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HomeMy WebLinkAboutMay 7, 2001PICKERING AGENDA COUNCIL MEETING Anne Greentree Supervisor, Legislative Services MAY 7, 2001 AGENDA COUNCIL MEETING MONDAY, MAY 7, 2001 (1) ADOPTION OF MINUTES Special Meeting of April 2, 2001 Special Meeting of April 2, 2001 Special Meeting of April 9, 2001 Regular Meeting of April 17, 2001 Special Meeting of April 17, 2001 Special Meeting of April 23,2001 (m DELEGATIONS Brian McTavish, representing Ontario Power Corporation, will address Council to report on the operation of the Picketing Nuclear Generating Station for the first quarter of 2001. Cheryl Carter, representing the Ajax-Picketing Women's' Centre Inc., will address Council to report on the Kick OffFundraising Event to be held on May 9th. Mark Fujita, representing Destination Imagination, William Dunbar Elementary School, will address Council to describe Destination Imagination and talk about this group's trip to Knoxville, Tennessee, May 23-27, 2001, to compete in the Word Olympics of Destination Imagination. Moe Pringle, representing the Big Brothers, will congratulate Members of Council for winning the Big Brothers Bowl for Kids. 0m RESOLUTIONS To adopt the Executive Committee Report dated April 23, 2001. PAGE 1-3 (IV) BY-LAWS By-law Number 5828/01 Being a by-law respecting the licensing, regulating and governing of adult videotape stores, and for regulating videotape stores in which adult videotapes are provided. By-law Number 5829/01 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 16, Concession 1 (Part 1, 40R-19683), in the City of Picketing. (A01/01) 4-17 18-24 By-law Number 5830/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Pan of Lot 33, Concession 1, in the City of Picketing. (A 6/99, 18T-98018 & OPA 99-001/P) By-law Number 5831/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Pan of Lot 23, Concession 1 (Part 2, 40R-4643), in the City of Picketing. (Al9/00) By-law Number 5832/01 Being a by-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, designated as Parts 2 and 3, Plan 40R-12593 (Rouge Hill Court) as public highway. By-law Number 5833/01 Being a by-law to exempt Lots 1, 4 and 10, Plan 40M-1956, Picketing, from pan lot control. 25-31 32-38 39-41 42-44 By-law Number 5834/01 Being a by-law to exempt Lots 1, 2, 3, 19 and 21, Plan 40M-2033, Picketing, from pan lot control. 45-47 (V) NOTICES OF MOTION Moved by Councillor Pickles Seconded by Councillor Johnson 48 WHEREAS the Municipalities of Picketing, Ajax, Uxbridge, Markham and Whitchurch- Stouffville and the Regional Municipalities of Durham and York Region, with the Toronto Region Conservation Authority, have funded the Duffins Creek and Carruthers Creek watershed study, that is in review at present, to the sum of $140,000.00; and WHEREAS the watershed study is being done now before severe land use has taken place and has detrimental effects on the natural features of both watersheds; and WHEREAS the municipalities have funded these studies so that elected representatives in all levels of government can make better land use decisions in each watershed area; and WHEREAS the Federal Government through Transport Canada has significant land holdings in this area; and WHEREAS substantially more funding is required to continue and complete these studies; THEREFORE BE IT RESOLVED THAT the Council of the City of Picketing seek the support of the municipal and regional panners involved as well as the Toronto Region Conservation Authority in requesting that Transport Canada become a full panner in the study of the Carmthers Creek and Duffins Creek Watershed areas; and THAT Transport Canada be requested, by the existing partners, to contribute annually a sum of $150,000 to fund the completion of the watershed studies of the Carmthers and Duffins Creek; and THAT a copy of this resolution be forwarded to Transport Canada Minister, David Collenette, the above noted municipalities, the Toronto Region Conservation Authority, Bryan Wilfert, M.P. Oak Ridges and Dan McTeague, M.P., Pickering/Ajax/Uxbridge. Moved by Councillor Brenner Seconded by Councillor Holland 49-50 WHEREAS the Oak Ridges Moraine is one of the most significant natural features in Ontario, on par with the Niagara Escarpment; and WHEREAS the Oak Ridges Moraine sustains some of the most significant and distinctive woodlands and wetlands in the Greater Toronto Area; and WHEREAS the Oak Ridges Moraine forms a key element of a connected system of natural features and wildlife corridors that includes the Niagara Escarpment, Oak Ridges Moraine and connections along river valleys to the shores of Lake Ontario, Lake Simcoe, Rice Lake and areas beyond; and WHEREAS the Natural Heritage System for Oak Ridges Moraine Greater Toronto Area Portion delineates the Oak Ridges Moraine, Natural Heritage Features, Major Natural Core Areas and Oak Ridge Moraine Conceptual Linkage and Major Valley Corridor of the Moraine, and, WHEREAS the joint Conservation Authorities have declared their interest in maintaining a wildlife corridor for the Oak Ridges Moraine, generally in the vicinity of the Natural Heritage System for the Oak Ridges Moraine Greater Toronto Area portion; and WHEREAS the Toronto and Region Conservation Authority Resolution A319/99 dated January 7, 2000 requested that the Province reconfirm the Provincial interest in the protection and enhancement of the Oak Ridges Moraine; and WHEREAS the City of Picketing contains portions of the Oak Ridges Moraine that are identified as part of the Province's Natural Heritage Strategy; and WHEREAS lands of the Oak Ridges Moraine in the City of Picketing provide important base flow to the headwaters of rivers for Lake Ontario; and WHEREAS the City of Picketing has made significant investments in the protection and enhancement of headwater areas of Duffins Creek; BE IT RESOLVED THAT the Council of the City of Picketing support the Provincial position for the Oak Ridges Moraine outlined in the document and accompanying map of the May 30t~ Natural Heritage System for the Oak Ridges Moraine Greater Toronto Area portion as a start towards long-term protection of the entire Oak Ridges Moraine; and THAT the Clerk be directed to forward a copy of this motion to the Ontario Municipal Board, Region of York, the Ministries of Municipal Affairs and Housing, Natural Resources and Environment, neighbouring area municipalities, the Toronto Region Conservation Authority, MPP's and MP's for their information and further be forwarded to Durham Region for their endorsement. Moved by Councillor Holland Seconded by Councillor Brenner 51-55 That the Corporation of the City of Pickering's Executive Committee be replaced by three Committees of Council, one for each of the three Municipal Departments - a Planning Committee, an Operations Committee and a Finance and Corporate Services Committee effective June 1, 2001; and That meetings held before September 1, 2001 be tri-committee meetings to deal with items normally considered by Executive Committee to allow a transition period until the system is fully implemented; and That each Committee of Council be comprised of 3-4 members of Council and that the Mayor of the City of Pickering sit ex-officio on all committees; and That each Member of Council may sit on as many as two committees but is not required to have membership in any committee; and That all former Executive Committee items be considered by the appropriate Committee of Council to make recommendations to Council, and o That each committee meet such that two committees report to the first Council meeting of the month and the remaining committee report to the last Council meeting of the month unless the Mayor, CAO or a majority of committee members by petition call an emergency meeting; and That each committee determine its own meeting schedule so long as ample time is provided to consider and make recommendations back to Council for consideration and so that it fits into the rotation as outlined in point 6, and 8. That the Planning Committee meet in the evening; and That the membership of each Committee of Council be determined by Council no later than May 22, 2001 for a term to expire November 31, 2003, and 10. That the membership of subsequent Committees of Council be determined at the beginning of each new term of office in tandem with other committee appointments, and 11. That the Chair of each Committee of Council rotate alphabetically every meeting among the Committee membership, and 12. That Site Plan Committee be dissolved into the Planning Committee, and 13. That Members of Council receive an honorarium of $2,500 per annum for each committee of which they are a member, and 14. That at the end of one year of implementation of this new structure, Council and senior staff'evaluate the success of the new structure as well as calculate the savings and efficiencies that have resulted from the initiative. (VI) CONFIDENTIAL MATTERS FOR CONSIDERATION 1. Confidential matter respecting potential litigation. 56-74 2. Confidential matter respecting a proposed sale of land. 75-102 (VI/) OTHER BUSINESS (VIII) CONFIRMATION BY-LAW (IX) ADJOURNMENT RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: That the Report of the Executive Committee dated April 23, 2001 be adopted. CARRIED: MAYOR APPENDIX #1 CITY OF PICKERING That the Executive Committee of the City of Picketing having met on Aptil 23, 2001, presents its eighth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 12-01 VERIDIAN CORPORATION PART OF LOT 16, CONCESSION 1 NOW PART 1, PLAN 40R-8469 (NORTHEAST CORNER OF BAYLY STREET & SQUIRES BEACH RO~M)) That Zoning By-law Amendment AppliCation A 01/01, submitted by Rinders Consultants Ltd. on behalf of Picketing Pentecostal Church and Veridian Corporation, on lands being Part of Lot 16, Concession 1, known as Part 1, Plan 40R-8469, City of Picketing, to amend the existing zoning to permit the establishment of a place of religious assembly and a day care facility while maintaining approximately 1,050 square meters of office space, be APPROVED, subject to the conditions outlined in Appendix No. I to Report Number PD 12-01. MAYORS REPORT MO 01-01 GOVERNANCE REFORM PROCESS -DURHAM REGION That City Council receive for information, Report to Council MO 01-01 on the governance reform process in Durham Region That City Council request Durham Council to not establish a final position on governance reform until the "Made-in-Durham" governance study being undertaken for the City of Picketing and the City of Oshawa by The Berkeley Consulting Group is completed. That pending completion of the Berkeley Consulting Group's study, the City of Pickering confirm that it remains supportive of: a) A modified 2-tier system with a "slimmed down" Region acting as an agent of the lower tier; b) Potential municipal amalgamations, including the amalgamation of Picketing and Ajax; and c) A review of a reduction in the number of politicians in Durh~wn Region. That a copy of Report to Council MO 01-01 be forwarded to Regional Council and all other municipalities in Durham Region. HUMAN RESOURCES REPORT HR 03-01 MODIFIED WORK PROGRAM POLICY (RESOLUTION #215/97 1. That the Report HR 03-01 regarding the Modified Work Program Policy be received by Council; and 2. That Resolution #215/97 (Item #10, Passed on June 16, 1997) be rescinded. LEGAL REPORT L 04-01 ROAD CLOSING AND SALE OF CITY LANDS PART OF THE ROAD ALLOWANCE BETWEEN LOTS 34 & 35, CONCES SION 3, PICKERING That the Solicitor for the City commence the process of stopping-up and closing for the purpose of sale, the remaining "opened portion" of the Road Allowance between Lots 34 & 35, Concession 3, Picketing. LEGAL REPORT L 05-01 ROAD CLOSING AND SALE OF CITY LANDS PART LOT 20, CONCESSION 8, PICKERING (PART OF PART 7, PLAN 40R-17520, NOW DESIGNATED AS PART 1, PLAN 40r-XXXX) ACORN LANE TURNING CIRCLE That the Solicitor for the City commence the process of stopping-up and closing for the purpose of sale, a portion of the part of Lot 20, Concession 8, Picketing, originally designated as Part 7, Plan 40R-17520 and now designated as Part 1, Plan 40R-XXXX. PROCLAMATIONS "EMPLOYMENT WEEK" "Loonie for Autism Day" - April 27, 2001 "Heating Awareness Month" - May, 2001 "National Missing Children's Day" - May 25, 2001 "Green Ribbon of Hope Month" - May, 2001 "Health Before Pregnancy Month" - June, 2001 4 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5828/01 Being a by-law respecting the licensing, regulating and governing of adult videotape stores, and for regulating videotape stores in which adult videotapes are provided. WHEREAS Part XVII.I of the Municipal Act, R.S.O. 1990, c. M.45, as amended (the "Act"), provides for the licensing, regulating and governing of businesses by local municipalities; and WHEREAS section 225 of the Act also specifically authorizes councils of all municipalities to pass by-laws for licensing, regulating, governing, classifying and inspecting adult entertainment parlours or any class or classes thereof and tbr revoking or suspending any such licence; and WHEREAS "adult entertainment parlour" is defined in subsection 225(9) of the Act to mean any premises or part thereof in which is provided in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations; and WHEREAS "goods" are defined in subsection 225(9) of the Act to i.nclude books, magazines, pictures, slides, films, phonograph records, pre-recorded magnetic take and other reading, viewing or listening matter; and WHEREAS the Council of the Corporation of the City of Pickering (the "Council" of the "City") has deemed it deskable to enact a By-law for the licensing, regulating and governing of adult videotape stores as a class of adult entertainment parlc,ur pursuant to the provisions of the Act referred to above; and WHEREAS subsection 225(3) of the Act provides that, despite subsection 257.2(4) of the Act, a by-law passed under section 225 of the Act may define the area or areas of the municipality in which adult entertainment padours or any class or classes l:hereof may or may not operate and may limit the number of the licences to be granted in respect of adult entertainment parlours or any class or classes thereof in any such area or areas in 'which they are permitted; and WHEREAS the Council deems it desirable to enact a by-law defining areas of the City in which, subject to all other applicable law, adult videotape stores may operate, and areas in which adult videotape stores may not operate, ,and limiting the number of' licences to be granted in respect of adult videotape stores in the City; NOW THEREFORE the Council of the Corporation of the City of Pickering ENACTS as follows: DEFINITIONS 1. In this By-law: (a) (i) "adult videotape" means any videotape the content of which is designed or held out as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject-matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities, or by an emphasis on the display of human specified body areas; in the absence of evidence to the contrary, a videotape classified by the Ontario Film Review Board as "restricted", with the added description "adult sex film", shall be deemed to be an adult videotape; (b) "adult videotape area" means an identifiable part of any premises, which part is used for the provision of adult video tapes; (c) "adult videotape store" means any premises: 0) subject to section 3, used for the carrying on of the business of the provision of exclusively adult videotapes; or (ii) in which adult videotapes are provided in the pursuance of a business and to which premises entry by persons under the age of 18 years is prohibited, or in respect of which premises it is advertised or notice is given that such entry is prohibited; or (iii) in which adult videotapes are provided in the pursuance of a business and in respect of which it is advertised, or notice is given either by signs or other advertising devices on or in the premises, or otherwise, that the premises are an "adult video store", an "adult videotape store", an "adult video rental store", or which are otherwise described by words of like meaning; (d) "committee" means a committee of the Council appointed by by-law to conduct one or more, hearings under the provisions of this By-law; (e) "Council" means the Council of the Corporation of the City of Pickering; (f) "Manager' means the Manager of the By-law Enforcement Services Division or, in his or her absence, any person authorized to fulfill the responsibilities of the Manager; "Licensing Section" means the Licensing Section of the By-law Enforcement Services Division of the City; (h) "operator" includes a proprietor, or any other person who alone or with others, manages, supervises, runs or controls a videotape store; O) "owner" means a person who alone or with others has a right to possess or occupy a videotape store or actually does possess or occupy a videotape store, and includes a lessee of a videotape store or of premises upon which a videotape store is located; (j) "premises" includes a building or any part thereof, and any place; 5 6 "to provide" when used in relation to any videotape, means to sell, offer to sell or display for sale by retail, or to rent, offer to rent or display for rental, whether or not the cost, fee or other consideration passes at the time of such rental or sale, or is effected through the cost of membership, subscription, admission or any other manner; (1) "City" means the Corporation of the City of Pickering; (m) "specified body areas" means any one or more of the following: (i) in the case of a female person, her areolae; and (ii) in the case of all persons, the genitals and the anus; (n) "specified sexual activities" means one or more of the following: actual or simulated sexual intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal intercourse, and oral sexual intercourse, direct physical stimulation of unclothed genital organs, and flagellation or torture :in the context of a sexual relationship or activity; (o) "videotape" means cinematographic film, videotape and an3' other medium from Which may be produced visual images that may be viewed as moving pictures; (p) "videotape store" means any premises or part thereof in wlfich videotapes are provided in the pursuance of a business, and includes an adult videotape store. LICENCE REQUIREMENT There shall be taken out by every owner and every operator of an adult videotape store a licence from the Council authorizing him or her to carry on such business in the City, for which licence the person obtaining same shall pay to the Council, at or before the time of taking out such licence, the fee fixed by this By-law, and no person shall, within the limits of the City, carry on or engage in suclh business until he or she has procured such licence so to do. The regulations contained in this By-law relating to the display of adult videotapes and to the prohibition of admission to all or part of premises by persons under the age of 18 years, shall apply to all videotape stores. DEFINED AREAS AND LIMITATION ON NUMBERS OF LICENCES 4. (1) Subject to subsection (2), the ama of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be part of this By-law, is an area in which three adult videotape stores may operate and no adult videotape stores are permitted to operate in any other area or areas of the City. (2) No adult video store shall be permitted to operate within 250 metres of a school building. (3) No person shall operate an adult videotape store in the City except as permitted under this By-law and pursuant to a licence issued under this By- law. ADMINISTRATION 5. The Licensing Section shall: (a) receive and process all applications for licences required under this By-law; (b) administer the issuance of licences in accordance with the provisions of this By-law; (c) maintain and keep records of all applications received and licences issued; (d) generally perform administrative functions incidental and necessary to the due administration and enforcement of this By-law. 7 APPLICATIONS FOR LICENCES 6. (1) Every person applying for a licence under this By-law shall file with the Licensing Section a duly completed application form provided by the Licensing Section, in which the applicant shall provide all information sought in such application form. (2) The applicant shall, at the time of the filing of the application form required under subsection (1), deliver to the Licensing Section the following: (a) cash, money order or certified cheque in the amount of the licence fee, fixed pursuant to Schedule "A" of this By-law, for every licence required under this By-law or for the renewal thereof} (b) if the applicant is a corporation, a copy of the incorporating document and of the last annual information return filed, and a list of the names and home addresses of the directors, shareholders and officers of the corporation and of any corporation having an interest, direct or indirect, in the adult videotape store; and (c) if the applicant is a partnership, a list of the names and home addresses of the partners, and if a registered partnership, a copy of the registered declaration of partnership. Every application form shall include a requirement that the applicant provide at least the following information: (a) the name and address of the applicant; (b) the address of the applicant and of the intended licensee, to which the City or its Licensing Section may send or deliver any notice or other document required or authorized by law; (c) the municipal address of each building, premises or place in respect of which a licence is sought and where a business licensed or required to be licensed is or is intended to be carded on; (d) the name and address of the owner of any building, premises or place in which any such business is to be carded on; (e) any trade or business description to be used in relation to the business; (f) the telephone number of such business; 8 (h) (1) (2) (2) (3) (4) a record of all offences, other than offences relating to motor vehicles, under any by-law, provincial statute or federal statute in respect of' which the applicant, if the applicant is an individual, any of the partners, if the applicant is a partnership, or any of the directors, shareholders and officers of a corporation, if the applicant or any party having a direct or indirect interest in the business, is a corporation, has or have been convicted; and the measurements of the floor area in the premises in which videotapes are or are to be displayed or provided, and of the area, if such is smaller, used or to be used for the provision or display of adult videotapes. If the applicant is not an individual, the application form shall be completed and updated from time to time as this By-law requires, by an indMdual duly authorized by the applicant to execute such form on behalf of the applicant and binding upon it, and the individual completing such for~n shall sign the form, certifying the troth and completeness of the information provided therein. The provisions of this By-law relating to an application for a licence shall apply, with necessary modifications, to an application for the renewal of a licence or to amend a licence or a condition of such licence, except that where the applicant notifies the Licensing Section in writing that the information on file with the Licensing Section has not changed, the applicant shall not be required to complete a new application form or amendment thereto in respect of an application for renewal. Upon the receipt of an application form by the Licensing Section, the Manager shall carry out such investigation or verification relating 'to the application as he or she may deem necessary for the purposes of the administration of this By-law and, if the investigation or any other information available to the Manager discloses no reasonable grounds to believe that the application is not in compliance with the By-law, or that the applicant may not be entitled to the issuance of a licence on the grounds referred to in this By-law or by reason of any other provision of this By- law or other applicable law, may issue the licence. If the investigation or any other information available to the Manager discloses reasonable grounds to believe that the applicant may not be entitled to the issuance of'a licence on grounds referred to in this By-law, or by reason of any other provision of this By-law or other applicable law, or if for any other reason the Manager does not issue the licence applied for, the Manager shall forthwith cause notice: of this fact and the reasons therefor to be served upon the applicant at the address shown cm the application form, and refer the matter to the Council, or to a committee established by by-law of the Council for the holding of a hearing under this By-law. The Manager shall, in any notice served under subsection (2), inch~de in such notice a statement that the applicant may require a heating of the application by the council or a committee of the Council, as the case may be, by serving a notice in writing to that effect upon the Manager wiflfin 15 days of the date of the notice, and a statement that if no such notice is served by the applicant the application may not be gnmted and the applicant will not be entitled to any further notice in the proceedings. Where the Manager receives notice fi'om an applicant requiring a hearing in accordance with this section, the Manager shall forthwith refer the application to the Council or committee as the case may be, tbr a hearing. 10. 11. (5) Where the Manager does not receive notice from an applicant requiring a hearing in accordance with this section, the Manager need not process the application further, and no further notice is required to be served upon the applicant. (6) Where an application has been referred to the Council or a committee for a hearing under this section, and the applicant does not attend before the Council or committee at the time and place of which notice has been served upon such applicant in accordance with this By-law, the Council or the Committee may hold a hearing in the absence of the applicant or may decide to take no further action with respect to the application, and no further notice is required to be served upon the applicant. where the Manager has referred an application to the Council or a committee for a hearing pursuant to section 9 of this By-law, the Council or the committee may, after a hearing, or atter an opportunity for a hearing has been given to the applicant: (a) (b) (c) grant the application in whole or in part and direct that the licence be issued, subject to compliance with this By-law; (d) grant the application subject to such conditions as the Council or the committee, as the case may be, in accordance with this By-law, considers just and equitable in attaining the purposes of this By-law, and direct that the licence be issued subject to such conditions and to compliance with this By-law; refuse in whole or in part to grant the application upon grounds contained in this By-law or otherwise by-law; or adjourn the application in accordance with this By-law, or make such other disposition as may be permitted under this By-law and is in accordance with law. The following are grounds upon which the Council may refuse to grant any application for a licence, or suspend or revoke any licence under this By-law: (a) (b) (c) there are reasonable grounds for belief that any application or other document provided to the Licencing Section by or on behalf of the applicant contains a false statement or provides false information; or (a) the past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director, shareholder or officer of the corporation, if the applicant or a party having a direct or indkect interest in the business, is a corporation, affords reasonable grounds for belief that the business in respect of which the application is made will not be carried on in accordance with the law and with integrity and honesty; or there are reasonable grounds for belief that the carrying on of the said business will result in a breach of this By-law or any other law, including any applicable zoning requirement; or the financial position of the applicant affords reasonable grounds to believe that the business will not be carried on in a financially responsible manner; or 9 10 (e) (g) (h) (i) there are reasonable grounds for belief that the application does not meet all the requirements of this By-law, or that the business is carried on or intended to be carried on in an area of the City where such business is prohibited by this By-law from being carried on, or i.s one in respect of which the issuing of a licence in respect of the business is not permitted by this By-law; or there are reasonable grounds for belief that the building, premises or place in which the business is carried on, or intended to be carried on does not comply with the provisions of this By-law or with any other law, including any applicable building requirements, or is dangerous or unsafe; ,or the conduct of the applicant or of one or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or sa~?ety, of one or more members of the public or the applicant if not prepared to comply, or does not comply or ensure compliance, with any condition imposed or intended to be imposed, under this By-law upon the business or upon the licensee, as a requirement of obtaining, continuing to hold or renewing a licence; or the fee payable in respect of the licence applied for has not been paid. HEARINGS (1) (2) (3) The provisions of ss. 5 to 15, 17(1), 1.8 and 21 to 24 of the Statutory_ Powers Procedure Act, as amended, shall apply to all hearings conducted by Council or a committee under this By-law. Upon the conclusion of a hearing conducted by a committee under this By- law, the committee shall as soon as practicable make a written report to the Council summarizing the evidence and arguments presented by the parties, the findings of fact made by the committee and the :recommendations, if any, of the committee, with reasons therefor, on the merits of the application or matters in respect of which the heating has been conducted. After conducting, a heating, or after considering, a report of the committee, the Council may thereupon in respect of such application or matter, make any decision pemfitted under this By-htw in respect of the granting or refusal of a licence, the imposing of conditions on a licence, or the revocation or suspension of a licence,, REVOCATION, SUSPENSION, PROBATION 13. The Council may revoke or suspend any licence issued under this By-law, upon any of the grounds set out in section 11, provided that no licence shall be revoked or suspended except after a hearing by the Council, or a corranittee appointed by by-law for the holding of one or more hearings, or after an opportunity for such a hearing has been afforded to the licensee, in accordance with law. 14. (0 Where the Council or a committee concludes that grounds exist upon which a licence may be refused, suspended or revoked,, the Council may, in lieu thereof, issue a licence fo: any period up to a full licence period, on probation, or without a term of probation, subject to such conditions as the Council may impose and are in accordance with law. (2) The Manager may, where he or she has reasonable grounds to believe that any one or more grounds exist upon which a licence could be refused, revoked or suspended, or render it appropriate that general or special conditions be imposed as a requirement of continuing to hold a licence, provide written notice to the licensee and to the Council of such fact, and provide notice to the licensee of a right to a hearing, in accordance with this By-law and other applicable law. 11 ISSUANCE AND TERMS OF LICENCES 15. Every licence issued under this BY-law may be issued for any period up to one year, and shall expire on December 31 of the year in which it is issued. 16. A licence issued under this By-law is personal to the licensee, and cannot be transferred. 17. 18. 19. The rights granted by a licence issued under this By-law apply only to the location for which the licence is issued. Where a completed application form for the renewal of a licence is not submitted to the Licensing Section before the expiry date, the applicant shall be required to submit a new application, together with the application fee. Where a licence is revoked, the licensee is entitled to a refund of a part of the licence fee proportionate to the unexpired part of the term for which it was granted. NOTICE 20. (0 (2) Any notice or other information required or authorized to be given under this By-law is sufficiently given if delivered personally or sent by registered mail addressed to the person to whom delivery is required to be made at the last address for delivery appearing on the records of the Manager. Where service is effected by registered mail, it shall be deemed to be made on the third day after the date of mailing, unless the person on whom service is being made establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice or order until a later date. CHANGES IN INFORMATION 21. (1) Every licensee shall notify the Licensing Section in writing within four days after the event, of any change in any of the information contained in the application form. (2) Where a change has occurred in the name or business name'of a licensee, the licensee shall attend within four days of the date of the change, at the office of the Licensing Section, to have the licence and licence records amended accordingly. 12 REGULATIONS APPLICABLE TO ADULT VIDEOTAPE STORES 22. Every licensee shall: (a) prominently display the licence at the premises licensed at all times and shall produce the licence upon request by the Manager, any by-law enforcement officer and any police officer; (b) keep the premises in a. clean and sanitary condition; (c) maintain on the premises, during all business hours, available for inspection by the Manager, any By-law Enforcement Officer or any Police Officer, a current list of all adult videotapes provided on the premises; (d) carry .on business only in the name in which the licence is issued, or such other business or trade name provided to the Licensing Section and endorsed by it upon such licence; and (e) advertise, promote and carry on such business only under the name in which the licence is issued, or such other business or trade name provided to the licensing section and endorsed by it upon such licence. 23. (0 No owner, operator or any person working in an adult videotape store or adult videotape area shall permit any person under the age of eighteen years to enter or remain in such store or area. (2) No owner, operator or any other person shall work in an adult videotape store or adult videotape area or in any part of any videotape store in which adult videotapes are provided, unless such person is of the age of eighteen years or older. 24. (1)' Every operator shall post and keep posted at every entrance to any adult videotape store operated by such operator, and in a prominent location inside such store, signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen years is permitted to enter or remain in such store or any part thereof. (2) Exterior signs and advertisements relating to adult videotape stores and to the provision of adult videotapes, shall be restricted to the words "adult videos", "adult videotapes", or "adult videotapes sales or rentals" and shall not include pictor',al representation of specified body areas ,or specified sexual activities. REGULATIONS APPLICABLE TO ALL VIDEOTAPE STORES 25. Every owner and every operator of a videotape store, whether or not he or she is licensed or required to be licensed under this By-law, shall, in the carrying on of such business, comply with the regulations contained in this By-law relating to the provision of adult videotapes. (2) Every owner and operator' referred to in subsection (1) shall ensure that every person working in such videotape store complies 'with all requirements of this By-law relating to the provision of adult vicleotapes and the prohibition of access to all or part of the premises to persons under the age of eighte,:n years, as requked by this By-law. 13 26. (3) O) (2) (3) (4) Every person working in a videotape store shall comply with all requirements of this By-law relating to the provision of adult videotapes and the prohibition of access to all or part of the premises to persons under the age of eighteen years, as required by this By-law. No owner or operator of a videotape store in which adult videotapes are provided, shall permit any person under the age of eighteen years to enter or remain in any part of such store where adult videotapes are provided, or within three metres of any adult videotape unless such adult videotape is located in an adult videotape area; Every owner and operator of a videotape store in which any adult videotape is provided, shall affix, in a prominent location inside such store and at every entrance to any adult videotape area, a sign or signs sufficient to indicate deafly to persons in the store, that no person under the age of eighteen years is permitted to enter or remain in any adult videotape area in accordance with this By-law. Every operator of a videotape store, including an adult videotape store, and every person working in such store, shall ensure that no person under the age of eighteen permitted to enter an adult videotape store, or any adult videotape area, in accordance with this By-law. Every operator of videotape store and every person working in such store shall ensure that no adult videotape, or container for an adult videotape shall be displayed in such a manner so as to be visible from outside the store. (5) Every operator of a videotape store and every person working in such store shall ensure that no adult videotape, or container for an adult videotape, shall be displayed in a videotape store that is not an adult videotape store, in a location where it can be seen by persons in the store, unless such adult videotape or container is in a separate location in such store to which persons under the age of eighteen years are not permitted to enter, and such adult videotape or container is displayed in a location where it cannot be seen fi.om outside such area. PENALTY 27. (1) (2) Every person who contravenes any provision of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine, exclusive of costs, not exceeding $25,000.00. Where a corporation is convicted of an offence under this By-law, the maximum penalty, exclusive of costs, that may be imposed on the corporation is $50,000.00, and not as provided in subsection (1). VALIDITY 28. If a court of competent jurisdiction declares any provision, or any part of a provision of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terries to the extent possible according to law. SHORT TITLE 29. This by-law may be referred to as the Adult Videotape Licensing and Regulatory By-law. EFFECTIVE DATE 30. This By-law comes into force and effect on the day of its enactment. 31. No adult videotape store shall be licensed under this By-law except in accordance with Schedule "B", and no such licence may be granted for any adult videotape store, except in respect of any part of premises lawfully used. for the business of the provision of adult videotapes on the date of enactment of this By-law, and continued to be used for such purpose through the period up to the issuance of the licence. REPEAL OF BY-LAW 32. By-law Number 5474/99 is hereby repealed. By-law read a first, second and third time and finally passed this 7th day' of May, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE "A" TO BY-LAW NUMBER 5828/0! Adult Videotape Stores: First Licence or Renewal Owner/Operator: $1,500.00 Owner who does not operate: $1,400.00 Operator other than Owner: $ 100.00 For the term of any licence period expiring December 31st of any year. i6 ~,,mpq PROHIBITED AREA mm mm PERMITFED AREAS (PROPERTIES CONTIGUOUS TO KINGSTON ROAD) SCHEDULE 'B'. TO BY-LAW 5828/ol PASSED THIS 7th DAY OF May 2001 MAYOR CLERK 17 Q~'~nOB 3~OHS TRA~L HiLL ROAD J-OO~LLHDF1 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM April 26, 2001 To: From: Subject: B. J. Taylor City Clerk Tyler Barnett Planner 1 Draft Amending By-law for Zoning By-law Amendment Application A 01/01 Veridian Corporation (Pickering Pentecostal Church) Part of Lot 16, Concession 1 City of Pickering On April 23, 2001, Executive Committee recommended approval of Zoning By-law Amendment Application A 01/01 to permit the establishment of a place of religious assembly and a day care facility while maintaining 1050 square metres of office space. The draft by-law has been circulated to, and approved by, the applicant. Should Council adopt Executive Committee's recommendation for approval at their May 7, 2001 Meeting, Council may consider the attached Zoning By-law later on that same meeting. A Statutory Public Meeting was held fi>r this application on March 22, 20011. Please note that this by-law may be given all three readings at the May 7, 2001 Council Meeting, provided Council approves the above-noted application earlier that stone Meeting. The purpose and effect of this by-law is to permit the establishment of a place of religious assembly and a day care facility while maintaining 1050 square metres of office space. If you require further assistance or clarification, please do not hesitate to ce.ntact the undersigned. I concur that this by-law be considered at this time. D~rec~;9~in~&'Development JTB/jf Jtb\ve. rldianXbylawmem, doe Enclosure THE CORPORATION OF THE CITY OF PICKER/NG BY-LAW NO. 5829/01 19 Being a By-law to amend'Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 16, Concession 1 (Part 1, 40R-19683), in the City of Picketing. (A01/01) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to permit the establishment ora place of assembly, day care, and office uses; 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: 1. 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 Part of Lot 16, Concession 1 (Part 1, 40R-19683), designated "M-IC(DN)" 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. DEFINITIONS In this By-law, (1) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carded on, and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio broadcasting station, but shall not include a retail store; (2) "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; (3) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; (4) "Liv. ht Manufacturing Plant" shall mean a manufacturing plant used for the dry cleaning, pressing or laundering of garments, the production of apparel and finished textile products other than the production of synthetic fibers, printing or duplicating, the manufacture of finished paper and allied products other than the 20 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, plasticware, porcelain, earthenware, glassware or similar articles, such as furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios amd electronic components; (5) "Lot" shall mean an area of land fronting on a street wlfich 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, m 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; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" 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; (6) "Manufacturing Plant" shall mean a building or structure or part thereof in which is carried on an activity or operation pertaining to the making of any article or part of an article, which shall include altering, assembling, repairing,, omamenting, finishing, cleaning, polishing, washing, packing, adapting l?or sale, breaking up, or demolishing the said article; (7) "Place of Religious Assembly". shall mean lands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (8) "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; (9) "Professional Office" shall mean a building or part cf 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-mb parlour as defined by the Municipal Act, R.S.O. 1990, c.m..45, as amended from time-to-time, or any successor thereto; (10) "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 horizon~:al 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, (f) (g) (la) (i) the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "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; "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; "Flankage 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; "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a tankage 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; (j) "Interior Side Yard" shall mean a side yard other than a tankage side yard. o PROVISIONS (1) (a) Uses Permitted ("M-IC(DN)" Zone) No person shall within the lands designated "M-IC(DN)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) business office; (ii) day nursery; (iii) light manufacturing plant; (iv) place of religious assembly; (v) printing establishment; (vi) professional office; (b) Zone Requirements CM-IC(DN)" Zone) No person shall within the lands designated "M-IC(DN)" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) FRONT YARD DEPTH (minimum): 9.0 metres; (ii) SIDE YARD WIDTH (minimum): 4.5 metres; (iii) FLANKAGE SIDE YARD WIDTH (minimum): 4.5 metres; (iv) REAR YARD DEPTH (minimum): 7.5 metres; (v) PARKING REQUIREMENTS: A There shall provided and maintained a minimum of 225 parking spaces on the lands zoned "M-IC(DN)" on Schedule I attached to this By-law; B Sections 5.21.2 (b) of By-law 2511 as amended shalt not apply to the lands designated "M-IC(DN)" on Schedule I attached hereto; and 22 4 C Despite 5.21.2 (g) and (k) of By-law 2511, as amended, all entrances and exists to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (vi) OPEN STORAGE: All uses, other than parking and outdoor play areas, shall take place entirely within enclosed buildings or structures with no outside storage or display permitted. (vii) SPECIAL REGULATIONS: A The gross leasable floor area of all buil,~ngs shall not exceed 4200 m2; and B The maximum aggregate gross leasable tloor area for all places of religious assembly shall not exceed 3000 m2. 6. 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. 7. 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 7th day of May ,2001. Wayne Arthurs, Mayor Brace Taylor, Clerk 23 PART 2, 40R-19685 PART 1, 'M-IC(DN) 40R-19683 SCHEDULE T TO BY-LAW 58~9/oi PASSED THIS, 7th DAY OF May 2001 MAYOR CLERK :ICKERIN~ PARKWAY QUARTZ ST. BAYLY ---IF CLEMENTS City of Pickering II STREET BAYLY PROPERTY STREET SILICON DRIVE ROAD CLEMENTS R Ot~_j I I I r ~ · Planning & Development Department j'DATE APR 27, 2001 25 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 1, 2001 To: From: Subject: Brace Taylor City Clerk Tyler Barnett Planner 1 Draft Amending By-law for Zoning By-law Amendment Application A 6/99 (Draft Plan of Subdivision 18T-98018) (Official Plan Amendment Application OPA 99-001/P) Bopa Developments Inc. Part of Lot 33, Concession 1 (South-west comer of Altona Road and Finch Avenue) City of Picketing On June 26, 2000, Council approved the above-noted application to permit the development of 58 semi-detached dwellings on 14 metre frontage lots and to conserve open space lands. Conditions of approval have now been satisfied and a draft amending by-law has been prepared. 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 May 7, 2001. A Statutory Public Meeting was held for this application on June 17, 1999. The purpose and effect of this by-law is to permit the development of 58 semi-detached dwellings and conserve open space lands. 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. Direct~g & Development JTB/pr Jt bXl0opa~fl av, m em.doc Enclosure THE CORPORATION OF THE CITY OF PICKERI~G _BY-L_AW NO. 5830 /01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District ]?lanning Area, Region of Durham in Part of Lot 33, Concession 1, in the City of Picketing. (A 6/99, 18T-98018 & OPA 99-001/P) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of semi-detached dwellings and open space areas in Part of Lot 33, Concession l, in the City of Piekering; AND WHEREAS an amendment to By-law 3036, 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 declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law Shall apply to those lands in Part of Lot 33, Concession 1, designated "SD-7" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or pa~t thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this B)qaw. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, indePendent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Dwelling". shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Semi-Detached or Semi-Detached Dwelling" s2aall mema one of a pair of single dwellings, such dwellings being attached above grade,' by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6 metres;. (2) (a) "Floor Area - Residential" shall rr ean the area of the floor surface contained within the outside walls of a storey or part of a storey; -2- 27 (3) (4) (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (a) "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; (b) "Lot Coverage". shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" 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; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (a) yYard" 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; (0 "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) "Flankage 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) "Flankage 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 buildkng or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) semi-detached dwelling residential use; (b) Zone Requirements ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any buildh~g except in accordance with the following provisions: (i) LOT AREA (minimum): 205 square metres; (ii) LOT FRONTAGE (minimum): 7.0 meld:es; (iii) FRONT YARD DEPTH (minimum): 4.5 metres; (iv) INTERIOR SDE YARD WIDTH (minimum): A 1.2 metres; and B on the side where dwellings on adjacent lc,ts are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, or a direct extension thereof, shall be set back fi.om the lot line separating such lots as follows; 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or II 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; (v) FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; (vi) REAR YARD DEPTH (minimum): 7.0 metres; (vii) LOT COVERAGE (maximum): 50 percent; (viii) BUILDING HEIGHT (maximum): 12.0 metres; (ix) DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; (x) PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less titan 6 metres fi:om the fi:ont lot lilac, and not less than 6 metres fi.om any side lot line immediatel[y adjoim[ng a street or abutting on a reserve on the opposite side of which is a street; -4- 29 (2) B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. (xi) SPECIAL REGULATIONS: A despite section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; and B a bay window shall be permitted to project a maximum of 0.6 metres into any required flankage side yard. (a) Uses Permitted COS-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. (3) (a) Uses Permitted ("A" Zone) No person shall within the lands designated "A" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following: (i) Section 7.1 of By-law 3036. (b) Zone Requirements CA" Zone) No person shall within the lands designated "A" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except in accordance with the following provisions: (i) Section 7.2 of By-law 3036. MODEL HOMES Despite the provisions of clause 6.1 of By-law 3036, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached hereto prior to division of those lands by registration of a plan of subdivision or condominium. For the purposes of this By-law, "Model Home" shall mean a dwelling trait used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. 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 witlh 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 pas:~ed this 7th day of May ,2001. Wa~eArth~s, Ma~r Bruce Taylor, Clerk FINCH 13ZTm OS-HL 217.,6m 70.5m 41.4m SD-7 AVENUE 'SD-7 STREET 104,7m 14g,~11 PART OF LOT I pLAN ,.t88 IIg.Om SCHEDULE 1' TO BY-LAW . 5830/01 PASSED THIS 7th DAY OF May 2001 MAYOR CLERI~ 32 PLANNING & DEVELOPMENT DEPARTMENT April 26, 2001 To: From: Subject: MEMORANDLgVI B. J. Taylor City Clerk Tyler Barnett Planner 1 Draft Amending By-law for Zoning By-law Amendment Application A 19/00 Estate of Morley Black (Petro-Canada) Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643) City of Pickering On February 5, 2001, Council approved Zoning By-law Amendment Application A 19/00 to amend the existing zoning to include a retail store associated with a gas station facility. The application was approved with two conditions that were to be satisfied prior to forwarding an implementing by-law to City Council. The first condition required the applicant to obtain conceptual site plan approval, which has been completed. The second ,:ondition requires the applicant to enter into appropriate agreement(s) with the City of Pickering to address off-site works. Staff are confident that off-site works will be appropriately addressed through the associated site plan application. Therefore a draft amending by-law has been prepared for Council's consideration. 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 May 7, 2001. A Statutory Public Meeting was held for this application on August 10, 2000. The purpose and effect of this by-law is to amend the existing zoning to include a retail store associated with a gas station facility. 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. ~~&~Development JTB/jf Jt b'~petro\bylawmem doc Enclosure THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5831/01 33 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Pickering. (A19/00) WHEREAS the Council. of the Corporation of the City of Picketing deems it desirable to permit the establishment of a gas station and car wash facility and accessory retail convenience uses on the subject lands, being Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Picketing; AND WHEREAS an amendment to By-law 3036, 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 declared to be part of this By-law. notations and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 23, Concession 1 (Part 2, Plan 40R-4643), City of Picketing, designated "CA(E)" on Schedule I attached hereto. o 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, "Automobile Service Station - T~e "E" shall mean an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which also may include one mechanical car wash and limited convenience retail sales, but shall not include facilities for the repair and maintenance of vehicles, or facilities for the repairing or painting of vehicle bodies; "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all the storeys of a building or structure, or part thereof as the case may be, other than rooms or space jointly used by tenants of the building, such as garbage storage areas, mechanical and electrical rooms, lobbies, stairwells, elevators and service corridors; (a) "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; 34 (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant fi.om the fi:ont lot line; (4) "Mechanical Car Wash" shall mean an establishment where facilities are provided for the washing and cleaning of vehicles using production line method:; emplo35ng mechanical devices wholly enclosed within a building; (5) "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, slauctures, 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; (0 "Side Yard" shall mean a yard of a lot extending fi.om the front yard to the rear yard, and fi.om 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) "Flankage 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) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a tankage side yard of a lot between the lot line adjoi~fing 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 0) "Interior Side Yard" shall mean a side yard other than a tankage side yard. 5. PROVISIONS (1). Uses Permitted ("CA(E)" Zones) No person shall within the lands designated "CA(E)" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) automobile service station - type "E"; 3 35 (2) Zone Requirements ("CA(E)" Zone) No person shall within the lands designated "CA(E)" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 0.3 hectares (b) LOT FRONTAGE (minimum): 45 metres (c) BUILDING LOCATION AND SETBACKS: A Buildings and structures shall comply with the minimum setbacks illustrated on Schedule I attached hereto; (d) STRUCTURE HEIGHT (maximum): 7 metres (e) BUILDING HEIGHT (maximum): 7 metres (0 PARKING REQUIREMENTS: A There shall be a minimum of 10 parking spaces provided and maintained on the lands zoned "CA(E)" on Schedule I attached to this By-law; B Sections 5.21.2 (a) and 5.21.2 (b) of By-law 3036 as amended shall not apply to the lands designated "CA(E)" on Schedule I attached hereto; and C Despite 5.21.2 (g) and (k) of By-law 3036, as amended, all entrances and exists to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof. (g) SPECIAL REGULATIONS: A The aggregate of the gross leasable floor area of an automobile service station - type "E" shall not exceed 360 square metres; B All uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; C Despite subsection 5.(2)(g)(B) of this By-law, maximum display area of 10 square metres may be ~used for the limited outdoor storage and display of convenience items accessory to an automobile service station - type "E"; and D Despite subsection 5.18(a) of By-law 3036, accessory structures may be erected in any yard. BY-LAW 3036 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. Defmitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 36 4 7. 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 7th day of May ,2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk I----1 BUILDING ENVELOPE .© SCHEDULE I TO By-LAw 583~/o~ PASSED THIS, 7th DAY OF May 2001 MAYOR CLERK 38 FINCH GLOUCESTER AVENUE /11111111111- CANBOROUGH FINCH SQUARE E'VERTC~N STREET ROSEFIELD O D ROAD BRANDS COU GLENANNA =ORTION OF I_~NDS SUBJECT __ OF APPLICATION A 19/00 40R-4~3) AVENI LANE BAYLY City of Pickering WAYFARER LANE POPRAD AVENUE TATRA DRIVE Planning & Development Department DATE APR 27, 2001 ADMINISTRATION DEPARTMENT LEGAL SERVICES DIVISION 39 MEMORANDUM April 20, 2001 To; Brace Taylor City Clerk From: Denise Bye Manager, Legal Services Subject: Road Dedication By-Law Sandbury Building Corporation (Plan 40M-1590, Pickering) - Part of Lot 171, Registrar's Compiled Plan 816, designated as Parts 2 and 3, Plan 40R-12593 - File: W2304.403 When the Subdivision Agreement relating to the Development of Plan 40M-1590 was amended, the subject lands were conveyed to the City along the open end of Rouge Hill Court. It was intended that upon the development of the adjacent lands, the subject lands would be dedicated as public highway. As our Planning & Development Department has advised that 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 dedicate the subject lands as public highway 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 May 7, 2001. DB:lira Attachments Denise By~e Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control 4t0 THE CORPORATION OF THE CITY OF PICKER/lNG BY-LAW NO. 5832/01 Being a by-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, designated ar Parts 2 and 3, Plan 40R-12593 (Rouge Hill Cour0 as public highway. WHEREAS The Corporation of the City of Picketing is the owner of those parts of Lot 171, Registrar's Compiled Plan 816, designated as Parts 2 and 3, Plan 40R-12593, Pickering and wishes to dedicate them as public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those parts of Lot 171, Registrar's Compiled Plan 816, designated as Parts 2 and 3, Plan 40R-12593, Picketing are hereby dedicated as public highway (Rouge Hill *Court). BY-LAW read a first, second and third time and finally passed this 7th day of May, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk W2304.403 411 ~ I 111111 I ' ''' ~ ~' I I I Ill I IIIIIIIlllllllJ SHEPPARD TWYN .~R~ DRIVE AVENUE · iw ~ / I ~ ~0~ I I ~ ~~ ROAD ~~~- ~I I~~ ~~ ~) --~ ,o¢ ~ ~l_ ~ I / Y~ ~ --~ ~/. --~//--i / %~ I X~~~ J ~lV~ l, ~ ~~ <~~i ,-!~ ,, ~i.~~ ~Y ~ f//A~ -- I , Ci~ of Pickering Planning & Development Depa~ment FIlE ~o. W28~.408 i -~ ST~"VE R CRES. 42 April 25, 2001 To: From: Subject: ADMINISTRATION DEPARTMENT LEGAL SERVICES DIVISION MEMORANDUM Bruce Taylor City Clerk Denise Bye Manager, Legal Services Part Lot Control - Castleloch Developments - Lots 1, 4 and 10, Plan 40M-1956 - File: P4101.215 The above-mentioned lands are being developed in accordance ,a4th 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 6[ct, 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 Cou~acil at its meeting scheduled for May 7, 2001. DB:Ijm Attachment Copy: Manager, Current Operations Division /~' ~.~ ~ ~ Denise Bye ~ ~ 43 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5833/01 Being a by-law to exempt Lots 1, 4 and 10, Plan 40M-1956, 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 1, 4 and 10, Plan 40M-1956, 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 May 7, 2002. BY-LAW read a first, second and third time and finally passed this 7th day of May, 2001. Wayne Arthurs, Mayor Brace Taylor, Clerk c,O~~o°~ FINCH SECUIN SQ, AMBERLEA IIII '1 II SAUGEEN CRES. ~RINGVIEW DRIVE CRES. WOOD$1dERE j~7~fllllllltllllllllllll J ~::A~kllllllllltlllllllllllJJ KK COURT ROAD HIC;HVIEW CRESCENT CHIRON CR~[SCENT COGNAC AVENUE COURT ROAD ARCADL~ SQUARE LANE STF ADMINISTRATION DEPARTMENT LEGAL SERVICES DIVISION 45 MEMORANDUM AprillS, 2001 To: From: Subject: Bruce Taylor City Clerk Denise Bye Manager, Legal Services Part Lot Control By-Law 1298989 Ontario Inc. Lots 1, 2, 3, 19 and 21, Plan 40M-2033 - File: P4101.214 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 mad 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 May 7, 2001. Denise Bye ! DB:ljm Attachment Copy: Manager, Current Operations Division 46 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5834/01 Being a by-law to exempt Lots 1, 2, '3, 19 and 21, Plan 40M-2033, 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 designateq 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, dc.es not apply to the lands described as follows: Lots 1, 2, 3, 19 and 21, Plan 40M-2033, 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 May 7, 2002. BY-LAW read a first, second and third time and finally passed this 7th day of May, 2001. Wayne Arthurs, Mayor Bruce Taylor, Clerk P4101.214 THIRD ti CONCESSION CORRtDOR Hvz:)go COR/~IDoR INGSBROOK COURT oO~...¢.x ,¢,.~o¢° COGNAC FINCH ~,,,,,,,,,, 1=:4 City of Pickering AVENUE FILE No. P4101.214 [ 40M-2033 FINCH AVENUE [-.~%\111 IIIIIIIIIIIIIIII III II I///¥~,~ f Planning & Development Department ~ LOTS 1,2, 3, 19 AND 21 IDATE APR 25, 2001 48 NOTICE OF MOTION DATE: MAY 7, 2001 MOVED BY: SECONDED BY: COUNCILLOR PICKLES COUNCILLOR JOHNSON WHEREAS the Municipalities of Pickering, Ajax, Uxbridge, Markham and Whitchurch- Stouffville and the Regional Municipalities of Durham and York, with the Toronto Region Conservation Authority, have funded the Duffins Creek and Carruthers Creek Watershed Study, that is in review at present, to the sum of $140,000.00; and WHEREAS the Watershed Study is being done now before severe land use has taken place and has detrimental effects on the natural features of both watersheds; and WHEREAS the municipalities have funded these studies so that elected representatives in all levels of government can make better land use decisions in each watershed area; and WHEREAS the Federal Government through Transport Canada ha:s significant land holdings in this area, and WHEREAS substantially more funding is required to continue anq complete these studies; THEREFORE BE IT RESOLVED THAT Council of the City of Picketing seek the support of the municipal and regional partners involved as well as the Toronto Region Conservation Authority in requesting that Transport Canada become a full partner in the study of the Carruthers Creek and Duffins Creek Watershed areas; and THAT Transport Canada be requested, by the existing partners, to contribute aralually a sum of $150,000 to fund the completion of the Watershed Studies oftlae Carrutlhers and Duffins Creek; and THAT a copy of this resolution be forwarded to Transport Canada Minister; David Collenette, the above noted municipalities, the Toronto Region Conser~ation Authority, Bryan Wilfert, M.P. Oak Ridges and Dan McTeague, M.P., Pickering/Ajax/Uxbridge. CARRIED: Bra:horn watershed studies MAYOR 49 NOTICE OF MOTION DATE: MAY 7, 2001 MOVED BY: SECONDED BY: COUNCILLOR BRENNER COUNCILLOR HOLLAND WHEREAS the Oak Ridges Moraine is one of the most significant natural features in Ontario, on par with the Niagara Escarpment; and WHEREAS the Oak Ridges Moraine sustains some of the most significant and distinctive woodlands and wetlands in the Greater Toronto Area; and WHEREAS the Oak Ridges Moraine forms a key element of a connected system of natural features and wildlife corridors that includes the Niagara Escarpment, Oak Ridges Moraine and connections along river valleys to the shores of Lake Ontario, Lake Simcoe, Rice Lake and areas beyond; and WHEREAS the Natural Heritage System for Oak Ridges Moraine Greater Toronto Area Portion delineates the Oak Ridges Moraine, Natural Heritage Features, Major Natural Core Areas and Oak Ridge Moraine Conceptual Linkage and Major Valley Corridor of the Moraine, and, WHEREAS the joint Conservation Authorities have declared their interest in maintaining a wildlife corridor for the Oak Ridges Moraine, generally in the vicinity of the Natural Heritage System for the Oak Ridges Moraine Greater Toronto Area portion; and WHEREAS the Toronto and Region Conservation Authority Resolution A319/99 dated January 7, 2000 requested that the Province reconfirm the Provincial interest in the protection and enhancement of the Oak Ridges Moraine; and · ; WHEREAS the City of Picketing contains portions of the Oak Ridges Moraine that are identified as part of the Province's Natural Heritage Strategy; and WHEREAS lands of the Oak Ridges Moraine in the City of Picketing provide important base flow to the headwaters of rivers for Lake Ontario; and WHEREAS the City of Picketing has made significant investments in the protection and enhancement of headwater areas of Duffins Creek; 5O BE IT RESOLVED THAT the Council of the City of Picketing support the Provincial position for the Oak Ridges Moraine outlined in the document and accompanying map of the May 30th Natural Heritage System for the Oak Ridges Moraine Greater Toronto Area portion as a start towards long-term protection of the entire Oak Ridges Moraine; and THAT the Clerk be directed to forward a copy of this motion to the Ontario Municipal Board, Region of York, the Ministries of Municipal Affairs and Housing, Natural Resources and Environment, neighbouring area municipalities, the Toronto Region Conservation Authority, MPP's and MP's for their information and further be tbrwarded to Durham Region for their endorsement. CARRIED: BIa:NoM Oak Ridges Moraine MAYOR 51 NOTICE OF MOTION DATE: MAY 7, 2001 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR BRENNER 1. That the Corporation of the City of Pickering's Executive Committee be replaced by three Committees of Council, one for each of the three Municipal Departments - a Planning Committee, an Operations Committee and a Finance and Corporate Services Committee effective June 1,2001; and 2. That meetings held before September 1, 2001 be tri-committee meetings to deal with items normally considered by Executive Committee to allow a transition period until the system is fully implemented; and 3. That each Committee of Council be comprised of 3-4 members of Council and that the Mayor of the City of Pickering sit ex-officio on all committees; and 4. That each Member of Council may sit on as many as two committees but is not required to have membership in any committee; and 5. That all former Executive Committee items be considered by the appropriate Committee of Council to make recommendations to Council, and 6. That each committee meet such that two committees report to the first Council meeting of the month and the remaining committee report to the last Council meeting of the month unless the Mayor, CAO or a majority of committee members by petition call an emergency meeting; and 7. That each committee determine its own meeting schedule so long as ample time is provided to consider and make recommendations back to Council for consideration and so that it fits into the rotation as outlined in point 6, and 8. That the Planning Committee meet in the evening; and 9. That the membership of each Committee of Council be determined by Council no later than May 22, 2001 for a term to expire November 31, 2003, and 52 10. That the membership of subsequent Committees of Council be, determined at the beginning of each new term of office in tandem with other comnfittee appointments, and 11. That the Chair of each Committee of Council rotate alphabetically eve~3, meeting among the Committee membership, and 12. That Site Plan Committee be dissolved into the Planning Committee, and 13. That Members of Council receive an honorarium of $2,500 per annum for each committee of which they are a member, and 14. That at the end of one year of implementation of this new structure, Council and senior staff evaluate the success of the new structure as well as calculate the savings and efficiencies that have resulted from the initiative. CARRIED: Bta:NoM Commilt~ 8tru~r¢ MAYOR PICKERiNG 53 REPORT TO COUNCIL FROM: Councillor Mark Holland Councillor Maurice Brenner DATE: May 7, 2001 REPORT NUMBER: C 1-01 SUBJECT: To replace the Executive Committee structure of Council with Committees of Council which align with the corporate reorganization undertaken by the CAO. RECOMMENDATION: o That the Corporation of the City of Pickering's Executive Committee be replaced by three Committees of Council, one for each of the three Municipal Departments - a Planning Committee, an Operations Committee and a Finance and Corporate Services Committee effective June 1, 2001; and That meetings held before September 1, 2001 be M-committee meetings to deal with items normally considered by Executive Committee to allow a transition period until the system is fully implemented; and That each Committee of Council be comprised of 3-4 members of Council and that the Mayor of the City of Pickering sit ex-officio on all committees; and That each Member of Council may sit on as many as two committees but is not required to have membership in any committee; and That all former Executive Committee items be considered by the appropriate Committee of Council to make recommendations to Council, and o That each committee meet such that two committees report to the first Council meeting of the month and the remaining committee report to the last Council meeting of the month unless the Mayor, CAO or a majority of committee members by petition call an emergency meeting; and That each committee determine its own meeting schedule so long as ample time is provided to consider and make recommendations back to Council for consideration and so that it fits into the rotation as outlined in point 6, and That the Planning Committee meet in the evening; and That the membership of each Committee of Council be determined by Council no later than May 22, 2001 for a term to expire November 31, 2003, and 56 RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: '2. That the Confidential Clerk's Report CL 20.01 regarding the Licensing and Regulating of Adult Videotape Stores be received; and That By-law Number 5828/01, as set out in the Agenda for the open session of the Council Meeting of May 7, 2001, be given three readings and enaCted. CARRIED: MAYOR CONFIDENTIAL REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: May 1, 2001 REPORT NUMBER: CL 20-01 SUBJECT: Licensing and Regulating of Adult Videotape Stores RECOMMENDATION: That the Confidential Clerk's Report CL 20-01 regarding the Licensing and Regulating of Adult Videotape Stores be received; and That By-law Number 5828/01, as set out in the Agenda for the open session of the Council Meeting of May 7, 2001, be given three readings and enacted. ORIGIN: Recommendation of the Solicitor for the City to provide a replacemem by-law. AUTHORITY: Section 225 of the Municipal ACt FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The draft by-law attached to this Report replaces the existing by-law to licence and regulate adult video stores due to a Court challenge by the Solicitors for Adults Only Vi&,~ of the existing by- law. BACKGROUND: Council passed By-law Number 5474/99 on March 22, 1999 to licence and regulate adult video stores. The main features of this By-law are that adult videotape stores must be licenced, any videotape store that offers adult videotapes must ensure that they are kept out of reach of anyone under 18 years of age, excluding the two existing adult videotape stores located on Kingston Road which were in existence prior to the passage of By-law 5474/99, only one adult videotape store would be allowed and is required to be located in the Brock Industrial Area. By-law 5474/99 was challenged by the Solicitors of Adults Only Video (AOV) because in the event they wished to relocate from one of their current locations on Kingston Road, they wanted to be able to relocate in an area were there was a high level of local traffic such as along Kingston Road or Liverpool Road. Report to Council CL 20-01 Subject: Licensing and Regulating of Adult Videotape Stores Date: May 1, 2001 Page 2 5¸8 Although the challenge included such statements that the by-law was not circulated to all videotape stores and all adult videotape stores and that notice of the passage of the by-law was not given, the main challenge was that the By-law "ghettoized" adult videotape stores to the Brock Industrial Area and limited the number of new stores to one. AOV was very concerned that should their current landlords not renew their lease, they would not be able to relocate in an area that would attract local traffic any possibly they may not be able to relocate in Pickering if an adult videotape store was already licenced and located in the Brock Industrial Area. The Solicitor for the City has indicated that Pickering would likely lose the Court challenge and instead of detrimentally affecting our right to licence and regulate adult videotape stores, it would be better to find a compromise with AOV. Attached to this Report is a draft by-law that is similar to the current adult videotape store except that it would allow three videotape stores along Kingston Road except in the downtown area between Pine Creek and the hydro corridor that is located east of Valley Farm Road. Also, an adult videotape store could not locate within 250 metres of a school building. I have also attached to this Report a letter dated March 20, 2001 from the Solicitor for AOV agreeing with the compromise and asking that Council acknowledge that the current AOV store located at 1725 Kingston Road (Mandarin Plaza) be recognized in the replacement by-law and that AOV have the ability to relocate its store subject to compliance with the locational criteria set out above. If Council passes the replacement by-law, AOV will be in compliance with the by-law and should they desire to relocate, the City would certainly have no difficulty licensing this store so long as locational criteria is met. This would also apply to the Adult Movie Warehouse that is located at 1163 Kingston Road (Lick's Plaza). Based on the foregoing, I would strongly recommend that Council enact the new by-law and allow it to proceed to Court on May 9~. ATTACHMENTS: Letter dated March 20, 2001 from Solicitor for AOV Draft by-law to replace By-law Number 5474/99 Brace Taylor, City Clerk Attachments Copy: Director, Planning & Development Solicitor for the City Recommended for the consideration of Pickering City Council J. 03/30/01 16:19 FAX 4166224713 REBLE RITCttIE t'~c~-2t~-k:~O1 13:41 TH~,~JN ROGEr3 002 P,O2/a5 Thomson Roocrs ATTACHMENT:/:/. / , TOREPORT#f'z J¢~rey' J. Wilker 416-868-$118 Sent. by Fax March 20, 2001 Mr. R. Andrew Biggart Messrs. Reble, Ritehie, Oreen & Ketcheson Barristers and Solicitors Suite 100 1 Eva Road Etobicoke, Ontario 1vIgC 4Z5 Dear Mx, Biggart: Adults Only Video re Piekering (City) Our File No. 40/$87 RECEIVED CiTY OF: PICKERING APR 0 2 2001 CLERK'S DIVISION I am writing/hrther to our telephone conversation of March 19, 2001. As I indicated, I have received instru~fiorm from my client, Adults Only Video re~pecting the locational criteria to be incorporatad into a replao~nnent adult vidc'o store by-law. These criteria arc as follows: AdUlt video store~ shall be permitted to locate on bo[h the north and ;outh side of Kingston Road (Highway 2) with the exceptions tl~: 1) adult video stores shall not be pemaitted to be located within 250 va of the school buildings as shown on the attached schedule 1 2) adult video stores shall not be permitted to lecat,~ within thc downtown core being the hatched area (only) shown on the attached Schedule 2. It ls understood that the eldsfing Adults Only Vid,~ location will be recognized in the replacement by-law, As well, under that by-law, Adults Only Video would have the ability to relocate its store subject to compliance with the lo,:attonal criteria set om ~tbove. Adult~ Only Video is prepared to accept these locational criteria. We undemtand that staff and legal counsel arc prepared to recommend thc'sc ]oc. ational critcrm, as ineorporated in a replacement by-law to City Council; however, the criteria (and by-law) axe spec/fie, ally subject to Council approval. B A R R [ S T E R S A N D S O L I C I T O R S SUITE 3100 m 390' B/KY STREET. TORONTO, ONTARIO ,- CANADA ~ MSlt 1W2 · FAX 4111-8613-3L34 m ITL. 4:15.868-3100 03,'30/01 16:19 FA~ 4166224713 REBLF RITCHIE t'~R-20-L:'~l 13:42 ~ F,j~X~c-RS 416 86S 31~ ATTACHMENT# Thomson -2- Ro ers ~003 P. 12.3,'~3 60 It is now n~cessary to address the remainder of thc/sm~ arising in thc litigation which should be addressed by thc replaoemen! by-law, for ~tarnpl¢, a mandated revlon' of'the cap of number of ltcences (3 proposed) a~ population in/r~ (az dis~uused at our meeting), adv~-fisLng crc. The outstanding issues are identified in the -affidavit materials fried in the litigation. The process we discussed was the preparation by your offiee~ of a draft by-law wifla same being forwarded to our offices for input from Adults Only Video. I look forward to the reeeipt of same. As discussed, and in order to ensure tha~ a timetable remain~ in place for dealing with thc replacement by-law, we have agreed to adjourn the fixed Court dates of Mm'ch 26 and 27, 2001 to May 9, 2001, to be spok~m to at that time. My offices w~ deal with the ~urt to arrange same.. I trust the foregoing sets out out progress thus far in fids matter. Yourg very truly, Randy Jorgermen, AOV Glenn Wellings, MHBC Planning IJW/pf 61 ATTACHMENT# TBE CORPORATION O~ ~ CITY OF PICK~J~rN~ BY-LAW ~ER 5828/01 Being a by-law respecting the licensing, regulating and governing of · adult videotape stores, and for regulating videotape stores in which adult videotapes are provided. I WHEREAS Part XVH.I of the Municipal Act, KS.O. 1990, c. M.45, as mended (the "Act"), provides for the licensing, regulating and governing of businesses by local municipalities; and' WHEREAS section 225 of the Act also specifically authorizes councils of all municipalities to pass by-laws for licensing regulating, governing, classifying and inspecting adult entertainment parlours or any class or classes thereof and for revoking or suspending any such licence; and WHEREAS "adult entertainment parlour" is defined in subsection 225(91) of the Act to mean any premises or part thereof in which is provided in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations; and WI-IEREAS "goods" are defined in subsection 225(9) of the Act to include books, magazines, pictures, slides, films, phonograph records, pre-recorded magnetic take and other reading, viewing or listening matter; and WHEREAS the Council of the Corporation of the City of Pickering (the "Council" of the "City"). has deemed it desirable to enact a By-law for the licensing, regulating and governing of adult videotape stores as a class of adult entertainment parlour pursuant to the provisions of the Act referred to above; and WHEREAS subsection 225(3) of the Act provides that, despite subsection 257.2(4) of the Act, a by-law passed under section 225 of the Act may define the area or areas of the munidpality in which adult entertainment parlours or any class or classes thereof may or may not operate and may limit the number of the licences to be granted in respect of adult entertainment parlours or any class or classes thereof in any such area or areas in which they are permitted; and WHEREAS the Council deems it desirable to enact a by-law defining areas of the City in which, subject to all other applicable law, adult videotape stores may operate, and areas in which adult videotape stores may not operate, and limiting the number ot:' licences to be granted in respect of adult videotape stores in the City; NOW THEREFORE the Council of the Corporation of the City of Pickering ENACTS as follows: ATTACHMENT# ~- TOREPORT# ¢~- 2o- ~,/ 62 DEFINITIONS 1. In this By-law: (a) "adult videotape" means any videotape the eoment of which is designed or held out as designed, to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject-matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities, or by an emphasis on the display of human specified body areas; O) in the absence of evidence to the contrary, a videotape classified by the Ontario Film Review Board as "restricted", with the added description "adult sex film", shall be deemed to be an adult videotape; Co) "adult videotape area" means an identifiable part of any premises, which part is used for the provision of adult video tapes; (c) "adult videotape store" means any premises: subject to section 3, used for the carrying on of the business of the provision of exclusively adult videotapes; or (u) in which adult videotapes are provided in the pursuance of a business and to which premises entry by persons under the age of 18 years is prohibited, or in respect of which premises it is advertised or notice is given that such entry is prohibited; or in which adult videotapes are provided in the pursuance of a business and in respect of which it is advertised, or notice is given either by signs or other advertising devices on or in the premises, or otherwise, that the premises are an "adult video store", an "adult videotape store", an "adult video rental store", or which are otherwise described by words of like meaning; (d) "conufflttee' means a committee of the Council appointed by by-law to conduct one or more, hearings under the provisions of this By-lay6 (e) "Council" means the Council of the Corporation of the City of Picketing; "Manager" means the Manager of the By-law Enforcement Services Division or, in his or her absence, any person authorized to fulfill the responsibilities of the Manager; "Licensing Section" means the Licensing Section of the By'law Enforcement Services Division of the City; "operator" includes a proprietor, or any other person who alone or with others, manages, supervises, runs or controls a videotape store; "owner" means a person who alone or with others has a right to possess or occupy a videotape store or actually does posses~ or occupy a videotape store, and includes a lessee of a videotape store or of premises upon which a videotape store is located; (j) "premiss' includes a building or any part thereof, and any place; ~ ~3 ATTACHH ENT # ~ TO REPORT (l) (m) (n) (o) (p) "to provide" when used in relation to any videotape, m~am to sell, offer to sell or display for sale by retail, or to rent, offer to rent or display for rental, whether or. not the cost, fee or other consideration passes at the time of such rental or sale, or is effected through the cost of membership, subscription, admission or any other manner; "City" means the Corporation of the City of Pickering; "specified body areas" means any one or more of the following: (i) in the case of a female person, her areolae; and (ii) in the case of all persons, the genitals and the anus; "specified sexual activities" means one or more of the follo,~g: actual or simulated sexual intercourse, masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal intercourse, and oral sexual intercourse, direct physical stimulation of unclothed genital organs, and flagellation or torture in the context of a sexual relationship or activity; "videotape" means cinematographic film, videotape and an3'. other medium from which may be produced visual images that may be viewed as moving pictures; "videotape store" means any premises or part thereof in wltich videotapes are provided in the pursuance of a business, and includes an adult videotape store. LICENCE REQUIREMENT There shall be taken out by every owner and every operator of an adult videotape store a licence from the Council authorizing him or her to carry on such business in the City, for which licence the person obtaining same shall pay to the Council, at or before the time of taking out such licence, the fee fixed by this By-law, and no person shall, within the limits of the City, carry on or engage in such business until he or she has procured such licence so to do. The regulations contained in this By-law relating to the display of intuit videotapes and to the prohibition of admission to all or part of premises by persons under the age of 18 years, shall apply to all videotape stores. DEFINED AREAS AND LIMITATION ON NUMBERS OF LICENCES 4. (1) Subject to subsection (2), the area of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be part of 'this By-law, is an area in which three adult videotape stores may operate and no adult videotape stores are permitted to operate in any other area or areas of the City. (2) No adult video store shall be permitted to operate within 250 metres of a ~chool building. (3) No person shall operate an adult videotape store in the .City except as permitted under this By-law and pursuant to a licence issued under this By- law. ATTACHMENT# 64 ADMINISTRATION 5. The Licensing Section shall: (a) receive and process all applications for licences required under this By-law; (b) administer the issuance of licences in accordance with the provisions of this By-law; (c) (d) maintain and keep records of all applications received and licences issued; generally perform admim'strative functions incidental and necessary to the due administration and enforcement of this By-law. APPLICATIONS FOR LICENCES 6. (1) Every person applying for a licence under this By-law shall file with the Licensing Section a duly completed application form provided by the Licensing Section, in which the applicant shall provide all information sought in such application form. The applicant shall, at the time of the filing of the application form required under subsection (1), deliver to the Licensing Section the following: (a) cash, money order or certified cheque in the amount of the licence fee, fixed pursuant to Schedule "A" of this By-law, for every licence required under this By-law or for the renewal thereof, Co) if the applicant is a corporation, a copy of the incorporating document and of the last annual information remm filed, and a list of the names and home addresses of the directors, shareholders and officers of the corporation and of any corporation having an interest, direct or indirect, in the adult videotape store; and if the applicant is a partnership, a list of the names and home addresses of the partners, and if a registered partnership, a copy of the registered declaration of partnership. Every application form shall include a requirement that the applicant provide at least the following information: (a) the name and address of the applicant; Co) the address of the applicant and of the intended licensee, to which the City or its Licensing Section may send or deliver any notice or other documem required or authorized by law; (c) the municipal address of each building, premises or place in respect of which a licence is sought and where a business licensed or required to be licensed is or is intended to be carried on; the name and address of the owner of any building, premises or place in which any such business is to be carded on; (e) any trade or business description to be used in relation to the business; (f) - the telephone number of such business; 65 o 0) (2) (0 (2) (3) ATTACHMENT # ~_~_TO REPORT# a record of all offences, other than offences relating to motor vehicles, under any by-law, provincial statute or federal statute in respect of which the applicant, if the applicant is an individual, any of the partners, if the applicant is a parmership, or any of the directors, sharehohters and officers of a corporation,-if the applicant or any party having a direct or indirect interest in the business, is a corporation, has or have been c~nvicted; and the measurements of the floor area in the premises in which videotapes are or are to be displayed or provided, and of the area, if such is smaller, used or to be used for the provision or display of adult videotapes. If the applicant is not an individual, the application form sh~dl be completed and updated froTM time to time as this By-law requires, by an individual duly authorized by the applicant to execute such form on behalf of the applicant and binding upon it, and the individual completing such form shall sign the form, cert~ing the truth and completeness of 'the information provided therein. The provisions of this By-law relating to an application for a licence shall apply, with necessary modifications, to an application for t]he renewal of a licence or to amend a licence or a condition of such licence, except that where the applicant notifies the Licensing Section in v~xiting that the information on file with the Licensing Section has not changed, the applicant shah not be required to complete a new application form or amendment thereto in respect of an application for renewal. Upon the receipt of an application form by the Licensintg Section, the Manager shall carry out such investigation or verification relating to the application as he or she may deem necessary for the purposes of the administration of this By-law and, if the investigation or any other information available to the Manager discloses no reasonable grounds to believe that the application is not in compliance with the By-law, or that the applicant may. not be entitled to the issuance of a licence on the grounds referred to in this By-law or by reason of any other provision of this By- law or other applicable law, may issue the licence. If the investigation or any other information available to the Manager discloses reasonable grounds to believe that the applicant may not be entitled to the issuance of a licence on grounds referred to in this By-law, or by fearn of any other provision of this By-law or other applicable law, or if for any other reason the Manager does not issue the licence applied for, the Manager shall forthwith cause notice of this' fact and the reasons therefor to be served upon the applicant at the address shown on the application form, and refer the matter to the Council, or to a committee established by by-law of the Council for the holding of a hearing under this By-law. The Manager shall, in any notice served under subsection (2), include in such notice a statement that the applicant may require a ihearing of the application by the council or a committee of the Council, as the case may be, by serving a notice in writing to that effect upon the Manager within 15 days of the date of the notice, and a statement that if no such notice is served by the applicant the application may not be grm~ted and the applicant will not be entitled to any further notice in the proc~edings. Where the Manager receives notice from an applicant requiring a hearing in accordance with this section, the Manager shall forthwith refer the application to the Council or committee as the case may be, fi~r a hearing. ATTACHMENT# 10. 11. (5) Where the Mamager does not receive notice from an applicant requiring a hearing in accordance with this section, the Manager need not process the application further, and no further notice is required to be served upon the applicant. Where an application has been referred to the Council or a committee for a hearing under this section, and the applicant does not attend before the Council or committee at the time and place of which notice has been served upon such applicant in accordance with this By-law, the Council or the Committee may hold a hearing in the absence of the applicant or may decide to take no further action with respect to the application, and no further notice is required to be served upon the applicant. Where the Manager has referred an application to the Council or a corranittee for a hearing pursuant to section 9 of this By-law, the Council or the committee may, after a hearing or aider an opportunity for a hearing has been given to the applicant: (a) grant the application in whole or in part and direct that the licence be issued, subject to compliance with this By-law; (b) grant the application subject to such conditions as the Council or the committee, as the case may be, in accordance with this By-law, considers just and equitable in attaining the purposes of this By-taw, and direct that the licence be issued subject to such conditions and to compliance with this By-law; (c) refuse in whole or in part to grant the application upon grounds contained in this By-law or otherwise by-law; or (d) adjourn the application in accordance with this By-law, or make such other disposition as may be permitted under this By-law and is in accordance with law. The following are grounds upon which the Council may refuse to grant any application for a licence, or suspend or revoke any licence under this By-law: (a) there are reasonable grounds for belief that any application or other document provided to the Licencing Section by or on behalf of the applicant contains a false statement or provides false information; or Co) the past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director, shareholder or officer of the corporation, if the applicant or a party having a direct or indirect interest in the business, is a corporation, affords reasonable grounds for belief that the business in respect of which the application is made will not be carded on in accordance with the law and with integrity and honesty; or (c) there are reasonable grounds for belief that the carrying on of the said business will result in a breach of this By-law or any other law, including any applicable zoning requirement; or (d) the financial position of the applicant affords reasonable grounds to believe that the business will not be carried on in a financially responsible manner; OF ATTACHMENT ¢~ ~.~__TO REPORT# (i) there are reasonable grounds for belief that the application does not meet all the requirements of this By-law, or that the business '.is carded on or intended to be carried on in an area of the City where tach business is prohibited by this By-law from being carried on, or is one in respect of which the issuing of a licence in respect of the business is not permitted by this By-law; or there are reasonable grounds for belief that the building, premises or place in which the business is carried on,. or intended to be camied on does not comply with the provisions of this By-law or with any other law, including any applicable building requirements, or is dangerous or unsafe; or the conduct of the applicant or of one or more of the persons referred to in paragraph (b) of this subsection affords reasonable grounds for belief that the carrying on of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, of one or more members of the public or the applicant if not prepared to comply, or does not comply or ensure compliance, with any condition imposed or intended to be imposed, under this By-law upon the business or upon the licensee, as a requirement of obtaining, continuing to hold or renewing a licence; or the fee payable in respect of the licence applied for has not been paid. HEARINGS 12. (1) (2) (3) The provisions of ss. 5 to 15, 17(1), 18 and 21 to 24 of the Statutory Powers Procedure Act, as mended, shall apply to all heariaags conducted by Council or a committee under this By-law. Upon the conclusion of a hearing conducted by a committee under this By- law, the committee shall as soon as practicable make a written report to the Council summarizing the evidence and arguments presented by the parties, the findings of fact made by the committee and the recormnendations, if any, of the committee, with reasons therefor, on the merits of the application or matters in respect of which the hearing has been conducted. After conducting, a hearing or after considering, a :report of the committee, the Council may thereupon in respect of such application or matter, make any decision permitted under this By-law in respect of the granting or refusal of a licence, the imposing of conditions on a licence, or the revocation or suspension ofa licence. REVOCATION, SUSPENSION, PROBATION 13. The Council may revoke or suspend any licence issued under this By-law, upon any of the grounds set out in section 1 l, provided that no licence shall be revoked or suspended except after a heating by the Council, or a committee appointed by by-law for the holding of one or more hearings, or after an oppormaity for such a hearing has been afforded to the licensee, in accordance with law. 14. (1) Where the Council or a committee concludes that grounds exist upon which a licence may be refused, suspended or revoked, the Council may, in lieu thereof, issue a licence for any period up to a full licea~ce period, on probation, or without a term of probation, subject to such conditions as the Council may impose and are in accordance with law. (2) ATTACHMENT ~ ~ TO REPORT The Manager may, where he or she has reasonable grounds to believe that any one or more grounds exist upon which a licence could be refused, revoked or suspended,, or render it appropriate that general or special conditions be imposed as a requirement of continuing to hold a licence, provide written notice to the licensee and to the Council of such fa~ and provide notice to the licensee of a right to a h~ in accordance with this By-law and other applicable law. 68 ISSUANCE AND TERMS OF LICENCES 15. Every licence issued under this By-law may be issued for any period up to one year, and shall expire on December 31 of the year in which it is issued. 16. A licence issued under this By-law is personal to the licensee, and cannot be transferred. 17. The fights granted by a licence issued under this By-law apply only to the location for which the licence is issued. 18. Where a completed, application form for the renewal of a licence is not submitted to the Licensing Section before the expiry date, the applicant shall be required to submit a new application, together with the application fee. 19. Where a licence is revoked, the licensee is entitled to a refund of a part of the licence fee proportionate to the unexpired part of the term for which it was granted. NOTICE 20. (2) Any notice or other information required or authorized to be given under this By-law is sufficiently given if delivered personally or sent by registered mail addressed to the person to whom delivery is required to be made at the last address for delivery appearing on the records of the Manager. where service is effected by registered mail, it shall be deemed to be made on the third day aRer the date of mailing, unless .the person on whom service is being made establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice or order until a later date. CHANGES IN INFORMATION 21. (1) Every licensee shall notify the Licensing Section in writing within four days after the event, of any change in any of the information contained in the application form. (2) Where a change has occurred in the name or business name of a licensee, the licensee shall attend within four days of the date of the change, at the office of the Licensing Section, to have the licence and licence records amended accor~y. 69 ATTACHMENT#, 2'2..,.T0 REPORT# _~- ~ 2 o ~ o/ REGULATIONS APPLICABLE TO ADULT VIDEOTAPE STORES 22. Every licensee shall: 23. 24. (a) prominently display the licence at the premises licensed alt all times and shall produce the licence upon request by the Manager, any by-law enforcement officer and any police officer; (b) keep the premises in a clean and sanitary condition; (c) maintain on the premises, during all business hours, available for inspection by the Manager, any By-law Enforcement Officer or any Police Officer, a current list of all adult videotapes provided on the premises; (d) carry on business only in the name in which the licence is issued, or such other business or trade name provided to the Licensing Section and endorsed by it upon such licence; and (e) advertise, promote and carry on such business only und~x the name in which the licence is issued, or such other business or trade name provided to the licensing section and endorsed by it upon such licence No owner,' operator or any person working i_n an adult videotape store or adult videotape area shall permit any person under the age of eighteen years to enter or remain in such store or area. (2) No owner, operator or any other person shall work in an adult videotape store or adult videotape area or in any part of any videotape store in which adult videotapes are provided, unless such person is of the age of eighteen years or older. 0) Every operator shall post and keep posted at every entrance to any adult videotape store operated by such operator, and in a pron~nent location inside such store, signs sufficient to indicate dearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen years is permitted to enter or remain in such store or any pan thereof. (2) Exterior signs and advertisements relating to adult videotape stores and to the provision of adult videotapes, shall be restricted' to the words "adult videos", "adult videotapes", or "adult -videotapes sales or rentals" and shall not include pictorial representation of specified body areas or specified sexual activities. REGULATIONS APPLICABLE TO ALL VIDEOTAPE STORES 25. (1) Every.owner and every operator of a videotape store, whether or not he or she is licensed or required to be licensed under this By-law, shall, in the carrying on of such business, comply with the regulations contained in this By-law relating to the provision of adult videotapes. (2) Every owner and operator referred to in subsection (1) shall ensure that every person working in such videotape store complies with all requirements of this By-law relating to the provision of ad[ult videotapes and the prohibition of access to all or pan of the premises to persons under the age of eighteen years, as required by thSs By-law. ATTACHMENT# 2-,,,TOREPORT# c~ zo-,~ ~0 O) 26. (1) (2) (3) (4) (s) Every person working in a videotape store shall comply with all requirements of this By-law relating to the provision of adult videotapes and the prohibition.of access to all or part of the premises to persons under the age of eighteen years, as required by this By-law. No owner or operator of a videotape store in which adult videotapes are provided, shall permit any person under the age of eighteen years to enter or remain in any part of such store where adult videotapes are provided, or within three metres of any adult videotape unless such adult videotape is located in an adult videotape area; Every owner and operator of a videotape store in which any adult videotape is provided, shall affix, in a prominent location inside such store and at every entrance to any adult videotape area, a sign or signs sufficient to indicate clearly to persons in the store, that no person under the age of eighteen years is permitted to enter or remain in any adult videotape area in accordance with this By-law. Every operator of a videotape store, including an adult videotape store, and every person working in such store, shall ensure that no person under the age of eighteen permitted to enter an adult videotape store, or any adult videotape area, in accordance with this By-law. Every operator of videotape store and every person working in such store shall ensure that no adult videotape, or container for an adult videotape shall be displayed in such a manner so as to be visible from outside the store. Every operator of a videotape store and every person working in such store shall ensure that no adult videotape, or container for an adult videotape, shall be displayed in a videotape store that is not an adult videotape store, in a location where it can be seen by persons in the store, unless such adult videotape or container is in a separate location in such store to which persons under the age of eighteen years are not permitted to enter, and such adult videotape or container is displayed in a location where it cannot be seen from outside such area. PENALTY 27. (1) (2) Every person who contravenes any provision of this By-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine, exclusive of costs, not exceeding $25,000.00. Where a corporation is convicted of an offence under this By4aw, the maximum penalty, exclusive of costs, that may be imposed on the corporation is $50,000.00, and not as provided in subsection (1). VALIDITY 28. If a court of competent jurisdiction declares any provision, or any part of a provision of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced'in accordance with its terms to the extent possible according to law. 71 ATTACHMENT#_ ~ TO REPORT #..i~L 2. o.--o ! SHORT TITLE 29. This by-law may be referred to as the Adult Videotape Licensing and Regulatory By-law. EFFECTIVE DATE 30. This By-law comes into force and effect on the day of its enactment. 31. No adult videotape store shall be licensed under this By-law except in accordance with Schedule "B", and no such licence may be granted for any adult videotape. store, except La respect of any part of premises lawfully used for the business of the provision of adult videotapes on the date of enactment of this By-law, and continued to be used for such purpose through the period up to the issuance of the licence. REPEAL OF BY-LAW 32. By-law Number 5474/99 is hereby repealed. By-law read a first, second and third time and finally passed this 7m day of May, 2001. Wayne A_rthurs, Mayor Bruce Taylor, Clerk ATTACHMENT# 2 TOREPORT# ~L 2. ,~ - SCI:i-EDUI,E "A" TO BY-LAW ~ER 5828/01. Adult Videotape Stores: First Licence Or Renewal Owner/Operator: $1,500.00 Owner who does not operate: $1,400.00 Operator other than Owner: $ 100.00 For the term of any licence period expiring December 31't of any year. ATTACHMENT# ~._~._TOREPORT# ~--L 9~o- o~ mumu PROHIBITED AREA am am PERMrYrED AREAS ) ROPERTIES CONTIGUOUS mNGSTON ROAD) N SCHEDULE 'B', TO BY-LAW 5825101 PASSED THIS ?~ DAY OF M~y 2001 MAYOR CLERK ATTACHMENT ¢,' ~-- TO REPORT 75 RESOLUTION OF COUNCIL DATE: MOVED BY: SECONDED BY: That Corzfidemial Report L 07/01 of the Solicitor for the City regardh-~g the disposal of the former Rouge Hill Library site at 1340 Rougemount Drive be received; smd That staffbe authorized to, 1. Dispose of the property on an "as is" basis; and 2. Dispose of the lands by way of Public Tender. CARRIED: MAYOR REPORT TO COUNCIL 76 CONFIDENTIAL FROM: John Reble Solicitor for the City DATE: April 28, 2001 REPORT NUMBER: L07/01 SUBJECT: Disposal of Lands - Former Rouge Hill Library site - Part Lots 1 and 2, Plan 350, being Parts 1 and 2, 40R-XXXX - 1340 Rougemount Drive, Picketing - Our File: RE0016 RECOMMENDATION: A Resolution should be passed to authorize staffto: (a) dispose of the property on an "as is" basis; and (b) dispose of the lands by way of Public Tender. ORIGIN: Council Resolution #39/01, dated March 26, 2001. AUTHORITY: 1. MunicipalAct, R.S.O. 1990, chapter M.45, sections 191, and 193. 2. By-law 5627/00. FINANCIAL IMPLICATIONS: Appraised Value of the Lands on an "as is" basis Appraised Value of the Lands without the Building (vacant) Advertising, appraisal, survey costs and legals fees/disbursements $290,000.00 $270,000.00 Proceeds of Sale EXECUTIVE SUMMARY: Council passed Resolution 39/01 directing staff to bring forward the appropriate documentation to declare the lands surplus and obtain an up-to-date survey and professional appraisal of the property. The Appraisal and Survey have both been completed and this report summ~ the Appraisal and seeks direction from Council as whether or not the City should demolish the existing building prior to, or as a condition of the sale of the property. 7 7 Date: April 28, 2001 Report to Council L 06/01 Subject: Disposal of Lands (former Rouge H/Il Library site) Page 2 BACKGROUND On March 26, 2001, Council passed Resolution 39/01 directing staff to bring forward the appropriate documentation to declare the subject property surplus and obtain an. up-to-date survey and professional appraisal of the property. The Appraisal and Survey have both been completed and the following is a summary of the Appraisal: The market value of the subject property if sold on an "as is" basis is $290,000.00. The market value of the property if the building were to be demolished and the lands sold "vacant" is $270,000.00. It should be noted that while the appraisal determines the value of the property to be $270,000.00 if sold "vacant", the City would have to absorb the cost of demolishing the building first, which would reduce the City's overall revenue by the cost of the demolition. (While the appraisal indicates that the cost to demolish the building would be in excess of $100,000.00 and possibly as much as $130,000.00, the City has obtained an estimate for $77,000.00). Based on the financial conclusions set out in the Appraisal, it-is therefore being recommended that the property be sold on an "as is" basis. The DirectOr, Operations & Emergency Services supports the recommendations set out in this report. The Director, Planning & Development has indicated that, although it remains his preference from a planning and urban design standpoint that the building be demolished, it is clear from the appraisal that the best financial remm for the City would be to sell the property on an "as is" basis and as such, the Director supports the recommendation set out in this report. The Director further indicates that although the City must be prepared to accept a use that retains the building in its present form and general appearance if sold on an "as is" basis, the poor condition of the building, coupled with the updated zoning on the property (By-Law 5299/8g), may very well attract development interests which would include the demolition of the building. Staff is also recommending that this property be sold by Public Tender in accordance with the City's Sale of Surplus Land Policy. As such, the appropriate adVertising must be. placed in the local newspaper setting out, among other things, the date in which Council wi]il be considering a by-law to declare the lands surplus. Staff is prepared to bring such a by-law forward to Executive Committee on May 14' and to Council for enactment on May 22, 2001. ATTACHMENTS: 1. Appraisal Document. Prepared By: Denise Bye DB:Ijm Attachment Copy: Chief Administrative Officer Director, Planning &.Development Director, Operations & Emergency Services Recommended for the Consideration of Pickering City Council 78 SHORT NARRATIVE APPRAISAL REPORT Rouge Hill Library, 1340 Rougemount Drive, Picketing. Ontario. File No, 2001-052 Prepared by: Gary T. Kylie, AA'C1. 9. April 25, 2001 P.O. BOX 26 PICKERING, ONTARIO LIV 2R2 TEL. 683-6273 FAX # 683-7581 The City of Picketing, 1 The Esplanade, Picketing, Ontario. ATTN: M~;, Denise Bye Dear Ms. Bye: Appraisal of Rouge. Hill Library, 1340 Rougemount Drive, Picketing. Ontario. File No, '2001-052 . Further to your recent instructions, I have completed a personal inspection of the above noted property in order to prepare value estimates. Purpose of the Appmisa! The purpose of the appraisal herein is to estimate the Market Value of the subject property. The value estimate is required as the basis for negotiating asale of the subject property. In keeping with our instructions herein, then, the property has been appraised on a "AS IS" basis and the Market Value has also been estimated as if the property were vacant and unused. The scope of my investigations is considered sufficient for th. is pm-pose and function. Effective Date of Appraisal The appraisal hereinis made as of the date of inspection or April 18, 2001. 80 -2, ~efiniti0n of Market Value FOr the purpose of this value estimate, Market Value is defined as: "The' most probable price which a property should bring in a competitive and.open market under all conditions requisite to a fair sale,' the buyer and seller each acting prudently and knowledgably, and assuming the price is not affected by undue stimulus. Implicit In this definition is the consummation cfa sale as ofthe specified'date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically, motivated; 2. both parties are-well informed 0r well advis~l, and acting in what they consider their best interest; 3. a reasonable time'is allowed for exposure in the open market; 4. paymi~nt is. made in terms of cash in Canadian Dollars or in terms of financial arrangements comparible thereto; 5. the Price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Exposur~ Time Paragraph 3 above speaks of a "reasonable time" for "exposure in the open market". According to USPAP, exposure time may be defined, as follows:' i'The estimated length of time the property interest being appraised would have offered on the open market prior to the hypothetical i:onsummation of a sale at Market Value on the effective date of the appraisal." Thus, exposure time is assumed to precede the effective date of appraisal. There is no single measurement of exposure time which can be applied in all circumstances, In considering various types of real estate and various market conditions, it is obvious that exposure.time may vary widely for each circumstance. The measurement of exposure time 'in the subject instance is. included in the of value section of this repOrt. 8.1. -3- Property Riglits Appraised The property rights appraised herein are those of the Fee Simple Interest. The Fee Simple Estate is the greatest inte3est in.property an individual.may possess and it 'comes closest to the idea of absolute ownership of land. It is subject to certain statutory controls} ineludLng those of EXpropriation and Taxation and it is further subject to police powers, including the right of a municipality to enact'restrictive land use controls, such as Official Plans and Zoning By-Laws. Legal Description The subject property' may be briefly described as comprising Part of Lots 1, 2 and 8 on Registered Plan 350, in the City of Pickering, Regional Municipality of Durharn. 82 Sco~ of the Appraisal The scope of the appraisal encompasses the necessary research' and analyses to prepare a report in accordance with the intended use and the Canadian Uniform Standardg of Professional Appraisal Practice. In regard to the.subject property; this involved the following steps: The property was inspected on April 18,2001. Regional,.city and neighbourhood data were based on information garnered from publications by the City of Picketing and the Regional Municipality of Durham. t A copy of a legal survey of the property was prgvided by our clients herein and was relied upon as accurate. Land Use Regulations considered included the Official Plan for the Regional Municipality of Durham and the Official Plan and Zoning By-Law for the City of Piekering. In estimating the Highest and Best Use of the property} an analysis was made of data compiled in the steps noted above. In developing approaches to value, the market data used were collected from office files, other appraisers, realtors knowledgable of the subjeetproperty marketplace and through a search of MLS records, TEELA records and Land Registry Office records. After assembling and analyzing the data defined in this scope of the appraisal, a final estimate of Market Value was made. 83 · -5- The valUatiOn is made subject to the following conditions: 'N0right to expert testimony is included herein, bUt. we ar,: prepared to attend at, or to give evidence before, any Governmental Heating or Inquiry with reference to the within-described property, provided satisfactory financial arrangements are made therefor. InformatiOn 6ontained in this report which has.been furnished by others has been verified where possible and is'believed to be reliable, but no responsibility is assumed for its accuracy. Possession of this report, or a copy thereof, does not Carry with it the right of publication, nor may it be used for any purpose by any person, other than the Addressee, without prior consent of Central Ontario Appraisals and in anY event, only with proper qualifications and in its entirety. Notwithstanding the foregoing, Should this report be entered in evidence in a Court of Law or Arbitration Hearing, any or all of the · ~ n report may bo used in that Court or Arbxtratio Hearing~ in order to assist in the proper administrati°n of justice. o · The.legal description used in this report is assumed to be correct, but no responsibility is assumed on matters legal-in nature which may affect the property. A legal survey of the subject property was provided by our clients herein was relied upon'as accurate. Such details as are contained in this, report were taken from said survey which was'assumed to be accurate and reliable. o No investigations haye been undertaken with the local building inspector; fire department,'health department or any other govemmemal regulatory agency, Unless SUch investigations are expressly represented to have been made in this report, It is~assumed that the SUbject property complies'with such governmental regulations, and failing.which, its non-compliance may aff~t Market Value. .. 8,1 Underlying Assumptions In making this valuation, we assume that:. 1. Title to the property is good and marketable and is held in responsible ownership and under competent management. 2. There are no encumbrances or other defects on title which may affect the property. 3. There are'no Sub-surface-conditions which Would adverselY affect the property, unless otherwise noted herein. We have not caused soil tests to be made, and unless' otherwise noted, are not awa~e of any sub-soil conditions which might cause unreasonable development costs on this property. We are also not aware of any sub-surface environmental problems which might affect the property, unless specifically noted herein.' 4. Mechanical equipment and services to the improvements are in reasonable working condition, such equipment including, without limiting the generality of: - heating and air-conditioning systems; - water supply, plumbing lines and fixtureS; - electrical services, outlets and fixtures; - waste disposal systems. 86 -8- The subject property is located in the City ofPickering, a municipality of approximately 80,000 residents located on the north shore of Lake Ontario, mediately east of Metropolitan Toronto and some 20 miles from the downtown Toronto core. Picketing borders the towns of Ajax and Whitby to the-east, the Township of Uxbfidge to the north, andthe Town of Markham and City of Toronto to the west. The majority of the land area in Piekering is primarily rural in character, with this extensive mml area iffcluding a number of original'..hamlets. These include Claremont, Balsam, Altona, Whitevale and Cherrywood. Much of the land, particularly in the north-west part of the City is held by public authorities. This includes a site assembled.for the once-proposed Picketing Airport, extensive lands acquired by the Provincial Government for the North Picketing or Seaton Community development, the Greenwood and Claremont Conservation Parks and some 3,000 acres acquired by Metropolitan Toronto for sanitary land fillpurposes. The urban area, generally lying south of the 3rd Concession Road (Steeles Avenue- Rossland Road), is centred around the' shoreline of Frenchman's Bay and Lake Ontario. It includes the Original urban areas of Bay Ridges and West Shore, and over the last fifteen years .particularly, there has been additional urban development in this lakeshore corridor. In addition, the original hamlet areas of Rosebank and Dunbarton have been incorporated into the expanding urban area to the north of Highway 401. The South Pickering area was one of the fastest-growing communities Metropolitan Toronto region, during the 1980's "boom" market with development takingplaee, in many locations at this time. Since 1990 development has been at. a slower rate, however, the available inventory of serviced lands is quickly becoming built-up and it is anticipated that the Seaton Development may soon have to come on stream. 87 Location and Area Desefip.tion (c°nt'd) -9- All amenities required by local residents are available in the urban area of Pickering. These include thePicketing TOwn Centre, one of the largest enclosed mall shopping areas between Toronto and Montreal, the new library and City H;all in this location and the Recreation Centre, to the east thereof.. Additional commercial 'outlets are available in ma-ny strip .commercial locations, particularly on Highway 2, andin various neighbourhood plazas, some of which have been developed to complement new residential subdivisions. Churches of many denominations are available in the urban area, and there are public and separate schOols at both elementary and secondary levels. There are numerous local recreational facilities, including small commtmity centres and parks, scattered throughout the developing urban area. Picketing continues to develop at this time, in part, duc to relatively lower land and development costs compared with other communities in the greater Metropolitan Toronto region but primarily.as a result of the convenient access to the downtown Toronto core. Highway access is facilitated by Highways 2 and 401, and there are a number of interchanges with Highway 401 within the City. In addition, the GO transit system provides a station with extensive vehicular parking areas in Picketing, at Highway 401. and Liverpool ROad.. It is therefore convenient for the older residential ncighbourhoods of Bay Ridges mid West Shore, while Pickering Transit provides-bus connections to the train station from all of the developing residential areas north of the Highway. Thus, commuters have rapid and cc~nvenient access to the downtown Toronto core, and many area residents are employed in Toronto. Picketing is, essentially, a dormitory community for the Toronto core. It does, however, have a developing industrial-commercial base, and there are widespread industrial areas particularly south of Highwhy.401 in the Liverpool Road/Brock Road. area of the City. 88 The Brock Indugtrial park includes Ontario Hydro's Pickering Nuclear Power Plant, and this prime industrial area continues to develop. The recent completion of the Highw/~y 401 widening to Brock Road should increase'the desirability of these industrial lands. We anticipate continued development in Picketing in the years ahead. This will, largely, take place in the existing or designated urban areas and in addition there will be limited new development in the extensive rural areas. A number of estate residential communities are being developed, or proposed, at this time, and we anticipate continued development of that nature in the years ahead. It now appears that the proposed Seaton Community will go ahead in the future, however the once- proposed Picketing Airport's future' remains uncertain. Both Federal and Provincial Authorities have disposed of some lands deemed surplus to their ultimate requirements in these areas. Some of those lands will, inevitably, be developed in a variety of uses tyPically found in' rural locations. The Subject Neighbourhood. The subject property is located on the west side of Rougemount Drive, immediately north of Highway· 401 and south of Highway 2 (Kingston Road) i[n the south- westerly part ofthe City of Pickering urban area., Highway 2 is a major east-west route which ams.parallel to Highway 401 and it carries a heavy volume of local and through traffic. Rougemount Drive is a major arterial road Which runs both north and south of Highway 2 serving residential areas both north and south of Highway 40 I. There are traffic lights at the comer of the intersection of Rougemount Drive and Kingston Road. There isa commercial node at the comer of Kingston Road and Rougemount Drive with a small plaza located on the south-east comer, and a larger plaza on the north- east comer and with the north-west comer featuring two original, dwellings Which have been converted for office purposes and the south-west comer being used by a Montessori School. The building housing the Montessori School was originally a small supermarket. Lands alOng both sides of Kingston Road to both east and west of Rougemount are.largely commercial or quasi-commergial in nature but for a highrise apartment building on the north side of Kingston Road just to the east. Uses along Rougemount Drive both north and south of the Kingston Road intersection are primarily residential in nature. · The subject property Was originally developed as a library property and now comprises the only property fronting to Rougemount Drive between Highway 2 and Highway 401. The subject property, then; may be said to be located in a commercial node area where the primary uses are for commercial and quasi-commercial purposes. 9O I 91 The .Subject Site The subject site is located on thc west side.of Rougemount Drive south of Highway 2. It has some 136.81' frontage on Rougemount Drive and adjoins Highway 401 along its' south limit. The site contains a gross area 0f0.68 acres, however, .17 acres are designated a Controlled Access Highway. That designation obviously limits the utility and thus the value of that sector of the property. The property is improved with a single storey building being of frame construction to the front and concrete block c°nstmcfion to the rear. The front sector is an A- Frame building with about a 4' side wall and the roof is of asphalt slfingle, while the side wall is stuccoed. The rear sector, as noted, is of concrete block situated on a concrete block foundation and has a built-up tar and gravel roof. The property is accessible via a paved drivewaY to the south' of the building and *.here is some extensive paved parking area to. the south of the building. TO the west north and east of the building are landscaped with some extensive lawn areas and some foundation planting as well as some large shade trees, particularly to. the .rear and along the front of the building. Municipal Services Full municipal services are available to the subject property including municipal water and sanitary sewers. Hydro, telephone and natural gas utilities are also readil, available to the property.' Storm drainage is by open ditch. ¸92 The subject property includes an original A-Frame structure with a single storey entrance area to the front and a single storey concrete block addition to the-rear. The entry area includes access tO the main building and a stairwell to the basement area of the main building. The addition includes another main entry with stairwells to the basement areas .and. access to the main sector of the addition. The single storey rear addition largely comprises offices and washroom facilities together with a small kitchenette. Finish includes broadloom and/or tiled floors painted gyproc -walls and suspended ceilings. In addition, there is some wall paneling in this area. . The basement of the main dwelling consists of a large hall with broadloom floor covering and prefinished gyproc walls and ceilings. It is noted that there is a stage at the front sector 'of this hall. The main floor consists of one. large room with a A-type ceiling and broadloom floors. There is extensive fenestration along the lower sector of the walls and there is some extensive skylighfing at the roof peak. The building is heated with tWo forced air gas-fired furnaces and there is a partial basement for storage purposes Under ,the rear addition. The building overall is considered to be in fair condition showing some significant signs of deferred maintenance and fairly obviously would require some restoration and renovation prior to.being readily usable. It is noted that the building is air-conditioned with heat pumps, The front entry shows signs of roof leak and flooding 'and there is extensive mildew in this area. 03 Land Use Controls -14- The Official PIan for the Regional.MunieipalityofDurham is a general document which outlines land use on a "broadbrush~' basis. Under that plan.the subject property is said to'be located a Special Policy Area. That area is said to contain a mixture of residential, retail, personal service and industrial uses. The policy of the plan is to maximize the highway exposure as a main street and gateway to the Region. Development is to be intensified in a manner that would not adversely ' affect similar developments within the,Main Central 'Area 0f'the City of Pickering. The improvement of the visual impact on Highway 401 and Highway 2 are to be major consideration in the development of this Special Area. .Under the Official Plan for the City of Piekering the subj.ect property is designated as being'within a Mixed Use Corridor. Such areas are to haw: the highest concentration of activity in the City and the broadest diversit-y of community services and facilities. Mixed Use Areas are to permit a wide variety of uses for residents, business people and visitors including residential, retail, commercial, business, office, service, recreational, community and cultural[ uses. While the broadest diversity of use, the greatest level of activity and the highest quality of demand are to be directed to the Downtown Core and the MiXed Corridor along Kingst°n Road, the City's main street and the location of the subject property. Under the Rougem6unt Secondary Plan the sUbjeCt.property is designated L-Library. This designation was developed on the basis of the long term use of the subject property and did not reflect any future potential, Under the Zoning ByaLaw for the City ofPickering, as'amended,'the subject property is zoned MU-9-MixedUse Area. Permitted uses in an MU-9 Zone include ~ office, commercial pub, commercial school, commercial recreatiOnal e:stablishment, day nursery, dry-cleaning depot, financial institution, personal Servi( shop, place ofasSemb!y, private club, Private school, professional office, public club, retail store, restaurant - Type A, or multiple dwelling. The subject property wo~d be reasonably conducive to many ,of the permitted uses. 94 -15- HigheS[ and Bes~ Us~ The concept of Higbest and Best Use is fundamental to value and no estimate of value can be made without a prior determination of Highest and Best Use. It is defined as:- "That use of property which will most likely produce the greatest net return to the land over a' given period of time." In other words, Highest and Best Use is that use which will most likely produce the highest return.on invested capital, and returns may be in the form of monetary returns as one would find in an income-producing, or investment property, in use or utility, as' one would find in an owner-occupied residence., or in social benefits as one would find in an institutional or public purpose property. Criteria for determining the Highest and Best Use will include: 1) The use must be legal; that is, either in conformity with the Official Plan and' zoning requirements, or established as a legal non-conforming use. Alternatively, .any proposed Highest and Best Use should be reasonably anticipated consequent upon an application tO amend the appropriate Official Plan and Zoning Bylaws. 2) The use must be within the realm of reasonable probability, not,merely conjecture or dependent upon an uncertain act or whim of another Person. The property must be adapted, or capable of being adapted, to the proposed Highest and Best Use. 3) Full c~nsideration must. be given to the existing or reasonably anticipated demand for the proposed Highest and Best Use~ It is the forces of supply an~ demand in the real estate market which determine activity and direction of activity' within communities, prices and values, and the character of development. The estimate of the Highest and Best Use of the property is traditionally directed to the land, which for the purposes oftbe estimate is assumed to be vacant and available for such use. Where-the landis improved with a substantial structure, however, the result is an integrated unit which is not necessarily the Highest and Best Use. Highest and Best Use (cont'd) In such-cases, it is almost axiomatic ~t the integrated unit must be continued in the use for which it was designed or to which it can be readilY converted, until such time as it becomes economically sound and feasible to replace the, existing improvements by those which form the Highest and Best Use. In the subject instance the land is improved, with a single storey structure Containing some 4,128 s.f. and located 'in the northerly part of the site. 3~e remainder of the site: is l'ocated relatively close to Highway 401 and a strip along Highway 401 is designated as a Controlled Access Highway and thus could not be.developed for building purposes .but can be used only for parking purposes. For the purposes of this report, and in accordance with our instructions, the subject .prOperty has been apPraised, as if the Highest.and Best Use as at the effective date appraisal herein were a continuation of an allowable use in the' existing building or structure and has also been Considered as if/he Highest and Best Use were for development for a permitted commercial ({r quasi-commercial use as if the land .vacant. '9o -17- Valu0 Estimate 'There are three accepted methods of estimating value, any one or all of which may be used as a basis for obtaining an indication of the property's value. The Cost Approach embodies the principle of substiitution, and implies that a prudent individual would pay no more for a property than he would pay to produce an identical property, assuming no unreasonable delay in providing alternative premises. The Approach requires an estimation of the land value as if vacant, with the addition of the depreciated reproduction cost of all improvements. ' The Direct Comparison ApprOach again embodies the principle of substitution and suggests that a prudent'individual would pay no more for a property than he would pay to acquire an equally desirable altemafive property. This Approach considers recent sales of generally comparable properties, and with adjustments' being made' for areas of dissimilarity, an indication of the subject's value is found. This Approach is easily understood as it reflects the actions of typical vendors and purchasers in the marketplace. When considering the value of an investment property, most reliance is frequently placed on the Income Approach to Value. This Approach requires an estimate of th~ property's potential income, deduction of neCessary operating expenses and capitalization of the resulting net operating income into an indication of value. Market Value is therefOre based on the anticipated net earnings of thc property. Considering theage and condition of the building on the subject property the Cost Approach was .not. considered to 'be relevant. Furthermore, the property vacant and there is no' indication of income at this time. Thus, the Income Approach was also considered to be irrelevant and the value estimate herein has been completed through the use of the Direct Comparison Approach only. 97 Direct Comparison Approac,h (AS ~S~ -18- In estimating the value ora property by th~ Direct Comparison Approach, one compares that property to other properties have similar utilityand which have recently been sold.. The subject property, was originally constructed as a church and was then converted to a library. Certainly, it has significant potential for use as a church, oftiee or daycare centre. As such, We have considered sales of properties with Similar potential and the following sales data were considered useful: 75 Kirkdene'Drive, Toronto -sale of a 2/3 acre site near Island Road and East Avenue in the former City of Searborough. The property was improved with a purpose built church ibuilding containing some 4,400 s.f. This property sold in April, 1998 for $370,000, which reflected a rate. of $84.09 p.s.f, of building, including lan& The building was somewhat superiorin condition to that of the subject. ' 44 Centre Street, Toronto - sale of a 211.27' x 208.9' site located in the Markham Road/Eglinton Avenue area oft,he former City of Scarborough. 'The sit~ was improved with a purpose built.ehumh building containing some 11,0~)0 s.f. This property was sold under Power of Sale circumstances with the closing takdng place in December, 1998. The purchase price was $940,000. which reflec, ted a rate of $85.45 p.s.f, of bUilding, including land. Again, the building was in'somewhat superior Condition.to that of the subject. 162 i Albion Road, Toronto (formerly Etobicoke) - sale' of a 2.29 acre parcel of land at the corner of Martingrove Road and Albion Road. The~ property was imProved with a.purpose built church, building dating from the 1960's. The building contained some 20,000 and the prOPerty sold for $1,700,000. in April, 1999. The purchase pnee thus refleeted'a rate of $85. p.s.f, of building including land. -19- Sale 1527 Bayly street, Picketing - sale of a parcel of land at Bayly Road and containing about 1 acre. 'Property was improved with an original restaUrant building containing some 5,458 s.f. The property was purchased in March 2000 by a church group with the intent of converting the building to The purchase price was $745,000. which reflected a rate of $136.25 p.s.f, of - '- building, including land. That building was much superior to the subj and the site size was considerably larger. Sale #5 1999 Altona Road, Pickering'- sale ora 309' x 211' site at the comer of Finch Avenue and Altona Road. Property was improved with an which had been used for many years as a tavern. The building contained s.f. and was purchased by a group planning the conversion of the building to a daycare centre.. The.property was purchased in May, 1999 for $325,000. which'~ reflected a rate of $35.33 p.s.f, of building, including land. It is noted that ~ building was inferior to the building on the subject property and that the location was considered to be' significantly'inferior. .Sale ~ 200 Dundas Street East, Whitby - sale of the original post office building in downtown Whitby. The building contained some 5,706 s.f. of office space which i. roquired some signifieant'upgrading. Property sold in March 2000 for $490,000. Which reflected a rate of $85.80 p.s.f, of building, including land. in slightly superior condition to the SUbject-an didnot have which contributes to additional maintenance costs. On the basis of the foregoing sales data and our analysis of same, it is that the subject proPerty would command something less than indicated by all of sales with the exception of Sale #5. On the other hand it would in our op. ~ion command significantly more than indicated by that sale. Accordingly, it is our opinion that the Market Value of the subject property, considered On an "AS IS" basis, as at the effective date of appraisal best reflected by a rate of $70. p.s.f, of building, including land or for 4,128 s.f, - · $288,960, which we would round to $290,000. -20- Direct Comparison Approach (AS IF VACANT) In cOnsidering the Market V~ilue Of the subject property.as if vacant, the property has. been compared to various sales of vacant land having similar potential.. The following sales data were conSidered pertinent:. N/S Highway 2, east of Harwood Avenue; Ajax - sale cfa 0.37 acre si[te located Highway 2 to the front on an existing plaza. This property sold in April, 1997 for $250,000. which reflected a rate of $675,675. per acre. That indicated rate would require some upward adjustment to reflect the passage oft/me, together with some major downward, adjustment to reflect its much superior location. 409 Kingston Road, Picketing - Sale cfa 0.72 acre parcel of land located on the south side 0fKingston Road. This property sold in October, 1997 for .$400,000. which reflected a rate of $555,556. per acre. Again, upward adjustment Would be required for the passage of tim~, together with downward adjustment to reflect the superior location. 555 Kingston Road, Picketing - sale cfa 2.5 acre parcel of land situated on the side of Kingston Road, backing to Highway 401, just to the east of Pickering Toyota.. This property was designated for commercial development and has since been developed with.the Pickering Honda Car Dealership.~ Property solid in May, 1998 for $1,475,000. which reflected a rate. of $590,000. per acre. 640 - 646 Kingston Road, Picketing 2 sale of an. irregularly shaped parcel of land situated on the north side of Kingston Road, east of Steeplehill Road. This 5.45 acre commercially Zonedpamel sold in Marc, h, 1999 for $2,043,750., which'reflected a rate of $375,000~ per acre. The indicated rate'wouldrequire some upward adjustment to reflect the passage, oft/me and the much larger site size. -21- Sale #VS, 1529 Bayly Street, Picketing - sale'ofa 78' x 150' site on the south side of Bay!y street and containing about'I3,820 s.f. (0.32 acres), Property was purchased for the potential expansion of the building on the adjoining'property. Property was purchased in January 2001 for $130,000. which reflected a rate of $406,250. per · acre. Considering the foregoing sales data it is our opinion that the subject property, considered as' if vacant would have a Market Value, as at the effective date of appraisal herein which could best be reflected by a rate of.$400,000, per acre or for 0.68 acres -'$272,000. which we would roUnd to $270,000. Su_mma~ In summary, then, we have found the Market'Value of the subject property on IS" basis to be $290,000. and the'Market Value of the subject property, as if vacant to be $270,000. Fairly obviously, then, the subject building to the value of the site. Furthermore, if one were to demolish the subj~ Would likely cost in excess of $100,000. and possibly as mugh as $130,000. cost, however, would have to be deducted from the sale price of the site as in order to properly compare the two values. Accordingly, it is our opinion that the Market Value of the subject property, und~ its Highest and Best Use, as at' the effective date of valuation herein is $290,000. TW° tlUNDREI~ NINETY TItOUSAND DOLLARS 101 Certification -22- I certify I have made a personal inspection.of the subject prOperty herein, being W/S Rougemount Drive, Picketing, Ontario (Part Lots 1,2 and 8, RegiStered Plan 350) -and that all factors affecting its value have 'been considered. The property was inspected on April 18, 2001. I have no present or prospective interest in the property that is the subject of this report, and I have no -personal interest or bias wi~ respect to the parties involved. My comPensation is not contingent upon the reporting of a pre-determined value or direction in value that favours the cause of the client, the amount °fthe value' estimate, the attairanent of a stipulated result, or the occurrenc~ of a subsequent event. The reported analys~s, opinions and conclusions are limited only to the reported assumptiOns and limiting conditions and are my personal, unbiased, professional analyses, opinions and conclusions. This Appraisal Report.has been made in conformity with and is subject to the requirements of the Uniform Standard of Appraisal Practice and the Code of Ethics and Standards of Professional Practice'of the Appraisal Institute of Canada. The Appraisal'Institute of Canada has the right to review-this report to eusure compliance. All conclusions and opinions concerning the real estate that are set forlSt in this report were prepared by the appraiser whose signature appears on the Appmisai Report. No change of any item in the Appraisal Report shall be made by anyone other than'the appraiser and the appraiser shall have no responsibility t3r unauthorized change. · No. 6ne provided significant assistance to the.person signing this report and the person signing this report affinus that statements of fact contained herein are'true and correct. -23- Ce~fication (eonfd) The Appraisal Institute of Canada has a mandatory reeertifieafion program for designated members. As.of the date of this report, I have fulfilled the requirements of this program. In my opinion, the Market Value of the 'Subject Property, on an "AS IS" basis, as at April 18, 2001 would be. $290,000. In my opinion, the Market Value of the Subject Property, considered as if vacant, as at April 18, 2001 would be $270,000.