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Home My WebLink About04/11/2005 . '- g!![ipglon GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: April 11, 2005 TIME: 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of March 29, 2005 301 4. PRESENTATIONS "'" 5. DELEGATIONS (a) Cathy Abraham on behalf of Newcastle Community Hall Board, regarding the Community Guide (b) Tony Vissers regarding Report PSD-049-05 (c) John Laracy regarding Report PSD-049-05 6. PUBLIC MEETINGS (a) Application to Amend Zoning By-Law 84-63 Applicant: Tim and Doris Taxis Report: PSD-047-05 501 7. PLANNING SERVICES DEPARTMENT (a) PSD-047-05 - Rezoning to Permit a Home-Based Occupation in an Existing Dwelling Applicant: Tim and Doris Taxis 601 '- (b) PSD-048-05 - Monitoring of the Decisions of the Committee Of Adjustment for the Meeting of March 24, 2005 606 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 ........ C.P. & A. Agenda - 2- April 11, 2005 (c) PSD-049-05- Clarington Official Plan Amendment Applicant: 1494392 Ontario Limited 610 (d) PSD-050-05- Two Adult School Crossing Guards Meadowglade Road at Robert Adams Drive, Courtice and Longworth Avenue at Brookings Street, Bowmanville 619 (e) PSD-051-05- Application for Removal of Part Lot Control Applicant: Lee Paul Bowman and Marie Valentine Bowman 625 8. ENGINEERING SERVICES DEPARTMENT No Reports 9. OPERATIONS DEPARTMENT (a) OPD-003-95 - Cemetery By-law and Tariff of Rates 801 10. EMERGENCY AND FIRE SERVICES DEPARTMENT ........ No Reports 11. COMMUNITY SERVICES DEPARTMENT (a) CSD-04-05 - 2005 March Break Extravaganza 1001 12. CLERK'S DEPARTMENT (a) CLD-12-05 - Private Parking Enforcement 1101 13. CORPORATE SERVICES DEPARTMENT (a) COD-016-05 - 1774 Rudell Road - Farm Agreement 1201 (b) COD-017-05 - RFP2005-5 Brookhill Neighbourhood 1207 Secondary Plan and Urban Design Guidelines 14. FINANCE DEPARTMENT No Reports 15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT ........ No Reports ........ ...... ........ . C.P. & A. Agenda 16. UNFINISHED BUSINESS 17. OTHER BUSINESS 18. ADJOURNMENT - 3- April 11, 2005 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 29, 2005 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 29, 2005 at 7:00 p.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Treasurer, L. Gordon Senior Planner, Special Projects, J. Szwarz Assistant Director of Community Services, B. Taylor Director of Emergency Services, G. Weir Deputy Clerk, A. Greentree Clerk II, C. Doiron Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Schell advised that he would be disclosing a pecuniary interest respecting Public Meeting Agenda Item (a) Application to Amend Zoning By-law 84-63 and respecting Report PSD-037-05. MINUTES Resolution #GPA-140-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on March 7, 2005, be approved. CARRIED - 1 - 301 Minutes I March 29, 2005 I I I I I I I General Purpose and Administration Committee PRESENTATIONS (a) Dave Hardy, Hardy Stevenson and Associates Ltd., Lead Consultant, Peer Review Team for the Port Granby Project, presented an update on the Port Granby Project and provided Committee Members with a handout supporting his presentation. Mr. Hardy discussed the following issues: The Preferred Option, Comments on the Environmental Assessment Study Report (EASR), and comments on each of the following disciplines: Atmospheric, Aquatic, Human Health, Geology and Groundwater, Terrestrial and Socio- economic. He further discussed comments on cleanup criteria, conclusions and recommendations of Municipal Peer Review Team (MPRT) including: a second liner system, grade separation at Lake Shore Road, and upgrade of the primary access route. He stated that he was available for questions from the Committee Members. DELEGATIONS Resolution #GPA-141-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Wilson Little, Engineer, St. Marys Cement, be added as a delegation to the Agenda, regardin~ PSD-042-05. (a) (b) CARRIED Glen Murphy, Vice President, Liberty Street Developments Inc. spoke in regards to the Addendum to Report PSD-014-05. Mr. Murphy stated that he supports the Addendum Report and thanked staff for their hard work. He asked the Committee to support this application. Gerry Mahoney, member of the South East Clarington Ratepayers Association, spoke in regards to the Port Granby Project (PSD-041-05). He stated that he was speaking on behalf of Dr. Sarwan Sahota, President of SECRA and on behalf of the Association. Mr. Mahoney thanked Members of Council and staff for their support and dedication in regards to this project. He also thanked Dave Hardy for all of his efforts in identifying the concerns and the need of a second liner. Mr. Mahoney stated that the residents of Port Granby do not wish to have the facility moved across the road, but they do support the on-site solution for storage of the radioactive waste. SECRA requests that Council receive Report PSD-041-05, but not proceed any further in the approval process until all outstanding concerns and questions are resolved to the satisfaction of the staff, the Peer Review Team and SECRA. The Association suggests that the Community Monitoring Committee be struck by Council and that it meet regularly. Further, the Association recommends that a contingency plan be established, and that an independent panel be appointed to monitor quality of equipment and workmanship throughout the entire project. The Port Granby residents are looking for compensation for their time spent on this project and for the impact on their quality of living. - 2. 302 I I I II I 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 29, 2005 (c) John Stephenson, representing the South East Clarington Ratepayers Association, circulated a handout to the Committee regarding the review of the Planning Report PSD-041-05 and the Peer Review Report, both relating to the Port Granby Project. Mr. Stephenson advised that given there are no guarantees that the second liner will last longer than the first liner, they should not be relying on it. He stated that the waste should not be moved, but rather protected from the elements. To keep it dry will prevent run off and contamination of the lake shore. (d) Barbara Spencer spoke in regards to the Port Granby Project. She mentioned that she is a member SECRA and a resident of the Port Granby area. Ms. Spencer stated that the EA report concluded the lands were not a suitable site in the1970's and suggests that a comprehensive EA should be done now before proceeding. She is disappointed that the consultant deemed the Social Aspect as minor and insignificant. The residents of the Port Granby area feel that they should be compensated for the inconveniences they have had over the past several years. She feels that there should be a full and complete investigation and an independent panel review, all concerns should be addressed, and only existing waste be addressed with no opportunity for expansion. Ms. Spencer feels that it is the duty of the Council to protect the lands. (e) Wilson Little, Director of Engineering, St. Marys Cement, spoke in regards to Report PSD-042-05. St. Marys Cement is anxious to proceed so they may continue their long- term plans. The Committee was encouraged to endorse the comments of Piteau Associates and forward these comments to the Ministry, as they have the expertise and the responsibility. Councillor Schell chaired this portion of the meeting. Resolution #GPA-142-05 Moved by Councillor Robinson, seconded Councillor Schell THAT Committee recess for ten minutes. CARRIED The meeting reconvened at 8:25 p.m. Councillor Schell chaired this portion of the meeting. PUBLIC MEETING Councillor Schell stated a pecuniary interest with respect to Public Meeting Agenda Item (a) Application to Amend Zoning By-law 84-63 and to Report PSD-037-05; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that his wife is employed by the applicant. -3- 303 Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Mayor Mutton chaired this portion of the meeting. (a) Subject: Application to Amend the Zoning By-law 84-63 Zoning By-law Amendment to Permit the Construction of a Commercial Building Applicant: 16138338 Ontario Inc. (Dan Holkema) David Crome, Director of Planning Services, gave a verbal report pertaining to Report PSD-037-05. No one spoke in opposition to or in support of this application. Resolution #GPA-143-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT order of the agenda be altered to consider Report PSD-037 -05 at this time. CARRIED ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING APPLICANT: 16138338 ONTARIO INC. (DAN HOLKEMA) Resolution #GPA-144-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-037-05 be received; 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 THAT all interested parties listed in Report PSD-037-05 and any delegation be advised of Council's decision. CARRIED Councillor Schell chaired this portion of the meeting. -4- 304 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 29, 2005 (b) Subject: Application to Amend the Clarington Official Plan and Zoning By-law Proposed Official Plan Amendment and Zoning By-law Amendment to Permit a 120 Square Metre Office Use Terrance Timmins PSD-03S-05 Applicant: Report: David Crome, Director of Planning Services, gave a verbal report pertaining to Report PSD-038-05, and advised that this was a repeat Public Meeting for this application. No one spoke in opposition to or in support of this application. Glen Genge, Biddle and Associates, spoke on behalf of the applicant. He stated that the applicant is willing to work with the residents. Mr. Genge advised he is available of questions from the Committee Members. PLANNING SERVICES DEPARTMENT PROPOSED OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TO PERMIT A 120 SQUARE METRE OFFICE USE APPLICANT: TERRANCE TIMMINS Resolution #GPA-145-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-038-05 be received; THAT Official Plan Amendment and Rezoning applications submitted by Terrance Timmins be approved; THAT Amendment No. 41 to the Clarington Official Plan contained in Attachment 2 to Report PSD-038-05 be adopted and that the necessary By-law be passed; THAT the Zoning By-law amendment contained in Attachment 3 to Report PSD-038-05 be passed; 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; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-038-05 and Council's decision; and - 5 - 305 Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee THAT all interested parties listed in Report PSD-038-05 and any delegation be advised of Council's decision. CARRIED APPLlCANTION FOR REMOVAL OF PART LOT CONTROL APPLICANT: GEORGE L YSYK Resolution #GPA-146-05 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report PSD-039-05 be received; THAT the request for removal of Part Lot Control with respect to Part of Block E, on Registered Plan 702, be approved; THAT the Part Lot Control By-law attached to Report PSD-039-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-039-05, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 3, 2005 Resolution #GPA-147-05 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report PSD-040-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on March 3, 2005 for application A2005/005: THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 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. CARRIED - 6 - 306 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 29, 2005 PORT GRANBY PROJECT - REVIEW OF THE DRAFT ENVIRONMENTAL ASSESSMENT STUDY PROJECT Resolution #GPA-148-05 Moved by Councillor Ping Ie, seconded by Councillor Trim THAT Report PSD-041-05 be received; 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; THAT the Environmental Assessment Study Report for the Port Granby Project, as revised, be submitted to Council for review when completed; 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; 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 THAT a copy of Council's decision be forwarded to all interested parties indicated in Report PSD-041-05. CARRIED APPLICATION BY ST. MARYS CEMENT (CANADA) INC. TO AMEND THE LICENCE TO DEEPEN THE BOWMANVILLE QUARRY Resolution #GPA-149-05 Moved by Mayor Mutton, seconded by Councillor MacArthur 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 SI. 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 SI. Marys Cement and the Ministry of Natural Resources; -7 - 307 Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee THAT staff be authorized to initiate discussions with S1. 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, S1. Marys Cement (Canada) Inc., the Sl. Marys Community Relations Committee, the Port Darlington Community Association, and CN Railway be advised of Committee and Council's decision. CARRIED AS AMENDED LATER IN MEETING (SEE FOllOWING AMENDING MOTION) Resolution #GPA-150-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT the foregoing resolution #GPA-149-05 be amended as follows: THAT the second paragraph be amended by replacing word "received" to "endorsed"; and THAT Engineering Services be included in the discussions referenced in the fourth paragraph. CARRIED The foregoing Resolution #GPA-149-05 was then put to a vote and "carried as amended". REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND CAR WASH APPLICANT: IMPERIAL Oil LIMITED Resolution #GPA-151-05 Moved by Councillor Trim, seconded by Councillor Foster THAT Report PSD"043-05 be received; 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; THAT the By-law contained in Attachment 2 of Report PSD-043-05 be passed and a copy forwarded to the Regional Municipality of Durham; 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 -8- 308 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 29, 2005 THAT all interested parties listed in Report PSD-043-05 and any delegations be advised of Council's decision. CARRIED REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED STANDARDS APPLICANT: PETER SAINOVSKI Resolution #GPA-152-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-044-05 be received; THAT the rezoning application submitted by Martin Topolie on behalf of Peter Sainovski to permit the conversion of two existing vacant buildings totaling 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; THAT the By-law contained in Report PSD-044-05 as Attachment 2 be passed and a copy forwarded to the Regional Municipality of Durham; 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 THAT all interested parties listed in Report PSD-044-05 and any delegations be advised of Council's decision. CARRIED 2005 PROVINCIAL POLICY STATEMENT Resolution #GPA-153-05 Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report PSD-045-05 be received for information. CARRIED PROPOSED HERITAGE DESIGNATIONS OF JOHN COLE HOUSE AND ALBERT WASHINGTON HOUSE Resolution #GPA-154-05 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report PSD-046-05 be received; - 9 - 309 Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee THAT, in lieu of the heritage conservation easement as per Resolution GPA-452-03, heritage designation of the exterior of the John Cole House and the Albert Washington House be accepted as an alternative for the long term care and maintenance of the buildings; 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; 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 THAT the Local Architectural Conservation Advisory Committee and the interested parties listed in Report PSD-046-05 be advised of Council's decision. CARRIED Resolution #GPA-155-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the order of the agenda be altered to consider Addendum to Report PSD-014-05 at this time. CARRIED LIBERTY STREET DEVELOPMENT INC. AGENT: TUNNEY PLANNING Resolution #GPA-156-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the Addendum to Report PSD-014-05 and Report PSD-014-05 be received; 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 Report PSD-014-05 be forwarded to Council for approval; 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; THAT a copy of the Addendum to Report PSD-014-05 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in the Addendum to Report PSD-014-05 and any delegations be advised of Council's decision. CARRIED - 10 - 310 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 29, 2005 Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT CONFIDENTIAL REPORT - PROPERTY MATTER Resolution #GPA-157-05 Moved by Mayor Mutton, seconded by Councillor Robinson THAT Confidential Report EGO-06-05 be lifted from table and received for information. CARRIED CONFIDENTIAL REPORT - PROPERTY MATTER Resolution #GPA-158-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Confidential Reports EGO-07-05 and EGO-10-05 be considered in "closed" session. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2005 Resolution #GPA-159-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report EGO-08-05 be received for information. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. - 11 - 311 General Purpose and Administration Committee EMERGENCY SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - FEBRUARY 2005 Resolution #GPA-160-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Report ESD-004-05 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no items considered under this section of the agenda. CLERK'S DEPARTMENT There were no items considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT FAIR WAGE SCHEDULE Resolution #GPA-161-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-015-05 be moved to a "closed" session for discussion. CARRIED FINANCE DEPARTMENT There were no items considered under this section of the agenda. -12 - Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I 312 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 29, 2005 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-162-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT in accordance with the Community Grant Program, the Coordinating Committee for the 150th Anniversary of Newcastle Village Celebration receive a one-time grant of $5,000.00. CARRIED Resolution #GPA-163-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT the meeting be "closed" for consideration of Confidential Reports EGD-07-05, EGD-10-05 and to discuss Report COD-015-05. CARRIED The meeting resumed in "open" session at 9:35 p.m. FAIR WAGE SCHEDULE Resolution #GPA-164-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-015-05 be received; THAT a "Fair Wage Policy" be adopted, in principle; THAT staff be authorized to work in co-operation with the various Trade Unions, the Durham Construction Association and the City of Toronto Fair Wage Office to develop a Fair Wage Policy and corresponding Fair Wage Schedule; THAT a Fair Wage Policy be brought back to Council for approval; - 13 - 313 MAYOR DEPUTY CLERK Minutes I March 29, 2005 I I I I I I I I I I I I I I I I I I 314 General Purpose and Administration Committee THAT the Fair Wage Policy apply to building construction only in cases where the estimated total budget exceeds one million dollars ($1,000,000.00); THAT the Fair Wage Policy be implemented on a complaint basis only and that the contractor making the. claim be charged an administration fee which is refundable only if the claim proves to be valid; and THAT staff be authorized to send a written request to the City of Toronto Fair Wage Office to provide auditing services for Fair Wage Compliance on an as needed and cost recovery basis. CARRIED AS AMENDED lATER IN MEETING (SEE FOllOWING AMENDING MOTION) Resolution #GPA-165-05 Moved by Councillor Schell, seconded by Councillor Foster THAT the foregoing resolution #GPA-164-05 be amended by adding the following thereto: "THAT the "Fair Wage Policy" be implemented for a one-year period". CARRIED The foregoing Resolution #GPA-164-05 was then put to a vote and "carried as amended". RATIFY ACTIONS Resolution #GPA-166-05 MOved Councillor Schell, seconded by Councillor Ping Ie THAT the actions taken at the "closed" meeting be ratified. CARRIED ADJOURNMENT Resolution #GPA-167-05 Moved by Councillor Robinson, seconded by Councillor McArthur THAT the meeting adjourn at 9:42 p.m. CARRIED - 14 - I I I I I I I I I I I I I I I I I I I Cl~.mglOn PUBLIC MEETING REPORT IlpSD-047-05 Tim and Doris Taxis CORPORATION OF THE. MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: TIM AND DORIS TAXIS AN APPLICATION TO AMEND THE ZONING BY.LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Martin Topolie would permit a home occupation use within the existing home. The subject property is located Part Lot 25, Concession 1, Township of Clarke, 825 King Avenue East, Newcastle (as shown on reverse). Planning File No.: ZBA 2005-006 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, April 11 , 2005 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the pubiic meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday April 18, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Cierks Department by the Wednesday noon, April 13, 2004 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3"' Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Bruce Howarth at (905) 623-3379 extension 261 or bye-mail atbhowarth@clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at the Municipality of Clarlngton this .~:tt~e If-Jt?~~/:II. . . .h / ( / ( ./ David Crome, .C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 7th day of March 2005. 40 Temperance Street Bowmanville, Ontario L1C 3AG 501 KING AVENUE EAST ~'ir:z:r;loll't 4.... . . .. . " 1!fl\~nJ:iW/5;;;I'1 ....x......:..-~".. . " .',.. - "'~/,,' . . . . . . . \ . .' ..~. f"1J..... . . :..JY.I;1tfJi'r."",' Nn-IJ"!: 1,17.u Newcastle Key Map II 7T,U' .lD"!' 20.. . . ~~,~ ," . . ~. . ",';. .... :~ ..: ~ .~ L ,0 .'. ... 11?1' . ? ZBA 200S-006 Zoning By-law Amendment Owner: Tim and Doris Taxis -n ~ ~ ~ ~ c m I I I I I I I I I I I I I I I I I I I ",'''' ~ 502 I I I I I I I I I I I I I I I I I I I Clw:mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 11 , 2005 Report #: PSD-047-05 File #: ZBA 2005-006 By-law #: Subject: REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING DWELLING APPLICANT: TIM AND DORIS TAXIS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-047-05 be received; 2. THAT the application submitted by Martin Topolie on behalf of the Taxis be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: R. dbd~~~ eVlewe y: Franklin Wu, Chief Administrative Officer v . ro e, M.C.I.P., R.P.P. Direc or of Planning Services BHIDC/lb/df/lw 5 April, 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 601 602 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-047-05 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Tim and Dorris Taxis 1.2 Agent: Martin Topoplie 1.3 Rezoning: from "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP-13) Zone" to permit a home-based occupation within an existing dwelling. 1.4 Location: 825 King Ave East, Newcastle being Part of Lot 25, Concession 1, former Town of Newcastle. 2.0 BACKGROUND 2.1 On February 24, 2005, the Planning Services Department received a rezoning application to permit a home-based occupation within an existing dwelling located in an Environmental Protection (EP) zone. 2.2 The application was filed as a result of a complaint received by By-law Enforcement in August 2004, regarding the outdoor storage of construction equipment. By-law Enforcement sent a letter to the owner of the subject property stating they would need to submit a rezoning application to permit a home occupation use. However, outside storage is not permitted. 2.3 As of April 4, 2005, the outdoor storage was removed. However, use of accessory buildings for storage of equipment related to the home occupation was noted. 2.4 The application proposes an area of 30 sq metres for a home office related to the owner's contracting business. The By-law permits not more than twenty-five (25) percent of the total floor area of a dwelling unit be used for the purposes of a home occupation. The proposed area complies with the 25% requirement. 2.5 The property is serviced by municipal water, and is on a private septic system. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the King Avenue East Frontage. 3.2 As of the writing of the report, no comments have been received with respect to the application. I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-047-05 PAGE 3 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 A two storey single detached dwelling exists on the subject property along with two accessory buildings. The lands slope to the east and drain into Graham Creek. 4.2 Surrounding Uses: West: Commercial Motor Hotel North: Concrete Industrial Use East: Canadian Pacific Railway South: Environmentally Protected 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application to allow a home occupation use within an existing dwelling, the application was circulated to a limited number of agencies. 5.2 Clarington Engineering, Clarington By-law Enforcement, Clarington Emergency Services, Veridian Connections, Ganaraska Region Conservation, Regional Planning Department, Regional Health Department, and the Regional Works Department all advised verbally or in writing they had no obiection to the proposed zoning amendment. 5.3 Clarington Building Department noted that a "Change in Use" permit is required, should the application be approved. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Under the Durham Region Official Plan, the subject property is designated Major Open Space. This designation is to preserve ecological benefits; this proposal will not further intrude on the Major Open Space and therefore is consistent with its intent. 6.2 The subject property is designated as Environmental Protection Area under the Clarington Official Plan. These areas and their ecological functions are to be preserved and protected from the effects of human activity. However, the residential use is legal non-conforming. The home-based occupation is completely within the existing dwelling and will not affect any ecological functions. 6.3 Home-based occupation uses are permitted as an accessory use to a residential dwelling subject to the criteria under section 9.3.6 of the Official Plan. These policies state no exterior display of merchandise or outside storage of goods or material associated with the said use is permitted, and signage shall comply with the provisions of the Sign By-law as amended from time to time. 603 604 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-047-oS PAGE 4 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned Environmental Protection (EP) which does not permit a home- based occupation, hence the subject application. 8.0 STAFF COMMENTS 8.1 The Zoning By-law defines home occupation to include uses such as professional or administrative offices; production, repair and retail sale of antiques, art, craft, or hobby items; the teaching of art or craft related skills; the repair of small household appliances; babysitting or day nursery and a barber shop or hairdressing establishment. 8.2 The Zoning By-law requires home occupations to be clearly secondary to the main residential use and shall not change the residential character of the dwelling. Parking is to be provided in accordance with Section 3.15, and the outdoor storage of goods and materials associated with the home occupational use is prohibited. 8.3 During a site inspection issues including accessory structures used for the storage of equipment related to the home occupation, parking requirements, and conformity to the sign by-law were identified. Staff will meet with the applicant prior to a recommendation report to resolve these issues. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Tim and Doris Taxis Martin Topolie, Ovidio Sbrissa Architect I I I I I I I I I I I I I I I I I I I KING AVENUE EAST 1l'1r3:l',JO"I; 4",1 , . .l!! " r.l'"~f;l=61'1 II 72'Z1;.1O"'[' 20.18 . lliY.~ ....... . . ~""; . . . .' t f) . .. . ......:; 1/;';-. ..... . . · ..~ 2:.:.<"~ . . . .". . . . . -- ;ml'':'~' II 7:l'2TI: 1;17-'11 Newcastle Key Map ATTACHMENT 1 -n ~ ~ ~ m z C. m ~ :;i ZBA 2005-006 Zoning By-law Amendment Owner: Tim and Doris Taxis ""'" . 605 I I I I I I I I I I I I I I I I I I I Cl~mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 11 , 2005 Report #: PSD-048-05 File #: A2005/007 and A2005/008 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 24, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-048-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on March 24, 2005 for applications A2005/007 and A2005/008; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed bY:O~~ Franklin Wu, Chief Administrative Officer . Creme, MCIP, R.P.P. r of Planning Services April 1, 2005 BMR/CP/DC/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 606 607 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-04S-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 24, 2005 A2005/007 Approve with conditions Approved with conditions A2005/008 Table Tabled 2.0 COMMENTS 2.1 A2005/007 was an application to reduce the minimum exterior side yard setback from 6 metres to 2 metres to allow for the expansion of the existing residential' dwelling, and an attached garage. The exterior side yard of this lot is adjacent to an un-opened road allowance. Due to the alignment of the driveway, the applicant wished to build the garage as requested, towards the western property line. The application was approved, subject to Engineering Services requirement that no excavating, placement of fill, landscaping or construction activity take place in the road allowance 2.2 A2005/008 was an application to reduce the front yard setback for low-rise condominium apartment buildings from 7.5 metres to 2 metres. Engineering Services requested that the application be tabled until the applicant could satisfy the Engineering Services Department that the proposed setback provided sufficient space to allow for a proper transition between the front property line and the barrier free accesses into the building. The applicant was satisfied with the request, and Committee tabled the application for a period of no more than three (3) months. 2.3 Staff has reviewed the Committee's decisions and is satisfied that the application that received approval is in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment I I I I I I I I I I I I I I I I I I I ATTACHMENT 1 Cl~J!:il1gtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MATT RYAN JOHN NYCZ PROPERTY LOCATION: PART LOT 18, CONCESSION 3, FORMER TOWNSHIP OF CLARKE FILE NO.: A2005/007 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE AND ADDITIONAL LIVING AREA BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2 METRES. DECISION OF COMMITTEE: APPROVAL TO REDUCE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2 METRES TO PERMIT ADDITIONAL LIVING AREA AND GARAGE SUBJECT TO CONDITION THAT NO EXCAVATING, PLACEMENT OF FILL, LANDSCAPING OR CONSTRUCTION ACTIVITY TAKE PLACE IN ROAD ALLOWANCE, AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: March 24, 2005 LAST DAY OF APPEAL: April 13, 2005 608 qtg~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KELVIN WHALEN OWNER: ASPEN SPRINGS WEST L TD PROPERTY LOCATION: PART LOT 16, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON BLOCK 75, PLAN 40M-2240 FILE NO.: A2005/008 PURPOSE: TO PERMIT THE CONSTRUCTION OF LOW-RISE CONDOMINIUM BUILDINGS WITH A STREET FRONT PRESENCE BY REDUCING THE FRONT YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR NO MORE THAN THREE MONTHS TO ALLOW SUFFICIENT TIME FOR THE APPLICANT TO SATISFY ENGINEERING SERVICES DEPARTMENT CONCERNS REGARDING BARRIER FREE ACCESS. DATE OF DECISION: March 24, 2005 LAST DAY OF APPEAL: April 13, 2005 609 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Cl~mgron REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 11, 2005 Report #: PSD-049-05 File #: COPA 2003-002 & ROPA 2003-002 By-law #: Subject: CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: 1494392 ONTARIO LIMITED (VISSERS SOD FARM) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-049-05 be received; 2. THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2003-002) as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; 3. THAT Amendment No. 42 to the Clarington Official Plan as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the severance of a surplus dwelling deemed surplus to the farm operation, be ADOPTED as indicated in Attachment 2 to this report and that the necessary by-law contained in Attachment 3 be passed: and further that the amendment be forwarded to the Regional Municipality of Durham for approval; 4. THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-049-05; and 5. THAT all interested parties and the Regional Municipality of Durham Planning Department be advised of Council's decision. Reviewed by: a ~.-:;-~ ~ Franklin Wu, Chief Administrative Officer Submitted by: Davi . Crome, M.C.I.P, R.P.P. Director of Planning Services BRlCP/lw/lb April 5, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVillE, ONTARIO l 1C 3A6 T (905)623-3379 F (905)62~H)030 I I I I Regional Official Plan Amendment: to provide for the creation of a new lot for an existing dwelling deemed I surplus to the farm operation. I I I I I I I I I I I I I I REPORT NO.: PSD-049-oS PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 2.0 2.1 2.2 2.3 2.4 Owner: 1494392 Ontario Limited (Vissers Sod Farm) Applicant/Agent: Robert Craig Clarington Official Plan Amendment: to provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation, the only dwelling on the existing property, as a result of the acquisition of abutting farms that are proposed to remain separate and to grant exception to the Official Plan requirement that a retirement or intra-family lot had not been previously severed from the farm since January 1, 1974 Rezoning: to remain the same Area: 0.424 hectare (1.05 acre) portion of a 56.82 hectare (140.41 acre) property Location: The area subject to the proposal is located at the southeast comer of Regional Roads 42 and 4 (Darlington-Clarke Townline and Taunton Roads, respectively) or 2523 Regional Road 42, formally described as Part Lot 35, Concession 5, former Township of Clarke. BACKGROUND On April 1, 2003, the Planning Services Department received an application to amend the Clarington Official Plan to provide for the creation of a new lot for an existing dwelling deemed surplus to an existing 56.82 hectare farm operation. The lot is deemed surplus as a result of the acquisition of abutting farms that are proposed to remain separate. In addition, the application requests exception to the Official Plan requirement that a retirement or intra- family lot had not been previously severed from the farm since January 1, 1974. On April 14, 2003, an application to amend the Durham Regional Official Plan (OPA 2003- 002) to provide for the creation of a new lot for an existing dwelling deemed surplus to the farm operation was circulated to Clarington for agency comments. Approval of both Official plan Amendments is pre-requisite for the submission of the Land Division application, which has yet to occur. The subject property, also known as the Eikens Farm, was acquired in December 2001 and it contains one dwelling. It is one of six properties owned by the Vissers. One property (Forestry Farm) abuts the subject lands to the south and east (see Attachment 1). Another 611 I I I I I I I I I I I 'I I I I I I I I REPORT NO.: PSD-049.05 PAGE 3 property (Orono Farm) is immediately west across Durham Regional Road 42. The other properties are near Hampton. The, dwelling on the subject property is one of four dwellings owned by the Vissers. The Vissers prepared a letter report describing their six properties and the use of the four dwellings on them. The Vissers prepared a second letter stating the housing situation for their sod farm employees and the non-livestock nature of the "barn" which is an equipment storage shed. 2.5 In March 2002, approximately 8,000 sq. metres of woodlot were cleared and a tributary of the Soper Creek was filled in on this property. These actions led to a Property Standards Order by Municipal By-law Enforcement. In addition, Mr. Vissers was charged by Central Lake Ontario Conservation and the Department of Fisheries and Oceans.' However, on February 8, 2005, Authority staff advised that the previous legal actions under the Authority's and the Department's regulations have "come to a close before the Courts" and that they are prepared to comment on the official plan amendments (see Section 7.3 in this report. ) 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The 0.424 hectare portion to be severed has a dwelling and detached garage bounded by regional roads on the west and north. To the east, nearby on the retained property, is the foundation from a greenhouse that has been demolished. To the south, nearby on the retained property is an equipment storage shed, and south of it, a farm equipment parking area. 3.2 The surrounding land uses are as follows: North - South - East - West - Regional Road 4 and beyond, Rural Residential retained property - sod farm retained property - sod farm Regional Road 42 and beyond, Rural Residential 4.0 PROVINCIAL POLICY STATEMENT AND PROVINCIAL GREENBELT PLAN 4.1 Section 2.3.4.1 c) of the 2005 Provincial Policy Statement specifies that a residence deemed to be surplus to a farming operation may be severed from the property creating a new residential lot. The Policy Statement defines a "residential surplus to a farming operation" as "an existing farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation)". The residence located at 2523 Regional Road 42 has been deemed surplus as a result of the owner now possessing six (6) farms and four (4) dwellings. 4.2 This application was filed April 1, 2003, and precedes Bill 27, and the new Greenbelt Plan. Therefore, the application does not appear to be impacted by the policies of Greenbelt Plan. However, the Rural Area policies of the provincial Greenbelt Plan permits severance of a 'residence surplus to a farming operation' as a result of 'farm 612 I I I I The Durham Regional Official Plan designates the site "Major Open Space". Section 12.3.11 of the Plan allows the severance of a farm dwelling rendered surplus as a result of I consolidation of abutting farm parcels. Section 12.3.12 of the Plan also allows, by amendment to the Plan, the severance of a farm dwelling rendered surplus as the result of a farmer acquiring a non-abuttina farm. The proposed severance would create a new non- I farm residential lot and a vacant agricultural parcel, separate from the applicant's abuttina land holdings. The proposal is therefore contrary to the policies of Sections 12.3.11 and 12.3.12, and amendment to the Plan is required. I I I I I I I I I I I I I REPORT NO.: PSD-049-05 PAGE 4 5.0 5.1 5.2 6.0 6.1 7.0 7.1 8.0 8.1 consolidation'. The application would appear to be consistent with the policies of the Greenbelt Plan. OFFICIAL PLAN CONFORMITY The Clarington Official Plan designates the majority of the property Green Space, with the two creek tributary valleys running through the south portion of the property as Environmental Protection Area. An application for official plan amendment is required since the proposal for severance of a surplus dwelling is the result of acquisition of abutting farms that are not to be merged into a single parcel (contrary to Policy 13.3.8a) and since the proposal is on a farm where a retirement or intra-family lot was previously severed from the farm (an intra-family lot -LD 315/89) after January 1, 1974 (contrary to Policy 13.3.9a). The severance may be permitted, but only by amendment to the Plan. The proposal conforms to the other requirements of Policies 13.3.8 and 13.3.9. ZONING BY-LAW COMPLIANCE Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned "Agricultural (A)". The frovisions of the "A" zone require the creation of a residential lot to comply with a 4000 m minimum lot area and 30 m minimum frontage consistent with the provisions of the "RH" Zone. The proposed' surplus dwelling would comply. PUBLIC SUBMISSIONS. One telephone inquiry was received from the tenant living in the surplus dwelling. He said he was opposed to the proposal but did not give details. AGENCY COMMENTS The Clarington Official Plan Amendment application was circulated to various agencies and other departments by the Planning Services Department. The Regional Health Department and the Clarington Engineering Services Department had no objection. 613 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSO-049-05 PAGE 5 8.2 Central Lake Ontario Conservation, originally, in June 2003, provided comments that it could not support the Regional and Clarington Official Plan Amendment applications since the Authority was pursuing two separate charges under Ontario Regulation 145/90, in Provincial Offences Court. Previous legal actions under the Authority and Department of Fisheries and Oceans regulations have come to a close before the Courts. The Authority has more recently advised the dwelling location, at the northwest comer of the property, contains no natural hazard or natural heritage features, and as such, it is advised the Authority has no objections to the proposed official plan amendments. 8.3 The Clarington Municipal Law Division, like the conservation authority, previously objected to approval of the official plan amendments but with the resolution of the property standards order issues and the Vissers file closed, it now has no objections to approval. 9.0 STAFF COMMENTS 9.1 The owner/applicant has acquired abutting property, from the Eikens family, and the Vissers do not want to consolidate these parcels. It is proposed that the two properties remain separate. The applicant/agent will be submitting an application to the Land Division Committee to create the surplus dwelling lot if the two official plan amendment applications are granted. 9.2 An intra-family severance (for a son) was completed on this farm (southwest corner) in 1989 (LD 315/89). Although not granted to the Vissers, the severance record is tied to the land and therefore, according to Clarington Official Plan policy 13.3.9 a) precludes the proposed severance. Hence, this proposed severance would have to be exempted from Policy 13.3.9 a). 9.3 A formal planning report supporting the application was not submitted, however, the applicants have supplied letters explaining their real estate holdings and sod farm operation. The Vissers do not want to be residential landlords yet want to retain the ability to sell and mortgage the Eikens' Farm and "Forestry Farm" distinctly. The Vissers have six (6) properties and there is a house on four of them. Mr. Vissers stated that he and his wife live on one of the Hampton properties, his son and daughter-in-law on another Hampton property, and although currently rented out, another relative will be living on the "Forestry Farm" abutting the Eikens' Farm on the south. The letter notes that the Vissers Family will not use any additional houses and hence, the request for the surplus dwelling severance. The Vissers Nursery and Sod Farm has a surplus of housing and does not require the house at 2523 Regional Road 42 nor does any of the business's employees since all the employees are from Durham Region and still living with their parents, renting, or own their own home. 9.4 The proposed severance will not result in a physical change on the site and it conforms to MDS requirements. The house and detached garage do not represent agricultural use lands. On the other side of the regional roads (north and west) there are non-farm residences. Positioned at the corner of the two regional roads and at the corner of the farm property, the site of the severance is not intruding into farm fields or other aspects of 614 REPORT NO.: PSD-049-05 PAGE 6 the farm operation. 9.5 . The owner and the applicant have agreed to the dedication of a 0.3 metre reserve around the retained parcel (farm) with only a 10 metre (non-residence farmland access, one on each frontage) as a condition of land division; and The owner and applicant have agreed not to object to any future rezoning which would prohibit residential uses on the retained parcel (farm). 9.6 The Finance Department advises the taxes for the subject property have been paid in full. . 10.0 CONCLUSION 10.1 Based on the comments contained in this report and the agency comments received, Staff recommends APPROVAL of Amendment No. 42 to the Clarington Official Plan as contained in Attachment 2, to permit the severance of a dwelling surplus to a farm operation. The applicant will be required to obtain a Regional Official Plan Amendment and a consent to sever the surplus dwelling parcel. Attachments Attachment 1: Site Location Key Map and Property Plan Attachment 2: Proposed Amendment No. 42 to the Clarington Official Plan Attachment 3: By-law to Adopt Amendment No. 42 to the Clarington Official Plan List of interested parties to be advised of Council's decision: Mr. Robert Craig Mr. John Laracy Tony and Thea Vissers 615 I I I I I I I I I I I I I I I I I I I o C5 0::: W Z -J Z,.... ~~ o .....~ WON 0: '" ~~~ 0::: N :50:- ()=> 18 z ~ z ::::i 0::: <( o Darlington. I rl D RHAM RD. Other lands Owned By Applicant TAUNTON ROAD (DURHAM ROAD 4) 71.2 244.05 '" ai '" '" co ai 105.31 n Lands to be Separated Including Existing House Area= 4236.4sq.m. Lands to be Retained Area= 56.4ha. LOT 35 CONC. 5 ... 145.43 :: 0> 275.18 Clarke o "" o Other Lands a:: Owned By :;z Applicant ~ :r: o ~ ATTACHMENT 1 N ~ '" n --- Area of Watercourse Filled in by Applicant L?'Fi1'';~ Area of Woodlot Cleared by Applicant ~ Watercourse J COPA 2003-002 Clarington Official Plan Amendment ROPA 2003-002 Regional Official Plan Amendment Owner: 1494392 Ontario Limited Vissers Sod Farm 616 ATTACHMENT, AMENDMENT NO. 42 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington to permit the potential severance of a surplus farm dwelling and to grant exception to the requirement that a retirement or intra-family lot had not been previously severed from the farm since January 1. 1974. The proposed lot is located at 2523 Regional Road 42, in Part Lot 35, Concession 5, former Township of Clarke. BASIS: The Amendment is based on an application submitted by Robert Craig on behalf of Tony and Thea Vissers to permit the creation of a surplus dwelling lot from a 56.4 hectare farm parcel. The approval of this application is based on commitments made by the owner and the applicant as follows: . The owner and the applicant have agreed to the dedication of a 0.3 metre reserve around the retained parcel (farm) with only a 10 metre (non-residence farmland access, one on each frontage) as a cond~ion of land division; and . The owner and applicant have agreed not to object to any future rezoning which would prohibit residential uses on the retained parcel (farm). Council is satisfied that the owner is operating a bona-fide farm operation and that this amendment meets the intent of the Official Plan and fulfils the objective of preserving agricultural land. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By adding the following exception In Section 13.3.10 - Table 13.1 as follows: Exception Assessment No. Legal Description Area of Surplus Dwelling Lot (ha) Area of Remainder of Land (ha) 5 Pt. Lot 35, Cone. 5, 030-050-21500-0000 former Township of Clarke 0.42 56.4 IMPLEMENTATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this amendment. INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this amendment. 617 I I I I I I I I I I I I I 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 3 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to adopt Amendment No. 42, to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1 990, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; AND WHEREAS the Corporation of the Municipality of Ciarington deems it advisable to amend the Clarington Official Plan to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Ciarington enacts as follows: 1. That Amendment No. 42 to the Clarington Official Plan being attached Explanatory Text is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a firsttime 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 618 I I I I I I I I I I I I I I I I I I I Clw:ilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 11 , 2005 Report #: PSD-050-05 File #: CG 1.5 By-law #: Subject: TWO ADULT SCHOOL CROSSING GUARDS Meadowglade Road at Robert Adams Drive, Courtice and Longworth Avenue at Brookings Street, Bowmanville RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-050-05 be received; 2. THAT an Adult School Crossing Guard be APPROVED for the location on Meadowglade Road at the north-east corner of Robert Adams Drive, Courtice; 3. THAT an Adult School Crossing Guard be APPROVED for the location on Brookings Drive and Longworth Avenue, Bowmanville; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Reviewed by: d~-S. t.J-"k... Franklin Wu Chief Administrative Officer Submitted by: David Crome, M.C.I.P. R.P.P. Director, Planning Services DF*DJC*df 4 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 619 REPORT NO.: PSD-050-05 PAGE 2 1.0 BACKGROUND 1.1 Requests have been received from a number of parents, as well as Sharon Trbovich, Principal' of Dr. G.J. MacGillivray Public School for the placement of an Adult School Crossing Guard at the intersection of Meadowglade Road and Robert Adams Drive in Courtice. Also we have received requests as well from several parents and Nancy Pitt, Principal of Harold Longworth Public School at the intersection of Brookings Street and Longworth Avenue in Bowmanville. 2.0 MUNICIPAL POLICY 2.1 The standard method to determine the need for an Adult Crossing Guard was developed by the Institute of Transportation of Engineers and used by many municipalities throughout North America. The methodology determines the length and quantity of safe gaps between vehicles, and is expressed in percentage of the studied time where school children will experience delay or difficulty in crossing a street. In 1991, the Municipality of Clarington adopted 50% as the threshold for the introduction of an Adult School Crossing Guard. 3.0 STUDY RESULTS 3.1 Meadowqlade Road and South-East Corner of Robert Adams Drive. Courtice Approximate times of traffic study were 3:40 PM to 3:55 PM and 8:55 AM to 9:10 AM. The average of 5 studies is 49.12% whereas a 50% minimum warrant is usually required. Staff Comment This crossing location is at a T-intersection at the junction of two collector type roadways. The traffic speeds are low with most traffic being generated by the 620 I I I I I I I I I I I I I I 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-050-05 PAGE 3 parents. This location is just under the warrants but will exceed the 50% warrant, this spring, as additional construction and residential development occurs, near the intersection. Funding for a new crossing guard at this location is provided for in the proposed 2005 budget. 3.2 Brookinqs Street and Lonqworth Avenue Harold Longworth Elementary School is built on Longworth Avenue, a collector roadway which presently ends just east of Brookings Street. The traffic is primarily school generated but there is some additional traffic associated with the residential area now that other local roads are connected. Longworth Avenue will be constructed possibly during 2005 to connect it to Liberty Street which will increase traffic flow and possibly vehicle speeds. The Crossing Guard studies performed recently show the following numbers. Approximately 30 students cross at this point, but that number may increase after the Crossing Guard is in place. Date Period Percent Delav March 3, 2005 March 4, 2005 March 7, 2005 March 7, 2005 PM AM AM PM 47.3% 53.7% 48.5% 49.5% Staff Comment This location is just under the warrants but will exceed the 50% warrant when the local roads are connected to Liberty Street. Funding for a new crossing guard at this location was provided for in the proposed 2005 budget. 4.0 CONCLUSION 4.1 It is recommended that a new adult school crossing guards be approved for the intersections of Meadowglade Road and Robert Adams Drive, in Courtice and Brookings Street at Longworth Avenue, Bowmanville 4.2 Prior to placing any Adult School Crossing Guard at a new location, all applicable connecting walkway, traffic signage, pavement marking etc. would have to be physically installed. To date, the school zone and school crossing signs are presently in place, leaving the plastic lines left to be installed. It is anticipated that the crossing guards would be in place within a month of approval. 621 REPORT NO.: PSD-050.05 PAGE 4 Attachments: Attachment 1 - Key Map for Meadowglade Road and Robert Adams Drive, Courtice Attachment 2 - Key Map for Brookings Drive and Longworth Avenue, Bowmanville Interested parties to be notified of Council's decision: Sharon Trbovich, Principal, G.J. MacGillivray Public School Nancy Pitt, Principal, Harold Longworth Public School Ron Baker 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 @ Existing Crossing Guard Location e Proposed Crossing Guard Location S)<V D ~ r- ~ & ~ !Ii ~ t;! ~<i FUTURE PUBLIC ~ ~ ________ SECONDARY SCHOOL ~ c,. ~~ --g ~ f- ~ --=:: <:l ~<2 f- ~ _ gr- r--.. ~ zoo~ f- I' f'l f- - ~ I J& I----' DEWELL CRES. I J=i R -----; [ ~ 'C. ~ ~ MOTHER TERESA SEPARATE ELEMENTARY SCHOOL f--:s: c::l /~ If-"'" ~f- ---' THORN'suRifr ~ CT. '- (5 ~ ll:: s. ~~ )1 '\ ~\ \ ~ r 1- T ~ ~ /1 - -~ -~-~ -(:) -~- ~ -0::: ~r-- f-=<:: f-:::i ~f- f-:J:: 0:::,-- f- =<:: f- - ~ <9<"c f- _ ~ r- ----J sc(.t;l'l cfl..r; -- sc(.~ cfl..r; <.fl\ Sj" .~ 9p ,0 ~ 'S'~0-~ ~(:, 1>0 ~ \ h __ / ~II- :-- ../~- . - REf:T ~ THORNBURY ~ -r- l--r'-..... - '-- DRIvE ;..- I GLEN ABBEY ~ i:\: <:l / / /1--' {I/j-- r-::::~ - I I GLEN EAGLES DRIVE ~ I I ~ ~\\J~_ r- __ Y""tl ,...- _ ./ .JI);V_ Alr- VI n ~ fl..O~ - ---I ~ ~ ~ Cl DR. G.J. MocGILL VARY 0 PUBLIC ELEMENTARY SCHOOL Q;: 4.J ...., ~ ~ I;:: {J if STREEt I COURTICE KEY MAP ATTACHMENT 1 IL I , I I-- '--J 623 ATTACHMENj o Existing Crossing Guard Location e Proposed Crossing Guard Location 11TTTTTT TTTI \ ~ ~~ ~ II:: '" a. (f ~ -u 0 0 ~ ...I II:: :I: ~ \_ 0 ...I '" \..." '" ~ MAXWELL CRT. HOOPER SQUARE w c ::> '- z I I r II ~ '/ z w I ~ >---- I == I-- en Harald Langworth f-- - Z f-- - >---- Public t=8= 0:: >---- Elementary L5 Schaal :::;: >---- f--II::- I-- I 1;;== '9 '-- ~NGWORTH AVENUE -~- II '<..) 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"''-- - II::L--- ~ - 1;;1---- .;:;.(;~ ~ -:I; II:: '-- ~~ - ~ c I-- "y. - 0 7(,) I- z III - ~, '-- c,'\. - '" ~ II:: / U BOWMANVILLE KEY MAP 624 I I I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I CI~-mgron REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 11, 2005 Report #: PSD-051-05 File #: ZBA 2005-008 By-law #: Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: LEE PAUL BOWMAN AND MARIE VALENTINE BOWMAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-051-05 be received; 2 . THAT the request for removal of part lot control with respect to Block 35 on 40M-1815 and Block 36 on 40M-1931 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 and any delegation be advised of Council's decision. Reviewed b~: 0 ~--"~ Franklin Wu, Chief Administrative Officer SNCP/lw/df April 5, 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOW MANVillE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 625 I I I I I The subject lands are located at 2636 and 2640 Courtice Road in Courtice, and 64 and 66 I Kilgannon Avenue in Courtice. I I I I I I I I I I I I I . REPORT NO.: PSD-051-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 2.0 2.1 3.0 3.1 3.2 3.3 4.0 4.1 4.2 4.3 Owner: Lee Paul Bowman and Marie Valentine Bowman Part Lot Control Removal: Part Block 36, 40M-1931 and Part Block 35, 40M-1815 (Attachment 1 & 2) LOCATION BACKGROUND On March 24, 2005, Staff received a request from the owners of the above-noted properties for the removal of part lot control with respect to Part of Block 36, 40M-1931 and Part Block 35,40M-1815. The current owners bought four (4) properties as investment properties, and prior to the expiration of the part lot control by-laws in effect at that time, were able to secure mortgages for all four (4) dwellings. The dwellings are two (2) abutting townhouse units contained on the same block in the two (2) respective plans of subdivision Recently, as the owners attempted to renew the mortgages, it came to the attention of the mortgage company, that under Section 50 of the Planning Act, a person owning abutting lands within a block in a plan of subdivision, cannot convey, mortgage or enter into an agreement of sale and purchase, unless part lot control has been removed. As part lot control has expired on these blocks, this application has been submitted to remove part lot control again to facilitate the renewal of the mortgages. COMMENTS The Planning Act gives authority to a Municipality to remove part lot control in a plan of subdivision to permit a person to convey a part of any lot or block of land. A part control by-law was in effect on Block 36 of 40M-1931 (Kilgannon Avenue) beginning December 14, 1998, and expired on December 14, 2003. A part lot control by-law was also in effect on Blocks 32 & 35 of 40M-1815 (Courtice Road) from October 13, 1998, and expired on October 13,1999. In accordance with Subsection 7.3 of Section 50 of the Planning Act, the Part Lot Control By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second by-law to restore part lot control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. 626 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD.051-05 PAGE 3 4.4 This is an unusual circumstance where the properties have merged under one ownership. Other solutions, such as putting properties in separate ownership (one for the husband, one for the wife) would constitute a sale and trigger capital gains tax. After reviewing the situation with the Municipality's solicitor, it is recommended that a further exemption from part lot control be approved with a twenty year timeframe. This is sufficient for the owner's purposes and either parcel can be conveyed at any time. Capital gains would be applicable at the time of any future conveyance. 4.5 No other properties within the blocks will be affected by this part lot control by-law. 5.0 RECOMMENDATION 5.1 In consideration of comments noted above, approval of the removal of Part Lot Control By- law as shown on the attached by-law (Attachment 3) is recommended. 5.2 Staff recommends that the By-law be in force for a twenty (20) year period, following Council approval, ending April 18, 2025. Attachments Attachment 1: Key Map for Courtice Road properties Attachment 2: Key Map for Kilgannon Avenue properties Attachment 3: By-law for Removal of Part Lot Control Attachment 4: Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Mr. & Mrs. Bowman 627 --.---------.------ - BLOC!': 33 PART __-r:.PA.~T 2 ---~==E::1.--- -. PART j t'l PART. 6 ~ ----------" :e F"~~T 9 ~ I "',; rf~AF.T 10 C 't"PA.:nH ..J P,A.RT .14 ~ ~~!l~i- -.--F:::~~;;F--- PART I 19 5 ~ PART ::0. PAA.!.~+ ---p~~~;;r-- I PART 2.:: -LQ.--------- P,t..RT 28 z < PA.~T 29"::"L ;:;.l -------,1'1--:.- .. P,t..F.T 30 oX. PART 3:! ; __r-"~T3", I -I ..1=----L-;;'-~35-- PART :Sf -. ........ ... .. ATTACHMENT I - - I -- -. ...._- ,PART " . - 14 :! .. PART -,. - ., . - -, ! I ~ PART . ... 16 ., PART, I I PART . f 1I?2'~Qll"CII"t PART 7 c <( o 0::: w U ~ 0::: ::) o u I .. PART -\7 7.1U U-7. PART . - 16 ~ PART - 19 .:; 5~ 0 , .. 'i~PART20. I I ..,PART,:r 23 . - . ~ '" . .n..... 5 . PART' 31 - . , ' '" " Ii ~ PART . . f I . .. - .- I I J I I . PART ....24 ~ . SANDRINGHAM DRIVE Courtice Key Map ,. " PART ... 25 ~ .. ~ PART 2. . :t2.1~ f'l -~ -- I ZBA2005-00B Lots Affected By Part Lot Control Parts 5, 6, 7, 8, 19, 20, 21 and 22, Plan 40R-18551 I I I Owner: Lee and Marie Bowman I 628 I III I~~' :'~!So ... I C '2'9$flJ ~'of-23'-';; ~:2.~ M~'of-l31 A'~.63 SI!l 1Pafr?:s- t ......0/.-'3... C'~.!S5 IJIlll, T} ....... . ff76'$2"08< 11"30_000 _ I I I I I I I I I I I I I I I I I I I III 1.!lB' 1.990 18 PIN b- ~" '0 J> ~9::o ':! ~-f Q Z N i N CI! ~ ~ ::.- f:> BLOCK 3.56 -1---- I I I I PCI' I ~ I ... I rPORCH ~ 1-, l .-.L 1- -- -- ~ Ifa..J \ :ft '" Courtice Key Map '""" """ ~ :6 I AITACHME 46" 6. 18 --- 'PBSETI 6.000 18 6.610 -OO81~ b- 'i ~" b- b- " ~" ::0 b-~ ~ ~ b- o. ::0 b-J> ~" 9 Nil :tJ '" '0 ::0 I(;-f z~9 zC! ~ b-J> _:!Q -f :! Q -f "::0 Q " '" it ~ 9 ::. ~ :8 Q ~ ::. m Q-f Q f:> g Z' (JI ~ ,f:> (JI . . ::. --.J . · 36 f:> l__~ L___ 26939 b- ::0" b- ~l> ~" " b- ~ 9::0_ 0::0 I(; -f ~ zi::, -f Q '" 'i~ - Z' N ~::. (JoI . gf:> . .' Cl -cC--- Q:'--- el Cl Pcr PCF I I per I J I i PORCH +#1, ~ ... --[;03 I r- :n~ "'I ~..., co :IJ ... - ... -i ~ fiN I per per .. '" PORCH 'l ~ --r-r "1---, r- -I .. ,.. ... PORCH 0 . ---j -l-- ~ --, '" ... '" .., '" ori '" '" .. '" .. .. l:lOO IPIBSET/ IIlIWIT! i6l726 II/J' K'LGANNON AVENUE 39' J s".r; ZBA2005-008 lots Affected By Part lot Control Parts 2 and 3, Plan 40R-18788 Owner: Lee and Marie Bowman I':?O CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to exempt certain portions of Registered Plan 40M-1815 and 40M-1931 from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, a portion of Block 35 of 40M-1815, Parts 5, 6,7, 8, 19 20, 21 and 22 of 40R-18551 and a portion of Block 36 of 40M-1931, Parts 2 and 3 of 40R-18788, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following iands: a) A portion of Block 35 of 40M-1815, Parts 5, 6, 7, 8, 19, 20,21 and 22 of 40R- 18551; and b) A portion of Block 36 of 40M-1931, Parts 2 and 3 of 40R-18788. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of twenty (20) years ending on April 18, 2025. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT 3 I I I I I I I I I I I I I I I I I I 630 I I I I I I I I I I I I I I I I I I I I ATTACHMENT 4 PART LOT CONTROL EXEMPTION BY-LAW UNIT TYPE AND NUMBER SUMMARY TABLE Registered Plans 40M-1815 and 40M.1931 File: ZBA 2005-008 Lots/Blocks Affected Unit Type & . Results Number Block 35, 40M-1815 Townhouse, 2 units No change pts 5, 6, 7, 8,19,20,21 & 22, 40R-18551 Block 36, 40M-1931 Townhouse, 2 units No change pts 2 & 3, 40R-18788 TOTAL UNITS No Chanae 631 I I I I I I I I I I I I I I I I I I I ~ REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 11, 2005 Report #: OPD-003-05 File#: By-Law #: Subject: CEMETERY BY.LAW AND TARIFF OF RATES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-003-05 be received; 2. THAT the Cemetery by-law revisions as outlined on the proposed by-law, Attachment No.1 be approved; and 3. THAT the rates and fees as outlined on Schedule "A" of the by-law attached as Attachment No.2 be approved; and 4. THAT the by-law be forwarded to the Ministry of Consumer and Business Services for approval. Submitted~:. ;( ~ ~ Reviewed byO~--f~ ;tbr Fred Horvath Franklin Wu, BA, RD.M.R, RRFA Chief Administrative Director of Operations Officer 801 REPORT OPD-003-05 PAGE 2 1.0 BACKGROUND AND COMMENT: Cemetery By-law Staff have completed their review of the existing Cemetery By-law which is long overdue. The by-law revision (Attachment No.1) addresses: 1) The addition of a new columbarium to Bowmanville Cemetery, adding this structure to the definitions, setting restrictions on its use, and to set new rates. 2) Due to soil instability, and for safety reasons, it is recommended that double depth burials will no longer be sold. Only one (1) full burial per lot will be sold. Those who have purchased lots prior to the approval of this by-law revision for double depth burials will be honoured. 3) Regulations have been amended due to an increased use of oversized stands, glass material, wind chimes and extended flower gardens. These have not only become safety and maintenance concerns, but are not in keeping with the cemeteries atmosphere. 4) We have also included an Enforcement Clause, whereby any person who contravenes any provision of this By-law is guilty of an offence and liable upon conviction to a fine as prescribed in the Provincial Offences Act. Staff will also make the Cemetery by-law into an information booklet that will be available to all cemetery users. This booklet will be finalized once the Cemetery by-law is revised and approved by Council. 802 I I I I I I I I I I I I I I 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 OPD-003-05 PAGE 3 Tariff of Rates The attached schedule "A" (Attachment No.2) shows the rates and fees for the Bowmanville and Bondhead Cemeteries. This fee schedule increases the fees for the sale of plots, interment fees and the setting of rates for the cremation niches which are available at the Bowmanville Cemetery. These fees are consistent with other Municipal Cemeteries across the Region of Durham. Attachments: Attachment #1 - Cemetery By-law Attachment #2 - Schedule "A", Tariff of Rates CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 803 Attachment #1 Report OPD-003-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington and to repeal By-Laws 79-104; 81-045; 83-162; 86-030; 89-195; 89-219; 92-077; 93-118; 94-047; 95-106; 96-44 and 2001-112. Whereas the Cemeteries Act (Revised) 1990 provides for the regulation and restriction of use of lands identified as a cemetery; NOW THEREFORE The Municipality of Clarington hereby enacts as follows: - 1.0 DEFINITIONS "Act" means the Cemeteries Act (Revised), R.S.O. 1990, c.4; "Ashes" means the cremated remains of a deceased human body; "Baby Land" means a part of a cemetery designated for infants with a grave no bigger than 24" x 36" (61 em X 91.5 em); "Casket" means the container/coffin in which deceased human remains are interred; "Cemetery" shall include those areas inside the Bowmanville Cemetery and Bond Head Cemetery set aside for the interment of human remains or ashes; "Columbarium" means a structure (a niche wall) designed for the purpose of interring and preserving of cremated remains in sealed compartments (niches); "Corporation" means the Corporation of the Municipality of Clarington; "Council" means the Council of the Municipality of Clarington; "Director of Operations" shall mean the Director of Operations of the Municipality of Clarington or his/her designate; "Disinterment" means the digging, removal and re-interment of a casket, vault or urn; "Holiday" means a Statutory or Declared Holiday as well as any day designated in a collective agreement approved by the Municipality of Clarington; "Human remains" means the remains of a deceased human body; "Interment" means the digging and preparation of the grave, placing of the casket, vault or urn, filling the grave, leveling the ground, and re-establishing the grass; "Lot" means an area of land in the cemetery set apart for the interment of not more than two human bodies in a single or double depth grave; "Marker" means a memorial of granite or such like material with a flat and level surface set flush with the ground placed at the foot or head of the grave; "Ministry" means the Ministry of Consumer and Business Services; "Monument" means a memorial projecting above the level of the ground, including raised markers, placed at the head of a grave; "Municipal Clerk" shall mean the Clerk of the Municipality of Clarington or his/her designate; 804 I I I I I I I I I I I I I I I I I I I I I I I I 2 "Normal Business Hours" means the hours of 8:00 a.m. to 5:00 p.m., Monday to Friday, excluding statutory holidays; "Perpetual Care" means the preservation, improvements, embellishment and maintenance in perpetuity in a proper manner of lots in a cemetery; "Plot" means two or more lots; "Register" means the record of deeds, kept by the Municipal Clerk; "Treasurer" shall mean the Director of Finance of the Municipality of Clarington or hislher designate; "Urn" means the container for cremated human remains; I I I I I I "Vault" means a manufactured fiberglass or concrete shell that the casket is placed into prior to an interment 2.0 DUTIES OF THE CORPORATION The Corporation shall, through its signing officers, execute all conveyances of lots in the Cemetery. The Corporation shall appoint the Municipal Clerk as Secretary of the cemetery. 2.1 DUTIES OF THE DIRECTOR OF OPERATIONS OR HIS/HER DESIGNATE It shall be the duty of Director of Operations or his/her designate to provide control and supervision and have the authority: I I I I I I I I i) To prepare and present the periodic pay sheets. ii) To keep all necessary records of interments, disinterment and removals, and all other necessary records, and submit monthly, to the Municipal Clerk a proper report together with requisite statements. iii) To keep the cemetery, buildings, and fences in good repair and have the general care and custody of the cemetery including the supervision of all employees, the keeping in good order of all walks, drives and grounds, the enforcement of the provisions of this by- law and all lawful directions of the Corporation; provided that before removing any trees or shrubs from a lot, he/she shall, where reasonable, first give notice thereof to the owner of such lot. iv) To give signed orders for all interments and disinterments and to see that all are conducted in a decent and orderly manner and that quiet and good order are at all times maintained and attend every interment and disinterment. 2.2 DUTIES OF THE MUNICIPAL CLERK Subject to the general control and supervision of the Corporation, it shall be the duty of the Municipal Clerk to carry out all the usual duties of a Secretary and the Corporation may designate such other duties to himlher and he/she shall have the authority: i) To make all sales of lots and to keep records thereof, and prepare deeds for execution by the signing officers of the Corporation. Ii) To receive all monies payable to the account of the Corporation for the sale of lots, perpetual care and all monies or property given, devised, bequeathed or set aside for the purpose of the upkeep or care of any lot or portion of a cemetery, and all other monies or property receivable by the Corporation with respect to the cemetery whether by way of gift, bequest or otherwise. iii) To set aside for the perpetual care thirty-five percent, or such greater amount as is from time to time prescribed under the Act, of all monies received on the sale of lots as 805 3 prescribed by the said Act, and to set aside for perpetual care all other monies received for perpetual care, and to set aside for the purpose of the upkeep or care of any lot or portion of a cemetery, any money or other property given, devised, bequeathed or set aside for such purposes, and to invest the same, subject to the approval of the Treasurer, in such securities as may from time to time be authorized by the provisions of the Public Trustees as referenced in the Act. 2.3 DUTIES OF THE TREASURER i) To receive and transfer to the Perpetual Care account of the Corporation all interest received from perpetual care fund investments and all interest and all other income from money invested or from other property given, devised, bequeathed or set aside for the purpose of the upkeep or care of any iot or portion of a cemetery. iii) To prepare and submit to the Corporation a monthly statement of all monies received by him/her, to and for the use of the Corporation and all accounts, in connection with the operation of the Cemetery. iii) To prepare and submit reports to the Minister, at such time and with such information as required by the Act and regulations thereunder. 2.4 EMPLOYEES NOT TO SOLICIT BUSINESS No officer or employer shall canvass or solicit business in connection with any monument or other structure to be erected, or in connection with any work to be done in a cemetery, save and excepting the selling of lots by persons authorized to do so. 2.5 SALE OF LOTS AND CEMETERY SERVICES i) Site Plan The Municipal Clerk shall keep available for inspection by prospective purchasers, maps showing all lots available for purchase. Ii) Charges The charges for lots and for all cemetery services shall be as set forth in the Tariff of Rates appended hereto as Schedule "!'t. iii) Certificate of Interment Rights (Deed) Upon payment in full of the purchase price of a lot, the Municipal Clerk shall prepare a deed, deliver it to the Purchaser and record same in a Register kept for that purpose. iv) Limitation of Deeds The deed of a lot shall convey only the right of burial of human remains therein, and of placing a marker or monument, and such rights shall be subject to the provisions of the Act and regulations thereunder, and of this by-law as amended from time to time, and no purchaser shall acquire any right, title or interest except as aforesaid, or pursuant to the Act or other Acts in that behalf. v) Transfer of Lots Upon the transfer of a lot by the owner thereof, the Municipal Clerk shall upon payment of a fee set out in Schedule "A" Tariff of Rates, prepare and have executed by the owner thereof, or by authorized personal representative of a deceased owner upon satisfactory evidence of their authority, a transfer in duplicate, and shall enter the transferring in the Register and deliver one copy to the transferee and keep the other for his/her records. In the case of a transfer where an owner is deceased, a copy of probate or of letters of administration shall be procured by the Municipal Clerk or a satisfactory statutory 806 I I I I I I I I I I I I I I I I I I I I I I I I 4 declaration with such particulars, including the names and addresses of the heirs and the name and address(es) of the person authorized to sign a transfer. vi) Removals Wherever the owner of a lot procures the removal of all remains from all graves of which he is the owner, and delivers to the corporation the deed to the lot, together with a release of all his interest therein, he/she shall be credited with the amount originally paid without interest, less the charge for removal, or where the removal charges are greater than such amount, he/she shall be charged with the difference. vii) Payments for Perpetual Care Where Not Originally Established I I I I I I I I I I I I I I In the case of lots formerly sold for a price from which no part was set aside for perpetual care, any person may pay to the Treasurer for the perpetual care of any such lot, a sum calculated at the rate as shown on Schedule "A" Tariff of Rates, and perpetual care shall be transferred to the Treasurer, and by him/her added to the perpetual care fund, and in every such case the Treasurer shall prepare and have executed and give to the person making such payment, a receipt of payment for perpetual care. viii) Errors In the event that an error on the part of the Municipality is discovered in a lot reservation prior to the use of the lot for interment, and that lot is no longer available, the Municipality shall: 1) Amend the affected deed of that lot, or other reservation made prior to the enactment of this by-law, so as to provide a lot of equal or greater value and similar location acceptable to the lot holder; or 2) Cancel the lot reservation and refund the full amount paid as evidenced in the Municipality's records. The lot holder shall notify the Municipality of the lot holder's preference within 30 days of the notification of the error; otherwise the Municipality shall be entitled to make the decision. 3.0 FUNERALS AND INTERMENTS i) Burial of Lower Animals No burial of the body of any lower animal than a human being shall be allowed in any of the cemeteries. ii) More than Two in One Lot Due to the instability of the soil, the top of any interment container shall be 36" (91.5 cm) below ground surface for safety reasons. Regardless of the manner in which the grave is prepared only one fully human remains is to be interred in any single lot. For those purchasing lots or plots prior to the enactment of this by-law, double burials will be honoured, but no more than two burials shall be allowed in one lot. Both interments in one lot must each have caskets. iii) Burials on a Statutory Holiday No burial shall be made on a Statutory Holiday except in the case of a written order of the Medical Officer of the Department of Health or the Director of Operations or his / her designate. iv) Burials on Saturday or Sunday 807 5 No burial shall be made on a Saturday or Sunday without payment of an extra charge as set forth in Schedule "A" appended hereto, save and except in the case of a written order of a Medical Officer of Health and in such case the extra charge shall not apply. v) Time of Day When Burials Permitted No funeral shall be admitted to the cemetery and no burial shall be allowed, except between the hours of 9:00 a.m. and 3:00 p.m., local time; provided that a funeral or burial may be allowed at other times by special permission of the Director of Operations or his / her designate and payment of such additional amount as is required as shown on Schedule "A" Tariff of Rates vi) Notice Prior to Burial At least twenty-four hours notice of the date and time desired for a burial shall be given to the office of the Director of Operations or his / her designate during business hours, , and unless such notice is in writing, the Corporation shall not be responsible for errors, and no arrangements will be conducted over a phone. vii) Order for Burial Prior to every burial there shall be delivered to the Office of the Municipal Clerk, by the funeral director, or his/her delegate, a death certificate properly completed with the information therein indicated as being required, whereupon the Municipal Clerk shall issue and deliver to the Director of Operations or his/her designate a burial permit; and no grave shall be opened without the Director of Operations or his/her designate being in attendance. viii) Route of Funeral Funerals within the cemetery shall follow the route prescribed by the Director of Operations or his/her designate. 3.1 MEMORIAL SERVICES Before any Memorial Service is held in a cemetery, the Director of Operations or his/her designate shall be given at least 10 days written notice together with a satisfactory undertaking that the cost of repairing any damage which may be occasioned, will be paid. 3.2 PUBLIC ACCESS Cemeteries shall be open to the public from 8:00 a.m. until sundown or as otherwise designated by the Director of Operations or hislher designate. With the exception of a police constable and employees of the Municipality of Clarington in the performance of their duties, no person shall enter or remain in a cemetery between sundown and 8:00 a.m. without the permission of the Director of Operations or his/her designate. 4.0 CEMETERY SERVICES SUPPLIED BY THE MUNICIPALITY OF CLARINGTON Save as herein otherwise provided, cemetery services available from the Municipality of Clarington shall not be allowed to be supplied by any person and for the purpose of this provision "cemetery services" shall mean all services normally supplied by the Municipality of Clarington and shall include, 1) Cutting grass and general care of lots 2) Planting trees, shrubs and grass 3) Setting grave markers, memorials 808 I I I I I I I I I I I I I I I I I I I I I I I I 6 4) Construction of foundation for monuments and markers 5) Opening and closing of graves 6) Disinterment or removal of human remains Disinterment and Removals No disinterment or removal of any human remains shall be allowed except under the supervision and direction of the Medical Officer of the Department of Health and in the presence of the Director of Operations or his/her designate and upon due observance of all other requirements of the Act and regulations made thereunder. Oversized Shells and Vaults I I I I I I I I I I I I I I Where a shell or vault has a width of more than 2' 6" (0.762 metres), or a length of more than 7' 6" (2.286 metres), the Director of Operations or his/her designate shall not be obliged to permit the burial unless there is sufficient space to accommodate it; and the Director of Operations or his/her designate shall not be obliged to permit the erection of any monument where there is insufficient room left for the foundation. 5.0 MARKERS AND MONUMENTS i) General Permission of Owner No marker or monument shall be placed or allowed to remain without written order signed by an owner of the lot or grave and delivered to the Director of Operations or his/her designate. Permission of Director of Operations or his / her designate No markers, monument or vaults shall be brought into a cemetery or any materials placed or any work done, except at such time and in such manner and in such place as is authorized by the Director of Operations or his/her designate. Removal Order No marker or monument shall be removed without a written order signed by the owner and delivered to the Director of Operations or his/her designate. Inscriptions No inscription which is scandalous, shall be made or allowed to remain, on any marker or monument in a cemetery, and no inscription shall be made without the permission of the owner of the lot. Hours of Work No work shall be done or allowed except between 8:00 a.m. and 5:00 p.m. from Monday to Friday inclusive. All litter and debris and loose earth shall be removed at the time above set forth for cessation of work. To Avoid Damage Due care shall be used, by the use of planks and otherwise, to avoid causing any damage to any path or lawn or to anything within the cemetery. Minor scraping of the base portion of the upright markers due to the mowing operation is considered to be normal wear. In Vicinity of Funeral 809 Ii) iii) 7 No work shall be carried on in the vicinity of a funeral at anytime while such funeral is in process. Behavior of Work Person(s) The demeanor and behavior of all work person(s) employed by others shall be subject to the direction of the Director of Operations or his/her designate; and every such work person shall leave the cemetery when so ordered by the Director of Operations or his/her designate. Removal of Litter The Director of Operations or hislher designate may remove any material, and any litter or debris left. Markers Size Every marker for a single grave shall be of a size as nearly as practicable, of 18" X 24" (45.7 em X 61 em) width, with a thickness of from 3" to 8" (7.6 em to 20.3 em). Location Every marker shall be placed only by employees of the Municipality of Clarington and the surface shall be level and without projections and shall be flush with the ground. No more than one marker is allowed on one grave, and no marker is allowed at the same end as a monument. Monuments Materials Every monument shall be made of bronze, granite, marble or other durable stone used for that purpose with no vertical joint and no ornament of stone, metal or other material attached thereto. All monuments shall be mounted only on a stone or concrete base or footing and the base or footing shall be constructed by the Municipality of Clarington and set flush with the level of the adjoining ground. Size No monument shall exceed 48" (122 em) in height, including base or footing, above the level of the adjoining ground, and: - When located on a lot shall not exceed 10% of the lot area - When located on a plot, the base shall not exceed 14" X 38" (35.5cm x 96.5 em). Location A monument shall be located at the head of a lot or plot and no more than one monument shall be allowed on one lot or on one plot save and except that Council may, at their discretion and from time to time, upon application, permit more than one monument on a plot. Notice to the Municipality of Clarington There shall be delivered to the office of the Director of Operations or his/her designate, at least two weeks prior to the date desired for the erection of a monument, an order in 810 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I vi) vii) viii) 8 writing with the information thereon indicated, including the dimensions of the monument, and the order for the foundation. 6.0 REGULATIONS MADE UNDER THE AUTHORITY OF THIS BY.LAW i) Flowers, Shrubs and Ornamental Trees Unbreakable fiowerpots may be placed and flowers planted at the front of a grave not more than 12" (30.5 cm) from the marker or monument. Floral stands are to be of a single leg support type and may not exceed 48" (122 cm) with no more than two stands per monument. The arms of the stand must not project into the maintenance area. Extra stands will be removed. Floral tributes left on a grave at the time of interment shall be removed within ten (10) days under the direction of the Director of Operations or his / her designate. Shrubs and ornamental trees must be in alignment with and close proximity to the marker while flowering plants must be grown only in front of the marker, provided that the bed extends no more than 12" (30.5 cm) from the marker, and maintained solely by rights holder. Maintenance involves pruning to limit height of trees to 48" (122 em), and laterally to within the boundaries of the right holders lot. Flowering plants must be weeded and watered. Failure to meet these criteria may result in assuming the holders duties to have been abandoned. The plants may then be removed and discarded on the direction of the Director of Operations or his/her designate. ii) Glass or Other Items No lettered boards, signs, items made of glass in whole or in part, crockery items or wind chimes are allowed to be left on graves. iii) Winter Wreaths No winter wreaths shall be permitted on a grave or lot after the first day of April in any year and up to the last day of October following, and any box, container, wreath, etc., so placed shall be removed by the Director of Operations or his/her designate. iv) Young Children No children under or apparently under the age of twelve shall enter or be within any cemetery grounds except when under the proper control of an adult. Vehicles No person shall drive an automobile or other. vehicle anywhere in a cemetery other than on a designated road or lane, with the exception of vehicles or equipment necessary for the operation and maintenance of the cemetery. No person shall drive a vehicle at a speed of more than 15 kilometres per hour. Parade and Procession No person shall take part in any parade or procession within a cemetery, except a funeral procession, without approval by Council. Watering Cans Visitors are expected to return watering cans to the place of origin at or beside the water tap. 811 9 ix) Enforcement Any person who contravenes any provision of this by-law is guilty of an offence and liable upon conviction to a fine as prescribed in the Provincial Offences Act. 7.0 REPEAL OF BY.LAWS By-Laws 79-104; 81-045; 83-162; 86-030; 89-195; 89-219; 92-077; 93-118; 94-047; 95-106; 96-44 and 2001-112 are hereby repealed. 8.0 EFFECTIVE DATE This by-law shall take effect on the date of approval by the Ministry of Consumer and Business Services. By-law read a first and second time this 18th day of April 2005. By-law read a third time and finally passed this 18th day of April 2005. John Mullon, Mayor Palli L. Barrie, Municipal Clerk 812 I I I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE "A" TO BY-LAW 2005- CEMETERIES - TARIFF OF RATES I 1. SALE OF PLOTS Type of Lot Dimension Dimension 40% Rate 7% GST Total Bowmanville Bondhead Perpetual I Care Rate Sinole 3'X9' 3' X9' 400.00 1000.00 70.00 1070.00 Babvland 1.5' X3' 1.5'X3' 140.00 350.00 24.50 374.50 Cremation 2'X2' 2'X2' 140.00 350.00 24.50 374.50 I 2. SALE OF CREMATION NICHES Columbarlum Niche Size Rate 7% GST Total I Sinole'(jncludino Plaoue) 12"X 12" X 12" 800.00 56.00 856.00 Double Oncludina Plaoue) 12"X 12" X 12" 1200.00 84.00 1284.00 3. INTERMENT I Rate 7% GST Total Adult - Sinole Deoth 550.00 38.50 588.50 Adult - Double Deoth 690.00 48.30 738.30 I Infant I Child 200.00 14.00 214.00 Cremation 200.00 14.00 214.00 Niche Wall 100.00 7.00 107.00 I 4. DISINTERMENT CHARGES Rate 7% GST Total Disinterment (adult) including reburial at 911.21 63.79 975.00 I the same location or at another location in the same cemetery Disinterment (adult) for burial at another 771.03 53.97 825.00 cemetery I Disinterment (child) including burial at 572.90 40.10 613.00 another location in the same cemetery Disinterment (child) including reburial at 514.02 35.98 550.00 I same orave or different cemetery Disinterment (infant/cremation) including 247.66 17.34 265.00 reburial at another location in the same cemetery I Disinterment (infant/cremation) including 169.16 11.84 181.00 reburial at same grave or different cemetery I 5. HOLIDAY AND OTHER SURCHARGES Rate 7% GST Total Interment on Saturday, Sunday and 281.31 19.69 301.00 I Statutory Holidavs (fee is additional) Disinterment for double depth burial (fee is 181.31 12.69 194.00 additional) I Rental for lowering Device, set up and 68.22 4.78 73.00 dressino Provincial License Fee (except for 10.00 .70 10.70 cremation) I Cremation Interment on Saturday, Sunday 100.00 7.00 107.00 and Statutory Holidavs (fee is additionall . I 6. MONUMENT FOUNDATIONS AND SETTING MARKERS Rate 7% GST Total Monument foundation (flat fee) 234.58 16.42 251.00 I Flat Marker Foundations (f1atfee) 142.06 9.94 152.00 813 7. TRANSFER I Fee 8. PERPETUAL CARE 59.81 4.19 64.00 44.86 3.14 48.00 15.891 1.11 I 17.00 1 Rate 7% GST Total 112.15 7.85 120.00 56.07 3.93 60.00 14.02 .98 15.00 814 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Cl~mgron REPORT COMMUNITY SERVICES DEPARTMENT Meeting: General Purpose and Administration Committee Date: April 11, 2005 Resolution #: Report #: CSD-04-05 File#: By-law #: Subject: 2005 MARCH BREAK EXTRAVAGANZA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-04-05 be received for information. ReviewedbQ~~ Franklin Wu Chief Administrative Officer Submitted by: J eph P. Caruana rector of Community Services JPC/BT/SM/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-04-05 PAGE 2 1.0 BACKGROUND 1.1 For the 22nd consecutive year the Municipality of Clarington offered a March Break program to its residents. This year's version of the March Break Extravaganza included Day Camps at Rickard Recreation Complex and Courtice Community Complex for 4 -12 year olds; a Trip Camp for 8 -14 year olds which picked up participants at both locations, and new this year, we offered a Sports Camp for 8-14 year olds at the South Courtice Arena. 1.2 Interested camp participants had the convenience of registering for an entire week or by the day, which allowed parents to mix and match between day camp, sport camp and trip camp, developing their own customized camp experience. 1.3 Program promotional flyers and registration forms were distributed in the Winter and the Spring editions of the Community Guide and also distributed through the Kawartha Pine Ridge District School Board. In addition, a letter was sent to all Summer Day Camp participants at the end of August 2004 promoting upcoming programs including the March Break Extravaganza. Extensive use was made of Page 2 in the Canadian Statesman. As well, several banners were placed throughout the community centres promoting the camps. 1.4 Although the core hours of the program were from 8:30 - 4:30, an extended hours service was provided by the Department to allow working parents to drop their children off at each Complex as early as 7:30 a.m. and pick them up as late as 5:30 p.m. each day. Program staff was scheduled to provide on-site supervision of children accessing this service. Parents and caregivers found this service extremely helpful during the week as it was accessed on 150 occasions. 1.5 By offering the two day camps, sport camp and the trip camp, a total of 22 job opportunities were created for youth, all of whom are candidates for future employment in our Summer Day Camp Program. The March Break Camp had a total of 16 returning staff and 6 new staff. To assist in the hiring process this year, the department held a pre-selection night for new potential staff. Applicants who demonstrated qualities of leadership, and were certified in Standard First Aid and CPR were invited to the evening in which they were briefed on the camp program, philosophy and the expectations the department would have of them as counsellors. In addition each applicant was required to come prepared to teach a game or song to the rest of the group. This process allowed the department to assess the interpersonal, communication and leadership skills and abilities of potential staff. Applicants who displayed the appropriate skills were then invited back for an interview. This process proved to be beneficial to the hiring process. The quality of the applicants was exceptional this year, creating a pleasant dilemma in regards to hiring. 1.6 Successful staff attended two training sessions prior to camp. This year the camp staff had the opportunity of attending the new CSI Training session provided by our Customer Service team. This session was found to be very informative and a useful tool for our staff. The camp staff team proved to be of a 1002 I I I I I I I I I I I I I I 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.: CSD-04-05 PAGE 3 good mix of experienced and new staff with everyone bringing their own skills and expertise to the program. With the leadership experience the new staff gained during March Break Camp and the large number of returning staff; the department has a strong foundation for an excellent team for the summer camp program. In addition, the community has benefited through the development of some excellent positive young role models. 2.0 DAY CAMP 2.1 The March Break Day Camp operated at the Garnet B. Rickard Recreation Complex, and the Courtice Community Complex. Each day had a theme and participants took part in a variety of activities including arts & crafts, games and special events planned around the theme, as well as swimming and skating. The feedback from parents and participants confirmed that the program was well organized and full of activities to keep everyone busy. 2.2 A comparison for 2004 and 2005 Day Camp participation is recorded on the table below. Registration at the Rickard Camp experienced growth over last year; however the Courtice Camp registration was down slightly. Courtice Rickard Total Courtice Rickard Total Com lex Com lex Com lex Com lex MONDAY 46 36 82 40 43 83 TUESDAY 52 44 96 44 43 87 WEDNESDAY 50 42 92 46 46 92 THURSDAY 53 43 96 50 45 95 FRIDAY 48 36 84 52 45 97 249 201 450 232 222 454 TOTAL 3.0 DAY TRIPS 3.1 As with the Day Camp Program, interested participants could choose to participate in these activities for either the full week or on a daily basis. Staff chose destinations, which provided a safe, enjoyable atmosphere for all of the participants, as well as a mix of local and non-local attractions: Monday: Kids Zone Laser Tag & Chuck E Cheese Tuesday: Air Zone & Roller Gardens Wednesday: Tubing at Lakeridge Ski Resort Thursday: CN Tower & Hockey Hall of Fame Friday: Putting Edge & Cineplex Odeon Theatres 3.2 The trip to Lakeridge Ski Resort was a definite favorite of the campers. It was a beautiful day, which made for some crowded hills however it was still a great experience for all. 1003 REPORT NO.: CSD-04-05 PAGE 4 3.3 Participants had the option of choosing Courtice CC or Rickard RC as their pick up and drop off location. Parents were also able to access the extended hours services at either location, if required. 3.4 The registered participation in the trip camp program is recorded on the table below. To ensure the safety of each child, the maximum number of campers was capped at 40 this year, to ensure an 8:1 camper-counsellor ratio and to ensure that everyone had a seat on the bus. <...,,,.....,~ I""'} . .. 9004..>>.>.. . < "......> i.').' < Courtice Rickard Total Courtice Rickard Total Como lex Complex Complex C'omolex MONDAY 28 12 40 21 19 40 TUESDAY 28 12 40 21 19 40 WEDNESDAY 29 11 40 21 19 40 THURSDAY 27 13 40 22 18 40 FRIDAY 28 12 40 22 18 40 140 59 200 107 93 200 TOTAL 4.0 SPORTS CAMP 4.1 This year the Municipality offered a Sports Camp for 8-14 year olds at South Courtice Arena. As with the other camps, participants had the option of registering for individual days or for the entire week. Each day had a sports related theme and participants took part in a variety of activities including tournaments, special events, swimming, skating and a trip to the Bowmanville Indoor Soccer Centre. The feedback from parents and participants confirmed that the program was well organized and full of activities to keep everyone busy. 4.2 Below is a table detailing the registration numbers for the week at Sports Camp. The maximum number of campers for this location was 25. With this being the first year that such a camp was offered the number of participants is encouraging and should only improve for the summer camp program. South Courtice Arena MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY TOTAL 22 23 20 20 19 104 1004 I I I I I I I I I I I I I I 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.: CSO-04-05 PAGE 5 5.0 COMMENTS 5.1 The Community Services Department was able to offer a varied, safe and exciting program for our local residents. This year proved to be one of the best March Break Camps the department has offered. The part time staff were exceptional, well organized, enthusiastic and dedicated. They constantly displayed excellent customer service skills, which tended to alleviate any potential incidents and issues. 5.2 A March Break review was held with staff the week after camp. Each camp supervisor and counsellor was given five minutes to provide their evaluation of their March Break experience. Topics ranged from staff selection, to training, the facility, program, teamwork and camp specials. Much lively discussion ensued and many new and unique ideas were discussed to improve our future camp programs. 5.3 The program will continue to accommodate as many individuals in the Municipality of Clarington as possible. The department continues to revise and improve the program each year, achieving the underlying goal of providing a quality program at a reasonable fee. 1005 I : C!iJ!1l!glon I I I I I I I I I I I I I I I I REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 11 , 2005 Report #: CLD-12-05 File#: By-law #: Subject: PRIVATE PARKING ENFORCEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council thefollowing: 1. THAT Report CLD-12-05 be received; 2. THAT the by-laws attached to Report CLD-12-05 to appoint parking enforcement officers for private property be forwarded to Council for approval; and 3. THAT Jason Overholt, Ashlee Hardy, Andrew Clarke, Angela Kinghan, Allan Easson, Mathew Alexander, Valiant Property Management and P.R.O. Security Investigation Agency Inc. be advised of Council's actions. Reviewed bY:O ~ ':::tJk. Franklin Wu, Chief Administrative Officer Submitted by: PLS*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-12-05 PAGE 2 of2 BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. Valiant Property Management has recently changed the security company that will be responsible for the Clarington Centre located at 2377 Highway #2 and 100 Clarington Blvd. in Bowmanville. Valiant Property Management wishes to hire P.RO. Security & Investigation Agency Inc.to perform the enforcement duties on site as they relate to Handicapped, Fire Route and Visitor Parking offences at this site. P.RO. Security & Investigtion Agency Inc. (Valiant Property Management) has approached the Municipality and requested that officers from P.RO. Security & Investigation Agency Inc. be authorized to issue parking tickets on their property at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville. The officers P.R.O. Security & Investigation Agency Inc. is proposing for the Clarington Centre are Jason Overholt, Ashlee Hardy, Andrew Clarke, Angela Kinghan, Allan Easson, and Mathew Alexander. In order for these officers to be able to perform these duties they must be appointed pursuant to the Police Services Act as Parking Enforcement Officers. P.RO. Security & Investigation Agency Inc. is aware that once appointed these officers must attend at the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: 1 By-law to Appoint Jason Overholt as a Parking Enforcement Officer for Private Property 2 By-law to Appoint Ashlee Hardy as a Parking Enforcement Officer for Private Property 3 By-law to Appoint Andrew Clarke as a Parking Enforcement Officer for Private Property 4 By-law to Appoint Angela Kinghan as a Parking Enforcement Officer for Private Property 5 By-law to Appoint Allan Easson as a Parking Enforcement Officer for Private Property 6 By-law to Appoint Mathew Alexander as a Parking Enforcement Officer for Private Property INTERESTED PARTIES: Valiant Property Management P.RO. Security Investigation Agency Inc. . CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1102 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 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint Individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Councii of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Jason Overholt, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Jason Overholt is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this day of April 2005. BY-LAW read a second time this day of April 2005. BY-LAW read a third time and finally passed this day of April 2005. John Mullon, Mayor Palli Barrie, Municipal Clerk 1103 ATTACHMENT 2 I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and 1104 I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Ashlee Hardy, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Ashlee Hardy is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Ciarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this day of April 2005. BY -LAW read a second time this day of April 2005. BY-LAW read a third time and finally passed this day of April 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk I I I I I ATTACHMENT 3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Andrew Clarke, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Andrew Clarke is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this day of April 2005. BY -LAW read a second time this day of April 2005. BY-LAW read a third time and finally passed this day of April 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1105 ATTACHMENT 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Angela Kingham, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Angela Kingham is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY.LAW read a first time this day of April 2005. BY-LAW read a second time this day of April 2005. BY -LAW read a third time and finally passed this day of April 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1106 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 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Allan Easson, as a Parking Enforcement Officer for the soie purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property iocated at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipaiity of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Allan Easson is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Ciarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-iaw shali come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this day of April 2005. BY-LAW read a second time this day of April 2005. BY-LAW read a third time and finally passed this day of April 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1107 ATTACHMENT 6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Mathew Alexander, as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Clarington Blvd., Bowmanville, in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Mathew Aiexander is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 Highway #2 and 100 Ciarington Blvd., Bowmanville, in the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this day of April 2005. BY-LAW read a second time this day of April 2005. BY-LAW read a third time and finally passed this day of April 2005. John Mutton, Mayor Patti Barrie, Municipai Clerk 1108 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .-l,. ' , ',' ""<'-~":_"/ ' '. "'"4. ,;', """t> ,",. .,....">..,,.,;. '(1 ,'- ,~ -i ,-' .'< -.1> }:E :~4,,'f<:; ^-~p _';',~J:-:. ) .. .. .~, .. .. "~~" -"- '",;,','t", REMRT ,- ':,' .Of'->:;:" -'~_" ",'i "':,.' ,,:,._,,"" '" - ,~, ",;"",,- /,.,' ,. ,j'" '. "', '~. ,;;",;,' , ,,"~TtS '~"PMTMEJfI' .:i " '1 I!4eeting: Oa;tr. Report Ii '-i-', ", ".l', GENERAL PURPOSE AN8:_AJSTAATlONOOMMtTt:SE ,'.. - .. ..', .. .. .. "'/:~;-';_~:<';.,~o_:'~<:_::'_ April 11. 2005 <f-, ", ~t ' .. - '~:k;["~- COD-016-05 FIfct.t:""", B I .. " r~ Y.M ,,' -'"',,''' Subject: .. ,~ l- 1774 Rudell Read - Farm," Recommendations: -" ,:Ci,:" .. It is respectfully recommend8d to Council ~jJj~l :~!19: }i<:,;....',:::>': 1. THAT Report COO-016-05 be receb1!fd;, : 2. THAT the lease agreement (Attad4~,_~ ~ $1,000.00 for a tenn to comrnerw,:e:; ,', approved', and " , " "'" ' ' ::<i~, ",-;"",-,:":".-i, 3. 6:~U::=: :-=::,=~~ed~l8"'the6llWorand :>f,;,,~:,:l'-c," ii:: :-;<,~, .. r. MM\LABIId ._.HB~.e..~;t~~:o dn. Director of Corporate Serv_ ' CtiI$f Adminlstratlve Officer "-:?nt:,~. - ,:.,t-- '- O'! ; ;:_~~:''';~.}",i .'.,...cC..".,....c'..t,.., ,- ,. '-I '"-"1 -,-,;'J-;,':;',_::<'-" ;,-, ~;.. ,:"i-.,.':,:{\ '-':,....-,..j :';:y ..'.- ,',:f(' -,-~-<? A f" "r ......'.'-..,.:...-.''''...}'.,..:.,.:. '. ;c_>::.n:_ - ::':".cR.,;::,':;.' :';:f:'~iL-: 1201. , . ~t i:~ REPORT NO: COO-016-05 PAGE 2 BACKGR9~ND AND C~ Browview Farms had previously leased fle subject premises {Part1Ql\'l&p~ion Plan OR302420)frorn902714 Ontario Limited. As the Municipality dGesoOt require immediate use of the lands, Which are !kllIIignated forthe Newcastle~Q)rnmunity Park, it is recommended thatthe property continue to befal'l1leGfor "".,2005 ~n. This will eliminate any maintenance such as weedcoJ'ltroI required by _Municipality. The proposed agreement is for atota! fee of $1,000.00 afld is.ctocommence immediately and to expire October 15, 2(105.The tenant WOliId begiv~thef\rst.option for a 2nd year only if the Municipality does not require the lands. 1202 I I :-.~ I I I I I I I I I I I I I I I I I, ;,".'_'U' r I I I I I I I I I I I I I I I I I ~cc W'"c:":'-' -'l ~ . ,.,," :.('; , ATfACI1MENT1 j/ of. . 'jJ THIS FARM RENTAl. AGREeMIltfn ~:"8e of the <laid BE1WEIN: i- ,,;,,:\:~<:~,.~!t - .- ~.'~')<-:_> .r', "-""-~:"''''''''-:' , :- '. ~~rFNWI (hereinafWr.r'.JiId to.. the "T...., ,'- ':V:;j'" - . ',- - . .', ,,' OF TfcfEARST PART -and- '-! " -.'." 1'~; . [e "-,.f'.: ~''0,_:, THE co."" OF THE . MUNIC~. CLARlNGTON (herelnalii:~~ to as the "landJord"),' -'',fr:>.= . ':1.,',.:,'- ,_. '-'," .~' " <I' ."J'< -,jt'-' OF THE $ECOND PART ;-,] WHEREAS the Landlord is the ... jf~mately3C) ~'of,~ land .Iocated on 1774 Rudell Road Part, Lot It. ~~elMkm 1, form&{ TOIMihiP.of ~e, County of Dufham, now Municipality ',.;.'" ., RegIpnaI, "'~1Ilydf Qudwn, more ~ d8JCl'ibed as Part 1 OR'. ,,' .', 'PIan DR3Q2420 ('Ibe -Landlord's Lands"). A portion of the Landlord's! Tn * tableIanc;S. ~ for farming (the "Premins"); , " " . '.'-~~~ AND WHEREAS the Tenant ~8:8ed the Prwnise. _ 902714 Ontario Inc., the predecessor in title ufli1k', " . for the $lWPOsel.of pIenting and =~~":.=::::~1:ru:.~v:::===.~ "- ' ':"--":':'::_:i~t~:-,:,::< -' ';"'-:_">'_-. ",:,".' AND WHEREAS the parties fle...,f. _Isd to enter tmo. "'FMn Rental Agreement for the pt.lrpo&eS of definlnQ ~ ,I irmpeCtive rights end obI1g,o.,., in respect of the Premises ' " ' ' oJ .,~..... "--;,-' y .>' '/-:_:-' ;-~F: ' ." " 0 .C .' .J' ._ .. . .. .-, NOW THEREFORE in COfl$id&o "iIln~'AI;1e~";~~ of Two ($2.00) DoIlarspaidb)'eac:h part)'U> ....i'theteeeipt ~ is~ b)' ea.ch of them,' ,~partfe$hereto agJ'8Cl ~_.;" '. <i-''-c...'.. ....,.. ..,~:-., ~. .' " 1. Tn. Lanc:tIord ,.hereb)'.leasesthe~~.J!kL!..~ttMt. "enaot~ ttw.~ ~ and oondltiOrls:, ,. ,>! ' " , ,c,>..: ~., "<Yo '0 ~:- .:;~{t.>~.o'; _ i' bY' 1263 (a) Page 2 Tenn to c:ornmenoeir11mediately8nd tei'mfnating onWUber'1'$;.2006; (b). Rent- $1000.00payableinad~ontheexecution ofthis.~' Agreement; . (c) (d) (e) (f) 2. This Fann Rental Agreement shalt terminate on October 15, .2C1G5'~ the tenn is extended by written agreement of the. Landlord liInd,Tetiant. All crops to be off the prel'ni$es.lIQ tater thliln October 15, 2OOS; The Tenant shell use the Premi8es only for the purpose Qfplantfng8nd harvesting farm crops on its own account. The Tenant hereby agrees not to use atrazene pesticide or any'otherSlrnillilr product. The Tenant hereby agrees to pay aII.property taxes based. GnFann Property Class.assessment. The Tenant hereby pennits the Landlord,its employees, contractClr$.OOft~ and agents to enter on the Premises for the purpose of making emlil~tlte assessments of the Premises or the l.andIord's Lands, and for the ~Of exploratory work thereon as is con8idered necessary by the Landlon:li:t~ to maintain the Premises, .provided that the Landlord shall fIrst.giVe' the T..,. Written notice of its intent to enter on the Prer~lites not le$sthan ten (10) dayttandstlallrestore the Premises to the condition they were in Prior to enteringuponthem.ShoI.fId the. Municipality of Clarington ~ire soli testing prior to October 15.2005.'.__ Cilf' $500.00 or damage incurred to.crop, whicheYer is.., will be PIlJli~totheTenant. 3. 4. 5. 6. Landlord: The Corporation of the MuniClpal!tyof C~ 40 TemperenceStreet ' BowmatWllle. Ontario, . L 1C 3A6 Attlilntionz Purchasing Manager Fax No.: (905l62~ I'. . ,;--.:.: ., I I I I I I I I I I I I I I I I I , 1204..~,..... ...1 '''ti __-- :"fJ I I I I I I I I I I I I I I I I I I J....... '" ", " i'j ~,j .'1 ~ ;1 ~j AND TO: Tenant: , ;\~"'-.':- ",' {:~ Browview FilltfMr RR#8,56'8__Moad N8WC88118, Ofjlt: lot . L1B 1L9 . . '.; Telephone: (.) .,,"74 ,.~< (/"' -,. ,,'--.," -..-, . or such othertelefax number or add'r'.11C#1wiNCI\1be Teneottlll,T nc..1I"d the Landlord in writing. Any such notice iilil~'.jf or IY!'IUI. ,Or 1___'" be deemed goad and sufftclent notice l'IQ"'r "'tell_or_ ,.... R..- A9reement.nd If tefefaxed or dell\aGit~ 4:30 p'"': on ., ~8$ day (excludli'1g Saturdays, Sundays and "..,ho/ld'ap) ... itss., to nave been received at the time of delivery .1ii~.,.I111en ancUhn.d\8dbf~ registcmKJ mali, it shall be deemed to,hu,_. an feCeived on the third bu!idness day (excluding Saturdays, Sundays lUll',. '1toI!dQI) ~".".ng thereof. Notwithstanding the to that it ..r_rfl8~Y anticipSted that due to force majeu . . will not be receilIedwithln the time limit setout above, then such"" '~IT' be sent by an elI8ma1emeena of tran$poltatlon which may reasonablyJ:$ ~*lfated wDtC8USf" ~ to be received reasonabIy~by_.~'8.., '. ".. .. .. ,,',.. _.. '...._..,..,<_..,.... ',n,_," _,_,' .......,....,_. IN WITNESS WHlftEOF'the pert_'.l.", duly ltX8CQIld ",'111m Rental Agreement as of this day of ,2005., ':' SIGNED, SEALED AND DELIVERED ==~~=TQJt ) , " ) . , .' )~1. Mayor ~ ,,:' .,;F " ) p,I\:ll'" MunlcllpetQert ~. ~ .:i >L " )a~IIFARM8 ) c "; )~, ) , :''sI''1(t1 BIQwn I"" ... authority to.t:llndthe Corporation. ,-.:,,.,-,: 1 206: Al1ACHMENT2 BY-LAW 2005- Being a By-law to authorize ac;:ontrad beiW$en the Corporation of the MuniJ:jpality ofClariogton andB~ Farms, to enter into agree~t tor the lease of 1774R~1l Road, Part ,lot 31, Conces$ion 1,formel':TownshipotC~. County of Durham' .now Municipality ()f Cl8r1ngton,~iot~ Municipality Durham, more particularly described as Part 1<qn , Expropriation Plan DR30242{). ' THE CORPORATION OF THE MUNICIPALITY (:)FCLARINGTONI-U:RlEa'fENACTS AS FOllOWS: 1. .. . . THAT the Mayor ancfClerk a~ herebyauttlorlzedto ~~,~~If of the Corporation of the Municipality of Cl8rington and seal with the COq')Qratipn seal, a contract betwlilef\,BrowvieW Fa~and said Corporation; 4Vld 2. THAT the contract attached hereto as Schedule "A" form partofthl$BY-IaW. By-law read a first and sec;:ondtirne this <2ayof , 2005. By-law read a third time and finally passed.ltlis day of ,2005. . John Mutton, Maypt Patti L. Barrie, MWlltlpafClerk I I I I I I I I I I I I I I I I I I 1206 ".L . .~"" -.i;......; .~ I I I I I I I I I I I I I I I I I I I RE'PORT CORPORATE SERVICESDEPAATMENT Meeting: Date: GENERAL PURPOSE ANO ~N'STRAT'VE COMMITTEE Monday, April 11th, 2005 Report#: COD-017-o5 Fife # By-law # SUBJECT: RFP2005-5 - BROOKHILL "~OURHOOD secONOARYPLAN AND URBAN DESIGN GUK)E....S Recommendations: It is respectfully recpmmended to Council the f~, 1. THAT Report COO-o17..()5 be received; 2. THAT The Planning Partnership. Torontl:I,~ with a total bid in the amount of $148,500.00 Including disbursements (plus GST). bel!I$the~ most responsibillbidderm8!Jllng all terms, conditions and specifications of Request for, PrQposal RFP2005-5., be a~ the contract for the consulting services for the BrookhIlI ~ Secondary Plan and uman Design Guidelines as required by the Planning ~Oepartrnent; 3. THAT the required funds be drawn frOl'lfUlePlanning peparlment Consullln9Budget Account # 1oo-50-130-x-7160 with fmancing as provldecl..the body ofthlS reportend; THAT the attached By-law marked S~~~. 8UI~ the Mayor and CIe(k to executa the necessary agreement be approved. -~~ . ~~~ H:..Se. c.~ ~~ OS J. Cro~, M.C.I.P., R.P.P. Dinlctor of Planning Services ~ ~ ~.Idh.. · /rl Nancy Taylor, B.B.A., C.A., Director of Finance 4. R.evk3wed~)~Q-J. - C-I'k. ,. . rankfin WU, Chief Administrative Officer MMlLABllcf 1207 REPORT NO.: COO-G17-()S PAGE 2 BACKGROUND AND COMMENT A Request for Proposal was issued for providing Consulting Services for the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines ,lnd three (3) proposals were submitted as per Schedule "B" attached. As Stipulated in the proposal docUlllElJ1ts. proponents were evaluated based on the following criteria:. . Previous Related Project Experience . OMB Experklnce · Consultants ability and capacity to periorm work . Time line suitability . Key personnel . Approach to study . Ability to communicate . Working knowledge in ClaringtonlRegion of Durham . Overall impression . Proposed fees and hourly rates As per the Request for Proposal document, the consultant selections were made on the basis of written proposals, interviews and references. After review of the submissions by the selection committee, two firms W8f8selected for an interview, The Planning Group and Joseph Bogdan & Associates. It was mutuaUy89reed that the bid from The Planning Partnership, Toronto, Ontario, with a total bid in the amount of $148,500.00 including disbursements (plus GST), meeting all terms, conditions and specifications of Request for Proposal RFP2005-5, be awarded the contract fOr the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines as required bY the Planning Services Department. The Brookhill Neighbourhood Study Area is comprised of twO parts. Part One, which is the South Brookhi1l Neighbourhood which is currently identified as Brookhill Neighbourtlood in the Official Plan. Part Two is the North BrookhiU Neighbourhood which is thel$ndsnorth of the future. Longworth Avenue extension. Due to the savings to be achieved by doing both areas simultaneously, it is recommended that the award be made for both parts. 1208 I I I I I I I I I I I I I I I I I I I. ;<'(1)<' II , I I I I I I I I I I I I I I I I I I 'oi. REPORT NO.: COD.Q17-C15 PAGE 3 BACKGROUND AND COMMENT (confd) The funding shall come from the Planning Dfpa..,n consulting budget account # 100.-50-130- X-7160. The funding sources are as follows: . Carried over 2004 Planning Cons~f4nds of $26,819.10 held inProfessionall"ees Reserve . Development Charges General Go~tReserve Fund,$121,68a.9Q. The Director of Finance has reviewed .tI'l&. fUnding requirement. and concurs with the recommendation. Queries with respect to_~needs. specification$,. etc., should be referred to the Director of Planning Services. The subject firm has provided a similar satistacloryservice for both the Town of Markham.and the Town of Ajax. Attachment" A" Attachment, "B" By.iaw authorizing coatnJctWlth The P1aMing Partnership Bid Summary ~ CO . 40 TEMPERANCE STREET, BOWMANVILLE, SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW 2005- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and The P1annirtg Partnership, Toronto, Ontario, to enter into agreement for the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTONHEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the COrporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, The Planning Partnership, Toronto, OI'Itario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "An form part of this By-law. By-law read a first and second time this day of By-law read a third time and finally passed this day of ,2005. ,2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1210 I I I I I Ii I I I I I I I I I I I I J.", ".,< .- ,c. ",' ,',,' II I I - I I I I I I I I I I I I I I I 'I" .. -c ,,: '/v.... ..~.~ -j' . ,;'-..> ;--"'.--' SCHEDULE "S" J. Bkl....ary 1 RFP 20Q5-5 Brookhlll ~ Seconctary'Plan And Urban ~ GWdeHnes Sid The Planning PartnelWtip Limited Toronto. Ontario '. T.f' AinMnt ;'tDCIUdIn I)tel)uMm&... Plus B.a.T. . _._,,' .... __,',__ __.....,..._. _," ',._'__ .. __ .. _,N ,__' ','.. $148,SOO.(Xh' rllf& South . s~ly $176.000.00 ,Southflrst North:SUbs uent $155,420.00 -south $57,245.00 Notth(Jf scheduled separ,ate from South) $14.150.00NoI'th . ~with SQUtlt $149.991.00 Soutla' . $250,000.00 . :NortIlASouth simuttaneously $110,000.00 North $4.000.00~~~Law ~ JO$.$Ph9()9dan'Associates Toront(),Ollta!'io . Brook ~Iroylnc. Toronto,Ontarlo ,-' .., 12M I I I I I I I I I I I I I I I I I I .J.