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Home My WebLink About11/21/2005 ClfJligglOn GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: NOVEMBER 21, 2005 9:30 A.M. TIME: PLACE: COUNCIL CHAMBERS 1 . ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of November 14, 2005 301 4.(a) PRESENTATION (i) Vernon White, Chief of Police and Inspector Bill Temple, Durham Regional Police Service - Introduction of the Chief of Police (b ) DELEGATION (i) Glenn Genge, Application for Plan of Subdivision and Rezoning to Permit 47 Residential Units; Applicant: Home-Land Development Group Ltd. - Report PSD-140-05 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-law 84-63 and Approval of Draft 501 Plan of Subdivision Applicant: Far Sight Investments Ltd. Report: PSD-134-05 (b) Application to Amend the Zoning By-law 84-63 and Approval of Draft 503 Plan of Subdivision Applicant: The Municipality of Clarington Report: PSD-135-05 (c) Application to Amend the Zoning By-Law 84-63 505 Applicant: 1532746 Ontario Inc. (The Kaitlin Group Ltd.) Report: PSD-136-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - November 21, 2005 6. PLANNING SERVICES DEPARTMENT (a) PSD-134-05 - Application for Proposed Plan of Subdivision and 601 Zoning By-law Amendment for 422 Residential Dwellings Applicant: Far Sight Investments Ltd. (b) PSD-135-05 - Application for Proposed Draft Plan of Subdivision and 611 Zoning By-law Amendment for 19 Single Detached Dwellings Applicant: Municipality of Clarington (c) PSD-i36-05 - Rezoning to Permit Four Semi - Detached Residential 617 Units Applicant: The Kaitlin Group Ltd. (d) PSD-137-05 - Brookhill Neighbourhood Subwatershed Study - Final 624 Report (e) PSD-139-05 - Rezoning to Permit 2 Single Detached Dwellings 640 Applicant: Leslie Chatham (f) PSD-140-05 - Application for Plan of Subdivision and Rezoning to 648 Permit 47 Residential Units Applicant: Home-Land Development Group Ltd. 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-042-05 - Monthly Report on Building Permit Activity for 701 September, 2005 (b) EGD-043-05 - 20 King Street East Fayade and Transit Shelter 706 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-016-05 - High Five Quality Assurance Program 1001 G.P. & A. Agenda - 3 - November 21, 2005 11. CLERK'S DEPARTMENT (a) CLD-043-05 - Order to Restrain - Appeal Hearing Process 1101 12. CORPORATE SERVICES DEPARTMENT (a) COD-061-05 - CL2005-42, Rehabilitation of Sand Dome (former) 1201 Waste Transfer Station (b) COD-062-05 - CL2005-41, Division Street Reconstruction 1205 (c) COiJ-u63-05 - Tender CL2005-40, Westmore Street and Jane Avenue 1212 Reconstruction, Courtice 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT (a) ADM-006-05 - Newcastle Branch Library - Project Planning 1401 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT (JariIJ~1()11 'JItA/flr ,,,,., "61.\ - General Purpose and Administration Committee Minutes November 14, 2005 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 14, 2005 at 9:30 a.m., in the Council Chambers. ROll CAll Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Emergency Services, G. Weir Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Parks Supervisor, Operations, B. Genosko Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Deputy Clerk, A. Greentree Clerk II, C. Tennisco (attended until 10:00 a.m.) 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-415-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on October 17, 2005, be approved. CARRIED AS AMENDED (SEE FOllOWING AMENDING MOTION) -1 - General Purpose and Administration Committee Minutes November 14, 2005 Resolution #GPA-416-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of the closed meeting of October 17, 2005 be amended to indicate that Councillor Pingle was absent. CARRIED The foregoing Resolution #GPA-415-05 was then put to a vote and CARRIED AS AMENDED. DELEGATION Frank Lockhart, Chaii, Valleys 2000 (Bowmanville) Inc., submitted to the Committee a copy of Valleys 2000's "2005 Annual Report'. Mr. Lockart thanked Council for their continued support and announced they received a total of one-quarter of a million dollars in grants to date. Valleys 2000 successes over the year included: . pavement of the trail along Soper Creek; . river bank improvements to prevent erosion; . a delightful new pond, surrounded by landscaping, which has been well-received by the residents. This project was funded by a $44,000.00 grant received from Trillium.; and . planting of 130 trees. Mr. Lockart stated Valleys 2000 still require to address the concerns of: the installation of a fish ladder, the creation of a major pond in the Spry Avenue and Baseline Road area, and the construction of a bridge. Estimated costs for these three projects are $400,000. In closing, Mr. Lockhart stated that Valleys 2000 was very pleased with the 2005 year and look forward to the erection of a Gazebo, in the spring of 2006, at Rotary Park - funding provided by the Lions Club. Councillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 2075568 ONTARIO INC. AND MIDDLE ROAD DEVELOPMENTS PsD-129-05 Tracey Webster, Junior Planner, gave a verbal report pertaining to Report PSD-129-05. Anthony Biglieri, The Biglieri Group Ltd., spoke on be half of 2075568 Ontario Inc. and Middle Road Developments. Mr. Biglieri advised the Committee that a Noise Study has been submitted and they are in the process of resolving the issues of high acoustic fencing along specified lots, and outstanding landscaping issues. - 2 - General Purpose and Administration Committee Minutes November 14,2005 PLANNING SERVICES DEPARTMENT REZONING AND AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T -88051 TO PERMIT THE DEVELOPMENT OF 13 RESIDENTIAL UNITS APPLICANTS: 2075568 ONTARIO INC. AND MIDDLE ROAD DEVELOPMENTS Resolution #GPA-417-05 Moved by Councillor MacArthur, seconded by Councillor Pingle j , THAT Report PSD-129-05 be received; THAT the applications to amend Draft Approved Plan of Subdivision 18T-88051 and Zoning By-law 84-63, submitted by 2075568 Ontario Inc. and Middle Road Developments to permit the development of 13 residential units be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-129-05 and any delegations be advised of Council's decision. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 20,2005 AND NOVEMBER 3,2005 Resolution #GPA-418-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-130-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on October 20, 2005, and November 3, 2005 for applications A2005-0042, A2005-0043, A2005-0045 and A2005-0046; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; THAT Council does not concur with the decision of the Committee of Adjustment made on November 3, 2005 for application A2005-0040 and that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board, and staff be authorized to defend its original position; and THAT Council does not concur with the decision of the Committee of Adjustment made on October 20, 2005 for application A2005-0044; that Council confirm it' support of the appeal to the Ontario Municipal Board launched by Staff; and that Council authorize Staff to defend its original position. CARRIED -3- General Purpose and Administration Committee Minutes November 14, 2005 APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: MAPLE WOODS LANDS CORPORATION Resolution #GPA-419-05 Moved by Mayor Mutton, seconded by Councillor Pingle THAT Report PSD-131-05 be received; THAT the application submitted by Maple Woods Land Corporation to remove the Holding (H) symbol be approved; and that the by-law attached to Report PSD-131-05 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and ,. THAT all interested par!les listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. CARRIED AMENDING THE FEES FOR MINOR VARIANCE APPLICATIONS Resolution #GPA-420-05 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report PSD-132-05 be received; THAT the by-law attached to Report PSD-132-05 for amendment to the Fees By-law be approved exempting minor variance applications from payment for applications involving setback reductions for structures required to provide an accessibility devise for persons with physical disabilities to an individual residence; and THAT the Clarington Accessibility Committee be advised of Council's decision. CARRIED CONFIDENTIAL REPORT - PROPERTY MATTER Resolution #GPA-421-05 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Confidential Report PSD-133-05 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED -4- General Purpose and Administration Committee Minutes November 14, 2005 Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT CONFIDENTIAL REPORT - PROPERTY MATTER Resolution #GPA-422-05 Moved by Councillor Schell, seconded by Councillor Trim I THAT Confidential Report EGD-037 -05 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED APPOINTMENT OF BUILDING INSPECTOR Resolution #GPA-423-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report EGD-041-05 be received; THAT Mr. Andrew McPherson be appointed as Inspector for the Municipality of Clarington effective Monday November 14,2005 and that his name be added to Schedule "A' of By-Law 2005-145; and THAT the appropriate by-law attached to Report EGD-041-05 be forwarded to Council. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. - 5 - General Purpose and Administration Committee Minutes November 14, 2005 Councillor Pingle chaired this portion of the meeting. EMERGENCY SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - SEPTEMBER 2005 MONTHLY RESPONSE REPORT - OCTOBER 2005 Resolution #GPA-424-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Reports ESD-013-05 and ESD-014-05 be received for information. CARRIED .. ..- COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT ANIMAL SERVICES QUARTERLY REPORT - JULY TO SEPTEMBER, 2005 Resolution #GPA-425-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Report CLD-042-05 be received; and THAT a copy of Report CLD-042-05 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED - 6 - General Purpose and Administration Committee Minutes November 14, 2005 Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CONFIDENTIAL REPORTS - PERSONNEL MATTERS Resolution #GPA-426-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT Confidential Reports COD-055-05, COD-058-05, and COD-060-05 regarding personnel matters be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED BILL 206, AN ACT TO REVISE THE ONTARIO MUNICIPAL RETIREMENT SYSTEM ACT Resolution #GPA-427-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report COD-056-05 be received; THAT the suggested AMO resolution attached to Report COD-056-05 be recommended to Council for endorsement with appropriate reference to the Municipality of Clarington FORTHWITH; and THAT the Durham Region Area Municipalities be advised of Council's action. CARRIED CO-OPERATIVE TENDER T257-2005, GASOLINE & DIESEL FUEL Resolution #GPA-428-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report COD-057-05 be received; THAT Shell Canada Products, Toronto, Ontario in an approximate annual amount of $324,347.87, being the lowest responsible bidder meeting all terms, conditions, and specifications be awarded the Municipality of Clarington requirements for Co-operative Tender T257-2005 Gasoline and Diesel Fuel for a three year term and to expire October 4th, 2008; and THAT funding be provided from the current year's respective departments Operating Fleet Budgets. CARRIED - 7 - General Purpose and Administration Committee Minutes November 14,2005 CL2005-20, GUIDE RAIL INSTALLATION Resolution #GPA-429-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-059-05 be received; THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of $89,239.26 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-20, be awarded the contract for the Guide Rail Installation, as required by. the Operations Department; THAT the total funds required in the amount of $118,688.81 ($89,239.26 tender plus consulting, contingencies, emergency work and Net GST) be drawn as follows: a. $92,212.00 from 2005 and 2004 Capital Budget for Guide Rail Installation Account #110-36-330-83639-7401 b. $26,4 76.8.1 from the 2005 Current Budget for Guide Rail post Miscellaneous Account #100-36-384-10310-7112; and THAT the By-law attached to Report COD-059-05 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION, APPORTIONMENTS OR REFUND OF TAXES Resolution #GPA-430-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report FND-017-05 be received; and THAT the list of applications for cancellation, reduction, apportionments or refund of taxes attached to Report FND-017-05 be approved. CARRIED - 8 - General Purpose and Administration Committee Minutes November 14, 2005 CASH ACTIVITY - THIRD QUARTER OF 2005 Resolution #GPA-431-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report FND-018-05 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S. O. 2001, the Treasurer reports tne cash position of the Municipality of Clarington for the third quarter of the year 2005, as shown on the schedule attached to Report FND-018-05; and THAT Part "A" of the pY~enditures for the third quarter of the year be confirmed. CARRIED CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-432-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Frank Lockhart, Valleys 2000 be thanked for his delegation and dedication to the Valleys 2000 project and that Valleys 2000 be commended for their efforts and successes. CARRIED OTHER BUSINESS Resolution #GPA-433-05 Moved by Councillor Ping Ie, seconded by Councillor Foster THAT the Committee convene in "closed" session for consideration of Confidential Reports PSD-133-05 and EGD-037 -05 pertaining to property matters and Confidential Reports COD-055-05, COD-058-05, and COD-060-05 pertaining to personnel matters. CARRIED The meeting resumed in "open" session at 10:13 a.m. -9- General Purpose and Administration Committee Minutes November 14, 2005 RATIFY ACTIONS Resolution #GPA-434-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the actions taken in the "closed" meeting be ratified. CARRIED ADJOURNMENT Resolution #GPA-435-05 ,. ~ Moved by Councillor Foster, seconded by Councillor Pingle THAT the meeting adjourn at 10:14 a.m. CARRIED MAYOR DEPUTY CLERK - 10 - I I I I I I I I I I I I I I I I I I I Cl~pn PUBLIC MEETING REPORT # RSD-134-05 FAR SIGHT INVESTMENTS LTD. CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: FAR SIGHT INVESTMENTS LTD. AN APPLICATION FOR DRAFT PLAN OF SUBDIVISION APPROVAL AND ZONING BY-LAW AMENDMENT TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning by-law Amendment and a Draft Plan of Subdivision, under Sections 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed draft Plan of Subdivision and rezoning application submitted by Far Sight Investment Ltd. would permit the development of 372 single detached dwellings, 50 medium density dwellings, 1 school site, 1 park block and 2 open space blocks. The subject property is located in Part Lot 7, Concession 1, former Town of Bowmanville as shown on reverse Planning Fila Nos,: S-C-?~;'!5-0002 and ZBA 2005-041 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: Monday, November 21,2005 TIME: 9:30 a.m. PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday, November 28, 2005, commencing at 7:00 p.rn. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, November 23, 2005 to have your name appear in the Agenda. . COMMENTS OR QUESTIONS? I f you wish to make a written submission or if you wish to be notified of subsequent meetings or the approval of the Zoning By-law Amendment and a Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashtonCCi>.clarinaton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment and Draft Plan of Subdivision is approved, the Ontario Municipal Board may dismiss all or part of the appeal. unicipality of Clarington this 18th day of October 2005. 40 Temperance Street BowmanviUe, Ontario L 1 C 3A6 Da . Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 501 ... ZBA 2005-0041 ZONING BY-LAW AMENDMENT S-C-2005-0002 ' DRAFT PLAN OF SUBDIVISION Owner: Schickedanz Bros. Limited J I I I I I I I I I I I I I I I I I I I 502 I. I. I I I I I I I I I I I I I I I I I I CORPORATION OF THE PUBLIC MEETING MUNICIPALITY OF CLARINGTON REPORT II PSD-135-05 NOTICE OF PUBLIC MEETINGMUNICIPALITY OF CLARINGTON I DEVELOPMENT APPLICATION BY: THE MUNICIPALITY OF CLARINGTON A N APPLICATION FOR APPROVAL OF DRAFT PLAN OF SUBDIVISION AND AMENDMENT TO ZONING BY- LAW 84-63 CI!JLiJ1gton TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Plan of Subdivision under Section 51 and Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Draft Plan of Subdivision and Rezoning by The Municipality of Clarington would permit the creation of nineteen (19) single detached lots. The lands are surplus to the Municipality's requirements and will subsequently be sold for development. The subject ,)roperty is located at the north west comer of Baseline Road and Spry Avenue as shown on reverse. Planning File Nos.: S-C--,:005-0005 and ZBA 2005-0051 ~tj PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: DATE: TIME: PLACE: Monday, November 21, 2005 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday November 28, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, November 23, 2005, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment or approval of the draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Carlo Pellarin at (905) 623-3379 extension 220 or bye-mail atcpellarin@clarington.net . APPEAL .If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed applications are approved, the Ontario Municipal Board may dismiss all or part of the appeal. Municipality of Clarington this 18th day of October, 2005 40 Temperance Street Bowmanville, Ontario L 1C 3A6 avi rome, M.C.J.P., R.P.P. Director of Planning Services Municipality of Clarington 503 1 '3 . I I I I I I I I I I I I I I LOSCOMBE DRIVE REGISTER D P AN o 1 6 17 17 N72-2 '4S'( 7220 D > HYDRO 26 2 3 4 5 6 7 ~ SUBSTATION '" :il .., "' ,.. BLOCK Z a.3lI . IlDER 10.0 N72-24'4S'( 10.0 10.0 10.0 10.0 ILl T \JALK'V~Y EX l~ f'II'I "'" W JOHN SCOTT 0 ex 20J1 .. US04CN'T F'OII :J AVENUE SCOTT VENUE"" s'BLOCKlN 38 Z 0 W N72-24'4S'( ~ 2.84 373 33.5 8 19 ~ 27 47.3 38.5 a.. $ en 9 .. .. 18 .. !ll !ll .. 38.S 47.3 REGISTERED PLAN 2"8 10 !!l .. 17 !ll 38.5 47.3 11 !!l 16 32.6 41.7 12 .. !!l 15 !ll 31.8 3~.7 13 14 \.,,, 33.8 4.0 ~n BASELINE ROAD BLOCK 21 WEST f ~ 0.30 ~ RESERVE. " . ~~ . . ....D'" +0.. 0..+ 0"" ~ +0.. Bowmanville Key Map CARRUTHERS RIVE Subject Lands ZBA 2005-051 ZONING BY-LAW AMENDMENT S-C-2005-0005 DRAFT PLAN OF SUBDIVISION 504 I I I I I Owner: Municipality of Clarington "I / ROAD I I I I I I I I I I I I I I I I I I I I I I PUBLIC MEETING C'J[)rmgto~n CORPORATIONOFTHE REPORT II PSD-136-05 feLL.J IL MUNICIPALITY OF CLARINGT.ON 1532746 ONTARIO INC. L"di". th~WaY . NOTICE OF PUBLIC MEETING (THE KAITLIN GROUP) DEVELOPMENT APPLICATION BY: 1532746 ONTARIO INC. (THE KAITLlN GROUP LTD.) A N APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by 1532746 Ontario Inc. (The Kaitlin Group Ltd.) would permit the construction of four semi-detached/link dwellings The subject property is loca.ted on Bannister Street, west of Westside Drive as shown on reverse. Planning File Nos.: ZBA 2005-0049 PUBLIC MEETING. . The Municipalityof Clal,~gion will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, November 21st, 2005 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. . DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Monday November 28, 2005, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon November 23, 2005 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Brad Roberts at (905) 623-3379 extension 327 or bye-mail atbroberts@c1arington.net . APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. unicipality of Clarington this 19 th day of October 2005 40 Temperance Street Bowmanville, Ontario L 1 C 3AG Dav Crome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 505 I ~~'v\-<.. \j'" ~~~r ~~ I 0-0 ~~~ v ~~~ IOfQ I <0 c:, ~ & '% l7r <Q .~ ~ I q- ~~ /0 I \ '/ 0 -I I eN I CO~ I I ~+- ~'-.,~ q; . G ~' ~ <0<0' I <0 co<O ,?" ~ .<0" s~s"Q\ 'CJL:~'O C) CJ C01.;<0 I 3 10.045 <OV \; RJ(1.; 'CO ~ CJCJCJ '09' 30"E ~E.E.~ OS 9JCO \" ro'<l. ' I ~ <0c.." S~ ftw ~ ~" ~ BANNISTER Q~~ ~~. <Q :)"2- -..l0' I CJCJCJ' CJ ~c{.. 'v~~ .c;..c;.. 0<6 72'09'30"E gLS'S\ . J (' ...}o -:;~ ~ \5,iQ L~~ . Z c;..\' - 0 I ~ to "'\ Cj'L, 1&::: AQA . n Q . n ZBA2005-049 I ZONING BY -LAW AMENDMENT Block 22, 40M-1864 and I Blocks 85 and 86, 40M-2185 I Owner: 1532746 Ontario Inc. I BASEUNE ROAD ~I I I , 506 I Cl!Jlpn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November21,2005 Report #: PSD-134-05 File #: S-C-2005-0002 and ZBA2005-0041 By-law #: Subject: APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY- LAW AMENDMENT FOR 422 RESIDENTIAL DWELLINGS APPLICANT: FAR SIGHT INVESTMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-134-05 be received; 2. THAT the application for a proposed Plan of Subdivision and rezoning application submitted by Far Sight Investments Limited be referred back to staff for further processing and the preparation of a subsequent report; and, 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: I J. Crome, M.C.I.P., R.P.P. Director of Planning Services ", () R. d b all ~vL.Q,,--,r{N L~ eVlewe y: Franklin Wu, Chief Administrative Officer SA/CP/DJC/df November 16, 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-134-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Far Sight Investments Limited 1.2 Owner: Schickedanz Bros. Limited 1.3 Plan of Subdivision: 422 residential unit plan of subdivision consisting of 372 single detached dwellings, 50 medium density dwellings, 1 school site, 1 park block and 2 open space blocks. 1.4 Site Area: 40.041 ha 2.0 LOCATION 2.1 The subject lands are located east of the Soper Creek, between Lambs Road to the east, Concession Street East to the north and Highway 2 to the south (Attachment 1). The property is contained within Part Lot 7, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On September 2, 2005, Far Sight Investments Limited submitted an application to the Municipality of Clarington for the development of a plan of subdivision containing a total of 422 dwelling units. A Functional Servicing Report and Environmental Site Assessment accompanied the application. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is currently vacant and has frontage along Lambs Road and Concession Street East. The property is a greenfield site that has previously been used for agriculture. 4.2 Surrounding Uses: North: South: East: West: Darul Ulooma private school at 2020 Lambs Road 1.306 ha to be retained by the owner which has frontage on Highway 2 and Lambs Road Rural residential and agricultural Soper Creek, Bowmanville Zoo, existing low density residential REPORT NO.: PsD-134-05 PAGE 3 5.0 PROVINCIAL POLICY STATEMENT 5.1 The proposed subdivision application is within the Bowmanville settlement area and provides a mix of uses including various community facilities such as a park and school, thus meeting the provincial policy regarding settlement areas that states there shall be a mix of densities and land uses. The development is adjacent to existing built-up areas, but is separated from them by the Soper Creek. All other lands on the east side of the Soper Creek are within the Future Urban Residential Area and will not be developed in the immediate future. Staff have concerns with respect to whether this complies with the requirements for the efficient use of the infrastructure and public service facilities which are planned or available and avoiding the need for their unjustified and/or uneconomical expansion. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated Living Area, Major Open Space and Environmentally Sensitive Area in the Durham Region Official Plan. Lands designated Living Area permit the development of residential units, incorporating the widest possible variety of housing types, sizes and tenure. The applicant has proposed open space blocks for the land that reflects the Major Open Space designation containing Environmentally Sensitive Areas. 6.2 The lands are designated Urban Residential and Environmental Protection Area in the Clarington Official Plan. The residential designation includes 2 medium density areas, a Neighbourhood Park, a Public Elementary School. The Environmental Protection Area contains significant woodlands and significant valleylands as identified on Map C - Natural Heritage System. 6.3 An Environmental Impact Study (EIS) is required for all development applications that have a natural heritage feature identified. As noted above, this proposed subdivision contains the Soper Creek valley and significant woodlands abutting the significant valleylands. The expense of the EIS shall be borne by the proponent. The applicant is aware of this requirement. 6.4 The approval of this application would result in the first major residential development east of the Soper Creek valley, which is a watershed that has not been examined previously in this area. A sub-watershed study is important to protect the ecological and hydrological functions of the Soper Creek. 6.5 A Neighbourhood Design Plan is required for all neighbourhoods prior to draft approval of a plan. As it is the last remaining vacant parcel within the Vincent Massey Neighbourhood, a neighbourhood design plan will not be required. 6.6 Neighbourhood Design principles in the Clarington Official Plan state all subdivision applications must exhibit good neighbourhood design including the following items: grid streets, potential cycling and transit routes, public buildings and spaces to be centrally located with a good street presence, natural features to be enhanced by minimizing REPORT NO.: PsD-134-05 PAGE 4 grade changes, preserving mature trees and providing for open space linkages, and a high quality urban environment along arterial roads. Staff believe the plan can be redesigned to better reflect some of these objectives. 6.7 The Bowmanville Zoo abuts the proposed subdivision along the western boundary. The Bowmanville Zoo is recognized in the Clarington Official Plan by designation as a Tourism Node. A Tourism Node identifies an area of major tourism and recreation potential. I 6.8 The Municipality of Clarington may require that a Financial Impact Analysis be undertaken for major development proposals. This analysis will determine whether the development will have an adverse impact on the Municipality's financial situation. If there is an ad\~:;:orse impact the Municipality may declare the application premature and contrary to the intent of the Official Plan. As noted in Clarington Engineering Services comments in Section 9.2, this development will incur costs to the Municipality that were not contemplated in the near future. 7.0 ZONING BY-LAW 7.1 The subject lands are currently within the "Agricultural (A) Zone" and "Environmental Protection (EP) Zone", The applicant has applied to rezone the property to permit the proposed subdivision development. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and three (3) public meeting notice signs were installed on the property along the Concession Street East, Lambs Road and Highway 2 frontages. 8.2 To date, five (5) inquiries have been received following the sign being posted and the mailing of the notice. The inquiries were regarding the following: · Conflict with the existing zoo pertaining to security for the zoo, security for private citizens and setback from animals and manure; · Impact of development on abutting agricultural uses by light and dust, potential negative impact on ground water and well water, increase in vandalism to greenhouses, and potential for contamination due to use of normal herbicides and pesticides used in greenhouse production; · Impact on residential wells along Lambs Road; · Increased traffic on Lambs Road; · Development is at too high a density; · Impact on taxes of rural residential properties in the area; · Protection of the existing tree line along the west side of Lambs Road; · This development constitutes urban sprawl on the east side of Soper Creek. REPORT NO.: PsD-134-05 PAGE 5 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Engineering Services, Clarington Emergency Services, Clarington Community Services, Clarington Building Division, Veridian, Bell and Rogers. 9.2 Preliminary comments from Clarington Engineering Services advise that: existing municipal roadways situated in the easterly portion of the Bowmanville Urban Area have not yet been constructed to an urban standard and related infrastructure such as storm sewers and storm water drainage systems do not exist. As the installation of urban services and related infrastructure is not contemplated in the foreseeable future this prop\Jsal is premature and therefore cannot support this application at this time. Actual development of the subject lands cannot proceed until improvements to municipal infrastructure such as the urbanization of existing roads, installation of pedestrian sidewalks and the installation of storm drainage systems has occurred. As noted in Section 6.8 of this report, a financial impact analysis may be required to determine if the development will have an adverse effect on the Municipality's financial situation. In addition a number of studies/reports/plans have been identified which are required to be reviewed in support of these applications: · On-Street Parking Plan · Traffic Implementation Report · Preliminary Lot Grading and Drainage Plan · Stormwater Management Implementation Report The proposed sanitary trunk sewer must be constructed in a location and a manner that will not negatively impact any existing municipal park or any existing municipal sports fields. The location of any new easements as well as any final location and design for any sanitary sewers that are constructed on lands owned by the Municipality of Clarington will be subject to the approval of the Director of Engineering Services. Further discussion of this matter will be required. This development cannot proceed until such time that the Municipality has approved the expenditure of funds for the provision of the reconstruction of Concession Street East and Lambs Road to an urban standard. The required reconstruction shall include sidewalks and street illumination as well as any other external works or services which have been included in the Municipality's Development Charge By-law and have been deemed necessary by the Director of Engineering Services to service this development. This development cannot proceed until such time that the Municipality has approved the expenditure of funds for the provision of the construction of sidewalks on Highway 2 that form a connection to the existing municipal sidewalk network within the Bowmanville Urban Area. Lastly, the proposed park block must be increased to a minimum size of 2 hectares. REPORT NO.: PsD-134-05 PAGE 6 9.3 Veridian has submitted a detailed set of conditions and requirements for the development which were forwarded to the applicant November 11, 2005. 9.4 Clarington Emergency Services, Clarington Building Division and Rogers have no objection to this development application. 9.5 The Regional Planning Department will require a noise report to evaluate future noise levels and, if n.ecessary, recommend appropriate noise attenuation measures as the development aButs a Regional arterial road. 9.6 Comments are outstanding from: · Regional Works, · Central Lake Ontario Conservation, · All school boards, and · Durham Police Services. As there is a public elementary school indicated in this proposed subdivision, comments from the Kawartha Pine Ridge District School Board are key to the location of the school site. 10.0 STAFF COMMENTS 10.1 The application is for development of 422 residential dwelling units (372 single detached and 50 townhouse units) on the last vacant parcel with the Vincent Massey Neighbourhood. It is also the first residential development parcel on the east side of the Bowmanville Creek. 10.2 The proposal indicates a grid like street pattern with the medium density areas along Lambs Road, which is a Type B arterial. There is no access directly from the medium density areas to Lambs Road. There are no vehicular connections to Concession Street East or to Highway 2. There are two (2) vehicular connections proposed to Lambs Road. Although the street pattern is grid-like, there are no collector roads within the proposed subdivision. There will have to be consideration as to the need and ability for additional connections to the arterial road network or the creation of a fill collector road system. All traffic is guided to local roads which exit directly onto Lambs Road in two locations. 10.3 There has been some concern from residents that this application is promoting urban sprawl and is located outside the approved Bowmanville Urban Area boundary. However, the subject lands have been within the urban area boundary of Bowmanville since Regional Council adopted a new Official Plan on March 17, 1991, subsequently approved by the Minister of Municipal Affairs and Housing on November 23, 1993. The lands east of Lambs Road to Bennett Road are designated Future Urban Residential Area, and are within the Bowmanville Urban Area boundary. REPORT NO.: PsD-134-05 PAGE 7 10.4 The Bowmanville Zoo abuts the southwest portion of the property for a distance of approximately 380 metres. The zoo also shares a boundary with the Municipality's Mearns Avenue Park, about 420 metres in length. It is the configuration of the zoo and it's animal enclosures relative to the proposed lands that concerns the owner (Mr. Michael Hackenberger). The zoo has been able to abut the park boundary without incident as the zoo does not occupy any lands north of the Soper Creek. This unoccupied area and the creek have created a buffer between urban uses and the zoo. However, the zoo has developed animal enclosures and buildings along its eastern limits as historically this property has been used for agriculture and prior to 1996 was beyond the Bowmanville Urban Area limit. The Bowmanville Zoo have requested a buffE;r area between the proposed urban uses and the zoo. Staff are investigating other zoos within Canada that co-exist with residential development to examine their abutting uses, setbacks and security arrangements. Peterborough, Toronto and Saskatoon have urban zoo's and they have been contacted for information. 10.5 Staff contacted the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) regarding the application of their Minimum Distance Separation requirements. These factors are typically used for livestock and are applied outside urban area limits. However, they may be used by the Municipality to evaluate the impact of the zoo animals and their manure production on proposed residential dwellings. This analysis is not complete at this time. The Bowmanville Zoo has also contacted an agricultural consultant to do their own evaluation. 10.6 The dedication of the open space blocks along the Soper Creek Valley affords the Municipality the potential for the expansion of a trail system linking Concession Street East, to the Mearns Avenue Park to Highway 2, then south to the Visual Arts Centre and Soper Creek Park. 10.7 The Clarington Official Plan contains policies to guide development of park and school blocks. Issues that need to be addressed further with respect to the policies are as follows: . The minimum area for future elementary schools on full municipal services should be approximately 2.5 ha, which may be reduced when located adjacent to a neighbourhood park. The applicant proposes a 2.192 ha block but their school site is not adjacent to a park. The park block is located across the street which would require children to cross the road for access. The park policies state that parks will be considered in association with the school sites in order to facilitate the joint use of athletic and outdoor education facilities. . Elementary schools shall generally be located on collector roads to minimize the impact of traffic on local roads. The school is located on a local road, the access to which is by another local road. There is no direct access to a collector road, and bussing traffic would substantially impact these local roads. REPORT NO.: PsD~134-05 PAGE 8 · The park system will connect with the Open Space system wherever possible. The Park block is located next to the southerly Open Space block, however it is the northerly open space block that has the potential for being developed as part of the Soper Creek trail system. By relocating the park block to be adjacent to the northerly Open space block better connectivity could be achieved. · That parks will be located as central as possible to the areas which they serve. The park is not centrally located, but is between the storm water management pond and tfle southerly open space block. Access is provided by local roads, the same roads used to access the proposed elementary school. · That physical means of access shall be provided on two sides of all municipal parks. Ti II:) park is only accessible by a local road along part of its eastern edge. The park does not have a visible presence in the subdivision or full accessibility. 10.8 Staff have a number of other concerns with the design of the plan including: . Lack of visible access to open space areas along the creek valley. . The width of the small lot singles at 9 m. . Reverse lot frontages on Concession Street. . The street pattern and in particular, the focus of the road system along Street C. 10.9 At the time of submission, the applicant's did not contemplate a sub-watershed plan as they felt the existing roads surrounding their property separated them from the remainder of the Soper Creek watershed. Comments from the conservation authority are outstanding and staff have not determined whether the "sub-watershed" can be confined to the subject property as suggested by the applicant. However, the Municipality requires the identification of storm water management needs for the entire sub-watershed area. 10.10 Given the Engineering Department's concerns about prematurity of this development, a Financial Impact Analysis will be required to be undertaken at the developer's expense. 10.11 Given that this is a new development area, it would be appropriate to apply some of the principles being developed through the Brookhill Secondary Plan process. This will require further discussions with the owner. 11.0 CONCLUSIONS 11.1 In consideration of the issues raised and the agency comments not received at the writing of this report, and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. REPORT NO.: PsD-134-05 PAGE 9 Attachments: Attachment 1 - Key Map Attachment 2 - Proposed Plan of Subdivision Interested parties to be notified of Council and Committee's decision: Far Sight Investments Limited Sernas Associates Martin Mostert Mark and Cheryl Rigby Betty Marti Matt and Murianne Yeatman Mr. Michael Hackenberger (Bowmanville) Auacnmem ". To Report PSD-134-05 ~ I ~ ~ i o <C o ~ en III ~ <C ~ Bowmanville Key Map . ZBA 2005-0041 ZONING BY-LAW AMENDMENT S-C-2005-0002 DRAFT PLAN OF SUBDIVISION Owner: schickedanz Bros. Limited J Attacnment ~ rPROPOSED To Report PSD-134-05 Draft I 'UI I .UK PART OF LOT 7. CONCESSION 1 MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPAUTY OF DURHAM r l't-~s7-r~~ [--I :g .2-i 'I ~2.J ~ I~J - i r-2.J ~ IS Er-i-l Q. 5 i~ 2 '" L~I II '" ~ L.!:.' oj ~ L 12' ~ I U' B r141 0:: ,.... i5~ r-- I 'I (.....}.61 'y -< 18' ,,' ~ (.,19'y^' I ~'y 35/^'-L_ ~ ~< 34............, .... (JJ I ~ ~..; (";1 - ill-~H .. j......~"1 z ~ 'I :5<'~8 j D- ,27 Y 26;:/ '" ..., ~ tIl (3 ..., 0:: --- --- :@ J-- l!: ~ SC>IEIllU OF LAND USE ...-- uca:r~""I;:!&,~~II:Jt'....... (tclI""'/'.\III'I'I) '''&.';''~-~':I;:Ii.=" (. um,_ lMfI) ,..-- - -H~"':&.nr "'MHD ~ "'0 C_lJ1fI/,.....,.) ''W'~....~'W'::-.lf'~ (to L01I/ID l.IITII) mAL , L.01SAII1I ..... JaaJfML (ml.Olll JPllMft) mAL lIMA IIIIU FMII,.T fIS8'1W. . Ia.JIII... ...... DIJr81'Y ....... ,.at!.-..n ~ - .... ....... . 1.413_ (80...... mIlL , I.D!IAII1S IUIJDI'ML (4I21.Nf1) mAL /IIIIU. IaIIIJf1W. . 17.113... - - --- . ...... ..- - --- - ....... snIIiI __ PCIII - --- . U'I'" ..... .... - ....,.... ,un.. RETMIID IT __ - --- . ,... .. .-r~y - --- - ...... ----. --. .ollOI1lClIW.__ --.......-- J ...__..v ~_.-"==-- ,F'~-- ~-=''-- ~ 0INIl'II CIII1f1CA1t ~ CIII1f1CA1t -.---.. -~~- --....-:- _A....u.._ ..~L1D 1-......-_- ..&.-..--- ------- ~---_. -_. .J.llJIARNES LlD --- --- SERNAS ASSOCIATES ~ ~ 110_Cou1 T905.SI6.lW02 UnIt 41 F905.432.18n WNlby,ON ,."..""" L1NBY7 Trudeau - Chitel __. D.H. o\.G. ......... _" I D.H.....CO' 02072a _",1..,1. _... .... " ..00 DP 1 U".U - Q@lJglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21, 2005 . Report #: PSD-13S'-OS File #: S-C-2005-0005 ZBA 200S-0051 By-law #: Subject: APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT FOR 19 SINGLE DETACHED DWELLINGS OWNER: THE MUNICIPALITY OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-135-05 be received; 2. THAT the application for the proposed draft plan of subdivision (S-C-2005-005) and the application to amend Zoning By-law 84-63, submitted by D.G. Biddle and Associates on behalf of the Municipality of Clarington be referred back to Staff; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: '-.'\ /) n ~.~~~. Reviewed by: '--- j '- Franklin Wu, Chief Administrative Officer a' ~. Crome, MCIP, R.P.P. Director of Planning Services CP*DC*sh*df November 14, 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-135-05 PAGE 2 1.0 APPLICATION DETAILS 1 .1 Owner: Municipality of Clarington 1 .2 Agent: D.G. Biddle & Associates 1.3 Plan of Subdivision: Total of 19 single detached dwelling lots; comprised of seven, 10 m minimum lot frontage and twelve, 12 m minimum lot frontage. 1.4 Zonii:lg: from (Holding) Urban Residential Type One (H)R1 to an appropriate zone to.r.>ermit the proposed development. 1.5 Site Area: 1.34 ha. 1.6 Location: The subject lands are located on the north west corner of Baseline Road and Spry Avenue. The lands are municipally identified as 200 Baseline Road, being located in Part Lot 13, Concession 1, of the former Town of Bowmanville. 2.0 BACKGROUND 2.1 In 1989, the Municipality purchased the site at the north-west corner of Spry Avenue and Baseline Road (200 Baseline Road) for use as a future fire station site (Attachment 1). Subsequently, the Municipality and the Fire Marshall's Office determined that the main fire hall should be relocated from its Church Street location to a location in the vicinity of Durham Highway 2 and Regional Road 57. In 1994, the new fire headquarters was constructed in its current location. The lands at Spry Avenue were no longer required for a fire station. 2.2 The Municipality declared the lands surplus in 1997 and the lands were previously tendered for sale in 1998. At that time, all bids received were far below the appraised value. On November 8, 2004, Council considered and approved a report from the Administrator authorizing the retention of an engineering and planning consultant to make application for a proposed plan of subdivision on the subject lands. By obtaining draft approval for the lands, it is generally acknowledged that the value of the land will increase. 2.3 On September 20, 2005, D. G. Biddle and Associates submitted applications for proposed plan of subdivision and rezoning. 2.4 Documentation in support of the subdivision proposal included a Geotechnical Report. REPORT NO.: PsD-135-05 PAGE 3 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is vacant and currently has frontage along the north side of Baseline Road and the west side of Spry Avenue. The property is considered an infill site that is relatively flat. 3.2 Surrounding Uses: North: Existing residential dwellings and an electrical sub-station; West: Existing residential dwellings; South: Baseline Road and vacant land presently being graded for commercial development (Torgan); and East: T""? Bowmanville Creek and associated valley. 4.0 PROVINCIAL POLICY STATEMENT 4.1 Section 3 of the Planning Act requires that all decisions affecting planning matters "shall be consistent with" the Provincial Policy Statement. The Provincial Policy Statement states that Settlement Areas shall be the focus of growth. The existing infrastructure has sufficient capacity to accommodate this infill development. 5.0 OFFICIAL PLAN POLICIES 5.1 The Durham Region Official Plan designates the subject lands "Living Area". Lands designated Living Area permit the development of residential units, incorporating the widest possible variety of housing types, sizes and tenure. The application conforms. 5.2 Within the Clarington Official the lands are designated "Urban Residential". This designation allows residential development containing a variety of housing forms, size and tenure. Although some of the lands in the south east corner are within the floodplain, they are not in the Environmental Protection Area designation or identified as Hazard Land. The application appears to conform. 6.0 ZONING BY-LAW 6.1 The subject lands are currently zoned (Holding) Urban Residential Type One (H)R1. This zone allows single detached dwelling lots based on a 15 m minimum lot frontage and semi-detached or linked dwelling units with a minimum 18 m lot frontage. The applications proposes single detached dwelling lots with 10m minimum frontages for the extension of John Scott Avenue, while the cul-de-sac will contain 12 m minimum frontage singles. Neither of these lot frontages are permitted within the existing zone regulations, hence the rezoning application. REPORT NO.: PsD-135-05 PAGE 4 7.0 NOTICE AND SUBMISSION 7.1 Public notice was given by mail to each landowner within 120 metres of the subject site and two (2) public meeting notice signs were installed on the property along the Baseline Road and Spry Avenue frontages. 7.2 To date, two inquiries were received seeking clarification on the proposal and notice procedures. 8.0 AGENCY COMMENTS 8.1 The application was circulated to a number of agencies and departments for comment. To date, comments remain outstanding from a number of agencies including the school boards, CLOC, Durham Regional Planning Department and Durham Regional Works Department. 8.2 Clarington Engineering provided a number of comments some of which must be addressed prior to draft approval and some that would be incorporated in the conditions of draft approval. Items required to be addressed prior to draft approval include: . A preliminary servicing plan to the approval to the Director of Engineering; · An on-street parking plan; and . A preliminary grading and drainage plan detailing on-site storm sewer system (minorsystem) and the conveyance of the overland flow (major system) from the subdivisions, as well as required storm water quality or quantity measures or facilities. 8.3 Emergency ad Fire Services advised they have no comments or safety concerns. 8.4 Veridian has no objection to the proposal and provided detailed comments and conditions of approval. 9.0 STAFF COMMENTS 9.1 The proposed development will allow for the extension of John Scott Avenue to connect to Spry Avenue. This will provide existing residences a second access to the area. Spry Avenue and Baseline Road will become a signalized intersection with the development of the commercial lands (Torgan) to the south. This will provide existing and future residents access to a future controlled intersection to make left hand turns on to Baseline Road. It also provides an opportunity to travel north towards the downtown without having to use Baseline Road. Baseline Road is a Type A arterial road and will continue to experience increased traffic volumes. 9.2 The existing residences in the area are zoned R1 and are characterized by traditional semi-detached lots having 18 m frontage, 9 m frontage for each half of the lot or link lots REPORT NO.: PsD-135-05 PAGE 5 based on the same frontage requirements. The single detached lots proposed on the John Scott extension will have a minimum lot frontage of 10m. Although slightly larger than the existing lots on John Scott , they will be very similar and are considered compatible. The single detached lots on the proposed cul-de-sac will have 12 m minimum frontage. These lots will slightly larger than existing lots in the area, providing additional variety to the area while still compatible with the existing surrounding housing form. I 9.3 The south-east 'corner of the subject property is subject to a flooding constraint during a Regional Storm. Prior to closing on the site in 1989, the Municipality undertook an investigation for the proposed fire hall and obtained a flood and fill permit from the Central Lake ':;~tario Conservation Authority subject to a number of conditions. The preliminary plan for the Fire Hall would have left some of the site in the floodplain (e.g. driveway, lawn area, etc.) 9.4 Through a cut and fill program, the consultants anticipate that all or most of this site could be engineered to permit residential development. There is the potential for the cut and fill program and the storm water management requirements to be co-ordinated with the implementation of the water feature anticipated by Valleys 2000 Plan for the north- east corner of Spry Avenue and Baseline Road. This issue is being reviewed by the engineering consultants together with the work being undertaken on the south side of Baseline Road for Torgan Developments. 9.5 The development is an infill situation. There is limited ability to design the subdivision without rear facing lots at the density proposed. A noise fence will be required to protect the rear yard amenity areas. The noise fence design will be reviewed in detail prior to a recommendation report. 9.5 At this time detailed servicing reports, and noise studies remain outstanding. In addition, based on comments received to date, a preliminary servicing plan, a preliminary grading and drainage plan and a parking plan are all required. 10.00 CONCLUSIONS 10.01 In consideration of the additional reports required in support of the applications; the agency comments not received at the writing of this report; and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map and Proposed Plan of Subdivision Interested parties to be notified of Council and Committee's decision: Franklin Wu Glenn Genge Cathy Reid D LOSCOMBE DRIVE 1 6 REGISTER D P AN 17 17 N72-2 '4S'E 1 9 72.20 D 26 2 3 4 5 6 7 BLOCK ~ CLJij " AESER lll.O 10.0 10.0 \0.0 10.0 11.\ JOHN SCOTT AVENUE N72-24'4S'E 2.84 27 51 t REGISTERED 28 29 BASELINE ROAD +"'.. Bowmanville Key Map CARRUTHERS DRWE Subject Lands '\ / ROAD I ~ 14.0 BLOCK 21 WEST 0.30 " RESERVE. . "'..+ Attachment 1 To Report PSD-135-05 . w ~ z 0 w ~ ~ a.. en ~.... . < < ~ ~ . )( ~ .....EXIf' LoJ TDIfI 8 lfl 19 !2 38.5 47.3 9 co '" 18 !\! !\! 38.5 47.3 PLAN 10 0 '" 17 ~ !\! 38.5 47.3 11 16 32.6 4\.7 12 0 15 ~ 31.8 3~.7 13 14 33.8 "'..+ ZBA 2005-0051 ZONING BY-LAW AMENDMENT S-C-2005-0005 DRAFT PLAN OF SUBDIVISION J Owner: Municipality of Clarington I I CJ51!illgtDn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21, 2005 Report #: PSD-136-05 File #: ZBA 200S-0049 By-law #: Subject: REZON:~~G TO PERMIT FOUR SEMI-DETACHED RESIDENTIAL UNITS APPLICANT: THE KAITLlN GROUP LTD. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-136-05 be received; 2. THAT the application to amend Zoning By-law 84-63, submitted by the Kaitlin Group Ltd. on behalf of 1532746 Ontario Inc. be APPROVED and that the by-law contained in Attachment 2 be forwarded to Council for adoption; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da (j Creme, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:U~ ~(, Franklin Wu, Chief Administrative Officer BMRlDJC/df 14 November 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-136-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: 1532746 Ontario Inc. 1.2 Applicant/Agent: The Kaitlin Group 1.3 Rezoning: To rezone the subject lands from the "Agricultural (A) Zone" and "Holding Urban Residential Exception ((H)R1-41) Zone" to an appropriate zone to permit the construction of four semi- detached residences. 1.4 Site Area: 1174.97 m2 1.5 Location: The area subject to the proposal is located on the north side of Bannister Street, west of Wests ide Drive, being Part Lot 16, Concession 1, in the former Town of Bowmanville. 2.0 BACKGROUND 2.1 The subject lands are comprised of Block 22 on 40M-1684 part of the original Aspen Springs Subdivision (18T-88046). Blocks 85 and 86 on 40M-2185 are part of a later subdivision application, now referred to as Aspen Springs - Phase II (18T- 900S0). When the original plan of subdivision was draft approved for Aspen Springs Block 22 on 40M-1684, it was shown as a future development block, as there were no plans for the adjacent lands. 2.2 When the subdivision and rezoning applications for Aspen Springs - Phase II, blocks were draft approved to develop, in conjunction with Block 22 for two (2) semi-detached/link lots (four (4) units). However, the applicant did not rezone Block 22 at that time. 2.3 In September 2005, Kelvin Whalen of the Kaitlin Group Ltd. on behalf of Lome Stein of 1532746 Ontario Ltd. submitted an application to rezone 0.12 hectares, north of the intersection of Bannister Street and Millburn Drive, west of Westside Drive to permit the construction of four semi-detached residences. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The area subject to rezoning is 0.12 ha, and is located on Bannister Street, 40 metres west of Wests ide Drive. 3.2 The surrounding land uses are as follows: North - South - East West Urban Residential Urban Residential Urban Residential Urban Residential REPORT NO.: PsD-136-05 PAGE 3 4.0 PUBLIC NOTICE AND SUBMISSIONS 4.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Bannister Road frontage. 4.2 As a result of the public notification process, to date, the Planning Services Department has received no inquiries about the proposed zoning change. 5.0 PROVINCIAL POLICY STATEMENT 5.1 The 2005 Provincial Policy Statement requires planning authorities to provide for a range ot:"ousing types and densities with a ten year supply of lands which are designated; and a three year supply of zoned and serviced lands within draft approved and registered plans. New housing is to be directed to locations where infrastructure and public services are available. The applications are consistent with the Provincial Policy Statement as they would provide for developable land for a mix of housing types, accessible to existing infrastructure. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Regional Official Plan designates the subject property as Living Area. The predominant use of land within the Living Area designation is for residential purposes. The proposed use does conform to this plan. 6.2 Within the Clarington Official Plan, the subject area is designated Urban Residential. The Urban Residential designation permits residential uses, a net density of 10 to 30 units per net hectare. The use conforms with the plan. 7.0 ZONING BY-LAW COMPLIANCE 7.1 Within Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, the subject property is zoned in "Agricultural (A)" and "Holding Urban Residential ((H)R1-41)". The application does not conform, hence, this rezoning application. 8.0 AGENCY COMMENTS 8.1 In consideration of the previous consideration given to the lot format through the review of the subdivision application, Staff contacted Clarington Engineering Services and the Durham Regional Works Department to confirm they had no objection to the rezoning. REPORT NO.: PsD-136-05 PAGE 4 9.0 STAFF COMMENTS 9.1 The subject lots are divided between two Plans of Subdivision. The northern portion (Block 20) will be rezoned R 1-41. The southern portions of the lots (Blocks 85 and 86) were included in the rezoning application for the purpose of removing the holding symbol. The property owner has satisfied the requirements for removal of a holding symbol. 10.0 CONCLUSIONS 10.1 Currently, no objections or concerns have been raised by surrounding residents or through agency comments. Given that the application is in an existing established subdivision with similar uses and zoning on the adjacent properties, Staff would recommend approval of the application. Attachments: Attachment 1 - Attachment 2- Site Location Key Map and Property Plan Proposed By-law Attachment 1 To Report PSD-136-05 ~'vV :0~'V ~~-<. <QO C:J~~ \:)~ '\; o~~/' <2~ ~h ~ forOn"" ~ & '~~Cf- ~Q ~~ c Cf- ~~ o '/ \ o -\ (..rJ 1h AQA j aw ":)~ ~tl. ,-10 - ~ co<r:> r+ ~Cv~ ~ '-.J '$>. ~'-.J \)\)' <0 '0<0 ~" '" l G:J" ~ '\:"" ~~ ,CJ ~ 0.... V \;r.coCv'CO ,,~ V -J 9,"~. ~C5\)Cv~ ~~" ~ ~~. <0 ~t5' 'ul~- .j2~ '6_ ~\- - . *- ~ n N 72.09' 30"E 29.865 ~ /' . ~1v \:)c..,~ ,,<\CO\' ~. \:) \:) , ~" ~ j 10.045 .09' 30"E BANNISTER 72'09' 30"E ZBA 2005-049 ZONING BY-LAW AMENDMENT Block 22, 40M-1864 and Blocks 85 and 86, 40M-2185 Owner: 1532746 Ontario Inc. ~I BASEUNE ROAD I I , Attachment 2 To Report PSD-136-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ~BA 2004-044; ",. NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "1" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A)" and "Holding Urban Residential Exception ((H)R 1-41)" to "Urban Residential Exception (R1-41)" as illustrated on the attached Schedule "A" hereto. BY-LAW read a first time this day of 2005 BY -LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- passed this day of !I 2005 A.D. , I o --1 ~ BOTTRELL STREET 6' ~ 3.995 \. 13.699 10.045 N72'09'30"E BANNISTER STREET N72'09'30"E FZZZZl ~ ",,'b ~ ~ \:F)\i C)D '? ~ ~ ~~ .~S- ~c:c,\ f ~\ ~ 0 I.-~u _, l,"'~ Zoning Change From "A" To "R1-41" Zoning Change From "(H)R1-41" To "R1-41" John Mutton. Moyor Patti L. Barrie. Municipal Clerk \ I I I I WEST SIDE PARK !BSQ DODDS SQ. WOOLNER LN ZIc<: C<: w :::> f- m 'C' -' Z -' Z ~ <( m MILLBURN DRIVE Z C<: :::> m -' -' :::;; w > ii' o w o Vi f- (f) W :;: BASELINE PARK BASELINE ROAD --, Bowmanville ClJJl.mgtnn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21,2005 Report #: PSD-137-05 File #: PLN 17.13.6 By-law #: Subject: 'BROOKHILL NEIGHBOURHOOD SUBWATERSHED STUDY - FINAL REPORT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-137-05 be received; 2. THAT the Brookhill Neighbourhood Subwatershed Study - Final Report be received; 3. THAT the recommendations contained with the Brookhill Neighbourhood Subwatershed Study- Final Report be adopted as the basis for subwatershed management within the study area; 4. THAT staff be authorized to initiate the necessary amendments to the Clarington Official Plan to implement the recommendations of the Brookhill Neighbourhood Subwatershed Study - Final Report; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: '\ A o ~~cQ~- ~'lL v . Crome, M.C.I.P., R.P.P. irector of PI?nning Servic;eS- AfIt~ I Anthony S. Cannella, C.E.T. Director of Engineering Services Reviewed by: Franklin Wu, Chief Administrative Officer HB/CP/DJC/df 9 November 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-137-05 PAGE 2 1.0 THE STUDY FRAMEWORK AND PROCESS 1.1 Subwatershed studies assess the interactions of the natural environment with existing and planned future land uses within a specified drainage area, using an ecosystem approach. The Municipality of Clarington Official Plan (Section 20.2.3) requires that subwatershed studies be conducted as a precursor to municipal consideration of future draft plans of subdivision. 1.2 In the fall of 2Q02, the Municipality of Clarington hired the consulting firm of Aquafor Beech to conduct the Brookhill Neighbourhood Subwatershed Study. The funding for the study came from major landowners in the neighbourhood. The study area generally includes the lands west of Bowmanville Creek to Maple Grove Road, and from Nash Road in the no:" to Highway 2 to the south. The Brookhill Tributary drains approximately 333 hectares although the study area itself is almost 500 ha. The study area was expanded to include the entire Brookhill Neighbourhood (some lands in this area drain directly to the Bowmanville Creek and some drain to Westside Creek) and the lands designated Future Urban Residential as identified in the Clarington Official Plan (Attachment 1 ). 1.3 The purpose of this study was to investigate and inventory the natural features, identify constraints and opportunities associated with existing/proposed land uses, and develop a subwatershed management plan to manage the resources and provides for a framework in which municipal planning decisions can be made. Goals of the study are to protect groundwater resources; protect water quality; establish healthy aquatic and terrestrial ecosystems; and minimize risks from flooding and erosion hazards. 1.4 The Brookhill Tributary consists of three smaller branches (East, Central and West) leading to the Main Branch which converges with the Bowmanville Creek just north of the St. Lawrence and Hudson railway bridge. The southern portion of the study area is predominantly farmed. There are a number of rural residential properties located along Maple Grove Road and Regional Road #57 and estate residential properties between Regional Road #57 and the Bowmanville Creek Valley. The north portion of the study area is largely located within the Maple Grove Provincially Significant Wetland Complex. The East Branch drains the Maple Grove Provincially Significant Wetland and the West and Central branches drain the rural lands west of Green Road (Attachment 2). Tile drainage and agricultural practices within this subwatershed have had an impact creating shallow grassed strips for overland drainage, and altering stream channels. 1.5 The study comprised 4 phases being: 1 - Establish Environmental Conditions This included identification and evaluation of the natural features and functions within the study area and their ecological significance; mapping of developable lands, non-developable lands and those lands requiring additional study. REPORT NO.: PsD-137-05 PAGE 3 2 - Evaluate Alternative Stormwater Management Strategies Four alternative strategies were considered: i) use of traditional stormwater management ponds for water quality, quantity and erosion control; ii) use of infiltration measures for water quality control and to control runoff volumes using centralized infiltration facilities reducing the need for stormwater ponds. This alternative generally requires soils with higher permeability; iii and iv) combination of the use of infiltration measures and stormwater management ponds to varying degrees. Common to all strategies were recommendations for stormwater controls supporting groundwater recharge on residential lots, the restoration of the Brookhill Tributary, erosion control measures along the Brookhill Tributary and Bowmanville Creek, and addressing the inadequacies of the culvert structure at Regional Road #57. 3 - Selection of Preferred Subwatershed Plan This phase of the study evaluated the 4 alternative strategies for management of the stormwater within the study area. Initially, the steering committee and landowners agreed with Option ii) to address stormwater management. In this method, stormwater would be directed to underground centralized infiltration structures which would distribute the water directly into the ground, facilitating groundwater recharge. Subsequently, the developers conducted detailed geotechnical investigations revealing that the soils were not as consistently permeable as originally determined. As a result, infiltration as a stormwater management technique was not considered viable and Option i) was adopted as the preferred strategy by the steering committee. 4 - Development of an Implementation Plan Implementation of the preferred subwatershed plan requires the combined efforts of landowners, developers, the Municipality and the Conservation Authority. The study notes that prior to development, additional work may be necessary including preliminary and detailed design of the stormwater ponds, drainage plans, tree preservation plans and grading plans and environmental impact studies. Details regarding Clarington's responsibilities for implementation of this subwatershed study is provided in Section 2 of this report. 1.6 A steering committee was established to guide the consultants in their work. The makeup of the steering committee included the benefiting developers and their consultants, representatives from the Ministry of Natural Resources, Region of Durham, Central Lake Ontario Conservation Authority, municipal staff, 2 area residents and the consulting team. There were 4 meetings of the Steering Committee. REPORT NO.: PsD-137-05 PAGE 4 2.0 REPORT FINDINGS AND RECOMMENDATIONS 2.1 Arising from the different components of the study, came recommendations. Phase 1, establishing environmental conditions, identified the significance of the study areas natural features and from this, recommended which features shall be protected from development and what measures would be necessary to ensure the ecological significance of the area is maintained. Phase 3 identified the preferred subwatershed plan and Phase 4 provides recommendations that would facilitate implementation of the plan. An executive summary of the study is contained in Attachment 3 to this report. y 2.2 Siqnificant Natural Features and Ecoloqical Functions 2.2.1 The study id2~~!fied Class 1 natural features being the Maple Grove Provincially Significant Wetland Complex, the East and Main Branches of the Brookhill Tributary and the Bowmanville Creek Valley. Development within these features is prohibited. A buffer area of 120 metres from the wetland and a buffer of SO metres along the stream valleys is required. An EIS shall be prepared prior to consideration of proposed development within these buffer areas. It was also recommended that development be prohibited within the Lake Iroquois Beach which is located in the very north portion of the study area beyond the limits of the Bowmanville Urban Area. 2.2.2 Some Class 2 and Class 3 terrestrial resources were also identified. Development may be permitted within these features subject to the preparation of an environmental impact study to determine the sensitivity of the features and their functions, and the potential impact of proposed development. 2.2.3 The study recommends the establishment of two wildlife corridors connecting the Bowmanville Creek Valley with the Maple Grove PSW. One of these corridors is proposed in the north portion of the study area along Nash Road and the other is proposed in proximity to the future Longworth Road alignment (Attachment 4). 2.2.4 The study determined that the West and Central Branches of the tributary and the old remnant channel could be abandoned as they had been severely compromised by past agricultural activities and there was no evidence of fishery resources or aquatic habitat within these areas. 2.3 Preferred Subwatershed Plan 2.3.1 The preferred subwatershed plan recommends the use of traditional stormwater management ponds for water quality, quantity and erosion control. It is recommended that there be eight (8) centralized ponds within the study area. The study identifies the general location and size of the stormwater ponds (Attachment 4). The exact size and location of these ponds shall be determined through stormwater management reports. 2.3.2 It is recommended that lot-level infiltration be conducted to help maintain existing groundwater recharge rates and protect baseflow. For those lands that drain to the Westside Creek, on-site flood control is recommended. Lands draining directly to Bowmanville Creek do not need any flood control measures. REPORT NO.: PsD-137-05 PAGE 5 2.4 Implementation 2.4.1 Three channels of the Brookhill Tributary are proposed to be restored. These are the East Branch, Main Branch and West Branch Diversion Channel as they display evidence of aquatic habitat and fishery resources. The West Branch Diversion Channel connects the East Branch to the Main Branch, east of Green Road. Restoration will include riparian plantings that will improve stream shading and contribute to bank stability. The design of the stream works will be undertaken for the entire stream and the works shall be completed prior to development. 2.4.2 Erosion control/stabilization works are required at the confluence of the Brookhill TriblJtary and Bowmanville Creek and along the Bowmanville Valley in proximity to Luverme Court. The erosion control works at the confluence of the Brookhill Tributary and Bowmanville Creek shall be performed before upstream development is approved. Stabilization of the erosion occurring in proximity to Luverme Court is recommended to be undertaken before contributing upstream development (east of Bowmanville Creek) is approved. 2.4.3 The study recommends phasing of works. For instance, as the stream rehabilitation works and the erosion control works will determine stable slopes and floodplain limits, the design and construction of these works are required before draft plan approval is issued so that the upstream development limits can be finalized. Also required before draft plan approval will be; hydraulic modelling, flood line mapping, and finalization of development limits taking into account corridor and habitat buffers, an overall detailed stormwater management plan, and an EIS (if needed). At the subdivision approval and site plan approval stage, a detailed stormwater management report will be required, design of major-minor systems and design of lot-level infiltration measures, tree preservation plans, grading plans, and erosion and sediment control plans will also be required. 2.4.4 Monitoring is an important component of the implementation of the subwatershed study as it will measure the effectiveness of implementation of the recommendations of the study and indicate whether or not changes to the subwatershed plan are needed to ensure that the objectives are being met. It is recommended that the functioning of the stormwater facilities be monitored, the erosion control works be monitored, and stream restoration and fisheries be monitored. Monitoring of the stormwater facilities will be conducted and funded by the developers. Annual monitoring reports shall be submitted to the Municipality prior to Clarington assuming responsibility for the facility. The erosion monitoring program will be overseen by CLOCA and Clarington and will be reviewed every 5-10 years. Monitoring of the stream restoration and fisheries will be overseen by CLOCA and Clarington with results being provided to DFO. Monitoring will continue for 5 years, unless otherwise determined by DFO. 2.4.5 As a result of the study recommendations, amendments to the Clarington Official Plan are required. These amendments are predominantly mapping changes reflecting the findings of the natural heritage inventory. Specifically, the plan needs to be revised to reflect the Maple Grove Provincially Significant Wetland Complex, refinements to the delineation of the Bowmanville Creek Valley and Brookhill Tributary, the identification of REPORT NO.: PsD-137-05 PAGE 6 2.4.6 3.0 3.1 3.2 3.3 wildlife corridors and the removal of the stream channels west of Green Road. These amendments will be undertaken in the context of the Brookhill Neighbourhood Secondary Plan. It is anticipated that the approximate cost of implementing the study will be 8.5 million dollars. Funding for implementation of the subwatershed study will be covered by the upstream developers. Some erosion control works in Bowmanville Creek Valley (in proximity to Luverme Court) will be the responsibility of upstream developers of lands east of Bowmar;wille Creek. The Municipality will be responsible for managing the cost sharing agreement for the stream rehabilitation works and erosion control works. PUBLIC INPUT;, ~- Two Public Information Centres were held. The first P.I.C. was held in November 2003 to present the findings of Phase 1 - Existing Conditions. A second p.l.e. was held to present the draft final Subwatershed Report in September 2005. At each P.I.C., the consultant presented the findings to date followed by questions from the public. There were between 30-40 people at both P.I.C.s. Many of the public expressed similar comments and questions including: when will development occur; what type of development can be expected; and what happens if my well water is impacted? Questions were also raised regarding potential of development within the setback areas and what the environmental impact study process entails. One resident felt that the tributary was not worthy of protection and that it should be piped. Residents were told that the Official Plan designates the lands as urban residential and that applications for residential plans of subdivision have been submitted on some of the land within the study area. Residents were advised that the Region has a well interference policy whereby potable water will be restored to a home owner if it can be shown that development has directly impacted the quality/quantity of their well. The environmental impact study process was explained and residents were advised that an EIS will determine if development may occur within a setback area;n what type of development would be appropriate and whether any mitigation would be needed. Comments on the draft final Subwatershed Study were received from the developer's consultants. It was felt that the requirement for erosion/stabilization works and stream rehabilitation works should not be funded by the benefiting developers and should not be a requirement prior to subdivision approval. The East Branch, Main Branch and West Branch Diversion Channel have been identified as possessing aquatic habitat and fishery resources. Restoration and rehabilitation of these branches will improve aquatic, fishery and terrestrial resources, provide corridor linkages, improve temperature and morphologic characteristics and create a stable channel form. The improvements to the channels will also provide an opportunity to refine the floodplain limits and address grade modifications that may improve serviceability of the lands, directly benefiting the landowners. It is recommended that the restoration of the stream be planned, designed and completed prior to or in conjunction with any upstream urban development. It is important that this work be completed in it's entirety prior to future urban development as REPORT NO.: PsD-137-05 PAGE 7 it will establish many standards for future development including flood lines and setbacks. Funding for the rehabilitation of the channels shall be paid 100% by the developers. It was also questioned why restore the West Branch Diversion Channel just east of Green Road. This channel exhibits aquatic habitat and fishery resources, drains approximately 100 hectares, and will enhance the open space network. As such, it is recommended that this portion of the channel be restored. 3.4 The Region of Durham Works Department commented on the draft final Subwatershed Study expressing concern with the potential increase in Regional Storm water levels at Regional Road 57. It was clarified with the Region that the frequency of flooding at Regi)nal Road 57 will not increase for the more frequent storm events as upstream development will provide stormwater management facilities to control flows to pre- development rates up to and including the 100 year storm event. With the future construction of a new collector road (extension of Stevens Road) at Regional Road 57 just north of the Regional Police Station, the opportunity exists to review the feasibility/necessity of increasing the capacity of the culvert structure at that time. Until then, it is recommended that prior to upstream development, the capacity of the culvert be increased and the funding for this improvement would be shared by upstream developers. 4.0 CONCLUSIONS 4.1 The completion of the subwatershed study provides the foundation and framework for undertaking the Secondary Plan. This study has identified those lands that shall be protected, sets out where additional studies may be needed, established the need and general location for wildlife corridors that will connect the Bowmanville Creek Valley with the Maple Grove Wetland Complex, and lastly provides a management plan for stormwater. 4.2 This subwatershed study has been received by the Public and is supported by the steering committee. All comments made on the draft final report have been addressed by the consultant. Municipality Staff support the findings and 'recommendations of the study. It is recommended that the Final Brookhill Subwatershed Study be adopted as the basis for subwatershed management and development within the study area. Attachments: Attachment 1 - Brookhill Neighbourhood Subwatershed Study Area Attachment 2 - Brookhill Tributary Attachment 3 - Executive Summary of the Brookhill Neighbourhood Subwatershed Study Attachment 4 - Recommended Subwatershed Management Plan REPORT NO.: PsD-137-05 PAGE 8 Interested parties to be notified of Council and Committee's decision: Tom Veljanovski Peter Feddema Mr. & Mrs. Lazotasevski Mr. Jose Neto Ted Watson Matt Barrese Louis Balogh George Milosh Stefan Neshevich Charlie Mason Peter Stoddart Brian Catherwood Mike Mayko Gary & Joanna English Jim Geddes Joe Vanderheyden Don Sudsbury Sr. Don Sudsbury Jr. Robert Stevens Derek Baird Mark Koenig Ms. Roslyn Houser Mr. Robert Howe Vanstone Mill Inc. Mike Linden Ken Peters Irwin Hamilton Jim Mercer Bruce Fischer Peter Smith Cora Tonno Thorsten Koseck Rick Tranquatta Phil Lack Attachment #1 To Report PSD-137-05 I I 20 I 19 18 17 16 14 I 13 12 I I I I I I NASH \ROAD CONCE~SION AD 3 I 0 I <( I 0 0 a::: I <( w I 0 --I I 0 a::: 0 <( 0 C'\JI 0 w "'" a::: > ~ I 0 2\ ~ a::: 01 '-' 0 ~I :r: w --I WI n.. <( .- 0\ ~ w 51 w a::: 01 .- (f) I I \ I I BLOORI ST. 'f"'"" BROOKHILL SUBWATERSHED AND NEIGHBOURHOOD Study Limits - - - Brookhill Neighbourhood -. - Subwatershed Boundary H:}~:~:~:~:~:~:~:}}~I Urban Residential Area 1::::::::::::::::/ Future Urban Residential Area ~ Environmental Protection Area Attachment #2 To Report PSD-137-05 CICI ",,8w ""...::c -....)- ::C!15C1 ill: 0"-:) OIllC"- o::clt. a::c:l1II 11I_:) ~. IS z W c:I W "" I I I. 1111111 1111 i o iil 8 CIa iii ... ""!I!o 't': ..; ::!.lE ... . ::ca::U C') ill:W- ! 0..-8 :l0!:!:"" 1Ila::..0 ii: 1II!a:: .~ ::c Iii "" C U . ~ Attachment #: To Report PSD-137-0! EXECUTIVE SUMMARY The Municipality ofClarington, together with the Central Lake Ontario Conservation Authority (CLOCA) have undertaken a Subwatershed Planning Study for the "Brookhill Neighbourhood". The study goal was defmed as: "development of a management plan which is designed to allow environmentally responsible resource management and municipal planning decisions to be made as land use changes occur within the subwatershed." The study included four general phases: Establish existing environmental conditions; Evaluate alternative subwatershed management strategies; Select a recommended Subwatershed Plan; and Develop an implementation plan. Phase I - Establish Existing Environmental Conditions The existing environmental resources within the study area were defmed in order to identify key features and functions, to establish baseline conditions for the assessment of potential impacts from future urban development, and to identify development constraints and potential future opportunities. A summary of the key environmental features and functions to be considered is provided below: The geology ofthe study area is highly variable, with areas of thick sand and gravel at the northern limits, to areas of clay and till in the central and southern portions of the study area. Given its function as both a drinking water aquifer, and contributor of basetlow to regional coldwater streams such as Bowmanville Creek, the recharge potential ofthe sand and gravel ofthe Iroquois Beach feature in the northwest portion of the study area should be protected from future urban development. The sand plains within the central portion of the study area also act as a drinking water aquifer. It is therefore recommended that stormwater management planning for future development incorporate infiltration measures to maintain the existing, moderate rates of groundwater recharge, and the existing groundwater quality. S.l . The hydrologic response of the Brookhill Tributary was assessed for existing and ultimate landuse scenarios. Future flood controls are necessary to prevent significant increases in peak flow rates within the watercourse. Flood controls are not required for lands draining directly to Bowmanville Creek, however. For lands along Highway No.2 draining to West Side Creek, flood control is provided within downstream stormwater ponds, however, future commercial developments will require on-site flood controls to meet existing storm sewer capacities. . The Regulatory floodplain limits of the Brookhill Tributary and of Bowmanville Creek were identified as constraints to future development. It is noted that recent grading works near the diversion channel and remnant channel may have remove the remnant channel from the Regulatory storm floodplain in this area. . Given the existing fish communities of the Brookhill Tributary (warmwater) and of Bowmanville Creek (coldwater), future urban development within the study area should incorporate "Levell" or "enhanced" water quality controls, including measures to control runoff temperature. Lower suspended solids loadings would also be expected with erosion control/stabilization works on Bowmanville Creek and the Brookhill Tributary. . The existing stream morphology ofthe watercourses were characterized. The Brookhill Tributary is relatively stable within its upstream reaches, with erosion and instability increasing in the downstream reaches towards the confluence with Bowmanville Creek. Due to the failure of Vanstone Dam, various adjustments, particularly downcutting/incision, have been occurring at the confluence. As such, future urban development should include erosion controls so that natural rates of erosion are not exacerbated. Further rehabilitation/stabilization opportunities were also identified. The existing fish communities ofthe study area include a warmwater community within the Main Branch ofthe Brookhill Tributary and a coldwater community in Bowmanville Creek. Stream reaches of the Brookhill Tributary to the east of Green Road were identified for protection as they either contribute to, or provide downstream fish habitat. S.2 Aquatic habitat buffers/setbacks for Bowmanville Creek and the Brookhill Tributary were established as 30 metres, and 15 metres (both sides), respectively. Stormwater management requirements, in terms of water quality controls and erosion controls were also identified for future urban development. Other potential opportunities to improve fish habitat were also identified, including stream rehabilitation/stabilization works, baseflow enhancement, and improved riparian cover, The existing terrestrial features within the study area were inventoried and classified. Class 1 features, including the Maple Grove wetland, the headwater communities of the BrookhiIl Tributary and the Bowmanville Creek valley communities, were identified for protection. These forests are among the highest quality in the study area, covering an extensive area, and represent potentially significant habitat for breeding birds. Other features, including a thicket swamp, plantations, and features within the Brookhill Tributary were defined as Class 2 features. Some level of development may be permitted to alter the size and physical form of a Class 2 area, provided that ecological functions are protected and maintained. An environmental impact study (ElS) is recommended for alterations to these features and for lands within 50 metres of Class 1 features, and within 120 metres of the Maple Grove PSW. Class 3 features represent preservation opportunities. · The environmental corridors of the Brookhill Tributary and Bowmanville Creek were identified as constraints to future development. These lands encompass erosion hazard lands (i.e. meander belts, erosion and slope stability allowances), aquatic buffers/setbacks, valley features, and an additional 5 metre setback for valley access. Phase 2 - Evaluate Alternative Subwatershed Management Strategies Subwatershed goals and objectives were defined for the various environmental resources within the study area and alternative best management practices (BMP's) to meet these objectives were reviewed. Based on the potential BMP's, a set of four alternative management strategies were formulated for evaluation and discussion. Several measures which are common within all four strategies including: S.3 . no development within the Lake Iroquois Beach; no development within the floodplain or stream/environmental corridors as defmed by: · erosion/slope stability hazards (confmed reaches); · meander belt width (unconfined reaches); aquatic habitat buffers/setbacks; · top-of bank; rilUnicipal environmentaVaccess setback. on-site flood controls for developments draining to West Side Creek; Levell water quality control, including temperature controls; preservation of existing groundwater recharge rates; erosion/stabilization works to mitigate on-going erosion at identified sites, improve bank stability, and remove a barrier to fish migration at the mouth ofthe BrookhiII Tributary; stream rehabilitation to create more stable instream habitat conditions within the BrookhiII Tributary, including the removal of existing pipe/tile drainage to restore a riffle-pool morphology, and riparian planting to improve stream shading and contribute to bank stability; protection of Class 1 terrestrial features including the Maple Grove provincially significant wetland (PSW), and woodlots within the BowmanviIIe Creek valley and BrookhiII Tributary corridor; assessment of Class 2 areas with future Environmental Impact Studies (ElS's); establishing wildlife corridor linkages between the Maple Grove wetland complex and the BowmanviIIe Creek valley at the following locations: · the future Longworth Avenue extension (min. width 60 to 100m); · the south side of Nash Road (min.. width 100m); and along the BrookhiII Creek stream/environmental corridor. . . . . . . . . Alternative Strategy No.1 In general, this strategy is characterized by traditional stormwater management practices. In addition to the measures listed above which are common to all of the alternative strategies, the components of this strategy include the following: SA . basic lot-level source controls to maintain groundwater recharge; stormwater management ponds for water quality control; stormwater management ponds for erosion control; stormwater management ponds for flood (quantity) control (Brookhill Tributary only). Alternative Strategv No.2 This strategy is very similar to Strategy No.1 in that stormwater management ponds would be used to provide erosion control and flood (quantity) controls. However, this strategy would employ centralized infiltration facilities such as exfiltration systems and/or infiltration basins to provide both groundwater recharge and water quality control. The use of such infiltration measures would result in moderately smaller stormwater ponds due to the reduced volume requirements. Alternative Strategv No.3 This strategy is similar to Strategy No.2 in that centralized infiltration facilities such as exfiltration systems and/or infiltration basins would be used to provide both groundwater recharge and water quality control. However, this strategy is intended to significantly reduce the storage requirements for future stormwater management ponds. To do so, the goals of groundwater recharge protection, surface water quality protection, and erosion control would be integrated using enhanced infiltration targets for the centralized infiltration facilities. This would significantly reduce the erosion control storage requirements within future stormwater management ponds. Further, the Regional Road 57 culvert structure would be replaced in order to forego flood (quantity) control requirements within the Brookhill Tributary. Alternative Strategy No.4 The intent of this strategy would be to enhance the existing aquatic habitat conditions and , eliminate the need for stormwater ponds. This strategy consists ofthe following measures: proVISIon of enhanced infiltration measures for water quality control, groundwater recharge and base flow enhancement, and to reduce future runoff volumes and erosion stresses; stream restoration within the Brookhill Tributary to create a riftle-pool stream morphology S.5 . capable of conveying the flow regime associated with the future urban setting and provides aquatic habitat enhancement features; and replacement ofthe Regional Road 57 culvert structure in order to forego flood (quantity) control requirements within the Brookhill Tributary and to remove a barrier to fish migration. Provided that cUinstruction of these measures would result in a stream corridor with sufficient capacity to accommodate the future flow regime, stormwater management ponds (i.e. for erosion and flood control) would not be required with Strategy No.4. Phase 3 - Select A Recommended Subwatershed Plan Following a Public Information Centre and a series of meetings between Municipal staff, CLOCA staff, local residents, and representatives ofthe development community, alternative Strategy No. 4 was initially selected to form the proposed Subwatershed Management Plan. However, subsequent geotechnical investigations on behalf of the landowners groups recommended that centralized infiltration facilities not be used for stormwater management. This recommendation was due in part to low permeability and percolation rates in some parts ofthe study area, and also due to the fact that sandy soils which were suitable for infiltration were found to be localized in nature and sometimes underlain with less permeable soils. Therefore, Alternative Strategy No.1, which does not include the use of centralized infiltration facilities, was selected to form the Recommended Subwatershed Plan. Phase 4 - Develop an Implementation Plan Implementation of the Recommended Subwatershed Plan will require the combined efforts of landowners, developers, the Municipality, the Conservation Authority, and public/special interest groups. Implementation considerations for the Subwatershed Management Plan were reviewed with respect to the following: S.6 · future study requirements, including stormwater management plans, environmental impact studies, environmental assessments, hydraulics and floodplain mapping, and tree preservation plans; · prioritization/phasing considerations, including inter-dependancies of several components of the Subwatershed Plan, and the necessary works to be completed: first, at a broad draft plan level; and subsequently, at the more detailed subdivision/site plan level. costs estimates for various components of the Subwatershed Plan, and funding responsibilities between the Municipality and development community, including those which may require cost-sharing agreements; · approval requirements for the various studies and works recommended in the Subwatershed Plan; and recommendations with respect to future monitoring requirements, including: stormwater facility monitoring; · erosion monitoring; and · stream restoration and fisheries monitoring.h S.? . ~ fit I I I I t Ii 11!l /II- I IJ I::!~:! mil I' '" '" J. !. 1 i ,.' 1i ! I 11,1 II ~ I ~ II ! Illl ~! I ,~ ;~ iih! ~'II I II I C III :I: ItI ~ ~~ eft!! i;l u.~ f u III III: CC ...011I ...0:1: i:l:l> lIl::lII:lIIc ogt-:) ~:I:;ln 1lI!e1ll III:) Ziti CI g rft .. 0: Cl~illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November21,200S Report #: PSD-139 -05 File #: ZBA 2005-040 By-law #: Subject: REZONING TO PERMIT 2 SINGLE DETACHED DWELLINGS APPLICANT: LESLIE CHATHAM RECOMMENDA TIONs: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-139-05 be received; 2. THAT the rezoning application submitted by Leslie Chatham be APPROVED and that the attached zoning by-law amendment be adopted by Council; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: n~~~ Reviewed by: U Franklin Wu, Chief Administrative Officer vi . Crome, M.C.I.P., R.P.P. Director of Planning Services BH/CP/DJC/sh/df November 15,2005 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-139-05 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Leslie Chatham 1.2 Rezoning: from "Urban Residential Type One Exception (R1-33)" and "Environmental Protection (EP)" to permit the construction of two single detached dwellings on the parcel. 1.3 Location: Part Lot 28, Concession 2, south side of Monroe Street, Former Village of N~wcastle. 2.0 BACKGROUND 2.1 In 1991 the Durham Region Non-Profit Housing were successful in rezoning the subject property to permit the construction of one semi-detached dwelling with a total of two units. The dwellings were to be used as a group home for developmentally handicapped persons and included a 24 hour support care staff. Each unit was to have five bedrooms (10 total). This facility was never constructed and the property has remained vacant. 2.2 On August 22, 2005, Leslie Chatham submitted an application to rezone the subject property to permit the existing property to be severed to allow the construction of two single detached dwellings. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the Monroe Street frontage. Council held a public meeting on October 24th, 2005. No one spoke in opposition to the proposal. 3.2 As of the writing of this report, no comments have been received with respect to the application. 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 The rectangular shaped parcel, approximately 0.125 hectares, is located on the south side of Monroe Street, east of Mill Street. The property is serviced by municipal water and sanitary systems. The property is currently vacant, sloping from north to south. A tributary to the Foster Creek traverses the southern limits of the site, hence the EP zoning. REPORT NO.: PsD-139-05 PAGE 3 4.2 Surrounding Uses: West: North: East: South: Residential Light Industrial (Co-op) Residential Tributary and residential 4.3 The surrounding residential areas mainly consist of single detached dwellings with minimum frontages of 18 metres. 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application, the application was circulated to a limited number of agencies. Clarington Engineering, Clarington Building Department, Regional Planning Department, and the Regional Works Department had no objection to the proposed zoning amendment. As of the writing of this report, no comments have been received from Veridian Connections and it is assumed they have no objection. 5.2 The Ganaraska Region Conservation Authority has no objection to the rezoning of the subject property but requests that all lands below the elevation of 100.6 metres above sea level and/or within 15 metres of the edge of the watercourse be placed under a protective zoning that would prohibit the construction of buildings or structures of any kind. There may be restrictions on the size of structures once all setbacks are accounted for. Staff has reviewed this condition and discussed the impacts of zoning the required lands "Environmental Protection (EP)" with the applicant. 6.0 PROVINCIAL POLICY STATEMENT 6.1 Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" the Provincial Policy Statement. The Provincial Policy Statement states that Settlement Areas shall be the focus of growth. The existing infrastructure has sufficient capacity to accommodate this infill development. However, development shall generally be directed outside of areas which are impacted by flooding hazards. REPORT NO.: PsD-139-05 PAGE 4 7.0 OFFICIAL PLAN CONFORMITY 7.1 The Durham Region Official Plan designates the property Living Area. This proposal can be considered infill development and will intensify the existing neighbourhood, and is therefore consistent with the intent of this plan. 7.2 The Clarington Official Plan designates the subject property Urban Residential Area. The predominant use of lands designated Urban Residential Area within each neighbourhood shall be for housing purposes. This application is consistent with the intent of this pl2ln. 8.0 ZONING BY-lI1.W CONFORMITY 8.1 The property is zoned Urban Residential Exception (R1-33) and Environmental Protection (EP). The R1-33 zone only permits a semi-detached dwelling, hence the subject application. 9.0 STAFF COMMENTS 9.1 In 1984 the Zoning By-Law, of the Former Town of Newcastle originally zoned the. subject property and surrounding residential areas "Urban Residential Type One Exception (R1-1)" which permitted only single detached dwellings with a lot area of 650 square metres and frontage of 18 metres. The property was rezoned in 1991 to permit a semi-detached dwelling to accommodate a group home and 24 hour care for developmentally handicapped people. This facility was never constructed. 9.2 The surrounding residential neighbourhoods are still zoned "Urban Residential Type One Exception (R1-1)". This proposal would allow the subject property to be developed in a way which would maintain the character of the adjacent area. 9.3 The Conservation Authority recommends a 15 metre setback from the watercourse which prohibits the construction of buildings or structures, placement or removal of fill or the removal of vegetation. The existing Environmental Protection Zone (EP) will be enlarged to include the entire flood plain as recommended by GRCA. In accordance with the existing zone provisions a 3 metre buffer or a no build area from the Environmental Protection area will be applied. 9.4 In 2000 the Municipality received the Foster Creek Sub-Watershed Study. The water course traversing the southern part of this lot is within the watershed. Rezoning of the property to keep the entire flood plain within the EP Zone is consistent with the recommendations of the study. 9.5 The applicant proposes to construct the first house on the east half of the property (parts 4 & 5 of plan 40R-20567). The west half of the property (parts 2 & 3 of plan 40R- REPORT NO.: PsD-139-05 PAGE 5 20567) will include a holding symbol which can be removed at the time conditions of a severance have been satisfied. 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the rezoning application approved. Attachmems: Attachment 1 - Key ~.~ap Attachment 2 - Proposed By-law List of interested parties to be advised of Council's decision: Leslie Chatham "W A/lIGLE 1I..0CI< H I-\LLC:I\;IIIIIt:IIL I To Report PsD-139-05 MONROE STREET EAST :r: ~ o z 2214 22 4~ ~1212 o III '" '" "'~---f-I'O I I ENCLOUO --"" W~~ ,r PORCH I f~z ~1'tSTfPI - I I 717 ;T-- _'II02~ a:: PIN 26657 ct lNST a. : :! .!; o -=- .... .~ 5! .. ... ~ ! .... ID t: I- W W 0:: I- en ROW OF '0 N72 15 50 E :e (1'172 'I )0 Er~2)'i o ...fIl ulD ~... ...... ...J ...J ~ . o ~ III 1ft .- t;: 20 ~ ;-;; - CI .. .. ... .J Gl ", III ~ ~ 0 Gl 0 Z 965!S7 (0 a I MUll 14021 ..... ;". ~z I- .Jill -. ""'" tIlo 0.. 0- Z I .... onZ III ..... 01., z! II.. ... .J US 1&4- on ~ 1 I liE AS I o:t 96 lIS2 0 :z: (96591 p.1l i ; (lIUOI P 2 ;;; o ...fIl ~CD .... ~~ .J r_~ on ~1:1 ~ ~ ....0 I, 0 '" o o j (P-II MEAS I 7al& l~ 21 au (p., I MEAl )- ~\ ~ :~~ "'0 o ... ~..J ,,; ~~. l\i I 0 o , , r.- J. ZBA 2005-040 Zoning By-law Amendment Owner: Leslie D. Chatham I-\LLi::t\;IIIIIt:11L , To Report PsD-139-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA 2005-040; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the .\i1unicipality of Clarington enacts as follows: 1. SectiQ.., "12.4.33 URBAN RESIDENTIAL EXCEPTION (R1-33) ZONE" is hereby deleted in its entirety; 2. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Urban Residential Exception (R1-33) Zone" to "Urban Residential Exception (R1-1) Zone", "Holding Urban Residential Exception (H(R1-1)", and "Environmental Protection (EP)" As illustrated on the attached Schedule "A" hereto 3. Attachment "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 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 This is Schedule "A" to By-law 2005- passed this day of , 2005 A.D. , MONROE STREET EAST l~ ~ t2 4~ NT2 1550 E {REFUENCE BURIIOGI MEA$ It SU (12 U' 0 Il ~I 212 13 774 o oP ... "' ..f----'"f-IIO I I ENCLOUO --r~ ~ill" ,r PoRCH I ~;I ~~ I !fa ~~EP$ - I I 7'7 0---"'OZS 0:: PIN 26657 c( INST a.. g: !! 10. a ...al '4011--: N W ....GLE I BLOCK H I--- ., .. ... ;a . I ~ ~ 0 o ~ z ~~ I- ; UJ 'f UJ .. 0:: ! I- (j) ...J ...J ~ II o '" '" .. .- t~ Zo ~ 2214 I- ..J" -. ..... "'0 0.. ~i .... ..z .. "I- ..... !! ... <; N72 15 50 E :e (N72 1"0 Er~21'i w., u. ~.. .... ~\ ~ :~~ 4\jo I o , .. - .. .. - Q I- ..J III '" '" N ~ 0 .. 0 z , I- ..J I- ..J ~ fJ .. ~~ ....~ o I- I:)..J "'; ION 4\j ,0 o "" . ' ~ ~ Zoning Change From IR1-33" To I(H)R1-1" Zoning Change From IR1-33" To IR1-1" Zoning To Remain "EP" ~ John Mutton, Mayor Patti L. Barrie, Municipal Clerk ,) '" Newcastle qw:.mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21 , 2005 Report #: PSD-140-05 File #: 18T -92004 and ZBA 2005-010 By-law #: Subject: APPLICATION FOR PLAN OF SUBDIVISION AND REZONING TO PERMIT 47 RESIDENTIAL UNITS APPLICANT: HOME-LAND DEVELOPMENT GROUP LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-140-05 be received; 2. THAT the application for proposed Draft Plan of Subdivision 18T-92004, as amended and submitted by Home-Land Development Group Limited be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2; 3. THAT the application to amend Zoning By-law 84-63, be APPROVED and that the amending by-law, as per Attachment 3, be forwarded to Council for approval; 4. THAT a By-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement; 5. THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; 6. THAT a copy of this report and Council's decision be forwarded to the Region of Durham Planning Department; and REPORT NO.: PsD-140-05 PAGE 2 7 . THAT all interested parties listed in this report and any delegations be advised of Council's decision. Ovr Submitted by: ~ Da i . Crome, M.C.I.P., R.P.P. Director of Planning Services ./...1) /J fJf. \) Reviewed bL / ^-a----6lY-~~ L1-- Franklin Wu, Chief Administrative Officer BR/DJC/df 15 November 200S 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-140-05 PAGE 3 1.0 BACKGROUND 1.1 Owner: Home-Land Development Group Limited 1.2 Agent: D.G. Biddle & Associates Ltd. 1.3 Plan of Subdivision: Revision to previously submitted Plan of Subdivision (18T- 92004) to permit the development of a 47 unit residential Plan of Subdivision consisting of 33 single detached dwellings and 14 on-street townhouse dwellings. 1.4 Rezoning: From "Agricultural (A) Zone" to appropriate zones to permit the proposed development. 1.5 Area: 2.17 hectares (5.36 acres) 1.6 Location: The area subject to the proposal is located east of Liberty Street (Regional Road 14) in what was the rear yards of 221, 223, 227 and 239 Liberty Street North, Bowmanville and north of the St. Lawrence and Hudson Railway and Swindells Street, in part, Lot 10, Concession 2, former Town of Bowmanville. 2.0 BACKGROUND 2.1 On April 21, 2005, the Planning Services Department received a revised Proposed Draft Plan of Subdivision (revised 18T-92004) and a new rezoning Application (ZBA 2005-010). 2.2 Proposed Draft Plan of Subdivision 18T-92004 was originally submitted to Durham Region on January 24, 1992. The original rezoning application was submitted to the former Town of Newcastle on January 22, 1992. Insufficient progress was made on the application due to a lack of consensus among the various owners resulting in the Municipality closing the rezoning file on November 29, 2000 and recommending closure of the subdivision file. The Region of Durham, being the approval authority at the time for subdivisions, did not close the subdivision file. 2.3 Documentation submitted in support of the subdivision proposal included a Geotechnical Investigation, a Phase 1 Environmental Site Assessment, and an On-street Parking Plan. 2.4 A public meeting for the proposed plan of subdivision and rezoning was held on June 20, 2005. Staff from D.G. Biddle & Associates spoke on behalf of the applicant. He stated that they reviewed the report and had no concerns and that he would work with staff to address concerns with lot sizes. At the subsequent Council Meeting on June 27,2005, a neighbour appeared as a delegation stating concern that the elevation of his property is approximately 10 feet below the property to be developed and that if the grade of the land REPORT NO.: PsD-140-05 PAGE 4 can only be partially lowered, that the house be one storey. He also requested the subdivision plan be amended to include a parkette. These issues are addressed in Section 8.2. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The site is flat, currently vacant and has no significant environmental features. 3.2 The surrounding land uses are as follows: North - South - East West - Low Density Urban Residential Uses t nw Density Urban Residential Uses Medium Density Urban Residential Uses Low Density Urban Residential Uses and beyond, Liberty Street North 4.0 PROVINCIAL POLICY STATEMENT CONFORMITY 4.1 The proposed plan of subdivision is an infill subdivision in a (fully serviced) settlement area and therefore, is land use efficient, consistent with Sections 1.1.3 and 1.6.2. These sections require settlement area land use patterns to efficiently use land, infrastructure and public services facilities. This proposed subdivision makes use of the roads, watermains, sanitary and storm sewers, schools and parks that already exist in the area that surround the proposed subdivision. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Regional Official Plan designates the property as Living Area and both applications conform. 5.2 The property is designated as Urban Residential (Low Density) in the Clarington Official Plan, with a Medium Density Residential symbol, and both applications conform. 6.0 ZONING BY-LAW COMPLIANCE 6.1 Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, zones the property "Agricultural (A)". A rezoning of the site is required to implement the Proposed Draft Plan of Subdivision. 7.0 AGENCY COMMENTS 7.1 The applications were circulated to various agencies and other departments. The following summarizes comments and requested conditions of draft approval received. REPORT NO.: PsD-140-05 PAGE 5 7.2 The Clarington Building Division, Clarington Emergency & Fire Services, the French Separate School Board and Rogers Cable all had no concerns. 7.3 Both the Separate School Board and the Public School Board requested adequate sidewalks be provided. 7.4 With the submission of the Revised Proposed Draft Plan of Subdivision (August 2,2005), the Engineering Services Department has no further concerns provided its 14 conditions of draft plan approval are satisfied. 7.5 Veridian Connections provided detailed comments. Electric service is available on the road;allowances in the property and specifically, servicing will be from Redfern Crescent, Forrester Drive. and Swindells Street. Veridian has no objections to the proposed development. 7.6 Enbridge and Bell have no objections but both have several conditions of draft plan approval. 7.7 The Regional Planning Department noted the revised subdivision plan is permitted by the Durham Region Official Plan. Municipal Services . Municipal water and sanitary service is available from the existing watermain and sanitary sewer on Redfern Crescent at its current northeast terminus and at its current southwest terminus, and from the existing watermain and sanitary sewer on Forrester Drive. Provincial Plan Review Responsibilities . The property is proximate to a tributary of Soper Creek and therefore, has potential for archaeological concerns and will require an archaeological site assessment. . A Phase 1 Environmental Site Assessment has been completed revealing there are no environmental contamination issues and that the property is suitable for the proposed development. . A Noise Impact Study submitted by G.M. Sernas in 1992 was evaluated and noise attenuation measures were found to be acceptable. An addendum to the report is required to make appropriate references to the revised draft plan. Based on the foregoing, the Region has no objection to draft approval of this plan. Eight conditions of draft approval are to be satisfied prior to clearance by the Region for plan registration. 7.8 Central Lake Ontario Conservation has no objections to ZBA 2005-010 and proposed plan of subdivision 18T-92004. Appropriate conditions of draft approval, three in all, are to be satisfied prior to clearance by the Authority for plan registration. REPORT NO.: PsD-140-05 PAGE 6 8.0 STAFF COMMENTS 8.1 The proposed subdivision is an infill subdivision since it is surrounded by urban residential development on all sides. Construction of the subdivision will complete the road pattem for the area. 8.2 The neighbour who appeared at the June 27,2005 Council Meeting resides on the comer of Swindells Street and Redfern Crescent which is abutting where Redfem Crescent will be extended to serve the proposed subdivision. The grade difference of 10 feet he mentioned will I be completely or mostly eliminated since Redfem Crescent will be essentially level and that will include the area abutting the rear yard of his property. The neighbour also spoke about park space for the proposed subdivision. The neighbourhood has its allotme~nf park space in the expanded Longworth Park and the Barlow Parkette. There was never a plan for park space in the proposed subdivision. 8.3 Since the Public Meeting and subsequent Council Meeting of June 27,2005, the proposed plan of subdivision has been modified to address staff concems. There are now 47 dwelling units in total, consisting of 33 single detached dwellings (16 x 10.15 metre frontage; 12 x 10.50 metre frontage; 3 x 15.0+ metre frontage and 2 x 16.0+ metre frontage); and 14 x 7.0 metre frontage townhouse dwellings. Staff is satisfied the subdivision's single detached lot frontages and areas are sufficiently varied, with frontages ranging from 10.15 metres to 16.0 metres or more and lot areas ranging from 288 square metres to 535 square metres. 8.4 The Finance Department advises that the taxes for the whole subject property have been paid in full. 9.0 CONCLUSION 9.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan and Zoning By-law 84-63. The owner has agreed to the conditions of draft approval as contained in Attachment 2. In consideration of the comments contained in this report, staff respectfully recommends the proposed plan of subdivision, as contained in Attachment 1, be APPROVED subject to the conditions of draft approval as contained in Attachment 2; and the Zoning By-law Amendment as contained in Attachment 3 be APPROVED. Attachments: Attachment 1 - Site Location Key Map and Plan of Subdivision Attachment 2 - Conditions of Draft Approval Attachment 3 - Zoning By-law Amendment Interested parties to be notified of Council and Committee's decision: Eric Vahamaki Steven Kay Nancy Gummow Bill Creamer Attachment #1 To Report #PSD-140-QS l~ L \ -~- I tl " . . PJy BowmanvilJe Key Map II ~~-~ CREST ~ o z ZBA 2005-010 Zoning By-law Amendment 18T -92004 Subdivision Plan Owner: Home-Land Development Group Ltd. Attachment 2 To PSD-140-05 CONDITIONS OF DRAFT APPROVAL Plan of Subdivision 18T -92004 Lot 10, Concession 2, former Town of Bowmanville PLAN IDENTIFICATION 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-92004, prepared by D.G. Biddle & Associates Limited, identified as Project Number 105008, dated March, 2005, as revised and dated July 2005, which illustrates 33~lots for single detached dwellings, 3 blocks for 14 townhouse dwellings, 3 blocks to be developed in conjunction with adjacent lands, 1 block to be conveyed to an adjacent owner and roadways. FINAL PLAN REQ~~:=MENTS 2. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 3. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 4. The ApplicanUowner must enter into a subdivision agreement with the Municipality which includes all requirements of the Engineering Services Department regarding the engineering and construction of all internal and external works and services related to this proposal, and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 5. This subdivision must be developed as a single phase. Phasing will not be permitted. 6. The west side of Redfern Crescent must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone and cable television for any future lots that may front onto this street. 7. Prior to the issuance of building permits for the subdivision, the ApplicanUowner must provide for the removal of any existing temporary turning circles situated adjacent to the subject draft plan. The ApplicanUowner must reconstruct any roads containing temporary turning circles to an urban standard, including asphalt paving, curb and gutter, boulevard sod, sidewalks, street lighting and street trees. 8. The Owner shall be 100% responsible for the costs, financial and otherwise, associated with the removal of any existing fence, structures or other items that encroach onto the subject lands. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 9. The Developer is required, as a condition of the development agreement, to make the front end payments to the Municipality for the amounts stated in the front end agreements entered into between the Municipality and: 1. Schickedanz Upper and Lower (Storm Water Management Works) 2. Orchard Park Subdivision (Storm Sewer Oversizing) 3. Mann Street Storm Sewer (Storm Sewer Oversizing) 10. The Applicant/owner will be required to provide appropriate cash contribution in lieu of the normal parkland dedication, in accordance with the provisions of the Planning Act. 11. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time as this program has been approved except as authorized by the Municipality. 12. Prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all water mains and hydrants are fully serviced and the Owner agrees that during construction, fire ~ccess routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of cQmbustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 13. All land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 14. The Owner shall provide the Municipality, at the time of execution of the subdivision agreement unconditional and irrevocable, Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 15. The Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. 16. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 17. The Applicant/owner must meet all the requirements of the Municipality of Clarington, financial or otherwise. 18. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 19. The Owner shall agree to maintain in full service any existing sanitary or water services within the plan which are proposed to be relocated until such time as the new services have been completed and approved by the Region and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 20. Prior to final approval, the Proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Culture an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. 21. The Owner shall agree to submit to the Regional Municipality of Durham, for review and approval, a revised acoustic report or an addendum report prepared by an acoustic engineer on projected traffic volumes provided by the Durham Region Planning Department and recommended noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the area Subdivision Agreement to implement the recommended noise report (Le. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 22. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service thi& ;:';,;in. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 23. Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 24. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 25. The Owner shall agree to convey free and clear of all encumbrances, Block 38 to the owner of the property known as 239 Liberty Street North and identified by Property Tax Assessment Roll Number: 18 17 020 060 06401. 26. The Owner agrees Blocks 37, 39 and 40 cannot be developed until such time they have been melded to adjacent lands beyond the limits of the subdivision proposal and comply with the lot frontage and lot area requirements of the zoning by-law. 27. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, connect the affected party to municipal water supply system. 28. The Owner shall, if necessary, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 29. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan including fencing details, boulevard treatments, community entrance features, signage and lighting to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall meet the minimum design criteria of the Municipality as amended from time to time. 30. The Owner shall adhere to architectural control requirements of the Municipality. 31. Prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques which are in accordance with provincial guidelines; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada Fisheries Act. 32. The Owner"; shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees owing as per the approved Authority Fee Schedule. 33. The Owner shall agree within the subdivision agreement to carry out or cause to carry out the requirements and/or recommendations of those reports outlined in Condition 31. In order to expedite clearance of Condition 33, a copy of the fully executed subdivision agreement should be submitted to the Authority. 34. The Owner must place in all agreements of purchase and sale for lots completely or partially within 300 metres of the St. Lawrence & Hudson Railway right-of-way, warning prospective purchasers or tenants of the existence of the Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations. 35. The Developer is to coordinate the preparation of an overall utility distribution plan to the satisfaction of all affected authorities. 36. The Developer shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. 37. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 38. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality. 39. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Regional Municipality of Durham, how Conditions 3, 18, 19,20,21,22,23 and 24 have been satisfied; b) Central Lake Ontario Conservation Authority, how Conditions 31, 32 and 33 have been satisfied; c) Enbridge Gas, how Conditions 35 and 36 have been satisfied; and d) Bell Canada, how Conditions 37 and 38 have been satisfied. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning ::::.:rvices for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles System within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: c) d) a) Durham Region Planning Department P.O. Box 623 605 Rossland Road East WHITBY, ON L 1 N 6A3 (905) 668-7711 b) Central Lake Ontario Conservation Authority 100 Whiting Avenue OSHAWA, ON L 1 H 3T3. (905) 579-0411 Enbridge Consumers Distribution Area Records Co-ordinator P.O. Box 650 SCARBOROUGH,ON M1K5E3 Enbridge Consumers Distribution Sales Development Co-ordinator 1350 Thornton Road South OSHAWA, ON L 1J 8C4 (905) 436-7012 1-800-265-6164 ext.7012 Bell Canada Right of Way Floor 3 1 00 Borough Drive SCARBOROUGH,ON M1P4W2 (416) 296-6291 Attachment 3 To PSD-140-05 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2005-010; NOW THERI::i;0RE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Agricultural (A) Zone" to "Holding-Urban Residential Type One ((H)R1) Zone"; "Agricultural (A) Zone" to "Holding-Urban Residential Type Two ((H)R2) Zone"; "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-30) Zone"; "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R2-41) Zone"; and "Agricultural (A) Zone" to "Holding-Urban Residential Exception ((H)R3-20) Zone". 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. 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, Clerk This is Schedule "A" to By-law 2005- passed this day of . 2005 A.D. , I :c l- I- W w 0::: - I- en en -oJ - -oJ ~~ W Cl 0::: Z w ~ CD en -oJ l:::~*:((::*~~::(:~~ Zoning Change From "A" To "(H)R1" ................ ~ Zoning Change From "A" To "(H)R2" ~ Zoning Change From "A" To "(H)R2-30" ~ Zoning Change From "A" To "(H)R2-41" ~ Zoning Change From "A" To "(H)R3-20" John Mutton. Mayor Patti L. Barrie. Municipal Clerk 1Jt11~ J I Cl~.n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 21, 200S Resolution #: Report #: EGD-42-05 File #: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2005. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-42-05 be received for information. Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services ~~ """ ) t {) 11 Reviewed by: ( ),~.. /'<..- ~-----c'-^--TI/,,- Franklin Wu Chief Administrative Officer ASC*RP*bb November 9, 200S CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 REPORT NO.: EGD-42-05 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of September 2005, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF YEAR TO YEAR TO % CHANGE SEPTEMBER 2005 DATE 2005 DATE 2004 OF VALUE YTD 05-04 Permits Issued 104 940 1137 -17.3o/c VALUE OF CONSTRUCTION Residential $18,661,619 $119,684,497 $138,016,205 -13.3% Industrial $800,00C $34,333,600 $2,551,267 1245.7% Government $0 $333,500 $4,025,000 -91.7o/c Commercial $2,862,000 $12,467,241 $8,787,359 41.9o/c Institutional $430,764 $786,364 $20,387,505 -96.101c !Agricultural $( $3,737,757 $1,224,402 205.3o/c n-OTAL $22,754,383 $171,342,959 $174,991,738 -2.1o/c The following is a historical comparison of the building permits issued for the month of "SEPTEMBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of "September" $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 EI value Historical Data ''YEAR TO DATE" $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 E1value REPORT NO.: EGD-42-05 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "SEPTEMBER" and "YEAR TO DATE". Dwelling Unit Type "SEPTEMBER 2005" Dwelling Unit Type ''YEAR TO DATE 2005" 93 Apartment 49 13% Townhouse 7% 22 Semi- Detached 20% 52 Single Detached 47% 254 Semi- Detached 37% 297 Single Detached 43% . Single Detached 52 ~ Semi-Detached 22 [J Townhouse 0 E!!l Apartment 36 . Single Detached 297 IS! Semi-Detached 254 [I Townhouse 49 1m Apartment 93 1.2 With respect to building permit activities (over $250,000) and large residential building permit activities, the details are provided as follows: APPLICANT CONsTR TYPE LOCATION VALUE pt of Newcastle Marina Condominium 75 Shipway Avenue $3,042,000 First Capital Realty Inc A & P Rebuild 243 King Street $2,400,000 Christian Horizons Group Home 2802 Highway #2 $415,764 First Capital Realty Inc Alt Shoppers Drug 243 King Street $450,000 Ontario Power Generation Alt Info Centre 2151 South Service Rd $650,000 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building Permit ATTACHMENT , i TO .-- ~ n -Jl!;!. (t C REPORT # /~ (- . "'-.) MONTH OF SEPTEMBER 2005 2004 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 92 $18,661,619 116 $14,114,807 Industrial 2 $800,000 2 $576,698 Government 0 $0 0 $0 Commercial 4 $2,862,000 8 $714,515 Institutional 2 $430,764 4 $253,980 Agricultrual 0 $0 1 $20,000 Demolition 4 $0 6 $0 TOTAL 104 $22,754,383 137 $15,680,000 YEAR TO DATE 2005 2004 BUILDING CATEGORY NUMBER OF VALUE OF NUMBER OF VALUE OF PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 841 $119,684,497 1017 $138,016,205 Industrial 11 $34,333,600 14 $2,551,267 Government 6 $333,500 4 $4,025,000 Commercial 39 $12,467,241 44 $8,787,359 Institutional 8 $786,364 15 $20,387,505 AQricultrual 15 $3,737,757 24 $1,224,402 Demolition 20 $0 19 $0 TOTAL 940 $171,342,959 1137 $174,991,738 September 2005 PERMIT FEES 2005 September Year to Date $166,647 $991,074 2004 September Year to Date $106,528 $1,162,081 Building Inspections Plumbing Inspections I 2005 September Year to Date 795 6524 559 5049 1354 11573 TOTALS 2004 September Year to Date 907 6537 844 4884 '1751 11421 Single Detached Semi-Detached Townhouse Apartments 2005 September Year to Date 52 297 22 254 o 49 36 93 110 693 TOTALS 2004 September Year to Date 34 362 44 344 o 85 o 17 78 808 YEAR: 2005 AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 month) Bowmanville 250 587 468 345 312 188 184 313 423 217 229 Courtice 200 173 180 133 129 231 296 254 295 331 170 Newcastle 198 191 123 131 76 110 78 4 5 3 Wilmot Creek 15 25 29 38 24 19 21 33 21 16 16 Orono 1 2 1 1 1 Darlington 12 15 13 17 47 102 31 14 20 17 21 Clarke 9 10 16 15 9 17 17 12 20 10 7 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 2 5 7 6 3 7 3 Hampton 3 1 1 1 2 1 2 2 1 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchells Corners 1 Newtonville 3 5 3 3 3 1 2 2 Solina 3 3 3 1 1 Tyrone 3 9 3 TOTALS 693 1015 843 701 609 679 640 636 801 601 447 CflJl-mgton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday November 21, 2005 Report #: EGD-43-05 File #: By-law #: Subject: . 20 KING STREET EAST FACADE AND TRANSIT SHELTER -~ ,. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-43-05 be received; 2. THAT the fa<;ade and transit shelter as recommended for 20 King Street East, estimated at $400,000, be conceptually approved, that $100,000 of funding be committed from the Clarington Transit Reserve Fund and the remaining $300,000 of the required funding be considered in the Municipality's 2006 Capital Budget; 3. THAT the design development of the fa<;ade and transit shelter be reviewed and refined with the input of the Bowmanville BIA, LACAC and other stakeholders; and 4. THAT all interested parties listed for this report and any delegations be advised of Council's decision. Respectfully by, Submitted by: W~ Reviewed bYO,~ ~~ _ A.S. Cannella, C.E.T. Franklin Wu Director of Engineering Services Chief Administrative Officer ASC/jo November 15, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-9282 REPORT NO.: EGD-43-05 PAGE 2 1.0 BACKGROUND 1.1 The concept of developing some form of fayade along the street frontage of 20 King Street East has been a long standing goal of the community. First conceived in the early 1990's after the CAUSE study, the concept of a fayade that would fill the gap created in the street wall and provide a community gathering and focal point has been reiterated in a number of studies including the recently approved Bowmanville Community Improvement Plan. , 1.2 The Munici~;ality had developed the parking lot at 20 King Street East as part of an earlier parking plan to address the immediate needs of the downtown businesses. The parking lot plan did consider the future streetscape improvements identified for this location in the CAUSE Report with the provision of water servicing and electrical ducts as well as orienting the parking lot to minimize the impact of the future streetscape improvements on the parking lot operation. 1.3 Essentially the fayade and transit shelter is intended as an infill to the former street and would be consistent with the architecture in the downtown core. It would provide for an active street life and shelter for the transit patrons. 2.0 DESCRIPTION OF THE PROPOSED FACADE AND TRANSIT SHELTER 2.1 The fayade and transit shelter would be a structural component in keeping with the pedestrian scale of the downtown. The exact location of the fayade is still to be determined but it is anticipated to be situated within the existing flower bed along the front of 20 King Street as shown on Attachment 1. The function of the parking lot would continue, although some of the parking spaces may have to be reoriented. The function of the fayade would be to provide a transit shelter and seating area for both Clarington Transit and GO Transit users. Currently the site is rather inhospitable for transit patrons especially during inclimate weather. 2.2 The original design concept for the fayade was developed by J.R. Freethy, Architect for the Bowmanville BIA, as a result of the CAUSE study. The design concept included in the Bowmanville CIP has been created using the historical REPORT NO.: EGD-43-05 PAGE 3 photos of the King Street and more accurately portrays the actual visual look of the street from the early 1900's. Both concepts are provided on Attachment 2. From an architectural, historical and cultural perspective the development of the fayade, using true historical references rather than borrowed imagery will reinforce the historic downtown. 2.3 The fayade can be developed over time and can also include a number of other features such as interpretative panels and displays, community message board and also provide a public gathering function. " 2.4 At this point the structural feasibility of the fayade has been determined and a preliminary cost has been developed. The determination of the actual design and elements to be included will be discussed and refined with the Bowmanville BIA, LACAC and other stakeholders. 3.0 FUNDING OF THE FACADE AND TRANSIT SHELTER 3.1 In order to move forward with this project a review of the structural feasibility and preliminary estimated costs for the fayade and transit shelter had to be determined. The Municipality requested that Totten Sims Hubicki Associates (TSH) review the concept plans prepared by municipal staff to determine if the fayade and transit shelter are structurally feasible and to provide a preliminary cost estimate for the structural and architectural components of the fayade concepts. TSH determined that the concepts are feasible and provided the following preliminary cost estimates for the fayade and transit shelter: Structural Components - Caissons, columns and beams Architectural Components - Bricks, windows, streetscape TOTAL $225,000 $175.000 $400,000 3.2 As previously mentioned above, part of the fayade will provide a transit shelter function and based on the preliminary cost estimate developed for this work the transit shelter represents approximately 25% of the overall project cost. The costs for the transit shelter portion of the fayade are based on the additional structural requirements associated with providing the shelter overhang, REPORT NO.: EGD-43-05 PAGE 4 "enhanced" architectural features and other streetscape features associated with the development of the fayade and transit shelter. Based on the estimate provided approximately $100,000 of the estimated project costs are associated with the transit shelter portion of the work and as such it is suggested that funding for this portion of the work be provided from the Clarington Transit Reserve Fund. 3.3 The funding of the remainder of the fayade costs will be addressed through the , 2006 Capital Budget process for Council's consideration. 4.0 CONCLUSION 4.1 Based on the preliminary structural analysis carried out by TSH, it is possible to construct a fayade that can incorporate a transit shelter, public seating and other community features. It is respectfully recommended that the proposed cost estimate and funding be referred to the 2006 Capital Budget process and that $100,000 be committed from the Clarington Transit Reserve Fund. 4.2 The proposed fayade needs further refinement and as such input from LACAC, Bowmanville BIA and other stakeholders should be sought. Attachments: Attachment 1 - Approximate location of fayade and transit shelter Attachment 2 - Copies of the conceptual plans for the fayade and transit shelter Interested parties to be notified of Council's decision: Bowmanville BIA LACAC ATTACHMENT NO.: 1 REPORT NO.: EGD-43-05 FACADE AND TRANSIT SHELTER LOCATION ....! RESlAlIl.\WT <. .~,<M,. AGADE ANI?T~~~!!, SHELTER LOCATION \ a-EINITEM BTMJIWIT JlA-BlP'IY .-CUFR.MST CURlERS JI/.-Itf,!I. lllCAVA1lON ~ ,NIl. --- -- --- -L /_..,~,;Jl'< <j I KING STREET EAST I I ATTACHMENT NO.: 2 REPORT NO.: EGD-43-05 20 KING STREET FACADE AND TRANSIT SHELTER CONCEPTS , I "". .4r , j j', t'.. ':, .~. !'p:}:'.:,- "'<,", , . ." ..;,~ . . . ' ,~ .dl,:., ~."'.:'.',..~....' .i ...,,' ".'. .. ~'''' ~.: ~ "'\, '.' il ' :-:t~ '~. '.' J kt-. .f1 . ~. 'I .... '. ~'."". .. .. ~ ; "~, STAFF CONCEPT - LOOKING WEST ON KING STREET EAST i ..' I'i~\\ " l~~- - '- - ,;i-Ate-::: \" ,'--________ '. ,...~Y. ':""~ 'I ~ .~ . ....J =. , /1 / STAFF CONCEPT - SECTION VIEW LOOKING EAST STAFF CONCEPT - LOOKING NORTH FROM SOUTH SIDE OF KING STREET ( .,.. .".1. J.R. FREETHY CONCEf'T - LOOKING NORTH FROM SOUTH SIDE OF KING STREET EAST Cl~-!llgron REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 21, 2005 Resolution #: Report #: CSD-16-0S File#: By-law #: Subject: HIGH FIVE QUALITY ASSURANCE PROGRAM Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-16-05 be received for information. eph P. Caruana Director of Community Services , ) /J ----/ { )"A....~.:G.J_..I</--:.. l07... Reviewed b~ '- Franklin Wu Chief Administrative Officer JPC/BT/SC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 REPORT NO.: CsD-16-05 PAGE 2 1.0 BACKGROUND 1.1 High Five is a program developed and delivered through Parks and Recreation Ontario (PRO). It has been designed as a quality assurance program to support the safety, well being and healthy development of children 6-12 years of age in sport and recreation. 2.0 COMMENTS 2.1 Community Services Department staff has met with representatives of High Five and have reviewed the program content. Staff feel the mandate of the program will provide staff with the necessary tools to provide age-appropriate recreational and leisure programs as well as offer residents assurances they are receiving quality program value. As such, the Community Services Department applied for membership in the PRO High Five program and will initiate implementation of the PRO High Five Program this fall. 2.2 High Five is committed to assisting children along the path of healthy development through: . Developing and maintaining a high level of knowledge and expertise in child development among recreation and sport practitioners . Assisting parents with making informed choices . Providing practitioners with the tools for enhancing and maintaining a high level of quality 2.3 The program is based on the premise that a child's development is best supported when they are in a program that provides them with: . A caring leader . The opportunity to play . Encouragement to make friends . Skill development . Participation All delivered in an environment which is safe, diverse and unique and developmentally appropriate. REPORT NO.: CsD-16-05 PAGE 3 2.4 Evidence has shown that participation in the High Five Program has numerous benefits including: . I ncreased customer satisfaction . Improved staff morale and retention . Enhanced revenue generation through increased registration . Access to training opportunities for part time and full time staff 2.5 The High Fi\(e program will be introduced to staff through the following implementation strategy: . In late September, High Five trainers conducted a four hour Implpr"'\(~ntation Workshop for senior Community Services staff to provide an overview and understanding of the program and to discuss common barriers and opportunities in implementing the program. . All part time recreation program staff will be encouraged to complete "The Principles of Healthy Childhood Development" workshop. This is a seven hour workshop which is designed specifically for front line staff. The completion of this workshop will become a prerequisite for employment for all part time recreation program staff effective in the summer of 2006. This certification prerequisite would be similar to certification prerequisites presently required for Aquatic and Fitness part time staff and would ensure an enhanced level of customer service for our clients. To accommodate this, the workshop would be offered to incumbent staff early in the new year and another workshop would be offered in the spring for potential new summer staff. 2.6 The Aquatic staff from across Durham Region have initiated discussions with the Red Cross Society to have High Five specific training phased in through the revised Red Cross Instructor Certification. 2.7 When the program is fully implemented the Community Services Department will have High Five certified staff delivering youth programs in all facets of recreation and leisure programming. ClwigglOn REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 21,2005 Report #: CLD-043-05 File #: By-law #: Subject: ORDER TO RESTRAIN - APPEAL HEARING PROCESS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-043-05 be received; 2. THAT the powers of Council to hold a hearing to determine whether or not to exempt the owner of a dog in whole or in part from the Order to Restrain, and the powers to render a ruling on such an appeal, be delegated to the Manager of Municipal Law Enforcement, as per section 105(3) of the Municipal Act, 8.0.2001, c.25; 3. THAT the by-law attached to Report CLD-043-05, as Attachment 1, to Appoint a Manager of Municipal Law Enforcement, to repeal By-law 91-158, and to appointment the Manager of Municipal Law Enforcement as an Animal Control Officer forthe purpose of hearing Appeals relating to Orders to Restrain, be forwarded to Council for Approval; 4. THAT the by-law attached to Report CLD-043-05 as Attachement 2, delegating Council's authority to hold a hearing respecting appeals to Order to Restrain to the Manager of Municipal Law Enforcement, and amending By-law 95-55 and By-law 99-90, be forwarded to Council for Approval; and -------- THAT all inter~sled p rties be notified of Council's decision, FORTHWITH. / ()AO-~----: ~ Reviewed by: Franklin Wu, Chief Administrative Officer 5. Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-043-05 PAGE 2 BACKGROUND AND COMMENT By-law 99-90, as amended, is commonly referred to as the Responsible Pet Ownership By-law and was enacted by Council in accordance with Sections 103 and 105 of the Municipal Act (the Act). Section 5.1 of the By-law, requires the Animal Service Officer to issue an "Order to Restrain" where they are satisfied that a dog has placed a person or domestic animal at risk of physical ha:m or where a dog has bitten or attacked a person or domestic animal. Section 5.3 gives the owner of the dog the right to appeal the "Order to Restrain" and apply for a hearing by Council to determine if the "Order to Restrain" should be revoked in whole or in part. Hearings respecting appeals to "Orders to Restrain" are often very emotional and upsetting for all parties having an interest in the hearing. Currently these hearings are conducted in an open meeting of Council with Council ruling on the appeal. Addressing Council on such a sensitive subject, in the Chambers, and with the media present can be very challenging and uncomfortable for the parties of the appeal. The potential for the hearing to be televised can further add stress to the situation. Section 105.3 of the Act, grants Council the authority to delegate its powers, to conduct a hearing and to rule on an appeal, to a committee of Councilor to an animal control officer of the municipality. Staff contacted several municipalities to research methods of conducting hearings and to seek input regarding the success and shortcomings of the various processes. Many municipalities do not rely on Sections 105 of the Act, but instead rely on the Courts to issue Orders under the Dog Owner's Liability Act. Staff findings indicate that the municipalities who do rely on Section 104 of the Municipal Act, have implemented varying methods for conducting hearings including the following: . Appeals heard by all members of Council during a regular Council Meeting. . Appeals heard by a Committee of Council (comprised only of members of Council) at a special scheduled Hearing. REPORT NO.: CLD-043-05 PAGE 3 . Appeals heard by an "Appeals Committee" (comprised only of residents appointed by Council) at a special scheduled Hearing. It's worth noting that in some municipalities, these committee members are paid for their services. . Appeals heard by a Manager. Consideration of Options 1. Status Quo - As mentioned earlier in this report, our current process for conducting hearings meets our legislative obligations, but it presents a situation whereby individuals who are often upset and emotionally charged are required to speak in a formal and high profile venue. For these reasons, this is not a preferred option. 2. Sub-Committee of Council - Council could appoint a Committee comprised only of Members of Council (a sub-committee of Council if you will) to conduct the hearings. To implement this option Council would be required to pass a by-law to amend the Responsible Pet Ownership By-law (99-90) and to amend the Procedural By-law (By-law 95-55) establishing an Order to Restrain Appeal Committee. Council would then be required to appoint the members of Council to sit on this Appeal Committee. This option is not the preferred option as it places the Members of Council in a position whereby they are perceived as passing judgement on our residents of Clarington. 3. Appointment of an Animal Control Officer - Our Animal Control Officers are the staff members who are in fact issuing the Order to Restrain. To appoint one of their peers to conduct a hearing of an Appeal would place the officers in a conflicting and compromising position. For this reason, this option is not preferred. 4. Appointment of Manager of Municipal Law Enforcement - The Manager of Municipal Law Enforcement is a member of staff who has been appointed by Council to enforce the by-laws of the Municipality of Clarington. In this capacity, this Manager portrays a professional and unbiased position, demonstrates sound judgement based on facts and the law, and respects the balance of the scales of justice. The Manager of Municipal Law Enforcement does not directly work with the Animal Control Officers or animal control matters REPORT NO.: CLD-043-05 PAGE 4 in the course of his regular duties and therefore conducting hearings and ruling on appeals should not present any conflict. It is recommended that Council delegate its authority to conduct hearings and to rule on appeals, as per section 105 of the Municipal Act, to the Manager of Municipal Law Enforcement, and that staff take the necessary steps to establish a procedure which is open, fair and within the rules of the Statutory Powers Procedures Act for the purposes of conducting hearings respecting Orders issued under By-law 99-90, as amended., "", The Solicitor for the Municipality has reviewed and concurs with this recommended delegation of authority. Note, the draft by-law (Attachment 2 to this report) appointing Len Creamer as the Manager of Municipal Law Enforcement repeals By-law 91-158 for housekeeping purposes, rather than amending it to add the new delegated authority. By-law 91-158 appointed Len Creamer as a Senior Municipal Law Enforcement Officer and since the passing of this By-law, the position title has changed to Manager of Municipal Law Enforcement. Therefore, the proposed draft by-law updates the position title, delegates Council's authority respecting hearings relating to Orders To Restrain, and appoints Len Creamer as an Animal Control Officer for the purposes of conducting the hearings. Interested parties to be advised of Council's decision: Animal Advisory Committee Attachment 1 - By-law delegate Council's authority to conduct an appeal hearing to the Manager of Municipal Law Enforcement. Attachment 2 - By-law to and to amend the Responsible Pet Owners By-law (By-law 99-90) ATl'ACfl"."T " i TO REpr Ci..() l)~/3().~. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a by-law to appoint a Manager of Municipal Law Enforcement, to delegate Council's authority to conduct hearings and to rule on appeals, as per section 104 of the Municipal Act, and to repeal By-law 91-158. WHEREAS Section 20 of The Police Services Act, R.S.O. 1990, c.P15, Section 15(1), authorizes a Council of any Municipality to appoint one or more by-law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Leonard Donald Creamer as Manager of Municipal Law Enforcement by by-law for the purposes of enforcing the by-laws of the Municipality of Clarington; and WHEREAS Section 5 of By-law 99-90 grants the authority for the Animal Services Officer to issue an Order to Restrain under certain circumstances, to the owner of a dog; and WHEREAS Section 105(1) of the Municipal Act, requires Council, upon request of the owner of the dog, to hold a hearing to determine whether or not to exempt an owner in whole or in part from the requirements detailed in an Order to Restrain; and WHEREAS Section 105(3) of the Municipal Act, grants the municipality the authority to delegate Council's powers under section 105 to an animal control officer of the municipality; NOW THEREFORE BE IT ENACTED: 1. THAT Leonard Donald Creamer is hereby appointed as Manager of Municipal Law Enforcement for the purpose of exercising all the powers and performing all the duties of a municipal law enforcement officer in the enforcement of the by-laws of the Municipality of Clarington; 2. THAT the powers of Council to hold a hearing to detBrmine whether or not to exempt the owner of the dog in whole or in part ':rom the Order to Restrain, and the powers to render a ruling on such an appeal, are hereby delegated to the Manager of Municipal Law Enforcement; 3. THAT the Manager of Municipal Law Enforcement Officer is hereby appointed as an Animal Control Officer for the purpose of hearing Appeals relating to Orders to Restrain issued under By-law 99-90, as amended; and 4. THAT By-law 91-158 is hereby repealed. By-law read a first and second time this 28th day of November 2005. By-law read a third time and finally passed this 28th day of November 2005. John Mutton. Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a by-law to amend By-law 99-90, a by-law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS By-law 2005- ??? delegates Council's powers to hold a hearing to determine whether or not to exempt the owner in whole or in part from the Order to Restrain, and the powers to render a ruling on such an appeal, to the Manager of Municipal Law Enforcement. NOW THEREFORE BE IT ENACTED: THAT By-law 99-90, as amended, be further amended as follows: 1. THAT Sections 5.3 and 5.4 be amended to replace "Council" with "Manager of Municipal Law Enforcement". By-law read a first and second time this 28th day of November 2005. By-law read a third time and finally passed this 28th day of November 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk CJM.-!!lgtOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 21, 2005 Report #: COD-061-05 File # By-law # Subject: CL2005-42, REHABILITATION OF SAND DOME (FORMER) WASTE TRANSFER STATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-061-05 be received; 2. THAT Braunstein, Braunstein Construction Ltd, Toronto, Ontario with a total bid in the amount of $236,250.00 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-42, be awarded the contract for the Rehabilitation of Sand Dome (former) Waste Transfer Station, as required by the Operations Department; 3. THAT the total funds required in the amount of $217,850.00 $236,250.00 tender + $21,000.00 consulting, less $39,400.00 Waste Management Corporation Contribution) be financed as follows: 1) $175,173.19 from Development Charges, 2) $24,820.00 from 2004 Operations Department Capital Budget, 3) $19,590.00 from 2005 Operations Department Capital Budget 4. THAT Waste Management Corporation be invoiced for a total of $39,400.00 for which they have agreed to pay; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the ne....c;.e,ssary agreement be approved; FORTHWITH. Submitted bY~lvt5'c, --- . Reviewed bY() ~-~ Marie Marano, H.B.Sc., C.M. . Franklin Wu, Di or of Corpora Servo 5 Chief Administrative Officer W; REPORT NO.: COD-061-05 PAGE 2 BACKGROUND AND COMMENT Requests for Tenders were publicly advertised and issued with bids being submitted as per Schedule "B" attached. Funding is to be provided as indicated in recommendations #3 of this report. 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. Although the subject firm have not performed work for the Municipality in the past, they have provided satisfactory service for similar work for the City of Toronto. Waste Management Corporation have agreed to pay for a portion of the repairs amounting to $39,400.00 and will be invoiced accordingly. Due to the pending winter weather conditions, a forthwith approval is requested. Attachments: #1 By-law #2 Schedule B Bid Summary CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 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 Braunstein, Braunstein Construction Ltd, Toronto, Ontario to enter into agreement to enter into agreement for the Rehabilitation of Sand Dome (former) Waste Transfer Station 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, Braunstein Braunstein Construction Ltd, Toronto, 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 Cl~-mgron Municipality of Clarington SCHEDULE "B" BID SUMMARY Tender CL2005-42, REHABILITATION OF SAND DOME (FORMER) WASTE TRANSFER STATION Braunstein, Braunstein Construction Ltd. Toronto, ON Gilmore & Associates Inc. Oakville. ON Storage Systems Construction Corp. Erin, ON $236,250.00 $297,350.00 $339,134.00 Cl!l!.-iIJgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 21, 2005 Report #: COD-062-05 File#_ By-law # Subject: CL2005-41, DIVISION STREET RECONSTRUCTION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-062-05 be received; 2. THAT Ron Robinson Limited, Bowmanville, Ontario with a revised total bid in the amount of $343,644.09 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-41, be awarded the contract for the Division Street Reconstruction as required by the Engineering Department; 3. THAT funds required in the amount of $280,000.00 ($369,324.09 tender plus contingencies, consulting and soils, credit of $25,680.00 for delayed construction, less Region of Durham's portion) be drawn from Engineering 2005 Capital Budget Account # 110-32-330-83266-7401; and THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. /! Submitted by: ~~ - ne Marano, H.B.So., C.M.a. Direct of Corporate ervic /./ 4. Reviewed bQ~---G01t Franklin Wu, Chief Administrative Officer ahcy Tayl r, . . . Direc;nr~ A.S. Cannella, C.E.T. Director of Engineering Services MM/NT/AC/LB/km REPORT NO.: COD-062-o5 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Division Street Reconstruction, as required by the Engineering Department and are shown in the map below. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B". The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the 2005 Capital Budget Account # 110-32-330-83266-7401 and are within the total approved budget allocation of $300,000.00. The contract includes works as required by the Region of Durham for which they will be invoiced accordingly. The low bidder has previously performed satisfactory work for the Municipality of Clarington. REPORT NO.: COD-062-GS PAGE 3 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 Division Street Reconstruction. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(90S)623-3379 F (905)623-4169 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 Division Street Reconstruction. 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 NUV-lb-Ub IUt Ul :Ub rn I::iH lJUJjUUl'<li l'AX NO. P. 05 SCHEDULE "B" II till Totten Sims Hubicki Associatp.s 513 Division Street, Cobourg, Ontario, Canada K9A 5G6 (905) 372.2121 Fax; (905) 372-3621 E-mail: cOboLJrg@tsh,ca www.tsh.co engineers architects planners November 15, 2005 M.~. Lou Alln llirkctt, CPP, AMCT Purchasing Manager Corporation of the Municipality of Claringlon 40 Temperance Street I30WMANVILLE, Ontario. Lie 3A6 Dear Ms. Birkett: Rc: l>ivision Street Reconstruction, Contract No. CL2005-41, MUrllcll)ality of Cia ring ton Tenders foJ' the above project were opened at the Municipal Offices on Tuesday, September 20, 2005 at 2:00:00 p.m. ^ list of the bids received is provided in the T.3blc below. All nUlllbers arc cx.clusive of OST. - .. "-- -. . BIDDER TOTAL BID Credit if complction is extendcd to June 30, 2006, as per Addendum No. 1 ..-....'" .. .'H_" . Miwcl Construction Limited $357,117.22* $3,800.00 Sloul'[vitle, ON .,~ '..... Ron Robinson Limitcu $369,324.09 $25,680.00 L3owmanville, O}~" . --- Mar-King COJl~truction Company Ltd. $385,750.02 NIL Conco!~l, ON . - ,.,- ...--...-- Aloia nros. Concrete Comr~elors Ltd. $424,616.85 NIL J))rOnlo, ON ... .- -~. B.N. Fenton Construction Ltd. $457,083.00 $25,000.00 COllrtice, ON " .,.... .~ ,I.... ,. .. Extension Error ^s part of the bid process bidders wcre asked to include a credit amount for completion of the work in the spring or 2006. If the bid~ rc(;~ived are evalualed b<1sed on the credit amount, the bid received from Ron Robinson Limited is low. It is recommended that th~ bid from Ron Robin~on, based on a spring 2006 constrllction $lart)be accepted. Acceptance of this hid will result in a lower cost to the MLlllicipulity and reduces lhe potentinl for extnl work claims resulting from inclement fall w~ather. J{on Robinson l.imitt.:d's tendcr has been reviewed and is in order. They ha.ve completed numerous projects ror the Municipality of CI<lrington in recent years including Concession Street a.nd Cenlre Street Reconstruction and Variow; StOnll Sewers 2004. Thcs!: contracts were completed in a sutisfilclory NOV-lb-Ub lUr: Ul:Ub PM l~H GOI:JUUl<li I'AX NU, p, 06 SCHEDULE "B" M~. LOll Ann 13il'kett, CPP, AMCT Nnvcml)cI' IS, 2005 2 manner. In 2005 th~y were awaTd~d bOlh the I lul1t Street and Sctlgog Street projects, Roth these projecls have pl'ogrc:)s~d wdl and are nearing completion. They have also carried out projects for other municipalilies in the area including the Region of Durham. All conlacts contacted, assessed Ron Robinson Limited's performance to bu ~atisfactory. Deposil cheques or bid bonds shall be retained for the low and second low bids until the Con Inlet has been executed. Enclosed is a cost apportionment relative to the low bid Tl:ceived from Ron Robinson Limited. The Claringlon portion of the project is estimated to be approximately $20,000 under budget. Thc project was not originally included in the Region of Durham's budget but they have since found savings from other projects and have confirmed that they now have funding in place for their portion of the work. Should you require any furlher information, please contact the undersigned. Yours lruly. C;,jL j'JI~ WilHam McCral.l, P.Eng. 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CJ) ~l 0 II 0 il1 0 .. z S t;~ 0 ~ ~ .i ~ 'f 0 ~s '8 8 0 &%J t: .: :I b ~ .. ~ c J 0 III ~g "'N III I ~ ii t:I) U II: g . ;i .a 8 '0 '" u 0 ::l ~ ::l ~ 0( u CJ) eN u~ 0 en u I- 0 .. 3 '" , j I I ~ ~ ~ 8 ~ '5 Ql o Cl c: '6 :3 ~ ]l E :J 15 III C :0 o ~ '" o 0:: >- OJ -0 ~ ~ =:! lJ) 12 OJ :- 5 -l ... a U. ~~ ~~ 00 ~~ ~~ <t;g tl c: 88 ~ en o ~ :J ~ w .I!J III o (.) ~ Cl~pn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 21st, 2005 Report #: COD-063-05 File#_ By-law # Subject: TENDER CL2005-40, WESTMORE STREET AND JANE AVENUE RECONSTRUCTION, COURTICE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-063-05 be received; 2. THAT Switz-Con Construction Services Ltd., Cobourg, Ontario with a total bid in the amount of $818,302.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-40, be awarded the contract for the Westmore Street and Jane Avenue Reconstruction, Courtice, as required by the Engineering Department; 3. THAT the total funds required in the amount of $795,000.00 ($818,302.00 tender plus consulting, contingencies, utilities and Net G.S.T. less Region of Durham portion) be drawn as follows: a) $400,000.00 from the 2005 Engineering Department Capital Budget Account # 110-32-330-83270-7401; (as identified on page 193), ' b) $200,000.00 from the 2005 Engineering Department Capital Budget Account # 110-32-330-83269-7401; (as identified on page 191), c) $171,138.00 from the development charge - roads and related reserve fund; d) $23,862.00 from the municipal works reserve fund; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. Submitted by: a~ arie Marano, H.B.Sc., C.M.O. Dire of Corporate rvice /) ReVieWedbY;{ )~)~~\, '""'Franklin Wu, Chief Administrative Officer A.S. Cannella, C.E.T. Director of Engineering Services MM\LAB\NT\AC\km REPORT NO.: COD-063-05 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for the Westmore Street and Jane Avenue Reconstruction within the Municipality of Clarington, as required by the Engineering Department, and as shown on the map below. I - I U ~.;, ,.- - . " t, ~ 0" r I - .' I 8 , j I'-I,r-9$m m,q." SIIINIhIIlM d ~" . . . t ~ !t I ~ ..) I ~ ~ &I I_- 51. r-t II I ! t s: J f Ii I , I ,_OURTlCE II 1\ I III J.... t""... I ; I , I Subsequently, tenders were advertised and received as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims Hubicki Associates, marked Schedule "B" and will be provided from the accounts specified in the recommendations of this report. As per the letter, the total project cost is $195,000.00 over the budgeted amount of $600,000.00. It is therefore recommended that the additional funds in the amounts of $171,138.00 and $23,862.00 be drawn from the development charge roads and related reserve fund and the municipal works reserve fund respectively. The reason for the differences in the original budgeted amount and the actual total project cost is outlined in Schedule "B", REPORT NO.: COO-063-05 PAGE 3 The low bidder has previously performed similar 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, Switz-Con Construction Services Ltd., Cobourg, Ontario, be recommended for the contract of Westmore Street and Jane Avenue Reconstruction, Courtice. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 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 Switz-Con Construction Services Ltd., Cobourg, Ontario, to enter into agreement for the Westmore Street and Jane Avenue Reconstruction, Courtice 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 with the Corporation Seal, a contract between, Switz-Con Construction Services Ltd., Cobourg, 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 NOV-15-05 TUE 01:03 PM TSH COBOURG FAX NO, p, 02 II 11M SCHEDULE "8" Totten Sims Hubicki Associates 513 Division Street, Cobourg, Ontario. Canada K9A 5G6 (905) 372-2121 Fax: (90~) 372-3021 E.mail: coboLJrg@tsh.ca WWW.tsll.ca engineers architects planners November 15, 2005 Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager CorpOnltion of the Municipality of CIa ring ton 40 Temperance Street nOWMANVILLE, Ontario. Lie 3A6 Dear Ms. Oirkctt: I~c: Westmorc Street & Jane Avenue RL"Construction, Courtice Contract No. CL200S-40. Municipality of Chlrington TendcI'l'i for the above project were opened at the Municipal Offices on Wcdncs<.iay, September 21, 2005 at 2:00:00 p.m. A list ofthe bids received is provided 11} the wbl<:: below. All numbers arc exclusive of GST. 'H_ DJDDER TOTAL BID Credit as per Addendum No.1 '...".. --, Switz-Con Constrllction Services $818,302.00 NIL I .t.d. Cobotlr~., ON " .. . Boyle Excavation Limited, $864,417.30 NlT, .Bowl1lanvillc. ON .- --- Mar-King Construction $890,886.90 NIL CQ.!}g,2rd, ON .......-- - ..- B. N. fcntoll Construction Ltd. $933,485.50 $25,000.00 Courti2.e., ON ~, .- - Aloia Bros. Concrete Contractors $974,657.97 NIL J2~9_nto, ON .'.- Ron Robinson Ltd. $1,000,887.56 $70,000.00 T3owmanvi1l~l.9N --... -. .-..... M i we 1 Construction Ltd_ $1,018,057.51 $69,017.00 Gormley, ON " 'OM' .- - Thl.: low bidder.s tender has been reviewed and is in order. Switz.Con Construction Servicl:s Ltd. has completed severa 1 projecls for the Municipality of Clarington, Durham Region, and local developers in recent years including the reconstTllction of Preston vale Road in 2003. All references contacted, a~sessed Swit/,-Con Construction Services performance to be satisfactory. we therefore recommend that Swilz-Con NOV-15-05 'rUE 01:04 PM TSH COBOURG FAX NO. p, 03 SCHEDULE "B" M<" LOll Ann Birkett, (,PP. AMCT Nuycmbcl' IS, 2005 2 Construction Services Bid be accepted. Contract deposit cheques or bid bonds should be retained for lhl;: low and ~econd low bids urllilthe Contract has been execlIlcd. Enclosed is a cost summary apportioning costs between the various project components based on the low bid n:cdved from Swj,~.Con Construction ServlCCS. Clarington project costs for Wcstmore Street and Jane A venue arc estimated to be $170,000 and $25,000 over budget respectivcJy. The reason for this is lhat the figures used to estimate pl'Oject costs were from benchmark eost values from the 1999 development charge study. These figures did not <lccuratcly reflect the extent ofwol'k required once a detailed dcsib'll was prepClred based on specific site conditions. The storm sewcr system required to dmin the area was considerably more extensive, in terms of both depth and number of connections, than the systcm priced as part of the benchmark costing process. In addition poor local soil conditions have added to tbe cost ofurbani:.dng the roadway. Additional funds in the amollnt of $171,138 for the growth relaled component of the project can be obtained ti'om the (kvelopment charge - roads and related reserve fund. Thl.: municipal works reserve fund can be used to obtain additional funds in the amO\ll1t of $23, 862 for the non growth portion oCthe projcct OVCITun. The contract included provisions for a fall 2005 or spring 2006 construction start. In order to avoid potential extra work claims resulting from inclement fall weather and 10 coordinate the work with adjaccllt subdivision devt:Jopment, it is recommended that the option of a spring 2006 construction start be accepted. Should YOllrcquire any further infonnation, please contact th(;l undersigned. Yours truly I ~~j4f~ William McCrae, }).Eng. Senior Project Enginecr WMc/ym pnIJ4.l"/l/( '1IIfl,."!.IVICJuJ",r OWlIll1 ("1.200S-40.11oc: Enel. pc: Mr. A. S. Cannella, C.E.T., Oircclor, Engineering Services, Municipality of CIa ring ton IIH " * ~ ~ ~ e ~ i ~ :!: s- VO 'd ~ lJl ~ 0 (n g' 0 "'0 t:/c ~ 0 "C c: 0 c: ~ .Ut 0 oj,t 0 ~ g, i :J r:r ~ N= ~ n 1CI l:!: ~ ., 0'" ....=:1 ~ 0 .. f = ... =If O!, ... s:: So .... 1CI a ! 0 .2llii ~ 2 = )>- 8, !. 0 ~~ C'> .. ~ 3 fIl ~ l:!: Z 0 ~ i ~ in ~CIl 0 " " \J 0 c lJl c i I i ~ III !. ::I ~ 8. = I CD ~ ~ !~ ::l. 0 ... ., 0 tl:l )> 0 CD ! 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CD 0 ....::1 ;;a;ij Cl) CD nCI:I o -. :::s 0 /11 :J 2S, n c a.c o 3- ~ III 03 o c d: n CD ~ I m g r- m . lD a ~~00800 HS1 ~d vO:IO 301 90-91-AON ~n REPORT ADMINISTRATION Meeting: General Purpose and Administration Committee Date: Monday, November 21,2005 Report #: ADM-06-05 File #: By-law #: Subject: NEWCASTLE BRANCH LIBRARY PROJECT PLANNING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADM-06-05 be received for informatiorl. and 2. THAT a copy of Report ADM-06-05 be provided to the Library Board for its information. u ~(~ J()L,\- Submitted by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5717 REPORT NO.: ADM-06-0S PAGE 2 1. BACKGROUND 1.1 In October 2005, the Clarington Library Board endorsed the Consultant's recommendation to replace the existing branch library with a stand alone building of approximately 10,000 sq. ft. library at the Memorial Park site in Newcastle. The Board subsequently recommended to council for approval of the Newcastle Library Project. 1.2 Council ;::l~ its meeting held on October 24, 2005, approved the project in principle and referred the matter to staff. Although no specific direction was provided, it does imply that staff needs to work out the details in order to bring the project forward for Council's approval. 1.3 The approval for land acquisition, construction, or addition to any library facility is vested under the authority of the municipal council as set out in the Public Library Act. As a result, the Municipality will assume the responsibility to move the Newcastle Library Project forward. This approach is similar to the construction of the Bowmanville Main Branch Library a few years back. 2. PURPOSE The purposes of this report are to: a) Inform Council of the need to undertake a project planning work phrase that is required before the project can be approved for construction. b) Identify the key project planning components including the consideration of the composition of the project team, scoping of technical requirements, identification of funding sources, assessing potential risks, and determining a time table leading to project construction. REPORT NO.: ADM-06-0S PAGE 3 3. PROJECT PLANNING FRAMEWORK 3.1 Project Planning Team The CAD will assume the role of the Project Team Leader whose primary responsibilities include coordinating the works of all the team members and to keep council informed from time to time of the progress of the project. In the event the project team identifies major risk or obstacle that may jeopardize the project, the CAO will report to council to seek direction. Other team members include the Library Director (Library liaison), Assistant Director of Community Services (Construction), Planning Development Review Manager (site planning), Engineering Manager (site servicing), Park Manager (park design), and Director of Finance (funding). Other municipal staff such as the Purchasing Manager (Architect selection), IT manager (IT requirements), and the Municipal Clerk (accessibility) will be brought in from time to time to assist the project team. 3.2 Project Scoping for Technical Matters . Site servicing investigation inclusive of the availability and capacity of the existing sanitary sewer, storm sewer, and water supply. . Site planning requirements such as access, landscaping and neighboring properties impact consideration . Integration of library building layout in consideration with the utilization of the balance of Memorial Park . Integration of accessibility access and IT requirement in early planning stage . Review and recommend architectural services. 3.3 Project Scoping for Financial Consideration . Capital funding sources identification inclusive of development charges, reserve funds, and other sources REPORT NO.: ADM-06-0S PAGE 4 · Operating cost implication · Financial risk and unforeseen obstacles 3.4 Time line for Deliverable · Develop detail project schedules and work breakdown . Identify major milestones W;J ....' · Estimating time required to complete the entire project planning life cycle which ends when the project is ready for construction tender 4. CONCLUSION Once all the works of the project planning team is completed, a recommendation will be brought forward to council for a decision. If the decision is to move forward, the project will proceed forward to tender for construction. A project construction team will then be assembled to ensure the library will be built in accordance to approved drawing, on time and on budget. Staff will endeavor to inform both Council and the Library Board from time to time as to the progress of the Project Planning Team.