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HomeMy WebLinkAbout05/04/1998 THE MUNICIPALITY OF CLARINGTON . General Purpose and Administration Committee May 4, 1998 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, May 4, 1998 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D, Hamre Councillor 1. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Also Present: Chief Administrative Officer, W. Stockwell Municipal Clerk, P. Barrie (until 12:05 p.m.) Director of Community Services, J, Caruana Deputy Fire Chief, B. Hesson Treasurer, M. Marano Director of Public Works, S. Vokes (left the meeting from 9:45 a,m. until 11:55 a.m.) Director of Planning and Development, F. Wu Deputy Clerk, M. Knight . Mayor Hamre chaired this portion of the meeting. DISCLOSURE OF PECUNIARY INTEREST Councillor Trim indicated that he would be making a disclosure of pecuniary interest with respect to Report PD-58-98. Councillor Novak indicated that she would be making a disclosure of pecuniary interest with respect to Reports PD-53-98 and PD-59-98. MINUTES Resolution #GPA-250-98 Moved by Councillor Mutton, seconded by Councillor Schell THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on April 20, 1998, be approved. "CARRIED" . 301 G.P. & A. Minutes . DELEGATIONS . PUBLIC MEETINGS . -2 - May 4, 1998 (a) Clay Taylor, North C1arington Ratepayers Association, R.R. #3, Pontypool, LOA IKO - re: CD-16-98 - appeared on behalf of the North Clarington Ratepayers Association Inc., and circulated a copy of his presentation for the benefit of Members of the Committee. He stated that "Mosport already has more freedom and flexibility under our current noise by-law then any other person or company in this municipality." He expressed a concern pertaining to a significant increase in activity at the road track. He noted that noise levels, east of Mosport, were unacceptable. He further noted that a 90% compliance with the installation of mufflers and possibly 100% in 3 to 5 years is totally unacceptable. He advised that the staff report should not be considered until all parties have had a chance to understand the content of the engineering reports done by the municipality's sound consultants as well as the reports submitted by the operators of the Mosport property. He circulated a letter from Anton Ivan Xenia Krebelj which states that she and her husband cannot enjoy summer days outside and must keep their windows closed because the noise is unbearable. The loud noise does not only come from auto racing but from loud music blasting from huge speakers and the music individual campers play on their boom boxes. (b) Roy Forrester, 6 Mill Lane, Orono, LOB IMO - Oak Ridges Moraine Association - circulated a copy of his presentation dated May 4, 1998, wherein he advised that the most easterly chapter of the Oak Ridges Moraine Association is the Ganaraska Chapter of which he has recently been made chair. His group is investigating possible routes that the trail might take through the north of the Municipality ofClarington mainly using unopened road allowances. Towards this goal, he requested that the municipality retain ownership of its unopened road allowances and that the committee be listed as an interested party to the listing of road allowances. Councillor Novak chaired this portion of the meeting. Resolution #GPA-25 1-98 Moved by Councillor Schell, seconded by Councillor Rowe THAT the second Public Meeting pertaining to Report PD-53-98 - Blackcreek Developments Limited be moved to the end of the public meetings. "CARRIED" Pursuant to the Planning Act, the Council of the Municipality ofClarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Proposed Zoning By-law Amendment- Part Lot 17, Concessions 1 and 2, former Township of Darlington - Green Martin Developments Limited (b) Proposed Zoning By-law Amendment- Part Lot 16, Concession I, former Township of Darlington - Cambridge Shopping Centres (c) Proposed Zoning By-law Amendment - Part Lots 29 and 30, Concession 3, former Township of Darlington - Blackcreek Developments Limited 302 G.P. & A, Minutes - 3- May 4, 1998 PUBLIC MEETING CONT'D . The Deputy Clerk advised that the rezoning applications were sent by fIrst class mail on or before April 9, 1998, to all properly owners within 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition, notices were also posted on the sites prior to April 9, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The public notice for the proposed plan of subdivision applications by fIrst class mail on or before April 9, 1998 to all properly owners within 120 metres of the subject property in accordance with the latest municipal assessment records. In addition, notices were also posted on the sites prior to April 9, 1998. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-52-98 - Green Martin Developments Limited - Part Lot 17, Concessions 1 and 2, former Township of Darlington - the purpose and effect of the application is to rezone the subject lands to an appropriate zone to permit the development of highway commercial uses, . Bob Martindale, Martindale Planning Services, 23 Elizabeth Street, Ajax, LIH 2Xl - appeared on behalf of Glenn Willson, President of Clarington Place Limited and circulated a copy of his presentation. He advised that, since the subject properly is just outside the Wesr Bowmanville Main Central Area, its development is not controlled by the very stringent retail commercial policies that apply to the lands immediately to the east. A large portion of his client's land had to be dedicated for streets which is not a requirement in this case. In addition, Clarington Place Limited and Markborough Properties have, since 1992, had to comply with an extensive list of municipal financial requirements including: . cost sharing for the preparation of the West Bowmanville Secondary Plan; . cost sharing of the Municipality's legal costs for the extensive OMB hearings on the plan; . cost sharing for the urbanization of Highway #2; . provision of elaborate landscaping of Clarington Boulevard and expensive screening around rooftop mechanical units; and . contribution towards the beautification of the downtown and a marketing study to improve its viability. He concluded by urging Members of the Committee to ensure that all developers of commercial space in the Bowmanville area be requested to play on the same level field in order to be fair to those who set the stage for what is happening today. Rob Lupton, 16 Hockaday Court, Solina, LOB lJO - appeared on behalf of Millwork Home Centre, 1279 Simcoe Street, Oshawa - has been looking for a site to relocate and this area would be appropriate. The store would employ 75 to 100 employees. He requested thar this application be allowed to proceed. . 303 G.P. & A. Minutes - 4- May 4, 1998 PUBLIC MEETINGS CONT'D . Kelvin Whalen, Green Martin Developments Ltd. & Green Martin Properties Ltd., 1029 McNicoll Avenue, Scarborough, MIW 3W6 - noted concurrence with the recommendations contained in Report PD-52-98 and was present to answer questions from Members of the Committee. (b) Report PD-54-98 - Cambridge Shopping Centres - Part Lot 16, Concession I, former Township of Darlington - the purpose and effect of the application is to rezone the subject property to permit the development of a veterinary clinic in addition to the existing permitted uses. No one spoke in opposition to or in support of this application. Kevin Tunney, Tunney Planning Inc., 340 Byron Street South, Suite 200, Whithy, LIN 4P8 - requested that, since no one has objected to the proposal, Members of the Committee approve the rezoning to allow a veterinary clinic and that the by-law be passed by Council on the following Monday to speed up the process. Mayor Hamre chaired this portion of the meeting. Councillor Novak disclosed a pecuniary interest and refrained from discussion and voting on the matter, Her relatives are listed as interested parties to Report PD-53- 98 . (c) Report PD-53-98 - Blackcreek Developments Limited - Part Lots 29 and 30, Concession 3, former Township of Darlington - the purpose and effect ofthe application is to rezone the subject property to the appropriate zones to permit the development of a draft plan of subdivision consisting of 54 single detached dwelling units, 38 semi-detached dwelling units, 38 semi-detached dwelling units and 42 street townhouse dwelling units. Chris Conti, President, Conti Environmental Services Inc., 10 King Street, Port Hope, LIA 2R4 - appeared on behalf of Friends of the Farewell and circulated a document from Libby Racansky entitled "Comments on Birchdale Village Development" and noted that, in retrospect, the whole Courtice area should never have been developed because of its highly sensitive environmental features. He has reviewed the Enviromnentallmpact Statement and is not sure that the plan will protect the environmental features and their specific contribution within the whole area. He stated that this is a unique and special site and that the following should be addressed: . maintenance of plant species; . access to the open space by people and pets which will cause substantial destruction; . the alteration to the alignment of George Reynolds Drive will bring it through the wetland area; . a watershed study needs to be undertaken; and . the water courses and fish habitat will be adversely affected. . Don McKenna, 18 Fonrth Avenue, Courlice, LIE 2H7 - advised that, if this development takes place, Fourth Avenue should be rebuilt to the same standard as the new roads and that he would be interested in hooking up to the sewers. 304 G.P. & A. Minutes - 5- May 4, 1998 PUBLIC MEETINGS CONT'D . R. Shepherd, 32 Jane Avenue, Courtice, LIE 2H9 - advised that, if Jane Avenue is extended, it will destroy his properly and his privacy will be totally gone. He noted that people purchase recycled paper to save trees and yet this developer is allowed to cut down thousands of trees and he questioned why. Peter Branton, 21 Jane Avenue, Courtice, LIE 2H9 - circulated a copy of his presentation dated May 4, 1998, wherein he made the following suggestions: . that Jane Avenue remain as is and not be extended; . three pie shape lots can be placed on the bend of the junction of Jane Avenue and Glenview Road; . ingress and egress will be via George Reynolds Drive; and . stone cribbing of the watercourse should be a requirement. Jan Hayman, 22 Jane Avenue, Courtice, LIE 2H9 - on the projected screen, outlined the area to be developed. She noted that the existing development has been in place for 40 years with rural standard roads and large lots with wells and septic systems. No sidewalks are presently in place. She objects to the extension of Fourth Avenue to Jane Avenue and, in keeping with the significance of the historical traffic pattern, a cul-de-sac would be preferable. She advised that single family dwellings with a minimum 50 ft frontage would be acceptable. Resolution #GPA-252-98 Moved by Councillor Rowe, seconded by Councillor Mutton . THAT the Committee recess for 15 minutes. "CARRIED" The meeting reconvened at 11:30 a.m. William D. Manson, 20 Clematis Road, Willowdale, M2J 4X2 - appeared on behalf of Courtice Heights Developments, owners of land to the southwest of this site, and noted that he is pleased with this application. Courtice Heights Developments have spent a considerable amount of funds on the Blackcreek Tributary Master Study and he noted that the past flooding problems were eliminated by the removal of an old railway embankment undersized culvert, Bill Creamer, D.G. Biddle and Associates, 96 King Street East, Oshawa, LI H IB6 - appeared on behalf of the applicant and noted concurrence with the recommendations contained in Report PD-53-98. He noted that the street pattern was laid out as part of the Official Plan and noted his willingness to address the concerns expressed by the residents. Councillor Novak chaired this portion of the meeting. . 305 G.P, & A. Minutes - 6- May 4, 1998 . PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Resolution #GPA-253-98 Application Green Martin Moved by Councillor Schell, seconded by Councillor Trim Dev. & Green Martin Properties Ltd. THAT Report PD-52-98 be received; D14.DEV.98.013 THAT the application to amend the Zoning By-law 84-63 ofthe former Town of Newcastle, as amended, submitted by Design Plan Services Inc. on behalf of Green Martin Developments Ltd. and Green Martin Properties Ltd. be referred back to staff; and THAT the Durham Regional Planning Department, all interested parties listed in Report PD-52-98 and any delegations be advised of Council's decision, "CARRIED" Resolution #GPA-254-98 Moved by Councillor Young, seconded by Councillor Schell THAT Report PD-53-98 be referred for consideration later in the meeting. "CARRIED" . Rezoning Application Cambridge Shopping Centres D14.DEV.98.018 Resolution #GPA-255-98 Moved by Mayor Hamre, seconded by Councillor Young THAT Report PD-54-98 be received; THAT the rezoning application by Cambridge Shopping Centre to allow a veterinary clinic be approved and staff bring forward the necessary amending by-law to Council for adoption; and THAT all interested parties listed in Report PD-54-98 and any delegations be advised of Council's decision, "CARRIED" Decisions of Committee of Adjustments Cl2.CO Resolution #GPA-256-98 Moved by Councillor Trim, seconded by Councillor Young THAT Report PD-56-98 be received; THAT Council concur with decisions of the Committee of Adjustment made on April 16, 1998 for applications A98/016 to A98/018, inclusive; and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/016 to A98/018, inclusive, in the event of an appeal. . "CARRIED" 306 G.P. & A. Minutes - 7- May 4, 1998 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Resolution #GPA-257-98 1249920 Ontario Inc. Certificate of Release L04.CE . Bowmanville Creek Aquatic Resources Management Plan Rezoning Application Blackcreek Developments Ltd. Dl4.DEV.95.020 . Moved by Councillor Schell, seconded by Councillor Young THAT Report PD-57-98 be received; THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and 1249920 Ontario Inc. (formerly Kiddicorp Investments Ltd.), the Municipality has no objections to the issuance of the "Certificate of Release"; THAT the Mayor and Clerk be authorized by by-law to execute, on behalf of the Municipality of Cia ring ton, the "Certificate of Release"; and THAT all interested parties listed in Report PD-57-98 and any delegations be advised of Council's decision. "CARRIED" Councillor Trim disclosed a pecuniary interest with regards to Report PD-58-98 and refrained from discussion and voting on the matter. His employer is referenced in the report, Resolution #GPA-258-98 Moved by Councillor Young, seconded by Councillor Mutton THAT Report PD-58-98 be received; and THAT the Central Lake Ontario Conservation Authority be forwarded a copy of Report PD-58-98 and a copy of Council's decision. "CARRIED" Mayor Hamre chaired this portion of the meeting. Councillor Novak disclosed a pecuniary interest with regards to Reports PD-53-98 and PD-59-98 and refrained from discussion and voting on the matter. Her relatives are listed as interested parties to the reports. Resolution #GPA-259-98 Moved by Councillor Young, seconded by Councillor Trim THAT Report PD-53-98 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, as amended, submitted by D.G. Biddle and Associates on behalf of Black creek Developments Limited be referred back to staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 307 G.P. & A. Minutes - 8- May 4, 1998 . PLANNING AND DEVELOPMENT DEPARTMENT CONT'D Birchdale Village Environmental Impact Study D12,BI THAT all interested parties listed in Report PD-53-98 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-260-98 Moved by Councillor Rowe, seconded by Councillor Mutton THAT Report PD-59-98 regarding the Birchdale Village Environmental Impact Study be received for information; THAT Mr. Carlo Aloe be thanked for his work as the citizen representative on the Steering Committee for the Environmental Impact Study; and THAT a copy of Council's decision be forwarded to all delegations and interested parties. "CARRIED" Councillor Trim chaired this portion of the meeting. CLERK'S DEPARTMENT . Animal Control Monthly Report March 1998 PI4.MO 1998 Season Mosport Park . Resolution #GPA-26 1-98 Moved by Councillor Novak, seconded by Councillor Schell THAT Report CD-25-98 be received for information; and THAT a copy of Report CD-25-98 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. "CARRIED" Resolution #GPA-262-98 Moved by Councillor Schell, seconded by Councillor Novak THAT Report CD-16-98 be tabled to the Council Meeting scheduled to be held on May II, 1998. "CARRIED" 308 G.P. & A. Minutes -9 - May 4, 1998 . TREASURY DEPARTMENT Purchase of Pavement Markings Funeral Homes Accounts Receivable F02. . Development Charges Policy Report! Consultants A09. . Councillor Mutton chaired this portion of the meeting. Resolution #GPA-263-98 Moved by Councillor Young, seconded by Councillor Schell THAT Report TR-30-98 be received; THAT the procedures set ont in Purchasing By-law No. 94-129, Section 5, Paragraph 06, be waived for this particular transaction; THAT Council authorize the Region of Durham to provide pavement marking services at an estimated cost of $24,000.00; and THAT the funds be drawn from the 1998 Public Works Budget for Pavement Marking, Account 7208-00431-0249, FORTHWITH. "CARRIED" Resolution #GPA-264-98 Moved by Councillor Trim, seconded by Councillor Young THAT Report TR-32-98 be received; THAT Council authorize that interest charges be applied to invoices with respect to funeral homes that are outstanding more than 90 days from the date of invoice; and THAT Morris Funeral Chapel, Northcutt Elliott Funeral Home and Newcastle Funeral Home be advjsed of Council's decision. "CARRIED" Resolution #GPA-265-98 Moved by Councillor Schell, seconded by Councillor Novak THAT Report TR-33-98 be received; THAT the firms ofCam Watson & Associates and Hemson Consulting be invited to submit bids based on the terms of reference identified as Attachment #3 to Report TR-33-98; THAT paragraph 5.06 of the purchasing by-law #94-129 be waived for this transaction; THAT the Chief Administrative Officer be authorized, with the appropriate staff, to select the appropriate fIrm to perform the required work to assist the municipality in preparation of the Development Charge Background Study, Policy Report and By-law; and 309 G.P. & A. Minutes - 10- May 4, 1998 . TREASURY DEPARTMENT CONT'D FIRE DEPARTMENT THAT the Clarington Hydro Electric Commission be invited to participate in the process on a pro rated cost sharing basis. "CARRIED" COMMUNITY SERVICES There were no reports considered under this section of the Agenda. There were no reports considered under this section of the Agenda. Councillor Young chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Monthly Report Building Permit Activity PIO.MO . Request from Preservation Sanctuary Camp Club T06. ADMINISTRATION . Resolution #GPA-266-98 Moved by Councillor Schell, seconded by Councillor Novak THAT Report WD-28-98 be received for information. "CARRIED" Resolution #GPA-267-98 Moved by Mayor Hamre, seconded by Councillor Mutton WHEREAS a concern has been raised by Laurie Hachey that his property could be landlocked; and WHEREAS a concern has been raised pertaining to the allowable distance from the railway tracks; NOW THEREFORE be it resolved that the Addendum to Report WD-74-97 be tabled to the Council Meeting for May 11, 1998, pending the preparation of a report by staffto address these concerns, "CARRIED" Mayor Hamre chaired this portion of the meeting. There were no reports considered under this section of the Agenda. 310 G.P, & A. Minutes - 11 - May 4, 1998 . UNFINISHED BUSINESS Resolution #GPA-268-98 Delegation of Roy Forrester OTHER BUSINESS Apartment-in- House . ADJOURNMENT . Moved by Councillor Mutton, seconded by Councillor Novak THAT the delegation of Roy Forrester, Chair, Ganaraska Chapter, Oak Ridges Trail Association, be acknowledged; THAT the Oak Ridges Trail Association be included as an interested party to the Municipality's listing of unopened road allowances; and THAT Roy Forrester be advised of Council's decision. "CARRIED" Resolution #GPA-269-98 Moved by Councillor Mutton, seconded by Councillor Schell THAT staff be directed to bring forth an amendment to the Apartment-in-house Registration By-law to extend the registration deadline to June 30,1998. "CARRIED" Resolution #GPA-270-98 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 12:20 p.m. "CARRIED" ..~ ~ 4. V~ MAYOR ~! EPUTY CLERK 311