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HomeMy WebLinkAbout11/20/1995 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee November 20, 1995 ROLL CALL Present Were: Also Present: DECLARATIONS OF INTEREST MINUTES Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, November 20, 1995 at 9:35 a.m., in the Council Chambers. Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Counci Ilor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W. Stockwell Director of Community Services, J. Caruana (Until 11 :00 a.m.) Fire Chief, M. Creighton (Until 2:35 p.m.) Solicitor, D. Hefferon (Attended at 1:15 p.m.) Deputy Treasurer, N. Taylor Director of Public Works, S. Vokes (Until 2:35 p.m.) Director of Planning and Development, F. Wu Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. There were no declarations of interest. Resolution #GPA-616-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on November 6, 1995 be approved. "CARRIED" Resolution #GPA-617-95 Moved by Councillor Novak, seconded by Councillor Dreslinkski THAT Bob Cowie be allowed to address Members of the Committee as per the memorandum dated November 17,1995 from the Town Clerk. "CARRIED" 201 G.P.& A. Minutes - 2- November 20, 1995 . DELEGATIONS (a) Inspector Jim Adams, Durham Region Police Services, 16 Division, 77 Centre Street North, Oshawa, LlG 4B7 - reo Summer and Halloween Update of Activities - appeared before the Committee to present an update of the activities of the Durham Regional Police Service and indicated that the number of service calls for 16 Division were down from last year. He advised that commercial property break-ins have increased by 7% over last year and that residential and business property break-ins have increased by 4%. Two hundred and fifty seven traffic violation charges were laid in October and break-inslassualts are up slightly since last year. This Halloween, a large number of business people and citizens worked with the Police. This resulted in a quiet night. One youth was charged under the Loitering By-law. (b) Gordon White, 37 Windsor Valley Place, Courtice, L 1E 1J4 - reo Report PD-l07-95 - requested that Members of the Committee rescind Resolution #GPA-546-95 in which the Municipality appealed the decision of the Land Division Committee pertaining to his application on behalf of john Fox. . (c) Donna Robins, Chair, Clarke Museum & Archives, 4552 Hwy. #2, Newtonville, LOA 1JO - reo Storage for Museum Proposal - circulated a copy of her presentation which included a general overview, history, break-down of costs and analysis of maintenance costs pertaining to the Clarke Museum Board's request to construct a basic 3,040 sq. ft. storage building on the Museum site. This would provide a suitable and permanent storage for the Museum's collections. (d) Charlie Hynes, 1 Maryleah Court, Bowmanville, L 1C 4H4 - reo Report PD-129-95 - advised prior to the meeting that he would not be in attendance. (e) Terry Klawitter, 8 Maryleah Court, Bowmanville, L 1C 4H4 - reo Report PD-129-95 - circulated documentation dated November 20,1995, wherein he advised that he is 100% owner of the Liberty Street and Baseline Road property. He feels that the concerns of one of the objectors pertaining to traffic flow has been addressed because traffic lights have been installed at this intersection. He has eliminated one bay from the car wash and moved the building to meet the ten metre side-yard set-back in order to address concerns pertaining to noise emanating from the car wash and he stated that the car wash will be a complimentary use to adjacent commercial enterprises. . (I) Jan Hawryszko, 2588 Prestonvale Road, Courtice, LlE 1Wl - re: Report WD-53-95 - requested Members of the Committee to delay any decisions on development until a road system is in place. He advised that some of the land should be converted into a park to allow for tobogganing and also suggested that a four-way stop be installed at Claret and Prestonvale Roads. (g) John Patterson, 2 Glenabbey Drive, Courtice, L 1E 1 B9 - reo Report WD-53-95 - suggested that some of the stop signs on Glenabbey Drive should be eliminated. 202 . . . G.P.& A. Minutes - 3- November 20, 1995 DELEGATIONS CONT'D. PUBLIC MEETINGS (h) Clifford Pike, 23 Strathallan Drive, Courtice, L1 E 1 X8 - reo Report WD-53-95 - informed Members of the Committee that many small children reside on the westerly half of Strathallan Drive and suggested that a stop sign be installed on Strathallan Drive at the half-way point between Sandringham Drive and Trulls Road. (i) Jack Crosby or Nick Mensink, G.M. Sernas & Associates, 110 Scotia Crt., Whitby, l1N 8Y7 - reo Report WD-53-95 - advised prior to the meeting that they would not be in attendance. (j) John Stezik, 125 Glenabbey Dr., Courtice, L 1E 2B7 - reo Report WD-53-95 - advised prior to the meeting that he would not be in attendance. (k) Hugh Neill, 2111 Prestonvale Road, Courtice, L 1 E 2S2 - reo Report WD-53-95 - was called but was not present. (I) Bob Cowie, 2682 Prestonvale Road, Courtice, L 1 E 2R9 - expressed support for the recommendations contained in Report WD-53-95. Resolution #GPA-618-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the Committee recess for fifteen minutes. "CARRIED" The meeting reconvened at 10:40 a.m. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding Public Meetings for the following applications: (a) Proposed Zoning By-law Amendment - Part Lots 31 and 32, Concession 3, former Township of Clarke - Ganaraska Region Conservation Authority; (b) Proposed Zoning By-law Amendment - Part Lot 34, Concession 2, former Township of Darlington - Kiddicorp Investments Ltd.; and (c) Proposed Official Plan Amendment and Proposed Zoning By-law Amendments - Courtice Heights Developments. The Deputy Clerk advised that the Clerk's Department sent public notices by first class mail on or before October 20, 1995 to all property 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 October 20, 1995. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. 203 . . . G.P.& A. Minutes - 4 - November 20, 1995 PUBLIC MEETINGS CONT'D. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of each of the proposed applications, then the objectors would be heard, followed by the supporters and the appl icant. (a) Report PD-124-95 - Ganaraska Region Conservation Authority - the purpose and effect of this application is to rezone the subject lands from "Agricultural Exception (A-l)" to "Environmental Protection (EP)" to provide for the protection of the flood plain, wildlife, park and openspace. No one spoke in opposition to this proposal. Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1)4, expressed support for this application noting that she agrees with the protection of the flood-plain, wildlife, the park and open space. Mr. Tedford, Acting C.A.O. of the Ganaraska Region Conservation Authority, Box 328, PorI Hope, L 1A 3W4, was present to answer questions from the Committee. (b) Report PD-125-95 - Kiddicorp Investments Ltd. - the purpose and effect of this application is to rezone the subject lands from "Environmental Protection (EP)" to permit the development of three lots for single family dwellings. Libby Racansky, 3200 Hancock Road, Courlice, LlE 2M1, circulated a letter dated November 18,1995 and a petition dated May 18,1995 of persons asking for the protection and preserve of Farewell Valley in Courtice/Oshawa and wetland in Courtice for the habitat of wildlife. She noted that the mistake of allowing more homes to be built so close to the valley should not be repeated and that the area is quite wet with visible seapage, being part of a clay cliff. She requested that access be allowed to the valley via a trail. Chuck Moore, 114 Auburn Lane, Courtice, L 1E 2E9, circulated a letter dated November 20, 1995 formally opposing the application for rezoning because one of the lots will extend 22' across the back of his ravine lot for which he paid a premium of $15,000.00. He requested that Members of the Committee approve one of his two suggestions to correct this situation as this would lead to a fair and equitable resol ution that would benefit all parties. No one spoke in support of this appplication. Devon Biddle, Biddle and Associates, 96 King Street East, Oshawa, L 1 H 1 B6, appeared on behalf of Kiddicorp Investments Ltd. and described the history of the application. He advised that the developer will provide chain link fencing to separate lands in private/public ownership. He noted that the zoning of these lots does not permit structures in the back yard. He is willing to address Mr. Moore's concerns. 204 . . . G.P.& A. Minutes - 5- November 20, 1995 PUBLIC MEETINGS CONT'D. (c) Report PD-126-95 - Courtice Heights Developments - the purpose and effect of the Official Plan Amendment is to increase the target population for Neighbourhood 3C from 1800 to 3600, designate medium and low density residential areas, realign the road network, establish a Neighbourhood Commercial site and redefine the Minor Open Space system and Hazard Land areas. Report PD-126-95 - Courtice Heights Developments - the purpose and effect of the Zoning 8y-law Amendment - Plan of Subdivision is to change the existing zoning from "Agricultural (A)" and "Environmental Protection (EP)" to an appropriate zone to permit the development of a 127 unit plan of subdivision. The proposed draft plan of subdivision contains 115 single detached units and 12 semi-detached units. Report PD-126-95 - Courtice Heights Development - the purpose and effect of the Zoning By-law Amendment is to change the existing zoning from "Agricultural (A)" and "Environmental Protection (EP)" to an appropriate zone to permit the development of a 175 unit plan of subdivision. The proposed draft plan of subdivision contains 75 single detached units, 66 semi-detached units and 34 townhouse units. Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1)4, expressed opposition to this proposal because the area has a high environmental sensitivity ranking with the addition of a tributary and regionally rare plant species. Because these lands have been previously disturbed by complete removal of vegetation or selective timber harvesting, the sensitivity ranking has been reduced and she feels that commercial enterprises should not benefit from environmental vandalism. Stan Racansky, 3200 Hancock Road, Courtice, L 1E 2M1, circulated documentation dated November 18, 1995 wherein he quotes various sections of environmental impact studies which conclude that this is a highly environmental sensitive area. He requested that a Watershed Study be undertaken of the entire North Courtice area before any development is allowed to take place. He requested the establishment of a Courtice Conservation Area to ensure that the most sensitive parts of Courtice North be preserved for their ecological functions and for future generations. Rick Daniels, 3142 Hancock Road North, Courtice, L 1E 2M1, circulated a letter dated November 20, 1995 from Maureen Baglole and Glenda Richards wherein they advised that they have never experienced problems with their well water. He questioned the negative impact which development may have on the wells of the Courtice residents. He noted that the hydrological report contains some inaccuracies and suggested that the lands remain under the designation of Environmentally Protected until all the facts have been determined. He expressed a concern pertaining to the size of the signs which are posted on the site and advise of the rezoning application, which, in his estimation are not easily visible from the road. He suggested that the lands be given a conservation area designation or turned into a golf course. 205 . . . G.P.& A. Minutes - 6- November 20, 1995 PUBLIC MEETINGS CONT'D. Kerry Meydam, 3828 Trulls Road, Courtice, l1E 2L3, concurred with the comments made by previous speakers reiterating the prematurity of this development because of the water table and wildlife habitat. She fears that with the Provincial Budget cuts and reduction of transfer payments to Municipalities that Council's powers of approval might be reduced and she requested that something be done now to rectify the problems which have been created in the past. William Manson, WDM Consultants, 20 Clematis Road, Willowdale, M2J 4X2, advised that a hydrological study undertaken by Walter Gibson Associates in 1993 indicates that the possibilities are very remote that surrounding wells will be negatively affected. He delved into the requirements of the Regional Well Water Interference Policy which requires developers to closely monitor the wells of residents which may be negatively affected by development and to correct the situation if this should arise. Resolution #GPA-619-95 Moved by Mayor Hamre, seconded by Councillor Scott THAT the Committee recess for lunch until 1:15 p.m. "CARRIED" The meeting reconvened at 1 :15 p.m. Councillor Dreslinski chaired this portion of the meeting. PLANNING DEPARTMENT Rezoning Application Ganaraska Region Conservation Authority D14.DEV.95.072 Resolution #GPA-620-95 Moved by Councillor Scott, seconded by Mayor Hamre THAT Report PD-124-95 be received; THAT rezoning application DEV 95-072 submitted by Ganaraska Region Conservation Authority to change the zoning of the lands to "Environmental Protection (EP)" in their entirety be approved; THAT the amending by-law attached to Report PD-124-95 be forwarded to Council for approval; THAT a copy of Report PD-124-95 and the amending by-law be forwarded to the Region of Durham Planning Department; 206 . . . G.P.& A. Minutes - 7- November 20, 1995 PLANNING DEPARTMENT CONT'D. THAT the amending by-law be circulated in accordance with regulations made under the Planning Act; and THAT the Durham Region Planning Department, all interested parties listed in Report PD-124-95 and any delegation be advised of Council's decision. "CARRIED" Rezoning Resolution #GPA-621-95 Appl ication Kiddicorp Investments Moved by Councillor Hannah, seconded by Councillor Novak Ltd. D14.DEV.95.069 THAT Report PD-125-95 be received; Official Plan Amendment, Rezoning and Plan of Subdivision D09.0PA.92.N.007 D14.DEV.94.067 D14.DEV.92.033 D12.18T.94027 D12.18T.92014 THAT the request submitted by D.G. Biddle and Associates on behalf of Kiddicorp Investments Limited for a zoning amendment be referred back to staff for further processing and the receipt of all outstanding comments; and THAT the interested parties listed in Report PD-125-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-622-95 Moved by Mayor Hamre, seconded by Councillor Hannah THAT Report PD-126-95 be received; THAT the applications to amend the former Town of Newcastle Official Plan and the former Town of Newcastle Zoning By-law 84-63, as amended, submitted by WDM Consultants on behalf of Courtice Heights Developments be referred back to Staff for processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PD-126-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-623-95 Moved by Mayor Hamre, seconded by Councillor Hannah THAT Report PD-131-95 be referred to the end of the agenda to be considered "In Camera" to hear the confidential verbal report of the solicitor. "CARRIED" 207 . . . G.P.& A. Minutes - 8- November 20, 1995 PLANNING DEPARTMENT CONT'D. Monitoring of the Decisions of the Committee of Adj ustment for the Meeting of November 9, 1995 D13.CO Remi Court Subdivision Plan 10M-828 Certificate of Release D12.CE Resolution #GPA-624-95 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report PD-127-95 be received; THAT Council concur with the decisions of the Committee of Adjustment made on November 9, 1995; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. "CARRIED" Resolution #GPA-625-95 Moved by Counci Ilor Scott, seconded by Mayor Hamre THAT Report PD-128-95 be received; THAT, pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and Foster Creek Developments 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 C1arington the "Certificate of Release"; and THAT Foster Creek Developments Ltd. be informed of Council's decision. "CARRIED" Rezoning Application Resolution #GPA-626-95 Terry Klawitter D14.DEV.95.027 Moved by Councillor Pingle, seconded by Councillor Hannah THAT Report PD-129-95 be received; THAT rezoning application DEV 95-027 submitted by Terry Klawitter to permit the establishment of a car wash in addition to the existing fuel bar and drive-thru donut kiosk be approved; THAT the amending by-law attached to Report PD-129-95 be forwarded to Counci I for approval; THAT a copy of Report PD-129-95 and the amending by-law be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-129-95 and any delegation be advised of Council's decision. "CARRIED" 208 . . . G.P.& A. Minutes - 9- November 20, 1995 PLANNING DEPARTMENT CONT'D. Official Plan Amendment - Gertrude Tomina D09.0PA.95.009/D Resolution #GPA-627-95 Moved by Mayor Hamre, seconded by Councillor Hannah THAT Report PD-130-95 be received; THAT the Official Plan Amendment submitted by H. Kortekaas & Associates Inc. on behalf of Gertrude Tomina to redesignate the north east corner of King Street and Hancock Road on Schedule AS of the Durham Regional Official Plan from Agricultural to Major Open Space to permit the establishment of a driving range be supported; THAT a copy of Report PD-130-95 and Council's decision be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PD-130-95 and any delegation be advised of Council's decision. "CARRIED" Report PD-131-95 See Resolutions #GPA-623-95 and #GPA-648-95. Highway 401, Resolution #GPA-628-95 Preliminary Design Study Median Barrier Moved by Councillor Elliott, seconded by Councillor Scott and Road Improvements THAT Report PD-134-95 be received for information. T05. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-629-95 Moved by Mayor Hamre, seconded by Councillor Hannah THAT the foregoing Resolution #GPA-628-95 be amended by adding the following wording thereto: "and that the Municipality of Clarington endorse Alternative #3 contained on Page 2 of Report PD-134-95; and THAT the Ministry of Transportation of Ontario, the Regional Municipality of Durham, Hope Township and Durham M.P.P.'s be advised of Council's decision." "CARRIED" 209 . . . G.P.& A. Minutes - 10- November 20, 1995 PLANNING DEPARTMENT CONT'D. Monthly Report on Building Permit Activity October, 1995 P10.MO CLERK'S DEPARTMENT Parking Enforcement Monthly Report October, 1995 T02.MO Appointment of Parking Enforcement Officer C12.AP The foregoing Resolution #GPA-628-95 was then put to a vote and "CARRIED AS AMENDED". Resolution #GPA-630-95 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Report PD-132-95 be received for information. "CARRIED" Councillor Pingle chaired this portion of the meeting. Resolution #GPA-631-95 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report CD-32-95 be received for information; and THAT a copy of Report CD-32-95 be forwarded to the Bowmanville B.I.A. for their information. "CARRIED" Resolution #GPA-632-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report CD-33-95 be received; and THAT the By-law attached to Report CD-33-95 be approved. "CARRIED" Student Page Program Resolution #GPA-633-95 C12.AP TREASURY DEPARTMENT Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report CD-34-95 be received for information. "CARRIED" There were no reports considered under this section of the agenda. Councillor Scott chaired this portion of the meeting. 210 . . . G.P.& A. Minutes -11 - November 20, 1995 FIRE DEPARTMENT Monthly Fire Report October, 1995 P16.MO Fire Department Tanker #3 VOl. Resolution #GPA-634-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT Report FD-17-95 be received for information. "CARRIED" Resolution #GPA-635-95 Moved by Councillor Pingle, seconded by Councillor Novak THAT Report FD-18-95 be received; THAT the 1971 tanker formerly stationed at Station #3, Orono be declared surplus; THAT the tanker be sold through the tender process; and THAT the funds received be deposited into the Fire Department Equipment Reserve Account for the purpose of replacing the tanker once sufficient funds are available. "CARRIED" COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. Councillor Elliott chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Prestonvale Road Area, Courtice Traffic Concerns T08.GE ADMI N ISTRA TION Resolution #GPA-636-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report WD-53-95 be tabled to the Council meeting scheduled for November 27, 1995. "CARRIED" There were no reports considered under this section of the agenda. 211 . . . G.P.& A. Minutes - 12- November 20, 1995 UNFINISHED BUSINESS Resolution #GPA-637-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Inspector Jim Adams be acknowledged with appreciation. "CARRIED" Resolution #GPA-638-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the Rules of Procedure be suspended to allow for reconsideration of Resolution #GPA-546-95. "CARRIED" Resolution #GPA-639-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Resolution #GPA-546-95 be reconsidered at this time. "CARRIED" Resolution #GPA-640-95 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Resolution #GPA-546-95 be rescinded; and THAT the Municipality of Clarington withdraw its appeal of Mr. Gordon White's application to the Land Division Committee. "CARRIED" Resolution #GPA-641-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Mr. Gordon White be advised of Council's decision pertaining to rescinding Resolution #GPA-546-95. "CARRIED" 212 . . . G.P.& A. Minutes - 13- November 20, 1995 UNFINISHED BUSINESS CONT'D. Request for Stop Sign on Strathallan Drive T08. OTHER BUSINESS Appointment to Clarke Museum Board C12.CL Resolution #GPA-642-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the delegation of Donna Robins pertaining to the Clarke Museum's request to construct a storage building be referred to the Chief Administrative Officer for review and report, FORTHWITH. "CARRIED" Resolution #GPA-643-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT the request of Mr. Clifford Pike for the installation of a stop sign on Strathallan Drive, halfway between Trulls Road and Sandringham Drive, be referred to staff for the preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Mr. Pike be advised of Council's decision. "CARRIED" Resolution #GPA-644-95 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Valerie St. Croix be appointed to the Clarke Museum Board for a term ending November 30, 1997; THAT the appropriate by-law be enacted by Council; and THAT Valerie St. Croix and the Clarke Museum Board be advised of Council's decision. "CARRIED" Resolution #GPA-645-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the Committee recess for fifteen minutes. "CARRIED" The meeting reconvened at 2:35 p.m. 213 . . . G.P.& A. Minutes - 14- November 20, 1995 OTHER BUSINESS CONT'D. ADJOURNMENT Resolution #GPA-646-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the meeting be "In Camera" for consideration of legal and property matters. "CARRIED" Resolution #GPA-647-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the actions taken "In Camera" be ratified. "CARRIED" Resolution #GPA-648-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report PD-131-95 be received for information. "CARRIED" Resolution #GPA-649-95 Moved by Councillor Pingle, seconded by Councillor Hannah THAT the meeting adjourn at 3:30 p.m. "CARRIED" $/1fJ)~~ Diane Hamre, Mayor ~~~~CI"'k 214