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HomeMy WebLinkAboutNovember 1, 2004 Council Meeting Agenda Monday, November 1, 2004 (11) 1. (IV) 1. (I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. ADOPTION OF MINUTES Regular Meeting of October 4, 2004 DELEGATIONS Mary McCreadie, Fund Raising Director, AJax/Picketing Block Parent, will address Council thanking them for the proclamation and flag flying. John Wiersma, Chair, Corporate Sub-Committee of the Vital Links Campaign and Debbie McGarry, President and CEO, Rouge Valley Health System Foundation, will address Council with respect to the Vital Links Campaign. Pamela Fuselli, Chair, Heritage Pickering, will present the Inventory List highlighting properties in the north which need to be preserved. Tom Furr, representing the Parents Council for 856 Air Cadets, will address Council with respect to access to facilities. Margaret Martin, 826 Sanok Drive, will address Council concerning the passing of the By-law respecting to two-unit houses. RESOLUTIONS To adopt the Executive Committee Report dated October 25, 1-3 2004 Proclamations: 4-7 "Hospital Month"- December, 2004 To consider Operations & Emergency Services Report OES 33- 8-24 04 concerning Asphalt & Concrete Sidewalk Installations. PAGE Council Meeting Agenda Monday, November 1, 2004 (V) BY-LAWS By-law Number 6393/04 Being a by-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 19, B.F.C. Range 3, City of Pickering. (A 08/04) By-law Number 6394/04 Being a by-law to adopt Amendment 12 to the Official Plan for the City of Pickering. (OPA 02-003/P) By-law Number 6395/04 Being a by-law to amend Zoning By-law 2511, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) By-law Number 6396/04 Being a by-law to amend Zoning By-law 2520, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) By-law Number 6397/04 Being a by-law to amend Zoning By-law 3036, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) By-law Number 6398/04 Being a by-law to amend Zoning By-law 3037, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) By-law Number 6399/04 Being a by-law to provide for the registration of two-unit houses in the City of Pickering. 25-29 3O 31 32 33 34 35-37 -2- Council Meeting Agenda Monday, November 1, 2004 (VI) CONFIDENTIAL MATTER 1. To review a legal matter. To be circulated under separate cover (VII) OTHER BUSINESS (VIII) CONFIRMATION BY-LAW (IX) ADJOURNMENT -3- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Repo~ of the Executive CommiEee EC 2004-16 dasd October 25, 2004, be adop~d. i' ,h 2 Appendix I Executive Committee Report EC 2004-16 That the Executive Committee of the City of Pickering having met on October 25, 2004, presents its sixteenth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 35-04 CITY INITIATED APPLICATIONS TO AMEND THE PICKERING OFFICIAL PLAN OPA 02-003/P AND ZONING BY-LAW AMENDMENT APPLICATION A 19/02 TO PERMIT ACCESSORY DWELLING UNITS IN EXISTING DWELLING UNITS PROPOSED REGISTRATION BY-LAW FOR ACCESSORY DWELLING UNITS 1. (a) (b) 2. (a) b) 3. (a) (b) That Official Plan Amendment Application OPA 02-003/P, initiated by the City of Pickering, to amend Section 3.4(a) to change the definition of net residential density so that accessory dwelling units are not considered a dwelling unit for the purpose of density calculations be APPROVED, as set out in Appendix I to Report PD 35-04; and That the draft by-law to adopt Amendment 12 to the Pickering Official Plan to change the definition of net residential density as set out in Appendix I to Report PD 35-04 be FORWARDED to Council for enactment; and That Zoning By-law Amendment Application A 19/02, initiated by the City of Pickering, to permit an accessory dwelling unit in detached dwellings and semi-detached dwellings, be APPROVED, as set out in Appendix II to Report PD 35-04; and That the draft by-laws to amend Zoning By-laws 2511, 2520, 3036, and 3037, as amended, to permit an accessory dwelling unit in detached dwellings and semi-detached dwellings including a parking and unit size standard, as specified in Appendix II to Report PD 35-04 be FORWARDED to Council for enactment; and That the proposed Registration By-law requiring that an accessory dwelling unit in a detached dwelling or semi-detached dwelling be formally registered with the City of Pickering, be APPROVED, as set out in Appendix III to Report PD 35-04; and That the draft Registration By-law requiring the registration of an accessory dwelling unit as set out in Appendix III to Report PD 35-04 be FORWARDED to Council for enactment. PICKER1NG Appendix I Executive Committee Report EC 2004-16 PLANNING & DEVELOPMENT REPORT PD 39-04 ZONING BY-LAW AMENDMENT APPLICATION A 8/04 Y & M BESSADA KIA CANADA INC. 1675 BAYLY STREET (NORTH PART OF LOT 19, B.F.C. RANGE 3) That Zoning By-law Amendment Application A 8/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 39-04, to amend the existing zoning on the subject lands to permit vehicle sales and service, on lands being North Part of Lot 19, B.F.C. Range 3, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/04, as set out in Appendix I to Report Number PD 39-04 be FORWARDED to City Council for enactment. CONFIDENTIAL CHIEF ADMINISTRATIVE OFFICER'S REPORT CAO 003-04 RETAINING WALL That Council receive the confidential report of the (Acting) CAO 003-04 regarding a retaining wall; and That the recommendations set out in Confidential Report CAO 003-04 be adopted. 4. CONFIDENTIAL MEMORANDUM OF THE SOLICITOR FOR THE CITY That the Confidential Memorandum of the Solicitor for the City dated October 18, 2004 regarding a legal matter before the Court be received; and That the offer to settle an outstanding prosecution, as set out in the said Confidential Memorandum, be accepted. RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Hospital Month"- December, 2004 Vital Links Campaign September 28, 2004 Mayor David Ryan City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 .,'-AL ;CORE PROJ.&POL i CUS'K CARE Dear Mayor Ryan, Thank you for all the wonderful support that you personally as well as the City of Pickering have provided to the Rouge Valley Ajax and Pickering Hospital over the years. As we discussed at our meeting, I am chairing the Corporate element of the Community Phase of the Vital Links Campaign where we are seeking to enlist the support of all of our local businesses to help raise the final dollars needed to reach our $13.7M goal. The leadership of the City of Pickering in endorsing this campaign, I believe, will greatly encourage businesses to participate. This will enable the Rouge Valley Ajax and Pickering Hospital to expand their facilities and services to meet the growing healthcare needs of our community. Specifically I would like to ask the City of Pickering to: ~( · proclaim the month of December as Hospital Month.~.__ · participate in the campaign by seeking to raise $20 per employee · match employee contributions ~ As discussed, a delegation representing the campaign would be pleased to appear before council at the November 1st meeting to formally make this request. With the City's leadership and the participation of the bumnesses in our community, we will most certainly attain our goal and be celebrating the expansion of our hospital. Sincerely, . /,,"John Wiersma Chair, Corporate Sub-Committee Vital Links Campaign Encl. Rouge Valley Health System Foundation Rouge Valley Aiax and Pk.:kulillg 5~:~1.) Harwood Avenue South Aiax, Ontario L1S 214 (!)O5) 685 2320, ux1.1~OI It'S' ill Ollr llatlire tO care. Dates Detailed Designs Completed Oct - Dec 2004 Possible Early Construction Start May 2005 Construction Start (Main Building) Apr 2006 Target Occupancy Date of New Construction Oct 2007 Renovations Completed July 2008 Complex Continuing Care Equipment & Technology Diagnostic Services Emergency Services Ambulatory Care Services In-Patient Mental Health Project cost: $46.7 million View From North West On the shore of Lake Ontario, the City of Pickering was established in 1955 and currently is called home by over 92,000 residents. Valley By providing enhanced healthcare services close to home, the Rouge Valley Health System helps many of these residents enjoy active healthy lives at work and with their families. The City of Picketing can Se a ~/itai LJni~ to ?.he :~ouge Valley Heatth Support the redevelopment of the new Emergency and Diagnostic Imaging Departments at Rouge Valley Ajax and Pickering Hospital Reduce our patients waiting time in the ER and increase the number of much needed Mammography, MRI and CT scans Fundraising Goal: $20 per City Employee "Its like forgoing 1 cup of coffee each working day in December" To raise $20 per employee the City of Pickering could: · Organize raffles: Mayor for a Day or A Day Off · Replace staff gift exchanges at your holiday party with a donation to your hospital · Challenge a city councillor to shave their head · Send email blasts to employees with a link for online donations The City of Pickering and its employees can make a difference to healthcare this holiday season rougevalley.ca RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 33-04 regarding the Asphalt & Concrete Sidewalk Installations, be received; and That Tender No. T-4-2004 submitted by Royalcrest Paving & Contracting Ltd. for asphalt & concrete sidewalk installations at Annland Street, Eastbank Road, Kingston Road, Strouds Lane and Valley Farm Road and an asphalt swale on Eighth Concession Road in the amount o $196,966.14 (plus G.S.T.) and a net cost after G.S.T. rebate of $184,080.50, be accepted; and That total project cost of $245,919.00 including the tender amount, and other associated costs and a net total cost after rebates of $229,831.00, be approved; and The total costs of $229,831.00, to be funded from Current Funds in the amount of $32,831.00 and to be financed by external debt in the amount of $197,000.00, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceeding the amount of $197,000.00 for a period not exceeding 10 years, at a rate to be determined; and b) That financing and repayment charges in the amount of approximately $16,135.00 be included in the annual Current Budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2004 as established by the Province for municipalities in Ontario; and d) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. PICKERING REPORT TO COUNCIL Report Number: OES 33-04 Date: October 21,2004 From: Richard Holborn, P.Eng. Division Head Municipal Property & Engineering Subject: Tender No. T-4-2004 - Tender for Asphalt & Concrete Sidewalk Installations Recommendation: That Report OES 33-04 regarding the Asphalt & Concrete Sidewalk Installations be received and that; Tender No. T - 4 - 2004 submitted by Royalcrest Paving & Contracting Ltd. for asphalt & concrete sidewalk installations at Annland Street, Eastbank Road, Kingston Road, Strouds Lane and Valley Farm Road and an asphalt swale on Eighth Concession Road in the amount of $196,966.14 (plus G.S.T.) and a net cost after G.S.T. rebate of $184,080.50 be accepted; The total project cost of $245,919 including the tender amount, and other associated costs and a net total cost after rebates of $229,831 be approved; The total costs of $229,831, to be funded from Current Funds in the amount of $32,831 and to be financed by external debt in the amount of $197,000 be approved; Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) Debt financing not exceeding the amount of $197,000 for a period not exceeding 10 years, at a rate to be determined; and b) Financing and repayment charges in the amount of approximately $26,135 be included in the annual Current Budget for the City of Picketing commencing in 2005 and continuing thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2004 as established by the Province for municipalities in Ontario; and Report OES 33-04 Subject: Tender T-4-2004 Tender for Asphalt & Concrete Sidewalk Installations Date: October 21,2004 Page 2 d) The Treasurer is authorized to take any actions necessary in order to effect the foregoing; and The appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. Executive Summary: As part of the 2004 Capital Budget, sidewalks at Annland Street, Eastbank Road, Kingston Road, Strouds Lane, Valley Farm Road and an asphalt swale on Eighth Concession Road were identified as construction projects. Tender T-4-2004 was issued on October 4, 2004 and closed on October 20, 2004. The total project cost is estimated to be $245,919 for an estimated net cost to the City of $229,831 (net of GST rebate). Staff has been directed to report to Council on the results of the tender and financing in order to proceed with this project in a timely manner. FINANCIAL IMPLICATIONS: 1. Tendered Amount T-4-2004 $184,080.50 G.S.T. 12,885.64 Sub Total 196,966.14 G.S.T. Rebate (12,885.64) Total $184,080.50 APPROVED SOURCE OF FUNDS: 2. 2004 Capital Budget Sidewalks Account 2323-6108 and 2004 Current Budget Roads Account 2320-2408 Locations Annland Street Valley Farm Road Kingston Road Strouds Lane Miscellaneous Safety Projects Eighth Concession Road Proiect Code 04-2323-001-01 04-2323-001-03 04-2323-001-04 04-2323-001-05 04-2323-001-08 2320-2408-0003 Amount 75 000 40.000 9O 000 10 000 50 000 5 950 Source 10 Yr. Debt 10 Yr. Debt 10 Yr. Debt Tax Levy Tax Levy Tax Levy FUNDS AVAILABLE $270,950 012 Report OES 33-04 Subject: Tender T-4-2004 Tender for Asphalt & Concrete Sidewalk Installations Date: October 21,2004 Page 3 ESTIMATED PROJECT COSTING SUMMARY 3. T-4-2004 - Asphalt & Concrete Sidewalk Installations City of Pickerinq Associated Costs Valley Farm Road Fieldlight Material Testing TRCA Permit Fees Miscellaneous Costs Project Contingency Total G.S.T. Total Gross Project Cost Sidewalk (Phase II - Kingston to $184,081 19,000 2,500 750 3,500 2O,O00 229,831 16,088 245,919 Less - G.S.T. Rebate Total Net Project Cost (16,088) $229,831 Project Cost over (under) Approved Funds The underexpenditure is overstated due to the GST 3% rebate savings that was already captured in the 2004 Current Budget. $(41,119) The balance of $41,119 is comprised of $8,000 of debt financing for the Kingston Road sidewalk, which will not be required and thus not included in the amount required to debt finance. The remaining $33,119 of tax levy funded future projects (Miscellanaeous safety projects 04-2323-001-08) will be carried over to 2005 for future expenditures. The Valley Farm Road sidewalk project ($40,000) is comprised of two locations. The component at Finch Avenue is included in this tender. The component from Kingston Road to Fieldlight Blvd. (Phase II) will be undertaken in 2005 but approval for $19,000 of debt financing is being sought at this time. The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and has provided the financing recommendations. Report OES 33-04 Subject: Tender T-4-2004 Tender for Asphalt & Concrete Sidewalk Installations Date: October 21,2004 Page 4 Background: Bids for Tender No T-4-2004 were received on Wednesday October 20, 2004. Two (2) companies submitted bids at the time of closing. The Iow bidder, Royalcrest Paving & Contracting Ltd. has completed a similar project for the City in the past under Quote No Q-39-2002 Whites Road Asphalt Sidewalk Installation, and are deemed acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety Policy, a list of personnel trained in Confined Space, and the CAD 7 form issued by Workplace Safety & Insurance Board, as submitted by Royalcrest Paving & Contracting Ltd. have been reviewed by the Safety & Training Coordinator and are deemed acceptable. Credit information as provided by D & B for Royalcrest Paving & Contracting Ltd. has been reviewed by the Purchasing Analyst and in conjunction with staff's review of reference information and the bonding available on this project, is deemed acceptable. Upon careful examination of all tenders, and relevant documents received the Operations & Emergency Services Department, Municipal Property & Engineering Division recommends the Iow bid Tender No. T-4-2004 submitted by Royalcrest Paving & Contracting Ltd. in the amount of $184,080.50 (GST extra) and that the net total project cost of $229,831 be approved. This report has been prepared in conjunction with the Manager of Supply & Services who concurs with the foregoing. Attachments: Location Map Record of Tenders Opened and Checked Supply & Services Memorandum (i ~I_ ~ Date: October 21,2004 Report OES 33-04 Subject: Tender T-4-2004 Tender for Asphalt & Concrete Sidewalk Installations Page 5 Prepared By: .~ '"~-~ ~ ,: / .~ I~rrel'f'~. Selsky "~ Supervisor, Engineering & C~,Jf'al Works ..~~~¢,.Vera A. FelcJ'emacher Manager, Supply & Services Approved / End~ Everett Bu n"t'sma/_/ Director, Operations & Emergency Services Gillis A. Paterson Director, Corporate Services & Treasurer Ric)hard W. I--/~lborn D),~ision Head, Municipal Property & Engineering DS:ko Attachments Copy: Chief Administrative Officer tation of Recommende. gd~ · Pickering?~tS:~ ~ . ,Thomas J. (:;~rl'nn, ~f Administru~ .~tive Officer ;,'rTACHMENT#, I TO P, EPORT#, OES / of 7 MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 ANNLAND STREET SIDEWALK () LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Sidewalk Construction -Construction of a concrete sidewalk PROJECT CODE: 04-2323-001-01 J:lsbookerlA#achments for Tendersl2OO4[T-4-2004 - Annland Street Sidewalk. doc ATTACHMENT#....~ .... TO REPORT# t~E~o ~-of '7 MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 VALLEY FARM ROAD SIDEWALK LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Sidewalk Construction -Construction of a concrete sidewalk and retaining wall PROJECT CODE: 04-2323-001-03 2'tsbookerlA#achments for Tender$12OO41T-4-2004 - Valley Farm Sidewalk. doc ~o~ ? MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 KINGSTON ROAD SIDEWALK LOCATION MAP PROPOSED CONSTRUCTION INCLUDES' Sidewalk Construction -Construction of an asphalt sidewalk PROJECT CODE: 04-2323-001-04 J'lsbookerlAttachments for Tenderst2OO41T-4-2004 - Kingston Rd Brock Sidewalk. doc ,~(F'T;~,CFt M E NT*~ TO REPORT ~o~--7-- MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 STROUDS LANE SIDEWALK LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Sidewalk Construction -Construction of a concrete sidewalk PROJECT CODE: 04-2323-001-05 dlsbookertA#achment$ for Tendersl2OO4lT-4-2004 - Strouds Lane Sidewalk. doc MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 EASTBANK ROAD SIDEWALK LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Sidewalk Construction -Construction of concrete and asphalt sidewalks PROJECT CODE: 04-2323-001-08 J'lsbookerlAttachments for Tenders~2004~ T-4-2004 - Eastbank Sidewalk. doc PICKERING · , ~ACHMENT# TOREPORT#, __(~ o~_2__ MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender T-4-2004 STROUDS/FAIRPORT SIDEWALK LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Sidewalk Construction -Construction of concrete sidewalk intersection fillets PROJECT CODE: 04-2323-001-08 j. llSbookertAttachments for Tendersl2OO4t T-4-2004 - Strouds & Fairport Sidewalk. doc MUNICIPAL PROPERTY & ENGINEERING Attachment For Tender: T-4-2004 SHOULDER WORKS, CONCESSION 8 ROAD SUBJECT LOCATION MAP PROPOSED CONSTRUCTION INCLUDES: Asphalt Gutter Construction -Construction of an asphalt gutter and spillway PROJECT CODE: 2320-2408-0003 J.'lsbookertAtfachments for Tenders~2OO4~T-4-2004 - Concession 8 Road. doc ,::T?ACHMENT~..._. TO REPORT# fJ/--~ ,~._.,2-OLiI. CORPORATE SERVICES DEPARTMENT MEMORANDUM October 20, 2004 To: Richard Holborn Division Head Municipal Property & Engineering F ECE VED OCT2 I 2004 C~l'Y OF PtOKERtNG MUNICIPAL PROPERTY & ENGINEERING Darrell Selsky /' Supervisor, Engineering & Capital Works From: Barbara T. ran Buyer Subject: Tender for Asphalt and Concrete Sidewalk Installations Tender No. T-4-2004 Closing: Wednesday, October 20, 2004 Tenders have been received for the above project. Fifteen (15) companies were invited to participate. An advertisement was placed in the Daily Commercial News, News Advertiser Community Page and on the City's Website all of which yielded interest from additional bidders. Five (5) bidders picked up tendering documents for a non-refundable fee of $35.00 per set of which three (3) responded. A copy of the Record of Tenders Opened and Checked used at the public tender opening is attached. Tenders shall be irrevocable for 60 days after the official closing date and time. Purchasing Procedure No. PUR 010-001, Item 10.03 (r) provides checking tendered unit prices and extensions; unit prices shall govern and extensions will be corrected accordingly, which has been done. All deposits other than the iow three bidders may be returned to the applicable bidders as provided for by Purchasing Procedure No. PUR 0t0-001, ~tern D~QQeFS are attached for i0.03(w). 'Therefore, the tenders of the iow two (2) "'~ ~VI~V~. Richard Holborn ___~.._ of ~ October 20, 2004 Page 2 Summary (PST included, GST included) RoyalCreSt Paving & Contracting Ltd. 196,966.14 196,967.10 Serve Construction Limited 216,593.68 216,593.68 D. Crupi & Sons UNABLE TO BID :::.~,,:,~,.'..,'!,~ ,:~ ~ .:~,*~,~ ~: Aurostar Inc. Rejected: Bid deposit not provided; Pun 010-001, Item 10.04,9(c) Pursuant to Information to Bidders Item 21, the following are being requested of the Iow bidder for your review during the evaluation stage of this tender call: (a) a copy of the Health and Safety Policy to be used on this project; (b) a copy of the current Cost and Frequency Report issued by Workplace Safety & Insurance Board (in lieu of the Cost and Frequency document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; (d) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer. Please review the copies of the bids, Include the following items in your Report to Council: (a) if items (a) through (c) noted above, are acceptable to the Safety & Training (b) (c) (d) (e) (f) (g) (h) Co-ordinator; any past work experience Royalcrest Paving & Contracting Ltd. including work location; without past work experience, if reference information is acceptable; the appropriate account number(s) to which this work is to be charged; the budget amount(s) assigned thereto Treasurer's confirmation of funding; related departmental approvals; any reason(s) why the iow bid of Royaicrest Paving & Contracting Ltd. is not acceptable; and related comments specific to the project. /bt' 025 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM October 12, 2004 To: Bruce Taylor City Clerk From: Ross Pym Principal Planner- Development Review Subject: City Initiated Applications to Amend the Pickering Official Plan (file: OPA 02-003/P) and Zoning By-laws (file: A 19/02) To Permit Accessory Dwelling Units City of Pickering On October 25, 2004, the Executive Committee will consider a recommendation for approval of Pickering Official Plan Amendment Application OPA 02-003/P and Zoning Amendment Application A 19/02 to permit an accessory dwelling unit in detached dwellings and semi-detached dwellings. This item is scheduled for the Council meeting on November 1, 2004, If Executive Committee and Council both adopt the recommendation for approval at their October 25, 2004 meeting and their November 1, 2004 meeting, Council may consider the attached by-laws later on at the same meeting. A by-law to establish a system for registration of accessory dwelling units is also attached. Statutory Public Meetings were held for these applications on November 21, 2002, and on June 10, 2004. Please note that these by-laws may be given all three readings at the November 1, 2004 Council Meeting, provided Council approves the above-noted application earlier that same Meeting. The purpose and effect of this by-law is to permit accessory dwelling units in detached dwellings and semi-detached dwellings. 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~,~nnin§ & Development RP:jf rp\ptart file\sdu'~bylaw memo to Clerk Attachments Ross Pym, MCIP, RP Principal Planner- Development Review THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6393/04 Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 19, B.F.C. Range 3, City of Pickering. (A 08/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a vehicle sales and service establishment use on the subject lands, being the North Part of Lot 19, B.F.C. Range 3, in the City of Pickering; AND WHEREAS an amendment to By-law 2511, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI Schedule I attached to this By-law 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 being North Part of Lot 19, B.F.C. Range 3, in the City of Pickering, designated "SC-36" on Schedule I attached to this By-law. 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) "Body Shop" shall mean an establishment in which motor vehicle bodies are repaired and/or painted; (2) (a) (3) (4) "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 Covera.qe" shall mean the percentage of lot area covered by all buildings on the lot; "Front Yard Depth" shall mean the shortest horizontal dimension of the front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point or the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (5) "Vehicle Display Area" shall mean a specified area used specifically for the display of vehicles which are associated with a vehicle sales and service establishment; -2- (6) (7) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop, as defined herein, or any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales and Service" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels, or a body shop as defined herein; PROVISIONS (1) Uses Permitted ("SC-36" Zone) No person shall, within the lands zoned "SC-36" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) vehicle sales and service (2) Zone Requirements ("SC-36" Zone) No person shall within the lands designated "SC-36" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (a) BUILDING RESTRICTIONS (i) FrontYard Depth: A Minimum: 22.0 metres B Maximum: 32.0 metres (ii) Side Yard Width (minimum): 3.0 metres (iii) Rear Yard Depth (minimum): 3.0 metres (iv) Building Height (minimum): (b) OUTDOOR STORAGE 6.0 metres (i) No outdoor storage is permitted in any yard; (ii) Despite subclause 5(2)(b)(i) above, the storage of automobiles in association with a vehicle sales and service use shall be permitted in any yard; (c) PARKING REQUIREMENTS (i) (ii) For a vehicle sales or rental establishment use, there shall be provided and maintained on the subject lands a minimum of 3.0 spaces per 100 square metres of gross leasable floor area. Despite clause 5.21.2d) of By-law 2511, as amended, a maximum of 3 vehicles may be located within the vehicle display area, which shall be located within the 3.0 metre parking area setback. (iii) No parking space, as required by subclause 5.(2)(c)(i) above, may be used for the storage or display of automobiles; -3- (iv) Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law 2511, as amended, shall not apply to the lands zoned "SC-36" on Schedule I attached hereto; (v) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 2511, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; 6. BY-LAW 2511 By-law 2511, is hereby 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 matter 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 November ,2004. day of David Ryan, Mayor Bruce Taylor, Clerk SC-36 SCHEDULE 'r TO BY-LAW PASSED THIS DAY OF 2004 MAYOR CLERK THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6394/04 Being a By-law to adopt Amendment 12 to the Official Plan for the City of Pickering. (OPA 02-003/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; AND WHEREAS pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; AND WHEREAS on February 23, 2000, Regional council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; AND WHEREAS the Region has advised that Amendment 12 to the City of Pickering Official Plan is exempt from regional approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That Amendment 12 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; o That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; This By-law shall come into force and take effect on the day of the final passing hereof. BY-LAW read a first, second and third time and finally passed this November ,2004. day of David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC, BY-LAW NO.6395/04 Being a By-law to amend Zoning By-law 2511, as amended to implement the Official Plan of the City of Picketing, Region of Durham. (A 19/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit an accessory dwelling unit in detached and semi-detached dwellings within the City of Pickering; AND WHEREAS amendment of By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2, DEFINITIONS, is hereby amended by adding thereto the following definition: 2.1.1 ACCESSORY DWELLING UNIT (2) Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. By adding a new Section 5.33 as follows: 5.33 Accessory Dwelling Unit 2. BY-LAW 2511 Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ! day of Novemb e r ,2004. David Ryan, Mayor Bruce Taylor, Clerk (,! 32 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6396/04 Being a By-law to amend Zoning By-law 2520, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit an accessory dwelling unit in detached and semi-detached dwellings within the City of Pickering; AND WHEREAS amendment of By-law 2520 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2, DEFINITIONS, is hereby amended by adding thereto the following definition: 2.1.1 ACCESSORY DWELLING UNIT (2) Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. By adding a new Section 5.33 as follows: 5.33 2. BY-LAW 2520 Accessory Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2520, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this November ,2004. 1 day of David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6397/04 Being a By-law to amend Zoning By-law 3036, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit an accessory dwelling unit in detached and semi-detached dwellings within the City of Pickering; AND WHEREAS amendment of By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2, DEFINITIONS, is hereby amended by adding thereto the following definition: 2.1.1 ACCESSORY DWELLING UNIT Accessory Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. (2) By adding a new Section 5.32 as follows: 5.32 Accessory Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi*detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. (d)an accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. 2. 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. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this November ,2004. ! . day of David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING . . BY-LAW NO. 6398/04 Being a By-law to amend Zoning By-law 3037, as amended to implement the Official Plan of the City of Pickering, Region of Durham. (A 19/02) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit an accessorY dwelling unit in detached and semi-detached dwellings within the City of Pickering; AND WHEREAS amendment of By-law 3037 is therefore deemed necessarY; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 2, DEFINITIONS, is hereby amended by adding thereto the following definition: 2.1.1 ACCESSORY DWELLING UNIT AccessorY Dwelling Unit shall mean one self contained dwelling unit contained within a permitted detached dwelling or semi-detached dwelling. (2) By adding a new Section 5.31 as follows: 5.31 AccessorY Dwelling Unit Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling or a semi-detached dwelling an accessory dwelling unit is permitted within the detached dwelling or semi- detached dwelling provided: (a) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; (b) the maximum floor area of an accessorY dwelling unit shall be one hundred (100) square metres; (c) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessorY dwelling unit. (d)an accessory dwelling unit is not permitted within an accessory dwelling that is permitted in Rural Agricultural Zone. 2. BY-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. .3. EFFECTIVE DATE This By-law shall come into fome in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this l. day of November ,2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6399/04 Being a By-law to provide for the registration of two-unit houses in the City of Pickering. WHEREAS pursuant to Section 167(2) of the Municipa/Act, R.S.O. 2001, c.25, as amended, a municipality has the authority to pass a by-law: (a) providing for the registration of two-unit houses or classes of them as may be set out in the By-law and the revocation of registrations; and (b) appointing a Registrar to register two-unit houses in a public register, to revoke registrations and to perform such other duties related thereto as may be set out in the By-law or other applicable law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS In this By-law, (a) (b) "Inspector" means a Building Inspector, Municipal Law Enforcement Officer or Fire Inspector appointed by the City of Pickering; "owner" means the registered owner of the land on which the two-unit house is situated; (c) (d) "Registrar" means the Fire Chief of the City of Picketing; "residential unit" means a unit that: (i) conSists of a self-contained set of rooms located in a building or structure, (ii) is used as a residential premises, (iii) contains kitchen and bathroom facilities that are used only by the occupants of the unit, (iv) is used as a single housekeeping unit, which includes a unit in which no occupant has exclusive possession of any part of the unit, and (v) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit; (e) "two-unit house" means a detached house or a semi-detached house which contains two residential units. 2. PROHIBITION No person shall operate or permit the occupancy of a two-unit house unless the owner obtains registration of the house as required by this By-law. REGISTRATION APPLICATIONS (a) To obtain registration, the owner shall: (i) submit a completed application on a form provided by the City of Picketing; o (ii) (iii) -2- pay the prescribed fee in the amount set out in schedule "A" to this by-law; arrange for an inspection of both residential units by an Inspector, and demonstrate compliance with all relevant standards set out in the Ontario Fire Code, as amended from time to time; and (iv) provide bona-fide evidence that the use of the house for the purposes of more than one residential unit meets the applicable zoning provisions, or are exempt from such provisions under the terms of the Land Use Planning and Protection Act, 1996. (b) A house which has received approval for an accessory dwelling unit through the issuance of a building permit or change of use permit under the Building Code Act, is exempt from the requirements of (a)(iii) and (iv) of this section where such permit explicitly authorized such use and satisfactory final inspections have been completed: (c) The Registrar shall issue a registration certificate for an accessory dwelling unit except where the house proposed for registration does not comply with this By-law or any other applicable law, as determined by the Registrar. REVOCATION OF REGISTRATION (a) The Registrar may revoke the registration of a two-unit house which, at any time after registration, ceases to meet the requirements set out in this By-law or other applicable law, or where the Registrar determines that the registration certificate was issued based on false or misleading information. (b) Where the Registrar revokes the registration of accessory dwelling unit, notice stating the reason for the revocation shall be given to the owner of the accessory dwelling unit by regular mail. ADMINISTRATION OF THIS BY-LAW The Registrar may designate such persons as are necessary to administer this By-law. OFFENCES AND PENALTIES Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this 1st day of November, 2004. David Ryan, Mayor Bruce Taylor, Clerk Schedule "A" to By-law Number 6399~04 Registration Fee of Accessory Dwelling Units: Prior to March 31, 2005 After April 1, 2005 $250.00 $500.00