HomeMy WebLinkAboutApril 17, 2001CKER,
AGENDA
COUNCIL MEETING
Anne Greentree
Supervisor, Legislative Services
APRIL 17, 2001
AGENDA
COUNCIL MEETING
TUESDAY, APRIL 17, 2001
1.
(III)
1.
ADOPTION OF MINUTES
Regular Meeting of April 2, 2001
Special Meeting of April 2, 2001
Special Meeting of April 2, 2001
DELEGATION
Vivian VanDenHazel, will address Council concerning the Safer Streets
Management Strategy.
RESOLUTIONS
To adopt the Executive Committee Report dated April 9, 2001.
Traffic
PAGE
1-2
(IV) BY-LAWS
By-law Number 5824/01
Being a by-law to dedicate Part Lot 21, Concession 2, Picketing, designated as Parts 4 and
12, Plan 40R-19595 (Valley Farm Road) as public highway.
By-law Number 5825/01
Being a by-law to rename Local Councillor title to "City Councillor".
.By-law Number 5826/01
Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking
Regulation- 2200 Brock Road.)
3-5
6
.NOT/CE OF MOTION
Moved by Councillor Holland
Seconded by Councillor McLean
1. That Resolution #122/99, Item #1, which was tabled at the Council Meeting of May
31, 1999 and which reads as follows, be now lifted fi.om the table:
That Zoning By-law Amendment Application A 22/98, submitted by Grant
Morris Associates Limited on behaff of J. & K. Shopping Centre Inc., on
lands being Block I, Plan 40M-1236, Town of Pickering, to amend the zoning
on the subject lands by adding additional uses, be APPROVED, subject to
the conditions outlined in Appendix I to Recommendation Report No. %99,
as revised to amend all references to restaurant-type A to a sit down only
restaurant; and further
8
That the owner provide a fully enclosed, roofed garbage structure on-site.
That the amending zoning by-law to implement Zoning By-law Amendment
Application A 22/98, as set out in draft in Appendix II to Recommendation
Report No. 7-99, be forwarded to Town Council for enactment, with
appropriate revisions to address a sit-down only restaurant.
That By-law Number 5500/99 to amend Restricted Area (Zoning) By-law 3036, and
amending By-laws 1158/80 and 3878/91, to implement the Official Plan of the Town
of Pickering District Planning Area, Region of Durham in Block 1, Plan 40M-1236,
in the Town of Pickering (A 22/98), which was tabled at the Council Meeting of May
31, 1999, be now lifted from the table.
Moved by Councillor Holland
Seconded by Councillor McLean
9-31
WHEREAS the City of Pickering is committed to the licensing of dogs and cats and
advocates the duty of every dog and cat owner to adhere to the City By-law that sets out a
pet owner's obligations in this matter; and
WHEREAS the practice of commissioned salespeople knocking on doors to seek out
those who have not fulfilled their responsibility to participate in the licensing program
has resulted in a wide number of complaints; and
WHEREAS no other City By-law is enforced through door-to-door canvassing; and
WHEREAS there are a wide array of important City By-laws in the City that are in equal
or greater need of enforcement that are not enforced so aggressively; and
WHEREAS the practice of returning to the same doors every year by commissioned '
salespeople is invasive and redundant;
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
directs staffto end the door-to-door dog/cat licensing initiative; and
THAT through the Council representative to the Pickering-Ajax-Whitby Animal Control
Centre, (PAW), PAW be thanked for its on-going commitment to the licensing of dogs
and cats and that the content of this motion be conveyed to PAW at its next regular
meeting.
(VI) OTHER BUSINESS
{VII) CONFIRMATION BY-LAW
(VIII) ADJOURNMENT
001
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Executive Committee dated April 9, 2001, be adopted.
CARRIED:
MAYOR
002
APPENDIX #1
CITY OF PICKERING
That the Executive Committee of the City of Pickering having met on April 9,
presents its seventh report to Council and recommends:
OPERATIONS & EMERGENCY SERVICES REPORT OES 07-01
CONSTRUCTION PRIORITIES FOR REGIONAL ROADS
WITHIN THE CITY OF PICKERING
2001,
That Report OES 007-01 recommending Regional Road construction priorities
within the City of Picketing be received, adopted and forwarded to the Regional
Municipality of Durham requesting that its recommendations be considered in the
2001 Budget and multi-year Capital Forecast.
OPERATIONS & EMERGENCY SERVICES REPORT OES 09-01
PUBLIC WORKS OFFICIALS "WHO DOES WHAT"
STAGE II SERVICES REVIEW STUDY
That Report to Council OES 09-01 concerning Public Works Officials "Who
Does What" - Stage ti Services Review Study, be received; and
1. That the Director, Operations & Emergency Services or his designate continue
to participate in the Stage II Service Review.
2. That staff report back to Council upon completion of the Stage II Services
Review Study
o
OPERATIONS & EMERGENCY SERVICES REPORT OES 10-01
SAFER STREETS TRAFFIC MANAGEMENT STRATEGY
1. That Report OES 010-01 regarding the Safer Streets Traffic Management
Strategy be received for information; and
2. That the Draft Safer Streets Traffic Management Strategy (under separate
cover) be received for information, and that staff be authorized to commence
Phase 2 of the work plan: Community Consultation, for a three month period
prior to finalizing the Strategy; and
3. That staff report back to Council on or before the September 24, 2001
Executive/Council meeting with a Final Safer Streets Traffic Management
Strategy, including the results of the Community Consultation phase.
CORPORATE. SERVICES REPORT CS t04)1
STATEMENT OF THE TREASURER RESPECTING 2000 REMUNERATION
AND EXPENSE PAYMENTS TO MEMBERS OF COUNCIL AND
COUNCIL APPOINTEES
That Council receive for information the Statement of the Treasurer respecting
Remuneration and Expense Payments to Members of Council and Council
Appointees for the Year 2000.
o
PROCLAMATIONS
"EMPLOYMENT WEEK"
"Employment Week" - May 14-20, 2001
ADMINISTRATION DEPARTMENT
LEGAL SERVICES DIVISION
MEMORANDUM
0O3
April 4, 2001
To:
From:
Subject:
Bruce Taylor
City Clerk
Denise Bye
Manager, Legal Services
Road Dedication By-Law
387798 Ontario Limited
Part Lot 21, Concession 2, Picketing, designated as
Parts 4 and 12, Plan 40R-19585
- File: W2304.402/40M-2002
When the above-noted plan was registered, the blocks referred to were conveyed to the
City along Valley Farm Road. These blocks were intended to be dedicated as public
highway upon the development of adjacent lands.
As our Planning & Development Department has advised that 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 (Part 4) and the road widening block (Part 12) 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 April 17, 2001.
DB:Ijm
Attachments
Denise Bye
Copy:
Director, Planning & Development
Division Head, Municipal Property & Engineering
Supervisor, Development Control
0O4
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. ~ag~L m ~
Being a by-law to dedicate Part Lot 21,
Concession 2, Picketing, designated as Parts 4
and 12, Plan 40R-19595 (Valley Farm Road) as
public highway.
WHEREAS The Corporation of the City of Picketing ~s the owner of Part Lot 21, Concession 2,
Pickering, designated as Parts 4 and 12, Plan 40R-19595 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:
Part Lot 21, Concession 2, Pickering, designated as Parts 4 and 12, Plan 40R-19595 are
hereby dedicated as public highway (Valley Farm Road).
BY-LAW read a first, second and third time and finally passed this 17th day of April, 2001.
Wayne ~M-thurs, Mayor
Brace Taylor, Clerk
W2304.402
005
ALPINE LANE
COrrIDoR
FINCH
AVENUE
LODGE
LANE
ROAD
ROAD
BOULEVARD
11
City of Pickering
FILE No. W2304.402 ]
FINCH AVE.
0
~Y
T
Planning & Development Department
DA~ APR 9, 2001
006
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 582:5/01 .
Being a by-law to re-name "Local Councillor" title
to "City Councillor".
WHEREAS pursuant to sections 29(8) and 29(9) of the Municipal Act, R.S.O. 1990, chapter
M45, Council may pass a by-law adopting the title "councillor" or Council may pass a by-law
· providing for a different title; and
WHEREAS effective January 1, 2000 the Town of Picketing was designated as a City;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
The title "Local Councillor" shall be replaced with the title "City Councillor" for a
councillor elected in a ward of the City to represent the electors of that ward on the
Council of the City of Pickering.
2. By-law C-l, Part I, be amended to repeal Section 1100.5..
BY-LAW read a first, second and third time and final[ly passed this 17t~ day of April, 2001.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
007
BY-LAW NO. 5828/01
Being a by-law to appoint By-law Enforcement
Officers for certain purposes (Parking Regulation
2200 Brock 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:
The following officers be hereby appointed as municipal law enforcement officers in and
for the City of Pickering in 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 is hereby authorized to
enter at all reasonable times upon lands municipally known as 2200 Brock Road.
Amedeo Monaco
Joe Arena
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 lceasing to be
employees of Tritav Holdings Inc. or upon Tritav Holdings Inc. ceasing to be an agent of
2200 Brock Road, or upon whichever shall occur first.
BY-LAW read a first, second and third time and finally passed this 17th day of April, 2001.
Wayne Arthurs, Mayor
Brace Taylor, Clerk
0O8
NOTICE OF MOTION
DATE:
MOVED BY:
SECONDED BY:
April 17, 2001
Councillor Holland
Councillor McLean
WHEREAS the City of Pickering is committed to the licensing of dogs and cats and advocates
the duty of every dog and cat owner to adhere to the City By-law that sets out a pet owner's
obligations in this matter; and
WHEREAS the practice of commissioned salespeople knocking on doors to seek out those who
have not fulfilled their responsibility to participate in the licensing program has resulted in a
wide number of complaints; and
WHEREAS no other City By-law is enforced through door-to-door canvassing; and
WHEREAS there are a wide array of important City By-laws in the City that are in equal or
greater need of enforcement that are not enforced so aggressively; and
WHEREAS the practice of returning to the same doors every year by commissioned salespeople
is invasive and redundant;
NOW THEREFORE the Council of the Corporation of the City of Picketing hereby directs staff
to end the door-to-door dog/cat licensing initiative; and
THAT through the Council represemative to the Pickering-Ajax-Whitby Animal Control Centre,
(PAW), PAW be thanked for its on-going commitment to the licensing of dogs and cats and that
the content of this motion be conveyed to PAW at its next regular meeting.
CARRIED
MAYOR
OO9
NOTICE OF MOTION
DATE:
APRIL 17, 2001
MOVED BY: COUNCILLOR HOLLAND
SECONDED BY: COUNCILLOR McLEAN
That Resolution #122/99, Item #1, which was tabled at the Council Meeting of
May 31, 2999 and which reads as follows, be now lifted from the table:
That Zoning By-law Amendment Application A 22/98, submitted by
Grant Morris Associates Limited on behalf of J. & K. Shopping
Centre Inc., on lands being Block I, Plan 40M-1236, Town of
Pickering, to amend the zoning on the subject lands by adding
additional uses, be APPROVED, subject to the conditions outlined in
Appendix I to Recommendation Report No. 7-99, as revised to amend
all references to restaurant-type A to a sit down only restaurant; and
further
That the owner provide a fully enclosed, roofed garbage structure on-
site.
e
That the amending zoning by-law to implement Zoning By-law
Amendment Application A 22/98, as set out in draft in Appendix H to
Recommendation Report No. 7-99, be forwarded to Town Council for
enactment, with appropriate revisions to address a sit-down only
restaurant.
That By-law Number 5500/99 to amend Restricted Area (Zoning) By-law 3036,
and amending By-laws 1158/80 and 3878/91, to implement the Official Plan of
the Town of Pickering District Planning Area, Region of Durham in Block 1, Plan
40M-1236, in the Town ofPickering (A 22/98), which was tabled at the Council
Meeting of May 31, 1999, be now lifted from the table.
CARRIED:
MAYOR
010
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5500/99
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-laws 1158/80 and 3878/91, to implement the Official Plan of the Town of
Picketing District Planning Area, Region of Durham in Block 1, Plan .40M-1236,
in the Town of Picketing. (A 22/98)
WHEREAS the Council of the Corporation of the To,am of Pickering passed By-law 1158/80,
amending By-law 3036, to permit a commercial building and uses to be established on the
subject lands, being Block 1, Plan 40M-1236, in the Tmam of Picketing;
AND WHEREAS the Council of the Corporation of the Town of Picketing passed
By-law 3878/91, amending By-law 1158/80 to Zoning By-law 3036, to permit the addition of
retail stores to the list of uses permitted to be establisheq on the subject lands;
AND WHEREAS the Council of the Corporation of the Town of !bicketing now deems it
desirable to further amend amending By-law 1158/80 to By-law 3036, as amended, to fitrther
expand the list of permitted uses on the subject lands; '
'AND WHEREAS a further amendment to amending; By-law 1158/80 to By-law 3036, as
amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENTS
(1)
Section 4. of amending By-law 1158/80 is hereby amended by renumbeting
Subsections (1) to (10) and by adding thereto the following subsections:
(1) "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 to or designed to appeal to erotic or sexual appetites or
inclinations. :i
(2) "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.
(5) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent, or exchanged.
(13)
"Restaurant - Type B" 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 in the building or buildings on the premises only,
but shall not include an adult entertainment parlour as defined herein.
(15) For the purpose of this subsection, the terms:
(a) "Public School" shall mean,
(i) a school under the jurisdiction of a b0'.ard of education which
board is established pursuant to the Edt~eation Act, R.S.O. 1980,
or any successor thereto; '
(ii) a college of applied arts and technolog~ established pursuant to
the Ministry of College and Universities Act, R.S.O. 1980, or
any successor thereto; and
(2)
(3)
(4)
-2-
(iii)
011
a university eligible to receive provincial funding from the
Minister of Education, Colleges and Universities, pursuant to the
Ministry of Colleges and Universities Act, R.S.O. 1980, or any
successor thereto.
(b)
."Private Non-Residential School" shall mean a school which is
maintained for educational or religious purposes but shall not include
any other school defined herein.
(c) "Private Residential School" shall mean a school which is maintained
for educational or religious purposes and which includes accessory
residential facilities but shall not include .any other school defined
herein.
(d) "Commercial School" shall mean a school w~ch is operated for gain
or profit and may include the studio of a dancing teacher or music
teacher, or an art school, a golf school, or any other such school
operated for gain or profit, but shall not include any other school
defined herein.
(e)
"Day Nursery_" shall mean lands and premises duly licensed pursuant
to the provisions of the Day Nurseries Act, or any successor thereto,
and for the use as a facility for the daytime care of children.
Subsection 5.(1) of said By-law is hereby amended by re-alphabetizing
Subsections (a) to (g) and by adding thereto the following clauses:
(a) bakeries
(c) day nurseries
(e) financial institutions
(i) private non-residential schools
(k) restaurants - type B
SUbsection 5.(2)(b)(ix) is hereby revoked and the follo~ is substituted thereto:
(ix) PARKING REQUIREMENTS (minimum):
There shall be provided and maintained on the lands designated "C4"
on Schedule 'T' attached hereto, a minimum of 45 parking spaces.
Despite clause 1. above, if any day nursery, private non-residential
school or restaurant type - B use exists on the lands designated "C4"
on Schedule 'T' attached hereto, a minimum of 54 parking spaces shall
be provided and maintained;
Subsection 5.(2)(b)(x) is hereby amended by adding thereto the following clauses:
o
The gross floor area of all day nurseries and/or private non-residential
schools on the lot shall not exceed 200 square metre, s.
4. The gross floor area of any restaurant - type B on' the lot shall not exceed
200 square metres.
5. There shall be provided and maintained on the ~lot a maximum of one
restaurant - type B.
6. A
For the purpose of this clause, the term "drive-through facility" shall
mean a facility in which goods, products, or services are provided
directly to customers in vehicles.
B
No drive-through facility shall be permitted in association with any of
the uses permitted on the lands designated "C4" on Schedule I attached
hereto.
012
(5)
-3-
Subsection 5. is hereby amended by adding thereto the follox~4ng clause:
(3)
Holding Provisions..
(a) Prior to an amendment to remove the "(H)" - Holding Symbol
preceding the zone category "C4",' a Site Plan Agreement shall be
entered into between the Town of Picketing and the owner of the lands
to which the "(H)" - Holding Symbol applies fc.r the development of
the lands, and registered on title to the lands described as
Block l, Plan40M-1236, prior to the establishment of any day
nursery, private non-residential school, or re~Staurant- type B use on
the subject lands.
(b) Prior to an amendment to remove the "(H)"' - Holding; Symbol
preceding the zone category "C4", a Development Agreement shall be
entered into between the Town of Picketing and the owner of the lands
to which the "(H)" - Hol[ding Symbol applies t~r the development of
the lands, and registered on title to the lands described as
Block 1, Plan 40M-1236, prior to the establishment of any bakery or
restaurant - type B use on the subject lands, to address the requirement
for the installation of mechanical exhaust ecologizer odour control
units.
ge
SCHE__DULE I
Schedule 'T' to By-law 1158/80 to By-law 3036, as further amended by By-law 3878/91,
is hereby revoked and Schedule 'T' attached hereto and formi~i part of this by-law is
substituted therefor. , ~i:~
BY-LAW
By-law 3036, 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 diealt with in this by-law
shall be governed by relevant provisions of By-law 3036, 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
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
BUSHMILL
STREET
BARNWOOD
O
n
J
SQUARE
LINWOOD
STREET
013
FINCH
AVENUE
SCHEDULE T TO BY-LAW
PASSED THIS.,
DAY OF 1999
5500/99
MAYOR
CLERK
014
RIGBY
DRIVE
¢IADONNi
HALSEY
ONT'AI~io
~IVE
_ESTONE
CRES.
BUSHMILL
BRIDGE
BARNWOOD
SQUARE
FERNCLIFF
PARKDALE
STREET
FINCH
ANTON
AVENUE
EVERTON
SQUARE:
CANBOROUGH
FAYLEE
Town of Pickering
Planning Department
[)ATE MAY 11/99
o,,~~ o~%.
REPORT TO COUNCIL
015
FROM:
Neil Carroll
Director of Planning
DATE: May 12, 1999
RECOMMENDATION REPORT NUMBER: 7-99
SUBJECT:
Zoning By-law Amendment Application A 22/98
J. & K. Shopping Centre Inc.
Block 1, Plan 40M-1236
(Maple Ridge Plaza; South-west comer of Liverpool Road and Bushmill Street)
Town of Pickering
RECOMMENDATIONS:
That Zoning By-law Amendment Application A 22/98, submitted by Grant Morris
Associates Limited on behalf of J. & K. Shopping Centre Inc.; on lands being Block 1,
Plan 40M-1236, Town of Picketing, to amend the zoning on the subject lands by adding
additional uses, be APPROVED, subject to the conditions outlined in Appendix I to
Recommendation Report No. 7-99.
That the amending zoning by-law to implement Zoning By-law Amendment Application
A 22/98, as set out in draft in Appendix II to Recommendation Report No. 7-99, be
forwarded to Town Council for enactment.
ORIGIN:
Zoning By-law Amendment Application A 22/98 submitted to the Town of Picketing.
AUTHORITY:
The Planning Act, R.S.O. 1990, chapter P.13
FINANCIAL IMPLICATIONS:
No direct costs to the Town are anticipated as a result of the proposed development.
EXECUTIVE SUMMARY: '~
This amendment to the zoning by-law will add permitted uses on the subject property which will
provide the owner with more flexibility to attract potential tenants to locate within the existing
one-storey, 929-square-metre, mUlti-unit commercial plaza, while ensuring that the plaza
continues to operate at a local neighbourhood scale. No expansion to the existing building is
proposed at this time.
016
RECOMMENDATION REPORT NUMBER 7-99
Subject: Zoning By-1aw Amendment Application A 22/98
Date: May 12, 1999
Page 2
The applicant's proposed uses are supported, subject to floor space and unit size lirnitations. An
outline of the currently permitted, and staff recommended uses is outl~ed in Appendix I to this
Report. The recommended additional uses, and accompanying minor site improvements, will
maintain the character of the existing local neighbourhood plaza, without significantly impacting
existing tenants or the surrounding community.
BACKGROUND:
1.0 Information Meeting
A Public Information Meeting for this development proposal wa~s held on
February 18, 1999. Information Report iNo. 1-99, which surranarizes the applicant's
proposal and outlines the issues and comments identified to that date through circulation of
the application, was prepared for that meeting. The text of that Information Report is
provided for reference (see Attachment #3).
No written comments were received from surrounding landowners, both at the time of
writing of the Information Report, and to-date. Prior to the Public Information Meeting,
written comments were received from the Durham District School~B~ard, the Town's Public
Works Department, and Bell Canada, all expressing no objection to the proposal.
At the Public Information Meeting, one :resident expressed cortcern with flae proposed
restaurant use, noting that it could create more loitering problems on the subject property.
The applicant offered to meet with this resident to attempt to :find a resolution to this
concern. The applicant noted lfis general concurrence with the Staff Report, and was
satisfied that the concerns and issues noted by Staff could be satisfied.
Since the Public Information Meeting, written comments have been received from the
Durham Region Planning Department, expressing no objection to this proposal.
2.0 Discussion
2.1 Land Uses
The following chart outlines those uses currently permitted to operate within the existing
commercial plaza on the subject property, and those uses propo~bd by the applicant for
consideration through this application: '~ ,?::'
Currently Permitted Uses Applicant's Additional Requested Uses
business offices
bakeries
dry cleaning depots day nurseries
laundromats fmancial institutions
neighbourhood stores private non-residential schools
personal service shops restaurants - type A
professional offices
retail stores
It is recommended that the currently permitted uses continue to be permitted on the subject
property. A property location map and Existing Site Plan are included as Attachments #1
and #2 respectively, to this Report.
RECOMMENDATION REPORT NUMBER 7-99
Subject: Zoning By-law Amendment Application A 22/98
Date:
May 12, 1999
Page 3
01'7-.
Bakeries and Financial Institutions
It is recommended that bakeries and financial institutions be permitted to operate on the
subject property with no specified floor area limitations. These uses are similar in
magnitude and nature to the local neighbourhood uses currently permitted to operate on the
subject property.
Financial institutions are currently permitted to operate on the subject property under the
"business offices" use definition. The inclusion of a specific use category "financial
institutions", is requested by the applicant, and is recommended by Staff, in order to reflect
the current terminology used by the Town.
It is recommended that prior to the establishment of any bakery on the subject lands, that the
owner enter into an appropriate agreement with the Town to addreSs the need for an air
filtration system' of sufficient quality to appropriately address reduction in odours created by
the use.
Day Nurseries and Private Non-residential Schools
It is recommended that day nurseries and private non-residential schools be permitted on the
subject property, to a maximum combined gross floor area of 200 square metres. The
proposed uses would provide appropriate child-care facilities for the surrounding
neighbourhood at a scale which would be appropriate within a local neighbourhood plaza.
Minor site alterations would be necessary prior to the establishment of these uses to address,
among other things, any outdoor activity areas and pick-up and drop-off areas.
Restaurant Type-A
It is recommended that a maximum of one restaurant type-A be permitted to be established
on the subject lands, to a maximum gross floor area of 200 square metres. Limiting the
number and floor area of restaurants on the subject lands, will ensure that this use is of a size
which:
maintains the character and scale of existing uses within the loc~ neighbourhood plaza;
will maintain a market area limited mainly to the surrounding neighbourhood;
· would generate .minimal additional traffic and the need for additional parking which
could be accommodated through minor site improvements only, and;
· will minimize any potential negative impacts, associated with the operation of a
restaurant use on the surrounding neighbourhood (including potential odours, garbage
accumulation, and loitering).
It is recommended that prior to the establishment of any restaurant - type A on the subject
lands, that the. owner enter into an appropriate agreement with the Town to address the need
for an incorporation of an air filtration system suitable to minimize odours created by the
use.
2.3
It is further recommended that the associated implementing zoning by-law prohibit
drive-through restaurants on the subject property. Minor site alterations would also be
necessary prior to the establishment of any restaurant type-A use on'the subject property.
Site Plan Matters
It is recommended that prior to the establishment of a day nurser',', private non-residential
school, and/or restaurant type-A use on the subject property, that the owner obtain revised
site plan approval from the Town, to address, among other matters,
018
RECOMMENDATION REPORT NUMBER 7-99
Subject: Zoning By-law Amendment Application A 22/98
Date: May 12, 1999
Page 4
· associated outdoor play areas;,
· drop-off and pick-up areas;
· increasing the required minimum number of Parking spaces on-rite to 54;
· drive-aisle and landscaping alterations, and;
· the potential need for air filtration systems serving the proposedirestaurant use.
The applicant has provided com:eptual site plans to the Town w[~ich generally show that
these recommended site upgrades, outlined[ above, can be approp~fately acconmaodated for
on the existing site.
The current parking standard for the subject land is 4.5 parking spaces per 93 square metres
of building gross floor area. ~[his parking standard has provided ample parking for the
existing permitted uses on-site, and would continue to provide ample parking on-site should
bakeries and/or financial institutions be established on the property.
However, although both the existing and proposed uses do exhibit varying peak times of
use, day nurseries, private non-residential schools, and restaurants type-A, typically generate
greater parking demands on-site. The Town of Pickering Ofi-Street Parking Study
recommends that 5.0 spaces per 93 square metres of building gross floor area be provided
for day nurseries and/or private non-residential schools, and a minimum of 8.0 parking
spaces per 93 square metres of building gross floor area be provided to accommodate
restaurants.
Based on these recommended parking sta]adards, and the recorm/~ended maxi[mum size of
day nurseries, private non-residential schools, and restaurants type-A to be provided in the
future implementing zoning by-law, it is further recommended that a minimum of
54 parking spaces (an increase of 9 parking spaces from the current 45 parking spaces
required on site), be required on the subject property prior to the establishment of any day
nursery, private non-residential school, and/or restaurant type-A use.
2.4 Holding ("H") Provision
In order to ensure that revised site plan approval is obtained and implemented through an
associated, financially-secured site plan agreement, it is reconunended that an ("H") -
Holding symbol be applied in the implementing zoning by-law which would be required to
be lifted prior to the establishment of any day nursery, private non-residential school,
bakery, and/or restaurant type - A use on the subject lands.
The lifting of the recommended ("H") - Holding symbol would be conditional upon the
owner receiving revised site plan approval, from the Town for any required exterior works,
and the registration on title of the associated, financially-secured site plan agreement. All of
the highlighted matters of concern could be; addressed in that associ, ated site plan agreement.
Prior to the introduction of any 'bakery use on' the subject lands, it is recommended that the
owner enter into an appropriate agreement with the Town to address the potential need for
an air filtration system to serve that use. The recommended ("H") - Holding symbol applied
through the associated implementing zoning by-law would also outline this requirement.
A draft by-law is attached as Appendix II to this report. Should Executive Committee
recommend approval of this application and Council endorse the recommendation, it is
anticipated that the by-law may also be considered by Town Council on May 31, 1999.
RECOMMENDATION REPORT NUMBER 7-99
Subject: Zoning By-law Amendment Application A 22/98
Date:
May 12, 1999
_'..
Pages
3.0 Applicant's Comments
The applicant, Mr. Grant Morris, has
recommendations of the planning Department.
advised that he generally
supports the
ATTACHMENTS:
1. Property location map
2. Existing Site Plan
3. Information Report
Prepared By:
Planner 1
Approved / Endorsed by:
Neil Carroll
Director of Planning
Lynda Ta~lor
Manager,
Current Operations Division
RST/ab
Attachments
Recommended for the consideration of
Pickering Town Co cu~!..,. '
T. ~n-a~J~ Quinn,L/. . / ' ' t~r''
V
02.0
APPENDIX I TO
RECOMMENDAT][ON REPORT NO. 7-99
RECOMMENDED CONDITIONS OF APPROVAL FOR
ZONING BY-LAW AMENDMENT APPLICATION A 22/98
That the implementing zoning by-law:
(a) continue to permit business offices, dry cleaning depots, laundromats, neighbourhood stores,
personal service shops, professional offices:, and retail stores on the subject property;
(b) permit bakeries, day nurseries, financial institutions, private non-residential schools and
restaurants type-A to be established on the subject property;
(c) place an ("H") - Holding Symbol on the property which would restrict:
(i)
the establishment of any day nurseries, private non-residential schools, and/or
restaurant type-A uses on the subject ][ands until such time as the owner of the subject
property enters into an appropriate agreement with the Town, and receives site plan
approval from the Town for associated, exterior works. These works would include, but
are not limited to, increasing the number of required parking spaces on-site to 54,
providing acceptable outdoor activity areas, drop-off and pick-up areas, drive-aisle and
landscaping alterations, and the potential need for an air filtration system serving the
proposed restaurant use;
(ii)
the introduction of any bakery use on the subject lands until such time as the owner of
the subject property enters into an appropriate agreement wi[h the Town to address the
potential need for an air filtration system serving that use;
(d) include, but not be limited to, the following: provisions:
(i) limit the maximum combined gross floor area of all day nurseries and/or private
non-residential schools to 21)0 square metres;
(ii) limit the maximum number of restaurant type-A uses on-site tff One;
(iii) explicitly prohibit any drive-through restaurant facilities on-site:
(iv) limit the maximum gross floor area of a restaurant type-A to 200 square metres;
(v) 'require a minimum of 45 parking spaces to be established on-:site; and,
(vi) require a minimum of 54 parking spaces to be required on site: if any day nursery,
private non-residential school, or restaurant type - A use exists on the subject lands.
APPENDIX II TO
RECOMMENDATION REPORT NO. 7-99
AMENDING ZONING BY-LAW TO IMPLEMENT
ZONING BY-LAW AMENDMENT APPLICATION A 22/98
THE CORPORATION OF TH[:. TOWN OF PICKERING
[)RAFT
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by
By-laws 1158/80 and 3878/91, to implement the Official Plan of the Town of
Picketing District Planning Area, Region of Durham in Block 1, Plan 40M-1236,
in the Town of Picketing. (A 22/98)
WHEREAS the Council of the Corporation of the Town of Pickering pas'sed By-law 1158/80,
amending By-law 3036, to permit a commercial building and uses to be established on the
subject lands, being Block 1, Plan 40M-1236, in the Town of Pickering;
AND WHEREAS the Council of the Corporation of the Town of Picketing passed
By-law 3878/91, amending By-law 1158/80 to Zoning By-law 3036, to permit the addition of
retail stores to the list of uses permitted to be established on the subject lmads;
AND WltEREAS the Council of the Corporation of the Town of Pi.ckering now deems it
desirable to further amend amending By-law 115;8/80 to By-law 3036, as amended,, to further
expand the list of permitted uses on the subject lands;
AND WHEREAS a further amendment to amending By-laTM 1158/80 to By-law 3036, as
amended, is therefore deemed necessary';
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS.:
1. TEXT AMENDMENTS
(l)
Section 4. of amending By-law 1158/80 is hereby amended by renumbering
Subsections (1) to (10) and by adding thereto the following subsections:
(l)
"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 to or designed to appeal to erotic or sexual appetites or
inclinations.
(2) "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.
(5) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent, or exchanged.
(13)
"Restaurant - Type A'~ shall, mean a building or part of a buil[ding where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on or off the premises, or both, but shall not include
an adult entertainment parlour as defined herein.
(15) For the purpose of this subsection, the terms:
(a) "Public School" shall mean,
(i)
a school under the jurisdiction of a board of education which
· board is established pursuant to the Education Act, R.S.O. 1980,
or any successor thereto;
(2)
(3)
(4)
(ii)
(iii)
(b)
-2-
a college of applied arts and technology established pursuant to
the Ministry of College and Universities Act, R.S.O. 1980, or
any successor thereto; and
a university eligible to receive provincial funding from the
Minister of Education, Colleges and Universities, pursuant to the
Ministry of Colleges and Universities Act, R.S.O. 1980, or any
successor thereto.
"Private Non-Residential School" shall mean a school which is
maintained for educational or religious purposes but shall not include
any other school defined herein.
(c)
"Private Residential School" shall mean a school which is maintained
for educational or religious purposes and which includes accessory
residential facilities but shall not include any other school defined
herein.
(d)
"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, or an art school, a golf school, or any other such school
operated for gain or profit, but shall not include any other school
defined herein.
(e)
"Day Nursery_" shall mean lands and premises duly licensed pursuant
to the provisions of the Day Nurseries Act, or any successor thereto,
and for the use as a facility for the daytime care of children.
Subsection 5.(1) of said By-law is hereby amended by re-alphabetizing
Subsections (a) to (g) and by adding thereto the followin~"~:lauses:
(a) bakeries
(c) day nurseries
(e) financial institutions
(i) private non-residential schools
(k) restaurants- type A
Subsection 5.(2)(b)(ix) is hereby revoked and the following is substituted thereto:
(ix) PARKING REQUIREMENTS (minimum):
There shall be provided and maintained on the lands designated "C4"
on Schedule "I" attached hereto, a minimum of 45 parking spaces.
2. Despite clause 1. above, if any day nursery, private non-residential
school or restaurant type - A use exists on the lands designated "C4"
on SchedUle "I':. attached hereto, a minimum of 54 parking spaces shall
be provided and maintained; ~"'
~:'
Subsection 5.(2)(b)(x) is hereby amended by adding thereto the following clauses:
o
The gross floor area of all day nurseries and/or private non-residential
schools on the lot shall not exceed 200 square metres.
The gross floor area of any restaurant - type A on the lot shall not exceed
200 square metros.'
Them shall be provided and maintained on the lot a maximum of one
restaurant - type A.
-3-
'024"
(5)
6. A
For the purpose of this clause, the term "drive-through facility" shall
mean. a facility in which goods, products, or services are provided
directly to customers in 'vehicles.
B
No drive-through facility shall be permitted in association x'qth any of
the uses permitted on the lands designated "C4'" on Schedule I attached
hereto.
Subsection 5. is hereby amended by adding thereto the foil.owing clause:
(3) Holding ProvisionS ' ....
(a)
Prior to an amendment to remove the "(H)" - Holding Symbol
preceding the zone category "C4", an Agreement shall be entered into
between the Town of Pickering and the owner of the lands to which
the "(H)" - Holding Symbol applies for the development of the lands,
and registered on title to the lands described as Block 1,
Plan 40M-1236, prior to the establishment of any bakery, day nursery,
private non-residential school, or restaurant - type A use on the subject
lands. '"'
SCHEDULE I
Schedule 'T' to By-law 1158/80 to By-law 3036, as further amended by By-law 3878/91,
is hereby revoked and Schedule 'T' attached hereto and forming part of this by-law is
substituted therefor.
me
BY-LAW
By-law 3036, 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 3036, 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 day of ,1999~,
Wayne Arthurs, Mayor
.. 'Bruce Taylor, Clerk
BUSHMILL
ii Iii
BARNWOOD
SQUARE
STREET
i(H)C4
BLOCK 1
4OM-- 12..56
FINCH
LINWOOD
STREET
0
zO
orr
0
(_)
AVENUE
025
SCHEDULE T TO BY-LAW
PASSED THIS
DAY OF ,1999
MAYOR
CLERK
026'
R'=SC,,'' ~=]',iDATIOi'~ RE~ORT ~
~ · ~~/~ I
FINCH AV[NU[ -- FINCH AVENU[
Town of Picketing Planning Depa~ment
PROPER~ DESCR~ON BLOCK 1; 40M'1236
O~E~ J. & B ~HOPPI~ CE~RE INC. D~ OEC. ~1~8 ~ BY RC
~PPUCA~ON No. ~ 2~g~
FOR DEP~TMENT USE ~LY PN'12 ' PA'
EXISTING SITE
A 22/98
027
BUSHMILL STREET
/ COMMERCIAL
/ BUILDING
/ z
~ / ~ ,
,
; ,
,
; ' I
BAR
I~1
INFORMATION .REPORT NO. 1-99
FOR PUBLIC INFORMATION MEETING OF
February 18, 1999
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Zoning By-law Amendment Application A 22/98
J. & K. Shopping Centre Inc.'
Block 1, Plan 40M-1236
Maple Ridge Plaza
(South-west comer of Liverpool Road and Busbanill Street)
Town of Picketing
1.0 PROPERTY LOCATION AND DESCRIPTION
the subject property is located on the south-west comer of Liverpool Road and
Bushmill Street;
a property location map is provided for reference (see Attacl.~unent #1);
the subject property currently supports a one-storey commercial plaza, approximately
929 square metres in size;
residential detached dwellings surround the subject property, and Maple Ridge Park is
located to the north-west across Bushmill Street;
the subject property provides one access onto Liverpool Road, and one access onto
Bushmill Street;
a reduced site plan showing the existing site is provided for reference (see
Attachment #2).
2.0 APPLICANT'S PROPOSAL
the applicant proposes to amend the Town's zoning by-law to expand tlhe list of uses
permitted to operate on the subject property in order to accommodate a broader range
of tenants to make the existing commercial plaza more economically viable;
the following is a list of both the uses currently permitted to operate on the subject
lands, and the applicant's additional proposed uses:
Currently Permitted Uses
Applicant's Additional Proposed Uses
business offices
dry cleaning depots
laundromats
neighbourhood stores
personal service shops
professional offices
retail stores
bakeries
day nurseries'
£mancial i~[stitutions
private no,:~-residential schools
restaurants type-A
- at this time no building expansion is prOposed to accorm~odate the proposed new
lises.
Information Report-No. 1-99
3
*"1_
Rc uCf~.:, .~N D~I',~.I Fl,c PORT
Page 2
029
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
the 'subject property falls within the "Living Area" designation;
this designation permits convenience store uses which are compatible with their
surroundings;
this designation also permits limited office development and the limited retailing of
goods and services, in appropriate locations, as components of mixed use
developments, provided that Community and Local Central Areas are designated in
the area municipal official plan, and the function and characteristics of such Central
Areas are not adversely affected;
the application appears to conform;
3.2 Pickering Official Plan
the subject property falls within the "Urban Residential Low Density Area"
designation within the Liverpool Neighbourhood;
permissible uses within this designation include, among others, limited offices and
the limited retailing of goods and services, serving the area;
in establishing performance standards, restrictions, and provisions for Urban
Residential Areas, Town Council shall have particular regard to, among other things:
protecting and enhancing the character of established neighbourhoods,
considering such matters as building height, yard setbacks, lot coverage,
access to sunlight, parking provisions, and traffic implications, and;
restricting the size, height, and/or floor space of non-residential
developments in response to provisions specified in the applicable
Neighbourhood Plan, to prevent excessive commercial development, or
where neighbourhood character and/or environmental constraints warrant;
the subject property is identified as a neighbourhood shopping area within the
Liverpool Neighbourhood Plan description;
both Liverpool Road and Bushmill Street are identified as collector roads,
recognizing that these roads generally provide access to individual properties, to local
roads, to other collector roads and arterial roads, and carry greater volumes of traffic
'than local roads, including automobiles, pedestrians, bicycles, and transit;
3.3 Zoning By-law 3036
th6 subject property is currently zoned "C4" - Local Commercial Area, by Restricted
Area Zoning By-law 3036, as amended by By-laws 1158/80 and 3878/91;
an'amendment to the zoning by-law is necessary to permit the proposed expanded list
of uses, which include bakeries, day nurseries, financial institutions, private
non-residential schools and restaurants type - A;
for clarification purposes, the following is alist of the standard definitions used by the
Town for each proposed use:
"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;
b)
"day nursery_" shall mean lands and premises duly licensed pursuant to the
provisions of the Day Nurseries Act, or any successor thereto, for use as a
facility for the daytime care of children;
c) "financial institution" shall mean a building or part of a building in which
money is deposited, kept, lent, or exchanged;
'030
Information Report-No. 1-99
REPORT f, Page 3
d) "private non-residential schools" shall mean a school w. hich is maintained
for educational or religious purposes, but shall not inclmte a public school,
private residential school, commercial school, or day nm'sery;
e) "restaurant type - A" shall mean a building or part ora building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on or off the premises, or both, but shall not
include an adult entertafinment parlour;
a financial institution is cm-rently permitted to operate on the subject lands under the
business office definition, however, the applicant has requested this use be
specifically defined on the site for clarification purposes.
4.0
4.1
4.2
4.3
4.3.1
4.3.2
RESULTS OF CIRCULATION
Resident Comments
-no comments have been recei[ved to-date;
Agency Comments
No Objections or Concerns: - The Durham District School Board;
Staff COmments
Impact of Additional Permitted Uses wittdn the Existing Plaza
- staff recognize the positive economic benefit of providing a broad range of uses on
commercial sites to promote economic stability;
- however, the scale and intensity of the proposed uses must not impose a negative.
impact on eXisting adjacent properties, particularly any diirectly-abutting residential
amenity areas, existing traffic conditions, or on the viability of other established
commercial areas within the Town;
- any additional uses 'introduced on the subject lands must protect and[ enhance the
established character of the immediate Maple Ridge neighbourhood by ensuring the
existing plaza continues to function at a local neighbourhoocl scale;
Site Plan Matters
existing lot layout, parking areas, ingress/egress, pedestrian accessi[bility, traffic
generation and patterns, and landscaped areas and features will be assessed to
determine their suitability of supporting the proposed addi.tional uses on the subject
lands.
5.0
PROCEDURAL INFORMATION
written comments, regarding this proposal should be directed to the Planning
Department;
oral comments may be made at the Public Information Meeting;
all comments received will be noted and used as input in a Recommendation Report
prepared by the Planning Department for a subsequent meeting of Council or a
Committee of Council;
if you wish to reserve the option to appeal Council's decision, you must provide
comments to the Town before Council adopts any by-law for this proposal;
if you wish to be notified of Couuncil's decision regarding this proposal, you must
request such in writing to the Town 'Clerk.
Information Report-No. 1-99
R~:'~¢ ....... NDATt~.~ REPORt
Page 4
6.0 OTHER INFORMATION
6.1 Company Principal
- applicant advises that the
Mr. Jasvinder Singh.
principal of J. and K. Shopping Centre Inc. is
ORIGINAL SIGN]~ BY
:"'GINAL $IO~ ~
Ron Taylor
Planning Technician
RST/LDT/ph
Lynda D. Taylor, (Mrs.)
Manager
Current Operations Division