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May 24, 2005
Executive Committee Meeting Agenda Tuesday, May 24, 2005 7:30 PM Chair: Councillor Dickerson ii) ADOPTION OF MINUTES Meeting of May 9, 2005 PAGE 1-9 (11) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 20-05 ZONING BY-LAW AMENDMENT APPLICATION A 15/04 R & D INVESTMENTS INC. 1741 FAIRPORT ROAD (LOT 126, PLAN 1051) PAGE 10-40 PLANNING & DEVELOPMENT REPORT PD 17-05 ZONING BY-LAW AMENDMENT APPLICATION A 12/04 ALAN & NANCY FORD 1465 ALTONA ROAD PART OF LOT 33, PLAN 228 41-69 PLANNING & DEVELOPMENT REPORT PD 18-05 ZONING BY-LAW AMENDMENT APPLICATION A 06/01 GLENDA WINTERSTEIN 5015 BROCK ROAD (SOUTH PART OF LOT 18, CONCESSION 9) 70-89 PLANNING & DEVELOPMENT REPORT PD 19-05 STREET NAME CHANGE OLD BROCK ROAD TO JENASH COURT 90-94 CORPORATE SERVICES REPORT CS 41-05 WARD BOUNDARY ALTERATIONS 95-103 Executive Committee Meeting Agenda Tuesday, May 24, 2005 7:30 PM Chair: Councillor Dickerson CORPORATE SERVICES REPORT CS 39-05 CASH POSITION REPORT AS AT MARCH 31, 2005 104-114 o CORPORATE SERVICES REPORT CS 43-05 DEVELOPMENT CHARGES -ANNUAL INDEXING 115-119 CORPORATE SERVICES REPORT CS 44-05 ANIMAL CONTROL SERVICES Referred back to staff on May 9, 2005 to Provide further information on Options 1 and 3 To be circulated under separate cover PROCLAMATIONS: "SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH" t20-122 (111) CONFIDENTIAL ITEMS To consider an appointment. 123-145 (IV) OTHER BUSINESS (V) ADJOURNMENT Executive Committee Meeting Minutes Monday, May 9, 2005 7:30 PM Chair: Councillor Brenner PRESENT: Mayor Dave Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma G. Paterson B. Taylor - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Corporate Services & Treasurer - City Clerk (i) ADOPTION OF MINUTES Meeting of April 25, 2005 (11) 1. MATTERS FOR CONSIDERATION CORPORATE SERVICES REPORT CS 37-05 ANIMAL CONTROL SERVICES Referred Back To Staff for Complete In-Depth Evaluation Of Options 1 and 3 OPERATIONS & EMERGENCY SERVICES REPORT OES 13-05 PICKERING MUSEUM VILLAGE -REQUEST TO DE-ACCESSION QUARRY ENGINE Approved See Recommendation #1 Executive Committee Meeting Minutes Monday, May 9, 2005 7:30 PM Chair: Councillor Brenner OPERATIONS & EMERGENCY SERVICES REPORT OES 09-05 TENDER NO. T-1-2005 - TENDER FOR ASPHALT OVERLAY WORKS FOR ROUGEMOUNT DRIVE AND SANDY BEACH ROAD Approved See Recommendation #2 OPERATIONS & EMERGENCY SERVICES REPORT OES 15-05 FIRE SERVICES EMERGENCY MEDICAL RESPOSNE ('EMS) Approved See Recommendation #3 CORPORATE SERVICES REPORT CS 31-05 DEVELOPMENT CHARGES RESERVE FUND STATEMENT OF THE TREASURER FOR 2004 Approved See Recommendation #4 o CORPORATE SERVICES REPORT CS 33-05 2004 PRE-AUDIT BALANCES OF RESERVES AND RESERVE FUNDS Approved See Recommendation #5 CORPORATE SERVICES REPORT CS 32-05 2005 ANNUAL REPAYMENT LIMIT FOR DEBT AND FINANCIAL OBLIGATIONS Approved See Recommendation #6 CORPORATE SERVICES REPORT CS 18-05 STATEMENT OF THE TREASURER RESPECTING 2004 REMUNERATION AND EXPENSES OF MEMBERS OF COUNCIL AND COUNCIL APPOINTEES TO BOARDS, AGENCIES AND OTHER BODIES Approved See Recommendation #7 2 Executive Committee Meeting Minutes Monday, May 9, 2005 7:30 PM Chair: Councillor Brenner CORPORATE SERVICES REPORT CS 23-05 FORMAL QUOTATIONS - QUARTERLY REPORT FOR INFORMATION Approved See Recommendation #8 10. CORPORATE SERVICES REPORT CS 35-05 APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS Approved By-law Forwarded to Council See Recommendation #9 11. CORPORATE SERVICES REPORT CS 34-05 APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS ADDroved By-law Forwarded to Council See Recommendation #J 0 12. PROCLAMATIONS: "ARTS WEEK" "HEALTH BEFORE PREGNANCY MONTH" "RICK HANSEN WHEELS IN MOTION DAY" Approved See Recommendation #11 1. OTHER BUSINESS Councillor Ashe advised of his attendance at the Men of Distinction Awards and congratulated Councillor Johnson on receiving the Lifetime Award. Councillor McLean questioned if ice cream vehicles can be prohibited within a geographical area. The following matters were considered prior to the regular meeting: a) The Division Head, Corporate Projects & Policy, sought direction from Members of Council with respect to the following Seaton-related issues: 3 004 Executive Committee Meeting Minutes Monday, May 9, 2005 7:30 PM Chair: Councillor Brenner b) c) d) i) Council directed staff to continue to work on a Modified Seaton Plan in consultation with the Region, the Province, TRC^ and others as required, and That all recommended modifications be supported by staff from a technical / professional perspective; and · That no modifications be recommended that could be prejudicial to Council's position on the development of Cherrywood; and · That a statutory public information meeting be held; and · That the Modified Seaton Plan be identified as OP^ 14. ii) Council directed staff to continue with the other work streams as follows: · City to be a proponent of the Master Environmental Servicing Plan, so long as funding is provided by others · Financial Impact Study to be undertaken by the I.B.I. Group, or such other frim as may be identified, with a peer review by C.N. Watson & Associates possibly in conjunction with the Region of Durham · Terms of Reference for Highway 407 Employment Lands Study to be prepared for Council's consideration · Seaton Neighbourhood Plans and Development Guidelines to be prepared by City, so long as funding provided by others · Sustainable Neighbourhood Plan to be prepared by City for a neighbourhood in Cherrywood. The CAO distributed a Confidential Memo dated May 5, 2005 from the Solicitor for the City providing a legal opinion. It was the consensus of Members of Council that there be an "opening" to celebrate the completion of construction of the Church Street/Clements Road intersection. Councillor McLean stated that he was disappointed with the lack of response he received from the Police respecting a van that was abandoned on Golden Ridge Crescent. -4- Executive Committee Meeting Minutes Monday, May 9, 2005 7:30 PM Chair: Councillor Brenner 00~ e) Mayor Ryan reported that Durham Region Police Service Chief McAIpine will be retiring in October. Mayor Ryan reported that he received a letter from the City of Cornwall asking all Ontario municipalities to support commercial taxation for OPG Generating Stations. (IV) ADJOURNMENT The meeting adjourned at 8:45 pm. -5- 006 Appendix I Executive Committee Report EC 2005-08 That the Executive Committee of the City of Pickering having met on May 9, 2005, presents its eighth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 13-05 PICKERING MUSEUM VILLAGE -REQUEST TO DE-ACCESSION QUARRY ENGINE That Operations & Emergency Services Report OES 13-05 regarding the request to de-accession the quarry engine at the Pickering Museum Village, be received; and That the Council of the City of Pickering approve the de-accessioning of the quarry engine from the Pickering Museum Village; and That Council approve the donation of the quarry engine to the Ontado Steam Heritage Museum Inc.; and That staff be authorized to enter into an appropriate disposal agreement respecting the quarry engine; and That the appropriate officials of the City of Pickering be given the authority to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 09-05 TENDER NO. T-1-2005 - TENDER FOR ASPHALT OVERLAY WORKS FOR ROUGEMOUNT DRIVE AND SANDY BEACH ROAD 1. That Report OES 09-05 regarding the Asphalt Overlay Works for Rougemount Drive and Sandy Beach Road, be received; and That Tender No. T-1-2005 submitted by D. Crupi & Sons Ltd. for asphalt Oveday Works for Rougemount Drive and Sandy Beach Road in the amount of $151,434.75 (G.S.T. included) and a net cost after G.S.T. rebate of $141,527.80, be accepted; and That the total project cost of $173,905 including the tender amount, and other associated costs and a net total cost after rebates of $162,528, be approved; and -6- Appendix I Executive Committee Report EC 2005-08 00'7 That the total costs of $90,026 for Rougemount Drive to be funded from Public Works Services Reserve Fund, and the amount of $72,502 for Sandy Beach Road being an unfinished work from 2001, to be funded by Development Charges Reserve Fund ($36,251) and Internal Loan ($36,251), be approved; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 15/05 FIRE SERVICES EMERGENCY MEDICAL RESPONSE (EMS) 1. That the Region of Durham reimburse all costs associated with the purchase of all medical equipment and training to Municipal Fire Services; and 2. That the City support the recommendation that existing and future fire station locations be strongly considered as joint Emergency Medical Response / Fire facilities; and 3. That the City support the establishment of a local stakeholder committee mandated to review our present Regional tiered response system and implement improvement where possible and practical. CORPORATE SERVICES REPORT CS 31-05 DEVELOPMENT CHARGES RESERVE FUND STATEMENT OF THE TREASURER FOR 2004 That Report CS 31-05 of the Director, Corporate Services & Treasurer respecting the Development Charges Reserve Fund, be received and forwarded to Council for information. CORPORATE SERVICES REPORT CS 33-05 2004 PRE-AUDIT BALANCES OF RESERVES AND RESERVE FUNDS That Report CS 33-05 of the Director, Corporate Services & Treasurer regarding the 2004 Pro-Audit Balances of Reserves and Reserve Funds, be received and forwarded to Council for information. -7- 005 Appendix I Executive Committee Report EC 2005-08 CORPORATE SERVICES REPORT CS 32-05 2005 ANNUAL REPAYMENT LIMIT FOR DEBT AND FINANCIAL OBLIGATIONS That Report CS 32-05 of the Director, Corporate Services & Treasurer concerning 2005 Annual Repayment Limit for Debt and Financial Obligations, be forwarded to Council for information. CORPORATE SERVICES REPORT CS 18-05 STATEMENT OF THE TREASURER RESPECTING 2004 REMUNERATION AND EXPENSES OF MEMBERS OF COUNCIL AND COUNCIL APPOINTEES TO BOARDS, AGENCIES AND OTHER BODIES That Report CS 18-05 of the Director, Corporate Services & Treasurer concerning Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2004, be received. o CORPORATE SERVICES REPORT CS 23-05 FORMAL QUOTATIONS - QUARTERLY REPORT FOR INFORMATION That Report CS 23-05 of the Director, Corporate Services & Treasurer concerning Formal Quotations - Quarterly Report for Information, be received and forwarded to Council for information. o CORPORATE SERVICES REPORT CS 35-05 APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS That Report to Council CS 35-05 regarding the appointment of two Municipal Law Enforcement Officers, be received; and That the draft by-law to appoint Kevin Narraway and Don Sunny-Guy as Municipal Law Enforcement Officers for the City of Pickering, be enacted. -8- Appendix I Executive Committee Report EC 2005-08 005 10. CORPORATE SERVICES REPORT CS 34-05 APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS That Report CS 34-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1210 & 1235 Radom Street, 1310 Fieldlight Blvd., 1975 & 1958 Rosefleld Blvd., 1525 & 1535 Diefenbaker Court, 1530, 1540, 1625 & 1635 Pickering Parkway, 1000 & 1400 The Esplanade, 905 & 925 Bayly Street, 1650 & 1865 Kingston Road, 1350, 1360 & 1885 Glenanna Road, 1915 Denmar Road, 1345 Altona Road, 1655 & 1665 Pickering Parkway, 1100 Begley Street, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 11. PROCLAMATIONS: "ARTS WEEK" "HEALTH BEFORE PREGNANCY MONTH" "RICK HANSEN WHEELS IN MOTION DAY" That Mayor Ryan be authorized to make the following proclamations: "Arts Week" - May 23 - 29, 2005 "Health Before Pregnancy Month"- June, 2005 "Rick Hansen Wheels in Motion Day" - June 12, 2005 9 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 15/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 20-05, to amend the existing zoning on the subject lands to permit the development of nine detached dwellings, on lands being Lot 126, Plan 1051, City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 15/04, as set out in Appendix I to Report PD 20-05 be FORWARDED to City Council for enactment. PICKERING 01i REPORT TO EXECUTIVE COMMITTEE Report Number: PD 20-05 Date: May 6, 2005 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 15/04 R & D Investments Inc. 1741 Fairport Road (Lot 126, Plan 1051) City of Pickering Recommendation: That Zoning By-law Amendment Application A 15/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 20-05, to amend the existing zoning on the subject lands to permit the development of nine detached dwellings, on lands being Lot 126, Plan 1051, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 15/04, as set out in Appendix I to Report PD 20-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit the development of nine detached dwellings on lands located immediately noah of the CN rail line, on the east side of Fairport Road (see Attachment #1 - Location Map). The nine detached dwellings will front onto a 6.0 metre private road with lot frontages of approximately 13.0 metres and lot depths of approximately 24.0 metres (approximate lot area of 312 square metres) (see Attachment #2- Applicant's Submitted Plan). The subject property is located between the Canadian National Rail Line, Fairport Road and a recently approved residential development to the north, at the south edge of the Dunbarton Community. Redevelopment of these lands presents a challenge due to the configuration of the property and the location adjacent to the CN Rail. The design proposed for this nine unit infill development is specific to the conditions of this property and does not set a precedent for future development in this neighbourhood. Through the review of this application, staff also considered alternative non-residential uses for the lands. While alternative uses were identified that could be supported from a planning standpoint, these uses were strongly opposed by area residents. Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 2 The proposed residential development will not adversely affect the character of the neighbourhood, satisfies the noise and safety standards set by the Canadian National Railway and the Ministry of the Environment, and conforms to the policies of the Pickering Official Plan and provisions of the Dunbarton Neighbourhood Development and Design Guidelines. All interests of the City will be appropriately addressed through future subdivision and condominium/site plan agreements. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At the December 16, 2004 Information Meeting (see Text of Information Report, Attachment #3) Public Comments (Gall Clow- FRAC) · development is incompatible, but supports 12 metre frontages; · does not want private road development to set a precedent in Dunbarton Neighbourhood; · desires a building presence onto Fairport Road; · concerns over traffic onto Fairport Road; Applicant Comments (Julius DeRuyter- PMG Planning) · the property is a remnant parcel; · development will be in character with the existing neigbourhood; · driveway and berm will be owned by the condominium (common elements); · the dwellings will be freehold; 1.2 Agencies: Durham Region Planning Department Veridian Connections conforms with Regional Official Plan; municipal water supply and sanitary sewer are available; further information is required in order to demonstrate how development will proceed with regards to servicing; after review of the noise and vibration impact study, the study is acceptable and consistent with MOE recommended procedures; after review of the Phase I Environmental Assessment, no issues of environmental concerns; no further Provincial interests are identified (see Attachment #4); expansion of the corporations plant will Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 3 O. a 1.3 Canadian National Railway City Departments: be required on the road allowance to service this area; individual metering for each unit is required; pay costs to supply and install services; possible relocation of services to accommodate proposed driveway; requires construction agreement to obtain site servicing; no objection to the proposed development (see Attachment #5); maintain a minimum of 21.9 metre setback from the property line to the dwellings; enter into appropriate agreements with CN; meet MOE noise criteria of 55dba; minimum berm height of 3.4 metres along the entire southerly property line; appropriate warning clauses within a registered municipal agreement; minimum 1.83 metres chain link fence along the mutual southerly property line (see Attachment #6); Development Control Pickering Fire Services a stormwater management report is required, to address quality control, quantity control and downstream erosion control; grading and drainage for the site must be able to accommodate existing drainage from properties to the north and west; development agreement may be required to address works external to the site; a Fill & Topsoil permit will be require prior to any soil disturbance (see Attachment #7); requires road to be constructed according to OBC requirements for (Access Route Design); fire route signs along the southern portion of the road; 6.0 metres is an acceptable width; installation of fire hydrant between Unit #-.4 & Unit #5 on the south side; these must be demonstrated through the site plan /condo application (see Attachment #8); 0i4 Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 4 2.0 2.1 2.1.1 2.1.2 2.1.3 Discussion Use and Compatibility The proposed development is compatible with the surroundinq nei.qhbourhood. The proposed development is compatible with the character of existing and recently approved surrounding development. Although a mix of both lot sizes and housing product type is typically encouraged within new residential developments, the size of the subject parcel and other factors influencing its development, limit opportunity to introduce variety in housing form. The proposal for nine detached units on a private internal road is considered appropriate provided architectural design requirements are incorporated through Draft Plan of Subdivision Application S~P-2005-02 to address Fairport Road streetscape. The proposed development completes this area of the Dunbarton neighbourhood in a compatible fashion. The proposed development is unique and will not set a precedent in the City of Pickering. The development of this remnant parcel presents a unique challenge due to the size and configuration of the parcel, and its location adjacent to the Canadian National Rail Line. The development solution for this property will be unique to this location and will not set a precedent for future infill development in the Dunbarton Neighbourhood or elsewhere in the City. Through the review of this application, staff worked with the applicant to identify and explore potential non-residential uses of the property that could also be supported from a planning standpoint. Staff considered commercial/office, self-storage development and different forms of residential development such as townhouses, semi-detached and multi-unit residential buildings. Although non-residential land uses were identified that were considered compatible from a planning standpoint, area residents expressed strong concern and opposition with these uses. Consequently, although residential may not be the most preferred land use for the subject property, it can be introduced in a fashion that is compatible with the community and that meets required noise and safety standards. An appropriate livinq environment can be achieved. Although the development being proposed abuts the CN rail line, the applicant has demonstrated through a noise and vibration report that, through appropriate attenuation measures, an appropriate living environment can be achieved in compliance with Ministry of Environment and Canadian National Railway standards. This is supported by the Region of Durham comments regarding the noise and vibration impact study. However, protected outdoor activity areas will be located in the rear yards of the lots, screened from the CN Rail by the physical structure of the dwelling unit. Typical front yard activities will be restricted due to noise levels associated with the CN Railway. Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 5 0i5 2.2 2.2.1 2.2.2 2.2.3 2.3 2.3.1 Zoning & Design Zoning standards will be consistent with recent development with certain modifications. Zoning will be consistent with recent infill development in the Dunbarton Neighbourhood. Minimum lot frontages of 12 metres, minimum front yard depths of 4.5 metres and minimum side yard widths of 1.2 metres and 0.6 metres and a 4.5 flankage side yard width will be required for this development. A reduced rear yard depth from 7.5 metres to 7.0 metres and a reduced two-way drive aisle width from 6.5 metres to 6.0 metres is required to address the shallow parcel width resulting from the requirement for the construction of a rail safety berm. To address the common element road, freehold units in the by-law will be permitted in this development to front onto a private road as opposed to a public road. These standards will be implemented in the proposed by-law. A Holding Provision in the Zoninq By-law will require appropriate a.qreements to be executed. In order to control development on the subject property an "H" Holding Provision will be implemented in the zoning by-law. The objective of the holding provision is to ensure that appropriate agreements are entered into with the City of Pickering and the Region of Durham to ensure that issues of the Canadian National Railway are addressed. Further, the holding provision will also require that other elements of the development are addressed including site plan/condo agreements, noise and vibration requirements, and site servicing and grading requirements. Dwelling design will be addressed throuqh an Architectural Design Statement. Dwelling unit design will be controlled through the associated Subdivision Application S-P-2005-01. An architectural design statement will be required as a condition of approval for the subdivision application. This statement will address such issues as building envelopes, house designs, siting, and streetscapes as well as garage designs, locations, massing, width, and projections from the main dwelling, with a specific requirement to address the Fairport Road streetscape. Associated Applications, Future Applications and Processes Draft Plan of Subdivision S-P-2005-01 is required in order to create a developable parcel. A Statutory Public Meeting was held for Draft Plan of Subdivision Application S-P-2005-01 on April 21,2005 in order to develop this property for nine detached dwelling units, the parcel that is to be developed must be a whole of a lot or block within a registered plan. Therefore, the applicant is proposing to create one subdivision block on the subject lands with the intention to develop nine detached dwelling units. Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 6 2.3.2 3.0 Condominium/Site Plan applications will be required. An application for condominium approval will be required to define the common elements of the development, such as the private road and the berm. These common elements will be approved as part of a site plan application. Along with defining the road and the berm as common elements the City will require securities for the installation of these common elements as well as landscaping, landscaping of the berm, and other works as required by the City through the site plan application. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Comments from the Region of Durham Planning Department 5. Comments from Veridian Connections 6. Comments from Canadian National Railway 7. Comments from Development Control 8. Comments from Pickering Fire Services Report PD 20-05 Subject: R & D Investments Inc. (A 15/04) Date: May 6, 2005 Page 7 0!7 Prepared By: Geo~ RC~r~n~wski, CPT Pl~ne¢llU Approved / Endorsed By: /" ,. ~.:"' / . Neil Carro PP ' Director, Planning & Development Lync~'~'T~ylor, MCIP,/F~PP Manager, Development Review GXR:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration Pickering City Council Quinn, of 015 APPENDIX I TO REPORT NUMBER PD 20-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 15/04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 0!9 Being a By-law to amend Restricted Area Zoning By-law 3036, to implement the Official Plan of the City of Pickering, Region of Durham, Lot 126, Plan 1051, in the City of Pickering. (A 15/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit 9 single detached dwelling lots on the subject lands, being the Lot 126, Plan 1051, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, 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. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands being Lot 126, Plan 1051, in the City of Pickering, designated "(H)S3-12" on Schedule I attached to this By-law. 3. GENERALPROVISIONS 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. 4. 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) "Dwellin,q 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) "Dwellin,q, Sin,qle or Sinqle Dwelling'I shall mean a dwelling containing one dwelling unit and uses accessory thereto; (d) "Dwellinq, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the ares of the floor surface contained within the outside walls of a storey or part of a storey; (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; 0£0 -2- (3) (4) (5) (a) (b) (a) (b) (c) (d) (e) (f) (g) (h) (i) 0) "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 a group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; "Lot 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 Garaqe" 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; "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; "Front Yard" shall mean a yard extending across the full width of a tot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; "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; "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; "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; "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 tot line and the nearest wall of the nearest main building or structure on the lot; "Flankaqe 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; "Flankape Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S3-12" Zone) No person shall, within the lands zoned "S3-12" 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: (i) detached dwelling residential use Zone Requirements ("S3-12" Zone) No person shall within the lands designated "S3-12" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) LotArea (minimum): (ii) Lot Frontage (minimum): (iii) Front Yard Depth (minimum): (iv) Side Yard Width (minimum): 300 square metres 12 metres 4.5 metres 1.2 metres & 0.6 metres (b) (v) Flankage Side Yard Width (minimum): 4.5 metres (vi) Rear Yard Depth (minimum): (vii) Building Height (minimum): (viii) Dwelling Unit Requirements: (ix) Parking Requirements: 7.0metres 12.0 metres (x) Special Regulations A B maximum one dwelling unit per lot and minimum gross floor area- residential of 100 square metres minimum One private garage per lot attached to the main building and vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from and side lot line immediately adjoining or abutting on a reserve on the opposite side of the street. A maximum of 9 detached dwelling units are permitted on the lands designated %3~12" on Schedule I hereto. Despite the provisions of Section 5.6 of By-law 3036, the requirement for frontage on a public street shall be satisfied by establishing frontage on a common element condominium street. HOLDING PROVISION - fH} HOLDING SYMBOL (1) Holdin.q Provision Requirements (a) Permitted Uses While the "(H)" holding symbol is in place, no person shall, on the lands designated "(H)S3-12", use the lands for any purpose other than for One Single Detached Dwelling Unit subject to provisions of Section 9.2 of By-law 3036. 02i -4- (b) Removal of the (H) Holding Symbol Prior to an amendment to remove the (H) Holding Symbol preceding the above zoning category "S3-12" the following condition shall be met: (i) An appropriate agreement(s) shall be executed with and to the satisfaction of the City of Pickering and/or the Region of Durham, and such agreements shall be registered on title to the lands, and the agreement shall include noise and vibration requirements for the development of buildings or structures in accordance with the provisions of subsection 5.(1) of this By-law; BY-LAW 3036 By-law 3036, 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 3036, as amended. 8. 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 ,2005. day of / SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2005 MAYOR CLERK 024 ATTACHMENT REPORI # PD WELRUS STRE~ i SPRUCE. GOLDINRIDGE' LANE C.N.R. S HEP PAR D AVENUE ' KINGSTON DUNBARTON O,N.R. ~ 0 DATE NO~,,~ 2,, 2,904: RSPO~,7 ~' Pi) 025 SITE PLAN 1741 Fairport Road 9 Single Detached Residential 0,,6 ATTACHMENT# REPOR'I' ~' PD._ PICKERING INFORMATION REPORT NO. 20-04 FOR PUBLIC INFORMATION MEETING OF December 16, 2004 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 15/04 R & D Investments Inc. Lot 126, Plan 1051 (1741 Fairport Road) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the property subject of the above-noted application is approximately 0.49 hectares in size; located on the east side of Fairport Road, immediately north of the CNR rail line (see Attachment #1 - Location Map); existing single detached residential homes are located to the west and north of the subject lands. APPLICANT'S PROPOSAL - the applicant proposes to amend the zoning of the property to develop 9 detached dwellings (see Attachment #2 - Applicant's Submitted Plan); - proposed lot frontages are approximately 12.0 meters and proposed lot depths of approximately 25.0 metres; - the applicant is proposing a 5.0 metre, one-way private driveway, entering from Fairport Road and exiting onto Dunbarton Road, through the northeast corner of the property; - the applicant proposes to construct a 10.0 metre wide, 3.0 metre high berm, for the purposes of providing a barrier between the CNR rail line and the proposed dwelling units; an application of condominium will be submitted in the future for the common element driveway. Information Report No. 20-04 Page 2 027 3.0 3.1 3.2 3.3 3.4 OFFICIAL PLAN AND ZONING Durham Re.qional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated Living Area, which permits development predominately for housing purposes; - the applicant's proposal complies with this designation; Pickerin.q Official Plan the subject property is designated Low Density - Urban Residential within the Dunbarton Neighbourhood; this designation permits residential uses and a mix of community, cultural and recreational uses; Iow density residential development permits up to and including 30 units per net hectare; the proposed development would provide a net density of 18.3 units per net hectare; - the applicant's proposal conforms to the applicable Official Plan policies; Dunbarton Neiflhbourhood Desitin Guidelines (see Attachment #3 - Dunbarton Neighbourhood Map) - new development shall be compatible with the existing neighbourhood character with regard to lot area and frontage requirements; - new development shall maintain building setbacks consistent with recent subdivision standards; - compliance with the Dunbarton Neighbourhood Guidelines will be considered through the review of this application; Zonin.q By-law 3036 the subject lands are currently zoned "R3" - Detached Dwellings Residential Zone, by Zoning By-law 3036; the existing zoning permits detached dwellings with minimum lot frontages of 18 metres and minimum lot areas of 550 square metres; an amendment to the zoning by-law is required to allow for the development of 9 detached dwelling units on lots with minimum lot frontages of 12 metres. 0~'~ ~ Information Report No. 20-04 Page 3 t, TTAOHM£NT # 3 'TO REPOR1 # PD p~ - ~ ..5' _~ 4.0 4.1 4.2 4.3 RESULTS OF CIRCULATION Resident Comments - no written comments received to date; A.qency Comments no comments have been received to date; Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: Dunbarton Nei.qhbourhood · is the proposed development compatible with, and sensitive to, surrounding existing residential developments; · does this proposal maintain the character of the Dunbarton Neighbourhood; · does the proposed internal road and lotting pattern provide for adequate site function; · the neighbourhood guidelines contemplated new internal roads to be municipally owned, 20.0 metre public right-of-way, therefore, review of the intent of the guidelines for a private (driveway) is required; · an amendment to development guidelines may be required to address common element road; · does the proposal provide opportunity to maintain a relationship to Fairport Road through building orientation; · are the Design Guidelines of the Dunbarton Neighbourhood Development being adhered to; Appropriateness, Intensification & Design · is this form of development appropriate for this location; · is it appropriate to have grade related housing facing an elevated rail line; · is intensification of this land necessary in this community; · is the living environment appropriate for this form of housing; · is the site restricted in achieving proper dwelling setbacks, right-of-way widths, amenity areas and safety from the rail line; · ~ can the site and built form be redesigned to achieve a relationship to Fairport Road and a functional two-way right-of-way; is the site being overdeveloped, can the number of units be reduced and designed in a different manner (e.g. wide-shallow bungalows); Information Report No. 20-04 Page 4 · could development be redesigned for duplex or quadruplex development while still meeting Iow density requirements or another non-residential use; · being at the edge of the community and a remnant parcel with constraints, could deviation of guidelines and policy occur; Other · a preliminary grading plan must be submitted and reviewed to identify potential grading issues; · supporting technical submissions and reports must be received to ensure adequate information has been provided; · noise attenuation and vibration reports must be submitted and reviewed to assess effects on site layout, function and appropriateness; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to be notified of Council's decision regarding the proposed zoning by-law amendment application, you must request such in writing to the City Clerk; - if a person or public body that files a notice of appeal of a decision of the City of Pickering in respect of the zoning by-law amendment does not make oral submission at the public meeting, or make a written submission to the City of Pickering before the zoning by-law is passed, the Ontario Municipal Board may dismiss all or part of the appeal; - if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. Information Report No. 20-04 Page 5 6.0 6.1 6.2 6.3 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received - full scale copies of the Applicant's submitted plan is available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering is in receipt of the following reports, which obtain technical information for the Zoning By-law Amendment Application A 15/04: · a Phase I - Environmental Site Assessment - 1741 Fairport Road - City of Pickering, created by SoiI-Eng Limited - May 2001. · a Soil Investigation Report - 1741 Fairport Road - City of Pickering, created by SoiI-Eng Limited - June 2001. the need for additional information and/or addendums to this report will be determined through the review and circulation of the applicant's current proposal; Property Owner the owner of the property is R & D Investments Inc. The principals of R & D Investments Inc. are Julius DeRuyter and Hessie Rimom. The agent for this application is Julius De Ruyter from PMG Planning Consultants. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner I GXR:jf Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development ATTACHMENT # ,-,~ TO REPOR'[ # PD~ ...... APPENDIX NO. I TO INFORMATION REPORT NO. 20-04 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) Planning & Development Department The Regional Municipality of Durham Planning Department 161'5 DUNDAS ST. E. 4TM FLOOR LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 mail: planning@ gion;durham,on.ca www. region.durnam,on.ca A.L. Georgieff, NICiP, RPP Commissioner of Planning "Service Excellence for our Communities" December 7, 2004 AT'fACHMEI',Ff # ~' ,TO REPOR'f # 'PD ~ ¢ -",r:, ~ Geoff Romanowski, Planner I Planning & Development Department One the Esplanade Pickering Ontario LlV 6K7 Dear Mr. Romanowski: Re: Zoning Amendment Application A 15/04 Applicant: R&D Investments Inc. Location: Part Lot 26, Concession 1 Municipality: City of-Pickering F 'E CB VB.D DEC O 8 2004 CITY OF P~CKERING PLANNING & DEVELOPMENT DEPARTMENT This application has been reviewed and the following comments are offered. The application proposes to rezone the property to permit the development of 9 detached dwellings. Durham Reqional Official Plan The subject property is designated "Living Area". Lands within this designation are to be used predominantly for housing purposes and developed in a compact form through higher densities.and by intensifying and redeVeloping existing areas, particularly along arterial roads. The proposal would be permitted by the policies of the Regional Official Plan. Municipal Servicinq Municipal water sUpply and sanitary sewer services are available to the subject property. AIthoughthere is adequate capacity to service'the property, it must be demonstrated that the proposed development will be service with a municipal right-of-way or the. property will be developed as a plan of condominium with full municipal servicing from the Fairport Road frontage. Additional information will be required from the applicant to demonstrate how the proposed develOpment will proceed. Provincial Plan Review Responsibilities The application has been screened in accordance with the provincial plan' review responsibilities. The property is adjacent to Fairport Road, which is designated as a Type C arterial road in the Regional Plan. The · ~TTACHMEN? #~T0 REPORT # PD go-cc' Page 2 lands are also located immediately north of a railway corridor. Prior to residential' development of the lands, a noise and vibration study will be required to ensure noise and vibration impacts on the proposed residential units are adequately addresSed. The study may be submitted for Regional review through an associated land division or plan of subdivision process. A Phase'l Environmental Site Assessment prepared by SoiI-Eng Limited, · dated May, 2001, concluded that no issues of environmental .concern were identified and there was no evidence of soil contamination. No further provincial interests appear to be affected by the proposal. If you have any questions or require additional information, please call me. 033 Yours truly, Ray Davies, Planner Plan Implementation Current Operations Branch Copy: Pete Castellan, Durham Region Works Department R:\rd',zonin g\picked ng al 5-04.doc The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E, 4TM FLOOR, LANG,TOWER WEST BUILDING PO BO×'623 WHITBY ON L1N 6A3 ._ CANADA '05-728-7731 ,-ax: 905-436-661,2 E-mail: 0tanning@ region,durham .on.ca www. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning. 'i serf/i ~ :E~etlenc e ' for ou~'Cornrnunifies" · April .14, '.2005 Geoff Romanowski, Planner II Planning &' Development Department City of Picketing One the Esplanade Pickering ON: L1V 6K7 Dear Mr. Romanowski: Re: Noise and .Vibration Impact Study Prepared Dy: J.E. CoulterAssociates Limited File: ,S-P-2005-01 (R. & D. Investments) Municipality: City of. Pickering The Noise:and Vibration Impact Study addresses traffic noise generated by Fairport Road, Highway 2 (Kingston Road), and'Highway 40.1. The - study also addresses rail noise from the CN'Rail line, the primary noise source. The study provides calculations and recommendations that would meet the requirements of.the RegiOn of Durham and the' Guidelines of the .Ministry of .Environment. The Study suggests that the Outdoor Living Areas (OLA) for the proPosed units will be shielded 'by the UnitS themselves, with added Protection by in'corporating 2.4 metre sound barriers in 'between'the dwelling units and along Fairport Road and the easterly limit.of Lot 9 to shield sound at-the end of the units. This would satisfy'MOE criteria. Sound levels.were measures at the fagade of the units. Comments Cannot'be PrOVided for the Vibration. Monitoring 'component .of the report. The Study suggests sound fro.m Highway 2 and Highway 401 will.not be 'a' 'factor.due to' the elevated 'rail line in the vicinity which shields the proposed development. Appropriate warning clauses are recommended regarding r~oise abatement features, including those units which require central.air, conditioning. A standard warning clause from CN .Rail is included for these units as they Will be situated within 300 metres of the railway right-of-way. CN Rail should.have been forwarded a copy .of this Report due to the proximity of this development to the railway right-of-way. CN 'Rail should also provide appropriate comments and conditionS with resPect to this report. In general, the Study is acceptable with 'respect to the recommendations concernin.g road and rail noise, as the analytical techniques are consistent with MOE recommended procedures'. Consumer ~TTACH~ENT #~TO REPORI' # PD ~',~{9 ' 0..~' 035 Page. 2 Please donot hesitate to contact me if you have anyquestions. Ray Davies,:M'ClP,' RPP Planner Current Operations Branch copy. Julius De Ruyter, R.&D. Developments r:\rd\noise\S-P-2005-01 JSN-lO-2006 MON 10:~2 ~M ?~X NO, P, 02 ~IEPOR~' # PD_~.2.::.]c) ~ ~ ~ ECEIVED VERIDiAN CONNECTIONS. JAN I 0 2005 D~LO~N~ ~ICA~ION OITY OF PIOK~RIN~ PROJECT N~E: R & D Invesmmr~ Inc. ._ DRBSS/P~: 1741 Fai~ort ~ad (Lot 126,, Plan 1051) ..... ~ICIP~I~: .......... REF, NO.: A 15/04 SUBMISSION DATE: No~ember 10, 2004 10. '[%. Etcct*ic Service is available on fac road allowance(s) toslchiag this prope*tT. Servicing may be ~om Dtmbarton Road and/or Faitport Road. An expm'~sion of the Corpo:abon's plant is mq~red on ~e road a~owance ~ order to se~ce ~s pro~cct. This may ~:r be o*~ead, u~dergrmmd, o~ a combhadon. In teddcadal devdopmenra ag such cx~ansmns ar: ~detground. The applicmr may need to pro,de acco~odadon on ~re for the Corporation's t,~sfomer(s). · outdoor padmo~[ hi a 5m X 6m cleat area individual mete~g for each m~r m req~md. The App~cant may need ro prohde a concrete encased 0oope~/r~a¢ ~derground duct syst~ ~om S~ce Comxecfion Fee $130.00 pet u~* ~isd~ Coz~ozadoa plant on Dtmb~ron ~oad and/or Fm~ott ~:ad may have to be rephccd/relocarcd at the App~canCs cost to accommo&te &e proposed private ~v~y entt~c*~. ~e App~cmt must rake ~ect app~cafion to the Co~omfioa m oht~ specie approval of file ~eCt~c~ semce ~t~gem~ts and ,dated work for r~ project. ~e apparent is cautioned ~at t~ders, contXac~, or ~tk ~ifiated prior m obeying specific approval ~I[ be subject m chan~. A Cons~ucdoa 2~mc~t must be d~ed ~th ~e Co~0~afion in ozd~ to ob~m se~g for t~ dm, Legal costs ~1 be charged to ~ App~cant. A Mdfi-Tcnmt Agreement mu~t be ~mtcd ~m and may be ~c~teted on title as part of file s~c~g ~:equiz~ents. Leal costs for tbs ~11 be charged m thc App~cam. FAX NO, ATIAOHi~Ei~I#~ REPORT # PD._~_~--o_~ .... DEVELOPMENT AI°PLICATION KEVIBW 12. 13. 14. 15. 16. 17, 19. ~h ~c CompariSon's ~9~ements ~nd spcd~c~dons. ~m A~p~cs~t ~ b~ mg~ed ~o ~nnt to the Color, don ~ ~u~d oc~p~don c~m~, ~eflism~cd on dde, ~ high v'olm~e cane. ~w volm~ ~ble ~d P~o= ~o oht~z~ ~ b~lSin~ pe~ ~e App~c~ sh~, by ~ceme~ con~ ~cccp~ce of ~e te~ ~nd con~Qons of pm~g etec~c~ ~:re crsnes or m~mr~ ha~ng eq~pm~nt or wo~ke=s must work in pro~ m ~zisfng over'head ~res, ~ ~e capab~ of contact or co~ng ~h~ ~e h~ of apptoad~ ~c developer/b~dcr sh~ll Bay ~ costs for ~c tcmpor~ relocation, b~, ox pxotccdon of the ~e$~ ox other scion deemed aec~ss~ by V~fi~m pro,de for ~rkcr ~af~ and ~e ~ccug~ of ~e electrlc~ L~dseap~g, ~pccific~y ~ees md ~hmbs, sho~dd be r~loca~d away Lam the Coepo~aEon's to avoid inteff~m~ee ~th cq~pmmt access and fu~e grm~. ~psid~d ~ppc~co of ~ees from may result. W~ nat at,nd scheduled Ciq, of Picke~g DAKT Mee~tg ~or this dev~opmcnt. VeniSon Connections has no ubjecdon to thc proposed development. Please i~wrd ~ copy of first sub~sion ~v~ desi~ so rh~t VellUm Connec~ons may pr~paze ns :l~cthc~I dcsi~ ~nd an Offer to Se~'iee. Electdcai dra~ngs are req~cd (3/6) mon~s prior to ~ecmcal servi~g fill of ~e above cantharis of sclC: ~e subject to Our~o ~c~' Bo~d (O~) ~pptoval. Tcchmcal Representative - Day= Bell Telephone 42%9870 .~xt, Fotwa #]EC0002 R. cv. Date -July 20, 2004 Romanowski, Geoff From: Geoff. Woods@cn.ca Sent: March 18, 2005 12:53 PM To: Romanowski, Geoff Cc: Julius De Ruyter Subject: Re: 1741 Fairport Road, Picketing Geoff: We continue to strongly recommend an increased building setback from the railway right-of-way, as we feel it is in the public interest and good planning to provide appropriate increased buffering from major rail freight corridors and to reduce the potential for future proximity conflicts. The City and developer should only proceed with the subject proposed development layout with a setback of only 21.9 m, with their explicit understanding and recognition of the concerns that CN has expressed and that CN will not be responsible for any complaints or claims from future residents. At a minimum, should the City and developer insist on proceeding with the proposed development layout, the following will be required: 1 - An appropriate legal agreement between the property owner and CN, including provisions for an environmental easement for operational noise and vibration emissions. 2 - The MOE noise criterion, including 55 dBA in the OLAs, must be met for all units. 3 - A minimum 3.4 m berm height must be provided along the entire property line. Any alternatives, such as combination berms/armourstone, would need to be designed in accordance with the alternative safety measures criteria previously provided, and CN would need to be satisfied with the structural engineer's recommendations. 4 - Appropriate warning clauses a registered municipal development agreement and in all future agreements of purchase and sale or lease for all units. 5 - Minimum 1.83 m chain link fencing provided along the mutual property line (located entirely on the subject property). With respect to implementation mechanisms, once I receive the City's acknowledgement and confirmation of my comments as noted above, I will have a draft legal agreement prepared and sent to Julius. There must be appropriate provisions included in the zoning by-law amendment ensure that the requirements are secured prior to any development. Regards, Development Review Coordinator CN Railway Properties I Administration Road Concord ON L4K 1B9 Tel.: 905-760-5007, Fax: 905-760:5010 Januaw 4,2005 To: From: Subject: ~TT~,CHMEN7 ~_ 7 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Geoff Romanowski Planner I Robert Starr Supervisor, Development Control Zoning Amendment Application A 15/04 R & D Investments Inc. Lot 126, Plan 1051 (1741 Fairport Road) City of Pickering O33 We have reviewed the above-noted application and provide the following comments: 1) 2) 3) 4) 5) A stormwater management report will be required for this site. It must address quality control, quantity control and downstream erosion control. Storm sewer service connections will be required for each unit. 6) The proposed private drive aisle must be 6.5 m in width and allow for two-way traffic. The access onto Dunbarton Road is insufficient in width to provide a suitable entrance or to provide a suitable traffic restriction to ensure one-way access. Additional grading information would be required to determine whether it would even be suitable for an emergency access and be able to stay within the property limits. Grading and drainage for this site must be able to accommodate existing drainage from the properties to the north and west. Future maintenance of the berm and noise attenuation fence will need to be addressed. A development agreement may be required to address works external to the site and for cost contribution to Fairport Road / Strouds Lane traffic signals. The City of Pickering's Fill & Topsoil Disturbance By-law prohibits soil disturbance, removal or importation to the site unless a permit has been issued. A copy of that By-law is attached and should be forwarded to the applicant. RS:bg Attachment Robert Starr Copy: Coordinator, Development Approvals Development Control Inspector 040 Fire Department comments Dated: Further Comments Fire Department · Representative The Picketing Fire Service cannot support the applicant's proposal for the 5.0 m Private Driveway (One Way) through the south side of the property for emergency vehicle access. Therefore, is requesting that the roadway be constructed to meet the requirements of Ontario Building 3,2.5.6. (Access Route Design) (1) (a) (b) (c) (d) (e) (g).. Additionally the Pickering Fire Service reserves the · opportunity to reserve further comment on this site until all the site servicing (municipal/private water mains and hydrant locations) is provided for further review. November 29, 2004, Revision date: Tuesday, April 26, 2005 Geoff, based on our discussion of April 25, 2005 the writer forwards the following for your consideration. The Pickering Fire Service requires the applicant to provide a drawing(s) beating an engineers stamp indicating how the requirements of Ontario Building Code 3.2.5.6. '(Access Route Design) are provided. In the latest submissions the applicant has increased the minimum roadway width to 6 meters, which is acceptable. However, there is no detail on the latest revision for this site, therefore the Walter has attached the details from the building code as a reference for the applicant. The next set of revisions should be returned bearing engineers seal indicating how the provisions of the code are met. The roadway serving the site should have "fire route signs" along the southern portion of the road in compliance with existing "tire r0._ut_e_~_~y-law~. The Picketing Fire Service requests that an additional hydrant be installed on south side of the site north of the proposed 3.4 m berm, between units # 4 and # 5 having a minimum flow of water not less than 500 imperial gallons per minute. ' Rex Heath Fire Prevention Officer RECOMMENDATION OF THE EXECUTIVE COMMITTEE 04i DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 12/04 be APPROVED, to rezone the subject property from "R3" to "R4" zone in order to permit the development of four residential lots on lands being Part of Lot 33, Plan 228, City of Pickering, submitted by I. Cot on behalf of A. & N. Ford; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 12/04, as set out in Appendix I to Report PD 17-05, be FORWARDED to City Council for enactment. 04 : PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 17-05 Date: May 6, 2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 12/04 Alan & Nancy Ford 1465 Altona Road Part of Lot 33, Plan 228 City of Picketing Recommendation: That Zoning By-law Amendment Application A 12/04 be APPROVED to rezone the subject property from "R3" to "R4" zone in order to permit the development of four residential lots on lands being Part of Lot 33, Plan 228, City of Pickering, submitted by I. Cot on behalf of A. & N. Ford. That the amending zoning by-law to implement Zoning By-law Amendment Application A 12/04, as set out in Appendix I to Report PD 17-05, be FORWARDED to City Council for enactment. Executive Summary: The subject property, which currently supports a detached dwelling, is located on the northeast corner of Altona Road and Rougemount Drive in the Rougemount Neighbourhood (see Location Map, Attachment #1). The subject property is surrounded by similar detached residential developments and Elizabeth B. Phin Public School to the south across Rougemount Drive. The applicant requests to rezone the subject property from "R3" to "R4" to facilitate severance applications for four lots fronting Rougemount Drive, each with minimum frontage of 15.0 metres (see Applicant's Submitted Plan, Attachment #2). The proposal represents appropriate development that is compatible with the surrounding neighbourhood, conforms to the Pickering Official Plan, and does not impose adverse impacts on the local traffic or the safety of children. It is recommended that this application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Report PD 17-05 Subject: A. & N. Ford (A 12/04) Date: May 6,2005 Page 2 043 Background: 1,0 Comments Received 1.1 Before and at the November 18, 2004 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) adjacent property owner to the north (1469 Altona Road) property owners on the east side of Altona Road north of the subject property (1469 - 1495 Altona Road) concerned about children's safety, number of new driveways, drainage, damage of trees, septic system, etc.; concerned about children's safety, loss of potential rear lot development of their properties; 1.2 1.3 Following the Information Meeting - residents on the east side of AItona Road north of Rougemount Drive continued to express opposition to this application and propose that a municipal road be introduced through the subject lands to the rear of their properties (see Residents' Proposal, Attachment # 6); - City staff and City Councillor - Ward 1 met with area residents at various meetings to discuss the development potential of the area- staff has determined that a municipal road on the subject property is neither required or appropriate; City Department and Agency Comments Fire Services Development Control Veridian Connections Regional Municipality of Durham Durham District School Board - no objections; - no objections (see Attachment #8); - the submitted noise study and grading plan is satisfactory; - a tree preservation plan will be required through severance applications; - no objections (see Attachment #9); - no objections, but a noise study will be required to address noise impacts from Altona Road when land severances applications are submitted (see Attachment #10); - no objections (see Attachment #11). 0 '~[ ~ Report PD 17-05 Subject: A. & N. Ford (A 12/04) Date: May 6, 2005 Page 3 2.0 2.1 2.2 2.3 Discussion Residents' request for the introduction of a road through the subject property is not supported Residents' request for an alternative development pattern to further develop the rear of their properties was considered by staff. Residents on the east side of Altona Road north of the subject property proposed that a new municipal road be introduced through the subject property to facilitate future development of their properties (see Attachment #6). Municipal Property & Engineering does not support a municipal road at this location due to its proximity to the intersection of Altona Road/Rougemount Drive and the existing entrances to Elizabeth B. Phin Public School (see Attachment #7). Planning staff has advised the residents that the best opportunity to further develop their properties is through land assembly with a private road to provide access from Altona Road, Sheppard Avenue, or further east on Rougemount Drive. Residents' concerns have been addressed The adjacent property owners to the north expressed concerns respecting possible adverse impacts that the proposed development might have on their property, such as drainage, trees, septic system, and the height of the dwellings (see Attachment #5). A preliminary grading and drainage plan in conjunction with a noise study was required. Development Control Staff advise that the plans and study are satisfactory. The noise study recommends a noise attenuation fence along a portion of the north and west lot lines of the proposed corner lot. Some tree removal is needed to construct the fence and a tree preservation plan will be required at the land severance stage. To address building height concern, it is recommended that a maximum height restriction of 9.0 metres be included in the amending by-law (see Appendix I- Draft Implementing By-law). The proposed development is compatible with existing developments The subject property is surrounded by detached dwellings. Compatibility can be addressed through imposing similar zoning standards in the amending by-law (see Appendix I - Draft Implementing By-law). Lot Frontage City Council has approved lot frontages of 15.0 metres on properties along Rougemount Drive over the past several years. The introduction of 15.0 metre lot frontages has occurred without negatively impacting the streetscape or character of the neighbourhood. Dwellinq Height & Garaqe Projection The zoning on the properties east of the subject lands establishes a maximum building height of 9.0 metres and a maximum garage projection of 2.0 metres. In order to keep a cohesive streetscape, it is recommended that the amending by-law include these same restrictions, in addition to the typical "R4" zoning requirements. Report PD 17-05 Subject: A. & N. Ford (A 12/04) Date: May 6, 2005 Page 4 O45 2.4 2.5 2.6 2.7 Flankaqe Side Yard Width The applicant desires to construct a porch attached to the flankage side (facing Altona Road) of the dwelling on the proposed corner lot. It is recommended that the amending by-law allow a maximum of 1.5 metre porch projection into the required flankage side yard width to incorporate the design of the porch. This provision is the same standard applied to the properties across Altona Road (e.g. southwest and northwest corner of Altona Road/Littleford Street). No adverse impact is anticipated on the functioning of Elizabeth B. Pin Public School or the safety of the students The existing sidewalk extends along the south side of Rougemount Drive. Therefore, the new driveways on the proposed four lots would not interfere with the existing sidewalk system. Durham District School Board expressed no concern about the safety and the drop-off and pick-up of the students attending Elizabeth B Pin Public School. No adverse impact is anticipated on the functioning of the traffic calming islands or the local traffic One of the existing traffic calming measures on Rougemount Drive is located at the east end of the subject property, but it does not jeopardize the applicant's proposal. City traffic staff do not anticipate any adverse impact on local traffic as a result of four lots being developed. All development issues concerning the City will be addressed through proper zoning standards and conditions of land severance approval Through the submission of severance applications LD96/05 to LD98/05, the applicant proposes to sever the subject property for the development of four detached dwellings fronting Rougemount Drive. To ensure appropriate development of the proposed lots, all requirements of the City will be included as conditions of approval for the land severance applications. One condition will be that the associated rezoning application be approved and amending zoning by-law be enacted. Other conditions will address matters such as, but not limited to, grading and drainage, reserve along Altona road frontage, noise attenuation, utilities, architectural design, tree preservation, parkland dedication, driveway location, service connections, securities and costs sharing. The City's interests can be appropriately addressed and protected through the amending by-law and the conditions of land severance approval. By-law to be forwarded to Councii The attached by-law, included as Appendix I to this report, implements staff's recommendation to approve the requested "R4" residential zoning with additional requirements on building height, garage projection, and flankage side yard width. It is recommended that the attached by-law be forwarded to Council for enactment. 04B Report PD 17-05 Subject: A. & N. Ford (A 12/04) Date: April 29, 2005 Page 5 3.0 Applicant's Comments The applicant concurs with the recommendations of this report. Appendix: Appendix I: Draft Implementing By-law Attachments: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Location Map Applicant's Submitted Plan Text of Information Report No. 17-04 Minutes from Statutory Public Meeting Lorne Hewie's Letter, dated November 16, 2004 Residents' Proposal Comments received from Municipal Property & Engineering Comments received from Development Control Comments received from the Veridian Connections Comments received from the Region of Durham Comments received from the Durham District School Board Prepared By: Joyce Yeh Planner I Approved / Endorsed By: N ei I' c-a rro I~1 .P//R.P P Director, PIb. Qcdg & Development Lynda Taylorl MCIP, RPP / Manager, Development Review JY:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Th~S J. ~uin~,,~hief A~nistrativ~ff~¢er / APPENDIX I TO REPORT PD 17-05 04'i DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 12/04 043 THE CORPORATION OF THE CITY OF PICKE~,G~ ,~ Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 33, Plan 228, in the City of Pickering. (A 12/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject property, being Part of Lot 33, Plan 228, in order to permit the creation of four lots for detached dwellings; 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: 1. SCHEDULE 'T' AMENDMENT Schedule 'T' to By-law 3036, is hereby amended by changing the current "R3" zoning designation to "R4" as shown on Schedule 'T' attached thereto. TEXT AMENDMENT Section 10 - Residential Detached Dwelling Zone - R4 is hereby amended by adding the following subsection after subsection 10.3.9: 10.3.10 Part of Lot 33, Plan 228 Despite the height requirement provision of Subsection 5.9, the yard requirement provision of Subsection 5.22, and the corner lot provision of Subsection 6.4 of this By-law, where any lot having frontage on Rougemount Drive on lands known as Part of Lot 33, Plan 228 in the City of Pickering, is used for a detached dwelling, the following provisions shall apply: (a) Dwelling Height (maximum): 9.0 metres; (b) Flankage Side Yard Width (minimum): 4.5 metres; (c) No part of any attached private garage shall extend more than 2.0 metres beyond the front wall of the dwelling to which it is attached; (d) Despite (b) above, where a single-storey, covered and unenclosed verandah or porch having no habitable space above it is attached to the flankage side of a dwellling unit, such verandah or porch may extend a maximum of 1.5 metres into the required minimum flankage side yard width; 3. BY-LAW 3036 By-law 3036 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 and 2 above. 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. 4. 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 ,2005. day of David Ryan, Mayor Bruce Taylor, Clerk O49 SCHEDULE T TO BY-LAW PASSED THIS DAY OF MAYOR 2OO5 CLERK # . TO REPORI t¢ PD / '~- C' ( ' I ~WSON STRE~ -4 G %.~ (( ~ / ' .... C.N.R. <} C.N.R. ~YN RIVERS DRIVE TWYN RIVERS DRIVE LI~LEFORD ~ ~ ~ ~ ~~~~ ~~ ,,, ~ .... ~~ HO0 ~~ FIDDLERS . ~TOMLINSON CRT, ~ ' .... '1 Z ~N ~ Z ~ City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION PART LOT 33, P~N 228 ~ OWNER A. & N. FORD ~ DATE OCT; 18, 2004 ~ DRAWN BY dB ' FILE No. A 12/04 ' SCALE 1:5000 CHECKED BY JY FOR DEPARTMENT USE ONLY PN-5 . PA- 05i INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 12/04 -A. & N, FORD EXISTING FRAME HOUSE 0 n~ Z 0 EXISTING FRAME HOUSE PROPC LOT SED PROPOSED 1 PROPOSED PROPOSED H LOT #2 LOT #3 LOT #4 .! FRAME ~ I SHED · ~ 2 STOREY ;ONCRETE oo FRAME J SLAB HOUSE ~ (,3 ii ~,~L_~'~ >~ 16.424m ~. ,~ ...... 16.424m I~ ~ 15.Om ROUGEMOUNT DRIVE THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT 13, 2004. REPOR'I # PD,,, ,/'/" 0 ,,~' PICKERING INFORMATION REPORT NO. 17-04 FOR PUBLIC INFORMATION MEETING OF November 18, 2004 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 12/04 Alan & Nancy Ford 1465 Altona Road Part of Lot 33, Plan 228 City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the north-east corner of Altona Road and Rougemount Drive (see Attachment #1- Location Map); Rougemount Drive contains islands for traffic calming purposes, one of which begins at the east end of the subject property; the subject property is approximately 1980 square metres (0.19 ha)in area; the subject lands are surrounded by detached residential developments and Elizabeth B. Phin Public School to the south; the subject property currently supports a detached dwelling constructed in the 1940's; it appears that the subject lot is well treed. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject property from "R3" to "R4" to permit four residential lots with minimum frontage of 15metres and minimum area of 460 square metres, fronting onto Rougemount Drive (see Attachment #2- Applicant's Conceptual Site Plan); no associated severance application has been submitted to the Region of Durham Land Division Committee. Information Report No. 17-04 ATTACHMENT # ',~._.,~-..., TO r¥~OR~ # PD / "7' ~ Page 2 0,.~ 3 3.0 3.1 3,2 3.3 4.0 4.1 4.2 OFFICIAL PLAN AND ZONING Durham Regional Official Plan - the Durham Regional Official Plan identifies the subject lands as being within the Urban Areas - Living Area designation, where development is intended to be predominately for housing purposes; - the applicant's proposal appears to conform with this designation; Pickering Official Plan - the subject property is designated Urban Residential- Low Density Area within the Rougemount Neighbourhood; - the permitted density for this designation is up to and including 30 dwellings per net hectare; - Altona Road is under Regional jurisdiction and is a Type B Arterial Road; - Type B Arterial Roads are designed to carry moderate volumes of traffic at moderate speeds and have some access restrictions; - Rougemount Drive is a Collector Road which provides access to individual properties; - the applicant's proposal (approximately 21 dwellings per net hectare) conforms to the applicable Official Plan policies; Zoning By-law 3036 the subject property is currently zoned "R3" - Detached Residential Dwelling Zone, by Zoning By-law 3036, as amended; R3 zone requires a minimum frontage of 18 metres and minimum area of 550 square metres; an amendment to the zoning by-law is required to permit the establishment of four residential lots with minimum frontage of 15 metres and minimum area of 460 square metres. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Agency Comments - no agency comments have been received to date; 054 Information Report No. 17-04 Page 3 4.3 5.0 6.0 6.1 Staff Comments Fire Services - no objection; MuniCipal Property and Engineering - the driveway on the furthest east lot (Proposed Lot #4) must run along the west lot line as the island on Rougemount Drive obstructs the east side of this lot; in reviewing the application to date, planning staff has identified the following matters for further review and considerations: · ensuring the proposed lot sizes are sufficient to accommodate the location and built form of dwellings, which are sensitive to the exiting neighbourhood and its character; · assessing the needs for tree preservation on the subject lands - a tree inventory may be required · evaluating the impact that four new driveways may have on the functioning of the school and the safety of the students. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk; OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Report No. 17-04 ~.Tt'AGHMEN7 #, ~ TO RE'i:'OR7 # PD,__ / 7- 0 ~" ......... Page 4 0 5 5 6.2 Information Received - copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; 6.3 Company Principal - this Zoning By-law amendment application was submitted by Igor Cot. ORI01NAL SIGNED P v ORIGINAL SIGNED BY Joyce Yeh Planner I Lynda Taylor, MCIP, RPP Manager, Development Review JY:jf Attachments Copy: Director, Planning & Development 058 APPENDIX NO. I TO INFORMATION REPORT NO. 17-04 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) (2) Fire Services Municipal Property and Engineering : ;-:'; : *:. Z77o 5 Excerpts from Statutory Public Information Meeting Thursday, November 18, 2004 7:00 P.M. 057 The Principal Planner, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. ZONING BY-LAW AMENDMENT APPLICATION A 12/04 ALAN & NANCY FORD 1465 ALTONA ROAD PART OF LOT 33, PLAN 228 Joyce Yeh, Planner I, provided an overview of property location, applicant's proposal and City's official plan policies pertaining to this site, as outlined in Information Report #17/04. 2. Igor Cot, Ascot Homes, agent for applicant, advised that he was present to answer questions. o Lorne Hewie, 1471 & 1469 Altona Road, directly north of the proposed development, advised that these homes will back onto his property seriously affecting his privacy. The height, drainage, closeness to school, affect on children and the construction affecting the roots of 70 year old trees are of concern. He suggested that the homes be bungalows and the road be put through. Deborah Hewie, 1471 Altona Road, does not feel that the existing homeowners were given consideration when this development was being planned. She stated her concern with being restricted and unable to develop their own land. She requested that this plan be denied. ° Jim Calian, 1483 Altona Road, requested time to discuss this application with the developer either in a formal or informal meeting and look for a way to reduce the strain on Altona Road. 6. Ronald Eaton, 1475 AItona Road, advised that he owns a large lot and is concerned that it will be landlocked and, therefore, unable to be developed. Bob Gummow, 121 Twyn Rivers Drive, questioned if AItona Road will be widened and has part of lot one been given to the Region of Durham for the planned widening. This is not the area for high density nor for four new driveways so close to the school. He stated that three of the lots are below the square metre requirement and do not conform to the current R3 zone. He questioned why the neighbourhood is being desecrated for someone to make more money. 053 ',':;;. ,}~:~'~ ~: i:'L,__Z 7-¢L~ ....... Excerpts from Statutory Public Information Meeting Thursday, November 18, 2004 7:00 P.M. o Joyce Yeh, Planner I, responded to Mr. Gummow by advising that the Region of Durham intends to double the width of Altona Road as well as install a sidewalk. She further advised that she observed the traffic at the school, which did not appear to be a problem but she is still waiting for the report from traffic staff. Marianne Callan, 1483 Altona Road, responded to Joyce's comments on traffic by advising that parents were advised to avoid the traffic circle in front of the school due to traffic concerns and that new lights have been installed and the crossing guard is still required. She stated her desire for everyone to work together to develop these lands appropriately. 10. Igor Cot, Ascot Homes, agent for applicant, advised that his clients are looking to improve the area and conform with what has already been built and also to save and preserve the trees. 11/15/2004 12:48 Millpond Graphics Inc. 52 West Beaver Creek Road Suite 4 Richmond Hill Ontario L'ziB ~L9 Tel. (905) 709-9969 Fax. (905) 709-9588 E-mail: ! millpond.@allstr earn.ne1 985-789-9588 LEGACY SALES GROUP PAGE 01/81 ~~ ~ DEPARTM~T AwrAOHMEiL?r #~,TO REPOR'f # PD - o ~.. ........ -including the Fords property ( approx.. 19 hectares / .47 acres) and also all of the adjacent concemed neighbours, I see approx. 2.02 to 2.23 hectares ( 5 to 5 ½ acres) of easy accessible property for development. Presently this area has a total of 6 family dwellings. -not including interior road allowances etc., and staying within the City's official plan designation 'urban residential - low density Rougemount neighborhood, this area represents 60 to 67 homes based on maximum density of 30 dwellings per net hectare. -using the applicants (The Fords) proposal, this area represents 42 to 46 homes based on the density of 21 dwellings per net hectare. -I would like to suggest a small interior speed controlled interior road (see Attached), running north offRougemount, dividing up all the interior properties. New homes would then NOT have any driveways directly offRougemount or Attona Road. Fences could be built on the east side of Altona controlling pedestrian traffic and possibly surpressing traffic noise. -also, with two public schools within veD' close proximity to this area, possibly some smaller "starter" style homes could be part of the development mix. This would allow for some low to mid income families to walk their children safely to school, rather than adding to the traffic conjestion already in the area. This might mean some partial rezoning from low density to mid density. It also would mean more property tax revenues for the City of Pickering. RECEIiVED N0 /2 5 2004 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT ¢S Sa/es r~ Millpond Graphics Inc. Lorne Hewie Cell: 416 346-2884 Res: 905 509-1998 TWYN RIVERS ./ DEPARTM_m~.;T ATTAE;HrvlENT # '""7 TO REPOR'I' ~' PD / '7 ,- 0 ..~ __ OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM 063 February 1,2005 To: Joyce Yeh Planner I From: Subject: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Zoning By-Law Amendment Application A12/04 Consideration for Municipal Road Rougemount Drive City of Picketing The Municipal Property & Engineering Division has been requested to review the above noted zoning by-law amendment application to create four building lots with frontage onto a proposed municipal road through the center of the subject property. Although this is not the applicants suggested patterning, apparently the surrounding landowners have requested comments on its feasibility. The Municipal Property & Engineering Division does not support the introduction of a municipal road through the subject property for the following reasons. 1) The centerline of the proposed road would be only 33 metres east of the Altona Road at Rougemount Drive intersection, and would not meet minimum spacing requirements for a Regional intersection. 2) The location of the road, directly across from the elementary school introduces many potential vehicular/pedestrian conflicts that are not desirable. 3) Traffic volumes and patterns, especially during am and pm school peak periods would result in a blocked intersection causing delays to users of the proposed road and general congestion in the vicinity. 4) The existence of the traffic calming measures on Rougemount Drive is far enough to the east end of the property such that it does not create an impact on either the applicant's proposal or the suggested road. Zoning By-Law Amendment Application AI~0~ ~ . /'Z:c>:~ ..... February 1,2005 Page 2 Should you have any questions regarding these comments or require any further information, please do not hesitate to contact me. R,j~Zhard H~lb,~n, P. Eng ~_]vision Head, Municipal Property & Engineering RH:ko Copy: (Acting) Chief Administrative Officer Supervisor, Engineering & Capital Works Coordinator, Traffic Engineering PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 0 O 5 April 22, 2005 To: From: Subject: Joyce Yeh Planner I Robert Starr Supervisor, Development Control Zoning By-law Amendment Application A12/04 Alan & Nancy Ford 1465 AItona Road Part Lot 33, Plan 228 City of Pickering We are in receipt of the preliminary grading plan and the draft noise report for the above-noted development and find them to be satisfactory. We have attached a copy of each for your files. Since proposed grading has minimal changes to the existing grades, tree preservation can be reviewed during the land division process. Robert Starr RS:bg Attachments Copy: Coordinator, Development Approvals Development Control Inspector VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW ATTACHMENT #~TO ' REPORI' # PO / ~o 0.5" PROJECT NAME: Alan & Nancy Ford f ADDRI~$S/PLAN: 1465 ~maa Road ,, ~NICIP~I~; P~k~g REF. NO.; A 12/04 SUBMISSION DATE: Octob=r 25, 2004 1, ~ec~c Semce ~ a~lab~ ~ ~e mad allomce 'touc~g thi~ pzop~. Se~g ~ bc ~m Ken. mount Drive. .An expansion of the Corporation's plant is required on the road allowance in re:der to service this project, Thi~ will underground. 3 Individual metering for each uNr is required. 'Ire £ollowing standard foxed fee costs Mil apply (all figures axe appro~mate): Service Connecdma Fee $130,00 per mait A Construction Agreement must be signed with the Corporation in order to obtain sere/crag for fl:ds site, Legal costs will be charged to the Applicant, All work from thc pubic road ,'allowance to the sendce ent~:mxce and the metering arrangements must comply mt.h the Corpo:rafion's requJxements and s?ccificafioas, Prior to obt,.fining a buildlng permit, the Apphcmt shall by agreemea~t, confirm acceptance oft. he tomos and con/l/dons of'providing electrical s=rvice. \¥maere cranes or matexial handling eqruipmenr or workers mu~t wotk in proximh5, to exisdrtg overhead ,.vires, :dth the capabili'ey' of corn.act or ¢omiog ~'ithi.u thc limit~ o£approach, the developer/builder ~ha]l pay all costs £m: the rempmeary :relocation, hmd~l, or protection of tho wire~, or other actio: deemed necessary' by Velddim to provide £o~' wo:rker safety and tho ~ecu.dty of thc e]ec~cal system. Landscaping, sprcifically t~ees and shrabs, should be relocated aw~7 ~om thc Cnrpo~arion's trmsfonuer, axvitchg~ar, poleline to avoid interference ~rh equipm=at access, --, - 10. ~rtll not attend scheduJed City of Pkkeriag DAR2" Meeting for this developmm*t. 12. Vcfidiaa Coanec°donu has no objection to ~c proposed devflopment Plmse fomrd a copy of first sub~ssi~ dv~ design ~o that Vefidian Comle~ona may prcp~e ~ elec~e~ desi~ and m~ Offc~ m ge~cc. ~ee~cal fl~ ~e xeq~ed (3/6) m~s prior m dec.col ~e~c~g date. 13. Alt of the above conditions of ~:rvice are subject m Ontario Energy Board (OEB) approval, Technical Kepxesentafive - Fred Raininger Tdephone 42%9870 Ext 3255 November 18, 2004 R~.P~Ki # PD. The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 Emait: planning@ region.durham.on.ca www. region.durham.on.ca 't.L. Georgieff, MCIP, RPP ommissioner of Planning " Ser~,ic-e Excellence Communities" Joyce Yeh, Planner I · Planning & Development Department One the Esplanade Pickering, Ontario LlV 6K7 Dear Ms. Yeh: RECE-[VE D NOV I 9 200/ OITYOF PICKERING IF~NNING & DEVELOPMENT DEPARTMENT Re: Zoning Amendment ApPlication A 12/04 Applicants: Alan & Nancy Ford Location: Part Lot 32, Broken Front Concession Municipality: City of Pickering We have reviewed this application and the following comments are offered. The application proposes to rezone the subject property to facilitate the creation of four residential lots with minimum lot frontages of 15 metres. Durham Regional Official Plan The subject lands are designated "Living Area" in the Durham Regional Official Plan. Lands within this designation are to be. used predominantly for housing purposes. The proposal would be permitted by the policies of the Durham Regional Official Plan. The subject lands are adjacent to Altona Road (Regional 'Road No. 27), which is designated as a Type B arterial road and is to be designed to have a right-of-way width ranging from 30 to 36 metres. MUnicipal Servicinq Municipal water supply and sanitary sewer are available.to service the property. Requirements respecting the provision of Regional servi.ces for the proposed development, financial and otherwise, will be addressed through related land division applications. Provincial Plan Review Responsibilities 7'he application nas been screened in accordance with the provincial pian review responsibilities. Due to the property's location adjacent to Altona Road, a noise study prepared by a qualified consultant will be 100~,i Post Consumer 063 page 2 required to address noise impacts'from road traffic on the proposed residential uses. This study may be submitted for Regional review through the related land division applications. No further provincial interests appear:to be affeoted by the proposal. If you have any 'questions or require additional information, please call' me. Yours truly, Ray Davies., Planner Plan Implementation CUrrent Operations Branch Copy: Pete Castellan, Durham Region Works Department R:\rd~zoning\pickering a12-04.doc THE DURHAM DISTRICT SCHOOL BOARD Facilities Services 400 Taunton Road East WhJtby, Ontado LIR 2K6 Telephone: (905) 666-.5500 1-800-265-3968 Fax: (905) 666-64,39 December 7, 2004 Lome Hewie 1469 Altona Road Pickering, Ontario L1V 1M4 Dear Sir, RE: IRECE[IVED DEC ! 5 2007, CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Zoning By-law Amendment A12/04 1465 Altona Road City of Picketing Staff is in receipt of your letter dated December 2, 2004 regarding the above noted Zoning By-law amendment and your concerns regarding the traffic that the creation four homes may have. Currently, there are 2 vans and 3 school buses accessing the site in the morning and afternoon. The pupils that live in the immediate area of the school are "walk" pupils. However, we are aware that many pupils are driven to and fi'om school, causing the congestion that occurs around many schools. Most of om' elementary schools are located in areas with homes surrounding the site and with homes located directly across the road from the fi'ont of the school. There can be as many as 10 homes and driveways located directly across fi'om the front of a school. Through school organized "Kiss and Ride" programs and consideration of those driving pupils to and from school., the flow of the traffic can be maintained. Many of our schools utilize the Durham Region Police to assist in the creation of the "Kiss and Ride" progn'ams to help alleviate or reduce traffic congestion. As Rougemount Drive is a local road, maintained by the City, the City of Pickering will determine if the location of 4 residential driveways on the street is acceptable, and meets all transportation guidelines. The Durham District School Board will not be objecting to the subject Zoning By-law amendment. Yours truly, Christine N ancekivell P l ann er ~ack Ma.v. Tie, &qw;'intenden! qf'£ducation,,'Facilitiet Sera.'ices Bruce Taylor Ci(I, of Picketing RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 06/04 be APPROVED to permit the establishment of four dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by Glenda Winterstein, on the lands being the South Part of Lot 18, Concession 9, City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/01, as set out in Appendix I to Report PD 18-05, be FORWARDED to City Council for enactment. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 18-05 Date: May 6, 2005 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 06/01 Glenda Winterstein 5015 Brock Road (South Part of Lot 18, Concession 9) City of Pickering Recommendation: That Zoning By-law Amendment Application A 06/04 be.APPROVED to permit the establishment of four dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by Glenda Winterstein, on the lands being the South Part of Lot 18, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 06/01, as set out in Appendix I to Report PD 18-05, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests to amend the existing 'C2'- General Commercial Zone to legalize the use of five dwelling units in the existing building that also contains an existing commercial use. The subject property only has the capacity to service four dwelling units and the commercial use in terms of on-site sewage system. Therefore, the recommendation is for approval of four dwelling units and the commercial use in the existing building. This proposal represents appropriate development that complies with the Official Plan and is compatible with the character of the Hamlet. It is recommended that this application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 072 Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6,2005 Page 2 Background: 1.0 Application The subject property is located on the east side of Brock Road, north of Central Street in the Hamlet of Claremont. The subject property currently supports a combination of a one-storey and two-storey building, which contains a commercial use (hair salon), five apartment units, and a detached garage located in the rear yard (see Location Map and Applicant's Submitted Plans, Attachments #1 and #2). 2.0 Comments Received 2.1 At the May 16, 2002 Public Information Meeting No public spoke at the Public Information Meeting nor has the City received any written comments on the application. (see Text of Information Report and Meeting Minutes, Attachments #3 and #4). 2.2 City Department and Agency Comments The Durham District School Board Veridian Connections Region of Durham Planning Department Region of Durham Health Department - no objections no objections The proposal is permitted by the policies of the Durham Region Official Plan. The applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications but a noise study is required (see Attachment #5). The revised engineering report for the private sewage disposal system which is based on four residential units and a commercial unit is acceptable (see Attachment #6). 3.0 Discussion 3.1 The proposed development is compatible with surrounding uses The subject property is surrounded by a mixture of commercial and residential land uses. The property has existed as a mixed use multi-residential building for a number of years without adversely impacting on surrounding land uses. The subject property is designated Rural Settlement-Hamlet Commercial in the City's Official Plan which permits residential uses and encourages the establishment of a wider variety of housing. Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6, 2005 Page 3 O73 3.2 3.3 3.4 Sewage System is sufficient to support four apartment units Since the Public Information Meeting in 2002, the applicant has been working with Region of Durham Health Department and the City of Pickering to resolve the issue of an appropriate sewage system design. The applicant has submitted a report titled "Sewage System Design Winterstein Residence," by Jagger Hims Limited, dated February 2005, that indicates a sewage system design to accommodate the commercial use and four apartments can be implemented. The Region of Durham Health Department has advised that the proposed sewage system design can be implemented for the property containing the commercial use and four apartments. Noise impact is not a concern Noise from Durham Road No. 5 (Central Street) and Old Brock Road The Region of Durham Planning Department initially indicated a need for a noise study for this application. City staff have discussed the need for a noise study with Regional staff and have noted that a similar requirement was requested for a similar application for the property immediately to the north of the subject property. The noise study for the abutting property indicated that the noise from Durham Road No. 5 and Old Brock Road is acoustically insignificant and therefore no noise control measures were recommended. A noise study for the subject property is anticipated to conclude the same results, therefore, a noise study for the subject property is not considered necessary. Noise from the possible future airport The location of the subject property is beyond the existing and proposed Noise Exposure Forecast 25 Isoline (noise contour) published by Transport Canada, which means that it is outside of the area anticipated to be affected by aircraft noise. Therefore, the potential noise impact of a possible future airport would not appear to have any negative implication on this application. A total of six parking spaces can be provided on site The subject property currently supports six parking spaces on-site. Standard City by-law provisions would require parking at a ratio of 1.25 parking spaces per bachelor or one bedroom dwelling unit and 1.75 parking spaces per dwelling unit with more than one bedroom, plus the required parking for the commercial unit. Under these provisions, four apartments, (one two-bedroom and three one-bedroom), would require a total of 5.5 spaces and the commercial unit would require a total of 1.5 spaces, for a total of seven parking spaces. However, the subject property has supported this intensity of use for a number of years with six parking spaces on-site without reported concern. Consequently, it is considered acceptable to only require six parking spaces for the existing building that will contain the four dwelling units and the commercial unit that has limited floor space. 074 Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6, 2005 Page 4 3.5 3.6 3.7 4.0 One parking space should be designated for parking for physically handicapped persons, as per the requirements under Municipal Parking By-law 2359/87. The handicapped parking space should be designed to have proper signage, location, and accessibility. The number of dwelling units and size of commercial use to be limited to due to site constraints The uses on the subject property are constrained by both the availability of space for the private sewage system design and the availability of on-site parking. With the existing building located on the south side of the property the north side of the property is available for the private sewage system design and on-site parking. Both of these facilities are constrained with no ability to expand. Therefore, the amending zoning by-law should contain appropriate provisions that only allow uses that can be supported by these facilities. This includes limitinq the number of dwellinq units to four apartments and restrictinq the commercial floor space in the buildinq to 36 square metres. A site plan agreement is not required The subject property has existed in its current configuration a number of years. Given that no external changes to the structure are being proposed, and that no additional parking spaces are recommended for the approval of this application, a site plan agreement is not necessary. Draft By-law to be forwarded to Council The attached draft by-law, included as Appendix I to this report, implements staff's recommendation to approve the proposed residential use (four dwelling units) in addition to the permitted commercial uses, subject to a limit on the number of dwelling units, limit the commercial floor space and a requirement for off-street parking. It is recommended that the attached draft by-law be forwarded to Council for enactment. Applicant's Comments The applicant has been advised of the recommendations of this report and is aware that compliance will require removal of one unit. Report PD 18-05 Subject: Glenda Winterstein (A 06/01) Date: May 6,2005 Page 5 075 Appendix: Appendix I: Draft Implementing By-law Attachments: 2. 3. 4. 5. 6. Location Map Applicant's Submitted Plans Text of Information Report Minutes from Statutory Public Meeting Agency Comments - Region of Durham Planning Department Agency Comments - Region of Durham Health Department Prepared By: Ross Pym, MCIP, P Principal Planner- Development Review Approved / Endorsed By: NeirCarroll~?,/ RPP - Director, Planning & Development Lynda Taylor', MCIP, RPP-.~ '~ Manager, Development Review RP:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council '~hom~;,5: Q~in~-; 'Chief 8¢ministr~'ti~e¢ffic~r 070 APPENDIX I TO REPORT PD 18-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 06/01 OFT '. i i 'i FPICKERING THE CORPORATION BYLA ~'~J~ amended, to implement the Official Plan of the City of Picketing, Region of Durham on the South Part of Lot 18, Concession 9, in the City of Picketing. (A 06/01 ) WHEREAS the Council of The Corporation of the City of Picketing deems it desirable to permit a commercial use with four dwelling units on the subject lands, being South Part of Lot 18, Concession 9; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: TEXT AMENDMENT Section 9 - General Commercial Zone - C2 is hereby amended by adding the following subsection after subsection 9.3.3: 9.3.4 South Part of Lot 18, Concession 9 (5015 Brock Road) In addition to the uses permitted in Subsection 9.1, for the lands known as Part of Lot 2, Plan 12, in the City of Picketing a maximum of four (4) dwelling units are permitted within a single building along with any other permitted use, subject to the following provisions: (1) Where the building on Part of Lot 2, Plan 12, contains any dwelling units, the following provisions shall apply: (a) Parking Requirements: (i) A minimum of 6 parking spaces shall be provided for the existing building that contains 4 apartment dwelling units and one commercial unit. (ii) Clauses 5.19.2 b), d) and k) of By-law 3037, as amended, shall not apply to this property. (b) Floor Space (i) The maximum commercial floor space in a building that contains residential dwelling units is 36 square metres. 2. BY-LAW 3037 By-law 3037 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section I above. 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 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 ,2005. day of 07i David Ryan, Mayor Bruce Taylor, '~';~ rk 073 ATTACHMEN'I' f J ,,, TO REPOR'I' # PD CENTRAL LANE CjW of Pickering Planning & Development Department PROPERTY' DESCRIPTION PART OF LOT 18, CONCESSION 9; PART OF LOT 2, PLAN 12 OWNER G. WINTERSTEIN APPLICATION No. A 06/01 FOR DEPARTMENT USE ONLY PN-S10 PA- DATE JAN 14, 2001 SCALE 1:7'500 DRAWN By RC I ~ ' CHECKED BY 'J'B A~ACHMENI' ~ 2- TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 06/01 G. WINTERSTEIN 131 .Om LOT 2 EXISTING 1 STOREY FRAME STRUCTURE EXISTING 2 STOREY FRAME STRUCTURE EXISTING GARAGE (HEAVY TIMBER CONSTRUCTION) 132.4m LOT 1 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, APRIL 16, 2002, ATTACHMENT ~_ ~ TO INFORMATION REPORT NO. 13-02 FOR PUBLIC INFORMATION MEETING OF May 16, 2002 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 6/01 Glenda Winterstein South Part of Lot 18, Concession 9 Part of Lot 2, Plan 12 (5015 Brock Road) City of Picketing 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the east side of Brock Road, north of Central Street (see location map - Attachment # 1); the subject property currently supports a combination of a one storey and two storey building, which contains a hair salon and five apartment units, and a detached garage in the rear yard; the subject property is surrounded by a mixture of commercial mid residential land uses. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to permit the establishment of five residential apartment units in addition to the existing commercial uses. (see Applicant's Submitted Plan - Attachment #2) 3.0 3.1 OFFICIAL PLAN AND ZONING Durham Regional Official Plan the Durham Regional Official Plan identifies the subject lands as being within a 'Hamlet' designation, which permits a variety of housing types and commercial uses; the applicant's proposal appears to comply with this designation. 3.2 Pickering Official Plan the Pickering Official Plan identifies the subject property as being designated "Hamlet Commercial - Rural ttamlet" within the C]aremont and Area Settlement; the Claremont and Area Settlement is designated as being within the Oak Ridges Moraine as per Schedule III of the Official Plan, which requires development to be in accordance with Oak Ridges Moraine guidelines the 'Hamlet Conmaercial' designation permits the establishment of commercial, residential, community, and recreational uses; the Claremont and Area Settlement policies encourage the establishment of a wider variety of housing forms to accommodate the needs of young people and senior citizens; Information Report No. 13-02 ~.~T' A~HMENT #~T0 SEi'O?,7 # PD.. /~ '(~ Page 2 the Plan also encourages new development to enhance the range of housing choice in the settlement and to be innovative in relation to compact form, water usage and sewage disposal; the applicant's proposal appears to conform to the applicable Official Plan policies. 3.3 Zoning By-law the subject property is currently zoned "C2" - General Commercial Zone by By-law 3037, which permits the establishment of commercial uses; an amendment to the zoning by-law is required to permit the establishment of five residential apartments within the existing building. 4.0 4.1 4.2 RESULTS OF CIRCULATION Resident Comments no resident comments have been received to date; Agency Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the application to-date, the ~btlowing matters have been identified by staff fbr further review and consideration: · the compatibility with the surrounding lands and uses; the impacts of the five apartment units on the existing private sewage system; ° acceptability of the existing well to sen'ice additional uses; · examination of the existing on-site parking to detem~ine its suitability in serving five apartment units. · examination of the existing building and any zoning non-compliances, such as building setbacks, that may require technical amendments to the zoning by-law; · determination of the implications of any applicable policies of the Oak Ridges Moraine Conservation Plan. (The Oak Ridges Moraine guidelines are superceded by the Oak Ridges Moraine Conservation Plan, Regulation 140/02, passed by the Ministry of Municipal Affairs and Housing on April 22, 2002). 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all conm~ents received will be noted and used as input in a Recommendation Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Counci?s decision, you must provide comments to the City before Council adopts any by-law for this proposal; ~f you wish to be notified of Council's decision regarding this proposal, you must request such m writing to the City Clerk. Information Report No. 13-02 ATTAOHMENI' #, ~ ~TO ~-uR'[ ~ PD ._/'~ "O~5> Page 3 6.0 OTHER INFORMATION 6.1 Appendix I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; ORIGINAL $IGIql~ BY ORIGINAL SION1BI} ~ Tyler Barnett Planner II CXg/td Attachments Copy: Director, Planning &Developmcnt Lynda D. Taylor MCIP RPP Manager, Development Review ~,?I'ACHMEN'J' REPORT APPENDIX I TO ]/VFORMATION REPORT NO. 13-02 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (I) none received to date; COMMENTING CITY DEPARTMENTS (1) Planning & Development Department; PICKERING /4rTACHMENT# - -.~ TO REPORI' ~/PD__/~ '~, ..... Excerpts from Statutory Public Information Meeting Minutes pursuant to the Planning Act Thursday, May 16, 2002 7:00 P.M. The Manager, Development Review, provided an overview of the requirements, of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (III) ZONING BY-LAW AMENDMENT APPLICATION A 06/01 GLENDA WINTERSTEIN SOUTH PART OF LOT 18, CONCESSION 9 PART OF LOT 2, PLAN 12 (5015 BROCK ROAD) ° Lynda Taylor, Manager, Development Review, on behalf of Tyler Barnett, Planner II, provided an explanation of the application, as outlined in haformation Report #13-02. Danny Pettit, Box 5137, Claremont, speaking on behalf of the applicant, stated that they have solutions to some of the issues. (IV) ADJOURNMENT The meeting adjourned at 8:09 p.m. ; The Regional Munici pallty of Durham Planning .Departmeni 1615 DUNDAS'ST, E. 4TH FLOOR, LANG TOWER WEST BUILDING' P.O. BOX 623 WHITBY ON Llhi 6A3 (905) 728-7731 FAX: (905) 436-6612 ~,ww. region .durham .on .ca A.L. Georgieff, I~lOIP, RPP Commissioner of Plaqning oERtqCE EXCELLENCE for our COMMUNITY" A~ACHMEN"/' # 5--._T0 June 3,2002 Tyler Barnett, Planner II Planning & Development Department One the Esplanade Pickering, Ontario L1V 6K7 085 RECE. VED JUN-,'6 2002. CIT,Y OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT Dear Mr. Barnet't:. Re: ' Zoning Amendment.Application, A 6/01 Applicant: Glenda Winterstein Location: South Part of. Lot 18, Co.ncession 9 Municipality: City of Pi. ckering We have reviewed this application and ,the following comments are offered with respect to compliance with the Oak Ridges Moraine ConServation Plan, the Durham Regional Official Plan, proposed method of servicing and delegated provincial plan revieW responsibilities. The purpose of the application is to amend the. existing commercial zoning of the subject property to permit the establishment of five residential apartment units in addition to the existing commercial uses. The subject property is designated. ".Rural Settlement - Countryside Area" in the Oak Ridges Moraine Conservation Plan. Residential development and small- scale commercial uses are permitted within this designation. The subject propertyis designated "Hamlet"in the Durham Regional Official Plan. Hamlets are to be developed in'harmony with surrounding uses and may - consist of a variety of housing types, employment areas, and commercial 'uses "that .meet the immediate needs of the residents of the. hamlets and the surrounding rural area. The Durham Region Health DePartment has reviewed the subject appliCation and offers the following comments: · it appears that the existing sewage disposal system is malfunction ng and undersized for the current use; the Durham Region Health Department does not have.a record of. issuing a permit to install a private sewage disposal system or a building addition .application to convert the original structure into a multi- residential/commercial use unit; the Durham Region Health Department has received an application to install a Class V private sewage disposal .SyStem (holding tark) for the subject property due to the malfunction; 100% Post Consumer Page .2 there is insufficient area present' on the subject lot to upgrade the existing Class iV sewage disposal system or install a replacement system to meet the Ontario Building Code for the current use. If the owner were to apply to change the use to commercial/residential based on the existing sewage disposal' system, the Durham Region Health: Department would'not be in a position to grant approval.as the system is underSized as per the Ontario. Building Code..The existing sewage disPosal system is malfunctioning and the only option available' to .the owner.(based on the current use),is to.install a Class V sewage disposal system. (holding tank). Part VIII 'of the Ontario Building Code allows Class-V sewage.systems to be installed bnly under the'following situations: "8.8.t .2(1). A Class V sewage system may be installed in the following circumstances, -a) where the proposed use of the sewage system is for the temporary operation, excluding seasonal recreation use, not exceeding 12 months in duration; b) to permit the extension of an existing single-family dwelling provided that i) the extension will not increase'the wastewater load, and ii) the building is already served by a Class V sewage system; c) to.remedy an unsafe sewage system where the remediation of the unsafe condition by'the installation of a Class V sewage system is impracticable; d) .to upgrade a sewage, system serving an existing building, where uPgrading through the use of a Class IV sewage sys. tem is not Possible due to lot size, site slo pe.or clearance limitations; or e) as an.interim measure .for a !ot'or Parcel .of land until municipal sewers am available, provided that the municipality undertakes to ensure the continued operation of an approved hauled sewage sYstem .until the. municipal sewer are available. If the unit were converted tO a "single unit", where the total daily sewage flow is dramatically reduced, there may be sufficient area present to install a · replacement Class IV sewage disposal system. A detailed Site investigation by a qualified individual/firm would be able to determine this. This application has been screened in accordance with 'the terms of the provincial plan review responsibilities. The subject site is in proximity to Regional Road 5, which is designated a Type-B .arterial road. A noise study will be required. Thi,s study is needed to ensure that the-proposed sensitive land Page 3 use is buffered to' avoid or satisfaCtorily mitigate the adverse effects Of noise. No further provincial interests appear to be affeoted. If you have any qUestions or require additional information, please call mb. Yours truly, Ray Davies, Planner Current CDperations Branch oc. Tom Saychuk, Durham Region Works Department Karl Kiproff, Durham. Region Health Department R:\t raining\rd~.oning\picked ng a6-01 .doc March 31, 2005 ATTACHMENT #~TO The Regional Municipality of Durham Health Department HEAD OFFICE SUITE 210 1615 DUNDAS ST. E. WHITBY ON L1N 2L1 CANADA 905-723-8521 Tor: 905-686-2740 1-800-8~-1-2729 ax: 905-723-6026 www. reglon.o urrlam.oiq.ca An Accredited City of Pickering Plam4ng and Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Attention: Mr. Ross Pym, MCIP, RPD Principal Planner - Development Review Dear Sir, Reference: Zoning Public Health Agency Please be advised that this Department has received and reviewed the engineering report by Jagger Hims Ltd. (File 031612.00) to replace the existing malfunctioning private sewage disposal system that services the above noted and offers the following for your consideration: (i) (ii) (iii) (iv) Due to the existing situation involving four residential Units and a commercial unit, there is insufficient area present on the lot to install a replacement sewage disposal.system that offers primary 'treatment (ie. Septic tank and leaching bed). The consulting engineer has proposed to utilize an "alternate type .system" that offers tertiary treatment. Since this type of system requires less area. there is sufficient 1and available on the lo~ 'to install this replacement system. This Department concurs with the enginem4ng report and the replacement Class IV sewage disposal system.proposed adheres to Part VIII (Sewage Systems) of the Ontario Building Code. If the City of Pickering allows the structure to remain in its present state, the owner must install the proposed alternate type system or a Class V System (holding tank). "Service Excellence fo/' our Communities" 100% Post Consumer Page Two City ofpiCketng AwrACH~VIEI~T March. 31, 2005 Once the owner submits an apPlication along with the appropriate fee, it will be processed and a building permit to install :a private sewage disposal system .'issued. Karl ~~c), ~ BASc, CHO~ Public Health Inspector Km/cm RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY ao That the Director, Planning & Development commence preliminary initiatives to change the name of a portion of Old Brock Road to Jenash Court and report back to Council following contact with affected residents; OR That the request of R. Hinchliffe to change the name of a portion of Old Brock Road to Jenash Court be refused. REPORT TO EXECUTIVE COMMITTEE Report Number: PD 19-05 Date: May 5, 2005 09 . From: Neil Carroll Director, Planning & Development Subject: Street Name Change Old Brock Road to Jenash Court File No. W2306.45 Recommendation: (a) That the Director, Planning & Development commence preliminary initiatives to change the name of a portion of Old Brock Road to Jenash Court and report back to Council following contact with affected residents; OR (b) That the request of R. Hinchliffe to change the name of a portion of Old Brock Road to Jenash Court be refused. Executive Summary: In 1986, Ronald Hinchliffe obtained consent for the development of five (5) lots fronting Old Brock Road in Claremont. One of the conditions of that severance was that he enter into an appropriate Development Agreement with the City respecting the upgrading, to municipal standards, of the portion of Old Brock Road fronting the newly created lots. Upon completing the road, R. Hinchliffe requested that the City initiate the process to change the name of that portion of Old Brock Road to Jenash Court (which name reflects a combination of his daughters' names Jennifer and Ashley) and while there is evidence in City records that his request was received, the matter has never been considered by Council. R. Hinchliffe has recently contacted the City to request that this matter be pursued. Accordingly, staff is seeking direction from Council as to whether to proceed with this matter. Financial Implications: Advertising Costs Installation of New Signage (approx.) Expenses to Residents ($100.00 x 5) Legal Disbursements Preparation of Reference Plan (approx.) TOTAL Community Page (Account 2320-2409) (Account 2611-2392) (Account 2610-2320) (Account 2611-2392) N/A $200.00 $5OO.OO $100.00 $2,ooo.oo $2,8OO.OO Report PD 19-05 Subject: Street Name Change Date: May 5, 2005 Page 2 Background: In 1986, Ronald Hinchliffe obtained consent for the development of five lots fronting Old Brock Road in Claremont. One of the conditions of that severance was that he enter into an appropriate Development Agreement with the City respecting the upgrading, to municipal standards, of the portion of Old Brock Road fronting the newly created lots. Upon completing the road, R. Hinchliffe requested that the City initiate the process to change the name of that portion of Old Brock Road to Jenash Court (which name reflects a combination of his daughters' names, Jennifer and Ashley) and while there is evidence in City records that his request was received, the matter has never been considered by Council. R. Hinchliffe has once again contacted the City requesting that this matter be pursued. His request has been circulated internally and to the Region and while there were no objections to the concept of changing the name, it was noted that the City's present practice does not support the use of 'proper names' for streets, unless they are of demonstrated historical significance. Should Council wish to further pursue renaming this portion of Old Brock Road to Jenash Court, staff would then contact the five residents affected by the name change advising them of the City's potential intent to. enact a by-law to rename the road fronting their property to Jenash Court (see Attachment #1 - Location Map). That correspondence would also advise each resident that the City would contribute up to $100.00 toward any expenses they may incur due to their municipal address changing (i.e. new home numbers, changing information on personal documentation, driver's licence, etc.). Staff would report back to Council with the results of our resident contact and seek direction respecting the enactment of the necessary by-law to formally change the name of this portion of Old Brock Road to Jenash Court. It should also be noted that in order to finalize this matter, a reference plan will be required to legally describe the boundaries of the portion of road that will be subject of the name change and new signage will be required once the name change by-law has been registered. The cost for preparation and registration of the reference plan is approximately $2,000.00. Other costs to implement the street name change are estimated at $800.00, which includes the new street name signage and address change expenses incurred by residents. This brings the total costs for this initiative to the City of approximately $2,800.00. Accordingly, staff is seeking direction as to whether or not Council wishes to pursue changing the name of the portion of Old Brock Road identified on the location map attached hereto. Should Council concur, staff is requesting that Council pass a Resolution authorizing the Director, Planning & Development to commence preliminary initiatives to have the subject portion of Old Brock Road renamed to Jenash Court and to report back to Council following contact with affected residents. Report PD 19-05 Subject: Street Name Change Date: May 5, 2005 Page 3 Attachment: 1. Location Map Prepared By: Denise ye, Coordinator Property & Development Services Approved / Endorsed By: Neil Carro~fp, RPP Director, Planning & Development DB Attachment Copy: Chief Administrative Officer Division Head, Municipal Property & Engineering Recommended for the consideration of Pickering City C,~.~un.~il mo'mas J. Q~nn, Chi~ Admir~'istr. ative/Offic.~r ~ ~'l ACH~E~,!! # .... J TO < 0 E~OVINGDON 0 0 i / 4850 I D. FOSTER City of PickgrinG Planning & Devglopment Dgpa~ment PROPER~ DESCRIPTION OLD BROCK ROAD NAME CHANGE TO JENASH COURT OWNER N/A DATE MAY 5, 2005 ] D~AWN BY FILE No. N/A SCALE N.T.S CHECKED BY DB RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report to Council CS 41-05 regarding alterations to the ward boundaries, be enacted; and That the alterations to the ward boundaries set out in Report CS 41-05 be accepted in principle and the draft by-law to implement the said alterations to the ward boundaries be referred to the Council Meeting of June 20, 2005 to provide the public with an opportunity to address the alterations in accordance with Section 222(2) of the Municipal Act, 2001; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 41-05 Date: May 13, 2005 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Ward Boundary Alterations Recommendation: 1. That Report CS 41-05 regarding alterations to the ward boundaries be received. That the alterations to the ward boundaries set out in Report CS 41-05 be accepted in principle and the draft by-law to implement the said alterations to the ward boundaries be referred to the Council Meeting of June 20, 2005 to provide the public with an opportunity to address the alterations in accordance with Section 222(2) of the Municipal Act, 2001. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: The purpose of this Report is to implement the minor alterations to the ward boundaries as directed by Council at the Management Forum Meeting of May 2, 2005. Financial Implications: Not applicable Background: At the IVianagement Forum Meeting of Ma).r 2, 2005, it was the consensus of Council that staff make minor alterations to the current ward boundaries to reflect changes in the urban boundary and to provide a reasonable realignment of the ward boundary in the area of Merritton Road. Report CS 41-05 Ward Boundary Changes May 13, 2005 Page 2 097 The northerly boundary between Wards I and 3 follows the hydro right-of-way between Fairport Road and Rosebank Road. This boundary was established in 1982 when the urban boundary of Pickering followed the hydro right-of-way. The urban boundary now follows the CP Rail right-of-way and it would be prudent to move the boundary between Wards 1 and 3 from the hydro right-of-way to the CP right-of-way. This will have the effect of moving 56 households that are located on Collingsbrook Court and CraighUrst Court from Ward 3 to Ward 1. The households located on these streets were constructed prior to the 2003 general municipal election and approximately 107 people were eligible to vote in that election. This ward boundary change will also have the effect of moving 149 households from Sunbird Trail from Ward 3 to Ward 1, however, this subdivision is still under construction and there were no voters from this street in the 2003 general municipal election. Attached is a map showing the ward boundary change. The ward boundary between Wards 1 and 2 in the area of Merritton Road runs along the northern limit of "Old Kingston Road" between Fairport Road and the CN right-of- way. The road allowance of "Old Kingston Road" between Fairport Road and Merritton Road has been closed and therefore the proposed car dealership will be partly in .Ward 1 and partly in Ward 2 and the few properties that are located along that short portion of Sheppard Avenue between Merritton Road and the CN right-of-way will be in Ward 2 if they are on the north side of the road and in Ward .1 if they are on the south side of the road. It would be prudent to move that ward boundary southward to Kingston Road so that all properties from Kingston Road between Fairport Road and the CN right-of- way northerly will be in Ward 2. Attached is a map showing the ward boundary change. Also attached is a by-law to implement these minor alterations to the ward boundaries. Section 222 of the Municipal Act, 2001, sets out the following procedures that must be followed to implement ward boundary changes: Section 222(2) states that before passing a by-law to implement alterations to ward boundaries, the municipality shall give notice of its intention to pass the by- law and hold at least one public meeting to consider the matter. If these ward boundary changes are accepted at the Executive Committee Meeting of May 23rd, 2005, ~ have recommended that the by-law be referred to the Council Meeting of June 20th, 2005 in order to give notice of the passing of the by-law. Within 15 days of passing the by-law, notice shall be given to the public of the passin~ of the by-law anc~ altowin~ 45 days to appeal the by-law to the Ontario Municipa~ Board. CORP0£27-07/0'[ Report CS 41-05 Ward Boundary Changes May 13, 2005 Page 3 These ward boundary alterations will come into effect for the 2006 general municipal election only if the by-law is passed before January 1, 2006 or if it has been appealed, the Ontario Municipal Board has issued an order respecting the ward boundary changes before January 1, 2006. Attachments: Map showing ward changes between Wards 1 and 3 Map showing ward changes between Wards I and 2 Draft by-law to implement ward boundary changes Prepared By: J~i~ce Taylor City Clerk Approved 1 Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. CORP0227-07/0t ATTACHPIENT#, i TO REPOB,T# ~..~. ~ q !'~ o %-- ~D~O CO~DoP' 3 CO~t~!DOR ,~09'° AVENUE LEGEND ---- EXISTING WARD BOUNDARY -"-" PROPOSED WARD BOUNDARY City of Pickering Planning & Development Department PROPERTY DESCRIPTION N/A OWNER N/A FILE No. PROPOSED WARD BOUNDARY CHANGES DATE SCALE MAY 11, 2005 DRAWN BY JB 1:10000 CHECKED BY BT PN-11/12 ATT^CHHENT #~_c~ TO P-,EPOP~T # c.~' ~ / ~ o 5"- ~ ~1~1 I ~ ~ J~ ~ ~ ~~=~~ M~ADO~ ----P~OPOSED WA~D BOUNDARY j ~-~' ~ City of Picketing Planning & Development Depa~ment P~OPE~ DESCRIPTION N/A OWNE~ N/A DATE MAY 11, 2005 j D~AWN BY FILE No. P~OPOSED WA~D BOUNDARY CHANGES SCALE ~:5000j CHECKED BY BT ATTACHNENT # ._TO REPORT THE CORPORATION OF THE OI'I'Y OF BY-LAW NO. Being a by-law to alter the wards within the City of Pickering. WHEREAS pursuant to Section 222(1) of the Municipal Act, S.O. 2001, c.25, as amended, a municipality may divide or redivide the municipality into wards or dissolve the existing wards; and NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The ward boundaries for The Corporation of the City of Picketing shall be as described in Schedule "A" hereto. 2. By-law Number 1426/82 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 20th day of June, 2005. David Ryan, Mayor Bruce Taylor, Clerk CORP0223-07/0~ 10i SCHEDULE"A" WARD ONE The boundaries of Ward One are described as follows: Commencing at the intersection of the northern limit of the Canadian National Railway right-of-way and the west boundary of the City of Picketing in Concession 1; Thence easterly in a straight line along the northern limit of the said right-of-way to the western limit of Rosebank Road; Thence northerly along the western limit of Rosebank Road to the southern limit of the Canadian Pacific Railway right-of-way; Thence easterly along the southern limit of the Canadian Pacific Railway right-of-way to the eastern limit of Fairport Road; Thence southerly along the eastem limit of Fairport Road to the northern limit of Kingston Road, (Highway #2); Thence eastedy along the northern limit of Kingston Road (Highway #2) to the southern limit of the Canadian National Railway right-of-way in Lot 26, Concession1; Thence easterly along the southern limit of the Canadian National Railway right-of-way to the western limit of the road allowance between Lots 24 and 25, Range, 3, BFC; Thence southerly along the western limit of the said road allowance to the north .limit of the western sand spit separating Frenchman's Bay from Lake Ontario; Thence easterly along the said north limit and proceeding around the easterly end of the said spit and thence westerly along the south limit of the said spit to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly in a straight line parallel to the west boundary of the City to the International Boundary between Canada and the United States of America; Thence westerly along the said International Boundary to the intersection of the west boundary of the City; Thence northerly along the west boundary of the City to the northern limit of the Canadian National Railway right-of-way in Concession 1. WARD TWO The boundaries of Ward Two are described as follows: Commencing at the intersection of the eastern limit of Fairport Road and the southern limit of the Canadian Pacific Railway right-of-way; Thence southerly along the eastern limit of Fairport Road to the northern limit of Kingston Road (Highway #2? Thence eastedy along the northern limit of Kingston Road (Highway #2) to the southern limit of the Canadian National Railway right-of-way in Lot 26, Concession1; Thence easterly along the southern limit of the Canadian National Railway right-of-way to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly along the western limit of the said road allowance to the north limit of the westem sand spit separating Frenchman's Bay from Lake Ontado; Thence eastedy along the said north limit and proceeding around the easterly end of the said spit, and thence westerly along the south limit of the said spit to the western limit of the road allowance between Lots 24 and 25, Range 3, BFC; Thence southerly in a straight line parallel to the west boundary of the City to the International Boundary between Canada and the United States of America; Thence easterly along the said International Boundary to the intersection of the east boundary of the City.; Thence northerly along the east boundary of the City to a point where the east boundary intersects the northern limit of Highway ~401; Thence westerly along the northern limit of Highway ~01 to its intersection with the western limit of Liverpool Road; Thence northerly along the western limit of Liverpool Road and the road allowance between Lots 22 and 23 to the southern limit of the Ontario-Gatineau Hydro Corridor; Thence westedy along the said southern limit to the eastern limit of Fairport Road. lOS WARD THREE The boundaries of Ward Three are described as follows: Commencing at the intersection of the northern limit of the Canadian National Railway right-of-way and the west boundary of the City of Pickering in Concession1; Thence easterly in a straight line along the northern limit of the said right-of-way to the western limit of Rosebank Road; Thence northerly along the western limit of Rosebank Road to the southern limit of the Canadian Pacific Railway right-of-way; Thence eastedy along the southern limit of the said Canadian Pacific Railway right-of- way to the eastern limit of Fairport Road; Thence southerly along the eastern limit of Fairport Road to the southern limit of the Ontado-Gatineau Hydro Corridor; Thence easterly along the southern limit of the Ontado-Gatineau Hydro Corddor to the western limit of the road allowance between Lots 22 and 23; Thence southerly along the western limit of the road allowance between Lots 22 and 23 and Liverpool Road to its intersection with the northern limit of Highway ~401; Thence easterly along the northern limit of Highway #401 to the east boundary of the City; Thence northerly along the east bounda~ of the City to the north boundary of the City; Thence westedy along the north boundary of the City to the west boundary of the City; Thence southerly along the west boundary of the City to its intersection with the northern limit of the Canadian National Railway right-of-way in Concession 1. 104 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 39-05 from the Director, Corporate Services & Treasurer concerning the Cash Position Report, be received for information. PiCKERi'N ( REPORT TO EXECUTIVE COMMITTEE Report Number: CS 39-05 Date: May 18, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Cash Position Report as at March 31,2005 Recommendation: It is recommended that Report CS 39-05 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: The attached schedules provide the City of Pickering's cash position, continuity of taxes receiVable, outstanding investments, development charges collected and other development contribution information for the three months ended March 31,2005, Financial Implications: The cash position of the Corporation for three months ended March 31, 2005 was a net decrease in cash of $4,077,864 to $3,935,643. Sources of Funds totalled $59,218,802 and Use of Funds totalled $63,296,666. Background: The discussion below describes the purpose and the information contained in each of the attached schedules. Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for the first quarter of 2005. Subcategories have been identified to highlight those cash transactions that are significant in nature or large dollar value transactions for the City of Pickering. Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions from January I to March 31, 2005 and provides the outstanding taxes receivable as at March 31, 2005. This balance represents all three levels of taxes billed, such as City, Region and School Boards. Outstandinq Investments: investments for both the March 31, 2005. Attachment 3 reflects the short-term and long-term Current Fund and the Reserve Funds outstanding as at Report CS 39-05 Subject: Cash Position Report as at March 31, 2005 Date: May 18, 2005 Page 2 Development Charqes Collected: Attachment 4 indicates the total development charges for the City, Region and School Boards, as the City is responsible for collecting development charges on behalf of all levels of government. The total amount collected of $168,211 agrees with the balance indicated under Sources of Funds on Attachment 1. However the remittance of development charges to the Region and School Boards indicated under the Use of Funds is different than the total collected on Attachment 4. This variance is a result of timing differences because payments to the Region and School Boards are due 25 days following the month collected, Other Development Contributions: Attachment 5 is provided to show other significant development contributions that have been received. Attachments: 2. 3. 4. 5. 6. 7. 8. Statement of Cash Position Continuity of Taxes Receivable Outstanding Investments Statement of Development Charges Collected Other Development Contributions City Portion of Development Charges Collected 2002 - Mar. 31, 2005 Building Permits Issued 2000 - Mar. 31,2005 City Portion of Development Charges Collected 1991-2004 Prepared By: Approved / Endorsed By: Avril Payne Audit Analyst Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas~J. Quinn; (Thief Ad~inistrativ~'~;)~ffic/er ,/ ATTACHHENT #,,,,, I' ...... TO REPORT ~_C,j] ~c!'-. o:~'- ~1 0 City of Pickering Cash Position Statement for three months ending March 31, 2005 Sources of Funds: Accounts Receivable collected $ 1,168,390 Development charges collected 168,211 Operating 16,342,773 Grants-in-lieu: Federal 371,255 Provincial 360,217 Ontario enterprises 3,193,544 Municipal enterprises 322,683 Linear Properties Federal specific grants Ontario specific grants 24,376 Interest Income 288,139 Sale of land Tax payments received 36,979,214 POA Revenue Total $ 59,218,802 Use of Funds: Operating and Capital Expenditures $ 29,222,662 Payroll 5,997,316 Region Levy 16,203,548 Regional portion of Dev. Charges 135,068 School Board Levies 9,756,197 School Board portion of Dev. Charges 16,835 Debenture payment to Region 78,912 APTA Funding 1,886,127 Total $ 63,296,666 Net Cash Increase (Decrease) $ (4,077,864) FINANCIAL POSITION Bank Balance Net Cash Bank Balance Jan 1, 2005 Provided (Used) Mar 31, 2005 Current Fund $ 8,013,507 $ (4,077,864) $ 3,935,643 TOTAL $ 8,013,507 $ (4,077,864) $ 3,935,643 Note: Includes City, Region and School Boards Cash Position first quarter 2005.xlsNET CHANGES 0 m ?- X 0 m 0 0 (J r, o 0000000 0000000 0000000 ~0~0~ ILl zm~ Ox-" EEE~ 000000000 qqqqqqqqq 000000000 ~00~0000 W ~ ~W W ZZZZ~ zzzz z~~ w<<zwwww 000000000 qqq~qqqqq 000~0000 000~0000 000~0000 ~00~0000 ~00~~ 000000000 W I-- ::Dz ooz~ ~:~o~--- ~ > Z 000<0 WWWOW 000~0 ZZZ 000 0 0'~ I-- Z Iii Z 0 -.I © 109 '~:d'3~^CHHENT# ~' ?0 REPORT# w i- w c- c~ (~ ~, ~ 0 City of Pickering Other Development Contributions For three months ending March 31, 2005 iii CONTRIBUTIONS: Cash - In - Lieu of Parkland TOTAL CASH-IN-LIEU OF PARKLAND $1,400 $1,400 Cash Position first quarter 2005.xlsOther Dev. Contrbtns 115 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 43-05 of the Director, Corporate Services & Treasurer, be received; and That effective July 1, 2005, as provided for in Section 16 of By-law 6349/04, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 6.4 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2005; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 43-05 Date: May 17, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Development Charges - Annual Indexing Recommendation: It is recommended that Report CS 43-05 of the Director, Corporate Services & Treasurer be received and that: effective July I, 2005, as provided for in Section 16 of By-law 6349/04, the Development Charges referred to in Sections 6 and 11 of that by-law be increased by 6.4 percent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2005; and, the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: Adoption of the recommendations of this report will put into effect for the period July 1, 2005 to June 30, 2006 increases that are provided for in the Development Charges Act 1997 and Ontario Regulation 82/98 and By-law 6349/04 and are needed to finance construction costs under the City's Development Charge Background Study adopted by Council in July 2004. This is an annual adjustment needed to keep revenues current with costs. Financial Implications: Increasing the Development Charges by 6.4 percent will assist in keeping the revenues generated thereunder in line with current costs. The residential development charges for single and semi detached units will increase by approximately $521, other residential charges will increase similarly and the commercial/industrial charge will increase by approximately $0.14 per square foot or $1.51 per square metre. Report CS 43-05 Subject: Development Charges-Annual Indexing Date: May 17, 2004 Page 2 Background: As provided for in the Ontario Reg. 82/98 and in the City's By-law 6349/04, each year the development charges charged by the City for all types of development may be increased without amending the By-law. Adoption of the recommendations contained in this report will allow that increase to take effect July 1, 2005 thereby assisting in keeping our revenues in line with the costs that development charges go towards. Statistics Canada indicates the increase in the Construction Price Statistics for the most recently available annual period ending March 31, 2005 of 6.4 percent for non- residential construction price index (an indicator of our costs of construction) for the Toronto area. The change is reflected in the table attached. The City's obligations under Recommendations contained in the same report CS 21-04 to Council in the form of contribution to the Development Charges - City's Share should also increase by 6.4 percent. The 2005 Budget contained $590,000 of contribution for this purpose, however in the same year, the budgetted draw of $2,027,840 reduced the year-end balance significantly to $483,492. Significant contributions in 2006 and after are necessary in order to bring the fund balance to an acceptable level. The Commercial/Industrial Development Charge remains at the Council approved level of approximately 50 percent of the justified cost recovery amount, meaning the City has to contribute to the balance. At this juncture, the Region of Durham has not finalized the annual indexing of the development charges the City collects on their behalf. The City will continue to use rates prescribed as effective from July 1, 2004 until further notice from the Region. The Education Development Charges will remain unchanged for the current year. The main changes are to update the amounts to reflect recommendations contained in this report. Upon receiving the final figures from the Region for the portion of the development charges the City collects on their behalf in mid June, the brochure will be revised and distributed. The brochure will be posted on the City's website and made available at various counters throughout the Civic Complex. Attachments: 1. Current and Proposed Residential Development Charges 2005/2006 Report CS 43-05 Subject: Development Charges- Annual Indexing Date: May 17, 2004 Page 3 Prepared By: Approved / Endorsed By: Caryn Kong Senior Financial Analyst Gillis A. ¢~aterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Chief Building Official Recommended for the consideration of Pickering City Council Thor4d'~t~l~ bui~4', Chie,f~Administra'(l~..v.8'ffice¢ / ~t-TACHMEN'f #~TO REPORT CITY OF PICKERING CURRENT RESIDENTIAL DEVELOPMENT CHARGES Effective January 1, 2005 PER DWELLING UNIT Service Single & Apt. Two Other Category Semi Apt. One Bdrm Bdrm Dwelling Detached ($) & Smaller ($) & Larger ($) Units ($) Growth Studies 107 40 61 87 Fire Protection 336 126 i 91 273 Transportation 4,147 1,544 2,355 3,368 Parks & Rec 3,071 1,144 1,745 2,495 Library 489 182 278 396 TOTAL $8,150 $3,036 $4,630 $6,619 Non-Residential - $2.21 per sq. foot or $23.79 per sq. metre PROPOSED RESIDENTIAL DEVELOPMENT CHARGES Effective July 1, 2005 PER DWELLING UNIT Service Single & Apt. Two Other Category Semi Apt. One Bdrm Bdrm Dwelling Detached ($) & Smaller ($) & Larger ($) Units Growth Studies 114 43 65 93 Fire Protection 358 134 203 290 Transportation 4,412 1,642 2,506 3,584 Parks & Rec 3,267 1,217 1,857 2,654 Library 520 194 295 421 TOTAL $8,671 3,230 $4,926 $7,042 Non-Residential - $2.35 per sq. foot or $25.30 per sq. metre $ Increase: Residential [521 i 194 296 423 lNon- i$0.i4 oer sq.i$1.51 per sq. Residential i foot t metre 12 ~) RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Spina Bifida and Hydrocephalus Awareness Month" - June, 2005 May 4, 2005 Mayor David Ryan Corporation of the City of Pickering One the Esplanade Pickering, ON L1V 6K7 Dear Mayor Ryan: In 2004, the Corporation of the City of Picketing graciously proclaimed June as Spina Bifida and Hydrocephalus Awareness Month. We would like to thank you tbr helping raise awareness of these life long, complex conditions. The Spina Bifida and Hydrocephalus Association of Ontario (SB&H), a registered charity, has been making a positive difference in the lives of individuals affected by spina bifida and/or hydrocephalus (sb/h) tbr over 32 years. SB&H provides support through the many challenges brought on by these serious, disabling conditions. We are requesting that the Corporation of the City of Pickering once again declare June as Spina Bifida and Hydrocephalus Awareness Month. We enclose a sample declaration for your convenience. Again, thank you tbr making a difference in Pickering through your proclamation and fbr considering this year's request. Sincerely, Derryn V Gill d~' Directors Spina Bifida & Hydrocephalus Association of Ontario 555 Richmond Street West, P.O. Box 103, Suite 1006, Toronto, Ontario, M5V 3B1 Phone (416) 214-1056 · (800) 387-1575 ° Fax (416) 214-1446 E-mail: provincial @sbhao.on.ca ° www. sbhao.on.¢a ° Charitable Registration #10799 9310 RR0001 SAMPLE PROCLAMATION WHEREAS WHEREAS WHEREAS WHEREAS the Spina Bifida and Hydrocephalus Association of Ontario serves people with spina bifida and hydrocephalus and their families; and Health Canada has proclaimed June as Spina Bifida and Hydrocephalus Awareness Month; and the there are many people who are not aware of the Association or that it offers support, information and education programs and funds research to find ways to prevent and treat these conditions; and the Association encourages all Ontarians to learn more about these conditions and to appreciate the challenges faced by individuals affected by them, therefore BE IT RESOLVED That the Corporation of the City of Pickering hereby proclaims the month of June to be SPINA BIFIDA AND HYDROCEPHALUS AWARENESS MONTH and I urge all citizens to give full consideration and attention to the Spina Bifida and Hydrocephalus Association of Ontario for their work on behalf of those with spina bifida and hydrocephalus and their families. Signature Date