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Clarington
Enelgizing Ontario
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GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
April 25, 2005
TIME:
9:30 A.M.
PLACE:
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
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(a)
Minutes of a Regular Meeting of April 11 , 2005
301
4. PRESENTATIONS
(a) Mark Kolberg, Baird & Associates, Coastal Engineers regarding the
Port of Newcastle Waterfront Plan Report EGD-14-05
5. DELEGATIONS
(a) Dan Stike, Strike, Salmers and Furlong regarding PSD-055-05
(b) Libby Racansky regarding the Greenbelt Act Report PSD-056-05
(c) Ron Hooper, Bowmanville B.I.A., regarding permission to put banners
on poles in the Downtown Core and request to use municipal outline
6. PUBLIC MEETINGS
No Meetings
.......
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379
G.P. & A. Agenda - 2- April 25, 2005
....... PLANNING SERVICES DEPARTMENT
7.
(a) PSD-053-05 - OMB Decision on Appeals by Halloway Holdings Ltd. 601
and Towchester Developments Limited
(b) PSD-054-05 - Monitoring of the Decisions of the Committee of 620
Adjustment for the Meeting of April 14, 2005
(c) PSD-055-05 - Request for Reduction of Application Fees 626
Owner: Mr. & Mrs. Tomina
Applicant: Strike, Salmers and Furlong
(d) PSD-056-05 - Greenbelt Act and Greenbelt Plan 630
(e) PSD-057-05 - Places to Grow 643
Draft Growth Plan for the Greater Golden Horseshoe
(f) PSD-058-05 - Confidential Report regarding Property Matter
8. ENGINEERING SERVICES DEPARTMENT
''-- (a) EGD-12-05 - Monthly Report on Building Permit Activity for 701
March, 2005
(b) EGD-14-05 - Port of Newcastle Conceptual Waterfront Plan 706
9. OPERATIONS DEPARTMENT
No Reports
10. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-006-05 - Monthly Response Report - March 2005 901
11. COMMUNITY SERVICES DEPARTMENT
No Reports
12. CLERK'S DEPARTMENT
(a) CLD-14-05 - Private Parking Enforcement 1101
(b) CLD-15-05 - Animal Services Quarterly Report- 1110
""" January to March, 2005
G.P. & A. Agenda
- 3-
April 25, 2005
.......
(c) CLD-16-05 - Appointment of Municipal Law Enforcement Officer-
Animal Services
1113
13. CORPORATE SERVICES DEPARTMENT
(a) COD-018-05 - CL2005-6, Surface Treatment & Asphalt Surface 1201
Treatment Pulverizing
(b) COD-019-05- TenderCL2005-7 1203
Part A - Supply & Haul Granular A & B Gravel
Part B - Haul, Stockpile and Spread Granular A Gravel
(d) COD-020-05 - CL2005-3 Hunt Street/Albert Street 1205
Reconstruction and Duke Street Improvements
14. FINANCE DEPARTMENT
No Reports
15. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
,,,", No Reports
16. UNFINISHED BUSINESS
(a) Addendum to
PSD-155-04 - Amendments Proposed to Official
Plan Amendment No. 39
Port Darlington Neighbourhood Secondary Plan
1501
17. OTHER BUSINESS
(a) Lisa Kelly, Assistant Manager Personal Financial Services, RBC 1601
Royal Bank - request to hold barbeque for Variety Village.
18. ADJOURNMENT
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Cll1!ilJgtoo
General Purpose and Administration Committee
Minutes
April 11, 2005
Minutes of a meeting of the General Purpose and Administration Committee held on Monday,
April 11 , 2005 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Also Present:
Mayor J. Mutton .
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Manager of Transportation and Design, L. Benson
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Financerrreasurer, N. 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
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #GPA-168-05
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the minutes of the regular meeting of the General Purpose and Administration Committee
held on March 29, 2005, be approved.
CARRIED
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301
General Purpose and Administration Committee
DELEGATIONS
(a)
Cathy Abraham, Chairperson, Newcastle Community Hall Board, spoke on behalf of the
Board regarding the Community Guide. The Board requests that their ad be grouped with
the ads for the other hall/banquet facilities. To keep them grouped together would ensure
fairness to each facility. Additionally, Ms. Abraham stated that the list of Banquet Halls had
been moved from the Community Guide to Our Neighbourhood - Local Government guide.
The Board feels that the list does not belong in the publication and it should be placed back
in the Community Guide.
(b)
Bob Craig and Tony Vissers spoke in regards to Report PSD-049-05. Mr. Craig mentioned
that he and Mr. Vissers were available to answer questions of the Committee Members.
(c)
John Laracy regarding Report PSD-049-05 was called but was not present.
Councillor Schell chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject:
Applicant:
Report:
Application to Amend the Zoning By-law 84-63
Tim and Doris Taxis
PSD-047-05
David Crome, Director of Planning gave a verbal report pertaining to Report PSD-047-05.
Eugene Van De Walker, spoke in opposition to Report PSD-047-05. Mr. Van De Walker objects to
the wording "Home-Based Occupation" and he would like to know if the subject property is going
to be used for commercial uses or an in house office. He is not opposed to the site being zoned
commercial.
No one spoke in support of the application.
Martin Topolie spoke on behalf of the applicant. Mr. Topolie stated that the applicants have
applied for a permit and finished an addition to the existing structure. There will be a maximum of
five office employees working at the home office. All construction equipment has been stored in
proper outdoor storage buildings which comply with the zoning by-law. Mr. Taxis spoke in regards
to the sign permit which he obtained from the Ministry of Transportation of Ontario.
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General Purpose and Administration Committee
Minutes
April 11 , 2005
PLANNING SERVICES DEPARTMENT
REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING DWELLING
APPLICANT: TIM AND DORIS TAXIS
Resolution #GPA-169-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-047-05 be received;
THAT the application submitted by Martin Topolie on behalf of the Taxis be referred back to Staff
for further processing; and
THAT all interested parties listed in Report PSD-047-05 and any delegations be advised of
Council's decision.
CARRIED
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE
MEETING OF MARCH 24, 2005
Resolution #GPA-170-05
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report PSD-048-05 be received;
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.
CARRIED
CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION
APPLICANT: 1494392 ONTARIO LIMITED (VISSERS SOD FARM)
Resolution #GPA-171-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-049-05 be received;
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303
General Purpose and Administration Committee
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;
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 Report PSD-049-05 and that the necessary
by-law contained in Attachment 3 to Report PSD-049-05 be passed; and further that the amendment
be forwarded to the Regional Municipality of Durham for approval;
THAT the Regional Municipality of Durham Planning Department be sent a copy of Report
PSD-049-05; and
THAT all interested parties listed in Report PSD-049-05 and the Regional Municipality of Durham
Planning Department be advised of Council's decision.
CARRIED
TWO ADULT SCHOOL CROSSING GUARDS
MEADOWGLADE ROAD AT ROBERT ADAMS DRIVE, COURTICE AND LONGWORTH
AVENUE AT BROOKINGS STREET, BOWMANVILLE
Resolution #GPA-172-05
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-050-05 be received;
THAT an Adult School Crossing Guard be approved for the location on Meadowglade Road at
the north-east corner of Robert Adams Drive, Courtice;
THAT an Adult School Crossing Guard be approved for the location on Brookings Drive and
Longworth Avenue, Bowmanville; and
THAT all interested parties listed in Report PSD-050-05 and any delegations be advised of
Council's decision.
CARRIED
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General Purpose and Administration Committee
Minutes
April 11 , 2005
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: LEE PAUL BOWMAN AND MARIE VALENTINE BOWMAN
Resolution #GPA-173-05
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report PSD-051-05 be received;
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 attached to Report
PSD-051-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-051-05 and any delegation be advised of Council's
decision.
CARRIED
ENGINEERING SERVICES DEPARTMENT
There were no reports considered under this section of the agenda.
Councillor Trim chaired this portion of the meeting.
OPERATIONS DEPARTMENT
CEMETERY BY-LAW AND TARIFF OF RATES
Resolution #GPA-174-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Report OPD-003-05 be received;
THAT the Cemetery by-law revisions as outlined on the proposed by-law, as Attachment NO.1 to
Report OPD-003-05, be approved; and
THAT the rates and fees as outlined on Schedule "A" of the by-law, as Attachment No.2 to
Report OPD-003-05, be approved; and
THAT the by-law be forwarded to the Ministry of Consumer and Business Services for approval.
CARRIED
-5.
305
General Purpose and Administration Committee
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no reports considered under this section of the agenda.
Councillor Robinson chaired this portion of the meeting.
COMMUNITY SERVICES DEPARTMENT
2005 MARCH BREAK EXTRAVAGANZA
Resolution #GPA-175-05
Moved by Councillor MacArthur, seconded by Councillor Schell
THAT Report CSD-04-05 be received for information.
CARRIED
Councillor Foster chaired this portion of the meeting.
CLERK'S DEPARTMENT
PRIVATE PARKING ENFORCEMENT
Resolution #GPA-176-05
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report CLD-12-05 be received;
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
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.
CARRIED
Mayor Mutton chaired this portion of the meeting.
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306
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General Purpose and Administration Committee
Minutes
April 11, 2005
CORPORATE SERVICES DEPARTMENT
1774 RUDELL ROAD - FARM AGREEMENT
Resolution #GPA-177-05
Moved by Councillor Trim, seconded by Councillor Schell
THAT Report COD-016-05 be received;
THAT the lease agreement (Attachment 1 to Report COD-016-05) with Browview Farms in the
total amount of $1,000.00 for a term to commence immediately and to expire October 15, 2005
be approved; and
THAT the by-law attached to Report COD-016-05 as Attachment 2 be approved authorizing the
Mayor and Council to execute the necessary agreement.
CARRIED
RFP2005-5 - BROOKHILL NEIGHBOURHOOD SECONDARY PLAN AND URBAN DESIGN
GUIDELINES
Resolution #GPA-178-05
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report COD-017-05 be received;
THAT The Planning Partnership, Toronto, Ontario with a total bid in the amount of $148,500.00
including disbursements (plus GST), being the lowest most responsible bidder meeting all terms,
conditions and specifications of Request for Proposal RFP2005-5, be awarded the contract for the
consulting services for the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines
as required by the Planning Services Department;
THAT the required funds be drawn from the Planning Department Consulting Budget Account
#100-50-130-x-7160 with financing as provided in the body of Report COD-017-05; and
THAT the By-law marked Schedule "A" to Report COD-017-05 authorizing the Mayor and Clerk to
execute the necessary agreement be approved.
CARRIED
FINANCE DEPARTMENT
There were no reports considered under this section of the agenda.
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307
General Purpose and Administration Committee
Minutes I
April 11, 2005
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CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT
There were no reports considered under this section of the agenda.
UNFINISHED BUSINESS
DELEGATION OF CATHY ABRAHAM, CHAIRPERSON, NEWCASTLE HALL BOARD
Resolution #GPA-179-05
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of Cathy Abraham, Chairperson, Newcastle Hall Board be referred to staff.
CARRIED
OTHER BUSINESS
There were no items considered under this section of the agenda.
ADJOURNMENT
Resolution #GPA-180-05
Moved by Councillor Foster, seconded by Councillor Pingle
THAT the meeting adjourn at 9:57 a.m.
CARRIED
MAYOR
DEPUTY CLERK
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CI~ilJgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Report #: PSD-053-05
File #: COPA 2003-003 and
ZBA 2003-015
By-law #:
Subject:
OMB DECISION ON APPEALS BY HALLOWAY HOLDINGS LIMITED AND
TOWCHESTER DEVELOPMENTS LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-053-05 be received for information.
~ 0 ,f,r-,
Reviewed by: U ^-P p. - '--'\...J ~
Franklin Wu,
Chief Administrative Officer
Submitted by:
D i . Creme, MCIP, R.P.P.
Director of Planning Services
RH/CP/DJC/df
19 April 2005
CORPORATION OF THE MUNICIPAliTY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
601
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602
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REPORT NO.: PSD-053-05
PAGE 2
1.0 BACKGROUND
1.1 On April 2003, Halloway Holdings Limited and T owchester Developments Limited
submitted Official Plan amendment and rezoning applications for three sites in north
Bowmanville. At the northeast corner of Middle Road and Longworth Avenue, the
applicant proposed to delete the Local Central Area and replace the commercial
permission with medium density townhouse development. At the northwest corner of
Liberty Street and Longworth Avenue, the applicant proposed to reduce the commercial
permission and replace the high density permission within the Local Central Area with
medium density townhouse development. On the southwest corner of Liberty Street
and Longworth Avenue, the applicant proposed to replace the high density permission
within the Local Central Area with medium density townhouse development. Appeals
were filed to the Ontario Municipal Board for failure by the Municipality to make a
decision on these applications within 90 days.
1.2 The purpose of this report is to summarize the decision for the public.
2.0 OMB HEARING AND DECISION
2.1 Council approved minutes of settlement on January 31, 2005, which were presented to
the OMB at the hearing on March 8, 2005. The OMB issued its decision on April 1,
2005 as follows.
· The Local Central Area at Middle Road and Longworth Avenue has been deleted
with the commercial permission being replaced with a medium density designation.
. The high density permission has been retained on the northwest corner of Liberty
Street and Longworth Avenue. Maximum height and density have been increased to
6 storeys and 100 uph respectively, consistent with the high density policies of the
Official Plan. The current commercial and office f100rspace permissions have been
retained, but the applicant does not have to construct the entire amount of
designated f1oorspace.
. On the southwest corner of Liberty Street and Longworth Avenue, the density has
been reduced from high to medium density.
. The OMB also approved implementing zoning for each site.
2.2 A copy of the OMB decision is contained in Attachment 1.
Attachments:
Attachment 1 - O.M.B. Decision
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ATTACHMENI 1
ISSUE DATE:
Apri/1, 2005
DECISION/ORDER NO:
0764
'05APR04 PM 3:55:23
PL0401.?4
......
Ontario
Ontario Municipal Board
Commission des affaires municipales de "Ontario'
.ii
Halloway Holdings Limited and T owchester Developments Limited have appealeiftc:l'the'Ontarlo _
Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan
for the Municipality of Clarington to redesignate lands respecting Part of Lots 11 and 12,
Concession 2, Municipality of Clarington to permit medium density residential and commercial
uses
OMB File No. 0040033
Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario
Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law
84-63 of the Municipality of Clarington to rezone lands respecting Part of LOIs'1t"t:lna..,12,.._
Concession 2, Municipality of Clarington to permit medium density residential a .~minm--~" - <, 't..P';'~c1:;'
uses 't\.t.~h '"''
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OMB File No. Z040019 - liCK. BY ",... __~
. ~.....~........
APPEARANCES: ORICJ.!tAl TV:... _-~---'~
S T(J:'" -~..~"'~~.:,~...
Parties
:-;}'--"
~/~~_~:
Counsel
Hal/oway Holdings Limited and
Towchester Developments Limited
L. J. Townsend Re lJd _--/.1--..,
f ,~-::--1
.........._-"~.; ----I
Municipality of Clarington D. C. Hefferon~__,,~..r-"---j
. ~ ~-:----,'- . ""-,-...._-: . _ i. .,----'"
MEMORANDUM OF ORAL DECISION DELIVERED BY J. RUif(~-.:.-..
J. FLINT ON MARCH 8. 2005 AND ORDER OF THE BOARD ' ..Jr:; ,.....;..,.;
At the outset of the hearing, the Board was informed that the parties had reached
a settlement.
Mr. Richard Holy, a Senior Planner employed by the Municipality of Clarington,
provided professional planning evidence in support of proposed Official Plan
Amendment No. 40. In his opinion Amendment No. 40 has regard to the Provincial
Policy Statement and represents good planning.
Mr. Holy reviewed proposed Zoning By-laws 2005-34, 2005-35 and 2005-36
being by-laws to amend Comprehensive Zoning By-law 84-63. In his opinion the
603
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PL040124
Zoning By-law Amendments conform to the Regional Municipality of Durham Official
Plan and the Clarington Official Plan with the proposed amendment.
Mr. Bryce Jordan, a qualified planner, provided professional planning evidence
on behalf of Halloway Holdings Limited and Towchester Developments Limited. Mr.
Jordan supported the planning evidence of Mr. Holy and in his opinion the proposed
Official Plan Amendment and Zoning By-law Amendments represent good planning.
No one spoke in opposition.
_ _ Base!toJlJ!1e evi~n~_~!"1~' Holy and Mr Jordan the Board finds that the Official
Plan Amendment has regard to theProvlnClaTP--6Iicy-Statementand represents-good_-
planning.
Based on the evidence of the two qualified planners the Board finds that the
Zoning By-law Amendments conform to the Official Plan of the Regional Municipality of
Durham, the Clarington Official Plan with the proposed amendment and represent
proper and good planning.
The Board Orders that the appeal is allowed, and the Official Plan for the
Municipality of Clarington is amended as set out in Attachment 1 to this Order.
The Board Orders that the appeal is allowed and By-law 84-63 is hereby
amended in the manner set out in Attachment 2, Attachment 3 and Attachment 4 to this
Order.
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J.R.AKER
MEMBER
"J. Flint"
J. FLINT
MEMBER
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SCHEDULE 1
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ATTACHMENT 1
AMENDMENT NO. 40
. TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to delete the Middle Road ILongworth Avenue
Local Central Area designation and replace it with Medium Density Residential,
and to allow a redistribution of planned land uses with the Liberty
Street/Longworth Avenue Local Central Area.
BASIS:
Thi.s.amendment is based-On an application by Halloway-Holdings l:.imitedand..
Towchester Development Limited, which has been reviewed by the Municipality
of Clarington. including a public meeting under the Planning Act. The
Municipality and the applicant have mutually agreed to the revised amendment.
AMENDMENT: .
1. The Clarington Official Plan is hereby amended as follows:
By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the
housing targets in Bowmanville in the Elgin Neighbourhood No,7 by increasing
the Medium Density units in the Residential Area from "50. to "150",; and in the
Central Areas decreasing the medium density from "125" to "50., and decreasing
the High Density units from "75" to "0", In the Knox Neighbourhood increasing
from "125 to "250" the Medium Density units in the Residential Area; and in the
Central Areas by reducing the Medium Density units from "125 to "50" and
increasing the High Density from "75" to "175"; and making appropriate
adjustments to totals for each neighbourhood, the Bowmanville Urban Area and
Total so that the neighbourhood housing targets are as follows:
Table 9.2
Housing TalJiets by Neighbourhood
Urban Area Housing Units
Neighbourhoods .
Bowmanville Residential Areas Central Areas Intensification Total
Low Medium Hiah Medium High .
N7 Elgin 1025 150 50 50 0 150 1425
N9 Knox 1450 250 0 50 175 125 2050
Total 13125 3200 875 1225 1950 1800 22200
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2. By amending Table 10-1 Local Central Areas to adjust the Libertyl
Longworth Local Central Area housing units by increasing the Medium
Density from"SO' to "100" and increasing the High Density from "1 SO' to
"17S" and by deleting the Middle/Longworth Local Central Area as follows:
Local Central Area Retail Office Housin Units
Locations Floorspace Floorspace Medium High
(sq.m.) (sq.in.) Densi Densi
3000 500 100 175
4WG WG HQ G
Public
Square
Requirement
Yes
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3. By amending Map A3 - Land Use Bowmanville Urban Area as shown on
Exhibit "A"; and
....4; .Syamending MapE~- NeighbourhoodJO'Jarming.Unit 8owmal1Ville.l.J[!:!~1}
Area as shown on Exhibit "B";
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan regarding the implementation
of the Plan shall apply in to this Amendment.
INTERPRETATION:
The provision set forth in the Clarington Official Plan regarding the interpretation
of the Plan shall apply in regard to this Amendment.
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,- EXHIBrr"N
AMENDMENT No. 40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A3, LA~D USE. BOWMANVILLE URBAN AREA
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EXHIBrr -eo
AMENDMENT No. -40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP E2, NEIGHBOURHOOD PLANNING UNfTS, BOWMANVlLLE URBAN AREA
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ATTACHMENT 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-034
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law.
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended,of the former Town of Newcastle to
permit the development of medium density residential uses in accordance with
application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation ofthe
Municipality of Clarington enacts as follows:
1. Section 14.6 .SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3)
ZONE" is hereby amended by adding thereto the following new Special Exception
14.6.25 as follows:
"14.6.25 URBAN RESIDENTIAL EXCEPTION (R3-25) ZONE
Notwithstanding Sections 2, 14.1, and 14.4, those lands zoned R3-25 on the Schedules
to this By-law shall only be used subject to the following zone regulations:
a) Definition
i) Dwelling, Stacked Townhouse
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit has a
separate entrance and fronts either on an improved public street or on a
private street.
b) Permitted Residential Uses
i) link townhouse dwelling, and
ii) stacked townhouse dwelling
c) Regulations for Residential Uses
i) Density (max)
60 units per hectare
. ii) Lot Frontage (min)
13.5 metres
609
iii) Yard Requirements
a) front yard to an improved public
street or private street
b) exterior side yard to an improved
public street or private street
c) interior side yard (min)
d) interior side yard separation
between buildings without
common wall (min)
e) rear yard (min)
f) rear yard separation between
buildings (min)
iv) Dwelling Unit Area (min)
y) ... bQ!J:;~'{er~g~ i'!l~)()
vi) Landscaped Open Space (min)
4.5 metres (min) - 7.5 metres
(max)
4.5 metres (min) -7.5 metres
(max) .
7.5 metres
3.0 metres
7.5 metres
15 metres
85 square metres
40 percent
40 percent
vii) Building Height (max)
10.5 metres
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"General Commercial (C1) Zone" to "Holding - Urban Residential Exception
((H)R3-25) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March. 2005.
Ontario Municipal Board
610
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This is Schedule" An to By-law 2005- 034,
passed this day of .2005 A.D.
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~ Zoning Change From "C1" To "(H)R3-25"
John Mutton. Nay<<
Patti L Borrle. Municipal Clerk
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ATTACHMENT 3
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-035
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington .
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
permit the development of retail commercial and high density residential uses in
accordance with application ZBA 2003-015.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is
hereby amended by adding thereto the following new Special Exception 16.5.38 as
follows:
"16.5.38 GENERAL COMMERCIAL EXCEPTION (C1-38) ZONE I
Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the
Schedules to this By-law shall also be subject to the following zone regulations:
ii) Retirement Home
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation
rooms; and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the. Aged and Rest Home Act.
Definitions
i) Front Lot Line
For the purposes of measuring the front yard to a building containing I
permitted residential uses within a "C1-38" Zone, the front lot line shall be
deemed to be the lot line abutting the improved public street municipally
known as Liberty Street. I
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a)
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2
b) Permitted Residential Uses
i) apartment building;
ii) nursing home;
iii) retirement home; and,
iv) senior citizens' apartment building.
c) Regulations for Residential Uses
i) Density (max)
100 units per hectare
ii) Yard Requirements
a) front yard
4.5 metres (min) - 7.5 metres
(max)
7.5 metres, where this yard abuts
a residential zone
..c)_ reat}'.l'lI:cl(mjnL_..-.....__ _.~__.__._......~.__. 7.5 metres
d) setback from a building containing residential uses -~'-"-15 metres'
e) setback from a building containing non-residential uses 20 metres
b) interior side yard (min)
iii) Lot Coverage (max)
iv) Building Height (max)
40 percent
18 metres
v) Where the building exceeds a height of 12 metres, the yard requirements
contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be
increased by 1 metre for each additional full metre, or part thereof, of height
added to the building height.
d) Notwithstanding Section 16.1, a convenience store may be constructed and used
on the lands zoned C1-38 on the map contained in the Schedule attached to and
forming part of this By-law.
e) Permitted non-residential uses shall be developed in accordance with Section
16.3 and the following provisions:
i) Non-Residential Floorspace (max)
a) Retail Commercial Uses 3,000 square metres, and
b) Office Uses 500 square metres
ii) Additional Yard Requirements
a) Depth of area between building 30 metres
and south lot line (max)
b) Depth of area between building 90 metres
and north lot line (min)
2.
Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
613
3
"Holding - General Commercial ((H)C1) Zone" and "Holding - Urban Residential
Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1-
38) Zone"
as shown on the attached Schedule "A" hereto.
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March, 2005.
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Ontario Municipal Board
614
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This is Schedule"A" to By-law 2005-035,
passed this day of . 2005 A.D.
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_ Zoning Change From I(H)C1" To "(H)C1-38"
John Mutton. t.layor
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ATTACHMENT 4
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-036
being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to
permit the development of medium density residential uses in accordance with
application ZBA 2003-015.
. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1.
Section 14.6 "SPECIAL EXCEPTIONS- URBAN RESIDENTIAL TYPE THREE (R3)
ZONE" is hereby amended by adding thereto the following new Special Exception
14.6.26 as follows:
"14.6.26 URBAN RESIDENTIAL EXCEPTION (R3-26) ZONE
Notwithstanding .sections 2, 14.1, and 14.4, those lands zoned R3-26 on the Schedules I
to this By-law shall also be subject to the following zone regulations:
a)
Definitions I
i) Dwelling, Stacked Townhouse .
Shall mean one of a group of three or more dwelling units which are
separated vertically and/or horizontally, provided that each dwelling unit has a I
separate entrance and fronts either on an improved public street or on a
private street. ...
ii) Retirement Home .
Shall mean a residential building constructed and used to accommodate
either or both individual retired persons, or couples one of whom is retired,.
where each private bedroom or suite has separate washroom facilities and a
separate entrance from a common hall, and common facilities are provided
for the preparation and consumption of food. Common lounges, recreation I
rooms, and short-term medical care facilities may also be provided. The term
retirement home includes a home for the aged as defined by the Homes for
the Aged and Rest Home Act. I
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b)
c)
Permitted Residential Uses
i) link townhouse dwelling;
ii) nursing home;
iii) retirement home;
iv) senior citizens' apartment building; and,
v) stacked townhouse dwelling.
Regulations for Nursing Home, Retirement Home, and Seniors' Citizens
Apartment Building
i) Density (max)
ii) Yard Requirements
a) front yard
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c) interior side yard (min)
d) rear (min)
iii) Lot Coverage (max)
iv) Building Height (max)
60 units per h~ctare
4.5 metres (min) - 7.5 metres
(max)
4.5 metres (min) - 7.5 metres
...(maxr...... .~..........."
1 0 metres
1 0 metres
40 percent
12 metres
d)
Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings
i) Density (max)
ii) Lot Frontage (min)
iii) Yard Requirements
a) front yard to an improved public
street or private street
b) exterior side yard to an improved
public street or private street
c) interior side yard (min)
d) interior side yard separation
between buildings. without
common wall (min)
e) rear yard (min)
f) rear yard separation between
buildings (min)
iv) Dwelling Unit Area (min)
60 units pet hectare
13.5 metres
4.5 metres (min) - 7.5 metres
(max)
4.5 metres (min) - 7.5 metres
(max)
7.5 metres
3.0 metres
7.5 metres
15 metres
85 square metres
617
v) Lot Coverage (max)
vi) Landscaped Open Space (min)
vii) Building Height (max)
40 percent
40 percent
10.5 metres
2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - Urban
Residential Exception ((H)R3-26) Zone"
as shown on the attached Schedule "A" hereto.
3. .. ScneaOle"A"aftacnea-hereto shalffom;.partofthlsBy-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW passed by the Ontario Municipal Board this
day of March,2005.
Ontario Municipal Board
618
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This is Schedule"A" to By-law 2005-036 ,
passed this day of . 2005 A.D.
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 25, 2005
Report #: PSD-054-05
File #: A2004/057, A2005/009 and A2005/010 By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 14, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-054-05 be received; and
2. THAT Council concurs with the decision of the Committee of Adjustment made on April
14, 2005 for applications A2004/057, A2005/009, and A2005/010; and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
Reviewed by:
O~~
Franklin Wu,
Chief Administrative Officer
BRlCPIDC/df
18 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 F (905)623-0830
620
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REPORT NO.: PSD-054-P5
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 summarized below.
1.2
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
APRIL 14, 2005
Application Number Staff Recommendation
Decision of Committee
A2004/057 Approve
Approved
A2005/009 Approve
Approved
A2005/010 Approve
Approved
2.0 COMMENTS
2.1 A2004/057 was originally heard and approved at the November 25, 2004 Committee
meeting. A variance to reduce the side and rear yard setback for an accessory
structure was granted at that time. Proper notification of the decision and appeal
process were not sent to all interested parties. As this is a requirement of the Planning
Act under section 45.10.c, the application was heard again by Committee. The
Committee approved a reduction in side and rear yard setback for an accessory
structure from 1.2 metres to 0.29 metres
2.2 A2005/009 was an application to increase the lot coverage for a farm structure from a
permitted 9.5% to 12.75%. The applicant is proposing a 6,049 m2 addition to an
existing greenhouse operation. The proposed addition would be towards the south of
the property, and be no closer to the side yard property lines than the existing
structures. A previous variance had been granted in 2001 to increase the lot coverage
from 5% to 9.5%. Three (3) residents contacted Planning staff with concerns regarding
the proposed greenhouse development. The majority of their concerns are regulated
through the Farm and Food Production Protection Act, and could not be addressed by
the Committee of Adjustment under the Planning Act application. Other concerns
raised are regulated by the Ministry of the Environment, and again, not within the
Committee's mandate to regulate. The owner informed the Committee that the
proposed structure contains a modern, automated watering system, which actually
decreases the amount of water used by the operation. Committee approved the
increase in lot coverage by farm buildings to 12.75%
2.3 Application A2005/010 was a request to reduce the minimum distance separation of a
non-farm related new lot to an existing livestock facility from 300 metres to 160 metres.
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REPORT NO.: PSD-054-05
PAGE 3
This application is a condition of approval for the land division application on this site.
The livestock building is currently being used temporarily to house a neighbour's
livestock (cattle). The distance separation requested was measured to the property line
of the proposed lot, thus the setbacks for a new home on the proposed lot would not be
more restrictive than the zoning by-law. Committee approved the reduction in minimum
distance separation as the 160 metre setback satisfies the Ministry of Agriculture and
Food's Minimum Distance Separation.
2.4 Staff has reviewed the Committee's decisions and is satisfied that the applications that
received approval are in conformity with the Official Plan policies, consistent with the
intent of the Zoning By-law and are minor in nature and desirable. Council's
concurrence with the Committee of Adjustment's decision is required in order to afford
Staff's 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
622
ATTACHMENT 1
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APPROVAL TO REDUCE THE INTERIOR SIDE YARD SETBACK & REAR YARD I
SETBACK FOR AN ACCESSORY STRUCTURE FROM 1.2 M TO 0.29 M AS IT IS MINOR
& DESIRABLE IN NATURE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING I
BY-LAW.
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
MACDONALD,STEPHEN
MACDONALD, JOYCE
226 RICHFIELD SQ." COURTICE
PART LOT 30, CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
A2004/057
FILE NO.:
PURPOSE:
TO REDUCE THE REQUIRED SIDE YARD AND REAR YARD SETBACKS FOR AN
ACCESSORY BUILDING FROM 1.2 METRE TO 0.29 METRES.
DECISION OF COMMITTEE:
DATE OF DECISION:
April 14, 2005
LAST DAY OF APPEAL: May 4,2005
623
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Leadingt~
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
BROWN, GERALD
BROWN, GERALD
56 BROWVIEW RD., , CLARKE
PART LOT 32 33 34, CONCESSION 2
FORMER TOWN(SHIP) OF CLARKE
A2005/010
FILE NO.:
PURPOSE:
TO REDUCE THE REQUIRED MINIMUM DISTANCE SEPARATION FROM A LIVESTOCK
BUILDING FROM 300 METRES TO 160 METRES TO PERMIT THE CREATION OF A
NEW NON-FARM RESIDENTIAL LOT.
DECISION OF COMMITTEE:
APPROVAL TO REDUCE THE REQUIRED MDS FROM A LIVESTOCK BUILDING FROM
300 M TO 160 M TO PERMIT THE CREATION OF A NEW NON-FARM RESIDENTIAL
LOT AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: April 14, 2005
LAST DAY OF APPEAL: May4,2005
624
FILE NO.:
D.G. BIDDLE & ASSOCIATES L TO.
Witzke Greenhouses
1621 PEBBLESTONE RD." COURTICE
PART LOT 31, CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
A2005/009
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Leading ,1.!Jgtn.
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT THE EXPANSION OF AN EXISTING GREENHOUSE OPERATION BY
INCREASING THE TOTAL LOT COVERAGE FROM THE PERMITTED 9.5% TO 12.75%.
DECISION OF COMMITTEE:
APPROVAL OF THE INCREASE IN LOT COVERAGE FOR AN AGRICULTURAL
BUILDING FROM 9.5% TO 12.75% AS IT IS MINOR AND DESIRABLE IN NATURE AND
IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW
DATE OF DECISION: April 14, 2005
LAST DAY OF APPEAL: May 4,2005
625
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
. Report #: PSD-055-05
File #: PLN 20.5
By-law #:
Subject:
REQUEST FOR REDUCTION OF APPLICATION FEES
OWNER: MR. AND MRS. TOMINA
APPLICANT: STRIKE, SALMERS AND FURLONG
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-055-05 be received;
2. THAT a reduction or waiving of any application fees for a temporary use to permit the
Tomina Golf Driving Range located in Part Lot 26 Concession 2 Former Township of
Darlington (2735 Hancock Road) NOT BE GRANTED; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Reviewed by:
O~~~~
Submitted by:
Davi . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Franklin Wu,
Chief Administrative Officer
HB/FLfDJC/df
19 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
626
627
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REPORT NO.: PSD-055-05
PAGE 2
1.0 BACKGROUND
1.1 A golf driving range is located at the northeast corner of Highway No.2 and Hancock
Road at 2735 Hancock Road. The OMS first granted zoning permission for this
temporary use in 1999. This original zoning permission expired on September 23,
2001. Council passed a second temporary use by-law in April 2002 permitting the
driving range for another 3 years. This permission expired on April 2, 2005.
2.0 REQUEST
2.1 In recognition of the fact that the existing zoning permission would soon expire, and that
a new application for zoning approval would be necessary, the owner's solicitor
prepared a letter for Council's consideration (Attachment 1). This correspondence
requested that application fees associated with applying for another temporary zoning
by-law be waived. If Council would not support waiving the fees altogether, it was
requested that the fees be reduced to a fee that would cover Municipal expenses for
preparing and sending out the necessary notices as required by the Planning Act.
2.2 It was the applicant's original intention to apply for a permanent rezoning of the lands.
However, in that the lands are now situated within the Protected Countryside of the
Greenbelt Plan, and with the continued uncertainty of the location of the 407/401
connection, a request has been made for an extension to the temporary use
permissions.
3.0 STAFF COMMENTS
3.1 Application fees are to offset anticipated costs to the Municipality in processing an
application. These costs include staff time, administration costs (paper, printing,
envelops and mailings) and may even include overhead. It is recognized that the actual
cost of processing any individual application will vary from the prescribed fee.
Application fee for a rezoning, including a temporary rezoning, is presently $1819.00
(includes GST). A temporary rezoning requires a public meeting and public notice in
accordance with Section 34 of the Planning Act, costs to be covered by the application
fee.
3.2 The temporary use by-law expired on April 2, 2005, and zoning of these lands have
reverted back to the original zone being Agricultural (A). The use of the lands for a golf
driving range and associated uses is not a permitted use in the Agricultural (A) zone.
An application to permit a golf driving range as a temporary use has not been received
to date. The golf driving range is presently operating without appropriate zoning
permissions.
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REPORT NO.: PSD-055-05
PAGE 3
.4.0 CONCLUSION
4.1 Staff do not recommend that the zoning application fees be waived or reduced.
4.2 The owner should make an application to permit the driving range on a temporary basis
before May 15th, 2005. If a complete application is not received by that date, Municipal
Enforcement Officers will be requested to initiate a zoning investigation on the subject
lands.
Attachments:
Attachment 1 -Correspondence regarding Tomina Driving Range
List of Interested parties to be notified of Council's decision:
Dan Strike, Strike, Salmers and Furlong
Mr. and Mrs. Tomina
628
ATTACHMENT 1
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Strike, Sahners and Furlong
Barristers & Solicitors
'~AI1 8:01:18
~GcND~
38 King Street West
P.O. Box 7, Bowmanville, Ontario L1C 3K8
. Allan W. Furlong
Ronald R.M. Strike Catherine L. Salmers
Dan M. Strike RJ. Ford
Practising in association, not a partnership
A. Alan H. StrIke (RetIred)
W. Ross Strike (1895 - 1987)
905-623-5791
Fax: 905-623-8336
February 24, .2005
Municipality of Clarington
40 Temperance Street
BowmanviIIe, ON
LIC 3A6
RECEJVEO
F I
E8 2 8 200::,' I
~UTY OF ClARfNGiONf
flAVOR'S OFFICE ,
~
Bowmanville
Attention Mavor and Members of Council
Dear Sir and Madam:
,I
RE:
Tomina Driving Range
NIE Corner of Highway No.2 and Hancock Road
I represent Mark Tomina who owns and operates the Driving Range at the comer of Highway 2
and Hancock Road in Courtice. The use of the property as a driving range was originally approved
on a three (3) year temporary basis by the Municipality in 1998 and confirmed by the OMB in
1999. In 2002, Bylaw No. 2002-040 was passed by Council extending the temporary use a further
three (3) years until April 2, 2005.
Mr. Tomina would now like to apply for an Amendment that would permanently chan(l'e zoning on
the property to allow a driving range but given the Green Belt Legislation and the contmued
uncertainty of the location of the 407/40 I connection road in relation to this property, such an
Application is not possible. The best he can do is an extension of his temporary use permit.
Given that this is the third Zoning Bylaw Amendment Application being made for this property, all
for the same thing, and further given that the only reason a temporary rather than a permanent
Bylaw Amendment is being sought is beyond Mr. Tomina's control, I am asking Council to
consider waiving the fee for a Zoning Bylaw Application. If it is not prepared to waive the fee
altogether, I would ask Council to reduce the fee to something. more representative of the
processing costs for staff to send out the necessary notices. No new site attendances or reports are
required because there are no changes being sought to a use Council has already approved on two
occasions in the past.
. ,""'_"." ~_;.. ..r. '."....,.._....... .u:--........"""'"X
I woul~ be. happy t~ speak to .the matter if Council wants any mot;e d~f.~ilJat4Gf1l i.'~
determmatlOn on thIS request. . ..' ,.~ . 1
~ i.~L'.:.:'\t\ .;" - ~'-:= ,"
Yours truly, !"'Ii BY
STRIKE, SALMERS & FURLONG I "" .---
ORIGINAL
~o.u lEST:
. an. M. Strike
DMS/av
ncls.
C.c.
S- .- -=:f
I ·
_.....~....-.-......-.......j.-
. ~-~.._..l. ,
~~_.~c>....':::~:~::.:1~~. ._: ~
Mark Tomina
."'...:."....:.,...
..'..--..-.......,.
629
Cl~iggron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 25, 2005
Report #: PSD-056-05
File #: PLN 1.1.9
By-law #:
Subject:
GREENBELT ACT AND GREENBELT PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-056-05 be received; and
2. THAT the Minister of Municipal Affairs and Housing be requested to correct the
Greenbelt Plan to exclude the lands in the Brookhill Neighbourhood in the Bowmanville
Urban Area, save and except for the Maple Grove wetland west of Green Road;
3. THAT the Minister of Municipal Affairs and Housing be requested to appoint a
Clarington representative to the Greenbelt Council;
4. THAT all interested parties listed in this report, the Region of Durham, and any
delegations be advised of Council's decision.
Submitted by:
D vid Crome, MG LF.' , R.P.P.
Director of Planning Services
Reviewed by:
Franklin Wu,
Chief Administrative Officer
HB*DJC*lb*df
April 25, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-OS6.QS
PAGE 2
1.0 BACKGROUND
1.1 This report provides an overview of the Greenbelt Act, 2005 which became law on
February 24, 2005 and the Greenbelt Plan which was released by the Ministry of
Municipal Affairs and Housing on February 28, 2005. The Municipality previously
commented on the draft legislation and plan in Planning Services Reports PSD-160-04
(December 6,2004) and addendum to PSD -160-04 (January 25,2005). Attachment 1
to this report provides a summary of how Clarington's comments were addressed in the
final Greenbelt Plan.
1.2 This report will also provide comments with. respect to the Greenbelt Plan and
implications to Planning in Clarington. As well, status of applications that were
impacted upon by the Greenbelt Protection Act is provided in Attachment 2 to this
Report.
2.0 GREENBELT ACT, 2005
2.1 The Greenbelt Act is enabling legislation that allows Provincial Cabinet to designate a
Greenbelt Area and establish a Greenbelt Plan. A Greenbelt Area was established
through Ontario Regulation 59/05. The Act requires municipal planning decisions to
conform to the policies of the Greenbelt Plan.
2.2 The Act and the Regulation include transition provisions related to matters commenced
on or after December 16, 2004. All decisions with respect to applications within the
Greenbelt Plan area made under the Ontario Planning and Development Act, the
Planning Act or the Condominium Act, which were commenced on or after December
16, 2004, must conform to the Plan. Applications, matters or proceedings that
commenced prior to December 16, 2004 are not required to conform to the plan, unless
prescribed by regulation. The Municipality is seeking a response from the Province on
how to address applications received between first reading of the Greenbelt Protection
Act (December 16, 2003) and when the Act received Royal Assent (June 23,2004).
3.0 GREENBELT PLAN
3.1 The Plan is intended to build upon the policy framework of the Provincial Policy
Statement, and provides a vital counterpart to the Places to Grow Provincial Initiative.
The Plan includes lands within the Niagara Escarpment Plan Area, the Oak Ridges
Moraine Area and the Parkway Belt West Plan Area. The policies of these plans
continue to apply to these areas. On lands outside these areas, the Plan establishes a
"Protected Countryside" designation that sets out the following policy areas; the
Agricultural System; the Natural System; and Settlement Areas. The Plan also contains
general policies that are applicable to certain types of land uses, such as infrastructure
or aggregate extraction, and establishes whether lot creation may be permitted.
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REPORT NO.: PSO.QS6-0S
PAGE 3
3.2 Aoricultural System
The agricultural system is intended to provide continuous and permanent land base
necessary to support long-term, viable agricultural production. The Agricultural System
includes Prime Agricultural Areas and Rural Areas. It also includes Specialty Crop
Areas, none of which are located within Clarington.
. Prime Agricultural Areas are areas where Class 1-3 soils predominate. According to
the Plan, Prime Agricultural Areas "are those areas designated as such within
municipal official plans". This would generally coincide with the Prime Agricultural
Area and General Agricultural Area in the Clarington Official Plan. A full range of
agricultural, agriculture-related and secondary uses are permitted. Prime
agricultural areas cannot be redesignated for non-agricultural uses with the
exception of refinements to the prime agricultural and rural area designations or
settlement area expansions.
. Rural Areas will continue to support a full range of agricultural, agricultural-related
and secondary uses. Within Rural Areas opportunities may exist for recreational,
tourism, institutional and resource-based commercial and industrial uses. Municipal
Official Plans may be more restrictive than the Greenbelt Plan with respect to the
types of uses permitted within rural areas. The range of land uses permitted within
the Green Space designation of the Clarington Official Plan are very restrictive since
the Green Space designation generally corresponds with the Lake Iroquois
Shoreline in the Greenbelt.
3.3 Natural System
The Natural System is intended to provide a continuous and permanent land base
necessary to support human and ecological health in the Greenbelt and beyond. The
Natural System policies are intended to protect areas of natural heritage, hydrologic and
lor landform features, which support biodiversity and overall ecological integrity. The
Natural System is comprised of a Natural Heritage System and a Water Resource
System. The Natural System is not a'designation. It functions as an overlay on top of
the prime agricultural and/or rural designations. As such, uses permitted within the
Prime Agricultural Area and Rural Area designations are subject to constraints of the
Natural System.
. Natural Heritage System
Includes areas with the highest concentration of the most sensitive and/or significant
natural features and functions. Key natural heritage features include: significant
habitat of endangered species, threatened species and special concern species; fish
habitat; wetlands; Life Science ANSls; significant valleylands; significant woodlands;
significant wildlife habitat; sand barrens; savannahs and tallgrass prairies; and
alvars.
. Water Resource System
This system is made up of both ground and surface water features and their
associated functions. The System contains primary recharge, headwater and
discharge areas, together with major drinking water aquifers. Key hydrologic
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REPORT NO.: PSD-056-05
PAGE 4
features include: permanent and intermittent streams; lakes; seepage areas and
springs; and wetlands.
. External Connections
The Greenbelt Natural System is externally connected to local, regional and broader
scale natural systems beyond the limits of the Greenbelt Plan. These external
connections are depicted by a dotted green line on the Greenbelt Plan and in
Clarington generally identify important river valleys such as the Wilmot Creek. Some
of the creeks that flow through Clarington's urban areas have also been identified as
external connections such as the Bowmanville and Soper Creeks, the Black and
Farewell Creeks, and the Wilmot and Graham Creeks. Municipalities shall
encourage improvements to the habitat within these areas when reviewing
development applications.
In addition to creek valleys, portions of the Lake Iroquois Shoreline that traverse urban
areas have been identified as an external connection. Municipalities are encouraged to
consider planning, design and construction practices that maintain or where possible
enhance the size diversity and connectivity of key natural heritage features and key
hydrologic features within the Lake Iroquois Shoreline.
3.4 Settlement Areas
Settlement Areas are comprised of TownsNillages and Hamlets. Delineation of the
boundaries of TownsNillages and Hamlets are defined by the Municipal Official Plan.
Policies of the Official Plan for lands within the boundaries of TownsNillages and
Hamlets shall prevail. However, the external connection policies as contained in the
Greenbelt Plan are applicable.
Although the Greenbelt Plan provides for the consideration of modest settlement area
expansions of TownNillages, it must be on municipal water and sewage services. This
policy would prevent any future expansion of Orono unless a municipal sewer system
was installed.
lnfill and intensification of Hamlets can be considered. Minor rounding out of Hamlet
boundaries are permitted at the time that municipal conformity are undertaken.
3.5 General Policies
These policies apply throughout the Protected Countryside of the Greenbelt Plan Area
and address specific uses such as; non-agricultural uses, recreation and tourism uses,
infrastructure, natural resource uses, cultural heritage resources and existing uses.
This section also includes policies on lot creation.
a) Infrastructure
The Greenbelt Plan recognizes that existing infrastructure and new infrastructure
will be required within the Protected Countryside. Policies regarding new or
expanding infrastructure require that these projects be planned, designed and
constructed in a manner that minimizes, wherever possible, negative impacts.
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REPORT NO.: PSD-056-05
PAGE 5
The Region is close to finalizing the Class EA for the extension of Adelaide
Avenue. The work that has been completed to date for this study has had
significant regard for the natural features within the study area and would appear to
satisfy the requirement of the Greenbelt Plan.
b) Aooreaates
The Greenbelt Plan states that where a municipality has undertaken a
comprehensive aggregate resource management study and implemented the
results into the Official Plan, these policies are deemed to conform to this Plan.
The extensive work that was completed by staff and consultants in the resolution of
Referral #5 to the Clarington Official Plan qualifies as a comprehensive aggregate
resource management study and as such Clarington's existing aggregate policies
are deemed to conform to the Greenbelt Plan.
The Greenbelt Plan requires that the Ministry of Natural Resources establish a
maximum disturbed area within aggregate licences. For existing licenses, any
excess disturbed area shall be rehabilitated within 10 years from the date of the
Greenbelt Plan and within 6 years, 50% of the rehabilitation must be completed.
Clarington has a number of licensed extraction operations within the Protected
Countryside. Many of these licensed areas are not being actively extracted
c) Existina Uses
All existing uses lawfully used on the day before the Greenbelt Plan came into
force are permitted. Expansions to existing buildings and structures including
accessory structures and uses are permitted provided that new municipal services
are not required and expansion does not go into a key natural heritage or
hydrologic feature unless there is no other alternative.
Single detached dwellings are permitted on any vacant lot of record that had
zoning to permit this use when the Greenbelt Plan came into effect.
d) Lot Creation
The Greenbelt Plan prohibits new estate residential subdivisions or the creation of
a lot if it extends or promotes strip development.
Farm retirement lots are not permitted but severance of a residence surplus to a
farming operation as a result of farm consolidation is permitted. Minimum size for
creation of an agricultural lot is 40 ha., which is consistent with the Clarington
Official Plan. New lots can be created for existing and new agriculture-related uses
with the minimum size of these lots determined by the area required to support the
use and private services.
3.6 Plan Amendments
Amendments to the Greenbelt Plan can only be proposed by the Minister of Municipal
Affairs and Housing and are subject to the approval of the Lieutenant Governor in
Council. Amendments to the Plan shall not have the effect of reducing the total land
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area of the Greenbelt Plan. A requirement of the legislation is that the Province shall I
conduct a review of the Greenbelt Plan, in association with the review of the Oak
Ridges Moraine Conservation Plan in 10 years. The purpose of this review is to assess I
the effectiveness of the policies and make amendments if appropriate. At that time, it is
anticipated that there will be an amalgamation of the four provincial plans which
comprise the Greenbelt. I
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REPORT NO.: PSO-QS6-QS
PAGE 6
3.7
4.0
4.1
4.2
Greenbelt Council
The Province will be establishing a Greenbelt Council that will:
. Consider how implementation of the Plan is proceeding
. Provide input and advice on identification and application of performance
measures
Help coordinate efforts of municipalities in cross-boundary matters such as trail
systems, water resources and agriculture, and
Help shape and/or focus the nature and/or content of the 10 year review of the
Greenbelt Plan.
.
.
STAFF COMMENTS
There are 49,500 ha of land in Clarington (81 %) within the Greenbelt, including lands
subject to the Oak Ridges Moraine. This leaves approximately 11,600ha outside of
the Greenbelt, including the Urban Areas of Bowmanville, Courtice, Newcastle and
Orono. The amount of land identified within the Greenbelt has increased by 770 ha
over that which was shown in the draft Greenbelt Plan. Attachment 3 identifies the
areas where changes in delineation of the Greenbelt have occurred. Attachment 3 also
identifies that Pickering, Whitby, Ajax and Oshawa have all experienced an increase in
the amount of land included within the Protected Countryside in the Final Greenbelt
Plan.
Approximately 150 ha of land within the northwest portion of the Bowmanville Urban
Area have been included in the Greenbelt. The Municipality questioned the Province
immediately about inclusion of these lands within the Greenbelt. The response from
the Province was that these lands were included within the Greenbelt in error advised
that at the first opportunity, these lands would be removed from the Greenbelt Area.
Until such time as the Province corrects this error, the Province confirmed that Section
5.2.1 of the Greenbelt Plan applies to these lands. This Section of the Plan continues to
recognize designated lands, if they were so designated prior to December 16, 2004,
and exempts future development applications from the policies of the Greenbelt Plan.
635
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REPORT NO.: PSD-056-05
PAGE 7
4.3 Development Applications
a) Applications Received Before December 16. 2004
Development applications that were commenced prior to December 16, 2004 are
exempt from conformity with the Greenbelt Plan. Attachment 2 to the report lists
those applications that were received prior to December 16, 2004.
b) Applications Affected bv the Greenbelt Protection Act
First reading of the Greenbelt Protection Act was on December 16, 2003. This
Act prohibited municipalities from accepting development applications on lands
beyond urban settlement areas, that is, they would have "no effect". The.
Greenbelt Protection Act received royal assent on June 23, 2004. Two
applications were received after December 16, 2003. These are identified in
Attachment 3 to this report. One of these applications is not located on land
within the Protected Countryside and as such the applicant has resubmitted their
application. The Municipality has requested the Province to confirm in writing the
impact the Greenbelt Protection Act and the Greenbelt Act has on the other
application.
4.4 Zonino Investioations
A number of zoning investigations have been initiated in lands which wee "frozen" while
the Greenbelt Plan was being prepared. In some cases, the landowners wanted to
apply for a rezoning to recognize their land use activity. Municipal practice is not to
prosecute landowners when they have an active application.
However, in that the Greenbelt Protection Act prohibited municipalities from receiving
zoning applications, these investigations were not pursued by By-law Enforcement. With
the release of the Greenbelt Plan, Municipal Enforcement can reinitiate investigation.
Municipal Law Enforcement will be following up with owners involved in these incidents
advising that the use is illegal and shall cease.
4.5 Municipal Conformitv Exercise
The Official Plan and Zoning By-law must be amended to conform to the policies of the
Greenbelt Plan. The conformity amendment can be undertaken when Clarington
conducts the statutory review of the Official Plan as required by the Planning Act.
Amendments incorporating the provisions of the Greenbelt Plan are subject to appeal to
the OMB.
The boundary of the Greenbelt Plan is prescribed by Ontario Regulation 59/05 and
cannot be altered, revised or adjusted by municipalities. Boundaries of the Prime
Agricultural Areas and Rural Areas can be amended during the conformity amendment.
However, revisions to the boundaries are intended to be minor in nature, allowing for
the rationalization of prime agricultural area and rural area boundaries.
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REPORT NO.: PSD-056-05
PAGE 8
The boundaries of key natural heritage features and key hydrologic features and
minimum vegetation protection zones are to be shown in municipal official plans.
Detailed delineation of these features and zones can be undertaken by municipalities or
conservation authorities when reviewing applications for development.
Detailed review of future growth within Hamlets will be required as only one opportunity
exists to consider minor rounding out or modest growth of hamlets, and that is during
the conformity exercise.
The conformity amendment shall include a map of wellhead protection areas and
vulnerable areas. This information will be required for the Orono wells and the Springer
Springs well. The necessary information required to map these areas will be available
from the Region as these are Regional facilities and the Region must also include this
information in their conformity amendments.
5.0 CONCLUSION
5.1 The Greenbelt Plan provides a solid basis for protecting prime agricultural lands and
natural features for future generations. In conjunction with other provincial initiatives
like the Growth Plan, there will be considerable change to the planning system in
Ontario that should provide a platform for managing the explosive growth in the Greater
Golden Horseshoe.
5.2 The statutory review of the Clarington Official Plan will require incorporation of the
Greenbelt Plan policies. However, in that Clarington's rural area policies strongly
support agriculture and agricultural activities, it is not anticipated that there will be major
changes to the Clarington Official Plan.
Attachments:
Attachment 1 - Summarization of Clarington's requested changes to the Greenbelt Plan
Attachment 2 - Development Applications impacted by the Greenbelt Protection Act and the
Greenbelt Act
Attachment 3 - Changes to limit of Greenbelt Plan Area
Attachment 4 - North Brookhill Neighbourhood
List of Interested parties to be notified of Council's decision:
Linda Gasser
Libby Racansky
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ATTACHMENT 1
SUMMARIZATION OF CLARINGTON'S REQUESTED CHANGES TO THE GREENBELT
PLAN
Municipal Comments on Draft Addressed in Comments
Greenbelt Plan Final Greenbelt
Plan
Tightly align Greenbelt around Yes The Greenbelt limit aligns with
existing urban centres the north and east boundary of
Courtice and the north boundary
of Bowmanville.
Extend Greenbelt east to include No
Dortions of Northumberland Countv
Recoanize Orono as a Villaae Yes
Permit unserviced industrial areas in No
Villaaes and Hamlets
Better definition of the south limit of Yes Portions of the Lake Iroquois
the Lake Iroquois Shoreline. Shoreline were not included in
the draft Greenbelt Plan. The
final Greenbelt Plan now
. includes these areas.
Include Provincially Significant Maple Yes This was done, however lands
Grove Wetland Complex in not identified as Provincially
Greenbelt, including those portions Significant Wetlands within the
within the Bowmanville Urban Area. Bowmanville Urban Area have
been inadvertently included
within the Greenbelt.
Provide specific policy direction Yes Section 3.2.5 External
connection portions of the Lake Connections encourages the
Iroquois Shoreline through Urban features and functions of the
Areas Lake Iroquois Shoreline be
maintained or enhanced where
Dossible.
Future extension of Adelaide Ave No The Province has identified the
should be southerly limit of Greenbelt south limit of the Greenbelt to be
between Townline and Farewell the north limit of Courtice as
Creek depicted in the Clarington
Official Plan. As such, the
Province has not considered this
request.
Exclude rural cluster of Taunton to No Although the Taunton cluster
allow for extension of services and was not excluded from the
renewal of the area Greenbelt, Section 4.2.2.5 of the
Plan allows the extension of
servicing to service existing
uses.
638
Municipal Comments on Draft Addressed in Comments
Greenbelt Plan Final Greenbelt
Plan
More targeted action needed to make No
aQriculture more viable
Aggregate Extraction Rehabilitation Yes
Polices need to be strenqthened
Provide modest growth or rounding No There will be no consideration of
out of Towns and Villages during rounding out or modest growth
conformity amendment exercise for Orono.
Exempt conformity amendments from No Conformity amendments will be
appeal to OMB subject to appeal to the OMB.
The Province has not identified
any funding or support to
municipalities if appeals are
lodqed.
Remove the Cluster of Bond Head Yes
from the Greenbelt
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ATTACHMENT 2
DEVELOPMENT APPLICATIONS IMPACTED BY THE GREENBELT PROTECTION ACT
AND GREENBELT ACT
Applications Received Prior to December 16, 2004
.
Application No. Purpose of Location Within Comments
and Applicant Application Greenbelt
Planning Area
COPA 2003-009 Minor rounding Part of Lot 15 Yes Not subject to
ZBA 2003-036 out of hamlet of Concession 5 Greenbelt Plan.
Mike Riciuto et al Hampton to former Township
create 8 new of Darlington Can proceed.
residential lots (Ormiston Road)
1559306 Ontario To permit a Part of Lot 20 Yes Not subject to
Limited driving range, concession 5 Greenbelt Plan
Burt Beckell mini-putt, club (Darlington)
COPA house and NE Corner of Can proceed.
ZBA accessory uses. Holt and Taunton
Roads.
Dev 94-061 To zone a 9 hole Part of Lot 3 Yes Not subject to
Stonehenge Golf golf course Concession 4 Greenbelt Plan.
Course (Crooked former Township
Creek) of Darlington Can Proceed.
COPA 2003-012 To expand the Part of Lots No Not subject to
Ridge Pine Park urban area to 1,2,3, BFC, Greenbelt Plan.
Inc. permit residential former Township
and commercial of Darlington Can Proceed.
development
640
ATTACHMENT 3
DEVELOPMENT APPLICATIONS IMPACTED BY THE GREENBELT PROTECTION ACT
AND GREENBELT ACT
Applications Received Between December 16, 2003 and June 23, 2004
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Application No. Purpose of Location Within Comments
and Applicant Application Greenbelt
Planning Area
COPA 2004-015 Expansion of Part of Lot 26 Yes Further clarification
PLN 31.5.2.1 Courtice Urban Concession 3 has been requested
Nash Road Area to permit former from the Province.
Developments residential Township of
Inc. development Darlington
(Hancock Road)
ZBA 2003-055 Permit a yard Part of Lot 27 No The subject lands
Miller Waste composting Concession 1 are not within the
Durham Inc. facility. former Protected
Township of Countryside. The
Darlington 1848 applicant re-filed an
Baseline Road application on April
8, 2005.
641
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OSHAWA
ATTACHMENT 4
Greenbelt Area
Within Durham Region
Legend
D Durham Region Municipal Boundaries
....----"1
L___J Draft Greenbelt Area
Final Greenbelt Area
W~E
S
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Cl~gton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Report #: PSD-057-05
File #: PLN 1.1.12
By-law #:
Subject:
PLACES TO GROW
DRAFT GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE
RECOMMENDA nONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-057-05 be received and endorsed as the Municipality's comments
on the Draft Growth Plan for the Greater Golden Horseshoe; and
2. THAT Report PSD-057-05 be forwarded to the Ministry of Public Infrastructure Renewal
and the Region of Durham Planning Department. .
Submitted by:
Reviewed by: d~~
Franklin Wu,
Chief Administrative Officer
a . J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
HB/FLlDJC/df
18 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
643
1.1
In July, 2004 the province released a discussion paper for growth management for the
Greater Golden Horseshoe. The Municipality provided comments via Report PSD-114-
04. The Municipality's primary concems were:
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On February 16th, 2005 the Province released the Draft Growth Plan for the Greater
Golden Horseshoe. Around the same time, the Ministry of Public Infrastructure and I
Renewal released four technical studies that were used in developing the Draft Growth ·
Plan. The four papers are:
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PAGE 2
REPORT NO.: PSD-oS7-oS
1.0
BACKGROUND
. Infrastructure funding for transit needs to occur in many growing areas outside of the
Priority Urban Centres
. The extension of GO Rail to Bowmanville is critical
. There needs to be a clear definition of intensification
. Future growth areas should be policy driven and not mapped
. The province needs to recognize Clarington's emerging cluster of energy-related
industries
. Incentives for intensification are necessary for it to be viable including changes to
the development charges regime, property assessment and taxation, income and
sales tax
. Municipalities need stronger tools to control the phasing of development in urban
areas
. Performance measures should include provincial ministries
Many of the issues raised by Clarington have been addressed in one form or another in
the Draft Growth Plan.
1.2
1. Urban Growth Centres in the GTA
This paper describes the 25 Urban Growth Centres (UGCs) proposed in the Draft
Growth Plan for the Greater Golden Horseshoe. It addresses the characteristics that
led to the designation, and discusses the opportunities to accommodate future
growth.
2. The Growth Outlook for the Greater Golden Horseshoe
This paper provides population, household and employment forecasts to 2031 in the
Greater Golden Horseshoe. Based on current trends, the forecast anticipates that
the Greater Golden Horseshoe will increase by more than 3.7 million people to a
total of 11.5 million. Jobs will increase by almost 1.8 million to a total of 5.6 million by
2031. The paper examines three growth distribution scenarios: current trends,
compact and more compact.
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3. A Current Assessment of Gross Land Supply in the Greater Golden Horseshoe
This paper is a review of long-term land supply in the Greater Golden Horseshoe.
There are approximately 1,109,400 acres of designated settlement area, of which
352,000 remain unbuilt and available for development.
4. Application of Land-Use Intensification Target for the Greater Golden Horseshoe
This paper is a review of the approaches to intensification in other jurisdictions
around the world and a proposed methodology for measuring targets for the Growth
Plan.
1.3 In concert with the Greenbelt Plan, the Draft Growth Plan represents a watershed
moment for planning in Central Ontario. It represents the culmination of the studies and
work undertaken over the last 10 years by the Greater Toronto Co-ordinating
Committee, the Greater Toronto Services Board, and the Smart Growth Panel, among
others. For the first time, the various elements have all been assembled into a Plan that
the Province appears to be committed to leading and funding. It is very clear that the
Province intends to significantly alter growth management by using both its planning
powers and its infrastructure funding capacity.
2.0 SUMMARY OF THE DRAFT GROWTH PLAN
2.1 The Draft Growth Plan is intended to address the problem of sprawl and the economic
competitiveness of Central Ontario as reflected in clogged transportation corridors,
inefficient public transit, conversion of employment areas, high infrastructure costs,
degradation of the natural environment and human health.
The key principles of the Plan are as follows:
. Growth will be directed to built-up areas where the capacity exists to best
accommodate the expected population
. Strict criteria for urban boundary expansions
. Transit-supportive densities and a healthy mix of residential and employment land
uses
. A transportation network that links urban centres through an extensive multi-modal
system
. Sustainable water and wastewater services
. Enhance the conservation of agricultural lands and natural heritage system to
connect with the Greenbelt
2.2 The Provincial Draft Growth Plan has recognized that there will be different needs in
different areas and thus sets the stage for a series of sub-area growth strategies. The
sub-areas are as follows:
. The inner ring (Lands inside the Greenbelt from Hamilton to Clarington)
. The outer ring divided into four sub-areas as follows:
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. The Niagara Area
. The West of Greenbelt Area (Kitchener/Waterloo/Guelph/Brantford and
surrounding areas)
. The North of Greenbelt Area (Barrie, Simcoe County, north part of York Region)
. The East of Durham Area (Peterborough, Kawartha Lakes, Northumberland)
For each sub-area, the Province will lead the preparation of individual growth strategies
that will eventually find their way into upper-tier and lower-tier official plans. The sub-
area strategies will be approved and incorporated into the Draft Growth Plan.
2.3 The main elements of the Plan are as follows:
. Strong Province Role in determining the underpinnings of local plans
The province will determine population, household and employment targets that will
eventually filter down into local official plans.
. Strong new policies on Intensification
. All municipalities will establish policies and strategies to promote intensification
within existing built-up areas.
. Within the inner-ring (which includes the urbanizing portion of Clarington) there
will be a phased increase in the yearly percentage of intensification so that by the
year 2015 a minimum of 40% of all residential development occurs by
intensification. The target is measured on the upper-tier (Regional) basis so that
some local municipalities will be higher and some will be lower.
. Intensification areas are to achieve a density of development not less than 200
residents or jobs per hectare.
. Urban Growth Areas are the focus of new growth
. The Plan identifies Urban Growth Areas (the terms Priority Growth Centres and
Emerging Growth Areas has been dropped), which includes Oshawa Downtown,
Pickering Downtown and Peterborough Downtown.
. A network of Urban Growth Areas and intensification corridors will be planned to
accommodate a significant portion of population growth and serve a major
employment centres.
. Policies to protect the conversion of employment lands
. Conversion of employment areas to non-employment or major retail uses will
only be permitted where it has been demonstrated that it is necessary to address
other provincial priorities or where the land is not required over the long term for
employment purposes and does not result in settlement area expansion to meet
future employment needs.
. Major office development will be located where higher order transit services exist
(e.g. dedicated right of way).
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PAGE S
· Greenfield development will be transit-supportive
. New greenfield development will occur at not less than 50 residents and jobs per
hectare.
· Small Cities and Towns are to develop as "complete and self-sufficient
communities"
. While Urban Growth Centres will be the focus of growth, small cities and towns
(communities that do not have an Urban Growth Centre) will continue to grow
with a balance of residential and employment growth, meeting intensification
targets and may only expand where expansions result in improvements to
employment (one full time job per resident).
. Strong policies controlling urban expansion
. The Province's sub-area strategies will determine the need for urban boundary
expansions.
. The achievement of intensification targets will be one standard used in the
consideration of expansions (e.g. no intensification = no expansion).
. No expansions will be permitted prior to sub-area strategies unless there is
insufficient land within the regional market
. The Province will promote integrated planning of land use and transportation
. All planning and investment decisions, including those of the proposed Greater
Toronto Transportation Authority, must conform to the Growth Plan.
. Transit infrastructure will be used to shape growth
. .. Transit will be the first priority for investment.
. Investment decisions will focus on connecting Urban Growth Centres within sub-
areas.
. The first priority for highway investment is to facilitate goods movement
. There is an emphasis on moving goods through the GTA and down to the border.
. Comprehensive approach to aggregates
. The Province will work with the municipalities and the aggregate industry to
develop comprehensive approaches for co-ordinated and orderly extraction and
rehabilitation.
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o The Growth Plan supersedes other municipal and provincial policies
o Municipalities must amend their plans to conform but there is no prescribed time
and it will occur in the usual way (e.g. local plan conformity amendments could
be appealed to the OMB).
. The Growth Plan prevails over the Provincial Policy Statement, Official Plans and
Zoning By-law in the event of a conflict.
o In the event of conflict with policies regarding the natural environment or human
health, the provincial plan or policies providing more protection to the
environment or human health would prevail over the Growth Plan (e.g. natural
environment policies of the Greenbelt).
o The Province will monitor the success of the Plan
. The Province will set up a framework and a set of indicators to measure the
implementation of the Plan.
o Municipalities must measure and report on their targets.
o The Province will develop a multi-year Infrastructure Strategy
o The Province will use the Growth Plan as the basis for developing a 10 year
infrastructure strategy. This will ensure that investment meets strategic priorities
of the Province.
3.0 MUNICIPAL COMMENTS
3.1 Support for the Region of Durham's recommendations on the Draft Growth Plan
The Regional Planning Department prepared a response to the Province on the Draft
Growth Plan (2005-P-30) that was presented to Planning Committee on March 29, 2005
(Attachment 1). Prior to the presentation of this report, the Region hosted a meeting
attended by area municipalities to discuss and comment upon the Draft Growth Plan.
Clarington staff attended this meeting. The Municipality of Clarington generally supports
the Regional Staff report and the recommendations contained within the report unless
otherwise noted herein. The comments and recommendations of the Municipality of
Clarington set out below are intended to reinforce and expand upon the Region's
recommendations and not to detract from them.
3.2 Bowmanville should be identified as an Urban Growth Centre
Downtown Bowmanville is not unlike several of the smaller Urban Growth Centres such
as Milton and Barrie. As the eastern anchor for the inner ring, Bowmanville has several
characteristics that make it suitable as an Urban Growth Centre - a mix of employment,
residential and institutional uses; GO bus and local transit with a future GO rail station
site recently acquired by GO; mixed-use developments and higher density
developments planned, approved and under construction; institutional facilities including
a hospital, court house, and municipal offices; and cultural facilities including a museum
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REPORT NO.: PSO-QS7-QS
PAGE 7
and art gallery. With a planned allocation of 2 Million sq. ft. of retail floor space and the
expansion of GO Rail proposed in the Draft Growth Plan, it would be appropriate to
designate Bowmanville as an Urban Growth Centre and plan for its future development
in that context.
3.3 Clarington supports phased intensification targets that are tailored for the
realities of each municipality
The Draft Growth Plan provides for an intensification target to be phased in gradually in
the inner ring to reach 40 percent per annum by 2015. The 40 percent target is
calculated on an upper tier basis, allowing for individual municipalities within Durham to
strive for attainable targets that meet their own market reality and development
circumstances. Whereas the Durham target would be an overall 40 percent, the greater
share of intensification would be within the Downtown Oshawa and Downtown Pickering
Urban Growth Centres. This clarification responds to the Municipality's initial concerns,
noting the limited intensification opportunities in Clarington.
3.4 The Province must put in place incentives that attract development that will
intensify urban areas
Municipal plans have had provisions to encourage intensification for a number of years;
however, the market success of intensification in edge communities is limited. The
transformation of societal expectations will be difficult but it is recognized that the
current pattern of growth is not sustainable. To be successful, there will need to be a
true partnership between municipalities and the Province. It will require a mixture of
both regulation and incentives. With municipalities required to regulate the pattern of
growth, the Province must not only provide infrastructure funds but also provide for
fiscal incentives to encourage intensification. If "incentives" are to be provided for
intensification, they cannot come at the Municipality's expense but should be from a
surcharge on Greenfield development. A whole variety of implementation mechanisms
should be explored including provincial funding of community improvement plans and
changes to the property, sales and income tax systems for intensification, mixed-use
development and decked parking. The Province should also investigate ways to make
it easier to finance mixed-use development. The Province needs to complete the review
of financial tools prior to adoption of a Growth Plan.
3.5 The sub-area growth strategies have the prospect of becoming time-consuming
and onerous planning exercises, overlapping current regional planning
responsibilities. If they are to be undertaken, they should be limited to key
structural aspects and be concluded within a year
The sub-area growth strategies are intended to develop and refine the area municipal
targets, define intensification areas, undertake sub-area economic analysis to determine
significant employment clusters and infrastructure needs, and to determine the need for
and phasing of urban boundary expansions. These planning exercises could take some
time and possibly evolve into greater detail than appropriate. Any sub-area strategy
should be limited to key structural components of the future growth of the area. The
sub-area strategies should be done quickly and expeditiously.
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3.6 Clarington is concerned that the "inner circle" sub-area may be too large and
recommends that regional working groups be used for completing the task
efficiently
The development of the sub-area strategies will be crucial to the implementation of the
Plan. At this time there is no clear process as to how this will occur. There is the
possibility that the larger municipalities and regions will dominate these discussions.
Clarington must have a seat at the table and cannot be lost in the focus on "big city"
issues. The process for creating sub-area growth strategies must be developed with a
full partnership with regional and area municipalities, ensuring that all parties are fully
involved. This type of collaborative planning process would work best with Regional
working groups to address local issues.
3.7 There needs to be further elaboration of the Small Cities and Towns policies
Bowmanville, Newcastle and likely Courtice are considered as small cities or towns
under the Draft Growth Plan. Small Cities and Towns are to develop as "complete
communities", must comply with intensifications targets established in the sub-area
strategies and may only expand with employment growth. In particular, there must be
support for the development of employment opportunities in small cities and support for
lower-order transit initiatives. If Small Cities and Towns are not to be ''the next wave of
sprawl", provincial investment will be critical to bring employment growth, particularly to
Durham and Clarington. Support for downtowns through funding of community
improvement plans (local studies) will be critical to maintaining vibrant downtowns.
3.8 The Province must clarify the urban boundary expansion policies for there is the
strong possibility of no further expansions of the urban boundaries in Clarington
The Draft Growth Plan would only permit the expansion of urban boundaries in
compliance with the urban boundary expansion policies and where it can be
demonstrated that such expansions can achieve a minimum of one full-time job per
three residents or where such expansion will directly result in moving significantly
toward such a ratio. Given the problems with attracting employment to Durham in
general and on the eastern. periphery in particular, this may be an insurmountable
problem leaving the Clarington urban boundaries frozen as they are. This further
underscores the need for provincial investment in supporting economic expansion in
Clarington.
3.9 Clarington supports the early extension of GO Transit to Bowmanville
The 2004 Growth Plan Discussion Paper did not include the extension of GO Transit to
Bowmanville so we fully support the changes now made in the Draft Growth Plan. The
GO rail extension is identified as a "Proposed Higher Order Transit" to be constructed
by 2031. The Municipality supports the earliest possible extension of GO Rail from
Oshawa along the CP Rail alignment to the lands recently purchased by GO Transit
south of the West Main Central Area. This is an ideal location for a transit hub given its
link to the Regional Transit Spine along Highway 2, buses to the City of Peterborough
and local transit service.
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3.10 Clarington supports the extension of Highway 407 to Highway 35/115 with the
connecting East Durham link
Council passed a resolution on March 1, 2004 in support of the Province extending of
Highway 407 to Highway 35/115. The Growth Plan firmly identifies this Highway as a
Future EconomicfTransport Corridor. It does not include the extension of higher order
transit beyond the future Pickering Airport beyond the 2031 timeframe. It is recognized
that transit investments will be better spent along the Highway 2 and GO Rail corridors
through Durham. However. this should not preclude the planning for and securing the
right of way necessary to extend transit easterly along the Highway 407 corridor beyond
the 2031 period.
. 3.11 There must be transition provisions to provide municipalities with a "breathing
space" to "re-plan" Greenfield Areas without the threat of OMS hearings
The Draft Growth Plan will prevail in the event of a conflict with the official plan, zoning
by-law or Provincial Policy Statement. This will mean, among other things, that the
development densities in the Growth Plan will prevail over the development densities
currently in force in our Official Plan. Consequently, the Municipality will be in a
situation where the infrastructure planned for the neighbourhood (schools, parks, sewer
and water) no longer meets the population that now must be accommodated. In
Clarington, this will be particularly true for Newcastle Village, where development
densities are considerably lower than now mandated by the Province (approximately 40
residents per hectare versus the 50 residents per hectare in the draft Growth Plan).
The Growth Plan should provide for a "breathing space" to allow Municipalities to
undertake the appropriate planning exercises without the possibility of a challenge to
the Ontario Municipal Board. The existing mechanism available under the Planning Act
is the passing of an interim control by-law when Council initiates a Study. However this
can lead to appeals to the OMB, another costly exercise for the Municipality in
appropriately implementing the provincial plan. The Province should exclude the
possibility of an appeal to an Interim Control By-law where the by-law was passed to
allow the Municipality to implement the Growth Plan.
3.12 There must be recognition that even in neighbourhoods built to be transit-
supportive, there will be limitations on the ability of municipalities to extend and
operate transit in the shorter term
The Growth Plan will require new neighbourhoods to be built at more transit-supportive
densities and the inner cores of cities and towns to be intensified. The Province will
also be developing performance criteria for municipalities in regard to achieving the
goals of the Plan. It must be recognized that it will take time for transit to be feasible.
Municipalities should not be penalized when they cannot afford to extend transit to new
neighbourhoods.
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3.13 Provincial agencies and crown corporations must adopt a "built-form policy and
use their infrastructure investments to support more intensive, transit-friendly
forms of development
The Province must adopt a "built form" policy that will require provincial agencies and
crown corporations, like the LCBO, to comply with the intensification and transit
objectives of the Growth Plan. It does not help municipalities to meet the Provincial
objectives if agencies, such as the LCBO stores, partner with power centres to develop
centres which are not compliant with the Province's vision.
3.14 The Province should recognize in Clarington a Special Employment Area for the
emerging cluster of energy-related industries at the proposed Energy Park in
Courtice and the new Science and Technology Park in Bowmanville where the
first tenant is currently constructing its first building
The Draft Growth Plan provides for the sub-area strategies to determine the regionally
significant employment clusters/opportunities to be promoted. The Municipality's
initiatives to attract research and development industries and to host start up industries
associated with research undertaken at the University of Ontario Institute of Technology
should be recognized and supported through provincial investment.
3.15 The Province must give municipalities greater controls under the Planning Act for
the phasing of development in urban areas to ensure that sunken infrastructure
costs are effectively utilized and the pressures to move to new areas prematurely
is avoided
The current Planning Act does not give Municipalities enough control over the phasing
of development to ensure that growth can occur in an orderly manner that efficiently
uses sunken infrastructure costs. Developers are interested in maintaining an ongoing
inventory of development properties and in their competition for land may exert pressure
on the municipalities to prematurely open up new areas. In Clarington, where there are
four separate urban areas, it has been difficult to manage the competing demands and
keep up with the infrastructure required. Municipalities must often expend funds at the
OMB to prevent premature developments or using those same funds to address the
infrastructure deficit.
4.0 CONCLUSION
4.1 The Province, through the Growth Plan for the Greater Golden Horseshoe and the sub
area strategies will establish the long-range parameters for growth in Clarington. The
Growth Plan will determine population, household and employment forecasts,
intensification targets and areas, the need for expansions to urban boundaries and
where and when major transportation/infrastructure improvements will occur. It is crucial
that Clarington has a strong voice during formulation of the sub area strategies.
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4.2 In retum for the loss of municipal autonomy over the broad planning framework for
Durham, the Province must make the critical infrastructure investments to support the
economic development of Durham Region and Clarington. The most critical need in
Clarington is ensuring a better balance of live-work opportunities. The Provincial 10 year
infrastructure plan is keenly anticipated.
4.3 In order to meet the April 18, 2005 deadline for comments, a copy will be forwarded to
the Ministry of Public Infrastructure Renewal with the appropriate qualifications.
Attachments:
Attachment 1 - Region of Durham Commissioners Report 2005-P-30
653
SUBJECT:
The Regional Municipality of Durham
To: The Planning Committee
From: Commissioner of Planning
Report No.: 2005-P-30
Date: March 29, 2005
ATTACHMENT 1
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Province's Draft Growth Plan for the Greater Golden Horseshoe, File: 026-02-04
Standing Committee Correspondence No. 2005-020, dated February 16, 2005 from
David Caplan, Minister of Public Infrastructure Renewal
. RECOMMENDATIONS:
a)
THAT the following comments and the contents of this report be forwarded to
the Province as Durham Region's response to the Places to Grow: Better
Choices, Brighter Future, Draft Growth Plan for the Greater Golden
Horseshoe:
i)
The Province's forecast decline in the jobs to population ratio for
Durham is unacceptable. The Province must support and build upon
the Region's on-going efforts to attract jobs, to meet the Draft Growth
Plan objective of "complete communities";
ii)
The Province must assist the Region to accommodate a higher
percentage of employment growth by developing appropriate
incentives and infrastructure funding to realize the major structural
elements of the Regional Official Plan, including: the completion of
Highway 407 through the Region and improvements to Highway 401;
Hi)
The Province must develop and put in place the incentives required to
attract development that will intensify our existing urban areas;
iv)
To achieve the desired state of 200 residents and jobs per hectare, the
Province will have to invest heavily in water, sewer and transportation
infrastructure and provide other incentives to attracfthe scale and
density of development contemplated for these areas;
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Report No.: 2005-P-30
Page No.2
v) The inclusion of policies that protect employment lands is supported.
This is consistent with the policies of the new Provincial Policy
Statement, and is desirable to ensure that municipalities can effectively
maintain an adequate supply;
vi) Policy direction that encourages the early integration of transit services
in our communities is consistent with the Regional Official Plan and the
Transportation Master Plan, and this is supported;
vii) The assessment of land required for urban development is currently
Durham's responsibility, and is a key component of the on-going
Regional Official Plan Review. It is imperative that Durham and its
area municipalities continue to have a key role in planning for growth in
the Region;
viii) Ajax is part of the Region's western anchor with Pickering. Whitby and
Courtice are part of the central anchor with Oshawa. Accordingly,
these communities (Ajax, Whitby and Courtice) should not be subject
to the small cities and towns policies of the Draft Growth Plan;
ix) The Ministry should clarify whether the policies for small cities and
towns and the population, household and employment forecasts apply
to settlements located in the Greenbelt Plan Area;
x) It is recommended that Schedule 5, Moving People, be revised to
include the following Regional transportation corridors in Durham, as
reflected in the Transportation Master Plan:
. Highway 407 transitway to the East Durham Link, and along the
East and West Durham Links to Highway 401;
. Regional Highway 2 between the Toronto-Durham boundary and
Newcastle;
. Taunton Road from the York-Durham boundary to the East Durham
Link;
. Brock Road from the Pickering GO Station to the Highway 407
transitway;
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Page No.3
. Brock Street from the Whitby GO Station to the Highway 407
transitway; and
. Simcoe Street from the Oshawa GO Station to the Highway 407
transitway;
xi) It is recommended that Schedule 6, Moving Goods, be revised to
clearly show the eN Rail line, which runs south of Highway 401
through Durham, as an "Existing Major Rail Line", and the future
Highway 404 extension to Highway 12/48;
xii) Durham Region must be involved in the development of the
Transportation Strategy and be represented on the Greater Toronto
Transportation Authority, particularly as it may involve future Provincial
investment in transportation infrastructure, including transit;
xiii) It is recommended that the Draft Growth Plan merely provide the
framework for mapping and policies to protect the Natural System.
The details should be established in upper and single-tier official plans;
xiv) It is recommended that the Draft Growth Plan merely provide the
framework for mapping and policies for the Agricultural System. The
details should be established in upper and single-tier official plans;
xv) The Province should clarify whether the Mineral Aggregate Resources
policy is intended to apply to the entire Greater Golden Horseshoe or
only those areas outside the Greenbelt Plan Area;
xvi) The Province must reconsider whether Sub-area Growth Strategies
are necessary given the duplication of current responsibilities of upper
and singe-tier municipalities and the onerous logistics and time
necessary to complete them. It is recommended that the Growth Plan
merely provide a policy framework as a basis for implementation by
upper and single-tier municipalities, through their official plans and
regular infrastructure studies. Should the Province continue with the
Sub-area Growth Strategy approach, it is essential that the Sub-area
Growth Strategies add value to the current planning system and be
prepared in partnership with the affected municipalities;
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Report No.: 2005-P-30
Page No.4
xvii) The Province must declare its intent regarding transition issues, in
order that we may assess the impact on applications, as well as the
on-going lands needs assessment component of the Regional Official
Plan Review;
xviii) The Province must direct its energies to develop the necessary fiscal
tools to support the goals and objectives of the Growth Plan, including:
committing a sustainable source of funding for transit; amending the
Development Charges Act to allow municipalities to finance the full
cost of services; and amending the Environmental Assessment Act to
streamline the process of approval for infrastructure that supports the
Growth Plan objectives. Tools should be developed to influence a shift
in: market preferences for housing types; location of residence; and
transportation choices that support intensification. The Province
should also establish a policy that Provincial infrastructure
investments, particularly in the area of human services, will be
supportive and implement the Growth Plan;
xix) The Province should put in place a multi-year infrastructure strategy
concurrent with the enactment of the Growth Plan;
xx) The Ministry of Public Infrastructure Renewal should recognize the
Region's existing practices of developing and implementing its own
long-term infrastructure planning anQ financing strategies, as the
Province develops its multi-year infrastructure strategy; and
xxi) The Province must recognize that large municipalities, like the Region,
do not permit development without ensuring that the necessary capital
infrastructure is available and funded. Capital planning and budgets
should continue to be developed at a Regional level to reflect our
responsibilities for the provision of those services, while reflecting the
goals and objectives of the Growth Plan; and
b) THAT a copy of Commissioner's Report No. 2005-P-30 be forwarded to the
Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and
Housing, and the area municipalities in Durham.
<19
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Page No.5
REPORT:
1. PURPOSE
1.1 On February 16, 2005, the Province released a document entitled, Places to
Grow: Better Choices, Brighter Future, Draft Growth Plan for the Greater
Golden Horseshoe (DGP), requesting comments by April 18, 2005.
1.2 The Region had previously commented on a Discussion Paper for the
Provincial Growth Plan initiative in September 2004, through Commissioner's
Report No. 2004-P-73.
1.3 As part of the review of the DGP, Regional Planning staff convened a meeting
of planning staff from the area municipalities to generate comments from a
Region-wide perspective; and obtained comments from the Durham
Agricultural Advisory Committee (DAAC) and the Durham Environmental
. Advisory Committee (DEAC).
1.4 The purpose of this report is to review and provide a Regional response to the
DGP.
2. DRAFT GROWTH PLAN
2.1 The purpose of the DGP is to plan for the 3.7 million additional people
expected to make the Greater Golden Horseshoe (GGH) home over the next
30 years.
2.2 The DGP is intended to "guide decisions on a wide range of issues-
economic development, land-use planning, urban form, housing, natural
heritage and natural resource protection, provincial infrastructure planning,
and the development of municipal official plans and local servicing and
implementation strategies..
2.3 The DGP has an anti "Urban Sprawl" theme noting the following as
symptoms:
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. increasing number of cars;
. longer work trips;
. clogged transportation corridors;
. a form of development not conducive to transit;
. conversion of employment areas to uses that reinforce sprawl;
. underutilized infrastructure in existing built-up areas;
. degradation of natural environment, air quality and water; and
. consumption of agricultural lands.
Vision and Policv Directions
2.4 The DGP's Vision for the GGH has not changed from the earlier "Discussion
Paper" and consists of the following elements:
. a variety of choices for living;
. modern, well maintained infrastructure;
· easy access to socio-cultural amenities (food, shelter, education, health-
care, arts and recreation, and information technology);
. an integrated transportation network;
. a healthy natural environment;
. protection of agricultural lands; and
· compact settlement and development patterns offering diversity of
opportunities for living, working and enjoying culture.
As previously noted in the review of the Discussion Paper, these elements of
the Vision are generally consistent with the fundamental principles of the
Regional Official Plan (ROP).
2.5 To achieve the vision, the DGP provides more detailed strategies and policy
directions that:
· direct growth to built-up areas, while providing strict criteria for urban
boundary expansions;
· promote transit-supportive densities and a healthy mix of residential and
employment land uses;
. identify and support a transportation network that links urban centres
~hroug~ anexlensiverTllJlti-modal system;
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. ensure sustainable water and wastewater services are available to
support future growth; and
. identify a natural system and an agricultural system, to enhance the
conservation of these resources and connect with the Greenbelt Plan.
Where and How to Grow
2.6 In determining where and how to grow, the DGP focuses on planning for
more efficient use of land, which can be best achieved by accommodating
significant growth within existing urban areas. . To achieve this, the GDP
provides direction on where more compact form can be achieved and it
identifies growth centres within built-up areas that will be a focus for growth
and investment. It also recognizes that a healthy mix of jobs and housing is
fundamental to the establishing and maintaining vibrant, healthy and
complete communities.
2.7 The directions are implemented through a series of policies related to:
. population, household and employment forecasts;
. intensification and compact development;
. urban growth centres and intensification corridors;
. employment areas;
. designated growth areas (greenfields);
. urban boundaries; and
. small cities and towns.
Poculation. Household and Emclovment Forecasts
2.8 The DGP sets out the population, household and employment forecasts to be
used for planning our communities. The Plan requires that municipal official
plan updates and related municipal growth studies be based on these
forecasts. The forecasts are to be reviewed by the Province every five years.
2.9 The following table compares the forecasts included in the DGP with the
forecasts presented in the ROP Review, Population and Employment
Discussion Paper.
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Comparison of Population, Household and Employment Forecasts
Draft Growth Plan and Reaional Official Plan Review
2011 ~ 2031
PODulatlon
Growth Plan 660,000 810,000 960,000
Rap Review 664,000 850,000 1,054,000
Difference -4,000 -40,000 -94,000
Households
Growth Plan 230,000 290,000 350,000
ROP Review 217,000 279,000 347,000
Difference 13,000 11,000 3,000
EmDlovment
Growth Plan 260,000 39.4% 310,000 38.3% 350,000 36.5%
Rap Review 222,000 33.4% 311,000 36.6% 423,000 40.1%
Difference 38,000 -1,000 -73,000
Note: Rap Review numbers have been rounded to the nearest 1,000
for comparison purposes.
2.10 The DGP's population forecast is significantly lower than the RDP Review
forecast (94,000 less at 2031). However, the DGP's household forecast is
relatively consistent with the ROP Review forecast (350,000 vs. 347,000 at
2031). This indicates that the Province expects fewer people to occupy the
same number of households. Since land supply is directly affected by the
number of households or units, the overall impact-on the land supply is similar
for both the Regional and Provincial forecasts. The ROP Review Discussion
Paper concluded that Durham has sufficient designated "Living Area" to
accommodate its forecasted growth, with 20% intensification, until the period
between 2026 and 2031' .
2.11 The DGP's employment forecast is also significantly lower than the forecast
presented in RDP Review Discussion Paper. A healthy community should
1 Note: This does not accoUnt fofiridividual area municipal Circumstimces.
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have a population to employment ratio of 50% (Le. 1 job for every 2 persons),
consistent with the existing policies of the ROP. The ROP Review recognized
that the Region would not likely achieve a population to employment ratio of
50% by 2031, but that it could expect the ratio to improve over time, from.
around 30% (1 job for every 3 persons) in 2001, to 40% (1 job for every 2.5
persons) by 2031. However, the DGP forecast suggests the opposite, with
Durham's population to employment ratio declining over the planning period
from 39.4% (1 job for every 2.5 persons) in 2006, to 36.5% (1 job for every
2.7 persons) by 2031. The Provincial forecast shows all other GTA.
municipalities at 50% or better with the exception of Hamilton, which is at
45%. The Province's forecast decline .in the jobs to population ratio for
Durham is unacceptable. The Province must support and build upon the
Region's on-going efforts to attract jobs, to meet the DGP objective of
"complete communities". The Region's long-term Strategic Property Tax Plan
will see the eventual elimination of the Large Industrial Tax Class, making the
Region very competitive across the GTA and Ontario.
2.12 According to the DGP forecasts, the Region of Durham is expected to
accommodate 15% of the population growth, and only 12% of the
employment growth in the Greater Toronto Area and Hamilton (GTAH)
between 2001 and 2031. The Region needs to be in a position to
accommodate a higher percentage of employment growth. The Province can
assist in this regard by developing appropriate incentives and infrastructure
funding to realize the major structural elements of the ROP, including: the
completion of Highway 407 through the Region and improvements to
Highway 40L
Intensification and Comoact Develooment
2.13 The DGPrequires upper-tier municipalities to plan for a phased increase in
the yearly percentage of intensification so that by 2015, a minimum of 40% of
all development will occur in "built-up areas". The ROP calls for 20%
intensification and the ROP Review recommended that this remain the target
for Durham. In response, many of the area municipalities expressed concern
that even the 20% level of intensification would be difficult to achieve.
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2.14 Achieving a 40% rate of intensification over a 10-year period will be extremely
difficult. In the near term, there are several years supply of unbuilt units in
draft approved and registered plans of subdivision that will continue to build-
out at lower density. In the longer term, serious financial and fiscal incentives
will be required to attract the level of intensification envisioned by the DGP so
that the rate of 40% is achieved by 2015. In addition, adequate infrastructure
may not be in place in our centres and along our primary arterial road
corridors, to accommodate this level of intensification. The Province must
develop and put in place the incentives required to attract development that
will intensify our existing urban areas.
Urban Growth Centres and Intensification Corridors
2.15 The DGP identifies "Urban Growth Centres" (UGC) and "intensification
corridors" as the focus of residential and employment growth that are
intended to accommodate the majority of intensification efforts. These areas
will be the focus of Provincial investment.
2.16 Municipal official plans are required to include policies to establish these
intensification areas, as well as other key growth areas. The DGP suggests
that these areas should be planned to achieve development densities of 200
residents and jobs per hectare (:t80 residents and jobs per acre).. The Plan
recognizes UGC's as typically being core metropolitan areas and economic
hubs that serve as destinations with a regional focus. Downtown Oshawa
and Pickering are identified as UGC's.
2.17 Intensification corridors are lands along major arterials that can provide a
focus for higher density mixed-use development, higher order transit, and
infrastructure investment.
2.18 The focus on directing the majority of growth to designated "Centres" and
"Corridors" is consistent with ROP and ROP Review Directions, as well as the
proposed Revitalisation Program, which will provide incentives to encourage
revitalisation and redevelopment in the Region's Main Central Areas (MCA).
However, a preliminary assessment of our MCA's suggests that densities of
200 residents and jobs per hectare may not be realistic over the planning
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period. According to a background document recently released by MPIR
entitled, Urban Growth Centres in the Greater Golden Horseshoe, this scale
of development exists today at the Yonge-Eglinton Centre in Toronto. The
same study indicates that downtown Oshawa currently only has a density of
46.9 residents and jobs per hectare (19.0 residents and jobs per acre); and
downtown Pickering has a density of 51.2 residents and jobs per hectare
(20.7 residents and jobs per acre). To achieve the desired state of 200
residents and jobs per hectare, the Province will have to invest heavily in
water, sewer and transportation infrastructure and provide other incentives to
attract the scale and density of development contemplated for these areas.
Emplovment Areas
2.19 The DGP discourages major retail uses in employment areas and requires
that the conversion to non-employment uses or major-retail uses only be
considered through a comprehensive OP Review. Further, conversions may
only occur where it has been demonstrated that the land is not required over
the long term for employment purposes and the conversion would nol result in
an urban boundary expansion to meet future employment needs. The
inclusion of policies that protect employment lands is supported. This is
consistent with the policies of the new PPS, and is desirable to ensure that
municipalities can effectively maintain an adequate supply.
Desianated Growth Areas - Greenfields
2.20 The DGP requires that designated growth areas (Le. greenfields), currently
within urban boundaries designated in official plans, develop at 50 residents
and jobs per hectare (:t20 residents and jobs per acre). This density is
generally consistent with the densities planned for Greenfield development in
the Region and used to determine land needs for the ROP Review (17
units/ha or 7 units/ac).
2.21 New development in greenfield areas is to be "designated, zoned and
designed in a manner that encourages street configurations that support the
early integration of transit services". This would include: prohibiting reverse
lot frontages; generally providing a grid system of roads that are pedestrian
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oriented; and providing higher densities adjacent arterial roads. Policy
direction that encourages the early integration of transit services in our
communities is consistent with the ROP and the Transportation Master Plan,
and this is supported.
Urban Boundaries
2.22 . The Province estimates that there is sufficient designated land in the GGH ''to
accommodate the majority of growth for approximately two development
cycles". (lNe are unsure whether this is intended to include the entire
planning period to 2031, as no clear definition is provided.) However, as
noted earlier, the ROP Review Discussion Paper concluded that Durham
would require additional designated "living Area" to accommodate its
forecasted growth, with 20% intensification, between 2026 and 20312. The
DGP recognizes that planning for sustainable growth to 2031 and beyond
requires the realization of more compact, transit-efficient forms of
development, with an emphasis on intensification and re-urbanization.
However, it also recognizes that settlement area boundaries will eventually
have to be expanded.
2.23 The need for and phasing of increases to the amount of greenfield areas
within a municipality and any requirements for settlement area expansions is
to be assessed as part of the preparation of Sub-area Growth Strategies3
(SAGS), to be prepared jointly by the Province and municipalities. No
expansions to urban boundaries will be permitted until SAGS are prepared.
The DGP provides no indication of the expected timing for the preparation of
SAGS.
2.24 The assessment of land required for urban development is currently
Durham's responsibility, and is a key component of the on-going ROP
Review. It is imperative that Durham and its area municipalities continue to
have a key role in planning for growth in the Region.
2 Note: This does not account for individual area municipal circumstances.
3 Detailed laler in tniSReport... ... ... ... . ..
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Small Cities and Towns
2.25 The DGP recognizes that while urban growth areas will be the focus of major
growth, small cities and towns can also grow, consistent with the policies of
the Plan, including intensification targets established through the SAGS.
Small cities and towns are defined as, "settlement areas that do not include
an urban growth centre within their current settlement area". It is unclear if
this policy is intended to apply to Lake Ontario Shoreline municipalities within
the Region that do not include a UGC (Le. Ajax, Whitby and Clarington). Ajax
is part of the Region's western anchor with Pickering. Whitby and Courtice
are part of the central anchor with Oshawa. Accordingly, these communities
(Ajax, Whitby and Courtice) should not be subject to the small cities and
towns policies.
2.26 It is also unclear, whether this policy applies to the settlement areas within the
Greenbelt Plan Area. The Ministry should clarify whether the policies for
small cities and towns and .the population, household and employment
forecasts apply to settlements located in the Greenbelt Plan Area.
2.27 The DGP also recognizes that an expansion to a small city or town would only
be permitted "where it can be demonstrated that such expansion would
achieve a minimum of one full-time job per three residents or where the
expansion will directly result in the settlement area moving significantly
toward such a ratio". Given the employment forecast for Durham overall, it is
questionable whether such a ratio can be achieved in our smaller
communities (should these proposed policies apply). This only accentuates
the need for the Province to support the Region's efforts to attract jobs, to
meet the DGP objective of "complete communities".
Infrastructure to Support Growth
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Transportation
2.28 The DGP provides the policy framework for an integrated transportation
network focussed on transit and goods movement. It recognizes the future
extension of Highway 407 through Durham and the links to Highway 401, as
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well as the future airport in Pickering. This is consistent with the Region's
previous comments on the Discussion Paper. It also recognizes the planning
for higher order transit between Oshawa and Bowmanville; the Havelock rail
line through Durham to Peterborough; and a transit link between the Town of
Markham and the future airport in Pickering. It does not however, recognize
any potential north-south links between the future airport and the urban areas
in south Durham, or future transit service on the Stouffville rail line to
Uxbridge.
2.29 It is recommended that Schedule 5, Moving People, be revised to include the
following Regional transportation corridors in Durham, as reflected in the
Transportation Master Plan (TMP):
. Highway 407 transitway to the East Durham Link, and along the East and
West Durham Links to Highway 401;
. Regional Highway 2 between the Toronto-Durham boundary and
Newcastle;
. Taunton Road from the York-Durham boundary to the East Durham Link;
. Brock Road from the Pickering GO Station to the Highway 407
transitway;
. Brock Street from the Whitby GO Station to the Highway 407 transitway;
and
. Simcoe Street from the Oshawa GO Station to the Highway 407
transitway.
These higher order transit corridors provide important linkages between
Urban Growth Centre's in the Regionand GGH, and promote transit
supportive development along the corridors in urban areas. It should be
noted however, that the Havelock and Stouffville (Uxbridge) rail lines are
recognized in the TMP as having limited ridership potential in the Region of
Durham, relative to other transit corridors.
2.30 It is also recommended that Schedule 6, Moving Goods, be revised to clearly
show the eN Rail line, which runs south of Highway 401 through Durham, as
an "Existing Major Rail Line", and the future Highway 404 extension to
Highway 12/48.
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2.31 The DGP recognizes that the Ministry of Transportation is in the process of
developing a Transportation Strategy for the GGH, which will be consistent
with the Growth Plan. The Transportation Strategy will set out more specific
objectives such as: increasing transit ridership; reducing commute time;
building up a balanced transportation system; reducing the environmental
impact of transportation; and co-ordinating transportation investment. The
Plan also recognizes the Province's intention to establish the Greater Toronto
Transportation Authority (GTTA), which will "plan, co-ordinate, and finance
transportation activities in the GTA". The Province has provided no details on
the potential mandate and governance model for the GTT A. Durham Region
must be involved in the development of the Transportation Strategy and be
represented on the GTTA, particularly as it may involve future Provincial
investment in transportation infrastructure, including transit. .
Water and Wastewater Svstems
2.32 The DGP recognizes that water and wastewater systems will need to be
expanded to support future population, household and employment growth. It
provides particular attention to future considerations of establishing inter-
connections between municipal water and wastewater systems, such as the
existing York-Durham Sewage System. Full cost recovery for such services
is a key objective, consistent with the Sustainable Water and Sewage
Systems (SWSS) Act.
2.33 The Province should provide municipalitie~ with the opportunity to assess the
implications of the Regulations to the SWSS Act, in terms of potential funding
and strategies to increase rates over time to reflect "the true costs of water
and waste water services". Water user rates are expected to increase
dramatically to address lagging investment levels for infrastructure
replacement and full cost recovery. Should the Regulations place a cap on
municipal user rates, municipal funding sources will continue to face
increasing financial pressures.
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Protectina What is Valuable
The Natural Svstem
2.34 The Province intends to develop and establish a Natural System outside of
the Greenbelt Plan area that will include:
. natural heritage features and areas;
. surface and ground water features, and hydrologic functions; and
. recognition of linkages.
SAGS may also identify policy and implementation approaches to protect the
Natural System and the features within it.
2.35 Since the majority of Durham is included in the Greenbelt Plan area, this
policy will only affect the southern portions of the Region. The proposal to
map and provide policies to protect the Natural System is consistent with
Regional Official Plan and ROP Review Directions. As such, the Province's .
intent to include mapping and policies to protect the natural system in the
SAGS, would be redundant. It is recommended that the DGP merely provide
the framework for mapping and policies to protect the natural system. The
details should be established in upper and single-tier official plans.
The Aaricultural Svstem
2.36 The Province intends to identify and map an Agricultural System (prime
agricultural areas and rural areas), outside of the Greenbelt Plan area. The
Agricultural pOlicies cannot be less protective than the PPS, and must permit
normal farm practices and a full range of agricultural, agriculture-related, and
secondary uses. Rural areas are intended to accommodate the same uses
as prime agricultural areas, in addition to a range of recreational, tourism, and
resource-based commercial and industrial uses. Municipal official plans will
be required to incorporate the Agricultural System.
2.37 Since the majority of Durham is included in the Greenbelt Plan area, this DGP
policy will only affect the southern portions of the Region that are outside the
Greenbelt and the existing Uri:lan Ar~as. These policies are similar to the
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Agricultural System policies of the Greenbelt Plan, which will be incorporated
. into the policy structure and mapping in the ROP. As such, the Province's
intent to include mapping and policies for the Agricultural System in the SAGS
would be redundant. It is recommended that the DGP merely provide the
framework for mapping and policies for the Agricultural System. The details
should be established in upper and single-tier official plans.
Mineral Aaareaate Resources
2.38 The Province intends to develop a long-term strategy for mineral resource
management in the GGH. The strategy will examine:
. approaches for coordinated and orderly extraction of aggregates to
minimize conflict with other land uses;
. approaches for coordinated rehabilitation between adjacent operations;
and
. opportunities for alternative and innovative ways to both conserve and
extract aggregates.
The approach regarding coordinated rehabilitation is consistent with the ROP
Review directions. The Province should clarify whether this policy is intended
to apply to the entire GGH area or only those areas outside the Greenbelt
Plan Area.
Sub-Area Growth Strateaies
2.39 As previously noted, the Growth Plan will be implemented through a series of
"Sub-Area Growth Strategies" (SAGS). The intent is to address cross
boundary and area specific issues at a smaller geographic scale, through the
preparation of this intermediary planning framework (i.e. between the Growth
Plan and upper-tier official plans). By further detailing Provincial interest in a
sub-area, the Province feels that the overall goals and objectives of the
Growth Plan can more effectively be implemented.
2.40 The GDP has identified five distinct sub-areas within the GGH. Durham is in
a Sub-Area with Toronto, York, Peel, Halton and Hamilton.
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2.41 The Sub-Area Growth Strategies will address the following:
. distribution of population, household and employment forecasts for upper
and lower tiers;
. identification of intensification areas and establishment of targets for such
areas;
. establishment of intensification of targets for each area municipality;
. delineation of the built boundary within each area municipality;
. establishment of affordable housing targets for the sub-area;
. completion of a sub-area economic analysis;
. completion of a comprehensive infrastructure planning needs analysis;
. determination of the need for and phasing of expansions to the amount of
Greenfield area within municipalities, the potential expansion of specific
settlement areas;
. identification and priority of key infrastructure to service forecasted
growth;
. mapping of the natural system and establishment of protection measures;
and
. mapping of the agricultural system and establishment of protection
measures.
2.42 The matters to be addressed in the SAGS are all essential elements of
growth management. At present, the majority of these matters are being or
can be addressed by the Region in its official plan (population distribution,
identification of intensification areas) or other studies that are regularly
undertaken by the Region (development charges studies, servicing and
financing studies). As such, SAGS are redundant and will duplicate the
planning policy and implementation efforts currently undertaken by upper and
single-tier municipalities. The preparation of the SAGS will also provide an
unnecessary, third level of Provincial policy (Le. PPS, Growth Plan, SAGS), in
addition to the Regional Official Plan and area municipal official plans, which
will be excessive from a policy coordination and implementation perspective.
2.43 The logistics involved in preparing the SAGS will also be very onerous. All of
the matters to be asldressed will have to be coordinated amongst all of the
sub-area municipalities. Inevitably, there will be competing interests.
Approvals will be required from all Councils. The task of preparing SAGS will
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be onerous and very time consuming. It would be far more effective for the
Growth Plan to merely provide a policy framework, a basis for implementation
by upper and single-tier municipalities through their official plans and regular
infrastructure studies.
2.44 The Province must reconsider whether SAGS are necessary given the
duplication of current responsibilities of upper and singe-tier municipalities
and the onerous logistics and time necessary to complete them. Should the
Province continue with the SAGS approach, it is essential that the SAGS add
value to the current planning system and be prepared in partnership with the
affected municipalities.
Imolementation
2.45 The DGP recognizes that the key to its success is its implementation. Key
mechanisms include providing a legislative framework, an appropriate range
of tools, and ensuring ongoing monitoring and review.
Places to Grow Act
2.46 The proposed Places to Grow Act (Bill 136) will provide the legislative
framework for the Province to establish a growth plan area, and allow the
Minister of Public Infrastructure Renewal (PIR) to prepare a growth plan for all
or part of that area. (The Act has had one reading.)
2.47 The proposed Act includes processes for making and amending growth plans
and outlines the general contents of a Growth Plan.
2.48 The proposed Act would require municipalities to amend their official plans to
conform to the Growth Plan. Decisions made under the Planning Act,
Condominium Act or other acts as may be prescribed, must conform to the
Growth Plan.
2.49 Only the Minister can initiate an amendment to a Growth Plan. This could
occur when an SAGS is to be added or after a review of the plan, which
would take place at least every 10 years.
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2.50 The proposed Act does not include any transition provisions. Therefore, it is
unknown if applications made prior to the effective date of the Growth Plan
would be impacted. The Province must declare its intent regarding transition
issues, in order that we may assess the impact on applications, as well as the
on-going lands needs assessment component of the ROP Review.
Implementation Tools
2.51 The DGP recognizes that regulatory and fiscal tools are necessary to assist in
the implementation of the Growth Plan. The regulatory tools generally fall
under the Planning Act, some of which have been realized through the recent
changes to the Planning Act and the PPS.
2.52 The most important tools will be fiscal. While the DGP recognizes that the
Province is examining tools to provide infrastructure and leverage private
investment to support compact development and intensification, no details are
provided. As noted in our previous comments, the Province must direct its
energies to develop the necessary tools. Municipalities face fiscal constraints
with limited opportunities to generate revenue (I.e. property taxes, fees and
development charges). Innovative and sustained funding sources and
options related to education property taxes and development charges will be
required to implement the Growth Plan. GTA municipalities are still struggling
with financial burdens imposed by GTA pooling, GO Transit needs, aging
infrastructure and unmet community expectations, such as affordable
housing. New revenue sources, especially those thai would fund social
programs, are essential.
2.53 More specifically, the Province must commit a sustainable source of funding
for transit; the Development Charges Act should be amended to allow
municipalities to finance the full cost of services; and the Environmental
Assessment Act should be amended to streamline the process of approval for
infrastructure that supports the Growth Plan objectives. Tools should be
developed to influence a shift in: market preferences for housing types;
location of residence; and transportation choices that support intensification.
The Province should also establish a policy that Provincial infrastructure
65
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Report No.: 2005-P-30
Page No. 21
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investments, particularly in the area of human services, will be supportive and
implement the Growth Plan.
Monitorina and Review
2.54 The monitoring and review of the Growth Planwill be necessary to assess its
effectiveness. The DGP recognizes that the Province will develop a
framework and a set of indicators to measure the implementation and
achievement of the goals and targets of the Growth Plan. Municipalities (i.e.
the Region) will be required to undertake the actual monitoring for their
jurisdiction. Although no details have been provided, we can assume that
they will be onerous, given the requirements outlined in the Growth Plan and
for the SAGS. This will require on-going staff time and resources to collect
and maintain the required information.
Provincial Multi-vear Infrastructure Strateav
2.55 The DGP recognizes the Province's intent to implement a multi-year
infrastructure strategy. MPIR has been mandated to manage a centralized
infrastructure planning process, including transfers for capital purposes to
partners in the broader public sector. The DGP places a priority on Provincial
infrastructure investments that support the Growth Plan, including the
development of an integrated transportation network. However, no details are
provided. It is unclear how or if this will benefit the Region. It is also not clear
if Provincial investment will be tied to the performance indicators referenced
above. The Province should put in place a multi-year infrastructure strategy
concurrent with the enactment of the Growth Plan.
2.56 Many of the proposed policies identified in the DGP imply that municipalities
have not been proactive in developing infrastructure planning needs and
infrastructure investment strategies. For example, the DGP suggests that
"short-term thinking" has contributed to a decline in infrastructure investments
and adversely affected the delivery of critical public services. While this may
be true for some smaller municipalities, such generalizations are
disconcerting to larger municipalities that have been committed to addressing
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Report No.: 2005-P-30
Page No. 22
infrastructure needs and investments, through the implementation of long-
term fiscal strategies.
2.57 The Region of Durham, which has a proven track record of successfully
developing and implementing its own long-term infrastructure planning and
respective financing strategies, including:
. developing five-year economic and financial forecasts to address all
aspects of Regional operations when preparing its annual operating and
capital budgets. As observed by Moody's Investors Services in assigning
the Triple AAA rating to Durham Region: "the conservative nature of the
forecast, which incorporates various risk scenarios, facilitates far-sighted
decision-making and has sustained strong financial performance";
. relying upon pay-as you-go financing to cover major capital projects.
Water and sewer rates and the user rate structure, development charges,
general property taxation and long-term capital requirements are reviewed
annually to ensure efficient operations and continued viability of capital
programs, including water supply and sanitary sewerage; and
· implementing an asset management team to closely monitor the state of
the Region's infrastructure, prioritize capital infrastructure needs and
optimize rehabilitation and replacement decisions.
2.58 The Region's procurement and financing strategies for infrastructure have
been endorsed by major credit rating agencies, suggesting they are best
practices for long term, responsible financial planning. The MPIR should
recognize the Region's existing practices of developing and implementing its
own long-term infrastructure planning and financing strategies, as the
Province develops its multi-year infrastructure strategy.
3. CONCLUSIONS
3.1 While the Vision and general directions of the DGP are consistent with the
ROP, the need for another layer of planning policy through SAGS is clearly
not necessary. If the Growth Plan is approved it will focus the activities of the
Region to the development of the SAGS for the GTAH, as the basis for all of
our planning activities. This will be a very onerous and time-consuming task,
and it would duplicate the on-going work being undertaken for the ROP
- ....-- -- --'-'''-'''--'-
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Report No.: 200S-P-30
Page No. 23
Review and other Regional infrastructure and financing studies. It is
recommended that the Growth Plan merely provide a policy framework as a
basis for implementation by upper and single-tier municipalities, through their
official plans and regular infrastructure studies.
3.2 The Province must recognize that large municipalities, like the Region, do not
permit development without ensuring that the necessary capital infrastructure
is available and funded. Capital planning and budgets should continue to be
developed at a Regional level to reflect our responsibilities for the provision of
those services, while reflecting the goals and objectives of the Growth Plan.
3.3 The Province must develop and implement an effective suite of tools, financial
or otherwise, to support the goals and objectives of the Growth Plan.
Sustainable transit funding, full cost development charges and a streamlined
environmental assessment process are measures that should be considered.
3.4 The Province must support and build upon the Region's on-going efforts to
attract jobs to Durham, to meet the DGP objective of "complete communities".
3.5 It is recommended that this report be submitted to the Province as Durham
Region's response to the Places to Grow: Better Choices, Brighter Future,
Draft Growth Plan for the Greater Golden Horseshoe document.
3.6 This report has been prepared in consultation with the Finance and Works
Departments.
/f{;/
A.L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
G8
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Report No.: 2005-P-30
RECOMMENDED FOR PRESENTATION TO COMMITTEE
:t~dlf
Garry H. Cubitt, M.S.w.
Chief Administrative Officer
Attachment:
1.
Draft Growth Plan (under separate cover)
H:\1.2\agendas\2005\03-29-05\Dralt Growth Plan CR.doc
G'
Page No. 24
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CI!1!inglOn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Resolution #:
Report #: EGD-12-05
File#:
By-law #:
Subject:
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR MARCH, 2005.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-12-05 be received for information.
Submitted by:
A. S. Cannella, C.E.T.
Director of Engineering Services
d~~
Reviewed by:
Franklin Wu
Chief Administrative Officer.
ASC*RP*bb
April 14, 2005
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-9282
701
REPORT NO.: EGD-12-05
PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of March 2005, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF YEAR TO YEAR TO % CHANGE
OF VALUE
MARCH 2005 DATE 2005 DATE 2004 YTD 05-04
Permits Issued 91 212 236 -10.2%
VALUE OF CONSTRUCTION
Residential $13,137,860 $29,913,452 $33,621,359 -11.0%
Industrial $C $11,600 $5,00C 132.0%
Government $( $50,000 $20,000 1S0.0DA
Commercial $110,0~ $110,000 $2,999,71~ -96.3DA
Institutional $0 $19,609,80C N/Jl
Agricultural $( $0 $117,000 N/Jl
OPG ~ $0 $80,00C N/Jl
Miscellaneous $7,800 $15,00( -48.0"A
OTAL $13,247,860 $30,092,852 $56,467,87~ -46.7DA
The following is a historical comparison of the building permits issued for the month of
"MARCH" and "YEAR TO DATE" for a three year period.
Historical Data for Month of "March"
Historical Data ''YEAR TO DATE"
$60,000,000
$40,000,000
$35,000,000
$30.000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
$50,000,000
$40,000,000
$30,000,000
$20,000,000
$10,000,000
$0
2005
$30,196,643
2004
$56,467,873
2003
$30,331.641
2005 2004 2003
IiIvalue $13,351,651 $36,755,445 $12,058,802
Elvalue
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REPORT NO.: EGD-12-Q5
PAGE 3
The following is a comparison of the types of dwelling units issued for the month of "MARCH"
and "YEAR TO DATE".
o
Townhouse
0"..
[),yelling Unit Type "MARCH 2005"
o
ApartrTBnt
0%
Dwelling Unit Type "YEAR TO DATE
2005" 1
Apartment
1%
34
Sarli-
Oetached
49%
II! Single Detached 36
Ell Semi-Detached 34
o Townhouse 0
I!1l Apartment 0
36
Single
Oetached
51%
82
Semi-
Detached
50%
Ell Single Detached 82
ISISemi-Detached 82
G1Townhouse 0
III Apartment 1
82
Single
Detached
49%
Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building
Permit
703
Municipality of Clarington
Building Services - Monthly Activity Report
March
2005
2005 2004
Type of Construction March Year to Date March Year to Date
Residential: Single Detached 36 82 47 . 97
Semi-Detached 34 82 40 80
Townhouse 0 0 7 21
Apartment 0 1 0 0
Other Construction 9 26 20 38
Sub Total 79 191 114 236
Industrial: New Building 0 0 0 0
Addition/Alteration 0 2 0 1
Sub Total 0 2 0 1
Government: New Building 0 1 0 0
Addition/Alteration 0 0 1 1
Sub Total 0 1 1 1
Commercial: New Building 1 1 2 3
Addition/Alteration 4 4 5 10
Sub Total 5 5 7 13
Institutional: New Building 0 . 0 1 2
Addition/Alteration 0 0 0 3
Sub Total 0 0 1 5
Agricultural: New Building 2 2 . 1 3
Addition/Alteration . 0 0 1 1
Sub Total 2 2 2 4
OPG: New Building 0 0 0 0
Addition/Alteration 0 0 1 1
Sub Total 0 0 1 1
HVAC, Plumbing & Miscellaneous: 3 4 3 5
Demolition: 2 7 0 2
TOTALS 91 212 129 268
2005 2004
March Year to Date March Year to Date
Residential: $13,137,860 $29,913,452 $15,425,481 $33,621,359
Industrial: 0 $11,600 0 $5,000
Government: 0 $50,000 $20,000 $20,000
Commercial: $110,000 $110,000 $1,638,464 $2,999,714
Institutional: 0 0 $19,504,500 $19,609,800
Agricultural: $64,691 $84,691 $82,000 $117,000
Ontario Power Generation: 0 0 $80,000 $80,000
Miscellaneous: $19,100 $26,900 $5,000 $15,000
TOTALS $13,351,651 $30,196,643 $36,755,445 $56,467,873
704
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March
2005
PERMIT FEES
March
$87,243
2005
Year to Date
$198,011
2004
Year to Date
$212,360
March
$272,381
2005 2004
March Year to Date March Year to Date
Building Inspections 619 1923 526 1353
Plumbing Inspections 628 1659 430 922
TOTALS 1247 3582 956 2275
2005 2004
March Year to Date March Year to Date
Single Detached 36 82 47 83
Semi-Detached 34 82 40 106
Townhouse 0 0 7 0
Apartments 0 1 0 0
TOTALS 70 165 94 189
YEAR: 2005 1995
AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996
month'
Bowmanvilie 42 587 468 345 312 188 184 313 423 217 229
Courtice 61 173 180 133 129 231 296 254 295 331 170
Newcastle 58 191 123 131 76 110 78 4 5 3
Wilmot Creek 3 25 29 38 24 19 21 33 21 16 16
Orono 2 1 1 1
Dartington 1 15 13 17 47 102 31 14 20 17 21
Clarke 10 16 15 9 17 17 12 20 10 7
Burketon 1 1 1 1 1 2
Enfield 3
Enniskilien 1 2 . 5 7 6 . 3 7 3
Hampton 3 1 1 1 2 1 2 2 1
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
Leska rd 1 1
Maple Grove 1
Mitchelis Corners 1
Newtonville 5 3 3 3 1 2 2
Solina 3 3 1 1
Tyrone 3 9 3
TOTALS 165 1015 843 701 609 679 640 636 801 601 447
On: gpamar5a
705
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REPORT
ENGINEERING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 25, 2005
Report #:
EGD-14-05
By-law #:
File#:
Subject:
PORT OF NEWCASTLE CONCEPTUAL WATERFRONT PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report EGD-14-05 be received;
2.
THAT Phase One of the Conceptual Waterfront Plan for the Port of Newcastle be
approved as a guide for the development of a linear waterfront park;
3.
THAT staff be authorized to negotiate with Kaitlin for additional waterfront land at the
mouth of the Graham Creek and to re-grade the bluff along Lake Ontario; and
4.
THAT the proposed erosion control works be referred to the Capital Budget and
Forecast.
6.
Tg-tti r k {JJ~ N~ bl. ~+~IJ"::J PNr 1lvY tJpPz",.
~
Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu,
Director of Engineering Services Chief Administrative Officer
ASC/PW~o
April 20, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
706
REPORT NO.: EGD-14-05
PAGE 2
1.0 BACKGROUND
Through development of the Port of Newcastle subdivision, the Municipality will acquire a
900m long continuous block of District parkland along the Lake Ontario shoreline
between Toronto Street and the west edge of the Region of Durham Water Treatment
Plant. Additionally the Municipality was granted a 300m long, 15m wide easement from
the Kaitlin Group along the waters edge from the east side of the Region's Plant to the
pier at the Graham Creek (Attachment 1).
The land is intended to be developed as a linear waterfront park with connections to the
Samuel Wilmot Nature Area to the west and Graham Creek to the east. Most of the land
sits atop a steep bluff 9m to 13m above the level of Lake Ontario.
In 2000 The Kaitlin Group, the developers of the subdivision, engaged Marshall Macklin
Monaghan Ltd. to work with the Municipality and prepare a conceptual waterfront plan for
all of the lands described above. A series of public meetings were held to obtain
resident input and a peer review by an independent consultant was used to finalize the
conceptual plan. The plan was prepared to provide a conceptual guide for the future
development of the parkland and to submit for a second round of SuperBuild funding
which did not occur.
A key recommendation of the plan is to improve site safety by re-grading the bluff to a
2: 1 slope. Kaitlin is currently preparing to develop the western portion of their Port of
Newcastle subdivision. As part of that development they can accommodate the fill
material generated by re-grading the bluff. They have offered to do the work at their own
cost and move the fill material to their next phase of residential development in 2005. If
the bluff grading is not done in 2005 then the Municipality would have to re-grade the
bluff and truck the fill away from the site in the future.
2.0 CONCEPTUAL WATERFRONT PLAN
The location and elevation of the parkland provides a number of opportunities and some
significant constraints to development of a District Park. People will be drawn to the area
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REPORT NO.: EGD-14-05
PAGE 3
for the views out over the lake and proximity to the waters edge. The parkland is also
directly adjacent to the Samuel Wilmot Nature Area and is ideally suited for the
development of a passive linear park with some active nodes and parking lots on wider
portions of the site. The prominent feature of the conceptual waterfront plan will be the
development of a 3m wide trail that would meander along the parkland overlooking the
lake. The trail would connect to the Samuel Wilmot Nature Area at the west end of the
site. At the east end the trail would swing north at the Region's Water Treatment Plant
and follow local roads to connect with the existing trail along the Graham Creek at the
rear of Carveth Crescent. Due to the potential difficulties and high cost of creating a
pedestrian link across the Graham Creek it is proposed that the Waterfront Trail continue
north along Port of Newcastle Drive and then south on Mill Street to connect to Bond
Head and eventually Lakeshore Road.
2.1 PHASE ONE PARK DEVELOPMENT (Attachment 2)
The 7.35 ha (18 acre) park from the Region's Water Treatment Plant west to Toronto
Street would be predominately passive in character and will include:
. an 800m long, 3m wide asphalt waterfront trail
. connecting trails leading from the various park features to adjacent roads and
parking lots
. seating areas and lookout platforms located along the top of the bank providing
vistas out over Lake Ontario
. flexible open lawn areas for events or multi-use activities
. a parkette at the south end of Port of Newcastle Drive will be the focal point of
phase one and will be the main access point from the neighbourhood to the park. It
would include play grounds, seating areas and a gazebo
. two public parking lots along the south edge of Lakebreeze Drive
. landscaping including seeding, sodding and tree planting
The existing bluff is a significant constraint to providing a safe and accessible park. The
conceptual waterfront plan proposes to reduce the bluff by re-grading it to a 2:1 slope,
and protect the shoreline from further erosion with armour stone..
708
REPORT NO.: EGD-14-05
PAGE 4
The preliminary cost estimate for Phase One of the conceptual waterfront plan, from the
Region's Water Treatment Plant to Toronto Street, not including bluff grading or
shoreline stabilization, is $1.1 million.
2.2 PHASE TWO PARK DEVELOPMENT (Attachment 3)
It has yet to be determined how much public land will exist east of the Regional Water
Treatment Plant. This portion of the conceptual waterfront plan is currently in Kaitlin's
ownership, with the Municipality having a 15 m easement along the lake edge. The
Municipality is currently in discussions with Kaitlin to determine the extent of potential
public park space. The conceptual waterfront plan proposes higher order active facilities
in this area such as tennis courts, water play, an event area with bandshell/pavilion,
formal gardens a washroom building, and community meeting rooms. This portion of the
conceptual waterfront plan may require revision or a joint use agreement depending on
whether the land is owned, developed, and maintained by the Municipality.
.
The park development at the mouth of the Graham Creek and south of the Brig would be
Phase Two of the District Park development. The timing of this phase could be
coordinated with Kaitlin's proposed development in that area. The estimated cost to the
Municipality for Phase Two will depend on the amount of public land obtained in this
portion of the site and proposed uses.
3.0 COASTAL ENGINEERING ASSESSMENT
The waterfront lands for the park include approximately 760 meters of existing bluffs. To
increase public safety the conceptual waterfront plan proposes to eliminate the bluff by
re-grading at a 2:1 slope and installing toe protection at the waters edge to control
erosion. At selected locations a terraced access pathway could be incorporated into the
slope to provide closer access to the waters edge.
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REPORT NO.: EGD-14-05
PAGE 5
W.F Baird and Associates - Coastal Engineers were retained to review the conceptual
plan specifically as it relates to coastal engineering issues. The objective of the study
was to assess and report on the technical and engineering aspects of the proposed
stabilization works. The study focused on two primary tasks:
1) Provide a description of the cohesive shoreline and establish shoreline recession
rates.
2) Review the proposed stabilization method and provide alternative approaches.
3.1 GENERAL SHORELINE DESCRIPTION
Typically the shoreline along the south edge of the parkland is dominated by steep bluffs,
which rise 9m to 13m above the lake. The eroding bluff shoreline is classified as a
"cohesive shoreline". Approximately 40% of the lower Great lakes shorelines are
cohesive. The bluffs are glacial till with minimal vegetation on the steep bluff face,
indicating ongoing erosion. A relatively narrow coarse sand, gravel, and cobble beach is
located along the base of the bluff. The beach width varies with fluctuations in water
level. Ownership of the lakebed up to the high water mark rests with the Crown under
the jurisdiction of the Ontario Ministry of Natural Resources.
Using air photos, Baird was able to calculate the amount of erosion since 1955 along the
760m stretch of bluff. In general, the easterly portion of the bluff has retreated a greater
distance, typically 9m to 20m since 1955; average annual rate .2m to .45m (8"-18" per
year).
The westerly portion of the bluff has retreated 3m to 9m since 1955; average annual rate
less than .2m (8" per year).
Without some means of protection the erosion of the cohesive shoreline material is
irreversible and ongoing.
710
REPORT NO.: EGD-14-05
PAGE 6
3.2 SHORELINE PROTECTION ALTERNATIVES
At existing rates the bluff would retreat 20m to 40m over a period of 100 years. If
remedial action is not taken the waterfront access and parkland will eventually be lost.
The existing high steep bluff also poses a risk to those using the parkland.
Armour Stone Revetment
The conceptual waterfront plan recommends a basic armour stone revetment at the
waters edge. This can provide some shore protection for a period of time, but is not a
long term solution.
The controlling process for erosion of the bluff is the downcutting or downward erosion
of the lakebed by wave induced forces. For effective long term shore protection the
design must not simply armour the waters edge but must extend to the lake bottom to
eliminate the down cutting that causes the erosion. A typical revetment structure must be
of sufficient size and height to resist wave attack and ice forces. It would crest above
lake level and extend directly into the water (Attachment 4). The slope of the structure
face would not allow access by people to the waters edge and the existing cobble beach
would be eliminated. This type of revetment has been used effectively along the
Scarborough Bluffs. In Scarborough the revetment structure was built, but the bluffs
have not been re-graded. Instead they have been allowed to self stabilize. Both re-
grading and self stabilization result in the loss of tableland at the top of the bluff. The
cost of a full revetment structure would be in the order of $2,000 per linear meter of
shoreline protected.
Maintaining the existing width of tableland at the top of bluff would require massive
quantities of fill extending approximately 20m into the lake to achieve a 2:1 slope. This is
not considered a feasible approach for this project because of the high cost and impacts
on fish habitat. The main elements of the conceptual waterfront plan could still be
constructed despite the loss of tableland.
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REPORT NO.: EGD-14-05
PAGE 7
Detached Breakwaters and Artificial Headlands
Detached breakwaters are island structures made of stone that are located 100m to
150m offshore parallel to the shoreline (Attachment 5). They are intended to reduce
wave energy before reaching the shoreline. They can be constructed as a continuous
structure or a series of structures separated by gaps and they can extend above the
water level or be submerged just below the water level.
Artificial headlands are similar to detached breakwaters except that they typically have
some form of perpendicular connection to the shore to contain alongshore transport of
sediment (Attachment 6). They are generally located closer to the shoreline. Artificial
headlands are often used to protect and retain placed beach material.
The two primary advantages to detached breakwaters and artificial headlands are:
1) The erosion protection is located offshore which permits the preservation or
enhancement of the existing shoreline.
2) The beach area created behind the breakwaters or headlands provides a valuable
waterfront resource for public use.
The disadvantages of detached breakwaters and artificial headlands are:
1) The extent of lakebed occupied by the structures and the beach fill are significant and
would be subject to extensive review under the federal Fisheries Act.
2) There could be potential impacts on downdrift shorelines that would have to be
assessed.
3) High cost, typically $4000 per meter of protected shoreline.
4.0 . CONCLUSION
The Municipality will own or have access easements over most of the land along the
Lake Ontario shoreline between Toronto Street and the mouth of the Graham Creek.
The land will be a valuable resource for public use and enjoyment. The conceptual
waterfront plan prepared for the land is appropriate as a guide for the future development
of the parkland. The parkland will most likely develop in phases and detailed design for
712
REPORT NO.: EGD-14-05
PAGE 8
each phase will carefully examine proposed uses in context with the recreational needs
of the area and site conditions.
With the ownership of the land comes the responsibility for controlling the erosion of the
bluff. Without some means of protection the erosion of the Port of Newcastle shoreline is
irreversible and ongoing. If the Municipality intends to construct a linear waterfront park
adjacent to the eroding shoreline a long term solution must be implemented. Based on
the effectiveness and cost of the various shoreline protection alternatives, it is
recommended that armour stone revetment be installed along the 760m of existing bluff
at an estimated cost of $1.5 - $2 million. The bluff should also be re-graded to a 2:1
slope for the protection of the public using the park.
Kaitlin. the subdivision developer, has confirmed that they could accommodate the fill
material removed from the re-graded bluff within their next phase of development. They
have also agreed to perform the grading at their cost starting in the spring of 2005. This
initiative will enable the Municipality to avoid this cost in the future, a potential savings of
$400,000-$500,000.
The re-graded slope will eventually need some means of erosion protection; however,
the work could be deferred until funding is approved. Once the bluff grading is
completed, the Municipality could consider establishing a section of waterfront trail from
Toronto Street to the Region's Plant. Further components of the plan could be added
subject to Council's direction.
Funds for the installation of erosion protection and for the development of the waterfront
park should be included in a future Capital Budget and Forecast.
Attachments:
Attachment 1 - Land Ownership
Attachment 2 - Conceptual Waterfront Plan Phase I
Attachment 3 - Conceptual Waterfront Plan Phase II
Attachment 4 - Armour Stone Revetment
Attachment 5 - Detached Breakwaters
Attachment 6 - Artificial Headlands
713
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DRAWN BY: E.L.
DATE: April 18,2005
..--'?'""'
REPORT EGD-14-05
ATTACHMENT NO.1
714
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Armour Stone Revetment at Fisbleigb Drive,
Scarborougb Bluffs
"Protected" :e.horellne
Backshore protectIon
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'ar<2}er:IIV.a~e~ tC'~tt:Clck
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unprotected
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Eventual
undermining
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Continued down cutting
of nearshore profile
Future Undermining of Structure Due to Downcutting
REPORT No. EGD-14-05
ATTACHMENT No.4
717
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Plan View
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bhting Profile
Detached Breakwater
Beach Fill
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Cross-Section A-A
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Alternative Detached Breakwaters
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Detached Breakwaters
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REPORT No. EGD-14-05
ATTACHMENT No.5
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Artifidal Headlands
Artificial Headlands
Lake Forest, Illinois
Eastern Beaches, Toronto
REPORT No. EGD-14-0S
ATTACHMENT No.6
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I Meeting:
Date:
I Report #: ESD-006-05
I Subject:
I Recommendations:
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REPORT
EMERGENCY AND FIRE SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
APRIL 25,2005
By-law #
File# 10.12.6
MONTHLY RESPONSE REPORT - MARCH 2005
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
THAT Report ESD-006-05 be received for information.
Submitted by: .1, I (~ l.J-----
Gordon Weir, AMeT, CMM111
Director Emergency & Fire Services
()
'- Vt(.. tC Q_
Reviewed by: . {t - ~
Franklin Wu.
Chief Administrative Officer
GW*sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C :3A6 T(905)623-3379 F (905)623-6506
901
REPORT NO: ESD-OOG-OS
PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month March, 2005. It is our intent to provide Committee with
information relevant to this department, in a timely manner.
2. REPORT
2.1 The department responded to 253 calls during this period and recorded total fire loss at
$332,520. A breakdown of calls responded to follows in the table attached.
902
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CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
Period: March 1,2005 OO:OO:OOhrs to March 31,2005 23:59:59hrs
CALL TYPES - VOLUME BY STATION
STATION 1 STATION 2 STATION 3 STATION 4 STATION 5
TOTALS
6 1
o
Courtice
4
Enniskillen
o
11
CALL TYPE
PROPERTY FIRE CALLS
Bowmanville Newcastle
Orono
includes structure, chimne , vehicle, miscellaneous e.
UNAUTHORIZED BURNING 1
(burning complaints
FALSE FIRE CALLS
3
o
4
20
includes alarm activations-accidental//malicious, hurnan-
13
(includes vehicle extrications/accidents, commercial/industrial accidents, home/residential accidents, waterlice rescues)
46 9 36 1 115
1
45
I TOTALS
16
4
253
# of Fire Calls
Dollar Loss $
64
$16,500
DOLLAR LOSS
1 0
$300,000 $0
4
$16,020
o
$0
11
$332,520
# of Standb s - Calls
# of Standbys -
Training
VOLUNTEER STANDBY RESPONSES
9 0 0 6
o
15
o
o
o
o
o
o
2005 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May. Jun. Jul. I Aug. i Sep. I Oct. Nov. Dec.
STATION 1 153 118 109 0 0 0 0 , 0 0 I 0 0 0 380
STATION 2 38 36 34 , 0 0 0 0 0 0 I 0 0 0 108
STATION 3 28 23 16 0 0 0 0 0 0 0 0 0 67
STATION 4 95 69 I 90 0 , 0 0 0 0 0 0 0 0 254
,
STATION 5 16 8 , 4 0 I 0 0 0 0 0 0 0 0 28
837
TOTALS 330 I 254 253 0 . 0 I 0 0 I 0 0 0 0 , 0 837
2004 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. I May. Jun. Jul. Aug. Sep. Oct. I
Nov. I Dec.
STATION 1 114 111 103 105 98 131 105 105 101 111 117 , 151 I 1352
STATION 2 35 29 , 27 32 , 24 20 40 31 34 31 19 i 40 362
STATION 3 18 17 I 12 13 14 , 9 10 25 13 11 18 29 189
,
STATION 4 74 57 70 69 I 57 I 81 73 73 65 61 68 76 824
STATION 5 7 4 I 7 9 I 9 I 11 19 16 11 10 5 18 126
2853
TOTALS 248 I 218 219 i 228 I 202 252 247 I 250 224 , 224 I 227 314 ;;U~53
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Apri125,2005
Report #:
CLD-14-05
File#:
By-law #:
Subject:
PRIVATE PARKING ENFORCEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-14-05 be received;
2. THAT the by-laws attached to Report CLD-14-05 to appoint parking enforcement
officers for private property be forwarded to Council for approval; and
3. THAT James Barr, Tamara Craine, Munyaradzi Chitengu, Alpesh Patel, Melissa King,
Ingrid Patz, Derek Cameron and Securitas Canada be advised of Council's actions.
Reviewed bk2,~-6S1...
Franklin Wu,
Chief Administrative Officer
Submitted b .
PLB*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.14-05
PAGE 2 012
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.
Securitas Canada Ltd. and NCC#5 have approached the Municipality and requested that
officers from Securitas Canada be authorized to issue parking tickets on their property at
NCC #5 located at 1651 to 1659 Nash Road, Courtice. The officers Securitas is proposing are
James Barr, Tamara Craine, Munyaradzi Chitengu, Alpesh Patel, Melissa King, Ingrid Patz,
and Derek Cameron.
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. Securitas 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 James Barr as a Parking Enforcement Officer for
Private Property
2 By-law to AppointTamara Craine as a Parking Enforcement
Officer for Private Property
3 By-law to Appoint Munyaradzi Chitengu as a Parking Enforcement
Officer for Private Property
4 By-law to Appoint Alpesh Patel as a Parking Enforcement Officer for
Private Property
5 By-law to Appoint Melissa King as a Parking Enforcement Officer for
Private Property
6 By-law to Appoint Ingrid Patz as a Parking Enforcement Officer for
Private Property
7 By-law to Appoint Derek Cameronz as a parking Enforcement Officer
for Private Property
INTERESTED PARTIES:
Securitas Canada
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1102
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint indMduals 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-Iaws of the
Municipality; and
WHEREAS it is desirable to appoint James Barr, 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 NCC #5 located on 1651 to 1659 Nash
Road, Courtice, in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. James Barr 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 proparty located at NCC #5 located on 1651 to 1659
Nash Roed, Courtice, 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 2nd day of May 2005.
BY-LAW read a second lime this 2nd day of May 2005.
BY-LAW read a third time and finally passed this 2nd day of May 2005.
John Mullon, Mayor
Patti Barrie, Municipal Clerk
1103
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law 10 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 R is desirable 10 appoint Tamara Craine, 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 NCC #5 located on 165110 1659 Nash
Road. Courtlce, in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hGreby enacts as follows:
1. Tamara Craine Is hereby appointed as a Parking Enforcement Officer for
the sole purpose of enforcing the Traffic By-law of the Municipality of
Claringlonon the property located at NCC #5 located on 165110 1659
Nash Road, Courtice, in the Municipelity of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of Final passing by Council.
BY-LAW reSd a first lime this 2nd day of May 2005.
BY-LAW read a second lime this 2nd day of May 2005.
BY-LAW read a third lima and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1104
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint indMduals 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 pel'!lOns who
shall be paace officers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS n is desirable to appoint Munyaradzi Chitengu. 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 NCC #5 located on 1651 to
1659 Nash Road. Courtice. in the Municipality of Clarington:
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Munyaradzi CMengu 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 NCC #5 located on
1651 to 1659 Nash Road. Courtice, 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 2nd day of May 2005.
BY -4..AW read a second time this 2nd day of May 2005.
BY -4..AW read a third time and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie. Municipal Clerk
1105
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 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 Alpesh Patel, as a Parking Enforcement
Officer for the sole purpose of enforcing l!1e Traffic By-law of the Municipality of
Clarington on the property located at NCC #5 located on 1651 to 1659 Nash
Road, Courtlce, in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Alpesh Patel 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 NCC #5 located on 1651 to 1659
Nash Road, Courtlce, 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 e first time this 2nd day of May 2005.
BY-LAW read a second time this 2nd day of May 2005.
BY-LAW read a third time and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1106
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tHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 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 n is desirable to appoint Melissa King, es a Parking Enforcement
. Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of
Clarington on the property located at NCC #5 located on 1651 to 1659 Nash
Road, Courtlce, in the Municipality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Melissa King 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 NCC #5 located on 1651 to 1659
Nash Road, Courtice, 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 2nd day of May 2005.
BY.LAW read a second lime this 2nd day of May 2005.
BY.LAW read a third time and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1107
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 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 offacers for the purpose of enforcing the by-laws of the
Municipality; and
WHEREAS n is desirable to appoint Ingrid patz, as a Parking Enforcement
Officer for the sole purpose of enforcing the T rafflc By-law of the Municlpelity of
Clarington on the property located at NCC #5 located on 1651 to 1659 Nash
Road, Courtice, in the Municipality of Clarington;
NOW THEREFORE the Council of tha Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Ingrid Patz 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 NCC #5 located on 1651 to 1659
Nash Road, Courtice, in tha Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on tha day
of Final passing by Council.
BY-lAW read a first tlme this 2nd day of May 2005.
BY-lAW read a second tlme this 2nd day of May 2005.
BY-lAW read a third tlme and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie, Municipal Clerk
1108
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a By-law to appoint indMduals 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 Derek Cameronz, 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 NCC #5 located on 1651 to 1659 Nash
Road, Courtice, In the Munic:lpality of Clarington;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows;
1. Derek Cameronz 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 NCC #5 located on 1651 to 1659
Nash Road, Courtice, 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 lime this 2nd day of May 2005.
BY-LAW read a second time this 2nd day of May 2005.
BY-LAW read a third lime and finally passed this 2nd day of May 2005.
John Mutton, Mayor
Patti Barrie. Munic:lpal Clerk
1109
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
April 25, 2005
Report #:
CLD-15-05
File#:
By-law #:
Subject:
ANIMAL SERVICES QUARTERLY REPORT - JANUARY TO MARCH, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
2.
THAT Report CLD-15-05 be received; and
THAT a copy of Report CLD-15-05 be forwarded to the Animal Alliance of Canada and
the Animal Advisory Committee.
Submitted by:
Reviewed by:
O~~
Franklin Wu,
Chief Administrative Officer
PLS*CAG*cd
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506
1110
1111
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REPORT NO.: CLD-1S-DS
PAGE 2 of2
BACKGROUND AND COMMENT
Animal Services activities will be reported to Council on a quarterly basis. The attached table
summarizes the activities and revenues pertaining to Animal Services for the months January
to March 2005.
Attachment #1
Animal Services Monthly Report
Interested parties to be advised of Council's decision:
Ms. Liz White
Animal Alliance of Canada
Animal Advisory Committee
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CLERK'S DEPARTMENT
ANIMAL SERVICES DIVISION
ATTACHMENT NO.1
TO REPORT NO .CD-1S-llS
ANIMAL SERVICES MONTHLY REPORT
January to March 2005
A. ACTIVITIES I THIS MONTH (March) I YR. TO DATE 2005 YR. TO DATE 2004
PICKED UP - WILDLIFE 4 8 23
DOGS CATS DOGS CATS DOGS CATS
PICKED UP 15 10 37 18 43 26
BROUGHT IN 5 25 17 59 23 72
RETRIEVED BY OWNERS 14 2 30 5 33 9
SOLD TO RESIDENTS 5 18 17 49 28 68
SOLD TO RESEARCH 0 0 0 0 0 0
EUTHANISED 1 5 3 8 1 6
DEAD ON ARRIVAL 0 10 1 15 4 15
t QUARANTINE 2 3 2 6 1 2
WRITTEN WARNINGS 21 52 69
P.O.A. TICKETS 2 3 10
CONVICTIONS 0 1 0
CALL-OUTS AFTER HOURS 5 12 15
OVER TIME HOURS 15 36 45
. REVENUES
DOGS & CATS RELEASED $90.00 $90.00 $135.00 $90.00 $315.00 $150.00
LICENSES $1783.00 $80.00 $6707.00 $634.00 $7093.00 $695.00
SOLD TO RESEARCH $0 $0 $0 $0 $0 $0
SOLD TO RESIDENTS $300.00 $810.00 $1275.00 $2115.00 $1650.00 $2925.00
DOGS & CATS REDEEMED $452.00 $0 $991.00 $90.00 $1491.00 $57.00
SUB TOTAL $2625.00 $980.00 $9180.00 $2929.00 $10549.00 $3827.00
RAP REVENUE $18.00 $39.00 $51.00
OTAL REVENUE $3623.00 $12076.00 $14427.00
YEAR TO DATE EUTHANISED:
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5 SICK OR INJURED CATS
3 FERAL CATS'
1 DOG FOLLOWING QUARANTINE
2 SICK DOGS
1112
Interested parties to be advised of Council's decision regarding Report CLD-15-05:
Ms. Liz White
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
Animal Advisory Committee
1 1 1 3
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
April 25, 2005
Report #:
CLD-16-05
File#:
By-law #:
Subject:
APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER -
ANIMAL SERVICES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1.
THAT Report CLD-16-05 be received; and
2.
THAT Denise Hockett be appointed as a Municipal Law Enforcement Officer.
~
:J~---~
Submitted by'
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLS*CAG*cd
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1114
EPORT NO.: CLD-16-05
PAGE 2 OF 2
BACKGROUND
Tracy O'Donahue, Animal Services Officer has been temporarily assigned to conduct and
manage our door-to-door animal licencing sales. Denise Hockett has been working for Animal
Services on a part time basis and has been assigned as a temporary full-time Officer (for a
period of approximately 18 months). Denise will be performing all the regular duties of an
Animal Services Officer including investigating, laying charges and appearing in court to defend
those charges. In order to perform these duties, she must be appointed as a By-law
Enforcement Officer for Animal Services.
It is therefore respectfully recommended that the attached By-law be approved.
Attachment #1
By-law, to appoint a Municipal Law Enforcement Officer
1115
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-_
Being a By-law to appoint a Municipal law Enforcement Officer
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WHEREAS Section 20 of The Police Services Act R.S.O. 1990, Chapter 10, Section 15(1),
authorizes a Council of any Municipality to appoint one or more By-law Enforcement Officers.
who shall be Pease Officers for the purpose of enforcing the By-laws of the Municipality; and
WHEREAS n is desirable to appoint Denise Hockett as Municipal law Enforcement Officer by
By-law for the sole purpose of enforcing all By-laws pertaining to Animal Services;
NOW. THEREFORE. the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
1. THAT Denise Hockett is hereby appointed as Municipal law Enforcement Officer for
the purpose of enforcing all By-laws pertaining to Animal Services.
By-law read a first and second time this day of
.2005.
By-law read a third and finally passed this day of
,2005.
MAYOR
MUNICIPAL CLERK
1116
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Cl~il1gron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE & ADMINISTRATION
April 25, 2005
Report #: COD-018-05
Date:
File#_
By-law #
Subject:
CL2005-6, SURFACE TREATMENT AND ASPHALT AND SURFACE
TREATMENT PULVERIZING
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-018-05 be received;
2. THAT Miller Paving Limited, Markham, Ontario with a total bid in the amount of
$279,809.68 (excluding G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2005-6, be awarded the contract to supply
and apply Surface Treatment and to provide for Asphalt and Surface Treatment
Pulverizing, to various roads as required by the Municipality of Clarington; and
3. THAT the funds required be provided from the Operations Department 2005 Budget -
Surface Treatment Account #100-36-381-10270-7163, FORTHWITH.
r/
RevieWedby:()t "..d ~
Franklin Wu,
Chief Administrative Officer
Submitted by:
MM\LAB\ld
1201
REPORT COO.Q1S.QS
PAGE 2
BACKGROUND AND COMMENT
At the meeting of March 14, 2005, Council authorized staff to proceed with the advertising and
issuance of this tender in advance of the 2005 Capital Budget approval.
Tender CL2005-6 was advertised and issued with bids being received and tabulated as follows:
The unit prices bid represent an average 18% increase for aggregates and a 33% increase for
pulverizing over those bid for the 2004 contract. There was no change in the unit price for the
supply and application of emulsion.
The total funds required for Tender CL2005-6, Surface Treatment and Pulverizing, are included
in the Operations Department 2005 Budget - Surface Treatment Account #100-36-381-10270-
7163.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
After further review and analysis of the tenders by Operations and Purchasing, it was mutually
agreed that Miller Paving Limited, Markham, Ontario, be recommended for the contract to
Surface Treat and Pulverize Municipal roads as required.
The subject firm has previously performed satisfactorily for the Municipality of Clarington.
Due to the urgent nature of these projects, forthwith approval is requested to ensure that the
work is completed as early as possible in the construction season.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-33r~02
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Cl!J!fflglOn
April 25, 2005
Report #: COD-019-05
Meeting:
Date:
Subject:
REPORT
CORPORATE SERVICES DEPARTMENT
GENERAL PURPOSE & ADMINISTRATION
File#_
By-law #
Tender CL2005-7,
Part A - Supply and Haul Granular A & B Gravel
Part B - Haul, Stockpile and Spread Granular A Gravel
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-019-05 be received;
2. THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the
amount of $400,170.00 (excluding GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2005-7, be awarded the contract for
the Supply and Haul of Granular "A" and "8", and Haul, Stockpile and Spread Granular
"A" Gravel; and
3. THAT the funds expended be provided from the2005 Operations Road Maintenance
and Construction budget, FORTHWITH.
Submitted by:
r;/
MM\LA8\1d
Reviewed b0 sU
Franklin Wu,
Chief Administrative Officer
1203
REPORT COD-019-05
PAGE 2
BACKGROUND AND COMMENT
Council at the meeting of March 14, 2005 authorized staff to proceed with the advertising and
issue of this tender in advance of the 2005 Capital Budget approval.
Tenders were publicly advertised and called for the Supply and Haul of Granular NAN and "B",
and Haul, Stockpile and Spread Granular "A" Gravel, as required by the Operations
Department.
Subsequently, tenders were received and tabulated as follows:
Robert Young Construction
Peterborou h, Ontario
CDR Young's Aggregates Inc.
Pon 001, Ontario
Lafarge Materials & Construction
Stouffville, Ontario
$400,170.00
$421,920.00
$462,720.00
The total funds required for Tender CL2005-7, Supply and Haul of Granular "A" and "B", and
Haul, Stockpile and Spread Granular "A" Gravel, are included in the Operations Department
Gravel Patching and Resurfacing account, as well as various other construction accounts.
For the information of Council, the unit prices per tonne for Part A and Part B represent an
average 4% increase over those bid for 2004.
The low bidder has previously perfonmed satisfactorily for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
Due to the urgent nature of these projects, forthwith approval is requested to ensure that the
work is completed as early as possible in the construction season.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-3330
1204
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CI~jggron
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
April 25, 2005
Report #:
COD-020-05
File#_
By-law #
Subject: CL2005-3 Hunt Street/Albert Street Reconstruction and Duke Street
Improvements
Recommendations:
--It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-020-05 be received;
2. THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of
$2,424,817.02 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2005-3, be awarded the contract for the Hunt
Street/Albert Street Reconstruction and Duke Street Improvements as required by the
Engineering Department;
3. THAT the total funds required in the amount of $1,461,160.00 ($2,424,817.02 tender
plus contingencies, G.S.T., consulting, soils and utilities less Region of Durham portion)
be drawn from Engineering Capital Account #110-32-330-83233-7401 ($621,360.00 as
carried over from 2004 and $839,800 as budgeted for in 2005);
4. THAT funds in the amount of $230,200.00 be paid for by funds from the Developer,
Fairhaven Investments, which have been confirmed; and
5. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to
execute the nece a reement be a roved.
Submitted by:
Reviewed bYU ~~.
Franklin Wu,
Chief Administrative Officer
arano, H.B.Sc., C.M.O.
Director of Corporate Services
C)( o-tC ~~~
~ Nancy Taylor, B.B.A., C. ,
-f( Direc r f F ance
A.S. Cannella, CET.
Director of Engineering Services
MMlLAB/ld
1205
REPORT NO.: COD-020-oS
PAGE 2
BACKGROUND AND COMMENT
Council at the meeting of February 28, 2005, authorized staff to proceed with the advertising
and issue of this tender in advance of the 2005 Capital Budget Approval. Tender specifications
were provided by Totten Sims Hubicki Associates for the Hunt Street/Albert Street
Reconstruction and Duke Street Improvements, as required by the Engineering Department.
Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were
received and tabulated as per Schedule "B" attached.
The total bid price includes works for the Regional Municipality of Durham for which they will be
invoiced accordingly.
The total. projecl cost, including Project Administration, and costing allocation is as detailed in
the letter from Totten Sims Hubicki Associates, marked Schedule "C" and will be provided from
the Engineering Capital Project #5800-8310-04104 as carried over from 2004 and #5800-8310-
05112 as provided in the 2005 Capital Budget.
The additional funds required in the amount of $230,200.00 for the Hunt Street Subdivision
portion will be provided by the developer and have been confirmed.
The low bidder has previously performed satisfactory work for the Municipality of Clarington.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Engineering.
After further review and analysis of the bids by the Engineering Department, Totten Sims
Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, Ron Robinson
Limited, Bowmanville, Ontario, be recommended for the contract for the Hunt Street/Albert
Street Reconstruction and Duke Street Improvements.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-41Y~06
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Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-lAW 2005-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Ron
Robinson Limited, Bowmanville, Ontario, to enter into
agreement for the Hunt Street/Albert Street Reconstruction
and Duke Street Improvements.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Ron Robinson Limited, Bowmanville, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2005.
By-law read a third time and finally passed this
day of
,2005.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
1207
C[!Jfil!gron
Municipality of Clarington
SCHEDULE"B"
BID SUMMARY
Tender CL2005-3,
Hunt Street/Albert Street Reconstruction and Duke Street Improvements
Bidder
Ron Robinson Limted
Bowmanville, ON
Elirpa Construction & Materials Ltd.
Pickerin ,ON
B.N. Fenton Construction Ltd.
Courtice, ON
$3,472,148.34
$2,577,347.00
1208
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011\ IU--U;.J ova 1l::"c'U rJJ
J1Jn vUDVUl\U
rHh I'tU.
t'. Ul
..
till
SCHEDULE "C"
engineers
architects
planners
Totten Sh"ns Hubicki AsSOciates
S13 Division Streot,
Cobourg, Ontario, Canada K9A 5G6
1906) 372-2121 Fax: (9061372-3621
E.rnail: cobourg@tsh.ca WWW.tsh.ca
April 12, 2005
Ms, Luu Ann Birkett. CPI'. AMCT
Purchasing Manager
Corporation of the Municipality of Clarington
40 Tempcrance Slreet
130WMANVILLE, Ontario. LIC 3A6
DcaI' Ms. Ilirkett:
Rc: lIullt Street/Albert Strect Recunstruction and Duke Strcet Improvements
Contract No. CL200~3, Municipality of ClarinAton
Telltler tor Ihe above project were opened al the Municipal Offices On Friday, March 11,2005 aI2:00:00
p.m. A list orthe bids recoived and tho Engineers Estimate are providod in the table below. All numbers
arc exclusive ofOST.
'--'--mODER
t-. _.
Ron Robinson Limited, Bowmanville
B.N. Fcnton Construction Ltd., COllrlice
Elirpa Construction & Matorials Ltd., Pickering
ENGJNF:ERS ESTJMATR
TOTAL BID AMOUNT
lE:uludln2 GS~
$2,424,817.02
$2,577,347.00
$3,472,148.34
$2,870,000.00
Tho low bidder's tender has been reviewod and is in order. Ron Robinson Limited has completed
numerous projects tor the Municipality of CIa ring ton in reeent )I~al's including Concession Streot and
Centre Street ReconslruClion and Various Storm Sewers 2004. Theso contracts were completod in a
satiRn,clory mano"'r. They havo also carJ'ied out projects for olher municipalities in the area including the
Region of Durham. All contacts contacted, assessed Ron Robinson Limited's perfomlallce to be
salis factory.
Deposit cheques or bid bonds shall be retained for the low and second low bids unlil the Contrdct has
boon executed.
Enclosed is a cosl apporliol1l11cnt relative 10 the low bid received by Ron Robinson Limitcd.
Should you roquire any further in[oJ'mation, please contact the undersigned.
1209
API<-ltl-Ub nUN l~:~li PM T5H r.;UlJOUI<G
FAX NO.
MS. Lou Ann Birhll, C"P. AMCT
Apl'i1 12, 200.1
Yours lmly,
%~P'"
Sellior PI'ojcct nllgineer
WMc/ym
1'f.!9J2Di('Ilm:nrt.lOIl:'l6duc
Ene\.
pc: Mr. A. S. Cannella, C.E.T., Oirector, Engineering Services, Municipality ofClarinb'lOIl
Mr. Noml Clark, C.E.T., ManagcrofConstJ'Uclion, Municipality of Cia ring ton
Ms. Jenny Bilenduke. Municipality of Clarington
P. 02
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UNFIJIlISBED BUSINESS
CI!JlmglOn
,
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, April 25, 2005
Addendum to
Report #: PSD-155-04
File #: COPA 2004-005
By-law #:
Subject:
AMENDMENTS PROPOSED TO OFFICIAL PLAN AMENDMENT NO. 39
PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Addendum to Report PSD-155-04 be received;
2. THAT Council approve the attached by-law to adopt the proposed amendment
(Attachment 1) to Amendment No. 39 to the Clarington Official Plan amending
the Port Darlington Neighbourhood Secondary Plan as contained in the original
Report PSD-155-04 (Attachment 2) and enact the by-law;
3. THAT Council resolve that no further public meeting is required;
4. THAT the Region of Durham Planning Department be forwarded a copy of this
Report and Council's decision; and
5. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Subm;tted by, ~
Dav1t'f J. rome, M.C.I.P.,R.P.P.
Director, Planning Services
Reviewed b~- (~~ ~
Franklin Wu
Chief Administrative Officer
FL*DJC*df
15 April 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
1501
ADDENDUM TO REPORT NO.: PSD-155-o4
PAGE 2
1.0 PURPOSE
1.1 This report sets out the current status of proposed Amendment No. 39 to the
Clarington Official Plan. If it is approved, Official Plan Amendment No. 39, among
other things, would amend the Port Darlington Neighbourhood Secondary Plan to
allow for the realignment of a portion of East Beach Road in order to enlarge the
waterfront district park area and to improve the planned road network.
1.2 This report recommends amendments to Official Plan Amendment No. 39 in
response to two appeals from its adoption that have been made to the Ontario
Municipal Board. If approved, Official Plan Amendment No. 39 as amended will
be consistent with the central purpose and intent of Official Plan Amendment No.
39 as it stood before the recommended amendments to it are made.
2.0 BACKGROUND
2.1 On June 28111, 2004 Council decided that it would be desirable in the public
interest to acquire a larger waterfront park than previously considered to
implement the future District Park identified in the Clarington Official Plan. At the
same meeting, Council authorized the initiation of expropriation procedures in
respect of two properties in the East Beach areas; Council approved three
additional acquisitions in October and November of 2004 and the making of two
additional expropriation applications in the East Beach area. As well, Council
authorized the initiation of the expropriation procedures for the Port Darlington
Harbour Company Lands on the West Beach.
2.2 At the October 25th, 2004 meeting of Council, staff was authorized to prepare
appropriate amendments to the Port Darlington Neighbourhood Secondary Plan
in order to facilitate the creation of larger, more usable park space as a focal
point on the Bowmanville waterfront.
2.3 A statutory Public Meeting was held on November 15, 2004 at which a number of
residents appeared before committee with questions as to the details of the park
plan and traffic management issues given the recent evacuation and emergency
caused by the Caledon Propane fire at its site on Port Darlington Road at the
CNR level crossing.
2.4 Council adopted Official Plan Amendment No. 39 to the Port Darlington
Neighbourhood Secondary Plan at a meeting held on January 17, 2005 by
passing By-law 2005-004.
2.5 Two appeals have been made to the Ontario Municipal Board from the adoption
of the Official Plan Amendment (see Attachments 3 and 4). They will be heard by
a Joint Board made up of a member of the Ontario Municipal Board and a
member of the Environmental Review Tribunal.
2.6 In light of the objections made by the appellants, staff recommend that in order to
simplify the process without damaging the achievement of the central purpose
and intent of the Official Plan amendment that By-law 2005-004 be amended
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ADDENDUM TO REPORT NO.: PSD-155-04
PAGE 3
(attachment 5) with the modification to the Official Plan Amendment No. 39 text
proposed in Attachment 1.
3.0 COMMENTS
3.1 The amendments now recommended by staff will permit the relocation of a
portion of East Beach Road and the development of the district waterfront park
with an appropriate configuration while responding to what staff understand to be
the objections of the appellants to Official Plan Amendment No. 39.
4.0 CONCLUSIONS
4.1 It is recommended that Council adopt the amendments to Official Plan
Amendment No. 39 contained in Attachment 1 and pass the necessary by-law.
Attachments:
Attachment 1 - Amendment to Proposed Official Plan Amendment NO.39
Attachment 2 - PSD-155-04 dated December 6, 2004
Attachment 3 - Mr. S. Waque's letter of Objection dated February 8, 2005
Attachment 4 - Mr. C. Williams letter of Objection dated February 8, 2005
Attachment 5 - By-law to Amend By-law 2005-004
Interested parties to be notified of Council's decision:
Glenn Ransom
Maria and Alvarina DeLemos
Thomas Cauchon and Chigweyaru Abugara
Port Darlington Harbour Company
Port Darlington Community Association
Kevin Taylor
Rose Savage
Scott Lumley
Christopher Williams
Stephen Waque
Shane Rayman
1503
ATTACHMENT 1.
to Addendum tol
Report PSD-155-01
AMENDMENT TO PROPOSED AMENDMENT NO. 39
TO THE CLARINGTON OFFICIAL PLAN
Amendment No. 39 to the Official Plan for the Municipality of Clarington which amended
the Port Darlington Neighbourhood Secondary Plan is amended as follows:
"1. by deleting therefrom Section 1 and Sections 4 to 11, inclusive; and
2. by amending Section 2 to delete from the second sentence of new
Section 4.4 of the Port Darlington Neighbourhood Secondary Plan, the
words "Marina Commercial" .
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R E PO R l~p~~~endUI
PSD-155-04
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 6, 2004
Report #: PSD-155-04
. File #: COPA 2004-005
By-law #:
Subject:
OFFICIAL PLAN AMENDMENT
PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN
RECOMMENDATIONS:
. It is respectfully recommended that Council approve the following:
1. THAT Report PSD-155-04 be received;
2. THAT Amendment No. 39 to the Clarington Official Plan to amend the Port
Darlington Secondary Plan as contained in Attachment 2 to this Report be
approved and that the necessary By-law be passed; .
3. THAT the Region of Durham Planning Department be forwarded a copy of this
Report and Council's decision; and,
4. THATall interested parties listed for this report and any delegations be advised
of Council's decision.
Submitted by:
Reviewed b(P)~~
Franklin Wu.
Chief Administrative Officer
avi . Creme, M.C.I.P.,R.P.P.
Director, Planning Services
FL *DJC*df
19 November 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T (905)623-3379 F (905)623-0830
671
1505
REPORT NO.: PSD-155-04
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Municipality of Clarington
1.2 Official Plan Amendment:
To amend the Port Darlington Neighbourhood Secondary Plan to
allow for the realignment of a portion of Port Darlington Road and
East Beach Road to enlarge the waterfront district park area. East
Beach Road defines the southerly limit of Village Commercial. The
maximum amount of gross leasable area for retail and personal
service uses of Village Commercial remains 1,500 sq. metres and
can be accommodated in the area allocated when the road is
shifted to the north.
1.3 Site Area: 146.6 hectares or 362.2 acres.
2.0 LOCATION
2.1 The subject lands are located south of the Canadian National Railway mainline
and generally includes all lands from Lot 5, Broken Front Concession to the West.
Beach Road South (see Attachment 1).
3.0 BACKGROUND
3.1 On June 28th, 2004 Council decided to acquire a larger waterfront park than
previously considered to implement the District Park identified in the Clarington
Official Plan. At the same meeting, Council approved the initiation of
expropriation procedures of two properties in the East Beach area; Council
approved the three additional acquisitions in October and November plus two
additional expropriation applications in the East Beach area as no successful
conclusion to ongoing negotiations had been achieved. In addition, Council
approved the initiation of expropriation for the Port Darlington Harbour Company
Lands on the West Beach.
3.2 At the October 25th, 2004 meeting of Council, staff was authorized to make
appropriate amendments to the Port Darlington Secondary Plan in order to
facilitate the creation of larger, more usable park space as a focal point on the
waterfront.
3.3 A statutory Public Meeting was held on November 15; 2004 at which a number of
residents appeared before committee with questions as to the details of the park
plan and traffic management issues given the recent events in the
neighbourhood.
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REPORT NO.: PSD.155.04
4.0 EXISTING AND SURROUNDING USES
PA.GE 3
4.1 The majority of the lands are agricultural exceptfor the historic settlement of Port
Darlington, which dates from the late 1800's and early 1900's. In recent years,
. there has been a resurgence. of interest in the community and a nuiTlber of the
seasonal cottages have been converted into year round dwellings. The historic
industrial waterfront uses, like ship building are in close proximity to the east side
of Bowmanville Creek. In addition, the area adjacent to the eastern side of
Bowmanville Creek has been developed as a hotel/restaurant/marina and
condominiums. Large utilities such as the Port Darlington Pollution Control Plant
and Water Treatment Plant have existed for a number of years. The natural
features such as the Lake Ontario Shoreline, Bowmanvifle Creek and Marsh
dominate the landscape.
4.2 Surrounding Uses:
East:
North:
Residential (Wilmot Creek) and Waterfront Greenway
Canadian National Railway, Prestige and Light Industrial plus
Green Space (hydro corridor)
Waterfront Greenway (uplands between Bowmanville and Westside .
Marshes) .
Lake Ontario
West:
South:
5.0 OFFICIAL PLAN POLICIES
5.1 . The Durham Region Official Plan was approved by the Province on November
24, 1993. The Plan extends to the year 2021 and gives a target population for
Bowmanville of 85,000 and for Clarington of 130,000. The Plan is currently
under review. Section 14.3.9 of the Region's Official Plan designates Port
Darlington as a "waterfront place". Waterfront Places shall be developed as focal
points. The predominant uses may include marina, recreational, tourist, cultural
and community uses. The same section also sets out the waterfront trail as a
primary method of providing public access to the waterfront and to provide
continuity to the open spaces along the waterfront.
5.2 The Clarington Official Plan designates the subject lands as a Secondary Plan
within the Official Plan. The Goals and Objectives of the Secondary Plan are in
keeping with the Crombie Commission, the Clarington Waterfront Strategy and
both the Regional and Local Official Plans. The Secondary Plan the land use
designations for the Port Darlington Neighbourhood establishes the general
pattern for future development, including the Residential, Marina Commercial,
. Village Commercial, Waterfront Greenway and Parks, Prestige Employment
Areas, Utilities and Environmental Protection Areas. The land use designations
in the Official Plan and Secondary Plan remain as currently approved in the
Official Plan (See Attachment 2).
5.3 While the Municipality had been acquiring properties on the south side of East
Beach Road and owns other lands to the north there was no overall parkland
development plan. . To achieve the vision that Council had for a waterfront park it
was determined that additional properties on the north side of East Beach Road
1507
REPORT NO.: PSD.155.04
PAGE 4
would be required to provide sufficient depth and mass to the park adjacent to
the water. This would necessitate the moving of East Beach Road and
realignment of Port Darlington Road. From an engineering and traffic flow
perspective the realignment of these roads would provide for better park access
and improved safety. However, Policy 24.3 of the Official Plan indicates that
where the boundaries of various land use designations coincide with physical
features, such as creeks, rail lines, roads and utility lines, or instrument such as
lot and concession lines or property limits, these boundaries are meant to be
exact. As such it is necessary to amend the Secondary Plan to allow East Beach
Road to be shifted to the north.
5.4 It is also necessary to amend the Secondary Plan to provide flexibility in the
alignment of Port Darlington Road, which could be shifted towards Bowmanville
Creek to provide for better traffic flow and turning radii. The exact alignment of
this road will be the subject of further study.
5.5 This Amendment is based upon the detailed design development for the parkland
and road alignment, resulting from engineering and hydraulic, shoreline and
wetland studies. Minor technical changes have been recommended as part of
the amendment to clarify specific policies as they relate to the studies and Policy
7.4 has been deleted.
6.0 PUBLIC MEETING AND SUBMISSION
6.1 . At the statutory public meeting held on November 15, 2004 residents expressed
concerns: regarding the details of the conceptual park plan and traffic
management issues related to the existing road network.
6.2 The Conceptual Master plan for the Port Darlington Waterfront Park was
approved by Council on November 8, 2004. The Engineering Services Report
EGD-50-04 is attached (Attachment 3); it sets out the overall concept for the park
development in its initial phases. The conceptual park plan will be the subject of
public input prior to finalization of the design. The detailed questions from the
public regarding, separation from existing residents, development costs, funding
sources, maintenance and operation procedures, connections between the east
and west beach areas etc. will be addressed as part of the public review process
of the Conceptual Masterplan. There was no fundamental disagreement with the
park development.
6.3 The traffic management issue such as the long term improvement of Bennett
Road, an additional crossing of the railway tracks and better emergency access
into the Port Darlington area are addressed by the overall road network laid out
in the Secondary Plan.
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REPORT NO.: PSD.155-Q4
PAGE 5
7.0 AGENCY COMMENTS
7.1 The Clarington Emergency Services and Operations Departments, Vendian,
Durham Police and Durham Health have no objections to the Official Plan
Amendment.
"'.2 The Clarington Engineering Services Department support the Official Plan
Amendment as it provides for the realignment of the East Beach Road and Port
Darlington Road and will improve traffic flow in the area and provide a larger
waterfront park.
7.3 CLOCA have no objections to the Official Plan amendment. They have requested
minor wording changes to clarify where their involvement in development
applications and approvals will be necessary. The wording changes have been
included in the Amendment as attached. .
7.4 The Durham Region Planning Department has no objections to this proposal.
They have indicated that it is in conformity with the Regional Official Plan and
Community Strategic Plan. Since the amendment is considered to have. no
significant Regional or Provincial concerns, the application is exempt from
Regional approval.
7.5 The Durham Region Works Department have no objections. They have provided
notice that the Water Pollution Control Plan (WPCP), could not meet the
development demand without additional underwater treatment capacity. A Class
EA is scheduled to commence in January 2005 and be complete by the end of
2005. Section 12.3 of the Secondary Plan provides for the potential expansion
and a buffer zone, according to MOE guidelines.
8.0 COMMENTS
8.1 Based on the comments contained in this report, it is respectfully recommended
that the proposed official plan amendment APPROVED.
8.2 The proposed amendment conforms to the Durham Region Official Plan and the
Region has advised that the amendment is exempt from Regional Approval.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Map A - Land Use, Port Darlington Neighbourhood Secondary Plan
Attachment 3 - Proposed Official Plan Amendment
Attachment 4 - Engineering Services Report EGD-50-04
Attachment 5 - Proposed By-law Amendment.
1509
REPORT NO.: PSD-155-04
PAGE 6
Interested parties to be notified of Council's decision:
Glenn Ransom
Maria and Alvarina DeLemos
Cauchon! Abugara
Port Darlington Harbour Company
Port Darlington Community Association
Kevin Taylor
Rose Savage
George Zajoc
Scott Lumley
1510
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ATTACHMENT 1 to Report PSD-155-04
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to Report PSD-155-1
AMENDMENT NO. 39
TO THE CLARINGTON OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to revise the Port
Darlington Neighbourhood Secondary Plan to allow for the
realignment of a portion of Port Darlington Road and East
Beach Road to enlarge the waterfront district park area.
BASIS:
The Amendment is based upon' the detailed design
development for the parkland and road alignment, resulting
from engineering and hydraulic, shoreline and wetland
studies.
ACTUAL AMENDMENT: The Port Darlington Neighbourhood Secondary Plan is
hereby amended as follows:
1. In Section 2.2, by adding the words " ,of Clarington" after the words '10cal
residents".
2. By adding the following new Section 4.4:
"4.4 Notwithstanding Section 24.3 of this Official Plan, the road alignments and
land use designations on Map A-Land Use will be confirmed by detailed
park development and engineering studies. The configuration of the
Marina Commercial, Village Commercial and Waterfront Greenway
designations will be subject to the road alignment and district park
configuration. "
3. By renumbering 4.4 to 4.5.
4. .In Section 6.3, by replacing the word "Facility" with "Facilities".
5. By deleting Section 7.4.
6. In Section 8.1, by adding the words "detailed park development plans, hydraulic,
shoreline and wetland studies" to the end of the final ~entence, so that the final
sentence reads: .
"The Municipality will seek to secure parkland for an appropriate distance
beyond the Regulatory Shoreline area as determined in consullation with
the Conservation Authority through the review of . development
applications, detailed park development plans, hydraulic, shoreline and
wetland studies."
7. In Section 8.3, by adding the following sentences after the second sentence:
"The Municipality has developed an acquisition strategy setting out priority
areas and timeframes for acquisition. Council may amend the acquisition
strategy based on the detailed plans for the park development."
1513
8. In Section 11.5, by adding the words "except through the district park where
urban standards may be altered to provide for park related features" to the end of
the last sentence, so that the final sentence reads:
"All other local roads shall be constructed and maintained to an urban
standard; except through the district park where urban standards may be
altered to provide for park related features."
9. In Section 13.2, by adding the word " boardwalks" to the second bullet so that
the second bullet reads as follows: "bridgeslboardwalks".
10. In Section 13.2 by adding an additional bullet: "flood, erosion and conservation
protection works"
11. In Section 13.3 a) by deleting "from the Ministry of Natural Resources and adding
'The Conservation Authority Act" such that it reads:
"Any projects on the shoreline, or in a creek shall obtain approvals under
the Lakes and River Improvement Act, the Public Lands Act, the
Conservation Authorities Act, the Federal Fisheries Act or any other
legislation as applicable."
IMPLEMENTATION:
The proVISions set forth in the Official Plan and the Port
Darlington Neighbourhood Secondary Plan as amended,
regarding the implementation of the Plan shall apply in
regard to this Amendment.
INTERPRETATION:
The provisions set forth in the Official Plan and the Port
Darlington Neighbourhood Secondary Plan as amended,
regarding the interpretation of the Plan shall apply in regard
to this Amendment.
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to Report PSD~155-0
REPORT
ENGINEERING SERVICES
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, November 1, 2004
Report #:
File#:
By-law #:.
EGD-50-04
Subject:
PORT DARLINGTON WATERFRONT PARK - CONCEPTUAL MASTER PLAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
t.
THAT Council approve in principle the Conceptual Master Plan for Port Darlington
Waterfront Park near the mouth of Bowmanville Creek. .
2.
THAT staff proceed to obtain input from the public on the Conceptual Master Plan
3.
. THAT staff include the implementation of Phase 1 of the Port Darlington Waterfront
Park for consideration in the 2005 capital budget and forecast.
/Jtta~ (l
Submitted by: A.S. Cannella, C.E.T.
Director of Engineering Services
v . Crome, MCIP, R.P.P.
Director of Planning Services
-"
.' \ /7 () . I' ,,-,
,-) ..Zeo--tC, .-::.....t..^~ t1..
Reviewed by: Franklin Wu,
Chief Administrative Officer
ASC/PW/jo
CORPORAtiON OF THE IIIIUNlclPALrrv OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
1515
REPORT NO.: EGD-50-04
PAGE 2
1.0 INTRODUCTION
In July 2000, Council approved a Land Acquisition Strategy for the Municipality of
Clarington and subsequent updates in May of 2002 (PSD-044-02) and June of 2004
(PSD-093-04). A Financial Analysis was prepared to evaluate the financial viability and
funding sources for the Land Acquisition Strategy (Report PSD-043-02). The Financial
Analysis report concluded that acquisition needed to be scheduled over a 20 year
period. Since, that time a number of properties have been obtained and we now have
sufficient lands to begin some development of the Bowmanville waterfront for parkland.
Council has since June of 2004 approved the acquisition and/or expropriation of the
lands necessary to develop Phase 1 of the Port Darlington Waterfront Park on the East
Beach. To provide Council with a vision of what the final build out of the park
development would look like, Engineering Services has had a conceptual master plan
prepared for all of the lands identified in the Acquisition Strategy regardless of the land
acquisition timing priority. From. this conceptual plan the Phase 1 development plans
can be developed for implementation in 200;;or 2006 subject to funding.
2.0 OVERVIEW OF THE WATERFRONT STRATEGY
The Clarington Waterfront Strategy (1993) was prepared to provide a long-term vision
for Clarington's waterfront. The Strategy identified, among other things, the lack of
active and passive/recreation opportunities along the waterfront. Much of the Lake
Ontario shoreline wa.s impeded by large land owners, such as St. Marys Cement,
Cameco, Darlington Nuclear Generating Station, Wilmot Creek Retirement Community
and large agricultural operations.
To provide more public open space the Strategy identified three district parks, one in
each of the three Urban Areas, focal nodes and areas of interest along the waterfront.
District parks in Newcastle Village and Bowmanville were centered around the existing
harbours. The district park for Courtice was identified at the bottom of Courtice Road.
Two passive recreation areas were identified, one around the Wilmot Creek in
Newcastle and the other around Bowmanville Marsh in Bowmanville. The Waterfront
Trail, focal nodes, and areas of interest associated with the trail will be contained within
a greenway of linear parks along the waterfront. (See Attachment 1)
The recommendations within the strategy provided the basis for waterfront policies in
the Clarington Official Plan, adopted in 1996. In the Clarington Official Plan the district
parks are identified with District Park symbols, and the greenway as "Waterfront
Greenway" or in some instances "Environmental Protection".
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REPORT NO.: EGD-50-04
PAGE 3
3.0 PROGRESS OF THE BOWMANVILLE WATERFRONT LAND ACQUISITION AND
PARK PLANS
3.1 OvelView
In 1999, approximately 45 hectares (111 acres) of land in and adjacent to the
Bowmanville and Westside Marshes were secured by the Municipality of Clarington as a
result of negotiations with Blue Circle Cement (now St. Marys Cement) to save a portion
of the Westside Marsh. These lands were subsequently transferred to Central Lake.
Ontario Conservation Authority. A management plan is being prepared jointly by the
. Municipality and CLOCA to ensure the ecological functions of the marshes are not lost
as a result of future quarrying by St. Marys Cement. The plan will also provide
opportunities for passive recreational,uses. The residents and Council were recently
invited on a tour in the summer of 2004 to view the works which are nearing Completion.
The Municipality leases a portion of the Bowmanville Harbour Conservation Area from
CLOCA. A Conceptual Plan was prepared in 2000 which recommends improvements
to the boat launch, parking lot, Waterfront Trail. and fish cleaning station. New play
areas and a lookout are also proposed. The improvements total $1.14 million dollars.
One third funding has been approved in the SuperBuild program. The implementation of
these improvements are contingent en receiving the balance of funds in the 2005
capital budget.
A.District Park is designated at the mouth of the Bowmanville Creek for both the east
beach and west beach. The Port Darlington Harbour Company (PDHC) currently owns
the lands on both the east and west of Bowmanville Creek. The Municipality has been
in negotiations with PDHC for sometime. The PDHC lands on the East Beach are
included in the long-term acquisition strategy however at this time acquisition is not
crucial to the first phase of park development. In addition, accommodating marine
industry in Bowmanville Harbour is desirable from both economic and public interest
aspects (e.g. an active waterfront is desirable). The Municipality has been acquiring
lands on the south and north side of East Beach Road to provide for sufficient depth to
the park and ancillary facilities such as parking and washrooms, etc. As such, the
Municipality has prepared a design concept that can be phased in overtime and in
relation to which lands will ultimately be publicly accessible. In addition, furids should
be allocated in the capital budget to begin implementation such as grading, parking,
seating and some plantings. .
3.2 Waterfront Trail
The Waterfront Trail is generally located within the Waterfront Greenway and links the
District Parks, focal nodes and other areas of interest together. The total length of the
trail is 31 kilometers (19 miles). Opportunities to move the trail off road and closer to the
water are sought through development of lands, or by other means such as leases and
licenses agreements.
For the 'Waterfront Greenway", in the Clarington Official Plan the intention was to have
the Waterfront Trail integrated within the open space on the lake side of the roadway.
1517
REPORT NO.: EGD-50-04
PAGE 4
. 3.3 BowmanvillelWestside Marshes Management Plan
CLOCA and the Municipality have been working. on a Management Plan for the
Bowmanville and Westside Marshes since 2001; as part of this plan a report regarding
the dynamic beach and how it should be managed in the West Beach Area has been
prepared. The draft report recommended that "Due to the extreme severity of the
hazards (Le. potential loss of life)" CLOCA and the Municipality continue with the long
term acquisition strategy of this area. In addition, the recreational activities
recommended for this West Beach and Bowmanville Marsh are passive in nature and
promote the restoration of the dune area along West Beach to maintain the barrier
between the lake and marsh.
3.4 Conceptual Master Plan for Port Darlington Waterfront Park
A Conceptual Master Plan has been prepared to provide a VISIon for the future
development of the waterfront in Port Darlington.. The physical barrier of the
Bowmanville Creek divides the park into two distinct sides. Each side presents different
opportunities for park development.
The West Beach side contains the marsh and a sand beach with level access to the
waters edge. The East Beach side has a shoreline that is elevated from the waters edge
and existing uses such as the marina, condominiums, and Bobby C's restaurant.
The Conceptual Master Plan takes advantage of the physical features of each site to
create a district park that will provide a variety of recreational opportunities for residents
of Clarington and beyond.
3.4.1 East Beach Side (Attachment 2)
The east side of the creek would contain the active use areas of the park. It is proposed
that a large central gathering node be constructed near the waters edge at the south
extension of Port Darlington Road. This space would be used for special events such as .
concerts in the park, fireworks displays, art exhibits, etc. A nautically themed children's
playground, water play area, washroom building, and concession stand are also
proposed for this portion of the park. Open green spaces would be provided for
picnicking or informal play. The Lake Ontario Waterfront Trail would pass through this
section of the park.
Initially when the Secondary Plan for Port Darlington was being developed (1992) it was
assumed that there would be adequate room south ofthe existing East Beach Road for
the district park development; however, detailed development of the park plan and an
examination of the existing and potential road alignments have yielded a much more
usable park space, that will accommodate the anticipated activities in the park by
shifting the road to the north.
1518
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REPORT NO.: EGD-50-04
PAGE 5
Because the surrounding land is higher than the lake, direct access to the waters edge
is limited on the east side of the creek. Walkways and waterfront lookouts would be
constructed parallel to the lake along the top of the bank. Steps down to a waters edge
. platform would be constructed. A small beach at the west end would pro~ide direct
access to the waters edge.
The architectural features throughout Port Darlington Waterfront Park, including
buildings, shelters, lights and site furniture would be designed to match the architectural
style of Victorian era PortDarlington. It was during this period that Port Darlington was
an active summer resort.
The activity and vitality of the east portion of the park would complement the existing
residential, commercial, and marina uses just north of the park. Clarington's Official
Plan includes a Village Commercial block along the south side of the Regional Water
Treatment plant. This block could be developed with shops, artisan's studios and
restaurants. The village commercial buildings would also screen the view of the
Regional Plant from the park and provide the opportunity to create rooftop patios
overlooking the lake.
3.4.2 West Beach Side (Attachment 3)
The proposed parkland on the west side of the Bowmanville Creek will be much more
passive in character and will complement the beaches and marshes that dominate the
landscape on the west side. The sand beach will be the main attraction of the west
beach portion of the park. The north edge of the west beach portion of the park will
include nature trails along and through the marsh as well as interpretive signage and
opportunities to launch non-motorized boats and canoes in the open wateroflhe marsh.
A waterfront promenade and waterfront lookouts are proposed along the north edge of
the beach. Beach volleyball courts could be constructed between the beach arid marsh.
The volleyball courts. could be used for informal play or programmed toumamerits.
Since the washrooms and playground on the east beach side are not easily accessible
to the west beach it is proposed that a washroom building and children's playground
also be constructed on the west beach side of the park. This area would also provide a
neighbourhood park function for residents.
The Bowmanville Creek is a barrier to pedestrians moving between the east and west
portions of the park. The number and size of boats entering and leaving the lake at the
mouth of the creek would .make building a bridge at this location very difficult and
expensive. This master plan proposes a boardwalk that connects the west portion of
the park to the marsh trails on CLOCA's land. Pedestrians would follow the marsh trail
north and cross the creek at a proposed bridge to the Bowmanville Waterfront
Recreation .Area that is scheduled to be built in 2005. .A bridge at this location is not
currently part of the 2005 project. Including a bridge in the project would create a more
direct pedestrian connection between the east and west portion of Port Darlington
Waterfront Park and between the Bowmanville Waterfront Recreation Area arid Port
Darl.ington Waterfront Park. Using a barge to transport people from the west beach to
. the.. east .beach as. waS dOlJe in the early 1900's is also an option.
. -. ," '" ..
1519
REPORT NO.: EGD-50-04
PAGE 6
4.0 CONCLUSIONS AND RECOMMENDATIONS
4.1 The framework to create publicly accessible waterfront has been established in the
Clarington Waterfront Strategy, Clarington Official Plan and the Land Acquisition
Strategy. The financial analysis provided a timeframe for the acquisition of waterfront
lands and the financial means to acquire such lands. The acquisition of waterfront land
was identified by Council as a priority, the timeframes established in the various
strategies and studies have guided staff in their recommendations to Council and land
acquisitions. We are now at the point where some development of the Port Darlington
Waterfront Park is possible.
4.2 At this time it would be prudent for Council to approve in principal the Conceptual
Master Plan for Port Darlington Waterfront Park so that the first phase of development
can be carried out within a future context for further acquisitions and phases of
development. While it is desirable to have public input prior to Council endorsement of
a park master plan, staff is seeking Council endorsement at this time as the Masterplan
has an impact on private property and prior to meeting with the Port Darlington
Community Association. .
4.3 The first phase of development for the district park is conceptual only and will have to
be detailed prior to construction. A cost estimate for the development of the detailed
design and construction will submitted for consideration in the 2005 Capital Budget. If
approved, the project could be started in 2005 or 2006.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Map of Active and Passive/Recreational Areas in Clarington
East Beach Plan
West Beach Plan .
1520
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ATTACHMENT NO.: 3
REPORT NO.: EGD-5Q-04
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1523
ATTACHMENT 5 to Report PSD-155-04
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BYClAW NUMBER 2004-
being a By-law to adopt Amendment No. 39 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes.
the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Munidpality of Clarington deems
it advisable to amend the Clarington Official Plan to revise the Port Darlington
Nelghbourhood Secondary Plan to allow for the realignment of a portion of Port
Darlington Road and East Beach Road to enlarge the Bowmanville waterfront district
park;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Municipality of
Clarington enacts as follows:
1. That Amendment No. 39 to the Clarington Official Plan being the attached
Explanatory Text is hereby approved; and
. 2. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this
day of
BY-LAW read a second time this
day of
BY-LAW read a third time and finally passed this
2004
2004
day of
2004
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
1524
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BORDEN
LAD N E R
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February 08, 2005
ATTACHMENT 3
Aadendum to Report PSD-155-04
Borden Ladner GeNa~ LLP
Lawyers. Patenl& Trade-mark Agents
Scotia Plaza, 40 King Street West
Toronto, Ontario, Canada M5H 3Y4
lei.: (416) 367-6000 fax: (416) 367-6749
www.blgcanada.com
'05fEB0g PM 1 :40:5?
STEPHEN1'iAQU~
direct leI.: 416 367-6275
direct fax: 416 361.2708
e-mail: swaque@bJgcanada.com
Delivered by Courier
Ms. Patti Barrie, Clerk
Municipality ofClarington
40 Temperance Street
Bowmanville, On
LIC 3K6
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Dear Ms. Barrie:
Re: Official Plan Amendment No. 39 of the Municipality of Clarington
We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington,
which is located on the south side of east Beach Road east of Darlington Road, being
Lots 1 & 2, Block A, Plan H50073, former Town ofBowmanville.
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Attached is our appeal of the Municipality's Official Plan Amendment No. 39. As you
will see, our concern with the Official Plan Amendment is that it changes the land use
strategy prior to acquisition of the affected lands by the Municipality.
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I would be pleased to discuss this matter further with municipal representatives with the
expectation that this matter might be resolved on the basis that the Municipality would
agree that there should be some connection between the change in permitted land uses
and the proposed expropriation.
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Stephen F. Waque
BORDEN LADNER GERVAIS LLP
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1525
BORDEN
LA D N E R
GERVAIS
February 08, 2005
Borden Ladner Gerva~ LLPI
Lawyers . Patent & Trade-mark Agents
Scotia Plaza, 40 King Street West
Toronto, Ontario, Canada M5H 3Y4.
tel.: (416) 36HOOO fax: (416) 367-6749
WM'I.blgcanada.com
STEPHEN WAQUE I
d~ect tel.: 416 367-6275
direct fax: 416 361-2708
e-mail: swaque@blgcanada.com .
Delivered by Courier
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1526 .
Ms. Patti Barrie, Clerk
Municipality of Clarington
40 Temperance Street
Bowrnanville, On
LIC 3K6
Dear Ms. Barrie:
Re: Official Plan Amendment No. 39 of the Municipality of Clarington
We represent Glen Ransom, owner of the property at 66 East Beach Road, Clarington,
which is located on the south side of east Beach Road east of Darlington Road, being
Lots I & 2, block A, Plan H50073, former Town ofBowmanviIle.
On January 17, 2005 Council passed by-law 2005-004 adopting Official Plan
Amendment No. 39 to the Clarington Official Plan. The amendment revises the Port
Darlington Neighbourhood Secondary Plan to allow for the realignment of portions of
Port Darlington Road and East Beach Road to enlarge the waterfront district park area.
The amendment also eliminates the allowance for additional commercial uses on the
south side of East Beach Road.
On behalf of my client I appeal this decision to the Ontario municipal Board pursuant to
Section 17(36) of the Planning Act for the following reasons:
1. Section 5 of OPA 39 deletes Section 7.4 of the Secondary Plan, thereby
eliminating the provision for additional commercial uses on the south side of
Beach Road, which includes my client's lands. Although the municipality has
indicated its intention to acquire my client's lands, it has not done so to date. This
change in the range of permissible land uses is therefore inappropriate prior to
acquisition of these lands by the municipality.
2. Section 7 ofOPA 39 amends Section 8.3 of the Secondary Plan by adding: "The
municipality has developed an acquisition strategy setting out priority areas and
time frames for acquisition. Council may amend the acquisition strategy based on
the detailed plans for the park development." This statement indicates that the
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acquisition strategy has not been finalized and reinforces my concern that changes
in land use should not proceed the acquisition of the relevant land by the
municipality.
3. The proposed changes are inappropriate in the event that the expropriation does
not proceed.
4. Further changes to the land use limiting the highest and best use of my client's
lands are not permissible once the expropriation process is contemplated or
commenced. Accordingly, the proposed changes, in light of the served Notice of
Application for Approval to Expropriate, are not proper.
Yours truly,
~L~~'-LP
Stephen F. Waque
BORDEN LADNER GERVAIS LLP
::ODMAIPCDOCSICC1\S87397\!
Enc!: Cheque for the Ontario Municipal Board's application fee.
21527
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'05FEEATTACHMENT 4
Addendum to Report PSD-IJll(
www.airdberlis.com
fP 528
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AIRD & BERLIS LLP
Barristers and Solicitors
Patent and Trade Mark Agents
Christopher J. Williams
Direct: 416.865.7745
E--mail: cwilliamS@airdberlis.com
February 8, 2005
BY COURIER
Our File No.: 86148
Ms. Patti L. Barrie
Clerk
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
Dear Ms. Barrie:
Re:
Proposed Official Plan Amendment No. 39
Port Darlington Neighbourhood Secondary Plan
Your File COPA2004-005
As you are aware, Aird & Berlis LLP has been retained by Mr. Andrew Wiggers, of
Wiggers Custom Yachts Limited and the Port Darlington Harbour Company (collectively,
the "Harbour Company") in respect of the proposed expropriation of approximately 5 acres
of Harbour Company lands intended to facilitate the expansion of Clarington's proposed
waterfront park system. These are the same lands which are contemplated in OPA No.
39 as comprising part of Clarington's future waterfront parklands system.
A Hearing of Necessity has been scheduled for April 7 and 8, 2005, at which time the
necessity and appropriateness of the proposed expropriation will be determined. Until
such time as the expropriation matter is determined, the scope of OPA No. 39 will remain
undefined. As such, it is premature for the municipality to proceed with OPA No. 39 at this
time.
In addition, and as we have previously outlined in our correspondence of December 10,
2004, the expansion of the parkland area and the necessitating realignment of East Beach
Road and Port Darlington Road will most certainly have a negative impact on our client's
ability to continue with their existing commercial operations. Moreover, the introduction of
incompatible land uses immediately adjacent to the Harbour Company's lands will further
BCE Place, Suite 1 BOO. Box 754. 1 Bl Bay Street. Toronto, Ontario. Canada M5J 2T9 T: 416.863.1500 F: 416.863.1515
Affiliated yyjth Owell, Bird I Vancouver
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February 8, 2005
Page 2
challenge the continued viable operation of our client's industrial operations by
compromising any future expansion of those operations.
As a result of the foregoing, and for other additional reasons previously communicated to
the municipality, we appeal OPA No. 39 on behalf of our clients.
In support of our appeal, please find enclosed a cheque written to the Ontario Municipal
Board, in the required amount of $125.00.
Yours very truly,
AIRD & BERLlS LLP
Christo er J. Willr:
CJW/AD/db
cc: David J. Crome, M.C.I.P., R.P.P.
Director, Planning Services
-
Franklin Wu
Chief Administrative Officer
Port Darlington Harbour Company
Attention: A. Wiggers
Wiggers Custom Yachts Ltd.
Attention: A. Wiggers and B. Helmer
J. Rose/E. Costello, Aird & Berlis LLP
Mr. Philip H.. Meretsky, Q.C.
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1529
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to adopt certain amendments to proposed
Amendment No. 39 to the modification of Clarlngton Official Plan
WHEREAS at its meeting on April 25, 2005, 2~ncii received Addendum to Report
PSD-155-04;
AND WHEREAS Council considers it to be expedient to amend proposed Amendment
No. 39 to the Municipality of Clarington Official Plan as recommended in Addendum to
Report PSD-155-04;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows;
1. That the following amendments to proposed Amendment No. 39 to the Ctarington
Official Plan adopted by By-law No. 2005-004 are hereby adopted by;
(a) Section 1 and Section 4 to 11, inclusive, of proposed Official Plan
Amendment No. 39 are deleted; and
(b) the words "Marina Commercial" are deleted from the second sentence of
new Section 4.4 of the Port Darlington Neighbourhood Secondary Plan
which was added by section 2 of proposed Official Plan Amendment No.
39.
2. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT 5
Addendum to I
Report PSD-l -I
1530
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Clfllmgron
OTHER BUSINESS
MEMO
TO: Mayor Mutton and Members of Council
FROM: A. Greentree, Deputy Clerk
DATE: April 25, 2005
RE: Royal Bank request for Barbeque
Our File No.: M02.GE
A request has been received from Lisa Kelly, Assistant Manager Personal Financial
Services, RBC Royal Bank to hold a barbeque to support "Variety Village" the
following recommendation is suggested;
"THAT the correspondence dated April 20, 2005 from Lisa Kelly, Assistant
Manager Personal Financial Service, RBC Royal Bank be received;
THAT the request to hold a barbecue to support "Variety Village" to be held on
April 25, 2005 be approved provided the applicant apply for and obtain a Road
Occupancy Permit; and
THAT Lisa Kelly, Assistant Manager Personal Financial Service, RBC Royal
Bank be advised of C ncil's decision, FORTHWITH,"
CAG*cd
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
1601
,,"
Libby Racansky
3200 Hancock Rd.
Courtice, ON
LIE 2MI
April 25th, 2005
Re File # PLN 1.1. 9 and the Reason Why the Nasb Rd. Site (Attachment 3) Should Be
Subject of the Greenbelt Plan Policies?
I was very impressed by your corrunents on the Draft Greenbelt, especially with tbe idea of
keeping the greenbeh boundary tightly aligned around the existing urban centers to ensure that
the status quo development situation does not continue for years to come, page 6, Report No.
PSD-160-04.
There are undeveloped areas within the urban boundary now and servicing these centers is
becoming a burden on the taxpayers. Our taxes were raised just for this purpose; the maintenance
of these services has not even been counted with yet.
Three members of this Council approved Regional Report No. 2005-P-24, March 8, 2005 that
was dealing with OPA applications like the Nash Rd. Development. This report was forwarded
to the area municipalities in Durham.
This application was placed in the Attachment 1 B) among the applications that are of no effect
(null and void). This interpretation is derived from Section 5(3) of Bill 27 which received Royal
Ascent on June 24, 2004.
The applicant filed his application on 23rd of December 2003 with our Municipality and on 24th
of December 2003 with the Region, after the Bill 26 and 27 were introduced and after the first
reading of the Greenbelt Act.
This l:&Id application was first dealt with on February 17, 2004 at the Region. Not much
information was given to Region or the public to conunent on. The only information that was
given to us all stated that this was farmland supporting only idle agricuhure as a hay farm.
Unfortunately, ifwe did not have enough ofsites like these, we wouldn't be able to produce any
milk or meat products for our. consumption.
This site was never studied, the watershed study for the Black-Farewell will not be completed
until 2007, and the cumulative impact of development on the groundwater lowering in this
groundwater recharge area is not known yet. Because of unidentified 407 route study yet, this
site may become part of the future study. What do we know about this site to make predictions
about the extension of urban boundary?
~ For the above and other reasons, I do not understand why the Nash Rd. application needs
clarification from the Ministry? This Council approved 3 times the fact that this site was to be
part of the Greenbeh. The Municipal Affuirs staff informed me that after telephone conversation
with our staff about this issue, that our staff agrees with regional report that this application
should be null and void.
Council could be grateful that this site was all included in the Greenbelt in the final Plan, because
it shonld be, Council requested that in the conunents on the Draft. The reason why this site was
partially excluded from the Greenbelt in the Draft is that to figure out the correct urhan boundary
in our vague Regional Official Plan is very hard for someone who doesn't deal with this
document on a daily basis. There is a series of road lines, identification of agricultural land by
lines in this section ofthis Plan. Simply, the eastern boundary is not very identifiable there. The
eastern Greenbelt boundary was corrected in the final Greenbelt Plan.
If the Council is afraid that powerful Mr. Tanenbaum could take our Municipality to the.OMB
and, if they will refuse his wishes regarding the Transition Section statements of the Greenbelt
Plan, pg. 40,41,5.2, there is a new section in the Strong Communities of the Planning Act, 2004
(Bill 26) stating that: "put the public interest first by preventing appeals to the OMB of
urban expansions that are opposed by elected municipal governments".
The Greenbelt Plan must be read in its entirety; policies of this Plan are not meant to be read in
isolation, as per this Plan, pg. 43, 5.4. Pg. 26, 3.4.4 of this Plan, Additional Policies for
Settlement Area Expansion, states that: "1. Where a municipality had initiated the
consideration of a settlement expansion prior to the date of this Plan came into effect, ...
The proposed expansion shaD:
a) Prior to the December 16, 2003, be supported by:
i A Council resolution authorizing the consideration of such expansion; and
ii The substantial completion of background studies or reports by municipal staff of
planning consultants, or the expenditure of municipal funds on the consideration of such
expansion.
b) Not extend into the Natural System."
This Council didn't consider expansion of urban boundary, this Council didn't make such a
resolution nor substantial studies or reports were prepared; your decision should be a simple one.
You are here today, ready to make decision that will influence the young, old, families that
cannot be present here right now. You should consider protecting.their interest, their health, and
their well-being. Many wetlands, streams in the Black-Farewell were covered up and built on; I
can show you written reports and maps of these actions. With climate change and its negative
effects on our community, I beg you, make a correct choice, a choice for the betterment of our
community and notthatofoneindividnal's gain..We should listen to. scientists that are warning
us to change our ways of planning ifwe want to sustain our economy and services like water,
soil and air, which we receive from nature for free. These services are unlikely to be sustained if
most of the ecosystem services on which humanity relies continue to be degraded, according to
the Millennium Ecosystem Assessment Report from March 30th, 2005 (Canada included). Only
by valuing all our precious natural and human resources can we hope to build a sustainable
future. Also, the article 'Facing up to climate change' in the Engineering Dimensions issue from
March/April 2005 for the professionalengineersis warning us. that the building industry will be
hit the most by climate change, if they do not change their ways. We all have to make good
choices.
Please, don't make the same mistake as Regional Council did in 1994 by approving the extension
ofthe urban boundary in Courtice North. Council at that time rejected staffs recommendation.
Here you have professional advice in the regional report stating clearly that the Nash Rd. Site
should be null and void. Please, take their advice.
cc: The Hon. John Gerretsen, Minister of Municipal Affuirs
,