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Home My WebLink About12/05/2005 Cln!..i!Jgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: . DECEMBER 5, 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 21, 2005 301 4.(a) PRESENTATION No Presentations (b) DELEGATION No Delegations 5. PUBLIC MEETINGS (a) Application to Amend the Zoning By-Law 84-63 501 Applicant: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge Report: PSD-141-05 . (b) Application to Amend the Zoning By-Law 84-63 503 Applicant: Penwest Development Corporation Report: PSD-142-05 6. PLANNING SERVICES DEPARTMENT (a) PSD-141-05 - Rezoning to Permit the Severance of the Existing Manse 601 From Newtonville United Church Owner: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge (b) PSD-142-05 - Zoning By-law Amendment to Permit the Redevelopment 607 Of Two Properties with 14 Single Detached Dwellings Applicant: Penwest Development Corporation CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 G.P. & A. Agenda - 2 - December 5, 2005 (c) PSD-143-05 - Monitoring of the Decisions of the Committee of 613 Adjustment for the Meeting of November 17, 2005 (d) PSD-144-05 - Proposed Zoning By-law Amendment To Permit A 621 Self-Serve Car Wash Applicant: Moolco Investments Incorporated (e) PSD-145-05 - Application For Removal of Part Lot Control 630 . Owner: Maple Woods Land Corporation (f) PSD-146-05 - Port Darlington Waterfront Park - Conceptual Master 636 Plan Designation of Wetland as Provincially Significant (g) PSD-147-05 - Withdrawal of Appeal to Draft Plan of Subdivision 650 (h) PSD-148-05 - Proposed Official Plan Amendment, Zoning 653 By-law Amendment and Plan of Subdivision to Permit 389 Residential Units, a Park Block and an Elementary School Block Applicant: Wed Investments Limited (The Kaitlin Group Ltd.) 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-046-05 - Monthly Report on Building Permit Activity for October, 2005 701 (b) EGD-047-05 - Pedestrian Concerns - Tooley Road, Courtice 706 8. OPERATIONS DEPARTMENT No Reports 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-017-05 - Donation - Public Access Defibrillator 1001 (b) CSD-018-05 - Municipality of Clarington's Participation in the Summer 1004 Jobs Service Program G.P. & A. Agenda -3- December 5, 2005 11. CLERK'S DEPARTMENT (a) CLD-044-05 - Animal Services Assistant Agreement - City of Pickering 1101 (b) CLD-045-05 - Appointment of Parking Enforcement Officers 1115 (c) CLD-046-05 - Parking Enforcement During Christmas Shutdown 1126 12. CORPORATE SERVICES DEPARTMENT (a) COD-064-05 - Information Report - Hybrid Vehicles 1201 (b) COD-uo6-05 - Tender CL2005-43, Alexander Boulevard Retaining 1211 Wall and Soper Court Staircase Repair, Bowmanville (c) COD-067-05 - Co-Operative Tender T-257A-2005, Domestic Fuel 1217 Oil 13. FINANCE DEPARTMENT (a) FND-019-05 - Appointment of Audit Review Group 1301 (b) FND-020-05 - 2004 Audit Management Letter Comments and Recommendations 1303 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 17. ADJOURNMENT I I I I I I I I I I I I I I I I I I I Cla.c,' ,-,WgIm General Purpose and Administration Committee Minutes November 21, 2005 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, November 21, 2005 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Emergency Services, G. Weir Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of FinancefTreasurer, N. Taylor Deputy Clerk, A. Greentree Clerk II, C. Tennisco 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-436-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on November 14, 2005, be approved. CARRIED - 1 . 301 -2. Minutes I November 21,2005 I I I I I I I I I I I I I I I I I I 302 General Purpose and Administration Committee DELEGATION Glenn Genge, Planning Manager, D.G. Biddle and Associates Ltd., addressed the Committee in regards to the Application for Plan of Subdivision and Rezoning to Permit 47 Residential Units by Home-Land Developments Group Ltd. - Report PSD-140-05. Mr. Genge stated he has worked closely with Municipal staff and has no concerns or issues. Councillor Schell chaired this portion of the meeting. Resolution #GPA-437-05 Moved by Mayor Mutton, seconded by Councillor Robinson THAT the order of the Agenda be altered to conduct the Public Meeting in regards to the Application to Amend the Zoning By-law 84-63 and Approval of Draft Plan of Subdivision, Report PSD-135-05. CARRIED PUBLIC MEETING (b) Subject: Application to Amend the Zoning By-law 84-63 and Approval of Draft Plan of Subdivision The Municipality of Clarington PSD-135-05 Applicant: Report: Carlo Pellarin, Manager of Development Review, gave a verbal report pertaining to Report PSD-135-05. No one spoke in support of or in opposition to Report PSD-135-05. Mayor Mutton chaired this portion of the meeting. PRESENTATION Doug Moffatt, Chair, The Durham Regional Police Services Board, along with Inspector Bill Temple, Durham Regional Police Service, introduced Veron White, as the new Chief of Police. Chief White replaced the former Chief McAlpine. Vernon White, Chief of Police thanked the Committee for inviting him and stated that he looks forward to working with Council and taking an active part in the community. Chief White's goal is to move towards restorative justice rather than punitive and his policing model demands flexibility to deploy officers throughout the Region of Durham and place resources where needed. I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes November 21,2005 Councillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Application to Amend the Zoning By-law 84-63 and Approval of Draft Plan of Subdivision Applicant: Far Sight Investments Ltd. Report: PSD.134-05 Susan Ashton, Senior Planner, gave a verbal report pertaining to Report PSD-134-05. Michael Hackenberger spoke in opposition to this application. Mr. Hackenberger thanked Council for their cor:1tinued support for the Bowmanville Zoo. Mr. Hackenberger stated they are not opposed to development in Clarington, but are concerned with the proposed location of the development, being beside the Zoo. Mr. Hackenberger discussed his concerns including: . to operate and put the necessary elements in place to create a safe environment for the animals and the residents, would be costly and the Zoo could face bankruptcy; . Bowmanville Zoo, being one of the oldest privately owned Zoo in North America, is facing endangerment due to encroachment issues; and . protection of Zoological diseases - placement of exotic animals within the Zoo. In closing, Michael Hackenberger requested: a minimum setback of 285 metres to alleviate the concerns in regards to safety for the residents and the animals, noise, and bio particles; that more input from industry experts be sought to finalize the set back requirements and for their input and suggestions; and the developer work within the boundaries of the Endangered Species Act. John O'Toole, MPP Durham, stated the Bowmanville Zoo is important to the community - past, present and future, to our history, and is a key to our destination. The Zoo's focus is on endangered species which provide a valuable educational opportunity for the children and all visitors. He believes that with the applicant and the Zoo working closely together, the Bowmanville Zoo will continue, and an unique development will be created to protect both the Zoo and the residents of Clarington. Mr. O'Toole offered his assistance on this matter, if necessary. Richard Mostert, Mostert Greenhouses, spoke in opposition to this application. Mr. Mostert stated that the construction would negatively impact the photosynthesis, the water quality and supply, light pollution, and increase traffic on a rural road. Mr. Mostert addressed concerns of vandalism as his greenhouses' walls are constructed from glass. He is also concerned with the use of pesticides in a densely populated area. Mr. Ron Hooper, Bowmanville BIA, spoke in opposition to this application. Mr. Hooper stated the Bowmanville Zoo has been especially supportive of the Bowmanville Downtown, has been a good corporate citizen, and he urges Council to find a solution. Mr. Hooper reports that more than 100,000 people visit the Zoo annually and many of these visitors visit and patron the downtown. - 3. 303 - 4. Minutes I November 21, 2005 I I I I I I I I I I I I I I I I I I 304 General Purpose and Administration Committee Derick Stein, Manager of Health & Safety - The Toronto Zoo, spoke in opposition to this application. He addressed the Committee with his concerns in regards to environmental issues and the safety of children in relation to the location of the proposed school. Mr. Stein requested the Committee to speak with field experts such as the Canadian Association of Zoos and Aquariums. Dave Salmoni, Discovery Channel & Animal Planet, addressed the Committee in opposition to this application. Mr. Salmoni, past employee of Bowmanville Zoo, stated careers and skills are built at the Bowmanville Zoo. The Zoo is a global asset. To demonstrate the safety concerns Mr. Salmoni played a video clip of tigers being trained. He stressed tigers/lions are dangerous animals and is urging a buffer area be put in place for the safety of the residents and the animals. Stephanie Birkett sp('~o in opposition to this application. Ms. Birkett, resident of Clarington, is a member of the Bowmanville Zoo and is concerned her weekly family visits to the Zoo are in jeopardy. Marlene Amos spoke in opposition to this application, stating she is feels residential development, in the proposed area, will strangle out the Zoo. The Bowmanville Zoo creates family activities, memories, and brings tourists into Bowmanville and the downtown area. Jamie Thorton spoke in opposition to this application. Ms. Thorton requested that the Zoo be kept intact as it creates memories for families and brings tourism to Bowmanville. Ms. Thornton appealed to Council to develop a suitable solution for all parties. John Stoner, Retired Manager of Live Collecting - Toronto Zoo, spoke in opposition to this application. Mr. Stoner informed the Committee the Bowmanville Zoo is an educational environment and draws more than100,OOO people a year. Encroachment of human habitation on the Zoo may increase theft, create constant harassment, and present safety issues for children. In closing, Mr. Stoner offered his assistance in resolving these issues. Dale Toombs, Toombs Consulting, explained the rational used in calculating the minimum 285 metre setback. He states that the calculation for farms was used as a basis. John Thompson, Arogee Productions, spoke in opposition to this application. Mr. Thompson has concerns regarding noise and the fencing to be erected for the safety of the animals and residents. He further commented on the Toronto Zoo and the fact that it was relocated due to human encroachment. Tom Campbell spoke in opposition to this application. Mr. Campbell, a Newcastle resident, congratulated Council for making Clarington a great place live. He stated the Zoo is a well established business and is an economic plus drawing visitors from GT A area. The Bowmanville Zoo caters to young children by offering educational programs and teaching them love, respect and the importance of preservation of animals. Mr. Campbell is requesting Council not imperil the future and survival of the Bowmanville Zoo. I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes November 21, 2005 Shirley Amos spoke in opposition to this application. Ms. Amos, a resident backing onto the Bowmanville Zoo, fears the peril of the Bowmanville Zoo as an historic treasure. Her concerns are in regards to children climbing fences and the manure being moved and creating an issue with the new residents of the proposed development. She believes to lose the Zoo would be a tragedy. Mary Mugford spoke in opposition to the application. As a resident of Clarington for past ten years her concerns are for the quality of life in Clarington. She supports land development and is in favour of multiple and compatible forms of land use. The Bowmanville Zoo does extraordinary work for animals and children and contributes to the economic value to make Clarington a vibrant community. She encourages Council to compromise. Dr. Wendy Korvar, Veterinarian Bowmanville Zoo, spoke in opposition to this application. As a veterinarian for tn,,! past 18 years she informed the Committee that globally animals are being challenged by disease (I.e. mad cow disease). Recent public health issues underlined the importance of minimizing the risk of infection to animals and humans. Dr. Korvar is urging Council to ensure a vigorous investigation with the industry experts be conducted. Peter Klose, Director, Safari Zoo Camp, Jungle Cat World, spoke in opposition to this application. He stressed to the Committee his concerns of a larger issue, that being, a global trend for citizens to achieve future development to promote, preserve and enhance for all. He fears what Clarington could'lose, should more animals fall into extinction as there are only 24 professional zoos remaining across Canada. He further stated that the Bowmanville Zoo is a haven for environmental issues, urban development sprawl is a concern and as citizens we have a responsibility to look at pros and cons diligently. In closing, Mr. Klose advised errors in judgement could affect the next generation. Anne Wilson, a resident of Clarington, spoke in opposition to this application. She stated Bowmanville is known world wide as the home of the Zoo. Ms. Wilson requested the Zoo not be crowded out of town and suggested that if the development proceeds, living next to a the Zoo should be marketed as a "privilege". Jeff Zimmerman, on behalf of Bruce Davidson - TWllncorporated, read Mr. Davidson's letter in opposition to this application. Mr. Davidson stated the Zoo draws tourists from all over North America and offers enjoyment, family entertainment, and education to all of its guests. He reiterated Mr. Davidson's concerns in regards to noise and smells which may create issues with the proposed development and endanger this world class enterprise. Margaret Quinney, a Clarington resident, spoke in opposition to this application. She requested Council to support the protection of the Bowmanville Zoo as her family has been enriched from visits to the Zoo, for four generations. - 5 - 305 Bob Schickedanz and Rick Schickedanz, Applicant, spoke in support of their application. They reported that their family has owned the property before the Hackenberger's purchased the Zoo. They have been good neighbours with the Bowmanville Zoo over the years. Mr. Schickedanz stated they are willing to work with the Bowmanville Zoo, the Municipality of Clarington, and all parties involved to achieve a resolution. He clarified that only table land being tilled will be used for houses. He reiterated to Council and the community, their determination to see a satisfactory conclusion. Minutes I November 21, 2005 I I I I I I Marcia Airth spoke in opposition to this application. As a resident near the Bowmanville Zoo, she expressed to the Committee the enjoyment of residing near the Zoo. Ms. Airth's concern is I that should the development draw residents who do not enjoy the Zoo, they may become very vocal and jeopardize the future of the Zoo. She requested Council to keep safety foremost and do the necessary research regarding setbacks. I I I I I I I I I I I General Purpose and Administration Committee Deborah Patrick, Bowmanville Foundry, advised that she was before the Committee as a resident and business owner, and is in opposition to this application. She stated that as a business owner they have had successful times in Bowmanville and good rapport with their neighbours. She is pleased to see Council working so hard to come to solutions and responsive to the businesses that have survived in Clarington in the past. She requested Council's guidance for future developments to ensure Bowmanville does not become a bedroom community and to develop a unique and sustainable place to stand the test of time. Jim Baker, read a letter on behalf of the Wade family, in opposition to this application. The family enjoys their membership to the Zoo and wish to see the Zoo continue to operate in the future. Mr. Baker requested that ample space between the development and the Zoo be maintained. Mark Rigby, a resident and local plumber in Clarington, spoke in opposition to this application. Mr. Rigby fears his water flow and table will be jeopardized by the proposed development. (c) Subject: Applicant: Report: Application to Amend the Zoning By-Law 84-63 1532746 Ontario Inc. (The KaitJin Group Ltd.) PSD.136-05 Bradley Roberts, Junior Planner, gave a verbal report pertaining to Report PSD-136-05. No one spoke in support of or in opposition to Report PSD-136-05. Kelvin Whalen, The Kaitlin Group Ltd., Applicant, advised he concurs with the staff report and is available for questions. -6. 306 I I I I I I I ! I I I I I I I I I I I I . General Purpose and Administration Committee Minutes November 21, 2005 PLANNING SERVICES DEPARTMENT APPLICATION FOR PROPOSED PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT FOR 422 RESIDENTIAL DWELLINGS APPLICANT: FAR SIGHT INVESTMENTS LIMITED Resolution #GPA-438-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-134-05 be received; THAT the t'lpplication 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, THAT all interested parties listed in Report PSD-134-05 and any delegation be advised of Council's decision. CARRIED APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT FOR 19 SINGLE DETACHED DWELLINGS OWNER: THE MUNICIPALITY OF CLARINGTON Resolution #GPA-439-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-135-05 be received; 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 THAT all interested parties listed in Report PSD-135-05 and any delegation be advised of Council's decision. CARRIED REZONING TO PERMIT FOUR SEMI-DETACHED RESIDENTIAL UNITS APPLICANT: THE KAITLlN GROUP L TO. Resolution #GPA-440-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report PSD-136-05 be received; -7. 307 Minutes. November 21, 2005. 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 Report PSD-136-05 (Attachment 2) be forwarded to Council for adoption; and General Purpose and Administration Committee Moved by Councillor ~AacArthur; seconded by Councillor Foster -,. . THAT all interested parties listed in Report PSD-136-05 and any delegation be advised of Council's . decision. . . I . . . . . I . I I I I I CARRIED BROOKHILL NEIGHBOURHOOD SUBWATERSHED STUDY - FINAL REPORT Resolution #GPA-441-05 THAT Report PSD-137-05 be received; THAT the Brookhill Neighbourhood Subwatershed Study - Final Report be received; THAT the recommendations contained with the Brookhill Neighbourhood Subwatershed Study- Final Report be adopted as the basis for subwatershed management.within the study area; 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 THAT all interested parties listed in Report PSD-137-05 and any delegations be advised of Council's decision. CARRIED REZONING TO PERMIT 2 SINGLE DETACHED DWELLINGS APPLICANT: LESLIE CHATHAM Resolution #GPA-442-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-139-05 be received; THAT the rezoning application submitted by Leslie Chatham be approved and that the Zoning By-law amendment attached to Report PSD-139-05 be adopted by Council; and THAT all interested parties listed in Report PSD-139-05 and any delegations be advised of Council's decision. CARRIED -8- 308 I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes November 21, 2005 APPLICATION FOR PLAN OF SUBDIVISION AND REZONING TO PERMIT 47 RESIDENTIAL UNITS APPLICANT: HOME-LAND DEVELOPMENT GROUP LIMITED Resolution #GPA-443-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT Report PSD-140-05 be received; 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 Directorof Planning S~rvices be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-140-05; THAT the application to amend Zoning By-law 84-63, be approved and that the Amending By-law, as per Attachment 3, attached to Report PSD-140-05, be forwarded to Council for approval; 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; THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; THAT a copy of Report PSD-140-05 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interest parties listed in Report PSD-140-05 and any delegations be advised of Council's decision. CARRIED Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR SEPTEMBER, 2005 Resolution #GPA-444-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report EGD-042-05 be received for information. CARRIED - 9 - 309 .10. Minutes I November 21,2005 I I I I I I I I I I I I I I I I I I 310 General Purpose and Administration Committee 20 KING STREET EAST FACADE AND TRANSIT SHELTER Resolution #GPA-445-05 Moved by Mayor Mutton, seconded by Councillor Schell THAT Report EGD-043-05 be received; THAT the fayade 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; THAT the design development of the fayade and transit shelter be reviewed and refined with the input of the Bowmanville BIA, LACAC, and other stakeholders; and THAT all interested parties listed for Report EGD-043-05 and any delegations be advised of Council's decision. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. EMERGENCY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Robinson chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT HIGH FIVE QUALITY ASSURANCE PROGRAM Resolution #GPA-446-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CSD-016-05 be received for information. CARRIED I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes November 21, 2005 Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT ORDER TO RESTRAIN - APPEAL HEARING PROCESS Resolution #GPA-447-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report CLD-043-05 be received; THAT the pwers of Council to hold a hearing to determine whether or not to exempt the owner of a dog in whole or in p"'rt 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; 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 for the purpose of hearing Appeals relating to Orders to Restrain, be forwarded to Council for Approval; THAT the by-law attached to Report CLD-043-05, as Attachment 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 interested parties be notified of Council's decision, FORTHWITH. CARRIED Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT CL2005-42, REHABILITATION OF SAND DOME (FORMER) WASTE TRANSFER STATION Resolution #GPA-448-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report COD-061-05 be received; -11 . 311 Minutes I November 21, 2005 THAT Braunstein, Braunstein Construction Ltd, Toronto, Ontario with a total bid in the amount of I $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 I (former) Waste Transfer Station, as required by the Operations Department; THAT the total funds required in the amount of $217,850.00 ($236,250.00 tender + $21,000.00 I 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) $19,590.00 from 2005 Operations Department Capital Budget; General Purpose and Administration Committee 312 I I I I I I I I I I I I I I I THAT Wa$te Management Corporation be invoiced for a total of $39,400.00 for which they have agreed to pay; and THAT the By-law attached to Report COD-061-05, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved; FORTHWITH. CARRIED CL2005-41, DIVISION STREET RECONSTRUCTION Resolution #GPA-449-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report COD-062-05 be received; 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; 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 By-law attached to Report COD-062-05, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED -12 - I I I I I I I I I I I I I I I I I I I General Purpose and Administration Committee Minutes November 21, 2005 TENDER CL2005-40,WESTMORE STREET AND JANE AVENUE RECONSTRUCTION, COURTICE Resolution #GPA-450-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report COD-063-05 be received; 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 AvenHe Reconstruction, Courtice, as required by the Engineering Department; 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 of the Capital Budget); b) $200,000.00 from the 2005 Engineering Department Capital Budget Account # 110-32-330-83269-7401; (as identified on page 191 of the Capital Budget); c) $171,138.00 from the development charge - roads and related reserve fund; d) $23,862.00 from the municipal works reserve fund; and THAT the By-law marked Schedule "A" attached to Report COD-063-05 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED FINANCE DEPARTMENT There were no reports considered under this section of the agenda. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT NEWCASTLE BRANCH LIBRARY - PROJECT PLANNING Resolution #GPA-451-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ADM-006-05 be received; and THAT a copy of Report ADM-006-05 be provided to the Library Board for its information. CARRIED -13 - 313 MAYOR DEPUTY CLERK Minutes I November 21, 2005 I I I I I I I I I I I I I I I I I I 314 General Purpose and Administration Committee UNFINISHED BUSINESS Resolution #GPA-452-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Chief of Police, Vernon White, Inspector Bill Temple, and Doug Moffatt, Chair, Durham Regional Police Services Board, be thanked for their presentation. Council is looking forward to working with Durham Regional Police Services to create a safe environment for our residents. CARRIED OTHER BUSINESS Councillor MacArthur announced that on December 3, 2005 the CPR Holiday Train will be stopping at the Wellington and Scugog Street railway crossing. He encouraged residents to come out and enjoy the festivities and entertainment. Food donations are being collected. ADJOURNMENT Resolution #GPA-453-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 12:25 p.m. CARRIED -14 - I I I I I I I I I I I I I I I I I I I Public Meeting Report # PSD-14l-05 CORPORATION OF THE Trustees of the Newtonvill. MUNICIPALITY OF CLARINGTON Shiloh/Kendal Pastoral NOTICE OF PUBLIC MEETING' Charge I DEVELOPMENT APPLICATION BY: TRUSTEES OF THE NEWTONVILLE/SHILOH PASTORAL CHARGE '.'. (~~mgron AN APPLICATION TO AMEND 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 the Trustees of the Newtonville/Shiloh Pastoral Charge would penmit the severance of a 1200 square metre lot containing the existing manse from the Newtonville United Church. The subject property is located in Part Lot 8, Concession 2, Fonmer Township of Clarke, 2041 Newtonville Road, Newtonville as shown on reverse. Planning File No.: ZBA2005-0050 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, December 5,2005 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 December 12, 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, December 7,2005 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 adoption of the proposed Zoning By-iaw 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, 3"' Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3AB, or by calling Susan Ashton, Senior Planner at (905) 623-3379 extension 218 or bye-mail atsashton@clarington.net . APPEAL If a person or public body that .files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make orai submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipai Board may dismiss all or part of the appeal. Dat~ed. ;::" d CI,""",,"~. ,,' "" d """'"'. """ D~ rome, M.C.I.P., R.P.P. Dire or of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 501 CHURCH LANE r t~----~ LANDS TO BE RETAINED BY APPLICANT ~ \ ~ ~""'~"! LOT (1852.1 Sq. m. lj 9 ----"'-1; I .'::I---il ~~ 11 ; -'~: -:! ~ I: :, _:l...--i' x . , " ,P..... I.ii.':: t ... ' ~ alUI] ..,~o_eO(I - .... . ; _ 11.43 -"" I 6RIC... CHyR(:r< (No_ :204\) 00 ..... Q r---" I l~,-..l L _.J _ IllS a <:(. o a:: -J ~ o - ~ LU a:: ~ ~ a:: :;:) a alS'-WC . ~--'qf) vmt-T,fJfr' ~;~ L OS TO BE SEPARATED ~ ,t'ij( 1200 sq, m.) '''il~ I ~ I >"\x I , . ~ I - ,~ > ~!i'I- ~~" - " " II ~~~ i'i- , " '-'. W;:t II ! ! i CONCESSI,oN ,~ :: L.- -.i : ...E-Iol.. -.. St<(.C "':S ; ""'[0 ~ I : qWt"D'IS:;'O.... ,-;.....~ ):6S So1[O"_...~"" ,::I ..1, I r'C'<n:;tlt..Vr ''':''Oi' y._ '. 10...... 1 ...01 (>I. ~~.; I'" . ,',.... ~ L ~...._ t.e..J, ,--< ....c .,1>Wo '~-'~ l<_1 r= r -~... &.~ti.'. .,....,:; ~." 2r:c.-J _~..1.RT . ! -:~;~. >~ i~ ';10':_" Newtonvllle Key Map ~ ~ ~ x . i I ~ . I' --I' o I o ~1 g I -~ . Ii i _~l , \J ----- -.... ---I _..~ x , ~ <n<.T~~"i..... -, =-- -<= :;<i, ....., ~....~ . ~ ! .~U5 il ~ ", ~ 9:: :....t ~ I ......!: -:..w t :--..; .~.:..lR.T _~ . _I\>lWi, I I I I I I I I I I I I I I I I I I I -..-.--.- .pverUd rINT,!Sz(' ~ r::--- "' ! . '. i ~I~ I "V~~8 - <S~, . '- . s~ . ? ~. :,. ~ g olI!~ l;\~" ..~;. ~ "" ':':' . ~ ''Il...... i !, ~. ~ . -~ . ':.l .~ . .... ~"d '" 1{ 2 '11.("<:'<61 ,:>,,v .,(:0;.4 .'- .. PA.-?,- ..: ~~f.,'1y ZBA 2005-0050 Zoning By-Law Amendment Owner: United Church Trustees ofthe Newtonville/Shiloh Pastoral Charge 502 I I I I I I I I I I I I I I I I I I I Clm;il!gton Public Meeting Report # PSD-142-0S Penwest Development Corp. CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: Penwest Development Corporation AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. - APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Penwest Development Corporation would permit the development of fourteen (14) single detached dwellings. The subject property is lodted in Part Lot 9, Concession 1, former Town of Bowmanville, at 65 and 73 Concession Street East in Bowmanville, as shown on reverse. Planning File No.: ZBA20Q5-0055 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 pub~c meeting will be held on: Monday, December 5, 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/ormake 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 December 12, 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, December 7,2005 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? 1 f 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, 2"" Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. - Additional information relatin9 to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3'" Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, or by calling Susan Ashton at (905) 623-3379 extension 218 or bye-mail atsashton@clarington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Boand may dismiss all or part of the appeal. Dated at the Municipality of Clarington this 1" day of November . 2005. 40 Temperance Street Bowmanville, Ontario L 1C 3A6 o vi me, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington bU;;J Owner: Penwest Development Corp. Ltd --------) CONCESSION STREET EAST -' ". - f ~ ; I . ~ ., 11 ,! 10 9 4 3 2 1 ii . ~ ; !: ., " " I' '. 12,: 13 14 5 6 7 8 I' ,. , .- ...-.... .. -- --..' ..- -.--- .m. -. - -,-- 0'" -- DADSON DRIVE . "'\ T T I .1 1 I I I 4 - I - ZBA 2005-0055 ZONING BY-LAW AMENDMENT i~ ~ \ I I I I I I I I I I I I I I I I I I I ( . -III I :l I Z ..~ III Z II: ;5. l!! .504 I I I I I I I I I I I I I I I I I I I CI~ilJgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday,December5,2005 Report #: PSD-141-05 File #: ZBA 2005-0050 By-law #: Subject: REZON1"IG TO PERMIT THE SEVERANCE OF THE EXISTING MANSE FROM NEWTONVILLE UNITED CHURCH OWNER: TRUSTEES OF THE NEWTONVILLE/SHILOH/KENDAL PASTORAL CHARGE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-141-05 be received; 2. THAT the rezoning proposal for the severance of the existing manse from the Newtonville United Church be referred back to Staff for further processing and preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Franklin Wu, Chief Administrative Officer Reviewed by: O~~ a J. Crome, M.C.I.P., R.P.P. Director of Planning Services SAlCP/DJC/df 28 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-141-05 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 APPLICATION DETAILS 1.1 Applicant: Martindale Planning Services 1.2 Owner: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge 1.3 Rezoning: To rezone the subject lands from the "Residential Hamlet (RH) Zone" to an appropriate zone to permit the severance of the existing manse from the Newtonville United Church. 1.4 Site Area: Total Area = 3052.1 m2 Retained parcel = 1852.1 m2 Severed Area = 1200 m2 2.0 LOCATION 2.1 The subject lands are located at 2041 Newtonville Road, Newtonville (Attachment 1). The property is contained within Part Lot 8, Concession 2, in the former Township of Clarke. 3.0 BACKGROUND 3.1 On September 22, 2005, Bob Martindale of Martindale Planning Services, on behalf of the Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge, submitted an. application to the Municipality of Clarington to rezone the subject lot at 2041 Newtonville Road to permit the severance of the existing manse with a lot area of 1200 m2 (0.29 acres.). The Newtonville United Church would retain a lot 1852 m2 (0.45 acres). 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property currently contains the church, manse, a septic system for each, and some limited unstructured parking. At this time the driveway is shared. 4.2 Surrounding Uses: North . South: East: West: Residential . Residential Residential Residential 5.0 PROVINCIAL POLICY 5.1 The proposed rezoning application is within the Newtonville hamlet settlement area. The proposal is currently serviced by existing municipal water and has frontage on both a regional road and a local road. There will be no expansion of the hamlet boundary required or any new services required, thus the application meets provincial policy. 602 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-141-05 PAGE 3 5.2 Within the Greenbelt Plan the subject lands are designated "Hamlet". This application is to separate two existing uses that lawfully existed prior to the Greenbelt Plan and the property is within the Hamlet boundary. Thus, as there is no proposed expansion to the hamlet boundary the application meets the policies of the Greenbelt Plan. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are designated "Hamlet" in the Durham Region Official Plan. The Hamlet designation permits a variety of housing types as well as community facilities. 6.2 The lands are designated "Hamlet Residential" in the Clarington Official Plan. This designation permits low density residential uses, and other uses such as places of worship. TypV'!!y all new lots on septic systems must be a minimum of 0.4 ha in area. The Hamlet of Newtonville is serviced by a Regional water supply and thus the minimum lot size may be reduced by providing an engineering study that demonstrates that the soil and groundwater conditions can support reduced lot sizes without contaminating soil or groundwater. The proposed use conforms with the Clarington Official Plan. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Residential Hamlet (RH)". All new lots with an "RH" zone are required to be a minimum of 4000 m2 in area. As noted above the minimum lot area may be reduced providing a satisfactory engineering study in support of the application is received. Thus the application has been submitted to reduce the lot area requirements. 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 a public meeting notice sign was installed on the property. 8.2 One inquiry was received for further information regarding the application. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from Clarington Building Division, Clarington Engineering Services, Clarington Emergency Services, LACAC and Ganaraska Region Conservation Authority. 9.2 Clarington Engineering Services has no objection to the rezoning application but will require each proposed lot to have its own access to an open, maintained road. Application for access to Newtonville Road (Regional Road 18) is to be made to the Regional Works Department. 603 REPORT NO.: PSD-141-05 PAGE 4 9.3 Clarington Building Division shall require that each building have a separate water connection directly to the road allowance. If separate water connections are not permitted or possible then an easement shall be required for the shared water service. 9.4 Ganaraska Region Conservation Authority has no objection to the rezoning application. Permits will not be required from the Authority prior to any further development or construction on these lands. 9.5 Comments are outstanding from Regional Works, Regional Planning, Regional Health and Hydro One Networks Inc. 10.0 STAFF COMr~:::NTS 10.1 The applicant has provided information to staff that the Newtonville United Church and manse have occupied the subject parcel since approximately 1880. From a review of air photos available to Staff, the site appears unchanged since 1992. 10.2 The current zoning permits single detached dwellings and places of worship. However, each use would be required to have a minimum lot area of 4000 m2. The total lot area of this parcel is currently 3052.1 m2 and has legal non-complying status. 10.3 The Clarington Official Plan policies for Newtonville permit the reduction in lot area if municipal water services are available and the smaller lot size is supported based on the results of an engineering study. The lot currently has two existing separate septic systems servicing the manse and church separately. Staff must be satisfied that if the rezoning and severances are approved the two properties are able to accommodate reserve tile bed areas in addition to the existing septic systems without impacting adjacent properties. Given that the existing situation will not be altered as a result of the severance, staff will review with the Regional Health Department the merits of requiring a servicing study for this property. 10.4 The proposed severance will require an additional entranceway on Regional Road 18 for the manse lot. This does not meet Regional standards for access. The Region will be reviewing whether the circumstances will warrant an exception. 10.5 The proposed severed lot containing the manse will have adequate area to provide two outdoor parking spaces as required by the zoning by-law. The retained lot, where the church is situated, has not historically provided structured on-site parking. There is a driveway approximately 60 metres in length which handles some parking, and the grassed area at the rear of the church also has occasionally accommodated some parking. As parking has traditionally been on Church Street, staff find that the rezoning and related land divisions will not alter the existing parking situation. 604 I I I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-141-05 PAGE 5 11.0 RECOMMENDATION 11.1 In consideration of comments not received at the writing of this report, and that the purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting, it is recommended that the application be referred back to staff for further processing, Attachments: Attachment 1 - Key Map Interested jJarties to be notified of Council and Committee's decision: Bob Martindale Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge 605 'll.P21) r r ' I :=l ~ . ~ ~ .." -l . '1~~ ~~:r" ~ I~ - \ ~---; =_ -- jl ir ____=_~ --h L .J SC?fII(; 1..... " ~ '''' LANDS TO BE RETAINED BY A~~L1CANT ~ \: msnNC ;w.r....'! LOT (1852.1 ~q.m.)) 0 ~: I !il-----1, 40.0 I I 1 _-ll > -~: ~ ~ I: :l: -~--1; , . II ~ ~~: I 0 I I - I ~ I --M. I -l---4 \ I fJ _______00___1 ~ CHURCH LANE 1, .' ,~ \P\,tolo ~;~.-:: I co .... a ~ a:: -J ~ o - Q) UJ a:: ~ ~ ~ Q ::. ~:;EIJ ()Ii'If,r~AY I DS TO BE SEPARATED ~, j jiG( 1200 sq. mo) '. I~' ~ I:' 1'" -;l ,. I ~ I 0 I I I '8: ~,a) g"'~;;; - ~ ~ :<: N~O :;:-i~ " c..J En,"" "'"'" :1 i CONCESSI,oN ., ~- : =. __ "'E~~ :~ SoU ~'2S ;. :.H[D ~ i : ~"!.is:{",_l'<> :_>-......tlJ~.s $><[0 ~Cljf<.....,A.... ,~.l I r......-.n;.y......,.,1 ! e~"OIiI ~ '. - J t. 0 I ~........ , .. . . '..~ ~ l- ~~~' ~~ '~....c ...t~ ,.:ou.:. .;:;ot.'~~ II -I r~ r -'," ..~t":i.'4 ',.'-.. .-:,'~ ~~r:r:'.-J - D.-!R7" _.... I.' .:......... , ~ Newtonville Key Map ~ C 0: ! :; % ~ , ~ - -<= ~ ..~I ~ .':.:,.76 'I " >...; , ~ II :z ji :...-... .j}'; ! ~ . ~ ':;.:J.RT _::- AttBCnmem If To Report PSO-14( ..... 81"(,6, I I I I I I I I I I I' I I I I I I I -..-.---.-. ~;J.?H 'l'Y<<.'SH ,.." '" ~"l ! h. '. ~ '" "," I " ,F $ ~ 8 . ~ ~< .: -- ..~< 0" - - .~!~ '~~~ li > . _10 ~ ~ ~ < " .~ ~ ::-..: ~ ct. .... "'~ "- '" l{ 2 18("06) ?IN .:.'co....# - .t..--,: ~4Pr- .: '..::.~~ ZBA 2005-0050 Zoning By-Law Amendment Owner: United Church Trustees of the Newtonville/Shiloh Pastoral Charge 606 I I I I I I I I I I I I I I I I I I I C!{J!illglOn Meeting: REPORT PLANNING SERVICES PUBLIC MEETING GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: PSD-142-05 File #: ZBA 2005-0055 By-law #: Subject:. ZON!NCSY-LAW AMENDMENT TO PERMIT THE REDEVELOPMENT OF TWO Pi{OPERTIES WITH 14 SINGLE DETACHED DWELLINGS APPLICANT: PENWEST DEVELOPMENT CORPORATION RECOMMENDA lIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-142-05 be received; 2. THAT the rezoning proposal for redevelopment of two properties be referred back to Staff for further processing and preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: SAlCP/DJC/sh/lw November 30, 2005 /~ . t7 n (e. ';r Reviewed by:U ~--'> A.......J (,.,-t Franklin Wu, Chief Administrative Officer -CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6T (905)623-3379 F (905)623-0830 607 REPORT NO.: PSD-142-05 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 APPLICATION DETAILS 1: 1 Applicant: Penwest Development Corp. Ltd. 1.2 Owner: Penwest Development Corp. Ltd. 1.3 Rezoning: To rezone the subject lands from the "Urban Residential Type One (R1) Zone" to an appropriate zone to permit the redevelopment of two properties to permit fourteen (14) single detached dwellings with 12.0 m minimum frontages. 1.4 Site Area: 5787 m2 2.0 LOCATION 2.1 The subject lands are located at 65 and 73 Concession Street East, Bowmanville (Attachment 1). The property is contained within Part Lot 9, Concession 1, in the former Town of Bowmanville. 3.0 BACKGROUND 3.1 On October 25, 2005, Totten Sims Hubicki Associates on behalf of Penwest Development Corp. Ltd, submitted an application to the Municipality of Clarington to rezone the subject lots at 65 and 73 Concession Street East to permit the redevelopment of two properties to permit a total of fourteen single detached dwellings. The two properties are not abutting. . 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 Currently, 73 Concession Street East is vacant, having been previously used for a sales trailer for the subdivision surrounding this property and has frontage on both Concession Street East and Mearns Avenue. There is an existing access to Concession Street East. 65 Concession Street East contains a single detached dwelling with driveway access to Concession Street East and the property was only recently purchased by Penwest. 4.2 Surrounding Uses: North: South: East: West: Commercial plaza Low density residential (single detached dwellings under construction) Low density residential (single detached dwellings) Low density residential (single detached dwellings under construction) 608 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-142-05 Page 3 5.0 PROVINCIAL POLICIES 5.1 The Provincial Policy Statement states that new development shall occur adjacent to the existing built-up area, and that municipalities shall direct the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to support current and projected needs. The rezoning application and proposed land division applications will complete the development in a block of land formed by a tributary of the Soper Creek, Mearns Avenue, Concession Street East and Highway 2. The application is in conformity with the Provincial Policy Statement. 6.0 OFFICIAL PLAN POLICIES 6.1 The lands are <iesignated "Living Area" in the Durham Region Official Plan. The predominant l.O~e of lands in the Living Area designation is for housing. 6.2 The lands are designated "Urban Residential" in the Clarington Official Plan. The predominant use of lands in the Clarington's Urban Residential designation is for housing. The property is located within the Vincent Massey Neighbourhood and designated for low density housing. The application would conform to these policies. 7.0 ZONING BY-LAW 7.1 The subject lands are currently zoned "Urban Residential Type One (R1) Zone". The applicant has requested to redevelop these two properties for single detached dwellings on 12 metre frontages which is not permitted in the "R1" zone, thus the need for the rezoning application. 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 a public meeting notice sign was installed on the property. 8.2 One inquiry was received following the sign being posted and notice mailed. The inquiry suggested the use of the property as a parkette for the people living on the north side of Concession Street East. Their concern was that the Guildwood Park is over used and the Elephant Hill Park is located uphill and is thus difficult to access. They had no objection to the new dwellings, but would prefer to see a parkette. 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received fromClarington Engineering Services, Building Division, Community Services, and Emergency Services. 609 610 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-142-05 Page 4 9.2 Clarington Engineering Services, Building Division, Emergency Services and Community Services have no. objection to the rezoning application. Engineering Services submitted detailed comments and requirements for the related land division applications submitted concurrently to the Durham Region Land Division Committee. 9.3 Comments are outstanding from Regional Works, Regional Planning, Central Lake Ontario Conservation, all school boards, Veridian, Enbridge, Rogers, Bell, and Canada Post Corporation. 10.0 STAFF COMMENTS 10.1 The owner ,,; ;.he surrounding lands, also Penwest Development Corp. Ltd., has endeavoured to purchase both the subject lots for a number of years. They have completed eight phases of subdivision development south of these lands from Orchard Park Drive (just north of King Street East) to Dadson Drive. These are the last two remaining parcels of land that together with remnant parcels owned by Penwest complete the development pattern determined through Registered Plan of Subdivision 40M-2203. 10.2 The existing lot pattern around the subject properties consist of lots with 12 metre frontages. Building permits have been issued on approximately half of the nearby lots and many dwellings are currently under construction. The proposed zoning will continue this 12 metre frontage lot pattern and the two parcels will be in keeping with the surrounding area. The applicant is also proposing to use the same. setbacks as all the surrounding lots in the area to keep the street appearance consistent. 10.3 The Official Plan generally limits the number of severances from a single parcel to three new lots. As the Municipality had a subdivision agreement in good standing with the applicant for the lands surrounding the parcel at the corner of Mearns and Concession, it was decided that the applicant could proceed through the Land Division process for seven new lots. Subsequent to that decision, the owner was able to purchase the second lot, and permission was granted for five additional lots, located on the same streets to be created by land division. 10.4 A land division agreement has been required as a condition of approval for these lots which will ensure all the Municipality's financial requirements are met prior to development. 10.5 The internal road, Dadson Drive has been constructed at this time providing adequate access to all south facing proposed lots. Water and sanitary services are located in the surrounding road allowances and have the capacity to service the proposed lots. 10.6 Through the Land Division applications the Region has requested a noise study to ensure that appropriate mitigation measures are taken to abate the noise generated by I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-142-05 Page 5 Mearns Avenue and Concession Street East, which are both TypeC Arterial Roads. The recommendation of this study will be incorporated in the agreement with the Municipality . 11.0 RECOMMENDATION 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting for public comment on the application. It is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map Interested parties to be notified of Council and Committee's decision: Totten Sims Hubicki Associates Penwest Development Corporation Conrad Gareau 611 65 Concession Street East CONCESSION STREET EAST . 12 12m 12m 12m 12m 12m 11 10 E N ,..., 9 -~ 12 E N ,..., 13 14 1m 12m 12m 12m m m DADSON DRIVE Bowmanville Key Map tffi Ed] m ~CRT CONCESSION STR dj 3~ 3fR CRT. i~ ~~ 12m 12m \ I I I I I I I I I I I I I I I I I I I Attachment 1 To Report PSD-142-05 73 Concession Street East III ::l Z UI ~ III ~ C III ::IE Owner: Penwest Development Corp. Ltd Iml"'~ 3 2 1 4 5 6 7 12m 12m J 8 21.7m ZBA 2005-0055 ZONING BY-LAW AMENDMENT I I I I I I I I I I I I I I I I I I I Cl!1!il1glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE Date: Monday, December 5, 2005 Report #: PSD-143-05 File #: A2005-0042, A2005-0046 A2005-0048, A2005-0049 A2005-0050 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 17, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-143-05 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 17, 2005 for applications A2005-0042, A2005-0046, A2005-0048, A2005- 0049, and A2005-0050, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. \ Reviewed by: C) ~- ~ ~ ' Franklin Wu, Chief Administrative Officer Submitted by: C a i J. Crome, MCIP, R.P.P. Director of Planning Services BR*CP*DJC*sh November 22, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 613 REPORT NO.: PSD-143-05 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee and staff recommendations are summarized below. Application Number Staff Recommendation Decision of Committee A2005-0042 Deny Denied A2005-0046 Approve with modifications Approved with modifications A2005-0048 Approve Approved A2005-0049 Approve Approved A2005-0050 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR NOVEMBER 17, 2005 2.0 COMMENTS 2.1 A2005-0042 was an application to vary from the definition of accessory use and the definition of accessory building or structure to permit a 45 square metre non- commercial, non-agricultural building and the outside storage of a maximum of ten (10) motor vehicles for a period of not more than three (3) years. The owner's request was to permit the use and building on a vacant lot adjacent to the owner's residence, and to consider the use and building accessory to the residence. Staff determined that this application proposed to permit the establishment of a use that is not exclusively devoted to a principle use located on the same lot, and would therefore perri'lit the establishment of a new use which does not conform to the Official Plan or the Zoning By-law. In addition, the applicant did not demonstrate that the subject lot could not be combined with the adjacent residential lot, nor was it demonstrated that the uses and structures requested could not be carried out on the adjacent residential lot. Two neighbouring property owners spoke in favour of the application, and four provided letters in favour. Six people spoke in opposition to the application, and two provided verbal objections through telephone conversations. Committee agreed with Staff's recommendation to deny the application as it was not minor or desirable in nature, and was not in keeping with the intent of the Official Plan or the Zoning By-law. 2.2 A2005-0046 was an application to increase the maximum lot coverage for a lot from 45% to 57%, to permit the construction of an accessory building by reducing the 614 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-143-05 PAGE 3 required rear and side yard setbacks from 1.2 metres to 0.6 metres, and to permit the construction of a deck by reducing the required rear yard setback from 6 metres to 5.56 metres, and by reducing the required interior side yard setback from 1.2 metres to 0.66 metres. The applicant constructed the deck with a floor height of approximately 2.3 metres above the grade of the rear yard. Staff supported the reduction of the side and rear yard for the accessory building, the reduction in the rear yard for the deck, and an increase in total lot coverage; however, as the deck was constnucted at an elevation above the lot line fence, Staff could not support the further reduction of the interior side yard. Staff recalculated the total lot coverage excluding the portion of the deck which encroaches into the interior side yard and determined an increase in lot coverage of 54.5% was appropriate. A neighbouring property owner provided a letter in opposition to tha application, as they felt their privacy in their rear yard was compromised. Staff recommended ::;::proval of the application to increase the lot coverage to 54.5%, to reduce the side and rear yard setbacks for an accessory building to 0.6 metres, and to reduce the rear yard setback to 5.56 metres, but did not recommend approval to reduce the interior side yard setback for the deck. Committee agreed with Staff and approved the application as recommended. 2.3 Applications A2005-0048, A2005-0049, and A2005-0050 were approved as applied for in keeping with Staff's recommendation. 2.4 Staff has reviewed the Committee's decisions am:tis--satisfied1hatihe applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 615 Attachment 1 To Report PSD-143-, ClYLiggtnn APPLICANT: OWNER: AIRD & BERLlS LLP BERNHART ROTH I I I I I I I I I I I I I I I I I I PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT PROPERTY LOCATION: 4648 FICES ROAD, DARLINGTON PART LOT 354, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2005-0042 FILE NO.: PURPOSE: TO VARY FROM THE DEFINITION OF ACCESSORY USE AND ACCESSORY BUILDING OR STRUCTURE TO PERMIT A BUILDING OF 45 M2 AND THE OUTSIDE STORAGE OF A MAXIMUM OF 10 MOTOR VEHICLES FOR A PERIOD NOT MORE THAN THREE (3) YEARS. DECISION OF COMMITTEE: TO DENY THE APPLICATION TO VARY THE DEFINITION OF ACCESSORY USE AND ACCESSORY BUILDING OR STRUCTURE TO PERMIT A NON-COMMERCIAL, NON-AGRICULTURAL BUILDING OF 45 M2 AND THE OUTSIDE STORAGE OF A MAXIMUM OF 10 MOTOR VEHICLES FOR A PERIOD OF NOT MORE THAN THREE (3) YEARS AS IT IS NOT MINOR, NOT DESIRABLE, AND DOES NOT CONFORM TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 17,2005 LAST DAY OF APPEAL: December 7,2005 616 I I I I I I I I I I I I I I I I I I I Cl!Jl-!llgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KIERNAN VINCENT KIERNAN VINCENT PROPERTY LOCATION: 54 TRUDEAU DRIVE, BOWMANVILLE PART LOT 101, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005-0046 " PURPOSE:- TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.66 METRES, BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 5.56 METRES, AND TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY REDUCING THE REQUIRED REAR AND SIDE YARD SETBACKS FROM 1.2 METRES TO 0.6 METRES, AND BY INCREASING THE TOTAL LOT COVERAGE FROM 45% TO 57%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM LOT COVERAGE FROM 45% TO 54.5%, TO REDUCE THE REQUIRED SIDE AND REAR YARD SETBACK FOR AN ACCESSORY BUILDING TO 0.6 METRES AND TO REDUCE THE REAR YARD SETBACK FOR A DECK TO 5.56 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW AND TO DENY THE REDUCTION OF THE INTERIOR SIDE YARD SETBACK AS IT IS NOT MINOR AND NOT DESIRABLE. DATE OF DECISION: LAST DAY OF APPEAL: November 17, 2005 December 7,2005 617 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DOUGLAS CRONK DOUGLAS CRONK PROPERTY LOCATION: 3618 LAKESHORE ROAD, CLARKE PART LOT 26BF, CONCESSION FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2005-0048 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ENCLOSED PORCH BY REDUCING THE PERMITTED REAR YARD SETBACK FROM 3.96 METRES TO 1.2 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ENCLOSED PORCH BY REDUCING THE REQUIRED REAR YARD SETBACK FROM A PERMITTED 3.96 METRES TO 1.2 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7,2005 618 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I C[fJl#}gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAMELA MCINTOSH PAMELA MCINTOSH PROPERTY LOCATION: 138 ELGIN STREET, BOWMANVILLE PART LOT 122, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005-0049 PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING HOME BY REDUCING THE REAR YARD SETBACK FROM 7.5 METRES TO 6.4 METRES AND TO INCREASE THE TOTAL LOT COVERAGE FROM 40% TO 46.5%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE EXPANSION OF AN EXISTING HOME BY REDUCING THE REQUIRED REAR YARD SETBACK TO 6.4 METRES AND TO INCREASE THE TOTAL LOT COVERAGE TO 46.5% AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY- LAW. DATE OF DECISION: LAST DAY OF APPEAL: November 17, 2005 December 7,2005 619 620 I I I I I I I I I I I II I I I I I I I Clm- i< fl LetuJj~g1P PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ZYGMUNT PICUR ZYGMUNT PICUR PROPERTY LOCATION: 3411 TOOLEY ROAD, COURTICE PART LOT 333, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2005-0050 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM 10.5 METRES TO 10.9 METRES AND TO PERMIT A SECOND KITCHEN WITHIN A SINGLE DETACHED DWELLING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A HOME BY INCREASING THE MAXIMUM HEIGHT TO 10.9 METRES AND TO PERMIT THE ADDITION OF A SECOND KITCHEN FOR A SINGLE DWELLING UNIT SUBJECT TO THE APPLICANT RECEIVING WRITTEN APPROVAL FROM THE DURHAM REGIONAL HEALTH DEPARTMENT PRIOR TO THE LAST DAY OF APPEAL IS RECOMMENDED AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7,2005 I I I I I I I I I I I I I I I I I I I Cl{)L-!lJglOn REPORT PLANNIN G SERVICES Meeti ng: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, December 5, 2005 Report #: PSD-144-05 File #: ZBA2005-014 By-law #: Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE CAR WASH APPLlC:'NT: MOOLCO INVESTMENTS INCORPORATED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-144-05 be received; 2. THAT the rezoning application submitted by Moolco Investments Incorporated be APPROVED and that the proposed Zoning By-law contained in Attachment 2 to this Report be passed; 3. THAT Council pass a By-law to remove the "(H) Holding" symbol at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; 4. THAT the Region of Durham Planning Department be forwarded a copy of this Report and Council's decision; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: 00k-- tl Q - U7 Reviewed by: --..J "L Franklin Wu, Chief Administrative Officer v . Creme, M.C.I.P., R.P.P. Director of Planning Services lW*CP*DJC*lw November 28, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 621 622 I I I I I I I I I I I I I' I I I I I I REPORT NO.: PSD.144-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Moolco Investments Incorporated 1.2 Rezoning: from "General Commercial (C1) Zone" to an appropriate zone to permit the development of a self-serve car wash, a dog wash facility and a mixed-use building with a ground floor commercial unit and a second floor residential unit. 1.3 Location: 254 King Avenue East, Newcastle, located on the north side of King Avenue, between Beaver and Arthur Streets. 1.4 Site Are: ('\ 133 hectrares 2.0 BACKGROUND 2.1 On May 6, 2005, Moolco Investments Incorporated submitted a rezoning and site plan application for 254 King Avenue East, Newcastle, in order to permit a four (4) bay self- serve car wash, dog wash facility and a mixed-use building with a ground floor commercial unit and a second floor residential unit. 2.2 A statutory Public Meeting was held on June 20, 2005. No one spoke in opposition to or in support of the application. As of the writing of this report, no inquiries were received from the public. 3.0 SITE CHARACTERISTICS AND SURROUNDING USES 3.1 A single detached dwelling is located on the subject property. 3.2 The surrounding land uses are as follows: North South East West Residential Commercial and Residential Residential Commercial 4.0 OFFICIAL PLAN POLICIES 4.1 The Clarington Official Plan designates the subject lands Main Central Area within the Newcastle Village Urban Area. The lands are designated "Strip Commercial" within the Newcastle Village Main Central Area Secondary Plan. This designation permits retail, personal service and office uses as well as automobile service stations. 4.2 This development is also subject to the following urban design principles contained in the Official Plan: I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD.144-05 PAGE 3 . the provision of direct pedestrian street access to some stores in each development; . land use compatibility between commercial and residential buildings shall be achieved through appropriate building siting, design and landscape treatment; . high quality landscape treatment shall be provided; . building form and siting shall minimize the impacts of noise, wind and shadows and shall enhance views of landmark buildings, parks and open space; . refuse collection areas will be internal to buildings; . loading area and refuse collection areas shall be unobtnusive and screened where necessary and shall generally be located at the side or rear of building; . common vehicular access and internal circulation including service lanes connecting abutting properties should be provided where possible. 5.0 ZONING BY-LI"N 5.1 The property is in a "General Commercial (C 1) Zone" which does not permit the self- serve car wash facility. Retail commercial and residential dwelling units as part of a building containing a non-residential use are permitted. In order to permit the proposed development a rezoning application was submitted for consideration. 6.0 PROVINCIAL POLICY STATEMENT 6.1 The proposed amendment to Zoning By-law 84-63 is consistent with the Employment Area policies of the Provincial Policy Statement issued on March 1, 2005. However, a noise study was required and submitted to demonstrate that the proposed land use does not cause environmental or public health and safety concerns with regards to the noise pollution. 7.0 AGENCY COMMENTS 7.1 The Clarington Engineering Services Division, Clarington Emergency Services, Clarington Building Services Division, Clarington Operations Services, the Ganaraska Region Conservation Authority, Enbridge, and Veridian Connections provided no comments or objections to the rezoning application. Items relating to the site plan application have been forwarded to applicant to address prior to proceeding with site plan approval. 7.2 The Durham Region Planning Department indicated that the subject property is designated "Main Central Area" in the Durham Regional Official Plan. Main Central Areas are the main concentrations of urban activities within area municipalities, providing a fully integrated array of community office, service and shopping, recreational and residential uses. The proposal would be permitted by the policies of the Regional Official Plan. Municipal water supply and sanitary sewer service are available from King Avenue East. A site-servicing plan showing the proposed servicing scheme for the development will be required for site plan approval. The application has been screened 623 REPORT NO.: PSD-144-05 PAGE 4 I I I I I I I I I I I I' I I I I I I I in accordance with the terms of the provincial plan review responsibilities. The proposed building with ground floor commercial and a second storey residential unit appears to front onto Regional Highway 2 (King Avenue East). Adverse noise impacts associated with traffic and vehicular movement may impact the residential component of the proposed building. No other matters of provincial interest are applicable to the application. 8.0 STAFF COMMENTS 8.1 Noise Control Studv 8.1.1 The applicant c:ubmitted a Noise Control Study in support of the application. It identified residential dwellings on Oatley Court and at 266 King Avenue East as points of reception from the potential noise from the proposed development. Potential sources of noise from the proposed development that could impact the residential properties include the following: . . high pressure washers . water impacting on vehicles . audible warning signals . vacuum stations . vehicles entering and exiting the site. . idling vehicles and stereo equipment . occasional barking dogs 8.1.2 To reduce the impact of noise from the proposed development the following items were recommended and will be considered for inclusion in the site plan agreement: . restrictions on the sound emission levels for the vacuum cleaners . incorporation of visual warning signals rather than audible warning signals . warning signs prohibiting the use of loud stereos . staff supervision during the facility's peak hours of operation and the use of security cameras and microphones during off-peak hours limiting the dog wash hours from 9:00 a.m. to 9:00 p.m. to reduce the potential of nuisance type noise due to dogs barking early in the morning and late at night 8.1.3 The Noise Control Study concluded that the predicted sound levels meet the Ministry of the Environment guidelines for the residential properties on Oatley Court, but are exceeded for the property located at 266 King Avenue East. The study recommended that a 3.0 metre high sound barrier be erected along the east property line to bring the predicted sound levels to an acceptable level for the adjacent residential dwelling. The study indicated that if the property located at 266 King Avenue East was to be developed for a commercial use in the future, there would be no need for the 3.0 metre high sound barrier along the east property line. As 266 King Avenue East is designated "Strip Commercial Area" within the Newcastle Village Main Central Area Secondary Plan, and zoned "General Commercial (C1) Zone" within Zoning By-law 84-63, the potential for commercial development on this site is high. The property owner of 266 King Avenue East has submitted a letter agreeing to a reduction in the height of the 624 I I I I I I I. I I I I I I I I I I I I REPORT NO.: PSD-144-05 . PAGE 5 noise barrier from 3.0 metres to 1.8 metres to be more in keeping with the existing residential use of the property. 8.2 Urban Desian Principles 8.2.1 The applicant has made changes to the layout of the site and building elevations to ensure compliance with the design principles contained in the Official Plan. The refuse collection area has been relocated from the parking area to an internal location at the rear of the building. The east, west and south building elevations of the southerly building have been improved as these elevations will be highly visible due to the close proximity to King Avenue in comparison to structures on adjacent lands. 8.2.2 The applicant has also agreed to protect for future shared access with the property loca+;~d at 266 King Avenue East. A condition will be incorporated in the site plan approval, to ej"l~ure that an easement will be registered on the subject property in favour of the property to the east once that property develops for a commercial use. 8.3 Zonina In order to facilitate the proposal, the car wash use (motor vehicle wash) is included in the proposed by-law (Attachment 2). It was also necessary to reduce the interior side yard setback of 1.25 metres and rear yard setback of 5.0 metres contained in the "General Commercial (C1) Zone" to 1.2 metres and 3.0 metres, respectively. The number of loading spaces has also been reduced from one (1) to zero (0). Staff deems it appropriate to delete the requirement for the loading space as the proposed use will not require large trucks to enter the site for deliveries, and if required, deliveries can be scheduled to occur during off peak hours. 9.0 CONCLUSIONS 9.1 The application has been reviewed in consideration of the comments received from the circulated agencies, the public, the policies of the Clarington Official Plan, and the Zoning By-law regulations. In consideration of the comments contained in this report, Staff respectfully recommends that the proposed Zoning By-law amendment contained in Attachment 2 be passed by Council. The By-law has an (H) Holding symbol. Said symbol would be removed by By-law at such time as the applicant had satisfied the policies of the Clarington Official Plan including' the execution of a development agreement. Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law Amendment 625 REPORT NO.: PSD.144.05 PAGE 6 I I I I I I I I I I I I I I I I I I I Yusuf Moolla, Moolco Investments Incorporated Ray Abbott, Abbott Drafting & Design James Graham Jana McDougall 626 I AttaCtlment ~ To Report #PSD-144-( I EXISTING RESIDENTIAL I ~<f-- "'11~ . --'..'"( ~~ -xo.... _ I I ~ E"'1t"~ ;Jp.f~ - IZfiJ. ~"""~'_. DOG .... LooIr. fl""....~ , ~"""O _Wlr- E ..q ~ I~ P7 ~ _ -..to .....u..:"""_) .....11 ___ . "'.: , , IUI$t..1 ~t 1-___: ,----, : ' , , , , , ' t-.1 L____. I , I EXIST_ I I WORKSHOP : , , !-________--J I N N i I " ,," ~ " ...'<' ~..,. " aOZl .e .. I ,,'" ...' ~ ~ ~+ ...' ",'" ':i e "' 1 If e z ~ .. x . ~ . I Lts.4r r='><1Ul2''-'";) ~.~..,..,....... F..Ll.._""....",(..~1 ~~Pl.J~ ~~t~). : 1-------, , I I I I EXI$tING I .l~:'.-. I Ir'ZM I I 1---' 1_ ___ _I ~ ~'" ~ & .::,<1:; ~'v- ,<S ~ I C4fII PAIlIWtG tll:SIGNATED fOIl! COMNERCiAl USE I BUlLDrNG B III floor . commtreial 2... ftoor. corti..... ...- ~ "" c;' e ~ G' .. ze- t:"t~ e...:-.e.~_".... P~~.iF. I- . T-.- ....."... J.a-., " .-.~.~#i' rJ . . I I ~" ~~~~ I KING AVENUE EAST I I Newcastle Key Map M. ZBA 2005-014 Zoning By-law Amendment SPA 2005-021 Site Plan Application I I I Owner: Moolco Investments Incorporated I 627 Attachment #: To Report #PSD-1441~ BY-LAW NO. 2005- I I I I THE CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to permij the 'development of a motor vehicle wash facility ZBA 2005-014; BY-LAW read a third time and finally passed this day of 2005 I I I I I I I I I I I I I I NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "Special Exceptions - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.48 as follows: "SECTION 16.5.48 GENERAL COMMERCIAL EXCEPTION (C1-48) ZONE" Notwijhstanding the provisions of Sections 3.13, 16.1, 16,3ii} and 16.3.iv}, those lands zoned C1-48 on the schedules to this By-law may also be used for motor vehicle wash and shall be subject to the following zone regulations; i) Interior Side Yard ii) Rear Yard iii} Number of Loading Spaces 1.2 metres 3.0 metres o 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-iaw shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 John Mutton, Mayor Patti L. Barrie, Clerk 628 I I I I I I I I I I I I I I I I I I I This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. . I I , '_'---'_'_.~ .--1- -. I ,n_-, i : ' ~J L____: I' I O:~ I L__=_-.l I I I I I , , ~i 1-___, ~o -i' ",11:-4; b ,,~~ ~ ,"J'" 6' ~+ ~ ~ , : = . . . . . ~ ,l ~'" v ~ .p" s , .v <J e <f" o , ~h""~ . KING AVENUE EAST , ----.---1..". ILZ?Zl Zoning Change From "C1" To "(H)C1-48" J John Mutton, Moyor Petti. L. Borrie, Municipal Clerk ~ W 0: >- '" >-' '" i~~5ffi1 !: 0: o Z NEWCASTLE MEMORIAL PARK -' -' " ~~~" ~~, Newcastle ~RME~ DRIVE ~ $ ~WI m>-mo:l '" 0 z " ~ ~ ~ BLOOM AVE ",R=J," :5 <i .1 I I I II c:: 629 I I I I I I I I I I I I I I I I I I I ClwiUglOn REPORT PLANNING SERVICES Meeting:. GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #:. PSD-145-05 File #: ZBA 2005-052 By-law #: Subject: ;APPLlCATION FOR REMOVAL OF PART LOT CONTROL OWNER: MAPLE WOODS LAND CORP. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-145-05 be received; 2. THAT the request for removal of Part Lot Control with respect to Lots 16 and 24 inclusive on Registered Plan 40M-2265 and Lots 1 to 9 inclusive, Lots 12 to 17 inclusive and Lots 19 to 25 inclusive on Registered Plan 40M-2278, be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Reviewed byO<<..9.....J? y.- .~ Franklin Wu, Chief Administrative Officer Submitted by: D vid . Crome, M.C.I.P., R.P.P. Director of Planning Services BMR*CP*DJC*lw*df November 28, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-0830 630 REPORT NO.: PSD.145.05 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 1.1 1.2 1.3 2.0 2.1 2.2 2.3 3.0 3.1 3.2 4.0 4.1 APPLICATION DETAILS Owner: Applicant: Location: Maple Woods Land Corp. George Smith Real Estate Law. Part Lots 13 and 14, Concession 2, former Town of Bowmanville, Plans 40M-2265 and 40M-2278 (Attachment 1). BACKGROUND On September 22, 2005, Staff received a request from George Smith Real Estate Law for the removal of Part Lot Control with respect to lots 16 and 24 on Registered Plan 4OM- 2265. Draft Plan of Subdivision 18T-87085 received draft plan approval for 25 single detached dwellings, and 24 semi-detached dwelling lots (48 units). Registration of Phase I, 40M- 2265 was completed on August 19th, 2005. The relT!oval of Part Lot Control would facilitate the construction of four linked dwelling units. Lots 16 and 24 are the only lots approved as semi-detached homes within Phase I. The application for Exemption from Part Lot Control was revised in October to include the Phase II lands. Phase II is comprised of three (3) single detached dwellings and 22 lots for semi-detached or link dwellings. Plan 40M-2278 was registered on October 28, 2005. The removal of Part Lot Control for Phase II would facilitate the construction of 44 linked dwelling units. COMMENTS Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. RECOMMENDATIONS In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a three (3) year period following Council approval, ending December5~,2008. . 631 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD.145.05 PAGE 3 Attachments: Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2: By-law for Removal of Part Lot Control Attachment 3: Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Diana Chambers, George Smith Real Estate Law Hannu Halminen, Maple Woods Land Corp. Regional Municipality of Durham Planning Department 632 Anacnment 1 To Report PSO-1451 L 0 T 1 3 I . P A II T '. , I 1m . , . , . . . I 8L00::30 z I < " . Bl.0CK 32 I -.-,~IIIII!! """'" 11 ,. , ~ . < I . L 0 T 1 4 ~, I '% I ~ I, 0 " . , I . . . z I J < " . I c 0 N C E S S 0 N 2 Bowmanville Key Map I v_ ZBA 2005-0052 I Lands Affected By Part Lot Control ,..--~ I '- _ _ -' 40M-2265 C : :J 40M-2278 . I Owner: Maple Woods Land Corporation I 633 I I I I I I Attachment: To Report PSD-145-O! CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to exempt certain portions of Registered Plan 40M-2265 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control Lots 16 and 24 on Registered Plan 40M-2265, registered at the Land Registry Office for the Land Titles Division of Newcastle; I I I I I I I I I I I I I I NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: , 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law. 2. That this By-iaw shall come into effect upon being approved by the Municipality of Clarlngton and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands: a} Lots 16 and 24 on Registered Plan 40M-2265 b} Lots 1 to 9, Lots 12 to 17, and Lots 19 to 25 on Registered Plan 40M-2278 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3} years ending on December 5"', 2008. 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 634 Attacnment ; To Report PSD-141' PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Semi-Detached - 2 Semi-Detached - 2 Units - 4 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 19 Lot 20 Lot 21 Lot 22 Lot 23 Lot 24 Lot 25 TOTAL Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Semi-Detached - 2 Units - 44 No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase No increase I I I I I I I I I I I I I I 635 I I I I I I I I I I I I I I I I I I I UNilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5, 2005 Report#: PSD-146-05 File #: COPA 2004-005 By-law #: Subject: PORT DARLINGTON WATERFRONT PARK - CONCEPTUAL MASTER PLAN DESIG::ATION OF WETLAND AS PROVINCIAllY SIGNIFICANT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report to PSD-146-05 be received as inf9rmation; and 2. THAT all interested parties listed for this report and any delegations be advised of Council's decision. dP~ Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services a J. Crome, M.C.I.P., R.P.P. Director of Planning Services o~~ Reviewed by: Franklin Wu, " Chief Administrative Officer FUDJC/df 23 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-0830 636 1.3 The purpose of this report is to alert Council to the change in status of the wetland to a Provincially Significant Wetland (PSW). Staff will review the implications of this change with CLOC and other approval agencies. I I As reported to General Purpose and Administration Committee on November 1, 2004 I (Attachment 1) staff had developed a conceptual master plan for the Port Darlington Waterfront Park. The Master Plan covers both the East Beach Area and West Beach I Area. The conceptual master plan, was approved by Council at its meeting of November 8, 2004. Council amended the East Beach Portion of the master plan at the meeting of November 14, 2005 (Attachment 2). I I I I I I I I I I I I I I I PAGE 2 REPORT NO.: PSD-146-05 1.0 1.1 BACKGROUND 1.2 Since approval of the conceptual master plan in November of 2004 the Ministry of Natural Resources has re-evaluated the marsh area. We recently received notification (Attachment 3) from MNR that the update has resulted in a name change from Port Darlington We-,Iand to Bowmanville Coastal Wetland Complex and change in status from locally significant to provincially significant. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - EGD-50-Q4 Amended East Beach Portion of Master Plan Letter regarding designation as PSW from MNR Interested parties to be notified of Council's decision: Glenn Ransom Maria and Alvarina DeLemos Cauchon/Abugara Port Darlington Harbour Company Port Darlington Community Association Kevin Taylor Rose Savage Scott Lumley Chris Williams Stephen Waque Shane Raymon 637 I' ~n I I Meeting: I Date: I I RECOMMENDATIONS: I I 1. I 2. I 3. I I I I I I ASC/PW/jo I I To Reports PSD-146"( REPORT ENGINEERING SERVICES GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, November 1, 2004 Report#: EGD-50-04 File#: By-law #: Subject: PORT DARLINGTON WATERFRONT PARK - CONCEPTUAL MASTER PLAN It is respectfully.recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Council approve in principle the Conceptual Master Plan for Port Darlington Waterfront Park near the mouth of Bowmanville Creek. THAT staff proceed to obtain input from the public on the Conceptual Master Plan THAT staff include the implementation of Phase 1 of the Port Darlington Waterfront Park for consideration in the 2005 capital budget and forecast. dtta~ ~ Submitted by: AS. Cannella, C.E.T.' Director of Engineering Services v . Crome, MCIP, RP.P. Director of Planning Services ..... n . ," " ,.. "J ,-..J . Ceu-;L, _':'JJ.,j t'l Reviewed by: Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L lC 3A6 T 905-623-3379 F 905-623-0830 638 REPORT NO.: EGD-50-04 PAGE 2 1.0 INTRODUCTION In July 2000, Council approved a Land Acquisition Strategy for the Municipality of Clarington and subsequent updates in May of 2002 (PSD-044-02) and June of 2004 (PSD-Q93-04). A Financial Analysis was prepared to evaluate the financial viability and funding sources for the Land Acquisition Strategy (Report PSD-043-02). The Financial Analysis report concluded that acquisition needed to be scheduled over a 20 year period. Since, that time a number of properties have been obtained and we now have sufficient lands to begin some development of the Bowmanville waterfront for parkland. Council has since June of 2004 approved the acquisition and/or expropriation of the lands necessary to develop Phase 1 of the Port Darlington Waterfront Park on the East Beach. To prov:";a Council with a vision of what the final build out of the park development would look like, Engineering Services ha~ had a conceptual master plan prepared for all of the lands identified in the Acquisition Strategy regardless of the land acquisition timing priority. . From this conceptual plan the Phase 1 development plans can be developed for implementation in 2005 or 2006 subject to funding. 2.0 OVERVIEW OF THE WATERFRONT STRATEGY. The Clarington Waterfront Strategy (1993) was prepared to provide a longcterm vision for Clarington's waterfront. The Strategy identified, among other things, the lack of active and passive/recreation opportunities along the waterfront. Much of the Lake Ontario shoreline was impeded by large land owners, such as 5t. Marys Cement, Cameco, Darlington Nuclear Generating Station, Wilmot Creek Retirement Community and large agricultural operations. To provide more public open space the Strategy identified three district parks, one in each of the three Urban Areas, focal nodes and areas of interest along the waterfront. District parks in Newcastle Village and Bowmanville were centered around the existing harbours. The district park for Courtice was identified. at the bottom. of Courtice Road. Two passive recreation areas were identified, one around the Wilmot Creek hi Newcastle and the other around .Bowmanville Marsh in Bowmanville. The Waterfront Trail, focal nodes, and areas of interest associated with the trail will be contained within agreenway of linear parks along the waterfront. (See Attachment 1) The recommendations within the strategy provided the basis for waterrront policies in the Clarington Official Plan, adopted in .1996. In the Clarington Official Plan the district parks are identified with District Park symbols, and the greenway as 'Waterfront Greenway" or in some instances "Environmental Protection". 639 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: EGD-50-04 PAGE 3 3.0 PROGRESS OF THE BOWMANVILLE WATERFRONT LAND ACQUISITION AND PARK PLANS 3.1 Overview . In 1999, approximately 45 hectares (111 acres) of land in and adjacent to the Bowmanville and Westside Marshes were secured by the Municipality of Clarington as a. result of negotiations with Blue Circle Cement (now St. Marys Cement) to save a portion of the Wests ide Marsh. These lands were subsequently transferred to Central Lake Ontario Conservation Authority. A management plan is being prepared jointly by the Municipality and CLOCA to ensure the ecological functions of the marshes are not lost as a result of future quarrying by St. Marys Cement. The plan will also provide . opportunities for passive recreational uses. The residents and Council were recently invited ~n a tour in the summer of 2004 to view the works which are nearing completion. The Municipality :eases a portion of the Bowmanville Harbour Conservation Area from CLOCA. A Conceptual Plan was prepared in 2000 which recommends improvements to the boat launch, parking lot. Waterfront Trail and fish cleaning station. New play areas and a lookout are also proposed. The improvements total $1.14 million dollars. One third funding has been approved in the SuperBuild program. The implementation of these improvements are contingent on receiving the balance of funds in the 2005 capital budget. . . A District Park is designated at the mouth of the Bowmanville Creek for both the east beach and west beach. The Port Darlington Harbour Company (PDHC) currently owns the lands on both the east and west of Bowmanville Creek. The Municipality has been in negotiations with PDHC for sometime. The PDHC lands on the East Beach are included in the long-term acquisition strategy however at this time acquisition is not crucial to the first phase of park development. In addition, accommodating marine industry in Bowmanville Harbour is desirable from both economic and public interest aspects (e.g. an active waterfront is. desirable). The Municipality has been acquiring lands on the south and north side of East Beach Road to provide for sufficient depth to the park and ancillary facilities such as parking and washrooms, etc. As such, the Municipality has prepared a design concept that can be phased in overtime and in relation to which lands will ultimately be publicly accessible. In addition, funds should be allocated in the capital budget to begin implementation such as grading, parking, seating and some plantings. . 3.2 Waterfront Trail The Waterfront Trail is generally located within the Waterfront Greenway and links the District Parks, focal nodes and other areas of interest together. The total length of the trail is 31 kilometers (19 miles). Opportunities to move the trail off road and closer to the water are sought through development of lands, or by other means such as leases and licenses agreements. For the "Waterfront Greenway", in the Clarington Official Plan the intention was to have the Waterfront Trail integrated within the open space on the lake side of the roadway. 640 REPORT NO.: EGD-50-04 PAGE 4 3.3 Bowmanvil/e/Westside Marshes Management Plan CLOCA and the Municipality. have been working on a Management Plan for the Bowmanville and Westside Marshes since 2001; as part of this plan a report regarding the dynamic beach and how it should be managed in the West Beach Area has been prepared. The draft report recommended that "Due to the extreme severity of the hazards (i.e. potential loss of life)" CLOCA and the Municipality continue with the long term acquisition strategy of this area. In addition, the recreational activities recommended for this West Beach and Bowmanville Marsh are passive in nature and promote the restoration of the dune area along West Beach to maintain the barrier between the lake and marsh.. . 3.4 Conceptual MaSlf7f Plan for Port Darlington Waterfront Park A Conceptual Master Plan has been prepared to provide a VISion for the future development of the waterfront in Port Darlington. The physical barrier of the Bowmanville Creek divides the park into two dfstinct sides. Each side presents different opportunities for park development. The West Beach side contains the marsh and a sand beach with level access to the waters edge. The East Beach side has a shoreline that is elevated from the waters edge and existing uses such as the marina, condominiums, and Bobby C's restaurant.. The Conceptual Master Plan takes advantage of the physical features of each site to cre.ate a district park that will provide a variety of recreational opportunities for residents of Clarington and beyond. 3.4.1 East Beach Side (Attachment 2) The east side of the creek would contain the active use areas of the park. It is proposed that a large central gathering node be constructed near the waters edge at the south extension of Port Darlington Road. This space would be used for special events such as concerts in the park, fireworks displays, art exhibits, etc. A nautically themed children's playground, water play area,. washroom building, and concession stand are also proposed for this portion of the park. Open green spaces would be provided for picnicking or informal play. The Lake Ontario Waterfront Trail would pass through this section of the park. . Initially when the Secondary Plan for Port Darlington was being developed (1992) it was assumed that there would be adequate room south of the existing East Beach Road for the district park development; however, detailed development of the park plan and an examination of the existing and potential road alignments have yielded a much more usable park space, that will accommodate the anticipated activities in the park by shifting the road to the north. 641 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: EGD-50-o4 PAGE 5 Because the surrounding land is higher than the lake, direct access to the waters edge is limited on the east side of the creek. Walkways and waterfront lookouts would be constructed parallel to the lake along the top of the bank. Steps down to a waters edge platform would be constructed. A small beach at the west end would provide direct access to the waters edge. The architectural features throughout Port Darlington Waterfront Park, including buildings, shelters, lights and site furniture would be designed to match the architectural style of Victorian era Port Darlington. It was during this period that Port Darlington was an active summer resort. The activity and vitality of the east portion of the park would complement the existing residen:ial, commercial, and marina uses just north of the park. Clarington's Official Plan includes a \i:l~sge Commercial block along the south side of the Regional Water Treatment plant. This block could be developed with shops, artisan's studios and restaurants. The village commercial buildings would also screen the view of the Regional Plant from the park and provide the opportunity to create rooftop patios overlooking the lake.' . 3.4.2 West Beach Side (Attachment 3) The proposed parkland on the west side of the Bowmanville Creek will be much more passive in character and will complement the beaches and marshes that dominate the landscape on the west side. The sand beach will be the main attraction of the west beach portion of the park. The north edge of the west beach portion of the park will include nature trails along and through the marsh as well as interpretive signage and opportunities to launch non-motorized boats and canoes in the open water of the marsh. A waterfront promenade and waterfront lookouts are proposed along the north edge of the beach. Beach volleyball courts could be constructed between the beach and marsh. The volleyball courts could be used for informal play or programmed tournaments. Since the washrooms and playground on the east beach side are not easily accessible to the west beach it is proposed that a washroom building and .children's playground also be constructed on the west beach side of the park. This area would also provide a neighbourhood park function for residents. The Bowmanville Creek is a barrier to' pedestrians moving between the east and west portions of the park. The number and size of boats entering and leaving the lake at the mouth of the creek would make building a bridge at this location very difficult and expensive. This master plan proposes a boardwalk that connects the west portion of the park to the marsh trails on CLOCA's land. Pedestrians would follow the marsh trail north and cross the' creek at a proposed bridge to the . Bowmanville Waterfront Recreation Area that is scheduled to be built in 2005. A bridge at this location is not currently part of the 2005 project. Including a bridge in the project would create a more direct pedestrian connection between the east and west portion of Port Darlington Waterfront Park and between the Bowmanville Waterfront Recreation Area and Port Darlington Waterfront Park. Using a barge to transport people from the west beach to the east beach as was done in the early 1900's is also an option. 642 REPORT NO.: EGD-50-04 PAGE 6 4.0 CONCLUSIONS AND RECOMMENDATIONS 4.1 The framework to create publicly accessible waterfront has been established in the Clarington Waterfront Strategy, Clarington Official Plan and the Land Acquisition Strategy. The financial analysis provided a timeframe for the acquisition of waterfront lands and the financial means to acquire such lands. The acquisition of waterfront land was identified by Council as a priority, the timeframes established in the various strategies and studies have guided staff in their recommendations to Council and land acquisitions. We are now at the point where some development of the Port Darlington Waterfront Park is possible. 4.2 At thiEi time it w~~Jd be prudent for Council to approve in principal the Conceptual Master Plan for Port Darlington Waterfront Park so that the first phase of development can be carried out within a future context for further acquisitions and phases of development. While it is desirable to have public input prior to Council endorsement of a park master plan. staff is seeking Council endorsement at this time as the Masterplan . has an impact on private property and prior to meeting with the Port Darlington Community Association. 4.3 The first phase of development for the district park is conceptual only and will have to be detailed prior to construction. A cost estimate for the development of the detailed design and construction will submitted for consideration in the 2005 Capital Budget. If . approved. the project could be started in 2005 or 2006. Attachments: Attachment 1 - Attachment 2 - . Attachment 3 - Map of Active and PassivelRecreational Areas in Clarington East Beach Plan . West Beach Plan 643 I I I I I I I I I I I I I I I I I I I , , , I,,' i~: . ....ll3l;;i II - ~ ., i :'1 . -"oJ t'T. :~~ w } ~I , ) ) ,.~ N~. ~, ~ 'i ...... 11~ '" I '"'- 'I i I~ _,J '1,./' ~ \iJ..:.u, _:?:,,, .', ~h.. I ....",. ______. i' ~~:l!...Jl...... I \ II ) ....-:r), k., l3NifIi '-. 1'/ II_ I i--.ri : '1\' ,." ! ''"000.-:: ,--:: '" j! ~ 11 ~! ~~-, II ~ ~,. .~...., II J'~ ~ I ~') j;." "~~il I !A'f'd ' I" '\. ~ I ~-~i I ~1 II 'J i: "'" ,-. I- I; .u F-, ~~ \/" If ;:li --- -',r la lin1 I.~. .l~ ::~~" ~~J' , /i' I I j '/ /l I r-;. - -..~ L ? i.. I IR ~ 1 I. I ~; '0- [~:' 'I. ! ~!i ~ ~ :~0cI '--",=< . ~''''lol: \. \ :-r.... '.J-- ~~ "~.S"IiocMIlII' lallo...~ i; ,,~ r '! ~\.. - "; 5IWOiiI \ 1 :: f \ :I--=-;~... I l. ! I -.j~ n ~.~ ;'11 _,i ~:' "~ ,,,,.. ~. r:" . , '"c ~ ~' . \' . I I I h~~. I ! \ \ I ) I , , I . I .... :' ~.~ ;' . .. 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I I I :::s::: cr:: <( D- I-Z Z ::s zl OCLO cr:: f- . lL. a::: ~I rvWa:::: IL.L~<{ o ~ ~ 011 <(<(~LL ~ 5: 0 >- ~ -I f-I (f)Z<(:;i <( O::l D- W I- 6:: u. · GW Z ZO::J -Z:;;: ~8 I <( ~ I cr:: ~ I . I . . . . . J " ~ ~;: 11 8 , I=~ t ~ ~ ~~ 8 ....0.01 o::!'!'O I I ~""~ ~50::; .. . , . 647 I I I I I I I I I I I I I I I I I I I To Reports PSD-146. ";." ~ Ontario Ministry of Natural Resources Southern Region Aurora District Office 50 Bloomington Road West Aurora, ON L4G 3G8 Ministere des Richesses naturelles November 3, 2005 r-.-,.... ~ ! r'-rr'~F'''' . . ,f I., ."j /; ,/l:.".' 'Y'>.~scJ & Jl7D): I ~ -';' -, r .~ I I...; U J 2005 . I / I David Crome Dire~or of Planning Services Municipality of ~;arington 40 Temperance Street Bowmanvi/le, ON L 1C 3A6 ._<.~ '-I"OF "", CLAIlI' ! c,.,',.;;,;".,., ,"r. IVGJON " ----c::.:2Y.',...qllT,1,,'ENT Dear Mr. Crome: The Ministry of Natural Resources, Aurora District has carried out an update of the Bowmanville Coastal Wetland Complex., This complex was formerly known as the Port Darlington Wetland and was evaluated in 1984. As a result of the update, the status of the wetland cC;l1plex is now changed from locally significant to provincially significant. Enclosed are the summary report, scoring record and wetland community map for the wetland complex. If you have any questions on this wetland complex, please do not hesitate to contact Steve Varga at 905-713-7370, email: steve.varaa@mnr.aov.on.ca or Emma Followes at 905-713-7369, e-mail: emmaJollowes@mnr.aov.on.ca. or FAX: 905-713-7360. The digital layers for the wetland complex can be made available on request. Sincerely, ,L~ t:. ~~ (:c". T.C. Smith District Manager Aurora District 648 ------- uq 0 JPlf npn @ t " ~ [1 Q ~J! I!l If fIt H I n I!l l, It, [i (1 ~ I .l ff~ t rJ 0 r{ · J~ .~ B ~d if j J idl .. . i -+ It Itt .~ i[ :J I I ~ . f.~ P t"'"t' i ! 1 i!m d ii OJ iiI ru t' . ! . ..., i ! I I~ .! lr~ !i ru -. ! l~ III a 0 [rf f ~t ~ I I~ Ir . I"'" I f)(,n~, ,,':l~ ;; " f~[iiS. ,,"':l~ i: . ro. v? - ~ ! il. ! ~ i ... = .. Ii ~ lb " ~ tP " .. g. 'G: . I I I I I I I , " . '. , , , :----.-.-................. .........\.. ....................-- 649 I I I I I I I I I I I I I I I I I I I C!![-i!Jgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5, 2005 Report #: PSD-147-05 File #: S-0-2004-03 By-law #: Subject: WITHDRAWAL OF APPEAL TO DRAFT PLAN OF SUBDIVISION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee approve the following forthwith: 1. THAT Report PSD-147-05 be received; 2. THAT the appeal filed by the Municipality of Clarington with respect to City of Oshawa decision to grant draft approval to proposed plan of subdivision S-0-2004- 03 be withdrawn; and 3. THAT a copy of Committee's decision be forwarded to the City of Oshawa and the Region of Durham Planning Department. S"bm_bY'~ . J C__. M~JP. RPP Director of Planning Services 4{l~ Anthony S. Cannella, C.E.T. Director of Engineering Services Reviewed by: Cl MJs -'::kht. Franklin Wu, Chief Administrative Officer CP*DJC*sh*df November 28 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 650 REPORT NO.: PSD-147-05 PAGE 2 1.0 BACKGROUND 1.1 On October 17. staff received Notice of Decision from the City of Oshawa to Draft Approve Proposed plan of Subdivision application S-0-2004-03. The application was for lands abutting the west side of Townline Road between Adelaide Avenue and Taunton Road. The conditions of approval did not address Clarington Council's previous resolution of June 2005 in providing comments on the subject application which requested; the City and the applicant assume and accept 100% of the costs of street illumination and/or sidewalk improvements that are deemed necessary on rownline Road North as a result of this development including all future maintenance. Discussion with City staff following the issuance of the Notice did not achieve a satisfactory resolution to the issue. 1.2 At a meeting held on October 24, 2005 Council passed the following resolution: "THAT staff be authorized to appeal the decision of the City of Oshawa to grant draft approval to Plan of Subdivision application S-0-2004-03 on the basis that the City of Oshawa has not agreed to assume and accept 100% of the costs of street illumination and/or sidewalk improvements that are deemed necessary on Townline Road North as a result of this development including all future maintenance." 1.3 An appeal was filed on October 25, 2005. Following receipt of the appeal the Director of Engineering Services for the Municipality of Clarington and the Director of Engineering for the City of Oshawa further discussed the issues of concem to Clarington. On November 14, 2005, a satisfactory agreement was reached with the City of Oshawa with respect to the issues forming the basis of the appeal. 1.4 The City of Oshawa confirmed that the City's development charge background study provides for streetlighting improvements along Townline Road in this area. The study assigns 80% of the cost of the new lights as growth related and 20% as a benefit to existing residents. On that basis it was agreed that the expense of the street lighting benefiting existing residents would be split evenly between the two municipalities. Based on an estimated capital cost could of $40,000 for the installation of the streetlights, Clarington's contribution would be approximately $4,000. This would be subject to obtaining budget approval, consistent with the Boundary Road agreement. It was further agreed that maintenance costs would be evenly shared, 50/50. 1.5 Sidewalks are not being installed on this section of Townline Road at this time. It was agreed that sidewalks are a need and function of each Municipality, and capital cost and maintenance related to sidewalks should be borne by the respective municipality once a warrant for the sidewalk has been established. 651 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-147-05 PAGE 3 1.6 The boundary road agreement is currently being further reviewed to address these issues. By amending the current agreement the issues triggering the appeal should. not affect future development approvals along Townline Road. 2.0 RECOMMENDATION 2.1 In consideration of the commitment by the City to pay for 100% of the growth related cost of installing streetlighting on this portion of Townline Road, and 100% of the costs of future sidewalks that may be warranted as a result of the approval and construction of this subdivision application, staff recommend withdrawing the appeal to the decision to draft approve the plan of subdivision. 652 I I I I I I I I I I I I I I I I I I I Clill#]gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5, 2005 Report #: PSD-148-05 File #: COPA 2004-004 DEV 91-003 and, 18T-90051 By-law #: Subject: PROPOSED OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION TO PERMIT 389 RESIDENTIAL UNITS, A PARK BLOCK AND AN ELEMENTARY SCHOOL BLOCK APPLICANT: WED INVESTMENTS LIMITED (THE KAITLlN GROUP L TD) RECOMMENDA nONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report PSD-148-05 be received; 2. THAT the application to amend the Clarington Official Plan being Amendment No. 47, submitted by WED Investments Ltd be APPROVED as contained in Attachment 4; 3. THAT the Plan of Subdivision 18T-90051, submitted by WED Investments Ltd. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 5; 4. THAT the application for Zoning By-law Amendment Dev 91-003 submitted by WED Investments Ltd. be partially APPROVED as contained in Attachment 6 and that the zoning for Block 154 be referred back to staff for a subsequent report at such time site details are available; . 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 the Durham Region Planning Department be forwarded a copy of this report and Council's decision; and 653 REPORT NO.: PSD-148-05 PAGE 2 I I I I I I I I I I I I I I I I I I I 7 . THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D' vi . Crome, M.C.I.P., R.P.P. Director of Planning Services CS/CP/DJC/df/lw/sh 30 November 2005 ''''''. f) _ LJ~q~L Reviewed 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)623-0830 654 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-148-05 PAGE 3 1.0 APPLICATION DETAILS. 1.1 Owner: WED Investments Limited (The Kaitlin Group Ltd.) 1.2 Applicant: Kelvin Whalen 1.3 Clarington Official Plan Amendment: To amend Map A3 by relocating the Medium Density symbol, north of S~l'eet "A" (extension of Aspen Springs Drive) and to relocate the Public Elementary Symbol and Neighbourhood Park Symbol to the south side of Street "A", -;'0 amend Table 9-2 by increasing the housing targets for the Darlington Green Neighbourhood from "1000" to "1175", reducing the Low Density units from "700" to "675" and increasing the Medium Density units from "175" to "375" and adjusting all other corresponding totals. To amend Map E2 by increasing the population target from the Darlington Green Neighbourhood from 2800 to 3200. 1.4 Plan of Subdivision: 389 unit residential plan of subdivision consisting of 144 single detached dwelling, 44 street townhouse units and a 201 unit medium density block, a park block and a public elementary school block. 1.5 Zoning By-law Amendment: Amend the current zoning on the lands from "Agricultural (A) Zone to an appropriate zone to permit the development. 1.6 Site Area: 19.028 hectares (47 Acres) 2.0 LOCATION 2.1 The subject property is located on the south side of the St. Lawrence & Hudson Railway, west of Green Road and 230 metres north of Baseline Road, being Part Lot 17, Concession 1, in the former Township of Darlington (see Attachment #1). 3.0 BACKGROUND 3.1 Applications for Plan of Subdivision and rezoning were originally submitted in January 1991, as well as an application for Official Plan amendment to expand the Bowmanville Urban Area boundary. Following the adoption of the Clarington Official Plan in January 655 REPORT NO.: PSD-148-05 PAGE 4 I I I I I I I I I I I I I I I I I I I 1996, Council approved a recommendation in April 1996 to include the site in the Urban Area boundary. In 1997 a revised draft plan was submitted in conformity with the new Clarington Official Plan. However, a related Clarington Official Plan amendment was submitted to deal with discrepancies between the proposed draft plan and the designated transportation network, being the alignment of the collector road now referred as Aspen Springs Drive. 3.2 There have been many submissions for Plan of Subdivision 18T-90051 with different designs. Prior to the current proposal, the submission had shown the public elementary school site and neighbourhood park adjacent to the railway (Attachment 2). As a result of ccmcerns from the Kawartha Pine Ridge District School Board regarding safety with the location c.~ the elementary school, and from Clarington Planning and Engineering staff with respect to proximity to other neighbourhood parks; one located north of the railway west of Green Road and in the other in an adjacent registered plan of subdivision, located east of Green Road and south of Aspen Springs Drive. The plan was revised again. 3.3 On July 20th, 2004 Staff received an application to amend the Clarington Official Plan to change the location of the Medium Density, Neighbourhood Park and Public Elementary symbols as well as to change the housing target and population target for the Darlington Green Neighbourhood. A revised Plan of Subdivision was also submitted showing 390 unit residential plan of subdivision, consisting of 130 single detached dwellings, 63 street townhouses and 197 unit medium density block on the north side of Street "A" and a public elementary school and a park block on the south side of Street "A". 3.4 The current Official Plan amendment application COPA 2004-004, was submitted after many discussions between representatives of the Kawartha Pine Ridge District School Board and WED Investments and Staff. The proposed Official Plan amendment is requesting the relocation of the medium density symbol north of proposed Street "'A" (Aspen Springs Drive) and the Neighbourhood Park symbol and Public Elementary School symbol south of the Aspen Springs Drive. (See Attachment 3) The most recent Plan of Subdivision submission dated, October 2005 shows 389 residential units consisting of 144 single detached dwellings, 44 street townhouse units and a medium density block comprising of 201 townhouse/apartments units in addition to the school and park blocks. 3.5 Supportina Documentation The applicant has provided documentation to support the' previous submissions, including a conceptual servicing plan and on-street parking plan, a Noise Report, and Functional Servicing Report. The conceptual servicing plan, functional servicing report and on street parking plan were deemed satisfactory. The Noise Impact Report recommends that an updated study be conducted once the grading plans and building plans are available for Block 154. Noise fencing, ventilation requirements and warning clauses to be included in the subdivision agreement will be 656 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-148-05 PAGE 5 detailed at that time. Mitigation measures for blocks backing onto the medium density block need to be re-assessed once the details of Block 154 are available. 4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 4.1 The subject site is currently vacant. A drumlin (a hill comprised of glacial deposits) provides for steep grades. The majority of the drumlin has been re-graded to accommodate development in 40M-2240. 4.2 Surrounding Uses North South - East St. Lawrence and Hudson Railway and the Clarington Corners subdivision Vacant land and a single detached dwelling i~"w single detached dwellings and the new Aspen Springs Catholic Elementary School which are currently under construction Vacant, one single detached dwelling West 5.0 PROVINCIAL POLICY STATEMENT 5.1 The applications are consistent with the Housing Policies contained in Section 1.4 of the 2005 Provincial Policy Statement. Planning authorities are required to provide for a range of housing types and densities within a ten year supply of lands which are designated; and a three year supply of zoned and services lands within draft approved and registered plans. Land and housing supply is based on, and reflect population and unit allocations which are identified within the Clarington Official Plan. New housing is to be directed to locations where infrastructure and public services are available. 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reo ion Official Plan Within the Durham Regional Official Plan, the lands are designated as Living Area. Lands designated as Living Area permit the development of residential areas with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. 6.2 Clarinaton Official Plan Within the Clarington Official Plan, the subject lands are designated as Urban Residential. The use of land in the Urban Residential designation is predominantly for single and semi detached housing. Medium Density, Public Elementary School and Neighbourhood Park symbols are also located on the subject site. The lands are within the Darlington Green Neighbourhood, which has a population allocation of 2800 and a housing unit target of 1000. 657 REPORT NO.: PSD-148-05 PAGE 6 I I I I I I I I II I I I I I I I I I I The Medium Density category allows a density range of 31-60 units per net residential hectare with predominant housing form to include townhouses, although low-rise apartments are also permitted. The proposed medium density block is approximately 5.042 hectares (12.16 acres) and the 201 proposed units result in a yield of 40 units per net hectare. The Medium Density symbol is currently located on the south side of Aspen Springs Drive. The proposed amendment relocates the Medium Density symbol north of Aspen Springs Drive and Public Elementary School south of Aspen Springs Drive and adjusts the population target. The neighbourhood park is replaced with a 0.45 ha parkette block also located south of Aspen Springs Drive. 7.0 ZOtilNG BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63, as amended the lands are zoned Agricultural (A). A zoning by-law amendment will be required in order to implement the proposed plan of subdivision. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. The subject site does not have access onto open maintained roads. However, a Public Meeting signs were installed on Aspen Springs Drive, and Baseline Road. 8.2 At the Public Meeting, Mr. Steve Flewelling of 99 Padfield Drive spoke in opposition to the applications. When he purchased his property he was required to sign an acknowledgement of increased noise levels resulting from the railway. He is concerned that if a condominium is built on the south side, the railway noise would increase. He is also concerned that condominiums would destroy his view. 8.3 Ms. Ann Fennell of 95 Padfield Drive also spoke in opposition to the applications. Ms. Fennell chose this area to live because of the wildlife and the views from her rear yard. She noted that condominiums would increase the amount of traffic and would destroy the trees which provide a buffer area between any future development and the train tracks. At the time Ms. Fennell purchased her home she was also led to believe by the developer that the subject property was to be a park. She provided petition of approximately 100 signatures requesting denial of the application. In subsequent correspondence, Ms. Fennell had concerns that the increase in traffic would be a safety concern to children attending either of the two proposed elementary schools. Ms. Fennell has also reiterated her concerns about the destruction of the trees. 8.4 At the public meeting, Mr. Doug Wilson from the Kawartha Pine Ridge District School Board spoke in support of this application. The school board is in favour of relocated the elementary school because of its improved physical grades, and superior access for school buses. 658 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-148-05 PAGE 7 The resident's concerns are addressed in Staffs comments discussed in Section 10 of this report. 9.0 AGENCY COMMENTS 9.1 In accordance with departmental procedures, the applications were circulated to obtain comments from other departments and agencies. The following agencies offered no objections: . The Clarington Emergency Services Department . Engineering Services Building Division 9.2 Engineering Services have reviewed the applications and supporting documentation and have no objection the applications subject to a number of conditions of approval being incorporated in the subdivision approval. In addition to the standard requirements with respect to financial requirements and dedications the following conditions were provided: . That stormwater management be reviewed further through the Engineering submissions and must be consistent with the West Side Creek; . An additional widening on Green Road to accommodate the grade separation will be determined when the final engineering has been approved. Block 154 cannot proceed until such determination is made; . The south side of Street "E" must be serviced with water, sanitary and storm sewer, hydro, telephone and cable television connections for any future lots which may front onto th is street; . The registration of any phase shall be at the discretion of the Director of Engineering Services, in consideration of a Transportation Implementation. Plan, which identifies all transportation infrastructure improvements such as roads and bridges to accommodate this development. . Servicing of the site cannot proceed until such time as the Municipality has proceeded with the reconstruction of Baseline Road and Green Road and all related works or services. . The specific lots available for building permits will be determined at the engineering stage, based on the number of accesses that are available, inCluding pedestrian linkages. . A considerable amount of grading has been done to facilitate the development on the east side of Green Road. The applicant will also be responsible for 100% of the costs that are deemed necessary by the Director of Engineering Services to facilitate this proposed development including the Green Road road allowance. 659 REPORT NO.: PSD-148-05 PAGE 8 I I I I I I I I I I I I I I I I I I I . Given the proximity of the residential uses to the railway, the engineering plan must detail the extent of the proposed noise attenuation that is required. The plan must provide suitable access to the lands north of the noise berm, and demonstrate that all drainage water from the north side of the berm can be appropriately accommodated; and . A conceptual park plan and appropriate site grading are required. 9.3 The ReQion of Durham Plannina and Works Departments The Region of Durham offered comments with respect to compliance with the Regional Official Plan, delegated provincial plan review responsibilities and the proposed method of servicing. . . Durham Region Official Plan The proposed housing mix will provide more affordable housing types and forms to residents interested in living in this .neighbourhood. The increase in density will support public transit service in this area and efficient use of other public investments in Regional infrastructure such as sewer and water. Approval of the amendment and revised subdivision plan will enhance the ability of the neighbourhood to achieve housing and population targets. Provincial Policies and Delegated Plan Review Responsibilities The Provincial Policy Statement encourages a full range of housing types and densities that are affordable to moderate and low income households in a community. It also stipulates that land requirements and land use patterns are based on densities which efficiently use land, resources, infrastructure and public service facilities. The proposed development satisfies the provincial policies. Municipal Services Municipal water supply is available from existing watermain facilities in the abutting development on the east side of Green Road. The developer must extend water services from Aspen Springs Drive at Green Road to an existing watermain on Dodds Square. Municipal sanitary sewers can be made available if the developer extend services to the site from existing facilities on Dodd Square. If the development proceeds non -sequentially, the developer will be responsible for extending the required external sanitary sewer services at his expense. Road widening, right-of way widths and site triangle requirements for Green Road, a Type""8" Arterial are appropriately shown on the plan of subdivision. 660 I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-148-05 PAGE 9 Exemption The application has been evaluated in terms of compliance with the policies of the region and local official plans and provincial polices. The proposed official plan amendment is exempt from Regional approval. 9.4 Central Lake Ontario Conservation Authority The Central Lake Ontario Conservation Authority have no objections to the Official Plan Amendment and rezoning application. With respect to the Plan. of Subdivision 18T- 90051, the Authority notes that the plan is within the area of the Westside Creek Master Drainage Study and as such development of the subject lands are required to conform to the requirements and recommendations of this study as well as the approved addandums tOe this overall drainage plan. A number of standard conditions of draft approval relate::! to grading, specifically stormwater flow from the site, impact of water quality, wildlife and erosion and sediment control are included in the Conditions of Draft Approval. 9.5 Peterborouah Victoria Northumberland and Clarinaton Catholic District School Board The school board reviewed the application in relation to the pending development of the catholic elementary school at the corner of Aspen Springs Drive and Green Road. The Board requested that sidewalks be provided for and within the subdivision; along both sides of Green Road; through the railway underpass, and that a school crosswalk and traffic signals be provided for at the intersection of Green Road and Aspen Springs Drive. 9.6 Kawartha Pine Ridae District School Board The public school board offered no objection to the proposal noting that the revised Plan of Subdivision will result in an increased total of 112 students that would attend Dr. Ross Tilley Public School which currently has 6 portables on site. At the time the comments were received, the Kawartha Pine Ridge District School Board was in the process of reviewing their requirement for additional Elementary . Schools within the Municipality of Clarington and wished to maintain the identification of an elementary school site within the Draft Plan. The access to and configuration of the school site within this revised plan is superior to the previous proposed Draft Plan. 9.7 St. Lawrence and Hudson Railway The railway verbally advised that their standard conditions for development adjacent to a railway would apply. No development is permitted within 30 metres of the railway right-of way, a berm and noise attenuation fence would be required and the appropriate warning clauses for noise and vibration be added into the purchase and sale agreements for each residential unit. 661 REPORT NO.: PSD-148-05 PAGE 10 10.0 STAFF COMMENTS 10.1 The proposed Plan of Subdivision is within the western portion of the Bowmanville Urban Area. In absence of a design plan, the proposed road network, lot layout and park location and requirement was examined in conjunction with the balance of the lands available for development within the urban area. Staff met with the land owners and consultants of the lands to the west and south of the subject site. Both parties are generally satisfied with the layout of the proposed plan. 10.2 The Official Plan states that Neighbourhood Parks shall be provided at 0.8 hectares per 100~ hectares and shall be between 1 and 3 hectares in size depending on the potential for shared scp-:'...., facilities. At the present time, the three neighbourhood parks would be within 500 metres of each other. The park on the east side of Green Road, another Kaitlin project, is adjacent to the Aspen Spring Catholic Elementary School and was expanded so that it could better host a range of recreational uses. The applicant has redesigned the parkland on the subject site by relocating it further south and reducing the park size. This provides for a more central location for a park facility for this neighbourhood and will serve as a parkette with limited recreational facilities. The parkette has the potential to be expanded to the southwest in the future. 10.3 The proposed relocation of the public elementary school is away from the railway and is supported by the representatives of the public school board. The site is further removed from the new separate elementary school, minimizing traffic problems with school buses and parents dropping off and picking up children. 10.4 The phasing of development of this plan of subdivision is contingent on the reconstruction of Green Road, the intersection of Green Roadand Baseline Road and the grade separation. All this new infrastructure is forecasted to commence in 2006. The grading of the subject site will commence with the grading for the Green Road works. The actual internal servicing road construction and any building permits will only commence at the discretion of the Director of Engineering Services. 10.5 Resident's Concerns 10.5.1 The concerns of area residents can be summarized as follows: . possible removal of trees on the subject site; . obstruction of views from the rear yard of the homes on Padfield Drive; . increase in traffic due to the number of housing units, situated on Aspen Spring Drive; and . inaccurate marketing material in sales offices. 10.5.2 There are trees located on the north portion of the subject site adjacent to the railway. These trees appear to be new growth, appearing only after the lands have been left fallow from previous agricultural use. They have not been identified as significant woodlands by the Clarington Official Plan. As a Condition of Draft Approval, the developer will be required to submit a Tree Preservation Plan, prepared by a qualified 662 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: PSD-148-05 PAGE 11 professional to determine if or how many trees should be preserved on site. The report will be reviewed in conjunction with the engineering drawings for the Plan of Subdivision as finally approved by the Director of Engineering Services. 10.5.3 The subject property is within the urban area and has been designated for residential development since 1996. Development of these lands may impact views towards the lake from residents of Padfield Drive. This is not unusual in the development of urban lands. The rear yards of homes on Padfield Drive are elevated above the elevation of Green Road. The subject property will be regraded but to what extent is unknown at this time, in absence of Preliminary Grading Plan. 10.5.4 Green Road is designated as a Type "Bn Arterial Road and is designed to carry signi'icant volumes of traffic at moderate speeds for long distances. Aspen Springs Drive is a collector road and designed to carry moderate volumes of traffic over short distances. These roads minimize impacts on local streets and serve as transit corridors. The location of medium or higher density uses and schools along these roads is appropriate. 10.5.5 Council approved a policy for marketing and sales material in 2001. Developer/builders are required to provide marketing and sales material to Staff for review as a condition in the Subdivision Agreement. Kaitlin is involved in developing north and south of the railway in the vicinity of the subject lands. As noted in the report, the subdivision design has gone through extensive revisions, and the plan prior to that now being considered by Council, did have a park block immediately south of the railway. Staff recently inspected the sales office, for the subdivision on the east side of Green Road prior to writing this report. The display material did not show uses in Darlington Green neighbourhood. Staff have spoken to the developer and requested that all material be updated. 10.6 The applicant does not have details on the proposed housing form proposed for Block 154. The applicant has requested that approval for these lands provides the flexibility for either townhouses or apartments. The conditions of draft approval specify a maximum of 201 townhouse or apartment units. Until such time additional details on site grading and site development are available, staff recommend deferring the specific zoning for the Block 154. This will allow staff to evaluate the specifics of the site, and allow the zoning to reflect appropriate design standards for the proposed uses. 10.7 Tax Status The Finance Department advises that the taxes for the subject property have been paid in full. 663 664 I I I I I I I I I I I I I I .. I I I I REPORT NO.: PSD-148-05 PAGE 12 11.0 RECOMMENDATIONS AND CONCLUSIONS 11.1 The applications have been reviewed in consideration of the comments received from area residents, the circulated agencies, the Regional and Clarington Official Plan and Zoning By-law. The Owner has agreed to the Conditions of Draft Approval as contained in Attachment 5. In consideration of the comments contained in this report, Staff respectfully recommend the adoption of the Official Plan amendment contained in Attachment 4, the proposed plan of subdivision as contained in Attachment 3 be APPROVED subject to the Conditions of Draft Approval as contained in Attachment 5, and that the rezoning as contained in Attachment 6 to be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Previous Draft Plan of Subdivision Attachment 3 - Current Proposed Draft Plan of Subdivision Attachment 4 - Amendment 47 to the Clarington Official Plan Attachment 5 - Conditions of Draft Approval Attachment 6 - Zoning By-law Amendment Attachment 7 - By-law Authorizing Subdivision Agreement List of interested parties to be notified of Council's decision: Ann Fennell Steve Flewelling Doug Wilson Rob Larocque Kelvin Whalen Ms. Jacklyn Cooney Kevin Tunney Tom Bozanis I I I I I I I I I I I I I I I I I I I Attachment 1 To Report PSD-148-05 ./ ~~.' .'~ !:i, ~lr . 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CORPORATION OF THE MUNICIPALllY OF CLARINGTON BY-LAW NO. 2005- I I I I being a By-law to adopt Amendment No. 47 to the Clarington Official Plan WHEREAS Section 17 (22) of the Planning Act R.S.O. 1\190, as amended, authorizes the Municipality of Clarington to pass by-laws for the adoption or repeal of Official Plans and Amendments thereto; BY-LAW read a first time this day of 2005 I I I I I I I I "NO WHEREAS the Corporation of the Municipality of Clarington deems R advisable to amend the Clarington Official Plan to permit the relocation of Public Elementary School symbol and Medium Density symbol, deletion of a Neighbourhood Park symbol and adjustment to the neighbourhood population targets; NOW THEREFORE BE IT RESOLVE THAT the Council of the Corporation of the MunicipalRy of Clarington enacts as follows: 1. That Amendment No. 47 to the Clarington Official Plan, being allached Explanatory Text, is hereby adopted. 2. That this By-law shall come into force and take effect on the date of the passing hereof. BY-LAW read a second time this day of 2005 668 I I I I I I BY-LAW read a third time and finally passed this day of 2005 John Mullon, Mayor Palli L. Barrie, Municipal Clerk I I I I I I I I I I I I I I I I I I I To Report PSD-14S-oi AMENDMENT NO. 47 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Official Plan of the Municipality of Clarington by relocating the Medium Density Residential, and Public Elementary School symbols deleting the Neighbourhood Park Symbol, and to revise the population and housing targets within the Darlington Green Neighbourhood for the Bowmanville Urban Area. BASIS: This Amendment results from a detailed review of the appropriate locations for the public elementary school, neighbourhood park and medium density housing within Draft Plan of Subdivision 18T- 90051. AMENDMENT: The Clarington Official Plan is hereby amended as follows: 1. By amending Map A3 - Land Use Bowmanville Urban Area as shown on Schedule "A". 2. By amending Map E-2 Neighbourhood Planning Units as shown on Schedule "B". 3. By amending Table 9-2 Housing Targets by Neighourhoods by decreasing the low density target from 700 units to 675 units and by increasing the medium density target from 175 units to 375 units so that it is as follows: Table 9-2 Housing Targets by Neighbourhood Housing Unns Urban Area Residential Areas Central Areas Intensification Total Neighbourhoods Low Medium High Medium High Bowmanville Darlington Green 675 375 0 0 0 125 1175 Total 13,100 3,425 22,575 669 IMPLEMENTATION: INTERPRETATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan, shall apply In regard to this Amendment. I I I I I I I I I I I! I I I I I I I I The provisions set forth in the Clarington Official Plan regarding the interpretation of the Plan, shall apply in regard to this Amendment. 670 I EXHIBIT "Au I AMENDMENT No. 47 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP AS, LAND USE, BOWMANVILLE URBAN AREA I '---'" I I I - S S.\~G I />-S?(~ S? ...."' Delete Neighbourhood Park @ @ I Symbol @ I @ 1 w > ~ 0:::: 0 0 1- <( 0 w 0:::: . 0 - I (f) I I- Z (f) W w W s I 0:::: G I I I I t::\ t::\ I 671 SCHEDULE -B- AMENDMENT No. 47 TO THE MUNICIPAUTY OF CLARINGTON OFACIAL PLAN MAP E2, NEIGHBOURHOOD PLANNING UNITS, BOWMANVILLE URBAN AREA r=-- , I I I o NO (350) CONCESSION ROAD :3 r------ , I I I - - - UR9.fll! BOl.II:lMY NEJGHBOURHOOO BOUNDARY (1000) POPULATION t o 200 o4OCl 800 lOll m 200 m ~ 1;;' ~I I ONMmo MAPE2 NEIGHBOURHOOD PLANNING UNITS BOWMANVILLE URBAN AREA OFFICIAL PLAN MUNICIPALITY OF CLARINGTON N<7v'DlBER 14, 2003 REFER TO SECTIONS '5 AND 9 I TlIS CXlNSOl..D\1KlH IS PRCMDED FOR CXWt'E1IENCE OtLY I ,NIl REJ'RESENTS REQUESTED WOOF1CATIOHS NfJ N'PRCJVALS, 672 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Anacnment :J To Report PSD-148-05 Dated: November 22, 2005 CONDITIONS OF DRAFT APPROVAL Applicant: WED Investments Limited Location: Part Lot 17, Concession 1, former Township of Darlington File No.: 18T-90051 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T- 90051 prepared by Semas Associates identified as job number 89168, datej July, 2004 and revised October 2005, which illustrates a total of 389 residential units compos~r;l of 144 lots for single detached dwellings; 44 street townhouse units, a medium density block for up to 201 townhouse and/or apartment units, a school block, a park block and various road widenings and reserves. 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. 4. The Owner shall convey the 0.3 metre reserves shown on Blocks 157-163 on the draft plan to the Municipality of Clarington, free and clear of all encumbrances. 5. The Owner acknowledges and agrees that no direct access will be permitted onto Street "A" from Blocks 145 to 153. Access to these blocks will be provided by way of easement through Block 154. 6. The Owner shall convey a 5.20 metre road widening, across the entire frontage of the draft plan shown as Block 164, for the purposes of widening Green Road, to the Municipality of Clarington, free and clear of all encumbrances. 7. The Owner acknowledges and agrees that development of Blocks 145 and 153 cannot not proceed until such time as the additional road widening required to facilitate the construction of the grade separation at Green Road and the S1. Lawrence and Hudson Railway is determined by the Director of Engineering Services. Dedication of the road widening will be required prior to issuance of Site Plan Approval for development of Block 154. 8. The Owners agree to determine whether traffic calming measures are required and shall design and construct such traffic calming measures to the satisfaction of the Director of Engineering Services. 9. The Owner shall convey 7.0 metre X 14.0 metre sight triangles at Street "An and Green Road and Street "C' and Green Road to the Municipality of Clarington, free and clear of all encumbrances. 673 18. The Owner agrees to undertake the preparation of a conceptual park plan including proposed grading to demonstrate that the proposed park size configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition, the owner is required to provide the park site graded in accordance with the park concept plan including storm water servicing. The. park site must be fenced and seeded with a minimum cover of 200 mm of topsoil. Servicing such as hydro, sanitary sewer and water should be stubbed at the property line along the park frontage on Street "B". I I I I I I I I I I I I I I I I I I I 10. The Owner shall convey 5.0 metre X 5.0 metre sight triangles on all other local roads at various locations to the Municipality of Clarington, free and clear of all encumbrances. 11. The Municipality agrees, if requested, by the Owner, to enter into a Front Ending Agreement with the Owner and the benefiting owner(s) respecting front ending costs to service the lands on the south side Street "E" . The Owner will prepare background study to the satisfaction of the Director of Engineering Services. All costs associated with the Front Ending Agreement including background reports and legal fees will be bome by the Owner. 12. The Owner acknowledges that temporary turning circles are required at the terminus of Streets "A", "E" and "G", as well as any streets that are constructed in the earlier phases of development. Any lots affected by the presence of temporary turning circles or the presence of ,.."'er temporary road configurations may remain frozen until such time as these streets are extended and constructed to a finished urban road way including, regional services, asphalt paving, curb, gutter, sodded boulevard, sidewalks, street trees and street lighting for the entire frontage width abutting the frozen lots. 13. The Owner shall submit plans showing the proposed phasing to the Region of Durham and the Municipality of Clarington for review and approval jf this subdivision is to be developed by more than one registration. 14. The Owner acknowledges and agrees that the servicing of the development cannot proceed, except in conjunction with the works being undertaken by the Municipality of Clarington for the reconstruction of Green Road and Baseline Road, as well as the installation of sidewalks and street illumination and any related external works, to the satisfaction of the Director of Engineering Services. 15. The Owner acknowledges and agrees that the registration of any phases of the draft plan shall be at the discretion of the Director of Engineering Services, in consideration of a Traffic Implementation Plan which shall be prepared by the Owner, and which will review the requirement and timing of all external accesses to the development including the Green Road grade separation at the St. Lawrence and Hudson Railway. 16. The Owner acknowledges and agrees that development of Blocks 145 to 153 inclusive shall proceed through an application for Site Plan Approval. 17. The Owner shall convey Block 156 to the Municipality of Clarington free and clear of all encumbrances for park or other public recreational purposes in accordance with the Planning Act. 674 I I I I I I I I I I I I I I I I I I I 19. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 20. The Owner shall be 100% responsible for the cost of all earthworks that are deemed necessary by the Director of Engineering Services to facilitate this development including earthworks within the road allowance for Green Road. All required earthworks must be completed to the satisfaction of the Director of Engineering Services prior to any development of the subject lands. 21. 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 Plan'ling Services for review and approval. The Landscaping Plan shall meet the minimum design criteria of the Municipality as amended from time to time. 22. The Owner shall enter into a Subdivision Agreement with the Municipality 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. 23. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 24.. That the Owner shall provide and install sidewalks, street lights, temporary tuming circles etc. as per the Municipality's standards and criteria. 25. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 26. 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. 27. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Cia ring ton. No trees shall be removed until such time as this plan has been approved except as authorized by the Municipality. 28. That 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 watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routeS be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fi re Code. 29. That 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 675 30. 31. 32. 33. Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. I I I I I I I I I I I I I I I I I I I That 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:- Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. Prior to final 8;'~roval, the proponent shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, 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 Citizenship, Culture and Recreation confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a. the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed and implemented in accordance with the recommendations of the Westside Creek Master Drainage Plan and approved addendums; 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 the 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. 34. Prior to the registration of the plan, the Owner shall provide written verification to the Central Lake Ontario Conservation Authority that all down stream easements/downstream landowner sign-offs for the conveyance of stormwater to the stormwater management facilities have been obtained. 676 I I I I I I I I I I I I I I I I I I I 35. That prior to final approval of the plan, the Owner shall submit to the Central Lake Ontario Conservation Authority, plans/reports describing any necessary interim drainage works required to convey drainage to the stormwater management facilities. 36. 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 per the approved Authority Fee Schedule. 37. The Owner shall agree within the subdivision agreement with the Municipality of Clarington to carry out or cause to carry out the recommendations and requirements of Conditions 33 & 35. 38. The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior- to commencement of grading or the initiation of anyon-site works. 39. The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. 40. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, as shown as Block 155 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, provide for the rough grading of Block 155, the provision of all municipal services to the site and sized and located in consultation with the School Board. In addition, a 1.8 metre high chain link fence on the perimeter of Block 155 where it abuts proposed residential lands and fronting onto Green Road. The fencing shall be installed to the satisfaction of the Kawartha Pine Ridge District School Board. 41. The Owner shall submit plans indicating existing and proposed grades, drainage and servicing for approved by the Municipality of Clarington for all lots, easements and roads abutting Block 155. 42. The Owner shall provide the Kawartha Pine Ridge District School Board with a report detailing the soil bearing capacity and composition of soils within Block 155. 43. That the Owner agrees to post the following "Notice to Parents" in all sales office centres. "Notice to Parents Students from this area may have to attend existing schools. Although a school site has been reserved within this plan of subdivision; a school may not be built for some time, if atall, and then only if the Ministry of Education authorizes funding and construction of this required schooL" 44. The Owner has prepared and submitted to the Municipality of Clarington, a noise report prepared by Sernas Associates, dated August 2005. The report is based on projected traffic volumes provided by the Region's Planning Department, recommending any necessary noise attenuation measures for the draft plan in accordance with the Ministry of the Environment guidelines. The Owner shall agree in the Municipality of Clarington 677 45. 46. 47. 48. 49. 50. 51. 52. subdivision agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (Le. author, title, date and any revisions/addenda thereto) and shall include any required warning . I I I I I I I I I I I I I I I I I I I clauses identified in the noise report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. The Owner shall provide the Municipality of Clarington with a revised noise impact study for review and approval, with the application for Site Plan approval for development of Blocks 145 t0154. The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the railway and the subdivision. The Owner shall also agree to include a covenant running with the lands, in all deeds, obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. The Owner shall submit to Ontario Hydro, for review and approval, a detailed grading and drainage plan showing existing and final grades. 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 telecommunications 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. 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 and if no such conditions are imposed the owner shall advise the Municipality of the agreement made for such servicing. 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 this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary 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. 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. The Regional Municipality of Durham shall be satisfied that sanitary sewer and water supply services have been installed, or shall be installed, in the abutting/adjacent plan of subdivision. 678 I I I I I I I I I I I I I I I I I I I 56. 57. 53. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision and installation of roads, services, drainage and other local services. 54. 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. 55. The Owner agrees to place the following in all agreements of purchase and sale between the Builder and all prospective home buyers: a. a disclosure advising home buyers of municipal parking regulations, to the satisfaction of the Director of Planning Services. b. "Due to the proximity of this plan to SI. Lawrence and Hudson Railway and future extension of Green Road purchasers should be aware that traffic noise may interfere with some activities of the dwelling occupants." c. "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent SI. Lawrence and Hudson Railway and the future extension of Green Road may occasionally interfere with some activities of the dwelling occupants." d. "Purchasers and tenants are warned of the existing of SI. Lawrence and Hudson Railway operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the I iving 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 Railway's use of its facilities and/or operations. e. "Purchasers and tenants are notified that the berm, fenci ng and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for and shall maintain these measures to the satisfaction of SI. Lawrence and Hudson Railway." Owner agrees to register on the title of all lots a notice to indicate that both the present Owner(s) and future Owner(s) are fully aware of the existence of farming operations nearby and will not object, complain or seek legal action against such nuisances as noise and odour resulting from normal farming practices. 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) Region of Durham Planning Services, how Conditions 1, 2, 3, 12,29,30, 44, 50- 52 and 54 have been satisfied; 679 - I I I I I I I I I I I I I I I I I I I b) Central Lake Ontario Conservation Authority, how Conditions have 33 to 39 been satisfied; c) Bell Canada, how Conditions have 48 and 49 have been satisfied; Kawartha Pine Ridge District School, how Conditions have 40 to 43 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 extension::Lhave been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: a. Region of Durham 605 Rossland Road East, P.O. Box 623 Whitby, Ontario L 1 N 6A3 (905) 668-4113. b. Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. c. Ontario Hydro Services Company, Real Estate Services, 7676 Woodbine Avenue, Suite 300, Markham, Ontario, UR 2N2 (905) 948-6015. d. Bell Canada, Right of Way, Floor 5, 100 Borough Drive, Scarborough, Ontario M1P 4W2 (416) 296-6291 e. Kawartha Pine Ridge District School Board, 1994 Fisher Drive, P.O. Box 719 Peterborough, Ontario K 9J 7A1 680 I I I I I AnBcnmenL Q To Report PSD-148-OS 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 to implement application DEV 91-003; I I I I I I I I I I I I I I NOW THEREFORE BE IT RESOLVED THATlhe Council of the Corporation of the ~.~unicipality of Clarington enacts as follows: 1. Section 13 "SPECIAL EXCEPTIONS -URBAN RESIDENTIAL TYPE (R2-20) ZONE" is hereby amended by deleting 13.4.20 c) III) and replacing it with the following: iii) exterior side yard 6 metres to attached private garage 4.5 metes to dwelling 2. Section 14 "SPECIAL EXCEPTIONS-URBAN RESIDENTIAL TYPE (R3-28) ZONE" is hereby amended by adding a thereto a new Special Exception 14.6.28 as follows: "Section 14.6.28 URBAN RESIDENTIAL EXCEPTION (R3-28) ZONE Notwithstanding Sections 3.16 e) and 14.3 a) to c) those lands zoned R3-28 on those Schedules to this By-law shall only be used for on-street townhouses, subject to the following regulations: a) Lot Area (minimum) i) interior ii) exterior 220 sq.m. 270 sq.m. b) Lot Frontage (minimum) i) interior ii) exterior 7.0 metres 8.5 metres c) Yard Requirements (minimum) i) front yard ii) interior side yard to private right of way 3.0 metres v) rear yard 4.5 metres to the dwelling; 6.0 metres to the attached garage 1.5 metres 4.5 metres to the dwelling; 6.0 metres to the attached garage 1.5 metres to the detached garage and 10 metres to the dwelling; 6.0 metres to the attached garage; and 9.0 metres to the dwelling IIi) interior side yard iv) exterior side yard d) No driveway or garage shall be located in the front yard of any dwelling. 681 3. Schedule 3 to By-law as amended is hereby further amended by changing the zone from "Agricultural (A) Zone" to "Urban Residential Type Two (R2) Zone"; "Urban Residential Exception (R2-20) Zone"; "Holding-Urban Residential Type Two(R2) Zone"; and "Holding - Urban Residential Exception (R3-28) Zone". 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 I I I I I 682 I I I I I I I I I I I I I I This is Schedule "A" to By-law 2005- passed this day of .2005 A.D. I I I I I I I I I C-l ,---; I '\ ' II \ _L--1' \~R \, ~- \ I I I John Mutton. Mayor I o#~\ \~ ~~ I I I J I I , l\~~:~~ft;j Zoning Change From "A" To "R2" ~ Zoning Change From "A" To "(H)R2" Iml!I Zoning Change From "A" To "R2-20" ~ Zoning Change From "A" To "(H)R3-28" o <( o a:: z w w a:: C) Petti L. Berrie, Municipal Clerk c . ~LJ ~ z c x . ~ 2 c ~ BASEUN' \ ROAD I D [l BASEUN I 683 I I I I I Auacnment / To Report PSD-148-05 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a By-law to authorize entering into an agreement with the Owners of Plan of Subdivision 18T-90051 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-90051 I I I I I I I I I I I I I I WHEREAS General Purpose and Administration Committee on December 5, 2005, authorized the Director of Planning Services to issue draft 'approval for draft Plan of Subdivision 18T- 90051 located in Part Lot 17, Concession 1, former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner; AND WHEREAS the Owner(s) of draft Plan of Subdivision 18T-90051 desires to proceed to final plan approval and to enter into a subdivision 'agreement with the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington 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's seal, an agreement with the Owners of Plan of Subdivision 18T-90051 at such time as the subdivision agreement has been finalized to the satisfaction of the Director of Engineering Services and the Director of Planning Services. 2. That the Mayor and Clerk are hereby authorized to accept, on beha~ of the Municipality, the conveyances of lands required pursuant to the aforesaid Agreement. 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 684 I I I I I I I I I I I I I I I I I I I CI~gton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 5, 2005 Resolution #: Report #: EGD-46-05 File#: By-law #: Subject: Mc:;rHL Y REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2005. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-46-05 be received for information. , ; S"bmltted by' ~ A. S. Cannella, C.E.T. Director of Engineering Services Reviewed byq ,~~ Franklin Wu Chief Administrative Officer ASC*RP*bb November 29, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 701 REPORT NO.: EGD-46-05 PAGE 2 I I I I I I I I I I! I I I I I I I I I 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of October 2005, Staff wish to highlight the following statistics for the information of Committee and Council, MONTH OF YEAR TO YEAR TO % CHANGE OCTOBER 2005 DATE 2005 DATE 2004 OF VALUE YTD 05-04 Permits Issued . 76 1016 1267 -19.80/. VALUE OF CONSTRUCTION Residential .. $6,121,044 $125,805,541 $154,227,191 -18.40,1 Industrial $0 $34,333,600 $2,571,26/ 1235.3'% Government $15,000 $348,500 $4,029,00C -91.4'11 Commercial $459,680 $12,926,921 $8,955,35~ 44.3'% Institutional $60,000 $846,364 $20,387,50E -95.8'11 Agricultural $137,000 $3,874,757 $1 ,327,70~ 191.80,1 OTAL $6,792,724 $178,135,68:l $191,498,024 -7.00,1 The following is a historical comparison of the building permits issued for the month of "OCTOBER" and "YEAR TO DATE" for a three year period. Historical Data for Month of "Octobe~' Historiesl Data ''YEAR TO DATE" $250,000,000 $25,000,000 $50,000,000 $0 $5,000,000 $200,000,000 $20,000,000 $150,000,000 $15,000,000 $10,000,000 $100,000,000 $0 2005 2004 2003 $5,792,724 $15,505,255 $22,138,407 II value 702 I I I I I I I I I I I I I I I I I I I REPORT NO.: EGD-46-05 PAGE 3 The following is a comparison of the types of dwelling u nits issued for th e month of "OCTOBER" and .YEAR TO DATE". 8 Semi- Detached 29% Dwelling Unit Type "YEAR TO DATE 2005" 94 Apartment ~ 1ft Townhouse 7% Dwelling Unit Type "OCTOBER 2005" II Single Detached 19 &:l Semi-Detached 8 IZITownhouse 0 IlII Apartment 1 19 Single Detached 67% 262 Semi- Detached 36% 316 Single Detached 44% II Single Detached 316 &:lSemi-Detached 262 ElTownhouse 49 I!!IApartment 94 Attachment #1 - Monthly Building Permit Activity Report/Historical Comparison of Building Permit 703 ~ III o :::r 3 CD ::l .... 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'" 00 0 0 m .... /'oJ ~ m '" a> .... .0 0 ::!." .", -.., "0 "0 0 '" 0 a> .... 0 .... 0 0 0 8l z m 0 0 0 0 0 0 I I I I I :5: I 0 Z -i I ::c 0 "TI 0 I (") -i 0 llJ m I ::1J I I I I I I I I I 704 I I I I I I I I I I I I I I I I I I I I Municipality of Clarington Services - Monthl Activi ReportOctober 2005 PERMIT FEES October $61,024 2005 Year to Date $1,052,098 October $113,407 2004 Year to Date $1,275,488 Building Inspections Plumbing Inspections October 552 455 1007 2005 Year to Date 7076 5504 12580 October 896 680 1576 2004 Year to Date 7433 5564 12997 TOTALS 2005 2004 October Year to Date October Year to Date Single Detached 19 316 28 390 Semi-Detached 8 262 50 394 Townhouse 0 49 8 93 Apartments 1 94 20 37 TOTALS 28 721 106 914 YEAR: 2005 AREA (to 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 month) Bowmanville 255 587 468 345 312 188 184 313 423 217 229 Co urtice 219 173 180 133 129 231 296 254 295 331 170 Newcastle 198 191 123 131 76 110 78 4 5 3 Wilmot Creek 15 25 29 38 24 19 21 33 21 I 16 16 Orono 1 2 1 1 1 Darlington 13 15 13 17 47 102 31 14 20 17 21 Clarke 11 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 Newlonville 4 5 3 3 3 1 2 2 Solin a 3 3 3 1 1 Tyrone 3 9 3 TOTALS 721 1015 843 701 609 679 640 636 801 601 447 Attachment #1 - Monthly Building Permn Activity ReportlHistorical Comparison of Building Permn 705 ,.,,;:.:;:. I I I I I I I I I I I I I I I I I I I I : UNilJgron I I I I I I I I I I I I I I I I REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday December 5, 2005 Report #: EGD-47-05 File#: By-law #: Subject: PEDESTRIAN CONCERNS - TOOLEY ROAD, COURTICE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EDG-47-05 be received; 2. THAT the sidewalk construction on Tooley Rd, remain scheduled to coincide with the Adelaide Avenue extension and not be advanced at this time; 3. THAT the regulatory speed limit on Tooley Rd be posted consistently as 50 km/hr from Nash Road to Pebblestone Road by removing the 60 km/hr zone from 1200m north of Nash Rd to Pebblestone Road; and 4. THAT the by-law attached to Report EGD-47-05 be approved. Respectfully, -iK6~ cJ~~~ Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer RDB/ASC/jo November 30, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-9282 706 REPORT NO.: EGD-47-05 PAGE 2 I I I I I I I I I I I I I I I I I I I 1.0 BACKGROUND 1.1 A petition was received from Halina Halminen requesting that the planned construction of sidewalks on Tooley Rd from Nash Rd to the future Adelaide Road be advanced from the projected six to ten year time frame to the 2006 budget. 2.0 COMMENT 2.1 The petition r",n. !esting a sidewalk was signed by the vast majority of the residents on this 1 km road section of Tooley Rd between Nash Rd and McLean Rd. Tooley Road is 8m wide, built to urban standards with curbs, level boulevards and street lights. The need for sidewalks are tentatively forecast for the six to ten year time frame and to coincide with the Adelaide Avenue extension with funds being drawn from development charges. 2.2 A sidewalk warrant review was undertaken based on traffic volumes and pedestrian demands/opportunity. The study review indicates insufficient pedestrian demand and risk exposure from traffic to justify advancing the project. The homes along Tooley Road have large rural type frontages which result in a lower density of homes and fewer potential number of pedestrians who could use a sidewalk. The pedestrian activity or traffic volume would need to increase significantly to demonstrate an increased risk of potential conflicts. The study area also scored lower due to factors including lack of pedestrian generators, such as the schools, parks and businesses. Staff will monitor traffic and pedestrian volumes on Tooley Road to detenmine if there are any significant increases in future years. The cost of the project is estimated at $200,000 including sidewalk, driveway restoration, engineering and inspection. 2.3 A speed review was under taken on Tooley Rd to determine existing operating speeds south of McLean Road and also safe speeds through the curves north of McLean Road. Average speeds south of McLean Road were approximately 57 km/hr hour when there were no pedestrians present but reduced to 52 km/hr when pedestrians were sharing the roadway. It was detenmined that the area north of McLean Rd which is presently posted 707 I I I I I I I I I I I I I I I I I I I REPORT NO.: EGD-47-05 PAGE 3 at 60 kmfhr should be reduced to 50 kmfhr to improve safety through the curves and provide a more consistent uniform speed on Tooley Rd. Insufficient signage on Tooley Rd may be contributing to higher speeds because transition areas are not well defined. An amendment to Traffic By-law 91-58 is required to implement this speed reduction from 60 km/hr to 50 kmfhr. Additional speed limit signs showing 50 kmfhr will need to be installed by the Operations Department. 3.0 CONCLUSIONS 3.1 Based on the existing traffic volumes and pedestrian demands on Tooley Rd, there would not appear to be justification to advance the sidewalk installation prior to construction of the future Adelaide Avenue extension. 3.2 To provide a more uniform speed on Tooley Road and improve safety on the curves, the posted speed limit should be maximum 50 kmfhr from Nash Rd to Pebblestone Rd with appropriate signage installed. Attachments: Attachment 1 - Key Map sidewalk request Attachment 2 - Key Map proposed speed reduction form 60 to 50 Attachment 3 - Petition requesting a sidewalk Attachment 4 - Proposed by-law to amend by-law 91-58 (posted speed Schedules) Interested parties to be advised of Council's decision: Halina Halminen 708 I RURAL SECTION t URBAN SECTION I'I=~~ II t- ~I - _ ~ -- 1I1111~~ ;\1: = =1,defield L 1\\ IX- ........ y ' Homefield Sq ~'= 1/'<1 I I - !?= '-.... - - - . - ........ Birchfield Dr - - - - I'\.y\ f- - -= = l...... --- -- "'= = = I - ::: ;).. Clovemeld St ~ (" I I ~IIIII fill Nash Rd - 1~ II I .\ I / 9 _ - I/-~::::j ~1-3- Cherry 81oS50,,:0/ = ~ ----.) r i1;' - n=:J CD r U I J r /:::---, ~ '- L I I - - - , ",' "an "d ~ ~ ~ ~. )' ~ ( o o lIl"!l r , \. ) ( \ DutA, ! ,I I I ^ \ ~S\ ~~ ~' ;:: ~\ - I /..)2 r- ,.....~ U ..... t- V 11Ul- t- 6 f- t- ~a:'--/>.... ~-Qllh :< ...../ '-I ~.& \ / ~~ ! J1r- , . y r- t =1 r lrfmr ~ I "\ )\} ..J I 1 1,,/ CJ. ~ (M!Jgta Legend · · . Location of Sidewalk Request Drawn By: E.l. Date: Nov. B, 200s! ATTACHMENT NO.: 1 REPORT NO.: EGD-47-~5. G,\PMS.e_ """'IS\Sidowolk~........ I Legend I Pebbl stone Rd W~E S . . . . . . g . " . '< . ;n . . . . . . . . . . . . . . . .g S RURAL SECTION f d ~COURTICE CfD!Jl.!gton Drawn By: E.L. Date: Nov. 8, 2005 ATTACHMENT NO.: 2 REPORT NO.: EGD-47-05 G;\PMS-Base\200S AtcGIs\TooIeySijltffnljoleySpeed.mx URBAN SECTION · · .. Proposed Speed Redudion from 60kmlhr to 50kmlhr -- Manbcn ofCllriDgtoo CoIlllCi1 . ATTACHMENT NO.: 31 REPORT NO.: EGD-47-05 We !be UDdeniped resideals of Tooley. ROllI, Cour1ice ........,..l1\ally request lbat the MlIllicipality odvaace !be limiDa of sidewalk coDStnll:lion fiom Nash Ro8d to timue Adelaide, from !be projected 2013 timefrIme to 2006. I I I I I I I I I I I . I I I I I I I TbiJ area it o1reody built up IIIId baviDa I sidewalk OIIl1leut OIIC side would ......... !be sAfety of our chilcbea IIIId lCIIior citizeDo who walk tbi.o road daily. 'I1umk you fi>t your COIlSiclentiOD of1hia requeat. NAME ADDRESS '. 711 I I I I I I I I I I I I I I I I I I I Membenl of Clarington Council We Ibe undeniped residents of Tooley Road, Courtice n:..J'"'-1lWIy Rquest tbat the Municipality advance the timing of sidewalk coDStruction from Nuh Road to fulW'e Adelaide, &om the projected 2013 timeframe to 2006. This area is already built up aDd baving a sidewalk OD at least ODe side WOuld eosure lb. safety of our children aod seoior citizeos who walk tbis road daily. TbaDk you for your CODSideratioo oftbis Rq~ NAME ADDRESS ............:. 'UL. r 712 ATTACHMENT NO.: 4. REPORT NO.: EGD-47-05 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY-LAW 2005" Being a By~aw to amend By~aw 91-58, as amended. being a By- I law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington. WHEREAS the Council of the Corporation of the Municipality of Clarington deems ~ desirable to I amend By~aw 91-58; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts I as follows: 1) Schedule XX "Maximum Rate of Speed - 60 kilometres per hour" of By-law 91-58 is amended by: A) Deleting the following reference: I Column 1 Hiahwav Column 2 From Column 3 I!! Tooley Rd (Danington) Pebblestone Road 1200 m north of Nash Road I 2) Schedule XIX "Maximum Rate of Speed - 50 kilometres per hour" of B~aw 91-58 is amended by: I Tooley Rd (Danington ICourtioe) Pebblestone Road Nash Road I I A) Adding the following reference: Column 1 Hiahwav CoIUITVl 2 From Column 3 To 3) I This By-law shall come Into force and take effect on the date approved by Council and when signs to the effect are erected. I BY-LAW read a first and second time this 12" day of December 2005. BY-LAW read a third time and finally passed this.12" day of December 2005. John Mutton. Mayor I I I Patti L Barrie, Municipal Clerk I I 713 I I I I I I I I I I I I I I I I I I I I Cl~!illgron REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Resolution #: Report#: CSD-17-05 By-law #: File#: Subject: DONATION - PUBLIC ACCESS DEFIBRillATOR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-17 -05 be received for information; 2. THAT the cost of the annual certification and training for staff be funded through the Community Services Department's operating budget; 3. THAT a small plaque be installed with the unit, acknowledging the donation by Barbara Standley; and 4. THAT Barbara Standley be formally thanked for her offer and advised of action taken. Reviewed b~/'J"~ Franklin Wu Chief Administrative Officer JPC/GAlwg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-5506 1001 .REPORTNO.: CSD-17.QS PAGE 2 . 1.0 BACKGROUND 1.1 The Community Services Department recently received an inquiry from Mr. Steve Rowland of Durham EMS,.on behalf of his mother, offering the donation of a Public Access Defibrillator (PAD.) to one of our recreation facilities. 1.2 Mr. Rowland was asked to put this request in writing and submit it to the department (see Attachment #1). 1.3 Council recently approved Report CSD-15-05, creating a partnership between the Municipality and Lakeridge Health Oshawa to offer a Cardiovascular Preventio!" :"d Rehabilitation Program. 1.4 As this program will be located at the Bowmanville Indoor Soccer Facility, Mrs. Standley has requested that the donated unit be installed there. 2.0 FINANCIAL 2.1 Mr. Rowland has confirmed the unit will be purchased directly from the manufacturer at an approximate cost of $5,900.00 and donated to the Municipality. 2.2 The Municipality would be responsible for the initial certification and training of staff as well as the ongoing annual re-certification. This is estimated to be $2,000.00 each year. 3.0 COMMENTS 3.1 A Public Access Defibrillator, approved in the 2005 Capital Budget, is scheduled for installation at the Courtice Community Complex. once staff have completed their training. 3.2 Additional units for the Garnet Rickard Complex and South Courtice Arena are scheduled for submission in the 2006 Capital Budget. 3.3 This donation will enhance the implementation program that will see these PAD. units at all Community Services facilities. Attachment # 1: Letter from Mrs. Barbara Standley 1002 I I I I I I I I I I I I I I I I I I I . Auacnmenr lr 1- \';~U-I1-tJ5 I I I I I I I I I I I I I I I I I I I Barbara Standley 264 King Street East. Room 304 Strathaven Life Care Centre Bowmanville, Ontario L1 C I P9 November 9, 2005 Mr.G. Acorn Community Services Clo 40 Temperance St., Bowmanville, Ontario Dea.. Mr. AcoII!.> I understand that my son, Steve Rowland, has made you aware of my desire to donate a . PubliC-ACCeSS Defibrillaiorto BowmanvilIe. This letter will confirm my intent. I . ': I;; .~/ :~.~:.... \" ..::. :;~ ~ . . . I:losf~y second husbandfUld a son to heart attacks and ifI can donate something that may save someone's life and spare the family the anguish that our family went through. then I am happy to do so. I am awar~ of the new sports facility being built on Baseline Road and my son has told me that survivor's of heart attacks will train there. I would like to see the defibrillator placed in this facility if possible. Please let Steve or me know how we can go about seeing this to completion. Sincerely Yours, '4zk-t-a ~~/ Barbara Standley "/ . " . 1003 I I I I I I I I I I I I I I I I I I I Cl!J!inglOn REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Resolution #: Report #: CSD-18-05 File#: By-law #: Subject: MUNICIPALITY OF CLARINGTON'S PARTICIPATION IN THE SUMMER JOBS SERVICE PROGRAM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-18-05 be received for information. Reviewed bQ~~ Franklin Wu Chief Administrative Officer Submitted by: h P. Caruana Irector of Community Services JPC/BT/SM/jm CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905}623-5506 1004 REPORT NO.: CSD-18-05 PAGE 2 1.0 BACKGROUND 1.1 Summer Jobs Service is a student job subsidy program created by the Province of Ontario and is facilitated in the Durham Region through the John Howard Society. 1.2 The Summer Jobs Service program provides a $2.00per hour wage subsidy to employers who employ students for the summer. The program also posts jobs, which are subsidized by the program, in the Summer Jobs Service job bank for student access. 1.3 The Sumrr,,:" Jobs Service program offers free training to students in areas such as job search and self-marketing skills. This program is designed to help eligible youth prepare for employment, gain employment experience and stay in school. 1.4 This is the fourth year that the Community Services Department has facilitated the program on behalf of the Municipality. 2.0 TARGET GROUP 2.1 The Summer Jobs Service program is targeted to students aged 15-24 years (up to 29 for a person with a disability) who are currently attending school and plan to return to school in the fall. 2.2 The students must not be currently working for the employer applying for the subsidy (exception: students whose part-time jobs will be increased to full-time while participating in the Summer Jobs Service). 3.0 APPLICATION PROCESS 3.1 In early spring 2005, the Community Services Department submitted an application to the Summer Jobs Service program on behalf of the Municipality of Clarington. Included with this application was a list of positions (see attachment #1) that were forecast to be hired for the summer in the various departments including Corporate Services Department, Operations Department, Planning . Services Department and the Community Services Department. This application identified the start and end dates for our summer work term (June 1, 2005 through to and including August 31, 2005). 3.2 The participating departments were responsible for submitting their student's hours bi-weekly to the Community Services Department, who then forwarded invoices to the Summer Jobs Service program throughout the summer term on behalf of the Municipality. 1005 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: CSD-18-05 PAGE 3 4.0 COMMENTS 4.1 Through staff initiatives to pursue this program, the Municipality submitted requests for 104 student positions, we received approval for 34 students in the Summer Jobs Service program. The subsidy that the Municipality was originally approved for was $19,800.00. To date, through availability of additional funds, we have been allocated $27,240.70. This is an increase from the 2004 total of $26,450.00. Subject to final year end claims and audits by the Province, additional funds may be distributed to the participating agencies. In view of the amounts already received in 2005, any further funding is expected to be minimal. 4.2 It should be noted that eligibility does not guarantee the employer will receive $2.00 per hour per student as the total funds are distributed by formula to the participatinp employers. The total grant amount may increase further, however this will not ue confirmed until all of the outstanding claims are processed by the John Howard Society at year end. 4.3 Departments do not budget for this revenue as the program is not guaranteed from year to year. The funds are recognized in a miscellaneous revenue account specific to each department. 4.4 Employer packages for the 2006 Summer Jobs Service Program will be issued in January 2006 and the Community Services Department will be submitting applications on behalf of the Municipality at the appropriate time. Attachment: #1 2005 Summer Job Services 1006 I Attachment #1 to Report CSD-18.:oS I 2005 Summer Job Services I FundinQ Summarv I Total Hours bv Function I I I I I I I I I Total Fundina bv Department I $ 840.62 $ 20,495.52 I $ 780.62 $ 3,442.70 $ 1,681.24 I $27,240.70 I I 1007 I Job Title No. of No. of Hrs. per Total position week week hours . s s Animal Service:; 1 10 30 300 Student Planner 1 10 30 300 Student Clerk 1 1 10 30 300 Municipal Law 1 10 30 300 Enforcement Officer . Camp counselors . 9 9 30 2430 Camp Suoervisors 2 10 30 600 Recreation 1 10 30 300 Proarammer Aquatics staff 12 10 30 3600 Camp Instructor 1 10 30 300 Outside Student 3 10 30 900 Labourers Network Support 1 9 30 270 Technician Total 34 330 9600 I : UNo.iggron I I I I I I I I I I I I I I I I REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: CLD-044-05 Subject: File#: By-law #: Animal_Services Assistance Agreement - City of Pickering RECOMMENDA nONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-044-05 be received; and 2_ THAT the attached by-law marked Attachment 2 to Report CLD-044-05, authorizing the Mayor and Clerk to execute the necessary agreement, be approved. Submitted by: PB*CAG*ct Reviewed bY:O ~~~'k. Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.: CLD-044-GS PAGE 2 BACKGROUND Earlier this year, the City of Pickering cancelled their agreement with the Towns of Whitby and Ajax for Animal Services. In considering their service delivery alternatives, the City of Pickering approached the Municipality of Clarington seeking assistance, on an interim basis. In response to a memorandum from staff to the Mayor and Members of Council (Attachment 3 to this Report), on September 17, 2005 Council passed the following resolution #GPA-352-05: 'THAT staff be authorized to assist the City of Pickering with feed, care and sheltering of animals on an interim basis; THAT the City of Pickering be responsible for all related costs including but not limited to feed and necessary veterinarian costs; and THAT staff report back to Council on this matter once the details of the agreement are finalized, FORTHWITH." Staff have met with the Clerk of the City of Pickering and are proposing that the service assistance as detailed in the agreement included as Attachment 1 to this report be offered to the City of Pickering for a period of six months, effective January 1, 2006, as per the conditions set out therein. Animals to be sheltered on behalf of the City of Pickering shall be delivered to the Clarington Animal Shelter by the City of Pickering. Clarington Animal Services Officers shall provide the necessary care to the animals and shall promote the sheltered animals for adoption or shall facilitate the reuniting of the animals with their respective owner. The City of Pickering shall pay a fee of $40.00 per each animal delivered to the Clarington Animal Shelter and shall pay any necessary veterinarian costs incurred for animals sheltered on their behalf. Where a "Pickering animal" is adopted, the adoption fees shall be shared between the City of Pickering and the Municipality of Clarington. 1102 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: CLD-044-05 PAGE 3 The City of Pickering has agreed to supply suitable cat cages to house up to eight cats on their behalf. At this time, given volume of dogs anticipated during the term of the agreement, from both the City of Pickering and the Municipality of Clarington, staff do not expect any issues with space availability for dogs. Based on the foregoi~g, staff recommend that the by-law attached to this report as Attachment 2 authorizing the Mayor and Clerk to execute the necessary agreement, be approved. ATTACHMENT 1: Animal Services Assistance Agreement - City of Pickering ATTACHMENT 2: By-law authorizing the agreement ATTACHMENT 3: Memo to Mayor and Members of Council, September 6,2005 INTERESTED PARTIES: City of Pickering 1103 1104 I I I I I I I I I I I I I I I I I I I ATTACHMENT # h lJ REPORl # (' ;:,t': rJ '().s THIS AGREEMENT is made as of January 1, 2006 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING ("Pickering") - and - 3. THE MUNICIPALITY OF CLARINGTO ("Clarington") WHEREAS PIl;::ering has requested that Claringto animals from Pickering on an interim basis and such services on the terms and conditions se and care for ed to provide NOW THEREFORE Pickering and Claringt Definitions 1. In this Agreement, (a) and cats delivered by (b) Animal Shelter located at 33 lake owned and operated by the 2. 4, Clanngton shall feed, shelter and care for all ovide to Clarington eight cages to provide shelter to als. Pickering shall maintain ownership of these cages. 4. Pickering acknowledges that if the Shelter, including the eight Pickering cages, is full, it will be Pickering's responsibility to find an altemative place to feed, shelter and care for any additional Pickering Animals, save and except in cases of emergency. Pickering shall develop a contingency plan for such an event. I I I I I I I I I I I I I I I I I I I Animal Control Agreement Page 2 5. Clarington shall be the pound-keeper for Pickering and shall feed, shelter and care for all Pickering Animals in accordance with its animal control by- laws and its approved policies and procedures. 6. Pickering shall be responsible for any transfer of any Pickering Animals that require veterinary care to a veterinary clinic. 7. As pound-keeper for Pickering and pursuant to the provisions of the Health Protection and Promotion Act, R.S.O. 199 c. H.7, Pickering Animals shall be quarantined for a period of ten days n order issued by the Durham Region Health Department. Pickering's written approval must be obtained Animal is euthanized. After receiving appr shall cort""ct a veterinary clinic to arrang ny Pickering ring, Clarington 8. 9. Redemption dates for all Pickering Clarington's policies and procedures. with Surrendered Pets 10. Clarington shall only accep available in one or more of t waiting list shall be establishe is no such spa ble. ickering if space is s in the Shelter. A ets from Pickering if there Term 11. 6 months commencing January 1, 12. ve th ht to extend the term of this Agreement for two riods on the same terms and conditions provided it has rington at least 30 days prior to the expiration of the lrst extension period, as the case may be. This not be extended beyond December 31, 2006 without the parties. Fees 13. For every Pickering Animal, Pickering shall pay to Clarington a $40.00 intake fee. Clarington shall invoice Pickering monthly for all such fees. 14. Pickering shall be responsible for all veterinarian costs and any other costs related to Pickering Animals as are deemed appropriate by Clarington and agreed to by Pickering including, but not limited to, any 2 1105 3 1106 I I I I I I I I I I I I I I I I I I I Animal Control Agreement Page 3 costs of euthanizing a Pickering Animal and providing veterinary care to a Pickering Animal. Pickering shall be invoiced directly for all such services. 15. In order to ensure consistency, Pickering shall impose the same the impound fees and apply the same impound policies as Clarington. 16. Fees for other animal services provided by Clarington to the public (e.g. adoption fees) shall be in accordance with Clarington's approved fee schedule. Adoption 17. Surrendered or stray animals may be placed f with the I',Jijcies and procedures of Claringt 18. All adoption fees shall be shared equa Clarington. If any Pickering Animal months, Clarington shall be entitled fee as the Clerks of Clarington and Pic Boarding 19. not er boarding services. ing shall be referred to 20. 's animal control services shall mirror eration to ease the co-ordination of shelter hours are 7:00 a.m. to 6:00 p.m. Monday to on Saturdays. se staff shall in Pickering. ents outside of normal operating hours (emergency g staff shall contact the designated Clarington on-call necessary arrangements to enter the Shelter. Clarington ckering monthly for all on-call services provided to 21. Records 22. In accordance with the Pounds Act, R.S.O. 1990, P.17, Clarington shall be responsible for maintaining accurate records on behalf of Pickering. If requested, Clarington shall provide copies of all such requests to Pickering. I I I I I I I I I I I I I I I I I I I Animal Control Agreement Page 4 Default 23. If at any time Pickering is in default in the performance of any of its obligations under this Agreement and such default continues for 15 days after the receipt by Pickering of notice from Clarington setting out the particulars of such default, Clarington shall have the right to terminate this Agreement. . General 24. Pickering shall not assign this Agreement without p Clarington. to enter the 's use. of the 25. Pickering staff shall have the right at all rea Shelter ;~ovided such entry does not inte Shelter. 26. No amendment to this Agreement s and signed by both parties. writing 27. (1) AnynoticetoPicke shall be delivered to nt shall be in writing and rington under this Agreement shall be in writing d to the following address: ministrative Complex ance Street ville, Ontario A6 Attention: Municipal Clerk (3) Notice shall be sufficiently given if delivered in person or sent by registered mail or sent by facsimile transmission during normal business hours on a business day. . (4) Each notice sent shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed. 4 1107 Animal Control Agreement Page 5 (5) The parties may change their address for notice by giving notice to the other in the manner provided in this section. THE CORPORATION OF THE CITY OF PICKERING 5 1108 I I I I I I I I I I I I I I I I I I I I I I I I ATTACHMENT # ~ TO REPORT # C~I . rtrlllS 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 the Corporation of the City of Pickering, to enter into agreement for the services for the feed, care, and sheltering of animals from the City of Pickering on an interim basis. WHEREAS the Corporation of the City of Pickering requires assistance on an interim basis for the feeding, caring, and shettering of animals from Pickering; and I I I I I I I I I I I I I I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate to providing to the Corporation of the City of Pickering, feed, care and sheltering services to the animals for animals from Pickering on an interim basis; NOW THEREFORE BE IT ENACTED: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering; and 2. THAT the contract allached hereto as Schedule "A" form part of this By- law. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12"' day of December 2005. John Mullan, Mayor Patti L. Banrie, Municipal Clerk 1109 ATTACHMENT I -3 ~ I REPORT 1(' fO.tH/V' S I I I I I I I I I I I I I I I I I I Clf1!il1glOn MEMO TO: . Mayor and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: RE: Septl::mber 6, 2005 City of Pickering's Request for Animal Services Assistance Ol!~~-:=!Ie No.: P14 The City of Pickering is currently investigating alternatives to partnering with the Towns. of Ajax and Whitby for Animal Services. The attached correspondence is a request from the City of Pickering for the Municipality of Clarington to consider assisting Pickering on an interim basis; until they have finalized their Animal Services solution. There are really two components to Animal Services, those being feed/care/shelter and enforcement. The City of Pickering is requesting us to respond to our ability and willingness to assist with either or both of these service components. You may recall that the Clarington Animal Shelter aided the Joint Animal Control Board (Townships of Hamilton, AlnwicklHaldimand, Town of Cobourg, and Municipality of Port Hope) in 2003 on an interim basis. That agreement provided that they would be responsible for all related costs associated with the sheltering, feeding and necessary medical care for any animals kept on their behalf. Based on the statistics provided by Pickering, Clarington's Animal Services would be able to assist the City of Pickering with the feed/care/shelter services only. Enforcement services within the City of Pickering would not be an option for us as we do not have the Officers or the equipment necessary to provide 'out of town" animal control services. Based on the foregoing, it is our recommendation that the Municipality of Clarington offer to assist the City of Pickering with the feed, care and sheltering of animals on an interim basis, and that staff will work with the City of Pickering to finalize the details and report back to Council. 1110 I I I I I I I I I I I I I I I I I I I It is further recommended that the attached FORTHWITH resolution be passed by the General Purpose and Administrative Committee on September 6, 2005. Patti L Barrie Municipal Clerk . PB/O'.G ,:;:;:- CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO II C 3A6 T(905)623-3379 F (905)623-6506 1111 . P. Ue plcl<trlng Civic coml One The !!splln.' Pidcering, OnJ Canada Ll Dine! Aa:e.. 905.420. 1011 Fnte 1.866.683.2.71 dtyofpiclcenng.cn . . I I I I I I I I I I I I I I I I I I ::;l:.r-Uh~UUb THU Uj:llb rn \illY U/' rJ\iI\.I:.t(INli rAX NO. ~Ub 4eU ~tiBb ~ t . . . ::-'.'- I ,,~ PICKERING CORPORATE SERVICES DEPARTMENT Clerk's Division: DMsion '. !I(!I.421U6n Plctimile lI05A:1O.!1685 dcrlal@dty.pickaing.on.ca September 1, 2005 VIA FAX 905.623.6506 Ms. Anne Gr:eer.;",.,.,. Deputy Clerk Municipality of Clarington 40 Temperance Street Claringt~lO; ON L 1 C 3A6 Subject: Request for Inf.ormation Reist KI to Animal Services - City of Pickering . - Fire S-3010 Further to our discussion earlier this week, I am currently assembling infcrmatii:m on an administrative levei with respect to our OpU)ns related to animal services for the City of PiCkering. At this pOint. weare anticlpatirlji presenting an update on animal. services to the Mayor and Members of Council on Sell1ember 12,2005. . . Ideally, the City of Pickering is looking for 9 solution on an interim basis related to two components of animal services; being, S~E tteringlcaringlfeeding of animals and animal control related services. To assist you in (letsrmining what services the Municipality of ClaringtCln could proVide on an interim balls, I have included 2004 statistics for your reference. If you require further information, please de not hesitate to contact me at 905.420.4660, ext. 2153. . Yours truly, I Debi. A. Bentley, CMO, CMM III City Clerk Attachment Copy: T. J. Quinn, Chief Administrative 01'1' car . 1112 I I I I I I I I I I I I I I I I I I I :Jl:.r-UI-~UUb lHU U.:l:llb rn lillY U~ I'llill.t.K1Nli ~AX NU. ~Ub II~U ~ijijb 1'. Uj Municipality of Clarington September 1. 2005 Page 2 Stiltisticalioformation 000s.... ..... , .. .. .. 2J>04St8tistics. . . . .. '. " OOOSlmnounded 71) Docs Surreridered for Adoetion 1 DOO& Quarantined 'I Doos Claimed 4:! Docs Adooted a Doos Rescued 1!1 Doas E\.Ithanlsed: illness' D Docs. Euthanis6d: iniurv 0 , DoosEuthanised: :.amoerament 4- Doas Euthanised: aoe 0 DOrIs: Dead on Arrival . 6 - DnnsEuthanised: homeless 6 ;CatS. ". .' . ~ 104 Statistics .,. .. .,.,. '. .' Cats Imoounded ]" Cats Surrendered for Aclootion 2 Cats Quarantined 4 . Cats Claimed. i . Cats AdoDted 1" Cats Rescued If Cats Euthanised: Illness 1<1 Cats Euthanlsed: Inlured 4 Cats Euthanised: Temoerament. ~l Cats Euthanised:'Aae () Cats: Dead on Arrival 1~1 Cats Euthanised: Homeless 0 . . Gener.aJ":, ~:":-"':''',.f..,,:..::i,:..,,:::;. .;.:.': ;<:: ....:, , ..::." ~21104~'Stath;tiC8:'< .:.:' .:....:.:. .' ..,'",'.".., . _.' ,. . .." ..,.. '. 'n..... Non-domestic Animals Imr.ounded -r ." .. ". ... ..'... .. . Road Kills Pick Ue ':!2 Emergency Calls After 4:30 pm (call fi": outs\. . Emergency Calls after 4:30 pm (phone fr calls onlv\'. . . Charaes Laid: Animals at Laroe ci Charnes Laid: 000 Barkina 0 Charaes Laid: Miscellaneous cf . Animals at Laroe Waminas 411 000 Barkino Waminas 4(1 Other Animal Warninas 2(' . Traos Loaned Out ~. " 1113 Moved by: Seconded by: THAT staff be authorized to assist the City of Pickering with the feed, care and sheltering of animals on an inter;... basis; THAT the City of Pickering be responsible for all related costs including but not limited to food and necessary veterinarian costs; and . THAT staff report back to Counci I on this matter once the details of the agreement are finalized, FORTHWITH. 1114 I I I I I I I I I I I I I I I I I I I I I ClNilJgron I I I I I I I I I I I I I I I I I .REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #:. CLD-045-05 . By-law #: File#: Subject: APPOINTMENT OF PARKING ENFORCEMENT OFFICERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-045-05 be received; 2. THAT the by-laws attached to Report CLD-045-05 to appoint parking enforcement officers be forwarded to Council for approval; and 3. THAT Julie Amanda Gibson, P.R.O.. Security Investigation Agency Inc., Valiant Property Management, Eastway Property Management Inc., Moustapha Elhassani, WED Property Management Ltd., Bob Genosko, Larry Postill, Mike Bourke, Glen Duncan, Mike Williams and Gary Somoygi be advised of Council's decisions. RevieWedbYO~ ~ Franklin Wu, Chief Administrative Officer PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1115 REPORT NO.: CLD-04S-oS PAGE 2 of 3 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT Corporate private property owners have traditionally had the option of approaching Council for permission to hire security officers to enforce the Clarington Traffic By-law 91-58 on their own property. P.RO. Security & Investigation Agency Inc. has been hired to perform enforcement duties on two contracts as they relate to Handicapped, Fire Route and Visitor Parking offences at these properties. Valiant Property Management has requested that an officer from P.RO. Security & Investigation Agency:.,::. be authorized to issue parking tickets on their properties at 2377 and 2379 Highway #2 and 100 Clarington Blvd. Eastway Property Management has requested that an officer from P.RO. Security & Investigation Agency Inc. be authorized to issue parking tickets on their properties at 1 - 43 The Bridle Path and 44 - 80 Park Lane Circle in Bowmanville. Julie Amanda Gibson, officer of P.RO. Security & Investigation Agency Inc;, is required to be appointed to issue parking tickets on the above listed properties for Valiant & Eastway Property Managements. WED Property Management Ltd. has requested that an individual, Moustapha Elhassani, be authorized to issue parking tickets on their properties at 90, 94, 98, 102 and 106 Aspen Springs Drive, Bowmanville. Moustapha Elhassani is required to be appointed to issue parking tickets on the above listed properties for WED Property Management Ltd. For several years the Operations Foremen and Lead Hands have been appointed as Parking Enforcement Officers in order to allow them to issue parking tickets for offences relating to snow clearing. Bob Genosko and Larry Postill are both Foremen in the Operations Department. Mike Bourke, Glen Duncan, Mike Williams and Gary Somoygi are all Lead Hands. As part of their duties they must be able to issue parking tickets during snow clearing operations when Parking Enforcement Officers are not available. In order for the officers to be able to perform these duties they must be appointed pursuant to the Police Services Act as a Parking Enforcement Officer. All the involved parties are aware that once appointed they must attend the Municipal Administrative Centre for training prior to commencing any enforcement duties. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1 1 1 6 I I I I I I I I I I I I I I I I I I I REPORT NO.: CLO-045-05 PAGE 3 of 3 ATTACHMENTS: 1. By-law to Appoint Julie Amanda Gibson as a Parking Enforcement Officer for Private Property 2.. By-law to Appoint Moustapha Elhassani as a Parking Enforcement Officer for Private Property 3. By-Law to Appo!nt Bob Genosko as a Parking Enforcement Officer. 4. By-Law to Appoint Larry Postill as a Parking Enforcement Officer. 5. By-Law to Appoint Mike Bourke as a Parking Enforcement Officer. 6. By-Law to Appoint Glen Duncan as a Parking Enforcement Officer. 7. By-Law to Appoint Mike Williams as a Parking Enforcement Officer. . 8. By-Law to Appoint Gary Somoygi as a Parking Enforcement Officer. INTERESTED PARTIES: Julie Amanda Gibson Eastway Property Management Valiant Property Management P.R.O. Security Investigation Agency Inc. Moustapha Elhassani WED Property Management Ltd. Bob Genosko Larry Postill Mike Bourke Glen Duncan Mike Williams Gary Somoyg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 1117 ~DHMENT I. +- ro I R~' .:' <-"" - O~5=-C4 Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON . BY-LAW 2005 - WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and 1118 I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Julie Amanda Gibson, as a Parking Enforce;-;;ent Officer for the sole purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 & 2379 Highway #2, 100 Clarington Boulevard, 1 - 43 The Bridle Path and 44 - 80 Park Lane Circle in the Municipality of Clarington; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Julie Amanda Gibson is hereby appointed as a Parking Enforcement Officer for the sole' purpose of enforcing the Traffic By-law of the Municipality of Clarington on the property located at 2377 & 2379 Highway #2, 100 Clarington Boulevard, 1 - 43 The Bridle Path and 44 - 80 Park Lane Circle in the Municipality of Clarington; 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 12th day of December 2005. BY-LAW read a second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- ATIACHMENT , ;J. IO REPOR't I C~.o - otJ'i-'t:>S" Being a By-law to appoint individuals as Parking Enforcement Officers for Private Property WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Moustapha Elhassani, as a Parking , Enforcoment Officer for the sole purpose of enforcing the Traffic By-law of the Municip_::ty of Clarington on the property iocated at 90, 94, 98, 102 and 106 Aspen Springs Drive, Bowmanville; Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Moustapha Elhassani is hereby appointed as a Parking Enforcement Officer for the sole purpose of enforcing the Traffic By~aw of the Municipality of Clarington on the property located at 90, 94, 98, 102 and 106 Aspen Springs Drive, Bowmanville: Municipality of Clarington; 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this 12th day of December 2005. BY -LAW read a second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1119 Being a By-law to appoint individuals as a Parking Enforcement Officer ATTACHMENT # 3 TO I REPORi # C<.= -~-C>.$ I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 - WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-iaws of the Municipaiity; and 1120 I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Bob Genosko as a Parking Enforcement Officer ;;....Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Bob Genosko is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. .2. This By-iaw shall come into full force and effective immediately on the day of Final passing by Council. By-iaw read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12th day of December 2005. John Mullon, Mayor Palli Barrie, Municipal Clerk I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Larry PosliII as a Parking Enforcement Officer for Municipality of Clarington. .~. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Larry \ostill is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council, By-law read a first and second time this 12th day of December 2005. By-law read a third .time and finally passed this 12'" day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk AlTACHMENT # 'i TO REPORT # eLl] 0'/\'-(. 1121 ATTACHMENT 1/ ? TO I REPORT 1/ C-Li:J -0 '/S-:- tJ:. I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 - Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and WHEREAS it is desirable to appoint Mike Bourke as a Parking Enforcement Officer ~..r Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Mike Bourke is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1122 I I I I I I I I I I I I I I AlTACHMENT If ~ TO REPORT If C '-/:1 - jN.~-o5' I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 - Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Glen Duncan as a Parking Enforcement Officer for Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Glen Duncan is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12'" day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1123 ATTACHMENT # 7 . fO I REPORT 1/ L LO-6~~6 I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 - Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS Section lS(l} of the Police Services Act R.S.O. 1990 Chapter P1S, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of. enforcing the by-laws. of the Municipaiity; and WHEREAS it is desirable to appoint Mike Williams as a Parking Enforcement Officer ;~; ;"iunicipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Mike Williams is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. 2. This By~aw shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1124 I I I I I I I I I I I I I I I I I I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ATTACHMENT # 8' TO REPORT# CL.D-Olf5-D!5 BY-LAW 2005- Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Gary Somoygi as a Parking Enforcement Officer for Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Gary Somoygi is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. . 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12'" day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1125 I : CJmillgron I I I I I I I I I I I I I I I I REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: CLD-046-05 File#: By-law #: Subject: PARK!Nr. ENFORCEMENT DURING CHRISTMAS SHUTDOWN -" RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-046-05 be received; 2. THAT the by-law attached to Report CLD-046-05 to appoint a parking enforcement officer be forwarded to Council for approval; and 3. THAT Shelly Wensink and P.R.O. Security Investigation Agency Inc. be advised of Council's actions. /l ~~ Reviewed b~ ."\.- Franklin Wu, Chief Administrative Officer Submitted b . PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1126 REPORT NO.: CLD-046-05 PAGE 2 of2 I I I I I I I I I I I I I I I I I I I BACKGROUND AND COMMENT Within the Municipality of Clarington parking enforcement duties on-street have traditionally been handled by staff in the Municipal Law Enforcement Division. Private security companies have been hired by private property owners to perform parking enforcement duties on their ~~a . This year it has been decided to have officers enforce the Parking By-law in the downtown areas during the Christmas shutdown (December27 ~ 30). As parking in these areas is complimentary for the Christmas season, the officers will be enforcing Illegal parking in the areas of th.a intersections, driveways, etc. Since this would be voluntary overtime. staff have the right to decline to work. After speaking to the officers. staff were unable to provide the level of service required. Staff have therefore contacted P.R.O. Security to arrange for one of their officers to cover the remaining time. Shelly Wensink is currently employed by PRO. Security and has been appointed to enforce the Parking By-law at 2377 Highway #2 and 100 Clarington Boulevard only. In order to be able to perform Parking Enforcement duties elsewhere in the municipality, her appointment by- law will need to be amended. Once appointed. she will receive further training to prepare her for on-street enforcement duties. ATTACHMENTS: 1. By-law to Appoint Shelly Wensink as a Parking Enforcement Officer. INTERESTED PARTIES: P.R.O. Security Investigation Agency Inc. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOW MANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1127 I I I I I ATTACHMENT # REPORT # CLL:> I :to oLJh-o~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a By-law to appoint individuals as a Parking Enforcement Officer WHEREAS. Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15, authorizes a Council of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; and I I I I I I I I I I I I I I WHEREAS it is desirable to appoint Shelly Wensink as a Parking Enforcement Officer for Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Shelly Wensink is hereby appointed as Parking Enforcement Officer for Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 12th day of December 2005. By-law read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti Barrie, Municipal Clerk 1128 I I I I I I I I I I I I I I I I I I I Cl!J!illglOn Meeting: REPORT CORPORATE SERVICES DEPARTMENT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5, 2005 Report #: COD-064-05 File#_ By-law # Subject: INFORMATION REPORT - HYBRID VEHICLES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-064-05 be received; and 2. THAT Council endorse the proposed inclusion of a hybrid pick-up truck in the 2006 Operations Department Capital Budget, subject to the vehicle replacement schedule requirements. A_m~'~ Submitted by: '.ZVtJ. ,00 M,rnoo, HeSe. C.M.O. ~re~ F erick Horvath, RDMR, RRFA, Direct of Operations MM/FH/NT/LAB/km ./~ / "'-v~" ~ Reviewed by: U.. '\. Franklin Wu, Chief Administrative Officer 1201 REPORT: COD-064-05 PAGE 2 BACKGROUND AND COMMENT Early this year, it was suggested that staff undertake an investigation into the cost and availability of smart and/or hybrid vehicles. The purpose of the investigation would be to determine if the availability, environmental impact and cost would substantiate the purchase of a unit for test purposes. . Purchasing staff undertook a review of the market to determine the range of units available in Canada. The focus of the investigation was on the type of hybrid units; their fuel economy and the reduction in ""lllutants compared with their comparably equipped conventional twins. Although many manufacturer's dealers were contacted only Ford, General Motors, Toyota and Honda are currently offering a hybrid vehicle to the Canadian market. However, because of the unique design and claims of fuel efficiency and reduced pollutants, the Mercedes Benz Smart Car was also inCluded in the review. For clarification, a hybrid vehicle is one that is powered by electricity (on board batteries) and a conventional intemal combustion engine. The unit is designed to operate on batteries when operating in stop and go traffic of City driving with the engine kicking in to provide higher . performance under load and at high speeds. The hybrid vehicles are designed to generate their own power to recharge the batteries while being driven and while braking. As a result, they do not rely on an external electrical power source to recharge batteries. . Because the internal combustion engine is only running at higher speeds when the engine is more efficient there is less pollution and greater fuel economy. The alternative Smart Car offered by Mercedes Benz is not a Hybrid. It achieves the goal of fuel economy and reduced pollutants by using a compact design (2 passengers) powered by a fuel-efficient three cylinder turbo-charged diesel engine coupled to a six speed sequential manual transmission or the optional automatic transmission. The attached Schedule 'A' provides a list of the hybrid vehicles that are currently available in Canada. Details with respect to price, fuel economy and pollutants are also provided. For purposes of comparison, where the manufacturer offers a comparable conventional vehicle,. this information is shown beside the hybrid. As you will see, the hybrids are slightly more costly, (approximately 10 to 15%) than their conventional twin. The reduction in fuel consumption and pollutants however are significant. 1202 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT: COO-Q64-05 PAGE 3 Please note that for comparison purposes, the prices shown for the hybrid units are the manufacturers suggested retail prices before delivery and taxes and the units shown are base models as are the conventional vehicles. For consistency, the fuel economy and pollutant Inform~tion was taken from the 2005 Fuel Consumption Guide published by Resources Canada in partnership with Transport Canada and vehicle manufacturers. It is important to note that some of the Hybrids do have accessories included as standard that would normally be considered optional on their conventional twin. As noted above several dealers representing manufacturers were contacted to determine the availability of hybrid vehicles. Many of those who do not currently have a hybrid unit available on the market indicated that the manufacturers are currently discussing the matter or are in the process of developing units for introduction in the coming years. The responses varied from 1 to 2 years before units will be introduced and even then, the units may be introduced for a limited market, for example in Europe or in the U.S. before making the units available in Canada at some later date. With the prediction that the cost of energy will continue to increase significantly in the next five years the demand for more fuel-efficient vehicies is increasing. As demand increases and technology improves, it is hoped that the cost of hybrids will become. more reasonable and the selection more varied. However, one of the challenges for the manufacturers will be to develop and introduce units that are suitable for the commercial and public sector applications. A comparison of fu.el economy (MPG) achieved by moving to a hybrid varies from 23% more miles per gallon to a high of 72% depending on the type of vehicle selected. The reduction in pollutants ranges from a low of 8% to a high of 31 %, again depending on the type of vehicle selected. The decision to move to. a hybrid can be based on one or more of the following factors; reduction in fuel cost, conservation of non-renewable energy and the reduction of pollutants that contribute to environmental deterioration. Looked at from a financial perspective, it is unlikely that the fuel cost savings will pay for the added cost to purchase a hybrid, at least at today's prices. Information received from the dealers indicates that annual usage needs to be in excess of approximately 50,000 km before any savings are realized. The strongest argument for the hybrid rests on the conservation of the non-renewable energy and the reduction of the pollutants. Assuming that the environmentalists are correct in their assessment of the current state of the environment and the impact of pollutants on the atmosphere then the reduction in pollutants must be the driving force for the development and use of hybrids or the development of more efficient environmentally friendly means of transportation. 1203 REPORT: COD-064-05 PAGE 4 Given the type of vehicles currently available, mid-size and compact cars, SUVs and pickup trucks, the units best suited for Clarington's varied requirements would be the sedans and the pickup trucks with the pick up trucks being the most widely used in the fleet. Within the last month, General Motors made available a hybrid Yo-ton Chevrolet Silverado Pickup truck for demonstration purposes. The truck was tested for a few days to assess the performance and the evaluation was favourable. The Fleet Supervisor was "thoroughly impressed with the overall quality and performance of this unit" and felt "the truck had more than enough jXlWer to perform any job" expected of this type of vehicle in our fleet operation. It was noted that the Smart Car was included in this review, not because it is a hybrid but because it advertised an extremely fuel efficient means of transportation. At Approximately $17,100.00 plus delivery and taxes, the unit provides an in town fuel economy of 61 miles per gallon and produces only 2291 kg. of CO2 per year (approx.). It is certainly an interesting concept and will no doubt be popular. However, after reviewing the material and test-driving the unit it has a very limited application in a municipal fleet. The unit is very small and provides seating for two people only with very little cargo space. It may be suitable for some in-town applications, perhaps in "Municipal Law Enforcement". But, if the reduction in pOllutants and conservation of non-renewable energy is to be the focus, the hybrid Honda Insight (two passengers) or the Toyota Prius (four passengers) both offer slightly better fuel economy with less pollutants. Unfortunately the cost is significantly higher. After reviewing the available units and considering the type of vehicles, that the Municipality purchases the most likely vehicle for test purposes would be the Yo-ton Pickup truck. These units are used daily in stop and go situations that offer an excellent opportunity to test a unit in a working situation. In addition, preparation for the 2006 budget has begun and there is usually a requirement for at least one pickup truck in the fleet replacement budget. Accordingly, it is recommended that Operational Services include at least one hybrid unit in the 2006 budget preparation as a replacement vehicle. 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Ol .c Wc:E "" Ecucu >- ~WI-U.():I:W3:lXl :I: ~ I <l) ~ Ol I <l) "Cl ~ <l) ::E I 1210 I I- I I I I I I I I I I I I I I I I I I CIMinglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 5th, 2005 Report #: COD-066-05 File#_ By-law # Subject: TENDER CL2005-43, ALEXANDER BOULEVARD RETAINING WALL AND SOPER COURT STAIRCASE REPAIR, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-066-05 be received; 2. THAT All Services Inc., Oshawa, Ontario with a total bid in the amount of $40,488.00 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2005-43, be awarded the contract for the Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville, as required by the Operations Department; 3. THAT the total funds required in the amount of $53,200.00 ($40,488.00 tender plus contingencies and consulting) be provided as follows: a) $50,000.00 from the 2005 Operations Capital Budget Account # 110-36-331- 83637-7401; b) $3,200.00 from the 2005 Operations Current Park Maintenance Account # 100- 36-325-10115-7163; and 4. THAT the attach By-law marked Schedule "A" authorizing the Mayor and the Clerk to ce sary agreement be approved FORTHWITH. Submitted by' Reviewed bY:C .)~ Th Franklin Wu, Chief Administrative Officer --." Fred Din;! MMILABINTIFHlkm , RDMR, RRFA, Operations 1211 REPORT NO.: COD-066-05 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Totten Sims Hubicki Associates for Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville, as required by the Operations Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received. and tabulated as per Schedule "B" attached. The total project cost, including Project Administration, and costing allocation is as detailed in the letter from Totten Sims HubickiAssociates. marked Schedule "B". Although the low bidder has not previously performed work for the Municipality of Clarington, they have provided satisfactory service for G.D. Jewell Engineering and Public Works and Government Services Inc. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. After further review and analysis of the bids by the Operations Department, Totten Sims Hubicki Associates and Purchasing, it was mutually agreed that the low bidder, All Services Inc. Oshawa, Ontario, be recommended for the contract of Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville. Due to the pending weather conditions a forthwith approval is requested. Attachment: Schedule "An By-law Schedule "B" TSH Letter CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1212 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 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 All Services Inc., Oshawa, Ontario, to enter into agreement for the Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville. 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, All Services Inc., Oshawa, 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 1213 SCHEDULE "B" II till Totten Sims HLI bicki Associates 513 Division St reat, Cobourg, Onta rio, Canada K9A5G6 1905) 372-2121 Fax: (905) 372-3621 E-mail: cobourg@tsh.ca www.tsh.ca engineers architects planners November 28, 2005 ~~W> Ms. Lou Ann Birkett, CPP, AMCT Purchasing Manager Corporation of the Municipality of Clarington 40 Temperance Street, BOWMANVILLE, Ontario LIe 3A6 FAX: 905-623-3330 Dear Ms. Birkett: Re: Contract No. CL2005-43 Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville, Municipality of Clarington Tenders for the above project were opened at the Municipal Offices on Wednesday, November 16,2005, at 2:00:00 p.m. local time. The bids received, exclusive of GST, are summarized as follows: BIDDER TOTAL BID AMOUNT $40,488.00 All Services Inc. Oshawa, ON Peninsula Construction Inc. FonthilJ, ON $90,519.72 The low bidder's tender has been reviewed and is in order. References provided by the Contractor, which include G.D Jewell Engineering and Public Works and Government Services Inc. have been contacted and comments received are favourable. Contracts completed satisfactorily range from $270,000 to $650,000, which are in excess of the value of this Contract. The total costs associated with this project are summarized on the attached cost apportionment. It should be noted that $50,000 was originally budgeted for this work in the 2005 Capital Budget and the total project costs are $53,200 resulting in a shortfall of $3,200. It is recommended that, as detailed on the cost apportionment, the $50,000.00 funding originally included in the 2005 Capital Budget (110-36- 331-83637-7401) be used for the works and the funding shortfall of $3,200.00 be provided from the Operations Current Parks Maintenance Account (100-36-325-10115-7163) for total funding of $53,200.00, matching the total project costs. Based on the contractor's favourable past performance, 2005 budget availability and additional funding from the Current Parks Maintenance account, we recommend that All Services Inc. be awarded I 1214 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ms. Lou Ann Birkett, CPP, AMCT November 28, 2005 SCHEDULE "BU 2 Contract CL2005-43 in the total amount of $40,488.00 (excluding GST). It is further recommended that this report receive a forthwith at the December 5, 2005 General Purpose and Administration meeting in order that the work proceed this year. Should you require any additional information, please contact the undersigned. Yours truly, l ~",~,';':7 // l ~'-'-' ~'/':'-' /Y~J ton Albright, P.Eng. c / Project Engineer SB/sb p:\12-292S0-04\corresp\21262.doc Ene\. cc: Mr. F. Horvath, Director of Operations (+enc\.) Mrs. K. Rand, Confidential Secretary to the Director of Operations (+enc\.) Ms. Wendy Chandler, Clerk II (+enc\.) Mr. Phil Broome, Supervisor Mr. Murray Devitt, Supervisor Mr. Larry Postill, Supervisor 'UH 1215 ~ r ;- , , , . . 3 5 . . . r ~ ~ ~ '" ~ o 6 ;; " . -< . ~ n ,... " o ~ .. '" n o !!< )> "0 15 a o " 3 . 3. x IE n o !!< )> "0 "0 o "- o " 3 . 3. ~ n o .. - .. Ol ... CD CD >< n i: .. <' CD o ... G'l in ~ m .. - 3' Ol - CD Co lD c Co IC CD - 1Il C ... " i: .. C CD ... ,r ;:;: . it> '" ... o o o o . it> '" ... o o o o -; o - !. lD c Co IC CD - > 3 o C :I - it> it> '" UI o '" '0 N o 0 o 0 b _ (:) o 0 it> it> '" UI o '" '0 N o 0 o 0 b b o 0 -; o - !. o o :I - m S. .. IC - CD 3' ~ !!. ;" CD .. Co "II ... .2. 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CO-OPERATIVE TENDER T-257A-2005, DOMESTIC FUEL OIL Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-067-Q5 be received; 2. THAT Shell Canada Products with a net unit price in the amount of $0.7109 per litre (excluding GST), meeting all terms, conditions and specifications of the Co-operative Tender T-257A-2005 be awarded the contract to supply and deliver No.2 Domestic Fuel . Oil to the Municipality of Clarington for a three year term; 3. THAT pending satisfactory service and pricing, the contract be extended for an additional two years; and 4. THAT the funds expended be drawn from the respective years operating budget allocation for heating of facilities. Submitted by: Il~ Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services /\~~,. Reviewed b~ ~~ Franklin Wu, Chief Administrative Officer MMILABlkm 1217 REPORT NO.: COD-067-05 PAGE 2 OF 3. BACKGROUND AND COMMENT A Co-operative Tender was issued for the supply and delivery of No.2 Domestic Fuel Oil. Affiliated Hall Boards, Museums and Park Boards were given the option of being included in this tender. Subsequently, the bids were received and tabulated as per the attached bid summary, marked Schedule "A". The iirm mark up prices bid for this contract are firm for the 3 year term commencing January 5th, 2006, however the actual oil price is subject to a monthly adjustment based on.the Ontario Oil Buyers Guide. Note, the prices bid represent the price on the Oil Buyers Guide for the month of September. Since that time, the price on the Oil Buyers Guide has decreased, therefore the actual price charged will be based on the most recent monthly average (January) plus the applicable mark up. Based on the recent notice from Shell, the price effective December 5th, 2005 will be .5754/litre. The required funds will be drawn from the respective years operating budget allocation for heating of facilities from which there are adequate funds available. The price tendered represents a price increase of approximately eighty eight (88%) over the 200212003 tendered prices. For the informa!ion of Council, the 2004/2005 expenditure for this contract was approximately $49,000.00. After further review and analysis of the bids by the Purchasing, it is recommended that Shell Canada Products be recommended for the contract award to supply and deliver No.2 Domestic Fuel Oil for a 3 year term, as required by the Municipality of Clarington. It is further recommended that pending satisfactory service and pricing the contract be extended for an additional 2 years. The subject firm have previously provided satisfactory service for the Municipality of Clarington. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCESTREET, BOWMANVILLE, ONTARIO L 1C 3A6 T{905)623-3379 F (905)623-4169 H:\REPORTS\2005\COD-067 -05.doc 1218 I I I I I I I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Cl~n Municipality of Clarington SCHEDULE "A" BID SUMMARY CO-OPERATIVE TENDER T-257 A-2005 NO.2 DOMESTIC FUEL Oil Shell Canada Products Frew Petroleum :.... TOTAlBID:AMOUN <'..,; ...';._.,.,......,.-,.."....".,...." , '..' ,.,..'-<.~..-":,, .<,,,'.,-;. 0.7109 !litre 0.75871 litre 1219 I I I I I I I I I I I I I I I I I I I ClarinmlW. LeadingtheWay~l"" REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, DECEMBER S, 200S Resolution #: Report #: FND-019-0S By-law #: File#: Subject: APPOINTMENT OF AUDIT REVIEW GROUP Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-019-0S be received; and 2. THAT the audit review group be comprised of the Mayor as Chair of Finance, the Chief Administrative Officer and the Director of Finance/Treasurer and that this group be delegated the oversight responsibility for the financial reporting process. Reviewed bd <a.J..J2...s ~ Franklin Wu, Chief Administrative Officer. ~ Submitted by: NT/hjl 1301 REPORT NO.: FND-019-oS PAGE 2 BACKGROUND AND INFORMATION: 1.0 The purpose of this report is to formalize the constitution of the Audit Review Group. Section 5751 of the Canadian Institute of Chartered Accountant's (CICA) Handbook deals with "Communications. with those having oversight responsibility for the financial reporting process". This section of the Handbook became effective in December, 2002. Since that time, the auditor's have reported annually to .the Mayor, Chief Administrative Officer and Treasurer. 1;1 The Audit Review Group generally oversees three areas: financial reporting, audit activities, and risk management and control. As a result, generally two meetings __ . held each year. There is typically one meeting before the commencement of the audit to review the audit plan, discuss key areas of risk and audit focus, and confirm auditor independence. A second meeting is held after the audit is complete to present the audited financial statements and report on the results of the audit. The CICA Handbook includes items such as any weaknesses in internal controls, significant accounting policies, any difficulties encountered during the audit and any limitations placed on the audit as potential items to be discussed with the Audit Review Group. 1.2 After the financial statements are reviewed by the Audit Review Group with the Auditors, they are circulated to all Members of Council for information and a condensed financial statement is posted on the municipality's web site to meet the requirements for communicating to the public. Also, any recommendations for improvements to internal controls are reported to Council (referred to as the Audit Management Letter). CONCLUSION: 2.0 At the request of the auditors to formalize the process, it is recommended that the structure of the Audit Review Gro.up be approved by Council to include the Mayor, Chief Administrative Officer and Treasurer and that this group be delegated the responsibility for the oversight of the Municipality's financial reporting process. CORPORATION of THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1302 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Clarinm-'W Letuling the Way b~ REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MONDAY, DECEMBER 5, 2005 Resolution #: Report #: FND-020-05 File#: By-law #: Subject: 2004 AUDIT MANAGEMENT LETTER COMMENTS AND RECOMMENDATIONS Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-020-05 be received for information; and 2. THAT the actions taken in the body of this report be endorsed. . Revieweda~~ Franklin Wu, Chief Administrative Officer. / Submitted by: NT/hjl 1303 REPORT NO.: FND..Q20..QS PAGE 2 BACKGROUND: 1.0 As part of the annual audit process, the Municipality's auditors, Deloitte and Touche, provide a management letter containing observations and recommendations noted during the course of the audit, if any. The management letter for the 2004 audit was received October 31, 2005 and is attached. For ease of understanding, the letter should be read in conjunction with the related comments below. Management Letter Observations/Recommendations and Actions Taken: 2.0 Financiai "+"!!ement Preparation/Audit Preparedness The auditors have commended municipal staff on our continued progress in streamlining the year-end reporting process and support continued efforts. The Municipality strives to continually improve and enhance in this area. 2.1 Computer System Conversion The auditors are reporting that appropriate controls were in place during the Municipality's conversion to the new financial software and no significant issues are noted. 2.2 Bank Reconciliation Procedures The auditors noted that there was no documentary evidence pertaining to the independent review of monthly bank reconciliations. It is the Municipality's practice for the reviewer to initial that the review has taken place. While all reviews took place as monthly adjustments arising out of the bank statements must be electronically authorized by the management staff, staff will ensure that the initials are placed on the working papers for the bank reconciliation. 2.3 Payroll It was noted in the management letter that in a limited instance, there was a delay in changing an employee's status from active to terminated. The comment pertains to the part time staff. It should be clearly emphasized that this category of employee is only paid from authorized time sheets so staff are of the opinion that the potential for erroneous payment is extremely slight. Also, there is a process in place where beginning and end dates are entered into the database and reports generated by payroll to follow up on with the appropriate department. As a result of this audit comment, departments have been requested to be increaSingly diligent in notifying payroll promptly of status changes. 2.4 Encryption The auditors have recommended that encryption tools be used when sending tax billing files to the third party printer. This recommendation was put into place immediately. It is worth noting that the information is accessible to the public under the Municipal Act, 2001 for individual properties. 1304 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I REPORT NO.: FNO-D20-DS PAGE 3 2.5 Building Permit Revenue It was noted by the auditors that deposits for building permits were kept in an unlocked drawer for later transfer to finance for bank deposit. Building permit revenues are almost exclusively cheques, many of which are certified. As an interim measure, deposits are being turned over to the Finance department on a daily basis and are being maintained in a locked drawer during the course of the day. A drop safe will be installed in the building division as a longer term measure. CONCLUSION: 3.0 The auditors provide the management letter as a tool to improve processes within the municipality. No weaknesses or problems were identified that in any way impaci",j the results of the audit or the opinion expressed by the auditor on the municipality's financial statements. The municipality received a clear audit report for 2004 and was commended by the auditors for the municipality's efforts to improve the efficiency of the annual audit. Attachment "A" - Management letter from Deloitte & Touche LLP CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169 1305 Attachment "A" Deloltte 8< Touche LLP 5140 Yonge Street Suite 1700 Toronto ON M2N 6L7 Canada , Deloille" Tel: 416-601-6150 Fax: 416-601-6151 www.deloltte.ca September 9,2005 Private and Confidential Mr. John Mutton Chief Executive Offic~ Corporat;on of the Municipality of Clarington Municipal Offices ::",c . 40 Temperance Street 80wmanville ON LlC 3A6 Dear Mr. Mutton: We have completed our examination of the consolidated financial statements of the Corporation of the Municipality ofClarington for the year ended December 31, 2004. In addition to our audit report on the financial statements, we would like to provide the attached management comments for your consideration. These comments were reviewed with management. As part of our examination, we reviewed the Municipality's systems and internal accounting controls to the extent we considered necessmy to make an evaluation of such systems and procedures in accordance with Canadian generally accepted auditing standards. Under these standards, the fundamental purpose of the evaluation is to establish a basis for reliance on the internal accounting controls in determining the nature, extent, and timing of other auditing procedures which are necessmy for the expression of an opinion on the financial statements; it is not to determine whether internal controls are adequate for management's purposes. While the audit did not include an in-depth evaluation of all systems or all aspects of any individual system, we undertake to report any internal control matters which come to our attention during the audit. Our comments and recommendations are set out in the attached report. We would be pleased to discuss our recommendations and provide any assistance you may wish in their implementation. We would also like to take this opportunity to thank your staff for their excellent co-operation and assistance throughout the audit. Yours very truly, 'dl.lIlJli 0/ 11JUcJ.., ul Chartered Accountants Enclosure . Member of DeIoitt. Touche Toh~ 06 I I I I I I I I I I I I I I I I I I I I I I I I CORPORA TION OF THE MUNICIPALITY OF CLARINGTON Management Letter Year ended December 31,2004 Page 1 of2 1. Financial Statement PreDaratiool Audit PreDaredness Observation: The fmancial statements for the Municipality and related audit working papers were again well prepared and substantially completed this year when we commenced the fmal audit. This continues to promote the efficiency of executing the related year-end audit Recommendation: I I I I I I I I I I I I I I We commend you on your continued progress in streamlining the year-end reporting process and urgf .you to continue to do so in future years. 2. ComDuter SyStem Conversion Observation: During the year, your finance department performed a successful installation of Great Plains accounting software. During our review of this conversion procedures, we found no significant issues and appropriate controls were in place surrounding the conversion process. 3. Bank Reconciliation Procednres Observation: During our examination of the cash recording and bank reconciliation process, we noted that while bank account reconciliations were prepared on a timely basis, there was no doc\1lI1entarY evidence that they were being independently reviewed on a regular basis. A regular and thorough review of bank reconciliations is critical to helping ensure that the Municipality's cash is being safeguarded and recorded accurately. Recommendation: We recommend that all bank reconciliations be reviewed and approved by someone independent of the preparer, and that evidence of such review be indicated by the reviewer inserting their initials on the related reconciliations. We understand that the conversion to the new financial system software resulted in extra staff workload this year, which may have contributed to this situation. 1307 i CORPORA TION OF THE MUNICIPALITY OF CLARINGTON Management Letter Year ended December 31, 2004 Page 2 on 4. Pavroll Observation: During our testing of the payroll cycle, we noted certain instances in which there was a delay in changing an employee's status from Active to Terminated once these employees left the employ of the Municipality. It should be noted that these employees were not paid during this lag period, but the potential =i.sts for the payment of terminated employees in this situation. Recommendation: We recomme!"".he status of employees be updated immediately after the employee's last day of work in order that the potential for any erroneous payments is minimized. 5. Encrvption Observation: We noted that tax bills containing private information such as names, addresses, phone numbers and tax amounts are emailed to the third party printer without any encryption. There is a potential risk for information sent over the Internet to be intercepted and viewed using widely available software tools such as network sniffers. Thisjeopardizes the confidentiality of the . information managed by the Municipality and could lead to unauthorized use of private information. The need to address information security has been heightened with the recent increase in the number ofincidents of internet information theft. Recommendation: We recommend that encryption tools be used when sending data across the Internet. As a minimum, the ZIP file that contain the tax bills should be password protected during these transfers. 6. Buildinl! Permit Revenue Observation: During the course of the audit, it was noted that deposits for building permits were kept in an employee's unlocked drawer for later deposit into the bank. Recommendation: We recommended that all undeposited receipts be properly controlled in a locked receptacle while awaiting deposit, and only accessible to the related custodian of the funds. 1308 I I I I I I I I I I I I I I I I I I I CI~glOn MEMO TO: Mayor and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: December 2,2005 RE: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE AGENDA - DECEMBER 5, 2005 Please note the following changes to the Committee Agenda for December 5, 2005: 1. Addition of a verbal report of the Director of Planning Services following Report PSD-148-05; 2.. WithdfjWal of Report CLD-046-05. ~:;-~~;/ pa~arrie, A.M.C.T. Municipal Clerk PLB/ta cc: Department Heads Anne Greentree, Deputy Clerk Len Creamer, Manager of Municipal Law Enforcement Steve Harding, Union President