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06/27/2005
�. Clarin n I eading the Way DATE: MONDAY, JUNE 27, 2005 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on June 13, 2005 PRESENTATIONS Mayor's Awards of Academic Excellence - Grade 8 Elementary and Grade 12 Secondary Graduates \. Quinn Cryderman — Mayor for a Day Certificate of Commendation - Aaron Joseph Jones 2005 Senior of the Year Award - Al Strike Family Safety Day - Ontario Power Generation, Kelseys and Durham Regional Police PUBLIC MEETING Commercial Policy Review, General Amendment to Zoning By-law 84-63 and the Rezoning of Certain Properties in the Bowmanville West Town Centre DELEGATIONS a) Keith Kelly — Audio Street Lights at Liberty and King Streets b) Representative of the Clarington Accessibility Advisory Committee — Addendum to Report EGD-21-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LTC 3A6 T (905) 623-3379 Council Agenda - 2 - June 27, 2005 c) Representatives of Halloway Holdings Limited — Reports PSD-077-95 and PSD-078-05 d) John and Lillian Bouma — Addendum to Report PSD-078-05 e) Robert Hann, Valiant Property Management— Report PSD-097-05 f) Penzin Gyaltsan, Newcastle IGA — Report PSD-097-05 g) Ron Hooper, Bowmanville BIA — Report PSD-097-05 h) Lynda Townsend Renaud, Lynda Townsend Renaud Law Office — Report PSD-097-05 i) Eileen Cospello, Aird & Berlis LLP — Report PSD-097-05 j) Mark Frayne, Holburn — Report PSD-097-05 k) Terry and Phyllis Price — Report PSD-097-05 1) Ernest Burnie on behalf of Wilmot Creek — Report PSD-097-05 m) Stan Stein, Osler, Hoskin & Harcourt LLP — Report PSD-097-05 n) Ira Kagan, Kagan Shastri — Report PSD-078-05, Report PSD-097-05 and Commercial Policy Review o) Steve Kay — Report PSD-080-05 p) Durham HomeBuilders Association — Report EGD-024-05 q) Brian O'Connor— Report EGD-024-05 COMMUNICATIONS Receive for Information 1 - 1 Kim Coates, Clerk, Township of Scugog - NASCAR Series 1 - 2 Garry Pringle, Environmental Specialist, Ontario Reality Corporation - Soil and Groundwater Treatment System 1 - 3 Minutes of the Newcastle Community Hall Board Meeting dated May 17, 2005 %W 1 - 4 Minutes of the Tyrone Community Centre Meeting dated May 7, 2005 Council Agenda - 3 - June 27, 2005 `` 1 - 5 Minutes of the Local Architectural Conservation Advisory Committee Meeting dated May 17, 2005 1 - 6 Ministry of Municipal Affairs and Housing - Ontario Rental Housing Tribunal 1 - 7 Ministry of Municipal Affairs and Housing - Peel Regional Council 1 - 8 Ministry of Municipal Affairs and Housing - Memorandum of Understanding 1 - 9 Minutes of the Clarington Highway 407 Community Advisory Committee Meeting dated June 14, 2005 1 - 10 Minutes of the Physician Recruitment Committee Meeting dated May 26, 2005 1 - 11 Michael Coleman, President, Federation of Canadian Municipalities - New Deal for Cities and Communities 1 - 12 Ian Macnab, Chief Administrative Officer, Kawartha Conservation - 2004 Annual Report ire I - 13 M. de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax - Head of Council for the Regional Municipality of Durham 1 - 14 Marie Hubbard, Chair, Ontario Municipal Board - 2003-2004 Ontario Municipal Board and Board of Negotiation Annual Report 1 - 15 Ministry of Municipal Affairs and Housing - Federal Gas Taxes 1 - 16 Ministry of Municipal Affairs and Housing - Greenbelt Foundation 1 - 17 P.M. Madill, Regional Clerk, Region of Durham - Building Permit Activity 1 - 18 P.M. Madill, Regional Clerk, Region of Durham - Greenbelt Plan 1 - 19 Marika Hare, General Manager, Central Region Operations, Enbridge - Enbridge Gas Distribution's Newsletter 1 - 20 Trinity United Church —Amendment to the Ontario Heritage Act Correspondence For Direction D - 1 David Climenhage, President, Great Canadian Town Band Festival - Request for `" Road Closure Council Agenda - 4 - June 27, 2005 D - 2 Petition - Proposed Walmart, Bowmanville D - 3 Councillor Gord Robinson, Council Liaison, Orono BIA - Orono Chili Cook Off D - 4 The Honourable Dr. Marie Bountrogianni, Minister of Citizenship and Immigration - Ontario Medal for Good Citizenship D - 5 The Honourable John Gerresten, Minister Responsible for Seniors - 2005 Senior Achievement Award Program D - 6 Local Architectural Conservation Advisory Committee - Heritage Structures D - 7 Association of Municipalities of Ontario - Line Fences Act D - 8 D. Gilchrist, Supervisor, Legislated Services, City of Kitchener - Community Improvement Activities D - 9 Andre Belanger, Mayor, The Corporation of the Town of Cobalt - Cobalt Water Treatment Facility D - 10 Jeff Carter - Canada World Youth International Educational Program D - 11 Carolyn Downs, City Clerk, City of Kingston - Dental Care Services D - 12 Michael Power, President, Northwestern Ontario Municipal Association - Forest Sector Competitiveness Report D - 13 Mary Masse, Deputy Clerk, The Corporation of the Town of Lakeshore - Land Use Regulations D - 14 Gabrielle Bell, Events Coordinator, Newcastle Community Hall Board — Emergency Evacuation Site MOTION NOTICE OF MOTION REPORTS 1 . General Purpose and Administration Committee Report of June 20, 2005 2. Report COD-039-05 — Fair Wage Policy 3. Report FND-009-05 — Clarington Older Adult Centre 4. Report COD-038-05 — Co-operative Tender CL2005-9 Traffic Signs Council Agenda - 5 - June 27, 2005 5. Report COD-040-05 — CriSys Fire Dispatch System Upgrade 6. Report EGD-23-05 — Bowmanville Professional Building, Authorizing By-law for the Execution of a Servicing Agreement between Bowmanville Professional Building Inc. and the Corporation of the Municipality of Clarington 7. Report OPD-011-05 — St. George's Cemetery, Newcastle 8. Report OPD-013-05 — Addendum to Cemetery By-law#2005-067 9. Report PSD-094-05 —Amendment to By-law 2003-185, Application Fees — Planning and Development Applications 10. Report PSD-096-05 — Commercial Policy Review, General Amendment to Zoning By-law 84-63 and the Rezoning of Certain Properties in the Bowmanville West Town Centre 11. Report PSD-097-05 —Amendment for Light Industrial Policies to Permit the Development of a Retail Commercial and Restaurant Floorspace, Large Warehouse and Hotel and Convention Facility, AYT Corporation 12. Report EGD-24-05 — Building Regulatory Changes — Impact of Building Code Statute Law Amendment Act and Ontario Regulation 305/03 (to be distributed under separate cover) 13. Confidential Report EGD-025-05 — Property Matter 14. Confidential Report PSD-098-05 — Property Matter UNFINISHED BUSINESS 1. Addendum to Report PSD-079-05 — Bowmanville Community Improvement Plan 2. Report PSD-077-05 — Commercial Policy Review, Amendment 43 to the Clarington Official Plan (referred from Special GPA June 13, 2005) 3. Report PSD-078-05 — Bowmanville West Main Central Area Secondary Plan Review Amendment 44 to the Clarington Official Plan and Related Applications by Halloway Holdings Limited and West Diamond Properties Inc./Players Business Park Limited (Addendum to Report PSD-078-05 to be distributed under separate cover) (referred from Special GPA June 13, 2005) 4. Addendum to Report EGD-021-05 —Accessible Parking Proposed Amendments to By-law 91-58 (referred from GPA June 20, 2005) Council Agenda - 6 - June 27, 2005 `- OTHER BUSINESS a) Appointments to the Clarington Animal Advisory Committee, Clarington Traffic Management Advisory Committee and the Clarington Accessibility Advisory Committee (Applications Circulated under Separate Cover) b) Regional Update c) Boards and Committees Update BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT vr. (kht..gtw Council Meeting Minutes June 13, 2005 Minutes of a regular meeting of Council held on June 13, 2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir Administrative Assistant to the Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-296-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on May 30, 2005, be approved. "CARRIED" Council Meeting Minutes -2- June 13, 2005 MINUTES Resolution #C-297-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on June 6, 2005, be approved. "CARRIED" DELEGATIONS Bob Hann, Valiant Property Management - Bowmanville West Main Central Area Secondary Plan Review, appeared at the General Purpose and Administration Committee Meeting held earlier today. Brent Clarkson, MHBC Planning - Bowmanville West Main Central Area Secondary Plan Review— appeared at the General Purpose and Administration Committee Meeting held earlier today. Ira Kagan, Kagan Shastri, Barristers and Solicitors - Bowmanville West Main Central Area, appeared before Council and had nothing to add regarding the Special General Purpose and Administration Meeting held earlier today. COMMUNICATIONS Resolution #C-298-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT the communications to be received for information be approved as per the agenda, with the exception of Items I — 11, 1 — 22 and I — 29. "CARRIED" 1 - 1 J.R. Powell, Chief Administrative Officer, Central Lake Ontario A01 .CE Conservation Authority, providing Council with a copy of their 2004 Annual Report. 1 - 2 J.R. Powell, Chief Administrative Officer, Central Lake Ontario A01 .CE Conservation Authority, advising Council that the Central Lake Ontario Conservation Authority on May 17, 2005, passed the following resolution: "THAT the proposed 2005 Budget estimates totaling $5,666,100 be approved as presented; Council Meeting Minutes -3- June 13, 2005 COMMUNICATIONS THAT the Region of Durham be requested to approve an operating levy of$1,951,600; THAT the Projects described in the Budget Report be adopted as projects of the Authority; and THAT copies of the 2005 Budget Report be distributed to the Region of Durham and member municipalities for their information on the projects and programs of the Central Lake Ontario Conservation Authority." 1 - 3 St. Marys Cement, providing Council with a copy of their Community E05.ST Newsletter. 1 - 4 George S. Graham, Clerk-Administrator, Township of Brock, writing to P16.GE the Region of Durham advising that the Township of Brock has endorsed the following resolution of the City of Oshawa: 111. THAT the Region of Durham respectfully be: (a) requested to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services, as per Option 2 outlined in Section 3.2.3 of Report OS-05-37-CM dated March 8, 2005; and (b) continue to comply with established response criteria protocols for the dispatch of municipal Fire Services. 2. THAT Report OS-05-37-CM be forwarded to Durham Region municipalities, the Association of Municipalities of Ontario, area MPP's, the Association of Municipal Emergency Medical Services of Ontario, the Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office, and the Ministry of Community Safety and Correctional Services requesting a letter of support be forwarded to the Minister of Health and Long Term Care for increased funding for the Regional provision of Emergency Medical Services, Regional reimbursement of costs for municipal Fire Services EMS support, and the transfer of the Central Ambulance Communications Centre to Regional EMS. 3. THAT the Ministry of Health and Long Term Care arrange a meeting with the Ministry of Community Safety and Correctional Services, and the Ontario Association of Fire Chiefs to address improvements in the EMS model including increased funding for the provision of emergency medical services. Council Meeting Minutes -4- June 13, 2005 COMMUNICATIONS 4. THAT the Ministry of Health and Long Term Care be requested to establish up-to-date response time standards for Regional EMS. 5. THAT the City of Oshawa request the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities." 1 - 5 George Armstrong, Manager of Regulatory Affairs and Key Projects, E06.VE Veridian Corporation, advising Council that Dominion Bond Rating Services (DBRS) has updated the Veridian Corporation's, credit rating to 'A' with a stable trend. Veridian has been operation under an A (low) rating since July of 2004. Veridian's 'A' credit rating is the highest DRBS rating currently held by any municipally owned local electricity distributor in Ontario. 1 - 6 Chris Conti, Executive Director, Friends of Second Marsh, providing E05.GE Council with a copy of an article in the Durham Region section of the Toronto Sun on Sunday, May 8, 2005, featuring Second Marsh. 1 - 7 J. Stalker, General Manager, Weetabix of Canada Limited, writing to the M06.GE Clarington Fire and Emergency Services Department to thank staff for P16.GE their efforts on Monday, April 25, 2005. By controlling the massive fire in the Northam Industrial Park, their building and products were saved from potential destruction and/or contamination. 1 - 8 Ministry of Public Infrastructure Renewal, advising Council that the L11.GE release of the McGuinty government's long-term plan for infrastructure investment, ReNew Ontario, will launch a renaissance for Ontario's public facilities. Over the next five years, the government and its partners will invest more than $30 billion in public infrastructure including: Approximately $5 billion for health care projects, including 105 hospital projects; More than $10 billion to improve elementary and secondary schools and renew postsecondary facilities; and About $11.4 billion to improve public transit, highways, border crossing and other transportation systems. Council Meeting Minutes -5- June 13, 2005 COMMUNICATIONS 1 - 9 Federation of Canadian Municipalities, advising Council that the federal E05.GE Budget passed second reading, but several opportunities remain for the legislation to be defeated before the summer recess. However, they are encouraged that all national parties have indicated their support for fixing our cities and communities through new funding arrangements for municipal infrastructure, including the gas tax transfer, the Green Municipal Fund and affordable housing. 1 - 10 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska C06.GA Region Conservation Authority, providing Council will a copy of the Full A01.GA Authority board meeting minutes held on May 19, 2005. Ms. Laliberte has also included copies of their Annual Report. 1 - 12 Ministry of Consumers and Business Services, reminding Council of the L11.GE countdown to the launch of legislation that will strengthen the province's new consumer protection regulations. Compliance with the new legislation, which comes into force on July 30, 2005, will make Ontario a national leader as a safe and informed marketplace. This act applies to most goods and services and includes new rules concerning: • Disclosure in consumer agreements; • Consumer remedies, including longer cooling-off periods; and • Amendments, renewal or extensions to consumer agreements and contracts. 1 - 13 Christine Chase, Administrative Assistant, Department of Development E05.GE Services, City of Oshawa, writing to Ellen Reed, Minister of Environment, advising that the City of Oshawa on May 24, 2005, passed the following resolution with respect to the Report of the Experts Panel on Sound-Sorb: 111. THAT Report DS-05-152 dated May 4, 2005, from the Commissioner of Development Services be endorsed as the City of Oshawa's comments on the Report of the Experts Panel on Sound-Sorb: 2. THAT municipal approval also be required for placement of this regulated material, including appropriate site controls implemented with the approval of the Council of the municipality. Council Meeting Minutes -6- June 13, 2005 COMMUNICATIONS 3. THAT a copy of Report DS-05-152 dated May 4, 2005, from the Commissioner of Development Services be forwarded to the Ministry of the Environment, the Regional Municipality of Durham, the Municipality of Clarington, Courtice Auto Wreckers Limited, Atlantic Packaging Limited, the Oshawa Skeet & Gun Club and the Protect the Ridges Coalition. 4. THAT the Ministry of the Environment be requested to hold the public meeting for the Experts Panel on Sound Sorb as soon as possible." 1 - 14 John Gerretsen, Minister of Municipal Affairs and Housing, informing P09.GE Council of the status of the changes to the Building Code Act, 1992 and Building Code resulting for the Building Code Statute Law Amendment Act, 2002 (Bill 124). The Government has extended the implementation period to January 1, 2006, for some of the new requirements, specifically: • The qualification requirements for building officials and designers; • The timeframes for the review of building permit applications; and • The commencement of the first reporting period for the municipal annual building permit fee report. Following the January implementation date, a Building Advisory Council will be established to monitor implementation practices and ongoing improvements to the building regulatory environment throughout Ontario. 1 - 15 Minutes of the Clarington Museums and Archives Board meeting dated C06.CL May 11, 2005. 1 - 16 John R. O'Toole, MPP, Durham, providing Council with a copy of a letter L11.GE from The Honourable David Ramsay regarding a review of licence fees under the Aggregate Resources Act. The Minister has advised that the Ministry of Natural Resources is reviewing the licensing fee structure to determine if an increase is warranted. 1 - 17 Association of Municipalities of Ontario, advising Council that the launch of the second of three application intakes for the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) is anticipated for mid- June. Applicants are expected to have until the end of September 2005 to complete and submit Intake Two applications. As in Intake One, all municipalities of fewer than 250,000 people will be eligible to apply for Intake Two. Council Meeting Minutes -7- June 13, 2005 COMMUNICATIONS 1 - 18 John R. O'Toole, MPP, Durham, advising Council that he has written to C10.MO The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, supporting Council's position on the City of North Bay's resolution regarding parks/trail maintenance. 1 - 19 Federation of Canadian Municipalities (FCM), advising Council that they A01.FE are set to launch Tsunami Rebuilding Programs in Sri Lanka and Indonesia. From February 20 to March 5, 2005, FCM's International Centre for Municipal Development (ICMD) participated in a fact-finding mission with federal and provincial officials to assess ways to provide long-term assistance to communities in Sri Lanka and Indonesia affected by the December 2004 tsunami. In April, they submitted the mission's report to the Canadian International Development Agency (CIDA). The report recommended that municipal-to-municipal relationships be forged, with FCM acting as the coordinating organization, focusing in part on local government in Sri Lanka and in Aceh, Indonesia. 1 - 20 Suzanne McCrimmon, Clarington Board of Trade, advising Council that E05.GE she has been involved with other Durham—based stakeholders to encourage and plan for a more formal energy sector partner alliance consisting of the public/utility sectors, private business and academia. The collective objective is to coordinate and enhance local energy stakeholder initiatives in order to: 1. attract new energy sector business headquarters, start-up incubation businesses and larger manufacturing energy operations and jobs locally; 2. retain and expand existing local energy sector operations and facilities; and 3. position Clarington as a partner striving to Energize Ontario. The alliance is called the "Durham Strategic Energy Alliance' (DSEA) and was launched by the founding members at the Energy and Environment Conference (EECO). 1 - 21 John O'Toole, MPP, Durham, providing Council with a copy of a news E08.GE release and backgrounder from Ontario's Environment Minister regarding the proposed requirements for owners of drinking water systems that serve facilities such as rural community halls, churches and seasonal campgrounds. The backgrounder points out that only microbiological testing is required and owners are not required to install treatment equipment. Council Meeting Minutes -8- June 13, 2005 COMMUNICATIONS 1 - 23 Association of Municipalities of Ontario (AMO), advising Council that the A01.AM Federal Government will provide an additional $310 million for municipal transit in Ontario. Subject to the passage of Bill C48, municipalities in Ontario providing transit services would receive additional federal funding in 2005/06 and 2007/08. The total amount of funding over two years is $310 million. This new funding is in additional to the $1.9 billion that Ontario municipalities would receive over the next five years through the Federal commitment to share 5-cents-per-litre of Federal gas tax with municipalities. That funding would provide $224 million in Ontario in 2005/06 growing to $746 million in 2009/10. 1 - 24 Nuclear Waste Management Organization, providing Council with a copy P03.GE of "Choosing a Way Forward — The Future Management of Canada's Used Nuclear Fuel" draft study report. 1 -25 Darla Price and Melinda Mantle, Co-Chairs, Women of Distinction Task F11.GE Force, thanking Council for their contribution towards the 23rd Annual Women of Distinction Awards which took place on May 12, 2005. The event helped to raise much-needed funds for the YWCA Durham. 1 - 26 John O'Toole, MPP, Durham, providing Council with a copy of a letter M02.GE received from The Honourable Jim Bradley, Minister of Tourism and Recreation, regarding the possibility of provincial support for a NASCAR event at the Mosport International Raceway. Mr. O'Toole advises that he is encouraged by the Minister's positive feedback. 1 - 27 John Mackie, Director of Education and Secretary-Treasurer of the SOO.GE Board, Peterborough Victoria Northumberland and Clarington Catholic District School Board, providing Council with a copy of the 2003-2004 Director's Annual Report. 1 -28 Minutes of the Local Architectural Conservation Advisory Committee C0610 meeting of May 17, 2005. 1 - 11 Ministry of Municipal Affairs and Housing, advising Council that the E05.GE McGuinty government has taken the next step in its plan for the permanent protection of Ontario's Greenbelt with the appointment of the Greenbelt Council, required by the Greenbelt Act, 2005. The Council will provide advice on the administration of the Greenbelt and will guide the government on such matters as the implementation of the Greenbelt Plan, performance measures and the 10 year review of the plan. Council Meeting Minutes -9- June 13, 2005 COMMUNICATIONS Resolution #C-299-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item I — 11 be received for information. "CARRIED" 1 - 22 Association of Municipalities of Ontario (AMO), advising Council of A01.AM higher costs for municipalities, municipal employees and property tax payers as the Provincial government introduced a Bill to reduce its oversight role in the Ontario Municipal Employees Retirement System (OMERS) and permit additional pension benefits for some plan members. The Bill would change OMERS in two very significant ways: First, changes to its governance structure would allow the Government of Ontario to withdraw from its responsibilities as the plan's sponsor, and its responsibility as an indirect employer of thousands of OMERS members. Administrative costs currently borne by the Province would become the responsibility of a "Sponsor's Corporation" of employer and employee plan "sponsors" who will have to create new capacity where none currently exists. In addition, the Government would no longer be responsible for approving contribution rate increases such as a substantial and costly increase being considered for 2006. Second, the Bill provides for the creation of supplemental plans requested by some employee groups. The supplementary plans would provide additional retirement benefits for fire fighters and police officers. The supplemental plans would be separate from, and in addition to, the OMERS Basic plan, which would also create additional administrative complexity and, therefore, higher operational costs. Resolution #C-300-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1 - 22 be received; and THAT OMERS be requested to allow the Municipality of Clarington the opportunity for input. "CARRIED" Council Meeting Minutes -10- June 13, 2005 COMMUNICATIONS 1 - 29 Ministry of Labour, advising Council that the McGuinty government is L11.GE introducing legislation that would end mandatory retirement and provide a greater fairness and choice for workers aged 65 and older. The Ontario Human Rights Code currently does not protect people aged 65 and over from age discrimination for employment purposes. As a result, employees can be forced to retire at age 65. If passed, the proposed legislation would amend the code and a variety of other statutes that have provisions connected to mandatory retirement. Among other things, the legislation would: • Become effective one year after it receives Royal assent; • Continue to allow mandatory retirement where it can be justified on "bona fide occupational requirement' grounds determined under the Human Rights Code (i.e. where there is a requirement or qualification necessary for the performance of essential job duties). Resolution #C-301-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item I - 29 be referred to staff for report. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-302-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Items be approved as per the agenda, with the exception of ItemsD - 1, D - 2, D - 7 and D -8. "CARRIED" Council Meeting Minutes -11- June 13, 2005 COMMUNICATIONS D - 3 Susan Mauti, Programs and Services Consultant, Ontario Outreach SOO.GE Coordinator, Social Development Sectors Branch, Ontario Region, Social Development Canada, providing Council with the most recent fact sheet and poster on the Guaranteed Income Supplement. Ms. Mauti also notes that there has been changes pertaining to the Child Rearing Drop Out Provision, under the Canada Pension Plan (CPP). If pensioners or their spouses took time out of the workforce to stay home and raise children, then they may be eligible for the child rearing drop out provision when they apply for CPP. (Correspondence referred to the Older Adults Association) D - 4 Susan Hancock, requesting the closure of the north-south 4' walkway T09.GE located between 16 and 18 Carlisle Avenue and exiting between 11 and 15 Liberty Place. Mrs. Hancock understands that this walkway is part of the property of 18 Carlisle Avenue and 15 Liberty Place. This walkway/right of way has not been maintained by the Municipality since 1973. All weed clearance, garbage and glass pickup has been performed by the adjacent property owners. The cost of fencing has also been borne by the property owners. The pedestrian use of the walkway has caused damage to structural property and vehicles, which are parked in the driveway between 16 and 18 Carlisle Avenue. (Correspondence referred to the Director of Engineering Services) D - 5 P.M. Madill, Regional Clerk, Region of Durham, writing to The C10.MO Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Minister Responsible for Seniors, advising that the Region of Durham on May 25, 2005, passed the following resolution: ,,a) THAT the public secondary uses identified in Attachment#4 to Report #2005-P-41 of the Commissioner of Planning be declared as the Region's interests in the Durham Hydro Corridor Lands, b) THAT the Ministry of Municipal Affairs and Housing be requested to provide the Region and area municipalities with opportunities to submit additional interests for public secondary uses on the hydro corridor lands, as supporting studies are completed; c) THAT the Ministry be urged to review the individual municipal submissions from the Greater Toronto Area (GTA) in a holistic manner, to ensure that inter-regional opportunities for secondary use of the hydro corridor lands are examined; and Council Meeting Minutes -12- June 13, 2005 COMMUNICATIONS d) THAT a copy of Report#2005-P-41 of the Commissioner of Planning be forwarded to the area municipalities, Toronto Region Conservation Authority, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Greater Toronto Area municipalities, and the City of Hamilton." (Correspondence referred to the Director of Planning Services) D - 6 Harvey Starkman, Vice President, Toronto Residents In Partnership P15.GE (TRIP), advising Council that TRIP has taken up the challenge of the World Health Organization to assist municipalities across the Province in raising public awareness of the signs and the consequences of Elder Abuse. TRIP are a not-for-profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding. (Correspondence referred to the Older Adults Centre) D - 1 Barbara Hodgins, Director, Corporate Policy, Central Lake Ontario D02.GO Conservation Authority, advising Council that the Central Lake Ontario Conservation Authority on May 17, 2005, passed the following resolution: "THAT Staff Report #4533-05 be received and endorsed as CLOCA's position on Bill 136 (Places to Grow Act) and the Draft Growth Plan for the Greater Golden Horseshoe; and THAT Staff Report #4533-05 be forwarded to the Ministers of Public Infrastructure Renewal, Municipal Affairs and Housing, Environment and Natural Resources, the Region of Durham and area municipalities." Resolution #C-303-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 1 be received for information. "CARRIED" D - 2 Robert and Angela Byers, requesting Council to pass a by-law to M06.GE regulate the amount of fill you can place on a property. Individuals in their neighbourhood have been bringing in fill since 1996. There is a creek in the vicinity and they are sure the flow of the water will be altered. Council Meeting Minutes -13- June 13, 2005 COMMUNICATIONS Resolution #C-304-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 2 be referred to the Director of Planning Services and the Director of Engineering Services. "CARRIED" D - 7 Bill Fisch, Regional Chair and CEO, Regional Municipality of York, S08.GE writing to The Honourable Dalton McGuinty, Premier of Ontario, advising that the Region of York on May 19, 2005, passed the following recommendation: "WHEREAS every person in Ontario should have access to the same level of health care services, no matter where they live; WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham have been and will continue to be the fastest growing regions in Ontario, collectively growing at twice the provincial rate of growth by adding more than 90,000 new residents each year; AND WHEREAS each year until at least 2011, the GTA/905 Regions of York, Halton, Peel and Durham will welcome and accommodate almost half of Ontario's annual growth in population; AND WHEREAS each year until at least 2011, the GTA/905 Regions of York, Halton, Peel and Durham will experience a rate of growth in its population of seniors at twice the provincial growth rate of seniors; AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham collectively receive three-quarters of the age-weighted per capita funding for total health care services when compared to 33 regions across Ontario (resulting in a funding gap of$866 million in annual funding that includes a $545 funding gap for hospitals and $60 million funding gap for CCACs); AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham comprise more than 40 per cent of the Priority and Emerging Urban Centres as identified by the Ontario Government's 2004 report PLACES TO GROW. Better Choice. Brighter Future. A Growth Plan for the Greater Golden Horseshoe.; Council Meeting Minutes -14- June 13, 2005 COMMUNICATIONS AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham are on average some of the lowest cost providers of the five health care services being targeted by the Ontario Government for reduction in wait times; AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham will collectively contribute more than $570 million each year in Health Premium revenue to Provincial coffers (once fully implemented for 2005/06) making up 26% of$2.2 Health Premium Revenue being collected from Ontario residents; AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham are facing a collective funding short-fall of $88 million for 2004/05 and a deficit forecast of$126 million for 2005/06 which will require a significant reduction in health care services for the GTA/905 Region, layoffs of nursing and other staff, and increased wait times for many important health care services; AND WHEREAS the Government of Ontario has received over $800 million in new health care funding from the Federal Government and stands to receive an additional $1.2 billion in the 2005/06 fiscal year; AND WHEREAS the provision of health care and treatment close to home for the more than three million residents living in the GTA/905 Regions of York, Halton, Peel and Durham is consistent with improving access to care and contributes to improved quality of care due to better services coordination from one level of care to another; AND WHEREAS the building of hospital infrastructure and the purchasing of medical equipment and health care technology is essential for providing effective health care in GTA/905 communities; AND WHEREAS the York Region Human Services Planning Coalition (HSPC) reported in the Fair is Fair Report, 2003 that health services funding in York Region is well below the Ontario average and Toronto's funding levels on a per capita basis; AND WHEREAS the HSPC found that the Province of Ontario short- changed health services funding in York Region by more than $485 million in 2004; Council Meeting Minutes -15- June 13, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Regional Municipality of York demand that the Ontario Government immediately address the funding shortfalls for GTA/905 hospitals including hospitals in York Region; AND FURTHER THAT given the Ontario Government's creation of Local Health Integrated Networks, and the need to more equitably allocate health care funds to regions across Ontario, the Ontario Government make it a priority to create and use a population, needs-based funding formula for LHINs that reflects: • Current population, future population growth and aging. • Increased costs of providing health care services in rural areas. • Increased costs of multi-site health care organizations. • A base funding system that considered the number of users for services. AND FURTHER THAT the Provincial Government make legislative/regulatory changes so that revenue generated by municipalities/regions through Development Charges can be used to support the construction/renovations of hospitals. AND FURTHER THAT a copy of this motion be forwarded to AMO and the 905 area municipalities and hospitals in York Region." Resolution #C-305-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 7 be received for information. "CARRIED" D - 8 Linda Jeffrey, MPP, Brampton Centre, providing Council with a copy of P16.GE Bill 141, an Act to Amend the Building Code Act, 1992 respecting home fire sprinklers. This amendment requires all new detached, semi- detached and row houses to be equipped with a sprinkler system. She advises that more than 229 jurisdictions in North America require residential sprinklers in homes, though none in Ontario. In 1992, the City of Vancouver required all new residential homes be built with sprinklers installed. Since implementation, there has never been a fire death in Vancouver, in a spinklered single-family residence where a resident was not in direct contact with the fire. Ms. Jeffrey requests our Council to pass a resolution in support of Bill 141. Council Meeting Minutes -16- June 13, 2005 COMMUNICATIONS Resolution #C-306-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 8 be referred to staff. "CARRIED" NOTICE OF MOTION REPORTS Report #1 — General Purpose and Administration Committee Report — June 6, 2005 Resolution #C-307-05 Moved by Councillor Trim, seconded by Councillor Pingle THAT the General Purpose and Administration Committee Report of June 6, 2005, be approved with the exception of Item #11. "CARRIED" Resolution #C-308-95 Moved by Councillor Trim, seconded by Councillor Pingle THAT Report CSD-009-05 be received; and THAT the Supplementary Fees and Rates Report CSD-009-05, as outlined in Attachment#1 to Report CSD-009-05, be approved. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Meeting Minutes -17- June 13, 2005 REPORTS Resolution #C-309-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the fees and rates included in Report CSD-09-05 be amended to include a 50% Discount for Seniors 65 years of age and over for all applicable programs, effective June 1, 2005. "CARRIED" The foregoing Resolution #C-308-95 was then put to a vote and "CARRIED AS AMENDED." Report #2 — Special General Purpose and Administration Committee Report— June 13, 2005 Resolution #C-310-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Reports PSD-077-05 and PSD-078-05 be referred back to staff. "CARRIED" Report #3 — Report CLD-026-05 - Municipal Law Enforcement Officer Resolution #C-311-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report CLD-026-05 be received; and THAT the by-law appointing Kaitlyn Danielle Hill as a Municipal Law Enforcement Officer for the Municipality of Clarington be approved. "CARRIED" Council Meeting Minutes -18- June 13, 2005 REPORTS Report#4 — Report PSD-075-05 — Rezoning Application to Permit an Expansion to the Existing Medical Clinic and Lands, Proponents: Bowmanville Professional Building Inc. Resolution #C-312-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-075-05 be received; THAT the Mayor and the Municipal Clerk be authorized, on behalf of the Municipality of Clarington, to execute the agreement between, Sabina Investments Inc. and Ankara Realty Limited and Bowmanville Professional Building Inc. as contained in Attachment 2 to Report PSD-075-05; THAT the modification to the Zoning By-law Amendment application to include the deletion of one loading space be deemed minor and not requiring further public notice; THAT the Zoning By-law Amendment contained in Attachment 3 to Report PSD-075-05 to permit an expansion of the Bowmanville Professional Building be approved and the By-law be passed; and THAT all interested parties listed in Report PSD-070-05 and any delegations be advised of Council's decision. "CARRIED" OTHER BUSINESS Appointments to the Clarington Accessibility Advisory Committee and the Clarington Traffic Management Advisory Committee Resolution #C-313-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Keith Brettell be appointed to the Clarington Accessibility Advisory Committee; and THAT Don Carter be appointment to the Clarington Traffic Management Advisory Committee. "CARRIED" Council Meeting Minutes -19- June 13, 2005 OTHER BUSINESS Councillor Foster advised Council that he attended the Race Against Drugs wrap up event and presented a plaque to the Mayor along with tee-shirts for Members of Council. BY-LAWS Resolution #C-314-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-106, 2005-107 and 2005-112 to 2005-118, inclusive and that the said by-laws be now read a first and second time: 2005-106 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Kylemore Homes) 2005-107 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Andrew Meima) 2005-112 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Dan Holkema) 2005-113 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Miwel Construction Limited, Stouffville, Ontario, to enter into agreement for the Station Street Reconstruction, Orono 2005-114 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Shelly Wensink) 2005-115 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Barry Hails) 2005-116 being a by-law to declare Part 1 and Part 2 on Registered Plan 40R-23536 to be surplus 2005-117 being a by-law to appoint a Municipal Law Enforcement Officer (Kaitlyn Hill) Council Meeting Minutes -20- June 13, 2005 BY-LAWS 2005-118 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Professional Building Inc.) "CARRIED" Resolution #C-315-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-106, 2005-107 and 2005-112 to 2005-118 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-316-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-119 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 13th day of June, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-317-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-119 be approved. "CARRIED" Council Meeting Minutes -21- June 13, 2005 ADJOURNMENT Resolution #C-317-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 7:17 p.m. "CARRIED" MAYOR MUNICIPAL CLERK Public Meeting Report PSD-096-05 CORPORATION OF THE Municipality of jj(a[�J_■jn, 111 MUNICIPALITY OF CLARINGTON Clarington Leading the way NOTICE OF PUBLIC MEETING A PROPOSAL TO AMEND THE ZONING BY-LAW 84-63 GENERAL PROVISIONS AND REZONE CERTAIN PROPERTIES IN THE BOWMANVILLE WEST TOWN CENTRE 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. DETAILS The proposed rezoning would implement the proposed amendments 43 and 44 to the Clarington Official Plan being considered by Council on June 13, 2005. The amendment will include new definitions, and amendments to the General Provisions dealing with parking standards and landscape requirements. The amendment also proposes revisions to the existing zoning for five (5) areas identified within the Bowmanville West Town Centre. The rezoning for these five (5) areas will detail: use permissions, provisions for drive-through facilities, setback requirements, minimum building facade lengths, building height requirements, fenestration requirements, floor area permissions, lot coverage permissions, landscape requirements, parking requirements, loading space requirements, and other matters. The subject lands are located on both north and south of Highway No. 2, between Regional Road 57 and Boswell Drive and its future northerly extension as shown on the Key Map below. A copy of the proposed amendments will be available from the Planning Department Wednesday June 15, 2005. Planning File Nos.: ZBA 2005-021 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: Monday, June 27, 2005 TIME: 7:00 p.m. PLACE: 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. 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, 2m Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. • •• • • • • • - • ••• .• - • •- • •- - : 11 • 11 iii ��� �- • �■1 j =�� �� �mn uwu 1I � ice. � ' y'► .� - -_ SR - MEN-! IOnunuj ��O�yLHa �- -- 2� = lin -.__ ff,Gj�I�i 111 �%/Illillllllllll� =C._� � =a _ _ �� ///1,. =\'�11111IIIIIIIIIIII11111111 -BG = �r- ��� � =111111111111111111'1 �� _� _= ti Ra Jill 11"I •� \\1111111 �_ =1luonllulnalil __ • � _ Illllllllllllllol_Illn } ,�, 1611,E II 01: �� __ !Illlhl � � =%/illllllllllpl / _..�\\\\ 'I���•._�� - � B E� ��,�. Lmwmmm1H oil n G�� SUMMARY OF CORRESPONDENCE JUNE 27, 2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog received Clarington's correspondence dated May 10, 2005, regarding Mosport International Raceway as the preferred Canadian Site for the NASCAR series expansion for information purposes only as they had previously endorsed the Regional resolution. 1 - 2 Garry Pringle, Environmental Specialist, Ontario Reality Corporation, advising Council that the Ontario Realty Corporation will commence with the installation of a soil and groundwater treatment system at the 150 Princess Street, Orono, property once a Certificate of Approval has been issued by the Ministry of Environment. 1 - 3 Minutes of the Newcastle Community Hall Board meeting dated May 17, 2005. (Copy attached) 1 - 4 Minutes of the Tyrone Community Centre meeting dated May 7, 2005. (Copy attached) 1 - 5 Minutes of the Local Architectural Conservation Advisory Committee meeting dated May 17, 2005. (Copy attached) 1 - 6 Ministry of Municipal Affairs and Housing, advising Council that Dr. Lilian Ma has been appointed as the Chair of the Ontario Rental Housing Tribunal. 1 - 7 Ministry of Municipal Affairs and Housing, advising Council that legislation has been passed to set out a fairer and more balanced composition for Peel Regional Council. The act increases the number and distribution of seats on Peel Council to better reflect the current population distribution of Peel Region. 1 - 8 Ministry of Municipal Affairs and Housing, advising Council that legislation has been passed that recognizes the Memorandum of Understanding (MOU) between the province and the Association of Municipalities of Ontario (AMO). The Municipal Amendment Act, 2005, formalizes its memorandum of understanding with AMO, which provides for consultation on legislation, regulations and government decisions that affect municipalities. The MOU was renewed last August, and strengthened through the addition of a protocol for consultants with AMO on Canada- Ontario negotiations on matters that have a direct municipal impact. 1 - 9 Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated June 14, 2005. (Copy attached) Summary of Correspondence - 2 - June 27, 2005 1 - 10 Minutes of the Physician Recruitment Committee Meeting dated May 26, 2005. (Copy attached) 1 - 11 Michael Coleman, President, Federation of Canadian Municipalities, advising Council that the New Deal for cities and communities continues to roll out across the country with two agreements in Ontario. The first distributes $1.87 billion in federal gas tax revenue in Ontario, which joins British Columbia, Alberta and Yukon. The second commits up to $310 million over the next two years for public transit in Ontario. 1 - 12 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, providing Council with a copy of their 2004 Annual Report. 1 - 13 M. de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, advising the Region of Durham that the Town of Ajax on June 13, 2005, passed the following resolution: "THAT the Town of Ajax endorse the resolution dated June 7, 2005, from Mr. Colm and that the Regional Municipality of Durham be so advised." Mr. Colm is requesting that during the next Municipal Elections the following question be placed on the ballot in all eight municipalities within the Regional Municipality of Durham: 'WHEREAS the Head of Council in two (2) of the six (6) Regional Municipalities in the Province of Ontario is already elected by general vote, and a Private Member's bill dealing with Niagara Region, is in front of the Legislature, do you agree that the Head of Council for the Regional Municipality of Durham shall be elected by general vote in accordance with the Municipal Election Act, 1996." "Yes or No" 1 - 14 Marie Hubbard, Chair, Ontario Municipal Board, providing Council with a copy of the 2003-2004 Ontario Municipal Board and Board of Negotiation Annual Report. 1 - 15 Ministry of Municipal Affairs and Housing, advising Council that an agreement has been signed that will see Ontario's municipalities receive over $1.8 billion in new funding from federal gas taxes. This four-way agreement between federal and provincial governments, the City of Toronto and the Association of Ontario Municipalities will see Ontario's municipalities receive more than $223 million in 2005-2006, the first year of the five-year agreement. This funding complements the $680 million in provincial gas tax revenues that will be allocated to Ontario municipalities over the next three years. Summary of Correspondence - 3 - June 27, 2005 1 - 16 Ministry of Municipal Affairs and Housing, advising Council that the new Greenbelt Foundation will help preserve the natural heritage, protect prime agricultural land and support the many recreational opportunities in the Greater Golden Horseshoe. The McGunity government's Greenbelt Act, 2005 and Greenbelt Plan permanently protect 1 .8 million acres around the Golden Horseshoe. The Greenbelt: Protects thousands of acres of prime agricultural lands and tender fruit lands so farmers can continue to grow the foods we eat closer to home • Preserves our watersheds, rivers and forests to protect the water we drink and the air we breathe • Promotes recreation, sports and tourism by encouraging the development of a trail system, open spaces and parklands • Curbs sprawl by setting strict limits on where urban growth can expand. 1 - 17 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on June 15, 2005, passed the following resolution regarding Building Permit Activity— January to March, 2005: "a) THAT Report #2005-P-51 of the Commissioner of Planning be received for information; and b) THAT a copy of Report#2005-P-51 of the Commissioner of Planning be forwarded to the area municipalities." 1 - 18 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on June 15, 2005, passed the following resolution: ,,a) THAT Report #2005-P-50 of the Commissioner of Planning be received for information; b) THAT the Greenbelt Plan approach to agricultural designations be implemented through the Regional Official Plan Review; and c) THAT a copy of Report #2005-P-50 of the Commissioner of Planning be forwarded to the area municipalities in Durham." 1 - 19 Marika Hare, General Manager, Central Region Operations, Enbridge, providing Council with a copy of ent-ink, Enbridge Gas Distribution's newsletter focused on the municipal level of government. 1 - 20 Trinity United Church provided a copy of correspondence to John O'Toole, MPP, outlining their concerns with the amendment to the Ontario Heritage Act and its impact on churches. Summary of Correspondence - 4 - June 27, 2005 CORRESPONDENCE FOR DIRECTION D - 1 David Climenhage, President, Great Canadian Town Band Festival, requesting permission to close Church Street along the length of the Orono Library on Saturday, July 9t' from 8:30 a.m. until 5:00 p.m. for the Canadian Town Band Festival Event. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Petition contained approximately 577 signatures opposing the development of a Wal-Mart in Bowmanville. (Motion to refer correspondence to the Director of Planning Services) D - 3 Councillor Gord Robinson, Council Liaison, Orono BIA, requesting permission to close Main Street and Park Street in Orono for the Orono Chili Cook Off. The date of the event is Saturday, September 24, 2005, from 8:00 a.m. to 4:00 p.m. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 The Honourable Dr. Marie Bountrogianni, Minister of Citizenship and Immigration, announcing the 2005 call for nominations for the Ontario Medal for Good Citizenship. Established in 1973, the Ontario Medal for Good Citizenship recognizes and encourages the virtues of good citizenship by honouring Ontarians who have made outstanding contributions through exceptional long-term effort. Among the past recipients of this award are a woman who has worked for more than 20 years to help end violence against women and children; a leader in the development of Ontario Agencies Supporting Individuals with Special Needs; and an artist who has donated more than $200,000 in proceeds from the sale of her work to a local chapter of the Multiple Sclerosis Society. The deadline for receiving nominations is August 5, 2005. (Motion to refer correspondence to the Municipal Clerk to place an advertisement in the local newspapers) D - 5 The Honourable John Gerrestena Minister Responsible for Seniors, inviting participation in the 2005 Senior of the Year Awards to honour one outstanding local senior. Recipients are individuals who, after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. The deadline for nominations is August 5, 2005. (Motion to refer correspondence to the Municipal Clerk to place an advertisement in the local newspapers) Summary of Correspondence - 5 - June 27, 2005 D - 6 Local Architectural Conservation Advisory Committee, advising Council that on June 21, 2005, they passed the following resolution: 'WHEREAS the corridors for the future Highway 407 and the interconnecting freeways with Highway 407 include heritage structures which would be demolished without alternatives for relocating such structures; WHEREAS heritage structures located in industrial areas are often demolished due to lack of feasible relocation alternatives; WHEREAS severance policies of the Durham Regional Official Plan permit rural severances only for the purpose of farm retirement lots or for dwellings rendered surplus as the result of farm consolidation; WHEREAS preserving Ontario's heritage structures threatened due to major transportation corridors or industrial development would be a desirable public objective; and WHEREAS appropriate conditions could be determined to ensure that the relocation of heritage structures would not detrimentally impact agricultural activity or fragment agricultural lands; THEREFORE BE IT RESOLVED that the Region of Durham Planning Department be requested to examine the feasibility of providing for the severance of non-agricultural rural parcels to accommodate the relocation of threatened heritage structures deemed to have cultural heritage value or interest by the Local Architectural Conservation Advisory Committee (LACACs); and THAT a copy of the resolution be forwarded to other area municipalities and LACACs within Durham Region." (Motion to refer correspondence to the Region of Durham) D - 7 Association of Municipalities of Ontario, advising Council that the Ministry of Municipal Affairs and Housing (MAH) released a report on Line Fences Act. Section 20 of the Line Fences Act makes municipalities who have purchased federal or provincial railway lines in their entire width responsible for "constructing, keeping up and repairing the fences that mark the lateral boundaries." Although the Line Fences Act permits municipalities to write by-laws setting out the fees, procedures and details of fences provided under the Line Fences Act for disputes between neighbours, the Municipal Act, s. 98, specifically prohibits a by-law that sets out the same for railway lands. These rules mean that the municipality must absorb all costs related to maintaining existing fences that existed to protect property owners from active railways, and recent court rulings have interpreted the legislation to require new fences where none existed before. Summary of Correspondence - 6 - June 27, 2005 While there may be some necessary protection from damage to agricultural properties from trail uses on former railway lands, it is unclear why the municipality should pay 100% of the costs for a fence that was not necessary while an active railway line existed. The Ministry will receive comments on this matter until July 29, 2005. (Motion for Direction) D - 8 D. Gilchrist, Supervisor, Legislated Services, City of Kitchener, advising Council that the City of Kitchener, on May 30, 2005, passed the following resolution: "WHEREAS Section 28 of the Ontario Planning Act allows only 'local municipalities' to provide grants and loans to property owners and assignees for community improvement purposes; and WHEREAS 'local municipality' has been defined by The Municipal Act to mean the local area municipalities where situated within a Two-Tier Governance system, such as those within the Regions of Waterloo, Niagara, Halton, Peel York, Durham, and Muskoka; and WHEREAS this definition prevents the regional tier, that is the Regional Municipality, from participating financially in community improvement undertakings, despite the fact that the regional tier receives the majority share of local property taxes; and WHEREAS this situation puts local area municipalities at a distinct disadvantage when competing for investment with one-tier municipalities; NOW THEREFORE BE IT RESOLVED, that the Council of Corporation of the City of Kitchener requests the Minister of Municipal Affairs and Housing to expeditiously revise the appropriate Provincial Legislation to allow all regional tier municipalities to participate in community improvement activities; AND BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, all local area and regional municipalities in Waterloo, Niagara, Halton, Peel, York, Durham, and Muskoka Regions, and their respective MPPs." (Motion for Direction) D - 9 Andre Belanger, Mayor, The Corporation of the Town of Cobalt, writing to The Honourable Dalton McGuinty, advising that the Town of Cobalt on May 10, 2005, passed the following resolution: "WHEREAS the Corporation of the Town of Cobalt has recently received a copy of the Drinking Water Inspection Report, Provincial Officer's Order and the Provincial Officer's Report as prepared by the Ministry of Environment Inspector, North Bay Area Office for the Cobalt Water Treatment Facility; Summary of Correspondence - 7 - June 27, 2005 AND WHEREAS the Council of the Town of Cobalt could not reach a beneficial or financially feasible agreement with our former operator the Ontario Clean Water Agency; AND WHEREAS the Council of the Town of Cobalt as a result of those failed negotiations has decided that the Town of Cobalt would operate the facility; AND WHEREAS the Council of the Town of Cobalt believes that we are exercising due diligence in the operation of the Cobalt Water Treatment Facility by training our own employees under the Ministry of Environment regulations and requirements to operate the Cobalt Water Treatment Facility in accordance with Certificate of Approval No. 8765-5W4SDK; AND WHEREAS the Council of the Town of Cobalt believes that the regulatory requirements currently being enforced by the Ministry of Environment are detrimental and place undue financial hardships on small municipalities and, in the case of Cobalt, do not significantly improve the quality of our drinking water; AND WHEREAS many of the existing regulations are making it difficult for the Town of Cobalt to meet the paper requirements of the Ministry of Environment while not having any adverse impacts on the quality of the water produced at the Cobalt Water Treatment Facility; AND WHEREAS the Council of the Town of Cobalt believes that the residents in many northern and small rural municipalities would be better served if the Ministry of Environment would take a cooperative approach and work with these municipalities utilizing the expertise of the MOE in offering potential solutions and overseeing the operations of Water Treatment Facilities in northern and small rural municipalities as opposed to issuing orders without potential solutions and levying fines that ultimately come from the taxpayer who is already overburdened; AND WHEREAS municipalities as a result of these orders and fines are forced to hire engineers and consultants to provide solutions that place a further burden and hardship on the local taxpayer; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Cobalt hereby petitions the Province of Ontario and the Ministry of Environment to change the focus of the Ministry's reporting and regulatory requirements from one of enforcement and penalizing municipalities to a regulatory system that would allow municipalities to benefit from and utilize the expertise and cooperation of the Ministry of Environment; Summary of Correspondence - 8 - June 27, 2005 AND FURTHER THAT a copy of this resolution be forwarded to the Honourable Dalton McGuinty Premier of Ontario, the Honourable Leona Dombrowsky, Minister of Environment, the Honourable David Ramsay, Minister of Natural Resources and MPP Timiskaming-Cochrane, the Honourable Rick Bartolucci, Minister of Northern Development and Mines and to the Association of Municipalities of Ontario for circulation to all Municipalities for their support." (Motion for Direction) D - 10 Jeff Carter, requesting financial assistance to attend the Canada World Youth International Educational Program (CWY). Mr. Carter, who grew up in Newcastle, has been chosen to participate in the Alberta/Guatemala program, which will start in the summer of 2005 for a six to seven month period. CWY is a non-profit, non-governmental organization. Since its creation more than 30 years ago, 22,000 young people between the ages of 17 and 29 have had the opportunity to live and work as volunteers in communities in Canada and overseas. Mr. Carter is also requesting articles such as pins and flags representing Clarington that he could distribute during the program. (Motion for Direction) D - 11 Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston on May 3, 2005, passed the following resolution: "WHEREAS Dental Care Services are an important component of physical health, personal well being and affect social acceptance and employability; and WHEREAS many residents of Ontario do not have adequate Dental Care Services as part of their employment benefits, and; WHEREAS persons working in low wage positions are in receipt of social assistance payments but may have thousands of dollars in dental costs or many decline dental treatment due to cost issues; and WHEREAS persons on social assistance (Ontario Works and ODSP) have partial access to Dental Care Services based on discretionary decision making; THEREFORE BE IT RESOLVED THAT the City of Kingston supports the actions of the Council of Lennox & Addington and that the Province of Ontario be requested to develop a fair and consistent dental care program to be targeted at lower-wage working Ontarians, with eligibility for this program to be based on graduated payments and eligibility determined by commonly used criteria, such as the GST Rebate and/or NCB Eligibility, and that this supplementary dental program be funded through the Ontario Health Tax; Summary of Correspondence - 9 - June 27, 2005 AND FURTHER THAT a copy of this resolution be forwarded to all municipalities on our standard mailing list; the Federation of Canadian Municipalities; the Honourable John Gerretsen MPP; the Honourable Dalton McGunity, Premier of Ontario; the Honourable Peter Milliken, MP; the Honourable Uj al Dosanjh, Minister of Health; and the Right Honourable Paul Martin, Prime Minister of Canada." (Motion for Direction) D - 12 Michael Power, President, Northwestern Ontario Municipal Association, requesting Council to partner with them in helping the Ontario Government to invest in the future of all of our communities by immediately implementing the Minister's Council on Forest Sector Competitiveness Report in its entirely, and in the manner in which it was outlined by the Minister's Council. The Minister's Council on Forest Sector Competitiveness was established to provide a set of recommendations that will act as a road map for the government of Ontario and the Ministry of Natural Resources in particular, for the development of strategies to address the current challenges both immediately and over the long term. The production of the report was a collaborative effort between individuals representing the forest industry, labour, First Nations, the environmental community, municipalities and also included independent experts. The formation of the Minister's Council is explicit recognition on the part of government that change is needed to ensure the viability of the industry. The report identifies the root causes of the industry's decline in Ontario and recommends a multi-pronged strategy to assist the province's forestry sector in regaining its competitive footing. (Motion for Direction) D - 13 Mary Masse, Deputy Clerk, The Corporation of the Town of Lakeshore, advising Council that the Town of Lakeshore on June 14, 2005, passed the following resolution: "WHEREAS the Province of Ontario has imposed certain regulations that impose greater restrictions on the rights of some private property owners than on others; WHEREAS the regulations affect the net worth and market value of property, without compensation to the owner; WHEREAS there needs to be consistency in the regulation for both the Provincial Policy Statement and the Planning Act; WHEREAS municipalities and private property owners have had insufficient input into the planning process and regulations imposed; WHEREAS the newly imposed regulations will require increased consultation between the municipality and the Ministry of Municipal Affairs; WHEREAS the Ministry of Municipal Affairs has not committed additional resources for increased municipal consultation; Summary of Correspondence - 10 - June 27, 2005 AND WHEREAS the Provincial Policy Statement is in conflict with local Planning documents; NOW THEREFORE BE IT RESOLVED THAT the Town of Lakeshore objects to unilateral decisions being made by the Province of Ontario and the effects they have on private property owners and efficient local planning; AND FURTHER THAT the Province consult with local municipalities prior to implementing land use regulations; AND FURTHER BE IT RESOLVED THAT this resolution be circulated to the Minister of Municipal Affairs, Member of Provincial Parliament, Bruce Crozier, MPP, A.M.O., F.C.M. and all municipalities in the Province of Ontario requesting their support." (Motion for Direction) D - 14 Gabrielle Bell, Events Coordinator, Newcastle Community Hall Board, requesting Council's approval to designate the Newcastle Village Community Hall as an emergency evacuation site for Newcastle Public School and YMCA Daycare. (Motion for Direction) Council Information I-3 °05JUN09 PM 2:27.,21 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NEWCASTLE COMMUNITY HALL BOARD Minutes of a meeting of the Newcastle Community Hall Board held on May 17, 2005 at 7:00 pm in the Council Chambers Present Were: C. Abraham-chair P. DeJong K. Quinney S. DeJong C. Trim B. Snowdon G. Bell- secretary Regrets From: G. Robinson MINUTES 1.1 Motion by P. DeJong, seconded by S. DeJong THAT minutes of April 19, 2005 be accepted as circulated. "CARRIED" BUSINESS ARISING 2.1 St. Francis of Assisi School has not responded to suggestion they use our facility as an emergency evacuation site. Letter to be sent for Newcastle Public School and YMCA daycare only. 2.2 Ladder will be on sale in June-P. DeJong will pick up. 2.3 No response from Municipality on our concerns regarding placement of our ad and other community halls in the Community Guide. C. Abraham to send follow up letter. 2.4 As per Operations Department work to be done on interlock and chimney. 2.5 Motion by C. Trim, seconded by K.Quinney THAT we purchase dessert dishes to match the white and black 10MUNALL h stock to bring us put to 300. ED' 2.6 Purchase an additional 6 rubber stoppers for liquor dispenser. AM BY FINANCIAL REPORT W 11:5 Ac 3.1 Motion by S. DeJong, seconded by P. DeJong ,•.R� :.SA.A.•tea. s...�."-`���""".... Page 2 THAT financial report be accepted as circulated. "CARRIED" BILLS 4.1 Motion by K. Quinney, seconded by C. Trim THOSE bills for supervision totaling $380.00 are paid as presented. "CARRIED" SUPERVISION/CORRESPONDENCE 5.1 Supervision for June was covered. 5.2 Brian Terry will be taking holidays from July 8 — July 25. S. DeJong and P. DeJong will cover these weeks for us. 5.3 Mentoring letter received for information. 5.4 Nomination form for Apple Blossom award received for information. 5.5 Spring Trade Show information received. NEW BUSINESS 6.1 Leave grass cutting with the Municipality. 6.2 Add Health and Safety to agenda 6.3 Inspection Report received, to be copies to Operations Department 6.4 Ontario Flag needed for council chambers. 6.5 As per S. DeJong charge $50.00 for opening hall on Sunday. B. Snowdon arrived at 7:40 PM ADJOURNED 7A0 PM Next meeting June 21, 2005 at 7:00 pm. Council Information Z-4 Tyrone Community Centre Memorandum To: Executive Board Members From: Lynda Burnett Cc: Charlie Trim, Pat Pingle, Town Clerk Date: May 7, 2005 Subject: Minutes - May Community Centre Board Meeting Attendees: Lynda Burnett Fred Horvath Peter Knowlton Walter Loveridge Kate Rowan Paul Rowan Shari Rowan John Scanlan Sue Sutcliffe MINUTES FROM MAY 12TH MEETING Motion to approve minutes from the last meeting. Moved: Paul Rowan Seconded: Peter Knowlton CARRIED TREASURER'S REPORT General Account $3,792.37 A $2000 interest free loan was received from the Town for Spirit Day. The loan must be repaid by the end of the year. Motion to approve treasurer's report. Moved: Kate Rowan Seconded: Lynda Burnett CARRIED OLD BUSINESS 1. Clean Report Nothing to report 2. Fundraising Spirit Day Everything is on schedule. Brochures are ready for mailing. T-shirts will be handed out to volunteers the day of the event. The "buy a brick" walkway idea is not going to be ready for spirit day, but we hope to have the landscaping plan ready to show. 3. TAA Issues Nothing new to report. 4. Program Grants The seniors found the Trillium procedure bothersome and time consuming. Kate Rowan offered to help smooth out the process. " Tyrone ... catch the Spirit! " 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, UC 3K6 (905) 263-4330 LIE Tyrone Community Centre S. Maintenance Exit lights are missing some of the covers Lights is the parking lot do not fit the proposed landscaping plan Dishwasher fluid Basketball net pole is bent over North soccer pitch fence Municipality of Clarington Issues: Water softener installation and hand basin replacement Smell in Men's room - Backflow problem has been resolved Pest control - Cost is $27.00 per month for the service, or $120.00 for a single treatment. These prices do not include applicable taxes. (GST) Baby Changing station (Shari will check the cost first) Leak in south basement - Fred Horvath will arrange for the leak to be repaired Removal of window cages - OK to remove, but breakage and/or break in may be a problem Rental of kitchen - Fred is not sure of the actual percentage we would be taxed. It would only apply to caterers preparing food for outside functions. It would then be construed as an outside business. Purchasing department would help with a sample lease agreement for the hall if we wanted to proceed. We would have to decide how much insurance they would require. 6. Senior Liaison No issues to report 7. Youth Report Court Whist To run the event the cost was $895.12. The event yielded a profit of $172.60 S. Community Centre Rentals for Organizations The church sent a letter to Kate Rowan regarding a previous arrangement from last year. Lynda Burnett will check the validity of the agreement with Shari Rowan and will write a letter to the church with the updated agreement. " Tyrone ... catch the Spirit! " 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, LiC 3K6 (905) 263-4330 Tyrone Community Centre 9. Coffee Machinery Kate will check out what we've got and what we need. 10. Smartserve Free Smartserve session in Orono for hall board members May 26. Fred Horvath will e-mail details to Lynda Burnett: NEW BUSINESS 1. Brochure Holders Lynda Burnett had previously tried to acquire brochure holders from the town, or information regarding suppliers of holders to organize the brochures currently sitting on the coat rack countertop. Jennifer Stychuck from the department of Communications and marketing arranged for the visitor centre to give a unit to Lynda Burnett for use in the hall. 2. WHMIS Training Bill C45 requires that WHMIS (Workplace Hazardous Materials Information System) training is required for all individuals working with chemicals within the hall. If a volunteer or worker attains a serious injury or death, we are liable. All contractors should be approved through Fred before doing any work. An manual is required to hold all Material Safety Data Sheets (MSDS's) for all chemicals used and/or stored on the premises. Any required personal protective equipment (as stated in the MSDS's) should be obtained for the individual using the chemicals. Fred will send Lynda Burnett some videos for training purposes. Training date/time/attendees to be determined at a later date. 3. Painting Funds There are currently funds available for painting of the hall. Since the fans could not be installed, perhaps we could utilize some funding for the town to install new fans, since the existing fans are cracked and potentially dangerous. Motion to Adjourn Moved: Kate Rowan Seconded: Walter Loveridge CARRIED Meeting was adjourned at 9:09 p.m. " Tyrone ... catch the Spirit! " 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, UC 3K6 (905) 263-4330 Council Information I-5 505JUN08 Pt1 2MAMSDepartment LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting May 17, 2005, 7:00 PM AC& BY MU tAL LO-,,:, t:OPIES lu MEMBERS PRESENT: Victor Suppan Karina Isert David Reesor Karin Mur Councillor MacArthur Andre z Clayton Morgan Cat ° Keev REGRETS: Jennifer Knox o anna i PLANNING STAFF: Isabel Little Bruce Howart ADOPTION OF MINUTES 05.19 Moved by Clayton M Tga , seconded b vid Reesor THAT the April 19th, 200 .. s be accep mended. "CARRIED" BUSINESS ARISING Herita a Desi nat uest The heritag, adesi nation e e pe e e registered on title by the end of the month. T e°p q it be ed and p esented at a televised meeting in the fall. Herit onservation ict Mee,I U date The DisNCon ring Com ee et on May 18th and reviewed the options other than a Heritagtion Dis ct as provided for under the Planning Act. The review was for the benefit a t ne embers. The draft guidelines are to be presented to the public in September a second open house in October to obtain public comment. Victor Suppan provided the LACAC members with a handout regarding insurance for heritage homes which he had obtained from the Heritage Canada Foundation website. The articles addressed the insurance industry's efforts to make it easier to obtain insurance and owner's difficulty in obtaining insurance on older homes. It was requested that these articles also be forwarded to the District Steering Committee for information. 1 Minutes of LACAC Meeting: May 17, 2005 Page 2 Ontario Heritage Amendment Act 2005 (Bill 60) Staff presented the changes to the Ontario Heritage Act as approved by Bill 60. A chart was distributed summarizing the changes (see attached). The Ministry of Culture has confirmed that the criteria for designation should be finalized by the end of the year. Places to Grow Act 2005 (Bill 135) Staff presented the highlights of Bill 135 indicating the impacts that th ill have on decision making at the local government level. Mandate By-law The LACAC reviewed proposed changes to e LACfman,:nte by w prepared by staff which would bring the by-law into conf ity wid the rovincial Policy Statements. 05.20 Moved b yto organ, a ded Isert H e da y-law ed ted with the amendment to c e cipal H ritage om o "Clarington Heritage Com e" • CA D" SUB-CO ITTE EP Bowmanv munit Im rovement Plan Committee No mee rags have been scheduled. 407 Committee No meetings have been scheduled. Grand Trunk Railway Anniversary Committee Victor Suppan will be the chair for the sub-committee. No meetings have been scheduled. CHO Research Committee No recent meetings have been held. Heritage Recognition Awards Committee • The sub-committee provided a handout of a proposed program and budget based loosely on the apple blossom awards. A proposed list of award categories was Minutes of LACAC Meeting: May 17, 2005 Page 3 developed and winners will be presented with a letter of commendation, a plaque or both. The sub-committee is to develop a case to present to council for funding. FINANCIAL REPORT The closing LACAC balance for March 2005 totaled $865.47. 05.21 Moved by Karina Isert, seconded by Councillor McArthur THAT the financial report be accepted as presente "CARRIED" CORRESPONDENCE CHO Newsletter Committee members received a copy of the ewsle NEW BUSINESS Inventory Update Review Request The update of the heritage inventory wit the unity i provement areas is almost complete. Mapping will be provided a th une Ing and the LACAC will be requested to confirm .e Ire ory addit s and prepare a brief analysis for each building during the s mes. 2767 Concession Roa apville The ston 1 o s een 'ally demo rs ed by fire. Victor Suppan will draft a letter to the ners app a _ the tention to reconstruct the building and offering the Co 's advice. 05.022 oved by C ton Morgan T he ting be adjourned Next Meeting June 21$`, 2005, 7:00 PM Municipal Administrative Centre Council Information O5JUN14 PM 3;Q2;4B Clar�g�ton Leading Uie Way DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE CAC MEMBERS PRESENT: Chair— Bradford Soles George Khouri . Vice-Chair— Linda Gasser Ross Libbey Fred Biesenthal Murray Paterson F�4z , Gerald Brown Karina Isert (LACAC) BY ,.-1- Ron Hooper Murray Paterson "i~Staff in Attendance: Sharon Norris— Recording Secretary Janice Szwarz— Planning Services Leslie Benson— Engineering Services Absent: Mark Canning, Jim Schell, Joanna DeBoer, Bill Harford DATE: June 14, 2005 RE: HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE June 7, 2005 Meeting No. 21 + — -- g Agenda Item Discussion Action Welcome Meeting commenced 7:00 p.m. Chair indicated that input from the Ministry of Transportation and Totten Sims Hubicki is anticipated in the near future. Draft Minutes Draft minutes from February 8, 2005 meeting approved, as Approval amended. Amendments: Minutes Page 2 - Note regarding Table 5.1 "Evaluation Factors, Criteria and Indicators" (ToR P 36) should read "Just starting to recognize the impacts of lighting on the mating and feeding habits of certain species and the impacts on humans as well." Minutes Page 4 — Staff Report Review. Typographical error in first sentence, should read "Stakeholders will be able to comment on Work Programs. 407 East E.A. Handout of April 20, 2005 minutes for both the Municipal CAC Members Status Technical Advisory Group (MTAG) and the Regulatory Agencies Group (RAG) and an MTAG/RAG PowerPoint presentation (April 20, 2005). Municipal Technical Advisory Group: • MTAG is well represented. • Doug Allingham stated that the Highway 407 E.A. is one of the largest in the last 10 years and will seta precedent. �lar�gta� Leading the way DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agenda Item Discussion Action • It has been requested that the Clarington Municipal Website be kept up-to-date. Janice Szwarz has contacted Information Technology • E.A. overview—there are only minor changes from November. A Work Program will be developed. • There are no plans to hold Public Information Centres outside of Durham Region, however there will be advertising outside of Durham. • Three to four years to complete the current E.A. • Work Plans are being developed presently and are due out this fall Community Advisory Group: • Have not yet met. First meeting date is June 280.. Linda Gasser is unable to attend but has requested that she Bradford Soles to send Bradford Soles as an alternate. complete RSVP • Ministry of Transportation and Totten Sims Hubicki looking and attend for approval to advertise for additional members. meeting. • John Slobodzian will not be addressing the Community Advisory Group. Issues/Concerns Linda Gasser advised that most of our questions did not for Highway 407 receive answers. Linda will be meeting with them again to get Linda Gasser/ East EA Project the answers. She will provide a summary to Janice Szwarz Janice Szwarz Team for distribution to the Clarington Highway 407 Community Advisory Committee. The Project Team mailed a letter to stakeholders, dated February;9, advising that the EA study process was starting and that Public Information Centres were to be in the spring. Linda Gasser/ The fist Public Information Centres are anticipated in the fall. Bradford Soles/ Given the delays in the study, this letter is clearly out-of-date. Janice Szwarz Linda and Bradford will draft a letter to ask the Project Team to send out a letter to all stakeholders to advise them of the revised study schedule. The original letter dated February 9 indicated that Clarington Bradford Soles to write the resolution Janice Szwarz to sign and send resolution out. Deborah Martin-Downs has left and is now working at the Ganaraska Region Conservation Authority. Deborah was the environmental lead on the project. Clar�gtto.� Leading the Way DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agentla Rein Discussion' _ Action Overview of • The Province struck an Expert Panel and released the Proposed document in March. Changes to The EA Act is sound but inconsistent policies/inefficient. Ontario EA p Process The following are recommendations only: • New policy guidelines to be developed incorporating: • Precautionary principle (science does not know everything therefore err on the side of caution) • Eco System approach • Avoidance first • Waste/Transportation E.A.'s are different so vrill be made specific. • Green initiatives a priority. • Integrate the E.A. process into the Planning process. Independent Public Advisory Committee. • Transportation Master Plan should involve an E.A. process. • Websites should Lbe developed by Ministries and have MOE centralize/link all we'bsites. • Consultation Guidelines revision to allow sufficient comment time. • Adequate resources available to public to allow them to participate. (What is adequate) • Alternative dispute resolution and mediation for contentious issues and/or contentious stages of the project. Regional report is anticipated June 21"—check Regional CAC Members website. The Clarington CAC should push for and focus on the recommendations that are important to us, even if they are not adopted. MTO Sale of Janice informed members of two heritage houses that have Heritage Houses been moved. The John Cole House which was moved 1 mile south on Bethesda Road, and the Washington House which was moved to a vacant retirement lot, were both on the previously preferred route. The Cole and Werry houses, which are MTO owned, are not being maintained. Offers have been submitted to purchase these properties. Neither home has heritage designation. �Iar�gi�n beading tl�e Way DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agenda Item Discussion' Action Does MTO have an obligation to maintain designated Karina Isert houses? LACAC to keep the Clarington CAC advised on any future issues. Can a heritage subdivision be created for these homes? The Greenbelt Legislation states no estate subdivisions. The Karina Isert Greenbelt Legislation however can be reviewed and possibly amended in the future. LACAC has been requested to ask Council to consider measures to protect heritage buildings. Can protection of heritage homes be considered in the review of the Regional Official Plan? A Regional Policy is needed that includes the preservation, securement, relocation and refurbishment of heritage homes. Possible exceptions on land divisions for heritage homes. Can these buildings serve some Municipal purpose? It was noted that the relocation of heritage homes is expensive and requires expert movers. The buildings cannot be moved a long distance and the route must have no bridges or low hanging wires. Stone houses are extremely heavy. Other Business No other business Next Meeting Meeting adjourned 8:15 p.m. July meeting date to be advised. 305JUN17 PM 2:28.10 • �//��'j1 ���� �(✓]'j�Co/un/cil Information I-10 LJl���.L1J3_�I�Wli Leading the Waq .•J PHYSICIAN RECRUITMENT COMMITTEE MAY 26, 2005 ROOM ILA PRESENT: Jim Schell; Sheila Hall; Dr. Anthony Stone; Dr. Debbie Jefferson; Kevin Anyan; Clayton Morgan; Bill Tomlinson; Cindy Brear; Elizabeth Colley; Susan McLellan; Vanessa Hughes REGRETS: Sheryl Greenham; Marion Saunders ABSENT: Suzanne McCrimmon; Christena Selby STAFF LIAISON: Jennifer Cooke 1. WELCOME Chair thanked everyone for their continued support. Introduced Vanessa (OPG) to the Committee. Vanessa replaces Don Terry who has moved to the Pickering site. 2. CONSULTANT UPDATE: Robert Johnston - ideally consultants hoped they would have 5 Drs getting ready to ma ke the move. They have not achieved this at this time. They are going to focus on talking to Doctors through out May and June. All web site material now link to the docs4.clarinoto n.net web site. Major ad is on Medconnexions (CMA) - special deal to keep posting on their web site until all of the positions are filled (about $400/month). Front page link to Clarington site from Medconnexions. Extended into the US (Physician Work) and another in Canada. Key activity in May was building the data base - graduates from 1985 forward with minimum work experience in Canada of 5 years - expect to have 5,000 on data base. Have contacted 1,700 physicians to date and expect number to be around 2,500 by end of May. Contact in form of fax, phone, or email followed up with information being sent out. Have talked to 12 physicians -7 Canadian; 5 off shore. Two off shore contacts are very interested and the requirements for working here are being investigated. Next meeting hope to have letters of commitment, resumes and other support documentation for the Committee. One offshore candidate is from the Philippines and has 10 years experience. The only block is how long the process will take to enable this doctor to practice.h' candidate is currently in Nigeria and is planning to move to Canada this sun .? Clarington. We must be cautious in recruiting from other countries as therq cahff��'quite a mix o skills developed and the systems in which they were developed. 1 ACK. By Only 1 of 7 Canadian (living in Montreal) is very interested in relocating p en ul* nurse) is able to secure employment at the hospital. PIES TCS Ex-patriot Canadian doctors seem to be content to stay in the US. --.. Physician Recruitment Committee Minutes February 24, 2005 There is a couple in Eastern Canada who are interested in coming to this area — both Canadian citizens. Information not confirmed at this point but one of the candidates might require some additional work. Most are looking in Alberta or Ontario. Statistics regarding advertising contacts is to be provided to let the Committee know what advertising mechanism is working and what is not. Recruiting may slow down during the months of July and August but will pick up again in September. Pool of South African candidates in the Alberta area. This area may be attractive as there are some South African trained doctors already in the community. Questions to the Consultants: Is there anything that the committee should be doing to prepare for the conversion of the potential candidates into confirmed candidates? Employment opportunities in the community and at the hospital would be helpful. Also, being prepared to do tours of the community would be helpful. A 1-888 number is in process for the consultants. Are the consultants (OCL) involved in the PAIRO tour? Committee can go in on its own or as part of a regional effort. Consultant needs to know what the Committee would like to do. What are the consultant's thoughts on the Clari ngton being with the larger group or on our own? Consultants recommend that the Committee go with the larger group. A better presence and perhaps some cost sharing. Dr. Stone attended PAIRO in Kingston last September. Sandy York participated on behalf of Oshawa. The tour was a basic set up with some pamphlets and brochures about opportunities in the Lakeridge Health community. Need to establish by the next meeting if we are partnering or going on our own. OCL is willing to staff the booth (whether we go alone or in concert with Oshawa). Terry offered to assist in developing the booth. Need to find out about the comparison of incentive packages between Clarington and other Regions. If there are other concerns that were not raised, members can pass them on to the Chair and/or Staff Liaison. The Committee has not seen a draft of their recruitment strategy. The consultants are learning how difficult recruiting is— community competition. Speaks to need to develop a firm process of recruiting new doctors in the future. Establish the framework now. Also need to remember that new Drs require a local mentor who functions to monitor the new doctor' 3. APPROVAL OF MINUTES: Moved by Bill Tomlinson/Seconded by Jim Schell. 4. BUSINESS ARISING: 2 - Physician Recruitment Committee Minutes February 24, 2005 a. Residents Reception — Susan, Kevin and Dr. Jefferson were thanked for their efforts in pulling the Reception together. Three potential candidates attended with one being very interested in staying in the Clarington area. Timelines need to be better—earlier in the locum. Official thank you to Neal &Shirley for providing their home. b. Developer Meeting — Letters to about 20 developers have been sent out. Seven have expressed an interest in participating. Looking to have a meeting June 1 or June 8. Beth will keep the Committee informed. A letter was received from the Kaitlin Group with regards to the office space they are planning to build on the west side of Bowmanville. c. Progress on Dr. Lottering — Nothing really new to report at this time. One of his colleagues has contacted us to arrange a visit. d. Lead Referrals — discussion regarding the process for referrals. What is our obligation to share with OCL? Do we take it on as a Committee or make it part of their portfolio. OCL believes that all leads are to be referred to them for the upfront work. The Municipality would take a quieter role as host of the community effort. There is another potential candidate interested in coming to Clarington. An informal meeting has been set. Have a local contact/mentor to keep a regular contact with the docs and their families. To keep an eye on new housing, requirements etc. Cindy Brear and Sue McLellan are taking the lead on this activity. e. Input on Website - Testimonials from the Drs here about why they are here — post to the web site and link to their email Sheila is going to meet with Christen and Darlene Bastianelli about Lakeridge Bowmanville S. NEW BUSINESS: a. PAIRO Tour— booked space in Kingston/Toronto/Hamilton— no cost for the booth. Do we want to partner with Oshawa/Region? Promotional material needs to be developed. We need to be careful if it appears that we are competing with Oshawa/Region. Need to think this process through carefully. Last year, the best booths were the ones that were regional. The most effective were those that had an excellent booth with a unified method and gave candidates choice. Whitby did there own booth; Oshawa did their own booth and it was apparent that they were competitors. Could be a "downer"for the person looking at the booth. - 3 - Physician Recruitment Committee Minutes February 24, 2005 Is there a willingness to partner from Oshawa? Yes, regionally. Dr. Stone suggested that someone from this Committee to meet with someone from Oshawa (Sandy York) and someone from Whitby (Visser?) to see what their interest is and what they want to do. Regardless of whether we have our own or share a booth is that we need to have someone from the Committee present in the booth. Sheila and Jennifer have said that they are willing to be present. A member of the Medical staff (doctor) would also be present. Dr. Stone suggested that we contact the recruiters from Niagara Region. They can give ideas regarding materials and booth design. b. Budget—a copy of the draft budget was distributed for review by the Committee. c. Development of Promotional Material - d. Other- Kevin will continue to work with local car dealers to see what kind of participation they might see themselves having in the process. 6. NEXT MEETING — Thursday June 23, 2005 ROOM 1A (Main floor of Municipal Administrative Centre) 7. ADJOURNMENT - 4 - J�� RT 1 Leading the Way REPO # REPORT TO COUNCIL MEETING OF JUNE 27, 2005 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 20, 2005 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-020-05 — Monthly Report on Building Permit Activity for May, 2005 (b) OPD-007-05 — Clarington Pitch-In Canada Events (c) ESD-009-05 — Monthly Response Report— May 2005 (d) CSD-011-05 — Proposed Admission Standards for Public Swimming Pools 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION (a) COD-032-05 — CL2005-12 Scugog Street Reconstruction, Bowmanville (b) COD-028-05 — CL2005-18 Newcastle Memorial Arena Canteen Renovations 3. DEVELOPMENT CHARGES STUDY AND BY-LAW 2005 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: Residential Single and Semi $8,377 Townhouse and Row $7,346 Large Apartment $5,671 Small Apartment $3,609 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Report#1 - 2 - June 27, 2005 Non-Residential Commercial and Institutional $34.94 (per square metre) Industrial $19.24 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; 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. 4. ANNUAL STATEMENT FOR THE DEVELOPMENT CHARGES RESERVE FUNDS FOR THE YEAR ENDED DECEMBER 31, 2004 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. 5. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN THAT Report PSD-079-05 be received; 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 Report#1 - 3 - June 27, 2005 THAT any interested party or delegation be advised of Council's decision. 6. REVISIONS TO PROPOSED PLAN OF SUBDIVISION AND RELATED REZONING TO PERMIT 48 RESIDENTIAL UNITS APPLICANT: HOME-LAND DEVELOPMENT GROUP LTD. 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 outstanding agency comments; and THAT all interested parties listed in Report PSD-080-05 and any delegation be advised of Council's decision. 7. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE CAR WASH WITH A DOG WASH APPLICANT: MOOLCO INVESTMENTS INCORPORATED 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. 8. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: FRANK CANONACO 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 40M-2225, be approved and that the attached 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. Report #1 - 4 - June 27, 2005 9. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: SYVAN DEVELOPMENTS LIMITED 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. 10. APPLICATION FOR REMOVAL OF HOLDING APPLICANT: PRESTONVALE ROAD LAND CORP. THAT Report PSD-084-05 be received; 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. 11. PROPOSED PLAN OF SUBDIVISION TO PERMIT 388 RESIDENTIAL UNITS, IN THE CITY OF OSHAWA APPLICANT: GLASPELL C/O GLENOSHA FARMS 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; Report #1 - 5 - June 27, 2005 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. 12. SIGN BY-LAW AMENDMENT APPLICATION APPLICANT: FAIRHAVEN INVESTMENTS INC. THAT Report PSD-086-05 be received; 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. 13. EA NOTICE OF STUDY COMPLETION ADDITIONAL WATER SUPPLY CAPACITY TO SERVICE THE NEWCASTLE URBAN AREA 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. 14. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC. THAT Report PSD-088-05 be received; Report #1 - 6 - June 27, 2005 THAT the request for Removal of Part Lot Control with respect to Block 95 on Plan 40M-2066 be approved and that the attached 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. 15. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: VERMONT VILLAGE HOMES THAT Report PSD-089-05 be received; THAT the request for Removal of Part Lot Control with respect to Blocks 137 and 138 on Plan 40M-2096; and Blocks 101 and 102 on Plan 40M-2172 be approved and that the attached Part Lot Control By-law attached to Report PSD-089-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-089-05, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. 16. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 1189286 ONTARIO INC. (GARY BREDA) THAT Report PSD-090-05 be received; THAT the request for removal of Part Lot Control with respect to Lots 60 and 62 on 40M-2178 be approved and that the Part Lot Control By-law attached to Report PSD-090-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-090-05, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. 17. DECLARATION AND SALE OF SURPLUS PROPERTY THAT Report PSD-091-05 be received; 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, by By-law, as surplus and offered for sale; and Report #1 - 7 - June 27, 2005 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 by By-law, as surplus and offered for sale. 18. PLAN OF SUBDIVISION, REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT 327 RESIDENTIAL UNITS OWNER: 1477677 ONTARIO LIMITED (BAYWOOD HOMES) 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 THAT the Regional Municipality of Durham Planning Department, all interested parties, and any delegations be advised of Council's decision. Report#1 - 8 - June 27, 2005 19. DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE EAST LANDS LTD. 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. 20. SITE PLAN CONTROL BY-LAW THAT Report PSD-074-05 be received; THAT the Revised Site Plan Control By-law contained in Attachment 1 to Report PSD-074-05 be approved; 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. 21. ORONO COMMUNITY IMPROVEMENT PROGRAM APPROVAL THAT Addendum to Report PSD-032-05 be received; THAT the authority be delegated 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. Report #1 - 9 - June 27, 2005 22. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: SCOTT PUSHMAN 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. 23. ESTABLISHING A REVISED BUILDING PERMIT POLICY FOR THE MUNICIPALITY OF CLARINGTON 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. 24. VENTON COURT SUBDIVISION, TYRONE, PLAN 40M-2009, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS 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. 25. ACCESSIBLE PARKING - PROPOSED AMENDMENTS TO BY-LAW 91-58 THAT Report EGD-021-05 be referred back to Staff for further comments respecting the parking spaces on Temperance Street south of Church; and THAT Staff report back to Council at the June 27, 2005 Council meeting. Report #1 - 10 - June 27, 2005 26. CNE GARDEN SHOW THAT Report OPD-012-05 be received; and THAT the Municipality participate in the CNE 2005 Garden Show. 27. NEWCASTLE RECREATION FACILITY NEEDS ASSESSMENT THAT Report CSD-010-05 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 re-purposing 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. 28. CL2005-22 ASHPALT RESURFACING, VARIOUS STREETS THAT Report COD-034-05 be received; THAT Hamden & 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; 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 Report#1 - 11 - June 27, 2005 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. 29. CL2005-15 SIDEWALK CONSTRUCTION, VARIOUS LOCATIONS 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. 30. CL2005-10, SOPER CREEK RECREATIONAL TRAIL, BOWMANVILLE AND LION'S TRAIL NEWCASTLE PAVING THAT Report COD-036-05 be received; THAT Royalcrest Paving & Contracting Ltd., Markham, Ontario with a total bid in the amount of $176,299.70 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-10, be awarded the contract for the Soper Creek Recreational Trail, Bowmanville and Lion's Trail, Newcastle Paving, as required by the Engineering Department; THAT funds required in the amount of$217,000.00 ($176,299.70 tender plus contingencies, consulting and sails) be drawn from Engineering 2005 Capital Projects #5800-8610-05107 ($200,000.00) and #6000-8620-05600 ($17,000.00); THAT the additional funds required in the amount of$7,500.00 required for the Lion's Trail Paving Project #6000-8620-05600 be drawn from Account #100-36-381-10250-7163 Pavement Resurfacing; and Report #1 - 12 - June 27, 2005 THAT the By-law attached to Report COD-036-05 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 31. TENDER CL2005-19, DRIVEWAY PAVING THAT Report COD-037-05 be received; THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid amount of$59,150.00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005-19, be awarded the contract for Driveway Paving; and THAT the funds expended be provided from the 2005 Operations Budget. 32. RATIFY ACTIONS THAT the actions taken at the "closed" meeting 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 be ratified. Report #2 REPORT leading the way CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 27, 2005 Resolution #: Report#: COD-039-05 File #: By-law #: Subject: Fair Wage Schedule Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-039-05 be received; 2. THAT the attached Fair Wage Policy for the Municipality of Clarington, marked Schedule A be approved; 3. THAT the Fair Wage Policy apply only to ICI (Industrial, Commercial, Institutional) projects in cases where the estimated total budget exceeds one million dollars ($1,000,000.00); 4. THAT staff be authorized to negotiate and enter into a standard form of agreement outlining services and costs with the City of Toronto or alternate auditing firm; and 5. THAT staff report back to Council in June, 2006. i Submitted by: Reviewed by Marie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer MM/LAB/Id REPORT NO.: COD-039-05 PAGE 2 BACKGROUND AND COMMENT At the Council meeting of April 4, 2005, resolution GPA-164-05 was approved as follows: "THAT Report COD-015-05 be received; THAT a "Fair Wage Policy" be adopted, in principle; THAT staff be authorized to work in co-operation with the various Trade Unions, the Durham Construction Association and the City of Toronto Fair Wage Office to develop a Fair Wage Policy and corresponding Fair Wage Schedule; THAT a Fair Wage Policy be brought back to Council for approval; THAT the Fair Wage Policy apply to building construction only in cases where the estimated total budget exceeds one million dollars ($1,000,000.00); THAT the Fair Wage Policy be implemented on a complaint basis only and that the contractor making the claim be charged an administration fee which is refundable only if the claim proves to be valid; THAT staff be authorized to send a written request to the City of Toronto Fair Wage Office to provide auditing services for Fair Wage Compliance on an as needed and cost recovery basis; and THAT the Fair Wage Policy be implemented for a one year period." Subsequent to this, staff have reviewed Fair Wage Policies currently in place with the Cities of Oshawa, Thunder Bay, Hamilton, London and Toronto. REPORT NO.: COD-039-05 PAGE 3 In addition, preliminary discussions have been held with the City of Toronto with respect to providing the necessary audit services that may be required for enforcement of the policy. This service would be provided on a cost recovery basis with a standard form of agreement outlining the services and costs to be negotiated to the satisfaction of both the City of Toronto and the Municipality of Clarington, pending approval by the City of Toronto Council. For whatever reason, should this not be approved by the City of Toronto, the services of an alternate auditing firm will be retained. A draft Policy was circulated to known interested parties at an information meeting held on June 20, 2005. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-3330 SCHEDULE A Clarington Leading the Way FAIR WAGE POLICY FOR ICI CONTRACTS POLICY STATEMENT On all Industrial Commercial Institutional Construction Contracts with the Municipality, every Contractor and Sub-Contractor shall pay or provide wages, benefits and hours of work to their Employees, in accordance with the "Fair Wage Policy for ICI Contracts" and the Fair Wage Schedule of the Corporation of the Municipality of Clarington. Failure to comply with the Fair Wage Policy may result in restricted ability to bid on Municipal construction business. DEFINITIONS In this policy wherever a term set out below appears in the text of this policy with its initial letters capitalized, the term is intended to have the meaning set out for it in this DEFINITION section. Wherever a term below appears in the text of this policy in regular case, it is intended to have the meaning ordinarily attributed to it in the English language. a) "Municipality" means the Corporation of the Municipality of Clarington, and, where the context allows, its officers, officials, employees and agents or any of them. b) "Municipal Council" means the elected Municipal Council of the Municipality. c) "Contractor' means any person, firm or corporation having a contract with the Municipality for the performance of ICI construction work, but does not include any person, firm or corporation that only supplies materials for the Construction Contract. d) "Construction Contract' means any ICI construction of an estimated value of at least one million ($1,000,000.00) dollars (exclusive of GST, administration and related costs), entered into between the Municipality and a Contractor and includes the various sub-contracts to that contract. Construction Contracts which were initially tendered and awarded under the one million ($1,000,000.00) dollar threshold (exclusive of GST, administration and related costs) but exceeded this upset limit due to owner requested changes or other unknown change orders after the award of the contract, are exempt from this policy. FAIR WAGE POLICY FOR ICI CONTRACTS Page 2 of 8 DEFINITIONS CONTINUED e) "Audit Services" means the review of tender submissions of any or all bids at time of tender and records of low bid contractors and sub-contractors to ensure compliance. Audit services may be performed by the City of Toronto or alternate designated by the Municipality of Clarington. f) "Employees" means those persons employed by the Contractor or Sub- Contractor in positions, classifications (trades or any combination of those) identified in the Fair Wage Schedule, for the performance of construction work on a Construction Contract with the Municipality, or any sub-contract. g) "Fair Wage Schedule" means the schedule of wages, benefits and hours of work for the performance of construction work on all Municipal ICI Construction Contracts as approved and as amended from time to time as based on the Ontario Labour Relations Geographical Board Area 9. h) "Fringe Benefits" includes such benefits as company pension plans, extended health care benefits, dental and prescription plans, etc. It does not include legislated payroll deductions such as C.P.P., E.H.T., W.S.I.B. or E.I.C., O.H.I.P. i) "ICI" is an acronym abbreviation for"Industrial, Commercial and/or Institutional". j) "Registered Complaint" means a written complaint from an identified source which alleges that a Contractor or Sub-contractor has violated this Fair Wage Policy. Registered Complaints must be submitted, in writing, to the Purchasing Manager of the Municipality of Clarington. k) "Sub-contractor" means any person, firm or corporation performing work for a Contractor or one of the Contractors or other Sub-contractors who has a Construction Contract with the Municipality, but does not include any person, firm or corporation that only supplies materials for the Construction Contract. 1) "Sub-contract" means any contract between a Contractor and any of that Contractor's Sub-contractors with a firm, person or corporation for work in accordance with a Construction Contract. The term excludes contracts for material supplies only. m) "Term". This policy is in effect for a term of twelve (12) months from Council ratification, after which it will be referred back to Council for review. FAIR WAGE POLICY FOR ICI CONTRACTS Page 3 of S PROCEDURES 1.a) The Purchasing Manager or designate will prepare and review the Fair Wage Schedule from time to time and after consultation with the audit service provider, those amendments to the Fair Wage Schedule which are required to reflect the prevailing wages, benefits and hours of work in the construction industry in the geographical area of the Municipality will be made by the Purchasing Manager. b) The Purchasing Manager or designate will review the Fair Wage Policy from time to time and recommend to Council any substantive required amendments to the Fair Wage Policy. Minor amendments may be made after consultation with the audit service provider. c) The Purchasing Manager for the Municipality or designate will co-ordinate, as necessary, the preparation of information reports to Council regarding complaints investigated and audits performed pursuant to the Fair Wage Policy. 2. The Municipality shall make available through its tender call, to every person bidding on the Municipality's ICI Contracts, the then current Fair Wage Policy and Fair Wage Schedule and shall include in contract documents and/or provide copies of them to the bidders, or make them available through the Municipality's web page. The Contractor and its Sub-contractors shall not be responsible for any Fair Wage Schedule rate increases which occur after the closing of the tender for the Municipal Construction Contract on which the Contractor is the successful bidder. 3. For all ICI Contracts with the Municipality, the Contractor shall provide to the Municipality, in a form acceptable to the Municipal Solicitor or designate, notification that the Contractor and its Sub-contractors are in compliance with the Fair Wage Policy and the Fair Wage Schedule. This notification shall be provided to the Municipality after substantial performance of the Construction Contract as defined in the Ontario Construction Lien Act. R.S.O. 1990, c C.30, as amended, including successor legislation. 4.a) A Contractor is fully responsible for ensuring that all of its Sub-contractors comply with the Fair Wage Policy and Fair Wage Schedule. A Sub-contractor is fully responsible for ensuring that all of its Sub-contractors comply with the Fair Wage Policy and the Fair Wage Schedule. b) A Contractor must provide all of its Sub-contractors with a copy of the Fair Wage Policy and Fair Wage Schedule before any construction work is performed by the Sub-contractors. c) Contractors and Sub-contractors can not subcontract any portion of the contract for less than the fair wage rates. 5. From time to time, the Municipality of Clarington will engage the services of the City of Toronto or alternate auditing services to conduct investigations on their behalf. FAIR WAGE POLICY FOR ICI CONTRACTS Page 4 of 8 PROCEDURES CONTINUED 6. The Fair Wage Rates will be based on the Ontario Labour Relations Geographical Board Area 9. 7. Contractors and Sub-contractors shall not discriminate because of race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, record of offences (provincial offences and pardoned federal offences), marital status, family status or handicap. 8. LEGISLATIVE COMPLIANCE Contractors and Sub-contractors shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By-laws, which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Contractors and Sub-contractors shall ensure WSIB compliance and coverage in accordance with relevant legislation and the Municipality's prevailing policy. Without limiting the generality of the foregoing, Contractors and Sub-contractors shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractors and Sub-contractors obligations. 9. LIABILITY The Municipality of Clarington and any other designate to be fully indemnified and saved harmless from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly, save and except for damage caused by the negligence of the Municipality, its employees or designate. The Contractor agrees to defend, fully indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act or any other Act in relation to any violation of the Act arising out of this contract. POSTING All Contractors must post in a conspicuous place on every construction project site, in a location satisfactory to the Project Manager or his designate, a copy of the Fair Wage Policy and the Fair Wage Schedule supplied to it by the Municipality which will include a telephone number by which any inquiry regarding the Fair Wage Policy or the Fair Wage Schedule, may be made to the Municipality's Purchasing Manager or designate. FAIR WAGE POLICY FOR ICI CONTRACTS Page 5 of 8 RECORDS 1.a) The Contractor must keep records of the names, addresses, wages paid, benefits paid or provided and hours worked for all of its employees. b) The Contractor shall make these records available for inspection by the Municipality upon the request of the Municipality for a period of seven (7) years after final completion of the Construction Contract. The Municipality will only be permitted access to these records upon receipt of a Registered Complaint. 2. The Contractor shall, in any agreement with a Sub-contractor, require the Sub- contractor to comply with all subparagraphs below. a) The Sub-contractor shall keep records of the names, addresses, wages paid, benefits paid or provided and hours worked for all of its employees. b) The Sub-contractor shall make these records available for inspection by the Municipality within five (5) days to the date of the Municipality's request. The Municipality will only be permitted access to these records upon receipt of a Registered Complaint, and only for a period of seven (7) years after final completion of the Construction Contract. c) The Sub-contractor shall also require its Sub-contractors to assume the same obligations in relation to their own Employees. 3. Failure to provide these records or failure to co-operate as required by this Policy may result in the Contractor or Sub-contractor being subject to the CONSEQUENCES OF NON-COMPLIANCE provisions of this Fair Wage Policy. COMPLAINTS 1. Any Contractor, Sub-contractor or Employee that tendered on that awarded Construction Contract by the Municipality, may submit a Complaint against that tender award to the Municipality with respect to any Contractor or Sub-contractor on that project. Registered Complaints should be submitted at the earliest time but no later than fifteen (15) days following the: a) substantial performance of relevant Construction Contract where a complaint is being made against a Contractor; or b) substantial completion of relevant Sub-contract to a Construction Contract where a complaint is being made against a Sub-contractor. 2. Upon receipt of a Registered Complaint, together with payment of an investigation fee of $2,500.00, in the form of a certified cheque, the Municipality shall take such action as it deems necessary to determine whether the Contractor and Sub-contractor involved or named in the Registered Complaint is in compliance with the Fair Wage Policy and the Fair Wage Schedule. FAIR WAGE POLICY FOR ICI CONTRACTS Page 6 of 8 COMPLAINTS CONTINUED If upon investigation, the Registered Complaint is found to be substantiated, the fee of $2,500.00 will be refunded to the person, company or corporation filing the complaint. If the complaint is found to be unsubstantiated, the fee will be retained by the Municipality to cover administrative costs of the investigation and audit process. The Municipality may, at its discretion, waive the fee in cases where an employee of the Contractor or Sub-contractor working on the construction project issues the complaint. 3. The Municipality's Purchasing Manager or designate shall inform the complainant and any Contractor or Sub-contractor involved or named in the complaint, or the results of the Municipality's determination of Contractor's and/or Sub-contractor's compliance or non-compliance with the Fair Wage Policy or Fair Wage Schedule, or both by ordinary mail. The decision of the Purchasing Manager or designate is final. INSPECTION AND AUDITS 1. The Municipality retains the right to inspect and audit the payroll records (as referred to in the RECORDS section of the Fair Wage Policy) of the Contractor or Sub-contractor at any time during the period of the Construction Contract and up to seven (7) years after the Construction Contract has been completed, as deemed necessary by the Municipality. The Contractor shall supply certified copies of any records whenever requested by the Municipality within five (5) business days.. After completion of the Construction Contract, the Municipality will only be permitted access to these records upon its receipt of a Registered Complaint of non-compliance of a Contractor or Sub-contractor under the Fair Wage Policy. COMPLIANCE 1. A Contractor or Sub-contractor shall be in compliance with the wage requirements of the Fair Wage Policy when it pays to its Employees wages, vacation and holiday pay, fringe benefits equal to or greater than the amount set out in the most recently approved Fair Wage Schedule. CONSEQUENCES OF NON-COMPLIANCE 1. The Municipality's Purchasing Manager or designate, upon determining that a Contractor or Sub-contractor is in non-compliance of the Fair Wage Policy or the Fair Wage Schedule, shall undertake the actions set out in subparagraphs (a) and (c) and may undertake the action set out in subparagraph (b). FAIR WAGE POLICY FOR ICI CONTRACTS Page 7 of 8 CONSEQUENCES OF NON-COMPLIANCE CONTINUED a) The Municipality shall advise the Contractor and/or Sub-contractor, in writing,. sent by ordinary mail, that it has been determined that the Contractor or Sub- contractor is in non-compliance, providing the detail of that non-compliance. The notice shall stipulate that the Contractor and/or Sub-contractor is required to comply and/or immediately pay (retroactively) wages to its workers according to the Fair Wage Schedule applicable at the time of the Construction Contract award, as applicable. If a Contractor or Sub-contractor is provided with notice in accordance with this subparagraph, the fact shall be recorded as an occurrence of non-compliance. b) The Municipality may withhold an amount of funds equal to the amount by which the Contractor and/or Sub-contractor has benefited from its non- compliance from any payment owed by the Municipality to the Contractor until such time as the Contractor or Sub-contractor complies. c) The Municipality shall assess the base cost of $2,500.00 for the Municipality's inspection, audit or other action as deemed necessary by the Municipality as a result of the determination of non-compliance of the Contractor and/or Sub- contractor, and may deduct that amount from any payment owed by the Municipality to the Contractor. In addition, the Contractor shall be responsible for all of the Municipality's costs beyond the base cost of $2,500.00, to be payable immediately upon demand. 2. Where a Contractor or Sub-contractor has been determined to be in non- compliance with the Fair Wage Schedule for the first time in a five (5) year period, the Municipality's Purchasing Manager or designate may require that Contractor or Sub-contractor, on the next three (3) Municipal Construction Contracts on which the Contractor or Sub-contractor performs construction work, to submit an accountant's report which verifies the Contractor's or Sub- contractor's compliance with the Fair Wage Policy and the Fair Wage Schedule. The account's report shall be in a form satisfactory to the Municipality's Director of Corporate Services or designate and shall be submitted after substantial performance of the Construction Contract as defined in the Construction Lien Act, R.S.O., c. C.30, as amended, including successor legislation. 3. Where a Contractor or Sub-contractor has been determined to be in non- compliance with the Fair Wage Schedule for a second or subsequent time within a five (5) year period from the date of the first determination of non- compliance by the Municipality's Purchasing Manager or designate, the Municipality may: a) refuse to accept bids, quotations or proposals from that Contractor on Municipal Construction Contracts for a period of two (2) years, save and except any Construction Contract the Contractor may currently have with the Municipality. FAIR WAGE POLICY FOR ICI CONTRACTS Page 8 of 8 CONSEQUENCES OF NON-COMPLIANCE CONTINUED b) not allow that Sub-contractor to perform any construction work on any Municipal Construction Contract for a period of two (2) years, save and except any Construction Contract on which the Sub-contractor may currently be performing construction work. 4. The Municipality's Purchasing Manager or designate shall make available to the public a list of all Contractors and Sub-contractors who have been determined to be in non-compliance with the Fair Wage Policy or the Fair Wage Schedule or both and are subject to restrictions in accordance with #2 and/or #3 of the CONSEQUENCES OF NON-COMPLIANCE. This list may be made available through the Municipality's web page, posted through the Durham Construction Association web page, included in ICI tender calls, posted in the Purchasing Office or other suitable methods of posting. 5. The Municipality of Clarington's Purchasing Manager or designate will require a Contractor or Sub-contractor to substitute, at its own cost, any Sub-contractor who, on the first day that the tender for the relevant Construction Contract is available for pick-up, is named on the list referred to in #4 of the CONSEQUENCES OF NON-COMPLIANCE above, and is identified as not being allowed to perform any construction work on a Construction Contract. 6. The Municipality of Clarington or its designate is not in any way liable, obligated or responsible to any Employee, Sub-contractor, Contractor or any other person for the payment of any monies not paid by a Contractor or Sub-contractor in accordance with the Fair Policy or the Fair Wage Schedule or both and the Municipality assumes no responsibility to any Employee, Sub-contractor or Contractor or any other person for the administration and enforcement of the Fair Wage Policy or the Fair Wage Schedule or both. Any employee of the Contractor or Sub-contractor is not an employee or deemed an employee of the Municipality for any purpose. THIS POLICY SHALL BE READ WITH SUCH GENDER OR NUMBER OR CORPORATE STATUS AS THE CONTEXT MAY REQUIRE. Report #3 CrJ�n n Lending the Way REPORT FINANCE DEPARTMENT Meeting: COUNCIL Date: MONDAY, JUNE 27, 2005 Resolution #: Report #: FND-009-05 File #: By-law #: Subject: CLARINGTON OLDER ADULT CENTRE Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-009-05 be received; 2. THAT Clarington Older Adult Centre be accepted as a Committee of Council; 3. THAT Jim Schell and Don MacArthur, as members of Council be appointed as Council's liaison to the Clarington Older Adult Centre Board; 4. THAT the Clarington Beech Centre Board be disbanded; and 5. THAT the Clarington Older Adult Centre Board and the municipality's insurers be advised of Council's decision. Submitted by: Reviewed by: 1�� ancy T ail or, .B. ., C.A., anklin Wu, Director 6f Finance. e Chief Administrative Officer. NT/hjl REPORT NO.: FND-09-05 PAGE 2 BACKGROUND AND COMMENT: 1.0 In the fall of 1997, the Municipality of Clarington initiated the purchase of the former Lion's Club Centre to be used as the Seniors' Activity Centre for the members of the Clarington Older Adults Association (COAA). Building expansion and renovations were completed over the next year and in the fall of 1998 Clarington Beech Centre opened as the home of the Clarington Older Adults Association. 1.1 As a result of opportunities for grant funding, insurance considerations from the Municipality's insurance provider at the time, as well as considerations relating to Ministry of Municipal Affairs and Housing, the Clarington Older Adult Association was formally incorporated as a non-profit company and undertook to operate the facility and programs, on behalf of the Municipality. This was formalized through the establishment of a lease with COAA. 1.2 In 2001, Council approved the establishment of the Clarington Beech Centre as a Community Recreation Centre, under the Community Centres Act, and appointed a hall board to manage the operations of the Clarington Beech Centre. The COAA was allocated space within the Beech Centre by the Hall Board to run their programs. This action was initiated to exempt the Beech Centre and the COAA from assessment of municipal, regional and educational taxation while maintaining the independence of the COAA to apply for funding opportunities such as Trillium Grants. 1.3 The Clarington Older Adults Association has continued to meet the demands of an expanding clientele. Membership has grown from 266 in 1999 to 657 in 2005. Stats Canada data predicts a growth of more than 34% in the 55+ age group in Clarington over the period 2001 -2006 which would indicate that the demands on COAA membership will continue. 1.4 Over the last four years, the Beech Centre and the Clarington Older Adults Association have realized financial hardships. Initially it was expected that the Clarington Older Adults Association would receive funding of$30,000 annually through the Elderly Person Centres Grant program. Although other Senior Centres in Durham receive this grant, the provincial government froze all funding to new centres several years ago. The Clarington Older Adults Association has lobbied long and hard to have access to the EPCG funding, to no avail. 1.5 The Clarington Beech Centre Hall Board and the Clarington Older Adults Association have received annual funding from the Municipality through the Municipal Grants Program. REPORT NO.: FND-09-05 PAGE 3 1.6 The COAA offers a unique, municipal wide service, similar to the Library, the Clarington Museum, the Visual Arts Centre and the Firehouse Youth Centre. 1.7 Recently regulations regarding Trillium funding eligibility have been amended. The provincial government recognized that many worthwhile community services were deemed ineligible as Committees of Council, under the old guidelines. This restriction has been removed making it possible for the Clarington Older Adults Association to again assume responsibility for the management of the Beech Centre. 1.8 At the Clarington Beech Centre Hall Board Meeting of February 10, 2005, the Board approved a motion moved by Councillor Schell, seconded by Councillor McArthur that the COAA become a Board of Council and that the Clarington Beech Centre Hall Board be disbanded pending approval of the COAA, (Attachment "A"). 1.9 The Clarington Older Adults Association passed a resolution supporting the Hall Board motion at their meeting of February 11, 2005. 2.0 The municipality's insurance carriers have advised that they would cover the insurance requirements of the Clarington Older Adult Centre board as a Council Committee provided: a) Council passes a resolution accepting the Board as a Committee of Council; b) A member of Council sits on the Committee; c) Committee minutes are forwarded to Council for information; d) An annual budget is prepared by the Committee and submitted to Council; e) Financial statements are submitted to Council; f) The Committee is aware that they cannot incur debt; and g) All assets of the Committee become municipal assets. Attachments: Attachment "A" — letter from Clarington Older Adult Association Interested Parties: Clarington Older Adult Centre 26 Beech Avenue Bowmanville, Ontario L1C 3A2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 t CLARINGTON OLDER ADULT ASSOCIATIONAttaehment°`A" G\a�.Xngton Beech centre r� 26 Beech Avenue Bowmanville • ON L1C 3A2 Telephone: (905) 697-2856 • Fax: (905) 697-0739 June 7, 2005 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Mayor Mutton and Members of Council Re: Boards of Council In February this year Nancy Taylor, Director of Finance met with the Clarington Beech Centre Board to discuss its financial and operational issues. Her recommendation was that if both the Clarington Beech Centre Board and the The Clarington Older Association boards agreed it would be better if both combined and one new Board of Council was formed to manage The Beech Centre and provide the provide the programs and activities for the older adults. Listed below is a copy of the motion and resolution passed by both boards in favour of this change. (a) Motion passed at Beech centre Board Meeting Feb.101h 05 Motion: That The Clarington Older Adult Association become a board of Council as soon as possible for this facility and that the Clarington Beech Centre Board cease as soon as possible pending approval of the Clarington Older Adult Association Board . Moved by: Jim Schell Seconded by : Don McArthur Carried (b) Resolution passed at Clarington Older Adult Board Meeting on Feb.I Ith 2005 RESOLUTION: WHEREAS the Clarington Older Adult Association and the Clarington Beech Centre Board have or will experience financial shortfalls, and WHEREAS the Municipality of Clarington supports making the Clarington Older Adult Association a Board of Council and the dissolving of the Beech Centre Board, and WHEREAS the Older Adult Association would still be eligible for outside for outside Government funding when available (i.e. Trillium, Elderly Persons Centre Act, etc) and WHEREAS only one set of records would be required and WHEREAS some savings would occur (no auditor's fee or Directors insurance). THEREFORE, Be It Resolved that the Clarington Older Adult Association agree with the Clarington Beech Centre Board's motion to dissolve the Beech Centre Board and the Clarington Older Adult Association assume full responsibility for the operations of the Centre as soon as feasible (March 31, 2005?) with the following conditions: 1. The Clarington Older Adult Association assume full responsibility for all bookings, considering funding is provided (if needed) to pay for after hour security assistance past 6 p.m. and on weekends. 2. Sole discretion for future rentals is that of the Clarington Older Adult Association and there is no obligation that rentals must be made. 3. Nancy Taylor, Municipal Treasurer, our Executive Director John Coffey, and Skip Crosby put forward financial consideration acceptable t the Clarington Older Adult Association Directors and the Council of the Municipality of Clarington. 4. The Board of Council shall be members of the Clarington Older Adult Association as elected under the present By-Laws. Council shall appoint representative(s) to the Board. The Clarington Older Adult Association will strive to have fundraising reach, each year, an average of the previous three years. The Clarington Older Adult Association would like Council to proceed with this change and have one Board of Council to operate The Beech Centre. We would also like to thank you for your ongoing support in making the Beech Centre a great place for the residents of Clarington. If you have any questions or concerns regarding this change please feel free to contact me. Yours,ruly, Iohn Coffey Executive Director —� = Vi Ashton,President COAA Don Welsh,Chair Beech Centre Board Cc:Nancy Taylor, Director of Finance Skip Crosby Vi Ashton Don Welsh G:\Board Reports\Board of Council request.doc Report #4 Clarin��W� /n Leading theW¢yV REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 27,2005 Resolution #: Report#: COD-038-05 File #: By-law #: Subject: Co-operative Tender CL2005-9, Traffic Signs Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-038-05 be received; 2. THAT staff be authorized to award Part A under the approved summer recess process pending completion of the vendor evaluation; 3. THAT Mechanical Advertising, Oshawa, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005-9, be awarded Part B for the requirements of the Municipality of Clarington for the traffic signs; 4. THAT Scugog Signs, Pontypool, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005-9 be awarded Part E for the requirements of the Municipality of Clarington for traffic signs; 5. THAT the contracts be extended for a second year, pending satisfactory service and pricing; and 6. THAT the required funds be drawn from the respective year's budget allocation for Traffic and Street Signs. REPORT NO.: COD-038-05 PAGE 2 Submitted by: Reviewed bye/ Marie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer o Operations MMAABAd REPORT NO.: COD-038-05 PAGE 3 BACKGROUND AND COMMENT A tender for the supply and delivery of Traffic Signs was issued on a Co-operative basis with the City of Oshawa, City of Pickering, Town of Whitby and the Region of Durham participating. The tender is divided into the following sections with the option to award each section together or separately. Part A- Traffic Signs Part B - Posts and Hardware Part C- Sign Blanks— No Municipality of Clarington requirements Part D - Signing Material —No Municipality of Clarington requirements Part E - Fluorescent Yellow Green School Area Signs Part F - STA Mark Arrows—No Municipality of Clarington requirements A summary of bids marked Schedule "A" listing all bidders and their respective bid amounts is attached. The Municipality of Clarington requirements are for Parts A, B and E only and are approximated to be $67,300.00 a year and are included in the total bid amounts reflected on Schedule "A°. Note, the low bidder determined for each section is based on unit prices bid, payment terms and discount and 2nd year price increase proposed. As indicated on the attached bid summary, the low bidder for Part A is Spectralite, Trois Rivieres, Quebec. As this is potentially a new supplier for this particular tender, a detailed supplier evaluation is currently underway. A meeting has been tentatively scheduled to take place within the next two weeks with the vendor and all participants to go over the detailed requirements of the contract. Should all concerns be addressed to the satisfaction of the participants, a site visit to their plant in Quebec would be the next step. Failing satisfactory results of this supplier evaluation, the award of Part A would then be to the 2nd low bidder. It is therefore recommended that Part A be awarded under the summer recess approval process upon completion of the evaluation and consensus by the Durham Purchasing Co-operative. As the total usage requirements of each of the participants fluctuates from year to year and as the pricing is based on anticipated volume, an overall percentage increase or decrease can not be determined. However, in spot checking individual prices any increases proposed are reasonable. REPORT NO.: COD-038-05 PAGE 4 The contract resulting from this tender will cover the supply and delivery of various signs and miscellaneous hardware to the Municipality of Clarington on an "as required" basis. Subject to satisfactory pricing and service and upon agreement by the Co-operative participants it is recommended that the contract be awarded for a second year. The required funds will be drawn from the respective years budget allocation for Traffic Signs and Street Signs. Queries with respect to department needs, specifications, etc., should be directed to the Director of Engineering Services. After further review and analysis of the bids by Purchasing, the Durham Purchasing Co-operative and the Engineering Department, it is respectfully recommended that the Municipality of Clarington requirements for Traffic Signs be awarded as identified in the recommendations of this report. The subject firms have provided satisfactory service to the Municipality of Clarington in past years. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 TENDER NO CL2005-9-2005 TRAFFIC SIGN REOUIRMENTS Swow Siam Mechanical Ativertisi Bid Amount Year $ 120,958.05 $ 119,537.74 $ 125,624.14 Bitl Amount with Year 2 @ 6% $ 128,21553 Year 2 @ 15% $ 137,468.40 Year 2 @ 1% $ 126,880.38 ro ed increase Sub-total $ 249,173.58 $ 257,006.14 $ 252,504.52 Ead Pa ment Discou Net 30 2%10da S 5,140.12 Net 30 S 251,865.02 Plus GST $ 17,442.15 $ 17,630.62 S 17,675.32 PIUS PST $ 20,200.36 $ 20,149.28 S 20,200.36 Grand Total 298"g S 289.645.92 $ 290,380.20 Farb x" `as2" . Unistwt I n complete) Scu oa S' ns Mechanical Advertisirm Bid Amount Year 1 $ 50,635.85 $ 51,609.39 $ 51,410.00 Bid Amounl with Year 2 5% $ 53,167.64 Year 2 @ 20% $ 61,931.27 Year 2-@2% S 52,438.20 pro acted increase increase increase increase Subtotal $ 103.803.49 $ 113,540.66 S 103.848.20 Early Payment Discou Net 30 2%1 Oda E 2,270.87 Net 30 S 111,269.84 Plus GST $ 7,266.24 $ 7,788.89 $ 7,269.37 Plus PST S 8,304.28 $ 8,901.59 $ 8,307.86 Grand Total $ 119,374.02 $ 239,230.17 Ps" .-„';r=i.0%•.'2 S ecualite Scuaoa Si ns Mechanical Advertising Bid Amoum Year 1 S 17,858.69 S 14,333.71 S 15,754.30 Bid Amount with Year 2 @ 6% $ 18,930.21 Year 2 @ 15% S 16,483.77 Year 2 @ 1% $ 15,911.84 Projected increase Sub-total $ 36.7B8.90 $ 30,817.48 $ 37,666.14 2%10da $ 610135 S 30,201.13 Plus GST $ 2,575.22 $ 2,114.08 $ 2216.63 Plus PST $ 2,533.29 S 2416.09 $ 2,533.29 Grand Total Net 30 $ 41,897.42 Ate`" `. Il.. Net 30 $ 36416.06 PEAV211qwl z» :`.:'. 3M SCU000 Sim Mechanical Adverfising Bid Amount Year $ 23,296.89 $ 25,292.26 Incom lets $ 11,269.34 Bid Amount with Year 2 @ 3% $ 23,995.80 Year 2 @ 10% $ 27,821.49 Year 2 @ 2% $ 11,494.73 projected increase Subtotal $ 47,292.69 S 53,113.75 $ 22,764.07 Plus GST $ 3,310.49 S 3,717.96 $ 1.593.48 Plus PST $ 1,821.13 S 4,249.10 $ 1,821.13 Grand Total S -52,424.30 S 61,080.81 $ 26,178.68 EarlyPeymentDiswu Net30 NO 30 Net 30 Net `..2''42# $ 61,080.81 S 26178.68 RilrV ' , •; SCUGOG SIGNS MECHANICAL ADV. Bid Amount Year 1 S 31,863.60 Year 1 $ 39,971.96 Bid Amount with Year 2 @ 20% Year 2 @ 1% projected increase increase $ 38,236.32 increase S 40,371.68 Sub-total $ 70,099.92 $ 80,343.54 Early Payment Discou 2%10 E 1402.00 Net 30 Sub Total S 66,697.92 Plus GST E 4,808.85 3 5,624.05 Plus PST $ 5,495.83 S 6,427.49 Grand Total $ 92,395.19 PAMOMWale:;'3 3M MECHANICAL ADV. Bid Amount Year 1 $ 1,752.00 Year 1 E 1.517.60 BM Amount With Year 2 @ 3% Year2 @ 1% protected increase Increase S 1.804.56 Increase E 1,532.78 Sub-total S 3,556.56 $ 3,050.38 Plus GET S 246.96 $ 213.53 Plus PST $ 244.03 S 244.03 Grand Total $ 4,049.55 Early Payment Discou Net 30 Net 30 Net 30 Net Specbalae Sa19o9 Mechanical 3M Unistrut Part _ _ $ 289,645.92 $ 290,380.20 S - S Part B $ - $ 239,230.17 XM40 S - S 119,374.02 Part C $ 41,897.42 $ 36,416.06 $ $ - PerID $ - E 67,080.81 $ 26,178.68 __ -„ - $ - PartE $ - pjVAVVAW S 92,395.19 $ - $ - Part F $ S .. es03 Ye'--. $ 4.049.55 S $ 328,713.51 E 703,690.80 $ 568,303.49 $56,473.85 $ 119,374.02 Part D Incomplete Total Coat-Pro sed Awards Part A S 286,816.10 Spectralite Part B S 119.425.43 Mechanical Part C S 34,731.30 Scugog Peril) $ 52,424.30 3M ParIE $ 79,002.61 Scugop Pan F 3 507.9 Mechanical $ 575,907.66 Report #5 Clar�ngton Leading the Way REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 27, 2005 Report#: COD-040-05 File # By-law# Subject: CriSys Limited Fire Dispatch System Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-040-05 be received; 2. THAT a Purchase Order be issued to CriSys Limited in the amount of $42,013.00 for the software and hardware upgrade of the existing Fire Dispatch System; 3. THAT the funds be provided from the Corporate Services Information Technology Computer account #110-16-162-61610-7401 as provided in the 2005 Corporate Services Capital Budget; 4. THAT Purchasing By-law #94-129, Paragraph 5, Item 5.04 be waived for this transaction; and 5. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: Reviewed b • fie Marano, H.B.Sc., C.M.O. Franklin Wu, Director of Corporate Services Chief Administrative Officer Gord Weir Director of Emergency & Fire Services 4Zr11tXX1A 'z lz�el ancyTaylo , .B.A., C.A., Director of finance MM/LAB/Id REPORT NO.: COD-040-05 PAGE 2 BACKGROUND AND COMMENT The existing CriSys Dispatch system was purchased in the Fall of 1999 and has reached the point where it will no longer be supported by the supplier. It is therefore recommended that an upgrade to CriSys Xpert Fire Dispatching software and hardware be purchased for the following reasons: 1. The present day CriSys application runs on the QNX operation system. Support for this version of the operating system has come to an end (January 2004) from the supplier. CriSys has been supporting the major functionality of the operating system and will continue to do so until all clients are moved to Xpert Fire. 2. CriSys has been searching the market for QNX compatible video cards, network cards, hubs and routers, printers and monitors. With the newer technology coming out in all these areas, the QNX operating system does not support the products and the older devices are no longer supported or available. As these older system parts start to fail, CriSys are unable to find replacements as they are `end of life". Up until now, staff had been sourcing the market and buying up as many of these items to support the client base but this is no longer possible, hence the move to Xpert Fire. 3. Moving to Xpert Fire will provide a new product, which takes full advantage of the features and tools offered by a standard database and operating system such as Linux. 4. Moving to a new dispatching product supplier would prove to be very costly versus doing the upgrade. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Emergency & Fire Services. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Crisys Limited, Markham, Ontario, to enter into agreement for the upgrade of software and hardware for the existing Fire Dispatch system.. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between Crisys Limited, Markham, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this day of 2005. By-law read a third time and finally passed this day of 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk Report #6 C��1I1 Il ceadrng the Ways REPORT ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday June 27, 2005 Resolution #: Report#: EGD-23-05 File #: By-law#: Subject: BOWMANVILLE PROFESSIONAL BUILDING, AUTHORIZING BY-LAW FOR THE EXECUTION OF A SERVICING AGREEMENT BETWEEN BOWMANVILLE PROFESSIONAL BUILDING INC. AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report EGD-23-05 be received; and 2. THAT the attached By-law, authorizing the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and The Corporation of the Municipality of Clarington be approved and that the Mayor and Clerk authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. Respectfully by, Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/jo June 21, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 Report#EGD-23-05 Page 2 1.0 BACKGROUND 1.1 Staff are currently processing a site plan application (SPA 2004-034) for the development of the Bowmanville Professional Building at 222 King Street East in Bowmanville (Attachment No. 1). The storm drainage servicing needs of this development requires the construction of a proposed storm sewer system which facilitates the drainage of the Bowmanville Professional Building Inc. lands, private lands (for future development) as well as the future Simpson Avenue and Church Street public road allowances. The proposed storm sewer system will be constructed in part, on the Bowmanville Professional Building Inc. lands, private lands and as well as on the easement within the future Simpson Avenue and Church Street public road allowances. The portion of the storm sewer system constructed on easement within the public road allowances will ultimately be assumed by the Municipality. In order to facilitate the servicing of this development and the ultimate assumption by the Municipality of the storm sewer services constructed on easement within the future Simpson Avenue and Church Street road allowances, a servicing agreement is required to be entered into between the Bowmanville Professional Building Inc. and the Municipality. This is a standard servicing agreement, which includes provisions relating to the construction and inspection of the services, maintenance periods, performance guarantees, etc. This servicing agreement has been used throughout the Municipality and is presently being prepared by engineering staff. 2.0 RECOMMENDATIONS It is recommended that Council approve the attached By-law (Attachment No. 2) authorizing the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and The Corporation of the Municipality of Clarington. Report#EGD-23-05 Page 3 Attachments Attachment 1 — Key Map Attachment 2 —Authorizing By-law for the execution of a Servicing Agreement List of Interested Parties: Bowmanville Professional Building Inc. Proposed System Subject to Servicing Agreement Easement • iiX rj • o ■ O ' ■ to CL 1 05 I .. BOWMANVILLE 111111 .1..mill a �.• � �qll � __I 'I�!;�! nn.l.YII�■1'.�IlPlllun lrrrnrl e 1 p / �p � unrnrn_ .,nmrinunnnul /�j ,� �• _� HIM i /h /,��111 i - 1 uunuuwlll- =nnnnrrq/J��` ��nnnnmmn_ • •� '/ Inn I uu1n.1 7mnn o � ° =1im po / moon lunuu�� . 1 — _ '?II Nr•• / I V � mrl • .�._—_ �rnlllllllllln4 �. i�.N•�: �� nuns rir c' nlllllllnnll" n'ci ' � . - 11 �� ��. =unnrnrnnrnr ?Snnnnnnnnn= > �. .• • dlllllllllllllll r' ?9 • �� A_ e mmm� („ y\C �IIIIIIIIII III _-mnnnr_ REPORT EGD-23-05 III\�_= ununnnu. � . G-111/ eo e_ nnrC p•� 3puwU i ATTACHMENT • ���f�� II111111r1:� ATTACHMENT NO.: 2 REPORT NO.: EGD-23-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005. Being a By-law to authorize the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and the Corporation of the Municipality of Clarington, pursuant to SPA 2004-034, NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, a Servicing Agreement between Bowmanville Professional Building Inc. and the said Corporation, pursuant to SPA 2004-034. 2. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Town, the said conveyance of lands required pursuant to the aforesaid Agreement. BY-LAW read a first and second time this 27"day of June, 2005. BY-LAW read a third and finally passed this 27"day of June, 2005. John Mutton, Mayor Patti Barrie, Clerk Report ill C lam n Leadin the Way y REPORT OPERATIONS DEPARTMENT Meeting: COUNCIL Date: June 27, 2005 Report #: OPD-011-05 File #: By-Law #: Subject: ST. GEORGE'S CEMETERY, NEWCASTLE Recommendations: It is respectfully recommended Council approve the following recommendations: 1. THAT Report OPD-011-05 be received; and 2. THAT subject to the approval of the Ministry of Consumer and Business Services, the Municipality acquire title in fee simple and to assume all responsibilities related thereto the St. George's Cemetery located at 2 Browview Road, Clarke; and 3. THAT the acquisition of the Cemetery and easements by the Municipality be subject to the Municipality being able to comply with all requirements of the Cemeteries Act; and 4. THAT a reference plan of survey satisfactory to the Municipality describing the areas of the Cemetery and any easements be prepared at no cost to the Municipality; and 5. THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendations; and 6. THAT the Municipality provides maintenance assistance to the Cemetery until the transfer is approved and complete. Submitted by: Reviewed byk-�`Az__C_J2�5 orvath Franklin Wu, B.A., D.M.R., R.R.F.A. Chief Administrative Officer Director o Operations REPORT NO. OPD-011-05 PAGE 2 BACKGROUND AND COMMENT: The Municipality has received a written request to take over ownership of St. George's Anglican Church Cemetery on Highway 2 in Newcastle. (Attachment #1). The Cemetery is approximately 1.75 acres located at part lot 34, 2nd Concession of Clarke Township, and was established in 1875. (Attachment #2) The cemetery is now operated by volunteers, and they are experiencing difficulty in its overall regular maintenance. The cemetery is non denominational and has an average of five interments a year. PROCESS: Pursuant to the Province of Ontario's Cemeteries Act, a completed licence application, all financial statements from all trust funds and the application fees will have to be submitted to the Ministry of Consumer and Business Services thirty days prior to the proposed transfer. Once the approval is given, the Municipality will amend Bylaw #2005-067 being a bylaw for the maintenance, management, regulation and control of cemeteries in the Municipality of Clarington to include St. George's Cemetery. TRANSITION: Until the approval is complete, St. George's Cemetery will continue to set grave markers and memorials, opening and closing of graves and the disinterment or removal of human remains. The Municipality will assist with the cutting of grass and general care of lots. This is estimated at $5,000, which will be charged against the grass cutting contract account. Approval from the Ministry of Consumer and Business Services is expected to take approximately eight weeks. I :GPA REPORTS 2006,OPD-011-05-ST.GEORGES CEMETERY.doc REPORT NO. OPD-011-05 PAGE 3 ST. GEORGE'S ANGLICAN CHURCH: This report has been reviewed by the representatives of the Church and are in agreement with all the recommendations. They have requested that the fees (Attachment #3) that they have set remain for the duration of this calendar year. Once the Cemetery Act is amended to include this Cemetery, the rates will be consistent with the Bowmanville and Bondhead Cemeteries. Attachments: Attachment #1 - Request to Transfer Attachment #2 - Map Attachment #3 - St. George's Cemetery Board Rate Schedule CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F (905)263-4433 1AGPA REPORTS 2005�,OPD-011-05-ST. GEORGES CEMETERY.doc ATTACHMENT NO.: 1 REPORT NO.: OPD-011-05 St. George's Anglican Church 250 Mill Street South Newcastle, Ontario UB 105 Municipality of Clarington Fred Horvath Director of Operations April 28,2005 Dear Sir: Please consider this as a formal request from the Wardens and congregation of St. George's Anglican Church,Newcastle,to transfer the cemetery located Lot 34, Concession 2 to the town of Clarington,effective as soon as possible. Please note that we request that burial rates be maintained at the current level for the remainder of 2005. This is necessary to provide current members of the congregation an opportunity to finalize their intentions. Please do not hesitate to contact us if you have any questions or concerns. Mark Hendrikx Elgin eard Lot 35 Lot 34 Lot 33 Lot 32 599 7051 0 N m 561 n c n n nnn nn nn�n rni n n s n 21 11 ^ n n n R I n 1 o 91 n 471 51 441 1 ATTACHMENT NO.: 2 4113 REPORT NO.: OPD-011-05 795 755 7]5 753 ? 777 � e New :N i Village `o (13 and 17) W I n n n m _ q 5 BRJYYIEW yyp ' a 14 30 TOW�Eq 4 44 }n, b MbnvaY] m n n l9aA 1]A VILL. CLARKE [DAARL$ 14 13117 1 ATTACHMENT NO.: 3 oeorae's Cemetu REPORT NO.: OPD-011. a St, George's AnglicAn Church - Newcastley Ontario 5a1e oi' ie Single lot 3.x,�, Cremation lest 2.x2. $ 500-00 175.00 t+arme t s.. Adult b. Cremation 300.00 1ob.02 D dl m. 37$ t C rimes a. Disinterment including reburial at another location in same cemetery b. Disinterment including 700.00 the same location lowering remains at a. Disinterment for reburial at a 45o..2o another cemetery k�O.AO d. Disinterment for reburial At another location in the same cemetery or different cemetery - cremation. 180.00 Ext Car .s A. Extra Deep Interment - Additional Charge b. E�ttra Deep Disinterment - Additional char 100.00 c. Setts charge 120.00 Setting cornerstones {nex lot/plot) 25.00 No surchargs i.s made for servi3es rendered on a weekend, or publ.io holiday. No Winter burials. No vaatt required. Other services plantirrssgg of trees. repairs to foundations etc. - overheala plus labour at hourly rate plus i� overhead charge. rfi.�..n of C WWW zm n V41wwxw+A1 nF W !i ad gEt[+4 �7 t ASE NOTE Oniaft f ftw—~ n P+ a Hai may cpntest Ar3cea+ a wtery Ca9 F+y is8 w'lach are rM z�fD be Sod wnh �n ecca��w�w� Uro cnrxsvrn�n� a�wr ha:[ ratan AM It* &a/ �v t cu '. A ' ! p ' u+ i Report #8 ciao -11 n eaden the Wa g y REPORT OPERATIONS DEPARTMENT Meeting: COUNCIL Date: June 27th, 2005 Report #: OPD-013-05 File #: By-Law #: Subject: ADDENDUM TO CEMETERY BY-LAW #2005-067 Recommendations: It is respectfully recommended Council approve the following recommendations: 1. THAT Report OPD-013 -05 be received; 2. THAT the addendum to the original rates and fees as outlined on Schedule "A" of the by-law attached (Attachment No. 1) be approved; and 3. THAT the by-law amendment be forwarded to the Ministry of Consumer and Business Services for approval. 1 Submitted by: Reviewed w th Franklin Wu, B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations REPORT NO. OPD-013-05 PAGE 2 BACKGROUND AND COMMENT By-law 2005-067 passed by the Council of the Municipality of Clarington on April,. 18, 2005 to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality was forwarded to the Ministry of Consumer and Business Services, Cemeteries Regulation Branch for their approval. Upon review of the Schedule "A" tariff of rates the Ministry requires the following changes: 1) Perpetual Care column added in Section 2 of schedule "A" tariff of rates to include $120 for single $180 for Double 2) Perpetual Care in Section 8 of the Schedule "A" tariff of rates to include • Headstone Maintenance $100 • Footstone Maintenance $50 • And the deletion of charge for Plots on which perpetual care charges have not been paid. Attachments: Attachment#1 - By-law Attachment #2 - Schedule "A", Tariff of Rates CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)263-2292 F (905)263-4433 IAGPA REPORTS 2005\OPD-013-05:ADDENDUM TO CEMETERY BYLAW Am ATTACHMENT NO.: 1 REPORT NO.: OPD-013-05 THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2005- Being a by-law to amendment By-law 2005-067,a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington WHEREAS the Council of the Municipality of Clarington passed By-law 2005-067 on April 18,2005 to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality; AND WHEREAS the Ministry of Consumer and Business Services has advised of amendments required to the tariff of rates included in By-law 2005-067: NOW THEREFORE the Council of the Municipality of Clarington enacts as follows: 1. THAT By-law 2005-067 is hereby amended by deleting Schedule"A"and substituting Schedule"A"attached hereto. 2. THAT the by-law shall take effect on the date of approval by the Ministry of Consumer and Business Services. By-law read a first and second time this 27°i day of June 2005. By-law read a third time and finally passed this 27"'day of June 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO.: 2 REPORT NO.: OPD-013-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE°A"TO BY-LAW 2005- CEMETERIES -TARIFF OF RATES EFFECTIVE JANUARY 1,2005 1. SALE OF PLOTS - Type of Lot Dimension Dimension 40% Rate 7%GST Total Bowmanville Bondhead Perpetual Care Rate Single 3'X 9' 3'X 9' 400.00 1000.00 70.00 1070.00 Bab land 1.5'X 3' 1.5'X 3' 140.00 350.00 24.50 374.50 Cremation 2'X 2' 2'X 2' 140.00 350.00 24.50 374.50 2. SALE OF CREMATION NICHES Columbarium Niche Size 15% Rate 7%GST Total Perpetual Care Rate Single (including 12"X 12°X 120.00 800.00 56.00 856.00 Plague) 12° Double (including 12°X 12"X 180.00 1200.00 84.00 1284.00 Plaque) 12" 3. INTERMENT Rate 7%GST Total Adult-Single Depth 550.00 38.50 588.50 Adult-Double Depth 690.00 48.30 738.30 Infant/Child 200.00 14.00 214.00 Cremation 200.00 14.00 214.00 Niche Wall 100.00 7.00 107.00 4. DISINTERMENT CHARGES Rate 7%GST Total Disinterment(adult)including reburial at 911.21 63.79 975.00 the same location or at another location in the same cemetery Disinterment(adult)for burial at another 771.03 53.97 825.00 cemetery Disinterment(child)including burial at 572.90 40.10 613.00 another location in the same cemetery Disinterment(child)including reburial at 514.02 35.98 550.00 same grave or different cemetery Disinterment(infant!cremation)including 247.66 1 1 17.34 265.00 reburial at another location in the same cemetery -Disinterment(infant!cremation)including 169.16 11.84 181.00 reburial at same grave or different cemetery 5. HOLIDAY AND OTHER SURCHARGES Rate 7%GST Total Interment on Saturday,Sunday and 281.31 19.69 301.00 Statutory Holidays fee is additional Disinterment for double depth burial(fee is 181.31 12.69 194.00 additional Rental for lowering Device,set up and 68.22 4.78 73.00 dressing Provincial License Fee(except fa 10.00 .70 10.70 cremation Cremation Interment on Saturday,Sunday 100.00 7.00 107.00 and Statutory Holidan ffee is additional 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 7%GST Total Monument foundation flat fee 234.58 16.42 251.00 Flat Marker Foundations flat fee 142.06 9.94 152.00 Cremation/Baby Markers flat fee 59.81 4.19 64.00 Removal of Monuments 44.86 3.14 48.00 7. TRANSFER Fee 15.89 1.11 1 17.00 B. PERPETUAL CARE Rate 7%GST Total Headstone Maintenance 100.00 7.00 107.00 Footstone Maintenance 50.00 3.50 1 3.50 1 Report #9 Clarington ceod,n8�>,e Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday June 27, 2005 Report #: PSD-094-05 File #: PLN 20.5 By-law#: Subject: AMENDMENT TO BY-LAW APPLICATION FEES PLANNING AND DEVELOPMENT APPLICATIONS RECOMMENDATIONS, It is respectfully recommended to Council the following: 1. THAT Report PSD-094-05 be received; 2. THAT the attached amendment to By-law 2003-185, being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington Planning Services Department, be APPROVED as amended. Submitted bkirctor / ✓ Reviewed by:� r e, M.C. P.P. Franklin Wu, lanning S rvices Chief Administrative Officer CS'DJC"sn"df June 21, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD- 094-05 PAGE 2 1.0 BACKGROUND 1.1 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee structure for development applications to offset the "anticipated cost" to the Municipality for processing the applications. The fees collected never fully recover the cost of processing applications when direct and indirect costs are considered, including the cost of overhead, pre-consultation meetings and circulation of revised submissions. At the start of each term of Council, the Planning Services Department reviews the fees and sets the rates for the three year term of Council. Report PSD-144-03 was considered on December 8, 2003 and Council adopted fees intended to apply until December 31, 2006. Periodically, staff surveys other municipalities in the Region of Durham to ensure that our fees are competitive. Since the last by-law was passed, a number of municipalities have raised their fees. 1.2 Given that the fees were set eighteen months ago, a full-scale review and evaluation of fees is not required. Instead, there are a few areas where fees are proposed to be amended for Site Plan Approval for commercial developments, Part Lot Control, Plans of Subdivision or Plans of Condominium and the preparation of Neighbourhood Design Plans. New fees are recommended for Minor Site Plan Approvals, Site Plan for Sales Trailers and Model Home Offices. 2.0 REVISIONS TO FEES 2.1 Amendments to Site Plan Approval In the current by-law, an application for an amendment to Site Plan Approval is $600.00 plus $10.00 per unit (for residential) and $10 per 100m2 ( for non-residential) to a maximum of $4,400.00. An amendment to an existing site plan may require almost as much require work as consideration of a new site plan. The refurbishment of a service station is one such example. A comparison of other Durham lakeshore municipalities is shown below. can=M i. s Major Major Residential Expansion less than Residential $600=$10 $625.00 $2,000+ $25 per unit 50% of Floor Area: $500 + $20 per unit, per unit, Minor to a maximum of$4,000 $450 maximum of$5,000 maximum of $250.00 Major Non-Residential Expansion greater Non-Residential $4,400 $2,000 + $10 per 100 m2 than 50% of Floor $800+ $10 per 100 to a maximum of$4,000 Area: m2, maximum of MinorAmendment $900 $5,000 $750 Staff recommends that the base fee for commercial site plan amendment applications be increased to $1,000.00. Residential, industrial and institutional site plans would remain the same. REPORT NO.: PSD- 094-05 PAGE 3 2.2 Part Lot Control In staffs review of the current fee for an application for Part Lot Control, it became apparent that the Municipality's fee is considerably out-of-line with the majority of the other municipalities in Durham Region, as shown below. ,• !shawa Clarington $445.20 $500.+ $25 per unit $175 per $500+ $20 per unit $500 to a maximum of$2,500 unit maximum of$2,000 + cost Der reference olan of re isterin B -law It is recommended that Clarington adopt a fee of $500.00 plus $25.00 per unit to a maximum of$2,500.00 2.3 Plan of Subdivision Plans of Subdivision are extremely time consuming involving many Departments in the Municipality. The fee structure across municipalities in Durham varies widely, as shown below. • M Clafington $1,500+ $5000 + $50 $25.25 per $5000 base fee plus the following: Residential: $25 $50 per unit per single, unit, minimum Residential: $25 per unit for singles, per unit, to a semi, duplex, $4,200 semis and townhouse units; $15 for minimum$5,000 maximum of townhouse unit apartments and max. of $5,000 and$25 per $10,000 apartment unit Commercial, Office or institutional: . (No maximum) $250 for first 0.2 he + $250 for each Non-Residential: additional 0.4 he $5,000 Non residential: Industrial and Other: $250 for first $5,000 0.4 he + $250 for each additional 1.0 he It is proposed to alter the fee by prescribing a base fee of $5,000, change the fee per unit to $50 per single, semi, duplex and townhouse unit and to increase the upset limit to $15,000. No fee would be charged for apartment, commercial or institutional blocks. 2.4 Neighbourhood Design Plans The Clarington Official Plan states that prior to the consideration and approval of a Plan of Subdivision, the Municipality shall generally require the preparation of a Neighbourhood Design Plan. The plan shall be prepared by the development proponent and shall be undertaken in consultation with all landowners within the vicinity. The current fee for an application for a Neighbourhood Design Plan is $1,050.00 Notwithstanding that the plan is to be prepared by the proponent, there is a considerable amount of time preparing the Terms of Reference for the plan, reviewing material, and attending and participating in stakeholder meetings and public information centres and resolving issues with all the stakeholders. It is recommended that Clarington adopt a fee of$10,000.00 for Neighbourhood Design Plans. REPORT NO.: PSD- 094-05 PAGE 4 3.0 NEW FEES 3.1 Minor Site Plan The fees for some planning processes are more sensitive to the customer's ability to pay. It is better to have local resident's comply with development regulations than to discourage this due to high fees. Reduced fees are one way of encouraging compliance, even if the Municipality does not achieve full cost recovery. A minor site plan is one such example. The minor site plan fee would be utilized for situations such as conversion of existing homes into retail or office uses, minor changes to site plans (e.g. changes to parking area, addition of patios, revisions to signage), dog kennels, permanent agricultural sales buildings and all applications within the Oak Ridges Moraine in compliance with the new site plan by-law referenced in PSD-074-05. It is recommended that a fee of$500.00 be used. 3.2 Site Plan for a Sales Trailer and/or Model Home At the present time, the Municipality charges $700 for site plan approval for the sales trailer but considers model home approvals in the context of the subdivision agreement. Municipalities have a widely varying practice as shown below. Model Home $ 1,159.70 $ 1,000.00 $ 600.00 No fee No fee Sales Trailer No fee $ 1,000.00 $ 600.00 No fee $ 700.00 It is recommended that a revised fee of $1,000 be established for site plan approval for sales offices located on or off the site of a draft approved plan of subdivision. In addition, staff recommend that where model homes are located on the site of draft approved Plans of Subdivision, a fee of $1,000.00 be collected. Model homes are permitted, yet provisions such as parking, grading, signage and adequate access for fire equipment must be reviewed. 3.3 Site Plan Approval — Refreshment Vehicles It is recommended that no fee be charged for site plan approval of refreshment vehicles sites and that the licensing fee be considered sufficient for Planning Services fees. 3.4 Peer Review From time to time, the Municipality may need to undertake peer reviews of certain reports prepared by developer's consultants including hydrogeological, traffic, servicing reports or urban design review. In some instances, it may be due to lack of time for staff to undertake the full review and in other instances it may be that outside expertise is required. Only under certain circumstances is it recommended that the schedule be amended to require the proponent to pay 100% of the cost for the Municipality to retain a peer review consultant. REPORT NO.: PSD- 094-05 PAGE 5 4.0 CONCLUSIONS 4.1 It is respectfully recommended that By-law 2003-185 as amended, be further amended as contained in the By-law amendment attached hereto, being Attachment 1. Attachments: Attachment 1 - Fee Schedule Amendment Attachment 2 - By-law Schedule"C"to By-law_ ATTACHMENT 1 Schedule C FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES PLANNING SERVICES FEES Official Plan Amendment: Official Plan Amendment—Minor Application $3,500.00 Official Plan Amendment—Major Application' $5,000.00 Adoption of Official Plan Amendment $1,350.00 Regional Official Plan Amendment $1,200.00 Neighbourhood Design Plan Review $10,000.00 Rezoning Amendment $1,700.00 Removal of Holding (H) Symbol $475.00 Draft Plan of Subdivision—Residential $5,000 base fee $50 per unit for single-detached, semi- detached,duplex and townhouse up to a maximum of$15,000.00 Draft Plan of Subdivision—Non Residential $5,000.00 Draft Plan of Condominium $1,500.00 Draft Plan of Subdivision — fee for clearing and releasing any phase of a Plan of Subdivision or a $1,500.00 Plan of Condominium delegated to the Municipality of Clarington Draft Plan of Subdivision — redline revisions $3,000.00 and/or amendments to draft approval (applicant initiated) Extension of Draft Plan Approval $1,000.00 Part Lot Control By-law $500.00 plus$25.00 per unit to a maximum of $2500.00 Preparation of Subdivision Agreement $1,200.00 plus legal fees Preparation of Amendment to Subdivision $600.00 Agreement plus legal fees Site Plan Approval— Residential $900.00 plus$25.00 per unit to a maximum of $5000.00 Site Plan Approval—Commercial $3000.00 plus $10.00 per 100m to a maximum of $9,000.00 Site Plan Approval—Other Non Residential $900.00 plus$10.00 per 100m2 to a maximum of $5,000.00 Site Plan Approval— Minor Site Plan or Minor Site $500.00 Plan Amendment'' Site Plan Approval-Plans for Approval Only $900.00 Site Plan Approval—Sales Trailer $1000.00 Site Plan Approval—Model Home(s) $1000.00 Site Plan Approval—Refreshment Vehicle Included in licensing fee Site Plan Amendment—Residential $600.00 plus $10.00 per unit to a maximum of $3,000.00 Site Plan Amendment—Commercial $1000.00 lus $10.00 er 100mZ PLANNING SERVICES FEES to a maximum of $4,400.00 Site Plan Amendment—Other Non-Residential $600.00 plus$10.00 per unit or 100m2 to a maximum of $4,4000.00 Preparation of Site Plan Agreement Staff time included in above fees plus legal fees Minor Variance Application $425.00 Minor Variance Ta¢Iing Fee $75.00 (applicant initiated) Minor Variance Re-circulation Fee $80.00 (applicant initiated) Subdivision Clearance Letter $105.00 Zoning Clearance Letter $105.00 Miscellaneous Clearance Letter(including $105.00 outstanding work orders, building compliance) Application requiring Additional Public Meeting $550.00 (additional fee for each subsequent public meeting) Application requiring Additional Public Meeting $750.00 (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Land Division Committee Development Agreement $325.00 plus legal fees Land Division Committee Clearance Letter $90.00 Application involving review under $10,000.00 EPA andjor EAA process (additional fee) Peer Review 100 % of the Municipality's costs of retaining a consultant Street Name Change Request $1,500.00 Publications: Maps —small $3.00 -mid-sized $7.00 —large $12.00 Official Plan Colour Maps (each $3.00 Clarington Official Plan $75.00 Clarington Zoning By-law $75.00 Clarington Street name Index $45.00 Studies -under 40 pages $10.00 -40 to 100 pages $20.00 100 to 200 pages $35.00 over 200 pages $50.00 CDs $15.00 'The following are criteria for determining what constitutes a major Official Plan application: • New aggregate extraction areas or expansion to existing aggregate extraction areas; • New golf courses or expansion to existing golf courses; • New waste facility or expansion to existing waste facility; • Expansion to urban boundary or re-designation of Future Urban Residential lands; • Hamlet expansion where a settlement capacity study is required; • Commercial Development greater than 2,500 m2; • Deletion or addition of arterial or collector road; • Any application that due to the broader policy implications for the Municipality that would require the need to review or manage studies, or any application deemed to be major by the Director of Planning Services. The following are criteria for determining what constitutes a Minor Site Plan application: • A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109 • A dog kennel, agricultural tourism use, and similarly-scaled uses • A minor alteration to an existing site plan to revise parking,adding a patio, add a storage building revise signage,addition or deletion of portables, etc. ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount.of such fees and to amend By-law 2003-185,as amended WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P13, provides that by- laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it necessary to amend By-law 2003-185, as amended to prescribe a Fee Schedule to meet the anticipated cost to the Municipality in respect of the processing of each type of application provided for in the Schedule of Fees; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Schedule "B-3° to By-law 2003-185, as amended, is hereby further amended by deleting said Schedule"B-3°and replacing it with Schedule"C". 2. THAT the fee schedules attached hereto and forming part of this by-law shall apply for the specified documents, services, applications and inspections. 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 Report #10 Clarin n Le��ng the way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: COUNCIL Date: Monday June 27, 2005 Report #: PSD-096-05 File #: ZBA 2005-021 By-law #: Subject: COMMERCIAL POLICY REVIEW: GENERAL AMENDMENT TO ZONING BY-LAW 84-63 AND THE REZONING OF CERTAIN LANDS IN THE BOWMANVILLE WEST TOWN CENTRE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT the proposed zoning by-law amendment contained in Attachment 2 be referred back to staff for further consideration and review in light of the submissions made; and 2. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies that requested notification of this decision. Submitted by Reviewed by: vid J. Cr me, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer CP*DJC*SN*DF June 23, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-083 REPORT NO.: PSD-096-05 PAGE 2 1.0 INTRODUCTION 1.1 The Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review resulted in proposed Amendments 43 and 44 to the Clarington Official Plan. These amendments were considered by the General Purpose and Administration Committee on June 13, 2005 and referred back to staff. 1.2 The Commercial Policy Review was undertaken in part to consider several applications submitted by various landowners in the Bowmanville West Main Central Area to amend the Clarington Official Plan and Zoning By-law 84-63. These applications are detailed as follows. Halloway Holdings Halloway Holdings submitted an application on July 21, 2003 to amend the Official Plan and the Zoning By-law for a 6.92 hectare parcel on the north-east corner of Green Road and Highway 2. The proposal was to permit: • A 98,641 sq. ft. Home Depot store with an 18,648 sq. ft. garden centre at the north- west corner of Uptown Avenue and Clarington Boulevard • 59,880 sq. ft. of additional large format commercial floorspace; and, • Three retail pads along Highway 2 totaling 19,348 sq. ft. A site plan application was received on May 17, 2005, which has been circulated to relevant agencies for comment. Home Depot is proposed to own and occupy most of the eastern half of the property. West Diamond/Players West Diamond Developments Inc. and Players Business Park Limited (West Diamond/Players) submitted their initial applications on February 1, 2002 for the lands on the north west corner of Highway No. 2 and Green Road. On February 10, 2003, they submitted revised applications to amend the Official Plan and the Zoning By-law. The proposal is for: • A 111,135 sq. ft. Wal-Mart store, with a subsequent Phase 2 expansion to 151,135 sq. ft.; • A 142,641 sq ft. Real Canadian Superstore (Loblaws) with a subsequent Phase 2 expansion to 164,000 sq. ft.; 40,550 sq. ft. of smaller retail and service stores along the Highway 2 frontage; and, A Loblaws brand gas station with a convenience store and car wash at the north- west corner of Highway 2 and Green Road. Loblaws — Clarington Centre Loblaws owns a 2.44 hectare parcel within Clarington Centre, south east corner of Highway No. 2 and Green Road, which contains a 50,000 sq. ft. supermarket. They currently have two sets of opposing applications before the Municipality as follows: REPORT NO.: PSD-096-05 PAGE 3 • An application to amend the Clarington Official Plan (COPA 2000-003) as well as rezoning (ZBA 2000-020) and site plan (SPA 2000-017) applications to permit a proposed 37,700 sq. ft. expansion of the existing supermarket; and, • A rezoning application (ZBA 2003-043) to delete the zoning regulation for the Clarington Centre, requiring a food store to operate within Clarington Centre on lands zoned "C1-14A". 1.3 The Official Plan Amendment and Rezoning applications identified above have been appealed to the Ontario Municipal Board. The purpose of this report is to submit proposed zoning amendments which would implement the policies of Proposed Official Plan Amendments 43 and 44. The proposed zoning amendments do not include all of the lands in the Bowmanville West Town Centre but focus on five sites in particular: • The West Diamond/Players commercial site referred to above • The Halloway Holdings site referred to above • The Clarington Centre/ Loblaws site referred to above • The Canadian Tire Store site • The office block on the south-west corner of Highway 2 and Regional Road 57 The five sites are identified on the key map (Attachment 1). 2.0 PROPOSED ZONING AMENDMENT 2.1 Attachment 2 contains the proposed zoning by-law amendment. Although it is one by- law, it has different components to it which are described below: 2.2 General Amendment The first part of the amendment contains definitions and general provisions that apply not only to lands in west Bowmanville, but to lands throughout the Municipality. The definitions being added to Section 2 assist in the implementation of the regulations proposed for Section 3. The proposed amendment to Section 3, General Provisions of By-law 84-63 adds new regulations as follows: a. a reduction in the length of a parking space size adjacent to a landscape strip; b. a provision for the size and number of parking spaces required for physically disabled individuals as a component of the total parking on site; and c. a requirement for bicycle parking to be provided with new commercial developments. 2.2 Large Format Retail Commercial Zone In order to implement the provisions of the General Commercial designation contained in Official Plan Amendment (OPA) 44, a new "Larger Format Commercial (C8) Zone" was created. The existing "Highway Commercial (C8) Zone" and all its provisions, which was added specifically as a result of applications for the lands at the northwest REPORT NO.: PSD-096-05 PAGE 4 corner of Highway No 2 and Green Road, is being deleted in its entirety and replaced with a new "Larger Format Retail Commercial (C8) Zone. The new C8 zone provisions contain definitions specific to the new zone, including terms identifying large and small retail format stores. Regulations for permitted uses, building sizes, building location relative to a public or private street, and building articulation and fenestration (glazing). Provisions are also provided dealing with screening of loading areas, parking, and landscaping. Drive-through uses are permitted in this zone subject to regulations detailing the stacking requirements and location of the stacking lane. Exception zones have been proposed for the West Diamond/Players property and the Halloway Holdings site. The exception zones, generally require all of the parent zone provisions to be satisfied, and in addition, consistent with OPA 44, the exception zones detail the maximum amount of total floor area permitted on the portion of the West Diamond/Players site and Halloway Holdings site zoned C8. 2.3 Street-Related Retail Commercial Zone A new "Street-Related Commercial (C9) zone" has been created to implement the 'Street Related Commercial' designation and urban design policies of OPA 44. This new zone limits the total floor area of an individual store to 800 square metres or less. Similar to the C8 zone provisions, definitions specific to the new zone are included. Regulations for permitted uses, building height,building location relative to a public or private street, and building articulation and fenestration. In addition, this zone provides provisions for the location of the business entrance of an individual store. Provisions dealing with screening of loading areas, parking, and landscaping are also permitted. Similar to the C8 zone, specific C9 Exception zones containing maximum total floor area permissions are proposed for the portions of the West Diamond/Players property, the Halloway Holdings property, the Canadian Tire property, and the Clarington Centre lands designated 'Street-Related Commercial'. The C9 exception zones includes a specific public use zoned property on the West Diamond/Players property on 0.5 ha of land at the corner of Boswell and Highway No. 2 2.4 Clarington Centre The majority of the Clarington Centre lands are designated 'General Commercial'. However, the C8 zone provisions were not applied to this site. Rather the existing zoning for Clarington Centre (C1-14A and C1-146) was amended to delete the provisions that apply to the lands designated Street-Related Commercial as noted above. The majority of the zone provisions were retained and the zoning was renamed C1-14. The requirement for a Supermarket has not been deleted from the provisions of the zone at this time. Staff will review this aspect further prior to finalizing the proposed zoning by-law amendment. REPORT NO.: PSD-096-05 PAGE 5 2.5 South-west corner of Regional Road 57 and Highway No. 2 The lands at the south-west corner of Regional Road 57 and Highway No. 2 are designated Office Commercial. Much of the site is zoned "Agricultural (A)" however a "Neighbourhood Commercial Exception (C2-4)" zone was placed on this property in 1993 to allow a McDonald's restaurant to establish. It only occupies a small portion of the site. The attayhed by-law amendment does not include a zone category implementing the Office designation at this time. However it is proposed that the existing commercial zoning (C24), which occupies a small portion of the lands immediately on the corner is proposed to be zoned to similar to the balance of the lands in this area. 3.0 CONCLUSION 3.1 It is recommended that the proposed zoning by-law amendments be referred back to staff for further consideration in conjunction Official Plan Amendments 43 and 44. Attachments: Attachment 1 - Site Map Attachment 2 - Draft By-law List of interested parties to be advised of Council's decision: Henry Joseph Richard Lange Ari Yasa Leroy Clarke Ron Worboy Ted Watson B. Westerman Hannu Halminen, Halminen Homes Limited Beth Kelly, Valiant Property Mgmt. Jennifer Stone, This Week Newspapers Bob Hann, Valiant Property Mgmt. Brian O'Connor John Vanderkooi Richard.Marchant Eileen Costello, Aird & Berlis LLP David Butler, The Butler Group Inc. Gwen Wallace Peter Smith, Bousfields Inc. Lyn Townsend, Lynda Townsend-Renaud Bryce Jordan. G.M. Sernas Associates Law Carmela Cupelli Brent Clarkson, MHBC Planning Limited Scott Houghton Heather Muir Nancy Lewis Carol Duffy Maryann Fines Bruce Curl E.C. Braham Jim and Suzanne Gregory Sue Sedlak Stan Stein, Osler Hoskin & Harcourt N. Gummon Todd Gibbon Otto Provenzano Bill Humber S. Fraser Linda Moore Bill Hinbert Ron Hooper Doug Finnson and Terri Bickwell-Potts George Kloos Duncan McPherson REPORT NO.: PSD-096-05 PAGE 6 Trevor Small Carmine Cupelli Ellen Cowan George Ibanez Peter Vogel Lawrence Hellinga Ray and Joyce Atkinson R. Tukker Margaret Zwart A. Sorg Ira Kagan, Kagan, Shastri, Barristers& Bryan MacLean Sol. Linda Hallett and George loanidis Brian Fraser Doug Woods Mark Rowe Frank W. Lockhart Rudi Van Wijngaarden J. Sproatt Paul & Anne-Marie Halliday Mike Dome John Huber Celeste Terry, Durham Regional Planning James Scarth Gail Rickard John and Lilian Bouma James Vinson B. Haines Ian Smith Lilly T. Hinton Anthony Turnbull Mary-Ann Kalotai Evelyn Rosario Diane James Suzanne McCrimmon, Clarington Board of Trade Costantine Bruno Jim Russell Richard Rekker John Shewchuk, Royal LePage Frank Real Estate Alan Vaillancourt Paul Wilson Mavis Carlton Philip Brent Rick Hofstede Peter Walker, Walker Nott Dragecivic Associates The Greater Toronto Transit Limited Robert DeGasperis, Metrus Properties Inc. Steve Zakem, Aird & Berlis LLP Yolanda Gjaltema Scott Arbuckle, Planning & Engineering Initiatives John & Lillian Bouma Ltd. Marvin Green, River Oaks Group David Crowell, A & P Properties Limited Kathy Pandell. Geoffrey L. Moore & Terry and Phyllis Price Associates Ltd. Roslyn Houser, Goodmans LLP Marianne Zwyers Rick Gay, Gay Company Limited Lakeshore Group I ��. : .� �n nnlmllnmm =_ _E►� � �����'� \1111111 IIIIIillllllllllllll IIII II: �� X11\\_ \\\\illlllllllllllln�llil�� =11■III ��`�Ip�lllllllllfill111111111i11 :11 ��� ��jllllllll all_ _ 11 co CL cc �,�pQllllllllllll 'I IN ■,■, jilllllll.: � llllllll . � _ . . �■■■ 'ailimilll►�i��l�����m� 111 • �a���■■eeeleee■■�e (5 CID gill ■ I = `■r"o ' `� \lllllllllllll[I111 ' X11111111 .111111: tlllllll►\��_ �■ ■.e ���� . ,,►1111 \ ��� IIIIIIIIIIIIIII■�— — ■■ BIMINI�,,, IN �``\ /. ���/�IIIIIIIIIIIIIIIIIIIIIID = �IIIIIIIIIIIID\\\\ p�`���i '�„` � �— 111111111111111111�_��/111\��� �I//llllllllllllllllllllllll\\� 0 ATTACHMENT 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2b05- being a By-law to amend By-law 84-63, respecting certain of its provisions including provisions applicable to certain lands in the Bowmanville West Town Centre WHEREAS the Council of the Corporation of the Municipality of Clarington deems it expedient to amend By-law 84-63, as amended, to implement certain recommendations of the Commercial Policy Review and the West Bowmanville Main Central Area Secondary Plan Review; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. By-law 84-63, as amended, is further amended as follows: a) By adding to Section 2, thereof, the following new definitions in alphabetical order as follows: Ti) Bicycle Rack: shall mean a structure fixed to the ground or a building providing a location to park and secure a bicycle to. (ii) Landscaping Strip: shall mean an area of land used for any one or more of the planting of shrubs, flowers, grass or other horticultural elements, such as decorative stonework,fencing, or screening. (iii) Accessible Parking Space: shall mean a parking space that is designed and identified to be uses by persons with a disability. (iv) Residential Zone: shall mean an Urban Residential Type One (R1) Zone, Urban Residential Type Two (R2) Zone, Urban Residential Type Three (R3) Zone, and an Urban Residential Type Four(R4) Zone and the term includes Special Exceptions to any of these zones provided in the aforesaid By-law 84-63." b) By adding a new clause (ii)to Section 3.16 a)as follows: iii) Each parking space for a person with a disability shall be a minimum 4.5 metres wide and 5.7 metres long, unless two or more parking spaces for a person with a disability are located abutting each other, in which case each space shall be a minimum 3.4 metres wide and 5.7 metres long. And renumbering the clauses of Section 3.16 a)accordingly" c) By adding at the end of Section 3.16 a) the following new table: Number of Parking Spaces Required By Parking Spaces for Physically }, Parkin S ade Re uirementTable 3A6 a Disabled 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 - 7 301 to 400 8 401 to 500 9 501 to 1000 2% of total 21 spaces plus 1 space for every Greater than 1000 additional 100 spaces or part thereof over 1000 parking spaces Nursing homes, retirement homes, hospitals, medical and dental clinic shall provide twice the number of parking spaces for the physically disabled as shown in the column above. d) By adding a new clause (iii)to Section 3.16 a)as follows: 'ii Parking space size perpendicular to a landscaping strip may be reduced in size to 5.2 metres in length by 2.75 metres in width. And renumbering the clauses of Section 3.16 a) accordingly, and all references to Sections of the By-law following 3.16 a)shall be adjusted accordingly." e) By adding a new clause (vi)to the end of Section 3.16 a) as follows: Vi A bicycle rack shall be erected on the lot of all new commercial developments" f) By repealing the text of Sections 16.5.14 and replacing it with the following new text: "16.5.14 GENERAL COMMERCIAL EXCEPTION (C1-14) ZONE Notwithstanding Sections 3.13, 3.16, 16.1 and 16.3 of By-law 84-63, those lands zoned CI-14 as shown on the Schedules to this By-law shall only be used and any buildings or structures thereon shall only be constructed and used in accordance with this By-law and the following definitions and zone regulations: a) For the purpose of this Section,the term: (1) Business establishment: shall mean a building,which contains any one or more of the permitted uses on lands zoned (C1-14). (ii) Business establishment fagade: shall mean the portion of the exterior wall located between finished grade and the level which is 3 metres above finished grade of a business establishment which wall faces a public street or a public street shown on Schedule to this By- law. (iii) Department store: shall mean a retaillcommercial establishment containing a minimum of 5,000 square metres of leasable total floor area organized into a number of individual departments and primarily engaged in the sale to the public of a wide variety of commodities, including clothing, hardware, home furnishings, and household appliances. Qv) Street-related entrance: shall mean one of the principal entrances to each business in a business establishment which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment facade which is at or within 0.2 metres above or below finished grade, provided that the street-related entrance shall be recessed from the business establishment facade a minimum of 1.0 metres. b) Permitted Residential Uses: No residential dwelling units are permitted to be constructed or used. c) Permitted Non-Residential Uses: A shopping centre containing a maximum of 16330 square metres of total floor area may be constructed or used for any one or more of the following purposes: (i) assembly hall; (ii) bakery shop; (iii) business, professional or administrative office; provided that such office shall be located in a second storey or greater of any building; (iv) day nursery; (v) department store; (vi) dry cleaners distribution centre; (vii) eating establishment with no vehicular drive-through service; (viii) eating establishment—take out; (ix) one financial office; (x) medical or dental clinic: provided that such clinic shall be located in a second storey or greater of any building; (xi) place of entertainment; (xi) printing or publishing establishment, (xiii) private club; (xiv) retaillcommercial establishment; (xv) service shop, personal; (xvi) supermarket; (xvii)notwithstanding clause(iii), and (x)above, up to 929 square metres of total floor area in the first storey of a building may be used for the purpose of a business, professional or administrative office, or medical or dental clinic; (xviii) convenience store;and, (xix)veterinary clinic. d) Regulations: (i) no building may be used on any one or more portions of the lands zoned (C1-14) for the purposes of one or more of the permitted non- residential uses listed in Section 16.5.14 of the By-law unless a department store, which contains at least 6500 square metres of total floor area. (ii) a maximum of 16330 square metres of total floor area may be constructed and used. (iii) location of building from the southerly limit of Highway No. 2 and easterly limit of Green Road (minimum) 3 metres (iv) location of building from the northerly limit of Prince William Boulevard (minimum) 5 metres (v) landscaped open space(minimum) 20 percent (vi) height of buildings(maximum) 4 storeys (vii) loading spaces(minimum) 5 (viii) notwithstanding clause (iv) above 90 metres of the southerly business establishment fagade may be constructed up to 1 metre from the northerly limit of Prince William Boulevard. (ix) all entrances used or intended to be used by the public to access each business in a business establishment shall be located in an exterior wall of the business establishment, and for greater clarity such access shall not be achieved through an enclosed pedestrian mall. (x) Parking space dimensions (minimum) 2.6 m width 5.5 m length° g) By repealing the title and text of Section 22A and by replacing it with a new title and text of Section 22A as follows: '22A. LARGER FORMAT COMMERCIAL(C8)ZONE 22A.1 Section 22A applies to lands zoned (C8) by this By-law. For the purpose of Section 22A,the term: (i) Business Establishment: shall mean a building, which contains any one or more of the permitted non-residential uses within the(C8)zone. (ii) Business Establishment Entrance: a) For stores with a total floor area greater than 2,500 m' shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 3.0 metres and shall be located in the part of the business establishment facade, which is at or within 0.2 metres above or below finished grade. b) For stores with a total floor area of 2500 m2 or less tharf 2,500 m2 shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres, shall be located in the part of the business establishment fagade, which is at or within 0.2 metres above or below finished grade, and shall be recessed from the exterior surface of the business establishment fagade a minimum of 1.0 metre and a maximum of 3.0 metres. (iii) Business Establishment Facade: shall mean the portion of the exterior wall of a building located between finished grade and the elevation which is 3 metres above finished grade of a business establishment which wall faces either a public street,a future public street or a future private street shown on the Schedule attached to this By-law. (iv) Drive-through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automated machine, to customers remaining in motor vehicles which are located in a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses. (v) Large Format Retail Store: shall mean a building or part of a building having a minimum total floor area of 2500 square metres and containing non-residential uses permitted by Section 22A.2. (vi) Small Format Retail Store: shall mean a building or part of a building having a minimum 1000 square metres and a maximum 2500 square metres of total floor area and containing non-residential uses permitted by Section 22A.2. (vii) Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. (viii) Street: shall mean any public street, future public street or future private street shown on a Schedule attached to this By-law. 22A.2 Permitted Uses a) Residential Uses: Not Permitted b) Non-Residential Uses : No person shall use any land or construct, alter or use any building or structure for any purpose other than a large format retail store or small format retail store containing one or more of the following non- residential uses: (i) assembly hall; (ii) beer, liquor, or wine outlet; (iii) business, professional, or administrative office on the second floor or higher of a building containing permitted non-residential uses; (iv) medical or dental clinic on the second floor or higher of a building containing permitted non-residential uses; (v) place of entertainment (vi) private club; (vii) retailkommercial establishment (viii) school, commercial; (ix) service shop, light; (x) service shop, personal; (xi) supermarket; (xii) tavern; and, (xiii)theatre. c) Notwithstanding the provision of Section 22A.2 b) prohibiting the construction and use of any buildings or structure for any purpose other than a large format retail store or a small format retail store, buildings containing a minimum of 250 square metres may be constructed and used on lands zoned (C3) for any of the following non-residential purposes: (i) eating establishment; and (ii) eating establishment with a drive-through facility. d) - For the purpose of clarity, no portion of large format retail store or small format retail store,or any land shall be used for the following purposes: (i) building supply; (ii) financial office; or (iii) outside storage area. 22A.3 Regulations for Non-Residential Uses a) Yard Requirements: (i) A building containing a large format retail store on a lot which abuts a public street or a future public street shown on a Schedule attached to this By-law shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 3 metres and a maximum of 6 metres; (ii) A building containing small format retail store, or a use permitted by Section 22A.2 c) which is located on a lot which abuts a public street or a future public street shown on a Schedule attached to this By-law shall have a yard between the facing wall of the building and the limit of the public street or future public street which has a yard width of a minimum of 1.5 metres and a maximum of 3.5 metres; (iii) A building located on a lot which abuts a future private street shown on a Schedule attached to this By-law shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 2 metres and maximum of 5 metres; (iv) A building located on a lot with a lot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; (v) A building located on a lot with one or more lot lines which are not described in 22A.3 a) (i) to (iii), inclusive, shall have a yard abutting each lot line with a minimum yard width of 10 metres. b) A minimum of 40% of the business establishment I which contains a business establishment entrance, shall be constructed of transparent glass which allows pedestrians to see display merchandise for sale within the building. c) A minimum of 10% of the business establishment I which does not contain a business establishment entrance, shall be constructed of transparent glass. d) Business establishment facades greater than 30 metres in length, measured horizontally, shall incorporate for at least 20% of every 30 metres of its length, measured horizontally,a combination of wall plane projections and recesses having a minimum depth of 1.0 metre, for the full height of the business establishment fagade. e) Where a business establishment fayade is greater than 30 metres in length measured horizontally, the building shall incorporate either an increase or decrease of 1.8 metres in the height of building, in relation to the height of building of the abutting portions of the business establishment fagade for each 30 metres of its horizontal length. f) A building with a total floor area in excess of 4,645 square metres which has a business establishment fagade containing a business establishment entrance shall incorporate as an architectural element of the building, a canopy with a minimum width of 2 metres and a minimum height of 2.5 metres constructed over the yard required by Section 22A.3 a) along 100% of the length of the business establishment fagade,measured horizontally. g) Where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building,the building must have either: (i) a solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof;or (ii) a solid parapet wall with a minimum height equal to the height of the highest of the rooftop mechanical heating, ventilation or air- conditioning stacks or vents which prevents them from being viewed from adjacent public streets and buildings. h) A business establishment entrance shall be located in the business establishment fagade. i) A required loading space shall be screened from adjacent public streets, future public streets and future private street shown on a Schedule attached to this By-law, by a wall constructed of the same materials as the business establishment fagade and having a minimum height of 5 metres and a minimum length of 9.0 metres. j) Landscaped Open Space(minimum) 10 percent k) The portion of the lot which satisfies the yard required by Section 22A.3 a) (i) and (ii) shall not be used for parking spaces or drive aisles for motor vehicles. 1) All parking areas shall be separated from abutting public streets,future public streets and future private streets shown on a Schedule attached to this By-law by a landscaping strip having a minimum width of 3.0 metres. m) Within a parking area, every row of parking spaces shall comprise no more than 30 spaces and the row shall abut at each of its ends a landscaping strip 5.7 metres in length and 2.5 metres in width. n) Within each row containing 25 or more parking spaces, a landscaping strip 5.7 metres in length and 2.5 metres in width abutting the parking' space in that row which represents 50% of the total number of parking spaces in that row, shall be provided. o) Notwithstanding Section 3.16 a) (i) parallel parking is permitted on a future private street shown on a Schedule attached to this By-law on which a business establishment entrance faces, provided that each parallel parking space shall have a minimum width of 2.75 metres and a minimum length of 7.0 metres. P) Notwithstanding the provisions of Section 3.16 a) of this By-law, the number of parking spaces that shall be provided on a lot shall be as follows: Use Number of 'Parking Spaces Required eating establishment; large 1 space per 20 square metres of format retail store; and total floor area small format retail store eating establishment 12 parking spaces for each 100 restaurant with a drive- square metres or any portion through facility thereof of total floor area other drive-through facility 1 parking space for each 30 s uare metres of total floor area q) Where a drive-through facility is permitted, the following requirements shall apply: (i) A stacking lane shall be provided and maintained on the lot on which the drive-through facility is located which shall have a minimum length of 72 metres, a minimum width of 3 metres and any entrance to it shall be located a minimum of 18 metres from the limit of a public street or future public street shown on a Schedule attached to this By-law; (ii) No part of a stacking lane shall be so located that at any time any motor vehicle which uses it may block, impede or interfere with the use of any parking space required to be provided on the lot on which the drive-through facility is located; (iii) No portion of the stacking lane and no motor vehicle parking spaces or drive aisle to any parking spaces shall be located within a yard required by the yard requirements provided for in Section 22A.3 a);and (iv) Notwithstanding Section 22A.3 q) (i), a drive-through facility which is not a eating establishment with a drive-through facility; is permitted to be constructed and used on a lot if it satisfies the other provisions of this By-law and a stacking lane is provided and maintained on the lot,which has a minimum length of 24 metres, a minimum width of 3 metres, and any entrance to it is located a minimum of 18 metres from the limit of a public street or future public street shown on a Schedule attached to this By-law. 22A.5 SPECIAL EXCEPTIONS LARGER FORMAT COMMERCIAL(C81 ZONE 22A.5.1LARGER FORMAT COMMERCIAL EXCEPTION (C8-1)ZONE a) Notwithstanding Section 3.16 a) (iv) and 22A.3 the following additional zone regulations apply to the lands within the (C8-1)zone: (i) Total Floor Area (maximum) 9800 m2 (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format store; and (ii) Lands may be used to accommodate a portion of the required parking spaces for a legally permitted use in an abutting C8-2 zone or C9-2 zone. 22A.5.2LARGER FORMAT COMMERCIAL EXCEPTION (C8.2)ZONE a. Notwithstanding Section 22A.2 a building may be constructed and used on the lands zoned C8-2 for the purpose of one motor vehicle fuel bar and motor vehicle wash. b. Notwithstanding Sections 3.16 a) (iv) and 22A.3, the following additional regulations for non-residential uses applies to lands within the (C8-2) zone: (i) Total Floor Area (maximum) 13200 m2 (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format retail store; (iii) A motor vehicle fuel bar and motor vehicle wash shall have a minimum setback of 3 metres and a maximum 6 metres from the westerly limit of Green Road; (iv)A motor vehicle fuel bar, and motor vehicle wash shall have a yard with a yard width of a minimum of 2 metres and a maximum of 4 metres from the nearest limit of a future private street shown on a Schedule attached to this By-law; (v) The stacking lane required for the motor vehicle wash shall have a minimum length of 72 metres, a minimum width of 3 metres, and an entrance to it that is located more than 18 metres from any portion of the limit of a public street, future public street or future private street shown on a Schedule attached to this By-law, which portion of the limit coincides with any portion of a lot line of the lot; and (vi)Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C9-2 zone. 22A.5.3LARGER FORMAT COMMERCIAL EXCEPTION (C8-3)ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22A,3 the following additional zone regulations apply to lands with the(C8-3)zone: (i) Total Floor Area (maximum) 8300 m2 (ii) A minimum of 80% of the total floor area constructed or used on the lands must be located within large format retail store; (iii)Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C9-3 zone or C9-4 zone; and (iv)Notwithstanding Sections 22.A.3 a) (i) to (iii) inclusive where a lot abuts more than one of a public street, future public street or future private street shown on a Schedule attached to this By-law, a building or structure constructed or used on that lot is required to comply with the yard requirements applicable to one only of the aforesaid public street or future public street." h) By,adding a new Section 22B with the title and text as follows: '22B. STREET-RELATED COMMERCIAL(C9)ZONE 226.1 Section 22B applies to lands zoned (C9) by this By-law. For the purpose of Section 22B,the term: (i) Business Establishment: shall mean a building, which contains any one or more of the permitted uses within a (C9)zone. (ii) Business Establishment Entrance: shall mean one of the principal entrances to a business establishment, which shall have a minimum height of 2.1 metres and a minimum width of 0.9 metres and shall be located in the part of the business establishment fagade, which is at or within 0.2 metres above or below finished grade and shall be recessed from the business establishment fagade a minimum of 1.0 metres and a maximum of 3.0 metres. (iii) Business Establishment Fagade: shall mean the portion of the exterior wall of a building located between finished grade and the elevation which is 3 metres above finished grade of a business establishment which wall faces a public street, a future public street or a future private street shown on a Schedule attached to this By-law. (iv)Drive-through Facility: shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part, through a window or an automated machine, to customers remaining in motor vehicles which are located in a stacking lane. A drive-through facility may be established in combination with other permitted non-residential uses. (v) Stacking Lane: shall mean a queuing lane for motor vehicles which is located on the same lot as the drive-through facility and which is separated from other motor vehicle traffic on the same lot by barriers or curbs. (vi)Street Line: shall mean the limit of the public street or future public street shown on a Schedule attached to this By-law that is the dividing line or the future dividing line between a lot or block and a public street or future public street. 2213.2 Permitted Uses No person within a Street-Related Commercial (C9) Zone shall use any land or construct, alter or use any building or structure except for any one or more of the following purposes: a) Permitted Residential Uses: Residential dwelling units are permitted to be constructed or used on the second floor or higher of a building containing permitted non-residential uses. b) Permitted Non-Residential Uses: (i) assembly hall; (ii) bakery shop; (iii) business, professional, or administrative office on the second floor or higher of a building containing permitted non-residential uses; (iv) convenience store; (v) day nursery (vi) dry cleaners distribution centre; (vii) eating establishment; (viii)laundry-coin-operated (ix) medical or dental clinic on the second floor or higher on the second floor or higher of a building containing permitted non-residential uses; (x) place of entertainment; (xi) printing or publishing establishment; (xii) private club; (xiii) retail/commercial establishment; (xiv)school, commercial (xv) service shop, personal; (xvi)service shop, light; (xvii)tavern; and (xviii)theatre. c) For the purposes of clarity, no portion of a building shall be used for any of the following purposes: (i) a drive-through facility; (ii) an eating establishment with a drive-through facility; and (iii) a financial office. 226.3 Regulations for Non-Residential Uses a) Total floor Area of an individual store (maximum) 800 square metres. b) Yard Requirements (i) A building on a lot which abuts a public street or a future public street shown on Schedule attached to this By-law shall have a yard between the facing wall of the buildings and the limit of the street or streets in question which has a yard width of a minimum of 0.5 metres and a maximum of 3.5 metres; (ii) A building on a lot which abuts a future private street shown on a Schedule attached to this By-law, shall have a yard which abuts the limit of the future private street with a yard width of a minimum of 1.5 metres and a maximum of 3.5 metres; (iii) Notwithstanding Section 22B.3 b) (i) and (ii)inclusive where a lot abuts more than one of a public street, future public street or future private street shown on a Schedule attached to this By-law, a building or structure constructed or used on that lot is required to comply with the yard requirements applicable to only one of the aforesaid public street or future public street. (iv)A building on a lot with a lot line which abuts a residential zone boundary shall have a yard abutting the lot line with a minimum yard width of 15 metres; (v) A building on a lot with one or more lot lines which is not described in Sections 22B.3 a) (i) to (iii), inclusive, shall have a yard abutting each lot line with a minimum yard width of 10 metres. c) Height of building containing non-residential uses (maximum) 3 storeys d) Height of building containing a combination of residential and non- residential uses (maximum) 6 storeys e) A minimum of 40% of a business establishment facade which contains a business establishment entrance shall be constructed of transparent glass. f) A minimum of 10% of a business establishment facade, which does not contain a business establishment entrance, shall be constructed of transparent glass. g) Each business establishment shall have a minimum of one business establishment entrance located in the business establishment facade. h) Buildings located on a lot abutting the street lines at the intersection of any of the following intersections, shall have a business establishment entrance located in the business establishment facade which faces the boundary of the sight triangle which is neither a street line or a projection of a street line used in forming the sight triangle: a) Highway No. 2 and Boswell Drive; b) Highway No. 2 and Green Road; c) Highway No. 2 and Clarington Boulevard; and/or d) Clarington Boulevard and Uptown Avenue, a future public street. ) All entrances used or intended to be used by members of the public to access each business in a business establishment shall be located in the business establishment facade. I) A business establishment entrance to each business establishment located on a lot which abuts Clarington Boulevard shall be located in the business establishment facade of each building which accommodates a business establishment k) A building which has a business establishment facade containing a business establishment entrance shall incorporate as an architectural element of the building a canopy with a minimum width of 2 metres and a minimum height of 2.5 metres constructed over the yard required by Section 228.3 b) along 100% of the length of the business establishment facade, measured horizontally. 1) A building having a business establishment facade greater than 20 metres in length, measured horizontally, shall incorporate for at least 20% of its length a combination of wall plane projections and recesses having a minimum depth of 1.5 metres for the full height of the business establishment facade. m) Where a building has a flat finished roof containing rooftop mechanical heating, ventilation or air-conditioning stacks or vents to serve the building, the building must have either. (i) a solid parapet wall with a minimum height of 1.5 metres above the finished elevation of the roof which extends around the entire perimeter of the roof; or (ii) a solid parapet wall with a minimum height equal to the height of the highest of the rooftop mechanical heating, ventilation or air- conditioning stacks or vents which prevents them from being viewed from adjacent public streets and buildings. n) A required loading space shall be screened from a public street, future public street and future private street shown on a Schedule to this By-law by a wall constructed of the same materials as the business establishment facade and having a minimum height of 5 metres and a minimum length of 9.0 metres. o) Landscaped Open Space (minimum) 10 percent p) All parking areas shall be separated from abutting public streets, future public streets and future private streets shown on a Schedule attached to this By-law by a landscaping strip having a minimum width of 3.0 metres. q) The lands which comprise a yard required by Section 22B.3 b) (ii)shall not be used for parking spaces or drive aisles for motor vehicles. r) Within a parking area, every row of parking spaces shall comprise not more than 30 spaces and the row shall abut at each of its ends a landscaping strip 5.7 metres in length and 2.5 metres in width. s) Within each row containing 25 or more parking spaces a landscaping strip of 5.7 metres in length and 2.5 metres in width abutting the parking space on that row which represents 50% of the total number of parking spaces in that row shall be provided. 228.5 SPECIAL EXCEPTIONS STREET-RELATED COMMERCIAL(C9) ZONE 22B.5.1 STREET-RELATED COMMERCIAL EXCEPTION (C9-1)ZONE a) Notwithstanding Sections 22B.2 b) and 228.3 the lands zoned (C9-1) shall only be used for a public use facility. Any buildings or structures constructed thereon shall be subject to the following additional zone regulation: (i) Lot area (Minimum) 0.5 he 228.5.2 STREET-RELATED COMMERCIAL EXCEPTION (C9-21 ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22B.3 the following additional zone regulations apply to the lands within the(C9-2)zone: O Total Floor Area (maximum) 2000 m2 (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-1 zone or C8-2 zone; 22B.5.3STREET-RE LATE D COMMERCIAL EXCEPTION (C9-3)ZONE a) Notwithstanding Sections 226.2 b) a building may be constructed and used on lands zoned C9-3 which contains one financial office with drive- through facility; b) Notwithstanding Sections 3.16 a) (iv) and 2213.3 the following additional zone regulations apply to the lands within the(Cg-3)zone: (i) Total Floor Area (maximum) 4100 m2 (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-3 or C94 zone; (iii) A minimum of 60 % of the total floor area permitted in the C9-3 zone . shall be located such that the business establishment entrance Is located on within 50 metres of the westerly limits of Clarington Boulevard; (iv)A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; 228.5.4 STREET-RELATED COMMERCIAL EXCEPTION (C94) ZONE a) Notwithstanding Sections 3.16 a) (iv) and 22B.3 the following additional zone regulations apply to the lands within the (C9-4)zone: (i) Total Floor Area (maximum) 3600 m2 (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C8-3 or C9-3 zone; (iii) A minimum of 50 % of the total floor area permitted in the C94 zone shall be located such that the business establishment entrance is located on Clarington Boulevard; (iv)A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres; 22B.5.5STREET-RELATED COMMERCIAL EXCEPTION (C9-5)ZONE a) Notwithstanding Section 3.16 a) (iv) and 22B.3 the following additional zone regulations apply to the lands within the(C9-5)zone: (i) Total Floor Area (maximum) 1000 m2 (ii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-7 zone; 22B.5.6STREET-RELATED COMMERCIAL EXCEPTION (C9.6)ZONE a) Notwithstanding Section 2213.2 b) one building may be constructed and used on the lands zoned (C9-6) for the purposes of an eating establishment with drive-through facility. b) Notwithstanding Sections 3.16 a) (iv) and 2213.3 b)(i) in addition to the other regulations for non-residential uses provided in Section 22B.3 the following additional zone regulations apply to lands within the(C8-6)zone: (i) Total Floor Area (maximum) 1580 m2 (ii) A building on a lot which abuts Clarington Boulevard shall have a yard which abuts it with a yard width of a minimum of 0.5 metres and a maximum of 3.0 metres. Buildings which abut Highway No.2, other than those legally existing on June 27, 2005, shall comply with the yard requirements specked in Section 228.3 b) (i). (iii) Lands may be used to accommodate a portion of the required parking for a legally permitted use in an abutting C1-14 zone." ) By deleting from Schedule'l the identification of the lands at the southwest corner of Regional Road 57 and Highway No. 2,the designation"Commercial Exception (C2-4)and replacing it with Agricultural(AT zone. j) By amending Schedule"3'to By-law 84-63 as amended to correspond with Schedule"A-1,A T,A3"A4 and"A-5'attached to and forming part of this By- law. 2. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 of the Planning Act, R.S.O. 1990 cP13. By-Law read a first time this day of 2005 By-Law read a second time this day of 2005 By-Law read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule to By-law 200 passed day of 1 1 LL Bowmanville ff� �1 �unuuuu •° � i� 5111 qtl' This is - • to 1 passed this _ day of 2005 A.D. munme . ,...,................ ..............: ............. . ............ .yg;r.e•.oe.•.eo;. . / .............. .:r r r r r.•.s•.e•r.•r. .,r.�.;.❖.ss❖.o•. %O%/ �� N . - rI 1 f�G����uutm` � • ■,a, cnf Ilq` i. �:= This is • - to By-law 200 passed day of 1 / u I .•..•...•o. =1161p- 0 ■ 1 %'% 111 �■ ��.� _� __ _� -__ � i�i�llll �■■�� � -%Alllllllllllll \\\\\\\ , ��'� ' =•=' VIII i`�����i This is Schedule to By-law 200 passed day of 1 1 LMJ 1 GC 9-_ Mm �� �� ..mnumnnn•. Report 1111 Clarington Leading the Way REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 27, 2005 Report #: PSD-097-05 File #: COPA 2004-007 By-law #: and ZBA 2004-055 (X-ref: ROPA 2004-006) Subject: REVISED OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS TO PERMIT RETAIL COMMERCIAL, LARGE FORMAT RETAIL, AND HOTEL USES APPLICANT: AYT CORPORATION RECOMMENDATIONS: It is respectfully recommended that Council recommend the following: 1. THAT Report PSD-097-05 be received; 2. THAT the application submitted on behalf of AYT Corporation to amend the Clarington Official Plan to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west corner of Highway 401 and Bennett Road BE REFUSED; 3. THAT the application submitted on behalf of AYT Corporation to amend the Municipality's Zoning By-law to permit a large format retail complex with approximately 54,215 square metres of total gross floor area at the north-west corner of Highway 401 and Bennett Road BE REFUSED; 4. THAT staff be directed to provide for a hotel and conference centre and some limited retail and service uses (restaurants, fitness clubs, print shops) in the further consideration of the Clarington Science and Technology Park Study; 5. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 6. THAT all interested parties listed in this report and any delegations be advised of Council's decision. REPORT NO.: PSD-097-05 PAGE 2 Submitted by: Reviewed a ACCrome, M.C.I.P.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH/CP/DC/lw/df 23 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-097-05 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicant: AYT Corporation 1.2 Agent: Walker Nott Dragecivic Associates Limited 1.3 Official Plan Amendment: To amend the "Light Industrial Area" policies in Section 11.5 to permit development of 54,215 sq.m. (583, 585) sq. ft.) of retail commercial and restaurant floorspace, large format warehouse club retail floorspace, and a hotel and convention facility, in addition to the uses permitted in the light industrial area designation. 1.4 Rezoning: To rezone the subject lands from "Agricultural Exception (A-1) Zone" to implement the proposed official plan amendment. 1.5 Site Area: 21.85 hectares 2.0 LOCATION 2.1 The property under consideration is located at the northwest corner of Highway 401 and Bennett Road south of future Baseline Road in Bowmanville (See Attachment 1). The site area totals 21.85 hectares (54.0 acres). The property is located within Part Lot 5, Broken Front Concession 1, in the former Township of Darlington. 3.0 BACKGROUND 3.1 This is AYT Corporation's second revision. The original applications, which were received on November 12, 2004, were in respect of a parcel of land located on the northeast corner of Highway 401 and Bennett Road. These lands were not located within the Bowmanville urban area and when submitted were subject to Bill 27, an Act to establish a Greenbelt study area. Development applications for urban uses could not be considered on lands covered by said legislation. Staff returned the original applications to the applicant. 3.2 On November 25, 2004, Staff received revised Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of AYT Corporation to permit commercial development of the subject lands. This land is on the northwest corner of Highway 401 and Bennett Road and it is designated Light Industrial Area. The revised application requested permission for 50,300 sq.m. (550,000 sq.ft.) of retail commercial and large format retail uses, including a department store, a food store, a home improvement centre, REPORT NO.: PSD-097-05 PAGE 4 restaurants and other retail uses in addition to the uses permitted in the Light Industrial Area designation. The development was proposed to proceed on private communal services. 3.3 A Public Meeting was held for the initial revised application on February 21, 2005, during which the following comments were made to Committee. • The Bowmanville BIA noted that the Ontario Municipal Board hearing in 1994 decided to link retail growth with population growth. The OMB at that time recognized that some retail sales loss would not impact the downtown greatly. Council must recognize the potential consequences of approving the large amounts of additional floorspace may have on the downtown. A subsequent letter on the Commercial Policy Review reinforced their concerns and noted that commercial growth should be focused and not dispersed. • A resident from Wilmot Creek raised concern over the increased traffic levels that the proposed development would have on Bennett Road, since this road is their only means of access. • An area farmer was concerned over the rate that prime agricultural land was being converted for urban uses. At the Public Meeting, in response to questions, the applicant's agent advised that his client would be willing to revise the applications to delete the food store and department store components. 3.4 A letter of objection was received from the solicitor representing Valiant Property Management (Valiant)(Attachment 2), which cited the following concerns with the AYT proposal. • Valiant would be concerned if approval of the AYT application would preclude, or be in place of, the development of the Valiant site in West Bowmanville for its intended home improvement use. • The second concern would be if the early development of the AYT site would create an unacceptable market impact on the West Bowmanville Main Central Area in general and Valiant's total holdings in particular. These issues have been referred to the Commercial Policy Review, which is being finalized by the consulting team and Staff. 3.5 A letter of objection was received from Holburn Biomedical Corporation (Attachment 3), which noted that they had invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative. 3.6 A letter was received from Terry and Mark Price who noted concerns regarding a spring that feeds a pond on their property, which is being used for agricultural purposes. Development on the adjacent lands could either divert or destroy this groundwater source. REPORT NO.: PSD-097-05 PAGE 5 3.7 On March 30, 2005, Staff received a second revised set of Official Plan Amendment and rezoning applications from Walker Nott Dragecivic Associates Limited on behalf of AYT Corporation. The revised applications propose to permit development of 54,215 sq.m. (583,585 sq. ft.) of retail commercial and restaurant floorspace, large format warehouse club retail floorspace, and a hotel and convention facility in addition to the Light Industrial area designation permissions. The development is now proposed to proceed on full municipal services. 3.8 A further Public Meeting was held on May 9, 2005, for proposal's the second revision. The following comments were made to Committee: • The application presented by AYT Corporation contemplates almost as much total floorspace as both west Bowmanville commercial applications combined. Council should consider floorspace being released in phases. • The AYT Corporation proposal does not support or reinforce downtowns. • Commercial development should be located along the Highway 2/King Street corridor and phased through population growth. Approving commercial development along Highway 401 would mean that people would miss the downtowns. 3.9 A second letter of objection was received from Holburn Biomedical Corporation (Attachment 4), which notes the following points. • Holburn supports the exclusion of large format retail uses from industrial areas to preserve industrial lands for industry. Converting these lands for big box development may represent a lost opportunity to economically diversify our employment base. • Holburn has invested a considerable amount of money and resources into the launch of a scientific research and development park on lands immediately north of the subject site. They questioned whether or not the proposal was compatible with their scientific research park initiative, since it may impede the ability to attract scientific research and development companies to the area. 3.10 The applicant has also submitted an application to amend the Durham Region Official Plan (ROPA 2004-006). Although the Regional Plan permits large format retail uses within industrial areas, it does not permit a department store or a supermarket within these areas. These proposals must also front on a Type "A" or Type "B" arterial road for access. The application was originally submitted to amend the policies to permit these uses within an industrial area. Since the application was revised to delete the department store and supermarket, the Regional Official Plan amendment application has also been revised accordingly. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject lands are currently farmed and contain a large woodlot in the center. The site slopes gently to the south and west from Bennett Road. The property REPORT NO.: PSD-097-05 PAGE 6 contains a small spring-fed watercourse that feeds a pond on the adjacent property to the west. 4.2 Surrounding Uses: East: Agricultural land North: Agricultural land and industrial facility under construction West: Agricultural lands and rural residential South: Highway 401 and urban industrial uses 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Region Official Plan The Durham Region Official Plan designates the subject lands "Employment Area". This designation permits manufacturing, assembly, processing and warehousing among other individual type uses. General policies of the Regional Official Plan include the following: • Regional Council shall maximize the employment potential of designated Employment Areas; • Sites having a high degree of exposure and good access shall be reserved for employment-intensive uses; • Regional Council shall prevent the consumption of Employment Area lands intended for industrial uses by commercial uses; and, • Regional Council shall ensure an adequate supply of vacant, serviced land is maintained. The Regional Plan provides for area municipalities to allow retail warehouse uses in Employment Areas subject to compliance with the Plan policies. Retail warehouse uses do not include supermarkets or department stores. Retail warehouse uses must also develop on either a Type "A" or "B" arterial road. Baseline Road is designated as a future Type "A" arterial road but no road has not been constructed to date. The applicant has filed an application to amend the Durham Region Official Plan and Regional Staff are reviewing the revised application for conformity. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject lands "Light Industrial Area". Permitted uses include manufacturing, processing, fabricating, repairing, research and development facilities, and warehousing. Certain commercial, community and recreational uses, including banks, restaurants, athletic clubs, banquet facilities, and fraternal organizations may be permitted provided they are limited in scale and serve the area's employee base. Large scale retail warehouses may be permitted by amendment to the Clarington Official Plan subject to a number of criteria. REPORT NO.: PSD-097-05 PAGE 7 An east-west Collector Road, south of Baseline Road is proposed to be eliminated through this amendment. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned "Agricultural Exception (A-1) Zone". The current zoning does not permit the proposed commercial development. In order to permit the proposed development, a rezoning application was submitted for consideration. 7.0 AGENCY COMMENTS 7.1 Although the Emergency Services Department has not commented to date, their concerns can usually be addressed at the site plan approval stage. This Department had not raised any fundamental issues through the previous submission. 7.2 The Clarington Engineering Services Department has reviewed both the traffic study and functional servicing study submitted by the applicant and provides the following comments. The subject lands abut both Bennett Road and the future extension of Baseline Road. The abutting road network is currently rural and should be urbanized, incorporating road improvements to address the traffic and storm drainage infrastructure works necessary to properly service a development of this nature. The development of the subject property necessitates the need for these road improvements, which are currently not contemplated in the Municipality's Capital Budget and Forecast for reconstruction and/or construction. Therefore, this development is considered premature until such time as the abutting road network has been urbanized and improved to properly service the subject development. If this application were to be approved, AYT would need to dedicate road widenings along Baseline Road and Bennett Road as well as a sight triangle is required at the intersection of Baseline Road and Bennett Road. The Traffic Impact Study as submitted by the applicant was reviewed and the following comments need to be addressed in the study and resubmitted for approval. The Study must identify all of the road infrastructure and traffic management related improvements that will be necessary to facilitate this development. These improvements range from intersection improvements, traffic signalizations, auxiliary turning lanes, and the extension of Baseline Road from Lambs Road to Bennett Road. REPORT NO.: PSD-097-05 PAGE 8 • The Study must assess the impacts of the proposed Highway 401 interchange relocation from Highway 401 and Bennett Road to Highway 401 and Lambs Road and an alternative access scheme should be developed. The justification for replacing the Bennett Road interchange with a new interchange at Lambs Road should be acknowledged, and an alternative access scheme should be developed to determine the site traffic impact with the long term interchange plan. • The Study should be amended to include a revised road pattern incorporating all or part of the east-west collector road now shown in the Official Plan between Highway 401 and Baseline Road should be considered so that future traffic movements generated within the local development area have alternative routes for trips between Lambs Road and Bennett Road. • For the short term, an analysis of the operation of the weaving lanes on Highway 401 between Bennett Road and Highway 35/115 should be undertaken. • Several issues require comment from the Durham Region and the Ministry of Transportation of Ontario such as signalization, spacing of signalized intersections, location of access on arterial roads, and potential impacts on freeway operations. • Additional supporting data is required to justify the proposed parking supply. The Functional Servicing and Stormwater Management Report as submitted by the applicant is inadequate and needs to be revised to address how all aspects of urban servicing including watermains, sanitary sewers, storm sewers, stormwater management, utilities, sidewalks, and street illumination will be extended from existing areas to service the subject lands. The drainage of the subject property is part of the Bennett Creek watershed. The development of this watershed requires the preparation of The Bennett Creek Master Drainage Study, which shall identify the stormwater management needs of this watershed. This study, currently being prepared by TSH, is at the Public Consultation stage and is expected to be completed in the near future. • Prior to any approval for development of the subject lands, a Storm Water Management Implementation Report must be prepared that provides for the sequential construction of storm water management works and addresses the recommendations of the Bennett Creek Master Drainage Study • The applicant's engineer will be required to prepare a Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this site. 7.3 The Ministry of Transportation has no objections in principle to the applications subject to the following conditions: • The Ministry will not permit any structures or buildings within a 14.0 metres setback from the highway property line. Furthermore, any facilities that are essential to the business operations such as parking or loading areas, drive- REPORT NO.: PSD-097-05 PAGE 9 through facilities, driveways, or stormwater management facility will not be permitted within this 14.0 metre setback. • The Ministry has provided a number of technical comments on the functional servicing and storm water management report as submitted by the applicant. The applicant must demonstrate that that the stormwater management facilities can mitigate any impacts resulting from development. The Ministry will not approve a report that increases stormwater flow rates or causes erosion potential within the Ministry's right-of-way. • The applicant will be required to submit a site plan approval application. This submission must include a site plan, lot grading and drainage plan, site servicing plan, stormwater management plan, traffic study, and illumination plan for review. 7.4 Central Lake Ontario Conservation Authority has reviewed the Functional Servicing and Stormwater Management Report and has no objections in principle provided that the following issues are addressed through further review. • The proposed stormwater scheme is generally satisfactory in terms of water quality and quantity control for the development. • The proposal would also appear to fit into the current scheme as proposed through the Bennett drainage plan being worked on by TSH. Stantec are describing their facility as temporary, with the ultimate controls being provided by a centralized facility. • Although the proposal provides for continued drainage to the two drains to the west of the AYT lands, the report has not quantified the amount of flow would be directed, nor has the source of the flows from the woodlot to the neighboring pond been determined. Further discussion will be required to satisfy the Authority's concerns. • Prior to site plan approval, the owner must provide site-specific engineering drawings and reports as well as a report addressing the source of the flows, which appear to originate within the existing woodlot. The engineering reports must address how the site would in the future conform to the requirements of the TSH master drainage plan study for the area, particularly if AYT commences construction prior to the TSH study being finalized. 7.5 The Durham Region Planning Department will not provide comments on the local planning applications (COPA 2004-007 and ZBA 2004-055) since the applicant has also submitted an application (ROPA 2004-0006) to amend the Durham Region Official Plan. Regional Plan policies require large retail format centres to have access to an existing Type "A" or Type "B° arterial road. The applicant has revised their Regional Plan amend application to amend these policy requirements. The Region will be proceeding with a Staff report once a local amendment has been recommended for approval by Council REPORT NO.: PSD-097-05 PAGE 10 7.6 The Durham Region Public Works Department has reviewed both the Traffic Report and Functional Servicing and Stormwater Management Report to which the following comments are offered. • The subject site is proposed to be serviced the proposed 300 mm watermain (by others) on Baseline Road. As security of water system supply, a 300 mm watermain extension will be required for looping and chlorination purposes at the applicants expense on Bennett Road, crossing Highway 401 from Baseline Road to Lake Road. • A 675 mm trunk sanitary sewer must be extended from Soper Creek to the subject site. Based on further design details, the trunk sewer needs only to extend to Lambs Road with a further local sewer extension to the subject site. This project is not identified within the Region's 5 year capital works forecast, but is identified in the current Development Charges Background Report as a future project pending the need for residential growth to north of Highway 2 and east of Lambs Road. Since no residential development is anticipated in the near future in this area, the subject applicant will be responsible for the cost of extending the trunk sewer. • In addition, twinning of the Soper Creek Trunk Sewer from Baseline Road to Port Darlington WPCP will also be required to fulfill the ultimate servicing requirements designated in the Official Plan. • In view of high cost of these two projects, the Region is undertaking a further review and feasibility study to determine if there is an alternative sewer alignment, which could eliminate the need for twinning of the Soper Creek Trunk Sewer. This feasibility study will form part of the Region wide Master Plan Study, which is being initiated during the next few months, and may take over a year to determine preferred solutions. • Baseline Road is designated as a Type 'A' arterial road in the Durham Region Official Plan and the Region requires appropriate road widenings. • The Region recognizes the requirements for off-site improvements at the intersection of Highway 2 and Bennett Road as outlined in the traffic impact study. Off-site improvements are to be included as part of their site plan agreement, and secure funds for the future improvements to this intersection. • The Region notes that the Durham Region Official Plan proposes the removal of the Highway 401 and Bennett Road interchange in the future. • Development on the subject lands cannot proceed until servicing issues have been resolved to the Region's satisfaction. REPORT NO.: PSD-097-05 PAGE 11 7.7 The Durham Region Public Works Department has reviewed the Functional Servicing and Stormwater Management Report 7.8 Due to the limited commenting period, comments from Hydro One Networks Inc. have not been received to date. 8.0 STAFF COMMENTS 8.1 This report is being brought forward at this time at the applicant's request. There are several concerns with addressing the application at this time: • completion of the technical analysis of a number of issues has not been completed due to the limited time to review some of the reports. In several cases, the reports submitted are inadequate and additional information is required; • not all agencies have had time to provide comments; and, • there are studies underway which have a bearing on this application and ideally should be completed first. This includes the Municipality's Science and Technology Park Study and the Region's Industrial Land Supply Study in particular. While it would be premature to consider approving this application until all of the background information is complete, from a broader structure perspective there is sufficient grounds to refuse this application. 8.2 Retail Market Impacts are significant The Addendum Market Analysis dated May 9, 2005, which addresses the requirements of the Clarington and Durham Region Official Plan, was prepared in part to consider the implications of the AYT application. The Addendum Market Analysis tested various alternatives for various projects proceeding, either in whole or in a phased manner or with some alteration (e.g. no Home Depot on the Holloway Holdings site). It also examined substituting the AYT application for the West Diamond/Players proposal. The market research has confirmed that there is significant opportunity for new space in the market to meet population growth and to recapture expenditures currently leaving the community. The recapture potential is particularly great in the Department Store and Home Improvement Store categories, given the current expenditure pattern of Clarington residents. REPORT NO.: PSD-097-05 PAGE 12 The new retail floorspace that would be warranted in Clarington has been quantified through the analysis of various scenarios, as follows: 2007 between 700,000 and 735.000 square feet 2010 between 850,000 and 875,000 square feet 2021 between 1,540,000 and 1,580,000 square feet There is less opportunity for new floorspace after 2007 as it is assumed that the recapture opportunities will have been exploited and further growth will be dependent on population growth. Unlike the earlier market research referred to above, which assumed no sales transfer from existing stores, the Addendum Market Analysis assumed a 10% sales transfer from existing stores, which the Municipality's consultant has deemed to be a "reasonable" impact. The analysis also assumed that there would be new space developed over the study period in other parts of the Municipality which have existing designations or zoning permissions for commercial development. The analysis considers that with the proposed space built in the 2007-2010 period, the impacts on existing stores would continue until 2013 after which, with no further major commercial floorspace, residential growth would allow the existing businesses to return to 2003 levels. The report has recommended the following conclusions. • There is opportunity for most of the proposed new retail and service space in the West Bowmanville Main Central Area by 2010 assuming that the AYT site is not developed during this period. This provides for development to occur in other sites in Clarington including the Torgan site, the Courtice Main Central Areas and limited development in other locations. • There is room for two large format home improvement stores in the Clarington market, based on the possibility of achieving a high recapture rate. With two stores however, it would lead to lower sales performance levels. If the Rona store proceeds on the Torgan site, a second store could be considered elsewhere within the Municipality. A third home improvement store is not considered viable. • Due to its scale, the AYT proposal would create much higher sales impacts on the East Bowmanville Main Central Area than the West Diamond/Players site and would have very significant short term sales impacts in certain categories. Even after 2010, assuming that the other projects are approved and built, the incremental effect would result in significant sales impacts on existing businesses over the longer term as well. Therefore, from a retail market perspective, the Addendum Report concludes the cumulative impact of approving the West Bowmanville applications and the AYT would be significant. Additional major retail commercial development could be considered anywhere in the Municipality REPORT NO.: PSD-097-05 PAGE 13 well after 2010, likely in the 2016 to 2021 period. This would be the subject of future Official Plan Reviews. 8.4 Balance of Employment Opportunities In 2001, the jobs/population ratio in Clarington was 25% or one job for every 4 residents. This is extremely low. The Clarington Official Plan has set employment targets and seeks to achieve balanced growth. The employment targets for Bowmanville are set at 23,500 jobs by 2016. The Plan has the objective of obtaining 1 job for every 3 residents by 2015. Jobs in the commercial sector are largely tied to residential growth, for generally overtime employment will increases as the retail and service industry expands to serve additional population. There are exceptions, since certain types of employment will concentrate in nationally significant centres (such as the banking and finance industry in Toronto) and certain retail activities are only possible from regionally significant centres (such as the Oshawa Centre). Industrial uses, including everything from manufacturing to scientific research and pharmaceutical industries, are much less dependent on residential growth. Other factors, such as proximity to market or natural resources, transportation infrastructure, a skilled workforce, labour rates, energy rates and many other factors. Communities are now competing for industrial growth on a global scale. Moreover, there is the need for industries to cluster together on co-operative and at the same time competitive basis to be successful. It is infinitely more difficult to attract industrial employment than population-related employment in the commercial sector. In order to meet the jobs/population target and to compete for industrial growth, sufficient and good quality industrial lands need to be reserved, even if the process takes much longer and is much harder. The employment targets of the Municipality's Official Plan cannot be met without significant non-commercial employment growth. Creating the right conditions for this to occur is paramount if the Municipality wants to create a more balanced community. Using the Region of Durham's methodology (with a lower lot coverage assumption), the potential number of jobs from these lands would be as follows: NMI, to _97_�iat 540,000 square feet of Lot coverage of 25% employment floors ace 840 basic employment jobs 650 square feet per employee 1400 basic andspin-off jobs Em Io ment multiplier of 1.72 REPORT NO.: PSD-097-05 PAGE 14 While a big box retail centre would also create jobs, they would not assist in diversifying the Municipality's economy and may, if floorspace is advanced too early, result in a decline in jobs in existing commercial areas. On the other hand, industrial jobs create spin-offs which help to support retail jobs in the community. The Region in general and Clarington specifically have had difficulty competing for industrial employment in comparison with areas west of Toronto. However, there are changes in the works that will increase these opportunities: • The University of Ontario Institute of Technology has been established to develop into a center for excellence in technology. The presence of the University will act as a catalyst for new investment, particularly in the automotive and energy technology sectors. The University's mandate includes a significant research and commercialization of technology developed through its various industry partnerships; • Highway 407 will be built over the next decade providing important new infrastructure; • A new airport in Pickering will gradually lead to spin-offs and be an advantage for certain industries; • The Province's Growth Plan will need to provide supports for a better live- work balance to address the gridlock created by extensive commuting; and, • The presence of an industry like Holburn in the lucrative biotech sector can be a catalyst to attract similar businesses to the area. The retention of the AYT lands for prestige or light employment uses will allow the Municipality to diversity its employment base and, in conjunction with the Municipality's Science and Technology initiative, will provide a stable employment base. Retail jobs will not contribute to diversifying the employment base, are limited by population growth and, for other reasons stated in this report, are better suited on other lands. 8.5 Loss of Employment Lands There are three primary concerns with the potential conversion of the subject lands from Employment Area to commercial uses: • The pressure for conversion of Industrial lands is a GTA wide phenomena and a longer term view is essential to preserve opportunities for future economic prosperity, employment diversity and live-work relationships • The AYT site is one of the few premier industrial sites in Clarington with the characteristics suitable for prestige industrial uses Unlike other municipalities in Durham, Clarington will have no new industrial lands along the Highway 407 corridor • A comprehensive study of employment land needs should be undertaken prior to considering any conversion • The conversion of the AYT site will lead to additional pressures REPORT NO.: PSD-097-05 PAGE 15 Across the Greater Toronto Area, there is concern with the impacts on the Greenbelt and the Growth Plan on the competition for serviced land. There has been a noticeable trend to convert some key employment lands to residential or major commercial uses due to their higher value for those uses. This has led to concerns about the loss of employment lands and the ability to provide opportunities for employment areas over the longer term. As a result, this issue was addressed in part through the new Provincial Policy Statement, effective March 1, 2005: The Provincial Growth is addressing the matter further through its Places to Grow initiative. Although this application preceded the effective date of the new provincial ' policies, this does not preclude this as a legitimate planning consideration by the Municipality. There are concerns about the long term impacts of such a conversion at,the Bennett Road site. Most of Clarington's industrial lands fronting onto Highway 401 can be characterized as mediocre as best, in some circumstances very negatively impacted existing, less desirable industrial uses with outdoor storage (e.g. Dom's auto wreckers). Other areas contain industries built to a low development standard including the lack of municipal services. This makes it difficult for the Municipality to compete for certain key employment sectors. In terms of competing in the new economy where a knowledge-based workforce is critical edge, the quality of place is an important consideration for these highly-mobile workers. The loss of employment area lands with highway frontage will provide only inferior industrial sites inboard from the transportation corridor. Unlike other parts of Durham, Clarington will have no opportunity to designate new employment lands along the Highway 407 corridor. In 1990, during the preparation of the 1991 Durham Regional Official Plan, the Municipality pressed the need for designating a sufficient supply of industrial land and undertook an analysis in support of this. Consequently, the Region through its comprehensive review designated a large supply of new land in Clarington, primarily in Courtice but also including the subject lands on Bennett Road. Virtually no additional Highway frontage lands were added at this time, save and except the subject lands. This was due to the long standing designation in the Darlington Township, Bowmanville and Newcastle Village Official Plans which designated strips of land along Highway 401. Most of these designations go back to the early 1960's and were partially developed by 1991. The long term need of employment area lands should be revisited before any decision to remove the subject site from employment uses. There is a widely recognized problem with land supply in the GTA which is leading to applications which in essence, are requesting municipalities to compromise their future prosperity to deal with a short term land supply problem. REPORT NO.: PSD-097-05 PAGE 16 The Clarington Official Plan seeks to provide a variety of industrial lands to allow for the expansion and diversification of the employment land base. There are very few locations suitable for prestige employment uses and the AYT site is one of them. Retaining industrial lands with prime Highway 401 frontage is vital for Clarington to achieve its industrial development and employment goals. Given the lack of constraints from existing poorer-quality or heavy industrial development, visibility and access to Highway 401, and on-site amenities such as the woodlot, this is the most prestigious employment area location in Bowmanville. If it developed as a big box centre, a major opportunity for high-profile industrial users would be lost. 8.5 Incompatibility with the Municipality's Science and Technology Initiative Plan The Municipality is undertaking a secondary plan study and urban design analysis with a view of developing upon the catalyst industry, Holburn Biomedical. The 130 hectare study area is bounded by Bennett Road, Highway 401, Haines Street and Highway 2. The lands are designated for a variety of employment area uses in the Clarington Official Plan. TSH is finalizing the master drainage plan as part of this study. Staff initiated this secondary plan prior to submission of the application by AYT Corporation. Preliminary concepts prepared by the consultants indicate that prestige employment uses are being considered for all lands within the study area between Highway 401 and Baseline Road. This would provide a campus presence along Highway 401 that would draw other related companies to the area. The woodlot on the property could be incorporated into an open space and recreational system benefiting the entire industrial park. The Science and Technology initiative is founded on several principles: • The presence of a catalyst industry; • The presence of one or more universities to establish collaborative partnerships with, including the presence of graduate students to assist in research; and, • The availability of relatively cheap lands in the GTA suitable for start-ups and small firms (small firms account for 75% of the biotechnology sector). • A high quality of life. The AYT proposal raises serious concerns with compatibility and feasibility of the science and technology park. Among other things, a commercial designation would raise land prices and lead to speculation on adjacent properties as evident at the Thickson Ridge Power Centre site and the Harmony Taunton Power REPORT NO.: PSD-097-05 PAGE 17 Centre. This would tend to thwart one of the underlying premises for the viability of the park. The form of development would also be contrary to the high quality, campus-like environment that is important for certain industries, particularly research and development industries. The early industries in an employment area "set the tone" and a big box centre would give the wrong image at the gateway to the Science and Technology Park. Lastly, it would remove the prime location that would be sought by an anchor tenant in the science and high tech sector. For the reasons above, in staffs view, the approval of a big box centre on the AYT site is contrary to the intent of, and would likely thwart the science and technology initiative. The science and technology park initiative will take a sustained and patient commitment from the Municipality and will no doubt require some assistance from the Municipality to make it a reality. The development charge exemptions and credits are one example. The designation of the AYT lands for a big box centre at Bennett and Highway 401 is an incompatible and competing vision for the area. 8.5 The AYT proposal does not contribute to Urban Structure objectives. The AYT proposal would create a large new commercial area in southeast Bowmanville. This new centre, proposed in a location adjacent to Highway 401, would be removed from a central location and from any residential areas. The proposal raises a number of urban structure issues. • In the near future, there is no residential growth anticipated on the east side of the Soper Creek in the Bowmanville Urban Area, requiring longer trips to access the area. • Currently, the majority of retail commercial space in both of Bowmanville's West and East Central Areas is located along Highway 2/King Street. Given the close proximity of these two Central Areas, their retail functions have the opportunity to complement each other and provide cross-shopping opportunities. The Municipality's market analyst notes that AYT location would not likely provide these opportunities. Moreover, the development of the AYT site for retail uses could also result in additional pressures for amendments to surrounding industrial lands to accommodate additional retail uses. The area is not located on the transit spine on Highway 2. Patrons would have to rely solely on vehicular access to the area. It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. Permitting commercial uses in industrial areas may also increase land values and diminish opportunities for industrial development along this corridor. It should, however, be noted that the hotel and convention facility component and a limited number of restaurants would be permitted under the "Prestige Industrial" REPORT NO.: PSD-097-05 PAGE 18 land use designation, as they are deemed services which, when limited in scale, are designed to support the employment area. The designation of the AYT lands for commercial uses does not support or contribute to good urban form, "smart' growth and would diminish. the focus of retail growth along the King Street spine. 8.6 The AYT proposal has significant transportation implications for future growth in Bowmanville. The applicant submitted a Traffic Impact Study. A review of the report by TSH on behalf of the Municipality, Durham Region Public Works Department, and the Ministry of Transportation has resulted in an issues list outlined in Section 7 of this Report that needs to be addressed in the report . The transportation network for the Bowmanville Urban Area is premised on three interchanges with Highway 401: Waverly Road; Liberty Street and in the future Lambs Road. It has been contemplated that Bennett Road would eventually be eliminated, in part due to highway operational issues due to the relative proximity of the Highway 35/115 interchange but primarily based on the better service a Lambs Road interchange would provide for future residential and employment area growth on the east side of Bowmanville. This is based on transportation analysis that was undertaken when the urban lands were designated. Lambs Road is intended to convey traffic from the eastern portion of Bowmanville. The AYT application is premised on removing the Lambs Road interchange as the ultimate means of serving the east side of Bowmanville and maintaining the existing interchange at Bennett Road. A retail complex of this scale is a major traffic generator and would only be feasible from the retailer's perspective if the interchange was maintained. Over the past five years, the development of lands in the north-east portion of Bowmanville (west of the Soper Creek) has led to an increased strain on Liberty Street and the Liberty Street interchange. The Municipality has undertaken studies to determine what improvements can be made to the Liberty Street interchange. The Region has undertaken studies to consider improvements to Liberty Street. Improvements will be made over time but there is still a limit on the capacity in the entire network that can be created through widenings or other improvements. Approving the AYT application would lock in the Bennett Road interchange which would have a major impact on the transportation network in Bowmanville. The extent of this impact has not been fully quantified to date but it does fundamentally affect one of the underlying premises of the development of the Bowmanville urban area. It is anticipated that the existing traffic situation on Liberty Street and at the Liberty Street interchange would be greatly exacerbated as new residential and employment area developments on the east side of Bowmanville (east of REPORT NO.: PSD-097-05 PAGE 19 the Soper Creek) would not have the option of a Lambs Road interchange and would be less likely to use Bennett Road for the predominant west- oriented traffic movements. At the very least, comprehensive land use and transportation studies should be undertaken prior to making such a fundamental decision. 9.0 CONCLUSIONS 9.1 The applications to amend the Clarington Official Plan and the Municipality's Zoning By-law to permit a large format retail centre of 54,215 square metres (583,585 sq. ft.) of total gross floor area, including a warehouse membership club, a home improvement store, large format stores and restaurants should be denied for the following reasons: • Other than financial and employment reasons, the planning rationale for the proposal has not provided compelling reasons for approving the proposal. • Due to its scale, the AYT proposal would have a significant impact on Town and Village Centres in Clarington. • The AYT proposal does not assist in creating a balanced community and a diversity of employment. • The AYT proposal would remove the premiere industrial site in Bowmanville and the potential to attract a high profile industry. • Conversion of industrial lands for commercial uses in a high profile location will not serve the Municipality's long-term employment and assessment goals. • Approving a big box centre is contrary to the intent of the Municipality's science and technology initiative and, raises serious concerns with compatibility and feasibility of the science and technology park secondary plan. • . The AYT proposal does not support the current and future urban structure objectives. It provides a commercial alternative to the West Bowmanville development but one, which disperses growth as opposed to focusing growth. It leads to less compact, less efficient urban growth with limited possibilities for future intensification and development of a strong urban centre. • Approving the AYT application would lock in the Bennett Road interchange and would have a major impact on the transportation network in Bowmanville. This must only be considered in a comprehensive context of the land use plans and transportation network plans for the Bowmanville urban area. There are numerous technical issues raised by external agencies and municipal departments that need to be addressed for any development on this site. Many of the comments require additional supporting information that would be required regardless of the type of development on this site. Due to the limited period to deal with this application and the applicant's request to deal with this application at this meeting, there is insufficient information REPORT NO.: PSD-097-05 PAGE 20 available to consider any approvals of these lands. However, there are fundamental, underlying principles that lead to staffs recommendation to refuse the applications as submitted. 9.2 It is recommended that the AYT applications to amend the Clarington Official Plan and Zoning By-law be refused. At the same time, it would be prudent for the Municipality to consider the potential of hotel and convention facilities to serve this site and to consider this site for the deployment of the very limited retail and service facilities that will be needed for a prestige business park. Attachments: Attachment 1 - Key Map Attachment 2 - Letter from Valiant Property Management Attachment 3 - Letter from Holburn Biomedical Corporation Attachment 4 - Letter from Holburn Biomedical Corporation Interested parties to be notified of Council's decision: Philip Brent, AYT Corporation Ira Kagan, Kagan Shastri Peter Walker, Walker Nott Dragecivic Associates Limited Ron Hooper, Bowmanville BIA Lynda Townsend Renaud, Lynda Townsend Renaud Law Office Robert Hann, Valiant Property Management Bryce Jordan, Sernas Associates Roslyn Houser, Goodmans LLP Peter Smith, Bousefields Inc. Steve Zakem, Aird & Berlis LLP Stan Stein, Osler, Hoskin & Harcourt LLP Mark Frayne, Holburn Scott Arbuckle, Planning & Engineering Initiatives Limited Paul Mark, PetroCanada Andrea Gabor, Urban Strategies Inc. David Crowell, A&P Properties Limited Terry & Phyllis Price Brent Clarkson, MHBC Planning Limited Murray Paterson Ernest Burnie Blair McEwen Tenzin Gyaltsan, Newcastle IGA Bill Humber Catherine Whyte Beatrice and Ron Whtye Ron Carlyle Elliot and Joan Tremeer Eugene Dupuis REPORT NO.: PSD-097-05 PAGE 21 Kevan Hoskin Jayne Salisbury Karen and Leon Devera Allan Frank Connie Gawley Tom and Sally Barrie Walter Schleiss Don and Gail Rickard Hannu Halminen, Halminen Homes ATTACHMENT 1 Baseline Road(FLaure Access) 3 CRU ® 12 CRU / A<w . jie ie.m pm /. 0 wA jh'uiwm Storm Water Management - 1 Sft Area-2lMha 1.48 he Nat Da eWpm Area-2037 he GFA-15x,215 sqm. . aw.sso s>n. Hlgh 2 Way 41)1 Palwrw Spans ProMW—x2,729 Bowmanville Key Map CL o NGHWAY = ZBA2004-055 Zoning By-law Amendment m COPA 2004-007 Clarington Official Plan Amendment Subject m Lands ROPA 2004-006 w. Regional Official Plan Amendment Owner: AYT Corporation ATTACHMENT2 THE I Aw OfFIC•E or- LYNDA'CQWNSEM RENAUD March 9, 2005 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: Mr. David Crome Mr. Dennis Hefferon South Tower Royal Bank Plaza 2600-200 Bay Street Toronto, Ontario M5J 2,14 Meridian Planning Consultants Inc. 13 Coliler Street Barrie, Ontario L4M 1H2 Attention: Mr. Bob Lehman UrbanMetrlcs 144-146 Front Street West Suite 460 Toronto, Ontario M5J 2L7 Attention: Mr. Doug Annand Dear Sirs: Re: Application to Amend the Durham Regional Official Plan and Clarington Official Plan AYT Corporation and Clarington Commercial Policy Review Comments on behalf of Valiant Property Management Municipality of Clarington We are providing comments on the subject application on behalf of Valiant Property Management(Valiant). As will be explained below,the comments will necessarily touch upon the ongoing Clarington Commercial Policy Review(CPR). SUITE 2, 1400 CORNWALL ROAD, OAKVILLE, ONTARIO L6J 3W5 PHONE: 905 829 8600 • FACSIMILE: 905 829 2035 lyn.townsend(Don.aibn.com - Municipality of Cladngion Mr.Cado Pelladn March 4,2005 Page 2 Our Understanding of the Application and the CPR Based on comments made at the public meeting for the subject application (February 21; 2005), we understand that the application will be revised to request approval for retail warehouse uses including a home improvement centre in addition to commercial uses already permitted in the Light Industrial designation. You have advised that the Municipality will be requesting written clarification of the range of requested uses from the proponent. We understand that once clarification is received, the firm of urbanMetrics, which has already prepared the Retail Market and Impact Analysis for the CPR, will prepare a Retail Market Impact Analysis of the subject application for the Municipality at the applicant's cost. It is the Municipality's intention to have the completed market impact analysis available. to the CPR consultants (Meridian Planning Consultants Inc.) so that the results can. be given consideration as part of the Final Report on the CPR. Valiant's Interest in These Matters Valiant owns about 6.35 hectares bounded by Clarington Boulevard, King Street, Green Road and the unopened Concession 2 right-of-way. All of this area is within the boundary of the Bowmanville West Main Central Area and is designated Retail Commercial in the Bowmanville West Main Central Area Secondary Plan. Valiant began assembling the land in this quadrant of the Main Central Area after it was designated Retail Commercial. Valiant's - ' - -application to-amend thE Officiai-Phan vas-only necessaryin-order to allocate fluorspace from " " the next threshold of the Secondary Plan's phasing policy. The Valiant site comprises the only lands designated Retail Commercial in the Central Area without a retail floorspace allocation. With an allocation to its lands, Valiant could develop up to 16,680 square metres of additional floorspace including a Home Depot store. Valiant has two potential concerns with the subject application. The first would be if the approval of the AYT application would preclude, or be in place of, the development of the Valiant site for its designated purpose. This issue will be assessed by the CPR The second potential concern would be If the early development of the AYT site would create an unacceptable market impact on the Bowmanvllle West Main Central Area in general and the Valiant site in particular. This issue will be assessed by the Retail Market and Impact Analysis. Commercial Policy Review It is our opinion that the Valiant lands within the Main Central Area should remain the preferred location for meeting the shopping needs of Clarington residents prior to the allocation of commercial development opportunities to any other locations not currently designated for commercial use. In particular, no approvals should be given to the AYT site, if at all, until the Valiant site is built out. The Draft Final Report on the CPR supports this view. Amongst the report's executive summary points for the locations of commercial growth are the following points. 14. From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing urban areas. The existing Centres are and will be central Munidpalny ci ciaringron Mr.Carlo Pellarin March 4,2005 Page 8 to the growing population. In addition, they form the 'nodes'along Clarington's main street, a key element of the long term urban structure objectives... 16. Consistent with the current Official Plan policy other new centres or commercial areas,. should not be created over the five year term. 20. The Bowmanville Regional Centre—as well as the Courtice Centre, Courtics West District and the Newcastle Village Downtown District should have sufficient land areas designated with boundaries provided for in Secondary Plans to allow for additional commercial development in the range of 720,000 square feet of gross leasable floor space. This growth could occur in the existing designated areas and/or the expansion of the areas dependant on the achievement of the urban structure objectives of the Municipality.' In summary, the Draft Final CPR report concluded that it is not necessary to designate new commercial areas beyond the Central Areas identified in the Durham Regional Official Plan to meet the Municipality's commercial needs for the next five years. This is reinforced by the Report's recommendation to direct retail warehouses to existing centres and to remove retail warehouses as a permitted use in Light Industrial Areas (pages 23 and 35). We believe the work to date on the CPR reinforces our opinion that the current commercial needs of the Municipality can and should be met in existing designated centres and commercial areas first, and that there is no need to add the AYT site to the Municipalitys commercial land supply at this time. Retail Market impact Analysis On the assumption that the AYT application is being revised to permit retail warehouses in an Employment Area, Section 11.3.18 of the Durham Regional Official Plan would apply. in order for the AYT application to proceed, Section 11.3.18 c) requires that the retail market study being prepared by urbanMetrics demonstrate that "the proposed retail. uses and the cumulative amount of floorspace will not unduly affect the viability of any designated Central Area on Map A' and Central Areas and Specific Purpose Commercial Areas designated In area municipal official plans" As noted above, the Valiant site is designated Retail Commercial in the Bowmanville West Main Central Area Secondary.Plan.Therefore, the retail market analysis must ensure that the viability of the development of Valiant lands will not be unduly affected by the designation and development of retail uses on the AYT site. This matter is typically addressed by a review of commercial fioorspace needs, allocating floorspace to designated sites and determining if there is any residual unmet need that could be assigned to the potential new site. This is the approach which has been used in the CPR study to date. The market study component of the CPR concluded that 720,000 square feet of new retail space can be built in the short term (i.e. to 2010)without causing undue impacts on the existing commercial centres. In distributing this required floorspace, the CPR study Municipality of Claringwn Mr.Cario Pellarin March 4,2005 Page 4 has recommended not to make a distinction as to the type of floorspace. We have indicated Valiant's concurrence with this approach within Central Areas siting the same reasons as the CPR consultants: 1. this approach can best respond to the changing consumer preferences, 2. there is less and less distinction among store types in the goods that are retailed from inside various°boxes', and 3. individual uses within the "boxes' are likely to evolve over time, changing the makeup of the goods being sold but maintaining the retail significance of the areas they are located within. Notwithstanding our acceptance of this general principle, there appears to be some specific concern by the Municipality with regard to the market impact of home improvement centres on existing retailers, There are two potential home improvement centres proposed on designated lands in Bowmanville. They are the Home Depot proposed for the Valiant site and another one on the Torgan site at Waverly Road and Baseline Road. It Is also our understanding that the AYT application proposes a third home improvement centre. Given the I specific concern about the market impact of home improvement centres, we have explored this issue in some depth. I At the outset, it must be understood that the market impact component of the CPR has not concluded that only one home improvement centre can be built in the short term without significant impacts on existing retailers.The conclusion on this matter is set out on page 14 of the CPR and reproduced below(emphasis added): Home Improvement Centre — One home improvement centre can proceed by 2007, without impacts on existing retailers in Clarington. As noted earlier although only one home improvement centre has been evaluate d. our analysis does not preclude another store entering the market: With continued market growth, the available residual potential in other store categories which sell home improvement merchandise, and the opportunity for increased recapture of sales form outside of Clarington in the future, would not preclude another home improvement centre from entering the market beyond 20OZ It is not expected that the impacts of two such stores would be significantly -greater than one store given the limited facilities in Clarington at the present time It appears that there was not a more definitive conclusion on the impact of two home improvement stores because urbanMetrics' only evaluated the impact of one such store. In order to fill the information gap, Valiant commissioned Robin Dee and Associates to conduct an impact analysis assuming two home improvement stores, based on urbanMetrics'original research and data. Enclosed is a copy of Mr. Dee's letter report. It is Mr. Dee's conclusion that the Clarington market will be able to support the entry of two new format home improvement facilities as early as 2006 and that their initial impact will be essentially on each other as they compete for market share. Given that the sites for the two home improvement centres on the Valiant and Torgan lands are already designated, we submit that any market impact analysis being conducted for the • Municlpallty of Cladngion - - Mr.Carlo Pellarin March 4,2005 Page 5 AYT application (if it is looking specifically at impact in the home improvement market segment) must examine the incremental impact of a third home improvement centre in the short term (I.e. to 2010). It is likely that if the AYT site is approved and if it is to contain a home improvement centre, the timing of the implementation of this component of the development may have to be regulated through some form of staging policy in order to avoid an undue economic impact on the Valiant site and, by extension,the Main Central Area. Conclusion The Valiant site is designated Retail Commercial and has the physical Capacity to accommodate up to 16,680 square metres of additional commercial floorspace. Valiant has co-operated with the Municipality in working through the process of removing the floorspace caps that have prevented the site from developing to date. Valiant's concerns with the AYT application are If it in any way precludes the immediate development of the Valiant site or has an undue economic impact on its development. We understand that both of these issues will be examined on behalf of the Municipality by its Commercial Policy Review consultants who are currently addressing Municipal-wide commercial planning and market impact issues. This letter provides our input on behalf of Valiant for the consideration of Municipal Staff and its consultants during their review of the AYT application and the completion of the CPR. If there are any questions or concerns with the above, please do not hesitate to contact the undersigned. Yours truly, LYNDA SEND RENAUD W OF CI SEND Renaud Encl. CC. Mr. R. Hann,Valiant Property Management Mr. B.Jordan, Semas Associates Mr. R. Dee, Robin Dee and Associates Mr. Carlo Pellarin, Municipality of Clarington - -- --- --- ---- . . W ATTACHMENT 3 HOL,BU RIM HOLBORN BIOMEDICAL CORPORATION February 18, 2005 TO: OA�VIDCR ME, M.C.I.P., R.P.R. fax: 905-623-0830 tanning Services FROM: MARK R. FRAYNE Dear Sir, Application to Amend Clarington Official Plan and Zoning By-Law Your File: CtDPA 2004-007 and ZBA 2005-055 I am writing this submission on behalf of our related company, 1524103 Ontario Ltd., the registered owner of approximately/ 50 acres, immediately to the north of the Applicant's lands that are subject to the abovementioned applications. Our respective lands are separated by an unopened road allowance (Baseline Road East). Our company purchased the lands in the fall of 2004 and on November 18h, 2004, the Holbum Group of Companies announced the launch of a scientific research and development park to be located on the lands located at the south-west corner of Bennett Road and King Street East. We have already invested a considerable amount of money and resources into this project, and construction of the first phase is well underway. Therefore, naturally, we question whether or not the subject application: (a)fits within a prestige industrial employment area, and (b) is compatible with our scientific research and development pane initiative. I confirm that we are interested in the application and how it proceeds, and request written notification thereof. Yours truly, Mark R. Frayne Counsel and Vice-President CONFIDENTIALITY NOTICE: The informalon contained in this facsimile (including the attached pages) is for the attention of the addressee only. Any disclosure or reproduction of these pages is prohibited. The information herein remains the property of Holbum Biomedical Corporation_ Should this facsimile be received by anyone other than the addressee,please immediately telephone the number below,to arrange for the return of these documents. An independent member of "The Holburn Group of companies' 200 Baseline Road East, Bowmanville, Ontario, Canada, L1C 1A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mallCholburn.com www.holbum.com HOL9 ATTACHMENT � BIOMEDICAL HOLBURN CORPORATION May 12, 2005 Clerk's Department 2nd Floor 40 Temperance Street Bowmanville, ON, L1C 3A6 Dear Sirs, Re: AYT Corporation Applications Your file #: COPA 2004-007 and ZBA 2004-055 We are writing in respect to the AYT Corporation applications to amend the Clarington Official Plan and Zoning By-law. In particular, we wish to respond to PSD 060-05, submissions made during the General Purpose and Administration Committee meeting held on Monday May 9. 2005, and some statements made by council during that meeting. The following will also provide further background to our letter to the Municipality dated May 6, 2005. Commercial Policy Review Recommendations We understand that the AYT Applications were initiated at a point in time when the draft Commercial Policy Review was close to finalization, after an extensive consideration process. The draft final report recommends the deletion of that part of section 10.9.5 that allows for amendment to the Official Plan to permit large scale retail warehouses. Holburn supports this recommendation because we believe that (a) it is based on sound planning principles regarding future commercial development, and (b) existing light industrial areas should be preserved and protected from the intrusion of big box store developments. In regard to the latter point, the lands subject to the AYT Applications are considered superior industrial lands. it is our observation that there is no other light industrial site in prestigeorinduast al businesses.its features proposal location. it is convert lands ideal wthr such p ldgo , An independent member of 'The Holburn Group of Companies" 200 Baseline Road East, Bowmanville, Ontario, Canada, LiC 1A2 phone: +1 (905) 623.1484 Fax: +1 (905) 623-6702 mail @holburn.com www.holburn.com y ' - Holburn Biomedical Corporation-2 of 3 economically diverse potential to a big box retail center, combined with the adverse impact such a development would have on the surrounding lands within the light industrial employment area, may result in a lost opportunity to enhance and diversify Clarington's economic and employment base (Science Park, below). This is contrary to one of the primary objectives cited in Clarington's Official Plan, (sec. 11.2.1): to provide a variety of industrial lands to allow for the expansion and diversification of the employment base. The Scientific Research and Development Park The AYT Applications and proposed retail commercial uses are incompatible with the proposed Holburn Science Park, and the larger, 300 acre Science and Technology Park initiative. Prior to the submission of the subject Applications, the Municipality commenced the undertaking of a secondary plan study, an urban design analysis, and a master drainage plan in regard to the 300 acre area bounded by Highway 401, Haines Street, Highway 2 and Bennett Road. We understand that these studies are scheduled to be completed over the next few months. The AYT lands fall within this study area. It is contemplated that if the AYT Applications are allowed, the exclusion of these superior prestige industrial employment lands from the Science Park and the adverse economic and physical impact a big box store retail development will have on the surrounding lands will combine to effectively impede the ability to attract scientific R&D companies, including pharmaceutical companies, to the Park. The economic and social benefits to the Clarington community which would have otherwise arisen out of the initiative would not be realized. The Impact on Holburn Approximately three years ago, Holburn advised Municipal Staff and Council of its intentions to purchase lands and provide the catalyst necessary to develop a scientific research and development park. Staff and Council made it clear that they would support Holbum in its endeavours by removing "roadblocks" to development and by assisting in creating an environment required to attract similar research businesses. It was indicated to Holburn that the municipal officials were committed to providing a supportive regulatory regime, including required hard and soft services. The abovementioned studies and analysis were initiated. The Municipality assisted in identifying suitable lands for the Science Park. With the support of, and assurances from, the Municipality, Holburn decided to: (a) purchase the 50 acres fronting on Bennett Road and Highway 2, (b) rezone the property to facilitate the Science Park, and (c) arrange the financing and commence the construction of the first building: a 40,000 square foot, multi-million dollar research facility. A Division of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanvllle,Ontario, Canada, L1C 1A2 Phone: +1 (905) 623-1484 Fax: +1 (905) 623-6702 mail @holburn.com www.holburn.com Holburn Biomedical Corporation-3 of 3 It is Holburn's position that, should Council support the AYT Applications, such decision will run contrary to the Municipality's previous statements and actions, as well as to Holburn's expectations. The financial repercussions to Holbum's business and future, growth would be significant. In conclusion, for the reasons above, Holburn respectfully requests that the Municipality not allow the proposed amendments. Yours truly, I j Mark R. Frayne, Counsel and Vice-President c: David Crome, Director of Planning Services A Division of "The Holburn Group of Companies" 200 Baseline Road East, Bowmanville, Ontario,Canada, L1C 1A2 Phone: +1 (905) 623-1464 Fax: +1 (905) 623-6702 mall @holburn.com www.holburn.com Unfinished Business REPORT Leadeng the Way PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 27, 2005 Addendum to Report#: PSD-079-05 File #: PLN 37.2 By-law M Subject: BOWMANVILLE COMMUNITY IMPROVEMENT PLAN RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1 . THAT Addendum to Report PSD-079-05 be received; 2. THAT the Bowmanville Community Improvement Plan, dated June 2005 (distributed under separate cover) be approved and that the necessary By-law be passed; 3. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and, 4. THAT application to the Ministry of Municipal Affairs and Housing for approval of the Bowmanville Community Improvement Plan be submitted; 5. THAT the Directors of Planning Services and Finance be delegated authority to accept any modifications by the Minister provided they are minor in nature, and do not effect the intent of the Community Improvement Plan; and 6. THAT all interested parties listed for this report and any delegations be advised of Council's decision. C Submitted by: Reviewed by: X� W a i . Crome, M.C.I.P.,R.P.P. Franklin Wu 4. Director, Planning Services Chief Administrative Officer FL*DC*df June 21, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-079-05 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Applicant: Municipality of Clarington 1.2 Community Improvement Plan: To adopt the Bowmanville Community Improvement Plan to allow for incentives and municipal works that will improve the viability of the Bowmanville East Town Centre and help maintain the strong and high quality community life that residents enjoy. 2.0 LOCATION 2.1 The subject lands are the Bowmanville East Town Centre and some of the adjacent surrounding residential lands as set out in the schedule attached to the bylaw. 3.0 BACKGROUND 3.1 On December 15th, 2003 Council approved the preparation of a Community Improvement Plan for Bowmanville and a study area Bylaw 2003-186 as amended. The terms of reference for the study called for a community focus group, which was formed in February of 2004 and has guided the study since that time. 3.2 Prior to the undertaking of a Community Improvement Plan stakeholder groups were consulted to determine whether the residents and community were receptive to having such a study prepared, the result was very positive. The community has been kept informed of the study progress through reports in the newspaper and a newsletter. Comments received during the progress of the Community Improvement Plan have been supportive of the recommendations put forward. 3.3 This Community Improvement Plan will allow the Municipality to provide incentives to business owners and property owners in the Bowmanville Community Improvement Project Area. It also includes recommendations for works by the Municipality. 3.4 The Business Development Manager of the Clarington Board of Trade has been intimately involved in the preparation of this Community Improvement Plan and will continue to be involved in the implementation. ADDENDUM TO REPORT NO.: PSD-079-05 PAGE 3 4.0 DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT PLAN 4.1 The Bowmanville Community Improvement Plan consists of grant programs for building permit fees, site plan control application fees, heritage building fagade improvements and building code improvements. Other measures recommended in the Community Improvement Plan are enhancement of the civic square, improvements to municipal and private parking areas, capital funding for improvements located on municipal lands (such as streetscape works), ongoing liaison with stakeholder groups and the public. 4.2 Part of the implementation of the Community Improvement Plan is the ongoing co-ordination between the various community organizations, the Municipality of Clarington, the Board of Trade and Tourism Clarington. Cross-marketing amongst all these groups and other initiatives is vital to the ongoing success of the Community Improvement Plan. 5.0 PUBLIC MEETING AND SUBMISSION 5.1 At the statutory public meeting held on June 20th, 2005 there where no submissions from the public. The Bowmanville Community Improvement Plan has the endorsement of the community focus group, as presented by Ron Hooper at the meeting. In addition, the focus group provided comments about the first steps of implementation, as noted below: a) The Community Focus Group thanked Council for funding for the grant program, $25,000, was approved in the 2005 budget. The focus group are recommending that in future years the allocation to the grant program be increased given that a single address could piggy-back all the grants together and receive $26,000. Council on an annual basis, as part of the budget approval, can review the funding. b) As a priority the community focus group are recommending that the entry markers at Roegnik Drive and Mearns Avenue be installed as soon as possible. Staff can finalize the design and costing of these markers over the summer recess and determine funding sources for the project. Depending on the cost it may be possible to have them constructed out of the Community Improvement Plan funding in the Planning Services budget in 2005; otherwise a request for funding can be included in next year's capital budget. c) The focus group requested that the study regarding infill, intensification and related parking policies be initiated immediately. The first step of this study will be the drafting of the terms of reference which staff could undertake during the summer recess. Staff have already begun researching what other municipalities have done with regard to infill and intensification studies and cash-in-lieu of parking policies. ADDENDUM TO REPORT NO.: PSD-079-05 PAGE 4 d) The final item from the focus group, is that while they agree with the development charge exemptions/reductions that have been recommended, more could be done to support infill and intensification either through additional development charge adjustments or additional grant programs. The infill intensification study will provide specifics on additional funding initiatives. 5.2 A number of phone calls have been received from members of the public prior to the public meeting, most of the calls were of a general information nature when specifics of the recommendations were discussed, the callers appeared to be in support of the recommended grant programs for the most part. Property owners that attended the Open House held in April and who have spoken with Planning Staff since that time are in support of the recommendations and anxious to submit grant applications. 5.3 The Bowmanville Zoo was not included in the Bowmanville Community Improvement study area as approved by By-law 2003-186 in December of 2003. The zoo could be added as an amendment to the study area by-law and become part of the community improvement project area if Council so desired; however, at this point it would delay the approval of the Community Improvement Plan. 6.0 AGENCY COMMENTS 6.1 Letters were sent to the applicable commenting agencies on May 26th, 2005 asking for comments within a three week timeframe. No objections to the Bowmanville Community Improvement Plan have been received. 6.2 The Clarington Engineering Services Department, Durham Region Works and Durham Regional Police are in agreement with the recommendations regarding signage and streetscape improvements, they would like to co-ordinate on these initiatives. The improvement of access signage is seen as a benefit by all. 6.3 CLOCA advises that consultation with them prior to approval of any works in the valleylands or floodplain is encouraged to avoid natural heritage or hazard lands. 6.4 The Durham Region Planning Department has no objections to the CIP. They have indicated that it is in conformity with the Regional Official Plan and Community Strategic Plan. 6.5 A presentation was made to LACAC who are in support of the recommendations. Representatives of LACAC, the Accessibility Committee and Traffic Management Committee were members of the community focus group and thus many of their concerns were addressed during the study. The committees members are in agreement with the general intent of the plan and have offered their expertise in ADDENDUM TO REPORT NO.: PSD-079-05 PAGE 5 relation to the specific works that relate to their areas of interest, fagade improvements to heritage buildings and streetscape works. 6.6 The Ministry of Municipal Affairs and Housing have provided preliminary comments on the Community Improvement Plan. Their comments have been amalgamated into the final document before Council. The Minister of Municipal Affairs and Housing may require additional modifications. Providing that the modifications do not alter the intent we are recommending that Council delegate authority to accept the modifications to the Directors of Planning Services and Finance. 6.7 The changes that have been made to the community improvement plan document since the final draft are minor in nature and involve clarification of intent, grammatical and typographic corrections, etc. 7.0 COMMENTS 7.1 Based on the comments contained in this report, it is respectfully recommended that the proposed Bowmanville Community Improvement Plan be APPROVED and submitted to the Ministry of Municipal Affairs and Housing for approval. 7.2 The proposed amendment conforms to the Durham Region Official Plan and the Region has advised that the amendment is exempt from Regional Approval. Attachments: Attachment 1 — Bowmanville Community Improvement Plan (bylaw) The Bowmanville Community Improvement Plan will be circulated under separate cover. Interested parties to be notified of Council's decision Members of the Bowmanville Community Focus Group Bowmanville BBC Ron Hooper Ann Marie Halliday Justin Barry Rev. Frank Lockhart Fiona Corby Suzanne McCrimmon Garth Gilpin Mike Hubicki and Ron Albright Brendon Nightingale Clayton Morgan Larry Dekkema Bill Humber Fiona Corby ATTACHMEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to adopt Bowmanville Community Improvement Plan WHEREAS Section 28 of the Planning Act R.S.O. 1990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Community Improvement Plans thereto; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to adopt the Bowmanville Community Improvement Plan, June 2005 to allow for the implementation of grants, and other municipal works; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of Clarington enacts as follows: 1. That the Bowmanville Community Improvement Plan (as attached) be approved including Schedule A the community improvement project area; and 2. That the Clerk of the Municipality of Clarington is hereby authorized and directed to make application to the Ministry of Municipal Affairs for approval of the aforementioned Bowmanville Community Improvement Plan; and 3. This By-law shall come into force and take effect on the date of the passing hereof BY-LAW read a first time this 27th day of June 2005 BY-LAW read a second time this 27'" day of June 2005 BY-LAW read a third time and finally passed this 27'" day of June 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk milli 44 Swip 44 _F%� MIN VMS rl T y Unfinished Business #2 t • Clarl�gton Lead,ng ttie way REPORT PLANNING SERVICES Meeting: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 13, 2005 C, alo O5 PA- 7- Report #: PSD-077-05 File #: PLN 38.4.1 By-law M Subject: COMMERCIAL POLICY REVIEW AMENDMENT 43 TO THE CLARINGTON OFFICIAL PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Commercial Policy Review— Final Report, the Addendum Market Analysis, the Bowmanville West Main Central Area Secondary Plan Review Report and Staff Report PSD-077-05 be received; 2. THAT Official Plan Amendment 43 to the Clarington Official Plan as contained in Attachment 4 to Report PSD-077-05 be adopted and that the necessary by-law be passed; 3. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies that requested notification of this decision. Submitted by: Reviewed by: 6a,rid J. Crome, M.C.I.P., R.P.P. k In Wu, Director of Planning Services Chief Administrative Officer DJC*SN*DF June 9, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1 C 3A6 T(905)623-3379 F (905)623-083 REPORT NO.: PSD-077-05 PAGE 2 1.0 Introduction 1.1 The Commercial Policy Review is the first component of the Review of the Clarington Official Plan. It was initiated in response to development applications in the Bowmanville West Main Central Area which could not be considered without a "comprehensive review of the Official Plan". 1.2 The Municipality retained the firms of Meridian Planning Consulting Ltd, urbanMetrics Inc., Brook Mcllroy Ltd. and Totten Sims Hubicki to undertake the work in consultation with a staff team, collectively referred to as the Study Team. 1.3 The two major applications at the commencement of the Study were as follows: • West Diamond Properties Inc./Players Business Park Limited. (West Diamond/ Players), companies jointly controlled by Metrus Developments and the Kaitlin Group, proposing to construct 33,070 sq. m. (356,000 sq. ft.) of floorspace on the north-west corner of Highway 2 and Green Road in a phased development. • Halloway Holdings Ltd. (Holloway) proposing to construct 17,610 sq. m. (200,000 square feet) of floorspace on the north-east corner of Highway 2 and Green Road. The two development proponents have contributed funds for the Municipality to undertake the Study. 1.4 Public participation has been part of the Study process with the following activities undertaken: • A Community Stakeholder Group was established comprised of various members of the community (Attachment 1). The Community Stakeholder Group met 5 times. • Several open houses were advertised and held on the Commercial Policy Review. • The consultants met with the Bowmanville BIA in September 2004. • The consultants held a joint meeting with the Bowmanville BIA and the Community Focus Groups established for the Orono and Bowmanville Community Improvement Plans. • A Workshop was held with residents and stakeholders on April 20"' with respect to options and proposals for the Bowmanville West Main Central Area. Feedback from stakeholders was provided along the way for both the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. This is documented in both reports. 1.5 Through the Study period, there were several changes in circumstance that required additional consideration. The most significant was the application filed by AYT Corporation (AYT) proposing to construct a 54,215 sq. m. (583,580 square ft.) big box centre on a 21.85 ha site at the north-west corner of Highway 401 and Bennett Road. The initial application included a Department Store and a Supermarket, which are no longer included in their application. The amended AYT application tentatively comprises a hotel, a warehouse merchandise club, a home improvement store, 9 large format stores (20,000 sq. ft. each) and 7 restaurants. The AYT application will not be dealt with explicitly in this report but will be the subject of a separate report. t ' REPORT NO.: PSD-077-05 PAGE 3 2.0 Market Analysis 2.1 The draft Commercial Policy Review incorporated market research work undertaken by urbanMetrics Inc. and Tate Economic Research. This was summarized in a report entitled Clarington Commercial Policy Review Retail Market and Impact Analysis, dated December 17, 2004. The Addendum Market Analysis dated May 9, 2005 was prepared in part to consider the implications of the AYT application. It also refined the earlier work to address: • The proposed expansion of the Canadian Tire Store. • The revised West Diamond/Players proposal not to phase Wal-mart and Loblaws. • The Rona home improvement store on the Torgan site. • The potential for the proposed Loblaw's expansion on the Clarington Centre site for another type of space. The Addendum Market Analysis also included an estimate of the service space required. The Addendum Market Analysis is contained in Attachment 3 to this Report. 2.2 The Addendum Market Analysis tested various alternatives for various projects proceeding, either in whole or in a phased manner or with some alteration (e.g. no Home Depot on the Holloway Holdings site). It also examined substituting the AYT application for the West Diamond/Players proposal. 2.3 The market research has confirmed that there is significant opportunity for new space in the market to meet population growth and to recapture expenditures currently leaving the community. The recapture potential is particularly great in the Department Store and Home Improvement Store categories, given the current expenditure pattern of Clarington residents. It should be noted however, that recapture opportunities for a Bowmanville location will be limited by several factors. Firstly, Clarington does not have, and will not have in the foreseeable future, a major enclosed regional centre like the Oshawa Centre, with full-line department stores and other major retailers. The other significant factor is that approximately twenty-five (25) % of the population of Clarington lives in Courtice, which is on the border with the City of Oshawa, with a population that predominantly commutes to the west for work. 2.4 The new retail floorspace that would be warranted in Clarington has been quantified through the analysis of various scenarios, as follows: 2007 between 700,000 and 735.000 square feet 2010 between 850,000 and 875,000 square feet 2021 between 1,540,000 and 1,580,000 square feet There is less opportunity for new floorspace after 2007 as it is assumed that the recapture opportunities will have been exploited and further growth will be dependent on population growth. Unlike the earlier market research referred to above, which assumed no sales transfer from existing stores, the Addendum Market Analysis assumed a 10% sales transfer REPORT NO.: PSD-077-05 PAGE 4 from existing stores, which the Municipality's consultant has deemed to be a "reasonable" impact. The analysis also assumed that there would be new space developed over the study period in other parts of the Municipality which have existing designations or zoning permissions for commercial development. 2.5 The Addendum Market Analysis also reviewed service and other select retail space (liquor/beer/wine) to provide a better estimate of the total floorspace that would be warranted over the study period. Using the per capita floor space ratios and assuming a gradual increase over time from the existing 9.21 sq. ft. per capita, there is additional service and select retail space warranted as follows: 2007 77,000 square feet 2010 150,000 square feet 2021 500,000 square feet 2.6 Conclusions • There is opportunity for most of the proposed new retail and service space in the West Bowmanville Main Central Area by 2010 assuming that the AYT site is not developed during this period. This provides for development to occur in other sites in Clarington including the Torgan site, the Courtice Main Central Areas and limited development in other locations. • The Wal-mart and Loblaws stores on the West Diamond/Players site would be able to proceed in a phased manner, with Phase 1 commencing immediately and the full stores building out in 2010. • There is room for two large format home improvement stores in the Clarington market, based on the possibility of achieving a high recapture rate. With two stores however, it would lead to lower sales performance levels. If the Rona store proceeds on the Torgan site, a second store could be considered somewhere else in the Municipality. • The AYT proposal would create much higher sales impacts on the East Bowmanville Main Central Area than the West Diamond/Players site and would have very significant short term sales impacts in certain categories. Even after 2010, assuming that the other projects are approved and built, the incremental effect would result in significant sales impacts on existing businesses over the longer term as well 3.0 Commercial Policy Review 3.1 The Draft Final Report on the Commercial Policy Review was completed in December and provided for discussion purposes. The Final Report completed in May replaces the Draft Final Report, having been updated with additional market analysis, feedback from residents and businesses and further consideration by the Study Team. In addition to the market component which is outlined above, there were urban design, transportation and planning components which were included in the analysis. REPORT NO.: PSD-077-05 PAGE 5 3.2 Given its current commercial objectives and historical context, an approach which combines a range of choice with the protection of the downtowns is recommended to best serve Clarington's needs. An approach should be used which provides land use designations and policies that meet market demands yet ensures the achievement of the planned function objectives for the downtowns and the transportation/urban design objectives for the key central areas. This necessary and essential connection between the policy approach to market and the urban design/transportation objectives of Clarington is perhaps the single most important conclusion of the Commercial Policy Review. 3.3 Some of the more significant recommendations coming out of the Commercial Policy Review are as follows: • Most of the new space that is warranted should be accommodated within the existing Bowmanville West Main Central Area and a proposed westerly expansion to incorporate the West Diamond/Players lands, provided that land use, market, urban design, and transportation issues are satisfactorily addressed. • From an urban structure perspective the preferred policy approach is to concentrate commercial uses in existing urban areas. The existing Central Areas are central to a growing population and form "nodes" along Clarington's main street. Potential commercial development should be focused, not dispersed. Among other things, it will provide better opportunities for transit and an opportunity to create a strong sense of place and identity. • The "Central Area" nomenclature is dropped; Main Central Areas are referred to as Town Centres or Village Centres. Town Centres are distinguished by being larger in size, having a greater density and greater range of uses. • The Bowmanville West Town Centre and the Bowmanville East Town Centre would collectively function as a regional centre. While Bowmanville West Town Centre will function as a developing centre able to accommodate larger stores within a pedestrian-oriented grid street system, Bowmanville East Town Centre will continue to function quite distinctively as a historic Downtown and East Business District focusing on smaller-scale retail personal service and office uses. • The Downtowns of Bowmanville, Newcastle Village and Orono are extremely important historical resources that define the character of Clarington. The primary reason for phasing the development of commercial floor space is to provide for the ongoing health of the historic downtowns and to protect their planned function. • Positive municipal policies, strategies and initiatives should be used to foster the health of downtowns and should specifically provide for redevelopment and intensification. The Municipality should investigate all means to encourage and provide incentives for redevelopment and intensification. REPORT NO.: PSD-077-05 PAGE 6 • In new development areas, such as the Bowmanville West Town Centre, restrictions on certain types of uses and retail store maximums and minimums may be imposed to focus specialty retail and service uses in historic downtowns. At grade office uses are an example of facilities that may be limited. • Given the significant amount of space proposed to be developed or potentially available through intensification in Bowmanvillle West Town Centre, phasing by means of population thresholds is recommended. Local Central Areas and Neighbourhood Commercial Areas are to be combined into the category of Neighbourhood Centres and provide for a range of centres between 500 and 5,000 square metres. • Smaller commercial centres are redefined as Corner Stores and would be permitted in Residential Areas through the rezoning process. • The role of Highway Commercial Areas is retained. • The Municipality should maintain the current prohibition of drive-throughs in historic downtowns and extend it to appropriate adjacent areas. In other areas of the Municipality, appropriate regulations should be enacted. There would be somewhat different regulations in differing parts of the Municipality; Highway Commercial Areas would be treated differently from Town or Village Centres. • Service Station policies were reviewed and amended to ensure the location and design of stations is consistent with the urban structure and design goals. There would be recognition that there are prominent intersections which should preclude gas stations primarily for urban design reasons where a gateway or corner treatment is important. • It is recommended that the policy which provides for the redesignation of industrial lands for retail warehouses by amendment to the Official Plan be eliminated. The only exception that could continue to be considered by amendment would be home improvement centres. • A key objective of the Official Plan to ensure that King Street/ Durham Highway 2 can maintain its function as a "main street' through Town and Village Centres is confirmed and the development of a grid road system is critical to maintaining the established vision and function. • The importance of good urban design policies is reinforced and general urban design guidelines were identified for new development areas and historic downtowns. REPORT NO.: PSD-077-05 PAGE 7 4.0 Proposed Amendment 43 4.1 Proposed Amendment 43 incorporates the recommendations of the Commercial Policy Review. In certain instances, the initial recommendation needed to be refined as the actual amendment was drafted. For example, the consolidation of Local Central Areas with Neighbourhood Commercial Areas was appropriate in most circumstances. However in the Port of Newcastle, it was deemed appropriate to create a separate policy designation that was similar to the existing Local Central Area framework. It provided for a greater mix of uses, retained the existing use permissions and amplified the urban design policies for a better integration with the Tourism Node policies. 4.2 Proposed Amendment 43 also incorporates amendments to all of the existing Secondary Plans (except for the Bowmanville West Main Central Area) to reflect the changes to the Official Plan and incorporate other recommendations from the Study Team. 4.3 The Courtice Main Central Area Draft Secondary Plan has not been addressed due to time constraints. This matter will be addressed separately at a later date. 5.0 Conclusion 5.1 The Commercial Policy Review has undertaken a comprehensive examination of the Municipality's approach to commercial planning. In general, a somewhat more flexible approach is recommended with respect to the allocation of commercial floor space to different centres across the Municipality. It will allow the market to function to the extent that it will benefit consumers but at the same time, provide for high quality urban environments and create a sense of place. It is recognized that historic downtowns are important to the Municipality's character and identity. They are fragile and must be nurtured by positive municipal policies and strategies to ensure their health and vitality and ongoing redevelopment. It is still recommended that floor space thresholds linked to population growth be maintained for the Bowmanville West Town Centre with modification to reflect the updated market analysis. 5.2 Although most of the new space is recommended to occur in the Bowmanville West Town Centre, there must be opportunities for other designated centres to develop in accordance with their planned function and some space is provided for this purpose. This includes the Highway Commercial District in Bowmanville and the Courtice Town Centre, as well as a variety of Neighbourhood Centres. It is also important and prudent to provide for future growth potential for ongoing redevelopment opportunities, particularly for the Bowmanville East Town Centre, as provided for in Amendment No. 36. Again some new space is reserved for this purpose. 5.2 It is recommended that Council adopt proposed Amendment 43 to the Clarington Official Plan. t REPORT NO.: PSD-077-05 PAGE 8 Attachments: Attachment 1 - Community Stakeholder Group Attachment 2 - Commercial Policy Review — Final Report • May 30, 2005 (under separate cover) Attachment 3 - Addendum Market Analysis — Clarington Commercial Policy Review • May 2005 (under separate cover) Attachment 4 —Amendment No. 44 to the Clarington Official Plan Attachments listed under separate cover are available for review in the Clerks' Department. List of interested parties to be advised of Council's decision: Henry Joseph N. Gummon Ari Yasa Otto Provenzano Ron Worboy S. Fraser B. Westerman Bill Hinbert Beth Kelly, Valiant Property Mgmt. Doug Finnson and Terri Bickwell-Potts Bob Hann, Valiant Property Mgmt. Duncan McPherson John Vanderkooi Trevor Small Eileen Costello, Aird & Berlis LLP Ellen Cowan Gwen Wallace Peter Vogel Lyn Townsend, Lynda Townsend-Renaud Law Ray and Joyce Atkinson Brent Clarkson, MHBC Planning Limited Margaret Zwart Heather Muir Ira Kagan, Kagan, Shastri, Barristers & Sol. Carol Duffy Brian Fraser Bruce Curl Mark Rowe Jim and Suzanne Gregory Rudi Van Wijngaarden Stan Stein, Osler Hoskin & Harcourt Paul & Anne-Marie Halliday Todd Gibbon John Huber Bill Humber James Scarth Linda Moore John and Lilian Bouma Ron Hooper B. Haines George Kloos Lilly T. Hinton Richard Lange Mary-Ann Kalotai Leroy Clarke Diane James Ted Watson Costantine Bruno Hannu Halminen, Halminen Homes Limited Richard Rekker Jennifer Stone, This Week Newspapers Alan Vaillancourt Brian O'Connor Mavis Carlton Richard Marchant Rick Hofstede David Butler, The Butler Group Inc. The Greater Toronto Transit Peter Smith, Bousfields Inc. Robert DeGasperis, Metrus Properties Inc. Bryce Jordan. G.M. Sernas Associates Yolanda Gjaltema Carmela Cupelli John & Lillian Bouma Scott Houghton Marvin Green, River Oaks Group Nancy Lewis Kathy Pandell. Geoffrey L. Moore &Associates Ltd. Maryann Fines Marianne Zwyers E.C. Braham Lakeshore Group Sue Sedlak Carmine Cupelli REPORT NO.: PSD-077-05 PAGE 9 George Ibanez Anthony Turnbull Lawrence Hellinga Evelyn Rosario R. Tukker Suzanne McCrimmon, Clarington Board of Trade A. Sorg Jim Russell Bryan MacLean John Shewchuk, Royal LePage Frank Real Estate Linda Hallett and George loanidis Paul Wilson Doug Woods Philip Brent Frank W. Lockhart Peter Walker, Walker Nott Dragecivic Associates Limited J. Sproatt Steve Zakem, Aird & Berlis LLP Mike Dome Scott Arbuckle, Planning & Engineering Initiatives Ltd. Celeste Terry, Durham Regional Planning David Crowell, A & P Properties Limited Gail Rickard Terry and Phyllis Price James Vinson Roslyn Houser, Goodmans LLP Ian Smith Rick Gay, Gay Company Limited ATTACHMENT Community Stakeholder Group Anthony Turnbull Newcastle Village BIA Bill Humber Resident Bryce Jordan Valiant Property Representative Celeste Terry Durham Regional Planning Evelyn Rosario Orono BIA Gail Rickard Resident Gene Chartier Durham Regional Transportation Ian Smith Courtice Business Group James Vinson Resident Don MacArthur Council Representative Michael Patrick Clarington Board of Trade Peter Smith Metrus Properties Representative Ron Hooper Bowmanville BIA Jim Schell Council Representative Suzanne McCrimmon Clarington Board of Trade Ted Watson Resident AI IAUHMtN14 AMENDMENT NO. 43 TO THE CLARINGTON OFFICIAL PLAN May 31, 2005 PURPOSE: To implement the recommendations of the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review. Amendment 43 amends The Clarington Official Plan, The Bowmanville East Main Central Area Secondary Plan, The Courtice Sub-Central Area Secondary Plan, The Newcastle Village Main Central Area Secondary Plan and the South-West Courtice Secondary Plan. BASIS: This Amendment is based on the Clarington Commercial Policy Review: Final Report — Recommended Policy Changes dated May 30, 2005 and the Bowmanville West Main Central Area Secondary Plan Review dated May 30; 2005 prepared by Meridian Planning Consultants Inc., the supporting analysis by market, urban design and transportation and engineering sub-consultants and further reviewed by municipal staff. ACTUAL AMENDMENT: The Clarington Official Plan The Clarington Official Plan is hereby amended as follows: 1. By adding a new Section 4.2.9 as follows:- "4.2.9 To minimize light pollution from existing and new development." 2. By adding a new Section 4.3.6 as follows: "4.3.6 The Municipality will seek to minimize light pollution by: a) developing lighting standards for all forms of development to ensure community safety while minimizing negative impacts from lighting; b) utilizing appropriate street-lighting; and c) retrofitting existing street-lighting luminaries over time." 3. In Section 9.3.5, a) by deleting the number "100" in Sub-section a) and replacing it with the number "500'; b) by deleting the words "is not located on" in Sub-section c) and replacing them with the words "does not have direct access to"; C) by de{Fling lll�C WUPu ,a{i u SL c ciu ::i .„:. S3C.:�•• inserting it at the end of Sub-section c); 1 c) by adding the following new sub-section: "d) parking shall be located at the side or rear of the building." 4. By deleting Table 9.2, and replacing it with a new Table 9-2 as follows: Table 9.2 Housing Targets by Neighbourhoods - Urban Area - Housing Units Neighbourhoods Low Medium I High Intensification Total Courtice- - Ni Town Centre 0 0 250 100 . 350 N2 West Shopping District 0 0 0 350 350 N3 Worden 1175 125 0 100 1400 N4 Highland 1225 1D0 0 75 1400 N5 Glenview 550 535 0 - 50 1135 N6- Hancock 850 100 0 25 975 N7 Avondale 825 200 0 275 1300 N8 Emily Stowe 1475 - 275 0 550 2300 N9 Penfound 1075 75 D 75 1225 N10 Darlington 450 25 0 383 858 N11 Bayview 1150 300 125 50 1625 N12 Farewell Heights' - - TOTAL 8775 - 1735 375 2033 12918 Bowma nville N7 East Town Centre 0 700 225 275 1200 N2 West Town Centre 0 250 1500 0 - 1750 - N3 Memorial - 975 0 250 350 1575 N4 Central . 425 125 75 75 '700 N5 Vincent Massey 1025 2D0 0 175 1400 N6 Apple Blossom 13D0 225 0 125 1650 N7 - Elgin 1025 200 50 _ 150 1425 N8 Fenwick 1325 525 0 100 1950 N9. Knox - 1450 300 175 . 125 2050 N10 Northglen 975 250 50 50 -1325 N11 Brookhill 1325 350 0 75 1750 N12 Darlington Green 700 175 0 - 125 - 1000 N13 Westvale 1025 375 275 75 - 1750 N14 Waverly 1075 275 50 75 1475 N15 Port Darlington - 550. 450 175 25 1200 TOTAL 13175 4400 2825 1600 22,200 Newcastle Village NI Village Centre 0 100 50 75 225 N2 Graham 1075 100 0 100 1275 N3 Foster - 1450 200 0 125 1775 N4 Port of Newcastle 500 325 250 0 1075 NS North Village 1050 250 0 50 1350 N6 Wilmot 960 0 0 0 960 TOTAL 5035 975 300 350 6660 5. In Chapter 10, by deleting the words "Central Areas" in the title and replacing them with the words "Town, Village and Neighbourhood Centres". - 6. In Section 10.1.1, by deleting the words "Central Areas" and replacing them with the words "Town and Village Centres". 7. In Section 10.1.2, by deleting the words "other types of specialized commercial uses to meet the needs of residents"and by replacing them with the words "a full range of choice in goods and services for local residents and businesses." 8. In Section 10.1.3, by deleting the words "and direct them to appropriate locations" and replacing them with the words "in an appropriate manner." 9. By adding the following new section: "10.1.4 To protect and foster the role of downtowns." 10. In Section 10.2.1, by deleting the words "Main Central Areas" and replacing them with the words "Town Centres (East and West)". 11. In Section 10.2.2, by deleting the words "Central Area" and replacing them with the words "Town and Village Centre". 12. In Section 10.2.3, a) by deleting the words "Central Areas" and replacing them with the words "Town, Village, Neighbourhood and the Port of Newcastle Harbourfront Centres'; b) by deleting the word "and" between the words"parks" and "walkways" and replacing with a comma; and, c) by adding the words "and building forms and styles that reflect the character of the community" at the end of the sentence. 13. In Section 10.2.5, by adding the words "and auto-oriented building forms" to the end of the sentence. 14. By adding the following new section: 10.2.6 To provide opportunities for and to encourage future intensification and infill with new development." 15. In Section 10.3, by deleting the words "for Central Areas'; from the section's title. 16. By deleting Section 10.3.1 in its entirety and replacing it with the following new section: "10.3.1 Town and Village Centres, Neighbourhood Centres, Highway Commercial Districts, the Courtice West Shopping District and the Port of Newcastle Harbourfront 3 Centre are shown on Map A, with population allocations indicated on Map E." 17. By renumbering Section 10.3.2 as Section 10.4.5 and by making the following changes to the renumbered Section 10.4.5: a) by deleting the words "Central Areas" in the first sentence and replacing them with the words "Town and Village Centres"; b) in Sub-section c) by inserting the words "municipal squares," before the words "pocket parkettes" and by inserting the word "street-related buildings," after the words "pocket parkettes"; c) in Sub-section d) by deleting the words "Central Areas' and replacing them with the words "Town and Village Centres'; and d) by adding the following new sentence at the end of the Section: "Urban Design principles will be further elaborated through the urban design guidelines for specific Town and Village Centres as set out in the Official Plan. Development shall comply with area specific urban design guidelines:" 18. By adding a new Section 10.3.2 as follows: 10.3.2 No new Town or Village Centre, Shopping District or Highway Commercial District or expansion to any of these Centres or Districts shall be permitted unless approved as part of the comprehensive review of the Official Plan. New Neighbourhood Centres may be designated through a neighbourhood planning process" 19. By deleting Sections 10.3.3 to Section 10.3.6 inclusive; 20. By adding a new Section 10.3.3 as follows: "10.3.3 Applications to amend the Official Plan to expand significantly any Town, Village or Neighbourhood Centre, Shopping District or Highway Commercial District or to designate any new Neighbourhood Centre may require a retail impact study, as determined by Council in their sole discretion, to assess the impact on the planned function of Town and Village Centres. The retail impact study shall be prepared by an independent consultant retained by the Municipality at the expense of the applicant." f4 i 1 M1 r. 4\. 21. By SCdil°�g a f �YJ .7e4'tOfY i'v.S.-'�, as �G��otti:>: A "10.3.4 The ongoing health and vitality of Town and Village Centres, in particular the historic downtowns, will be encouraged by: a) phasing major retail growth in accordance with population growth in Clarington; b) municipal investment in public infrastructure; c) municipal programs to encourage private sector investment in redevelopment and the restoration and adaptive reuse of historic buildings; d) participation in appropriate programs of senior levels of government; e) preparation of community improvement plans; f) fostering and assisting merchant groups and associations; and g) encouraging joint marketing efforts." 22. By adding a new Section 10.3.5 as follows: "10.3.5 Signage is recognized as an integral part of good community design and image. It is municipal policy that: a) the design and scale of signage shall complement rather than dominate the landscape: b) it shall be incorporated as an integral part of a building or site layout wherever possible: c) it will not unduly detract from the overall visual attractiveness of the built environment for both pedestrians and motorists; and d) it will be designed and located so as not to be hazardous for either pedestrians or motorists. More specific guidance regarding signage shall be provided through urban design policies and the Municipality's Sign By-law. Special signage requirements may be defined for the historic downtowns and other unique areas of the Municipality." 23. By adding a new Section 10.3.6 as follows: 10.3.6 As part of the Municipality's program of streetscape improvements, developers of commercial properties will be encouraged to assist in the creation of a high quality, public realm through contributions to street tree planting Fnd street furriture in addition to landscaping improvements on private lands." 5 24. Section 10.3.7 is renumbered as Section 10.4.6 and amended as follows: a) by deleting the words "In the review of development applications" and replacing with the words "In Town or Village Centres where detailed urban design guidelines have not been prepared". b) by deleting the words "for Central Areas" and replacing them with the words "of 10.4.5". c) by adding the words and punctuation "through the review and approval of development applications." After the words "shall be implemented". d) -by deleting from Sub-section c) the word "and" now between the words "commercial" and "residential" and by adding the words "and community use" before the words "shall be achieved". e) in Sub-section d) by adding words"with particular regard to screening parking areas visible to the street, providing shade for pedestrians and mitigating heat island effects" at the end of the clause. f) by inserting a new Sub-section (f) and (g) as follows: "f) lighting impacts will be minimized; g) energy efficient design and orientation which maximizes the use of alternative or renewable energy such solar and wind energy and the mitigating effects of vegetation will be encouraged wherever possible;" and by renumbering all subsequent Sub-sections of the renumbered Section 10.4.6 accordingly. g) in renumbered Sub-section (h) by adding the words "wherever possible and in all other situations within separate buildings of similar design to the principal building on the lot" at the end of the clause. h) in renumbered Sub-section (i) by deleting the word "and" after the word "unobtrusive" and adding the words and punctuation "anticipated noise impacts will be mitigated,the areas will be". 25. In Section 10.4, by deleting the words "Main Central Areas"in the title and replacing them with the words "Town and Village Centres". 26. In Section 10.4.1, a) by deleting the words "Main Central Areas shall be planned and in the first sentence and replacing them with the words "Town and Village Centres shall be 6 b) by deleting the words "activities within the Municipality"; and replacing them with the words "activity in each communk with the Town Centres". c) by deleting the words "They shall" in the second sentence" in and replacing them with the words "Town and Village Centres will"; 27. By deleting Section 10.4.2 in its entirety, and by replacing it with a new Section 10.4.2 as follows: 1110.4.2 Each Town and Village Centre will have a distinct character and function generally in accordance with the following: a) Town Centres will be larger in scale, provide goods and services for a large segment of Clarington's population and will develop with a higher overall density than Village Centres; b) Bowmanville Town Centres (East and West) will be planned and developed as a centre of regional significance providing the highest level of retail and service uses and shall be the primary focal point of cultural, community, recreational and institutional uses in Clarington; c) Village Centres will be smaller in scale, be developed at similar densities as the historic downtowns and shall serve primarily local needs for goods and services; and d) Town and Village Centres will maintain and enhance the historic character of each community." 28. By adding a new Section 10.4.3 as follows: "10.4.3 The Municipality will seek to achieve the following targets for Town and Village Centres: J1,000 ntre Gross Leasable Maximum Floor Floor Space for Space Index Retail and Service Uses ville East 70,000 1.5 ntre ville West 100,ntre 30,000 1.5 ntre 0.75 le 15,000 entre 5,000 0.4 I village Centre 7 The maximum floor space index shown in Table 10.1 is the maximum floor space permitted on a net development parcel." 29. By deleting Section 10.4.4 in its entirety, and by replacing itwith the following new Section 10.4:4: "10.4.4 Town and Village Centres shall be comprehensively developed in accordance with Secondary Plans which shall encourage and provide for: a) residential and/or mixed use developments in order to achieve higher densities and reinforce the objective of achieving a diverse mix of land uses; b) redevelopment and intensification with a wide array of Uses within the Town or Village Centre; and c) other uses that are complementary to the intended commercial functions." 30. By adding a new Section 10.4.7 as follows: 10.4.7 Drive-through facilities are not desirable in Town and Village Centres. Drive-through facilities will be prohibited in certain areas and appropriately regulated in other areas to minimize impacts on roads and the pedestrian environment, to ensure compatibility with adjacent uses and to achieve the built-form objectives of this Plan and the Secondary Plans. The following policies shall apply to the development of drive-through facilities where they are permitted: a) any drive-through facility must be located on a lot sufficiently sized to accommodate all activities associated with the drive-through facility; b) all buildings containing drive-through facilities shall be oriented to the primary street frontage. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; c) drive-through facilities shall be sufficiently separated from residential uses to avoid issues of land use compatibility; d) a drive-through facility will have sufficient dedicated stacking lane to prevent vehicles from interfering with on-site and off-site vehicular circulation; and e) any additional policies as may be contained in Secondary Plans." 31. By renumbering Section 10.4.3 as "Section 10.4.8" and: a) by deleting the words "Main Central Area" in the first sentence and replacing them with the words "Town Centre"; h� by Ha!etln0 the second sentence in its entirety and. by replacing it with the following new sentence: R "Detailed land use policies for the Courtice Town Centre will be provided for in a Secondary Plan." 32. In Section 10.5, by deleting the words "Sub-Central Areas" in the title and replacing them with the words "Courtice West Shopping District". 33. By deleting Section 10.5.1 in its entirety, and by replacing it with the,following revised section: 10.5.1 The Courtice West Shopping District serves the surrounding urban areas through the provision of uses which complement the Courtice Town Centre including retail, service, office, residential, cultural, community and recreational uses:' 34. By deleting Sections 10.5.2 and 10.5.3. 35. By adding new Sections 10.5.2 and 10.5.3 as follows: 10.5.2 In conjunction with the adjacent lands in the City of Oshawa, the Courtice West Shopping District shall be developed and function primarily as a shopping district serving portions of the Oshawa and Courtice urban areas. 10.5.3 Specific development policies and land uses shall be provided for in the secondary plan for the Courtice West Shopping District. All proposed development shall comply with the provisions of Section 10.4.6 c) to k).". 36. In Section 10.6; by deleting the words "Local Central Areas"in the title and replacing them with the words "Neighbourhood Centres", 37. By deleting Section 10.6.1 in its entirety, and by replacing itwhh the following new section: "10.6.1 Neighbourhood Centres are to serve as focal points for residential communities and provide for day to day retail and service needs. They shall be planned and developed in a comprehensive manner. The maximum amount of gross leasable floorspace in any one Neighbourhood Centre shall be 5,000 square metres 38. In Section 10.6.2, a) by deleting from the first sentence, the words "Local Central Areas shall develop as mixed use areas containing commercial, residential" in the first sentence and replacing them with the words Neighbourhood Centres are intended to be developed with adjacent areas as transit nodes containing higher density residential uses and wherever possible '; and 9 b) by deleting the second sentence. 39. In Section 10.6.3, a) by deleting the first sentence and replacing it with the following: "An appropriate range of retail and service uses will be identified in the Zoning By-law in accordance with the following: a) uses will be appropriate to be located in proximity to adjacent residential areas; b) uses will be limited in scale; c) drive-through restaurants will not be permitted; and d) mixed-use development will be encouraged.", and b) by deleting Table 10-1 in its entirety. 40. By deleting Section 10.6.4 in its entirety and by replacing it with the following new Section 10.6.4: "10.6.4 In the review of development applications, the following site development and urban design criteria will be implemented: a) a floor space index for retail uses on any site not exceeding 0.30; b) a maximum combined floor space index of 0.50 where there are second storey office or residential uses; c) with the exception of a grocery store/supermarket, a maximum of 400 square metres of gross leasable floor area for any individual store; d) street-related building forms are preferred but as a minimum direct pedestrian access will be provided from the street to some stores within 4 m of the streetline; e) compliance with Section 10.4.6 b) to i); and f) provision of a public square in accordance with Sections 10.6.5 and 10.6.6.° 41. In Section 10.6.5, a) by deleting the words "Local Central Areas" in the first sentence and replacing them with the words "Neighbourhood Centres"; b) by deleting the words "for the community" in the first 10 c) by deleting the words "For those Local Central Areas with a public square requirement on Table 10-1, a publicly- accessible square shall be constructed either as a public parkette or as part of a commercial development." from the . second sentence and replacing them with the words "Public squares will be designed as a high quality urban environment with such amenities as.appropriate paving, landscaped areas, benches, refuse containers, bicycle stands, lighting, public art and other elements that enhance the social and physical environment." 42. By deleting Section 10.6.6 in its entirety and replacing it with the following: "10.6.6 Public squares shall be constructed either as a public parkette or as part of a commercial development with the right of the public to access the square secured by appropriate means. Public squares are required at the following Neighbourhood Centres: • Bloor/Prestonvale • Liberty/Longworth • Regional Road 57/Concession Road 3 • Concession/Mearns • Port of Newcastle Any new Neighbourhood Centres identified by amendment to this Plan." 43. By deleting Section 10.7 in its entirety and replacing it with the following: "10.7 Port of Newcastle Harbourfront Centre" 10.7.1 The Port of Newcastle Harbourfront Centre is identified on Map A4. The Harbourfront Centre shall be planned and developed as a community focal point and part of the tourism node at the Port of Newcastle. The Harbourfront Centre will be a high quality urban environment that builds on the existing natural setting, marina and park development and views of the waterfront. 10.7.2 Within the Harbourfront Centre a variety of uses are permitted which are compatible with the marina and District Park including multiple residential, retail and services uses, professional offices, a small hotel, places of entertainment, and recreational, cultural and community facilities. Retail uses will be appropriate for and scaled to meet neighbourhood or tourism needs. The hcte! shall be appropriately designed and scaled for a small town harbourfront location. The maximum 11 number of multiple residential units in the Harbourfront Centre is 250. 10.7.3 The Harbourfront Centre shall be developed to the highest design standard. In the review of development applications, the following urban design and site development criteria shall be implemented; a) buildings should be harmonious in form and architectural style, have a consistent setback from the street and valley, and shall be oriented to provide views of the waterfront and the marina; b) buildings will have a maximum height of five storeys on the front and/or street facades; c) the maximum floor space index for any site shall not exceed 0.75; d) a safe, well-defined pedestrian walkway system will link to the Waterfront Trail, the marina area and the District Park with attractive landscaping and signage to enhance the pedestrian experience; e) a consistent design and use of materials will be used for all signage, benches and light fixtures throughout; f) convenient parking areas shall be screened by landscaping; g) loading spaces shall be strategically located to minimize the visual and noise disturbances and all refuse containers shall be fully enclosed; and h) outdoor amenity areas associated with residential development shall be designed with quality landscaping, safe pedestrian walkways, appropriate lighting and other elements to enhance the overall character of any residential development. 10.7.4A public square shall be designed as an integral component of the Harbourfront Centre. It shall serve as a neighbourhood gathering place and a centre of attraction for tourists. The public square shall be. designed and developed in accordance with the following: a) it shall comply with public square provisions of Sections 10.6.5 and 10.6.6; b) it shall be located in association with commercial and hotel uses; c) it shall be physically defined by building facades; and d) it shall provide opportunities for views, vistas and pedestrian linkages to the surroundings area." 44. by oeie'iing Se(AUjl 'i 0.1 '1) ii8 eiiiiie y. 12 45. By renumbering Section 10.9 as Section 10.8, by renumbering the Sub-sections of renumbered 10.8 accordingly, and by deleting the words"Highway Commercial Areas' from the title to Section 10.8 in the Section and replacing them with the words "Highway Commercial Districts". 46. By deleting the text of the renumbered Section 10.8.1 and replacing it with the following: "Highway Commercial Districts are to serve the specialized needs of residents on an occasional basis. Highway Commercial Districts generally require large parcels of land to accommodate certain types of large format retailers, which require exposure to traffic and may require outdoor storage and display. Permitted uses may include motor vehicle sales and service establishments, home improvement centres, large format home furnishing stores and other similar large format retailers, garden centres and nurseries, restaurants, motels, hotels, and service stations, but do not include motor vehicle body shops, department stores,food stores, banks and warehouse merchandise clubs." 47. In the renumbered Section 10.8.2, a) by deleting the word "Areas" in the first sentence and replacing it with the word "Districts; b) in clause c) Bullet 1 by adding a "semi-colon" at the end; c) in clause c) Bullet 2 by adding a "semi-colon" at the end; d) in clause c) Bullet 3 by adding a "semi-colon" and the word "and" at the end; e) in clause d) by deleting the word "and" at the end of and replacing it with a "period", and f) by deleting clause e). 48. In the renumbered Section 10.8.3, a) by deleting the word "Areas" from the first sentence and replacing it with the words and figures "Districts in Section 10.8.2"; b) by deleting clauses d);f) and g) and renumbering clause e) as clause "d)"; and c) by adding a new clause e) as follows: "e) compliance with the provisions of 10.4.6 c) to I)." 49. In renumbered Section 10.8.4, by deleting the word "Areas"from the first sentence and replacing it with the word "Districts". 50. By deleting renumbered Section 10.8.5 in its entirety. 51. By renumbering Section 1U.1U as Sectiar� U.g by delEUUg iii( second sentence and by replacing R with the following: 13 1 "Service stations are establishments which primarily sell gasoline and associated automotive products. A service station may include accessory uses such as the repair of vehicles, a car wash, restaurants, and a small convenience store." 52. In renumbered Section 10.9.2, a) by adding the word "that" after the word "provided"; b) by deleting Sub-section a) and replacing it with the following; "a) a maximum of one (1) service station may be permitted at any intersection, with the exception that in a Highway Commercial District or Employment Area a maximum of two (2) service stations may be permitted diagonally opposite each other at any intersection;" c) by deleting Sub-section b) and replacing it with the following new Sub-section b) as follows; "b) it is not adjacent to or opposite schools or public recreation facilities;" d) in Sub-section c) by deleting the words "locations shall" and replacing them with the words"it does". e) by deleting Sub-section e), and replacing it with the following: "e) primary access is taken from an arterial or collector road; and" f) by adding a new Sub-section f) as follows: "f) it has no undue adverse effect on adjacent residential uses." 53. By deleting the renumbered Section 10.9.3 and replacing itwith the following: "10.9.3 Notwithstanding Section 10.9.2 a), service stations will not be permitted at prominent intersections in Town or Village Centres or other locations which Council deems to have important visual significance for gateways to communities." 54. By renumbering Section 10.9.4 as 10.9.5 and by adding a new Section 10.9.4 as follows: "10.9.4 Service stations will be designed with the following considerations: a) high quality architectural design, landscape treatment and fencing with particular attention to corner treatment; 14 b) lots should be sufficiently large to accommodate the proposed uses and provide appropriate buffers to adjacent uses; c) access points to each site shall be limited in number and shall not impede traffic flows. Internal access to adjacent commercial properties shall be provided wherever possible; d) convenience retail uses shall be sensitively designed to the context, have high quality finishes facing the street, generally have less than 250 square metres of floor area, generally be sited on the street corner; and in urban areas provide direct pedestrian access from the sidewalk; e) ancillary drive-through facilities are prohibited in Town and Village Centres and in all other areas will be sufficiently separated from residential uses; f) garbage will be accommodated internally or within a separate and fully enclosed structure with architecture that matches the principle building; g) fencing, landscaping and architectural treatments, and other appropriate measures will be used to mitigate any noise impacts identified by a noise study; h) signage shall be minimized;and i) lighting and glare will be minimized in accordance with municipal policy and appropriate road authority requirements." 55. In Section 11.5.2, by deleting the words "Large.scale retail warehouses" from the last sentence and by replacing them with the words "Home improvement centres", and by deleting the words "subject to the provisions of Section 10.9.5". 56. In Section 12.4.1, by adding the words "service stations" after the words "arts and craft shops in the third sentence, and by adding the following new sentence at the end of the Section: "Service stations shall also be subject to the policies of Section 10.9 of this Plan." 57. In Section 16.2.5, by adding the following after the first sentence. `The marina area.is to be fully integrated with the designated Harbourfront Centre and shall be developed in accordance with the following: P1 an integrated system of publicly accessible walkways will connect the Harbourfront Centre with the marina area, the District Park and the Waterfront Trail; 15 b) the marina development will be fully integrated with the District Park with complementary recreation facilities and amenity areas, joint access arrangements and shared parking facilities; c) the marina clubhouse will have complementary architectural style and form, and shall incorporate common streetscape elements and landscape themes with the Harbourfront Centre development; and d) off-season boat storage shall be only permitted immediately adjacent to the marina." 58. In Section 16.10.1, by deleting the number "10.9" and replacing it with the number and words "10.4, and the provisions of the Bowmanville West Town Centre Secondary Plan". 59. In Sub-section 16.10.1 a), by deleting the words "notwithstanding the provisions of Section 10.9.1,". 60.. In Sub-section 16.10.1 b), a) by deleting the word "the" before the word "development" and replacing it with the word "any' b) by deleting the words "of any part of Special Policy Area H" after the word "development'; c) by deleting the words "said centre and lands" and replacing them with the words "the facility including the lands on which it is located"; d) by adding a period after the word "fee"; and e) by adding the words "This requirement is" before the words "exclusive of other" in the last sentence. 61. In Sub-section 16.10.1 c), by deleting the words"in Special Policy Area H" and "to be prepared and approved by the Municipality" 62. In Section 17.2.1,by deleting the words "Main Central Area" from the first, second and third sentences and by replacing them with the words "Town Centre". 63. In Section 19.5.4, a) by deleting the words "Main and Sub-Central Areas and the Orono Local Central Area shall reflect" from the third sentence and by replacing them with the words 'Town and Village Centres"; b) by deleting the words "reflect the" in the third sentence and by replacing them with the words "be consistent with"; c) by deleting the words "East Main Central Area" in the last sentence and by replacing them with the words 'Town Centre`; 16 e) by deleting the words "Main Central Area" after the words "Newcastle Village" in the last sentence and by replacing them with the word "Centre'; and f) by deleting the words "Local Central Area" in the last sentence and replacing them with the words "Village Centre". 64. By adding a new Section 19.5.5 as follows: "19.5.5 The Municipality will undertake a streetscape improvement program with particular attention to Town and Village Centres, the Regional Transit Spine on Highway 2, and gateway locations to each urban community." 65. By adding a new Section 19.6.3 as follows: "19.6.3 Notwithstanding the above provisions, on the future Brookhill Boulevard, private individual accesses to detached and semi-detached dwellings and street townhouses will not be permitted." 66. By adding the words "including roads"to the end of Sub-section 23.4.3 a). 67. By amending Map A2 Land Use: Courtice as shown on Exhibit "A 68. By amending Map A3 - Land Use: Bowmanville as shown on Exhibits "B" and "61". 69. By amending Map A4 — Land Use: Newcastle Village as shown on Exhibit"C". 70. By amending Map A5 — Land Use: Orono as shown on Exhibit 71. By amending Map B3 — Transportation: Bowmanville as shown on Exhibit"E". 72. By amending Map E1 — Neighbourhood Planning Units: Courtice as shown on Exhibit"F". 73. By amending Map E2 - Neighbourhood Planning Units: Bowmanville as shown on Exhibit "G". 74. By amending Map E3 — Neighbourhood Planning Units: Newcastle Village as shown on Exhibit "H". Bowmanville East Main Central Area Secondary Plan The Bowmanville East Main Central Area Secondary Plan is hereby amended as follows: 17 1. By renaming the Secondary Plan as the "Bowmanville East Town Centre Secondary Plan" 2. By deleting all references to "East Main Central Area" and replacing them with the words "East Town Centre" and by deleting all references to "West Main Central Area" and replacing them with the words "West Town Centre". 3. By deleting Section 4.2. and replacing it with the following: "4.2 This Plan provides for approximately 70,000 square metres of retail and service floorspace, generally as follows: a) Downtown 30,000 square metres b) East Business District 40,000 square metres" 4. By renumbering the existing Section 4.5 as Section 4.6. 5. By inserting a new Section 4.5 as follows: "4.5 Future studies will be undertaken to determine the intensification potential within the East Town Centre for additional residential and commercial development, consistent with emerging Provincial policy and the historic character of the community." 6. By adding a new Section 4.7 as follows: "4.7 For the purpose of Section 10.9 3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King Street with Liberty Street, Simpson Avenue and Mearns Avenue are prominent intersections which Council deems to have important visual significance." 7. In Section 5.2, by deleting the word "personal" before the word "service". 8. In Section 5.3, by deleting the word "personal" before the word "service" and by adding the words "and the portion of the East Business District west of Liberty Street" such that Section 5.3 reads as follows: "5.3 Notwithstanding the above, no drive-through retail or service establishments are permitted in the Street-Related Commercial Area in the Downtown and the portion of the East Business District west of Liberty Street 9. By deleting the title of Section 6 and replacing it with the title "General Commercial Area". 10.In Section 6.2, by deleting the word "personal' before the word "service". 11.By deleting the word "and" at the end of Sub-section 7.3 c). 12.By renumbering Sub-section 7.3 d) to Sub-section 7.3 e). 13.By adding a new Sub-section 7.3 d) as follows: 7.3 d) additions should enhance the pedestrian character of the streetsc3ne and" 18 14.By deleting the title of Section 9 and replacing it with the title "Parks and Squares„ 15.By renumbering Section 9.3 as Section 9.4. 16.By adding a new Section 9.3 as follows: "9.3 The Municipality will endeavour to enhance the social and physical environment of the Downtown by creating a larger, functional civic square in proximity to the Municipal Administrative Centre." 17.In Section 10.5, by adding the words "and private corporations" after the words "senior levels of government". 18.In Sub-section 12.3 b), by adding the words "and architectural" after the words "historic 19.By amending Map A- Land Use Downtown by deleting the words "East Main Central Area" from the title block and replacing them with the words "East Town Centre". 20.By amending Map B — Land Use East Business District as shown on Exhibit "I" The Courtice Sub-Central Area Secondary Plan The Courtice Sub-Central Area Secondary Plan is hereby amended as follows: 1. By deleting the title of the Plan and replacing it with the following new title, "Courtice West Shopping District Secondary Plan". 2. By deleting all references to the "Courtice Sub-Central Area" and replacing them with the words "Courtice West Shopping District". 3. In Section 4.2, by deleting the words and figures "permits a maximum of 28,000 square metres" and replacing them with the words "provides for approximately 30,000 square metres". 4. By adding a new Section 4.5 as follows: "4:5 For the purpose of Section 10.9 3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersection of King Street with Varcoe Road/Darlington Boulevard is a prominent intersection which Council deems to have important visual significance." 5. In Section 5, by deleting the words "Primary Commercial Area" and replacing them with the words "General Commercial Area". 6. In Section 5.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". 19 7. In Section 6.2, by adding a fifth bullet and the words "drive-through development in accordance with the policies contained in Section 10.4.7 of the Official Plan". 8. In Section 8.1, a) by deleting the words and figures "Section 10.3.2 of the Official Plan"and replacing them with the words "Section 10.4.5 of the Official Plan"; b) by deleting the words and figures "Section 10.3.7 of the Official Plan"and replacing them with the words "Section 10.4.6 of the Official Plan"; and c) by deleting the words "Primary Commercial Area" and replacing them with the words "General Commercial Area". 9. By amending Map A as shown on Exhibit "J". The Newcastle Main Central Area Secondary Plan The Newcastle Main Central Area Secondary Plan is hereby amended as follows: 1. By deleting the title of the Plan and replacing it with the title "Newcastle Village Centre Secondary Plan". 2. By deleting all references to "Main Central Area" and replacing them with the words "Village Centre". 3. By deleting all references to "King Street" and replacing them with the words "King Avenue". 4. In Section 1.1, by deleting the words "in the eastern portion" and replacing them with the words "to the east of the historic downtown". 5. In Section 4.2, by deleting the words "permits a maximum of 15,000 square metres of retail and personal service floor space by 2016" and replacing them with the words and figures "provides for approximately 15,000 square metres of retail and service floorspace". 6. In Section 4.3, by deleting the word "Neighbourhood" after the words "Port of Newcastle" and replacing it with the words "Harbourfront Centre". . 7. By adding a new Section 4.6 as follows: "4.6 For the purpose of Section 10.9 3 of the Official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King Avenue with North Street, Mill Street and Arthur Street are prominent intersections which Council deems to have important visual significance." 8. In Section 5.1, by deleting the number "10.3.2" and replacing it with the number "10.4.5". 4. By deleting the title of Section 6 and replacing it with the title "General Commercial Area". 20 10.In Section 6.2, a) in the first bullet, by deleting the words "retail, personal services and offices" and replacing them with the words "retail and service uses"; b) by changing the second bullet and text to be the third bullet and text and by adding a new second bullet as follows: "professional offices"; and C) in the changed third bullet, by adding after"service stations" the following words "subject to the provisions of Section 10.9 of the Official Plan". 11.In Section 6.3, a) by deleting the words "Strip Commercial Area" and replacing them with "General Commercial Area" b) by deleting the words "conform with the site development criteria of Section 10.8.3" and replacing them with the words "conform to the site development criteria of Section 10.4.6". 12. In Section 7.2, a) by deleting the second bullet "retail, service and office uses" and replacing it with the bullet worded "small-scale retail and personal service uses"; b) by deleting the third bullet "retail, service and office uses" and replacing it with the bullet worded "professional offices". 13.By adding a new Section 7.3 as follows: 7.3 Notwithstanding the above, no drive-through facility shall be permitted in the Mixed Use Area." 14.By adding a new Section 7.4 as follows: "7.4 Redevelopment within the Mixed Use Area will generally comprise the conversion of existing residential structures subject to the following criteria: a) the existing residential fagade of a house will be maintained with any additions at the rear or side of the dwelling; b) all effort will be made to restore and preserve the historic character of dwellings identified as heritage buildings on Map A; c) all development and redevelopment will maintain the established building setback and reinforce the pedestrian character of the street by providing streetscape enhancements and pedestrian amenities; d) parking will be located at the side or the rear of the property behind the front fagade of the building. In no case shall parking be permitted in the front of the building; e) consolidation of smaller land parcels will be encouraged; and g) all development will comply with Section 10.4.6 c) to i) of the Official Plan." 15. In Section 11.3, by deleting the words "Section 10.3.2 of the Official Plan, the site development criteria of Section 10.3.7 of the Official Plan" and replacing 71 them with the words "Section 10.4.5 of the Official Plan, the site development criteria of Section 10.4.6 of the Official Plan". 16.In Section 12.1, by deleting the Section and replacing it with the following: "12.1 Council shall ensure the continued safe and efficient traffic operations on King Avenue and subject to budgetary approval, may consider the following measures: a) improving road geometry, rationalizing lane arrangements, installing raised centre medians where appropriate and other design modifications; b) widening sidewalks and incorporating streetscape enhancements to improve the pedestrian environment; c) reviewing regulations for on-street parking; d) adding additional traffic signals or traffic control devices; e) encouraging the relocation of undesirable private accesses; and f) investigating the designation of King Avenue as a controlled access road under the Municipal Act, 2001, and the closing of private accesses." 17.By adding a new Section 12.4 as follows: 12.4 The Municipality may require a traffic impact study for any proposal for development or redevelopment to ensure that it does not negatively impact operation, safety and capacity of the road network." 18.By amending Map A — Land Use as shown on Exhibit"K' The South-West Courtice Neighbourhood Secondary Plan The South-West Courtice Neighbourhood Secondary Plan is hereby amended as follows: 1. by amending Map A— Land Use as shown on Exhibit "L" [©7 _ 3,y ME Af . ���� 41. 4 ��• � •%%�lj� jjjjjj� } s j \1Z� ° - 10 O j. r � _ J foo 00 -� Delete ... O © ;. ISM lK a q nJ �) yti It J >Y � 1`Llrr„ I'M t r �ir� rM ot EXHIBIT "B1 " To Official Plan Amendment No. 43 r Relocation of "Neighbourhood Park"Symbol , ■ Adjust"SecondaryPlan Area Boundary" '- r ■ From"Urban Residential" Q { ` ' and"Environmental z O Protection"to"Town Centre � ", �`,�� ■ LEI b Of From"Main Central Area" To"Urban Residential" T. From"Environmental Protection" M To"Urban Residential" r �x ` From"Environmental Protection" � To"Town Centre" nH a 4 � tC ixYa'�k� O £ } From"Highway Commercial" To"Town Centre" UM I■ O From"Urban Residential" To"Town Centre" ' O O ■ ' O O O I M M O M • 0 EXHIBIT "C" To Official Plan Amendment No. 43 16 IfdA I'i M �I d ' y--- SGEfYI l MAE Y[fY1 NiG E\F �L � � O DW 7= *. 9 ® M i O , LAKE ONMRIO ° URBAN BOUNOARY ENVIRONMENTAL PROIELRON AREA ® RE URU ® GREEN SPACE URBAN SDEMML URBAN RESIOEN WATERFRONT GREENWAY ® T1EE RfdRGO Or WRIWI Rename from MEDIUM DENSRY 'Main Central Area" RESICENRAL COMMUNITY PART( to'Village Centre" VIIIAGE CENTRE ® ammo PARK Rename from H°RBDURFRONT CENTRE NEIGHBOURHODD PARK "Local Central Area"to UGW PUBLIC INDUSTRIAL ARFA SECONDARY SCHOOL "Harbourfront Centre" SEPARATE �� SECONDARY SCHOOL w PUBLIC uucmogTAY SCHOOL SEP /r sEP�M MAP A4 ELEME d NTARY SCHOOL -• SPECIAL POLICY AREA LAND USE SEGONOAm, NEWCASTLE VILLAGE URBAN AREA PIANNING AREA OFFICIAL PLAN o m Mn Roo. TOURISM NODE MUNICIPALITY OF CLARINGTON JUNE 1] EXHIBIT "D" To Official Plan Amendment No. 43 REGIONAL ROAD .� • Rename from '• "Local Central Area" to "Village Centre" 3 • � 1 Rename from L� "Neighbourhood Commercial" s to "Neighbourhood Centre" URBAN BOUNDARY • •n �•�•....•• �< O URBAN RESIDENTIAL VILLAGE CENTRE NEIGHBOURHOOD CENTRE HIGHWAY COMMERICAL `? ENVIRONMENTAL • • PROTECTION AREA GREEN SPACE SOMMERALLE DR. • �'✓ __ •....• ' :.�.-� _ COMMUNITY PARK ..� • DISTRICT PARK PUBLIC ••', • ELEMENTARY SCHOOL go ••••.•...• SPECIAL STUDY AREA 3 00 000060 0 v.s MAP A5 LAND USE ORONO URBAN AREA OFFICIAL PLAN 0 200 400 600 800 m MUNICIPALITY OF CLARINGTON 200 m JUNE 13. 2005 EXHIBIT "E" To Official Plan Amendment No. 43 a E [ � i "I 0 200 400 600 B00 m I : 200 m CONCESSION -ROAD 3 -i e I _AVENUE..-- - Ir ...........` DELETE COLLECTOR ROAD I � ..... .. •' 1V4 CONCESSION STREET ADD COLLECTOR ROAD '� �I Ar 444 �F-- ' KING STREET z z' C TT z m: m_ I VI ,FF BASELINE ROAD i 407 � �`........• `. , [ J 6 LAKE ONTAR/O URBAN BOUNDARY MAP 133 FREEWAY TRANSPORTATION E TYPE A ARTERIAL BOWMANVILLE URBAN AREA K TYPE B ARTERIAL - ---------- TYPE C ARTERIAL OFFICIAL PLAN EXISRNG FUTURE COLLECTOR ROAD MUNICIPALITY OF CLARINGTON t FREEWAY INTERCHANGE ------ REGIONAL TRANSIT SPINE JUNE 13, 2005 S4_=S w..+ INTER-REGIONAL REFER TO SECTION 19 000000000 O TRANSIT UNE THIS CON50UDATION IS PROVIDED FOR CONVENIENCE ONLY `� GRADE SEPARATION Iw GO STATION NO REPRESENTS REOUESTEO NODIRCAIOONS AND APPROVALS EXHIBIT '"T" To Official Plan Amendment No. 43 Rename from "Sub-Central Area" to "Courtice West • I 1 1 Shopping District" FAR 1 � 4 I� i w o.0)J H(4100)D 5 6 G COCK I NASH ROAD ��(5100) (291 2 SHOP� Rename from 1 URHAM HIG Y< 1 "Main Central Area" L. 10 TOWN to "Town Centre" iDARUNGTO p DIT / (2100) EMILY 7 " 1 STO AVONDALE 9 (61 � p � URBAN BOUNDARY i PENFOUND (3500) W NEIGHBOURHOOD BOUNDARY 1 (1 000) RoPUUnoN (1/) SEE SECTION 17.6 W a to BLOOR STREET 31 1 1 oI BAYwEw i (4500) I i I 0 200 400 600 800 m 2000 1 BASELINE ROAD HIGHWAY 401 I z C I N,Q 1 MAP E1 I NEIGHBOURHOOD PLANNING UNITS , COURTICE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JUNE 13, 2005 LAKE OWARIO REFER TO SECTIONS 5 AND 9 , EXHIBIT "G" To Official Plan Amendment No. 43 1 I REVISE "WEST TOWN I 10 CENTRE" BOUNDARY NORI HGL (3 50) 9_ 2 ID CONCESSION ROAD 3 / 2aD m N 8 CHANGE POPULATION FENM 1 FROM "5000"TO"4500" (5500 o w � ¢ w m h J 010 $ 7 0000, 11 ELGIN 62 ROOKHI ('I000) APPLE BLO OM (4750 4500) o � a 4 h CONCESSION STREET � 2 CENTRAL KING (2000) 5 m I WEST OWN VINC W SSEY 5 12 TOWN CENTRE CENTRE 4400 DARLINGTONI (2�. T 14 (z3oD) I WAVERLY 1 13 (4200) I I o CHANGE FROM "EAST MAIN W CENTRAL AREA" TO"EAST CHANGE POPULATION TOWN CENTRE" I F FROM "3350"TO "4000" BASEUNE ROAD CHANGE FROM "WEST MAIN HIGHWAY 401 I CENTRAL AREA"TO"WEST �T TOWN CENTRE" CNF z1 ' \ ORT DARUNGT mL (3200) T ILA/(£ ONTARIO MAP E2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPAUTY OF CLARINGTON --—— URBAN BOUNDARY JUNE 13, 2005 REFER TO SECTIONS 5 AND 9 NEIGHBOURHOOD BOUNDARY nns ccRSOUwt PROWDED FDR coRVEHiO+c[011Y (1 000) POPULATON OND REPR SE R REW6 E0 "ODiFlG IX5 ARD dGROVNS EXHIBIT "H" To Official Plan Amendment No. 43 Rename from "Main Central Area" to "Village Centre" I f 1 5 NORTH VILLAGE I / (3900) i i C P.R. ' 1 3 = w FOSTER 4 N (51 0) N KING AVENUE If ENTF E(L O n GRAHAM lk (3700) HIGHWAY 6 V1`C.N.R. f WILMOT (1600) r ff PORT NEWCASTLE. (2800) • URBAN BOUNDARY LAKE ONTARIO NEIGHBOURH0O0 BOUNDARY (1000) POPULATION MAP E3 NEIGHBOURHOOD PLANNING UNITS NEWCASTLE VILLAGE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JUNE 13, 2005 0 200 w0 coo 800 m REFER TO SECTIONS 5 AND 9 200 m • . • • w � f j .... MAN ON I 1 101 "+awirs Y7f C"" ......... °•.C. C............N _ �\ ..��...� ......:::C'.. - o. ... m..°..EE.E... HIMIMINUMM HMMU 001 r. HOU I H-eC HON MM - I ®, �. j'�YOPI•i'i'i 0. L�••M•M•i •�'i'i'POO•Ni'i0! • ,Oi'i'00•'•'i'i'i'Oi YP�• • '��` Ci'i000'di'i'i'� • _ �•DYYYY.'•'.� •f�•f•�•�•fffi � .000'•O'•O • � ii'i'Oi'i0 • C�'i'iNi'iS sbOA9�' "i'i'i•p"i� i •rN'^a,t � i �'tVY4\'•�L\N `4\� ® •...... .r. M. •. iii f \\ ............._ ____ • y4\ • Ntt • _ • •• •• `'+ioi ti.. \•�.v........i MNUM '�N•A 4\44\ ♦. �•�1 • • ::I, • • . I -• • • �eEEU. g_ _ — •. F. :"_'Eeeeeee7 Ee:aEe.e9e.^.E • • 0.600•iiii•.: ... EE :: •• •.- .`,. po•.�.fee ... TV — ° ' • • EXHIBIT "L" To Official Plan Amendment No. 43 J - PLANNING AREA BOUNDARY BLOOR 5T,i / FUTURE URBAN RESIDENTIAL 1 NEW _�BLOOR 3, O LOW DENSITY RESIDENTIAL 1 MEDIUM DENSITY RESIDENTIAL 1 1 � HIGH DENSITY RESIDENTIAL , O NEIGHBOURHOOD PARK .•�• : OLD BLOOR STREET i PARKETTE ENNRONMENTAL O • �. ......... O"4"• PROTECTION AREA a •'P i � STORM WATER FACILITY GRANDNEW . i 1 1 ` ® PUBLIC 1 1 C SECONDARY SCHOOL DRIVE PUBLIC • ELEMENTARY SCHOOL W ••., 1 R SEPARATE z ..... ••'_•-••--_•'____•--- ---------•,, O ® ELEMENTARY SCHOOL 1 ' •' D , NEIGHBOURHOOD CENTRE 1 2 ' ••Rename from UTILITIES 1 a "Convenience Commercial" Q HERITAGE HOUSE o ' ------------i �;' to "Neighbourhood Centre" ARTERIAL ROADS TYPE A ................. .. J ARTERIAL ROADS TYPE 8 SOUTHGATE ' � �,.. I — — ARTERIAL ROADS TYPE C •••------ COLLECTOR ROADS ♦ LOCAL ROAD ACCESS INTERSECTION IMPROVEMENT y: ......•• • PEDESTRIAN AND ••� •. _'• �, I 4 BICYCLE ROUTES 1 'ham 1 , 1 1 \ I / Rename from "South / West Courtice" to ST4 0%- Tayview Neighbourhood" Fti C, F y�cs ANA yU�S�v AA/LWq y MAP A 9J- LAND USE ROB BASELINE ROAD BAYVIEW NEIGHBOURHOOD SECONDARY PLAN i JUNE 13, 2005 1 Unifinshed Business 013 Clarin n Leading the Way REPORT PLANNING SERVICES Meeting: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 13, 2005 G9n- `ZIo-7-06 Report #: PSD-078-05 File #: PLN 38.4.1; By-law #: COPA 2002-002; COPA 2002-009 Subject: BOWMANVILLE WEST MAIN CENTRAL AREA SECONDARY PLAN REVIEW AMENDMENT 44 TO THE CLARINGTON OFFICIAL PLAN AND RELATED APPLICATIONS BY HALLOWAY HOLDINGS LIMITED AND WEST DIAMOND PROPERTIES INC. /PLAYERS BUSINESS PARK LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Bowmanville West Main Central Area Secondary Plan Review Report, the Workshop Summary for Bowmanville West Main Central Area Secondary Plan and Staff Report PSD-078-05 be received; 2. THAT Official Plan Amendment 44 to the Clarington Official Plan as contained in Attachment 4 to Report PSD-078-05 with the modifications as contained in Attachment 5 be adopted and that the necessary by-law be passed; 3. THAT Council resolves that a further public meeting is not necessary; 4. THAT the application to amend the Clarington Official Plan (File COPA 2002-009 ) submitted by Halloway Holdings Limited be approved in part through Amendments 43 and 44; 5. THAT the application to amend the Clarington Official Plan (File COPA 2002-002 ) submitted by West Diamond Properties Inc and Players Business Park Limited be approved in part through Amendments 43 and 44; 6. THAT the application to amend the Clarington Official Plan (File No. COPA 2000-003) submitted by Loblaw Properties Ltd. to expand the Clarington Centre to permit an additional 37,200 square feet expansion to the existing supermarket be denied; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 f Y 1 REPORT NO.: PSD-07805 PAGE 2 7. THAT notice of Council's decision be forwarded to the Region of Durham and all persons or bodies that requested notification of this decision. Submitted by: Reviewed by: t —j D vi J. Crome, M.C.I.P., R.P.P. klin Wu, Director of Planning Services Chief Administrative Officer DJC"sn June 10, 2005 REPORT NO.: PSD-078-05 PAGE 3 1.0 Introduction 1.1 The Commercial Policy Review (CPR) provided for a second phase of study, which was linked to consideration of private development applications in the Bowmanville West Main Central Area and the adjacent lands designated Highway Commercial and Special Policy Area H. This second phase of work reviewed the existing Bowmanville West Main Central Area Secondary Plan and provided recommendations to update the Secondary Plan policies. 1.2 The two major commercial development applications at the commencement of the Study were as follows: • West Diamond Properties Inc./Players Business Park Limited (West Diamond/ Players), companies jointly controlled by Metrus Developments and the Kaitlin Group, proposing to construct 33,070 m2 (356,000 sq. ft.) of floorspace on the north- west corner of Highway 2 and Green Road. • Halloway Holdings Limited (Halloway) proposing to construct 17,610 sq. m. (200,000 sq. ft.) of floorspace on the north-east corner of Highway 2 and Green Road. In addition Loblaw Properties Ltd. (Loblaws) had submitted a proposal for the expansion of their existing store in Clarington Centre which necessitated an Official Plan Amendment. 1.3 Public participation for the Secondary Plan portion of the Study consisted of a workshop which was held with residents and stakeholders on April 20th, 2005.There were over 75 participants including residents, developers and retailers. The workshop included a review of the background planning, market and transportation issues but focused on the urban design options for the Bowmanville West Town Centre. The workshop used precedent images of large format retail development and mix use areas as success stories with potential application in Bowmanville. Three options were presented for the purposes of discussion of alternatives for development. Break-out groups participated in a facilitated discussion of the possibilities for the Bowmanville West Town Centre. 2.0 The Existing Secondary Plan 2.1 The existing Secondary Plan for the Bowmanville West Main Central Area is a product of a series of development applications, studies and an extended Ontario Municipal Board hearing in 1993. A comprehensive study of the entire Bowmanville area was undertaken in 1992/1993 which looked at both the east and west areas of Bowmanville. A retail market impact study was also completed. The purpose of the study was to find mechanisms and formulate policies which would accommodate a wide range of land uses, ensure the viability of what is now referred to as the Bowmanville East Main Central Area and establish urban design guidelines for the new Bowmanville West Main Central Area. 2.2 The Secondary Plan approved by Council provided that new retail development in the west should be phased based on population growth and the development should occur f { REPORT NO.: PSD-078-05 PAGE 4 within the structure of a grid road system. The area was to be developed with a retail focus around Clarington Boulevard, a north-south commercial street for pedestrian- oriented retail uses. The urban design guidelines aimed at creating a strong streetscape to allow the West Main Central Area to develop more of an urban quality as development occurred over time. 2.3 The OMB, in approving the Secondary Plan, noted in its decision that two different but related issues needed to be addressed with the development of the Bowmanville Main Central Area: the impact on the downtown, and, if extended, what form would the extension take? The OMB concluded that the west was not an extension of the east and that the two areas should remain as separate areas but should be complementary. The OMB recommended thresholds for commercial development and new land use designations. They also noted that the grid road system was an extremely important element of the urban structure. 2.4 The existing Secondary Plan for West Bowmanville provides for the development of a mix of higher density uses and the integration of residential, employment, cultural and community uses that can serve as a focal point of activity, interest and identity for Clarington residents. There are three main goals: • It is to complement the strengths of the East Main Central Area to create a strong and vibrant centre. • The physical framework through a system of street and public spaces is to allow for more intensive development over time. • It will have a high quality of architecture and urban design to create a sense of place and foster social interaction. 2.5 The West Main Central Area Secondary plan provides policies focusing on retail around the Clarington Boulevard/Highway 2 intersection. The lands on all four quadrants are designated Retail Commercial although the release of development rights is controlled through a threshold mechanism linking warranted floorspace to population growth. Office Commercial Areas are identified on the south- west and south-east corners of Regional Road 57 and Highway 2. Medium and High Density housing areas are located in the southerly portion of the West Main Central Area along the St. Lawrence and Hudson (CP) railway line. The current housing targets are for a total of 1,750 units — 250 medium density and 1,500 high density. A future GO Rail station site is also planned and the lands have been acquired by the GO system operating authority. Various community and recreation uses are planned or built, including a secondary school, two churches, and several parks. 2.6 The existing Secondary Plan provides relatively general urban design principles dealing with a variety of issues including: • Creating a character reflective of the primary role of the area — providing a commercial, residential and community focus for the Bowmanville West Main Central Area through a variety of landscaping and architectural features and treatments; • Fostering pedestrian accessibility among all parts of the area including the existing and future adjacent residential communities; REPORT NO.: PSD-078-05 PAGE 5 • Ensuring an appropriate separation from the railway corridor; and, • Facilitating the implementation of transit and accessibility to the proposed GO stations from all parts of the community. In addition, the Plan provided for urban design guidelines which were prepared and subsequently revised in 1999. 3.0 The Proposed Secondary Plan 3.1 Proposed Official Plan Amendment 43 proposes to rename the Bowmanville West Main Central Area as the Bowmanville West Town Centre. The conclusions of the Commercial Policy Review Study (CPR) lead to an expansion of the land area in the Bowmanville West Town Centre, new floor space limits based on population growth and the market reports, revised transportation facility requirements and more detailed urban design policies to be included in the Secondary Plan. The proposed changes to the Secondary Plan are detailed in Official Plan Amendment 44. 3.2 The conclusions of the CPR support the redesignation of the West Diamond/Players lands immediately to the west of Green Road for inclusion as part of the Bowmanville West Town Centre. Given the market support and provided the urban design and transportation goals can be achieved, these lands represent the most appropriate location for new commercial uses. The Study notes throughout that market, land use, urban design and transportation objectives must be considered comprehensively. Without all components being addressed satisfactorily, the Municipality may wish to consider other options. A standard big-box centre as part of the new Bowmanville West Town Centre is not appropriate and is not supported. Similarly, the transportation infrastructure must be in place or arrangements made to ensure that the transportation infrastructure will be in place shortly for this development to proceed. Lastly, there can be no undue market impacts that detrimentally impact the Town and Village Centres, in particular the historic downtowns. This leads to the recommendation for phasing of floorspace. 3.3 Land Use Some of the more significant recommendations regarding land use are as follows: • The Retail Commercial designation is split into two designations; General Commercial and Street Related Commercial. The General Commercial designation would accommodate larger format retail activities. The Street Related Commercial designation would provide specific areas dedicated to smaller scale, pedestrian- oriented retail and personal service uses. • In the General Commercial designation, hotels and convention centres and residential dwelling units are deleted as permitted uses. • In the Street Related Commercial designation, stores are limited to a maximum of 800 sq. m. (8,600 sq. ft.) and drive-through facilities are not permitted. REPORT NO.: PSD-078-05 PAGE 6 • Only two full service financial institutions are permitted. • Medical offices, business, professional and administrative offices are permitted only above the ground floor. • The Home Depot store proposed on the Halloway Holdings site is not consistent with the planning and urban design vision for the Bowmanville West Town Centre and the policies are clarified in this regard. (There is further discussion on this issue in Section 4.1) • The permission for the food store and other retail uses in the Office Commercial area on the south-west corner of Highway 2 and Regional Road 57 is deleted. The store specific use permission has not been built since it was approved by the OMB over a decade ago. • The High Density Residential designation has been split into two designations; Low Rise High Density Residential (6 storeys or less) and Mid Rise High Density Residential (12 storeys or less). • Energy efficient building and site design is strongly encouraged. 3.4 Thresholds and Allocations Drawing upon the conclusions of the Commercial policy Review, the Retail Market and Impact Analysis Report and the Addendum Market Analysis Report discussed in Report PSD-077-05 respecting Official Plan Amendment 43 as well as the recommendations of the Bowmanville West Main Central Area Secondary Plan Report, Official Plan Amendment 44 establishes target retail and service floor space thresholds related to the projected population growth of Clarington in the future. The purpose of these thresholds is to ensure that the development of retail and service floor space in the Bowmanville West Town Centre will proceed incrementally and in a fashion that sufficient population exists in Clarington to support the continued viability of the Town and Village Centres and to ensure ongoing redevelopment potential within the Bowmanville East Town Centre. The development of retail and service floor space in the Bowmanville West Town Centre is not to exceed the target threshold of 65,000 sq. m. of gross leasable area when the population of Clarington is 85,000 persons, expected to be reached in 2007. The target threshold is not to exceed 75,000 sq. m. of gross leasable area when the population of Clarington reaches 91,000 persons, expected to be reached in 2010. Official Plan Amendment 44 calls for a new comprehensive Official Plan review to take place. Before additional retail and service floor space can be provided after the Clarington population exceeds 91,000 persons. REPORT NO.: PSD-078-05 PAGE 7 Official Plan Amendment 44 also provides for the allocation of specific amounts of retail and service floor space in the Bowmanville West Town Centre to most of the lands designated for General or Street-Related Commercial including the lands for which applications for Official Plan and Zoning By-law Amendments have been made. The allocation of retail and service floor space made to the West Diamond/Players lands is limited to the applicant's initial phase 1 development proposals for the Wal-mart and Real Canadian Superstore components. An allocation of additional retail and service floor space for phase 2 of these projects is deferred by Official Plan Amendment 44 until the population of Clarington reaches 91,000 persons. This will provide additional protection against unacceptable sales transfers from existing businesses in Clarington occurring before there is necessary supporting population in Clarington. 3.5 Transportation Network TSH undertook a strategic review of transportation requirements for the area based on their earlier work in 1998, a review of the traffic reports submitted by the development proponents and discussions with the Study Team. The main transportation network currently proposed for the Bowmanville West Town Centre is based on King Street/Durham Highway 2 (Highway 2), Regional Road 57 and Green Road serving as designated arterial roads. These roads in turn are served by a system of collector roads and local streets in a grid road pattern with blocks to provide access throughout the area. The development of the grid road system is critical to the established vision and function of Highway 2 as a "main street" through the Bowmanville West Town Centre. The minor roads making up the grid allow for flexibility in access and internal traffic circulation, and alternative routing for local trips. When fully developed, the grid system will facilitate a reduction in traffic demand along Highway 2, and specifically a potential reduction in the turning movements at the signalized intersections. The strategic transportation review considered the residential areas to the north and south of the Bowmanville West Town Centre, and the need to provide alternative routes to complement the major arterial roads. The north-south grid road links extend from the West Bowmanville area into the northerly areas and intersect with the proposed Brookhill Boulevard and the planned extension of Longworth Avenue. The strategic transportation review also considered linkages between the commercial and residential areas, future transit service and routing, emergency access, school transportation requirements, and the desired flexibility in route choice for commercial and residential traffic. Addressing those transportation requirements in a system context, has confirmed and defined the role and function of Highway 2 as a "main street" according to the vision established by the Official Plan. As retail commercial growth occurs it will be critical to ensure that transportation network capacity can accommodate new growth in an efficient manner. REPORT NO.: PSD-078-05 PAGE 8 Within the Bowmanville West Town Centre, the transportation infrastructure required to support continued growth includes intersection improvements along Highway 2, including signalization at Boswell Drive and Green Road, and the completion of various links that form a grid road network. The review considered the Municipality's plans to construct the grade separation and road improvements for Green Road. The internal roads that are currently planned to complete the grid include the extensions of Uptown Avenue, Clarington Boulevard, Prince William Boulevard, and Boswell Drive, as well as the construction of Brookhill Boulevard between Boswell Drive and Regional Road 57. 3.6 Urban Design The planning framework for the Bowmanville West Town Centre requires a strong commitment to creating a strong sense of place with a mix of uses. In order to achieve this there needs to be a clear urban design vision and policies for the Bowmanville West Town Centre. The consultant has recommended that the existing Secondary Plan and Urban Design policies be amended to incorporate the following: • Urban Design Principles — broad statements of the intent and key aspects of design. • Detailed Site Design Criteria — policies related to a variety of site development issues including parking, buffering, landscaping, pedestrian access, service areas and signage. • Building Design Policies— policies dealing with elements of building form and design. • A Demonstration Plan and Illustrated Urban Design Policies showing the application of the principles, criteria and policies. This plan would be exemplary rather than regulatory. The proposed Official Plan Amendment 44 incorporates the following urban design principles as objectives in Section 3 of the Secondary Plan: • A distinct sense of place. • A connective street network. • Pedestrian access. • Urban street edge. • Plan for infill. • Environmentally sustainable development. Other urban design policies are included in Section 13 of the Plan. Detailed site design criteria include policies governing the street and movement network, building orientation and site layout, surface parking areas, landscape buffers, pedestrian areas, and pedestrian entrances among other things. Building design policies address building facades, glazing, corner buildings, building materials, and drive-through design. 1 I , REPORT NO.: PSD-078-05 PAGE 9 The consultant has recommended that the Demonstration Plan and Illustrated Urban Design Policies be incorporated as Schedules to the Secondary Plan. 3.7 Implementation Policies Implementation policies have been strengthened by adding a new section on the use of Holding Symbols. ,Since certain lands will be rezoned in advance of the completion of site plans, Holding Symbols will be placed on new development sites. In order to lift the Holding Symbols applicants will need to demonstrate that the proposed development successfully implements the urban design policies and the market, land use and transportation objectives of the plan. In particular satisfactory arrangements are required to be made with the Municipality with respect to specific public and private roads defined in the plan. The site plan policies are strengthened by requiring site plans to "comply with" rather than simply to have regard for. 4.0 Current Applications 4.1 Halloway Holdings 4.1.1 Halloway Holdings submitted an application on July 21, 2003 to amend the Official Plan and the Zoning By-law to permit: • A 98,641 sq. ft. Home Depot store with an 18,648 sq. ft garden centre at the north- west corner of Uptown Avenue and Clarington Boulevard • 59,880 sq. ft. of additional large format commercial floorspace; and, Three retail pads along Highway 2 totaling 19,348 sq. ft. The application covers a 6.92 hectare parcel on the north-east corner of Green Road and Highway 2 (Attachment 6). A site plan application was received on May 17, 2005, which has been circulated to relevant agencies for comment. The intention is that Home Depot would sever most of the eastern half of the property. 4.1.2 The application to amend the Clarington Official Plan proposes to: • Delete the Uptown Avenue extension between Clarington Boulevard and Green Road; and, • Amend the retail commercial thresholds in the Bowmanville West Main Central Area Secondary Plan to permit all of the proposed commercial floorspace. 4.1 .3 It is recommended that the Uptown Avenue extension through the Halloway Holdings site be maintained in accordance with the current plan. This extension is a logical continuation of the existing grid street network providing east-west movements to the arterial road system, local access to development parcels and opportunities for long term intensification. It provides a important secondary role to the new proposed Brookhill Boulevard, carrying less traffic than originally anticipated but providing for both pedestrian and vehicular movements between shopping and recreational areas. r , REPORT NO.: PSD-078-05 PAGE 10 4.1.4 Staff and the consultant do not support the development of a Home Depot store in this location. Uptown Avenue is to develop into a strong retail pedestrian environment connecting the north and south residential areas. Street related commercial uses of limited scale and size are most appropriate here. Home Depot is a quasi-industrial use with outdoor storage and display, on-site trucks for delivering construction materials and the internal and external storage of bulk materials requiring the use of tow motors. It's location near the Cineplex and the High School are not consistent with type of urban environment planned and committed to through existing infrastructure. Provision is made for home improvement centres in Highway Commercial Districts and possibly in certain industrial areas. 4.2 West Diamond/Players 4.2.1 West Diamond/Players submitted their initial applications on February 1, 2002. On February 10, 2003, they submitted revised applications to amend the Official Plan and the Zoning By-law to permit: • A 111,135 sq. ft. Wal-Mart store, with a subsequent Phase 2 expansion to 151,135 sq. ft.; • A 142,641 sq ft. Real Canadian Superstore (Loblaws) with a subsequent Phase 2 expansion to 164,000 sq. ft.; • 40,550 sq. ft. of smaller retail and service stores along the Highway 2 frontage; and, • A Loblaws brand gas station with a convenience store and car wash at the north- west corner of Highway 2 and Green Road. The application covers a 12.11 hectare parcel on the north-west corner of Green Road and Highway 2 (Attachment 6). No site plan application has been received to date, although several pre-consultation meetings have been held and a preliminary site plan has been submitted. The intention is that the lands will be divided and Wal-Mart and Real Canadian Superstore would own separate parcels with West Diamond/Players retaining the majority of the Highway 2 frontage lands for the smaller retail and service stores. The original application provided for phasing both the Wal-Mart and the Real Canadian Superstore. The application was amended on March 9, 2005 to eliminate the phasing and construct both the Wal-Mart and the superstore to their ultimate sizes immediately. In addition, discussions with the applicant indicate that the Loblaws store may be larger than originally anticipated. 4.2.2 The application to amend the Clarington Official Plan proposes to: • Delete Boswell Drive extension north of Highway 2; • Delete Uptown Avenue extension between Green Road and Boswell Drive; • Expand the Bowmanville West Main Central Area boundary to include the subject lands; • Designate the lands for commercial purposes in the Bowmanville West Main Central Area Secondary Plan; and, • Amend the retail commercial thresholds in the Bowmanville West Main Central Area Secondary Plan to permit all of the proposed commercial floorspace. REPORT NO.: PSD-078-05 PAGE 11 4.2.3 Proposed Official Plan Amendment 44 retains Boswell Drive extension north of Highway but it does provide for Uptown Avenue west of Green Road to be constructed as a private road to municipal standards. This would provide for a continuation of street elements such as sidewalks, street trees, lighting and similar features so that it has the look and feel of a public street. Parallel parking would be provided along the store front. It is proposed that suitable arrangements be made with the Municipality to assume this private street in the future if the Municipality requires its future dedication. The street and block pattern supports enhanced options for vehicular traffic, transit and pedestrian movement and it allows for future intensification of the area over time. 4.2.4 It is recommended that the Wal-mart and Real Canadian Superstore be phased as noted in Section 3.4. Furthermore, the division of the site into two designations provides a Street-Related Commercial along Highway 2. As a result, proposed Official Plan Amendment 44 would also prohibit the location of a service station on the corner of Green Road and Highway 2 and drive-through facilities in this location. 4.2.5 The proposed Official Plan establishes a high standard of urban design to humanize the big box environment including articulation of the buildings, glazing of the front facades, corner features, and possibly limitation on footprints of buildings. Parking areas would be divided into smaller parking courts, creating opportunities for landscaping and pedestrian connections. Street-facing buildings help to define and strengthen urban character of the area. 4.3 Loblaws — Clarington Centre 4.3.1 Loblaws owns a 2.44 hectare parcel within Clarington Centre, which contains a 50,000 sq. ft. supermarket. They currently have two sets of applications before the Municipality as follows: • An application to amend the Clarington Official Plan (COPA 2000-003) as well as rezoning (ZBA 2000-020) and site plan (SPA 2000-017) applications to permit a proposed 37,700 sq. ft. expansion of the existing supermarket; and, • A rezoning application (ZBA 2003-043) to change to the zoning regulations for the Clarington Centre, which requires that a food store must operate within Clarington Centre on lands zoned "C1-14". The Official Plan Amendment and Rezoning applications have been appealed to the Ontario Municipal Board. The expansion application was superseded by the West Diamond/Players application but Loblaws retained the original application as an alternative in the event that the West Diamond/Players application was not approved. 4.3.2 It is recommended that the application to amend the Clarington Official Plan to expand the existing Loblaws store be denied as the same applicant is being recommended for approval in the proposed expansion to the Bowmanville West Town Centre. 4.3.3 Planning staff will be reporting on the rezoning applications and the site plan applications in the context of the Municipally-initiated zoning applications to be considered by Council on June 27, 2005. REPORT NO.: PSD-078-05 PAGE 12 5.0 The Ontario Municipal Board 5.1 Both Halloway Holdings and West Diamond/Players have filed appeals on their private Official Plan Amendment and Rezoning applications. A pre-hearing conference is scheduled for Friday, June 17, 2005. At that time the issues list and procedural order are intended to be finalized. An OMB hearing is scheduled to commence on September 6, 2005 for two months. 5.2 The Municipality's solicitor and I will report on the result of the pre-hearing conference at the special meeting of the GPA Committee on June 27, 2005. 6.0 Conclusion 6.1 Since the publication of Proposed Official Plan Amendment 44, staff have met with a number of stakeholders and continued to prepare for the public meeting. As a result, a number of modifications to the original Amendment have been identified. These modifications are contained in Attachment 5. Proposed Official Plan Amendment 44 is recommended for approval with the modifications set out in Attachment 5. 6.2 The application to amend the Clarington Official Plan by Halloway Holdings should be approved in part in the context of the recommended Official Plan Amendments 43 and 44. The proposed amendment provides for Halloway to proceed to develop much of the site immediately for certain commercial uses subject to the Municipally-initiated rezoning to be considered at a public meeting on June 27th and subject to site plan approval and subdivision requirements. 6.3 The application to amend the Clarington Official Plan by West Diamond/Players should be approved in part in the context of the recommended Official Plan Amendments 43 and 44. The proposed amendment provides for West Diamond/Players to proceed to develop in a phased manner subject to the Municipally-initiated rezoning to be considered at a public meeting on June 270 and subject to site plan approval. 6.4 The application to amend the Clarington Official Plan by Loblaws Properties should be denied. Attachments: Attachment 1 — Existing Bowmanville West Main Central Area Secondary Plan Land Use Map Attachment 2 — Bowmanville West Main Central Area Secondary Plan Review Report May 30, 2005 (under separate cover) Attachment 3 —Workshop Summary - West Main Central Area Secondary Plan Review (under separate cover) Attachment 4 —Amendment No. 44 to the Clarington Official Plan Attachment 5 — Changes to Proposed Amendment 44 since published on May 30th Attachment 6 — Proposed Site Plans for West Diamond/Players and Holloway Holdings Attachments listed under separate cover are available for review in the Clerks' Department. REPORT NO.: PSD-078-05 PAGE 13 List of interested parties to be advised of Council's decision: Henry Joseph Rudi Van Wijngaarden Ari Yasa Paul & Anne-Marie Halliday Ron Worboy John Huber B. Westerman James Scarth Beth Kelly, Valiant Property Mgmt. John and Lilian Bouma Bob Hann, Valiant Property Mgmt. B. Haines John Vanderkooi Lilly T. Hinton Eileen Costello, Aird & Berlis LLP Mary-Ann Kalotai Gwen Wallace Diane James Lyn Townsend, Lynda Townsend-Renaud Law Costantine Bruno Brent Clarkson, MHBC Planning Limited Richard Rekker Heather Muir Alan Vaillancourt Carol Duffy Mavis Carlton Bruce Curl Rick Hofstede Jim and Suzanne Gregory The Greater Toronto Transit Stan Stein, Osler Hoskin & Harcourt Robert DeGasperis, Metrus Properties Inc. Todd Gibbon Yolanda Gjaltema Bill Humber John & Lillian Bouma Linda Moore Marvin Green, River Oaks Group Ron Hooper Kathy Pandell. Geoffrey L. Moore & Associates Ltd. George Kloos Marianne Zwyers Richard Lange Lakeshore Group Leroy Clarke Carmine Cupelli Ted Watson George Ibanez Hannu Halminen, Halminen Homes Limited Lawrence Hellinga Jennifer Stone, This Week Newspapers R. Tukker Brian O'Connor A. Sorg Richard Marchant Bryan MacLean David Butler, The Butler Group Inc. Linda Hallett and George loanidis Peter Smith, Bousfields Inc. Doug Woods Bryce Jordan. G.M. Sernas Associates Frank W. Lockhart Carmela Cupelli J. Sproatt Scott Houghton Mike Dome Nancy Lewis Celeste Terry, Durham Regional Planning Maryann Fines Gail Rickard E.C. Braham James Vinson Sue Sedlak Ian Smith N. Gummon Anthony Turnbull Otto Provenzano Evelyn Rosario S. Fraser Suzanne McCrimmon, Clarington Board of Trade Bill Hinbert Jim Russell Doug Finnson and Terri Bickwell-Potts John Shewchuk, Royal LePage Frank Real Estate Duncan McPherson Paul Wilson Trevor Small Philip Brent Ellen Cowan Peter Walker, Walker Nott Dragecivic Associates Limited Peter Vogel Steve Zakem, Aird & Berlis LLP Ray and Joyce Atkinson Scott Arbuckle, Planning & Engineering Initiatives Ltd. Margaret Zwart David Crowell, A & P Properties Limited Ira Kagan, Kagan, Shastri, Barristers & Sol. Terry and Phyllis Price Brian Fraser Roslyn Houser, Goodmans LLP Mark Rowe Rick Gay, Gay Company Limited •`2 8 U.- N. `;. `€�emu,,;uJYN�P, f`':f�:•�ll jif.Y•::• Vin. � �:Sti::::::::.�`•:i:•��:� %�i A�J•`-•uu�:�q`A��n wv�C u� ::.L:�::•;: :1!9'x!^ .. ,MRN, 0��-'`��A'^-A•.�\�C. {,.L.:satiw:, . ;a��`..A`8i ? s:aaw;a,,•r x Na-„" ::uE, . ;a%�:z e CH MI: UNNIM: Hl M ... ..an.. ..o...oa.u. . %, ° o e ATTACHMENT 4 AMENDMENT NO.44 TO THE CLARINGTON OFFICIAL PLAN May 31, 2005 PURPOSE: To implement the recommendations of the Commercial Policy Review and the Bowmanville West Main Central Area Secondary Plan Review including the renaming of this Main Central Area to the Bowmanville West Town Centre, expanding the boundaries of the West Town Centre, and designating additional lands for commercial development LOCATION: This amendment applies to lands in Lots 14 to 17 Concessions 1 and 2 former Town of Bowmanville and former Township of Darlington bounded generally on the south by the St. Lawrence and Hudson (CP) railway and to the north by the Brookhill tributary to the Bowmanville Creek and a future road to be known as Brookhill Boulevard. BASIS: This Amendment is based on the Clarington Commercial Policy Review: Final Report— Recommended Policy Changes dated May 30, 2005 and the Bowmanville West Main Central Area Secondary Plan Review dated May 30, 2005 prepared by Meridian Planning Consultants Inc., the supporting analysis by market, urban design and transportation and engineering sub-consultants and further review by municipal staff. ACTUAL AMENDMENT: The Bowmanville West Main Central Area Secondary Plan is hereby amended as follows: 1. By renaming the Bowmanville West Main Central Area Secondary Plan as the 'Bowmanville West Town Centre Secondary Plan". 2. By deleting all references to the "Bowmanville West Main Central Area" and replacing them with references to the 'Bowmanville West Town Centre" and by deleting all references to the 'Bowmanville East Main Central Area" and replacing them with references to the 'Bowmanville East Town Centre". 3. In Section 1.1, a) by deleting the figure "55" and replacing it with the figure 74" b) by deleting the words "Martin Road (Regional Road 57) and Green Road and replacing them with the words "the CP Rail overpass and the east limit of the Urban Boundary. 4. By adding a new Section 1.3 as follows: "1.3 In preparation and implementation of this Plan, urban design, land use, market, and transportation objectives will be considered comprehensively." 1 5. In Section 3.1.7, by deleting the word "control" and replacing it with the word "phase", and by deleting the words "beyond the initial allocation in order". 6. By renumbering Sections 3.3.1 and 3.3.2 as Sections 3.3.3 and 3.3.4, respectively and adding new Sections 3.3.1 and 3.32 as follows: "3.3.1 To promote and enhance the function of King StreeUHighway 2 as the Main Street of the Bowmanville West Town Centre. 3.3.2 To provide a connected grid of public and private streets to enhance movement and access options, reduce congestion and improve emergency access." 7. By deleting Sections 3.4.1 and 3.4.2 and replacing them with the following new sections: "3.4.1 Distinct 'Sense of Place' - to create an urban character through high quality architectural treatments and site planning that provides visual interest at a pedestrian scale. 3.4.2 Connective Street Network—to provide an efficient grid street network as the basic organizational structure for the area. The grid street network should define an urban block pattern, provide maximum pedestrian, bicycle, and vehicular connectivity and route choices, and facilitate access to existing and proposed transit services. 3.4.3 Pedestrian Access —to ensure direct, safe and efficient pedestrian access supported by sidewalks situated along all roads and drive aisles, walkways located within parking areas, and designated crosswalks. 3.4.4 Urban Street Edge —to ensure development provides physical definition to streets and public spaces through appropriate placement and design of buildings, parking areas and landscaping, particularly at Highway 2, Clarington Boulevard, and Green Road. 3.4.5 Plan for Infill -to ensure that development initially permitted in accordance with this Secondary Plan is designed in such a way so as to facilitate redevelopment at greater intensity in the longer term. Block patterns for development should be designed to ultimately accommodate denser, mixed-use development. 3.4.6 Environmentally Sustainable—to ensure that development is designed to achieve a high degree of environmental sustainability." 8. In Section 4.1, by replacing the figure "9" with the words and figures "11 and the urban design policies of Section 13". 9. By deleting Section 4.2 and replacing it with the following: 2 "4.2 No expansion to the limits of the Bowmanville West Town Centre and no redesignation of additional lands for General Commercial or Street-Related Commercial is permitted prior to a comprehensive review of the Official Plan after 2011". 10.By deleting Section 4.3 and replacing it with the following new Section 4.3: "4.3 Retail Thresholds a) In order to ensure that retail development proceeds in a fashion that sufficient population exists to support the continued viability of Town and Village Centres and to ensure ongoing redevelopment potential within the Bowmanville East Town Centre, new retail development in the Bowmanville West Town Centre will be linked to the growth of population in the Municipality of Clarington. b) The development of retail and service floor space in the Bowmanville West Town Centre will proceed in an incremental fashion not to exceed the following thresholds of supportable retail and service floor space. FBeyond PepUlatien Target Retail and Service Thresholds (gross leasable area In se.ml 00 65,000 00 75,000 91,000 Subject to Comprehensive Plan Review For purposes of calculating these thresholds, retail and service floor space includes the following: department stores, food stores, general and specialty retail stores, convenience retail stores, video stores, retail liquor stores, restaurants, taverns, barber shops, beauty salons, dry cleaners, shoe repair, travel agencies, and art studios. It does not include other services such as financial institutions, medical offices, business, professional or administrative offices, service stations, automotive sales and services, corporate offices, government offices, hotels, movie theatres, bowling alleys and other places of entertainment and community facilities. c) The following allocation of gross leasable retail and service floor area is made: L 18,600 square metres for the lands bounded by Clarington Boulevard, Prince William Drive, Green Road and Highway 2; 3 ii. 8,000 square metres for the lands bounded by Clarington Boulevard, Prince William Drive, Pethick Street and Highway 2; iii. 900 square metres for the lands east of Clarington Boulevard, north of Highway 2 iv. 16,000 square metres for the lands bounded by Clarington Boulevard, the unopened road allowance between Concession 1 and 2; Green Road and Highway 2. v. 25,000 square metres for the lands north of Highway 2 between Green Road and Boswell Drive extension, provided that no more than 23,000 square metres is permitted in the General Commercial Area. For the purpose of the allocations above, the definition of"retail service" floor space in Sub-section b) applies, with the exception that financial institutions, medical offices and business professional or administrative offices should be included in the definition." d) Development of land will be released through site specific amendments to the Zoning By-law in accordance with the allocations in Section 4.4 c) and the retail thresholds in 4.4 b), and shall be subject to the fulfillment of the provisions of Subsection e) below. e) In addition to any other appropriate planning studies, prior to any further development for retail and service uses beyond those allocations specified in Subsection b) above, the Municipality shall conduct an independent market analysis, at the expense of the applicant for such permission, which addresses the following: the impact of development that has occurred in the Bowmanville West Town Centre since 2005 on the Bowmanville East Town Centre, including the historic downtown, and other designated Town and Village Centres in Clarington; changes in consumer expenditure patterns from the patterns documented in previous studies; and the anticipated impact of the proposed development(s)on the viability of existing retail uses in Clarington and the planned growth and function of Town and Village Centres. 11.By renumbering Section 5.2.4 as 4.3. 12.by renumbering Sub-section 5.2.5 e) as Section 4.5 and: a) by deleting the words "Retail Commercial' and replacing them with the words "General Commercial and Street-Related Commercial"; b) by deleting the word "personal" from in between the words "and" and "service"; and 4 c) by deleting the words and numbers "Section 5.2.4" and replacing them with the words and numbers "Section 4.4". 13.By adding a new Section 4.6 as follows: "4.6 Notwithstanding any other provision of this Plan, only two full- service banks or financial institutions are permitted in the Bowmanville West Town Centre." 14.By adding a new Section 4.7 as follows: "4.7 For the purpose of Section 10.9.3 of the official Plan and in consideration of land use and urban design objectives of this Plan, the intersections of King Street/Highway 2 with Regional Road 57, Clarington Boulevard and Green Road are prominent intersections, which Council deems to have important visual significance." 15.In Section 5, by changing the Section title from "Retail Commercial"to "General Commercial". 16.in Section 5.1, by deleting the words "Retail Commercial" and replacing with "General Commercial", by adding the words "larger format" after the words "to concentrations of', and by deleting the second sentence in its entirety. 17.In Section 5.2.1: a) in Sub-section a): i) by deleting the word "personal" between the words "and" and "service"; ii) by deleting the words "provided that: i) a general merchandise store, a food retail warehouse, clothing retail warehouse and a drug retail warehouse shall not be permitted'; and iii) by adding a second sentence as follows: "For the purpose of clarity, retail and services uses do not include a large format home improvement centre" b) by deleting of Sub-sections b) and e) and renumbering Sub-sections c) and d) as Sub-sections b) and c), respectively. c) in renumbered Sub-section b) by inserting the words "business or training schools" between the words "cultural facilities," and the words "day care"; and d) in renumbered Sub-section c) by deleting the words "provided that, on the parcel of land bounded by King Street, Clarington Boulevard, Bowmanville Boulevard and Green Road, up to 929 square metres may be located on the ground floor." 1 B.In Section 5.2.2, by deleting the word "Retail" and replacing it with the word "General". 19.By deleting Section 5.2.4 and replacing it with the following: 5 -5.2.4 with the objective of encouraging rag ng coh w mpact built forma and energy efficient buildings." 20.In Section 5.2.5: a) by deleting the word 'Retail" and replacing it with the word "General' and by deleting all references to "Bowmanville Boulevard" and replacing them with references to "Prince William Boulevard"; b) by deleting Sub-section a) and replacing it with the following: "a) Development will comply with the applicable Urban Design Policies of Section 13." c) by deleting Sub-sections 5.2.5 c), g) and h) and renumbering Sub- section 5.2.5 d) as Sub-section 5.2.5 c); d) by numbering the second paragraph of the newly numbered Sub- section c) beginning with the words "In order to facilitate" as a new Sub-section d); and by adding thereto the words and numbers "and the policy contained in Section 15.2.3" after the words "implementation of this policy"; 21.By renumbering the original Sub-section 5.2.5 f) as a new Section 4.8. 22.By renumbering Section 5.2.6 as a new Section 6.2.3 23.By adding a new Section 6 titled "Street-Related Commercial' as follows: "6. STREET-RELATED COMMERCIAL 6.1 PURPOSE Lands designated Street-Related Commercial on Map A of this Secondary Plan are intended to provide specific areas dedicated to smaller scale, pedestrian-oriented retail and personal service uses, in particular uses that contribute to an active street life such as cafes, restaurants and smaller shops. 6.2 POLICIES 6.2.1 The permitted uses shall be: a) Retail and service uses, including: specialty food stores, general retail stores, convenience retail stores, video stores, retail liquor stores, restaurants, taverns, barber shops, beauty salons, dry cleaners, art studios, travel agencies and financial institutions provided that: I. any one store has a maximum leasable floor area of 800 square metres; and ii. no drive-through facility is permitted; b) community uses, including social, recreational and 6 cultural facilities; business or training schools, day care and nursery facilities; c) medical offices, business, professional and/or administrative offices provided they are located on the second or upper levels above ground floor; and d) residential dwelling units provided they are located on the second or upper levels above the ground floor. 6.2.2 The following policies shall apply to the development of lands designated Street-Related Commercial in the Bowmanville West Town Centre: a) Clarington Boulevard shall provide a focus for commercial development in the Bowmanville West Town Centre. The implementing Zoning By-law and the Urban Design policies provide direction regarding the relationship of buildings to the street, landscape. treatment, and parking areas as required to achieve a high quality pedestrian retail environment. b) Buildings shall be designed to be located generally at grade with the adjacent sidewalk on the public or private street. c) Access to parking and loading facilities shall be established which will minimize disruption to the pedestrian use of the streets. Adequate, well-designed off-street parking, loading and service areas shall be required on the site of each commercial development. d) Development will comply with the applicable Urban Design Policies of Section 13." 24.By renumbering Sections 6, 7, 8, 9 and 10 to Sections 7, 8, 9, 10 and 11, respectively. 25.By deleting the word "personal" in the first and last sentences of renumbered Sub-section 7.2.1 d). 26.By deleting renumbered Sub-sections 7.2.1 f) and g). 27.By deleting the word "personal" in the last sentence of renumbered Section 7.2.2. 28.In renumbered Section 8.1, a) by deleting in the second paragraph the "A" before the word "High" from the first sentence and replacing it with the words "The Mid Rise"; and b) by deleting the words "as well as the parcel abutting King Street" from the first sentence of the second paragraph and replacing them with the words "whereas a Low Rise High Density designation is 7 provided for on lands north of the General Commercial, west of Green Road" 29.In renumbered Section 8.2.1 c), by deleting the word "uses" and replacing it with the word "facilities". 30.By deleting renumbered Section 8.2.2.a) and replacing it with the following, "8.2.2 a) Development on lands designated Medium Density Residential shall be a minimum of 31 and a maximum of 60 units per net residential hectare." 31. By inserting a new Section 8.2.3 as follows and renumber accordingly: "8.2.3 Low Rise High Density Residential a) Development on lands designated Low Rise High Density Residential shall be a minimum of 50 and a maximum of 80 units per net residential hectare. b) Apartment buildings may be up to six (6) storeys in height" 32.In renumbered Section 8.2.4: a) by adding the words "Mid Rise" before the words "High Density Residential" in the title of the section; b) by deleting renumbered Sub-sections 8.2.4 a) and b) and replacing them with the following, "a) Development on lands designated Mid Rise High Density Residential shall be a minimum of 50 and a maximum of 150 units per net residential hectare. b) Apartment buildings may be up to twelve (12) stories in height." 33.In renumbered Section 8.2.5, a) by renumbering Section 8.2.5 as Sub-section 8.2.5 f) b) by adding the following at the beginning of the section: "The following policies shall apply to the development of lands designated for residential purposes in the Bowmanville West Town Centre."; c) by inserting the letter and parenthesis "a)" before the words "A minimum of 30 0111 to begin a new sub-section; and d) by adding new Sub-sections b), c), d) and e) as follows: "b) Residential development should incorporate architectural design elements to create a positive street image. The mass, scale, and architectural elements of residential buildings should be sensitive to adjoining areas. Design 8 elements height, mass, and architectural features should complement the overall neighbourhood character. Context sensitive design will support the creation of a unique sense of place that respects local cultural and natural environmental features. c) Taller and higher density buildings should be located at major road intersections or neighbourhood 'nodes' and preferably adjacent to public open space. Buildings should reinforce the prominence of these locations through appropriate massing, setbacks, building design, and open space treatments. d) Building entrances should be easily identifiable and should incorporate weather protection in the form of awnings, canopies and arcades, as well as entry landscaping. e) Appropriate separation from the railway corridor is necessary through: • the creation of a 30 metre setback as required by the CP Rail guidelines; • the inclusion within that setback of a 10 metre landscaped zone adjacent to the railway corridor to include landscape elements, and permit public or private rights-of-way for access to adjacent development; and the design and siting of buildings so as to minimize visual and noise impacts from the railway corridor." 34.In renumbered Section 10.2.2, by adding the words "Brookhill Tributary of the" before the words 'Bowmanville Creek". 35.By renumbering Section 10.2.4 as Section 10.2.5 and by adding a new Section 10.2.4 as follows: 10.2.4 It is the Municipality's policy to have a small publicly accessible square established at an appropriate location on the north side of Highway 2 between Clarington Boulevard and Green Road. This may be considered in conjunction with any arrangements to close and convey portions of the unopened road allowance between Concessions 1 and 2." 36.In renumbered Section 11.2.2, by adding the word "Rail" after the word "GO" and by adding the words "and transit terminal" after the word "Station". 37.By deleting the renumbered Section 11.2.3. 38.By deleting original Section 11 titled "Special Policy Area No. 1" in its entirety and renumbering the following Sections accordingly. 39.By deleting renumbered Section 13 in its entirety and replacing it with a new Section 13 as follows: 9 "13. Urban Design Policies 13.1 Purpose Achievement of the Municipality's urban design vision for Bowmanville West Town Centre is of the highest priority. In order to ensure this vision is achieved the Plan provides four levels of design policies: a) are broad Design statements of the intent and key aspects of the design policies; b) Detailed Site Design Policies in Section 13.3 relate to a variety of site development issues including parking, buffering, landscaping, pedestrian access, service areas and signage; C) Building Design Policies in Section 13.4 deal with elements of building form and design; and d) A Demonstration Plan in Schedule A is a plan for the Bowmanville West Town Centre demonstrating an application of the principles, criteria and policies. This plan is intended to be exemplary rather than regulatory in that they provide explanations or examples of the application of the urban design policies. Urban design principles, detailed site design criteria and building design policies are provided by this Plan in order to assist in the evaluation of development proposals through the integration of rezoning and site plan processes. 13.2 Detailed Site Design Policies for Commercial Development 10 13.2.1 Street and Pedestrian Network An open grid of public and private streets, and major private lanes will form the basic organizational structure for the area an should define an urban block pattern, provide maximum pedestrian, bicycle, and vehicular connectivity and route choices, and facilitate access to existing and proposed transit services. The street network will form a key component of the public realm and should be characterized by high quality streetscaping and landscape treatments. Where commercial uses front on a public or private streetline, sidewalks should continue to the building face. Sidewalks in major pedestrian zones on both public and private streets including Highway 2/King Street, Clarington Boulevard, Uptown Avenue, and Green Road should be at least 3.Om wide. Sidewalks will be provided on both sides of all public streets and a minimum of one side of all private streets, Sidewalks should promote active and safe pedestrian activity and stimulate visual interest. All sidewalks fronting commercial uses will include in-ground trees planted 6.0 to 9.0m on centre (minimum 70 mm calliper), pedestrian scale lighting, and street furnishings such as garbage receptacles, and possible outdoor merchandise displays and selling areas. All sidewalks fronting other non-commercial uses should include in-ground trees planted 6.0 to 9.0 m on centre (minimum 70 mm calliper) within the grassed landscape boulevard, pedestrian scale lighting, and street furnishings such as garbage receptacles. The use of special paving treatment is encouraged at focal points including building entrances, squares, and through block connections. Clearly designated pedestrian crossings should be provided at the intersection of all public and private streets and major private laneways. Pedestrian crossings should be marked with line painting or surface material variation and should be at least 3.0 m wide. 11 Private streets must be designed according to municipal road standards and function as an extension of the overall public street network. The municipal street lighting design standard for public streets in the Bowmanville West Town Centre will be used on private streets. 13.2.2 Building Orientation and Site Layout Buildings will be organized to define and frame abutting streets, major private laneways, internal drive aisles, sidewalks, parking and amenity spaces. The large format "super block" will be broken into functionally and visually smaller units by major private laneways and internal drive aisles, a network of connected walkways, and landscaping. Building setbacks shall be reduced to minimize distances between building entrances and abutting public street sidewalks; to establish a consistent built form edge; and to allow for the development of a significant streetscape contributing to the identity and amenity of the area. Maximum building setbacks from the property line on public streets are as follows: • Highway 2: 3.0 m • Clarington Boulevard: 2.0 m • Uptown Avenue: 2.0 m Definition of the street edge is a priority. At least 60% of the total street frontage shall be occupied by buildings on Highway 2, Clarington Boulevard, and Green Road. The zoning by-law will establish mandatory limits for total street frontage of buildings. 13.2.3. Surface Parking Areas Internal vehicular routes will be clearly defined by raised and curbed landscape islands planted with trees and low level vegetation. Internal drive aisles will be a minimum 6.0 m in width, Parallel parking spaces should be provided on private roads at store fronts with appropriate bump-outs at periodic intervals where high pedestrian activity is anticipated. 12 Parking aisles should not exceed 30 contiguous spaces in length and should have a consistent design angle perpendicular to primary building entrances. A landscaping island should be provided at the mid point of the parking aisle, and/or every 15 parking bays (whichever provides a greater number of islands). The landscaping island should be a minimum width of 2.5 m and include a minimum of one tree (minimum 70 mm calliper) per parking row. Surface parking areas may be lowered by 0.5 m from the adjacent street grade to reduce visual prominence. Appropriate lighting levels and consistency of coverage will be provided in parking area to assist both pedestrian and vehicular circulation. The height and intensity of light standards should be sensitive to adjacent land uses minimizing light spillover,glare and impact on night skies. Full cut-off fixtures are to be used. Designated handicapped and mobility impaired parking spaces should be located as close as possible to building entrances and be clearly identified by signs or markings. 13.2.4. Landscape Buffers High quality landscaping treatments will be used to define site boundaries, provide buffers between adjoining developments, and screen storage and utility areas. Landscaped areas adjacent to the streetline will be a minimum of 3.0 m wide adjacent to parking areas. Trees at the perimeter of parking areas will be planted every 6.0 to 9.0 m on centre (minimum 70 mm calliper). To ensure opportunities for surveillance from adjacent areas, perimeter hedge and shrub screening should not exceed 1.0 m in height. Selection of plant material should consider the following: • Year-round appearance; • Seasonal variety; • Hardiness and resistance to disease; Maintenance requirements; • Tolerance of plant materials to salt; and • Urban conditions. 13 13.2.5. Pedestrian Access • Pedestrian walkways shall be contiguous to major private laneways and opposite primary building entrances to enable safe and direct pedestrian movements. • An internal pedestrian walkway network will visually and functionally define smaller parking "courts'. • Walkways should be a minimum of 1.5 m wide, with a landscaping zone on one side that is 2.0 m in width. • Walkways will include pedestrian-scaled amenities wherever possible, such as benches, trash receptacles and lighting. • Drive aisle crosswalks should be signed and constructed of materials that are different to the drive aisle, such as interlocking brick paving. 13.2.6. Pedestrian Entrances • Main entrances to buildings shall be emphasized through canopies, awnings, towers or similar taller, non-habitable building structures. The volume and height of such structures emphasize the prominence of entrances particularly at a corner location. Each store, commercial unit, or building will generally provide an entrance facing the adjacent street. • Building entrances shall be identifiable and accessible to the disabled. High quality streetscape and landscaping treatment is encouraged at all building entrances. • Windows should be coordinated with the location of pedestrian walkways to provide interest and improve security along these routes. • Pedestrian access from adjacent neighbourhoods should be provided by walkways where insuf ficlent access is a'r'a;able from street sidewalks. 13.2.7. Parking Area Landscaping 14 Internal landscaping elements will define visually and functionally smaller parking "courts" and reduce the overall impact of surface parking areas and heat island effects. A landscaped island should be located at each end of every parking aisle and will be located at the end of every aisle greater than 20 spaces in length. Landscaped islands should be a minimum width of 2.5 m wide and include one tree, minimum 70 m calliper, per parking row. Planting beds and landscaped islands should include a 4-inch curb to prevent damage caused by vehicular movements and snow clearing. Where possible, internal landscaping should incorporate existing vegetation and significant tree planting. 13.2.8. Amenity Access • Amenities may include terraces, parkettes or squares, water features, public art, outdoor dining areas and transit shelters. • Customer and visitor amenities should be located in close proximity to building entrances. • Amenities are particularly important in the Street-Related Commercial Areas. • Bicycle parking facilities shall be provided to encourage alternative modes of transport, particularly for employees and consumers with small purchases. • Amenity areas shall be located within landscaped, pedestrian spaces, and provide seating. 13.2.9. Service Areas Service areas will not be visible from public roads, major pedestrian or residential areas. It is preferable to locate service areas off side streets or service driveways. Service areas should be an integral part of the building and/or site design and not separate stand-alone structures. Storage of goods or garbage will be internal to the main buildings, wherever feasible. Alternatively, garbage will be stored in a 15 building of similar architectural character to the principal building with a full roof and steel doors. Service areas for delivery, loading and garbage pick-up will be coordinated to reduce vehicular interruptions along the public street and within parking areas. Screening will use building materials and/or landscape treatments similar to those used for the principal buildings. Where solid screens are provided, the materials should be similar to or compatible with those of the building's exterior finishes. 13.2.10. Transit Facilities • Building entrances and bus stops should be arranged to provide convenient access to the buildings by public transit passengers. • On sites adjacent to or near a bus stop, conveniently located walkways will be provided to cross and connect individual sites is encouraged in order to provide pedestrians the most efficient route to and from transit stops. 13.2.11. Signage Pylon signs for private development should be oriented to address the street frontage, street intersections and primary access driveways. Pylon signs should be compatible with the associated building design in scale, material and colour, and should be set within a landscaped setting. • Building identification signs should be incorporated on the front fagade, and should be compatible with the building design in scale, material and colour. • Externally lit signs are encouraged, particularly those that face the public street or parallel a pedestrian walkway. Building iripnf lcatinn signs should be applied as large scale building elements, including awnings and banners signs to contribute to an artful and dynamic building presence that will be attractive and visible to passing pedestrians and motorists. • Directional signs should be provided for pedestrian walkways, parking and service areas. The graphic quality of directional 16 signs should be clear and distinct and be coordinated with the image of the development. 13.3 Building Design Policies 13.3.1 Building Materials and the Location of Buildings on a Property • Blank or single material facades that extend the entire length of the building parallel to the public street will incorporate additional architectural detailing and, where appropriate, signs, murals, sculptural or graphic design. • Facades longer than 25 metres shall be subdivided through a combination of windows and projections and recessions in the building wall to create a consistent rhythm across the fagade and establish divisions that express a hierarchy of entrances and identify individual businesses, where applicable. At least 60% glazing shall be provided on the at-grade primary building facades and areas that have public activity. Glazing should be actively used to provide storefront windows or merchandise displays. Corner buildings at the intersections of King Street/Highway 2 with Regional Road 57, Clarington Boulevard, Green Road and Boswell Drive, or at gateway locations shall include articulated building elements in the form of towers, bays or other details that emphasize the focal nature of these buildings and wall projections, recessions, materials and other details that enhance the visibility of these locations. Building materials recommended for new construction include brick, stone and wood frame. Materials such as aluminium, steel and metal panels may be used provided they are used within an appropriate context. Rooftop mechanical equipment and fume extractor vents should be integrated with the building design and rooftop units and vents will be screened using materials complementary to the building. Where appropriate, parapets should be used to screen rooftop mechanical units. 13.3.2 The following design guidelines shall be considered with the location of a drive-through facility: 17 • Any drive-through facility must be located on a lot greater than 3,000 sq. m; • All buildings containing drive-through facilities shall be oriented to the primary street frontage with a setback not to exceed 3.0 m. No portion of the stacking lane and no parking spaces or drive aisle shall be located within the setback area; • Drive-through facilities (including the stacking lane, order board, loud speaker, pick up window, or banking machine) shall not be located within 12 m of properties zoned for or containing residential uses; Speakers and order-boards associated with a drive-through facility shall be oriented away from a residential use and their sound levels should be minimum so as not to create sound disturbance. Screening from headlights must be provided; • Drive-through facilities located adjacent to properties zoned to permit residential uses shall construct opaque fencing at least 1.8 m in height, between the uses; and Landscape buffers adjacent to a property zoned to permit residential uses should be a minimum of 2.0 m wide and include ample coniferous trees (minimum of 2.4 m height), and deciduous trees (minimum 70 mm calliper). 13.3.3 The following design guidelines shall be considered when reviewing the stacking lanes at a drive-through facility: • 1.5 metre wide direct pedestrian walkway to the building entrance which does not intersect with or cross the stacking lane shall be provided and maintained on the lot from the primary street frontage; • Stacking lanes shall have a minimum width of 3.0 m; • For a restaurant with a drive-through facility a stacking lane length of a minimum 12 vehicle queuing spaces (one vehicle queuing space is defined as 6.0 m in length) shall be provided. At least 4 queue spaces shall be located between the pick-up window and the order board station; • For all other drive-through facilities a stacking lane length of a minimum 4 vehicle queuing spaces (one vehicle queuing space is defined as 6.0 m length) shall be provided; 18 • The entrance to a required stacking lane may not be located within 18 m of a site access to a public street; • The required stacking lane must not interfere with or block access to required parking spaces; • A required stacking lane should not be crossed or bisected by a driveway, or access to a loading space access or service area; • The full length of the stacking lane must be demarcated by concrete curbs, and the use of soft and hard landscape features; • Stacking lanes should be linear and straight, with a minimum number of curves or turning movements and should not interfere with traffic on public streets; and • Double drive-through facilities on a site should be avoided. Where a double drive-through condition cannot be avoided the landscaping and decorative pavement shall be increased on- site. 13.4 Demonstration Plans — Schedule A of this Plan, the Demonstration Plan, shows one scheme for the development of the area that successfully implements the urban design, land use and transportation objectives of this Plan. The Illustrated Urban Design Policies in Schedule B of this Plan provides examples and precedents of the application of the urban design policies of the Plan. Schedules A and B are intended to be exemplary rather than regulatory." 40.In Section 14.1, a) by deleting Sub-section b) and replacing it with the following: "b) provides increased densities in the Bowmanville West Town Centre and structured parking wherever feasible:"; b) by renumbering Sub-section c) as Sub-section d): c) by adding a new Sub-section c) and renumbering accordingly: "c) encourages walking and biking as alternative means of transportation; and" d) in renumbered Sub-section d), by replacing the word "surface" with the word "bus". 41.By deleting Section 14.2 and replacing it with the following; 19 "14.2 The siting and design of buildings will consider concepts to maximize the potential energy savings including: a) orientation for maximum passive solar gain in winter; b) the construction of new buildings to meet the LEED Rating System; c) green roof design and the provision of well-designed landscaping of parking areas to minimize heat island effects; d) renovations of existing buildings for energy and water conservation will be encouraged; and e) the use of alternative sustainable energy sources, such as solar." 42.In the third sentence of the renumbered Section 15.2.1: a) by deleting the word 'These" from the beginning of the third sentence and replacing it with the words "Those roads'; and b) by deleting the words "which is intended" and replacing with the words"which are intended". 43.In renumbered Sub-section 15.2.3 a): a) by adding the words "transfer to and" before the word "assumption' b) by adding the words "as public streets" before the words "at some future date"; and c) by adding the words "by the Municipality" to the end of the sentence after the word "necessary". 44.In renumbered Section 15.2.5, by deleting the words"appropriate road authority" and replacing them with the words "Region of Durham". 45.By adding a new Section 15.2.6 as follows: 15.2.6 Critical components of the grid street system are required as a precondition of further development and/or lifting of a holding symbol for certain lands in the Bowmanville West Town Centre as follows: a) for the lands north of Highway 2 between Green Road and the proposed extension of Boswell Drive, the following road improvements are required: i) the proposed extension of Boswell Drive from Highway 2 to the proposed Brookhill Avenue as identified on Map A; and ii) the construction of the future Brookhill Boulevard identified on Map A from Regional Road 57 through to the Boswell Drive extension as a public road or the construction of Uptown Avenue from Regional Road 57 through to the Boswell Drive extension as a combination of a public and a private road as identified on Map A. 20 b) for the lands north of Highway 2 between Green Road and Clarington Boulevard, the construction of Uptown Avenue between Green Road and Clarington Boulevard. c) for the lands on the southwest corner of Regional Road 57. and Highway 2 the construction of Prince William Boulevard easterly from Pethick Street to Regional Road 57." 46.By changing the title of renumbered Section 15.3 from "Public Transportation Policies" to "Public Transit Policies". 47.By deleting renumbered Section 15.3.1 and replacing it with the following; "15.3.1 The Municipality, in conjunction with the Region of Durham and GO Transit shall endeavour to enhance public transit use and access in the Bowmanville West Town Centre." 48.By adding new Sections 15.3.2 and 15.3.3 as follows: 15.3.2 Municipality e the development of the owmanvil e West as a transit node by: a) encouraging a high level of transit service from transit providers; b) providing sidewalks and high quality streetscape in pedestrian activity areas in accordance with Section 15.4 and the urban design policies of Section 13; c) considering the development of structured parking facilities in partnership with private landowners; and d) when the Municipality is proposing public works in the West Town Centre, the public authority will consider opportunities to improve the pedestrian and cycling environment, bus stops and shelters and streetscape enhancements. 15.3.3 Development in the West Town Centre will be transit-supportive through: a) providing for street-oriented development with no large parking areas between the adjacent primary public street and buildings; b) developing at higher densities; c) providing frequent pedestrian linkages from streets to stores, between buildings and through parking areas; d) contributing to a high quality public streetscape through landscape treatment along the streetline; and e) providing for compact development through shared parking where appropriate, and parking structures." 21 49.in renumbered Section 15.4.4: a) by deleting the words "Future Streets" and replacing them with the words "Private Streets"; b) by deleting the words "Subsection 5.2.5(d)" and replacing with the words "Subsections 5.2.5(b) and 15.2.30 . 50.In renumbered Section 15.4.5 by deleting the words and punctuation "shall be identified in the Urban Design Guidelines. These areas". 51.In renumbered Section 16.2.4, a) by replacing the words "Master Drainage Plan" with the words "Subwatershed Plan"; and b) by removing the words "or subwatershed" after the words "Bowmanville Creek"; c) by deleting the second and third sentences and replacing them with the following "All developments within the Bowmanville Creek watershed will be undertaken in accordance with the policies of the Brookhill Tributary Subwatershed Plan." 52.In renumbered Section 16.2.5, by adding the words "or Subwatershed Plan" to the end of the last sentence. 53.In renumbered Section 17.2.1 b), a) by adding the words "or any commercial development with loading, refuse pick-up or drive-through facilities within 60 metres of a sensitive use" to the end of the first sentence; and b) by adding the words "as appropriate" to the end of the last sentence. 54.In renumbered Section 17.2.2, by adding the following new sentence to the end of the Section; "In the event of a comprehensive review, Rezoning By-laws may be considered in advance of a site plan but will be subject to holding provisions in accordance with the policies of Section 24 of the Official Plan and Section 17.2.3 and 17.2.4 of this Plan." 55.By adding new Sections 17.2.3 and 17.2.4 as follows: 17.2.3 In addition to the provisions of Section 23.4.2 of the Official Plan, Holding Symbols may be used to ensure achievement of the policies of this Secondary Plan by establishing conditions linking the development to new retail space to population growth in Clarington, the achievement of urban design policies and objectives through site plan agreements and agreement on the provision of infrastructure. 17.2.4 In addition to provisions of Section 23.4.3 of the Official Plan, prior to the lifting of a Holding Symbol, the following provision apply in respect to the Secondary Plan Area: 22 a) plans for the proposed development show that the proponent has successfully implemented the Urban Design Policies contained in Section 13 and the results of studies required under Section 17.2.1, and the market, land use and transportation objectives of this Plan to the satisfaction of the Municipality; b) in the case of development of land designated for General Commercial or Street-Related Commercial uses located north of Highway 2 to the west of Green Road to the proposed extension of Boswell Drive: i) arrangements have been made satisfactory to the Municipality for the construction and dedication as a public highway of: the proposed extension northward of Boswell Drive from Highway 2 to the proposed Brookhill Avenue; the proposed Brookhill Avenue from Green Road to the proposed extension northward of Boswell Drive; either proposed Brookhill Avenue from Regional Road 57 to Green Road or the construction of Uptown Avenue from Clarington Boulevard to Regional Road 57 as a public street, or both, determined by the Municipality. ii) arrangements have been made satisfactory to the Municipality for the construction of Uptown Avenue from Green Road to Boswell Avenue as a private road and its future dedication as a public street if the Municipality requires its dedication in the future; c) in the case of development of land designated for General Commercial or Street-Related Commercial uses located to the north of Highway 2 between Green Road and Clarington Boulevard, arrangements satisfactory to the Municipality have been made for the construction and dedication of the proposed extension of Uptown Avenue from Clarington Boulevard to Green Road as a public street: d) in the case of development of land on the south-west corner of Highway 2 and Regional Road 57 arrangements have been made satisfactory the Municipality, for the constr,1-fion and dedication of the extension of Prince William Drive easterly from Pethick Street to Regional Road 57; and e) in the case of land which abuts or includes any part of the proposed allowance for the extension of Prince William Drive easterly to Regional Road 57 or westerly to Green Road, that arrangements have been made satisfactory the Municipality for 23 the construction and dedication of the extension of Prince William Drive" 56.In renumbered Section 17.4, by renumbering the text as Section 17.4.1 and, a) by deleting the words "regard shall be had for" and replacing them with the words "shall comply with"; and b) by inserting the words "policies of this Plan and any Urban Design" between "Urban Design" and "Guidelines". 57.By adding a new Section 17.4.2 as follows: 17.4.2 Where a proponent submits a proposal for the development of land, the Municipality will require that the proponent demonstrate how the proposed design and organization of the site and buildings: a) Addresses the policies of this Plan, in particular the urban design policies of Section 13; b) Contributes to a compact, urban, pedestrian-oriented form and function, that enhances pedestrian accessibility, strengthens walking as the preferred means of getting from place to place and adds pedestrian amenities such as textured paving, seating benches and landscaped areas; c) Provides for access from transit stops; d) Contributes physical links into and integrates with the adjacent community; e) Contributes to the continuity of building fagade along the street; f) Orients such elements as public entrances, display windows, canopies, and signage to the street; and g) Locates parking areas so as not to interrupt the continuity of building fagade along the street and the creation of a street edge of buildings." 58.In renumbered Section 18, a) by adding the Section number 18.1 in front of the first sentence; b) by adding the Section number 18.2 in front of the last sentence that I egins "The policies of the Plan'; c) by adding the following words to the end of Section 18.2; "In the event of a conflict between the provisions of the Official Plan and this Plan, the Secondary Plan shall prevail." 59.By adding a new Section 18.3 as follows: "18.3 Definitions 24 a) Department Store "department store" shall mean a retail store containing a minimum of 5,000 square meters of gross leasable floor space organized into a number of individual departments and primarily engaged in the sale of a wide variety of commodities which shall include clothing, hardware, home furnishings and household appliances. b) LEED Rating System "LEED Rating System" shall mean the Leadership in Energy and Environmental Design Green Building Rating System established by the Canada Green Building Council as amended from time to time." By amending Map A— Land Use as shown on Exhibit "A" 25 i • • • r r 1 .•ee ` 'S�`• fgief e - 1,,,' .re � �. .. . ?.; .: . are.•. �a�:�KaC^';c%:u>z iieiei•�iii�•� .we�i••ems ,��,e�� fah.:.; O'e0 e9♦ ha> t y�w,kYsa °,gs>. i0�•eii•PPe r'� 111° :- k �V&W��,. 1 1 Egg N. Nai e ate\ \ - •, a J J 3 � An w 0 3 0 m 100 2 � / 0 50 100 200m Proposed Retail Development (street related retail/large format mtalll Existing Buildings - Other Potential Development RRO33OKHILL BLVD 1 J ? 4 ti COMMUNITY PARK L l goo it (! .YYSl UPTOWN AVE A 0 a 0 0 z 0 W PRINCE WILLIAM BLVD. 'U tPRINCE GO STAON WILLIAM PARK I r 4W Bowmanville West Town Centre Secondary Plan DEMONSTRATION PLAN May 30,2005 Schedule B Bowmanville West Town Centre Secondary Plan ILLUSTRATED URBAN DESIGN POLICIES BrookMcllroylnc Painted markings help to identify pedestrian crossings. Bowman ille West Town Centre Secondary Plan-Illustrated Urban Design Policies ffE Iv Buildings should be organized to define, frame,and enhance the urban character of abutting streets, internal drive aisles, sidewalks, parking and amenity spaces. Building setbacks should be reduced to minimize distances between building entrances and abutting public street sidewalks; to establish a consistent built form edge; and to allow for the development of a significant streetscape contributing to the identify and amenity of the area. Buildings should define and frame abuNing streets. Building setbacks should be reduced to minimize the distance between public streets and building entrances. BUILDING ORIENTATION & SITE LAYOUT Parking areas located between the sidewalk and the building results in an unattractive and hostile pedestrian environment and creates a break in the street fabric. Deep setbacks and prominent parking areas result in a fragmented street edge that are undesirable from an urban design perspective. The perimeter of parking areas should be screened with trees and understorey plantings to replace the contiguous street fabric; and buffer the view of asphalt and parked cars and reduce water run- off. Internal landscaping treatments should be used to define visually and functionally smaller parking "courts"and reduce the overall visual impact of parking areas. Surface parking areas may he lowered from adjacent street grade to reduce their visual prominence. Low-maintenance plantings should be used to screen parking lots from adjacent streets. Internal landscaping elements should define smaller parking muds and reduce the overall impact of surface parking areas. SURFACE PARKING AREAS Bowmanville West Town Centre Secondary Plan-Illustrated Urban Design Policies V Pedestrian walkways should be provided within and through parking areas. These walkways should enable safe and direct pedestrian movement from parking areas to building entrances. Walkways should visually and functionally define smaller parking courts and include landscaping treatments and pedestrian- scaled lighting. a d A aehvork of internal pedestrian walkways should structure smaller parking courts. Drive aisle crosswalks should he signed and constructed of materials that are different to the drive aisle. VII Walkways should include pedestrian-scaled amenities wherever possible, such as benches,trash receptacles and lighting. Main entrances to buildings should be emphosizedthrough conopies,owningsor taller, non-habitable building structures. The volume and height of such structures emphasize the prominence of entrances particularly at a corner location- Unique design freatemeni for large-format retail buildings. PEDESTRIAN ACCESS & ENTRANCES Bowmanville West Town Centre Secondary Plan-Illustrated Urban Design Policies VIII Amenity areas should be located within landscaped, pedestrian spaces, and provide seating and may include terraces, porkettes or squares, water features,public art,outdoor dining areas and transit shelters. Pedestrian-scaled amenity areas should be provided for customer and visitor benefit. r WN Opportunities for outdoor uses,such as patios and kiosks should be explored. Bicycle parking facilities should be provided to encourage alternative modes of transport, particularly for employees and consumers with small purchases. Bicycle parking facilities should be provided at highly visible and convenient locations. AMENITY AREAS Bus stops should be located on site at a central location to promote active use of transit services. Bus stops should be provided near building entrances for convenient access to the buildings by public transit passengers. n F•'+enlac-- Transit stops should be located near building entrances to encourage use of transit services. TRANSIT FACILITIES I i p l t Sidewalks and walkways should connect bus stops to building entrances and should enable safe and efficient access to both. Bowmonville West Town Centre Secondary Pion-Illustrated Urban Design Policies J ix Commercial retail development within the ._ Blank walls facing streets,residential and Secondary Plan area should incorporate high quality architectural treatments and .4 open space areas should be avoided. building materials. 3 Facades should exhibit architectural details,wall setbacks or projections,and Blank triodes typical of large-formal =' ", high quality materials. Colonnades, retail should be avoided. covered walkways and porticoes are recommended as a means of weather protection and creating interest on the building elevation. The use of additional architectural details and building materials to enhance the st existing visual appearance of blank walls Igo should be encouraged. Corner buildings of the intersections of primary roods or at gateway locations should include articulated Wilding elements in the form of lowars,bays or other details that emphasize the local nature of these buildings. 10 = : Fasodes of any significant she should be subdivided through a combination of windows and projections and recessions in the building wall to create a consistent rhythm across the facade. "."s.� Landscaping treatment can be used to create visual interest and Large-formuf building facades should be broken up into smaller screen blank facades. units.Facades ofa significant length should be subdivided through a combination of windows and projections and recessions in the ARCHITECTURAL DESIGN building wall to identily individual businesses. J Glazing should be utilized on the at-grade primary building fogodes to provide storefront windows or merchandise displays. The scale and massing of buildings can define areas of character. The scale and mass of buildings should reinforce the sense of human scale. Impacts of large building scale and mass should be reduced through fully developed architectural elevations, including horizontal and vertical articulation. rg Canopies provide shnde for pedestrians and reinforce a human scaled environment. r Canopies provide articulation of building fat;odes and shade sidewalk retail areas. 8owmanville West Town Centre Secondary Plan-Illustrated Urban Design Policies 11 Modifications to Amendment 44 as Published on May 30th ATTACHMENT5 1. Item 4 Delete proposed policy 1.3 and replace with a new goal 2.4 as follows: "2.4 To consider comprehensively land use, market, urban design and transportation objectives in the consideration of any application for the development of land in the Bowmanville West Town Centre" 2. Item 10 a) Modify the proposed new Subsection 4.3 d) by deleting the words ",and shall be subject to the fulfillment of the provision of Subsection e) below" . b) Modify the proposed new Subsection 4.3 e) by deleting the words "those allocations" and replacing them with the words "beyond the thresholds". 3. Item 11 Delete the text and replace it with the following: "By deleting Sections 4.4 and 5.2.4" 4. Item 12 Modify Subsection 4.5 c) by deleting "Section 4.4" and replacing it with "Section 4.3" 5. Item 39 a) Modify new Section 13.1 b) by deleting "Section 13.3." and replacing it with "Section 13.2" b) Modify new Section 13.1 c) by deleting "Section 13.4 and replacing it with "Section 13.3" c) Modify Section 13.2.8 by changing the title from "Amenity Access" to "Amenities" d) Modify the second bullet of Section 13.2.10 by deleting the words "is encouraged". 6. Item 42 Modify by deleting the words 'the renumbered" 7. Item 43 Modify the first line by deleting the word 'renumbered". 8. Item 44 Modify the first line by deleting the word `renumbered". 9. Item 46 Modify the first line by deleting the word 'renumbered" 10.Item 47 Modify the first line by deleting the word 'renumbered". S 11.Item 48 Modify the first line by adding at the beginning the following: "By renumbering Section 15.3.2 as Section 15.3.4 and" 12. Item 45 a) Modify new Subsection 15.2.6 by deleting the first four lines and replacing them with the following: "As a precondition of development of certain lands in the Bowmanville West Town Centre, appropriate arrangements shall be made for the following critical components of the grid street system: b) Modify new Subsection 15.2.6 a) by deleting clause 2 and replacing it with the following: "ii) the construction of proposed Brookhill Avenue as a public street from Boswell Drive extension to Regional Road 57 as identified on Map A." c) Modify new Subsection 15.2.6 b) and c) by adding at the each of them "as a public street". 13.Item 49 Modify sub-item b) of Section 15.4.4 by deleting "Subsection 5.2.5 b) and 15.2.3" and replacing it with "Subsection 5.2.5.b) and c) and Subsection 15.2.3". 14.Item 55 a) Modify the first bullet of clause i) of Subsection 17.2.4 b) to change reference from "Brookhill Avenue" to "Brookhill Boulevard" b) Deleting second bullet and third bullet of clause i) of Subsection 17.2.4 b) and replacing it with the following: • the proposed Brookhill Boulevard from the proposed northerly extension of Boswell Drive to the easterly limit of Lot 16 in the former Township of Darlington." c) By adding a new clause iii) as follows: "iii) arrangements have been made satisfactory to the Municipality for the construction of a private road from Highway 2 to the Uptown Avenue extension and its future dedication as a public street if the Municipality requires its dedication in the future." d) adding a new subsection 17.2.4 b) iv) as follows: "iv) arrangements have been made satisfactory to the Municipality for deposit with it of securities sufficient to cover the costs of construction of Brookhill Boulevard from the easterly limit of Lot 15 to Regional Road 57." e) Modify Subsection 17.2.4 c) by adding to the end of it the following: "and arrangements have been made satisfactory to the Municipality for the construction of a north-south road connecting Highway 2 to Uptown Avenue east of Green Road as a private road and its future dedication as a public street if the Municipality requires its dedication in the future." 15.By adding a new item 55b as follows: By amending Section 17.1 by adding the following sentence at the beginning: "Land use, market, urban design and transportation objectives and policies will be considered comprehensively in the implementation of this Plan." 16.Item 59 In Section 18.3 by deleting clause a) and renumbering clause b) accordingly 17.By Adding Schedule A and Schedule B `r ATTACHMENT 6 Oirvn3--B YIpID--- - I/ ___--__ , I _ 1 I I � , rrrr�rr I I r I i i I � I _ I i I N I I r U EI Lo ---— _ U' 3 (� .TIIII IIIIIIllll 11 fl / 1 ------- i co / r n\\ L V — r O --- - — L IL If t -------- / l;f �Yr� r �j�-Y ` .� y yY� : 1 1 / :k �.::ass�s:::ss;�:x::•:>_::::.. is iv Unfinished Business #4 Clarin n Leading the Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday June 27, 2005 Resolution M Report #: ADDENDUM TO EGD-21-05 File # By-law #: Subject: ACCESSIBLE PARKING - PROPOSED AMENDMENTS TO BY-LAW 91-58 Recommendations: It is respectfully recommended to Council the following: 1. THAT Addendum to EGD-21-05 and Report EGD-21-05 be received; 2. THAT the request for an "on-street" accessible parking space at 100 King St E., Bowmanville, fronting the MTO licensing office, be approved; 3. THAT the "off-street' accessible parking supply be increased in the municipal parking lots as per standards proposed through the draft Zoning By-law as recommended by the Clarington Planning Department and details listed in this report; 4. THAT the two narrow "on-street" accessible parking spaces on Temperance St., South of Church St., be relocated to the 20 King St. parking lot with the parking spaces fronting the Municipal Administrative Centre being converted to metered parking; 5. 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 St. loading zone; 6. THAT signs and pavement markings be applied to all new accessible parking locations; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 Report#ADDENDUM TO EGD-21-05 Page 2 7. THAT all on-street accessible parking spaces be included in the Operations Department sidewalk snow clearing contract for removal of windows along the length of the parking stall for full access to the sidewalk; 8. THAT the loading zone on Church St. remain in its current location and size and that supplemental signs be added to advise the public that stopping is permitted to access the library drop box; 9. THAT the interested parties listed within this report be provided with a copy of the report and notified of Council's decision; and 10. THAT Council approve the by-law attached to Addendum to Report EGD-21-05. Respectfully by: Submitted by: Reviewed by� � A.S. Cannella, C. E. T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/RDB/jo/jb June 22, 2005 Report #ADDENDUM TO EGD-21-05 Page 3 1.0 BACKGROUND At the General Purpose and Administration Committee meeting of June 20, 2005 Report EGD-21-05 was referred back to staff to review. We were asked to consider the size and necessity of the loading zone as well as the possibility of strategically relocating two of the four disabled parking spaces on Church St. 2.0 COMMENT 2.1 Church Street Loading Zone When the Municipal Administrative Centre was expanded to include the new Bowmanville Library Branch a loading zone was designed to accommodate small or large delivery trucks, and to accommodate residents wishing to access the library drop off box. An additional benefit was that the loading zone permitted fire trucks to access the water stand-by pipes located at the delivery doors. As part of the design process discussions took place between Engineering, Emergency Services and Operations to determine the ideal location and size of the loading zone given the restrictions of doorways, driveways and depressed curbs. A survey of stakeholders was conducted following which amending traffic by-laws were approved by Council to establish the location and size of the loading zone. When Council referred EGD-21-05 back to staff on June 20, 2005 we again looked at the implications of removal or alteration of the loading zone. The advantage of removing the loading zone is that we gain two 7 metre long on-street parking spaces (minimum length per OTM guidelines). What we compromise though is; altered access for emergency services, delivery trucks which may now attempt to park on the street blocking traffic as well as creating the potential for reduced visibility of the stop sign for east bound traffic. We also lose a customer friendly library drop off area for motorists. The plastic markings currently in place will need to be removed with a grinder and this will leave permanent scoring marks in the asphalt. Report #ADDENDUM TO EGD-21-05 Page 4 Staff, support the existence and size of the loading zone due to the advantages it provides in functionality of the building, safety and customer service. To advise residents of the availability of this drop box friendly location it is proposed that Operations install signs below the existing loading zone signs stating "Stopping is permitted to access the Library Drop Box". The new parking lot being created at the North East corner of Church St. and Silver St. will provide additional parking to service the Church St. area. 2.2 Church Street Accessible Parking At the June 20, 2005 General Purpose and Administration Committee meeting Council members asked staff to again look at available options for relocating two of the accessible parking spaces from Church St. to other locations. Originally the two accessible parking spaces were located on Temperance St. but after careful review and with the support of the Clarington Accessibility Committee a decision was made to move the two spaces on Temperance St. to the wider Church St. to allow for improved safety and to satisfy the demand for parking. In looking at available options for moving these spots from Church St. elsewhere, Staff are of the opinion that the safest accessible parking choice would be to provide spaces within a parking lot where off-street speeds and volumes are less of a concern. By relocating two accessible parking spaces to the 20 King St. parking lot we allow for maximum safety as well as proximity to the Downtown core. If on-street accessible parking is required we believe that designated accessible spaces should not be permitted unless a minimum parking stall width of 3.4m can be accommodated with a minimum of 3m width for the travel lane. Smaller widths should only be considered if AADT volumes are less than 500. Report#ADDENDUM TO EGD-21-05 Page 5 The 2.1 m accessible parking spaces on Temperance St., south of Church St., with a 3.Om travel lane are too narrow for a busy road with AADT volumes of 2370. Both staff and the Clarington Accessibility Advisory Committee agree that these spaces do not fulfil the needs of persons with disabilities. To further clarify it should be understood that even a standard parking space for able bodied persons is typically 2.5m wide. 2.5 Delivery Vehicles in Accessible Parking Spaces On a number of occasions staff has observed delivery vehicles parked in the accessible parking spaces on Temperance St. or parked on Church St., blocking visibility of the stop sign, rather than using the loading zone provided on Church Street. Engineering staff suggest that reception staff at the Municipal Administrative Centre provide the notice attached to this report to courier and delivery drivers as they are having delivery slips signed. The notice will remind the delivery drivers to use the Church St. loading zone. In addition notices/signs should be posted on the north doorway stating "Delivery vehicles must use loading zone for safety" If compliance does not occur, municipal by-law officers will be requested to provide enforcement or make direct contact with the delivery firms. 3.0 Conclusion Staff still support the original recommendation contained in report EGD-21- 05 which proposes that the loading zone remain in its present location and at its current size to accommodate all of the purposes listed in this report. With respect to accessible parking we would however, recommend that two accessible parking spaces be relocated from Church St. to the 20 King St. parking lot to allow for maximum safety and proximity to the Downtown core. Report#ADDENDUM TO EGD-21-05 Page 6 Attachments: Attachment 1 — Report EGD-21-05 Attachment 2 — Proposed by-law to amend by-law 91-58 Interested parties to be advised of Council's decision: Andrew Kozak, Chair ' Clarington Traffic Management Advisory Committee David Kelly, Chair Clarington Accessibility Advisory Committee Fred Horvath, Director of Operations Len Creamer, Senior Municipal Law Enforcement Officer Jennifer Cooke, Manager of Communications & Tourism ATTACHMENT NO.: 1 REPORT NO.:Addendum to EGD-21-05 Clarin n Leading fAe Way REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday June 20, 2005 Resolution #: Report #: EGD-21-05 File #: By-law #: Subject: ACCESSIBLE PARKING - 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-21-05 be received; 2. THAT the request for an "on-street" accessible parking space at 100 King St E, Bowmanville, fronting the MTO licensing office be approved; 3. 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 the Clarington Planning Department and details listed in this report; 4. THAT the two narrow "on-street" accessible parking spaces on Temperance St South of Church Street be relocated to Church St with the parking spaces fronting the Municipal Administrative Centre being converted to metered parking; 5. 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; 6. THAT signs and pavement markings be applied to all new accessible parking locations; CORPORATION OF THE MUNICIPALITY OF CLARINGTON. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 717 Report#EGD-21-05 Page 2 7. 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; 8. THAT Council approve the by-law attached to Report EGD-21-05; and 9. THAT the interested parties listed within this report be provided with a copy of this report and Council's decision. Respectfully by, Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASCIRDBTjo June 14, 2005 718 Report#EGD-21-05 Page 3 1.0 BACKGROUND A request for an "on-street" accessible parking space from the Driver and Vehicle Licence Office on King St. E Bowmanville and a number of other proposed "off- street" accessible parking revisions, require amendments to the traffic by-law 91- 58. Accessible parking spaces must be designated in traffic by-law 91-58 to allow enforcement officers to apply the "accessible parking" fine ($300.00 set fine or $200.00 early payment) compared to the nominal "parking in a prohibited area" fine ($23.00 set fine or $15.00 early payment). Some of the municipal parking lots do not contain the recommended number of accessible parking spaces based on the standards proposed through the draft Zoning By-law as recommended by the Clarington Planning Department for new parking lots. 2.0 COMMENT 2.1 On-street accessible parking request, Vehicle Licence Office In the interest of public safety, it is usually considered safer to have designated accessible parking spaces located in parking lots rather than on public roadways. A standard parking lot parking stall is 2.75m wide but a designated accessible parking space must be wider to provide easier access. A width of 4.5 m wide, if one space, or 3.4m wide if two or more accessible spaces are abutting each other is recommended in the draft zoning by-law. The MTO property only has seven (7) standard parking spaces at a width of 2.7m each. The creation of a single accessible space in the private lot would result in the loss of two regular parking spaces due to the width required and only serve people using the MTO office. At this point, the municipality would not force an existing business such as the Licensing office to comply with the new standards being proposed. 719 Report #EGD-21-05 Page 4 The on-street public parking space located on the north side of King St E just east of George St could serve as an on-street accessible space because there is no municipal parking lot in this immediate area. The 13 M pavement width of King Street will allow a good measure of safety for persons with a disability to use this location safely and a parking stall of 3.5m could be provided. The municipality provides businesses west of Division Street with off-street accessible parking in the municipal lots but has not provided a space east of Division to accommodate the increasing parking demands in this area. Staff, have noted that by creating a accessible space at this location it will also improve existing sight lines from George Street during periods when the space is empty. Staff supports this request to provide an on-street accessible space for the businesses east of Division St. 2.2 Municipal Parking Lots and facilities The standards proposed through the draft Zoning By-law as recommended by the Clarington Planning Department, attachment no. 2, requires that any new development applications provide accessible parking as follows: Private parking spaces Accessible spaces required 1 to 25 1 26 to 50 2 51 to 75 3 76 to100 4 The number of accessible spaces could be higher if the facility would be expected to draw a large percentage of its customers from a population of people with a disability. An accessible space width of 4.5m is shown; however, some recent developments have been approved by the planning department with a width of 4.1m and are considered accessible. 720 Report#EGD-21-05 Page-5 The South Courtice Recreational Complex needs to be included in the by-law schedules to reflect the eight (8) posted accessible parking spaces currently provided. The 20 King Street lot Bowmanville, needs to be included in the by-law schedules to reflect the two accessible parking spaces currently provided which provide quick access to King St in the downtown core. The 15 Silver Street lot. Bowmanville, has 31 parking spaces with one existing accessible space. A resident with a disability expressed concerns about the tight 3m width and requested a wider stall and or more spaces. Guidelines suggest a parking lot with over 25 spaces requires 2 accessible parking spaces. Staff, are recommending that two accessible spots at 4.1 m each be created in the south west corner of the lot which is closer to King Street and the removal of the existing accessible space in the north west corner of the lot. The new municipal parking lot at 25 Silver Street. Bowmanville, located at the North east corner of Church Street and Silver Street to be constructed will require 2 accessible parking spaces based on its size. The 30 Division St lot. Bowmanville, has approximately 84 parking spaces with 2 accessible spaces centrally located near the public access walkway. Staff, are recommending the creation of 2 more spaces to comply with guidelines, to be located near the south east corner of the lot. Division St. Three standard spaces will need to be removed to provide the two accessible spaces of 4.1m wide. The 132 Church St lot. Bowmanville, has approx 28 spaces on the e/s and 36 spaces on the w/s. Staff are recommending the creation of 2 accessible parking spaces in the south west corner of the lot on the west side of the building. This could benefit any persons with a disability using the public lot, plus a direct benefit to the courts, youth centre, youth workshop group and John Howard Society, all which operate out of the leased municipal property. Three standard spaces will 721 Report#tEGD-21-05 Page 6 need to be removed to provide the two accessible spaces. This parking lot also has spaces dedicated for the tenants and Trinity United Church. Newcastle Memorial Arena, Facilities Manager, Scott Greenfield has requested that two accessible spaces be included in our by-law schedules during this revision which will enable By-law to charge the higher fines. The hall board will ensure that proper signing and pavement markings are in place before enforcement can begin. 2.3 On-street Accessible Safety Staff are recommending that: • Off-street accessible parking be the preferred safest option • When required, on-street designated accessible spaces not be permitted unless a minimum parking stall width of 3.4m can be accommodated with a minimum of 3m width for the travel lane. Smaller widths would only be considered if AADT volumes were less than 500. Existing On-street Accessible Parking widths are as follows: • 3.5m accessible on Church St with 3.6m travel lane • 3.4m accessible on Prince St with 3.Om travel lane • 3.4m accessible on Temperance St. south of King with 3.Om travel lane • 2.Om accessible on Church Lane east of Newtonville Road, although narrow has very low AADT volumes of only 170 • 2.1m accessible on Temperance St south of Church with 3.0m travel lane existing is too narrow for busy road with AADT volume of 2370 2.5m is the Provincial guideline for any standard on-street parking space but unfortunately they do not provide any guideline for on-street accessible parking. Based on the above, Staff are recommending that the two existing accessible parking spaces located on the west side of Temperance St. in front of the Municipal office be removed for the following reasons: 722 Report#EGD-21-05 Page 7 • existing and newly created accessible parking spaces will reduce the demand at this location • on-street accessible spaces should only be endorsed by Council if safety is provided with a minimum of 3.4m for parking and 3.Om for the travel lane. • .Temperance St. is too narrow for designated accessible parking with a pavement width of 10.2m with parking on both sides. The narrow parking stalls of 2.1m and travel lanes of 3.Om force drivers with disabilities to open doors and exit into traffic with little or no safe refuge area. • Spaces are abused on a regular basis by motorists accessing the post office • Spaces are abused by delivery vehicles failing to use the 3.5m wide loading zone provided on Church St. The old accessible spaces on the west side of Temperance Street would be converted to metered parking for use by the general public. 2.4 Clarington Accessibility Advisory Committee Meeting of March 3, 2005. Staff attended the March meeting to discuss the proposed accessible parking changes and obtain feed back from the members. The committee agreed with Engineering Services that the existing accessible spaces on Temperance Street were too narrow to safely accommodate the needs of persons with disabilities. Engineering Services originally suggested that the two narrow on-street spaces be removed and not replaced, feeling that the new Off-street parking locations would fulfil the parking demands. The committee felt the demand still existed for access to the Municipal Administrative Building ramp and fast access to the post office and requested that the two on-street spaces on Temperance Street be relocated to Church Street just west of Temperance to provide a safe parking width of 3.5m. Engineering staff included the requested changes in the report and proposed by-law for Councils consideration. 723 Report#EGD-21-05 Page 8 2.5 Delivery Vehicles in Accessible Parking Spaces On a number of occasions staff, have observed delivery vehicles parked in the accessible parking spaces on Temperance Street or parked on Church Street blocking vision of the stop sign rather than using the loading zone provided on Church Street. Engineering staff suggest that reception staff at the Municipal Administrative Centre provide the notice attached to this report to courier and delivery drivers as they are having delivery slips signed. The notice will remind the delivery drivers to use the Church Street loading zone and advising them of the new accessible parking spaces during an introductory period. If compliance does not occur, municipal by-law officers will be requested to provide enforcement or make direct contact with the delivery firms. 2.6 Snow Removal at all On-street Accessible Parking Spaces Staff are concerned that persons with disabilities may not be.able to reach the accessible spaces safely if the snow windrows prevent opening of the passenger side doors or access to the sidewalk. When windrows flow onto the curb line of the parking stall, it narrows its width, forcing the motorist to park closer to the travel lanes thereby reducing safety. Staff are proposing that the Operations Department include all on-street accessible parking spaces in its sidewalk snow clearing contract for the removal of windrows similar to the existing Senior driveway windrow snow removal program to ensure accessibility year round. Accessible spaces in parking lots may also need occasional snow removal to ensure that the spaces are not reduced in size. 3.0 Conclusion The municipality should provide the number of Accessible Parking Spaces in Municipal parking lots as per the standards proposed through the draft zoning by-law. The guidelines should be followed unless it can be demonstrated why accessible parking is not required for a speck area. The proposals in this report were circulated to the Planning Department and to the Clarington Accessibility Advisory Committee for general comments prior to final preparation. 724 Report#lEGD-21-05 Page 9 Attachments: Attachment 1 - Key Map Downtown Bowmanville Municipal Parking lots Attachment 2 - Correspondence dated May 3, 2004 MTO Vehicle Licence Office Attachment 3 - Accessible parking standards proposed through the draft zoning by-law as recommended by the Clarington Planning Department Attachment 4 - Notice to couriers and delivery drivers Attachment 5 - Proposed by-law to amend by-law 91-58 Interested parties to be advised of Council's decision: Andrew Kozac, Chair Clarington Traffic Management Advisory Committee David Kelly, Chair Clarington Accessibility Advisory Committee Fred Horvath Operations Len Creamer By-law Enforcement Jennifer Cooke Communications 725 k IF REPORT EGD-21-05 ATTACHMENT NO. 1 ATTACHMENT NO.:2 REPORT NO.: EGD-21-05 Laberimi Enterprises Inc Driver & Vehicle Licence Office # 386 100 King St.. E. Bowmanville, ON L1C IN5 (905) 6 - nn RECEIVED Fax May 3,2004 MAY — 5 2004 MnnicipakityofClarin" MUNICIPALITY OF CLARINGTON 40 Temperance Street, MAYOR'S OFFICE Bowmamille,ON L1C 3A6 Anemiom Town Council Re:Designated disabled parking space We recently called the by-law office inquiring about the procedure to convert a parking space on King Street into a disabled parking spot and were advised by Len Cramer that a request wrntld have to be made by letter and forwarded to council Laberimi Entap;ises Inc.is the private Driver&Vehicle issuer for the Nlinisuy of Transportation in BowmanvMe. We re-located to our new office at 100 King Street East in March 2002. In September 2003,the IvEnistry privatized the Driver Examination offices. As a result of this change,aD senior drivers must now renew their licences at a private issuing office. Many of these drivers use the disabled parking permits. The Ministry is asking us to provide a disabled parking space in close proximity to the front door to assist the senior drivers as well as any other members of the public in possession of disabled parking permits. Therefore we arc requesting that a parking space on Icing Street be designated as a disabled parking spoL The first available parking space on the north side of King Street,east of George Street would be the preferable location,as this would allow the easiest access into our office. The curb in this spot is already an mating it a safe location for depamae from the passenger side of the vehicle. Thanking you for your attention to this matta. Bens AveryK!/ n.:.. President ACK. BY . Laberimi Enterprises Inc. C(1 IF S. 4.11-te Fie . ._ _---------- __._:_E7=_— LLL _�}...._— .x::•CSJ:r i- •'.li.Ar � r t.-.,a.�. x_ - ` �.•.. - ^I � -. 'Z-l--•!.. con�.. .. ATTACHMENT NO.:3 Section 6 Off-Street PREPORT ri nd L Loading_ 6.2.5 TABLE REGULATIONS-NUMBER DISABLE Legend Notation Number of Parking Spaces Required By Table 6-2 Parton S aces for Physically Disabled t 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 g 401 to 500 g 501 to 1000 2%of total Greater than 1000 21 spaces plus 1 space for•every additional 100 s aces or pail thereof over 1000 Notations for Table 6-3 ttl Nosing homes,retirement homes,hospitals,medical clinics and medical offices shall provide twice the number ofpak ng spaces for the physically disabled as required by Table 6-3. 63 Parking Area Location and Design Standards 6.3.1 For the purposes of this By-law: a) Aisle shall mean that part of a parking area used for the manoeuvring or circulation of motor vehicles. An aisle shall have a minimtun width of 4.5 metres for one-way traffic or 6 metres for two-way trailiq b) Commercial Parking Area shall mean a parking area where short term parking of motor vehicles is provided for a fee,and may include a kiosk for the parking attendant; c) Driveway shall mean that portion of a lot designed to provide motor vehicle access from the lot to the travelled portion of the street,private road or lane, d) Enclosed Parking Area shall mean a parking area located within a building or structure, including multi-storey structures such as aboveground or underground garages. e) Parking Area shall mean an area within a building or structure or an area of land not located on a sheet,private road,'or lane which is used for the parking of more than one motor vehicle with or without a fee being charged, but shall not include any area where motor vehicles are kept or stored for sale or repair. fhrinntnn 7nninn Rv.Bu,trlraftt p � � 728 Section 6 Off-Street Parking and Loading r 6.1.2 :.t DMEENSIONS r Legend Parking S ace r * Not applicable Other at Notation Width pl Length Regulations Angled 2.75 m (3) 5.7 m measured on the $ angle Parallel 2.75 in (3) 7 m * �^ 5.7 m;or r, Perpendicular 2.75 m pl 5.4 in in front of Width of landscaped area or landscaped area or walkway-2.4 m r walkway(� Tandem 2.75 m (3) 5.7 m Physically I space-4.5 in Disabled 2 or more abutting spaces 5.7 m # -3.4 in each Garage 2.75 in 5.7 in Area - 18.6 m2 Notations for Table 6-1 (rl Where a parking space abuts a wall along its length, the minimum required width of the parking space shall be increased by 0.25 m. In the case of a 2 car garage, the minimum width of only 1 parking space must be increased. t2) Angle of parking space -45 degrees (3) Width of 2 outdoor perpendicular parking spaces for a single detached, semi-detached or duplex dwellin -4.6 m. This provision does not apply to semi-derached dwellings in the 113A Zone. 6.1.3 A required parking space shall only be used for the parking of operative, currently licensed motor vehicles unless otherwise specified in this By-law. C 6.1.4 One commercial motor vehicle not exceeding four tonnes registered gross weight at capacity may use a required parking space within any Residential Zone. 6.1.5 The parking spaces in the R 1,R2, and R3A zones required for residential uses and for a home Fr- ..occupation may be provided in tandem. 6.2 Parking Space Requirements LW 6.2.1 Parking spaces shall be provided on the same lot as the building, structure or use requiring the L parking and shall be calculated in accordance with the requirements specified in Section 6.2.3 and 6.2.4. The number of required parking spaces shall be rounded up to the next whole number. L 6.2.2 Where the required parking spaces cannot be provided on the same lot as the use requiring the L parking, the required parking spaces may be located on another lot, subject to the following: L L Clarington Zoning By-law (Draft) Page 6-2 r 729 ' Z TEMPERANCE ST. dW dYV dW a v o o N (n D o C W •� N F- N 0 ��,,{{ ec C O °�tJ aaw jet C w V)Z V O Q � C.7 C9 O Z O Z ? !L Z Y Y Q d Y Q a a N a a a . o a 0 O J J Q o W a N m cn C U l O ul c t- a (if 0 3 o w w z cp fx Z < -6 -6 O a = z m a U o Z] o o a = of 0 U i Ua E a ° ° o "' Li m n Ir0Oo Li >a? m ro °Z � aNNO O a w?Z 25 M °Z ° a0a 0OOVn J Lj :m a w V7 Q W 2 (n Lu V =1_j:2 O v) < Z O 0rn n J SILVER ST. ATTACHMENT NO.:5 REPORT NO.: EGD-21-05 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 k desirable to amend By-law 91-58; NOW THEREFORE the Council-of the Municipality of Clarington enacts as follows: 1) Schedule XXIX "ON-STREET PARKING FOR DISABLED PERSONS" of By-law 91.58 is amended by deleting the schedule in its entirety and substituting thereto a revised Schedule XXIX "ON-STREET PARKING FOR DISABLED PERSONS" as follows: SCHEDULE XXIX ON-STREET PARKING FOR DISABLED PERSONS COLUMNI COLUMN2 COLUMN) COLUMN4 Hiahwav Side Between Tlmea or Days Church Lane South 85 in and 98 m East of Durham Anytime (Newtonville) Region Road 18(Newtonville Road) Church Street South 28 m and 44 m West of Anytime (Bowmanville) Temperance Street Church Street South 7m and 21 m West d Anytime (Bowmenville) Temperance Street King Street East North 10 m and 17m East of George Street Anyone (Bowmenville) Prince Street North 105 m and 120 m east of Durham Anytime (Bowmanvile) - Regional Road 14 (Liberty Street South) Temperance Street East 56 m and 63 m north of Queen Street Anytime (Bowmanvute) 731 -2- 2) Schedule XXX "OFF-STREET PARKING FOR DISABLED PERSONS' of By-law 91-58 is amended by deleting the schedule in its entirety and substituting thereto a revised Schedule XXX"OFF-STREET PARKING FOR DISABLED PERSONS"as follows: SCHEDULE XXX OFF-STREET PARKING FOR DISABLED PERSONS COLUMN I COLUMN 2 Lo<_ Bltble Number of Stalk Muricpaity of Clarington- 4 ' Courtice Community Complex 2950 Region Road 34/Courtice Road (Courtice) Municipality d Clarington- 5 South Courtice Community Complex 1595 Prestonvale Rd (Courtin) Municipality of Clarington- 2 Church St Parking Lot 132 Church Street (Bowma"Ile) Municpality of Clarington- 2 Darlington Sports Complex. (Hampton) Mun4aGty of Clarington-. 4 Division Street Parking LM 30 Division Street (Bowrranvile) Municipality d Clarington- 2 Fitness Centre Parking Lot 49 Region Road 14/Liberty Street North (Bowrnanvile) Muhl palty dClerington- 9 G.Rickard Recreation Complex ' 2440 Durham Hwy 2 (BowrnanvNe) Muricpality of Clarington 2 IGng Street Parking Lot 201Gng Street East (Bowrnanvele) Municipality of Clarington- 2 Mil Street Parking Lot 49 Region Road 171M01 Street North (Newcastle) Muniepaity d Clarington- 2 Newcastle Memorial Arena 103 Caroline Street West (Newcastle) Muricpatlty of Clerington- 2 Silver Street Parking Lot 15 Sever Street (Bownanvlbe) 732 _3. Municipality d Clarington- 2 Silver Street Parking Lot 25 Silver Street (Bowmerwile) Clarington Mal 14 2379 Durham Hwy 2 (Bowmanvile) Clarington Mal 1 2387 Durham Hwy 2 (Bowmanvile) Clarington Mal - 2 90 Clarington Boulevard (Bowmanvite) 3) This By-law shall come into force on the date that it is approved and when signs to the effect are erec(ed. BY-LAW read a first and second.time this 27"'day of June,2005. BY-LAW read a third time and finally passed '`is 27h day of June,2005. John Mutton, Mayor Paid L. Barr, Municipal Clerk 733 ATTACHMENT NO.:2 REPORT NO.:Addendum to EGD-21-05 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 Municipality of Clarington enacts as follows: 1) Schedule XXIX "ON-STREET PARKING FOR DISABLED PERSONS' of By-taw 91-58 is amended by deleting the schedule in its entirety and substituting thereto a revised Schedule XXIX "ON-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY"as follows: SCHEDULE XXIX ON-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY COLUMN COLUMN2 COLUMN COLUMN Hi hwa Side Between Times or Days Church Lane South 85 m and 98 m East of Durham Anytime (Newtonville) Region Road 18(Newtonville Road) Church Street South 28 m and 44 m West of Anytime (Bowmanville) Temperance Street King Street East North 10 m and 17m East of George Street Anytime (Bowmanville) Prince Street North 105 m and 120 m east of Durham.Anytime (Bowmanville) Regional Road 14 (Liberty Street South) Temperance Street East 56 m and 63 m north of Queen Street Anytime (Bowmanville) -2- 2) Schedule XXX "OFF-STREET PARKING FOR DISABLED PERSONS" of By-law 91-58 is amended by deleting the schedule in its entirety and substituting thereto a revised Schedule XXX"OFF-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY"as follows: SCHEDULE XXX OFF-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY COLUMN? COLUMN2 Location Number of Stalls Municipality of Clarington• 4 - Courtice Community Complex 2950 Region Road 341Courtice Road (Courtice) Municipality of Clarington- B South Courtice Community Complex 1595 Prestonvale Rd (Courtice) Municipality of Clarington- 2 Church St Parking Lot 132 Church Street (Bowmanville) Municipality of Clarington- 2 Darlington Sports Complex (Hampton) Municipality of Clarington- 4 Division Street Parking Lot 30 Division Street (Bowmanville) Municipality of Clarington- 2 Fitness Centre Parking Lot 49 Region Road 14/Liberty Street North (Bowmanville) Municipality of Clarington- 9 G.Rickard Recreation Complex 2440 Durham Hwy 2 (Bowmanville) Municipality of Clarington 4 King Street Parking Lot 20 King Street East (Bowmanville) Municipality of Clarington- 2 Mill Street Parking Lot 49 Region Road 171Mill Street Nor (Newcastle) Municipality of Clarington- 2 Newcastle Memorial Arena 103 Caroline Street West (Newcastle) Municipality of Clarington- 2 Silver Street Parking Lot 15 Silver Street (Bowmanville) - Municipality of Clarington- 2 Silver Street Parking Lot 25 Silver Street (Bowmanville) -3- Clarington Mall 14 2379 Durham Hwy 2 (Bowmanville) Clarington Mall 1 2387 Durham Hwy 2 (Bowmanville) " Clarington Mall 2 90 Clarington Boulevard (Bowmanville) 3) The List of Schedules of Sy-law 91-58 is amended by deleting XXIX ON-STREET PARKING FOR THE DISABLED XXX OFF-STREET PARKING FOR THE DISABLED AND REPLACING WITH XXIX ON-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY XXX OFF-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY 4) The Table of Contents of By-law 91-58 is amended by deleting 22 ON AND OFF-STREET PARKING FOR DISABLED PERSONS AND REPLACING WITH 22 ON AND OFF-STREET ACCESSIBLE PARKING FOR PERSONS WITH A DISABILITY 5) This By-law shall come into force on the date that it is approved and when signs to the effect are erected. BY-LAW read a first and second time this 27h day of June,2005. BY-LAW read a third time and finally passed this 27th day of June, 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk Other Business Clc�t111�11 MEMO Leading the Way CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: June 23, 2005 Subject: COUNCIL MEETING —JUNE 27, 2005 APPOINTMENTS TO THE CLARINGTON ANIMAL ADVISORY COMMITTEE, THE CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE AND THE CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE Listed below are the individuals who have applied to sit on the above noted Committees. The application forms have been distributed under Separate Cover. Clarington Animal Advisory Committee (two to be appointed) Rhonda Hooper John Sturdy Clarington Traffic Management Advisory Committee (Ward 1) Lisa Robinson Clarington Accessibility Advisory Committee Norman Hannan Application f ms have been distributed under Separate Cover. i Patti L. Barrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 SUMMARY OF BY-LAWS JUNE 27, 2005 BY-LAWS 2005-108 being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (the "Act') (Item #3 of Report #1) 2005-120 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Scugog Street Reconstruction, Bowmanville (Item #2a of Report #1) 2005-121 being a by-law to establish a Reserve Fund For Development Charges — Transit (Item #4 of Report #1) 2005-122 being a by-law to establish a Reserve Fund For Development Charges — Parking (Item #4 of Report #1) 2005-123 being a by-law to adopt Bowmanville Community Improvement Plan (Item #5 of Report#1) 2005-124 being a by-law to exempt certain portions of Registered Plan 702 from Part Lot Control (Item #8 of Report #1) (Frank Canonaco) 2005-125 being a by-law to exempt certain portions of Registered Plan 10M-831, from Part Lot Control (Item #9 of Report#1) (Syvan Developments Limited) 2005-126 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Item #10 of Report#1) (Prestonvale Road Land Corp.) 2005-127 being a by-law to amend Sign By-law 97-157, as amended of the Municipality of Clarington (Item #12 of Report#1) (Fairhaven Investments Inc.) 2005-128 being a by-law to exempt a certain portion of Registered Plan 40M-2066 from Part Lot Control (Item #14 of Report #1) (Orchard Park Estates (Bowmanville) Inc.) 2005-129 being a by-law to exempt a certain portion of Registered Plan 40M-2096 and a certain portion of Registered Plan 40M-2172 from Part Lot Control (Item #15 of Report#1) (Vermont Village Homes) 2005-130 being a by-law to exempt certain portions of Registered Plan 10M-2178, from Part Lot Control (Item #16 of Report#1) (1189286 Ontario Inc. (Gary Breda)) 2005-131 being a by-law to declare the lands more particularly described as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Part Lot 9, Concession 2, former Town of Bowmanville, to be surplus (Item #17 of Report#1) 2005-132 being a by-law to declare the lands more particularly described as Part 4 on Plan 40R-22242, Part Lot 35, Concession 2, former Township of Darlington, to be surplus (Item #17 of Report#1) 2005-133 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Item #18 of Report #1) (1477677 Ontario Limited (Baywood Homes)) 2005-134 being a by-law to adopt Amendment No. 45 to the Clarington Official Plan (Item #18 of Report #1) (1477677 Ontario Limited (Baywood Homes)) 2005-135 being a by-law to repeal By-law 90-130 and replace it with a by-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning Services and the Director of Engineering Services (Item #20 of Report #1) 2005-136 being a by-law to exempt certain portions of Registered Plan 1 OM-829 (Item # 22 of Report #1) (Scott Pushman) 2005-137 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item #24 of Report#1) 2005-138 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hamden & King Construction Inc., Ajax, Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets (Item #28 of Report#1) 2005-139 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Trisan Construction, Schomberg, Ontario, to enter into agreement for the Sidewalk Construction, Various Locations (Item #29 of Report#1) 2005-140 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Royalcrest Paving & Contracting Ltd., Markham, Ontario, to enter into agreement for the Soper Creek Recreational Trail, Bowmanville and Lion's Trail, Newcastle Paving (Item #30 of Report #1) 2005-141 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Crisys Limited, Markham, Ontario, to enter into agreement for the upgrade of software and hardware for the existing Fire Dispatch System (Report#5) 2005-142 being a by-law to authorize the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and the Corporation of the Municipality of Clarington, pursuant to SPA 2004'034 (Report#6) 2005-143 being a by-law to amend By-law 2005-067, a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Report #8) 2005-144 being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 2003-185, as amended (Report#9) 2005-145 Being a by-law to amend By-law 84-63, respecting certain of its provisions including provisions applicable to certain lands in the Bowmanville West Town Centre (Report #10) 2005-146 being a by-law to adopt Amendment No. 43 to the Clarington Official Plan (Unfinished Business Item #2) 2005-147 being a by-law to adopt Amendment No. 44 to the Clarington Official Plan (Unfinished Business Item #3) 2005-148 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 2005-149 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (passed by Council on March 21, 2005) 2005-150 Confidential Report PSD-098-05 - Property Matter (Report #14) 2005-151 Confidential Report PSD-098-05— Property Matter (Report #14) 2005-152 Confidential Report EGD-022-05 — Property Matter (Item #32 of Report #1) 2005-153 Confidential Report EGD-019-05 — Property Matter (Item #32 of Report#1) ' n CIar�n�to REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday June 27, 2005 Addendum to Report#: PSD-078-05 File #: PLN 38.4.1; By-law #: COPA 2002-002; COPA 2002-009 Subject: BOWMANVILLE WEST MAIN CENTRAL AREA SECONDARY PLAN REVIEW AMENDMENT 44 TO THE CLARINGTON OFFICIAL PLAN AND RELATED APPLICATIONS BY HALLOWAY HOLDINGS LIMITED AND WEST DIAMOND PROPERTIES INC. /PLAYERS BUSINESS PARK LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-078-05 be received; 2. THAT Council provide direction to staff with respect to the recommendations of the Commercial Policy Review and Reports PSD-077-05 and PSD-078-05; and 3. That the Region of Durham Planning Department and all interested parties be notified of Council's decision. Submitted by: 4J. L �-- Reviewed by: e, M.C.I.P., R.P.P. anklin Wu, Director of Planning Services Chief Administrative Officer DJC*sh*df June 27, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 2 1.0 Introduction 1 .1 At the Special General Purpose and Administration Committee meeting on June 13, 2005, the Municipality's consultants and staff reported on results of The Commercial Policy Review (CPR) and the Bowmanville West Main Central Area Secondary Plan Review through reports PSD-077-05 and PSD-078-05 respectively. The results of the studies led to recommendations for amendments to the Clarington Official Plan. The June 13th meeting was a Public Meeting under the Planning Act to hear submissions on Proposed Amendments 43 and 44 to the Clarington Official Plan. 1.2 Since that meeting, staff proceeded to draft companion amendments to the Municipality's Zoning By-law 84-63. The proposed amendment includes general amendments and changes to the zoning for five sites in the Bowmanville West Town Centre. 1 .3 The purpose of this report is to summarize briefly the submissions received to date and the meetings held to address issues and concerns with respect to the Proposed Amendments 43 and 44. It provides staff's response to select issues with the view that Council will provide direction for further discussions with the development proponents in West Bowmanville to address the remaining issues in one manner or another. 1 .4 On June 13th, I also indicated that I would report on the results of the June 17� pre hearing conference on various appeals by development proponents in West Bowmanville. In light of the Committee's decision to refer reports PSD-077-05 and PSD-078-05 back to staff, the parties agreed to a postponement of the pre-hearing conference until September 6th, 2005. 2.0 PUBLIC MEETING SUBMISSIONS 2.1 At the public meeting, submissions were heard on both Proposed Amendment 43 and Proposed Amendment 44 together. In some cases, the submissions were accompanied by written material. For the purpose of this report, the written submissions are not reproduced but will be included in a subsequent staff report. 2.2 Stanley Stein, Osler Hoskin and Harcourt, on behalf of Zellers Mr. Stein suggested that the proposals for commercial development being recommended by staff were extremely aggressive. Mr. Stein had submitted an analysis by Joseph Urban Consultants providing a peer review of the urbanMetrics analysis undertaken on behalf of the Municipality. He noted that the assumptions used in the analysis were aggressive and could do serious harm not only to Zellers but to the existing commercial facilities in the downtown. Specific concerns were that: • The inflow assumptions for expenditures by non-Clarington residents were extremely high — 30 % as opposed to a more realistic 15%. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 3 • A directional impact analysis was not undertaken to determine which areas would be hit and how badly. • The impact of adjusting this assumption for Zellers would result in a decline of 25% in sales for in 2007 and with phase 2 opening in by 2010 a decline of 54%. • The impact of adjusting this assumption for other merchants in the DSTM category (such as in the downtown) would result in a decline of 48% in sales for in 2007. • He advised that the assumptions regarding Wal-Mart's productivity (sales per square foot)was understated. Whereas urbanMetrics had assumed $380 per square foot in 2007, he noted that in the settlement of the Guelph case, an assumption of $505 per square foot for 2006 (as corrected in his follow-up correspondence dated June15, 2005). • He suggested a more conservative approach to expansion of retail space with the Loblaws (Real Canadian Superstore) opening first and Wal-Mart proceeding in a phased approach in 2010 and 2016. Mr. Stein noted that the Municipality is faced with a lot of pressure because of the OMB hearing. He requested that Council not be rushed into a decision and for staff to use more conservative assumptions. 2.3 Ron Hooper, on behalf of Bowmanville BIA Ron Hooper, Chair of the Bowmanville BIA spoke in opposition to the amount of retail space being contemplated at this time. He indicated that the 1 million square feet proposed is staggering and totally incomprehensible. He requested a phased approach more closely aligned with population growth. 2.4 Bob. Hann, on behalf of Valiant Property Management Mr. Hann spoke primarily with respect to his proposal for Home Depot on their lands in West Bowmanville. He advocated that a home improvement store would have less impact than competitive retail space. Specific concerns were as follows: If Uptown Avenue is maintained on the proposed alignment there is no room for a Home Depot store. • Uptown Avenue may not be required at all with Brookhill Boulevard. • Building stores around the edges does not provide for a suitable site for tenants. • If approved, the Valiant/Home Depot site would bring additional taxes, development charges and building permit fees to the Municipality and create jobs in the community. 2.5 Brent Clarkson, MHBC Planning Consultants, on behalf of Home Depot Mr. Clarkson indicated that there is a better chance to preserve the downtown with a Home Depot on the Halloway Holdings site. He advised that Home Depot is reluctant to depart from their standard design but they will develop a one-of-a-kind store for ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 4 Bowmanville. Among the design changes proposed are an enhanced garden centre enclosure, enhanced landscaping, eliminating the driveway at the rear of the building, eliminating the rear lumber doors, architectural detailing and panels that resemble brick and stone, trees in front of the building and a walkway in stamped concrete. He also indicated that Home Depot was prepared to build a LEED (Leadership in Energy and Environmental Design) certified building — the first one for Home Depot in Canada. He submitted a design brief including artists renderings of the enhanced elevations. 2.6 Roslyn Hauser, Goodmans LLP, on behalf of West Diamond Developments and Players Business Park Roslyn Hauser noted that residents need appropriate levels of commercial services and the existing facilities are not meeting their needs. She made reference to the outflow of department store expenditures and advised that if her client's application is approved the spin-off effect is that more money would be spent in the downtown. She is in support of the recommendations in the Planning Services report but had a number of concerns which were detailed in a written submission. They are as follows: • The phasing of the Wal-mart and Loblaws stores is neither necessary nor desirable, and may, impede Clarington's ability to achieve an optimal level of retail service and recapture resident expenditures. • The assumptions used by urbanMetrics in their Market Impact Analysis, with respect to recapture, appear to be very conservative. It is their view that the new format Loblaws and Wal-mart in conjunction with other stores not currently in Clarington will strengthen Clarington's retail environment and favorable alter shopping patterns. • Refinement to the urbanMetrics' floorspace assumptions were proposed that, in the view of West Diamond/Players, more accurately reflects the likely built out of new retail space. • Special Policy Area H, including the requirement that a public use facility and lands be conveyed to the Municipality for a nominal fee, should be removed. • The reduction of floor space in the Street Related Retail designation is not warranted. • West Diamond/Players is satisfied with the urban design standards provided changes are made to the numeric requirements to make them more flexible. • West Diamond has concerns with certain transportation policies which impose requirements to construct certain roads that may not be justified by any technical analysis. • The low rise, high density designation should be amended to specifically permit townhouses and stacked townhouses, in addition to apartment buildings. 2.7 Mark Frayne, on behalf of Holburn Biomedical Corporation Mark Frayne advised of the plans by Holburn to establish a Science Research Park on their lands on Bennett Road and referenced the Municipality's study for a larger Science and Technology Park. Holburn is opposed to the proposed amendment to permit home improvement centres by amendment in the light industrial area. They noted that Municipality's market studies do not support a home improvement centre or large format ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 5 retail development on the AYT site at this time. He noted that the Municipality's Official Plan is for employment areas "to provide a variety of economic and employment opportunities in the Municipality' and to "allow for the expansion and diversification of the employment base". He objected to the characterization of Home Depot as a "quasi- industrial" use. Mr. Frayne referenced the preferred policy approach recommended by the consultants to focus commercial development in existing commercial centres. 2.8 Written Submission from Ira Kagan, on behaff of AYT Corporation Mr. Kagan submitted a letter noting their previous request that the AYT application be dealt with at the same time as the Commercial Policy Review. He noted that some of the recommendations of the Commercial Policy Review are at odds with the AYT application and it makes sense for Council to deal with both aspects at the same meeting. He also noted that Council may have to choose between the Halloway Holdings site and the AYT site if only one additional home improvement store could be approved. 2.9 Written Submission by Tenzin Gyaftsan Newcastle IGA Mr. Gyaltsan submitted a letter indicating that the urbanMetrics report fails to adequately address a couple of fundamental issues. • The A&P in the Bowmanville Mall is doubling in size to 55,000 sq. ft. • The A&P at Liberty Street will most likely change to Food Basics or another low price banner. • Sobeys is looking to build a new 55,000 sq. ft. store in Bowmanville shortly. • Other stores, such as Shoppers Drug Mart, are adding a complete dry grocery section in them. As a result of the above, the supermarket space is already diminished prior to the proposed Real Canadian Superstore in West Bowmanville. He requested that these items be reviewed when deciding on additional floor space. 3.0 SUBSEQUENT WRITTEN SUBMISSIONS 3.1 Since the meeting their have been subsequent written submissions and several meetings between the Study Team and several proponents. 3.2 Petition from Small Business Owners Employees and Residents A petition was received containing 613 signatories opposing the opening of a Wal-Mart store in Bowmanville. The petition indicated that for various reasons, a Wal-Mart store was not in the best interests of the people and businesses in Clarington and requested that the plans not be approved. The petitioners included small business owners, employees and residents of the Municipality. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 6 3.2 Written Submission by Bryce Jordan Sernas for Halloway Holdings Bryce Jordan submitted comments and submitted a revised site plan "for discussion only' which attempt to address a number of urban design issues. Home Depot's planner provided a list of 24 issues with respect to the urban design policies. However, both Valiant and Home Depot attempted to address some of the issues through the revised site plan. The other issues raised were: • The land use schedule and policies need to be revised to accommodate the Home Depot store • The alignment of Uptown Avenue needs to be revised to accommodate the Home Depot store • Concern for the significant of the "prominent intersection" policy and the implications regarding accommodating a drive-through restaurant • Concern for the public square policy in consideration for closing the unopened road allowance. 4.0 MEETINGS WITH DEVELOPMENT PROPONENTS 4.1 Several meetings have been held with various proponents with respect to issues raised at the public meeting and subsequent submissions 4.2 Meeting with West Diamond/Players regarding Market Issues On June 22, 2005, staff, the Municipal solicitor and the Municipality's market consultant met with the assistant legal counsel and the market consultant for West Diamond/Players. The purpose of the meeting was to follow-up on the points raised in the submission from Roslyn Hauser regarding the potential for the Wal-mart and Real Canadian Superstore to proceed in one phase. Various assumptions used by the Municipality's market analyst were reviewed. Some of the issues raised included: • The validity of the recapture assumption regarding Department Store expenditures moving from 17% to 50%. A higher recapture would allow for more Department Store space. • Assumptions regarding the West Diamond opening date; that the first full year of operation would be 2008. • Assumptions regarding the retenanting of the existing Loblaws store. • Assumptions that all space would be built at once; providing for natural phasing through the lease-up period. • The Torgan DSTM space should be reduced due to the results of the floodplain analysis. The Municipality's market consultant is doing additional work to address these concerns and those raised by Zellers and Newcastle IGA. This information will be made available to the parties when completed. Staff will report on this in responding to all of the submissions at the Special Council meeting. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 7 4.2 Meeting with Halloway Holdings on Site Plan Issues On June 24, 2005, staff, the Municipal solicitor and the Municipality's urban design consultant met with Halloway holdings representatives, including the Hann family, their planning and engineering consultant, their solicitor and the planner for Home Depot. The meeting explored issues relating to the written submission of Bryce Jordan and Brent Clarkson referenced above. A revised preliminary site plan was presented for review and discussion. The meeting was held on a "without prejudice' basis. Several positive enhancements to the site plan were proposed to address some of the issues in the proposed urban design policies, including the provision of a small park area on the north-east corner of Green Road and Durham Highway 2. The bottom line for Halloway was that the Home Depot could only be accommodated in an 8 acres parcel along Clarington Boulevard and that Uptown Avenue could not bisect the site. 4.3 Meeting with AYT's Consultant Discussions with AYT's planning consultant were held on Monday, June 27, 2005 with respect to possible phasing of the AYT development. 5.0 COMMENTS 5.1 This report is not a comprehensive response to all of the submissions made to date with respect to Proposed Amendments 43 and 44. This will be prepared for consideration at the Special Council Meeting being called for July 15"'. Nevertheless, staff are providing some clarification and response on several specific issues which are important for Council's consideration prior to providing staff with a "road map" for further discussions with the development proponents. 5.2 Home Depot There has been some confusion regarding staff's position regarding the proposed Home Depot store. The consultant and Staff reported that in its view Home Depot was "quasi"-industrial. By "quasi" I meant that it had "some resemblance ... by possession of certain attributes". These attributes were the outdoor storage and display, on-site trucks for the delivery of construction materials and bulk items and internal and external storage of bulk material items that require the use of tow motors, lifts, etc. Home Depot is a retail facility but it is also a wholesale facility catering to contractors purchasing construction materials. A review of a number of Home Depot operations in the east portion of the Greater Toronto Area confirmed the above. Staff's view is that it is not an appropriate commercial use in the context of the Bowmanville West Town Centre and in the specific planning context established since 1993 to create a pedestrian retail environment, particularly along Clarington Boulevard. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 8 Any development should build on existing municipal infrastructure and complement the investment made facilities such as the Cineplex and new High School. The Clarington Official Plan identifies Highway Commercial Areas as the appropriate area for large- format home improvement stores. The position of staff on this issue is not extraordinary but has been supported in a number of other instances including the following: • As Mr. Lehman noted at the Special GPA on June 13th, the Ontario Municipal Board has considered this argument. In 2002, the current Chair and current Executive Vice-Chair of the Board ruled against a home improvement store in Markham noting the following: "It is, however, unwise to accept willy-nilly a large format "big-box" in the form of a home improvement retail centre at this locale as the latter does have a planning profile far different from a collectivity of the various retail components. A home-improvement "big-box" is not just a sum total of a number of parts. It is not just a sum of plumbing fixtures, lumber products, paint and dry wall retail. There is no question it possesses a critical mass, an industrial flavour and an urban design feature markedly different from that of a supermarket or an apparel store. ... To shoehorn a home improvement centre in this designation by viewing this as no more that a larger version of a hardware store is planning sophistry. (emphasis added) • The City of Pickering Council, in dealing with the potential development in Pickering Town Centre West, Council passed a resolution directing staff to convey Council's interest for higher intensity of land uses in this area. Home Depot had expressed interest in this location which was not supported by staff. The Pickering Planning Director has advised that Home Depot was given the opportunity to find a site in their industrial area. Staff continue to recommend that Home Depot, despite all of the enhancements offered by the company, is not an appropriate land use in the context of the planning environment for the Bowmanville West Town Centre. 5.3 Uptown Avenue Alignment There was considerable discussion of the Uptown Avenue alignment at the Special General Purpose and Administration Committee. Halloway Holdings argued that it should follow the unopened Concession Road Allowance. There is the view that, provided that Brookhill Boulevard is established to the north, Uptown is not needed for arterial or collector road movements. Staff do not disagree that if Brookhill Boulevard is constructed, the east-west reliever for Highway 2 is certainly diminished as traffic external to the area have other means of accessing Bowmanville West Town Centre. However, Uptown Avenue still provides two critical functions for Bowmanville West • In the short term, it provides a more localized function for the internal distribution of traffic in the Bowmanville West Town Centre. It distributes traffic moving ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 9 between the various land uses in the area, allowing for less traffic to access Highway 2 in moving from one sector to another; • The Clarington Boulevard/Highway 2 intersection will have the lowest level of service of all intersections in the Bowmanville West Town Centre. Even as a local road distributing traffic within the West Town Centre, Uptown Avenue will provide relief for this intersection; • As a local road, Uptown Avenue provides a pedestrian circulation through the Bowmanville West Town Centre; • In the longer term, it provides for the intensification of the lands. The establishment of the grid and block system, deemed extremely important by Council and the Ontario Municipal Board in 1993, provides for the natural evolution from the current lower density, single purpose uses to redevelop over time to establish a higher order uses. It allows Bowmanville to grow as the eastern anchor to the Region around the transit node being established with the major commercial focus. TSH has reviewed the costs of extending Uptown Avenue from Regional Road 57 to Green Road versus the construction of a new road along the unopened road allowance. The results are as follows: J&i 1 Me Clarington Blvd. to Regional Road 57 • Road $ 989,200 $ 1,231,700 $ 242,500 • Additional Arena Access None $ 181,500 $ 181,500 Sub-total $ 989,200 $ 1,413,200 $ 424,000 Clarington Blvd. to Green Rd. $ 750,700 $ 672,000 $ 78,700 Total $ 1,739,900 $ 2,085,200 $ 345,300 The differences are as follows: There is an overall savings of$345,000 following the Uptown alignment. For Halloway Holdings the additional cost of the Uptown alignment is $78,000. • For the Municipality, there is an additional cost of $424,000 for following the unopened road allowance. It should also be noted that the Municipality and Halloway Holdings have an existing contractual agreement to extend Uptown Avenue approximately 94 metres east of Clarington Boulevard. This includes: The conveyance of 0.187 ha (0.462 acres) The construction of 94 metres of Clarington Boulevard valued at $180,500 The construction of Uptown Avenue through the Halloway site would consume 0.502 ha (1.24 ac), an additional 0.315 ha (0.78 ac) more than their current agreement with the Municipality. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 10 Halloway Holdings acquired the land with the existing development agreement and the existing land use designations, including public and private streets. The purchase price of the lands would have been suitably discounted by Halloway Holdings in recognition of this obligation. Staff undertook additional analysis since the public meeting and in consideration of our meeting with Halloway Holdings on Friday June 24th. A staff-prepared Demonstration Plan illustrates that Home Depot could be accommodated with Uptown Avenue in the alignment as shown in the Municipality's Official Plan. If Council determines that Home Depot should be permitted, staff recommends that Uptown Avenue be retained in its current configuration as a local road. It provides important transportation function in the Bowmanville West Town Centre for the short and long term and it is less expensive that the alternative alignment along the unopened Concession road allowance. 6.0 CONCLUSION It is recommended that Council provide appropriate direction to staff to allow for the finalization of proposed Amendments 43 and 44 and report back on all issues at the July 15`", 2005 Special Council Meeting. ADDENDUM TO REPORT NO.: PSD-078-05 PAGE 11 List of interested parties to be advised of Council's decision: Henry Joseph Ira Kagan, Kagan, Shastri, Barristers & Sol. Ari Yasa Brian Fraser Ron Worboy Mark Rowe B. Westerman Rudi Van Wijngaarden Beth Kelly, Valiant Property Mgmt. Paul &Anne-Marie Halliday Bob Hann, Valiant Property Mgmt. John Huber John Vanderkooi James Scarth Eileen Costello, Aird & Berlis LLP John and Lilian Bouma Gwen Wallace B. Haines Lyn Townsend, Lynda Townsend-Renaud Lilly T. Hinton Law Mary-Ann Kalotai Brent Clarkson, MHBC Planning Limited Diane James Heather Muir Costantine Bruno Carol Duffy Richard Rekker Bruce Curl Alan Vaillancourt Jim and Suzanne Gregory Mavis Carlton Stan Stein, Osler Hoskin & Harcourt Rick Hofstede Todd Gibbon The Greater Toronto Transit Bill Humber Robert DeGasperis, Metrus Properties Inc. Linda Moore Yolanda Gjaltema Ron Hooper John & Lillian Bouma George Kloos Marvin Green, River Oaks Group Richard Lange Kathy Pandell. Geoffrey L. Moore & Associates Ltd. Leroy Clarke Marianne Zwyers Ted Watson Lakeshore Group Hannu Halminen, Halminen Homes Limited Carmine Cupelli Jennifer Stone, This Week Newspapers George Ibanez Brian O'Connor Lawrence Hellinga Richard Marchant R. Tukker David Butler, The Butler Group Inc. A. Sorg Peter Smith, Bousfields Inc. Bryan MacLean Bryce Jordan. G.M. Sernas Associates Linda Hallett and George loanidis Carmela Cupelli Doug Woods Scott Houghton Frank W. Lockhart Nancy Lewis J. Sproatt Maryann Fines Mike Dome E.C. Braham Celeste Terry, Durham Regional Planning Sue Sedlak Gail Rickard N. Gummon James Vinson Otto Provenzano Ian Smith S. Fraser Anthony Turnbull Bill Hinbert Evelyn Rosario Doug Finnson and Terri Bickwell-Potts Suzanne McCrimmon, Clarington Board of Trade Duncan McPherson Jim Russell Trevor Small John Shewchuk, Royal LePage Frank Real Estate Ellen Cowan Paul Wilson Peter Vogel Philip Brent Ray and Joyce Atkinson Peter Walker, Walker Nott Dragecivic Associates Margaret Zwart Limited Steve Zakem, Aird & Berlis LLP Scott Arbuckle, Planning & Engineering Initiatives Ltd. David Crowell, A & P Properties Limited ADDENDUM TO REPORT NO.: PSDw 078-05 PAGE 12 Terry and Phyllis Price Rick Gay, Gay Company Limited Roslyn Houser, Goodmans LLP Mark Pepper REPORT Leading the Way ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday, June 27th, 2005 Resolution #: Report#: EGD-24-05 File #: By-law#: Subject: BUILDING REGULATORY CHANGES — IMPACT OF BUILDING CODE STATUTE LAW AMENDMENT ACT AND ONTARIO REGULATION 305103 RECOMMENDATIONS: It is respectfully recommended: 1. THAT Council receive Report EGD-24-05; and 2. THAT the Building By-law be revised to reflect the changes necessitated by the Building Code Statute Law Amendment Act and the new provisions of the Building Code; and 3. THAT the Code of Conduct contained within the Building By-Law be adopted as the Code of Conduct applicable for the Municipality of Clarington Chief Building Official and all Building Officials appointed to enforce the Building Code Act and the Building Code; and 3. THAT the Code of Conduct be posted on the Municipality's Website as constituting public notice of such; and 4. THAT the delegation of authority be given to the Chief Building Official to appoint Registered Code Agency(ies) for the undertaking of plan reviews and Building Code inspections in accordance with the Act; and 5. THAT the building permit fee structure as detailed in the new Building By-Law be approved; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 Report#EGD-24-05 Page 2 6. THAT the delegation of authority be given to the Chief Building Official to enter into written agreements with respect to conditional permits under Section 8 (3)(c) of the Ontario Building Code Act; and 7. THAT the delegation of authority be given to the Chief Building Official to prescribe additional forms required to confirm additional information from the applicant, which are not in conflict with the forms approved by the Minister of Municipal Affairs and Housing (MMAH). Respectfully by, 1'1W6&'VjL d- Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer RP/mr June 24, 2005 Report#EGD-24-05 Page 3 1.0 BACKGROUND The building regulatory system in the Province of Ontario was recently changed with the introduction of the Building Code Statute Law Amendment Act, 2002 (previously referred to as Bill 124) and associate amendments to the Ontario Building Code (OBC). Municipalities are required to implement these changes by July 1, 2005. The Bill was proclaimed on July 25, 2003, as the Building Code Statute Law Amendment Act, 2002, and Regulation 305/03 was filed to implement the Province's Building Regulatory Reform. Some of the amendments to the Building Code Act, 1992 and the Building Code came into force on September 1, 2003, while the majority of the amendments will take effect July 1, 2005. Subsequent to this filing, the Regulations have been amended by Ontario Regulation 245/05 to repeal the provisions that would have allowed builders to appoint their own private inspection agencies, and as recent as March 29, 2005, with Ontario Regulation 145/04, which revised the qualification and certification, insurance requirements for building practitioners and which provided for some exemptions to specialty designers, and with Ontario Regulation 146/05 which recognized the parallel training certification program to the implemented by the Ontario Architect Association under the Architect Act. Furthermore, on May 10, 2005, the Ontario Regulation 236/05 further amended the Building Code to extend the implementation period of some of the building regulatory changes from July 1, 2005 to January 1, 2006 specifically: • The qualification requirements for municipal building officials and "designers" (ie., designers, architects and engineering consultants); • The registration requirements (ie., qualified staff and insurance) for"design" firms; • The timeframes for the review of building permit applications by municipalities; • The new rules governing building permit fees and cost recovery. Report#EGD-24-05 Page 4 The following changes will still take effect on July 1, 2005: • The mandatory notices of inspection at the defined construction stages and the timeframes for undertaking inspections; • The qualification and certification requirements for the Registered Code Agencies; • The mandatory use of the Province's application form; • The new list of"applicable law"; and • The adoption of a Code of conduct for municipal building officials by municipalities. The Municipality of Clarington has been working cooperatively with municipalities such as Pickering, Brock Township, Whitby and Oshawa towards a uniform Building by-law to be implemented in each municipality. 2.0 DISCUSSION The implementation of these changes to the building regulatory system in Ontario will significantly impact municipalities in the province. Reforms to the current system will include: mandatory qualifications for Building Officials and the Chief Building Official; the adoption of a compulsory Code of Conduct for Building Officials; province-wide uniform permit application forms and orders; mandatory permit review timeframes; revised requirements for the consideration of "complete applications;" a revision to the definition of "applicable law;" mandatory notification for inspections; the implementation of an internship program; revised permit fees; mandatory qualifications for designers; new requirements for the qualification and appointments of Registered Code Agencies; and the establishment of a public registry. 2.1 MANDATORY QUALIFICATION OF BUILDING OFFICIALS AND THE CHIEF BUILDING OFFICIAL As of January 1, 2006, the Chief Building Official and all Building Officials (namely Plan Examiners, Building Inspectors, Fire Prevention Officers, and Plumbing Inspectors) must be qualified by the Province in order to be appointed by the Municipality to continue to undertake plan reviews, inspections and enforcement of the Act and Ontario Building Code. To meet that obligation, each Building Official was required to Report#EGD-24-05 Page 5 successfully complete technical courses and pass, on average, three (3) to eight (8) exams in order to be able to be qualified, registered and subsequently appointed as a "Building Official" by January 1, 2006. Without the requisite qualifications, the municipal employees would no longer be able to undertake activities related to issuing of building permits, inspections, or the enforcement of the Act and Code (with the exception of the internship program). As a result of the Building Division's commitment and staffs efforts in meeting this requirement, the Municipality will have the majority of its Building Officials, as well as the Chief Building Official, qualified prior to July 1, 2005. Any necessary redistribution of projects will be based on the qualification of each individual official. 2.2 CODE OF CONDUCT Section 7.1-(1) of the Building Code Act prescribes that the Municipality must establish and enforce a Code of Conduct for the Chief Building Official and Inspectors. The Durham municipalities have collaboratively developed a Code of Conduct using a model developed by the Large Municipal Chief Building Officials of Ontario (LMCBO) as a starting point. Local 74 of the Canadian Union of Public Employees (CUPE), which represents our municipal staff, was consulted in the preparation of the Code of Conduct and provided comments. The draft Code of Conduct was modified in response to these comments. According to the Building Code Act, the purpose of the Code of Conduct is: 1. To promote appropriate standards of behaviour and enforcement actions, 2. To prevent practices, which may constitute an abuse of power, including unethical or illegal practices, and 3. To promote appropriate standards of honesty and integrity The proposed Code of Conduct recommended for adoption by Council is attached as Appendix D. The Building Code Act also prescribes that the Code of Conduct must be brought to the attention of the public. The Building Division intends to advertise the Code of Conduct Report#EGD-24-05 Page 6 on an ongoing basis via the Municipality's Internet website and by posting the Code at the Municipal Administrative Centre. It is recommended that Municipal Council adopt the proposed Code of Conduct for the Chief Building Official and Inspectors attached to this report as Appendix D. 2.3 UNIFORM PERMIT APPLICATION FORM AND ORDERS As of July 1, 2005, applicants for a permit to construct, renovate or demolish a building must use the permit application form mandated by the Ministry of Municipal Affairs and Housing. The Ministry is also prescribing the Order forms issued by Building Officials, the Chief Building Official and RCAs in their enforcement of Building Code violations. The province-wide forms are not viewed as an improvement or benefit by the larger municipalities who have developed and established computerized management information systems for tracking applications and permits. The new form, as drafted, consists of a minimum of three (3) pages and requires the signature of the owner or authorized agent. The present Municipality of Clarington form is one page only. The new form will increase the volume of records, which must be maintained for lengthy periods. In addition, completion of certain fields on the form and the submission of certain schedules attached to the application form will be obligatory for the application in order to be deemed "complete". When an application is "complete", the mandated timeframes for review and approval/refusal are triggered. The complexity of the form and the requirement that it be complete for it to be accepted will increase the demands on staff at the counter. The 2005 Municipal Budget, as approved, has provided for the addition of a plans examiner to assist the Municipality of Clarington in meeting its obligation and timelines under Bill 124, as well as to assist applicants in understanding the new legislative requirements and to aid them in completing the form. Report#EGD-24-05 Page 7 2.4 MANDATORY PERMIT REVIEW TIMEFRAMES The amended Building Code introduces timeframes, effective January 1, 2006, within which the Chief Building Official must render a decision regarding the issuance of a building permit. Once the determination is made that a permit cannot be issued due to zoning, Code deficiencies, or non-compliance with an applicable law, the Chief Building Official is required to advise the applicant, in writing, of all the reasons. These timeframes vary based on the class of building for which the permit applies (the classes of buildings in the Code reflect the sizes of the buildings and the proposed use and occupancies). New OBC Mandated Timeframes for Permit Approval/Rejection Type of Mandated timeframes building/projects Small homeowner 10 business days projects Tenant improvements 15 -30 business days depending on the size of the building Detached, semi- 10 business days detached, town and row houses Small buildings and small 15 business days farm buildings Large buildings and large 20 business days farm buildings Complex buildings 30 business days Where the Chief Building Official fails to provide a decision regarding the issuance of a permit or fails to provide the reasons for the refusal within the mandated timeframes, the applicant is able to refer the matter to the Building Code Commission for determination. The Building Code Commission, located in Toronto, will review these disputes within five business days of receiving notification by the applicant. It is unclear what condition will be stipulated by the Commission to compel the Chief Building Official to complete the review and provide determination of compliance. Presently, the Code does not impose timeframes for decisions as to the issuance of a permit. The current performance levels for rendering a decision to issue or not to issue is based on the resource allocation, the demand for services (whether normal or Report#EGD-2405 Page 8 accentuated by seasonal or economic cycles or artificial peaks due to, for example, a rush to obtain permits in advance of the new Development Charges By-laws) and the type of building proposed to be constructed, renovated or demolished. Based on the current resource allocation, delays are unavoidable whenever spikes in building permit applications occur. The proposed Building by-law has included outsourcing the review of building permit submissions to Registered Code Agencies (RCAs). However, in reality, assistance will be difficult to obtain due to the limited pool of Building Code-competent Registered Code Agencies (RCAs) in the private sector. 2.5 MANDATED TIMEFRAMES The impact of the mandated timeframes is significant, particularly with respect to the timeframes for permit applications for single-family residences, duplexes, row and town- home blocks. At present, the turnaround time for these applications exceeds the new mandated response time of 10 business days. These permit applications represent 80% of total permit applications submitted annually. Similar excesses in review times exist for the larger and more complex permit applications, as well. The Building Division proposes to adopt changes to the existing service delivery model, such as the hiring of an additional plans examiner, in its efforts to meet the new timeframes while the full impact of these new requirements is mitigated. 2.6 "COMPLETE APPLICATION' The new regulations define what constitutes a "complete application," which essentially triggers the timeframe for providing a decision as to the status of an application. A "complete application" is defined as having all the applicable fields in the Ministry's form filled, all the completed schedules attached, the submission of plans and specifications, as required by the by-law, and the payment of permit fees. This new definition of what constitutes a "complete application" is problematic for the applicant, as well as for the Building Division. It is problematic for the applicant because the form requires information to be completed that is beyond practical knowledge of the average applicant. It is problematic for the Municipality because this requires additional Report#EGD-24-05 Page 9 staff time to assist in permit application completion. Also, the new Act and Code do not address the matter of quality of information and drawings being submitted, without which the initial review at the time of submission may become very lengthy, thus creating longer waiting times at the counter. As a result of the timeframes and the anticipated difficulties to be encountered by applicants in completing the application and some of the schedules, it is necessary for the Building Division to subscribe to stricter and higher standards for the acceptance of permit applications. Specifically, the mandated timeframes and the new application form will require the Building Division to pursue two (2) immediate customer service strategies: 1) Initial review at the time of application submissions Applications will undergo a detailed scrutiny at the counter in order to determine whether an application is "complete", whether it should be accepted or rejected on the spot, and if accepted, which process stream will apply. This will require staff to exercise a competent and thorough understanding of the Ontario Building Code at the permit counter. To the applicant, there will be an immediate improvement in service delivery, as the status of the application will be established at the outset, with timelines for approval or rejection clearly communicated. This will reduce inefficiencies created as a result of poor applications being dropped off at counters, with staff having to make numerous follow-up calls to request the submission of missing information, plans or specifications. The accountability of both the applicant and the Municipality will be clear. Efficiencies will be achieved for clients who understand what is deficient in their applications, thus enabling the applicant to quickly address any shortfalls. 2) Streaming of applications Once the application is accepted, the timelines imposed by the new legislation will come into play. It is anticipated that for a period of time following the implementation of the new legislation, three (3) kinds of applications will be submitted for review: Report#EGD-24-05 Page 10 • Complete applications, that is, the form is complete with certificates of approvals attesting to the compliance (e.g., septic permit, certificate of approval from Ministry of Transportation and Conservation Authorities, site plan approval, etc). Mandated timeframes for the application will commence at the moment the application is accepted. • Deficient applications, that is, the form is complete, however, the certificates of approvals attesting to compliance with the applicable laws remain outstanding or drawings and specifications are not in compliance with the Building by-law. In such cases, the Building Division will suggest the applicant not submit the application until it is complete. Should the applicant insist on applying for a building permit with a deficient application, the Building Division will accept the application, providing that the applicant waive the mandated timeframe in a written form as required by the Ontario Building Code. This will allow a deficient application to be reviewed prior to all documents being submitted. • Premature applications, that is, applications with insufficient information (application form and/or plans), lacking the certificates of approvals attesting to compliance with the applicable laws, or with fees outstanding will not be accepted or processed. The rejection of applications at the point of submission represents a significant departure from the Building Division's current practice. However, as a result of this new approach, service will improve for those applicants who have submitted complete applications and the level of customer satisfaction provided to applicants at the counters will be enhanced. The Building Division will monitor timeframes on an ongoing basis in order to determine if we are meeting the regulation. 2.7 APPLICABLE LAW Building Officials have been assigned the responsibility of ensuring specific requirements set out in various federal and provincial legislations are met as a Report#EGD-24-05 Page 11 prerequisite to issuing a building permit. Only provisions that establish a standard related to the construction or demolition of a building are deemed "applicable law." The definition of"applicable law" under the Building Code has been clarified to include a specific list of laws (38 in all) that require compliance before a permit can be issued. The new listing will serve to clarify to municipalities, the courts and to applicants as to what entails applicable law. Initially, the Province proposed to require the applicants identify all applicable laws and determine whether the proposed construction was in compliance with all applicable laves. This determination of applicable law is beyond the abilities of the majority if applicants and, as such, the reference list issued by the Ministry of Municipal Affairs and Housing (MMAH) is very necessary. However, it may still be difficult for the average non-professional applicant to be sure that they are in compliance. Nevertheless, they must still certify on the permit application that they are in compliance with these related Acts. As the new listing only includes federal and provincial legislation, there is a need to identify and expand the list to include local applicable laws. 2.8 MANDATORY NOTIFICATIONS, INSPECTIONS AND INSPECTION TIMEFRAMES The new legislation introduces a legislated timeframe for undertaking building inspections, which will now be triggered by mandatory notifications by the permit holders. Also, the new Ontario Building Code specifies additional inspections over and above the Municipality's current inspections program. The new legislation permits a municipality to add, by by-law, to the list of mandated inspections. In addition to those inspections mandated by the Ministry of Municipal Affairs and Housing (MMAH), via the Building by-law, we will require additional inspection of the following: i) masonry fireplaces and masonry chimneys, ii) factory-built fireplaces and allied chimneys, and iii) stoves, ranges, space heaters, and add-on furnaces using solid fuels and allied chimneys, iv) substantial completion of interior finishes and v) substantial completion of heating equipment. It is felt that these additional inspections are necessary in order to reduce exposure to liability for the Municipality. Report#EGD-24-05 Page 12 The Municipality must undertake the inspections within two business days of receiving a notice from the permit holder of the readiness for inspection at defined stages of construction. The Building Division presently responds to notifications within a range of 24-48 hours. While the response time as dictated by the Province does not in itself present a significant challenge, the mandatory inspections that must be undertaken will impact staff resources. Furthermore, failure by the applicant to notify the Building Division of the need for inspection will result in significant staff time to address "missed" inspections. Presently, it is the municipality's prerogative to define what inspections must be booked, as well as when and how these are to be booked. The new Ontario Building Code, however, directs the permit holder to notify the Municipality at a number of stages of construction and then requires the Municipality to respond to the notices within the defined timeframe. The legislation has essentially shifted the control over the allocation of limited resources (via scheduling) from the Municipality to the permit holder. In addition, the legislation has added to the number of inspections the Municipality currently requires, particularly for residential housing, which is a segment of the construction industry that occupies a majority of the Building Division's resources. 2.9 INTERNSHIP PROGRAM Recruitment of qualified and Code competent Building Officials has been very difficult, as the pool is limited and competition is fierce. Originally, the new legislation did not recognize any internship program and municipalities were at risk of having to train and qualify new recruits for at least one year before these trainees could undertake any inspections. On March 29, 2005, the Province amended the Code to allow for an internship program for Building Official trainees. This will enable the Municipality to hire unregistered individuals to work under supervision while they complete the required qualification levels. It is also a vehicle for Report#EGD-24-05 Page 13 retaining existing staff in a working capacity while they continue their required qualification training. 2.10 PERMIT FEES The new legislation directs municipalities to set building permit fees to recover only the cost of servicing building permits and the cost of enforcing the Building Code Act and Building Code. The costs of servicing building permits and enforcing the Act and Code include direct and indirect costs as well as the use of reserve funds, such as a revenue stabilization fund, that would ensure the Municipality is able to discharge its legislative duties at all times. Building permit costs in the Municipality of Clarington have historically covered all the internal cost of the Building Division, yet other costs such as support costs of other departments (i.e. zoning clearance, fire prevention, overhead, office space, and computer costs) had not been included. In order to establish permit fees that comply with the requirements of the Building Code Statue Law Amendment Act, 2002 and Ontario Regulation 305/03, the Municipality retained the services of Hemson Consulting Ltd. to undertake a study. This study analyzes the costs of administering and enforcing the Building Code in the Municipality and making recommendations regarding a new building permit fee necessary to recoup the cost of providing the required building permit services. Report#EGD-24-06 Page 14 The following table lists the allowable cost recovery items and establishes a total cost projected for 2005 for the provision of Building Code services in the Municipality. TOTAL COSTS Direct Costs $1,248,512 Indirect Costs $198,381 Anticipated Costs Pay Equity Adjustment $40,000 included Training above included Examinations above included New Deadline Compliance above Interest on Borrowing none Reserve Fund Contributions $60,000 Subtotal $1,546,893 Inflation Adjustment(6.25%) $96,681 Total Costs $1,643,574 this represents a five year averaging in order to provide a stable building permit fee for the next several years. In order to mitigate the impact, the average building permit revenue for the period of the years 2001 to 2004 inclusive, was used in the amount of$1,164,726 to arrive at a necessary increase in the existing fees. Upon comparison, the total costs projected for 2005 exceeded the average building permit revenues from 2001 to 2004 by 41.11%. Projected Costs $1,643,574 Average Revenues 2001 to 2004 $1,164,726 % Difference 41.11% Report#EGD-24-05 Page 15 Therefore in accordance with the provisions of the Building Code Statue Law Amendment Act, 2002 and Ontario Regulation 305/03, the Municipality is permitted to increase building permit fees by 41.11%. The resulting new building permit fee will be slightly higher than the current average fee in the Greater Toronto Area (GTA). Please be aware that many other municipalities are still in the process of assessing the impact of Bill 124 on their fee rate structures and it is difficult to ascertain where the new median fee for the GTA will fall. MUNICIPAL COMPARISIONS - BUILDING PERMIT FEES Current Fee Scale(ie. Pre-Bil 124) $/m2 Municipality Single Dwelling One Storey Multi-Storey Industrial Plaza Shell Office Shell Warehouse Oshawa $7.25 $7.14 $7.86 $4.95 Oakville $7.80 $7.60 $8.13 $6.77-$3.82 Burlington $8.26-$10.65 $7.08 $8.07-$9.54 $6.60-$4.52 Pickering $8.50 $7.00 $8.50 $8.50 Ajax $8.50 $9.00 $10.50 $5.50 Whitby $8.50 $7.54 $9.37 $5.81 Brampton $9.10 $8.00 $9.00 $6.50 Vaughan $9.75 $7.00 $8.75 $5.40 Richmond Hill $975 $7.00 $8.75 $5.40 Caledon $9.90 $8.00 $9.50 $4.60-$7.20 Mississauga $10.29-$13.00 $8.47 $4.30-$11.87 $4.75-$7.57 Markham $10.55 $11.00 $12.90 $9.00 Toronto $12.60 $10.70 $13.20 $6.80-$11.55 GTA Average $9.06 $8.12 $9.53 $6.22 Clarington 2005 $9.12 $8.96 $11.09 $6.99 Proposed It should be noted that, as requested by Council, that the Building by-law exempts building permit fees for buildings constructed by or for the Corporation of the Municipality of Clarington and Lakeridge Health Bowmanville. However, the value of these permit fees is taken into account by the Treasurer when completing our annual report. Report#EGD-24-05 Page 16 The Director of Finance has reviewed the financial contents of this section of the report and concurs with the methodology of the calculations used for the determination of the increase of the building permit fees. 2.11 ANNUAL FEE REPORT The new Act requires the Municipality to prepare an annual report outlining the revenues and costs of servicing building permits and enforcing the Building Code Act and the Building Code. Specifically, the Municipality must provide the following information in a report: • Total fees collected in the previous fiscal period, • The direct costs of servicing building permits and enforcing the Building Code Act and the Building Code, • The associated indirect costs, and • The status of the reserve fund(s), if any are established 2.12 CHANGING PERMIT FEES Notice of the intent to change the building permit fees will be required commencing January 1, 2006. The Municipality must hold a public meeting concerning the proposed change to the fees. The Act and Regulations set out the timing of the notice and what information is required to be included in the notice. 2.13 MANDATORY QUALIFICATION, REGISTRATION OF DESIGNERS AND INSURANCE REQUIREMENTS The new Act requires all persons involved in "design activities", i.e., designers, architects and engineering consultants, be qualified AND registered in the areas of practice consistent with the categories for qualification and registration set out in the Code. These requirements must be met by January 1, 2006 in order for these building practitioners to submit an application for a building permit, or undertake general reviews of construction and submit reports on the construction. These building practitioners must also obtain professional indemnity insurance coverage as stipulated by the Code. Report #EGD-24-05 Page 17 Each "designer"will receive a Building Code Identification Number (BCIN) from the Ministry and this number must be affixed to the building permit application and plans commencing January 1, 2006. In-house designers working for homebuilders covered by the Ontario New Home Warranty Program, renovators of the "house", as defined by the Code, are exempt from the registration requirements but not the qualification requirements. Homeowners who design their own home or an addition for their home or an accessory building, such as a garage, are exempted from both requirements. As a result of the new requirements for "designers" and the addition of BCIN numbers on the applications and supporting documentation submitted for a building permit, all permits issued prior to January 1, 2006 where construction has not commenced within six months will be "suspended" as of July 1, 2006 and the permit holder will be required to resubmit the application and documentation in accordance with the new legislation, lest the permit be revoked or cancelled. 2.14 REGISTERED CODE AGENCIES (RCAs) The new Act provides for a service delivery option to municipalities in the form of Registered Code Agencies (RCAs). Originally, the new Act provided this option to builders, as well. However, due to concerns voiced by the Chief Building Officials, municipalities and the Association of Municipalities of Ontario regarding potential conflict of interest and an increase in the risk of liability for municipalities, this option was repealed on August 20, 2004. The new legislation requires the RCAs to be qualified and registered in order to undertake Code reviews and inspections. Qualifications required are similar to those municipal Building Officials must have, based on the category of buildings they will review for Code compliance and/or inspect. In addition, RCAs are required to obtain and maintain insurance coverage and submit detailed quality management plans to the Ministry. Report#EGD-24-05 Page 18 In theory, this approach is sound. However, the pool of consultants that possess a competent understanding of the Code is limited and their services are often equally occupied within the building industry. Thus, private-sector consultants may be unavailable to support the Municipality's workloads. This shortfall currently exists and will be aggravated at the outset of the implementation of the new Act. Despite this shortfall, it is recommended that the approach of outsourcing during peak workloads, where feasible, be pursued. It will be an effective means of maintaining efficiencies and performance within the mandatory timeframes, as well as for providing stability to the in-house resources when there are downturns in construction activity. To retain the services of a RCA, the Municipality must: • enter into a written agreement with the RCA authorizing the RCAs to perform the specified functions, and • "appoint" the RCA. In recognition that appointments must be made in a timely fashion (so that the Department can meet the timeframes), the Act delegates this authority of appointing the RCA to the Chief Building Official. Building permit fees associated with the additional peak workloads will fund the costs associated with outsourcing the work. 2.15 PUBLIC REGISTRY The Ministry has established and will maintain a public register listing the appointed municipal Building Officials, the designers, architects, engineering consultants and RCAs alongside their qualifications. The public register will be accessible via the Ministry's web site www.obc.mah.00v.on.ca to any person wishing to verify the provincially- recognized qualifications of any of the building practitioners. This new service will enhance access to information and benefits owners retaining the services of any designer, architect, or engineering consultant, and supports the goal of increasing a municipality's and the building industry's accountability to the public. Attachment 1 — Proposed By-law ATTACHMENT NO.: t REPORT NO.: EGD-2405 THE CORPORATION OE ME MUNICIPALITY OF C eRINGTON BY-LAW NO i05 Being a bY-lew to provide for the administration and enbrcemem of the Suddmg Cade Act within the Municipality of Cladngton WHEREAS subsection 30)of the Building Code Act 1992,S.O. 1992,chapter 23,provides that the Council Act we Corporation of the a of Clain Municipality of Claringion is responsible for the enforcement of the BundhV code goon;and official WHEREAS such lon 3(2)of the Building Code Act; requires that the Council shah appoint a chief building el of Claris inspectors as are necessary for the enforcement of the Budding Code Act within the Municipality gton;and WHEREAS Section 7 of the Binding Code Act authomes the Council of a municipality to pass certain laws classes of pemrile, permit application documents. fees, inspections and other related matters.NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALIrrY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: TITLE I. This By-law maybe cited as the Building By-law. 1 DEFINITIONS 2. (1) In this by-law (a) "Act"means the Building Code Act, 1992,S.O. 1992, chapter 23,as amended from time to time,and any successor thereto; (b) "as constructed plans"means as constructed plans as defined in the building code; (c) "applicant"means a person who applies for a permit and includes any person authorized by an owner to apply for a permit on the owner's behalf; (d) "architect" means a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined in the Building Code; (e) 'building"means a building as defined in Section 1(1)of the Act; (f) "building code"means the regulations made under Section 34 of the Act; (g) "chief building official" means the person appointed by the Council as the chief building official for the purpose of enforcement of the Act; (h) "construction value"means the value prescribed by the chief building official to represent the total value of all work, services and material associated with the construction for which a permit is applied; (i) "Council"means the Council of The Corporation of the Municipality of Clarington; (j) "deficient permit"means a permit where: (i) an inspection notice or order to comply has been issued by an inspector or, (ii) where an inspection required under the building code or this By-law has not been arranged, and six months or more have elapsed after the date the notice was issued or the inspection was required, (k) "deputy chief building official" means the person appointed by the Council as the deputy chief building official for the purpose of enforcement of the Act. (1) "equivalent" means equivalent materials, systems or designs proposed by an applicant pursuant to Section 9 of the Act. (m) "holiday' means days when the offices of the Municipality of Clarington are not open for transaction of business with the public. (n) "inspector'means an inspector listed in Schedule A to this By-law; (o) "owner'means the registered owner of the land upon which is located,or will be located, the building or part thereof for which an application for a permit is, or has been made; also includes a leaser and a mortgagee in possession; (p) "permit"means permission or authorization given, in writing,by the chief building official, (i) to perform work regulated by the Act or the building code or both,or (ii) to change the use of a building or part of a building as regulated by the Act or the building code or both,or (iii) to occupy a building or a part thereof, (q) "permit holder' means an owner to whom a permit has been issued, or, where a permit has been transferred,the new owner to whom the permit has been transferred; (r) "professional engineer means a person who holds a licence or a temporary licence under the Professional Engineers Act and (s) "registered code agency," means a person or an entity that has the qualifications and meets the requirements set out in the Act. (2) Any word or term not defined in this by-law shall have the meaning ascribed to it in the Act or the building code. 2 APPOINTMENTS 3. Each person whose name is set out in Column 2 of Schedule A to this By-law is hereby appointed to the position set out beside that person's name in Column 1 thereof. CODE OF CONDUCT FOR BUILDING OFFICIALS 4. Each person listed in Schedule A to this By-law shall be governed by the Code of Conduct set out in Schedule D to this By-law,with respect to exercising powers and performing duties under the Building Code Act. CLASSES OF PERMITS 5. Classes of permits with respect to the construction, demolition, change of use and occupancy of buildings and permit fees shall be as set out in Schedule°B°to this By-law. REQUIREMENTS FOR FILING PERMIT APPLICATIONS 6. (1) To obtain a permit, an applicant shall file a complete application on the form available from the chief building official,or from the Province of Ontario,together with the applicable requirements set out in subsections(2)to(8). (2) All documents and drawings accompanying an application shall be coordinated with each other and consistent with the description of the proposed work. Building Permits (3) Every application for a building permit under Section 8(1)of the Act shall, (a) identify and describe in detail the work to be done and the existing and proposed use and occupancy of the building, or part thereof, for which the application for a permit is made; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C to this By-law;and (c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this By-law. Demolition Permits (4) Every application for a demolition permit under Section 8(1)of the Act shall, (a) identify and describe in detail the work to be done and the existing use and occupancy of the building, or part thereof, for which the application for a permit is made, and the proposed use and occupancy of that part of the building, if any, that will remain upon completion of the demolition; (b) be accompanied by the plans, specifications, documents and other information prescribed in Section 7 and Schedule C to this By-law; (c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this By-law;and (d) be accompanied by confirmation that i. arrangements have been made with the proper authorities for the safe and complete disconnection of all existing water, sewer, gas, electric, telephone and other utilities;and ii. the owner will comply with the Municipality's property standards By-law at the completion of demolition. Conditional Building Permits (5) Every application for a conditional building permit under Section 8(3)of the Act shall, (a) comply with the requirements set out in subsection 8(3)in this By-law;and 3 (b) be accompanied by: (i) a written statement from the applicant explaining why the applicant believes that unreasonable delays in construction would occur if a conditional building permit is not issued; (ii) a written acknowledgement from the applicant of the necessary approvals which must be obtained in respect of the proposed construction and the time period in which such approvals shall be obtained by the applicant;and (iii) a written agreement, in a form provided by the chief building official,executed by the applicant, the owner and such other necessary persons the chief building official determines for the purposes set out in subsection 8(3)(c)of the Act. (6) The chief building official is hereby authorized to execute on behalf of The Corporation of the Municipality of Clarington the written agreement referred to in subsection 6(5)(iii)in this By-law as part of the conditional building permit application. Change of Use Permits (7) Every application for a change of use permit under Section 10(1)of the Act shall, (a) identify and describe in detail the existing and proposed use and occupancy of the building,or part thereof,for which the application for a permit is made; (b) be accompanied by plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the building code, including, but not necessarily limited to, Boor plans and details of wall, ceiling and roof assemblies identifying existing fire resistance ratings and load bearing capacities; (c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this By-law;and (d) be accompanied by the completed documents prescribed in Schedule C to this By-Law. Occupancy Permits for Unfinished Buildings (6) Every application for authorization to occupy an unfinished building under Section 2.4.3 of the Ontario Building Code shall, (a) identify and describe in detail the occupancy, the date of such occupancy, and the building or part thereof for which the application for a permit is made; (b) be accompanied by plans which show the areas of the proposed occupancy;and (c) be accompanied by the appropriate fee calculated in accordance with Schedule B to this By-law. REQUIREMENTS FOR PLANS AND SPECIFICATIONS 7. (1) Every applicant shall submit sufficient plans,specifications,documents and other information to enable the chief building official to determine whether the proposed building, construction, demolition or change of use will contravene the Act, the building code or any other applicable law. (2) The chief building official shall determine the plans, specifications, documents and other information required to be submitted with an application in order to deem it complete according to sentence 2.4.1.1 B.(5)of the building code having regard for: (a) the scope of the proposed work; (b) the requirements of the building code,the Act and other applicable law;and (c) the requirements of this Section and Schedule C to this By-law. (3) Plans, specifications, documents and other information shall be submitted in a permanent medium upon paper or other suitable and durable material and shall contain text that is legible and drawings that are legible,complete,fully dimensioned and to scale. (4) Site plans submitted by an applicant shall; (a) be certified by the Planning Department of the Municipality of Clarington as being in conformity with By-laws passed under Section 34 and 41 of the Planning Act and 4 (b) be referenced to a current plan of survey prepared and certified by an Ontario Land Surveyor, and a copy of the survey shall accompany the site plan submission, except where the chief building official waives the requirement to do so. (5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or townhouse dwelling,the chief building official may require submission of a survey prepared by an Ontario Land Surveyor indicating the location and elevation of the top of the foundation wall, prior to a framing inspection being undertaken. (6) On the completion of the construction of a building, or part of a building, the chief building official may require submission of a set of plans of the building or part of a building, as constructed,together with a plan of survey prepared and certified by an Ontario Land Surveyor showing the location of the building. AUTHORIZATION OF EQUIVALENTS 8. (1) Where approval for an equivalent material,system or building design under Section 9 of the Act is proposed in either an application for a permit,or in a material change to a plan,specification, document or other information on the basis of which a permit is issued, the applicant shall submit (a) a completed"Equivalent Application Form'as described in Schedule C to this By-law; (b) a description of the proposed location(s)the equivalent is proposed to be installed; (c) a description of the proposed material, system or building design for which authorization is sought; (d) a description of all applicable provisions of the building code in contravention; (e) supporting documentation demonstrating that the proposed material, system or building design will provide the level of performance required by the building code;and (f) payment of the required fee as set out in Schedule B to this By-law. (2) The chief building official or registered code agency may accept or reject any proposed equivalents and may impose conditions or limitation on their use. (3) Equivalents that are accepted under this section shall be applicable only to the location described in the application,and are not transferable to any other building permit. INCOMPLETE PERMIT APPLICATIONS 9. (1) An application shall be deemed not to be complete according to sentence 2.4.1.1.B(5) of the building code where any of the applicable requirements of Section 6 to this By-law have not been complied with. (2) Except as provided in 9(3), an application deemed to be incomplete shall not be accepted by the chief building official. (3) The chief building official may accept an incomplete application where the applicant acknowledges, in writing, that the application is incomplete and waives the time period prescribed in the building code within which a permit must be issued or refused. (4) Where an applicant declares that an application is complete in all respects and complies with the Act, the building code and applicable law, the chief building official shall issue or refuse to issue a permit within the time period prescribed in the building code. (5) Where an applicant declares that an application is complete in all respects, but the application is determined to be incomplete or does not comply with the Act,the building code or applicable law, an additional fee as prescribed in Schedule B may be applied to the re-examination of documents required to be submitted by an applicant. ABANDONED PERMIT APPLICATIONS 10. (1) An application for a permit shall be deemed to have been abandoned by the applicant where, (a) the application is incomplete according to Section 9 in this by-law and remains incomplete six months after it was submitted; (b) six months have elapsed after the applicant was notified that the proposed building, construction, demolition or change of use will not comply with the Act or the building code or will contravene any other applicable law;or 5 (c) the application is substantially complete, and six months have elapsed from the date upon which the applicant was notified that a permit was available to be issued. (2) Where an application is deemed abandoned, all submitted plans, specifications and documents shall be disposed of, or upon written request from the applicant, returned to the applicant. REVISION TO PERMITS 11. Should a permit holder wish to make any material change to any plan, specification, document or other information on the basis of which the permit was issued, the permit holder shall file an application for a revision to the permit which describes the material changes,and shall pay the fee set out in Schedule B to this By-Law. TRANSFER OF PERMITS 12. (1) If the owner of the land changes after a permit has been issued,the permit may be transferred to the new owner(the"transferee")of the lands where an application is filed to the Municipality in writing,in accordance with this section. (2) Every application for the transfer of permit shall, (a) include a written statement from the current permit holder authorizing the transfer of the permit to the transferee; (b) include proof of ownership of the lands by the transferee satisfactory to the chief building official; (c) confirm that the work to be done and the existing and proposed use and occupancy of the building or part thereof, for which the application for the transfer of the permit is made,is the same as that identified and described on the application of the permit; (d) state the name,address,telephone number of the proposed transferee; (e) state the name, address, telephone number and facsimile number of the proposed architect and/or professional engineer,and their building code qualifications,where they are different from those identified in the application for the permit, and a written confirmation from the architect and/or professional engineer(s), that they have been retained to undertake general review of the construction or demolition where required under the building code; (f) include,where the proposed transferee is a builder as defined in the Ontario New Home Warranties Plan Act, or any successor thereto, the proposed transferee's registration number thereunder; (g) be signed by the proposed transferee who shall certify as to the truth of the contents of the application;and (h) payment of the required fee as set out in Schedule B of this by-law. (3) Upon the issuance of transfer of a permit to the transferee, the transferee shall be deemed to be the permit holder and the original permit holder shall have no further rights or obligations under the permit save and except for any obligations set out in any agreements entered into for the purposes of subsection 8(3)(c)of the Act. REVOCATION OF PERMITS 13. (1) Prior to revoking a permit, the chief building official shall give written notice of an intention to revoke the permit to the permit holder at the permit holder's address shown on the application or to such other address as the permit holder has provided to the Municipality for that purpose. (2) Following issuance of the notice described in (1) above, the permit may be revoked immediately or after a period prescribed by the chief building official, and all submitted plans, specifications, documents and other information may be disposed of or, upon written request from the permit holder, returned to the permit holder. (3) Notice under 13(1) above shall be given either personally or by registered mail, and where notice is by registered mail, it shall be deemed to have been given on the fifth day after the day of mailing. 6 FEES AND REFUNDS OF FEES 14. (1) A fee is to be paid with every permit application, calculated in accordance with Schedule B to this By-law and the fee shall be due and payable, in full,upon the submission of the application for a permit. The requirements for fees shall not apply to buildings constructed by or for the Corporation for the Municipality of Cladngton and Lakeridge Health Bowmanville. (2) The minimum fee payable on any application shall be$70.00. (3) Where the calculation in accordance with the provisions of Schedule 8 to this By-law of the amount of a fee to be paid as part of a permit application is based,upon the building category, floor area and/or value of the proposed construction, the chief building official, or a person designated by the chief building official to do so, shall determine the appropriate building category,floor area and/or value,and that determination shall be final. (4) Where an application for a permit is subject to additional user fees prescribed by the Municipality,the fees so prescribed shall be paid in addition to the fees set out in Schedule B to this By-law. Plan Re-examination Fees (5) Where an applicant substantially revises proposed materials,systems or a building design after examination of a previous submission has already been undertaken,a re-examination fee shall apply as set out in Schedule B to this By-law. Additional Inspection Fees (6) An additional inspection fee as set out in Schedule B to this By-law shall apply and shall be paid prior to each inspection being undertaken on any building,where: (a) any of the prescribed notice requirements under the building code or the additional notices required under this By-law have not been complied with by a permit Folder; (b) more than two inspections are required due to construction being incomplete or not in compliance with the building code; (c) a building is occupied before the notice required under Section 11 of the Act was given to the chief building official;or (d) an inspection is requested to confirm that outstanding items have been completed or corrected in respect of a deficient permit Fee Refunds (7) If requested, in writing,by an applicant or permit holder,where, (a) an applicant withdraws,in writing,an application for a permit; (b) an application is deemed to have been abandoned in accordance with Section 10 of this By-law; (c) the chief building official refuses to issue a permit for which an application has been made;or (d) the chief building official revokes a permit after it has been issued, the chief building official shall calculate the portion of any fee paid that may be refunded and authorize the payment thereof, based upon the functions undertaken by the Municipality, in accordance with 14(8)to 14(13)below. (8) Eighty-five per cent (85%) of the permit fee paid in accordance with Schedule B shall be refunded if only application administrative functions have been performed. (9) Fifty per cent(50%)of the permit fee paid in accordance with Schedule B shall be refunded if the following have been performed, (a) the functions described in 14(8)above, (b) all or part of technical plan review functions,and 7 (c) the permit has not been issued. (10) Twenty-five per cent(25%)of the fee paid in accordance with Schedule B shall be refunded if the permit has been issued. (11) Notwithstanding 14(7) to 14(10) above, no refund of any portion of the permit fee paid in accordance with Schedule B shall be made if any construction or demolition has commenced. (12) No refund shall be payable where the amount calculated in accordance with this section is less than$50.00. (13) Any amount authorized by the chief building official to be refunded shall be paid to the person named on the fee receipt issued by the Municipality upon original payment of the fee, unless that person directs,in writing,that it be refunded to another person. REGISTERED CODE AGENCIES 15. The chief building official is authorized to enter into service agreements with registered code agencies and appoint them to perform one or more of the specified functions described in Section 15.15 of the Act FENCES AT CONSTRUCTION AND DEMOLITION SITES 16. (1) Where, in the opinion of the chief building official or inspector,a construction or demolition site presents a hazard to the public,the chief building official or inspector may require the owner to erect such fences as the chief building official or inspector deems appropriate to the circumstances. (2) In considering the hazard presented by the construction or demolition site, the necessity for fences and the height and characteristics of such fences, the chief building official or inspector shall have regard for, (a) the proximity of the building site to other buildings; (b) the proximity of the construction or demolition site to lands accessible to the public; (c) the hazards presented by the construction or demolition activities and materials; (d) the feasibility and effectiveness of site fences;and, (e) the duration of the hazard. (3) Every fence required by this section shall: (a) be erected so as to fully enclose all areas of the site which present a hazard; (b) create a continuous barrier and be sufficient to deter unauthorized entry; (c) have a height not less that 1.2 metres above grade at any point, unless the chief building official or inspector determines that greater minimum height is necessary; (d) if constructed of plastic mesh, snow fencing or other similar materials, be securely fastened at 200mm o.c. to vertical posts not more than 2.4 metres apart, and to horizontal members or a minimum 11 gauge cable at the top and bottom;and (e) be maintained in a vertical plane and in good repair. INSPECTION NOTICES 17. (1) The permit holder shall also give notice of the following stages of construction in addition to the notices prescribed by the Ontario Building Code; (a) commencement of construction of. (i) masonry fireplaces and masonry chimneys, (ii) factory-built fireplaces and allied chimneys, (iii) stoves, ranges, space heaters and add-on furnaces using solid fuels and allied chimneys, (b) substantial completion of interior finishes;and/or (c) substantial completion of heating, ventilating, air-conditioning and air-contaminant extraction equipment. 8 (2) A notice required to be given by a permit holder to the chief building official or registered code agency pursuant to subsection 2.4.5:2 of the building code shall be given to the chief building official or registered code agency at least two days in advance of the construction stage for which notice is being given. (3) For the purpose of 16(2) above, the term 'day" means any Monday, Tuesday, Wednesday, Thursday or Friday other than a holiday as defined in 1.(m)of this By-law. (4) A notice given to the chief building official pursuant to subsection 2.4.5 of the building code shall be given in writing to either the chief building official, an inspector or registered code agency and if given to an inspector in accordance with this section, shall be deemed to have been given to the chief building official. (5) A notice given to the chief building official or registered code agency pursuant to subsection 2.4.5 of the building code and this section shall not be effective until actually received by the chief building official, inspector or registered code agency as the case may be. SEVERABILITY 18. Should any provision of this By-law be declared by a court of competent jurisdiction to be invalid it shall not affect the validity of this By-law as a whole or any other part thereof,other than the provision declared to be invalid. INTERPRETATION AND IMPLEMENTATION 19. Schedules A,B,C and D attached shall form part of this By-law. 20. By-law 2000-68, By-law 2003-150,By-law 2004-092, By-taw 2004-195 are hereby repealed. 21. This By-law comes into force and is effective on July 1,2005. BY-LAW read a first,second and third time and finally passed this day of 2005 John Mutton,Mayor Patti Barrie,Clerk 9 SCHEDULE A APPOINTMENTS Item 1 Column 1 Column 2 1. chief building official Rick Pigeon 2. inspector David Keddy 3. inspector Dennis George 4. inspector George Semenenko 5. inspector Lloyd Cullen 6. inspector Lisa Bianca 7. 1 inspector John Preston 8. inspector Kim Laing 9. Inspector(fire prevention) William Reid 10. Inspector(fire prevention) Randy Reinert 11. Inspector(fire prevention) Jacquie Hill-Bower 12. Inspector(fire prevention) Duane Tyte 10 SCHEDULE B—PART A CLASSES OF PERMITS AND FEES PAYABLE Item Class of Permit Reference Fee Payable 1. Building Permit 6(3) See Part B $71 flat rate for all Single Detached Dwellings 2. Demolition Permit 6(4) and Accessory Buildings $0.18 flat rate for All Other Buildings Normal fee for proposed construction plus an additional 10%of that fee. A minimum additional fee of$140.00 and a maximum 3. Conditional Building Permit 6(6) additional fee of$700.00 shall apply to conditional permits. With respect to phased projects, in addition to the fee for the complete building,an additional fee of$210 for each Dhase. 4. Change of Use Permit 6(7) $70 for each 100 sq.m.of floor area or part Hereof Occupancy Perms for 5. Unfinished Building(2.4.3 of 6(8) $141 flat OBC OTHER FEES Item Type of Fee Reference Fee Payable 1. Equivalent Authorization 8 $100.00 2 Resubmission of application found to be incomplete 9(5) 25%of application fee 3. Revision to permit 11 $70.00 4. Transfer of permit 12 $106.00 5.(a) Re-examination l ( )14 5 $423 plus the fee prescribed in Part B as a -Change in house model result of any additional area 5. b Re-examination 14(5) 10%of applicable permit fee to a maximum of ( ) ( )-other than 5 a $1000.00 6. Additional Inspection 14(6) $106.00 flat fee 11 SCHEDULE B-PART B FEES PAYABLE FOR BUILDING PERMITS Rem Buildin Tvoe Fee Payable Service Index(SI) $/s q.m 1. Assembly Occupancies(Group A) All Recreational Facilities, Schools,Libraries, $16.71 Places of Worship, Restaurants(Finished), Theatres,Arenas/Gymnasiums/Pools. Restaurants(Shell) $13.53 Open Public Swimming Pools $4.52 Transit Stations,Subways, Bus Terminals $12.53 All other Group A Buildings $16.71 2. Institutional Occupancies(Group B) Institutional,Hospitals,Nursing Homes $18.23 And other Group B Buildings 3. Residential Occupancies(Group C) Single Family Dwellings,Semis,Townhouses, $9.12 Duplexes, LiveNVork Units All other multiple unit buildings and other $9.72 residential occupancies Motels above two stories and Hotels $13.91 4. Business and Personal Service Occupancies(Group D) Office Buildings(Shell), all other Group D $11.09 Buildings(Shell) Office Buildings(Finished), Banks,Medical $13.83 Clinics, Fire Halls and all other Group D Buildin s Finished 5. Mercantile Occupancies(Group E) Mercantile Occupancies, Retail Stores(Shell) $8.96 Retail Stores(Finished),Department Stores, $11.85 Supermarkets And All Other Group E Buildings(Finished) $11.85 6. Industrial Occupancies(Group F) Industrial Buildings(Shell) $6.99 Industrial Buildings(Partitioned Area) $9.72 Gas stations,Car Washes, $8.81 Parking Garages(U/G,Open Air) $4.25 Open Mezzanine Construction $4.23 7. Interior alterations(Partitions,Finishings, etc.) Group A, B and D $3.18 C'mtin C, E and F $2.82 8. Designated Structures Communication Tower or Transmission Towers $339 On Building Crane Runway $339 Exterior Tank and Support $141 Pedestrian Bridge $141 Retaining Wall $7 per I.m. Satellite Dish Solar Collector $85 9. Stand Alone&Miscellaneous Work a)Permanent Tent,Air Supported Structures $7.30 b)Balcony Guards(Replacements) $2.22 c)Unfinished Basement (to accommodate a $4.23 building moved from elsewhere) d)Repair or Re-Cladding of wall(per wall area) $0.27 e)Canopy wto enclosure $3.53 f)Ceilings(Added or Replacement) $0.45 g)Demising walls(no other construction) $3.34 h)Electromagnetic Locks $51 per lock(max$360) i)Emergency lighting $49 per storey j)Farm Buildings $2.27 k)Fire alarms/Fire Code Retrofit $141 fiat fee I)Fire doors retrofit $28 per door m)Fireplaces,Wood Stoves $70 each n)Sprinklers $0.42 o)Repairs to parking garage $1.82 p)Portable Classrooms $282 Bat fee 1)Portapack $11.85 q)Residential Decks, Porches,Balconies, $85 Carports r)Residental Detach or Attached Garages or $3.03 Accessory Structure 12 SCHEDULE B—PART B FEES PAYABLE FOR BUILDING PERMITS s)Temporary Structures i) Tent $85 up to 2 tents ii) Trailers and Temporary Buildings $141 flat fee iii) Sales Pavilions(Construction On Site) $7.75 t)Underpinning $6.69 per 1.m. u)Window Replacements $3.39 per window v Sin 3.14 of DEC only) $141 flat fee 10. Stand Alone Mechanical Work (HVAC and Plumbing) t)Permit for Heating, Ventilating and A/C (HVAC) a)SDD Type Residential Buildings(HVAC) i)Single Detached Dwelling,Semi- $169 flat fee Detached, Duplexs 8 Townhouses (with or without A/C) b)All Other Group C—Residential Buildings (HVAC) i)Apartments,Hotels,etc. $0.61 c)Group E&F—Retail/Industrial(HVAC) i)Small(up to 2500 sq.ft.) $169 flat fee ii)All others(>2500 sq.ft.) $0.76 d)Group A,B and D(HVAC) i)Assembly,Institutions,Restaurants and $1.06 Office Buildings e)Minor Alterations—All Buildings I)Ductwork only or AlC unit addition $99 flat fee ii)Add on systems,Space Healer,Make- $141 flat fee Up Air Unit, Exhaust Fan f)Special Ventilation Systems i)Commercial Kitchen Exhaust,Spray $169 flat fee Booth,Dust Collector,etc. g)Furnace Replacement i)SDD Type Residential, Buildings $99 flat fee 2)Permit for Plumbing and Drains a)Single Family Dwellings $12 per fixture b)Groups A,C,E and F $15 per fixture c)Group B and D $15 per fixture d)Backflow Preventor $28 each e)Manhole,Catch basin,Interceptor, Sump, $20 each etc. 3)Piping a)Single Family Detached or Attached Dwellings i)Water Services, Sanitary and Storm $85 flat fee buried piping ii)Repairs,Replacement and Additions of $85 flat fee buried Plumbing and drainage piping, pooling drains b)All Other Buildings i)Inside Sanitary and Storm Piping $1.38 per I.m. ii)Outside Water Services,Sanitary and $2.31 per 1.m. Storm Piping 11. Alterations,buildings and sWctuMe $12.00 for each$1,000 of consbuction value or not provided for in Items 1 to 10 I part thereof. For the proper interpretation and application of this Schedule,see Notes following Minimum Building Permit Fee of$70.00 13 SCHEDULE IS FEES PAYABLE FOR BUILDING PERMITS Notes: 1. The following guidelines for calculating floor areas and fees apply to the specific building types and construction indicated. The occupancy classifications used in this by-law shall be based on the Ontario Building Code major occupancy classifications. For mixed occupancy floor areas, the service index for the area of each occupancy shall apply. Calculation of Permit Fees Permit fees shall be calculated based on the formula given below,unless otherwise specified in the schedule: Permit Fee=SI x A where SI=Service Index for Classification of the work proposed,and A=floor area in sq.m.of the work involved 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, duds, elevators, escalators). In calculating floor area for interior partitioning, ensure that lobbies, washrooms, lounges, etc. shall be included and classified according to the major occupancy classification for the floor area with which they are associated. Where these areas are constructed in a "shell only" building, fees shall be calculated at the "partitioned" or finished rate as set out in this Schedule for these areas. (a) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area. (c) Residential Occupancies, For detached, semi-detached and townhouse dwellings, no additional fee shall apply for decks, fireplaces, unfinished basements and attached garages proposed and constructed at the same time as the single dwelling they serve. For the other residential occupancies, the "Residential Occupancies' rate shall apply to the floor areas of floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of the total floor area. (d) Business and Personal Services Occupancies: The applicable "shell" rate shall be applied to the floor areas of a speculative structure. Finished floor areas are to be the common areas. Finished floor areas and common areas such as lobbies, corridors and washrooms shall be calculated at the"partition" or"finished" rate as indicated in the Schedule. Other rates shall be applied to other floors based on the principal use of the total floor area. (e) Mercantile Occupancies: The "Mercantile Occupancies" rate shall be applied to the floor areas of a speculative structure. Finished floor areas and common areas such as lobbies,corridors and washrooms shall be calculated at the"partition"or"finished'rate as indicated in the Schedule.Other rates shall be applied to other floors based on the principal use of the total floor area. (f) Industrial Occupancies: The "Industrial Occupancies" rate shall apply to the total floor area of floors, which are principally of industrial use. Finished floor areas and common areas such as lobbies,corridors and washrooms shall be calculated at the "partition" or "finished" rate as indicated in the Schedule. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 11 of Schedule B — Part B, means the value of the proposed construction as determined by the chief building official,whose determination of that value shall be final. 14 SCHEDULE B FEES PAYABLE FOR BUILDING PERMITS 4. No additional fee shall apply for plumbing and drains, sprinklers, fire alarms, electromagnetic locks, or other mechanical systems or equipment proposed and installed at the same time as the construction they serve. 5. For interior partitioning,Boor areas used for the calculation of fees shall be lesser of i) the area contained within a rectangle encompassing the partitions being erected;or ii) the actual area of the tenant space; but in no case shall be less than 50 square meters. 15 SCHEDULE C—PART A DOCUMENTS&DRAWINGS REQUIRED FOR PERMIT APPLICATIONS Row Class of Permit Documents and Drawings Required 1(a) Building Permit Documents ' Confirmation of compliance with applicable law Residential(Part 8) b Acknowledgement of incomplete application Detached houses c Mechanical Ventilation Design Summary Semi-detached houses d Regional Municipality of Durham Building Permit for Triplexes Sewage System Fourplexes a Regional Municipality of Durham Residential - Townhouses Development Charges Information Form f TARION Registration Form g Regional Connection Application for Water/Sewer Drawings Approved Site Plan b Approved Grading Plan C Architectural Drawings d Structural Drawings a HVAC Drawings f Plumbing Drawings 4 1(b) Building Permit Documents a Confirmation of compliance with applicable law Residential as in 1(a) b Acknowledgement of incomplete application - Alterations c Regional Municipality of Durham Building Permit for Additions Sewage System Accessory Buildings Drawings ' Approved Site Plan b Architectural Drawings C Structural Drawings d HVAC Drawings s Plumbing Drawings 4 2(a) Building Permit Documents Confirmation of compliance with applicable law Non-residential and other residential b Acknowledgement of incomplete application not provided for In row 1(a)or 1(b) a Commitment to General Reviews by Architect& New Buildings Engineers Additions d Ontario Building Code Data Matrix e Land and Building Use Declaration f Flow Control Roof Drainage Declaration a Confirmation of Energy Efficient Design h Regional Municipality of Durham Commercial Development Charges Information form I Regional Connection Application for Water/Sewer Drawings a Approved Site Plan b Approved Grading Plan c Architectural Drawings d Structural Drawings * HVAC Drawings f Plumbing Drawings g Electrical Drawings h Fire Protection Drawings I Geotechnical Report i Specifications 2(b). Building Permit Documents a Confirmation of compliance with applicable law Non-residential and other residential b Acknowledgement of incomplete application as in 2(a) c Commitment to General Reviews by Architect& Alterations Engineers Renovations d Ontario Building Code Data Matrix Tenant Occupancies Drawings a Location Plan b Architectural Drawings C Structural Drawings d HVAC Drawings . Plumbing Drawings f Electrical Drawings g Fire Protection Drawings 16 SCHEDULE C—PART A DOCUMENTS&DRAWINGS REQUIRED FOR PERMIT APPLICATIONS Row Class of Permit Documents and Drawings Required 3. Building Permits Documents - Other than row 1 to 4 a Confirmation of compliance with applicable law b Acknowledgement of incomplete application c Documents from rows 1 to 4,or other documents which are applicable to the scope of work proposed Drawings a Drawings from rows 1 to 4 which are applicable to the scope of work proposed 4. Change of Use Permit Documents a Confirmation of compliance with applicable law b Acknowledgement of incomplete application Drawings a Location Plan e Architectural Drawings C HVAC Drawings S. Demolition Permit Documents a Confirmation of compliance with applicable law b Acknowledgement of incomplete application G Commitment to General Review by Engineer d Demolition Agreement—Property Standards e Confirmation of disconnection of services f Structural Drawings as required Notes, 1. The Documents described in this schedule are available from the chief building official. 2. A description of the information required on drawings is contained in Part B of this schedule. 3. The chief building official may waive the requirements for any specified documents or drawings where the scope of the work,applicable law or building code requirements does not necessitate its submission. 4. Plumbing drawings are waived for plumbers licensed by the Municipality of Clarington in rows 1(a)and 1(b). 17 SCHEDULE C—PART B INFORMATION REQUIRED ON DRAWINGS Item Drawing Type Information Required Class of Permtt-Part A Row No. 1. Site Plan . Legal description,survey 1 a 1 b Vat 2 b 3 4 eg pti y property lines, property dimensions,compass orientation, X X X X location and name of adjacent roads b Outline of all existing and proposed buildings and structures,building dimensions and their X X X X distance to property lines c Dimensions and location of parking and vehicle access and fire routes X X d Dimensions and location of barrier-free parking,curb cuts,path of travel to building X X and building access 2. Grading Plan a Signature and seal of professional engineer, b Property lines,easements sidewalks, X X X driveways,building location,curb cuts, retaining walls X X X c Existing and proposed elevations within the site and at property lines,retaining wail elevation,slopes of driveways,drainage flow X X X and swales d Location of catch basins,above and below X X ground utilities,and connections to services 1. Architectural a Existing plans showing construction and room and space identification of all floors in the area X X X X X of proposed work or occupancy b Plans of all floors including basements complete with all rooms and room names X X X X X X c Roof plan showing roof slope,drainage, roof and roofing construction details X X X X X d Building elevations showing grade,floor and ceiling heights,overall building height,exterior X X X X X finish materials,window heights and sizes and spatial separation requirements e Construction details including proposed wall section from footing to roof,specifications of all wall,floor and roof assemblies and all building X X X X X materials and construction specifications f Stairs,guards and handrail dimensions and details,window sizes and height above floor level;location and fuel type of all fireplaces X X X X X e Mezzanine plan showing construction, guardrails,egress n Location and details of barrier free entrances X x and barrier free washrooms I Reflected ceiling plans,bulkhead details, X X X horizontal service shaft details I Roof equipment screening, anchorage for X X X window washing,roof access k Building cross sections showing grade,floor X X and ceiling heights, horizontal and vertical fire separations X X X X X I Enlarged sections and detail plans of washrooms and exit stairs m Wall sections,plan and section construction X X X details n Exit stair enclosure,wall construction details, X X X fire separations and listed design numbers, door.numbers referenced to a door schedule X X X o Door and hardware schedule,door and frame details,window schedule,room finish schedule X X X 18 SCHEDULE C—PART B INFORMATION REQUIRED ON DRAWINGS Rem Drawing Type Information Required Class of Permit•Part A Row No. 1a 1b 2a) 12(bi 1 3 1 4 4. Structural a Foundation plans,floor and roof framing plans,footing,column and beam schedules, X X X X X structural details and material specifications b Design specifications, live and dead loading, wind and snow loading,earthquake loading, X X X geotechnical report design basis C Structural drawings sealed by a professional engineer for all structural elements not within X X X X the scope of Part 9 of the building code d Roof and floor truss drawings sealed by a professional engineer X X X X 5. HVAC a Heating,ventilating and air conditioning plans,service shafts,equipment layout and X X X X schedules b Heat loss and gain calculations,ventilation X X design summary C Fire damper locations,kitchen exhaust equipment X X X X X X 6. Plumbing a Plumbing and drainage plans;location and sizing of under and above ground storm, X X X X X sanitary and water supply piping and appurtenances b Location of fire stopping;specifications of X X X X X plumbing and firestopping materials 7. Electrical a Electrical supply and distribution plans; location of power and lighting outlets; X X X equipment schedules;transformer Iocabons b Location and specification of emergency lighting,emergency generators and exit signage X X X 8. Fire Protection a Fire hydrant locations,sprinkler and standpipe distribution plans and schedules; X X X sprinkler head layout;fire hose cabinet locations b Location and specification of emergency X X X lighting,emergency generators and exit signage;fire alarm system annunciator, diagrams and specifications C Location of smoke alarms and carbon X X X X X monoxide detectors Notes 1. Where indicated by an X,the information described is required to be included on the drawings for the class of permit specified. 2. Required information may be located or consolidated on other drawings rather than as specified in this schedule. 3. The chief building official may waive the requirement for any required information specified in this schedule due to limited scope of work,applicable law or building code requirements. 19 • SCHEDULED CODE OF CONDUCT FOR BUILDING OFFICIALS PURPOSE 1. To promote appropriate standards of behaviour and enforcement actions by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 2. To prevent practices which may constitute an abuse of power, including unethical or illegal practices, by the chief building official and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or the building code. 3. To promote appropriate standards of honesty and integrity in the exercise of a power or the performance of a duty under the Building Code Act or the building code by the chief building official and inspectors. ENFORCEMENT GUIDELINES The chief building official,deputy chief building official and inspectors appointed in Schedule A to this By-law shall comply with this code of conduct. Any appointed chief building official or inspector who fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing. Any person who has reason to believe that this code of conduct has been breached may bring the matter to the attention of the chief building official. Where the allegation concerns the actions of the chief building official, the matter may be brought to the attention of the senior staff person to whom the chief building official reports. Any chief building official or senior staff person who receives information, in writing,concerning a significant breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action in accordance with the employment standards of the place of work. All communications received by a chief building official or senior staff person concerning a breach of this code shall be held in confidence. The chief building official or senior staff person shall advise Council in writing about the particulars of the alleged breach, its investigation.and the final disposition of the matter upon its conclusion. CODE OF CONDUCT In exercising powers and performing duties under the Building Code Act,the chief building official and inspectors shall: 1. exercise powers in accordance with the provisions of the Building Code Act, the building code and other applicable law that governs the authorization,construction,occupancy and safety of buildings and designated structures,and the actions,duties and qualifications of chief building officials and inspectors; 2. act to identify and enforce compliance where significant contraventions of the Act or regulations are known to exist; 3. apply all relevant building laws, regulations and standards in a consistent and fair manner, independent of any influence by interested parties; 4. not accept any personal benefit which may create a conflict with their duties; or perform duties where a personal interest may create a conflict; 5. obtain the counsel of persons with expertise where the chief building official or inspector does not possess sufficient knowledge to make an informed judgment and 6. act honestly, reasonably and professionally in the discharge of their duties. 20 Leading tle Way MEMO TO: Mayor and Members of Council Department Heads FROM: David J. Crome, Director of Planning Services DATE: 17 June 2005 RE: UNDER SEPARATE COVER REPORTS PSD-092-05 AND PSD-095-05 Please find attached Reports PSD-092-05 and PSD-095-05 which have been delivered under separate cover for the General Purpose and Administration Committee Meeting held on June 20, 2005. �W id Crome /df 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 t! Clar�ngton O T Leadeag the Way �� � PLANNING. SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 Report #: PSD-092-05 File #: 18T-90036, By-law#: ZBA 2004-042 & COPA 2004-008 Subject: PLAN OF SUBDIVISION, REZONING AND OFFICIAL PLAN AMENDMENT TO PERMIT 327 RESIDENTIAL UNITS OWNER: 1477677 ONTARIO LIMITED (BAYWOOD HOMES) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-092-05 be received; 2. 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 be ADOPTED; 3. 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; 4. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 5 be forwarded to Council for approval; 5. 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; 6. 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 agreenient to purchase 2 semi- detached lots from 1477677 Ontario Limited; REPORT NO.: PSD-092-05 PAGE 2 8. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and 9. THAT the Regional Municipality of Durham Planning Department, all interested parties and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da id Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CPIDJC/dfllw 17 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON - 'EETEvAIA�V I , O �TR;0 C A6 T (905)623-379 F 905)623-0830 G T [e1P r 1 CE S A 3 REPORT NO.: PSD-092-05 PAGE 3 1.0 APPLICATION DETAILS 1 .1 Owner: 1477677 Ontario Limited (Baywood Homes) 1.2 Applicant/Agent: 1477677 Ontario Limited (Baywood Homes) 1.3 Clarington Official Plan Amendment: To delete a Neighbourhood Commercial Symbol within the area of the Proposed Plan of Subdivision 1.4 Plan of Subdivision: Revision to previously submitted Plan of Subdivision (18T- 90036) to permit the development of a 327 unit residential Plan of Subdivision consisting of 97 detached dwellings, 182 semi-detached dwellings and 48 townhouse dwellings 1.5 Rezoning: From: "Agricultural (A)", "Holding - Urban Residential Type One ((H)R1)", "Holding — Urban Residential Type Two ((H)R2)", "Holding — Urban Residential Type Three ((H)R3)" and "Holding — Neighbourhood Commercial ((H)C2)" to appropriate zones to implement the proposed development 1.6 Area: 19.46 hectares (48.09 acres) property 1.7 Location: The area subject to the proposal is generally located on the east side of Liberty Street North and north of Scottsdale Drive, Lot 10, Concession 2, Former Town of Bowmanville 2.0 BACKGROUND 2.1 Plan of Subdivision 18T-90036 was originally submitted to the Region of Durham in 1990. The Plan of Subdivision included 18.08 hectares (44.68 acres) and proposed 297 residential units. The Neighbourhood Commercial symbol was added by Amendment to the Town of Newcastle Official Plan in 1994. 2.2 In March 1994, Council recommended partial Draft Approval of the Plan of Subdivision, for only those lots fronting onto Swindells Street, provided that prior to final approval for registration of the Plan, lands owned by David Puk and Connie Puk of Brooking Transport were secured for the extension of Longworth Avenue east of Liberty Street. The Region of Durham Planning Department, the approval authority at that time, did not draft approve the Plan of Subdivision but the file was not closed. 2.3 On October 6, 2004, the Planning Services Department received a revised Proposed Plan of Subdivision (Revised 18T-90036) and a new Rezoning (ZBA 2004-042) application. On Novcm laev 24, 7C0 s- a!i° i�iak i`°ing Seivices Depa.rtnlel it Ceceived en application to amend REPORT NO.: PSD-092-05 PAGE 4 the Clarington Official Plan. The Official Plan Amendment requests the removal of the Neighbourhood Commercial symbol in favour of 12.Om single detached units. 2.4 Prior to the time of the resubmission of this proposed draft Plan of Subdivision in late 2004, and the related public meeting on January 10, 2005, the applicant acquired the Brooking Transport lands. This permitted connection of Longworth Avenue with Liberty Street North. However, the width of Longworth Avenue on the east side of this intersection and other intersection geometries were not ideal. Since then, in early May 2005, a purchase agreement has been made for the Buma lands at 277 Liberty Street North. This has facilitated a better intersection layout. The Buma lands were not included in the plan shown at the public meeting, but at 1.435m2 (0.3546 acres) they represent less than 1% of the total area of the subdivision site of 19.46 hectares (48.09 acres) and does not represent significant change to the subdivision. These additional lands facilitate the construction of the Longworth Avenue and Liberty Street intersection in its ultimate location, however, no new residential lots will be created. Only two partial lots, that is, blocks for future residential lots, will be created. For development of these partial lots to occur a further planning process will have to be undertaken. Therefore, staff has determined this minor boundary adjustment does not necessitate a further public meeting. 2.5 A public meeting for the proposed official plan amendment, plan of subdivision and rezoning was held on January 10, 2005. Four neighbours spoke at the meeting. Three of the neighbours objected to Phase 4 when they felt neighbouring Baywood subdivisions had not been completed. One neighbour objected to the anticipated impact the new development would have on his property. This neighbour has since entered into an agreement to sell his property to Baywood Homes. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is generally flat, currently vacant and has no significant environmental features. 3.2 The surrounding land uses are as follows: North: Vacant Land, Longworth Park and beyond, Low and Medium Density Urban Residential Uses South: Low Density Urban Residential Uses East: Low Density Urban Residential Uses and Harold Longworth Public Elementary School West: Low Density Urban Residential Uses and beyond, Liberty Street North 4.0 OFFICIAL PLAN CONFORMITY 4.1 The Durham Regional Official Plan designates the subject property as Living Area. All three applications conform. 4.2 The Clarington Official Plan designates the subject property as Urban Residential with a Medium Density Residential symbol, a Neighbourhood Commercial symbol, and a Neighbourhood Park symbol. A Type C Arterial Road (Longworth Avenue) runs east-west REPORT NO.: PSD-092-05 PAGE 5 through the middle of the subdivision. The Clarington Official Plan Amendment, if approved, will delete the Neighbourhood Commercial Area symbol. 4.3 The site is within the Fenwick Neighbourhood which has a population allocation of 5500 and a housing target of 1950 units, 1325 low density, 525 medium density and 100 intensification units. Other than the Neighbourhood Commercial Area symbol, the applications conform to the Official Plan policies. 5.0 ZONING BY-LAW COMPLIANCE 5.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle zones the subject property in part "Agricultural (A)", "Urban Residential Type One (R1)", "Holding-Urban Residential Type One ((H)R1)", "Holding-Urban Residential Type Two ((H)R2)", "Holding- Urban Residential Type Three ((H)R3)", and "Holding-Neighbourhood Commercial ((H)C2)". A zoning by-law amendment is required to implement the proposed draft Plan of Subdivision. Most of the zones are appropriate for the subdivision generally but are not consistent with the boundaries proposed on the May 2005 version of the subdivision proposal. 6.0 AGENCY COMMENTS 6.1 The applications were circulated to various agencies and other departments. The following summarizes comments and requested conditions of draft approval received. 6.2 Clarington Emergency and Fire Services had no fire safety concerns. 6.3 The Separate School Board requested adequate provision of sidewalks throughout the subdivision. 6.4 Bell Canada, Rogers Cable and Enbridge have no objections but Bell has two conditions of draft plan approval incorporated in Attachment 4. 6.5 Veridian Connections provided detailed comments. Electric service is available on the road allowances touching the property and servicing will be from the east side of Liberty Street. An underground expansion of the Corporation's plant is required on the road allowance. The existing Corporation's plant on Liberty Street may have to be replaced/relocated at the Applicant's cost to accommodate the proposed new road location. A Construction Agreement must be signed with the Corporation in order to obtain servicing for this site and legal costs will be charged to the Applicant. Veridian has no objections to the proposed development. 6.6 Central Lake Ontario Conservation has no objections to COPA 2004-008 or ZBA 2004- "42. `vV`i h �sg Est to prcposod plan of subdivision 18T-90036, Authority staff has previously expressed no concerns regarding the draft approval of 18T-90036, as at that time REPORT NO.: PSD-092-05 PAGE 6 stormwater management issues issues had been addressed through overall stormwater management reports for the overall area. The proponent should demonstrate that the proposed plan of subdivision will be developed in conformity with this overall scheme and this can be ensured through appropriate conditions of draft approval. 6.7 The Regional Planning Department commented the Municipality should examine whether the amendment to delete this "Neighbourhood Commercial" symbol would alter the daily commercial needs of area residents who may walk or cycle as an alternate form of transportation. The Region's Community Strategic Plan supports healthy neighbourhoods through safe and convenient movement of pedestrians. Traffic noise is an issue that will need to be addressed when evaluating the subdivision proposal. Water supply and sanitary sewer service is available. This application is considered to have no significant regional or provincial concerns and is exempt from Regional approval. The Department also commented the revised draft plan proposing 277 single detached dwellings and 22 street townhouse dwellings, blocks to be developed in conjunction with adjacent lands, a park block, a walkway, roadways and road widenings, would appear to conform to the Durham Regional Official Plan. Regarding the Region's delegated review responsibilities for provincial interests: • two separate Environmental Site Assessments (a Phase 1 and a Phases 1 & 2) have been submitted for different portions of the property. The Assessments indicate that a portion of the property once was used as a transport business but the site does not appear to be significantly impacted by any contaminants. No environmental remediation or additional subsurface investigation is required at this time; • issues concerning storm water management are to be addressed to the satisfaction of the conservation authority; • a Noise Impact Study has been submitted by Semas Associates. The Noise Impact Study examines the proposed sound levels for Liberty Street and proposed Longworth Avenue. The Study needs to be amended to reflect the revised plan; and • there are no other provincial interests or delegated review responsibilities applicable to this application. Regarding municipal services: • municipal water is available from the existing 300mm watermain on Liberty Street at Longworth Avenue and the existing 300mm watermain on Longworth Avenue, east of the subject lands; • the subject lands are tributary to the existing 250mm diameter sanitary sewer located on Swindells Street at Scottsdale Drive, which is to the south; • an external drainage area north of the subject lands is to be incorporated into the design of the sewage system for the subject lands. Regarding transportation: • a road widening will be required along Liberty Street, a Type 'B' Arterial Road in the Regional Official Plan; • sight triangles at the intersection of Liberty Street and Longworth Avenue will be required to match those existing at the west side of the Liberty/Longworth intersection; and, REPORT NO.: PSD-092-05 PAGE 7 ■ all design and construction details, including the ultimate alignment of Liberty Street and Longworth Avenue, are to be included with the first submission engineering drawings. Based on the foregoing, the Region has no objection to draft approval of this plan. Eleven conditions of draft approval are to be satisfied prior to clearance by the Region for plan registration. 6.9 The Kawartha Pine Ridge District School Board noted students generated by this subdivision will attend Harold Longworth Public School and requested the internal streets of the subdivision be provided with sidewalks. The Board noted there was no park block east of the subdivision's east boundary. This block; shown on earlier versions of the plan, has since been deleted. The Board concluded it had no objections to the application. 6.10 The Engineering Services Department has reviewed the proposed plan of subdivision. The Engineering Services Department has requested an additional 2 lots at the intersection of Longworth Avenue and Swindells Streets be added to the park block to increase the street frontage and visibility of Longworth Park. This matter is reviewed further in Section 7.3 of this report. Twenty two (22) conditions of draft approval have been provided (see Attachment 4). 7.0 STAFF COMMENTS 7.1 Neighbourhood Commercial Symbol The Commercial Policy Review has considered the existing commercial hierarchy and made recommendations that Neighbourhood Commercial Areas and Local Central Areas be combined into one designation. Deletion of this designation is in keeping with the recommendations of the study. The daily commercial needs of the subdivision's residents who choose to cycle or walk to reach such businesses will be addressed by the Local Central Area designation at the northwest corner of the Liberty/Longworth intersection. Walkways (see Section 7.4) will support such transportation choices. 7.2 Variety of Housing The plan of subdivision has been changed considerably from that which was submitted in Fall 2004. Previously, the subdivision had little housing variation: 277 detached dwellings :•rith 12 and 10.5 metre frontages and 22 townhouse dwellings with 7 metr t g e $cn.a es. Currently, the subdivision has 98 detached dwellings but with 19 having 15.0 metre+ frontages and 79 having 12.0 metre+ frontages. The 15.0 metre+ lots are strategically placed to share rear lot lines with the wider, older residential lots fronting on Liberty Street. The 10.5 metre detached lots have been removed and replaced with 9.0 metre semi/link lots. The number of townhouses has been more than doubled from 22 to 48. As a whole, the Fenwick Neighbourhood requires 525 medium density (typically townhouse) units. I-Ic c,Gv of the rreighr;c.'1-aca s `sousing targets including rnediurn density units, existing and proposed, and the increase in the number of units in this subdivision reveal the REPORT NO.: PSD-092-05 PAGE 8 application is in conformity and there is no longer any shortfall in medium density units in the Fenwick Neighbourhood. 7.3 Longworth Park The 1.94 hectare park block to be dedicated by the applicant is a southerly extension of the existing Longworth Park. This is an overdedication of the requirements of the Planning Act and was previously required in the earlier consideration of the draft plan by the Municipality. The park block and the existing portion of the park, due to the combined size, satisfies Clarington Official Plan area requirements. The applicant has basically met the frontage requirements for his park block but since the existing park in the Melody Homes development to the north has practically no frontage, there is a frontage deficiency in the park as a whole. The Clarington Official Plan requires that approximately 25% of the perimeter of a park have frontage of a street. Only 12% of the park perimeter has frontage (Attachment 2). In order to address this deficiency and to improve the visual prominence and pedestrian access to the park from the corner of Longworth and Swindells, Engineering and Planning staff recommend the purchase of additional parkland north from the corner. Engineering and Planning staff propose to increase the park's frontage through the acquisition of the 2 semillink dwelling lots west of the park block and fronting on Swindells Street. Baywood Homes has agreed to the conditions of approval that provide for the acquisition of Lots 181 and 182 (Attachment 2). l have had preliminary discussions with the developer with respect to this acquisition and can brief Committee in camera on the anticipated costa 7.4 Walkways The Clarington Official Plan requires subdivisions to be oriented toward a grid road network to enhance connectivity. Previous approvals have made a full grid road system difficult. To this end, walkways are proposed to link the west end of Street "E" with the north side of Longworth Avenue, and the northwest end of Street "C"with the south side of Longworth Avenue. Convenient access to the Longworth/Liberty intersection is important given that it will have a commercial plaza, transit stops, and be on the way to St. Elizabeth Separate Elementary School on Longworth Avenue west of Liberty Street. Street connections in this location were not considered desirable due to intersection spacing requirements from Liberty/Longworth intersection. 7.5 Longworth Avenue Approval of this plan of subdivision is desirable since it contains the "missing link" in Longworth Avenue, a Type 'C' Arterial Road that will provide an alternative east—west link to King Street from Mearns Avenue to Regional Road 57. 7.6 Entrance Feature The lot at the northeast comer of the Liberty/Longworth intersection Block 198, as redline evised, will be dedicated to the :Municipality at no cost for use as a landscaped entrance feature to the subdivision and the neighbourhood. A condition of draft approval has been included to this effect. REPORT NO.: PSD-092-05 PAGE 9 7.7 Tax Status The Finance Department advises that the taxes for the whole subject property have been paid in full. 8.0 CONCLUSION 8.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. The owner has agreed to the conditions of draft approval as contained in Attachment 4. In consideration of the comments contained in this report, staff respectfully recommends the adoption of the official plan amendment as contained in Attachment 3, the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of draft approval as contained in Attachment 4, and that the rezonings as contained in Attachment 5 be APPROVED. Attachments: Attachment 1: Site Location Key Map and Plan of Subdivision Attachment 2: Plan of Subdivision Park Block Attachment 3: Proposed Amendment No. 45 to the Clarington Official Plan Attachment 4: Conditions of Draft Approval Attachment 5: Zoning By-law Amendment List of interested parties to be advised of Council's decision: Effie Vedouras Jennifer & Don Buma Bryce Jordan Robert W. Cawker Craig Scott Paul Berube Dale and Sue Veinot Andrew Kozak REPORT NO.: PSD-092-05 INTERESTED PARTIES LIST ddtbta ,AM. � Effie Vedouras 6 Brookin Street Bowmanville, ON L1 C 5J5 Jennifer & Don Buma 277 Liberty Street North Bowmanville, ON L1 C 3YC Bryce Jordan G.M. Sernas & Unit 41, 110 Scotia Court Whitby, ON L1N 8Y7 Associates Robert W. Cawker Baywood Homes 1140 Sheppard Avenue W., Toronto, ON M3K 2A2 Unit#12 Craig Scott 311 #12 Street North Bowmanville, ON L1 C 3Y6 Paul Berube 43 Scottsdale Drive Bowmanville, ON L1 C 5G4 Dale and Sue Veinot 44 Scottsdale Drive Bowmanville, ON L1C 5G4 Andrew Kozak 86 Concession Street West Bowmanville, ON 1 1 C 1Y9 ATTACHMENT 1 — B9 15 14 1] 12 11 10 FUTURE Ig g 2 1B8 H ��� 3 C 107 B G DENNSS I TY- � O 10 O — 25 2e fm' 1s5 BLOCK 187 e g PARK y 14 2e 1.94ha R 2B STREET In a 1Pn WAIKWA U T U R E I 21 O'6RBO' tfli 1 " m N N E R CIA L ^ 22 2] 30 ]1 32 ]3 j4 ss m IB2 W 3] I IBI 9 SB 1m MtIXNIAG 52 51 so 4s ae .) Afi .5 44 4] .2 41 w 36 AVENUE 9.B3n4. aLBCK 9B LONGWORTN a N 18T--8207 6LOa1 2m O (N o O$ na n3 nz m no e SOm WHKWAY IM t]5 IBO ]5 1)0 1)] w Y 61 FUTURE AW^ �g % 55 55 5] 50 58 60 fi2 ,fi] Ibb 168 ¢ 16g tfi5 tfi8 ry HIGH 1 6] (� PAR L I$ j fi< D E N S I T Y PAlti tD 0]BN �g Rt ]0 g9 69 61 [8 65 RAR e W LL 9.m e. STR ET W • awac 21g 1R8 J ]2 BL�(RN 126 Z }On WA1%WAT ibl yl Z 6L0�!201 10.3 104 y6 12] Ifi0 n . 140 74 - 102 n-1-m-r-L BLOCK I9fi 1]1 O.I Bho. I^ 12. IN 75 IM 105 Vl 132 W lly� ]6 ]] V IW 1p6 /� Iu 133 a O 8 IN 89 2 vA ]0 96 107 20. 8--]x.0.1 nI SIT"`U=195 J 134 IS] 612nu 6-Tom ST1 [u 8 202 O'ILi6 N 0:9 wAU1 n g] 123 W go tae h = ll5 h I56 R 09 IIl��al� W 95 10g � 122 IX 155 (w 0-L�S2 ?-f194 81 (JI. 94 Ito "I 0.1Me. 0.17.¢ t21 154 al, 9 0 y � 82 t11 136 91 ROIX 183 84 112 dl)M1 m¢ STI 142 14p 138 152 R. 13a Bfi EtEl 0] 149 00 08 113 tt9 115 t16 I,] 110 119 143 144 145 148 I4J ta0 Bowmanville Key Map ZBA 2004-042 !Y - COURT r 161 AVENUE z Zoning By-law Amendment �IDAD f� ® (� c E DRN no.l r4T-90036 o m EPMn ~ RNLN�Y Subdivision CRBSCEM �� " COPA 2004-008 E9. Clarington Official Plan Amendment SPR V IL N VANSTONE CRTBLw it Owner: Dwight Chizen (Power of Attorney), ul N: ,I- esunsE' g� S co`u'a=" Margar t Constance Clt I{and the SIRE IRE AND = ®� I Estate of Robert Allen Brooking WELL WIN 60 HAROLD LONCWORTH PUBLIC SCHOOL �11111111111111� � © LONGWORTH ; 11111/1111� X11111; ®�IINII 111111t1� �1MIMI 111111�� ELDAD DRIV MONUNA ATTACHMENT 3 AMENDMENT NO. 45 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the deletion of the Neighbourhood Commercial symbol within the area of Plan of Subdivision 18T-90036. The symbol location is in Part Lot 10, Concession 2,former Town of Bowmanville. BASIS: The Amendment is based on an application submitted by 1477677 Ontario Limited (Baywood Homes) to delete the above Neighbourhood Commercial symbol. The approval of this application is based on the findings of the Commercial Policy Review which are to guide associated amendments to the Clarington Official Plan. Council is satisfied that the deletion of the Neighbourhood Commercial symbol is consistent with the recommendation of the commercial hierarchy for the Municipality as described in the Commercial Policy Review and as to be articulated in the Clarington Official Plan through amendments to it. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use — Bowmanville Urban Area as shown on Exhibit"A IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. EXHIBIT "A" AMENDMENT No. 45 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOWMANVILLE URBAN AREA CONCESSION ROAD 3 O O O O NP � � O ODelete "Neighbourhood Commercial" Symbol w Li O O cn O ® M Li M w z NP Q M � cn NP z of w ONCESSION STREET UM ATTACHMENT 4 CONDITIONS OF APPROVAL Revised Plan of Subdivision 18T-90036 Lot 10, Concession 2, Former Town of Bowmanville 1. The Owner shall have the final plan prepared on the basis of the approved draft plan of subdivision 18T-90036, prepared by Sernas Associates, identified as Project Number 04333, dated and revised May 2005, as revised in red [and dated June 10, 20051, which illustrates 97 lots for single detached dwellings, 91 lots for 182 semi-detached/link dwellings, 7 blocks for 48 townhouse dwellings, blocks to be developed in conjunction with adjacent lands, a park block, a block to be dedicated as an entrance feature, three walkways, roadways, road widenings and sight triangles. 2. The applicant must enter into a subdivision agreement with the Municipality 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 agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 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. 5. The Owner shall convey to the Regional Municipality of Durham sufficient road widenings across the entire frontage of the draft plan abutting Liberty Street in order to establish a minimum of 15 metres from the centerline of Liberty Street to the subject property line. 6. The Owner shall convey sight triangles at the northeast and southeast corners of Liberty Street and Longworth Avenue, as widened, to the Region of Durham. 7. The Owner shall submit plans showing any proposed phasing to the Region and the Municipality of Clarington for review and approval, if this subdivision is to be developed by more than one registration. 8. The Owner shall grant to the Region, any easements required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. 9. The Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 10. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendation of the report, entitled "Noise Control Study", prepared by Sernas Associates dated October 2004, as revised, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and ccrnpiete reference to the noise report (i.e. author, tide, dale and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 11. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 12. 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. 13. 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. 14. The Owner must revise draft Plan of Subdivision 18T-90036, prepared by Sernas Associates, identified as Project Number 04333, dated and revised May 2005, to incorporate the red-line revisions to said plan, and such revisions are dated June 10, 2005. These revisions to the draft plan must be done prior to the Notice of Decision of Draft Approval being mailed. 15. The Owner shall dedicate Blocks 199, 200, 201 and 202 on the red-line revised draft plan to the Municipality of Clarington as public walkways on the final plan. 16. The Owner shall convey Block 197 to the Municipality of Clarington for park or other public recreational purposes and further agrees to provide for a 1.8 metre high chain link fence at the east limits of the site in accordance with the Park Site Master Plan at no cost to the Municipality. No building permit, above and beyond fifty one percent (51%) of the entire subdivision, will be issued by the Municipality until the Longworth Avenue frontage and services abutting the park are completed to the satisfaction of the Director of Engineering Services. The lands will be conveyed in a form satisfactory to the Director of Engineering Services and may include the requirement for a Soils Report indicating that no foreign material is present. The park shall be graded to ensure proper drainage and compatibility with abutting lands and roads. No less than 200 mm of topsoil shall be provided on the site. Seeding/sodding to stabilize the site shall be determined by the Director of Engineering Services. The block shall not be used for the temporary storage of any materials nor shall any material be imported to or exported from the block without the approval of the Director. 17. The Owner shall enter into a purchase and sale agreement or an option to purchase agreement, as determined by the Municipality, for the sale of Lots 181 and 182 to the Municipality, such agreement containing terms and conditions satisfactory to the Director of Planning Services. 18. The Owner shall convey Block 198, the block on the northeast corner of the Liberty Street North and Longworth Avenue intersection to the Municipality of Clarington and shall landscape the block in accordance with the approved landscape plan. The eastern portion of the block will be added to the lot to the east which will in turn be divided into two no ih-souih oriented lots. 19. Lot 53 shall be retained as a future development block to be developed in conjunction with the lands to the south. 20. That the developer is required, as a condition of the development agreement, to make the front end payments to the Municipality for the amount stated in the following front end agreements: 1. Schickedanz Upper and Lower Front End Agreement 2. Mann Street Storm Sewer Front End Agreement 3. Orchard Park Subdivision 21 That the storm drainage works necessary for this plan of subdivision are constructed in accordance with the West Branch of Soper Creek Master Drainage Study, dated May, 1991, prepared by Marshall Macklin Monaghan and as finally approved by the Director of Engineering Services. 22. That prior to the detailed engineering submission, the applicant's engineer prepares a Stormwater Management Implementation Report that details all storm quantity and quality control facilities, erosion protection measures, conveyance of storm drainage, both major and minor systems from this site. In addition, the report should specify the location of the storm connection to which existing storm sewer system the applicant proposes to connect. This report shall be subject to the approval of the Director of Engineering Services. 23. All streets shall be constructed in accordance with Municipality of Clarington standards. 24. The applicant will be responsible for 100% of the cost, financial and otherwise, associated with the connection of proposed internal roadways and related facilities to existing roadways located in adjacent residential subdivisions. The cost shall include any works located on external lands that are deemed necessary by the Director of Engineering Services. 25. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 26. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 27. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By- law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 28. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 29. All utilities such as hydro, telephone and cable television within the streets of this development must be installed underground for both primary and secondary services. 30. The north side and west side of Street C must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots that may front onto Street C. 31. Prior to the issuance of any building permits within the proposed subdivision, the applicant must provide for the removal of any existing temporary turning circles located in adjacent developments. The applicant must reconstruct the road to an urban standard,including asphalt paving, curb and gutter, boulevard sod, sidewalks, street lighting and street trees. 32. All lots located on street eyebrows must be revised to have a minimum frontage of 15.0 metres. All blocks located on eyebrows that are designated as future lots must accommodate 15.0 metre frontages. Alternatively, the applicant will be required to submit house siting plans for each eyebrow lot which demonstrate that the reduced frontages will still allow sufficient room to accommodate storm sewer easements, street furniture, driveway entrances and snow storage. 33. Actual construction of Street C will not be permitted until the owner has acquired all of the lands necessary to facilitate the construction of Street C. The final approved Master Grading Plan for the subdivision must demonstrate that Street C can be constructed without retaining walls and without adversely affecting adjacent property to the north. The final master drainage scheme will be subject to the approval of the Director of Engineering Services at the engineering approval stage of the development process. 34. Every effort must be made to reduce the number of rear yard catchbasins being proposed at the south limit of the subdivision. The final drainage scheme will be subject to the approval of the Director of Engineering Services at the engineering approval stage of the development process. 35. Additional grading works may be required to facilitate proper grading of Lots 87, 119 and 143. The owner shall be responsible for 100% of the cost of works deemed necessary by the Director of Engineering Services to facilitate proper grading of these lots. 36. The owner shall be 100% responsible for the costs, financial and otherwise, assodated with the removal of any existing fence, structures or other items that encroach onto the subject lands. 37. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 38. That the Applicant meet all the requirements of the Engineering Services Department, financial or otherwise. 39. 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. 40. That the Owner shall adhere to architectural control requirements of the Municipality. 41. 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. 42. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 43. That the Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's � reacurcr, v th respsc` to Ferformance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 44, That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 45. The Owner shall meet all the requirements of the Municipality of Clarington, financial or otherwise. 46. Prior to any on-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from, the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with provincial guidelines; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat, once adequate protective measures have been undertaken; and C) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 47. The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule. 48. 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 46 to the satisfaction of the Central Lake Ontario Conservation Authority; b) the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Central Lake Ontario Conservation Authority; C) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to the commencement of grading or the initiation of any on-site works. In order to expedite clearance of Condition 48, a copy of the fully executed subdivision agreement should be submitted to the Authority. 49. The Owner must place in all agreements of purchase and sale for lots completely or partially within 300 metres of the St. Lawrence & Hudson Railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 50. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell . u `30i4.7C> or ^ 0,.,1nei'Deve1or-r .s"a l bo -espor•.sible for '.he re!ocation cf such facilities or easements. 51. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality. 52. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) The Regional Municipality of Durham, how 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 Conditions have been satisfied; b) The Central Lake Ontario Conservation Authority, how Conditions 46, 47 and 48 have been satisfied; and c) Bell Canada, how Conditions 50 and 51 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a) Durham Region Planning Department P.O. Box 623 605 Rossland Road East Whitby, ON L1N 6A3 b) Central Lake Ontario Conservation Authority 100 Whiting Avenue Oshawa, ON L1i-1' 3T3 C) Bell Canada Right of Way 100 Borough Drive, Floor 3 Scarborough, ON MI 4W2 ATTACHMENT 5 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 former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2004-042; 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: 2. "Agricultural (A)Zone"to"Holding-Urban Residential Exception ((H)R1-43)"; "Agricultural(A)Zone"to"Holding-Urban Residential Exception ((H)R2-15)"; "Holding-Urban Residential Type One ((H)R1)" to "Holding-Urban Residential Exception ((H)R1-43)"t "Urban Residential Type One(R1)"to"Holding-Urban Residential Exception((H)R2-15)"; "Holding-Urban Residential Type One ((H)R7)" to"Holding-Urban Residential Exception ((H)R2-15),,. "Holding-Urban Residential Type Two ((H)R2p to "Holding-Urban Residential Exception. (R2-15)"; "Holding-Urban Residential Type Two ((H)R2)" to "Holding-Urban Residential Exception ((H)R1-43)"; "Holding-Neighbourhood Commercial ((H)C2)" to "Holding-Urban Residential Exception ((H)R2-15)"; "Holding-Urban Residential Type Three ((H)R3)"to "Holding-Urban Residential Exception ((H)Ri-43)"; "Holding-Urban Residential Type Three ((H)R3)" to "Holding-Urban Residential Exception ((H)R3-20)"i and "Holding-Urban Residential Type One ((H)R1)" to "Holding-Urban Residential Exception ((H)R3-20)" 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 Sections 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,Clerk This is Schedule 'IN' to By-law 10 2005 A.Dff �` � • .I�iMEMii .. ...'min' NiUMME • UC///. .�_,::•-111 �`�,' ' , -`!\• ION�i'W.�� i�mppp�! :�`r`.��•r'r��z��•r..•: ��, � Jam., imp ii00CIL\\� ..c Giligr - %� _:: ��o�, • mss,.-�-.= r ;igme�� , ',� �:� _ .//� iii►:.-.-r-.� ©r,,. WIN! I / ..... VA IopAr4,pirA00000 • • • I John Mutton, Mayor BOWMANVILLE Patti L Barrie, municipal Clerk Clar'ington REPORT Leadtng the y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 20, 2005 Report#: PSD-095-05 File #: ZBA 2005-028 By-law #: Subject- APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: SCOTT PUSHMAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-095-05 be received; 2. THAT the request for removal of Part Lot Control with respect to Block 143 on Registered Plan 10M-829, 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. Y Submitted by: f Reviewed by: D vid . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BH/CP/DJC/df/Ivv 17 June 2005 CC� ,,NT'nZ nFT"F A0I"NIC'.IPA1.07Y e)FC'LARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-095-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant/Agent: Scott Pushman 1.2 Location: Part Lot 10, Concession 2, former Town of Bowmanville 10M-829 (see attachment 1) 2.0 BACKGROUND 2.1 On June 16, 2005, Staff received a request from Scott Pushman for the removal of Part Lot Control with respect to Block 143 on Registered Plan 10M-829. 2.2 Draft Plan of Subdivision 18T-87033 received approval for 75 single detached dwellings, and 252 semi-detached dwelling units. Registration of Plan of Subdivision 10-829 was completed on October 16th, 1989. The removal of Part Lot Control would facilitate the construction two linked dwelling units. 2.3 Block 143 was originally designed as a street linking Farncomb Crescent to Tilly Road. With the subsequent draft approval of 40M-2138 for Tilley Road in February 2003 this block was revised to permit 2 linked dwellings. In February 2005, building permits were approved for 81 and 83 Farncombe Crescent. 3.0 COMMENTS 3.1 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. 3.2 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (1) year period following Council approval, ending June 27,2006. REPORT NO.: PSD-095-05 PAGE 3 Attachments: Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2: By-law for Removal of Part Lot Control Attachment 3: Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Scott Pushman REPORT NO.: PSD-095-05 INTERESTED PARTIES LIST ..° Scott Pushman Diamond Fischman & Box 26008 RPO King St., E Oshawa, ON L1H 8R4 . Pushman 18 .300 r� �'i 0�' • • •� �� • i i • 105 • ' 0 ' � • • • ., •• t• 16 .300 . . . . s s s mEEMEM ��i►��� /llllnnmm� m� � •m-nm_ � :1111 IIIIII,,i11�I"��,1111 p C ��.0 in 111111_ ill �atti�a _��:_ iiiii :'�C:= :hill un! • - 1D ■ 1 111111 11■�1�1�1 n �� C Al1AGHMtNIZ CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to exempt certain portions of Registered Plan 1OM-829 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control Block 143 on Registered Plan 10M-829, registered at the Land Registry Office for the Land Titles Division of Newcastle; 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) Block 143 on Registered Plan 10M-829 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act,this By-law shall be in force for a period of one(1)year ending on June 27d',2006. 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 3 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: 10M-829 By-law: Result of Part Lot,Control , Exernption,on-,Unit Type &Number Lots Affected Unit Type & =Number Block 143 Semi-detached —2 TOTAL Units —2 Increase of two units