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HomeMy WebLinkAbout06/22/2015General Purpose and Administration Committee Agenda Date: June 22, 2015 Time: 9:30 AM Place: Council Chambers If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Audio Record: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation or 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 (a) Minutes of a Regular Meeting of June 8, 2015 4 -1 5. Public Meetings 5 -1 (a) Applications for Proposed Zoning By -law Amendment Applicant: 2346123 Ontario Inc. (Wally Gupta) Report: PSD- 035 -15 5 -3 (b) Applications for Proposed Zoning By -law Amendment Applicant: 1351739 Ontario Inc. (Baird /Gay) Report: PSD- 036 -15 5 -5 (c) Applications for Proposed General Amendment to Zoning By -law 84 -63 Applicant: Municipality of Clarington Report: PSD- 037 -15 Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905 - 623 -3379 G.P. &A. Agenda 2 June 22, 2015 6. Delegations 6 -1 (a) Ted Brown, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (b) Barbara Singleton, Clarington Older Adult Board of Directors, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (c) Nancy Kelman, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (d) Dave Eva, Andrea Kausel, and David Biggar, Capstone Power, Regarding LGL- 005 -15, ZEP Wind Farm Ganaraska Renewable Energy Approval No. 1426- 9RWTSS (e) Jody E. Johnson, Aird & Berlis LLP. Regarding Report LGL- 006 -15, Clarington Wind Farm Renewable Energy Approval No. 8383- 9R8PSW 7. Presentations No Presentations 8. Planning Services Department (a) PSD- 035 -15 An Application by 2346123 Ontario Inc. (Wally Gupta) 8 -1 to Permit a Motor Vehicle Fuel Bar (b) PSD- 036 -15 A Rezoning Application by 1351739 Ontario Limited 8 -9 (Gay /Baird) to Amend Zoning By -Law 84 -63 to Permit the Severance of a Residential Lot Fronting on Townline Road (c) PSD- 037 -15 Public Meeting Report for a General Amendment to 8 -16 Zoning By -law 84 -63 (d) PSD- 038 -15 An Application by Far Sight Investments Ltd. to 8 -22 Amend Zoning By -law 84 -63 to Permit a Temporary Sales Office for New Homes in a Subdivision on Lambs Road, North of King Street East, Bowmanville and to Amend Sign By -law 2009 -123 (e) PSD- 039 -15 Request for Confirmation of Municipal Council 8 -37 Support for Resolution Under the Green Energy Act: Ground Mounted Solar Fit Project at 160 Morgans Road G.P. &A. Agenda 3 June 22, 2015 9. Engineering Services Department No Reports 10. Operations Department (a) OPD- 008 -15 2015 Winter Budget Report 11. Emergency and Fire Services Department No Reports 12. Community Services Department (a) CSD- 008 -15 Older Adult Strategy Governance 13. Municipal Clerk's Department No Reports 14. Corporate Services Department (a) COD - 014 -15 Facilities Development Strategy (b) COD - 015 -15 Odell Street and Prospect Street Reconstruction 15. Finance Department No Reports 16. Solicitors Department (a) LGL- 005 -15 ZEP Wind Farm Ganaraska Renewable Energy Approval No. 1426- 9RWTSS (b) LGL- 006 -15 Clarington Wind Farm Renewable Energy Approval No. 8383- 9R8PSW 17. Chief Administrative Office (a) CAO- 002 -15 Strategic Plan 2015 -2018 18. Unfinished Business None 19. Other Business 20. Communications 10 -1 12 -1 14 -1 14 -5 16 -60 17 -1 G.P. &A. Agenda 4 June 22, 2015 21. Confidential Reports (a) PSD- 040 -15 Applications by Port Darlington Land Corporation to Amend the Clarington Official Plan and Zoning By -law to Permit a 234 -Unit Draft Plan of Subdivision (b) LGL- 007 -15 Clarington v. Waste Management of Canada Claim for Royalties 22. Adjournment Clarington General Purpose and Administration Committee Minutes June 8, 2015 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 8, 2015 at 9:30 AM in the Council Chambers. MO Present Were: Councillor S. Cooke Councillor R. Hooper Councillor J. Neal Councillor W. Partner Councillor C. Traill Councillor W. Woo Regrets: Mayor A. Foster (on municipal business) Also Present: Chief Administrative Officer, F. Wu Municipal Solicitor, A. Allison Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Manager of Special Projects, Fay Langmaid Director of Operations, F. Horvath Director of Corporate Services & Human Resources, M. Marano Deputy Treasurer, L. Gordon Director of Emergency & Fire Services, G. Weir Municipal Clerk, A. Greentree Committee Coordinator, M. Chambers Councillor Woo chaired this portion of the meeting. Disclosures of Pecuniary Interest There were no disclosures of pecuniary interest stated at this meeting. - 1 - 4 -1 General Purpose and Administration Committee Minutes June 8, 2015 Announcements Councillor Hooper announced the following five items: • Bowmanville BIA's Summerfest in Downtown Bowmanville from Thursday, June 11, 2015 to Saturday, June 13, 2015. • Bowmanville Lion's Club Rubber Duck Derby on Saturday, June 13, 2015 at 1:00 PM at the Vanstone Bridge. • Central Public School's Springfest on Thursday, June 18, 2015 from 4:30 PM to 7:30 PM, for more information visit www.central125.com. • Bowmanville Concerts in the Park featuring the Don MacArthur Band on Thursday, June 11, 2015 at Rotary Park in Bowmanville. • Congratulations to the Bowmanville Rotary Club on the Ribfest Event held from June 5, 2015 to June 7, 2015 at Garnet B. Rickard Recreation Complex. Councillor Neal announced the following item: • Congratulations to the Bowmanville Rotary Club on the Ribfest Event held from June 5, 2015 to June 7, 2015 at Garnet B. Rickard Recreation Complex. Councillor Partner announced the following four items: • Saint Saviours Church Salad Luncheon and Supper on Wednesday, June 10, 2015 from 11:30 AM to 1:00 PM. • Doors Open Clarington on Saturday, June 13, 2015 from 10:00 AM to 4:00 PM.. • Ontario County Kennel Club's "Under the Big Top" Dog Show from Friday, June 12, 2015 to Sunday, June 14, 2015 at the Orono Fairgrounds. • Clarington East Food Banks 20th Annual Barbeque on Saturday, June 13, 2015 from 11 :30 AM to 1:30 PM. Councillor Traill announced the following item: Bethesda House "Walk a Mile in Her Shoes" on Saturday, June 13, 2015 in Downtown Bowmanville. Councillor Woo announced the following nine items: • Congratulations to the Bowmanville Rotary Club on the Ribfest Event held from June 5 to June 7, 2015 at Garnet B. Rickard Recreation Complex. • Ribbon Cutting for the Municipality of Clarington's accessible mobile stage on Friday, June 5, 2015 at the Garnet B. Rickard Complex. NNE 4 -2 General Purpose and Administration Committee Minutes June 8, 2015 • "Toronto2015 Pan Am Games Torch Relay" — Official Ceremony and Community Celebration on Friday, June 5, 2015. • Clarington Board of Trade's Simply Social on Wednesday, June 10, 2015 from 4:30 PM to 7:00 PM at Canadian Tire Motorsport Park. • Clarington Board of Trade's Spring Golf Clinic on Thursday, June 11, 2015 at 7:30 AM at the Quarry Lakes Golf and Recreation Centre. • Clarington Firefighters Charity Golf Tournament in support of Camp Bucko on Friday, June 12, 2015 at the Newcastle Golf and Country Club. • St. Paul's United Church is celebrating the 90 year anniversary of the United Church of Canada. on Wednesday, June, 10, 2015 from 10:30 AM to 11:30 AM. • Ecumenical Service in the Park on Sunday, June 14, 2015 from 11:00 AM to 12:00 PM at Rotary Park in Bowmanville. • Congratulations to Newcastle resident Chloe Rowe on being named the Badminton Ontario's Female Athlete of the Year. Minutes Resolution #GPA- 398 -15 Moved by Councillor Neal, seconded by Councillor Hooper That the minutes of the regular meeting of the General Purpose and Administration Committee held on May 25, 2015 and the special meeting of the General Purpose and Administration Committee held on June 2, 2015, be approved. CARRIED Public Meetina There were no public meetings. Delegations Delegation of Anna Marie Wall, Regarding the Denial of a Refreshment Vehicle Licence and Concerns with the Issues of Obtaining a Licence Anna Marie Wall was present regarding a request for an exemption to the Refreshment Vehicle By -law. Ms. Wall explained to the Committee that her application to license a refreshment vehicle was recently denied. She continued by noting that she purchased a double decker bus in 2014, with the intention of re- opening as a stationary refreshment vehicle. Ms. Wall added that the By -law was recently updated and the By -law states that any vehicle which is classified as a motor vehicle must have the ability to be driven on its own. She continued by explaining that double decker bus no longer able to be driven and needs to be towed in order for it to be moved. Ms. Wall provided some background of the vehicle and her plans for the future. She concluded -3- 4 -3 General Purpose and Administration Committee Minutes June 8, 2015 by thanking Committee and asked them to consider her request for an exemption to the refreshment vehicle By -law. Resolution #GPA- 399 -15 Moved by Councillor Neal, seconded by Councillor Partner That the delegation of Anna Marie Wall, regarding the denial of a refreshment vehicle licence, be referred to staff. MOTION WITHDRAWN Resolution #GPA -400 -15 Moved by Councillor Neal, seconded by Councillor Partner That the delegation of Anna Marie Wall, regarding the denial of a refreshment vehicle licence, be referred to staff to provide a report to Council with respect to the definition of a motor vehicle within the Refreshment Vehicle By -law. CARRIED Delegation of Tom Albani, Senior Project Manager, DG Group, Regarding Report PSD- 033 -15, Application by 1613881 Ontario Limited to Develop a 155 Unit Residential Plan of Subdivision Tom Albani, Senior Project Manager, DG Group, was present to answer any questions regarding Report PSD -033 -15, Application by 1613881 Ontario Limited to develop a 155 unit residential plan of subdivision. Presentations Presentation of Amy Burke, Sustainable Development Coordinator, Municipality of Clarington Regarding Report PSD- 032 -15 Port Granby Nature Reserve Proposal Amy Burke, Sustainable Development Coordinator, Municipality of Clarington, was present regarding Report PSD- 032 -15, Port Granby Nature Reserve Proposal. Ms. Burke provided background information and explained to the Committee that the draft copy of the proposal and schedule are being presented for consideration. She highlighted both the local and regional settings and provided background details concerning the subject lands. She continued by reviewing the areas included in the Port Granby Federal Land and explained what additional land will be required moving forward. Ms. Burke highlighted the Ecology First, Full Concept Vision, which included appointing a Committee and determining a proposed end use for the land. She added that a report was provided in 2010 by this Committee, which included recommendations for the land. Ms. Burke noted in July 2012 a working group was created to further assist with the Full Concept for the Port Granby lands. She reviewed the stewardship plan 4 -4 General Purpose and Administration Committee Minutes June 8, 2015 that was prepared to assist with the implementation plan for the development of the lands. Ms. Burked highlighted the Official Plan Policies, key opportunities and benefits, conservation network, and community support. She concluded by reviewing the next steps for this proposal. Planning Services Department Port Granby Nature Reserve Proposal Resolution #GPA- 401 -15 Moved by Councillor Partner, seconded by Councillor Cooke That Report PSD- 032 -15 be received; That the Port Granby Nature Reserve Proposal (Attachment 1 to Report PSD - 032 -15 — under separate cover) be submitted to Natural Resources Canada, as the rationale and proposed framework for the implementation of the Ecology First Full End Use Concept Plan, including the ownership and management of the subject lands; That the Mayor meet with representatives of the federal government to pursue the eventual dispositioning and transfer to the local municipalities-of the surplus federal lands; That the members of the Port Granby Nature Reserve Working Group be thanked for their work and involvement in preparing the proposal; and That all interested parties listed in Report PSD- 032 -15 and any delegations be advised of Council's decision. CARRIED Application by 1613881 Ontario Limited to develop a 155 Residential Plan of Subdivision Resolution #GPA - 402 -15 Moved by Councillor Hooper, seconded by Councillor Neal That Report PSD- 033 -15 be received; That the application for Draft Plan of Subdivision S -C 2012 -0003, submitted by Bousfields Inc. on behalf of 1613881 Ontario Inc. be supported subject to conditions as contained in Attachment 1 to PSD- 033 -15; 11611 4 -5 General Purpose and Administration Committee Minutes June 8, 2015 That the Zoning By -law Amendment application submitted by Bousfields Inc. on behalf of 1613881 Ontario Inc. be approved as contained in Attachment 2 to Report PSD- 033 -15; 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, the By -law authorizing the removal of the (H) Holding Symbol be forwarded to Council for approval; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 033 -15 and Council's decision; and That all interested parties listed in Report PSD- 033 -15 and any delegations be advised of Council's decision. Council Support for Roof Top Solar Project Applications the FIT Program Resolution #GPA- 403 -15 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD - 034 -15 be received; That Council approve the Resolution contained in Attachment 2 to Report PSD- 034 -15 to support roof top,solar projects in Clarington, subject to the application meeting the review criteria set by the Council and payment of the application fee as follows: Whereas pursuant to the regulations governing the FIT Program, applications under the Green Energy Act, 2009 which receive formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to others applying for FIT Contracts; And whereas the Council of the Municipality of Clarington supports roof - mounted solar projects that meet the criteria identified and approved by Council as part of Report PSD- 034 -2015 approved on June 15th, 2015 NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports roof mounted solar applications that meet the review criteria and delegate's authority to the Director of Planning Services to provide Council's endorsement for roof mounted solar projects to applicants based on the criteria; and 4 -6 General Purpose and Administration Committee Minutes June 8, 2015 That this resolution's sole purpose is to enable applicant's to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the application or project or any other purpose. CARRIED Councillor Neal chaired this portion of the meeting. Engineering Services Department GO Transit Re -route Options, Newcastle Village Resolution #GPA- 404 -15 Moved by Councillor Partner, seconded by Councillor Woo That Report EGD -012 -15 be received; That the demolition of the former fire hall in the Village of Newcastle be delayed to allow GO Transit to continue to use this property as a temporary turnaround on an interim basis until opportunities for strategic partnerships have been explored; That Staff be directed to enter into discussions with GO Transit and Durham Region Transit to see if opportunities exist which may allow us to maintain or even enhance transit service to the Village of Newcastle in the least disruptive manner possible; That Staff be directed to report back to Council in the Fall of 2015 on the progress of their discussions; That scheduling of the demolition of the former fire hall in Newcastle be revisited at that time, and That all interested parties listed in Report EGD- 012 -15 and any delegations be advised of Council's decision. Councillor Partner chaired this portion of the meeting. -7- 4 -7 General Purpose and Administration Committee Minutes June 8, 2015 Recess Resolution #GPA- 405 -15 Moved by Councillor Traill, seconded by Councillor Woo That the Committee recess for 10 minutes. CARRIED The meeting reconvened at 11:22 AM. Operations Department Emerald Ash Borer Resolution #GPA- 406 -15 Moved by Councillor Hooper, seconded by Councillor Woo That Report OPD- 006 -15 be received for information. Councillor Traill returned to the meeting at 11:25 AM. Portable Washroom Trailer Resolution #GPA- 407 -15 Moved by Councillor Cooke, seconded by Councillor Hooper That Report OPD- 007 -15 be received for information. CARRIED Emergency and Fire Services Department There were no reports to be considered under this section of the Agenda. Councillor Hooper chaired this portion of the meeting. =I General Purpose and Administration Committee Minutes June 8, 2015 Community Services Department Schedule of Rates and Fees — 2015/16 — 2016/17 Resolution #GPA- 408 -15 Moved by Councillor Cooke, seconded by Councillor Neal That Report CSD- 007 -15 be received; and That Council approve the proposed rates and fees as outlined in Attachment 1 of Report CSD- 007 -15 for the period September 1, 2015 to August 31, 2017. CARRIED (See following motions) Resolution #GPA- 409 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 408 -15 be amended as follows: That the Swim /Skate user fees for the period beginning September 1, 2015 and beginning September 1, 2016 be set as follows: Adult per visit - $3.55 Youth per visit - $2.75 Senior per visit - $2.75 Adult 10 visit - $31.85 Youth 10 visit - $24.75 Senior 10 visit - $24.75 MOTION LOST Resolution #GPA - 410 -15 Moved by Councillor Neal, seconded by Councillor Cooke That the foregoing Resolution #GPA- 408 -15 be amended as follows: "That all of the user fees be rounded to the nearest five cents." MOTION WITHDRAWN The foregoing Resolution #GPA - 408 -15 was then put to a vote and carried. 4 -9 General Purpose and Administration Committee Minutes June 8, 2015 Councillor Traill chaired this portion of the meeting. Clerk's Department Fireworks By -law Resolution #GPA- 411 -15 Moved by Councillor Partner, seconded by Councillor Woo That Report CLD- 011 -15 be received; That the by -law attached to Report CLD- 011 -15 be approved; and That all interested parties listed in Report CLD - 011 -15 and any delegations be advised of Council's decision. X_\7 71 Updated Council /Committee Meeting Schedule Resolution #GPA- 412 -15 Moved by Councillor Cooke, seconded by Councillor Neal That Report CLD- 013 -15 be received; That the Council /Committee meeting schedule for the remainder of the Term of Council 2014 to 2018, as previously adopted by Council (Attachment 1 to Report CLD- 013 -14) be rescinded; and That the Council /Committee meeting schedule for the remainder of the Term of Council 2014 to 2018, attached as Attachment 2 to Report CLD- 013 -14, be approved. CARRIED Councillor Woo chaired this portion of the meeting. Corporate Services Department Fourth Street Reconstruction Resolution #GPA- 413 -15 Moved by Councillor Hooper, seconded by Councillor Cooke That Report COD - 013 -15 be received; -10- 4 -10 General Purpose and Administration Committee Minutes June 8, 2015 That Nick Carchidi Excavating Ltd. with a total bid amount of $699,091.80 (net H.S.T. Rebate) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2015 -12 be awarded the contract for Fourth Street Reconstruction as required by the Municipality of Clarington, Engineering Services Department; That the funds required in the amount of $739,703.46 (net HST Rebate) including construction cost of $699,091.80 and $40,611.66 contingency be drawn from the following accounts: Fourth Street Reconstruction (2015) 110 -32- 330 - 83351 -7401 $90,000.00 Fourth Street Reconstruction (2014) 110 -32 -330- 83236 -7401 $338,900.00 Funded by Region of Durham $286,303.46 That the Funding shortfall be funded from the following account: Duke Street Reconstruction 110 -32- 330 - 83359 -7401 $24,500.00 That all interested parties listed in Report COD - 013 -15 and any delegations be advised of Council's decision. CARRIED Finance Department There were no reports to be considered under this section of the Agenda. 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 There were no items to be considered under this section of the Agenda. - 11 - 4 -11 General Purpose and Administration Committee Minutes June 8, 2015 Other Business Request for Data from the Ministry of Environment and Climate Change Resolution #GPA- 414 -15 Moved by Councillor Neal, seconded by Councillor Partner That the Ministry of Environment and Climate Change be requested to forward the Municipality of Clarington a copy of all data obtained as conditions of the Permit to Take Water, including quantities of water taken, date of the Ministry of Environment and Climate Change site visits, and copies of the daily logs completed by Hydro One. CARRIED Affordable Housing Task Force Resolution #GPA - 415 -15 Moved by Councillor Traill, seconded by Councillor Partner Whereas access to adequate housing is a fundamental right of all Canadians, as guaranteed by the UN Universal Declaration of Human Rights; Whereas thousands of households remain on the waiting list for social housing in Durham; Whereas seniors in Clarington and across Durham who are looking for affordable rent will be waiting at least three to four years and fewer than 19 units in 1,000 are available for rent each month; and Whereas access to good quality affordable housing has community -wide benefits related to economic competitiveness, health, education, social inclusion and strengthened communities; NOW THEREFORE IT BE RESOLVED that Durham Region and its eight area Municipalities set up a Task Force to consider the following to supplement the recommendations of "Home in Durham, the Durham Housing Plan 2014 - 2024 ": 1. Development Charge by -law amendments to include an exemption for affordable housing based on specific criteria and a housing service agreement with the Region or with the area Municipality as follows: To be eligible or an exemption or reduction of DCs, an affordable rental housing project must target low income households and provide affordable rent levels. The initial and ongoing annual affordable project rents along with the occupant -12- 4 -12 General Purpose and Administration Committee Minutes June 8, 2015 maximum income by unit type are to be set and /or approved by Durham Social Services, Housing Services Division. To be considered "affordable ", the initial rent setting must be consistent with any one of the following: A. The definition of "affordable rental' as provided in the Provincial Policy Statement OR B. 65% of the Average Market Rent as determined by CMHC in its latest survey of the local market OR C. Rent levels set in accordance with a Housing Services recognized affordable housing program (i.e. Canada /Ontario Affordable Housing Program) In addition, the property owner must have entered into a Housing Agreement with the Region of Durham, or with the local Municipality, which is registered on title and serves to ensure that the affordability terms established by the Region remain in effect. The principal intent of the Housing agreement is to indicate that in exchange for the DC exemption, the Region or area Municipality will specify rental rates and occupant income by unit type in perpetuity. It also establishes penalties & remedies should the terms of the Agreement be breached. The Housing Agreement must be executed by the applicant at the time of the property rezoning (where applicable) or prior to the project commencing construction (i.e. before building permit is issued). 2. The relaxation of architectural controls in order to encourage development of affordable housing based on the specific criteria set forth in Section 1 (A -C) above. 3. The provision of building permit fee exemptions in order to encourage development of affordable housing based on the specific criteria set forth in Section 1 (A -C) above. 4. A study of affordable housing best practice models across North America, not limiting itself to the GTA and to Ontario. CARRIED AS AMENDED (See following motions) -13- 4 -13 General Purpose and Administration Committee Minutes June 8, 2015 Resolution #GPA- 416 -15 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #GPA- 415 -15 be amended as follows: "That recommendation number 3 be deleted; and That the Resolution be circulated to the area Municipalities and our Member of Provincial Parliament for endorsement and be forwarded to the Durham Region Health and Social Services Committee." CARRIED The foregoing Resolution #GPA- 415 -15 was then put to a vote and carried as amended. Request for Public Input for Trail at Tooley's Mill Park Resolution #GPA- 417 -15 Moved by Councillor Neal, seconded by Councillor Cooke That the public be invited to provide input on the type of construction of the trail proposed commencing at Tooley's Mill Park, including, if deemed appropriate by staff, a Public Information Centre. 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. -14- 4 -14 General Purpose and Administration. Committee Minutes June 8, 2015 Adjournment Resolution #GPA -418 -15 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 12:56 PM. . -- DEPUTY CLERK -15- 4-15 h f ,.;La , PUBLIC MEETING --- .- i���,_: REPORT PSD- 035 -15 Clarinson 2346 123 ONTARIO INC. (WALLY GUPTA) Notice of Public Meeting The Municipality of Clarington has received a Cqmplete Application for a proposed Zoning By -law, Amendment. Council is seeking public comments on this application before making a decision. Applicant: 2346123 Ontario Inc. (Wally Gupta) Proposal: An application to permit a gas station in addition to other commercial uses permitted in the Special Purpose Commercial Exception Zone Property: 3211 Highway 35/115 File Number: ZBA2015 -0005 A Public Meeting to receive input on the applications. will be held on: Date: Monday, June 22, 2015 Time: 9:30 a.m. Place: Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario ANY person may attend the public meeting and /or make written or verbal comments on the proposal. If you cannot attend the Public Meeting, you can: 1. Speak to Council at their meeting on June 29, 2015, 7:00 pm Should you wish to appear before Council, you must register prior to 4:15 pm on the Friday in advance. Arrangements should be made through the Municipality of Clarington Clerk's Department at 905 - 623 -3379, extension 2106. An on -line form is also available on the Municipality's website, www.clarington.net under "Delegations" in the Service Clarington listing. 2. Write to the Planning Director You can provide comments in writing on these applications through the Planner Contact listed below. You can also request to be notified of Council's decision on the applications. Additional Information and Planner Contact: Additional information relating to the applications is available for inspection at the Planning Services Department, or by calling Nicole Zambri (905) 623 -3379, extension 2422 or by e -mail at NZambri(a-)_clarington.net. Further details can be found on our website www.clarington.net under "Current Applications" in the Planning Services listing. Other Details our Clerk and Lawyer want you to know: 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. 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. The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c.P.13, as amended, and can form part of the public record 'which may be released to the public. Questions about this collection should be directed to the Clerk's Department. If a person or public body does not make oral submissions at a public meeting or make written submission before the by -law is passed; and /or before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body: i) is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board; and ii) may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. Dated at the Municipality of Clarington this 25341 day of . , 20 /5� David J. Crome, MCIP, RPP 40 Temperance Street Director of Planning Services Bowmanville, Ontario Municipality of Clarington L1 C 3A6 cc: LDO 5 -1 T Future Retail Coffee Convenience ` Store Shop Store fiLLL Bar Canopy O E3WMTFFM Q� 'V • 2HA 2a15A005 Property Location Map (Newcastle) ZBA 2015 -00 05 Zoning By -law Amendment Owner: 2346123 Ontario Inc. N i LO Concession Road p 4' N to Subject "{{ X31 oU Site > x dConcLi n Road 3 it ZBA 2015 -00 05 Zoning By -law Amendment Owner: 2346123 Ontario Inc. N i LO PUBLIC MEETING REPORT PSD- 036 -15 Ciff*10011 1351739 ONTARIO LTD. Notice of Public Meeting Have your say about a proposed land use change. The Municipality is seeking'public comments on a complete application it has received from 1351739 Ontario Limited. Proposal: To rezone lands to permit the development of 2 single detached dwellings Property: 85 -87 Townline Road North, Courtice Part of Lot 35, Concession 3, Former Township of Darlington File Number: ZSA 2015 -0007 The Public Meeting will be held: Date: Monday, June 22, 2015 Time: 9:30 a.m. Place: Council Chambers, Municipal ,Administrative Centre, 40 Temperance Street, Bowmanville, Ontario Questions? Please contact Anne Taylor Scott (905) 623 -3379, extension 2414 or by e -mail ataylorscott @clarington.net. 5 -3 Please see the other side of this notice for additional information and legal requirements. Ana person that cannot attend the Public Meeting may: 1. Write to the Planning Services Department You can provide comments in writing and /or request to be notified of further meetings. Submit your comments to the Planner Contact listed above by 12 noon on the Friday preceding the public meeting. Mail: Planning Services Department Email: ataylorscott @clarington.net 40 Temperance Street Bowmanville, ON L 1 C 3A6 2. Speak to Council at their meeting on June 29, 2015, 7:00 pm. Should you wish to appear before Council, you must register prior to 4:15 pm on Friday, June 26, 2015. Arrangements should be made through the Municipality of Clarington Clerk's Department at (905) 623 -3379, extension 2106. An on -line form is also available on the Municipality's website, www.clarington.net under "Delegations" in the Service Clarington listing. Other Details our Clerk and Lawyer want you to know: The personal information accompanying your submission is being collected under the authority of the Planning Act and can form part of the public record which may be released to the public. Questions about this collection should be directed to the Clerk's Department at 905 - 623 -3379, extension 2102. If a person or public body does not make oral submissions at a public meeting or make written submission to the Municipality of Clarington before the proposed zoning by -law amendment is approved, the person or public body: i) is not entitled to appeal the decision of the Region of Durham 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. If you wish to be notified of Council's decision on the proposed zoning by -law amendment, you must make written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Clerk's Department. Dated at the Municipality of Clarington this25 day of May, 2015. David J. Crome, MCIP, RPP Director of Planning Services 5 -4 PUBLIC MEETING REPORT PSD - OF C MUNICIPALITY OF LARINGTON Notice of Public Meeting Have your say about a proposed General Amendment to Zoning By -law 64 -63. The Municipality is. seeking public comments on a proposed General Amendment. Proposal: - The Municipality of Clarington is proposing a General Amendment to Zoning By -law 84- 63 to: . • Clarify a number of Definitions and the general regulations. • Revisions for consistency with the Kennel Licensing By -law 2013 -025. • Introduction of regulations for Special Events, Refreshment Vehicles, visitors parking for multiple residential unit developments, 0.3 metre reserves, Model Homes and Temporary Sales Offices, File Number: ZBA2015 -0004 The Public Meeting will be held: Date: Monday, June 22, 2015 Time: 9:30 a.m. Place: Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville, Ontario Questions? Please contact Tracey Webster (905) 623 -3379, extension 2415 or by e -mail at twebster(o-)clarington. net. Any person that cannot attend the Public Meeting may: 1. Write to the Planning Services Department You can provide comments in writing and /or request to be notified of further meetings or Council's decision. Submit your comments to Tracey Webster by 12 noon on the Friday preceding the public meeting. Mail: Planning Services Department Email:twebster @clarington.net 40 Temperance Street Bowmanville, ON L1 C 3A6. 2. Speak to Council at their meeting on June 29, 2015, 7:00 pm. Should you wish to appear before Council, you must register prior to 4:15 pm on Friday June 26, 2015. Arrangements should be made through the Municipality of Clarington Clerk's Department at (905) 623 -3379, extension 2106. An on -line form is also available on the Municipality's website, www.clarington.net under "Delegations" in the Service Clarington listing. Additional Information Detailed information and background studies are available for review at the Planning Services Department. They can also be found on our website at www. clarington .net/DevelopMentProposals Other Details our Clerk and Lawyer want you to know: The personal information accompanying your submission is being collected under the authority of the Planning Act and can form part of the public record which may be released to the public. Questions about this collection should be directed to the Clerk's Department at 905 - 623 -3379, extension 2102. If a person or public body does not make oral submissions at a public meeting or make written submission to the Municipality of Clarington before the proposed Plan of Subdivision and Zoning By -law are approved, the person. or public body: i) is not entitled to appeal the decisions of the Municipality of Clarington 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. If you have accessibility needs and require alternate formats of this document or.other accommodations please contact the Clerk's Department at 905 - 623 -3379 extension 2109. Dat e Municipality of Clarington this day of 2015. Davi J. Cr ome, , MCIP, RPP Director of Planning Services 5 -5 DRAFT LIST OF DELEGATIONS GPA Meeting: June 22, 2015 (a) Ted Brown, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (b) Barbara Singleton, Clarington Older Adult Board of Directors, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (c) Nancy'Kelman, Regarding Report CSD- 008 -15, Regarding the Older Adult Strategy Governance (d) Dave Eva, Andrea Kausel, and David Biggar, Capstone Power, Regarding LGL- 005 -15, ZEP Wind Farm Ganaraska Renewable Energy Approval No. 1426- 9RWTSS (e) Jody E. Johnson, Aird & Berlis LLP. Regarding Report LGL- 006 -15, Clarington Wind Farm Renewable Energy Approval No. 8383- 9R8PSW 6 -1 l` t t 1 J t Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905- 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD- 035 -15 Resolution Number: File Number: ZBA2015 -0005 By -law Number: Report Subject: An Application by 2346123 Ontario Inc. (Wally Gupta) to permit a motor vehicle fuel bar Recommendations: 1. 3. That Report PSD- 035 -15 be received; That the proposed application for Rezoning ZBA 2015 -0005 continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD- 035 -15 and any delegations be advised of Council's decision. Municipality of Clarington Renort PSD- 035 -15 Report Overview Page 2 This report is prepared for a Public Meeting to receive comments. The applicant is proposing to construct a convenience store, restaurant (coffee shop) and a gas station. The gas station is currently not permitted under the existing Zoning By -law. The subject site is a vacant commercial lot having access from the northbound traffic lane on Highway 35/115, just north of Newcastle Village. Currently, the site contains an abandoned restaurant building. 1. Application Details 1.1 Owner: 2346123 Ontario Inc. (Wally Gupta) 1.2 Agent: Cantam Group Ltd. 1.3 Proposal: To permit a motor vehicle fuel bar 1.4 Area: 1.2 Hectares (3.0 acres) 1.5 Location: 3211 Highway 35/115 1.6 Within Built Boundary: No 2. Background 2.1 The applicant is proposing a convenience store, a restaurant (coffee shop), and a motor vehicle fuel bar. The Special Purpose Commercial Exception (C4 -12) zone allows for all proposed commercial uses on this site, with the exception of the motor vehicle fuel bar. However, an existing motor vehicle fuel bar is permitted. 2.2 Highway 35/115 was reconstructed in the 1980's as a divided highway. Since that time, a number of the businesses along the Highway have struggled and disappeared as the result of no longer having access from both the northbound and southbound traffic. The former Ace Submarines restaurant on this subject site has been closed for approximately 10 years. Throughout this period there has been a transition with new businesses, many are franchises that have been able to renew these commercial sites along the Highway. 3. Land Characteristics and Surrounding Uses 3.1 The surrounding uses are as follows: North: Commercial (gas stations, retail, restaurants) and institutional (high school) South and East: Golf driving range and agricultural land West: Divided highway 115/35 AM Municipality of Clarington Report PSD- 035 -15 Page 3 4. Provincial Policy 4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) contains policies on the rural areas in municipalities. Rural areas are lands within municipalities that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features, and resource areas. Rural Areas are important to the economic success of the Province and our quality of life. It is important to leverage rural assets and amenities as a foundation for a sustainable economy. The rural areas often have unique characteristics and are interdependent with urban areas sharing markets, resources and amenities. Rural areas can be supported by promoting regeneration, including the redevelopment of brownfield sites. Brownfield sites are underdeveloped or previously developed properties that may be contaminated. They are usually, but not exclusively, former industrial or commercial properties that may be underutilized, derelict or vacant. The policies of the PPS also promote diversification of the economic base and employment opportunities through goods and services, including value -added products and sustainable management of use of resources. Long -term economic prosperity should be supported by promoting the redevelopment of brownfield sites. This site has existed as a commercial property for over 30 years and is no longer suitable for agricultural purposes. Municipality of Clarington Report PSD- 035 -15 Page 4 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan (the Plan) designates the subject lands "Prime Agricultural Area ". Prime Agricultural Areas permit a full range of agricultural, agricultural related and secondary uses. However, policy 14.5.4 of the Plan permits the continuation, expansion or enlargement of uses which do not conform to the policies of the Plan. Local councils. may pass a zoning by -law to permit the continuation, expansion or enlargement of the legally existing uses, or the variation to similar uses, provided that such uses: • Have no adverse effect on the present uses of the surrounding lands or implementation of the provisions of the Durham Region Official Plan; • Comply with Provincial Minimum Distance Separation Formulae; • Are accessible by a public road; and • Are subject to conditions that may be contained in an area municipal Official Plan. The current proposal to permit a new motor vehicle fuel bar, can be considered a variation to a similar use. The Minimum Distance Separation Guidelines are not applicable for lands that are already zoned commercial. The Region of Durham has provided their comments and advised that the proposal is considered to be in conformity with the Durham Region Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Prime Agricultural Area ". High quality agricultural lands are to be protected for farming. However, similar to the Region of Durham, the Clarington Official Plan has policies in Section 23.5.3 of the Plan which permits Council to pass a by -law recognizing the continuation, expansion or enlargement of non - conforming uses, or the variations to similar uses. Allowing an additional and very similar commercial use in the Special Purpose Commercial Zone will not fragment or damage agricultural lands and will allow for this site to be revitalized. The proposal conforms to the Clarington Official Plan. 6. Zoning By -law Zoning By -law 84 -63 zones the subject lands "Special Purpose Commercial Exception (C4 -12) ". Although the zone permits existing motor vehicle fuel bars, along with a number of other commercial uses, it does not permit a new motor vehicle fuel bar. The owner is seeking an amendment to the Zoning By -law in order to facilitate the proposed development, including a motor vehicle fuel bar. Municipality of Clarington Report PS®- 035 -15 e5 Motor vehicle fuel bars have their own specific land use zone called "Service Station Commercial ". The Service Station Zone is used more for single use operations while the Special Purpose Commercial Zone permits multiple commercial uses that serve the travelling public. At the time that the current Zoning By -law was passed, the subject lands were determined to be a Special Purpose Commercial use instead of a Service Station use. In 1985 (one year after the Zoning By -law was in effect), a subsequent amendment was made to this zone category to recognize only existing service station in the Special Purpose Commercial Zone. 7. Summary of Background Studies The Owner's consultant submitted five studies in support of the application. A summary of their conclusions is provided below: i Phase 1 and Phase 2 Environmental Site Assessment A Phase 1 and 2 Environmental Site Assessment, prepared by WSP Canada Inc., was submitted in support of the application. The report indicated that no gas stations or automotive repair facilities have reportedly ever existed on site. The report concluded that soil and groundwater readings at this location detected elevated levels of petroleum hydrocarbons likely generated by historic gas stations on surrounding properties. The report recommends further soil and groundwater testing. Water Supply Assessment The site is to be serviced with a well and on -site, private sewage system. The existing well does not comply with minimum standards and will need to be decommissioned. • Geotechnical Investigation This report was prepared by Patriot Engineering Limited to determine.the soil and groundwater conditions. The report concludes that the site can be developed for the proposed use, provided that the recommendations in the report are satisfied. Traffic Impact Study A Traffic Impact Study was prepared by Mark Engineering. The report concludes that there is sufficient capacity in the road system to serve the forecasted increase in traffic. Therefore, no improvements to the highway are necessary to serve the proposed development. However, the Ministry of Transportation has reviewed this study and requires the report to be revised. The Traffic Impact Study will be revised before issuing site plan approval. Municipality of Clarington Report PSD- 035 -15 Page 6 • Planning Rationale Report A Planning Rationale Report was submitted by Kirkness Consulting Inc. in support of the proposed gas station. The report indicates that the site is considered appropriate for a new gas bar given: • its high visibility along the highway; • the ease of access to the site; • the relatively large size of the site; and • the fact that Highway 35/115 has seen a substantial increase in daily traffic rates over the past 10 years. The use is compatible with surrounding land uses in this area. There are a number of similar developments with a gas bar in this area. 8. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject site and the appropriate signage acknowledging the application was installed on the subject lands, in accordance with the Planning Act. Notice was also posted on the Municipal website and in the Planning Services Department electronic newsletter. At the time of writing this report, Staff received one inquiry from a resident/neighboor seeking more information regarding the proposed development. 9. Agency Comments 9.1 Regional Municipality of Durham The proposal to permit a gas bar, convenience store and a restaurant can be considered an expansion and a variation to a similar use, which once contained an eating establishment. Therefore this application does not have significant Regional concerns. The Region requires that a Record of Site Condition be filed with the Ministry of Environment. An "Acknowledgement Letter" from the Ministry of Environment, which acknowledges the Record of Site Condition and indicates the site has not been selected for audit, shall then be provided to the Region. The Regional Health Department has indicated that the daily design sewage flow is greater than 10,000 litres /day therefore, the Ministry of Environment should be contacted in order to obtain comments for this proposal. 9.2 Ministry of Transportation The Ministry of Transportation has no objection to the proposed gas bar use in principle but there are a number of comments.that will need to be addressed at the site plan stage of this development. 11 =1 Municipality of Clarington Report PSD- 035 -15 Page 7 10. Departmental Comments 10.1 Engineering Services The Engineering Services Department has reviewed the application and has no objection to the proposed use. The applicant will be required to satisfy the Engineering Services Department prior to final approval of the site plan for the subject property. . , 10.2 Emergency and Fire Services The Emergency and Fire Services Department has no objection to the gas bar use. However, on -site water supply for firefighting may be required. 11. Concurrence Not Applicable. 12. Conclusion The purpose of this report is to provide background information on the proposed new motor vehicle fuel bar submitted by 2346123 Ontario Inc. (Wally Gupta) 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. 13. Strategic Plan Application Not applicable. S . Submitted b - ?'1`- � Reviewed b Dav)d J. Cfomej, MCIP, f PP ```JFranklin Wu, ,Director of Planning Services Chief Administrative Officer Staff Contact: Nicole Zambri, Planner, 905 - 623 -3379 ext. 2422 or nzambri(a�clarington.net Attachments: Attachment 1 - Key Map The following is a list of the interested parties to be notified of Council's decision: Diane Werry NZ /COS /df E:�7 Attachment 1 to Municipality of Clarington Report PSD- 035 -15 r r LO M C" Future Retail Store Coffee Convenience Shop Store 1A flu i Gas Bar Canopy O F O + «O N ZBA 2015 -0005 .� �a Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD- 036 -15 Resolution Number: File Number: ZBA 2015 -0007 By -law Number: Report Subject: A Rezoning Application by 1351739 Ontario Limited (Gay /Baird)to Amend Zoning By -Law 84 -63 to Permit the Severance of a Residential Lot Fronting on Townline Road Recommendations: 1. That Report PSD- 036 -15 be received; 2. That the Zoning By -Law Amendment (ZBA- 2015 -0007) application submitted by 1351739 Ontario Limited (Gay /Baird) to allow the severance of an existing lot continue to be processed and that a subsequent report be prepared, and 3. That all interested parties listed in Report PSD- 036 -15 and any delegations be advised of Council's decision. E +�'7 Municipality of Clarington Report PSD -036 -15 Report Overview Paqe 2 This is a Public Meeting report to consider lands located on the east side of Townline Road North, north of Nash Road in Courtice. The subject property is currently zoned as "Agricultural (A) ". The Owner is seeking to rezone this property, in conformity with the Official Plan, in order to allow for the property to be severed and create two 17.26 metre frontage residential lots to accommodate a single detached dwelling on each. 1. Application Details 1.1. Owner /Applicant: 1351739 Ontario Limited 1.2. Agent: D.G. Biddle and Associates Limited 1.3. Proposal: To rezone from "Agricultural (A)" to an appropriate zone to facilitate the severance of one lot, into two 17.26 metre frontage residential lots 1.4. Site Area: 0.28 hectares 1.5. Location: Part of Lot 35, Concession 2 former Township of Darlington, 85 -87 Townline Road North, Courtice 1.6. Within Built Boundary: Yes 2. Background 2.1 On March 24, 2015, D.G. Biddle and Associates Ltd on behalf of 1351739 Ontario Ltd submitted an application to rezone the subject property from "Agricultural (A)" to facilitate a severance and permit two single detached dwellings -on 17.26 metre frontage lots. 2.2 Previously, on December 19, 2014 1351739 Ontario Ltd., had submitted an application for land division of the subject property to Durham Region (LD 027/2015). Clarington Staff confirmed that the lands would require approval of a zoning by -law amendment prior to making a recommendation on the land division application as the lands are not within an urban residential zone. After considering all comments the Land Division Committee tabled the application for up to two years to allow the applicant to consult with Clarington Staff. 2.3 As part of this application, the applicant submitted an Environmental Impact Study and a Noise Impact Study. These have been circulated to departments and agencies and are currently under review. 8 -10 Municipality of Clarington Report PSD -036 -15 Page 3 3. Land Characteristics and Surrounding Uses Figure 1 — Key Map of Subject Property 3.1 Located on the property is an abandoned residential dwelling. The subject lands are primarily flat, except for a slope area at the very rear of the property where it drops off significantly into the Harmony Creek Valley. Harmony Creek and its wooded valley are located at the eastern end of the property. The subject lands contain a manicured lawn, treed property lines in the north and south and wooded area to the east. The woodland includes a steep slope leading to Harmony Creek and the associated floodplain. A provincially significant wetland is identified just to the east of the subject lands. 3.2 The surrounding uses are as follows: North - Rural Residential Dwellings South - Rural Residential Dwellings East - Rural Residential Dwellings and Provincially Significant Wetland West - Kingsway College, a private secondary school campus - 8-11 0 z co 0 Proposed•Driveway, Fp Proposed House _ -- Existing - -;/ House Property to be severed Road i Widening ---- ' - -- Sheds Property to i P , - - -v; be retained Proposed'Driveway, N ZBA 20150007 3.1 Located on the property is an abandoned residential dwelling. The subject lands are primarily flat, except for a slope area at the very rear of the property where it drops off significantly into the Harmony Creek Valley. Harmony Creek and its wooded valley are located at the eastern end of the property. The subject lands contain a manicured lawn, treed property lines in the north and south and wooded area to the east. The woodland includes a steep slope leading to Harmony Creek and the associated floodplain. A provincially significant wetland is identified just to the east of the subject lands. 3.2 The surrounding uses are as follows: North - Rural Residential Dwellings South - Rural Residential Dwellings East - Rural Residential Dwellings and Provincially Significant Wetland West - Kingsway College, a private secondary school campus - 8-11 Municipality of Clarington Report PSD- 036 -15 Figure 2 — Existing Residential Dwelling on Property 4. Provincial Policy 4.1 Provincial Policy Statement Within the Provincial Policy Statement (2014), the subject lands are located in the settlement area boundary. The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on a mix of uses that efficiently use land, resources and infrastructure. Opportunities for redevelopment and intensification are encouraged and natural features shall be protected. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.2 Growth Plan for the Greater Golden Horseshoe 8 -12 4 The subject property is located within the built boundary. Population and employment growth will be accommodated by directing a significant portion of new growth to the built - up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality is to be located within the built up area. Municipality of Clarington Report PSD- 036 -15 Page 5 5. Official Plans 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates this property as a "Living Area ". Living Area lands are predominately intended for housing purposes. Under the Durham Regional Official Plan Development applications in Living Areas shall encourage: compact urban form, use of good design principles and convenient pedestrian access to public transportation, educational facilities and parks. 5.2 Clarington Official Plan The subject lands are predominantly designated "Urban Residential ", with the rear of the property designated "Environmental Protection" to reflect the location of a Provincially Significant Wetland, a Significant Woodland, Cold Water Stream and Significant Valley lands. The Urban Residential lands are predominately intended for housing purposes. As the lands are within 120 metres of a natural heritage feature, an Environmental Impact Study has been conducted to define the development limit. Townline Road is a designated Type B Arterial Road. Private access points should be limited to one for every 80 metres of road. 6. Zoning By -law Zoning By -law 84 -63 zones the subject lands as "Agricultural'. This zone does not allow for the creation of two urban residential lots, hence the need for a zoning application. 7. Public Notice and Submissions Public notice was given by mail to each landowner within 120 metres of the subject site. The public notices for this application were mailed on May 25, 2015, and the appropriate signage outlining the application was installed on the subject lands Townline Road frontage. At the time of drafting this report, Staff had received no inquiries regarding this application. 6. Agency Comments 8.1 The majority of circulated external agencies have not commented to date. This includes: The Region of Durham Planning and Economic Development, Region of Durham Works Department, and Central Lake Ontario Conservation Authority. 8.2 The Durham Health Department has advised that they have no objection, in principle, to the proposal. However, it is their recommendation that, as a condition of any approval, the properties be serviced by municipal sanitary sewer and municipal water. Any well(s) and septic systems located on the property must be properly abandoned. 8 -13 Municipality of Clarington Report PSD -036 -15 Page 6 9. Departmental Comments 9.1 Engineering Services Clarington Engineering has advised that they have no objection in principle to the rezoning and that prior to final approval of the related land severance application, the applicant will be required to satisfy the Engineering Services Department regarding the following concerns and conditions: • Grading, • Drainage, • Parking, and • Noise Attenuation. 9.2 Emergency and Fire Services Emergency and Fire Services have reviewed the application and have no objection. 10. Discussion 10.1 The applicant is requesting permission to rezone the subject property from "Agricultural (A)" to facilitate a severance and permit two single detached dwellings. 10.2 Currently, there is an abandoned single- detached residential dwelling in the middle of the property however, the applicant plans to remove the existing dwelling from the property once granted the Zoning By -Law Amendment, in order to facilitate the land division. 10.3 The Environmental Impact Study submitted with the application is still under review internally and externally, as is the Noise Study. Both will be reviewed and summarized in a subsequent report. 10.4 Comments provided by departments and agencies will continue to be reviewed and addressed by the applicant and their consultants as they are received. 11. Concurrence Not Applicable 12. Conclusion The purpose of this report is to provide background information on the proposed Zoning By -Law Amendment and receive comments from the public. Staff will continue processing the application including the preparation of a subsequent report upon receipt of all outstanding comments and resolution of the identified issues. Municipality of Clarington Resort PSD= 036 -15 13. Strategic Plan Application Not applicable Davicf 1. Crome, MCIP,' RPP Director of Planning Services Page 7 Reviewed by. r--X� j Franklin Wu, Chief Administrative Officer Staff Contact: Anne Taylor Scott, Planner II, 905 - 623 -3379 ext. 2414 or ataylorscott(cr).clarington. net The following is a list of the interested parties to be notified of Council's decision: D.G. Biddle and Associates Limited' 1351739 Ontario Limited DA/CP /df /jp 8 -15 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting:. June 22, 2015 Report Number: PSD- 037 -15 Resolution Number: File Number: ZBA2015 -0004 By -law Number: Report Subject: Public Meeting Report for a General Amendment to Zonina By -law 84 -63 Recommendations: 1. 2. 3. 4. That Report PSD- 037 -15 be received; That the proposed application for Rezoning ZBA 2015 -0004 continue to be processed including the preparation of a subsequent report; That staff consider the public comments received in the further processing of the General Amendment to Zoning By -law 84 -63 proposed by the Municipality of Clarington; and That all interested parties.listed in Report PSD- 037 -15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD- 037 -15 Page 2 Report Overview The Planning Services Department is proposing a General Amendment to Zoning By -law 84- 63. The proposed General Amendment intends to: - Clarify a number of Definitions and General Provisions. - Provide revisions for consistency with the Kennel Licensing By -law 2013 -025. - Introduce General Provisions for Special Events, Refreshment Vehicles, visitor Parking for multiple residential unit developments, 0.3 metre reserves, and Model Homes and Temporary Sales Offices. 1. Background 1.1 Staff are proposing amendments to Zoning By -law 84 -63 to address consistency with recently adopted amendments to the Kennel Licensing By -law, Refreshment Vehicle By- law and Special Event By -law. In addition, a number of amendments are proposed to provide greater clarity and consistency to the interpretation of certain zone. provisions and regulations. The proposed amendments are described in Attachment 1. 1.2 On March 25, 2013 Council passed the Kennel By -law 2013 -025, repealing the previous Kennel By -law. The previous Kennel By -law made a distinction between commercial and private kennels. Private kennels were intended to permit residents 3 or more dogs on agriculturally zoned properties, provided they met the necessary requirements of a Kennel license. Due to inconsistencies with the. Responsible Pet Owners By -law, the definition of a "Private Kennel' was removed from Kennel By -law 2013 -025. Regulations for the number of pets residents are permitted to have are now outlined in the Responsible Pet Owners By -law 2013 -024 which was also passed on March 25, 2013. Changes to Zoning By -law 84 -63 will provide consistency with both by -laws. 1.3 On March 6, 2014 Council passed By -law 2014 -020 to regulate special events on private property. The Planning Services Department regularly is asked to confirm zoning compliance on Building Permit applications for tents and temporary structures for events such as Ribfest and private backyard weddings or celebrations. Although special events are defined within Zoning By -law 84 -63, a corresponding General Provision regulating where special events could occur was deleted on July 28, 1989 as it was originally created for a temporary use rezoning. A General Provision would identify where a special event use is permitted and that structures such as a tent are allowed as part of the event. 1.4 The Refreshment Vehicle By -law was revised in February 2015, based on recommendations proposed by the Clerks Department (CLD- 002 -15). In their report, the Clerks Department recommended that the Zoning By -law be amended to: • Define refreshment vehicles as a type of land use that would only be permitted where the zoning specifically permits it. AW Municipality of Clarington Report PSD- 037 -15 Page 3 • Limit stationary refreshment vehicles as an ancillary land use in certain commercial zones. This would restrict the refreshment vehicles to lands with an established commercial use. • Provide for refreshment vehicles on lands where a special event is being held. Provide for "grandfathering" of existing refreshment.vehicle sites: 2. Proposal 2.1 Clarification Amendments As the Zoning By -law is used by staff, developers and property owners, we become aware that certain provisions and regulations may be misinterpreted, or are difficult to understand. Clarification of the wording of various definitions and provisions are proposed. The format of the regulations for Accessory Structures is also proposed to be revised to a table format which is.consistent with the Oak Ridges Moraine Zoning By -law 2005 -109 and has proven to be simpler to understand. Many definitions which have been provided within site specific Zoning Regulations are proposed to be relocated to the more appropriate Definition Section of the By -law to avoid duplication. Diagrams used to illustrate defined terms in the Oak Ridges Moraine Zoning By -law 2005 -109 are also proposed to be added. 2.2 Kennels The definition of Kennel'is proposed to be revised for consistency with Kennel By -law 2013 -025. The definition of Private Kennel is proposed to be deleted. The permitted uses in all zones have been examined to determine which sections require the removal of the Private Kennel use as it is now redundant since the Responsible Pet Owners By -law 2013 -024 adequately regulates the number of pets residents are permitted to have. The Commercial use will also need to be replaced with a new Kennel definition that is consistent with the Kennel By -law. 2.3 Special Events A General Provision.is proposed to establish the regulations for permitting a special events use. The definition of a special event needs to be updated for consistency with the Special Events on Private Property By -law 2014 -020. Removal of details specific to the temporary use that is no longer relevant also needs to be considered. The special events definition should be modified to include private special occasion celebrations to recognize weddings, birthdays, anniversaries etc. so that there are no conflicts when providing Planning Services review of Building Permits and Licenses for compliance to the Zoning By -law. mm Municipality of Clarington Report PSD- 037 -15 2.4 Refreshment Vehicles Paae 4 The definitions from the Refreshment Vehicle By -law will be added to Section 2 with modification to specify that food and beverages are offered for sale. A list of licensed Refreshment Vehicles was provided by the Clerks Department. The locations were reviewed to determine appropriate locations to permit the use as of right. It is proposed to add stationary refreshment vehicles as a permitted use to the following zone categories: Hamlet Commercial (C3), Special Purpose Commercial (C4), Service Station Commercial (C6). It is proposed to recognize existing stationary refreshment vehicles located in other zone categories. The General Provisions will also restrict the location to a parking area. It is assumed that refreshment carts will operate on municipal boulevards which are not subject to the zoning by -law. A General Provision. is proposed which would permit mobile refreshment vehicles and refreshment carts to operate in association with a special event. 2.5 Visitors Parking There are currently no provisions for visitor parking for multi - dwelling buildings, such as apartments and block townhouse developments. Through the Site Plan approval process, Planning Services staff have requested 0.25 parking spaces per unit for such developments for a number of years. This request has been accommodated by the development community, however it should be included in the Zoning By -law. 2.6 0.3 Metre Reserves Typically a 0.3 metre reserve is established along the side lot line of a lot abutting a road allowance to restrict access to the public street in the case of a corner lot. Having a block of land between a lot and the public street has resulted in incorrect interpretations that a corner lot does not require an exterior side yard setback. A regulation is proposed to clarify that where a 0.3 metre reserve is used, it does not eliminate the need for an exterior side yard. 2.7 Model Homes and Temporary Sales Offices Section 3.24 a. of Zoning By -law 84 -63 which speaks to construction trailers has been interpreted as permitting a sales trailer for new homes within a plan of subdivision. This section does not regulate model homes, parking, time frame, or the need for agreements to be in place. A new section is proposed to be added which is consistent with the Oak Ridges Moraine Zoning By -law. • Municipality of Clarington Reoort PSD- 037 -15 3. Public Notice and Submissions Page 5 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Clarington This Week on June 3 to 23, 2015 and the Orono Times on June 3 to 23, 2015. 4. Agency and Departmental Comments The proposed amendments contained in Attachment 1 has been circulated to the relevant Departments and Agencies for comments. Comments will be assessed in a subsequent report. 5. Concurrence Not Applicable 6. Conclusion The purpose of this report is to provide background information on the proposed General Amendment to Zoning By -law 84 -63 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. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: ' Reviewed by: gav/d J. dnorne, MCIP, RI�.-i' Franklin Wu, `Director of Planning Services Chief Administrative Officer Staff Contact: Tracey Webster, Senior Planner, 905 - 623 -3379 ext. 2415 or twebster@clarington.net Attachments: Attachment 1 — Proposed Zoning By -law Amendments (under separate cover) Attachment 2 — Proposed Section 3.1 c (under separate cover) Municipality of Clarington Report PSD- 037 -15 The following is a list of the interested parties to be notified on Council's decision: Sandra Kranc, City of Oshawa Christopher Harris, Township of Scugog Judy Currins, City of Kawartha lakes Sue Bernardi, Town of Port Hope Ahmen Duale Grzegorz Januszyk Geoarte McNamb Otello Molinaro John Hoekstra Daryl Bottema- Adkins Sharon Bairgrie Victor Hanc Steve Neal Tony Oppedisano Linda Van Gester Delaine Harrison Mario Polanco Cano Helen White Steven Haines Brent and Coleen Monk Sarah Amaral Georgia Zois Angie Scott DJC /CP /TW /jp /df I-41WA Tom Seton Andrew Tedford Joan Loudfoot Marmatakis Marinos Douglas and Denise Wilkins Mary and Samuel Guest Russell Maxwell Ronald Moore Laura Norton- Stephens Jean -Marc and Junivan Theriault Liz White Wolf Klose John Palmer Tim Tuft Mike Newey Michael Clay Ari Rotman Sarkis and Micheline Amidi Cathy Ivany Superdog Central Inc. Kathy Blundell Catherine Bolahood Charity Agadzi Attachment 1 to Municipality of Clarington Report PSD-037-15 Proposed Zoning By-law_ Amendments j Item Zone Provision j Issue Proposed Solution Pro Dosed Modification (in bold) & Proposed Deletion (str�h°-* ) j 1. Amend definition of i The Development Charge By-law Revise the definition for APARTMENT BUILDING i APARTMENT states that an apartment contains consistency with the Shall mean a separate building containing three 4 or more dwellings which have a common entrance j 4 or more dwelling units. ( Development Charge By-law. from street level and the occupants of which have equal rights to the use of all common halls, and/er stairs, and/ sid elevators, and/er yards, and amenity areas. This definition may inol� e a denier oitozens I The definition refers to a senior �apaFtrnent citizens apartment building. We Delete the reference to a senior j cannot regulate who lives in a citizens apartment building. building. 2. Amend definition of ! The definition states that it is a I Replace the word dwelling with BOARDING OR ROOMING HOUSE BOARDING OR dwelling, where a BOARDING OR j the word building. Reference Shall mean a dwelling building in which more than 2 and less than 6 rooms intended for use as ROOMING HOUSE 1 ROOMING house typically ! rooms rather than persons. separate living accommodations, without kitchen facilities, are rented. Shared bathroom, kitchen contains more than one self- and living facilities may be provided. The building may include a dwelling unit for the proprietor ! contained unit. Rather than and/or his agent resides and supplies ledging, with er witheut meals, ' restricting the number of residents, , the definition should restrict the than six persons, evoh si„e of the nronrieter and his immorJi ate family. Fer the purpe6es ef this By law, a i number of rooms. , hospital or any etherr similar oommerGial or inc.tit��tion.�l use defined or olassifieid heroin � -rc�rtirri- Section 14.1 a. v) refers to a Replace the term "Boarding Section 14.1 a. "Boarding House” rather than a House" with the term "Boarding or v) A Boarding house boarding or rooming house; and ! "Boarding or Rooming House". Rooming House". The Parking Space Requirement Replace the term "Boarding and Parking Space Requirement Table Table refers to a "Boarding and Lodging House" with the term Residential Lodging House" rather than "Boarding or Rooming House". (ii) Boarding or Lodging House One parking space for each dwelling unit plus one space per guest "Boarding or Rooming House". A room provided for separate living accommodation. resident of a Boarding or Rooming House should not be referred to as a guest. 3. Add definition for a There are 2 similar definitions Remove the definitions from the CLUB HOUSE FACILITY CLUB HOUSE within exception zones. j exception zones and provide a Shall mean a facility accessory to a golf course, golf driving range, or an indoor golf driving range, or a FACILITY common definition within Section !; private club which may include uses such as a gol-pro-shop, eating establishment and a Other uses also have club houses 2 j lounge/recreation area. (e.g. golf course, gun club) Add private club. j Delete the definition of CLUB HOUSE FACILITY from Section 6.4.25 a. and 6.4.83 a. iii) 4. Add a definition of a ! There is a common definition of a Add the CONVENTION CENTRE CONVENTION CENTRE CONVENTION CONVENTION CENTRE in definition to section 2; remove the Shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops, and other CENTRE Section 23A.1 and 23E.1. This definition of a CONVENTION similar activities to serve participants but does not include sleeping accommodations. definition needs to be relocated to CENTRE from sections 23A.1 Delete the definition of CONVENTION CENTRE from Section 23A.1 and 23E.1 Section 2. Properties zoned C5 and 23E.1; and add the use of a (Holiday Inn) and C5-14 (Rona convention centre to section 18.1 Add the following sections site on Baseline) have been b. and section 20.4.14c. 19.1 b. xix) A convention centre. contemplated to permit a 20.4.14 c. xxx) A convention centre. Convention Centre. This use had been interpreted as an assembly hall. Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (c*N.Ln_��.,n..N�) 5. Add definitions for These definitions will enable Add a definitions to Section 2 CONDOMINIUM CONDOMINIUM, Section 3.9 to be revised to Shall mean a building or grouping of buildings in which units are held in private ownership and floor space, COMMON include a provision allowing for facilities and/or outdoor areas used in common are owned, administered and maintained by a corporation ELEMENT dwellings to have frontage on a created pursuant to the provisions of the appropriate statute. CONDOMINIUM, common element roadway which CONDOMINIUM, COMMON ELEMENT j and COMMON has access to a public roadway ELEMENT Shall mean spaces and features owned in common by all shareholders in a condominium and may include ROADWAY I common element roadways, walkways, sidewalks, parking and amenity areas. � i CONDOMINIUM, COMMON ELEMENT ROADWAY Shall mean a right-of way for vehicular access that is privately maintained by a corporation created pursuant to the provisions the appropriate statute. 6. Add definition of a The definition of a ' Relocate the definition from CREMATORIUM i CREMATORIUM j CREMATORIUM should be Section 6.4.64 Shall mean a building or structure fitted with appliances for the purpose of cremating human remains located within Section 2 j under the Funeral, Burial and Cremation Services Act, as amended. Ancillary uses may include a chapel or other operational functions related to a cemetery. The reference to the Cemeteries Reference the Funeral, Burial and i Delete the definition of CREMATORIUM from Section 6.4.64 a. i) Act needs to be removed as it was j Cremation Services Act, the repealed in 2012 and consolidated definition will be consistent with with the Funeral, Burial and the one provided in the act. Cremation Services Act. 7. Add definition of a The definition of a Drive-Through The definition used in the M01, Drive-Through Facility Drive-Through Facility should be located within M02 and MP1 zones is the Shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or Facility Section 2. j clearest definition. services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. There are multiple definitions within! The definitions in the C1-3, Cl- exception zones. 12,C1-25, C1-30, C1-33, C1-34, Delete the definition of Drive-Through Facility from Sections 23A.1, 23B.1 and 23E.1 c C1-40, C1-49,C1-54, C1-32, C2-9 ! I C1-56, C5-14, C6-12, C-8, C-9 will j remain and examined through the Comprehensive review. 8. Amend definitions of j Need to distinguish difference Any wording to the definitions to i DWELLING j "DWELLING", between apartment-in-house and j clarify these dwelling types were Shall mean two (2) or more habitable rooms, designed or intended for use by one household family, in "DWELLING, a duplex or semi-detached ( constructed. Unlike the apartment which sanitary facilities and one kitchen are provided for the exclusive use of the household family, in DUPLEX" dwelling. We want to track in house definition which which a heating system is provided, and, which has a private entrance from outside the building or from a and "DWELLING, apartments-in-houses to ensure references a conversion. common hallway or stairway inside the building. For the purposes of this By-law a dwelling does not SEMI-DETACHED" the fire and building safety of ( include a tent, trailer, mobile home, or a room or group of rooms in a boarding or rooming house, a hotel, -to exclude an !-existing apartments-in-houses. ;- motel, motor hotel or camping establishment. For the purpose of this definition, dwelling shall also mean- j Apartment-in-house. ! dwelling unit Section 35 of the Planning Act prevents municipalities from distinguishing between people j who are related and people who I are unrelated � Proposed Zoning By-law Amendments Item j Zone Provision Issue ' Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_fhr•e ivh� Delete reference to the word DWELLING DUPLEX family Shall mean the whole of a building #1iat constructed with is,l+vided vertically or horizontally dividing walls creating Irate two separate dwellings, each of which has an independent entrance either directly from the outside or through a common vestibule. ! DWELLING, SEMI-DETACHED Shall mean a building constructed to be separated vertically into two separate dwelling units, connected by a common wall above ground erand connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building and each of which is located on a i separate lot. j For the purpose of interpretation, this definition shall not be Applicable to a dwelling unit to be erected next I to or add onto an existing single family detached dwelling within the R1 zone. � 9. Add a definition for There is a definition of a semi- 1 DWELLING, LINKED Add a definition for DWELLING, DWELLING, detached dwelling in Section Shall mean a building constructed to be separated vertically into two separate dwelling units, connected g ; LINKED to Section 2 and modify LINKED 12.4.31 which is describing a link section 12.4.31 to rename the underground by footing and foundation and does not share a common wall above ground each of dwelling. This definition is to be which has an independent entrance directly from the outside of the building and each of which is located relocated to Section 2 and on use to linked dwelling on a separate lot. renamed DWELLING, LINKED. and remove the definition from the section. 12.4.31 URBAN RESIDENTIAL EXCEPTION (R1-31) ZONE her! Notwithstanding Section 12.1, only a semi etan linked dwelling may be permitted on those lands zoned R1-31 on the Schedules to this By-law. The placement of buildings and structures shall be subject to the zone regulations as set out in Section 12.2. , I dwelling shall mean a building separated VeFtiGally inte twe sepaFal dRitS, GeRR8Gted undergFeuRd by feetiRg and r m n independent entrance directly fre the outside of the building and eaGh Of WhiGh is IOGated on a separate I 10. Add a definition for Section 3.16 Parking Space i There are two definitions of DWELLING, STACKED TOWNHOUSE DWELLING, ! Requirement Table is proposed to ! stacked townhouses within Shall mean one of a group of three or more attached dwelling units which are separated vertically and/or STACKED be revised to add a requirement multiple exception zones. It is horizontally, provided that each dwelling unit has an independent entrance. TOWNHOUSE for visitors parking for multiple unit j proposed to utilize the most j Delete the definition of "Dwelling, Stacked Townhouse" from sections 14.6.25 a., 14.6.26 a. i), 14.6.31 a. I I I residential developments. The common definition for Section 2 i), 14.6.35 a., 14.6.41 a., 14.6.42 a. table will need to reference a and then delete it from the definition. Currently there are exception zones. The statement definitions of stacked townhouses that stacked townhouses "front on within exception zones either a public or private street" is j proposed to be removed as it could reduce flexibility for design. I There are examples of stacked townhouses that front onto parkland, open space and parking areas designed in i ! combination with other built forms (e.g. Apartments) i � Proposed Zoning By-law Amendments Item Zone Provision Issue ; Proposed Solution Proposed Modification (in bold) & Proposed Deletion (stFike-tIroug#) 11. Amend the Simplify the definitions Utilize the definition of`restaurant' EATING ESTABLISHMENT definition of from Zoning By-law 2005-109. Shall mean a building er part of a- building where food ellered for sale er seld to the publiG fbIr ....... EATING The term 'eating establishment' , ESTABLISHMENT. should be updated to 'restaurant' when the Zoning By-law is Amend the reviewed comprehensively. The Shall mean an establishment where prepared food and beverages are offered for sale to customers. definition of current term is cross referenced EATING ESTABLISHMENT, TAKE-OUT EATING in multiple sections and other ESTABLISHMENT, municipal by-laws (e.g. Shall mean a building or part of a building an eating establishment where tables and/or counters for the TAKE-OUT to Refreshment vehicle By-law) use of customers are not provided. reference EATING ESTABLISHMENT 12.1 Definition of There is a common definition of an Relocate the common definition ENERGY INDUSTRY ENERGY ENERGY INDUSTRY in the M02, of an ENERGY INDUSTRY from I Shall mean an establishment that have focuses on the development, commercialization and/or ; INDUSTRY ML1 and ML2 zones. Sections 23B.1, 23C.1 and 23D.1 demonstration of energy products and services. and delete the definition from This may include assembly, manufacturing, fabricating or processing activities that are not offensive sr-trot The phrase "or not likely to be i each section. Simplify the likely te be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced j offensive would be difficult to �,,,,,,,,�oc regulate. wording of the definition. thn�, s A recycling facility, material sorting or dismantling, a waste management or processing facility, or a waste incineration facility are excluded. Delete the definition of ENERGY INDUSTRY from Sections 2313.1, 23C.1 and 23D.1 j 13.' Add a figure for For clarity a figure will help depict Add a figure based on what is FIGURE 1 ESTABLISHED the definition. DETERMINING ESTABLISHED BUILDING LINE provided in the Oak Ridges BUILIDING LINE, Moraine Zoning By-law 2005-109 RESIDENTIAL, STREET/PRIVATE ROAD COMMERCIAL j AND INDUSTRIAL AVERAGE SETBACK ZONES j -- -- REQUIRED J I a -- -- ---- RD W SETBACK T A ---- �, W W ESTABLISHED /EXISTING W Q+ BUILDINGS I , I i I � l 14.1 Add definition of an This is a term referred to in Add definition to Section 2. ESTABLISHMENT ESTABLISHMENT multiple locations within the by- Utilize the definition from Zoning A building, structure and/or area of land within or on which any activity referred to in this By-law is law. By-law 2005-109. conducted. Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_throug ) i 15.1 Definition of Section 35 of the Planning Act The definition of family is FAMIL FAMILY prevents municipalities from proposed to be deleted. Shall mean ene eF meFe- persons Felated by blood, marFiage or legal adeptien, er not more than ten distinguishing between people The following terms are to peFsan6 who need not be related by blead, marriage oF legal adeptien, living tegether as a single who are related and people who g , "famil V. . 1. in not mere thaR two peFseps living are unrelated replaced as follows: tegetheF as a single housekeeping unit. FeF the purpose of this by law, the definition of family shall net. • "Single family dwelling" to "single detached dwelling" • "Single family detached Replace the word "family" with "detached" in sections 5.2.4, 6.4.15, 6.4.27, 6.4.35, 12.4.27, 12.4.37, dwelling" to "single detached 13.4.17 dwelling" Sections 6.1 a. iii), 6.4.1 a iii), and 12.4.26 are hereby amended by deleting the word "family" and Replace the word "family" with replacing it with the word "household". "household" 16. Definition of There is a definition of FITNESS Delete the FITNESS CENTRE FITNESS CENTRE j FITNESS CENTRE CENTRE in the*MO1 Zone and in definition from the M01 zone. Shall mean an establishment that provides equipment and building in whiGh facilities for recreational or Section 2 Modify the Section 2. athletic activities, including but net limited te bedy building a nd exercise classes, and °"O" I Delete the definition of FITNESS CENTRE from Section 23A.1 j 17. MARKET of FLEA There is a definition of a FLEA Relocate the definition of FLEA Section 2 MARKET in the A-65 zone. A flea MARKET FROM A-65 to Section FLEA MARKET market is listed as a permitted use 2. I Shall mean an establishment for occasional or periodic sales activity where floor space is rented or in the C4-11 and C4-13 zones but licenced to ten or more enFelated-individual sellers offering goods, new and used, and where the space is undefined. i I allocated to each individual seller is not physically separated by walls which extend from the floor to ceiling from the space allocated to other individual sellers. jDelete the definition contained in Section 6.4.65 b. as follows: j Only those structures which existed on January 29, 1996 are permitted. No new structure or any I expansion to a structure is permitted. For the purposes of this subseGtien, a flea market shall mean an establishment fer GGGasienal or periediG sales re fieeF E;paG-e is rented OF "GeRGed to ten or mere unrelated individual sellers effering geeds, new and used, and where the spaGe alleGated to eaGh individual seller is net physiGally separate I _by 18.! GARDEN SUITE The R1-65 zone contains a Delete the definition from the R1- Revise Section 12.4.65 as follows: definition of GARDEN SUITE that 65 Zone , those 11-ands zoned R1-65 on the Schedules to this By-law may, in addition is the same as the one in Section to the other uses permitted in the R1 Zone, be used for a Garden Suite in accordance with the following j 2. de€ia'fien zone regulations: j i The parking requirement table Add Garden Suite to the parking a.-Befi itier does not have a category for GL�°n Suite. ° self ^°ntained t°mn°rapi dwelling unit de g ry : requirement table. , , Garden Suites so 2 parking spaces would be required for this detached .Dwelling I use. It would be appropriate to ba. The Garden Suite shall be removed on or before January 30, 2016. apply the same parking Parking Space Requirement Table requirement that is applied to an Residential apartment in house. (v) a) Apartment-in-house or Garden Suite One parking space _ Proposed Zoning By-law Amendments Item Zone Provision Issue ; Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through 19. Definition of GOLF There are 4 similar definitions of a Provide a common definitions in GOLF DRIVING RANGE DRIVING RANGE Golf Driving Range within 10 Section 2 and remove the Shall mean an outdoor facility operated for the purpose of developing golfing techniques, including And GOLF exception zones, 8 of which have definition from the 2 current miniature golf, but excludes golf courses. DRIVING RANGE, expired. exception zones. INDOOR GOLF DRIVING RANGE, INDOOR Shall mean an enclosed facility operated for the purpose of developing golfing techniques but excludes golf courses. i Revise section 6.4.58 as follows: Regulations - Buildings i) Front Yard (minimum) 35 metres I 1 but eXG'ud'ng I golfing golf v es. i I � golf, I Revise section 6.4.83 as follows: j a-De#initien Golf Driving Range- Shall mean an outdoor faGility operated feF the purpose of developing gelfing Indoor Goff DF'v'ng Range. Shall mean an enGlosed faGility opeFated for the purpose of developi... 20.j Definition of Section 35 of the Planning Act In recognition of the noted GROUPHOME- GROUPHOME i prevents municipalities from contraventions, Group Homes &hall meaR a single heu6ekeeping unit in a dwelling whiGh three to ten residents, exr-1,1ding Staff and/or distinguishing between people have been interpreted as a Single j , live as a family undeF respGnGible SUr­ ­­., --ansestent with the requirements of the who are related and people who ! Detached Dwelling which makes I FesideRtS. Group Hornes shall be "Gensed and/eF approved under pre-vinGial statUteG and shall Rot be are unrelated with respect to the this definition redundant. The permitted to IeGate within 300 metres of another group herne. FurtheRnWe, only one group heme housing j ! occupancy or use of a building. definition should be deleted. j Zoning By-law 84-63 currently elerneRtary or junior hi-I defines a Group Home which does Group home is permitted as a distinguish between related and use in the A-16, RH-2 and R1-6 Delete section 6.4.16, 9.3.2 and 12.4.6 for Group Homes unrelated residents. This zones. These exception zones j definition also applies a 300 metre are to be deleted and the maps Amend Schedule 3 for 138 Queen Street, 23 Lovers Lane and 89 Church Street from 'R1-6' to 'R1'; and separation distance between updated. for 2005 Green Road from 'A-16' to 'A' group homes which is discriminatory under the Ontario Human Rights Code. The '; I Amend Schedule 6 for 1652 Taunton Road from 'RH-2' to 'RH' , separation distance could restrict the ability of group home residents to live in the neighbourhood of I their choice. i i , I i Proposed Zoning By-law Amendments Item Zone Provision Issue j Proposed Solution i Proposed Modification (in bold) & Proposed Deletion (strike-thre-gh 21. Add a figure for For clarity a figure will help depict FIGURE 2 HEIGHT OF the definition. Add a figure based on what is DETERMINING HEIGHT OF A BUILDING OR STRUCTURE BUILDING provided in the Oak Ridges -------- i Moraine Zoning By-law 2005-109 FRONT j SIDE FLAT ROOF GRADE R7 RIDGE 1/2 i E• EAVE HIP ROOF OR -- -1 i tpWOy R FRONT GRADE SIDE GABLE ROOF j I jI RIDGE j ROOF DECK LINE j " EAVE ' MANSARD ROOF OR FRONT SIDE GAMBREL ROOF GRADE I ( I j RIDGE i I - i 1/2 � j--------- EAVE � SALT BOX ROOF I FRONT SIDE GRADE i I 22.; HOME The number of children cared for The issues will be resolved by ; Adult Home Care OCCUPATION has been questioned in the past. I implementing a similar format to Shall mean a home occupation that provides temporary care and companionship to senior citizens j The Day Nurseries Act does not what is provided for in Zoning By- and/or adults with disabilities on a regular basis for a continuous period not exceeding 24 include children residing in a home law 2005-109. The definitions of consecutive hours; to be included in the number of ; "Adult Home Care", "Caterer" children cared for. 1 "Children's Home Care", "Home Caterer Craft", "Home Occupation", "Light ; An establishment in which meals are prepared and delivered for consumption off the premises. Teaching of art or craft has been Equipment" and "Light Equipment The term caterer does not include an eating establishment. j interpreted as individual instruction Service", will be added to Section and includes recreational 2. Children's Home Care activities. The purpose of limiting Shall mean a home occupation that provides temporary care and education of children on a instruction to individuals is to I regular basis and for continuous periods not exceeding 24 consecutive hours; prevent parking issues. Home Craft Esthetician services have been Shall mean the crafting of small items composed of fabric, wood or earthen materials that are interpreted as similar to made by hand or with the use of small tools, such as pottery, clothing,_birdhouses_and mailboxes. hairdressing and should be clarified in the definition. Home Occupation Shall mean an occupation or business that is carried on in accordance with all provisions of this Catering has been interpreted as i By-law, within a dwelling as accessory to a permitted residential use. permitted I i Proposed Zoning By-law Amendments Item Zone Provision j Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (str° hrough) Light Equipment Hand tools, small power tools, portable equipment, and machinery containing a small engine, such as air compressors, augers, automotive tools, cleaning equipment, light compaction equipment, concrete and masonry equipment, floor and carpet tools, gasoline generators, chain saws, jacks and hydraulic equipment, lawn and garden tools, ladders, moving equipment, painting and decorating equipment, pumps, scaffolding, welding equipment, sporting equipment, party I supplies, and other similar tools and accessories. I i Light Equipment Service An establishment where light equipment is serviced or repaired. HOME GGGUIDATION Sball mean an GGGUpat'()R whiGh 'E; GaFried on, in aGGE)rdanGO, with the , if the by law, as an essory use. Involvernen. il in -A hA-M8 GGGUpatieR i6 limited to the members of the family residing in the For the purpe6eE; of this by I produGtien, Fepair and retail sale of antiques, aft, Graft, e I' home GGGUpatieR shall be limited to; pFef8ssional of administrative bby ite ms• the teanh , I iRg of art nr Graft related j i I 61(111s;the repair of small household applianGes;babysitting or day nursery provided that no mere than a total of five Ghi!dFen, sox years of age er younger, are aGGGMrnedated at eRe time; and a baFber shop-,-of hairdFessing establishment. A barbeF shop, er hairdressiRg establishment shall GRIy be Gonsidered upation where it Garried on by members of the family residing in the dwelling and wheFe Re additional I i j I I rersnr is ervrinverl 3.12 HOME OCCUPATION a. Permitted Uses j ! i) adult home care; ii) business, professional or administrative office; iii) caterer; iv) children's home care; v) home craft business; vi) instructional service for a maximum of three students at one time; � I vii) light service shop; and viii) personal service; j b. Excluded Uses furniture stripping refinishing; I light equipment service; ' I j iii) motor vehicle body shop; i Proposed Zoning By-law Amendments Item Zone Provision Issue i Proposed Solution Proposed Modification (in bold) & Proposed Deletion (s#-r+ke-fhrough) iv) motor vehicle repair garage; and v) retail sales, with the exception of home craft products. c. Regulations The following regulations apply to dwelling units wherein a home occupation is permitted: j i) There shall be no display, other than a sign erected in conformity with the By-laws of the Municipality, to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other than residential. ii) Such home occupation shall be clearly secondary to the main residential use and shall not change the residential character of the dwelling unit nor create or become a public nuisance due to the levels traffic, parking, noise glare, dust, odours, or vibration and hours of operation. jiii) Such home occupation shall not interfere with communication signals. j ef others in adjaGent buildings OF GtFUGtUFe6. j iv) Not more than twenty-five (25) percent of the total floor area of the dwelling unit shall be used for the purposes of the home occupation use except in the case of a Bed and Breakfast or Vacation Farm ! Establishment" and such home occupation shall be conducted within the principal residence. v) Parking shall be provided in accordance with Section 3.16. j vi) There shall be no outside storage of goods or materials associated with a home occupational use. vii) An adult home care may accommodate a maximum of five adults that do not reside in the j dwelling at one time. The rear yard of the dwelling may be used as accessory to the adult home care establishment. ix) A children's home care may accommodate a maximum of five children, not including the owner s children. The rear yard of the dwelling may be used as accessory to the children s home I i j care. 23. Delete the The Zoning By-law needs to be ( Review the definition of Kennel in KENNEL, CO 0"MEOCTAL definitions of consistent with the Kennel By-law 2013-025 and identify Shall aR a building OF StFUGtUFe __,hero meFe than three d gs aFe kept, bred, bearded or trained for prefit KENNEL, Licensing By-law 2013-025. This zone categories that permit erair+ COMMERCIAL and by-law no longer distinguishes i commercial and private kennel KENNEL, PRIVATE KENNEL PRIVATE between a commercial or private and delete the use. Replace �hall mean a building or StFUGtUF8 where more thaR three degs are kept bred er trained for the personal, and create a kennel. The responsible pet commercial kennel with kennel. FeGFeatienal use of the Owner ef the lands upon whiGh SUGh kennel is laGated-. definition of owners by-law restricts the KENNEL KENNEL. Replace number of pets residents are Shall mean a building or structure within which four or more dogs, cats or other domestic animals the permitted use of permitted to keep, therefore, the are being kept or boarded for profit and includes any associated lands. Commercial and definition of a private kennel is Private Kennel in redundant. ; Replace Commercial kennels with Kennel in the following sections ! the relevant zone ! 6.1 b. v), 6.4.14, 6.4.14 a), categories with the ! Delete Private Kennel in the following sections defined term of j 6.1 b. A) j j j Kennel. 6.4.1 b. v) Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (str:4e_through) j 24. Amend the The current definition states that Delete the statement that LANDSCAPED OPEN SPACE definition of landscaped open spaces must be indicates this area must be Shall mean the open unobstructed space from ground to sky at finished grade on a lot aGGessible by LANDSCAPED accessible by walking from the accessible from the street. walking fpm the street on `"-hinh he lo± is 9Gate which is used exclusively for landscaping, and includes OPEN SPACE street. This does not take into any surfaced walk, patio, deck or similar area no more than 200 mm above finished grade, but does not account landscaping that is not include any driveway or ramp, whether surfaced or not, any curb, retaining wall, parking area or any open j accessible from the street. space beneath or within any building or structure. 25. Definition of a There are 12 exception zones that Delete the definition from the Delete section 6.4.64 a. 1),, 15.4.21 a.i), 15.4.22 a. i), 16.5.11 a. i), 16.5.15 a.x), 16.5.20 a. i), 16.5.21 a. i), LANDSCAPING contain a definition of a exception zones. 16.5.22 a. i), 16.5.26 a. i), 16.5.27 a. i), 16.5.39 a. iii), 20.4.13 a. i) STRIP LANDSCAPING STRIP that is the same as the definition contained in Section 2 I ' � I 26.! Amend the This definition could be updated to Delete the reference to `coin LAUNDRY, COIN OPERATED definition of delete the term `coin-operated' as operated' and include a full LAUNDRY, COIN- 1 the machines may accept bills and service laundry. Shall mean a commercial establishment building er StFUGt fe where the service of se+n-eyerat laundry OPERATED cards. It could also permit a full cleaning meshes, using only water, detergents and additives, are is made available to the public for the service laundry. purpese (4 laundFy Gleaning. i i I Delete the words "coin-operated" from the following Sections 14.6.24 L i) c), 15.4.19 b. viii), 16.1 b: j ix), 16.5.17 a. viii), 16.5.35 b. x111), 16.5.46 c. iv), 16.5.56 c. ix), 17.1 b. v), 17.5.2 a. iv), 22.4.8 b. iv), and 22.13.2 b. x) i I 27.11 Add definition of There is a definition of a LONG Relocate the definition of LONG I LONG TERM CARE FACILITY LONG TERM CARE TERM CARE FACILITY that is TERM CARE FACILITY to 1 Shall mean a facility regulated through the Ministry of Health and Long Term Care, or any successor, that FACILITY and within the R4-34 zone which is Section 2 and delete the provides accommodation for people requiring a broad range of 24 hour health care, personal care and j delete the definition also referenced in the R4-35 zone. reference to the definition in the support care within a supervised and secured setting and where common facilities for the preparation and of Nursing Home This definition is more current than R4-34 and R4-35 zones. Delete consumption of food are provided and common lounges, recreation rooms, medical care facilities and the definition of Nursing Home. the definition of Nursing Home. personal services, may also be provided. NURSING HOME I I i"Gensea under The Nursing Hernes Ant, as a.meRded . Delete the definition contained in Section 15.4.35 a. i) and 15.4.36 a. i) which references the definitions in i 15.4.35 (definitions to be relocated for Retirement Home and Underground Parking Structure) I I l I i ; I i 1 I j I i I I Proposed Zoning By-law Amen_dments ! Item Zone Provision_ Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strilk„-threuo 28. Add a figure for For clarity a figure will help depict Add a figure based on what is FIGURE 3 LOT, CORNER the definition. provided in the Oak Ridges DETERMINING A CORNER LOT Moraine Zoning By-law 2005-109 STREET/PRIVATE ROAD STREET LINE �N�s BUILDING 29.1 Amend the LOT The definition of LOT COVERAGE Modify the definition of LOT LOT COVERAGE COVERAGE has to be read together with the COVERAGE to include Shall mean that percentage of the lot area at finished grade covered by all buildings or structures. definition ! definition of BUILDING which does I structures. above , not consider platforms, such as portion An decks, as lot coverage. i outdoor swimming pool, and a patio or deck no more than 200 mm above finished grade shall not be Exclude patios and decks under considered as a structure for the purpose of calculating lot coverage. Where a lot is divided into Decks and patios that are less 200 mm (8 inches) above grade. more than one zone, the lot coverage in each zone shall be calculated as it applies only to that than 200 mm (8 inches) above ' portion of the lot that is located within the specific zone, and for the urpese of this paragraph, the lot grade have been interpreted as a landscape feature. w;t,,;„ said Z„„o 30. Amend the LOT Traditionally, front yard setbacks As an attached garage typically LOT FRONTAGE FRONTAGE for dwellings were 6 m which I requires a 6 m setback it is &h it „,e r, the herizental distaRGe between the side gat lines, measuFed parallel to and 6.0 metreS baGK definition. Add a made determining lot frontage on proposed that this consistent m along the fFent lot line. Where the front lot net a straight IiRe or where the side lot liRes are definition for LOT cul-de-sacs and lots with curved setback be applied across all parallel, the let frontage i6 to be measured by a line parallel te the G-herd of the lot frontage drawn threugh CENTRELINE street easy to determine. zones for the frontage calculation.. a point theFein distaRt from the ftent let line equal to I I depth ef the ftont yaFd. Per the purpGses Since Front yard setbacks range of this By law the Gherd of the lot fFentage is a straight ie two points where the side lot line from 3 m to 6 m, it has been more A definition of centreline is iRterGeots e th°7T fren '^c-et "ne. confusing to determine the lot proposed which is referenced in I frontages throughout different the simplified lot frontage NetwithstandiRg the definition ef "I ot Line, F a GGFner lot­111 be deemed te GE)Mply With the let. zones in the Municipality. Typically definition. frontage requiFements of this by law provided that ene of the two let lines abutting an im :F the garage requires a minimum 6 m I setback. As there is often a different minimum setback, or front Shall mean the horizontal distance between the side lot lines of a lot, or the projection of the side j yard depth between the house and lot lines, measured along a straight line drawn perpendicular to the lot centreline at 6 metres from the garage this has caused the front lot line. confusion determining where the a measurement is to be i � frontage taken from. Prop-osed Zoninc[By-lm Amendments Item Zone Provision Issue Proposed Solution Proposed Modification in bold) & Proposed Deletion -through) LOT CENTRELINE To simplify the definition and make Shall mean a straight line joining the midpoint of the front lot line and the midpoint of a line drawn it the calculation easier to parallel to the rear lot line setback 10 metres from the rear lot line along the side lot lines. determine, it is proposed to measure the frontage based on a FIGURE 4 centreline which is located at the midpoint of the front lot line and the rear lot line. 10 Metres 10 Metres IU Lot i Frontage 31. Definition PARKING There are 3 similar definitions of Relocate the definition to Section PARKING STRUCTURE STRUCTURE an UNDERGROUND PARKING 2 and rename it Parking Structure Shall mean a part of a building which is provided and maintained for the purpose of parking vehicles, STRUCTURE in the R4-29, R4-30 so it can also be used for Parking whiGh is generally leGated below finished grade and shall include parking spaces, parking aisles and and R4-35 zones Decks. access ramps, common areas for stairs and elevators, storage areas for tenants, and mechanical rooms. Delete the definition in section 15.4.29 a.i), 15.4.30 a.i), 15.4.35 a. iii) Delete 15.4.36 a. i) which references the definitions in 15.4.35 (definitions to be relocated for Long Term Care Facility and Retirement Home) 32. Definition There is a common definition for Relocate the definition from the RESEARCH AND DEVELOPMENT FACILITY RESEARCH AND RESEARCH AND exception zones to Section 2. Shall mean an establishment used for the purpose of conducting pure and applied research and DEVELOPMENT DEVELOPMENT FACILITY in the experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display FACILITY M01, M02, ML1, MI-2 and MP1 rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research zoned and development facility. Delete the definition from 23A.1, 2313.1, 23C.1, 23D.1, 23E.1 Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strife thre #) 33. Definition There are 4 definitions of a Provide a common definition of RETIREMENT HOME RETIREMENT RETIREMENT HOME within 5 RETIREMENT HOME in Section Shall mean a residential facility, licensed by the Retirement Home Regulatory Authority, that provides HOME exception zones (R3-26, R4-23, 2 and delete the definition in the accommodation in suites primarily for retired persons or couples. Such suites shall not have a stove or R4-32 and R4-35) exception zones and a reference range and have separate entrances from a common hall. Common facilities for the preparation and to the definition in the R4-35 consumption of food are provided. Common lounges, recreation rooms, medical care facilities and zone. ancillary uses such as a beauty salon, barber shop or tuck shop may also be provided. Delete the definition contained in section 14.6.26 a. ii),15.4.23 a. i), 15.4.32 a., 15.4.35a. ii) Delete 15.4.36 a. i) which references the definitions in 15.4.35 (definitions to be relocated for Long Term Care Facility and Underground Parking Structure) 34. Definition SITE The proposed Section 3.28 Provide a definition based on SITE ALTERATION ALTERATION references Site Alteration. what is provided in the Oak Means activities such as filling, grading and excavation that would change the landform and natural Ridges Moraine Zoning By-law vegetative characteristics of land, but does not include, 2005-109 a. the construction of facilities for transportation, infrastructure and utilities uses, by a public body, or j b. for greater certainty, i. the reconstruction, repair or maintenance of a drain approved under the Drainage Act. i ii. the carrying out of agricultural practices. 35.j Add a figure for ! For clarity a figure will help depict Add a figure based on what is FIGURE 5 TYPES OF YARDS, the definitions of front, side, rear, provided in the Oak Ridges TYPES OF YARDS following the exterior and interior side yard. j Moraine Zoning By-law 2005-109 definition of YARD (INTERIOR) SIDE I - - - - ---------- I j j STREET /PRIVATE ROAD I EXTERIOR SIDE LOT LINE 1 EXTERIOR i SIDE YARD W O REAR FRONT i BUILDING Q YARD i i YARD i INTERIOR SIDE YARD w j 1 INTERIOR SIDE LOT LINE I I i I I I i I Proposed Zonin—By-law Amendments Item Zone Provision Issue Proposed Proposed op ed Modification (in bold) & Proposed Deletion_(strAke-thre - _ 36. Add a figure for For clarity a figure will help depict Add a figure based on what is FIGURE 7 VISIBILITY the definition. provided in the Oak Ridges TRIANGLE Moraine Zoning By-law 2005-109 DETERMINING VISIBILITY TRIANGLES STREET/PRIVATE ROAD .......................­i­..................................I................................................................. ....... ............................. ........ ................. ......... ... ............................... ........... .. ... .... .. ............ ........ ........... ................... .. ............... ..... ....... .................................. STREET LINE (EXTERIOR SIDE LOT LINE) Ln VISIBILITY TRIANGLE ON A CORNER LOT Ir. VISIBILITY TRIANGLE ADJACENT A DRIVEWAY 3m DRIVEWAY 0 1-4 PROPERTY LINE 3M 37. Revise the Lot Is a 6.0 m exterior side yard Modify the exterior side yard Sections 3.1 c., d., e. and g. will be deleted in their entirety and replaced with a chart (see Attachment 2) Coverage, Floor setback necessary for a detached setback to require a 6.0 m Area Height and garage when it does not provide setback when there is a garage yard requirements driveway access from that yard? door facing the exterior side yard. for accessory This will provide adequate space buildings and The fence enclosure by-law for a driveway in front of garage structures and requires a 1.2 metre setback for doors. uses. swimming pools in all yards Add a 1.2 m setback for This regulation is difficult to read. swimming pools in all yards for consistency with the fence enclosure by-law Simplify the format of this section to be consistent with Zoning By- -law 2005-109.___________ Proposed Zoning By-law Amend_ments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_through) 38. Revise Yard The provision does not state that Clarify that the projections apply 3.1 j. iv) Balconies, canopies, unenclosed porches, steps, patios, ramps, or decks attached or directly Requirements for these projections apply to to abutting structures. abutting the principle or main building; either above or below grade; may project into any required Accessory structures that are attached to or front, side, or rear yard to a distance of not more than 1.5 metres, but in no instance shall a required side Buildings, accessible from the dwelling (a yard be reduced to below 4-4 0.9 metres; Structures and deck may not be attached to the Uses Section house but may still be a walk out). 3.1.j.iv) regarding When structures are detached or permitted not accessible from the dwelling projections: they are treated as accessory structures and the setback provisions of section 3.1.g are applied. The provision does not state if this Issue 2: Clarify that the applies to stairs above and below I projections apply to both above grade. There have been different and below grade structures. j interpretation son if the projection j j allows stairs providing access to a j basement, usually containing a I retaining wall or an extended foundation. j The provision does not indicate j Add ramps as a permitted accessible ramps as a permitted projection. projection. It has been interpreted j 1 that ramps are treated as decks. j A 1.2 metre side yard setback is j Reduce the setback to 0.9 metres not sufficient to provide a step to a ` to accommodate a projection for door within a side yard. one step (riser). 39. Section 3.4 This section permits dwelling units Due to the discrepancies with the SeGtOGR 3.4 DWELLING INN I NITS BELOW GRADE Dwelling Units below grade provided there is a Ontario Building Code, it is Notwithstanding any provisions of this By law to the GOntrary, dwelling units designed in suGh a fashien as j Below Grade minimum window area located recommended to delete 3.4. to have a their total fleor area IeGated partially below finished grade, shall be pei:rnitted subjeGt above the finished grade equal to to the felle 10 percent of the total floor area of I � I the dwelling. This section further the total flepr :;;�__A Of the dwelliRg.j and specifies that living rooms, dining reenis shall have a M9 low area lGGated abeve finished grade equal te, rooms, kitchens and bedrooms . j must have 10 percent of the reem, j window area above finished +�) DiRiRg grade. The Ontario Building Code iii) KitGhen, and regulates the amount of light +v\ Rem: which must be available for living rooms, dining rooms and bedrooms. This requirement varies dependant on the age of the dwelling. j Proposed Zoning By-law_ Amendments Item Zone Provision Issue Proposed Solution Proposed Modification in bold) & Proposed Deletion (stFk *�-ugn) 40. Section 3.9 This section only permits existing Add a section that would permit 3.9 FRONTAGE ON IMPROVED PUBLIC STREET, UNASSUMED ROAD AND PRIVATE RIGHT-OF- Frontage on buildings to access a private right- dwelling units within a common WAY Improved Public of-way. This does not account for element condominium to front on Street, Unassumed private right-of-way access for free a private right-of-way. a. Improved Public Street Road and Private hold dwelling units are located No persGR shall eren+ a% building or structure shall be erected in any Zone, after the date of passing Right of Way within a common element of this By !a w, unless the lot upon whiGh 6UGh building OF StFUGtUFe i6 to be eFeGted fronts upon an corporation which do not front a improved public street, maintained year round, and further, public street. with the E;etbaGk previsiens ef this By !a b. Unassumed Street Netwith6tanding the previsienG of SeGtieR 3.9 a. to the Gentrary, the )f this By law shall not j prevent the eren+ien of permitted bBuildings or structures are permitted on an unassumed street ! provided they are on a lot in a Registered Plan of Subdivision. where a s bdi„isien agreement has beeR enteFed into with the MuniGipality and registered on title, whereuRder the 6treet or 6treets wall net. be assurned by the MURiGipality until GUGh time as sp ed in the Gaid agreern y g .c Private Right-Of-Way I i i i) Notwithstanding the PFEW'SiGRE; of SubseGt'GR 3.9 a. above, wheFe a building has been eFeGted pF'E) en an impfqv te the date of passage ef th'6 By law en a 19t Wh!Gh does not have frontage ed publiG street, er E)n a lot whiGh front te right of way registered en title- and providing legal ngFess and egress to an improved publiG stFeet, th of this By law shall net apply-to j j with-.A building or structure constructed prior to the date of the passing of this By-law is that is not located on an improved public street, or is located on a private right-of-way, may be enlarged, altered or renovated and an accessory structure may be constructed, provided the use is permitted j in the zone in which it is located. NetwithstandiRg the pmvisien6 of SubseGt'GR 3.9 a. above, where a lot has been Greated prier te the date of passage ef,this By law, whiGh does netl GUGh lot I I � � I ngress and egress to an improved pub"G stFeet, th of this by law shall not apply to s by law I peffnissible in the zone in whiGh it is loGated, and that all etheF appliGable provisions ef the aFe-seMplied with A building permit may be issued for a lot created prior to the date of the passing j of this By-law for a lot that has access to a private right-of-way provided the use is permitted in the zone in which it is located. d. Private Street Notwithstanding the previsions of SubSeGtoon 3.9 a. abeve, the previsions of this by law a building or structure may be permitted on a lot which has frontage on a Private Street where such Private Street existed at the date of passage of this by-law, or j ! where such street is shown on a site plan approved under the Planning Act j of the Town on of lewGastle o as amended, er env S Unnesser thereto. Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution ( Proposed Modification (in bold) & Proposed Deletion (shrike-am *h- euo) ! 41. Section 3.14 Is it necessary for us to enforce Specify that the zone limit is not 3.14 Where a lot is divided into mere than ene zone under the Multiple Zones on setbacks from a zoning boundary intended to be a limit for defining of the said lot shall be used in aGGGr4anr_-e with the Zene Provisions ef this By law fer the appliGable ZeR One Lot on the same property. yard setbacks. Utilize the es wording from By-law 2005-109 to nternreted to he a let line as defined herein for the purposes of intornreting Zene req uirements and make this provision easier to , read. , that portion of the let may4e-imr-4--ded fb�r the PUFPeses Of GaIGUlating lot area and shall net a#eot the yard requirements nrevirderd that the use of that nertien of the let oemnlies in f all other resne^ts with the nreyisiens of the Environmental Droteotien (EP) Zone Where a lot is divided into more than one zone, under the provisions of this By-law, each separately zoned portion of the lot shall be used in accordance with the use previsions for the applicable zone. All buildings, structures and uses shall conform to the applicable zone regulations for that zone as if each separately ! zoned portion was a lot. However, j a. no lot shall have more than one dwelling on the whole of the lot except as specifically permitted by this j ( By-law; and/or b. where this By-law limit divides a property, provided the use of that portion of the lot conforms, this By- law limit shall not be a zone limit for defining yard setbacks, except for the setbacks required in Section j 3.21. 42. Amend Disabled i This section permits the width of Amend provisions to specify that 3.16 b. i) Each disabled per-sons accessible parking space shall be a minimum 4.5 metres wide and 5.7 j Parking Spaces disabled parking spaces to be spaces need to be paired. metres long, unless paired together 3.16 b. i) I reduced from 4.5 metres to 3.4 Replace the word "disabled" with °ate, " ham, in which case each space shall be a minimum 3.4 metres wide and 5.7 metres long, with a 1.5 meters where two or more spaces "accessible". The definition metre access aisle between the paired spaces. abut each other. This section was "Parking Space, Disabled i intended to reduce the width for Persons" will be renamed PARKING SPACE, [DISABLED PERSONSACCESSIBLE: spaces which are paired as they "Parking Space, Accessible". Shall mean a parking space that is designed and identified to be used by persons with a disability. j would not function appropriately in odd numbers. 43. Revise section 3.16 It is unclear that 30% of the front Relocate the regulation for c. Parking Space Sizes c) Parking Space yard must remain landscaped, landscaped open space to its j i) Each parking space shall be a minimum of 5.7 m by 2.75 m. I Sizes regardless of the number of own subsection and clarify. ii) Where the two outdoor parking spaces for single detached, semi-detached and/or townhouse,units parking spaces provided for single are provided side by side the combined minimum width of the two spaces may be reduced to 4.6 m detached, semi-detached and/or provided that the minimurn landsGaped open spaGe within the fFent yard is 30 pelGent. townhouse units. iii) Parking spaces provided in the front yard for detached, semi-detached and/or townhouse units must not reduce the minimum landscaped open space within the front yard below 30 percent. I ! iv) Parking space size perpendicular to a landscaping strip having a minimum width of 3.0 metres may be reduced in size to 5.2 metres in length by 2,75 metres in width. i I ! Proposed Zoning By-law Amen_dments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-three ) 47. Section 3.21 c. This provision requires a 300 More consistent with the format 3.21 SETBACK REQUIREMENTS Setback metre setback from a non-farm used in the Oak Ridges Moraine Notwithstanding any provision of this By-law to the contrary, the following minimum setbacks shall apply to Requirements related residential building to an Zoning By-law 2005-109 which the specified buildings and structures: jagricultural building housing references the MDS formulae a. All buildings from an Environmental Protection (EP) Zone unless such building is located upon a lot I livestock. This setback is not rather than a required distance. located within a registered plan of subdivision or a plan of subdivision draft approved prior to the date consistent with the current of passing of this By-law. 3 metres Minimum Distance Separation A definition of Minimum Distance b. All buildings from watercourses not located within an Environmental Protection (EP) Zone. 30 metres I (MDS) formulae which may Separation will be added to buildings, heysing IiveGtGGk and not require a setback which is more or Section 2. I,eGated on the arne In} 300 met less dependent on the type and number of livestock that is i) No residential, institutional, industrial, commercial or recreational use, located on a separate considered. This section also j lot otherwise permitted by this By-law shall be erected or enlarged unless it complies with does not consider the MDS the Minimum Distance Separation Formulae. requirements between new or expanding livestock or manure ii) No livestock facility shall be erected or enlarged unless it complies with the Minimum facilities adjacent and existing or Distance Separation Formulae. approved developments. iii)Subsection i) shall not apply to a residential building constructed on an existing lot or a lot ! within a registered plan of subdivision. iv) Subsection ii) shall not apply to a livestock facility located within the limits of a settlement i area. leGated en existing lots of reGGrd er lets within a registeFed plan of subdivispen or plan of subdivisien approved, prior to the date of passing of this By law. NE)F shall they apply where an agFiGU'tural building I hni ioinry livoc+}nnL is Inna}orJ within the limits of a l.larblef ow } d. No residential or institutional use shall be located closer than 30.0 metres from any railway � j corridor. I ! I l Section 2 MINIMUM DISTANCE SEPATARTION FORMULAE A guideline established by the Province to minimize nuisance complaints due to odour and thereby reduce potential land use conflicts by determining appropriate separation between livestock and manure storage j facilities and neighbouring non-agricultural uses, including residential, institutional, industrial, commercial, or recreational uses. I i i I i I I ' I i I Proposed Zoning By-law Amen_dments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_through) � 48. Section 3.22 There have been different Borrow from the Oak Ridges Add a definition to section 2 as follows: Visibility Triangles interpretations from applicants on Zoning By-law 2005-109 which VISIBILITY TRIAGLE and Section 3.1 j. which lot lines are referred to in has a clearly written provision to Shall mean a triangular-shaped area of land abutting an improved public street or private street vi) this provision clarify issues the issues. This that is required to be kept free of obstructions that could impede the vision of a pedestrian or the provision will be expanded upon driver of a motor vehicle exiting onto or driving on the improved public street or private street. In cases where a sight triangle has to exclude lands that have been been dedicated to the Municipality dedicated for a visibility triangle of Region, it is not necessary to protect for an additional visibility triangle as the sight lines have been calculated and secured for. Section 3.1.j.vi) speaks to the Section 3.1.j.vi) will be revised to 3.22 VISIBILITY TRIANGLES j location of accessory buildings, remove portions dealing with On a GOrner let, where land fGr a visibility triangle has not been dediGated to the read authority, j structures and landscaping on visibility triangles. within the triangle spaGe fermed by the stineet lines and a line drawn fFOFn a p9int OR one street line to a residential lots that are located point in the other street line, eaGh SUGh point being 7.5 metres measured along the street line from the within 3 metres of the streetline Reference to lane will be omitted , as which may impede vision. This from Section 3.22 the definition of arriended, reGreatieRal vehiGle OF tFaileF, and any lead thereon, shall be parked er stored, no building 0 provision should be applicable to Lane will be added to section 2. , no land 64a all zones. It would be appropriate be w6ed for the purposes of growing shrubs or tree6 OR eXGess of 0.75 metices an height. to incorporate this provision with j the visibility triangle provision, as it , a. visibility triangle shall be determined as follows: is not necessary to restrict I. the visibility triangle adjacent to an exterior side lot line, where a sight triangle has not features for 3 metres along the already been dedicated to the road authority, shall be the area enclosed by each of the street entire street frontage. lines measured to a point 7.5 metres back from the intersection of the street lines, and a It has been interpreted that diagonal line drawn between these two points; i visibility triangles do not apply to ii. the visibility triangle for a driveway, or right-of-way shall be the area enclosed by the line lanes. ( along the limits of the driveway and the street line measured to a point 3 metres back from the intersection of the street lines and the limits of the driveway, or right-of-way and a diagonal line drawn between these.two points. b. Within a visibility triangle: i i. no building or structure shall be constructed, no motor vehicle, trailer or recreational vehicle shall be parked or stored; I I � ii. no fence shall be constructed with a height greater than 0.75 metres, Proposed Zoning By-law_ Amendments j Item Zone Provision Issue ! Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-th rough) iii) the developer has entered into an agreement with the appropriate public authority regarding the provision of sanitary sewer and water services; and iv. the model,home complies with the regulations of the zone in which it is located. b. A temporary sales office for a draft approved subdivision or condominium plan may be located on lands within the draft approved plan. The temporary sales office shall be removed or cease operation no later than the sale of the last lot or the occupation of the last dwelling. c. A minimum of eight parking spaces shall be provided for a model home or a temporary sales office. 51. New regulations for Our department has been asked Add a provision to permit special MOTORIZED RECREATIONAL COMPETITION Special Events and to sign building permit applications events. Definitions should be Shall mean any GOMpetition GaFried out for the purpeses of entertainment OF FeGFeatien and whiGh may temporary buildings for tents and temporary structures provided for private special or structures (Tents) for events such as Ribfest, private occasion celebrations to erected for a backyard weddings, etc. recognize weddings, birthdays, competition involving sport and other recreational activities using motorized vehicles for the purposes of j special event. Special events are defined anniversaries etc. The definition entertainment or recreation, and may include tractor pulls, snowmobile races, motorcycle/moto-cross Definition of however, the corresponding should be updated to remove events, and automobile races. PUBLIC SPECIAL General Provision was temporary details that were specific to the j EVENT, PRIVATE and deleted on July 28, 1989. The temporary general provision. SPECIAL EVENT SPECIAL EVENT, new provision will provide Definitions for Special Events j j and NOT-FOR- consistency with the By-law 2014- open to the public will also be PROFIT 020 for special events on private provided for consistency with the eompetitlen: ORGANIZATION to property. Special Events By-law. For the purpeses ef this definition "temperwy" shall mean that "the GGrnbined tetal duratien ef all Spe be added. A definition of "Not-for-Profit EWRts held on one pFoperty shall not eXGeed seven (7) days in a Galendar year exGept in the Gase of-a Definition of Organization" is proposed which , 1USiG festival eF other speGial Event ,.apablo j RECREATIONAL is consistent with the definition of e , ' COMPETITION to "Charity" found in the Special j be modified and j Events on Municipal Roads By- Fer the ,,,,rposes of this bylaw a SpeGlal C'yent nnn,,rrini, Sri renamed law. A regulation is proposed of NeWGastle, any &heel Beard eF any publiGauthWlty any Department of the Regional MOTORIZED that would permit a charitable j RECREATIONAL event on agricultural land. Authwity established by the Government ef Ontario, er a --m—i-inky GeRtre designated pursuant te the COMPETITION Cep unity (`Rues AGt 6hafl-be-dee��med to be-a-publiG use. For consistency with Zoning By- y j law 2005-109, special events SPECIAL EVENT, PRIVATE exclude a "Motorized Shall mean an event, the duration of which is temporary in nature, for the purpose of celebrating a Recreational Competition". The special occasion which is not open to the public and is riot conducted for profit or gain. definition of"Recreational Competition" will be changed to SPECIAL EVENT, PUBLIC match. The term "Recreational Shall mean a cultural, recreational, educational or similar event including fairs, festivals and C Competition is not utilized carnivals, the duration of which is temporary in nature. It is open to the public and may be elsewhere in Zoning By-law 84- conducted for profit and gain. The term special event shall not include a motorized recreational 63. competition. i I ( I Proposed Zoning By-law Amendments { Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike-through) NOT-FOR-PROFIT ORGANIZATION Shall mean 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. f3.28 SPECIAL EVENTS a. Public Special Events are permitted: i) On a lot owned by a public authority, school, college, university, or place of worship. ii) Within a Zoological Park iii) Within a Commercial or Industrial Zone b. A private or public special event hosted by a Not-for-profit Organization is permitted in all lands, except those zoned Environmental Protection; c. A private special event is permitted on any lot where a residential use exists. d. Regulations for Special Events: i) A Special Event permit must be obtained from tht- Municipality, if applicable. ii) The combined total duration of all special events held on one lot shall not exceed seven days in a calendar year. j iii) In any Commercial or Industrial Zone, the parking' area may be used for a special event provided that the number of parking spaces remaining is not reduced below 75% of that required by Section 3.16 for the commercial or industrial uses on the lot. j iv) Special events, where a permit has been issued by the Municipality are not subject to the parking and loading space requirements set out i; Sections 3.13 and 3.16. i v) A temporary building or structure is permitted provided it conforms to the setbacks set out j in Section 3.1 c. vi) No Site Alteration is permitted_ . 52.! New provision for Currently refreshment vehicles The definitions from the MOBILE REFRESHMENT VEHICLE Refreshment have been permitted by the Refreshment Vehicle By-law will Shall mean a vehicle used exclusively for the sale of prepared food and beverages, designed and Vehicles and Carts. Municipal Licensing By-law in be added to Section 2 with intended to move from one location to another on a regular basis and on short notice and may locations where the Zoning By-law modification to specify that food include facilities for cooking. i permits an eating establishment and beverages are offered for provided the refreshment vehicle sale. STATIONARY REFRESHMENT VEHICLE is at least 60 metres from another A list of licensed Refreshment Shall mean a vehicle used exclusively for the sale of prepared food and beverages, which may eating establishment. The Vehicles was provided by the contain cooking facilities; must be parked or placed in a specific location in order to operate; and Refreshment Vehicle By-law was Clerks Department. The although it may be moved at the end of the work day, or to various different locations on a daily i revised in February 2015 and the i locations were reviewed to basis, it cannot close down and relocate on short notice. Clerks Department recommended determine appropriate locations I in Report CLD-002-15 that staff to permit the use as of right. It is REFRESHMENT CART initiate a zoning by-law proposed to add Shall mean any non-motorized vehicle used exclusively for the sale of prepackaged food and j amendment to: beverages, which does not include facilities for cooking IIII Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (r4..iLe_th..,,,,,.►,) • Define refreshment vehicles as Mobile refreshment vehicles as a 3.30 REFRESHMENT VEHICLES AND CARTS a type of land use only permitted use to the following a. A mobile refreshment vehicle and/or refreshment cart may be erected and/or operated in permitted where the zoning zone categories: Hamlet associated with a special event, provided that all licenses and permits, required under the specially permits it. Commercial (C3), Special Special Event and Refreshment Vehicle By-laws have been obtained. Purpose Commercial (C4), • Limit stationary refreshment Service Station Commercial (C6) b. A stationary refreshment vehicle shall only be located in a defined parking area. vehicles as an ancillary land use in certain commercial It is proposed to recognize c. The location of the stationary refreshment vehicle shall not reduce the minimum number zones. This would restrict the existing mobile refreshment parking spaces. refreshment vehicle to lands vehicles in the General with an established commercial Commercial (C1) Zone for 181 Add to Sections 18.1 b. xiv), 19.1 b. xix), and 21.1 b iv) (C3, C4, and C6 Zones): use. King Street East (Jr's Handmade Stationary Refreshment Vehicle as an accessory use to a permitted use. � Sourdough & Hanc's Friews), 205 • Provide for refreshment King Street East, Bowmanville Add to Sections 16.1 b. xxviii), 16.5.35 b. xx), and 22A.4.2 a. 1), 7 b. (C1, C1-35, C8-2, RC) vehicles on lands where a (Chip monks), g Stationary Refreshment Vehicle provided the property was identified in a Stationary Refreshment j (Chi monks , 34 Kin Avenue special event is being held East, Newcastle (Wingmees), Vehicle licence issued b the Munici alit prior to insert the date of the passing of By-law 2015- 122 King Street East OXX] and the property has continuously been identified in an annual Stationary Refreshment Provide for"grandfathering" of Bowmanville (My F Word), Vehicle licence issued by the Municipality since that date. existing refreshment vehicle General Commercial Exception p Revise Section 18.4.6 as follows: sites. (C1-35) zone located at 1540 18.4.6 HAMLET COMMERCIAL EXCEPTION (C3-6) ZONE Highway 2, Courtice (Stuttering Notwithstanding Section 18.1, those lands zoned C3-6 on the Schedules to this By-law may, in addition to Johns) and in the Large Format the other uses permitted in the C3 Zone, be used for a garden and nursery sales and supply Commercial Exception (C8-2) establishment; and a Stationary Refreshment Vehicle provided the property was identified in a j Zone (GJ Grill on Wheels located Stationary Refreshment Vehicle licence issued by the Municipality prior to [insert the date of the at Canadian Tire), Rural Cluster ) passing of By-law 2015-OXX] and the property has continuously been identified in an annual (RC) Zone (1406 Taunton Road, Stationary Refreshment Vehicle licence issued by the Municipality since that date. The placement Hampton (Speedy Spudz) of buildings and structures shall be subject to the regulations set out in Sehedule Section18.3. I j Revise the Hamlet Commercial j Exception (C3-6) Zone to recognize the only existing j Stationary Refreshment Vehicle located at 2363 Taunton Road (Nofty's Chips), currently zoned Rural Cluster RC. The j refreshment vehicle at this location has been licensed since 1980. I ; I It is assumed that refreshment carts will operate on municipal boulevards which would not be subject to the zoning by-law. j Proposed Zoning By-law Amendments Item Zone Provision Issue Proposed Solution Proposed Modification (in bold) & Proposed Deletion (strike_through) A General Provision is proposed which would permit mobile refreshment vehicles and refreshment carts to operate in association with a special event. The General Provisions will also restrict the location to a parking area 53. Add Long Term Long Term Care Facilities and Add Long Term Care Facility and 15.1 a. Residential Uses Care Facility and Retirement Homes are similar in Retirement Home to Section 15.1 ii) Long Term Care Facility Retirement Home to building form to apartment a. iii) Retirement Home the Urban buildings which are permitted Residential Type within the Urban Residential Type Replace the term Nursing Home Replace the term "Nursing Home" with "Long Term Care Facility" in Section 14.6.26 b. ii) and c.; 12.4.3; Four (R4) Zone I Four R4 Zone. It would be with Lon Term Care Facility in 12.4.26. 15.4.20 a., 15.4.25 a.; 15.4.32; 15A; 16.1 b.xii , ( ) g y ' b.iv) and c.; )• 16.5.38 b.ii) appropriate to add the uses to this the relevant zone categories and zone category. exception zones. f 54. Replace Bakery shop with Replace the term "Bakery shop" with "Bakery" in Section 16.1 b. ii) ( i j "Bakery" j 55.1 Delete the 1 The regulation contained in Delete Section 16.1 c. G. HOLDING ZONE where the zone symbel shown on a SGhedule to this By law is preGeded by the letter regulation for the Section 16.1 c. is redundant as the (H) the use of the lands shall be limited to dwelliRg units eX66ting at the date ef paE;E;iRg Of the By law. The 1 Holding Zone in the requirement is covered by the isf ed that the :uses to be permitted will o j General General Provision for a Holding ( seFVised by ,N Commercial (C1) Zone in Section 3.11 Zone _ Attachment 2 to Municipality of Clarington Report PSD-037-15 3.1.c The regulations —Accessory Buildings, Structures and Uses table provides regulations for accessory structures. Where a zone category is not identified in the table, the accessory building/structure and use shall comply with the parent zone regulations where specified. REGULATIONS ACCESSORY Type of Total Lot Total Height Yard Setbacks Structure coverage accessory (max) (max) Floor Area Front Rear Interior Exterior (max) Side Side ;,z 'wry s. ✓ i sj ya:r3� ,'Fl r/ ii�/�"✓ any` .s ,,,; 7 u '"' ,� ;r %'- ,.i�%l ti✓ , ' fi ,cx L,e ii,..,v, and#,gar,laru�a6i l,�/rn":�d»«l;< a uiia�`ad_,Z'a_.,�;;£P'y rcS#e+..r*f�oy/�,. ? �✓e l V MI r f fi s - 120 m2 with a 3 metres with minimum lot a floor area 1.2 m area of 2 equal to or or Accessory hectares less than 10 0 m to a Building or 10%of lot area m2 Zone 1.2 m common Zone Structure g0 m2 with a Regulation wall of a Regulation lot area less 4.5 metres semi- than 2 with a floor detached hectares area greater garage than 10 m2 Swimming Not Applicable Not Not Zone 1.2 m 1.2 m 1.2 m Pool Applicable Applicable Regulation ' x 3� s e k i {, a✓� �'?{ 'i :2. ,v„'n€x ail a „Fw /t° .. sz, ., 5' } f ,,,e'' ; ✓ z :..� r i: -'.:,. M' 0.6 m 3 metres with a floor area equal 0.6 m to or less than or 6.0 m from Accessory 10 m2 Om to a the streetline Building or 10%of lot area 60M2 Zone 0.6 mM common to a Structure 4 metres with Regulation wall of a detached a floor area semi- garage with greater than detached a garage 10 m2 garage door facing the exterior side yard. Swimming Not Applicable Not Not Not 1.2 m 1.2 m 1.2 m Pool Applicable Applicable Permitted � °�+`"'"` ✓ k;e'�p�,;�.. �; `�P. � �,,r� .�� � ej�a€. '�, ' 4',��'xc�'/��:;✓�;.,a . ` 3jr�` .?'�w .s8 , X� '�. "'� i .z::.. �.7`"k`Y'v�`.'. :: , .✓c: .y w e, .9, ,Y... 4„.'1,! ., .,. 7 Y. sc� a a?.a Now, 2 .ro. .,� s fi'�. .. ..>°, .e.'rk i�i:G.I'x�2',l//e,,_/,✓;, i�: �i. "�ir...�,�. 50% of 3 metres with ground floor a floor area area of a less than z All uses Not Applicable principal 10m Not 1.2 m 1.2 m Zone building to a Permitted Regulation maximum of 4.5 metres 60 m2 with a floor area greater than 10m2 WIN, Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD- 038 -15 Resolution Number: File Number: ZBA 2015 -0008 and SBA2015 -0001 By -law Number: Report Subject: An Application by Far Sight Investments Ltd. to amend Zoning By -law 84 -63 to permit a temporary sales office for new homes in a subdivision on Lambs Road, north of King Street East, Bowmanville and to amend Sign By -law 2009 -0123 Recommendations: 1. 2. 3. 4. 5. That Report PSD- 038 -15 be received; That the Zoning By -law Amendment submitted by Far Sight Investments Limited as contained in Attachment 1 of Report PSD- 038 -15 be approved; That the Sign By -law Amendment submitted by Far Sight Investments Ltd. be approved as contained in Attachment 2; That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 038 -10 and Council's decision; and That all interested parties listed in Report PSD- 038 -15 and any delegations be advised of Council's decision E:� Municipality of Clarington Report. PSD- 038 -15 Report Overview 2 A rezoning application submitted by Far Sight Investments Ltd. to permit a temporary off- site sales and presentation for new homes in a draft approved plan of subdivision (S -C- 2005 -002) and an application for a Sign By -law amendment regarding the location, number and size of signs proposed for both the draft approved plan of subdivision lands as well as the new homes sales centre site.. 1. Application Details 1.1 Owner/ Applicant: 1.2 Proposal: 1.3 Area: 1.4 Location: 1.5 Within Built Boundary: 2. Background Far Sight Investments Ltd. Rezoning To amend the Zoning By -law 84 -63 to permit a temporary new home sales presentation and sales centre for a maximum three (3) years Sign By -law Amendment: To amend the Sign By -law 2009 -0123 to permit Subdivision Development signs at the proposed off -site sales centre site where none are permitted; to recognize the V- shaped signs as double -face signs; and to increase the maximum permitted area of Subdivision. Development signs from 10 m2 to 13m2 5.7 hectares Part Lot 7, Concession 1, former Township of Darlington 2840 Highway 2, Bowmanville No 2.1 On March 30, 2015 applications for Zoning By -law Amendment, Site Plan application and Sign By -law Amendment application were submitted by the applicant to permit the temporary use of a new home sales and presentation centre. The applicant is proposing a 236. square metre (2,540 square feet) presentation centre with a clock tower feature at the corner of Durham Highway 2 and Lambs Road. The Sign By -law amendment is for the location, number and size of signs proposed to market the new subdivision, both on the Draft Approved lands and at the proposed temporary new home sales and presentation centre. 2.2 On August 6, 2010, Draft Plan Approval was issued for a plan of subdivision application (S -C- 2005 -002) by Far Sight Investments Ltd. for the development of 273 E:M Municipality of Clarington Report PSD- 038 -15 Page 3 single- detached dwellings, 29 townhouse dwellings and 279 medium density dwellings located at the southwest corner of Concession Street East and Lambs Road in Bowmanville. The lands within the draft approved plan of subdivision are immediately north of the lands now subject to the proposed rezoning for a temporary sales centre. The owner, Far Sight Investments Ltd., is working towards Final Approval and registration of Phase 1 of the Draft Plan. The owner is looking to start selling the homes in the residential community marketed as Timber Trails. 2.3 The applications have been circulated to a number of agencies for comment. The application for Zoning By -law Amendment was deemed complete on April 23, 2015. The Site Plan application was originally deemed incomplete. Staff questioned whether the proposed building on a foundation was truly temporary in nature and therefore in compliance to the Official Plan provisions for a temporary use By -law. The applicant has since provided a rationale for proposing the foundation and the Site Plan application was deemed complete on June 8, 2015. Figure 1: Key Map iIIpE' 11 Ell lli11 _�i' ►'sy <t,' fi�� ` x itiEril dill ffi= f »��I>iiiilli as , �Ztllll�``�t I ■ �i pl�iilil m•. �, d �1l� •;►�16�i� m � n r .� � , � �� Fri` � �a► � - `,`�,� MIN Approved c Reside ntial Subdiviisibn BY Fars ight ,;,;nut :6 °ssdis tlfililiil ' , -i :,:: �_ i11111EliIlIll6►i O�`� �s �'` IiG© �� illlillllillliil:• � /,� �. c %slllllillllllllilil� ililip� � �� �. °eOslo lilillfiliL�i 120% ilii at ® � ;� mom' YIlif►y 0 � EiH� ° 1 lilt 0illllr�� Proposed ®� Sales Office s IIIIIIIIBY�� ,�, l� ® ®� ®®i® ® ®� �® ®tea® : � � r r • 8 -24 Municipality of Clarington Report PSD- 038 -15 Page 4 2.4 A public meeting was held on May 25, 2015 for the purpose of providing information and to seek input on the application from the public. At the meeting one nearby resident stated concerns regarding security at the sales centre site. The Applicant made a presentation clarifying the proposal and responded to questions from members of Council. The comments are addressed in Section 7 of this report. 2.5 Since the public meeting, the applicant has met with Planning staff and has refined the proposal. The Applicant has clarified the proposal for situating.the sales centre on a foundation and for potentially installing a septic system in place of the originally proposed holding tank for sanitary purposes. Additionally, the number and size of signs proposed for marketing the sales centre and subdivision has been reduced from the original proposal. 3. Land Characteristics and Surrounding Uses 3.1 The subject site is located at the northwest corner of Highway 2 and Lambs Road in Bowmanville and is currently vacant. Soper Creek and associated valley lands including a wetland community bisect the site. The southeast section of the property is a field clear of significant vegetation; it was previously cropped. Figure 2: Subject Site Kingdom Hall Of Jehovahs Witness Q O Sa W perC m ST R�c�Tcc 'SST Sales Trailer Clock Tower Parking Lot N ZBA 2015 -0008 8 -25 Municipality of Clarington Report PSD- 038 -15 Page 5 3.2 The surrounding uses are as follows: North: The Kingdom Hall of Jehovah's Witnesses; current agricultural field (Draft Approved site of future residential subdivision by Far Sight Investments Ltd.) South: Industrial uses within the Clarington Technology Business Park; agricultural field East: Seventh Day Adventist Church; rural residential dwellings West: Commercial uses including -an apartment building, the Bowmanville Veterinary Clinic and auto sales 4. Provincial Policy The application is proposing to rezone the subject lands to permit a temporary sales centre for a previously draft approved plan of subdivision. The temporary nature of the proposed use in this application is not addressed in Provincial Policy and the proposal does not conflict with Provincial Plans. 5. Official Plans 5.1 Durham Regional Official Plan The subject site is designated Regional Corridor and Living Areas within the Durham Regional Official Plan. Regional Corridors shall be developed to achieve a mix of commercial, residential, employment and institutional uses and are to promote public transit ridership through higher residential densities and compact form. Living.Areas shall be used predominately for housing purposes. As the proposed rezoning application is to allow a temporary new homes sales centre, this application does. not conflict with the policies of the Regional Official Plan in regards to the future planned development for the subject lands. 5.2 Clarington Official Plans The Clarington Official Plan designates the subject lands Urban Residential Area — Low Density and Environmental Protection. Low Density residential uses shall be developed between 10 -30 units per net residential hectare. The predominant housing form shall be single detached, semi - detached /link and duplex to a maximum height of 2.5 storeys. The sales centre will be built entirely within the area of the site designated Urban Residential Area and south of the area that is designated Environmental Protection Area. The Clarington Official Plan allows Council to pass temporary use by -laws to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use is temporary in nature; b) the proposed use is compatible with adjacent existing land uses, there is minimal impact on natural features and land characteristics, or satisfactory measures to mitigate any adverse impacts will be applied; MM Municipality of Clarington Report PSD- 038 -15 Page 6 c) there will be no adverse impacts on traffic or transportation facilities or services in the area; d) adequate access and parking are provided; e) the use can be removed and the site can be restored to its original condition; f) adequate sewage disposal and water services are available in compliance with provincial and regional standards; and g) it does not jeopardize the long term implementation of the Plan. 6. Zoning By -law Within Zoning By -law 84 -63, the subject lands are zoned "Agricultural (A)" and "Environmental Protection (EP) ". The proposed sales centre will be built entirely within the area of the subject lot that is zoned Agricultural. Commercial type uses, unrelated to agriculture, are not permitted within the Agricultural zone. A temporary use Zoning By- law Amendment is required in order to permit a sales centre on the subject property. The proposed rezoning would permit a temporary sales centre, for up to a maximum three years. 7. Public Notice and Submissions 7.1 Staff received one email from a landowner on the east side of Lambs Road in support of the temporary rezoning application prior to the public meeting. No submissions objecting to the proposal have been received. 7.2 At the public meeting on May 25, 2015, one nearby resident spoke.- The resident voiced concerns regarding security at the proposed sales centre site and particularly with how the applicant plans to protect the site from vandals during the operation of the sales centre and after the building is removed. 8. Agency Comments 8.1 Central Lake Ontario Conservation Authority Conservation Authority staff have reviewed the application and have no objections to the rezoning for the proposed temporary sales centre use on the subject lands. However, the following items must be addressed prior to supporting the Site Plan application: Revising the drawings to include the regulatory floodplain, access allowances, the dripline and setback distances; Minor refinements to the Grading Plan and increased consistency between the Grading Plan and Landscape Plan; and Adjustments to the grading on the Erosion and Sediment Control Plan. l w� Municipality of Clarington Report PSD- 038 -15 8.2 Durham Region Works Department The Regional Works Department have no objection to the rezoning application and provide the following comments for the site plan application: • Municipal water supply and sanitary sewer service is not available to the subject property: All reference to existing watermains on Regional Highway 2 and Lambs Road should be removed from the Site Grading Plan; • The applicant must convey the road widening, as shown on the site plan, to the Region as a condition of Site Plan approval; FA • The proposed entrance location on Regional Highway 2 is not acceptable given its close proximity to the Lambs Road intersection and the slight offset it creates with the entrance on the south side of the road. The proposed entrance should be relocated further west so that it is located at the midpoint between the two entrances on the south side of the road; and • The proposed entrance design should be revised to include an 8 metre throat width with no median located in the entrance. Also, all signage must be located on private property, outside of the limits of the road widening. 8.3 Durham Region Health Department The Durham Region Health Department advise that they have no objection to the rezoning and will review the proposed servicing for the sales centre site prior to Site Plan approval. 9. Departmental Comments 9.1 Engineering and Building Services Clarington Engineering Services reviewed the application and have no objection to the rezoning. They indicated that prior to final approval of the site plan application, the applicant will be required to satisfy the following concerns and conditions. While the proposed grading for the site appears to be relatively minimal, there is not sufficient detail on the Site Grading Plan to make that determination. Existing and proposed grades must be clearly shown. The Stormwater Management Brief is acceptable to the Municipality, however, it is subject to the approval of Central Lake Ontario Conservation Authority. The construction access off Lambs Road was not presented at the pre - consultation meeting in January 2015. No detail has been provided on any of the plans. The location of the temporary access must meet the requirements of the Municipality's Entrance policy. MM Municipality of Clarington Report PSD -038 -15 Page 8 The Clarington Building Division reviewed the application and indicated that at the Site Plan Approval stage a barrier -free path of travel will be required to the main entrances of the building from the barrier -free parking spaces. The applicant must submit the approved application for water service from the Durham Region Works Department and Regional Health Department for consent for the proposed septic. prior to issuance of a building permit. Additionally, both the sales centre and clock tower feature will require a building permit. 9.2 Emergency and Fire Services Clarington Emergency and Fire Services reviewed the application and have no objections to the rezoning. 9.3 Clarington Operations Clarington Operations reviewed the application and have no objections to the rezoning. They indicated that under Section 122 of the Highway Traffic Act, it is prohibited to push snow onto the municipal roadway. The plans must show the dedicated snow storage area, and the proper signage shall be installed on site. The typical area that shall be dedicated to snow storage is a minimum of 2% of the vehicular travelled area. 10. Discussion 10.1 The Site Plan application for the temporary sales centre is. currently being processed. A number of revisions to the drawings are necessary prior to final approval of the plans. The required site plan agreement will be prepared to address servicing requirements, parking requirements, access, grading, lighting, signage, landscaping and the location of the sale office on the site due to the prominence of the.site's location. 10.2 Temporary Use The applicant's site plan application shows the sales centre is located on a foundation with a basement. Staff have had concerns that the building design with a foundation implies that the building could potentially be permanent and not temporary as is required by Temporary Use By -law policies in the Clarington Official Plan. Since the public meeting on May 25, 2015 the applicant has confirmed the intent for building the proposed sales home on a foundation by stating that given the grades of the site and their objectives for the sales and - presentation centre, it is the most cost effective option and will result in a more attractive and fully accessible building than if it is built on piers. It will also be built at grade and eliminate ramps and steps typically associated with temporary sales and presentation centre. Furthermore, the basement will used to hold utilities for the sales centre including a water tank and furnace. The applicant anticipates the sales period for all new homes in the subdivision will extend for approximately 6 years requiring an extension to the 3 year temporary use By -law term should this application be approved. Given this potential timeline, the applicant feels it is worth the investment to build the building on a foundation. Additionally, the applicant has stated that the sales centre will be built with wood frame construction rather than using more permanent commercial construction materials such as steel. Staff are satisfied that the proposed • Municipality of Clarington Report PSD- 038 -15 Page 9 sales centre will be temporary and should the application be approved, the applicant will be required to remove the foundation and building at their own expense upon the expiry of the temporary By -law. 10.3 The applicant had initially proposed using an on -site holding tank for sanitary purposes, however, has more recently considered installing a septic system instead. The applicant stated that a septic system would be just as cost effective as a holding tank as it will be designed in -house and will be more environmentally sensitive than using a holding tank. The use and location of the septic system will require approval from the Durham Health Department when the applicant applies for a building permit. 10.4 At the public meeting, one nearby resident stated concerns regarding security at the proposed sales centre site and sought assurance that the applicant would take responsibility for securing the sales centre site. The applicant has responded to this concern by proposing to install internally monitored security cameras and an alarm system to protect the site. Additionally, the applicant has noted that there will be staff present on -site every day of the week except for Friday providing oversight of the sales centre. Figure 3: Applicant's rendering of proposed sales centre FRONT ELEVATION 10.5 Sign By -law Amendment The applicant has submitted an application for an amendment to the Clarington Sign By- law 2009 -0123 since the proposed signage for the sales office and subdivision site does not comply with Sign By -law 2009 -0123 as the number of signs proposed exceeds what is permitted and some of the proposed signs are oversized. The Sign By -law permits one Subdivision Development Sign per road frontage which would allow the applicant to have a total for three signs of this type — one sign each facing Concession Road 3, Lambs Road and Highway 2. The applicant originally proposed to have five Subdivision Development Signs on the Lambs Road frontage, one on Concession Road and two on the sales presentation and centre site at Highway 2. The size of the signs on Concession Road and the sales centre site had a proposed sign area of 17.63 m2, while the signs 8 -30 Municipality of Clarington Report PSD- 038 -15 Page 10 on Lambs Road varied from 2.97 m2 to 11.89 m2. The Sign By -law allows a maximum sign area of 10 m2. The applicant has revised the application and is now seeking to amend the Sign By -law by proposing one additional Subdivision Development sign to be located on the sales and presentation centre site for a total of four Subdivision Development signs for the combined sales centre and presentation site and draft plan of subdivision lands. The applicant is also seeking to increase the maximum sign area permitted by the Sign By- law from 10 m2 to 13 m2 for each of the four proposed Subdivision Development signs. All proposed signs comply with the maximum height provisions, 7.5 metres, of the Sign By -law. The two signs proposed for the sales centre site are designed in a V -shape and the applicant is seeking to amend the Sign By -law to treat each V- shaped Subdivision Development sign proposed for the sales and presentation centre as double -face sign, as defined in the Sign By -law, rather than as two separate signs. 10.6 Two of the Subdivision Development signs proposed by the applicant are to be located on the sales centre site itself, however, the Sign By -law provides that these types of signs are only permitted on the draft approved plan of subdivision site. The proposed sales centre site is not within the limits of the Draft Approved Plan of Subdivision, although it is on part of the land ownership which includes the approved Draft Plan of Subdivision. 10.7 Staff support the applicant's proposal to amend the Sign By -law by increasing the total number of Subdivision Development signs from three to four by adding a second sign on the Highway 2 frontage and allowing the Subdivision Development signs on the sales and presentation centre site. Staff also support the proposal to consider each of the proposed V- shaped signs as single double -face sign rather than as two separate signs provided each face is less than 45 degrees apart.. However, staff do not support the applicant's request to increase the total area of the Subdivision Development signs from 10 to 13 m2. A 10 m2 sign allows for 108 ft2 or a sign that is 9 ft by 12 ft. The limited vehicle speeds along Lambs Road and Concession Street would not appear to warrant the need for larger signs in order to be visible to passing traffic. The two signs proposed to face Highway 2 will be formed in a V- shape, a design that is purposefully intended to maximize visibility to passing traffic in either direction as a result of the two oppositional, angled faces on each sign. An increase in sign area beyond the 10 m2 or 108 ft2 permitted in the By -law would not appear to be necessary to make these sign visible to passing traffic. 10.8 The applicant has proposed a Ground Sign to be located in a median within the entrance to the proposed sales centre site. The Durham Region Works Department has commented that there should be no median in the entranceway and that all signage should be located outside of the limits of the road allowance or road widening. The Sign By -law does not regulate signs within the road allowance, however, this proposed location is not consistent with the intent of maintaining a 3.0 x 3.0 metre visibility triangle free of structures that may cause an impediment to visibility of drivers accessing the site where a driveway intersects a road. The applicant has suggested that they will only 8 -31 pursue this sign if the Regional Works department is satisfied with its proposed location. Municipality of Clarington Report PSD- 038 -15 11 The proposed sign meets all size and area requirements of the Sign By -law if placed further into the site. 10.9 The applicant has proposed an 11.5 metre tall clock tower feature to be erected at the southeast corner of the lot that abuts Durham Highway 2 and Lambs Road (see Figure 4). The applicant intends for the tower feature to become a point of interest or entry feature for the Bowmanville urban area and to retain the feature on -site beyond the temporary term of the sales centre, when the site redevelops in the future. The permanency of this structure would be contrary to the intent of the Temporary Use By- law. Additionally, if the clock tower were to be constructed as an entrance feature for the east end of Bowmanville, the design should be more neutral rather than maintaining the marketing design of a single subdivision. Although the Owners gesture to create an entrance feature is appreciated. It would not comply with the Temporary Zoning By -law Amendment and is not supported. Staff do not support the Clock Tower Structure. Figure 4: Applicant's rendering of tower feature 15.2 - 14.62M] - 8 -32 Municipality of Clarington Report PSD- 038 -15 Page 12 11. Concurrence Not Applicable 12. Conclusion In consideration of all agency, staff and public comments, it is respectfully recommended that the proposed zoning by -law be approved as contained in Attachment 1 and that the Sign By -Law Amendment be approved in part as contained in Attachment 2. 13. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by. ' -° Reviewed b . f� Ax� yDq�id J. tror64, MCIP, FjP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Dave Addington, Planner 1, 905 - 623 -3379 ext. 2419 or daddington @clarington.net Attachments: Attachment 1- Zoning By -law Amendment Attachment 2- Sign By -law Amendment The following is a list of the interested parties to be notified of Council's decision: Mr. Robert Shickedanz, Far Sight Investments Inc. Hannu Halminen, Halminen Homes Richard Mostert 8 -33 Attachment 1 to Municipality of Clarington Report PSD- 038 -15 Corporation of the Municipality of Clarington By -law 2015- being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2015 -0008; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: Section 2 DEFINITIONS is hereby amended by adding thereto, the following definition: "TEMPORARY SALES OFFICE: shall mean a temporary building used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing or residential lots and dwellings within a draft approved subdivision or condominium plan. Section 6.4 "SPECIAL EXCEPTIONS — AGRICULTURAL (A) ZONE" is hereby amended by adding a new Special Exception Zone as follows: "6.4.88 -AGRICULTURAL EXCEPTION Notwithstanding Sections 3.13, 3.16 a.,3.21 a., 6.1, 6.2 and 6.3 c. i) those lands zoned A - 88, as shown on the Schedules to this By -law may only be used for a Temporary Sales Office, subject to the following provision: a. Yard Requirements (minimum) i). Front Yard 12 metres ii) Setback to an Environmental Protection (EP) Zone 30 metres b. Parking Spaces (minimum) 8 spaces c. Loading Spaces (minimum) nil Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, a temporary sales office use may be permitted for a period of three (3) years, ending on June 29, 2018." 3. Schedule '3' to By -law 84 -63, as amended, is hereby further amended by changing the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A -88) Zone" as illustrated on the attached Schedule 'A' hereto. 4. Schedule 'A' attached hereto shall form part of this By -law. 5. This By -law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. By -Law passed in open session this day of 2015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 8 -34 8 -35 This is Schedule "A" t0 By -law 2015- , passed this day of , 2015 A.D. ............ Zoning Change From "A" To "A -88" EM Zoning To Remain "EP" Zoning to Remain "(H)R3 -42" Adrian Foster, Mayor A a 0 m C. Anne Greentree, Municipal Clerk 11 C � ■ ( I • =�..a Illlitilllll�������� OIg11l ��1 �c IIIIIIilllll{II['�• IIIOIIIIIIIII1111/ ��/11111111111111101- �.,; '�u111"!'y� C�tllllllllll ', in3 i __ E�1111{I� { {� ► _ , " nnm �= a10 {IIIIIIE� �, .� 1111111111 Attachment 2 to Municipality of Clarington Report PSD- 038 -15 Corporation of the Municipality of Clarington By -law 2015 -. being a By -law to amend By -law 2009 -0123, the Sign By -law for the Corporation of the Municipality of Clarington Whereas Section 11 of-the Municipal Act, 2001, Chapter 25, as amended, provides for the amendment of By -laws regulating or prohibiting the erection of signs; Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By -law 2009 -0123, as amended, of the Corporation of the Municipality of Clarington for SBA 2015 -0001; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 9 — Exceptions by Amendment is hereby amended by inserting the following new subsection: "9.27 Notwithstanding Section 7.9 Table 2, two subdivision development signs are permitted at the new home sales and presentation centre site at 2840 Highway 2 in Bowmanville; and Notwithstanding Section 2.1 "SIGN AREA ii) ", the total sign area for V- shaped signs located at 2840 Highway 2 is measured as the area of one display surface provided that the angle of the two panels forming the V -shape are separated by no more than 45 degrees." By -Law passed in open session this day of 12015 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 8 -36 r e� } Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: PSD- 039 -15 Resolution Number: File Number: GEA 2015 -002 By -law Number: Report Subject: Request for confirmation of Municipal Council support for resolution under the Green Energy Act: ground mounted solar'FIT project at 160 Morgans Road Recommendations: 1. That Report PSD- 039 -15 be received; 2. That Council approve the Resolution contained in Attachment 1 supporting the Feed -in Tariff (FIT) application by Edward J. Leader on behalf of Carbon Footprint Offsetters, at 160 Morgans Road, Newtonville; and 3. That all interested parties listed in Report PSD- 039 -15 and any delegations be advised of Council's decision. 8 -37 Municipality of Clarington Report PSD- 039 -15 , Page 2 Report Overview Carbon 'Footprint Offsetters has requested support for a ground mounted solar photovoltaic project with a capacity of 500 kilowatt (kW) of electricity generated to be located south of the 401 in Newtonville, at 160 Morgans Road. Fee in Tariff applications are reviewed based on a point system. A Council resolution supporting a proposed application has a greater chance of being accepted by the Independent Electricity System Operator. This application has been reviewed in keeping with Council's criteria. and a resolution is recommended. 1. Background 1.1 The Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation, and facilitate the expansion of the green energy job market. The FIT (feed -in tariff) and microFIT programs were created under this legislation, and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid. Through these programs, the Independent Electricity System Operator enters into contracts with property owners and businesses to purchase the energy produced. 1.2 FIT applications are now reviewed based on a point system. A Council resolution supporting a proposed FIT application has greater chance of being accepted by the Independent Electrical System Operator. 2. Application Details 2.1. Carbon Footprint Offsetters The applicant, Carbon Footprint Offsetters is a local company based in Oshawa. This application has been submitted by the President of Carbon Footprint Offsetters, Edward J. Leader. 2.2. Proposal Carbon Footprint Offsetters has requested Council support for a ground mounted solar photovoltaic project with a capacity of 500 kilowatt (kW) of electricity generated to be located south of the 401 in Newtonville, at 160 Morgans Road. The applicant is proposing a ground mounted 500kW solar photovoltaic (PV) renewable energy generating facility that will be registered with the Independent Electricity System Operator. The supplier, designer and layout are still being considered although the applicant has identified its top choice as "Canadian Solar" panels, specifically the CS6X- 315P model. Using this model, the facility would be made up of one thousand nine hundred (1900) ground mounted solar panels arranged in 10 rows of 190 panels. The panels will be tilted to 28 degrees; stand at nine feet, seven inches; and use a groundcover of twelve feet by five feet, eight inches, with additional space between units. A. . Municipality of Clarington Report PSD- 039 -15 2.3. Area Page 3 The project site is a hundred and seventy (170) acres in size and is located south and west of Newtonville, more specifically on the west side of Morgans Road, south of Highway 401, and north of Lakeshore Road and the railway. The project developers have access rights to ten acres of a one hundred and seventy acre farm owned by Thinkwind Corp., an Ontario based corporation. The context of the project site can be seen on the map (Figure 1). Figure 1: Proposed Location of Ground Mounted Solar Project Highway 401 Concession Rd 1 Site Location c N Lakeshore Rd The lands proposed to be used are classified in Clarington's Official Plan as "Prime Agricultural ". The Soil Capability for Agriculture (CLI) classifies the project lands as CLI — Class 4 lands which are defined by the Ministry of Energy, Ministry of Agriculture, and Food and Rural Affairs: "Non -prime agricultural land includes CLI Classes 4 through 7. This land has severe limitations that may restrict its agricultural capability: Class 4 — Land in this class has severe limitations that restrict the choice of crops, or requires special conservation practices and very careful management, or both." Due to these limitations, the proposed project land is not currently being used for agricultural purposes. However, the majority of the surrounding lands are currently in agricultural production and actively cropped. • r- �^ wr 1 1 { IJ _ J }`.S i •tY _ +.. T Y The lands proposed to be used are classified in Clarington's Official Plan as "Prime Agricultural ". The Soil Capability for Agriculture (CLI) classifies the project lands as CLI — Class 4 lands which are defined by the Ministry of Energy, Ministry of Agriculture, and Food and Rural Affairs: "Non -prime agricultural land includes CLI Classes 4 through 7. This land has severe limitations that may restrict its agricultural capability: Class 4 — Land in this class has severe limitations that restrict the choice of crops, or requires special conservation practices and very careful management, or both." Due to these limitations, the proposed project land is not currently being used for agricultural purposes. However, the majority of the surrounding lands are currently in agricultural production and actively cropped. • Municipality of Clarington Report PSD- 039 -15 2.4. Project Details Paqe 4 A capacity evaluation of the Hydro One Port Hope Transformer Station (TS- DESN1) using the closest feeder (M18) has shown that there is available capacity on the system for the project. Independent Electrical System Operator requires visual screening of the facility. A three metre wide and three metre high natural vegetation screen needs to be planted within five years. It will be made up of non - invasive locally significant species with a mix of 60% coniferous and 40% multi -stem deciduous. A two metre high security fence will be installed behind the natural visual screening. A small temporary garage will be required to store maintenance equipment such as weed and tree trimmers. There will be two concrete pads needed, one to support the inverter that connects direct current (DC) produced by the panels to alternating current (AC) that is used to transmit the power through the grid. The second pad will be needed to support the transformer that steps up the voltage to be in sync with the 44 Kilovolt (Kv) voltage on the Hydro One distribution system. 3. Clarington Criteria for Reviewing FIT Project Applications 3.1. Strategic Plan Conformity The project is compliant with the Strategic Plan's objective of "promoting green initiatives" as it creates sustainable renewable energy. Environmental impact during construction will be managed and mitigated. 3.2. Community Benefit In -kind contributions will be through offering access to the facility for educational and training purposes for students of the College of Renewable Energy and Durham College studying renewable energy. 3.3. Financial Implications There will be no financial burden on Clarington as a result of this project. 3.4. Community Consultation The project is located in a rural area however, the developer will personally notify the neighbours of the property to inform them of the plans and seek their input. 3.5. Property Use Risk Mitigation This is not applicable as this is a ground mounted project. 3.6. Official Plan Policies and Zoninq Requlation The Official Plan policies and zoning regulations allow for the proposed use as accessory to the agricultural operation. M Attachment 1 to Municipality of Clarington Report PSD- 039 -15 Resolution of Support for Roof Top Solar-Projects WHEREAS Carbon Footprint Offsetters (the applicant) proposes to construct and operate a ground mounted solar array (the "Project ") on a farm located at 160 Morgan's Road, Newtonville (the "Lands ") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. UM Municipality of Clarington Report PSD- 039 -15 3.7. Physical Impact on Streetscape Page 5 Setbacks are not typically applicable for.ground mounted solar facilities however, if the municipality deems a setback is necessary, the applicant is willing to conform to the setback resolution. The applicant has indicated that they intend to comply with the Independent Electricity System Operator's requirements for visual screening from the road. The screening is required to be three metres wide and three metres high and consist of natural vegetation. The applicant has indicated that the solar panels will be less than three metres in height so there should be minimal impact on the streetscape once the screening is in place. 4. Concurrence Not Applicable 5. Conclusion Staff recommend that the Municipal Council Support Resolution Confirmation for Carbon Footprint Offsetters (Attachment 1) be endorsed by Council. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: .l�P� / eviewed by-- (D) vtb J. CromeCMCIP, RPV Director of Planning Services (--t� -( � �;C7,xc Franklin Wu, Chief Administrative Officer Staff Contact: Brandon Weiler, Planner, 905 - 623 -3379 ext. 2424 or bweiler @clarington.net Attachments: Attachment 1 - Resolution The following is a list of the interested parties to be notified of Council's decision: Edward J. Leader, Carbon Footprint Offsetters FL /BW /HD /df 8 -41 Operations Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: File Number: Report Subject: 2015 Winter Budaet Recommendations: ort Resolution: By -law Number: 1. That Report OPD- 008 -15 be received for information. 10 -1 Municipality of Clarington Report OPD -008 -15 Report Overview Page 2 This report provides Council with an overview of the 2015 winter maintenance program costs from January 1St to May 29th, 2015. 1. Background 1.1. From January 1St to May 29th the Operations Department incurred 5,016 hours of total overtime for winter maintenance activities. The following is a comparison of overtime costs for the same period over five years: Year Over Time Hours Double Time Hours Lieu Time Hours Total Hours Cost 2011 2,204.5 1,213.0 1,211.5 4,629.0 $ 217,242.00 2012 1,589.0 357.5 1,022.0 '2,968.5 $ 128,255.47 2013 1,985.0 412.0 977.5 3, 374.5 $ 162,142.10 2014 3, 917.0 1,51 0 753.5 6,181.5 $ 264, 443.20 2015 2,591.0 1,234.5 1,190.5 r 5,016.0 $ 240, 620.98 1.2 During the first four month period the Operations Department provided 45 responses, which included 30 snow clearing; 2 freezing rain; 6 icy patches; and 7 for drifting /clean- up. Please note in the following table the total number of our responses for the 2015 winter season compared to the previous four years. Year Jan Feb Mar Apr Total 2011 19 17 8 - 44 2012 18 13 1 - 32 2013 14 17 6 2 39 2014 26 18 9 1 54 2015 17 19 8 1 45 2.1. For 2015 Council approved a winter maintenance budget of $1,924,533; plus $191,400 for sidewalks and parking lots and $50,000 for the Senior and Physically Disabled snow clearing contract. 10 -2 Municipality of Clarington Report OPD- 003 -15 2.2. Winter Maintenance: As of May 29th, 2015 the following table illustrates the expenditures incurred. Winter Control 2015 Budget 2015 Actual Variance Winter Plow /Sand $ 1,585,564.00 $ 1,676,074.00 - $90,510 Winter Mtce Other $ 338,969.00 $ 444,783.00 - $105,814 Total: $ 1,924,533.00 $ 2,120,857.00 - $1961324 Page 3 The variance of the 2015 winter annual maintenance budget to actual up to May 29th of ($196,324) includes an estimated sand /salt end of season inventory value of $175,500. Included in the above total is the 2015 cost of $116,556 to provide winter maintenance to unassumed developments, which is recovered from developers. 2.3. Sidewalk Snow Clearing Contract: The total 2015 budget for this program is $191,400 with an actual expenditure of $133,957 as of May 4th, 2015. Below is a table of call -out statistics for this program from January 2011 to April 2015: Year Jan Feb Mar Apr Nov Dec Total 2011 14 16 7 0 0 7 44 2012 12 12 1 0 0 6 31 2013 11 16 4 0 4 24 59 2014 22 17 7 0 3 4 53 2015 14 17 4 0 n/a n/a 35 2.4. 2014 - 2015 Senior Citizens and Physically Disabled Sidewalk Program: The total budget for this program for 2015 is $50,000 with an actual expenditure of $57,240 as of March 31St, based on the 297 registrants received. Below is a table of call -out statistics for this program from January 2011 to April 2015: Year Jan Feb Mar Apr Nov Dec Total 2011 8 12 3 0 0 7 30 2012 8 5 1 0 0 6 20 2013 4 11 4 0 1 9 29 2014 12 10 2 0 2 3 29 2015 9 13 3 0 n/a n/a 25 10 -3 Municipality of Clarington Report OPD- 008 -15 2.5. 2014 — 2015 Senior Citizens and Physically Disabled Sidewalk Program Statistics: Area 2014 -2015 Season 2013 -2014 Season New Returning Total New Returning Total Bowmanville 32 98 130 28 93 121 Burketon 0 1 1 0 1 1 Courtice 32 81 113 36 59 95 Enniskillen 1 1 2 0 2 2 Hampton 0 3 3 1 2 3 Newcastle 13 25 38 8 21 29 Newtonville 1 1 2 0 3 3 Orono 0 8 8 0 9 9 Totals 79 218 297 73 190 263 3. Concurrence Not Applicable 4. Conclusion IN The current expenditure reflected in this report is based on year to date actual. Staff will continue to provide storm updates to you throughout the fall and winter and will report to Council in early 2016 on the costs of the 2015 winter maintenance program. Not applicable. r Submitted by: Z Reviewed by: Fr6eri k J. Horvath Franklin Wu, B.�_, R.- M.R., R.R.F.A Chief Administrative Officer Director of Operations Staff Contact: Fred Horvath, 905 - 263 -2291 ext..523 There are no interested parties to be notified of Council's decision. FJH /kr 10 -4 Community Services L =0 If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: CSD- 008 -15 Resolution: File Number: N/A By -law Number: Report Subject: Older Adult Strategy Governance Recommendations: 1. That Report CSD- 008 -15 be received; 2. That Council provide direction regarding a preferred option and associated actions as presented in this Report: Option 1 — Status Quo That By -law 2011 -106 be amended to reflect a revised structure and the current standard appointment process for municipal boards and committees. Option 2 — Merging Staff Teams -That By -law 2011 -106 be repealed effective January 1, 2016. -That all Clarington Older Adult Association (COAA) memberships be amended to expire on or before December 31, 2015, and pro -rated refunds be issued by the Clarington Older Adult Centre Board (COACB) for existing memberships with an expiry date after December 31, 2015. -That staff develop a Terms of Reference for a Clarington Older Adult Advisory Committee for Council approval. -That all existing full time COAA staff be offered a position within the Community Services Department staffing structure. 12' -1 Municipality of Clarington Report CSD- 000 -1 5 571FA -That the Community Services Department develop a 2016 Older Adult Budget as part of the overall Community Services 2016 budget submission. Option 3 — Hybrid -That By -law 2011 -106 be repealed effective January 1, 2016. That staff develop an Agreement for the use and operation of 26 Beech Avenue by the COAA as a registered not - for - profit corporation. -That the Agreement identify that the minimum qualifying age for membership with the COAA be established at 60 years with the exception of current COAA members between the ages of 50 -59 years who will be grandfathered. -That the COAA update the organization's information with the Province of Ontario Ministry of Government Services in regard to their corporate status. -That the mandate of the Community Services Department be expanded to include responsibility for community programming for adults age 60 years and over living in Clarington effective January 1, 2016. That the Community Services Department be given budget approval to recruit and hire an Older Adult Co- ordinator and Older Adult Programmer (non - affiliated positions) with a start date of August 2015, at a cost of approximately $72,400 including salaries and benefits for 2015. -That the Community Services Department be given 2015 budget approval for $40,000 for capital equipment purchases for the dedicated space at the Courtice Community Complex and that the necessary funds be accessed from the Community Services Capital Reserve Fund. -That the Community Services Department develop a 2016 Older Adult Budget as a part of the overall Community Services 2016 budget submission. That the COACB be directed to liaise with the Municipal Director of Finance / Treasurer on the development of a revised 2015 budget. Option 4 — COAA "Vision" Business Plan That Council adopt the COAA "Vision" Business Plan (Attachment 4) as the preferred option in providing Older Adult services; and 3. That all interested parties listed in Report CSD- 008 -15 and any delegations be advised of Council's decision. 12 -2 Municipality of Clarington Report CSD- 008 -15 Report Overview e. 3 This Report is a follow up to the Older Adult Strategy which was presented to Council at the March 30, 2015 General Purpose and Administration Committee meeting. The Report provides the results of the requested Older Adult Services Satisfaction Survey, as well as four options, which includes the Clarington Older Adult Centre Board's Business Plan, for Council consideration. Staff is seeking Council direction on a preferred option for Older Adult service delivery moving forward. 1. Background At the General Purpose and Administration Committee meeting held on March 30th Report CSD- 003 -15 was considered by Committee. Along with the Report, Committee received a presentation from the Consultant Todd Brown, Monteith Brown Planning Consultants. At the April 13th Council meeting Council passed the following resolution: "That Report CSD- 003 -15 be received; That the Clarington OlderAdult Strategy (Attachment 1 to Report CSD- 003 -15) be considered by Council, That staff undertake a comprehensive survey of seniors, community wide, on the satisfaction level with the COACB; That the COACB be requested to provide their business plan to deal with the gaps identified in the consultant's report; That the survey findings and plan be considered by staff and provided to Members of Council, That the Clarington Older Adult Centre Board provide detailed information and appropriate documents both confidential and otherwise, as requested by the Community Services Department, in order to allow for full impact analysis for Council consideration; That staff report back on an implementation plan, timeline and the financial impact of transferring the responsibility of the provision of older adult recreation services to the Community Services Department and other options to be explored, That staff report back with a recommended Terms of Reference for a Clarington Older Adult Committee; That the Older Adult Steering Committee members be thanked for their contributions to the process; and 12 -3 Municipality of Clarington Report CS10- 008 -15 Page 4 That all interested parties listed in Report CSD- 003 -15 and any delegations be advised of Council's decision." On May 6t", the Community Services Department hosted an Older Adult Strategy Open House at the Garnet B. Rickard Recreation Complex. -The Open House was attended by approximately 200 people who primarily represented the Clarington Older Adult Association (COAA). There was a presentation by the Consultant followed by a question and answer period. 2e Older Adult Services Satisfaction Survey Staff were directed by Council to undertake a comprehensive survey of seniors, community wide, on the satisfaction level with the Clarington Older Adult Centre Board (COACB). A survey was developed and distributed throughout the Municipality of Clarington at local municipal facilities as well as close to 200 local businesses and establishments. The survey was promoted on the Municipality's website, social media and through email blasts to Community Services Department (CSD) members and program participants. As well, paper copies of the survey, posters and collection boxes were placed at: • Municipal Recreation Facilities • Clarington Public Library — Bowmanville, Newcastle and Orono branches • Clarington Museum — Sarah Jane Williams Heritage Centre • Clarington Beech Centre The survey was available for a two week period from Tuesday, April 28 through to Tuesday, May 12. Overall, 813 total responses were received; 73% of respondents are current Clarington Older Adult Association members and 27% past or non -COAA members. Included for Council's information is a summary of the survey results (Attachment 1A). In addition, some of the results are further expanded upon in this section. Of the 27% that identified as being a past member or non -COAA, 24% of that group indicated they had been previous members, while the remaining 76% responded that they have not been a member of the COAA in the past. Of the past or non -COAA members who completed the survey, some respondents provided comments to explain why they were not a member / no longer a member of the COAA. These comments are summarized in Attachment 1 B. 2.1 Demographic Profile of Survey Respondents Age (n =796) 12 -4 Municipality of Clarington Report CSD- 008 -15 • The average age of the respondents was 76 years (year of birth: 1939) • 51 % were Boomers between the ages of 50 and 68 • 40% were seniors age 69 and older • 9% of respondents did not indicate their year of birth Location (n =780) 60% live within the Bowmanville area (LIC) • 13% live within the Courtice area (LIE) • 17% live within the Newcastle area (L1 B) • 7% live outside of urban Clarington (LOB) 3% of respondents indicated postal codes outside of Clarington Marital status (n =802) • 5% are single • 4% are living common -law • 64% are married • 8% are separated or divorced 19% are widowed Living arrangements (n =805) • 84% live independently • 14% live with family / friends 1 % have alternate / other living arrangements *5 respondents indicated living in assisted living or long -term care facilities Gender (n =804) • 72% are female • 28% are male 5 The survey attempted to determine the familiarity of the respondents with the operation of the COAA and the role of the COACB. Of the current COAA members who responded, 94% indicated they were aware the COAA is operated by a volunteer Board of Council and 84% were familiar with the role of the COACB and the work that they do. Past or non -COAA members were not as aware of the composition or role of the COACB as members; 73% were aware the COACB was operated by a volunteer Board of Council and 61 % were familiar with the role of the COACB and the work that they do. Of the current COAA members who completed the survey (n =596), 38% indicated they had been a member for over five years. Of the total current membership, 51 % of the 12 -5 Municipality of Clarington Report CSD- 008 -15 Page 6 members participate in programs / activities at the COAA 1 -2 days a week, while 24% participate 3 -4 days a week and 9% attend less than once a month. Current COAA members were asked to rate their satisfaction level with the following as they relate to their participation at the Clarington Older Adult Association: • Recreational activities (58% satisfied /very satisfied) • Educational activities (63% satisfied / very satisfied) • Fitness activities (68% satisfied / very satisfied) • Social activities (69% satisfied / very satisfied) • Opportunities to volunteer (59% satisfied / very satisfied) • Socializing with friends (80% satisfied / very satisfied) • Other (61 % satisfied / very satisfied) The past or non -COAA member respondents indicated a high activity level, with close to 100% participating in some form of passive or active recreational pursuit at various locations including recreation centres, libraries and church / faith based organizations. While they are not current COAA members, 69% of the respondents identified belonging as a member to a formal organization or club such as a fitness centre, faith based group or sport team / club. All respondents were asked to identify their agreement with the following statements: • I feel I have a voice in activities / services offered by the COAA (60% agree / strongly agree) • I feel valued through my participation with the COAA (67% agree / strongly agree) • I feel the programs / activities offered by the COAA meet my needs (74% agree / strongly agree) • I feel there is a wide variety in types of programs / activities available through the COAA (82% agree / strongly agree) • I feel encouraged to take on a volunteer role with the organization (32% agree /strongly agree) Overall, the COAA members who responded to the survey were satisfied with the programs and opportunities available to them at the COAA and feel like they have a voice and are valued through their participation. Survey respondents were asked to suggest ideas to improve recreation opportunities for older adults in Clarington. These suggestions are summarized in Attachment 1 C. 3, Options The Older Adult Strategy contemplated two staffing options with strengths and challenges identified for both options (pg. 58, Older Adult Strategy.) i7±II� Municipality of Clarington Report CSD- 008 -15 Page 7 Staffing Option One — The Status Quo Staffing Option Two — Merging the Staff Teams (of Clarington Older Adult Centre Board and Community Services Department) Of the two staffing options, Option Two — Merging the COACB staff within the CSD was the model recommended by the consulting team. For the purpose of this Report, staff have identified an additional option for the consideration of Council. This option is identified as Option 3 (Hybrid Option), which provides for a blended approach to providing older adult services to our community. Also, as requested by Council the COAA has prepared a Business Plan identified as Option 4 (COAA "Vision" Business Plan) and is submitted as Attachment 4 to this Report for the consideration of Council. 3.1 Option 1 — Status Quo The Municipality of Clarington, Community Services Department provides recreation, aquatics and fitness programming and facilities for our residents. Our focus is on general activities that reach and include a broad section of our residents. Direct recreational and leisure programming for older adults has traditionally been provided by the Clarington Older Adult Centre Board. Programming occurs primarily at the municipally owned Beech Centre, located at 26 Beech Avenue, Bowmanville, with partnership programs in satellite facilities in other communities within Clarington. There is an opportunity for service delivery of older adult recreation programming to remain unchanged, however, at a minimum, consideration should be given to amending the current structure of the Board and appointment process to align with the standard Council approved procedure for other municipal boards and committees. This change is intended to ensure that a new governance structure and composition reflects the needed skills, competencies, varying backgrounds, diversity and balance with current member and non - member representation, taking into account a Clarington -wide focus of the Board. This change would require amendments to Municipality of Clarington By -Law 2011 -106 (Attachment 2). Changing the Board appointment process would not only standardize the COACB with most other Boards of Council but should allow for a more diverse Older Adult Board in terms of geography (currently 82% of the Board reside in Bowmanville), varied skills / backgrounds and diverse populations. In addition, under this option the Board would represent the needs of both members and non - members, reflecting a municipal wide purview for older adult services. It is understood that if this option is selected the responsibility for implementation of the 40 plus recommendations contained within the Older Adult Strategy would be the 12 -7 Municipality of Clarington Report CSD- 008 -15 Page 8 responsibility of the COACB. The COACB would be expected to report to Council accordingly on their implementation plan progress. As this option is really a continuation of the existing model timing is really not a consideration. If a change to the Board selection process were to take place it would be recommended that By -law 201,1 -106 be amended in the fall to, reflect the standard appointment to boards and committees with the recruitment process beginning as soon as the changes to the By -law are approved. Financial Implications The Municipality of Clarington provides significant funding to the COACB through an annual grant. Since 2010, the Clarington Older Adult Association has received $1,251,725 in funding from the Municipality. Zfl�l GRANT $132,000 $170,500 $180,225 $204,000 $255,000 $310,000 % INCREASE *29.2% 5.7% 13.2% 25% 21.6% In 2011 the COACB assumed responsibility for utility costs for 26 Beech Avenue and a portion of the increased grant was to off -set these transferred costs. As the COAA grows and expands to continue to meet the needs of the growing older adult demographic and its reach into various outlying communities within the Municipality, additional resources (physical and human) may be required. Moving forward, efforts most be undertaken to implement predictable budget submissions, allowing the Board and Council to plan effectively for the future growth. Focus on Growth Should Council choose to remain status quo with service delivery for older adults, an emphasis will need to be placed on offering more support and connection with the self - determining groups in our community that offer programs and services to older adults. This will build relationships, avoid duplication and encourage participation and engagement of our volunteer and older adult community. 3.2 Option 2 — Merging the Staff Teams Currently, the delivery of recreation services for older adults rests with the COACB, the Municipality and various for - profit and not - for - profit organizations. The two primary providers are the Clarington Older Adult Centre Board and the Community Services ii' Municipality of Clarington Report CSD- 008 -15 Paae 9 Department. The Older Adult Strategy recommends a merging of the two staff teams in an effort to increase capacity and staff time to address current and future needs. The Consultants identified duplication of efforts between the COACB and the Municipality in terms of administrative process for payroll, budget, purchasing, promotion, human resources, recruitment, hiring and training, registration and communications. By merging the two staff teams it assumes that staff time could be more efficiently utilized, providing more opportunities for older adults to be active and involved in the community. One of the other key observations noted in the Strategy was a greater focus on collaboration and building capacity. The plan recognizes that the most efficient way of increasing participation is to support the development of self- organized and self - governing groups. While there are currently many such groups in Clarington better collaboration, communication and a collective and ongoing look at gaps in services will most effectively service the residents into the future. This option is the most complex with a number of factors that need to be reviewed and understood. In this section of the Report staff will provide an overview of the required action items and any known associated financial impacts. The Clarington Older Adult.Centre Board / Staff In order to merge the two staff teams, Council would be required to repeal By -Law 2011- 106, which would formally dissolve the Board and all of its delegated powers. At that time, all Clarington Older Adult Centre Board employees would become employees of the Municipality of Clarington. The Municipality would be required to recognize the employee's prior service and would be liable for any outstanding wages or entitlements. Confidential Attachment 3 is a summary of all current full time positions (does not include part time positions) and associated compensation and current entitlement details. Merging the Older Adult staff into the Community Services Department would require a review of each position and associated responsibilities and tasks. For the most part, as the work being done by COACB staff is quite similar in nature to services the Community Services Department provides for other demographics, it is anticipated that most positions will fit seamlessly into the existing structure within Community Services. All applicable positions moving into the Municipality will be subject to the municipal pay equity process. For the purpose of attempting to identify all costs associated with this option a preliminary review has been completed which anticipates where current full time COACB positions would be placed on the municipal grid. The anticipated annual net increase of moving six full time positions into the Municipality from the COACB is estimated to be $143,700, which includes the anticipated difference in salary, benefit costs and the employer portion of the OMERS pension contribution. From a revenue perspective there would also be a potential impact under this option. Currently the COAA charges an annual "membership fee" ($25.00) to participate in programs and services of the COAA. This fee is in addition to any ticket price, drop -in or registration fee. This represents approximately $39,000 in annual revenue for the 12 -9 Municipality of Clarington Report CSD- 008 -15 Page 10 organization. The Municipality typically does not sell a "membership" to be able to register for programs and services. Any memberships that the Community Services Department currently sells are inclusive of associated services / programs (i.e. swim, fitness centre); additional fees are not charged. If older adult programs and services became a function of the Community Services Department membership fees would cease to exist and any associated revenue would not be realized. Currently the COACB rents the Beech Centre to other organizations and private functions. These rentals provide another source of revenue for the organization. The Community Services Department is also in the business of facility rentals. Under the operation of the Community Services Department facility rentals would continue, however, a review of ongoing rentals and rental types would be undertaken, and consideration would be given to the location and its proximity to the existing residential neighbourhood. Any changes in this area could result in a potential loss of revenue. Should this option be selected the transition will begin in the fall of 2015, with the official transition of staff and programming moving into Community Services on January 1, 2016. For the 2016 year, all annualized costs would be further refined and added to the 2016 CSD budget submission. It is clearly understood that the costs would be committed to prior to final 2016 budget approval and are in essence a "pre- budget" approval of a tax levy increase. In undertaking this review there has been much discussion about the important role that volunteers play with the COACB. In this option it assumes the valuable work done by the many volunteers would continue. It would not be financially feasible to replace existing volunteer hours with paid staff. Should the volunteers decide to withdraw their support it would be necessary to adjust the current levels of service. In addition, it would be staff's recommendation that the results of any fundraising efforts undertaken by the volunteers be re- invested into older adult services at the discretion of a new Older Adult Advisory Committee. In this option the role of the COACB would change from one of governance to advisory. The governance (management of day to day operations) for older adult services would rest with the Municipality. An Older Adult Advisory Committee could be formed to work co- operatively with staff with a municipal wide focus providing advice and guidance on community outreach, gaps in service, marketing and communications. A Terms of Reference would be required for this committee and would be completed and forwarded to Council for approval upon selection of this option. Since the release of the Older Adult Strategy there has been significant concern about the potential impact on current COACB staff. It is staff's position that under Option 2 all current COACB full time staff will be offered a position within the Community Services Department. Should individuals choose not to accept the employment, a summary of potential termination costs have been provided in Confidential Attachment 3. 12 -10 Municipality of Clarington Reoort CSD- 008 -15 Estimated Annual Cost of Option 2 (Costs Associated with Merging of COACB and Municipal Staff) Additional Staffing and Salary $97,700 Benefits Costs Pension Plan $19,200 Loss of Membership Revenue Loss of Fundraising Revenue Potential Loss of Facility Rental Revenue Total Estimated Annual Impact Benefits Total Community Services would discontinue the membership registration fees but programs and services would continue. It is anticipated that fundraising efforts will continue by volunteers, however, it is recommended that the use of these funds be at the discretion of the new Older Adult Advisory Committee. $26,800 $143,700 $39,000 $68,200 Unknown $250,900 Estimated One -Time Cost of Option 2 (Costs Associated with Merging of COACB and Municipal Staff) COAA Outstanding Staff Vacation & Time in Lieu as of July 1, 2015 (One -time payment) Total Estimated One -Time Impact This is an estimation based $30,100 on January 1, 2015 entitlements and does not take into account vacation taken between January 1 — June 30, 2015 or lieu time accumulated since April 17th, 2015. $30,100 11 12 -11 Municipality of Clarington Report CSD- 008 -15 3.3 Option 3 — Hybrid Option Page 12 As seen through the public consultation for Clarington's Older Adult Strategy and the recent Older Adult Services Survey, there is a high level of satisfaction by COAA members with the services provided by the COAA. There is a strong desire of the current COAA members to continue to operate programs, primarily at the Clarington Beech Centre, independently by a volunteer Board. Members expressed through the Older Adult Services Survey the sense of family experienced at the Clarington Beech Centre, which brings people together, improves the quality of life and provides health and social benefits to the members. However, through the Older Adult Services Survey, staff also heard from past or non COAA members who do not currently participate in COAA activities for a variety of reasons including: • Program opportunities do not meet their needs • Do not identify as an older adult • Do not feel welcome at the COAA • Schedule of activities does not meet their needs In order to provide opportunities for the greater population and meet the needs of older adults in our community, staff is also submitting a "hybrid" option for Council's consideration. Through the Hybrid Option, the COAA could continue to operate as a not - for - profit corporation (which they were until 1991 when they were converted into a Municipal Service Board) retaining the Beech Centre as a hub for local older adult services, particularly those that cater to an older demographic, emphasizing social connections and healthy living. As a not - for - profit corporation, employing Section 110 of the Municipal Act, which provides property tax relief for a municipal service, the organization would have autonomy over the operation of the Clarington Older Adult Association. A By -law or Agreement would be necessary to clearly articulate the terms and conditions relating to the use of municipal property at 26 Beech Avenue. This arrangement would be similar to other current recreation based associations operating in Clarington; for example Darlington Soccer Club, Clarington Girls Hockey Association, Clarington Swim Club, Clarington Minor Lacrosse Association, Bowmanville Figure Skating Club, to name a few. While typically it is expected that these organizations are self- funded through membership and user fees, providing annual grant / funding to the COAA would be at Council's discretion. The mandate of the Community Services Department would be enhanced in this model to provide community based recreation opportunities for older adults aged 60 years and over in municipal recreation facilities, and in time community hall boards across the Municipality (except 26 Beech Avenue). 12 -12 Municipality of Clarington Report CS®- 008 -15 Page 13 There would be a benefit for both organizations to continue to foster relationships and develop partnerships with local self- determining groups who also provide recreation opportunities for older adults in our community. The Older Adult Strategy identifies that the percentage of older adults ages 65 years and over will increase 126% by 2031 (10,250 in 2011 to 23,160 in 2031). When we look at older adults aged 50 years and over the number increases to 41,220 in 2031. This significant population growth coupled with increasing penetration rates will have a dramatic effect on costs to provide services regardless of who is providing the service. Today many individuals between 50 and 59 years do not identify with being an "older adult" and generally are capable of pursuing independent, self- directed leisure opportunities. Based on 2014 membership by age statistics less than 10% of the COAA membership is 59 years or younger despite qualifying for membership at 50 years. Currently Community Services uses 65 years as the minimum for age discounted programs. The Older Adult Strategy recommends a common minimum age for older adults as 60 years for both organizations in order to focus service delivery on the demographic who are likely at greatest need for the services (those 60 years plus) and to control the costs of providing the services. Staff concur with this recommendation, however, recognize that there are current COAA members who would no longer qualify for membership. In these cases staff recommend that these individuals be grandfathered under the 50 plus age requirement if they wish to continue to participate with the COAA. If Council selects this option it is recommended that an effective date of January 1, 2016 be established for Community Services to assume responsibility for community programming and for By -law 2011 -106 to be repealed and replaced with an Agreement regarding the use of 26 Beech Avenue. This allows time for both organizations to put the necessary plans in place to focus on their new mandates. Financial. Implications As a result of limiting the reach of the COACB to one facility and thereby reducing the amount of services provided through that organization, Council should expect to see a reduction in the amount of funding required by the COABC through the annual budget process. Under this option it would be expected that the Board would work with the Municipal Treasurer on the development of a revised 2015 budget (eliminating budgeted funds that were included for the Courtice dedicated space operation) and then submit a 2016 budget based on a revised scope of activity. The COACB should at all times employ a thoughtful planning process when determining their program offerings and consideration should be given to evaluating membership / program fees and options, and manage program schedules based on attendance / revenue targets, increased reliance on volunteers, and continued attempts to secure external funding through a variety of methods (i.e. grants, sponsorships, donations, fundraising), in order to provide an economical and responsible recreation opportunity for older adults. 12 -13 Municipality of Clarington Report CSD- 008 -15 Page 14 Currently, the Community Services Department services older adults through adult programs and activities such as aquafit, group fitness classes and fitness training facility, public swimming, skating programs and various recreation programs. Should the mandate of the Community Services Department be expanded to include community wide older adult programming a compliment of full time and part time staff would be required to implement the necessary programs and services. In order to have plans in place for the opening of a Courtice older adult centre and community wide programming for January 1, 2016 it would be necessary to have a full time Older Adult Co- ordinator and Older Adult Programmer (non - affiliated positions) in place for August 2015. These individuals would work on program development, winter community guide submission, staff recruitment, hiring and training as well as marketing and promotion in order to prepare for the launch of the new services. Community Services Department Funding Request 2015 (5 months) 2016 (12 months) Full Time Staff (Non Affiliated) - 2 positions Salaries $54,000 Salaries $129,000 Benefits $13,500 Benefits $32,300 OMERS $4,900 OMERS $12,800 Total $72,400 Total $174,100 Capital Furnishing and Equipment (CCC) $40,000 $10,000 (Estimate) For 2016, an annual budget would be submitted for Council approval as a part of the overall Community Services Department budget. There would be no additional full time positions associated with this function requested at that time and the majority of expenses would be related to program instructor fees, operating expenses for programs and services, and contracted services for entertainment, all of which would have associated revenues. It is clearly understood that the costs noted above would be committed to prior to final budget approval and are in essence a "pre- budget" approval of a tax levy increase. 3.4 Option 4 — COAA "Vision" Business Plan The COACB has provided their COAA "Vision" Business Plan for Council's review and consideration, included as Attachment 4 to this Report. 12 -14 Municipality of Clarington Report CSD- 008 -15 Page 15 4. Financial Considerations Financial consideration for this Report varies depending on the option selected. Financial implications are presented within each option or attached for Council's consideration and have been prepared in consultation with the Director of Finance / Treasurer. 5. Concurrence This Report has been reviewed by Marie Marano, Director of Corporate Services, Nancy Taylor, Director of Finance / Treasurer and Andy Allison, Municipal Solicitor who concur with the recommendations. 6. Conclusion It is respectfully recommended that Council select a preferred option for the provision of older adult services in Clarington. Once a preferred option has been identified staff will draft revised documents as necessary (By -laws, Terms of Reference etc.) for Council approval. 7. Strategic Plan Application Not applicable. Submitted by: Joseph P. Caruana, Director of Community Services Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Sharon Meredith, Manager of Recreation, 905 - 623 -3379 ext. 2504 or smeredith @clarington.net Attachments: Attachment 1 — Clarington Older Adult Survey Results Attachment 2 — Municipality of Clarington By -Law 2011 -106 Attachment 3 — "CONFIDENTIAL" Summary of COACB Full and Part Time Positions and Entitlements Attachment 4 — COAA "Vision" Business Plan 12 -15 Municipality of Clarington Report CSD- 008 -15 The following is a list of the interested parties to be notified of Council's decision: Muriel Moynes, President, Clarington Older Adult Centre Board Alan Tibbles, Vice President, Clarington Older Adult Centre Board Angie Darlison, Executive Director, Clarington Older Adult Centre Board Cathie Ward, Past President, Clarington Older Adult Centre Board Steve Coles, Steering Committee Member John Coffey, Steering Committee Member Julie Michalejko - Earle, Steering Committee Member Audrey Andrews, Manager of Diversity and Immigration, Region of Durham, Steering Committee Member Larry Gilks JPC /SMNVG 12 -16 M Are you currently a member of the Clarington Older Adult Association (COAA)? - Yes 73% (596) No 27%(217) 3813 total responses, 97 %ofsubmissions Attachment 1A to CSD- 008 -15 How long have you been a member of the Clarington Older Adult Association? Less than i year 12% (72) 1 -3 years 28%(163) 3 -5 years 23 %(135) More than 5 years 38%(222) * 592 total responses, 71% ofsubmissions As a member, how often do you participate in programs / activities at the COAA? 4+-days a week 6%(33) 3 -4 days a week 24% (143) 1 -2 days a week 1 -2 days a month 11%(63) Less than once a month 9%(50) 588 total responses, 70%ofsubmissions 51%(299) 12 -17 Why do you come to the C ®AA and how satisfied are you with the opportunities below: Very ■Unsatisfed Unsatisfied Don't Know I ■ Don't Participate Recreational Activities (eg. Bingo, Bridge, Woodworking, etc.) Educational Activities (eg. Language, Cooking, Computer, etc.) Fitness Activities (eg. Exercise Classes, Yoga, Urban Poling, Soccer, etc.) Social Activities (eg. Plot meals, Dances, etc.) Opportunities to Volunteer I Socializing with Friends 12 -18 Neutral ■ Satisfied D Very Satisfied Total Responses 60%(503) 60%(498) 63%(523) 62%(515) 58%(487) 62%(520) Other: Are you aware the Clarington Older Adult Association is operated by a volunteer Board of Council? Yes 94%(538) No 3%(19) Don't know 3%(17) x 574 total responses, 69% of submissions Are you aware of the role of the Clarington Older Adult Centre Board and the work that they do? 25%(207) Yes, quite familiar 39%(221) Yes, somewhat familiar - 45 %(253) No, not too familiar 12%(67) Not familiar at all 4% (20) Don't know 1% (5) s 566 total responses, 68% of submissions 12 -19 Please select if you agree or disagree with each of the following statements about the COAA: _. Strongly - Disagree Neutral ■agree Strongly J Disagree Agree Total ■ NIA Responses The staff (office and instructors) is 83%(489) 70% (589) friendly & welcoming The staff (office and instructors) is 71%(592) helpful & knowledgeable The volunteers are friendly & 84%(487) 70% (583) welcoming The volunteers are helpful & % 70%(587) knowledgeable The Board manages resources (human, 63%(370) 70% (585) physical & financial) effectively The Board provides strong leadership 64%(374) s9% (5$�) and direction to the ! organization 12 -20 As a Member, do you participate in activities at a satellite facility of the Clarington Older Adult Association (Courtice Community Complex, Newcastle & District Recreation Complex, etc.)? Yes j 39%(225) No 1 61%(348) * 573 total responses, 69% of submissions Why do you not participate in activities at a satellite facility of the Clarington Older Adult Association? Check all that apply. Not in my neighbourhood 52 %(132) Nothing of interest for me there 30%(76) Not affordable 1 %(2) Not the right environment for me 05%(12) Was not aware of these programs j 4% (9) LuJ Other 27%(70) - 255 total responses, 3796 of submissions 12 -21 Have you been a member in the past of the Clarington Older Adult Association? Yes 24 °%, (52) No Q 214 total responses, 26% of submissions Why are you not a member of the Clarington Older Adult Association? 84'/.(705) 16 %(131) Responses Blank ° 131 total responses, 16% of submissions Why are you no longer a member of the Clarington Older Adult Association? 94%(788) 76%(162) 6%(48) Responses Blank 48 total responses, 6 %ofsubmissions Are you aware the Clarington Older Adult Association is operated by a volunteer Board of Council? Yes j 73% (156) No ® 18%(39) Don't know 9%(19) * 214 total responses, 26 %ofsubmissions Are you aware of the role of the Clarington Older Adult Centre Board and the work that they do? Yes, quite familiar �- - - - 24 % (51) Yes, somewhat familiar No, not too familiar 2.4 %(51) Not familiar at all 13%(28) Don't know 3 % (6) 216 total responses, 26 %of submissions 12 -22 37%(80) What are you doing for recreation / social activity? Check all that apply. Sports — individual 28% (60) Sports — teams ® 10%(22) Fitness & health 58% (125) Gardening 57%(123) Reading _ i 61% (131) Music 33%(72) - Playing cards & games 30%(64) None 1 %(2) Other 39%(83) *215 total responses, 26%ofsubmissions Where are you participating in these recreation / social activities? Check all that apply. Recreation Centre / Facility Library Community Hall 11 %(24) Church / Faith -Based organization Museum 41/6 (9) Art Gallery 5% (11) None ' 10% (22) Other * 213 total responses, 25% of submissions 22%(46) 22%(47) 40%(85) 54'%(116) 12 -23 What organization(s) do you belong to as a member, if any? Check all that apply. Horticultural Society or Garden Club Art or Culture organization ® 7%(14) Service Club 11%(23) Fitness Centre / Gym 30%(62) Faith based group - 21%(44) Music / Choral group 8%(17) Hobby / Games group 6%(13) Sport team or club 15%(31) None 31%(64) Other 22%(46) * 209 total responses, 25% of submissions 12 -24 As a Non- Member, do you participate in activities at a satellite facility of the Clarington Older Adult Association (Courtice Community Complex, Newcastle & District Recreation Complex, etc.)? Yes 23%(48) No 77%(164) * 212 total responses, 25% ofsubmissions Why not? Check all that apply. Not in my neighbourhood - -- -- - — -- 15% (24) Nothing of interest for me there 19 %(30) Not affordable 2%(3) Not the right environment for me 16%(25) Was not aware of these programs 1 21% (33) Other 39%(63) 160 total responses, 19% of submissions 12 -25 Please rank your level of agreement with the following: Strongly iii Disagree Neutral ■ Agree - Strongly Disagree Agree 0 N/A 1 feel I have a voice in activities / services offered by the COAA 1 feel valued through my participation with the COAA feel the programs / activities offered by the COAA meet my needs i I 1 feel there is a wide variety in types of . programs / activities available through the COAA i I feel encouraged to take on a volunteer role within the organization 12 -26 Total Responses 94%(788) 94%(787) 95%(791) 94%(787) 92%(767) If you could suggest the top three things to improve recreation opportunities for older adults in Clarington, what would they be? 54'/.(455) - -- - — - 46%(381) f i i i Responses Blank *455 total responses, 54 %of submissions What are the first three digits of your postal code? 95%(796) 5%(40) Responses Blank *796 total responses, 95% of submissions What year were you born? 95%(796) 5%(40) Responses Blank * 796 total responses, 95% of submissions What is your gender? Male 1; 28% (228) Female * 804total responses, 96 %ofsubmissions 72%(576) 12 -27 Which of the following currently describes your marital status? Single 5% (41) i Living common -law , 4%(29) Married Separated or Divorced ■ 8%(67) Widowed 19% (151) I .. *802 total responses, 9645 of submissions Which of the following best describes your current living arrangements? 64%(514) Live independently 84 %(676) Living with family / friends 14-/.(112) Assisted Living 0%(4) Long -term Care + 0%(1) Other LI 1 %(12) *805 total responses, 96% of submissions 12 -28 Attachment 1 B to CSD- 008 -15 Survey Question: Why are you no longer a member of the Clarington Older Adult Association? Postal Code LOB • 1 plan on joining again as I really like all that it offers. • Programs offered at the centre are too seditary and do not allow active seniors opportunities especially in the aerobic activities. • They offer nothing for an active person like me. There are no programs with an aerobic base. There is no hiking, no running, no biking. no skiing. There are no outdoor activities in the winter. I am 66, not confined to a chair and not dead. • Went south for 6 mos but plan to rejoin shorlty. • Just have not gone in this year. • Currently not involved with activities there. I will be in the future. Postal Code L1 B • Time availability and quality /credentials of instructors. • Great organization, I am just too busy. Haven't got over yet but plan on it. • Lack of time to be involved this year. • 1 do not have the time. • We moved and are now involved in activities in Wilmot Creek, but many of my friends enjoy the Clarington Older Adult Association.as members and volunteers. Our friends thoroughly enjoy all the programs that are currently available through the COAA and feel like valued members of society through their volunteer work. Postal Code L1 C • Joined for the Baseball No more Baseball. • Have not joined any classes. • Class time conflicted with other obligations. • Do other volunteer work and do not have much time. Still help with grandchildren. • We winter in Florida and have not rejoined yet. 1 did a little traveling but will be rejoining again. I did a little traveling but will be rejoining again. • I have just been late joining again. Cost and do not use it. • Took computer and camera courses I needed Don't currently need any further training and attend concerts with partner who is a member. • The program I am interested in is during day and I do volunteer drives then. • The program I am interested in is during day and I do volunteer drives then. • Inappropriate behaviour of per S.14 MFIPPA 12 -29 Attachment 1 B to CSD- 008 -15 • 1 just haven't taken the time to renew it as I haven't been enrolled in an activity yet this year. • Too busy looking after grandchildren right now but intend on returning when my time frees up. • Only used membership once, didn't know anyone didn't return. • No particular reason. Just busy with other things, but will definitely go back. • It's a select click with ® as the ring leader. • 1 plan on resuming my membership this fall. I could not do my chosen activities (zumba, yoga, etc.) because of a shoulder problem but it is better now. • Have 'issues' with their neighbourhood co- operation. • Programs /events /time of day did not work with my schedule. • 1 originally came for my mother who has since moved out of the region. • I believe the COAA does NOT serve the best interests of the majority of older adults in Clarington - only their elitist members. • We were told by staff of the municipality we were not insured under the town's insurance umbrella if-we cycled outside of Clarington. Cycling all around Ontario was the reason we joined.We have formed our own group 3 C's, cycling group 96+ members, with a waiting list of 35. We arranged our own insurance„ we couldn't be happier. . • 1 was on various committees which were cancelled without notice, jobs taken away from some volunteers and given to others. The communication from the director was very poor. I was embarrassed by being told things in front of a group of people, when they should have been handled in private. I have had people approach me and say they see inappropriate behv'iour by a senior staff member, such as the sexual jokes. They were very uncomfortable and never went back. People don't like to speak up, and if you do, you could find yourself shut out of communications and that causes great embarrassment. • We cannot commit to the sign -up classes as we are out of town every other month. • Not using the services. • Just haven't renewed my membership. • Even though I am 63 and my husband 84, we feel as if we are too young for this organization. Postal Code L1 E • Our main interest is cycling and our territory was limited to Clarington so we have formed a cycling group outside of the Association. • On 3 separate occasions the courses that I signed up for had to be cancelled due to insufficient enrolment. It was too frustrating to pay for a membership and not be able to attend courses of interest to me. • Courses were not available when I wanted them. • Working. per S.14 MFIPPA 12 -30 Attachment 1 B to CSD- 008 -15 • We had a cycling club within the COAA that decided to leave due to controversy with the COAA director and the board president in 2013. We have since formed a new cycling club, the Clarington Cycling Club. • Have been very busy with my Charity, The Needlework Guild of Canada, Toronto Branch - time spent purchasing from jobbers, executive meetings, etc. did not allow me spare time to enjoy the activities Clarington Older Adult Assoc.present. Postal Code -Not Specified • Controversy re biking club. Responses of BOD of Coaa to biking members. per S.14 MFIPPA 12 -31 Attachment 1C to CSD- 008 -15 Survey Question: If you could suggest the top three things to improve recreation opportunities for older adults in Clarington, what would they be? Postal Code LOA • More opportunities /wider amount of programs offered at more facilities. Easier to access. • Larger Facility - central location. • Programs to be where older adults reside, not feeling that they must belong to a group in order to participate. I understand they do not need to belong to participate, but feeling that is necessary is the impression I get. • As a Primary Caregiver for my Aged Spouse I Cannot do More than Drop In at Newcastle Once a Week. So my Answer is N /A. • They have a variety of activities at the moment that meets what I want to do and more. • Take it over! Get rid of this lot ! Bunch of self serving whiners the municipality should be looking after it. Need more access in other communities outside of the BOWMANVILLE Exclusive. • Improved parking at the Beech, try to avoid too many activities on the same day as this limits choices, more large group activities at sites with ample parking. Postal Code LOB • Having a drop in rate for the fitness classes so members can attend an extra class or 2 if they are not full. • Cheaper water exercises Fitness centre in Newcastle Pool. • 1 think that the recreational opportunities for older adults in Clarington is presently being met by the COAA. • Find activities that would appeal more to men. A facility with better parking would be of help. • All that I need or want is already offered. They are perfectly organized. The municipality shouldn't take over. • Art in Newcastle. • They are fine the way they are now. • 1 believe a permanent, welcoming drop -in centre for COAA in Courtice would build a stronger enrollment for a larger variety of programs. I know people my age who hardly leave their homes. Maybe I could talk them into coming to the drop -in centre with me. We'll see how it goes in September. • Negotiating a free audit agreement with local colleges & universities. More opportunities to dance without a "partner ". • Could have Pickle Ball held in Kendal Town Hall Basically everything a senior could want to participate in the COAA is already providing. Reasonable cost. If the Town takes over the costs will go up. ® 12 -32 per S.14 MFIPPA Attachment 1C to CSD- 008 -15 • More prime time hockey space for adult hockey. • The only thing that they are missing is a pool and possibly tennis courts (if people were interested but most of them source out other option if they are interested. There are so many other options offered at the Center that I feel recreational opportunities are well covered. • Increasing availability of courses at Newcastle and Courtice. • More locations. • More advertising. • A larger Senior building with more rooms and parking. More satelite programs, Newcastle, Courtice & Bowmanville "new swimming pool" I think a Senior day Swim program with teachers would be a good.addition. Sorry our Ballroom advanced dance programs are gone. • Some Saturday activities or weekends Various computer courses as more services are accessed through internet. • Provide a speakers series - various topics (finance, music, travel, global awareness /issues, health, comedy etc) Recognize that there are two tiers of seniors now - 50 year olds are different than 80 year olds and typically although not always require different events /activities Better advertising as to what is . available. Young seniors are still traveling a It whereas 80 year olds are typically staying home more. Thus young seniors cannot be locked into an 8 week pay up front program because more often than not, they will be missing some time due to travel. Thus, young seniors need more flexibility with dropping in and out of programs /events. Hope this helps! Good Luck! • Improve use of and availability to sports facilities for older adults. ie. use of tennis courts for other court sports and to maintain those facilities. • Accessability; more programs, activites at nite. • If it isn't broken why fix it!!!. I think the programs the VOLUNTEER group provide are excellent and well advertised. I have volunteered over the years for various organizations and feel that often volunteer groups get more done than paid individuals with no personal commitment or connection. Spend the money on assisting with programs! I have recently been thinking about joining the group but as stated earlier my time is somewhat limited at the moment. • More active activities. • Try to get a buddy system going to encourage other seniors to come out. • Embrace a wide variety of activities even if you don't understand them don't assume all adults over 50 are sedentary accept advise from people who know more than you do, don't just dismiss them. • 1 think they are doing a wonderful job providing activities of all kinds for everyone. • Get rid of the board they don't speak for everyone. I would suggest to have shuttles from various facilities come to seniors residence and those with mobility issues. Have accessibility in all Recreation centers. • 1 really don't know much about coaa. per S.14 MFIPPA 12 -33 Attachment 1C to CSD- 008 -15 • The Centre is always accepting new ideas to try. Some things will be dropped if enrolment is too low. New programs are introduced over the internet between sessions - fall, spring to see if there is interest. You do not have to wait for the fall or spring booklet. • 1 have taken part in activities at the Oshawa Senior Centres and what I really enjoy is the feeling of community, from babies right up to senior seniors. So I prefer the likes of the Courtice or Newcastle complexes and to expand along those lines rather than keeping buildings strictly for seniors. • Have access to all recreation facilities of the municipality. • 1. Continue to keep cost of classes reasonable. 2. Continue to offer classes in a setting without children. • 1 don't think there is.any. • = in Courtice and the local help she gets there is fantastic but the overall COAA staff only cares about the Beech Centre. • Older adult programming to be offered in all our small villages and hamlets as well as the bigger centers you currently offer them in... raise the age to a more "age appropriate" age for a senior ie at least 60 offer a pass key to offer seniors a discount into all the rec facilities and programs offered in all the smaller communities that private groups have developed over the years... Postal Code L1 B • Discusion groups. • Bigger building More parking or a new location. • Don't know - most of the current activities do not interest me. Classical Music / Opera, lectures - perhaps a bus to Concerts; Opera, drama in Toronto; Stratford; Shaw (Niagara on the Lake) Festivals. • Pay as you go would be better than paying ahead of time if you are unable to go for variety of reasons !! Everything else couldn't be better, I love being a member if • Instructors with high degree of training in classes such as yoga and sports in which injury can occur. Otherwise coaa is a well run organization bringing people together and improving quality of life and health benefits for members. • More accessible parking, I'm happy with everything else. • Acsessabilty ,location,transportation. • 1 suggest the age for eligibility to join the COAA should be 60yrs. I have two daughter -in -laws who are 50 & if you suggested they were seniors they would be insulted. • Leave it alone. It is a treasure in our community. • (1) more accessiblity to programs in Newcastle, where I live. (2) convenient times in the evening (3) affordability. • Have more facilities available for people in various areas to attend.. Keep the COAA independent, not part of C.S.D. 12 -34 per S.14 MFIPPA Attachment 1C to CSD- 008 -15 • 1. Age group should be 60 and up. My children are 50 - do not call themselves Senior. 2. More parking. 3. Transportation for seniors who can't drive. • Evening programming. • One more afternoon of Duplicate Bridge. 0 By remembering we are not ALL doddering geezers once we're over the age of 60, you could offer: 1) Outdoor hiking adventures & social activities 2) Ongoing education in how to maintain energized youthful attitudes & physical skills (even via lessons in meditation, biofeedback, etc.) 3) At every level of activity, remind participants-that their chronological age need not be limiting them entirely just because of the outside world's biases... remind them their 25- year -old self is still within them, simply riding around in an older body. 9 Affordable, daytime, easy access to transportation. • Leave the COAA as is when you are planning your strategy. All their activities are run by volunteers who do an amazing job. Add other services throughout Clarington, but don't try to fix what is not broken at COAA. • Transportation (in view of Municipality's to provide all Clarington citizens Continue to develop satellite activities Realistically, municipality should provide funds for more available at the centre Recreation opportunities in the environment the Council envisions for future can only be developed if the Council recognizes health, housing and poverty needs must be the focus for senior first. • Expand satellite activities Provide local transit Add a swimming program. • Let the people who know how do the job Keep cost reasonable- As COAA does Get rid of consultants - They only confuse the issues. They think they are experts on everything. • Provide more local transportation to and from Beech Centre and satellite sites. Expand satellite programs to provide more activities. • Fitness classes over 50 esp, for women, bone density & cardio health. Complimentary medical & health workshops- naturopath, chiropath, physio - geared to 50 issues (prevention. Your changing "brain" education on the latest developments in neuro plasticity and brain health; in plain language, written resources, question & answer sessions & community resources. • Make them available outside of Bowmanville. Offer more active programs, such as pickleball. • More classes offered where needed, such as yoga. Keep the costs affordable. Yukelele classes. • n/a a n/a • Beginners Euchre and bridge when there is no partner. • More satellite programs in Newcastle improve wifi for the library/ pool computer programs. 1 see numberous things to interest me but still active with friends & family who are still in Toronto area. per S.14 MFIPPA 12 -35 Attachment 1 C to CSD- 008 -15 i More funding for the Beech Centre. • 1 would prefer to have most of the activities in one central location. • Continue adding programs to Newcastle area (and other areas). In my opinion it is perfect as it is. • Fitness facility at Newcastle complex Programs after work or evening. • Personally I enjoy weightlifting, exercise machines and fitness.These are not only health sustaining but help seniors maintain and keep mobility and strength which is very important. I am 70 +lm not my fathers generation.) am much more active and fit than my parents where. 1.Add a weight training facility in Newcastle 2.COAA has difficulty getting men ( &women) to attend their dance session. So ... make them a regular event 1- 2 /month.Live music,possibly dinner and people will pay a little more to attend. • The Older Adults Association that presently exists does not need improvement. From everyone I have spoken to that belongs presently,it is well run and offers more than enough activities. • 1) Council should continue to allow older adults to manage the direction and scope of recreational /social activities through the existing COAA since it does an excellent job of working with seniors and meeting their needs. 2) Continue to provide funding to maintain and extend current services to satellite complexes. 3) Recognize the tremendous role and value that COAA volunteers provide in assisting with the running of the COAA programs and acknowledge that town administered programs would never garner the same level of support. This excellent program works because seniors feel that they have a voice and say in determining what works best for them. • Value the opinions, expertise, and competence of the directors elected by members of the Beech Centre. Do not treat seniors like children who need parenting. We have years of experience, expertise, and many skills you don't usually find all under one roof. Consider all viable options for solutions to address parking, programming, appropriate facilities and interests of seniors for now and in the future. Work as a cohesive group to find the optimal solutions. Realize that the structures are only one component of what is needed. The atmosphere has to be conducive to encouraging seniors to participate, to engage with one and other, and then to feel like part of a family. • A fitness centre,walking group computer classes. • Swimming free with membership. I need to swim.during the winter to keep in shape and imfind that it is very expensive. If you could follow the role of the Oshawa older aduld association, then that would benefit many of us older adults. • Leave it in the format it now is Council support but not run the programs encourage volunteers. • Expand to all wards, have the municipality take it over and have access in all the recreation centers and facilities. 12-36 per S.14 MFIPPA Attachment 1C.to CSD -008 -15 • Have the municipality take it over, integrate it with Recreation facilities and provide or improve transit to allow access. Also have a board that reflects all wards and extend beyond just those over 50. • Have the municipality take it over, integrate it with Recreation facilities and provide or improve transit to allow access. Also have a board that reflects all wards and extend beyond just those over 50. • Have the municipality take it over, integrate it with Recreation facilities and provide or improve transit to allow access. Also have a board that relflect all wards and extend beyond just those over 50. • Better parking. weight room in Newcastle, seminars on health and other topics at Newcastle More pool classes and activities for seniors. • 1 live I Wilmot Creek and take part in activities there. • Cost and schedule. Some of us still work and would like to participate in evening programmes. • 1. Provide programming in the evenings as well as daytime 2. Fitness facility in the east of Clarington 3. Include all of Clarington in programming it seems very central to Bowmanville. • Leave things the way they are! COAA is operating well and I do not see any need to change things. There are many diverse opportunities both for recreation and volunteering. I cannot think of a single thing that needs improvement. • Better hiking trail maintenance and more hiking trails. • As a retired female aged 62, 1 feel that the seniors age for the region of Durham /Clarington should be 60 instead of 65. As .1 am on a fixed income I am still paying for activity memberships(i.e. swimming) at the full cost. • MORE PARKING..... DAYTIME EURCHER EXTRAVAGANZA. • I was very disappointed that the 20/20/20 Fitness class Spring session was cancelled due to lack of participation. May need to advertise these programs more in the Eastern end of Municipality. • Many of the activities are offered in the morning. Only a few evening programs but many people over 50 still work. It would be great if some of these programs were offered starting at 6:30 p.m. • Its good the way it is, but sure there could be be improved. get the member to help with some of the changes, but I believe the fear of most members, is that this programs you offer will shut down, and that the prices of membership. will go up.sky hight. • Love everything as is. • 1 think the COAA is fantastic and always strive to think of new ideas and ways to keep seniors active and knowledgeable and provide transportation for those who need it. I would say to just keep doing what they do. I am totally satisfied with everything there. I like that so much is in one place, so you can be with a large group of people in your own life category. per S.14 MFIPPA 12 -37 Attachment 1 C to CSD -008 -15 • Surveys,more facilities, I'm very satisfied with the current programs available but I do feel that they could possibly be improved with more facilities available to Clarington Older Adults. • 1) Make weekend programs available. • Space, parking and financial support for the less affluent seniors. • Bigger parking lot. • Can't think of any, what counts more. • No changes. • 1. more levels of line dancing, 2. a stage be built to highlight dancers /entertainers 3.a bigger gym to accommodate more people for shows /dinners. • Things seem to be running just fine as is. Please keep the politics out of it. • 1 have absolutely no complaints and would be very upset if things changed too drastically. • Should be Older Adults. At least 55 plus. Better parking facilities. • An indoor pool - I know there are pool facilities elsewhere later hours for the programs (ie afternoon) encourage the people who are regulars and know everyone to be more inclusive. • There has to be something available in the evenings.... many younger seniors are still working and in this economy people will be working longer so if you include those that are in their 50's than there should be activities that meet the working srs needs too. • Continue to employ excellent instructors. Continue to use the skills of members gained from pre retirement jobs. Listen to us and allow us to decide how our activities should be offered. Access to pool time through Clarington Older Adults ... water Zumba etc. • Larger or more classes. Popular classes fill up fast. Better parking at Beech Centre. • Fitness, field trips, skills classes. Postal Code L1 C • 1. Keep the polititions' hands off COAA, 2. The status quo is working very well. If it ain't broke don't fix it. 3. Takeovers rarely benefit those at the grass roots level. Leave it alone! • Increase the minimum age to 60 to reduce strain on facilities, parking problems etc. Even 60 is not considered "older" these days. 2. Larger premises.Maybe moveaway from a "big house" environment to a more custom designed facility with on site pool, tennis courts etc. 3. More government funding to subsidize programs. • 1 feel center has helped my husband & I great deal with smiling faces when we arrive, we gone to dances that we enjoyed. Meet wonderful people at hot lunches. The meals are on time. We should have joined sooner. 12 -38 per S.14 MFIPPA Attachment 1 C to CSD -008 -15 • More physical activities to gear to the younger adults... Have M listen more to the younger adults ........ a The Older Adults Centre offers everything we need: -- 9 The Municipality leave COAA as is and use the money they are wasting on surveys, meetings, etc, to put back into the COAA to use as it knows best. Give all Clarington Taxpayers a choice of whether they want the Municipality to waste their money trying to fix something that works wonderfully. Larger facility with parking. • Great as is. Have swimming programs between 9 am & 3 pm for seniors Perhaps change the schedule a little so that there are not so many large groups in at the same time. i.e. The dance group requires more parking as well as a couple of others at the same time. Could the dance be held in an evening? • Activities on the weekends Not to expect volunteers if taken over by the Municipality. • 1 don't have any suggestions as the centre meets our needs very well !! • 1 hope the Bowmanville Pool will soon, be operating. • The only thing that needs improvement at the COAA (Beech Centre) is the parking - (at times). • Parking for the Town to leave COAA as is. • Improved bus service to sports /recreation facilities Improved hours of operation for such facilities as swimming, skating. • Have one membership for COAA and Membership at all Municipal rec facilities. • 1. Network with other facilities to determine programming for the younger Older Adult population. Build a stronger relationship with our Community Services Partners in regards to off times that some of our facilities are not being utilized and provide programming during those time periods. Research the membership to understand the type of programming they would like, and utilize more of the satellite facilities. • 1. Network with other facilities to determine programming for the younger Older Adult population. Build a stronger relationship with our Community Services Partners in regards to off times that some of our facilities are not being utilized and provide programming during those time periods. Research the membership to understand the type of programming they would like, and utilize more of the satellite facilities. • Aqua fitness in Bowman villa IF WE HAD A POOL. Need a warm water pool for exercises for those with arthritis. Classes are often full. Tried to register for urban pole walking but class is full. • Lower the cost of membership and program fees - expand the facilities and programs in the satellite areas. • Guitar lessons, piano lessons, take down treasured trees and pave the back -yard! per S.14 MFIPPA 12 -39 Attachment 1 C to CSD- 008 -15 • Need more adequate space to meet demanding population Adequate parking gym at the same facility. • Weekend activities, beginner classes and excursions. • Everything things seems good to me! • Have a survey on website & all locations periodically Have suggestion box for ideas for programs for COAA at all Municipal Recreation Locations. In program guide ask people for suggestions or requests for recreation ideas. • Continue to expand variety of courses offered i.e. woodworking, bird watching, etc. • Swimming facility Nail and foot care Keep smiling. • Parking More Hot Meals More local aqua fitness. • It is great just the way it is. • Really!?! The COAA does any amazing job. Keep up the good work. No interference from the Municipality is the best route to follow. • WE should more places in our surrounding areas for activities such as satellite facility of the Clarington Older Adult Association ( Courtice Complex and Newcastle Complex.) • Everything is really well put together. • WE should more places in our.surrounding areas for activities such as satellite facility of the Clarington Older Adult Association ( Courtice Complex and Newcastle Complex.) • Keeping costs reasonable Allow volunteers to continue, don't pay Union wage for a job a volunteer can do Allow for programming input. • More affordable. I would join in more activities if I could afford them all. • Baseball Tennis. • Lack of parking. • Easy access to the waterfront trail by bicycle Bigger parking lot More bike paths. • Leave management of centre as it is, it's operating well. Some of the fees for Art & Music Programs could be lowered $84 - $89 1 find might be a little expensive for many on low fixed incomes. • Increase parking. • Better parking Bigger building. • Depends on demand and level of enrolment. • Needed is a facility, both central to town residents and with far more parking than is now available. • Parking. Larger building. • A senior focus - present now with COAA. Increased indoor & outdoor space for activities. Keep focus from becoming too political or combined with other services. Concerns: 1. You will lose volunteers and have to pay more for staff which will lead to higher fees. Why reinvent "the wheel "? 2. The current COAA is sustainable , all- inclusive and has a variety of courses /activities that are suited to our needs. 3. Yes, we pay taxes and vote. 12 -40 per S.14 MFIPPA Attachment 1 C to CSD- 008 -15 • Wood carving should have a room for having some heavy equipment tools put in. • The Municipality to consult with the expertise of staff in working with older adults To reduce costs of Municipality run programs to be affordable for seniors (i.e. Aquafit) To collaborate with COAA to develop a broader "spectrum" of programs for older adults. • More craft opportunities. Things are wonderful and should be left as they have been doing. Why change something that is working so well? • Larger building, a larger parking facility. How about baseline Rona building, everything's on one floor, parking galore, in and out access. • Friendships Community meals more often. • Nothing. • Pay as you go classes - eg, yoga is a registered program and if you are away part of the year you can not participate without paying for the full program which may not fit in with your travels, I am sure there are other programs like this. • COAA aquatic program (i.e. Aquafit) Don't make current COAA staff Municipal Employees ! The current system is great ! They go above and beyond to meet our needs with minimum "red tape" If larger facility is needed, why not the now vacant Target store in Bowmanville? (our Beech Ave group are seniors who are physically and mentally capable, so if the Municipality wants to accommodate the disabled, day programs, respite, etc. this "Target" location could be divided appropriately for Municipality to run). • Increase COAA van service versus increased parking Ultimately, larger activity space with better parking. • Larger buildings Increased parking Volunteers to require more training. • Keep costs down to members. • Cost Accessibility Advertising on TV. • Every program is great. • Larger facility. • More space for activities. Parking space. • Cannot improve perfection! That COAA continue exactly as present within a facility with adequate parking. • Would like a ticket system for people who can only come to class occasionally. For people who work part-time. • More dancing (ballroom) opportunities More venues for activities Increase social activities offered. • Senior activities programmed in the evening and all across the Municipality and not just Bowmanville. • Actually I think Community Services already provides a good range. As well as fitness programs the Beech Centre provides the social aspect which a Government Dept. doesn't. • More seminars i.e. wills, investments & other areas too (health related, retirement residences, procedural things to transition to residences) Continue with & expand per S.14 MFIPPA 12 -41 Attachment 1 C to CSD- 008 -15 trips - cruises, bus trips, event trips to T.O. Continue with current & expand learning i.e. computers, cameras (seminars /help) opportunities - art classes, learning languages, learning card games, etc..... Encourage use of satellite facilities for all ages 50- 100 +yrs Expand aquafit programs to Courtice. • 1 have trouble coming up with something so things must be OK with me. • Gym at NDRC. • Leave the COAA as is. • Lets get this program accessible to all seniors!!! Apply the consultants report in it's entirety!!! Get rid of _ and the board! • More venues, better advertising of available programs. • N/A • Stop treating older adults like children. Why do we have to constantly be playing cards or dancing? What's wrong with doing nothing once in a while? • More exercise classes Evening classes. • More advertising in local stores There are a lot of us that are not on a computer. • Bowling Alley. • Larger facility. Larger parking lot. Library. • Keep Red Tape - Government Out They will mess things up. • If it isn't broke - it doesn't need fixing! • Leave well enough alone it runs like a well oiled ship !! • Increased parking area. • Cannot see where any improvements are needed. • Parking Transportation Financial Assistance. • No parking in bicycle lanes. No space for activities for COAA. Town to BUTT OUT - use Town Council time and money to improve road surfaces in Clarington which are worst in Ontario. • Parking Transportation Financial Assistance. • Additional recreation classes (that would benefit those who work) - additional locations locations for recreation programs - expand all opportunities possible. • 1 need to learn more about the COAA. • Offer evening fitness /dance programs Remain a board run facility not munical Keep membership affordable. • Can't think of anything to suggest, quite happy with the centre. • Keeping it centrally located - easy to get there. More parking space. • Bigger building with more parking. • Better bus service to the different locations, more parking at the beech centre, get the tennis club moved to a better location so they can have a club house. • As a semi retired senior, with arthritis issues, would like to see or have access to pool programs to improve flexability and exercise sore joints, again when I check locations times I find classes are full or at a time I can't do and are extemely limited, Access to a personal trainer type service and small classes (max 4) 12 -42 per S.14 MFIPPA Attachment 1 C to CSD -008 -15 where individual assistance and accommodations can be provided to permit growth within the scope of my changing capabilities Educational programs, computer, photography, social media, bridge, mental stimulation to offset natural losses due to age, apathy. • Have some evening programs. • Offer evening programs more locations. • As I am not a long term member, I am quite satisfied with the programmes offered right now. • There are plenty of opportunities available now Parking remains an issue in Bowmanville. • More computer and dance classes. • Bowling Alley. • Aqua Fitness Parking More Frequent Programming. • Swimming programs. • More programs More reciprocal privileges More water sports (classes). • Very satisfied with the current services. • 1 would like to see more craft project sessions (ceramics, folk art, etc. I think COAA is doing a great job and I don' like the oroposed changes. It would be nice to have more singles opportunities (dances, etc). • Would like to have mild fitness classes twice a week at least, eg, Zumba Gold, instead of just once a week. I love this club and the people that run it and go to enjoy it. There is nothing wrong with it, "If it ain't broken, don't try to fix it ". • Better parking. • Bowling Alley. • Fix the roads - Dangerous for bicycles Make real bicycle trails. • No Council participation. a Collaborate with COAA with Parking. • All Exceptionally well run. e Occasional Movie Bowling More Evening Events. • Let COAA remain non - profit. • Allow members to pay per diem rate if room in class Teach safe skating program for seniors. • Keep Costs to Participants Down. 0 1 cannot think of anything just love it When I visit in other centers ie. Oshawa, Ajax they are good but boy ours are the best. Well done to our wonderful staff and volunteers. S 1 would not change a thing except the city charges too much for their recreation programs. They are very impersonal and I cannot afford their programs and the bus fare. Where at the COAA I can afford both :) • Keep Costs Reasonable Allow breaks for snowbirds that are away so they don't have to pay for full sessions. • Communication, inclusiveness, affordability. per S.14 MFIPPA 12 -43 Attachment 1C to CSD- 008 -15 • Bocce Courts. • Council to provide more facilities Council to provide more money Full support of Council for COAA Executive & Staff. • Convenient PARKING at whatever facility - especially at BEECH Fitness & Sports be done at the designated LARGER facilities only. • More Evening Activities (Fitness, Meditation). • Transit connection to the Beech Centre door, more parking so the street parking is unnecessary, and access to a Municipality swimming pool for swimming or water exercises, during off peak time /s. • More space needed. • More parking at the Beech Centre. • Transportation for mobility challenged. Activities for groups with similar inabilities. Warmer swimming pools. • 1 can't believe you think 50 yr old are the older adults- we are just entering our prime- target the 70 year +. • The only issue I have is insufficient parking availability. • 1 am very involved in volunteering at the hospital and golfing in the summer, so just go there for exercise - (yoga). • More evening and weekend drop -in activities. • They should really take a look at and the way she speaks to some of the seniors. She is very abrupt and can be quite nasty when things don't run the way she wants them. I will not renew my membership there because of her and also some others on her staff ... another name is ® who can also be very rude. • More room for some fitness programs. • Know of none! • More evening activities, more drop in programs and more facilities. • Update offerings to the 21 st century. What is available now is what I expect to find if I end up in an old age home. But I would not want to upset the darlings. Leave them alone. I would not join under any circumstances. • 1. Better funding from Clarington to reduce fees for those seniors who can't afford to take part. 2. Enforce sidewalk clearing in winter so it is safer to walk. • Get community services off the back of COAA and start supporting them. This take over nonsense rumors are a joke. • More dances and concerts. • More art instructors, bicycle group to have no restrictions on routes, drop in trial of program to see if suitable before paying. • Better Communications About What is Going On More Secure Facilities Permanent Places to Meet that are Convenient for Seniors & Transportation. • I made a comment that questioned = one day. I have not been welcomed back since. We need an Executive Director not and Executive Dictator. per S.14 MFIPPA 12 -44 Attachment 1C to CSD- 008 -15 • My needs are being met Transportation to facility is taken care of for ambulatory individuals but it would be nice to have a wheelchair accessible vehicle as an option for people that wish to participate in the facility programs. It is difficult to go to programs for me if I decide spontaneously that I would like to attend. When I attend I can see that there is scarce available parking. • Newcomers Club - when went to the Beach Centre I didn't know anyone and no one spoke to me, I didn't feel welcome and didn't return. • Fitness, Social Activities, and Awareness of help in the community. • Happy with what the COAA offers. Especially the affordable costs. • Get a bigger building in order to provide more recreation opportunities. • Right now I am very satisfied because of the time I have. • Let like minded adults of any age or sex enjoy their company. • Parking. • Socializing, fitness, dances. • Socializing, fitness, dances. • All the opportunities now offered are extensive enough for me. • Take it over get rid of those self serving people and make it easier for us to get to. • Lower the age for the seniors discount in the recreational facilities in Clarington. I still pay full price for aquafit and gym facilities that I don't pay as much for at the COAA. I feel that some of the staff do not take seniors seriously, that our concerns do not matter, so an attitude adjustment. Facilities available for walking during the day. I am no longer an early bird so the early morning walking does not appeal but I would like to be able to walk during the day. • Evening classes for older adults who are still in the workforce full -time. • 1. More courses on internet security, etc. 2. Courses for both knitting and crocheting 3. Scrapbooking sessions • Leave what exists alone until the new building is built. Town should not be taking over the COAA. If the town takes over you will lose all the volunteers. Parking seems to be the biggest concern. Take over the parkette for parking. • Do not have one person in control of everything Have an outside person that volunteers can go to for assistance Safety Instructions. • One central place for information on all recreational activities for older adults in Clarington. The age to qualify as a "Senior" to be the same at all facilities including COAA. • Multiple larger locations with lots of parking Varied Programs throughout the weekdays and weekends No Extra Fee to join to become a Member. • Keep up asking us what we want and what we think. • 1. More educational programs, computers, iPad, etc. 2. Alternate days for like programs mainly cards etc. 3. • Get rid of = and the Board bunch of flakes, take it over and make it better for all! Accessibility is a huge problem and the board doesn't speak for all members. per S.14 MFIPPA 12 -45 Attachment 1 C to CSD- 008 -15 • The room used for drop -in art was altered to accommodate a hairdressing salon - there is now no running water or sink for the art. Constant disturbance from the salon makes it impossible to enjoy this activity. Meanwhile, the craft room with running water and sink sits unused. • COAA is functioning well and the Municipality of Clarington should not mess up something that is well utilized and operating efficiently. • Don't double up on programs that are offered at other places such as the library ie. Computer classes that are free. • More small fitness groups. • More parking at the Beach Centre! • 1 feel the Beech Centre has everything covered, the van service is available for people who need it. • 1 don't have any suggestions because the COAA has a wide variety of social and learning opportunities. I don't need anything more at the moment but I see the facilities being used well and hear from people that they enjoy the programs. • New ping pong tables..... better parking..... better coffee house facility. • 1 am using this space to point out that an important activity to me, ART, should be included as an educational activity in the list above. It was not clear to me whether I should check recreational (like woodworking) or educational. BOTH these activities are learning opportunities for many. I have no suggestions for improvement. The recreational and educational opportunities for older adults are excellent. • Weekend and Evening programs as some of us are still working or involved in daytime grandchild daycare. More COAC Involvement/representation in the Durham Senior Games through better access to information. As we are an ever culturally growing society more diverse cultural activities., cooking classes, card and board games, music etc. • New Horseshoe pits at the COAA New bowling alley in Bowmanville - 5 and 10 pin Cineplex Theatre open one weekday afternoon during the school term. • New horseshoe pits are needed at the COAA COAA affiliation with the Fitness Centre in the future for swimming Cineplex Theatre open one weekday afternoon for older adults to use. • More parking. • 1.Provide new facilities to serve seniors throughout Clarington. 2.Provide sufficient parking at Beech St. facility. 3.Provide weight rooms at COAA buildings. • Everything's great the way it is. • Member run boards, parking. • More advanced exercise programs; -more advanced computer programs; - would like to see a Bocce Court and would like to be able to bring senior guests to play. 12 -46 per S.14 MFIPPA Attachment 1 C to CSD- 008 -15 9 Find the Clarington Older Adult Association a larger facility with better parking. Leave the COAA as it is, well run, welcoming and a place where a single person can attend activities alone and be welcomed. • More parking. O More parking, More room for activities. • A facility where there was more space. A facility where there was more parking. 1. transportation to recreational activities for those in need. 2. Many seniors are not aware of what is here for them, more info (promotions) about the opportunities,etc. perhaps through churches, senior living areas, etc 3.Open houses ( COAA provides this ) to see and try what is there for all ages andlevels of health and mobility. • More satellite activities Better transportation Activities for seniors who can't afford classes. • Any time I have attended, I have found the staff to be great. At present I am travelling etc, so do not use all the amenities, but still maintain my membership, as I know that when I wish, I am able to use them. • A) better availability times for older adults to use facilities and pools at all Community buildings I.e. Weekday time (not 9pm at night) B) more fitness classes geared to older adults C) more social events for older adults. • Walking groups at facilities at various times of day - not just morning Programs that accommodate seniors with some mobility restrictions e.g, arthritis. Provide a space for older adults to simply socialize at no cost. Allow older adults to drop in without every activity being scheduled. Allow participation in activities without registration (space permitting). • 1 think everything is great! • Food, nutrition and cooking classes would be of interest. • 1 have recently moved to Bowmanville and I am very impressed with the services at COAA. • Keep the volunteers (152 in total) involved, make them feel they are needed and have a say in the day to day operation of the centre. Should all these volunteers .resign because of the changes being suggested and replaced by municipal staff being paid Union wages, this would increase operating costs of the centre by tens of thousands of dollars. Members of the centre are happy who I have spoken to are very happy with the facilities and the programs Don't try fixing it if it isn't broke. • They are excellent. Although sometimes parking is an issue. I DO like the convenience of things being offered right in town (Bowmanville). Y 1 volunteered when I first joined COAA. Found it very difficult to fit into the clique.there seems to be an inner circle. Also I feel some of the participation fees are unnecessary. To come and knit in the cafe it costs $1.35. 1 bring my own project and also buy a coffee. What exactly do I get for my membership fee? It seems you need to be financially well off to be a member. per S.14 MFIPPA 12 -47 Attachment 1 C to CSD- 008 -15 • Fitness equipment, ie treadmills, stationary bikes, weight equipment. • Make sure that all ages from 50 plus have a variety of choice. Make some programs available in the evenings and on weekends. a More space to offer a bigger variety of programs and more parking too! Y Expand variety of courses offered - depending on instructors availability Schedule activities better - too much conflict of times at present I do not participate as much as I would like due to "cliques" at the centre. • Safer biking routes /roads. Nash is in terrible condition. Seniors only swims. • 1 am quite satisfied with what is available now. • Pedicure manicure opportunities at the facilty To have a computer at the reception (I volunteer there). 1. Provide access to the aquafit program to all seniors including those with mobility problems. 2. Arrange to have our vans drive people to the aquafit programs. 3. Extend the hours of operation. • Increase parking. • Spa like pedicures /manicures. badminton in the primary facility Pool at the primary facility. • Clogging. • Would be nice to have a pool at the actual facility because I don't drive Spa opportunities like massage, pedicure, nails. • Recreation opportunities are already very good. I play Pickleball, Soccer, Ping - Pong, Billiards, etc and card games, bingo, art/music /cooking classes, etc are also offered at the centre. Not sure what else could be done to improve recreation opportunities, other than make it more widely known that the Centre offers all these activities and encourage people to take part. Also let people know that the Centre offers rides any time at a very minimal cost. As a volunteer driver I know that people love this service because some of them would be house bound without the rides. • Encourage people to register for activities at the satellite locations, esp. high volume classes instead of the Beech centre to help parking Assign class locations based upon where the majority of class participants live: Have a "Cozy Cafe" set up with chairs /tables and refreshment at each satellite location, so people can take time to relax, meet, mingle and talk over a coffee. • Recreation opportunities are already very good. I play Pickleball, Soccer, Ping - Pong, Billiards, etc and card games, bingo, art/music /cooking classes, etc are also offered at the centre. Not sure what else could be done to improve recreation opportunities, other than make it more widely known that the Centre offers all these activities and encourage people to take part. Also let people know that the Centre offers rides any time at a very minimal cost. As a volunteer driver I know that people love this service because some of them would be house bound without the rides. • Improve communications. Make new members feel comfortable. Fairness. 12-48 per S.14 MFIPPA Attachment 1C to CSD- 008 -15 • 1) Acknowledge that a lot of older adults still work full time and therefore need more programs or recreational opportunities available in the evening. 2) Take resume's into a computer file for prospective programs and volunteers that would be suitable for running the program. 3) Offer more... lot's more in the way of seminars addressing the health concerns of older adults. Bring in professionals to educate the public in the prevention of conditions and disease. • Pool, swimming - love it how it is, not really much we can improve for us - no change for the beech centre. • More "drop -in" options for those of us who spend much of the year out of country. The other option might be signing up and paying for those sessions you know you will be available for. Y Parking is very difficult sometimes so maybe improving that. It doesn't stop us from coming but it would be helpful to know I can get a parking spot when I come. I done know if there is anything else needed. Not sure of anything: • Parking at the beech centre - wider scope of courses - more money available. • Excellent the way it is. • More active sports opportunities for you younger set (Tennis. squash, baseball). More parking Larger facility utilize larger facilities we have. • Should be more trips (day trips). • Fundraising. • Parking. • 1. leave a volunteer board in a position of leadership and governance to implement any improvements; 2. reduce the demand on Beech Centre by providing additional municipally funded venues to accommodate new programs and to achieve dispersed program delivery; 3. consult minority, disabled and financially impaired communities about programs which would interest them. • 1 can not add anything to what is currently being done. • Allow COAA to continue to administrate and supervise the activities for Older adults in our community. Continue to provide the socialactivities that encourage friendship and fellowship amongst the members. Continue to provide the varied range of age appropriate activities for all ages of seniors in our community. It doesn't need to be improved - I love it how 'it is. • Excellent how it is. 0 More parking. • The city stay out it. o Include the New Horizons Band members for seniors to be involved with COAA Presently many are members here but not included in performing for others at luncheons or activities held there. per S.14 MFIPPA. 12 -49 Attachment 1 C to CSD- 008 -15 • Stress to others that it is a facility of 50+ with wide range of activities. Keep us active to keep us healthy - free up the hospitals and doctor's offices. Great environment to make new and lasting friends. • 1 don't know. • Keep it out of the Municipality's hands. It will end up as a 9 to 5 operation and the volunteers that now make it work will disappear. • Parking. • Develop more satellite site programmes (e.g.. social bridge in Courtice) Make sure the sites are accessible and central (Beech Centre is great) Try to always develop or offer new and different programmes, courses. • Not sure. Programs meet my needs at this time. • There would not be anything about the COAA I would want to change. We seniors are so fortunate to have this well run organization providing all our recreation and social needs. How did we get so lucky -it's a great time to be a senior! • Parking .... That is all! • 1. offer various time slots for programs; i.e. one season one time, next season a different time for the same program to allow for those unable to do original time 2. continue to improve the level of instructors that teach programs. • 1. A larger facility to hold more people during the winter months. 2. A co- operative program with existing facilities, etc. swimming, pole walking 3. Increase the annual fee to $35 to relieve some of he stress of fund raising. • I am very satisfied with all the opportunities that are offered to the older adults. • Keep the municipality's hands off of the COAA. • Advertise available transportation More parking but you could not get a better location There is more than enough going on that we need to avoid overtaxing staff. • 1 don't want the age limit to change. Letting the 50yr olds join keeps the center lively and keeps us young. Please don't change it. I won't volunteer if the town takes over and the staff changes. • More beginners courses. It is sometimes difficult to join a class where participants have been attending for a number of years. Would also like to see weekend activities during the winter months. • Collaboration with the municipality to provide facilities to accommodate activities such as aquatic programmes ; collaboration with the municipality to provide facilities for satellite programmes; collaboration with the municipality to address parking issues. • Educational programs - more advanced computer courses. •. Some way of providing free activities for the mentally ill and seniors living in rooming houses. • Enlarge Parking Lot -get rid of Tennis Court. • Activities in smaller places. per S.14 MFIPPA 12 -50 Attachment 1 C to CSD- 008 -15 • COAA has it all covered! • I enjoy my time at the CODA and I wish I had more time for more programs. There is something for everyone no matter what the interests. I personally am completely happy with the programs available. • Increase access to Municipal facilities by COAA to include pool and tennis court availability Allow the COAA to remain a member driven association Continue financial support to the COAA from the Municipality. • More evening or early morning fitness classes. Like many people 50+ 1 still work full time and very few fitness opportunities exist on evenings or weekends at the Bowmanville location to participate in age appropriate group fitness. The same can be said fo municipsl run fitness oppurtunities in BOWMANVILLE. After working all day i font want to drive to Newcastle or Courtice To work out. Why did Bowmanvilke get left out when we are the biggest in population? Private gyms cater to the young and I can't physically do their classes biecause they cause pain. You need demographics on working vs retired 50+ people in the municipality to effeciively arrange group classes to fairly accommodate all. Very few are rich enough to retire at age 50 and this assumption is flawed. • Inclusiveness in every aspect, not just for those steriotypically old or religious. It is a new world where not everyone is interested in playing cards, dancing or holds to a christian religion or a religion of any kind. • More locations to attend activities with times outside of Monday to Friday daytime hours. • Leave it alone - the older adults have done a great job of providing and organizing for over 20 years ... why now do you want to change it? More Parking at Beech Centre as was promised when purchased. • 1. Offer more times in the evenings 2. Offer more programs for the young 50 +. • Wider access to general older adult programming to the general public at municipal facilities -not through a "membership" to an older adult centre or in a facility specifically for older adults. • Most importantly, keeping the age to 50 and not changing it to 60. Early "active aging" is essential - waiting till 60 for lifestyle changes is too late. • Give us access to swimming pools as part of COAA Give us access to the tennis courts as part of COAA Provide regular, uninterrupted access to Indoor Soccer facility. • Early evening hrs 5 -7:30. If you are still working there is nothing until 8:30. It's too Fate at night. Dark in winter. Have to up early. • PUBLIC TRANSPORT Public Transport with a stop close to COAA. • Very pleased. No suggestions. • Better parking facilities in Bowmanville Better transportation means. per S.14 MFIPPA . 12 -51 Attachment 1C to CSD- 008 -15 Postal Code L1 B • More courses at the satellite locations. Reduced membership fees. Having standard age of 60 for all recreation and courses across Clarington. • Lower Prices and have the Municipality take over. Better transportation for people with disabilities. Access to the Courtice Pool for people with disabilities. Chairs that don't give us back problems. The Courtice Older Adults have not received so much as a tea bag from the Bowmanville Older Adults. For the first 6 months I supplied a kettle and instant coffee and when another member came in May she supplied tea bags. The coffee maker and the coffee we have now was supplied by the Rotary Club and that was because = was hired in Sept 2013 and belongs to that club. She is the best thing and only thing Beech St has done for us. They tried very hard to discourage us from having an Older Adult Group in Courtice. I sat several months alone until a few of my friends from Oshawa came to keep me company. And then a few Courtice people started to come. I don't know what they do with their money but Courtice does not benefit by it and my guess is Newcastle is not better off than us. All of Clarington pays taxes not just Bowmanville. _® • Walking Tours Quilting Activities Computer Programs (not intro or basic) photography. • Bowmanville has enough members to open at least one more satellite there, i.e. Baseline Community Centre, to ease parking congestion at the main Beech hub! Do not increase membership age to.60 or 65, or the younger "seniors" will join other COAA or its satellites, and these valued, energetic possible members will fall thru the cracks. Younger seniors are the FUTURE of the COAA and Senior Clubs: Even though we know that a huge number of the "tidal wave" of seniors rolling into Clarington in the future are simply NOT joiners, and will never join above clubs, ps keep the Beech Centre as the "family" hub, directed by our Board, together with the satellites; and reach out to the outlying residents of Clarington, like Hampton, Enniskillen, etc., with smaller organizations (clubs) maintained by Mr. Caruana's Community Services Staff, who will also learn how to offer and work with seniors, in the pleasantest way possible. Keep the Staff we love working at COAA!! • More facility space at the gym. It is really busy and crowded. How is a dance academy allowed_ to rent public space when that space is needed to expand the gym facility. • More cultural events of world -class quality which can only be found in Toronto. eg. ballet, symphony, live theater, opera, or other live events. As a senior living alone with decreased mobility it is a major physical challenge to get to and from Toronto by GO Train. The new Union Station is like a maze and if the event gets out late, then I am travelling alone late at night. I would attend many more events if I could go in a group with a driver. I'm not a fan of casinos and dinner theatre. 12 -52 per S.14 MFIPPA Attachment 1 C to CSD -008 -15 • Enlarge the facility where more parking is available and is accessible via a bus route. Have the whole association under the jurisdiction of the municipal council. More satellite facilities available as we have a large municipality. • Better communication More courses Better publicity. • Lower cost More parking Looked into volunteering but they wanted a big commitment of time. • First of all, a location that has the availability of lots of parking. Secondly, a wider variety of programs. I found the ones offered catered too much towards an age bracket of 68 +. Not everyone is interested in knitting or cards. • Cards Bingo Exercise Yoga. • A better awareness of what is available.. • Availability @ Courtice - dedicated space Availability @ Newcastle - dedicated space. • Let the municipality run it. Integrate it with recreational facilities and I love the transit idea. The consultants report is right on the money and progressive. Time to get rid of this elitist club. • 1 feel the level of fitness could be more intense. Although I am a senior, I think the program ie strenghen muscles is too placid. • Leave it alone; its has saved my life. • More programs at the Courtice Community Complex to support a large senior population More Tai Chi programs offered Perhaps Courtice Seniors could have more programs (independent) of the Bowmanville Branch. We have a wonderful facility here with unlimited easy stress -free parking. • More activities at Courtice Community Centre Afternoon activities at Courtice Community Centre. • . More programs in the evenings /weekends More locations Specific programs for younger seniors (50 -65 group). • Leave COAA alone Bigger Facility Parking. • Better advertisement of our Association, positive action to provide more parking, no interference from Clarington council, the Association is doing a great job providing what its members truly want. • I'm unsure as I do not participate in Clarington. • Satisfied with the current opportunities provided. • Get Biking back. • Start a cribbage group one night a week. • More Parking More Evening Classes More Exercise Classes for Men in Evening. • Lower Cost To Many Friends the Director has, it is her family Some (management) have an attitude (not friendly). • Fire the Director Make the Board Represent More than Just the Beech Courtice's Marie, is Always Helpful and Friendly to Everyone. • I think that.there is something for everyone regardless of age or limitations - I have nothing to think of that could be improved. You are doing a wonderful job! per S.14 MFIPPA 12 -53 Attachment 1C to CSD- 008 -15 • If the Association is for people over 50 years old, as I am, many of us are still working but would love to join up. Have some programs (not just cards) in the evening and /or weekend. • Reduce the age for a senior membership at the Courtice community center from 65 to 60. • Reduce the-age for a senior membership from 65 to 60 at the community centers. • Tell them about it, not everybody knows. • Replace The Current Board To Better Reflect The Wider Community Replace The Current Board To Better Reflect The Wider Community Replace The Current Board To Better Reflect The Wider Community. • Offer More Craft Programmes. • Improve Parking Improve Transportation Improve Communications. • Permanent Meeting Places Transportation Issues Costs. • More art (painting) programs, more art teachers. • Off hand can't think of anything that is missing but I do want to say that this organisation is wonderful and I look forward to somewhere close to home to go to with friends and meet new people. I would obviously prefer if there was a full centre like this in Courtice I love their shuttle service. • Offer NIA and crafts...... make more time, on other days for arthritis fitness and zumba gold. • I miss the cultural experiences that are offered in Toronto: concerts, plays, etc. which are changing all the time, so there is always something new to see and hear. I belong to a group (based in Toronto) that seeks out classical music events and offers a discount on tickets. I love this! However, I don't like travelling home alone after the concert gets out late at night. Would there be sufficient interest to offer such events to our group along with transportation? My disability makes walking on uneven terrain difficult because my balance is poor. I don't want to use a walker until absolutely necessary. It would be nice to have a seniors' representative at City Hall to help us deal with issues like being taken advantage of by local developers who use intimidation to get property owned by seniors (especially widows) at less than market value. • Satellite programs help with congestion of parking at COAA, but participants like the setting better at Beech St. as that is where their friends are and also the cafe. I have had to not take a program only because of overlapping with something else at the same time. I would like to see more fitness programs going every day of the week. • More activities in Courtice Follow up on past members Better information regarding courses offered. • More events held to introduce those of us non - members of what is available, maybe more open house events, and advertise these events so we can attend and see the facilities. per S.14 MFIPPA 12 -54 Attachment 1C to CSD- 008 -15 • More Summer Activities , indoors & outdoors. • Work jointly with other facilities that seniors use to increase outreach eg. library, churches. More satellite programs. • Keeping COAA an independently run association. gym access in the Bowmanville area with priority for older adults. A full function Cafeteria run by paid personnel in Bowmanville Centre. • Can't think of anything that isn't already offered. • More outside trips i.e, theatre, shows, day trips. I am not able to be a volunteer on a regular basis due to my immobility. • Since our municipalityis large and spread out between several towns and a dozen plus hamlets, I feel that 3 autonomous sites spread out over our community where we have population density would better serve the residents needs. • To have a dedicated "Beech Street" in Courtice..to have transportation for those that require it to (it) and to have it staffed by the same type of staff and volunteers that Beech Street has. • Nothing to offer at the moment. • Build and operate an indoor shooting range in Clarington. • More classes in Courtice. * more variety especially tap dance and please don't take the Beech center from us. • Live Theater, Acting lessons for seniors, Writing for seniors. • Activities at Courtice CC are mostly in the am. Would like to have more added to the afternoons. eg Walking, Dancing and Bingo. This would increase the hours of our Program Assistant. She is the best! The CCC needs more soundproof walls, so voices from other meetings cannot be heard on either side. It was quite annoying that City Council held a meeting here in April and we were told to be quiet... looking forward to having our own dedicated space here to solve that problem. Comments - I really enjoy coming to the CCC 3 mornings a week. I have made new friends and we now socialize outside of the COAA. I do come to events at the Beech Centre and enjoy that as well. I have recently started going to the Newcastle Drop In on Tuesday afternoons and enjoy that as well. I have met lots of wonderful people thru the COAA and I can't imagine it not being a part of my life. • Older adults are working people too. Services should work to retain the active adult population. They are economically valuable to the larger community. • 1 - Could use more parking availability at the Beech Centre -- possibly move the Tennis Club to another location ? ? ?? 2 - Other than that, all else seems to be operated very well at the COAA. • Right now I can't think of anything I would improve. • Better leadership Fair distribution of funds for satellite locations Better facilities. • Better parking for big events or better bus service around the town .... larger dance studio would be lovely .... more drop in activities ei pool, cards,drawing .... per S.14 MFIPPA 12 -55 Attachment 1 C to CSD -008 -15 Postal Code L1 G • Can't be improved and it is excellent the way it is. Postal Code L1 H • Reduce senior age from 65 to 60 to join the community centers in Clarington. • Reduce the age from 65 to 60 to benefit from the seniors cost to join the Community center ie. Courtice community center. I buy swim tickets but will not join until 65 as I can't afford.it now. Postal Code L1 J • My only suggestion would to be offered more choices than soup and muffins for the daily lunches... especially when I am in morning and afternoon classes. Even though I live in Oshawa, I grew up and worked /volunteered in Bowmanville and the only reason I had to move to Oshawa was because there were absolutely no condos available in Bowmanville and so many seniors, when they can no longer keep up with owning their own house, sadly have to relocate outside of the Bowmanville area ... away from everything that was familiar to them. Postal Code L1 K • More weekend, evening activities Provide more transit to Beech Centre Expand lounge area. Postal Code — Not specified • Support for local groups, easily accessible facilities, understanding seniors vary greatly in physical and mental status, younger ,fitter seniors interests may be very different from more informed seniors. • Oshawa price is much less for older adult. • You won't win an argument with M. She will do things her way, right or wrong. • . Advertise them so people are aware. Use social media to get the word out. • 1 feel everything is covered. per S.14 MFIPPA 12 -56 Attachment 2 to CSD- 008 -15 THE CORPORATION OF THE MUNICIPALITY OF. CLARINGTON By -Law 2011 -106 Being a bylaw to establish a Municipal Services Board to provide social and recreational opportunities to the Older Adults of Clarington through the operation of the Clarington Older Adult Centre and to repeal By -law 2001 -216. WHEREAS Section 196 of the Municipal Act, 2001 authorizes the Council of a Municipality to establish Municipal Services Boards; AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Services Board the control and Management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington HEREBY ENACTS as follows: 1. Location: THAT the building and grounds at 26 Beech Avenue, in the Municipality of Clarington (Town of Bowmanville) will be known as the Clarington Beech Centre; 2. Board of Management: The name of the organization shall be " CLARINGTON OLDER ADULT CENTRE BOARD" (COAL Board) previously known as'The Clarington Older Adult Association' (COAA). This latter name may continue to be used as a general descriptor for and by the membership. a) Composition THAT the CLARINGTON OLDER ADULT CENTRE BOARD shall be established to manage the Clarington Beech Centre and related satellite programs: The affairs of the organization shall be governed by a board of up to 11 directors, one of whom shall be the immediate Past President. If there is no past-President or if the immediate past President ceases to be a member of the COAC Board or chooses not to be a director, the board shall consist of up to ten directors: Two of the directors will be Council members appointed by the Municipality of Clarington. The Community Services Department shall assign a representative whom will act as a staff liaison to the Clarington Older Adult Centre Board, As the Municipal . staff liaison this individual will attend Board meetings as a resource person and a non - voting participant. The Clarington Older Adult Centre Board Executive Director is an employee of the Board whom is expected to attend Board meetings as a non - voting participant. The Board is accountable to Council for all aspects of operating, capital and .legal operations. The Board will at all times act in accordance with any-and all legislation affecting the Board, its employees, its operations and all its actions. 1 of 6 12 -57 b) Election Process & Termination Each director shall; i) be a member, ii) support the objectives of the COAC Board; iii) not be an un= discharged bankrupt or a mentally incompetent person; and iv) meet the criteria set out in Section 6.02, 6.04 and 9.01 of the Clarington Older Adult Centre Board By -law No. 1. If a person ceases to be qualified by the COAC By -law criteria set out in 6.02 (a), 6.04 and 9.01 therein, that person ceases to be a director. The members of the COAC Board may, by resolution passed by at least two thirds of the votes cast at a general meeting of which notice specifying the intention to pass such resolution has been given, remove any director before the expiration of his /her term of office and may, by majority of the votes cast at such a meeting, elect any member in his or her stead. Any individual interested in being nominated as a director to the Clarington -Older Adult Centre Board should have been a member of the COAA for a minimum period of one (1) year preceding the nomination process. All members of the Board .except the two municipal representatives shall be elected by the membership at the annual general meeting of members, each for a two -year term for a maximum of six (6) years. The two -year terms shall be staggered so that half of the board shall stand for election annually. Vacancies shall be filled by resolution of the Board as required. In the event a director does not complete the two -year term, a new director may be appointed for the remainder of the unfinished term. This new director shall then be deemed to complete the remainder of the available term. Written nominations accompanied by a resume moved and seconded by three members, shall be submitted, in a sealed envelope, to the chair of the nominating committee at least one month (30 days) prior to the annual meeting. The nominating 'committee will open the nominations after the closing date to receive nominations. All nominees meeting qualifying criteria shall be-on the ballot for the annual meeting.' No nominations will be accepted from the floor at the general meeting. Members must be in attendance at the annual general meeting to cast a ballot. No proxy votes will be accepted.. c) Vacancy Any changes to the Board composition /membership will be forwarded to Council for ratification of the new member appointment in accordance with the Municipal Act as soon as reasonably possible. d) Remuneration The directors shall serve as such without remuneration, excluding Clarington Older Adult Centre Board expenses. A director may be paid for pre- approved instructor fees relating to course instruction costs that he or she may teach to members of the COAC Board. e) Quorum A majority of the members of the Board shall constitute a quorum. 2 of 6 12 -58 3. Conflict of Interest A director shall declare a conflict of interest if he /she or any member of his /her family has a pecuniary or personal interest in a matter before the board. The director shall disclose the reason for the conflict and at the discretion of the board will absent him /her from voting and /or the meeting. The conflict of interest and any subsequent action by the board will be recorded in the minutes of the meeting. The Board shall be governed by the Municipal Conflict of Interest Act. No employee or member of Council shall have any contract, other than employment, with the Board or have any pecuniary interested direct or indirect in any contract work relating to the operations or functions of the Board. 4. Purchasing and Contracts a) Procurement In . accordance with the Municipal Act Section 270 (2) the Board shall by resolution, adopt procurement- policies, The Municipal purchasing by -law may be used as adapted by the Board to the specific requirements of the Beech Centre. b) Contracts /Agreements /Leases Other than for normal operating or Administrative processes, the Board will not enter into any contract, or agreement which has the potential to commit funds, oblige, or encumber the Municipality without prior written Council approval, or specific approval detailed by resolution in the annual budget process. 5. Board Mandate Subject to such limitations and restrictions as Council may from time to time impose by bylaw or resolution, the Board may: a) Meeting Fix the times and places for meetings of the Board and the mode of calling and conducting the meetings and make regulations governing the conduct of its members and employees. b) Chair /Committees Elect a President, Vice President, 2 "d Vice President, Treasurer, Secretary and committee chairs as determined-necessary by the Board, all of whom shall hold office at the pleasure of the Board or for such period as the Board may prescribe. c) Employment (Hire & Termination) Employ such full time and part time persons, prescribe their duties and fix their salaries and other benefits of employment as the Board considers to be necessary and appropriate, provided that: (i) ,Salaries, Benefits, and Performance Appraisals: The Board shall by resolution, adopt hiring policies with respect to hiring of its employees and shall be responsible to abide by all applicable laws governing employment practices. (ii) COAC employees are not considered Municipal employees, or have any claim on the Municipality for any employment actions or decisions by the Board or its Employees. Annual Board recommended increases for salary or performance that are within the Council approved budget, will only need to be detailed in the budget estimates, for approval. f� 12 -59 d) Hours of Operation Fix the hours when the Clarington Beech Centre shall be open to the public and required payment of fees or charges for admission thereto or the use thereof and prescribe such fees and charges. e) Admission Adopt policy for rules for the use of the Centre and for the admission thereto or the use thereof and prescribe such fees and charges. f) Sales Sell within the Centre souvenirs, crafts, baked goods and refreshments at such prices as the Board may decide. g) Publications Produce, copy and distribute publications and documents related to the older adults of the Municipality. h) Volunteer Groups Encourage and develop volunteer groups to assist in the further development of the Clarington Older Adult Centre Board matters within the Municipality. 6. Meetings a) Public The meetings of the Board shall be open to the .public, in accordance with Section 239(2) of the Municipal Act and no person shall be excluded there from except for improper conduct. b) Records The Board shall keep minutes of its meetings and all books papers and documents used in and pertaining to the business of the Board and all such minutes, books, papers and documents shall be open to the members of Council and to any other person or persons appointed for that purpose by Council in accordance with the Municipal Freedom of information and Protection of Privacy Act The minutes of all Board meetings are to be submitted to the Municipal Clerk within ten (10) business days following the meeting. 7. Finance a) Budoet The Board shall on or before the 1st day of February in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year and the Municipal Director bf Finance shall pay to the Board out of the moneys appropriated for it by Council such amounts as maybe requisitioned from time to time or shall pay the accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. The Board will only use those funds for the purposes indented in its estimate of its financial requirements approved by Council b) Debt The Board shall not incur any debt or long term financial obligation without the prior written approval of Council. 8. Donations The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made)-payments credits and liabilities. All receipts for tax purposes must be issued in accordance with the requirements of the Canada Revenue Agency. 4of6 12-60 9. Audit The accounts and transactions of the Board shall be audited -by the Murricipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to the Auditor's inspection at all times. Immediately after its accounts and transactions have been audited the Board shall submit the audited statement together with an annual report of its affairs to Council. 10. Centre Development Fund The Board may, with the.approval of Council, establish a Centre Development Fund, into which donations and net revenues, if any, may be placed for future Centre development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. Any funds intended for purposes beyond the calendar year will be automatically tamed over to the Municipality prior to December 31St of the year of receipt of funds, for deposit into Municipal accounts identified for Clarington Older Adult Centre Board purposes with the exception.of the funds required by the Board for on -going operational requirements, and will be maintained by the Municipality's Director of Finance. Original documents will be turned over to the Municipality upon receipt by the Board. The Board will notify the Director of Finance of all such funds received and the Director-of Finance will provide a status report semi - annually on reserve fund activities. 11.Assets A physical or tangible asset used, assigned, donated or acquired by the Board is the property of the Municipality. Any Asset acquired must be registered with the Municipality immediately upon receipt. 12. Legacy Funds All legacy funds are to be forwarded within 10 business days after receipt by the Clarington Older Adult Centre Board, to the Municipality along with all original documentation supporting such bequests. Funds will be invested on the Clarington Older Adult Centre Board's behalf and accessible by request of the Board, based on the specific requirements of the will or based on'Council's approval of projects identified for the use. of such funds, as applicable, 13. Insurance and Risk Management As the Board is a Board of Council, insurance protection is provided to the Board, its employees, and volunteers under the Municipality's Master Insurance Policy terms and conditions. The Board or its employees shall forward to the Director of Finance appropriate documentation of all claims or potential claims. The Board shall undertake all its activities keeping in mind general risk management practices in order to prevent or minimize claims, injuries or damages. 5of6 12 -61 14. Clarington Beech Centre The Board shall provide daily maintenance from an operational perspective including but not limited to custodial care, snow clearing and elevator maintenance, and in consultation with the Director of Operations, plan and provide for any internal improvements to the building. The Municipality is responsible for the building envelope and physical plant through its annual budget process. The Board or its employees shall not physically alter or contract to alter any physical aspect of the building or grounds without written approval of the Municipality. The Board will be responsible to ensure the well being and safety of their staff, volunteers and public while the Building is in use. By -Law #2001 -216, is hereby repealed. BY -LAW passed in open session this 5t' day of December, 2011. r ' Adrian oster, Mayor 6of6 12- C. Anne Greentree, Deputy Clerk Confidential Attachment 3 to CSD- 008 -15 Distributed under Separate Cover 12 -63 Attachment 4 to CSD- 008 -15 COAA "Vision" Business Plan Clarington older Adult Association € peratedb the Clarhigtont lderAd rItCetitreBoartl COAA "Vision" 12 -64 Contents 1. Enecu%i,Sumnnen/------------------------------------------3 AL Penetration (Memnbership) .............................................................................................................. 3 B. Governance & Organization .... — ...... .............................................................................................. 4 C. Outreach (FmoKtiea----.--.------.--':------------.—.----------'G D. Diversity ............................................................................................................................................ 7 E. Retention .................................................................................................................... .................. 7 F. Finances ............................................................................................................................................ 7 G. Volunteers ............................... ... .... .................... ... ....................................................................... 7 H. Self-Determination ........................................................................................................................... 0 X. Parking atBeech Centre .................................................................................................. ................. 8 J. "Action Card ........... ......................................................................................................................... 8 2. Outreach (Fmcilities) ............................................................................................................................. 9 ALThe Beech Centre .............................................................................................................................. g EL ComvticeCmmmmunity Complex ............................................ ............................................................ 9 C. Orono Arena & Community Centre ............................................................................................... 1U CLTyrone Community Hall .......................................... ...................................................................... 1l E. 8m0mo Community Hall ......................................................... ......................................................... 1l F. Baseline Community Centre (0CC) .......................................................................................... ....... 1Z G. Newvuasde& District Recreation Complex ..................................................................................... 1Z H. Implementation Plan ...................................................................................................................... 13 ]L Voluntaer-------------------------_-----_—_-----------13 4. AdwertianQ&& Promotion -----------------_-----..-----------.—.--14 S. Diversity -----------_------------_.-----_------------,-15 A. Short term: .............................................................. ........................................................................ � 1S B. Q��-��nm-------_---------.--------------_ .... ----------16 �� Lmmg tarn�--- .... .... ............ ------ ... .... -- ... _--_..16 .D. On-going ................................................................................................................................... ...... 17 G. Penetration (Memnbe,ship) ................................................................................................................ 18 7. Programs .............................................................................................................................................. Z1 8. Finances ............................................................................................................................................... ZZ S. Alternative Revenue Sources ............................................................................................................. 2S [OAA "Vision" 12-65 2 1. Executive Summary We are pleased to be given the opportunity to present our Business Plan for the COAA "Vision" for programs for older adults in the Municipality of Clarington. Our Plan is, in effect, an "outsourcing" offer to the Municipality where COAA would undertake to absorb full responsibility for the social, recreational and fitness needs of the older adult community. It's a new concept because it relies heavily upon a contract of services that each side —the Municipality and COAA —will provide. The Municipality will agree to provide, rent -free, the facilities identified within the plan, according to a mutually acceptable schedule and would remain responsible for ensuring that these facilities are maintained in good order. The Municipality would also agree to continue to provide new facilities as the older adult population increases. COAA, for its part, will operate the facilities, will provide the programs and aggressively pursue alternative revenue sources with .a view to a systematic reduction of the Municipal grant. Our plan is realistic and achievable providing both sides accept that this is a collaborative venture. We envisage the contract would be for 5 -year periods, renewable if mutually- agreed deliverables have been achieved. Our objectives are simple. To provide services and programs that are both practical, achievable and realistic but, of more importance, appropriate to the needs of the community we serve. We strongly believe that the needs of older adults in our Municipality cannot be addressed by an agency that does not specialize in services for this demographic. Furthermore, we firmly believe that COAA is the only agency, either municipal or private, with the necessary experience to provide dedicated services for older adults in Clarington. Our plan addresses the following requirements, as identified by The Clarington Older Adults Strategy, (The Strategy), published in March, 2015, plus a few extra considerations: A. Penetration (Membership) Increase our membership levels progressively, reaching over 11% penetration of the older adult cohort by the 3rd year of operation. Each year thereafter, we will increase penetration reaching 13% in the 10th year of operation and 15% by the 15th year. The following chart shows the anticipated population growth of older adults in Clarington over the next 15 years. Population (seniors over 50) 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 2015 2016 2017 2618 2019 2020 2021 2022 2023 2024 2025 2025 2027 2028 2029 2030 2031 COAA "Vision 3 12 -66 The next chart shows our anticipated penetration rate of the older adult population compared to the requirements suggested in the Clarington Older Adult Strategy. Older Adult Strategy Benchmark vs COAA Target 6000 5000 - -- — — 4000 3000 2000 1000 0 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Older Adult Strategy Benchmark — COAA Target B. Governance & Organization Implement a new management structure that more appropriately represents the needs,of the organization. We pride ourselves today on being nimble and able to implement (and de- implement, on occasion) new programs and services. However, the addition of a variety of new facilities throughout the Municipality, demands an organization structure that is more attuned to a geographically diversified operation. To this end, we will be recruiting a COAA Administrator to lead the organization but, more importantly, to actively pursue alternate revenue sources and grants (see Section 9 — Alternative Revenue Sources), act as the interface to the Municipality and the COAA Board, and to look after public relations, marketing and membership recruitment. We will create a new position, responsible for implementing our expanded program initiatives including implementation of satellite operations throughout the Municipality. This position will be assumed by the current Executive Director. We will also appoint program coordinators with responsibilities for specific hub and /or satellite locations. This will ensure continuity of, and stability within, each centre and will help ensure that programs are attuned to the needs of each site. COAA "Vision" 12 -67 4 The following chart shows the new organization structure: COAA ADMINISTRATOR T.B.A Municipal l iaison EPC Reporting Board ofDirectors Grants Community Partnerships - - - -- Funding Resources Business Development Membership Recruitment Advertising& Publicity Public Relations OFFICE MANAGER CATERING MANAGER Stella Riccio Sharon Mansfield Bookkeeping /Accounts - Catering forfundraisers Maintenance & Events - Finance Tuesday lunch Rentals - COAZZYCale Transportation Database management TRANSPORT COORDINATOR MAINTENANCE . Sharon Spooner Tom Shotton Robin Thompson FINANCECOMMITTEE • PROPERTY COM(An7CE Chaired by Treasurer Chaired by Dir. Property - Otherboardmembers - 0th=_rboardmember (Part -time position - 25 hours per%veek) SENIOR MANAGER, PROGRAMS Angie Darlison - Instructors Programs Events /Fundraising Satellites - Volunteers SATELLITE COORDINATOR Olivia Lean PROGRA1.1% COrAMITTEE Chaired by Dir. Pl oeran)s - Volunteers SATELLITE COORDINATOR Chelsea Wolf r I VOLUNTEERS COMMITTEE Chaired by Dir. VobTnt-ers - V_lunteers We also plan to change the structure of our Board of Directors to include four Ward representatives appointed by Council and to reduce our membership - elected directors from 10 to 8. Board of Directors • President (1) • Immediate Past President • V. P. (1) • Secretary (1) Treasurer (1) Director, Events & Fundraising (1) • Director, Membership & Volunteers (1) • Director, Programs (1) • Director, Properties (1) • Council representative • Ward 1 representative (2) • Ward 2 representative (2) • Ward 3 representative (2) • Ward 4 representative (2) • CSD Liaison (non- voting) • COAA Administrator (non- voting) 1. Elected by membership, appointed by Board 2. Appointed by Council COAA "Vision" 5 12 -68 C. Outreach (Facilities) Implement a broader spectrum of programs across a variety of communities throughout the Municipality: • Beech Centre (the central hub for Wards 2 & 3) • Baseline Community Centre (as an overflow /extension to The Beech Centre) • Tyrone Hall Community Centre and Hampton Hall (added satellite facilities serving Wards 2 & 3) • Orono Arena and Community Centre (the main hub supporting Ward 4 programs) • Enhanced facilities at Newcastle & District Recreational Complex (for Ward 4 recreational programs) • Enhanced facilities at the Courtice Community Complex (the main hub for Ward 1 programs) • Solina Community Centre (a secondary Ward 1 centre) • Newtonville Community Hall (for special, occasional events reaching the extremities of Ward 4) COAA "Vision" 12 -69 Main Hubs, Satellites and Out -Reach to more remote communities I? D. Diversity Implement vigorous and sustained Public Relations /Marketing initiatives to under - represented groups by reaching out to various clubs, organizations, places of worship, community care groups, etc. in order to identify and develop programs suitable for seniors currently not being reached. E. Retention Implement a new process that will focus on ensuring that older adults do not leave COAA for reasons related to our programs or services. In other words, an ongoing evaluation of the suitability of all programs in all locations. F. Finances Aggressively pursue alternative revenue sources. We currently rely upon revenues from the Municipality, from Provincial grants and from membership fees, programs and fundraising. However, we strongly believe that there are a wide variety of grants available to organizations like COAA that are being overlooked. Increase our membership numbers. This, commensurate with an increase in program registrations and drop -ins will inevitably increase our revenues (see Section 8, Finances). It is difficult to predict the amount that can be ploughed back into enhanced or extended programs or how much will be used to reduce our dependency upon our annual Municipal grant. However, it is reasonable to assume that our financial situation will, improve to the benefit of the Municipality as a whole. There are costs associated with expansion, especially related to the Newcastle and Courtice facilities. These costs relate to furnishings to equip the reception facilities (touch screens, desks, computers, filing cabinets, etc), and equipment for the kitchen areas (stoves, dishwashers, fridges, etc.). We are anticipating that these amounts will be raised through special fundraising activities. Additionally, there are ongoing costs that will be borne through our operating revenues (telephone, internet and utilities). G. Volunteers Ensure that every publication, promotion or advertisement includes a "call for volunteers ". We also intend to introduce localized versions of our currently, highly successful Volunteer Appreciation dinners. COAA "Vision" 7 12 -70 Volunteers are the backbone of our organization. In 2014 we used over 22,000 volunteer hours running programs, cooking, raking grass, fundraising, looking after our front desk, driving our minivans, etc. Their needs must be nurtured, recognized and rewarded for without them we cannot function. Moreover, we must ensure that this supply does not diminish, regardless of where the COAA finds itself providing older adult services. H. Self- Determination Encourage the establishment of self- determining program committees in each area. Provide program coordinators that are dedicated to specific locations, thus ensuring a continuity of local awareness. While the programs and services provided by COAA must conform to an overall framework in orderto maintain standards of delivery, we recognize that a "one size fits all" philosophy may not be appreciated in all communities. I. Parking at Beech Centre Offload many of the services and programs at Beech Centre to Baseline Community Centre (see Section 2. F). This will significantly reduce the parking congestion at the hub and also to allow the program planners to balance their schedules more comfortably. This will be viewed positively by our neighbours on Beech Avenue. J. "Action Card" Introduce an enhancement to our basic membership, called the "Action Card ". This will provide enhanced recreational /fitness programs utilizing the facilities of the Municipality's Community Services Department. Programs such as swimming, pickleball and badminton will be provided under this level of membership. This is targeted towards the younger, more active older adult who may not ordinarily join COAA. We will introduce this card in September, 2016 and all revenues from this will accrue to Community Services Department. COAA "Vision" 12 -71 8 2. Outreach (Facilities) We have conducted extensive research of a great deal of Municipally -owned facilities throughout Clarington and have consulted with representatives of the management of these facilities. Our conclusions are that we will operate 3 main hubs: • The Beech Centre • Courtice Community Complex • Orono Arena and Community Centre As far as outreach is concerned, we have concluded that there are four facilities that uniquely satisfy COAA's plans for membership expansion to the further reaches of the Municipality: • Tyrone Community Hall • Solina Community Hall • Baseline Community Centre • Newcastle & District Recreation Complex A. The Beech Centre B. Courtice Community Complex COAA "Vision" This will continue to be the main hub for Wards 2 & 3 and the administrative centre for COAA. There are significant problems with this facility — running costs are too high ($100,000 per year), office space is too small, door frames broken and warped, etc. — but it's a charming building much loved by the members. It's also very conveniently located. If Beech Avenue was serviced by a bus route, many of the access problems would be resolved. The enhancements recently announced will make this facility an ideal hub for COAA programs in Ward 1. Its location is extremely convenient for members and easily accessible from The Beech Centre. 9 12-72 C. Orono Arena & Community Centre Contact Michael Pogue, Facility Manager. This is situated in the fairgrounds in Orono with excellent parking. It is located in the middle of Ward 4 and is uniquely suitable to support older adults programs for rural communities such as Starkville, Kendal, Kirby and Leskard. It's also very convenient for Newcastle and Newtonville residents. W7 — We are particularly interested in the large hall above the arena. Given that COAA activities occur largely during _ _ weekdays, during the daytimes, our programs are unlikely to conflict with any other activities, with the obvious exception of the annual fair. During these times and on occasions when the hall is rented, COAA would not schedule any activities. Otherwise, the hall is unused for large portions of the year. In discussions with the Facility Manager, he sees no reasons why COAA could not establish a full program of activities throughout the year, providing we pay for any out -of- pocket expenses associated with cleaning. The hall is accessible by an elevator and has a kitchen. It's also large enough to accommodate some of COAA larger activities such as Zumba dancing, Choir, Yoga, Pilates, euchre tournaments and, on occasion, lunches with entertainment (square dancing, open mic, etc.). There is ample room to accommodate multiple, concurrent small activities such as cards, scrabble, art class, computer courses, etc. The hall on the ground floor is also available and is a good size. However, it is already furnished with large, somewhat immovable tables so we may not be able to use this room on a regular basis. The Orono hub is ideally positioned to provide outreach to Kendal, Leskard and Newtonville. Our current facilities in Newcastle are limited and not conducive to a broad spectrum of programs. The Clarington Older Adult Strategy recommends provision of 3,000 square feet of dedicated "older adult" space in the Newcastle Recreation complex but no date for this has been specified. Until that is completed, and depending upon its design, we would plan to continue to use the existing facilities at Newcastle, but use the Orono Arena Hall as our main hub for Ward 4 activities. COAA "Vision" 12-73 10 D. Tyrone Community Hal Contact, Corinne van de Grootevheen This lovely hall is located in the northern part of Ward 3, ideally suited to servicing the older adult needs of Wards 2 & 3 rural communities such as Haydon, Burketon, Hampton and Tyrone. It is a well -used and well -run facility but, by and large, remains unused during weekdays. This makes it ideal for COAA activities. It has a large hall, stage and kitchen and it is wheelchair accessible. The contact for this facility has indicated a high level of interest in working with COAA to implement programs for seniors. Atthis time we cannot see any limitations at this facility that would prevent COAA from importing any program. E. Sol ina Community Hall Contact, Ron Whitbread This excellent facility has a capacity of 150 people with 2 halls, one up, one down. There is an elevator and the washrooms on the upper floor (the main hall) are wheelchair accessible. Like most community halls in the Municipality, it is under -used, especially during the week. It is occasionally rented out for events such as weddings and parties. Solina is a very small community but it would offer an attractive alternative to residents in the north parts of Ward 1— residents that would not want to travel to the Courtice Complex. It could attract seniors from Haydon, Mitchells Corners and Enfield. While the hall is capable of supporting almost any type of small or large program, the population is unlikely to be large enough to support a varied slate of activities. Therefore, we would see this supporting small activities such as cards, dominoes, canasta, bridge, etc. and occasional programs such as cardio fitness and yoga. Also, this hall would expect a payment from COAA for facilities - $75 for a morning's rental. This will need to be considered because we cannot afford to operate programs or drop -ins at a loss. COAA "Vision" 11 12 -74 F. Baseline Community Centre (BCC) This facility is located on Baseline Road in Bowmanville and is largely unused. The Operations Department of the Municipality has just released an RFP (Request For Proposal, May 29th, 2015) for interested parties to lease this facility. We hope the Municipality reconsiders this decision because this facility will provide a low cost solution to some urgent problems we are experiencing at The Beech Centre. First, our parking situation is critical at certain times during the week. If we move programs from Beech to BCC at these critical times we would see an immediate reduction in parking congestion. Secondly, we will be able to move some low attendance programs to BCC thus freeing up larger rooms at Beech for programs with bigger space requirements. Another bonus is that we can move evening programs to BCC when there are large, midweek rentals taking place at Beech. This would further help the parking problem. BCC is about 4,500 square feet on the ground floor, accessible and with a kitchen. It has excellent parking and is only about 2 kilometers from the Beech Centre. Moreover, we have the facilities to conveniently transport members between sites in the event that they wish to attend programs in both centres. It is also ideal for evening programs. The operating cost of BCC is about $9,800 per year with no extra staff costs since most of the programs at BCC will be operated by volunteers. We believe we can recover at least $4,500 of this cost with evening and weekend rentals. So, the bottom line will be an annual cost of about $5,300 — a small price to pay for such significant benefits to. COAA, its members and, more importantly, to our residential neighbours on Beech Avenue. Therefore, we have identified this facility as the major catalyst to effect a real impact upon the programming and parking congestion at the Beech Centre. G. Newcastle & District Recreation Complex COAA "Vision" 12-75 This facility will continue to be used for pickleball and badminton, which will be activities covered by the new "Action Card ". Hopefully, members will also be able to take advantage of the pool at this excellent facility. 12 H. Implementation Plan The implementation of each facility depends upon availability, staffing, development of programs, coordination of local volunteers, etc. However we do not anticipate any major difficulties and expect all facilities to be operational by the end of 2016. We have shown Hampton Hall on the plan, This small facility, like many of the other community halls, is largely unused during the daytimes and could be deployed although, given its proximity equi - distant from Tyrone and Solina, we did not consider it as a short term opportunity. Our suggested implementation is as follows: Current(2015) 2016 2017 2018 2019 2020 Winter SprlSum Fall Winter SprWa Fall Wnler SK&m Fall Winter 4Aum Fall Inter 4 Mu;F Fall Beech Centre Temporary Newcastle Facility Enhanced N��asle Facility Bas�reCommurdtyCer�e 0mokenaKommu*Cenlre SWCMftMunB Gffh Tyrone Hall CommunilyCente llampbnHaB Special eu =ntlpromo!Wloppoi9&s- Newm&,Bur M, Haf to, Nntasle WOO, BowmandeTennis Club, etc While we have mentioned the possibility of using Hampton Hall we're not certain about either its suitability or location at this time. Decisions will depend upon the success of our Tyron and Solina initiatives. 3. Volunteers In order for COAA to expand into additional facilities, we need to increase our dependence upon our volunteer community and recruit new volunteers directly from the locales where we are establishing programs: • Identify existing members that live in the communities into which we are expanding. • Solicit their assistance with identifying programs that might be appropriate for their communities. • Recruit these members to coordinate or assist with program implementation. • Recruit volunteers from existing community halls by offering them incentivesto join or help COAA. • Use local volunteers to help us reach out to the community — local knowledge of "where to find the older adults ". • Use advertising not only to promote the COAA but also to recruit volunteers. COAA "Vision" 13 12-76 4. Advertising & Promotion We will maintain a sustained program to advertise and promote COAA — its programs and services, its locations and events and the need for volunteers. This will take many forms: • Program Guide — expanded to cover the new facilities • COAA information sheets - 3 -fold brochures • Introduction of a monthly newsletter • "Did You Know" promotion card stock • Poster promoting recreational, social and fitness aspects of COAA • Paper place mats for distribution to restaurants We will extend our reach by distribution of promotional material to: • Health Care facilities, Doctor's and Dentist's offices, Podiatrist's offices and Retirement communities (to promote well -being programs) • Tourist centres, Real Estate offices and Builder's sales centres (to reach out to newcomers to the Municipality) • Local libraries and all Municipal facilities notice boards and reception desks • Drug stores, Spas and Massage therapists • Display tables at local events — Maplefest, Applefest, Home Show, Orono Fair, Orono street market, Clarington Sports & Leisure Fair, etc. • Wilmot Creek • Adams House, Comfortable Alternatives, Rosewood Manor and York House • Glen Hill Terrace, Seasons, Harmony Estates, White Cliffe Terrace, Marnwood and FosterBrooke. • Reach out to disability groups: CNIB, Canadian Hearing Society, Heart and Stroke Society. We will advertise in: • Clarington Promoter • The Village Voice • Orono Weekly Times • Social media (Facebook & Twitter for event promotion) • Rogers Cable Channel: • "Daytime Durham ", "Senior's Talk" • www.villageofnewcastle.ca web page We will utilize our members in outlying communities by asking them to speak to their community via men /women's groups, social clubs, ethnic organizations, church groups, etc. We will develop a prepared text and Powerpoint to be used by Board members to speak to service clubs, the Board of Trade, special interest groups. clubs, etc. Expand the use and dependency upon our "My Seniors Centre" software to be used for targeted event or program participation and use of our automated telephone call capability to contact specific members to notify them of program changes. COAA "Vision" 12 -77 14 Expand COAA website to include the new facilities, With the Municipality's cooperation, add a new "seniors" tab to the clarington.net website. This will direct them to a portal that will link to all older adult services and facilities throughout the region. Similarly, the COAA website will provide links to other services for seniors in the Municipality. Maintain a closer relationship with Municipal councilors in order to stay more in touch with events and senior's needs in their communities. Develop special promotional material that describes programs which may be of interest to people recovering from illness or grief. Provide this material to social workers, grief counsellors and funeral parlours. S. Diversity Our goals are clear. Provide programs to older adults that promote sociability, recreation and fitness. We also have to ensure that our programs are relevant to the community in terms of their cultural significance but also strive to make them accessible to older adults with special interests and needs. There are many ways in which we can attract members and, at the same time, identify the type of programs and activities that are needed in each community: A. Short term: Activity Outcome • Fall Open Houses and Registration Days held at • Increase in membership registration. Newcastle, Courtice and Bowmanville locations to . Increase awareness of drop -in include opportunities for members to request programs. different programs and activities • Opportunity to promote COAA activities in satellite locations. • Opportunities to learn from new members with regards to their program preferences. • Offer classes at Baseline Community Centre - yoga, • Increases capacity in Beech Centre pilates, Zumba, 20/20/20 and bingo. thus helping to relieve parking congestion and freeing up space for more programs. • Better space for classes that are now Jimited by space restrictions. • Increase awareness of the COAA to residents of south Bowmanville. COAA "Vision" 1s 12 -78 • Develop a public relations plan for Courtice to engage the membership and solicit their help and advice for implementation of new programs and activities. • Increase variety of programs offered at Courtice . location with more social programing. • Utilize the kitchen to support a lunch program, cooking classes and special events. B. Mid -term • Encourages greater membership commitment at this location. • Relieve overcrowding at Beech Centre • Supports a sense of community at this location. Activity Outcome • Open House /Demo Days at satellite locations. • Increase awareness of COAA and its • Presentations to service clubs, social clubs, special programs in remote locations. interest groups (social, religious, etc) to understand • Provides a forum for feedback from their needs the community as to the needs for recreational activities in that area /community • Host special events in satellite locations, such as • Increases visibility of COAA but also theatres, dances, card tournaments, etc encourages participation from older adults who live further away or even from seniors outside the Municipality. • Education workshop/ Health Workshop • Provide community support and • Bring in speakers and health professionals to provide awareness. workshops in local community halls • Establish core community members who could act as contact people within the community and help establish teams that would support future programing. C. Long term Activity Outcome • Provide regular fitness, social and special interest • Respond to the specific needs of the programing at Orono Area community as assessed by feedback gathered from Open House and Special Events hosted at this location. • Build the core group that would support future growth COAA "Vision" 12 -79 16 D. On -going Activity Outcome • Maintain ongoing contact with special interest • Increases awareness of COAA groups, such as: programs • Community Care • .Allows COAA to build programs of • Religious community groups interest and relevance to specific • Senior's homes groups and specific demographics. • Doctor's offices and clinics • Build the core group that would • Social clubs support future growth • Wilmot Creek Community Association • Service Clubs • Sponsor development of local community program • Ensures COAA programs remain in committees. step with user's needs • Provide regular fitness, social and special interest • Enhances penetration opportunities programing at Tyrone Community Hall We also intend to approach the following Social Services agencies: • AIDS Committee of Durham, 22 King Street West, Suite 202, Oshawa 905- 576 -1445 • Alzheimer's Society of Durham • Canadian Hearing Society, 575 Thornton Rd. N, Suite 7, Oshawa, 1- 888 - 363 -0373 • Durham Deaf Services • Heart & Stroke Foundation, 2 -105 Consumers Drive, Whitby, (905) 666 -3777 • March of Dimes, Oshawa • Canadian Cancer Society, 3 -12 Stanley Court, Whitby, 1- 800 - 668 -7830 • Canadian Diabetes Association, 144 Old Kingston Road, Ajax, 1- 866 - 463 -6910 • Canadian Mental Health • CNIB, 1 Mary Street North, Oshawa, (905) 436 -7732 • Canadian Parkinson's Disease Association • Alcoholics Anonymous • . Alanon • Narcotics Anonymous • Victorian Order of Nurses ... they provide SMART exercise program • Distress Centre, Durham Region, 1- 800 - 452 -0688 • CARP magazine • Gay, lesbian and transgender community groups • PFLAG (parents and friends of gays and lesbians) • Community Development Council, Durham for dances COAA `Vision" 17 12 -80 6. Penetration (Membership) According to the Clarington Older Adult Strategy, the population of seniors in Clarington will increase year over year by 3 %. Given that we are currently restricted by our limited facilities, our ability to reach outto other areas of the Municipality will be predicated upon the provision of satellite facilities. If these facilities are made available according to the timetables outlined in Section 2 we will be able to absorb the projected growth, increase penetration and provide diversified program to large and small communities throughout the Municipality. The following charts show the numbers and revenues associated with membership expansion.. We are proposing that COAA be given a contract to operate as an "outsourcer" to the Municipality under 5 -year contracts. Therefore, the following charts show the projected revenues from membership for three, 5 -year contracts. 2016 through 2020: Statistics from Older Adult Strategy Report: 2016 2017 2018 2019 2020 Population (seniors over50) 29725 30617 31535 32481 33455 Penetration % 8 10 11 12 13 Target number of members 2378 3062 3469 3898 4349 Revenues: 2016 2017 2018 2019 2020 Memberships and Drop -in revenues 121363 145636 160199 171413 194335 Membership fee 20 20 20 20 20 Drop -in fee (HST not included) 2 2 2 2 2 Members 2520 3024 3326 3559 3737 Penetration percentage 8 10 11 11 11 "Action Card" members 252 302 333 356 374 "Action Card memberships 3780 4536 4990 5339 5606 "Action Card" annual fee (HST included) 15 15 15 15 15 Non- member Program registrants 313 391 488 6101 763 Numberof Drop-ins 40320 48384 53222 56948 59795 Program registration revenues 177600 213120 255744 306893 337582 Special Event revenues 16500 18150 19965 21962 24158 Revenues from members, programs & events 319243 381442 440898 505607 561680 Costs: 2016 2017 2018 2019 2020 Program - related costs: Instructor fees. 159840 191808 230170 276204 303824 Equipment costs (satelliites) 5328 6394 7672 9207 10127 Advertising &Promotion 2664 3197 3836 4603 5064 Cleaning costs 7104 8525 10230 12276 13503 Transportation costs (programs) 888 1066 1279 1534 1688 Special Event- related costs: 0 0 1 0 0 0 Staffing requirements 2475 2723 2995 3294 3624 Transportation costs (events) 1650 1815 1997 2196 2416 Advertising & Promotion (events) 24751 2723 2995 32941 3624 Costs associated with Programs & Events 182424 • 218249 261173 312608 343869 COAA "Vision" 12 -81 18 2021 through 2025: Statistics from Older Adult Strategy Report: 2021 2022 2023 2024 2025 Population (seniors over 50) 34459 34976 35501 36033 36574 Penetration % 13 13 13 13 13 Target numberofmembers 4480 4547 4615 4684 4755 Revenues: 2021 2022 2023 2024 2025 Memberships and Drop -in revenues 223672 234856 246598 258928 271875 Membership fee 25 25 25 25 25 Drop -in fee (HST not included) 2 2 2 2 2 Members 3924 4120 4326 4543 4770 Penetration percentage 11 12 12 13 13 "Action Card" members 392 412 433 454 477 "Action Card memberships 5886 6180 6489 6814 7155 "Action Card" annual fee (HST included) 15 15 15 15 15 Non - member Program registrants 954 1192 1490 1863 2328 Numberof Drop -ins 62785 65924 69221 72682 76316 Program registration revenues 371340 408474 449322 494254 543679 Special Event revenues 26573 29231 32154 35369 38906 Revenues from members, programs & events 627472 .678741 734563 795365 861615 Costs: 2021 2022 2023 2024 2025 Program - related costs: 0 0 0 01 0 Instructor fees 334206 367627 404390 444829 489311 Equipment costs (satel li ltes) 11140 12254 13480 14828 1631 Advertising &Promotion 5570 6127 6740 7414 8155 Cleaning costs 14854 16339 17973 19770 21747 Transportation costs (programs) 1857 2042 2247 2471 2718 Special Event- related costs: 0 0 0 0 0 Staffing requirements 3986 4385 4823 5305 5836 Transportation costs (events) 2657 2923 3215 3537 3891 Advertising & Promotion (events) 39861 43851 4823 5305 5836 Costs associated with Programs & Events 3782561 4160821 4576901 503459 553805 We have allowed for increase in the amounts we charge for membership and drop -ins. These increases will take place at the start of the 2nd and 3`d of the 5 -year periods. However, no attempt has been made to apply Net Present Values to the financial numbers. COAA "Vision" 19 12 -82 2026 through 2030: Statistics from Older Adult Strategy Report: 2026 2027 2028 2029 2030 Population (seniors over50) 37122 37679 38244 38818 39400 Penetration % 13 13 13 13 13 Target number of members 4826 4898 4972 5046 5122 / Revenues: 2026 2027 2028 2029 2030 Memberships and Drop -in revenues 285469 299742 314729 330465 346989 Membershipfee 25 25 25 25 25 Drop -in fee (HST not included) 2 2 2 2 2 Members 5008 5259 5522 5798 6088 Penetration percentage 13 14 14 15 15 "Action Card" members 501 526 552 580 609 "Action Card memberships 7512 7888 8282 8696 9131 "Action Card" annual fee (HST included) 15 15 15 15 15 Non- member Program registrants 2910 3638 4547 5684 7105 Number of Drop -ins 80132 84138 88345 92762 97400 Program registration revenues 598047 657852 723637 796001 875601 Special Event revenues 42797 47076 51784 56962 62659 Revenues from members, programs & events 933825 1012558 1098433 1192125 1294380 Costs: 2026 2027 2028 2029 2030 Program - related costs: 0 0 0 0 0 Instructorfees 538243 592067 651273 716401 788041 Equipment costs (satelliites) 17941 19736 21709 23880 26268 Advertising & Promotion 8971 9868 10855 11940 13134 Cleaning costs 23922 26314 28945 31840 35024 Transportation costs (programs) 2990 3289 3618 3980 4378 Special Event - related costs: 0 0 0 0 0 Staffing requirements 6420 7061 7768 8544 9399 Transportation costs (events) 4280 4708 5178 5696 6266 Advertising & Promotion (events) 1 64201 7061 7768 8544 9399 Costs associated with Programs & Events'l 6091851 670104 737114 8108261 891908 Attention is drawn to year 2020. We anticipate that, with a membership approaching 5,000, our facilities, including the satellites, will become saturated at about this time. Furthermore, we believe that a 13% penetration rate is as high as we can reasonably expect to achieve given the geographical size of our Municipality. Having said this, there are.significant changes happening in our Municipality over the next few years, especially those related to the Highway 407 extension and the introduction of GO Transit facilities. These will inevitably "urbanize" communities that are undeniably rural today, and this may impact both the number of older adults and the accessibility of traditionally remote communities. The Clarington Older Adult Strategy identifies a huge growth in population in Bowmanville and Courtice over the next 15 years. If this becomes a reality then, clearly, The Beech Centre and the 3,000 square feet Courtice facility will become inadequate to support the Municipality's requirements for senior's recreational and social facilities. No matter who is charged with providing services for seniors — Municipal or "outsourced" — the problem will be the same and should be considered with some urgency. COAA "Vision" 12 -83 20 7. Programs We currently offer a broad array of programs and activities to suit seniors from all walks of life: Fitness Programs: Recreational: Diversity: Badminton Choir French lessons Pickleball Darts Spanish lessons Boot Camp fitness Billiards . Chinese yoga Hiking Book club Tai Chi Strength training Cooking lessons African drumming Weight training Art class Chinese water colours Yoga Open mike Yoga on the ball Social lunches Workshops Zumba Dances Blood pressure clinic Pilates Knitting group Wills & Estates Bicycle club Scrabble Chronic Pain Workshop Arthritis fitness Bingo Roles of an Executor Cardio fitness Theatre group Healthy Choices Pole walking Dominoes Soccer Shuffleboard Programs being considered Table tennis Gardening Music appreciation Learn to run Jam sessions Art history Lawn bowling Ukulele lessons English as a second language Wood carving Canadian history Technical Horse shoes Softball Apple computing Bocci ball Digital Camera controls Mahjong iPad fundamentals Cards Chess Windows 8 & 8.1 Canasta Boot camp Exploring the Internet Cribbage Nia Social bridge Chair Zumba Dance Poker 20/20/20 Square dancing Euchre Weight Training Tap dancing Duplicate bridge Dr. Carla King - Naturopath Ballroom dancing Brain fitness Latin dancing Learn to play Euchre Diva Dance In addition, we plan to engage our membership, especially in the satellites, to identify new programs and activities in their facilities. COAA "Vision" 21 12 -84 8. Finances The following spreadsheets illustrate the overall Operating Statement for three, 5 -year periods using the "outsourcing" model. Attention is drawn to the Municipal Grant revenue item which will reduce each year as memberships, grants & drop -in revenues increase, It also includes incentive salary increases based upon achievement of targets. We have also introduced an expense item, "Transfer to Capital Fund ". This will be a provisional fund used to pay for new equipment and furnishings, etc. There is an assumption that all facilities will be rent free and available according to the schedule outlined in section 2 Outreach (Facilities). Operating Statement 20161 20171 203LBI 2019 2020 Revenues: Federal /Provincial Grants $42,000 $42,000 $42,000 $42,000 $42,000 Grants (Other) $20,000 $24,000 $28,800 $34,560 $41,472 Scheduled programs $177,600 $213,120 $255,744 $306,893 $337,582 Membership & Drop -ins $121,363 $145,636 $160,199 $171,413 $194,335 Revenues from "Action Card" $3,780 $4,536 $4,990 $5,339 $5,606 Donations /Sponsorship $11,000 $12,100 $13,310 $14,641 $16,105 Fundraising $71,000 $78,100 $85,910 $94,501 $103,951 Rental revenues - Baseline Centre $4;500 $4,725 1 $41961 $51209 $5,470 Facility Rentals $28,000 $30,800 $33,880 $37,268 $40,995 Event revenues $17,000 $18,150 $19,965 $21,962 $24,158 Cafe & Catering $53,000 $55,650 $58,433 $61,354 $64,422 Revenues before Grant $549,243 $628,817 $708,192 $795,140 $876,095 Municipal Grant $322,761 $303,512 $282,641 $271,398 $250,496 Revenues after Grant $872,004 $932,329 $990,832 $1,067,138 $1,126,591 Expenses: Administration &Office $67,000 $69,000 $71,000 $73,000. $75,000 Maintenance $49,000 $51,000 $52,000 $54,000 $56,000 Utilities $42,000 $43,000 $45,000 $46,000 $48,000 Fundraising $30,000 $32,000 $34,000 $35,000 $37,000 Running costs - Baseline Centre $9,800 $10,094 $10,397 $10,709 $11,030 Salaries / Benefits $415,000 $427,450 $440,274 $453,482 $467,086 Contingency $10,000 $11,000 $12,000 $13,000 $15,000 Scheduled Programs /events $182,424 $218,249 $261,173 $312,608 $343,869 Cafe & Catering $33,000 $36,000 $40,000 $44,000 $48,000 Action Card revenues to CSD $3,780 $4,536 $4,990 $5,339 $5,606 Transfer to Capital Fund $30,0001 $30,000 $Z%OW $20,000 $20,000 Total Expenses $872,004 1 $932,329 $990,832 j$1,067 ,138 1$1,126,5911 Increase in Drop -in fees to $1.75 (before HST) An increase in "Drop -in" fees to $2 (before HST) Introduction of "Action Card" Hire of COAA Administrator Annual 3 % incentive salary increase for a l l staff i f membershi p & drop-in revenue to rgets are achieved Progressive reduction of dependency upon Municipal grant Transfer to Capital Fund to pay for equipment /transport replacement& repairs Rental revenues and Operating costs of Baseline Community Centre COAA "Vision" 22 12 -85 The next spreadsheet shows the second operating period from 2021 to 2025. Operating Statement 2021 2022 2023 2024 2025 Revenues: Federal /Provincial Grants $42,000 $42,000 $42,000 $42,000 $42,000 Grants (other) $49,766 $59,720 $71,664 $85,996 $103,196 Scheduled programs $371,340 $408,474 $449,322 $494,254 $543,679 Membership & Drop -ins $223,672 $234,856 $246,598 $258,928 $271,875 Revenues from "Action Card" $5,886 $6,180 $6,489 $6,814 $7,155 Donations /Sponsorship $17,716 $19,487 $21,436 $23,579 $25,937 Fundraising $114,346 $125,781 $138,359 $152,195 $167,414 Rental revenues - Baseline Centre $5,743 $6,030 $6,332 $6,649 $6,981 Facility Rentals $45,094 $49,604 $54,564 $60,020 $66,023 Event revenues $26,573 $29,231 $32,154 $35,369 $38,906 Cafe & Catering $67,643 $71,025 $74,576 $78,305 $82,220 Revenues before Grant $969,781 $1,052,388 $1,143,494 $1,244,110 $1,355,386 Municipal Grant $238,821 $213,108 $L44,136 $172,287 $145,841 Revenues after Grant $1,208,602 $1,265,496 $1,337,630 $1,416,397 $1,501,227 Expenses: Administration &Office $78,000 $80,000 $82,000 $85,000 $87,000 Maintenance $57,000 $59,000 $61,000 $63,000 $65,000 Utilities $49,000 $50,000 $52,000 $53,000 $55,000 Fundraising $39,000 $41,000 $43,000 $45,000 $47,000 Running costs - Baseline Centre $11,361 $11,702 $12,053 $12,414 $12,787 Salaries/ Benefits $ 481,099 $495,532 $510,398 $525,710 $541,481 Contingency $16,000 $18,000 $19,000 $21,000 $24,000 Scheduled Programs /events $378,256 $416,082 $457,690 $503,459 $553,805 Cafe & Catering $53,000 $58,000 $64,000 $71,000 $78,000 Action Card revenues to CSD $5,886 $6,180 $6,489 $6,814 $7,155 Transfer to Capital Fund $40,000 $30;000 $30,000 $30,000 $30,000 Total Expensesi $1,208,602 $1,265,496 1$1,337, 630 $1,416,397 $1,501,227 An increase in "Basic" membership.to $25 (Before HST) Annual 3% incentive salary increasefor all staffifinembership &drop -in revenuetargets are achieved Progressive reduction of dependency upon Municipal grant Transfer to Capital Fund to pay for equipment/transport replacement & repairs As described in Section 6 Penetration (Membership), we believe that we will reach a critical mass at this time with our membership and drop -in numbers. COAA "Vision" 23 12-86 The final spreadsheet shows the third operating period from 2026 to 2030 Operating Statement 20211 20221 20231 20241 2025 Revenues: Federal /Provincial Grants $42,000 $42,000 $42,000 $42,000 $42,000 Grants (Other) $123,835 $148,602 $178,322 $213,986 $256,784 Scheduled programs $598,047 $657,852 $723,637 $796,001 $875,601 Membership & Drop-ins $285,469 $299,742 $314,729 $330,465 $346,989 Revenues from "Action Card" $7,512 $7,888 $8,282 $8,696 $9,131 Donations /Sponsorship $28,531 $31,384 $34,523 $37,975 $41,772 Fundraising $184,156 $202,571 $222,828 $245,111 $269,622 Rental revenues - Baseline Centre $7,330 $7,697 $8,081 $8,485 $8,910 Facility Rentals $72,625 $79,887 $87,876 $96,664 $106,330 Event revenues $42,797 $47,076 $51,784 $56,962 $62,659 Cafe & Catering $86,331 $90,648 $95,180 $99,939 $104,936 Revenues before Grant $1,478,633 $1,615,347 $1,767,243 $1,936,286 $2,124,734 Municipal Grant $133,961 $84,667 $38,817 ($13,931) ($78,146) Revenues after Grant $1,612,593 $1,700,015 $1,806,060 $1,922,355 $2,046,588 Expenses: $0 $0 $0 $0 $0 Administration & Office $90,000 $93,000. $95,000 $98,000 $101,000 Maintenance $66,000 $68,000 $70,000 $73,000 $75,000 Utilities $57,000 $58,000 $60,000 $62,000 $64,000 Fundraising $50,000 $52,000 $55,000 $57,000 $60,000 Running costs - Baseline Centre $13,170 $13,565 $13,972 $14,392 $14,823 Salaries /Benefits $557, 725 $574,457 $591,691 $609,441 $627,725 Contingency $26,000 $29,000 $31,000 $35,000 $38,000 Scheduled Programs /events $609,185 $670,104 $737,114 $810,826 $891,908 Cafe & Cate ring $86,000 $944,000 $104,000 $114,000 $125,000 Action Card revenues to CSD $7,512 $7,888 $8,282 $8,696 $9,131 Transferto Capital Fund $50,000 $40;000 $40,000 $40,000 $40,000 Total Expenses $1,612,593 $1,700,015 $1,806,060 1$1,922,355 $2,046,588 Annual 3 %incentive salary increase for all staff if membership & drop -in revenue targets area chi eved Progressive reduction of dependency upon Municipal grant Transfer to Capital Fund to pay for equipment/transport replacement & repairs If our projections and the predictions shown in the Older Adult Strategy are correct, we can anticipate that reliance upon the Municipal Grant will end during this period. Operating surpluses can be ploughed back into programs, used to supplement the Capital Fund or returned to the Municipality. COAA "Vision" 12 -87 24 9. Alternative Revenue Sources There are many opportunities available for obtaining revenues from grants, sponsorships, donations, etc. that, if given the opportunity, we plan to pursue. For example: • Ontario Ministry of Health's, Healthy Communities Fund • The federal government's New Horizons for Seniors Program offers funding of up to $25,000 per year for capital assistance to fund projects that engage seniors and address one or more of the program's five objectives: volunteering, mentoring, expanding awareness of elder abuse and social participation. There were over 1,850 community -based projects that received awards in 2014/2015 under this program. • We shall pursue corporate sponsorships for special projects promoting senior's fitness in the Municipality. • We shall pursue partnerships /sponsorships with suppliers of senior's products. • The SMILE Theatre is a not- for - profit group that travels the province staging theatre productions for older adults. We are currently running three or four productions each year to full houses at each performance and, as a result of a generous donation each year from Ontario Power Generation, we are able to reduce the ticket price down to $5 and still make a healthy profit. We intend to implement more sponsored activities of this nature. 10. Conclusion The revenue calculations in our proposal are based upon the predictions illustrated in the Clarington Older Adult Strategy. Providing we are given the opportunity to expand our services to the identified satellites, even if the growth predictions are incorrect, we still believe we can increase our penetration into the older adult demographic and maintain our estimates of income. We also believe that we are the only agency in the Municipality that is capable of achieving the required levels of penetration while continuing to provide excellent, relevant and timely programs and services. Finally, we think our proposal for a fully outsourced older adult agency, working collaboratively with the Community Services Department, will develop into a strong partnership that combines the skills and capabilities of both parties for the benefit of all older adults in our Municipality. COAA "Vision" 25 Corporate Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: COD - 014 -15 Resolution: File Number: RFP2015 -7 By -law Number: Report Subject: Facilities Development Strategy Recommendations: 1. That Report COD - 014 -15 be received; 2. That Monteith Brown Planning Consultants, with a total bid amount of $59,987.52 (net H.S.T. Rebate) being the highest scoring proponent meeting all terms, conditions and specifications of Request for Proposal RFP2015 -7 be awarded the contract for the development of the Facilities Development Strategy as required by the Municipality of Clarington, Community Services Department; 3. That the funds required in the amount of $ 59,987.52 (net HST Rebate) be drawn from the following accounts: Community Services Consulting 100 -42- 130 - 10085 -7160 $ 59,987.52 4. That all interested parties listed in Report COD - 014 -15 and any delegations be advised of Council's decision. 14 -1 Municipality of Clarington Report COD - 014 -15 Page 2 Report Overview To request authorization from Council to award the contract for the Facility Development Strategy as required by the Municipality of Clarington's Community Services Department. 1. Background Specifications were provided by Community Services Department for requirements of the strategy development required for the Community Services Facilities. The intent of this RFP was to secure the services of a qualified consultant for the purpose of developing a Facilities Development Strategy for the Community Services Department. The strategy will provide the framework for new facilities development and existing facilities expansion to meet the growing and ever changing needs of the residents of Clarington out to the year 2031. Request for Proposal #RFP2015 -7 was prepared and posted on the Municipality of Clarington's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website. Five (5) firms registered as downloading the document. The Request for Proposal closed Thursday, May 28, 2015. 2. Facilities Development Strategy The RFP was structured as a "two- envelope" model with each submission including a detailed Technical Proposal (Envelope 1) and a sealed separate envelope with a Pricing Proposal (Envelope 2). The selection process stipulated that the envelopes containing the pricing information would not be opened until the evaluation of the Technical Proposals had been completed. As stipulated within the proposal document, proponents were evaluated based on the following criteria: • Experience of Firm • Firm's Experience with green development standards, guidelines and incentives • Qualifications of Project Team and Key Personnel assigned to the project • Project Approach and Methodology • Compliance & Completeness • Pricing /Cost 14 -2 Municipality of Clarington Report COD -014 -15 Page 3 In addition to the above evaluation criteria the Request for Proposal documents stipulated that, the vendor selection would be made on the basis of the written proposal, reference checks and an interview if required. Two (2) proposals were received in response to the request for proposal. Firms who responded were Monteith Brown Planning Consultants and the Rethink Group. Both Proposals were deemed to be compliant and were provided to the members of the Evaluation Committee for their review. The proposals were reviewed and scored by the evaluation team consisting of staff from the Community Services Department and Corporate Services Department. Proposals were scored in accordance with the established evaluation criteria. Based on the evaluation criteria both firms met the technical evaluation threshold and moved forward in the process. It was deemed that no presentation would be required to provide further clarification regarding the proposals received. Pricing envelopes were opened and scored according the pre - established formula and weighting. Upon completion of the analysis of the Proposal the Community Services Department and Purchasing Services Division mutually agreed that the highest ranked proponent, Monteith Brown Planning Consultants be recommended for the award of contract RFP2015 -7 for the Facilities Development Strategy as required by the Municipality. Monteith Brown Planning Consultants has completed several projects for the Municipality of Clarington in the past. 3. Financial and Budget Considerations That the funds required in the amount of $ 59,987.52 (net HST Rebate) be drawn from the following accounts: Community Services Consulting 100 -42- 130 - 10085 -7160 $ 59,987.52 4. Concurrence This report has been reviewed by Joseph Caruana, Director of Community Services, who concurs with the recommendations. 14 -3 Municipality of Clarington Report COD - 014 -15 Page 4 5. Conclusion It is respectfully recommended that Monteith Brown Planning Consultants being the highest scoring proponent with a bid of $ 59,987.52 (net H.S.T. rebate) be awarded the contract for the Facilities Development Strategy as per specifications and requirements noted within Request for Proposal # RFP2015 -7. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: *ene Marano, H.B. Sc., C.M.O. Director of Corporate Services Reviewed by() �- L Franklin Wu, Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or dferguson @clarington.net List of interested parties to be notified of Council's decision is on file in the Corporate Services Department. MM /DF /sm 14 -4 ��. Corporate Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: COD - 015 -15 Resolution: File Number: CL2015 -15 By -law Number: Report Subject: Odell Street and Prospect Street Reconstruction Recommendations: 1. That Report COD - 015 -15 be received; 2. That Nick Carchidi Excavating Ltd. with a total bid amount of $1,246,670.36 (net H.S.T. Rebate) being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2015 -15 be awarded the contract for Odell Street and Prospect Street Reconstruction as required by the Municipality of Clarington, Engineering Services Department; 3. That the funds required in the amount of $ 1,349,621.95 (net HST Rebate) including construction cost of $ 1,246,670.36, $50,270.22 contingency and $52,681.37 contract administration and other costs associated with the project, be drawn from the following accounts: Odell Street Reconstruction 110 -32- 330 - 83414 -7401 $ 576,000.00 Funded by Region of Durham $ 735,120.60 4. That the Funding shortfall be funded from the following account: Duke Street Reconstruction 110 -32 -33.0 =83359 -7401 $ 38,501.35 5. That all interested parties listed in Report COD - 015 -15 and any delegations be advised of Council's decision. 14 -5 Municipality of Clarington Resort COD - 015 -15 Report Overview e2 To request authorization from Council to award the contract for the Odell Street and Prospect Street Reconstruction as required by the Municipality of Clarington's Engineering Services Department. 1. Background Tender specifications were provided by Engineering Services Department for Odell Street and Prospect Street - Reconstruction. The scope of work for this project, involves the reconstruction of Odell Street and a portion of Prospect Street to bring them to an urban standard with standard curb and gutter and sidewalk on one side. The existing storm sewer system will be replaced. The Region of Durham will be working in cooperation on this project as well to replace the watermain and sanitary sewer. Tender #CL2015 -15 was prepared and posted on the Municipality of Clarington's website. Notification of the availability of the document was posted on the Ontario Public Buyer's Association website. Eleven (11) companies registered as downloading the document. The Tender closed Friday, June 12, 2015. 2.. Odell Street Reconstruction Two (2) submissions were received in response to the tender call. Bids were reviewed and tabulated (see Attachment 1). All submissions were deemed to be compliant. After review and analysis of the bid the Engineering Services Department and Purchasing Services Division mutually agreed that the low bidder, Nick Carchidi Excavating Ltd. be recommended for the award of contract CL2015 -15 for the Odell Street and Prospect Street Reconstruction work as required by the Municipality. (See Attachment 2 — Recommendation Memo from Engineering Services Department.) Nick Carchidi Excavating Ltd. has completed several projects for the Municipality of Clarington in the past. 3. Financial and Budget Considerations The Region of Durham will be funding the sanitary and watermain replacement on Odell Street and Prospect Street. The total portion of the contract funded by the Region of Durham is $735,120.60 (net of H.S.T. Rebate). The Municipality's portion is $614,501.35 (net H.S.T. Rebate) plus contingency, contract administration plus other project costs. EM-1 Municipality of Clarington Report COD - 015 -15 Page 3 The total project cost of $ 1,349,621.95 (net HST Rebate) includes the construction costs of $ 1,246,670.36 (net H.S.T. Rebate), the total bid from Nick Carchidi Excavating Ltd., and project contingency of $50,270.22 (net H.S.T. Rebate) and $52,681.37 in other project related costs including contract administration, material testing, etc. The approved budget for this project was $576,000.00 thereby leaving a shortfall of $38,501.35 (Net H.ST. Rebate). Engineering Services recommends transferring the required funds from Duke Street Reconstruction Account 110 -32- 330 - 83414 -7401. Funding required for this project will be drawn from the following Engineering accounts: Odell Street Reconstruction Duke Street Reconstruction Funded by Region of Durham 4. Concurrence 110 -32- 330 - 83414 -7401 $ 576, 000.00 110 -32- 330 - 83359 -7401 $ 38,501.35 $ 735,120.60 This report has been reviewed by Tony Cannella, Director of Engineering Services Deoartment, and concurs with the recommendations. 5. Conclusion It is respectfully recommended that Nick Carchidi Excavating Ltd. with the lowest compliant bid of $1,246,670.36 (net H.S.T. rebate) be awarded the contract for the Odell Street and Prospect Street Reconstruction as per specifications and requirements noted within Tender CL2015 -15. 6. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: M rie Marano, H.B. Sc., C.M.O. Director of Corporate Services Nancy Ta to , A, CPA, CA., Director of Finance/Treasurer Reviewed by Franklin Wu, Chief Administrative Officer Staff Contact: David Ferguson, Purchasing Manager, 905.623.3379 Ext 2209 or dferguson@clarington.net 14 -7 Municipality of Clarington Report COD - 015 -15 Page 4 Attachments: Attachment 1 — Tabulation of Bid Summary Attachment 2 — Recommendation Memo from Engineering List of interested parties to be notified of Council's decision is on file in the Corporate Services Department. MM /DF /sm 14°-8 Municipality of Clarington �r Attachment 1 to )ort COD - 015 -15 Municipality of Clarington SUMMARY OF BID RESULTS Tender CL2015 -15 ODELL STREET AND PROSPECT STREET RECONSTRUCTION Bidder Total Bid (including H.S.T) Total Bid (Net H.S.T Rebate) Nick Carchidi Excavating $1,384,372.54 $ 1,246,670.36 Coco Paving Inc. $1,389,375.92 $1,251,176.05 14 -9 Attachment 2 to Report COD - 015 -15 TO: David Ferguson, 'PLrch asing Manager FROM: Ron Albright, Assist6nt Director Engineering 5 e Nices DATE: June 15-1 2016 RE; Odell.] Street and.Prospect Street Reconstruction, BoWM �.V!410 The EnOemering .$OrVidat Department has reviewed the subM Issions: for CL2045- -15 and -offers the following comments. The li m-its of -the _.,prq.jqct are 004 Street from $cugog Street to east of Lambs Road and Progoodt Street from Odell Street go herIv to the CPR bridge, in PG 'Manville. Prior to . ­­ :.. .- . IrO. - Odell Public ." southerly .4 completing thedesign.,:a 4nformation Centre Washeld on M0y-7j 2015 to review the project with the public and to get .their input regarding the proposed works. Odell -Street Is currently coastructeato q semi urban crQss, section with asphalt gutters and sidewalk ­bn.th--e.;8oUth s ide anti no curbs Prospbo t Street is ourfently a semi, urban with caspbalf gutters and ditches, Upon completion W the works, Odell Street and a portion of Prospect Street will be reconstructed to an urban -standard with curb and n a ist ... s - gutter and d sid.ew Ik on oneside. The ex itIg storm sewer system on the -road will be reotcabed. The Mui icip-ality of Clarinot n is working in cooperation with 4he:Reglon of n,., 0; 0 * Durham on this - r6j.e'*G*t. They b re sanitary p : e pacth.gthe and s6- * it y. sewer on Odell Street and Orospect:Streot. The low bidder on this contract was Nick Garohldl Excavating Ltd. =Based pn pas exp� ien . c . e with this contractor; We tecoftirh6 d award of the contract to . Nick. Q-pebhld 1 :Excavating Ltd. In the' Mouht Of 2.55, inclusive of -HST, of $i,246,670.36,h6t of HST rebate. The portion the,.dontract that will be funded by the Region of Durham is $$16,31 "9:;47, inbluslVe of HST, of $735.,120.60 net *of HST rebate-, which represents the .cost of the sanitary and Watormaiin :servicing and their contribution to the road related items associated with their works. The portion of the contract that will be funded by the Municipality is $660,053.48 -Inclusive . of HST. or $511.549.16 net of HST rebate. 14-10 Od . oil . Street qn.d Prospect Street. Recoll§tl'LICtiOtl,,OQW.IM.tlVille, 0 .. L201 6-15 2 JLfne 16, 2016 A on t tat contingency . ... tinge.ney amourlt of approximately 10% of construction costs is required for this projeo, based on past experlpn.ce. Therefore the Engineering Department advises 6f file following project cost breakdown: Construction C, . gt, Material Testing, Utility Verification and Contract Admininstratiq R. BqspO :On LOW B net: of (netof HST *ato) $504.231..13 I ........ .. contingencies (net of MST) $-50,27 Total Cost (Qlaringto.'n Sharp) . ............. . ... Budg6t.Amount 110 -32- 030 -83414 -7401 $V6 000.00 Estimated Unexpended, Budget $0.00 Additional - Funding Requited $38,501.36, 'A m ore. -detailed breakdown to be provided to Firionoo to provide necessary information for traqK(rig.& Tangible Capital Assets,(TCA.). There is approximately $01;600.-Of unexpended commitments currently in the Duke Street ReoongtrUctioilAcco.u...n.t. The th;dineerin pl- � 41 **.* .9 Departmorit is: still in the process of dealing With :some minor post construction Items but are confident that the :remaining funds will more :than :adequately co ver them. The :Engineering Department ent recommends transferring $38, 501,35 from Acc ount 110-32-33 0 8 -7 to cover _3359 401 (Duke the additional funding forthe Odell Street and Prospect Street Reconstruction project, With the additional fu -nds, the project Is wittiln budget and the Engineering Dept. recommends that the Purphpslng De pt. pve fo. rw ard with award of the. contract on t ments, Should you have any further questions, 0 .he, above portion t' -lease feet free above Ap to Writact.thb undersigned. Regards, rdsP Ron Albright, P. B As8is - tant Director, RA ft/dv Ig Services Pc: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services 14-11 Odell Street and Prospect Street Reconstruction, Bowmanville, CL201.5 -16 3 JUn1Q 15, 2-015 ON RN law Om t��i11 i�1■ li1 � r 14 -12 ni 0 r s Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: June 22, 2015 Report Number: LGL- 005 -15 File Number: Department File #2030 -08 -25 By-law Number: Report Subject: ZEP Wind Farm Ganaraska Renewable Energy Approval No. 1426- 9RWTSS Recommendations: 1.1 That Report LGL -005 -15 be received; 1.2 That Mayor and Clerk be authorized to execute a Road Use Agreement with Ganaraska Nominee Ltd. substantially on the terms set out in the draft agreement attached to this Report (Attachment 4) if the Environmental Review Tribunal dismisses the appeal of the Director's decision to approve the ZEP Wind Farm; and 1.3 That Clarington Wind Concerns, Grant Greenwood and any delegations be advised of Council's decision. 16 -1 Municipality of Clarington Report LGLe- 005 -15 Report Overview Page 2 This Report has been prepared to provide Council with information relating to the proposed ZEP Wind -Farm and to seek authorization to execute a Road Use Agreement. 20 Background 2.1 On January 30, 2015, the Director, Ministry of the Environment and Climate Change approved the renewable energy project that is commonly referred to as the ZEP Wind Farm. A copy of Renewable Energy Approval NUMBER 1426 - 9RWTSS) (the. "Approval ") was previously provided to Council. The Approval contains conditions (M2 and M3) requiring the proponent to enter into a Road Users Agreement with the Municipality and the Region of Durham. 2.2 Attachment 1 to this Report is a Map showing the location of the 9 proposed turbines of the ZEP Wind Farm. 2.3 The company to which the Approval was issued is Ganaraska Nominee Ltd. The proponent has been referred to as ZEP Wind Farm, Sprott Power Corp. and, most recently, Capstone Power Development. 2.4 Council has previously received a lot of background information relating to this proposed project, most recently in Confidential Report LGL- 003 -15 dated February 9, 2015. 2.5 On February 9, 2015, Council directed staff to appeal the Approval to the . Environmental Review Tribunal ( "ERT ") (Resolution #C -054 -15). On February 13, 2015, an appeal was filed (Attachment 2). 2.6 On February 17, 2015, Clarington Wind Concerns filed a separate appeal. 2.7 On February 19, 2015, the ERT issued a decision respecting a proposed wind farm in the former Township of Manvers (Chain Shan Temple v. Director, Ministry of the Environment). This decision dealt with many of the same issues (relating to the Oak Ridges Moraine Act Protection Act, 2001 and the Oak Ridges Moraine Conservation Plan) that were set out in the Municipality's appeal. In a confidential email dated February 20, 2015, 1 provided Council with an analysis of this decision and its implications on the Municipality's appeal. H i Municipality of Clarington Report LGL- 005-15 Paae 3 2.3 On March 2, 2015, Council directed staff to withdraw the ZEP Wind Farm appeal, negotiate a road use agreement, and report back on the results of the negotiations (Item 7 of Resolution #C -065 -15). 2.9 On March 30, 2015, Grant Greenwood appeared as a delegation before the General Purpose & Administration Committee to request that.the Municipality pass a by -law for mandatory fire suppression equipment on any newly installed wind turbines. Council referred Mr. Greenwood's delegation to staff ( #GPA -259- 15). 2.10 In a decision dated April 1, 2015 (Attachment 3), the ERT accepted the Municipality's request to withdraw its appeal. 2.11 The ERT hearing respecting the Clarington Wind Concerns appeal took place in Orono during the week of April 13, 2015. No decision has been issued. The deadline for the ERT to issue its decision is August 13, 2015 (6 months from when the notices of appeal were filed). The ERT typically issues its decisions on renewable energy approvals within a few days of the statutory deadline. 30 Discussion 3.1 In accordance with the direction given by Council on March 2, 2015, staff have negotiated a Road Use Agreement with Ganaraska Nominee Ltd. (Attachment 4) and are recommending that it be executed if the appeal by Clarington Wind Concern is dismissed by the ERT. 3.2 Staff are recommending that the Road Use Agreement be executed for the following reasons: (a) All road - related engineering concerns and site specific planning concerns have been addressed to the satisfaction of the Director of Engineering Services, Director of Operations and Director of Planning Services. (b) Mechanisms are in place to manage and control traffic and other impacts on the local community. For example, the agreement requires that prior to any work being undertaken the proponent must prepare a Traffic Management Plan and a construction schedule for approval by the Director of Engineering Services. (c) During a Public Open House held at Clarke High School on January 23, 2013, the proponent announced that it would "contribute $500,000 toward local initiatives over the life of the project." Section 11.11 of the proposed agreement codifies this commitment. It reads as follows: 16 -3 Municipality of Clarington Report LGL- 005 -15 Page 4 The Developer shall make annual contributions to a community enhancement fund (the "Fund') in the amount of $25,000 to a maximum of $500,000 over 20 years. The Fund shall be used to provide benefits to the local community. The manner in which the Fund is to be administered (including the criteria for determining which local community projects should receive funding) shall be determined by the Community Liaison Committee established in accordance with condition P1 of the REA. (d) The agreement requires that prior to any work being undertaken the proponent must prepare an Emergency Response and Communications Plan for approval by the Director of Emergency and Fire Services. Through this Plan, the fire suppression concerns raised by Mr. Greenwood (all of which are entirely legitimate) will be addressed. In the opinion of staff, making fire suppression requirements part of this Plan is a more efficient and effective way to establish and enforce the fire suppression requirements of the Emergency and Fire Services Department for this project. (e) All financial issues have been addressed to the satisfaction of the Director of Finance (Section 4.11 — Insurance and Article 11 — Financial). 3.3 The Region of Durham will be signing a separate road use (servicing) agreement with the proponent dealing with Concession Road 7 (Ganaraska Road). 4. Concurrence 4.1 This report has been reviewed by the Director of Planning Services, Director of Engineering Services, Director of Operations, Director of Emergency and Fire Services and Director of Finance. They all concur with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that the Mayor and Clerk be authorized to execute a Road Use Agreement with Ganaraska Nominee Ltd. substantially in the form attached to this Report (Attachment 4) if the ERT dismisses the appeal of Clarington Wind Concerns. 16 -4 Municipality of Clarington Report LGL- 005 -15 Page 5 6. Strategic Plan Application -not applicable Submitted by: by.,­­' Reviewed Andrew' C. Allison, B. Comm, LL.B Franklin Wu, Municipal Solicitor Chief Administrative Officer Staff Contact: Andrew C. Allison, 905-623 -3379 ext. 2013 or aallison@clarington.net Attachments: Attachment 1 -- Location Map Attachment 2 — Municipality's Notice of Appeal Attachment 3 — ERT decision dated April 1, 2015 Attachment 4 — Road Use Agreement 16 -5 Ganaraska -ZEP Wind Turbine Locations O[-12M. ENVIRONMENTAL REVIEW TRIBUNAL BETWEEN: ATTACHMENT NO. 2 LG L- 005 -2015 ERT Case No. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON F M DIRECTOR, MINISTRY OF THE ENVIRONMENT NOTICE OF APPEAL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON February 13, 2015 Andrew C. Allison Municipal Solicitor The Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3A6 Tel.: (905)- 623 -3379 ext 2013 Fax: (905)- 623 -6020 Email: aallison _clarington.net Lawyer for the Appellant 16 -7 TO: APPELLATE BODY: Secretary, Environmental Review Tribunal 655 Bay Street, Floor 15 Toronto, Ontario, M6G 1 E5 Tel.: (416) 212 -6349 Fax: (416) 326 -5370 E -mail: ERTTribunalSecretaryCcD-ontario.ca AND TO: ENVIRONMENAL COMMISSIONER OF ONTARIO: Environmental Commissioner of Ontario 1075 Bay Street, Suite 605 Toronto, Ontario, M5S 2131 Tel.: (416) 325 -3377 Fax: (416) 325 -3370 E -mail: commissioner(a-eco.on.ca AND TO: ISSUING AUTHORITY: Vic Schroter Director, Section 47.5 Environmental Protection Act Environmental Approvals Branch 2 St. Clair Avenue West, Floor 12A Toronto, Ontario, M4V 1 L5 Tel.: (416) 314 -8573 Fax: (416) 314 -8452 E -mail: vic.shroterCaD_ontario.ca AND TO: PROPONENT: Ganaraska Nominee Ltd. 155 Wellington Street West, Suite 2930 Toronto, Ontario M5V 3H1 Tel.: (416) 649 -5002 Fax: (416) 649 -1335 E -mail: deva capstoneinfra.com CONTACT INFORMATION (a) Appellant The Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3A6 Attention: David Crome, Director of Planning Services Tel.: (905) 623 -3379 ext 2402 E -mail: dcrome(cD-clarington.net (b) Appellant's Representative Andrew C. Allison Municipal Solicitor The Corporation of the Municipality of Clarington 40 Temperance St. Bowmanville, Ontario L1C 3A6 Tel.: (905) 623 -3379 ext 2013 Fax: (905) 623 -6020 E -mail: aallison _clarin toq n.net APPEAL The Corporation of the Municipality of Clarington ( "the Appellant ") appeals the decision of the Director to issue Renewable Energy Approval Number 1426 - 9RWTSS ( "the Approval ") to Ganaraska Nominee Ltd. for the project ( "the Project ") referred to as ZEP Wind Farm Ganaraska. 2. The Project location is municipally known as 4027 Ganaraska Road (Regional Road 9), Orono. The legal description of these lands is Part of Lots 18 — 22, Concession 6, former Township of Clarke, now in the Municipality of Clarington, in the Regional Municipality of Durham. 3 16 -9 3. All 9 of the Project's proposed turbines will be located on land designated as "Countryside Area" under the Oak Ridges Moraine Conservation Plan ( "the Plan "). 4. The 9 turbine sites will disturb approximately 1.2 ha of land during construction and decommissioning. The Project will require approximately 9.5. kilometres of electrical cabling and another 7 kilometres of granular roadways. This infrastructure will disturb a total of more than 10.7 ha of land on the ORM. 5. The Oak Ridges Moraine is, by virtue of the Oak Ridges Moraine Conservation Act, 2001 ( "the Act ") and the Plan, recognized to be a significant and sensitive natural landform requiring protection. 6. It is the position of the Appellant that engaging in the Project in accordance with the Approval will cause serious and irreversible harm to the plants, animals and the natural environmental. Specifically, the position of the Municipality is that the Project will irreversibly mar the Oak Ridges Moraine landform in this location such that it cannot be maintained as continuous natural landform and environment for the benefit of present and future generations. 7. The Ministry's Technical Guide to Renewable Energy Approvals states as follows: 9.3 OAK RIDGES MORAINE Renewable energy projects at project locations that are located entirely or partly on land subject to the Oak Ridges Moraine Conservation Plan have special provisions that must be considered in an application for a REA. These provisions are located in sections 42 -47 of O. Reg. 359109. The provisions were incorporated in the regulation to maintain protection of the Oak Ridges Moraine in respect of renewable energy projects since these are now exempt from the Planning Act. While O. Reg. 359109 describes the minimum legal requirements that pertain to projects in the Oak Ridges Moraine, applications are expected to consider the full intent of the Oak Ridges Moraine Conservation Plan when evaluating the potential for negative environmental effects as a result of the proposed project. (emphasis added) 51 16 -10 8. The position of the Municipality is that the full intent of the Plan cannot be met in relation to this Project. 9. The intent of the Plan and the Act is set out in section 4 of the ORMC Act which provides, in part, as follows: Objectives The objectives of the Act and Oak Ridges Moraine Conservation Plan are: (a) protecting the ecological and hydrological integrity of the Oak Ridges Moraine Area; (b) ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted, (c) maintaining, improving or restoring all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of water and its other resources; (d) ensuring that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations; 10. The purpose of "Countryside Areas" is set out in section 13 of the Plan which provides, in part, as follows: 13. (1) The purpose of Countryside Areas is to encourage agricultural and other rural uses that support the Plan's objectives, by, (a) protecting prime agricultural areas; (b) providing for the continuation of agricultural and other rural land uses and normal farm practices, (c) maintaining the rural character of the Rural Settlements. (2) Countryside Areas also have the objectives of, (a) maintaining, and where possible improving or restoring, the ecological integrity of the Plan Area; (b) maintaining, and where possible improving or restoring, the health, diversity, size and connectivity or key natural: heritage 5 16 -11 features, hydrologically sensitive features and the related ecological functions, (c) maintaining the quantity and quality of groundwater and surface water; (d) maintaining groundwater recharge; (e) maintaining natural stream form and flow characteristics; (0 protecting landform features; (g) according to a trail system through the Plan Area and trail connections to it; and (h) providing for economic development that is compatible with subsection (1) and with clauses (a) and (g). 11. The presence of the proposed turbines and all of the related infrastructure is contrary to the clear intent of the Act and the Plan to preserve a continuous, connected natural landform and environment. It will have an irreversible negative impact on the overall ecological integrity of the ORM and its natural landform. 12. The "Decision on Instrument" posted to the EBR Registry on January 30, 2015 correctly identifies the fact that "projects located on land protected by key provincial plans such as the Oak Ridges Moraine Conservation Act have additional approval, setback and reporting requirements under O. Reg. 359/09 ". It goes onto say "[t]hat energy infrastructure was anticipated not to cause negative impacts to the Oak Ridges Moraine can be seen in that energy projects were specifically exempted from the restrictions of the Act." This last statement is not correct. 13. There is no exemption provided to energy infrastructure projects under the Act, and the Plan only allows infrastructure subject to very onerous restrictions (section 41). Infrastructure projects of all types and sizes, including the Ministry of Transportation's construction of the 407 Highway which is planned to terminate approximately 2 kilometres from the Project location, are subject to these restrictions. The Ministry of Transportation shifted the planned location of the 407 Highway south of the ORM from its 1991 preferred route in order to avoid placing infrastructure on the ORM. 0 16 -12 RELIEF REQUESTED 14. The Appellant is appealing all aspects of the Project and all portions of the Approval in so far as they permit development on the Project site that is inconsistent with the protection of sensitive features and functions on the ORM. 15. The Appellant requests that the Environmental Review Tribunal revoke the decision of the Director to issue a Renewable Energy Approval to the Proponent to engage in the Project. 16. The Appellant does not intend to seek a stay of the decision. 7 16 -13 Environmental Review Tribunal Tribunal de 1'environnement ISSUE DATE: April 1, 2015 ATTACHMENT NO. 3 LG L- 005 -2015 ell W04 ,9 CASE NO(S).: 15- 009/15 -010 PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended Appellant: Appellant: Approval Holder: Respondent: Subject of appeal: Reference No.: Property Address /Description Municipality: Upper Tier: ERT Case No.: ERT Case Name: Municipality of Clarington (ERT Case No.: 15 -009) Clarington Wind Concerns (ERT Case No.: 15 -010) Ganaraska Nominee Ltd. Director, Ministry of the Environment and Climate Change Renewable Energy Approval for ZEP Wind Farm Ganaraska 1426- 9RWTSS 4027 Ganaraska Road (Regional Road 9), Part of Lots 18 -22, Concession 6, Orono Clarington Durham Region 15- 009/15 -010 Clarington (Municipality) v. Ontario (Environment and Climate Change) Heard: In writing and on March 17, 2015 at Bowmanville, Ontario, and by telephone conference call on March 30, 2015 APPEARANCES: Parties Municipality of Clarington Clarington Wind Concerns Director, Ministry of the Environment and Climate Change 16 -14 Counsel /Representative* Andrew Allison (in writing only) Priya Vittal Sylvia Davis and Alexandra Mingo 2 15- 009/15 -010 Ganaraska Nominee Ltd. Arlen Sternberg and Dennis Mahony Participant Save the Oak Ridges Moraine Coalition Cindy Sutch+ ORDER DELIVERED BY MARLENE CASHIN, MARCIA VALIANTE, AND ROBERT V. WRIGHT. REASONS Background [1] On January 30, 2015, Vic Schroter, Director, Ministry of the Environment and Climate Change (the "Director ") issued Renewable Energy Approval Number 1426 - 9RWTSS (the "REA ") to Ganaraska Nominee Ltd. ( "Approval Holder ") under s. 47.5 of the Environmental Protection Act ( "EPA "). The REA is for the construction, installation, operation, use and retiring of a Class 4 wind facility with a total nameplate capacity of 17.6 megawatts, known as the ZEP Wind Farm Ganaraska, to be located in Orono in the Municipality of Clarington, Durham Region, Ontario (the "Project "). [2] On February 13, 2015, the Municipality of Clarington ( "Clarington ") filed a notice of appeal with the Environmental Review Tribunal ( "Tribunal ") of the decision of the Director to issue the REA. Clarington appealed on the grounds that the Project will cause serious and irreversible harm to plant life, animal life and the natural environment, in particular, harm to the Oak Ridges Moraine ( "ORM "). [3] On February' 17, 2015, Clarington Wind Concerns ( "Appellant ") also filed a notice of appeal of the Director's decision to issue the REA. The Appellant's notice of appeal alleges that the Project will cause serious harm to human health and serious and irreversible harm to plant life, animal life and the natural environment. 16 -15 3 15- 009/15 -010 [4] On March 12, 2015, Clarington sent a letter to the Tribunal proposing to withdraw its appeal in Case No. 15 -009 with the consent of all the parties. [5] On March 17, 2015, the preliminary hearing was held in Bowmanville. At the preliminary hearing, the Tribunal granted participant status'to Save the Oak Ridges Moraine Coalition, an incorporated association ( "STORM "), and discussed scheduling of the hearing. Issues [6] The issues are: 1. Whether to accept the proposed withdrawal of Clarington's appeal and dismiss the appeal in Case No. 15 -009; 2. Whether to grant participant status to STORM in Case No. 15 -010; and 3. Procedural directions in Case No. 15 -010. Relevant Rules [7] Rules of Practice of the Tribunal Termination of Proceedings 198. A Proponent or Applicant who proposes to withdraw his or her application, an Appellant who proposes to withdraw his or her appeal, or a Director, a Risk Management Inspector or Official or a municipality who proposes to revoke the decision that is the subject of the appeal shall notify the Tribunal, other Parties, Participants and Presenters by letter. Any Party, Participant or Presenter who objects to the proposed withdrawal of an appeal or revocation, with the exception of the revocation of an order made under section 74 of the Ontario Water Resources Act, shall notify the Tribunal and the other Parties, Participants and Presenters within ten days of the date of the letter. 16 -16 V. 15- 009/15 -010 199. Where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, a proposed withdrawal of an application, or a proposed revocation of an order made under section 74 of the Ontario Water Resources Act, the Tribunal shall issue a decision dismissing the proceeding. Naming of a Party 63. In deciding whether to name a person as a Party to the proceeding, the Tribunal may consider relevant matters including whether (a) a person's interests may be directly and substantially affected by the . Hearing or its result; (b) a person has a genuine interest, whether public or private, in the subject matter of the proceeding; and (c) a person is likely to make a relevant contribution to the Tribunal's understanding of the issues in the proceeding. Naming of a Participant 66. The Tribunal may name persons to be Participants in all or part of a proceeding on such conditions as the Tribunal considers appropriate. A Participant to a proceeding is not a Party to the proceeding. In deciding whether to name a person as a Participant, the Tribunal may consider whether the person's connection to the subject matter of the proceeding or issues in dispute is more remote than a Party's would be. A person who may otherwise qualify as a Party may request Participant status. Discussion, Analysis and Findings Issue 1: Whether to accept the proposed withdrawal of Clarington's appeal and dismiss the appeal in Case No. 15 -009 [8] According to Rule 199, the Tribunal shall dismiss an appeal where there has been a proposed withdrawal that has been agreed to by all parties, and. the decision under appeal is not altered. [9] The parties have confirmed with the Tribunal in writing that they consent to the withdrawal of Clarington's appeal and that the REA is not altered in any way. The Tribunal has not been notified of any objection to the withdrawal of Clarington's appeal. 16 -17 5 15- 009/15 -010 [10] On the basis of what the parties have stated, the Tribunal finds that the parties have agreed to the withdrawal of Clarington's appeal and the REA will not be altered in any way. Therefore, Rule 199 applies. The Tribunal accepts the proposed withdrawal of Clarington's appeal and dismisses the proceeding in Case No. 15 -009. Issue 2: Whether to grant participant status to STORM in Case No. 15 -010 [11 ] STORM requested participant status through its representative, Cindy Sutch. STORM seeks to provide evidence regarding the impacts of the Project on the ORM. Ms. Sutch provided the Tribunal with background information on STORM and its prior participation in Tribunal hearings, as well as information regarding the ORM. Ms. Sutch subsequently confirmed that she and a STORM board Member intend to present STORM's evidence jointly as fact witnesses. [12] Neither the Approval Holder nor the Director objected to STORM being granted participant status, so long as it confines its evidence and submissions to issues within the Tribunal's jurisdiction and within the scope of the notice of appeal. [13] The Tribunal noted that STORM has a genuine public interest in the subject matter of the proceeding, as the Project is approved to be constructed on the ORM, and STORM,has a history of responsible advocacy respecting issues affecting the ORM. In addition, the Tribunal is satisfied that STORM is likely to make a relevant contribution to its understanding of the issues in the proceeding. For these reasons, the Tribunal grants STORM participant status, subject to the following conditions: STORM's presentation and submissions shall be restricted to issues within the Tribunal's jurisdiction and the scope of this proceeding; STORM shall provide a written copy of its intended presentation by the date scheduled; and the representatives of STORM shall comply with the time allocated for oral presentation of its evidence (approximately one hour). 16 -18 6 15- 009/15 -010 Issue 3: Procedural directions in Case No. 15 -010 [14] The parties prepared a tentative schedule for the filing of witness statements and the hearing of witnesses. However, due to scheduling conflicts, the parties and the Tribunal modified the initial Schedule of Events by email correspondence subsequent to the in- person preliminary hearing on March 17, 2015. On March 30, the Tribunal held a telephone conference call to determine the date for STORM to serve and file the written copy of its intended presentation. The parties have agreed to a schedule as set out below. [15] The parties have also undertaken to provide the Tribunal with a detailed schedule of witnesses prior to the start of the hearing. [16] The parties have further agreed that final oral submissions, if any, should be scheduled during the week of June 8, 2015. [17] The Tribunal accepts the withdrawal of the appeal by the Municipality of Clarington and orders that the appeal in Case No. 15 -009 is dismissed. [18] In Case. No. 15 -010, the Tribunal grants participant status to STORM subject to the following conditions: • STORM's presentation and submissions shall be restricted to issues within the Tribunal's jurisdiction and the scope of this proceeding; • STORM shall provide a written copy of its intended presentation by the date agreed upon; and 16 -19 7 15- 009/15 -010 • the representatives of STORM shall comply with the time allocated for oral presentation of its evidence (approximately one hour). [19] The Tribunal directs that the proceeding be conducted in accordance with the following schedule, or as may be varied by agreement of the parties and confirmed by the Tribunal: March 23 (10 a.m.): Appellant to provide its list of witnesses to the parties and the Tribunal March 27 (4 p.m.): Appellant's witness statements to be served and filed April 2 (4 p.m.): Motion records (if any) to be served and filed April 6 (noon): STORM's intended presentation to be served and filed April 7 (4 p.m.): Responding motion records (if any) to be served and filed April 8 (4 p.m.): Reply motion records (if any) to be served and filed April 8 (4 p.m.): Respondents' witness statements to be served and filed April 10 (4 p.m.): Reply witness statements to be served and filed April 13 (10 a.m.) Hearing commences at Orono Community Centre in Orono and will continue on April 14, 15, 27, and April 28, 2015 if necessary May 8 (4 p.m.) Appellant's and STORM's final written submissions to be served and filed May 22 (4 p.m.) Respondents' final written submissions in response to be served and filed May 29 (4 p.m.) Final written submissions in reply, if any, to be served and filed 16 -20 15- 009/15 -010 Week of June 8: Oral submissions, if any, on a date to be determined. Withdrawal of Appeal Accepted Appeal Dismissed Participant Status Granted Procedural Directions Ordered "Marlene Cashin" MARLENE CASHIN MEMBER "Marcia Valiante" MARCIA VALIANTE MEMBER "Robert V. Wright" ROBERT V. WRIGHT VICE -CHAIR If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Environmental Review Tribunal A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416- 212 -6349 Toll Free: 1- 866 - 448 -2248 16 -21 ROAD USE AGREEMENT THIS AGREEMENT is made as of the _ day of June, 2015 BETWEEN: THE CORPORATION GE THE 1\1UNICIPAL,ITY OF CL,ARINGTON ( "Clarington ") - and - GANARASKA NOMINEE LTD. (the "Developer") RECITALS: A V TAC[- MEIFT NO. 4 t G L- 005 -2015 A. On January 30, 2014, the Director, Ministry of the Environment and Climate Change issued Renewable Energy. Approval Number 1426- 9RWTSS (the "REA ") to the Developer. B. The REA permits the construction, installation, operation, use and retiring of a Class 4 wind facility with a total name plate capacity of 17.6 megawatts known as the ZEP Wind Farm Ganaraska, in the Municipality of Clarington, Regional Municipality of Durham (the "Project "). C. The REA sets out terms and conditions to be satisfied by the Developer (the "REA Requirements "). D. Section M (Municipal Consultation) of the REA Requirements includes the requirement for the Developer to make reasonable efforts to enter into a road users agreement with Clarington. E. The Developer wishes to use certain Highways in order to make Deliveries. F. The Developer wishes to temporarily reconstruct or realign certain portions of the Highways to permit Deliveries. G. The Developer wishes to connect access roads from turbines located within. the Project to certain Highways to permit ongoing access to the turbines. H. The Developer wishes to install, maintain and operate Electrical Infrastructure pursuant to its statutory rights as a distributor of electricity under the Elects °icity Act, 1998. I. The parties wish to enter this Agreement to clarify their respective rights and responsibilities in relation to the Project. 37755 -2005 1 4323520.7 16 -22 Road Use Agreement - ZEP Wind Farm Ganaraska Page 12 NOW THEREFORE Clarington and the Developer agree as follows: ARTICLE 1: INTERPRETATION 1.1 Definitions In this Agreement, including the recitals, "Applicable Law" means all present or future laws, by -laws, statutes, and regulations, and all present or future published directives, rules, policy statements and orders of any Public Authority to the extent that the same are legally binding on the parties in the context of this Agreement, including, (i) Municipal Act, 2001, S.O. 2001, 6.25 ("Municipal Act, 2001"); (ii) Electricity Act, 1998, S.O. 1998, c.15, Schedule A ( "Electricity Act, 1998 "); - (iii) Building Code Act, 1992, S.O. 1992, c.23; (iv) Environmental Protection Act, R.S.O. 1990, c. E.19; (v) Green Energy Act, 2009, S.O. 2009, c.12, Schedule A; (vi) Ontario Energy Board Act, 1998, S.O. 1998, c.15, Schedule B; (vii) Highway Traffic Act, R.S.O. 1990, c. H.9 ( "HTA "); and (viii) Occupational Health and Safety Act, R.S.O. 1990, c. 0.1; " Clarington" means The Corporation of the Municipality of Clarington including, where appropriate, its agents, consultants, contractors, employees and those for whom it is in law responsible; "Commercial Operation Date" means the date on which the Project achieves commercial operation; "Consulting Engineer" means William McCrae, P. Eng. of the firm C1MA+ or his designate; "Default" means default as defined in section 12.1; "Deliveries" means the transporting of materials, components and equipment including Heavy Vehicles and other overweight or over -size cargoes across or along the Highways to provide for the construction, maintenance, repair or removal of infrastructure for the Project; "Delivery Routes" means the portions of Highways identified as such in Schedule "A "; 37785 -2005 19323520.7 16 -23 Road Use Agreement - ZEP Wind Farm Ganaraska Page 13 "Developer" means Ganaraska Nominee Ltd. including, where appropriate, its agents, consultants, contractors, employees and those for whom it is in law responsible; "Director" means Clarington's Director of Engineering Services (or a designate); "Drainage Works" means all drains within the Highways; "Easement Areas" means the 3 separate portions of the unopened road allowance between Lots 18 and 19, Concession 6 (Morton Road), in the former Township of Clarice shown in Schedule `B" over which the Developer requires access; "Electrical Infrastructure" means infrastructure installed by the Developer within the Highways for the distribution of electricity, including lines of towers and /or poles, with such wires and /or cables (whether above ground or buried), for the distribution of electrical energy and all necessary, and proper footings, cross arms and other appliances, facilities and fixtures for use in connection therewith including vaults and junction boxes (whether above or below ground), manholes, conduit, fiber optics, cables, wires, lines and other conductors of any nature, multiple above or below ground control, communication data and radio relay systems, and telecommunications equipment, including conduit, fiber optics, cables, wires and lines; "Electrical Work" means all work required to construct, maintain, repair and remove Electrical Infrastructure as shown in Schedule "F ". "Entrance" means that portion of a Highway from its travelled portion to the private property boundary; "Entrance Work" means all work required to construct the Entrances and remove any identified temporary work as shown in Schedule "D "; "FIT Contract" means the Feed -In Tariff Contract Number F- 000632 -WIN- 130 -601 between the Developer and the Independent Electricity System Operator; "Heavy Vehicle" means any truck or motor vehicle combination with a gross weight of truck, trailer and load in excess of the maximum allowable weights specified in sections 116 —118 of the HTA; "Highways" means the highways (as defined in section 1 of the Municipal Act, 2001) under Clarington's jurisdiction shown in Schedule "A" which, for greater certainty, incudes the Easement Areas; "Letters of Credit" means the letters of credit described in section 11.8; "Plans" means drawings and /or specifications prepared by a professional engineer respecting any Work including any approved changes; "Project" means the renewable energy generating facility and its appurtenant wind turbines, equipment, buildings, distribution /collection and transmission facilities to be 37785 -2005 19323520.7 16 -24 Road Use Agreement - ZEP Wind Farm Ganaraska Page 14 constructed for the purpose of supplying electricity in accordance with the FIT Contract as further described in Recital B; "Public Authority" means any governmental, federal, provincial, regional, municipal or local body other than Clarington having authority in relation to any aspect of the Project; "REA" means the Renewable Energy Approval Number 1426- 9RWTSS issued by the Director, Ministry of the Environment and Climate Change to the Developer; "Road Work" means the temporary reconstruction or re- alignment of road sections, curves and intersections on the Highways to permit the passage of overweight or oversized cargoes, as shown in Schedule "C "; "Term" means the term of this Agreement as set out in section 3.1; and "Work" means all work required to be performed by the Developer under this Agreement within the Highways including Entrance Work, Road Work, Electrical Work and Deliveries. 1.2 Extended Meanings In this Agreement, unless otherwise specified, (a) a grammatical variation of a word or expression defined has a corresponding meaning; (b) references to an Act or By -law shall include any amendments to or replacements of such Act or By -law; (c) references to Articles, sections and Schedules are references to Articles, sections and Schedules in this Agreement; (d) where reference is made to a decision, determination, consent, waiver, approval, notice, request or other communication, such matters shall be deemed to be qualified by the words "acting reasonably "; and (e) every provision by which the Developer is obligated in any way through the words "the Developer shall" will be deemed to include the words "at its expense" (including the payment of any applicable taxes). 1.3 Schedules The following Schedules are attached to and form part of this Agreement: Schedule "A" Delivery Routes Schedule "B" Easement Areas - Morton Road 37785 -2005 19323520.7 16 -25 Road Use Agreement - ZEP Wind Farm Ganaraska Page 15 Schedule "C" Plans showing Road Work Schedule "D" Plans showing Work within Easement Areas Schedule "E" Plans showing Entrance Work Schedule "F" Plans showing Electrical Work ARTICLE 2: GRANT 2.1 License to Use Highways Clarington grants to the Developer (including its agents, consultants, contractors, employees and those for whom it is in law responsible) a non - exclusive right and licence to enter upon and use the Highways (other than the Easement Areas) under their jurisdiction together with such vehicles, equipment and machinery as may be necessary for the purpose of undertaking the Work. 2.2 Easements Clarington grants to the Developer (including its agents, consultants, contractors, employees and those for whom it is in law responsible) a right in the nature of an exclusive easement through, along and over the Easement Areas together with such vehicles, equipment and machinery as may be required to construct (in accordance with Schedule "D "), maintain and repair access roads and install Electrical Infrastructure. 2.3 Restriction on Developer's Rights Unless otherwise explicitly provided for in this Agreement, the rights granted to the Developer under this Agreement shall at all times be subject to, (a) the right of free use of the Highways by all persons or parties otherwise entitled to such use; and (b) the rights of the owners of the property adjoining any Highway to full access to and egress from their property and adjacent Highways, and the right of such persons to construct crossings and approaches from their property to any Highway. ARTICLE 3: TERM 3.1 Term The rights hereby granted shall be for a 20 year term commencing on the Commercial Operation Date, together with the time required to complete the decommissioning of the Project. There shall be no automatic right of renewal, except if, prior to the end of the initial 20 year term, the Developer obtains an extension of the term of the FIT Contract or secures an 37785 -2005 19323520.7 16 -26 Road Use Agreement - ZEP Wind Farm Ganaraska Page 16 adequate replacement market for the electricity generated by the Project, in which case the Developer may, upon 90 days' notice to Clarington, elect to extend the Term for a period equal to such FIT Contract extension or such other period as the Developer reasonably requires to participate. in the replacement market. Upon such notice, the parties shall also enter into good faith negotiations regarding any appropriate amendments to this Agreement. 3.2 Expiration of FIT Contract If the FIT Contract expires or is terminated and not otherwise extended or renewed during the Term, and the Developer does not secure an adequate replacement market for the electricity generated by the Project within one year of the expiry or termination of the FIT Contract, this Agreement shall be terminated. 3.3 Right to Terminate The Developer may terminate this Agreement upon 60 days' notice to Clarington. 3.4 Survival All unfulfilled obligations of the Developer under this Agreement, including those set out in section 10.2, shall survive any termination. ARTICLE 4: PRE - CONSTRUCTION REQUIREMENTS 4.1 Traffic Management Plan Prior to commencing any Work, in accordance with Condition M1 of the REA, the Developer shall prepare a Traffic Management Plan for approval by the Director. Amongst other matters, such Plan shall provide, unless the Director otherwise agrees; that, (a) all signs, equipment and traffic pavement markings necessary to implement the Plan shall be consistent with the Ontario Traffic Manual and shall be provided and installed by the Developer; (b) Deliveries that require the use of Heavy Vehicles shall only use the Delivery Routes as shown in Schedule "A" unless approved by the Director; (c) Deliveries shall be limited to weekdays (excluding statutory holidays) between the hours of 7 am and 7 pm unless approved by the Director; (d) appropriate safety measures as required under the HTA and Ontario Traffic Manual - Book 7 must be in place with respect to any delay in the movement of vehicles as a result of any Work; and (e) the Developer shall not be entitled to close or temporarily block any Highway unless, at least 5 business days prior to such closure or blockage, the Developer advises the Director of the timing, location and anticipated duration of such 37785 -2005 19323520.7 16 -27 Road Use Agreement - ZEP Wind Farm Ganaraska . Page 17 closure or blockage and the Director agrees to same. The Developer shall comply with the approved Traffic Management Plan. 4.2 Emergency Response and Communications Plan Prior to commencing any Work, in accordance with Condition L1 of the REA, the Developer shall prepare an Emergency Response and Communications Plan for the approval of Clarington's Director of Emergency and Fire Services which includes, at a minimum, all of the information required by Condition L1 of the REA. The Developer shall comply with the approved Emergency Response and Communications Plan. 4.3 Construction Schedule Prior to commencing any Work, the Developer shall prepare a schedule for the Work and Deliveries that provides for the general sequencing of the construction of Work and all Deliveries for the approval of the Director. The Developer shall undertake all Work in accordance with the approved schedule. 4.4 Notice Prior to commencing any Work, the Developer shall notify any person or body (including school boards and public services) operating within the Highways or in the vicinity of the Highways where such Work is to occur and all abutting property owners, of the details of the anticipated Work, and coordinate with such persons or bodies so as to minimize the potential interference with their use of the Highways. Clarington shall provide assistance to the Developer for the purpose of identifying any persons or bodies to be notified. 4.5 Survey of Existing Conditions Prior to commencing any Work, the Developer shall undertake a road condition survey to determine the existing condition of all Highways (other than the Easement Areas) identified as part the Delivery Routes and provide such survey to the Director for his approval. Notwithstanding the foregoing, upon agreement of the parties, the Developer may use road condition surveys undertaken by Clarington, rather than undertaking its own survey, to determine the existing condition of the relevant Highways. 4.6 Insurance Prior to commencing any Work, the Developer shall arrange for, and maintain during the Term, commercial general liability insurance insuring the Developer against any claims, liabilities, losses, costs; damages or other expenses arising out of or in any way incurred or suffered in connection with the Work. Such insurance shall, (a) be taken out with an insurance company licensed to carry on the business of insurance in the Province of Ontario; (b) provide a limit of liability of not less than $5,000,000.00 for any one occurrence; 37785 -2005 19323520.7 16 -28 Road Use Agreement - ZEP Wind Farm Ganaraska Page 18 (c) endorse Clarington as an additional insured; (d) provide for a waiver of subrogation in favour of Clarington except to the extent of any negligence, willful misconduct or breach of contract by Clarington; (e) contain a cross liability and severability of interest clause; and (f) provide for a minimum of 30 days' notice of cancellation. The Developer shall provide a Certificate of Insurance evidencing that the required insurance has been obtained and, from time to time, upon reasonable request, provide proof that such insurance is in full force and effect. The issuance of a policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, for which the Developer may be held responsible. 4.7 Site Planning Prior to commencing any Work, the Developer shall submit to Clarington site plans for the Project showing all proposed fencing and landscaping (including that intended to provide visual screening). Notwithstanding the submission of such plans, the parties acknowledge that Clarington's Site Plan By -law No. 2010 =139 does not apply to the Project. ARTICLE 5: PROVISIONS RESPECTING ALL WORK 5.1 Approved Plans Clarington hereby approves the location of the Work as shown in Schedules "C ", "D ", `B" and "F" to the extent that they relate to Highways under their respective jurisdiction and confirm that they have taken into consideration any existing or known future specific municipal or engineering interests affected by the such Plans. If any modifications to the Plans are reasonably necessary for the construction, installation, maintenance,. repair, operation or decommissioning of the Project, the Developer may submit such modifications to the relevant Director for approval. 5.2 Performance To the extent that they are applicable, the Developer shall perform all Work in accordance with, (a) Clarington's Design Guidelines and Standard Drawings, a copy of which can be found at http: / /lkww.claringlon .net /htdocs /documents /En ineerin //Desig_n- Guidelines /Design- Guidelines- Jan- 2011.pdf, as amended from time to time; (b) Clarington By -law No. 2006 -105; (c) Clarington's Traffic and Parking By -law No. 2014 -059 including the reduced load restrictions set out in sections 43 and 44; (d) good engineering practices; 37785 -2005 19323520.7 16 -29 Road Use Agreement - ZEP Wind Farm Ganaraska Page 19 (e) approved Plans; (f) this Agreement; and (g) Applicable Law. 5.3 Hours Work shall be performed only on weekdays (excluding statutory holidays) between the hours of 7 am and 7 pm. unless the Director otherwise agrees. 5.4 Trees Save and except as identified on an approved Plan or in accordance with subsection 40(4) of the Electricity Act, 1998, the Developer shall not cut, trim, or otherwise interfere with any trees, brush, plants, or other vegetation on any Highway in performing the Work without first obtaining the Director's approval. 5.5 Upgrades If the condition of any Highway or Drainage Works is not sufficient to permit the Developer to carry out its desired operations, the Developer shall carry out any work required to upgrade the Highway or Drainage Works. The Developer shall not carry out any such work without first obtaining the Director's approval. 5.6 Maintenance of Drainage Works The Developer shall monitor and maintain in good working condition and repair all Drainage Works affected by the Work. After the completion of all Work, Drainage Works shall be left in a good working condition to the satisfaction of the Director, save to the extent of any relocation of Drainage Works as part of the Work. 5.7 Restoration If it becomes necessary to break, remove or otherwise pierce the existing surface of any Highway to undertake any Work, the Developer shall repair such surface to the same or better condition as compared to what existed prior to such Work. The Developer shall thereafter, for a period of 24 months following the Commercial Operation Date, monitor that portion of such restored Highways and repair any settling directly caused by the Work to the satisfaction of the Director. 5.8 Repairs The Developer shall be responsible for all costs associated with the repair of any Highways, Drainage Works and Entrances that have been damaged as a result of Deliveries by way of Heavy Vehicles. Any such repair shall restore the road surface and Drainage Works to the same or better condition as compared to what existed prior to the use of the Highway. The Developer 37785 -2005 19323520.7 16 -30 Road Use Agreement - ZEP Wind Farm Ganaraska Page 110 shall complete such repairs to the satisfaction of the Director. 5.9 Inspections The Director and the Consulting Engineer shall be authorized to carry out periodic inspections of any Work while that Work is ongoing or within 30 days of its completion and, within 10 days of any such inspection, direct the Developer to undertake any work that is reasonably necessary to restore or repair the Highways or other property of Clarington to the same or better condition as compared to what existed prior to such Work. 5.10 Disposal of Debris During all construction, the Developer shall maintain the areas of the Highways affected by any Work in a clean and safe condition to the satisfaction of the Director. 5.11 Work on Private Property No Work shall be performed on private property without written permission from the property owner. If requested by the Director, the Developer shall provide proof of such permission. 5.12 As Built Drawings Within 3 months after the Commercial Operation Date, and prior to release of the Letters of Credit, the Developer shall deposit with Clarington as built drawings and plans, together with a final electronic copy (CD ROM or DVD) prepared in an AUTO CAD environment, showing the location, elevations and specifications of any installed Electrical Infrastructure accurate to within +/- 0.3 metres, as well as the location and specifications of any , other permanent Highway improvements constructed pursuant to this Agreement. ARTICLE 6: ENTRANCE WORK 6.1 Construction The Developer shall construct all Entrances in accordance the Plans identified in Schedule "E ". ARTICLE 7: ROAD WORK 7.1 Construction The Developer shall undertake all Road Work in accordance with the Plans attached as Schedule "C ". 37785 -2005 19323520.7 16 -31 Road Use Agreement - ZEP Wind Farm Ganaraska Page 111 7.2 MTO and Durham Region The Developer acknowledges that any work required within a Highway under provincial or regional jurisdiction is not covered by this Agreement. 7.3 Removal of Temporary Work All temporary work shown on the Plans in Schedule "C" shall be removed within 30 days of completion of the delivery of the final wind turbine component. ARTICLE 8: EASEMENT AREAS 8.1 Construction of Access Roads The Developer shall undertake all work required to construct access roads within the Easement Areas in accordance with the Plans attached as Schedule "D ". 8.2 Maintenance The Developer shall be responsible for all costs associated with the repair and maintenance of the access roads to be constructed across the Easement Areas. The Developer acknowledges that Clarington does not and will not maintain the Easement Areas and that it has no intention or obligation to pass a by -law pursuant to subsection 31(4) of the Municipal Act, 2001 to assume the Easement Areas for public use. 8.3 Removal At the expiration of the Term, the Developer, if requested by Clarington, shall remove all works installed in the Easement Areas. ARTICLE 9: ELECTRICAL WORK 9.1 Commencement The Developer. shall not proceed with the Electrical Work before receiving permission or approval to proceed from any public or private body required to give permission or approval. For greater certainty, this section 9.1 shall not restrict or limit the right of the Developer to proceed with the work shown in Schedules "C ", "D" and "E". 9.2 Installation The Developer shall install Electrical Infrastructure only in the locations shown in the Plans attached as Schedule "F ". 9.3 Underground Services The Developer shall install Electrical Infrastructure below -grade within the Highways and Easement Areas, except where required by Hydro One Networks Inc. ( "HONI ") or where the 37785 -2005 19323520.7 16 -32 Road Use Agreement - ZEP Wind Farm Ganaraska Page 12 Developer in consultation with Clarington identifies environmental, topographical or other obstacles that require the installation of poles or other above - grade. Electrical Infrastructure to permit the transmission of electricity over, around or across the obstacle. Any Plans submitted by the Developer shall identify the locations in which the Developer proposes to install above - grade Electrical Infrastructure. 9.4 Transfer The Developer may transfer components of the Electrical Infrastructure. to Hydro One Networks Inc. ( "HONI ") for incorporation into HONI's electrical distribution infrastructure. Clarington agrees that any such transfer is permitted without its consent. Upon a transfer of any component of the Electrical Infrastructure to HONI, the Developer shall be released from all obligations under this Agreement relating to that component of the Electrical Infiastructure transferred to HONI from and after the date of such'transfer. 9.5 Locating Infrastructure The Developer shall mark the location of all Electrical Infrastructure with appropriate markings, accurately identify the location of any Electrical Infrastructure on the Plans, and participate in the "Ontario One Call" system to facilitate ongoing notice to the public of the location of all Electrical Infrastructure. 9.6 Relocation Where in the future as part of the construction or reconstruction of a Highway or Drainage Works it becomes necessary to change the location of any installed Electrical Infrastructure, the Director may, by 6 months' notice from Clarington,, require the Developer to do so. The Developer shall complete such work within 90 days of receipt of notice, or such longer period of time as may reasonably be required. The Developer and Clarington may agree upon the apportionment of the cost incurred by the Developer in any such work. In default of an agreement, the apportionment shall be determined in accordance with the Public Service Works on Highways Act, R.S.O. 1990, c. P.49. ARTICLE 10: ABANDONMENT AND DECOMMISSIONING 10.1 Abandonment The Developer may elect to permanently discontinue the use of and abandon any part of the Electrical Infrastructure on at least 60 days' notice to Clarington specifying the part to be abandoned and the date when the abandonment will occur. The Developer shall then either remove all abandoned Electrical Infrastructure and restore the area to substantially the same condition within 90 days of abandonment. 10.2 Decommissioning At the expiry of the Term, or upon the early termination of this Agreement, the Developer shall remove those parts of the Electrical Infrastructure that have been installed within the Highways, and thereafter restore the Highways to at least the same condition that existed prior to the 37785 -2005 19323520.7 Road Use Agreement - ZEP Wind Farm Ganaraska Page 113 removal. If the Developer fails to remove any of the Electrical Infrastructure or restore the Highways, then Clarington may remove such Electrical Infrastructure and thereafter restore the Highway without claim, recourse or remedy by the Developer. The reasonable cost of the removal and restoration shall be payable by the Developer. ARTICLE 11: FINANCIAL 11.1 Development Charges Clarington acknowledges that no development charges are payable under its Development Charges By -law No. 2015 -035 unless the structures supporting the wind turbine generators exceed 10 square metres. 11.2 Building Permit Fees The Developer shall pay building permit fees for the Project in accordance with Schedule "B" of Clarington By -law No. 2011 -036 which requires payment of "$15.72 for each $1,000 of construction value ". Clarington .and the Developer agree that such construction value of each wind turbine generator is the value of the foundation and structure supporting the turbine and does not include the value of the turbine itself. 11.3 Entrance Fees The Developer shall pay all Clarington fees in relation to the construction of Entrances in accordance with Schedule "A" of Clarington By -law 2006 -105. 11.4 Fees in Lieu of Site Plan Fees The Developer shall pay Clarington. $1,300 in lieu of any site plan application fees specified in Schedule "A" of Clarington's Fees By -law No. 2010 -142. 11.5 Professional Fees The Developer shall reimburse Clarington for all reasonable costs (supported by invoices) incurred by Clarington arising directly from the Work and the administration and enforcement of this Agreement including Clarington's legal, planning, engineering consulting and administrative costs to negotiate and prepare this Agreement, to monitor the construction, maintenance, repair and removal of any Work, and all other related matters subject to a maximum reimbursement of $25,000 to Clarington. Subject to the foregoing, Clarington's legal fees shall be charged in accordance Schedule "A" of Clarington's Fees By -law No. 2010 -142. 11.6 Other Permits and Fees Clarington agrees that any permits or approvals that would otherwise be required in connection with the Work (other than building permits) are hereby effectively issued by them to the Developer through the execution of this Agreement. The Developer shall only pay those fees and charges specifically set out in this Agreement associated with the Work. 37785 -2005 19323520.7 16 -34 Road Use Agreement - ZEP Wind Farm Ganaraska Page 114 11.7 Representation Clarington represents that the fees required to be paid by the Developer under this Agreement do not and will not during the Term exceed the usual and customary fees that are generally applicable to the public. 11.8 Letters of Credit As security for all of the Developer's obligations under this Agreement in relation to Clarington's Highways, the Developer shall, concurrent with the execution of this Agreement, deposit with Clarington a letter of credit in a form acceptable to Clarington's Director of Finance in the amount of $50,000. 11.9 Use of Letter of Credit Clarington shall be entitled to draw on and use the proceeds from the Letters of Credit to remedy any Default. 11.10 Release of Letter of Credit Within 30 days of the completion of removal of all temporary work identified in the Plans and any repairs and restoration required pursuant to Article 5, Clarington shall release the Letters of Credit. 11.11 Community Enhancement Fund The Developer shall make annual contributions to a community enhancement fund (the "Fund ") in the amount of $25,000 to a maximum of $500,000 over 20 years. The Fund shall be used to provide benefits to the local community. The manner in which the Fund is to be administered (including the criteria for determining which local community projects should receive funding) shall be determined by the Community Liaison Committee established in accordance with condition P 1 of the REA. ARTICLE 12: REMEDIES 12.1 Default The Developer shall be in default ( "Default ") if, in the opinion of the Director, (a) the. Developer is not constructing any Work so that it will be completed materially in accordance with the construction schedule described in section 4.3 save and except for delays that are not within the control of the Developer; (b) the Work is not being constructed in accordance with this Agreement; (c) the Developer neglects or refuses to complete any repair or restoration required by sections 5.7, 5.8 or 5.9; or 37785 -2005 1 9323520.7 16 -35 Road Use Agreement - ZEP Wind Farm Ganaraska Page 115 (d) the Developer otherwise defaults in the performance of any Developer obligation under this Agreement. 12.2 Notice If the Developer is in Default and such Default has continued for a period of 30 business days (or such longer period of time as may reasonably be required in the circumstances to cure the Default) after receipt of notice from the Director setting out the particulars of the Default, Clarington may remedy the Default, and the Developer shall reimburse Clarington for any reasonable, documented and direct expense incurred in remedying the Default. The cost of any work which Clarington undertakes pursuant to this section shall include an administration fee of 30% of the contractor's charges to Clarington or, if such work is undertaken by Clarington, 30% of all costs incurred by Clarington to remedy the Default. 12.3 Liens If a claim for a lien in respect of any Work is filed with Clarington, or Clarington receives written notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien Act, R.S.O. 1990, c. C.30 and the Developer fails to discharge the lien or the claim as the case may be within 10 business days after receipt of notice from Clarington, then Clarington may, (a) pay the full amount of the claim and security for costs into a court of competent jurisdiction in order to obtain an order vacating such claim for lien; or (b) ' discharge the claim in full by paying the amount claimed. The Developer shall indemnify Clarington against the costs incurred by them in malting any payment pursuant to this section including their reasonable legal costs. ARTICLE 13: MISCELLANEOUS 13.1 Dispute Resolution If any party provides another party with notice of a dispute regarding the interpretation or implementation of this Agreement (a "Dispute "), then the affected parties shall use their best efforts to settle the Dispute by negotiating with each other in good faith. If the parties are unable to resolve a Dispute, it shall be, submitted to mediation by an impartial third party to be agreed upon by_ the parties to the Dispute. If the parties are unable to resolve the Dispute through mediation, then it shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c.17. 13.2 Indemnity The Developer shall indemnify and save harmless Clarington from and against all claims, liabilities, losses, costs (including legal costs as between a solicitor and his own client) and damages that it may incur as a consequence of or in connection with the exercise of the Developer's rights under this Agreement, except if the claims, liabilities, losses, costs or 37785 -2005 19323520.7 16 -36 Road Use Agreement - ZEP Wind Farm Ganaraslca Page 116 damages are due to negligence or intentional misconduct by Clarington. 13.3 Consent Required The Developer shall not assign this Agreement, except to an affiliate, lender or mortgagee, without the consent of Clarington. No consent shall be required for the Developer to assign this Agreement to an affiliated or successor entity, lender or mortgagee (including for purposes of securing indebtedness or other obligations respecting the Electrical Infrastructure or the Project). The Developer shall obtain the acknowledgement that any transferee or assignee has notice of and acknowledges this Agreement, and agrees (upon exercise of any security interest in this Agreement, where applicable) to be fully bound by and to perform the duties and obligations of the Developer in the same manner as if such person was an original signatory to this Agreement. 13.4 Conflict Nothing in this Agreement shall abrogate or prejudice any statutory rights held by any party under any Applicable Law including the Ontario Energy Board Act, 1998, the Green Energy Act, 2009, the Municipal Act, 2001 and the Electricity Act, 1998. If there is any conflict between a provision of this Agreement and any Applicable Law, the Applicable Law shall prevail. 13.5 Further Assurances Each of the parties agrees with the others that it shall execute and deliver, at the request of another party, all such further documents, agreements and instruments, and will do and perform all such acts as may be necessary to give full effect to the intent and meaning of this Agreement. 13.6 Registration Neither this Agreement nor notice of it shall be registered against title to any lands. 13.7 Notices All notices, communications and requests for approval which may be or are required to be given under this Agreement shall be in writing and shall be transmitted by facsimile, mailed by first class prepaid post, sent by e -mail or delivered: To Clarington: Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Director of Engineering Services Fax: 905-623-9282 Email: tcannellaCa)clarington.net To the Developer: Ganaraslca Nominee Ltd. 155 Wellington street West, Suite 2930 Toronto, ON M5K 3H1 37785 -2005 19323520.7 16 -37 Road Use Agreement - ZEP Wind Farm Ganaraska Page 117 Attention: Aileen Gien, Associate General Counsel Phone: (416) 649 -1300 Fax: (416) 649 -1335 Email: a_ ienocapstoneinfra.com or such other address or number of which a party has notified the others. Any such notice shall be effective from the date that it is so transmitted, mailed, emailed or delivered. 13.8 Governing Law This Agreement shall be governed by, and be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. 13.9 Counterparts This Agreement may be executed by facsimile or PDF transmission and in one or more counterparts, all.of which shall be considered one and the same Agreement. 13.10 Approvals Wherever an approval or consent is required to be given under this Agreement, the consent or approval shall not be unreasonably withheld, delayed or conditioned and any withholding of approval or consent shall be accompanied by reasons therefor. The party from whom an approval or consent is required shall, within 15 business days after the request for approval or consent is received, advise in writing the party requesting such approval or consent that it consents or approves, or that it withholds its consent or approval. 13.11 Successors and Assigns This Agreement shall extend, be binding upon and enure to the benefit of the parties, their respective successors and permitted assigns. 13.12 Covenants Each obligation in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. Each covenant is a separate and independent covenant and a breach of covenant by any party shall not relieve the other parties from their obligations to perform each of their covenants, except as otherwise provided in this Agreement. 13.13 Severability The invalidity or unenforceability of any provision in this Agreement shall affect the validity or enforceability of such provision only and any such invalid provision shall be deemed to be severable from the balance of this Agreement. 13.14 Amendment No supplement, modification, amendment or waiver of this Agreement shall be binding unless 37785 -2005 19323520.7 16 -38 Road Use Agreement - ZEP Wind Farm Ganaraska Page 118 executed in writing by all parties. WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Adrian Foster Anne Greentree, Municipal Clerk GANARASKA NOMINEE LTD. Per: Per: 37785 -2005 19323520.7 16 -39 Road Use Afreement - ZEP Wind Farm Ganaraska Page 119 Schedule "A" Delivery Routes 37785 -2005 19323520.7 16 -40 wl rn 1 0 'CPUN10NNpp,O l4) ° \ D 0 Z i IMCOE'.. on ` Z pp -ePeTERBOROUGH ypy HAUL ROUTE $ tr T KAWARTHA / ry po LA KES 0 REGIONAL ROAD (DURHAM) pp MUNICIPAL ROAD (CLARINGTON) \ T� p o f WSP ACCESS ROADS PERMANENT v� O 90 p� y DURHAM NORTHUMBERLAND - -' - - YORK ,12 N UNOPENED ROAD ALLOWANCE �} T3 9° v ZEP WIND FARM GANARASKA NP��P cP'HP G O TORONTO LEGEND ® GAN ROAD ACCESS LOCATIONS HAUL ROUTE PROVINCIAL HIGHWAY REGIONAL ROAD (DURHAM) pp MUNICIPAL ROAD (CLARINGTON) \ T� p o f WSP ACCESS ROADS PERMANENT m� 0 p� y WSP ACCESS ROADS TEMPORARY 5 Q ,12 y4 o UNOPENED ROAD ALLOWANCE �} T3 9° v ZEP WIND FARM GANARASKA TURBINE LOCATIONS T1 �p LIMIT OF CAPSTONE PERMITTING 6J RESPONSIBILITY STpN Ppp,O L o � m sm GAN WTG DELIVERY ROUTE MAP N 9p p 5 pP yo m p 5 NP mm °� Stp y a C ON ZEP WIND FARM GANARASKA pp pp ORONO, ONTARIO y0 yo DATE: 2015- 05 - -15 SCALE: 1:30000 ,� PERMITS OUTSIDE THE `LIMIT OF PROJECT. 141- 25063 -00 FILE. 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Report To: General Purpose and Administration Committee Date'of Meeting: June 22, 2015 Report Number: LGL- 006 -15 File Number: Department File# 2030 -05 -16 By -law Number: Report Subject: Clarington Wind Farm Renewable Energy Approval No. 8383- 9R8PSW Recommendations: 1.1 That Report LGL- 006 -15 be received; 1.2 That the Mayor and Clerk be authorized to execute a Road Use Agreement with Clarington Wind Power (GP) Inc., as general partner for and on behalf of Clarington Wind Power LP, substantially on the terms set out in the draft agreement attached to this Report (Attachment 2); and 1.3 That Preet Khurana, Gerry Mahoney, the Port Hope Area Initiative and any delegations be advised of Council's decision. 16 -60 Municipality of Clarington Report LGL- 006 -15 Report Overview Page 2 This Report has been prepared to provide Council with information relating to the proposed Clarington Wind Farm and to seek authorization to execute a Road Use Agreement. 2. Background 2.1 On December 8, 2014, the Ministry of the Environment and Climate Change approved the renewable energy project that is commonly referred to as the Clarington Wind Farm. A copy of the Renewable Energy Approval (NUMBER 8383- 9R8PSW) (the "Approval ") was previously provided to Council. The Approval contains conditions (M2. and M3) requiring the proponent to enter into a Road Users Agreement with the Municipality, the Region of Durham and Atomic Energy of Canada Limited (now Canadian Nuclear Laboratories Inc.). 2.2 Attachment 1 to this Report is a map showing the proposed location of Clarington Wind Farm's 5 turbines. 2.3 The proponent for the project is Clarington Wind Power (GP) Inc., as general . partner for and on behalf of Clarington Wind Power LP, a partnership under the laws of Ontario ( "Clarington Wind "). In July 2012, Charles Edey, President of Leader Resources Service Corp., appeared as a delegation before Council to speak to this matter. 2.4 Council has previously been given much information relating to this proposed project, most recently in Confidential Report LGL- 011 -14 dated December 15, 2014 and Confidential Report LGL- 001 -15 dated January 12, 2015, 2.5 On December 15, 2014, Council passed Resolution #C- 387 -14 which, in part, (a, requested that the Port Hope Area Initiative and the CNSC review and formally comment on the information presented by Preet Khurana on behalf of the South East Clarington Ratepayers' Association (SECRA) at the December 15, 2014 Council meeting;. and (b) directed staff to file an appeal of the Approval and seek further Council direction after the filing. Mr. Khurana's concerns focused on the possibility that the proposed turbines could interfere with dust management activities on the Port Granby site. . . Municipality of Clarington Report LGL- 006 -'15 Page 3 J 2.6 In accordance with Resolution #C- 387 -14, an appeal was filed with the Environmental Review Tribunal (ERT) on December 22, 20.14. 2.7 Prior to filing the appeal, staff met twice with Mr. Khurana and once with Gerry Mahoney (who also appeared as a delegation before Council on December 15, 2014). Mr. Khurana's concerns formed the basis of the Municipality's appeal. Staff also briefly consulted with Dr. Tony van der Vooren (the Municipality's peer review consultant) before filing the appeal. 2.8 On December 23, 2014, staff received formal comments from PHAI in relation to the concerns expressed by Mr. Khurana. PHAI provided us with an Erratum to the report entitled "Impact of Wind Turbine Operation on Dust Management at the AECL Port Granby Site" prepared by Dr. Richarz of Echologics Engineering Ltd. 2.9 In early January, staff met with Dr. van der Vooren, Mr. Khurana and other residents of the area,to discuss several technical and practical issues in relation to the appeal. Their input was extremely valuable. 2.10 On January 12, 2015 (Resolution #CC- 01 -15), Council directed staff to settle the ERT appeal on specified terms, including a requirement that Clarington Wind provide an additional anemometer near the north -west corner of the licensed area of the Port Granby site. Staff were also directed to negotiate the terms of a road use agreement. 2.11 In accordance with Council's direction, Minutes of Settlement dated January 22, 2015 were entered into with Clarington Wind. In these Minutes, Clarington Wind agreed to provide an additional anemometer to the Municipality to be owned and operated by the Municipality or Canadian Nuclear Laboratories Inc.'at the Port Granby.site. 2.12 In a letter to the ERT dated January 26, 2015, the Municipality withdrew its ERT appeal. In a decision dated February 13, 2015, the ERT formally accepted the Municipality's request to withdraw. 3. Discussion 3.1 In accordance with the direction given by Council on January 12, 2015, staff have negotiated a Road Use Agreement with Clarington Wind and are recommending that it be executed for the following reasons: (a) All road - related engineering concerns and site specific planning concerns have been addressed to the satisfaction of the Director of Engineering 16 -62 Municipality of Clarington Report LGL- 006 -15 Page 4 Services, Director of Operations and Director of Planning Services. Specific road - related concerns of the residents have also been addressed. For example, some residents were adamant that they would not allow any trespass onto or over their properties during the deliveries of the wind turbine components. The haul route shown in the agreement respects their position. There are mechanisms in place to manage and control other traffic impacts on the local community. For example, the agreement requires that prior to any work being undertaken Clarington Wind must prepare a Traffic Management Plan and a construction schedule for approval by the Director of Engineering Services. (b) The agreement requires that prior to any work being undertaken the proponent must prepare an Emergency Response and Communications Plan for approval by the Director of Emergency and Fire Services. (c) All financial issues have been addressed to the satisfaction of the Director of Finance (Section 4.6 - Insurance and Article 11 — Financial). 3.2 The concerns of PHAI as they relate to Elliott Road can be addressed by the Municipality on PHAI's behalf and consequently CNL has not been added as a party to the agreement. There are no Regional roads on the haul route and therefore, notwithstanding conditions M1 and M2 of the Approval, the Region is not a party to any road use agreement with Clarington Wind. 4. Concurrence 4.1 This report has been reviewed by the Director of Planning Services, Director of Engineering Services, Director of Operations, Director of Emergency and Fire Services and Director of Finance. They all concur with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that the Mayor and Clerk be authorized to execute a Road Use Agreement with Clarington Wind Power (GP) Inc., as general partner for and on behalf of Clarington Wind Power LP substantially on the terms set out in the draft agreement attached to this Report (Attachment 2). 16 -63 Municipality of Clarington Report LGL- 006 -15 6. Strategic Plan Application 6.1 Not applicable. Submitted by: f Andrew C. Allison Municipal Solicitor Paqe 5 Reviewed by: Franklin Wu, Chief Administrative Officer Staff Contact: Andrew C. Allison, 905 - 623 -3379 ext. 2013 or AAllison @clarington.net Attachments: Attachment 1 — Location Map Attachment 2 — Road Use Agreement 16 -64 ATTACHMENT NO. 1 Port Granby Wind Turbine Locations 16 -65 ROAD USE AGREEMENT THIS AGREEMENT is made as- of the 291h day of June, 2015 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ( "Clarington ") - and - CLARINGTON WIND POWER (GP) INC. as general partner for and on behalf of CLARINGTON WIND POWER LP (the "Developer ") RECITALS: ATTACHMENT NO. 2 LG L- 006 -15 A. On December 8, 2014, the Director, Ministry of the Environment and Climate Change issued Renewable Energy Approval Number 8383- 9R8PSW (the "REA ") to the Developer. B. The REA permits the construction, installation, operation, use and retiring of a Class 4 wind facility with a total name plate capacity of 8.1 megawatts, inthe Municipality of Clarington, Regional Municipality of Durham (the "Project "). C. The REA sets out terms and conditions to be satisfied by the Developer (the "REA Requirements "). D. Section M (Municipal and Agency Consultation) of the REA Requirements includes the requirement for the Developer to make reasonable efforts to enter into a road user agreement with Clarington, the Regional Municipality of Durham ( "Durham Region ") and Atomic Energy of Canada Limited ( "AECL "). E. _ The Developer wishes to use certain Highways in order to make Deliveries. F. One of the Highways that the Developer wishes to use is Elliott Road which Her Majesty the Queen in Right of Canada represented by the Minister of Natural Resources ( "Canada ") has exclusive use of (subject to specified conditions) by virtue of a lease agreement dated April 11, 2012 between Clarington and Canada, and By -law 2012 -036 passed by Clarington Council. G. The Developer also wishes to use a portion of East Townline Road which is a boundary road under the joint jurisdiction of The Corporation of the Municipality of Port Hope and Clarington. Road Use Agreement - Clarington Wind Farm Page ( 2 H. Under a boundary road agreement dated December 6, 2010, Clarington is responsible for the maintenance and repair of, and exercises municipal access and consent powers in relation to, the portion of East Townline Road that the Developer wishes to use. I. Notwithstanding Section M of the REA Requirements, the Developer does not require the use of any Highway under the jurisdiction of Durham Region. J. Notwithstanding Section M of the REA Requirements, the AECL (now Canadian Nuclear Laboratories Inc.) is not a party to any agreement that gives it any rights in relation to the Elliott Road (such rights having been granted to Canada in the lease agreement referred to in Recital F). K. The Developer wishes to temporarily reconstruct or realign certain portions of the Highways to permit Deliveries. L. The Developer wishes to connect access roads from turbines located within the Project to certain Highways to permit ongoing access to the turbines. M. The Developer wishes to install, maintain and operate Electrical Infrastructure pursuant to its statutory rights as a distributor of electricity under the Electricity Act, 1998. N. The parties wish to enter this Agreement to clarify their respective rights and responsibilities in relation to the Project. NOW THEREFORE Clarington and the Developer agree as follows: ARTICLE l: INTERPRETATION 1.1 Definitions In this Agreement, including the recitals, "Applicable Law" means all present or future laws, by -laws, statutes, and regulations, and all present or future published directives, rules, policy statements and orders of any Public Authority to the extent that the same are legally binding on the parties in the context of this Agreement, including, (i) Municipal Act, 2001, S.O. 2001, c.25 ( "Municipal Act, 2001"); (ii) Electricity Act, 1998, S.O. 1998, c.15, Schedule A ( "Electricity Act, 1998 (iii) Building Code Act, 1992, S.O. 1992, c.23; (iv) Environmental Protection Act, R.S.O. 1990, c. E.19; (v) Green Energy Act, 2009, S.O.2009, c.12, Schedule A; (vi) Ontario Energy Board Act, 1998, S.O. 1998, c.15, Schedule B; Road Use A .Rreement - Clarington Wind Farm Page 13 (vii) Highway Traffic Act, R.S.O. 1990, c. H.9 ( "HTA "); and (viii) Occupational Health and Safety Act, R.S.O. 1990, c. 0.1; "Canada" means Her Majesty The Queen In Right of Canada as represented by the Minister of Natural Resources including, where appropriate, its agents, consultants, contractors, employees and those for whom it is in law responsible; "Clarington" means The Corporation of the Municipality of Clarington including, where appropriate, its agents, consultants, contractors, employees and those for whom it is in law responsible; "Commercial Operation Date" means the date on which the Project achieves commercial operation under the FIT Contract; "Consulting Engineer" means William McCrae, P. Eng. of the film CIMA+ or his designate; "Default" means default as defined in section 12.1; "Deliveries" means the transporting of materials, components and equipment using Heavy Vehicles and overweight or over -size cargoes across or along the Highways to provide for the construction, maintenance, repair or removal of infrastructure for the Project; "Delivery Routes" means the portions of Highways identified as such in Schedule "A"; "Developer" means the Clarington Wind Power (GP) Inc. as general partner for and on behalf of Clarington Wind Power LP including, where appropriate, its agents, consultants, contractors, employees and those for whom it is in law responsible; "Director" means Clarington's Director of Engineering Services or a designate; "Drainage Works" means all drains within the Highways; "Easement Areas" means the unopened portions of the Lancaster Road road allowance identified as such in Schedule `B' "Electrical Infrastructure" means infrastructure installed by the Developer within the Highways for the distribution of electricity, including lines of towers and /or poles, with such wires and /or cables (whether above ground or buried), for the distribution of electrical energy and all necessary, and proper footings, cross arms and other appliances, facilities and fixtures for use in connection therewith including vaults and junction boxes (whether above or below ground), manholes, conduit, fiber optics, cables, wires, lines and other conductors of any nature, multiple above or below ground control, communication data and radio relay systems, and telecommunications equipment, including conduit, fiber optics, cables, wires and lines; "Electrical Work" means all work required to construct, maintain, repair and remove Electrical Infrastructure as shown in Schedule "F ". Road Use Agreement - Clarington Wind Farm Page 14 "Entrance" means that portion of a Highway from its travelled portion to the private property boundary; "Entrance Work" means all work required to construct the Entrances and remove the identified temporary work as shown in Schedule "D "; "FIT Contract" means the Feed -In Tariff Contract Number F- 000684 -WIN- 130 -601 between the Developer and Independent Electricity System Operator (successor to the Ontario Power Authority) dated May 15, 2010; "Heavy Vehicle" means any truck or motor vehicle combination with a gross weight of truck, trailer and load in excess of the maximum allowable weights specified in sections 116 –118 of the HTA; "Highway" has the same meaning as in section 1 of the Municipal Act, 2001 which, for the greater certainty, incudes the Easement Areas; "Letter of Credit" means the letter of credit described in section 11.8; "Plans" means drawings and /or specifications prepared by a professional engineer respecting any Work including any approved changes; "Project" means the renewable energy generating facility and its appurtenant wind turbines, equipment, buildings, distribution/collection and transmission facilities to be constructed for the purpose of supplying electricity in accordance with the FIT Contract as further described in Recital B; "Public Authority" means any governmental, federal, provincial, regional, municipal or local body other than Clarington or Canada having authority in relation to any aspect of the Project; "REA" means the Renewable Energy Approval Number 8383- 9R8PSW issued by the Director, Ministry of the Environment and Climate Change to the Developer; "Road Work" means the temporary reconstruction or re- alignment of road sections, curves and intersections on the Highways to permit the passage of overweight or oversized cargoes, as shown in Schedule "C "; "Term" means the term of this Agreement as set out in section 3.1; and "Work" means all work required to be performed by the Developer under this Agreement within the Highways including Entrance Work, Road Work, Electrical Work and Deliveries. fl-• Road Use Agreement - Clarington Wind Farm Page 15 1.2 Extended Meanings In this Agreement, unless otherwise specified, (a) a grammatical variation of a word or expression defined has a corresponding meaning; (b) references to an Act or By -law shall include any amendments to or replacements of such Act or By -law; (c) references to Articles, sections and Schedules are references to Articles, sections and Schedules in this Agreement; (d) where reference is made to a decision, determination, consent, waiver, approval, notice, request or other communication, such matters shall be deemed to be qualified by the words "acting reasonably "; and (e) every provision by which the Developer is obligated in any way through the words "the Developer shall" will be deemed to include the words "at its expense" (including the payment of any applicable taxes). 1.3 Schedules The following Schedules are attached to and form part of this Agreement: Schedule "A" Delivery Routes Schedule "B" Easement Areas - Lancaster Road Schedule "C" Plans showing Road Work Schedule "D" Plans showing Work within Easement Areas Schedule "E" Plans showing Entrance Work Schedule "F" Plans showing Electrical Work ARTICLE 2: GRANT 2.1 License to Use Highways Clarington grants to the Developer a non - exclusive right and licence to enter upon and use the Highways (other than the Easement Areas) under their jurisdiction or control together with such vehicles, equipment and machinery as may be necessary for the purpose of undertaking the Work. 16-70 Road Use Agreement - Clarington Wind Farm Page 16 2.2 Lancaster Road Easements Clarington grants to the Developer a right in the nature of an easement through, along and over the Easement Areas together with such vehicles, equipment and machinery as may be required to construct (in accordance with Schedule "D "), maintain and repair access roads and install, operate, maintain and remove Electrical Infrastructure. 2.3 Restriction on Developer's Rights Unless otherwise explicitly provided for in this Agreement, the rights granted to the Developer under this Agreement shall at all times be subject to, (a) the right of free use of the Highways by all persons or parties otherwise entitled to such use; (b) the rights of the owners of the property adjoining any Highway to full access to and egress from their property and adjacent Highways, and the right of such persons to construct crossings and approaches from their property to any Highway; and (c) the rights of Canada to use Elliott Road North as set out in a lease agreement dated April 11, 2012 between Clarington and Canada. ARTICLE 3: TERM 3.1 Term The rights hereby granted as between Clarington and the Developer shall commence July 1, 2015 and continue until 180 days following the twentieth anniversary of the Commercial Operation Date, together with the time required to complete the decommissioning of the Project (the "Term "). There shall be no automatic right of renewal unless prior to the end of the Term the Developer obtains an extension of the term of the FIT Contract or secures an adequate replacement market for the electricity generated by the project, in which case the Developer may, upon 90 days' notice to Clarington, elect to extend the Term for a period equal to such FIT Contract extension or such other period as the Developer reasonable requires to participate in the replacement market. Upon such notice, the Developer and Clarington shall enter into good faith negotiations regarding the extension of the Term and any appropriate amendments to this Agreement. 3.2 Expiration of FIT Contract If the FIT Contract expires or is terminated during the Term and not otherwise extended or renewed, and the Developer does not secure an adequate replacement market for the electricity generated by the Project within - one year of the expiry or termination of the FIT Contract, this Agreement shall be terminated. The Developer shall provide written notice to Clarington if the Developer is able to secure an adequate replacement market for the electricity generated by the Project. 16 -71 Road Use Agreement - Clarington Wind Farm Page 17 3.3 . Right to Terminate The Developer may terminate this Agreement upon 60 days' written notice to Clarington and Canada. 3.4 Survival All unfulfilled obligations of the Developer under this Agreement, including those set out in section 10.2, shall survive any termination. ARTICLE 4: PRE - CONSTRUCTION REOUIREMENTS 4.1 Traffic Management Plan Prior to commencing any Work, in accordance with Condition M1 of the REA, the Developer shall prepare a Traffic Management Plan for approval by the Director. Amongst other matters, such Plan shall provide, unless the Director otherwise agree, that, (a) all signs, equipment and traffic pavement markings necessary to implement the Plan shall be consistent with the Ontario Traffic Manual and shall be provided and installed by the Developer; (b) Deliveries that require the use of Heavy Vehicles shall only use the Delivery Routes as shown in Schedule "A" unless approved by the Director; (c) scheduled Deliveries shall be limited to weekdays (excluding statutory holidays) between the hours of 7 am and 7 pm unless approved by the Director; (d) appropriate safety measures as required under the HTA and Ontario Traffic Manual - Book 7 must be in place with respect to any delay in the movement of vehicles as a result of any Work; (e) appropriate safety measures are in place respecting all railway crossings; and (f) the Developer shall not be entitled to close or temporarily block any Highway unless the timing, location and anticipated duration of such closure is specifically identified in the Plan. The Developer shall comply with the approved Traffic Management Plan. Clarington acknowledges that scheduled Deliveries may be subject to delays which result in deliveries outside timeframe stipulated in sub - paragraph (c). Where circumstances result in Deliveries outside the stipulated timeframe, the Developer shall communicate with Clarington and Canada as applicable to inform them of situation. 4.2 Emergency Response and Communications Plan Prior to commencing any Work, in accordance with Condition Ll of the REA, the Developer, shall prepare an Emergency Response and Communications Plan for the approval of the Director and 16 -72 Road Use Agreement - Clarington Wind Farm Page ( 8 Clarington's Director of Emergency and Fire Services which includes, at a minimum, all of the information required by Condition Ll of the REA. The Developer shall comply with the approved Emergency Response and Communications Plan. 4.3 Construction Schedule Prior to commencing any Work, the Developer shall prepare an overall construction and Deliveries schedule that provides for the general staging of the construction of Work and all Deliveries for the approval of the Director. The Developer shall coordinate its Work with Canada and shall provide reasonable accommodation to Canada in carrying out its Work. To the extent possible, the Developer shall undertake all Work in accordance with the approved schedule and shall work with Clarington and Canada if circumstances require a change to the schedule. 4.4 Notice Prior to commencing any Work, the Developer shall notify any person or body (including school boards and public services) operating within the Highways or in the vicinity of the Highways where such Work is to occur and all abutting property owners, of the details of the anticipated Work, and coordinate with such persons or bodies so as to minimize the potential interference with their use of the Highways. Clarington shall provide assistance to the Developer for the purpose of identifying any persons or bodies to be notified. 4.5 Survey of Existing Conditions Prior to commencing any Work, the Developer shall undertake a road condition survey to determine the existing condition of all Highways (other than the Easement Areas) identified as part the Delivery Routes and provide such survey to the Director for his approval. 4.6 Insurance Prior to commencing any Work, the Developer shall arrange for, and maintain during the Term, commercial general liability insurance insuring the Developer against any claims, liabilities, losses, costs, damages or other expenses arising out of or in any way incurred or suffered in connection with the Work. Such insurance shall, (a) be taken out with an insurance company approved by Clarington's Director of Finance and licensed to carry on the business of insurance in the Province of Ontario; (b) provide a limit of liability of not less than $5,000,000.00 for any one occurrence; (c) endorse Clarington as an additional insured; (d) provide for a waiver of subrogation in favour of Clarington; (e) contain a cross liability and severability of interest clause; and (f) provide for a minimum of 30 days' notice of cancellation. The Developer shall provide a Certifidate of Insurance evidencing that the required insurance has 16 -73 Road Use Agreement - Clarington Wind Farm Page 19 been obtained and, from time to time, upon reasonable request, provide proof that such insurance is in full force and effect. The issuance of a policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, for which the Developer may be held responsible. 4.7 Site Planning Prior to commencing any Work, the Developer shall submit to Clarington site plans for all 4 parcels of land on which the Project will be located showing all proposed fencing and landscaping. Notwithstanding the submission of such plans, the parties acknowledge that Clarington's Site Plan By -law No. 2010 -139 does not apply to the Project. ARTICLE 5: PROVISIONS RESPECTING ALL WORK 5.1 Approved Plans Clarington hereby approves the location of the Work as shown in Schedules "C ", "D ", "E" and "F" and confirms that it has taken into consideration any existing or known future specific municipal or engineering interests affected by the such Plans. If any modifications to the Plans are necessary for the construction, installation, repair, operation or decommissioning of the Project, the Developer shall submit such modifications to the Director for approval. 5.2 Performance To the extent that they are applicable, the Developer shall perform all Work in accordance with, (a) Clarington's Design Guidelines and Standard Drawings, a copy of which can be found at http : / /www.claringlon .net /htdocs /documents /En ink eerin /g Design - Guidelines /Design- Guidelines - Jan -201 l .pdf, as amended from time to time; (b) Clarington's traffic and Parking By -law No. 2014 -059 including the reduced load restrictions set out in sections 43 and 44; (c) good engineering practices; (d) approved Plans; (e) ' this Agreement; and (f) Applicable Law. 5.3 Hours Except as provided for in the schedule, is necessary for safety, or unless the Director otherwise agrees, Work shall be performed only on weekdays (excluding statutory holidays) between the hours of 7 am and 7 pm. 16 -74 Road Use Agreement - Claringion Wind Farm Page 110 5.4 Trees Save and except as identified on an approved Plan or in accordance with subsection 40(4) of the Electricity Act, 1998, the Developer shall not cut, trim, or otherwise interfere with any trees on any Highway in performing the Work without first obtaining the Director's approval. Cutting of trees shall be in accordance with the direction of a qualified arborist. 5.5 Upgrades If the condition of any Highway or Drainage Works is not sufficient to permit the Developer to carry out its desired operations, the Developer shall carry out any work required to upgrade the Highway or Drainage Works. The Developer shall not carry out any such work without first obtaining the Director's approval. 5.6 Maintenance of Drainage Works The Developer shall monitor and maintain in good working condition and repair all Drainage Works affected by the Work. After the completion of all Work, Drainage Works shall be left in a good working condition to the satisfaction of the Director, save to the extent of any relocation of Drainage Works as part of the Work. 5.7 Restoration If it becomes necessary to break, remove or otherwise pierce the existing surface of any Highway to undertake any Work, the Developer shall repair such surface to the same or better condition as compared to what existed prior to such Work. The Developer shall thereafter, for a period of 24 months following the Commercial Operation Date, monitor that portion of such restored Highways and repair any settling directly caused by the Work to the satisfaction of the Director. 5.8 Repairs The Developer shall be responsible for all costs associated with the repair of any Highways, Drainage Works and Entrances that have been damaged as a result of Deliveries by way of Heavy Vehicles. Any such repair shall restore the road surface and Drainage Works to the same or better condition as compared to their condition immediately prior to the use of the Highway. The Developer shall complete such repairs to the satisfaction of the Director. 5.9 Inspections The Director. and the Consulting Engineer shall be authorized to carry out periodic inspections of any Work and, if necessary, direct the Developer to undertake any necessary restoration or repair work. 5.10 Disposal of Debris During all construction, the Developer shall maintain the areas of the Highways affected by any Work in a clean and safe condition to the satisfaction of the Director. 16 -75 Road Use Agreement - Clarington Wind Farm Page 11 5.11 Work on Private Property. No Work shall be performed on private property without written permission from the property owner. If requested by the Director, the Developer shall provide proof of such permission. 5.12. Application to Elliott Road For any Work undertaken within Elliott Road, the Developer shall co- operate with Canada. 5.13 As Built Drawings Within 3 months after the Commercial Operation Date, and prior to release of the Letter of Credit, the Developer shall deposit with Clarington as built drawings and plans, together with a final electronic copy (CD ROM or DVD) prepared in an AUTO CAD environment, showing the location, elevations and specifications of any installed Electrical Infrastructure accurate to within +/- 0.3 metres, as well as the location and specifications of any other permanent Highway improvements constructed pursuant to this Agreement. ARTICLE 6: ENTRANCE WORK 6.1 Applicable Standards The Developer shall construct all Entrances in accordance the Plans identified in Schedule "E ", Clarington By -law No. 2006 -105 and Clarington's Policy For Entrances approved by Clarington Council on June 1, 2015. ARTICLE 7: ROADWORK 7.1 Construction The Developer shall undertake all Road Work in accordance with the Plans attached as Schedule "C» 7.2 Elliott Road Improvements The Developer shall coordinate the relocation or installation of guiderails or entrance gates on Elliott Road that Canada may reasonably request. 7.3 MTO The Developer acknowledges that any Work required within a Highway under provincial jurisdiction is not covered by this Agreement. 7.4 . Removal of Temporary Work All temporary work shown on the Plans in Schedule "C" shall be removed within 30 days of r[lri Road Use Agreement - Clarington Wind Farm Page 112 completion of the delivery of the final wind turbine components. ARTICLE 8: EASEMENT AREAS 8.1 Construction of Access Roads The Developer shall undertake all work required to construct access roads within the Easement Areas in accordance with the Plans attached as Schedule "D ". 8.2 Maintenance The Developer shall be responsible for all costs associated with the repair and maintenance of the access roads to be constructed within the Easement Areas. The Developer acknowledges that Clarington does not and will not clear snow from or otherwise maintain the Easement Areas and that it has no intention or obligation to pass a by -law pursuant to subsection 31(4) of the Municipal Act, 2001 to assume the Easement Areas for public use. 8.3 Restricted Access The Developer shall construct gates at the locations shown in Schedule "D" in order to prohibit public vehicular access to the Easement Areas. The type of gate shall be approved by the Director. The Developer shall provide copies of any keys to the gates to the Clarington's Emergency and Fire Services Department and Clarington's Operations Department. 8.4 Removal At the expiration of the Term, the Developer, if requested by Clarington, shall remove all works installed in the Easement Areas other than Electrical Work owned or jointly owned by Hydro One Networks Inc. or successor thereto. ARTICLE 9: ELECTRICAL WORK 9.1 Commencement The Developer shall not proceed with the Electrical Work before receiving permission or approval to proceed from any public or private body required to give permission or approval including Canadian National Railway and Canadian Pacific Railway. For greater certainty, this section 9.1 shall not restrict or limit the right of the Developer to proceed with the work shown in Schedules "C ", "D" and "E ". 9.2 Installation The Developer shall install Electrical Infrastructure only in the locations shown in the Plans attached as Schedule "F ". 9.3 Transfer Clarington acknowledges that the Developer may transfer components of the Electrical Infrastructure to Hydro One Networks Inc. ( "HONI ") for incorporation into HONI's electrical 16 -77 Road Use Agreement - Clarington Wind Farm Page 113 distribution infrastructure. Clarington agrees that any such transfer is permitted without further consent of Clarington. Upon a transfer of any component of the Electrical Infrastructure to HONI, the Developer shall be released from all obligations under this Agreement relating to that component of the Electrical Infrastructure transferred to HONI from and after the date of such transfer. 9.4 Locating Infrastructure The Developer shall marls the location of all Electrical Infrastructure with appropriate markings, accurately identify the location of any Electrical Infrastructure on the Plans, and participate in the "Ontario One Call" system to facilitate ongoing notice to the public of the location of all Electrical Infrastructure. 9.5 Relocation by Clarington Where in the future as part of the construction or reconstruction of a Highway or Drainage Works it becomes necessary to change the location of any installed Electrical Infrastructure, Clarington may, by 6 months' notice, require the Developer to do so. The Developer shall complete such work within 90 days of receipt of notice from Clarington, or such, longer period of time as may reasonably be required. The Developer and Clarington may agree upon the apportionment of the cost incurred by the Developer in any such work. In default of an agreement, the apportionment shall be determined in accordance with the Public Service Works on Highways Act, R.S.O. 1990, c. P.49. ARTICLE 10: ABANDONMENT AND DECOMMISSIONING 10.1 Abandonment The Developer may elect to permanently discontinue the use of and abandon any part of the Electrical Infrastructure on at least 60 days' notice to Clarington specifying the part to be abandoned and the date when the abandonment will occur. The Developer shall remove all abandoned Electrical Infrastructure and restore the area to substantially the same condition within 90 days of abandonment. 10.2 Decommissioning At the expiry of the Term, or upon the early termination of this Agreement, the Developer shall remove those parts of the Electrical Infrastructure that have been installed within the Highways, and thereafter restore the Highways to at least the same condition that existed prior to the installation. If the Developer fails to remove any of the Electrical Infrastructure or restore the Highways, then Clarington may remove such Electrical Infrastructure and thereafter restore the Highway without claim, recourse or remedy by the Developer. The reasonable cost of the removal and restoration shall be payable by the Developer. ARTICLE 11: FINANCIAL 11.1 Development Charges To the extent applicable under current Applicable Law, development charges in relation to the Road Use Agreement - Clarington Wind Farm Page 114 Project shall be calculated and paid in accordance with the development charge by -laws of Durham Region, Kawartha Pine Ridge District School Board, Peterborough Victoria Northumberland and Clarington Catholic District School Board, and Clarington. Clarington acknowledges that no development charges are payable under its Development Charges By -law No. 2015 -035 unless the structures supporting the wind turbine generators or the e -house foundation exceed 10 square metres. Except as expressly provided, nothing in this Agreement is intended to broaden or expand Clarington's authority or jurisdiction to charge the Developer fees, charges, and levies beyond what is permitted by current Applicable Law. 11.2 Building Permit Fees The Developer shall pay building permit fees for the Project in accordance with Schedule `B" of Clarington By -law No. 2011 -036 which requires payment of 115.72 for each $1,000 of construction value ". Clarington and the Developer agree that such construction value of each wind turbine generator is the value of the foundation and structure supporting the turbine and does not include the value of the turbine itself. 11.3 Entrance Fees The Developer shall pay all Clarington fees in relation to the construction of Entrances in accordance with Schedule "A" of Clarington By -law 2006 -105. 11.4 Fees in Lieu of Site Plan Fees The Developer shall pay Clarington $1,300 in lieu of any site plan application fees specified in Schedule "A" of Clarington's Fees By -law No. 2010 -142. 11.5 Professional Fees To the extent fees have not been incorporated into amounts related to any of sections 11.1, 11.2, 11.3 and 11.4, and to the extent permitted by Applicable Law, the Developer shall reimburse Clarington and Canada for all reasonable costs (supported by invoices) incurred by Clarington and Canada arising directly from the Work and the administration and enforcement of this Agreement including Clarington's and Canada's legal, planning, engineering consulting and administrative costs to negotiate and prepare this Agreement, to monitor the construction, maintenance, repair and removal of any Work, and all other related matters subject to a maximum reimbursement of $25,000 to Clarington. Clarington's legal fees shall be charged 'in accordance Schedule "A" of Clarington's Fees By -law No. 2010 -142. 11.6 Other Permits and Fees Clarington agrees that any permits or approvals that would otherwise be required in connection with the Work (other than building permits) are hereby effectively issued by Clarington to the Developer through the execution of this Agreement. The Developer shall only pay those fees and charges specifically set out in this Agreement associated with the Work. 11.7 Representation Clarington represents that the fees required to be paid by the Developer under this Agreement do 16 -79 Road Use Agreement - Clarington Wind Farm Page 115 not and will not during the Term exceed the usual and customary fees that are generally applicable to the public. 11.8 Letter of Credit As security for all of the Developer's obligations under this Agreement, the Developer shall, concurrent with the execution of this Agreement, deposit with Clarington a letter of credit or other acceptable financial assurance in a form acceptable to Clarington's Director of Finance in the amount of $100,000. 11.9 Use of Letter of Credit Clarington shall be entitled to draw on and use the proceeds from the Letter of Credit to remedy any Default. 11.10 Release of Letter of Credit Within 30 days of the completion of removal of all temporary work identified in the Plans and any repairs and restoration required pursuant to Article 5, Clarington shall release the Letter of Credit. ARTICLE 12: REMEDIES 12.1 Default The Developer shall be in default ( "Default ") if, in the opinion of the Director, (a) the Developer is not constructing any Work so that it will be completed materially in accordance with the construction schedule described in section 4.3 save and except for delays that are not within the control of the Developer; (b) the Work is not being constructed in accordance with this Agreement; (c) the Developer neglects or refuses to complete any repair or restoration required by sections 5.7, 5.8 or 5.9; or (d) the-Developer otherwise defaults in the performance of any Developer obligation under this Agreement. 12.2 Notice If the Developer is in Default and such Default has continued for a period of 30 business days (or such longer period of time as may reasonably be required in the circumstances to cure the Default) after receipt of notice from the Director setting out the particulars of the Default, Clarington may remedy the Default and the Developer shall reimburse Clarington for any reasonable, documented and direct expense incurred in remedying the Default. The cost of any work which Clarington undertakes pursuant to this section shall include an administration fee of 30% of the contractor's charges to Clarington or, if such work is undertaken by Clarington, 30% of all costs incurred by Clarington to remedy the Default. . :1 Road Use Agreement - Clarington Wind Farm Page 116 12.3 Liens If a claim for a lien in respect of any Work is filed with Clarington or Clarington receives written notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien Act, R.S.O. 1990, c. C.30 and the Developer fails to discharge the lien or the claim as the case may be within 10 business days after receipt of notice from Clarington, then Clarington may, (a) pay the full amount of the claim and security for costs into a court of competent jurisdiction in order to obtain an order vacating such claim for lien; or (b) discharge the claim in full by paying the amount claimed. The Developer shall indemnify Clarington against the costs incurred by Clarington in making any payment pursuant to this section including Clarington's reasonable legal costs. ARTICLE 13: MISCELLANEOUS 13.1 Dispute Resolution If any party provides another party with notice of a dispute regarding the interpretation or implementation of this Agreement (a "Dispute "), then the affected parties shall use their best efforts to settle the Dispute by negotiating with each other in good faith. If the parties are unable to resolve a Dispute, it shall be submitted to mediation by an impartial third party to be agreed upon by the parties to the Dispute. If the parties are unable to resolve the Dispute through mediation, then it shall be referred to arbitration in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c.17. 13.2 Indemnity The Developer shall indemnify and save harmless Clarington and Canada from and against all claims, liabilities, losses, costs (including legal costs• as between a solicitor and his own client) and damages that they may incur as a consequence of or in connection with the exercise of the Developer's rights under this Agreement, except if the claims, liabilities, losses, costs or damages are due to negligence or intentional misconduct by Clarington or Canada. 13.3 Consent Required The Developer shall not assign this Agreement, except to an affiliate, lender or mortgagee, without the consent of Clarington. No consent shall be required for the Developer to assign this Agreement to an affiliated or successor' entity, lender or mortgagee (including for purposes of securing indebtedness or other obligations respecting the Electrical Infrastructure or the Project. The Developer shall obtain the acknowledgement that any transferee or assignee has notice of and acknowledges this Agreement, and agrees to be fully bound by and to perform the duties and obligations of the Developer in the same manner as if such person was an original signatory to this Agreement. 13.4 Conflict Nothing in this Agreement shall abrogate or prejudice any statutory rights held by any party under Road Use Agreement - Clarington Wind Farm Page 117 any, Applicable Law including the Ontario Energy Board Act, 1998, the Green Energy Act, 2009, the Municipal Act, 2001 and the Electricity Act, 1998. If there is any conflict between a provision of this Agreement and any Applicable Law, the Applicable Law shall prevail. 13.5 Further Assurances Each of the parties agrees with the others that it shall execute and deliver, at the request of another party, all such further documents, agreements and instruments, and will do and perform all such acts as may be necessary to give full effect to the intent and meaning of this Agreement. 13.6 Registration Neither this Agreement nor notice of it shall be registered against title to any lands. 13.7 Notices All notices, communications and requests for approval which may be or are required to be given under this Agreement shall be in writing and shall be transmitted by facsimile, mailed by first class prepaid post, sent by e -mail or delivered: To Clarington: Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Director of Engineering Services Fax: 905-623-9282 Email: tcannella@clarinyton.net To the Developer: Clarington Wind Power (GP) Inc. 147 Mahood Johnson Drive Kincardine, Ontario N2Z 3A2 Attention: Charles Edey, Vice President Fax: 1 -519- 396 -3690 Email: chuckedey @leaderwind.com or such other address or number of which a party has notified the others. Any such notice shall be effective from the date that it is so transmitted, mailed, emailed or delivered. 13.8 Governing Law This Agreement shall be governed by, and be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. 13.9 Counterparts This Agreement may be executed by facsimile or PDF transmission and in one or more counterparts, all of which shall be considered one and the same Agreement. i[. Road Use Agreement - Clarington Wind Farm Page 118 13.10 Approvals Wherever an approval or consent is required to be given under this Agreement, the consent or approval shall not be unreasonably withheld, delayed or conditioned and � any withholding of approval or consent shall be accompanied by reasons therefor. The party from whom an approval or consent is required shall, within 30 after the request.for approval or consent is received, advise the party requesting such approval or consent that it consents or approves, or that it withholds its consent or approval. 13.11 Successors and Assigns This Agreement shall extend, be binding upon and enure to the benefit of the parties, their respective successors and permitted assigns. 13.12 Covenants Each obligation in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. Each covenant is a separate and independent covenant and a breach of covenant by any party shall not relieve the other parties from their obligations to perform each of their covenants, except as otherwise provided in this Agreement. 13.13 Severability The invalidity or unenforceability of any provision in this Agreement shall affect the validity or enforceability of such provision only and any such invalid provision shall be deemed to be severable from the balance of this Agreement. 13.14 Amendment No supplement, modification, amendment or waiver of this Agreement shall be binding unless executed in writing by all parties. Road Use Agreement - Clarington Wind Farm Page 119 WITNESS WHEREOF the parties have executed this Agreement. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Adrian Foster Anne Greentree, Municipal Clerk CLARINGTON WIND POWER (GP) INC. as general partner for and on behalf of CLARINGTON WIND POWER LP Per: Per: umm I 00 Ul o �= Road Use Agreement - Clarington Wind Farm Pam Schedule "B" Easement Areas — Lancaster Road t Lam' , , i# , ! • � � �� IN, K � � o �r 16 -86 Road Use Ap-reement - Claringfon Wind Faim Pau 22 [in Schedule "C" Plans Showing Road Work Newtonville Road / Concession 1 Road 3 .: X X M R7 7 m V 16-87 0 0 2 ME . o .: X X M R7 7 m V 16-87 0 0 2 Road Use Agreement - Clarinyton Wind Farm Pn,,e 23 Schedule "C" Plans Showing Road Work Concession I Road / Elliot Road Ufflow-0 \. ®� \ � � V \} 2 � , | � .` ƒ/ �� || B� | | || 2 � \ jL-L-- J� OR E bX1 01 (A I avm m3mm"m <7=. IM _ut � \ � | ` �/ | \ 2 § . § . , � Ufflow-0 Road Use Ap-reement - Clarington Wind Farm Page 24 Schedule "C" Plans Showing Road Work Lakeshore Road / Lancaster Road 0 a ��Cg U ILI A1� a �.. � p P R :I1i1,,�J r�(7i evi � b �pfpppP n i E° rc JfJI � !l! �t> ZI 9 EL H 7 zo i f' o �c a 3 C 1 Ii as � F � I c Road Use Agreement - Clarinaton Wind Farm Page 25 Schedule "D" Plans Showing Work within Easement Areas Turbine 1 16 -90 a _ QE Qr q& S IUE III .�� rE � d� �b si ?Y M1nii 5n 0 t i 16 -90 Road Use Agreement - Clarington Wind Farm Page 26 Schedule "D" Plans Showing Work within Easement Areas Turbine 2 16 -91 ILI j44� o. ■y� J2n1 3 -WI XiS 4 0 gF 4 j 6a! i0F4 t. V k it N t �1.� 6 16 -91 Road Use Agreement - Claringgon Wind Farm Page 27 Schedule `11)" Plans Showing Work within Easement Areas Turbine 3 I[o: � "*1 i • ti eq� 5% is •R ?i �RJ� F1►. � l . 9r "�a•� e�' P � f 1 z ae - 5V OVNI zrn 1-9k U 4 � eC )p•3 Y� M� t JkOc t•� f -00 �y1 e�• d 16 -92 Road Use Agreement - Clarinaton Wind Farm Page 128 Schedule "D" Plans Showing Work within Easement Areas Turbine 4 16 -93 pFS gj} o (Jr a UU, -col aJS � l8yyiyyy�F¢he *`fti.' ��� .� e• a ate S� �D� � � �g a tz-. IIII t _ Y 74 � •,�j1Y Y`4 � ci 0 � M 16 -93 Road Use Agreement - Clarington Wind Farm Page 129 Schedule I'D" Plans Showing Work within Easement Areas Turbine 5 16-94 - --------- - OL M I "I; 0e $ R 4, I!I Ulu III I i z fill 7 J I. L .V� aMN NOM1133OXOM 'All p Cb 01 0 16-94 Road Use Agreement - Clarimton Wind Farm Page 30 Schedule "E" Plans Showing Entrance Work Turbine 1 f Y— Ibm MULIU u W -- _ - - ........ .... .... .. vmlm y p ENTRANCE DETAI L .i ri 16 -95 Road Use Apareement - ClarinQton Wind Farm Page 31 Schedule "E" Plans Showing Entrance Work Turbine 2 I 6 A 1 ;r M A I In I� �I +I � I raft "W A4 I sn ENTRANCE DETAIL. _ TURBINE 2 W.iqE,l E H-7h-RANG SCALE- 16 -96 Road Use Agreement - Clarington Wind Faun Page 132 Schedule "E" Plans Showing Entrance Work Turbine 3 1; I� r n a W—WSIC! WISH C ELW'—U'i kENTRANGE DETAIL - TURBINE 3 SR N E E Qj .F-N7 RANGE oLD�Lf 16 -97 Road Use Agreement - Clarington Wind Farm Page 133 Schedule "E" Plans Showing Entrance Work Turbine 4 j., J, ti -PPhWA7-,m7 ACMM AW'. 7r �—uvcxr mvw, mD wm� Trupw%w FT W-1: rip •AMIIW— xmwmc ITMX 'J'Am Cum& 'Lureftwy mm4wm Ammo, mo, 'b" ENTRANCE DETAIL, - TURBINE.4 V AM 02:M - E! MCM E-11 Road Use Agreement - Clarington Wind Farm Page 134 Schedule "E" Plans Showing Entrance Work Turbine 5 i RDWM. !TSI#R1` -iii I K Ia 7-j- �r w ��,�i'f�7 -• Ilr .�,_.- ..-_.. __ . -1.� my c� �v w- .�• -F, ..��, 1't"XL' 16 -99 .,SW-, MOM E 4l�.1 Road Use Agreement - Clarington Wind Farm Page 135 Schedule "F" Plans Showing Electrical Work " Clarington Wind Farm - Electrical Work A Pn /. 9Q Z 2 N A �a i "lei i ea � y�J j o Legend 9 O Turbine - Above Ground Electrical Under Ground Electrical Roads --- Railway LAKE ONTARIO Substation Parcels 0 200 400 600 800 1,000 Meters 22810065.1 16 -100 clavinglon Chief Administrative Office Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905 - 623 -3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: Monday June 22, 2015 Report Number: CAO- 002 -15 Resolution: File Number: By -law Number: Report Subject: Strategic Plan 2015 -2018 Recommendations: 1. That Report CAO- 002 -15 be received; and 2. That Council endorse the Strategic Plan 2015 -2018 appended to Report CAO- 002 -15. 17 -1 Municipality of Clarington Report CAO- 002 -15 Report Overview Page 2 To identify the strategic priorities for the Municipality of Clarington for the current term of Council. -•m 1. Subsequent to new members of Council taking office December 2014, the Chief Administrative Officer has recommended to Council that the Municipality should develop a Strategic Plan identifying priorities that it wishes to accomplish within its 4 year mandate. As a result, three workshop style special meetings between March and June, 2015 were held where 6 strategic priorities were identified with accompanying new actions to support the realization of each priority. 2. The process of the development of the Strategic Plan commenced with the consultation of a Citizen Survey and dialogue with representatives from the Tourism, and Arts and Culture communities. All of this input was considered during the aforementioned workshops. 3. Upon endorsement by Council, staff will commence the task of reviewing each action item to develop the corresponding implementation plan which will be reported back to Council through the Budget process and separate reporting on each item where applicable. In addition, an Annual Report will be provided to Council to track our progress annually. Submitted by:,.. Franklin Wu Chief Administrative Officer Attachments: Attachment 1 — Municipality of Clarington Strategic Plan 2015 -2018 17 -2 ATTACHMENT NO. 1 TO REPORT CAO- 002 -15 MUNICIPALITY OF CLARINGTON STRATEGIC PLAN 20152018 17 -3 Mission: Committed to leadership, to respect and to the delivery of quality services Vision: Building a sustainable, creative, caring community 17 -4 Strategic Priorities 1. Facilitate the creation of jobs and expansion of local businesses 2. Ensure and demonstrate good governance and value for the tax dollar 3. Manage growth to maintain our "small town" feel 4. Enable safe, efficient traffic flow and active transportation S. Promote residents engagement in our community 6. Enhance access to our unique natural environment 3 17 -5 Strategic Priority 1: Facilitate the creation of jobs and expansion of local businesses New Actions: 1.1 Work with the Clarington Board of Trade to update our economic development strategy to advance our considerable strength and competitive advantage in nuclear energy and in agriculture 1.2 Identify, in consultation with the business community, key projects such as the GO Train extension, improved fibre optic service and serviced land that will encourage business retention, expansion and attraction and then collaborate with other orders of government, businesses and community organizations to advance these projects 1.3 Continue with process improvements that streamline development approvals, including approvals by other government agencies and effectively communicate the improvements 1.4 Explore innovative approaches to Development Charges on industrial and commercial property that balances the cost of servicing with economic gains for the community 1.5 Review and implement the best option for the delivery of the tourism function 1.6 Collaborate with local organizations to enable arts and culture to make a strong contribution, directly and indirectly, to business expansion in the community. Actions to Date: - Marketing of industrial lands opened up by Lake Road extension - Working with property owners to qualify their industrial property for Provincial `investment ready" designations - Examining, through the Official Plan Review and the Transportation Master Plan, planning and engineering policies /standards and processes to facilitate business expansion - Actively funding, promoting, working with retail, professional and service businesses to implement the Community Improvement Program - Supporting tourism operators through planning, marketing and promotion - Implementing and continuously listening to the Agriculture Advisory Committee of Clarington about actions to keep the dynamic agriculture sector growing. al 17 -6 Strategic Priority 2: Ensure and demonstrate good governance and value for the tax dollar New Actions: 2.1 Communicate widely, frequently and through various channels how good governance and value for the Clarington tax dollar are being provided 2.2 Investigate putting in place an ongoing evaluation process in which specific services are identified and systematically reviewed to determine the most effective and efficient way to provide them 2.3 Review opportunities for joint capital and /or operations with School Boards, Regional Government and other public agencies. Actions to Date: Providing tax bill inserts, press releases, website postings on a wide range financial information and performance measures Continuously examining how to improve value for money across some 100 external services and 45 internal services, including examining opportunities fora 1. increasing the number of outputs of the service from the number of inputs provided — improving efficiency 2. increasing the number of benefits from the output — improving effectiveness 3. decreasing the number of inputs and or the cost of these inputs — improving economy. 17 -7 Strategic Priority 3: Manage growth to maintain our "small town" feel New Actions: 3.1 Provide for walkable mixed -use neighbourhoods and encourage a "small town" feel in the Official Plan and neighbourhood plans 3.2 Support a variety of affordable mixed housing types and community design attributes that support our residents at every stage of life and across all abilities 3.3 Investigate, with the Clarington Board of Trade, the interest of each BIA in additional downtown revitalization programs 3.4 Reinforce our "small town" feel through tourism initiatives that showcase our agriculture and small town attributes 3.5 Educate and promote how growth needs to be managed to maintain and sustain our "small town" feel 3.6 Advocate to the Provincial and Regional governments the need to reflect the significance.of this Clarington priority in updates to the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan. Actions to Date: - Developing planning policies and amendments to manage growth to maintain Clarington's "small town" feel - Reviewing planning applications for conformity with the Provincial Policy Statement, Provincial Growth Plan, Durham Regional Official Plan, existing Clarington Official Plan and where relevant, the Greenbelt Plan and the Oak Ridges Moraine Plan - Supporting and preserving Clarington's historic areas through funding, promotion of Clarington's heritage through Doors Open, administration of the Ontario Heritage Act and the Clarington Heritage Committee initiatives. M 17 -8 Strategic Priority 4: Enable safe, efficient traffic flow and active transportation New Actions: 4.1 Determine transportation projects, including active transportation projects, to be given priority through the completion of Clarington's Transportation Master Plan and implement the decisions 4.2 Refine and update the Asset Management plan to efficiently manage and prioritize maintenance of roads, bridges and sidewalks and expand to a comprehensive plan incorporating all municipal assets 4.3 Create a dedicated rural road levy to address our rural road infrastructure deficit 4.4 Work with and influence the Ministry of Transportation to address community concerns with their services, including but not limited to: • improvements to Hwy 401 interchanges • Hwy 407 extension • extension of GO Train service to Courtice and Bowmanville. . Actions to Date: Building new roads and bridges, including the $7M Green Road extension and CPR bridge, reconstructing-roads and bridges, resurfacing rural roads, creating bicycle lanes and maintaining the Municipality's network of over 860 km of roads, 277 km of sidewalk, 252 bridges and 6500 streetlights Studying and. addressing pedestrian safety risks and traffic control issues through road and sidewalk design, education and by -law enforcement Providing adult cross guards services. 7 17 -9 Strategic Priority 5: Promote residents engagement in our community New Actions: 5.1 Leverage technology to effectively communicate to residents the range of community organizations in Clarington and their events and activities 5.2 Actively promote volunteerism, including helping Clarington residents interested in volunteering to be matched with organizations needing volunteers through such services as United Way's volunteer registry 5.3 Assess the needs for training in leadership, governance, volunteer retention and recruitment for community organizations and jointly develop a means to address these needs 5.4 Support and.enhance youth and older adult services 5.5 Pursue the "Youth Friendly" community designation and enable our community's youth to contribute to the community's zest and future 5.6 Enhance Council and corporate communications. Actions to Date: - Providing operational support to 35 -40 special events each year - Providing publicity to 100s of community events, activities and community organizations each year - Offer an annual community grant program and sponsorships for community organizations - Providing community workshops and one -on -one assistance to build capacity of community organizations - Supporting the Youth Leading Youth community initiative - Providing an annual Sport and Leisure Fair - Operate a bi- annual volunteer recognition celebration - Offer fire safety day, Junior Firefighting Camp, school tours of municipal facilities and demonstration of operational equipment at elementary schools - Host open houses, public information centres for key municipal decisions to gain public input on municipal and development proposals - Working towards a barrier -free Clarington through community based initiatives and accessibility improvements - Partner with the community to provide an annual pitch in and special waste events. 17 -10 E:3 Strategic Priority 6: Enhance access to our unique natural environment New Actions: 6.1 Adopt updated natural heritage preservation policies in the Official Plan 6.2 Collaborate with community organizations and other stakeholders and partners wishing to advance this priority through events 6.3 Integrate the promotion of our unique natural environment into tourism initiatives 6.4 Continue the development of parkland along the waterfront 6.5 Prioritize and build additional trails including trails to connect our community to the waterfront 6.6 Investigate putting in place a Trails Council or similar body as a means of community engagement on promotion, location and maintenance of trails. Actions to Date: - Maintaining 920 hectares of parkland and open space - Collaborating with Valleys 2000, Samuel Wilmot Nature Area Management Advisory Committee, Waterfront Trail Regeneration Trust, Durham Trail Co- ordinating Committee, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority and Kawartha Conservation Authority to improve access to the areas that these organizations steward Developing cycling routes, dedicated cycling lanes and off -road multiuse trails Promoting Clarington's fishing, cycling and agri- tourism experiences Acquiring additional waterfront lands Building, programming and maintaining waterfront parks Assessing, with Durham Regional Government and conservation authorities, climate adaptation actions to protect public safety and the natural environment. 17 -11 (iarlI1 11 MEMO Leading the Way CLERK'S DEPARTMENT If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. To: Mayor Foster and Members of Council From: Anne Greentree, Municipal Clerk Date: June 19, 2015 Subject: General Purpose &Administration Committee Meeting Agenda —June 22, 2015 — 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, June 22, 2015: 6. Delegations See attached Final Agenda. (Attachment#1) 8. (e) Updated Attachment #1 to Report PSD-039-15 — Request for Confirmation of Municipal Council Support for Resolution Under the Green Energy Act: Ground Mounted Solar Fit Project at 160 Morgans Road (Attachment#2) n r e ree, Municipal Clerk CAG/mc 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 #-"L- TO UPDATE MEMO ciffingoll Final General Purpose and Administration Committee Agenda Date: June 22, 2015 Time: 9:30 AM Place: Council Chambers If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Audio Record: The Municipality of Clarington makes an audio record of General Purpose and Administration Committee meetings. If you make a delegation or 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 (a) Minutes of a Regular Meeting of June 8, 2015 4-1 5. Public Meetings 5-1 (a) Applications for Proposed Zoning By-law Amendment Applicant: 2346123 Ontario Inc. (Wally Gupta) Report: PSD-035-15 5-3 (b) Applications for Proposed Zoning By-law Amendment Applicant: 1351739 Ontario Inc. (Baird/Gay) Report: PSD-036-15 5-5 (c) Applications for Proposed General Amendment to Zoning By-law 84-63 Applicant: Municipality of Clarington Report: PSD-037-15 Corporation of The Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 905-623-3379 I i if G.P. & A. Agenda 2 June 22, 2015 6. Delegations 6-1 (a) Dave Eva and David Biggar, Capstone Power, Regarding LGL-005-15, ZEP Wind Farm Ganaraska Renewable Energy Approval No. 1426-9RWTSS (b) Jody E. Johnson, Aird & Berlis LLP. Regarding Report LGL-006-15, Clarington Wind Farm Renewable Energy Approval No. 8383-9R8PSW (c) Ed Leader, Regarding Report PSD-039-15 the Request for Confirmation of Municipal Council Support for Resolution Under the Green Energy Act: Ground Mounted Solar Fit Project at 160 Morgans Road (d) Bob Schickedanz, Far Sight Homes, Regarding Report PSD-038-15 an Application by Far Sight Investments Ltd. to Amend Zoning By-law 84-63 to Permit a Temporary Sales Office for New Homes in a Subdivision on Lambs Road, North of King Street East, Bowmanville and to Amend Sign By-law 2009-123 Delegations Regarding CSD-008-15 — To Begin at 1:00 PM (e) Ted Brown, Regarding Report CSD-008-15, Regarding the Older Adult Strategy Governance (f) Barbara Singleton, Clarington Older Adult Board of Directors, Regarding Report CSD-008-15, Regarding the Older Adult Strategy Governance (g) Nancy Kelman, Regarding Report CSD-008-15, Regarding the Older Adult Strategy Governance (h) Donna Lanigan, Regarding Report CSD-008-15, Regarding the Older Adult Strategy Governance 7. Presentations No Presentations 8. Planning Services Department (a) PSD-035-15 An Application by 2346123 Ontario Inc. (Wally Gupta) 8-1 to Permit a Motor Vehicle Fuel Bar (b) PSD-036-15 A Rezoning Application by 1351739 Ontario Limited 8-9 (Gay/Baird) to Amend Zoning By-Law 84-63 to Permit the Severance of a Residential Lot Fronting on Townline Road (c) PSD-037-15 Public Meeting Report for a General Amendment to 8-16 Zoning By-law 84-63 G.P. &A. Agenda 3 June 22, 2015 (d) PSD-038-15 An Application by Far Sight Investments Ltd. to 8-22 Amend Zoning By-law 84-63 to Permit a Temporary Sales Office for New Homes in a Subdivision on Lambs Road, North of King Street East, Bowmanville and to Amend Sign By-law 2009-123 (e) PSD-039-15 Request for Confirmation of Municipal Council 8-37 Support for Resolution Under the Green Energy Act: Ground Mounted Solar Fit Project at 160 Morgans Road 9. Engineering Services Department No Reports 10. Operations Department (a) OPD-008-15 2015 Winter Budget Report 10-1 11. Emergency and Fire Services Department No Reports 12. Community Services Department (a) CSD-008-15 Older Adult Strategy Governance 12-1 13. Municipal Clerk's Department No Reports 14. Corporate Services Department (a) COD-014-15 Facilities Development Strategy 14-1 (b) COD-015-15 Odell Street and Prospect Street Reconstruction 14-5 15. Finance Department No Reports 16. Solicitors Department (a) LGL-005-15 ZEP Wind Farm Ganaraska 16-1 Renewable Energy Approval No. 1426-9RWTSS (b) LGL-006-15 Clarington Wind Farm 16-60 Renewable Energy Approval No. 8383-9R8PSW G.P. & A. Agenda 4 June 22, 2015 17. Chief Administrative Office (a) CAO-002-15 Strategic Plan 2015-2018 17-1 18. Unfinished Business None 19. Other Business 20. Communications 21. Confidential Reports (a) PSD-040-15 Applications by Port Darlington Land Corporation to Amend the Clarington Official Plan and Zoning By-law to Permit a 234-Unit Draft Plan of Subdivision (b) LGL-007-15 Clarington v. Waste Management of Canada Claim,for Royalties 22. Adjournment ATTACHMENT # 2 TO UPDATE MEMO Attachment 1 to Municipality of Clarington Report PSD-039-15 WHEREAS Carbon Footprint Offsetters (the applicant) proposes to construct and operate a ground mounted solar array (the "Project") on a farm located at 160 Morgan's Road, Newcastle (the "Lands") in the Municipality of Clarington under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of the Municipality of Clarington indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules"), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the Municipality of Clarington supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. I r PUBLIC MEETING Application By: 2346123 Ontario Inc. To permit a motor vehicle fuel bar in addition to other highway commercial uses 3211 Highway 35/115 Clarington Planning Services Department ZBA 2015-0005 Proposal Public High School Background and Context Restaurant Agriculture Retail Commercial Vacant Golf Subject Range Lands Gas Station Background and Context Comments Sewage system design • Contamination from fuel • Maintenance • High quality design • Proposal PLANNING RATIONALE: 2346123 ONTARIO INC. PROPOSED HIGHWAY COMMERCIAL GAS BAR DEVELOPMENT 3211 HWY 115 MUNICIPALITY OF CLARINGTON NEW GAS BAR NOT PERMITTED CURRENTLY  ALL OTHER REQUESTED USES PERMITTED  ZONING BY-LAW AMENDMENT REQUIRED  EXISTING C4-12 ZONING TO BE AMENDED  ALL STANDARD C4 PROVISIONS CAN BE MET  KEY PLANNING CONSIDERATION GAS BAR WITH SIX PUMP ISLANDS  TIM HORTONS RESTAURANT (20-27 SEATS)  PROPOSAL OUTLINE DRIVE THROUGH FACILITY  CONVENIENCE STORE (142.15 sq. m.)  FUTURE RETAIL USE  NO GAS BAR DEVELOPMENT SINCE ’94  46% INCREASE IN WADT BETWEEN ’94 -’10  AADT INCREASE OF 10,000 CARS  EXISTING SITE CURRENTLY BLIGHTED  POTENTIAL TO CREATE 30-40 JOBS  LARGE POPULATION INCREASE PREDICTED  ECONOMIC CONSIDERATIONS EXISTING COMMERCIAL SITE  SITE AREA 1.23ha  LOT FRONTAGE 76.2m  SPECIAL PURPOSE COMMERCIAL ZONE C4-12  DESIGNATED “PRIME AGRICULTURAL”  REMNANT RESTAURANT BUILDING ON SITE  SITE OVERVIEW HIGH VISIBILITY FROM HIGHWAY  PRIVATE WATER AND SANITARY FEASIBLE  NO SIGNIFICANT ENVIRONMENTAL FEATURES  NO CROP LANDS/AGRICULTURAL USE  SITE OVERVIEW NORTH -VACANT COMMERCIAL SITE  SOUTH –DRIVING RANGE LANDS  EAST –DRIVING RANGE LANDS  WEST –DIVIDED HWY 35/115  SURROUNDING LANDS OVERVIEW PROVINCIAL POLICY STATEMENT  DURHAM REGION OFFICIAL PLAN  CLARINGTON OFFICIAL PLAN  CLARINGTON ZONING BY-LAW  PLANNING POLICY FRAMEWORK GEOTECHNICAL INVESTIGATION  PHASE I & II ESA  TRAFFIC IMPACT STUDY  WATER SUPPLY ASSESSMENT  SUPPORTING STUDIES NEW GAS BAR NOT PERMITTED  ALL OTHER USES PERMITTED  PLANNING RATIONALE REPORT REQUIRED  “VARIATION OF USE” POLICY APPLICABLE  REQUIRED ZBA “Notwithstanding Policy 14.5.1, this Plan is not intended  necessarily to prevent the continuation, expansion, or enlargement of uses which do not conform to the designations and provisions of this Plan. At their sole discretion, the Councils of the area municipalities may zone to permit the continuation, or the expansion or enlargement of legally existing uses, variations to similar uses …” REGION OF DURHAM POSITION “This Official Plan shall not limit the authority of Council to pass a  by-law permitting the extension or enlargement of legal non- conforming uses, buildings or structures. Prior to passing a by-law to recognize the continuation, expansion or enlargement of non- or the variations to similar uses…” conforming use, CLARINGTON OFFICIAL PLAN It is not feasible to relocate the existing use  It does not aggravate the situation created by the existence of the  use, especially in regard to the policies of this Plan and the requirements of the implementing Zoning By-law The size is appropriate in relation to the existing legal non-conforming  use It does not generate noise, vibrations, fumes, smoke, dust, odours, or  lighting so as to create a public nuisance or health hazard The neighbouring conforming uses are protected, where necessary,  by the provision of landscaping, buffering, screening and other measures… EVALUATION CRITERIA High quality architectural design, landscape treatment and  fencing with particular attention to corner treatment Lots should be sufficiently large to accommodate the proposed  uses and provide appropriate buffers to adjacent uses Access points to each site shall be limited in number and shall not  impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible Convenience retail uses shall be sensitively designed to the  context, have high quality finishes facing the street, generally have less than 250 square metres of floor area… SERVICE STATION DESIGN GUIDELINES ‐ Fiber cement stone (contains over 20 % recycled materials)  Trisort garbage and recycling bins  LED exterior and interior lighting  Light sensors (i.e. in the washrooms)  Low flow plumbing fixtures  Central high efficiency HVAC  Low E argon thermal glazing  Drought tolerant plants, low grow/slow grow grass  Light coloured or reflective roof, preferably white  SUSTAINABILITY DESIGN FEATURES CONSISTENT WITH THE PPS  IN CONFORMITY WITH THE DURHAM REGION OFFICIAL PLAN  IN CONFORMITY WITH MUNICIPAL OFFICIAL PLAN  ABLE TO BE BROUGHT INTO COMPLIANCE WITH ZONING BY-LAW  RESPECTS SERVICE STATION DESIGN GUIDELINES  ABLE TO PROVIDE DESIRABLE SUSTAINABLE FEATURES  LOGICAL REDEVELOPMENT OF DERELICT COMMERCIAL SITE  PROVIDES POSITIVE ECONOMIC IMPACT  CONCLUSIONS Application By: 1351739 Ontario Limited Proposed rezoning to permit 2 dwellings, following the severance of a residential lot Clarington Planning Services Department Background Use short single tier bullets Bullet No. 1 • only. Use speakers note only to elaborate Bullet No. 2 • Bullet No. 3 • Make use of more graphics/ less words.. Background Agency & Staff Comments Application and supporting material • circulated for comments Still awaiting comments from most • circulated agencies EIS to determine development limits • and lands to be placed in the Environmental Protection Zone Public Comments -Neighbour to the south has no objection to the 2 new dwellings 4y ` 1 NOTICE. PROPOSED ZONING BY-LAW AMENDMENT 1351739 ONTARIO LIMITED HAS SUBMITTED AN APPLICATION TO AMEND THE ZONING BY-LAW TO PERMIT THE DEVELOPMENT OF 2 SINGLE DETACHED DWELLINGS. FILE: ZBA 2015-0007 For further information please contact the Municipality of Clarington Planning Services Department at 905-623-3379 MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING A PUBLIC MEETING IN RESPECT TO THE ZONING BY-LAW AMENDMENT - SHALL BE HELD; DATE: MONDAY, JUNE 22nd, 2015 TIME; 9;30 AM PLACE: COUNCIL CHAMBERS MUNICIPAL ADMINISTRATION CENTRE 40 TEMPERANCE STREET BOWUMANVILLE. ONTARIO .. „„„....." - Neighbour to the south has no objection to the 2 new dwellings Property Location Map (Courtice) A b �R eo�R1 ° Nr R r N x z o c° h pFIPR -ELD DRIV ROLE ®N SPP HHFIELD GAT Subject @IRDHFIELD DR Site a z—ERFIELD ST O F _ NASR ROA❑ O (3) ; Proposed' riveway� roposed Property to L R­� �` \ \Existing t louse -� --; i Housebe severedUk4M I firGXWAY2 Widenin Roadtro ---�-- ' Existing Proposed °House Sheds Ybe Property to retained dDriveway, ZBA 2015-0007 ^ Zoning By-law Amendment N Owner: 1351739 Ontario Inc. ZEA 2015-0007 Proposed General Amendment to Zoning By-law 84-63 Clarington Planning Services Department Proposed Amendments 55 amendments are proposed to: • Provide clarification • Provide Consistency with: • -Kennel Licensing By-law 2013-025 Special Events By-law 2014-020 – Refreshment Vehicles 2015-016 – Introduce regulations for : • Visitor Parking for Multiple Residential – Developments 0.3 metre reserves – Model Homes and Temporary Sales Offices – Clarification Amendments anTication Ampneimi; NO person shall erect any building or structure in any Zane, after the date of passing of this By -lave„ unless the lot upon which such building or structure is to be erected fronts upon an improved public street, maintained year round; and further, that such building or structure complies with the setback provisions of this By-law. b. Unassurned Street Notwithstanding the provisions of Section 3.9 a. to the contrary, the provisions of this By-law shall not prevent the erection of a permitted building or structure on a lot in a Registered Plan of Subdivision where a subdivision agreement has been entered into with the Municipality and registered on title, whereunder the street or streets will not be assumed by the Municipality until such time as specified in the said agreement. c. Private Right -Df -Way i) Notwithstanding the provisions of Subsection 3.9 a. above, where a building has been erected prier to the date of passage of this By-law on a lot which does not have frontage on an improved public street, cr on a lot which fronts on a private right-of-way registered on title and providing legal ingress and egress to an improved public street, the provisions of this By-law shall not apply to prevent the enlargement, alteration, extension or renovation of such a building or structure or the erection of accessory buildings, provided the use of such building or structure is permissible in the zone in which it is located and that all other applicable provisions of this By-law are complied with. ii} Notwithstanding the provisions of Subsection 3.9 a. above, where a lot has been created prior to the date cf passage of this By-law, which does not have frontage on an improved public street and such lot has access to a private perpetual right-of-way registered on title which provides legal ingress and egress to an improved public street, the provisions of this by-law shall not apply to prevent the issuance of a building permit provided the use of such building or structure is permissible in the zone in which it is located, and that all other applicable provisions of this by-law are complied with. d. Private Street Notwithstanding the provisions of Subsection 3.9 a. above, the provisions of this by-law shall not apply to prevent the erection or use of a building on a lot which has frontage on a Private Street where such street existed at the date of passage of this by -.law, or where such street is shown on a site plan approved pursuant to By-law 79-151 of the Town of Newcastle, as amended, or any successor thereto. Clarification Amendments Proposed New Regulations Visitors Parking • 0.3 Metre Reserves • Model Homes and Temporary Sales • Offices Kennel Proposed Definition: Shall mean a building or structure within which four or more dogs, cats or other domestic animals are being kept or boarded for profit and includes any associated lands. Special Events Proposed Definitions: Special Event, Private Shall mean an event, the duration of which is temporary in nature, for the purpose of celebrating a special occasion which is not open to the public and is not conducted for profit or gain. Special Event, Public Shall mean a cultural, recreational, educational or similar event including fairs, festivals and carnivals, the duration of which is temporary in nature. It is open to the public and may be conducted for profit and gain. The term special event shall not include a motorized recreational competition. Refreshment Vehicles Stationary Refreshment Vehicles are proposed to be permitted in the following zone categories: Hamlet Commercial (C3) • Special Purpose Commercial (C4) • Service Station Commercial (C6) • Public Inquiries 5 General Inquiries • 1 concern about Dog Daycares • Review of the Proposed Amendments MUNICIPALITY OF CLARINGTON RECREATION SERVICES MANAGER SENIOR SENIOR SENIOR SENIOR COORDINATOR COORDINATOR CORDINATOR COORDINATOR BOWMANVILLE COURTICE ORONO NEWCASTLE VOLUNTEERS VOLUNTEERS VOLUNTEERS VOLUNTEERS SENIORS SENIORS SENIORS SENIORS FAR SIGHT HOMES 117 Ringwood Drive, Unit 18 Stouffville, Ontario, L4A 8C1 Tel:905 642 8383 Fax; 905 642 6535 June 18,2015 To: Mayor, Council & Planning Staff Municipality of Clarington Re: Far Sight Homes,Temporary Sales Pavilion &Sign By-law amendment General Purpose and Administration Committee,June 22, 2015 Report PSD-038-15 File ZBA 2015-0008 and SBA2015-001 Far Sight Homes is pleased and concurs with staff recommendations in the above noted report as they relate to our proposed sales pavilion for our Timber Trails residential subdivision on the east side of the Bowmanville Community,with the exception of one minor detail. The proposed amendment provides for an exception to the sign Area for a "V" shaped sign provided "...that the angle of the two panels forming the V-shape are separated by no more than 45 degrees." In the case of only one of our proposed V signs, at the northwest corner of Lambs Road and HWY#2,the angle between the sign faces should be increased to allow for up to 90 degrees to be properly effective because of the unusual and odd intersection geometry at the intersection of Lambs Road and HWY#2. We respectfully request that this very minor, yet important revision be implemented in our Sign By-law amendment. Thank you for your consideration of this request. We look forward and are extremely anxious have our sales centre open at the earliest possible date to attract new families to the Bowmanville Community, Respectfully, Far Sight Homes Bob Schickedanz