HomeMy WebLinkAbout10/04/2010•
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Energizing Ontario
DATE: MONDAY, OCTOBER 4, 2010
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held September 20, 2010
PRESENTATIONS
a) Steven Cooke, Navy League of Canada -Award of Appreciation to
Brian Purdy, Garth Gilpin and Ron Hooper re: Concert in the Park Series at
Rotary Park
b) Roy Moore, Manager of Goodyear (now Veyance Technology) -Recognition of
100"' Anniversary of Goodyear
c) Marg Maskell, Hannu Halminen, Halminen Homes and Shayne Hasting,
Langley Utilities -Support Our Troops Banners
DELEGATIONS (List as of Time of Publication)
a) Sher Leetooze -Land for Garden Allotments (Correspondence Item D - 5)
b) Jeany Barrett, President, Newcastle Horticultural Society -Presentation of
Newcastle Community Hall Heritage Garden Project Concept Plan (Item 9 of
Report #1)
c) Ron Richards -Report PSD-111-10 -Proposed Official Plan and Zoning
By-law Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2 and a 2"d Building of 783M2for Retail/Service Commercial Uses
(1804603 Ontario Inc.) (Item 1 of Unfinished Business)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 2 - October, 4, 2010
d) Steven O'Melia -Report PSD-111-10 -Proposed Official Plan and Zoning
By-law Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2and a 2nd Building of 783M2for Retail/Service Commercial Uses
(1804603 Ontario Inc.) (Item 1 of Unfinished Business)
e) Ron Richards - Addendum to Report PSD-108-10 -Removal of a Holding
Symbol (FCHT (Ontario) Holdings Corporation) (Item 2 of Unfinished Business)
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Animal Advisory Committee dated September 15, 20.10
I - 2 Minutes of the Clarington Living Green Community Advisory Committee dated
May 25, 2010
I - 3 Minutes of the Clarington Agricultural Advisory Committee dated August 26,
2010
I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated September 14, 2010
I - 5 Minutes of the Newcastle Community Hall Board dated July 20; 2010
I - 6 Minutes of the .Clarington Heritage Committee dated September 22, 2010
I - 7 Minutes of the Ganaraska Region Conservation Authority dated September 16,
2010
I - 8 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing -
Costs of Defending Growth Plan Conformity Amendment Appeals to the Ontario
Municipal Board
I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Request from
the Municipality of Clarington to add "Joseph Atkinson" to the Region's
Reserved Street Name List
f - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Quarterly
Report on Planning Activities
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Establishment
of a Compliance Audit Committee
Council Agenda - 3 - October, 4, 2010
I - 12 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental Assessment, GO,
A Division of Metrolinx -Notice of Study Commencement and Public
Information Centres -Expansion of GO Train Service and Maintenance Facility
Receive for Direction
D - 1 Karyn Kennedy; Executive Director, Boost: Child Abuse Prevention &
Intervention -Request for Proclamation of "Child Abuse & Neglect Prevention
Month"
D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham -Promotion of
Sign Language Interpretation as a Career Choice
D - 3 Noble Blair Smyth, 2"d Vice President, Oshawa and District Shrine Club -
Request to Sell Christmas Cakes
D - 4 P. M. Madill, Regional Clerk, Regional. Municipality of Durham -Elimination of
the 2011 Census Long Form Questionnaire
D - 5 Sher Leetooze -Land for Garden Allotments
COMMITTEE REPORT(S)
General Purpose and Administration Committee Report of September 27,
2010
STAFF REPORT(S)
1. Report CLD-030-10 -Fees for Lot Maintenance
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Councillor Foster, seconded by Councillor Hooper
WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law
Number 2010-035 "to assess and control the health effects of major emissions of fine
particulate matter in the Town of Oakville" ("Oakville's FPM By-law");
WHEREAS TransCanada Energy has filed. an application with the Ontario .Superior
Court of Justice seeking to quash Oakville's FPM By-law on the basis that the Town
does not have the legislative authority to pass it, it was enacted in bad faith, and it is
invalid due to its vagueness;
WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville
with respect to the health effects of major emissions of fine particulate matter and. the
need for municipalities to regulate such emissions;
Council Agenda - 4 - October, 4, 2010
WHEREAS the Municipality of Clarington may be adversely affected by a judgment in
the application filed by TransCanada Energy;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the
Municipal Solicitor to seek leave to intervene as an added party in the application filed
by TransCanada Energy;
AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to
the 2011 budget deliberations.
UNFINISHED BUSINESS
Report PSD-111-10 -Proposed Official Plan and Zoning By-law Amendment to
Permit the Development of a Free Standing Food Store of 2.829M2 and a 2"d .
Building of 783M2for Retail/Service Commercial Uses (1804603 Ontario Inc.)
(Report PSD-095-10 Tabled by Council on September 20, 2010) (To be
distributed under separate cover)
2. Addendum to Report PSD-108-10 -Removal of a Holding Symbol (FCHT
(Ontario) Holdings Corporation) (Tabled from General Purpose and
Administration Committee September 27, 2010) (To be distributed under
separate cover)
BY-LAWS
.NOTICES OF MOTION
OTHER BUSINESS
CONFIRMING BY-LAW
ADJOURNMENT
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I,eadingtheY4~a}~ Council Meeting Minutes
SEPTEMBER 20, 2010
Minutes of a regular meeting of Council held on September 20, 2010 at 7:00 p.m., in
the Council Chambers.
Councillor Robinson led the meeting in prayer.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Fallen Canadian Soldiers Corporal Brian Pinksen, Sapper Brian Collier, Master
Corporal Kristal Giesebrecht, Private Andrew Miller, Sergeant James Patrick MacNeil,
and Sergeant Martin Goudreault who lost their lives in the line of duty in Afghanistan
since May, 2010.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Manager of Transportation and Design, L. Benson
Deputy Fire Chief, M. Berney
Director of Community Services, J. Caruana
Director of Operations, F. Horvath
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Communications Co-Ordinator, J. Vreeker, attended
until 7:46 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor-Novak indicated that she would be stating a pecuniary interest with respect
to Correspondence Items I - 31 and D-21.
Council Meeting Minutes - 2 - September 20, 2010
ANNOUNCEMENTS
Councillor Trim announced the following:
• The Region of Durham will be holding a Household Hazardous Waste event on
Saturday, October 2, 2010 and an E-Waste event on Saturday, October 30,
2010. Both events will be held at the Clarington Operations Depot at
178 Clarke/Darlington Townline Road (Regional Road 42) from 8:00 a.m. until
12:00 noon.
Councillor Novak announced the following:
A Public Information Session on the proposed Courtice Trunk Sanitary Sewer
will be held at the Garnet B. Rickard Recreation Complex on Wednesday,
September 22, 2010 from 7:00 p.m. to 9:00 p.m.
She visited with members of the One Change Group regarding their fuel
efficiency initiative, designed to encourage motorists to adopt good tire
maintenance and fuel efficiency, and distributed a pamphlet and keychain tire
pressure gauge to Members of Council.
Councillor Foster announced the following:
September 25, 2010, is Family Safety Day at the Garnet B. Rickard Recreation
Complex
The Sport and Leisure Fair will be held on Thursday, September 23, 2010, at
the Garnet B. Rickard Recreation Complex from 6:00 p.m. until 9:00 p.m.
Councillor Hooper announced the following:
• He extended appreciation to the Ali family for adopting the municipality's
beachfront property and doing a major cleaning up of the beach on Saturday.
• The 30tH Annual Terry Fox Run took place on Sunday, with donations
surpassing last-year's figures.
Councillor Woo announced the following:
• September 24 to 26, 2010 is recognized as Culture Days in Canada and A gift
of Art, Newcastle's Artists and Artisans Gallery, .will be showcasing the works of
local artists and artisans
• He issued a reminder of upcoming Blood Donor Clinics being held in Orono on
October Stn, Newcastle on October 12tH, and Bowmanville on October 27tH
Councillor Woo also indicated that the Newcastle Public School is having an
honour clinic on November 13, 2010, in recognition of a local resident who
passed away.
Councillor Robinson announced the 12tH Annual Chili Cook-Off will be held this
Saturday, October 25tH in Orono, with fun for the entire family.
Council Meeting Minutes - 3 - September 20, 2010
Mayor Abernethy announced the following:
• The latest statistics confirm that Durham Region is following a provincial and
national trend of gradually declining crime rates, noting Durham Region's total
crime rate fell 6.8 percent last year, the third year in a row it has declined
.locally. Mayor Abernethy stated Durham Regional Police Service is ranked
fourth lowest of its nine comparable services in terms of total criminal code
crime rates (excluding traffic).
• Two of Clarington's firefighters, Aiden McConkey and Jason Hanson completed
the Ironman in Lake Placid, New York, on July 25' 2010.
Resolution #C-360-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on July 12, 2010 and the
minutes of a special meeting of Council held on September 7, 2010, be approved.
"CARRIED"
PRESENTATIONS
Paul Halliday, Chair, Task Force for Attracting Higher Education Facilities to
Clarington, addressed Council to present the Task Force's Final Report. Mr. Halliday
introduced Reverend Dr. Dorcas Gordon, Deborah Patrick, Bill Humber and Pierre
Tremblay, Members of the Task Force in attendance this evening. Mr. Halliday
provided background information on the formation and composition of the seven-
member Task Force comprised of senior executives/representatives from the
education sector, large corporations, health sector and the community. He also
acknowledged the participation. of Mayor Abernethy, Linda Coutu, and the Acting
Director of Planning Services. Mr. Halliday stated the Committee met monthly
between September 2009 and June 2010, focusing on internally-generated reports,
meeting with interested parties, including the Presidents of both Durham College and
the University of Ontario Institute of Technology (UOIT), and also with a former
college President experienced in establishing several satellite campuses for two
different colleges in Ontario. Mr. Halliday confirmed. that by spring, 2010, the Task
Force had reached consensus on direction and a number of recommendations. He
summarized the rationale for pursuing a higher education campus, indicating that the
Municipality. of Clarington is growing very strongly and within 25 years, Clarington will
have a larger and diverse economy and, assuming that a high wage economy is
desired, the educational and training needs of employees will be significantly higher
than they are now as present and future employers will require skilled staff. Mr.
Halliday indicated that OPG is predicting significant skill gaps as new projects are
initiated and workers retire. He noted that a higher education campus brings social
and cultural enrichment contributing to a more complete community.
Council Meeting Minutes - 4 - September 20, 2010
He stated that currently Ontario is climbing out of a recession and capital investment
will be restrained; however, this is cyclical, and there will be higher education
campuses built in upcoming years and Clarington should actively pursue the
development of such a campus within the municipality. Mr. Halliday confirmed that
there will be competition and the municipality will need to implement a strategy over
the next ten years to achieve success. The Task Force recommends that an
appropriate arms-length agency be charged with the responsibility for developing and.
coordinating the implementation strategy, including an initial five-year business plan,
planning and costing for the establishment of a storefront/main street higher education
office, consulting with groups and leaders in all sectors of the community to achieve
broad community consensus,. inviting higher education providers to become partners
and support development of niche offerings and partnerships in the community and
that a Clarington Higher Education Foundation be established to raise funds to
support the higher learning pursuits of Clarington residents and to develop capital.
Mayor Abernethy expressed appreciation to Task Force members and staff involved in
the initiative.
Jane Eccles, 30-Year Member, Visual Arts Centre addressed Council expressing
appreciation to staff and golfers participating in the Mayor's 2010 Golf Classic
Tournament. She stated the Visual Arts Centre is a catalytic place establishing itself
in the arts community in Ontario and that visual arts is a quiet art overlapping with
other disciplines. She noted the Mill still needs a lot of work and the donation will be
put to good use. Ms. Eccles advised that Jean-Michel Komarnicki took a photograph
of the Mill and called upon Craig Ryan, President, Visual Arts Centre, to present the
photograph to Mayor Abernethy.
Mayor Abernethy presented Jane Eccles, James Campbell, Executive Director and
Craig Ryan, President, Visual Arts Centre, with a cheque in the amount of $30,000
representing the proceeds of the 2010 Mayor's Golf Classic.
Mayor Abernethy, on behalf of Council, presented Susanne Robinson with a
congratulatory Certificate in recognition of her successful swim across Lake Ontario.
Mayor Abernethy noted that this is Susanne's second Great Lake swim, noting she
swam across Lake Erie in 2007.
Resolution #C-361-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow Libby Racansky to be added to
the list of delegations.
"CARRIED"
Council Meeting Minutes - 5 - September 20, 2010
Resolution #C-362-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Libby Racansky to be added to the list of delegations.
"CARRIED"
DELEGATIONS
Liola Limeback, resident of West Beach Road, and Tracey Tyner Cavanagh, resident
of Cove Road addressed Council. concerning Correspondence Item D - 4 -Request
for Speed Bumps on West Beach/Cove Road. Ms. Tyner Cavanagh indicated the
speed limit of 50km per hour is too fast for the community. She noted that over the
years the environment has changed as years ago the area was a private seasonal
community with two thoroughfares. Currently many homes are now occupied year-
round and it is now adead-end road, assumed by the municipality. On a daily basis,
activity varies with children waiting for school buses, and septic, water, service trucks
and delivery trucks accessing the area. Through use of a PowerPoint presentation,
Ms. Tyner Cavanagh and Ms. Limeback requested the installation of calming devices
to ensure pedestrian and environmental safety. Ms. Tyner Cavanagh highlighted the
results of a neighbourhood survey indicating that 96% of residents are concerned
about the current state of traffic and 91 % think traffic calming measures are required.
Ms. Limeback confirmed that traffic on West Beach Road is increasing for various
reasons. She noted the closure of Waverley Road funnels all traffic down West Beach
Road and Cove Road and that many GPS devices mistakenly show Cedar Crest
Road as being connected. There is also increased traffic from locals, visitors to the
beach and those who have followed incorrect directions. Ms. Limeback highlighted
areas of direct concern and strategies undertaken to date indicating that signage,
awareness or educational attempts do not ensure safety. Ms. Limeback and Ms.
Tyner Cavanagh requested the installation of speed bumps or speed humps because
they feel these devices are the alternative that will work.
Tim Tufts addressed Council concerning Correspondence Item D - 24 -Administrative
Policy H18 -Political Activities with respect to use of municipal facilities during
election campaigns. Mr. Tufts stated Town Hall meetings are informal public meetings
giving people a chance for their voices to be heard He feels that residents should be
able to be heard in their own communities and urged Council to rescind Policy H-18 to
allow the use of municipal facilities for Town Hall Meetings. and All Candidate
Meetings.
Council Meeting Minutes - 6 - September 20, 2010
Richard Ward addressed Council concerning Item 5 of Report #1 -Report PSD-096-
10 -Proposed Amendment to the Municipality of Clarington Official Plan to
Incorporate the Requirements and Permissions Afforded to the Municipality as a
Result of Bill 51, the Planning Conservation Land Statute Law Amendment Act 2006,
Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the
Provincial Policy Statement, 2005. Mr. Ward stated that in 1996, he requested a
commercial designation for his property and that the Council of the day neglected to
explain why his refusal was ignored when a 40 acre parcel of farmland east of Orono
was designated industrial, despite his request being legitimate and realistic. Mr. Ward
indicated that in 2005, the Planning Services Department advised that he could not
proceed with an application because of the implementation of the Oak Ridges Moraine
Act and the Greenbelt Act. Mr. Ward advised that in 1996, his property taxes doubled,
his garbage collection was terminated but he has been billed while refusing to pick up
his garbage. Mr. Ward stated that he has been critical of applications coming forward,
and despite his statements being proven correct, his character has been defamed and
he was banned from the Municipal Administrative Centre for simply requesting.a
commercial designation on his property. Mr. Ward requested that Council direct staff
to provide the designation on his property and then submit it to the Province to decide
if it is inappropriate or not consistent with Provincial Bills and Acts.
Councillor Hooper stated that Don Welsh, Member, Clarington Older Adult
Association, had withdrawn his request to address Council.
Steve Simic addressed Council concerning Correspondence Item D - 24 -
Administrative Policy H18 -Political Activities. Mr. Simic stated he agrees with
Mr. Tufts regarding the use of Municipal facilities during campaign periods and feels
that Policy H-18 goes beyond its purpose and sends the electorate a mixed message.
Mr. Simic feels that. Section 2(f) has been over zealously interpreted by restricting the
holding of Town Hall meetings, regardless of who organizes the debate. Mr. Simic
feels that Policy H-18 is undemocratic and is contrary to what other municipalities
permit. He expressed concern that members of a service club who use municipal
facilities and who have invited candidates to a meeting would be in contravention of
the policy. Mr. Simic stated Town Hall gatherings offer the ability to hold rallies and
demonstrate freedom of speech. He feels the Municipality should be encouraging
citizens to vote and that Policy H-18 should be rescinded sending a message that
Council believes in an open and inclusive government.
Libby Racansky addressed Council further to her delegation at the General Purpose
and Administration Committee meeting of September 13, 2010, concerning Report
PSD-096-10 -Application to Amend the Clarington Official Plan. Ms. Racansky
stated that following a telephone call to the Province, she has been advised that only
the approximate built-up boundary was forwarded to the Region of Durham and that
the Region introduced. incorrectly both the greenfields and the built-up boundaries.
Council Meeting Minutes - 7 - September 20, 2010
Ms. Racansky requested Council to have the mapping corrected and to delete any
mapping from the Special Study Area, set apart the areas of provincially significant
wetlands, significant forests with their setbacks prior to mapping the greenfields and
built-up areas, establish a Clean Air By-law, improve the current Tree Protection By-
law and include urban tree protection and that a Collective Age Replacement Strategy
is needed to improve air quality and to reach the Regional Tree cover target according
to the latest Regional Official Plan. Ms. Racansky requested that staff review lighting
in the development area and the use of grey water and to create a community for all.
Resolution #C-363-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT Council recess for ten minutes.
The meeting reconvened at 8:41 p.m.
COMMUNICATIONS
Resolution #C-364-10
"CARRIED"
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 13, I - 21, I - 23, I - 25, I - 26, 1 - 31, I - 32 and I - 34.
"CARRIED"
I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated
April 15, 2010
I - 2 Minutes of the Ganaraska Region Conservation Authority dated June 17,
2010
I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated June 18,
2010
I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated
June 29, 2010
Council Meeting Minutes - 8 - September 20, 2010
- 5 The Honourable Brad Duguid, Minister, Ministry of Energy and
Infrastructure, thanking Mayor Abernethy for hosting his meeting with the
Clarington Board of Trade; expressing appreciation for the gift of a framed
picture of Orono; and, advising that the Ministry looks forward to
strengthening relationships with their partners in Clarington and continuing
to work together to create a brighter,. more sustainable future for all
Clarington residents and all Ontarians.
I - 6 John R. O'Toole, MPP, Durham, writing to the Honourable Dalton
McGuinty, Premier of Ontario, forwarding a copy of correspondence dated
June 2, 2010, from Roger Anderson, Regional Chair, Region of Durham,
responding to the Minister of Transportation's June 29, 2010, letter to the
editor of the Peterborough Examiner regarding the phasing of the 407
Extension and terminus at Simcoe Street in Oshawa, and requesting to
meet with the Premier and the Ministers of Transportation and Energy and
Infrastructure; advising that he agrees that the Minister's letter does not
address concerns of citizens and all stakeholders over the adverse
impacts of failing to complete the eastward extension of Highway 407
according to the original plans and the Environmental Assessment; and,
indicating his support for a meeting with the Premier and the Ministers to
address urgent concerns associated with the Highway 407 East Extension.
I - 7 Roger Anderson, Chair, Region of Durham, Jim Abernethy, Mayor,
Municipality of Clarington, John Gray, Mayor, City of Oshawa, Dave Ryan,
Mayor, City of Pickering, and Pat Perkins, Mayor, Town of Whitby, writing
to-the Honourable Jim Flaherty, Minister of Finance, Department of
Finance Canada, advising that the announcement by the Province of
Ontario regarding the 407 East completion provides that less than one
third of the project will be built, many interchanges will be deleted and the
anticipated date of completion of this portion will be 2015; indicating that
under the 2007 FLOW funding agreement, the Province agreed to
construct the 407 East extension from Brock Road to Highway 35/115 by
2013 in exchange for federal contributions to several transit projects in the
GTA; advising that recent announcements by the Province indicate they
have unilaterally abandoned their commitment to completing the 407 by
2013; and, advising that the Mayors of Pickering, Oshawa, Whitby and
Clarington and the Regional Chair believe this breaches the terms of the
federal-provincial agreement and sets a dangerous precedent whereby
one level of government unilaterally changes or ignores an agreement with
another level of government without consequences; and, respectfully
requesting the Minister's insight and input on this matter to ensure that the
407 is constructed to service the Region's current and future needs.
Council Meeting Minutes - 9 - September 20, 2010
I - 8 Correspondence has been received from the following
businesses/organizations expressing disappointment regarding the
Province's announcement to incrementally construct the 407 East with
phase 1 terminating at Simcoe Street in Oshawa; indicating that the
continuation of the 407 extension to Highway 35/115 is imperative as the
Municipality prepares for tremendous growth within all industries; and,
requesting that the Highway 407 extension from Brock Road in Pickering
to Highway 35/115 be built as one continuous project:
(a) Randy Henry, President, Courtice Flea Market
(b) Robert Hann, President, Halloway Developments Limited and Valiant
Rental Properties Limited
(c) Paulina Alamo, General Manager, Holiday Inn Express & Suites
(d) Dr. James Hadden, Clarington Chiropractic Clinic
(e) Stephen G. Scatterty, Managing Partner, Insch Wealth Management
(f) Elaine Garnett, General Sales Manager, CHEX TV Channel 12
Durham
(g) Kurt Henry, Mortgage Agent, The Mortgage Centre
(h) Greg Lewis, Agent, State Farm Insurance and Financial Services
(i) Mike Gazo, Perfect Party Inc.
Q) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd.
I - 9 Roger Anderson, Regional Chair and CEO, Regional Municipality of
Durham, thanking Council for expressing their concerns regarding the 407
east extension project and the Province's recent decision to phase
construction and delay the highway's completion until an unknown date;
indicating that the Region completely agrees that the Province should meet
their original commitment to build the entire east extension to Highway
35/115; and, advising that the Region has urged the Premier and the
Ministers of Transportation and Energy and Infrastructure to reconsider
this decision.
I - 10 J. Murray Jones, Warden, County of Peterborough, writing to the
Honourable Dalton McGuinty, Premier of Ontario, expressing concern with
the Province's recent decision to take a phased approach to extending
Highway 407; indicating the extension of Highway 407 is an integral
component of the Province's Growth Plan; advising that the current
movement of goods to and from the Peterborough area is beyond the
existing infrastructure's capacity and the connection of Highway 407 to
Highway 115 is an essential transportation corridor to ensure the
appropriate economic development of the Peterborough area; and,
respectfully requesting the Province to move this project to completion by
2013 as originally promised to Durham and Peterborough citizens.
Council Meeting Minutes - 10 - September 20, 2010
- 11 Major Roland Murphy, Community & Family Services Coordinator, The
Salvation Army Bowmanville, writing to Bryan Bickell thanking him for
requesting donations to the food bank during the Stanley Cup Parade in
Orono; and, advising that 1000 pounds of food and $595 in monetary
donations were collected and equally divided between the three food
banks in the area.
I - 12 Wanda Secord, Executive Director, Durham Children's Aid Society,
thanking Council for their support regarding equitable and appropriate
funding for Durham Children's Aid Society; and indicating that
unfortunately, the provincial government's funding envelope for child
welfare has not changed from last year and therefore the Durham CAS is
projecting an additional $2.5 million deficit for fiscal year 2010-11, even
with reducing their total staff complement by 8% and significant cost
containment. An update of their situation will be provided once their final
budget is approved.
I - 14 Kathleen Wynne, Minister of Transportation, writing to Mayor Paul Ayotte,
City of Peterborough, responding to his correspondence regarding the
Highway 407 extension, indicating that projects of this size and complexity
are typically built in stages, the environmental assessment has been
approved with conditions, out to Highway 35/115, and that work on
meeting these conditions is already underway; and, indicating that the
Ministry will work with the Region of Durham, local municipalities, First
Nations communities and other stakeholders to assess the impact to the
local traffic network of ending the Highway 407 East extension at Simcoe
Street and to develop options for discussion on how to accommodate
additional traffic on local roads.
- 15 Agatha Garcia-Wright, Director, Environmental Assessment and Approvals
Branch, Ministry of the Environment, thanking Council for inquiring about
the status of the Durham and York Residual Waste Study Amended
Environmental Assessment (EA); advising that the Notice of Completion of
the Ministry review of the EA was issued on February 19, 2010, initiating a
five week comment period; indicating that the EA process for this proposal
is not yet complete and no decisions have been made about its approval;
and, that the Municipality will be notified of all subsequent notices from the
Ministry of the Environment and advised when a decision has been made.
- 16 Jerry Ouellette, M.P.P., Oshawa, sharing his concerns regarding the
Highway 407 extension becoming a two phase project, noting that there
was no indication during the EA process that the project would be split;
indicating that he is a big supporter of the extension; and, forwarding a
copy of the Hansard recording of his question about a firm commitment to
a completion date of 2012 to Minister Caplan during Question Period in the
Ontario Legislature, who confirmed a completion date of 2013.
Council Meeting Minutes - 11 - September 20, 2010
I - 17 Jim Chan, Project Manager, Canadian Environmental Assessment
Agency, advising of amendments to the Canadian Environmental
Assessment Act, regarding changes to roles, responsibilities and process
steps for the proposed 407 East Transportation Corridor project; indicating
as part of the amendments, the Canadian Environmental Assessment
Agency will perform the duties and functions of the responsible authority in
relation to the project until the submission of the comprehensive study
report to the Ministry of the Environment; forwarding a Public Notice
inviting comments on the Comprehensive Study Guidelines document
describing the requirements of the comprehensive study process; and,
advising that comments received by August 20, 2010, will become part of
the public. registry.
I - 18 Denis Lemelin, National President, Canadian Union of Postal Workers
(CUPW), regarding the Canadian Postal Service Charter which outlines
the federal government's expectations for Canada Post in regard to service
standards and other matters; stating that CUPW believes the document
needs to be dramatically improved, especially in relation to the moratorium
on rural closures; and, requesting Council to encourage Canada Post to
rethink its policies and practices by passing resolutions protesting the
service and job cuts at Canada Post and endorsing a socially responsible
vision of Canada Post, as outlined in the People's Postal Declaration.
I - 19 Linda Duffie, Duck Derby Committee Chair, Bowmanville Lions Club,
extending appreciation to their corporate sponsors for helping to make the
15th Annual Rubber Duck Derby a success; forwarding a Certificate of
Appreciation to the Municipality of Clarington; and, looking forward to the
municipality's continued involvement next year.
I - 20 John R. O'Toole, M.P.P., Durham, writing to the Honourable Carol Mitchell,
Minister of Agriculture, Food and Rural Affairs, regarding Council's support
of the Region of Durham's application to the Rural Connections 2010
program for broadband access; and, indicating his full support of the
application and that he agrees that broadband services are a high priority
for businesses and residents of Clarington.
I - 22 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Region of Durham,
expressing appreciation to Council on behalf of the members of the
Region's Accessibility Advisory Committee and the local municipal
Accessibility Advisory Committees for the financial contribution and
support of the Accessibility Expo held on June 17, 2010 and for their
continued efforts to achieve a fully accessible community.
Council Meeting Minutes - 12 - September 20, 2010
- 24 Scott Lewis, Communications Manager, Canada Post Corporation, sharing
the results of the 2009 Rural Mail Safety Review in Bowmanville indicating
that 665 rural mailboxes passed the assessment, requiring no modification,
240 rural mailboxes required relocation, 179 rural mailboxes will be
reassessed at a later date, and 180 rural mailboxes were required to be
centralized into community mailboxes; forwarding a Municipal Fact Sheet
on Rural Mail Safety Review; and, indicating that further information is
available by calling 1-866-501-1669 or visiting
www.canadapost.ca/ruralmail.
- 27 The Honourable John Gerretsen, Minister of the Environment, advising of
the Province's commitment to implement a more effective process for
infrastructure projects by combining environmental assessment and land
use planning requirements into a single process in which proponents can
streamline their efforts and more effectively meet the requirements of both
the Planning Act and the Environmental Assessment Act; and, indicating
the enhanced, integrated process will recognize the inter-relationships
among economic, environmental and social factors that are currently
considered through existing planning processes and will be an effective
tool for businesses and municipalities while maintaining a high level of
environmental protection.
- 28 Megan Cramer, Community Development Assistant, Community
Development Council Durham, forwarding a copy of a report entitled
"Enhancing the Social Planning and Research Capacity of North Durham
and Clarington: A Community Social Profile and Needs Assessment"
providing a social profile of North Durham and Clarington and summarizing
the feedback gathered from focus groups and interviews conducted with
local agencies and community members on the needs and expectations for
future social planning and research.
- 29 Thomas B. Hodgins, Commissioner, Development Services Department,
City of Oshawa, writing to Patrick Chan, Project Manager, 407 East
Transportation Corridor Project, providing the City of Oshawa's comments
on the commencement of a Federal Environmental Assessment (EA) for
the 407 East Transportation Corridor Project.
- 30 John R. O'Toole, MPP, Durham, writing to the Honourable Laurel Broten,
Minister of Children & Youth Services, forwarding a copy of Council's
resolution (supported by the Townships of Scugog and Uxbridge) in
support of equitable and appropriate funding for mandated services
provided by the Durham Children's Aid Society and requesting the
Minister's response to the resolution.
Council Meeting Minutes - 13 - September 20, 2010
I - 33 John R..O'Toole, MPP, Durham, forwarding a copy of correspondence he
received from the Honourable Kathleen Wynne, Minister of Transportation
(MTO), confirming fears that the Highway 407 extension eastward to
Oshawa will be delayed until 2015 and that there is no indication when the
final link to Highway 35/115 will be completed; advising that the Minister
has indicated that MTO will work with municipalities and other stakeholders
to address. traffic problems resulting from ending the Highway 407
extension at Simcoe Street; and, advising that he will work with
municipalities, businesses, commuters and all stakeholders who are
attempting to convince the Minister and the Provincial government to
complete the Highway 407 extension to Highway 35/115 as planned and
promised.
- 35 John R. O'Toole, MPP, Durham, writing to the Honourable John Gerretsen,
Minister of the Environment, forwarding Council's resolution pertaining to
the proposed Water Opportunities Act and Water Conservation Act,
indicating that he is in support of Council's position and urges the Province
to include input by the Region and the Municipality of Clarington in the
Water Opportunities Act.
I - 36 John R. O'Toole, MPP, Durham, writing to the Honourable Dalton
McGuinty, Premier of Ontario, forwarding a copy of correspondence to
Canada's Minister of Finance by the Regional Chair of Durham and
Mayors of municipalities through which Highway 407 currently runs or will
run in the future in which the Chair and Mayors believe that the provincial
government's decision to only partially build the final leg of Highway 407
breaches the terms of the federal-provincial agreement announced
November 27, 2009; indicating that he supports the civic leaders,
businesses, commuters and all stakeholders who know the importance of
a timely completion of Highway 407 as promised in the 2007 FLOW
funding agreement; and, urging the Premier to work with the local and
federal branches of government to fully reinstate the schedule and plans
for Highway 407.
I - 37 Sharon Bailey, Director, Land and Water Policy Branch, Ministry of the
Environment, thanking Council for their comments and recommendations
regarding the proposed Water Opportunities and Water Conservation Act,
2010, if passed, would establish a framework to drive innovation, create
economic opportunities, sustain water infrastructure, conserve Ontario's
water and lay the foundation for new Ontario jobs and make Ontario a
North American leader in the development and sale of new technologies
and services for water conservation and treatment. ,Additional information
regarding the proposed legislation is available at
www ene qov on ca/en/water/opportunities/index.php.
Council Meeting Minutes - 14 - September 20, 2010
- 13 Mayor Pat Perkins, Town of Whitby, writing to the Assistant Deputy
Minister, Accessibility Directorate of Ontario, expressing concern regarding
the significant impact the loss of full service gas stations is having on
people with disabilities in the Town of Whitby and across Ontario;
indicating that the Customer Service Standard implemented under the
Accessibility for Ontarians with Disabilities Act goes a long way to
addressing the needs of Ontarians with disabilities but does not come into
effect for businesses until 2012 and does not specifically address the
mobility needs of people with disabilities at gas stations; and, advising that
in order to meet the Provincial commitment to create an inclusive
environment for people with disabilities, more practical and specific
direction is needed now; and, respectfully requesting to be advised as to
what the Ministry can do to ensure that seniors and persons with
disabilities continue to have equitable access to gas pumps that are
essential to addressing their independent mobility needs.
Resolution #C-365-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I - 13 from the Town of Whitby, with respect to the
impact of the loss of full service gas stations, be referred to the Clarington
Accessibility Advisory Committee for comment.
"CARRIED"
I - 21 John R. O'Toole, M.P.P., writing to the Honourable Brad Duguid, Minister
of Energy & Infrastructure Renewal, regarding Council's position against
the use of cooling towers at the units planned for the new Darlington
Generating Station; encouraging the Minister to support Council's position
and use the lakewater cooling system instead of the cooling .towers; and,
requesting the Minister to advise what steps will be taken to ensure the
Darlington "new build" is constructed in accordance with the wishes of the
community.
Resolution #C-366-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 21, from John O'Toole, MPP, Durham, with respect to
Council's position to use the lakewater cooling system instead of the cooling towers
at the units planned for the new Darlington Generating Station, be endorsed.
"CARRIED"
Council Meeting Minutes - 15 - September 20, 2010
I - 23 John Schindler, President and Chair, Ontario Society of Professional
Engineers, providing Council with a copy of a joint statement of the Ontario
Society of Professional Engineers (OSPE), the Society of Professional
Engineers and Associates (SPEA), the Ontario Nuclear New Build Council,
the Chalk River Professional Employees Group (CRPEG), the Chalk River
Employees Ad-hoc Task Force (CREATE) and the Chalk River.
Technicians and Technologists (CRTT) on the future of Canada's nuclear
sector which was prepared for the federal Minister of Natural Resources in
response to the recent passage of Bill C-9 authorizing the restructuring of
Atomic Energy of Canada; recognizing that the restructuring of AECL is a
necessary step in restoring the competitiveness of Canada's nuclear sector
but expressing concern about the impacts of restructuring on Canadian-
owned intellectual property and engineering employment; advising the joint
statement will be shared with key Federal and Provincial decision-makers;
and, requesting Council's support of these principles and inclusion of the
Municipal logo on the submission to the Minister.
Resolution #C-367-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 23 from John Schindler, President and Chair, Ontario
Society of Professional Engineers, with respect to the future of Canada's Nuclear
Sector, be referred to staff.
"CARRIED"
I - 25 Mirka Januszkiewicz, Director of Waste Management Services, Region of
Durham, advising of a project to distribute one new 22 gallon blue box for
recyclable containers to each household in Durham to improve the quality
and efficiency of Durham's two-stream (containers and fibres) blue box
collection system; advising that the new blue box will feature graphics to
illustrate that it is intended for recyclable containers only, not paper
products; and, indicating that delivery is scheduled to commence the week
of September 27th and that an extensive promotion and education strategy
including news releases, advertising, website updates and TV interviews
will begin in early September and continue through to the first week of
November.
Resolution #C-368-10
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item I - 25, from Mirka Januszkiewicz, Director of Waste
Management Services, Region of burham, with respect to additional Blue Box
distribution, be received for information.
"CARRIED"
Council Meeting Minutes - 16 - September 20, 2010
I - 26 Lori Osborne, expressing concern with the logistics of the open house for
Zep Energy held on July 27, 2010, in Orono; indicating that there were
over 70 people who were not able to access the meeting due to fire
regulations and who were not able to have their voices heard and their
questions answered; stating that she feels that the meeting should have
been rescheduled to a more appropriate venue; advising that she has valid
questions and concerns regarding setbacks and the lack of research
completed on Wind Turbines; indicating that the process is unacceptable
considering the possible impact to her life and agricultural operation; and,
questioning how she can be assured that her family's concerns will be
addressed.
Resolution #C-369-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item I - 26 from Lori Osborne, with respect to Wind Turbines,
be referred to the Ministry of Energy and Infrastructure, the Ministry of the
Environment and to John O'Toole, MPP, Durham.
"CARRIED"
Councillor Novak stated a pecuniary interest with respect to Correspondence Item
I - 31 as a former employer of hers is mentioned in the correspondence and refrained
from voting on the correspondence.
I - 31 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to
Industry Canada, advising that on August 23, 2010, the Township of Brock
adopted the following resolution pertaining to proposed replacement of
long-form census:
"RESOLVED THAT the Council of the Township of Brock express its
dismay and disappointment to the Federal Government concerning the
proposed changes to the long-form census as currently administered by
Statistics Canada and that this be circulated to our MP and other
municipalities."
Resolution #C-370-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 31 from Thomas G. Gettinby, CAO & Municipal Clerk,
Township of Brock, with respect to the proposed replacement of the long-form
census, be endorsed.
"CARRIED"
Council Meeting Minutes - 17 - September 20, 2010
I - 32 Sheila Hall, Executive Director, Economic Development Officer, Clarington
Board of Trade/Office of Economic Development, advising that the
Municipality of Clarington has been fortunate to have significant
infrastructure investment announcements for the community including the
407 extension, the proposed new nuclear project at Darlington and the
extension of the GO Train service to Bowmanville; indicating that it is
essential that action be taken on these announcements; encouraging the
Federal Government to ensure that decisions with AECL be at the forefront
in planning as the New Nuclear Build Project will outflow benefits for the
municipality, the Region and the Province and will set Canada as a leader
in the global nuclear community; advising that the extension of the 407 to
35/115 is essential to ensure effective and timely movement of goods; and,
recommending that action be taken to ensure the New Nuclear Build
Project moves forward without delay, that the 407 extension be completed
to Highway 35/115, and that programs be developed to support the
servicing of employment lands in Clarington.
Resolution #C-371-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Council endorse the position. of the Clarington Board of Trade/Office of
Economic Development with respect to the Board of Trade's encouragement of the
Federal Government to ensure that decisions with AECL be at the forefront in
planning with respect to the proposed new nuclear project at Darlington; and
THAT Sheila Hall, Executive Director, Economic Development Officer, and the
Clarington Board of Trade be thanked for their efforts in this regard.
"CARRIED"
I - 34 John R. O'Toole, MPP, Durham, writing to the Honourable Jim Bradley,
Minister of Municipal Affairs & Housing, forwarding Council's resolution
regarding the Province covering costs of appeals to the Ontario Municipal
Board resulting from policies in the provincial Places to Grow Act;
indicating that he agrees that Ontario municipalities should not be
expected to pay the costs associated with defending planning policies that
originate with the Province; and, indicating that would appreciate being
copied on the Minister's response.
Council Meeting Minutes - 18 - September 20, 2010
Resolution #C-372-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item I - 34, from John O'Toole, MPP, Durham, with respect to
Council's position that Ontario municipalities should not be expected to pay the. costs
associated with defending planning policies that originate with the Province be
endorsed.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 25, D - 26, D - 27 and D - 28 were received as Hand-outs.
Resolution #C-373-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 14 and Hand-out Correspondence Items
D - 27 and D - 28 be approved as per the agenda, with the exception of
Correspondence Items D - 4 and D - 9.
"CARRIED"
D - 1 Fred Hahn, President, Canadian Union of Public Employees (CUPS) and
Tracy Saarikoski, President, The Ontario Coalition for Better Child Care
(OCBCC) requesting that Wednesday, October 27, 2010, be proclaimed as
"Child Care Worker & Early Childhood Educator Appreciation Day" in
Clarington, in recognition of the education, dedication and commitment of
child care workers to children, their families and quality of life of the
community.
(Proclaimed)
D - 2 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting
permission to hold the 49th Annual Community of Bowmanville Santa Claus
Parade on Saturday, November 20, 2010, beginning at 10:30 a.m.;
requesting the cooperation of the Police Department, Operations
Department and Municipal Services and the use of the Old Fire Hall;
highlighting the parade route; and, thanking all involved for their continued
support in making the parade a great success.
(Approved, provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
Council Meeting Minutes - 19 - September 20, 2010
D - 3 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting a
Municipal Law Enforcement Officer be in attendance at the 49tH Annual
Community of Bowmanville Santa Claus Parade on Saturday, November
20, 2010, to address the issue of people selling articles to parade
spectators during the event.
(Correspondence referred to the Municipal
Clerk)
D - 5 John Greenfield, Sergeant At Arms, Branch 178 Royal Canadian Legion,
requesting permission to hold their annual Remembrance Day Parades
and Services on November 5, 2010 in Newtonville, November 7, 2010 in
Orono, November 11, 2010 in Newcastle and November 11,.2010, in
Bowmanville.
(Approved, provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 6 Donald G. Duthie, Committee Chairman, 172 Royal Canadian Air Cadets
of Clarington, requesting permission to hold Fall Tag Days on September
30, October 1 and 2, 2010.
(Approved'for Tag Days September 30,
October 1 and 2, 2010)
D - 7 Elaine Simpson tendering her resignation, with regret, as Vice-Chair of the
Clarington Accessibility Advisory Committee, due to personal commitments
and extending appreciation and best wishes to members of the Committee
for their future endeavours.
(Correspondence referred to the Municipal
Clerk)
D - 8 Beth Cullen Keidann, Public Health Nurse, Region of Durham, advising
October is recognized as "International Walk to School Month" and
Wednesday, October 6tH is known as "International Walk to School Day
(IWALK)"; inviting the residents of Clarington to participate in the 10tH
Annual IWALK events such as walking, cycling and wheeling as a means
by which to get to and from school; highlighting the benefits of participating
in active transportation; and, encouraging the Municipality to proclaim the
month of October as "Walk to School Month" and October 6tH as
"International Walk to School Day".
(Proclaimed)
Council Meeting Minutes - 20 - September 20, 2010
D - 10 Newcastle BIA requesting the closure of King Avenue East from
Baldwin Street to Beaver Street, Church Street from King Avenue to Emily.
Street and Mill Street from King Avenue to Emily Street, on Saturday
October 2, 2010, from 6:00 a.m. until 5:00 p.m. for the annual Fall Festival.
(Approved, provided the Organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 11 Don Head, Commissioner, Correctional Services Canada, requesting the
week of November 14 to 21, 2010, be proclaimed as "Restorative Justice
Week", in recognition of the concrete learning and results that have come
from the experience of practitioners and stakeholders in the application of
a restorative justice approach encouraging accountability, reparation and a
movement towards understanding, feelings of satisfaction, healing and a
sense of closure for those affected by crime and conflict.
(Proclaimed)
D - 12 Larry Ng, P.Eng, Project Manager, SNC~LAVALIN Inc. (SLI), advising SLI
was retained by the Ministry of Transportation to complete the design
services for the removal/demolition of the Highway 401/CNR Spur line
bridge located within Clarington; requesting an exemption to the Noise By-
Iaw 2007-071 from the hours of operation to allow flexibility for construction
to be undertaken seven (7) days per week, including statutory holidays for
the four month contract from April 2011 to July 2011; and, advising that
two overnight full closures of Highway 401 will be required for the bridge
removal, as well, partial lane closures of the highway and night time work
before and after the closure for site preparation and clean-up work.
(Exemption to the Municipality's Noise By-
law for the period April to July 2011,
approved)
D - 13 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing,
the Honourable. Leona Dombrowsky, Minister of Education, Tony Haddad,
President, Association of Municipal Managers, Clerks and Treasurers of
Ontario, Norman Sandberg, President, Association of Municipalities of
Ontario and Taylor Gunn, Student Vote advising that during Student Vote
and Local Government Week, October 17 to 23, 2010, Student Vote, a
non-profit, non-partisan organization that works with educators to engage
young Canadians in the democratic process, in partnership with the
Province of Ontario will run the first ever province-wide municipal and
school- board election program for youth under the voting age; indicating
that participating schools will receive a Student Vole election kit with
resources, an electoral guide, and posters, along with Local Government
Council Meeting Minutes - 21 - September 20, 2010
Week resources guide; advising that the focus of the 2010 Local
Government Week is the Student Vote program, suggesting that
municipalities engage and plan activities with schools during the remainder
of the school year; and, requesting the municipality to join in celebrating
Local Government Week and encourage schools to participate in the
Student Vote 2010 municipal and school board election program.
(Correspondence referred to the Municipal
Clerk)
D - 14 Lisa Lucchese advising of the dangers for children crossing the
intersection of Bloor Street and Roswell Drive due to the speed and
volume of traffic and requesting the installation of traffic lights to address
these safety concerns.
(Correspondence referred to the Director of
Engineering Services)
D - 27 Victor Labreche, MCIP, RPP, Senior Principal, Labreche Patterson &
Associates Inc. forwarding comments on behalf of his clients A & W Food
Services of Canada Inc., McDonald's Restaurants of Canada Ltd., the TDL
Group Corp. (operators and licensors of Tim Hortons restaurants),
Wendy's Restaurants of Canada and their industry association -Ontario
Restaurant Hotel and Motel Association, on Report PSD-094-10 -Courtice
Main Street Master Development Plan.
(Correspondence referred to the Director
of Planning Services)
D - 28 Cowling Lafleur Henderson, LLP, Barristers & Solicitors, forwarding
comments on Report PSD-094-10 -Courtice Main Street Master
Development Plan.
(Correspondence referred to the Director of
Planning Services)
D - 4 lain Maciver requesting the installation of speed bumps on West
Beach/Cove Road as a traffic calming measure to address safety concerns
with increased traffic and speed of vehicles in the neighbourhood.
(Correspondence referred to the Director of
Engineering Services)
Council Meeting Minutes - 22 - September 20, 2010
Resolution #C-373-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the delegation of Tracey Tyner Cavanagh and Liola Limeback and
Correspondence Item D - 4 from lain Maciver, requesting the installation of speed
bumps on West Beach/Cove Road, be referred to the Director of Engineering
Services and the Director of Emergency Services/Fire Chief; and
THAT staff meet with lain Maciver, Tracey Tyner Cavanagh and Liola Limeback to
investigate traffic calming measures.
"CARRIED"
D - 9 Grant Algar requesting an extension to Building Permit No. 08.0509 for
4327 Fices Road until November 30, 2010, due to difficulty obtaining
materials and the availability of tradespersons for installation.
Resolution #C-374-10
Moved by Councillor Foster,. seconded by Councillor Hooper
THAT Grant Algar be granted an extension for the use of temporary living quarters at
4327 Fices Road until January 31, 2011 subject to the signing of a further letter of
undertaking.
"CARRIED"
D - 15 Tom Langmaid, Chair, Brownsdale Hall Board, advising that Brownsdale
Hall Board did not submit an application for a community grant in 2010 as
the Board was under the mistaken impression that community grants were
not to be used for operational expenses; acknowledging that the Board has
missed the due date for the community grant process; forwarding a
completed Community Grant application; and, requesting Council to
consider their grant request.
Resolution #C-375-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the letter and grant application from the Brownsdale Community Centre be
received;
THAT a grant in the amount of $2,500 be awarded to the Brownsdale Community
Centre; and
THAT Mr. Tom Langmaid, Chair, Brownsdale Community Centre be advised.
"CARRIED"
Council Meeting Minutes - 23 - September 20, 2010
D - 16 Gary Carr, Regional Chair, Regional Municipality of Halton, advising
Council that on July 14, 2010, Halton Region adopted the following
resolution pertaining to Request to the Province to Cover all Appeal Costs
to the Ontario Municipal Board for Growth Plan Conformity Exercises:
"WHEREAS the Province of Ontario initiated and passed the Places to
Grow Act;
AND WHEREAS pursuant to that Provincial initiative under the Places to
Grow Act, the Province issued a Provincial Growth Plan for the Greater
Toronto Area and pursuant to that Act requires municipalities at the
Regional and Local levels to amend their Official Plans to bring them into
conformity with that Provincial Growth Plan;
AND WHEREAS any Official Plan passed to achieve conformity with the
Provincial Growth Plan must be approved by the Province;
AND WHEREAS the Province permits appeals of its approval decisions on
Regional and Local Official Plans regarding conformity to be appealed to
the Ontario Municipal Board despite the fact that any appeals of the
Growth Plan itself are handled by way of a Hearing Officer who reports to
the Province and the Province makes the final Decision;
AND WHEREAS the defence of any Regional and/or Local Official Plan to
achieve conformity the Provincial Growth Plan can be a long and costly
process in front of the Ontario Municipal Board;
AND WHEREAS municipalities are expected to defend their Official Plans
for conformity at the Ontario Municipal Board despite the fact that the
municipalities have to pass those municipal official plans by reason of the
Provincial Places to Grow Act;
AND WHEREAS in Halton, the Region of Halton has passed Regional
Official Plan Amendments #37 and 38 as required by the Places to Grow
Act and in the case of Regional Official Plan Amendment #37 that
amendment was approved by the Province and then appealed by
development interests to the Ontario Municipal Board and the same is
likely to occur with Regional Official Plan Amendment #38 and with some if
not all of the corresponding local official plan amendments;
AND WHEREAS even without any appeals to the Ontario Municipal Board
there are significant costs for municipalities participating in the Provincially
required Growth Plan conformity exercises pursuant to the Places to Grow
Act;
Council Meeting Minutes - 24 - September 20, 2010-
- AND WHEREAS such municipalities should not have the added cost of
participating in OMB appeals of the various Regional and Local Official
Plans produced in compliance with Provincial requirement for conformity
with the Provincial Growth Plan;
AND WHEREAS the Province itself, in defending its Growth Plan and
indeed other Provincial Plans such as the Greenbelt Plan has only hearing
officer report exercises in response to changes and amendments sought
by others to its Provincial Plans such as the Growth Plan and the
Greenbelt Plan.
NOW THEREFORE BE IT RESOLVED:
THAT the Province of Ontario be requested to take responsibility for
any Ontario Municipal Board appeal hearings related to any approvals
of Regional and Local Official Plan Amendments that are passed
pursuant to the Places to Grow Act in order to achieve conformity with
that Act such that all costs related to defending a Growth Plan
Conformity exercise before the Ontario Municipal Board are covered by
the Province including the retention of any legal counsel, planning
consultants, and other consultants and witnesses and also the time for
Provincial or Regional or Local staff required as part of any defence
before the Ontario Municipal Board.
2. THAT the Province of Ontario be requested to provide "intervener
funding" to any municipalities affected by the appeal of any Growth Plan
conformity, Official Plan amendment to the Ontario Municipal Board so
as to enable the municipalities involved to defend their positions with
respect to the Provincial Growth Plan conformity exercise before the
Ontario Municipal Board without added cost to the Municipal Service
and Delivery System and higher property taxes.
3. THAT a letter be sent by the Regional Chair along with this Resolution
to the Premier of the Province of Ontario and the Minister of Municipal
Affairs and Housing for their consideration and action in having the
Province take the lead and the responsibility for the costs of any appeal
proceedings before the Ontario Municipal Board on Growth Plan
Conformity Official Plans by Regional and Local municipalities and by
providing intervener funding to those municipalities who would be
involved in any appeal proceedings respecting Growth Plan Conformity
Exercises.
4. THAT this Resolution be forwarded to all of the Regional and Local
Municipalities within the Greater Golden Horseshoe and to the
Association of Municipalities of Ontario for their support and
endorsement of this Resolution.
Council Meeting Minutes - 25 - September 20, 2010
5. THAT this Resolution be forwarded to Halton's MPPs, the Large Urban
Mayors' Caucus of Ontario (LUMCO) and Greater Toronto Area (GTA)
Mayors and Chairs.
6. THAT this Resolution be forwarded to all party leaders in Ontario.
7. THAT the Regional Chair write to the above-noted groups to request
support for this Resolution and to the Province of Ontario to request
that these costs be included in an amendment to the Development
Char eq s Act.
Resolution #C-376-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Regional Municipality of Halton, with respect to request
to the Province to cover all appeal costs to the Ontario Municipal Board for Growth
Plan Conformity Exercises, be endorsed; and
THAT a copy of the resolution be forwarded to John O'Toole, MPP, Durham.
"CARRIED"
D - 17 Gayla McDonald, Clerk/Manager of Administration and Economic
Development, The Corporation of the Town of New Tecumseth, advising
Council that on June 14, 2010, the Town of New Tecumseth adopted the
following resolution pertaining to circulation of a petition in opposition to the
HST and requesting the Government to rescind its decision to implement
the HST in Ontario:
"BE IT RESOLVED THAT the verbal report of Councillor Stone be
received;
AND FURTHER THAT the Additional Information Memorandum of the
Clerk/Manager of Administration and Economic Development dated June
14, 2010 be received;
AND FURTHER THAT Council approve the petition substantially in the
form attached to this memorandum;
AND FURTHER THAT the petition be placed in all Town offices,
community centres, libraries and on the Town website until August 15,
2010;
AND FURTHER THAT the completed petition be forwarded to the Ontario
Premier as well as to the Opposition Party;
Council Meeting Minutes - 26 - September 20, 2010
AND FURTHER THAT AMO member municipalities be advised of this
action and encouraged to circulate a similar petition within their own
municipalities.
Resolution #C-377-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the Corporation of the Town of New Tecumseth, with
respect to circulation of a petition in opposition to the HST and a request that the
Government rescind its decision to implement the HST in Ontario, be received for
information.
"CARRIED"
D - 18 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable
Dalton McGuinty, Premier of Ontario, advising that on June 23, 2010, the
Region of Durham adopted the following resolution pertaining to Bill 23 to
reform the Ontario Disability Support Program Act, 1997 and the Taxation
Act, 2007:
"WHEREAS MPP Toby Barrett (Haldimand-Norfolk) has introduced Private
Member's Bill 23: An Act to amend the Ontario Disability Support Program
Act, 1997 and the Taxation Act, 2007;
AND WHEREAS under the Ontario Disability Support Program Act, 1997
the Bill raises the asset limits that apply in determining whether a person is
eligible for income support from $5,000 to $12,000 for individuals or
$20,000 for those with a spouse on disability;
AND WHEREAS under the Ontario Disability Support Program Act, 1997
the Bill proposes that child support payments that a person receives not be
included in income for the purpose of determining the amount of income
support for which the person is eligible;
AND WHEREAS at present the amount of income support that a person is
eligible to receive is reduced by 50% of the person's other monthly income
and under the Ontario Disability Support Program Act, 1997 the Bill lowers
the reduction so that a person can retain a maximum of $700 of other
monthly income or a maximum of $1,000 of other monthly income if the
person has a spouse;
AND WHEREAS under the Taxation Act, 2007 the Bill allows an employer
that employs a person who receives income support during a taxation year
to be entitled to anon-refundable tax credit based on a maximum of
$10,000 per person in wages paid, up to a maximum of five employees;
Council Meeting Minutes - 27 - September 20, 2010
AND WHEREAS the Durham Region Accessibility Advisory Committee
feels these recommendations would go a long way toward improving the
fives of many recipients;
THEREFORE BE IT RESOLVED THAT the proposed Bill 23: An Act to
amend the Ontario Disability Support Program Act, 1997 and the Taxation
Act, 2007 be endorsed by the Council of The Regional Municipality of
Durham;
AND FURTHER THAT Mr. Barrett be requested to consider including an
additional provision in Bill 23 to further amend the Ontario Disability
Support Program Act, 1997 to permit individuals receiving Canada Pension
Plan Disability benefits (CPP-D) to keep the full amount of their CPP-D
benefits without deduction from their Ontario Disability Support Program
Benefits;
AND FURTHER THAT a copy of this resolution be forwarded to the
Premier of Ontario, the Minister of Community and Social Services, MPP
Toby Barrett, and the local area Accessibility Advisory Committees."
Resolution #C-378-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resalution from the Region of Durham, with respect to Bill 23 to reform the
Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007, be
endorsed.
"CARRIED"
D - 19 Mike MacEachern, Mayor, Corporation of the Town of New Tecumseth,
writing to the Premier of Ontario, the Minister of Municipal Affairs and
Housing, Association of Municipalities of Ontario Member Municipalities
and the Organization of Small Urban Municipalities, expressing concern
with the impacts of the WSI Act as it pertains to the presumptive legislation
for firefighters on small municipalities with volunteer firefighters, particularly
in view of the retroactivity of claims; and, requesting that consideration be
given to reducing the hardship on municipalities with volunteer forces and
that the Province consider establishing a cap on the municipal portion to
be paid in the event of such claims.
Council Meeting Minutes - 28 - September 20, 2010
Resolution #C-379-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Town of New Tecumseth, with respect to the impacts of
the WSI Act as it pertains to the presumptive legislation for firefighters on small
municipalities, be received for information.
"CARRIED"
D - 20 R. A. (Bob) Fowler, Land Use Council, forwarding an overview of the
corporate structure, legislative influence and funding parameters of
Conservation Ontario (ConOnt) and its relationship with Ontario's 36
Conservation Authorities, its impact on municipal budgets and the costs of
private land ownership; indicating that increasing local costs arising from
unfunded downloading of provincial services onto municipalities and
simultaneous expansion of district CA/ConOnt powers and levies are
contributing to a steady decline in Ontario's economy; suggesting that
Municipal Councils might benefit from careful scrutiny of ConOnt's
purpose, structure and financing; and, encouraging Council to adopt a
resolution requesting that the Ministry of Natural Resources advise
whether or not any part of municipal property tax levies are being funneled
through district conservation authorities to support Conservation Ontario
and to provide a prospectus to justify Conservation Ontario's continued
existence, confirming its corporate structure and annually providing an
independently audited Financial statement with full details of its operating
and management costs.
Resolution #C-380-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D - 20 from R.A. (Bob) Fowler, Land Use Council; with
respect to monitoring the Conservation Ontario Corporation, be received for
information.
"CARRIED"
Councillor Novak stated a pecuniary interest with respect to Correspondence Item
D - 21 as a former employer of hers is mentioned in the correspondence and
refrained from voting on the correspondence.
Council Meeting Minutes - 29 - September 20, 2010
D - 21 ~ Tracey Vaughan-Barrett, Executive Director, Community Development
Council Durham, expressing disappointment with the Federal
government's recent decision to replace the mandatory long-form Census
questionnaire, one of the most reliable data sources providing information
on demographics such as ethnicity, immigrant status, income, education,
labour force, housing and non-paid work, expressing concern that the
proposed alternative, the National Household Survey (NHS), will simply not
be sufficient to provide an accurate and detailed picture of the community
allowing for sound and appropriate planning of social services, residential
and employment growth, infrastructure development and business
investment; and, requesting Council to adopt a resolution to publicly
support the position of the Community Development Council's concerns, to
prepare and release a statement outlining the vital role that Census data
plays in municipal governance and planning, to support a comprehensive
community consultation process to ensure the necessity and viability of the
Census questionnaire and to call for an amendment of the Statistics
Canada Act to remove jail time as a consequence for not completing the
mandatory Census questionnaire.
Resolution #C-381-10
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Item D - 21 from Tracey Vaughan-Barrett, Executive
Director, Community Development Council Durham, with respect to replacement of
the Long-form Census Questionnaire, be endorsed.
"CARRIED"
D - 22 Andrea Fay, Clerk, Town of Midland, advising Council that in June 2010,
the Town of Midland adopted the following resolution pertaining to changes
to the Residential Tenancies Act with respect to the time period for living
accommodation for the purpose of receiving rehabilitative or therapeutic
services:
"THAT the Council of the Town of Midland supports the request from
Shelter Now to amend current legislation under Part 1, Section 5K of the
Residential Tenancies Act from 1 year to 2 years or adding a 1 year
extension."
Council Meeting Minutes - 30 - September 20, 2010
Resolution #C-382-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Town of Midland, with respect to changes to the
Residential Tenancies Act, be received for information.
"CARRIED"
D - 23 Pam and Patricia Guselle, advising they are the owners of a vacation
property at 7598, Maynard Road, an unopened road; expressing concern
that Maynard Road is in an extremely poor state of repair, to the point that
it is almost impossible for a vehicle to pass over it; and, requesting
permission to repair Maynard Road, at their own expense, to allow for
emergency vehicles to reach their vacation property, by having the road.
professionally graded to ensure proper water drainage and to add gravel to
prevent erosion while maintaining the integrity of the natural surroundings.
Resolution #C-383-10
Moved by Councillor Robinson; seconded by Councillor Novak
THAT the request from Pam and Patricia Guselle, for permission to repair Maynard
Road, at their own expense, be referred to the Director of Engineering Services.
"CARRIED"
D - 24 Tim Tufts requesting Council to rescind the portion of Administrative Policy
H18 -Political Activities that restricts the use of municipal facilities for the
purpose of political forums so that all-candidates meetings can be held in
facilities available in smaller communities. Mr. Tufts feels the policy is
undemocratic, handicaps new candidates who wish to explain their
platform giving an unfair advantage to incumbents, as well as limits the
voting public's participation in the democratic process and their opportunity
to obtain information on every candidate.
Resolution #C-384-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Policy H 18 -Political Activities be amended as follows:
a) THAT Section (f) be amended to read:
"THAT the Municipal Administrative Centre, Library facilities and museum
buildings shall not be used by any person, employee or otherwise for the
display or distribution of political campaign materials, signage, etc."; and
Council Meeting Minutes - 31 - September 20, 2010
b) THAT Section (g) be deleted in its entirety.
"CARRIED LATER IN THE MEETING"
(See following motions)
Resolution #C-385-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
"CARRIED"
Resolution #C-384-10 was then put to a vote and "CARRIED ON THE FOLLOWING
RECORDED VOTE:"
Council Member Yes No Declaration of
Pecunia Interest Absent
Councillor Foster
Councillor Hoo er
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Ma or Aberneth
D - 25 Libby Racansky requesting the opportunity to complete her comments
regarding Report PSD-096-10 -Application to Amend the Clarington
Official Plan which she was unable to finish at the General Purpose and
Administration Committee Meeting on September 13, 2010. Ms. Racansky
states that she has additional information from the Ministry of Municipal
Affairs and Housing regarding the built-up areas.
Resolution #C-386-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 25 from Libby Racansky, with respect to Report
PSD-094-10 -Application to Amend the Clarington Official Plan, be referred to the
Director of Planning Services.
"CARRIED"
Council Meeting Minutes - 32 - September 20, 2010
D - 26 Jim Richards advising Council that he has retained legal representation
regarding Council's attempt to curtail his privileges as guaranteed under
the Canadian Charter of Rights with their interpretation of an ambiguous
section of the Procedural By-law; and, requesting one last opportunity for
Mayor Abernethy, Councillors Trim, Novak, Robinson and Hooper to offer
him a verbal public apology, followed by a letter to that effect, in order to
stave off any further legal actions and proceedings that will follow, should
his request not be satisfied.
Resolution #C-387-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Council issue an apology to Jim Richards.
"MOTION LOST"
Resolution #C-388-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D - 26 from Jim Richards be referred to the Municipal
Solicitor for response.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 -General Purpose and Administration Committee Report September 13,
2010.
Resolution #C-389-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 13,
2010 be approved, with the exception of Items #2 and #3.
"CARRIED"
Item #2
Resolution #C-390-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report PSD-095-10 be received;
Council Meeting Minutes - 33 - September 20, 2010
THAT the application submitted by 1804603 Ontario Inc. continue- to be processed by
staff and that a further report be prepared and brought back for the October 4, 2010
Council meeting, following the receipt of all outstanding agency comments; and
THAT the interested parties listed in Report PSD-095-10 and any delegations be
advised of Council's decision.
"CARRIED"
Item #3
Resolution #C-391-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT Item 3 of Report #1 -Market Compensation Review Report be tabled until the
next term of Council
"CARRIED"
Resolution #C-392-10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow for reconsideration of Item 16 of
Report #1.
"CARRIED"
Resolution #C-393-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-021-10 be received; and
THAT the 2009 Draft Audited Financial Statements be approved.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this
Section of the Agenda.
Council Meeting Minutes - 34 - September 20, 2010
UNFINISHED BUSINESS
Resolution #C-394-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-102-10 be lifted from the table.
"CARRIED"
Resolution #C-395-10
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS the Municipality has a Corporate Policy for "Exterior Signage on
Municipal Property for Recognized Agencies and Groups"; and
WHEREAS the policy allows community groups and non-profit/not-for-profit
organizations to use municipal property for the placement of mobile signs on a
first come, first serve basis in a location specified by the responsible
department and in keeping with the limitations of the policy; and
WHEREAS Council wishes to authorize the exclusive use of the municipally-
owned land on the SW corner of Boswell Drive and Highway 2 for the use of a
mobile sign by the Clarington Older Adult Association (COAA) for an 18 month
period, and
WHEREAS the corporate policy addresses the timing, placement and removal
of the signage; however, in this case Council wishes to make an exception to
these clauses to allow the COAA mobile sign to be erected in compliance with
Section 8.9 i, ii, and iii of the Sign By-law 2009-123;
NOW THEREFORE BE IT RESOLVED:
THAT Report PSD-102-10 be received;
THAT the CAO be authorized to make the necessary amendments to
Corporate Policy H-35 to meet the intent of this resolution, and
FURTHER, THAT the COAA be requested to devise alternative plans for advertising
their ongoing events that does not involve a mobile sign and that they be informed of
Council's decision with regard to their request for Exception to the Policies for Mobile
Signage and Report PSD-102-10.
"CARRIED"
Council Meeting Minutes - 35 - September 20, 2010
Resolution #C-396-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
regarding a community grant for Hampton Community Association.
"CARRIED"
Resolution #C-397-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the grant application from the Hampton Community Association be received;
THAT a grant in the amount of $2,500 be awarded to the Hampton Community
Association; and
THAT Ms. Amanda Townsend, Chair, Hampton Community Association be advised.
"CARRIED"
Resolution #C-398-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT the presentation of Paul Halliday, Chair, Task Force for Attracting Higher
Education Facilities to Clarington, be received with thanks.
"CARRIED"
BY-LAWS
Resolution #C-399-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-112 to 2010-118;
2010-112 Being a by-law to provide policies and procedures for the procurement
of goods and services
2010-113 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Deborah
and William Doiron)
Council Meeting Minutes - 36 - September 20, 2010
2010-114 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (KTJ
Holdings)
2010-115 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (1 Hartwell
Bowmanville)
2010-116 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Henk and
Lisa Mulders)
2010-117 Being a By-law to appoint an individual as Parking Enforcement
Officer (Shane Alexander)
2010-118 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Prestonvale Land Corporation); and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
Councillor Foster and Councillor Hooper gave notice that they will be introducing the
following motion at the next Council meeting:
"WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law
Number 2010-035 "to assess and control the health effects of major emissions of fine
particulate matter in the Town of Oakville" ("Oakville's FPM By-law");
WHEREAS TransCanada Energy has filed an application with the Ontario Superior
Court of Justice seeking to quash Oakville's FPM By-law on the basis that the Town
does not have the legislative authority to pass it, it was enacted in bad faith, and it is
invalid due to its vagueness;
WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville
with respect to the health effects of major emissions of fine particulate matter and the
need for municipalities to regulate such emissions;
WHEREAS the Municipality of Clarington may be adversely affected by a judgment in
the application filed by TransCanada Energy;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the
Municipal Solicitor to seek leave to intervene as an added party in the application filed
by TransCanada Energy;
Council Meeting Minutes - 37 - September 20, 2010
AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the
2011 budget deliberations."
OTHER BUSINESS
Councillor Trim advised of the Region's Election Sign Recycling Program wherein the
Regional Works Committee has recommended entering into a contract with Target for
acceptance and recycling of election signs for the 2010 elections at no cost to the
municipality and to advise all local municipalities and election candidates.
Councillor Trim provided detailed information and funding envelopes committed to
various projects in Clarington pertaining to the activities relating to the Regional Works
Department.
Councillor Robinson requested an update on Mill Street Tunnel in Newcastle. The
Manager of Transportation and Design advised that she would investigate and
respond directly to Councillor Robinson.
Councillor Robinson questioned the status of meetings with all BIAs. The Director of
Operations advised that invitations have been sent out and he is waiting for replies.
Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
CONFIRMING BY-LAW
Resolution #C-400-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 201.0-119, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 20th day of September, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes - 38 -
ADJOURNMENT
Resolution #C-401-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 10:04 p.m.
"CARRIED"
MAYOR
September 20, 2010
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
October 4, 2010 .
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Animal Advisory Committee dated September 15,
2010. (Copy attached)
I - 2 Minutes of the Clarington Living Green Community Advisory
Committee dated May 25, 2010. (Copy attached)
I - 3 Minutes of the Clarington Agricultural Advisory Committee dated
August 26, 2010. (Copy attached)
I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated September 14, 2010. (Copy attached)
I - 5 Minutes of the Newcastle Community Hall Board dated July 20, 2010:
(Copy attached)
I - 6 Minutes of the Clarington Heritage Committee dated September 22,
2010. (Copy attached)
I - 7 Minutes of the Ganaraska Region Conservation Authority dated
September 16, 2010. (Copy attached)
I - 8 The Honourable Rick Bartolacci, .Minister of Municipal Affairs and
Housing, responding to Council's resolution in support of the Town of
Halton Hills' resolution requesting that the Province assist
municipalities with the costs of deferiding Growth Plan conformity
amendments before the Ontario Municipal Board; indicating that
providing intervener funding for Growth Plan-related costs is not
foreseen at this time as the municipal official plan conformity
exercises are occurring through the regular planning process and that
since inception of the Growth Plan for the Greater Golden Horseshoe,.
both the Ministry of Municipal Affairs and Housing as well as the
Ministry of Infrastructure have worked closely with municipalities to
ensure that local conformity amendments are comprehensive,
consistent and defensible; and, advising that staff of both Ministries
will continue to work with the Region of Durham and its constituent
municipalities in advancing regional and local conformity amendments
through the planning system.
Summary of Correspondence - 2 - October 4, 2010
I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 15, 2010, Regional Council
adopted the following resolution pertaining to the request from the
Municipality of Clarington to add "Joseph Atkinson" to the Region's
Reserved Street Name List:
"THAT the request from the Municipality of Clarington to add `Joseph
Atkinson' to the Region's Reserved Street Name List be denied, and
the Municipality of Clarington be so advised of Council's decision."
I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 15, 2010, Regional Council
adopted the following resolution pertaining to the Quarterly Report on
Planning Activities:
"a) THAT Report #2010-P-50 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2010-P-50 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and
Durham Emergency Medical Services for information."
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 15, 2010, Regional Council
adopted the following resolution pertaining to establishment of a
Compliance Audit Committee:
"a) THAT the Terms of Reference for the Compliance Audit
Committee as outlined in Attachment 1 of Report #2010-A-32 be
adopted;
b) THAT John Hunter, William John Paul Jones and Howard. Smith
be appointed as members of the Compliance Audit Committee;
c) THAT the Regional Solicitor be requested to prepare the
appropriate by-law to establish the Compliance Audit Committee;
and
d) THAT a copy of this report be forwarded to the area
municipalities for their information."
Summary of Correspondence - 3 - October 4, 2010
I - 12 Greg Ashbee, P.Eng, Manager, Infrastructure Environmental
Assessment, GO, A Division of Metrolinx, advising of the Study
Commencement and Public Information Centres for the Oshawa to
Bowmanville GO Train Service Expansion and Maintenance Facility
Transit Project Assessment Process Environmental Assessment and
Preliminary Design Study; indicating the Environmental Assessment
will. review potential sites for new stations and layover facilities,
options for connecting the CN railway corridor with the CP railway
corridor from .Oshawa to Bowmanville, south of Highway 401, and
identify potential improvements to the existing rail line; advising that
Public Information Centres will be held on Thursday, October 7, 2010,
at the Baseline Community Centre in Clarington, Wednesday,
October 13, 2010 at the Royal Canadian Legion in Oshawa and
Thursday, October 14, 2010 at Durham College, Whitby Campus in
Whitby; and, forwarding the Project Overview outlining general
information regarding the study. Further information will be available
on GO's website at www.gotransit.com starting October 1, 2010.
CORRESPONDENCE FOR DIRECTION
D - 1 Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention &
Intervention, advising of the 6t" Annual "Go Purple for Child Abuse
Prevention! Campaign" to raise awareness and provide education on
efforts to eliminate abuse and violence in the lives of children and
youth, and the "Go Purple for Prevention! Campaign", an opportunity
for all Ontario citizens to participate and support the need for child
abuse awareness and prevention; and, requesting Council to
proclaim October as "Child Abuse & Neglect Prevention Month".
(Motion to Proclaim)
D - 2 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 15, 2010, Regional Council
adopted the following resolution pertaining to a .resolution-from the
Accessibility Advisory Committee of June.22, 2010 regarding
Promotion of Sign Language Interpretation as a Career Choice:
"a) THAT the Minister of Education, Colleges and Universities, and
the Minister of Community and Social Services be requested to
promote sign language interpretation as a career choice for high
school students; and
Summary of Correspondence - 4 - October 4, 2010
b) THAT a copy of this resolution be forwarded to the local area
Accessibility Advisory Committees to be endorsed by their
respective Councils."
(Motion to refer correspondence to the
Clarington Accessibility Advisory
Committee)
D - 3 Noble Blair Smyth, 2"d Vice President, Oshawa and District Shrine
Club, requesting permission to set up a table near the corner of King
Street and Temperance Street to sell a variety of Christmas cakes,
cookies and truffles on Saturday, November 27, 2010, Saturday,
December 4, 2010 and Saturday, December 11, 2010; and, advising
that all proceeds from these sales go directly to support to Shriner's
Children's Hospitals and that extra cakes are also sent to Canadian
Troops serving in Afghanistan.
(Motion to approve request)
D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
writing to the Right Honourable Stephen Harper and the Honourable
Tony Clement, Minister of Industry advising that on September 15,
2010, Regional Council adopted the following resolution pertaining to
elimination of the 2011 Census Long Form Questionnaire:
"THAT the Federal Government be advised that the Council of the
Regional Municipality of Durham opposes the decision to eliminate
the mandatory Census Long Form Questionnaire on the basis that it
will compromise the Region's ability to effectively plan for its
communities;
THAT the Council of the Regional Municipality of Durham hereby
requests the Honourable Tony Clement, Minister of Industry, and the
Federal Government to reinstate the mandatory Census Long Form
Questionnaire for the upcoming 2011 census;
THAT a letter be sent by the Regional Chair with this resolution to
the Prime Minister of Canada and the Minister of Industry;
THAT this resolution be forwarded to the Region's MPs, MPPs and
Area Municipalities for their information and support; and
THAT this resolution be forwarded to all upper and. single-tier
municipalities in Ontario, the Federation of Canadian Municipalities,
and the Association of Municipalities of Ontario, with the request that
they formally support this resolution."
(Motion for Direction)
Summary of Correspondence - 5 - October 4, 2010
D - 5 Sher Leetooze expressing concern with the disappearance of
Ontario's food production lands and the reliance of other countries to
feed Canadian communities; advising that many residents in
Bowmanville do not have space to put in a garden of any size and
that the provision of garden allotments in Bowmanville and other
areas of Clarington upon request would allow an opportunity for
those who wish to be more self sufficient and to decrease their
carbon footprint; acknowledging that the allotment program is not just
a matter of simply providing vacant land for gardening but would
require proper structure; and, offering to assist in formatting the
responsibilities and management policies for the garden allotments.
(Motion for Direction)
ANIMAL ADVISORY COMMITTEE I -1
Minutes of a meeting of the Animal Advisory Committee held on September 15,
2010 at 2:30 p.m. at the Animal Shelter.
ROLL CALL
Present: Jon Stoner, Chair
Councillor f~on Hooper (attended at 2:37 p.m
Rhonda Johnson
Peter Klose
Dr. Helen Koseck (attended at 2:40 p.m.)
Sheila Elkington, Animal Services Officer
Anne Greentree, Deputy Clerk
June Gallagher, Clerk II, Secretary
Absent: Laurie Arnott
As there was no quorum at the beginning of the meeting, the Committee
members only discussed the minutes and the quarterly reports..
1. ADOPTION OF THE MINUTES OF MARCH 10, 2010
There were no questions or comments.
2. QUARTERLY REPORTS
Anne noted some highlights from the quarterly reports for January to
March and April to June, in particular some of the year-over-year items.
With regard to animal control issues, Anne noted that the sales for the
licenses are remaining status quo; adoptions are down. It was noted that
part of the decrease in adoptions is, in part, due to the current policy
restricting advertising. Anne further noted that the increase in routine calls
is due to the fact that all tasks have been input into the Shelter Buddy
application and there has been an increase in the number of patrols.
There was a general discussion about the dog bites and the conclusion
was that there was no trend in types of dogs perpetrating the bites.
3. OTHER BUSINESS
a. Follow up on "Urban Backyard Chickens" -.Report CLD-004-10
Anne informed the Committee that the Report CLD-004-10 had been
adopted by Council and that urban backyard chickens are not allowed
in urban areas of the Municipality of Clarington.
Animal Advisory Committee -2- March 10 2010
There was a general discussion about the application of by-law
enforcement issues within the Municipality of Clarington.
The Committee achieved quorum at 2:37 p.m.
b. Circus elephants and their care
This agenda item was raised by John, which was prompted by a
newspaper article where a community member was concerned about.
the safety of residents when elephants are included in community
events (such as Apple Fest). There was a general discussion about
situations when elephants are taken out of their cages and brought into
the community. Peter noted that this is a matter of elephants being
"grandfathered" in their participation, as the organizations that have
these elephants have been in the community for years.
It was noted that CAZA does not necessarily get involved. in "policing"
this issue, but rather ensuring the safe keeping of the animals.
The Committee discussed the issue of dogs being brought to
community events. Councillor Hooper noted that the BIA is also
struggling with the issue of dogs.
c. Update and check on the "cattery", group housing, in the shelter
Sheila reported that we are currently maintaining an average of eight
cats in the "North" (group housing) room. Staff follow an approved
standard protocol for managing the "North" room and to date it has
proven successful.
d. Photos with Santa for 2010 -Status and Suite
Anne noted that, due to the Election, the discussion of "Santa for the
2010 Photos" has been placed on the back burner and nothing has
been firmed up, as of yet.
e. "What role does the Animal Advisory Committee play?"
John raised the issue of "what role does the Animal Advisory.
Committee play?"
Anne noted that, at the beginning of the term in 2007 was set out and
that she believes that the Committee has fulfilled the terms. She
noted, however, that she believes that the Committee has outlived the
scope of the Committee. Anne reminded the Committee that one of
the best ways to get direct input is to seek input from the stakeholders
within acertain issue (such as with the Kennel By-law) and suggested
that this is a good way to seek public input. She also provided the
Animal Advisory Committee -3- March 10, 2010
example of the "backyard chicken question", where, in addition to the
input from the Committee, other agencies and representatives were
contacted for input. Anne suggested that this adhoc (less formal
structure) approach would be the approach that might be the most
effective. She noted that she believes that staff are handling the day to
day, as well as resolving unusual situations. Anne asked for the
Committee's feedback on this suggestion.
Peter agreed that there were more issues that were at the forefront
which precipitated the inception of the Animal Advisory Committee, but
that there are few issues at this time. He further noted that the staff at
the Shelter are professionals in their.field and are very competent in
their duties.
There was a general discussion about whether the Committee should.
be disbanded.
Moved by Rhonda Johnson, seconded by Helen Koseck
THAT the Animal Advisory Committee be deemed to have fulfilled its
goals and outlived its need;
THAT the Committee recommend, to Council to disband the Clarington
Animal Advisory Committee; and
THAT the Clerk's Department and Animal Services Division continue to
seek input from members of the public, and industry experts, through a
less formal, adhoc process on an "as needed" basis when major issues
arise which may require public or industry input.
CARRIED
Anne thanked the members, on behalf of the. Municipality for their time
and knowledge and for being a part of the Committee.
Dr. Helen Koseck left the meeting at 3:37 p.m.
4. ADJOURNMENT .
Moved by Peter Klose, seconded by Rhonda Johnson
THAT the meeting be adjourned at 3:54. p.m.
CARRIED
Municipality of Clarington
Living Green
Community Advisory Committee
_I-2
draft MINUTES
May 25, 2010
Committee Members Present:
1. Amy Burke 5. Vanessa Hughes
2. Ron Collis 6. Elva Reid
3. Douglas Holdway 7. Gordon Johnston
4. Jim Abernethy 8. Cathrine McKeever
Staff Present: Lisa Backus, Sheila Hall
Regrets: Eryn Wishnowski
9. Bill Cawker
10. Mary Novak
11. Jonathan Wheatle
A enda Item Discussion Action
Opening Remarks Amy gave opening remarks including that this meeting could
be the last time the Committee sits to ether.
Minutes Brief Discussion. Motion to Approve by Mary, seconded by Carried
A ril 27, 2010 Dou
Business Arising None
Draft Green Extensive discussion regarding the May 6, 2010 Draft Green Amy to present the
Strategy Strategy Session and the written comments that were final Strategy to
received. Committee reviewed each submission and made Council on June 28,
appropriate changes to the Strategy prior to presentation to 2010. Lisa/Amy to
Council.. prepare the final
Strategy document
and the presentation
for Council
Subcommittee No Updates were provided.
Update
Other Business Jim and Mary thanked the committee for their hard work and
dedication during their term on the Committee.
Committee in uired what the next ste for the committee is?
Motion to ad'ourn Motion to ad'ourn b Elva, seconded b Ron. Carried
draft Minutes May_ 10. doc Page 1 of 1
CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING
THURSDAY, AUGUST 26, 2010
MEMBERS PRESENT:
Tom Barrie
Donald Rickard
Brenda Metcalf
Mark Bragg
REGRETS:
Henk Mulders
Ross McMaster
Faye Langmaid
ABSENT:
Jennifer Knox
STAFF:
Dean Jacobs
ADOPTION OF AGENDA
Ted Watson
Gary Jeffery
Eric Bowman
Mary Ann Found
Marlene Werry -Durham Region
Councillor Gord Robinson
Orwin Bandstra
Kathryn Kram
10-20 Moved by Eric Bowman, seconded by Tom Barrie
"That the Agenda for August 26, 2010 be adopted."
"CARRIED"
APPROVAL OF MINUTES
10-21 Moved by Brenda Metcalf, seconded by Eric Bowman
"That the minutes of the June 10, 2010 meeting be approved."
"CARRIED"
BUSINESS ARISING FROM MINUTES
I-3
Gary informed the Committee that the buffer resolution (10-19) was approved by
Council and sent to MMAH and referred to Planning Staff to examine as part of
the Official Plan Review.
The committee was given an update about the recent windfarm (ZEP) public
meetings. There was enormous public interest and overcrowding at the
meetings.
CORRESPONDENCE
A letter was received from Bev Oda, highlighting accomplishments for Government in
Agriculture. The committee would like to send a thank you reply as a gesture of
appreciation for the update. Donald made the motion to send a thank you reply, Ted
seconded, and it was carried.
Dean explained the Aird & Berlis letter regarding Highmark Homes, Conlin/Anderson
Intersection (Whitby) appeal to the OMB of ROPA 128 to the committee.
Dean distributed a Notice of Study Commencement dated August 11, 2010 of a
Municipal Class Environmental Assessment, undertaken by the Bowmanville
Landowners Group Inc. and the Region of Durham to address the current shortage of
wastewater treatment plant reserve capacity for Bowmanville. The project study area is
along Baseline Road and stretches from Courtice Road to 200 meters east of Liberty
Street. .
FCM report - wakeup call was referred to the Committee. There was a short
discussion; some members liked the idea of appointing a "rural champion" in Cabinet,
and it was clarified that the "decline" the report refers to is in terms of rural communities
in general, not agriculture specifically.
On the issue of conflicting interpretations of the definition of farmers and corporations,
Gary brought up that the Committee still has not received a reply to the letter sent to
John O'Toole in March. Problem: OMAFRA says they cannot change the definition of
agriculture; a corporation cannot have a pesticide licence. The .committee would like to
put something together (e.g. letter) and send it through John O'Toole to the new
Minister. Gary will talk to John O'Toole about this before the next meeting.
REPORTS FROM OTHER COMMITTEES
DAAC
There is still room on the tour September 17
Durham Federation of Agriculture
Mary Ann Found gave a report from the DFA:
DFA continues to look into incorporation to access more funding. Spearheaded by the
OFA.
The "Why Farming Matters" trailer has been leased for another year. DFA answered the
challenge from L&A Federation to donate $1.00 per member for reprinting of Real Dirt
($500).
AACc
August 26, 2010
DRFA will partner with Durham Region Economic Development Group for a funding
application to the rural economic development program for an agri-business and food
processing business retention and expansion project.
A letter was sent to OFA requesting them to lobby OPA to grant original pricing on
applications for ground mount solar projects submitted prior to July 2"d
A meeting was hosted with Bette Jean Crews August 17 regarding the business risk
management update. She has a positive outlook and thinks the commodities involved
are now coming as one voice.
The DRFA annual meeting is September 28 in Utica. Speakers are Steve and Lisa
Cooper. DRFA needs delegates to the annual meeting and board members. Contact
Karen Yellowless if interested.
Banner has a new look: 3 F's of farming (Food, Fibre, Fuel). Coined the phrase:"If you
used food, fuel or fibre today thank a farmer, if you plan to use food, fuel or fibre
tomorrow, support your local farmers". Mary Ann also mentioned the, need for a
national food strategy.
High school Farm Connection Program September 30, 2010 at Donald A Wilson
Secondary School, Whitby. Grades 9-11 to get 6 minute presentations on 10 topics:
technology, CFIA, land and environment (CLOCA), organic farming, pesticides, EEP,
overview of agriculture in Durham, alternative energy, enzymes in food, biotechnology.
Trillium media launch is tentatively scheduled during Gates Open on October 3, 2010.
Clarington Board of Trade
Donald reported that a meeting was held two weeks ago and there is not much to
update the committee on. He would let CBOT know about the DAAC tour on
September 17th 2010 and that there are a few spots left if anyone is interested in
attending.
OTHER BUSINESS
Orono Fair Booth
Dean mentioned that Mitch has offered to set up the Committee booth at the fair. The
committee is in agreement and Mitch will set up the booth.
FUTURE AGENDA
An OMAFRA speaker be invited to give a talk regarding the definition of "farmer".
Moved to Adjourn: Eric Bowman
Next Meeting: October 14, 2010 7:30 p.m.
AACC August 26, 2010
I-4
Draft minutes =Not vet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
IIELD ON TUESDAY SEPTEMBER i4, 2010
AT 7:00 P.M.
Present: (Voting) John Stoner-Chair
Karin Murphy -Vice Chair
David Best
Joe McKenna
Jim Cleland
Staff Present: Peter Windolf
Regrets: Arthur Burrows
Absent: Warren May - MNR
Councillor Willie Woo
1. Agenda
Additions
Trails and parking lot issues
Acceptance of Agenda
MOVED by David Best, seconded by Karin Murphy
THAT the agenda for September 14, 2010 be accepted.
CARRIED
2. Minutes of May 11, 2010
Corrections
There were no corrections to the minutes
Approval of Minutes
MOVED by Shirley Minifie, seconded by Jim Cleland
THAT the minutes of May 11, 2010 be approved.
CARRIED
Dan Stanoi
Shirley Minifie
Brian Reid
Pat Mulcahy
Greg Wells - GRCA
2
3. Issues arising from the Minutes
There were no issues arising from the minutes.
4. Sub-Committee reports
None
5. Updates
Trails Open Re-cap
The Trails Open Event was organized in conjunction with the Clarington Branch of the
Architectural Conservancy of Ontario. Guided trail walks at the SWNA were offered by
SWNA committee members on June 5 and 6. The site was profiled in the Trails Open
guide.
This was the. first year of Trails Open which is an offshoot of Doors Open events that are
akeady well established in Ontario. The guided walks at the SWNA were poorly attended
however the exposure the SWNA received from the trails Open Guide may help .to
increase the knowledge and use of the area.
The popularity of the Doors Open events in Clarington held on the same weekend may
have been a reason that the Trails Open event at the SWNA was poorly attended.
Participation next year will be reviewed at a future meeting. Scheduling the event to not
conflict with Doors Open may increase participation in 2011.
MNR Rangers Re-cap
On July 15 and 16, a crew of five Ontario Stewardship Rangers worked at the Samuel
Wilmot Nature Area along with members of the SWNA Committee. The Stewardship
Rangers program is an eight week summer program operated through the Ministry of
Natural Resources for students. The Rangers work on a variety of natural resource
management projects, including:
• creating wildlife habitat
• building fish spawning beds
• removing invasive species
• cleaning up streams
• maintaining hiking trails
This is the fourth straight year that the Rangers have worked at the SWNA. This year's
projects included spreading woodchips on the trails leading to the barrier beach on both
the east and west sides of the SWNA and around the Cobbledick kiosk, removing old
sections of metal farm fence, clearing vegetation from around interpretive signs and
benches, and mulching newly planted trees.
Some concerns were expressed by the committee about the Rangers lack of equipment
and arrival times. Both issues will be brought to the attention of the program leader prior
to committing for 2011.
Great Canadian Shoreline Clean-un
Shirley has officially registered the SWNA as a site for 2010 Clean-up which is
scheduled at the SWNA for September 25 at 10:00 AM.
The following members have volunteered to clean-up on the east side; Joe, Karin, Pat.
The following members have volunteered to clean-up on the west side; Dan; Brain, John
and Shirley.
Spouses and friends are also encouraged to attend.
Peter.will obtain heavy duty trash bags and confirm if Operations wants the recyclables
separated from the trash. A notice inviting public participation will be placed on the
Cobbledick kiosk and the entrance sign at Toronto Street.
201.1 Capital Budget
The committee discussed possible 2011 projects. There is approx. $28,000 remaining in
the Samuel Wilmot Nature Area account that can be used for projects in 2011 provided
they are approved in the 2011 Capital budget.
Projects to be investigated for further discussion at the October meeting are:
- An information kiosk on the Toronto Street side similar to the existing kiosk at the
Cobbledick parking lot
- Additional benches along the trails
- A viewing platform on along the east edge of the marsh
- A second Osprey nesting platform.
Blog Updates
The committee was reminded that if they have any information to post on the SWNA
blog they can submit it to either Jennifer O'Donnell or Peter Windolf.
Term of SWNA Committee
The term of this SWNA Committee extends until the end of 2010 however the committee
will not meet after the municipal election in October. Anew committee is typically
appointed by Council at one of the first meetings in the new term.
The Clerks Department will advertise for positions on all municipal committees in
November. Peter stated that the current committee contains some of the most dedicated
members ever appointed to the SWNA committee. Applications will be brought to the
October meeting for members that would like to re-apply.
4
6. Other Business
Jim Cleland expressed concern that the barrier curbs in the Cobbledick parking lot are
covered by vegetation and can't been seen when parking a car and some trees are
overhanging the Toronto Street trail to the lake. The maintenance committee will attempt
to rectify both of these issues prior to requesting assistance from Operations.
Shirley Minify advised that she witnessed two boats in the marsh. When questioned, the
boaters informed her that they were participating in a fish inventory of the marsh. Peter
will confirm with CLOCA if this work was part of the Coastal Wetlands Monitoring
project.
Motion to Adjourn
MOVED by Joe McKenna, seconded by Jim Cleland
THAT the meeting be adjourned.
CARRIED
Adjournment: 8:30 P.M.
Next Meeting: Tuesday October 12, 2010
Notes prepared by P. Windolf
MUNICIPALITY OF CLARINGTON i - 5
NEWCASTLE COMMUNITY HALL BOARD
Meeting of the Newcastle Community Hall Board
on July 20, 2010 at 7 pm in the Council Chambers.
Present Were: P. DeJong (chair)
S. DeJong
C. Abraham
G. Robinson (councillor)
B. Snowdon
L. Franssen
Regrets From: C. Trim
MINUTES
1.1 Motion S. DeJong, seconded by G. Robinson
That minutes of May 2010 be accepted as circulated. "Carried"
BUSINESS ARISING
2.1 Fiddlers have agreed to our terms and will behaving first dance Sept 15 2010.
2.2 Model Train group has agreed to terms and will be amving at the end of August.
Basement will need to be cleaned up before then.
2.3 Gas stove will go to Region of Durham auction in September.
2.4 Jean from Horticultural Society has asked that trees in front of hall be pruned. Set
up with Operations Dept to have this done.
2.5 Woudstra wedding in August has cancelled.
Motion by S. DeJong, seconded by C. Abraham
That a refund of 100% of Friday's fee and 50% of Saturday's fee be given.
"Carried"
CORRESPONDENCE
3.1 Nomination for Clarington Blooms has been received for the gardens.
BILLS
4.1 Motion by C. Abraham, seconded by S. DeJong
That bills for supervision $50.00 P. DeJong, $1044.00 S. DeJong by paid as
presented. "Carried"
Page 2
NEW BUSINESS
5.1 Emerald Auction has paid their overdue account and booked another auction.
5.2 Discuss funeral receptions with NFH
5.3 Discussed taking lead with Village Concerts
Motion by C. Abraham, seconded by G. Robinson
That Newcastle Hall Board take the lead and retain committee presently
organizing Village Concerts. "Carried"
5.4 Check records for details on Bowling Association start up.
5.5 No August meeting.
5.6 Discussed having celebration dinner for C. Trim for the years he has served on
Board. Tentatively set for September. Director of Operations to be invited.
Adjourned 7:30 pm
CLARINGTON HERITAGE COMMITTEE
Minutes of Meeting
September 22, 2010
MEMBERS PRESENT:
Karina Isert
Victor Suppan
Karin Murphy
REGRETS:
Isabel Little
Paul Allore
Councillor Novak
PLANNING STAFF:
Faye Langmaid
ADOPTION OF MINUTES:
Duane Cook
David Reesor
Andrew Kozak
James Rook
Ingrid Saravia
Leslie Wilson
I-6
MOTION 10.19 Moved by Karin Murphy, Seconded by Karina Isert
THAT the minutes from June 15, 2010 be accepted as amended
"CARRIED"
BUSINESS ARISING:
Courtice Main Street Master Development Plan
The Master Development Plan was adopted by Council Sept 21St. This document will form the
basis for the development of the Secondary Plan and Zoning By-law which will come forward
to Council in early 2011. The issues identified by the Heritage Committee have been identified
and the policy-framework will outline how they are to. be addressed.
Official Plan
Will continue to be processed by Staff, comments are due by November 12, 2010. Any
revisions to the proposed policies will come forward to Council in early 2011. Vic had e-
mailed the committee comments for review, specifically there were 4 issues that he raised:
1) The role of the committee was not addressed within the Official Plan. Faye indicated that
this is not unusual; the role of the committee is defined in the Terms of Reference. The
Official Plan is Council's document and refers to its legal obligations under the Ontario
Heritage Act including consultation with the Clarington Heritage Committee.
2) The register should be mentioned and identified; Faye agreed that the policies should be
reviewed to address the use of the register as a tool.
3) Concern over the dropping of the identification of heritage conservation districts. Faye
explained that it is covered by "designate any such cultural heritage resource pursuant to
the Ontario Heritage Act". If they were identified it would be a long list, when lists happen
in Official Plan's if you add or subtract from the list some members of the public may
complain, having no list leaves flexibility that any deserving heritage features could be a
district. Not having them identified does not mean the tool of heritage districts will not be
used.
4) The role of the committee in demolition permits is not articulated. Faye indicated that
during the preparation of the 1996 plan it was identified that the demolition control had to
be addressed, it has been. Planning has to sign-off on all demolition permits. The
specifics about demolition control of buildings listed on the municipal register are not
addressed in the Official Plan as they are a requirement under the Heritage Act and the
O.P. refers to the Heritage Act.
57 Mill Street South
Demolition permit was issued, and the construction of the new Shopper's Drug Mart is
underway.
Tooley Cairn
Peter Windolf is waiting on the committee before he installs the plaque. If the committee is
organizing the opening .ceremony there needs to be a date set, invitations issued, press
release and ceremony determined. If the CHC does not wish to take the lead on this item the
Museum can. Faye suggested that asub-committee be formed.. and contact with the Museum
be made. Vic to get back to Peter, Martha and Faye.
Members wondered about the wording of the plaque, Faye. indicated that Leslie had been
involved with Peter and Martha in sorting out the wording and getting the length cut down.
Members asked that Faye send the wording to them.
CORRESPONDENCE
There was no correspondence presented at the. meeting.
FINANCIAL REPORT:
May 26 Opening .Balance $5,858.48
May 31 Interest
June 30 Interest
July 30 Interest
August 25 Closing
0.05 $5,858.53
0.,05 $5,858.58
0.05 $5,858.63
$5,858.63
MOTION 10.20 Moved by Karina Isert, Seconded by Duane Cook
THAT the financial statement be accepted
"CARRIED"
SUB-COMMITTEE REPORTS
Orono CIP- Last meeting was July 7th, a number of maintenance issues were identified for
repair (e.g. railing, sidewalk). Some purchase and sale of various buildings in Orono. Request
for flagpole and tree. planting by committee. Doors Open was seen as a very successful event
for Orono as was .the Antique Show. Next meeting is October 6m
2
Newcastle CIP -Next meeting is October 7m
Bowmanville CIP- At September 14tH meeting Andrew was elected Chair, Clayton Morgan as
Vice-Chair. A number of concerns and disappointments were discussed and there was an
update on a number of grant applications.
PROJECT REPORTS
Website Development -Vic provided compiled information on the websites to Andrew and
has commented on initial design. Andrew would like to issue an RFP soon which would be
submitted to the Municipality to be issued in accordance with purchasing protocol. Faye
indicated that she will look into having the funds carried over to 2011.
Inventory Update -Progressing well in Clarke only the northern portion of the Township
remains (waiting for the leaves to come off). Some interesting railway underpasses near
Newtonville.
NEW BUSINESS
407 Corridor -the maintenance of the houses both heritage and others along the route of the
407 corridor is lacking. Faye to follow-up with MTO, .especially about stone house near
35/115.
Beaver Street Houses -Vic wanted to know why fhe committee had not been consulted on the
removal from the register. Faye indicated that the CHC had previously been consulted on the
moving of the buildings and had agreed. to it, the mechanism for doing so was to remove them
from the register to allow the issuance of the demolish permit which is what is needed to move
the house and then. once it is in the new location it will go back onto the register with the new
property description.. The purpose of the most recent report was to allow for the moving of the
buildings to different locations as the owner has found more appropriate lots to place them on.
Vic asked that in future the committee be circulated on the report in advance of it going to
Council
Camp 30 -demolition order has been issued under property standards on Administration
Building (fire damaged building). Vic indicated that he found this very. frustrating given that the
structural report had indicated it was not beyond repair. Faye indicated that Camp 30 had
become destination listed on a number of social networking sites and that the underground
tunnels and other areas of concern were being regularly accessed regardless of the attempts
by the developer to secure the site. Due to the liability issues that could be incurred the
decision was made by Municipal Law Enforcement in consultation with Fire, Building and
Planning that the situation could not be allowed to continue. It is disappointing but there are
still a number of ether buildings that efforts should be focused .on.
New house on Elgin- Andrew has had lots of comments from visitors saying they do not think
it fits the character of the other buildings in the area.
3
Central School -new windows have gone in
132 Wellington -porch extension to make it awrap-around, replacement of the windows were
in character and the chimneys have been restored. The devil is in the detail as it gets
constructed.
Orono Armories -not on the register, but has the Orono Town Hall designation listed on its
title. New owner has asked that Orono Town Hall designation be removed from the title, this
requires an amending by-law. The process is outlined in the Heritage Act to do an
amendment. Staff have prepared an amending by-law. Faye will send by-law for Orono Town
Hall and amending by-law to committee members, only change is the property description.
Meeting adjourned by-David
.Next Meeting
October 19t", 2010
Meeting Room 1A, 7:00 pm
4
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE FULL AUTHORITY
September 16, 2010
FA 05/10
1. Welcome and Call to Order
The Chair called the Full Authority meeting to order at 7:17 p.m.
I-7
MEMBERS PRESENT: Raymond Benns, Chair -Township of Alnwick/Haldimand
Mark Lovshin, Vice-Chair -Township of Hamilton
Brian Fallis -Township of Cavan Monaghan
Bob Spooner -Town of Cobourg
Twila Marston -Township of Hamilton
Linda Thompson -Municipality of Port Hope
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Mark Peacock, Director, Watershed Services
Greg Wells, Manager, Planning and Regulations
Members of the Public
ABSENT WITH
REGRETS: Cal Morgan -Municipality of Port Hope
Miriam Mutton -Town of Cobourg
ALSO ABSENT: Gord Robinson -Municipality of Clarington
Charlie Trim -Municipality of Clarington
Dave Marsh -City of Kawartha Lakes
2. Disclosure of Pecuniary Interest
None
3. Minutes of Last Meeting
FA 46110
MOVED BY: Bob Spooner
SECONDED BY: Mark Lovshin
THAT the Full Authority approve the minutes of June 17, 2010 meeting.
CARRIED.
4. Adoption of the Agenda .
The Chair informed the Board members of eight additional permits.
FA 47/10
MOVED BY:
SECONDED BY:
Twila Marston
Mark Lovshin
THAT the Full Authority adopt the agenda as amended.
CARRIED.
Minutes FA 05/10 Page 2
5. Delegations:
None.
6. Presentations:
None.
7. Business Arising from Minutes:
None.
8. Chair and CAO/Secretary-Treasurer Remarks
The Chair stated that the golf tournament was very enjoyable and well attended. He also
informed the members of the retirement party for Mayor Bill Finlay this Saturday. As well,
he informed the members that the Vanhaverbeke ~roperty donation was completed and a
dedication ceremony had been held on August 28t . -
The CAO/Secretary-Treasurer reported that the summer had been busy. Winnie has
officially retired and a new cook has been hired, Brenda Clancy. As well, the new GFC
Property Manager has been hired. Linda Givelas starts on Monday, September 27, 2010.
She also reported that the 3`d Annual Building for Change golf tournament, in support of
the Ganaraska Forest Centre, which occurred yesterday at Dalewood Gold and Curling
Club was a success, with over $10,000.00 raised.
9. Business from the Board Members
Linda Thompson asked for an update on Perrytown. Staff reported that the work will
begin after the landowner removes his bean crops. She asked in regards to the noise
complaints at the Ganaraska Forest Centre. Staff stated that a security company has
been hired to be on site for all future weddings. A meeting is also being set up with the
neighbours to discuss their concerns.
Bob Spooner gave best wishes to those running for office and congratulations to those
acclaimed. In Cobourg.the "Dutch Oven" senate is running a roast in honour of Bob who
has served over 25 years in public office. Bill Patchett is selling tickets for $35.00 to the
November 25, 2010 event to be held at Best Western.
Brian Fallis .noted that Dave Marsh is making a presentation September 27`h, 2010. to the
Township of Cavan Monaghan about wind turbines.
Mark Lovshin congratulated Bob for his 25 years in office.
10. Correspondence:
The CAO/Secretary Treasurer stated that she had been speaking with the General
Manager of Conservation Ontario for interpretation of the letter regarding constraints on
salaries for provincial employees. Conservation Ontario is of the opinion that
Conservation Authorities are excluded from the legislation. The legislation states that
municipalities and local boards of municipalities and other employers that receive less
than $1 million funding from the province are excluded.
FA 48/10
MOVED BY: Bob Spooner
SECONDED BY: Twila Marston
Minutes FA 05/10 Page 3
THAT correspondence item #13 to be received and filed.
CARRIED.
11. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
a) 168/06-1084-06/10 -Michael Barry (Hamilton Township) -Excavation of a 2'
wide trench for geo-thermal system installation
b) 168/06-1085-06/10 -Brock Baker (Clarington) -Construction of a 40'x41'
dwelling, 20'x24' detached garage and septic
c) 168/06-1086-06/10 -Jessica Fraser-Thomas (Cobourg) -Construction of a
6'x12' covered porch/addition and a 14'x32' deck
d) 168/06-1087-07/10 -Ian Davis (Hamilton Township) -Construction of a 13'x15'
shed
e) 168/06-1088-07/10 -Rob Wilson (Clarington) -Construction of a single family
dwelling and septic
f) 168/06-1089-06/10 -Rick Rondeau (Clarington) -Temporary Stockpiling of fill
material for future use on-site
g) 168/06-1090-07/10 -County of Northumberland (Hamilton Township) -
Installation of HDPE liners within two existing culverts
h) 168/06-1091-07/10 -Frank Godfrey (Hamilton Township) -Construction of a
secondary access driveway above regional storm flood plain
i) 168/06-1092-07/10 -Travis Smith (Clarington) -Construction of an 8'x30' deck
j) 168/06-1093-08/10 - Rooly Georgopoulos / Stantec Consulting (Clarington) -
Excavation of a 2m x 3m trench and placement of concrete slabs
kj 168/06-1094-07/10 -Joe MacLeod (Hamilton Township) -Construction of a
single family dwelling and fill placement for septic system
I) 168/06-1095-07/10 - AECOM (Clarington) -Repairs to facia and abutments on
four corners of existing box culvert
m) 1 68/06-1 096-0711 0 -Laurie Pratt (Cobourg) -Installation of a 1500 gallon
sewage holding tank
n) 168/06-1097-07/10 -Christine Giannandrea (Port Hope) -Removal and
relocation of an existing boat house
o) 168/06-1098-07/10 -Mike Mastrangelo (Clarington) -Construction of a
50'x104' barn
p) 168-06-1099-08/10 -Township of Hamilton -Replacement of sill of an existing
concrete box culvert
q) 168/06-1100-08/10 -Brad Pitre (Hamilton Township) -Construction of a single
family dwelling ,septic system and pool
r) 168/06-1101-08/10 - Cameco Corporation (Clarington) -Installation of a
replacement and new 10" outfall pipe (Port Granby)
s) 168/06-1102-08/10 -Alex Wilson (Clarington) -Construction of a 24'x30'
addition
t) 168/06-1103-08/10 -County of Northumberland (Port Hope) -Construction of
two asphalt spillways, minor re-grading ,sealing of catchbasins and repairs to
stairs (Garden Hill Dam)
u) 168/06-1104-08/10 -Peter Rumgay (Port Hope) -Construction of a 20'x36'
addition
v) 168/06-1105-08/10 - OFAH /John Rolph (Cobourg) - Streambank stabilization
Minutes FA 05!10 Page 4
works
w) 168/06-1106-08/10 - Region of Durham - Directional drilling beneath a
tributary of Foster Creek and install a conduit
x) 168/06-1107-08/10 -Frank Hazard (Cobourg) -Addition to an existing building
y) 168/06-1108-08/10 -Township of Hamilton-replacement of existing bridge deck
z) 168/06-1109-08/10 -Municipality of Port Hope -Placement of rip-rap and field
stone around two corners of bridge abutment
aa)168/06-1028-08/10 (Renewal) - CAP REIT (Clarington) - Placement of
amourstone for shoreline bluff protection
bb)168/06-1110-08/10 -Jim Flanigan (Cobourg) -Construction of a single family.
dwelling
cc) 168106-1111-08/10 -Nancy Camacho (Hamilton Township) -Construction of a
single family dwelling
dd) 168/06-1112-08/10 -Chris Lalande (Hamilton Township) -Construction of an
addition to an existing building
FA 49/10
MOVED BY: Bob Spooner
SECONDED BY: Mark Lovshin
THAT the Full Authority approve permits issued by the Executive.
CARRIED.
Permits requiring Full Authority discussion:
None
12. Committee Reports:
a) Ganaraska Forest Recreation Users Committee ,
It was noted that Peter Kennedy's name is listed twice in the minutes as being absent.
FA 50/10
MOVED BY: Twila Marston
SECONDED BY: Brian Fallis
THAT the Full Authority leave the blocks of the East Forest to the east of County Road
10 open to motorized use, and;
FURTHER THAT no additional signs be posted regarding the illegal use of municipal
roads by off-road vehicles, and;
FURTHER THAT staff continue to request that pay duty officers focus attention on
ticketing off-road vehicle operators using municipal roads and increase the number of
paid duty patrols in the East Forest area where possible.
CARRIED.
FA 51/10
MOVED BY: Bob Spooner
SECONDED BY: Brian Fallis
THAT the Full Authority receive the minutes for information.
CARRIED.
Minutes FA 05/10 Page 5
13. New Business:
a) 2011 Budget Guidelines
The Board reviewed the staff report and asked for clarification on the 2.5% increase
proposed. Clarification was provided by staff.
FA 52/10
MOVED BY: Bob Spooner
SECONDED BY: Mark Lovshin
THAT staff prepare the preliminary budget based on the criteria contained in the staff
report prepared August 26, 2010 for review by the Full Authority.
CARRIED.
b) AMO Case for Joint and Several Liability Reform in Ontario
FA 53/10
MOVED BY:
SECONDED BY:
Brian Fallis
Twila Marston
WHEREAS the Association of Municipalities of Ontario has presented the Case for
Joint and Several Liability Reform in Ontario to the Attorney General's Office; and
WHEREAS letters of support and resolutions are being solicited and have been
received from municipal councils throughout Ontario; and
WHEREAS the issues raised are of direct relevance to Conservation Authority
operations and represent a significant burden on their financial and legal resources;
THEREFORE BE IT RESOLVED THAT the Ganaraska Region Conservation Authority
endorse, and communicate its endorsement of the Case for Joint and Several Liability
Reform in Ontario to the Association of Municipalities of Ontario and to the Office of the
Attorney General for Ontario.
CARRIED.
14. Other Business:
None.
15. In Camera
None.
16. Adjourn
The meeting adjourned at 7:40 p.m. on a motion by Mark Lovshin.
CHAIR
CAO/SECR ARY-TREASURER
GANARASKA REGION SOURCE PROTECTION AUTHORITY
MINUTES OF THE AUTHORITY
September 16, 2010
SPA 03/10
1. Welcome and Call to Order
Chair Raymond Benns called the meeting to order at 7:40 p.m.
MEMBERS PRESENT: Raymond Benns, Chair -Township of Alnwick/Haldimand
Mark Lovshin, Vice-Chair -Township of Hamilton
Brian Fallis -Township of Cavan Monaghan
Bob Spooner -Town of Cobourg ,
Twila Marston -Township of Hamilton
Linda Thompson -Municipality of Port Hope
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Mark Peacock, Director, Watershed Services
ABSENT WITH
REGRETS: Miriam Mutton -Town of Cobourg
Cal Morgan -Municipality of Port Hope
ALSO ABSENT: Gord Robinson -Municipality of Clarington
Charlie Trim -Municipality of Clarington
Dave Marsh -City of Kawartha Lakes
2. Minutes of Last Meeting
SPA 13/10
MOVED BY: Bob Spooner
SECONDED BY: Twila Marston
THAT the Ganaraska Region Source Protection Authority approve the minutes of the
June 17, 2010 meeting.
CARRIED.
3. Adoption of the Agenda
Chair Benns pointed out the addition of a correspondence item and two staff reports
under other business.
SPA 14/10
MOVED BY:
SECONDED BY:
Mark Lovshin
Linda Thompson
THAT the agenda be adopted with additions.
CARRIED.
Minutes SPA 03/10 Page 2
4. Delegations
None
5. Presentations:
None
6. Reports for discussion:
None.
7. Correspondence:
a) SPA #1 cc. Hon Minister Gerretsen Re: costs for the implementation and
enforcement of source water protection plans.
The members requested that the letter (SPA#1) be forward to the Trent Conservation
Coalition Source Protection Committee for comment.
SPA 15/10
'MOVED BY: Brian Fallis
SECONDED BY: Mark Lovshin
THAT the Ganaraska Region Source Protection Authority receives correspondence
item SPA #1 for information.
CARRIED.
8. Other Business:
aj Source Protection Committee Chair's Quarterly Report
SPA 16/10
MOVED BY:
SECONDED BY:
Twila Marston
Mark Lovshin
THAT the Ganaraska Region Source Protection Authority receive the Source Protection
Committee Chair's September 1, 2010 Quarterly Report for information.
CARRIED.
b) Finalization of Proposed Ganaraska Assessment Report
SPA 17/10
MOVED BY:
SECONDED BY:
Bob Spooner
Linda Thompson
THAT the Ganaraska Region Source Protection Authority receive the above report and
the Proposed Ganaraska Assessment Report on CD for information.
CARRIED.
Minutes SPA 03/10 Page 3
c) Municipal Land Securement
SPA 18/10
MOVED BY: Bob Spooner
SECONDED BY: Twila Marston
THAT the Ganaraska Region Source Protection Authority send a letter of support. to
municipalities applying for funding under the Municipal Land Securement program of
the Ontario Drinking Water Stewardship Program.
d) Other
Brian Fallis asked if there would be any type of funding program to assist landowners with
relocating below grade oil tanks in order that they are no longer a threat.
The CAO/Secretary-Treasurer updated the members on the "partnership" relationship
and stated that the Memorandum of Understanding was being reviewed prior to signing.
The board directed staff to address issues and seek concurrence from the chair prior to
moving forward with the new Memorandum of Understanding.
9. Ad1ourn
The meeting adjourned at 7:55 p.m. on a motion by Mark Lovshin.
CHAIR
/SECRETARY-TREASURER
DRAFT LIST OF DELEGATIONS
October 4, 2010
a) Sher Leetooze -Land for Garden Allotments (Correspondence Item D - 5)
b) Jeany Barrett, President, Newcastle Horticultural Society -Presentation of
Newcastle Community Hall Heritage Garden Project Concept Plan (Item 9 of
Report #1)
c) Ron Richards -Report PSD-111-10 -Proposed Official Plan and Zoning
By-law Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2 and a 2"d Building of 783M2 for Retail/Service Commercial Uses
(1804603 Ontario Inc.) (Item 1 of Unfinished Business)
d) Steven O'Melia -Report PSD-111-10 -Proposed Official Plan and Zoning.
By-law Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2 and a 2"d Building of 783M2for Retail/Service Commercial Uses
(1804603 Ontario Inc.) (Item 1 of Unfinished Business)
e) Ron Richards - Addendum to Report PSD-108-10 -Removal of a Holding
Symbol (FCHT (Ontario) Holdings Corporation) (Item 2 of Unfinished Business)
•
arm n
Energizing Ontario
REPORT #1
REPORT TO COUNCIL MEETING OF OCTOBER 4, 2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, SEPTEMBER 27, 2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) COD-048-10 Tender CL2009-41 Fuel Tank Requirements at Various
Locations -Soil Remediation Update
(b) FND-022-10 Municipal Performance Measures Program - 2009
(c) FND-025-10 Report on Revenue Sensitive to Economic Conditions -June,
July & August 2010
2. PROPOSED MODIFICATION TO DRAFT APPROVED PLAN OF SUBDIVISION
AND ZONING BY-LAW AMENDMENT TO PERMIT 419 RESIDENTIAL UNITS
APPLICANT: WEST DIAMOND PROPERTIES INC., PLAYERS BUSINESS
PARK LTD. AND 1613881 ONTARIO LTD.
THAT Report PSD-104-10 be received;
THAT the application for Zoning By-law Amendment (ZBA 2010-0020) submitted by
West Diamond Properties Inc., Players Business Park Ltd. and 1613881 Ontario
Ltd. be approved and that the attached By-law, contained in Attachment 3 of Report
PSD-104-10, be passed;
THAT the proposed modification to Draft Approved Plan of Subdivision
S-C 2004-004 as submitted by West Diamond Properties Inc., Players Business
Park Ltd. and 1613881 Ontario Ltd., as contained on Attachment 2 of Report
PSD-104-10, be approved;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1
- 2 - October 4, 2010
THAT the Durham Region Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-104-10 and Council's
decision; and
THAT all interested parties listed in Report PSD-104-10 and any delegation be
advised of Council's decision.
3. APPLICATION TO AMEND ZONING BY-LAW 84-63 TO PERMIT A
TEMPORARY NEW HOME SALES PRESENTATION CENTRE ON THE
SUBJECT LANDS FOR A MAXIMUM OF THREE (3) YEARS
APPLICANT: BROOKFIELD HOMES (ONTARIO) LIMITED
THAT Report PSD-105-10 be received;
THAT the application for Zoning By-law Amendment submitted by Brookfield
Homes (Ontario) Limited as contained in Attachment 2 of Report PSD-105-10 be
approved;
THAT the Durham Regional Planning Department and Municipal Property
Assessment Corporation be forwarded a copy ~of Report PSD-105-10 and
Council's decision; and
THAT all interested parties listed in Report PSD-105-10 and any delegations be
advised of Council's decision.
4. APPLICATION TO AMEND ZONING BY-LAW 84-63 TO ALLOW THE
ENLARGEMENT OF AN EXISTING LEGAL NON-CONFORMING LOT
APPLICANT: KELLY ADAMS
THAT Report PSD-106-10 be received;
THAT the application for Zoning By-law Amendment submitted by Kelly Adams as
contained in Attachment 2 of Report PSD-106-10 be approved;
THAT the Durham Regional Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-106-10 and
Council's decision; and
THAT all interested parties listed in Report PSD-106-10 and any delegations be
advised of Council's decision.
Report #1
- 3 - October 4, 2010
5. OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT
APPLICATIONS TO PERMIT THE DEVELOPMENT OF EIGHT NEW LOTS FOR
SINGLE DETACHED DWELLINGS
OWNERS: MICHAEL RICCIUTO, HEATHER RICCIUTO, ANTONIO RICCIUTO,
ISOLINE RICCIUTO, GINA STONE & RUSSELL STONE
THAT Report PSD-107-10 be received;
THAT Amendment No. 78 to the Clarington Official Plan submitted by Michael
Ricciuto et al to expand the Hampton Hamlet boundary; and to redesignate certain
lands from "General Agricultural Area" to "Hamlet Residential" to permit the
development of eight (8) single detached residential dwellings, as contained in
Attachment 3 of Report PSD-107-10, be adopted and the By-law contained in
Attachment 4 be passed;
THAT the Zoning By-law Amendment application submitted by Michael Ricciuto et
al be approved as contained in Attachment 5 of Report PSD-107-10;
THAT the Region of Durham Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-107-10 and Council's
decision; and
THAT all interested parties listed in Report PSD-107-10 and any delegations be
advised of Council's decision.
6. APPLICATION FOR REMOVAL OF HOLDING
OWNER: PRESTONVALE DEVELOPMENTS INC.
THAT Report PSD-109-10 be received;
THAT the application submitted by D.G Biddle & Associates on behalf of
Prestonvale Developments Inc. to remove the Holding (H) symbol be approved;
THAT the By-law, attached to Report PSD-109-10, to remove the Holding (H)
symbol from Lots 1 to 57 (Phase I) be passed and that the Region of Durham be
forwarded a copy of Report PSD-109-10;
THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from
Lots 1 to 56 (Phase II) at such time as the Draft Approved Plan of Subdivision is
registered and that said By-law be forwarded to the Regional Municipality of
Durham; and
THAT all interested parties listed in Report PSD-109-10 and any delegations be
advised of Council's decision.
Report #1 - 4 - October 4, 2010
7. AMENDMENT TO HERITAGE DESIGNATION BY-LAW 87-15
ORONO TOWN HALL, 5315 MAIN STREET, ORONO
THAT Report PSD-110-10 be received;
THAT the Municipal Clerk and Staff be authorized to carry out the necessary
actions including notification.to amend the heritage designation for Orono Town
Hall By-law 87-15 pursuant to the Ontario Heritage Act, R.S.O. 1990, c.0.18;
THAT the Mayor and Municipal Clerk be authorized to enact the amending By-law,
Attachment 3 to Report PSD-110-10, to amend heritage designation By-law 87-15
for the Orono Town Hall, 5315 Main Street, Orono; and
THAT the Ontario Heritage Trust, the Clarington Heritage Committee, the property
owner and the interested parties listed in Report PSb-110-10 be advised of
Council's decision.
8. PROPOSED NEWCASTLE SKATEBOARD PARK
COLLABORATIVE AGREEMENT
THAT Report EGD-030-10 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative
Agreement; and
THAT all partners in the Collaborative Agreement be advised of Council's action.
9. COLLABORATIVE AGREEMENT BETWEEN THE NEWCASTLE
HORTICULTURAL SOCIETY, THE NEWCASTLE COMMUNITY HALL AND THE
MUNICIPALITY OF CLARINGTON
THAT Report OPD-004-10 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative
Agreement; and .
THAT all interested parties listed in Report OPD-004-10 be advised of Council's
decision.
Report #1 - 5 - October 4, ,2010
10. LAKERIDGE HEALTH OSHAWA CARDIOVASCULAR PREVENTION AND
REHABILITATION PROGRAM
THAT Report CSD-009-10 be received;
THAT the Mayor and Clerk be authorized to extend the agreement between the
Municipality of Clarington and Lakeridge Health Cardiovascular Prevention and
Rehabilitation Program, for an additional 12 month period; and
THAT Ms. Susan Ord of Lakeridge Health be informed of Council's decision.
11. DISCONTINUATION OF ANIMAL ADVISORY COMMITTEE
THAT Report CLD-029-10 be received;
THAT the Resolution of the 2006-2010 Clarington Animal Advisory Committee,
recommending that the Committee be disbanded, be received;
THAT .Resolution GPA-402-96, establishing an Animal Advisory Committee be
rescinded;
THAT staff continue to seek input from members of the public and industry experts
when contemplating major policy changes, innovative initiatives or significant
service level changes through appropriate means; and
THAT the members of the 2006-2010 Clarington Animal Advisory Committee be
advised of Council's decision and thanked for their accomplishments throughout
their term on this Committee.
12. LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUNDS OF TAXES
THAT Report FND-023-10 be received; and
THAT the list,. attached to Report FND-023-10, of applications for cancellation,
reduction, apportionments or refund of taxes be approved.
Report #1 - 6 - October 4, 2010
13. REQUEST TO COUNCIL TO EXEMPT CLARINGTON BRANCH 178 OF THE
ROYAL CANADIAN LEGION FROM MUNICIPAL PROPERTY TAXES
THAT Report FND-024-10 be received;
THAT Council authorize exemption of local property taxes on the property in
Clarington owned by the Clarington Branch 178 of the Royal Canadian Legion,
pursuant to the Assessment Act R.S.O. 1990, ChapterA.31, Section 6.1(2);
THAT Staff request to the Region of Durham that the Regional portion of property
taxes be exempted pursuant to Regional Report #2001-F-16 commencing in 2010;
and "
THAT the By-law attached to Report FND-024-10 be executed by the Mayor and
Clerk.
14. SALE OF SURPLUS PROPERTY -182, 186, 190, 194 GEORGE REYNOLDS
DRIVE, FORMER TRUCES ROAD FIRE STATION SITE
THAT Addendum to Report PSD-054-10 be received;
THAT an Amending By-law to By-law 2010-047 be passed to authorize the sale
and transfer of the lands identified as Parts 2, and 4, Plan 40R-25845, Part Lot 30,
Concession 3, former Township of Darlington, 182, and 190 George Reynolds
Drive, Courtice to 2055979 Ontario Inc.;
THAT all other conditions set out in PSD-054-10 and the Purchase and Sale
Agreements with regard to 182 and 190 George Reynolds Drive will be assumed by
2055979 Ontario Inc. and remain in force; and
THAT all interested parties to Addendum Report PSD-054-10 be notified of
Council's decision.
15. PROPOSED ZONING BY-LAW AMENDMENTS TO IMPLEMENT THE ADOPTED
CLARINGTON TECHNOLOGY BUSINESS PARK SECONDARY PLAN
THAT Report PSD-099-10 be lifted from the table;
THAT Report PSD-099-10 and Addendum to Report PSD-099-10 be received;
THAT Schedule "A" to the Zoning By-law, the final page of Attachment 5 in Report
PSD-099-10 be replaced with Schedule "A" to the Zoning By-law as shown on
Attachment 1 to Addendum Report PSD-099-10;
THAT the proposed Zoning By-law contained in Attachment 5 to Report
PSD-099-10 (as revised by Recommendation 3) be passed; and
Report #1 - 7 - October 4, 2010
THAT all interested parties listed in Addendum to Report PSD-099-10 and any
delegations be advised of Council's decision.
16. HOLIDAY TRAIN RESOLUTION
WHEREAS the Municipality of Clarington has been notified that the CPR Holiday
Train has scheduled a stop in Clarington as part of the Holiday Train route;
NOW THEREFORE the Council of the Municipality of Clarington hereby resolves
as follows:
THAT Council approves and endorses the Municipality's participation in the 2010
Holiday Train event scheduled for Sunday, November 28th beginning at 5:30 pm;
THAT required funds of approximately $3,000 be allocated from the general surplus
and expensed to the Communication & Tourism Special Events 2010 account; and
THAT staff be authorized to advertise the event for community participation.
17. ROYAL CANADIAN LEGION BRANCH 178 FINANCIAL CHALLENGES
THAT Municipal Staff, during the next term of Council, work together with the Royal
Canadian Legion Branch 178, to assist, where possible, with their future financial
challenges.
18. TENDER CL2009-41 FUEL TANK REQUIREMENTS AT VARIOUS LOCATIONS -
SOIL REMEDIATION UPDATE
THAT the recommendations contained in the Confidential Report COD-049-10,
regarding the Tender CL2009-41 Fuel Tank Requirements at Various Locations -
Soil Remediation Update, be approved.
19. (1) OMB APPEAL FILED BY BROOKFIELD HOMES (ONTARIO) LIMITED,
BUILDING INDUSTRY & LAND DEVELOPMENT ASSOCIATION, SMOOTH
RUN DEVELOPMENTS INC., PLAYER BUSINESS PARK LTD. AND WEST
DIAMOND PROPERTIES INC. AGAINST DEVELOPMENT CHARGES
BY-LAW-2010-058
(2) OMB DECISION DATED SEPTEMBER 3, 2010
(RE: ORANGEVILLE'S DEVELOPMENT CHARGE BY-LAW)
THAT Report LGL-006-10 be received; and
THAT, if the Divisional Court grants the Town of Orangeville leave to appeal the
OMB decision respecting its Development Charge By-law, the Municipality seek .
leave to intervene as an added party in the appeal.
Staff Report. # 1
Cl~'1~1 11 REPORT
CLERK'S DEPARTMENT
Meeting: COUNCIL
Date: October 4, 2010. Resolution#: By-law#: N/A
Report: CLD-030-10 File#:
Subiect: FEES FOR LOT MAINTENANCE
RECOMMENDATIONS:
It is respectfully recommended that Council adopt the following:
1. THAT Report CLD-030-10 be received for information.
Submitted by:
Reviewed by:
rrie, CMO ranklin Wu,
unicipal Clerk Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-030-10
BACKGROUND
PAGE 2
At the regular meeting of the General Purpose and Administration Committee held on
September 27, the Committee passed Resolution GPA- 495-10 regarding the fees
charged to a properly owner for the cleanup of their property, as follows:
"THAT the delegation of Jason DiMalta, regarding an invoice for cutting of long
grass and weeds, be referred to staff, and
THAT staff report back to Council on October 4, 2010, on the details of the costs of
Mr. DiMalta's invoice for cutting of long grass and weeds, to ensure that the
invoice was in line with the Municipality's policies."
Section 2 of the Lot Maintenance By-law 2003-046 states that every owner or occupant
of property within the Municipality must keep their property clean and clear of long grass
and weeds. For the purposes of the by-law, "long grass" is defined as grass which
exceeds 20 cm in height.
OCCURRENCE
On July 15, 2010, staff received a complaint about the condition of the property at
1414 Nash Road in Courtice. This is a vacant property which was boarded up in
compliance with a Municipal Property Standards Order in 2006. The property has been
vacant since that time.
On July 19 the property was inspected and the grass was found to be over the
permitted maximum height. At that time, a Notice was affixed to the front door of the
house as is required in the by-law (see Attachment No. 1). A compliance deadline was
set at July 23.
On July 26 the property was re-inspected. There was no apparent work to bring the
property into compliance. As part of the investigative process the officer took photos of
the property at that time (see Attachment No. 2). The municipal contractor was called
and asked to attend and cut the grass.
RC Brown, who has been the successful bidder for the grass cutting contract for several
years, attended the property on July 30 in order to clear it.
REPORT NO.: CLD-030-10
PAGE 3
DETAILS OF INVOICE
The invoice which the property owner received represents the direct costs incurred by
the Municipality for the work done to bring the property into compliance.
On the day of the cleanup, the grass measured approximately 40 cm in height with
some of the weeds extending to over 90 cm. The lot is approximately 65 metres in
depth and 22 metres wide. There are six large trees on the property which at that time
had lost branches and limbs.
The cleanup lasted from 10:00 am until 1:30 pm. The cleanup crew consisted of three
people; total time on site was 3.5 hours, with 1.25 hours included for the float fee, thus
the time reflected on the invoice is 11.75 hours (3 people x 3.5 hours + 1.25 hours).
There were two vehicles with trailers on site which included a 4.4 cubic yard trailer for
removing the resulting debris.
The actual operation consisted of one employee clearing the lot with a riding bush-hog
doing the initial cut while a second person raked up the long grass and weeds. This left
a rough, uneven appearance with patches of grass that had only been pushed down by
the vehicles wheels and not cut. This would have sufficed for an open field but not for a
yard in a residential neighbourhood.
Once the grass and weeds were reduced to a manageable height the process was
repeated with a gas powered push mower and that debris was raked up.
In the meantime, the third person removed the fallen limbs and branches and used the
weed-eater to trim the overgrown patio at the northeast corner of the house, the area
around the house foundation and garden shrubs, the east side of the house adjacent to
the neighbour's driveway and curbing and around the remaining stump of a tree in the
front yard which stuck out of the ground approximately 12 cm.
When the crew left the site, the 4.4 cubic yard trailer was full of grass, weeds, wood and
general debris which was then taken to the land fill site and disposed of.
It is Staff's opinion that the contractor operated in good faith and in compliance with the
requirements of his contract. He has already been paid for his services. If any
adjustment in the invoice is to be made, the Municipality will have to recover the costs
incurred from municipal funds.
Neighbouring property owners have indicated their satisfaction with the job done to
clean the property and staff are of the opinion that the cost incurred is justified given the
amount of work needed to clean up the lot.
REPORTNO.: CLD-030-10 PAGE 4
COUNCIL'S OPTIONS
At this point Council has two options. It is within their discretion to:
1. Cancel the Invoice in part or in its entirety; or
2. Confirm the Invoice and require the property owner to pay the outstanding
amount.
Attachment(s):
Attachment 1 -Photos of notice affixed to front door
Attachment 2 -Photos taken during investigation
Interested parties to be advised of Council's decision:
Jason DiMalta
Attachment No. 1 to
Report CLD-030-10
Attachment No. 2 to
Report CLD-030-10
SUMMARY OF BY-LAWS
October 4, 2010
BY-LAWS
2010-120 Being a by-law to stop up and close as a public highway portions of
road allowance and to authorize the conveyance of Parts 1 and 2 on
Registered Plan 40R-25751 to Simon Tonkinson and Tracy Louise
Tonkinson (Approved by Council on April 7, 2008)
2010-121 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the former Corporation of the Town of Newcastle ((West
Diamond Properties Inc., Players Business Park Ltd. and 1613881
Ontario Ltd.) (I.tem 2 of Report #1)
2010-122 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Brookfield Homes (Ontario) Limited) (Item 3 of Report #1)
2010-123 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Kelly
Adams) (Item 4 of Report #1)
2010-124 Being a By-law to adopt Amendment No. 78 to the Caarington
Official Plan (Item 5 of Report #1)
2010-125 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle(Michael
Ricciuto, Heather Ricciuto, Antonio Ricciuto, Isoline Ricciuto, Gina
Stone & Russell Stone) (Item 5 of Report #1)
2010-126 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Prestonvale Developments Inc.) (Item 6 of Report #1)
2010-127 Being. a By-law to amend By-law 87-15, being the Heritage
Designation of Orono Town Hall (Item 7 of Report #1)
2010-128 Being a By-law to provide an exemption from property taxation
(excluding local improvements and education taxes) to Branch 178
of the Royal Canadian Legion for the property taxation years 2010
to 2020, commencing January 1, 2010 and to repeal By-law
2001-044 (Item 13 of Report #1)
2010-129 Being a By-law to amend By-law 2010-047 to allow for the transfer
to 2055979 Ontario Inc.. of lands more particularly described as
Parts 2 and 4 on Plan 40R-25845, Part Lot 30, Concession 3,
former Township of Darlington,, 182 and 190 George Reynolds
Drive, Courtice (Item 14 of Report #1)
2010-130 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Municipality of Clarington) (Item 15 of. Report #1)
2010-131 Being a By-law to amend Zoning By-law 84-63 of the Corporation of
the Municipality of Clarington (FCHT (Ontario) Holdings Corporation
(Item 2 of Unfinished Business)
2010-132 Being a By-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Deepak Asrani)
HANDOUTS/CIRCULATIONS
COUNCIL
•
~~ ~~ MEIIII~
• Leading the PVay ~ .
CLERK'S DEPARTMENT
To: Mayor Abernethy and .Members of Caunci
From: Patti L. Barrie, Municipal Clerk
Dafe: October 1, 2010
Subject: COUNCIL AGENDA -OCTOBER 4, 2010
Please be advised of the following regarding Monday`s meeting:
PRESENTATIONS
c) Master Corporal Mathew Scheepers and Corporal Joshua Potter, Ontario
Regiment Armoured Reconnaissarice will also be in attendance regarding
Presentation (c) -Support Our Troops Banners
d) Councillor Charlie Trim -Recognition of 13 Years Service to the
Municipality of Clarington .
DELEGATIONS
See final list of Delegations attached.
CORRESPONDENCE
Receive for Information
I - 13 Jim Chan, Project Manager, Canadian Environmental Assessment Agency
forwarding a summary of the comprehensive study process steps and timelines for
input regarding the public comment period on the draft Comprehensive Study
report for the proposed 407 East Transportation Corridor project. A draft report will
be available on the project website at www.407eastea.com and further information
on the comprehensive study process is available at www.ceaa.gc.ca.
CORPORATION OF THE MUNICIPALITY OF CLAR[NGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LTC 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO
Receive for Direction
PAGE 2
D - 6 ,iessica Lee-Bearss, Development Coordinator, Toronto District, Crohn's and
Colitis Foundation of Canada, advising the month of November has been
officially designated Crohn's and. Colitis Awareness Month for Canada by the
Federal Minister of Health in 2006 in an effort to advance public understanding
of the urgency of finding a cure for Crohn`s disease and ulcerative colitis; and,
requesting that the Mayor provide a letter of support for local and national
based initiatives and that November, 2010 be proclaimed as "Crohn's and
Colitis Awareness Month" in Clarington.
(Motion to Proclaim) -
D - 7 .Bruce Gilbert, Pyrotechnic Supervisor, requesting approval to permit a
freworks display at Bloomfield Farms on October 16, 2010, for a private
function; indicating the fireworks show will start after 9:00 p.m. and will be set
.off in a field on the Bloomfield Farms' property and-that as a licensed
Pyrotechnic Supervisor, he will ensure that all necessary precautions and
- regulations are met and that the products are purchased from a reputable
supplier. ~ ~ _
(Motion fo approve an exemption to the
Fireworks By-Eaw}
D - 8 Ronald Richards, President, R. G. Richards & Associates, acknowledging that
much discussion was held at the General Purpose and Administration
Committee meeting of September 27, 2090, regarding Report PSD-108-10 -
Application for Removal of Holding SymbaI.FCHT (Ontario) Holdings Corp.
regarding the prospect of the Royal Bank relocating from its current location;
stating there was no discussion on why the Holding symbol was put in place;
quoting Report PSD-108-~ 0 in which the Zoning Bylaw states that a Holding
symbol may be removed once Council is satisfied that the lands and proposed
uses will be adequately protected firom any physical or man-made hazard or
conditions associated with the lands; and, that as these conditions have been
met, urging Council to ratify the by-law.
(Motion to advise of actions taken with respect
to Report PSD-108-10 -- Item 2 of Unfinished
Business)
D - 9 Mason Coulas expressing concern with the proposed rezoning of 680
Longworth Avenue from residential to commercial uses to permit the
CLERK'S DEPARTMENT MEMO
PAGE 3
development of a food store; forwarding a photograph showing the view of the
site from his residence which will be directly impacted; stating that he is
against the typical commercial box stores with large parking lots; hoping the
development will be inviting for people and blend well with the neighbourhood
and include appropriate mature landscaping, green space, focus on walking
and bicycling and high quality Hove! shops, if approved.
{Motion to refer correspondence to the Director
of Planning Services)
D - 10 Marilyn Pearce, Mayor, Township of Scugog, vVriting to the Honourable Bev
Oda, Minister of International Cooperation requesting the Minister to
investigate expanding the Community Futures Development
Corporation{CFDC} coverage for the rural municipalities-of Scugog, Uxbridge
_ and Clarington in Durham Region; indicating that CFDC will be ins#rumentaf in
supporting sustainable communities within Durham rural municipalities by
providing assistance in developing sustainable communities through increased
availability of financial services, business counselling and support for
community economic development activities and by encouraging and
providing regional and cross community collaboration between the rural. -
municipalities. ~ ~ "
(Motion for Direction)
UNFINISHED BUSINESS
1. Attached is Report PSD-111-10 -Proposed Official Plan and Zoning By-law
Amendment to Permit the Development of a Free Standing Food Store of
2.829M2 and a 2"d Building of 783M2 for RetaillService Commercial Uses
(1804603 Ontario Inc.) (Report PSD-095-10 Tabled by Council on September
20, 2010} (A hard-copy of the Report has been delivered to the offices of
the Mayor and Members of Council)
2. Attached is Addendum to Report PSD-108-10 -Removal of a Holding Symbol
T ntario) Holdings Corporation) (Tabled from General Purpose and
Pidminis ation Committee September 27; 2010) (A hard-copy of the Report
has n delivered to the offices of the Mayor and Members of Council)
Patti L. Barrie, CMO
Municipal Clerk
Pf_B/cf
Attachment
cc; Frank Wu, Chief Administrative Officer
Department Heads
DRAFT LIST OF DELEGATIONS
October 4, 2Q10
a) Sher Leetooze -Land for Garden Allotments (Correspondence Item D - 5}.
b} Jeariy Barret#, President, Newcastle Horticultural Society -Presentation of
Newcastle Community Hall Heritage Garden Project Concept Plan (Item 9 of
Report #1)
c) Ron Richards -Report PSD-111-10 -Proposed Official Plan and Zoning
By-law Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2 and a 2"d Building of 783M2for RetaillService Commercial Uses
(1804603 Ontario Inc.} (Item 1 of Unfinished Business) .
d) Steven O'Melia -Report PSD-111-10 -Proposed Official Plan and Zoning
By-la-rv Amendment to Permit the Development of a Free Standing Food Store
of 2.829M2and a 2"d Building of 783M2for RetaillService Commercial Uses
(1804603 Ontario Inc.) {Item 1 of Unfinished Business)
e) Ron Richards -Addendum to Report PSD-108-10 -Removal of a Holding
Symbol (FCHT (Ontario) Holdings Corporation) (item 2 of Unfinished Business}
f} Hannu Halminen -Report PSD-1'[1-10 --Proposed Official Plan and Zaning
By-law Amendment to Permit the Development of a Free Standing Foad Store
of 2.829M2 and a 2"d Building of 783M2for RetaillService Commercial Uses.
(1804603 On#ario Inc.) (Item 1 of Unfinished Business)
UNFINISHED BUSINESS #~
•
~~~
.Leading 1lie Wuy
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: October 4, 2010 Resolution #: By-law. #: NIA
Report #: PSD-111-10 File #: COPA 2010-0004, '
ZBA 2010-0022
Subject: PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO
PERMIT THE DEVELOPMENT OF A FREE STANDING FOOD STORE OF
2,829M2 AND A 2~° BUILDING OF 783M2 FOR RETAILISERVICE
COMMERCIAL USES
APPLICANT: 1804603 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended to Council:
1. THAT Report PSD-111-10 be received;
2. THAT COPA 2010-0004, the Official Plan Amendment for a Neighbourhood Centre
located on the northeast corner of Longworth Avenue and Scugog Street, Attachment 6
to Report PSD-111-10 be approved;
3. THAT an open house with the residents to address urban design issues, in a format that
includes a presentation, discussion of alternatives and cluestionlanswer session be
held; -
4. THAT the zoning and site applications submitted by 1804603 Ontario Inc. continue to be
processed by staff and that a further report be prepared following the open house; and
5. THAT the interested parties listed in Report PSD-111-10 and any delegations be
advised of CounciPs decision:
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-111-10
PAGE 2
Submitted by: ~i Reviewed
y Langmai FCSLA, MCIP
cting Director of Planning Services
by. ~J ~-t_.
ranklin Wu,
Chief Administrative Officer
DJIFLIdflsn
1 October 2010
REPORT NO.: PSD-171-10
PAGE 3
1.D APPLICATION DETAILS
1.1 Applicant: 1804603 Ontario Inc.
1.2 Official Plan: To remove the Medium Density Residential symbol within the
Urban Residential Area and replace it with a Neighbourhood Centre
symbol, to permit the development of a free standing food store of
2,829m2 and a 2"d building of 783mZ for retaillservice commercial
uses.
1.3 Rezoning: To change the zoning from Holding -Urban Residential Type Three
Exception ((H) R3-25) to an appropriate zone to permit the proposed
development, and to implement the Official Plan Amendment.
1.4 Location: 680 Longworth Avenue, located on the northeast corner of
Longworth Avenue and Scugog Street, Bowmanville.
1.5 Site Area: 1.43 Hectare (3.53 Acres)
2.0 BACKGROUND
2.1 On August 4, 2010, the applications submitted by 1804603 Ontario Enc. for an Official
Plan and Zoning By-law amendment for a parcel on the northeast corner of Longworth
Avenue and Scugog Street, Bowmanville, to permit the development for retaillservice
commercial uses were deemed complete.
2.2 The applicant also submitted the following background studies in support of
development application:
• Planning Rationale Report, prepared by R.G. Richards & Associates;
• Supermarket Impact Analysis, prepared.by UrbanMetrics Inc.;
• Traffic Study, prepared by HDR Corporation; and
• Noise Impact Study, prepared by Swallow Acoustic Consultants Ltd.
Further discussion regarding the above listed studies is contained in section 8.0 of this
report.
2.3 At the statutory Public Meeting on September 13, 2010, the General Purpose &
Administration Committee received the staff report and requested that a report be
brought back to the September 27~~' GPA meeting. This resolution was subsequently
amended~at the Council meeting to allow the comments from the September 23rd open
house and staff report to go directly to Council on October 4t", 2010.
REPORT NO.: PSD-9'11-10
PAGE 4
2.4 A letter and an a-mai! objecting to the development proposal were received prior to the
Public Meeting. Three citizens spoke in opposition to the application at the Public
Meeting and 11 written submissions were referred to Planning Services Staff to form
part of the review. A number of concerns from residents were also submitted to
Planning Staff after the Public Meeting. A discussion of the public submissions and
concerns are contained in Section 4.0 of Report PSD-111-10.
2.5 An agent of the applicant made a verbal presentation at the Public Meeting which
included a summary on the background of the application, its merits and responded to
some of the concerns expressed by the public.
2.6 At the request of Council the applicant agreed to host an open house with residents
This meeting took place on Thursday, September 23, 2010 at St. Stephen Catholic
Secondary School.
2.7 ]t is important to note that this site was the subject of an Official Plan amendment and.
rezoning application in 2003, the planning process of which was concluded through
OMB order 0764 on April 1, 2005. Through the OMB decision, the site was re-
designated from "Local Central Area" (now called "Neighbourhood Centre") to "Medium
Density Residential" for the development of 57 medium density residential units, and
rezoned from "General Commercial (C 1)" zone to "Urban Residential Exception (R3-
25)" zone. This OMB decision was connected with and related to the Official Plan
comprehensive Commercial Policy Review finalized in 2005. Part of the planning
analysis for this application considers the site's planning history within the context of the
Commercial Policy Review.
3.0 . SITE CHARACTERISTICS AND SURROUNDING LAND USES
3.1 The site is vacant and has been used as a staging area for other adjacent
developments, it is roughly graded.
3.2 The site is bounded by two roads. Running along the western edge of the site is
Scugog Street, a Type C Arterial road that among other things serves as a main linkage
between Downtown Bowmanville and the residential areas in the north-western part of
Bowmanville. To the south, the site is bounded by Longworth Avenue, also a Type C
Arterial road that serves as an important east-west finking to Regional Road 57 from all
the residential neighbourhoods north of the CP rail way line.
REPORT N4.; PSD-111-10
PAGE 5
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Photo ~1: Northward view of application site (13181210)
3.3 Surroundin land uses:
North and East: A low density residential neighbourhood consisting of semi-
detached 2 storey residential dwellings (link-homes). The
backyards of these houses face the application site. There is a 6 ft.
privacy fence along the rear lot boundaries facing the application
- site.
South: Across Longworth Avenue, vacant lands set aside for medium
density residential purposes, in terms of the Official Plan.
West: Across Scugog Street, single detached dwellings on relatively large
residential lots between 510mx and 1100m 2 in size, with frontages
ranging between 28 metres to 35 metres. These dwellings are set
back between 7.5 meters and 15 meters from the Scugog Street
- road allowance.
REPORT NO.: PSD-111-10
,~ ,
4.0 PUBLIC NOTICE AND SUBMISSIONS
PAGE 6
4.1 Public notice of the Statutory Meeting held on September 13{h, 2010, was given by mail
to each property owner within 120 metres of the subject property and two public
meeting notices were installed on the property. Notice was also posted on the
municipal website, and supporting documents are also available on the municipal
website.
4.2 Notice was placed in the local newspaper on August 25, 2010 and September 1, 2014,
in view of the potential impact of the re-designation of this site within the broader
context of the Commercial Policy Review.
4.3 It was established during the statutory notification period that a small number of
property owners (7 in total) did not receive the notification (due to a technical omission}.
Staff immediately delivered notices in person to each of the affected land owners.
4.4 The following is a summary of the three delegates that spoke in opposition to the
development proposal at the public meeting held on September 13, 2010.
4.4.1 Erik Petersen, a local resident, stated that he is strongly opposed to this application and
submitted the following points of objectionlconcern:
Photo 2:
View of residential properties to the west, backing onto Scugog Street (131812010)
REPORT NO.: PSD-1.11-10
PAGE 7
• The development proposal is detrimental to the neighbourhood and does not
comply with the neighbourhood centre requirements: a neighbourhood centre is a
. gathering place and he does not believe that a supermarket parking lot is the
ideal "social gathering place". He .stated that, in discussion with neighbours, they
feel that they need a neighbourhood centre which includes a gathering place,
small local business, but not a large supermarket;
• There is no mention of where the current proposed 57 residential units will be
relocated if this new proposal is approved;
• Concern over traffic impact, as Longworth Avenue and Scugog Street are not
designed for through-traffic;
• The UrbanMetrics report states that the site might be viable, but it also notes that
there are other locations with neighbourhood centre designations that are also
viable and may be better sites;
• Concern over the 25 fit. wall which is proposed along the street edge, which does
not encourage pedestrian traffic and will cause noise problems (with noise
bouncing off the wall}. He believes the sound levels will double if this
development is allowed to proceed;
• He expressed the opinion that this proposal will decrease the adjacent residential
properties' desirability;. and, _
• The developer's planning rationale report contains out-of-date maps and photos
which do not reflect the residential development which has taken place in the
past five years.
4.4.2 Tom Keen, a local resident, stated that he is not opposed to the project in general, but
rather the additional traffic that will impact the new, yet to open school. As residents,
he does not believe that they have been made aware of the traffic impact.
4.4.3 Andrew Wray, a local resident, noted that the proposal states that Bowmanville has
roughly 9'f ,000 people. Fie believes this figure as being the Clarington population, not
Bowmanville, and therefore there is not a need for another grocery store at this
location, He also expressed concerned about the impact of the traffic on the local
students and stated that he would prefer townhouses on the property. He noted that, if
this property is rezoned to accommodate the development proposal, there would be a
possibility that the vacant property on the south side of Longworth could also be
rezoned for a similar use. .
4.5 A total of 26 written objections were received. A summary of the written objections and
the above 3 oral submissions and Staff's response thereto, are contained in Table 1 in
Attachment 2.
It is important to recognize that 23 of the objectors used a form letter, some attached or
added additional comments in the allotted space. The significance of this is that a
number of objectors do not live immediately adjacent or close to the application site, so
there are certain points in the objection form e.g. "the view from my home will be
enormously, detrimentally impacted" that are not relevant to some objector's properties.
Table 1 (Attachment 2) lists the concerns, the merits of the argument and how they are
being addressed.
REPORT NO.: PSD-1'11-1 a
PAGE 8
4.6 Ronald Richards, agent of the applicant, 1804603 Ontario Limited made a verbal
presentation at the General Purpose and Administration Committee meeting. He noted
that the company has extensive experience as a developer of neighbourhood centres.
He stated that there is a large supermarket tenant who has signed on to be the anchor
. for this project. He noted that the Supermarket Impact Study shows that there is
adequate market to sustain the proposed development.
Mr. Richards stated that he is aware of the concerns of the focal residents. He
addressed concerns about noise by indicating that mitigating measures recommended
by the Noise Impact Study could be addressed as part of the site plan (e.g. noise barrier
walls on the roof and on the property boundary). Mr. Richards noted that a traffic study
has been completed by the developer and that his client believes that there will be
reduced pollution because this centre is closer to the residents than other centres in
terms of travel. He added that it has been his client's experience that residents wi11 walk
to neighbourhood centres.
Mr. Richards mentioned that his client has had follow-up meetings with Planning Staff to
discuss the site concept and elevations and his client is now looking at providing a local
gathering space in the development. He indicated that his client will continue to work
with Planning Staff regarding "animating the frontage". He addressed the concerns
regarding the need for another grocery store, by referring to the findings of the
Supermarket Impac# Study and stating that people will still continue to shop, just closer
to home. Mr. Richards noted that the proposal of a 30,000 sq. ft. stare is the smallest
footprint for a grocery store that this national chain builds. He stated that the use of the
out-of--date Google maps was in noway intended to mislead or ignore the existing
residential properties.
Mr. Richards concluded by asking that the application be brought forward for
consideration at the first available Council meeting and stated that his client will
endeavour to meet with the residents in a .timely manner to discuss their concerns with
the development proposal.
4.7 The Open House hosted by the developer and attended by Staff is discussed in Section
10 of Report PSD-111-10. In addition, the developer has recorded the commenfs
received and indicated how the developer intents to address them in Table 2,
Attachment 3.
5.fl PROVINCIAL POLfCY
5.1 Provincial Policy Statement~P~
The PPS includes policies on key issues that-affect our communities, such as efficient
use of land and infrastructure and ensuring appropriate opportunities for empioyrnent
and residential development, including support for mixed use development.
REPORT NO.: PSD-719-10
PAGE 9
The Planning Rationale Report submitted by the applicant contains an explanation of
how this development proposal is consistent with the PPS. Staff generally agree with
the applicant's assessment however, Council should be aware that transportation and
land use considerations are to be integrated at all stages of the planning process. The
Traffic Impact Study and jts analysis are subject to ongoing review by Planning and
Engineering Staff to ensure conformity with the PPS. The desirability of the proposed
land- use at this location cannot be separated from the traffic impact and functioning of
the road network in the area.
5.2 The Growth Plan for the Greater Golden Horseshoe
The planning rationale report contains an explanation of how this development proposal
conforms to the Growth Plan. The application is within the designated greenfield area,
which is a result of the unique me#hodology the Province employed in the delineation of
the built boundary.
In addition to the applicant's discussion, Staff are cognizant of a key growth
management policy (Section 2.2.7 -Designated Greenfield Areas) in the Growth Plan,
which stipulates that the designated greenfield area of each upper or single-tier
municipality will be planned to achieve a minimum density target that is not less than 50
residents and jobs combined per hectare; and this density target will be measured
across the entire upper orsingle-tier municipality. One of the objectives of this target is
to promote the creation of employment opportunities closer to places of residence,
which would reduce live-work trips and contribute towards the concept of "complete
communities". The complexity in measuring the performance of this application against
this policy lies in the fact that this vacant parcel is a very small part of the designated
greenfield area across all of Durham Region. However, the development of the
proposed commercial uses on this site implies the creation of local jobs in close
proximity to living areas, which would contribute towards a more balanced job to
resident ratio within the greenfield area in Bowmanville.
The Growth Plan also contains the following policies for managing growth, which sets
the broader provincial policy framework for the consideration of this particular
development application. .
Population and employment growth will be accommodated by:
• Building compact, transit supportive communities in designated greenfield areas;
• Reducing dependence on the automobile through the development of mixed-use,
transit-supportive, pedestrian friendly urban environments;
• Providing convenient access to infra and inter-city transit; and
Encouraging cities and towns to develop as complete communities with a diverse
mix of land uses, range of and mix of employment and housing types, high
quality public open space and easy access to local stores and services.
REPORT NO.: PSD-171-10
PAGE '! 0
The proposed neighbourhood centre should make provisions for the introduction of a
mixed use development or a residential component in support of the Growth Pfan
policies noted above.
The application for an Official Plan amendment conforms to the Growth Pian. The
specifics of how it will meet the criteria noted above will be addressed by the
implementing Zoning By-law. '
6.0 OFFICIAL' PLANS
6.1 Durham Re_ Tonal Official Plan (R
6.1.1 The ROP designates the lands "Living Area" which is intended predominantly far
housing purposes. In addition to permitting other uses such as convenience stores,
limited office development and retailing of goods and services subject to certain
conditions, the ROP also permits the designation of Local Centres (of which
Neighbourhood Centres is a subcategory} in Living Areas, subject to the following
criteria:
Neighbourhood Centres shall be planned and developed similar to, but generally
smaller in scale than Community Centres, and shall serve the day-to-day needs
of the residents of the surrounding neighbourhood.
The Council of the Regional Municipality shall determine if there is a regional
interest in accordance with policy 8,3.9 (Any commercial proposal that would
have the potential to negatively impact the planned function of a Regional
Centre). Where there is a regional interest, a retail impact study shall be
required to justify such designation and ensure that the proposal does not unduly
affect the planned function and viability of any other centre.
Furthermore, in regard to development applications in Living Areas, the ROP stipulates
that regard shall be given to:
The promotion of compact urban form, including intensive residential, office, retail
and service and mixed uses along arterial roads and in conjunction with present
and potential transit facilities; and,
The use of good urban design principles with particular emphasis on internal
#raffic circulation, restricted access to arterial roads, attenuation of noise and
orientation and design of buildings to maximize direct sunlight exposure.
As far as meeting the above-listed criteria.in the ROP, the applicant has submitted a
supermarket impact analysis, traffic study report and noise study report in support. of the
application. This methodology is consistent with the direction in the ROP. These
technical reports have been circulated to the Region for review.
REPORT NO.: PSD-11'1-10
PAGE 11
Accordingly, a Neighbourhood Centre development can be permitted in the Living Area
designation in the ROP, provided that the above criteria are satisfactorily met. This
forms part of the further planning analysis by Planning Staff and can be addressed
through specific requirements within the zoning applica#ion. The Regional Planning
Department has deemed that a Regional Official Plan amendment is not necessary.
6.2 Clarington Official Plan (COP}
6.2.1 The subject lands are situated in the Knox Neighbourhood and the COP designates it
"Urban Residential" with a "Medium Density Residential" symbol. The predominant use
within this designation shall be housing and other uses may be permitted which, by
nature of their activity, scale and design are supportive of, compatible with and serve
residential uses. These include corner stores, home based occupations, parks, schools
.and community facilities, The current COP designation does not permit the commercial.
development proposed,.thus the proposed Official Plan amendment by the applicant.
6.2.2 The COP also contains certain core principles which set the basis for the consideration
of all development applications in Clarington, of which the following are most relevant:
(Staff comments are noted in italics) _
• Future development will contribute to the reduction of per capita energy
consumption. (In fhe evenf of Council approval, Staff will seek fhe introduction of
susfainable development concepts e.g. LEED certification, more permeable
surfaces, efc. through the life plan process);
• Opportunities and services will be provided for employment, learning, culture,
recreation and emotional, physical and social well-being. opportunities (The
development proposal appears fa partially complement this principle in fhat
pofenfial opportunities for employment and services maybe created};
• ~ A competitive, adaptable economic environment will be promoted to encourage
investment and diversity of employment opportunities (The development
proposal appears to complement this principle in that it could patenfially
encourage investment and diversify our employment base);
• The participation of all residents will be encouraged in the process of decision
making and community building which affect their lives (This development
proposal has been publicized fhrough legal notices in fhe mail, the local
newspaper, and fhe municipal websife);
• Excellence in urban design will be pursued to contribute to a sense of place,
ensure physical safety, promote social interaction and enjoyment, provide human
scale to the urban environment and promote the integration of land uses (The
locafion and surrounding context of fhis site require careful consideration of the
urban design elemenfs associated with fhe developmenf proposal, The .
preliminary elevation drawings submitted by the applicant do not complement fhis
principle -- fhis is further elaborated on in Section 90.0 of this report); and,
• Compact urban form will be achieved with an emphasis on infill and
redevelopment, higher densities and a mix of uses. (Although this site is not
within the built boundary as defined by fhe Provincial Growth Plan, it is within the
urban area and technically an infill site. As a commercial site with a large anchor
REPORT NO.: PSD-111-10 PAGE 12
store, it does not complement fhe principles of compact urban form and higher
densify. However, wifhin the context of the neighbourhood it could be
complementary to Phis principle by adding to the mix of uses).
6.2.3 The COP contains design guidelines to be considered #or Neighbourhood Centres. The
applicant's planning rationale report contains a discussion on how the develapment
proposal conformslin#ends to conform to these policies. The development proposal
conforms to the Official Plan, with regard to the maximum floor space in that the
proposal is [ess than 5000mz, has a proposed floor space index that is less than the
limit of 0.3 f.s.i. and the size of smaller stores is [ess than 500mz.
However, "Neighbourhood Centres" must also meet the relevant urban design
principles. Staff provided comment to the applicant that the elevations submitted do not
implement the urban design guidelines in the Official Plan or complement the character
of the surrounding residential development. Of particular concern are the large
expansive blank walls along Longworth and Scugog Streets and the lack of public realm
and amenities. Amore detailed discussion on these matters is contained in Section
10.0.
6.2.4 As noted in Section 2.7 of this Report, this site was the subject of an Official Plan
amendment and rezoning application which was concluded through an OMB decision in
April 2005. The lands were re-designated from "Coca[ Central Area" to "Medium Density
Residential" in the Official Plan and rezoned from "General Commercia[ (C1)" zone to
"Urban Residential Exception (R3-25)" zone. The OMB decision included specific urban
design principles to be considered in the development of the site. This issue is
explained in detail in Section 10.
6.2.5 In view of the fairly recent conclusion to the Commercial Policy Review and the OMB
decision, Staff requested the submission of a supermarket impact analysis. The
analysis examines the. market for additional supermarket space in Bowmanville and the
potential impact of an additional neighbourhood centre in this location within the broader
context of the commercia[ structure of the community. The conclusions of the study are
discussed.in Section 8.3 of the Report.
7.0 ZON[NG BY-LAW
7.1 The property is in the "Holding -Urban Residential Exception (R3-25)" Zone which does
not permit the proposed food store of 2,829m2 and a 2~'~ building of 783mZ for
retail/service commercial purposes. In order to permit the proposed development a
rezoning application was submitted for consideration.
7.2 At this time, the detailed design development, internal traffic and pedestrian routes have
not progressed to a stage where the zoning can be recommended. The zoning
amendment will include the necessary specifics to ensure that the site when developed
wi[I address the issues/concerns raised.
REPORT NO.: PSD-171-10 PAGE 13
7.3 The residents of the neighbourhood have not had a fulsome explanation of the
alternative site layouts, the proposed streetscape, building massing and how the traffic
and- parking will flow. Many residents were disappointed by the open house as it did not
meet their expectations. Residents expected a presentation, discussion of alternatives
and question and answer session. Staff believe an additional open house that more
specifically meets with the expectations of the residents will assist the applicant in being
able to capture the neighbourhood character in the urban design of this site. Should
Council approve the Official Plan amendment, a subsequent report will be brought
forward when the specifics of the zoning and site plan have been addressed.
8.0 BACKGROUND STUDIES
8.1 The applicant submitted a Planning Rationale Report (prepared by R.G. Richards &
Associates), Supermarket Impact Analysis (prepared by UrbanMetrics fnc.}, Traffic
Study (prepared by HDR Corporation), and a Noise Impact Study (prepared by Swallow
Acoustic Consultants Ltd.}, to provide sufficient information and justification to enable
evaluation of the development application.
The applicant submitted addendum letters to the Planning Rationale Report, the Noise
Study and the Retail Development Traffic Study on September 29th and 30th, 2010, in
response to questions from Staff and residents' concerns expressed at the Open House
held on September 23, 2010.
8.2 The Planning Rationale Report
The Planning Rationale report sets out supporting arguments that. can be summarized
under the following points.
• The need is demonstrated by the conclusion of the Supermarket Impact Analysis
that the proposed development can be supported and would act to serve the
day-to-day retail and service needs of the immediate community. There is no
food store available to the immediate community in this part of Bowmanville.
The desirability is demonstrated by the following:
o The site's convenient location amidst a new and growing residential
communi#y;
o The site's location next to two arterial roads, which can accommodate
traffic flow and access to the site at an appropriate level of service, as
outlined. in the supporting Traffic Impact Study;
o The relationship of the site to the adjacent residential uses, which is
perceived as ideal far a neighbourhood centre development because the
town homes back on to the subject site and are separated from the site by
a Eft. wooden fence;
o The submission of a favourable Noise Impact Study and the commitment
to the required noise attenuation, landscaping and screening of garbage
pickup, loading and lighting requirements through the site plan process;
REPORT NO.: PSD-111-10
PAGE 14
o The proposed development's compliance with or conformity to Provincial
Policies, the Regional Official Plan and the Official Plan policies pertaining
to Neighbourhood Centres;
o The proposed development will utifze existing infrastructure and will
benefit from existing public transit services, which will reduce the length of
automobile trips to retail service areas outside this area;
o The conclusions of the Supermarket Impact Analysis supports the
establishment of this use at this location and implements the original
planned function for retail uses on this site; and
o The proponent referred to the submitted concep#ual site plan and
preliminary elevation drawings, detailing how the proposed development
would meet the relevant development. and urban design criteria in the-
Official Plan in order to maximize the quality of urban design and minimize
any .adverse impact on surrounding residential developments.
Staff comments: Staff is generally satisfied that fhe Planning Rationale Reporf
submifted by fhe applicant addressed most of the key aspects, except for the following:
• Defails regarding the actual fype of retail and service commercial uses proposed
in Building B were not discussed. An open ended statement That Building B
would accommodate typical neighbourhood centre. service retail uses that may
include but not be limited to personal service shops, financial insfitufions, retail
stores and banks was included. There is an array of uses within this broad
category of commercial uses including uses that may not be conducive to fhe
funcfioning of the site, that may create compatibility issues contrary to certain
commercial policies of Council, such as the limitation of banks outside downtown
Bowmanville;
• The neighbourhood character (haw the developmenf is planned fo fit info fhis
area) and details as to the justification for the loss of medium density housing
units in this location were not discussed.
• The long ferm use and evolution of fhis site was not addressed.
8.3 The Supermarket Impact Analysis
The Supermarket Impact Analysis, prepared by UrbanMetrics Inc., consists of the
following key components:
o A site and access evaluation, to evaluate the suitability of the site for the
proposed commercial development;
o Trade area delineation, which consisted of the definition of the trade area
for fhe proposed supermarket, establishing Market Dimensions ofi the
trade area which includes aspects such as population, per capita income,
and food store expenditures within the defined Trade Area;
o Competitive analysis, which included an updated inventory of all
supermarkets and specialty flood stores in Bowmanville and Clarington,
and major proposals for new competitive developments or expansions to
existing food stores have also been included;
REPORT NO.: PSD-111-10 PAGE 15
o A calculation of the future market opportunity for the proposed
supermarket and evaluation of the potential sales impact on existing
supermarkets in Clarington; and,
o An assessment of the development application in the context of the~2004
Commercial Policy Review for Clarington.
The key conclusions from the Supermarket Impact Analysis are as follows:
o Based on the market and impact analysis the development application as
proposed can be supported;
o The subject site would provide a focal point for the developing north
Bowmanville community and would provide for day-to-day retail and service
needs;
o Although there will be market impacts on the existing supermarkets in
Clarington with the addition of the subject site (with 1 St full year of operation
assumed in 2012), fhe sales impacts are not expected to critically affect the
planned function of any existing Town or Village Centre in Clarington.
Between 2014 and 2016, any sales impact with both Walmart and the subject
site added would dissipate with opportunities for more supermarket space
over the longer term .period up to 2031;
o A supermarket anchored development on the subject site could potentially
pre-empt andlor delay the development of one or mare of the two vacant
Neighbourhood Centre sites slang Concession Road 3 in north Bowmanville.
dram a market perspective, the designated Neighbourhood Centre at the
corner of Concession Road'3 and Regional Road 57 has better locational
characteristics for a supermarket anchored centre compared to the subject
site and the other vacant Neighbourhood Centre site on the southwest corner
of Means Avenue and Concession Road 3; and
o The subject site would not pre-empt the ability of the Bowmanville West Town
Centre, which has a regional service function, to build out as planned.
Staff comments: Staff is generally safisfied with the Supermarket Impact Analysis
submitted by UrbanMetrics. The firm assisted Clarington with its lasf comprehensive
Commercial Policy Review and with Corrmmercial Policy Review updates since then. The
analysis follows a clearmefhodical approach and provides sufficient evidence fo justify
fhe market opportunity for an additional grocery store in Bowmanville.
8.4 The Traffic Stud
The Traffic Study, prepared by HDR Corporation, consists of the following key
components:,
o An assessment of existing traffic conditions and operations in proximity to
the site; and
o An assessment of future background traffic conditions with and without the
proposed development to determine the net impact of the development,
as reflected an the submitted conceptual site plan.
REPORT NO.: PSD-111-10
PAGE 16
• The conclusions from the Traffic Study are as follows:
o The existirig roadway network can accommodate the additional traffic
expected to be generated from the proposed commercial development,
and roadway improvements are not required.
Staff comments: Engineering Services are satisfied thaf the traffic flows external to fhe
site have been addressed. Pedestrian use of the sidewalk and internal to the site, as
well as fhe internal Traffic layouf of fhe site, will be addressed through the zoning and
sife plan process.
$.5 The Noise Impact Stuff
The Noise Impact Study, prepared by Swallow Acoustic Consultants Ltd.,
consists of the following key components:
o Iden#ification of the Critical Noise Receptors;
o Determination of the sound level limits; and
o Identification of the Noise Sources, assessment of sound levels and noise.
.control recommendations, as per the submitted conceptual site plan.
The recommendations and conclusion of the Noise Impact Study are as follows:
The following noise control measures are to be implemented:
o Sound power levels of the rooftop mechanical equipment are not to
exceed the levels fisted in the-Table on Page 6 of the Noise Impact Study;
o A 2.4 m (8 ft.) high noise barrier along the east property line and north
property line, which terminates at the plane of the proposed retail building,
It can attenuate the sound level due to truck movement and truck idling
noise;
o A 3.7 m ('12 ft.) high noise barrier immediately east of the loading docks. It
can attenuate the sound level at the residential properties east of the
loading docks due to truck idling;
o A 2.4 m (8 ft.) high noise barrier east. of the compressor penthouse and
HVAC-1 along the east perimeter of the roof of the proposed supermarket.
The noise barrier returns at the north end and south end. In addition, a 2.4
m (8 ft.) high noise barrier north of the Source 5 condenser. They can
attenuate the sound level due to rooftop mechanical equipment for the
supermarket; and
o A 2.4 m (8 ft.) high noise barrier on the roof of the retail building at 2 m
north of the HVAC units and return at the east end. It can be one long
continuous noise barrier that shields all 7 HVAC units; or there can be one
shorter noise barrier for each HVAC unit. The noise barrier(s) can
attenuate the sound level due to rooftop HVAC units for the retail building.
REPORT NO.: PSD-111-10
PAGE 17
The consultant concluded that with the recommended noise control measures, the
sound level emanating from noise sources associated with the proposed commercial
development will meet the MOE sound level limits for commercial sites adjacent to
residential areas. From a noise aspect, the proposed commercial development at
680 Longworth Avenue, Clarington can be approved if the above measures are
taken.
Staff comments: There is sufficient information wifhin fhe noise study fo indicate fhaf
with appropriafe mitigation measures, such as noise barriers, fhe proposed commercial
development wi!! not impact fhe surrounding neighbourhood from a noise perspecfive.
However, the sife design has not been finalized. The Noise Study wil! have fo be
updated fo reflect the proposed built form when an agreed upon site plan has been
negofiated. The Region has requested a peer review of fhe Noise Study.
9.0 AGENCY COMMENTS
9.1 The Clarington Engineering Services Department has no objection in principle to this
proposal. Prior to final approval of the subject site plan, the applicant will be required to
satisfy the Engineering Services Department regarding traffic entrances, drainage,
noise attenuation and servicing.
9.2 The Central Lake Ontario Conservation Authority has no objections to the development
proposal and has stipulated certain requirements that have to be met prior to site plan
approval.
9.3 Most of the utility companies have responded and indicated no objection to the
development proposal. .
9.~4 The Regional Planning; Works and Transit Departments provided comments of which
the following are relevant to this stage of the planning process:
This proposal will maintain the planned fiunctions of the designated Regional
Centres in Bowmanvi[le, and conforms to the policies of the ROP.
Consideration shall be given to the design of the proposal in order to provide for
an urban form that supports various modes of transport, as per the policies of the
Provincial Growth Plan. It appears, from the preliminary site plan, that the public
entrances to the food store and the retaillcommercial building are over 100m and
200m away from the current bus stop respectively. These distances, when
compared to the proposed accesses provided for vehicular activity, diminish the
attractiveness of public transit for patrons to this proposal. It is suggested that
alternative building entrances and footprints be considered to improve access for
public transit users.
The municipality should ensure the Noise Study Report is verified by a third party
(e.g. peer review).
REPORT NO.: PSD-111-10
PAGE 98
The Official Plan amendment does not have significant Regional or Provincial
concerns, provided the above noted issues are addressed. In accordance with
Regional By-law 11-2000 the Official Plan amendment application is exempt from
Regional Approval. -
10.0 STAFF COMMENTS
10.9 Pfanning History of the Site
The Planning history of this site is significant to the consideration of this development
proposal. It provides an understanding of the planning methodology and rationale when
the Official Plan and zoning designation of the site where changed in 2005 through an
OMB decision. At that #ime, certain changes were made to the commercial structure of
the broader community -something that is now being. changed by this application.
The following points are a short description of the planning history of this site:
September 1989: The Council of the Former Town of Newcastle approved an Official
Plan amendment which included the introduction of a "Local CentraE Area" designation
on the northeast corner of Longworth Avenue and Scugog Street. Subsequently,
Council approved the rezoning of the site from "Agricultural" to "Holding -General
Commercial ((H)CI)" and passed the corresponding by-law. The purpose of the
application was to mainly permit a grocery store.
9996: Through the preparation- of the first comprehensive Official Plan, the Local Central
Area designation was expanded to also include a portion of the lands immediately south
of Longworth Avenue.
April, 2003: Staff received Official Plan and rezoning applications from Sernas
Associates on behalf of Halloway Holdings Limited and Towchester Developments
Limited for lands in north Bowmanville, which included the subject site as well as the
lands on the northwest and southwest carnets of Longworth Avenue and Liberty Street
North.
At that time the site in question was designated "Local Central Area" in the Official Plan
and zaned "General Commercial ~ ". The vacant lands on the southeast corner of
Longworth and Scugog Street also formed part of the "Local Central Area" designation,
but were already zoned for medium density residential purposes. The applicant
purposed to delete the "Local Central Area" designation and replace it with a "Medium
Density Residential" designation and to rezone the site to an appropriate zone to permit
the development of 57 townhouse units.
REPORT NO.: PSD-111=10
PAGE 19
The Official Plan amendment implied the removal of certain commercial targets that
were set for this particular Local Central Area at that time, namely retail floor space of a
maximum of 4500m2, maximum office floor space of 500m2; it also affected the medium
and high density housing targets for the Knox Neighbourhood.
To support the Change in designation a planning rationale report was prepared by the
applicant: Tf~e planning rationale focused mainly on the marketability of the site at that
time.. It indicated that the fiuture Local Central Area at the Longworth Avenue/Liberty
Street intersection could satisfy the local needs for commercial uses within the
neighbourhood context.
September 22, 2003: Report PSD-103-03 was submitted at the public meeting on
September 22, 2003 for this application. Public Meeting reports provide an explanation
of the application and the aspects to consider. The Municipality did not make a decision
on the applications within the prescribed time and the applicant appealed the
applications to the OMB.
September 7, 2004: Report PSD-104-04 was prepared in response to the appeal and
submitted to Council for consideration. In the report Staff informed Council that a
subsequent report was not forwarded to Council for a decision an the applications
because:
Council had authorized Staff to proceed with the Commercial
Policy Review and Staff felt that the removal and reduction of
Local Central Areas should be addressed in the context of the
comrrmercial policy review; and
The applicant had proposed to transfer commercial
development rights to lands in the Bowmanville West Main
Central Area. The transfer of the commercial development
rights from this site to the Bowmanville West Main Central Area
is not clearly articulated in the subsequen# OMB decision or the
Commercial Policy Review.
Council resolved that the OMB be requested to defer the application to redesignate the
lands in question from "Local Central Area" to "Medium Density Residential" until the
Municipality`s Commercial Policy Review had been completed.
January 31, 2005: Following settlement negotiations Report-PSD-018-05 was
submitted to Council for endorsement. The report recommended the proposed Official
Plan amendment deleting the Local Central Area designation and replacing the 5000 m2
~of retail and office floor space with a Medium Density Residential designation for the
development of approximately 57 medium density residential units on the subject site,
including the satisfactory resolution of certain urban design issues, such as the
requirement for the proposed townhouse units on the north side of Longworth Avenue to
be desigr;ed to face and front on the street as the preferred form of development and
provision of certain urban design elements.
REPORT NO.: PSD-111-10
PAGE 20
April 1, 2005: The OMB issued Order 0764 on April 1, 2005, approving the Minutes of
Settlement, the Official Pian amendment and rezoning to permit the development of 57
medium density residential units'on the mite.
10.2 UrbanMetrics, in their Supermarket Impact Study prepared for this application, included
comments that the medium density residential applica#ion could have been based an a
transfer of the retail permissions to another site in the Bowmanville West Town Centre.'
However, UrbanMetrics have recently confirmed that that this particular request was not
included in their analysis during the 2005 comprehensive Commercial Policy Review.
Given this information, there is no evidence that the removal of the commercial floor
space was transferred to Bowmanville West Town Centre. There was little evidence in
the 2005 decision of compelling planning reasons to change the hierarchy of the
commercial structure in Bowmanville. As such, returning the commercial designation
with appropriate restrictions will not negate the need for the other Neighbourhood
Centre locations in north Bowmanville as shown on Map A3 {Land Use) of the Official
Plan; however it could delay their development.
10.3 To re-introduce a "Neighbourhood Centre" (previously "Local Central Area") designation
and commercial zoning at this location requires not only market support, which is
illustrated by the Supermarket Impact Analysis, but also requires an examination of:
What developments occurred in the particular area since the re-designation of
the site 5 years ago.
What comprises a "Neighbourhood Centre". Does this site (and its surroundings}
have the"critical mass" to support the development of a "Neighbourhood Centre"
at this location as currently defined in the Official Plan.
10,2 Development in the Surrounding Area
10.2.1 In 2005, when the site {and a portion of the lands south of Longworth Avenue) were re-
designated from "Local Central Area" to "Medium Density Residential", the townhouses
on the north and east sides were already established and the lands across Scugog
Street were~vacant, the lot fabric to accommodate single detached dwellings had been
established through draft approval and registered plans of subdivision. Therefore, low
density residential development was contemplated for the lands immediately across
from the site that was designated as "Local Central Area" and zoned for commercial
purposes.
Today, the lands across Longworth Avenue and directly opposite the application site are
vacant and designated for medium density residential purposes. They are zoned to
permit !ow or medium density housing and places of worship. The lands on the
southwest corner of Longworth Avenue and Scugog Street have been integrated into
the adjacent Environmental Protection Zone, they were recently gradedlseeded and will
be a public park.
REPORT NO.: PSD-111-10
PAGE 21
10.2.2 Between 2005 and now, the plans of subdivision an the west side of Scugog Street,
immediately across from the site have been built out (Attachment 4}. The quality of
residential development is a result of factors such as geography (bigger and slightly
elevated lots), the cul-de-sac s#reet (no through traffic) and market trends.
In view of the style of residential development that occurred in the immediate area
during the past 5 years, will commercial development on this site be compatible with the
character of the area? This question is significant since many of the residents'
concerns pertain to the compatibility and suitability of the proposed development in this
area. To answer this question an understanding of the character of this neighbourhaad
and, what a "Neighbourhood Cen#re" means is required.
10.3 Character of the Neighbourhood
The character of a neighbourhood is defined mainly by the interaction between:
• Residents (families/singles, younglold, their preferenceslneeds and socio-
economic characteristics e.g. culture);
• Built form (massing, height and location, architecture, street relation};
• The public realm (public streets and spaces -their accessibility, safety
connectivity and significance in creating sense of place and identity); and
• Land uses (land use pattern and how uses relate and- transition).
Residents:
According to the 2006 Census, the subject property is centrally located within a
neighbourhood that is predominately represented by households containing aduits_aged
35 to ~49 and children aged 5 to 19. Through the public submissions and discussions
with residents at the open house it is evident that they preferred this neighbourhood
because it is close to schools and other amenities, it is safe, and low density. Residents
are essentially auto-oriented but also walk or cycle to destinations close-by.
Built form:
The built form in the area is dominated by low density residential fabric consisting of
double storey semi-detached or single dwellings. Most of the homes were built during
the past 20 years, consisting of pitched roofs, masonry finishes with vinyl cladding-in-
between, and contain architectural detailing derived from the Gothic, italianate or
Victorian styles. Most of the homes are setback from the street front, maintaining a
consistent built edge along the public streets. The placement of the homes allows for
private amenity spaces (mostly as back yards) with entrances and porches facing the
public streets, which creates an active, positive and self-policing relationship with the
public realm.
Public realm:
The public realm consists mainly of the public right-of--ways (roads, sidewalks and
pedestrian walkways) and the park located at the southwest corner of Longworth
Avenue and Scugog Street. The public right-af-ways are generally well connected,
illuminated, landscaped and are active with vehicular and pedestrian traffic. The park_at
Longworth Avenue and Scugog Street has only recently been graded and landscaped
and halls the potential of becoming a focal point at this prominent street corner, The
REPORT NO.: PSD-111-10
PAGE 22
Bowmanville Creek provides a passive recreation area, this natural feature provides the
neighbourhood vvith a distinct visual identity.
Land uses:
The land uses immediately surrounding the application site are discussed in Section 3.3
of this report. The land use pattern in this neighbourhood is dominated by low density
residential. Within a wider radius (within a 2-minute walk) there are a number of
schools, a public park (south-west corner of Scugog/Longworth intersection} and the
Bowmanville Creek.
The elements mentioned above create the particular imagelidentity and character of this
neighbourhood. Except for the schools in the area, the neighbourhood is fairly "uniform"
in housing types which perpetuates the concept of a single use neighbourhood, rather
than a more diverse mixed use neighbourhood and development of "complete
cammunities" as defined by the Growth.
1 D.4 Nei hbourhood Centres
10.4.1 Neighbourhood Centres as described by the Clarington Official Plan are to serve as
focal points for residential communities and provide for day to day retail and service
needs. They are to be planned and developed in a comprehensive manner with a
maximum amount of gross leasable floor space not to exceed SDODmz. Neighbourhood
Centres are intended to be developed with adjacent areas as transit nodes containing
higher density residential uses and wherever possible, recreational, community, cultural
and institutional uses. The Official Plan also specifies that an appropriate range of retail
and service uses will be identified thraugh the zoning in accordance with the following
conditions:
• Uses will be appropriate to be located in proximity to adjacent residential areas;
• Uses will be limited in scale; _
• Drive_through restaurants will not be permitted;
• Mixed-use development will be encouraged (e.g, residential Icomm_ ercial
integrated on the same site)
The Official Plan sets out certain design criteria, referred to in Section 6.2,3 of this
report, which is to be implemented thraugh site development.
10.4.2 The policies in the Local Official Plan, read together with the policies on Neighbourhood
Centres in the Regional Official Plan and the policies in the Growth Plan paints a picture
of Neighbourhood Centres that are the sum of a number of pieces carefully assembled
to fit into and complement the neighbourhood. The policies imply that Neighbourhood
Centres should be mixed use nodes. Where possible, #hey should include uses such as
residential, retail, community and institutional uses that are planned and designed to
function as a centre of service and enjoyment for the focal neighbourhood. To
accomplish this, one needs a land mass that is appropriately sized and positioned to
accommodate this vision -this can be either in the form of a single site or a cluster of
sites.
REPORT NO.: PSD-111-10 ~ PAGE 23
10.4.3 Even though low density housing dominates the land use pattern in this neighbourhood,
the immediate area around this site contains certain elements e.g. a park {southwest), a
secondary school (northwest), and two arterial roads (public transit routes) bisecting the
area, in support of a neighbourhood centre. Given the site's prime location a# this
intersection, it should be a prominent landmark, adding more structure to the residential
area, strengthening the identity of the neighbourhood and introducing more diversity
such that is becomes a local destination.
The Growth Plan, (Section 5.2), seeks development of "complete communities" with a
diverse mix of land uses - to introduce commercial uses in this location would
complement this policy and could potentially reduce trips to commercial uses further
afield while providing local conveniences within walking distance of many residents.
10.4.5 Staff support re-introducing a Neighbourhood Centre designation for this site; however,
the proposed site development must reflect the Neighbourhood Centre and urban
design policies of the Official Plan to ensure that it fits into the character of the
neighbourhood.
10.5 The Develo ment Pro osal
10.5.1 The applicant proposes a free standing grocery store of 2,829mz and a 2"~ building of
783m2 for retaillservice commercial uses, with a parking lot for 188 cars in between.
Provincial Planning policy framework as well as the Regional and Local Official Plans
discourage conventional single storey, single use developments in central areas and
encourage higher density, mixed--use developments in a more compact form in support
ofi public transit.
The site sjze, its irregular shape and the fact that this project is tenant driven (by a
known food store franchise), offer certain challenges in terms of stare design, site
functionality, and presents obstacles to adding residential uses on the site. The current
site development concept does not include residential development. However, the
Official Plan amendment has to anticipate how the site should be allowed to evolve over
time. Should the commercial development not materialize es anticipated, ar in a
number of years if the commercial viability of a grocery store at this location changes,
the opportunity for mixed use development on the site becomes desirable.
The Provincial and Official Plan policies encourage mixed use development in
Neighbourhood Centres, and to address the potential loss of medium density residential
housing on this site Staff recommend that the Official Plan amendment include provision
for the eventuality of residential uses as part of the development. By doing so the
dynamic nature of Neighbourhood Centres is acknowledged and a planning framework
is put in place for this Neighbourhood Cen#re that allows it to evolve over time (e.g. the
policy resembles the changing planning regime and provides more flexibility to respond
to change).
REPORT NO.: PSD-'111-10
PAGE 24
Prior to this application coming forward, Halminen Homes had draft approval for the.
construction of 57 medium density housing units on this site. The current request to
have a Neighbourhood Centre designation on this site is based on amarket-driven
application for a grocery store. However it is obvious from the planning history of the
site that it could also have a residential component. In addition, providing for mixed use
development meets the principles of the Growth Plan, ROP and Clarington`s Official
Plana
10.5.2 Staff as part~of the public meeting report- PSD-095-10, expressed concern that the
proposed development concept includes built form and a site arrangement that does not
complement the surrounding neighbourhood. The applicant has been requested to
consider alternative design options. The incorporation of tenant merchants in small
stores attached to the grocery store and facing onto Scugog and Longworth or
relocating the second smaller building to face Scugog Street was suggested. The
applicant has been requested to investigate alternative site plan layouts and elevations
that could better address the street fronts, the street corner, and the functional
relationship between buildings, especially with regard to pedestrian accessibility and
convenience.
10.5.3 At the Open House on September 23, 2010 the applicant presented a revised site plan
concept which added a tenant space at the corner. This would provide a more active
relationship between the public square feature and the other uses on the site. They
also presented colour drawings of building elevations, which contained minor
improvements to the elevations along Scugog Street and Longworth Avenue
(Attachment 5).
10.5.4 Based on further input from the public at the Open House the applicant made additional
minor revisions to the site plan concept, such as adding a second public square
component along the Scugog Street adjacent to the proposed Building B and by moving
the supermarket building further westwards to allow trucks to do a full U~turn out of the
loadings docks to exit onto Longworth Avenue. No major changes to the overall site
plan concept are being contemplated by the applicant at this time -~ in their opinion the
. proposed.footprints of the buildings are the best fit for this site given the site
characteristics and size.
10.5.5 Staff are not satisfied with the building elevations for the grocery store. Additional work
will be required to respond to the neighbourhood character, especially since the site is
lower than the residential properties to the north and west which would make the
principal building's visual impact even greater. Staff are recommending the following
urban design principles be adopted as a framework for the consideration of the detailed
design components of this development:
• The proposed commercial development at the intersection should be treated as a
focal point to connect the adjacent residential areas;
REPORT NO.: P5D-111-10
PAGE 25
A positive commercial image is a key design consideration for enhancing the quality
and character of the overall streetscape and the neighbourhood centre. The height,
mass and architectural design of buildings and structures should be designed to be
compatible with the established neighbourhood, therefore, franchise architecture
andlor highly contrasting colour schemes shall be excluded from the building design;
The commercial development should incorporate high quality architectural
treatments, building materials that provide visual interest at pedestrian scale, reduce
building mass impacts, and respect local character. The quality and scale of
materials used in the building should be carried through to those used for pathways,
and areas surrounding the building to contribute to a cohesive and integrated image
of the development,
Landscaping will be sensitively integrated in the development to visually enhance
the site, soften hard edges and contribute towards environmental sustainability.
'10.5.6 Using the above noted principles, Staff anticipate that the applicant will .revise the
submission to address:
• The store fronts, especially along Langworth Avenue should be better articulated
through vertical recessions and projections;
• Glazing along Longworth Avenue street front must be introduced in order to
provide a more positive response to the street and passing pedestrian traffic, in
the absence of street related access points and window display;
• The roof design -alternative roof andlor parapet wall designs (such as a pitched
roof) would be more compatible with the built form of adjacent residential area
and screening of the mechanical equipment, such as HVAC units, that would
otherwise be visible from the houses across the street;
• The parking lot can be more effectively screened from public view through a
combination of conifer and deciduous trees and shrubbery; and
• Aline of trees, consisting of indigenous deciduous and coniferous trees wil[ be
planted within the landscape boulevard on the west side and east side of Scugag
Road, for the full length of the eastward view of the commercial site.
10.5.7 In further discussions during the week of September 27, 2010 the applicant indicated
that they are willing to work with Staff to further refine the urban design and landscaping
components and that they would also be willing to further discuss the urban design
elements with the residents.
10.5.8 The details regarding the actual type of retail and service commercial uses proposed in
Building B were not included in the applicant's Planning Rationale. Report. At the
meeting held with the applicant on September 27th it was indicated that the proposed
second building is intended for uses that would typically complement the grocery store
such as a dentist, a coffee shop or hairdresser.
10.5.9 The applicants will be required to prepare alternative site layouts, building massing and
elevations to address the policies set out in the Official Plan amendment. It would be
appropriate for the applicant to present the alternatives to the public for their feedback.
Based on public input and staff comments, the site layout will become the basis for the
site specific Zoning by-law and the site plan agreement.
REPORT NO.: PSD-111-10
PAGE 26
10.6 Residents Concerns
At or prior to the Public Meeting held on September 13, 2010, a number ofi concerns
were raised by residents of the surrounding area. Table 1, Attachment 2 to Report
PSD-~ 11-10 provides an overview of those concerns and an evaluation of where these
concerns would be best addressed through the planning process. In summary, the
public concerns can be categorized as follows:
• Concerns regarding the reintroduction of a commercial land use generally,;
• Concerns with permitting a proposal of this size and scale specifically;
• Concerns related to the odours, emissions, nuisance and traffic concerns with
introducing the proposed use onto the subject site; and
• ~ Concerns which are typically addressed at the Site Plan review stage (such as
lighting and noise controls).
The applicant held an Open House at St. Stephens Catholic Secondary School with
residents in the area on September 23, 2010.. The Open House was in the format of a
drop-in and panel display manned by consultants to answer questions, record concerns
and indicate how they would be addressed (Tab1e 2, Attachment 3}. A total of 15
written submissions were made at the Open.House. Most of the concerns raised at the
Open House are already embodied in the Staff summary of resident's concerns
(Attachment 2). To avoid unnecessary duplication, only those concerns that are new or
different from the Open House, have been added to the table of concerns and
addressed accordingly.
Many of the resident's concernslobjections outlined in Table 2 {Attachment 3} can be
addressed at the rezoning and site plan stages. Those concerns that need to be
addressed at this stage of the planning process have been incorporated into the Official
Plan Amendment (Attachment 6).
11.0 CONCLUSION
11.1 The Supermarket Impact Analysis illustrates that certain changes have occurred in the
local market and a reconsideration of the retail commercial rights on this site are
warranted.
11.2 The planning history of this site envisioned this site as a local commercial centre for the
neighbourhood. Staff can support introducing the designation of "Neighbourhood
Centre" provided that it includes the mix of uses called for in the Neighbourhood Centre
and urban design policies of the Official Plan.
11.3 The Official Plan Amendment (Attachment 6) recommends that a Neighbourhood
Centre designation for the northeast corner of Longworth Avenue and Scugog Street
with the appropriate restrictions will create a focal point for the neighbourhood and
provide services within close proximity to residents.
REPORT NO.: PSD-111-1 Q
PAGE 27
11.4 Given the desire of the applicant to address residents concerns and the discussion
contained within this Report regarding neighbourhood character, an open house to
address urban design issues is warranted. It is recommended that the format of the
open house include a presentation, discussion of alternatives and questionlanswer
session: Staff will work with the applicant to assist them in addressing the concerns of
the residents.
11.5 Should Council approve the Official Plan amendment, Staff will draft a site specific
zoning by-law to address the broad category of uses permitted in the C1 zone. Same
uses present compatibility issues at this site, the Official Plan prohibits drive-through
facilities in neighbourhood centres and given the desire to retain main branch banks in
downtown locations the C1 Zone requires modifications for this subject site.
11.6 The zoning and site plan applications will continue to be processed by Staff.
Staff Contact: Dean Jacobs
Attachments:
Attachment 1 -- Key Map
Attachment 2 -Table 1-Public Comments, Sept 13, 2010
Attachment 3 -Table 2- Open House Comments and Applicants Response, Sept 23, 2010
Attachment 4 -Pre and -Post 2005 Development in Proximity to the site
Attachment 5 -Conceptual Site Plan and Preliminary Elevations
Attachment 6 -Official Plan Amendment
List of interested parties to be advised of Council's decision:
Erik & Kathrene Peterson
R.G. Richards & Associates
Kelly August
Zelinka Priamb Ltd.
Jennifer Remillard
Metro Ontario Inc.
Valerie Kowal
Christina Rose
Shaun Asselstine and Kim Sullivan
Michele Wynne
Amanda Kocklay and Nathan Cook .
Neil Murray
Michael and Donna Stephens
Aimee Tinline
Sam McBride and Amanda Hyde
Carl Pokoski
Marie O'Hare
Triston Hymus
Ken and Maria Hilts
Michael Webber and Jennifer Tremain
Gordon and Lucille Sturrock
Dale and Don Sturrock
Andre Bos
Tom Keen
Andrew and Lindsay Wray
Corey Robbins and Lindsay Highmore
Jason & Jody Coulas
Joseph & Sharon Reader
Shirley McLean
Robert & Amanda Hall
Heather Beveridge
Wayne Moores
Gerry & Luise Lens
Raymond Scimone
Dawn Tighe
Geoff Bryann
Bob Harty
Gerry & Diane Harness
Francis Williams
E. Greenham
Kelly Rainey
Rttacnment 1
To Report PSD-111-10
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Attachment 3
To Report PSD-111-10
Table 2: Open House Comments and_~Applicants Response
September 23, 20'i 0 OPEN HOUSE COMMENTS
680 Longworth -Proposed Neighbourhood Centre
'[80.4603 Ontario Inc.
Genera! Cornments~ Discussed
Comment - Res onse
Many residents were looking for local
convenience facilities and were
interested in the type of food store being
proposed
Two residents favored~a different brand
of food store than that proposed
Several residents indicated that the
neighborhood was lacking in_these types
of services and that this would be a
weicome.addition
5everai residents expressed concern While pedestrian and bus traffc was
over child safety par#icularly of the #aken into consideration in the initial
Longworth Avenue access point traffic study the consultant has been
_ asked to revisit this issue and provide
. an addendum repor# which specifically
. addresses the traffc issues relating to
the schools in the~area see attached .
Same residents wanted assurances that ~ Assurances were given that the project
the development would occur as shown would occur as shown on approved
and that it would continue in operation plans. Public was advised That fhe
and not become an eyesore ~ proponent is a professional retail '
center owner and manager and that it
is in ti~eir best interest fo ensure the
maintenance and success of the
development as they are long term
' holders
Some residents were concerned that the The approval process was explained
development would not proceed as to fhe residents. They were•adriised
planned and that once owned if would be that the development must comply
changed ~ with approved plans and That if
. subsequent changes were required
- ~ ~ - new plans would need to lie approved
b the Munici alit .
Concern was, expressed about
commercial development extending This discussion occurred in the
presence of one city councilor who
beyond the site ~ advised that given the amount of new
residential development extending to.
the.north, it was highly improbable that
. retail development would expand
be and the site.
Many residents were inquiring as to the ~ The proponenf was only able fo
future tenants for building B confirm a lease deal with a dentist to
date. Formal leasin of this buildiri
Concern about increased traffic
Concern about left tum onto Scugog
Concern about the building facades-
people don't want just a box {they liked
the drawings that were shown last night)
Some people would like to see a
neighbourhood centre in the sense of
public spaces (benches} and services
{Coffee, etc.)
Concern over the length of the lease
term
How high are the proposed light poles in
the parking lof? Wili f be able to see them
from my house 3 blocks away?
Who is the Food Store tenant?
Is it a Price Chopper?
Some residents where looking for a
higher end food store and others
preferred a more affordable store like Igo
Frills.
How will food waste be managed by the
food store?
How are we going to deal with the
has not commenced, but typical
neighbourood retail service
commercial uses such as a cafelbistro,
hair salon other personal service uses
are ex ected.
There is a great deal of discussion
with many residents regarding #rafific in
the neighborhood and the safefy of
pedestrians, especially children, as a
result of the development. A copy of
the traffic study was available and was
reviewed with several residents. The
results of the study were conveyed
verbally to others. See attached Traffic
addendum for further clarification.
See above
There was little discussion about
building appearara~ce although the
need to be complementary to the
neighborhood was expressed.
Proposed building elevations and
ongoing site plan discussions are
addressing this concern
People were advised chat the site plan
was an evolving product and were
shown proposed public spaces. The
most recent revised site plan prepared
after this meeting redesigned the
originally proposed public square and
added an additional public gathering
area near building g.
Those concerned were advised of the
length of the lease for the major tenant
is 20 years and an indication was
given the likely term leases for tenants
in building B would be 10 years.
No you won't see them from your
house. The light standards will be
approximately 7.3 metres high and i# is
a municipal requirement that all
illumination from any light sources be
contained within the property lines in a
residential setting such as this.
The Food Stare tenant is FreshCo
which is a new banner for Sobeys.
(www.freshco.com) FreshCo is
considered to be in the middle-range
in terms of affordability
There are provisions for a Self
Contained Compactor with Cardboard
Bailer in the loading Dock.
A traffic study as required by The
increased Traffic and the hundreds of municipality was prepared by a~traffic
children that walk to school or are picked consultant. The study concludes the
up 1 dropped off by school buses in the site as designed will opera#e safely
area? Concern regarding children having and would not negatively affect the
to walk across new accesses proposed traffic in The area. Residential
on Longworth Ave. and Scugog St. development on this site would likely
create more traffic in the morning
when people are leaving their homes
for work than a neighbourhood centre
that would not draw traffic until later in
the marning. Based on the concerns
raised by residents we asked that the
traffic study be specifically updated fo
address these issues. See attached
traffic addendum letter. Further, we
consuifed Sobeys to ask how many 53
foot tracks a day will be coming to the
site.. They stated on a regular day 1
Truck will come to the site. On the
days leading up to holidays and long
weekends 2 trucks a day will be
coming to the site. Other smaller
trucks, such as bakery trucks, will be
comin to the site on a Bail basis:
What are The operating hours of the food Atypical FreshCo operates from 8AM
store? to 10PM Monday to Friday and 8AM to
9PM on Sunday.
How-are The Trucks going to circulate Through the use of computer program
through the site? the site has been designed to allow for
safe truck movements through the site.
The site plan has been redesigned to
ensure proper and safe truck
manoeuvring as well as access and
e ress to the site.
Who is going to maintain all the Goldmanco will be The landowner
landscaping? responsible for maintaining the site.
Trey are-long term landowners and
ro ert mane ers.
What types of tenants will be occupying Ideally the proponent would like to see
the smaller building to the north? a coffee/bis#ro shop with an outdoor
patio as one of the tenants. Others
might be doctors offices, hair salon,
_ and other personal service types of
uses. These uses will be determined
after the land uses are approved and
feasin be ins.
Concern over the location of noise The noise consultan# has specific
receptors used in the noise study. What s#andards That they must follow as to
about the noise that will now be bouncing where They place noise receptors. The
off the sides of the buildings? report has been reviewed by the
municipality. We will clarify your
quesfions with our noise consultant.
Attachment 4
To Report PSD-111-10
HT[dGnni~in
To Report PSD-111-10
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Attachment 6
To Report PSD-191-10
AMENDMENT NO. 79
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to introduce a Neighbourhood
Centre designation on the north-east corner of Longworth Avenue
and Scugog Street to permit a grocery stare and amulti-tenant
building for retail and service commercial uses,
BASlS: The application is based on an Official Plan Amendment
application (COPA 20010-0004) submitted by 1804603 Ontario Inc.
ACTUAL
AMENDMENT: The Municipality of Clarington Official Pfan is hereby amended as
follows:
1. By including an exception to Section 23.14 to create Sub-
section 23.14.14 as follows:-
"23.14.14 Notwithstanding Sections 10.6.1 and 10.6.4 c), the
lands located at 680 Longworth Avenue and described by
assessment roll number 181702002015000 shall be developed
with: .
• A grocery store having a maximum gross floor area of
3100mz with the main pedestrian access within 10
me#res of Scugog S#reet;
• A public square in accordance with the policies of
Section 10.6.5, which shall be located adjacent to the
in#ersectian of Scugog Street and Longworth Avenue;
• A use intended to complement and interact with the public
square having a maximum gross floor area of 200m2,
either as part of the -food store or as . an independenk
business establishment. Said use shall face Scugog
Street and have the main pedestrian access at the
Longworth Avenue and Scugog Street intersection;
• Amulti-tenant building for re#ail, personal service and
business, professional and or administrative offices, with
a minimum gross floor area of 700m2 and a maximum
gross floor area of 790m2. .The maximum size of an
individual business establishment shall not ~ exceed
250mz; and
• Residential dwelling units are encouraged as an
accessory use either as stand alone or part of a mixed
use building.
The site specific Zoning By-law associated with the
development of this site shall only be considered after site plan
and elevation drawings for this Neighbourhood Centre have
been prepared to the satisfaction of the Municipality.
The site plan and elevation drawings shall address the following
urban design principles:
a) Compatibility: The commercial development shall ~ be
compatible with the established neighbourhood.
b) Pocal Point; The commercial buildings located at the
intersection of Scugog Street and Longworth Avenue should
be treated as a .focal point. It shall include articulated
building elements that emphasize the focal point nature of
these buildings.
c) Building Design: The commercial development should
incorporate high duality architectural treatments, building
materials that provide visual interest at the scale of
pedestrians, reduces building mass impacts, and respec#s
the character of the established neighbourhood.
d) Landscaping: Landscaping will be integrated in the
development to visually enhance the site, to soften hard
edges, to screen parking and loading areas, to mitigate
potential conflicts arising from noise, emissions and visual
impacts and to contribute. towards environmental
sustainability.
e) Active Street Life: The commercial building located at the
intersection of Scugog Street and Longworth Avenue shall
include a specific area dedicated to contribute to an active
street life and public square.
f) Pedestrian Network: Inferior walkways and private
connections will be designed to complement and extend, but
not replace, the role of the street as the main place for
pedestrian activity. They should be accessible, comfortable,
safe and integrated into the focal pattern of pedestrian
movement with direct, universal physical and visual access
from the public sidewalk and .clear path-finding within the
site.
The developer will be required to provide off-site landscape
buffering to address compatibility with the adjacent residential
neighbourhoods.
The implementing Zoning By-law will contain performance
standards to ensure that the new development will be compatible
with the physical character of the established residential
neighbourhood.
IMP[.EMENTATION The provisions set forth in the Clarington Official Plan as amended,
regarding the implementation of the Plan shall apply in regard to
this amendment.
INTERPRETATION The provisions set forth in the Clarington Official Plan as amended,
regarding the interpretation of the Plan shall apply in regard to this
amendment.
Exhibit "A", Amendment No, 79 To the Municipality of Clarington
Official Plan, Map A3, Land Use, Bowmanville Urban Area
of
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Delete "Medium Density Residential" symbol
and replace with "Neighbourhood Centre" symbol
O
UNFINISHI=D BUSINESS #2
lar~ n
Leading the Way
REPORT
PLANNING SERVICES
Meeting; COUNCIL
Date: October 4, 2010 Resolution #:
Addendum to
Report #: PSD-108-10 File #:ZBA 2090-0017
Subject: REMOVAL OF A HOLDING SYMBOL
By-law #:
APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORAT[ON
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Report PSD-108-90 and Addendum to Report PSD-908-10 be received;
2. That Staff facilitate a meeting between a representative from the Royal Bank -and the
Historic Downtown Bowmanville Business Improvement Area to develop a plan to .
mitigate impacts of the proposed relocation;
3. THAT the Urban Design Principles, contained in Section 6.2 of Report PSD-108-10, be
incorporated into the final design of the building and the site;
4. THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a
Holding {H) Symbol be approved and that the By-law, contained in Attachment 2 to
Report PSD-108-10 be passed; and
5. THAT.aII interested parties listed in the Report PSD-108-10 and Addendum to Report
PSD-108=10 and any delegations be advised of Council's decision.
Submitted by: Ci Reviewed by:
ay La m d, FCSLA, MCIP .
ing Direc r of Planning Services
PWICOSIdf
1 October 2010
J~- ~-= ~
Franklin Wu,
Chief Administrative Officer
' CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
ADDENDUM TO REPORT NO.: PSD-108-10
PAGE 2
1.0 PURPOSE OF ADDENDUM REPORT
1.1 Council at the General Purpose and Administration Meeting of September 27, 20'10
TABBED Report PSD-708-90 and requested Staff prepare a report regarding the
applicable policies to retain main branches of financial institutions within downtown
areas. This addendum provides that background.
2.0 BACKGROUND-'POLICY CONTEXT
2. ~ The purpose of the Provincial Policy Statement {PPS} is to provide direction to
development and redevelopment in an effort to create and maintain safe and healthy
communities which are complete, cost-effective and accessible to all. One of the ways
to achieve these goals is through the planning and promotion of a community's iong-
term economic prosperity. The PPS identifies the maintenance and, where possible,
enhancement of the vitality and viability of downtowns and main streets as an integral
part of a community's long-term economic prosperity.
2.2 Within the Clarington Official Plan one of the objectives of the Town Centre, Village
Centre, Neighbourhood. Centre and Commercial Use policies is to preserve and
enhance the vitality and character of historic downtowns such as Bowmanville_
Towards that end, the Municipality will endeavour to phase new retail growth and,
where achievable, encourage private sector investment and adaptive reuse of historic
. buildings in the downtown.
2.3 Part of the impetus for the 2006 Commercial Policy Review was a number of
applications that were received for commercial development in the west end of
Bowmanville. These included applications on behalf of Wal-Mart, Home Depot and
Loblaws. One of the conclusions that came out of the Commercial Policy Review was
that banks are important anchors in downtown Bowmanville. As a result, one
recommendation of the Commercial Policy Review was to protect the character and
vitality of Bov~manville's traditional downtown through limiting the number of bank
' locations permitted outside of the downtown.
2.~4 In light of the proposed developments that were under consideration in the Bowmanville
West Town Centre, the immediate response to this policy direction led to the imposition
of limits on the total number of banks that were permitted in the Bowmanville West
Town Centre. "
2.5 In the context of the Commercial Policy Review, the limitation on the number of banks in
the west end of Bowmanville was not a response to a market study of the banking
needs in Clarington. Rather this limitation was a measure to balance the competitive
advantage of new commercial developments over the downtown given the importance
of a vibrant downtown to the community as recognized in Clarington's Official Plan.
ADDENDUM TO REPORT NO.: PSD-'[OS-'i0
PAGE 3
2.6 In July of 2008, Report PSD-077-08 outlined fhe case for introducing a financial service
establishment (credit union} onto the Torgan site in the south end of Bowmanville,
adjacent to the Rona property. Irt recognizing the need to preserve existing banks in
the downtown, Council endorsed the Staff recommendation that a new financial service
establishment {credit union) be permitted, at this location, on the grounds that it would
not represent a relocation of an existing branch out of the downtown.
From a planning policy perspective, the policy direction of ensuring that financial
institutions remain as anchors of the Historic Downtown Bowmanville applies equally to
the historic downtowns of Orono and Newcastle.
2.7 When proposing the introduction of banks or other financial services into both the
Bowmanville West Town Centre and onto the Torgan site, the respective Applicants
were required to submit Rezoning andlor Official Plan Amendment applications.
Through those processes, Council was able to establish special conditions which
ensured that the approval of bank uses onto these sites did not result in the relocation
of any of the existing banks currently located in downtown Bowmanville.
3.0 THE SUB,~ECT SITE AND APPLICATION
3.1 The subject site is located within the Bowmanville East Town Centre Secondary Plan
and is zoned "(H) C1-30". Upon the lifting the Holding (H) Symbol the underlying "C1-
30" zone would permit a bank. Unlike the Bowmanville West Town Centre, where new
commercial lands were created out of "Agricultural (A)" lands in 2006, a bank has been
a permitted use in the northwest corner of this site since October, 2003, and elsewhere
on the site since as far back as 1984.
3.2 The existing Royal Bank at the corner of Division and Temperance Streets has
experienced growth in its clientele and services. The current facility is undersized for
the financial services provided and staff employed at this location. In addition, the
parking required by clientele of the bank is lacking. The bank is seeking a larger
location with ample on-site parking. Within the next few years the bank would in its
current location have to undertake major renovations as the customer bathrooms are
located in the basement. In this case the purpose of the bank moving is to expand and
modernize their services.
4.0 FUTURE PROPOSAL BY FINANCIAL SERVICES
4.1 In evaluating any future proposals for bank or financial service uses outside of the
traditional downtown and onto sites where they are not currently permitted, Staff wilt
require the submission of a detailed Planning Rationale Report on the impact of the
. relocation on the respective historic downtown and will encourage the representative of
the subject bank to meet with the applicable Business Improvement Area to develop a
plan to mitigate impacts.
ADDENDUM TO REPORT NO.: PSD-108-10
PAGE 4
4.2 Should the Municipality receive requests in the future to relocate one of the existing
banks currently located in any of Clarington's historic downtowns onto a site where
banks are already permitted, the Applicants will be encouraged to advise Cauncil of
their intent and requested to meet with the respective Business Improvement Area in
order to mitigate impacts.
5,0 CONCLUSIONS
5.1 This Addendum Report has been prepared to clarify the Municipality's position
regarding banks in the downtown of Bawmanville. The previous direction of Council has
been that the vitality of historic downtowns in Clarington, including historic downtown
Bowmanville, is one of their key policy priorities. This issue was debated and reinforced
by Council through the imposition of limits on the number of banks in the Bowmanville
West Town Centre and the type of financial institutions permitted on the Torgan site.
5.2 For this subject site and application, the Halding (H) symbol on the subject site is
directly linked to the Municipality's need of assurances that the environmental
remediation of the site has taken place prior to permitting redevelopment to occur.
Based on all information provided by the Applicant, Staff recommends that the Removal
of Holding By-law, contained in Attachment 2 to Report PSD-108-10 be passed in order
to remove the Holding (H) symbol from this property.
5.3 The Urban Design principles, contained in Section 6.2 of Report PSD-108-10, are to be
incorporated into the final design of the building and the site.
5.4 Representatives of the Royal Bank have previously been informed of the Municipality's
concerns over its relocation. Representatives of the Royal Bank will be informed that
Council has the same concerns. Staff will facilitate a meeting between representatives
of the Royal Bank and the Historic Downtown Bowmanville BIA to address the impact of
the proposed relocation.
Staff Contact: Paul Wirch
Attachments:
Attachment 1 -Report PSD-~ 08-10
List of interested parties to be advised of Council's decision:
FCHT (Ontario) Holdings Corporation
R.G. Richards & Associates
Regional Municipality of Durham
Municipal Property Assessment Corporation
Royal Bank Representative
Attachment ~
To Addendum Repor# PSD-108-'f 0
•
1~~ ~
I,eudirzg the Way ~ ~ ~ ~ ~T
-. PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADM[NISTRATION COMMITTEE
Date: September 27, 2010 Resolution #: By-law #:
Report #: PSD-108-10 File #:ZBA 2010-0017
Subject: REMOVAL OF A HOLDING SYMBOL
. ~ APPLICANT: FCHT (ONTARIO) HOLDINGS CORPORATION
RECOMMENDATIONS:
It is respectFully recommended that the General Purpose and Administration Committee
recommend to Council the following: '
1.. ~ THAT Report PSD-108-10 be received;
2: THAT the application submitted by FCHT (Ontario) Holdings Corporation to remove a
Holding (H) Symbol be approved and that the By-law, contained in Attachment 2 to
Report PSD-108-10 be passed;
3. THAT the Urban Design principles; contained in Section fi.2 of report PSD-108-10, be
incorporated rota the final design of the building and the site; and
4. THAT~aII interested parties listed in Report PSD-108-10 and any delegations be advised
of Council's decision.
. _
Submitted b__y: '~ ~' Yt~-` . Reviewed by: ~--
,~a e Langm , FCSLA, MCIP Franklin Wu,
Acting Director of Planning Services Chief Admirsistrative Officer
PW/COSIav
September 20, 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40.TEMPr=RANGE STREET, BOWMANVILI_E, ONTARIO L9C 3A6 T (905)623-3379 F (905}623-0830
~-6~
REPORT NO.: PSD-108-'! 0
1.0 APPLICATION DETAILS
1.1 Applicant: R.G. Richards & Associates
1.2 Owner: ~ FCHT {Ontario} Holdings Corporation
1.3 Proposal; To remove a Holding (H) Symbol to permit a 429 m2 bank
1.4 Area: 0.14 Ha
1.5 .Location: 195 King Avenue East
2.0 BAGKGROUND
PAGE 2
2.1 The subject site was previously operated as a motor vehicle fuel bar (Petro-Canada}. A
demolition permit for the buildings and structures related to this use was issued in
January of 2007. .
2.2 As part of the~demolition process, the underground storage tanks were removed and the
site was remediated.
2.3 On June 11i~, 2010, an application was received for the Removal of Holding and Site
Plan approval. The Applicant is seeking to construct a 429 m2 bank.complete with a
drive-through automated teller machine.
2.4 ,The Applicant has submitted a Phase 2 Environmental Site Assessment '(ESA) in
support of this application. Following tests conducted on-site, this document confirms
that the subject property has been remediated and. is suitable for the introduc#ion of a
new use. .
3.0 OFFICIAL PLAN
3.1 Where lands have been identified as potentially contaminated {such as in the case of
former motor vehicle fuel bars), redevelopment shall not be permitted until the
Municipality, in consultation with the Province, has been satisfied that the site has been
rehabilitated.
3.2 The Official Plan states that Holding provisions may be used to ensure that, prior to
redevelopment, the submission of technical studies have been submitted and approved
to the satisfaction of the Municipality.
REPORT NO.: PSD-108-10
4.0 ZONING BY-LAW
PAGE 3
4.1 ~ Zoning By-law $4-~3 zones the subject lands as "Holding -General Commercial
Exception {(H) C1-30)". The proposed bank with drive-Through is permitted within. the
"C 1-30" zone.
4,2 . The Zoning By-law states that.a Holding (H} Symbol may be removed once Council is
satisfied that that the lands and proposed uses will be adequately protected from any
physical or man-made hazard or conditions associated with the lands.
5.0 AGENCY COMMENTS
5.1 The Region of Durham has stated that the Applicant will be required to provide the
Ministry of the Environment (MOE) with a Record of Site Condition {RSC) for the Phase
2 ESA. Upon review of the RSC an Acknowledgement Letter firom MOE must be
submitted to the Municipality and -the Region of Durham confirming-that this site has not
been selected for audit. .
5.2 No other agency or department has expressed any concerns with this application
5.3 The Finance Department has.confirmed that the taxes are current on~this property.
6.0 STAFF COMMENTS
6.1 Upon review of the Phase 2 ESA that was submitted in support of this application, Staff
are generally satisfied that this site has been remediated. However, in accordance with
the requirements of the Region of Durham and the policies of both the Official Plan and
the Zoning By-law, the Applicant must submit an Acknowledgement Letter from the
Ministry of the Environment confirming that this site has been reviewed and has not
been selected for audit. This letter must be received by the Municipality. prior to the
issuance of Site Pian approval,
6.2 Despite lifting the Holding (H) Symbol for #his site, Staff have identified that a number of
outstanding Urban Design features have yet to be conclusively resolved by the
Applicant. By releasing #his site for development, it should be noted that the Applicant
will be responsible to provide a building and site design which not only complies with all
Zoning By-law requirements but also conforms to:the applicable policies of the
Clarington Official Plan and the Bowmanville East Town CenTre Secondary Plan. These
applicable policies being:
The pedestrian environment is paramount in all Town and Village Centres and
will be enhanced through development which is human in scale; buildings of high
architectural quality, grade level doors and windows, and the provision of street.
benches, awnings, pedestrian scale lighting, and streetscape amenities;
The intersection of King Street with Liberty Street shall be deemed to be a
prominent intersections having important visual significance;
REPORT NO.: PSD-108-14
PAGE 4
• Buildings shall be street-front oriented and provide direct street access for
pedestrians, wherever possible; .
• Parking areas should be sited to the side, rear or underground wherever
possible;
• _ High quality landscape treatment shall be provided with particular regard to
screening parking areas visible to the -street, providing shade for pedestrians and
mitigating heat island effects;
• L.igh#ing impacts will be minimized;
• Energy efficient design and orientation which maximizes the use of alternative or
renewable energy such as solar and wind energy and the mitigating effects of
vegetation will be encouraged wherever possible;
• Common vehicular access and internal circulation including.service lanes
connecting abutting properties should be provided wherever possible; and
• While drive-through facilities are not desirable in the downtown, where they are
permitted all buildings containing drive-through facilities shall be oriented to the
primary street frontage. No portion of the stacking lane and no parking spaces or
drive aisle shall be located within the setback area
7.0 CONCLUSIONS
7.1 In consideration of the comments noted above, Staff recommend that the application
submitted by FCHT (Ontario) Holdings Corporation to remove a Holding (H) Symbol be
approved and that the By-law contained in Attachment 2 to Report PSD-102-10, be
passed. ,
7.2 It is further recommended that the Urban Design principles, contained in Section 10.2 of
Report PSD-902-10, be incorporated into.the final design of the building and the site.
Staff Contact: Paul Wirch
Attachments:
Attachment 1 -Key Map
Attachment 2 - By-law
List of interested parties to be advised of Council's decision:
FCHT (Ontario) Holdings Corporation .
R.G. Richards & Associates
Regional Municipality of Durham
Municipal Property Assessment Corporation
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To Repo~f PSD-908-90
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To Report PSD-108-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
SY-LAW N0.2010-
being a 8y-!aw to -amend Zoning By-law 84-63 of the Corporation of the
Municipality of Clarington ~ _ .
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-Eaw 84-63, as amended, of the Corporation of the-Municipality of
Clarington for ZBA 2010-0017;
NOW THEREFORE BE IT RESOLVED THAT, the C_ ouncil of the Corporation of the .
Municipality of Clarington enacts as follows:
1. Map Schedule "3" to $y.-iaw 84-63, as amended, is hereby further amended by
changing the zone designation from "Holding -General Com~nerciai Exception
((H) C1-30) Zone" ~to "General Commercial Exception (C1-30) Zane", as
illustrated on the attached Schedule "A" hereto .
2. Schedule "A" attached hereto shalt farm part of this By-law.
3. This By-iaw sha11 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 2010
_ -13Y-LAW read a second time this day of 2070
BY-LAW read a third #ime and finally passed this day of ~ 2010
Jim Abernethy, Mayor
Patti L, Barrie, Municipal Clerk
This is Schedule "A" ~o By-law 2010- ~ ,
passed- this day of ~ , 2010 A.D.
KING STREET EAST
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Zoning Ghange From "(H) Ci-3D" To "Ci-3D"
® Zoning To Remain "C1-3D" IJ
dim Ahemethy, Mayor Patli L. Barrie, Muni~pal Clerk
allEt:N STREET
3EPLACE EX15TING RETAINING WALL(by others)
ENSURE IS
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BRICK BANDING IN ASPHALT
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EXISTING TREES TO REMAIN.
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UNDERPLANTING
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LOCKABLE GATES INSTALLED
AT BOTH ENDS FOR SEC
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BY OTHERS
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EXISTING TREES TO REM04
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