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HomeMy WebLinkAbout01/10/2005 ,. Clarin n Geatlzng the Way GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JANUARY 10, 2005 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1 . ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of December 6, 2005 301 4. PRESENTATIONS (a) Glenn Case, Port Granby Project Director — Project update and preview of upcoming project (b) Bob Lehman, Meridian Planning Consultants — Commercial Policy Review (c) Region of Durham — Adelaide Ave. Extension 5. DELEGATIONS (a) Bill Cawker, Baywood Homes — Report PSD-006-05 6. PUBLIC MEETING (a) Amendment the Zoning By-law 84-63 501 Applicant: Peter Sainovski Report: PSD-001-05 (b) Application To Amend the Zoning By-law to Amend a Draft 503 Approved Plan of Subdivision Applicant: Kylemore Homes Report: PSD-002-05 V CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO LiC 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 . January 10, 2005 yo. (c) Application To Amend the Clarington Official Plan, 505 Draft Plan of Subdivision and Zoning By-law Applicant: 1477677 Ontario Limited (Baywood Homes) Report: PSD-003-05 (d) Application to Amend the Zoning By-law 84-63 507 Applicant: Northglen Land Corp. Report: PSD-004-05 7. PLANNING SERVICES DEPARTMENT (a) PSD-001-05 — Rezoning to Permit Commercial Uses with 601 Reduced Setback, Parking, and Loading Standards Applicant: Peter Sainovski (b) PSD-002-05 — Amendment to Draft Approved Plan of 607 Subdivision 18T-96013 Zoning By-law Amendment ZBA2004/048 to Permit the Development of 245 Residential Units v., Applicant: Kylemore Homes (c) PSD-003-05 — Official Plan Amendment, Revisions to Proposed 615 Plan of Subdivision and Related Rezoning to Permit 299 Residential Units Applicant: 1477677 Ontario Limited (Baywood Homes) (d) PSD-004-05 — Rezoning to Permit a Temporary Sales Trailer 622 Applicant: Northglen Land Corp. (e) PSD-005-05 — Monitoring of the Decisions of the Committee 629 of Adjustment for the Meeting of November 25, 2004 (f) PSD-006-05 — Application by Baywood Homes to Amend a Draft 634 Approved Plan of Subdivision to Delete a Service Lane for 10 Residential Units Abutting Townline Road South in the City of Oshawa (g) PSD- 007-05 — Nuclear Waste Management Organization — 655 Comments on Second Discussion Document (h) PSD-008-05 — Draft Final Report 699010 Recommended Policy Changes: Clarington Commercial Policy Review G.P. & A. Agenda - 3 - January 10, 2005 8. ENGINEERING SERVICES DEPARTMENT No Reports 9. OPERATIONS DEPARTMENT No reports 10. EMERGENCY SERVICES DEPARTMENT (a) ESD-001-05 — Monthly Response Report — November, 2004 901 11. COMMUNITY SERVICES DEPARTMENT No. Reports 12. CLERK'S DEPARTMENT (a) CLD-001-05 — Quarterly Parking Report 1101 13. CORPORATE SERVICES DEPARTMENT (a) COD-001-05 — RFP2004-12, Audit Services 1201 14. FINANCE DEPARTMENT (a) FND-001-05 — Tyrone Community Centre — Interest Free 1301 Loan Request 15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No reports 16. UNFINISHED BUSINESS (a) Addendum to Report EGD-37-03 — Durham Region 1501 Public Alerting System 17, OTHER BUSINESS Confidential Verbal Report of the Solicitor— Legal Matter 18. ADJOURNMENT ' THE MUNICIPALITY OF CLARINGTON ' General Purpose and Administration Committee . December 6, 2004 Minutes of a meeting of the General Purpose and ' Administration Committee held on Monday, December 6, 2004 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson ' Councillor J. Schell Councillor C. Trim ' Also Present: Chief Administrative Officer, F. Wu Senior Planner, Community Planning, H. Brooks (until 10:45 am) Director of Engineering Services, T. Cannella (until 11:30 am) ' Director of Community Services, J. Caruana (until 11:30 am) Director of-Planning Services, D. Crome Director of Operations, F. Horvath (until 11:30 am) ' Director of Corporate Services, M. Marano (until 11:30 am) Manager, Planner, C. Pellarin (until 10:45 am) Director of Finance/Treasurer, N. Taylor (until 11:30 am) Acting Fire Chief, G. Weir (until 11:30 am) ' Planner, T. Will (until 10:45 am) Deputy Clerk, M. Knight Stanley tClerk II, C. Doiron (until 11:30 am) Mayor Mutton chaired this portion of the meeting. ' DISCLOSURES OF PECUNIARY INTEREST ' There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-475-04 Moved by Councillor Trim, seconded by Councillor Robinson ' THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on November 15, 2004, be approved. ' °CARRIED° 3 � 1 G.P. &A. Minutes - 2 - December 6, 2004 , PRESENTATIONS ' (a) Bruce Taylor introduced Steven Myers, graduate of Centenial ' College, former employee of the City of Scarborough, who has been hired as Recreation Coordinator and working from the South Courtice Arena ' (b) Rev. Frank Lockhart circulated a handout to the Committee regarding the Valleys 2000 Annual Update. Rev. Lockhart gave his appreciation , to the Council and Staff for their support, especially in completing the paving of the main trail. Also he gave appreciation to the following: • The C.B.M. for donating 407 tons of limestone. ' • Howard Wood for transporting the twelve loads of limestone at cost. • Lyle McMahon for donating 80 Sugar Maples. ' • Leonard Falls for donating 20 cedars. • Trillium Foundation for granting $21,500 for the planning of the first pond, $53,500 for the committed construction of the pond. , • M.N.R. for granting $4,500 for the stream bank stabilization projects. Rev. Lockhart gave a report on the accomplishments for 2004 as , stated in the following: • The main trail from Spry Ave. to Baseline Rd. with an extension to our new parking lot and four benches. ' • The south parking lot off Baseline Road. • Further work on the 2 secondary trails. • Culling of the woods continued and 120 trees, made up of mostly ' sugar maples, but also white pine and cedars were planted. Some spruce were moved. • A major bank stabilization project ' • Initial work along a secondary stream to limit mosquito breeding habitat. • Initial landscaping (the planting of about 30 sugar maples) in the ' large open area north of Baseline Rd. He also reported the remaining projects to undergo as follows: ' • To stabilize the stream bank and improve stream quality for salmon • Some Work on secondary trail surfaces and related woods work. • More culling of poor quality trees, etc. and implanting of quality ' deciduous and coniferous trees. More benches and an information bench. • Planning has been completed and tenders are to be called within ' weeks for construction this coming winter for the first pond. • Another smaller pond on the east side of the stream will wait until property development takes place near there. ' • The by-pass channel to replace the fish ladder. The committee has corresponded with the new minister of natural resources and have ' his and his staffs support for this project. They presume that some of the initial Trillium grant will remain after the completion of their 1 ' G.P. &A. Minutes -4 - December 6, 2004 ' (e) Greg Milosh — Report PSD-163-04. Mr. Milosh would like to have clarification of the actual location of the Brookhill Plan. He also asked what the nature of the relationship is between the developer and the ' Municipality. (f) Peter Smith on behalf of Players Business Park Ltd. — Report PSD-163-04. Mr. Smith stated that his clients cannot agree to a process which will further delay the project. They are willing to compromise with staff but at the same time they would like to keep ' moving ahead with the project. (g) Mario Veltri —Addendum to PSD-138-04. Was called but was not present. Councillor Schell chaired this portion of the meeting. ' PUBLIC MEETING ' (a) Amendment the Zoning By-law 84-63 Applicant: Doug Farrow Report: PSD-148-04 ' (b) General Zoning Amendment for Drive-throughs Applicant: Municipality of Clarington Report: PSD-149-04 (c) Application To Amend the Zoning By-law and to Amend a Draft ' Approved Plan of Subdivision Applicant: Liberty Street Developments Inc. Report: PSD-150-04 (d) Application to Amend the Zoning By-law and Plan of Subdivision Applicant: West Diamond Properties Inc. and Players Business Park ' Ltd. Report: PSD-151-04 ' David Crome, Director of Planning Services, gave a verbal report pertaining to Report PSD-148-04. ' (a) The proposed Zoning By-law Amendment submitted by Doug Farrow would permit the severance of one additional residential lot. ' No one spoke in opposition to or support of this application. ' The applicant was present but did not wish to speak. 304 G.P. & A. Minutes - 3 - December 6, 2004 first pond and that money can be used to begin the planning for the. ' by-pass channel, thus giving momentum to this project which is ' potentially so important to the committee and to Bowmanville. • Landscaping in the southern portion of the valley terrain, culling and planting trees. , • At least one secondary trail closer to the stream. • Stream bank stabilization. • A substantial bridge across Bowmanville Creek to enable ' development of parkland on the east side. • The larger pond at the comer of Spry Ave. and Baseline Rd., Their experience with the building of a smaller pond this coming winter , and the beneficial results will prepare the way for this larger project. • Soper Creek Valley—this terrain has rich potential for passive recreation and is already much used as such. They suggest that ' Council consider the development of a main trail through the part of this valley south of King St. Rev. Lockhart mentioned that the Memorandum of Understanding five , year agreement is now expiring and he gave a brief summary of the past five years. Therefore the Committee requested that the Memorandum be renewed for another five year term with some minor a amendments. DELEGATIONS ' (a) Steve Carruthers— Request for extension for living quarters ' Building Permit— Report PSD-156-04. Mr. Carruthers was present to answer questions from Members of the Committee. (b) Brian Ritchie, Detox Certificate of Approval — Report PSD-159-04. Mr. ' Ritchie was present to answer questions from the Members of the Committee. ' (c) Libby Racansky— Report PSD-160-04. Ms. Racansky stated that she had a few comments to Council and the Planning Department , regarding a need for an Urban Separator between Oshawa and Courtice. She believes that the inclusion of lands along the Second Marsh streams with the Marsh itself and the eastem part of the ' groundwater recharge area in Courtice within the Greenbelt could assure the sustainability and integrity of this watershed. The Planning Department report on the Draft Greenbelt is a very progressive one; by ' omitting sections 4.9 and 4.10 it would not affect any municipal planning. There are many other good reasons why this'urban separator is needed. Joint transit and other services are good ideas, ' but she requested that the Committee not allow Courtice becoming a part of the City of Oshawa. (d) Harry Schillings, 762224 Ontario Limited — Report PSD-163-04. , Advised prior to the meeting that he would not be in attendance. 303 ' G.P. & A. Minutes - 5- December 6, 2004 Carlo Pellarin, Manager, Community Planning and Design, gave a verbal report pertaining to Report PSD-149-04. (b) The proposed Zoning By-law Amendment initiated by the Municipality ' of Clarington would introduce requirements to regulate the establishments of drive-through uses within the zones currently designated as "General Commercial (Cl)', "Neighbourhood Commercial (C2)" and their ' Exception Zones, as shown below. The regulations will include: a minimum lot area; a minimum separation distance from residential uses; a minimum vehicle stacking lane separation from a street entrance; and minimum parking requirements. . ' No one spoke in opposition to or support of this application. Tracy Will, Planner, gave a verbal report pertaining to Report PSD-150-04. ' (c) The applications propose to rezone the lands and amend the draft approved plan of subdivision in order to permit the development of 261 residential units consisting of 85 single family detached dwellings with 15-metre frontage, 98 single detached dwellings with 12-metre frontages and 78 single detached dwellings with 9-metre frontages. ' Proposed zoning would reduce the exterior side and front yard setbacks and increase the lot coverage. ' Louise Barrett spoke in opposition to this application. She is concerned that the original Official Plan regarding her lots will be changed. She wants to be reassured that this will not happen. She is ' also concerned about her septic bed and whether it will be damaged by the proposed road project. ' Frank Harris spoke in opposition to this application. He is concerned about the pedestrian and traffic problems that might occur because of the lack of sidewalks and the volume of traffic. He suggested that the ' developer should be involved in more studies regarding this issue. Mr. Harris also inquired about having more planning for landscaping and parks in the area. No one spoke in support of this application. ' Glen Murphy, applicant, stated that the lots surrounding Ms. Barrett's property will remain frozen as in the Official Plan. Mr. Murphy stated that the road projected will not impact Mrs. Barrett septic bed. Mr. ' Murphy agreed with Mr. Harris concerns and stated that there has been a community edging proposed. G.P. &A. Minutes - 6 - December 6, 2004 ' Heather Brooks, Senior Planner, Community Planning, gave a verbal ' report pertaining to Report PSD-151-04, (a) The proposed rezoning application would permit the development of a , 548 residential unit Plan of Subdivision consisting of 377 detached dwelling units and 171 multiple residential units, a public elementary , school block, 2 park blocks and 2 open space blocks on 34.63 ha of land located in Part of Lot 17, Conc. 2, in the former Township of Darlington. ' John Farmer, spoke in opposition to this application. Mr. Farmer stated his concerns regarding the green space plan he is afraid that ' development may infringe on the green space plan. No one spoke in support of this application. The applicant was present to answer questions from the Committee. PLANNING SERVICES DEPARTMENT Rezoning to Resolution #GPA-476-04 ' Permit an Additional Moved by Councillor Trim, seconded by Councillor Pingle Residential Lot ' Doug Farrow THAT Report PSD-148-04 be received; THAT, provided there are no significant issues raised at the public ' meeting, the rezoning application submitted by Doug Farrow be approved and that the zoning by-law amendment attached to Report ' PSD-148-04 be adopted by Council; and THAT all interested parties listed in Report PSD-148-04 and any ' delegations be advised of Council's decision. "CARRIED" j Drive-through Resolution #GPA-477-04 Uses , Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report PSD-149-04 be received; ' THAT the proposed zoning by-law amendment be referred back to staff for consideration of comments from landowners and review , agencies; and 1 G.P. &A. Minutes - 7 - December 6, 2004 THAT the interested parties listed in Report PSD-149-04 be advised of Council's decision. .CARRIED" ' Liberty Street Resolution #GPA-478-04 Development Inc. Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-150-04 be received; ' THAT the applications to amend Draft Approved Plan of Subdivision 18T-87021 and Zoning By-law 84-63, submitted by Liberty Street Developments Inc. to permit the development of 267 residential units be referred back for further processing and the preparation of a ' subsequent report; and THAT all interested parties listed in Report PSD-150-04 and any ' delegations be advised of Council's decision. "CARRIED" ' Resolution #GPA-479-04 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report PSD-151-04 be referred to the end of the agenda to be ' considered at a "closed" meeting. "CARRIED" ' Removal of Resolution #GPA-480-04 Holding Symbol ' Aspen Springs Moved by Councillor Trim, seconded by Councillor Foster Limited THAT Report PSD-152-04 be received; THAT the application submitted by Aspen Springs Limited to remove the Holding (H) symbol be approved and that the By-law attached to ' Report PSD-152-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and t THAT all interested parties listed in Report PSD-152-04 and any delegations be advised of Council's decision. "CARRIED" 307 G.P. &A. Minutes - 8 - December 6, 2004 ' Monitoring of the Resolution #GPA-481-04 , Decisions of the Committee of Moved by Councillor MacArthur, seconded by Councillor Robinson ' Adjustment Nov. 11, 2004 THAT Report PSD-153-04 be received; and THAT Council concur with the decisions of the Committee of ' Adjustment made on November 11, 2004 for applications A2004/029, A2004/041, A2004/046, A2004/053, A2004/054, A2004/055, and ' A2004/056 and A2004/057; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. ' "CARRIED" Valleys 2000 Resolution #GPA-482-04 ' Moved by Councillor MacArthur, seconded by Councillor Pingle ' THAT Report PSD-154-04 be received; ' THAT the New Memorandum of Understanding between Valleys 2000 and the Municipality of Clarington be approved; ' THAT the Mayor and Clerk be authorized to execute the New Memorandum of Understanding on behalf of the Municipality of , Clarington; THAT the By-law authorizing execution of the New Memorandum of ' Understanding be approved; and THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of ' Council's decision. "CARRIED" ' OPA Resolution#GPA-483-04 Port Darlington ' Neighbourhood Moved by Councillor Pingle, seconded by Councillor MacArthur Secondary Plan THAT Report PSD-155-04 be tabled to the Council Meeting scheduled ' for December 13, 2004. "CARRIED" , ' G.P. & A. Minutes - 9 - December 6, 2004 Extension for Resolution #GPA-484-04 ' Temporary Living Quarters Moved by Councillor MacArthur, seconded by Councillor Pingle S. Carruthers THAT Report PSD-156-04 be received; THAT Council permit an extension for a temporary living quarters for ' the property located at 7423 Baker School Road expiring on June 30, 2005, or with the occupation of the new dwelling, whichever occurs first; and ' THAT Mr. Steven Carruthers be advised of Council's decision, ' FORTHWITH. "CARRIED" ' Durham Biosolids Resolution #GPA-485-04 Master Plan Study ' Moved by Councillor Trim, seconded by Councillor Pingle THAT Report PSD-157-04 be received; ' THAT Council endorse the preferred strategies for managing biosolids and septage in Durham Region as outlined in the Durham Biosolids ' Master Plan; and THAT the Durham Region Works Department be noted of Council's ' decision. "CARRIED" Removal of Resolution #GPA-486-04 Holding Symbol ' 1419345 Moved by Councillor Pingle, seconded by Councillor Foster Ontario Ltd. THAT Report PSD-158-04 be received; ' THAT the application submitted by John Annis, on behalf of 1419345 Ontario Limited, to remove the Holding (H) symbol be approved and that the By-law attached to Report PSD-158-04 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-158-04 and any ' delegations be advised of Council's decision. "CARRIED" G.P. &A. Minutes - 10 - December 6, 2004 , Provisional Resolution #GPA487-04 ' Certificate of Approval Moved by Councillor MacArthur, seconded by Councillor Trim ' Detox Environmental THAT Report PSD-159-04 be received; Limited , THAT the Ministry of Environment be advised that the proposed waste disposal building conforms to the Clarington Official Plan and the Zoning By-law; and ' THAT all interested parties listed in Report PSD-159-04 and any ' delegations be advised of Council's decision. "CARRIED" Comments Resolution #GPA-488-04 , on the Provincial Draft Greenbelt Moved by Councillor MacArthur, seconded by Mayor Mutton Plan THAT Report PSD-160-04 be received; , THAT report PSD-160-04 be endorsed as the Municipality of Clarington's comments on.the Draft Greenbelt Plan; ' THAT a copy of report PSD-160-04 be forwarded to John Genetsen, Minister of Municipal Affairs and Housing, and the Region of Durham Planning Department; and ' THAT all interested parties listed in Report PSD-160-04 and any ' delegations be advised of Council's decision, FORTHWITH. "CARRIED" , Durham Regional Resolution #GPA-489-04 Official Plan , Review Moved by Councillor Trim, seconded by Mayor Mutton THAT Report PSD-161-04 be received; , THAT Report PSD-161-04 be endorsed as the Municipality of Clarington's comments on the Region of Durham's Official Plan Review Recommended Directions Report; and THAT a copy of PSD-161-04 and Council's decision be forwarded to , the Region of Durham, to Durham area municipalities and any delegation. "CARRIED" 310 G.P. &A. Minutes - 11 - December 6, 2004 Sign By-law Resolution #GPA490-04 ' Minor Variance 762224 On. Ltd. Moved by Councillor Robinson, seconded by Councillor Pingle ' THAT Report PSD-162-04 be received; THAT the application for a minor variance to the Municipality of ' Clarington Sign By-law 97-157, as amended, submitted by Harry Schillings behalf of 762224 Ontario Limited to permit a pylon sign with a height of 9.0 metres and a sign area 9.93 sq.m. be approved; and ' THAT all interested parties listed in Report PSD-162-04 and any delegations be advised of Council's decision. "CARRIED" tResolution #GPA-491-04 ' Moved by Mayor Mutton, seconded by Councillor Robinson THAT Report PSD-163-04 be referred to the end of the agenda to be ' considered at a "closed" meeting. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ' Resolution #GPA-492-04 Moved by Councillor Robinson, seconded by Councillor Schell ' THAT Committee recess for ten minutes. ' "CARRIED" The meeting reconvened at 10:50 a.m. ' ENGINEERING SERVICES DEPARTMENT Station Street Resolution #GPA-493-04 Reconstruction Moved by Councillor Robinson, seconded by Councillor Schell THAT Report EGD-57-04 be received; ' THAT Staff proceed to finalize the detail design of the project to meet an early 2005 construction start and include Rowe Street, Princess G.P. & A. Minutes - 12 - December 6, 2004 ' Street, Church Street and Station Street North in the Municipal Asphalt ' Overlay Program for 2005; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of Report EGD-57-04. "CARRIED", Prospect Resolution #GPA494-04 Street Bridge Moved by Councillor Schell, seconded by Councillor Pingle THAT Report EGD-58-04 be received; , THAT Staff confirm with Canadian Pack Railway (CPR)the ' requirements for inclusion of a decorative steel handrail as part of the rehabilitation work to be performed on the Prospect Street bridge; and THAT all those who attended the Public Information Centre and who ' have contacted the Municipality be informed of Report EGD-58-04. ' "CARRIED" Monthly Report Resolution #GPA495-04 ' on Building Permit Activity Moved by Mayor Mutton, seconded by Councillor Robinson ' for Nov. 2004 THAT Report EGD-59-04 be received for information. "CARRIED" , OPERATIONS DEPARTMENT ' There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. ' EMERGENCY SERVICES DEPARTMENT , There were no reports considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. ' G.P. & A. Minutes - 13 - December 6, 2004 ' COMMUNITY SERVICES DEPARTMENT Fitness Resolution #GPA-496-04 Program Update Moved by Councillor MacArthur, seconded by Councillor Schell ' THAT Report CSD-17-04 be received for information. "CARRIED" Aquatics Resolution #GPA-497-04 Program Update Moved by Councillor Trim, seconded by Councillor Pingle THAT Report CSD-18-04 be received for information. "CARRIED' ' Clarington Resolution #GPA-498-04 Sports Hall of 1 Fame 2004 Moved by Councillor Schell, seconded by Councillor MacArthur Induction Ceremony THAT Report CSD-19-04 be received for information. "CARRIED" Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT Animal Services Resolution #GPA-499-04 Report ' July—Sept 2004 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report CLD-36-04 be received; and THAT a copy of Report CLD-36-04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" ' Civil Marriages Resolution #GPA-500-04 Moved by Mayor Mutton, seconded by Councillor MacArthur THAT Report CLD-37-04 be received 313 G.P. & A. Minutes - 14 - December 6, 2004 , THAT the Municipality of Clarington offer public civil marriage services , in the Municipal Administrative Centre Monday to Friday; THAT the fee for the civil marriage service be set at $250.00; ' THAT the service be monitored for a six-month period with a further , report to be submitted to Council in June 2005; and THAT the by-law attached to Report CLD-37-04 as Schedule °A" be forwarded to Council for passage. "CARRIED' ' Taxi Emergency Resolution #GPA-501-04 Distress Lights ' Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report CLD-38-04 be received; ' THAT the taxi by-law included as Schedule "A" to Report CLD-38-04 be forwarded to Council for passage; and ' THAT all interested parties be advised of Council's action. "CARRIED" ' Encroachments Resolution#GPA-502-04 ' on Municipal Property Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-39-04 be received for information. "CARRIED" , CORPORATE SERVICES DEPARTMENT Confidential Resolution #GPA-503-04 ' Report Personnel Moved by Councillor Schell, seconded by Councillor Pingle ' Matter THAT the recommendations contained in Confidential Report COD-061-04 be approved. ' "CARRIED" 34 ' G.P. & A. Minutes - 15- December 6, 2004 Request for Resolution #GPA-504-04 ' Proposal RFP2004-3 Moved by Councillor Schell, seconded by Councillor Robinson ' THAT Report COD-062-04 be received; THAT the proposal received from Deloitte & Touche, Toronto, Ontario ' being the most responsive bidder meeting all terms, conditions and specifications of request for Proposal RFP2004-3 be awarded the contract for the provision of a Business Plan for the Brian McFarlane ' Museum at an estimated cost of$59,750.00 plus GST; and ' THAT the funds be provided from the 2004 Professional Fees Reserve account# 100-00-000-00000-2926, FORTHWITH. ' "CARRIED" Tender Resolution #GPA-505-04 ' T329-2004 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-063-04 be received; THAT Lyreco Office Products, Scarborough, Ontario with a total bid in an approximate amount of $82,300.00 per year (plus GST and PST) for the Municipality of Clarington, being the lowest responsible bidder meeting all terms, conditions, and specifications for Parts A and B of Co-op Tender T329-2004, be awarded the contract to supply stationery and printer toner products for a THREE year term to expire December 31, 2007, as required by the Municipality of Clarington, THAT staff be authorized to extend the contract for up to an additional two years pending satisfactory pricing, service and agreement by the ' Durham Purchasing Co-operative; and THAT the funds be provided from the departmental operating accounts ' during the term of the agreement. "CARRIED" Emergency Resolution #GPA-506-04 Equipment and ' Services Radio Moved by Councillor Robinson, seconded by Councillor Pingle Exclusivity THAT Report COD-064-04 be received for information. ' "CARRIED" � 1J r G.P. & A. Minutes - 16 - December 6, 2004 , Single Stream Resolution #GPA-507-04 ' Remuneration Agreement with Moved by Councillor Schell, seconded by Councillor Trim , Region of Durham THAT Report COD-065-04 be received: THAT the Mayor and Clerk be authorized to execute the agreement, r substantially in the form of Attachment#1 to Report COD-065-04, with the Region of Durham, for the provision of remuneration by the ' Municipality of Clarington for Regional Council duties; THAT the appropriate by-law be forwarded to Council for approval; and ' THAT the Region of Durham be notified of Council's decision and provided with a copy of the by-law. , "CARRIED" RFP2004-16 Resolution #GPA-508-04 Moved by Councillor Robinson, seconded by Councillor Pingle ' THAT Report COD-066-04 be received; , THAT Monteith Brown Planning Consultants, London, Ontario with a total bid in the amount of$37,372.50 (including disbursements plus G.S.T.), being the lowest most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2004-16 be awarded the contract for the Consulting Services for the Outdoor , Recreation Facilities Study as required by the Engineering Department; THAT the funds be drawn from Account#110-32-325-83256-7401; and , THAT the by-law attached to Report COD-066-04 marked Schedule ' "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved. "CARRIED" r 1 1 316 1 G.P. &A. Minutes - 17 - December 6, 2004 Tender Resolution #GPA-509-04 CL2004-38 Moved by Councillor Foster, seconded by Councillor Schell THAT Report COD-067-04 be received; ' THAT Integra Data Systems Corporation of Markham, Ontario with a total bid in the amount of$59,875 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-38, be awarded the contract for the supply and installation of a 150' Communication Tower as required by the ' Corporate Services Department for the new Firehall in Courtice; and THAT the total funds required in the amount of$64,066.25 be drawn from Information Technology Equipment Purchase Account 100-16- '. 162-00000-7505. "CARRIED" CL2004-1 Resolution#GPA-510-04 ' Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report COD-068-04 be received; THAT the contract award to AirCon Systems, Whitby, Ontario for ' Tender CL2004-1, Mechanical Equipment, Part B, be cancelled immediately; THAT a purchase order be issued to Tri-Air Systems, Scarborough, Ontario, for emergency repairs on an as required basis, at an hourly rate of$74.50, to be effective immediately; and ' THAT staff re-tender for the requirements of Part B for the remainder of the three year term to expire May, 2007, FORTHWITH. "CARRIED" www.clarington. Resolution #GPA-511-04 net Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-069-04 be received for information. ' "CARRIED" G.P. & A. Minutes - 18 - December 6, 2004 ' FINANCE DEPARTMENT Cash Activity Resolution #GPA-512-04 ' Third Quarter of 2004 Moved by Councillor Pingle, seconded by Councillor Trim ' THAT Report FND-026-04 be received; THAT in accordance with provision of Chapter 25, Section 286 of the ' Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the third quarter of the year 2004, as ' shown on the schedule attached to Report FND-026-04;and THAT Part "A" of the expenditures for the third quarter of the year be ' confirmed. "CARRIED" ' Mayor Mutton chaired this portion of the meeting. ' CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no items considered under this section of the agenda. , UNFINISHED BUSINESS ' Addendum Resolution #GPA-513-04 Moved by Councillor Mayor Mutton, seconded by Councillor Pingle ' THAT Report PSD-138-04 be lifted from tha table; ' THAT Report PSD-138-04 and Addendum to Report PSD-138-04 be received; THAT the application for proposed Draft Plan of Subdivision 18T-89048, as amended and submitted by Semas Associates on behalf of Veltri and Son Limited (Newtonville Estates) be approved and that the Director of ' Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-138-04; THAT the application to amend Zoning By-law 84-63, be approved and that the amending by-law, as per Attachment 3 to the Addendum to PSD-138-04 be forwarded to Council for approval; , THAT a by-law to remove the "Holding (H)"symbol be forwarded to 1 Council at such time that all the conditions for the related plan of , ' 1 �' subdivision have been fulfilled; G.P. &A. Minutes - 19 - December 6, 2004 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 a copy of the Addendum to Report PSD-138-04, Report PSD-138-04 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties and any delegations be advised of Council's decision. ' "CARRIED" ' OTHER BUSINESS Request for Resolution #GPA-514-04 ' Christmas Caroling Event Moved by Councillor Schell, seconded by Councillor Foster Trulls Rd. Free ' Methodist Church THAT the correspondence dated November 26, 2004 from Debi Gunter, Office Administrator, Trolls Road Free Methodist Church be received; ' THAT the request to hold a parade "Christmas Caroling Event"on December 12, 2004 from 4:00 to 6:00 pm be approved provided the ' applicant apply for and obtain a Road Occupancy Permit; and THAT Debi Gunter, Office Administrator, Trulls Road Free Methodist ' Church be advised of Council's decision, FORTHWITH. "CARRIED" ' Council— Resolution #GPA-515-04 4 Year Term tMoved by Mayor Mutton, seconded by Councillor MacArthur WHEREAS the legislation of the Provinces of Nova Scotia, ' Newfoundland/Labrador, New Brunswick and Quebec provides for a four-year term for municipal councils; AND WHEREAS the position of municipal councillor is becoming more complicated, thereby requiring a longer learning period for new councillors; ' AND WHEREAS municipal elections are becoming increasingly expensive to administer; :� 1 � G.P. & A. Minutes - 20 - December 6, 2004 , AND WHEREAS Provincial elections are held every four years: NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington petition the Province of Ontario to amend the Municipal Elections Act to provide for a four-year term of office for ' municipal council members; THAT the four-year term not conflict with the terms of the Provincial ' members of parliament; THAT this resolution be forwarded to all municipalities within the Province of Ontario, to the Association of Municipalities of Ontario, and to the Association of Municipal Managers, Clerks and Treasurers of Ontario for endorsement; and ' THAT a copy of this resolution be forwarded to The Honourable Dalton McGuinty, Premier of Ontario, The Honourable John Gerretsen, ' Minister of Municipal Affairs and Housing and to John O'Toole, MPP. "CARRIED" , Resolution #GPA-516-04 Moved by Councillor Foster, seconded by Councillor Schell ' THAT the meeting be "closed"to allow for discussion of the legal , issues regarding Reports PSD-151-04 and PSD-163-04. "CARRIED" , West Diamond Resolution #GPA-517-04 ' Properties Inc. And Players Moved by Mayor Mutton, seconded by Councillor Robinson Business Park ' Limited THAT Report PSD-151-04 be received; THAT the application for proposed Plan of Subdivision S-C-2004-004 ' and Zoning By-law Amendment ZBA 2004-049 submitted by West Diamond Properties Inc. and Players Business Park Ltd. be referred back to staff for further processing and the preparation of a Secondary ' Plan for Brookhill Neighbourhood; and THAT all interested parties listed in Report PSD-151-04 and any ' delegation be advised of Council's decision. "AND" ti U G.P. & A. Minutes - 21 - December 6, 2004 tBrookhill THAT Report PSD-163-04 be received; Secondary ' Plan THAT staff be authorized to issue a request for proposals to prepare the Brookhill Secondary Plan; THAT the study be funded 100% by the Municipality with funds from 2004 Planning Services Consulting Budget and Development Charges Account; and THAT all interested parties listed in Report PSD-163-04 and any delegation be advised of Council's decision, FORTHWITH. "CARRIED" ADJOURNMENT Resolution #GPA-518-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 12:00 p.m. ' "CARRIED" MAYOR DEPUTY CLERK CORPORATION THE MUNICIPALITY OF F CLARINGTON 1 eaa�nguuway NOTICE OF PUBLIC MEETING ' DEVELOPMENT APPLICATION BY: PETER SAINOVSI9 ' AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990,as amended. ' APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Peter Sainovski would permit the conversion of two existing vacant buildings totalling 173 sq.m.fox retail commercial uses and construction of a 165 sq.m.commercial building ' with reduced parking,loading,and setback standards. The subject property is located 119 and 123 ring Avenue Westin Newcastle Village. tPlanning Fie Nos.: ZBA 2004-043 &SPA 2004-032 PUBLIC MEETING n to make The Municipality of Clarington will hold a public meeting to provide Interested parties the oppaAu ity ' comments, identify Issues and provide additional information relative to the proposed development The public meeting will be held on: DATE: Monday,January 10,2005 TIME: 9:30 a.m. PLACE: Council Chambers,2n4 Floor,Municipal Administrative Centre, 40 Temperance St,Bowmanville,Ontario ' ANY PERSON may attend the public meeting and/or make written or verbal representation either h support of or In opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. ' If you ca nnot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 17, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must ' register with the Clerks Department by the Wednesday noon, January 12,2005,to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendmerd, you must submit a written request to the Cleries Department 2nd Floor, 40 Temperance Street Bowmanville, Ontario Lt C 3A6. ' Additional Information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 pm. at the Planning Services Department Vd Floor, 40 Temperance Street Bowmanville, Ontario L1C 3A6, or by calling Richard Holy at(905)623-3379 extension 332 or by e-mail at rholy @munidpolity.darington.on.ca. ' APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law knendment to the ' Ontario Municipal Board does not make oral submissions at a public meeting or does not make wilten submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. ' Dated at Municipality of Clarington this 2e day of November,2004. David efrome, M.C.I.P.,R.P.P. 40 Temperance Street Director of Planning Services' Bowmanville,Ontario _a ' Municipality of Clarington L1C 3A6 r 1 KING AVENUE WEST 1 •inT 94h ° rvt�nat'teft•LLw M 'O!' E 20.12 ek qw' q ds. 3 EG , q,. • O•( eae y •R WFART Z a qe -- 1 Mp4'07'10'E to•we - 2b. 0 0 J J 1 EMILY STREET WEST Newcastle Key Map 1.. rn z z o m ZBA 2004-043 1 z IONG AVENUE WEST KING AVENUE EAST Zoning By-law Amendment zC 0 Lands Subject W �j o ru cc 1 w z EMILY ST. WEST w EMILY ST.E 1 � � E � Owner: Peter Sainovski O 7 J1 502 1 ' QiVe �r' �{ ye CORPORATION F THE fL rC l�i/`�!/■.[■!■ MUNICIPALITY OF CLARINGTON way NOTICE OF PUBLIC MEETING ' DEVELOPMENT APPLICATION BY: KYLEMORE HOMES AN APPLICATION TO AMEND THE ZONING BY-LAW AND TO AMEND A DRAFT APPROVED PLAN OF ' SUBDIVISION TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider an application for ' Zoning By-law Amendment and a proposed amendment to Draft Plan of Subdivision, under Sections 34 and 51 of the Planning Act, 1990,as amended. APPLICATION DETAILS ' The applications propose to rezone the lands and amend the draft approved plan of subdivision in order to permit the development of an additional 52 units beyond the previously approved 193 units.A total of 245 units are proposed, consisting of 223 single detached dwellings and 22 semi-detachedAink dwellings.The proposed zoning would permit reduced lot frontages, lot areas, and the minimum required interior and exterior side yard setbacks on shallow-depth ' lots. The subject property is located on Part Lot 30, Broken Front Concession, former Village of Newcastle, as shown on reverse. ' Planning File Nos.: ZBA 2004-048 and 18T-96013 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,January 10,2005 TIME: 9:30 a.m. PLACE: Council Chambers,2n°Floor,Municipal Administrative Centre, ' 40 Temperance SL,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and ' Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 17, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must ' register with the Clerk's Department by the Wednesday noon, January 12, 2005 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the proposed amendment to the Draft Approved Plan of Subdivision, or proposed Zoning By-law amendment, you must ' submit a written request to the Clerk's Department,2nd Floor,40 Temperance Street, Bowmanville,Ontario Li C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department,3'" Floor, 40 Temperance Street, Bowmanville, Ontario Lt C 3A6, or by calling Tracey ' Will at(905)623-3379 extension 326 or by e-mail at twill @municipality.clarington.on.ca APPEAL , If a person or public body that files a notice of appeal of a decision for the proposed amendment to the Draft ' Approved Plan of Subdivision or proposed Zoning By-law amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed amendment to the Draft Approved Plan of Subdivision is approved,the Ontario Municipal Board may dismiss all or part of the appeal. ' at unicipality of Clarington this 9d' day of December, 2004. av rome, M.C.I.P., R P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 503 . milli 11111111111 sons■■■■■■E■15■11- 1� Orm ■1111 �� ■■ � � ■■s1 ■ CORPORATION OF THE Q00011 NOTICE OF PUBLIIC MEETING ' DEVELOPMENT APPLICATION BY: 1477677 ONTARIO LIMITED(BAYWOOD HOMES) AN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN, DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW ' TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a.proposed Claringlon Official Plan Amendment,a proposed Zoning By-law Amendment,and a Draft Plan of Subdivision under Sections 17,34 and 51 respectively,of the Planning Act, 1990,as amended. ' APPLICATION DETAILS The proposed Clarington Official Plan Amendment, submitted by 1477677 Ontario Limited (Baywood Homes) would permit the deletion of a Neighbourhood Commercial symbol representing a 0.340 hectare commercial block ' of land. The commercial block of land is to be replaced by single detached and street townhouse dwellings. The proposed Draft Plan of Subdivision and related Zoning By-law Amendment submitted by 1477677 Ontario Limited(Baywood Homes)would perk the development of a 299 unit residential Plan of Subdivision consisting of ' 277 detached dwelling units and 22 townhouse dwelling units, a park block on 1.94 hectares of land, and related roads,all located in Lot 10,Concession 2,former Town of Bowmanville as shown on the reverse. Planning File Nos.: COPA 2004-008, 18T-9W36 AND DEV 90-074 ' 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,January 10,2005 TIME: 9:30 a.m. PLACE: Council Chambers,2nd Floor,Municipal Administrative Centre, 40 Temperance SL,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal.- The start time listed above reflects the time at which the General Purpose and ' Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 17, 2005, commending at 7:00 p.m. Should you wish to appear before Council, you must ' register with the Clerks Department by the Wednesday noon,January 5, 2005 to have your name appear in the Agenda. ' COMMENTS OR QUESTIONS If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval,unless it is determined during the review process that the Amendment is exempt from Regional approval ' For an exempt Amendment, the decision to.adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal period. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the ' Planning Services Department,30 Floor,40 Temperance Street, Bowmanville,Ontario L1C 3A6, or by calling Bob. Russell at(905)623-3379 extension 341 or by e-mail at bn sellOmunicioality clamaton on c. t If a person or public body that files a notice of appeal of a,decision for the proposed Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment and Draft Plan of Subdivision are approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 7 h.t' day of 2004. Dav rome,M.C.LP.,R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario ���gg ' Municipality of Clarington L1C 3A6 3 V i 1 1 • I • !l /Y!Y •I-11 ®.YIIR r/ V_j- 1 pi t m •Y IYI! Y I 1 YI•Y 1.4 {II n. I rY/I,r i I Z' 9i t t.Yw j I. amr-uy 1 W STREET 'E Yr IIt I,� 9 iiYMYYY H Y 11f-INJr L. m r m w1.1 y rm mmmm , nrvu ° n i I /rwurr _ _YA' STREET m _ L 1 W ~ £ W W W N N W m 1 I � � N N m m 1 IJ I I Boamlanvllle Key Map 1 ZBA 2004-042 Zoning By-law Amendment ® ® ® S-C-2004-03 1 Subdivision 2004-008 COPA 1 4. Clarington Official Plan Amendment cn Owner: Margaret Constance Puk and 1 the Estate of Robert Allen Brooking i J^ • CORPORATION OF THE MUNICIPALITY OF CLARINGTON IIJJIIIglehaewQyraw��++ NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: NORTHGLEN LAND CORP. AN APPLICATION TO AMEND THE ZONING BY-LAW 8463 ' TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment,under Sections 34 and 39 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Northglen Land Corp.would permit the development of a residential sales trailer on a temporary basis for a period of up to three(3)years. t The subject property is located on the northeast comer of Concession Road 3 and Regional Road 57, in Bowmanville, in Part Lot 14,Concession 3(see attached). ' Planning File Nos.: ZBA 2004-044 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,January 10,2005 ' TIME: 9:30 a.m. PLACE: Council Chambers,2"d Floor,Municipal Administrative Centre, 40 Temperance St.,Bowmanville,Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. ' If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, January 17'", 2005, commencing at 7:00 p.m. Should you Wish to appear before Council, you must 9 re ister with the Clerks Department by the Wednesday noon,January 12th,2005 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? ' If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerks Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6. t Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3d Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6,or by calling Brad Roberts at(905)623-3379 extension 327 or by e-mail at broberts @municipality.clarington.on.ca ' APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the M nicipality of Clarington this 3"d day of December 2004. ' vid Crome, M.C.I.P., R.P.P. 40 Temperance Street Director of Planning Services Bowmanville,Ontario Municipality of Clarington L1C 3A6 507 1 1 1 1 1 1 1 1 1 1 1 O Cam , CONCESSION ROAD-3- 1 1 + 1 Bowmai ille Key Map 1 ZBA 2004-044 Zoning By-law Amendment 1 CMCESSION 3 SPA 2004-036 Site Plan Application 1 Q J Z Owner: Northgien Land Corp. - �` 1 U' i q rin�j�/JW( /n ng t Way v REPORT _ PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 10, 2005 ' Report#: PSD-001-05 File #: ZBA 2004-043 By-law#: ' Subject: REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED SETBACK, PARKING, AND LOADING STANDARDS ' APPLICANT: PETER SAINOVSKI ' RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-001-05 be received; 2. THAT the application submitted by Martin Topolie on behalf of Peter Sainovski be referred back to Staff for further processing and the preparation of a further ' report following the receipt of all outstanding agency comments; and, 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1 Submitted by: Reviewed byo vi . Crome, M.C.LP.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer RH*CP*DC*df 20 December 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 REPORT NO.: PSD-001-05 PAGE 2 , 1.0 APPLICATION DETAILS ' 1.1 Applicant: Peter Sainovski ' 1.2 Agent: Martin Topolie I 1.3 Rezoning: To rezone the subject lands from "General Commercial Exception (C1-33) Zone" and "Urban Residential Type Two (R2) Zone" to permit the conversion of two existing vacant buildings totalling 173 sq.m. for retail commercial uses and construction of a new 165 sq.m. commercial building with reduced parking, loading, and ' setback standards. 1.4 Site Area: 0.14 hectares ' 2.0 LOCATION ' 2.1 The property under consideration includes 119 and 123 King Avenue West, located at the southeast corner of King Avenue West and Baldwin Street South in ' Newcastle Village (See Attachment 1). The site area totals 0.14 hectares (0.5 acres). The property is located within Part Lot 28, Concession 1, in the former Village of Newcastle. ' 3.0 BACKGROUND ' 3.1 On October 14, 2004, Staff received a rezoning application from Martin Topolie on behalf of Peter Sainovski to permit the conversion of two existing buildings ' totaling 173 sq.m. of commercial floor area and to allow the construction of a 165 sq.m. retail commercial building with a reduction in parking, loading, and setback standards. The applicant wishes to convert the building at 123 King Avenue West for use as a bakery and the convert the building at 119 King Avenue West as a pub/restaurant. The applicant also wishes to construct a new retail commercial building on lands that are currently designated 'street-related ' commercial', but zoned for residential use. 3.2 The two existing buildings at 119 and 123 King Avenue West are currently zoned "General Commercial Exception (C1-33) Zone". On August 30, 2004, the applicant submitted a site plan application (SPA 2004-032) for approval to convert the two existing buildings for commercial uses. After reviewing the application, Staff concluded that the land area zoned for commercial use was insufficient to permit adequate parking, loading, driveway setbacks to a residential zone, and landscaping to accommodate the conversion of the two , buildings. Discussion regarding use of additional lands owned by the applicant led to comprehensive planning of the entire land holdings to permit the 1 602 1 REPORT NO.: PSD-001-05 PAGE 3 ' development to proceed. After further discussions, the applicant retained a consultant to prepare a site plan for the entire property. ' 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The commercial portion of the property contains two existing buildings 119 and 123 King Avenue West. The entire site generally drains towards the south and towards Baldwin Street. 4.2 Surrounding Uses: East: Commercial uses North: Commercial uses West: Urban residential uses South: Urban residential uses ' 5.0 OFFICIAL PLAN POLICIES ' 5.1 The Clarington Official Plan designates the entire block bounded by King Avenue, Baldwin Street, Emily Street and Church Street, including the subject lands, as "Street-Related Commercial Area" in the Newcastle Village Main Central Area Secondary Plan. Retail, personal service, office, residential, recreational and cultural, as well as community facilities are permitted within this designation. The proposed amendment is in conformity with the Clarington Official Plan. 6.0 ZONING BY-LAW CONFORMITY 6.1 The northern half of the property, which contains the existing buildings, is zoned General Commercial Exception (C1-33) Zone". Although the zone permits commercial uses, the amount of zoned area is insufficient to accommodate proper parking and loading areas and meet other zoning by-law standards. The ' southern half of the property is zoned "Urban Residential Type Two (R2) Zone", which does not permit the proposed commercial development. In order to consider the proposed development, a rezoning application was submitted for ' consideration on the entire land holdings. ' 7.0 PUBLIC NOTICE AND SUBMISSION ' 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road frontage. Two general inquiries have been received to date. REPORT NO.: PSD-001-05 PAGE 4 ' 7.2 The public notice identified the subject property as being zoned "General 1 Commercial (Cl)" and "Urban Residential Type Two (R2)". The C1 zone on the street-related commercial designation in Newcastle Village and Bowmanville was 1 amended in June 2004 to prohibit drive-through uses. In doing so, this property was rezoned to C1-33. Although the notice identified the property as "Cl", the intent of the proposed amendment was clear and, is not impacted by this error. 1 8.0 AGENCY COMMENTS 8.1 The Clarington Emergency Services Department and Veridian Connections have no objections to the proposed development. 1 8.2 The Clarington Engineering Services Department and Clarington Building Division have no objections provided that the following conditions are fulfilled 1 through site plan approval. • All boulevard works on Baldwin Street that are undertaken by the applicant 1 prior to the Municipality's reconstruction of this street should be constructed to a temporary standard. • An underground storm sewer system for the parking area will be required. 1 Prior to the reconstruction and urbanization of Baldwin Street by the Municipality, a temporary drainage scheme may be permitted. ' • The applicant will be required to make application for property access in conjunction with this proposal. • The proposed building shall be designed with a barrier-free entrance. 8.3 Due to the limited commenting period, comments from the Durham Region Planning Department, Durham Region Public Works Department, and Ganaraska Region Conservation Authority have not been received to date. 9.0 COMMENTS 1 9.1 Staff have met with the applicant on a number of occasions to discuss the entire 1 development proposal. It was felt that in order to accommodate the conversions and new construction, a site plan for the commercially zoned property could not be considered without examining the entire proposal in a comprehensive 1 manner. This type of review will permit Staff to examine all issues, request the necessary information and documentation as required, and determine the appropriate standards that should be applied to the development. t 9.2 In order to accommodate the proposal, the applicant is seeking to have the following zoning regulations examined through this application. ' 1 4 1 REPORT NO.: PSD-001-05 PAGE 5 • The parking spaces adjacent a landscaping strip are proposed to be reduced from 5.7 metres to 5.2 metres. The excess car length would overhang into the landscaping strip. • Since the retail uses are smaller in scale, deliveries will primarily be obtained through smaller delivery trucks. Both the number and size of loading spaces are proposed to be reduced. • The southern limit of the property forms the rear property line. The applicant is proposing to reduce the rear yard from 5.0 metres to 1.83 metres to accommodate the parking are between the two sets of buildings. • Reduce the exterior side yard, to recognize the setback of the existing building. The "General Commercial (Cl) Zone" permits a front yard setback of 0 metres. Although the main entrance to the new proposed building is located in the exterior side yard, this yard effectively becomes the front yard for the building. By reducing the exterior side yard, the effective "front yard" of the new proposed building is reduced, making the building more street oriented. t 9.3 The new building is proposed to be constructed closer to existing residences, thereby buffering the parking area from adjacent residential uses. In addition, the applicant has designed the new building to maintain the residential character of the area. t10.0 CONCLUSIONS 10.1 As the purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act, and taking into consideration all of the comments received, it is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: ' Attachment 1 - Key Map ' Interested parties to be noted of Council's decision Peter Sainovski Martin Topolie Patricia Norton Barry Jones AITACHMIENT:1 KING STREET x>'za5'zot zatzm eea• s .. . .. .. a :.: . .:.......�.. :. mxoarc:.; - 03.1 t aumoox Sl01EY d m1000 WSIflO xa.u] ea n tti ea. . mromine . i xo. tte _ W7 59 eV.k, tro � m 0 LU y - Z xx Q X.P �b +` ae /. SI YsB d tee wx ' '...k➢454 �.1�� ' Newcastle Key Map N Z Z , �' N ZBA 2004-043 0[jjj °7 z KING AVENUE WEST KING AVENUE EAST Zoning By-law Amendment 5 Subject y Lands LU Z EMILY ST.,WEST EMILY ST.E. Owner: Peter Sainovski W it U � m � CIari�tgton g y REPORT PLANNING SERVICES PUBLIC MEETING 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January, 10, 2005 Report#: PSD-002-05 File #: ZBA2004-048 and 18T-96013 By-law #: Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 ZONING BY-LAW AMENDMENT ZBA2004/048 TO PERMIT 1 THE DEVELOPMENT OF 245 RESIDENTIAL UNITS APPLICANT: KYLEMORE HOMES tRECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-002-05 be received; 2. THAT the applicant be advised that the Municipality requires all new lots in former Block 163 be standard depth (minimum 33 metres); 3. THAT the applications to amend Draft Approved Plan of Subdivision 18T-96013 and Zoning By-law 84-63, submitted by Kylemore Homes to permit the development of 245 residential units be referred back for further processing and the preparation of a subsequent report; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: Davi rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW/CS/DJC/df . January 5, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANV14LE,DNTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-002-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Kylemore Homes 1.2 Agent: 1138337 Ontario Inc. (The Kaitlin Group Ltd.) 1.3 Amendment to Draft Approved Plan of Subdivision: , From: 33, 13.8 metre frontages for single detached dwelling lots; 43 lots with 23.2 metre frontages for 86 semi-detached/linked dwellings; and 37 lots with 18.0 metre frontages for 74 semi- detached/linked dwellings and 4.49 ha future development block. To: 174 lots with 13.7 metre frontages, 6 lots with 10.95 metre frontages and 43 lots with 16.8 metre frontages, all for single detached dwellings; and 11 lots with 21.9 metre frontages for 22 semi-detached/linked dwellings. 1.4 Amendment to the Zoning By-law: From: "Holding — Urban Residential Exception ((H)R1-39) Zone", "Holding — Urban Residential Exception ((H)R1-40) Zone", "Holding — Urban Residential Exception ((H)R2-10) Zone" and "Agricultural (A) Zone", to appropriate zones to permit the development of single detached dwellings on lots with 10.9, 13.7 and 16.8 metres ' frontages with reduced exterior and interior side yard setbacks. To: Permit the proposed amendment to the Draft Approved Plan of Subdivision. 1.5 Site Area: 21.52 hectares (53.175 acres) 2.0 .LOCATION 2.1 The subject lands are located west of Stilwell Lane, and east of Toronto Street, being , Part of Lot 30, Concession Broken Front in the former Village of Newcastle. 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The lands subject to the amendments are currently vacant. 3.2 Surrounding Uses North — Hydro One Corridor South — Lake Ontario East — Port of Newcastle Subdivision, Phase I ' West — Region of Durham Wilmot Creek Water Pollution Control Plant and the Samuel Wilmot Creek Nature Reserve. ' REPORT NO.: PSD-002-05 PAGE 3 4.0 BACKGROUND 4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-96013 on December 9, 1997 for Port of Newcastle Phase 11. The area subject to the amendment was approved for 33 single detached dwellings, 160 semi-detached/linked dwellings and a Block for Future Use. 4.2 On October 27, 2004 Staff received an application to amend Zoning By-law 84-63. The application to amend a portion of Draft Approved Plan of Subdivision 18T-96013 was received on November 8, 2004. Both applications were subsequently revised on November 24, and December 3, 2004. The applicant wishes to revise the draft approved 113 lots (193 units) to 142 lots (153 units). Lots for 92 single detached dwellings are also proposed on a Block that was previously identified for future use. Kaitlin Homes Ltd. intends to develop the lands within the future use block, while Kylemore Homes plans to develop the remainder of the lots subject to this application. 4.3 The following chart illustrates the differences between the Draft Approved Plan of li December 9, 1997 and the current proposal. TABLE 1 10.9 m Singles 6 13.7 m Singles 174 13.8 m Singles 33 16.8 m Singles 43 11.6 m Semi/Link 86 9.0 m Semi/Link 74 I 10.95 m Semi/link 22 Total 193 245 Future Use Block ha 4.492 N/A Net Low Residential Density units/ha 20.7 24.7 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Region Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. The predominant use of the lands within the Living Area designation shall be for housing purposes. The application conforms. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential. The lands are within the Port of Newcastle Neighbourhood, which has a population allocation of 2800 and a housing unit target of 1075. A total of 1006 units are available REPORT NO.: PSD-002-05 PAGE 4 , for Port of Newcastle Phases I and II. Phase I is complete with 258 registered units. Phase II has 65 registered units and 643 unregistered units, including those subject to this application. The registered units in Phase I and II and the Draft Approved units for the Port of Newcastle totals 966. Staff are currently processing a number of site plan applications for the medium density blocks and will review the total number of units in , accordance with the policies of the Official Plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Agricultural (A)", "Holding — Urban Residential Exception ((H)R1-39", "Holding — Urban Residential Exception ((H)R1-40)" and "Holding — Urban Residential Exception ((H)R2- 10)". A zoning by-law amendment will be required in order to implement the proposed amendment to draft approval. 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. ' Public Meeting signs were installed on Shipway Avenue and Toronto Street. 7.2 Staff received one call from a resident who inquired about the status of the Golf Course and Marina upgrades. Staff advised that applications have not been submitted for those developments. No issues with the proposal were identified. 8.0 AGENCY COMMENTS 8.1 The revised plans submitted December 3, 2004 have been circulated to a number of agencies. Given the short timeframe, comments remain outstanding from the following ' departments and agencies: • Clarington Engineering • Clarington Operations • Clarington Emergency Services • Veridian Corporation • Enbridge Gas • Durham Regional Planning Department • Durham Regional Works Department • Public School Board • Separate School Board • Rogers Cable • Ganaraska Conservation Authority • Canada Post Corporation • Bell Canada • CN Rail REPORT NO.: PSD-002-05 PAGE 5 9.0 STAFF COMMENTS 9.1 Road Infrastructure A logical completion of the road network through the lands previously approved as a future use block is proposed. The proposed extension of Toronto Street is in conformity with the alignment identified on Map B4 of the Clarington Official Plan. Toronto Street will jog to the east to accommodate a setback requirement from the Water Pollution Control Plant. The balance of the road pattern is similar to what had been previously Draft Approved. However, Milligan Street has been adjusted to provide a straight connection to Toronto Street. A slight increase in area for the Block identified as a Park Reserve has resulted in this realignment. Shipway Avenue is moved slightly north to create a better intersection with Toronto Street. 9.2 Amendments to Lot frontage and Setback requirements 9.2.1 10.9. 13.7 and 16.8 Metres Single Detached Dwellings The applicant wishes to amend a portion of the Draft Approved Plan of Subdivision to permit the development of primarily single detached dwellings. Only eleven (11) lots are proposed to maintain the original "R140" zoning which permits 2 semi-detached / link dwellings with 18.0 metres frontages. ' The proposal consists of primarily 13.7 metres single detached units with some 10.9 and 16.8 metres single detached .units. Previously, semi-detached/link dwellings on 18.0 and 23.2 metres frontages, with some 13.8 metres single detached lots were proposed. 9.2.2 Exterior Side and Interior Side Yard Setbacks jIn order to accommodate larger 'executive' style units, the applicant has proposed similar zone regulations to the existing 'R2-10' zone category which applies to part of the subject lands. This category permits a maximum lot coverage of sixty (60) percent, and permits rear yard setbacks of 5.0 metres and exterior side yard setbacks of 3.6 metres. Setbacks of 1.5 metres are permitted for porches in the front and exterior side yards and setback of 2.6 metres for unenclosed decks in the rear yard of 2.6 metres. The applicant has requested a further reduction in the exterior side yard setback from 3.6 metres to 3.0 metres to the exterior wall of the dwelling. A separation distance between dwellings, similar to what is permitted for a semi-detached/link dwelling is also proposed (eg. an interior side yard setback of 1.2 metres on one side and 0.6 metres on the other). Staff will review the appropriateness of these reduction requests. I9.2.3 Future Use Block 163 ' A total of 92 lots for single detached dwellings with 13.7 metres frontages are proposed for the lands previously approved as a future use block 163. This Block was subject to Clarington Official Plan Amendment application COPA 97-005, which has since been REPORT NO.: PSD-002-05 PAGE 6 withdrawn. That application proposed a westerly realignment of Toronto Street corresponding with the Road Allowance between lots 30 and 31. The applicant has , revised the Toronto Street alignment eliminating the need for an Official Plan amendment. A Minimum Separation Distance is required between the Wilmot Creek Water Pollution Control Plant and residential development. Staff will examine the proposed lot fabric to determine if the buffer is adequately addressed. The applicant has proposed larger lots in the vicinity of the intersection of Toronto Street and Milligan Street to accommodate the required buffer and provide adequate area for building foot prints. House sitings have been requested. In 1997 when the plan was first Draft Approved staff recommended that the future use Block be limited to a maximum of 68 dwelling units. Staff will have to examine the proposed increase in units for this Block to determine if the proposed density is appropriate and in conformity with the Official Plan targets. 9.3 Wide/Shallow Lots The freehold dwelling lots in the Port of Newcastle have been developed as ' wide/shallow lots. They were approved on the basis that a more attractive streetscape could be achieved with wider but shallower lots. For example, a link lot of 9.0 metres would be widened to 11.6 metres and allow for the garage to be incorporated into the structure and therefore less prominent. Over the past number of years, higher standards have been introduced in the Zoning By-law and Architectural Design Guidelines to reduce the prominence of garages. At the same time, the Municipality's experience with the wide/shallow concept has not been positive in many respects. The wide/shallow lots have permitted lot coverage of sixty (60) percent and the rear yard setbacks of 5.0 metres to a dwelling and 2.6 metres to an unenclosed porch. Staff have received numerous complaints from residents in the Phase I Port of Newcastle development regarding inadequate amenity area in their rear yards. Concerns have been indicated with regard to the installation of accessory structures such as swimming pools, decks and sheds. It should be noted that five (5) minor variance applications have been received for reductions in rear yard setbacks within the Phase I development. One application was withdrawn and two were reviewed by the Ontario Municipal Board. Some studies have found wide/shallow lots to be more costly to the Municipality due to long term maintenance costs for infrastructure and snow removal/garage collection for , homes of equivalent size and assessment value. As far as staff are aware, the Port of Newcastle is the largest concentration of wide/shallow lots in the Greater Toronto Area. Wide/shallow lots can fill a limited need t; 12 1 REPORT NO.: PSD-002-05 PAGE 7 for a certain housing segment (eg. providing a more attractive streetscape for a limited number of smaller lots), but should not be pursued on a subdivision-wide basis. Staff do not support any further wide/shallow lots in the Port of Newcastle and therefore recommended that the lots proposed for former Block 163 be revised to standard depth. An increase in lot depths would be difficult for the developer for the lots previously Draft approved. Sanitary sewer services have already been installed on Lakebreeze Drive for this portion of the development. 10.0 CONCLUSIONS 10.1 The purpose of this report is to satisfy the requirements under the Public Meeting under the Planning Act, and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map Amendment to Draft Approved Plan ' List of interested parties to be advised of Council's decision: ' Steve Wilton Michael Montgomery ' Kevin Whalen I i I - 613 1 1 . ■111111111111111■■■■■■■■■■��■��■■� 1� = ■11111 �� ■� = � ■■■1 1 111 �� �� ■ : . � ■■■t ■ °ii � ■ FATIK ZBA 2004-048 Zoning By-law Amendment ��i �� ♦�e� �� �ems. �� �i� Redline Revision Approved Plan of Subdivision I !. • • r Clarin��W� /n Leading the Way t/ REPORT PLANNING SERVICES ' PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE rDate: Monday, January 10, 2005 Report#: PSD-003-05 File#: COPA 2004-008 By-law#: r 18T-90036 and DEV 90-074 ' Subject: OFFICIAL PLAN AMENDMENT, REVISIONS TO PROPOSED PLAN OF SUBDIVISION AND RELATED REZONING TO PERMIT 299 RESIDENTIAL UNITS 1 APPLICANT: 1477677 ONTARIO LIMITED (BAYWOOD HOMES) rRECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-003-05 be received; 2. THAT the application to amend the Clarington Official Plan, revisions to Proposed Plan of Subdivision 18T-90036 and the application to amend Zoning By-law 84-63, submitted by r 1477677 Ontario Limited (Baywood Homes) Dwight Chizen in Trust, Margaret Constance Puk and the Estate of Robert Allen Brooking be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: a v i . Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer BR/CS/DC/lb January 5, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 t� 15 REPORT NO.: PSD-003-05 PAGE 2 ' 1.0 APPLICATION DETAILS 1.1 Owner: Dwight Chizen in Trust, Margaret Constance Puk and the Estate of , Robert Allen Brooking 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 296 unit residential Plan of Subdivision t consisting of 277 single detached dwellings on 10.5 and 12 metre frontages, 22 townhouse dwellings on 7 metre frontages, a park block on 1.94 hectares and related roads 1.5 Rezoning: From: "Agricultural (A)", "Holding.— Urban Residential Type One ((H) R1)", "Holding Urban Residential Type Three ((H) R3)' and Holding — Neighbourhood Commercial ((H) C2) to an appropriate zone to implement the proposed development. 1.6 Area: 19.32 hectare (47.74 acre) property 1.7 Location: The area subject to the proposal is located on the east side of Liberty ' Street North and north of the St. Lawrence and Hudson Railway, Lot 10, Concession 2, Former Town of Bowmanville 2.0 BACKGROUND 2.1 On October 6,2004, the Planning Services Department received a revised Proposed Plan of Subdivision (revised 18T-90036) and a revised Rezoning (revised DEV 90-074) application. 2.2 On November 24, 2004, the Planning Services Department received an application to amend the Clarington Official Plan. The Official Plan Amendment requests the removal of the Neighbourhood Commercial symbol in favour of townhouse units. 2.3 Plan of Subdivision 18T-90036 was originally submitted to the Region of Durham in 1990. The Plan of Subdivision included 18.08 hectares and proposed 296 residential units. The Neighbourhood Commercial symbol was added by amendment to the Town of Newcastle Official Plan in 1994. 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. bib REPORT NO.: PSD-003-05 PAGE 3 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. Recently, Baywood Homes were authorized by the owners of the Brooking Transport ' lands to revise the proposed Plan of Subdivision to include their lands and thereby securing a portion of the lands for the extension of Longworth Avenue. ' 2.4 Supporting Documentation 2.4.1 A number of documents to support the approval of 18T 90036 were submitted including: • Preliminary grading plan • Longworth Avenue/Liberty Street Proposed Intersection Plan ' • Phase 1 Environmental Site Assessment • On street Parking plan • A noise report The Phase 2 Environmental Site Assessment for the Brooking Transport portion of the lands is still pending. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is flat, currently vacant and has no significant environmental features. ' 3.2 The surrounding land uses are as follows: North - Vacant Land, Future Neighbourhood Park and beyond, Low and Medium ' Density Urban Residential Uses South - Low Density Urban Residential Uses East - Low Density Urban Residential Uses including a Public Elementary School West - Low Density Urban Residential Uses and Liberty Street North ' 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject properties. Public notice signs were installed at the following locations: • on the Longworth Avenue road allowance at the Liberty Street intersection • on the Swindells Street road allowance at the south edge of the subdivision • on the Street"A" road allowance at the east edge of the subdivision • on the Longworth Avenue road allowance at the east edge of the subdivision • on the Swindells Street road allowance at the north edge of the subdivision REPORT NO.: PSD-003-05 PAGE 4 ' 4.2 As a result of the public notification process, to date, the Planning Services Department ' has received two counter inquiries from residents of Scottsdale Drive, both had general questions regarding the proposal. Two residents, also from the surrounding neighbourhood, telephoned their inquiries. These inquiries were also general in nature. ' 5.0 OFFICIAL PLAN CONFORMITY , 5.1 The Durham Regional Official Plan designates the subject property as Living Area. All three applications conform. ' 5.2 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 through the middle of the subdivision. It is proposed, through the Clarington Official Plan Amendment, to delete the Neighbourhood Commercial symbol. ' 5.3 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. 6.0 ZONING BY-LAW COMPLIANCE ' 6.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle zones the subject ' property in part "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)". A zoning By-law amendment ' will be required in order to implement the proposed draft Plan of Subdivision. 7.0 AGENCY COMMENTS ' 7.1 The applications were circulated to various agencies and other departments by the Planning Services Department. The following comments have been received to date. 7.2 Clarington Emergency Services had no fire safety concerns. 7.3 The Separate School Board requested adequate provision of sidewalks throughout the subdivision. , 7.4 Bell Canada and Rogers Cable have no objections but Bell may require easements for telecommunication equipment. 7.5 Comments have not been received from the following departments and agencies: • Clarington Engineering , • Clarington Operations • Accessibility Committee ' i REPORT NO.: PSD-003-05 PAGE 5 • Durham Works • Durham Planning • Central Lake Ontario Conservation • Veridian Connections • Public School Board • French Public Board • French Separate Board ' Enbridge Gas • St. Lawrence & Hudson Rail • CMHC ' • Canada Post 8.0 STAFF COMMENTS 8.1 Neighbourhood Commercial The applicant has submitted a Clarington Official Plan Amendment to delete the Neighbourhood Commercial designation. Staff have received similar applications and ' inquires with respect to the deletion of the neighbourhood commercial areas. Some developers are concerned that small retail plazas are not viable at the present time. The Commercial Policy Review Study has been initiated to review the commercial policies in ' the Clarington Official Plan. Neighbourhood Commercial areas will be examined through the study process. 8.2 Variety of Housing The proposed Plan of Subdivision offers 277 single detached dwellings with12 metre and 10.5 metre frontages and 22 townhouses with 7 metre frontages. Staff have requested some changes to the proposed plan including the addition of 15 metres single detached dwellings to back onto the large lot homes on Liberty Street. In addition, there appears to be insufficient medium density units in the Fenwick Neighbourhood, which requires a total of 525 medium density units. The proposed Plan ' of Subdivision only proposed 22 townhouse units. Since most of the Fenwick Neighbourhood has been developed, the shortfall may be addressed in this proposed Plan. The total number of medium density units in the Fenwick Neighbourhood will required a detailed review. 8.3 Neighbourhood Park Neighbourhood Parks are to serve the recreational needs of the surrounding residents. Neighbourhood Parks are to be provided at 0.8 hectares per 1000 persons and shall be ' of a size between 1 to 3 hectares in size depending on the potential for shared school facilities. Longworth Park is located adjacent to Harold S. Longworth School. A portion of the park has been built and the balance will be, once the lands from the proposed ' Plan are dedicated. ij1 � i REPORT NO.: PSD-003-05 PAGE 6 ' 8.4 Street Pattern and Walkways The Clarington Official Plan requires subdivisions to be designed with a grid system of streets to provide for, among other things, "multiple routes and connection to neighbourhood facilities". The connectivity of the grid would be enhanced by the extension , of Street C to Longworth Avenue. The intersection of Longworth Avenue and Liberty Street will become a focal point of activity with a future commercial plaza, transit stops and St. Elizabeth Separate School. Staff proposed that Street C should be extended, as shown on ' Attachment 1, to provide better access and eliminate the need for the walkway shown as Block 283. A new walkway should be added, as shown on Attachment 1, to provide similar access for the residents of Street E. ' 9.0 CONCLUSION ' 9.1 As the purpose of this report is to give the status of the application for the public meeting, it is appropriate to have the application referred back to staff for further processing. , Attachments , Attachment 1 - Site Location Key Map and Plan of Subdivision i List of interested parties to be advised of Council's decision: i Effie Vedouras Bryce Jordan Jennifer& Don Buma Robert W. 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CRES`EM a COPA 2004-008 "EA°°WM '° � � Clarington Official Plan Amendment O U 2 P D IL $ i rc w t1t_J a Owner: Dwight Chizen (Power of Attorney), T. VANSTONE CRT pW J z CAYPL,„0 Margaret Constance Puk and the COURT STRE M,D,O„y eE NO ST. ® Estate of Robert Allen Brooking Clarington REPORT aeaaeRg me woy PLANNING SERVICES ' PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, January 10, 2005 ' Report#: PSD-004-05 File #: ZBA 2004-044 By-law #: Subject: REZONING TO PERMIT A TEMPORARY SALES TRAILER APPLICANT: NORTHGLEN LAND CORP. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PSD-004-05 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by Semas Associates on behalf of Northglen Land Corp. be APPROVED and that the by-law contained in Attachment#2 be forwarded to Council for adoption; and ' 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. ' Submitted by: Reviewed by: y � D&vkri. Crome, MCIP, R.P.P. Franklin Wu, ' Director of Planning Services Chief Administrative Officer BMR*CS*DC*df 3 January 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 f3� � REPORT NO.: PSD-004-05 PAGE 2 , 1.0 APPLICATION DETAILS 1.1 Owner. Northglen Land Corp. 1.2 Applicant/Agent: Semas Associates , 1.3 Rezoning: To rezone the subject lands from the "Agricultural Exception (A-1)" Zone to an appropriate zone to permit the construction of a temporary ' residential sales office. 1.4 Site Area: 1,738 m2 ' 1.5 Location: The area subject to the proposal is located at the northeast comer of Regional Road 57 and Concession Road 3, being 1 Part Lot 14, Concession 3, in the former Township of Darlington. 2.0 BACKGROUND t 2.1 On September 29, 2004, Walter Hugo of Sernas Associates on behalf of John Halminen of ' the Northglen Land Corp. submitted an application to rezone 0.17 hectares at the northeast comer of Regional Road 57 and Concession Road 3 to permit the construction of a 103.2 m2 temporary residential sales office. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES ' 3.1 The subject property is 29 hectares, with an abandoned farm house, and the ruins of a ' barn and silo. The area subject to rezoning is 0.17 ha, at the corner of Regional Road 57 and Concession Road 3. 3.2 The surrounding land uses are as follows: ' North - Active agricultural land ' South - Concession Road 3 and beyond, Hydro One Works Yard East - Active agricultural land, auto wrecker and rural residential West - Regional Road 57 and beyond, Draft Approved Plan of Subdivision, 18T- ' 87076, (extension of Old Scugog Estates), and Bowmanville Creek Valley. 4.0 PUBLIC NOTICE AND SUBMISSIONS ' 4.1 Public notice was given by mail to each landowner within 120 metres of the subject ' property and a public notice sign was installed on the Concession Road 3 frontage. 4.2 As a result of the public notification process, to date, the Planning Services Department , has received no inquiries about the proposed zoning change. 6 � 3 ' REPORT NO.: PSD-004-05 PAGE 3 5.0 OFFICIAL PLAN CONFORMITY 5.1 Within the Durham Regional Official Plan, the subject property is designated as Living Area. The predominant use within this designation is residential, limited Community and ' Commercial Areas are also permitted. The proposed use conforms to the Plan. 5.2 Within the Clarington Official Plan, the area subject to rezoning is designated as Local Central Area. Section 23.4.4 of the Clarington Official Plan permits temporary use by-laws subject to a number of provisions. Under the Planning Act, temporary use by-laws are required to be renewed every three (3) years. The proposed use conforms with the plan. ' 6.0 ZONING BY-LAW COMPLIANCE III ' 6.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in "Agricultural Exception (A-1)" Zone. The application does not Ili ' conform, hence, this rezoning application. 7.0 AGENCY COMMENTS 7.1 The rezoning application was circulated to various agencies and other departments by the ' Planning Services Department. Comments received to date are as follows: The Clarington Engineering Services Department had no objection to the proposal subject to the approval of a grading plan, the construction of an entrance to a specific minimum standard. The Engineering Services Department will also require a cost estimate for the entrance construction and performance guarantee. These issues will be addressed through site plan approval. 7.2 Comments remain outstanding from: Hydro One Networks Inc., Durham Regional ' Planning Department, Clarington Emergency Services Department, Clarington Operations Department, and the Accessibility Committee. 8.0 STAFF COMMENTS ' 8.1 The applicant is requesting a temporary use by-law for a temporary sales office for a Draft Approved Plan of Subdivision known as Maple Woods, located south of Concession Road 3 and east of Scugog Street. Construction is expected to commence in late winter to early spring 2005. The area subject to rezoning is designated as a Local Central Area in the Clarington Official Plan. The temporary rezoning fora sales office does not offend the policies of the Clarington Official Plan. 8.2 The applicant has applied for site plan approval. The outstanding agency comments will be addressed through the site plan review process. - 624 11 REPORT NO.: PSD-004-05 PAGE 4 , 8.3 The Finance Department advises that all taxes on the subject lands have been paid to date. 9.0 CONCLUSIONS , 9.1 Currently, no objections or concerns have been received through the public notice or agency comments. Staff does not anticipate the outstanding agency comments to affect ' the rezoning application. Given the temporary nature of the application, Staff recommend that the application to rezone the subject lands from "Agricultural Exception (A-1)" to "Agricultural Exception (A-75)" to permit the use of a Temporary Sales Office for a period ' of up to three years expiring January 10, 2008, be APPROVED. Attachments: , Attachment 1 - Site Location Key Map and Property Plan ' Attachment 2 - Proposed By-law List of interested parties to be advised of Council's decision: Wafter Hugo John Halminen , 1 ATTACHMENT kt t 1 -u aP mrurr ssaraw 1 , „ „ 1 , =;--a —t E%[LfL 6 P.KPaM - Q CONCESSION ROAD 3 p ---- ' Bowmanville Key Map Subj slte ect H ZBA 2004-044 Zoning By-law Amendment CONCESSION F MD 3 SPA 2004-036 ' o Site Plan Application K J Owner: Northglen Land Corp. O ATTACHMENT 21 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 2004-044; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the 1 Municipality of Clarington enacts as follows: , 1. Schedule 6.4 "SPECIAL EXCEPTION-AGRICULTURAL (A) ZONE" is hereby amended by,adding thereto, the following new Special Exception 6.4.75 as follows: , "6.4.75 AGRICULTURAL EXCEPTION (A-75)ZONE Notwithstanding Sections 6.1 and 6.3, those lands zoned A-75 on the Schedules ' to this By-law shall only be used for a Temporary Sales Office. For the purpose of this section, Temporary Sales Office shall mean a temporary building used exclusively by a realtor, builder, developer or contractor on a temporary basis for the sale, display and marketing of residential lots and dwellings within a draft , approved subdivision or condominium plan. Pursuant to the requirements of Section 39 of the Planning act, 1990, this use may be permitted for a period of three years,ending January 17,2008. ' 2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural Exception (A-1)" to "Agricultural Exception (A-75)" as illustrated on , the attached Schedule"A"hereto. 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 ' tj , ' This is Schedule "A" to By-law 2005- , ' passed this day of , 2005 A.D. -J ..:::�i�t'ri:iY'ip"`Vti:.'v.S:':::•:�:.-,.t+4•:,y'jy:...:.xa.:ir::.;:,r•:1: iui'i'::::i:: :.:: :• i� Via. [� '.:�::':'�a..:iii7(:Ki i� :k.�'s:'.,.,2�+:w':YAiG. •niY'i: •E�?:� ': :;SA•,'f{:3rii"::^.:ei{::s`':.t.:.y�. ,: ?...a,S:;i:✓.•, v:�'g`kE"a; .'i:yi�;ii+ i.. . •• 5r:r. ��' i5 rJr �}�v •'� +.�j+r;: '. I fyoy.�o+,.` . 'a:i :{+i is}?$% :a{+.`{ :xi.3=.4 c +::�:•'• �-�f`•`•:�5,.•ti 1 ':.�•. + iii . . � •°rfd:5 v'+` .i:':•r z:i i II :;;�...::;`°r:�Si::� ry:.-•r'..:'E:i��,r W,+�°,.::::-:x.:::i�� L.' :?i F� aR ::: 1 1 1 :?a'::i e::::?�•.:':•wii (:::•.v„�..;.yi�`.,l,;t: •:f'iiP�.�i:•n'.:fiii,M1�. •://•'�,.{ �::• I I °k::c••:c{: 'i;:'r.':i+:{::..:::�'r;i;.:rw:]*:}{x::TY''` :y...J,^: cii3-'4:c•c: II { 1 II I I p car. CONCESSION ROAD 3 OI I + ----------------------- a 01• Zoning Change From "A-1" To "A-75" John Mutton, Mayor - Patti L Barrie.. Municipal Clerk CONCESSION ROAD 3 1 L SUBJECT ' LANDS rc n ScG � w o CHR SM4 Sr.� f Z 7 0 ' seco�aRr {��Jj//f\A ' Bowmanville REPORT ce�r s y PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday January 10, 2005 Report#: PSD-005-05 File#: A2004/029, A20041057 and A2004/058 By-law #: t Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 25, 2004 ' RECOMMENDATIONS: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PSD-005-05 be received; and ' 2. THAT Council concurs with the decision of the Committee of Adjustment made on November 25, 2004 for applications A2004/029, A2004/057 and A2004/058; and that Staff be authorized to appear before the Ontario Municipal Board to defend the ' decisions of the Committee of Adjustment. Submitted by: _Reviewed by: ' David J. me, M P, R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer TW*CS*DJC*sh ' December 10, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-005-05 PAGE 2 , 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in ' Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR , NOVEMBER 25, 2004 Application Number Staff Recommendation Decision of Committee A2004/029 Approve Approved A2004/057 Approve with revision Approved with revision 1 A2004/058 Approve Approved 2.0 COMMENTS 2.1 Application A2004/058 was tabled at the November 11, 2004. The applicant requested ' a variance for the rear and side yard setbacks to an accessory structure based on measurements to the walls, rather than to the eaves, as required by the Zoning By-law. ' The applicant revised the variance, requesting a reduction in the required side yard and rear yard setbacks from 1.2 metres to 0.29 metres for an accessory structure. Staff recommended that the Committee approve a variance for a 0.6 metre reduction, ' rather than the requested 0.29 metres, in order to provide adequate room for maintenance of the structure. At the meeting, the applicant indicated that there was 0.6 , metres to the wall of the structure providing adequate room for maintenance. Based on their site inspections, the Committee members were in agreement with the applicant. The Committee decided to approve a variance to reduce the rear and interior side yard setback from 1.2 metres to 0.6 metres to the wall, and to 0.29 metres to the eaves for the existing accessory structure. ' 2.4 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the , intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any ' decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment b .i fj t ATTACHMENT 1 Leadiag the Way ' PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ROBINSON, DAVID ' OWNER: ROBINSON, THOMAS PROPERTY LOCATION: 7 GOLDPINE AV., , COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON ' FILE NO.: A2004/029 ' PURPOSE: TO REDUCE THE REAR YARD SETBACKS FROM 1.2 METRES TO 0.6 METRES 1 FOR A POOL DECK, REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.2 METRES FOR A SHED, AND REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0 METRES FOR A DECK. ' DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO REDUCE THE REAR YARD SETBACK FROM ' 1.2 METRES TO 0.6 METRES FOR AN EXISTING POOL DECK, REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.2 METRES FOR AN EXISTING SHED, AND REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 ' METRES TO 0 METRES FOR AN EXISTING DECK SUBJECT TO THE REMOVAL OF THE SKIRTING FROM THE EAST END OF THE OF THE POOL DECK; AND COMPLETION OF THE NECESSARY MODIFICATIONS IN ACCORDANCE WITH AN APPROVED BUILDING PERMIT BY MAY 31, 2005 BECAUSE IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. ' DATE OF DECISION: November 25, 2004 LAST DAY OF APPEAL: December 15, 2004 C��lIt�0I2 1 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ' APPLICANT: MACDONALD, STEPHEN , OWNER: MACDONALD, JOYCE PROPERTY LOCATION: 226 RICHFIELD SQ., , COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2004/057 ' PURPOSE: TO REDUCE THE REQUIRED SIDE YARD AND REAR YARD SETBACKS FOR AN ' ACCESSORY BUILDING FROM 1.2 METRE TO 0.29 METRES. DECISION OF COMMITTEE: , APPROVE APPLICATION A2004/057 TO REDUCE THE REAR & INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.6 M TO THE STRUCTURE AND 0.29 M TO THE EAVES FOR THE EXISTING SHED AS IT IS MINOR & DESIRABLE IN NATURE & MEETS THE INTENT OF THE OFFICIAL PLAN DATE OF DECISION: November 25, 2004 LAST DAY OF APPEAL: December 15, 2004 Leadragtlte way ' PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT ' APPLICANT: OSBORNE, JOHN OWNER: OSBORNE, JOHN PROPERTY LOCATION: 3897 CONCESSION RD 4 , CLARKE PART LOT 21, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A20041058 PURPOSE: ' TO REDUCE THE MINIMUM DISTANCE SEPARATION TO A NON-FARM RELATED RESIDENTIAL BUILDING TO AN AGRICULTURAL BUILDING HOUSING LIVESTOCK FROM 300 METRES TO 219 METRES. ' DECISION OF COMMITTEE: APPROVE TO REDUCE MDS TO A NON-FARM RELATED RESIDENTIAL BLDG TO AGRICULTURAL (HOUSING LIVESTOCK) FROM 300 M TO 219 M AS IT CONFORMS ' TO MINISTRY OF AGRI & FOODS MDS REQUIREMENTS & IT IS MINOR & DESIRABE IN NATURE & MEETS THE INTENT OF THE OP & ZBL DATE OF DECISION: November 25, 2004 LAST DAY OF APPEAL: December 15, 2004 1 1 ��I"ilt�011 Leading/he Way REPORT 1 PLANNING SERVICES 1 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 1 Date: Monday, January 10, 2005 Report #: PSD-006-05 File #:18T-95009 By-law #: 1 Subject: APPLICATION BY BAYWOOD HOMES TO AMEND A DRAFT APPROVED PLAN OF SUBDIVISION TO DELETE A SERVICE LANE FOR 10 RESIDENTIAL UNITS ABUTTING.TOWNLINE ROAD SOUTH IN THE CITY OF OSHAWA 1 RECOMMENDATIONS: 1 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-006-05 be received; 1 2. THAT the City of Oshawa be advised that the Municipality of Clarington does not support the application by Baywood Homes to remove the service lane in draft approved plan of subdivision 18T-95009; and 1 3. THAT a copy of this report be forwarded to the City of Oshawa Development Services Department and the Region of Durham Planning Department. 1 1 Submitted by Reviewed b4� P/ David J. Crome, M.C.I.P., R.P.P. Franklin Wu, 1 Director of Planning Services Chief Administrative Officer 1 BRCS/DJC/Ib December 23, 2005 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F(905)623-0830 ' - 634 REPORT NO.: PSD-006-05 PAGE 2 ' 1.0 APPLICATION DETAILS , 1.1 Owner: Baywood Homes 1.2 Applicant/Agent: Baywood Homes ' 1.3 Plan of Subdivision: Amendment to Draft Approved Plan of Subdivision to delete a ' service lane for 10 semi/link residential units, to be replaced by 10 driveways directly off Townline Road South. 1.4 Area: 4.53 hectares (11.19 acres) for the entire draft approved plan of ' subdivision. 1.5 Location: The area subject to the proposal is located west of Townline , Road South, south of Southgate Drive, north of the St. Lawrence & Hudson Railway in Lot 1, Broken Front Concession, ' City of Oshawa. 2.0 BACKGROUND ' 2.1 On November 26, 2004, the Municipality of Clarington was circulated by the City of , Oshawa to provide comments on the above proposed amendment to draft plan of subdivision. The proposed amendment would delete Condition 2 from the Conditions of Draft Approval. The plan had been draft approved September 30, 1996. ' 2.2 The applicant claims the proposed amendment is needed since the marketability of the five semi-detached lots (10 units) is open to question considering the affected properties will be subject to full property taxes and the maintenance costs of the service lane at the same time. 2.3 The applicant then stated that since the City of Oshawa has jurisdiction over the west ' side of Townline Road South and the authority to grant draft plan approval, it should delete Condition 2.The applicant requested that Oshawa's related requirements of site ' plan approval and removal of a holding symbol also be eliminated. 3.0 OFFICIAL PLAN 3.1 Townline Road is designated as a Type B arterial road in the Clarington Official Plan. It t is planned that Townline will cross the Farewell Creek, connecting Townline Road North and South and will eventually connect to Highway 401 with an interchange in the vicinity of Prestonvale Road. Type B arterials are designed to move significant volumes of ' traffic at moderate speeds. Access is generally to be limited to a minimum of 80 metres apart in Urban Areas. The applicantion does not conform. ` � � J REPORT NO.: PSD-006-05 PAGE 3 4.0 AGENCY COMMENTS 4.1 The Engineering Services Department stated Townline Road South is designated in the Official Plan, both Durham and Clarington, as a future Type B Arterial Road, and as ' such, feel that this decision is better made by the Region. 4.2 The Emergency and Fire Services Department stated it had no fire safety concerns. 5.0 STAFF COMMENTS t5.1 The introduction of the service lane concept was resolved as a means of dealing with access issues when Townline Road was reclassified from Type C arterial to a Type B arterial (see paragraph 2.2 (vi) and 2.3 of Report PD-112-96 (Attachment 2). To reverse this position would be contrary to the policies of the Durham Region Official Plan and the Clarington Official Plan. Accordingly, staff do not recommend support for the applicants proposal. ' 6.0 CONCLUSION 6.1 That the City of Oshawa be advised that Clarington does not support the proposed amendment to draft approval for draft plan of subdivision 18T-95009 as submitted by Baywood Homes. Attachments: ' Attachment 1 - Key Map and Plan of Proposed Accesses Attachment 2 - Report PD-112-96 List of interested parties to be advised of Council's decision: City of Oshawa, Department of Development Services Regional Municipality of Durham, Planning Department Robert W. (Bill) Cawker, Project Manager r ATTACHMENT 1 I m T ice/ II0i i O i l iwl , IZ � IIz 01 i y Oshawa/Courtice Key Map o GCR VIN N L 0 EEf � RWE 18T-95009 Oshawa Subdivision File O SOUT WCJ 99 ' ORW U 3 °a ° Subject W i Lands o F N K Y Owner: Baywood Homes 6 =37 , ATTACHIMENT 2 DN:iara,wo.erZHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT General Purpose and Administration Committee Meeting: File # Late: Tuesday, July 2, 1996 Res. # ( eport #: PDA 12-96 File #: 18T-95009 By-law# Subject: PROPOSED DRAFT PLAN OF SUBDIVISION APPLICANT: C & K MORTGAGE SERVICES PART LOT 1, BROKEN FRONT CONCESSION CITY OF OSHAWA FILE: 1ST-95009 Recommendations: IIt is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PDA 12-96 be received; 2. THAT the Region of Durham Planning Department and the City of Oshawa be advised that the Municipality of Clarington withdraws its objection to the draft plan of subdivision 18T-95009 submitted by C & K Mortgage Services; and 3. THAT a copy of Report PDA 12-96 be forwarded to the City of Oshawa Planning Department, the Region of Durham Planning Department and the applicant. I ' 1. BACKGROUND: 1.1 The applicant's lands are located at the southern terminus of Townline Road in tPart of Lot 1, Broken Front Concession in the City of Oshawa (see Attachment#1 to Report PD-30-96). The draft plan of subdivision proposes 42 townhouse units and 38 semi-detached units, including 10 semi-detached units with direct access to Townline Road South. 2 REPORT NO.: PD-112-96 PAGE 2 1.2 On March 11, 1996, Council adopted the recommendations of Report PD-30-96 and forwarded an objection to the above-referenced plan of subdivision in the City , of Oshawa(see Attachment#1). The Municipality's objection was based primarily on concerns that the plan of subdivision would not conform to the standards for a Type 'B' arterial road and that the Boundary Road Agreement with the City of Oshawa needed to be updated to ensure that the City would assume all costs of road reconstruction and future maintenance. These matters also related to the Ontario Municipal Board hearing on the lands in South-West Courtice, to which the City of Oshawa is a party objecting to the proposed reclassification of Townline Road. 1.3 Through the Official Plan Review, the Municipality determined the need to amend ' the classification of Townline Road (south of Bloor Street) from a Type 'C' to a Type 'B' arterial. On January 23, 1996, the consultant for C & K Mortgage Services registered an objection to the proposed reclassification of Townline Road as a Type 'B' arterial (see Attachment #2). Notwithstanding this objection, f Council adopted the new Official Plan on January 29, 1996. Council also authorized the Municipality's application to amend the Durham Region Official Plan with respect to the classification of Townline Road (ROPA 96-002). 1.4 The Region will make a decision on the Municipality's official plan amendment application concurrent with its approval of the Clarington Official Plan. This is , scheduled for September 1996. 2. PROPOSED RESOLUTION OF CONCERNS: 2.1 In an effort to resolve the Municipality's concerns, Regional staff convened several ' meetings and held discussions with various parties. As an alternative to awaiting a decision on the Municipality's Regional Plan amendment application or the Ontario Municipal Board hearing on South-West Courtice, staff provided a number ' of conditions which served as the basis for negotiations. ...3 REPORT NO.: PD-112-96 PAGE 3 2.2 These conditions have been resolved satisfactorily to staff as follows: i) Staff Report PD-30-96 requested that the Stormwater Management Implementation Report be forwarded to staff for review and approval. The City has agreed to undertake this. ii) Staff Report PD-30-96 noted concerns which may arise from potential purchasers who would object to the development of lands for industrial purposes in Clarington. Accordingly, staff requested that a ciause be included in the purchase and sale agreement to disclose future land uses in Clarington. The City of Oshawa concurred. iii) Staff Report PD-30-96 indicated that the Municipality would not participate in the reconstruction of Townline Road to serve this plan of subdivision. A condition has been written to the satisfaction of the Public Works Department with respect to the road standard for the reconstruction but the ' subject of cost-sharing will be formally incorporated into a revised Boundary Road Agreement. A letter dated June 21, 1996 from John Simmonds, Director of Engineering for the City of Oshawa outlines the understanding regarding cost sharing of future improvements (see Attachment #3). Since the future alignment of Townline Road has not been determined, it is not known how much of the reconstructed road will be incorporated into the arterial road system. However, only if and when the Municipality receives a benefit from this portion of the road would the Municipality be obligated to share in the costs of this road reconstruction work. iv) Staff requested that a 5 metre road widening be imposed on the plan of subdivision to allow for the future widening to a Type 'B' arterial road standard. Staff subsequently agreed to a 3 metre road widening in light 4 REPORT NO.: PD-112-96 PAGE 4 , of the lack of a defined alignment for the future diversion of Townline Road , into the Employment Area and the proponents' proposal for a service lane easement (see Section 2.3 below). V) Staff requested that the proponent withdraw its objection to the Clarington Official Plan and the Municipality's application ROPA 96-002 to amend the Regional Official Plan regarding the classification of Townline Road. Ms. ' D'Alessandro on behalf of the proponent has conditionally withdrawn her objection provided the Municipality withdraws its objection to the plan of subdivision (see Attachment #4). vi) Staff requested that the City of Oshawa staff indicate their willingness to , recommend that the City of Oshawa withdraw their objection to the Type 'B' designation for Townline Road. Staff subsequently withdrew this request in light of the provision of the front service lane/easement. Nevertheless, a letter received from the City of Oshawa Public Works , Department on June 24, 1996, indicated that based on technical information provided by the Municipality, 'the proposal to reclassify Townline Road as a Type 'B' arterial is reasonable, justifiable and can be supported by this Department'. This position is subject to Oshawa ' Council's confirmation. 2.3 During the discussions, the applicant proposed a service lane/easement with two access points at Lots 5 and 9. The service lane would limit the number of , accesses to Townline Road to a total of three (3) thereby meeting the Regional Official Plan spacing requirement of 80 metres. This proposal is acceptable to staff. The City of Oshawa passed a resolution on June 17, 1996 indicating its support. , 5 b `� � REPORT NO.: PD-112-96 PAGE 5 3. CONCLUSION: In light of the above, the plan of subdivision complies with the spacing criteria of ' the Regional Official Plan for Type 'B' arterial roads and therefore would not be prejudicial in the event that the City of Oshawa continues to object to the ' designation in the Clarington Official Plan. The costs of upgrading the road to a collector road standard would reside with the City of Oshawa. In the event that the road provided some benefit to Clarington residents or businesses at a future ' point in time, the boundary road agreement, to be negotiated in the near future, would contain provisions regarding the Municipality's responsibilities for cost ' sharing. ' Accordingly, it is recommended that the Municipality withdraw its objection to the draft plan of subdivision. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., W. H. Stockwell Director of Planning Chief Administrative and Development Officer DC*FW*Ilp 25 June 1996 ' Attachment #1 - Planning Department Report PD-30-96 Attachment #2 - Letter of Objection from AVD Planning & Development Consulting ' Attachment #3 - Letter from City of Oshawa on Approval Condition Attachment #4 - Objection Withdrawal Letter from AVD Planning & ' Development Consulting Attachment *1 1 IXJ:CdKMORT.GP ATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, March 4, 1996 Res. # Report #: PD-30-96 File #: 18T-95009 By-law # Subject: PROPOSED DRAFT PLAN OF SUBDIVISION C. & K. MORTGAGE SERVICES PART LOT 1, BROKEN FRONT CONCESSION, CITY OF OSHAWA FILE: 18T-95009 Recommendations: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-30-96 be received; 2. THAT the City of Oshawa and the Region of Durham be advised that the ' Municipality of Clarington objects to the approval of the application for Draft Plan of Subdivision 18T-95009 submitted by C & K Mortgage Services Inc.; 3. THAT a copy of this report be forwarded to the City of Oshawa and Region of ' Durham Planning Departments; and, 4. THAT the interested parties listed in this report and any delegation be advised ' of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: C & K Mortgage Services Inc. ' 1.2 Agent: AVID Planning & Development Consulting Limited , 1.3 Draft Plan of Subdivision: To permit the development of 38 semi- detached units, 42 townhouse units, a ' .parkette, and a stormwater management facility. , 1,4 Site Area: 4.53 hectares (11.19 acres) 6 REPORT NO.: PD-30-96 PAGE 2 2. LOCATION 2.1 The subject lands are located within the southern portion of Oshawa. The property consists of Part Lot 1, Broken Front Concession in the City of Oshawa. The property consists of a 4.53 ha (11.19 ac) parcel on the west side of Townline Road. 3. BACKGROUND 3.1 On March 24, 1995, the Municipality was requested to provide comments on this Draft Plan of Subdivision application. Staff have delayed responding on this application until such time as the designation of Townline Road was confirmed through the consideration of the Clarington Official Plan. ' 3.2 The property represents a small, triangular residential site bordered by Townline Road to the east, C.P. Railway tracks and.Highway 401 to the west, ' and existing residential development to the north. The proposal would extend Southport Drive through the property from Southgate Drive at the north to Townline Road. The townhouse units are proposed on the west side of Southport Drive while the semi-detached units front onto the eastern side of Southport Drive and Townline Road. A parkette is located at the northem end of the proposal while a stormwater management facility is located at the southern tip of the property. 3.3 The property was subject to a previous application for a non-profit, co- operative housing development consisting of 49 apartment units in a 3.4 storey building and 115 townhouse units. Although the City of Oshawa Planning Department recommended approval, both the City of Oshawa and Durham L' Regional Councils denied the proposal and the application was referred to the Ontario Municipal Board. The appeal was dismissed on the basis-that the site was too remote from services such as transit, schools, parks, retail areas, and medical/dental clinics for an assisted housing project. The Board also felt that the high noise levels from the nearby two railway tracks and Highway 401 644 REPORT NO.: PD-30-96 PAGE 3 would be more suitable to a development in which the buyer was aware of the ' situation through warning clauses. As a result, a revised application has been submitted. ' 4. AGENCY COMMENTS 4.1 The application was circulated to the Public Works Department for review. The following comments have been received for consideration: , • The Neighbourhood Plan for Southwest Courtice indicates that West ' Townline Road is being considered as a future Type B arterial road. The draft plan of subdivision proposes lots fronting onto Townline Road , which would not be permitted under a Type B designation. The status of Townline Road should be finalized and the plan revised to eliminate , access onto Townline Road. • A stormwater management report must be submitted to the Public , Works Department for review and comment prior to draft approval. The ' report must address the manner in which drainage from the site will be handled, the stormwater management works required to service the development, and ensure that no municipal or private lands are affected. • Development of this plan of subdivision will necessitate the ' reconstruction of Townline Road from Southgate Drive to the southerly ' limit of the development, including the installation of sidewalk and street lighting. As the reconstruction works are not required by the , Municipality, the City of Oshawa should assume and accept all costs for the reconstruction and future maintenance of Townline Road. The ' Boundary Road agreement between the City and the Municipality should be amended to reflect these provisions. ' REPORT NO.: PD-30-96 PAGE 4 Until these issues have been addressed, the Public Works Department ' considers the proposal to be premature. 5. STAFF COMMENTS 5.1 The Durham Region Official Plan designates Townline Road south of Bloor Street as a Type C arterial. Direct access is permitted on Type C arterial roads. The draft plan of subdivision proposes 10 lots that would access ' directly onto Townline Road South. ' 5.2 The Clarington Official Plan, as adopted by Council on January 29, 1996, designates Townline Road south of Bloor Street as a Type B arterial. In addition, the Municipality has requested that the Region amend its Official Plan ' accordingly. Regional policies do not permit lots with frontage on and direct access to a Type B arterial road. The draft plan of subdivision does not ' conform with the Clarington Official Plan and the Municipality's application to amend the Durham Region Official Plan. 5.3 It is noted that the issue of the designation of Townline Road is a matter which ' will be considered by the Ontario Municipal Board at the hearing related to . various applications in southwest Courtice. The Municipality has requested the Region to refer a portion of the Clarington Official Plan to be consolidated with that hearing, including the designation of Townline Road. Until this matter is ' resolved, the draft plan of subdivision should not be approved or should be redesigned to eliminate lots with direct frontage on Townline Road. 5.4 The Boundary Road agreement between the City of Oshawa and the Municipality of Clarington should be updated to reflect changing circumstances in both Municipalities. At a recent meeting with respect to the southwest ' Courtice OMB hearing, Public Works officials from both municipalities agreed to initiate discussions on this matter. Until there is an agreement with respect E_' 9T NO.: PD-30-96 PAGE 5 to the road widening, reconstruction, and future maintenance, the approval of , this draft plan of subdivision is premature. .5 It is noted that a portion of the proposed plan of subdivision is adjacent to Prestige Employment lands in the Municipality of Clarington. It is important , that potential buyers be aware of the land use designations in Clarington to avoid future misunderstandings or potential objections to industrial , development in Clarington. Accordingly, it is recommended that at such time that draft approval may be considered, a condition of approval would require ' the subdivision agreement to contain a clause requiring the vendor to post a , plan showing future land uses in the Municipality of Clarington. CONCLUSIONS , c.1 Based on the discussion in this report, it is apparent that the application is ' premature until various issues have been resolved and that the draft plan of subdivision is redesigned. It is recommended that the Municipality register an ' OBJECTION to this proposal with the City of Oshawa and the Durham Region Planning Departments. , lespectfully submitted, Reviewed by, , Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell Director of Planning Chief Administrative ' and.Development Officer RH*FW*df , Attachment #1 - Key Map of �ment #2 - Draft Plan of Subdivision ' rebruary 1996 617 ATTACHMENT #1 LOT 35 LOT 34 LOT 33 LOT 32 N Z N W Z QBLOOR STREET LLJI GRANDMEW S DRk v � SDDRIVE C� IL QP.R. II BASEUNE ROAD 7 T HIGHWAY 401 ® SUBJECT SITE KEY MAP FOR 18T-95009 iii^•\�> ATTACHMENT #2 , rE RIW — I - - C V. RE D. •�\Q'O PLAN1 111 F y�•�•M !'(I' �.LI07 zr Ztl J \� /� I j.� ;�„ ./'�. `11<00 0� .6•'• ��r.wxpp�7��cxr �[!� T I O ` � IIlam 0 w \�\ \�\ �y 9�i`.� � tea: / •.\.'�'�=`�`$`�', �°=Y o kp \D+ ' yL `I•` PROPOSED LAND USES DESCWTK*CS N M .nta(A.)\q�\ \ \ 91- of 4IDOlaaL p3:e iD+aa1a11S6 \ wi n I m i:aas \\ ZO iAlli ma -wmc u( + bn«•) \\\\ \\\ \ - -.vm Mt,. ��+e I• \ i•+bu^"+wr. z0 .,..; slaw•Axn NMIAmIaT-wan . ae+ \\\\ \ \ ! \ \ -Ni 10e Ra NOOwIO-wnDl se "TIU •Rote Dame Am a port a+.un. MINIMUM LOT DIMENSIONS : a \ \ \ \. \ •: t I: sae\MI IW Oowawws)_+w N UT Na:A a 's2� \ \ \ �\ \ t •.I� I , lase rmNTAa: (rotq s. 1.. WTX r�iNNr, - xMLV ADDITIONAL INFORMATION AS REOt1REO PURSVMIT TO SECTION 51 OF THE \ \ \- PUNNNO ACT•. \ \ \ \ q n xwm N calsaTAnoN wm nc \ \ \ \ / \ e)Tles MTlEro115 TIIE ApNtewrs am xwDpx3 a \\\\` `/ \ N. _ IRNL[6CPm WN N Nrs NDMIY. � \ q aasnlD aIm a Morwlo wan: IamDlavt. N)rRaposm.Am wsnn NwaOPN.wA1ObuMa \ � \ )mat q ATM oj�&L10�IW�GWtaK 11�WCS wAI GM / Q M1Rara[Ca 1Nf Dill fglY�q 11EfAN:1M ODWIMIS — , Nrl .rm Attachment *2 PLANNING & DEVELOPMENT CONSULTING LTD. ' JAM 16 I I Zs QM '96 ' January 23, 1996 ' VIA TELECOPIER & MAII. Ms. Patti L. Barrie, A.M.C.T. Clerk Municipality of Clarington 40 Temperance Street ' Bowmanville, Ontario L1C 3A6 Dear Ms. Barrie: RE: Clarington Official Plan AVD Planning & Development Consulting Ltd. represents C & R Mortgage Services Inc. and ' Aldana Properties Inc., owners of property on the west side of Townline Road, in the City of Oshawa ' (see attached locational plan). In March, 1995, we submitted on behalf of our clients a proposed draft plan of subdivision (18T-95009) which conforms with both the City of Oshawa Official Plan and the Region of Durham Official Plan. Your proposed new official plan and the proposed South-west Courtice Neighbourhood Plan propose that Townline Road be re-classified from a Type C to a Type B road. This proposal does not conform to the Region of Durham Official Plan nor the City of Oshawa Official ' Plana Until such a time that the appropriate studies have been completed to justify such a redesignation, showing it in your official plan is premature. ' In addition to the foregoing, any such reclassification seriously affects the viability of my client's development plans. As such, please accept this letter as our objection to the proposed reclassification of Townline �• Road to Type B. We respectfully request that Council not approve the reclassification of Townline Road to Type B. /...2 3800 STEELES AVE. WEST., SUITE 202W, WOODBRIDGE. ONTARIO L4L 4139, TEL: (905) 850.2040, FAX: (905) 850.2041 650 1 2 We trust the foregoing to be satisfactory at this time however, should you require additional , information or clarification on any of the above-noted information, please do not hesitate to contact me. Yours very truly, ' AVD PLANNING & DEVELOPMENT CONSULTING LTD. A.0 Anna V. D'Alessandro Principal , attach. CC. C & K Mortgage Services Inc. t Aldana Properties Inc, City of Oshawa Region of Durham r 3800 STEELES AVE.W., SUITE 202W,WOODBRIDGE, ONT. L4L 4G9, TEL.: (905) 850-2040, FAX: (905) 850-2041 SI.T ,fUN a '$6 09�15RM'1)URI-PM PL"MG DEPT•9PR i PUBLIC WORKS DEPT. + ' W02124 2 Attachment #3 5_ ashawa pp��artareM of Amuod Myklebost,a A.Sc.,P.Eng. 50 Centre Street South Prrbl[c Works Servhw Commisslona Oshawa,Olitarlo, Lt H 327 —Tel(905) 725.7351 „_Fax(905)436-5694 FAX 623.9282 AND MAIL —� UU14 p1 • / --„ Mr. T. Cannella, Manager cf Engineering — d r��`f -• - Municipality of Clarinown ' 40 Temperance Street Bowmenville, Ontario L7 C 3A6 ' REGIONAL DRAFT PLAN CONDMON-TOWNLINE ROAD SUBDIVISION 18T-96008 (AVD SUBDMAION AGREFMENTl. OUR FILE. S0288.1 AND 134700.94018 This is further to our recent telephone conversation of June 21, 1986 regarding finalizing'the Regional clause regarding draft plan approval for the above subdivision.. ' It was agreed that the Iasi two sentences of this clause, starting at"no Costs...' would be deleted. The essence of the clause remains, In that the City will reconstruct Townlins Road to the standard referenced In the 1978 Boundary Road Agreement. ' Our next step, as both Boundary Road Agreements have expired, Is to enter into a new one which wig address Townline Road from its southerly limit to hs•northedy limit.. As discussed, should any section of Townline Road, including•this one, not be used by Clarington, than the costs of reconttruoting the ' road would remain with the City of Oshawa, and there would be no reimbursement from the Municipality of Chuington.' This situation could happen, for Instance if, the south and of Townline Road became a dead and and ' was no longer required as part of the arterial system shown on the Regional Official Plan,end there was consequently no Ink to any development an Clarington's side. I trust that this letter provides you with aufrwlent comfort and that we will be able to enter Into ' negotiations to conclude a new boundary road agreement that will follow the general principles of the previous Boundary rloed Agreements. To this end, we could get together after my holidays in the first two weeks of July and mart the proceedings. ' Should you have any questions, please feel free to give me a call at 725-7351 extension 260. J. mends. P. Erg. Director of Engineering i ' Copy: A. DeFaria-Reglon of Durham (fax 436.6612) T. Hodains P. Ralph A. Mykiaboat MUDms.t TjCiN 12 '96 02:46FM DURHAM PLANNING DEF-'YuN Timo:14:2232 P.2%19 2 01 a ' 06/'12/96 13:54 '$416 650 3041 2002 ' Attachment #4 ' AYD PLANNING & DEVELOPMENT CONSULTING LTD;, , June 12, 1996 ' VIA XSALIM + ,y ��/FMkr. k6K Sob Fes. ' 7. MS. A= Deftna @ A� twat O aug 1 Durham oa.Plmmiug Deparaneut �� 1675 E uitdas 51~ H., 4th Floor ' . nik .Ch Fn: Y.t 9NOW Lang•Tower, West Building t -......_. ' P.O. Boos. 623 Whitby, Ontario LIN 6A3 Dear Ms. Deyaria: ' RD Application forDmA.Plan of Subdivision. C &:S Mortgage,Services Inc. (Aldan Propates Inc.) ' --- Part of Lot 1, B�Froat Concession. City of Oshawa, Region of Drnfi2m ale'Nos._ 1ST-0009 and 51649 Furtber to our telephone conversation this is to confirm that my clients' i mmzt and oWecbon to the reolauftad=of Towallae Road to.a Type Sw arterial road applies only insofar as it , 2fCects its Iands located in the City of Oshawa and which Iands leave frontage oa Townline Road. This is also to serve as confirmation that we'withdraw our objection to the reelassfflca*rna'bf Towniine.Road from a Type "C" to a Type OW shwa mad. subject to tho;Municlpaldy of CJar aa'withdrawiing its objection to my crIenVs draft plan of subdi sin. Finally., this is also to cwaSrm that my*oHwts have agreed to restrict diiect:&CC= onto Townline'Rosd••to two (2) locations, in compliance wlth,the proposed Type,a ar=w road. , The generd location of these accessen will be at Lots 5 and 9, and a ser lieJaccess wsemeat will be crested across the front of the re Uzi g lots to faaliiate ingum and egress fbr these properties. It Should be understood however,, that the agreed to redriiflons a* chose , again couintionsl•apon the Mmsidpality of©air &A-w0drawing Its'objec;dons to nip • —cTientus draft plan-of svb&vhIon. C-- 2 , 3800 SMUS Nt WER, SAME 2MW, WOODBRDM ON01RfO Lot. 4rA TEL: (805) BSO.M FW (BA 850,2841 ' 653 7JUI4 12 'gp 02:47P l DURHAM PLANNING DEPTV" nms:14:VAI P.2%310aei3 faY12/96 13:Sd '8'418. 450 2041 X000 _2_ I tract the foregoing to be sarisFaciory However, shoidd you.reqmfte additional infciiii. ?fir.or cIafia-4ipn,:piea-M 80 riot hcdtwa to CWi(2d me _ Yours w4ty 1ly,. ;&VD PLAriINMG 4'DEVE;LOF11ffi1 r . GONSLJLfii11TG LIM ;:: Anna V. WAlessaadm ' ca &&Mortgages ..- .= :• _ _ _ • . . . Aldas3a.Prnp�'tfes Ltd_ • . _ . . . . . Ada Ralph;pshaard'Planning , - - w.' zozw . 000 u�aE9:xn_cso R�� �nxc esa2o4t El00 S[�i.o AVE .&Ul7E ..1y aRWGE,ONt; S7 t90W Ca � Clarin n Leading[he Way _.REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, January 10, 2005 Report#: PSD-007-05 File #: PLN 33.13 By-law #: ' Subject: NUCLEAR WASTE MANAGEMENT ORGANIZATION — COMMENTS ON SECOND DISCUSSION DOCUMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-007-05 be received; ' 2. THAT Staff Report PSD-007-05 be adopted as the Municipality of Clarington's comments on the Nuclear Waste Management Organization's Second Discussion Document, Understanding the Choices; and 3. THAT a copy of this Report and Council's resolution be forwarded to the Nuclear Waste Management Organization, the Region of Durham, and the member ' municipalities of the Canadian Association of Nuclear Host Communities, FORTHWITH. / c ' bmitted by: Reviewed by: - ' avid J. Cro e, M.C.LP.,R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer ' JAS/FL/DJC/lb 17 December 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830 REPORT NO.: PSD-007-05 PAGE 2 1.0 BACKGROUND , 1.1 Over the past 30 years, 1.7 million used fuel bundles have been created at Canada's , licensed commercial nuclear reactors, with an additional 85,000 bundles being created each year. It is currently anticipated that the 22 existing nuclear reactors (20 of which are located in Ontario) will generate a total of 3.6 million used fuel bundles ' over their expected operating lives. The Darlington Nuclear Generating Station, with four reactors, currently has approximately 240,000 used fuel bundles stored on site. 1.2 In the 1970s, an expert panel engaged by the federal government concluded that ' deep burial in the stable rocks of the Canadian Shield was the best method for managing used nuclear fuel. Atomic Energy of Canada Limited (AECL) was given ' responsibility for researching and developing a method based on this concept, which came to be known as the "AECL concept". The Atomic Energy Control Board (Canada's nuclear regulator at the time) subsequently confirmed deep geologic disposal as the preferred approach for managing Canada's used nuclear fuel waste. 1.3 In the late 1980s, an Environmental Assessment Panel, chaired by Blair Seaborn, t extensively reviewed the AECL concept. The Seaborn Panel Report, produced in 1998, drew four key conclusions from its review: • Broad public support is necessary to ensure the acceptance of a concept for managing nuclear fuel waste; • Safety is a key part, but only one part of acceptability. Safety must be viewed , from both technical and social perspectives; • From a technical perspective, the safety of the AECL concept has been ' adequately demonstrated for a conceptual stage of development, but not from a social perspective; t • The AECL concept has not been shown to have broad public support. t 1.4 The Government of Canada responded to the Seaborn Panel Report in 2002 with the enactment of the Nuclear Fuel Waste Act. This Act led to the creation of the Nuclear 1 Waste Management Organization (NWMO) which was directed to investigate approaches for the long term management of Canada's used nuclear fuel and to submit a recommended approach and implementation plan to the Government by t November 15, 2005. The Act requires the NWMO to consider, at a minimum, the following three approaches: • Extended storage at reactor sites ' • Centralized storage ' • Deep geological disposal in the Canadian Shield, based on the AECL concept. b REPORT NO.: PSD-007-05 PAGE 3 The Act also introduced requirements for the producers of the used nuclear fuel to set aside sufficient funds to ensure the availability of adequate resources for managing the waste over the long term. 1.5 The NWMO's Mission Statement is "....to develop collaboratively with Canadians a management approach for the long-term care of Canada's used nuclear fuel that is ' socially acceptable, technically sound, environmentally responsible and economically feasible. " In order to fulfill its mission, the NWMO has embarked on an extensive consultation and study process that includes the release of the following documents: t • Discussion Document 1 Asking the Right Questions (November 2003) ' • Discussion Document 2 Understanding the Choices (September 2004) • Draft Study Report: To be released in early 2005 Final Study Report: To be submitted to the Government of Canada by November 15, 2005. ' The NWMO has also released numerous background papers on various issues related to the long term management of used nuclear fuel, such as ethical ' considerations and management approaches being considered in other countries. 1.6 The purpose of this staff report is give an overview of the first two Discussion Documents, and to provide the Municipality's comments on the second Discussion Document. The NWMO has requested that comments be submitted by the end of December 2004. As such, this report has already been forwarded to the NWMO as 1 the Municipality's preliminary comments, to be confirmed by Council. 1.7 As well, the Canadian Association of Nuclear Host Communities (CANHC), of which ' Clarington is a member, has received funding from the NWMO to permit CANHC to retain a peer review consultant to assist its member municipalities in their review of the second Discussion Document. The main body of the report prepared by the consulting firm Acres/Sargent & Lundy, the peer review consultant retained by CANHC, forms Attachment 1 to this report. A full copy of the report is available for ' review in the Planning Services Department. 2.0 OVERVIEW OF FIRST DISCUSSION DOCUMENT—ASKING THE RIGHT QUESTIONS 2.1 This document was released in November 2003 and provided a broad discussion on various issues related to the long term management of used nuclear fuel. It also presented ten questions that outline the NWMO's initial thoughts about an analytical framework for assessing the different management approaches. These questions, as ' summarized below and presented in full on Attachment 2, were divided into five categories: � I 6 j ° I REPORT NO.: PSD-007-05 PAGE 4 ' i • Over-arching Aspects - Institutions and Governance, Engagement and Participation in Decision-Making; Aboriginal Values; Ethical Considerations; Synthesis and Continuous Learning) • Social Aspects - Human Health, Safety and Well-Being; Security • Environmental Aspects - Environmental Integrity ' i • Economic Aspects - Economic viability • Technical Aspects - Technical Adequacy. ' The NWMO, as reflected in the title of this document, requested Canadian's comments ' on whether these were the right questions to guide the study of the management approaches. 2.2 The document also provided preliminary background information on a number Of possible management approaches, including the three defined by the Nuclear Fuel ' Waste Act, which are described in more detail in Section 3.3. of this report. Other methods receiving international attention include reprocessing (applying chemical processes to recover and recycle fissionable isotopes), partitioning (isolating different , products after the used nuclear fuel is reprocessed), and transmutation (transforming some radioactive components into non-radioactive components using nuclear reactions). However, there are technical difficulties associated with each method and none of them has reached a stage where they could be considered as a practical alternative for the long term management of used nuclear fuel waste. II 3.0 OVERVIEW OF SECOND DISCUSSION DOCUMENT- UNDERSTANDING THE CHOICES ' 3.1 Results of Discussions with Canadians 3.1.1 In the second document, the NWMO advises that Canadians have indicated that the ten questions presented in the first document capture the key issues and considerations that should be addressed in the study. They also indicated that the ' NWMO's study should focus on the three management approaches defined in the Nuclear Fuel Waste Act — extended reactor site storage, centralized storage, and deep geological disposal in the Canadian Shield. 3.1.2 However, the NWMO was also asked to study a number of issues in more detail prior to completing any assessment of management approaches, including: ' • The hazard posed by used nuclear fuel to human health and the environment • The risk posed by transportation of used nuclear fuel ' • What "social acceptability" or"public confidence" will entail ' REPORT NO.: PSD-007-05 PAGE 5 • How the assessment is affected by the volume of used nuclear fuel that ultimately needs to be managed ' • Opportunities to reuse or recycle used nuclear fuel • Opportunities to site a deep disposal repository in geologic media other than as required by the Nuclear Fuel Waste Act. 3.2 Development of an Assessment Framework 3.2.1 The NWMO assembled a multi-disciplinary Assessment Team and requested them to translate the ten questions presented in the first discussion document into a framework for assessing the management approaches. As a result of this exercise, the following eight specific objectives were developed: • Fairness - Distribution of costs, benefits and responsibilities within this generation and across generations; public involvement in key decisions ' • Public Health and Safety — No exposure to hazardous materials during transportation or site operations • Worker Health and Safety — No undue risks to workers employed to implement management approach • Community Well Being — Affect on the host community, those in the surrounding region, and along transportation routes ' • Security— Maintaining security of facilities, materials and infrastructure over a very long period of time • Environmental Integrity — Protection from localized or widespread environmental damage from chronic or unexpected releases of radioactivity; impacts associated ' with related infrastructure • Economic Viability — Availability of funding now and in the future; cost must be ' reasonable • Adaptability — Able to accommodate changing knowledge and unforeseen ' circumstances; provide flexibility to future generations ' 3.2.2 The following Value and Ethical considerations are embedded in these eight objectives: • Safety from Harm — Human health and the natural environment must be protected, now and in the future ' • Responsibility— Deal with the problems that we have created 1 REPORT NO.: PSD-007-05 PAGE 6 • Adaptability— Build in capacity to respond to new knowledge ' • Stewardship — Use resources with care; leave sound legacy for future generations , • Accountability & Transparency—To rebuild trust in government and industry • Knowledge —To inform people and develop necessary technical expertise • Inclusion — Broad public engagement , • Respect— For all forms of life, for future generations, and for people and cultures ' • Justice —Across groups, regions, and generations • Fairness —To everyone affected, especially minorities and marginalized groups • Sensitivity—To different values and interpretations. 3.3 Preliminary Assessment of Management Approaches ' 3.3.1 The NWMO's Assessment Team used the assessment framework to undertake a preliminary analysis of the three management approaches defined in the !Nuclear Fuel ' Waste Act. A summary of the major advantages and disadvantages of each approach is also provided by Attachment 3. Extended Storage at Reactor Sites 3.3.2 This approach would involve the expansion of existing dry storage facilities or the ' establishment of new long term storage facilities at each of the seven existing reactor sites in Canada. Both surface and below-surface design options are possible, and would allow for the safe retrieval of the waste. The storage facilities would eventually ' need to be replaced (300 years was assumed). Preliminary cost estimate suggest that this approach would cost $17.6 - $25.7 billion for the first 300 year cycle, with the present value impact of the first repeat cycle being $2.3 - $4.4 billion. On-site ' storage would require on-going maintenance and monitoring for very long periods of time. 3.3.3 The most significant advantage of this approach is that no transportation of the used , nuclear fuel would be required. The appropriate technical expertise would be available in the existing communities and the facilities could be easily monitored. , 3.3.4 The key disadvantage of extended storage at reactor sites is the need for continuing administrative controls and operations, including funding, for the thousands of years that the fuel would remain hazardous. A number of the storage facilities would be located in proximity to important bodies of water and would continue well past the , shutdown of the nuclear reactors. REPORT NO.: PSD-007-05 PAGE 7 ' Centralized Storage ' 3.3.5 This option would involve creating new long term dry storage facilities at one site in Canada. For assessment purposes. it was assumed that the centralized storage facility would be a stand-alone facility located on an undeveloped site. Technologies ' available include storage of the waste containers in surface buildings or vaults, in shallow trenches or in rock caverns, and would allow for the waste to be retrieved. The used nuclear fuel would need to be transported from the existing storage sites to ' the new centralized facility. The first fuel shipments would occur approximately 30 years after a decision to implement this option and would continue over another 25 to 40 years. It is estimated that this approach for one 300 year cycle, including ' transportation costs, would be $15.7 - $20 billion, with the present value impact of the first repeat cycle being $3.1 - $3.8 billion. A centralized storage facility would require on-going maintenance and monitoring for very long periods of time. 3.3.6 Centralized storage has a number of advantages over on-site storage. The site would be selected solely on its attributes for the long term storage of used nuclear fuel, and security and monitoring would be centralized rather than spread over several sites. 3.3.7 Centralized storage is similar to on-site storage in that long term administrative, operational and funding arrangements would be required. Transportation of the used nuclear fuel to the site would also be required with its attendant risks and costs. Deep Geological Disposal 3.3.8 This concept, as developed by AECL, would involve the encapsulation of used nuclear fuel in long lived engineered containers placed and sealed within excavated rooms in a naturally occurring geological formation 500 — 1000 metres below ground. For assessment purposes, it was assumed that the repository would be located on a remote undeveloped site on the Canadian Shield. The first fuel bundles would be transported approximately 30 years after a government decision to implement this approach, and would continue for a further 25 — 40 years. The repository would eventually be backfilled and sealed and decommissioned after a period of extended monitoring (70 years was assumed). Preliminary cost estimates suggest this ' approach would cost $16.2 billion, including transportation, with the present value cost being approximately$6.2 billion. 3.3.9 The key advantage of deep geological disposal is that the necessity for long term institutional and operations controls and funding surety could be significantly reduced or eliminated. The site could be selected for its specific geologic and hydrologic attributes that, in combination with engineered features such as long lived waste packages and material buffers, could effectively isolate the used nuclear fuel from people and the environment for the very long time periods required. 3.3.10 Unlike on-site storage and centralized storage, there is no national or international experience with the deep geological disposal of used nuclear fuel waste. The emplacement of the waste deep in the ground and the eventual backfilling and REPORT NO.: PSD-007-05 PAGE 8 closure of the facility would make monitoring and retrieval of the waste more difficult. ' As with centralized storage, transportation of the used nuclear fuel waste would be required. , 3.4 Questions Posed by the NWMO 3.4.1 The NWMO has requested comments on the second Discussion Document and has , posed three sets of questions, as follows: • Is the assessment framework comprehensive and balanced? Are there gaps , and, if so, what does the NWMO need to add? • What are your thoughts on the strengths and weaknesses of each management , approach: deep geological disposal; centralized storage; and reactor site storage? • Are the specific elements that you feel must be built into an implementation plan? What are your thoughts on what a phased approach must include? The Municipality's comments on these specific questions are provided in Section 4 below. 4.0 COMMENTS ON QUESTIONS ASKED BY THE NWMO , 4.1 Is the assessment framework comprehensive and balanced? 4.1.1 The CANHC peer review team has reviewed the process used by the NWMO to derive the proposed assessment framework and has generally found it to be comprehensive, reasonable and appropriate. Staff concurs with this opinion and ' notes in particular that Safety from Harm for humans and the natural environment, now and in the future, should remain as an over-arching requirement in the assessment framework. , 4.2 Are there gaps in the assessment framework and, if so, what does the NWMO need to add? Social Acceptability 4.2.1 The NWMO's has indicated its intention to develop a management approach that is "socially acceptable". However, social acceptability is not specifically identified as an objective or a value or ethical consideration within the assessment framework. The NWMO should either add social acceptability to the assessment framework as a value or ethical consideration or explain how it is to be addressed in the assessment framework. , 4.2.2 Given the highly contentious nature of nuclear energy and the management of nuclear fuel waste, it is unlikely that a high degree of concurrence regarding a , management approach will be achieved among Canadians. This will be particularly REPORT NO.: PSD-007-05 PAGE 9 ' true in communities that will be impacted by the implementation of the management approach, including those that currently host nuclear facilities, those along transportation routes, and the community where any new management facility will be located. The different socio-economic and demographic characteristics of these communities could make it difficult to develop a universal definition of social acceptability. The NWMO will therefore need to determine what is considered to be ' "socially acceptable" in both the broader Canadian context and in a community- specific context. Selection of a Host Community 4.2.3 The NWMO has indicated its preference is to find a willing host community for the ' nuclear waste management facility. The fallback position if no willing host community comes forward (although not specifically acknowledged by the NWMO) is to impose a solution and unilaterally identify a host community. However, for a ' number of reasons including political climate and community resistance, neither of these solutions may be feasible. In such a situation, the used fuel would remain stored at the reactor sites, including the Darlington NGS, and the existing nuclear ' host communities would become by default the host communities for the used fuel waste facilities. It is therefore imperative that the NWMO's assessment framework must recognize political and social realities and address the ability of each of the ' management approaches to be implemented. Contingency Planning 4.2.4 The NWMO Assessment Team noted that it will be necessary to ensure that contingency plans are known and available should they be required, at least for the period in which active management of the waste is needed to ensure safety. However, it is not clear from the review of Discussion Document 2 and the NWMO's background papers whether the feasibility and availability of contingency plans for ' each of the management approaches have been incorporated into the assessment framework. Relative Importance of Objectives 4.2.5 The original ten questions and the current eight objectives are characterized by ' Discussion Document 2 as all having equal importance. However, the NWMO's Assessment Team, in undertaking the preliminary assessment of the management approaches, used different weights to explore trade-offs between the different objectives, such as: ' • Security vs. Accessibility • Remote location vs. Minimal handling and transportation of waste Assume responsibility today vs. Provide flexibility for future generations • Making a decision vs. Managing uncertainty. The Assessment Team noted that changing the weighting used in the assessment provided a sensitivity analysis that indicated whether different weightings affected the REPORT NO.: PSD-007-05 PAGE 10 ' ranking of the various management approaches. The CANHC peer review team , indicated in their comments that this type of sensitivity analysis is important and necessary to fully evaluate the different approaches and to confirm that the assessment framework is balanced. Fatal Flaws 4.2.6 The NWMO's Assessment Team's report presents the results of their analysis in the form of composite scores, but does not seem to consider fatal flaws (i.e. an issue or problem that would exclude a particular option from further consideration). For example, the composite scores of the on-site storage options beyond 175 years for the objectives of Public Health and Safety and Security both include a score of zero in , their ranges. This indicates that at least some on the Assessment Team may have considered these options to not be viable in the longer term. However, without a consideration of fatal flaws, this would only have the effect of broadening the range of i scores as opposed to initiating a more significant assessment of these options. ' Visibility of Waste ' 4.2.7 There is a conflict between the desire of some stakeholders to "keep an eye on the waste" vs. the scientific community's general preference for deep geological disposal. Reactor site storage (or, to a more limited extent, centralized storage) keeps the issue ' and societal costs of nuclear waste more visible. This perspective would not necessarily be addressed by a technically focused comparative analysis and could , significantly affect the current host communities due to its bias towards reactor site storage. 4.2.8 The NWMO study should ensure (1) that the conflicting desires of some stakeholders , to keep the issue of used fuel visible versus the scientific community's general preference for deep geological disposal are given proper weight, (2) that the technical , details of the selected management approach address this issue, and (3) that broader social values and motives (such as keeping used fuel disposal highly visible in order to highlight the issue)are considered. Retrievability 4.2.9 The NWMO's assessment of the three management approaches assumes that, with ' reactor site storage and centralized storage, the waste will be repackaged and therefore be retrievable. However, the assessment of the deep geological repository ' concept does not explicitly identify the assumption that the waste will either be repackaged or retrieved. The base assumption for deep geological disposal, instead, is that the facility will be decommissioned after a certain period of operations and , monitoring. This approach requires that the used fuel containers be retrievable during the pre-closure phase, but it does not address retrievability after the facility has been decommissioned. The design concept includes backfilling around the spent fuel ■ disposal containers, which would hinder the ability to retrieve the spent fuel if ■ required. The issue of retrievability should be more fully addressed by the NWMO as it develops a more detailed comparative analyses. REPORT NO.: PSD-007-05 PAGE 11 4.2.9 In summary, staff agree with the opinion of the CANHC peer review team that it is difficult to determine how balanced the NWMO assessment framework is without a more thorough consideration of such issues as political climate, contingency planning, relative weightings, fatal flaws and retrievability within the framework. This detail is important so that it will be possible in future work undertaken by the NWMO to ' confirm and evaluate the overall balance of the assessment framework. 4.3 What are your thoughts on the strengths and weaknesses of each management ' approach: deep geological disposal; centralized storage; and reactor site storage? General Comments 4.3.1 Any changes to the weightings of the different objectives and corresponding factors used in the on-going comparative assessment process will affect the relative strengths and weaknesses of each management approach. As the comparative analysis process continues, it will be necessary to assess the effect of changes to individual weightings on the ranking of each management approach. 4.3.2 There appears to be a discrepancy in the advantages and limitations relative to the objective for Adaptability. The ability to monitor performance and flexibility to adapt to changing conditions was noted as being a relative advantage for at-reactor storage, but was not mentioned for centralized storage. These same factors should be listed as an advantage for centralized storage. In addition, Adaptability was noted as being a limitation for deep geological disposal, which is consistent with its technical details. However, the deep geological disposal approach had the same or higher performance value score compared to the other approaches in the analysis of Adaptability. This discrepancy should be clarified or otherwise resolved as the comparative analysis process continues. 4.3.3 The relative strengths and weaknesses of the different management approaches as discussed in Discussion Document 2 do not provide an indication of how they might be ' affected by potential technical changes. There is no sensitivity analysis of what would happen if there were significant changes in cost or design parameters as basic design assumptions are validated during the detailed design stage for the selected approach (eg. change in the volume of spent nuclear fuel requiring disposal). It may be an advantage if one of the approaches was shown to be less sensitive to potential design changes. Therefore, the sensitivity analyses conducted as part of the NWMO's ' ongoing comparative analysis process should consider changes in key technical assumptions. 1 4.3.4 The NWMO's discussion of the strengths and weaknesses of the three management approaches does not appear to include a comparative assessment of the risks ' associated with each approach. Comparative risks include both technical risks (such as the impact of postulated accidents) and financial risks (such as changes in the assumed discount rates used in the financial models). An approach may have a relative strength (or weakness) if it can accommodate these types of risks better (or (b E3 J REPORT NO.: PSD-007-05 PAGE 12 worse) than the other approaches. This issue should be considered during the ongoing , detailed comparative assessments that the NWMO is currently performing. 4.3.5 The assessment framework considers the impact of the management approaches on new host communities; however, the NWMO does not appear to have analyzed the impact of the separate management approaches on the current host ' communities. It would seem appropriate to ensure that the current host communities are afforded the same considerations and potential benefits as new host communities within the ongoing assessment process. This would be , especially appropriate if a decision relative to which management approach to use is not made, or if the decision cannot be implemented, so that the current host communities become the storage communities by default. , Comments on Deep Geological Disposal 4.3.6 The site selection process for deep geological disposal does not note limitations associated with establishing the geological suitability of potential sites. A good example of this is the experience with Yucca Mountain in Nevada, which has been selected by the American government for the geological disposal of its high level nuclear waste. Despite many years of research, scientists have not yet been able to fully characterize the geological conditions at the site and the probability and effects of , major seismic events on the operation and integrity of the repository. This lack of certainty has resulted in significant delays and cost overruns in the implementation of the Yucca Mountain project. , Comments on Reactor Site Storage 4.3.7 It will take approximately one million years for the level of radioactivity of the used nuclear fuel to decay to that of natural Uranium. Given this time frame and the inevitable expansion of urban development in the vicinity of the existing reactor sites in , Ontario, plus their location adjacent to important bodies of water, reactor site storage is clearly not a viable alternative for the long term management of the waste. 4.4. Are there specific elements that you feel must be built into an Implementation Plan? 4.4.1 Many of the problems and delays in the implementation of major projects with significant environmental implications stem from the failure to correctly identify all the required permits and permit application requirements associated with a given project. , Siting and approvals is a significant phase of each of the management approaches and the overall management of spent fuel in Canada is politically complicated. The NWMO should ensure that the implementation plans developed for the separate management , approaches include comprehensive and specific permitting schedules that define which permits are required, when they are required, how long it takes to apply for and obtain them, and who has to make the application. Possible conflicts or uncertainties ' regarding the legal jurisdiction of different government agencies should be identified. 4.4.2 Problems and delays can also stem from determined opposition from one or more , stakeholders (such as environmental groups or elected officials) when the EA and ._ t3 t3 i3 REPORT NO.: PSD-007-05 PAGE 13 ' applications are reviewed. Technical issues (engineering, conceptual designs, etc.) or costs are frequently not the critical parameters that determine a project's success or failure. Involving key stakeholders early in the project sometimes can eliminate ' determined opposition by allowing concerns to be addressed in the basic project design. Focused discussions with these stakeholders may provide valuable information for the NWMO's implementation plans in terms of identifying potential ' opposition, assessing the primary concerns of potential opponents, and developing mitigation measures to address these concerns. 4.4.3 The Implementation Plans for either Centralized Storage or Deep Geological Disposal must be sufficiently flexible to allow them to adapt to changing circumstances. Both of these approaches will require the identification of a host community and the Implementation Plans must address the possibility that a willing host cannot be found or that an apparent willing host withdraws its concurrence partially through the project implementation. The Implementation Plans must also anticipate the possibility that future governments may be unwilling to implement the management approach recommended by the NWMO. 4.4.4 The NWMO's recommendation to the Government of Canada in November 2005 will not specify a community or an economic region in which the long term management approach should be implemented. Rather, the NWMO will focus on developing characteristics that would be appropriate in choosing the specific economic regions for deep geological disposal and centralized storage approaches. The NWMO should however also ensure that the implementation plans for these two management approaches anticipate the speck issues and considerations that may be associated with the economic region and community that are eventually identified to host the waste management facility. 4.4.5 As the implementation plans are developed, the resulting details could affect the comparative assessments of the different management approaches performed up to that point. Accordingly, the NWMO should ensure that the comparative assessments are updated and re-evaluated as required to be consistent with the planned implementation details. 4.5 What are your thoughts on what a phased approach to implementation must include? 4.5.1 There are many apparent advantages to a staged approach to implementation. Adaptability would be enhanced by enabling new technical developments (such as improvements in design and operational requirements) to be incorporated into the management approach. A phased implementation would also enable emerging options ' that have been screened out to date (such as partitioning and transmutation) to be monitored. ' 4.5.2 However, staff concur with the opinion of the CANHC peer review team that a phased approach also has the potential to negatively affect the overall effective implementation of the project. For example, a phased approach could produce cost overruns and schedule delays resulting from changes in the design of key components in an attempt to incorporate ongoing technical developments. There is also potential for the project trv `! REPORT NO.: PSD-007-05 PAGE 14 scope to increase, which could increase the project's overall schedule and cost, based on additional analyses to evaluate new alternatives. To avoid these difficulties, the NWMO should ensure that the overall project implementation plans include key project milestones where "go — no go" decisions are made, as well as points where designs are finalized, or "frozen," to enable the project to proceed with minimal potential for design changes. 4.5.3 To be able to capitalize on new technical or other advances, the design parameters , associated with the selected management approach should be developed and selected to maximize overall system flexibility. For example, instead of designing a centralized storage facility for the entire planned inventory of used nuclear fuel during the initial phase of the project, it may be beneficial to perform the design in phases. The design for the later phases would then be able to incorporate the latest information and technology available at that time with minimal impact on the implementation timeline for the first phase. 4.5.4 The selection of either the Centralized Storage approach or the Deep Geological Disposal approach will require the used nuclear fuel waste to remain stored at the existing reactor sites for an extended period — a minimum of 30 to 55 years for ' Centralized Storage, and a minimum of 40 to 70 years for Deep Geological Disposal. These time periods could be increased if implementation is delayed. It is therefore , imperative that the implementation plans for both of these approaches recognize the extended periods that the used fuel waste will remain at the existing reactor sites and the possibility that the waste will remain longer than anticipated. 5.0 COMMENTS ON THE NWMO PROCESS 5.1 The NWMO's engagement activities were designed to establish an informed dialogue with many diverse communities of interest, including the Canadian public at large, ' business interests and non-governmental organizations. However, these engagement activities have not been designed to, nor have they achieved, consultation with nuclear awareness groups or environmental groups. Although these groups may have a focus or an agenda that runs counter to the NWMO's stated purpose, the NWMO should specifically solicit their input. In addition, or alternatively, the NWMO should develop an assessment of the positions of these groups, the influence they may exert on the process, the impact this influence could have on the recommended management approach, and what can be done to gain their input or otherwise address their positions. 5.2 The NWMO has undertaken specific consultation with the existing nuclear host communities and has provided funding to enable CANHC to retain the professional , advice of a peer review consultant. Nevertheless, in both Clarington and Pickering, there has been very little interest or participation from among the broader community in the NWMO's process. Recent public information and discussion events held by the NWMO in both communities were very poorly attended. It is unclear whether this poor attendance is a product of lack of interest within the community or poor advertising by the NWMO, or a combination of both. Nevertheless, the NWMO needs to make a , more concerted effort to engage the citizens of the existing nuclear host communities. b € Zi ' III ' REPORT NO.: PSD-007-05 PAGE 15 This could include interviews with the local media to ensure coverage in local newspapers and television. ' 5.3 The extent of the NWMO's consultation program is constrained by the necessity of making a recommendation to the Government of Canada on a preferred management approach by November 15, 2005 as imposed by the Nuclear Fuel Waste Act. In order ' to fulfill its mandate to develop an approach for the long term management of Canada's used nuclear fuel that is "socially acceptable, technically sound, environmentally responsible and economically feasible the NWMO must address an enormous number of complex technical, social, environmental and economic issues. The volume and complexity of this information is simply beyond the ability of the average citizen to absorb, making meaningful dialogue with the NWMO somewhat difficult. It is not clear ' whether the NWMO will be able to achieve the desired level of public consensus and social acceptability that will enable an approach for the long term management of Canada's used nuclear fuel to be successfully identified and implemented. 6.0 CONCLUSIONS 6.1 The current NWMO process is intended to identify and recommend a waste management approach for Canada's high level nuclear waste. The process to identify a host community will be initiated once the Government of Canada accepts the NWMO's recommendation on a management approach. Based on past experience with the Siting Task Force, which was unable to find a willing host for the Port Hope area wastes, the Municipality of Clarington has significant concerns that the used nuclear fuel will remain for an indefinite period at the existing reactor sites. The NWMO needs to give more credence to this scenario in its assessment process and make a more concerted effort to engage a variety of stakeholders in the existing nuclear host communities. Attachments: Attachment 1 - Extract from Peer Review Report—Acres/Sargent & Lundy Attachment 2 - Ten Questions from First Discussion Document Attachment 3 - Summary of Key Advantages and Disadvantages of Management Approaches Interested parties to be advised of Council and Committee's decision: tElizabeth Dowdeswell Mayor Ann Aikens Nuclear Waste Management Town of Deep River The Regional Municipality of Durham Mayor Len Simpson Town of Pinawa Mayor David Ryan City of Pickering Mayor Maurice Richard Laville de Becancour Mayor Glenn Sutton Municipality of Kincardine ' ATTACHMENT 1 1 Nuclear Waste Management Organization Independent Peer Review of NWMO Discussion Document 2, "Understanding the Choices" 1 Prepared for ' Canadian Association of Nuclear Host Communities SL-008414 December 2004 811 1 Acres=S&L 55 East Monroe Street Chicago, IL 60603-5780 USA ' PSD-007-05 - Att hM t I _ V Y V Pmjmt 11769-D IO SL-008414 , Acres-S&L Final ACRONYMS AND ABBREVIATIONS , Term Definition or Clarification ' AECL Atomic Energy of Canada Limited ASL Acres-Sargent&Lundy , CANDU Canada Deuterium Uranium CANHC Canadian Association of Nuclear Host Communities , CEAA Canadian Environmental Assessment Act CNSC Canadian Nuclear Safety Commission CRL Chalk River Laboratories DGR Deep geological repository(facility) EA Environmental Assessment NFWA Nuclear Fuel Waste Act ' NPV Net present value NWMO Nuclear Waste Management Organization , RFP Request for proposal , SAR Safety analysis report esn-007-05 - Attachment 1/121304 t5 ,( Project 11769-010 _ 11 SL-008414 Acres-S&L Final 1. INTRODUCTION Acres-Sargent & Lundy (ASL) was engaged by the Canadian Association of Nuclear Host Communities (CANHC) to assist in its evaluation of Canada's Nuclear Waste Management Organization (NWMO) process ' for the future management of Canada's used nuclear fuel. Specifically, CANHC requested ASL's assistance by reviewing NWMO's Discussion Document 2: "Understanding the Choices: The Future Management of Canada's Used Nuclear Fuel."This report summarizes our review of Discussion Document 2 for CANHC. The purpose of Discussion Document 2 is to share the NWMO's recent work and thoughts about the long-term ' management of used nuclear fuel in Canada. The document provides information "important for a public dialogue about the relative merits of the different waste management approaches." Our review will address the following questions asked by the NWMO in the discussion document as a means to seek continued public involvement: • Is the assessment framework comprehensive and balanced? Are there gaps, and if so, what should be added to the assessment framework? • What are our thoughts on the strengths and weaknesses of each management approach: deep geological disposal, centralized storage,and reactor site storage? ' • Are there specific elements that we believe must be built into an implementation plan? What are our thoughts on what a phased approach must include? These questions were supplemented by questions asked by CANHC during the performance of our review. This Independent Peer Review is organized into several sections. Section 2 of this report provides a summary of ' the results of our review and includes a table of the key issues we identified and the corresponding recommendations we developed. Section 3 discusses the methodology and approach we used to perform our review. Section 4 provides a detailed discussion of the key issues and questions related to Discussion Document 2. Section 5 includes background information related to CANHC, the NWMO, and the overall study that the NWMO is to develop its recommended management approach. ' hl addition, several appendixes are included to provide references and general information related to our independent peer review. Appendix A contains correspondence and administrative information related to our engagement to perform the independent peer review, including CANHC's Request for Proposal, ASL's ' proposal, minutes from the interview/kick-off teleconference, CANHC's authorizing ASL to perform the ' P5D-007-05 - Au 1 01 1/121304 _ )) Project 11769-010 U � 4 p SL SL-008414 , Acres'$&L Final 1 review, and contact information for ASL's key personnel. Appendix B includes several NWMO fact sheets that provide more background information about Canadian used nuclear fuel issues. To facilitate accessing NWMO information on the Internet related to Discussion Document 2 and our review, Appendix C includes a copy of , the site map for NWMO's web site and Appendix D includes a table of web links. Appendix E provides a listing of the background papers developed by NWMO related to their study. In order to provide a comprehensive overview of Discussion Document 2, Appendix F includes Discussion Document 2's Executive Summary. Appendix G includes summaries developed by the Joint Waste Owner's to provide an overview of the three main management approaches. , Last page of Section 1. PSD-007-05 - At imrent 1/121304 -- ') Project 11769-010 a 2_1 ' SL-008414 Acres-S&L Final 2. EXECUTIVE SUMMARY 2.1 OVERVIEW The NWMO was established under the Nuclear Fuel Waste Act (NFWA) to investigate approaches for ' managing Canada's used nuclear fuel. The Nuclear Fuel Waste Act requires the NWMO to recommend a preferred management approach to the Government of Canada by November 15, 2005. The NWMO will then ' implement the approach chosen by the Government. In order to provide an overview of used nuclear fuel and related issues in Canada, Appendix B contains nine fact sheets developed by the NWMO that address topics ' such as the NWMO organization, what is "used nuclear fuel,"the Canadian nuclear regulatory framework, and the NWMO study process, among others.As noted in the NWMO's Fact Sheet 9, "The NWMO Study Process," the NWMO has committed to "develop collaboratively with Canadians a management approach that is socially acceptable, technically sound, environmentally responsible, and economically feasible." ' The NFWA requires that the following three main management approaches must be studied: deep geological disposal, storage at nuclear reactor sites, and centralized storage. Other methods may also be considered. To undertake the study, the NWMO has "adopted an iterative study process, undertaken in phases to allow information, analyses, and thinking to be considered in a staged manner" Discussion Document 2 was ' developed and issued as part of this iterative and open process to summarize the progress so far and the next steps the NWMO is taking to arrive at its recommended management approach. ASL performed a broad review of Discussion Document 2 with the overall objective of identifying questions that are not currently being asked by either the NWMO or others reviewing the NWMO's process. The intent of the review was to identify key issues and areas that we recommend CANHC focus on as NWMO continues in their process. 2.2 RESULTS ' Discussion Document 2 is a high level document that contains a broad summary of the NWMO's activities since Discussion Document 1 was issued. As a summary document, it contains a significant number of ' references to other NWMO documents that address the topics and issues related to developing the recommendation for which management approach the Canadian government should use. These references are generally located on the NWMO web site. Appendix C provides the current site map of NWMO's web site for PSD-007-05 - AMchmem 1/121304 -- f 3 Project 11769-010 22 SL-008414 , 6lg.. Wntly Acres-S&L Frnal reference. Appendix D contains a reference table developed by ASL in its review of Discussion Document 2 , that lists the web sites referenced in the document along with the related files posted on the web. The current assessment framework is derived from the original ten questions discussed in NWMO's Discussion , Document 1, "Asking the Right Questions," and consists of eight objective and associated guiding principles and influences. The framework was developed by a multi-disciplinary Assessment Team assembled by the , NWMO to develop a comparative analysis of alternate approaches. The NWMO's Assessment Team based their work on the ten questions posed in Discussion Document I and on the NWMO's engagement with , Canadians and ongoing research and analysis activities. The eight objectives of the NWMO's current assessment framework are as follows: , • Fairness ' • Public Health and Safety • Worker Health and Safety ' • Community Well-Being • Security , • Environmental Integrity • Economic Viability ' • Adaptability Based on the updated framework, the NWMO Assessment Team performed a comparative analysis of the three , main management approaches by systematically comparing the approaches against the objectives using a multi- attribute utility analysis. The NWMO Assessment Team's report was issued in June 2004 and forms a significant basis for the information presented in Discussion Document 2. The NWMO has performed significant engagement activities and actively solicited a wide range of input on its ' work. The NWMO's engagement activities were designed to establish an informed dialogue with a wide range , of stakeholders, ranging from the Canadian public at large to governments, business interests, and interested individuals. ' The NWMO has developed conceptual designs, cost estimates, transportation requirements, and preliminary project timelines for each of the main management approaches; these can be accessed on NWMO's web site as , PSD-007-05 - Amchment 1/121304 _ �5 ` J Pmjnt 11769-010 2-3 SL-008414 Acres-S&L Final noted in Appendix D. The conceptual designs and cost estimates are intended to provide sufficient detail to confirm the engineering feasibility of the management approaches to support the current phase of the NWMO's study, which is appropriate. The NWMO has arranged for independent reviews of these technical evaluations. The NWMO noted in Discussion Document 2 that these third-parry reviews concluded that the designs are reasonable and feasible, that the cost estimates have been prepared in accordance with appropriate estimating methodology, and that the technical information as a whole is suitable for the options review and directional decision-making requirements of the NWMO. Based on the conceptual designs and cost estimates, the Assessment Team analyzed each of the three main ' management approaches within the current assessment framework. The resulting relative strengths and weaknesses of each approach is summarized in Figure E-1 (starting on page 7) in Discussion Document 2's Executive Summary (provided in Appendix F of this report to facilitate reference). The relative strengths and weaknesses are discussed in more detail in Section 4.3.2 below. The Assessment Team's report notes that the overall management of spent fuel in Canada is politically complicated. Under the Canadian constitution, energy policies and land management that involve the ' production of spent fuel are responsibilities of the provincial governments, while management of radioactive materials is the responsibility of the federal government. Discussion Document 2 notes that the NWMO will be ' focusing on implementation plans as their study moves forward and that implementation is a critical part of making a recommendation. The NWMO notes that the development of implementation plans will include, at a Iminimum, consideration of the following elements: • Oversight and monitoring systems • Ongoing societal involvement • Institutional design, including human resource capacity • Ownership and liability • Dispute management ' • Principles to guide site selection; and • Education and information programs. ' The NFWA states that the selected management approach will be implemented by the NWMO"subject to all of the necessary regulatory approvals." Discussion Document 2 contains implementation timelines for each of the ' PSD-007-05 - A=hmnf l/121304 -- '� Project 11769-010 1NIBfA 2-4 SL-008414 ' A - cres SBc� Final three main management approaches. Siting and approval for each of the approaches is a critical element of each , of the timelines. The NWMO has started to assess the regulatory framework within which the selected approach will be implemented. ' 2.3 KEY ISSUES AND RECOMMENDATIONS ASL identified several issues and corresponding recommendations during its independent peer review as , summarized in the table below. The detailed results and discussion of these issues is presented in Section 4. Table 2-1 — Issue and Recommendation Summary ffl'F °.e...°°`� OR w�" , Assessment Framework Although the Assessment Team's report provides alternate , weightings of the different overall objectives, it does not provide the weightings for the specific influence variables associated with each objective. As a result,ASL cannot ' determine how balanced the assessment framework is. The Assessment Team report notes that a practical strategy for implementing an overall management approach must The NWMO should provide explanations of , take the political climate into account, and that this factor is how political climate, contingency planning, outside the scope of the Team's assessment. fatal flaws,and relative importance of the objectives and specific influence variables , The Assessment Team notes that"The assessment were considered, so that it is possible in suggests it will be necessary to ensure . . .that contingency future work to confirm and evaluate the plans are known and available should they be required, at overall balance of the assessment least for the period in which active management of the framework. waste is needed to ensure safety." The Assessment Team's report presents the results of their analysis in the form of composite scores, and does not ' seem to consider fatal flaws (that is, an issue or problem that would exclude a particular option from further consideration). The NW MO should specifically solicit input , The NWMO has not systematically engaged with groups from groups that focus and represent public that focus and represent public opinion, such as nuclear opinion. In addition, or alternatively, the , awareness groups or environmental groups. These groups NW MO should develop an assessment of the positions of these groups, the influence may have specific agendas that may be counter to the NWMO's ultimate objective to implement a management they may exert o the process, the impact approach once the Canadian government makes a decision this influence could d have on the , based on the NWMO's recommendation. recommended management approach, and what can be done to gain their input or otherwise address their positions. ' PSD-007-05 - Anchnmt 1/121304 ._ 6 if a� Project 11769-010 , 2-5 SL-008414 Aa u. Acres-S&L Final The NW MO study should ensure(1)that the conflicting desires of some stakeholders 1 There is a conflict between the desire of some stakeholders to keep the issue of used fuel visible versus to"keep an eye on the waste" versus the scientific the scientific community's general community's general preference for deep geological preference for deep geological disposal are disposal. For example, a reactor site storage (or, to a more given proper weight, (2)that the technical limited extent, centralized storage) keeps the issue and details of the selected management societal costs of nuclear waste more visible, and so approach address this issue, and (3)that provides an impetus for reducing the generation of this type broader social values and motives (such as of waste. A comparison was made to trash along the side of keeping used fuel disposal highly visible in a road: if disposed in a landfill and out of sight,there is less order to highlight the issue)are considered. of a constant reminder of the overall costs associated with creating the trash.This perspective would not necessarily As part of the engagement process,the ' be addressed by a technically focused comparative analysis NWMO should consider establishing focus and could significantly affect the current host communities groups to identify specific concerns that due to its bias towards reactor site storage. people may have with "keeping an eye on the waste" (i.e., technical or social)to ' support fully addressing this issue. The used nuclear fuel is retrievable in the two storage ' approaches, but by design is not retrievable in the deep The NW MO should more fully address the geological disposal approach after the site is issue of retrievability as it develops more decommissioned. Discussion Document 2 does not fully detailed comparative analyses. address this issue, nor is it fully addressed in the ' Assessment Team's report, "Assessing the Choices." Management Approaches ' Any changes to the weighting of the different objectives and Potential changes in the relative strengths corresponding factors used in the ongoing comparative and weaknesses should be reviewed as the assessment process will affect the relative strengths and comparative analysis process continues. weaknesses. ' The site selection process for deep geological disposal Consideration should be given to the effect does not include as a limitation the challenges associated associated with confirming the technical ' with establishing the geological suitability of potential sites. suitability of potential sites (such as This issue is an ongoing concern in the United States with schedule delays and cost impacts). the Yucca Mountain project. ' There appears to be a discrepancy in the advantages and limitations relative to the objective for Adaptability. For example, Adaptability was noted as being a weakness of This discrepancy should be clarified or deep geological disposal. However,the deep geological otherwise resolved as the comparative ' disposal approach had the same or higher performance analysis process continues. value score compared to the other approaches in the analysis of Adaptability. ' PSD-007-05 - Anechn t 11121304 Pmjmt 11769-010 U n U Fail SL j1 SL-008414 , .w Acres-S&L Final 7ssua'°' i a � I'. 12ecfltxtfhentl�a� .-.: I� �t:: r The sensitivity analyses conducted as part of the NWMO's ongoing comparative , The relative strengths and weaknesses of the different analysis process should consider changes management approaches as discussed in Discussion in key technical assumptions. (It should be Document 2 do not provide an indication of how they might noted that the Assessment Team's be affected by potential technical changes. sensitivity analysis addresses broader ' changes in future conditions; this recommendation is intended to apply at 'Social effects on communities and siting issues are not more of a technical design level.) mentioned in the limitations for reactor site storage even though the current host communities were not selected The ongoing comparative analysis should , based on their suitability for extended storage. The analysis specifically assess the overall impact of the notes technical limitations for at-reactor storage (such as selected management approach on the proximity to large bodies of water), but does not note any current host communities to ensure that social disadvantages. they are afforded the same considerations ' and potential benefits as new host Discussion Document 2 does not discretely analyze the communities. impacts of the separate management approaches on the current host communities. ' The strengths and weaknesses noted by the NWMO in Discussion Document 2 do not mention or appear to Relative technical and financial risks should ' account for a comparative assessment of the risks related R R identified and considered during the to the different approaches. The comparative risks include ongoing detailed comparative assessments both technical risks (such as the impact of postulated that the NWMO is currently performing. accidents)and financial risks (such as changes in the ' assumed discount rates used in the financial models). Implementation Plan Background paper 7-8 notes that any proposal to postpone The NWMO should ensure that the ' a decision on a preferred long-term option would itself have implementation plans developed for the separate management approaches include significant implications and may be deemed worthy of a review panel. comprehensive and specific permitting ' schedules that define which permits are required,when they are required, how long Many of the problems and delays in the implementation of it takes to apply for and obtain them, and ' major projects with significant environmental implications who has to make the application. Possible stem from the failure to correctly identify all the required conflicts or uncertainties regarding the legal permits and permit application requirements associated with jurisdiction of different government a given project. agencies should be identified. ' PSD-OO7-05 - Attachment 1/121304 — p I Project 11769-010 2-7 SL-008414 . .., ACreS'S8iL Final t i -' q'iiA �a�+�7P i •: I ASL's earlier recommendation about the Problems and delays can also stem from determined need to engage groups that focus and ' opposition from one or more stakeholders (such as represent public opinion should pursued in recognition that they may provid e environmental groups or elected officials)when the EA and d valuable information for the applications are reviewed. It should be noted that technical issues (engineering, conceptual designs, etc.)or costs are implementation plans in terms s o of f identifying ' frequently not the critical parameters that determine a potential opposition, assessing the primary project's success or failure. concerns of potential opponents, and developing mitigation measures to address these concerns. The assessment performed by the Assessment Team is not specific with respect to the choice of economic region for a In addition to supporting site selection, the ' centralized storage facility or geologic repository. The NWMO should ensure that site-specific NWMO's ongoing efforts will focus on developing issues and considerations are identified and characteristics that would be appropriate in choosing addressed within the associated specific economic regions for deep geological disposal and implementation plans. ' centralized storage approaches. As the implementation plans are developed,the resulting The NWMO should ensure that the ' details could affect the comparative assessments of the comparative assessments are updated and different management approaches performed up to that re-evaluated as required to be consistent point. with the planned implementation details. ' The NWMO should ensure that the overall project implementation plans include key project milestones where"go—no go" decisions are made, as well as points where ' Although a phased approach is reasonable and has designs are finalized, or"frozen," to enable significant advantages, in ASL's experience, it has the the project to proceed with minimal potential potential of negatively affecting the overall effective for design changes.To be able to capitalize implementation of a project. on new technical or other advances, the design parameters associated with the selected management approach should be developed and selected to maximize overall ' system flexibility. ' Last page of Section 2. ' . PSD-007-05 Attachment 1/121304 -- it Project 11769-010 l�Ilfg 3_1 SL-008414 ' �. Acres-S&L Final 3. METHODOLOGY ' ASL's independent review was performed by a core team of consultants that have significant spent fuel ' disposal experience, as well as experience in assessing the impacts of new nuclear facilities and associated development and permitting requirements. Immediately before project authorization, a combination interview/ ' kick-off meeting was held between ASL and the CANHC Steering Committee to review ASL's qualifications and to confirm the planned approach for the independent evaluation. ' ASL performed a broad review of Discussion Document 2 with the overall objective of identifying questions ' that are not currently being asked by either the NWMO or others reviewing the NWMO's process.The intent of the review was to identify key issues and areas that we recommend CANHC focus on as the NWMO continues in their process. ' During the project interview/kick-off teleconference, ASL and CANHC discussed several questions and ' comments that provide further depth to the issues and supplement the questions included in Discussion Document 2.ASL utilized these questions during its review of the document to provided focus on the key issues ' relative to the current host communities. These questions and issues are summarized below: • Assessment Framework , — Is the assessment framework comprehensive and balanced? — Are there gaps, and if so,what should be added to the assessment framework? , — How can the NWMO reconcile the apparent preference of Canadians to "keep an eye on the waste" and the apparent preference of the scientific community for deep geological disposal? ' — Do the various management approaches adequately address the possibility that the waste could be retrieved? • Management Approaches ' — What are our thoughts on the strengths and weaknesses of each management approach: deep geological disposal, centralized storage,and reactor site storage? , — Focus on the impact on the existing site communities. • Implementation Plan ' — Are there specific elements that we believe must be built into an implementation plan? — What are our thoughts on what a phased approach must include? t PSD-007-05 - AMC ment U121304 _ .* 5; g Reject 11769-010 , 3-2 SL-008414 a Acres'S&L Final ' — If the NWMO recommends an approach that involves relocating the waste, the ability of that approach to be implemented must be addressed, given social and political realities. Otherwise, onsite storage will become,by default,the selected management approach. — Whether or not a phased approach to implementation is adopted, the waste will remain at the existing sites for a number of years. Therefore, the interest of the existing host communities must be considered when developing an implementation plan. ' In addition to considering these questions and comments, ASL reviewed the NWMO's process, including its assessment framework, management approaches, and implementation plan, in consideration of the types of environmental screening and permitting processes used for other major projects. ' ASL did not review each of the documents referenced in Discussion Document 2 as part of our independent peer review, as this depth of review is beyond the scope of our independent peer review. However, we reviewed certain documents in some detail and did review the types and subjects of documents relative to the context of Discussion Document 2 and the questions and comments used to guide our review. For example, our review of ' the list of background papers developed by the NWMO regarding certain topics, such as Guiding Concepts, provides an indication of how thoroughly the NWMO has addressed that particular topic. Selected reference ' documents were reviewed in more detail as appropriate to address the key questions and comments used to guide the independent peer review. 1 ' last page of Section 3. ' PSD-007-05 - Anaclvrent 1/121304 — LS �5 Project 11769-010 i SL p SL-008414 , Acres-S&L Final 4. DETAILED EVALUATION RESULTS ' 4.1 OVERVIEW OF DISCUSSION DOCUMENT 2 / UNDERSTANDING THE CHOICES ' Discussion Document 2 contains the following elements: , • Part 1 /Foundations of the Assessment Chapter 1 /Introduction , Chapter 2/Understanding Canadian Values Chapter 3 /Reporting Back • Part 2/A Preliminary Comparative Assessment , Chapter 4/Choosing and Describing An Assessment Approach Chapter 5 /An Assessment , • Part 3 /Towards a Management Approach Chapter 6/A Responsive Framework ' Chapter 7/NWMO's Work Continues Chapter 8 /Engaging Canadians ' • Appendices Appendix 1 /Profile of the NWMO Appendix 2/Engagement Activities ' Appendix 3 /NWMO Background Research Appendix 4/Screening Rationale for Methods of Limited Interest ' Appendix 5 /Glossary Building on Discussion Document 1, Part 1 of Discussion Document 2 reports on the NWMO's further , exploration of the values and priorities of Canadians and presents insights from the dialogues convened in Discussion Document 1, "Asking the Right Questions." Part 2 provides a fuller description of the approaches that the NWMO will now focus on for the study. Part 3 "takes stock" of what the NWMO has learned to date and identifies a path forward for the next phase of the NWMO's study. The Executive Summary of Discussion ' Document 2 is included in Appendix F of this report to provide a more detailed summary of the document. In addition, as noted earlier, ASL developed the Reference Table in Appendix D that lists the web sites referenced ' in Discussion Document 2 along with the related files posted on the web. This table summarizes the information that the NWMO has developed so far in its study and provides an indication of how they have ' addressed the issues and questions raised so far in the process. The web links noted in Appendix D are listed in PSG-007-05 - Amchm t 1/121304 _ -..i y._ Project 11769-010 t 4_2 SL-008414 Acres-S&L Final . the order they are referenced in Discussion Document 2 (it should be noted that some web sites are referenced multiple times, and so are repeated in the reference table to denoted the references made in each section of "Understanding the Choices"). ' 4.2 ASSESSMENT FRAMEWORK ' 4.2.1 General Discussion The current assessment framework is derived from the original ten questions discussed in the NWMO's ' Discussion Document 1, "Asking the Right Questions." To help with the comparative analysis of alternate approaches, the NWMO put together a multi-disciplinary Assessment Team and asked them to develop an assessment framework based on the ten questions posed in Discussion Document 1. The NWMO Assessment Team issued its report in June 2004. ' Based on the NWMO's engagement with Canadians and its research and analysis activities, the Assessment Team converted the original ten questions into eight objectives and associated guiding principles and influences, which comprise the assessment framework. The discussion in Part 2 of Discussion Document 2 is ' based on the Assessment Team's report. The original ten questions are summarized below: 1. Does the management approach have a foundation of rules, incentives, programs, and capacities that ensure all operational consequences will be addressed for many years to come? 2. Does the management approach provide for deliberate and full public engagement through different phases of the implementation? ' 3. Have aboriginal perspectives and insights informed the direction and influenced the development of the management approach? 4. Is the process for selecting, assessing, and implementing the management approach one that is fair and equitable to our generation and future generations? 5. When considered together, do the different components of the assessment suggest that the ' management approach will contribute to an overall improvement in human and ecosystem well- being over the long-term? ' 6. Does the management approach ensure that people's health, safety, and well-being are maintained(or improved)now and over the long-term? 7. Does the management approach contribute adequately to human security? Will it result in reduced access to nuclear materials by terrorists or other unauthorized agents? 8. Does the management approach ensure the long-term integrity of the environment? ' PSD-007-05 - Attache 1/121304 - __ ( Project 11769-010 J J SL �•Q SL-008414 ' Acres-S&L Final 9. Is the economic viability of the management approach assured and will the economy of the community(and future communities)be maintained or improved as a result? 10. Is the technical adequacy of the management approach assured and are design,construction and implementation of the method(s) used by it based on the best available technical and scientific ' insight? The current objectives developed by the Assessment Team are summarized below: t • Fairness. Capacity to ensure fairness in the distribution of costs, benefits, and risks: process and substance. ' • Public Health and Safety. Capacity to ensure public health and safety. • Worker Health and Safety. Capacity to ensure worker health and safety • Community Well-being. Capacity to ensure community well-being • Security. Capacity to ensure security of materials, facilities, and infrastructure , • Environmental Integrity.Capacity to ensure environmental integrity • Economic Viability. Capacity to ensure economic viability , • Adaptability.Capacity to adapt to changing conditions over time. The relationship between the original ten questions and the eight objectives of the current assessment 1 framework is shown in Figure 4-5 of Discussion Document 2, "Elements of the Objectives Hierarchy Plotted ' Against the Original Ten Questions." 4.2.2 Comprehensiveness and Balance 1 The process used to derive the current framework, as described in Discussion Document 2, is considered to be reasonable and appropriate and is supported by the documents referenced in the discussion document. ' Although ASL believes that the assessment framework is generally comprehensive, we identified potential gaps t in the assessment framework as it is described and used in Discussion Document 2. One potential gap relates to the potential political climates that may exist during the decision and implementation phases of the management ' approaches. The Assessment Team report notes that a practical strategy for implementing an overall management approach must take the political climate into account, and that this factor is outside the scope of the Team's assessment. If the political climate does not support making a decision or implementing a decision, then, by default, the used fuel will likely remain at the current sites. It was not clear from our review of ' P5D-007-05 - Aftdm t 1/121304 — Pmjmt 11769-010 4-4 SL-008414 Acres-S&L Final Discussion Document 2 and the NWMO's background papers whether this factor and related strategies are assessed by the NWMO. Another potential gap in the assessment framework that was noted in the Assessment Team's report is related to contingency planning. The Assessment Team notes that "The assessment suggests it will be necessary to ensure . . . that contingency plans are known and available should they be required, at least for the period in which active management of the waste is needed to ensure safety." Again, it was not clear from our review of Discussion Document 2 and the NWMO's background papers whether this factor and related strategies are assessed by the NWMO. ' In addition to these gaps, it is not clear how the relative importance or priorities of the eight objectives will be addressed when assessing the different management approaches. In Figure 4-5 of Discussion Document 2, the 1 original ten questions and eight current objectives are characterized as all having equal importance (i.e., the order in which they are listed does not imply a prioritization of concerns). In the Assessment Team's report, however, the Assessment Team notes that it used different weights to explore trade-offs between the different objectives based on competing values and preferences identified during the NWMO's engagement activities. As noted in Section 5.2 of the Assessment Team's report,these competing values include the following: • Security vs. Accessibility ' • Remote location vs.Minimal handling and transportation of waste • Assume responsibility today vs. Provide flexibility for future generations • Making a decision vs.Managing uncertainty ' The Assessment Team's report presents the results of their analysis in the form of composite scores and does not seem to consider fatal flaws(that is, an issue or problem that would exclude a particular option from further ' consideration). For example, the composite scores of the onsite storage options relative to the objectives of Pubic Health and Safety and the objective for Security, beyond 175 years, both include a performance value score of zero in their ranges. This indicates that at least some on the Assessment Team may have considered these options to untenable; however, without a consideration of fatal flaws, this would only have the affect of broadening the range of scores as opposed to initiating a more significant assessment of these options. ' The Assessment Team indicated that changing the weighting used in the assessment as part of their ' methodology provides a sensitivity analysis that indicates whether different levels of importance for different ' PSD-007-05 - Amchm t 1/121304 3rj e rr' Project 11769-010 i% L V 4 Bps SL-008414 ' .� Acres-S&L Final issues impact the ranking of the management approaches. In ASL's opinion, this type of sensitivity analysis is ' important and necessary to fully evaluate the different approaches and confirm that the assessment framework is balanced. The Assessment Team report indicates the magnitude of the relative weights used in its assessment , of the overall objectives,but not for the specific influence variables associated with each objective. In summary, ASL believes that the assessment framework is generally comprehensive but cannot determine how balanced it is. The NWMO should provide explanations of how political climate, contingency planning, fatal flaws, and relative importance of the objectives and specific influence variables were considered, so that it is possible in future work to determine whether the assessment framework is balanced.The NWMO should also explore the potential effect of fatal flaws. ' 4.2.3 Engagement ' The NWMO has openly described its methods and framework and has actively solicited a wide range of input on its work. The NWMO's engagement activities were designed to establish an informed dialogue with the following communities of interest(reference the NWMO's Engagement Plan, dated June 10,2003): • Canadian public at large • Governments (federal,provincial, local/municipal,aboriginal) • Residents and representatives from communities with current storage sites , • Communities that might be affected in future(through storage or transportation) • Non-profit and non-governmental organizations from civil society (health, social sciences, ! energy, environment, faith, professional societies, culture, education, development, civil rights, labor, etc.) • Business interests • Nuclear energy corporations ' • Individuals who have any interest in nuclear waste management and/or who have an area of relevant expertise • The NWMO Based on the references cited in Discussion Document 2, the NWMO has achieved a wide range of engagement ! in accordance with its plan. A recent e-dialogue coordinated by Royal Roads University(reference Group#1 on November 29, 2004), however, identified a potential gap in the communities engaged by the NWMO. The ! engagement activities have not been designed to, nor have they achieved, consultation with groups that focus PSD-007-05 - Attachnxnt 1/121304 __ ; t' Project 11769-010 ! 4-6 SL-008414 Acres-S&L Final and represent public opinion, such as nuclear awareness groups or environmental groups. This perspective is confirmed by our review of the engagement documents posted on the web by the NWMO, which do not appear to include input from these types of groups. ' These groups may have specific agendas that may be counter to the NWMO's ultimate objective to implement a management approach once the Canadian government makes a decision based on the NWMO's recommendation. Accordingly, ASL believes that the NWMO should specifically solicit the input from these types of groups. In addition, or alternatively,the NWMO should develop an assessment of the positions of these groups, the influence they may exert on the process, the impact this influence could have on the recommended management approach, and what can be done to gain their input or otherwise address their positions. 4.2.4 Timing ' Based on the progress made by the NWMO to date, as measured against the timeline established by the NWMO to complete the study, the three-year duration allotted by the NFWA is technically sufficient to develop a recommended management approach. Figure 8-1 in Discussion Document 2, "NWMO Study: A Process of Interactive Engagement," summarizes the NWMO process and timeline. It should be noted that this process and ' timeline are consistent with the NWMO's Engagement Plan, issued in June 2003, and the document "NWMO Approach to Development of Analytical Framework," issued in July 2003. ' Discussion Document 2 includes the estimated duration for implementing each of the three primary ' management approaches,as noted below: Table 4-1 — Key Activity Durations of the Main Management Approaches ' fjn'�tlratl -f1`'- fiilanagemertibirB�FNavtJlix ' Reactor site extended storage 5 years 5 years Centralized storage 10 years 10 years ' Deep geological repository 10 to 15 years 10 to 15 years The existing industry experience with the three main management approaches support the three-year time allowed for the NWMO to develop a recommended approach and for the estimated duration of the design and construction phases. The Joint Waste Owner Overview Documentation (see Appendix G) indicates that Atomic ' PSD-007-05 - At chment l/121304 Project 11769-010 i 4 1 E SL-008414 , 4. Acres-S&L Final Energy of Canada Limited (AECL) and Ontario Power Generation began to investigate various options for dry 1 storage in the 1970s and that AECL has more than 25 years of experience with dry storage systems. This paper also notes that centralized extended storage systems are already operational in 12 countries and used over a , wide range of circumstances from providing common temporary storage for used fuel from a few reactors to providing a fully centralized management system for used fuel at the national level. While uncertainties exist , related to the long-term performance of deep geological repositories, many countries support the concept, including Sweden, Italy, Spain, Japan, China, and the United States, among others. The design concept for deep geological repository for used CANDU fuel was developed by AECL during the period 1978-1996 as part of the Canadian Nuclear Fuel Waste Management Program. ' It should be noted that the actual time required to gain social acceptance of the recommended approach and corresponding implementation and overall schedule for the selected management approach will be determined ' at least in part by the political climate, adding importance to the need for the NWMO to assess the impact of potential political climates as discussed earlier. ' 4.2.5 "Keeping an Eye on the Waste" CANHC requested ASL to assess how the NWMO can reconcile the apparent preference of Canadians to "keep ' an eye of the waste" and the apparent preference of the scientific community for deep geological disposal. In ' our opinion, this can be achieved within the assessment framework that the NWMO has established and by utilizing the multi-attribute utility analysis that the Assessment Team adopted. As the name of this analytical ' method implies, this type of analysis takes several factors into account related to each objective. For example, the influence diagrams shown in Chapter 5 of Discussion Document 2 show the factors included in the , Assessment Team's analyses. Accordingly, factors related to"keeping an eye on the waste"can be incorporated into ongoing assessments of the different options. For example, the objectives of Fairness, Community Well- Being, Security, and Adaptability may all be influenced to a certain extent by this factor. ' The NWMO is taking steps to evaluate the need to assess the issue of monitoring the waste. For example, the NWMO has assessed monitoring waste in Background Paper 3-5, issued in November 2004. This paper noted that the selected used nuclear fuel management system, whether a deep geological repository or an extended ' storage system, will require monitoring. The purpose of the paper was to develop a risk-based monitoring framework for used fuel management approaches.This was carried out in two steps: ' PSD-007-05 - AnaOl t 1/121304 ;1 Pmject 11769-010 , 4-8 SL-008414 Acres-S&L Final • First, the various management methods were reviewed to estimate potential risks at each stage of their development. • Second, the results of the review were used to develop, at a conceptual level, a monitoring framework that focuses on the main areas of potential risk. The paper identified several gaps in the risk estimates and its documentation, but indicated that none of them affect the paper's overall conclusions. The paper recommends that the gaps need to be addressed as part of the implementation of the approach selected by the Canadian government. Another aspect of"keeping an eye on the waste" was identified during the e-dialogues coordinated by Royal Roads University (reference Group #3 on November 29, 2004). In essence, a comment was made that a reactor site storage (or, to a more limited extent, centralized storage)kept the issue and societal costs of nuclear waste ' more visible, and so provides an impetus for reducing the generation of this type of waste. The comparison was made to trash along the side of a road: if disposed in a landfill and out of sight, there is less of a constant reminder of the overall costs associated with creating the trash. This perspective would not necessarily be 1 addressed by a technically focused comparative analysis of the potential management approaches, and so highlights the value of the multi-attribute utility analysis used by the NWMO. This perspective could ' significantly affect the current host communities due to its bias towards reactor site storage, and so should be addressed as the NWMO moves closer towards making a recommendation. In summary, the NWMO is evaluating monitoring requirements and is using appropriate analytical tools that can reconcile requirements with competing objectives. Moving forward, it will be important for CANHC to review the final phases of the NWMO study to ensure that these factors are given proper weight (as discussed ' earlier in this review), that the technical details of the selected management approach address this issue, and that broader social values and motives (such as keeping used fuel disposal highly visible) are considered. As part of the engagement process, the NWMO should consider establishing focus groups to identify specific concerns that people may have with"keeping an eye on the waste"(i.e.,technical or social)and to support fully addressing this issue. ' 4.2.6 Retrievability The three primary management approaches required to be considered are summarized in Appendix G, which is a copy of the Joint Waste Owners Conceptual Designs Overview paper as posted on the NWMO's web site. Of the three approaches, Reactor Site Extended Storage and Centralized Extended Storage include assumptions ' PSD-007-05 - Amet mnt 1/121304 — U Projxt 11769-010 Nlln� S1,008414 , Acres-S&L Final that the waste will be repackaged. Accordingly, for these two approaches, the NWMO has addressed the ' possibility that the waste could be retrieved. The third approach, the deep geological repository concept, does not explicitly identify the assumption that the waste will either be repackaged or retrieved.The base assumption ' for deep geological disposal, instead, is that the facility will be decommissioned after a certain period of operations and monitoring. This approach requires that the used fuel containers be retrievable during the pre- closure phase, but it does not address retrievability after the facility has been decommissioned. The design concept includes backfilling around the spent fuel disposal containers, which would hinder the ability to retrieve the spent fuel if required. In summary, the used nuclear fuel is retrievable in the two storage approaches, but by design is not retrievable ' in the disposal approach after the site is decommissioned (closed). Discussion Document 2 does not fully address this issue, nor is it fully addressed in "Assessing the Choices."For example, retrievability is a factor in ' the "Adaptability" influence diagram, but the performance value scores for the deep geological disposal approach are approximately the same as for the other approaches. ASL believes that the NWMO should more ' fully address this issue as it develops more detailed comparative analyses. 4.3 MANAGEMENT APPROACHES ' 4.3.1 General Discussion , The table below summarizes the management approaches that the NWMO has identified and considered to date: PSDm7-05 - Attachment 1/121304 -- � Project 11769-010 , A�(� 4-10 HUB SL-008414 ' Acres-S&L Final Table 4-2 — Summary of Management Approaches Considered by the NWMO 711177 77 7777]77777777� �+ NYetho�ls2e21umrigR$ I�IkM f�lodsCiN � � It f i111arirlatbyiN �-4t[f hdl Aen �ft3HS D#Liirlt MR Deep Geological Disposal in the Reprocessing, Partitioning, and Direct Injection Canadian Shield Transmutation Rock Melting Storage at Reactor Sites Storage or Disposal at an International Repository Sub-Seabed Disposal Centralized Storage Above or Below Ground Emplacement in Deep Boreholes Disposal at Sea Disposal in Ice Sheets Disposal in Subduction Zones Disposal in Space Dilution and Dispersion Source:Table 3-1, Potential Technical Methods, in Discussion Document 2 Appendix G of this review paper contains overview documents prepared by the Joint Waste Owners for the NWMO that describe the management methods in more detail; they are included to facilitate the reader's reference. The NWMO has developed conceptual designs, cost estimates, transportation requirements, and preliminary project timelines for each of the main management approaches, which can be accessed on the NWMO's web site, as noted in Appendix C. The conceptual designs and cost estimates are intended to provide sufficient detail to confirm the engineering feasibility of the management approaches to support the current phase of the NWMO's study, which is appropriate. The timelines shown for each of the approaches in Discussion Document 2 allow for detailed design and construction of the selected facilities. The NWMO has arranged for independent reviews of these technical evaluations. Overall, the NWMO noted in Discussion Document 2 that these third-party reviews concluded that the designs are reasonable and feasible, that the cost estimates have been prepared in accordance with appropriate estimating methodology, and that the technical information as a whole is suitable for the options review and directional decision-malting requirements of the NWMO. The methods receiving international attention were presented for comment in the NWMO's Discussion Document 1. In "Understanding the Choices," the NWMO reports that"For the most part, Canadians indicated that these methods should not receive detailed study at this point,although it would be appropriate to maintain a ' "watching-brief' on these methods." The Assessment Team's report, "Assessing the Choices," provides the PSD.007-05 - Attechm t 1/121304 — 4 Project 11769-010 r SL- SL-008414 , Acres-S&L Final r specific reasons that these methods were screened out(see Section 3.2.2). However, the Assessment team noted ' that "Canada may wish to maintain some interest in each of these options by undertaking research and/or tracking related international developments." r The methods of limited interested are described in Discussion Document 2's Appendix 4. The NWMO is not actively pursuing these methods further based on the screening rationale presented in Appendix 4. 4.3.2 Strengths and Weaknesses r The Assessment Team analyzed each of the three main management approaches within the current assessment framework. The resulting relative strengths and weaknesses of each approach is summarized in Figure E-lin , Discussion Document 2's Executive Summary (provided in Appendix F of this report to facilitate reference). The following table summarizes the advantages and limitations that the NWMO has identified for each of the main management approaches: Table 4-3 — Key Strengths and Weaknesses of the Main Management Approaches fi f�er�tl¢11tei1 *pPr-0at �t1 k3tk(I b+S ',x s,�p i' Cfi 33,i At-Reactor Storage No transportation of spent nuclear fuel There will be need for continuing is required administrative controls and operations, including necessary funding, for There is nuclear expertise at the thousands of years existing sites and communities The reactor sites were selected for their The ability to monitor performance suitability for reactor operation, not fuel and flexibility to adapt to changing storage (for example,their proximity to conditions should be facilitated large bodies of water is needed for Required technologies are already reactor operations, but is not needed developed and may be a liability for fuel storage) r Centralized Storage Site selection could be made solely on There will be need for continuing the basis of used nuclear fuel administrative controls and operations, management including necessary funding,for If done well, siting can be achieved thousands of years with community participation Site selection would result in potentially Some security concerns could be contentious community involvement abated Transportation of spent nuclear fuel is Required technologies are already required developed r PSD-007-05 - Atmdmrnt 7/121304 _ �h Project 11769-010 r 4-12 SL-008414 a Acres-S&L Final Ke �laha eihen2R' roaclt,� Atl7anta r 1 , ', Key Llmlfai_ .. pp Y a�. Deep Geological The eventual permanent Advance "proof that the system would Repository emplacement of used nuclear fuel work is not scientifically possible ' would reduce or eliminate the because performance is required over necessity for long-term institutional thousands of years' and operational continuity and financial surety. Monitoring is more difficult as compared to the other options as the site is Site selection could be made solely on backfilled and closed. the basis of used nuclear fuel management Adaptability and flexibility are reduced ' because retrieval of the used fuel If done well, siting can be achieved becomes more difficult. with community participation Site selection would result in potentially Security concerns could be abated contentious community involvement Transportation of spent nuclear fuel is required Although the systems do not have proof,the Assessment team, in its report"Assessing the Options;notes that the conceptual design developed on behalf of the Joint Waste Owners for a deep geological repository facility(DGR) provides sufficient detail to confirm the engineering feasibility of a DGR and to allow preparation of a conceptual cost estimate for its implementation. The weighting of the different objectives and corresponding factors used in the ongoing comparative assessment process will affect the relative strengths and weaknesses.Accordingly, it will be important to review ' potential changes in the relative strengths and weaknesses as the comparative analysis process continues. The site selection process for deep geological disposal does not note limitations associated with establishing the geological suitability of potential sites. Based on the experience in the United States with the Yucca Mountain project, consideration should be given to the effect associated with confirming the technical suitability of ' potential sites (such as schedule delays and cost impacts). ' There appears to be a discrepancy in the advantages and limitations relative to the objective for Adaptability. The ability to monitor performance and flexibility to adapt to changing conditions was noted as being a relative advantage for at-reactor storage, but was not mentioned for centralized storage. We believe these same factors should be listed as an advantage for centralized storage. In addition, Adaptability was noted as being a limitation for deep geological disposal, which is consistent with its technical details. However, the deep geological disposal approach had the same or higher performance value score compared to the other approaches ' PSD-007-05 - Attachment 1/121304 b J 4 Project 11769-010 ��pppp[�pp 4-13 Hllll[D SL-008414 �-d Acres-S&L Final in the analysis of Adaptability. This discrepancy should be clarified or otherwise resolved as the comparative analysis process continues. The relative strengths and weaknesses of the different management approaches as discussed in Discussion ' Document 2 do not provide an indication of how they might be affected by potential technical changes. Although the Assessment Team's report lists basic assumptions used for conceptual designs, there is no sensitivity analysis of what would happen if there were significant changes in cost or design parameters as these assumptions are validated during the detailed design stage for the selected approach. For example, what would be the effect of a change in the volume of spent nuclear fuel requiring disposal because reactor operating life is extended or shortened? Does the design or costs significantly change? It may be an advantage if one of the approaches was shown to be less sensitive to potential design changes. One of the limitations (weaknesses) noted for centralized storage and deep geological storage is the effect on ' communities and siting issues; however, these are not mentioned in the limitations for reactor site storage even though the current host communities were not selected for extended storage. The analysis notes technical , limitations for at-reactor storage (such as proximity to large bodies of water), but does not note any social disadvantages. This issue also does not seem to be addressed by any of the NWMO's background papers (especially in reference to the papers regarding Social and Ethical Dimensions). The strengths and weaknesses noted by the NWMO in Discussion Document 2 do not mention or appear to account for a comparative assessment of the risks related to the different approaches. The comparative risks include both technical risks (such as the impact of postulated accidents) and financial risks (such as changes in the assumed discount rates used in the financial models). Similar to the potential advantage (or disadvantage) for an approach to accommodate changes in the technical assumptions (discussed above), an approach may have a relative strength (or weakness) if it can accommodate these types of risks better(or worse)than the other approaches. This issue should be considered during the ongoing detailed comparative assessments that the NWMO is currently performing. 4.3.3 Impact on Current Host Communities The assessment framework considers the impact of the management approaches on new host communities; ' however, Discussion Document 2 does not discretely analyze the impact of the separate management approaches on the current host communities. The NWMO's list of background papers as shown in Appendix E PSO- 07-05 - Attachment 1/121304 Project ll769.O10 I iC Jj SL- ' SL-008414 s..-w.. ... Acres-S&L Final also does not include a paper on the impact on current host communities. Accordingly, the overall impact of the selected management approach on the current host communities has to be assessed by evaluating how the current host communities fit into the definitions of the new communities that will be affected by the selected management approach. Specifically, in the report"Assessing the Options,"the Assessment Team notes that: It is vital to consider what would lead a community to agree to having a used nuclear fuel facility with in its boundaries. . . . The siting policy may also include benefits to a host community to compensate that community for taking on the burden associated with used nuclear fuel while a much wider population shares the benefits. Considering that the current host communities are listed as a strength associated with the reactor site extended storage approach, the benefits to the wider population may even be magnified if the current host communities evolve into becoming the ongoing used nuclear fuel storage communities. It would seem appropriate to ensure 1 that the current host communities are afforded the same considerations and potential benefits as new host communities within the ongoing assessment process. This would be especially appropriate if a decision relative to which management approach to use is not made,or if the decision cannot be implemented, so that the current ' host communities become the storage communities by default. 4.4 IMPLEMENTATION PLAN 4.4.1 General Discussion The NFWA states that the selected management approach will be implemented by the NWMO "subject to all of the necessary regulatory approvals." Discussion Document 2 notes that the NWMO will be focusing on implementation plans as their study moves forward and that implementation is a critical part of malting a recommendation. As stated in Discussion Document 2: The NWMO is persuaded of the critical importance of mapping out specific plans for implementing any course of action. The manner in which any approach is implemented will affect the effectiveness and the extent to which it is responsive to societal needs and concerns. We believe that how any approach is implemented will be every bit as important as which approach is selected. IThe NWMO notes that the development of implementation plans will include, at a minimum, consideration of the following elements: • Oversight and monitoring systems • Ongoing societal involvement ' PSD-007-05 - Attachment 1/121304 — 1. u.;, Project 11769-010. SL-008414 ' •o AcrmSK Final • Institutional design,including human resource capacity • Ownership and liability • Dispute management • Principles to guide site selection; and • Education and information programs. In Discussion Document 2, a preliminary implementation plan is addressed for each primary management , approach as summarized below(the costs estimates are also noted for reference): • Reactor Site Extended Storage , — Siting and Approvals 5 years — Design and Construction 5 years — Operations 35 to 40 years t — Monitoring Ongoing — Building Refurbishments and Repackaging 10 year duration, done every 300 years ' — Costs: Total to be Spent(2002 $) $17.6–$25.7 billion/300-year cycle — Costs: NPV of total to be spent(2004 $) $2.3 –$4.4 billion/300-year cycle ' • Centralized Storage — Siting and Approvals 10 years — Design and Construction 10 years — Transportation and Operations 25 to 40 years — Monitoring Ongoing — Building Refurbishments and Repackaging Variable duration, done every 300 years — Costs: Total to be Spent(2002 $) $15.7–$20.0 billion/300-year cycle — Costs:NPV of total to be spent(2004$) $3.1 –$3.8 billion/300-year cycle • Deep Geological Disposal — Siting and Approvals 10 to 15 years — Design and Construction 10 to 15 years , — Transportation and Operations 25 to 40 years — Monitoring 70 years(maximum assumed for costs) — Decommissioning 25 years — Costs: Total to be Spent(2002 $) $16.2 billion — Costs: NPV of total to be spent(2004$) $6.2 billion ' rso-007-05 - Att do t 1/121304 _ 'S Project 11769-010 , 4-16 SL-008414 1 Acres-S& Final These timelines were assessed in more detail in the Assessment Team's report based on the conceptual design papers developed by the NWMO. 4.4.2 Specific Needs for Implementation Plans Siting and approvals is a significant phase of each of the management approaches. As noted above, the NFWA requires that the selected approach be implemented in accordance with all the necessary regulatory approvals. The Assessment Team's report notes that the overall management of spent fuel in Canada is politically complicated. Under the Canadian constitution, energy policies and land management that involve the production of spent fuel are responsibilities of the provincial governments, while management of radioactive materials is the responsibility of the federal government. The NWMO has started to assess the regulatory framework within which the selected approach will be implemented. The NWMO documents related to this issue include Fact Sheet 4, "The Canadian Regulatory Framework," background paper 7-8, "Review of the Canadian Environmental Assessment Act(CEAA) Process in Relation to Nuclear Waste Management," and background paper 7-9, "Review of the CNSC Licensing Process in Relation to Spent Fuel Management." Background paper 7-8 discusses the four basic types of environmental assessments in the CEAA and their ' associated level of detail summarized as follows: • Screening. Minimum level of EA required, although some screenings can be reasonably ' detailed. • Comprehensive Study.Next level,requires more detail. • Review panel.More formal EA involving experts appointed by Minister of Environment. • Mediation. Infrequently used voluntary process of EA negotiation in which an independent mediator (usually appointed by Minister of Environment) helps interested parties resolve their ' issues. The following table summarizes which types of environmental assessments are anticipated to be applicable for the separate management approaches as discussed in background paper 7-8 (reference pages 5 and 6). ' PSO-007-05 - Attache t 1/121304 — Project 11769-010 4-17 SL-008414 ' 4 d A - cfesSBY� Final Table 4-4 Anticipated Environmental Assessments for the Main Management Approaches #itttl 1pa WIN,R"OOM �tl na ei enY ApprOach Entrrr ihmoUtal SSfnei} 4 t 4" 11s�ftir Deep Geological Disposal Review panel Would theoretically start as a comprehensive , study. Centralized Storage Review panel Would theoretically start as comprehensive ' study, but extensive transportation requirements would likely dictate the need for a review panel. Reactor Site Extended Screening or comprehensive A screening would be required if the proposed Storage study project were to fall within the boundaries of the currently licensed facility. If the project were to include areas outside the existing boundaries of the nuclear facility, a "comprehensive study"would be required. "Any proposal, however, to postpone a decision on a preferred long-term option would itself have significant implications and may be deemed worthy of a review panel." , In ASL's opinion, many of the problems and delays in project implementation stem from the failure to correctly ' identify all the required permits and permit application requirements associated with a given project. Accordingly, the NWMO should ensure that the implementation plans developed for the separate management , approaches include comprehensive and specific permitting schedules that define which permits are required, when they are required, how long it takes to apply for and obtain them, and who has to make the application. ' Possible conflicts or uncertainties regarding the legal jurisdiction of different government agencies should be identified. Problems and delays can also stem from determined opposition from one or more stakeholders (such as environmental groups or elected officials) when the EA and applications are reviewed. Getting stakeholders , involved early in the project sometimes can eliminate determined opposition by allowing key concerns to be addressed in the basic project design. ASL's earlier comments about the need to engage groups that focus and represent public opinion should be ' pursued in recognition that they may provide valuable information for the NWMO's implementation plans in terms of identifying potential opposition,assessing the primary concerns of potential opponents, and developing ' mitigation measures to address these concerns. It should be noted that technical issues (engineering, conceptual PSD.007-05 - AUehm M I/121304 Project 11769-010 , �pp@ 4-18 Nilll[D SL-008414 w Acres'S&L Final designs, etc.) are frequently not the critical parameters that determine a project's success or failure. Cost is also not necessarily the critical parameter; as noted in"Assessing the Options"(Section 3.6.9), "The least expensive method is not necessarily the wisest choice if it does not meet other public policy objectives and cannot be ' successfully sited." "Assessing the Options" (Section 3.6.10) notes that the Assessment Team's analysis covers only general considerations regarding how communities respond to the issue of site selection and recognizes that different communities may have very different attitudes. The assessment performed by the Assessment Team is not specific with respect to choice of economic region for a centralized storage facility or geologic repository. Discussion Document 2 recognizes this and notes that the NWMO's ongoing efforts will focus on developing characteristics that would be appropriate in choosing specific economic regions for deep geological disposal I and centralized storage approaches. In addition to supporting site selection, the NWMO should ensure that site- specific issues and considerations are identified and addressed within the associated implementation plans. As the implementation plans are developed, the resulting details could affect the comparative assessments of the different management approaches performed up to that point. Accordingly, the NWMO should ensure that the comparative assessments are updated and re-evaluated as required to be consistent with the planned implementation details. ' 4.4.3 Phased Approach ' Discussion Document 2 indicates that taking a staged approach is important based on the dialogues conducted to date. A staged approach is seen as building adaptability into the selected management approach,regardless of which one is chosen. Staging provides for reviews and adjustments, and supports continuous leaming and the ability to incorporate new technical developments (such as improvements in design and operational ' requirements). A phased approach to implementing one of the main management approaches would also enable monitoring of emerging options that have been screened out to date,such as partitioning and transmutation. ' Although a phased approach is reasonable and has significant advantages, in ASL's experience, it also has the potential of negatively affecting the overall effective implementation of a project. For example, a phased ' approach includes the potential for cost overruns and schedule delays resulting from changes in the design of key components in an attempt to incorporate ongoing technical developments. There is also potential for the project scope to increase, which could increase the project's overall schedule and cost, based on additional ' Psv-oo7-05 - AMchm t 1/121304 6 914 J I Project 11769-010 1 �UII� SL- SL-008414 r 4Ma Acres-S&L Final r analyses to evaluate new alternatives (occasionally referred to as "analysis paralysis"). To avoid this during the r staged approach, the NWMO should ensure that the overall project implementation plans include key project milestones where"go—no go"decisions are made, as well as points where designs are finalized, or"frozen",to , enable the project to proceed with minimal potential for design changes. To be able to capitalize on new technical or other advances, the design parameters associated with the selected management approach should be developed and selected to maximize overall system flexibility. For example, instead of designing a centralized storage facility for the entire planned inventory of used nuclear fuel during the initial phase of the project (as shown in the Discussion Document 2 timelines), it may be beneficial to perform the design in phases. Hypothetically, the initial phase could account for 50% of the planned inventory, while the remaining 50% is designed after the facility is operational (several years later).The design for the second 50%would then be able to incorporate the latest information and technology available at that time with minimal impact on the implementation timeline for the first 50%. r r r 1 r 1 r Last page of Section 4. r PSD-007-05 - Attachment W 21304 C 9 „V q „ 2 Reject 11769-010 , U e7v .k � F.. ATTACHMENT 2 NUCLEAR WASTE MANAGEMENT ORGANIZATION QUESTIONS ASKED IN FIRST DISCUSSION DOCUMENT Over-Arching Aspects Question 1 Institutions and Governance Does the management approach have a foundation of rules, incentives, programs and capacities that ensure all operational consequences will be addressed for many years to come? ' Question 2 Engagement and Participation in Decision-Making Does the management approach provide for deliberate and full public engagement through different phases of implementation? ' Question 3 Aboriginal Values Have aboriginal perspectives and insights informed the direction, and influenced the development of the management approach? Question 4 Ethical Considerations Is the process for selecting, assessing and implementing the management approach one that is fair and ' equitable to our generation, and future generations? Question 5 Synthesis and Continuous Learning When considered together,do the different components of the assessment suggest that the management approach will contribute to an overall improvement in human and ecosystem well-being over the long tern? Is there provision for continuous leaming? ' Social Aspects Question 6 Human Health,Safety and Well-Being ' Does the management approach ensure that people's health, safety and well-being are maintained (or improved)now and over the long term? Question 7 Security ' Does the method of dealing with used nuclear fuel adequately contribute to human security?Will the management approach result in reduced access to nuclear materials by terrorists or other unauthorized agents? Environmental Aspects Question 8 Environmental Integrity Does the management approach ensure the long term integrity of the environment? Economic Aspects ' Question 9 Economic Viability Is the economic viability of the management approach assured and will the economy of the community(and future communities)be maintained or improved as a result? ' Technical Aspects Question 10 Technical Adequacy Is the technical adequacy of the management approach assured and are design,construction and implementation of the method(s)used in the management approach based on the best available technical and scientific insight? 6 9 •. . . Objective Fairness Public Health and Safety —Short Term (0-175 years) Public Health and Safety — Long Term ( >175 years) First Deep Geological Repository ✓ Removes burden from future generations ✓ Located away from large population centres - Limited opportunity to monitor performance of system and Deep Geological Repository ✓ Remote location minimizes risk ✓ Natural barriers so that security would not depend on human institutions Transportation of large quantities of used nuclear fuel Deep Geological Repository ✓ Remote location minimizes risk ✓ Natural barriers so that security would not depend on human institutions Rankings Second Centralized Storage ✓ Located away from large population centres Centralized Storage ✓ Remote location minimizes risk Absence of natural barriers Transportation of large quantities of used nuclear fuel Centralized Storage ✓ Remote location minimizes risk Requires future generations to monitor and maintain facility Third On-Site Storage - Imposes long term burden on producers and communities not anticipated when initial facility was built - Forces future generations to deal with waste On-Site Storage ✓ No transportation of used nuclear fuel Accident could exposure large number of people to hazard Extreme natural event could potentially contaminate adjacent water bodies Absence of natural barriers On-Site Storage - Accident could exposure large number of people to hazard - Extreme natural event could potentially contaminate adjacent water bodies - Requires future generations to monitor and maintain facility Objective Worker Health and Safety -Short Term ( 0-175 years) Worker Health and Safety - Long Tenn (> 175 years) Community Well Being - Short Term (0-175 years) (Note:All three approaches received similar scores) First On-Site Storage ✓ Minimal construction risk ✓ No transportation risk Deep Geological Repository ✓ Very few workers required Deep Geological Repository ✓ Short term economic benefits ✓ Improved community infrastructure Smaller more remote community may be more vulnerable to impacts - Impacts to communities along transportation route Rankings Second Deep Geological Repository - Potential for large-scale mining accident - Transportation and handling Centralized Storage - Replacement of storage facility every 300 years and associated handling of waste - requires on-going institutional control On-Site Storage ✓ Less community disruption than if waste moved to new community ✓ Continued economic benefits Sense of betrayal if storage changed from interim to long term Greater number of communities affected M M am Third Centralized Storage - Construction of storage facility &transportation of used fuel - Repackaging of fuel as On-Site Storage Regular replacement of storage facilities and associated handling of waste - Multiple sites - requires on-going institutional control Centralized Storage ✓ Short term economic benefits - Impact from establishing a facility in a new community - Impacts to communities along transportation route I cm CIO e r-: Cw c- Objective Community Well Being -Long Term ( > 175 years) Security - Short Term ( 0-175 years) Security - Long Term (> 175 years) First Deep Geological Repository ✓ No significant long term operations ✓ Expected to be safer ✓ Minimal visual reminder of facility s presence Deep Geological Repository ✓ Waste difficult to access once underground Transportation required Deep Geological Repository ✓ Underground location makes waste difficult to access ✓ Security less dependent on continued institutional controls Rankings Second Centralized Storage - Facility would be more noticeable because of continuing operations Centralized Storage - Transportation required - Location on surface is less secure Centralized Storage ✓ Site selection could facilitate security Regular repackaging of fuel required Security heavily dependent on continued institutional controls Third On-Site Storage ✓ Less community disruption than if waste moved to new community - Greater number of communities affected Facility would be more noticeable because of On-Site Storage ✓ No transportation required - Surface storage is less secure - Multiple facilities in populated areas On-Site Storage - Security heavily dependent on continued institutional controls - Multiple facilities in populated areas - Regular repackaging of fuel i• � f• � � ii• i• f• i• � i• i• � � � � � f• � ca cis C: C1: (m: t Rankings Objective First Second Third Environmental Integrity Deep Geological Repository Centralized Storage On Site Storage - Short Term (0-175 years ✓ Multiple &robust natural ✓ Location and construction of ✓ Ease of monitoring barriers below ground , facility can minimize impacts ✓ No transportation of waste ✓ No need to repackage waste ✓ Only one facility - Regular repackaging of waste - Transportation of waste - Transportation of waste - Greater susceptibility of - Excavation of repository - Regular repackaging of waste surface facility to extreme natural events - Proximity to water bodies - Multiple storage sites Environmental Integrity Deep Geological Repository Centralized Storage On-Site Storage - Long Term (> 175 years) ✓ Multiple& robust natural ✓ Location and construction of - Regular repackaging of waste barriers below ground facility can minimize impacts _ Greater susceptibility of ✓ Minimal reliance on surface facility to extreme institutional controls natural events - Proximity to water bodies - Multi le storage sites Objective Economic Viability — Short Term (0-175 years) (Note: All three approaches received similar scores) Economic Viability — Long Term (> 175 years) (Note: On-site Storage and Centralized Storage received similar scores) Adaptability — Short Term (0-175 years) (Note: All three approaches received similar scores) First On-Site Storage ✓ Lowest up-front costs ✓ Greatest certainty in provision of necessary funding Deep Geological Repository ✓ Costs are minimal once facility is built and implemented ✓ Does not rely on future funding commitments Unforeseen containment breach would produce future Centralized Storage ✓ Easier access to waste if change required - More vulnerable in various risk scenarios Rankings Second Centralized Storage ✓ Technology requirement better understood than for geological repository ✓ Lower up-front costs than deep geological repository - Potential delays and cost over-runs Substantial costs in selecting and characterizing a suitable Centralized Storage - Significant on-going costs On-Site Storage ✓ Easier access to waste if change required - More vulnerable to various risk scenarios Third Deep Geological Repository ✓ Mining costs relatively predictable - Highest up-front costs Potential delays and cost over-runs as Substantial costs in selecting and characterizing a suitable site On-Site Storage - Significant on-going costs - Adequate funding may not be available in the long term for several sites Deep Geological Repository ✓ Future generations could decide when to close facility ✓ Less vulnerable in surprises - Least flexible I = m = = = m = = IM = = m Objective Rankings First Second Third Adaptability Deep Geological Repository Centralized Storage On-Site Storage — Long Term (> 175 V ars) ✓ - yen LeWftwn REPORT ' PLANNING SERVICES ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING ' Date: Monday, January 10, 2005 Report#: PSD-008-05 File #: PLN 38.4.1 By-law#: ' Subject: DRAFT FINAL REPORT RECOMMENDED POLICY CHANGES: ' CLARINGTON COMMERCIAL POLICY REVIEW ' RECOMMENDATIONS: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report PSD-008-05 and the draft final report on Recommended Policy Changes: Clarington Commercial Policy Review be received; 2. THAT the Report be circulated to the Region of Durham and the Commercial Policy ' Review Stakeholders Group for comment; ' 3. THAT the Report be made available for public comment for a 30 day period; and 4. THAT the interested parties listed in this report be advised of Council's decision. Submitted by: Reviewed by: � � ' a d . Crome, M.C.LP., R.P.P. Franklin Wu, Dire r of Planning Services Chief Administrative Officer CP*DJC*df 5 January 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LlC 3A6 T(905)623-3379 F (905)623-0830 699liu REPORT NO.: PSD-008-05 PAGE 2 ' 1.0 BACKGROUND 1.1 In May 2004, Council approved the undertaking of a two studies as an advance component of the statutory review of the Clarington Official Plan. The two studies were: • The Commercial Policy Review ' The Commercial Policy Review ("CPR") is an overall review of the commercial policies of the Clarington Official Plan and Secondary Plans addressing the t commercial structure of the Municipality and the appropriate policy framework. It also included market impact analysis, urban design analysis and transportation analysis. ' • A Review of the Bowmanville West Main Central Area Secondary Plan Two major proposals for expansion and development of the Bowmanville West Main , Central Area led to the need for a review and update of the Bowmanville West Main Central Area ("BWMCA") Secondary Plan provided that the overall commercial policy review confirmed that additional floorspace was warranted in the Municipality. ' A consulting team headed by Meridian Planning Consultants Inc., including urbanMetrics Inc. Tate Economic Research, Brook Mcllroy Inc. and TSH Limited is ' undertaking the Studies. 1.2 The applications submitted by West Diamond Properties and Players Business Park (companies jointly controlled by the Kaitlin Group and Metrus Developments) and by ' Holloway Holdings Limited were being considered by staff. The Official Plan requires that the Municipality undertake a market impact study (to be funded by the developer) for proposals of this magnitude. With the determination of the need for the Commercial ' Policy Review, the market impact analysis was broadened and incorporated as part of the CPR. 1.3 In October, the first component of the Commercial Policy Review was completed and a ' report titled Commercial Policy Review — Context and Issues was released for public comment and input by the Community Stakeholders Group that has been established for the Study. The report documented the key findings on the issues identified to date. 2.0 RECOMMENDED POLICY CHANGES REPORT , 2.1 The draft final report on Recommended Policy Changes - Clarington Commercial Policy ' Review has been forwarded under separate cover. The report presents the consultant's analysis of the current commercial policies, reviews alternative approaches to commercial planning, the market analysis, the transportation issues and urban design , issues. The report recommends the consultant's preferred approach to commercial planning in Clarington and recommends changes to the commercial policies of the Official Plan. The consultants will present a brief overview of the study findings for the Committee's benefit at this GPAC meeting. 2.2 There are two companion reports to the main report as follows: ' • Clarington Commmercial Policy Review: Retail and Market Impact Analysis • Commerical Policy Review— Urban Design Issues and Opportunities 699011 , i REPORT NO.: PSD-008-05 PAGE 3 The companion reports were prepared as background information for the summary 1 report described above. The urban design report is expected to be available later this week. ' 3.0 NEXT STEPS 3.1 The Reports will be made available on the municipal website and in the Library for the ' public to review and comment. The Community Stakeholder Advisory Group will be meeting to review the findings at their next meeting planned for Thursday January 13"'. In addition, a Open House is scheduled for the evening of the January 13"' to allow 1 input from all residents and retailers in Clarington. 3.2 Following these sessions, staff and the consultant team will be working to finalize the ' reports incorporating input from the Stakeholder Advisory Group, residents and businesses in the Municipality. 3.3 A review of the Bowmanville West Main Central Area Secondary Plan is proceeding in ' recognition that there is market opportunity for recapture of expenditure out flows and the desirability to concentrate and focus commercial uses in a central location for a growing population. The additional floorspace can be accommodated either within the ' existing BWMCA or include the expansion of the BWMCA conditional upon achieving desired municipal land use, urban design and transportation objectives. ' 3.4 Over the coming months, staff will be reviewing the consultants' recommendations on the general amendments to the Clarington Official Plan and working with the consultants on the BWMCA Secondary Plan. ' 4.0 CONCLUSIONS 4.1 It is recommended that draft final report Recommended Policy Changes - Clarington Commercial Policy Review be received and circulated for comment. Attachments: Attachment 1 - Draft Recommended Policy Changes - Clarington Commercial Policy Review(Under separate cover) Attachment 2 - Clarington Commercial Policy Review: Retail Market and Impact Analysis ' (under Separate cover) ' 69 ui2 REPORT NO.: PSD-008-05 PAGE 4 ' Interest parties to be notified of Council's decision: Robert Hann Scott Arbuckle Bryce Jordan --Peter Walker ' Peter Smith Mark Frayne Robert DeGasperis Suzanne McCrimmon Ron Hooper Ron Hooper ' Steven Zakem Gene Chartier Stan Stein Ted Watson Marvin Green Gail Rickard Sam Cohen Michael Patrick Anthony Turnbull Ian Smith Evelyn Rozario Bill Humber f John Wells James Vinson Carmela Cappelli i 6 �r° i , m. 'a;a x",�..a. e: rt. iL6 r y.'c ♦ a. '; f$ a �I i ca•$ d :I Tt t � REPORT NO: ESD-001.05 PAGE 2 BACKGROUND AND COMMENT r 1. BACKGROUND 1.1 Our report covers the month November, 2004. it is our intent to provide'Comrrt$tee with inforrnation relevant to this department, in a timely manner. ' 2. REPORT 2.1 The department responded to 227 ells during this period and recorded tai fire loss at $2,162,700. A breakdown of calls responded to foiloirrs in the table attached. t t 1 902 se .• • .. A! d ! !: a 'S. �:.. s+a3uaA;M vice.dZrtaN Yx'..eG Ian i =: k...r , O i n.'.. . 77=77177T—=- Via,-. � if .....:=e m.-r. A6ac INEWRMNIUMENEV „ v• 4s t if {h Y WOMME f �� ����}��'�v,•" ��T ��rs•x.. � �s..' a ... Y..Y,. C�ar�ay tgton REPORT Le��nB the w CLERK'S DEPARTMENT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 10, 2005 Report#: CLD-01-05 File#: By-law#: ' Subject: QUARTERLY PARKING REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-01-05 be received; and 2. THAT a copy of Report CLD-01-05 be forwarded to the Bowmanville Business Centre for their information. Submitted b Z. OP a m .M.C.T. Reviewed by: Franklin Wu, nicip erk Chief Administrative Officer PLB"LC`kb CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' 40 TEMPERANCE STREET, BOWMANVILLE,11 � RIO L1C 3A6 T 905-623-3379 F 905-623 506 REPORT NO.: CLD-01-05 PAGE 2 of 2 ' BACKGROUND ' The attached report shows the enforcement activity for Parking Enforcement for the third quarter of 2004. The numbers for MTO chargebacks and court fine revenue have not been ' received from the Province as of yet and will be reported on once they arrive. 1 i Attachment 1 Parking Report For The Months of July, August and September 2004 , PARKING ENFORCEMENT QUARTERLY REPORT#3 2004 ATTACHMENT#1 to Report CLD-01-05 TICKETS ISSUED Third Quarter YEAR TO DATE YEAR TO DATE YEAR TO DATE 2004 2004 2003 2002 P.E. Officers 1103 3264 3376 3985 Police 10 79 36 70 Public Works 0 0 L252 0 Group Four 11 159 198 Securitas 58 135 NIA Fire Services 0 0 2 REVENUE Meters $27, 791.00 $6,4371.42 $49,428.50 $5,4012.50 ' Permits 391.00 1,038.50 1,181.75 2,903.75 ' Fines 1,2615.00 37,212.00 42,470.00 5,725.00 MTO Chargeback (1,848.00) (6,261.75) (4,577.50) (9,248.25) igF IST APPEARANCES ' Total Conducted 32 89 109 106 #Tickets Cancelled 30 71 97 89 #Tickets Upheld 6 22 29 26 # Requests for Trial 3 12 7 10 1103 i P i3 IC rt.• ws • «61' Y 4 774 �'. I 3 w' M . • r • •. : :• _,• a • _ _�.•'• !r. ':.e z::- s-. :.A 6 • : �.• • all 1 6 : �P �;+ • •, 4f @��:: P,@ t f .; It Al `� ' .: ..A': • .•' @ P .. -.f a P`: `:. Y I' Y1� P _l A.{� •� { '. - • s - t P. #•' i I:.: S • � ali. D e Vii+ � /' 'w • •' '..:t': P • : 1 i P -; :A'.: Y :. ; • i ... • ; 'o !. ;..i P.'6.a.:, `i :�@ ; 4 •• •. + ,.. e..: fk it ; f• :.@. @.. t' 6ii a @.: P'. � i'. • PI 1. I • iYI P'. .1 Y - f 1' •I' i :MI• : :i P' � 1 _ Y' •' P a ri P Y if - P1.:@ e`it.' ;i s1 : F '< P I • •L0.• Y .• r i I; L.P 1 _ @. -i1 a f.. E� REPORT NO. C004M-05 AM4 w` Tto Vii' d fwwm hW�.�3; {iAl Ciligi Wvw voodWd fkwnw c +�.�� ,.� �^ - •i w.f Q d � r �Y M Y 4 n � 6 , h x i 7 4 A A ig s • ! ! ,• 9 a:', z AMIN • a ns i i•-> .�! ! ' :' t $9.st e r' x r � _ - � m THE CORPORATION OF e .. to el 61kc d um oORPof t47M"(W"a a 1. 'TW #*A4W 4MrKf CNA," for , at! s , Of s of briAA9llR,- i b i BY-0 NAW Z T'W#w wed tioreia M+iA li Ao [ eft sl " • y, v f , hem, R t n a ryf - I e, 1 s REPORT ' FINANCE DEPARTMENT ' Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: MONDAY, JANUARY 10, 2005 Resolution # Report#: FND-001-05 File #: By-law #: Subject: TYRONE COMMUNITY CENTRE — INTEREST FREE LOAN REQUEST Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report FND-001-05 be received; ' 2. THAT the request from the Tyrone Community Centre for an interest free loan of $2,000 to be repaid by December 31, 2005 be approved; ' 3. THAT the funds be drawn from 2004 unallocated grant account #10042-472-20999-7600. V 1 � oSubmitted by: ! Reviewed b Nancy T or, B. .A., .A., Franklin Wu, ' Director of Finance. Chief Administrative Officer. NT/hjl ' - 1301 1 REPORT NO.: FND-001-05 PAGE 2 1 BACKGROUND AND COMMENT: At the Council meeting of December 13, 2004, Council received a request from the Tyrone Community Centre for an interest-free loan for$2,000, to be repaid by December 31, 2005. The request was referred to the Director of Finance/Treasurer. As they are proposing to repay the loan within the calendar year and it is less than the ' normal annual operating grant provided to the Tyrone Community Centre, it is recommended that the request be approved. If the Tyrone Community Centre does not repay the balance by December 31, 2005, Council would have the option of deducting the outstanding amount from any approved 2006 operating grant to the Tyrone Community Centre. As the request was received prior to the end of 2004, it is recommended that the funds be drawn from the 2004 unallocated grant account. Attachment A: Request for Tyrone Community Centre Interested Parties: ' S. Rowan, Treasurer, Tyrone Community Centre 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)823-3379 F(905)8234169 - 1302 1 1 VILLAGE OF TYRONE and surroundings ' Community Centre November 16, 2004 ' 104i OV22 PM 2:32,43 Dear Patti, 1 On behalf of the Hall Board for the Tyrone Community Centre, I would like to request an interest-free loan for $2,000, to be repaid by December 31, 2005. ' "Tyrone Spirit Day" is an annual family event held in Tyrone each ' June, dating back many years. Our plan is to expand this popular event in 2005, and to put our plans in motion we need money now to ' get things going, and this current outlay will be recouped at the event. Please advise if you need any additional information from me such ' that we can be considered to receive the interest-free loan. Can you please share our request with Mayor Mutton, and all ' members of council? Sincerely,,, I ACK. BY,— GRdCF�tAL T f '3 vz' Shari Rowan - Treasurer, Tyrone Community Centre 2716 Concession Rd. 7, Box 86, Tyrone, ON, UC 3K6 Phone number (905) 263-4330 ' 1ju3 Unfinished Business Qinglhs REPORT ' ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: MONDAY, JANUARY 10, 2005 Resolution #: ' Report#: ADDENDUM TO REPORT EGD-37-03 File #: By-law#: ' Subject: DURHAM REGION PUBLIC ALERTING SYSTEM — PERMANENT EASEMENT ' Recommendations: ' It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT the Addendum to Report EGD-37-03 be received; 2. THAT Report EGD-37-03 be lifted from the table; and 1 3. THAT the recommendations contained within Report EGD-37-03 be approved. ' Respectfully by, ' Submitted by: A.S. Cannella Reviewed by: Franklin Wu Director of Engineering Services Chief Administrative Officer ASCfjo December 21, 2004 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 Addendum to Report#EGD-37-03 Page 2 ' 1.0 BACKGROUND ' 1.1 At a meeting held October 6, 2003, Council tabled Report EGD-37-03 , (Attachment No. 1) which recommended the transfer of an easement to the Regional Municipality of Durham for a public alerting siren/pole. ' The report was tabled because a public meeting had not yet been held regarding ' the overall issue of public alerting systems in Clarington. The public meeting was subsequently held on April 27, 2004 in Bowmanville and there were no significant ' concerns relating to this issue. As such, it is now appropriate to lift Report EGD-37-03 from the table, for Council's consideration. ' Attachments: Attachment No. 1 — Report EGD-37-03 ' 1 _ 02 - g' Gj REPORT ' Leading rbe way ' ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' Date: Monday, October 6, 2003 ' Report#: EGD-37-03 File #: By-law#: Subject: DURHAM REGION PUBLIC ALERTING SYSTEM — PERMANENT EASEMENT ' RECOMMENDATIONS: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ' 1. THAT Report EGD-37-03 be received; 2. THAT the Offer to Purchase an Easement (Attachment 4) granting a permanent easement, described as Part 1 on Plan 40R-21972, to the Regional Municipality of Durham be approved; ' 3. THAT the Mayor and Clerk be authorized to execute a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham; 4. THAT the Durham Emergency Measures Office be advised of Council's decision. 1 t ' Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ' ASC/LJBfjw September 30, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1gC 3A6'T 905-623-3379 F 905-623-9282 1503 PORT NO.: EGD37-03 PAGE 2 , BACKGROUND , Durham Emergency Measures Office (DEMO) is responsible for coordinating the ' design, installation and maintenance of a Public Alerting System within the Contiguous Zone of the Darlington Nuclear Generating Station that meets the standard of the ' Provincial Nuclear Emergency Plan. 1 This Public Alerting System is required under the Provincial Nuclear Emergency Plan in the event of a nuclear emergency at the Darlington Nuclear Generating Station and has ' been approved by the Municipality.of Caarington Council and Regional Councils. To this end DEMO established seventeen vicinities within the municipality where they wished to place sirens (see Attachment 1). Locations were based on the ability of the na ' site to maintain sound at a certain decibel level for a certain radius around the site. Two sites were established on MTO property, two on federal (railway) property,five on private property and seven on municipal road allowance. The remaining site required in the Baseline Road /Westside Drive vicinity was initially proposed too close to a residential area. Baseline Road R-O-W is not suitable due to the proximity of overhead ' hydro wires. Instead staff recommended a 3.66m x 3.66m pad located immediately 3s ' inside the gate to the Westside Stormwater Management Pond located on the south side of Baseline Road. , Durham Region is requesting a permanent easement on the D-06 site to allow for the ' required access for the purpose of fulfilling the requirements of the manufacturer's regular maintenance program. The Reference Plan for the D-06 site was deposited on ' May 291' and is attached (Attachment 2). The authorizing by-law and related offer to Grant an Easement are also attached as Attachments 3 and 4. ' 1 CONCLUSION ' Staff have conducted site visits to each of the municipally owned sites, and it is our view that the proposed site for location D-06 is the most appropriate for this vicinity. ' iliJ St ' REPORT NO.: EGD-03-03 PAGE 3 ' Attachments: Attachment 1 —Sire Locations Map Attachment 2— Plan 40R-21972 Attachment 3 —Authorizing By-Law ' Attachment 4— Offer to Grant an Easement 1 t � 1 w 1 E S 1 cou c z; 1 Boor st ' - m 0 1 CL S W BOWMANI/! Baseline _ 1 D i HIghwaY No.401 1 IVv g _ 1 - _ u Engineering Services j REPORT EGD-37-03 1 so,2003 v ATTACHMENT N0. 1 sear. s, A s µ' N BASELINE RDA4 1A'IJ.IJ.It[JM:IA['E SE7REfiy 6RLI+fR Fi7P,TVJ T:LN4.'Y'SS/pY/ i.Tf�E_,S.'r:.Y /,i PART 1 Oj Alt' m LOT O>I -pi 1 • Zn Ox 1 Q4 1-- ; BROKEN vo 0 J W N I UNITS : DISTANCES SNOVTT ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIMNO BY e_lnu 44W 1 r 6 I � F 1 1 • I FRONT CO JOESSION I , r 1 1 PLAN 40R-aLS KUM •w Dowfm PLAN OF SURVEY OF PART OF LOT 15, BROKEN FRONT CONCESSION TOWNSHIP OF DARLINGTON, now in the MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM BROM A CC'r"- LTD. ..;Ss. SALE - I ; 100 SURVEYOR'S CERTIFICATE •Zfafr Dur: r nrlf fVI1Kt up RW M(�aaCl•Nq_x K[pIDM'[VIM D(fX1•.YIS Kt. ME 91XKy(g4+[T+�D R'C4O M1Rff 4•i up x(11(gR+TIp15 IXDL VNDEII M[LL II[RsKr V+s flxx[RD 1N VrC rlx, C+r f u•ir(Ir.300} .ZM Wmrt D• .DUw •rrr.xD T nwKTa BEARING REFERENCE saws.f[ slwalK+ •ro uR TRr[ff[D T>D.T Ixnrw Irr a wr la ruwX+/GIIMD Di MI>TI'+D'[•f SKiIIV 4r R+M WI.Xr41 Wx'f4rrr.Y SMxpq}I,IISGpIK Mxti+l111 of AIMNr. NOTES k LEGEND ■ awns LLgff[VTAx flop a mm wwmm mV Tti••Im • M. KNI"sT•u0uq fla sM ssa. Daum Nm ST•wum x of s •. awns w •II •• KWIT TaM pI w .1. awn:.TM[fs lNal 9 lts Yo.dffi as ml c"Itf i r G[•Vas M.as •r ATTACHMENT NO.:3 ' REPORT NO.:EGD37-03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2003- ' Being a By-law to authorize an agreement between the Corporation of the Municipality of Cladngton and ' the Regional Municipality of Durham to offer to gram an easement to the Regional Municipality of Durham. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY. ' ENACTS AS FOLLOWS: t. THAT the Mayor and Municipal Clerk are hereby authorized to execute.on ' behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal,an agreement between the Regional Municipality of Durham,and said Corporation,to offer to grant an easement to the Regional Municipality of Durham for the purpose of installing a Pubic ' Alerting System siren. 2. THAT the agreement attached hereto as Schedule W form part of the Oft By-law ' By-law read a first and second time aria 20°day of October 2003. By-law read a thud time and finally passed this 20'day of October 2003. ' MAYOR MUNICIPAL CLERK t Al IAUHMtNI NV.:4 REPORT NO.:EGD-37-03 OFFER TO GRANT AN EASEMENT ' The Corporation of The Municipality of Clarington(the Vendor)hereby offers to grant to The Regional MuaicipalityofDurham(the Region)a permanent casement(the Easement)over Part of ' Lot 15, BFC in the Township of Darlington, Municipality of Clarington. in the Regional Municipality ofDurhham(the"Lands')being Part 1 on Reference Pin 40R-21972,togetherwith a right-of-way over the Vendor's remaining land,on the following terms and conditions: rrts 1.01 The Region shall pay to the Vendor the am of Two ($2.00)Dollars(the Sale Prix)of lawful money of Canada by cheque ofthe Region on Closing. ' 1.02 The Vendor acknowledges that the Sale Prix includes all compensation based upon the market value of the Easement, damages attributable to disturbance,damages for injurious affection,and any other compensation to which the Vendor may be entitled under the ExpropriadonsAct in relation to ' the Region's construction, installation, operation and maintenance of its Public Alerting Siren System and all appurtenances on the IAnds. edra,a.e ' r+..rr.. 2.01 Not Applicable ,pules Tam .fa...., 3.01 The specific terms of the Easement shall be as set our in Schedule 3 t attached to this Agreement These terns shall be attached to the TransfaMeed of Land to be registered on Closing. ' sera 4.01 This Agreement shall be completed by no later than 4:30 p.m.on the 26m Day of September, 2003 (the Closing Date or Closing), or sooner if mutmaily agreed to by both the Vendor and the Region. ' Tar 5.01 Title to the Lands shall be good and free from all registered restrictions, charges,liens and encumbrances. 5.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of my tide deed,abstract,survey or other evidence of title to the Lands except as are in the possession or control of the Vendor. If on or before 4:30 p.m.on the day which is three(3)business days prior to the ' Closing Date, the Region furnishes the Vendor in writing with any valid objection to the title which the Vendor is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, notwithstanding any intermediate acts or negotiations,shall be null and void ' Save as to any valid objections made within such time or any objection going to the root of title,the Region shall be deemed conclusively to have accepted the title of the Vendor to the Lands. ' s.." 6.01 Ifnecessary for registration purposes,the Region shall prepare,at its expense, a plan of survey for the Lands. ' LMW FM 7.01 The Region shall pay all reasonable fees for legal services required by the Vendor to negotiate and complete this transaction. Ch+n o.s..w 8.01 All documentation required to complete this transaction shall be prepared by the Region at its expense. f` � 15 s+dr 9.01 Not Applicable ' a.ra.�r 10.01 The Region shall be credited toward the Sale Price with the amount,if any, necessary for the Region to pay the Ministry of National Revenue to satisfy , the Region's liability in respect of tax payable by the Vendor under the non- residencyprovisionsofthe Income TaxAc rby reason oftbisnanasction. The Region shall not claim this credit if the Vendor delivers on completion the prescribed certificate or aaramtory declaration that the Vendor is not then a ' non-resident of Canada ', Fran ma,.Act 11.01 if applicable,if the Vendor's spouse is not on0 of the Vendors,the Vendor ' shall provide satisfactory evidence that the Vendor is not a spouse within the meaning of the Family Law Act or that the vendor's spouse has no right or interest in the Lands. osr 12.01 The Region represents and warrants that it is duly registered for GST ' Purposes under GST registration number 8123268351. The Region shall remit the GST payable in relation to this transaction to the relevant federal taxation authorities following completion of this transaction. ' 13.01 The Vendor acknowledges that them shall be no adjustments to the Sale Price on Closing for realty taxes or any other matters. rations and warranties if any,contained in this 14.01 The terms and the representations Agreement shall survive and not merge on Closing. 14.02 Time shall in all respects be of the essence provided the time for doing or ' completion of anymatterprovided for in this Agreement maybe extended or abridged by an agreement in writing signed by the parties or by their respective solicitors. ' 14.03 Any tender of documents or money may be made on the parties or their respective solicitors. ' 14.04 References herein to the Agreement shall mean the agreement consisting of this Offer executed by the Vendor and accepted by the Council of the Region. 14.05 This Agreement,including any schedules attached hereto,shall constitute the ' entire agreement between the Vendor and the Region. There is no representation, warranty, collateral agreement or condition affecting this ' Agreement or the Lands except as expressed in this Agreement 14.06 This Agreement shall be read with all changes of gender or number required by the context. ' 14.07 The heirs,executors,administrators,successors and assigns of the Vendor shall be bound by the terms of this Agreement 14.08 This Agreement is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Au. 14.09 The mailing address of the vendor is: ' Municipality of Clarington Municipal Office 40 Temperance Street IBowmanville ON L1C 3A6 ' 1 _ 1aiJ 1 _3_ ' L"mofomr 15.01 This Offer shall be irrevocable by the Vendor until the 29&day.-Of August. 2003,after which,if not accepted by the Council of the Region,it shall be null and void. ' The Corporation of the Municipality of Clarington hereby executes this Offer dated at ' this_day of 2003. ' John Mutton,Mayor ' Patti L.Barrie,Municipal Clerk tThe Region hereby executes this Offer this day of 2003. ' THE REGIONAL MUNICIPALITY OFDURHAM Roger Anderson,Regional Chair P.M.Madill,Regional Clerk 1 � 1i SCHEDULE'A' aDMONAL COVENANTS The transferor hereby grant,transfer and convey unto the transferee the free,uninterrupted and unobstructed right and easement to construct.operate and maintain such public slat siren system together with any and all appurtenances thereto as may be required from time to time on,in. , across,under and through the lands da ebbed herein(the'La &*); TOGETHER WITH the right of the transfers and its savants.agents,contractors and wor=m with all necessary materials,equipment,machinery and vehicles to enter upon the Lands at all times and to pass and re-pass thereon for the purposes of installing,concocting'reconstructing' anunining,altering,maintaining,repair&renewing or replacing the said public alert siren system or any pat thereof whether or not anY.part to be so constructed,installed,repaired, renewed,altered,replaced or maintained is situated on the Leadx TO HAVE AND TO HOLD the said easement or right in the nature of an easement on,in, across,under and through the Lands unto the transferee for the transferees sole use forever, AND the transferors covenant with the transfers(d)to keep the Lands free and clear of any buildings structures or obstructions;(ii)not to deposit on or remove any fill from the Lands'and CQ not m do or suffer to be done any other thing which may or might iniure or damage salt of the works of the transferce herein; ' AND the transferors bovenam with the transferee that they have the right to convey the said rights and easement to the transferm notwithstanding any act of the transferor; AND the narrsferee shall have quiet possession of the said rights and easement.free from all encumbrances; AND the transferors covenant with the transferee that they will execute such further assurances of the said rights and easement as may be required; AND the transferors hereby release to the transferee all claims upon the estate herein conveyed for the rights hereby granted; AND the transfers covenants and agrees with the transferor that it will fill in all excavations and,as far as is practicable,restore the lands and premises to the condition existing prior to any entry thereon to exercise the rights hereby granted; 1T IS UNDERSTOOD and agreed that the burden of this easement and of all the covenants herein contained shall run with the Lands and that this easement and all the covenants herein contained shall be binding upon and enure to the benefit of the parties hereto and their respective heirs,excanoM administrators,successor and assigns. i I 1 1 ` 1 1 1 1 1 1 1 HANDOUTS/CIRCULATIONS 1 1 FOR GPA 1 1 1 1 1 1 1 1 1 Jca ' PORT Horr.AxrA INITIATIVE Update m 1 " � x ' 10 January 2E10� a" 41' 1ac� u AN3' cr g jro Port Granby Long-Term Low-Level Radioactive ' Waste Management Project Update 1. Environmental Assessment 2. Clean-up Criteria ' 3. Design and Licensing 4. Public Consultation 5. Next Steps ' Low-Level Radioactive Waste Management Office Q 1 t 1 Fxorscr Preview of Effects Assessment Study Results ' Atmospheric Environment SENES Consultants Ltd. io Worst case scenarios were used to calculate dust, odour, radon and noise effects ' Work management and dust control practices will ensure off-site air quality standards are ' met (including radon and radioactive dust) Truck traffic and construction noise would be ' mitigated where possible, but effect will be considered in human and wildlife effects assessments ' Low•Level Radioactive Waste Managemeffl Office $ ' _ - N\ CGIII m fkL4�RL'L Preview of Effects Assessment Study Results ' Terrestrial Environment- Plants & Animals AMEC Earth &Environmental ' Excavation of waste at existing facility would improve soil quality, groundwater and surface water affecting plants and animals favourably ' Losses of vegetation due to the project would have a minimal effect on wildlife and shoreline wildlife corridors would be restored �± Mitigation measures include seasonal sensitivity ' and landscape enhancements to reduce noise and encourage wildlife habitation ' Lo Level Radioactive Waste Management Office 6 (�X3'('i1L1N➢1 Yrarecr Preview of Effects Assessment Study Results Social and Economic Environment Gartner Lee Limited Study recognizes peaceful rural community a ization of results of natural environment effects assessment reports Preliminary results show no major effects on Clarinaton and local study area population, business and economic development ' =oi Mitigation r�r ensures are proposed f2Leffects on individual residents and farmers most likely to be affected LovrLevel Radioactive Waste Management Office 9 - Potts taovuxz Puo)[u' Preview of Effects Assessment Study Results Human Health and Safety Considerations Golder Associates 14 Study requires results of all other effects — 3 w L Ib( ,, assessment reports to be complete All human health and safety effects are being assessed on the basis of worst case exposure scenarios and specialized behaviours/diets for adults, children and infants Health risk assessments consider hypothetical area and adjacent residents � w � VV Ire -�•� Lovv Level Radioactive Waste Management Office 10 P&,.-, ) ' Public Consultation -�+- LC 4 Jan. 18, 2005 Newtonville Hall - preview of Effects Assessment- reporting back to public Early Feb 2005- Council presentation - draft effects ' assessments reports become public 4* Feb 22, 2005 Newtonville Hall - Draft EA Study Report presented to public Mid-March - Municipal PRT review made public Late March - Council comments on "preferred option" before EA Study Report submitted to decision makers ' Lo Level Radioactive Waste Management Office 13 Aft PORT cl�g� 7 I Next Steps ��fk� I A Municipal Peer Review of Socio-economic and Human Health and Safety Effects Assessment studies Municipal Review of Draft EA Study Report 4 Submission of EA Study Report to RAs �u '�bm"� 0 RAs conduct 60 day expert federal review emi RAs prepare draft EA Screening Report Public and municipalities consulted on draft Screening Report prior to finalization Design and development continues towards a CNSC licence decision in late 2006 Low-Level Radioactive Waste Management Office ' 1*1 NanM Resources RessourcesnaNreHes � Canada T Canada Careda AD EAR 1 tab G'�PA ' `COMMERCIAL . POLICY REVIEW ' Municipality of Clarington �J ��MERIDIAN ODUCTION .I p YFeview current policies and structures nson'tation infrastructure needs -- ' insure vitality of Central Areas — — Assess future needs to 2021 ..'arming Process Background Research-planning,market, , -urban design and transportation -- – Consultation-public meetings,workshops fill, )ECTIONS ' i - 'de choice to consumers ' port the'main street'concept — — .--- ide municipal support for downtowns mote Clarington shopping Clarington s development in urban centres vneanville as the regional centre 1 1 (TANALY ' et growth,Base,I ighir receptors itional 35,800 persons by 2021 ' ents currently spending significant lays outside Clarington (� 0, _�� � IONIMY � U s oZ � �� Q� -�„Sy� owl - l.'..w.A 1 ��a ;WARRANTED' - .2010,approximately 168,000 sq ft.of it space would be warranted beyond — — "--- ' _sting,committed and proposed new — — ce in the recommended centres 550,000) 2021,over 1,000,000 sq.ft.would be - ' arcanted by the market _ f 'iftpoiu� NPACT$ �wth and rocapture nillcant base of demand ies hased,new development ry minimal impact i 2 e 1 a 11 0 Da P �NSPORTATIOI � road system is critical to-main _. /� � w)� ['concept ;� 1 ; _._._ comprehensive study of transportatlo .pact and need in WBMCA is needed Y 1 ijMFAW1IM a, (an Design v -� -design gul Itiie! or acadas ►edeatrian infrastructure 8 streetscaping — -- ►arkMg areas Loric downtowns �IMIII development port to be released soon 1 ),rcauiy 3 ATIONS Iwo -- ture of Clarington ter the regional centre consisting of BW BE ' 'ntl ue to provide policy support for castle,Courtice and Orono centres not designate any major new mmercial areas 1JMERMI DESIGn NAFIOFI namig the larger centres is ' ommended manville Regional Centre- Bowmanville f town and Downtown �urtice West District, Newcastle Village _ wntown — ' !eview of local and neighborhood centres — -- ,ighway Commercial areas rationalized �NERIUyM SA FERRED APP RO "' r�,O _ On . �tely integrate market,urhaw n use compatibility and transp 1A S - � actives in the approval process ^ ( — •I — Lk1A ' ide less restrictive commercial policies gh a simplified hierarchy ase new development according to aicipated demand without regard for the ._ f>o of store,limit certain uses mphasize municipal initiatives to foster the alth of downtowns Focus development In the urban centres iin[gipfR 4 1 it ' Scenario B: _ 2021 - NET ADDITIONAL WARRANTED SPACE IN CLARINGTON (net of proposals evaluated) (Excludes sales transitions from existing stores,the opportunity for sales transfers from one store category to another,and increased recapture opportunities) I 700,000 _ ' 600,000 1 500,000 1 400,000 -- — -- -- — — m 300,000 _ 200,000 — -- 100,000 5 Xt 0 Supermarket Department Store Other DST M Home Improvement Home and Auto it Specialty Food A High SaleslSq FL Range 109 700 61.300 313,900 26.100 63,000 29.000 ' I Lower SaleslSq.Ft.Range 14t 700 117.300 580.900 6Z,10 86,000 i. 47,000 ' Scenario B: 2010 - NET ADDITIONAL WARRANTED SPACE IN CLARINGTON ' (net of proposals evaluated) (Excludes sales transfers from existing stores,the opportunity for sales transfers from one store category to another,and increased recapture opportunities) 100,000 - 80,000 60,000 40,000 ' s 20,000 u 0 j� -20,000 �, s -40,000 — -60'000 Supermarket Department Store Other DSTM Home lmprovemenl Home and Specialty FOOtl m High SaleslSq.Fl.Range �'i 21,]00 -17,700 -42,100 -16,900 22,000 -4,000 lower Sales/Sq.Ft.Range 34,700 13.300 82,900 5.100 29,000 3,000 — i 1L Leading the{Yay MEMO TO: Mayor and Members of Council FROM: David J. Crome, Director of Planning Services DATE: 7 January 2005 RE: PLANNING SERVICES REPORT PSD-002-05 ' Please find attached a revised Page 3. The changes are identified in bold italics. Thanks. 1 ' David J. Crome /df 1 1 ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET,ROWMANBILLE,ONTARIO LTC 3A6 T19051623-3379 F 19051623-0830 ' REPORT NO.: PSD-002-05 REVISED PAGE 3 ' 4.0 BACKGROUND 4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-96013 on December 9, 1997 for Port of Newcastle Phase II. The area subject to the amendment was approved for 33 single detached dwellings, 160 semi-detached/linked dwellings and a Block for Future Use. 4.2 On October 27, 2004 Staff received an application to amend Zoning By-law 84-63. The ' application to amend a portion of Draft Approved Plan of Subdivision 18T-96013 was received on November 8, 2004. Both applications were subsequently revised on November 24, and December 3, 2004. The applicant wishes to revise the draft approved 113 lots (193 units) to 142 lots (153 units). Lots for 92 single detached dwellings are also proposed on a Block that was previously identified for future use. Kaitlin Homes Ltd. intends to develop the lands within the future use block, while Kylemore Homes plans to develop the remainder of the lots subject to this application. 4.3 The following chart illustrates the differences between the Draft Approved Plan of ' December 9, 1997 and the current proposal. TABLE 1 (IOV 10.9 m Singles 6 13.7 m Singles 174 13.8 m Singles 33 ' 16.8 m Singles 43 11.6 m Semi/Link 86 9.0 m Semi/Link 74 ' 10.95 m Semi/link 22 Total 193 245 Future Use Block ha 4.492 N/A Net Residential Area ha 8.074 12.770 Net Residential Density units/ha 23.9 1 19.185 ' 5.0 OFFICIAL PLAN CONFORMITY ' 5.1 Durham Region Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. The ' predominant use of the lands within the Living Area designation shall be for housing purposes. The application conforms. 5.2 Clarington Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential. The lands are within the Port of Newcastle Neighbourhood, which has a population allocation of 2800 and a housing unit target of 1075. A total of 1006 units are available 1 1 C ' Leading the Way �� MEMO 1 TO: Mayor Mutton & Members of Council 1 FROM: Anne Greentree, Deputy Clerk 1 DATE: January 10, 2004 1 RE: General Purpose and Administration Meeting, January 10, 2005 1 Please be advised of following changes to the agenda page of the General Purpose and Administrative meeting to be held on January 10, 2005: ' • Delegation to be added; ❖ Lee Foster— Fund Raiser for C.O.P.E. for Mental Health 1 • Presentation has been moved until the January 24, 2005 meeting; 1 Region of Durham —Adelaide Ave. Extension i i j C. Anne Greenfree, BA, A.M.C.T. ' Deputy Clerk 1 CAG*cd cc: F. Wu, Chief Administrative Officer ' Department Heads 1 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO UC 3A6 T(905)623-3379 F (905)623-6506 Clarin 11 MEMO Leading the Way ' PLANNING SERVICES To: Mayor and Members of Council ' From: David J. Crome, Director of Planning Services Date: Janu-n y 5, 2005 Subject: REQUEST TO WAIVE MINOR VARIANCE FEES TAMARA BOUCHER AND DANIEL MOORE 215 GUILDWOOD DRIVE, BOWMANVILLE Background Ms Tamara Boucher and Mr. Daniel Moore reside at 215 Guildwood Drive in Bowmanville. In September, 2004 Ms Boucher approached the Planning Services Department regarding the ' placement of a swimming pool on her property. During the pre-consultation process, Staff advised Ms Boucher that the placement of the swimming pool would be in the front yard as defined by the zoning by-law, and therefore would require a minor variance to reduce the ' setback from 6 metres to 1.2 metres. (See Attachment 1) At that time Ms. Boucher was prepared to make the minor variance application, but refused to ' pay the fee, stating that the Municipality should not have approved an irregular lot with many constraints. In May 2004, Ms. Boucher and Mr. Moore, through their solicitor, requested an exemption from Section 4.2 of the Fence By-law, which prohibits the construction of fences in excess of 4 feet in front yards in order to construct a 6 foot fence. The matter was referred by Council to the Clerks Department for review with authorization to exempt Ms. Boucher and Mr. Moore from the 4 foot height limitation. ' In November, Ms Boucher and Mr. Moore met with Mayor Mutton and Staff of the Planning Department and requested to waive the fee for the variance. They also requested that future applications and fees be waived where required for home improvements. ' Lot Configuration The subject site, 215 Guildwood Drive, is a large irregular shaped corner lot with frontage on ' both Guildwood Drive and Sprucewood Crescent. By definition in the Zoning By-law to determine yard setback requirements, the frontage is defined as being the narrower of the street frontages, which is on Sprucewood Crescent. The front yard setbacks are measured from Sprucewood Crescent and therefore the exterior side yard is on Guildwood Drive. The house and driveway however are oriented towards Guildwood Drive, being the true exterior side yard. ' CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0830 + AS klo 400 qn • r Z14 { t ➢ 3J6 +r o.9 \ ! -- -- E 4 1 Sew t5.14 : N A` . _ a 'fir s I Im dpAb /40 r v 7.5o.I , .sz S R1N 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ' GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ' DATE; January 10, 2005 MOVED BY: SECONDED BY; THAT the planning fees be waived for an application to the Committee of Adjustment by Tamara Boucher and Daniel Moore to permit a swimming pool in the defined"front yard" of 215 Guildwood Drive.