HomeMy WebLinkAbout03/29/2005
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g~ipgton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
March 29, 2005
TIME:
7:00 P.M.
PLACE:
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of March 7, 2005 301
4. PRESENTATIONS
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(a) Dave Hardy, Hardy Stevenson and Associates Ltd., Peer Review
Team for the Port Granby Project
5. DELEGATIONS
(a) Glen Murphy, regarding ZBA 2004-045 Liberty Street Developments
(Addendum to Report PSD-014-05 - Unfinished Business)
(b) Gerry Mahoney, regarding the Port Granby Project (Report PSD-041-05)
(c) John Stephenson, representing the East Clarington Ratepayers
Association, regarding Port Granby Project (Report PSD-041-05)
(d) Barbara Spencer, regarding Port Granby Project (Report PSD-041-05)
(e) Harvey Thompson, regarding Port Granby Project (Report PSD-041-05)
6, PUBLIC MEETINGS
(a) Application to Amend Zoning By-Law 84-63 501
Applicant: 16138338 Ontario Inc.
'-' Report: PSD-037 -05
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
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G.P. & A. Agenda - 3- March 29, 2005
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8. ENGINEERING SERVICES DEPARTMENT
(a) EGD-07-05 - Confidential Report - Property Matter
(Distributed Under Separate Cover)
(b) EGD-08-05 - Monthly Report on Building Permit Activity 701
for February, 2005
(c) EGD-10-05 - Confidential Report - Property Matter
(Distributed Under Separate Cover)
9. OPERATIONS DEPARTMENT
No Reports
10. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-004-05 - Monthly Response Report - February 2005 901
11. COMMUNITY SERVICES DEPARTMENT
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12. CLERK'S DEPARTMENT
No Reports
13. CORPORATE SERVICES DEPARTMENT
(a) COD-015-05 - Fair Wage Schedule 1201
14. FINANCE DEPARTMENT
No Reports
15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
No Reports
16. UNFINISHED BUSINESS
(a) Addendum to PSD-014-05- Liberty Street Development Inc. 1501
Applicant: Tunney Planning
......
17. OTHER BUSINESS
18. ADJOURNMENT
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C!9!;!I)glon
General Purpose and Administration Committee
Minutes
March 7, 2005
Minutes of a meeting of the General Purpose and Administration Committee held on Monday,
March 7, 2005 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Deputy Treasurer, L. Gordon
Senior Planner, Community Planning, R. Holy
Director of Operations, F. Horvath
Manager, Special Projects, F. Langmaid
Director of Corporate Services, M. Marano
Director of Emergency Services, G. Weir
Planner, Community Planning & Design, J. Wijesundar
Deputy Clerk, A. Greentree
Clerk II, C. Doiron
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #GPA-115-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the minutes of the regular meeting of the General Purpose and Administration Committee
held on February 21, 2005, be approved.
CARRIED
301-1-
General Purpose and Administration Committee
Minutes
March 7, 2005
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PRESENTATIONS
(a) Suzanne McCrimmon, Business Development Manager, Clarington Board of Trade, gave
the Board's annual presentation to the Committee. Ms. McCrimmon stated that the vision
statement of the Clarington Board of Trade, as created in 2004 at their Strategy Session, is
to "pursue and sustain a strong and diversified economic community while maintaining an
excellent quality of life." Ms. McCrimmon presented to the Committee the status of the
goals that were prioritized and the new initiatives that were set out during the Council/Board
Strategy session in April of 2004.
In 2004 the Clarington Board of Trade had experienced healthy growth with membership.
They continued to develop community partnership through events such as Winter
WonderLearn, Rick Hansen, Terry Fox, Rotary and the newly formed partnership with the
Clarington Business Group.
DELEGATIONS
(a) David Burns, Durham Christian Academy spoke in regards to Report PSD-033-05. Mr.
Burns stated that Mr. Ing would be speaking on his behalf.
(b) William lng, Durham Christian Academy spoke in regards to Report PSD-033-05. Mr. Ing
stated that the Durham Christian Academy had been in business for 20 years and has
approximately 96 students. It is their intention to have the school open for September
2005. Mr. Ing stated that the concerns raised at a Public Meeting by the area residents,
including the lighting direction, motorized vehicles, and contaminated well water, have all
been resolved. Mr. Ing is concerned with a Holding Symbol being placed on the proposed
application. He said that there is an urgency to have this application passed by Council as
their lease for their current location expires in June. At this time, they are not interested in
constructing a gym and therefore request Council to remove the holding symbol. Mr. Ing
thanked the Planning Department for all their hard work and dedication to this application.
(c) Tracy Hamilton spoke in opposition to a High Density Housing Development in the Aspen
Springs area. Ms. Hamilton stated that her family would not have purchased their home if
they knew that they would be living across from apartments, she feels that the Developer
has misinformed the residents of the Aspen Springs area. She also feels that there will be
no privacy in her backyard if these apartments are to be erected. Ms. Hamilton feels that it
would a benefit to the local residents to have an underpass in the Aspen Springs area. She
feels that adding more people to the area is just adding to the traffic problems, and that
over development would be irresponsible. She is not opposed to development, but is
opposed to too much development in one area.
302 -2-
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General Purpose and Administration Committee
Minutes
March 7, 2005
(d) Noel Agius spoke in opposition to the High Density Housing Development proposed for the
Aspen Springs area. Mr. Agius stated that he had purchased his home eleven months ago,
and was not aware of the High Density Application. He feels that if this application is
approved it will cause trouble, and stated that he believes condensed housing causes
condensed problems. Mr. Agius thanked the Members of Council for their time and
requested that the application be denied.
(e) Kathryn Pellerin spoke in oposition to the High Density Housing Development application
for the Aspen Springs area. Ms. Pellerin mentioned that the people in the community are
concerned with the high density application that has been submitted to the Committee.
She mentioned that her family enjoys the small town lifestyle. She acknowledges that
Clarington is going to grow and develop, but she stated that too much development in an
area can create social problems. Ms. Pellerin confirmed that she would not be opposed to
condominiums being developed on the site.
Councillor Schell chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject:
Applicant:
Report:
Application to Amend the Zoning By-law -84-63
Zoning By-law Amendment to Permit the Construction of Five Residential
Dwellings
Baywood Homes
PSD-030-05
Faye Langmaid, Manager, Special Projects, gave a verbal report pertaining to Report PSD-
030-05.
No one spoke in opposition to or in support of this application.
Bryce Jordan, Sernas and Associates, spoke on behalf of the applicant. He thanked the
Planning Staff for bringing this matter to Committee, and advised that he was available for
questions.
(b) Subject:
Applicant:
Report:
Application to Amend the Clarington Official Plan
Official Plan Amendment Application to Permit Low and Medium Density
Residential Uses
First-Tech Mechanical Limited & Maria Wulczyn
PSD-031-o5
Richard Holy, Senior Planner, Community Planning gave a verbal report pertaining to Report
PSD-031-05.
No one spoke in opposition to or in support of this application.
303- 3 -
General Purpose and Administration Committee
Minutes
March 7, 2005
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Peter Weston, spoke on behalf of the applicant, and stated he was in agreement with the
staff recommendations.
PLANNING SERVICES DEPARTMENT
ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF FIVE RESIDENTIAL
DWELLINGS
APPLICANT: BAYWOOD HOMES
Resolution #GPA-116-05
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Report PSD-030-05 be received;
THAT provided there are no significant issues raised at the public meeting, the rezoning
application submitted by Baywood Homes be approved and that the Zoning By-law Amendment
attached to Report PSD-030-05 be adopted by Council; and
THAT all interested parties listed in Report PSD-030-05 and any delegations be advised of
Council's decision.
CARRIED
OFFICIAL PLAN AMENDMENT APPLICATION TO PERMIT LOW AND MEDIUM DENSITY
RESIDENTIAL USES
APPLICANT: FIRST-TECH MECHANICAL LIMITED AND MARIA WULCZYN
Resolution #GPA-117-05
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report PSD-031-05 be received;
THAT the application submitted by Weston Consulting Group Inc. on behalf of First-Tech
Mechanical Limited and Maria Wulczyn be referred back to staff for further processing and the
preparation of a further report following the receipt of all outstanding information and agency
comments; and,
THAT all interested parties listed in Report PSD-031-05 and any delegations be advised of
Council's decision.
CARRIED
304 -4-
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General Purpose and Administration Committee
Minutes
March 7, 2005
ORONO COMMUNITY IMPROVEMENT PROGRAM APPROVAL
Resolution #GPA-118-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-032-05 be received;
THAT the Orono Community Improvement Plan Document, dated February 2005 (distributed
under separate cover) be approved;
THAT the By-law attached to Report PSD-032-05 to amend By-law 2003-124 be approved;
THAT the necessary By-law contained in Attachment 2 to adopt Section 5 and Figure 1 of the
Orono Community Improvement Plan document as the Community Improvement Plan pursuant to
subsection 28(4) of the Planning Act be approved;
THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-032-05
and Council's decision; and
THAT all interested parties listed in Report PSD-032-05 and any delegations be advised of
Council's decision.
CARRIED
PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A PRIVATE ELEMENTARY
SCHOOL
APPLICANT: DURHAM CHRISTIAN ACADEMY
Resolution #GPA-119-05
Moved by Mayor Mutton, seconded by Councillor Trim
THAT Report PSD-033-05 be tabled to allow staff to consider the changes to the application as
expressed by William Ing earlier in the meeting.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: PORT OF NEWCASTLE HOMES LIMITED
Resolution #GPA-120-05
Moved by Councillor Ping Ie, seconded by Councillor Foster
THAT Report PSD-034-05 be received;
305.5.
General Purpose and Administration Committee
Minutes
March 7,2005
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THAT the application submitted by Port of Newcastle Homes Limited to remove the Holding (H)
symbol be approved for Lots 1-19 on Plan 40M-2226;
THAT the by-law attached to Report PSD-034-05 to remove the Holding (H) symbol be passed
and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-034-05 and any delegations be advised of
Council's decision.
CARRIED
BOWMANVILLE COMMUNITY IMPROVEMENT PLAN
Resolution #GPA-121-05
Moved by Councillor Trim, seconded by Councillor MacArthur
THAT Report PSD-035-05 be received;
THAT the By-law attached to Report PSD-035-05 amending By-law 2003-186 be approved; and
THAT all the Community Focus Group for the Bowmanville CIP be advised of Council's decision.
CARRIED
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
Resolution #GPA-122-05
Moved by Mayor Mutton, seconded by Councillor Robinson
THAT Report EGD-06-05 be tabled.
CARRIED
OPERATIONS DEPARTMENT
There were no items considered under this section of the agenda.
EMERGENCY SERVICES DEPARTMENT
There were no items considered under this section of the agenda.
306 -6-
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General Purpose and Administration Committee
Minutes
March 7. 2005
COMMUNITY SERVICES DEPARTMENT
There were no items considered under this section of the agenda.
Councillor Foster chaired this portion of the meeting.
CLERK'S DEPARTMENT
USE OF MUNICIPAL BUILDINGS
Resolution #GPA-123-05
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report CLD-07-05 be received;
THAT the policy addressing Political Activity attached to Report CLD-07-05 as Attachment No.1
be adopted by Council; and
THAT all Boards operating municipal facilities be advised of the policy and forwarded a copy of
Report CLD-07-05.
CARRIED
VOLUNTEER SERVICE AWARDS - 2005
Resolution #GPA-124-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report CLD-09-05 be received; and
THAT the Volunteer Recognition Event for 2005 be held on Wednesday, April 20, 2005.
CARRIED
ORONO CEMETERY BOARD
Resolution #GPA-125-05
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Report CLD-010-05 be received;
THAT the Orono Cemetery Board be accepted as a Committee of Council;
307_7_
General Purpose and Administration Committee
Minutes
March 7, 2005
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THAT a member of Council be appointed as Council's liaison to the Orono Cemetery Board; and
THAT the Orono Cemetery Board and the municipality's insurers be advised of Council's decision.
CARRIED AS AMENDED
LATER IN THE MEETING
(SEE FOLLOWING AMENDING MOTION)
Resolution #GPA-126-05
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Councillor Trim be appointed as a member to the Orono Cemetery Board.
CARRIED
The foregoing Resolution #GPA-125-05 was then put to a vote and "carried as amended".
PUBLIC SAFETY RELATED TO DOGS STATUTE LAW AMENDMENT ACT, 2005
Resolution #GPA-127-05
Moved by Councillor Schell, seconded by Councillor Trim
THAT Report CLD-11-05 be received for information.
CARRIED
Resolution #GPA-128-05
Moved by Mayor Mutton, seconded by Councillor Schell
THAT Committee recess for 10 minutes.
CARRIED
The meeting reconvened at 10:35 a.m.
Mayor Mutton chaired this portion of the meeting.
308 -8-
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General Purpose and Administration Committee
Minutes
March 7, 2005
CORPORATE SERVICES DEPARTMENT
OSHAWAlCLARINGTON ASSOCIATION FOR COMMUNITY LIVING AND JOHN HOWARD
SOCIETY LEASE AGREEMENTS
Resolution #GPA-129-05
Moved by Councillor Trim, seconded by Schell
THAT Report COD-009-05 be received;
THAT the Lease agreement (Attachment #1to Report COD-009-05) with the Oshawa/Clarington
Association for Community Living in the amount of $11 ,449.46 per annum for one (1) year term be
approved;
THAT the Lease agreement (Attachment #2 to Report COD-009-05) with the John Howard
Society in the amount of $11 ,449.46 per annum for one (1) year term be approved; and
THAT the By-laws attached to Report COD-009-05 marked Attachment #3 and Attachment #4 be
approved authorizing the Mayor and the Clerk to execute the necessary agreements.
CARRIED
REQUEST FOR PROPOSAL RFP2004-4 - NEWCASTLE VILLAGE FACILITY STUDY
Resolution #GPA-130-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-010-05 be received;
THAT the proposal received from Monteith Brown Planning Consultants, London, Ontario being
the most responsive bidder meeting all terms, conditions and specifications of Request for
Proposal RFP2005-4 be awarded the contract for the provision of a Facility Study for the Village of
Newcastle at an estimated cost of $39,182.50 plus GST; and
THAT the funds in the amou nt of $39,182.50 plus GST, allocated in the 2005 current budget, be
drawn from the Community Services Department Consulting Account # 100-42-130-10085-7160,
FORTHWITH.
CARRIED
FIRE STATION #4,3289 TRULLS ROAD, COURTICE
Resolution #GPA-131-05
Moved by Councillor Schell, seconded by Councillor Foster
309-9-
General Purpose and Administration Committee
Minutes
March 7, 2005
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THAT Report COD-011-05 be received;
THAT the property and building located at Firestation #4,3289 Trulls Road, Courtice, Ontario be
declared surplus;
THAT staff be authorized to obtain a property appraisal for the subject property; and
THAT staff enter into negotiations with the regional Municipality of Durham for sale of the subject
property, FORTHWITH.
CARRIED
PUBLIC SECTOR SALARY DISCLOSURE ACT
Resolution #GPA-132-05
Moved by Councillor Pingle, seconded by Councillor Schell
THAT Report COD-012-05 be received; and
THAT in accordance with the Public Sector Salary Disclosure Act, the appropriate Ministry be
notified, which employees, if any, were paid a salary of $100,000 or more (as defined in the Act),
for the year 2004.
CARRIED
REQUEST FOR PROPOSAL RFP 2004-14- DOCUMENT IMAGING
Resolution #GPA-133-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-013-05 be received;
THAT the proposal received from IKON Office Solutions, Inc., Mississauga, Ontario being the
most responsive bidder meeting all terms, conditions and specifications of Request for Proposal
RFP2004-14 be awarded the contract for the provision of a Document Imaging Software for the
Clerks Department at an estimated revised cost of $51 ,480.00 plus GST; and
THAT the funds for the amount of $51 ,480.00 plus GST, be financed from the Records
Maintenance Reserve and be drawn from the Clerks Department Account # 110-19-130-81906-
7401, FORTHWITH.
CARRIED
310 -10-
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General Purpose and Administration Committee
Minutes
March 7, 2005
EARLY TENDER CALLS
Resolution #GPA-134-05
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report COD-014-05 be received; and
THAT staff be authorized to advertise and issue tenders in advance of the 2005 Capital Budget
approval for the requirements identified in the body of Report COD-014-05.
CARRIED
FINANCE DEPARTMENT
MAYOR & COUNCILLORS' REMUNERATION & EXPENSES FOR 2004
Resolution #GPA-135-05
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report FND-003-05 be received for information.
CARRIED
CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
There were no items considered under this section of the agenda.
UNFINISHED BUSINESS
There were no items considered under this section of the agenda.
OTHER BUSINESS
Resolution #GPA-136-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT the presentation of Suzanne McCrimmon, Business Development Manager, Clarington
Board of Trade be received with thanks.
CARRIED
311_11_
General Purpose and Administration Committee
Minutes
March 7, 2005
Resolution #GPA-137-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT the presentations of Tracy Hamilton, Noel Agius, and Kathryn Pellerin be referred to staff
for consideration.
CARRIED
HEAL THCARE FUNDING
Resolution #GPA-138-05
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS healthcare funding in Durham is $775 less per person than for that of the average
Ontarian; and
WHEREAS this gap will continue to spread as Durham receives less than our fair share of new
healthcare funding to care for our growing and aging population; and
WHEREAS rural and multi-site hospitals across Ontario serve over 3 million residents and incur
proven, unavoidable and additional operating and capital costs; and
WHEREAS the funding formula unfairly compares and penalizes multi-site hospitals, like
Lakeridge Health with four hospitals and twenty-one (21) satellites, to those operating under a
single roof; and
WHEREAS for the government's hospital funding approach under-funded Lakeridge Health by
$42 million over the past three (3) years - jeopardizing and rationing the care of Durham patients
by our dedicated nurses, physicians and support staff; and
WHEREAS even while incurring higher operating costs being a multi-site and rural hospital,
Lakeridge Health costs are still 30% ($1,400 per case) less than the downtown Toronto Hospitals
($3,400 vs. $4,800); and
WHEREAS the residents of Durham are contributing $109 million, far more to Queen's Park from
the new health tax, than they are receiving in new hospital funding (less than $6 million); and
WHEREAS Durham Region is one of Ontario's highest need jurisdictions in terms of additional
physicians, which places additional burdens on hospitals and other health care services,
THEREFORE BE IT RESOLVED:
THAT the Municipality of Clarington call on the Government of Ontario and the Minister of Health
and Long-term Care to immediately implement the recommendation of the Joint Policy and
312 - 12 -
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General Purpose and Administration Committee
Minutes
March 7,2005
Planning Committee (Ministry of Health and Ontario Hospital Association) to establish a
permanent solution for additional funding for rural and multi-site hospitals; and
FURTHER THAT the Joint Policy and Planning Committee be tasked with the review of the link
between physician shortages and additional healthcare (hospital and community) costs and make
recommendations on a funding formula adjustment; and
FURTHER THAT additional funding be provided to rural and multi-site hospitals that are in
financial distress due to the successive and yearly penalties imposed by the unfair funding
formula; and
FURTHER THAT the patients, healthcare staff, nurses and physicians of Durham receive their fair
share of healthcare funding by providing hospitals and community-based healthcare services (like
the Community Care Access Centres) with additional funding sufficient to serve our growing and
aging population.
CARRIED
ADJOURNMENT
Resolution #GPA-139-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting adjourn at 10:50 a.m.
CARRIED
MAYOR
DEPUTY CLERK
313_13_
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Public Meeting
REPORT I PDS-037-05
16138338 ONTARIO INC.
DEVELOPMENT APPLICATION BY:
. CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
. 16138338 ONTARIO INC.
AN APPLICATION TO AMEND THE ZONING BY 4.AW 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 application submitted by 16138338 Ontario Inc. would perm~ a two storey, 385 m2 building conlaining a Iim~
number of commercial uses induding pet grooming services, retail and business or professional office uses.
The subject property is located in Part Lot 13, Concession 1, former Town of Bowmanville, at 42 Scugog Street,
Bowmariville (as shown on reverse).
Planning File No.: ZBA2005-005
PUBLIC MEETING
The Municipality Of Clarington will hold a public meeting to provide interested parties the opportunity to make
comments, identity issues and provide add~ional information relative to the proposed development. The public
meeting will be held on: . .
ANY PERSON may attend the public meeting and/or make written or verbal representation e~er in support of or in
oppos~ion to the proposal. The start time listed above reflects the time .at which the. General purpose and
Administration Committee Meeting commenceS.
Tuesday, March 29,2005
7:00 .p.m.
Council Chambers, 2"" Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville, Ontario
DATE:
TIME:
PLACE:
If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting
on Monday, April 4, 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, March 30'h, 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 AmendmenL you must submit a written request to the Clerk's DepartmenL 2rid Floor, 40
Temperance Street, BowmanviUe, Ontario L1C 3A6.
Additic-nal information relating to t'1e propose! is availab!e mr i!1s~ionbetween 8:00 a.m. and-5:00 p.m. .at ,the
Planning Services Department, 3'" Roor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Susan
Ashton at (905) 623-3379 extension 218 or by e-mail atsashton@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 wrilIen submissions
before thEiproposed Zoning Byelaw Amendment is approlled, the Ontario Municipal Board may dismiss all or part of
the appeal.
I Dated ~at the MU;icipalilY of Clarington this
I~Cro&::.#
V Director of Planning Services
Municipalilyof Clarington
25tb day Of February 2005.
40 Temperance Street
Bowmanllille, Ontario
L1C 3A6
501
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Valley Lands to be Conveyed
to the Municipality of Clarington
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Owner: Wilmore Limited
Applicant: 16138338 Ontario Inc.
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CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
Public Meeting
REPORT # PSD-038.05
T.TIMMINS
EVELOPMENT APPLICATION BY:
T.TIMM1NS
-JtN APPLICATION TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING ~Y-LAW ' ,
. AKE NOTICE that the Council of the ,Corporation of the Municipality of Clarington will consider a proposed Official Plan
Amendment and proposed Zoning ~y-Iaw Amendment, under Sections 17 and 34 respectively of the Planning Act; 1990, as
(mended.
PPLlCATlON DETAILS
The proposed Official Plan Amendment and Zoning By-law Amendment submitted by T. Timmins would permtt the
Istablishment of a 120 m2 office use: '
, he subject property is located at 5221 Main Street, Orono as shown on reverse.
Wlanning File Nos.: COPA 2004-006 and ZBA 2004-052
~UBLIC MEETING
The Municipality ofClarington will hold a public meeting to provide interested parties the opportunity to make comments,
tenlify issues and provide additional infonmation relative to the proposed development. The public meeting will be held on: '
DATE: Tuesday, March 29, 2005
tTIME: 7:00 P.M.
LACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance St., Bowmanville. Ontario
iNY PERSON may attend the public meeting and/or make written or verbal nepresentation either iri support of or in opposition
o the proposal. The start time listed above reflects the time at which the General Purpose and Admilistration Committee
Meeting commences. '
Ilf you cannot attend ',the Public Meeting on this application you can make a deputa, tion to Councii at their meeting on
Monday, April 4, 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, March 30, 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~aw Amendment, you must submit a written request to the Cler1<'s
IDepartment, 2nd Floor, 40 Temperance Street, BowmanvDle, Ontario L 1C3A6.
The Region of Durham has detemnined that this Amendment is exempt from Regional approval. As such, a decision to adopt
this amendment by Clarington Council becomes final, subject to any appeal durinli the statutory appeal period.
'AdditiOnal infomnatton relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning
Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Heather Brooks at (905)
1623-3379 extension 331 or bye-mail athbrooks@municipality.clarington.on.ca.
APPEAL ' ,
If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By~aw
'Amendments to the Onta, rio Municipa, I 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 is approved, the
Ontario Municipal Board may dismiss all or part of the appeal. . ,
2nd day of March 2005.
, Dat~ at the M~niCipality of Clarington this
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Director of Planning Services
I Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
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REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #: PSD-037-05
File #: ZBA 2005-005
By-law #:
Subject:
ZONING BY.LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A
COMMERCIAL BUILDING
APPLICANT: 16138338 Ontario Inc. (Dan Holkema)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-037-05 be received;
2. THAT the rezoning proposal for a pet grooming establishment and limited commercial
uses be referred back to Staff for further processing and preparation of a subsequent
report; and, .
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
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Submitted by: ,<< 1 ." ~ If ~
Pfivid J. ifome, M.C.I/'., R.P.P.
jdirector of Planning 'Services
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Reviewed bY:U ~ -.::., ~
Franklin Wu,
Chief Administrative Officer
SA/CPIDJC/df
14 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C3A6 T (905)623-3379 F (905)623-0830
601
REPORT NO.: PSD-D37-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: 16138338 Ontario Inc. (Dan Holkema)
1.2 Owner: Willmore Limited
1.3 Rezoning: To rezone the subject lands from the "Holding - Light Industrial ((H)M1)
Zone" to an appropriate zone to permit the construction of a two-storey,
385 m2 building containing a limited number of commercial uses, including
pet grooming services, retail and business or professional office uses.
1.4 Site Area: 3440 m2
2.0 LOCATION
2.1 The subject lands are located at 42 Scugog Street, Bowmanville (Attachment 1). The
property is contained within Part Lot 13, Concession 1, in the former Town of
Bowmanville.
3.0 BACKGROUND
3.1 On February 11, 2005, Dan Holkema of 16138338 Ontario Inc., on behalf of Willmore
Limited, submitted an application to the Municipality of Clarington to rezone the subject
lot at 42 Scugog Street to permit the construction of a two-storey 385 m2 building
containing limited commercial uses and allow a setback to Scugog Street of 0 metres,
after road widening, and a setback to the north property line (railway) of 1.25 metres.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject property is vacant and has frontage and access to Scugog Street currently.
4.2
Surrounding Uses:
North:
South:
East:
St. Lawrence & Hudson Rail
Low density residential (single detached dwelling)
Low density residential (single detached dwelling) and the former
railway yard site used for storage and Bowmanville Glass, but
zoned for high density residential uses
Bowmanville Creek Valley, Vanstone Mill property
West:
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Main Central Area" in the Durham Region Official Plan. The
Main Central Area designation is very general and permits a variety of uses in the Main
Central Area including "community, office, service and shopping, recreational and
residential uses".
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REPORT NO.: PSD-037-05
PAGE 3
5.2 The lands are designated Main Central Area and Environmental Protection Area in the
Clarington Official Plan. The Bowmanville East Main Central Area Secondary Plan
further designates the subject property Mixed Use Area and Environmental Protection
Area. The Mixed Use Area designation permits low density residential, personal service
and office uses, limited retail uses including gift shops and mixed use building.
6.0 ZONING BY-LAW
6.1 The subject lands are currently zoned "Holding - Light Industrial ((H)M1)" and
"Environmental Protection (EP)". The applicant does not wish to develop this property
for industrial uses, thus the need for the rezoning application. The applicant is not
proposing to develop lands zoned "EP".
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.
7.2 Public Notice was also posted on the Municipal website, and on the information screens
in the main lobby of the Municipal Administrative Centre, running from February 28,
2005 to March 30, 2005.
7.3 Two inquiries were received following the Clarington E-update and the sign being
posted. Both inquiries were regarding the site plan aspects of the application, siting of
the building, elevations, architectural style etc., not regarding the zoning change to
commercial.
8.0 AGENCY COMMENTS
8.1 At the writing of this report, comments have been received from Engineering Services,
Emergency Services, Central Lake Ontario Conservation and Veridian.
8.2 Both the Engineering and Building Divisions of Engineering Services have no objection
to the rezoning application. Detailed comments were submitted regarding future site
plan issues and have been conveyed to the applicant.
8.3 Emergency Services and Veridian have no objection to this application.
8.4 Central Lake Ontario Conservation has no objection to the rezoning application, but
advise that more detailed comments will be given at the site plan review stage.
8.5 Comments are outstanding from Regional Works, Regional Planning, Canada Post
Corporation, Durham Police Services, Rogers Cable and St. Lawrence & Hudson Rail.
603
REPORT NO.: PSD-037.05
PAGE 4
9.0 STAFF COMMENTS
9.1 The subject parcel has been vacant for a number of years and is used intermittently as
a staging area by the railway for construction or maintenance projects.
9.2 The current zoning permits industrial uses, however the site is small (3445 m2) and
constrained by the Environmental Protection zoning on the Bowmanville Creek valley
lands (2245 m2) and the road widening required by the Municipality of Clarington
adjacent to Scugog Street (127 m2). The remaining lands available for development are
approximately 1073 m2 in area. Industrial development would also be subject to
Ministry of Environment guidelines for separation between industrial facilities and
sensitive uses. These guidelines recommend minimum separations from industrial uses
to residential uses depending on the use. In combination the constraints make
development of this site for industrial uses very difficult.
9.3 As mentioned above the site is small with approximately 1073 m2 (0.27 ac) available for
development. As such, although it is possible to site a building, required parking and
loading spaces must also be accommodated. Thus, the applicant has submitted an
application with only limited commercial uses proposed; commercial uses that do not
require extensive parking. Uses such as a medical or dental clinic, eating
establishment, place of entertainment etc. are not being requested due to the greater
number of parking spaces required. The type of uses requested require a parking ratio
of one parking space for each 30 m2 of gross floor area, which it appears may be
accommodated on the site. .
9.4 As part of the development of this site, the owner has agreed to dedicate the
Bowmanville valleylands, along with a 2 metre setback from the top of bank of the
valleylands and will fence these lands with a 1.5 metre chain link fence.
9.5. Previously on this property a site plan application was submitted in 2003, to permit an
auto glass facility. In discussions between the applicant, Planning Staff, the Committee
of Adjustment and the Old Bowmanville Neighbourhood Association, a historically styled
building was agreed upon and designed by the applicant's consultant. Although the
current project before Staff is for a commercial building, the applicant has again
submitted a building with a historical style to be in keeping with the area of the Old.
Bowmanville Neighbourhood.
9.6 A minor variance application was submitted in conjunction with a site plan application in
2003. The variance was granted to permit the construction of an auto glass
establishment, by reducing the front yard setback to 0 metres and the interior side yard
setback to 1.5 metres. The current rezoning application for a commercial use, if
approved, will address the setbacks required by the applicant through this proposal.
10.0 RECOMMENDATION
10.1 In consideration of comments not received at the writing of this report, and that the
purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it
is recommended that the application be referred back to staff for further processing.
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REPORT NO.: PSD-037 -OS
PAGE 5
Attachments:
Attachment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Ellen Cowan
1638338 Ontario Inc.
Willmore Limited
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Valley Lands to be Conveyed
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ZBA 2005-005
Zoning By-law Amendment
ATTACHMENT 1
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Owner: Wilmore Limited
Applicant: 16138338 Ontario Inc.
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CI!J!mgron
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Tuesday, March 29, 2005
Report #: PSD-038-05 File #: COPA 2004-006, ZBA 2004-052
By-law #:
Subject:
PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW
AMENDMENT TO PERMIT A 120 SQUARE METRE OFFICE USE
APPLICANT: TERRANCE TIMMINS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-038-05 be received;
2. THAT Official Plan Amendment and Rezoning applications submitted by Terrance
Timmins be APPROVED;
3. THAT Amendment No. 41 to the Clarington Official Plan contained in Attachment 2 to
this Report be adopted and that the necessary By-law be passed;
4. THAT the Zoning By-law amendment contained in Attachment 3 to this Report be
passed;
5. THAT the Holding (H) symbol be lifted by By-law at such time as the applicant has
satisfied the provisions of Section 23.4.3 of the Clarington Official Plan;
6. THAT the Region of Durham Planning Department be forwarded a copy of this Report
and Council's decision;
7 . THAT all inte"rested parties listed in this report and any delegation be advised of
Council's decision.
607
REPORT NO.: PSD-038-05
Submitted by:
HS*CP*DJC*df
16 March 2005
PAGE 2
Reviewed by: 0 ~~~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
608
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REPORT NO.: PSD..o38-05
PAGE 3
1.0 APPLICATION DETAILS
1.1 Owner: Terrance Timmins
. 1.2 Applicant: D.G. Biddle and Associates
1.3 Clarington Official Plan Amendment:
In addition to other residential uses permitted, to allow the establishment
of a 120 square metre office use at 5221 Main Street in Orono
1.4 Zoning By-law Amendment:
To change the current zoning on the lands from "Service Station
Commercial (C6)".to "Holding - Urban Residential Type One Exception
(H) R1-60" to allow a business or administrative office use and/or a
residential use,
1.5 Site Area: 610 square metres.
2.0 LOCATION
2.1 The subject property is located at the southeast corner of Main and Station Streets in
Orono and has a municipal address of 5221 Main Street (Attachment 1).
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands were previously used as a motor vehicle service station. The pumps and
tanks associated with the gas station have been removed and the existing structure is
currently vacant. The structure which is presently within the road allowance will be
demolished. The site is small,just over 600 square metres in area.
3.2 Surroundinq Uses
North - Existing Residential
South - Existing Residential
East - Existing Residential
West - Valley lands associated with the Orono tributary
4.0 OFFICIAL PLAN POLICIES
4.1 Durham Reqion Official Plan
Within the Durham Regional Official Plan the lands are designated as Living Area.
Lands designated as Living Area shall be used predominantly for housing purposes.
Limited office development may be permitted provided the functions and characteristics
of the Central Area is not adversely affected.
609
REPORT NO.: PSD-038-05
PAGE 4
4.2 Clarinaton Official Plan
Within the Clarington Official Plan the lands are designated Urban Residential. The use
of land in the Urban Residential designation is predominantly for residential purposes.
An office use is not permitted within the urban residential designation, hence an
amendment to the official plan is required.
5.0 ZONING BY-lAW
5.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Service
Station Commercial (C6l". A Zoning By-law Amendment is required in order to pel1Tlit
an office use on these lands.
6. 0 PUBLIC NOTICE AND SUBMISSIONS
6.1 On February 7, 2005, a public meeting was held. Following the public meeting, staff
became aware of a discrepancy in the time of the public meeting posted on the public
notice sign. This second public meeting is required to ensure the statutory notice
requirements of the Planning Act are satisfied.
6.2 Public Notice was given by mail to each landowner within 120 metres of the subject site.
A Public Meeting sign was installed on the property facing Main Street.
6.3 Although no on spoke in opposition to the application at the February 7, 2005 public
meeting, comments have been received from two separate neighbours. Concerns
expressed include:
· Site specific issues such as; impact of grading on adjacent properties, whether the
site can support a septic system; impacts of the new structure on existing views from
the neighbouring property and concern regarding the removal of existing vegetation.
· land use issues including establishment of commercial uses, doctors office, and
whether the site should be a public parkette.
· A potential for an increase in traffic, traffic accidents and on-street parking as a
result of the proposed use and whether the site is large enough to support on-site
parking.
· Whether the previous use being a gas station has contaminated the site and
whether construction will disturb contamination.
. Whether there is any historical significance to this property.
· Will the road widening required along Main Street impact existing Main Street
residential properties.
These issues are addressed in Section 8.4 of this Report.
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REPORT NO.: PSD-038-05
PAGE 5
7.0 AGENCY COMMENTS
7.1 The following agencies offered no objections:
. The Clarington Emergency Services Department
. Engineering Services- Building Division
. LACAC
7.2 The Clarington Engineering Services Department has no objection to the Official Plan
and Zoning Amendment. However, they provided comments in anticipation of a future
site plan application. The comments are summarized below:
. A 1.5 metre road widening will be required along Station Street;
. A grading and drainage plan detailing on-site storm sewer system and
conveyance of overland flow from the site shall be submitted;
. All costs associated with construction of the entrance shall be paid for by
the applicant;
. A $1000.00 road damage deposit shall be provided.
. A cash contribution equal to 2% of the value of the property shall be
provided in-lieu of parkland dedication.
7.3 The Ganaraska Region Conservation Authority has no objections to the application but
advise that should an application for site plan approval be received, a stormwater
management plan and a detailed sediment and erosion control plan will be required.
7.4 Durham Region Planning Department has no objection to these applications and advise
that the application is exempt from Regional Approval. The Phase 1 Environmental Site.
Assessment and Geotechnical Investigation Report were reviewed and found .to be
satisfactory. Regardless, the Region is requesting that the applicant submit a Record of
Site Condition due to the fact that the site was formerly a gas station.
7.5 Durham Region Works Department also have no objection to the applications and the
use proposed. It is required that a road widening along Main Street and a site triangle
at the intersection of Main and Station Streets be dedicated to the Region. In addition,
the Region advised that if there are any changes or updates needed to the water supply
connection for this site, this will be determined during review of a site plan application.
7.6 Durham Region Health Department has reviewed the applications and supporting
documentation and have no objection to the new use proposed. However, it is
requested that a test hole be dug at the Building Permit stage for sewage system to
confirm the information provided.
8.0 STAFF COMMENT
8.1 The applicant wishes to establish a small (120 square metres) office administration
building for his business, Race Mechanical Systems Inc. The office building will be
used as an administration office and call centre and will support up to 4 employees.
611
REPORT NO.: PSD-038-05
PAGE 6
Race Mechanical Systems provides heating and air conditioning for commercial,
industrial and institutional businesses.
8.2 The new building has been designed with a residential roof-line and will be landscaped
to compliment the existing street scape. The design of the office is intended to be
compatible with the adjacent residential uses. Parking is proposed in the rear of the
property, behind the office building. The structure will be connected to municipal water
and will have a private septic system. None of the agencies that commented had any
concern with the principle of the proposed use although some agencies identified items
that need to be addressed during site plan application.
8.3 The applicant has submitted a Phase 1 Environmental Site Assessment and
Geotechnical Investigation Report. These reports identify that there are no
underground storage tanks and there is no contamination. The reports concluded that
no additional investigation is required. Although the Region agrees with the findings of
the report, it has been requested that a Record of Site Condition be submitted prior to
removal of the Holding Symbol.
8.4 In addressing the comments of area residents, the following is provided:
Site Specific Issues .
. On-site grading is addressed through site plan approval which will address
overland flow onto adjacent residential properties.
. The Health Department is satisfied that a septic system can be adequately
accommodated on the site for the proposed use. However, as a precaution, it is
requested that a test hole be dug to verify the information submitted. If a septic
system cannot be accommodated on the lands to support the proposed use, then
the use will not be permitted to establish.
. When the applicant first spoke with the neighbour to the south, the neighbour
was told that the new structure would not block the view from their kitchen
window. However, in order to address on-site parking, septic design and road
widenings, the placement of the building has been changed and the neighbour's
window now looks directly towards a wall. Staff will review the south elevation
through site plan approval.
. The applicant will be required to submit a landscaping plan. Measures will be
taken to provide a vegetative screen, where possible, between this property and
adjacent land owners.
Land Use Issues
. Residents were concerned about the potential conversion of this use to a
commercial use or a doctor's office. The Official Plan Amendment and Zoning
By-law contained in Attachments 2 and 3 to this report specify that in addition to
a residential use, the site may only be used for an office use. Commercial uses,
including medical and dental offices are specifically defined in the Clarington
Zoning By-law and as such will not be permitted to establish ifthe Zoning By-law
as proposed is adopted.
. It was discussed during the Orono Community Improvement Plan process that
the creation of. a civic space in proximity to the Orono Town Hall would be
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REPORT NO.: PSD-038-05
PAGE 7
beneficial. This site is quite some distance from the Orono Town Hall and
currently, the Municipality has no plans to establish parkettes within Orono,
hence the use of this site as a public parkette or civic space in not being
considered.
Traffic and Parkinq
. The horizontal and vertical sight distance at the intersection of Station Street and
Main Street are adequate and visibility at this intersection is not constrained.
Removal of the existing structure that is partially located within the road
allowance will further improve sight distances at this intersection.
. It is not anticipated that the amount of traffic generated by the proposed use will
have any impact on existing volume of traffic within this area. Also, traffic
volumes on Station Street are not high enough to raise concern with the
proposed entrance onto Station Street.
. The on-site parking for the proposed use satisfies the requirements of the Zoning
By-law and additional. parking is not required in accordance with the
Municipality's Zoning By-law. The on-site parking provides enough area for
turning, eliminating any need to back out directly onto Station Street.
. On-street parking in Orono has been a concern in the past. Illegal parking can
be dealt with through enforcement of the Municipality's parking by-laws.
. Road widenings are typically acquired through development and redevelopment
of a property in order to ensure future road objectives can be met. There are no
plans to reconstruct Main Street at this time.
Historical Uses of the Site
. The application was circulated to the Municipality's Local Architectural
Conservation Advisory Board (LACAC) for advice as to whether there is any local
historical significance associated with this property or structures. LACAC
advised that there is no historical significance associated with these lands and
have no objection to the application.
. A Phase 1 Environmental Site Assessment and Geotechnical Investigation
Report has been conducted for this site and it has been found that there is no
contamination associated with these lands.
8.5 The lands are located on the edge of the Orono Local Central Area. Generally,
proposals for Local Central Area uses outside the limits of the Central Area are
discouraged or consideration is given to expand the Local Central Area to include the
proposed use. The south limit of the Orono Local Central Area is well defined by the
limits of the hazard lands associated with a tributary of the Orono. Creek. The small
scale of this use and the proposed design will resemble a residential home within a
residential area. Due to the distinct definition of the south limit of the Orono Local
Central Area; the small scale and nature of the proposal; and the residential design of
the building; it is determined that the proposed use can locate beyond the limits of the
Local Central Area as it is compatible with the surrounding lands and will not negatively
impact the adjacent residential area.
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REPORT NO.: PSD-038-05
PAGE 8
8.6 The site was previously a service station and zoning currently exists on the lands
permitting a service station. The service station use ceased, the site has been cleaned
up and the building has been vacant for a number of years. This site is considered a
"Brownfield Site" and current Provincial Policies encourage the clean up and reuse of
these sites. The redevelopment of this site is not only in keeping with Provincial
policies, it will result in the redevelopment of an existing, underutilized site within Orono.
8.7 Due to an irregularity with the content of the original Public Meeting Notice; staff
determined a second public meeting for the application was warranted. This meeting
qualifies as the statutory Public Meeting in accordance with the Planning Act. In that
there has been no changes made to the application itself, that all issues have been
addressed, including concerns raised by the neighbours, it is recommended that these
applications be approved at this time.
9.0 CONCLUSIONS
9.1 In that this application is compatible with the adjacent residential neighbourhood, no
commenting agency had any concern with the principle of the proposed land use, and
the proposed use will result in the redevelopment of a Brownfield site the
redevelopment of this site for a proposed 120 square metre office use is an example of
good planning and is supported.
9.2 It is recommended that Official Plan Amendment No. 41 as contained in Attachment 2 to
this report be approved by Council and that Council pass the necessary By-law to adopt
Amendment No. 41. It is also' recommended that the Zoning By-law Amendment
contained in Attachment 3 to this report be approved that the Holding (H) symbol be
removed when the applicant has entered into a site plan agreement with the
Municipality of Glarington.
Attachments:
Attachment 1 - Key Map
. Attachment 2 - Proposed Amendment to the Glarington Official Plan
Attachment 3 - Proposed Zoning By-law Amendment
List of Interested Parties to be advised of Council's decision
T. Timmins
D.G. Biddle and Associates
Karen Miller
Garman and Bertha White
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Orono Key Map
ZBA 2004-052
Zoning By-law Amendment
COPA 2004-006
Clarington Official Plan Amendment
Owner: Race Mechanical Systems Inc.
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PURPOSE:
BASIS:
ACTUAL
AMENDMENT:
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IMPLEMENTATION:
INTREPRETATION:
ATTACHMENT 21
AMENDMENT NO. 41
TO THE CLARINGTON OFFICIAL PLAN
To allow an office use and/or a residential use in Part Lot 28,
Concession 5, former Township of Clarke, 5221 Main Street
Orono.
An application to amend the Official Plan to permit an office
use on lands designated "Urban Residential" and further
described as Part Lot 28, Concession 5, former Township of
Clarke, 5221 Main Street Orono was received.
An amendment to the Clarington Official Plan is necessary to
allow an office use on lands designated "Urban Residential"
within the Orono Urban Area.
The Clarington Official Plan is hereby amended by:
i) adding a new subsection to Section 23 Exceptions as
follows:
"23.14.5 - Notwithstanding Section 9.3.4, in addition to a
permitted residential use, an office not exceeding 120.0
square metres in gross floor area is permitted on those lands
identified by assessment number 18-17-030-090-15200
located in Part of Lot 28, Concession 5, former Township of
Clarke, 5221 Main Street Orono."
The provisions set forth in the Clarington Official Plan, as
amended regarding the implementation of the Plan, shall
apply in regard to this amendment.
The provisions set forth in the Clarington Official Plan, as
amended, regarding the interpretation of the Plan, shall
apply in regard to this amendment.
616
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to adopt Amendment No. 41 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act, R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
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AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it adVisable to amend the Clarington Officiai Plan to permit an office use at 5221 Main
Street, Orono;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as foliows:
1. That Amendment No. 41 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
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 CierI<
617
ATTACHMENT 3
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-Law to amend By-Law 84-63, the Comprehensive Zoning
By-Law for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town
of Newcastle in accordance with application ZBA 2004-052 to permit a business,
professional or administrative office and/or a residential use on the subject lands;
d)
Loading Space Requirements
a. 300 square metres of Gross Floor Area or less
Nil
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clanngton enacts as follows:
1.
Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE
(R1) ZONE" is hereby amended by adding a new Section 12.4.60 as follows:
12.4.60 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE R1-60
ZONE"
(1) Notwithstanding the provisions of Sections 3.13 (a), 12.1, 12.2 (a), (b), (c),
(d), and 12.3, those lands zoned "R1-60" on Schedules to this By-Law be used
for a "business, professional or administrative office" and/or a "single detached
dwelling" subject to the following zone regulations:
a)
b)
Lot Area (minimum)
Lot Frontage (minimum)
600 sq. metres
18.5 metres
c)
Yard Requirements (minimum)
a. Front Yard
b. Intenor Side Yard
c. Extenor Side Yard
d. Rear Yard
1.25 metres
1.25 metres
2.5 metres
20 metres
e)
No building or structure may be erected and no use may be established in
the R1-60 zone unless the lot upon which it is situated is serviced by a
municipal water system and a pnvate sanitary waste disposal system
which complies with the regulations of the Ministry of the Environment.
2.
Schedule "13" to By-law 84-63 , as amended, is hereby further amended by
changing the zone designation from:
"Service Station Commercial (C6) Zone" to "Holding - Urban Residential
Exception ((H) R1-60) Zone" as shown on the attached Schedule "A" hereto.
618
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3. Schedule "A" attached hereto shall for part of this By-Law.
4. This By-Law shall come into effect on the date of the passing hereof, subject to
the provisions of Sections 34 and 36 of the Planning Act R.S.O. 1990
BY-LAW read a first time this
day of
BY-LAW read a second time this
day of
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BY-LAW read a third time and finally passed this
day of
2005
2005
2005
John Mutton, Mayor
619
Palli L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2005-
passed this day of ,2005 A.D.
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Patti L. Barrie, Municipal Clerk
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Clw:ilJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #: PSD-039-05
File #: ZBA 2005-004
By-law #:
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: GEORGE L YSYK
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-039-05 be received;
2. THAT the request for removal of Part Lot Control with respect to Part of Block E, on
Registered Plan 702, be APPROVED and that the attached Part Lot Control By-law be
passed pursuant to Section .50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Reviewed by: 0 ~.....s-~
Franklin Wu,
Chief Administrative Officer
~~
Submitted b / /V
j~ir~~t;~ ~r~:~~~gCi~ce:'P'
BH/CS/DC/lb
.9 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
621
2.4
3.0
3.1
3.2
3.3
4.0
4.1
REPORT NO.: PSD-039-05
PAGE 2
1.0
1.1
1.2
APPLICATION DETAILS
ApplicanU Agent:
Location:
George Lysyk
Part Lot 13, Concession 1, former Town of Bowmanville
Part of Block "E", Registered Plan 702
2.0
BACKGROUND
2.1
On February 3, 2005, Staff received a request from George Lysyk for the removal of Part
Lot Control with respect to Part 2 of 10R-520 which is the eastem portion of Block "E",
Registered Plan 702 (Attachment 1).
The applicant is proposing to construct four (4) semi-detached/link dwelling units on the
proposed parcels 1 and 2, and a single detached dwelling on the proposed parcel 3 (see
Attachment 1).
2.2
2.3
Registration of Plan of Subdivision 702 was completed on March 30, 1973, Part of Block
"E" of this plan received draft approval for future residential by the Province of Ontario. The
west half of the block has developed With retail and office uses as the Waverly Plaza.
On February 3, 2005, the Committee of Adjustment considered and approved an
application to reduce the minimum lot frontage from 15 metres to 13.8 metres for a single
detached dwelling on proposed parcel 3. Minor variance application A2005/001 was final
and binding on February 24, 2005.
COMMENTS
Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section
50 (5) ofthe Planning Act.
In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department. The Region will be
advised that this application will result in the creation of four (4) semi-detached units and
one single detached unit.
The Finance Department advises that the taxes'have been paid in full.
RECOMMENDATIONS
In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may
provide a specified timeframe during which the By-law shall be in force. As a result, it is
not necessary for Staff to prepare a second By-law to restore Part Lot Control on the
subject lands. The Planning Act leaves it to the Municipality to determine an appropriate
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REPORT NO.: PSD-039-05
PAGE 3
timeframe during which the By-law shall apply. Staff recommends that the By-law be in
force for a two (2) year period following Council approval, ending April 4, 2007.
Attachments:
Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal
Attachment 2: By-law for Removal of Part Lot Control
List of interested parties to be advised of Council's decision:
George Lysyk
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Lands Affected By Part Lot Control
Owner: George I. Lysyk
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ATTACHMENT 2
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW NUMBER 2005-
being a By-law to exempt certain portions of Registered Plan 702
WHEREAS the Council of the Corporation of the Municipality of Clartngton deems it advisable to
exempt from Part Lot Control, Part of Block "E", on Registered Plan 702, registered at the Land
Titles Division of Whitby;
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipaiity of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following
lands:
a) Part of Block E, on Registered Plan 702 further described as Part 2 of 10R-520.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force
for a period of two (2) years ending on April 4, 2007.
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
.625
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Clfllmgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #: PSD-040-05
File #: A2005/005 and A2005/006
By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MARCH 3, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD.040-05 be received; and
2. THAT Council concurs with the decision of the Committee of Adjustment made on
March 3, 2005 for applications A2005/005; and that Staff be authorized to appear before
the Ontario Municipal Board to defend the decisions of the Committee of Adjustment;
and
3. THAT Council concurs with staff that an appeal by the Municipality of the decision made
by the Committee of Adjustment on March 3, 2005 for A2005/006. is not warranted.
However, should an appeal be lodged by another party, that Staff be authorized to
defend its original recommendation.
Reviewed bY:O ~~ e....s2-t
Franklin Wu,
Chief Administrative Officer
BRlCP/FL/df
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
.
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623.0830
626
REPORT NO.: PSD-040-05
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
MARCH 3, 2005
A2005/005
A2005/006
A rove with conditions
Approve with modifications
A roved with conditions
Approved as applied for, no
modifications made
2.0 COMMENTS
2.1 A2005/005 was an application to reduce the minimum front yard setback from 4.5
metres to 1.2 metres to allow for the construction of a pool. Council waived the fees for
this application on the January 31st meeting (Resolution #C-052-05). The site is a
corner lot, and the home was originally constructed to face the defined exterior side
yard. Due to the shape and grading of the lot, along with the servicing of the home, the
location of an in-ground pool is very limited. At the meeting a neighbouring resident
spoke with the applicant in favour of the application citing the lot's unusual shape and
house location. Another neighbour wrote a letter and attended in opposition to the
application citing the proposed pool's detriment to the tranquillity of the front yard area.
The Committee concurred with Staff's recommendation and approved a variance for the
reduction of the front yard setback from 4.5 m to 1.2 m for an in-ground pool only.
2.2 A2005/006 was an application to reduce the exterior side yard setback for a detached
accessory building from 6 metres to 1.2 metres. The applicant proposed the
construction of a detached garage, and felt that meeting the 6 metres setback would not
leave a sufficient rear yard area. Staff's recommendation was to allow for a reduction in
the exterior side yard, but only to 3 metres. The already narrow road allowance of
Lover's Lane has a home on the north side .of the street, opposite the applicant, located
in close proximity to the street. The applicants home on the south side of the street
along with the other homes on the south side are set, on average, about 11 meters from
the property line. Staff cited a desire to maintain a more open streetscape on the south
side and to be in keeping with the neighbourhood setbacks. Staff also felt a 3 metre
setback would still allow a sufficient rear yard area. The Committee decided that given
the uniqueness of the area, a 1.2 m setback would not adversely affect the streetscape,
and chose to approve the application provided that no doors face the street.
2.3 Staff has reviewed the Committee's decisions and is satisfied that the application that
received approval, with the exception of A2005/006, is in conformity with the Official
Plan policies, consistent with the intent of the Zoning By-law and is minor in nature and
627
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REPORT NO.: PSD-040-05
PAGE 3
desirable. Council's concurrence with the Committee of Adjustment's decision 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.
2.4 In the case of the decision of Committee for A2005/006, as described in Section 2.2,
Staff does not support the decision of the Committee of Adjustment. However, staff do
not feel an appeal of the Committee's decision is warranted for reasons of cost and
demand on Staff resources. As the appeal period for A2005/006 expired prior to
Council receiving this report, an appeal to this application has been filed. Should
Council agree with Staffs recommendation that an appeal is not warranted, the appeal
will be withdrawn.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
628
629
ATTACHMENT 1
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
BOUCHER, TAMARA
MOORE, DAVID
215 GUILDWOOD DR.,. BOWMANVILLE
PART LOT 8, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/005
FILE NO.:
PURPOSE:
TO REDUCE THE FRONT YARD SETBACK FROM 4.5 METRES TO 1.2 METRES TO
PERMIT A SWIMMING POOL
DECISION OF COMMITTEE:
APPROVE THE REDUCTION OF THE FRONT YARD SETBACK FROM 4.5 METRES TO
1.2 METRES FOR AN IN-GROUND POOL AS IT IS MINOR AND DESIRABLE IN NATURE
DATE OF DECISION:
March 3, 2005
LAST DAY OF APPEAL: March 23, 2005
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Clw:i!Jgton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
STRIKE, DAN
GRIBBON, TODD & LIZ
29 CENTRE ST." BOWMANVILLE
PART LOT 11, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
A2005/006
FILE NO.:
PURPOSE:
TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED
6 METRES TO 1.2 METRES.
DECISION OF COMMITTEE:
APPROVE THE REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 6
METRES TO 1.2 METRES WITH THE CONDITION THAT NO DOOR BE PERMITTED ON
THE NORTH SIDE OF THE GARAGE AS IT IS MINOR AND DESIRABLE IN NATURE
DATE OF DECISION: March 3, 2005
LAST DAY OF APPEAL: March 23, 2005
630
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CI~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
PSD-041-05
File#:
PLN 33.4.6
By-law #:
Subject:
PORT GRANBY PROJECT - REVIEW OF THE DRAFT ENVIRONMENTAL
ASSESSMENT STUDY REPORT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-041-05 be received;
2. THAT the Low-Level Radioactive Waste Management Office be requested to
investigate the effects of installing a double composite base liner at the new Long Term
Waste Management Facility for the Port Granby Project, and that the Environmental
Assessment Study Report for the Port Granby Project be revised accordingly;
3. THAT the Environmental Assessment Study Report for the Port Granby Project, as
revised, be submitted to Council for review when completed;
4. THAT a resolution be approved to give the Municipality's consent to the Low-Level
Radioactive Waste Management Office to submit the preferred option for the Port Hope
Project to Federal decision makers, and that this resolution be forwarded to the Low-
Level Waste Management Office by March 31,2005;
5. THAT a copy of Council's decision and Staff Report PSD-041-05 be forwarded in its
entirety to the Low-Level Radioactive Waste Management Office and Natural
Resources Canada; and
6. THAT a copy of Council's decision be forwarded to all interested parties indicated in this
report.
Reviewed by: a ~-:.., ~
Franklin Wu
Chief Administrative Officer
JAS*FL *DJC*df
17 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BO. WMANVILLI:;, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830
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REPORT NO.: PSD-041-05
PAGE 2
1.0 BACKGROUND AND PURPOSE OF REPORT
1.1 The Legal Agreement that forms the basis of the Port Hope Area Initiative defines the
various obligations of the Municipalities of Clarington and Port Hope and the
Government of Canada. In particular, the Agreement sets out key decision points for
the municipalities as discussed below.
1.2 Selection of a Qualified Concept.
1.2.1 The Agreement (Section 4.1.2) recognizes that, through the Environmental Assessment
(EA) process, the Proponent may evaluate alternate ways of carrying out the Project, or
an Element of the Project, that the Proponent considers to be technically and
economically feasible. The Municipalities are to be consulted regarding any such
altemate ways and their input will be given full consideration.
1.2.2 The Low-Level Radioactive Waste Management Office (LLRWMO), being the
Proponent, recommended to Council that Concept" (relocation of the Port Granby
waste to an engineered storage mound north of Lakeshore Road) proceed through the
EA process as the Qualified Concept for the Port Granby Project. Council concurred
with this recommendation at its meeting of September 27,2004.
1.3 Submission of a Preferred Option for Federal Regulatory Review.
1.3.1 The Agreement (Section 4.1.3) also requires the Proponent to submit documentation
related to the EA of the Project for final review by the relevant authorities, only after
consulting with, and reflecting any concerns of the Municipalities. The Proponent will not
submit a preferred option to decision makers without consulting with and obtaining the
written consent of the Municipalities to that option. The Municipality is currently at this
decision point.
1.3.2 On February 7, 2005, Glenn Case, the Director of the Port Hope Area Initiative, formally
submitted the Environmental Assessment Study Report (EASR) for the Port Granby
Project to the General Purpose and Administration Committee. The EASR represents
a summary of all of the studies that have been undertaken by the LLRWMO through the
EA for the Port Granby Project, including the assessment of the effects of the Qualified
Concept on the natural and socia-cultural environments and human health and safety.
1.3.3 As required by the Legal Agreement, the LLRWMO has requested that Council provide
its written consent to submit the "preferred option" to the relevant authorities for final
review. The LLRWMO has requested that Council's consent be provided by the end of
March 2005 to allow the EASR to be submitted to the federal Responsible Authorities
(RAs) on March 31, 2005.
1.3.4 In addition, the specific wording of the Legal Agreement requires each municipality to
consent to the preferred option being submitted for the other municipality's project. The
Preferred Option for the Port Hope Project involves consolidating the waste from Port
Hope and the former Hope Township in a new engineered storage mound located at the
Welcome Waste Management Facility. Accordingly, Council is also being requested to
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REPORT NO.: PSD-041-05
PAGE 3
consent to the preferred option recommended by the LLRWMO for the Port Hope
Project.
1.4 Final Municipal Consent to the Project
1.4.1 The Agreement (Section 4.1.5) requires the Proponent to provide the Municipalities with
written notice of the decision of the relevant authorities with regard to the EA. In the
event that what the authorities decide upon is not the same as the preferred option
previously consented to by the Parties pursuant to Section 4.1.3, the Parties shall have
60 days to consult and a further 30 days to decide if they do not wish to proceed with
the Project or an Element of the Project.
1.4.2 After Council provides its written consent to the submission of a preferred option for the
Port Granby Project, the LLRWMO will submit the EASR and all supporting
documentation to the Government of Canada. After review by the RAs, the Federal
Authorities (FAs) and relevant provincial ministries, the Proponent will revise the EASR
to reflect any identified concerns, and the RAswill prepare a draft screening report for
further review and public comment. Upon finalization of the screening report, the RAs
will issue their decision with respect to the Project. It is at this point that Council must
decide whether to provide its final consent to the Project as referenced in Section 4.1.5
of the Agreement.
1.5 Purpose of Report
1.5.1 The primary purpose of this report is to update Committee and Council on the results of
the peer review team's and staffs review of the Environmental Assessment Study
Report for the Port Granby Project. A second purpose is to recommend to Council that
the Municipality provide its consent to the LLRWMO to submit the preferred option for
the Port Hope Project to Federal decision makers, as required by the Legal Agreement.
2.0 DESCRIPTION OF THE PREFERRED OPTION IN THE EASR
2.1 The EASR is a summary of all the various studies related to the Port Granby Project
that have been undertaken by the LLRWMO for the EA process. The Project itself is a
very complex undertaking and consists of many specific technical elements. The
precise details of the various elements of the Project will be further refined over the next
year as the result of the review by the relevant authorities and on-going engineering
work by the LLRWMO and discussions with the Municipal Peer Review Team.
2.2 In general terms, the preferred option for the Port Granby Project involves the relocation
by truck of approximately 550,000 m3 of low level radioactive waste and marginally
contaminated soils located at the existing waste management facility (WMF) to a new
Long Term Waste Management Facility (L TWMF) located approximately 430 m north of
Lakeshore Road in Lot 4, Broken Front Concession. The new facility would consist of
an engineered storage mound with a low permeability cover and liner system, would
occupy approximately 10 ha when completed, and would be approximately 8 m in
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REPORT NO.: PSO-o41-oS
PAGE 4
height. Material for the construction of the new facility would be trucked in on
Newtonville Road, Concession Road 1, and an upgraded Elliott Road.
2.3 The liner system to be constructed underneath the L TWMF would consist of a
compacted clay layer, a single high density polyethylene (HOPE) geomembrane, and a
sand layer for leachate collection and drainage. The geomembrane was selected to be
compatible with the leachate generated by the waste, and its primary function is to
restrict leachate movement into the surrounding soil during the period of waste
placement until the final cover is completed. The compacted clay liner would serve as a
backup in case the geomembrane is defective. Should the single geomembrane liner
deteriorate over time, the underlying low permeability till (clay soil) would provide natural
containment of the waste and leachate. .
2.4 A more detailed description of the project as currently proposed forms Attachment 1 to
this report.
3.0 KEY CONCLUSIONS OF PEER REVIEW
3.1 Overall Conclusion
3.1.1 The peer review team has concluded, based on its review of the various studies
prepared by the LLRWMO, that the EASR provides a sufficiently comprehensive
assessment of the environmental effects of the Port Granby Project. Many of the
components of the EA meet their expectations for a thorough and comprehensive
analysis of potential effects. They generally agree with the conclusions of the EASR
and feel that it, together with the supporting studies, is suitable for submission to
Federal Authorities for further review, with one exception as noted in Section 3.2.
3.1.2 As well, the peer review team believes that the preferred option can be constructed,
operated and maintained in a manner that results in minimal adverse effects on the
environment. and that mitigation measures can be developed to effectively minimize
these effects. The team has also indicated that they will continue discussions with the
LLRWMO over the next year as many of the details of the project are finalized through
the detailed design stage and the federal review.
3.2 Liner System for L TWMF
3.2.1 The peer review team has indicated that they are confident that the L TWMF, as
currently designed, will provide long term containment of the waste. However, they
also note that the goal of the L TWMF is to adopt a design concept that will contain the
waste for several hundred years, and have therefore recommended that a double
composite base liner be installed to increase the level of confidence that engineered
containment can be provided for several hundred years. The team notes that there are
many advantages to installing a double liner, as outlined below:
. If the single liner fails, there would be a loss of engineered containment and the
underlying natural till deposit would be required to provide protection;
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REPORT NO.: PSD-041-05
PAGE 5
. A double liner would provide the necessary redundancy in case of the loss of the
primary liner.
. Double liner systems are now used for most facilities of a similar nature and is state-
of-the art technology for toxic wastes;
. The eventual decommissioning of the L TWMF will be easier with a double liner since
there will not be environmental contamination in the event the primary liner fails;
. A double liner is consistent with risk minimization, precautionary principles and the
ALARA (As Low As Reasonably Achievable) principle; and
. The double liner may help alleviate residents' concerns with the integrity of the
L TWMF, thereby improving their feelings of personal security and well-being.
3.2.2 The team acknowledges that the installation of a double geomembrane liner will create
additional effects that were not accounted for in the EASR. It is estimated that 4,500 -
5,000 additional trucks will be required to transport in the material for the second liner.
As well, the construction phase may need to be extended and the height of the mound
could increase by up to 1.25 m. They have recommended that the EASR be revised to
study the effects of the double liner.
3.3 Inter-Site Route Crossing of Lakeshore Road
3.3.1 The Project Description indicates that trucks moving between the existing and new
WMF will cross Lakeshore Road at grade. The peer review team notes that the large
number of truck movements would involve continual stoppage of traffic on Lakeshore
Road. The team notes that, while the wastes can be transported safely in this manner,
they recommend further study of a culvert or a grade separation to allow the Inter-site
Route to travel under Lakeshore Road.
3.4 Enclosed vs. Open Excavation
3.4.1 The peer review team, in its September 2004 report on the selection of a Qualified
Concept, indicated that enclosed excavation for the wastes should be further reviewed.
The team notes in its current report that further analysis by the LLRWMO has indicated
that enclosed excavation of the wastes would not be feasible or desirable. There would
be substantial operational difficulties associated with erecting and relocating a
temporary enclosure many times throughout the life of the project, the gorges could not
be enclosed without extensive specialized design and construction, and there would be
increased risks to workers due to the accumulation of radon gas, dust and vehicle
exhaust within an enclosure.
3.4.2 The peer review team has agreed that, with the implementation of stringent dust control
measures, open air excavation can successfully protect workers and the environment.
The levels of radon gas and radioactivity in dust are projected to be substantially within
acceptable limits at the site boundary and bey..opd.
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REPORT NO.: PSD-041-05
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3.5 Socio-Economic Effects
3.5.1 The EASR identifies a number of residual adverse effects on the local community
resulting from the Port Granby Project. These include:
. disruption to farm operations from increased traffic and construction noise;
. reduced residential property values in the order of two to eight percent;
. increased tumover of residential properties;
. difficulty in marketing residential properties;
. disruption to some road users, pedestrians and non-motorized traffic;
. changes in the use and enjoyment of property;
. disruption of community and recreational activities;
. adverse changes to community character and image; and
. increased-stress and decreased feelings of personal security and well-being.
3.5.2 The EASR proposes a number of mitigation strategies to help alleviate some of the
identified adverse effects of the project. Some of these strategies proposed include a
farmer assistance program, a business activity enhancement program, and a strategy to
address farm business losses.
3.5.3 The peer review team has indicated that it agrees with the assessment of effects on the
socio-economic environment. However, given the number of minor adverse effects,
they have suggested that a more explicit description of the proposed mitigation
strategies be provided. The team has also suggested enhancements to the Property
Value Protection Program, and has recommended that transportation routes be signed
to help truck drivers adhere to the designated routes.
3.6 Port Hope Project
3.61 As noted earlier, the Legal Agreement requires each municipality to consent to the
preferred option being submitted for the other municipality's project. The Preferred
Option for the Port Hope Project involves consolidating the waste from Port Hope and
the former Hope Township in a new engineered storage mound located at the Welcome
Waste Management Facility. -
3.6.2 The Municipality's peer review team led by Hardy Stevenson and Associates has also
undertaken a peer review of the EASR for the Port Hope Project. They have concluded
that the preferred option for the Municipality of Port Hope will have no effects for the
Municipality of Clarington. The team has recommended that the Municipality of
Clarington give its consent to the preferred option for Port Hope.
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REPORT NO.: PSD-041-05
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4.0 KEY CONCLUSIONS OF STAFF REVIEW
4.1 General Conclusions
4.1.1 Staff has been involved with the peer review team in many of the discussions with the
LLRWMO regarding the EASR and the many studies that have been undertaken
through the environmental assessment of the Port Granby project. As a result, Staff
agree with the conclusion of the peer review team that the EASR generally provides a
comprehensive and accurate analysis of the effects of the Port Granby Project as
currently proposed by the LLRWMO.
4.2 Liner System at the L TWMF
4.2.1 Although the peer review team has expressed confidence in the ability of a single base
liner to effectively contain the wastes over the long term, they have also cited many
valid reasons why a double liner should be constructed at the L TWMF Staff agree with
the need to provide redundant protection systems and note that, in the event the liner
system does not operate as expected, it will not be possible to repair or replace the liner
system once the mound is constructed. The initial installation of second liner will
provide additional insurance in the event that primary containment fails and could
eliminate the need for expensive mitigation measures in the future.
4.2.2 As well, the importance of public confidence in the L TWMF cannot be under-stated.
Area residents have consistently requested that a second liner be installed at the
L TWMF, and the EASR has identified increased stress and decreased feelings of
personal security and general well-being as adverse effects related to the project. Staff
concur with the peer review team's comment that the second liner could increase public
confidence in the L TWMF and thereby help to reduce these negative effects.
4.2.3 However, the installation of a second liner represents a change to the project
description and the effects assessment provided in the EASR. In particular, the
transportation of the material for the second liner could potentially result in a 40 percent
increase in truck volumes, primarily in the first year of construction. A longer
construction period may be required and the height of the mound may increase above
the 8 m currently proposed. There will also be additional project costs related to
installing the second liner.
4.2.4 Staff has discussed the issue of the second liner and the implications for the EASR with
both the LLRWMO and NRCan. It was agreed that, since the installation of a second
liner is not reflected in the project description and the effects assessment provided in
the EASR, it would not be appropriate for Council to give its consent to the submission
of a preferred option at this time.
4.2.5 Therefore, staff is recommending that Committee and Council request the LLRWMO to
investigate the effects related to installing a double composite base liner at the L TWMF
and that the EASR be revised accordingly. After the revised EASR has been reviewed
by the Municipality's peer review team and area residents have been consulted, staff
will bring forward a report with a recommendation on the submission of a preferred
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REPORT NO.: PSO-041-05
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PAGE 8
option. It is currently estimated that this could result in a three to six month delay in
the project.
5.0 CONCLUSIONS
Both staff and the peer review team are satisfied that the EASR as prepared by the
LLRWMO has confirmed that the relocation of the wastes to a new L TWMF north of
Lakeshore Road should proceed as the preferred option for the Port Granby Project.
The installation of a double composite base liner at the L TWMF will help to ensure that
the new facility will effectively contain the wastes for several hundreds of years.
However, there are impacts that need to be investigated. With regard to the scheduled
delays created as the result of this change. these will be offset by the improved level of
confidence in the Port Granby Project. .
Attachments:
Attachment 1 -
Attachment 2 -
Description of the Preferred Option - EASR January 2005
Executive Summary - Peer Review of the Port Granby Project (full report
provided under separate cover)
List of interested parties to be advised of Council's decision:
Ms. Sharon Baillie-Malo
Mr. Glenn Case, Director
Michael Ayer & Julie Jones
Vito Binetti
Wayne Boucher
Ray Coakwell and Frances Brooks
Rosemary Cooper
Marion and Stuart DeCoste
Frederic DeSourdy
Robert Edgar
Mel Edwards
Wilma Entwisle
Gord and Penny Ewington
Betty and Stephanie Formosa
Paulette Gerber
Lorri Graham
Donna Grant
Frank Hart
Luanne Hill
A. Karacsonyi
Susan Kinmond
Maria Kordas - Fraser
Jane Lawrence
Eric Leeuwner
Gerry Mahoney and Bonnie McFarlane
Andrew McCreath
Joanne McNamara
Office of Bev ada, M.P.
Rupert McNeill
Lorri and Stuart Munro
Tim and Laurel Nichols
Dora Nichols
Carole Owens
Jean Payne
James B. Robertson
Ulrich Ruegger
Linda and Paul Ryerse
Sarwan Sahota
Barb Spencer
John Stephenson
Brian and Penny Stripp
Ken Shrives
Midori Tanabe
Brian Tayng
Harvey Thompson
Rosemary Tisnovsky
Stan Tisnovsky
Julie Tutla
Richard Walker
Mary and Harry Worrall
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ATTACHMENT 1
PORT GRANBY PROJECT
DESCRIPTION OF THE PREFERRED OPTION
ENVIRONMENTAL ASSESSMENT STUDY REPORT, JANUARY 2005
CONSTRUCTION AND DEVELOPMENT PHASE (APPROXIMATELY 2007 - 2012)
Waste Volumes
Approximately 550,000 m3 of low level radioactive waste (LLRW) and marginally
contaminated soils (MCS) will be excavated and moved from the existing Port Granby
Waste Management Facility (WMF) to a new Long Term Waste Management Facility
(L TWMF) located in the north-central portion of the Cameco property north of
Lakeshore Road. This volume figure includes approximately 4,000 m3 of MCS located
under the roadbed and in the ditches of Lakeshore Road between Townline Road and
the entrance to the existing WMF.
Clean-Up Criteria
The Legal Agreement (Section 3.3.1) requires Canada to "clean up properties
contaminated with Historic Low-Level Radioactive Waste so that all such properties will
be able to be used for all current and foreseeable unrestricted uses."
Estimates of the volume of material that must be excavated from the existing WMF are
based on site specific clean-up criteria developed by the LLRWMO. These criteria
assume the site will be used for passive recreational uses and are based primarily on
Ontario Ministry of Environment soil quality guidelines for residential/parkland uses.
Where no appropriate provincial guidelines exist, criteria have been developed to reflect
accepted national or international standards.
The LLRW and MCScontain both radioactive and non-radioactive contaminants. The
radioactive Contaminants of Potential Concern (COPC) have been identified as radium-
226, thorium-230, and thorium-232. The non-radioactive COPCs of greatest concern
include antimony, arsenic, cadmium, magnesium, molybdenum, selenium, and uranium.
(Uranium is more chemically toxic than it is radiologically toxic, and is therefore
considered a non-radioactive contaminant.)
New Engineered Storage Mound
The new storage mound at the L TWMF will have a low permeability composite base
liner system and a low permeability cover. The bottom of the mound will be located
about 2.5 m to 6 m below existing grade and will be covered with a low permeability
composite base liner and leachate collection system approximately 1.25 m thick. The
liner will consist of compacted clay and a high density polyethylene geomembrane. The
leachate drainage layer will consist of sand with pumping wells at two sumps.
639
After all of the contaminated material waste has been deposited in the cells, a cover
system will be installed over the wastes. The cover system will be about 2.6 m thick
and will consist of layers of natural and synthetic materials designed to minimize
infiltration of precipitation to the waste. The surface of the finished mound will rise
approximately 8 m above grade.
Area of L TWMF
During construction, an overall area of approximately 33 ha will be required to
accommodate site facilities, such as soil stockpiles and contractor's yard. Prior to any
work, the entire site area will be fenced and access controlled. Trucks hauling
construction material will use a different entrance than trucks hauling waste.
The mound itself will be located approximately 430 m north of Lakeshore Road in Lot 4,
B.F.C. Its footprint will occupy approximately 10 ha (420 m north-south by 240 m east-
west). Screening berms will be constructed and trees planted to block views of the
L TWMF during construction. Clean material excavated for the construction of the new
mound will be stock-piled on-site and used as daily cover for the waste after placement
in the mound.
A map indicating the location of the existing and proposed WMFs is attached.
Transportation Access Routes
Construction material for the L TWMF will. be transported by trucks along the Primary
Haul Route, which consists of Newtonville Road south of Highway 401, Concession
Road 1 and Elliott Road to the L TWMF entrance. The LLRWMO has proposed to
upgrade the roads along this route. Approximately 12,000 truckloads will be needed to
transport the required material.
Oversized loads will travel to the L TWMF and the existing WMF along the Oversized
Load Alternate Route. The EASR currently defines this route as Newtonville Road
south to Lakeshore Road, and north on Elliott Road to the L TWMF or east on
Lakeshore Road to the entrance of the existing WMF on Nichols Road. However, the
LLRWMO has recently determined that oversized loads being transported. to the
L TWMF could use an entrance off Lakeshore Road, rather than Elliott Road. Limited
numbers of trucks are expected to use the oversized altemate route.
The Inter-Site Route will be used by trucks to transport the LLRWMO and MCS from
the existing WMF to the L TWMF. An additional 113,000 m3 of uncontaminated soil and
earth excavated from the site of the new L TWMF will be transported by truck via the
Inter-Site Route to the existing WMF for the regrading and restoration of the site after all
contaminated materials have been removed. This road is currently proposed to cross
Lakeshore Road at grade; however, the LLRWMO has indicated that they will
investigate the feasibility of a grade separation to allow vehicles moving between the
two sites to travel under Lakeshore Road.
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No LLRW or MCS will be transported along either the primary haul route or the oversize
load alternate route. A map indicating the proposed transportation routes is attached.
Waste Excavation and Transportation
The LLRW and MCS at the existing WMF will be progressively removed using open
excavation techniques and standard excavation equipment over four construction
seasons. Trucks will transport the waste and place it in the L TWMF, with all waste
loads to be covered with tarpaulins to prevent spillage and mitigate dust generation. All
trucks will be decontaminated prior to leaving each site and dust suppression measures
will be used at both sites and along the Inter-Site road.
Non-radioactive wastes (eg. conventional garbage and sewage) generated during
construction will be transported off-site for disposal. Radioactive wastes (eg.
contaminated construction materials, used coveralls and gloves) will be managed on-
site as LLRW and placed in the L TWMF.
Water Treatment
The water tre,atment facility on the existing WMF will be used during the period of waste
excavation and placement to treat contaminated liquids collected at both the existing
MWF and the L TWMF. Contaminated liquids include stormwater that has contacted the
waste and fluids used to decontaminate trucks and other equipment. The treated
effluent will continue to be discharged to Lake Ontario under existing discharge
standards.
The existing treatment facility will be decommissioned at the end of the construction
period and a new water treatment facility will be constructed near the L TWMF. The
new facility will treat groundwater collected from the new East Gorge Groundwater
Interceptor Trench at the existing WMF and leachate from the new mound, as well as
the contaminated water obtained through dewatering of the sludge in the existing
treatment ponds. The treated effluent will be discharged via buried pipe to Lake Ontario
near the East Gorge. Project specific discharge criteriil are being developed.
Restoration of Existing Waste Management Facility
A specific end use plan for the existing WMF once the LLRW and MCS have been
removed from the existing WMF has not yet been developed, although passive
recreational uses have been assumed, The excavated areas will be graded to remove
peaks and troughs and ,to flatten slopes to a stable configuration, uncontaminated fill
and topsoil will be placed, and the site will be seeded and landscaped.
Even after the waste has been removed, residual affected groundwater will continue to
slowly discharge to Lake Ontario, primarily through the East Gorge. A groundwater
collection system will be constructed across the low end of the Gorge and the
c,' 1
U'i.&.
intercepted groundwater will be pumped to the new water treatment facility at the'
L TWMF. Once the groundwater quality improves to a condition where direct discharge
can be made to Lake Ontario, the pumping system will be decommissioned and
groundwater will be allowed to flow through the interceptor trench without collection.
This is anticipated to occur by 2025.
MAINTENANCE AND MONITORING PHASE (2013 - 2500)
The overall dimensions of the final L TWMF will not change from those at the end of the
construction and development phase. The mound will be vegetated to protect it from
erosion. It will generally not be visible from Lakeshore Road and will appear as a
smooth feature from Newtonville Road. No specific end use has been proposed.
The low permeability cover on the mound is expected to act as an effective hydraulic
barrier for several hundred years. However, if it fails to perform as expected, it can be
accessed and repaired or replaced without disturbing the wastes within the mound. A
single composite base liner system will be installed under the mound and is expected to
provide an effective hydraulic/diffusion barrier throughout the maintenance and
monitoring phase. In the event that the gElomembrane fails, the compacted clay liner
as well as the low permeability cover would continue to control the rate of contaminant
release from the waste.
The leachate collection system beneath the mound will continue to function for the
lifetime of the LTWMF. However, waste settlement is expected to expel much of the
remaining contaminated fluids in the waste, so that minimal volumes of leachate are
expected to be generated from the mound after 2025. After this, flow to the water
treatment plant will be almost entirely from the East Gorge Groundwater Collector.
Treatment requirements will reduce once the groundwater collector is taken off-line.
Except for the fenced area around the pumping chamber for the East Gorge
Groundwater Collector, the original WMF would be available for passive recreational
uses. It is anticipated that the collector will have captured most of the impacted
groundwater within its capture zone by 2025, although this will need to be checked
through additional contamination transport modelling.
As owner of the new and remediated Port Granby WMFs, the Government of Canada
will be responsible for routine site monitoring and maintenance. The LLRWMO has
developed a preliminary inspection and maintenance schedule for both facilities to
2025. At the L TWMF, this includes regular inspection of site security, the mound
cover, and the leachate collector system. As well, groundwater, surface water and air
quality will continue to be monitored. The East Gorge Collector System on the
remediated WMF will also be inspected on a regular basis.
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Peer Review of the Port Granby Project
Environmental Assessment Study Report
March 2005
Prepared for:
The Municipality of Clarington
Prepared by:
Hardy Stevenson and Associates Ltd.
364 Davenport Road
Toronto, Ontario M5R 1K6
p: 416-944-8444
f: 416-944-0900
645
HARDY
STEVENSON
AND ASSOCIATES
ATTACHME~IT 2
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Executive Summary
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Low-level radioactive waste and associated marginally contaminated soils were deposited in
the Port Granby Waste Management Facility on the Lake Ontario shoreline from 1955 to
1988 in the Municipality of Clarington. The wastes are currently a significant source of
contamination of groundwater, soils, natural environmental features and Lake Ontario. To
resolve this problem, the Municipality of Clarington is part of a community-based initiative
to implement a safe, long-term management solution. This is known as the Port Granby
Project. The principal objective of the Port Granby Project is to manage historic wastes in a
suitably constructed, environmentally safe, socially acceptable and approptiately controlled
state for several hundred years. This management approach would result in the construction
of a new Long-Term Waste Management Facility (LTWMF).
"
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The proponent for the Port Granby project is the Low Level Radioactive Waste
Management Office of Atomic Energy of Canada Limited on behalf of the Government of
Canada. The Municipality of Claringron has an oversight and veto role by virtue of having
signed a Legal Agreement' with the Government of Canada in 2001.
To evaluate the environmental effects of the long-term solution, it was determined that a
screening level federal Environmental ASSessment (EA) would be required. Should federal
Authorities approve a LTWMF for the Port Granby Project, its construction and
development would commence in 2007 and be completed in 2012.
In 2002, the Municipality of Claringron retained a Municipal Peer Review Team (J'vlPR1) led
by Hardy Stevenson and Associates Limited. This is the third report of the MPRT to the
Municipality of Claringron on the remediation of historicLow-Level Radioactive Wastes
(LLRW) and Marginally Contaminated Soils (J'vlCS) in Port Granby. The first formal report
by the MPRT reviewed four studies defined by the Municipality of Clarington for the Port
Granby Project in accordance with the Legal Agreement mentioned above. These four
studies were a Technical Report on: Thorium 230; Groundwater Modelling; Shoreline
Protection; and, a Conringency Plan.
The second MPRT report reviewed-the Low Level Radioactive Waste Management Office
(LLRWMO) alternative means process and confirmed the acceptability of Feasible Concept
II. Feasible Concept II involves the relocation of the wastes to a LTWMF to be located in
the north-central portion of the Cameco property north of Lakeshore Road.
1 The former Municipality of Hope Township and the Town of Port Hope also signed the Agreement.
Peer Review of the Port Granby Project Environmental Assessment Study Report
Hardy Stevenson and Associates Limited
March 2005
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This third report of the MPRT reviews the Final Draft Environmental Assessment Study
Report (EASR) for the Port Granby Project (LLRWMO-03710-ENA-13004 Revision Od3,
January 2005) completed by.Golder Associates. A revised EASR is forthcoming and will be
submitted to the federal Responsible Authorities fot review.
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The EASR was developed using the information and analysis presented in a number of
technical study reports, including five baseline characterization reports. These reports
documented existing conditions for the environmental components adopted for the
screening-level EA. These teports addressed the atmospheric, geology and groundwater,
aquatic, terrestrial, and socio-economic environments. They also included a Human Health
and Safety Considerations Study, as well as six environmental effects assessment reports.
Finally, this set of study reports comprised the earlier Feasible Concepts Report and
Qualified Concept Report; a working draft of the Port Granby Project - Description of the
Project for EA Purposes; and, a Report on the Consultation and Communications Program.
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The MPRT's Conclusion
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Having reviewed the studies and analysis, the Municipal Peer Review Team has concluded
that the Environmental Assessment Study Report provides a sufficiently comprehensive
assessment of the environmental effects of the Port Granby Project. Many of the
components of the Environmental Assessment fully meet our expectations for a thorough
and comprehensive analysis of potential effects. We generally agree with the Study's
conclusions and we feel that the study, including addenda, is suitable for submission to
Federal Authorities for further review.
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It is important that the Municipality continue to have an oversight role to ensure that
additional analysis requested by the MPRT be addressed. In addition to mitigation measures
recommended in the EASR and partially profiled in this report, we have concluded that the
following changes should be made to the Description of the Project.
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The MPRT's Recommended Changes to the Description of the Project
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First, the Municipal Peer Review Team is confident that the LTWMF, as currently designed,
will provide long-term containment of low-level radioactive material and marginally
contaminated soils. The design includes a single geo-membrane liner and the underlying
upper till layer of soils that provides natural attenuation as part of the Design Concept.
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Peer Review of the Port Granby Project Environmental Assessment Study Report
Hardy Stevenson ancj Associates Limited
March 2005 -647
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However, the. goal of the Long Term Waste Management Facility is to adopt a Design
Concept that will contain the wastes for several hundred years. The current engineered
design assumes that by the year 2150 the geo-membrane component of the base liner system
may have deteriorated or experienced a malfunction to the extent that it no longer performs
as an effective barrier. As a consequence, the Design Concept shifts to relying on the upper
till layer of underlying soils to provide natural containment after 2150.
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The LTWMF can instead be designed to provide for engineered containment for several
hundred years by adding a second geo-membrane liner. Thus, the Municipal Peer Review
Team concludes that the engineered Design Concept should be changed to include a second
geo-membrane base liner that will provide a redundant containment system should the first
liner fail.
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Furthermore, the EASR should be revised to study the effects of the double liner on the
environment. The MPRT expects that the operation of the double liner will result in
beneficial effects related to leachate containment. However, there will be some adverse
effects from constructing the liner due to the additional materials required. Specifically, we
expect the revised EASR to include analysis of the effects of constructing the liner on
transportation and on the Socio-economic Environment. The EASR should also reflect any
changes to scheduling, requirements for additional materials, human resources, and
additional costs resulting from construction of the double liner.
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Second, the Design Concept for the Long Term Waste Management Facility features
movement of the wastes to the new Waste Management Facility by crossing Lakeshore
Road. The large number of truck movements required to move the wastes will involve
continual stoppage of traffic on Lakeshore Road. While the wastes can be transported safely
in this manner, the Municipal Peer Review Team recommends further study of a culvert or a
grade separation to be constructed at Lakeshore Road for the lntersite Road to allow trucks
to travel under Lakeshore Road.
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Peer Review of the Port Granby Project Environmental Assessment Study Report
Hardy Stevenson and Associates Umited
March 2005
iii
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Clw:l!Jgton
REPORT
PLANNING SERVICES
Meeting:
Date:
GENEAALPURPOSE AND ADMINISTRATION COMMITTEE
Tuesday, March 29, 2005
Report #: PSD-042-05
File #: PLN 21.2.7
By-law #:
Subject:
APPLICATION BY ST. MARYS CEMENT (CANADA) INC. TO AMEND THE
LICENSE TO DEEPEN THE BOWMANVILLE QUARRY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
~
1.
THAT Report PSD-042-05 be received;
THAT the reports prepared by Piteau Associates which provide a peer review of the
technical reports submitted by St. Marys Cement in support of their application to
deepen the Bowmanville Quarry be received;
THAT Report PSD-042-05 and the Piteau Associates reports be forwarded to St. Marys
Cement and the Ministry of Natural Resources;
THAT staff be authorized to initiate discussions with St. Marys Cement and Ministry of.
Natural Resources to ensure that the Municipality's concerns are addressed as they
relate to the quarry expansion under the approved quarry license and the proposed
amendment to the license for the quarry deepening; and
THAT the Ministry of Natural Resources, Ministry of Environment, Region of Durham,
Central Lake Ontario Conservation, Darlington Nuclear, Hydro One, MHBC Planning,
St. Marys Cement (Canada) Inc., the St. Marys Community Relations Committee and
the Port Darlington Community Association, and CN Railway be advised of Committee
and Council's decision.
3.
4.
5.
Reviewedb~ ~
ranklin Wu,
Chief Administrative Officer
CS/FLlDJC/lb
21 March2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
4.0 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (9.05)623-3379 F (9.05)623-083.0
-649
REPORT NO.: PSD-042-05
PAGE 2
1.0 Background and Purpose of Report
1.1 St. Marys Cements has applied to the Ministry of Natural Resources (MNR) to amend
their quarry license to deepen the Bowmanville Quarry from 60 metres to 180 metres,
and has submitted a number of technical studies in support of the application. Reports
submitted in support of the application include Hydrogeological Assessment and
Supplemental Recommendations on Slope Design prepared by Golder Associates.
1.2 On June 28, 2004 Council received Staff Report PSD-090-04, which recommended that
St. Marys Cement be requested to fund a peer review consultant to assist the
Municipality in the review of these technical reports. St. Marys' Cement subsequently
agreed to this request.
1.3 On September 30, 2004, the consulting firm of Piteau Associates Engineering Limited of
North Vancouver, British Columbia were retained to undertake the peer review. Piteau
Associates are renowned experts in mining practices in North America and overseas.
The reports prepared by Golder together with other supporting material was provided to
Piteau to allow a thorough review of the proposed project.
1.4 On November 24, 2004 Staff received the hydrogeological peer review from Piteau
Associates and on December 2, 2004, the geotechnical review was received (see
attachment 1 and 2). The reports were distributed to the following:
. Ministry of Natural Resources
. Ministry of Environment
. Region of Durham
. Central Lake Ontario Conservation
. Darlington Nuclear
. Hydro One
. CN Railway
. St. Marys Cement (Canada) Inc.
. Port Darlington Community Association
. St. Marys Cement Community Relations Committee
. Mayor and Members of Council
1.5 The purpose of this staff report is to provide an overview of the peer consultants
comments on the hydrogeological and geotechnical issues, and to request Council to
authorize staff to discuss these comments as they relate to the conditions of the
approved quarry license to expand the quarry footprint (Phase III of extraction) and the
proposed amendment to license for the quarry deepening with MNR and St. Marys'
Cement.
2.0 Overview of the Peer Review Consultants' Reports
2.1 The peer review undertaken by Piteau provides an overview of the
hydrogeological/hydrological aspects ofthis project as well as the geotechnical slope
design. In some instances, Piteau makes the distinction between impacts or risks
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REPORT NO.: PSD-042-05
PAGE 3
associated with the approved expansion of the quarry footprint, being Phase III of
extraction and those associated with the proposed quarry deepening.
Recommendations are also made where warranted. For the purposes of this staff
report, only the key conclusions are provided followed by their recommendations where
applicable. Staff comments are also included in this report.
2.2 Hydrogeological Assessment
2.2.1 Piteau were requested to determine whether the reports prepared by Golder adequately
addressed the following:
. Potential impacts on surrounding wells and proposed monitoring plan;
. Proposed impacts on Westside Marsh and monitoring of the partition dyke between
the future quarry and the marsh;
. Proposed quarry de-watering plan and management and monitoring of discharge
quality and impact; and
. Proposed quarry closure, which involves flooding the quarry and creation of a pit
lake.
Impact on Surroundinq Wells
Piteau generally agrees that wells in the area of Cedar Crest Beach were completed in
various sediments ranging from sand, sand to gravel to clay and shallow bedrock. The
well water levels are within 2 meters of the level of Lake Ontario. The sediment type and
existing well levels infer that a reasonable hydraulic connection to Lake Ontario exists
and that this connection should mitigate any drawdown effects from the quarry.
Maintaining the water levels in the Westside Marsh will further mitigate any drawdown
effects.
Furthermore, impacts to shallow ground water flow regime and/or wells in the Cedar
Crest Beach area would be related to expanding the quarry footprint from its current
extent. Incremental hydrogeological impact associated with deepening of the quarry
would not affect the shallow groundwater flow regime or shallow wells.
Piteau has recommended that at least eight existing wells in the Cedar Crest Beach
Area and two in the Cove Road Area be incorporated into a water level monitoring
program. They have further recommended that a baseline monitoring record be
established prior to diverting the Westside Creek and expanding the quarry footprint,
and that one or two annual cycles of data should be obtained to establish the baseline
record.
Impact on Westside Marsh Levels
Impacts on Westside Marsh levels could result if significant seepage occuring through
or beneath the partition dyke into the quarry. The seepage would result from the
expansion of the quarry footprint, but not the increased depth.
"651
REPORT NO.: PSD-042-05
PAGE 4
As already mentioned the groundwater elevations for the Westside Marsh and the water
levels appear to be similar to those of Lake Ontario, indicating good hydraulic
connection. Back-flow from Lake Ontario would maintain the Marsh level if a drought
occurs. However, if the Lake is at a low elevation, back-flow would be restricted and the
habitat value of the Marsh could be compromised. Again, the potential impacts are
related to the expansion of the quarry footprint, but not the increased depth.
Stabilitv of Partition Dvke
Water seepage through or under the partition dyke is a key factor in the stability of the
partition dyke. Piteau notes that this water seepage would be exacerbated by expanding
the quarry footprint, not by the increased depth of the quarry.
Bench Widths
Golder recommends an increase in the bench width of the toe of partition embankments
to the quarry slope from 3 to 15 metres to allow adequate area for maintenance
equipment of the dyke and embankments; 15 metres should also be left at the bedrock
surface. Piteau generally agrees with Golder but suggests some minor modifications, as
noted below.
Piteau recommends that 30 metre wide benches be retained for a period of 1 year after
the Wests ide Creek diversion has been connected and the marsh inside the dyke has
been drained. This is sufficient time to monitor the performance of the dyke and to
implement any seepage control measures while there is sufficient access to the
embankment toe. One year after the commissioning period has been completed and the
seepage regime and the performance of the dyke and overburden slopes have been
documented, the final overburden slopes can be confirmed and the bench width
reduced to 15 metres.
Monitoring program
Piteau has recommended that the monitoring program for the partition dykes and
overburden slope should include mapping seeps and signs of distress along the
embankment or quarry slopes. Monitoring should be on a weekly basis for the first three
months after the marsh is drained, and monthly for the remainder of the year and semi-
annually thereafter. Slope indicators should also be sited in the north and south partition
dykes.
Lake Ontario Setback Distance
Piteau concurs with the 100 metre setback from Lake Ontario recommended by Golder.
However, they further recommend mapping any seepage of the south overburden slope
so slope design can be modified if required.
Groundwater Discharoe Quality
The quarry expansion will increase the quantity of highly saline groundwater that flows
into the quarry sump. At the present time, the sump water is mixed with process water
from the plant prior to discharging into Darlington Creek. It is monitored to ensure that
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REPORT NO.: PSD-042-05
PAGE 5
the ratios of sump water and process water are safe for aquatic habitat. Ammonia is
also present in the deep sump water at high concentrations. The dilution of the sump
water and discharge into Darlington Creek remains feasible; however, a formal sump
water management plan is recommended to monitor the appropriate ratios of sump
water and process water during average, extreme drought and storm conditions.
Quarry Closure
The proposed quarry closure plan involves allowing it to fill with natural precipitation and
run-off or conveying Lake Ontario water into the quarry through an engineered
connection. The amount of time it would take to fill the quarry with natural run-off would
likely be a century, whereas Lake Ontario water could be used to fill the quarry over a
few years.
Piteau suggests that the quality of water in the pit lake will gradually become saline. A
detailed closure plan should be developed which takes into consideration the sump
water management program discussed above. The closure design should also address
discharge flows, the hydraulic separation between the Westside Marsh and the pit lake,
habitat values, and the end use of the pit lake.
2.4 Geotechnical Assessment
2.4.1 Piteau were requested to determine if the Supplemental Recommendations on Slope
Design for the proposed Quarry Deepening appropriately addressed the overall stability
and operational safety of deepening the quarry, particularly with respect to higher risk
slopes on the north wall adjacent to the hydro transmission lines and CN Railway and
the south wall adjacent to the Westside Marsh and Lake Ontario.
Bench Design and Rockfall Protection
Piteau generally concurs with a 15 metre high bench and an 8 metre wide catch bench,
provided that 8 metres of the catchment remain following excavation. With respect to
rockfall protection, manual scaling to remove loose material from the bench face is
recommended. Rockfall events should be documented based on boulder size and
locations such that future rockfall monitoring can be calibrated and catch bench designs
optimized.
Stability Analysis of the Overall Slopes
Piteau noted that assessments of overall slope stability were examined by Golder using
computer modeling, however, only a general discussion of the analysis approach and
findings were provided. As such, Piteau was unable to provide specific opinion on the
overall stability of the overall quarry design.
Adjustment of the Slope Geometry
Piteau noted that the potential for deep seated toppling did not appear to be assessed
for the north and south walls. However, Piteau recommended that orientations of the
north and south wall be adjusted to avoid the potential for toppling. Alternatively,
adjustment to the overall angle of the slope should be made. In addition, Piteau has
.653
REPORT NO.: PSD.042-oS
PAGE 6
suggested haul ramps at the south and north walls to reduce the overall slope angle
and improve stability. .
Groundwater Seepage
Piteau has concerns with Golder's recommendations to install horizontal drain holes on
each bench to a depth of 25 metres to accommodate groundwater seepage. The
effectiveness of the drain holes should be monitored with piezometres.
Slope Monitoring
Piteau concurs with Golder's recommendations to use a network of reflected survey
prisms on the north wall to monitor any movement on a regularly scheduled basis.
Piteau also concurs with the recommendation to use inclinometers on the north and
south wall, with reference to a specific monitoring program.
3.0 Staff Comments
3.1 In general, the peer review consultants reports do not reveal any major deviations or
contradictions from the reports prepared by Golder Associates. In some instances,
Piteau does make a distinction between the risks and potential impact associated with
the approved quarry footprint as opposed to the proposed quarry deepening. Additional
recommendations are made to mitigate impacts by adjusting slope angles, bench widths
and heights and including detailed monitoring programs. However, stability of the slope
of north and south walls has not been satisfactorily addressed according to Piteau.
St. Marys has forwarded the peer review comments to Golder Associates for a
response on each item. Golder has responded to all issues raised by Piteau and any
generalized concerns. Golder has recommended that modeling will be refined as part of
the detailed design stage once the finalized quarry layout is available. With regard to the
north wall, current planning involves construction of a soil ramp against the face of the
north wall. Risk Zones along the north and south walls will also be delineated.
In a letter dated February 28, 2005, to the Director of Planning Services (Attachment 3),
St. Marys has agreed to implement the recommendations of Golder Associates and
Piteau Associates into their site plans with respect to a groundwater monitoring plan, a
slope stability monitoring plan and will list design requirements and items to be
considered in the final engineering design and final details, as part of the amendment to
the quarry license request under the Aggregate Resources Act.
3.2 Prior to the Municipality providing favourable comments to the MNR on the proposed
quarry deepening, the Municipality must ensure that its interests and the interest of the
residents are protected. In particular, groundwater monitoring to protect domestic wells,
stability of quarry walls to avoid mass failures, and stability of the partition dyke. There
is no doubt that St. Marys is willing to consider the majority of comments from Piteau in
its proposed license amendment, however 51. Marys issues associated with the
expansion of the quarry footprint into Phase III must also be Considered. Staff is
requesting authorization to commence discussion with MNR and SI. Marys Cement to
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REPORT NO.: PSD-042-05
PAGE 7
address among other matters, the conditions of approval for the amendment to the
license to deepen the quarry.
4.0 CONCLUSIONS
4.1 The peer review report has identified distinct issues related to the quarry expansion and
the quarry deepening. It will be important for the Municipality to ensure that all of the
potential impacts are identified and addressed with respect to both the approved
expansion of the footprint and the proposed quarry deepening. It is desirable to
accomplish this through discussions with the Ministry of Natural Resources, Aggregate
Division and St. Marys Cement.
Attachments:
Attachment 1 - Peer Review for Quarry Deepening (sent out under separate cover)
Attachment 2 - Geotechnical Review for Quarry Deepening (sent out under separate cover)
Attachment 3 - Letter to Director of Planning Services MNR Site Plan Amendment Application
List of Interested parties to be notified of Council's decision:
Ministry of Natural Resources
Ministry of the Environment
Region of Durham Planning Department
Central Lake Ontario Conservation
Durham Nuclear
Hydro One
MHBC Planning
St. Mary's Cement (Canada) Inc.
Canadian Pacific Railway
Port Darlington Community Association
St. Mary's Cement Community Relations Committee
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ATTACHME~ 3
ST MARYS CEMENT INC.
.... '.c h""~.'"'- ., ','CO" gi~'.'Iill
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! ~ '" 1 ; ;;' . ~ 1 \ 'i/ ! 'S
','..:,_f;: ,.:':"\ \J. -1....":7';
i_>..i~.fiji~GTON
~RTMENT
Technical Centre
410 Waverley Road, R.R.#2
Bowmanville, Ontario
LlC3K3
TeI,905-623-1722
Fax: 905-623-5705
February 28. 2005
DELIVERED BY MAIL
Mr. David Crome
Municipality of Ciarington
Planning Department
40 Temperance Street
Bowmanville. ON L1C 3A6
Dear Mr. Crome:
RE: ST. MARYS BOWMANVILLE QUARRY - PROPOSED QUARRY DEEPENING - MNR
SITE PLAN AMENDMENT APPLICATION
Thank you for providing a copy of Piteau Associates peer review comments on
the hydrogeological and geotechnical assessment that was prepared by Golder
Associates. Golder Associates has reviewed Piteau's recommendations and
attached is a response. I am pleased to report that there is general
concurrence between the two engineering firms. St Marys' is now in the process
of preparing notes for inclusion in our Aggregate Resources Act Site Plans to
impiement the recommendations of Golder Associates and Piteau Associates,
The site plan notes will include a:
. detailed groundwater monitoring plan:
. detailed slope stability monitoring plan; and
. list design requirements and Items to be considered in the final
engineering design and final closure plan of the quarry.
If you have any questions regarding the attached document please call,
Yours truly.
~
T.E. Austin MacMurdo. C.E.T.
Lands Manager. Cement & Ready-Mix
c.c. Cynthia Strike. Municipality of Clartngton
Cathy Douglas. Ministry of Natural Resources
Brian Zeman. MHBC Planning
Rob Blair. Golder Associates
W. Lillie.F. Cesconetto. J. Hill
File: lands/cement/bowmanville/2202 MNR/licence amendment 2004
Doc: Clarington crome piteau golder response Feb 28 2005
656
www.stmaryscement.com
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CI~ill-gron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
PSD-043-05
File #: ZBA 2002-010 and
ZBA 2004-008
By-law #:
Subject:
REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND CAR
WASH
APPLICANT: IMPERIAL OIL LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-043-05 be received;
2. THAT the rezoning applications submitted by Evans Planning on behalf of Imperial Oil
Limited to permit the redevelopment of a gas station with a convenience store and car
. wash be APPROVED;
3. THAT the attached By-law contained in Attachment 2 be passed and a copy forwarded
to the Regional Municipality of Durham;
4. THAT the Holding (H) symbol be removed by By-law at such time as the applicant has
satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by: 6 ~ ~
Franklin Wu
Chief Administrative Officer
Submitted by:
RH*CP*DC*df
16 March 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905}623-3379 F (905)623-0830
657
REPORT NO.: PSD-043-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Imperial Oil Limited
1.2 Agent: Evans Planning
1.3 Rezoning: To amend the "Service Station Commercial Exception (C7-5) Zone"
and "Urban Residential Type One (R1) Zone" to permit the
redevelopment of a gas station with a convenience store and car
wash.
1.4 Site Area: 0.54 hectares
2.0 LOCATION
2.1 The lands under consideration include 1451 and 1455 Highway 2 as well as 1
Darlington Boulevard. They are generally located at the southeast comer of
Highway 2 and Darlington Boulevard in Courtice (See Attachment 1). The
applicant has recently. purchased the property at 1 Darlington Boulevard to
accommodate the larger proposal. The site area totals 0.54 hectares (1.3 acres).
The property is located within Part Lot 34, Concession 2, in the former Township
of Darlington.
3.0 BACKGROUND
3.1 Council approved the rezoning of the original application for redevelopment at
1451 and 1455 Highway 2 on June 23, 2003. The proposal included a gas
station with a 174 sq.m. convenience store and a car wash. The layout of the
site was similar to the current proposal with the car wash being located along the
northeastern portion of the property and the convenience store being located
along the southern property boundary.
3.2 On March 5, 2004, Staff received a revised set of rezoning applications from
Evans Planning on behalf of Imperial Oil Limited to permit the redevelopment of
the existing gas station including a convenience store, car wash, and restaurant
with a drive-through facility. With the acquisition of property located at 1
Darlington Boulevard, the application has been revised to include an expanded
site area.
Although the revised application originally contained a drive-through restaurant
with the convenience store, the drive-through restaurant could not fulfil the
Municipality's drive-through use guidelines. The applicant has now deleted this
use from the application.
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REPORT NO.: PSD-043-05
PAGE 3
3.3 At the Public Meeting held for the revised application on June 7, 2004, a number
of area residents spoke in opposition to the application for the following reasons.
. The convenience store may attract teenagers and result in more vandalism in
the area.
. The close proximity of the car wash to residential properties could result in
contaminants draining towards their properties.
. The location of the car wash will generate more noise for adjacent residents.
. Since the traffic signals at Darlington Boulevard and Highway 2 are already
congested, additional traffic from the proposal will cause more congestion.
. Increased traffic levels generated by the proposal will make pedestrian street
crossing more difficult at the intersection.
These issues will be discussed in Section 8.4 of this report.
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The developed portion of the property contains a small kiosk with gas pumps
covered by a canopy. These lands generally drain towards Highway 2. The
property at 1455 currently drains to the south and east. The property at 1
Darlington Road contains a residential dwelling that would be removed through
redevelopment. Grading and drainage between the properties would be
integrated through redevelopment.
4.2 Surrounding Uses:
East:
North:
West:
South:
Commercial uses
Courtice Medical Centre and Whitecliffe Terrace Seniors Building
Waltzing Weasel pub and restaurant
Urban residential
5.0 OFFICIAL PLAN POLICIES
5.1 The Durham Region Official Plan designates the property "Sub-Central Area".
The proposed amendment is in conformity with the Durham Region Official Plan.
5.2 The Clarington Official Plan designates the property as "Mixed Use" within the
Courtice Sub-Central Area Secondary Plan. This land use designation permits
mixed use buildings with commercial and residential uses, office buildings,
medium and high density residential uses, and community facilities. Although the
existing gas station is not contemplated within the current land use designation,
Section 10.10 of the Clarington Official Plan permits service stations within any
urban land use designation. The proposal is in conformity with the Clarington
Official Plan.
-669
REPORT NO.: PSD-043-05
PAGE 4
6.0 ZONING BY-lAW CONFORMITY
6.1 The property at 1451 and 1455 Highway 2 is currently zoned "Service Station
Commercial Exception (C7-5) Zone", which does not permit the proposed
restaurant and drive-through facility. The lands located at 1 Darlington Boulevard
are currently zoned "Urban Residential Type One (R1) Zone", which does not
permit any of the proposed uses. In order to consider the proposed
development, a rezoning application was submitted for consideration.
7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services Department has no objections to the
proposed development.
7.2 The Clarington Engineering Services Department has no objections to the
rezoning application provided that the following matters are addressed through
site plan approval.
. The applicant will be required to install a new section of sidewalk in front of
the development, which is to connect to the existing sections.
. The proposed retaining wall is situated in close proximity to the east and
south property lines. The applicant must demonstrate that the retaining wall
can be constructed without affecting adjacent private property.
. A revised stormwater management plan must be approved by the Durham
Region Public Works Department and Central lake Ontario Conservation.
. All necessary securities for entrance works, sidewalk reconstruction, and
landscaping must be provided. All entrance works within the Darlington
Boulevard road allowance must be constructed to municipal standards.
. A 2% cash-in-lieu of parkland contribution will be required from the applicant.
7.3 The Durham Region Planning Department has no objections to the rezoning
application provided that all matters relating to operational noise from the car
wash are addressed.
7.4 The Durham Region Public Works Department has no objections to the
development provided that the following requirements are fulfilled through site
plan approval.
. Municipal servicing is available to the subject lands through a 300 mm
watermain on Darlington Boulevard and an existing 375 mm sanitary trunk
sewer on Baseline Road. With the inclusion of the car wash, backflow
prevention is necessary to protect the domestic water supply. An
inspection manhole is required for the sanitary service.
. Highway 2 is designated a Type "8" arterial road. Sufficient road
widenings are required to provide a minimum of 15.0 metres from the road
centreline to achieve the necessary minimum 30.0 metre width.
. A 15.0 metre by 10.0 metre sight triangle is required at the southeast
corner of Highway 2 and Darlington Boulevard.
- 670
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REPORT NO.: PSO.()43.05
PAGE 5
. Only right-in and right-out access will be permitted on the access to
Highway 2.
. A raised centre island median extending across the property's entire
Highway 2 frontage will be required. The applicant must pay a
proportionate share towards construction of this median.
7.5 Central Lake Ontario Conservation has no objections to the rezoning application
provided that revised lot grading/drainage and stormwater management plans
are submitted for review through site plan approval.
7.6 Hydro One Networks Inc. has no objections to the rezoning application. The
utility has easement rights for anchors and associated distribution equipment on
the property. Through site plan approval, they will ensure that their easement
rights on the property are mainta.ined.
8.0 COMMENTS
8.1 Staff have completed a review of the development proposal and noted the
following issues.
. Staff were concerned about the proximity of the car wash stacking lane to the
residence located at 3 Darlington Boulevard and potential noise and vehicle
emissions that this residence may be subjected to from the operation of the
car wash during peak periods. There was little room to move the stacking
lane and fulfil the 12 metre setback from a residential zone.
. The Municipality's drive-through design guidelines do not permit a stacking
aisle to be situated between a building and the road allowance. The proposal
showed the stacking lane for the drive-through restaurant in this location.
Staff did not support the stacking lane in this location and requested that this
be relocated or removed from the proposal.
In response to our concerns, Imperial Oil Limited has revised the development
proposal in the following manner. In essence, the proposal is similar to the one
that Council previously approved with the exception that the site is larger.
. The car wash has been relocated to the eastern property line where it was
previously located. The stacking lane accommodates 10 cars and has a
setback from the residential zone in excess of 12 metres.
. The drive-through restaurant component has been removed from the
proposal and the convenience store has been reduced in size from 297 sq.m.
to 174 sq.m. The building setback to the residence at 3 Darlington Boulevard
has been increased from 6.0 metres to 16.1 metres. Staff will ensure that the
southern property line will be appropriately landscaped and fenced.
8.2 A revised noise study must be prepared to ensure that noise from the wash
operations as well as idling cars do not adversely impact adjacent residential
properties. The necessary type of noise and/or privacy fencing along the
-671
REPORT NO.: PSD.Q43.QS
PAGE 6
southern property line will be determined by a noise study to be completed by the
applicant through site plan approval.
8.3 A revised lighting study must to be prepared to ensure that light will not adversely
impact surrounding properties or traffic operations on Highway 2.
8.4 Although a number of issues were raised by surrounding residents at the public
meeting, many of these issues will be addressed through site plan approval
process. The residents' concerns will be addressed in the following manner.
· Area residents are concerned that the convenience store may attract
teenagers and result in more vandalism in the area. One of the functions of
Central Areas is to serve as gathering places for people. Loitering on the
property will be the owner's responsibility. It is the owner's interest to ensure
that all people patronize the facility and that it remain clean.
· The facility will be designed so that any contaminants used by the car wash
and from the parking lot will be trapped and removed by stormceptor floor
drains. This will ensure that no contaminants reach adjacent private
properties.
· The car wash has been relocated towards the northern portion of the site. A
noise study will also be prepared to ensure that mitigation measures are
implemented to ensure that operational noise do not affect adjacent residents.
. Although the proposal will generate additional traffic, the lands are within a
Central Area designated for additional growth. Highway 2 is a Type "B"
arterial road capable of accommodating the additional traffic. Traffic travelling
eastbound can exit the site directly onto Highway 2, where as traffic travelling
westbound will have to wait at the intersection, which will cause additional
queuing. Staff feel that the additional traffic impacts are not unreasonable
given the location. The time delay of the traffic signals at Darlington
Boulevard and Highway 2 is the responsibility of the Durham Region Public
Works Department.
· Traffic generated from the proposal should not have an impact on the ability
of pedestrians to cross Darlington Boulevard at Highway 2. Traffic can enter
the site through either entrance. Pedestrians do have the right of way at
intersections, especially given previous concern about the length of the light
at this intersection.
8.5 Although responsibilities for remediation of contaminated sites have been
delegated to the Municipality, the Fuels Safety Division of the Technical
Standards and Safety Authority (TSSA) governs the remediation of existing gas
station sites. Their protocol covers spills, leaks, and the discovery of petroleum
leaks and spills into the environment both on the property and beyond the
property boundary, and site restoration. The protocol includes surface and
subsurface chemical remediation criteria for potable and non-potable
groundwater environments. Normally, all necessary environmental reports and
site remediation must be completed in advance of site plan approval. Although
contamination may exist on operating gas station sites, the TSSA protocol was
- 672
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REPORT NO.: PSD-043-05
PAGE 7
developed to permit gas stations to remain operational until site plan approval is
granted and a building permit is issued. In conjunction with the building
demolition and site redevelopment process, Imperial Oil Limited will conduct all
necessary environmental studies to ensure that all contamination is removed to
the satisfaction of TSSA. This permits the station to remain operational until the
redevelopment phase is initiated.
8.6 Redevelopment of the subject lands will also trigger construction of the centre
median on Highway 2 from Darlington Boulevard east towards the eastern extent
of the Courtice Medical Centre and Whitecliffe Terrace Senior's Building. All
existing entrances onto Highway 2 within the affected area will be limited to right-
in/right-out status. The applicant will be required to contribute towards the cost of
the centre median construction.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments received from
the circulated agencies, the Clarington Official Plan, and Zoning By-law. In
consideration of the comments contained in this report, Staff respectfully
recommend that the rezoning application for this development proposal, as
contained in Attachment 1, be APPROVED and that the By-law contained in
Attachment 2 be passed by Council.
9.2 The proposed Zoning By-law contains the Holding (H) symbol, which will be
removed once the applicant has satisfied Staff that the provisions of Section
23.4.3 of the Clarington Official Plan are fulfilled.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
Interested parties to be notified of Council's decision
Murray Evans
Arv Sestokas
Wayne Bolahood
Joe Kryszak
Cornelius and Maria Maryn
Tony and Maria Iezzi
Ken Pasricha
673
ATTACHMENT 1
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DURHAM HIGHWAY 2
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ZBA 2004-008 and 2002-010
SPA 2002-009
Zoning By-law and
Site Plan Amendments
Owner: Imperial Oil Limited
674
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THE CORPORATION OFTHE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-_
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being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
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WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with applications ZBA 2002-010 and ZBA 2004-008 to permit the
redevelopment of an existing motor vehicie fuel bar with a convenience store and a car
wash;
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NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation at-the
Municipality of Clarington enacts as follows:
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1.
Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
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"Service Station Commercial Exception (C7-5) Zone" to "Holding - Service
Station Commercial Exception ((H)C7-5) Zone"
"Urban Residential Type One (R1) Zone" to "Holding - Service Stetion
Commercial Exception ((H)C7-5) Zone"
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as shown on the atteched Schedule "A" hereto.
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2.
Schedule "A" attached hereto shall form part of this By-law.
3.
This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Seelion 34 of the Planning Ael, R.S.O. 1990.
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day of
2005
By-Law read a first time this
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By-Law read a second time this day of
2005
By-Law read a third time and finally passed this
day of
2005
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
675
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ATTACHMENT 2
This is Schedule "A" to By-law 2005-
passed this day of .2005 A.D.
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Zoning Change From "C7-5" To "(H)C7-5"
Zoning Change From "R1" To "(H)C7-5"
John "'utton, Moyor
Potti L. Borrie. Municipal Clerk
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Cl![-!lJglon
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
PSD-044-05
File #: ZBA 2004-043
By-law #:
Subject:
REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH
REDUCED 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-044-05 be received;
2. THAT the rezoning application submitted by Martin Topolie on behalf of Peter Sainovski
to permit the conversion of two existing vacant buildings totalling 173 sq.m. for retail
commercial uses and permit the construction of a new 184 sq.m. commercial building
with reduced loading space size and sight triangle standards be APPROVED;
3. THAT the attached By-law contained in Attachment 2 be passed and a copy forwarded
to the Regional Municipality of Durham;
4. THAT the Holding (H) symbol be removed by By-law at such time as the applicant has
satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by: O,.A. t"H / Q-....: ~
Franklin Wu
Chief Administrative Officer
RH*CP*DC*df
16 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
677
REPORT NO.: PSD-044-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Peter Sainovski
1.2 Agent: Martin Topolie
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 184
sq.m. commercial building with reduced loading space size and
sight triangle 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 proposed converting the building at 123 King Avenue
West for use as a bakery and to convert the building at 119 King Avenue West as
a publrestaurant. 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" with southern half of the property
being zoned "Urban Residential Type Two (R2) 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 provide adequate parking and loading spaces, driveway setbacks
to a residential zone, and landscaped area for the conversion of the two
buildings. Discussion regarding use of additional lands owned by the applicant
6'18
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REPORT NO.: PSD-044-o5
PAGE 3
led to comprehensive planning of the entire land holdings to permit the
development to proceed. The applicant retained a consultant to prepare a site
plan for the entire property.
3.3 A statutory Public Meeting was held on January 10, 2005 for the proposal.
Although most area residents favour the conversion of the existing buildings, the
following concerns were voiced on the proposal.
· Given the amount of vacant retail f100rspace in Newcastle Village, it is
questionable whether additional retail commercial development is necessary
at this time.
· Additional development would cause traffic problems on Baldwin Street.
· Residents are concerned that a convenience store or undesirable commercial
use will be located in the proposed building.
. There is insufficient parking available for the development. This will result on
more parking on Baldwin Street, which will block the communal mailboxes.
· A larger setback between the proposed commercial building and existing
residences was necessary.
· Construction of the proposed building may result in damage to existing
hedges and landscaping.
· The garbage containers will be located outside and result in increased litter.
· The new commercial building will result in loss of privacy. The parking area
must be screened for privacy reasons and to prevent people from cutting
across the property.
These issues are addressed in Section 8.3 of this report.
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:
North:
West:
South:
Commercial uses
Commercial uses
Urban residential uses
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
-679
REPORT NO.: PSD-044-05
PAGE 4
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 for
conversion of the existing structures to commercial uses. 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 AGENCY COMMENTS
7.1 . The Clarington Emergency Services Department, Durham Region Planning
Department, and Veridian Connections have no objections to the proposed
development.
7.2 The Clarington Engineering Services Department and Clarington Building
Division have no objections provided that the following conditions are fulfilled
through site plan approval.
. All boulevard works on Baldwin Street that are undertaken by the applicant
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.
Prior to the reconstruction and urbanization of Baldwin Street by the
Municipality, a temporary drainage scheme may be permitted. These details
will be finalized through site plan approval.
. A reduced sight triangle at the intersection of King Avenue West and Baldwin
Street with dimensions of 6.0 metres by 6.0 metres is acceptable for
dedication to the Municipality.
. 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.
. An appropriate cash-in-lieu of parkland payment will be required.
7.3 The Durham Region Public Works Department has no objections to the proposal
provided that the following conditions are fulfilled through site plan approval. .
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REPORT NO.: PSO-044-05
PAGE 5
. Should larger services be required for the existing buildings, these must be
indicated on future site plan submissions.
. The proposed building must be connected to full municipal services from
Baldwin Street. The new building will be subject to Regional commercial
development charges as well as sewer and water frontage charges.
7.4 The Ganaraska Region Conservation Authority has no objections to the proposal.
Given the small size of the site, the applicant will not be required to submit a
storm water management study for approval.
8.0 COMMENTS
8.1 Staff have met with the applicant on a number of occasions to discuss the entire
development proposal. It was felt that in order to accommodate the conversions
and new construction, a site plan detailing the entire proposal was necessary.
Staff, in conjunction with the applicant's consultant, felt that placing the proposed
building at the southern extent of the property would buffer adjacent residents
from noise, on-site traffic, and operational issues. In addition, the applicant
designed the proposed new building to maintain the residential character of the
area.
8.2 Based on the concems raised by area residents at the Public Meeting on
January 10, 2005, a meeting was organized with these residents to discuss their
concerns in detail. The initial meeting was held on January 24, 2005, which was
attended by area residents, the regional and local Councillors, Staff, the
applicant, and the consultant. The following issues were discussed at the
meeting.
· The residents believe the purpose of the Zoning By-law is to guide new
development. The proposal must comply with existing zoning regulations.
. The residents requested a larger setback between the proposed commercial
building and existing residences is necessary. Although some residents
requested that the proposed building be moved immediately south of the
existing buildings, this could result in Fire Code issues. It was finally agreed
that the proposed building should be moved to the middle of the site.
. The residents believe that additional development would cause traffic
problems on Baldwin Street. Although the development will result in
additional traffic, the subject lands have been designated for retail commercial
uses since the Clarington Official Plan was approved. The proposal conforms
with the policy direction in the Clarington Official Plari.
. The applicant indicated that only retail and/or professional office uses will be
located in the proposed building.
. Although residents felt that there is insufficient parking available for the
development, the proposed parking exceeded the Zoning By-law
requirements.
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REPORT NO.: PSD-044-05
PAGE 6
. Garbage from the existing buildings will be stored within an enclosed garbage
structure. Garbage from the proposed building will be stored internally. The
applicant will be required to ensure that litter does not cause a problem for
residents.
. The neighbours to the southeast are concerned that their mature cedar hedge
will be impacted by construction and their privacy disrupted. They suggested
that a fence be constructed around the hedge.
. The parking area must be screened for privacy reasons. This will be
accomplished through landscaping along Baldwin Street. A privacy fence
along the eastern property line to prevent people from cutting through the
property to reach Baldwin Street was requested.
The applicant and consultant were requested to revise their proposal and
address these concerns.
8.3 On February 7,2005, a second meeting was held with the same group of people
to discuss the revised site plan. The residents' concerns have been addressed
in the following manner.
. The proposed building has been relocated to the middle of the property,
which addresses privacy concerns of adjacent residents. Although the size of
the proposed building has been increased from 165 sq.m. to 184 sq.m., the
building's residential style blends in with the surrounding residential character.
. Garbage will be stored within an enclosed garbage building for the existing
buildings. Garbage from the proposed building will either be stored internally
or within the garbage building.
. The parking lot has been split into two separate lots with separate access
points onto Baldwin Street. Traffic is no longer concentrated through one
entrance.
. Sufficient parking is provided based on the Zoning By-law requirements for a
shopping centre. This provision provides sufficient parking to permit all
general commercial uses.
. The landscaping plan will be finalized through site plan approval. Staff will
ensure that the property is appropriately fenced and landscaped to address
residents' concerns.
. It was agreed that the mature cedar hedge at the southeast corner of the
property would remain but would be trimmed sufficiently to accommodate a
privacy fence line along this section of common property boundary.
. Concerns were again raised about the intended use of the proposed building.
The applicant indicated that only retail and/or professional office uses will be
located in the proposed building and not a convenience store. The zoning by-
law amendment attached to this report limits the range of uses in the
proposed building.
. Concerns were raised about the lack of loading spaces. Since the
development consists of three small buildings, delivery vehicles are likely to
consist of cube vans or cars. Loading for all three buildings could be
accommodated by one loading space with a slight reduction in size. The
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REPORT NO.: PSD-044-05
PAGE 7
zoning by-law amendment attached to this report requires one loading space
with a reduced size of 4.0 metres by 7.5 metres rather than the standard size
of 4.0 metres by 9.0 metres.
. The applicant indicated that since the proposed building would not be
constructed for 2 to 5 years, the building footprint would remain sodded until
construction commences.
Although many residents would prefer a parking area to a new building, they all
agreed that the revised proposal as contained in this' report addressed their
concerns. Staff support the revised proposal as it addresses the majority of
concerns, and is more in conformity with the Zoning By-law.
8.4 The Zoning By-law requires that the sight triangle be dedicated to the
Municipality at the intersection of two streets with the dimensions of 7.5 metres
by 7.5 metres. In recognition that the proposal is located within the established
portion of the Newcastle Village Main Central Area, the Clarington Engineering
Services Department has agreed to reduce the sight triangle requirement size to
6.0 metres by 6.0 metres.
9.0 CONCLUSIONS
9.1 The application has been reviewed in consideration of comments received from
the circulated agencies, the Clarington Official Plan, and Zoning By-law. In
consideration of the comments contained in this report, Staff respectfully
recommend that the rezoning application Tor tnlS development proposal, as
contained in Attachment 1, be APPROVED and that the By-law contained in
Attachment 2 be passed by Council.
9.2 The proposed Zoning by-law contains the Holding (H) symbol, which will be
removed once the applicant has satisfied Staff that the provisions of Section
23.4.3 of the Clarington Official Plan are fulfilled.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed Zoning By-law
Interested parties to be notified of Council's decision
Peter Sainovski
Martin Topolie
Patricia Norton
Barry Jones
Kaye Quinney
Ruth Bonathan
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ATTACHMENT 1
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ZBA 2004-043
Zoning By-law Amendment
SPA 2004-032
Site Plan Application
Owner: Peter Sainovski
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ATTACHMENT 2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
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being a By-Law to amend By-Law 84-63, the Comprehensive Zoning
By-law for the Corporation. of the Municipality of Clarington
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WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2004-043 to permit the conversion of two
existing vacant buildings totailing 173 sq.m. for retaii commercial uses and construction
of a new 184 sq.m. commercial building with reduced loading space size and sight
triangle standards;
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NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
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1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by introducing a new Subsection 16.5.40 as follows:
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"16.5.40 GENERAL COMMERCIAL EXCEPTION (C140) ZONE
Notwithstanding Sections 2, 3.12(a), 3.21, and 16.1(b), those lands zoned C140 on
the Scheduies to this By-law shall be subject to the following zone regulations:
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a) Definitions
i) Drive-Through Facility
Shall mean the use of land, buildings or structures, or part thereof,
to provide or dispense products or services, either wholly or in part,
through an attendant or a window or an automated machine, to
customers remaining in motor vehicles located in a stacking lane.
A drive-through facility may be in combination with other uses such
as a bank or financial institution, dry cleaning establishment, dry
cleaning distribution centre, eating estabiishment, eating
establishment driv....in, eating establishment take-out, motor vehicle
fuel bar, motor vehicle service station, retail commercial
establishment, service shop, light, service shop, personal, shopping
centre, or supermarket. Despite the above, a driv....through facility
does not inciude a motor vehicle wash.
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b) Regulations
i) Notwithstanding the provisions of 16.1(b), no person shall use any
land or erect or use any building or structure located in a C140
zone for a drive-through facility.
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ii)
Notwithstanding the provisions of 16.1(b), the use of buildings with
a front yard setback in excess of 25 metres shall only be used for
the following uses:
a) bakery shop;
b) bank or financial establishment, business, professional or
administration office;
c) day nursery:
d) medical or dental clinic; and,
e) retail commercial establishment.
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iii)
Iv)
Loading Space Size (minimum)
Sight Triangle Size (minimum)
4.0 metres by 7.5 metres
6.0 metres by 6.0 metres"
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2.
Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"General Commercial Exception (C1-33) Zone" to "Holding - General Commercial
Exception ((H)C1-40) Zone"
"Urban Residential Type Two (R2) Zone" to "Holding - General Commercial
Exception ((H)C1-40) Zone"
as shown on the attached Schedule "A" hereto.
By-Law read a first time this day of
2005
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3. Scheduie "A" attached hereto shall form part of this By-law.
4. This By-Law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act, R.S.O. 1990.
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
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I This is Schedule "A" to By-law 2005- ,
I passed this day of , 2005 A.D.
KING AVENUE WEST
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John Mutton, Mayor Patti L. Borrie. Municipal Clerk
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KING AVENUE WEST KING AVENUE EAST
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Cl!![igglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #: PSD-045-05
File #: PLN 1.1 .5.1
By-law #:
Subject:
2005 PROVINCIAL POLICY STATEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report PSD-045-05 be received for information.
Submitted by:
Reviewed by:
O~-t:~
Franklin Wu,
Chief Administrative Officer
HB/FL/df
18 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-045-05
PAGE 2
1.0 BACKGROUND
1.1 In June, 2004 the Province released three discussion papers dealing with planning
reform for consultation. They included Planning Act Reform and Implementation Tools;
Provincial Policy Statement; and Ontario Municipal Board (OMB) Reform. Reports No.
PSD-105-04, and PSD-106-04 dated September 7,2004 contained staff comments on
the draft documents.
1.2 The major issues that the three Planning Reform discussion papers attempt to address
are growth and growth management, especially in the GTNGolden Horseshoe Area,
Source Water Protection and what the roles of local and provincial decision-making
should be. The three discussion papers propose to comprehensively bring together all
the reforms proposed by the government for land-use planning; as such, they cannot be
read in isolation from other discussion papers and proposed legislation currently under
consideration.
1.3 This report will focus on the Provincial Policy Statement reform. The Provincial Policy
Statement provides policy direction on matters of provincial interest related to land use
planning and development. The policies focus on the key provincial interests related to
land use planning. The current Provincial Policy Statement (PPS) was issued in May
1996 and amended February 1997. The Planning Act requires that the PPS to be
reviewed every five years. .
1.4 On March 1, 2005, a new Provincial Policy Statement came into effect. It replaces the
previous Provincial Policy Statement issued in May 1996. All applications, matter or
proceedings commenced after March 1, 2005 will be subject to the new PPS policies.
1.5 The policies of the PPS are further articulated in the Growth Plan for the Greater
Golden Horseshoe and the Greenbelt Plan. More detailed provincial plans, such as the
Oak Ridges Moraine Conservation Plan and the Greenbelt Plan, take precedence over
the PPS to the extent of any conflict.
1.6 The purpose of this staff report is to highlight the differences between the previous PPS
and the new PPS. In addition, some of the new provincial directions contained in the
PPS will require amendments to the Municipality of Clarington's Official Plan. These
areas that may need revision to ensure consistency with the PPS are identified in bold
italics. It is noted that only the amendments required to address the PPS policy
directions are identified. The Greenbelt Plan (approved on February 28, 2005), and the
Growth Plan for the Greater Golden Horseshoe, once approved, will also require
amendments to the Clarington Official Plan to ensure consistency.
2.0 COMMENTS ON 2005 PROVINCIAL POLICY STATEMENT
2.1 The Provincial Policy Statement addresses:
. Legislative Authority
. Vision for Ontario's Land Use Planning System
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REPORT NO.: PSD..o45-05
PAGE 3
. Policies for Building Strong Communities, Wise Use and Management of Resources
and Protecting Public Health and Safety
. Implementation and Interpretation
. Definitions
2.2 The policy directions build on the framework of the existing PPS. The PPS establishes
the provincial interest, from a policy perspective, in the land use planning system in
Ontario. The new policy directions have an increasing emphasis on infill and
intensification, redevelopment within existing settlement areas, protection of the natural
heritage system and natural resources and the protection of the health and safety of
people from natural and human-made hazards. The new PPS is more prescriptive and
includes several new dirElctions and areas of provincial interest.
2.3 Legislative Authority
The Policy Statement is issued under the authority of Section 3 of the Planning Act.
This section was amended by Bill 26, Strong Communities Act, 2004, when it received
Royal Assent on November 30, 2004. One significant amendment to the Planning Act
was to require that all planning decisions must be consistent with the new Provincial
Policy Statement. This more stringent requirement is incorporated into the 2005 PPS.
Rather than requiring that all planning decisions "have regard for" the Provincial Policy
Statement, all planning decisions must "be consistent with" the Provincial Policy
Statement.
2.4 Vision for Ontario's Land Use Planning System
The Vision provides the context for applying the Provincial Policy Statement. The PPS
focuses growth within settlement areas and away from significant or sensitive resources
and areas which may pose a risk to public health and safety. Land use is to be carefully
managed to accommodate appropriate development to meet the full range of current
and future needs, while achieving efficient development patterns. The wise use and
sustainable management of the Province's natural heritage resources, water,
agricultural lands, mineral resources, and cultural heritage and archaeological
resources is a key provincial interest. Development is to be directed away from areas of
natural and human-made hazards, where these hazards cannot be mitigated.
The principles contained in the 2005 PPS builds upon the three basic principles from
the previous PPS. There is increased emphasis on the linkages between strong
communities, a healthy environment and a strong economy as they are inextricably
linked.
2.5 Policies for Building Strong Communities
To build strong communities, policy directions address:
. managing and directing land use to achieve efficient development and land
use patterns;
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REPORT NO.: PSD-045-05
PAGE 4
. coordinating and integrating planning matters within municipalities or which
cross lower, single and/or upper tier municipal boundaries;
. employment areas;
. housing;
. public spaces, parks and open space;
. infrastructure and public service facilities;
. long-term economic prosperity; and
. energy and air quality.
a) Managing and directing land use to achieve efficient development and land
use patterns
In managing and directing land use to achieve efficient development and land
use patterns in settlement areas, the policy directions provide increased
emphasis on intensification and redevelopment and, if necessary designated
growth areas of a time horizon of up to 20 years. New policy directions
requirements in this regard are;
. improve accessibility for persons with disabilities and the elderly by removing
and/or preventing land use barriers which restrict their full participation in
society;
. identify and promote opportunities for intensification and redevelopment
where this can be accommodated taking into account existing building stock
or areas, including brownfield sites and the availability of suitable existing or
planned infrastructure and public service facilities.
. establish and implement minimum targets for intensification and
redevelopment within built-up areas.
. establish and implement phasing policies to ensure that specified targets for
intensification and redevelopment are achieved prior to, or concurrent with,
new development within designated growth areas.
. establish and implement phasing policies to ensure the orderly progression of
development within designated growth areas and the timely provision of the
infrastructure and public service facilities required to meet current and
projected needs.
The Clarington Official Plan will require amendment to ensure that its
policies are consistent with the policy directions for managing and
directing land uses within the existing settlement areas. Country
residential subdivisions are no longer considered a settlement area in the
PPS. Amendments to the Official Plan will be required to be consistent
with this policy direction.
Settlement area boundary expansions will only be permitted at the time of a
comprehensive review. In order for such expansions to be permitted it will be
necessary to demonstrate that the opportunities for growth are not available
through intensification, redevelopment and designated growth areas to
accommodate the projected growth, and that the infrastructure and public service
facilities which are planned or available are suitable for the development.
Boundary expansions are permitted in prime agricultural areas where there are
no reasonable alternatives.
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REPORT NO.: PSD-045-05
PAGE 5
The Growth Management Section of the Official Plan does not reflect the
increased reliance of intensification and redevelopment to accommodate
growth that is a strong policy direction of the PPS.
The rural areas continue to be the focus of management or use of resources,
resource-based recreational activities, limited residential development and other
rural land uses. Locally important agricultural and resource areas are to be
designated and protected by directing non-related development to areas where it
will not constrain these uses. Opportunities are to be retained to locate new or
expanding land uses that require separation from other uses and recreational,
tourism and other economic opportunities should be promoted.
It will be necessary to review the policies and designations in the
Clarington Official Plan to determine if the locally important agricultural and
resource areas should be designated and protected in accordance with the
new policy direction.
b) Coordinating and integrating planning matters within municipalities or
which cross lower, single andlor upper tier municipal boundaries
The PPS is requiring that a coordinated, integrated and comprehensive approach
be used when dealing with planning matters. Where planning is conducted by an
upper-tier municipality, it is required. in consultation with lower tier municipalities,
to identify, coordinate and allocate population, housing and employment
projections for lower-tier municipalities. These allocations and projections are to
be based on and reflect provincial plans where they exist. Upper-tier
municipalities are also responsible for identifying areas where growth will be
directed, identifying targets for intensification and redevelopment, including
minimum targets that should be met before expansion of the boundaries of
settlement areas is permitted, identify density targets for areas adjacent to or in
proximity to transit corridors, including minimum targets that should be met
before expansion of the boundaries of settlement areas is permitted and
identifying and provide policy direction on matters that cross municipal
boundaries.
The establishment of growth projections resulting in the allocation of
population, housing and employment will have a direct bearing on the
future growth of the Municipality and Clarington's portion of growth within
the Region. It will be crucial to have a strong supportable position when
commenting to the Region on growth projections for Clarington. The
current work the Municipality is undertaking with respect to review of
development charges and growth projections will provide an excellent
background document for this task.
c) Employment areas
Strong direction is provided in the PPS for the promotion of economic
development and competitiveness and the protection and preservation of
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REPORT NO.: PSD.Q45-05
PAGE 6
employment areas for current and future uses. The conversion of lands within
employment areas to non-employment uses may be permitted through a
comprehensive review of the Official Plan, only where it has been demonstrated
that the land is not required for employment purposes over the long term and that
there is a need for the conversion.
The Municipality will be seeking confirmation as to whether this direction
of the PPS will have an impact on the A YT development application (COPA
2004-007 and ZBA 2004-055) proposing conversion of lands designated
"Light Industrial Area" to permit retail commercial and large format retail
uses.
d) Housing
Planning authorities are required to maintain at all times, the ability to
accommodate residential growth for a minimum of 10 years through residential
intensification and redevelopment and if necessary, lands which are designated
and available for residential development. The planning authority shall provide
for an appropriate range of housing types and densities to meet projected
requirements of current and future residents of the regional market area by:
establishing and implementing minimum targets for the provision of housing
which is affordable to low and moderate income households; establishing
development standards for residential intensification, redevelopment and new
residential development which minimize the cost of housing and facilitate
compact form, while maintaining appropriate levels of public health and safety.
The PPS includes a new definition of "Affordable" that recognizes the
significance of regional market areas in the cost of housing. Municipalities must
ensure that a portion of the housing market will be affordable within a specific
regional market.
e) Public spaces, parks and open space
Healthy and active communities are to be promoted through the provISion of
facilities to meet the needs of pedestrians and non-motorized movement, publicly
accessible built and natural settings for recreation, provide public access to
shoreline and though the consideration of impacts of planning decisions on
provincial parks, conservation reserves and conservation areas.
f) Infrastructure and public service facilities
Municipal sewage services and municipal water services are the preferred form
of servicing for settlement areas. Private communal sewage services and
private communal water services are promoted in areas where municipal sewage
services and municipal water services are not available. Lot creation is only
permitted if there is confirmation of sufficient reserve sewage system capacity
and reserve water system capacity within municipal sewage services and
municipal water services or private communal sewage services and private
communal water services. Individual on-site sewage services and individual on-
site water services continue to be permitted where municipal sewage and water
services are not available, for new development of five or less lots. Partial
services will be permitted subject to specific conditions relating to failure.
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REPORT NO.: PSD-045-05
PAGE 7
The Municipality will be seeking clarification on the requirements regarding
private individual servicing of hamlets with the Greenbelt Plan.
g) Long-term economic prosperity
A new policy direction for the support of long-term economic prosperity is the
requirement that opportunities be provided for increased energy generation,
supply and conservation, including alternative energy systems and renewable
energy systems.
h) Energy and air quality
Planning authorities are required to support energy efficiency and improved air
quality through land use and development patterns. The use of renewable
energy systems and alternative energy systems, where feasible, is supported.
Alternative energy systems and renewable energy systems are permitted in all
areas in accordance with provincial and federal requirements. In rural and prime
agricultural areas, these systems are to be designed and constructed to minimize
impacts on agricultural operations.
It may be appropriate to incorporate policies in the Official Plan regarding
the promotion of alternative energy systems and renewable energy
systems. Such policies could include locational criteria and setbacks. The
development of the proposed energy business park is supported by the
long-term economic prosperity and energy and air quality provisions of the
PPS.
2.6 Wise Use and Management of Resources
The policy directions for the wise use and management of resources address:
. natural heritage
. water
. agriculture
. mineral aggregate resources
. cultural heritage and archaeology
a) Natural heritage
Natural features and areas are now to be protected for the long term rather than
from incompatible development. A new area, significant coastal wetlands, has
been added to the areas in which development and site alteration shall not be
permitted. Development and site alteration is not permitted in fish habitat except
in accordance with provincial and federal requirements.
The increased protection for natural features and areas for the long term
should be recognized in the Clarington Official Plan. At the present time,
the Objectives in the Natural Environment and Resource Management
Section reflect the previous PPS objectives.
694
REPORT NO.: PSD-045-05
PAGE 8
b) Water
Planning authorities are required to implement planning on a watershed basis. It
will be necessary to protect all municipal drinking water supplies and designated
vulnerable areas. Development and site alteration is to be restricted in or near
sensitive surface water features and sensitive ground water features such that
these features and their related hydrological functions will be protected, improved
or restored.
The need to address the protection of the quality and quantity of water
more appropriately in the Official Plan has already been acknowledged
through discussions relating to the Region of Durham Official Plan
Review. An example of the revisions required to satisfy the PPS policy
direction is the designation of the well head protection area in Orono and
related policies.
c) Agriculture
Agricultural uses, secondary uses and agriculture-related uses are permitted in
agricultural areas. The secondary uses and agriculture-related uses are to be
limited in scale, and criteria for these uses are to be included in official plans.
The most significant changes relate to lot creation. In prime agricultural areas,
farm retirement lots are no longer permitted. However, lot creation will be
permitted for agriculture-related uses and for residences surplus to a farming
operation as a result of farm consolidations.
With the more limited number of permitted uses in prime agricultural
areas, it will be necessary to review the uses presently permitted in
agricultural areas in the Official Plan such as farmer's retirement lots. The
Official Plan encourages the consolidation of farms and the severance of
surplus dwellings if the farm parcels are abutting. The PPS does not have
a restriction regarding the location of the farm parcels being consolidated.
In addition, it will be necessary to consider whether the creation of lots for
agriculture-related uses can be supported.
d) Mineral aggregate resources
In accordance with the new policy directions, it is not necessary to demonstrate
need for the mineral aggregate resources, including any type of supply/demand
analysis. Additional direction regarding rehabilitation has been added. In this
regard, progressive and final rehabilitation is required to accommodate
subsequent land uses, to promote land use compatibility, and to recognize the
interim nature of extraction. In addition, complete agricultural rehabilitation is not
required on prime agricultural lands if extraction is below the water table, other
alternatives have been considered and the agricultural rehabilitation in remaining
areas is maximized. Portable concrete plants used on public authority have been
added to the uses exempted from the need for an official plan amendment,
rezoning, or development permit.
Consideration should be given to amending the Official Plan to recognize
portable concrete plants as a temporary use in accordance with the PPS.
695
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REPORT NO.: PSD-045-05
PAGE 9
e) Cultural heritage and archaeology
Policy directions have been added to address adjacent lands to protected
heritage property and the mitigative measures that may be required to conserve
the heritage attributes of the protected heritage property.
2.7 Protecting Public Health and Safety
The policy directions for protecting public health and safety address the following areas:
. natural hazards
. human-made hazards
A new area in which development and site alteration will not be permitted has been
added: areas that would be rendered inaccessible to people and vehicles during times
of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been
demonstrated that the site has safe access appropriate for the nature of the
development and the natural hazard.
The implications of this new direction will have to be reviewed with the
Conservation Authorities and the appropriate policy revision made.
3.0 PREVIOUS COMMENTS ON THE DRAFT PROVINCIAL POLICY STATEMENT
3.1 In PSD-105-04, staff suggested that the following items either be added or clarified:
. Provide clear ability for municipalities to determine the timing of development
through the efficient use of existing sunk infrastructure costs.
. Provide minimum permeability and maximum coverage of impervious surfaces within
the urban area.
. Clearly define intensification and account for intensification when determining
servicing capacity.
. Clearly define waste, biosolids, compost and regulate the application of paper fibre
biosolids and other biosolids.
. Provide implementation tools for the protection of agricultural lands while fairly
compensating farmers.
The final Provincial Policy Statement has not addressed, or clarified, any of these items.
4.0 SUMMARY
4.1 The 2005 Provincial Policy Statement builds on the existing policy directions. There is
increased emphasis on infill, intensification and redevelopment in existing settlement
areas to accommodate expected growth. Corresponding with the stronger growth
management policy directions in settlement areas is an increased protection of natural
resources including prime agricultural lands. The number of uses permitted in the areas
outside of the settlement areas has been reduced.
696
REPORT NO.: PSD-045-05
PAGE 10
4.2 The Clarington Official Plan will require review to identify areas where it will be
appropriate to revise or add policy that will ensure that the policies are consistent with
the direction of the Provincial Policy Statement. A comprehensive review should also
examine the implications of the Provincial Policy Statement, the Greenbelt Plan and the
Growth Plan for the Greater Golden Horseshoe on the Official Plan policies.
697
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ClflfinglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
PSD-046-05
File #: PLN 34.2.12, PLN. 34.5.2.69
and PLN. 34.5.2.70
By-law #:
Subject:
PROPOSED HERITAGE DESIGNATIONS OF JOHN COLE HOUSE AND ALBERT
WASHINGTON HOUSE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-046-05 be received;
2. THAT in lieu of the her~age conservation easement as per Resolution GPA-452-03 that heritage
designation of the exterior of these buildin9s be accepted as an altemative for the long term care
and maintenance of the buildings;
3. THAT the request of the Local Architectural Conservation Advisory Committee to
designate John Cole House, 4675 Bethesda Road and the Washington House, 6585 Regional
Road 34 (Enfield Road) as historical structures, be approved;
4. THAT the Clerk prepare the required notices of intent pursuant to the provisions of the Ontario
Heritage Act and report back to Council following the prescribed notification period; and
5. THAT the Local Architectural Conservation Advisory Committee and the interested parties listed in
this report be advised of Council's decision.
. r\t~~.-/.~
ReViewed by: '-.J ~. <.A...J lA..
Franklin Wu,
Chief Administrative Officer
Submitted by:
IUFUdf
18 March 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
698
REPORT NO.: PSD-046-05
PAGE 2
1.0 BACKGROUND
1.1 On December 8, 2003, Planning Services Report PDS-148-03 was presented to the
General Purpose and Administration Committee. A copy of the report is included as
Attachment 1. During the following meeting of December 15, 2003, Council approved
recommendation #GPA-452-03 which included a grant in lieu of the municipal
development charges in exchange for the owner entering into a conservation easement
over the exterior fayade of the heritage homes.
1.2 Since the approval of the recommendations in Report PSD-148-03 two heritage houses
which were on lands owned by the Ministry of Transportation have been acquired and
moved to new locations. The Albert Washington house was located at 5541 Washington
Road, Lot 27, Concession 5, former Township of Darlington. In February of 2004 it was
relocated to 6585 Regional Road 34, Part Lot 30, Concession 6, Former Township of
Darlington. The John Cole house was located at 5690 Acres Road, Part Lot 5, Concession
5, former Township of Darlington. In October of 2004 it was relocated to 4675 Bethesda
Road, Part Lot 6, Concession 4, former Township of Darlington. The owners of these
buildings have completed their grant application forms and are now requesting a refund of
the municipal development charge which they paid at the time of building permit issuance.
1.3 At the time of the writing of PSD-148-03 it was unclear whether the buildings in their new
locations would be eligible to be designated as heritage buildings. In addition, it was felt
that a heritage conservation easement would be a better tool for ensuring the long term
protection and maintenance of the building. Sample agreements were subsequently
received from Ontario Heritage Foundation.
1.4 Upon further review with the owners and representatives of LACAC it became clear that
heritage designation of the homes was desired by both parties. In addition, the sample
conservation easement agreements addressed interiors, landscape features and other
areas beyond what the Municipality is looking to protect. The Municipal interests in long
term care, maintenance and the owners interest in being able to make changes to the
designated building can be addressed by the process that LACAC has in place for
designated buildings. The caveat that will be added to these designation Bylaws is that
the designation will not be removed at the request of the this or any subsequent owner
without due consideration of the municipal investment that has been made towards the
building.
2.0 HERITAGE DESIGNATION REQUESTS
The Planning Services Department has received requests from the property owners of
6585 Regional Road 34 and 4675 Bethesda Road to designate their buildings as having
historic and/or architectural value or interest under Part IV of the Ontario Heritage Act.
Both houses have been identified in the Clarington inventory of heritage resources as
Secondary buildings and their inventory numbers are H121 and H112, respectively. The
cultural heritage descriptions of these properties are included as Attachment 2 for 6585
Regional Road 34, and Attachment 3 for 4675 Bethesda Road. The Local Architectural
Conservation Advisory Committee (LACAC) reviewed these requests at their March 15,
2005, meeting and are in support of the designations.
- - o9~-
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REPORT NO.: PSD-046.05
PAGE 3
The Ontario Heritage Act empowers a municipality to pass a by-law designating a
structure to be of historic and/or architectural value or interest. The Act stipulates that the
owner of a structure so designated cannot alter the structure where such alteration is likely
to affect the reasons for designation without the written consent of Council. Council is
required to consider any application for alteration of a designated property in consultation
with the LACAC.
Both of these buildings were on properties owned by the Ministry of Transportation and
both were slated for demolition if they could not be moved off the sites. Although it is
always preferable to preserve heritage homes in their original location, it is better to move
them to another property than have them demolished. The owners of these buildings have
incurred considerable expense to preserve the structures by having them moved. The
designation of the buildings on their new locations will ensure that the buildings will
continue to be preserved. The Ministry of Culture has confirmed that the buildings would
qualify for designation under the Ontario Heritage Act at their new locations. The LACAC
and staff support the designation of the structures under Part IV of the Ontario Heritage
Act, as having historic and/or architectural significance.
3.0 CONCLUSIONS
It is recommended that the Municipality accept heritage designation under Part IV of the
Ontario Heritage Act as meeting the same requirements as conservation easements for
these two properties. It is also recommended that the Clerk prepare, send and publish the
required notices of intent to designate 6585 Regional Road 34, and 4675 Bethesda Road,
pursuant to Section 29 of the Ontario Heritage Act, and report back to Council following
the prescribed notification period.
Attachments:
Attachment 1 - Report PSD-148-03
Attachment 2 - Description for designation of 6585 Regional Road 34
Attachment 3 - Description for designation of 4675 Bethesda Road
Interested parties to be notified of Council's and Committee's decision:
Victor Suppan
Jennifer Knox
Jim Coombes
6-9 9 0 0 1
ClmilJgron
ATTACHMENT,
REPORT
Meeting:
Date:
PLANNING SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Monday, Decem~er 8, 2003\
Report #:
PSD-148-03
File #: PLN 34.15.2
By-law #:
Subject:
//')~J2~ ~ .1
'Franklin Wu,
Chief Administrative Officer I
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GRANT IN LIEU OF DEVELOPMENT CHARGES
CONSERVATION OF HERITAGE HOMES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1.
THAT Report PSD-148-03 be received;
2.
THAT Grants in lieu of the municipal portion of development charges for Heritage Homes that
are being removed from the lands owned by the Province be provided on an interim basis for
the next 18 months to be financed from the working Funds Reserve Account 2900-1-X;
3.
THAT the Grants only be in place until the review and passage of the Development Charges By-
law at which time, specific types of developmEJlt can be exempted aspart of the By-law, if
deemed appropriate;
4.
THAT the Municipality be granted a conservation easement over the exterior fa~de of the
Heritage Homes receiving such grants;
5.
THAT the Region of Durham be requested to either
aj review the Development Charges By-law to consider an exemption for the
relocation of Heritage Homes affected by the 407
b) or provide a grant in an equivalent amount to the Regional Development Charge
applicable; and
6.
THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Reviewed by:
~
Da d . rome, M.C.I.P., R.P.P.
Direc!qr of Plannin Services
Submitted by: Nancy Ta or
Director of Finance
NT/FL*DJC'sh
December 2, 2003
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623.Q830
69910
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REPORT NO.: PSD-148-03
PAGE 2
1.0 BACKGROUND
1.1 In preparation for the construction of Highway 407, the Ministry of Transportation (MTO)
has purchased a number of properties in the alignment area of the previously preferred
route. Regardless of whether the Highway will or will not require these properties they
are now owned by MTO. MTO is currently accepting bids for the removal of these
heritage homes. Previously MTO's practice was demolish the homes they had
purchased; however, members of the Clarington community intervened with respect to
heritage homes and have worked with MTO to revise their policy.
Of the MTO owned heritage homes in Clarington, four are fieldstone and one is brick, all
are listed in the municipality's inventory of heritage resources. Three fieldstone houses
are on the secondary list (5541 Washington Road, 5690 Acres Road, 5681 Acres
Road); their inventory numbers are H121, H112 and H111 respectively. A fourth
fieldstone house is on the Primary List and is located at 5531 Bethesda Road; its
inventory number is H043. The' brick home at 5415 Solina Road is designated under
the Ontario Heritage Act and through By-Law 89-187; MTO intends to tenant this
property in order to protect it from vandalism. The structures are advertised on the
Architectural Conservancy of Ontario (ACO) website as being available to be moved.
2.0 HERITAGE CONSERVATION
2.1 At the October 2003 meeting of LACAC a resolution stating:
"THAT Council amend the De\'elopment Charges By-law to exempt the municipal
development charge in regards to Clarington heritage buildings that are to be relocated;
subject to the owner entering into a heritage conservation agreement.>> In addition, the
Chair of LACAC has submitted a letter to the Director of Planning Services (attachment
2) highlighting the intent of the committee.
To ensure future protection ofthese homes in their new location it is advisable to obtain
a heritage conservation agreement for the exterior fac;:ade of the home. Such an
agreement will not limit the owners with regard to either renovating or restoring the
interior; however, a conservation agreement rather than designation is a better tool to
ensure the long term interests of the municipality for the protection and maintenance of
the exterior of the building and against future demolition. Samples of conservation
agreement (easements) have been requested from the Ontario Heritage Foundation.
They have employed this type of legal agreements to protect specific features. The
agreement is registered on title of the property.
3.0 DEVELOPMENT CHARGES
3.1 Clarington's Development Charges By-law does not provide for any exemptions for
these circumstances. During the next review of the bylaw specific exemptions may be
699GG3
REPORT NO.: PSD-148-o3
PAGE 3
examined. The schedule for review of the bylaw will begin in the summer of 2004 and
be completed by August 2005.
As an interim measure, until the Development Charges Bylaw is reviewed in its entirety,
staff are proposing a grant in lieu of the municipal portion of development charges. This
interim measure will meet the timeframe of MTO and the purchasers, as relocation of at
least two of the structures is scheduled for this winter; further, it facilitates the expedient
moving of the homes (before further vandalism occurs, and while the ground is frozen).
The maximum exposure for the Municipality is approximately $38,435 ($7687 x5);
should all five homes be relocated within the next 18 months.
4.0 REGIONAL DEVELOPMENT CHARGES
4.1 The Region of Durham Finance Department has been contacted to determine whether
there is any exemption under their new Development Charges By-law. Unfortunately,
no exemption was contemplated in their recent review and therefore no exemption is
currently available. It is recommended that Clarington Council request the Regional
Council review the issue of either amending their by-law to incorporate an exemption, or
provide a g~ant in the amount equivalent to the applicable Regional Development
charge; in order to conserve homes with heritage or architectural significance that are in
threat of demolition.
5.0 CONCLUSION
5.1 Four of the homes purchased by MTO are historically and/or architecturally significant
and would, in their original setting warrant heritage designation; the fifth home is
designated. To encourage the relocation, of all the homes rather than demolition; staff
is recommending an incentive in the form of a grant in lieu of the municipal portion of
the development charges as an appropriate interim measure until the new development
charges bylaw is formulated. The exposure of the Municipality over the next 18
months would be $38,435 for the five heritage homes. At this. point only two of the
homes have been purchased and are being relocated; one will be tenanted in it's
current location.
During the review of the Development Charges Bylaw a further examination of potential
exemptions will be undertaken and the Bylaw written accordingly.
Attachments:
Attachment 1 - ACO listing of the four homes
Attachment 2 - Letter from LACAC
699004
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ACO HALP
ATTACHMENT 1
November 2001
INominator:
Penny Young, Ontario Ministry of Transportation
jName/lnfo: IIpicture:
E. Pascoe House,
I. Newcastle
1855, one-and-a-half storey
Neoclassical farmhouse.
IFeatures:
It is a 3 bay fieldstone construction featuring the original Venetian windows, stone window
sills and front entranceway. A line of small stones around the house above first floor
windows may indicate the presence of a veranda at one time.
Iconservation Work:
The east facade has been stuccoed probably due to exposure damage. There is a new
loutside chimney. Under-eave moulding and bargeboard are intact.
IBUilding Address~..
5541 Washington Road on the east side south of Concession Road 6. Located east of City of
Oshawa and just west and south of hamlet.of Salina, town of Newcastle, Regional
Municipality of Durham.
!suggested Uses: I
~~ I
IHeritage Status: I
Listed under Part IV of the Ontario Heritage Act. Town of Newcastle Heritage Properties
secondary status.
IInq uiries:
For more information contact Penny
Young, Regional Archaeologist at 416-
235-5541
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 1J3
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: Q.cQ.@Q~.a.i.bn.r.:.Qrn
IASking Price:
I
lather Info:
email: Penny.Young@mto.gov.on.ca
416-235-5541
Fax: 416-235-4940
699(j(J5
1......._ _ 11..__ _0. t..:_~ .............. J ^ f""A/h"I.... fD"'...........""/:"'...lov l.t......,
l?J?J?003
December 2001
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ACO HALP
INominator:
Penny Young, Ontario Ministry of Transportation
IName/lnfo: Ilpicture:
1855, one and one half storey
Neoclassical farmhouse
John Cole House
5690 Acres Rd;, Town of C1arington,
RM of Durham
IFeatures:
It is a 3 bay fieldstone construction featuring the original Venetian windows, stone
windowsills and front entranceway.
IConservation Work: ~
A two storey addition has been added to the back of the house (west side) and a new
enclosed porch to the front of the house.
IBuilding Location: I
'West side of Acres Road south of Concession Road 6 (Con 5, Lot 5 former Township of I
Darlington). Just east and south of hamlet of Tyrone UTM co-ordinates are: 685500E.
4873450N
!suggested Uses:
IResidence
IHeritage Status:
INot designated
[Inquiries:
Pen ny. Younq@mto.Qov.on.ca
416-235-5541
Fax: 416-235-4940
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 1J3
Tei: (416) 367-8075
Fax: (416) 367-8630
Email: aco@on.aibn.com
Ministry of Transportation
Planning and Environmental Office
3rd Floor, Building D
1201 Wilson Avenue
Downsview, ON M3M U8
IAsking Price:
I
lother Info:
I
699006
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ACO HALP
August 2003
INominator:
IPenny Young, Ontario Ministry of Transportation
IName/lnfo: IIPicture:
Cole Farm House
5681 Acres Rd., Town of Clarington,
RM of Durham
One and one half storey
Neoclassi<:al farmhouse
I!:eatures: J
!Ii: is a 3 bay fieldstone construction featuring stone windowsills and front entranceway. l
I<:onservation Work: I
A restored front entrClnceway, restored 60ver6 windows, rear porch added, 3 front dormers
added, rear wing sided and windows restored. .
IBUilding Location:
East side of Acres Road south of Concession Road 6 (Con 4, Lot 5 former Township of
Darlington). Jlist east and south of hamlet of Tyrone
Isuggested Uses: I
IResidence l
IHeritage Status: I
Town of Newcastle Heritage Properties Primary status
IInquiries: I
p.~n!1y.YQYJ'!g.@mt(),gQv..O!1.c.;'I
416-235-5541
Fax: 416-235-3446
Architectural Conservancy of Ontario
Suite 204, 10 Adelaide St. East, Toronto
M5C 1J3
Tel: (416) 367-8075
Fax: (416) 367-8630
Email: aco@on.aibn.com
Ministry of Transportation
Planning and Environmental Office
3rd Floor, Building D
1201 Wilson Avenue
Downsview, ON M3M 1J8
IASking Price:
I
lother Info:
Proposals are to be submitted and prospective owners must cover complete
cost of moving the structure off-site.
Email: ;.IcQ.@QI:!.jI.ilJJI~!:!.!!1
699007
"
, .
I" .......r"\I1_ _1.. ,,.... _1_0/"'''.T:'___1:_~...", t..........
nnnnrn .
ACO HALP
August 2003
!Nominator:
Charlton Carscallen, Ontario Ministry of Transportation
IName/Info: Ilpicture:
Werry House
5531 Bethesda Rd., Town of
Clarington, RM of Durham
One and one half storey
Neoclassical farmhouse
~,"\:,.'
IFeatures:
Original eave returns and barge board. Original brick cornices and door lintels.
Iconservation Work:
One storey field stone side wing not original but constructed to match very closely the
original house.
IIBUilding Location:
East side of Bethesda Road, south of Concession Road 6, Lot 6 Con. 5
Isuggested Uses: I
IResidence I
Il:leritage Status: I
Heritage Buildings, Darlington Township I
~irieS: I
Cha rlton.Ca rscallen@mto.qov.on.ca
416-235-5489 Architectural Conservancy of Ontario
Fax: 416-235-3446 Suite 204, 10 Adelaide St. East, Toronto
M5C 113
Ministry of Transportation Tel: (416) 367-8075
Planning and Environmental Office Fax: (416) 367-8630
3rd Floor, Building D Email: aco@on.aibn.com
1201 Wilson Avenue
Downsview, ON M3M 1J8
IAsking Price: I
I. I
lother Info: I
Proposals are to be submitted and prospective owners must cover complete
cost of moving the structure off-site.
Email: i!CO@Q!1.,,,i~n.q:>ro
ACO @ 2003
6990G8
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ATTACHMENT 2
November 24, 2003
Mr. David Crome
Director of Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Dear Mr. Crome:
RE: Development Charges for Relocated Heritage Buildings
At the October 21st meeting of the LACAC the committee discussed the fatc of
threatened heritage buildings located through-out the municipality. This discussion was
prompted by the MTO purchases of four heritage properties that have bcen recorded by
the M!lnicipality as heritage resource buildings. The buildings were acquired by MTO as
potenli-ally they are within the route of the proposed Highway 407. All are currently
vacant and as such have been vandalized. The Ministry's practice has been to demolish
buildings that they have purchased. However, these four they have offered as available to
be moved.
These are not the only heritage buildings that are threatened with demolition. 1bere are
heritage structures throughout Clarington located on lands that are designated for
industrial or commercial use that may be demolished to make room for new development.
Moving any of these buildings can be very cost prohibitive depending on the number of
factors involved, such as taking down hydro lines, traversing bridges, or crossing railway
tracks. There is also the expense of meeting the requirements to obtain a building permit
and development charges to place the house on another lot.
The LACAC's understanding is that the Municipality would apply the development
charge to moving any of these heritage homes to lots that can accommodate them. It is
also the LACAC's understanding that the intent of the lot development charge is to
accommodate the need to provide services for an increase in residential development.
Our reasoning is that if the house is taken from one lot and transferred to another lot there
is no increase in residential use and the lot development charge should not be applicable.
If, as in the case of the 407 properties, the highway does not go through and the lot is sold
for residential use, anyone building on the property would be introducing a new
residential use and would have to pay the appropriate fee.
699009
699010
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To this effect, the LACAC passed motion number 03-69 during their October 21, 2003,
meeting which states the following:
. THAT Council amend the Development Charges By-law to exempt the municipal
development charge in regard to Clarington heritage buildings that are to be
relocated; subject to the owner entering into a heritage conservation agreement.
The motion includes a reference to the owner entering into a heritage conservation
agreement to ensure that the heritage integrity of the home's facade is maintained after it
is moved to its new location. The agreement can be in the form of a heritage easement
or any other legal document that the Municipality deems appropriate to serve this
purpose.
The LACAC has been informed that the houses in the route of the 407 are to be moved,
or possibly demolished, within the near future. We have also been informed that the
Municipality's Lot Development Charges By-law will not be reviewed until 2004/5. The
LACAC is concerned that the houses being offered for sale by the 407 are in an urgent
threat areas and would like the Municipality to consider a means to provide assistance to
the new owners of these buildings prior to the review of the Lot Development Charges
By-law. During the review of the Development Charges By-Law we would recommend
that an exemption be provided for heritage homes that are being relocated regardless of
whether they are related to the 407 or other development work. Thank you.
Yours truly,
, - (~
}J-, C~evcC_- L\2I!r \
Mavis Carlton
LACAC Chair
cc: Faye Langmaid
Isabel Little
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The Anthony Washington House
6585 Regional Road 34, Part Lot 30, Concession 6, Darlington
Attachment 2
This fieldstone farmhouse was constructed in the NeoClassical style for Anthony
Washington and his wife, Elizabeth Annis. The house was originally located on a large
farm lot at 5541 Washington Road which Anthony Washington acquired in 1834. In 1882
Thomas and Margaret Pascoe purchased the property. In 1890 the Pascoe farm was
awarded the silver medal for the best producing farm in Durham County. Lewis Pascoe
inherited the property from his father Thomas and carried on farming with his wife Emma
Jane. In 1892 ownership was transferred to Isaac Hardy, who was also an expert farmer.
The property became known as "Hardivue" after Isaac switched from beef cattle to
purebred Holsteins. It remained in the Hardy ownership until Isaac retired in 1937. The
Ministry of Transportation is the current owner of 5541 Washington Road and the
fieldstone farmhouse was moved to 6585 Regional Road 34 in 2004 to save it from
demolition.
This one and one half storey house was built in the 1850s. It is three bays wide and three
bays long and still retains its raised german white pointing in the south fa98de above the
old porch line. The south fagade's granite stone is white, pink, and black random colour
Ashlar with a square faced cut laid in a course uneven pattern. The east and west
fagades' granite stone is square faced and laid in a coursed uneven pattem. The north
fagade is faced with rubble with no coursing. It has also been covered with concrete and a
white top coat of stucco. This stone farmhouse is recommended for designation at its new
location under the Ontario Heritage Act for its cultural heritage significance and the
following exterior architectural features:
Exterior:
. The Ashlar granite stone of the south facade
. The east and west fac;:ades' square faced granite
. The north fa98de's random rubble
. The main entrance rectangular transom and sidelights
View of Anthony Washington House from Regional Road 34
699011
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South and east facades
West and south facades
East and north facades
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I 6585 Regional Road 34, Darlington
I 699013
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The John Cole House Attachment 3
4675 Bethesda Road, Part Lot 5, Concession 5, Darlington
This fieldstone three bay by two bay farmhouse was constructed for the Cole family in
approximately 1855. It is one of three similar stone houses that were located along Acres
Road. The house sat on a 100 acre lot on 5690 Acres Road which had been owned by
James Bates. James bequeathed the property to his wife Elizabeth and their children on
July 19th, 1832. Charles Bates, possibly the son of James and Elizabeth, became the
owner of the lands by 1845. Charlesville, which is now called Haydon, was called such in
honour of Charles Bates as he built a mill there that encouraged settlement. Charles
Bates sold the property to Roger Cole, who is reputed to have donated the funds to build
an Anglican Church in Bowmanville. When Roger died in 1861 his son John Cole became
the owner. In 1886 John willed the property to his son John R.R. Cole. The property
remained in the Cole family until 1962. The Ministry of Transportation is the current owner
of 5690 Acres Road and the fieldstone farmhouse house was moved to 4675 Bethesda
Road in 2004 to save it from demolition.
The front and north side of the farmhouse was constructed of Ashlar cut stone, hammered
into square and rectangle styles and set in a broken range. The stones range in colour
from black to white to pink. The south wall is rubble hammered into a faced stone set in a
random coarse pattern. The east wall is split rubble set in a random pattern. An enclosed
frame porch covers approximately 30% of the front fac;:ade. Approximately 60% of the east
wall is covered by a frame addition and there is also evidence of previous addition. The
farmhouse is recommended for designation at its new location under the Ontario Heritage
Act for its cultural heritage significance and the following exterior architectural features:
Exterior:
. The Ashlar cut stone of the north and west facades
. The south facade's hammered rubble
. The east fac;:ade's random split rubble
Front fac;:ade facing Bethesda Road
699Q14
South and east facades
North and east facades
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Subject Site - H112
4675 Bethesda Road, Darlington
69901:>
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CI~mgron
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Resolution #:
Report #: EGD-OS-OS
File#:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY,
2005.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-OS-OS be received for information.
S'bmmedby' ~
A. S. Cannella, C.E.T.
Director of Engineering Services
Reviewed by(j,~~~
Franklin Wu
Chief Administrative Officer
ASC*RP*bb
March 2, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-9282
701
REPORT NO.: EGO-aS-Os
PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of February 2005, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF YEAR TO YEAR TO % CHANGE
FEBRUARY 2005 DATE 2005 DATE 2004 OF VALUE
YTD 05-04
Permits Issued 52 121 139 -12.9%
VALUE OF CONSTRUCTION
Residential $6,865,75. $16,775,592 $18,195,878 -7.8%
Industrial ~ $11,60C $5,00C 132.0%
Government $50,00C $0 N/Jl
Commercial $C $C $1,361,25C NO
Institutional $C $0 $105,300 NO
Agricultural $C $C $35,OOC NO
OPG $C $0 $C N/~
Miscellaneous $0 $7,80C $10,000 -22.00,\
FrOT AL $6,865,752 $16,844,992 $19,712,428 -14.5%
The following is a historical comparison of the building permits issued for the month of
"FEBRUARY" and "YEAR TO DATE" for a three year period.
Historical Data for Month of "February"
Historical Data "YEAR TO DATE"
$25,000,000
$12,000,000
$0
$20,000,000
$10,000,000
$8,000,000
$15,000,000
$6,000,000
$10,000.000
$4,000.000
$5,000,000
$2,000,000
$0
~alue
'i'02
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REPORT NO.: EGD-08-05
PAGE 3
The following is a comparison of the types of dwelling units issued for the month of
"FEBRUARY" and "YEAR TO DATE".
Dwelling Unit Type "FEBRUARY
2005" 1
Apartment
3%
Dwelling Unit Type ''YEAR TO DATE
2005" 1
Apartment
1%
o
Townhouse
0%
6
Semi-
Detached
16%
48
Semi-
Detached
51%
46
Single
Detached
48%
31
Single
Detached
81%
E!l Single Detached 31
CI Semi-Detached 6
o Townhouse 0
l!!IApartment 1
II Single Detached 46
ISI Semi-Detached 48
o Townhouse 0
!!lApartment 1
Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building
Permit
703
February 2005
Municipality of Clarington
Building Services - Monthly Activity Report
2005 2004
Type of Construction February Year to Date February Year to Date
Residential: Single Detached 31 46 17 50
Semi-Detached 6 48 14 40
Townhouse 0 0 0 14
Apartment 1 1 0 0
Other Construction 11 17 10 18
Sub Total 49 112 41 122
Industrial: New Building 0 0 0 0
Addition/Alteration 0 2 1 1
Sub Total 0 2 1 1
Government: New Building 0 1 0 0
Addition/Alteration 0 0 0 0
Sub Total 0 1 0 0
Commercial: New Building 0 0 0 1
Addition/Alteration 0 0 4 5
Sub Total 0 0 4 6
Institutional: New Building 0 0 0 1
Addition/Alteration 0 0 2 3
Sub Total 0 0 2 4
Agricultural: New Building 0 0 0 2
Addition/Alteration 0 0 0 0
Sub Total 0 0 0 2
OPG: New Building 0 0 0 0
Addition/Alteration 0 0 0 0
Sub Total 0 0 . 0 0
HVAC, Plumbing & Miscellaneous: 0 1 2 2
Demolition: 3 5 1 2
TOTALS 52 121 51 139
2005 2004
February Year to Date February Year to Date
Residential: $6,865,752 $16,775,592 $5,962,136 $18,195,878
Industrial: 0 $11,600 $5,000 $5,000
Government: 0 $50,000 0 0
Commercial: 0 0 $70,750 $1,361,250
Institutional: 0 0 $60,300 $105,300
Agricultural: 0 0 0 $35,000
Ontario Power Generation: 0 0 0 0
Miscellaneous: 0 $7,800 $10,000 $10,000
TOTALS $6,865,752 $16,844,992 $6,108,186 $19,712,428
704
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February
2005
PERMIT FEES
February
$45,084
2005
Year to Date
$110,768
February
$43,448
2004
Year to Date
$135,949
Building Inspections
Plumbing Inspections
February
627
452
1079
2005
Year to Date
1303
1031
2334
February
456
260
716
2004
Year to Date
827
492
1319
TOTALS
2005 2004
February Year to Date February Year to Date
Single Detached 31 46 17 50
Semi-Detached 6 48 14 40
Townhouse 0 0 0 14
Apartments 1 1 0 0
TOTALS 38 95 31 104
YEAR: 2005
AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995
month\
Bowmanville 5 587 468 345 312 188 184 313 423 217 229
Courtice 35 173 180 133 129 231 296 254 295 331 170
Newcastle 54 191 123 131 76 110 78 4 5 3
Wilmot Creek 25 29 38 24 19 21 33 21 16 16
Orono 2 1 1 1
Darlington 1 15 13 17 47 102 31 14 20 17 21
Clarke 10 16 15 9 17 17 12 20 10 7
Burketon 1 1 1 1 1 2
Enfield 3
Enniskillen 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2 1
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
Leskard 1 1
Maple Grove 1
Mitchells Corners 1
Newtonville 5 3 3 3 1 2 2
Solina 3 3 1 1
Tyrone 3 9 3
TOTALS 95 1015 843 701 609 679 640 636 801 601 447
705
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I Meeting:
I Report #: . ESD-004-5
I Subject:
I Recommendations:
lit is respectfully recommended that the General PurpQSe and Administration Committee recommend
to Council the following:
11.
1
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1
Submitted by:
1
REPORT
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
MARCH 29, 2005
File # 10.12~6
By-law #
MONTHLY RESPONSE REPORT - FellRUARY 2005
THAT Report ESD-004-05 be received for information.
Re~~' =-~ ~
Franklin Wu.
Chief Administrative Officer
ardon eir, AMCr, CMM111
Director Emergency & Fire Services
I GW*sr
1
I C~TION OF THE MUNICIPALITY OF CLARlNGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3J.6 T(I/05)623-3379 F (905)623-6506
I 901,
REPORT NO: ESD.Q04.()5
PAGE 2
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BACKGROUND AND COMMENT
1. pACKGROUND
1.1 Our report covers the month February, 2005. It is our intent to provide Committee with
information relevant to-this department, in a timely manner.
2. REPORT
2.1 The department responded to 254 calls during this periOd and recorded total fire loss at
$356,200. A breakdown of calls responded to follows in the table attached.
902
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CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
Period: February 1. 2005 oo:oo:oohrs to February 28~ 20()5 23:59:59hrs
CALL TYPE
STATION 5
EnnlsldUen
1
TOTALS
9
o
1
ft-.
1 40
38 8 254
DOLLAR LOSS
4 0 0 6 2 12
$119.500 $200 $1 $0 $35 000 $356 200
VOLUNTEER STANQIW RESPONSES
14 0 0 3 0 17
0 0 0 0 0 0
I . 2005 MONTHLY CALL VQLUMEBY STATION
Jen. Feb. Mar. AsJr. Mev. Jun. JUl. Aua. SeD. Oct. Nov. Dec.
I STATION 1 153 118 0 0 0 0 0 0 0 0 0 0 271
STATION 2 38 38 0 0 0 0 0 0 0 0 0 0 74
STATION 3 28 23 0 0 0 0 0 0 0 0 0 0 51
I STATION 4 95 .. 0 0 0 0 0 0 0 0 0 0 164
STATION 5 16 8 0 0 0 .0 0 0 0 0 0 0 24
. 584
I TOTALS 133012541 0 I 0 1 0 I 0 1 0 I 0 I 0 I 0 1 0 I 0 584
2004 MONTHLY CALL VOWME BY STATION
~TATION 1 Jan. Feb. Mer. AsJr. Mav. Jun. . Jul. Aua. SeD. Oct. Nov. Dec.
114 111 103 105 98 131 1. 105 101 111 117 151 1352
STATION 2 35 29 27 32 24 20 40 31 . 34 31 ,. 40 362
~ATION 3 18 17 12 . 13 14 9 10 25 13 11 18 29 189
TATION4 74 57 70 69 57 81 73 73 65 81 88 76 824
STATIONS 7 4 7 9 9 11 19 ,. 11 10 5 18 126
~ . . . 2853
OTALS ~ ~...I 248 1 218 I 219 I 228 I 202 I -L.!ttl 250 I 224 I ~ I 227 J 314 2653
JUU ..
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REPORT
.;CORPORATE SERVICES.DEPARTMENT
. ," - .... . .
u"
Meeting: GENERAL PURPOSEANt)AQMtNI$TRATIONCQMMITTEI:
Date: . March 29, 2005
Report #: CQD-015.Q5
File #
1....--
By-law #
Subject: Fair. Wage Schedule
RecoMmendations:
Itill relipeCtfullY recommended that theQen$i Purpolie and AdrQinistration Committee
recommend to Council the following:
CCo .
1. THAT Report COD.Q1 S-05"~ for direction Qnij infOl'rllation; and
2. . THAT Council adopt eitheroptiOn/~()tQptlonB asidentifiedirt the. body of
this report with respect to a "FairWpPoIicy"
~"
o. . -
Submitted by:. .. ~ . .< . '.
~~. H:.'~';~~
Director of COrporateS~.. ..
....,,,,.
Reviewed bVO ,( Ithf ~.ts\
Franklin Wu,
Chief Administrative Officer
MM\lAB\cW .
REPORTNO.: COD~1s.os
PAGE a .
BACKGROUND AND COMMENT
,'::It:;; .,~
,-,C.;,'
In November, 2002 COOncilapproved repcjrtCOD-~ (seescRedufiJtAl<;~)
which re-confirmed the practice of not utiliZIng ,a "Fair Wage Polley".
Staff have since been requested to do fUrther inves.tIon on thissu~
Since the time ofrepo!t. staff havehad~ssions and oQtained ir:IPUtf!Orn19
following Municipalities who currently have a fair wage policy:
. City of TorontQ
. City of Londotl
. City of Thunder Bay
. City ofOshaw~
. City of Hamilton
Further input has beenoblained eith8Fdkectly or indirectly frOm:
. Universal Work$l'$ Union
. Totten Sims Hubicki Associates
. Small non-unioniZed contractors
In addition to the disadvantages outlined:kl,repI)rtCOO-56-Q2thtl-,~ ~ms
were raised:
- the relationship'betwl*tll the union~ contractors andr'lClf'l.;iol.lO~~
'-.. ..:...'..'::-...... ":. ....
-'-- ....... ,,;.:.,.->
- .. ,.,....." "......
very adversarial with both parties making claims of unfair ~: ' '
- " _' -,,-.:.; "'C'''_'_'' ,_,
the issue of interpretation of the conect job classification anct~ rate
is difficult to manage and is frequently challenged.
'-"
- non-unionzied contractors provid&iheir staff with many benefits .. off_ by
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REPORTNO.: COO-G15-0S
PAGE 3
....
......... ................ - ... -,-."..,'-" .....-
on a per job basis versus non-unionited staff retained for appn:OOl1'I8tely 10
.. ,....-- ...... .. .. .. .. ..
-, ',', ,ji-, ',:"~ '
months per year).
.- .-." .. ,','
Consequently, the following two optionlf".'P(ovided forCQutlcjdi~:
OotionA
That Council re-confmn its' currentpr~Oft'\Ot utilizing a FairWage-.JDoIieyinOrderto
maximize local competitive opportunitieS.
OR
OotionB
.- ,...,:....'.
a) THAT Council adQpt in principle a ...;ijI"~POlicy;
'_~_ '," .. '_ .. '. i':::~_,'_:-'''_:,
b)e:THATstaff be aU,thorized to work in~tion with the varit)usT....e Unions, the
DUrhlilm COll$tl'uction ,Association at\l:t,~~of Toronto FajrWageOffic& to
develOp a fair Wage Policy and ~Fair Wage Schedule:
c) THAT a FairWage Policy be brougl)Ji,~1OCouncil fora~al; ~nd
- i-i:>
d) THAT the Fl:iir Wage Polk:y apply1O~ construction on'y in ~. Where the
estimated total budge" t exceeds one..iQ.ri<!9l1ars ($1,000.000.00)."
.... ...,..-..:.,....:'.. .... ".."
e) THAT the Fair Wage Policy be impl:lll~On acomptaintbasi6onty liInd that the
contractor making the claim be chalJ$dllltadministration fee Wllichjs refundable
only if the claim proves to be valid; and '
,f) THAT 'staff be authorized to senda~~nirequest to the. City ofTotOftto 'Fair Wage
Office to provide auditing services ~$i(~Wage Compfiarn:eOll an,ss flEle(jed and
cost recovery,basis. .
Due to the ITI8IlY issuessurroundinga~'W. Policy as well asthe8S$Ociated
"....::.--,...,':
,.....:....,"..:.,
administrative costs, staff have had initlatd~n$ with the City of Torontowith
. ~
respect to their Fair Wage Office Staff pm:vk:ti"gassistance. Su.bject tOl'$Ceiving a
, . '- ,- .- .,.. I
written request from the Municipality of,~~n as well as apf),rova1bythe City of
Toronto Council, the Toronto Fair Wage,~iswilting toprovideassi_ce by
Pelforming the required audits whene~;~~!plaint i$ received bY Clarington. If this
-/,.:".".... .-'.'.:"",
REPORT NO.: COD.o15005 .
PAGE 4
-, .. '~'-'-.
service is to be pre.. r, d they would 8Iso require input in the deveIO~ pt.. .
;__'. ...;.;....{'<. - .. ~'-" ...' .':.: :,'__ .,'~'_:, .""<,,,_.-,...- '0. ->:.",_.. .T:-.":'{;i,L:'-':'>'~-;:"i-.
- . . .
ClaringtQn's Fair W. Polley.
As a FairWagePolicy. may have an impact Oll.1hel'lUmbetof conatru~~won
.. .....0 ....,.......",.,.'... ,_ .. ...... ,---' ":'" .. ,,:._,,:,,;.,,',_" .....:..
by Clarington's smalt.to mid size contractorS. it i&recoT/1IT1El~..~~proposed.
. .. -,' .. ..
policy be applicable 0I'lty to construction proj$Cts~ing onel'l:1lll~.Even at
"0' -...-:...... .......,.-
'.,'
this limit there are stlIt'8 couple of local ~ that this willtmPact. ..
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Lastly. it is further recommended that anyproposecl Fair Wage P.oIicVlejmphJmented
on a complaint basis only and that the contraCtor making the claim bedlarged aR
" .." "':-:;'" .. -- --''''---.-
administrative fee based on the cost of perfomiing the audit. His fee ~be Nfunded
only if the claim proves to be valid. This:procedure wtlUId diScourage,tIhd would,
/:.<-: .. ....
thereby, reduce friVOlOUs claims. Should the feebeeome refu~e.~MunK:jplIlIty
~-~:;:: ""i;' ..
would then incur the Cl:l8t. for the City of TOf(IntQ auditservices.~ ~"~
'. " .;,' -':<",:_i:,'.::-' -::,-,;
to the Municipal budget. While this cost'WOUkhary dependlng,on,th&..~ for
the audit, it is estimated 10. be up to. $1500.00 peraudll
JJ. is anticipa1edthatW/th option B, it wiII~a$lgoificantamO\,fJltots.~1f'tirnliJtb; ..
administer and co-orcIinate.
,',,>,j-
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"'".......... .. .. ...
Should Council select option B, once staff has received input fromthe.. p8fties
'.,-'--,-"
identified in the recomtnendatiOns ofthisreport, a further report.and~~~!lIF.iI'.....
:'"
Wage POlicy would be'brought back to CouI')Ctl for aPProval.
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CORPORATION ~ 1'HE MUNlCtiIW.Jn!. CL;ARING1'ON
40 TEMPERANCE STREET, aa"IMA1fVILLE.~,iCWT~2Wlet..
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. SCHEDULE "A"
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE ANOAOMINISTRATION COMMITTEE
Date: November 18, 2002
Report #: COO-56-02
File#_
By-law #
Subject: F.air Wage Schedule
Recommendations:
It is respectfully recommended that the G$fl~rarPurpose. and Administration Committee
recommend to Council the following: .
1. THAT Report COD-56-o2 be rtlceiv!iKI for information; and
2. THAT Council confirm its current practice of not utilizing a "Fair. Wage Polley"
Submitted by:
Marie Marano, H.B.Sc., C.M:O.
Director of Corporate Services
Reviewed by:
Franklin \1\IU,
Chief Administrative Officer
MMILABlkm
12'1}5
REPORT NO.: COO-56..o2
PAGE 2
BACKGROUND AN.D COMMENT
Over the past couple of years the Municipality of C1arington has been approaehedby various
constnJctjon Trade Unions. and most recently by the Universal Workers Union. fOr consideration .
of the implementation of a "Fair Wage Policy" in all municipal construction contracI$.The
current practice of the Municipality is to not utilize a "Fair Wage Policy".c
A Fair Wage Policy stipulates to contractors bidding, the contract hourlyratesihatthey are to
pay to their various stlD'Coniractors. The .purpose of it is to produce some equity and
compromise between those contractors using organlzed versus unorganized labour.
The drawbacks of a Fair Wage Policy can bel:iUmmarized as follows:
. difficult to establish labour rates and classifications acceptable tOlilll Plill'ties;
. diffICult, time consuming and costly to enforce
. may require additional staff resources to monitor adherence to the~.
. may restrict local competition that is not unionized
. may arbitrarily increase prices
The goal of the MuniciPClIity is to optimize our financial resources. In order to~h thiS
our tendering practices must be open and competitive for us to obtain the greatestvaluefor1he
dollars being expended and meet our objective of running cost effectiv~y,
Staff have surveyed all Municipalities within the RegiOn of Durham and have.fo!1nd that tha City
of Oshawa is the only one who currently has a FairWage Policy. The City of Oshawa
Purchasing By-law includes the following clause:
"3.08 In the case of all City construction contracts the Contractor shall be requlredtoPClY or
cause to be paid to each person employed in the contract work (including per$9nS..emp~by
Sub-contractors) at least minimum union rate of wages for employees of such ctasS prevailing in
Oshawa from time totin'le during the execution of the work. or if there is no appfit<lble union
rate, the prevailing rate of wages in Oshawa for employeas.
The rates established by the City of Oshawa vary and are based on aPercenta!J$ of the union
rates established in the specific zone for the representative classification. as deterrnlne<Jl:>ytha
Ontario Ministry of Labour.
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REPORTHO.:COD-s&.Q2
PAGE .3
," .
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The most aggressive use of a fair wage ~ fa by the City of Torontoi who ac:tually have a
"Fair Wage Office" with four (4) full time stafr~. It is the mponsibility of these staff to
ensure the policies are enforced and to investigate any cases of non-oompliance.
The on~otherMunicipalityln ontario known to. a "Fair Wage PoIi<;)'" is thftCity of LOhdon.
In summary, It Is staff's opinion that to implermmtoa Fair Wage Poii<;)' within thet.,4unlcipality of
CtalillgtOQWould not be in the Municipality'~IMl$tin,terestat thistirne. '
CO~ OF THE MUNlCtP.N.1TY OF Cl.ARINGTON
40 TEMPERANCE STREET. BOWMANVILlE, .~ L 1C 3A6 T(905)623-3379F:~)623-4169
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Unfinished Business
CI!![igglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Tuesday, March 29, 2005
Report #:
Addendum to PSD-014-05
File #: ZBA 2004-045
and 18T-87021
By-law #:
Subject:
LIBERTY STREET DEVELOPMENT INC.
AGENT: TUNNEY PLANNING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. Tt-IAT Report PSD-014-05 and Addendum to Report PSD-014-05 be received;
2. 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-014-05 be forwarded to Council for
approval;
3. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement
between the Owner and the Municipality of Clarington at such time as the agreement has been
finalized to the satisfaction of the Directors of Engineering Services and Planning Services;
4. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham
Planning Department; and;
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by:
Franklin Wu,
Chief Administrative Officer
Reviewed by:
o ~ --5 e....n"
TW/CP/df
16 March 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1501
ADDENDUM TO REPORT NO.: PSD-014-05
PAGE 2
1.0 BACKGROUND
1.1 On January 24, 2005, Council referred application ZBA2004-045 as contained in Report
PSD-014-05 back to staff to report on the impact of the developer's proposed three (3)
metre exterior side yard setback and related grading issues. The related amendment to
Draft Approved Plan of Subdivision 18T-87021 contained in Report PSD-014-05 was
approved by Council on January 24, 2005.
2.0 DISCUSSION
2.1 Within report PSD-014-05, Staff recommended exterior side yard setbacks of 4.0
metres to a dwelling and 2.0 metre to an unenclosed porch/balcony, rather than the 3.0
metres and 1.2 metres requested by the applicant. This recommendation resulted out
of concem that the requested reduction was too extreme when compared with existing
exterior side yard setbacks permitted in surrounding developments.
2.2 Staff noted that by allowing homes to be located closer to the street there would be
reduced opportunity for landscaping. The homeowners may not feel comfortable using
their porches, as the exterior side yard that once defined private and public realms
would be further reduced.
2.3 Engineering Services expressed concerns regarding lot grading, particularly the
potential need for retaining walls if grade differentials would not permit a natural grade
to the street.
2.4 Staff contacted the City of Pickering, Town of Ajax, Town of Whitby and City of Oshawa
to determine if similar exterior side yard setbacks to what the applicant has proposed,
are permitted in these municipalities. With the exception of the Town of Whitby, all area
municipalities have permitted reduced exterior side yard setbacks to a dwelling from
their traditional 4.5 metre or 6 metre setbacks. The City of Oshawa and the Town of
Ajax have permitted 2.0 metre setbacks, while the City of Pickering permits 3.5 metre,
2.7 metre and 2.5 metre setbacks within various zone categories. Oshawa and Ajax
allow porches to be setback 1.0 metres to the property line and steps may be located
commencing at the property line.
2.5 In Clarington urban areas, traditionally dwellings were required to be set back six (6)
metres from the exterior side yard in Bowmanville, as depicted in Figure 1. In recent
years, staff have recognized the benefit to reducing this requirement to 4.5 metres in
order to increase land efficiencies and provide an attractive streetscape.
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ADDENDUM TO REPORT NO.: PSD..o14-05
PAGE 3
Figure 1: Dwelling in Bowmanville with a 6 metre exterior side yard
2.6 Staff visited developments in surrounding municipalities where reduced exterior side
yard setbacks have been permitted. Figures 2 and 3 contain dwellings in Oshawa
where a 2 metre exterior side yard setback is permitted. These dwellings are very close
to the municipal sidewalks. Although the applicant had requested a 3 metre setback to
the dwelling, a request for 1.2 metres to an unenclosed porch/balcony was requested.
Staff are concerned that by permitting dwellings and porches to be setback closer to the
street, the boundary between the private and public realm would be blurred and the
privacy of the homeowner impacted.
Figure 2: Dwelling in Oshawa with a 2 metre exterior side yard setback
1503
ADDENDUM TO REPORT NO.: PSD-014-05
PAGE 4
Figure 3: Dwelling in Oshawa with a 2 metre exterior side yard setback
2.7 Staff also observed that the dwellings in the Park Ridge development in Oshawa had a
larger front yard setback than an exterior side yard setback. This resulted in houses on
corner lots that front on an adjacent street to project into the side yard further than the
front of the houses that front on the street where the house is flanking. This is shown in
Figure 4 below.
Figure 4: Dwelling in Oshawa on a corner lot that projects in front of
Dwellings fronting on an adjacent street
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ADDENDUM TO REPORT NO.: PSD-014-05
PAGE 5
3.0 STAFF COMMENTS
3.1 At a meeting with Planning Services and Engineering Services Staff on February 15,
2005, representatives for Liberty Street Developments Inc. provided sample corner lot
sitings for eighteen (18) of the thirty-three (33) corner lots within Draft Approved Plan of
Subdivision 18T-87021. Engineering Services Staff subsequently reviewed the sitings
and advised that some of the lots have to be graded with a 3: 1 slope to the exterior
property line. Although the slope is not a direct result of the reduced exterior side yard
setback, the opportunity to flatten the slope would be decreased due to the reduced
exterior side yard.
The result of a 3:1 slope is a reduced effective height of any privacy fence that the
property owner builds (in other words, the fence will be too low to provide privacy to the
side yard and backyard). Many of the lots have to be graded in this way which staff feel
is undesirable to the buyer.
3.2 On March 7, 2005, Planning Services and Engineering Services Staff met with the
applicant and his consultant to discuss concerns with the requested setbacks. Staff
proposed a compromise to the applicant where the proposed 3.0 metre setback to a
dwelling and 1.2 metre setback to an unclosed porch/balcony be permitted in instances
where the exterior side yard was not adjacent to a municipal sidewalk. In locations
where there is a municipal sidewalk, staff would support the recommended 4.0
metre setback to a dwelling and 2.0 metres to a porch. The locations of the proposed
municipal sidewalks are shown on Attachment 2. The recommended setbacks would
also be required on the lots along Bons Avenue and Allworth Crescent given the smaller
lot size and location on an arterial road.
3.3 Block 274 is oriented in such a way that the dwelling could project in front of the
dwellings located on Block 273 and lots 94 to 100. It was proposed that this Block
maintain the setbacks recommended by staff (Attachment 2).
3.4 The applicant was receptive to Staff's proposed compromise which will allow them to
develop eleven (11) lots as they had proposed with reduced setbacks. The revised
Zoning By-law is reflective of the compromise agreed to by Staff and the applicant
(Attachment 3).
3.5 To further address the Engineering Services Department's concern over the effective
height of privacy fencing, staff proposes that the developer be required to install fencing
for all corner lots to the satisfaction of the Engineering Services Department and
Planning Services Department. This would require the inclusion of a new schedule in
the subdivision agreement that outlines the requirements for corner lot fencing location,
size and design. The applicant was in agreement with this proposal.
3.0 CONCLUSION
3.1 In consideration of the comments contained in this report, staff recommend approval of
the zoning by-law amendment as modified and contained in Attachment No.3.
1505
ADDENDUM TO REPORT NO.: PSD-014-05
PAGE 6
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Attachments:
Attachment 1 - Report PSD-014-05
Attachment 2 - Location of Municipal Sidewalks within Liberty Crossing
Attachment 3 - Revised Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Lisa D'Angelo
Steve Lucchi
Nancy Barnes
Kevin Tunney
P. Louise Barrett
Frank Harris
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CI{}!iaglOn
ATTACHMENT 1
REPORT
PLANNING. SERVICES
. Meeting: . GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, January 24, 2005
Report #: PSD-014-05
File #: ZBA 2004/045 and
18T-87021 .
By-law #:
Subject: AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-87021.
ZONING BY-LAW AMENDMENT ZBA2004/045 TO PERMIT THE
DEVELOPMENT OF 267 RESIDENTIAL UNITS
APPLICANT: LIBERTY STREET DEVELOPMENTS INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose .and Administration Committee
recommend to Council the following:
1. THAT Report PSD-Ol~5 be received;
2. THAT th.e amendment to Draft Approved Plan of Subdivision 18T-87021 submitted by
Liberty Street Developments Inc. be APPROVED subject to the conditions contained in
Attachment 3; . .
3. THAT the application for Zoning By-law Amendment (ZBAZ004/045) be APPROVED, as
contained in Attachment 5; .
"
4. THAT the Region of Durham Planning Department be forwarded a copy of this rep6rt
and Council's decision.; and ' ,...
5. THAT the applicant, agent, and all interested parties listed in this report and;!ny
delegations be advised of Council's decision.
Reviewed by:
8~rtR
Submitted by:
David . Crome, MCIP, R.P.P.
Director of Planning Services
FranklinWu,
Chief Administrative Officer
lW/CS/DJC/sh
JanuarY 19, 2005 .
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379.F (905)623-0830
636 - 1507
REPORT NO.: PSD-014-05
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Liberty Street Developments Inc.
1.2 Agent: Tunney Planning Inc.
1.3 Amendment to Draft Approved Plan of Subdivision:
From: 138 lots with 15.0 metre frontages for 138 single detached
dwellings, 56 lots with 18.0 metre frontages for 112 semi-detached
dwellings with a total of 256 units.
To: 78 lots with 9 metre frontages, 98 lots with 12.0 metre
frontages and 85 lots with 15.0 metre frontages all for single
detached dwellings with a total of 267 units.
1 .4 Amendment to the Zoning By-law:
From: "Holding - Urban Residential Type One ((H(R1) Zone" to
appropriate zones to permit the development of single detached
dwellings on lots with 15, 12 and 9 metres frontages with reduced
exterior side and front yard setbacks and increased lot coverages.
To: Permit the proposed amendment to the Draft Approved Plan of
Subdivision.
1.5 Site Area:
17.782 hectares (43.94 acres)
2.0 LOCATION
2.1 Thesubject)al1ds .are located west of Liberty Street; south of Concession Road 3, being
Part of to! 11 ,Qoncession2in the former Town of Bowmanville.
3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The lands subject to the amendments are currently occupied by a residential sales
office for the proposed development. The remaining lands are currently vacant.
3.2 Surrounding Uses
North - Concession ROac! 3 and north of it, lI~cant lands, a church and two
. .. resiaential dwenings: . . . ..
South:"" Residential dwellings and vacant lands with a Draft Approved Plan of
. 'Subdivision (18T-89070) for 88 units for semi-detachedllink dwellings and
:;townhouses. . .. . . . . .
East - One single detached dwelling on the west side of Liberty Street and a
residential subdivision On the east side of Liberty Street consisting of
townhouses, semi-detached and single detached dwellings. .
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REPORT NO.: PSD-014-05
PAGE 3
A single detached dwelling and vacant lands with two Draft Plans of
Subdivisions. Plan 18T-89044 has been draft approved for 70 units for
single-detached, semi-detachedflink and townhouse dwellings. Plan 18T-
87087 has been approved for 294 single detached, semi-detached/link
and townhouse dwellings.
West-
4.0 BACKGROUND
4.1 The Region of Durham issued Draft Approval for Plan of Subdivision 18T-87021 in
March 1990. It was subsequently amended in March 1991 and again in March 2001.
The latest amendment was Draft Approved for 138 lots for single detached dwellings,
56 lots for semi-detached dwellings, a block for six (6) townhouse units and a block for
commercial development. The six (6) townhouse units are intended to be developed
with a medium density townhouse block within Draft Approved Plan 18T-89070
consisting of 42 units. The commercial block is intended to be developed with the
property located on the south-west corner of Liberty Street and Concession Road-3.
4.2 On October 5, 2004 Staff received an application to amend Zoning By-law 84-63. The
application to amend Draft Approved Plan of Subdivision 18Tc87021 was received on
November 3, 2004. The applicant wishes to amend the lots in the Draft Approved Plan
which were originally approved as lots for 138 single detached dwellings and 56 lots for
semiflink residential units. The proposed change results in an overall increase in lots
from 194 to 261 and units from 256 to 267.
4.3 The following chart illustrates the differences between the Draft Approved Plan of March
1990, revised in March 199.1, and March 2001 and the current proposal.
15 m Sin les 203 194 138
12 m Sin les NfA NfA NfA
9 m Semi/Link NfA 18 112
9 m Sin les NfA NfA NfA
Townhouses N/A 6 6
Total 203 218 256
Net Residential Densi 11.4 12.3 14.3
5.0 OFFICIAL PLAN CONFORMITY
5.1 Durham Reaion 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 designations shall be for housing
purposes. The proposed uses conform to the plan.
1509
REPORT NO.: PSD-014-05
PAGE 4
5.2 Clarinaton Official Plan
In the Clarington Official Plan, the subject lands are designated as Urban Residential.
There is a Neighbourhood Commercial Symbol at the north east corner of the subject
lands. The lands are within the Knox Neighbourhood, which has a population allocation
of 5400 and a housing unit target of 1900. The proposed uses conform to the plan.
6.0 ZONING BY.LAW
6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned
"(Holding) Urban Residential Type One ((H)R 1) Zone". A zoning by-law amendment will
be required in order to implement the proposed amendment to draft approval.
7.0 PUBLIC MEETING AND SUBMISSIONS
7.1 Two area residents spoke in opposition to the proposal at the statutory Public Meeting
held on December 6, 2004. Their concerns are summarized below:
· D. Louise Barret, who lives at 342 Liberty Street North was concerned with the
change to the lotting fabric and location of Jennings Place in the vicinity of her septic
bed.
It should be noted that Jennings Place will be constructed in a temporary location
until the septic bed is no .Ionger in use. The blocks surrounding Mrs. Barret's
property will also be frozen until Jennings Place is constructed in its permanent
location.
. Mr. Frank Harris identified concerns with the lack of sidewalks along Liberty Street
North and Concession Road 3. He was also concerned with increased traffic
volumes on Concession Road 3.
The applicant is proposing to include sidewalks in this development. Both Liberty
Street and Concession Road 3 are Type B Arterial Roads and are intended to move
significant volumes of traffic.
7.2 Staff have received three calls from residents who reside in the vicinity of the subject
site.
Mr. Lucchi, who resides on the north side of Concession Road 3, west of Liberty Street,.
inquired about the location of Lowrie Street and whether it would affect to his driveway
on Concession Road 3. Lowrie Street enters Concession Road 3 to the west of Mr.
Lucchi's property.
Two phone calls of a general nature were also received.
8.0 AGENCY COMMENTS
8.1 In accordance with departmental procedures, the applications were circulated to obtain
comments from other departments and agencies: .
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REPORT NO.: PSD-014-05
PAGE 5
8.2 The Clarington Emergency and Fire Services Division, Clarington Operations, Canada
Post and Rogers Cable have no objections to the proposal.
8.3 The Peterborough Victoria Northumberland and Clarington Catholic District School
Board requests that adequate provision be made for sidewalks in this development.
The Board has no other comments or concerns at this time.
8.4 The Kawartha Pine Ridge District School Board indicated that they have no concerns at
this time and advised that the proposed development will yield approximately 90
students to Harold Longworth Public School which is currently over capacity with four
(4) portables on site. The Board also indicated that they require sidewalks on interior
streets.
8.5 Enbridge, Bell Canada and Veridian Connections offered no objections to the proposal.
Each agency provided standard conditions to be included in the Conditions of Draft
Approval.
8.6 The Region of Durham Planning Department has no objection to the revised draft plan.
The conditions of draft approval provided on March 26, 1990, as amended on March 15,
2001 are still applicable. Condition 1, 4, 6 and 7 of the amended conditions of draft
approval will need to be changed to correspond with the revised plan. These conditions
will need to be complied with prior to clearance by the Region for registration of this
plan.
8.7 The Central Lake Ontario Conservation Authority has no objections to the applications
and indicated that the previously requested conditions of draft approval are still
applicable to the current proposed plan of subdivision.
8.8 The Clarington Engineering Services Division attended staff/developer progress
meetings and were provided with information, drawings and sketches addressing our
various concerns. To summarize, the following issues have been satisfactorily
addressed.
. The developer has demonstrated that houses with 4.6 metre driveways and single
car garages can be sited on the "eyebrow" lots on Allworth Crescent. The ultimate
siting will be reviewed in detail at the Engineering submission stage.
. Kinked driveways are not permitted: however, 4.6 metre wide driveways can be
constructed on the "30 foot" lots if the zoning triangle were reduced to 6.75 metre X
6.75 metre. -
. It must be clearly stated (where appropriate) that all services located on the
temporary portion of Jennings Place must be moved and relocated at the applicant's
cost prior to the development of lots 273 through 277 inclusive. .
1511
REPORT NO.: PSD-014-05
PAGE 6
9.0 STAFF COMMENTS
9.1 9.0 and 12.0 Metres Sinale Detached Dwellinas
The applicant wishes to amend the existing Draft Approved Plan of Subdivision to
permit the development of only single detached dwellings. The applicant has requested
lots with a minimum of 9.0 metres frontages for single detached dwellings on an interior
lot and 12.0 metres on a corner lot rather than an 18 metres semi-detached or link lot.
The 9.0 metres single detached dwellings will have a similar housing fomn to the
previously approved 18.0 metre semi-detached link lots with the exception of the link
which is typically accomplished by using a bar to link two units below grade. The
minimum lot area would be slightly decreased for each dwelling unit and the separation
distance between dwellings would remain the same (eg. an interior side yard setback of
1.2 metres on one side and 0.6 metres on the other).
Staff support the proposal to create a new 9 metre single lot category only in a situation
where semi-detachedllink lots have been previously approved. For any new
development, the minimum frontage on a small lot single dwelling should be 10 metres.
The Applicant also proposes to replace some of the 18.0 metres semi-detached links
and some of the 15.0 metres single detached lots with 12.0 metres single detached lots.
This provides a good variety of housing types.
For the 12.0 metres single detached lot category, a corner lot frontage of 13.8 metres
was requested. Typically 15.0 metres would be required to. provide for the wider
exterior side yard. Staff support the reduction in corner lot frontages in tandem with the
other recommendations regarding exterior side yard requirements addressed below.
9.2 Front and Exterior Side Yard Setbacks
9.2.1 Front Yard Setbacks
The applicant has requested reduced front yard setbacks to encourage the construction
of porches and balconies and to bring the homes closer to the street. This will provide
an attractive residential environment and encourage social interaction. The reduced
setbacks have been requested for all lots and are outlined in the table below.
TABLE 2
PROPOSED MINIMUM FRONT YARD SETBACKS
Front
3.0 metres
4.5 metres
6.0 metres
Staff are in agreement with the requested front yard setbacks. Similar setbacks to a
dwelling have been permitted in recent subdivisions, including the subdivision directly to
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REPORT NO.: PSD-014-05
PAGE 7
the south of the proposed development. Porches are already permitted to encroach 1.5
metres into the permitted front, side, and rear yards, providing a front yard setback of
3.0 metres to the property line. The General Provisions contained in the Zoning By-law
permits a 1.5 metre encroachment for steps in the front yard. This would permit steps
associated with a porch to be setback 1.5 metres from the property line.
9.2.2 Exterior Side Yard Setbacks
Similar to the requested front yard setbacks, the applicant has requested reduced
exterior side yard setbacks for the purpose of providing an attractive streetscape. While
staff support a considerable reduction of the current standard for an exterior side yard,
the Applicant's request is too extreme. The current, requested and recommended
setbacks are outlined in the table below.
TABLE 3
PROPOSED AND RECOMMENDED MINIMUM
EXTERIOR SIDE YARD SETBACKS
EIlli
Current
Pro osed
Recommended
4.5 metres
1.2 metres
2.0 metres
6.0 metres
3.0 metres
4.0 metres
6.0 metres
6.0 metres
6.0 metres.
Lands to the south and east have been developed with the standard exterior side yard
requirements of 6 metres to any portion of a dwelling and a 1.5 metre encroachment for
an unenclosed porch.
The requested exterior side yard setbacks are out of context to what is currently
permitted in surrounding developments. Reductions have been permitted in other
developments in Bowmanville, however, they have not been reduced below 4.5 metres
to a dwelling. The setback to a porch, when factoring in the permitted 1.5 metre
encroachment would allow for a 3.0 metre setback.
Staff visited developments with setbacks similar to what the applicant has requested in
Ajax, Oshawa, and the Port of Newcastle. Staff observed that the homes on corner lots
were substantially larger than the ones on interior lots. The exterior side yard setbacks
recommended by Staff will encourage the development of homes on corner lots that are.
similar in scale to those on the interior lots.
Attachment 6 contains two pictures of a home in Oshawa with similar setbacks to what
is proposed by the applicant. Sitings, provided by the applicant are provided in
Attachment 7 as a comparison. As seen in the photographs, the exterior side yard of
this home is quite narrow with minimal space for landscaping. The stairs from the porch
extend right down to the sidewalk. The planting beds in front of the porch meet the
sidewalk. This causes concern with the ability of a homeowner to be able to maintain
large trees in this yard which may be desired by some residents for the provision of
shade, privacy and an attractive yard.
1513
REPORT NO.: PSO-G14-05
PAGE 8
Grading issues must also be considered. In certain situations there may be grade
differentials that do not allow for a natural grade to the street, necessitating small
retaining walls.
Staff are supportive of reduced setbacks from the current standard to provide a compact
pedestrian-oriented environment with attractive porch features. However, if the home is
located too close to the street, the residents will not feel comfortable using the porch.
The requested exterior side yard setbacks may be more appropriate in a denser
urbanized area but is not appropriate for this neighbourhood.
Staff recommend that the exterior side yard setback to a dwelling be 4.0 metres and 2.0
metres to an unenclosed porchlbalcony. The setback to the dwelling will closer reflect
the 4.5 metre front yard setback, and the 4.5 metres exterior side yard setbacks in other
areas of Bowmanville. This will provide a consistent streetscape along both the front
and exterior side yards while providing adequate areas for the provision of landscaping
and separation between pedestrians and the homeowner.
9.3 Increased Lot Coveraqe
An increase in lot coverage from 40 to 45 percent was also requested for the 9 metres
minimum lot frontage. Along with the reduced front and exterior side yard setbacks for
all lots in the plan, this will provide the applicant with the ability to intensify the
development by permitting a larger building footprint on all lots.
The applicant has requested an exemption in lot coverage for unenclosed porches and
balconies. It is proposed that on an interior lot, a porch up to a maximum of 12 square
metres in area be permitted. For an exterior lot, porches with a maximum area of 20
square metres is proposed. The table below represents the increase in lot coverage for
the 9.0, 12.0 and 15.0 metres lots using the minimum lot area requirements and the
requested maximum area for porches and balconies.
2.61%
3.24%
4.44%
3.64%
5.41%
7.41%
Staff agree with the requested exemption for porches from lot coverage. Through
Architectural Control review, porches are encouraged specifically on exterior lots. By
allowing this exemption further support of the Architectural Control Guidelines is
provided.
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REPORT NO.: PSD-014-05
PAGE 9
9.4 SiQht TrianQle
Through the detailed review of this proposal it was determined that by reducing the
frontages and interior side yard setbacks, a 4.6 metre wide driveway would likely
encroach within the required 7.5 metre site triangle. Discussions with the applicant
revealed that the lots could develop without the driveway encroaching into the site
triangle if it was reduced to 6.75 metres. Engineering Staff were consulted and are in
agreement with the recommended site triangle.
9.5 Drivewavs on Evebrow lots
Engineering Services was concemed that the eyebrow lots on Allworth Crescent did not
have adequate frontages to accommodate a double wide driveway and area for snow
storage. The applicant provided sitings that demonstrated a 4.6 metre wide driveway
can be accommodated. At the request of Engineering Services, Staff recommends
these lots be zoned to limit the width of the driveway to a maximum of 4.6 metres. The
applicant should also be aware that Engineering Services objects to kinked driveways,
therefore the lots should not be developed with garages that exceed the width of the
driveway.
9.6 Themed Streetscape Features
The proponent is marketing this project with a traditional Ontario town theme. To this
end, a variety of streetscape elements have been proposed including an entry feature at
Bons Avenue and Liberty Street and Concession Road 3 and Lowrie Street. The entry
features are intended to provide a sense of place and a gateway for the proposed
development. ?treetscape features will also be incorporated into the development
which includes fencing, landscaping and heritage street lighting.
The applicant has indicated that most of the proposed entry features will be located on
private property and will be transferred to future homeowners. As a condition of draft
approval, the applicant will have to place a warning clause in the purchase and sale
agreements advising the purchaser that it will be the owner's responsibility to maintain
the entry feature.
The Engineering Services Division advises that features such as fencing, walls and
signage will not be permitted within the municipal boulevards due to maintenance costs.
The applicant is to provide details for all urban design features for approval.
9.7 Development of Blocks 262 to 267 inclusive (Allworth Crescent)
Blocks 262 to 267, inclusive are to be developed in conjunction with Blocks 20 to 29,
inclusive on Draft Approved Plan of Subdivision 18T-89070. The rezoning by-law will
rezone the blocks within the subject lands for 9 metre singles. However, in the adjacent
draft approved plan of subdivision, the rear portion of these future lots (Blocks 20-29)
remain zoned "(H)R1", and were intended for the development of semi-detached/link
dwellings. Although the alignment of the blocks correspond, a future rezoning
1515
REPORT NO.: PSD-014-05
PAGE 10
amendment application will be required prior to issuance of a building permit for a single
detached dwelling.
9.8 Road Infrastructure
The road infrastructure maintains a similar pattern to what had been previously Draft
Approved (See Attachments 2 and 3). Modifications to the road network are discussed
below.
Jennings Place
Due to the location of an easement for a private septic system servicing. the
property located at 342 Liberty Street North, the applicant will not be able to
construct a portion of Jennings Place until such time as the homeowner agrees to
connect to municipal water and sanitary sewer services, which will be made
available by the developer. As an interim solution, the applicant is proposing to
construct a temporary road.
All temporary services must be removed and relocated, and Jennings Place is to
be constructed to it's permanent location prior to the development of Blocks 273
through 277 inclusive.
Lowrie Street
The applicant proposes to relocate the road from Concession Road 3, identified as
Lowrie Street east of the location that was previously Draft Approved. The street
was relocated to avoid conflict with the future Collector Road designated for lands
to the west of this development and identified in the Official Plan.
On the previously approved Draft Approved Plan, Lowrie Street was to connect
with Argent Street to the south. Engineering Staff expressed concern that this
would become a thoroughfare, acting as a Collector Road, rather than a Local
Road. As a result the mid-section of the proposed street has been replaced by a
walkway. This satisfies Engineering Services comments, while maintaining a grid
system for pedestrian use. Special attention will have to be given to the dwellings
that abut the walkWay in regards to placement and design.
Brough Court
A cul-de-sac was originally located to the north of the existing single detached
dwelling fronting onto Liberty Street. The cul-de-sac has been moved to the west
end of the development and is identified as Brough Court.
Section 9.5.5 and .19.7.2 of the Official Plan contain principles for residential
neighbourhoods to develop with a grid street system. Section 19.7.2 also indicates that
cul-de-sacs are generally not permitted. . The purpose of these principles is to
encourage multiple routes and connections for pedestrian and vehicular use. This
proposal does contain a cul-de-sac, as did the previous Draft Approved Plan. However,
it should be noted that the plan does maintain a grid system with opportunities to
connect to the neighbourhoods to the west and south. The walkway connecting Lowrie
1516
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REPORT NO.: PSD-014-05
PAGE 11
Street to Argent Street maintains the pedestrian grid system, meeting with the intent of
the Official Plan.
10.0 RECOMMENDATIONS
10.1 Prior to scheduling a recommendation report to Committee and Council on a draft plan
of subdivision application a list of the proposed conditions of draft approval are
submitted to the applicant fortheir review and concurrence with the same. The purpose
of this exercise is to determine if there are any conditions of draft approval that the
applicant does not agree with and that they be identified for further discussion purposes.
The applicant concurs with the Conditions of Draft Approval.
10.2 In consideration of the comments received from circulated agencies and review of the
proposal, staff recommend:
. Approval of the amendment to Draft Approved Plan of Subdivision 18T-87021, on
Attachment 3, subjectto the conditions contained in Attachment 4; and.
. Rezoning the subject lands within the plan of subdivision, Attachment 5.
Attachments:
Attachment 1 - Key Map Amendment to Draft Approved Plan
Attachment 2 - Draft Approved Plan of Subdivision 18T-87021, March 2001
Attachment 3 - Plan of Subdivision 18T-87021 as redlined
Attachment 4 - Conditions of Draft Approval
Attachment 5 - Zoning By-law Amendment
Attachment 6 - Photographs of a similar development in Oshawa
. Attachment 7 ~ Proposed corner lot sitings
List of interested parties to be advised of Council's decision:
Lisa D'Angelo
Steve Lucchi
Nancy Barnes
Kevin Tunney
D. Louise Barrell
Frank Harris
1517
ZBA 2004-045
Zoning By-law Amendment
CONCESSION ROAD 3
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Redline Revision to Draft Approved
Plan of Subdivision 18T -87021
Owner: Liberty Street Developments Inc.
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ATTACHMEINT 4
CONDITIONS OF DRAFT APPROVAL
Revised Draft Plan of Subdivision 18T 87021
Part Lot 11, Concession 2, Former Town of Bowmanville
Dated: January 24, 2005
1. The revised Conditions of Draft Approval for Plan of Subdivision 18T
870211a5t approved March 15, 2001 being numbers 1 to 29, be deleted in
their entirety and replaced with the following conditions.
2. The Owner shall have the final plan prepared on the basis of approved
draft Plan of Subdivision 18T 93008 prepared by Tunney Planning Inc.
identified as job number TUN 507-1, dated November 2004, which
illustrates 261 single detached dwellings, 16 part Blocks for 21 single
detached homes, Block 278 for a commercial block, Block 279 for a
medium density Block, and various roads, site triangles and reserves.
3. The Owner shall dedicate the road allowances included in this draft plan
as public highways on the final plan.
4. The Owner shall name road allowances included in this draft plan to the
satisfaction of the Regional Municipality of Durham and the Municipality of
Clarington.
5. The 5.18 metres road widening on Concession Road 3, identified as Block
288 shall be dedicated to the Municipality of Clarington as a public
highway.
6. The 0.3 metre reserves shown as Blocks 284, 285, 286, and 287 shall be
conveyed to the Municipality of Clarington free and clear of all
encumbrances, with the final registration of this plan.
7. The 0.3 metre reserves shown as Blocks 281, 282 and 283 shall be
conveyed to the Region of Durham free and clear of all encumbrances,
with the final registration of this plan.
8. The 14 metre x 6 metre site triangles included in Block 289 at the
intersection of Bans Avenue and Liberty Street be conveyed to the Region
of Durham free and clear of all encumbrances, with the final registration of
this plan.
9. The 14 metre x 7metre site triangles included in Block 288 at the
intersection of Lowrie Street and Concession Road 3 be conveyed to the
Municipality of Clarington free and clear of all encumbrances with the final
registration of this plan.
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Block 280, being the 3.0 metre walkway be dedicated to the Municipality
of Clarington free and clear of all encumbrances, with the final registration
of this plan.
11.
The Owner agrees to develop Blocks 262 to 278 (inclusive) in conjunction
with adjacent lands and further agrees to maintain these Blocks until
developed.
12.
Block 279 in Plan of Subdivision 18T-87021 and Block 19 in Plan of
Subdivision 18T-87021 shall be melded and developed as one site plan.
13.
The location of all road allowances must be compatible with the location
of the road allowances in all adjacent draft plans of subdivision.
14.
The Owner agrees to construct a temporary portion of Jennings Place on
Blocks 273 through 277 future lots inclusive. The final design of this
temporary portion must be to the satisfaction of the Director of
Engineering Services. All services located on the temporary portion must
be removed and relocated at the Owners cost prior to the development of
Lots 273 through 277 inclusive.
The Owner agrees to submit a supplementary noise control report to
review and update the abatement measures recommended in the acoustic
report dated September 8th, 1989, prepared by G.M. Sernas and
Associates Limited. The revised noise report must reflect the design/lotting
changes approved in the revised plan dated November, 2004. The Owner
shall implement the noise control measures recommended in the original
and supplementary reports of the Region of Durham and the Municipality
of Clarington. The above-noted recommendations should also include the
following requirements:
i) The Owner agrees to insert the following clause in the
purchase and sale agreement for Lots 258 to 261:
"Purchasers are advised that, due to increasing road traffic, noise
levels may be of concern and occasionally interfere with some
activities of the dwelling occupants."
The Owner agrees to insert in following clause in the purchase and sale
agreement for Lots 47 and 48 and Lot 261 and the future home on Block
268:
"Purchasers are advised that decorative landscape features such as
fencing (wood, stone or metal), signage or plantings provided on
their property at the site triangle delineate the property boundary and
provide a buffer from the intersection. It is the owner's responsibility
to maintain the said decorative landscape feature."
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17. The Owner shall satisfy the temporary circle requirements of the
Municipality of Clarington. Temporary turning circles are required at the
terminus of Bons Avenue, Allison Street, Argent Street and Courtney
Street. All Lots fronting temporary turning circles will remain frozen until
such. time as the road allowances are extended and constructed wKh the
finished urban roadway including Regional services, asphalt paving, curb
and gutter, boulevard sodding, sidewalk, street trees and street lighting for
the entire frontage width abutting the "frozen lots or Block".
18. Prior tei issuance of building permits the Owner shall remove any
temporary tuming circles location immediately adjacent to this subdivision
which are in existence at the time of construction to the satisfaction of the
Municipality of Clarington. The Owner shall reconstruct any "external
connections" to an urban standard, including asphalt paving, curb, gutter,
boulevard sodding, sidewalks, street lighting, street trees in accordance
with the standards and requirements of the Municipality of Clarington.
19. The Owner shall enter into a Development Agreement with the
Municipality of Clarington regarding the reimbursement of front-ending
agreements entered into between the Municipality and:
1. Schickendanz Brothers Limited (Stormwater Management
Works):
2. The Owner of Plan 10M 829 (Stormwater Sewer Ollersizing):
and
3. The Owner of Plan 40M 1852 (Stonmwater Sewer Oversizing).
This Development Agreement will contain appropriate clauses regarding
the timing and amount of the required front-end payments. Payments shall
be determined in accordance with the provisions of the Development
Charges legislation, to the satisfaction of the Municipality of Clarington.
20. The Owner agrees to insert a disclosure in all purchase and sale
agreements advising home buyers of the municipal parking regulations, to
the satisfaction of the Municipality of Clarington.
21. That the Owner shall establish a geodetic benchmark in the vicinity of the
intersection of Liberty Street and Concession Road 3, which will serve as
a vertical control for the neighbourhood. The Owner shall be responsible
for 100% of the cost of establishing this benchmark.
22. The lands within the Plan of Subdivision shall be appropriately zoned in
accordance with the Municipality of Clarington zoning by-law to implement
the proposed development.
. 23. The Owner shall retain a qualified consultant to prepare and submit a
detailed Tree Preservation Plan to the satisfaction of the Municipality of
Clarington.
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24. The Owner shall grant such easements as may be required for utilities,
drainage and servicing purposes to the appropriate authorities.
25. The Owner shall submit ..plans showing the proposed phasing to the
Region and Municipality for review and approval if this subdivision is to be
developed by more than one registration.
26. The Owner shall pay to the Municipality, the development charge in
accordance to the Development Charge By-law, as amended from time to
time, as well as payment of a portion of front end charges pursuant to the
Development Charges Act is any are required to be paid by the Owner.
27. The Owner shall provide and install sidewalks, streetlights, temporary
turning circles, signage etc. as per the Municipality's standards and
criteria.
28. The Owner shall assume all the costs for provIsIon, installation and
location of community mailboxes to service this development, in manner
satisfactory to the Director of Engineering Services.
29. The applicant must enter into a Subdivision Agreement with the
Municipality of Clarington and agree to abide by all temns and conditions
of the Municipality's standard subdivision agreement, including, but not
limited to requirements that follow.
30. The Owner shall provide the Municipality, at the time of execution of the
subdivision agreement, an unconditional and irrevocable Letter of Credit
acceptable to the Municipality's Treasurer, with respect to Performance
Guarantee, Maintenance Guanantee, Occupancy Deposit and other
guarantees or deposit as may be required by the Municipality.
31. The Owner agrees that prior to issuance of building permits, access routes
to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the
Ontario Building Code and, that all watermains and hydrants are fully
serviced and the Owner agrees that during construction, fire access routes
be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code,
storage of combustible waste be maintained as per Subsection 2.4.1.1
and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code.
32. No building permit shall be issued for the construction of any building on
any residential Block on said plan, until the exterior architectural design of
each building and the location of the building on the lot has been approved
by the Municipality of Clarington.
33. The Owner shall be 100% responsible for the cost of any architectural
design guidelines specific to this development, as well as 100% of the
costs for the "Control Architect" to review and approve all proposed
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models and building permits, to the satisfaction of the Director of Planning
Services.
34. No residential units shall be offered for sale to the public on said plan until
such time as the exterior architectural design of each building has been
approved by the Director of Planning Services.
35. The Owner shall pay the appropriate cash-in-Iieu of park lands dedication
in to the Municipality of Clarington in accordance with the Planning Act.
36. The Owner agrees to not place fill, grade, construct any buildings or
structure without prior written approval begin given by the Central Lake
Ontario Conservation Authority.
37. The Owner shall provide for the extension of such sanitary sewer and
water supply facilities which are extemal to, as well as within, the limits of
this plan that are required to service this plan. In addition, the Owner shall
provide for the extension of sanitary sewer and water supply facilities
within the limits of the plan, which are required to service other
developments external to this subdivision. Such sanitary sewers and water
supply facilities are to be designed and constructed according to the
standards and requirements of the Regional Municipality of Durham. All
arrangements are to be made to the satisfaction of the Regional
Municipality of Durham, and are to be completed prior to final approval of
this plan. .
38. Prior to entering into a subdivision agreement, the Regional Municipality of
Durham shall be satisfied that adequate water pollution control plant and
water supply capacities are available to the proposed subdivision.
39. The Owner shall satisfy all requirements financial and otherwise, of the
Regional Municipality of Durham. This shall include, among other matters,
. the execution of a subdivision agreement between the Owner and Region
conceming the provision and installation of sanitary sewers, water supply,
roads and other regional services.
40. That the Owner supply on disk, in a CAD format acceptable to the
Municipality, a copy of the proposed Plan of Subdivision as Draft
Approved and a copy of the Final M Plan.
41. The subdivision agreement between the Owner and the Municipality of
Clarington shall contain, among other matters, the following provisions;
a) The Owner agrees to include provisions whereby all offers to
purchase and sale shall include information that satisfies Subsection
59(4) of the Development Charges Act, 1997.
42. Prior to final approval of this plan for registration, the Director of Planning
Services for the Municipality of Clarington shall be advised in writing by:
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a. The Regional Planning Department, how Conditions 2, 4, 7, 8, 25,37
and 39 have been satisfied
b) Central Lake Ontario Conservation Authority, how Condition 36, has
been satisfied.
NOTES TO DRAFT APPROVAL
1. If final approval is not given to this plan within three years of the draft
approval date, and n6 extensions have been granted, draft approval shall
lapse and the file shall be CLOSED. Extensions may be granted 'provided
valid reason is given and is submitted to the Director of Planning Services
for the Municipality of Clarington well in advance of the lapsing date.
2. As the Owner of the proposed subdivision, it is your responsibility to
satisfy all conditions of draft approval in an expeditious manner. The
conditions of draft approval will be reviewed periodically and may be
amended at any time prior to final approval. The Planning Act provides
that draft approval, may be withdrawn at any time prior to final approval.
3. All plans of subdivision must be registered in the Land Titles system within
the Regional Municipality of Durham.
4. Where agencies' requirements are required to be included in the local
municipal subdivision agreement, a copy of the agreement should be sent
to the agencies in order to facilitate their clearance af conditions for final
approval of this plan. The addresses and telephone numbers of these
agencies are:
a) Central Lake Ontario Conservation Authority, 100 Whiting Avenue,
Oshawa, Ontario L 1 H 3T 3 (905) 579-0411
b) Region of Durham Planning Department, 1615 Dundas Street East,
Forth Floor, Whitby Ontario L 1 N 6A3 (905) 728-7731.
"'. If'\vnIVlt:l'll b
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended of the former Town of Newcastle to
implement zoning amendment application ZBA2004-045;
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NOW THEREFORE BE IT RESOLVED THAT the Council ofthe Corporation ofthe
Municipality of Clarington enacts as follows:
1. Section t2.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE
(Rl) ZONE" is hereby amended by adding thereto the following new Special
Exception 12.4.59 as follows:
"SECTION 12.4.59 URBAN RESIDENTIAL. EXCEPTION (RI-59) ZONE"
Notwithstanding Sections 3.22, t2.2 d)i)ii) and I)i), the iands zoned Rt-59 on
those Schedules to this By-law shall be subject to the following regulations:
a) Yard Requirements (minimum)
i) front yard 3.0 metres to an unenclosed porchlbalcony
4.5 metres to dwelling
6.0 metres to private garage or carport
Ii) exterior side yard 2.0 metres to an unenclosed porchlbalcony
4.0 metres to dwelling
6.0 metres to private garage or carport
iii) sight triangle 6.75 metres
b) Lot Coverage (maximum) 40 percent
Notwithstanding the. above lot coverage proVIsIon, a covered and
unenclosed porchlbalcony having no habitable space above it shall be
permitted subject to the following:
i) in the case of an interior lot, an unenclosed porchlbalcony up to a
maximum area of t 2.0 square metres shall be permitted provided n
. is located in the front yard of the lot and shall not be calculated as
iot coverage;
i1) in the case of a corner lot, an unenclosed porchlbalcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front andlor exterior side yard of the lot and shall not
be calculated as lot coverage.
Height of floor deck of unenclosed porch to
finished grade (maximum)
c)
100m
2. Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto the following new Special
Exceptions 13.4.35, 13.4.36 and 13.4.37 as follows:
"SECTION 13.4.35 URBAN RESIDENTIAL EXCEPTION (R2-35) ZONE"
Notwithstanding Sections 3.22,13.2 b) i). c) i, Ii) and e), the lands zoned R3-35
on those Schedules to this By-law shall be subject to the following regulations:
a)
Lot Frontage (minimum)
i) comer lot 13.8 metres
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b)
Yard Requirements (minimum)
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c)
i) front yard 3.0 metres to an unenclosed porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
ii) exterior side yard 2.0 metres to an unenclosed porch/balcony
4.0 metres to dwelling
6.0 metres to private garage or carport
Hi) sight triangle 6.75 metres
Lot Coverage (maximum) 40 percent
Notwithstanding the above lot coverage provIsion, a covered and
unenclosed porch/balcony having no habitable space above it shall be
permitted subject to the following:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located In the front yard ofthe lot;
ii) in the case of a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
Height of floor deck of unenclosed porch to
finished grade (maximum)
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d)
1.0m
"SECTION 13.4.36 URBAN RESIDENTIAL EXCEPTION (R2-36) ZONE"
Notwithstanding Sections 3.22, 13.2 a), b) i), ii), c) i), ii), Hi) and e), the lands
zoned R3-36 on those Sclhedules to this By-law shall be subject to the following
regulations:
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a) Lot Area (minimum) 270 square metres
b) Lot Frontage (minimum)
i) interior lot 9 metres
ii) comer lot 12 metres
c) Yard Requirements (minimum)
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i)
front yard 3.0 metres to an unenclosed porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
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ii)
exterior side yard 2.0 metres to an unenclosed porch/balcony
4.0 metres to dwelling
6.0 metres to private garage or carport
interior side yard 1.2 metres on one side and 0.6 metres on the
other side of the dwelling unit
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iii)
iv)
sight triangle
6.75 metres
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d)
Lot Coverage (maximum) 45 percent
Notwithstanding the above lot coverage prOVIsion, a covered and
unenclosed porch/balcony having no habitable space above it shall be
permitted subject to the following:
i) in the case of an interior lot. an un"nclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot and shall not be calculated as
lot coverage;
ii) in the case of a comer lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
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located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage.
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e)
Height of floor deck of unenclosed porch to
finished grade (maximum)
1.0m
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"SECTION 13.4.37 URBAN RESIDENTIAL EXCEPTION (R2-37) ZONE"
. Notwithstanding Sections 3.22, 13.2 a, b) i), ii), c) i), ii), iii) and e), the lands
zoned R3-37 on those Schedules to this By-law shall be subject to the following
regulations:
Notwithstanding the above lot coverage provision, a covered and unenclosed
porch/balcony having no habitable space above it shall be permitted subject to
the following:
i) in the case of an interior lot, an unenclosed porchlbalcony up to a
maximum are of 12.0 square metres hall be permitted provided itis
located in the front yard of the lot;
Ii) in the case of a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
Height of floor deck of unenclosed porch to
finished grade (maximum) .
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Lot Area (minimum)
Lot Frontage (minimum)
a)
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b)
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i) interior lot
ii) comer lot
Yard Requirements
c)
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i)
front yard
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Ii)
exterior side yard
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interior side yard
iii)
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iv) sight triangle
Driveway width (maximum)
Lot Coverage (maximum)
d)
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e)
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f)
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BY -LAW read a first time this
BY-LAW read a second time this
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270 square metres
g metres
12 metres
(minimum)
3.0 metres to an unenclosed porch
4.5 metres to a dwelling
6 metres to a private garage or carport
2.0 metres to an unenclosed porch
4 metres to a dwelling
6 metres to a private garage or carport
1.2 metres on one side and 0.6 metres
on the other side of the dwelling unit
6.75 metres
4.6 metres
45 percent
100m
day of
2005
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
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John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
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This is Schedule "A" to By-law 2005;.
passed this day of . 2005 A.D. .
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~ Zoning Change From "(H)R1" To "R1-59"
[!!<;;;;:f<d Zoning Change From "(H)R1" To "R2-35"
~ Zoning Change From "(H)R1' To "R2-36"
EilJ Zoning Change From "(H)R1" To "R2-37"
Potti L. Berrie, - Municipal Clerk
John Mutton. Moyor
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ATTACHMENT 6
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CONCESSION ROAD 3
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LOT 12 I
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~ Block 274
1...................................-1 Lots Proposed to Develop With 3 Metre Setback to a Dwelling
........'........................... 1.2 Metre Setback to an Unenclosed Porch/Balcony
Municipal Sidewalks within Liberty Crossing
1533
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ZBA 2004-045
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
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being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
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WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended of the former Town of Newcastle to
implement zoning amendment application ZBA2004-045;
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NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows: .
1. Section 12.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE ONE
(R1) ZONE- is hereby amended by adding thereto the following new Special
Exception 12.4.59 as follows:
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"SECTION 12.4.59 URBAN RESIDENTIAL EXCEPTION (R1-59) ZONE"
Notwithstanding Sections 3.1i) ili), 3.22,12.2 d)i)ii) and f)i), the lands zoned R1-
59 on those Schedules to this By-law shall be subject to the following regulations:
a) Yard Requirements (minimum)
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i)
front ya rd
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
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ii)
exterior side yard on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
b) 3.0 metres to a dwelling
c) 6.0 metres to garage
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iii)
exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the comer lot is shared
with the side lot line of the immediately adjacent lot:
a) 2.0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6.0 metres to garage
iv)
sight triangle
6.75 metres
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b)
Lot Coverage (maximum)
40 percent
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Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitable space above it shall be
permitted subject to the following:
i)
in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be penmitted provided it
is located in the front yard of the lot and shall not be calculated as
lot coverage;
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ii) in the case of a comer lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot and shall not
be calculated as lot coverage.
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c)
Height of floor deck of unenclosed porch to
finished grade (maximum) 1.0 metre
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1534
ATlAGHMt:N I ;j
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2.
Section 13.4 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE TWO
(R2) ZONE" is hereby amended by adding thereto the following new Special
Exceptions 13.4.35. 13.4.36 and 13.4.37 as follows:
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"SECTION 13.4.35 URBAN RESIDENTIAL EXCEPTION (R2-35) ZONE"
Notwithstanding Sections 3.1 i)lii)3.22, 13.2 b) i), c) i, ii) and e), the lands zoned
R3-35 on those Schedules to this By-law shall be subject to the following
regulations:
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a)
Lot Frontage (minimum)
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i)
corner lot
13.8 metres
b)
Yard Requirements (minimum)
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i)
front yard
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
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ii)
exterior side yard on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
b) 3.0 metres to a dwelling
c) 6.0 metres to garage
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iii)
exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the corner lot is shared
with the side lot line of the immediately adjacent lot:
a) 2.0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6.0 metres to ga rage
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c)
iv) sight triangle
lot Coverage (maximum)
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6.75 metres
40 percent
Notwithstanding the above lot coverage provIsion, a covered and
unenclosed porch/balcony having no habitable space above it shall be
permitted subject to the following:
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i)
in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot;
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ii)
in the case of a comer lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
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d)
Height of floor deck of unenclosed porch to
linished grade (maximum) 1.0 metre
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"SECTION 13.4.36 URBAN RESIDENTIAL EXCEPTION (R2-36) ZONE"
Notwithstanding Sections 3.1 i)iii)3.22, 13.2 a), b) i), ii), c) i), iii, Iii) and e), the
lands zoned R2-36 on those Schedules to this By-law shall be subject to the
following regulations:
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a)
b)
lot Area (minimum)
270 square metres
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lot Frontage (minimum)
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i) interior lot
9 metres
Ii)
corner lot
12 metres
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1535
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c)
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d)
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e)
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Yard Requirements (minimum)
i) front yard
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
ii)
extenor side yard on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
b) 3.0 metres to a dwelling
c) 6.0 metres to garage
iii)
exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the comer lot is shared
with the side lot line of the immediately adjacent lot
a) 2.0 metres to an unenciosed porch/balcony
b) 4.0 metres to a dwelling
c) 6.0 metres to garage
iv) sight triangle
Lot Coverage (maximum)
6.75 metres
45 percent
Notwithstanding the above lot coverage provision, a covered and
unenclosed porch/balcony having no habitabie space above it shall be
permitted subject to the following:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum area of 12.0 square metres shall be permitted provided it
is located in the front yard of the lot and shall not be calculated as
lot coverage;
Ii) in the case of a corner lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yand of the lot and shall not
be calculated as lot coverage.
Height of floor deck of unenclosed porch to
finished grade (maximum) 1.0 metre
"SECTION 13.4.37 URBAN RESIDENTIAL EXCEPTION (R2-37) ZONE"
Notwithstanding Sections 3.1 i)iii), 3.22, 13.2 a. b) i), ii), c) i), ii), iii) and e), the
lands zoned R2-37 on those Schedules to this By-law shall be subject to the
following regulations:
a)
b)
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Lot Area (minimum)
270 square metres
Lot Frontage (minimum)
i) interior lot
9 metres
ii)
corner lot
12 metres
c) Yard Requirements (minimum)
i)
front yard
3.0 metres to an unenclosed porch
4.5 metres to a dwelling
6 metres to a private garage or carport
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ii)
front yard
3.0 metres to an unenclosed
porch/balcony
4.5 metres to dwelling
6.0 metres to private garage or carport
iii)
exterior side yand on street side without a municipal sidewalk:
a) 1.2 metres to an unenclosed porch/balcony
1536
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b) 3.0 metres to a dwelling
c) 6.0 metres to garage
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iv)
exterior side yard on street side with a municipal sidewalk or
exterior side yard where the rear lot line of the comer lot is shared
with the side lot line of the immediately adjacent iot:
a) 2.0 metres to an unenclosed porch/balcony
b) 4.0 metres to a dwelling
c) 6.0 metres to garage
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iv)
sight triangle
6.75 metres
d)
e)
Driveway width (maximum)
Lot Coverage (maximum)
4.6 metres
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45 percent
Notwithstanding the above lot coverage provision, a covered and unenclosed
porch/balcony having no habitable space above it shall be permitted subject to
the following:
i) in the case of an interior lot, an unenclosed porch/balcony up to a
maximum are of 12.0 square metres hall be permitted provided it is
located in the front yard of the lot;
ii) in the case of a comer lot, an unenclosed porch/balcony up to a
maximum area of 20 square metres shall be permitted provided it is
located in the front and/or exterior side yard of the lot.
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f)
Height of floor deck of unenclosed porch to
finished grade (maximum) 1.0 metre
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BY-LAW read a first time this
day of
2005
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BY-LAW read a second time this
day of
2005
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BY -LAW. read a third time and finally passed this
day of
2005
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John Mutton, Mayor
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Patti L. Barrie, Municipal Clerk
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-"" ............-
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This is Schedule "A" to By-law 2005-
passed this day of . 2005 A.D.
,
CONCESSION ROAD 3
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~ Zoning Change From "(H)R1" To "R1-59"
I:;:<<:,::;:;:::;i! Zoning Change From "(H)R1" To "R2-35"
~ Zoning Change From "(H)R1" To "R2-36"
BlIi Zoning Change From "(H)R1" To "R2-37"
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
JnuIlJ
1538
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HAN DOUTS/CIRC LUA TIONS
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MEMO
PLANNING SERVICES
To:
Mayor and Members of Council
From:
David J. Crame, Director of Planning Services
Date:
March 29, 2005
Subject:
REPORT PSD-042-05
APPLICATION FOR THE DEEPENING OF THE BOWMANVILLE QUARRY
Further to the report, I am forwarding to you two pieces of correspondence received on this
application:
. Comments from Central Lake Ontario Conservation
. An email from Rick Rossi, resident of Cove Road and a member of the St Marys
Community Relations Committee
If you have any questions, please do not hesitate to ask.
~lo(
David
"<"'~"',.' .,. 'J:'::.'~.'.
',' . ~.~....
','., t~:Jt~
'>""~~"""""!t<."
cc:
Patti L. Barrie, Municipal Clerk
Franklin Wu, Chief Administrative Officer
i- . """'~-"'<'<''''''''-'_':r_.-._""..~
. ORr~'N:;~ ~'t ~
t" cnPi!1~':r:<:'-:"';""""'~' = ~" i
'-- .. .. ~.~ ~ ..}. .
L.: '
I
I~-~
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---j
--
~ ;:: .' -;-;"''''~'t~"~~4,~,''''\;;'fj~~''
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 TF 1-800-563-1195 F 905-623-0830
Central
Lake Ontario
Conservation
100 Whiting Avenue
Oshawa, Ontario
L1H3T3
Tel: (905) 579-0411
Fax: (905) 579-0994
Web: wwwcloca.com
Email: mail@cloca.com
March 17,2005
Mr. David Crome
Director, Planning Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON LlC 3A6
, i~:,,:W,~GTDN
Dear Mr. Crome:
Subject:
Peer Review for Quarry Deepening
St. Mary's Cement Bowmanville
CLOCA IMS File: PSSG217
Thank you for providing the above-noted report for our review. We have attached our comments
for your review and file. We trust these comments are satisfactory. Please contact the
undersigned if you have any concerns or comments.
Yours truly,
~
R. Perry Sisson, P.Eng.
Director. Environmental Enl!:ineerinl!: Services
RPS/ms
Attach. /
cc: ~thia Strike, Municipality of Clarington
s:\engineer\letters\2005\clarington 1 O.doc
What we do on the land is mirrored in the water @
L"d Central
~ l.ake Ontario
<s Consel'Vation
To
cc
From
Date
File No.
Subject
Materials
Reviewed
Received from
Planning
MEMO FROM
Environmental Engineering
Russ Powell
Gayle Soo Chan
Perry Sisson
March 10, 2005
PSSG217
St. Mary's Cement Bowmanville
Peer Review for Quarry Deepening, Piteau Associates,
November 24, 2004
Received from Clarington Feb 24, 2005
COMMENTS:
The Piteau Assocaites report is a peer review of Golder Associates reports for an
application to allow quarrying to greater depths at the St. Mary's Cement
Bowmanville Plant. The existing pit license allows St. Mary's to pit to 11 m above
sea level (approximately 60 to 70 m below natural grade). The ultimate pit depth
proposed is about 110m below sea level, or 200m below natural grade.
I offer the following comments with respect to the proposal and peer review
report:
1. As an adjacent land owner and as an agency concerned about aquatic
habitats, we are very interested in the closure plan for the pit, and ultimate
land use. The quarry closure plan does not appear to be fully developed,
with options to allow the pit to fill with precipitation and runoff over a very
long time period, or to convey Lake Ontario water into the pit. We agree
with the peer review that closure design should address hydrology and
hydraulic issues, and aquatic habitat conditions and impacts for the pit,
adjacent watercourses, and Lake Ontario. The closure plan should be
provided to CLOCA for information.
2. We agree with the peer review report that an analysis should be provided
to estimate the impact that seepage losses could have on the Westside
Marsh during dro:Jght conditions. We also support the recommendation
that a 15m bench be provided at the bedrock surface to allow for
mitigation of seepage issues as necessary. The partition dykes monitoring
reports should be provided to CLOCA for information.
File: g:\eng\2005planreviewlstmary1.doc
Page 1 of 2
Central Lake Ontario Conservation
MEMO FROM
Environmental Engineering
3. The peer review report recommends that a sump water management plan
be developed to identify the requirements for discharge quality to
Darlington Creek, and that a monitoring program be developed to sample
sump water and water quality in Darlington Creek. We support these
recommendations, and request that CLOCA be circulated the sump water
management plan and water quality monitoring reports.
4. The peer review report recommends monitoring water levels of domestic
wells at Cedar Crest Beach Road and Cove Road. We support these
recommendations, and request that CLOCA be circulated the monitoring
reports.
File: g:lengI2005planreviewlstmary1.doc
Page 2 of 2
Page 1 of2
Crome, David
From: Strike, Cindy
Sent: March 29, 200511 :14 AM
To: Crome, David
Subject: FW: St Mary's Cement Mine Deepening proposal
David,
For your information.
Cindy
-h--Original Message--m
From: Rick Rossi [mailto:rick.rossi@sympatico.ca]
Sent: Sunday, March 06, 200S 8:06 PM
To: Strike, Cindy
Subject: St Mary's Cement Mine Deepening proposal
As discussed I am providing some of my perspectives regarding the mine deepening proposal.
- I find it odd that MNR is limiting Clarington's input to geotechnical and groundwater areas? This would be more
appropriate for MNR's area of expertise. Clarington has important expertise and concerns in other areas such as
socioeconomic and municipal planning impacts.
Reasons why the proposal should not be approved
- Another area of major concern is the impact to the atmospheric environment (dust, noise, stack emissions).
Clarington is regarded by many within and outside the community as having very poor air quality. Regardiess of
the validity a main factor for this belief is the presence of St. Mary's and the constantiy changing colour of "stuff"
coming out of their stack.
- The main selling feature of this proposal is the claim that there won't be much of a diference from current
conditions; it's "just a deeper hole". For today's typical person this may be true. However for future generations
this is a major change and will have a major impact on Clarington. This will mean that Clarington will have to wait
much longer to even have a hope of regaining its waterfront as a valuable resource for its citizens. With
Clarington's rate of growth, it is quickly becoming an urban area. Having a mine or refinery in Clarington would be
no more appropriate tlian having it in the heart of any major urban area such as downtown Oshawa, Pickering or
Toronto. It makes more sense to identify another rurai location further away from highly population areas.
- The deepening will mean that this facility will probably still be operating even after Darlington Nuclear is
decommissioned.
If the proposal is approved.
- If the proposal is approved, the property's value will take a huge leap (hundreds of millions). Commitments must
be negotiated to use some of this windfall to make real and immediate improvements to the longstanding chronic
environmental concerns plaguing Clarington's residents. These would include finally fixing the stack emissions
problem (visible and non visible), eliminating exemptions from Ciarington's noise bylaws, dust regulations and
making improvements in the blasting effects which will only get worse as the working face moves further east.
- As compensation, the Municipality should also pursue other ideas such as obtaining more definite and
favourable post decommissioning commitments so that the site will not be used for other industrial activities that
could cause additional environmental concerns such as a landfill, large commercial port, longer term refinery. This
could be guaranteed by agreeing to transfer ownership to the Municipality once the mine is exhausted and
converting it into a public park. A front-end loaded decommissioning funding plan should be developed to provide
assurance that future generations can properly address environmental concerns.
29/03/2005
Page 2 of2
- Other compensatory measures could entail reducing the areal size of the pit so that enough space is available
along the perimeter to make it usable (post flooding) for such things as a marina or wildlife habitat or other pubiic
space.
- Coal contains many dangerous chemicals and minerals. Burning it for power or heat is coming under increased
scrutiny all over the world. The electricty generating industry has reportedly made huge improvements in
emissions from coal fired generating plants. These should be applied at St Mary's as well. Some of the windfall
should be directed at developing and implementing a cieaner fuel or heat source.
- Lastly the history of the Waverley Road land swap can not be forgotten. Not only did the mine gain huge
efficiencies by having one pit instead of two, they gained the increased volume under and adjacent the road due
to the reduced benching requirements. This value may have been factored in the original deal but certainly not for
a deepened mine. The reduced benching benefit increases dramatically for the deeper mine. The deeper mine
would have been much less economical (if at all) under the two pit scenario when considering benching and an
additional set of spiraliing access ramps as well as the need to transport the rock to the refinery across a pubiic
road.
Thank you & Good luck
29/03/2005
SOUTH EAST CLARINGTON RATEPAYERS ASSOCIATION
Date: 29th. March 2005
PRESENTATION TO:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Mr. Mayor, Members of Council,
I have reviewed the Planning Services Department Report PSD -041-05 and the
Peer Review Report - both relating to the Port Granby project.
My initial reaction is that you are being hustled into decision making - giving
general approval to an unfinished environmental assessment.
The Low Level Radioactive Waste Management Office wants your approval of
the 'preferred option' by March 31st. - only two days away - and yet they still have
to complete a number of activities; not least being the environmental assessment
of the effect of installing a double base liner into their engineered mound.
The Peer Review Report states that the single liner may fail as early as 2150 _
less than 150 years. But they proceed to Claim that a double liner (of the same
material?) will extend the effective lifetime by two hundred or more years. It is not
clear to me why eitheror both liners could not fail after approximately the same
interval of time!
It is written in PSD 041-05 that the double liner will alleviate resident's concerns
about the integrity of the engineered storage structure, but I doubt it. When the
residents understand that the second membrane will have a lifetime similar to
that of the first they are not likely to be reassured.
7'
Then there is the question of cost. It is said to be " only a small increase when
compared to the total cost of the project". But later you read that the installation
of the second liner may require another construction season - which I think
.suggests a cost increase of the order of 25%.
--=-
The construction of the Engineered Mound will require the acquisition of
approximately 50 ha of good agricultural land. Most of which will be damaged for
20 years or so into the future, and some of it (at least 15 ha) will be permanently
damaged and contaminated with chemical and radioactive materials. This land is
currently used as part of the local agricultural production system.
Next there is the ethical question - what right do you have to force another
generation (another Municipal Council) to relocate this waste - whether it is in
150 years or 500 years. It is quite certain that if you opt to move this waste from
PTO
where it is now, it MUST be moved again at some time in the future. When the
engineered mound fails. It can not be abandoned.
uggesting an altemative course of action. Ask the Low Level Radioactive
te Management Office to hire an independent consultant to re-evaluate
oncept 18 and Concept 2, including such new 'alternate means as can be
~ imagined. Concept 18 relates to the original proposal to leave the waste where it
. ( )' is (make full use of the natural impermeability ofthe 'middle tin') Stop ground
gJ( 1'1'), water flow through the site from north to south, protect the lakeshore side of the
p~ site from erosion, and provide an impermeable cap to keep rainwater out.
/ Keeping the site dry will fix the chemical and radioactive wastes in place. It will
also very quickly reduce the flow of ground water from the site to the lake to near
zero
(J",t
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Concept 2 involves moving the waste as currently proposed - you can be sure
that it will be a dirty, messy job! (And who will volunteer to move the cylinder of
chlorine gas that is reputed to be buried on the site?). .
80th of these proposals should be subjected to a rigorous re~evaluation by an
independent 3rd. Party, incorporating such new 'alternative means' as can be
imagined (e.g. drainage tunnels with vertical coupling to the upper surface of the
middle till for Concept 18, and a lead geomembrane for Concept 2)
The merit of this approach is that you will have reconsidered your options. You
will be assured that you have done everything in your power to ensure that you
have made the correct decision. The delay related to this reconsideration is
inconsequential when compared to the time duration and cost of an incorrect
choice at this moment of time.
John Stephenson. Hon Sec. SECRA
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Why We Are Here
. On September 27, 2004, Council concurred to
proceed to next stage of EA
. Legal Agreement requires written consent to
preferred option before submission to federal
decision makers
. Peer Review Team has completed review of
Environmental Assessment studies
. Report to Council on conclusions
. Discussions continue with the LLRWMO
Description of the Project
. To manage approximately 550,000 m3 of
waste from existing Port Granby WMF at new
facility north of Lakeshore Road
. New Long Term Waste Management Facility
(L TWMF) would consist of engineered
storage mound with cover and liner system
. L TWMF would occupy approximately 10 ha,
and be approximately 8 m in height
2
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What is the Environmental
Assessment Study Report (EASR)?
. EASR is synthesis of all studies completed in
Environmental Assessment
. Describes all elements of project
. Discusses existing (baseline) conditions
. Predicts impacts from new L TWMF
. Identifies measures to minimize impacts
Conclusions of the MPRT
. MPRT generally pleased with EASR
. EASR provides sufficient support for preferred option
. MPRT recommends changing project description to
include:
- Second liner system
- Grade separation at Lakeshore Road
- Upgrade of primary access route
. We concur with LLRWMO's decision to study effects
of changes to project description
6
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Atmospheric Environment
. Studies were very thorough
. Addressed all aspects of operations and
relevant contaminants
. Would like operational procedures developed
to reduce air emissions to ALARA
Geology I Groundwater Environment
. Studies adequately characterize geologic
conditions at proposed site
. Would like LLRWMO to:
- Confirm extent of impacted soil and groundwater
at existing WMF
- Determine length of time required to treat
impacted groundwater
- Clarify impact of L lWMF on groundwater flow
8
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Human Health
. Studies well done
. Agree that preferred option can be
implemented safely
. MPRT and LLRWMO will continue to discuss
mitigation measures to further reduce effects
Socio-economic Environment
. Studies are well done
. MPRT expects to see a standard growth rate
applied for estimating future traffic conditions
. Recommend grade separation at Lakeshore
Road for trucking waste between the sites
. Adjustments to Property Value Protection to
strengthen support for local residents
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,'>,>,-/ ~. \ b-\lur,J:~l
Meeting: General Purpose and Administration Committee
Date: Tuesday, March 29,2005
Report #: PSD-041-05 File #: PLN 33.4.6
Subject: COMMENTS FROM SECRA AND THE PORT GRANBY
COMMUNITY
1) SECRA recognizes and appreciates the work of Clarington
councilors Trim and Robinson, the hard work of Janice
Szwarz and Faye Langmaid of Clarington staff and the
efforts of Dave Hardy and his peer review team.
2) SECRA requests that the Municipality of Clarington
recognize the personal time, money and hard work by our
members in reviewing the numerous reports, attending
meetings, preparing presentations, etc.
3) SECRA wishes to restate our formal position as outlined in
our formal submission to this Council on September 21,2004
that is, "the people support the On-Site solution for storage of
the radioactive waste at Port Granby"
4) We request that our council 'receive' Report PSD-041-05
but not go any further in the approval process until all
outstanding concerns and questions are answered to the
satisfaction of the staff, the peer review team and SECRA.
In fact, page 43 of Dave Hardy's report Item 6.3 is titled
Recommendation to Council. In it he states that "Council
should ensure that the Municipality continue to have an
oversite role to ensure that the additional work by the MPRT
is addressed."
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5) At a meeting held on September 28,2004 our Council passed the
following resolution:
[Point 4] "That the LLRWMO continue to
consult with the Municipality of Clarington and affected residents
regarding the mitigation of impacts from the construction and
operation of the new waste management facility;and. . ..." . SECRA
respectfully requests the immediate implementation of a
COMMUNITY MONITORING COMMITTEE made up of two
members of SECRA, two members of the LLR WMO and two
members from Clarington. A recent telephone call to Sue Stickley
of the LLRWO found that she and her office were very supportive
of an early start to these meetings.
6) As well as the obvious need of satisfactory answers to the 153
outstanding "Comments" Dave Hardy has made regarding the
EASR, we request that our Council insist on a "written and specific
contingency plan" in the event of a major failure during
construction and operation of the proposed site. There is nothing in
the EASR that addresses an action plan in the event of a
catastrophic failure of a system (e.g. rupture of underlying
membranes).
7) We request that Council insist on more detail in the EASR as to
the design of a sensing system to be placed to monitor leachates
beneath and around the new site.
8) SECRA formally requests the establishment of an
INDEPENDENT PANEL to review and monitor all phases of
development and construction of this multi million dollar project.
Concerns we all share include, sub standard quality in the
manufacturing of critical components, financial abuses, shoddy
workmanship in welding etc.
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Meeting: General Purpose and Administration Committee
Date: Tuesday, March 29,2005
Report #: PSD-04I-05 File # PLN 33.4.6
Subject: REQUEST FOR COMPENSTAION
In a report issued by the Municipality of Clarington Planning Services on
September 21,2004 (Report # PSD-116-04) regarding the recommendation to
move the waste across the road, our planning department reported to council
that "It is recognized that the local community will bear the greatest impact
from the implementation of the project;". We the residents of Port Granby best
understand the grave meaning of these words.
In a report issued last September by Hardy Stevenson, Item 5.1.7. . ... "The peer
review team acknowledges residents' concerns about the potential effects of the
construction and operation of the waste management facility on the property
values. enioyment of property and agriculture production"
In a January 2005 report by Mr. Tom Woldarcyzk of Gartner-Lee on behalf of
Golder Associates, presented under the heading Socio-economic environment
he identifies several serious "residual adverse affects" to our community. When
read and considered carefully these effects should give our community cause
for grave concern. Mr. Woldarcyzk is telling us throughout the Table E-l of his
report that we residents have a number of serious issues to be dealt with. Read
on to the bottom of that same page and see: [the residents will suffer from]
"increased stress and adverse effects to health and general well-being...". In
another presentation to our community in the fall of 2004 Mr. Woldarcyzk
alluded to instances where communities in situations similar to our own had
been compensated on a per household basis.
As we all know, too well, the past few years of our lives have been filled with
anxiety and fear regarding the future of our community. Stress levels have risen
as evident to all those hosting the numerous roundtables, open houses,
meetings, seminars, etc. The number of hours of personal time required of us in
preparation, reviewing reports, attending meetings, submitting feed back, etc.
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.
runs into hundreds of hours ,and for some thousands of hours of their own time.
The process is ongoing and we still have two years before a shovel goes into
the ground. All of this because a number of years ago the management of a
company in a town nine miles away decided, with reckless disregard for the
consequences, to dump their radioactive waste in our backyard.
Finally, one has to consider here that as a result of this egregious error in
judgment some have benefited. Without malice or prejudice I wish to point out
that several LL WO employees, ex-Cameco staff, numerous consultants, and
many others have acquired gainful and long-term employment as a result of our
misfortune. It is sadly ironic that a recent meeting at Newtonville town hall
with about fourty people in attendance, approximately twenty of 'them' were
paid to be there and twenty of 'us' were, as they say, on our own dime. Surely it
is time for justice for our small and vulnerable community.
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SOUTH EAST CLARINGTON RATEPAYERS ASSOCIATION
Date: 29th. March 2005
PRESENTATION TO:
GENERAL PURPOSE ANDADNlINISTRATION COMMITTEE
Mr. Mayor, Members of Council,
I have reviewed the Planning Services Department Report PSD -041-05 and the
Peer Review Report - both relating to the Port Granby project.
My initial reaction is that you are being hustled into decision making - giving
general approval to an unfinished environmental assessment.
The Low Level Radioactive Waste Management Office wants your approval of
the 'preferred option' by March 31 st. - only two days away - and yet they still have
to complete a number of activities; not least being the environmental assessment
of the effect of installing a double base liner into their engineered mound.
The Peer Review Report states that the single liner may.fail as early as 2150-
less than 150 years. But they proceed to claim that a double liner (of the same
material?) will extend the effective lifetime by two hundred or more years. It is not
clear to me why either or both liners could not fail after approximately the same
interval of time! .
It is written in PSD 041-05 that the double liner will alleviate resident's COncems
about the integrity of the engineered storage structure, but I doubt it. When the
residents understand that the second membrane will have a lifetime similar to
that of the first they are not likely to be reassured.
Then there is the question of cost. It is said to be . only a small increase when
compared to the total cost of the project". But later you read that the installation
of the second liner may require another construction season - which I think
suggests a cost increase of the order of 25%.
The construction of the Engineered Mound will require the acquisition of
approximately 50 ha of good agricultural land. Most of which will be damaged for
20 years or so into the future, and some of it (at least 15 ha) will be permanently
damaged and contaminated with chemical and radioactive materials. This land is
currently used as part of the local agricultural production system.
Next there is the ethical question - what right do you have to force another
generation (another Municipal Council) to relocate this waste - whether it is in
150 years or 500 years. It is quite certain that if you opt to move this waste from
PTO
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Dear Mayor Mutton and Councilors;
"......, L C
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I have been a resident of the Port Granby area even before Eldorado Nuclear began
dumping low level nuclear and chemical wastes along the bluffs of Lake Ontario,
south of Lakeshore Road.
I was involved in the 1970's when Eldorado pr::sented its proposal to construct a
nuclear refinery and a low level nuclear waste site on the very lands that are
presently undergoing yet another environmental assessment. The information in the
current EA is crucial in determining the acceptance of the present proposed project
which will allow the movement of approximately 500,000 cubic metres of nuclear
and chemical waste to a location 300 metres north of Lakeshore Road. In the 70's
the Environmental Study consisted of an independent Panel format and in 1978 this
Panel deemed that this present site on the North side of Lakeshore Road was not
suitable for a nuclear refinery and furthermore concluded that this same site should
not be used solely for a waste storage site without the refmery.
Here 1 stand 27 years later with yet another environmental assessment that is
dealing with these same lands and same wastes. But this time we are not
undergoing an assessment as in depth and extensive as we did in the 70's. The peer.
Review Team's comments have raised many concerns, most of which have been
unanswered. A more complete and comprehensive EA such as an Independent
Panel Review would alleviate many worries.
In the present Draft EA I found it offensive that the adverse socio-economic results
of the project were deemed to be minor and insignificant. The socio-economic
aspect involves people and people are the most important component of a
community. When the Municipality received 10 Million dollars it became a Host.
The people of Port Granby did not want ever to be Hosts for the waste. It is the
people of Port Granby who suffer and will suffer with the stigma of having a
mound of Low level Waste in their area. It is not other communities such as
Kendal, Hampton or Courtice that()l\1Jharmed. Therefore it is only fitting that Port
Granby receive some of that 10 Million dollars in compensation and benefits such
as improved roads, services and other direct amenities. This should be included in
the EA report as mitigation options.
In the 70's when these same lands were involvedmv biggest concern was the
possible future expansion of the waste facility to include wastes from other projects
and industries. The 1978 decision of opposing the construction of any dump on the
lands north of Lakeshore Road eased my fears. Yet here I am many years later
feeling betrayed. I am again worrying that the agricultural soils of Port Granby are
under the threat of being abused for an expanded waste facility that might offer
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. _",-.I
space for other industrial nuclear waste in return for a hefty fmancial gain for the
municipality.
Mayor Mutton and Councillors: this south eastern portion of your municipality is a
most beautiful area-----farm lands bordered by Lake Ontario amidst a peaceful rural
community. Do not betray us. If this project must be approved lets make certain of
two things. Firstly that this project has received a full and complete investigation --
- one in which all concerns of the residents and of the Peer Review Team have been
satisfied. We request a higher level of an EA study such as an Full Independent
Panel Review.
Secondly that only the existing waste ever becomes the new waste facility. It is
your duty to protect the lands of this Municipality. This means that there is absolute
assurance legally and morally that the lands of Port Granby will never fall prey to
further expansion. This statement for prevention of any growth of the waste facility
should be incorporated into the Environmental Assessment Report as part of the
Socio-Economic concerns. The Municipality and Federal Government should
ensure this in iron clad legal documents so that in another 27 years, if! live that
long, I will not be standing here once again fighting against the expansion of a
waste facility at Port Granby. Let's protect the beautiful properties of our
Municipality!
&J
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Letter of Concern from David Fraser
I have been a resident at 4570 Lakeshore Road sin~8.During the
1980s, many of the people here went continually to numerous meetings to
NOT have the dump located here. Hours and hours of MY own personal
time were spent at these gatherings, BUT we know that the EXPERTS
assured us that ALL Would be Safe and well and that NO MORE WASTE
wold be dumped. A FAIL SAFE SYSTEM (pumping water back to an open
pond above the waste) would suffice. ALSO THEDUMP WOULD BE
PERMENTL Y CLOSED. The fail-safe system FAILED on several
e
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offended that the site did NOT perform the way the EXPERTS promised it
would. To move ahead to the year 2000?, $10 Million dollars was deposited
into the Clarington coffers. Now the EXPERTS WANT TO MOVE THE
WASTE! Take the waste to a location away from one of the LARGESTS
FRESH WATER LAKES IN THE WORLD to a safer and less inhabatated
location. Sorry to see that we would lose the 10 Million, but the MONEY is
really what this is about! Clarington gets the cash, I get the garbage. What's
in it for me? Back in the 80s, Blind River wanted the waste. Let it go to
someone else and give them the Ten Million! No I don't think it's gonna
happen! Once bitten, twice shy. This, in my opinion, is just about GREED!
No one will convince me otherwise, so put in the extra liner, and share the
loot (money) with the PEOPLE who WILL have there lifestyle FOREVER
changed, as I have NO FAITH in your reports! Point in fact, this 600+ page
report claims that ONLY 39 PEOPLE WILL BE AFFECTED. I INSIST that
the paper be amended to reflect the TRUE number of people affected! 39
HOUSEHOLDS or DELLINGS is NOT 39 PEOPLE, within I kilometer of
my house I guesstamate 20 homes with 51 people! I have no idea how many
bikers, joggers, motor parades, and other events that take place on
Lakeshore Rd. that will be affected! I can assure that it will HUNDREDS!
1 Six vears is a long time -HOW MUCH EXTRA TO HAVE A SECOUND
LINER?
2 what is the proiected TOTAL cost?- How dose this reflect IN
PERCENT AGE for the extra cost for a second liner?
3 vou want MY CONFIDENCE- Put in the second liner! Redundant or not!
4 compensate others and myself -you want to put garbage in my backyard-
GIVE ME SOME MONEY LIKE YOU GET!!
5 20 years from now-I am sure the township will be offered or given
MORE MONEY! And the project will start again like it is now, more
meetings, and new EXPERTS will assure myself and others that this time it
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will be safe for ANOTHER PROJECT to fix the current one before us! I am
only going on my past experience with our township.
This is all about money
David Jack Earl Fraser
\
4570 Lakeshore Road
Newcastle, Ontario
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