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December 16, 2002
Council Meeting Agenda Monday, December 16, 2002 7:30 P.M. ADOPTION OF MINUTES Regular Meeting of December 2, 2002 Special Meeting of December 2, 2002 Special Meeting of December 10, 2002 (11) 1. DELEGATIONS The following persons will address Council with respect to traffic concerns on Walnut Lane: a) Erika Kalishman, 1821 Walnut Lane b) Gayle Clow, 1811 Fairport Road (111) 1. 2. RESOLUTIONS PAGE To adopt the Planning Committee Report dated December 2, 2002. 1-3 To adopt the Committee of the Whole Report dated December 2, 4-6 2002. To consider Planning & Development Report PD 56-02 concerning 7-10 Sale of Surplus Lands. (IV) BY-LAWS By-law Number 6070/02 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Lots 1-7 and 10, Plan M-1040, City of Pickering. (A 13/02) PURPOSE: LOCATION: APPLICANT: ZONING BY-LAW SOUTH-WEST CORNER OF SQUIRES BEACH ROAD AND BAYLY STREET 591658 ONTARIO LIMITED 11-21 Council Meeting Agenda Monday, December 16, 2002 7:30 P.M. By-law Number 6071/02 Being a by-law to exempt Blocks 24, 25 and 27, Plan 40M-2089, Pickering, from part lot control. By-law Number 6072/02 Being a by-law to exempt Lots 12, 13, 14, 15, 16, 23, 24, 25, 26 and 27, Plan 40M-2086, Pickering, from part lot control. By-law Number 6073/02 Being a by-law to dedicate Blocks 29 and 30, Plan 40M-1981, Pickering (Sparrow Circle) as public highway. By-law Number 6074/02 Being a by-law to dedicate those parts of Block 44, Plan 40M-1739, Pickering, designated as Parts 4 and 5, Plan 40R-21113, (Rockwood Drive) as public highway. By-law Number 6075/02 Being a by-law to prescribe a tariff of fees for the processing of planning applications received after January 1, 2003. By-law Number 6076/02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1792 Liverpool Road, 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar Rd., 1530, 1540, 1625 and 1655 Pickering Parkway, 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 925 Bayly St., 1360 & 1885 Glenanna Rd., 1958 & 1975 Rosefield Rd., 1880 & 1890 Valley Farm Rd. and 1650 Kingston Road). By-law Number 6077/02 Being a by-law to authorize the execution of a renewal for a Licence Agreement between Corporation of The City of Pickering and Hydro One Networks Inc. 22-24 25-27 28-30 31-33 34-35 36-37 38-44 Council Meeting Agenda Monday, December 16, 2002 7:30 P.M. (V) , NOTICE OF MOTION Moved by Councillor Pickles Seconded by Councillor Johnson Notice of Motion re: GTAA Financial Analysis To be Circulated Under Separate Cover Moved by Councillor McLean Seconded by Councillor Holland 45-46 That a grant in the amount of $1,500.00 be made to the Durham Region Senior Games in support of competitions in the Region of Durham in 2003 for persons over fifty-five years of age; and That this grant be charged to Account 2195 (Grants to Organizations & Individuals). Moved by Councillor Holland Seconded by Councillor Ryan 47-49 WHEREAS the City of Pickering has undertaken a pilot project for the curbside collection of organics and expanded recyclables which has achieved a diversion rate of over 60% in the test community of Amberlea while achieving widespread public acceptance and approval; and WHEREAS the City of Pickering embarked upon the above noted pilot project to prove that achieving greater than 50% diversion in Durham is possible today; and WHEREAS the residents of the City of Pickering and the Council of the Corporation of the City of Pickering have long stated that they are ready for a curbside composting program and expanded recyclables across the City to deliver a diversion rate in excess of 50%; and WHEREAS the Region of Durham stands to financially benefit from the diversion of waste from landfill as it will not have to pay to dispose of that waste; and Council Meeting Agenda Monday, December 16, 2002 7:30 P.M. WHEREAS the City of Pickering does not have the financial capacity to implement an organic curbside collection service or jurisdictional authority to expand the current list of recyclable materials; and WHEREAS the Government of Ontario has created significant incentives to municipalities that achieve waste diversion rates greater than 50% but many of those incentives are time sensitive; and WHEREAS residents expect the Region of Durham to act expediently on the issue of waste diversion and implement proven technologies for the benefit of the environment and future generations; and WHEREAS the Region of Durham has debated and considered the issue of increased recyclables and curbside collection of organics since 1994 and has yet to commit to a program; and WHEREAS the Region of Durham will be reviewing its waste management practices at the end of February or the beginning of March of 2003 through the 'Solid Waste Financing and Servicing Study' (SWFSS); NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Region of Durham to commit to a curbside organic waste collection system and expanded recyclables (similar to the cart bin system that is currently provided to the residents of ^mberlea in the City of Pickering's waste diversion pilot project) across the entire Region prior to April 30, 2003 for implementation no later than the end of June 2003 for the expanded recyclables and November 30, 2004 for organics; and FURTHER THAT this resolution be circulated to the other municipalities within the Region of Durham for endorsement with relevant data and information from their municipalities; and FURTHER THAT this motion be circulated to: Roger Anderson, Regional Chair Jack McCorkell, Commissioner of Regional Works Janet Ecker, M.P.P. Pickering-Ajax-Uxbridge (VI) (VII) Council Meeting Agenda Monday, December 16, 2002 7:30 P.M. OTHER BUSINESS CONFIRMATION BY-LAW (VIII) ADJOURNMENT RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Planning Committee dated December 9, 2002, be adopted. CARRIED: MAYOR Appendix I Planning Committee Report PC 2002-10 That the Planning Committee of the City of Pickering having met on December 9, 2002 presents its tenth report to Council: PLANNING & DEVELOPMENT REPORT PD 55-02 PROPOSED AMENDMENTS TO THE DURHAM REGION OFFICIAL PLAN TO ESTABLISH CONFORMITY WITH THE OAK RIDGES MORAINE CONSERVATION PLAN (ORMCP) That Council RECEIVE for information Report Number PD 55-02, respecting proposed amendments to the Durham Region Official Plan to implement the Oak Ridges Moraine Conservation Plan (ORMCP); That Council ENDORSE Report Number PD 55-02, supporting, in principle, the proposed amendments to the Durham Region Official Plan to implement the ORMCP, provided the Proposed Amendments are revised to: · recognize existing uses; · reconcile inconsistencies regarding existing uses; · allow lower-tier municipalities to refine all land use designations, consistent with the ORMCP; · allow "Low-Intensity Recreational Uses" without requiring a Regional Official Plan Amendment; · identify prime agricultural lands; · provide further information and clarification regarding data management and monitoring of the Oak Ridges Moraine and ORMCP; and · recognize Altona as a Hamlet / Rural Settlement; That Council REQUEST that the Minister of Municipal Affairs and Housing amend the Oak Ridges Moraine Conservation Plan to: (i) allow lower-tier municipal Official Plans and/or Zoning By-laws to recognize existing uses that have received Planning Act approvals prior to November 15, 2001; and (ii) recognize Altona as a "Rural Settlement" on the "Oak Ridges Moraine Conservation Plan Land Use Designation Map", numbered 208, dated April 17, 2OO2; That Council RECOMMEND that the Region of Durham request that the Minister of Municipal Affairs and Housing amend the Oak Ridges Moraine Conservation Plan as outlined in Recommendation #3 to Report PD 55-02; -3- PICKERING Appendix I Planning Committee Report PC 2002-10 3 5. That Council REQUEST that the Region of Durham provide lower-tier municipalities an opportunity to comment on any future revisions to the proposed amendments to the Durham Region Official Plan to implement the Oak Ridges Moraine Conservation Plan (ORMCP) prior to adoption by Regional Council; and 6. That the City Clerk FORWARD a copy of Report Number PD 55-02 to: Minister of Municipal Affairs & Housing; Clerk, Region of Durham; and Clerks of lower-tier Municipalities in Durham Region. -4- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Committee of the Whole dated December 9, 2002, be adopted. CARRIED: MAYOR Pi(2K ER1-N Appendix I Committee of the Whole Report COW 2002-12 5 That the Committee of the Whole of the City of Pickering having met on December 9, 2002, presents its twelfth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 52-02 RECREATION, PARKS AND CULTURAL SERVICES MASTER PLAN FINAL REPORT 1. That Report OES 52-02 be received by Council; and 2. That the Recreation, Parks and Cultural Services Master Plan Final Report (November 2002) be endorsed as a planning document; and 3. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 08-02 KINGSTON ROAD DESIGN OPPORTUNITIES STUDY CITY OF PICKERING COMMENTS That Council receive for information Report CAO-08-02 concerning the Kingston Road Design Opportunities Study, prepared by Totten Sims Hubicki Associates (TSH) for the Region of Durham; and 2. That Council endorse the following recommendations: i) That a signalized intersection and formalized pedestrian crossing be established on Kingston Road mid-block between Liverpool Road and Glenanna Road; and ii) That the Region of Durham continue to offer excess road allowance along Kingston Road to abutting private landowners to encourage development opportunities and enhanced landscaped areas on properties fronting Kingston Road; and iii) That the Region of Durham commence the detailed design work of Kingston Road between Pine Creek and the Ontario Hydro Corridor (east of Valley Farm Road) in 2003, and commence the implementation of works in 2004; and 3. That Council authorize the CAO to prepare in 2003 a "5-Year Downtown Implementation Strategy" for Council's consideration. -9- I- ICK E I, l'N(3 Appendix I Committee of the Whole Report COW 2002-12 4. That a copy of this Report and Council's recommendations be circulated to the Region of Durham. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 09-02 DRAFT ENVIRONMENTAL ASSESSMENT GUIDELINES PICKERING (NUCLEAR)WASTE MANAGEMENT FACILITY EXPANSION 1. That Report CAO 09-02 regarding the Pickering (Nuclear) Waste Management Facility Expansion be received; and That Council endorse Report CAO 09-02, including the comments provided by Acres & Associated, as the City of Pickering's comments on the draft EA guidelines for the Pickering (Nuclear) Waste Management Facility Expansion; and That Report CAO 09-02 be forwarded to the Canadian Nuclear Safety Commission for consideration in finalizing the EA guidelines for the Pickering (Nuclear) Waste Management Facility Expansion, to the Ontario Power Generation, and to the Nuclear Waste Management Association for information. CLERKS REPORT CL 40-02 PROPOSED REGIONAL SMOKING BY-LAW That the Council of the City of Pickering hereby advises the Council of the Regional Municipality of Durham that it supports the Regional Smoking By-law, attached as Appendix "D" to Report #2002-MOH-40 of the Commissioner & Medical Officer of Health; and FURTHER that the Council of the City of Pickering states it's objection to any material alteration of the by-law that would lead to weakening any of its provisions; and FURTHER that this motion be circulated to all lower tier municipalities in Durham, to the Regional Chair, the Commissioner and Medical Officer of Health and the Chair of Health and Social Services. -10- 7 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Council pass a Resolution authorizing: (a) the acceptance of an Offer to Purchase those parts of Shirley Drive, Plan 473, designated as Parts 1, 2 and 4, Plan 40R-21488 from Hollinger Construction Limited for the purchase price of $93,260.00, subject to a registered covenant restricting redevelopment of the property to a building height of 9 meters; and (b) the execution of a Transfer of Easement in favour of the City over Parts 2 and 4, Plan 40R-21488 for stormwater management purposes. CARRIED: MAYOR REPORT TO COUNCIL Report Number: PD 56-02 Date: December 6, 2002 Neil Carroll Director, Planning & Development Subject: Sale of Surplus Lands Part of Shirley Drive, Plan 473, Pickering (Parts 1, 2 & 4, Plan 40R-21488) File: RE0202 Recommendation: That Council pass a Resolution authorizing; (a) (b) the acceptance of an Offer to Purchase those parts of Shirley Drive, Plan 473, designated as Parts 1, 2 and 4, Plan 40R-21488 from Hollinger Construction Limited for the purchase price of $93,260.00, subject to a registered covenant restricting redevelopment of the property to a building height of 9 meters; and the execution of a Transfer of Easement in favour of the City over Parts 2 and 4, Plan 40R-21488 for stormwater management purposes. Executive Summary: Not Applicable. Financial Implications: Purchase Price Appraised Value Costs Associated with Disposal of Property $93,260.00 $80,000.00 Reference Plan $2,000.00 Appraisal 1,000.00 Advertising Costs Nil Net Proceeds of Sale $90,260.00 Background: On June 24, 2002, Council passed Resolution #97102, item 6, authorizing staff to commence the process to stop-up and close Shirley Drive for the purpose of sale. Report PD 56-02 Subject: Sale of Surplus Lands - Shirley Drive December 6, 2002 Page 2 9 In accordance with the Municipal Act the appropriate Notices were published respecting the stopping up and closing of Shirley Drive and on July 29, 2002, Council enacted By-law 6017/02 which, upon the registration of same, will formally close Shirley Drive. The property was then offered for sale via the Tender Process and on December 4, 2002, (the closing date for submissions) one acceptable offered was received. That offer is as follows: Purchaser Deposit Purchase Price Closing Date Hollinger Construction $10,000.00 $93,260.00 January 10, 2003. Limited Based Mayor (a) (b) on the above, it is recommended that Council pass a Resolution authorizing the and Clerk to execute all documentation relating to: the sale of those parts of Shirley Drive, Plan 473, designated as Parts 1, 2 and 4, Plan 40R-21488 from Hollinger Construction Limited for the purchase price of $93,260.00, subject to a registered covenant restricting redevelopment of the property to a building height of 9 meters; and the registration of a Transfer of an Easement in favour of the City over Parts 2 and 4, Plan 40R-21488 for stormwater management purposes. Attachments: 1. Location Map. Prepared By: Denise Bye, Coordinator Property & Development Services DB:jf Attachments Copy: Chief Administrative Officer JRecommended for the c~?nsideration~f Pickering City Counc,,j:P" ,~../. I-/ymas J. Quinn, ~;h~ef Administra!~te Officer Approved / Endorsed.By: Ne~l C~f,~, RPP Director,"Pla~nning & Development HILL ROAD HILt. City of Pickering ROAD A'TWOOD Planning & Development Department IDATE MAY 30, 2002 December 10, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Bruce Taylor City Clerk Tyler Barnett Senior Planner - Site Planning Zoning By-law Amendment Application A 13/02 591658 Ontario Limited Lots 1-7 and 10, Plan M-1040 (South-west corner of Squires Beach Road and Bayly Street) City of Pickering City Council, on October 21, 2002, approved the above-noted application to amend the existing zoning of the lands to expand the range of employment area related uses on the subject property. The applicant was required to identify the boundary and associated buffer area of the existing wetland, to the satisfaction of the Toronto and Region Conservation Authority (TRCA). The TRCA has confirmed their acceptance of the wetland boundary and has recommended the inclusion of a 10-metre buffer, which has been included within the "OS-HL" - Open Space Hazard Land zoning designation. The draft by-law incorporates an "(H)" Holding provision, which will not be lifted until the owner has entered into appropriate agreements with the City of Pickering (and\or the Region of Durham) to address site servicing and site development. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council at their meeting scheduled for December 16, 2002. A Statutory Public Meeting was held for this application on August 22, 2002. The purpose and effect of this by-law is to amend the existing zoning of the lands to expand the range of employment area related uses on the subject property. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Direclor, ~~ Development TB/ Tbamett~lnvaABylaw Memo.doc Attachment 12 THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. 6070/02 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Lots 1-7 and 10, Plan M-1040, City of Pickering. (A13/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to broaden the range of permitted employment area uses on the subject lands, being Lots 1-7 and 10, Plan M-1040, City of Pickering; AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lots 1-7 and 10, Plan M-1040, City of Pickering, designated "(H)MC-17" and "OS-HL" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. (1) (2) (3) DEFINITIONS In this By-law, "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing or designed to appeal to erotic or sexual appetites or inclinations; "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; "Banquet Facility" shall mean a building or part of a building used for the purposes of catering to banquets, weddings, receptions, or similar functions for which food and beverages are prepared and served on the premises but shall not include a restaurant; (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; "Club" shall mean a building or part of a building in which a not-for-profit or non- commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; "Dry Cleanin.q Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to such processes; "Dry Cleaninq Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; "Exhibition Hall" shall mean a building or part of a building where the temporary exhibition of music, art, goods, wares, and the like are displayed and made available for sale and which may include a flea market use; "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; "Flea Market" shall mean a building or part of a building in which stalls or sales areas are set aside and rented or otherwise provided where groups of individual sellers offer goods, new and used, for sale to the public; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; "Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Li.qht Machinery and Equipment Supplier" shall mean a building or part of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand power tools and similar products are stored, offered or kept for wholesaler retail sale to industrial or commercial establishments; (18) (19) (20) (21) (22) (23) (24) (25) "Li.qht Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plastic ware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (a) (b) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; "Lot Covera.qe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Fronta.qe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Manufacturinq Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, or an adult entertainment parlour as defined herein; "Place of Assembly" shall mean a building or part of building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; (26) (27) "Place of Worship" shall mean a building or part of building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre, or nursery school; "Printing Establishment" shall mean an establishment Used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; (28) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (29) (3O) "Restaurant - Type F" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises, and which may include a drive through, order and pick-up service; "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (31) "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; (32) (33) "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; (34) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; (35) '~Narehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; (36) '~Vaste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; 16 (37) (a) __ "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Ftanka.qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flanka.qe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and (j) "Interior Side Yard" shall mean a side yard other than a fla,kage side yard. PROVISIONS (1) Uses Permitted ("MC-17" Zones) No person shall within the lands designated "MC-17" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) bakery; (b) banquet facility; (c) business office; (d) club; (e) commercial club; (f) commercial-recreational establishment; (g) commercial school; (h) convenience store; (i) dry cleaning depot; (j) dry cleaning establishment; 17 (k) exhibition hall; (I) financial institution; (m) food preparation plant; (n) light machinery and equipment supplier; (o) light manufacturing plant; (p) merchandise service shop; (q) office-associated commercial establishment; (r) personal service shop; (s) place of amusement or entertainment; (t) place of assembly; (u) place of worship; (v) printing establishment; (w) professional office; (x) restaurant - Type F; (y) sales outlet; (z) scientific, medical or research laboratory; (aa) vehicle repair shop; (bb) vehicle sales or rental establishment; (cc) warehouse; (2) Zone Requirements ("MC-17" Zone) No person shall within the lands designated "MC-17" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING LOCATION AND SETBACKS (minimums): (b) (c) A from Bayly Street and Squires Beach Road 7.5 metres; B from the railway right-of-way 15.0 metres; C from all other lot lines 3.0 metres; D from the "OS-HL" Zone boundary 5.0 metres; BUILDING HEIGHT (maximum): 12.0 metres; OPEN STORAGE: All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. (d) PARKING REQUIREMENTS: A C There shall be provided and maintained on the lot a minimum of 10.0 parking spaces for each 100 square metres or part thereof gross leasable floor area of the exhibition hall; There shall be provided and maintained on the lot a minimum of 1.0 parking space for each 56 square metres or part thereof gross floor area of all industrial uses; There shall be provided and maintained on the lot a minimum of 5.5 parking spaces for each 100 square metres of gross leasable floor area for all other uses; D Sections 5.21.2(a) and 5.21.2(b) of By-law 2511 as amended shall not apply to the lands designated "MC-17" on Schedule I attached hereto; E Notwithstanding section 5.21.2(g) of By-law 2511, as amended, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (3) (8) (e) SPECIAL REGULATIONS: A A sales outlet shall be permitted only if accessory to a bakery, a food preparation plant, a light manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the bakery, food preparation plant, light manufacturing plant, merchandise service shop, printing establishment, or warehouse; B Notwithstanding Clause A above, a sales outlet may exceed 25% of the gross leasable floor area up to a maximum of 40% of the gross leasable floor area of the bakery, food preparation plant, light manufacturing plant, merchandise service shop, printing establishment, or warehouse, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area that buildings; C The maximum aggregate gross leasable floor area shall be: (i) for all convenience stores on the lot: 325 square metres; (ii) for all office-associated commercial 325 square establishments on the lot: metres; (iii) for all personal service shops on the lot: 325 square metres; D F (iv) for all restaurants - Type F on the lot: 1300 square metres; The maximum aggregate gross leasable floor area for all exhibition halls shall be 12,750 square metres; office-associated commercial establishment and convenience store uses shall be permitted only on the lands diagonally-hatched on Schedule I attached hereto; Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-17" on Schedule I attached hereto. Uses Permitted "(H)" Holding Zone) Despite the provisions of Clause l(a), while the "(H)" holding symbol is in place, no person shall, within the lands zoned "(H)MC-17" on Schedule I attached hereto, use any lot or erect, alter or use any buildings or structure for any purpose except those uses in Section 16.1 of By-law 2511. (b) Removal of "(H)" Holdin.q Symbol Prior to an amendment to remove the "(H)" - Holding Symbol preceding the "MC-17" zone designation, the owner is required to execute appropriate agreements with and to the satisfaction of the City of Pickering (and\or the Region of Durham), and such agreements have been registered on title to the lands, to provide for the development of buildings or structures in accordance with the provisions of subsection 5.(1) of this By-law. (4) (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife; (ii) resource management; (iii) pedestrian trails and walkways; (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. BY-LAW 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this ].6 day of December ,2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 19 2O OS-HL \ '" ~'H)MC-17 \ PARTS 1 - 14, 17 - 20, 40R- 18728 \ \ SCHEDULE T TO BY-LAW 6o?o/o2 PASSED THIS 16th DAY OF December 2002 MAYOR CLERK ..QUARTZ ST. n~ ~ PROPERTY BAYLY STREET :BROOK ~ 7 0 n City of Pickorin~ ?lannin~ & Do¥olopmont Departmont I "DATE DEC 11/02 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 22 December 6, 2002 To: Bruce Taylor City Clerk From: Denise Bye Coordinator, Property & Development Services Subject: Part Lot Control By-Law - Cougs (Valleyfarm) Ltd. - Blocks 24, 25 and 27, Plan 40M-2089 - File: PLC.227 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on each of the blocks referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for December 16, 2002. DB:bg Attachment Denise Bye THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to exempt Blocks 24, 25 and 27, Plan 40M-2089, Pickering, from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of the municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Blocks 24, 25 and 27, Plan 40M-2089, Pickering. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on December 16, 2003. BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk BOULEVARD G ETA CIRCLE ;:)REYBER COUR COURT PORTLAND COUR' City of Pickering Planning & Development Department PART LOT CONTROL BLOCKS 24, 25, AND 27, 40M-2089 IDATE DEC 4, 2002 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 25 November 25, 2002 To: Bruce Taylor City Clerk From: Denise Bye Coordinator, Property & Development Services Subject: Part Lot Control By-Law ~ Bopa Developments Inc. - Lots 12, 13, 14, 15, 16, 23, 24, 25, 26 and 27, Plan 40M-2086 - File: PLC.226 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on each of the lots referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for December 16, 2002. DB:bg Attachment Denise I~e 26 THE CORPORATION OF THE CITY OF PICKERINC, BY-LAW NO. 607:~/0:~ Being a by-law to exempt Lots 12, 13, 14, 15, 16, 23, 24, 25, 26 and 27, Plan 40M-2086, Pickering, from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of the municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5)of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Lots 12, 13, 14, 15, 16, 23, 24, 25, 26 and 27, Plan 40M-2086, Pickering. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on December 16, 2003. BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk PLC.226 TF~uN~( LINE FINCH PROPERTIES AVENUE City of Pickering Planning & Development Department PART LOT CONTROL LOTS 12 -16 INCL. AND 23 -27 INCL., 40M-2086 IDATENOV 25,2002 28 December 2, To: From: Subject: PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 2002 Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law Danlu Holdings Limited Blocks 29 and 30, Plan 40M-1981, Pickering File: Roadded.417 When the above-noted plan was registered, the reserve blocks referred to were conveyed to the City along Sparrow Circle. These reserves were intended to be dedicated as public highway upon the development of adjacent lands. As it has been determined that the road works and adjacent lands have been constructed to standards sufficient to permit public access, the required dedication should therefore be made. Attached hereto is a location map and a draft by-law, enactment of which will lift the 0.3 metre reserves thus permitting legal access to the adjacent lands. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for December 16, 2002. DB: Attachments Denise BCe Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. 6073/0'~ Being a by-law to dedicate Blocks 29 and 30, Plan 40M-1981, Pickering (Sparrow Circle) as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 29 and 30, Plan 40M-1981, Picketing, and wishes to dedicate them as a public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Blocks 29 and 30, Plan 40M-1981, Pickering, are hereby dedicated as public highway (Sparrow Circle). BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. .417 Wayne Arthurs, Mayor Bruce Taylor, Clerk 29 3O SPARROw O HICKADE J City of Pickerin§ Planning & Do¥olopmont Dopartmont ROAD DEDICATION - SPARROW CIRCLE BLOCKS 29, 30, 40M-1981 iV~ '~ I DATE DEC 02, 2002 December 2, To: From: Subject: PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 2002 Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law 668390 Ontario Limited Those Parts of Reserve Block 44, Plan 40M-1739, Pickering, Designated as Parts 4 and 5, Plan 40R-21113 File: Roadded.418 When the above-noted plan was registered, the reserve block referred to was conveyed to the City along Rockwood Drive. This reserve was intended to be dedicated as public highway upon the development of adjacent lands. As it has been determined that the road works within this plan and adjacent lands have been constructed to standards sufficient to permit public access, the required dedication should therefore be made. Attached hereto is a location map and a draft by-law, enactment of which Will lift the 0.3 metre reserve thus permitting legal access to the adjacent lands. This by-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for December 16, 2002. DB: Attachments Denise eye- Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control 32 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 607z~/02 Being a by-law to dedicate those parts of Block 44, Plan 40M-1739, Pickering, designated as Parts 4 and 5, Plan 40R- 21113, (Rockwood Drive) as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 44, Plan 40M-1739, Pickering, and wishes to dedicate a portion thereof as public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: those parts of Block 44, Plan 40M-1739, Pickering, designated as Parts 4 and 5, Plan 40R-21113 are hereby dedicated as public highway (Rockwood Drive). BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk .418 Ld c-- ~ ~ Ol :;o ~ )' 0 t.d ~ .0 -.I 0 fi,' ~-~. IZi .__SCENT --~ _.. O ~Ul STREET ' ~_ i,i PROHILL ST. ;T~EET ~ ~ :- ~: 0 c3 h-- g ESCENT :D , City of ~ickorin~ Plannin~ & Devolopment Dopartmont ROAD DEDICATION ¢ PART BLOCK 44, 40M-1739; PARTS 4 & 5, 40R-21113 DATE NOV 25, 2002 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER ~n?~/n~ Being a By-law to prescribe a tariff of fees for the processing of planning applications received after January 1,2003. WHEREAS pursuant to the provisions of Section 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the council of a municipality, by by-law, may prescribe a tariff of fees for the processing application made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment of the processing of each type of application provided for in the tariff, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF P1CKERING ENACTS AS FOLLOWS: Every application received by the City of Pickering for the processing of a planning matter described in Column I of Schedule "A" attached hereto shall be accompanied by the fee prescribed for such matter in Column II thereof, without which fee the application shall be deemed to be incomplete. 2. By-law Number 5355/98 is hereby repealed. 3. This By-law shall take effect as of January 1,2003. BY-LAW read a first, second, and third time and finally passed this 16 day of Deoembe r ,2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk ATTACHMENT# ~* TO REPORTer PO ~ 35 SCHEDULE "A" TO BY-LAW COLUMN I COLUMN II Item Type of Application/Service Fee 1. Regional Official Plan amendment (which is $1,000 not part of a Local Plan Amendment) 2. Local Official Plan Amendment $2,200 3. Zoning By-law Amendment including $1,200 Temporary Use By-laws 4. Removal of Holding Zone $350 5. Draft Plan of Subdivision $1,500 plus $50 per unit to a maximum of $5,000 6. Revisions to Draft Plan of Subdivision, $500 Rezoning and Local Official Plan amendments that require recirculation by the city. 7. Draft Plan of Condominium $800 8. Condominium Conversion $1,000 9. Minor Variance - $350 for existing situations - $450 for vacant land - $200 for residential accessory structures (shed, detached garage, carport, gazebo or deck) $50 for Tabling an application 10. Site Plan (Including major revisions) $625 plus $65 per residential unit to a maximum of $6,250 $625 plus $345 per 2,000 square metres (or part thereof) for commercial or commercial/residential to a maximum of $6,250 - $625 all others 11. Minor Revision to Approved Site Plan $250 12. Major Revision to Approved Site Plan $625 13. Site Plan Clearance/Conformity/Letter of $250 Credit Release Report 14. Minister's Zoning Order $200 15. Compliance Letter for Ministry Licences $50 3fi THE CORPORATION Of THE CITY Of PICKERING BY-LAW NO. 6076~02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1792 Liverpool Road, 1210 & 1235 Radom SL, 1310 Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar Rd., 1530, 1540, 1625 and 1655 Pickering Parkway, 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 925 Bayly St., 1360 & 1885 Glenanna Rd., 1958 & 1975 Rosefield Rd., 1880 & 1890 Valley Farm Rd. and 1650 Kingston Road.) WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P. 15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering I order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1792 Liverpool Road, Loblaws Store: Fabio Guglielmi Diane Diaz b) 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar Rd., 1530, 1540, 1625 and 1655 Picketing Parkway, 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 925 Bayly St., 1360 & 1885 Glenanna Rd., 1958 & 1975 Rosefield Rd., 1880 & 1890 Valley Farm Rd. and 1650 Kingston Road.: Matt Arvisais Daniel Bassant Lloyd Steiger Len Wamer The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section l(a) ceasing to be employees of Nemesis Secudty Services Inc. or upon Nemesis Secudty Services Inc. ceasing to be an agent of 1792 Liverpool Road, Loblaws Store, or in section l(b) ceasing to be employees of Group 4 Falck Ltd. or upon Group 4 Falck Ltd. ceasing to be an agent of 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar Rd., 1530, 1540, 1625 and 1655 Picketing Parkway, 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 925 Bayly St., 1360 & 1885 Glenanna Rd., 1958 & 1975 Rosefield Rd., 1880 & 1890 Valley Farm Rd. and 1650 Kingston Road, or upon whichever shall occur first. By-law Number 5401/98 is hereby deleted and By-law Number 6001/02 is hereby amended by deleting David Annis and Amit Sharma. BY-LAW read a first, second and third time and finally passed this 16 day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk 38 PICKERING REPORT TO THE Council Report Number: OES 58-02 Date: December 9, 2002 From: Everett Buntsma Director, Operations & Emergency Services Subject: Hydro One Networks Inc. Licence to Park Vehicles (Don Beer Parking Lot) File: CR1000 Recommendation: That a By-law be enacted to authorize the execution of a renewal for expired Licence Agreement (to park vehicles on the lands located on Part of Lots 19 and 20, Concession, B.F., Range 3, City of Pickering), these lands are owned by Hydro One Networks Inc. (HONI). The renewal term is effective February 29, 2000 until December 1, 2002 for the first term then from December 1, 2002 expiring December 1, 2007 for the second term; and 2. That the appropriate officials of the City of Pickering be given authority to give effect thereto Executive Summary: Not Applicable Financial Implications: $4,810 per year until expiry date of December 21, 2007 Background: The Corporation of the City of Pickering and Hydro One Networks Inc. (HONI) have mutually agreed to an extension of the term of the Licence Agreement for use of the above noted property as a parking lot at Don Beer Sports Arena. The terms and conditions of the Licence Agreement copy attached (Schedule "A") shall, unless specifically modified or amended herein, continue to remain in full force and effect and unamended during the Renewal Term and the Second Renewal Term. There is some urgency regarding this item as HONI have been directed by the Province to initiate and finalize administrative matters of all such licences by the end of 2002. Approval of the recommendations will freeze all net costs for 5 years. Report OES 58-02 Subject: Hydro One Networks Inc. -Licence to Park Vehicles (Don Beer Parking Lot) Date: December 9, 2002 Page 2 39 Attachments: 2. 3. 4. Schedule "A" Letter of Agreement from Hydro One Networks Inc. (Schedule "B") Location Map By-law Director, Operations & Emergency Services EB:mld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci~~~~ il o'-mas J. t~inn, Chief Administrative Officer ATTACHHENT#,,,,,,,,,Z_. TO REPORT# SCHEDULE "A" 1. The Licensee shall at its own expense erect end'.maintain barriers to protect all present and any future works of the Licensor on the land according to specifications of the Licensor. 2. The construction or siting of any building and structures, and any grading and the planting of trees, must first receive the approval of the Licensor. 3. The Licensee shall, at its own expense, grade and resurface the lend and provide suitable drainage, and designate areas within the land for parking of vehicles and for use as driveways and for entrances and exists, all at its own expense, in order to propedy maintain and operate the land forthe purpose of parking motor vehicles. 4. The Licensee shall pay the amount of any additional taxes, rates, and assessments, or grants in lieu thereof that may be charged or levied against the Licensor by reason of the Licensee's use of the land for the parking of motor vehicles. 5. This Licence may be terminated by either party hereto at any time after the expiration ofthe initial term hereof upon six months' notice in writing. 6. All persons and property at any time on the land shall be at the sole risk of the Licensee, and the Licensor shall not be liable for any loss, damage, or injury (including loss of life) to them or it however occurring, unless caused or contributed to by the neglect or default of the Licens ..r. 7. The Licensee shell assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Licence or anything done or maintained by the Licensee thereunder or intended so to be and the Licensee shall at all times indemnify and save harmless the Licensor from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims, or demands arising therefrom or connected therewith; provided that the Licensee shall not be liable to the extent to which such loss, damage, or injury is caused or contributed to by the neglect or default of the Licensor. 8. The Licensee shall at its own expense, arrange and maintain sufficient liability insurance in order to indemnify the Licensor as provided for in paragraphs 6 and 7 of this Licence. 9. The Licensee shall maintain the said lands and any ofthe Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. In the event the Licensor considers it necessary that any part or parts of the perimeter of the said lands or any of the Licensee's installations thereon be fenced it shall be done at the expense of the Licensee, 10. The Licensee shall not interfere in any way with or cause any damage to any works of the Licensor now existing or hereinafter constructed on the said lands, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near the Licensor's conductors will not exceed thirteen and one-half {13t/2') feet above the existing grade. 11. The Licensee shall comply with the Design Standards of the Licensor, Canada Standards Association Standard C-22.3, the 'Safety Rules and Standard Protection Code' of the Licensor, the Construction Safety Act, R.S.O. 1973 and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 12. The Licensor may at any time upon reasonable notice or i n case of emergency without a ny notice enter on the land and inspect, maintain, repair and remove any of its works located thereon and may construct, inspect, maintain, repair and remove any new works on the land subject to an adjustment in rent for any disturbance to the Licensee's use of the said land for the purpose set out herein. 13. This licence and the rights granted hereby shall be subject to all leases, licences, or any rights of use or occupation existing at the date hereof, and the Licensor may from time to time renew or extend them or make new ones so long as they do not interfere unreasonably with the rights granted hereby. 14. This Licence and all rights granted hereby shall not be assigned by the Licensee and it shall be and remain the responsibility and obligation of the Licensee to enforce adherence tothe terms and conditions herein contained. 15. If in the opinion of the Licensor the Licensee does anything or permits anything to be done on the said lands which may be a nuisance or cause damage, the Licensor shall notify the Licensee of such activity and t'he Licensee sha~l have thirty {30) days in which to remedy such nuisance and failing so to do the Licensor may terminate the Licence forthwith in whole or in part, 16. Upon termination of this Licence the Licensor may require the Licensee at its own expense to remove any of its installations and facilities from the said lands and restore the said lands to a condition satisfactory to the Licensor. 17. The Licensee shall pay to the Licensor in addition to any other monies payable hereunder during the term of this Licence or any extension thereof an amount equal to one-half (1/2) of the annual taxes or grant in lieu thereof assessed or levied against the said land. 18. The Licensee shall have the right to renew this Licence at its expiTation for a ~urt:har ten~ o£ f~:l. ve (5) years upon t:he same tense and condicton~ save as to the rental which shall be detemined ac the cmmmuc~nC chereo£ and save as x~.y~)~o the rLSh~ og any f~u~b~r renewal. flew ~-75 Hydro One Networks Inc. Real Estate Services 483 Bay Street 12th floor, North Tower Toronto, ON M5G 2P5 www. HydroOne.com Toll-Free: 1-888-231-6657 .ATTACHMENT # ~...... TO REPORT hydrsn The Corporation of the City of Pickering Operations and Emergency Services Department Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 December 4, 2002 File: Pickering 632.1-504 Attention: Mr. Everett Buntsma, N.P.D., C.M.M. HYDRO ONE NETWORKS INC. LICENCE TO PARK VEHICLES PART OF LOTS 19 AND 20~ CONCESSION B. F.~ RANGE 3~ CITY OF PICKERING We are writing with respect to the licence between Ontario Hydro and The Corporation of the City of Pickering dated June 6, 1990, with respect to the property noted above, and amended via letter agreement on December 12, 1996 (the "Licence"). Ontario Hydro's interest as licensor in the Licence was transferred to Hydro One Networks Inc. ("HONI") by or pursuant to a transfer order under the Electricity Act, 1998, which transfer has taken effect. This letter serves to confirm our mutual agreement to extend the original term of the Licence effective from February 29, 2000 (the "Renewal Date") until December 1, 2002 (the "Renewal Term") and the parties have further agreed to an extension of the term of the Licence effective from December 1, 2002 until December 1, 2007 (the "Second Renewal Term"). All other terms and conditions of the Licence shall, unless specifically modified or amended herein, continue to remain in full force and effect and unamended during the Renewal Term and the Second Renewal Term. Please confh-m your agreement to the foregoing by signing and returning to us one fully executed original copy of this letter. HYDRO O N~ORKS,'I~C. I ~~ Real/Estate Coordinator I have authority to bind the corporation. The undersigned agrees to the above as of the date set forth above: THE CORPORATION OF THE CITY OF PICKERING Per: Name: Title: Per: Name: Title: We/I have authority to bind the corporation. ~- 42 ~ ,. ,. O - ~~/ ARENA ......... QUIQLEY STR[ET OPE~TIONS & EMERGENCY SERVICES DEPARTMENT ATTACH M E N T F O R RE PO RT [n~n[[~n~ ~v,s~on DON BEER ARENA ......... ": PARKING LICENCE PI(~K AlOnG 1:4000 DECEMBER 10~2002 © © - DON BEER ARENA ......... ©UIGLEY STR~-ET © z L.'I/dP&£\THE~AF/£ MAPPING\MAPS\STREET 8ASE\OE~S DIRECTOR\A~TACHMENT FOR REPORT\ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a renewal for a Licence Agreement between Corporation of The City of Pickering and Hydro One Networks Inc. WHEREAS, Arena; and The Corporation of the City of Pickering is the owner of the Don Beer WHEREAS, Hydro One Networks Inc. (HONI) are the owners of the lands located on Part of Lots 19 and 20, Concession, BF. Range 3, (City of Pickering), of which the City of Pickering requires the use of these lands for parking purposes at the Don Beer Arena; and WHEREAS, pursuant to the provisions of paragraph 207 (58) and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for maintaining, operating and managing community recreation centers and arenas. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form attached as Schedule B between the Corporation of the City of Pickering and Hydro One Networks Inc. (HONI) for the continued used of the said lands for the purpose of using as a parking lot. BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6077~02 Being a by-law to authorize the execution of a renewal for a Licence Agreement between Corporation of The City of Picketing and Hydro One Networks Inc. WHEREAS, The Corporation of the City of Pickering is the owner of the Don Beer Arena; and WHEREAS, Hydro One Networks Inc. (HONI) are the owners of the lands located on Part of Lots 19 and 20, Concession, BF. Range 3, (City of Pickering), of which the City of Pickering requires the use of these lands for parking purposes at the Don. Beer Arena; and WHEREAS, pursuant to the provisions of paragraph 207 (58) and 191 of the Municipal Act, R.S.O. 1990, chapter M.45, as amended, the Council of the Corporation of the City of Pickering may pass by-laws for maintaining, operating and managing community recreation centers and arenas. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute a Licence Agreement, in the form attached as Schedule B between the Corporation of the City of Pickering and Hydro One Networks Inc. (HONI) for the continued used of the said lands for the purpose of using as a parking lot. BY-LAW read a first, second and third time and finally passed this 16th day of December, 2002. Wayne Arthurs, Mayor Bruce Taylor, Clerk NOTICE OF MOTION DATE: DECEMBER 16, 2002 MOVED BY: COUNCILLOR McLEAN SECONDED BY: COUNCILLOR HOLLAND That a grant in the amount of $1,500.00 be made to the Durham Region Senior Games in support of competitions in the Region of Durham in 2003 for persons over fifty-five years of age; and That this grant be charged to Account 2195 (Grants to Organizations & Individuals). CARRIED: MAYOR Btaylor:Notices of Motion:Grant to Durham Region Senior Games November 12, 20~ The City of Pickering DU M .GION' SENIOR G MES Open to all residents of Durham Region 55 years and over Pickering, Ontario LIW 1V2 905-839-2467 905-683-4064 Attn: Bill McLean The Durham Region Senior Games provide a Forum for all those in the Region over fifty five years of age~nnap-p~f~.-one, o.~_ the games listed at the bottom of the a e. It i re · · ~.~ .... p g s the spon~ty of the Durham Reg~ol~.enlor Games committee to insure that adequate facilities are a~ilable in the Region for all eomi~etition~ to take place starting in March and ending no later an the~first week of June!! / " ~-------._.~ As state ore, ~e · · · "'. ~ iht~es are avadable, we also provide the game monitors, the meals, the~ats.and/or badges and every other year transportation to the Ontario Games. Our only financial help comes from membership registration and donations from Business in the Durham region. We have raised membership registration fees twice in the past three years, but unless we get more help from the businesses in the Durham Region we will not be able to meet expenses. We offer our sponsors several ways to participate Sponsor your own event Team with another Sponsor Make a donation for general sponsorship. Please give the above your kindest consideration. Sincerely Tony Kopp, Public Relations Donna Anderchuk, Presedent Ontario Ministry of Citizenship, Culture, and Recreation Summer Games - Bridge - Bid Euchre - Carpet Bowl - Darts - Euchre - Cribbage - Golf- Horseshoes - Lawn Bowling - Snooker - Swimming Tennis - Walking - Shuffleboard - 5Pin Bowl Winter Games - Alpine Skiing - Badminton - Curling - Ice Hockey - Nordic Skiing - Skating - Volleyball - 10Pin Bowl 47 NOTICE OF MOTION DATE: DECEMBER 16, 2002 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR RYAN WHEREAS the City of Pickering has undertaken a pilot project for the curbside collection of organics and expanded recyclables which has achieved a diversion rate of over 60% in the test community of Amberlea while achieving widespread public acceptance and approval; and WHEREAS the City of Pickering embarked upon the above noted pilot project to prove that achieving greater than 50% diversion in Durham is possible today; and WHEREAS the residents of the City of Pickering and the Council of the Corporation of the City of Pickering have long stated that they are ready for a curbside composting program and expanded recyclables across the City to deliver a diversion rate in excess of 50%; and WHEREAS the Region of Durham stands to financially benefit from the diversion of waste from landfill as it will not have to pay to dispose of that waste; and WHEREAS the City of Pickering does not have the financial capacity to implement an organic curbside collection service or jurisdictional authority to expand the current list of recyclable materials; and WHEREAS the Government of Ontario has created significant incentives to municipalities that achieve waste diversion rates greater than 50% but many of those incentives are time sensitive; and WHEREAS residents expect the Region of Durham to act expediently on the issue of waste diversion and implement proven technologies for the benefit of the environment and future generations; and WHEREAS the Region of Durham has debated and considered the issue of increased recyclables and curbside collection of organics since 1994 and has yet to commit to a program; and WHEREAS the Region of Durham will be reviewing its waste management practices at the end of February or the beginning of March of 2003 through the 'Solid Waste Financing and Servicing Study' (SWFSS); NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Region of Durham to commit to a curbside organic waste collection system and expanded recyclables (similar to the cart bin system that is currently provided to the residents of Amberlea in the City of Pickering's waste diversion pilot project) across the entire Region prior to April 30, 2003 for implementation no later than the end of June 2003 for the expanded recyclables and November 30, 2004 for organics; and FURTHER THAT this resolution be circulated to the other municipalities within the Region of Durham for endorsement with relevant data and information from their municipalities; and FURTHER THAT this motion be circulated to: Roger Anderson, Regional Chair Jack McCorkell, Commissioner of Regional Works Janet Ecker, M.P.P. Pickering-Ajax-Uxbridge CARRIED: Btaylor:Notices of Motion:Waste Diversion MAYOR THE FOLLOWING MOTION WILL BE CONSIDERED COUNCIL AT ITS FIRST MEETING IN JANUARY, 2003: BY REGIONAL WHEREAS the Region of Durham will be reviewing its waste managemem practices at the end of February or the beginning of March through the 'Solid Waste Financing and Servicing Study' (SWFSS); and WHEREAS there is tremendous public support and demand to achieve a waste diversion ratio greater than 50% by increasing the number of recyclables and adding organic curbside collection; and WHEREAS the Region of Durham will financially benefit from a higher diversion rate by reducing the amount it must pay to landfill garbage; and WHEREAS significant Provincial incemives exist to achieve diversion ratios of greater than 50% but those incentives are time sensitive and could disappear if the Region of Durham does not act expediently; NOW THEREFORE the staff of the Corporation of the Region of Durham present through the SWFSS a plan to implement expanded recyclables across the region by June 30, 2003 and implemem a curbside organic collection system prior to November 30, 2003; and FURTHER THAT Regional Council affirms its support for the implementation of waste diversion program that diverts greater than 50% of the waste produced in Durham prior to the conclusion of 2003 with the details to be determined through the SWFSS; and FURTHER THAT the SWFSS provide all funding opportunities for the implementation of the program described in the first operative clause as well as program costs and potential savings; and FURTHER THAT this motion be circulated to all lower tier Mayors within the Region and all area M.P.P.s.