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HomeMy WebLinkAbout03/29/2005 '-' 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 '-' (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 '-' G.P. & A. Agenda - 3- March 29, 2005 '-' 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 '-' No Reports 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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- I I I I I I I I I I I I I I I I I I I 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 - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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_ I I CIMmgron I I I I I I I I I I I I I I 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 1 . ~.... .- ~~--( ~\; o~ ~QS '!;)~ ~ '\l-~ (j~ ~~~. . ~~,/ ~~. . ~.,.. - ----...~..... ..- ~ --- ..... , _..~.... ," .,.,:,.., 'J' "'.. y'')c .--- ..- ..., . '-v'--( . '"' ......... Valley Lands to be Conveyed to the Municipality of Clarington ==:J Bowrnanville Key Map 'J ~g == ~~ I I ZBA 200S-005 . Zoning By-law Amendment Iii w 0:: l- ll) J Owner: Wilmore Limited Applicant: 16138338 Ontario Inc. 502. I I I I I I I I I I '. I I I I I I I J tl!!mgron 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 r~f!' ~~, / ./.(. I ' , I' ,'/ r'{~ ,f1";.' /' i/ ;' Ciavid Creme, M.C,IoP., '.P.P. Director of Planning Services I Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 I 503 :.;i::~ .; ~'. ">I" . ~:iS:~' ; 11:. .' . . .~_ ::i': . ~ :i_ . . ~ I I I I I I I I I I I I I I I I I I I ~ I- il W .~ ~ ~ t; I z <( ~ ~ ."''' ~ ~ I~ --, ..,... .."C/W """""'..... ~.. 3.00 2.7$ 2.7!5 75 g .. I . B I .... +EX L Orono Key Map In ZBA 2004-052. Zoning By-iaw Amendment t; w '" ~ III COPA 2004-006 Clarington Official Plan Amendment z .. ~ '). Owner: Race Mechanical Systems Inc. 504 I I I I I il I I I I I I I I I I I I I Cl~-!nglOn 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. ~ . " Submitted by: ,<< 1 ." ~ If ~ Pfivid J. ifome, M.C.I/'., R.P.P. jdirector of Planning 'Services "- 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". 602 I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 604 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 605 -.rl~. #" so't\ 1t)() ~() ~ ~ G~~ ~~~ "'~ .. ~". Valley Lands to be Conveyed to the Municipality of C1arington :::=J - i I I ZBA 2005-005 Zoning By-law Amendment ATTACHMENT 1 ~ I w W II:: ~ Ul c.:l o c.:l ;:) (,) Ul J Owner: Wilmore Limited Applicant: 16138338 Ontario Inc. 606 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 610 I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I 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 612 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 613 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 614 I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I- il I w 0 z W . . . 0::: 0 u I- " . I (f) " 0 . Z <( I ~ I I I I ..J I I I I ATIACHMENT 1 ~ ~ ~ Sl: . "iliO!\; ~ Sit? 'f:('i ~ . ~ <.. '.':~<.'.' . ::~ '~'.' .. .~. ~ ~l ~ \W;f~. ~l I . .. ~ Z ",_If ~ ~. .s ~< ~~ PROPOSEIIASPttALT PAfllQHG~C/W 0 0 """""'''"'' ~ -~ ~""'" ~OO 27> 27. 7' ~ . ,. l'1_W5O"E ~~ ~ ------ . JIJ "." .... 'i . . ~ . +EX L Orono Key Map ZBA 2004-052 Zoning By-law Amendment COPA 2004-006 Clarington Official Plan Amendment Owner: Race Mechanical Systems Inc. II II ') 615 PURPOSE: BASIS: ACTUAL AMENDMENT: i 0' \__.! 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 I I I I I I I I I I I I I I I I I I I I I I I 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; I I I I I I I I I I I I I I 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 I I I I I 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 I I I I I I I I I I I I I I 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 I I I I I 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 I I I I I I I I I I I I I I 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. , ~ w w 0:: Iii z C( ~ "- , . ! V/7Vi Zoning Change From "C6" To "(H)R1-60" Joh n Mutton, Mayor Patti L. Barrie, Municipal Clerk ?RiNCf:'"S$/ 5;REE':" Sr"'il: la/v ~ i:: f': " '" " i;:; ) ( I \~~ ~) Orono ii, \1 I.,. ;:;cw~'" sTREET I I I I I I I I. I I I I I I , , I I I I 620, I I I I I I I I I I I I I I I I I I I 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 622 I I' I I I I I I I I I I I I I I I I I I I I : I I I I I I I I I I I I I I I I 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 .623 ~~ .. ~~. 1(1(105&. 00) SOOTN "::. :.:.:.>. / .'~' 1- ":"', ':~' $",.,,':-,>. . .:-~'" / .', -a.o1>~ '- .-b~l. <" . ~~ '=8 !.~ . BLOCK E o <( o a:: >- w ...I a:: W ~ a c) =~ "N :er-.: ,Q !~ .. .. r P L /\ N SOUTNlrtSTCOR><fI BLOCK L II.P. 702 '... -... 1811(011' ..... 46.615 (lot) (46.6J5 Pl) 17.155 16.8J~ 39.265 (SET PI) N 71' 59' 00" E """"""~ QUINN DRIVE ..624 ATTACHMENT 1 o I~' ~ I>...~:~:.:.> ..; 'f,. .~~ )'.>~ts"~;' 4- .... ,. ":'':'> ...~' $18(10511 )'q, O,IJ.SO\11M ''':''>0 ~. "'r ~ .~ ~~ /. . '. 11.00 ~_. ~ '" Ii! Cl ,,; . N ,,' '8 PARCEL 1 ',. . <; 2193.9 SQ.m. 8 .f .:: PARCEL 2 " ... .., 1546.9 sq.m. 'u z 0 f? R E G S T E R E D z P L A N ":'..:.> ;~. ,j' / .'.' "::'~>. / u :; 0: I"'; ,', " ':~. t:l 5<<100" ....... J R_$O.60 ~ -6.210 {t,l} .-.............. C...&.206 N7S'09'J7-[ ~l~\~(p'l M1'S'28'29*E ZBA 2005-004 Lands Affected By Part Lot Control Owner: George I. Lysyk I I I I I I I I I I I I I I I I I I I ATTACHMENT 2 I I I I I 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; I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I (J. fi L~~ 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 - _ 631 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 632 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 ,- 633 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; 634 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. - 6Ja REPORT NO.: PSD-041-05 PAGE 6 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. -- · (; 3 5 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-041-05 PAGE 7 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 " 637 REPORT NO.: PSO-041-05 I I I I I I I I I I I I I I I I I I I 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 638 I I I I I I I I I I I I I I I I I I I 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. ~ _640 I I i I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. - 642 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11111/1 Sr.LAWR~ . I <::NeE , ~~ HUDSON RAILWAY I II III I ' " " . ., , , , ' ''''1IONF\L RAILWAY CF\NF\OIF\N N 0 0 <C <C Proposed 0 0 a: Waste a: I- Management en ...J b Facility 0 :i I ...J S2 W Z Fencing During Construction oPJ Existing Waste Management Facility Lake Ontario J Existing and Proposed Waste Management Facilities -fi4:l ~ \ HIGHWA Y401 [7-: NEWTONVILLE RD. EXIT 448 CONCESSION ROAD 1 0 0 I <( <( 0 0 0 ~ 0::: 0::: HUDSON 0 ~Q C5 0::: NA iIOl'lAL CAN IAN en ...J I- LTWMF 0 0::: I- :::c W W 0 MOUND () ...J I- :J z ...J en ...J . > <3 w . . . Z . 0 Z . <( . ~ . ...J . W Z EXISTING SITE LAKE.SHORE. ROA.D LAkE ONTARIO Transportation Access Routes Primary Haul Route - - - Oversized Load Haul Route ....... ... Inter-Site Route - ~... ~ .J I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I Executive Summary I I I I 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). " -646 I I I I I I I I I I I I I I 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 I I 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. I I 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. I I I I The MPRT's Conclusion I 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. I I I 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. I I The MPRT's Recommended Changes to the Description of the Project I I 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. I Peer Review of the Port Granby Project Environmental Assessment Study Report Hardy Stevenson ancj Associates Limited March 2005 -647 jj I I I 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. I I I 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. I I 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. I I I I 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. I I I I I I I Peer Review of the Port Granby Project Environmental Assessment Study Report Hardy Stevenson and Associates Umited March 2005 iii I -648 I I I I I I I I I I I I I I I I I I I I 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 -650 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 -652 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 654 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 - 655 I I I Ii I I I I I I I I I I I I I I I I j,... Isr~ I I I I I I I I I I I I I I I I I ATTACHME~ 3 ST MARYS CEMENT INC. .... '.c h""~.'"'- ., ','CO" gi~'.'Iill .. "'f! .., I "c- ~ ! \ \ ',' .,!; ! ~ '" 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. 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I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 6G8 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I DURHAM HIGHWAY 2 o > -l CD Z o I- (9 Z -l ~ <( o ~ '0" WIOENIN " " '" " 00 ~~ " Courtice Key Map !I300 " " ~ o J ZBA 2004-008 and 2002-010 SPA 2002-009 Zoning By-law and Site Plan Amendments Owner: Imperial Oil Limited 674 I I THE CORPORATION OFTHE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005-_ I being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington I I 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; I I NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation at-the Municipality of Clarington enacts as follows: I 1. Schedule "4" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: I "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" I as shown on the atteched Schedule "A" hereto. I 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. I I day of 2005 By-Law read a first time this I I By-Law read a second time this day of 2005 By-Law read a third time and finally passed this day of 2005 I I John Mutton, Mayor I Patti L. Barrie, Municipal Clerk 675 I ATTACHMENT 2 This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. , I I I I I I I I I I I I I I I I I I 67' DURHAM HIGHWAY 2 Q cz: ~ ..J ~ o III Z ~ Cl z ::::i ~ Q ---- - J .................... ................................................ ................................................. ................................................ ................................................. ................................................. ................................................. ................................................. ................................................... ................................................. ..................................................................................... ...................................................................................... ..................................................................................... ................................................................................................ ........................................................................................ ............................................................................................................. ............................................................................................. ......................................................................................................... ...................................................................................... ............................................................................................................ ......................................................................................... ~ ~.............~~ .............. ................ ................. .............. 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 I I II i!; ~ J Q ~ ~ '" ,. e II u ~ " Q Courtice I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. . 680 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 681 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 682 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 683 }=~ 0", " '2'3; 0' -' z~ J I I I I I I I I I I I I I I I I I I I ATTACHMENT 1 KING AVENUE WEST I- W W 0:: I- en z ~ o ...J <I: CD o~ N7TOS'20"[ E>aSr. ...... . - " ~ . " ~ g ~~ """~ -- .- - ~ __A =--- ......F'Ul.EIiY; ~" }=; !i'" ~~ 0- -- Z~ IiJ ~o Newcastle Key Map ;i en ~ cD -^~'"~~~ WEST lli EMILY ST. E. Ii; .... a: Ul w ::f ~ 5i1 w '" ZBA 2004-043 Zoning By-law Amendment SPA 2004-032 Site Plan Application Owner: Peter Sainovski 684 ATTACHMENT 2 I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- I being a By-Law to amend By-Law 84-63, the Comprehensive Zoning By-law for the Corporation. of the Municipality of Clarington I I 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; I I NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: I 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by introducing a new Subsection 16.5.40 as follows: I "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: I 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. I I I I 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. I I 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. I I I . - 685 iii) Iv) Loading Space Size (minimum) Sight Triangle Size (minimum) 4.0 metres by 7.5 metres 6.0 metres by 6.0 metres" I I I I I 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 I I I I I I I I I I I I I I 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 - 68 () I This is Schedule "A" to By-law 2005- , I passed this day of , 2005 A.D. KING AVENUE WEST I li:'...~ J I r I L I ~ Zoning Change From "C1.33" To "(H)C1-40" - - I I- Zoning Change From w w "R2" To "(H)C1-40" iii: I I- Ul Z ~ c I .... <( III I I ,_ I John Mutton, Mayor Patti L. Borrie. Municipal Clerk I J I' LLDllW llll I \ \ KING AVENUE WEST KING AVENUE EAST J I t; t; t; w w w ~ ~ '" Ii; I EMILY STREET WEST EMILY ST. EAST z :I: :::I '" I ;;: <..> ~ 0 '" '" -' " << :I: .. .. <..> I CAROUNE STREET WEST CAROLINE ST. EAST , 687 - , , I I I I I Newcastle I I I I I I I I I I I I I I I I I I I 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 688 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 689 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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; - - 6 SO 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. - 691 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 692 . 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. - 693 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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~- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I 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 li~~on2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 '::QQfl1? I I I I I I I I I I I I I I I I I I I South and east facades West and south facades East and north facades I I Lot 32 Lot 31 Lot 30 Lot 29 -1J '" I 6 ~ I g lL 0 :;; I ~ ~ ::l ~ ~ :2 ~ ~ ~ m ~ ~ ~ ~ ~ ~ v ~ ~ I 6840 6839 6800 I 5758 I 6683 I 5622 I 6582 6545 6534 6513 CO I 6492 s:: . 0 .- I t/) ~ t/) 6400 ~ CP . u I s:: 6358 0 634 6J25 (J 6318 I 6272 I 6228 S166 6171 I 6160 6144 I I ~ 0 N V ~ 0 ~ ~ " 0 :;; ~ ~ ~ ~ ~ ~ 60C , II ~ I ~ I ~ ~h I ;; II ~ m I ~ ~ :;; ~ , r Subject Site - H121 I 6585 Regional Road 34, Darlington I 699013 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I II : t I ~ Lot 8 ~ ~ ~ cb ~ v ~ N 44,3B 4414 4 0 4120 EUNE) 4100 (PIPEUNE) ~com ~ <D ,..,CD ~ . ('>,I ~ Lot 7 Lot 6 00 ItfuJ l """ 4601 N '" '" v ~ ~ 4537 v ~ ~ v "53 o ~ v V N o V '" '" '" '" N N N , I..., ~ ~ '" N ~ ~ ~ o '" ~ Subject Site - H112 4675 Bethesda Road, Darlington 69901:> LotS JL ; ~ N '" '" ~ N ~ c o .- In In CI) U C o o ~ ~ N '" '" ~ N I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I :~ I I 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 I 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 I I I I I I I I I I I I I I I I I I I 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 I I I 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 $356 200 VOLUNTEER STANQIW RESPONSES 14 0 0 3 0 17 0 0 0 0 0 0 I . 2005 MONTHLY CALL VQLUMEBY STATION Jen. Feb. Mar. AsJr. Mev. Jun. JUl. Aua. SeD. Oct. Nov. Dec. I STATION 1 153 118 0 0 0 0 0 0 0 0 0 0 271 STATION 2 38 38 0 0 0 0 0 0 0 0 0 0 74 STATION 3 28 23 0 0 0 0 0 0 0 0 0 0 51 I STATION 4 95 .. 0 0 0 0 0 0 0 0 0 0 164 STATION 5 16 8 0 0 0 .0 0 0 0 0 0 0 24 . 584 I TOTALS 133012541 0 I 0 1 0 I 0 1 0 I 0 I 0 I 0 1 0 I 0 584 2004 MONTHLY CALL VOWME BY STATION ~TATION 1 Jan. Feb. Mer. AsJr. Mav. Jun. . Jul. Aua. SeD. Oct. Nov. Dec. 114 111 103 105 98 131 1. 105 101 111 117 151 1352 STATION 2 35 29 27 32 24 20 40 31 . 34 31 ,. 40 362 ~ATION 3 18 17 12 . 13 14 9 10 25 13 11 18 29 189 TATION4 74 57 70 69 57 81 73 73 65 81 88 76 824 STATIONS 7 4 7 9 9 11 19 ,. 11 10 5 18 126 ~ . . . 2853 OTALS ~ ~...I 248 1 218 I 219 I 228 I 202 I -L.!ttl 250 I 224 I ~ I 227 J 314 2653 JUU .. ~... I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT .;CORPORATE SERVICES.DEPARTMENT . ," - .... . . u" Meeting: GENERAL PURPOSEANt)AQMtNI$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 1- 1:-' .. 'C_': I I I I I I I I, I I I I I I I', <;' .:" I I <; I I I I I I I I I I I I I I I I I I I 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. .. i'-' .. -"':','.. .:....,....".--., 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- ,~ "'".......... .. .. ... 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. -.:.-.....,-...,.... ,"".." .,,_<,"_::..~,' "',\'" ii>?"'-' ''?~?~:?:;-':' ' ,'::-: -'..,,<. ".:.>-:.:.._,-""-,,,:-,- .. .. " ._.,'. ,'," .-<: .,- ,,:.: ::,","_'-~\At:~q;j_:i::'_::::';^_/__,_ ..':,': CORPORATION ~ 1'HE MUNlCtiIW.Jn!. CL;ARING1'ON 40 TEMPERANCE STREET, aa"IMA1fVILLE.~,iCWT~2Wlet.. 1 q.-U.4. .".'0__. . " "-G-..','_ ,-,-,;,-- , , I I' ,'~ I I I I I I I. .. I I I I I I,' .I'~ ,0:-/, ".,.. I :~' I I I I I I I I I I I I I I I I I I I . 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. 1206 I I I I I I I I I I I I I I I I I I I.. I I I I I I I I ...1 I I ,I I I I I I I I REPORTHO.:COD-s&.Q2 PAGE .3 ," . ,",-, .:'., -.- ..... . .. 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 11t7 I I.' I I I I I I I I I I I I I I i:. .j~':; , - ~ ....., I I I < .>::'S I I I I I I I I I I I I I I I I I I I 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. 1502 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 1504 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 1506 I I I I I I I I I I I I I I I I I I I 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. . 1508 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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: . 1510 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 1512 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 1514 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 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Z E=~!;; cJ - Ui.' H ~ .!H . m! l~l~ n Sf ~~ ~ a ~ Q. g:::E -' . _ - fa JI JIJIII'I' !J !H Un!!! ! ... I- ~ , .. ....... -t i ~ p;:. "!i i !ld--; II I! j!l!! ::: ;il, ! i' iiim I' II ,Iml . . z o iii. >~ .... w 0 ('10 a:~ w:i!:zt- zt~Cl) - > I e.... t::~1- 130:~Cl) ~Wo fa: e\$..... ~ I I 1520 f uo " _ !!~idi '~1~ .!.!" ., II'" -. I ;~ I ~ ~ en "i'I' i,.1 II en ~I' ' I :t:- 10'1 I, -. !lJ,d 'Hil' ~ ~!d I ~ I.d, I: o~. i~J (J '" I=j" ; :,:1 'I >- ~l. I "!~li I-~", ..... ,.. a: !::ij: ~;"J ILl ~;~ ;~! . i!I!1 i !!! l'Fl, 0"""11111'-' w '" III fi~ o.! . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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. 1521 15. 16. 10. I I I I I I I I I I I I I I I I I I I 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." 1522 I I I I I I I I I I I I I I I I I I I 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. 1523 1524 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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: 1525 1526 I I I I I I I I I I I I I I I I I I I 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 I I I I I 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; I I I I I I I I I I I I I I 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 1527 b) Yard Requirements (minimum) I 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) I I I I I I 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: I I 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) I I i) front yard 3.0 metres to an unenclosed porch/balcony 4.5 metres to dwelling 6.0 metres to private garage or carport I I 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 I iii) iv) sight triangle 6.75 metres I 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 I I I I 1528 I located in the front and/or exterior side yard of the lot and shall not be calculated as lot coverage. I e) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0m I "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) . I Lot Area (minimum) Lot Frontage (minimum) a) I b) I i) interior lot ii) comer lot Yard Requirements c) I i) front yard I Ii) exterior side yard I interior side yard iii) I iv) sight triangle Driveway width (maximum) Lot Coverage (maximum) d) I e) I I I f) I BY -LAW read a first time this BY-LAW read a second time this I 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 I I I John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1529 This is Schedule "A" to By-law 2005;. passed this day of . 2005 A.D. . \. 'I " , ~ . , . I mr \ ~ 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 , I I I I I I I I I I I I I I I I I I I :c ~ o z t;j w a: I- en ~ w III ~ I I I I I I I I I I I I I I I I I I I ATTACHMENT 6 . 1531 ". I- w Z u ::) <( ~ --' 0- W en Cl Z z ~ z 0 z w () -, b LO 3::l'ifld S8NINN3f ~;:T.~ i'fi, :;.i?~~g"~~~:-,~~~,;g..~';~~5t:~~\t~'?1~~ .:;:, . .. .' - ~ 133~lS ^3Nl~nO::l ~'1'; ';:;:- ~ 'C .:;, 1532 I- W W a:: I- en w a:: ~ o --' I- Z ::) ~ W Z ~ o () o ""'" I- W W a:: I- en I- z w Cl 0:: <( I- Z ::) ~ W Z ~ o () o ("') ATTACHMENT 7 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CONCESSION ROAD 3 ~ =- - - - - BONS --~,.- - ------- 173 l( 199 226 (227 238 174 I I 200 225 I I 228 237 175 II 201 224 II'" 236 In ~ ~ ~ 2~ 177 1:1:1 203 "2 II~ 2" 178 I~I 204 221 ~ 232 '79 I~I 205 "21,0 I~I :.~ 180 ...., 206 I~I ,. 181 1:;1 207 218 ,'\ "1 ~ '87 1"'1 208 217 1~1",:i- :: I I ~: ~: I I -it 185 I I 211 214 I I .-.. J J ' -.- _ 166 ~ II 212 213 .. g~ ~87" / _~ "_ X ------ -" ~! - " , ~ I -/ "\ "!1 ~ _N_ . l ~ ~ ~ ~fh~ 8 8 ~ ~ '\ ~~ --- r-~I;r~ r- r- r:-l r- ,;. I ~ I r- I ~ ~ -! 5\ ~ 234 2" ,- .- .- ATTACHMENT 2 lJ I~ IITl I~ 1<0 ~ AVENUE ~ ~ 239 250 1~ 240 '" 241 246 I@ 242 247 243 246 13 244 245 1<0 I--- 0- - - --- ~ j~ ~ - ./ \ ~~ ~ / -- - - - - - " ~ ~ fIT it ~ g: CI> ~~ ~ : r r ::::~~::~:~!~:i:~:>:'-:::::::::::~'-i::: 11 :': :: : I '~"Y'~ _~ _ _ _ "~i . II ;;; ~ I I ~ : I I ~ ___ / ~---~ '\ . 1a::1 ~ ~ I~ " ~ I I ~ ~ i f e ~ ) \ I~I , ~ I~ ~ ~ I lee I I . ~ I I . I~ "I[::l". I I ~ ~ I I N g I I " I I ;; ~ 19 : ~ :~ g ~ luJ ~ ~ :: N I I " - I . ~ [::l g I~ g g :::~~~~::~@?_ 1- I ::i::::if.i:~?:::i ~~::::~:.::::::~:::'-:~ I II .nnn.~nnn ~ II/-, ~ .,.........:................ Iii! ~ g 111I tnnnn~ l:"':n::::n=-=:.:~~ ~:~n::~:~:::::i :i~?:~\::~ ~:::::tiE:~~:: ~~:::~~:::::::=- J I ~ ~ I I - - - _ JEt'mING'S' /" · I I " ~ W - - .A~" ~ I I ~ ~ g 2 S 2 ~ g ~ - I ~ ~ e I I ~.~ _ _ ~ ~ ;; - ;;; ~ , . " ~ :~ ~ ~ ~ I ~ ~ ~. :-: I I' ~ ~ ~ \ ~ e ;;; 19 ~ ~ ~ * ~ ~ ~~;:: I I ~ . ~ ~ e ~ N ~ ~ " I I g ~ ., .."" ~I ~ t.: "-.. ::BROUGH COURT- - - _::1) r~w~N1r'lGS- ~LACE~> ~:/ ~ -! :,_:_:_:.:_, I (i .-- ~ ~ ;; ;; ;; c:: ;; is ~ ; ~ ~ : ~ & ~ ~ ::::::<<:;:; I I ~ ~;~ ll.f-- Ul "" (I, '" -..l ClI - ....... f I ~g ~ -""----11-. ~ ~.. -::iii::lill E~ ~ ~'~gHigg~"N~g~g~. ."N"-...."'....Jl ...~~~ N N N g; ~ gj N N . . ~O<ID (0-1115"--0.41_) .. - "- Ii I~ . ;{ ~J n 1 ~_ 1 i ~l I " " < ~ F2 ~ I g ~ f'> ~ ~ g: <<:I Bi t ~ 1J J I) ~I I II\.':: LOT 12 I .. ~ 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 I Ii: o Z I- W W 1:1::- I- en ~ w lD :J ZBA 2004-045 I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- I being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington I 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; I I 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: I I "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) I 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 I 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 I I I 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 I b) Lot Coverage (maximum) 40 percent I 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; I I 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. I c) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre I 1534 ATlAGHMt:N I ;j I 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: I "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: I a) Lot Frontage (minimum) I i) corner lot 13.8 metres b) Yard Requirements (minimum) I i) front yard 3.0 metres to an unenclosed porch/balcony 4.5 metres to dwelling 6.0 metres to private garage or carport I 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 I 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 I I c) iv) sight triangle lot Coverage (maximum) I 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: I 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; I 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. I d) Height of floor deck of unenclosed porch to linished grade (maximum) 1.0 metre I "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: I a) b) lot Area (minimum) 270 square metres I lot Frontage (minimum) I i) interior lot 9 metres Ii) corner lot 12 metres I 1535 I I I c) I I I I I d) I I I I e) I I 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) I I 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 I I I I 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 I b) 3.0 metres to a dwelling c) 6.0 metres to garage I 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 I I iv) sight triangle 6.75 metres d) e) Driveway width (maximum) Lot Coverage (maximum) 4.6 metres I 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. I I I f) Height of floor deck of unenclosed porch to finished grade (maximum) 1.0 metre I I BY-LAW read a first time this day of 2005 I BY-LAW read a second time this day of 2005 I I BY -LAW. read a third time and finally passed this day of 2005 I I John Mutton, Mayor I Patti L. Barrie, Municipal Clerk I I -"" ............- I I I I I I I I I I I I I I I I I I I I This is Schedule "A" to By-law 2005- passed this day of . 2005 A.D. , CONCESSION ROAD 3 ," . ~l ;~ ~ " 1;1~ ~ !~ :.:.:.:.:.j.:':'1 ~ . , ~I~ :I! " :c f- 0:: o Z f- W W 0:: f- (Jl ~ 0:: W CD :J ~ .. . > . !: a I illJ 1$ i 11," . .! ~'" ... .. g lOT 11 \ ~@, ';'; I ~ 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. 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"'C C en rot) - 0) "'C~ 2 0) ~ 0) 0) en c..~ o ~ - "'C ~ ro +"'" - U ro :J E ~ .- +"'" c en ._ 6 E U..c O)~ ..c 3: c"'C ro 0) U c .- c ro a+"'" ._ c +"'" . - c..ro o E . E ~ 0) +"'" 0> C o - c .- ro .- U li= 0) C 0) ..c 0) ..c +"'" U 0) .~ o ~ c.. 0> C .- 0> C ro ..c U Qj en"'C "'C :J c- O) U E .~ E.8 o c U 0 0) .- ~ +"'" c.. I- .- ~ U a.. en ~~ . E +-' (J.) ro +-' c C/) 0 ~ .- C/) +-' ro s... ro 0.. (J.) C/) (J.) ""0 ro s... (9 s... (J.) c ""0 ro o 0::: (J.) s... o ..c C/) (J.) ~ ro .....J (J.) +-' ::::::l o s... C/) C/) (J.) u u ro C' ro E .- s... 0.. '+- o (J.) ""0 ro s... 0> 0.. ::::> ~ - - .- s . .- - ""0 C o u (J.) CJ) ('-- tn c: o -- .... tn Q) ~ a , ,. QOOllgron 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~-~ ~,.._- "~-""~"-"'..-. ---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 'Wi 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 . I I I I I I I I I I I I I I I I I I I ~g> o~ c.CU CUCU ~~ ::= cuO · - s::: > ::s CUo ~u s... cuS::: cuO c....... .....0) 0.= cus... .-. ca 0- s...U c....... ~o .g~ ca- s... ca C).9- ~ .~ oS::: c..::S ~ LO o o N ~ (j) N ..c () L- eo ~ !)-< !ZUJI ;1 IOIW: 'Q' ,L-,,' '!. ',' '.,' ,,'\r I 'r^ 1<:(1' I' IZV,./IO-' I"""" '01 ill-J..! r. \ ' . ., _,UJc :<(,>UJI , .... " 'l.IJ I "I., ' 4 ..'. !"" 1 .,..,' :, ], ,:p!'..~j!. .I:I: f- 'z' .1 '(j) I I , ......1. ,!~f! I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 4 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I 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 10 I I I I I I I I I I I I I I I I I I I ,'>,>,-/ ~. \ 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." I I I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I I I . 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. I I I I I I I I I I I I I I I I I I I 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 I" I I I I I I I I I I I I I I I I I I Dear Mayor Mutton and Councilors; "......, L C \) (H P ::- r :!A C9-f ;; , , Y\" 1": ( rf1.... ;:.:.+-' ~, ->" ,~O II'-Y'S~'\' C,'!"'_, 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 I I I I I I I I I I I I I I I I I I I . _",-.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 I I I~_U I I ! I I I I I I I I I I I I I I \ -)~, ,J ( ~ f, s,})( 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 ~'~ 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 I I I I I I I I I I I I I I I I I I I 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 ~--" ! <;/7 ",-7 4"/Z~ ~ c:/ L-/ Z// C-.----/.' /'/7 // /1.4'2-"2--- 76 , ~7 ,?", CJ L"';--' L---O ',/ <'.-...