HomeMy WebLinkAbout09/06/2005
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
SEPTEMBER 6, 2005
7:00 P.M.
COUNCIL CHAMBERS
TIME:
PLACE:
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of June 20, 2005
301
4. PRESENTATIONS
(a) Samveg Saxena, President & Founder, UOIT Solar Vehicle Team,
Introduction of the Solar Vehicle Project
5. DELEGATIONS
(a) Bob Hayward regarding Mileage Rates
(b) Libby Racansky regarding Site Alteration By-law, Improve Burning By-law
(c) Lome Allin, 962233 Ontario Limited regarding PSD-104-05, Severance of
a Farm Retirement Lot
6. PUBLIC MEETINGS
(a) Application to Amend the Official Plan and the Zoning By-law
Applicant: Miller Paving Limited
Report: PSD-099-05
501
(b) Application to Amend the Zoning By-law 84-63
Applicant: Shell Canada Products Limited
Report: PSD-100-05
503
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379
G.P. & A. Agenda
- 2-
September 6, 2005
(c) Application to Amend the Zoning By-law 84-63 505
Applicant: Phip Limited (Mark Foley) on Behalf of Gerrit Van Londen
Report: PSD-101-05
7. PLANNING SERVICES DEPARTMENT
(a) PSD-099-05 - Official Plan Amendment and Zoning By-law 601
Amendment to Permit the Development of an
Outdoor Compost Facility
Applicant: Miller Paving Limited
(b) PSD-100-05 - Rezoning to Permit a Convenience Store Accessory 611
to a Motor Vehicles Service Station
Applicant: Shell Canada Products Limited
(c) PSD-101-05 - Zoning By-law Amendment and Removal of Part Lot 618
Control to Permit the Construction of Fourteen Dwellings
Applicant: Phip Limited (The Foley Group)
(d) PSD-102-05 - Amendment to Draft Approved Plan of Subdivision 631
18T -89070 to Permit the Development of 84
Residential Units
Applicant: 2044356 Ontario Limited (Palaka)
(e) PSD-103-05 - Application for Removal of Part Lot Control 641
Applicant: Eventel Enterprises Inc.
(f) PSD-104-05 - Proposed Regional Official Plan Amendment to 647
Permit Severance of a Farm Retirement Lot from an
Undersized Farm Parcel
Applicant: 962233 Ontario Limited (Lome Allin)
(g) PSD-105-05 - Rezoning to Permit a Home-based Occupation in an 652
Existing Dwelling
Applicant: Tim and Dorris Taxis
(h) PSD-1 06-05 - Monitoring of the Decisions of the Committee of 659
Adjustment for the Meeting of June 16, 2005,
July 7,2005, July 16, 2005, August 11,2005,
and August 25, 2005
(i) PSD-1 07 -05 - Nuclear Waste Management Organization - 680
Comments on Draft Study Report
(j) PSD-1 08-05 - Application for Removal of Holding Symbol 69902
Applicant: 2001544 Ontario Limited (Halminen Homes)
G.P. & A. Agenda
- 3-
September 6, 2005
(k)
PSD-109-05 - Orono Community Improvement Project
Implementation Community Liaison Group
69907
(I) PSD-110-05 - Confidential Report - Property Matter
8. ENGINEERING SERVICES DEPARTMENT
(a) EGD-027-05 - Regulatory Maximum Speed Limits, Lakeshore Road 701
(b) EGD-028-05 - Parking Various Locations - Proposed Amendments 707
to By-law 91-58
(c) EGD-029-05 - Monthly Report on Building Permit Activity for 719
June,2005
(d) EGD-030-05 - Monthly Report on Building Permit Activity for 724
July, 2005
9. OPERATIONS DEPARTMENT
No Reports
10. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-01 0-05 - Monthly Response Report - June 2005
901
11. COMMUNITY SERVICES DEPARTMENT
No Reports
12. CLERK'S DEPARTMENT
(a) CLD-028-05 - M.A.H. Position on Line Fences and Abandoned 1101
Rail Rights Of Way
(b) CLD-033-05 - Animal Services Quarterly Report - April to June, 2005 1105
(c) CLD-034-05 - Quarterly Parking Report 1109
(d) CLD-035-05 - Private Parking Enforcement 1112
13. CORPORATE SERVICES DEPARTMENT
(a) COD-041-05 - Purchase of Hurst Extrication Equipment
1201
G.P. & A. Agenda
.4-
September 6, 2005
(b) COD-043-05 - Confidential Legal Matters
(c) COD-044-05 - Request for Proposal, RFP 2005-10, Marketing 1204
Services For Brian McFarlane Museum
(d) COD-045-05 - Contracted Services for the mixing of Salt, Sand and 1207
Calcium Chloride (Winter Sand)
(e) COD-046-05 - Tender Awards Summer Council Break 1210
14. FINANCE DEPARTMENT
(a) FND-010-05 - Annual Leasing Report - 2004
1301
(b) FND-011-05 - 2005/2006 Insurance Program
1303
(c) FND-012-05 - Cash Activity - First Quarter of 2005
1306
15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
(a) ADM-004-05 - Canadian Association of Nuclear Host Communities 1401
Resolution
16. UNFINISHED BUSINESS
(a) Addendum to PSD-056-05 - Greenbelt Act and Greenbelt Plan - 1501
Status of Applications
17. OTHER BUSINESS
(a) International Literacy Day, September 8, 2005
18. ADJOURNMENT
C~!!j!lglon
General Purpose and Administration Committee
Minutes
June 20, 2005
Minutes of a meeting of the General Purpose and Administration Committee held on Monday,
June 20, 2005 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Ping Ie
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Deputy Chief, Emergency Services, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Manager, Special Projects, F. Langmaid
Director of Corporate Services, M. Marano
Manager, Community Planning & Design, C. Pellarin
Planner, Development and Review, B. Russell
Director of Finance/Treasurer, N. Taylor (until 11 :02 am)
Deputy Clerk, A. Greentree
Clerk II, C. Doiron
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #GPA-269-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the minutes of the regular meeting of the General Purpose and Administration Committee
held on June 6, 2005, be approved; and
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General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the minutes of the special meeting of the General Purpose and Administration Committee
held on June 13, 2005, be approved.
CARRIED
Resolution #GPA-270-05
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Reports PSD-092-05 and PSD-095-05 be added to the agenda;
THAT Report PSD-094-05 be withdrawn from the agenda; and
THAT the order of the agenda be altered to allow for the Development Charges Public Meeting
and Report FND-007-05 and Report FND-008-05 to be considered immediately following the
presentation of Craig Binning, Hemson Consulting.
CARRIED
PRESENTATION
Craig Binning, Hemson Consulting gave a power point presentation regarding Development
Charges Study Report FND-007 -05. Mr. Binning described Development Charges and Growth-
Related Capital Costs. He then reviewed the details of the Study, including: Objectives, Services
Considered, Historic Service Levels, Growth Forecast, Growth-Related Capital Program,
Proposed Development Charges, Rate Comparisons, Policy Issues & Considerations and
implementation Timeline. Mr. Binning reported that the increase in development charges is a
result of higher construction costs, increased serviced lands, lack of government grants and
subsidies, and the change in Residential/Non-Residential distribution.
(Presentations were continued later in the meeting.)
PUBLIC MEETING
(d) Subject: Proposed Development Charges By-law
Report: FND-007-05
David Rice, Rice Development, Wilmot Creek commented regarding the impact of the
development charges study on future home owners of Wilmot Creek. He does not object to the
by-law, however he does feel that they should pay what would be fair to the community. Wilmot
Creek is an adult community where the average persons per household is 1.7. This average has
not changed in quite sometime, and given the character of the community it is not anticipated to
change in the future. As such, they are requesting that the development charges rate for any
future development at Wilmot Creek be calculated at 1.7 not 3.2.
No one spoke in support of this application.
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General Purpose and Administration Committee
Minutes
June 20, 2005
(Public Meetings were continued later in the meeting.)
FINANCE DEPARTMENT
DEVELOPMENT CHARGES STUDY AND BY-LAW 2005
Resolution #GPA-271-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report FND-007-05 be received;
THAT the Development Charges Background Study, May 2005, prepared by Hemson Consulting
Ltd. be approved;
THAT the Development Charges quantum for both Residential and Non-Residential charges be
approved as follows, effective July 1, 2005, subject to annual indexing:
Non-Residential
(per square metre)
Commercial and Institutional
Industrial
$8,377
$7,346
$5,671
$3,609
$34.94
$19.24
Residential
Single and Semi
Townhouse and Row
Large Apartment
Small Apartment
THAT Council in approving the Background Study, expresses its intent to ensure that the increase
in the need for services attributable to the anticipated development will be met and that any future
excess capacity identified in the Study will be paid for by development charges or other similar
charges;
THAT Council has reviewed the changes made to the draft By-Law and after having considered
the changes, Council determined that there is not a need for an additional public meeting;
THAT the annual report to Council on the Development Charges Reserve Fund activity includes a
status report on the building permit activity and charges collected in relationship to the projected
activity;
THAT for completed applications as determined by the Chief Building Official received on or
before June 30, 2005, where the development charges will be paid by June 30, 2005, that the
applicable development charges be calculated based on By-Law 2000-108;
THAT correspondence received from Ridge Pine Park Inc. (Attachment "A" to Report
FND-007-05) be received and that Wilmot Creek homes remain under the single family dwelling
category;
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General Purpose and Administration Committee
Minutes
June 20, 2005
THAT By-Law 2005-108 (Attachment "B" to Report FND-007-05), inclusive of any amendments
made by Council at the meeting of June 20, 2005, be approved to rescind and replace By-Law
2000-108; and
THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-
007-05 and be notified of Council's decision.
CARRIED
ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE
YEAR ENDED DECEMBER 31, 2004
Resolution #GPA-272-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report FND-008-05 be received; and
THAT a copy of Report FND-008-05 be sent to the Minister of Municipal Affairs and Housing.
CARRIED
PRESENTATIONS (continued)
Todd Brown, Monteith Brown Planning Consultants gave a power point presentation regarding the
Newcastle Recreation Facility Needs Assessment Report CSD-010-05. Mr. Brown described the
purpose of the study as follows:
· Identify potential indoor facility components for a new recreation facility in Newcastle Village;
· Identify capital and operating cost scenarios of the various facility components identified; and
· Identify the potential impact of a new recreation facility on existing recreation facilities.
The recommendations arising from the study are to construct a multi-use facility in two phases.
Phase 1 would include a twin pad arena, a gymnasium and flexible meeting rooms. Phase 2
would include an indoor pool. It is estimated that Phase 2 would be constructed in 2015, when the
population warrants the facility.
Faye Langmaid, Manager, Special Projects gave a power point presentation regarding
Bowmanville Community Improvement Plan (BCIP)Report PSD-079-05. Ms. Laingmaid gave a
brief overview of the proposed Community Improvement Plan including recommendations
regarding expansion and development of a more formal civic square, capital funding for
improvements located on municipal lands, facilitation of coordinated public and private parking
initiatives, development of guidelines for infill, intensification and related parking requirements and
ongoing liaison with the Bowmanville BBC and others. The BCIP consists of grant programs for
building fees, site plan control application fees, heritage building fa<;:ade improvements, and
building code improvements.
- 4.
General Purpose and Administration Committee
Minutes
June 20, 2005
Resolution #GPA-273-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Committee recess for five minutes.
CARRIED
The meeting reconvened at 11 :09 a.m.
DELEGATIONS
Mr. Bill Cawker, Baywood Homes, spoke regarding Report PSD-092-05. He stated that he and
his clients are in agreement with the recommendations of the report.
Mr. Ron Hooper, member of the Community Focus Group, Bowmanville Community Improvement
Plan, spoke regarding Report PSD-079-05. Mr. Hooper expressed his condolence to Evylin
Stroud's family and thanked members of staff, in particular Faye Langmaid and Janaka
Wiejusundara, for their efforts on this Plan. As a member of the Focus Group, Mr. Hooper was
here to support the Community Improvement Plan. Mr. Hooper was also here to comment on the
Development Charges By-law. He now has a greater understanding and hopes that Council will
consider the comments on the Commercial Policy Review at the next Council meeting. The Focus
Group request that: there be an increase in the grant program from $25,000 to $50,000, the gate .
entrance be implemented as soon as possible, the funding for infill and intensifications study and
the parking study be implemented immediately, and that based on the study results, implement
the outcome recommendations immediately.
Mr. Dave Turkovich, regarding Report PSD-091-05 Surplus Property on Bradshaw Street, was
called but was not present.
Mr. Neil Allen spoke on behalf of Ray Bester, Orono Athletic Association regarding Report
CSD-010-05. The members of the Association are concerned with the construction of a
new arena. The Orono Arena was negatively impacted with the opening of the South Courtice
Arena, which in turn affected their revenues. The Association is concerned that a twin pad arena
in Newcastle will further impact them, especially their icing schedule. The Association is not
opposed to the construction of a new arena, but they request that the communication lines be
open to assist them in coordinating their ice bookings.
Councillor Schell chaired this portion of the meeting.
.5.
General Purpose and Administration Committee
Minutes
June 20, 2005
PUBLIC MEETINGS (continued)
(a) Subject:
Report:
Proposed Community Improvement Plan
PSD-079-05
No one spoke in opposition to or in support of this Plan.
(b)
Subject:
Applicant:
Report:
An Application for Draft Plan of Subdivision Approval and to Amend the
Zoning By-law
Revisions to Proposed Plan of Subdivision and Related Rezoning to Permit
48 Residential Units
Home-Land Development Group Ltd.
PSD-080-05
Bob Russell, Planner gave a verbal report pertaining to Report PSD-080-05.
No one spoke in opposition to or in support of this application.
Glen Genge spoke on behalf of the applicant. He stated that they reviewed the report and have
no concerns. He will be working with staff to address concerns with lot sizes.
(c)
Subject:
Applicant:
Report:
An Application to Amend the Zoning By-law 84-63
Proposed Zoning By-law Amendment to Permit a Self Serve Car Wash with
a Dog Wash
Moolco Investments Incorporated
PSD-081-05
Carlo Pellarin, Manager, Development and Review gave a verbal report pertaining to Report
PSD-081-05.
No one spoke in opposition to or in support of this application.
Ray Abbott spoke on behalf of the applicant and stated that the noise study has been completed
and confirmed that provincial guidelines will be met. He reported that lot severances and site plan
applications have been submitted to staff.
PLANNING SERVICES DEPARTMENT
BOWMANVILLE COMMUNITY IMPROVEMENT PLAN
Resolution #GPA-274-05
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-079-05 be received;
.6.
General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the proposed Bowmanville Community Improvement Plan as shown in Report PSD-079-05
as Attachment 1 be referred back to Staff for further review and consideration of comments
received at the Public Meeting; and
THAT any interested party or delegation be advised of Council's decision.
CARRIED
REVISIONS TO PROPOSED PLAN OF SUBDIVISION AND RELATED REZONING TO PERMIT
48 RESIDENTIAL UNITS
APPLICANT: HOME-LAND DEVELOPMENT GROUP LTD.
Resolution #GPA-275-05
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report PSD-080-05 be received;
THAT the revisions to Proposed Draft Plan of Subdivision 18T-92004 and the application to
amend the Zoning By-law 84-63, as amended, submitted by Home-Land Development Group Ltd.
on behalf of Randy & Linda Norrish, Leonard & Margaret Goodmurphy, David & Joanne Payne
and Merlynn & Helen Shantz be referred back to staff for further processing and the preparation of
a subsequent report following receipt and resolution of the outstand ing agency comments; and
THAT all interested parties listed in Report PSD-080-05 and any delegation be advised of
Council's decision.
CARRIED
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE CAR WASH WITH
A DOG WASH
APPLICANT: MOOLCO INVESTMENTS INCORPORATED
Resolution #GPA-276-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-081-05 be received;
THAT the application submitted by Moolco Investments Incorporated be referred back to Staff for
further processing and the preparation of a further report following the receipt of all outstanding
agency comments; and
THAT the interested parties listed in Report PSD-081-05 and any delegations be advised of
Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 20, 2005
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: FRANK CANONACO
Resolution #GPA-277-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report PSD-082-05 be received;
THAT the request for removal of Part Lot Control with respect to Lots 1-28 inclusive, Lots 53-63
inclusive, and Lots 68-93 inclusive on Registered Plan 4OM-2225, be approved and that the Part Lot
Control By-law attached to Report PSD-082-05 be passed pursuant to Section 50 (7.1) of the
Planning Act; and
THAT all interested parties listed in Report PSD-082-05, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: SYVAN DEVELOPMENTS LIMITED
Resolution #GPA-278-05
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report PSD-083-05 be received;
THAT the request for removal of Part Lot Control with respect to Block 15, on Registered Plan 10M-
831, be approved and that the Part Lot Control By-law attached to Report PSD-083-05 be passed
pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-083-05, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: PRESTONVALE ROAD LAND CORP.
Resolution #GPA-279-05
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report PSD-084-05 be received;
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General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the application submitted by Prestonvale Road Land Corp. to remove the Holding (H)
symbol be approved and that the by-law attached to Report PSD-084-05 to remove the Holding
(H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-084-05 and any delegations be advised of
Council's decision.
CARRIED
PROPOSED PLAN OF SUBDIVISION TO PERMIT 388 RESIDENTIAL UNITS, IN THE CITY OF
OSHAWA
APPLICANT: GLASPELL C/O GLENOSHA FARMS
Resolution #GPA-280-05
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report PSD-085-05 be received;
THAT the City of Oshawa be advised that the Municipality of Clarington has no objections to the
approval of the proposed Draft Plan of Subdivision (S-0-2004-03) provided:
a) THAT the City of Oshawa confirm in writing prior to issuing Draft Approval that the City and
the applicant will assume and accept 100% of the costs of street illumination and/or
sidewalk improvements that are deemed necessary on Townline Road North as a result of
this development including all future maintenance, and
b) THAT the conditions contained in Attachment 2 to Report PSD-085-05 are incorporated in
any Draft Approval;
THAT all interested parties listed in Report PSD-085-05 and any delegations be advised of
Council's decision; and
THAT a copy of Report PSD-085-05 be forwarded to the City of Oshawa Development Services
Department and the Region of Durham Planning Department.
CARRIED
SIGN BY-LAW AMENDMENT APPLICATION
APPLICANT: FAIRHAVEN INVESTMENTS INC.
Resolution #GPA-281-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-086-05 be received;
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General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the sign by-law amendment application submitted by Fairhaven Investments Inc. on behalf
of Laberimi Holdings Inc. to permit two wall signs with a total sign area of 8.36 square metres, be
approved for a maximum of 1 year to June 27, 2006; ,
THAT the by-law attached to Report PSD-086-05 be approved; and
THAT all interested parties listed in Report PSD-086-05 and any delegations be advised of
Council's decision.
CARRIED
EA NOTICE OF STUDY COMPLETION
ADDITIONAL WATER SUPPLY CAPACITY TO SERVICE THE NEWCASTLE URBAN AREA
Resolution #GPA-282-05
Moved by Mayor Mutton, seconded by Councillor Robinson
THAT Report PSD-087-05 be received;
THAT the preferred solution, for additional water supply capacity to service the Newcastle Urban
Area be endorsed;
THAT the Regional Works Department be requested to provide at an early stage of design
development a site plan of high quality architectural and landscape design, including an alignment
for the waterfront regeneration trail to the satisfaction of the Directors of Planning Services and
Engineering Services; and
THAT a copy of Report PSD-087-05 be forwarded to the Regional Works Department.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC.
Resolution #GPA-283-05
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-088-05 be received;
THAT the request for Removal of Part Lot Control with respect to Block 95 on Plan 40M-2066 be
approved and that the Part Lot Control By-law attached to Report PSD-088-05 be passed
pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-088-05, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
- 10 -
General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the property identified as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077,
Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville, as shown on
Attachment 1 to Report PSD-091-05 be declared, as surplus, by by-law and offered for sale; and
THAT the property identified as Part 4 on Plan 40R-22242, Darlington Boulevard, Part Lot 35,
Concession 2, former Township of Darlington, as shown on Attachment 2, to Report PSD-091-05
be declared, as surplus, by by-law and offered for sale.
CARRIED
PLAN OF SUBDIVISION, REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT 327
RESIDENTIAL UNITS
OWNER: 1477677 ONTARIO LIMITED (BAYWOOD HOMES)
Resolution #GPA-287-05
Moved by Councillor MacArthur, seconded by Councillor Ping Ie
THAT Report PSD-092-05 be received;
THAT Amendment No. 45 to the Clarington Official Plan as submitted by 1477677 Ontario Limited
(Baywood Homes - Napa Valley Phase IV) to delete the Neighbourhood Commercial Symbol within
the area of Proposed Draft Plan of Subdivision as contained in Attachment 3 to Report PSD-092-05
be adopted;
THAT the application for Proposed Draft Plan of Subdivision 18T-90036, as amended and submitted
by 1477677 Ontario Limited (Baywood Homes - Napa Valley Phase IV) be approved and that the
Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as
contained in Attachment 4 to Report PSD-092-05;
THAT the application to amend Zoning By-law 84-63, be approved and that the amending by-law, as
per Attachment 5 to Report PSD-092-05 be forwarded to Council for approval;
THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time that the
applicant has entered into a subdivision agreement;
THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between
the Owner and the Municipality of Clarington and at such time as the agreement has been finalized
to the satisfaction of the Directors of Engineering Services and Planning Services;
THAT staff be authorized to settle the terms of a purchase agreement to purchase two (2) semi-
detached lots from 1477677 Ontario Limited;
THAT a copy of Report PSD-092-05 and Council's decision be forwarded to the Region of Durham
Planning Department; and
.12.
General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the Regional Municipality of Durham Planning Department, all interested parties, and any
delegations be advised of Council's decision.
CARRIED
DRAFT PLAN OF CONDOMINIUM APPLICATION
APPLICANT: PORT OF NEWCASTLE EAST LANDS LTD.
Resolution #GPA-288-05
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report PSD-093-05 be received;
THAT the Draft Plan of Condominium application, submitted by Port of Newcastle East Lands Ltd.
be approved and that the Director of Planning Services be authorized to issue Draft Approval,
subject to the conditions as contained in Attachment 3 to Report PSD-093-05;
THAT a copy of Report PSD-093-05 be forwarded to the Durham Region Planning Department;
and
THAT all interested parties listed in Report PSD-093-05 and any delegation be advised of
Council's decision.
CARRIED
SITE PLAN CONTROL BY-LAW
Resolution #GPA-289-05
Moved by Councillor MacArthur, seconded Councillor Trim
THAT Report PSD-074-05 be received;
THAT the Revised Site Plan Control By-law contained in Attachment 1 to Report PSD-D74-05 be
forwarded to Council for approval;
THAT the Minister of Municipal Affairs be requested to modify Amendment No. 33 of the
Clarington Official Plan, the Oak Ridges Moraine Conformity amendment, to make revisions to
Section 23.8, Site Plan Control as contained in Attachment 2 to Report PSD-074-05;
THAT a copy of Report PSD-074-05 and the By-law attached thereto be forwarded to the Durham
Region Works Department, Central Lake Ontario Conservation, Ganaraska Region Conservation
Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and
THAT all interested parties listed in Report PSD-074-05 and any delegation be advised of
Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
June 20, 2005
Resolution #GPA-290-05
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT the agenda be altered to consider Addendum to Report PSD-032-05 included under
Unfinished Business section of the agenda.
CARRIED
ORONO COMMUNITY IMPROVEMENT PROGRAM APPROVAL
Resolution #GPA-291-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Addendum to Report PSD-032-05 be received;
THAT the authority to accept the Minister's modifications to the Orono Community Improvement
Plan, which Council approved by By-Law 2005-009 be delegated to the Director of Planning
Services and Director of Finance, providing that the modifications are minor in nature and do not
alter the intent of the community improvement program; and
THAT all interested parties be advised of Council's decision.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: SCOTT PUSH MAN
Resolution #GPA-292-05
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-095-05 be received;
THAT the request for removal of Part Lot Control with respect to Block 143 on Registered Plan
10M-829, be approved and that the Part Lot Control By-law attached to Report PSD-095-05 be
passed pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-095-05, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
CARRIED
Councillor MacArthur chaired this portion of the meeting.
-14 -
General Purpose and Administration Committee
Minutes
June 20, 2005
ENGINEERING SERVICES DEPARTMENT
ESTABLISHING A REVISED BUILDING PERMIT POLICY FOR THE MUNICIPALITY OF
CLARINGTON
Resolution #GPA-293-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report EGD-017-05 be received; and
THAT conditional full and/or part building permits be permitted at the discretion of the Chief
Building Official for commercial/industrial projects or for multi-family residential projects only,
whereby the applicant has clearly demonstrated that unreasonable delays in construction would
occur and is willing to enter into the appropriate agreement with the Municipality of Clarington to
assume all risks arising from the issuance of a conditional permit.
CARRIED
VENTON COURT SUBDIVISION, TYRONE, PLAN 40M-2009, 'CERTIFICATE OF
ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND
OTHER RELATED WORKS
Resolution #GPA-294-05
Moved by Councillor Pingle, seconded by Councillor Foster
THAT Report EGD-018-05 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for
the Final Works, which include final stage roads and other related Works, constructed within Plan
40M-2009; and
THAT the by-law attached to Report EGD-018-05, assuming certain streets within Plan 40M-2009
as public highway be approved.
CARRIED
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MAY, 2005.
Resolution #GPA-295-05
Moved by Mayor Mutton, seconded by Councillor Foster
THAT Report EGD-020-05 be received for information.
CARRIED
- 15 -
General Purpose and Administration Committee
Minutes
June 20,2005
ACCESSIBLE PARKING - PROPOSED AMENDMENTS TO BY-LAW 91-58
Resolution #GPA-296-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report EGD-021-05 be received;
THAT the request for an "on-street" accessible parking space at 100 King Street East,
Bowmanville, fronting the MTO licensing office be approved;
THAT the "off-street" accessible parking supply be increased in the municipal parking lots per
standards proposed through the draft Zoning By-law as recommended by theClarington Planning
Department and details listed in Report EGD-021-05;
THAT the two narrow "on-street" accessible parking spaces on Temperance Street South of
Church Street be eliminated with the parking spaces fronting the Municipal Administrative Centre
being converted to metered parking and convert the loading zone to metered parking on Church
Street;
THAT reception staff at the Municipal Administrative Centre provide the notice attached to report
EGD-21-05, to courier and delivery drivers requiring them to use the Church Street loading zone
and advising them of the new accessible parking spaces during an introductory period;
THAT signs and pavement markings be applied to all new accessible parking locations;
THAT all on-street accessible parking spaces be included in the Operations Department sidewalk
snow clearing contract for removal of windrows along the length of the parking stall for full access
to the sidewalk;
THAT the by-law attached to Report EGD-021-05 be approved; and
THAT the interested parties listed within Report EGD-021-05 be provided a copy of Report
EGD-021-05 and Council's decision.
SEE FOLLOWING MOTION
Resolution #GPA-297-05
Moved by Mayor Mutton, seconded by Councillor Pingle
THAT Report EGD-021-05 be referred back to Staff for further comments respecting the parking
spaces on Temperance Street south of Church; and
- 16 .
General Purpose and Administration Committee
Minutes
June 20, 2005
THAT Staff report back to Council at the June 27, 2005 Council meeting.
CARRIED
CONFIDENTIAL,... PROPERTY MATTERS
Resolution #GPA-298-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Reports EGD-019-05 and EGD-022-05 be referred to the end of the agenda to
be considered during a "closed" session.
CARRIED
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
CLARINGTON PITCH-IN CANADA EVENTS
Resolution #GPA-299-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report OPD-007-05 be received for information.
CARRIED
CNE GARDEN SHOW
Resolution #GPA-300-05
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report OPD-012-05 be received; and
THAT the Municipality participate in the CNE 2005 Garden Show.
CARRIED
Councillor Ping Ie chaired this portion of the meeting.
- 17 -
General Purpose and Administration Committee
Minutes
June 20, 2005
EMERGENCY SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT - MAY 2005
Resolution #GPA-301-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report ESD-009-05 be received for information.
CARRIED
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
NEWCASTLE RECREATION FACILITY NEEDS ASSESSMENT
Resolution #GPA-302-05
Moved by Mayor Mutton, seconded by Councillor Trim
THAT Report CS D-O 1 0-05 be received;
THAT the Needs Assessment Study for the Newcastle Recreation Facility be endorsed in
principle;
THAT the Phase I components for the Newcastle Recreational Facility as recommended in the
Needs Assessment Study be approved;
THAT staff be authorized to proceed with the RFP for professional services for Phase I of the
Newcastle Recreation Facility;
THAT the disposition of the Newcastle Memorial Arena be referred to staff for review and report
back to Council at an appropriate time;
THAT the Newcastle Arena Board be dissolved, at such time that the new Recreational Facility is
opened for use; and
THAT the Newcastle Arena Management Board be advised.
CARRIED AS AMENDED
(SEE FOllOWING AMENDING MOTION)
- 18 .
General Purpose and Administration Committee
Minutes
June 20, 2005
Resolution #GPA-303-05
Moved by Mayor Mutton, seconded by Councillor Trim
THAT the foregoing Resolution #GPA-0302-05 be amended by deleting the word "disposition" and
replacing it with "re-purposing" in the fifth operative clause so that it reads as follows':
"THAT the re-purposing of the Newcastle Memorial Arena be referred to Staff for
review and report back to Council at an appropriate time."
CARRIED
The foregoing Resolution #GPA-302-05 was then put to a vote and CARRIED AS AMENDED.
PROPOSED ADMISSION STANDARDS FOR PUBLIC SWIMMING POOLS
Resolution #GPA-304-05
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report CSD-011-05 be received for information.
CARRIED
CLERK'S DEPARTMENT
There were no items considered under this section of the agenda.
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
CONFIDENTIAL REPORT - PERSONNEL MATTERS
Resolution #GPA-305-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Reports COD-031-05 and COD-033-05 be referred to the end of the agenda to
be considered during a "closed" session.
CARRIED
- 19 -
General Purpose and Administration Committee
Minutes
June 20, 2005
CL2005-12 SCUGOG STREET RECONSTRUCTION, BOWMANVILLE
Resolution #GPA-306-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-032-05 be received;
THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of
$1,974,620.61 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions,
and specifications of Tender CL2005-12, be awarded the contract for the Scugog Street
Reconstruction, Bowmanville, as required by the Engineering Department;
THAT the funds required in the amount of $1,030,000.00 ($1,974,620.61 tender plus
contingencies, consulting, soils and utilities, less Region of Durham Works. less Developers'
works) be drawn from Engineering 2005 Capital Project #5800-8310-05110;
THAT funds in the amount of $357,000.00 be paid for by funds from the Developer, Middle Road
Developments Inc., which have been confirmed;
THAT funds in the amount of $314,100.00 be paid for by funds from the Developer, Maplewoods
Development Corporation, which have been confirmed; and
THAT the By-law attached to Report COD-032-05 marked Schedule "A" authorizing the Mayor
and the Clerk to execute the necessary agreement be approved FORTHWITH.
CARRIED
CL2005-22 ASHPALT RESURFACING, VARIOUS STREETS
Resolution #GPA-307 -05
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report COD-034-05 be received;
THAT Harnden & King Construction Inc., Ajax, Ontario with a total bid in the amount of
$511,774.50 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and
specifications of Tender CL2005-22, be awarded the contract for the Asphalt Resurfacing, Various
Locations, as required by the Engineering Department;
THAT the total funds required in the amount of $664,000.00 plus $50,000.00 committed to
CL2005-13 Station Street Side Street Rehabilitation ($511,774.50 tender plus contingencies,
consulting and soils) and $28,000.00 for the upgrade of the Pavement Management System be
drawn from Engineering 2005 Capital Project #5800-8310-05118;
- 20-
General Purpose and Administration Committee
Minutes
June 20, 2005
THAT the remaining funds in the amount of $58,000.00 be re-allocated as an addition to the
pavement rehabilitation project tender CL2005-22, in the amount of $43,000.00 and to the
undertaking of the preliminary engineering for the finalizing of the 2006 Pavement Rehabilitation
Program in the amount of $15,000.00: and
THAT the By-law attached to Report COD-034-05 marked Schedule "A" authorizing the Mayor
and the Clerk to execute the necessary agreement be approved.
CARRIED
CL2005-15 SIDEWALK CONSTRUCTION, VARIOUS LOCATIONS
Resolution #GPA-308-05
Moved by Councillor Pingle, seconded by Councillor Trim
THAT Report COD-035-05 be received:
THAT Trisan Construction, Schomberg, Ontario with a total revised bid in the amount of
$366,644.82 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and
specifications of Tender CL2005-15, be awarded the contract for the Sidewalk Construction,
Various Locations, as required by the Engineering Department:
THAT Part C - Enniskillen Sidewalks in the amount of $27,681.27 be removed from Project
#5800-8320-05102 ;
THAT Part F - south side of Highway 2 from Trulls Road to Courtice Road in the amount of
$98,384.97 be removed from Project #5800-8320-05101: and
THAT the total funds required in the amount of $512,133.76 ($492,711.06 tender less $27,681.27
for Enniskillen sidewalks, less $98,384.97 for south side of Highway 2 plus contingencies,
consulting and utilities) be drawn from Engineering 2005 Capital Projects #5800-8320-05102
($196,072.73) and #5800-8320-05101 ($308,615.03) and the Roads Contribution Reserve Fund.
CARRIED
CL2005-10, SOPER CREEK RECREATIONAL TRAIL, BOWMANVILLE AND LION'S TRAIL
NEWCASTLE PAVING
Resolution #GPA-309-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report COD-036-05 be received:
- 21 -
General Purpose and Administration Committee
Minutes
June 20, 2005
UNFINISHED BUSINESS
CL2005-18 NEWCASTLE MEMORIAL ARENA CANTEEN RENOVATIONS
Resolution #GPA-311-05
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-028-05 be received;
THAT Kraco Carpentry Services, Bowmanville, Ontario with a total bid in the amount of
$54,000.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and
specifications of Tender CL2005-18, be awarded the contract for the Newcastle Memorial Arena
Canteen Renovations as required by the Community Services Department;
THAT the funds required in the amount of $40,100.00 be drawn from Newcastle Arena Expansion
Account #110-42-421-84200-7401 and financed from the ImpacUEscrow reserve fund approved
by Council in Report CDS-05-01;
THAT the remaining amount of $17,783.00 (including GST) pertaining to the additional
transformer and related costs be drawn from Operations Department's 2004 Capital - Newcastle
Arena Account #110-36-370-83652-7401; and
THAT the By-law attached to Report COD-028-05 marked Schedule "A" authorizing the Mayor
and the Clerk to execute the necessary agreement be approved FORTHWITH.
CARRIED
OTHER BUSINESS
There were no items considered under this section of the agenda.
Resolution #GPA-312-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting be "closed" to allow for consideration of Confidential Reports EGD-019-05
and EGD-022-05 pertaining to property matters and Confidential Reports COD-031-05 and
COD-033-05 pertaining to personnel matters.
CARRIED
The meeting resumed in "open" session at 12:36 p.m.
.23.
General Purpose and Administration Committee
Minutes
June 20, 2005
RATIFY ACTIONS
Resolution #GPA-313-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT the actions taken at the "closed" meeting be ratified.
CARRIED
ADJOURNMENT
Resolution #GPA-314-05
Moved by Councillor Pingle, seconded by Councillor Foster
THAT the meeting adjourn at 12:37 p.m.
CARRIED
MAYOR
DEPUTY CLERK
- 24-
Public
Report
Miller
Meeting
II PSn;"099-0S
Paving Limited
Cl!J!IDgron
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
-----
DEVELOPMENT APPLICATION BY:
Miller Paving Limited
AN APPLICATION TO AMEND THE OFFICIAL PLAN AND THE ZONING BY.LAW
TAKE NOTICE that the Council 01 the Corporation of the Municipality 01 Clarington will consider a proposed Official
Plan Amendment and Zoning By-law Amendment, under Sections 22 and 34 01 the Planning Act, 1990, as am~nded.
APPLICATION DETAILS
The proposed amendments submitted by Miller Paving Limited would permit an outdoor organic material composting
and wood waste processing lacility with sales of compost, soil blends, sand, gravel, soil enhancements and related
wood products.
The subject property is located on Part Lot 27, Concession 1, lormer Township of Darlington (1848 8aseline Road)
as shown on reverse.
Planning File Nos.:, COPA 2005-003 & ZBA 2005-027
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
Tuesday, September 6, 2005
7:00 p.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting andlor make written or verbal representation either in support of or in
, opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
DATE:
TIME:
PLACE:
If you cannot attend the Public Meeting on this application you can make a deputation to Council al their meeting
on Monday, September 12, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, September 7, 2005, to have your name appear in
the Agenda.
COMMENTS OR QUESTIONS?
II you wish to make a written submission or if you wish to be notifled of subsequent meetings or the approval of the
proposed Official Plan and/or Zoning By-law Amendments, you must submit a written request to the Clerk's
Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling
Heather Brooks at (905) 623-3379 extension 331 or bye-mail athbrooks@c1arington.net
APPEAL
If a person or public body that flies a notice of appeal of a decision for the proposed Official Plan andlor Zoning By-
law Amendments to the Ontario Municipal Board does not make oral submissions at a public meeting or does not
make written submissions belore the proposed Official Plan andlor Zoning By-law Amendments are approved, the
Ontario Municipal Board may dismiss all or part of the appeal.
he Municipality of Clarington this 20\h day of June, 2005
David Crome, M.C.I.P., R.P.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1 C 3AG
501
-.rE
J
Courtice Key Map
COPA 2005-003
Clarington Official Plan Amendment
ZBA 2005-027
Zoning By-law Amendment
o Lands Subject to Application
H:::~:::i::q Other Lands Owned By Applicant
Owner: Miller Paving Limited
502
C!m;mgWn
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING (REVISED DATE)
Public Meeting
Shell Canada ProductsLLmmited
Report # PSD-100-OS
DEVELOPMENT APPLICATION BY:
Shell Canada Products Limited
AN APPLICATION TO AMEND THE ZONING BY -LAW 84-63
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAILS
The proposed Zoning By-law Amendment would include a convenience store as a permitted use to be operated in
conjunction with a motor vehicle fuel bar.
The subject property is located Part Lot 29, Concession 3, Former Township of Clarke, 3454 Highway 35/115 (as
shown on reverse).
Planning File Nos.: ZBA 2005-032
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting wiil be held on:
DATE:
TIME:
PLACE:
Tuesday, September 6, 2005
7:00 p.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If y~~,,~.~q...~.~L~_\.t.~.~..d..t~~~_I'~b}LS_~. ,~,~);'P~~,Q_\.,~,L,.s.~...e.eJL.C~tio_.nn..Y .. ou c.an .m. ake.. a.... d...eP..u.tation to Council at their meeting
on &"J.9n9.ClY,~epl.~lTl.l:!er0.~2:l?"QQ9119.0J1J.rnen!i!;qp].1l!1\i~Ogi'il S~~ul;L.~~~:,~~h~,? appear before Council, you must
register With the Clerks Department by the w.!:I.<;l.n~..s.g~il1t1I?~.e.Rf!lill!:i!?glii:2:QQ9.to have your name appear In the
Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department. 2"" Fioor, 40
Temperance Street, Bowmanville, Ontario L 1C 3A6.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3'. Floor, 40 Temperance Street, Bowmanvilie, Ontario L 1 C 3A6, or by calling Bruce
Howarth at (905) 623-3379 extension 261 or bye-mail atbhowarth@ciarlngton.net.
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of
the ap
ity of Clarington this 8th
day of August, 2005
a rome, .C.I.P., R.P.P.
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3AG
503
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Owner: Shell Canada Products Limited
504
Cl!J!rogroll
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
Public Meeting
Report # PSD-IOI-OS
Phip Limited
(Mark Foley) on Behalf of
Gerrit Van Londen
DEVELOPMENT APPLICATION BY: PHIP LIMITED (MARK FOLEY) ON BEHALF OF GERRIT VAN lONDEN
AN APPLICATION TO AMEND THE ZONING BY.lAW 84.G3
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning
By-law Amendment, under Section 34 of the Planning Act, 1990, as amended.
APPLICATION DETAilS
The proposed zoning by-law amendment submitted by Phip Limited (Mark Foley) on behalf of Gernt Van Landen
would permit the rezoning of" Agricultural (Al Zone" lands to an appropriate urban residential zone in order to permit
removal of part lot contralto create 14 detached dwelling lots.
The subject property is located at 80 and 94 Bradshaw Street, Bowmanville as shown on reverse.
Planning File Nos.: ZBA 2005-0~ 3
PUBLIC MEETING
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identify issues and provide additional information relative to the proposed development. The public
meeting will be held on:
DATE:
TIME:
PLACE:
Tuesday, September G, 2005
7:00 p.m.
Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in
opposition to the proposal. The start time listed above reflects the time at which the General Purpose and
Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday September 12, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must
register with the Clerks Department by the Wednesday noon, September 7,2005, to have your name appear in
the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the
proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2"" Floor, 40
Temperance Street, Bowmanville, Ontario L1C 3AG.
Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the
Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Bob
Russell at (905) 623-3379 extension 341 or bye-mail atbrussell@municipality.c1arington.on.ca
APPEAL
If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the
Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions
before the proposed Zoning By-law Amendment is app'roved, the Ontario Municipal Board may dismiss all or part of
the appeal.
~Dat.ed t the Mun~ciPalitY,O,f Clar;ngton this
~ J~, (/;1
/ '{t r.:-. /'?;7/lw-.,-1 . y
/ ~r~ CroT{l ,M.C.I.P., . .P.
Director of lanning Services
Municipality of Clarington
22nd day of July, 2005
40 Temperance Street
Bowmanville, Ontario
L1C3AG
505
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ZBA 2005-013
ZONING BY-LAW AMENDMENT
Owner: Gerrit Van Londen
506
CI!J!ilJglOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6,2005
Report #: PSD-099-05
File #: COPA 2005-003 and ZBA 2005-027 By-law #:
Subject:
OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO
PERMIT THE DEVLEOPMENT OF AN OUTDOOR COMPOST FACILITY
APPLICANT: MILLER PAVING LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report PSD-099-05 be received;
2. THAT the applications for proposed Official Plan Amendment (COPA 2005-003) and
Zoning By-law Amendment (ZBA 2005-027) submitted by Miller Paving Limited be
referred back to staff for further processing and the preparation of a subsequent report;
and
3. THAT Durham Region, all interested parties listed in this report and any delegation be
advised of Council's decision.
Submitted by:
D v' J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
R,,;ewed by' ~~ -
. . ankhn Wu,
~ Chief Administrative Officer
HB/DJC/lb
24 August, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
601
REPORT NO.: PSD-099-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Miller Paving Limited
1.2 Applicant: Miller Paving Limited
1.3 Clarington Official Plan Amendment:
To change the designation of the lands from "General Agricultural Area"
and "Environmental Protection" to permit, as a site specific use, an
outdoor organic material composting and wood waste processing facility
with sales of compost, soil blends, sand, gravel, soil enhancements and
related wood products.
1.4 Zoning By-law Amendment:
To change the zoning on the lands from "Agricultural (A)" and
"Environmental Protection (EP) to an appropriate zone to permit the
proposed use.
1.5 Site Area: 24 ha of a 31 ha parcel
2.0 LOCATION
2.1 The subject property is located at 1848 Baseline Road just north of the St. Lawrence
and Hudson Railway and west of the unopened portion of Hancock Road, being Part
Lot 27, Concession 1 in the former Township of Darlington (see Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 Lands owned by Miller Paving are 31 ha in size and straddle the Courtice Urban Area
boundary north of Baseline Road and east of Courtice Road. The lands subject to
these applications consist of 24 ha north of the urban area (Miller North Property). The
south most portion of the lands (6.5ha), referred to as Miller South Property, are located
within the Courtice Urban Area and possess industrial designation and zoning. With the
exception of a small portion of the Miller South Property proposed to be used as an
access road from the proposed composting site to the open portion of Hancock Road,
this south property is not considered part of the subject lands of this development
proposal.
3.2 ApproXimately half of the Miller North Property have been used for agricultural crops.
The remaining lands are treed and also contain a small swamp.
3.3 Surroundinq Uses
North - Agriculture
South - Agriculture and St. Lawrence and Hudson Railway
East - Unopened portion of Hancock Road allowance, agriculture and forest
West - Tooley Creek, associated valleylands and agriculture
602
REPORT NO.: PSD-099-05
PAGE 3
4.0 APPLICATION BACKGROUND AND SUPPORTING DOCUMENTATION
4.1 On December 23, 2003, a rezoning application (ZBA 2003-055) was received from
Miller Paving proposing a leaf and yard waste composting facility. This application was
submitted after the enactment of the Greenbelt Protection Act and the applicant was
advised that the lands were subject to this Act. They were also told that until release of
the Greenbelt Plan, the statutory public meeting will not be held for this application, but
that the application would be circulated for agency comments. During the following
year, the applicant proposed a revision to the application, expanding the proposed uses
to include composting of other organic materials, processing of wood products, and
sales of compost, soil blends, sand, gravel, soil enhancements and related wood
products. These additional uses resulted in the need for applications to amend the
Regional Official Plan and the Clarington Official Plan.
4.2 On April 11, 2005 the application for amendment to the Clarington Official Plan (COPA
2005-003) was received. The application for amendment to the Durham Region Official
Plan was received by the Region on April 18, 2005. On April 4, 2005, the applicant
requested to re-fiIe the original zoning application (ZBA 2003-055). This application
(ZBA 2003-055) was closed and a new application was opened (ZBA 2005-027).
4.3 The following studies have been submitted in support of the applications:
. Planning Report prepared by Gartner Lee Limited, dated March 2005
. Environmental Impact Statement (includes Agricultural Assessment) prepared by
Gartner Lee Limited, dated March 2005
. Air Quality Assessment prepared by Church and Trought, dated June 2005
. Environmental Protection Act Provisional Certificate of Approval Report prepared
by Gartner Lee Limited, dated July 2005
4.4 The applicant has advised that the following studies have been completed and will be
submitted to Clarington for review:
. Archaeological Assessment
. Stormwater Drainage Report
. Noise Impact Study
. Baseline Groundwater Monitoring Report
. Traffic Impact Study
The Phase I Environmental Site Assessment is almost complete. When it is finished, it
will be submitted to Clarington.
5.0 PROVINCIAL POLICY STATEMENT
5.1 The PPS defines a waste management system as including a recycling facility. A
compost facility shall be considered a waste management system for determining
compliance with the PPS.
5.2 The PPS requires that waste management systems be of an appropriate size to
accommodate present and future requirements and will encourage and promote
603
REPORT NO.: PSD-099-05
PAGE 4
reduction, reuse and recycling objectives. It is also required that consideration be given
to optimizing existing facilities before building new facilities. The location and. design of
waste management systems shall be in accordance with provincial legislation and
standards (Environmental Protection Act).
6.0 OFFICIAL PLAN POLICIES
6.1 Durham Reqion Official Plan
The Durham Region Official Plan designates the lands "General Agriculture". Lands so
designated shall be used for agricultural uses. This proposal is not a use that is
permitted within this designation, hence the need for an amendment to the Regional
Official Plan. These lands are within proximity of the freeway link between Highway 401
and future Highway 407 as identified in the Durham Region Official Plan. Also, since
environmental features exist on the site and on lands adjacent to the property, an
Environmental Impact Study is required. An EIS study has been submitted and the
Region is undergoing the peer review process.
6.2 Clarinqton Official Plan
The lands are predominately designated "General Agricultural Area" and in part
"Environmental Protection". The "Environmental Protection" designation recognizes the
valleylands of the Tooley Creek. Lands designated "General Agriculture" shall be used
predominantly for agricultural uses. The proposed Highway 401-407 connecting link as
identified in the Clarington Official Plan is located close to the subject lands. The
Transportation Map 82 identifies a future grade separation to be constructed at the
intersection of Hancock and Baseline Roads to address the railway crossing. Map C
being the Natural Heritage System Map, identifies significant valleylands and woodlands
on the subject lands. The applicant has prepared an EIS which will undergo the
Region's peer review process. An amendment to the Clarington Official Plan is required
to permit the proposed use. Attachment 2 to this report contains the proposed
amendment to the Clarington Official Plan.
7.0 ZONING BY-LAW
7.1 The lands are zoned in part "Agriculture (A)" and in part "Environmental Protection
(EP)". A rezoning is required as an outdoor compost facility is not a permitted use in
either of these two zones.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 Public Notice mailed to each landowner within 120 metres of the subject site. As the
north property has frontage on an unopened road, the Public Meeting sign was installed
at the south east corner of the south property.
8.2 As of the date of writing this report, Staff have received one email containing copies of
two letters sent to the Environmental Assessment and Approvals Branch of the Ministry
604
REPORT NO.: PSD-099-05
PAGE 5
of the Environment. These letters were in response to a property owner notification
letter issued in accordance with the notification requirements of the Environmental
Protection Act. To summarize, these letters raised the following questions and
concerns:
. Why can't this facility be enclosed within a building and have an odour, control
system?
. Who will compensate adjacent businesses for lost work when employees leave
due to odours created by this use?
. Attraction of vermin and seagulls to the site will have an adverse impact on
nearby businesses.
. How will litter, garbage and compost bags blowing from the site be controlled?
. Potential contamination of wells.
. Incompatible use adjacent to prestige employment areas.
. Impact on property values.
. The lack of a definition of "select IC&I organics" (Industrial, Commercial &
Institutional). Does this mean sawdust, household kitchen waste, or
slaughterhouse offal?
. Can waste from other regions be brought to the site?
. Will daily monitoring occur to ensure all requirements and conditions of the
Certification of Approval are being satisfied.?
. Why is unfinished compost from the Pickering site proposed to be brought to this
site?
. Will a performance bond or some form of security be provided to compensate
those adjacent businesses adversely affected by the proposed development or to
remediate the site?
9.0 AGENCY COMMENTS
9.1 Comments have not been received from the following departments and agencies:
. Region of Durham Planning Department
. St. Lawrence and Hudson Railway
. Central Lake Ontario Conservation Authority
. Clarington Emergency Services
. Hydro One Networks Inc.
9.2 Clarington Engineering Services provided the following comments
. As the property fronts on the unopened portion of Hancock Road, the applicant
will be required to construct a new section of Hancock Road extending from
Baseline Road to just north of the limit of the Courtice Urban Area.
. Resolution of the future grade separation and the construction of Hancock Road
is required.
. Road widening along Hancock Road including a turning circle will be required to
be dedicated to the Municipality.
. Preparation and submission of a satisfactory grading and drainage plan detailing
on-site stormwater system and conveyance of overland flow.
605
REPORT NO.: PSD-099-05
PAGE 6
· Application for property access, construction of an entrance, including
illumination will be required at the expense of the applicant.
· Cash-in-Iieu of parkland dedication is required.
9.3 The Ministry of Transportation provided initial comments on the original zoning
application (ZBA 2003-055) which remain applicable to the revised applications. The
Ministry recognizes that reasonable access to the Miller property can only be achieved
through the construction of Hancock Road, including a realignment of Hancock Road at
Baseline Road. The Ministry notes that due to the proximity of the proposed
realignment of Hancock Road to the previously recommended Highway 401-407 link
location, there may be future issues that will need to be addressed as the project
proceeds.
9.4 Durham Region Health Department have no objections to the proposal, but note that a
sewage disposal design will be required when reviewing the site plan.
10.0 STAFF COMMENTS
10.1 The development proposed is for an outdoor organic compost and wood processing
facility designed to receive up to 4,200 tonnes/week of organic material. The waste
could come from municipal, industrial, commercial and institutional clients. It is
proposed that the facility will operate 7 days a week from 7:00am until 7:00pm with the
potential that during peak periods, typically spring, the loader and compost screening
equipment will be operational 24 hours a day. The facility will incorporate the use of leaf
and yard waste, industrial, commercial and institutional organic waste (IC&I), compost
curing and wood processing, These are briefly described below:
· Leaf and Yard Waste Compostina
This will be sourced from residential collection within Durham Region and
potentially from outside the Region. Material could also come from landscaping
companies
. Industrial. Commercial and Institutional Oraanic Material (IC&I)
Potential sources will include food and beverages not meeting quality standards.
This material enhances composting as it adds nitrogen and moisture during dry
weather conditions.
· Compost Curina
The Region's household organic waste will be processed at Miller's Pickering
facility and then it will be shipped for final curing to this site and blended with the
leaf and yard waste.
· Wood Processina
Waste wood, including pallets, will be received and sorted for reuse or recycling.
No pressure treated or painted wood will be accepted.
10.2 The site will produce retail grade compost, mulch of various sizes and colour, and
soil/compost/fibre mixes prepared for specific market requirements. This material will
be sold in bulk for landscaping and agricultural use. Direct retail sales from the site may
be considered in the future, It is intended that the compost produced will meet the
Ministry of Environment's criteria for "Category A Compost", Miller Paving will
606
REPORT NO.: PSD-099-05
PAGE 7
undertake a sampling and monitoring program and any compost that does not meet
MOE criteria will be kept on site for restricted use or will be disposed of in appropriate
disposal sites.
10.3 The concept plan for the site includes a 30,000 m2 active compost pad, a 12,000 m2
screening, curing and storage area, a 4,000 m2 area for receiving and grinding, a 6,000
m2 area for wood recycling, a 2,400 m2 shelter, a 600 m2 maintenance shed, a parking
area and two stormwater ponds.
10.4 All comments submitted, including those from the public have been .forwarded to the
applicant for review and consideration.
10.5 The proposal identifies a 5 metre buffer zone around the north woodlot. This is the
minimum setback requirement from lands designated "EP", however the size of the
buffer is subject to verification through an environmental impact study. The EIS has
been submitted and will undergo the Region's peer review process.
10.6 The applicant is opposed to constructing Hancock Road as they can gain access to the
site through the Miller South Property. The applicant has stated that at such time as the
Miller South Property is ready to develop, then they will consider constructing Hancock
Road to a point just north of the Miller South Property to provide direct access to the
composting site. This is contrary to Clarington's requirement that the road be
constructed to a point just north of the limit of the Courtice Urban Area in order to
provide the site with direct access to an open and maintained road.
10.7 The Clarington Official Plan identifies a future grade separation to be built at Hancock
Road, Baseline Road and the railway crossing. There are currently no plans to
construct this grade separation in Clarington's 5 or 10 year capital works program. A
traffic impact study has been prepared and summarized in the report prepared for the
certificate of approval. The applicant has been advised that Clarington is awaiting
receipt of this report for review and consideration. Upon submission of this study it will
be determined if there is a need for upgrades to Baseline Road to address turning
movements at Hancock Road and queuing at the railway crossing.
10.8 With the exception of the Miller South Property which is designated "General Industrial"
and the Tooley Creek valleylands that are designated "Environmental Protection", the
remainder of the lands within the Courtice Urban Area near this property are designated
"Light Industrial". There are no lands in close proximity to this site that are designated
"Prestige Employment". The lands adjacent to the site that are beyond the Courtice
Urban Area are designated "General Agricultural Area".
10.9 An important key to sustainability is supporting and participating in the "3Rs" - reduce,
recycle and reuse and there are many provincial, regional and local policies and
initiatives that support the "3Rs", An active composting program not only reduces,
reuses and recycles waste, but it effectively decreases the amount of waste going to
landfills, hence extending the "life" of landfills. However, considering the merits of a
compost facility that supports the "3Rs" must be balanced with consideration of: need
607
REPORT NO.: PSD-099-05
PAGE 8
for a new facility, costs of operating such a facility (i.e. transportation costs are
manageable), an ecologically sound site, and compatibility with surrounding land uses.
10.10 The site is near the previously technically-preferred route for the Durham East Link
connecting Highway 401 and future Highway 407. As such this will be a prime area for
industrial uses both those already designated and in the future when urban boundaries
expand. The pres~nce of an outdoor composting facility will impact the potential use of
nearby lands. It will need careful consideration in light of Clarington's economic
development objectives.
11.0 CONCLUSIONS
11.1 The purpose of this report is to satisfy the requirements for the Public Meeting under the
Planning Act, and taking into consideration the outstanding comments and issues, staff
respectfully request that this report be referred back for further processing and the
preparation of a subsequent report.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Official Plan Amendment
List of interested parties to be informed of council's decision:
Tom Jones
Catherine Dowling
Bill Patterson
Fred Biesenthal
Ibi Igracki
Marlene Waters
608
ATTACHMENT 1
to eport PS -099-0
J
Courtice Key Map
ROPA 2005-005
Durham Region Official Plan Amendment
COPA 2005-003
Clarington Official Plan Amendment
ZBA 2005-027
Zoning By-law Amendment
17"71 Lands Subject to Application
~ Miller North Property
,......................1 Other Lands Owned By Applicant
:-:.:.:.:.:-:.:.:-:.:. Miller South Property
Owner: Miller Paving Limited
.>>It> ",-'"'.
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........~ <0,
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609
ATTACHMENT 2
to Report PSD-099-05
Application for Amendment to CIarington Official Plan
Purpose:
The purpose of this site specific Amendment to the Clarington Official Plan is to permit the establishment
of an organic material composting and wood waste processing facility in an agricultural area.
Basis:
As a result of supporting environmental impact analysis submitted by Miller Paving Limited it was
determined that the proposed development will not have an adverse impact on the environment and would
result in a minor impact to the agricultural lands of the municipality ofClarington. The proposal supports
waste diversion activity.
Context: Addition to Section 23.14 Exceptions
Actual Text Amendment
Not withstanding Section 13.3.3, an outdoor Organic Material Compo sting and Wood Waste Processing
Facility with sales of compost, soil blends, sand, gravel, soil enhancements and related wood products
shall be permitted on lands designated as "Agriculture" in Parts 1,2 and Part lot 3 of Plan IOR-190l. The
land subject of this amendment is a 24.3ha parcel known municipally as 1848 Baseline Road, Assessment
No. 18-17-010-050-04325-0000, former township of Darlington, Town of Clarington.
A maintenance building, scale house, weigh scales, fuel storage tanks, fabric shelter and site office trailer
shall be permitted as ancillary uses to the composting and wood waste processing operations and shall not
be operated independently from these uses. Organic waste materials, wood waste and soils may be
received at the site and processes may include sorting, grinding, composting operations and preparation of
product for sale. The outdoor storage of organic materials and wood waste, processed compost and wood
materials, and products of the processing operations shall be permitted on the site in a manner satisfactory
to the Town of C1arington. Appropriate buffer areas, satisfactory to the Town of Clarington will be
maintained between the site operations and the on site woodlot as well as between the site operations and
Hancock Road.
Implementation:
Provisions set fOrtll in the Clarington Official Plan as amended, regarding implementation of the plan
shall apply in regard to this amendment.
Interpretation:
Provisions set forth in the Clarington Official Plan as anlended, regarding interpretation of the plan shall
apply in regard to this amendment.
610
Cl!![i!lgton
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #: PSD-100-05
File #: ZBA 2005-032
By-law #:
Subject:
REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A
MOTOR VEHICLES SERVICE STATION
APPLICANT: SHELL CANADA PRODUCTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-100-05 be received;
2. THAT provided there are no significant issues raised at the public meeting, the rezoning
application submitted on behalf of Shell Canada Products be APPROVED and that the
attached zoning by-law amendment be adopted by Council.
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davi :.I. Crome, M.C.I.P., R.P.P.
Director of Planning Services
R,,;ewed by' tZtG -
1</ Franklin Wu,
/u - Chief Administrative Officer
BH/CPIDJC/df
26 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
611
REPORT NO.: PSD-100-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Shell Canada Products Limited
1.2 Agent: Robert Dragicevic, Walker Nott Dragicevic
1.3 Rezoning: from "Service Station Commercial Exception (C6-4)" to "Service Station
Commercial Exception (C6-11)" to include a convenience store as a
permitted use.
1.4 Location: 3454 Highway 35/115, being Part of Lot 29, Concession 3, former
Township of Clarke.
2.0 BACKGROUND
2.1 On July 25, 2005, Shell Canada Submitted a rezoning and site plan application to
permit a convenience store to be operated in conjunction with the motor vehicle fuel bar.
2.2 The site is currently operating as a Beaver Full Serve Gas Bar. An abandoned
restaurant is located on the property. The Service Station Commercial Exception (C6-
4) Zone only permits an eating establishment that is accessory to a service station or
fuel bar.
2.3 The applicant proposes the redevelopment of all existing facilities and their replacement
with a new gas bar and canopy, convenience retail/pay-point building and enhanced
landscaping.
2.4 The property is serviced by a private well, and a private septic system.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on the Highway 35/115 Frontage.
3.2 As of the writing of this report, no comments have been received with respect to the
application.
4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS
4.1 The lands are currently occupied by a Beaver gas bar with four fuelling positions and a
pay kiosk. An abandoned 1 storey donut shop is located at the south end of the
property.
612
REPORT NO.: PSD-100-05
PAGE 3
4.2
Surrounding Uses:
West -
North -
East -
South -
Ag ricu Itu ral
Agricultural
Highway 35/115
Eating Establishment
5.0 AGENCY COMMENTS
5.1 In consideration of the nature of the application to allow a convenience store as an
accessory use to an existing gas station, the application was circulated to a limited
number of agencies.
5.2 As of the writing of this report, no comments have been received from Hydro One
Network. It is assumed that there are no objections to the approval of the subject
application.
5.3 Clarington Engineering, Clarington Emergency Services, Regional Planning, Ganaraska
Region Conservation, Regional Health Department, and the Ministry of Transportation
all advised verbally or in writing they had no obiection to the proposed zoning
amendment.
6.0 OFFICIAL PLAN CONFORMITY
6.1 The Durham Region Official Plan designates the subject property is designated
Permanent Agricultural Reserve. This designation is to preserve the agricultural land
base; this proposal will not further intrude on the Agricultural Reserve and therefore is
consistent with its intent.
6.2 The subject property is designated as Prime Agricultural Area under the Clarington
Official Plan. These areas are to be preserved for high quality agricultural lands for
farming. The modernization of the existing fuel bar will not further fragment or damage
any agricultural lands and is therefore consistent with its intent.
7.0 ZONING BY-LAW CONFORMITY
7.1 The property is zoned "Service Station Commercial Exception (C6-4)" which does not
permit a convenience store, hence the subject application.
8.0 STAFF COMMENTS
8.1 The subject site is zoned C6-4, Service Station Commercial Exception under Zoning By-
law 84-63 of the Former Town of Newcastle. Permitted uses within the zone include a
motor vehicle fuel bar, a motor vehicle service station and the retail sale of
613
REPORT NO.: PSD-100-05
PAGE 4
confectionary items, sundry foods and promotional items as an accessory use. The site
specific exception permits an eating establishment accessory to a permitted use.
8.2 The original Beaver service station included a kiosk, which sold automotive goods (such
as windshield fluid and oil), as well as confectionary items and cigarettes. The
restaurant (a former coffee shop) has been abandoned.
8.3 Shell proposes to completely remove the existing facilities and replace them with a new
gas bar and an associated retail building. The retail building will include the pay area
for the gas bar, a retail sales area, public washrooms, and office space. The new retail
building will have a gross floor area of approximately 60m2. This building, at
approximately 60m2 will be significantly smaller than most redeveloped Shell stations
(usually 150m2 to 185m2).
8.4 Prior to approval of any building permits Shell Canada Products Limited is required to
enter into a site plan agreement with the Municipality of Clarington that will deal with
among other issues site clean up, grading, landscaping and urban design issues.
8.5 The Finance Department advises that taxes have been paid in full.
9.0 RECOMMENDATIONS
9.1 Based on the comments in this report, it is respectfully recommended that the rezoning
application be APPROVED as contained in Attachment No.2.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Amendment
List of interested parties to be advised of Council's decision:
Joe Cavello, Shell Canada Products Limited
Robert Dragicevic, Walker Nott Dragicevic Associates Limited
614
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ZBA 2005-032
Zoning By-law Amendment
Owner: Shell Canada Products Limited
615
ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA 2005-032;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By adding a new Section 21.4.11 respecting lands zoned C6-11, as follows:
"21.4.11 SERVICE STATION COMMERCIAL EXCEPTION (C6-11) ZONE
Notwithstanding Section 21.1, those lands zoned C6-11 on the Schedules to this By-law
in addition to the other uses permitted in the (C6) zone, be used for a convenience store
and an eating establishment accessory to a permitted use."
2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing the
zone designation from: "Service Station Commercial Exception (C6-4) Zone", to
"Service Station Commercial Exception (C6-11) Zone" as illustrated on the attached
Schedule "A" hereto.
3. Attachment "1" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
616
This is Schedule "A" to By-law 2005-
passed this day of ,2005 A.D.
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Petti L Barrie, Municipal Clerk
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Clw:mgfOn
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #:
PSD-101-05
File #: ZBA 2005-013 & ZBA 2005-022
By-law #:
Subject:
ZONING BY-LAW AMENDMENT AND REMOVAL OF PART LOT CONTROL TO
PERMIT THE CONSTRUCTION OF FOURTEEN DWELLINGS
APPLICANT: PHIP LIMITED (THE FOLEY GROUP)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT report PSD-101-05 be received;
2. THAT provided there are no significant issues raised at the public meeting, the rezoning application
submitted by Phip Limited be APPROVED and that the attached Zoning By-law Amendment be
adopted by Council;
3. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that all the
conditions related to development of these lands as contained in Attachment 4 have been fulfilled;
4. THAT the Mayor and Clerk be authorized by By-law to execute an agreement with the applicant for
this development;
5. THAT the request for the Removal of Part Lot Control with respect to Lots 23 and 24, in Block "A",
and Lots 26, 28, 30, 32, 34, 36, 38 and 40 inclusive, in Biock "B". all in Plan H50077 (the "Porter
and Bradshaw Plan") be APPROVED and that the Part Lot Control By-law contained in Attachment
5 be passed pursuant to Section 50 (7.1) of the Planning Act; and
6. THAT all interested parties listed in Report PSD-101-05, any delegations, and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
Reviewed by:
o~ ~Q.. ~.
Franklin Wu,
Chief Administrative Officer
D v J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
BRlCPIDJCllb
31 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
618
REPORT NO.: PSD-101-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner: Gerrit Van Landen
1.2 Applicant/Agent: Phip Limited (Mark Foley)
1.3 Rezoning: From "Agricultural (A) Zone" to "Holding - Urban Residential Type Two
((H)R2) Zone", from "Agricultural (A) Zone" to permit the creation of 14
single detached dwelling lots.
1.4 Area: 0.906 hectare (2.239 acres)
1.5 Location: The area subject to the rezoning and the removal of part lot control is
located on several properties on the west side of (including 80 & 94)
Bradshaw Street, being Part of Lot 9, Concession 2, former Town of
Bowmanville.
2.0 BACKGROUND
2.1 On May 3, 2005, the Planning Services Department received an application from Phip
Limited (Mark Foley) to rezone the above area to permit the development of 14 single
detached lots.
2.2 On May 18, 2005, the Planning Services Department received a request from Phip Limited
(Mark Foley) for the removal of Part Lot Control (ZBA 2005-022) with respect to Lots 26,
28, 30, 32, 34, 36, 38, 40 in Block "B" in Plan H50077 (Attachment 1 )(the "Porter and
Bradshaw Plan"). The Porter and Bradshaw Plan was originally registered in the Durham
County Registry Office on October 3, 1856. Registration of this Plan of Subdivision was
certified by the Land Registrar in the (Whitby) Land Registry Office on January 18, 1994.
2.3 At the south limits of the Van Landen property, on the west side of Bradshaw Street, the
Municipality of Clarington owns the unopened Winnstanley Street road allowance as well
as a 3.92 metre wide parcel of land abutting to the south of the road allowance. The
applicant requested that these lands be included in the rezoning application as they would
complete the development pattern on the west side of Bradshaw Street. Staff concurred
with this request and the public notice for this meeting included these lands.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands, consist of three parcels owned by Mr. Van Londen, the unopened road
allowance and a Town-owned strip of land. Two of the Van Landen parcels have existing
detached dwellings 80 Bradshaw, which is to be retained, and 94 Bradshaw, which is to be
demolished. The balance of the lands are vacant.
3.2 The surrounding land uses (north, south, east and west) are all Urban Residential _ Low
Density.
619
REPORT NO.: PSD-101-05
PAGE 3
4.0 PUBLIC NOTICE AND SUBMISSIONS
4.1 Public notice was given by mail to each landowner within 120 metres of the subject
properties and two public notice signs were installed, one on the north end and one on the
south end, of the properties' Bradshaw frontage.
4.2 As a result of the public notification process, to date, the Planning Services Department
has received two telephone inquiries from nearby residents. One resident questioned if
the rezoning and eventual lotting of the subject lands on the west side of Bradshaw would
trigger the opening of Bradshaw Street at its north end so as to intersect with Apple
Blossom Boulevard. The rezoning will not trigger the street opening onto Apple Blossom
and no such change is proposed. The other resident was interested in purchasing one of
the proposed lots for his daughter and was referred to the developer.
5.0 OFFICIAL PLAN CONFORMITY
5.1 Within the Durham Regionai Official Plan, the subject property is designated as Living
Area and the application conforms.
5.2 Within the Clarington Official Plan, the subject property is designated as Urban Residential
(Low Density) and the application conforms.
6.0 ZONING BY-LAW COMPLIANCE
6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, all of the
subject lands are zoned "Agricultural (A)" except the 3.92 metre wide strip of land at the
south end that now belongs to Clarington but previously belonged to the developer to the
south, Schickedanz. The proposed lotting pattern permitting the construction of fourteen
detached dwellings does not comply with "Agricultural (A)" zoning, hence, this rezoning
application.
6.2 The 3.92 metre wide strip of land, similar to property to the south, is zoned "Urban
Residential Exception (R2-22)". This exception zone allows a single detached dwelling
subject to two outdoor parking spaces being provided per dwelling.
7.0 AGENCY COMMENTS
7.1 The rezoning application was circulated to various agencies and other departments by the
Planning Services Department. Rogers Cable, the separate school board and Clarington
Emergency and Fire Services had no objections. Other comments received to date are as
follows.
7.2 Central Lake Ontario Conservation offered no objections to the application's approval.
However, the applicant was to be informed that the site is subject to Ontario Regulation
620
REPORT NO.: PSD-101-05
PAGE 4
145/90, and that prior to filling and/or grading on-site, written permission from the Authority
is required.
7.3 Veridian Connections provided no objection to the application for rezoning. However,
they provided a number of conditions of approval associated with the development of
the lots.
7.4 Clarington Engineering Services also had no objection to the rezoning but provided a
number of conditions for the development of the lots. These conditions must be fulfilled
prior to the removal of holding being approved. The conditions deal with road widening
requirements, grading and drainage, financial matters and other typical conditions of
draft approval.
7.5 Comments remain outstanding from the public school board and the Regional Planning
Department.
8.0 STAFF COMMENTS
8.1 The application is proposing to develop the subject lands at the north end of Bradshaw
Street for 14 single detached dwellings. The entire Bradshaw Street was designed, and
reconstructed with full municipal services in about 1992 at the time of development of
the south end of Bradshaw Street through registered plan of subdivision 40M-1676.
The servicing for the street was based on a future lotting pattern of 12.0 m singles, with
a few smaller lots to accommodate frontage shortfalls and a few larger lots to
accommodate existing dwellings and accessory buildings. The proposed rezoning from
Agricultural (A) to a residential zone to allow the creation of 14 lots is consistent with the
service connections constructed for Bradshaw Street. In addition to the Van Londen
property, the rezoning application applies to the unopened Winnstanley Street road
allowance and the adjoining 3.92 m parcel of land also owned by the Municipality of
Clarington to the south of the road allowance.
8.2 At a meeting in June of this year, Council considered a confidential report dealing with
closing and conveyance of a portion of the unopened Winnstanley Street road
allowance, and declaring the same surplus. At the same meeting, a report declaring the
adjoining 3.92 m wide parcel to the south as surplus, was also considered and
approved. The above resolutions along with the proposed rezoning of the lands will
allow the eventual development of the lands together with the adjoining property for two
residential lots.
8.3 The majority of the lots proposed will have a minimum 12.0 m wide frontage consistent
with the servicing plan and many of the existing lots on Bradshaw Street. The exception to
this will be the existing house at 80 Bradshaw Street. It will retain a frontage of 21.0 m and
the zoning will allow the future redevelopment of the property with the creation of two 10.5
m wide iots for single detached dwellings. The other exception will be the most southerly
portion of the municipally owned road allowance and the surplus parcel to the south which
together only accommodates a 10.5 m wide lot.
621
REPORT NO.: PSD-101-05
PAGE 5
8.4 The subject lands are within an existing Plan of Subdivision, the Planning Act allows the
division of lots and blocks within a Plan of Subdivision through the use of Part Lot Control.
In order to ensure the applicant's obligations with respect to this development have been
satisfied, the rezoning will maintain a Holding (H) symbol consistent with the policies of
Section 23.4.3 of the Clarington Official Plan until such time all conditions of appn:lVal, as
typically contained in draft approved plans of subdivision have been complied with.
8.5 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 3) to exempt the subject lands from Section
50 (5) of the Planning Act.
8.6 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and
Number Summary Table" (Attachment 6) along with a copy of the Part Lot Control By-law.
8.7 Staff recommends that the by-law be in force for a three (3) year period following Council
approval, ending September 12, 2008.
8.8 The Finance Department advises that the taxes for all three properties have been, paid in
full.
9.0 RECOMMENDATIONS
9.1 Based on the comments in this report, provided that no objections are received at the
public meeting, it is respectfully recommended that the rezoning application be approved.
9.2 It is recommended that Council approve this Removal of Part Lot Control Application and
adopt the attached Part Lot Control By-law for Lots 23 and 24, in Block "A", and Lots 26,
28,30,32,34,36,38,40 in Block "B", all in Plan H50077.
Attachments:
Attachment 1
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Site Location Key Map and Property Plan
Zoning By-law Amendment
Conditions for the Removal of the Holding (H) Symbol
Authorization for Agreement
By-law for Removal of Part Lot Control
Unit Type and Number Summary Table
List of interested parties to be notified of Council's decision:
Gerrit Van Londen
Mark Foley, Phip Limited
622
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Attachment 1
to Report PSD-10 -05
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ZBA 2005-013
Zoning By-Law Amendment
ZBA 2005-022
Lands Affected By
Part Lot Control Removal
Owner: Gerrit Van Londen
and Municipality of Clarington
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623
ATTACHMENT 2
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
to Report PSD-10l-05
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the fomner Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to
implement application ZBA 2005-013;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from "Agricultural (A) Zone" to "Holding - Urban Residentiai Type Two
((H)R2) Zone", from "Agricu~ural (A) Zone" to "Holding - Urban Residential Exception
((H)R2-17) Zone" and from "Urban Residential Exception (R2-22) Zone" to "Holding -
Urban Residential Exception ((H)R2-17) Zone", as illustrated on the attached Schedule
"A" hereto.
2. Schedule "A" attached hereto shall form part of this By-law.
3. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
624
This is Schedule "A" to By-law 2005-
passed this day of ,2005 A.D.
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Zoning Change From "A" To "(H)R2"
Zoning Change From "A" To "(H)R2-17"
Zoning Change From "R2-22"
To "(H)R2-17"
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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ATTACHMENT 3
to Report PSD-10l-OS
CONDITIONS FOR THE REMOVAL OF THE HOLDING (H) SYMBOL
Prior to forwarding a by-law to Council to remove the Holding or H symbol the following
conditions must be fulfilled by the owner/applicant:
1) provide two copies of the registered reference plan, after a draft of said plan has been
approved regarding Clarington concerns;
2) a 4.00 metre road widening on the Bradshaw Street frontage is to be dedicated to the
Municipality free and clear of any encumbrances and in a form satisfactory to the
Municipality's Solicitor;
3) as a condition of the below-mentioned development agreement, front end payments are
to be made to the Municipality for the amounts stated in the front end agreement
entered into between the Municipality, and Ashdale Capital Corporation Inc. .and 621182
Ontario Ltd.;
4) a Lot Grading Plan, signed, sealed and dated by a Professional Engineer, is to be
provided to the Engineering Services Department and is to be satisfactory to the
Director of said department;
5) a Grading and Drainage Deposit in the amount of $11,000.00 is to be made and this
deposit will be refunded to the owner/applicant when all grading and drainage work is
completed to the satisfaction of the Director of Engineering Services;
6) enter into a development agreement with the Municipality of Clarington which includes
all requirements of the Engineering Services Department regarding the engineering and
construction of all internal and external works and services related to this proposal, and
pay to the Municipality of Clarington, all legal costs and fees associated with the
preparation of the agreement;
7) pay to the Municipality of Clarington, the required fee for registration of the above-
mentioned development agreement, as amended from time to time, and currently
$300.75;
8) pay to the Municipality of Clarington, the required fee for registration of the above-
mentioned standard land transfer, as amended from time to time, and currently $279.35;
9) a performance guarantee estimate for any external works deemed necessary by the
Director of Engineering Services to facilitate this development. The required estimate
shall include the works listed below which form a connection to the development. The
owner/applicant's engineer is responsible for providing this estimate:
1. Entrance Construction,
2. Street Trees (11, planted trees must conform to Municipal standards), and
3. Storm Sewer Servicing;
626
10) a Road Damage Deposit in the amount of $5,500.00 is to be made and this deposit will
be refunded to the owner/applicant when all construction has been completed and all
road restoration has been completed. Any final decision to release the Road Damage
Deposit to the owner/applicant shall be made solely at the discretion of the Director of
Engineering Services;
11) an appropriate cash contribution in lieu of the normal parkland dedication is to be made;
12) meet all the requirements of the Municipality of Clarington, financial or otherwise;
13) pay to the Municipality of Clarington the appropriate lot development charge, as
amended from time to time, for each of the new lots created, at the time of building
permit issuance; .
14) ensure the proposed lots are given appropriate municipal street address numbers and
the applicant is responsible for the cost of any municipal address numbering which may
be necessary as a result of these applications;
15) ensure that any new lots created through removal of part lot control comply with
applicable provisions of Zoning By-law 84-63; and
16) satisfy the Durham Regional Works Department, financially and/or otherwise.
627
ATTACHMENT 4
to Report PSD-10l-05
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to authorize entering into an agreement with the Owners of lands subject
to Part Lot Control application ZBA 2005-022 and any Mortgagee who has an interest in
the said Lands, and the Corporation of the Municipality of Clarington in respect of Part
Lot Control application ZBA 2005-022
WHEREAS, Council on September 13, 2005 approved a Part Lot Control Application located in
Part Lot 9, Concession 2, former Town of Bowmanville and authorized the execution of a
development agreement with the Owner;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal, an
agreement between the Owners of the lands subject to Part Lot Control ZBA 2005-022;
2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Corporation
of the Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finaily passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
628
ATTACHMENT 5
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
to Report PSD-10l-05
being a By-law to exempt a certain portion of Registered Plan H50077 from Part Lot
Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 23 and 24, in Block "A", and Lots, 26, 28, 30, 32, 34, 36,
38 and 40 inclusive, in Block "B", all in Plan H50077, registered at the Land Titles Division of
Whitby;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows;
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in paragraph 2 within the By-law;
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) Lots 23 and 24, in Block "A", and Lots 26, 28, 30, 32, 36, 38 and 40 inclusive, in
Block "B", all in Plan H50077.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of three (3) years ending on September 12, 2008.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Multon, Mayor
Patti L. Barrie, Municipal Clerk
629
ATTACHMENT 6
to Report PSD-10l-OS
PART-LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: H50077
By-law:
Lot 23, Block "A" No Units No increase in units
Lot 24, Block "A" Single - 1 No increase in units
Lot 26, Block "B" Single - 1 An increase of Single - 1
Lot 28, Block "B" Single - 1 No increase in units
Lot 30, Block "B" Single - 1 An increase of Single - 1
Lot 32, Block "B" Single - 1 An increase of Single - 1
Lot 34, Block "B" Single - 1 No increase in units
Lot 36, Block "B" Single - 1 An increase of Single - 1
Lot 38, Block "B" Single - 1 An increase of Single - 1
Lot 40, Block "B" Single - 1 No increase in units
TOTAL Units - 9 A increase of 5 units
630
CI!Jlmgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #:
PSD-102-05
File #: 18T-89070
By-law #:
Subject:
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVSION 18T-89070
TO PERMIT THE DEVELOPMENT OF 84 RESIDENTIAL UNITS
APPLICANT: 2044356 ONTARIO LIMITED (PALAKA)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-1 02-05 be received;
2. THAT proposed revisions to Draft Approved Plan of Subdivision 18T-89070 be approved
FORTHWITH subject to the conditions contained in Attachment 2;
3. THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington at such time as the agreement has been
finalized to the satisfaction of the Directors of Engineering and Planning Services and that the
proposed By-law contained in Attachment 3 to this Report be passed;
4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department; and,
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
nklin Wu,
Chief Administrative Officer
aVI J. Crome, M.C.I.P., RP.P.
Director of Planning Services
l'
TW*CP*DJC*sh*df
30 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
631
REPORT NO.: PSD.102-05
PAGE 2
1.0
1.1
1.2
APPLICATION
Owner:
Agent:
2044356 Ontario Ltd.
Tunney Planning Inc.
1.3
Amendment to Draft Approved Plan of Subdivision:
From: 18 lots for 36 semi-detached units, 1 block for 42 townhouse units,
8 blocks for future residential development in conjunction with adjacent
lands, 1 block for a road widening and various 0.3m reserve blocks.
To: 18 lots for 36 semi-detached units, 1 block for 48 townhouse units,1
block for a road widening and various 0.3m reserve blocks.
1.4 Site Area:
From: 3.128 ha
To: 2.910 ha
2.0 LOCATION
2.1 The subject lands are located on the west side of Liberty Street North, south of
Concession Road 3 and north of Longworth Avenue. The lands are further described
as Part of Lot 11, Concession 2 in the former Town of Bowmanville (Attachment 1).
3.0 BACKGROUND
3.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T -89070 on July
11, 1997. On August 8, 2005 Staff received an application to amend Draft Approved
Plan of Subdivision 18T-89070. The application for amendment to draft approval
reflects Land Division Applications LD109/2005 and LD110/2005 which were approved
to facilitate a boundary realignment between the subject property and the property to
the north which contains Draft Approved Plan of Subdivision 18T-87021 being
developed by Intracorp, known as Liberty Crossing. Draft Approved Plan of Subdivision
18T-87021 was amended on June 20, 2005 to recognize the boundary realignment.
3.2 Application LD109/2005 resulted in the conveyance of a medium density block for 6
townhouse units from the Intracorp lands (18T-87021) which was melded with the
subject property (18T-89070). The conditions of draft approval required the two blocks
to be developed as one.
3.3 Application LD110/2005 conveyed a 0.391 ha parcel from the subject property (18T-
89070) which was melded with the Intracorp lands for the completion of eleven lots for
single detached lots. This land was originally approved as eight blocks intended to be
developed in conjunction with the lands contained in 18T-87021 for eleven single
detached lots.
632
REPORT NO.: PSD-102..Q5
PAGE 3
3.4 The proposed amendment to draft approval recognizes the boundary change between
the two abutting draft plans of subdivision, but does not change the proposed number of
lots or development pattern in any way. In consideration of this and the time constraints
for servicing the lands together with 18T-87021, (the Municipality has already entered
into a subdivision agreement for 18T-87021), it is recommended that amendment to
Draft Approval proceeds immediately. Public Notice was not required in accordance
with section 51 (47) of the Planning Act due to the minor nature of the request.
4.0 RECOMMENDATIONS
4.1 Prior to the approval of the amendment to Draft Approved Plan of Subdivision 18T-
89070, the conditions of draft approval were revised and forwarded to the applicant for
their review and concurrence. The purpose of this exercise is to determine if there are
any conditions of draft approval that the applicant does not agree with and require
further discussion. The applicant has provided concurrence with the attached
Conditions of Draft Approval.
4.2 In consideration of the comments above, staff recommends approval of the amendment
to Draft Approved Plan of Subdivision 18T-89070, on Attachment 1 forthwith, subject to
the conditions contained in Attachment 2.
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan
Attachment 2 - Conditions of Draft Approval
Attachment 3 - By-law authorizing execution of the Subdivision Agreement
633
ATTACHMENT 1
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SUBDIVISION PLAN AMENDMENT
Owner: 2044356 Ontario Ltd.
634
ATTACHMENT 2
CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T -89070
Part Lot 11, Concession 2, Former Town of Bowmanville
1. The revised Conditions of Draft Approval for Plan of Subdivision 18T-89070 last
approved July 11, 1997, being numbers 1 to 26, shall be deleted in their entirety and
replaced with the following conditions.
PLAN IDENTIFICATION
2. The Owner shall have the final plan prepared on the basis of approved draft Plan of
Subdivision 18T-89070 prepared by Tunney Planning Inc. identified as project number
TUN 532-3, dated August 2005, which illustrates 18 lots for 36 semi-detached units, one
block for 48 townhouse units, one block for a road widening and various 0.3 m reserve
blocks.
FINAL PLAN REQUIREMENTS
3. The Owner shall dedicate the road allowances included in this draft plan as public
highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the satisfaction of
the Regional Municipality of Durham and the Municipality of Clarington.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
5. The Owner shall submit plans showing the proposed phasing to the Region and the
Municipality of Clarington for review and approval if the subdivision is to be developed
by more than one registration.
6. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area
municipal approval of the zoning for the land uses shown on the approved draft plan in
accordance with the provisions of the Planning Act.
7. That the Owner shall retain a qualified landscape architect to prepare and submit a
Landscaping Plan to the Director of Engineering Services and the Director of Planning
Services for review and approval. The Landscaping Plan shall reflect the design criteria
of the Municipality as amended from time to time.
8. Prior to entering into a subdivision agreement, the Regional Municipality of Durham
shall be satisfied that adequate water pollution control plant and water supply plant
capacities are available to the proposed subdivision.
635
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
9. That the Owner shall enter into a Subdivision Agreement with the Municipality and
agree to abide by all terms and conditions of the Municipality's standard subdivision
agreement, including, but not limited to, the requirements that follow.
10. The Owner shall convey a 2.134 metre road widening as identified as Block 23 on the
draft plan to the Region of Durham for the purpose of widening Regional Road No. 14
(Liberty Street).
11. The Owner shall convey a 0.3 metre reserve across the entire frontage of the draft plan
along Regional Road No. 14 (Liberty Street) to the Region of Durham.
12. The Owner shall terminate any dead ends and/or open sides of road allowances created
by this draft plan in 0.3 metre reserve(s) to be conveyed to the Municipality of
Clarington.
13. The Municipality of Clarington shall be satisfied that the completion or installation of
road works and services are completed in the adjacent plans of subdivision 18T-82037
and 18T-87021.
14. The Owner shall construct all storm water drainage works and facilities in accordance
with the recommendations of the Northwest Bowmanville Master Drainage Study and
the Master Drainage Plan for the West Branch of Soper Creek to the satisfaction of the
Municipality of Clarington.
15. The Owner shall convey land to the Municipality of Clarington for park or other public
recreational purposes in accordance with the provisions of the Planning Act.
Alternatively, the municipality may accept cash-in-lieu of such conveyance.
16. The Owner shall grant such easements as may be required for utilities, drainage and
servicing purposes to the appropriate authorities.
17. The Owner shall agree in the Municipality of Clarington's subdivision agreement to
reimburse the downstream front ending developers for an appropriate share of the cost
of the oversizing of downstream stormwater works in the Northwest Bowmanville
Watershed area.
18. Prior to anyon-site grading or construction or final registration of the plan, the Owner
shall submit and obtain approval of the Municipality of Clarington and the Central lake
Ontario Conservation Authority for reports describing the following:
a) the intended means of conveying stormwater flow from the site, including use of
stormwater management techniques which are appropriate and in accordance
with the provincial guidelines. The stormwater facilities must be designed and
implemented in accordance with the recommendations of the Northwest
Bowmanville Stormwater Management Project and the Master Drainage Plan for
West Branch of Soper Creek.
636
b) the anticipated impact of the development on water quality, as it relates to fish
and wildlife habitat once adequate protective measures have been taken;
c) the means whereby erosion and sedimentation and their effects will be minimized on
the site during and after construction in accordance with the provincial guidelines.
The report must outline all actions to be taken to prevent an increase in the
concentration of solids in any water body as a result of on-site, or other' related
works, to comply with the Canada Fisheries Act.
19. Prior to any grading, filling or construction on the site or prior to final approval of this
plan, the Owner shall submit and obtain the Central Lake Ontario Conservation
Authority's approval of site grading plans which indicate the 100-year flood overland
flow route for the proposed development.
20. That the Owner shall retain a professional engineer to prepare and submit a Master
Drainage and Lot Grading Plan to the Director of Engineering Services for review and
approval. All plans and drawings must conform to the Municipality's Design Criteria as
amended from time to time.
21. That the Owner shall provide and install sidewalks, street lights, temporary turning
circles etc. as per the Municipality's standards and criteria.
22. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be
buried underground.
23. The Owner shall agree in the Municipality of Clarington subdivision agreement to submit
to the Region and the Municipality of Clarington, for review and approval prior to the
development of the medium density block abutting Liberty Street, report prepared by an
acoustic engineer based on projected traffic volumes provided by the Durham Region
Planning Department recommending noise attenuation measures for this block in
accordance with the Ministry of Environment and Energy guidelines. The Owner shall
agree in the Municipality of Clarington subdivision agreement to implement the
recommended noise control measures. The agreement shall contain a full and
complete reference to the noise report (i.e. author, title, date and any revisions/addenda
thereto) and shall include any required warning clauses identified in the acoustic report.
24. The Owner shall agree in the Municipality of Clarington subdivision agreement to
implement the recommendation of the report, entitled "Revision of Noise Impact Study
Plan of Subdivision File: 18T-89070", prepared by G.M. Sernas & Associates, dated
October 1990, which specifies noise attenuation measures for the development. The
complete reference to the noise report (i.e. author, title, date and any
revisions/addenda) and shall include any warning clauses identified in the study. The
Owner shall provide the Region with a copy of the subdivision agreement containing
such provisions prior to final approval of the plan.
25. The Owner shall provide for the extension of such sanitary sewer and water supply
facilities which are external to, as well as within, the limits of this plan that are required
to service this plan. In addition, the Owner shall provide for the extension of sanitary
sewer and water supply facilities within the limits of the plan which are required to
637
service other developments external to this subdivision. Such sanitary sewer and water
supply facilities are to be designed and constructed according to the standards and
requirements of the Regional Municipality of Durham. All arrangements, financial and
otherwise, for said extensions are to be made to the satisfaction of the Regional
Municipality of Durham, and are to be completed prior to final approval of this plan.
26. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water
supply services have been installed, or shall be installed, in the abutting/adjacent plan of
subdivision 18T-82037.
27. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of
Clarington. This shall include, among other matters, the execution of a subdivision
agreement between the Owner and the Municipality of Clarington concerning the
provision and installation of roads, services, drainage and other local services.
28. The Owner shall satisfy all requirements, financial and otherwise, of the Regional
Municipality of Durham. This shall include, among other matters, the execution of a
subdivision agreement between the Owner and the Region concerning the provision
and installation of sanitary sewers, water supply, roads and other regional services.
29. The subdivision agreement between the Owner and the Municipality of Clarington shall
contain, among other matters, the following provisions:
a) The Owner agrees to carry out the works referred to in Condition 16 and
Condition 17 to the satisfaction of the Central Lake Ontario Conservation
Authority.
b) The Owner agrees to place the following in all agreements of purchase and sale
between the Developer and all prospective home buyers:
"Students from this area may have to attend existing schools outside their
neighbourhood. Although a school site has been reserved within an
adjacent plan of subdivision; a school may not be built for some time, if at
all, and then only if it can be justified by the Ministry of Education."
c) The Owner agrees to implement those noise control measures recommended in
the Noise Report required in Condition 18 and Condition 19.
30. Prior to final approval of this plan for registration, the Director of Planning Services for
the Municipality of Clarington shall be advised in writing by:
a) The Regional Planning Department, how Conditions 4,5,7,8,10,11,23,24,25,26
and 28 have been satisfied;
b) Central Lake Ontario Conservation Authority, how Conditions 18, 19 and 29 a)
have been satisfied;
638
c) Peterborough Victoria Northumberland Clarington District School Board, how
Condition 29 b) has been satisfied;
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft approval d<;lte; and
no extensions have been granted, draft approval shall lapse and the file shall be
CLOSED. Extensions may be granted provided valid reason is given and is submitted
to the Director of Planning Services for the Municipality of Clarington well in advance of
the lapsing date.
2. As the Owner of the proposed subdivision, it is in your interest, as well as your
responsibility, to satisfy all conditions of draft approval in an expeditious manner. The
conditions of draft approval will be reviewed periodically and may be amended at any
time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within the Regional
Municipality of Durham.
4. Where agencies' requirements are required to be included in the local municipal
subdivision agreement, a copy of the agreement shall be sent to the agencies in order
to facilitate their clearance of conditions for final approval of this plan. The addresses
and telephone numbers of these agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa,
Ontario, L 1 H 3T3. (905)579-0411
b) Peterborough Victoria Northumberland Clarington District School Board, 1355
Lansdowne Street West, Peterborough, Ontario K9J 7M3. 1-800-461-8009
c) Region of Durham Planning Department, 605 Rossland Road East, P.O. BOX
623, Whitby, Ontario, L 1 N 6A3. (905) 668-7711
639
ATTACHMENT 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2005-
being a by-law to authorize entering into an Agreement with the Owners of Plan
of Subdivision 18T-89070 and any Mortgagee who has an interest in the said
lands, and the Corporation of the Municipality of Clarington in respect of 18T-
89070
WHEREAS the Council on September 12, 2005, approved an amendment to draft Plan
of Subdivision located in Part Lot 11, Concession 2, former Town of Bowmanville and
authorized the execution of a subdivision agreement;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation's seal,
an agreement between the Owners of Plan 18T-89070,
2, THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the
Municipality, the said conveyances of lands required pursuant to the aforesaid
Agreement
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L, Barrie, Municipal Clerk
640
CI!J!mglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #:
PSD-103-05
File #: ZBA2005-029
By-law #:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: EVENTEL ENTERPRISES INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-103-05 be received;
2. THAT the request for removal of Part Lot Control with respect to Lots 1 to 9, inclusive
on 40M-2094 be APPROVED and that the attached Part Lot Control By-law be passed
pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
avO J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
c)~.~6n.
Reviewed by: -
Franklin Wu
Chief Administrative Officer
SAlCP/DJC/df
August4,2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-0830
641
REPORT NO.: PSD-103-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Eventel Enterprises Inc. (Boaz Feiner)
1.2 Location: Dadson Drive, Bowmanville
1.3 Part Lot Control Removal: Lots 1-9, inclusive, 40M-2094 (Attachment 1).
2.0 BACKGROUND
2.1 On June 20th, 2005, Staff received a request from the owners of the above-noted
properties for the removal of part lot control with respect to Lots 1-9, inclusive, 40M-
2094.
2.2 In 2003 the owner at that time, Penwest Development Corp. Ltd., applied for and
received approval for an amendment to draft approval to change semi-detached/link lots
to single detached lots. A zoning amendment accompanied the amendment to draft
approval, changing the zoning on the subject lots from "Urban Residential Type One
(R1)" to "Urban Residential Type Two (R2)", which permits single detached dwellings on
lots with 12.0 metre frontages. A Part Lot Control application also received approval for
Lots 1-9 on 40m~2094 enabling the construction of single detached lots on a registered
plan that depicted 18.0 metre semi-detached/link lots.
2.3 As no dwellings have been constructed, the current owner, Eventel Enterprises Ltd. is
seeking to re-apply for the removal of Part Lot Control to facilitate the development of
thirteen 12.0 metre single detached dwellings as was previously approved in October
2003.
2.4 By-law 2003-157, a by-law to remove part lot control on Lots 1-9 of 40M-2094 expires
November 20, 2005. As such, staff would recommend that this current application for a
new part lot control by-law be dated to begin on November 21, 2005.
3.0 COMMENTS
3.1 The Planning Act gives authority to a Municipality to remove part lot control in a plan of
subdivision to permit a person to convey a part of any lot or block of land.
3.2 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section
50 (5) of the Planning Act.
3.3 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department the "Unit Type and
Number Summary Table" (Attachment 3) along with a copy of the Part Lot Control By-law.
642
REPORT NO.: PSD.103.05
PAGE 3
4.0 RECOMMENDATION
4.1 It is recommended that Council approve this application and adopt the attached Part Lot
Control By-law for Lots 1-9, inclusive on Plan 40M-2094.
4.2 Staff recommends that the By-law be in force for a five (5) year period, beginning
November 21,2005, ending November 21,2010.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table
Interested parties to be notified of Council and Committee's decision:
Boaz Feiner
C/o Eventel Enterprises Inc.
643
ATTACHMENT 1
to Report PSD-IO -05
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Lots Affected By Part Lot Control
Lots 1-9. 40M-2094
Parts 1 to 19, 40R.22729
Owner: Eveltel Enterprises Limited
644
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a by-law to exempt a certain portions of Registered Plan 40M-2094 from Part
Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to exempt from Part Lot Control, Lots 1-9, of 40M.2094, registered at the Land Titles Division
of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) Lots 1-9 of 40M-2094.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be force
for a period of five (5) years, beginning November 21, 2005 and ending on November
20,2010.
BY-LAW read a first time this day of
2005
BY-LAW read a second time this day of
2005
BY-LAW read a third time and finally passed this day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT 2
to Report PSD-103-05
645
ATTACHMENT 3
to Report PSD-103-05
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
One Single detached dwelling
Lot 2 One Single detached dwelling No change
Lot 3 One Single detached dwelling Reduction of 1 unit
Lot4 One Single detached dwelling No change
Lot 5 One Single detached dwelling Reduction of 1 unit
Lot 6 One Single detached dwelling No change
Lot 7 One Single detached dwelling Reduction of 1 unit
Lot 8 One Single detached dwelling No change
Lot 9 One Single detached dwelling Reduction of 1 unit
TOTAL 13 Units Reduction of 5 units
046
CI~mgron
REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Tuesday, September 6, 2005
Report #: PSD-104-05
File #: ROPA 2005-004
By-law #:
Subject:
PROPOSED REGIONAL OFFICIAL PLAN AMENDMENT TO PERMIT
SEVERANCE OF A FARM RETIREMENT LOT FROM AN UNDERSIZED FARM
PARCEL
APPLICANT: 962233 ONTARIO LIMITED (LORNE ALLIN)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report PSD-1 04-05 be received;
2. THAT the Regional Municipality of Durham be advised that the Municipality of
Clarington does not support the application to amend the Durham Regional Official Plan
(ROPA 2005-004) as submitted by 962233 Ontario Limited (Lome Allin) as it is not
consistent with the 2005 Provincial Policy Statement and recommend to the Region that
the application be denied;
3. THAT Durham Region Planning Department and the applicant be forwarded a copy of
this report; and
4. THAT Durham Region, all interested parties listed in this report and any delegations be
advised of Council's decision.
S"bm;',' by ~
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed bY:O~.......~ ~
Franklin Wu,
Chief Administrative Officer
HB/CPIDJC/df
26 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
647
REPORT NO.: PSD-104-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
962233 Ontario Limited
1.2 Applicant: Lome Allin
,
1.3 Durham Region Official Plan Amendment:
To permit severance of a 0.4 ha (1 ac) farm retirement lot from a 20 ha (50
ac) farm parcel.
1.4 Site Area: 20ha (50 ac) farm parcel;
2.0 LOCATION
2.1 The subject property is located on the west side of Moffat Road, north of Concession
Road 3 (3330 Moffat Road) in Part of Lot 25 Concession 3 former Township of Clarke
(see Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands are generillly flat and used for agricultural purposes. The site contains a
barn, a mobile home for farm employees, a residential dwelling and two storage
buildings. Located along the south limits of the property is a small forested area.
3.2 Surroundinq Uses
North - Forest and Agricultural
South - Forest and Rural Residential
East - Agricultural
West - Agricultural
4.0 OFFICIAL PLAN POLICIES
4.1 The Durham Region Official Plan designates the subject lands as "Permanent
Agricultural Reserve". Agriculture and farm-related uses are land uses permitted within
this designation.
4.2 Section 12.3.13 of the Durham Region Official Plan permits farm retirement lots subject
to criteria. One such criteria is that the parcel from which the severance is to be granted
shall be 40 ha or greater in size. The subject parcel from which the severance is
proposed is 20 ha in size and does not conform to the Official Plan, requiring an
amendment to the Plan.
4.3 Within the Clarington Official Plan the lands are designated "Prime Agriculture" and
"Green Space". Agriwlture and farm-related uses are permitted within both these
designations.
648
REPORT NO.: PSD-104-05
PAGE 3
4.4 Like the Regional Official Plan, the Clarington Official Plan policies for a farm related
severance require the parcel from which the severance is to be granted to be 40 ha or
greater in size (Section 13.3.11 b). This policy applies to lands within "Green Space"
designation or "Prime Agricultural" designation. If this amendment to the Durham
Region Official Plan is successful, the applicant will be required to amend the CIl:!rington
Official Plan for an exemption from Section 13.3.11 b), being the required 40ha farm
parcel size.
5.0 ZONING BY-LAW
5.1 Within the Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"Agricultural" (A). Agriculture and farm-related uses are permitted' on lands zoned
"Agriculture" .
6.0 PROVINCIAL POLICY
6.1 The 2005 Provincial Policy Statement came into force on March 1, 2005, and does not
permit the creation of new residential lots in prime agricultural areas, including the
creation of farm retirement lots. The subject lands satisfy the definition of prime
agricultural area.
6.2 A small portion of the southern and northern boundaries of the subject lands are
situated within the limits of the Provincial Greenbelt Plan. The location of the proposed
retirement lot is located on lands beyond the limit of the Greenbelt Plan and as such the
provisions of the Greenbelt Plan are not applicable. The Greenbelt Plan also prohibits
the creation of new farm retirement lots.
7.0 AGENCY COMMENTS
7.1 The application was circulated for comment to Clarington Emergency Services and
Clarington Engineering Services. These departments had no objection to the
application.
8.0 STAFF COMMENT
8.1 This application to amend the Durham Region Official Plan was submitted on April 14,
2005 and was received by Clarington Planning Services for review and comment on
April 25, 2005. The application was circulated to Clarington Departments for their review
and comment. No objections to this proposal were identified by any of these
Departments. The Region held the statutory public meeting on May 31,2005.
8.2 In support of the application, an Agricultural Assessment was prepared by Toombs
Consulting dated January 6, 2005. The report states that the proposal satisfies all
criteria for consideration of a farm retirement lot as required by the Official Plan with the
exception of parcel size. Although the lands do not satisfy the minimum parcel size, the
649
REPORT NO.: PSD-104-05
PAGE 4
report states that this is a commercially viable farm and the farmer should be provided
the opportunity to create a farm retirement parcel. On April 20, 2005 an addendum to
this report was prepared reflecting the release of the Provincial Policy Statement and
the Greenbelt Plan. The addendum states that the application does not comply with the
2005 Provincial Policy Statement and that the policies of the Greenbelt Plan are not
applicable.
8.3 The 2005 Provincial Policy Statement (PPS) came into effect on March 1, 2005 and
applies to all applications commenced after this date. Development applications shall
be consistent with the PPS and decisions of the approval authority cannot be contrary to
the policies of the PPS. This application commenced after the PPS came into effect
and as such shall be consistent with the policies of the 2005 PPS. This proposal for the
creation of a farm retirement lot within a prime agricultural area is not consistent with the
policies of the 2005 PPS. The applicant is aware that Regional Council's decision must
be consistent with the 2005 PPS, but wishes to proceed with the application regardless.
9.0 RECOMMENDATIONS
9.1 The application does not conform to the 2005 PPS and as such it is recommended that
Clarington Council not support the application to amend the Durham Region Official
Plan (ROPA 2005-004).
Attachments:
Attachment 1 - Key map
Interested Parties
962233 Ontario Limited
650
ATTACHMENT 1
to Report PSD-104-0S
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651
ClfllfflglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #: PSD-105-05
File #: ZBA 2005-006
By-law #:
Subject:
REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING
DWELLING
APPLICANT: TIM AND DORRIS TAXIS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report PSD-1 05-05 be received;
2. THAT the rezoning application submitted by Martin Topolie on behalf of the Taxis be
APPROVED and that the attached zoning by-law amendment be forwarded to Council
for adoption; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
D vi,
Dire
Reviewed by:
. Creme, M.C.I.P., R.P.P.
r of Planning Services
/ ranklin Wu,
/~ Chief Administrative Officer
BH/CPIDJC/sh/df
August 23, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
652
REPORT NO.: PSD-105-05
PAGE 2
1.0
1.1
APPLICATION DETAILS
Owner:
Tim and Dorris Taxis
1.2 Agent: Martin Topolie
1.3 Rezoning: from "Environmental Protection (EP) Zone" to "Environmental
Protection Exception (EP-13) Zone" to permit a home-based
occupation within an existing dwelling.
1.4 Location: 825 King Ave East, Newcastle
being Part of Lot 25, Concession 1, former Town of Newcastle.
2.0 BACKGROUND
2.1 On February 24, 2005, the Planning Services Department received a rezoning
application to permit a home-based occupation within an existing dwelling located in
an Environmental Protection (EP) zone.
2.2 The application was filed as a result of a complaint received by By-law Enforcement
in August 2004, regarding the outdoor storage of construction equipment. By-law
Enforcement sent a letter to the owner of the subject property stating they would
need to submit a rezoning application to permit a home occupation use. However,
outside storage is not permitted.
2.3 The Taxis' advised that they were building an addition to the existing house
themselves as a result construction vehicles and materials were stored on site.
Over the summer months, construction has been completed and the vehicles and
outside storage has been removed.
2.4 The application proposes an area of 54 sq metres as home occupation use for an
office.
2.5 The home appears to have been originally constructed in 1975 in conformity with the
Zoning By-law at that time. The expansion to the home was approved by permit in
2000. The property is serviced by municipal water, and is on a private septic system.
3.0 PUBLIC NOTICE AND SUBMISSIONS
3.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public notice sign was installed on the King Avenue East Frontage. A
public meeting for this application was held on April 11, 2005 at which time the
application was referred back to staff.
3.2 Mr. Van De Walker submitted a letter and spoke in opposition to this rezoning at the
public meeting. At the time the letter was submitted the Taxis residence was being
renovated, and there were construction vehicles and outdoor storage on site. Mr.
Van De Walker's concern was that the rezoning would permit a commercial
653
REPORT NO.: PSD.105.05
PAGE 3
contractors site. Planning staff met with the Taxis to discus the issues raised by Mr.
Van De Walker. The results of this meeting are addressed under staff comments,
section 7.3 of this report.
4.0 AGENCY COMMENTS
4.1 In consideration of the nature of the application to allow a home occupation use
within an existing dwelling, the application was circulated to a limited number of
agencies.
4.2 Clarington Engineering, Clarington Emergency Services, Veridian Connections,
Ganaraska Region Conservation, Regional Planning Department, Regional Health
Department, and the Regional Works Department had no obiection to the proposed
zoning amendment.
4.3 Clarington Building Department noted that a "Change in Use" permit is required.
5.0 OFFICIAL PLAN CONFORMITY
5.1 The Durham Region Official Plan designates the subject property as Major Open
Space with an indication of environmentally sensitive areas. This designation
recognizes hazard land areas and is to preserve ecological resources. This
proposal is a conversion of an existing building and will not further intrude on the
Major Open Space and therefore is consistent with its intent.
5.2 The Clarington Official Plan designates the subject property as Environmental
Protection Area. These areas and their ecological functions are to be preserved and
protected from the effects of human activity. The designation also recognizes
hazard lands subject to flooding. The home was built prior to the Municipality's
Official Plan. The home-based occupation is completely within the existing dwelling
and will not further affect any ecological functions.
5.3 Home-based occupation uses are permitted as an accessory use to a residential
dwelling to a maximum of 30% of the dwelling and floor area, subject to the criteria
under section 9.3.6 of the Official Plan. These policies state no exterior display of
merchandise or outside storage of goods or material is permitted, and signage shall
comply with the provisions of the Sign By-law.
6.0 ZONING BY.LAW CONFORMITY
6.1 The property is zoned Environmental Protection (EP) which does not permit a home-
based occupation, hence the subject application.
7.0 STAFF COMMENTS
7.1 The Zoning By-law defines home occupation to include uses such as professional or
administrative offices. The Zoning By-law requires home occupations to be clearly
secondary to the main residential use and shall not change the residential character
654
REPORT NO.: PSD-105-05
PAGE 4
of the dwelling. Parking is to be provided in accordance with Section 3.15, and the
outdoor storage of goods and materials associated with the home occupational use
is prohibited.
7.2 A home-based occupation being completely within the existing dwelling does not
require further encroachment on environmentally protected lands. The official plan
and zoning by-law permit a home occupation within an existing dwelling that meets
the requirements of section 3.12 of Zoning By-law 84-63. No outdoor storage will be
permitted with the associated use.
7.3 Ongoing construction of the Taxis residence resulted in many "Taxis Construction"
vehicles to be stored on site. This created the appearance that the property was
being used as a contractor's yard. At a meeting with planning staff on April 18,
2005, the Taxis acknowledged that equipment and storage was temporary. Since
that meeting, construction on the house has been completed. The vehicles and
supplies are now stored of site in a warehouse purchased by the Taxis. Less than
25% of the house is used as a office remaining predominantly residential, satisfying
the definition of a home-based occupation.
7.4 An additional 4 parking spaces have been constructed for the home occupation in
accordance with the parking area regulations of Section 3.16 of Zoning By-law 84-
63. '
7.5 Staff noted the existing identification sign did not conform to the Sign By-law and the
Municipality had not issued any sign permits. However, Taxis Contracting Limited
obtained approval for a home occupation sign from the Ministry of Transportation
(MTO). At the time this portion of Highway 2 was under MTO's jurisdiction.
7.6 The Finance Department advises that taxes have been paid in full.
8.0 CONCLUSION
8.1 The site has been cleaned up; the outside storage, machinery and trucks have been
re-Iocated to a warehouse outside of Clarington. Based on no further encroachment
in the environmentally sensitive area and the comments in this report, it is
respectfully recommended that the rezoning application be APPROVED.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law Amendment
List of interested parties to be advised of Council's decision:
Tim and Doris Taxis
Martin TopolielOvidio Sbrissa Architect
Mr. Van De Walker
655
ATTACHMENT 1
to Report PSD-10S-OS
KING AVENUE EAST
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ZBA 2005-006
Zoning By-law Amendment
Owner: Tim and Doris Taxis
656
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-_
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
WHEREAS the Council of the .Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA
2005-006;
NOW THEREFORE BE iT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By adding a new Section 5.2.13 respecting lands zoned EP-13, as follows:
"5.2.13 ENViRONMENTAL PROTECTION EXCEPTION (EP-13) ZONE
Notwithstanding Section 5.2, those lands zoned EP-13 on the Schedules to
this By-law, may in addition to other uses permitted in the Environmental
Protection (EP) Zone an existing dwelling may be used for a professional or
administrative home occupation office in accordance with home-occupation
provisions of Section 3.12 of this By-law."
2. Schedule "5" to By-law 84-63 as amended, is hereby further amended by changing
the zone designation from: "Environmental Protection (EP) Zone" to "Environmental
Protection Exception (EP-13) Zone" as illustrated on the attached Schedule "A"
hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT 2
to Report PSD-105-05
657
This is Schedule "A" to By-law 2005-
passed this day of . 2005 A.D.
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Zoning Change From
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John Mutton, Moyor
Petti L. Barrie, Municipal Clerk
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658
Cl~ilJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6,2005
Report #: PSD-106-05
File #: A2005/008, A2005/022,
A2005/023, A2005/024, A2005/025,
A2005/026, A2005/027 A2005/028,
A2005/029, A2005/030, A2005/031,
A2005/032, A2005/033, A2005/034,
A2005/035, A2005/036, A2005/037
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JUNE 16, 2005, JULY 7, 2005, JULY 16 2005,
AUGUST 11, 2005, AND AUGUST 25, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-106-05 be received;
2. THAT Council concurs with the decision of the Committee of Adjustment made during
their regularly scheduled meetings for applications A2005/008 and A2005/022 to
A2005/037 inclusive; and
3. Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
Submitted by:
Davi . Crome, MCIP, R.P.P.
Director of Planning Services
/7
R,,;ewed by' ~~
~ FranklinWu,
. Chief Administrative Officer
/ I
BR*CP*FL *sh*df
August 29, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
659
REPORT NO.: PSD-106-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled for a
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance application and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are detailed below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
MAY 5 2005 to AUGUST 25 2005
A2005/008 Table Tabled
A2005/022 Approve Approved
A2005/023 Approve Approved
A2005/024 Approve with Modifications Approved with Modifications
A2005/025 Deny Approved
A2005/026 Table Approved
A2005/027 Approve Approved
A2005/028 Approve Approved
A2005/029 Approve Approved
A2005/030 Approve Approved
A2005/031 Approve Approved
A2005/032 Approve Approved
A2005/033 Approve Approved
A2005/034 Approve Approved
A2005/035 Approve Approved
A2005/036 Table Tabled
A2005/037 Table Tabled
6BO
REPORT NO.: PSD-106-05
PAGE 3
2.0 COMMENTS
2.1 A2005/008 was a request to permit the construction of low-rise condominium buildings
with a street front presence by reducing the front yard setback from the minimum
required 7.5 metres to 2 metres. This application was originally tabled on March 24,
2005 for a period of three months to allow the applicant sufficient time to satisfy the
Engineering Services Department's concerns regarding barrier free access. As of the
June 16, 2005 meeting, the applicant had still not satisfied the Engineering Services
concerns regarding barrier free access, and the application was therefore tabled again,
this time for a period of not more than one year.
2.2 A2005/024 was an application to allow for the construction of up to three single
detached model homes prior to the registration of the Plan of Subdivision. Until the
Plan of Subdivision is registered, the site is legally two parcels, which would allow the
construction of two single detached dwellings, each located on individual lots. The
request was to place all the structures on one of the parcels, as it provides easier and
more efficient access. Staff recommended approval of a total of two model home on a
single lot Subject to the condition that no further model homes be constructed on the
second lot within the Draft Plan of Subdivision. Committee agreed with Staffs
recommendation and approved the application as such, but with the added condition
that the homes be located on specific lots within the Draft Plan of Subdivision.
2.3 A2005/025 was an application to reduce the side yard setback for an attached garage.
The request was to reduce the interior side yard setback from 1.2 metres to 0.6 metres.
The applicant proposed the construction of a tandem three car garage. Staff's
recommendation was to deny the application as maintenance of the proposed structure
would be difficult given the span of the wall, and that a single car garage width could be
constructed within the setback requirements. The applicant brought letters from
neighbouring property owners who expressed no concern over the application, and
addressed some of the existing situation that concerned staff in regards to
maintenance. Committee chose to approve the application as requested, and given the
additional information provided during the meeting, Staff determined that an appeal was
not warranted.
2.4 A2005/026 was a request to allow for the construction of a deck by increasing the total
lot coverage from 40% to 46%, and to reduce the rear yard setback from 6 metres to 3
metres. The Engineering Services Department requested that the application be tabled
as the subject lot is in a new subdivision, and the lot grading had not been certified by
the developer's consulting engineer. The Engineering Services Department did not
believe that the applicant could grade the property in a manner that would conform to
the Master Grading and Drainage Plan for the subdivision, and therefore requested that
the application be table to provide sufficient time to provide a revised House
Siting/Grading and Drainage plan to support the application. The recommendation to
table was carried forward to the Committee, however, the Committee decided to
approve the application. The Engineering Services Department appealed the
Committee's decision to ensure the lot grading could be certified. Following the
submission of the appeal, the Engineering Services Department continued to work with
661
REPORT NO.: PSD-106-05
PAGE 4
the applicant to resolve the issues outlined in their comments. The applicant was able
to resolve the engineering concerns, and the appeal was withdrawn.
2.5 A2005/036 was an application to permit the development of one additional residential lot
by reducing the required lot frontage from 18 metres to 15.23 metres, and to reduce the
required minimum lot area from 650 square metres to 512.7 square metres. Staff
recommended that the application be tabled. The application for Land Division had not
yet been heard by the Land Division Committee, and therefore the comments
Engineering Services Department regarding required additional road allowance had not
yet been taken into account. Staffs recommendation was to prevent the applicant from
having to re-apply at the applicant's expense should conditions require a change in the
variance request. The applicant had no objection to the recommendation. Committee
tabled the application until the next available meeting after the Land Division was heard
on September 12, 2005.
2.6 A2005/037 was an application to permit the construction of a detached garage by
reducing the required front yard setback from 8 metres to 4 metres, by increasing the
maximum height of an accessory building from 5 metres to 5.6 metres, and to permit an
architectural feature on the accessory building with a maximum height of 7.4 metres.
Staff identified some concerns with regards to vehicle access to the garage, and other
concerns about the structure itself. Staff recommended tabling the application to allow
the applicant time to address the comments and concerns. The applicant did not attend
the meeting, and no representative was present. Committee tabled the application.
2.7 Applications A2005/022, A2005/023 and A2005/027 inclusive to A2005/035 were all
approved as applied for.
2.8 Staff has reviewed the Committee's decisions and is satisfied that the applications that
received approval are in conformity with the Official Plan policies, consistent with the
intent of the Zoning By-law and are minor in nature and desirable. Council's
concurrence with the Committee of Adjustment's decision is required in order to afford
Staff's official status before the Ontario Municipal Board in the event of an appeal of any
decision of the Committee of Adjustment
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
662
ATTACHMENT 1
Cl!J!ilJglOn
to Report PSD-I06-05
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: KELVIN WHALEN
OWNER: ASPEN SPRINGS WEST L TD
PROPERTY LOCATION: PART LOT 16, CONCESSION 1,
FORMER TOWNSHIP OF DARLINGTON BLOCK
75, PLAN 40M-2240
FILE NO.: A2005/008
PURPOSE:
TO PERMIT THE CONSTRUCTION OF LOW-RISE CONDOMINIUM
BUILDINGS WITH A STREET FRONT PRESENCE BY REDUCING THE
FRONT YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 2
METRES
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION FOR A PERIOD OF UP TO ONE YEAR TO
ALLOW SUFFICIENT TIME FOR THE APPLICANT TO SATISFY THE
ENGINEERING SERVICES DEPARTMENT CONCERNS REGARDING
BARRIER FREE ACCESS.
DATE OF DECISION:
June 16, 2005
LAST DAY OF APPEAL:
July 6, 2005
663
CllllmglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: TODD CHRYSLER
OWNER: ASPEN SPRINGS WEST L TD
PROPERTY LOCATION: PART LOT 35, CONCESSION 1, FORMER
TOWNSHIP OF DARLINGTON, 26 SOUTH FIELD
AVENUE, COURTICE
FILE NO.: A2005/022
PURPOSE:
TO INCREASE THE MAXIMUM LOT COVERAGE FROM 40% TO 47.5% TO
ALLOW THE CONSTRUCTION OF A SUNROOM, DECK, AND DETACHED
ACCESSORY BUILDING, AND TO REDUCE THE REAR YARD SETBACK AND
THE INTERIOR SIDE YARD SETBACK FOR A DETACHED ACCESSORY
BUILDING FROM THE MINIMUM REQUIRED 1.2 METRES TO 0.6 METRES.
DECISION OF COMMITTEE:
APPROVAL TO INCREASE THE MAXIMUM LOT COVERAGE FROM 40% TO
47.5% TO ALLOW FOR THE CONSTRUCTION OF A SUNROOM, DECK AND
DETACHED ACCESSORY STRUCTURE, AND TO REDUCE THE REAR YARD
AND INTERIOR SIDE YARD SETBACK FOR A DETACHED ACCESSORY
BUILDING FROM 1.2 METRES TO 0.6 METRES AS IT IS MINOR AND
DESIRABLE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING
BY-LAW.
DATE OF DECISION:
June 16, 2005
LAST DAY OF APPEAL:
July 6, 2005
654
Clflliggron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: CHRISTINE BOYD
OWNER: CHRISTINE BOYD
PROPERTY LOCATION: PART LOT 10, CONCESSION 2, FORMER TOWN
OF BOWMANVILLE 71 FENWICK AVENUE, .
BOWMANVILLE
FILE NO.: A2005/023
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DECK, ABOVE GROUND POOL,
STEPS/LANDING & 2ND STEPS BY REDUCING THE REAR YD SETBACK
FROM 6 M TO 5.2 M FOR DECK, BY REDUCING THE REAR YD SETBACK
FOR THE STEPS/LANDING FROM 6 M TO 3.1 M, BY REDUCING THE
SETBACK BETWEEN THE DECK & POOL FROM 1.2 M TO 0.3 M & BY
REDUCING THE WEST INTERIOR SIDE YD SETBACK FROM 1.2 M TO 0.94
M FOR THE 2ND STEPS.
DECISION OF COMMITTEE:
APPROVED TO REDUCE THE REAR YARD SETBACK FOR A DECK TO 5.2
METRES, TO REDUCE THE REAR YARD SETBACK FOR STEPS AND
LANDINGS TO 3.1 METRES, TO REDUCE THE SETBACK BETWEEN AN
ABOVE GROUND POOL AND A DECK TO 0.3 METRES, AND TO REDUCE
THE WESTERLY INTERIOR SIDE YARD SETBACK TO 0.94 METRES TO
ALLOW FOR STEPS AS IT IS MINOR AND DESIRABLE IN NATURE AND
CONFORMS TO THE OP AND ZB
DATE OF DECISION:
June 16.2005
LAST DAY OF APPEAL:
July 6, 2005
665
Clfll-!lJgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
TUNNEY PLANNING (KEVIN TUNNEY)
INTRACORP DEVELOPMENTS LTD.
350 LIBERTY ST.N." BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2005/024
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF UP TO 3 SINGLE DETACHED MODEL HOMES PRIOR
TO THE REGISTRATION OF THE PLAN OF SUBDIVISON, BY INCREASING THE
MINIMUM PERMITTED NUMBER OF DWELLING UNITS FROM 1 TO 3.
DECISION OF COMMITTEE:
APPROVE THE APPLICATION AS AMENDED TO PERMIT TWO MODEL HOMES PRIOR
TO REGISTRATION OF SUBDIVISION 18T 87021 FOR LOTS 164 & 165 AS IT IS MINOR
& DESIREABLE IN NATURE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING
BY-LAW
DATE OF DECISION: June 16, 2005
LAST DAY OF APPEAL: July 6,2005
666
q~mgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
NORTON, BARRY AND CYNTHIA
NORTON, BARRY AND CYNTHIA
47 GEORGE STW." NEWCASTLE VILLAGE
PART LOT 28, CONCESSION 2
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2005/025
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE BY REDUCING THE
SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES.
DECISION OF COMMITTEE:
APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED
GARAGE BY REDUCING THE SIDE YARD SETBACK FROM 1.2 METRES TO 0.6
METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH
THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION:
June 16, 2005
LAST DAY OF APPEAL: July 6, 2005
667
Cl!1l-!J1gton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
FERENCZ, CHRIS & LISA
FERENCZ, CHRIS & LISA
66 WILLIAM JOSE CT." NEWCASTLE VILLAGE
PART LOT 26, CONCESSION 1
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2005/026
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING LOT COVERAGE
FROM THE MAXIMUM PERMITTED 40% TO 46% , AND TO REDUCE THE REQUIRED
REAR YARD SETBACK FROM 6 METRES TO 3 METRES.
DECISION OF COMMITTEE:
APPROVED TO PERMIT CONSTRUCTION OF A DECK BY INCREASING LOT
COVERAGE FROM MAX PERMITTED 40% TO 46%, & TO REDUCE REQUIRED REAR
YARD SETBACK FROM 6 M TO 3 M AS IT IS MINOR & DESIRABLE IN NATURE &
CONFORMS TO THE OFFICIAL PLAN & ZONING BY-LAW
DATE OF DECISION: June 16, 2005
LAST DAY OF APPEAL: July 6, 2005
668
Cl!1lmglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
VEENSTRA CONSTRUCTION
BIGLIN, RON
26 PROSPECT ST." BOWMANVILLE
PART LOT 12, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/027
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE, DECK, & EXISTING
SHED BY INCREASING THE MAX PERMITTED LOT COVERAGE FOR ACCESSORY
STRUCTURES FROM 40% TO 54% & TO INCREASE THE MAX PERMITTED BUILDING
HEIGHT FROM 5 M TO 6.4 M FOR AN ACCESSORY BUILDING.
DECISION OF COMMITTEE:
APPROVED TO PERMIT CONSTRUCTION OF A DETACHED GARAGE, DECK, &
EXISTING SHED BY INCREASING PERMITTED LOT COVERAGE FOR ACCESSORY
STRUCTURES TO 54% & INCREASE MAX PERMITTED HEIGHT TO 6.4 M FOR
ACCESSORY BUILDING
DATE OF DECISION: June 16,2005
LAST DAY OF APPEAL: July 6, 2005
669
Cl!J!mgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
TOOMBS, DALE
MICHAEL, ELIAS & CATHERINE
4188 LAKESHORE RD." CLARKE
PART LOT 15, CONCESSION BF
FORMER TOWN(SHIP) OF CLARKE
A2005/028
PURPOSE:
TO PERMIT THE CREATION OF A FARM RETIREMENT LOT BY REDUCING THE
MINIMUM LOT AREA OF THE AGRICULTURAL PARCEL FROM 40 HA TO 37.1 HA.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO REDUCE THE LOT AREA TO 37.1 HA AS
IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND
ZONING BY-LAW.
DATE OF DECISION: July 21,2005
LAST DAY OF APPEAL: August 10, 2005
670
Cl~!illglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
KEUNING CONSTRUCTION
ZULY, STAN & SHERYL
627 MILL ST.S." NEWCASTLE VILLAGE
PART LOT 27, CONCESSION BF
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2005/029
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE REAR YARD SETBACK IN THE RC-1 ZONE FROM 7.5 M TO 0 M & TO
REDUCE THE REAR YARD SETBACK IN THE A-1 ZONE FROM 10 M TO 0 M.
DECISION OF COMMITTEE:
APPROVED TO REDUCE THE REQUIRED REAR YARD SETBACK FOR THE "RC-1"
ZONE FROM 7.5 M TO 0 M, AND REDUCE REQUIRED REAR YARD SETBACK IN "A-1"
ZONE FROM 10 M TO 0 M AS IT IS MINIOR & DESIRABLE IN NATURE & CONFORMS
TO THE OP & ZB.
DATE OF DECISION: July 7, 2005
LAST DAY OF APPEAL: July 27, 2005
671
Cl!J!mgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
REKKER, RICHARD
REKKER, RICHARD
2258 HIGHWAY 2 , DARLINGTON
PART lOT 18, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILlE
A2005/030
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A GREENHOUSE EXPANSION BY INCREASING
THE MAXIMUM PERMITTED lOT COVERAGE IN THE AGRICULTURAL ZONE FROM
5% TO 20%.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO PERMIT AN INCREASE IN LOT
COVERAGE BY AGRICULTURAL BUILDINGS TO 17.5% AS IT IS MINOR IN NATURE,
DESIRABLE, AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-lAW
DATE OF DECISION: July 21, 2005
LAST DAY OF APPEAL: August 10, 2005
672
ClwiIJglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTM~NT
APPLICANT:
OWNER:
PROPERTY LOCATION:
YULE, THOMAS
YULE, THOMAS
43 WAVERLEY RD." BOWMANVILLE
PART LOT 14, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/031
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE
LOT COVERAGE FROM 40% TO 55% FOR AN ACCESSORY BUILDING AND BY
REDUCING THE NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO
0.9 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO INCREASE THE LOT COVERAGE BY ALL
ACCESSORY BUILDINGS IN TOTAL, TO 55% AND REDUCE NORTHERLY SIDE YARD
TO 0.9 M AS IT IS MINOR IN NATURE, DESIRABLE, AND MEETS THE INTENT OF THE
OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: July 21,2005
LAST DAY OF APPEAL: August 10, 2005
673
Cl~illgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
FILE NO.:
LEGENDS CONSULTING
ROSE VALLEY ESTATES
265 SPRUCEWOOD CR." BOWMANVILLE
PART LOT 8, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/032
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT CONSTRUCTION OF A REFUSE BUILDING WITH A FRONT YO SETBACK
OF 0.5 M, TO PERMIT CONSTRUCTION OF A TOWNHOUSE DWELLING WITH REAR
YO SETBACK OF 1.5 M & TO PERMIT CONSTRUCTION OF 3 BlKS OF TOWNHOUSES
(14 UNITS) WITH EXT. SIDE YO SETBACK OF 3.0 M.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR IN
NATURE, DESIRABLE, AND MEETS THE INTENT OF THE OFFICIAL PLAN AND
ZONING BY-lAW
DATE OF DECISION: July 21,2005
LAST DAY OF APPEAL: August 10, 2005
674
C/JJ!mgron
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: GRANT BROCK
OWNER: TOM COWAN
PROPERTY LOCATION: PART LOT 11, CONCESSION 1, FORMER TOWN
OF BOWMANVILLE
166 KING STREET EAST, BOWMANVILLE
FILE NO.: A2005/033
PURPOSE:
TO PERMIT THE EXPANSION OF A LEGAL NON-CONFORMING USE (CAR
DEALERSHIP) BY PERMITTING CONSTRUCTION OF A 101 M2 ADDITION TO
THE MAIN BUILDING TO WITHIN 0.88 METRES OF THE FRONT PROPERTY
LINE, BY PERMITTING AN EXPANSION TO THE SHOP AREA OF THE MAIN
BUILDING BY 50 M2 AND BY PERMITTING EXPANSION OF THE DETAIL BAY
BUILDING BY 209 M2
DECISION OF COMMITTEE:
APPROVED TO PERMIT THE EXPANSION OF A LEGAL NON-CONFORMING
USE (CAR DEALERSHIP) BY PERMITTING CONSTRUCTION OF A 101 M2
ADDITION TO THE MAIN BUILDING TO WITHIN 0.88 M OF THE FRONT
PROPERTY LINE BY PERMITTING AN EXPANSION TO THE SHOP AREA OF
THE MAIN BUILDING BY 50 M2 AND BY PERMITTING EXPANSION OF THE
DETAIL BAY BUiLDING BY 209 M2 AS iT IS MINOR AND DESIRABLE IN
NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION:
August 25, 2005
LAST DAY OF APPEAL:
September 14, 2005
675
Cl~jggton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
MCKEEN, JODY
MCKEEN, JODY
2198 TAUNTON RD." DARLINGTON
PART LOT 19 & 20, CONCESSION 5
FORMER TOWN(SHIP) OF DARLINGTON
A2005/034
FILE NO.:
PURPOSE:
TO PERMIT THE EXPANSION OF AN EXISTING LOT FROM 4.63 HA TO 6.33 HA,
WHEREAS THE MINIMUM LOT AREA REQUIREMENT IN THE AGRICULTURAL ZONE
IS 40 HECTARES.
DECISION OF COMMITTEE:
APPROVE THE APPLICATION TO INCREASE THE EXISTING lOT AREA FROM 4.63 HA
TO 6.33 HA WHEREAS THE MINIMUM lOT AREA REQUIREMENT IN THE
AGRICULTURAL ZONE IS 40 HA, AS IT IS MINOR AND DESIRABLE IN NATURE AND
CONFORMS TO THE OP AND ZB.
DATE OF DECISION: August 11,2005
LAST DAY OF APPEAL: August 31,2005
676
ClfllmglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
FILE NO.:
BARNES, DOUGLAS
BARNES, DOUGLAS
46 MCCALLUM ST." HAMPTON
PART LOT 19, CONCESSION 5
FORMER TOWN(SHIP) OF DARLINGTON
A2005/035
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT THE REDUCTION OF AN EXISTING AGRICULTURAL LOT FROM 4.26 HA
TO 2.56 HA, A DIFFERENCE OF 1.7 HA. THE MINIMUM LOT AREA REQUIREMENT IN
THE AGRICULTURAL ZONE IS 40 HECTARES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE REDUCTION OF AN EXISTING
AGRICULTURAL LOT FROM 4.256 HA TO 2.556 WHEREAS THE MINIMUM LOT AREA
REQUIREMENT IN THE AGRICULTURAL ZONE IS 40 HA, AS IT IS MINOR AND
DESIRABLE IN NATURE AND CONFORMS TO THE OP AND ZB
DATE OF DECISION: August 11,2005
LAST DAY OF APPEAL: August 31,2005
677
ClfJlif!glon
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
VANHAVERBEKE,ED
VANHAVERBEKE,ED
82 EDWARD ST.E." NEWCASTLE VILLAGE
PART LOT 28, CONCESSION 1
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2005/036
FILE NO.:
PURPOSE:
TO PERMIT THE DEVELOPMENT OF ONE ADDITIONAL RESIDENTIAL LOT BY
REDUCING THE REQUIRED LOT FRONTAGE FROM 18 METRES TO 15.23 METRES
AND BY REDUCING THE REQUIRED LOT AREA FROM 650 SQ M TO 512.7 SQ M.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION UNTIL THE NEXT AVAILABLE MEETING AFTER
SEPTEMBER 12, 2005.
DATE OF DECISION: August 25, 2005
LAST DAY OF APPEAL: September 14, 2005
678
CI~mglOn
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
"
FILE NO.:
VEENSTRA CONSTRUCTION
SAGERI, ANORA
109 COVE RD." BOWMANVILLE
PART LOT 11, CONCESSION BF
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/037
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT CONSTRUCTION OF A DETACHED GARAGE BY REDUCING THE
REQUIRED FRONT YARD SETBACK TO 4 M; BY INCREASING MAX. ACCESSORY
BUILDING HEIGHT TO 5.6 M; & TO PERMIT AN ARCHITECTURAL FEATURE ON THE
ACCESSORY BUILDING WITH A MAX HEIGHT OF 7.4 M.
DECISION OF COMMITTEE:
TO TALBE APPLICATION.
DATE OF DECISION: August 25, 2005
LAST DAY OF APPEAL: September 14, 2005
679
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #: PSD-107-05
File #: PLN 33.13
By-law #:
Subject:
NUCLEAR WASTE MANAGEMENT ORGANIZATION - COMMENTS
ON DRAFT STUDY REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-1 07-05 be received;
2. THAT Staff Report PSD-107-05 be adopted as the Municipality of Clarington's
comments on the Nuclear Waste Management Organization's Draft Study Report,
"Choosing A Way Forward";
3. THAT the Independent Peer Review prepared by Acres - Sargent and Lundy
regarding the Draft Study Report prepared by the Nuclear Waste Management
Organization be endorsed;
4. THAT the NWMO be requested to specifically recognize in the Final Study
Report that the interim storage of used nuclear fuel waste at the existing reactor
sites is an integral component of Adaptive Phased Management and that the
existing host communities be considered as the first host communities in the
implementation of Adaptive Phased Management for the purposes of
compensation; and
5. THAT a copy of this Report and Council's resolution be forwarded to the
Nuclear Waste Management Organization, the Board of Directors and Advisory
Council for the NWMO, the member municipalities of the Canadian Association
of Nuclear Host Communities, the Honourable John Efford the federal Minister
of Natural Resources, Bev Oda, M.P., and John O'Toole, M.P.P. FORTHWITH.
680
REPORT NO.: PSD-107-05
PAGE 2
Submitted by:
Reviewed bP ~~~ "-
Franklin Wu
Chief Administrative Officer
av . Crome, M.C.I.P.,R.P.P.
Director, Planning Services
JAS/FL/DJC/df
18 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
681
REPORT NO.: PSD-107-05
PAGE 3
1.0 BACKGROUND
1.1 The Nuclear Waste Management Organization (NWMO) was created by the
Government of Canada in 2002 through the Nuclear Fuel Waste Act to
investigate approaches for the long term management of Canada's used
nuclear fuel. The NWMO is required to submit a recommended approach and
implementation plan to the Minister of Natural Resources Canada by November
15, 2005. The Minister may seek public comment on the study, or request the
NWMO to undertake further work, before providing a recommendation to the
Government.
1.2 The Act requires the NWMO to consider, at a minimum, the following three
approaches - extended storage at reactor sites; storage at a central location;
and deep geological disposal in the Canadian Shield (Atomic Energy of Canada
Limited (AECL) concept). The NWMO will be the implementing agency once a
management approach is approved by the Government and is only responsible
for the used fuel waste expected to be generated by the existing nuclear
reactors for their current design lives (approximately 3.7 million fuel bundles).
The Act also introduced requirements for the producers of the used nuclear fuel
to set aside sufficient funds to ensure the availability of adequate resources for
managing the waste over the long term.
1.3 The NWMO is attempting to develop a management approach for the long-term
care of Canada's used nuclear fuel that is socially acceptable, technically
sound, environmentally responsible and economically feasible. In order to fulfill
its mission, the NWMO has embarked on an extensive consultation and study
process, and has previously released two major reports for public discussion -
Asking the Right Questions (November 2003), and Understanding the Choices
(September 2004). Council submitted comments on the second report through
its consideration of Staff Report PSD-007 -05 on January 10, 2005.
1.4 In late May 2005, the NWMO released its Draft Study Report, Choosing A Way
Forward. In this report, the NWMO has proposed that a fourth option, which
they have called "Adaptive Phase Management" (APM), be considered for the
long term management of Canada's nuclear fuel waste. APM is essentially the
deep geological repository option with an extended schedule that incorporates
steps and decision points that provide flexibility and adaptability during
implementation, including provision for shallow underground storage of the
waste at the central site prior to final placement in a deep repository. In addition
to the crystalline rock of the Canadian Shield previously identified, Ordovician
sedimentary rock such as that found in Southern Ontario, the St. Lawrence
valley, and the Hudson's Bay basin has also been identified as potentially
providing a suitable rock formation for the repository.
A more complete description of APM is provided in Section 2 of this report.
682
REPORT NO.: PSD-107-05
PAGE 4
1.5 The NWMO has indicated that, subject to further refinement based on
comments received through consultation, it will be recommending to the
Government of Canada that APM be selected as the approach for the long term
management of Canada's nuclear fuel waste. However, the NWMO will not be
recommending a specific site for the central site at that time. Rather, it will be
identifying a number of broad economic regions in Ontario, Quebec,
Saskatchewan and New Brunswick within which it intends to seek a willing host
community.
1.6 The purpose of this staff report is to give an overview of the NWMO Draft Study
Report and to provide the Municipality's comments on the report. The NWMO
has requested that comments be submitted by August 31, 2005. . As such, this
report has already been forwarded to the NWMO as the Municipality's
preliminary comments, to be confirmed by Council. Comments provided by
Acres-Sargent & Lundy (ASL) the peer review consultant retained by the
Canadian Association of Nuclear Host Communities (CANHC), have also been
incorporated into this report, where appropriate. The executive summary from
the ASL report forms Attachment 3 to this report.
2.0 OVERVIEW OF ADAPTIVE PHASED MANAGEMENT
2.1 The NWMO developed APM in response to comments made by Canadians that
this current generation should initiate the process and provide the necessary
financial resources to ensure the safe long term management of the used
nuclear fuel, that further research is required on the management and possible
re-use of the used fuel, and that future generations should make the final
determination on the final disposal of the waste. In this regard, APM is intended
to capture the strengths of the other three options while minimizing their
limitations.
2.2 APM is to be implemented in three phases, with Year 1 being that in which the
Government of Canada decides to proceed with APM. The NWMO has
cautioned however, that this projected schedule is conceptual only and may
change as the implementation process proceeds. A chart setting out the
projected timeframe and the key steps in the implementation process forms
Attachment 2 to this report.
2.3 During Phase 1 (approximately the first 30 years), the used nuclear fuel would
continue to be stored at the existing reactor sites and the NWMO would initiate
the search for a willing host community. The schedule assumes that a preferred
site would be selected in Year 10. An underground research facility would be
constructed at the central site and in Year 20, the decision would be made
whether or not to construct the shallow storage facility at the central site.
683
REPORT NO.: PSD-107-05
PAGE 5
2.4 Phase 2 would begin at approximately Year 30 with the start of operations at
the underground research facility where research would be conducted to
confirm the suitability of the site for the deep geologic repository for placement
in the repository. If the shallow storage facility has been constructed, the used
nuclear fuel would be transported to the central site and moved into the storage
facility. If the storage facility is not constructed, the used fuel would continue to
be stored at the existing reactor sites. Around Year 50, construction of the deep
geologic repository would begin.
2.5 Receipt of the operating license for the deep geologic repository would mark the
start of Phase 3 at approximately Year 60 and placement of the used nuclear
fuel in the repository would take place over a 30 year period. If the used
nuclear fuel remains stored at the existing reactor sites, it would be transported
to the central site. In-situ monitoring would be conducted over an extended
period (estimated to be 240 years) to confirm the long term safety and
performance of the repository, after which the repository would be backfilled
and access sealed. Post-closure monitoring would take place from the surface.
2.6 During each phase, the used nuclear fuel will be safely stored in appropriate
containers. Storage containers at the reactor sites will consist of the casks,
vaults and silos currently used in the dry storage facilities. These containers
have a design life of 50 years but are expected to last as long as 100 years.
Prior to the waste being transported to the central site, it would have to be
placed in certified transport containers. The storage containers to be used for
the shallow storage facility (if constructed) would be similar to the dry storage
containers currently being used, except with a 100 year design life. The
containers to be used for the long term isolation of the waste in the repository
would have a 100,000 year design life and would be designed to withstand long
term environmental effects such as climate change and glaciation.
2.7 The NWMO has conservatively estimated the cost of APM to be $24 billion,
including interim used fuel storage and retrieval from reactor sites,
transportation costs to the central facility, extended storage in underground
caverns, technology research and development and demonstration at the
underground research facility, and placement of the used fuel in a deep
geologic repository. These costs include the development and demonstration of
the technology to retrieve the fuel from the shallow storage facility, but not the
costs to perform retrieval operations from the deep repository. The present
value cost based on current long term economic factors is approximately $6.1
billion.
684
REPORT NO.: PSD-107-05
PAGE 6
3.0 DISCUSSION AND COMMENTS
3.1 Recommended Management Approach
Discussion
3.1.1 Each of the three original management options considered by the NWMO
exhibits strengths and weaknesses. For example, extended storage at reactor
sites would not require the transportation of the used nuclear fuel, but would
impose on-going responsibilities for the management of the waste for many
thousands of years at sites not specifically chosen for this purpose.
Centralized storage would provide more effective security for the waste, but
would also impose long term obligations on future generations. Deep geological
disposal would provide effective passive containment and isolation of the waste,
but would not allow future generations to retrieve the fuel if scientific advances
allow it to be safely re-used. In this regard, several factors have to be
balanced when determining the most appropriate management approach for
Canada's used nuclear fuel.
Comments
3.1.2 The Municipality agrees with the assessment undertaken by the NWMO that
none of the three original management options completely achieves the
objectives set out by the NWMO or as expressed by Canadians. The
Municipality also agrees that APM, if implemented properly and in a timely
manner, will provide a technically effective, flexible and balanced approach for
the long term management of Canada's used nuclear fuel.
3.1.3 However, the Municipality is concerned that APM can be used as an excuse to
delay the implementation of a management approach and that the waste will
remain at existing sites indefinitely and long after the existing reactors have
stopped producing electricity. This concern is supported by the NWMO's failure
to firmly commit to the construction of a shallow storage facility at the central
site in Phase 1. If this facility is not constructed, the used nuclear fuel will
remain at the existing reactor sites for up to 90 years (assuming that the
projected timeline is adhered to). Although it could be argued that, because of
the adaptability inherent in APM, it would not be appropriate to impose a
management decision on future generations, it could also be argued that a
decision not to construct the storage facility is unfair to the existing host
communities. The Final Study Report and the implementation plan need to
clearly commit to the construction of the shallow storage facility at the central
site.
685
REPORT NO.: PSD-107-05
PAGE 7
3.2 Difficulties With Implementation
Discussion
3.2.1 The implementation process is key to the effectiveness of any management
approach. However, there are a large number of factors that, individually ,and
collectively, could create significant delays in the implementation of APM.
These factors could include:
. Failure by the Government of Canada to accept the NWMO's
recommendation within a reasonable time period (eg. within two years of
its submission). The NWMO has estimated that the internal review by
federal departments should require approximately eight months. The siting
process cannot start until this step is completed.
. The inability of the NWMO to identify a willing host community by Year 10.
The NWMO has indicated that it is not their intention to impose a site on a
community and that they will continue with their engagement process until
a willing host community for the repository has been identified. The
NWMO hopes to learn from the experiences of Sweden and Finland who
have undertaken successful site searches for willing hosts.
. A decision by an apparent willing host community to withdraw its consent.
Given the lengthy time frame required for the implementation of APM, it is
possible that the identified willing host community could withdraw its
consent part way through the implementation process.
. The time required to develop the necessary knowledge regarding the
suitability of Ordovician sedimentary rock for a deep geologic repository.
Limited rationale is provided in the Draft Study Report for identifying this
rock formation as a suitable medium for a repository. Since most of the
research undertaken to date on the deep geologic repository option has
been based on the AECL concept (building the repository in the granitic
rock of the Canadian Shield), a substantial amount of time may be
required to build a similar level of knowledge for sedimentary rock, which
could create delays in the siting process. .
. Difficulty in transporting the used nuclear fuel to the central site as a result
of social protests and potential legal action. The actual transportation of
the used nuclear fuel to a central site is expected to require approximately
30 years. Whether the transportation occurs in Phase 2 or Phase 3, this
issue could prove to be one of the most problematic factors in the
implementation of APM.
686
REPORT NO.: PSD-107-05
PAGE 8
Comments
3.2.2 The Municipality is concerned that the very long time frame required for the
implementation of APM will make it difficult to maintain the necessary political
will to ensure that the implementation process is completed in a timely fashion.
In order to ensure that the used nuclear fuel does not remain at the existing
reactor sites for an indefinite period of time or that on-site storage becomes the
management approach by default, a detailed implementation schedule should
be developed with key milestones/decision points clearly identified, and the
Government of Canada, the waste owners and the NWMO should formally
commit to adhering to this schedule.
3.2.3 In the short term, it is imperative that the Government commit to making a
timely decision on a management approach. Failure to make such a decision
will delay the initiation of the implementation plan and the search for a host
community, and could disrupt the momentum and technical expertise that has
been built up by the NWMO over the past three years.
3.2.4 The NWMO's Draft Study Report does not specifically acknowledge the
potential for the implementation of APM to be delayed. The Final Study Report
should identify and assess the factors that may delay or defer key milestones
and decision points, and appropriate contingency plans and mitigation
measures should be articulated in the Implementation Plan. The NWMO could
also supplement its public engagement strategy in order to assess the
concerns and possible impact of potential opposition groups and develop
appropriate response strategies.
3.3 Existing Host Communities
Discussion
3.3.1 The Nuclear Fuel Waste Act requires the NWMO to address significant socio-
economic effects as part of their implementation planning. The NWMO has
confirmed that the socio-economic dimension is the key to the success of their
strategy for managing used nuclear fuel, and has committed to a process of
on-going engagement with affected communities. Sufficient resources and
information will be provided to ensure that these communities have the capacity
to participate in discussions and decision-making. The Draft Study Report
identifies five potential means to manage socio-economic effects - mitigation,
enhancement, compensation, monitoring and contingency measures, and
community liaison measures.
3.3.2 There appears to be some inconsistency regarding the role of the NWMO in
working with the current host communities as it develops its recommended
management approach and implementation plans. The Draft Study Report
clearly states that the NWMO will work collaboratively with affected
687
REPORT NO.: PSD-107-05
PAGE 9
communities to develop and implement the recommended management
approach, and it clearly identifies current reactor site communities as implicated
communities of interest for each of the management approach options under
consideration.
For example, in Table 4-11 of the Report, "Describing Implicated Communities
for the Four Management Approaches," the reactor site communities are
specifically identified as communities of interest until all used nuclear fuel is
relocated. Furthermore, the cost estimates developed by the NWMO for each
of the management approaches includes the costs for socio-economic
mitigation measures such as compensation. It would appear therefore, that the
NWMO had been planning to include the current host communities in
considerations for managing and mitigating the socio-economic effects related
to the adoption of Canada's new long-term used fuel management policy.
3.3.3 However, the NWMO has recently advised that the used fuel owners are
responsible for the interim management and storage of the used fuel, including
socio-economic effects management and mitigation. The NWMO would not
become involved in discussions or actions related to current interim storage
arrangements, and their obligations would not begin until the used fuel leaves
its current locations. Accordingly, the current host communities would need to
pursue the issue of socio-economic impact mitigation with the current fuel
owners as opposed to the NWMO.
Comments
3.3.4 The position taken by the NWMO that they have no responsibility for the used
nuclear fuel while it remains at the existing reactor sites does not recognize that
reactor site storage is integral to the success of APM. The continued safe
storage of the waste at the reactor sites for as short a period as 30 years or as
long as 90 years or beyond provides the NWMO with the assurances and
flexibility that it needs to ensure that APM is properly implemented. Indeed, the
NWMO has promoted Adaptive Phased Management as a blend of the other
three management approaches, including Reactor Site Storage. In this regard,
interim storage at the current reactor sites is the first step of Adaptive Phased
Management and the existing host communities should be considered as the
first host communities in the implementation of Adaptive Phased Management.
3.3.5 It also needs to be emphasized that the existing reactor sites were selected on
the basis of their suitability for the development of nuclear generating stations
and not for the long term storage of the used nuclear fuel. Similarly, the existing
host communities, in concurring with the interim storage of the waste on-site in
dry storage containers, did not concur with, nor did they receive compensation
for, an extended and potentially indefinite period of on-site storage. It should
be noted that AECL has been studying the issue of long term management of
used nuclear fuel since the 1970s and, since that time, deep geological
688
REPORT NO.: PSD-107-05
PAGE 10
disposal has been considered the most technically suitable approach.
Clarington has always anticipated that a long-term management solution for the
used nuclear fuel produced at the Darlington Generating Station would have
been built or at least approved within a reasonable time period.
3.3.6 It is imperative that existing host communities be treated fairly and equitably in
the implementation of APM. The NWMO should explicitly recognize their
importance to the successful implementation of APM, and clearly state its
intention to afford the current host communities the same considerations as a
new host community once APM is approved by the Government of Canada.
In this regard, the NWMO should specifically address the issue of
compensation and on-going peer review funding for existing nuclear host
communities.
3.4 Identifying a Willing Host Community
Discussion
3.4.1 Finding a willing host community for the long term waste management facility
within a reasonable time period is critical to the success of APM. In this regard,
the challenge facing the NWMO is unprecedented in Canada. The engagement
process with the various stakeholders and affected communities will need to be
innovative in order to keep them effectively engaged over a number of
generations. Education regarding radiation in general and nuclear waste
management specifically will be necessary in order to allow these groups to
make informed decisions and to counter the inevitable opposition that will arise.
3.4.2 A difficulty with the projected timeframe for identifying a host community
proposed by the NWMO (ie. 10 years) is that a number of important issues may
not be decided prior to the siting decision. Key among these is the volume of
waste that will be accepted at the new management site. The NWMO has
indicated that it will only deal with the used nuclear fuel from existing reactors.
3.4.3 The Municipality agrees that a decision on the long term management of this
waste cannot wait until the broader issues related to energy policy and the
future of nuclear power are decided. However, it should also be recognized
that a siting decision made in the absence of this important information may not
be fair to not only the potential host community, but other affected communities
as well. Given the cost, time and complexity involved with the current NWMO
process, it is reasonable to expect that used fuel waste from any new nuclear
generating stations will eventually be moved to an existing long term
management facility.
3.4.4 A comparable situation is faced by existing host communities. At the time the
decision was made to build the nuclear stations, these communities were not
aware that the used nuclear fuel would be stored at the reactor sites for a
689
REPORT NO.: PSD-107-05
PAGE 11
potentially indefinite period. Continuing refurbishments could extend the
projected operating lives of the generating stations, thereby adding to the
stockpile of used fuel waste that must be safely stored on-site and eventually
moved to a long term management facility. Therefore, it is important that any
potential host community be fully aware of the implications of accepting a long
term management facility for used nuclear fuel. "
Comments
3.4.5 The NWMO should commit to providing the necessary resources to enable
affected groups, including existing host communities, to be effectively involved
in the siting process and to make informed decisions. Such resources should
include education regarding radiation and nuclear waste management.
3.4.6 Given the number and diversity of communities involved in the siting process,
both now and in the future, the NWMO must recognize that a broad consensus
or a high degree of social acceptability will probably never be achieved. In
order to avoid paralyzing the siting process, the NWMO needs to develop
realistic criteria by which social acceptability within each community can be
determined.
3.4.7 The NWMO study must acknowledge that the siting process cannot move
forward in isolation from a broader discussion on energy policy and the future of
nuclear energy. This is critical to ensure that potential future host communities
are aware of the long term implications of accepting a management facility for
used nuclear fuel. Similarly, the host communities for any new nuclear
generating facilities must also have assurances that the used fuel waste will not
remain on-site indefinitely.
4.0 CONCLUSIONS
4.1 Adaptive Phased Management possesses the potential to provide a balanced
and effective strategy for the long term management of Canada's nuclear fuel
waste. However, the identification of APM and its approval by the Government
of Canada is only the first step in an implementation process that will span
many years and engage many future generations.
4.2 Given the enormity of the task facing the NWMO, the Municipality of Clarington
and the other existing host communities must continue to ensure that their
comments and concerns are heard and addressed by the NWMO. This is
important to ensure that the existing reactor sites do not become the long term
management solution by default and that appropriate compensation is provided
to these communities.
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REPORT NO.: PSD-107-05
PAGE 12
Attachments:
Attachment 1
Attachment 2
Attachment 3
Glossary of Terms
Key Steps in Implementation of Adaptive Phased Management
Executive Summary - ASL Peer Review Report
Interested parties to be advised of Council and Committee's decision:
Ms. Elizabeth Dowdeswell
Nuclear Waste Management Organization
Board of Directors
Nuclear Waste Management Organization
Advisory Council
Nuclear Waste Management Organization
Mr. Roger Anderson, Chair
The Regional Municipality of Durham
Mayor David Ryan
City of Pickering
Mayor Glenn Sutton
Municipality of Kincardine
Mayor Ann Aikens
Town of Deep River
Mayor Len Simpson
Town of Pinawa
Mayor Maurice Richard
Laville de Becancour
Mayor Norm McFarlane
City of Saint John
Mayor Rick Austin
Municipality of Port Hope
Mr. John Efford
Minister of Natural Resources Canada
Ms. Beverly Oda, M.P.
691
AECL
APM
ASL
CANHC
NWMO
Present Value
Attachment 1
to Report PSD-107-0S
Glossary of Terms
Atomic Energy of Canada Limited
Adaptive Phased Management
Acres/Sargent & Lundy (CANHC peer review consultant)
Canadian Association of Nuclear Host Communities
Nuclear Waste Management Organization
The amount of money that must be invested today to earn
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SL-008S21-Fina1.doc
ATTACHMENT 3
to Report PSD-I07-05
Nuclear Waste Management Organization
Independent Peer Review of
NWMO Draft Study Report
"Choosing a Way Forward"
Prepared for
Canadian Association of Nuclear Host Communities
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1. EXECUTIVE SUMMARY
1.1 OVERVIEW
Acres-Sargent & Lundy (ASL) was engaged by the Canadian Association of Nuclear Host Communities
(CANHC) to assist in its evaluation of Canada's Nuclear Waste Management Organization (NWMO) process
for the future management of Canada's used nuclear fuel. Specifically, CANHC requested ASL to review
NWMO's Draft Study Report "Choosing a Way Forward: The Future Management of Canada's Used Nuclear
Fuel." Accordingly, ASL performed a broad review of the Draft Study Report with the overall objective of
identifying issues or questions that CANHC should focus on as the NWMO continues its process.
The NWMO was established in 2002 under the Nuclear Fuel Waste Act (NFW A) to investigate approaches for
managing Canada's used nuclear fuel. The Nuclear Fuel Waste Act requires the NWMO to recommend a
preferred management approach to the Government of Canada by November 15, 2005. The NWMO will then
.implement the approach chosen by the Government. As noted in the NWMO's Fact Sheet 9, "The NWMO
Study Process," the NWMO has committed to "develop collaboratively with Canadians a management approach
that is socially acceptable, technically sound, environmentally responsible, and economically feasible."
The purpose of the Draft Study Report is to present the NWMO's recommended approach for the long-term
management of used nuclear fuel in Canada. The NFW A requires that the following three primary management
approaches, as a minimum, be studied: deep geological disposal,. storage at nuclear reactor sites, and centralized
storage. However, the NFW A also noted that other methods may be considered. Based on its assessment of the
three primary approaches, the NWMO decided that there is "considerable merit" in developing and assessing
another approach that leverages the strengths of the primary options while minimizing their risks and
unfavorable aspects. Accordingly, the NWMO developed a new option called Adaptive Phased Management
(APM) that is intended to capture the strengths and mitigate the limitations of the other options. The NWMO
has designated APM as the preferred management approach.
APM is essentially the deep geological disposal option, but with an extended schedule that specifically
incorporates steps and decision points that provide flexibility and adaptability during implementation. During
Phase I of the APM scheme, used nuclear fuel would remain at the current nuclear reactor sites under current
storage and monitoring conditions. Research would continue into technology improvements for used fuel
management. The key activity during this phase is the selection ofa preferred site and the decision of whether or
Project 11769-011
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not to construct a shallow central underground storage facility. If the decision is made to not construct the
shallow storage facility, then the used fuel would continue to be stored at the reactor sites until it is moved to the
deep repository during Phase 3. Phase 2 would begin with the operation of the underground research laboratory.
This laboratory would demonstrate the technology to be used and confirm that the selected site is suitable for a
deep repository. If the shallow storage facility is constructed, then used fuel would be transported there from the
reactor sites during this phase. If it is not constructed, the used fuel would remain at the reactor sites until
transported for placement in the deep repository . Phase 3 begins with the receipt of the operating license for the
deep repository. Assuming the shallow central storage facility was constructed in Phase 2, fuel transport and
repackaging would continue in Phase 3 with the fuel now being placed in the deep repository, and extended in-
place monitoring would begin. Access to the repository would be maintained to assess the performance of the
repository system and to allow retrieval of the used fuel, if desired. Finally, a decision on when to close and
decommission the deep geological repository facility would be made. Although the APM process is flexible, the
final disposition is firm, in that the used fuel will be disposed in a deep geological repository.
The following figure illustrates the impact on the duration of interim onsite storage associated with the different
management options.
Figure 1-1 _ Comparison of Potential Interim Storage Durations
Now
Years after Approach Selected
o to 20 30 40
50
60
70
80
90
100
?
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There are two key points illustrated in this figure. The first key issue is that the durations are all impacted by
how long it wi1l take before a decision is made to select an approach. The second key issue is that used nuclear
fuel could remain in interim storage at the current reactor sites for over 90 years from now. This duration may
exceed the storage capacity and licensing parameters for these facilities, and could create technical and security
concerns that were not envisioned when these facilities were designed and approved for short-teno interim
storage.
Overall, ASL believes that the Adaptive Phased Management. approach effectively addresses many of the
concerns or weaknesses associated with the other options, while building on their strengths. The Adaptive
Phased Management approach is technically reasonable and achieves its goal of providing balance relative to the
assessment attributes. It should be noted that while there are significant risks and costs, along with benefits,
associated with the APM, this approach is considered to be advantageous compared to the three primary
alternatives.
1.2 KEY ISSUES AND RECOMMENDATIONS
ASL identified several issues and corresponding recommendations during its independent peer review of the
Draft Study Report as summarized in Table 1-1. The issues related to the Draft Study Report are discussed in
Section 3; the issues related to Adaptive Phased Management are discussed in Section 4; and the issues related
to implementation planning are discussed in Section 5.
Table 1.1 - Issue and Recommendation Summary
Issue. .
Draft Study Report
There is a risk associated with an approach that combines
quantitative and qualitative assessment factors, in that more
weight can be given to quantifiable versus qualitative factors.
For example, while the Golder/Gartner Lee analysis
acknowledges the potential for significant cost impacts related
to social protests, it later notes that "the risks and costs are not
significant" for transporting used fuel in a centralized approach.
The NVl/MO should develop an
assessment of the qualitative risks and
costs included in its analysis, as well as an
assessment of the direct and implicit
assumptions, to ensure that appropriate
contingency measures have been
considered if extreme or unlikely events
occur. These assessments should be
included in the Final Study Report.
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The Golder/Gartner Lee assessment refers to the impact that
could result from opposition groups, such as the potential for
social protests that could affect the transportation of used fuel.
However, there is no formal discussion or assessment of
opposition groups, or a discussion of possible mitigating
measures needed to address this issue. This would be
relevant or could be a significant concern if these groups are
able to stop or change transportation options, which could
mean that onsite storage is extended or becomes the long-
term approach.
In discussions with ASL the NWMO clarified that certain socio-
economic impact mitigaiion measures, such as compensation
for the unavoidable or residual adverse impacts of the
management approaches, are not being considered for the
current host communtties. The NWMO noted that the used fuel
owners are responsible for the interim management and
storage of the used fuel, including socia-economic effects
management and mitigation. Accordingly, the NWMO would
not become involved in discussions or actions related to
current interim storage arrangements, and the NWMO's
obligations would not begin until the used fuel leaves its
current locations.
Adaptive Phased Management
The Draft Study Report, in Section 3.3, specifically discusses
the advantages and limitations of the three primary
management approaches (Deep Geological Disposal in the
Canadian Shield, Storage at Nuclear Reactor Sites, and
Centralized Storage). However, the report does. n~tl~c1ude a
comparable discussion of the advantages and limitations for
Adaptive Phased Management.
There is a potential that some of the decisions that are a
critical part of Adaptive Phased Management could be delayed
or deferred for longer than expected. Any type of delays would
require a continuation of interim storage, with the risk that 0'1-
site interim storage would become the de facto long-term
management approach. As noted throughout the Draft Study
Report, that option has several disadvantages, not the least of
which is the lack of fairness to the current host commUnities.
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Final
The NWMO should supplement its pubiic
engagement strategy as required to
assess the concems, positions, and
possible impact of potential opposition
groups. This assessment should be
performed during implemer)tation planning,
and mentioned in the Final Study Report.
The NWMO should clarify its position
towards the current host communities
relative to changes in the planned duration
of interim storage in the Final Study
Report. For example, the NWMO should
clearly state whether or not it plans to
afford the current host communities the
same considerations as new host .
communities for changes in interim storage
plans once a new national poticy is
decided upon.
The NWMO should develop a specific
discussion of Adaptive Phased
Management advantages and limttations,
comparable to the write-ups for the other
options found in Section 3.3. This .
discussion should be included In the FlOal
Study Report.
The NWMO shouid ensure that the
implementation plans for Adaptive Phased
Management consider the potential impact
of delaying or deferring decisions, and
should develop corresponding
contingencies and mitigation measures as
appropriate. For example, implementing
iegislation could include requirements t~at
the used fuel will be moved off-srte Within a
defined time-frame, or else certain
mitigation measures would go into effect.
This issue will have to be addressed
during implementation planning, but it
should be mentioned in the Final Study
Report.
SL-008S21 ~F inl1.docl071505
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The NV\lMO's Draft Study assesses the technical aspects of
transportation, such as the number of shipments, estimated
costs, and statistical accident rates. The Draft Study also notes
that there are significant economic benefits associated with
transportation, such as the number of jobs created. However,
the study does not fully address the negative socio-economic
impacts or the potential impact of opposition groups. If these
types of events effectiveiy stop implementation of Adaptive
Phased Management or another recommended approach,
then the status quo option of onsite storage will become the
default approach.
The potential duration of interim storage is impacted by how
long it will take to select a management approach. With the
recommended approach, Adaptive Phased Management, used
nuclear fuel could potentially remain in interim storage at the
current reactor sites for over gO years from now. This duration
may exceed the storage capacity and licensing parameters for
the interim storage facilities, and could create technical and
security concerns that were not envisioned when these
facilities were designed and approved for short-term interim
storage. For example, the security risks for locations near
heavily populated urban areas and adjacent to the Great Lakes
may be significantly increased if the duration of interim storage
significantly increases at these locations.
1-5
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The NV\lMO should ensure that
transportation issues are studied and
addressed in greater detail as it continues
its planning and implementation work. For
example, the implementation plan for the
recommended approach should include
contingency evaluations for selected
extreme events or unanticipated delays.
This issue will have to be addressed
during implementation pianning, but it
should be mentioned in the Final Study
Report.
Transportation issues should be
specifically addressed as the NWMO
develops (for the Final Study Report) a
recommended assessment of the
qualitative risks and costs included in its
analysis as discussed earlier in this report.
Given the potentially lengthy time frames
associated with Adaptive Phased
Management, the NV\lMO should confinm
and document that the existing reactor
sites have adequate storage capacity for
current and future used fuel inventories.
The storage capacity should consider both
potential facility and site space limitations
and constraints. This should be addressed
in the Final Study Report.
The NV\lMO should address the potential
increase in security risks associated with
an increase in the duration of interim
storage. This should be mentioned in the
Final Study Report and addressed in detail
during implementation planning. Also,
contingencies should be considered if
current sites are not able to obtain the
licenses required to support expansion
based on changes in the duration of
interim storage requirements.
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. Issue
Implementation Planning
The NWMO has had extensive engagement with Canadian
citizens regarding its work as discussed in Appendix 5 of the
Draft Study Report. This item was discussed with the NWMO
during the CANHC meeting in SI. Johns on June 3, 2005,
when a question was posed to the NWMO attendees regarding
the make-up of the participants in the engagement process
(that is, how many private citizens, how many people were
representing organizations, etc.). Appendix 5 of the Draft Study
Report lists the number of participants and organizations, but
does not analyze these data against expectations for
participation and the overall quality of the engagement
process. This information could provide valuable insight into
the effectiveness of the NWMO's engagement process and
indicate areas for improvement and lessons learned from their
experiences.
There appears to be some confusion or inconsistency
regarding the role of the NWMO in working with the current
host communities as it develops its recommended
management approach and implementation plans. The Draft
Study Report notes that "[the NWMO] will be responsible for
managing and coordinating the full range of activities related to
the long-term management of used nuclear fuel." The NWMO's
recommendation and implementation plan will affect the
current host communities, and it would seem that the NWMO
would take an active role in working with the current host
communities to manage and mitigate socio-economic effects
before the used fuel leaves interim storage. However, the
NWMO stated that it would not be involved with detailed
discussions or actions taken relative to mitigating socio-
economic effects until the used fuel leaves interim storage.
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It is recommended that the NWMO
develop and/or study data characterizing
the make-up of engagement participants to
verify the quality of the engagement
process and to identify areas for
improvement during implementation
planning. This issue will have to be
addressed during implementation
planning, but it should be mentioned in the
Final Study Report.
It is recommended that the NWMO clarify
its roie regarding current interim storage at
reactor sites, so that the current host
communities understand the roles and
responsibilities of the different
organizations Involved in developing
interim storage policies. This clarification
will support effective planning and
implementation of current and/or new
storage policies. This issue will have to be
addressed during implementation
planning, but it should be mentioned in the
Final Study Report.
Last page or Section 1.
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CI~ilJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Report #: PSD-108-05
File #: ZBA 2005-036
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 2001544 ONTARIO LIMITED (HALMINEN HOMES)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-1 08-05 be received;
2. THAT the application submitted on behalf of 2001544 Ontario Limited, to remove the
Holding (H) symbol be APPROVED and that the attached By-law to remove the Holding
(H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and
3. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
D d . Crome, M.C.I.P., R.P.P.
Dire or of Planning Services
Reviewed by:
.fJ
aVW7-
Franklin Wu,
Chief Administrative Officer
BH*CP*SJC*sh
August 26, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
69902
REPORT NO.: PSD-108-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner:
1.3 Rezoning:
2001544 Ontario Limited (Halminen Homes)
Walter Hugo
Removal of "Holding (H)" symbol from "Holding - Urban
Residential Exception ((H)R2-12) and ((H)R2-23)"
1.2 Applicant/Agent:
1.4 Location:
The area subject to the proposal is on the east side of
Townline Rd., south side of Gord Vinson Street in Part Lot 35,
Concession 1, former Township of Darlington, Registered Plan
40M-2259.
2.0 BACKGROUND
2.1 On May 20, 2005, 2001544 Ontario Limited applied for the removal of the "Holding (H)"
symbol for Registered Plan 40M-2259 located on the east side of Townline Road, south
side of Gord Vinson Street. The lands are subject to a draft approved Plan of Subdivision
18T -89037 allowing the creation of twenty three new single detached lots.
3.0 COMMENTS
3.1 The application has been reviewed in accordance with Sections 23.4.2 and 23.4.3 of the
Clarington Official Plan. Staff is satisfied that the following matters have been addressed
and approved to the satisfaction of the Municipality including but not limited to:
. Services and municipal works
· Submission of technical studies
· Execution of the appropriate agreements
The Finance Department has indicated that all taxes have been paid.
4. RECOMMENDATIONS
4.1 In consideration of the comments noted above, approval of the removal of the "Holding
(H)" symbol as shown on the attached by-law and schedule (Attachment 2) is
recommended.
Attachments:
Attachment 1: Site Location Key Map and Property Plan
Attachment 2: Zoning By-law Amendment
List of interested parties to be notified of Council's decision:
H. Halminen
Walter Hugo
69903
ATTACHMENT 1
to Report PSD-108-05
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ZBA 2005-036
Zoning By-law Amendment
(Removal of Holding Symbol)
Owner: 20015440 Ontario Limited
-
69904
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipaltty 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 fonmer Town of Newcastle to
implement application ZBA 2005-024;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the
zone designation from:
"Hoiding - Urban Residential Exception ((H)R2-12) and ((H)R2-23) Zone" to "Urban
Residential Exception (R2-12) and (R2-23) Zone"
As illustrated on the attached Scheduie "A" hereto.
2. Schedule "A" attached hereto shall fonm part of this By-law.
3. This By-law shail come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
2005
day of
BY-LAW read a third time and finally passed this
2005
day of
John Mutton, Mayor
Patti L. Barrie, Cierk
ATTACHMENT 2
to Report PSD-108-05
69905
This is Schedule "A" to By-law 2005-
passed this day of .2005 A.D.
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p9906
ClwillglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION
Date:
Tuesday, September 6,2005
Report #: PSD-109-05
File#: PLN 37.1.1
By-law #:
Subject:
ORONO COMMUNITY IMPROVEMENT PROJECT IMPLEMENTATION
COMMUNITY LIAISON GROUP
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-109-05 be received;
2. THAT the terms of reference for the Implementation of the Orono Community
Improvement Plan, Community Liaison Committee be accepted and that a
Council Liaison be appointed; and
3. THAT all interested parties listed for this report and any delegations be advised
of Council's decision.
Submitted by:
D vi J. Crome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed by: 1:.-
F klin Wu
~ Chief Administrative Officer
FL*DC*df
26 August 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
69907
REPORT NO.: PSD-109-05
PAGE 2
1.0 BACKGROUND
1.1 On September 15th, 2003 Council approved the preparation of a Community
Improvement Plan (CIP) for Orono. The terms of reference for the study called
for a community focus group, which was formed in October of 2003 and has
guided the study since that time.
1.2 The Community Focus Group assisted in guiding the study to its completion in
early 2005. Council adopted the Community Improvement Plan on March th,
2005 and submitted it to the Ministry of Municipal Affairs and Housing for
approval thereafter. MMAH approved the Community Improvement Plan with
minor modifications on July 14, 2005.
1.3 This Community Improvement Plan allows the Municipality to provide incentives
to business owners and property owners in the Orono BIA. It also includes
recommendations for works by the Municipality.
1.4 Part of the recommendations of the CIP was the formation of a community liaison
group that would continue to advise the Municipality during implementation and
act as a conduit for communication with Orono residents and business operators.
2.0 DESCRIPTION OF THE COMMUNITY LIAISON GROUP
2.1 The community liaison committee is structured in a similar way to the community
focus group; however, given that the mandate is quite different the recommended
size of the group is smaller and it is only anticipated that the group would meet 3-
4 times per year over the next 3 years.
2.2 Part of the implementation of the Community Improvement Plan is the ongoing
co-ordination between the various community organizations. The Municipality of
Clarington and Board of Trade have developed a working relationship and
communication with many of the stakeholders during the process, this
communication is essential to the ongoing implementation.
2.3 The terms for reference for the community liaison group (attachment 1) is
provided for information. The terms of reference provide Council with the option
of appointing a Council representative.
2.4 Advertisements have been placed in the Canadian Statesman, Orono Times and
municipal website for volunteers willing to serve on the community liaison group.
As per the terms of reference the Director of Planning Services has invited
volunteers representing a cross-section of the community and agencies to serve
on the liaison group.
69908
REPORT NO.: PSD-109-05
PAGE 3
2.5 Council could appoint a council liaison to assist with the ongoing implementation
of the Orono CIP. It is anticipated that the first meeting of the community liaison
group will be held in early fall.
Attachments:
Attachment 1 -
Terms of Reference for the Implementation of the Orono
Community Improvement Plan. Community Liaison Group
69909
TERMS OF REFERENCE
FOR THE COMMUNITY LIAISON GROUP
For the Implementation of the
ORONO COMMUNITY IMPROVEMENT PLAN
Attachment 1
to ReportPSD-109-05
BACKGROUND
In February of 2005, Clarington Council approved the Community Improvement Plan
(CIP) for the Orono area. The Ministry of Municipal Affairs and Housing was also
required to approve the CIP. The approved CIP for Orono describes the vision
statement as:
"Building on its unique natural setting, varied cultural events and history, Orono is a
vibrant community where residents enjoy an exceptional quality of life and visitors are
always welcome."
To ensure that the implementation of the CIP is successful, it. was determined that a
cross-section of community volunteers would be sought fmm Orono stakeholder groups,
property and business owners, and residents, including those that live outside the core
urban area of Orono. Representatives with knowledge of environmental, social/historic,
cultural/recreational and economic issues associated with Orono will also be welcomed.
MANDATE
The Orono CIP Community Liaison Group (OCLG) will ensure that the
recommendations identified in the Orono CIP are being pursued. The OCLG will provide
advice to the Director of Planning Services, from a community perspective, regarding
the implementation of the Community Improvement Plan and will bring to the table their
unique interests and perspectives. The OCLG will assist in communication with the
public, both residents and business owners in Orono, to ensure that the implementation
tools permitted in the CIP are known and utilized in the community. In performing these
functions, the OCLG will be expected to represent the views of both present and future
residents of Orono and the municipality as a whole. The members of the group shall
work cooperatively and in partnership with the Municipality and the Clarington Board of
Trade to help implement the CIP in Orono.
SCOPE OF ACTIVITIES
The OCLG, in fulfilling its mandate, is to provide advice to the Municipality and
communicate information back to their respective stakeholder groups, where
appropriate regarding the CIP implementation. The Committee will review information
69910
associated with the implementation of the CIP and provide comment on the success of
the CIP implementation. Further to this, the OCLG members will be active in the
community, ensuring that both residents and business owners are well-aware and able
to access the implementation tools outlined in the CIP.
While individual members of the OCLG may represent various interest groups, the
opinions and positions taken by the members and the OCLG are not binding, in whole
or in part, on either Clarington Councilor the groups they represent.
MEMBERSHIP
The OCLG is a volunteer Committee and shall consist of 6 citizen members. The
Director of Planning Services shall seek to appoint members representing a variety of
interests from Orono stakeholders, including, but not limited to:
o Orono Fair Board
o Orono BIA
o 35/115 Business Operator
o Orono Business Operator
o Orono Crown Land Trust
o Orono Town Hall
o Great Canadian Town Band Festival
o Orono Property Owner and Resident
o LACAC
o Orono Horticultural Society
o Durham County Senior Citizens Lodge
o Clarington Resident
Members may represent more than one specific interest. Council may appoint a
Council Liaison to serve on the OCLG. Staff representatives from both the Planning
Services Department and the Clarington Board of Trade shall be appointed to sit on the
Committee as non-voting members. Other staff members will be asked to assist at
specific stages of the CIP implementation.
69911
Members appointed to sit on the OCLG must be willing to commit the time required to
understand and evaluate the information provided, as well as be open-minded to
various opinions and perspectives of other members of the OCLG.
Openings for membership shall be sought from stakeholder groups and also from the
community focus group who assisted with the CIP. Members will be formally appointed
,
by the Director of Planning Services.
The Council representative shall sit as the interim Chair. The OCLG will select a Chair
and Vice-Chair from among its membership. The Chair shall provide leadership to the
OCLG, ensure that the OCLG carries out its mandate, and acts as the primary liaison
between the OCLG and Staff.
If an individual member is unable to attend a meeting, he/she may request permission
from the Chair to send an alternate, at least 24 hours in advance of the meeting. The
Chair shall advise the Director of Planning Services of any member who is absent for
three consecutive meetings, and may request that the member be removed from the
Committee. The Chair shall also advise the Director of the resignation of any member.
The Director may appoint new members to the OCLG to fill any vacancies as required.
TECHNICAL SUPPORT
Municipal staff will provide clerical, administrative and technical assistance to the
OCLG. Staff will share technical information and assist in the interpretation of this
material.
TERM OF THE COMMITTEE
The term of the Committee is for three years beginning on the 1st of September 2005
and ending on the 31th of August 2008.
MEETINGS
OCLG meetings shall be held at the Orono Town Hall. The OCLG shall meet at the call
of the chair approximately four times per calendar year. The Chair in consultation with
staff shall set the agenda for each meeting.
69912
The OCLG will attempt to work on a consensus basis; quorum shall be half the
membership (4). In the event that a consensus cannot be reached and there are
divergent opinions on issues, formal votes may be called by the Chair, with each
member having one vote. Decisions will be carried by a majority of the members
present.
REPORTING
The OCLG indirectly reports to Council through the Director of Planning Services. The
OCLG will be expected to review and make comments from time to time regarding the
degree of success to which the CIP is achieving. The OCLG's comments may be
included in staff reports forwarded to or presented to Council on matters pertaining to
the CIP area.
CONFLICT OF INTEREST AND CONFIDENTIALITY
It is understood that OCLG members who are residents of Orono will be affected by the
proceedings and topics of discussion regarding the implementation of the CIP; this in
itself does not constitute a conflict of interest. However, where an improvement would
be of an individual rather than a collective benefit(s), the member should declare a
conflict of interest and refrain from the debate and decision on that matter.
It is further understood that the discussion and individual opinions of the members will
be held in confidence by all members of the OCLG.
DELEGATIONS TO OCLG
Orono Community Liaison Group meetings are open to the public. Should a member of
the public wish to make representation to the OCLG they will be required to register in
advance of the meeting and will be allowed a 10 minute presentation, question and
answer period on the agenda. Participation of the public at the meeting will be at the
discretion of the Chair.
69913
CI~mgron
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
TUESDAY SEPTEMBER 6,2005
Resolution #:
Report #: EGD-27-05
File#:
By-law #:
Subject:
REGULATORY MAXIMUM SPEED LIMITS, LAKESHORE ROAD
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-27-05 be received;
2. THAT the regulatory speed limit on Lakeshore Road be posted as 50km/hr in
three sensitive areas:
. Near Port Granby,
. Between #4351 and #4430,
. Between Riley Road and the CPR tracks at Stephenson Road;
3. THAT the regulatory speed limit on the remaining sections of Lakeshore Road
between Stephenson Road and East Townline Road be posted at 60 km/hr; and
4. THAT the proposed by-law, to amend by-law 91-58, attached to Report EGD-27-
05 be approved.
Respectfully by,
I!(I~II(L
Submitted by: A.S. Cannella
Director of Engineering Services
~
Reviewed by: Franklin Wu
f-l Chief Administrative Officer
ASCljo
August 3, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282
701
Report #EGD-27'{)5
Page 2
1.0 BACKGROUND
1.1 A request was made by a number of residents for a review of the posted speed
limits along Lakeshore Road from Riley Road to East Townline Road. The
residents requested that the posted speed be reduced from an unposted 80
km/hr to a posted 60 km/hr area.
2.0 COMMENT
2.1 Roadwav Desian and Limitations
Lakeshore Road is located within the broken front area of the former Clarke
Township, south of Concession Road 1. The road meanders along the lake
shore making a number of alignment changes due to streams, valley areas and
railway lines. There are no posted regulatory speed limit signs, but there are
many advisory speeds posted along curves. A speed study was performed on
the numerous curves located along Lakeshore Road to update the safe operating
speed and advisory posting which should be installed. Due to the number of
advisory speed reduction areas and the nature of the roadway, it would be
reasonable to post a regulatory speed limit of 60 km/hr rather than the usual 80
km/hr limit expected on most straight rural concession roads.
There are three specific areas where a further speed reduction to 50 km/hr would
improve safety.
· Motorists approaching Port Granby are challenged by sharp curves and
additional curves through the small community, which includes a bridge.
· An area of Lakeshore Road, west of Newtonville Road, between property
#4351 and #4430 has a number of safety concerns, including curves, a
bridge, hidden driveways and narrow road.
· The area of Lakeshore Road between Riley Road and Stephenson Road
has a sharp bend, hidden driveways, an elevated narrow timber bridge
and an at-grade railway crossing. An extension of the posted 50 km/hr
zone from Riley Road to Stephenson Road north of CPR tracks would
improve safety.
702
Report #EGD-27-05
Page 3
Lower regulatory speed limits of 50 or 60 km/hr would enable motorists to
transition to other even lower advisory speed reductions of between 20 and 40
km/hr at curves with greater ease.
2.2 Roadwav Uses
The majority of motorists would agree that Lakeshore Road is not designated for
high speeds and often enjoy this roadway for a "Sunday Drive". The other
combined uses such as the Waterfront Trail and farming activity along this
meandering roadway should encourage a leisurely pace. Posting a regulatory
speed of 60 km/hr along the majority of this roadway and further reductions to 50
km/hr in specific areas would provide a greater level of comfort for motorists and
cyclists sharing this roadway. Any motorists requiring faster east-west
connections should be using Concession Road 1, Durham Highway 2 or the
Provincial 401 expressway. The Municipality of Port Hope previously posted
Lakeshore Road from East Townline Road to Port Hope as a 60 km/hr zone in
part, due to the use as the Waterfront Trail.
3.0 CONCLUSIONS
3.1 Regulatory speed reductions on Lakeshore Road would improve safety and
should be presented to Council for consideration. If approved, appropriate
signage would need to be installed by the Operations Department.
Attachments
Attachment 1 - Key Map
Attachment 2 - Proposed by-law to amend by-law 91-58
List of Interested Parties:
Fred Horvath, Manager of Operations
Inspector Bill Temple, Durham Regional Police
703
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ATTACHMENT # ~ TO
REPORT# EAb-,;r7-c5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005
Being a By-law to amend By-law 91-58, as amended, being a By-law to Regulate
Traffic on Highways, Municipal and Private Property in the Municipality of
Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it desirable
to amend By-law 91-58;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1) Schedule XX "Maximum Rate of Speed - 60 kilometres per hour" of By-law 91-58 is
amended by:
A) Delete the following reference:
Column 1
H io hwav
Lakeshore Rd
(Clarke)
Column 2
From
Column 3
To
700m west of Nichols Rd
240m east of Lancaster Rd
B) Adding the following reference:
Column 1 Column 2 Column 3
Hiohwav From To
Lakeshore Rd Stephenson Rd West limit of #4351
(Clarke) Lakeshore Rd
Lakeshore Rd 400m west of Newtonville Rd Lancaster Rd
(Clarke)
Lakeshore Rd 650m west of Nichols Rd East T ownline Rd
(Clarke)
2) Schedule XIX "Maximum Rate of Speed - 50 kilometres per hour" of By-law 91-58
is amended by:
A) Adding the following reference:
Column 1
Hiqhwav
Lakeshore Rd
Lakeshore Rd
(Clarke)
Lakeshore Rd
(Clarke)
Column 2
From
Column 3
To
Riley Rd
50m north of Canadian Pacific (Clarke)
Railway, Stephenson Rd
West limit of #4351
Lakeshore Rd
400m west of Newtonville Rd
Lancaster Rd
650m west of Nichols Rd
3) This By-law shall come into force and take effect on the date approved by Council and when
signs to the effect are e reeled.
705
BY -LAW read a first and second time this 12th day of September, 2005.
BY -LAW read a third time and finally passed this 12th day of September, 2005.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
706
CWilJgton
REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday September 6, 2005
Report #: EGD-28-05
File#:
By-law #:
Subject:
PARKING VARIOUS LOCATIONS - PROPOSED AMENDMENTS TO BY-LAW
91-58
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-28-05 be received;
2. THAT the General Parking and Stopping Regulation section of Traffic By-law 91-58 be
amended to provide the Director of Engineering Services greater latitude in authorizing
the posting of stopping/parking prohibitions if required near:
-schools, parks and playgrounds
-crosswalks
-private roadways or driveways serviced by large vehicles
-intersections
3. THAT parking be prohibited on various sections of Sandringham Drive, Courtice from
Durham Hwy 2 to Trulls Road in accordance with details contained in this report;
4. THAT parking be prohibited on the south side of Nash Road from Townline Road North
to Centerfeild Drive, Courtice;
5. THAT parking be prohibited on the north side of Nash Road from Trulls Road to Fourth
Avenue, Courtice;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
707
REPORT NO.: EGD-28-05
PAGE 2
6. THAT parking be prohibited on the West side of Fourth Avenue from Nash Road to
Westmore Street, Courtice
7. THAT parking be prohibited on the north side of Meadowglade Road from Prestonvale
Road to Robert Adams Drive, Courtice;
8. THAT parking be prohibited on the west side of Robert Adams Drive from Meadowglade
Road to Glenabbey Drive, Courtice;
9. THAT parking be prohibited on the east side of Robert Adams Drive from White Cliffe
Drive to Renwick Road, Courtice;
10. THAT parking be prohibited on the west side of George Reynolds Drive from Devondale
Street to Dunkin Avenue, Courtice;
11. THAT parking be prohibited on sections of Prestonvale Road between Glennabbey
Drive and Bloor Street and adjacent to the South Courtice Arena;
12. THAT parking be prohibited on the west side of West Side Drive from Baseline Road to
Botrell Street, Bowmanville;
13. THAT parking be prohibited on both sides of St. George Street. between Queen Street
and Church Street, Bowmanville
14. THAT Council approve the by-law attached to Report EGD-28 -05; and
15. THAT the interested parties listed within this report be provided with a copy of this
report and Council's decision.
dJ
Submitted by: Anthony Cannella, C.E.T.
Director of Engineering Services
t ~\
Reviewed by: /1( In Wu,
_ {;-1 Chief Administrative Officer
ASC/RDB/jo
August 18,2005
708
REPORT NO.: EGD-28-05
PAGE 3
1.0 BACKGROUND
A number of requests for parking revisions, require amendments to Traffic By-law 91-58.
Those requests from the public and staff are listed below for Councils consideration.
2.0 COMMENT
2.1 Parking
Parking regulations and the posting of prohibition signs can reduce motor vehicle
collisions by improving sight lines and traffic flow. Although general restrictions, such as
the "Three hour parking limit", can reduce many parking problems, staff often receive
requests for more permanent prohibitions and signage in higher complaint areas.
2.2 General Parking and Stopping Regulations of By-law 91-58
The Director of Engineering Services has authority under section 3 of Traffic By-law 91-
58 to authorize the placement of temporary "No Parking and No Stopping" signs to
address traffic and safety concerns as well as authorize other official signs as required to
give effect to provisions of the by-law. The general parking and stopping regulations
enables prohibition signs to be installed quickly to address localized safety concerns with
out the necessity of listing these small areas in the parking/stopping schedules. In some
cases signs are installed on a larger scale, temporary basis, and if successful, are later
listed within a by-law amendment to bring the by-law schedules up to date. These
general regulations are especially important near schools where signs can be installed or
removed to reflect ever changing parking issues. There are a number of existing
"general provisions limiting the extent of prohibitions which could be modified to provide
greater flexibility and improve safety at some locations. The proposed changes include:
a) Changing wording from "adjacent" to a school, park or playground, to include, "or
within 150 m". This change is important because some school parking issues can
flow 50m to 150m beyond the boundary of the actual property.
b) Changing wording from "10m" of a crosswalk to "30m" of a crosswalk. This would
permit an extension of the no stopping area in some sensitive school crossing
709
REPORT NO.: EGD-28-05
PAGE 4
areas if the standard 10m distance is deemed not to be sufficient due to sight line
or other issues
c) Introducing the ability to install prohibitions near private roadways or driveways
where larger vehicles require access. Prohibition signs could be posted when the
standard regulation, such as within 1 m of a driveway does not permit space for
larger vehicles to manoeuvre due to parked vehicles beside or across from a
driveway.
d) Prohibiting where necessary parking within "30m" of two Clarington roadways
rather than "10m". Presently the 30m distance only pertains to intersections of
Clarington roadways at Regional roadways.
All of the above prohibitions, would require the posting of signs at any locations where
they would be implemented to ensure that motorists are aware of the restrictions.
2.3 Sandringham Drive, Courtice
On January 17, 2005 Alana Saunlier appeared as a delegation with a petition dated Jan
6, 2005 requesting parking exemptions and limiting parking to one side of the street.
Engineering responded with a letter dated February 4, 2005 to Alana Saunlier advising
why we could not provide her with parking exemptions and that the request for parking
prohibitions on one side of the street to improve traffic flow would be considered. Staff,
have now completed the review and support the public request to prohibit parking on one
side. The Courtice key map shows the parking plan which shifts the parking to different
sides based on parking opportunities and, sight lines. The section of Sandringham
Drive, between Glenabbey Drive and Claret Road is a high complaint area and should be
posted as "No Parking" on "both" sides rather than one, due to the curve and intersection
spacing to improve safety. If approved by Council, signs will need to be installed by the
Operations Department.
2.4 Nash Road, Townline Road N to Centerfield Drive, Courtice
Schedule II "No Parking" of By-law 91-58 should be updated to confirm the No Parking
requirement on the south side of Nash Road, between Townline Road N and Centerfield
Drive. Off-set pavement marking was applied during the fall of 2004 at the request of
residents to improve traffic flow on this busy section of Nash Road and reinforce the No
710
REPORT NO.: EGD-28-05
PAGE 5
Stopping/No Parking signage near St. Worden Public School. Some signs are in place
now however additional signage will need to be installed by the Operations Department.
2.5 Nash Road, Trulls Road and Fourth Avenue, Courtice
Nash Road between Trulls Road and Fourth Avenue, Courtice requires additional "No
Parking" regulations on the north side to improve safety in front of Courtice North Public
School and the intersections with Trulls Rd and Richfield Squire. Some additional
signage will need to be installed by Operations.
2.6 Fourth Avenue, Nash Road to Westmore Street, Courtice
Two residents of Fourth Avenue requested that parking be limited to one side to prevent
the problem of parents parking on both sides of the street and preventing reasonable
access to residents and emergency services. This road was reconstructed during 2004
with a new pavement width of 8M with curb and gutter. Staff agree that prohibiting
parking on the west side would improve access for residents and still provide ample'
parking on the east side for short term parking. Operations would need to install signage
in this area.
2.7 Meadowglade Road, Prestonvale Road to Robert Adams Drive, Courtice
This road section is near Dr. G.J. MacGillivray P.S. where congestion occurs during
school periods. This congestion combined with intersection spacing, a school crossing
guard and fire hydrants offers very little parking on the north side. Prohibiting parking on
the north side would improve safety while leaving sufficient parking on the south side
beyond the school property. Some signage is in place near the school however
additional signage would need to be installed by Operations.
2.8 Robert Adams Drive, Meadowglade Road to Glenabbey Drive
This road section is also near Dr. G.J. MacGillivray P.S. where congestion occurs and
the school has expressed concerns about the movement of school buses, parents and
pending residential home construction activities. Prohibiting parking on the west side
between Medowglad Road and Glenabbey Drivewould improve safety while leaving
711
REPORT NO.: EGD-28-05
PAGE 6
2.9 Robert Adams Drive, Courtice
At the request of residents, Robert Adams Drive was posted as no parking on the
east side between'White Cliffe Drive and Renwick Road to improve safety on this
sharp bend. The results have been considered successful and the parking
prohibition should now be listed in the schedules to by-law 91-58.
2.10 George Reynolds Drive, Courtice
At the request of residents, George Reynolds Drive was posted as "No Parking"
on the west side between Devondale Street and Dunkin Avenue to improve
safety near the park during 2004. The results have been considered successful
and the parking prohibition should now be listed in the schedules to by-law 91-
58.
2.11 Prestonvale Road, Glenabbey Drive to Bloor St and adjacent to the South
Courtic Arena, Courtice
A concern was raised from a resident, Syd Wordon, regarding patrons from the
south Courtice Arena parking on Prestonvale Road creating safety problems on
the curve. To immediately address the concern, the Director of Engineering
Services authorized the installation of "No Parking" signs from 330m south of
Bloor St to 660m south of Bloor Street during 2005 to improve safety in this area.
The section of Prestonvale Road between Meadowglade Road and Bloor Street
was constructed at a width of 7m. Although no complaints have been received,
"No Parking" signs should be installed on both sides of the roadway prior to
additional development to ensure the safe movement of traffic. The section of
Prestonvale Road between Glenabbey Drive and Meadowglade Road was
constructed with a parking lane on a portion of the west side but parking will need
to be prohibited from the east side before additional development occurs.
Operations would need to install signage in these areas.
712
REPORT NO.: EGD.2S-QS
PAGE 7
2.12 West Side Drive, Baseline Road to Bottrell Street, Bowmanville
This area includes Dr. Ross Tilley Public School. Prohibiting parking on the west side
"
would leave ample parking on the east side which is green space south of the school.
Although some signage is in place near the school, additional signage would need to be
installed by Operations.
2.13 S1. George Street, Queen Street to Church Street, Bowmanville
A number of complaints were received from Mr. Rowden and his neighbours in this area
regarding vehicles parking on both sides of the roadway impeding vehicular traffic and
blocking larger vehicles. Due to the urgency of this request signs were installed at the
direction of the Director of Engineering Services to permit the safe movement of traffic
during 2005. The traffic by-law should now be amended to prohibit parking from both
sides of St. George Street from Queen Street to Church Street to update the schedules.
3.0 CONCLUSION
The attached by-law amendment should be reviewed and approved by Council to
address a number of parking concerns within the municipality.
Attachments:
Attachment 1 -
Attachment 2-
Attachment 3 -
Key Map Courtice Area proposed changes
Key Map Bowmanville Area proposed changes
Proposed by-law amendment to by-law 91-58
Interested parties to be advised of Council's decision:
Ms. Alana Saunlier
713
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ATTACHMENT fI 3 m
l,con'1T H rf:.f>-.;28'.q)
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to amend By-law 91-58, as amended, being
a By-law to Regulate Traffic on Highways, Municipal and
Private Property in the Municipality of Clarington.
WHEREAS the Council of the Corporation of the Municipality of Clarington
deems is desirable to amend By-law 91-58;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1) General Parking and Stopping Re9ulations Section 4 is amended by:
A) Deletin9 the following reference(s):
(8) Where official signs to that effect are displayed, no person shall on
any highway stop any vehicie:
(B) any time or between the hours and on the days set out on
the official signs on one or both sides of a highway or portion
of a highway which is immediately adjacent to a school;
(9) Where official signs to that effect are displayed no person shall park
any vehicle:
(A) within 30 m of a King's Highway or Regional Road on an
intersecting highway under the jurisdiction of the Municipality
of Clarington;
(E) anytime on one or both sides of a highway or portion of a
highway which is immediately adjacent to a park or
playground;
B) Adding the following reference(s):
(8) Where official signs to that effect are displayed, no person shall on
any highway stop any vehicle:
(B) any time or between the hours and on the days set out on
the official signs on one or both sides of a highway or portion
of a highway which is adjacent to, or within 150 m of school,
park or playground property;
(D) any time or between the hours and on the days set out on
the official signs on one or both sides of a highway or portion
of a highway which is within 30 m of any crosswalk;
(E) any time or between the hours and on the days set out on
the official signs on one or both sides of a highway or portion
of a highway which would obstruct or restrict large
commercial or recreational vehicles in the use of a private
roadway or driveway;
716
(9) Where official signs to the effect are displayed no person shail park
any vehicle:
(A) within 30 m of a King's Highway, Region of Durham Road, or
Municipality of Clarington Road on an intersecting highway
under the jurisdiction of the Municipality of Clarington;
(E) any time or between the hours and on the days set out on
the official signs on one or both sides of a highway or portion
of a highway which is adjacent to, or within 150 m of school,
park or playground property;
2) Scheduie "NO PARKING" of By-law 91-58 is amended by:
Column 1 Column 2 Column 3 Column 4
Prohibited
Hiohwav Side Between Times or Davs
Sandringham Dr. South Trulls Rd. & Stuart Rd. anytime
(Courtlee)
Sandringham Dr. North Stuart Rd. & Grandviile Dr. anytime
(Courtlee)
Sand ring ham Dr. South Grandviile Dr. & Yorkville Dr. anytime
(Courtice)
Sandringham Dr. North Yorkville Dr. & Glenabbey Dr. anytime
(Courtice)
Sandringham Dr. Both Glenabbey Dr. and Claret Rd. anytime
(Courtice)
Sandringham Dr. East Claret Rd. & Durham Hwy 2 anytime
(Courtiee)
Nash Rd. South Townline Rd. N. & Centerfield Dr. anytime
(Courtiee)
Nash Rd. North Truils Rd. & Fourth Ave. anytime
(Courtice)
Fourth Ave. West Nash Rd. & Westmore St. anytime
(Courtiee)
Meadowglade Rd. North Prestonvale Rd. & Robert Adams Dr. anytime
(Courtiee)
Prestonvale Rd. Both 330 m south of Bloor St. &
(Courtiee) 660 m south of Bloor St. anytime
Prestonvale Rd. Both Bloor St. & Meadowglade Rd. anytime
(Cou rtiee)
Prestonvale Rd. East Glenabbey Dr. & Meadowglade Rd. anytime
(Courtice)
Prestonvale Rd. West Glenabbey Dr. & 60 m south
(Courtiee) of Glenabbey Dr. anytime
Robert Adams Dr. West Meadowglade Rd. & Glenabbey Dr. anytime
(Courtiee)
717
Robert Adams Dr. East White Cliffe Dr. & Renwick Rd. anytime
(Courtice)
George Reynolds Dr. West Devondale SI. & Dunkin Ave. anytime
(Courtice)
West Side Dr. West Baseline Rd. & Bottrell St. anytime
(Bowmanville)
St. George St. Both Queen St. & Church St. anytime
(Bowmanville)
3) This By-law shall come into force and take effect on the date approved by
Council and when signs to the effect are erected.
BY-LAW read a first and second time this 12th day of September, 2005.
BY-LAW read a third time and finally passed this 12th day of September, 2005.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
718
ClfJ!ington
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Resolution #:
Report #: EGD-29-05
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JUNE, 2005.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-29-05 be received for information.
S"bmmedby, ~
A. S. Cannella, CET.
Director of Engineering Services
. R,,',w,d bY'~
-Franklin Wu
# Chief Administrative Officer
ASC'RP'bb
August 19, 2005
,
----...
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
719
REPORT NO.: EGD-29-05
PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of June 2005, Staff wish to
highlight the following statistics for the information of Committee and Council.
l'li
MONTH OF JUNE YEAR TO YEAR TO % CHANGE
OF VALUE
2005 DATE 2005 DATE 2004 YTD 05-04
Permits Issued 166 624 854 -26.90/.
VALUE OF CONSTRUCTION
Residential $23,685,655 $79,031,808 $112,139,1~ -29.5'"
Industrial $100,00a $121,600 $1,857,56 -93.5'/,
Government $71,00e $273,500 $2,220,00C -87.70/.
Commercial $1,456,00C $5,059,338 $7,630,94f -33.7'/,
Institutional $C $3,500 $19,959,800 -100.0'/'
Agricultural $101,80C $522,148 $520,914 0.20/.
OPG $a $0 $80,000 N/A
Miscellaneous $70,00a $149,093 $32,900 353.2'"
TOTAL $25,484,455 $85,160,981 $144,441,240 -41.0%
'I
The following is a historical comparison of the building permits issued for the month of "JUNE"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of "June"
$40,000,000
$35,000,000
$30.000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
IliIvalue
Historical Data "YEAR TO DATE"
$160,000,000
$140,000,000
$120,000.000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
$0
m value
720
REPORT NO.: EGD-29'()S
PAGE 3
'.
The following is a comparison of the types of dwelling units issued for the month of "JUNE"
and "YEAR TO DATE".
"
Dwelling Unit Type ''YEAR TO DATE
2005"
DY{elling Unit Type "JUNE 2005"
37
Apartment
25%
51
Single
Detached
33%
182
Semi-
Detached
39%
196
Single
Detached
42"-'>
27
Townhouse
18%
36
Semi-
Detached
24%
II Single Detached 51
lSl Semi-Detached 36
l3Townhouse 27
EI Apartment 37
II Single Detached 196
Cl Semi-Detached 182
o Townhouse 40
13 Apartment 44
1.2 With respect to building permit activities (over $250,000) and large residential building
permit activities, the details are provided as follows:
.
APPLICANT CONSTR TYPE LOCATION VALUE
A. W. C. Realty Ltd. Addition - Industrial Bldg 60 Courtice Court $100,000
Clarington Hyundai Inc Retail Building 17 Spicer Square $1,400,000
Port of Newcastle Homes Condominium 385 Lakebreeze Dr $1,917,920
Port of Newcastle Homes Condominium 375 Lakebreeze Dr $1,917,920
Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building
Permit
721
Municipality of Clarington
Building Services. Monthly Activity Report
June
2005
2005 2004
Type of Construction June June June Year'tQ Date
Residential: Single Detached 51 196 68 296
Semi-Detached 36 182 79 268
Townhouse 27 40 13 85
Apartment 3 6 2 2
Other Construction 36 122 27 126
Sub Total 153 546 189 777
Industrial: New Building 0 0 2 2
Addition/Alteration 1 4 4 6
Sub Total 1 4 6 8
Government: New Building 1 5 1 1
Addition/Alteration 0 0 0 1 .
Sub Total 1 5 1 2
Commercial: New Building 2 5 3 9
Addition/Alteration 1 16 0 15
Sub Total 3 21 3 24' "
Institutional: New Building 0 0 0 2
Add ition/ Alte ration 0 1 3 6
Sub Total 0 1 3 8
Agricultural: New Building 3 8 3 10
Addition/Alteration 1 2 0 2
Sub Total 4 10 3 12
Ontario Hydro: New Building 0 0 0 0
Addition/Alteration 0 0 0 1
Sub Total 0 0 O. 1
HVAC, Plumbing & Miscellaneous: 3 24 3 13
Demolition: 1 13 4 9
TOTALS 166 624 212 854
2005 2004
June June June Year to Date
Residential: $23,685,655 $79,031,808 $29,703,004 $112,139,111
Industrial: $100,000 $121,600 $1,837,569 $1,857,569
Government: $71,000 $273,500 $2,200,000 $2,220,000
Commercial: $1,456,000 $5,059,338 $2,542,232 $7,630,946
Institutional: $0 $3,500 $350,000 $19,959,800
Agricultural: $101,800 $522,148 $193,240 $520,914
Ontario Hydro: $0 $0 $0 $80,000
Miscellaneous: $70,000 $149,093 $8,100 $32,900
TOTALS $25,484,455 $85,160,987 $36,834,145 $144,441,240
722
June
2005
2005
PERMIT FEES
June
$174,032
June
$551,453
June
$225,885
2004
Year to Date
$968,331
2005 2004
June June June . Year to Date
Building Inspections 763 4408 1083 3893
Plumbing Inspections 543 3249 802 2706
TOTALS 1306 7657 1885 6599
2004
June June June Year to Date
Single Detached 51 196 68 296
Semi-Detached 36 182 79 268
Townhouse 27 40 13 85
Apartments 37 44 17 17
TOTALS 151 462 177 666
YEAR: 2005 1997
AREA (to 2004 2003 2002 2001 2000 1999 1998 1996 1995
month\
Bowmanville 168 587 468 345 312 188 184 313 423 217 229
Courtice 122 173 180 133 129 231 296 254 295 331 170
Newcastle 141 191 123 131 76 110 78 4 5 3
Wilmot Creek 15 25 29 38 24 19 21 33 21 16 16
Orono 1 2 1 1 1
Darlington 9 15 13 17 47 102 31 14 20 17 21
Clarke 2 10 16 15 9 17 17 12 20 10 7
Burketon 1 1 1 1 1 1 2
Enfield 3
Enniskillen 1 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2 1
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
leskard 1 1
Maple Grove 1
Mitchells Corners 1
New10nville 1 5 3 3 3 1 2 2
Solina 1 3 3 1 1
Tyrone 3 9 3
TOTALS 462 1015 843 701 609 679 640 636 801 601 447
723
Clflliggton
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6, 2005
Resolution #:
Report #: EGO-3D-OS
File #:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR JULY, 2005.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGO-3D-OS be received for information.
Submitted by:
A. S. Cannella, CET.
Director of Engineering Services
Re';ewed bY'c:;ilr.w
. Franklin Wu
/61 Chief Administrative Officer
ASC'RP'bb
August 22, 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824
724
REPORT NO.: EGD-30-05
PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of July 2005, Staff Wish to
highlight the following statistics for the information of Committee and Council.
, % CHANGE
. MONTH OF JULY YEAR TO YEAR TO OF VALUE
2005 DATE 2005 DATE 2004 YTD 05-04
Permits Issued 137 761 932 -18.3%
VALUE OF CONSTRUCTION
Residential $15,699,1731 $94,730,981 $117,123,92E -19.1%
Industrial $301 ,OO~ $422,60C $1 ,882,56~ .77.6%
Government $60,000' $333,50C $2,225,00C -85.0%
Commercial $294,453 $5,353,791 $7,927,344 -32.50,\
Institutional $30,000 $33,500 $20,085,525 -99.8%
6,gricultural $2,960,115 $3,482,263 $652,246 433.9%
OPG $11,000 $11,000 $80,000 -86.3%
Miscellaneous $4,000 $153,093 $36,900 314.9%
OTAl $19,359,741 $104,520,728 $150,013,510 -30.3%
The following is a historical comparison of the building permits issued for the month of "JULY"
and "YEAR TO DATE" for a three year period.
Historical Data for Month of "July"
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
I!Ivalue
Historical Data "YEAR TO DATE"
$160,000,000
$140,000,000
$120,000,000
$100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
$0
2005 2004 2003
I!Ivalue $104,520,728 $150,013,510 $76,217,080
725
REPORT NO.: EGD-30-0S
PAGE 3
The following is a comparison of the types of dwelling units issued for the month of "JULY" and
"YEAR TO DATE".
Dwelling Unit Type "JULY 2005"
12
Apartment
12%
34
Single
Detached
34%
Dwelling Unit Type ''YEAR TO DATE
2005" . 56
Apartment
10%
44
Semi.
Detached
45%
226
Semi-
Detached
40%
230
Single
Detached
41%
II Single Detached 34
~ Semi-Detached 44
o Townhouse 9
E1l Apartment 12
Ii Single Detached 230
Cl Semi-Detached 226
o Townhouse 49
13 Apartment 56
1.2 With respect to building permit activities (over $250,000) and large residential building
permit activities, the details are provided as follows:
APPLICANT
CONSTR TYPE
I Mezzanine & Office
I Greenhouse
LOCATION VALUE
380 Lake Rd $295,000
1621 Pebblestone Rd $2,686,176
Margaret Weir
Erhard Witzke
Attachment #1 - Monthly Building Permit Activity ReporUHistorical Comparison of Building
Permit
726
Municipality of Clarington
Building Services - Monthly Activity Report
July 2005
2005 2004
Type of CQnstruction July Year to Date July Yeark1 Date
Residential: Single Detached 34 230 1~ 312
Semi-Detached 44 226 14 282
Townhouse 9 49 0 85
Apartment 1 7 0 2 .
Other Construction 29 151 25 151
Sub Total 117 663 55 832
Industrial: New Building 0 0 0 2
Addition/Alteration 2 6 1 7
Sub Total 2 6 1 9
Government: New Building 0 5 1 2
Addition/Aiteration 1 1 0 1
Sub Total 1 6 1 3
Commercial: New Building 2 7 2 11
Addition/Alteration 4 20 7 , 22
Sub Total 6 27 9 33
Institutional: New Building. 0 0 0 2
Addition/Alteration 1 2 I 7
Sub Total 1 2 1 9
Agricultural: New Building 3 11 6 16
Addition/Alteration 1 3 0 2
Sub Total 4 14 6 18
Ontario Hydro: New Building 0 0 0 0
Addition/Alteration 1 1 0 1
--:- Sub Total 1 1 0 1
HVAC, Plumbing & Miscellaneous: 3 27 3 16
Demolition: 2 15 2 11
TOTALS 137 761 78 932
2005 2004
July Year to Date July Year to Date
Residential: $15,699,173 $94,730,981 $4,984,815 $117,123,926
Industrial: $301,000 $422,600 $25,000 $1,882,569
Government: $60,000 $333,500 $5,000 $2,225,000
Commercial: $294,453 $5,353,791 $296,398 $7,927,344
Institutional: $30;000 $33,500 $125,725 $20,085,525
Agricultural: $2,960,115 $3,482,263 $131,332 $652,246
Ontario Hydro: $11,000 $11,000 $0 $80,000
Miscellaneous: $4,000 $153,093 $4,000 $36,900
TOTALS $19,359,741 $104,520,728 $5,572,270 $150,013,510
727
July 2005
PERMIT FEES
July
$123,350
2005
Year to Date
$674,803
July
$36,610
2004
Year to Date
$1,004,941
TOTALS
2005
July Year to Date
814 5052
552 3899
1366 8951
2004
July Year to Date
829 4722
699 3405
1528 8127
Building Inspections
Plumbing Inspections
2005 2004
July Year to Date July Year to Date
Single Detached 34 230 16 312
Semi-Detached 44 226 14 282
Townhouse 9 49 0 85
Apartments 12 56 0 17
TOTALS 99 561 30 696
YEAR: 2005
AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995
month)
Bowmanvilie 216 587 468 345 312 188 184 313 423 217 229
Courtice 158 173 180 133 129 231 296 254 295 331 170
Newcastle 153 191 123 131 76 110 78 4 5 3
Wiimot Creek 15 25 29 38 24 19 21 33 21 16 16
Orono 1 2 1 1 1
Darlington 10 15 13 17 47 102 31 14 20 17 21
Clarke 2 10 16 15 9 17 17 12 20 10 7
Burketon 1 1 1 1 1 1 2
Enfield 3
Enniskillen 1 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2 1
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
Leskard 1 1
Maple Grove 1
Mitchelis Corners 1
Newtonvilie 3 5 3 3 3 1 2 2
Salina 1 3 3 1 1
Tyrone 3 9 3
TOTALS 561 1015 843 701 609 679 640 636 801 601 447
728
CI&:fflgton
REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
SEPTEMBER 06, 2005
Report #: ESD-010-05
File # 10.12.6
By-law #
Subject:
MONTHLY RESPONSE REPORT - JUNE 2005
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report ESD-01 0-05 be received for information.
iLl . }.,--,
Submitted by: '-(. rIA I ./
Gordon Weir, AMCT, CMM111
Director Emergency & Fire Services
..'\ ;J (l ;f r
R. db. / j/'-'?-<_A_AJ-....X. r GjI
eVlewe y:---.--- - J '-'\..
Franklin Wu.
Chief Administrative Officer
GW*sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-6506
901
REPORT NO: ESD-010-05
PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month June, 2005. It is our intent to provide Committee with information
relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 325 calls during this period and recorded total fire loss at
$226,530. A breakdown of calls responded to follows in the table attached.
902
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
Period: June 1, 2005 OO:OO:OOhrs to June 30, 2005 23:59:59hrs
CALL TYPES - VOLUME BY STATION
STATION 1 STATION 2 STATION 3 STATION 4 STATION 5
TOTALS
CALL TYPE
PROPERTY FIRE CALLS
Bowmanville Newcastle
5 3
Orono
2
Cou rtice
6
Enniskillen
o
16
4
o
11
includes vehicle extrications/accidents, commercial/industrial accidents, home/residential accidents, waterlice rescues
MEDICAL ASSIST CALLS 85 10 6 36 7
3
15
TOTALS
10
325
DOLLAR LOSS
# of Fire Calls 5 3 2 6 0 16
Dollar Loss $ $88,000 $122,000 $11,500 $5,030 $0 $226,530
VOLUNTEER STANDBY RESPONSES
# of Standbvs - Calls 14 0 0 9 0 23
# of Standbys -
Trainina 0 0 0 0 0 0
2005 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. ADr. Mav. Jun. Jul. Aua. SeD. Oct. Nov. Dec.
STATION 1 153 118 109 148 133 170 0 0 0 0 0 0 831
STATION 2 38 36 34 40 26 34 0 0 0 0 0 0 208
STATION 3 28 23 16 21 19 19 0 0 0 0 0 0 125
STATION 4 95 69 90 73 78 92 0 0 0 0 0 0 497
STATION 5 16 8 4 15 9 10 0 0 0 0 0 0 62
1723
TOTALS 330 254 253 I 297 265 I 325 I 0 I 0 I 0 0 0 I 0 1723
2004 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May. Jun. Jul. Aua. SeD. Oct. Nov. Dec.
STATION 1 114 111 103 105 98 131 105 105 101 111 117 151 1352
STATION 2 35 29 27 32 24 20 40 31 34 31 19 40 362
STATION 3 18 17 12 13 14 9 10 25 13 11 18 29 189
STATION 4 74 57 70 69 57 81 73 73 65 61 68 76 824
STATION 5 7 4 7 9 9 11 19 16 11 10 5 18 126
2853
TOTALS I 248 218 I 219 I 228 202 I 252 247 250 I 224 224 I 227 I 314 902'853
Clll!.pn
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 6, 2005
Report #: CLD-028-05
File #:
By-law #:
Subject:
M.A.H. POSITION ON LINE FENCES AND ABANDONED RAIL RIGHTS OF
WAY
RECOMMENDATIONS:
It is respectfully recommended that the Council approve the following recommendations:
1. THAT Report CLD-028-05 be received for information.
Submitted by:
Reviewed bYO ~~
Franklin Wu,
Chief Administrative Officer
LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1101
REPORT NO.: CLD-028-05
PAGE 2
BACKGROUND AND COMMENT
The Association of Municipalities of Ontario (AMO) has circulated a discussion paper on the
Provincial Government's position regarding fencing along abandoned rail rights of way which
have been purchased for conversion to trail systems.
At first glance these rail lines offer an excellent opportunity for local municipalities to expand
their recreational walking and biking trails. The rail beds are broad and relatively flat offering
easy access for a wide variety of users. The problem for the municipalities has always been
one of fencing these lands. Currently the Line Fences Act states:
"20 (1) Where land that was formerly used as part of a line of railway is conveyed in its entire
width by the railway company,
(c) to the Crown in right of Ontario, a Crown agency within the meaning of the Crown
Agency Act or the corporation of a municipality where the Crown, Crown agency or
corporation, as the case may be, is not the owner of abutting land, the Crown, Crown
agency or corporation is responsible for constructing, keeping up and repairing the fences
that mark the lateral boundaries of such land. R.S.O 1990, c. 1.17, s. 20 (1)."
Municipal policies regarding fencing cannot supercede this requirement. Section 98 of the
Municipal Act states,
"(1) A local municipality may provide that the Line Fences Act does not apply to all or any part
ofthe municipality.
(2) Despite a by-law passed under subsection (1), section 20 of the Lines Fences Act continues
to apply throughout the municipality."
As a result, the local municipality now becomes responsible for the entire cost of construction
and maintenance for fences along a potenially vast area of land.
This past spring the Province and the Minister of Municipal Affairs and Housing held meetings
with various stakeholders and commissioned a report by Dr. Wayne Caldwell, of Caldwell
Consulting to determine how best to deal with the concerns of both the abutting landowners
(primarily farmers) and the local municipalities.
Municipal concerns centered on cost of construction and maintenance for fences in areas
where it had been determined that no fence was previously required when the railway was
active, liability issues surrounding injury from the fences should they become broken or
damaged, potential frivolous demands for fencing in unneeded areas and, given the high cost
of fencing, the requirement for a hierarchy of needs that could be established province wide for
establishing levels of fencing and criteria for installation.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1102
REPORT NO.: CLO.02S.05
PAGE 3
The agricultural community demanded a say in the type of fencing to be erected, the need to
protect and secure livestock, prevent vandalism to crops, reduce or eliminate theft and provide
Biosecurity for livestock and crops and unrestricted access to the trails to access otherwise
landlocked parcels of farmland. The agricultural community was adament that it was not
interested in sharing the costs for these fences.
Among its first recommendations, the Caldwell Report dismissed changes to Section 20 to
allow for a sharing of fencing costs between the local municipalities and the agricultural
community. The remainder of the Report is devoted to ways for the municipalities to make the
current system work. The Report rejects any involvement by the Province in creating
standards for needs or maintenance of fencing, leaving that to local municipalities to decide.
The Report does recommend the creation of local landowner fencing committees to determine
the nature of the fences to be built and the criteria for requiring them in the first place. In
effect, each municipality is left to reinvent the wheel to fit their local needs. The Report did
suggest that the Province may offer "a limited amount of money" for formulating a local fencing
strategy and to cover only certain portions of the actual fencing costs.
The recommendation for user fees for all who use the trails made little practical sense. An
entire new system would be needed to track users of the trails, establish fees, collect the fees
and enforce the fee requirements. There is also a recommendation that the trail owner (the
municipality) could or should obtain liability insurance coverage for the trail and provide this, by
extension, to those landowners abutting the rail lines.
ASSOCIATION OF MUNICIPALITIES OF ONTARIO'S POSITION
AMO's postion is diametrically opposed to that of the Report. The Association believes that
there is at least a joint benefit to the municipalities and the agricultural community, if not a far
greater benefit to the agricultural community over the local municipality.
One possible scenario is that municipalities may simply refuse or decline to purchase these
rail beds, thus losing their community use.
It is the Association of Municipalities of Ontario's position that Section 20 needs to be
amended so that this matter falls under the authority of the Fence Viewers and the Referees in
the same manner as any other dispute over fencing. To quote AMO, "The Ontario economy
stands to lose, as municipalities will not purchase rail lines and build trails if the ongoing costs
are prohibitive."
The position taken by the Association of Munic~alities of Ontario is fully supported by staff. In
order to meet the Ministry's deadline of July 29 for comments, a letter has been sent
indicating support of this position. A copy of that letter is attached for information.
ATTACHMENT
Letter to the Ministry of Municipal Affairs & Housing
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1103
Cl~.n
ATTACHMENT # I ~o
REPORU(.dl I'l!( '{ ( ~
July 25, 2005
Ministry of Municipal Affairs and Housing
Municipal Governance and Structures Branch
S20 Line Fences Act Report Comment
13th Floor
777 Bay Street
Toronto, ON M5G 2E5
Attention: Ruth Melady, Senior Policy Advisor
Dear Madam:
~(Q)[PW
RE: CALDWELL REPORT
LINE FENCES ACT AND ABANDONED RAIL RIGHT OF WA YS
I am writing to you in regards to the above noted issue. Staff has reviewed Dr.
Caldwell's Report. The financial implications for the municipality are to say the least,
onerous. Staff is in agreement with the position taken by the Association of
Municipalities of Ontario that continuing to require the local municipality to pay 100% of
the cost of fencing places an unreasonable burden upon the local municipality.
Over the last few years municipalities have been encouraged to purchase these lands
for use as walking and hiking trails. The recommendations in Dr. Caldwell's Report are
counterproductive to that desire. In all other areas, the Line Fences Act allows for a fair
and equitable sharing of the costs for the construction and maintenance of the fencing.
The Municipality of Clarington believes that this same principal of cost sharing should
be extended to include the abandoned rail rights of way.
Respectfully yours,
Patti L. Barrie, A.M.C.T.
Municipal Clerk
PLB*ct
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L1C 3A6 T (9~51)Q,43-3379
ClllLpn
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #: CLD-033-05
File#:
By-law #:
Subject:
ANIMAL SERVICES QUARTERLY REPORT - APRIL TO JUNE, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-033-05 be received; and
2. THAT a copy of Report CLD-033-05 be forwarded to the Animal Alliance of Canada and
the Animal Advisory Committee.
Submitted by:
~"'l~~
___tel/!./
viewed by: Franklin Wu,
Chief Administrative Officer
/tf
CAG'
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1105
REPORT NO.: CLD-033-05
PAGE 2
BACKGROUND AND COMMENT
Animal Services activities will be reported to Council on a quarterly basis. The attached table
summarizes the activities and revenues pertaining to Animal Services for the months April to
June 2005.
Attachment #1
Animal Services Monthly Report
Interested parties to be advised of Council's decision:
Ms. Liz White
Animal Alliance of Canada
Animal Advisory Committee
1106
CLERK'S DEPARTMENT
ANIMAL SERVICES DIVISION
ATTACHMENT NO.1
TO REPORT NO. CLD-33-05
ANIMAL SERVICES MONTHLY REPORT
APRIL - JUNE 2005
A. ACTIVITIES REPORT PERIOD YR. TO DATE 2005 YR. TO DATE 2004
PICKED UP - WILDLIFE 12 45 64 ,.
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 42 30 76 48 95 92
BROUGHT IN 28 47 45 106 56 116
RETRIEVED BY OWNERS 46 3 76 8 89 15
SOLD TO RESIDENTS 21 40 38 89 52 131
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 2 13 5 21 2 22
DEAD ON ARRIVAL 1 21 2 36 8 40
I QUARANTINE I 0 3 2 9 1 3
WRITTEN WARNINGS 75 127 150
P.O.A. TICKETS 5 8 13
CONVICTIONS 4 5 12
CALL-OUTS AFTER HOURS 7 19 27
OVER TIME HOURS 24 60 81
B. REVENUES
DOGS & CATS RELEASED 45.00 60.00 180.00 150.00 495.00 270.00
LICENSES 8657.00 1284.00 15364.00 1918.00 21541.00 4548.00
SOLD TO RESEARCH 0 0 0 0 0 0
SOLD TO RESIDENTS 1125.00 1755.00 2400.00 3870.00 3375.00 5625.00
DOGS & CATS REDEEMED 1667.00 75.00 2658.00 165.00 4071.00 82.00
I SUB TOTAL I 11494.00 3174.00 20602.00 6103.00 29482.00 10525.00
TRAP REVENUE 69.00 108.00 132.00
TOTAL REVENUE 14737.00 26813.00 40139.00
EUTHANISED THIS QUARTER
2 SICK CATS
4 INJURED CAT
2 FERAL
YEAR TO DATE I EUTHANISED
DOGS 3 BEHAVIOUR, 2 SICK
CATS 7 FERAL, 10 SICK, 4 INJURED
NOTE' 11 ORDERS TO RESTRAIN ISSUED THIS QUARTER
16 ORDERS TO RESTRAIN ISSUED IN 2005
1107
Ms. Liz White
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
Animal Advisory Committee
1108
CJw:.._n
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #: CLD-034-05
File #:
By-law #:
Subject:
QUARTERLY PARKING REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-034-05 be received; and
2. THAT a copy of Report CLD-034-05 be forwarded to the Bowmanville Business Centre
for their information.
Submitted by:
CAG*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1109
REPORT NO.: CLD-034-05
PAGE 2
BACKGROUND
The following pertinent statistical information relates to Parking Enforcement activities for the
months of April, May and June, 2005 and is provided herein for the information of Committee
and Council.
ATTACHMENT 1: Parking Report For The Months of April, May and June 2005
INTERESTED PARTIES:
Bowmanville BIA
1110
ATTACHMENT #1 to Report CLD-034-05
PARKING ENFORCEMENT QUARTERL Y REPORT #2 2005
TICKETS ISSUED APRIL, MA Y, JUNE YEAR TO DA TE YEAR TO DA TE YEAR TO DA TE
2005 2005 2004 2003
P.E. Officers 824 1830 2161 2564
Police 15 19 69 14
Public Works 0 0 0 0
Group Four 24 70 27 29
Securitas 2 30 40 123
Pro Security 21 21 N/A N/A
Fire Services 0 0 0 0
TOTAL ISSUED 886 1972 2397 2748 ...
.1 . . .
REVENUE
Meters 20 802.50 28 068.00 36 580.42 30 279.50
Permits 1109.50 1678.75 647.50 799.25
Fines 10492.00 26076.00 24597.00 32560.00
MTO Chargeback (2450.25) (5172.75) (4413.75) (2427.00)
TOTAL REVENUE 29 953.75 50 650.00 57411.17 61211.00 ..
,>. .....
1ST APPEARANCES
Total Conducted 13 51 57 68
# Tickets Cancelled 7 41 41 59
# Tickets Upheld 6 14 16 21
# Requests for Trial 2 4 9 5
#TICKETS DISPUTED 14 56 57 f!s
.... .... ... ...
1111
~n
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 6, 2005
Report #: CLD-035-05
File#:
By-law #:
Subject:
PRIVATE PARKING ENFORCEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-035-05 be received;
2. THAT the by-laws attached to Report CLD-035-05 to appoint parking enforcement
officers for private property be forwarded to Council for approval; and
3. THAT Eldon Nelson, Allan Ronalds, Charles McNaughton, Joseph Crooks, Dennis
John, Securitas Canada Inc. and Parkwood Village Management Inc. be advised of
Council's actions.
Submitted by:
C. A ne Greentree, B. ., A.M.C.T.
Deputy Clerk
Reviewed by: t "
ranklin Wu
~ Chief Administrative Officer
CAG*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1112
REPORT NO.: CLD-035-05
PAGE 2
BACKGROUND AND COMMENT
Corporate private property owners have traditionally had the option of approaching Council for
permission to hire security officers to enforce the Clarington Traffic By-law 91-58, as amended,
on their own property.
Securitas Canada Ltd. and Parkwood Village Management have approached the Municipality
and requested that officers from Securitas Canada be authorized to provide private property
parking enforcement of the fire route at 1651 Nash Road, Courtice. The officers Securitas is
proposing are Eldon Nelson, Allan Ronalds, Charles McNaughton, Joseph Crooks and Dennis
John.
In order for these officers to be able to perform these duties they must be appointed pursuant
to the Police Services Act as Parking Enforcement Officers. Securitas is aware that once
appointed these officers must attend at the Municipal Administrative Centre for training prior to
commencing any enforcement duties.
ATTACHMENTS: 1
By-law to Appoint Eldon Nelson as a Parking Enforcement
Officer for Private Property
2 By-law to Appoint Allan Ronalds as a Parking Enforcement
Officer for Private Property
3 By-law to Appoint Charles McNaughton as a Parking
Enforcement Officer for Private Property
4 By-law to Appoint Joseph Crooks as a Parking Enforcement
Officer for Private Property
5 By-law to Appoint Dennis John as a Parking Enforcement
Officer for Private Property
INTERESTED PARTIES:
Seuritas Canada
Parkwood Village Management Inc.
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1113
IITTACHMENT # I !9
REPORT # CI-n' i1q')O~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
WHEREAS Section 15(1) of the Police Services Act RS.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS it Is desirable to appoint Eldon Nelson, as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Eldon Nelson is hereby appointed as a Parking Enforcement Officer for
the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
BY-LAW read a first time this 12'" day of September 2005.
BY-LAW read a second time this 12'" day of September 2005.
BY-LAW read a third time and finally passed this 12'" day of September 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1114
I\11ACHMENT # ~ TO
REPORT # C/Ln- g':;.ll<;
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS it is desirable to appoint Allan Ronalds, as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Allan Ronalds is hereby appointed as a Parking Enforcement Officer for
the sole purpose of enforcing the Traffic By-law of the Municipality of
Ciarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
BY-LAW read a first time this 12th day of September 2005.
BY-LAW read a second time this 12th day of September 2005.
BY-LAW read a third time and finally passed this 12th day of September 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1115
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW 2005 -
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-iaws of the
Municipality; and
WHEREAS it is desirable to appoint Charles McNaughton, as a Parking
Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the.
Municipality of Clarington on the property located at 1651 Nash Road, Courtice,
in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1, Charles McNaughton is hereby appointed as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the
Municipality of Clarington on the property located at 1651 Nash Road,
Courtice, in the Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
BY -LAW read a first time this 12th day of September 2005.
BY-LAW read a second time this 12th day of September 2005.
BY-LAW read a third time and finally passed this 12th day of September 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
A'lTACHMENT # ' q TO
REPORl Ie Ln-,.,q~-,.,.!:,
1116
ATIACHMENlII 4 TO
~EPORl 1/ CiD1){j"',.nS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
WHEREAS'Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS it is desirable to appoint Joseph Crooks, as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of
Ciarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as foiiows:
1. Joseph Crooks is hereby appointed as a Parking Enforcement Officer for
the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road. Courtice, in the
Municipality of Clarington.
2. This By-law shaii come into fuii force and effective immediately on the day
of Final passing by Council.
BY-LAW read a first time this 12th day of September 2005.
BY -LAW read a second time this 12th day of September 2005.
BY-LAW read a third time and finaiiy passed this 12th day of September 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1117
ATTACHMENT , 5 TO
REPORT Ivn-1Jo,'::;-Tlc,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint individuals as
Parking Enforcement Officers for Private Property
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shali be peace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS it is desirable to appoint Dennis John, as a Parking Enforcement
Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as foliows:
1. Dennis John is hereby appointed as a Parking Enforcement Officer for the
sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at 1651 Nash Road, Courtice, in the
Municipality of Ciarington.
2. This By-law shall come into fuli force and effective immediately on the day
of Final passing by Council.
BY-LAW read a first time this 12'. day of September 2005.
BY-LAW read a second time this 12th day of September 2005.
BY-LAW read a third time and finaliy passed this 12th day of September 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1118
Cl!J!ington
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #: COD-041-05
File#_
By-law #
Subject:
PURCHASE OF HURST EXTRICATION EQUIPMENT
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-041-05 be received;
2. THAT the requirement for tendering in accordance with Purchasing By-law #94-129.
Paragraph 5. Item 5.6 be waived for this transaction;
3. THAT Staff be authorized to issue a purchase order for $66,435.00 to Code 4 Fire &
Rescue; and
4. THAT $35,000.00 be drawn from the 2005 Emergency Services Capital Budget Account
#110-28-281-82828-7401 with $31,435.00 drawn from the one time Provincial Grant for
Municipal Fire Services.
Reviewed by: at[;]
Franklin Wu,
~ Chief Administrative Officer
---- .
,/ G rd Weir
Director of Emergency Services
; ~ ktJ~
y Taylor
Ol Director of Finance
MMlLABlsm
1201
COD-041-05
BACKGROUND AND COMMENT
PAGE 2
1.0 Backaround
As approved in the. 2005 Emergency Services Capital Budget, Hurst Extrication
Equipment is to be purchased and installed on one Emergency Services Vehicle. The
Emergency Services Department would like to utilize the Provincial grant to purchase a
second set of equipment to equip a second vehicle.
Hurst Extrication Equipment is what is currently being utilized by the Emergency
Services department. It is beneficial to keep this type of equipment standard so that no
matter what operator or truck is on an emergency scene everyone knows how to use
the equipment properly. Standardization is also important with this type of equipment to
allow for parts to be interchangeable among trucks.
As Code 4 Fire & Rescue is the only Ontario distributor for Hurst Equipment, it is
recommended that the requirement for tendering in accordance with Purchasing By-law
#94-129, Paragraph 5, Item 5.6 be waived and that a purchase order be issued in the
amount of $66,435.00.
The Provincial Government provided to the Municipality a one time grant in the amount
of $178,000. This money was to be utilized by Municipal Fire Services in the areas of
fire prevention/training, fire operations equipment and firefighter protective equipment.
The required funds will be drawn from account #110-28-281-82828-7401 with
$35,000.00 from the approved 2005 Emergency Services Capital Budget and the
additional $31,435.00 will be drawn from the Provincial grant.
1202
COD-041-05
PAGE 3
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc. should
be directed to the Director of Emergency Services.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, aOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1203
Clfll-!l1glOn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #:
COD-044-05
File#_
By-law #
Subject:
Request for Proposal RFP2005-10 - Marketing Services for the Brian
McFarlane Museum
Recommendations:
It is respectfully recommended that the General Purpose and Administrative Committee recommend to
Council the following:
1. THAT Report COD-044-05 be received;
2. THAT the proposal received from Marketing Dynamic Solutions, Alton, Ontario being the most
responsive bidder meeting all terms, conditions and specifications of Request for Proposal
RFP2005-10 be awarded the contract for the provision of the Marketing Services for the Brian
McFarlane Museum at an estimated cost of $97,000.00 plus GST; and
3. THAT the expenditure for the Marketing Services be funded from the impact Escrow Reserve
Fund included in the funding previously approved for Clarington's Brian McFarlane Hockey
Museum Account 110-42-421-84242-7401..
/1
tI-
L Joseph Caruana
1'_ Director of Comm
--~ d.. ()1-~ ~M.
~ Nancy Taylor, B.B.A., CA,
Director of Finance
MMILAB\jblkm
Reviewed
~~
Franklin Wu,
Chief Administrative Officer
Submitted by:
1204
COD-044-05
Page 2
BACKGROUND AND COMMENT
A request for proposal was publicly advertised and issued with bid documents being
issued to eighteen firms. The following is a tabulation of bids submitted:
,
Marketing Dynamic Solutions
Alton, ON .
Garth Armstrong Design Group
Whitb , ON .
Marketing Guy
Peterborou h, ON
Hawson Bridge & Smith
Mississau a, ON
* Plus GST
Representatives from the Community Services Department and Purchasing reviewed
and scored each proposal based on the following criteria:
~ Previous Experience
~ Experience of Key Personnel
~ Price
~ Working knowledge in Clarington and Durham Region
~ Ability to Complete the Project on Schedule
~ Completeness of Proposal
~ Creativity
.t,;,/:,." Total Bid:AmbiJn
$97,000.00
$57,340.00
$35,000.00
$63,000.00
As per the request for proposal document, the consultant selection would be made on
the basis of the written proposal, a potential interview and reference checks.
Upon completion of the document review by the selection committee, two firms,
Marketing Dynamics and Garth Armstrong Design Group were selected for an interview.
On completion of the interviews and presentations by both firms the scores were
compiled and both firms scored high with the difference being negligible. The
1205
COD.()44.()S
Page 3
references for each firm were also checked and the scores were added to ratings for the
proposal and the interview component to arrive at an overall score.
Staff was impressed with the coverage of the proposed services, proponents'
experience and enthusiasm for the project. Team members were in attendance at the
interview and their roles were discussed. Reference checks for the Marketing Dynamic
Group were excellent. The Marketing Dynamics group offered project references with
values in the $500,000 to $600,000 range while Garth Armstrong Design offered
references in the $25,000 to $30,000 range. Although the budget for this project is in
the $150,000 with consulting fees estimated at $97,000.00 the scope of work is
extensive. Therefore, the larger team with the large project experience is preferred.
That as per Report CSD-007-05, Council authorize an expenditure of approximately
$150,000.00 for Marketing Services including: consulting, creative design and
production costs for a marketing program as outlined in the Deloitte & Touche's
Business and Marketing Plan.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc.
can be directed to the Director of Community Services.
It is therefore recommended that the proposal received from Marketing Dynamics,
Alton, Ontario to provide the Marketing Services for the Brain McFarlane Museum, be
accepted.
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1206
Clwington
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6th, 2005
Report #: COD-045-05
File#_
By-law #
Subject:
Contracted Services for the mixing of Salt, Sand and Calcium Chloride
(Winter Sand)
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-045-05 be received;
2. THAT the requirements for tendering in accordance with Purchasing By-law #94-129,
Paragraph 5. item 5.6 be waived for this transaction;
3. THAT Miller Paving Ltd. Markham, Ontario, be awarded the contract for the provision of
all equipment, labour and materials needed to mix the Municipality of Clarington's
requirements for Winter Sand for the 2005-06 Winter Season at an approximate annual
cost of $30,000.00 plus applicable taxes; and
4. THAT the funds be provided from the Department of Operations current operating
accounts during the term of the agreement.
Submitted by:
Reviewed by:
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
':ZU'j:J-----
/n Iin Wu,
Chief Administrative Officer
~~
~ Nancy aylor, B.RA., C.A.,
-1(' Director 0 Finance
~
Fred rvat, RDMR, RRFA
Director of Operations
1207
MM/LAB/jb/km
REPORT: COD-045-05
PAGE 2
BACKGROUND AND COMMENT
In 2003 Co-operative tenders were publicly advertised and invited for the supply and delivery of
labour, equiprnent and necessary materials to mix winter sand as required by the area
municipalities. At that time the Clarington requirements called for the mixing of sand and salt
,
only to fill the salt domes at the Hampton and Orono Works Depots. The tender also provided
for the custom mixing of salt, sand and calcium chloride for the Region of Durham and some
area municipalities. The low bidder at that time for Clarington's requirements was Robert E.
Young Construction Ltd, Peterborough. The low bidder for the custom mixing requirements
involving calcium Chloride was Miller Paving Ltd., Markham. It must be noted that in the custom
mix the concentration of salt varies from a high of 35% to a low of 10% for the lower tier
municipalities.
Based on the low bid and in accordance with the Purchasing By-law, an award was made to
Robert E. Young Construction Ltd., Peterborough to cover Clarington's requirements. The
tender also made provision for an award for subsequent two one year terms provided service
was satisfactory and acceptable pricing was provided.
This year the Operations Department wishes to adopt the the mixing of salt and sand with
calcium chloride with the ratios being 90% sand, 10% salt with 3 gallons of calcium Chloride per
mixed tonne. The reason for this change is to provide a better sand I salt mix which provides
greater strength to the existing salt content while stays on the road longer, thereby improving
service. This custom mix is one of many parts of the recently adopted 'Salt Management Plan"
and allows for better control of the salt used for ice and snow on roadways. As noted, the
custom mix is well established in the industry and allows less material to be required over the
winter season which reduces the overall operating costs. Although the cost of the mixing is
slightly higher, this cost is outweighed by the increased effectiveness of the new homogeneous
mix. The estimated cost to mix the product and supply the calcium chloride is estimated at
$30,000.00, plus applicable taxes, approximately $17,300.00 higher than the salt sand mix.
Note that this estimate does not include the cost of the salt and sand which is provided under a
separate contract, nor does it include the cost of a second mixing later in the winter should the
inventory be depleted.
1208
. REPORT: COD-045-05
PAGE 3
Since Robert Young Construction does not have the equipment required to mix the sand, salt
and add the calcium chloride to the mix, it is recommended that the Purchasing By-law be
waived and that a contract be awarded to Miller Paving Ltd., who has performed this service for
a number of years for ,other municipalities and are the only known company to provide the
service.
The required funds to cover mixing of salt and sand with the addition of the calcium chloride
during the term of thei agreement is provided in the Operations Department current operating
accounts.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc. can be
directed to the Director of Operations.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
1209
Clfllmgron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
September 6, 2005
Report #:
COD-046-05
File#_
By-law # .
Subject:
TENDER AWARDS SUMMER COUNCIL BREAK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-046-05 be received; and
2. THAT the attached By-laws, marked Schedules "A", "B", "C", "0" and "E"
authorizing the Mayor and Clerk to enter into the necessary agreements be
approved.
Attachment #1 Schedule "A"
Attachment #2 Schedule "B"
Attachment #3 Schedule "CO
Attachment #4 Schedule "0"
Attachment #5 Sched
Submitted by:
tiJ
arie Marano, HBSc., C.M.O.
Director of Corporate Services
Reviewed O/'-A-~ &- ~ ~
Franklin Wu,
Chief Administrative Officer
Qft~
OA Nan y Taylor, B.B.A., C.A.
-j<l \ Director of Finance
MM/LAB/km
1210
REPORT NO,: COD-046-05
PAGE 2
BACKGROUND AND COMMENT
In accordance with Resolution #GPA-355-01, the Administrator and the Director of
Corporate Services and/or the Director of Finance awarded the following
Tenders/Contracts during the July/August Council Break:
1. 2005 Pavement Marking Program
2. RFP2005-6 Sound System - Council Chambers
3. CL2005-26 Brookhouse Parkelte Construction
4. CL2005-17 High Performance Asphalt
5. RFP2005-8 Suppiy and Install Playground Equipment at Various Locations
6. CL2005-33 Re-roofing of the Municipal Administration Centre
7. CL2005-21 Culvert Replacement & Erosion Remedial Works
8. CL2005-32 Janitorial Services - Various Locations
9. CL2005-25 Communication Tower and Wireless Radio Equipment
10. CL2005-30 Barlow Court Parkelte Construction
11. CL2005-27 Crack Seal Program
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-3330
1211
1. 2005 PAVEMENT MARKING PROGRAM
A contract was entered into with the Regional Municipality of Durham for an estimated
amount of $46,171.55 (G.S.T. is not applicable).
Funding is included in the 2005 Operations Current Budget for Pavement Marking.
This requirement was not dealt with using the public tender process. Traditionally the
annual pavement marking requirements are contracted to the Regional Municipality of
Durham and Clarington's requirements are included as part of the Regional Pavement
Marking program. Accordingly, it is recommended that the requirements of the
Purchasing By-law be waived in this instance and the Purchasing Manager be
authorized to issue a purchase order to the Regional Municipality of Durham for the
2005 Pavement Marking Program.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of Operations.
1212
2. CL2005-6,
SOUND SYSTEM - COUNCIL CHAMBERS
On July 8, 2005 a contract was awarded to Applied Electronics Limited, Mississauga,
Ontario for a total bid amount of $74,037.00 plus G.S.T.
Request for Proposals were publicly advertised and issued with bids being submitted as
per Schedule "A" attached. .
Funding in the amount of $35,000.00 will be drawn from Operations Account #110-36-
370-83659-7401 as provided in the 2005 Capital Budget. It is recommended that the
additional funds in the amount of $25,000.00 will be drawn from Account #110-36-370-
83630-7401 as carried over from the 2004 Capital Budget for the PA system and that
the remaining funds in the amount of $14,037.00 be reallocated from the 2004 Capital
Budget portion for the Municipal Administration roof replacement.
Upon review of the bids, the proposal offered by Applied Electronics Limited,
Mississauga, Ontario exceeds that which is offered by the other bidder in the
areas of previous experience, warranty and understanding of the project.
Subsequent to this award on July 22, 2005, an additional award in the amount of
$43,513.20 was awarded to the subject firm for the optional visual equipment in order to
ensure that the renovation for the Council Chambers caused the least disruption and
was completed in a timely manner. Additional funds were also required in the amount of
$11,000.00 for the Council table. It is recommended that this total additional funds in the
amount of $54,513.20 be drawn from account #110-36-370-53630-7401 and be
reallocated from the 2004 Capital Budget portion for the Municipal Administration Roof
replacement.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of Operations.
The subject firm have satisfactorily installed similar systems for the Town of
Richmond Hill, the City of Brampton and the City ofToronto.
1213
CJ!JLilJgtnn
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
RFP2005-6
Sound System - Council Chambers
, Total Base Bid Amount . .'
. ,,,,_i'i"::<;<<:,> - :;-,'<, 'w-.' -
...:...... Plu. 'sGST"". "
- '- - ..--.. .: _______ __.i _ _ __'< --X:!;[""<;-''''''''
$68,400.27
$74,032.92
JSGS Ltd.
Toronto, Ontario
Applied Electronics Limited
Mississau a, Ontario
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, aNT ARia L 1 C 3A6 T (905) 623-3379 F (905) 623-3330
1214
3. CL2005-26,
BROOKHOUSE PARKETTE CONSTRUCTION
A contract was awarded to Rutherford Contracting Ltd., Gormley, Ontario for a total
revised bid amount of $208,146.63 plus G.S.T.
Tenders were publicly,advertised and issued with bids being submitted as per Schedule
"A" attached.
Total funds required for the project are $226,553.96 ($208,146.63 tender, $8,000.00
consulting fees and 5% contingencies). In an effort to reduce the total cost, it is
recommended that the alternate play area base material be utilized which reduces the
total bid price as shown on the attached letter, marked Schedule "B", from the consultant
Daniel O'Brien & AssoCiates Ltd.
Funding in the amount of $165,000.00 (90% Development Charges plus 10% Reserve
Funds) will be drawn from Account #110-32-325-83283-7401 as provided in the 2005
Engineering Capital Budget. It is recommended that the additional funds required be
drawn from the same account.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of Engineering Services.
The low bidder has provided satisfactory service to the Municipality of Clarington in
recent years.
1215
Cl!Jlipn
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2005-26
BROOKHOUSE PARKETTE CONSTRUCTION
Rutherford Contracting
Gormle ,ON
Peninsula Construction
Fonthill, ON
Mopal Construction Ltd.
Gormle , ON
Gay Company Ltd.
Courtice, ON
*extension error
$217,812.07
$224,338.16*
$224,739.60
$275,678.52*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-3330
1216
SCHEDULE "B"
DanlelJ. O'Brien
AS.'i()crATI~S T.Tn,
L..\Xl>SC\I'g ,\RCUITI~CTS
July 11, 2005
Municipality of Clarington
40 Temperance Street
BowmanviIle, Ontario, L1 C 3A6
Attention: Lou Ann Birkett, CPP, AMCT
Purchasing Manager
Re: Tender CL2005-26 Brookhouse Parkette Construction
Tenders for the above project were opened at the Municipal Offices on Tuesday July 5, at 2:00 PM
local time. Daniel J. O'Brien & Associates Landscape Architects have reviewed the four (4) tender
bids received from Rutherford Contracting, Peninsula Construction, Mopal Construction, and Gay
Company Limited.
The unit and total prices have been checked against estimated quantities and unit prices. The tender
subtotals and g.s.t. with total bid prices have been mathematically double checked, and in addition,
the one (I) alternate price is also shown for cost comparisons. The bids received are summarized as
follows:
(A) Rutherford Contracting:
Subtotal Amount:
G.S.T. Amount:
Total Bid Price:
$ 217,812.07
$ 15,246.84
$ 233,058.91
Total Bid Price if alternate play area base material utilized will breakdown as follows:
Subtotal Amount:
Item # 17 (deleted)
Item #26A (added)
$ 217,il12.07
$ -22,046.06
$ +12,380.62
New Subtotal Amount:
G.S.T. Amount:
Total Bid Price:
$ 208,146.63
$ 14.570.26
$ 222,716.89
1217
(B) Peninsula Construction Inc.:
Subtotal AmoUnt:
G.S.T. Amount:
Total Bid Price:
$ 224,357.86
$ 15.705.05
$ 240,062.91
SCHEDULE "B"
Total Bid Price if alternate play area base material utilized wiIl breakdown as foIlows:
Subtotal Amount:
Item #17 (deleted)
Item #26A (added)
$ 224,357.86
$ -7,943.71
$ +14.446.70
$ 230,860.85
$ 16.160.26
$ 247,021.11
New Subtotal Amount:
G.S.T. Amount:
Total Bid Price:
Note: The contractor may have mixed up material allocations under these two (2) items as
their unit cost for bark chip is less than sand mix, which would not be expected.
(C) Mopal Construction Limited:
Subtotal Amount:
G.S.T. Amount:
Total Bid Price:
$ 224,739.60
$ 15.731.77
$ 240,471.37
Total Bid Price if alternate play area base material utilized wiIl breakdown as follows:
Subtotal Amount:
Item # 17 (deleted)
Item #26A (added)
$ 224,739.60
$ -11 ,082.40
$ +11.874.00
$ 225,531.20
$ 15.787.18
$ 241,318.38
New Subtotal Amount:
G.S.T. Amount:
Total Bid Price:
1218
(D) Gay Company Limited:
Subtotal Amount:
a.S.T. Amount:
Total Bid Price:
$ 275,679.86
$ 19.297.59
$ 294,977.45
SCHEDULE "B"
Total Bid Price if alternate play area base material utilized will breakdown as follows:
Subtotal Amount:
Item #17 (deleted)
Item #26A (added)
$ 275,679.86
$ -12,000.66
$ N/A
$
$
$
N/A
N/A
N/A
New Subtotal Amount:
a.S.T. Amount:
Total Bid Price:
Summary:
Based on the above analysis, the lowest tender submitted by Rutherford Contracting remains the
low and responsible bid. I recommend that the alternate playground area surface be accepted in item
26a to reduce the project cost by $9,665.44.
Rutherford Contracting are well known to the Municipality as they are currently constructing
Pearce Farm Neighbourhood Park, and Bowrnanville Community Park. They have also successfully
completed other parks for the Municipality in the past. Daniel O'Brien & Associates Limited
Landscape Architects recommends that the low bid from Rutherford Contracting be accepted
with the alternate playground surface in item 26a. The total cost will be 208,146.63 plus aST.
Daniel J. O'Brien O.A.L.A., C.S.L.A.
Principal Landscape Architect
cc: P. Windolf, Manager of Park Development
Tel: (905) 985-4466 Fax: (905) 985-8509
Email: danielobrienassociates@bellnet.CI
Canadian Society or Landscape Architects
Daniel J. O'Brien & Associates Ltd. Landscape Architects
180 Mary Street, Port Perry, Ontario, L9L 187
Member Ontario Association Of Landscape Architects
1219
4. CL2005-17,
HIGH PERFORMANCE ASPHALT
A contract was awarded to Matrex Company, Port Perry, Ontario for a total bid amount
of $50,177.88 plus G.S.T.
Tenders were publicly advertised and issued with bids being submitted as per Schedule ,.
"A" attached.
The product offered by Matrex Company, Port Perry, Ontario, meets the specification
established for the tender and offers a competitive price. The unit prices per tonne bid
this year represents a 6.56% decrease compared to unit prices bid in 2004.
Funding for this product was included in the 2005 Operations Current Budget for Road
Repairs.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of Engineering Services.
The low bidder has provided satisfactory service to the Municipality of Clarington in
recent years.
1220
ClN:.mgron
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
TENDER CL2005-17
HIGH PERFORMANCE ASHPAL T
Vendor Total bid Terms
(GST Extra. PST Incl.)
1 Matrex Company
Port Perry $50,177.88 3% 10 Davs
2 QPR (Lafarge)
Mississauqa $50,949.00 Net 30
3 Innovative Municipal Products
Aiax $53358.75 Net 30
1221
5. RFP2005.8
SUPPLY AND INSTALL PLAYGROUND EQUIPMENT AT VARIOUS
LOCATIONS
A contract was awarded to Belair Recreational Products Inc., Paris. Ontario in the
amount of $110,000 (plus G.S.T.)
Request for Proposals were publicly advertised and issued with bids being submitted as
per Schedule "A" attached.
Funding in the amount of $110,000.00 was provided in Operations Account #110-36-
325-83644-7401 as provided in the 2005 Capital Budget.
The Request for Proposal specifications included evaluation criteria as follows.;
. Play Value
. Safety
. Durability
. Appearance
. Warranty
. Cost
The evaluation team evaluated all bids using the above criteria and the proposal from
Belair Recreational Products ranked highest in the scoring and provided the overall
lowest price for the supply and installation of play structures at three locations;
Bowmanville Memorial Park, Longworth Park and Landerville Park.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs. specifications, etc., should
be directed to the Director of Operations.
The subject firm have satisfactorily installed similar systems for the City of Cambridge
and the City of Brampton.
1222
CI~!ilJgron
Schedule A
RFP2005-8 - Supply and Installation of Playground Equipment
at Various Parks
1 Belair Recreation Products (Option 1) $80,266.83
Paris
1a Belair Recreation Products (Option 2) $85,119.61
Paris
2 Johnson Environmental Products
Ottawa $86,905.25
3 Henderson Recreation Equipment Ltd.
Simcoe $98,472.99
4 Little Tykes
Paris $102,498.97
5 ABC Recreation Equipment (Option #1)
Paris $102,803.08
5a ABC Recreation Equipment (Option #1)
Paris $104,076.37
6 Recreation Playsystems
Waterloo Rejected
'Plus GST
1223
6. CL2005-33,
RE-ROOFING OF THE MUNICIPAL ADMINISTRATION CENTRE
A contract was awarded to Barr's Roofing, Newcastle, Ontario for a total bid amount of
$90,000.00 plus G.S.T.
Tenders were publicly advertised and submitted as follows.
Barr's Roofing, Siding & Sheet Metal Ltd.
Newcastle, ON
Heritage Restoration Inc.
Uxbridge, ON
$98,834.04
Funding in the amount of $250,000.00 was provided in Operations Account #110-36-
370-83630-7401 as provided in the 2004 Capital Budget and $14,037.00 has been
reallocated to the Council Chambers Sound System, RFP 2005-6.
The Director of Finance has reviewed the fundin9 requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of Operations.
The subject firm has satisfactorily performed similar work for the Municipality of
Clarington in the past.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-3330
1224
7. CL2005-21,
CULVERT REPLACEMENT & EROSION REMEDIAL WORKS
A contract was awarded to Peninsula Construction Inc., Fonthill, Ontario for a total bid
amount of $284,788.80 plus G.S.T.
Tenders were publicly, advertised and issued with bids being submitted as per Schedule
"A" attached.
The total project costs, including Construction Administration and Materials Testing are
estimated at $375,000.00 as detailed in the letter from Totten Sims Hubicki Associates
marked as Schedule "A". Funding for this project in the amount of $428,183.42 is
provided in Capital Accounts # 110-36-330-83607 and #110-36-330-83638 (Bridge
Improvements) leaving a surplus of $53,183.42.
The iow bidder has provided satisfactory service to the Municipality of Clarington in
recent years.
1225
II
VII
Totten Sims Hubicki Associates
513 Division Street,
Cobourg, Ontario. Canada K9A SG6
(905) 372-2121 Fax: (905) 372-3621
E-mail: cobourg@tsh.ca www.tsh.ca
/ '
engineers
architects
planners
]~JE<CIEIN1EIill
AUG 1 2 2005
August 10, 2005
Ms. Lou Ann Birkett, CPP, AMCT
Purchasing Manager
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. L1 C 3A6
MUNICIPALITY OF CLARINGTON
PURCHASING DEPARTMENT
SCHEDULE "A"
Dear Ms. Birkett:
Re: Contract CL200S-21, Municipality of Clarlngton
Part A - 4th Concession Culvert Replacement, Bowmanville
Part B - Erosion Protection and Driveway Access Repair, Old Varcoe Road, Courtice
Part C - Culvert Extension and Erosion Protection, Mearns Avenue, Bowmanvilie
Tenders for the above project were opened at the Municipal Offices on Friday August 5, 2005 at 2:00
p.m. A list of the bids received is provided in the table below. All numbers are exclusive ofGST.
BIDDER TOTAL BID AMOUNT
Peninsula Construction Inc. $284,788.80
Fonthill, ON
Boyle Excavating Limited $356,640.90
Bowmanville, ON
Aloia Bros. Concrete Contractors $379,872.73
Toronto, ON
The low bidder's tender has been checked and is in order. Peninsula Construction Inc. has previously
undertaken projects for the Municipality ofClarington, most recently Contract CL2004-14 which
involved the installation of guide rail and bridge rehabilitation work. The work was performed to an
acceptable standard. The contractor has also completed similar large culvert work in the City of
Hamilton, County of Hal dim and, Town of Niagara on the Lake and the Town of Fort Erie. All references
contacted stated that Peninsula Construction completed the work as specified with an excellent level of
workmanship and their staff showed an interest in ensuring the project ran smoothly.
Estimated total project costs based on Peninsula's low bid, previously completed works, contingencies
and contract administration are as shown on the attached Cost Apportionment. Based on the total project
cost of $375,000.00 and the available budget of $428,183.42 from Account #'s 110-36-330-83607 and
110-36-330-83638 the project will have a $53,182.42 surplus.
1226
SCHEDULE "A"
I ~.
./-"
Ms. Lou Ann Birken
AuguSIIO. 200S
2
It is recommended that the tender in the amount of$284,788.80 (exclusive ofG.S.T.) be awarded to
Peninsula Construction Inc. ofFonthill, Ontario based on available budget and their past performance.
Please proceed with the award of this Contract which is scheduled for completion by October 15, 2005
but requires all "in-water" works to be completed by September 15, 2005.
Should you have any questions regarding this matter, please contact the undersigned.
Best regards,
RAlra
p:\12.2~\21095.doe
Ene!.
pc: Mr. Fred Horvath, Director of Operations
Ms. Kaye Rand, Confidential Secretary to the Director of Operations
Mr. Larry Postil, Supervisor
Mr. Jerry Barber, Buyer, Purchasing Department
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1228
8. CL2005-32,
JANITORIAL SERVICES - VARIOUS LOCATIONS
A contract was awarded to Service Master Clean, Whitby, Ontario for a total bid amount
of $91,447.;37 plus G.S.T.
Tenders were publicly advertised and issued with bids being submitted as follows:
Service Master Clean
Whitby, ON
$29,586.00
$91,447.37
J & A Building Services Ltd.
Toronto, ON
$37,980.00
$117,392.38
'Plus GST
.. Includes the maximum allowable increases for years 2 and 3.
Services included janitorial services required at Hampton and Orono Operations Depots,
Parks Washrooms at Bowmanville Memorial, Rotary and Orono Parks, Clerks
Department Animal Services Building and the Tourism Information I Board of Trade
Office.
The term of the agreement provides for a period of up to three years with an annual
review and renewal subject to acceptable pricing and satisfactory service.
Funding required to complete this service is provided in the operating budgets of
Operations, Clerks and Corporate Services Departments.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be directed to the Director of the respective departments.
The subject firm has provided satisfactory service to Ontario Power Generation,
Pickering; YMCA, Oshawa; McGraw Hill Ryerson, Whitby and Ball Packaging Products,
Whitby.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-3330
1229
9. CL2005-25,
COMMUNICATION TOWER AND WIRELESS RADIO EQUIPMENT
A contract was awarded to Integra Data Systems Corporation, Markham, Ontario for a'
total bid amount of $139,040,00 plus G.S.T. ($136,907.00 Bid Amount + $2,133.00
addition of options)
Tenders were publicly advertised and issued with bids being submitted as per Schedule
"A" attached.
Integra Data Systems Corporation was the lowest responsible bidder meeting all terms,
conditions and specifications for tender CL2005-25.
Integra Data Systems offered the following options which Corporate Services. would like
to include:
1. An Ice Guard at a cost of $513.00 plus GST; and
2. Lights on the tower at a cost of $1,620.00 plus GST.
The addition of both of these options results in a revision of the initial bid in the amount
of $2,133.00 (plus GST) thereby increasing the total bid amount from $136,907.00 to a
revised amount of $139,040.00 (plus GST).
Total funds required for the project are $139,040.00 (plus GST). The 2005 budget for
this project amounted to $200,000.00. The total bid received, including the revisions
requested, is within the allocated budget amount.
Funding in the amount of $139.040.00 (plus GST) will be drawn from Account #110-16-
162-81610-7401 as provided in the 2005 Information Technology Capital Budget.
The low bidder has provided satisfactory service to the Municipality of Clarington for the
construction and installation of the 150' Communication tower at Station #4's new location
1230
qfJlpn
Municipality of Clarington
SCHEDULE "A"
BID SUMMARY
CL2005-25
COMMUNICATION TOWER & WIRELESS RADIO EQUIPMENT
I:: BIDDER I TOTAL BID I
Integra Data Systems Corp. $146,166.25
Markham, ON
Trilinks Communications Inc. $155,175.96
Bowmanville, ON
Mr. William James Dashper $193,150.35
Lanet Solutions
CaTECH Systems Ltd. Rejected - No Bid Deposit
Markham, ON submitted
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905) 623.3379 F (905) 623-3330
1231
10. Cl2005-30,
BARLOW COURT PARKETTE CONSTRUCTION
A contract was awarded to Rutherford Contracting Ltd., Gormley, Ontario for a '
total revised bid amount of $243,718.25 plus GST.
Tenders were publicly advertised and issued with bids being submitted as per
Schedule "A" attached.
Total funds required for the project are $252,836.16 ($243,718.25 tender,
$9,000.00 consulting fees plus $860.00 alternate material and 5% contingencies
less $12,928.00 paid by the developer).
The developer has agreed to reimburse the Municipality for a total of $12,928.00
(which has been deducted from the total funds required) for grading and sod.
Funding in the amount of $165,000.00 (90% Development Charges plus 10%
Reserve Funds) will be drawn from Account #110-32-325-83283-7401 as
provided in the 2005 Engineering Capital Budget. It is recommended that the
additional funds required be drawn from the same account.
The low bidder has provided satisfactory service to the Municipality of Clarington
in recent years.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905) 623-3330
1232
ClfJI.mgron
SCHEDULE "An
Bid Summary
TENDER CL2005-30
BARLOW COURT PARK CONSTRUCTION
-~
~d""~~~~'
Rutherford Contracting $243,718.25
Gormle . Ontario
Peninsula Construction $243,827.66"
Fonthill, Ontario
"incomplete bid
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905) 623-3379 F (905) 623-3330
1233
July 18,2005
HENRY KORTEKAAS
& ASSOCIATES INC.
82 Sherwood Rd. E.
Ajax, ONT LI T 2Z2
Telephone: (905) 427-2782 /1-866-959-9997
Fax: (905) 427-9964
Internet: hkortek(q1svrnoatico.ca
Peter Windolf
Municipality ofClarington
40 Temperance St.
BowmanviIle, ON LlC 3A6
Tel: (800) 563-1195
Fax: (905) 623-9282
Re: Barlow Court Parkette, BowmariviIle
Our Job # 05520.0
Dear Peter;
Further to our discussion and my review of the tender 1 find that Rutherford Contracting is the low bidder
and hereby recommend that you award the contract to them. They have been involved in the installation of several
parks in the Municipality of elarington and generally completed the parks on time and within budget. Through the
various projects I have worked with Rutherford,l found 1hem agreeable to work with and willing to work together
to achieve quality parkland development.
I recommend, without hesitation, that the Municipality award this tender to Rutherford Contracting.
Sincerely,
HENRY KORTEKAAS & ASSOCIATES INC.
Henry J. Kortekaas, B.L.A., M.E.S.
Principal Landscape Architect
HKIIr
X:\2005105520IFlNAL ICORRESPONDENCElBarlowCourttenderaward.doo
Landscape Architecture, Environmental Planning & Recreational Planning
1234
.
lilt
CL2005-27
, "
engineers
architects
planners
Totten Sims Hubic:ki Associates
513 Division Street.
Cobourg, Ontario, Canada K9A 5G6
1905) 372-2121 Fax: (905) 372-3621
E.mail: cobourg@tsh.ca www.tsh.ca
August 12, 2005
SCHEDULE "A"
Ms. Lou Ann Birkett, CPP, AMCT
Purchasing Manager
Corporation of the Municipality of Clarington
40 Temperance Street
BOWMANVILLE, Ontario. LlC 3A6
~~JID)
Dear Ms. Birkett:
Re: Contract No. CL200S-27
2005 Crack Sealing Program, Various Locations
Tender(s) for the above project were opened at the Municipal Offices on Friday June 24, 2005 at 2:00
p.m. A list of the bides) received is provided in the table below. All number(s) are exclusive of GST.
BIDDER TOTAL BID AMOUNT
Roadmaster Construction $ 53,398.95
Weston, ON
There were a total of five contractors that had picked up the tender but four did not end up submitting a
tender for various reasons such as:
. Too busy;
. Picked up as a sub-contractor for grinding only;
. Could not complete the grinding portion of the work; and
. Picked up the tender too late (June 23"') to complete bid on time.
The low bidder's tender has been checked and is in order. Roadmaster Construction has previously
undertaken crack sealing work for the City of Oshawa, City of Brampton, City of Niagara Falls and ETR
407 Concession Limited. All references contacted stated that Roadmaster Construction completed the
work to an acceptable level within project schedules and budget.
Based on the low bid submitted and other associated costs the total project costs would be in excess of the
available $50,000 budget from Account #100-36-381-10250-7163. The tender clearly stated that the
tender quantities could be increased or decreased as required to meet available budget and as such it is
recommended that the Item I be reduced from 33,255 m to 25,355 m and Item 2 be reduced from 350 m
to 60 m. These quantity reductions result in a revised total tender amount of $34,507 .95 (exclusive of
G.S.T.). The following is a summary of the total project costs exclusive ofG.S.T.:
Revised Tender Amount
Crack Sealing Program, Design and Tendering
Contract Administration
Contingencies
Total
$34,507.95
$8,080.54
$5,200.00
$2.211.51
$50,000.00
1235
<
Ms. Lou Ann Birken
August 12, 20llS
2
Our office has discussed the quantity adjustment with Roadmaster and they are agreeable to the
reductions and will maintain the unit prices bid in the original contract.
Based on the total project cost of $50,000.00 and the available budget of $50,000.00 from Account
#100-36-381-10250-7163 the project will fall within budget.
It is recommended that the revised tender in the amount of$34,507.95 (exclusive ofG.S.T.) be awarded
to Roadmaster Construction of Weston, Ontario based on available budget and their past performance.
Please proceed with the award of this Contract at your earliest convenience.
Should you have any questions regarding this malter, please contact the undersigned.
Best regards,
~p.Eng.
Project Engineer
RAlra
p;'J2.29]I3'w;:~\2Jl06.doc
pc: Fred Horvath, Director of Operations
Kaye Rand, Confidential Secretary to the Director of Operations
Larry Postill, Supervisor
Jerry Barber, Buyer, Purchasing Department
I.fM
ATTACHMENT , \ TO
REPORT # r'n \) -t)'t{.;'(]S
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
,
Being a By-law to authorize a contract between the Corporation of
the Municipality of, Clarington and Rutherford Contracting Ltd,
Gormley, Ontario, to enter into agreement for the Brookhouse
Parkette Construction.
THE COPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal,
a contract between Rutherford Contracting Ltd. Gormley, Ontario and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this
day of
By-law read a third time and finally passed this
day of
,2005.
,2005.
John Mutton
Mayor
Patti L. Barrie, Municipal Clerk
1237
ATTACHMENT' ~ TO
REPORT' C-OD-{JLf(,,-nS"'
Schedule liB"
THE CORPORATION OF THE MUNICIPALITY Of CLARINGTON
BY-LAW 2005-
Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Barr's Roofing, Newcastle,
Ontario, to enter into agreement for the Re-Roofing of the
Municipal Administrative Centre.
THE COPORATION OF THE MUNICIPAliTY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal,
a contract between Barr's Roofing, Newcastle, Ontario, Ontario and said
Corporation; and
2. THAT the contract atlached hereto as Schedule "A" form part of this By-law.
8y~law read a first and second time this
day of
,2005.
,2005.
By-law read a third time and finally passed this
day of
John Mutlon
Mayor
PaW L. Barrie, Municipal Clerk
1238
Schedule "e"
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW 2005.
Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Peninsula Construction Inc.
Fonthill, Ontario, to enter into agreement for Culvert Replacement
& Erosion Remedial Works.
THE COPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Claringlon and seal with the Corporation Seal,
a contract between Peninsula Construction Inc. Fonthill, Ontario and said
Corporation; and
3. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this
day of
,2005.
,2005.
By-law read a third time and finally passed this
day of
John Mutton
Mayor
Patti L. Barrie, Municipai Clerk
AlTACHMEN'T , 3 TO
REPOAl' Coo-c40-'OS"
1239
4-
ATIACHMENT II ~
REPORT 1/ ('A)f\-D%
Schedule liD"
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON
BY-LAW 2005-
Being a By-law to authorize a contract between the Corporation of
the Municipality of Cia ring ton and Rutherford Contracting Ltd.,
Gormley, Ontario, to enter into agreement for the Barlow Court
Parkette Construction.
THE COPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal,
a contract between Rutherford Contracting Ltd., Gormley, Ontario and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this
day of
day of
,2005.
By-law read a third time and finally passed this
,2005.
John Mutton
Mayor
Patti l. Barrie, Municipal Clerk
1240
ATIACHMENT # '5 TO_
REPORT It COD-O~::'
Schedule "E"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to authorize a contract between the Corporation of
the Municipality ofl Clarington and Roadmaster Construction,
Weston, Ontario to enter into agreement for the Crack Sealing
Program.
THE COPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and' Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal,
a contract between Roadmaster Construction, Weston, Ontario and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law,
By-law read a first and second time this
day of
day of
,2005.
By-law read a third time and finally passed this
,2005.
John Mutton
Mayor
Palli L. Barrie, Municipal Clerk
1241
Cl!J!mgron
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
TUESDAY, SEPTEMBER 6,2005
Resolution #:
Report #: FND-010-05
File#:
By-law #:
Subject:
ANNUAL LEASING REPORT - 2004
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-01 0-05 be received for information.
Submitted by:
Nancy Ta
Director
/7
R,,;'w,' bY~~P-
ranklin Wu,
f Chief Administrative Officer.
NT/hjl
1301
REPORT NO.: FND-010-05
PAGE 2
BACKGROUND:
Under Ontario Regulation 266/02, the Treasurer is required to report annually to Council
details of existing material leases confirming that they comply with the lease policy, a
summary of material leases, estimated cost of the material leases and the impact of
these leases on the financing arrangements and debt servicing levels of the
Municipality.
As required by the Municipal Act, 2001, Council adopted a Statement of Lease
Financing Policies and Goals in report FND-021-03, on Monday, September 8,2003.
To-date, Clarington has typically chosen to purchase or debenture (if necessary), rather
than to use financial leases with the exception of small office equipment and a limited
number of computers. All existing leases are immaterial according to Council policy and
therefore have no impact on long term financing or debt service levels of the
Municipality. The total of all of Clarington's minor leases do not exceed the threshold
for a single lease to be material.
CONCLUSION:
At this time, the Municipality of Clarington does not have any material leases. It is
recommended that this annual lease report be received for information in compliance
with Ontario Regulation 266/02.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169
1302
CI!J!llJglon
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
TUESDAY, SEPTEMBER 6,2005
Resolution #:
Report #: FND-011-05
File #:
By-law #:
Subject:
2005 I 2006 INSURANCE PROGRAM
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-011-05 be received; and
2. THAT the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan
Company for an integrated pooling arrangement that includes integrated
insurance coverages, common self retention deductible levels, and related stop
loss aggregate premium limits for the period July 1, 2005 to June 30, 2006 at an
approximate cost to Clarington of $528,693 be ratified.
"
R,,',w,d by; a~-
/ Franklin Wu,
.4t Chief Administrative Officer.
Submitted by:
Nancy Tayl
Director of
NT/hjl
1303
REPORT NO.: FND-011-05
PAGE 2
BACKGROUND AND INFORMATION:
1.0 The purpose of this report is to provide Council with an update with respect to
insurance coverage for the period July 1, 2005 to June 30, 2006. As Council is
aware, the Municipality of Clarington is a member of the Durham Municipal
Insurance Pool, Insurance has been a difficult issue over the past several years
due to world events and a 'hard' insurance market. Very few insurers are
interested in municipal liability coverage due to a generally poor loss experience
and an increase in frequency and severity of claims.
1.1 The Board of Directors of the Durham Municipal Insurance Pool (of which
Clarington sits as Chair), has proceeded with a proposal from the Frank Cowan
Company for an integrated pooling arrangement. The main features of the
proposal include:
1) Retention of Clarington's local insurance deductibles of $25,000 for most
of the lines of coverage
2) Sharing the cost of claims by the Pool members from the local deductible
level to $500,000 per claim, and
3) A total aggregate annual stop loss limit of $2.0 million for all claims falling
between the local deductible and the $500,000 pool deductible.
1.2 In order to proceed with the 2005/2006 placement, staff of the participating
municipalities recommended that each municipality's contribution to the Pool be
increased by 14.51 % over last year. This provides for the purchase of insurance
as well as the funding of $1.8 million of the annual aggregate mentioned above.
The balance would be funded from the pool surplus if necessary.
1.3 For Clarington, the 2005/2006 contribution is estimated at $528,693. This
represents the 14.51 % increase over last years' pool contribution of $461 ,717.
1.4 The 2005 budget for insurance is $500,000 for premiums as well as adjusters
costs and payment of claims below the local deductible. As a result, the budget
for insurance (as mentioned in budget deliberations) will require further
adjustment in the 2006 budget process. For 2005, any shortfall will be funded
through the self-insured losses reserve as required.
1304
REPORT NO.: FND-011-05
PAGE 3
CONCLUSION:
2.0 For the 2005/2006 year the Durham Municipal Insurance Pool has been
successful in obtaining a reasonable insurance placement with an increase that
is modest in comparison to those that some municipalities have been facing
across the country. It was therefore recommended that Clarington proceed with
the insurance placement in conjunction with the Durham Municipal Insurance
Pool with the Frank Cowan Company.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1305
CI!J!mgron
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
TUESDAY. SEPTEMBER 6.2005
Resolution #:
Report #: FND-012-05
File #:
By-law #:
Subject:
CASH ACTIVITY - FIRST QUARTER OF 2005
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-012-05 be received;
2. THAT in accordance with provision of Chapter 25. Section 296 of the Municipal
Act. S.O. 2001. the Treasurer reports the cash position of the Municipality of
Clarington for the first quarter of the year 2005. as shown on the attached
schedule; and
3. THAT Part "A" of the expenditures for the first quarter of the year be confirmed.
Submitted by:
~ Nanc Taylor. B.BA. CA.
r Director of Finance.
Reviewed by:
I ranklin Wu.
.If Chief Administrative Officer.
NT/AAllg
1306
REPORT NO.: FND-012-05
PAGE 2
BACKGROUND AND COMMENT:
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions for the first quarter of 2005, the cash investment position, the taxes
receivable position and the comparative information for the month ending
March 31, 2005. Statistical information, transit revenue and expenditure schedule is
for the first quarter of 2005.
Attachments:
Attachment A - Analysis of Revenue and Expenditures - First Quarter of 2005
Attachment B - Continuity of Taxes Receivable - As at March 2005
Attachment C - Statistical Information - As at March 2005
- Transit Revenue and Expenditure - As at March 2005
Attachment 0 - Investments Outstanding - As at March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169
1307
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Analysis of Revenue and Expenditures
lor the First Quarter of the Year 2005
REVENUE RECEIVED FOR GENERAL OPERATING
NO RESERVE FUND PURPOSES:
GENERAlffAX PAYMENTS RECEIVED
PROVINCE - COMMUNITY REINVESTMENT FUND
LINEAR PROPERTIES
CANADIAN WASTE - RENT AND ROY ALlTIES
DEVELOPMENT CHARGES-MUNICIPAL
DEVELOPMENT CHARGES-SCHOOL BOARD
DEVELOPMENT CHARGES-REGION
INTEREST
USE OF FUNDS:
PAYROLL
REGION LEVY
SCHOOL BOARD LEVIES
GENERAL-INCLUDING CAPITAL EXP.""
NET CASH PROVIDED (USED)
PART "A"
First Quarter
2004
28,888,748
o
1,775,368
11,205
1 ,201 ,707
174,408
1,508,539
336 566
33896541
3,904 ,828
9,451,884
4,419,073
10976949
28752734
5143807
BANK NET CASH 8ANK
BALANCE PROVIDED BALANC
FINANCIAL POSITION: DEC.31 2004 I USED MAR. 31 200
GENERAL FUND 6,848,591 (295,649) 9,034,476
RESERVE FUND 2,336,437 (2,063,392) 1,675,554
MUNICIPAL BOND INVESTMENTS 2,576,927 26,927 2,495,304
HOST COMMUNITY FUND IN TRUST 10,000,000 0 10,000,000
INVESTMENTS (GENERAL + RESERVE FUNDS) 51 267234 875.053 54360473
OT ALS 73.029 189 1 457 061 77 565 807
BANK BALANCES AS AT: JAN. 31 2005 JAN. 31 2004 FEB. 28 2005 FEB. 28 2004
GENERAL FUND 3,776,158 5,594,207 14,868,371 12,719,456
RESERVE FUND 284,718 1,026,364 268,503 1,728,229
MUNICIPAL BOND INVESTMENTS 2 586 385 2477 234 2 594 686 2486091
NOTE A: Difference in comparison between years due to timing difference in receipt of funds.
1308
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
ntinuity 01 Taxes Receivable
or the First Quarter of the Year 2005
December 31,2004
BEGINNING BALANCE INTEREST TAXES PAYMENTS
RECEIVABLE ADDEO BILLEO BALANCE /ADJUST:u
PREPAID TAXES 1 ,508 627
CURRENT YEAR
TAXES 4,151,955 23,602,665 27,754,620 (30,564,768)
PENAL TV ANO INTEREST 192,626 73 520 266 146 246061
FIRST PAIOR YEAR
TAXES 1,542,273 1,542.273 1,413,579
PENAL TV AND INTEREST 189.937 134946 324 a8S 129 670
SECOND PRIOR YEAR
TAXES 789,815 789,815
PENAL TV AND INTEREST 127616 52 339 179 955
HIRD & PRIOR YEARS
TAXES 843,511 843,511
PENALTY AND INTEREST 508921 54 055 562 976
OTAL 8346.654 314,860 23,602665 32264179
Includes refunds, wrile.offs, 496'5, etc.
NOTE 2: 2005 AND 2004 Interim Installment months: February and April.
NOTE 1: Tax payments do not tie into Part A due to timing differences since Part A is on a cash basis (ie. Difference due to outstanding deposits)
NOTE 3: Current year taxes are in a negative position because they represent prepaid taxes for the April installment.
PART -B-
H
(2,531,019)
17673
3,037,397
209 593
1.376,959
204 529
1,427,361
608 065
4,350558
1309
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
STATISTICAL INFORMATION
PART"C"
for the First Quarter
of the Year 2005 Year to Date
Tax Certificates 181 181
Number of Properties eligible for Tax
Reqistration (see Note 1) 98 .. see Note 2
Accounts Payable Cheques Issued
#67600 to #069513 1,816 1,816
Transit Total Adult Ridership 10,234 10,234
Transit Total Student Ridership 26,934 26,934
Transit Total Sr.lChild Ridership 2,501 2,501
Transit Total Ridership Across Region (Durham "0' 188 188
Transit Total Transfers 2,124 2,124
Number of Births Reqistered 5 5
Number of Deaths/Stiiibirths Reaistered 161 161
Nate 1: Only includes those properties whose arrears are greater than $10,000.
Note 2: Number of eligible properties for tax registration not applicable fOI
year-la-date comparison.
TRANSIT REVENUE AND EXPENDITURE
for the First Quarter
of the Year 2005 Year to Date
REVENUE
TRANSIT REVENUE 58,852 58,852
EXPENSES
MISCELLANEOUS OPERATING 16,647 16,647
TRANSIT CONTRACT 170,807 170,807
OPERATING ILOSS)/GAIN (128,602' (128,602
CAPITAL EXPENDITURES 0 0
1310
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
INVESTMENTS OUTSTANDING
AS AT MARCH 31,2005
PART "D"
FINANCIAL INVESTMENT INTEREST # OF DAYS MATURITY MATURIT
NSTITUTlor COST RATE O/S VALUE DATE
,
GENERAL FUND
TO 1,998,080.00 2.50% 14 2,000,000.00 Apr. 07/05
TOTAL GENERAL FUND 1.998,oaO,00
RESERVE FUND RBC . 806,000.00 3.70% 1,827 806,000.00 Jul. 09/08
RBC 1,425,999.88 5.11% 1913 1,851,467.00 June 01/06
RBC 1,683,100.32 5.15% 2019 2,221,035.00 Sept.15/06
RBC 1,855,574.20 5.15% 1913 2,414,000.00 June 01/06
RBC . 2,653,000.00 4.00% 365 2,653,000.00 May 25/05
RBC 495,186.85 4,00% 1171 561,500.00 Jun. 06/06
RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec. 01/08
RBC 739,938.86 3.55% 1704 869,800.00 Oct. 05/09
RBC . 1,450,000.00 4.10% 366 1,450,000.00 Dec. 01/05
RBC 1,566,467.00 5.45% 1826 2,042,463.00 Jan.29/06
RBC 500,000.00 3.25% 1827 595,239.37 June 21/08
RBC 500,000.00 6.75% 1460 683,408.84 June 21/05
RBC 481,878.00 4.45'% 1827 599,072.41 Mar. 04/08
RBC 868,578.00 4.10% 1098 979,853.00 Apr. 03/06
RBC . 970,000.00 3.20% 372 970,000.00 Mar. 1 9/06
RBC 500,000.00 6.25% 1095 578,782.97 June 21/04
RBC . 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 07/0'
RBC . 1,482,702.57 5.50% 1825 1 ,487,000.00 Feb. 1310E
RBC . 1,480,000.00 4.20% 366 1,480,000.00 Feb. 10/0E
RBC 208,000.00 4.35% 1830 257,351.00 May 1210E
RBC . 2,465,000.00 4.05%. 365 2,465,000.00 Jul. 23/05
RBC . 550,000.00 4.00% 730 550,000.00 Oct. 14/06
RBC 1 ,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/08
RBC 733,772.63 3.85% 1980 900,445.00 Jun. 02/10
RBC . 380,000.00 4.00% 358 380,000.00 Jun. 15/05
RBC 499,999.38 4.00% 1182 567,343.00 Jul. 26/06
RBC . 2,061,000.00 4.00% 365 2,061,000.00 Dec. 03/05
RBC 1,000,000.00 4.15% 1096 1,129,738.22 Apr. 10/06
RBC 1,500,000.00 5.50% 1694 1,500,000.00 Dec. 20/07
RBC' 638,000.00 6.40% 1598 638,000.00 Jun. 01/05
RBC' 906,000.00 4.10% 730 906,000.00 Sep. 29/06
RBC 372,440.00 4.40% 1826 461,912.00 May 28/09
RBC 1,520,617.00 5.35% 1826 1,973,297.00 Mar. 15/07
RBC 1,000,000.00 4.45% 1827 1,243,203.49 Aug. 09/07
HSBC 1,579,021.90 2.45% 365 1,617,707.94 Oct. 25/05
BMO 10,933,340.00 2,56% 87 11,000,000.00 Apr. 08/05
TOTAL RESERVE FUND 56,144,267.79
TOTAL INVESTMENTS 52,142;267.79
.. Investment interest paid on a monthly/semi-annual/annual basis
1311
Cl~ilJglOn
REPORT
ADMINISTRATION
Meeting:
General Purpose and Administration Committee
Date:
Tuesday, September 6, 2005
Report #: ADM-04-05
File#:
By-law #:
Subject:
CANADIAN ASSOCIATION OF NUCLEAR HOST COMMUNITIES
RESOLUTION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ADM-04-05 be received;
2. THAT the Canadian Association of Nuclear Host Communities (CANHC) be advised
that the Council of the Municipality of Clarington endorses the resolution in Attachment
No.1 as CANHC's formal comments on the Nuclear Waste Management Organization's
Draft Study Report; and
3. THAT a copy of this resolution be forwarded to the Secretary Treasurer of CANHC and
the other members of CANHC FORTHWITH.
Submitted b0..Ae~m
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5717
1401
REPORT NO.: ADM.04-OS
PAGE 2
COMMENTS
The Municipality of Clarington is a member of the Canadian Association of Nuclear Host
Communities (CANHC), with Mayor John Mutton and CAD. Franklin Wu currently serving as
Chair and Secretary-Treasurer respectively.
The Nuclear Waste Management Organization (NWMO), which was created to investigate
approaches for the long term management of Canada's used nuclear fuel, released its draft
Study Report entitled Choosing A Way Forward in May 2005. Through funding provided by
the NWMO, CANHC retained the consulting firm Acres - Sargent Lundy (ASL) to undertake a
peer review of the Draft Study Report and to prepare a report for CANHC's consideration.
On August 25, 2005, Mayor Mutton chaired a teleconference with a number of the member
municipalities of CANHC to consider a draft resolution that would represent CANHC's formal
position with respect to the NWMO's Draft Study Report. It was decided that the Councils of
each of the member municipalities should endorse the resolution prior to formal approval by
CANHC. The draft CANHC resolution forms Attachment 1 to this Report.
Staff Report PSD-l 07-05, also being considered by Committee at the September 6,2005
meeting, sets out the Municipality of Clarington's comments on the NWMO's Draft Study
Report. The comments presented in that report are consistent with the CANHC resolution.
Attachment No. 1 - Resolution
1402
ATTACHMENT NO.1 TO REPORT ADM -04-05
Draft Resolution for CANHC
WHEREAS the Nuclear Waste Management Organization (NWMO) has released its Draft Study Report
and has indicated that it intends to recommend to the Government of Canada that Adaptive Phased
Management be approved as the approach for the long term management of Canada's used nuclear
fuel waste;
AND WHEREAS Acres - Sargent &Lundy (ASL) has undertaken a peer review of the Draft Study
Report on behalf of the Canadian Association of Nuclear Host Communities (CANHC) and has
submitted a report to CANHC;
AND WHEREAS the implementation of Adaptive Phased Management within the time frame projected
by the NWMO is dependent on a number of factors, including a prompt decision by the Government of
Canada and the identification of a willing host community for the new facility within 10 years of the
Government's decision;
AND WHEREAS the expeditious relocation of the used nuclear fuel waste from the existing reactor
sites to a new central site is dependent on the timely implementation of Adaptive Phased Management
and the construction of a shallow storage facility at the central site for the used nuclear fuel waste;
AND WHEREAS the NWMO has indicated that they are not responsible for the used nuclear fuel waste
until it leaves its current locations and will not provide compensation to existing host communities while
the waste remains at the reactor sites;
AND WHEREAS the Draft Study Report fails to recognize that the continued secure storage of the used
nuclear fuel waste at the existing reactor sites is an integral and essential component of Adaptive
Phased Management;
NOW THEREFORE BE IT RESOLVED THAT:
1. The report prepared by ASL entitled Independent Peer Review of NWMO Draft Study Report
"Choosing A Way Forward", dated July 2005, is hereby endorsed by the Canadian Association of
Nuclear Host Communities;
2. The NWMO be requested to explicitly recognize in the Final Study Report that the existing host
communities are the first host communities for the used nuclear fuel waste and therefore its
recommendations shall include compensation for all host communities after the process of
implementing Adaptive Phased Management begins;
3. The NWMO and the Joint Waste Owners formally commit to collaborate closely with the current
nuclear host communities after submission of the Final Study Report and through the Implementation
Phase, and that sufficient funding for peer review services be provided to the Canadian Association of
Nuclear Host Communities on an on-going basis to ensure that the Association can continue to
participate effectively in the nuclear fuel waste management process;
4. The NWMO address the issue of retroactive compensation (i.e. the period of time prior to
implementation of Adaptive Phased Management) in the Final Study Report for all communities that
previously and currently host nuclear waste, and
5. A copy of this resolution be forwarded to the Nuclear Waste Management Organization, the Board of
Directors and Advisory Council for the NWMO, the federal Minister of Natural Resources, affected
provincial ministers responsible for energy, nuclear operators, and the local members of parliament and
provincial parliaments for the host communities.
1403
Unfinished Business
Cl!Jlmgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, September 6,2005
Report #: Addendum to PSD-056-05
File#:
By-law #:
SUBJECT: GREENBELT ACT AND GREENBELT PLAN - STATUS OF APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT this Addendum to Report PSD-056-05 be received for information; and
2. THAT all interested parties listed in this report, the Region of Durham, and any
delegations be advised of Council's decision.
Submitted by:
D vid . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
1/
HB*DJC*sh*lb
August 29, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1501
Addendum to PSD-056-05
Page 2
1.0 PURPOSE
1.1 As reported to Council on April 25, 2005 there were six development proposals that
were impacted by the Greenbelt legislation. The purpose of this report is to provide an
update on the status of these applications.
2.0 THE GREENBELT PROTECTION ACT, 2004 (BILL 27) AND THE GREENBELT ACT,
2005 (BILL 135)
2.1 The Greenbelt Protection Act, 2004 received first reading on December 16, 2003.
Although it received Royal Assent and came into law on June 24, 2004, the Act was
deemed to have come into effect on December 16, 2003 and would be repealed on
December 16, 2004. Among other things, the effect of this Act was to:
. established a greenbelt study area which included the Region of Durham;
. prohibit municipalities from enacting a zoning by-law, adopting an official plan
amendment or approve a plan of subdivision on lands located outside an urban
settlement area between December 16, 2003 and December 16, 2004;
. prohibit municipalities from receiving applications for official plan amendments,
zoning by-law amendments or plan of subdivision on lands outside of an urban
settlement area between December 16, 2003 and December 16, 2004
. prohibit any person from making an application to amend a zoning by-law or
official plan, or for a plan of subdivision on lands outside an urban settlement
area (subsection 5 (1)); and
· deem any application made on or after December 16, 2003, but before the Act
received Royal Assent (June 24, 2004), as of no effect (subsection 5 (3)).
2.2 The Greenbelt Act, 2005 allows Provincial Cabinet to designate a Greenbelt Area and
establish a Greenbelt Plan. This Act establishes that the Greenbelt Plan shall be
deemed to have come into force on December 16, 2004. Subsection 34 (7) of the Act
states that those applications submitted prior to December 16, 2004 are not required to
conform to the policies of the Greenbelt Plan.
3.0 STATUS OF APPLICATIONS
3.1 Tables 1 and 2 provide a summary of those development proposals impacted by the
Greenbelt legislation. Table 1, contained in Attachment 1, identifies the four
development proposals that were received prior to December 16, 2003, being the
effective date of the Greenbelt Protection Act (Bill 27). Three of these proposals are on
lands located within the Greenbelt Plan Area. The Planning Act applications for these
proposals are grandfathered by the Greenbelt Act (Bill 135) enabling review to proceed.
The other proposal is on lands not within the Greenbelt Plan Area and planning review
can also proceed on these applications.
1502
Addendum to PSD-056-05
Page 3
3.2 Table 2 (Attachment 2) identifies the two development proposals for which applications
were received after December 16, 2003 and before June 23, 2004. The proposal by
Miller Waste is on lands located outside the Greenbelt Plan Area. However, since Bill
27 deemed this application to be of "no effect", the applicant re-fiIed this application.
The other development proposal by Nash Road Developments Inc. is for lands within
the Greenbelt Plan Area. Details regarding this application and applicability of the
Greenbelt legislation is provided in the following sections.
3.3 Nash Road Developments Inc.
3.3.1 On December 23, 2003, an application to amend the Clarington Official Plan (COPA
2003-015) and an application to amend the Hancock Neighbourhood Plan (PLN
31.5.2.1) were submitted on behalf of Nash Road Development Inc. The purpose of
these applications is to expand the Courtice Urban Boundary and the limits of the
Hancock Neighbourhood to include 41.6 ha of land located east of Hancock Road
hence enabling future urban residential development of these lands.
3.3.2 Clarington advised the applicant that the Minister of Municipal Affairs and Housing,
introduced Bill 27, the Greenbelt Protection Act, and filed Ontario Regulation 432/03,
being the related Minster's Zoning Order on December 16, 2003, and that this Act and
Regulation prohibit Municipalities from accepting development applications on lands
beyond the limit of urban settlement areas. However, since Bill 27 had only received
first reading and was not in force, Clarington did advise that the applications would be
circulated for agency comments but that the statutory Public Meeting under the
Planning Act would not be held at that time.
3.3.3 Shortly after passage of the Greenbelt Act, Clarington requested the Province to advise
whether COPA 2003-015 and PLN 31.5.2.1 are valid applications. In June 2005 the
Province advised that as this is a legal issue, Clarington should seek the advice of our
legal counsel. The Municipality's solicitor has advised that under the Greenbelt
Protection Act, 2004, applications for Official Plan Amendments for lands located
beyond an urban settlement area which had been submitted to the Municipality between
December 16, 2003 and June 24, 2004 were deemed to have no effect and therefore,
were void in law. Such applications were not revived to become valid under the
Greenbelt Act, 2005. COPA 2003-015 remains invalid. Since the application to amend
the Neighbourhood Plan (PLN 31.5.2.1) was dependent on the Official Plan Amendment
being approved, it cannot be processed. Accordingly, the applicant was notified on
August 23,2005 that the files (COPA 2003-015 and PLN 31.5.2.1) have been closed.
4.0 CONCLUSION
4.1 Of the six development proposals impacted by the Provincial Greenbelt Legislation,
three are proceeding in accordance with the transitional policies, two are no longer
1503
Addendum to PSD-056-05
Page 4
affected as the lands are not within the Greenbelt Plan Area, and the applici3tions for
one development proposal have been closed.
Attachments:
Attachment 1 - Development applications received prior to December 16, 2003 and impacted
by the Greenbelt Protection Act and Greenbelt Act
Attachment 2 Development applications received between December 16, 2003 and June
24, 2004 and impacted by the Greenbelt Protection Act and Greenbelt Act
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