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September 12, 2005 (2)
Executive Committee Meeting Agenda Monday, September 12, 2005 7:30 PM Chair: Councillor McLean (I) 1. MATTERS FOR CONSIDERATION Director, Planning & Development, Report PD 34-05 Zoning By-law Amendment Application A 14/05 Japter Realty 1691 Pickering Parkway Part Block A, Plan M-1024, Now Part 8, 40R-8639 City of Pickering PAGE 1-25 Director, Planning & Development, Report PD 35-05 City Initiated: Zoning By-law Amendment Application A 15/05 To Restrict Institutional Uses on Lands Zoned "Rural Agricultural Zone -A" in Zoning By-laws 3036 and 3037 City of Pickering 26-67 Director, Planning & Development, Report PD 36-05 Draft Plan of Subdivision Application SP-2002-06 Zoning By-law Amendment Application A 27/02 Silver Lane Estates Inc. on behalf of E. Williamson Part of Lot 32, Concession 1 City of Pickering 68-112 Director, Planning & Development, Report PD 39-05 Draft Plan of Subdivision SP-2005-02 Zoning By-law Amendment Application A 06/05 946037 Ontario Limited Part of Lot 21, Plan 819, (40R-20788, Parts 1, 8, 9 & 10) City of Pickerin,q 113-154 Director, Planning & Development, Report PD 37-05 Zoning By-law Amendment Application A 08/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road. North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickerin,q 155-181 Executive Committee Meeting Agenda Monday, September 12, 2005 7:30 PM Chair: Councillor McLean Director, Operations & Emergency Services, Report OES 30-05 Supply and Delivery of 4-Ton Dump Truck -Q-35-2005 182-190 Director, Operations & Emergency Services, Report OES 31-05 Canada-Ontario Municipal Rural Infrastructure Fund Intake Two -Proposed Pickerin.q Project 191-201 Director, Corporate Services & Treasurer, Report CS 61-05 2005 Final Tax Due Dates for Commercial, Industrial and Multi-Residential Realty Tax Classes 202-208 Director, Corporate Services & Treasurer, Report CS 65-05 Section 357~358 of the Municipal Act- Adiustment to Taxes 209-212 10. Director, Corporate Services & Treasurer, Report CS 66-05 Section 357/358 of the Municipal Act- Adjustment to Taxes 213-216 11. Director, Corporate Services & Treasurer, Report CS 63-05 Final Approval for Financing of Council Approved Capital Projects -Internal Loans and External Borrowing Through the Issuance of Debt 217-242 12. Director, Corporate Services & Treasurer, Report CS 59-05 Municipal Performance Management Program Provincially Mandated Public Reporting of Performance Measures 243-281 13. Director, Corporate Services & Treasurer, Report CS 57-05 Appointment to enforce the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road 282-286 Executive Committee Meeting Agenda Monday, September 12, 2005 7:30 PM Chair: Councillor McLean 14. Proclamations "Big Brothers and Big Sisters Month"- September, 2005 "Ajax-Pickering Board of Trade Month" - October, 2005 "International Walk to School Day" - October 5, 2005 "International Walk to School Week" - October 3-7, 2005 "Fire Prevention Week"- October 9-15, 2005 "Canada's Citizenship Week"-October 17-23, 2005 "Child Care Worker & Early Childhood Educator Appreciation Day" - October 26, 2005 287-297 (11) OTHER BUSINESS (111) ADJOURNMENT 001 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 14/05 be APPROVED to permit additional commercial and personal service uses within the existing building on the subject property including vehicle rental establishment, business office, laundromat, take-out restaurant, baker, and an assembly hall without place of religious assembly, as submitted by Japter Realty, on lands being Part Block A, Plan M-1024, now Part 8, 40R-8639, City of Pickering; and That prior to any restaurant type-C coming into operation the owner satisfy the Director, Planning & Development that appropriate odour control mechanism are in place and that the owner receive approval for a revised site plan to the satisfaction of the Director, Planning & Development, to accommodate additional garbage receptacles on site; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 14/05, as set out in Appendix I to Report PD 34-05, be FORWARDED to City Council for enactment. OO2 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 34-05 Date: August 18, 2005 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 14/05 Japter Realty 1691 Pickering Parkway Part Block A Plan M1024, Now Part 8 40R-8639 City of Pickering Recommendation: That Zoning By-law Amendment Application A 14/05 be APPROVED, to permit additional commercial and personal service uses within the existing building on the subject property including vehicle rental establishment, business office, laundromat, take-out restaurant, baker, and an assembly hall without place of religious assembly, as submitted by Japter Realty, on lands being Part Block A Plan M1024, Now Part 8 40R-8639, City of Pickering. That prior to any restaurant type-C coming into operation the owner satisfy the Director, Planning & Development that appropriate odour control mechanism are in place and that the owner receive approval for a revised site plan to the satisfaction of the Director, Planning & Development, to accommodate additional garbage receptacles on site. That the amending zoning by-law, to implement Zoning By-law Amendment Application A 14/05, as set out in Appendix I to Report PD 34-05, be FORWARDED to City Council for enactment. Executive Summary: The subject property is located on the east side of Pickering Parkway west of Brock Road, and currently supports a commercial plaza with second floor apartment units (see Location Map, Attachment #1 and Applicant's Submitted Plan, Attachment #2). Current zoning permits limited commercial and personal service uses. The applicant requests to amend the zoning of the property to permit additional commercial and personal service uses including vehicle rental establishment, business office, laundromat, take-out restaurant, baker, and an assembly hall without place of worship service. The applicant also requested a day care use but this use is not recommended as the existing site is insufficient to provide traffic circulation for a drop-off/pick-up area or a secure outdoor amenity area. Report PD 34-05 Subject: Japter Realty (A 14/05) Date: August18,2005 Page 2 003 The applicant does not propose any changes to the existing building or site. The recommended uses are compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. It is recommended that this application be approved, and the draft by-law be forwarded to City Council for enactment. Financial Implications: application. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 Council Direction At the July 25, 2005 City Council meeting the following resolution was adopted: Resolution #141/05 "That Zoning By-law Amendment application A 14/05 as submitted by Japter Realty for the property municipally know as 1691 Pickering Parkway, be approved in principle, in order to permit take-out restaurant as a permitted use. 2. That staff be directed to bring forward an implementing by-law at the September 19, 2005 meeting of Council." 1.2 At the June 16, 2005 Public Information Meeting Two area residents spoke at the Public Information Meeting (see Text of Information Report, Attachment #3 and Meeting Minutes, Attachment #4). One resident was in favour of the application and one was opposed. The major concern expressed related to the proposed take-out restaurant use and the garbage/litter associated with such a use. Two written comments have been received, both expressing concern with the application. Concerns relate to insufficient parking on the property and specific issues related to the take-out restaurant such as noise, traffic, garbage/litter, loitering and insufficient parking (see Attachment #5 and #6). 0 0 Z~ Report PD 34-05 Subject: Japter Realty (A 14/05) Date: August 18, 2005 Page 3 1.3 City Department and Agency Comments Region of Durham - Planning Department _ no objections; the proposal is permitted by the policies of the Durham Region Official Plan, and there are no matters of provincial interest related to this application (see Attachment #7); Veridian Connections no objections; Fire Services no objections; 2.0 2.1 2.2 Discussion The Proposed Additional Uses Comply with the Pickering Official Plan and are Compatible with Surrounding Uses The City of Pickering Official Plan designates the subject property as Urban Residential Area - High Density Area. Areas designated as Urban Residential Area - High Density Area are intended to be predominantly used for residential purposes, and may also include limited office, retail and personal service uses. Permissible uses within this designation include residential, retailing of goods and services, offices, restaurants, and community uses. The proposed additional commercial and personal service use would comply with the Pickering Official Plan. The property is surrounded by a mixture of commercial and residential land uses. The existing commercial plaza with residential units above has existed in this neighbourhood for numerous years. The proposed additional uses are considered to be compatible with the existing neighbourhood. Take-Out Restaurant Use Approved in Principle by City Council The take-out restaurant use was approved in principle by City Council through Resolution #141/05. A take-out restaurant use is a compatible use in a commercial plaza. Normally this use will generate a higher parking demand and this has to be taken into account in the plaza design. Given that the plaza exists, and no site changes are being proposed, it will be a necessity of the plaza owner to manage the on-site parking needs of all the plaza tenants to ensure the commercial tenants and the existing residents of the building are not impacted by any on-site parking short fall. To reduce the potential impact of a take-out restaurant on on-site parking it is recommended that only one take-out restaurant be permitted and that the maximum gross leasable floor area for such a use be restricted to a maximum of 125 square metres. Report PD 34-05 Subject: Japter Realty (A 14/05) Date: August 18, 2005 Page 4 005 Take-Out Restaurant Requires Odour Control With the addition of a take-out restaurant use the subject of odour must be addressed. A form of odour control should be required considering the existing building has residential units above the commercial units. Restaurant cooking ventilation systems should be required to incorporate an appropriate odour extraction mechanism sufficient to ensure that resulting exhaust is substantially odour free and will not affect surrounding residents. This odour control will be requested through any building permit process, if required or as part of a revised site plan for the subject lands. Garbage/Litter Issue of Take-Out Restaurants is a Property Management and Societal Issue 2.3 2.4 The issue of garbage/litter that is sometimes associated with take-out restaurants is a property management and society problem. Most take-out restaurants maintain a high standard for property maintenance. However, the issue usually relates to off-site garbage/litter due to the packaging of take-out restaurant products that are inappropriately discarded by the consumers. This issue is more of a societal issue on the inappropriateness of litter. Take-out restaurant operators are encouraged to place garbage receptacles throughout their property and maintain them on a regular basis. As a condition of approval a revised site plan will be required for additional on-site garbage receptacles. Place of Assembly Use to have a Maximum Size Limitation A place of assembly use will normally generate a higher parking demand than retail commercial or personal service use and this has to be taken into account in the plaza design. This is an existing plaza, and no site changes are being proposed. It will be a necessity for the plaza owner to manage the on-site parking needs for all of the plaza residents, tenants and their customers. Similar to the take-out restaurant use, a place of assembly use should have a restriction on the maximum gross leasable floor area to lessen the potential for on-site parking problems. It is recommended that a maximum gross leasable floor area of 125 square metres be included in the amending zoning by-law. Day Care Use is Not Being Recommended due to Existing Site Constraints The request for a day care use is not being recommended for approval due to the existing site having insufficient space to accommodate the special requirements for the operation of a day care facility. Due to the nature of the operation of a day care facility there are certain site design features that need to be accommodated in order for the facility to operate appropriately. This includes a specific area for drop-off and pick-up and an area for outdoor amenity space. Given that this application is for an existing building that has no space to accommodate these specific recluirements the requested day care use is not recommended. 0 0 6 Report PD 34-05 Subject: Japter Realty (A 14/05) Date: August18,2005 Page 5 2.5 3.0 Cumulative Impact of Other Uses When the subject property was originally developed, the small size and irregular configuration of the site limited the number of parking spaces that could be provided. To address this limitation a reduced parking standard was applied in the zoning by-law and the types of commercial and personal service uses permitted on the site were restricted. The applicant is now requesting additional commercial and personal service uses that have the potential of causing on-site parking problems. The additional requested uses: being vehicle rental establishment, business office, laundromat, take-out restaurant, baker, and an assembly hall without place of worship service, are acceptable as the recommended restrictions on the size of the take-out restaurant and an assembly hall will lessen the potential for on-site parking problems. Applicant's Comments The applicant has been advised of the recommendations of this report and agrees to no day care use. APPENDIX: Appendix I: Draft Implementing Zoning By-law Attachments: 2. 3. 4. 5. 6. 7. Location Map Applicant's Submitted Plan Text of Information Report Minutes from Statutory Public Meeting Resident Comment Resident Comment Region of Durham Planning Department Report PD 34-05 Subject: Japter Realty (A 14/05) Date: August 18, 2005 Page 6 007 Prepared By: Approved / Endorsed By: Ross Pym, MCIP, RPP U Principal Planner- Development Review Neil ~;arroll~ ~, P Director, Planning & Development Lynda Tayf'or, MCIP, RPP / Manager, Development Review RP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City .,Cou ~cil'"-"" Qui ~ Chief A~inistrativ~~ OO8 APPENDIX I TO REPORT PD 34-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 14/05 THE CORPORATION OF THE CITY OF PICKERING - DR,4FT Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 1896/84, to implement the Official Plan of the City of Pickering, Region of Durham, for Part Block A Plan M1024, Now Part 8 40R-8639, in the City of Pickering. (A 14/05) OO9 WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit additional commercial and personal service uses, in Part Block A Plan M1024, Now Part 8 40R-8639, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-law 1896/84, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part Block A Plan M1024, Now Part 8 40R-8639, in the City of Pickering, 2. TEXT AMENDMENT 2.1 Section 4. DEFINITIONS of By-law 1896/84, is hereby amended by renumbering and re-alphabetizing this subsection in order to incorporate the new definitions as following: (1) "Assembly Hall" shall mean a building or part of a building in which facilities are provided for purposes such as civic, educational, political, religious or social meetings and which may include an auditorium or a banquet hall but does not include a place of religious assembly; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale, but shall not include a Restaurant - Type A; (3) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (4) "Dry Cleanin.q Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (5) "Laundromat" shall mean a building or part of a building wherein machines and facilities for wet laundering and drying are available for public use at a charge, and may include a dry cleaning and laundry depot; 010 (6) - - DR. eFT "Restaurant - Type C" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption and is intended to be consumed off the premises, but shall not include a drive-thru; (7) "Vehicle Rental Establishment" shall mean an establishment in which its main use is the rent or lease of vehicles, but shall not include an accessory vehicle repair shop; 2.2 Section 5.(2)(a)(ii) Uses Permitted of By-law 1896/84 is hereby repealed and replaced with the following: (ii) subject to the provisions of paragraph (2) (b) (v) B of this Section the following are permitted uses: assembly hall, bakery, business office, dry cleaning depot, financial institution, laundromat, neighbourhood store, personal service shop, professional office, restaurant - type C and vehicle rental establishment. 2.3 Section 5.(2)(b)(iv) B Parking Requirements of By-law 1896/84 is hereby repealed and replaced with the following: B For each establishment having any of the following uses there shall be provided and maintained on the lot generating the requirement a minimum of 4.0 parking spaces for each 93 square metres or part thereof of gross leasable floor area of the establishment: assembly hall bakery business office dry cleaning depot financial institution laundromat neighbourhood store personal service shop professional office restaurant - type C vehicle rental establishment 2.4 Section 5.(2)(b) (v) B (I) of By-law 1896/84 is hereby repealed and replaced with the following: the aggregate of the gross leasable floor area of all assembly hall, bakery, business office, dry cleaning depot, financial institution, laundromat, neighbourhood store, personal service shop, professional office, restaurant - type C and vehicle rental establishment shall not exceed 500 square metres. 2.5 Section 5.(2)(b) (v) B of By-law 6112/03 is hereby amended by adding thereto two new subparagraph (Ill) and (IV) after subparagraph (Il) as follows: (Ill) only one restaurant - type C shall be permitted and the maximum gross leasable floor area shall not exceed 125 square metres. (IV) the aggregate of the gross leasable floor area of all assembly halls shall not exceed 125 square metres. AREA RESTRICTED -3- DR FT By-law 3036, as amended by By-law 1896/84, 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 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036. 011 4. EFFECTIVE DATE This By-law shall come into force in accordance with the Planning Act. BY-LAW read a first, second, and third time and finally passed this ,20O5. provisions of the day of David Ryan, Mayor Debi A. Bentley, City Clerk 012 ATTACHU£~T t ! TO REPORT ,f PD 0 0 0 qD GETA CIRCLE >- 0 Q ~REYBER COURT PORTLAND COURT City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART BLOCK A M-1024, PART 8 40R-8639 OWNER 149350 ONTARIO LTD. DATE MAY 11, 2005 FILE No. A 014/05 SCALE 1:5000 DRAWN BY dB CHECKED BY RP N INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 14/05 013 I,- Z uJ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRIL 19, 2005. 014 INFORMATION REPORT NO. 13-05 FOR PUBLIC INFORMATION MEETING OF June 16th, 2005 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 14/05 Japter Realty 1691 Pickering Parkway Part Block A Plan M1024, now Part 8 40R-8639 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the east side of Pickering Parkway west of Brock Road; - a property location map is provided for reference (see Attachment #1); - the property is currently occupied with a mixed use building containing commercial use on the ground floor and seven residential dwelling units on the second floor; - the vast majority of the property not occupied by the building is paved for parking purposes; - the site's topography is relatively flat; - the property appears to be utilizing a right-of-way across the property to the east that provides a service access to the rear of the existing building; - parking is provided in front of the building and to the south of the building; - access to the site is provided by a driveway opposite the intersection of the north leg of Geta Circle; surrounding land uses are: north on the opposite side of Pickering Parkway is a townhouse development; south street townhouses and apartment building; east apartment building and to the east a fuel bar with drive-thru restaurant; west on the opposite side of Pickering Parkway are townhouses; Information Report No. 13-05 Page 2 015 2.0 3.0 3.1 APPLICANT'S PROPOSAL Japter Realty have submitted an application to amend the zoning by-law in order permit a wider range of commercial and personal service uses within the existing building; the existing site plan is provided for reference (see Attachment #2); the property is subject to an existing site plan agreement with the City; the applicant does not propose any changes to the existing site; the existing permitted uses include dry cleaning depot, financial institution, neighbourhood store, personal service shop, professional office, and service and sales of products related to a party supply store as permitted by a Committee of Adjustment decision P/CA 08/93; the applicant is requesting the follow uses as additional permitted uses: car rental; business office; laundromat; fast food restaurant; baker; day care; and an institution bible study without place of worship service; the following chart outlines the existing site details: Details of the Existing Site Total area Ground floor area Building coverage Parking area Parking coverage Landscape open area (including walkways) Landscape open area coverage Number of dwelling units Gross leasable commercial floor area Parking provided Residential parking required (1.5 per unit) Commercial parkin,,g required (4 spaces per 93 m'of gross leasable floor area) Total parking on site - 2713 square metres -- 527 square metres -- 19.5 percent -- 1365 square metres -- 50.5 percent -- 821 square metres -- 30 percent -- 7 -- 487 square metres -- 32 -- 11 -- 21 32 OFFICIAL PLAN AND ZONING Durham Regional Official Plan designates the subject lands as Living Areas; areas designates as Living Areas are intended to be predominantly used for housing purposes, and may include limited office, retail and personal service uses; Pickering Parkway where it abuts the subject lands is designated as a Type C Arterial Road; the proposal appears to conform to the Durham Region Official Plan; 0 16 Information Report No. 13-05 3.2 3.3 4.0 4.1 4.2 Pickerinq Official Plan the Pickering Official Plan designates the subject lands as Urban Residential Area - High Density Area; the subject property is within the Village East Neighbourhood of the Official Plan; no development guidelines have been prepared for this area of the Village East Neighbourhood; permissible uses within Urban Residential Area - High Density Area include residential developments within a specific density range, as well as limited office, retailing of goods and service uses; the Pickering Official Plan establishes a density range of over 80 and up to and including 140 dwelling units per hectare for development within an Urban Residential Area - High Density Area; Schedule II of the Pickering Official Plan - Transportation System designates Pickering Parkway where it abuts the subject site as a Type C Arterial Road; Type C Arterial Roads are designed to accommodate lower volumes of traffic at slower speed, compared to higher order arterial roads, and provide access to properties; the subject application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the applications; Zoning By-law 3036 the subject lands are currently zoned "C10-R" by Zoning By-law 3036, as amended by By-law 1896/84; the existing zoning permits dry cleaning depot, financial institution, neighbourhood store, personal service shop, professional office and residential dwelling units located on the second storey of the building subject to certain performance standards; an amendment to the zoning by-law has been requested by the applicant in order to permit additional commercial uses; the applicant has requested an appropriate zone that would permit the proposed uses. RESULTS OF CIRCULATION Resident Comments no formal written resident comments have been received to date; Agency Comments no formal agency comments have been received to date; Information Report No. 13-05 Page 4 017 4.3 5.0 6.0 6.1 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development continues to be compatible with, and sensitive to, surrounding land uses; · ensuring the proposed uses are compatible with the surrounding lands; · ensuring adequate parking is provided on the subject property in appropriate locations; · reviewing the proposed development to ensure that adequate information is provided, that technical requirements are met and that the proposed site design is appropriate; this Department will conclude its position on the draft plan design alter it has received and assessed comments from the circulated departments, agencies and public. 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 either 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 an appeal of a decision of the City of Pickering in respect of the proposed zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions 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. 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 the report; Information Report No. 13-05 018 Page 5 6.2 Information Received full scale copies of the applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; the need for additional information will be determined through the review and circulation of the applicant's current proposal; 6.3 Company Principal the owner of the subject lands is 1494350 Ontario Limited which carries on business as Japter Realty; Raymond Ata is the principle of 1494350 Ontario Limited (Japter Realty). ORIGINAL SIGNED BY OllIGINAL SIGNED BY Ross Pym, MCIP, RPP Principal Planner- Development Review Lynda Taylor, MClP, RPP Manager, Development Review RP:Id Attachments Copy: Director, Planning & Development 019 APPENDIX NO. I TO INFORMATION REPORT NO. 13-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date 02O PICKERING 3 ~k"°.5 Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, June 16, 2005 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. (0 ZONING BY-LAW AMENDMENT APPLICATION A 14/05 JAPTER REALTY 1691 PICKERING PARKWAY PART BLOCK A, PLAN M-1024, NOW PART 8 40R-8639 Ross Pyro, Principal Planner, Development Review, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #13/05. Raymond Ata, Applicant, 88 Roberston Drive Ajax, advised of his presence and made initial comments. Stated he wants to add more commercial usages to the plaza and that the surrounding community has made such requests to him as well as adding a fast-food restaurant. Barry Connery, 1689 Pickering Parkway, is against the proposal. He especially does not want a fast-food restaurant, as there is already an issue of garbage from other establishments in the neighbourhood. Anthony Ridding, 1945 Denmar Road, has no objections to the application. He believes that the rezoning will not cause a problem. In his opinion the plaza is well kept and rezoning will not change its appearance. Applicant, Raymond Ata responded that a fast-food restaurant would be an asset to the area for those not wishing to cross Brock Road for food. Stated that the cleanliness of the plaza would be maintained regardless of the establishments located there. Barry Connery again stated his concern of the fast-food containers thrown about the neighbourhood and the additional waste caused by a new fast-food restaurant. Statutory Public Information Meeting I J21 Pursuant to the Planning Act Minutes Thursday, June 16, 2005 7:00 P.M. o Applicant, Raymond Ata stated again his property is maintained and he cannot speak to garbage on other properties. Anthony Ridding stated that a fast-food restaurant in the plaza would be a place where teenagers could go for food without crossing Brock Road. He is not concerned about the cleanliness of the plaza deteriorating. The Chair's comment reminded speakers that all comments must be directed towards the Chair of the meeting. -2- From: connery3810 [mailto:connery3810@rogers.com] Sent: June 18, 2005 3:21 PM To: Planning Web Email Subject: information report No. 13-05 To Whom It May Concern: My name is Barry Connery. I live at 1689 Pickering Parkway. I was at an information meeting held on June 16, 2005. I spoke out against the applicant for amendment A 14/05. I stated that I was against this because of the garbage that another fast food restaurant would bring into our neighborhood. There is already a pizza location in the convience store which people use and discard there empty boxes throughout our neighborhood. Also according to the information report it states that there are 21 commercial parking spots when according to the signs posted on the property all the parking at the rear is for tenants and guest's. This really only leaves 15 spots for commercial use not the 21 listed There are 8 spots used for the commercial tenants' for there own cars. There are five commercial tenants of which one employ's two other employees. This now limit's the parking for customer's to 7 of those 7 spots 3 can be used for up to 2-3 hours by customers of the hair dresser's. This really only leaves 4 spots that are used on a short term basis and of this 4 spots two are handicap. Could you please add this concern to my other Barry Connery JUN 2 3 2005 CITY OF PiCKERING ~ ,',..KIf,,IING & DEVELOPMENT The Regional Municipality of Durham Planning Department June 22,2005 Ross Pym, MCIP, RPP - Principal Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Pym: Re: Zoning Amendment Application A14/05 Applicant: Japter Realty Location: 1691 Pickering Parkway Part Block A Plan M1024, now 40R-8639 Municipality: City of Pickering O25 ,i)N 2 4 C. ITY OF PiOKERING ~LANNING & DEVELOPMENT DEPARTMENT t615 DUNDAS ST. E. 4TM FLOOR. LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 ~x: 905-436-6612 .:-mail: planning@ region.durham.on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property to permit additional commercial and personal service uses. The application is not proposing any changes to the existing building or site. Re.qional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan, Subject to the inclusion of appropriate prowsions and designations in the area municipal official plan, limited retailing of goods and services may be permitted in Living Areas. Provincial Policies and Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planning Analyst Current Operations Branch "Service Excellence for Our Communities" N:\pim\dc~Z-oning\Comments\PickeringtA14-05.doc 10o% Post Consumer 026 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY o That Zoning By-law Amendment Application A 15/05, initiated by the City of Pickering, to restdct new institutional uses on lands zoned "Rural Agricultural Zone - A", be APPROVED; as set out in Appendix I to Report PD 35-05; and That the draft by-laws to amend Zoning By-laws 3036 and 3037, as amended, to restrict new institutional uses and continue to permit existing institutional uses on lands zoned "Rural Agricultural Zone - A", as specified in Appendix I to Report PD 35-05, be FORWARDED to Council for enactment on September 19, 2005; and That Council INSTRUCT staff to continue to work cooperatively with representatives of Ansar Medical Inc. and the Toronto and Region Conservation Authority to locate the required roadway (east of Brock Road, where it crosses the 2177 and 2185 Brock Road properties) to maximize development on the properties while meeting the public objectives set out in the Duffin Heights Neighbourhood Development Guidelines; and That retention of "Rural Agricultural Zone - A" zoning on urban lands BE EVALUATED when the comprehensive zoning by-law consolidation/review is undertaken by the City; and That Council INSTRUCT staff to initiate a zoning by-law amendment to implement a new parking standard for places of religious assembly (churches and religious institutions) for all zones in the four City parent zoning by-laws. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: 35-05 Date: August 30, 2005 027 From: Neil Carroll Director, Planning & Development Subject: City Initiated: Zoning By-law Amendment Application A 15/05 To Restrict Institutional Uses on Lands Zoned "Rural Agricultural Zone -A" in Zoning By-laws 3036 and 3037 City of Pickering Recommendation: That Zoning By-law Amendment Application A 15/05, initiated by the City of Pickering, to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A", be APPROVED; as set out in Appendix I to Report PD 35-05; That the draft by-laws to amend Zoning By-laws 3036 and 3037, as amended, to restrict new institutional uses and continue to permit existing institutional uses on lands zoned "Rural Agricultural Zone - A", as specified in Appendix I to Report PD 35-05 be FORWARDED to Council for enactment on September 19, 2005; That Council INSTRUCT staff to continue to work cooperatively with representatives of Ansar Medical Inc. and the Toronto and Region Conservation Authority to locate the required roadway (east of Brock Road, where it crosses the 2177 and 2185 Brock Road properties) to maximize development on the properties while meeting the public objectives set out in the Duffin Heights Neighbourhood Development Guidelines; That retention of "Rural Agricultural Zone - A" zoning on urban lands BE EVALUATED when the comprehensive zoning by-law consolidation/review is undertaken by the City; That Council INSTRUCT staff to initiate a zoning by-law amendment to implement a new parking standard for places of religious assembly (churches and religious institutions) for all zones in the four City parent zoning by-laws. Executive Summary: In October 2004, Council adopted Interim By-law 6385/04, restricting institutional uses (churches, schools, educational and religious institutions, hospitals, cemeteries, places of religious assembly, etc.) on agriculturally zoned lands on a temporary basis. O28 Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 2 Staff has studied the matter and has concluded that continued permission of institutional uses on agricultural lands on an 'as-of-right' basis does not conform with official plan policies and risks potential conflict with surrounding rural uses in the rural area. For agriculturally zoned lands in the urban area, continued 'as-of-right' permission for new institutional uses risks potential conflicts with surrounding urban uses and prejudices the ability of the City to implement Council adopted policies and urban development guidelines. It is therefore recommended that Zoning By-laws 3036 & 3037 be amended to remove institutional uses as a permitted use on lands zoned "Rural Agricultural Zone - A". Existing institutional uses on lands zoned "Rural Agricultural Zone - A" should be specifically zoned to provide for a continued lawful conforming status. Financial Implications: No direct costs to the City are anticipated as a result of action to amend the zoning by-laws to restrict institutional uses on lands zoned "Rural Agricultural Zone - A". Background: 1.0 Interim Control By-law & Land Use Policy Study 1.1 The Interim Control By-law established a one-year moratorium on new institutional uses: On October 18, 2004, Council adopted Interim Control By-law 6385/04 to restrict institutional uses, for a one-year period, on lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037. A copy of By-law 6385/04 is attached to Information Report No. 14-05 (see Attachment #1). At the same time, Council also instructed staff to undertake a land use policy study to evaluate the appropriateness of retaining institutional uses as permitted uses on lands zoned "Rural Agricultural Zone - A". 1.2 Findings of the Land Use Policy Study suggest elimination of institutional uses 'as-of-right' on agricultural lands, with new institutional uses to be introduced through rezoning: The study was conducted earlier this year and the findings were presented in Information Report No. 14-05 (see Attachment #1). The Land Use Policy Study findings concluded that: None of the surrounding municipalities permit institutional uses on an 'as-of-right' Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 3 029 1.3 In rural Pickering, zoning provisions permitting institutional uses on lands zoned for agricultural purposes do not conform with Durham Regional and/or City of Pickering official plan provisions on almost all of the rural lands; The potential for conflict between new institutional uses and current rural uses can best be addressed by review of zoning and/or official plan amendment applications by Council on an individual basis; · In urban Pickering, institutional uses are permitted by the various official plan designations in both the Durham Regional and City of Pickering official plans; The requirement for site specific rezoning permits Council to ensure that individual developments conform with official plan designations, are compatible with nearby land uses, and meet Council's urban development objectives for newly developing neighbourhoods; There are scattered parcels of land zoned "Rural Agricultural Zone - A" located along the northerly edge of current urban development. Such zoning permits institutional uses 'as-of-right', which risks compatibility with existing uses. Further, the achievement of development objectives adopted by Council for both the Duffin Heights and Brock Ridge Neighbourhoods may also be frustrated by owners with the right to request building permits (i.e.: on an 'as-of-right' basis) to construct institutional projects; Although the possible risks of continued 'as-of-right' zoning that permits other uses (ie: agricultural or agriculture-business uses) on urban lands zoned "Rural Agricultural Zone - A" was not evaluated by this study, such zoning could also compromise achievement of compatible neighbouring lands uses and/or achievement of Council-adopted neighbourhood official plan policies and/or development guidelines (although such uses are less likely to be introduced in an urban area); · It appears that current parking standards for places of religious assembly in Pickering's 'parent' zoning by-laws are not adequate; Requiring such uses to be introduce through individual zoning by-law amendment applications would permit site specific revised parking standards to be imposed; Recommendations of Land Use Policy Study In order to address the findings of the land use policy study, it was recommended in Information Report 14-05 that: In~fih,finnnl ~q~ hn rnmn~/nrl nn nRrmitfRrl ~I.~R.~ nn Agricultural Zone - A" by Zoning By-laws 3036 and 3037; I~nd.~ Zoned "Rural 030 Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 4 2.0 2.1 2.2 · Existing institutional uses on lands zoned "Rural Agricultural Zone - A" continue to be permitted as lawful conforming uses; Remaining "Rural Agricultural Zone - A" zoned lands in the urban area be reviewed as part of the City's future comprehensive zoning by-law review in order to remove other possible risks where zoning could allow uses that are incompatible with existing urban development; · Parking standards for places of religious assembly be evaluated as part of a future work program, Public Consultation Notice of the Statutory Public Information Meeting was provided in the Pickering News Advertiser and on the City's website. In addition, written notice was also mailed to existing institutions zoned "Rural Agricultural Zone - A" and to several landowners or prospective landowners who had indicated an interest in institutional zoning on such properties. Statutory Public Information Meeting -June 16, 2005 An overview of Information Report 14-05 which outlined the City application to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A" and set out the findings of the land use policy study was presented at the Statutory Public Information Meeting by staff. No comments were provided by the public (see Attachment #2- Statutory Public Information Meeting Minutes- June 16, 2005). Comments/Consultations Public: Ansar Medical Services Inc (Mr. Jalaluddin) · Two letters (dated June 10 and 13, 2005) indicated that two properties (2177 & 2185 Brock Road) had been purchased in order to develop them for institutional uses. Mr. Jalaluddin reserved the right to appeal the proposed rezoning; ° (see Attachments #3a & #3b); Agencies: City of Pickering Development Control (verbal) · No comment; Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 5 031 City of Pickering Municipal Property & Engineering (verbal) Region of Durham Planning Dept. Township of Uxbridge Town of Whitby Veridian Connections · No comment; · No objections; · (see Attachment #-4); · No objections; · (see Attachment #5); · No objections; · (see Attachment #6); · No objections; · (see Attachment #7). 3.0 3.1 3.2 Discussion Institutional Uses should be removed as permitted uses on lands zoned "Rural Agricultural Zone - A" in Zoning By-laws 3036 and 3037: For the reasons set out in the findings of the land use policy study, it is recommended that institutional uses be removed from the list of permitted uses in the "Rural Agricultural Zone - A" zoning category in Zoning By-laws 3036 and 3037. The draft by-laws contained in Appendix I to Report PD 35-05 implement this recommendation and also provide exceptions for those institutional uses that currently exist on lands zoned "Rural Agricultural Zone - A". It is recommended that Council enact the amending by-laws contained in Appendix I to Report PD 35-05 at its meeting scheduled for September 19, 2005, so that they will come into force before Interim By-law 6385/04 lapses on October 18, 2005. Existing Institutional Uses should continue as lawful conforming uses: The existing institutional uses located on lands zoned "Rural Agricultural Zone - A" in By-laws 3036 or 3037 should retain the right to continue as fully lawful uses. Information Report No. 14-05 identified five such institutional uses that are subject to Zoning By-law 3036 and three that are subject to Zoning By-law 3037. One additional use has since been identified that is subject to Zoning By-law 3036 (see Attachment #8 for the locations of these uses). The draft by-laws contained in Appendix I recognize existing institutional facilities as exceptions. The exceptions will permit the continued lawful use of the existing institutions located on the nine identified properties. 0 3 ~:~eport PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 6 3.3 Such lawful status will permit continued use and expansion of existing institutional facilities. If an exception were not provided, the resulting lawful non-conforming status would permit continued use, but no expansion to the existing institutional facilities would be permitted unless approved by a subsequent minor variance to the zoning by-law. Properties owned by Ansar Medical Inc. are most appropriate to be considered through a site specific rezoning application: The letters from Mr. Jalaluddin of Ansar Medical Inc. (see Attachments #3a & #3b) indicate that the properties at 2177 and 2185 Brock Road in the Duffin Heights Neighbourhood were purchased in November 2004 and January 2005. Mr. Jalaluddin consulted with City staff prior to Council consideration or adoption of Interim Control By-law 6385/04. To date, no formal planning applications for rezoning or site plan approval have been submitted. However, Mr. Jalaluddin has indicated that Ansar Medical Inc. 'wishes to develop these two adjoining properties as a seniors housing/care facility. Since the Interim Control By-law removed institutional uses as permitted uses from properties zoned "Rural Agricultural Zone - A", a rezoning will be necessary for such a proposal. Official plan policy and development guidelines for Duffin Heights Neighbourhood identify a new road to be located east of Brock Road. The properties at 2177 and 2185 Brock Road extend from Brock Road to the Duffins Creek valley across the proposed roadway. Construction of a large-scale institution on these properties could prevent implementation of a new road across the middle of the properties, thereby compromising the achievement of the Council approved neighbourhood design. Staff of the Planning & Development and Toronto Region Conservation Authority have held discussions with Mr. Jaluluddin in order to identify a suitable location for the required roadway as close to the Duffins Creek valley as is reasonable in order to reduce the impact of the road right-of-way on the development potential of the properties. Since Mr. Jalaluddin needs a rezoning to achieve a suitable institutional development on the property and it appears likely that a compromise can be reached regarding the location of the roadway, retention of the 'as-of-right' zoning permitting institutional uses on these particular properties is not recommended. It is recommended, however, that Council instruct staff to continue to work cooperatively with representatives of Ansar Medical Inc. and the Toronto and Region Conservation Authority to locate the required roadway east of Brock Road, where it crosses 2177 and 2185 Brock Road, to maximize aeveiopmem on i.i]u pfupuf[iu~ wi~ilu [,,~[i,,~j ;.;,ub, uu,,~. ................... u,.,j~,...,,~o ,~,,~,.~,~' .... ":,~, the Development Guidelines. Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 7 033 3.4 3.5 Retention of "Rural Agricultural Zone - A" zoning on other urban lands should be evaluated when a comprehensive zoning by-law review is undertaken by the City: Schedule I to Interim Control By-law 6385/04 (see Attachment #1) identifies the urban lands subject to Zoning By-law 3036 that are zoned "Rural Agricultural Zone - A". The urban lands zoned "A" are mainly scattered across a number of urban neighbourhoods along the northern edge of the current built-up urban area of Pickering. Concentrations are found along Finch Avenue west of Altona Road, in and around the Altona Forest, north of Finch Avenue between Fairport and Dixie Roads and in other isolated parcels throughout the By-law 3036 area, in addition to Duffin Heights and Brock Ridge Neighbourhoods. While the proposal in Report PD 35-05 will remove the risk of 'as-of-right' institutional uses, other uses permitted by the "Rural Agricultural Zone A" zoning could also pose risks to achievement of compatibility with surrounding urban uses and could prejudice achievement of Council-adopted development policies and guidelines. Although such uses are unlikely to be introduced in the urban area, risks could result from large-scale agricultural activities, agricultural-related businesses or others. Incidences of noise, light, odour or problematic site arrangements could conflict with established urban uses and may not be regulated to the same degree as those requiring new zoning approvals and may also not conform to the official plan. Since Report PD 35-05 concerns strictly institutional uses on lands zoned "Rural Agricultural Zone - A", Report PD 35-05 does not provide a more general review of the suitability of continued "Rural Agricultural Zone - A" zoning in urban areas. Accordingly, it is recommended that retention of existing "Rural Agricultural Zone - A" zoning on urban lands be subject to evaluation when the comprehensive zoning by-law consolidation/review is undertaken by the City. The City should initiate a zoning by-law amendment application to propose new higher parking standards for places of religious assembly (churches and religious institutions): The current general parking provisions of 'parent' Zoning By-laws 3036 and 3037 (and By-laws 2520 and 2511) require a general parking provision of "one space per four persons capacity" for churches and religious institutions. 034 Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 8 However, recent experience at a number of religious institutions has been that on-site parking provided at the general standard has been inadequate and has caused overflow parking impacts on local and arterial roads. In order to correct this situation, the City has required a higher parking standard of "eight parking spaces for each 100 square metres of gross leasable floor area" for several new "places of religious assembly" by site-specific amendment in the last two years. To date, it appears that this new higher standard has adequately satisfied the parking needs. Upon comparison to standards required by several other municipalities, this new higher standard is still lower than the standard imposed by most other municipalities. In order to implement a higher standard for new places of religious assembly and for expansions of such existing uses, amendments should be adopted in all four City 'parent' zoning by-laws. Since this type of amendment was not identified in the notice for Statutory Public Information Meeting for this application (A 15/05), a new application with notice and a Statutory Public Information Meeting will be necessary before Council can consider an amendment of this general nature, in order to meet the requirements of the Planning Act. Accordingly, it is recommended that Council instruct staff to initiate an application to implement a new higher parking standard for places of religious assembly for all zones in the four City parent zoning by-laws. APPENDICES: Appendix I' Draft Zoning By-law Amendments to Zoning By-laws 3036 and 3037 Attachments: 2. 3a. 3b. 4. 5. 6. 7. 8. Information Report No. 14-05 Minutes of the June 16, 2005, Statutory Public Information Meeting Comment from President of Ansar Medical Services Inc. dated June 10, 2005 Comment from President of Ansar Medical Services Inc. dated June 13, 2005 Agency Comment from Region of Durham Planning Department Comment from Township of Uxbridge Comment from Town of Whitby Comment from Veridian Connections Map of Existing Institutional Uses Zoned "Rural Agricultural Zone - A" Report PD 35-05 Subject: Zoning By-law Amendment Application A 15/05 Date: August 30, 2005 Page 9 035 Prepared By: Steve Gaunt, MCIP, RPP Senior Planner Approved / Endorsed By: Neil Carroll, M Director, Planning & Development Lynda Taylor, MCIP, RPP Manager, Development Review SG:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Cc u,n_cJJ.. ThoCn~(~ ,~.- Ou i~ Chief ¢mini~~~ 036 APPENDIX I TO REPORT PD 35-05 DRAFT BY-LAWS TO AMEND ZONING BY-LAWS 3036 AND 3037 Being a By-law to amend Zoning By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. (A 15/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to remove institutional uses as permitted uses on lands zoned "Rural Agricultural Zone - A" within the City of Pickering; AND WHEREAS amendment of By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 03? 1. TEXT AMENDMENT (1) Subsections 7.1.4.1 (a), (b) and (c) are hereby repealed and replaced by the following: 7.1.4.1 Institutional (a) The only Institutional uses permitted on lands zoned "Rural Agricultural Zone - A" are as follows: (i) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Pt. Lot 18, Now RP 40R 9710, Part 3, identified as Property Identification No. 26439-0192 and known as 2065 Brock Road; (i~) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, South Part Lot 26, identified as Property Identification Numbers 26372-0051 and 26372-0049 and known as 902 Finch Avenue; A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, N. Pt., Lot 18, except RP 40R 20062, Pads 2, 3 and 4 (CO179234), identified as Property Identification No. 26439-0506 and known as 2275 Brock Road; (iv) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 1, North Part of Lot 19, identified as Property Identification No. 26334-0017 and known as 1900 Brock Road; (v) A cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Part Lot 27, Now RP 40R 3892, Part 1, identified as Property Identification No. 26371..0375 and known as 886-898 Finch Avenue; (vi) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 2, Part Lot 22, identified as Property Identification No. 26377-0209 and known as 1302 Finch Avenue; (b) Institutional uses permitted by Clause 7.1.4.1 shall be governed by the provisions of Section 5.15. 038 2. BY-LAW 3036 -2- By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this .... 2005. David Ryan, day of Debi A. Bentley, City Clerk THE CORPORATION OF Tbll~'r~ OF PICKERING Being a By-law to amen~Zoning By-law 3037, as amended, to implement the Official Plan of the City of Picketing, Region of Durham. (^ 15/05) WHEREAS the Council of The Corporation of the City of Pickedng deems it desirable to remove institutional uses as permitted uses on lands zoned "Rural Agdcuttural Zone - A' within the City of Pickering; AND WHEREAS amendment of By-law 3037 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 039 1. TEXT AMENDMENT (1) Subsection 6.1.4.1 (a), (b) and (c) are hereby repealed and replaced by the following: 6.1.4.1 institutional (a) The only Institutional uses permitted on any lands zoned "Rural Agricultural Zone - A' are as follows: (i) (ii) A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 8, S. Part, Part of Lot 6, identified as Property Identification Numbers 26394-0056 and 26394-0091 and known as 3000 Eighth Concession Road; A church and cemetery, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Concession 9, N. Part, Lot 30, DPW #612, identified as Property Identification No. 26388-0012 and known as 5475 Sideline 30; A church and religious institution, as defined herein, shall be permitted on the lands designated "Rural Agricultural Zone - A" located in Plan 585, Pt. Lot 9, Now RP 40R 2633, Pads 1 - 3, identified as Property Identification No. 26383-0033 and known as 2590 Brock Road; (b) Institutional uses permitted by Clause 6.1.4.1 (a) shall be governed by'the provisions of Section 5.15. 2. BY-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 3. EFFECTIVE DATE This By-law shall come into 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 Rya~~~tlI Debi A. Bentley, City Clerk 04O PICKERING INFORMATION REPORT NO. 14-05 FOR PUBLIC INFORMATION MEETING OF June 16, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: City Initiated: Zoning By-law Amendment Application A 15/05 To Restrict Institutional Uses on lands Zoned "Rural Agricultural Zone - A" in Zoning By-laws 3036 and 3037 City of Pickering 1.0 BACKGROUND - currently, churches, educational institutions, hospitals and other institutional uses are permitted on lands with agricultural zoning. Building permits can be obtained for uses permitted by the zoning, following site plan review; - the provisions of the zoning by-laws that permit institutional uses on agricultural zoned lands may not conform with the City of Pickering or Region of Durham Official Plans; - City of Pickering agricultural zoning has not been amended to conform to the 1997 City of Pickering Official Plan due to delays in undertaking a comprehensive revision of City zoning by-laws; - lands in the rural area that are zoned agricultural by By-laws 3036 and 3037 could be developed for large-scale institutions that could negatively impact neighbouring agricultural or rural settlement lands; lands in the urban area that are zoned agricultural under By-law 3036 comprise large parcels, mainly along Brock Road in the Brock Ridge and Duffins Heights Neighbourhoods, and scattered parcels north of Highway 401. Development of these parcels for large-scale institutional uses could prejudice the implementation of Council-adopted Development Guidelines for efficient road access and servicing options in newly urbanizing areas and may not be compatible with neighbouring uses throughout urban Pickering; - staff had received a number of inquiries about possible location of large-scale institutional uses on agricultural zoned lands in rural and urban areas; - staff discussed these concerns with Council at a Management Board meeting with the conclusion that action was warranted; Information Report No. 14-05 Page 2 0 Z~ ~[ 1.1 Interim Control By-law on October 18, 2004, Council adopted Interim Control By-law 6385/04 to restrict institutional uses, for a one-year period, on those lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037; the lands included large parts of Duffins Heights and Brock Ridge Neighbourhoods and other scattered parcels in the urban area of Pickering north of Highway 401 and those parts of the rural area not otherwise restricted from this type of development by Provincial Zoning Orders or ownership by either the Federal or Provincial Governments; (see Attachment #1 - By-law 6385/04); 1.2 Land Use Policy Study on October 18, 2004, Council passed Resolution #130/04 to direct staff to review land use planning policies to evaluate the appropriateness of institutional uses of all lands zoned "Rural Agricultural Zone - A" in By-laws 3036 and 3037 in the City (see Attachment #2 - Resolution # 130/04); the workplan included study of: · conformity of current zoning with the City and Regional official plan policies in the rural and urban areas; · policies of surrounding municipalities on this matter; · appropriate development standards for institutional uses suitable on lands zoned "Rural Agricultural Zone - A", if necessary; and, · appropriate zoning for existing institutional uses with "Rural Agricultural Zone - A" zoning as exceptions to any new policy; the workplan also suggested that, once the study was complete, a notice be circulated for a Statutory Public Meeting to review the study findings and any proposed amendments; the Public Meeting should be held before the summer of 2005 so that recommended amendments can be enacted by Council to come into force by October 18, 2005. 2.0 CITY'S PROPOSAL the City now proposes to implement the findings of the land use planning policy study by amending Zoning By-laws 3036 and 3037 to: · remove institutional uses as permitted uses on lands Zoned "Rural Agricultural Zone - A" by Zoning By-laws 3036 and 3037; and, · recognize existing institutional uses on lands zoned "Rural Agricultural Zone - A" as legal conforming uses. 0 ~ 2Information Report No. 14-05 Page 3 3.0 3.1 3.2 3.3 CURRENT ZONING PROVISIONS Zoninq By-law 3036 "Institutional" uses permitted in the "Rural Agricultural Zone - A" include churches, church halls, public and private schools, public or institutional buildings, public and private hospitals and cemeteries; By-law 3036 is the parent by-law for lands located; 1) between Highway 401 and the CPR railway tracks in the South Urban Area; and, 2) between the CPR tracks and Concession 3 within the Seaton Area east of West Duffins Creek and within the rural lands west of West Duffins Creek (see Attachment #5 & #6; the following existing institutional uses, shown on Attachments #5 and #6, are located on lands zoned "Rural Agricultural Zone - A" by By-law 3036: · Picketing Islamic Centre, 2065 Brock Road; · White & Erskine Cemetery, 902 Finch Avenue; · Woodruffs Cemetery, 2265 Brock Road; · Post Cemetery, south-west corner Brock Road and Kingston Road; and, · Erskine Cemetery, 886-888 Finch Avenue; Zoning By-law 3037 "Institutional" uses permitted in the "Rural Agricultural Zone - A" include churches, public and private schools, educational and religious institutions, research laboratories under the jurisdiction of a university or government authority, public and private hospitals, sanitaria and clinics; By-law 3037 is the parent by-law for the rural lands north of the lands governed by By-law 3036. By-law 3037 lands encompass the northerly parts of the Seaton lands and the lands west of West Duffins Creek, the Federal lands, Oak Ridges Moraine lands and the rural lands located between the Federal lands and the Whitby border, north of Ajax (see Attachments #5 & #6); the following existing institutional uses, also shown on Attachments #5 & #6, are located on lands zoned "Rural Agricultural Zone - A" by By-law 3037; · Mount Zion Church, 300 Eighth Concession Road; · Altona Mennonite Cemetery and Church, 5475 Sideline 30; and, · Hindu Cultural Centre, 2590 Brock Road; Provincial Zoninq Orders Minister's Zoning Orders (MZO's) Number 1 and Number 2 (O Reg. 102/72 and O Reg. 19/74) do not permit institutional uses on an 'as-of-right' basis on the parts of the rural area east of the federal lands and two smaller areas to the south-east and south-west; Information Report No. 14-05 Page 4 043 4.0 4.1 4.2 4.2.1 4.2.1.1 - although municipal by-laws permit a broader range of uses and impose less restrictive standards than the MZO provisions, the more restrictive provisions of the MZO's over-rule municipal zoning; - the MZO's would not prevent the City from amending its by-laws to remove permitted institutional uses. STUDY FINDINGS Policies for Institutional Uses on Agriculturally Zoned Land in Nei.qhbourin_cl Municipalities Policies of surrounding municipalities* were reviewed to determine whether each of their respective agricultural zoning permits institutional uses, with the following findings: none of the canvassed municipalities permit institutional uses in their agricultural zoning on an 'as-of-right' basis; Ajax and Markham each permit several rural institutions by site-specific zoning; Whitby requires institutional zoning; and, Uxbridge requires a 'community facility' zoning category; * the Towns of Ajax, Whitby, Markham and Whitchurch-Stouffville, the City of Oshawa and the Township of Uxbridge. Conformity of Current Zoninq (for Institutional Uses) with Official Plans and Provincial Legislation Rural Areas Conformity with the Durham Regional Official Plan (DROP) - the DROP contains the following land use designations applicable in Pickering's rural areas (see Attachment #7 - Map 3: Durham Region Official Plan Designations in Pickering Rural Area): · Countryside, in the Oak Ridges Moraine; · Permanent Agricultural Reserve; · Major Open Space; · Federal Airport Lands and Federal Airport Special Study Area; and, · Hamlet and Country Residential Subdivision designations; - institutional uses are not permitted in the Permanent Agricultural Reserve designation, the Federal Airport Lands or the Federal Airport Special Study Area lands; O44 Information Report No. 14-05 Page 5 4.2.1.2 institutional uses are permitted on lands that were designated Countryside by the 2004 Regional Official Plan amendment that implements the Provincial Oak Ridges Moraine Plan; institutional uses are permitted on lands designated Major Open Space, or Hamlets and Country Residential Subdivisions; the DROP provides that local municipal official plans can be more restrictive than Regional policies; Zoninq Changes to Achieve Conformity in order to bring Pickering's agricultural zoning into conformity with the policies of the DROP, institutional uses should be removed as permitted uses from Pickering's agricultural zoning on lands designated Permanent Agricultural Reserve, Federal Airport Lands and Federal'Airport Special Study Area lands by the DROP. In addition, institutional uses could also be removed from agricultural zoning on lands with Major Open Space, or Hamlet and Country Residential Subdivision designations; existing institutional uses should be permitted as exceptions. Conformity with City of Pickering Official Plan (POP) the POP includes the following land use designations that apply in the rural area (see Attachment #8 - Map 4: Pickering Official Plan Designations in the Rural Area): · Agricultural Areas; · Seaton Urban Study Area; · Major Open Space - Natural Areas & Active Recreational Areas; · Rural Settlements: Country Residential, Rural Clusters & Rural Hamlets designations; institutional uses are not permitted in Agricultural Areas, Seaton Urban Study Area, Major Open Space: Natural Areas and Rural Settlements: Country Residential designations; institutional uses are permitted only in Major Open Space: Active Recreational, Rural Settlements: Rural Hamlet and, for existing institutional uses, only in Rural Settlements: Rural Cluster designations; in addition, the City is currently processing Official Plan amendments to implement the Growth Management Study and to implement Oak Ridges Moraine legislation. Neither of these initiatives will be impacted by this process to restrict new institutional uses on lands zoned "Rural Agricultural Zone - A"; Information Report No. 14-05 Page 6 O45 Zoninq Changes To Achieve Conformity in order to bring agricultural zoning into conformity with the POP, institutional uses should be removed as permitted uses from Pickering's agricultural zoning on lands designated Agricultural Areas, Seaton Urban Study Area, Major Open Space: Natural Areas and Rural Settlements: Country Residential. In addition, institutional uses could be removed from lands designated Major Open Space: Active Recreational Areas, Rural Settlements: Rural Hamlet and Rural Settlements: Rural Cluster designations; Major Open Space - all four sites with the designation Major Open Space: Active Recreational are used for golf courses and contain no institutional uses; Rural Hamlets - although a number of small-scale institutional uses are located on Rural Settlements: Rural Hamlet designations, their redevelopment as large-scale institutions or the addition of new large-scale institutions on other hamlet sites could potentially have significant negative impacts on existing hamlet residential uses; - institutional uses should be removed on an 'as-of-right' basis from lands zoned "Rural Agricultural Zone - A" on lands designated Rural Settlements: Rural Hamlet; - a proponent of an institutional use will retain the right to apply for zoning approval for a specific institution and the City will then have the ability to evaluate the individual merits of such proposals on existing hamlet residents; Rural Clusters since there are no existing institutional uses on lands designated Rural Settlements: Rural Cluster, removal of as-of-right zoning for institutional uses will not impact existing uses but will permit decisions to be made on specific proposals following consideration of their individual merits; Recommendation it is recommended that institutional uses be removed as permitted uses from lands zoned "Rural Agricultural Zone - A" in all of the lands subject to Zoning By-law 3037 and in those rural lands subject to Zoning By-law 3036 that are located north of the CPR tracks, except for existing institutional uses. 046 Information Report No. 14-05 Page 7 4.2.1.3 4.2.2 4.2.2.1 4.2.2.2 Provincial Greenbelt Act and Greenbelt Plan although the Greenbelt Plan permits institutional uses on lands designated Rural Areas and Hamlets by the Greenbelt Plan if such use is permitted by municipal official plans, the Greenbelt Plan does not limit municipal policies that are more stringent than the Greenbelt Plan; Urban Areas Conformity with Durham Regional Official Plan all of the DROP land use designations that govern land use in the urban areas of Pickering permit institutional uses; Conformity with Pickering Official Plan the POP also includes a number of land use designations for urban areas that all permit institutional uses, in addition to a broad range of other urban uses; - through site specific rezoning requirements uses and development standards are designed to ensure that orderly development occurs that is compatible with neighbouring land uses and respects good urban design; - retention of agricultural zoning on the edges of urbanized areas has served the purpose well of permitting continuation of the rural uses until urban development is properly conceived and has not prejudiced the achievement of suitable urban development, until now; - the existence of agricultural zoning that permits large-scale urban institutional development on an 'as-of-right' basis could prevent the City from achieving well-considered principles of orderly urban development for its urbanizing neighbourhoods; Conformity With Official Plan Neiqhbourhood Policies and Development Guidelines: Brock Ridge Nei.qhbourhood Location Brock Ridge Neighbourhood comprises the lands north and east of West Duffins Creek, south of the Hydro Right-of-way (near Third Concession) and west of the Ajax boundary, north of Finch Avenue (see Attachment #3 - Duffins Precinct Tertiary Plan); Information Report No. 14-05 Page 8 O47 Policies the Neighbourhood policy identifies the area east of Brock Road and south of Ganatsekiagon Creek as a Detailed Review Area for which development guidelines were required in order to achieve community design objectives and encourage increased intensity of development. lands within this area are designated mainly as Urban Residential Areas: Medium Density Areas with a portion in the middle as Mixed Use Areas: Community Node; Official Plan policies for Brock Ridge Neighbourhood identify the Duffins Precinct as a Detailed Review Area for which development guidelines are required prior to permitting major development within the area which will include determination of appropriate intersection and entranceways onto Brock Road; a key element shown on Map 23 of the Official Plan is a proposed new road east of Brock Road; Development Guideline Obiectives in August 1997, Council adopted the Duffins Precinct Development Guidelines for the area; the Development Guidelines include a Tertiary Plan that identifies a framework for a medium density residential community structured around a proposed road to the east of Brock Road; Impact of Existinq Zoning the current "Rural Agriculture Zone - A" zoning permits institutional uses on an 'as-of-right' basis, which impacts the ability of the City to implement the Neighbourhood Policies and the Duffins Precinct Development Guidelines; with such uses permitted on an 'as-of-right' basis, landowners could obtain building permits for single uses on one or more properties without a requirement that the road be provided. Since centre medians may be installed on Brock Road to control left turn movements, inefficient traffic movements would result for users of these properties, if developed on an individual basis rather than through the comprehensive block and road pattern in the Duffins Precinct Development Guidelines; Recommendation it is recommended that institutional uses be removed as permitted uses on an 'as-of-right' basis on lands zoned "Rural Agricultural Zone - A". Owners would continue to have the ability to apply for individual rezonings to which the City could respond appropriately and achieve implementation of orderly and comprehensive development for this area by reviewing applications to achieve the Development Guidelines; 0 ~, 8 Information Report No. 14-05 Page 9 Duffin Heiqhts Nei.qhbourhood - a similar situation exists in Duffin Heights Neighbourhood as in the Brock Ridge Neighbourhood; - in 2003, the Region of Durham approved the City of Pickering Official Plan Amendment for urban uses in the Duffin Heights Neighbourhood and City Council's Duffin Heights Neighbourhood Development Guidelines came into force at the same time; - the Duffin Heights Development Guidelines include a Tertiary Plan that identifies a modified grid pattern of roads to achieve orderly and efficient development (see Attachment #4); - as in the Duffins Precinct of the Brock Ridge Neighbourhood, current zoning would permit the establishment of large-scale institutional uses on large land parcels that would prevent achievement of the pattern of roads identified on the Tertiary Plan; - for the same reasons as in the Duffins Precinct of Brock Ridge Neighbourhood, institutional uses should be removed as permitted uses on an as-of-right basis from any "Rural Agricultural Zone - A" in the Neighbourhood; Scattered Parcels With Aqricultural Zoninq in Other Urban Nei.qhbourhoods - other lands that still have agricultural zoning are located mainly along the northern edge of the urban area, close to the CPR tracks, in Rouge Park Neighbourhood, Altona Forest area, and a few other small scattered sites mainly between Sheppard and Finch (see Attachment #1); - the Civic Centre, park and Recreation Complex lands also have "Rural Agricultural Zone - A" zoning; - as urban development along the northern edge of Pickering's South Urban Area continues, the area with agricultural zoning continues to shrink. The new urban development in such areas is mainly Iow density residential with carefully designed development standards that ensure compatibility with surrounding uses. Such compatibility could be impacted if abutting agricultural lands were developed for large-scale institutional uses; Zoninq changes to achieve conformity: - any development that may be proposed for the undeveloped parcels should be carefully planned to be compatible with existing urban uses. Retention of institutional uses on an 'as-of-right' basis maintains a continuing risk of large-scale institutional development with possible negative impacts on surrounding land uses; - it is recommended that institutional uses be removed from the "Rural Agricultural Zone - A" as permitted uses in the urban lands of By-law 3036; Information Report No. 14-05 Page 10 0~ 9 4.4 4.5 5.0 6.0 6.1 Continued Agricultural Zoning On Urban Lands it is recommended that remaining "Rural Agricultural Zone - A" lands in the urban area be reviewed as part of the comprehensive zoning by-law review to remove other risks of zoning that may be incompatible with urban development; Zoning For Existing Institutions on Lands Zoned "Rural Agricultural Zone - A" - it is recommended that existing institutional uses continue to be permitted as exceptions to the amended "Rural Agricultural Zone - A" zone category. SUMMARY OF RECOMMENDATIONS It is recommended that: 1. Institutional uses be removed as permitted uses on lands Zoned "Rural Agricultural Zone - A" by Zoning By-laws 3036 and 3037. 2. Existinq institutional uses on lands zoned "Rural Agricultural Zone - A" continue to be permitted as legal conforming uses. o The remaining "Rural Agricultural Zone - A" lands in the urban area be reviewed as part of the comprehensive zoning by-law review to remove other risks of zoning that may be incompatible with urban development. 4. As part of a future work program, evaluate parking standards for places of religious assembly for inclusion in future by-laws. PROCEDURAL INFORMATION General 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 the decision on this Amendment, you must provide comments to the City before Council adopts any by-law for this proposal; 050 Information Report No. 14-05 Page 11 7.0 OTHER INFORMATION 7.1 Attachments 2. 3. 4. 5. 6. 7. 8. Interim Control By-law 6385/04 Council Resolution #130/04 Duffins Precinct Tertiary Plan Tertiary Plan - Duffin Heights Neighbourhood Map 1: Lands Subject to By-laws 3036 and 3037 Map 2: Rural and Urban Areas Subject to Zoning By-laws 3036 and 3037 Map 3: Durham Region Official Plan Designations in Pickering Rural Areas Map 4: Pickering Official Plan Designations in Rural Areas OIlIOINAL SIGNED BY ORIGINAL SIGNED BY Steve Gaunt, MCIP, RPP Senior Planner Lynda Taylor, MClP, RPP Manager, Development Review SG:jf Attachments Copy: Director, Planning & Development ~NFOR~AT~ON RL:PO~T#~ TA~H,v,ENT # REPORT # PD THE CORPORATION OF THE CI~ OF PICKERING BY-LAW NO. 6385'~04 Being an "Interim Control By-law" passed pursuant to Section 38(1) of the Planning Act, R.S.O. 1990, as amended, for lands in the City of Pickering WHEREAS the Council of The Corporation of the City of:Pickering, pursuant to Section 38(1) of the Planning Act, R_S.O. 1990, as amended, :has passed Beselution 130/04, directing that a review or study be undertaken in respect of land use planning policies for Institutional Uses in Agricultural Zones for various lands in the City of-:Pickering; AND wHEREAS SectiOn 38(1) of the Planning. Act, R.S.O. 1990; as amended, authorizes the Council of a local municipality to pass an "interim Control: By-laW' to prohibit the use of land, 'buildings or structureS W, ithin the municipali~ .or within any defined area or areas thereof for, or except for, such purposes as are, set out. in the By-Law; AND WHEREAS the Council of The Corporation of the City of Picketing deems it appropriate to pass an "Interim Control By-law" for those lands designated Interim Control Area on Schedule I attached hereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE ! Schedules I & II attached to this By*law, with notations and refe[ences shown thereon, is hereby declared to be part'of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands zoned 'A - Rural Agricultural Zone' and designated "interim Control Area" on. SChedules I & II at~ached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered exCept in Conformity with the provisions and / or requirements of.this By-law. DEFINITIONS In this By;law: (1) "interim Contro~ Bv-iaw" shal! mesr~ s. by-law as defined ir~ Settlor, 38(I) of the PianningAc~, R.S.O. 1990, as amended; (2) "Interim Control Ares" shali mean those lands crosshatched or, Schedule [ attached hereto; and, PROVISIONS (t) Uses Permitted ("inierim Control Ares") 051 0-52 INFORMATION (a) existing lawful uses; -2- A .,'TTACHMEN.? # /' TO REPORT # PD (b) minor additions to existing lawful uses; (c) for lands Subject to Zoning By-law 3036: (i) agricultural Uses as set out.in Section 7.1.2; (ii) accessory agricultural residential uses as set out in Section 7.1.2.1; (iii) recreational uses as set out in Section 7.1..3; and, (iv) business uses as set out in Section 7.1.4.2 in Zoning By-law 3036; and, (d)' for lands subject to Zoning By-law 3037: (i) residential uses as set out in Section 6.1.'1; (ii) home occupation uses as set out in Section 6.1.1.1; (iii) agricultural uses as set out in section 6..1.2; (iv) accessory agricultural resideatial, uses as set out in section 6.1.2.1; (v) recreational uses as set out in section 6.1.3; and, (vi) business uses as set out in Section 6.'1.4.2 of Zoning By-law 3037. (2) Zone Requirements ("Interim Control Area") No person shall, within the "Interim Control Area" identified on Schedules I& 11 attached hereto, use any lot or erect, alter or use. any building or structure unless it complies with the zone requirements for "Rural Ag~:icultural Zone A" set.out in Sections 7.2, 7.3 and 7.4 in Zoning By-law 3036: or Sections 6.2 and 6.3 of Zoning By-law 3037 respectively unless such uses legally existed on the day prior to the date of the. passing Of this by-law. BY-LAW APPLICABILITY Definitions and subject matters not specifically dealt with in this nterim Control By-law shall be governed by relevant provisions of Zoning By-law 3036 as amended, and Zoning By-law 3037 as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof and shall remain in effect for one (1) year from the date of passing hereof, unless repealed or extended in a6cordance with the provisions of the Planning Act, R.S.O. 1990, as amended. BY-LAW read a f. irst, second, and third time and finally passed tills 18 day of Q:t o~,} r 2004. David' ~~% - -- Bruce Taylor Clerk ATTACHMENT #..~1~ INFORMAllON REIN:)R,)"# i~ '~)~m A?!AOHUENT ~~TO ' REPORT # PD_ 3'5-,C,~,~ ~ XVPV --t0 N,¥,OI 'O53 054 ATTACHMENT #~"l~ !NFORMATiON RER3RT~ i~-E)~ 4~ACHMENT ~,-~TO ~Pol~T ~ PD~.3.5 "~'5 ' INTERIM CONTROL AREA SCHEDULE ]TTO BY-LAW 6385/o4 PASSED THIS DAY - Octolx~r 9 0~-_._~~ ...... ~ , 'ORMA ON CORPORATE SERVICES DEPARTMENT CLERK'S DIVISION MEMORANDUM October t9, 2004 TO: Nell Carroll, Director, Planning & Development OCT ~ £Uu~ CITY OF. PICKERING PLANNING & DEVELOPMENT DEPARTMENT FROi'~: Bruce Taylor, City Clerk SUBJECT: Referrals from the Council Meeting of October 18, 2004 Please be advised that the Council of the City of Pickering passed Resolution #130/04, at the Council Meeting of October 18, 2004, as follows: That staff be directed to undertake a review of the land use planning poiicies to evaluate the appropriateness of institutional uses for 'all lands zoned "A - Rural Agricultural" in .By-laws 3036 and 3037 in the City, including lands identified on Schedules I and II in the proposed interim Control By-law with respect to zoning conformity with the current official plan designations, and uses to be permitted in the zoning by-laws. Taylor BT:dw Copy: T.J. Quinn, Chief Administrative Officer E. Buntsma, (Acting) Chief Administrative Officer NOTE: FROM THIS POIN~ · NORTH, THE TOP OF BANK HAS BEEN ESTIMATED ( L <; 4 SCHOOL MAJOR OAK RD,. ATTACHMENT #3 TO INFORMATION REPORT # 14-05 / / LEGEND TOP OF BANK MAJOR SPINK ESA ~ "*' BOUNDARY FORESTED AREA '"' '" '" REGIONAL FLOOD LINE DEVELOPMENT AREAS POTENTIAL STORM WATER MANAGEMENT PONE) SIGNIFICANT VISTAS BUILDING FOCAL POINT BUILD-TO LINES 1 O0 80 60,40 20 0 100 2,0~0 300 400 METRES ? T~unton Road INPI 057 City of Pickering Planning & Development Department FIGURE A TERTIARY PLAN - DUFFIN HEIGHTS NEIGHBOURHOOD REGION~ FLOODUNE [~ T~LE~D FO~ BNP [ ~'-: .--: b~JOR FOC~ POI~ ~ ~RE SCALE 1:12500 I00 0 APR. 22, 2003 WIqlTEVALE ( -l LEGEND CHURCHES AND CEMETERIES ZONED "RURAL AGRICULTURAL ZONE-A" m m m m m ZO",NG,¥.,.AW City of Pickering J Planning & Development Department MAP 1: LANDS SUBJECTTO ZONING BY-LAWS 3036 & 3037 I© DAq'E: MAY 30, 2005 _L ATTACHMENT I iURAL ARE, SEATON U BAN STI 1F/ 2LAREMONT ~ URBAN AR LEGEND CHURCHES AND CEMETERIES ZONED "RURAL AGRICULTURAL ZONE-A" RBAI ARE~ City of Pickering MAP 2: RURAL AND URBAN AREAS SUBJECT TO ZONING BY-LAWS 3036 & 3037 Planning & Development Department i DATE: MAY 30, 2005 - plen of ATT,~,HI~EHT# 7' "~ Z / ~TACH~ENT ~ /_ . TO ' ,q~PORT # PD_ ~YD5 4: PICKERIN~ DESIGNATIONS IN OPEN SPACE SYSTEM FREEW/,,..YS AND M,~IOR UTILITIES OTI[ER DESIGNATIONS · ~.,~ ~__..~¢..:Q~_ ............. Excerpts from Statutory Public Information Meeting PursUant to the Planning Act Minutes Thursday, June 16, 2005 7:00 P.M. O60 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. ([[[) CITY INITIATED: ZONING BY-LAW AMENDMENT APPLICATION A 15/05 TO RESTRICT INSTITUTIONAL USES ON LANDS ZONED "RURAL AGRICULTURAL ZONE - A" ZONING BY-LAWS 3036 AND 3037 Steve Gaunt, Senior Planner, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #14/05. Applicant was not present. No comments from the public. 061 ANSAR MEDICAL SERVICES INC. Miracle Medical & Professional Centre 1825 Markham Rd, Suite 105, Scarborough, Ontado MIB 4Z9 Tel: (416) 609-2642; Fax: (416) 609-3579 Email: i,nfo@ensararoup.com Web: www. ansargroup.com Mr. Bruce Taylor, AaM.C.T. City Clerk Corporate Services Deparm~em City of ?ickering O~e The Esplanade Picketing ON L1V 6K7 FAX: (905) 420-9(~5 June I0, 2005 Dear Mr. Taylor: Re: Zoning By-law Amendment Application A 15/0~, Removal of Institutional use. We are the Owners of two adjacent properties, 2177 Brock Road and 2188 Brock Road. We purchased these properties by paying prime dollar amount in November 2004 and January 2005 respectively. We bought these properties m~inly because of the existing permitted uses at the time of pm:base, under section 7, particularly Instkutional use (Sub. Sec.; 7.1.4.1). This is impoCamt use for our community and we ate planning to develop and use this property for institutional use. Therefore, we reserve the fight to appeal any decision by the City of Pickering regarding the zoning By-law Amendmea~t Application A 15/05, proposing removal of Institutional Uses. Please record this letter in your proceedings accordingly. Kindly forward a copy of this letter to the Mayor, Lynda Taylor and Steve Gaunt. Thank you. Sincerely, President Copy sent via fnesimile to the following: Mayor, Dave Ryan, City of Picketing Rick, Johnson, Coancillor David Pick]es, Councillor Lynda Taylor, Manager Steve Ga'ant, Senior Planner Khalil Syed, Architect ANSAR MEDICAL SERVICES INC. Miracle Medical & Professional Centre 1825 Markham Roi, Suite 105, Scarl>orough, Ontario M1 B 47_9 Tel: (416) 609-2642; Fax: (416) 609-3579 Email: i_nfo(&an~ar0rouo-com Web: www. ansargroup.corn 062 Mr. Bruce Taylor, A.M.C.T. ¢~y Clerk Corporate Services Department City of Picketing One Thc Esplanade Picketing ON L1V 6K7 FAX: (905) 420-9685 June 13, 2005 Dear Mr. Taylcn~. Re: Zoning By-law Amendment Application A 15/05, Removal of Institutional use. We are the Ovnlers of two adjacent prOPerties, 2177 Brock Road and 2185 Brock Road. We purchased thc-se properties by paying prime dollar amount in November 2004 and January 2005 respectively. We bought these properties mainly because &the existing permilXed uses at th~ time of purchase, under section 7, particularly Institutional use (Sub. S¢¢.; 7.1A.1). This is an important use for our cotl~unixy and we arv planing to develop and use this property for Institutional use. Thereforr, we reserve the right to appeal any decision by the City of Picketing regarding the zoning By.law Amendment Application A 15/05, proposing removal of Institutional Uses. Please record lttis letter in your proccv3Jngs accordingly. Kindly tm-ward a copy &this letter to the Mayor, Lynda Taylor and Steve Gaunt. Thank you. Sincerely, President P.S, Please note correction ca the second property address. Correct address is 2185 Brock Road and not 2188 Brock Rd. It wu n typo error in my earlier fax dated Jmae 10, 2005. Copy sent via fa~imile to the following: Mayor, Dave Ryan, City of Picketing RAck, Johnson, Cotmcillor David Pickles, Councillor Lynda Taylor, Manager Steve Gaunt, Sv'nior Planner Khalil Syed, Architect 063 The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TM FLOOR June 21,2005 Steve Gaunt, Senior Planner Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Gaunt: Re: Zoning Amendment Application A15/05 Applicant: City of Pickering Location: All lands Zoned "Rural Agricultural Zone - A" by By-laws 3036 and 3037 (All lands north of Highway 401 ) Municipality: City of Pickering PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ region.durham.on.ca www.reg'on.durham.on.ca A.L Georgieff, MClP, RPP Commissioner of Planning This application has been reviewed and the following comments are offered. The purpose of this application is to amend Zoning By-laws 3036 and 3037 to remove institutional uses as permitted uses on all lands zoned "Rural Agricultural Zone - A", except for existing institutional uses. The Regional Official Plan encourages ~nstitutional uses to locate within Urban Areas. We have no objection to the zoning amendment. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planning Analyst Current Operations Branch "Service Excellence rot our ~,e~llfllLIllltl~ N:\olm\dc~Zoning;Cornments\Pickeon§~,15-05.doc 100% Post Consumer The Corporation of the The Regional Mumcipality cf' Durham June 7th, 2005 Bruce Taylor, Clerk City of Pickering Pickering Civic Complex One The Esplanade Pickering ON L1V 6K7 JUN 1 0 2005 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT 064 51 Toronto Street South P.O. Box 190 Uxbndge, ON L9P iti Telephone (905) 852-9181 Facsimile (905) 852-9674 Web www. t_~ll~,~ridge, o n. ca 'o70~ RE: ZONING BY-LWAS AMENDMENT APPLICATION A 15/05 TOWNSHIP FILE: GR-302 Please be advised that during the regular meeting of the Planning Committee for the Township of Uxbridge on June 6th, 2005, the following motion was carried: "THAT staff be directed to forward a letter to the City of Pickering advising that the Township of Uxbridge has no objections to the proposed Zoning By-law Amendment Application A 15/05." I trust this meets with your approval. Yours truly, Debbie Leroux, Clerk /des .~:.1 pm~z.& FOL., ~ ~e.~. I 8uppt.v & 8ERV. i 065 Telephone 905-668-5803 Toronto 905-686-2621 Fax 905-686-7005 THE CORPORATION OF THE TOWN OF WHVfBY In the Regional Municipality of Durham MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario Canada LIN 2M8 PLANNING DEPARTMENT N1AY I 9 2005 CiTY OF PIOKERING PLANNING & DEVELOPMENT DEPARTMENT May 17, 2005 Steve Gaunt, Senior Planner City of Pickering One The Esplanade Pickering, ON L1V 6K7 RE: ZONING BY-LAW AMENDMENT APPLICATION A 15/05 The Town of Whitby Planning Department have no comment regarding the above noted. Yours truly, Robert B. Short, MCIP, RPP Director of Planning RBS/mp VERIDIAN CONNECTIONS ~A¥ 2 7 200§ DEVELOPMENT APPLICATION REVIEW (:3VFY @F PjCKERibIG ~LANNING & DEVELOPMENT , I~ E P_~LT_M~ NT , NO.: Council Kc~ol~tion #130/0~- SUBMISSION DATF.'.~~ ~k;~ litU~cga tiBoY~L~'~ 5~ 0m;ndment ~ '1. Vefi~an Connections has no objection to the proposed rezoning app~c.,tfion. Technical Rep:esentative - Peter Petriw, P,Etag. Telephone 427-9870 Ext, 3252 pP/df r~;7;ORT -// PD ,,-~-'-~-0"~ , -'.B~,LAW 'I , ,~',037 ,/ Ii -i' _.. ~ LJ~ ~ ~ .... /'!~w.¢~' ,~.~.~ ~ ~ _. -, .... !.~ lid I,~ ~ HINDU CULTU~L CENTRE ~il Mil IIIBBBEBBIIi,Ifll ~ P : ~ 8~-8~ FINCH AVENUE ]~ 3 )361 ~ ~ ~'~ lilil zo,,.~.,.~w~,, '~~~ ~ ~ .. ~ ....... Ci~ of Picketing Planning & Development Depa~ment MAP 1: EXISTING INSTITUTIONAL USES FILE: A 15/05 I DATE: MAY 30, 2005 ZONED "RURAL AGRICULTURAL ZONE A" ~o ~ 068 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Draft Plan of Subdivision Application S-P-2002-06 submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 36-05; and That Zoning By-law Amendment Application A 27/02, submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to establish performance standards to permit the development of a plan of subdivision for semi-detached and townhouse dwelling units, be APPROVED; and That the amending zoning by-law, to implement Zoning By-law Amendment Application A 27/02, as set out in Appendix II to Report PD 36-05, be FORWARDED to City Council for enactment; and That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting notice, public meeting report and at the public meeting differs to some degree from that presented in the Information Report No. 07-03 presented at the February 20, 2003 Public Information Meeting, such difference are not substantial enough to require further notice and another public meeting. 069 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 36-05 Date: August 29, 2005 From: Nell Carroll Director, Planning & Development Subject: Draft Plan of Subdivision Application S-P-2002-06 Zoning By-law Amendment Application A 27/02 Silver Lane Estates Inc. on behalf of E. Williamson Part of Lot 32, Concession 1 City of Pickering Recommendation: That Draft Plan of Subdivision Application S-P-2002-06 submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 36-05. That Zoning By-law Amendment Application A 27/02 submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to establish performance standards to permit the development of a plan of subdivision for semi-detached and townhouse dwelling units, be APPROVED. That the amending zoning by-law, to implement Zoning By-law Amendment Application A 27/02, as set out in Appendix II to Report PD 36-05, be FORWARDED to City Council for enactment. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting notice, public meeting report and at the public meeting differs to some degree from that presented in the Information Report No. 07-03 presented at the February 20, 2003 Public Information Meeting, such difference are not substantial enough to require further notice and another public meeting. Executive Summary: The applicant proposes to develop a draft plan of subdivision consisting of 53 dwelling units (6 semi-detached dwellings and 47 street townhouse dwellings). The semi-detached lots will front onto Treetop Way, while the townhouse lots will front onto a new municipal street being the extension of Calvington Drive. The draft plan also proposes the creation of blocks for open space and stormwater purposes. The applicant proposes to amend the current zoning to allow the proposed dwelling units with appropriate performance standards, to permit the implementation of the draft plan. Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August29,2005 Page 2 070 The proposed lotting fabric of all street townhouses on both sides of the extension of Calvington Drive will result in minimal opportunity for on-street parking due to the spacing of driveways. Off-street parking opportunity will also be at s premium. This lack of sufficient parking opportunity needs to be addressed. In order to provide additional curb space for on-street parking, the spacing between driveways needs to be increased. To accommodate this, the type of dwelling unit on the draft plan may have to change. The introduction of single detached and/or semi-detached dwellings in addition to street townhouses would provide greater ability to increase opportunity for both on-street and off-street parking. Therefore it is recommended that a flexible zoning be applied to the blocks within this plan of subdivision that allows detached, semi-detached, and townhouse housing forms. Prior to the formal issuance of draft plan conditions of approval a revised plan shall be required to be submitted to the satisfaction of the Director, Planning & Development that incorporates a mix of dwelling types that achieves improved on-street and off-street vehicle accommodation. The recommended applications propose development that is considered compatible with the surrounding land uses and provides a mix of housing units. The recommended development is considered appropriate as it implements the Official Plan.. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Introduction Silver Lane Estates Inc. on behalf of E. Williamson have submitted applications for approval of a draft plan of subdivision and an amendment to the zoning by-law in order to implement the proposed draft plan on the subject lands (see Location Map, Attachment #1). The original draft plan of subdivision was proposed to create lots for detached dwellings and semi-detached dwellings along with blocks for open space and stormwater management purposes (see Attachment #2). The draft plan proposes the creation of one new municipal street, being the extension of Calvington Drive. All of the dwelling units will front onto a municipal street. Since the public meeting the applicant has submitted a revised draft plan of subdivision. The revised draft plan of subdivision continues to propose the same street pattern with the changes being related to the type of dwelling units and to the configuration of the open space blocks. Changes include an increase in the number of dwelling units, the elimination of detached dwellings and the introduction of townhouse dwelling units. The applicant has also added additional lands to the draft plan of subdivision. These additional lands are applicant's revised development plan is provided for reference (see Attachment #3). 071 Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 3 1.1 2.0 2.1 Additional Lands Added to the Development The applicant has added additional land to the development along the southern boundary of the original draft plan. The additional lands are proposed to be used for a stormwater management facility and for open space purposes. Since these lands have been added following the Statutory Pubic Information Meeting, they can not be included in the recommended amending zoning by-law as these lands have not been the subject of a formal public meeting. The consideration for amending the zoning for these lands must first be the subject of a public meeting that has had the required circulation of notification of the public meeting. Similarly the application for approval of the draft plan approval cannot consider these additional lands as no public meeting was held on them. Given that these additional lands are intended to be dedicated to public authorities this can occur as part of the conditions of approval for the subdivision. The following chart outlines the proposed development detail: Details of the Applications Total area of draft plan Residential area Future residential development blocks Open space blocks Stormwater pond block Municipal street Detached dwellings Semi-detached dwellings Townhouse dwellings Total dwelling units Density Ori.qinal Plan Revised Plan (see Attachment #2) (see Attachment #3) 3.94 ha -- 5.47 ha 1.26 ha -- 1.14ha 0.20 ha -- 0.21 ha -- 1.78 ha -- 0.12 ha - 0.45 ha -- 30 -- 10 - 0 -- 40 - 32 units/ha -- 2.92 ha -- 0.74 ha -- 0.45 ha -- 0 -- 6 -- 47 -- 53 -- 46 units/ha Comments Received At the February 20, 2003, Public Information Meeting One abutting property owner appeared at the meeting to voice their concern with issues related to functional servicing, stormwater management, storm sewers and property access (see text of Information Report and Meeting Minutes, Attachments #4 and #5). Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 4 072 2.2 2.3 Agency Comments Region of Durham The proposal is permitted by the policies of the Durham Region Official Plan; Municipal water supply and sanitary sewer service can be provided; The applications have been screened in accordance with Provincial Interests and Delegated Review and there is no concern with the applications; The Region has no objection to the applications and has provided condition of approval (see Attachment #6); Toronto and Region Conservation Authority No objections to the applications subject to the applicant fulfilling certain conditions of approval and concluding certain technical design matters (see Attachment #7); No other agency that provided any comments has any objection to the subject applications. Certain technical issues and requirements related to the proposed use of the site can be addressed during the subdivision approval process, if this application is approved. City Departments Development Control Has provided detailed comments on the submitted material noting that certain technical matters will have to be addressed during the detailed design if this application is approved (see Attachment #-8); Municipal Property & Engineering - Cash in-lieu of parkland dedication is required. -Certain technical design matters will need to be advanced during the detailed design if the applications are approved; - Open space blocks are to be conveyed to a public authority (see Attachment #9); 3.0 Discussion The Proposed Density/Number of Dwelling Units is Appropriate The developable portion of the subject property is designated Urban Residential Area - Medium Density Area in the Pickering Official Plan. Lands designated Urban Residential Area - Medium Density Area permits, amongst others, a varie[y of residemiai u~u~ if~dudiJ,9 ~,,,,-u~t~,,~u uvv~,,,,,~o o,,,~ ,,.,v,,,,,,.. .... dwelling units. 073 Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 5 The Pickering Official Plan establishes a density range of over 30 and up to and including 80 dwelling units per hectare for development within an Urban Residential Area - Medium Density Area. Development proposed by the applicant reflects a density of 46 units per hectare. The introduction of a variety of housing types, as recommended by staff to improve vehicle parking accommodation, will reduce the overall density for the subdivision but still fall within the required density range. The recommended applications comply with the Official Plan and represent appropriate development for the subject lands. Vehicle Parking A moderate increase in housing units is brought about by the introduction of a townhouse housing form on Calvington Drive on the applicant's revised plan. Temporary on-street vehicle parking will be very limited. Special consideration must be given to house design, house siting, and sidewalk placement to maximize off-street parking opportunity. A specific condition of approval has been included in Appendix I (Recommended Conditions of Approval) to address this matter. It is noted that any freehold development at the medium density scale will bring vehicle parking challenges. By introducing flexible zoning that allows either detached, semi-detached or townhouse housing forms on blocks in the plan, additional opportunity will be provided to help maximize on-street and off-street parking. The draft plan should be revised, prior to the issuance of formal Conditions of Approval, to incorporate other dwelling types that will improve opportunity for on-street and off-street parking. Natural Open Space Lands being Conveyed to Public Authority Lands that are designated Open Space Systems- Natural Area are intended to be used primarily for conservation, environmental protection, restoration, education passive recreation and similar uses. The land that are part of the subdivision that are designated Open Space Systems - Natural Area are proposed to be conveyed to a public authority and used for natural area and for stormwater management. This complies with the intent of the City of Pickering Official Plan. Townhouses are Compatible with Existing Neighbourhood The proposed form of residential land use complies with the Official Plan. The proposed townhouses and semi-detached dwellings are compatible with the surrounding forms of residential dwellings which is a mix of detached, semi-detached and townhouse dwelling units. The introduction of a greater mix of dwelling types on the extension of Calvington Drive will further improve the mix of dwelling types. Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 6 O74 3.1 The issue of urban design is an important consideration that must be addressed. This matter deals with massing and design of the buildings. While detailed building designs have not been undertaken (which is common for this stage of the development process) the applicant will be required to prepare an architectural design statement. If this application is approved, it will be a requirement that the buildings facing a public view be designed with a high order of urban design. The proposed development is considered compatible with the surrounding land uses. Technical Matters Fencing of the Site is Required The subject draft plan will require the residential lands to be fenced were they abut open space lands. Fencing of the entire open space blocks will be considered during the detail design phase. Prior to the installation of the permanent fence, a temporary construction fence will be erected and maintained. Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that both temporary and permanent fencing will be installed as per approved plans. Subdivision Agreement will be required to Address Development A future subdivision agreement between the City and the owner of the lands will be required to ensure that all matters of interest to the City are protected. This required agreement, and several other development implementation matters, are incorporated into the recommended conditions of approval for this application and are found in Appendix I to this Report. The subdivision agreement will specifically address the requirement for the conveyance of the land for the stormwater management block that is located outside of the proposed draft approved plan of subdivision and for the applicant to be responsible for the construction of the stormwater facility. Cash-in-Lieu of Parkland As no park blocks form part of the draft plan, the City will accept cash-in lieu from the subdivider in order to satisfy Section 42(1) of the Planning Act. Edge Management/Open Space Restoration An edge management plan will be required where the residential development abuts open space lands. As pad of the detailed design for the subdivision the owner will be required to prepare an edge management plan to the City's satisfaction. The edge management plan may result in planting of appropriate species and the removal of dead or declining trees. O75 Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 7 Amending Zoning By-law The amending zoning by-law that is being recommended only covers the lands that were subject to the original application. The revised application incorporates additional land that has not been the subject of a formal public meeting. Therefore the rezoning of these lands cannot be considered until the required public meeting has occurred. A draft of the implementing zoning by-law is attached as Appendix II and is recommended for adoption by Council. The applicant has requested special consideration in the amending zoning by-law for some of the proposed dwelling units. The reduced standards relate to rear yard depths and side yard widths, both interior and flanking side yards. The applicant has requested a reduced rear yard depth of approximately 5.5 metres for numerous dwelling units whereas the City's general standard is 7.5 metre rear yard depth. For one specific lot the minimum rear yard depth of 2.0 metres has been requested. The requests are a result of the lotting fabric of the draft plan that does not proposes traditional rectangle shaped lot. For the semi-detached lots proposed to front onto Treetop Way, the zoning should be the same as the zoning for the existing semi-detached lots on Treetop Way. Further, the zoning for Blocks 12, 13 and 14, should match the zoning that presently applies to the abutting blocks of lands that will be merged to form building lots. The performance standards for these future lots should be consistent. The recommended zoning incorporates provisions that allow flexibility to incorporate detached and semi-detached dwelling types in addition to townhouses. This will help to resolve the issue of lack of on-street parking. By recommending this flexible multi-residential zone the subdivision can be revised and finalized without further modifications to the zoning by-law. The applicant requests a special reduced rear yard depth provision for specific townhouse units. The City's standard rear yard depth is 7.5 metres. This is the standard that has been established in the neighbourhood. Special consideration is requested for two proposed lots that have irregular configurations and therefore require special building designs. The applicant should demonstrate that all possible house designs have been explored for these lots prior to any special zoning being granted. This information has not been presented, therefore staff are recommending the standard rear yard depth. If issues remain following the completion of a full investigation of house design, then consideration can be given to these unique situations through an application to the Committee of Adjustment. Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 8 076 4.0 Formal Conditions of Draft Plan of Subdivision Prior to the issuance of the formal conditions of draft plan of subdivision the owner shall submit a revised draft plan of subdivision that addresses the issues identified in this report. The revised draft plan of subdivision should incorporate some alternative dwelling types that address the issue of lack of on-street parking. The revised draft plan of subdivision should also consider the lotting fabric in order to overcome the irregular lots that resulted in difficult house sittings in terms of zoning by-law compliance. Applicant's Comments The applicant has been advised of the recommendations of this report. The applicant prefers to receive approval of the revised draft plan of subdivision as submitted by them (6 semi-detached dwellings and 47 street townhouse dwellings). APPENDICES: APPENDIX I: APPENDIX I1: Recommended Conditions of Approval for S-P-2001-02 Draft Implementing Zoning By-law for A 27/02 Attachments: 2. 3. 4. 5. 6. 7. 8. 9. Location Map Original Draft Plan of Subdivision Revised Draft Plan of Subdivision Text of Information Meeting Report Minutes from November 20, 2003, Statutory Public Information Meeting Agency Comments - Region of Durham Planning Department Agency Comments - TRCA City Department Comment - Development Control City Department Comment - Municipal Property & Engineering 077 Report PD 36-05 Subject: Draft Plan of Subdivision S-P-2002-06 Date: August 29, 2005 Page 9 Prepared By: Ross Pym, MCIP, RP¢/' Principal Planner- Development Review Approved / Endorsed By: Neil ~rroll,-~~ Development Director, Planning-& Lynda Taylor, MCIP, RPP Manager, Development Review RP:Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City//Cou~o~ , ',~-'" Tho~a~ ~J~- Qui¢, Chi6~dmin~~~ APPENDIX I TO REPORT NUMBER PD 36-05 078 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2002-06 O79 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2002-06 1.0 1.1 2.0 2.1 2.2 2.3 2.3.1 2.3.2 GENERAL CONDITIONS That this recommendation apply to the draft plan prepared by Humphries Planning Group Inc. Ltd., dated March 9, 2004 which is to be revised in accordance with the comments contained in Report PD 36-06 for Draft Plan of Subdivision Application S-P-2002-06 submitted by Silver Lane Estates Inc. on behalf of E. Williamson, on lands being Part of Lot 32, Concession 1, City of Pickering, to permit the development of semi-detached dwellings, townhouse dwelling units, future development blocks, open space blocks and a new municipal street, as red-lined to remove the southern portion of Block 16 and the southern portion of Block 18. PRIOR TO THE REGISTRATION OF THE PLAN: That the owners submit a Draft 40M-Plan to be approved by the City's Planning & Development Department; That the implementing by-law for Zoning By-law Amendment Application A 27/02 become final and binding; That the owner enter into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the following: Storm Drainaqe (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department for contributions for down stream stormwater management; Gradinq Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan; (b) satisfaction of the Director, Planning & Development Department respecting the submission and approval of a geotechnical soils analysis; -2- 080 2.3.3 2.3.4 2.3.5 2.3.6 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs; Sidewalks (a) that the owner construct a sidewalk along the west, south and east sides of Calvington Drive, to the satisfaction of the Director, Planning & Development Department; Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; Dedications / Transfers / Conveyances (a) that the owner convey to the City, at no costs: (i) Block 16; (ii)Land for the proposed stormwater Plan 40R-11901 (iii) any easements as required; and; (iv) any reserves as required by the City; facility being part of Part 4, (b) that the owner convey those lands shown on the draft plan as Block 18 that is outside of the draft approved plan of subdivision to a public authority in a condition acceptable to the public authority for open space purpose; (c) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility; 081 -3- 2.3.7 2.3.8 2.3.9 2.3.10 2.3.11 Construction Management Plan (a) that the owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) ensurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; Development Charqes (a) satisfaction of the City financially with respect to the Development Charges Act. Coordinated Development (a) satisfaction of the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required; Fencinq (a) satisfaction of the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; (b) satisfaction of the City with respect to the provision of a fence where Blocks 4, 5, 6, 7, 8, 9, and 15 abut an open space block or the stormwater management facility block, to the satisfaction of the Director, Planning & Development Department; Street Tree Plantinq (a) the submission of a street tree planting plan to the satisfaction of the City; -4- O82 2.3.12 Design Planninq (a) the satisfaction of the Director, Planning & Development Department respecting a report outlining siting and architectural design objectives for the development, and the submission of site plans and architectural drawings identifying how each unit meets the objectives of the report, prior to the issuance of any building permit for the construction of a residential unit on the lands; (b) the report outlining siting and architectural design objectives for the development must address building envelopes, building designs, siting, and streetscapes as well as garage designs, locations, massing, width, and projection from the main dwelling; (c) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing; (d) that the owner satisfy the City respecting a plan which maximizes the accommodation of both on-street and off-street vehicle parking; 2.3.13 Noise Attenuation (a) that the owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features satisfactory to the Region of Durham, and the City of Pickering; 2.3.14 Engineering Drawinqs (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works; (b) that the engineering plans be coordinated with the architectural design objectives; 2.3.15 Other Approval Aqencies (a) that the subdivider satisfy all the requirements of the Region of Durham; (b) that the subdivider satisfy all the requirements of the Toronto and Region Conservation Authority; and, 083 -5- (c) that any approvals which are required from the Region of Durham or the Toronto and Region Conservation Authority for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals; 2.3.16 Parkland Dedication (a) that the subdivider provide to the City cash-in-lieu of parkland dedications, to the satisfaction of the Director, Planning & Development, in order to satisfy Section 42(1 ) of the Planning Act. APPEND)X H TO R£PORT PD 36-00 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 27/02 O85 THE CORPORATIONBY.LAW NO. O/KERINGTHE 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 for Part Lot 32 Concession 1, in the City of Pickering. (S-P-2002-06 & A 27102) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a range of dwelling types and open space lands on the subject lands being Part of Lot 32, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 32, Concession 1, designated "S-5", "SD-7", "SA-8", and "OS-HL" on Schedule attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (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) "Dwellinq 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) "Dwellinq, Sin.qle or Sin.qle Dwellinq,' shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d)"Dwellinq, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (e) "Multiple Dwelling-Horizontal" shall mean a building containing three or more dwelling units attached horizontally, not vertically by an above grade wall or walls; -2- "Multiple Dwellinq-Vertical" shall mean a building containing three or more dwelling units attached vertically, by an above grade wall or walls, or an above grade floor or floors, or both; "Dwellin.q, Semi-Detached or Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the foundation to the roof line and for a horizontal distance of not less than 6.0 metres; (h) "Dwellinch Sin.qle Attached" shall mean one group of not less than three single adjacent units, attached together horizontally by an above grade common wall; (3) (a)"FIoor Area - Residential" shall mean the area 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; (4) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" 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; (5) "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; (6) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; 086 087 -3- "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flanka.qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) . "Flankaqe 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; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("S5" Zone) No person shall within the lands designated "S5" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements ("S5" Zone) No person shall within the lands designated "S5" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 250 square metres; (ii) Lot Frontage 9.0 metres; (minimum): (iii) Front Yard Depth 4.5 metres; (minimum): (iv) Rear Yard Depth 7.5 metres; (minimum): (v) Side Yard Width 1.2 metres on one side and 0.6 metres on (minimum): the other side; (vi) Flankage SideYard 2.7 metres; Width (minimum): (vii) Building Height 12.0 metres; (maximum): (viii) Lot coverage 38 percent; (maximum): (ix) Gross floor area per 100 square metres; dwelling unit (minimum): -4- (x) Garage minimum one private garage per lot ,~~~uirements: 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 9 from any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; (xi) Garage Projection 2.5 metres beyond the wall containing (maximum): the main entrance to the dwelling unit; (xii) Uncovered steps and 1.5 metres for any uncovered steps and platform projection platform not exceeding 2.0 metres in into rear yard height; (maximum): (xiii) Minimum building the horizontal distance between separation: buildings on adjacent lots shall be a minimum of 1.2 metres; O88 (2) (a) Uses Permitted ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) semi-detached dwelling; (b) Zone Requirements ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 205 square metres; (ii) Lot Frontage 7.0 metres; (minimum): (iii) Front Yard Depth 4.5 metres; (minimum): (iv) Rear Yard Depth 7.5 metres; (minimum): (v) Side Yard Width (minimum): 1.2 metres on one side; and, on the side where dwellings on adjacent lots are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, or a direct extension thereof, shall be set back from the lot line separating such lots as follows; 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; (vi) Flankage Side Yard 2.7 metres; Width (minimum): 089 -5- (vii) Building Height (maximum): Lot coverage (maximum): Gross floor area per dwelling unit (minimum): Garage Requirements: (xi) Garage Projection (maximum): (xiJ) Uncovered steps and platform projection into rear yard (maximum): (3) (a) Uses Permitted ("SA-8" Zone) 12.0 metres; 50 percent; 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 any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; 2.5 metres beyond the wall containing the main entrance to the dwelling unit; 1.5 metres for any uncovered steps and platform not exceeding 2.0 metres in height. No person shall within the lands designated "SA-8" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) single attached dwelling; (b) Zone Requirements ("SA-8" Zone) No person shall within the lands designated "SA-8" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) Lot Area (minimum): 180 square metres; (ii) Lot Frontage 6.0 metres; (minimum): (iii) Front Yard Depth 4.5 metres; (minimum): (iv) Rear Yard Depth 7.5 metres; (minimum): (v) Side Yard Width (minimum): 1.2 metres except that no interior side yard shall be provided on the side where dwellings on adjacent lots are attached together, so long as every wall on such side which is not part of a common wall extending along the side lot line separating such lots, or is not a direct extension thereof, shall be setback from the side lot line separating such lots as follows: 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; ~) (x) -6- Flankage Side Yard Width (minimum): Building Height (maximum): Lot coverage (maximum): Gross floor area per dwelling unit (minimum): Garage Requirements: (xi) Garage Projection (maximum): (xii) Uncovered steps and platform projection into rear yard (maximum): 2.7 metres; 12.0 metres; 50 percent; 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 any side lot line immediately adjoining or abutting on a reserve on the opposite side of the street; 2.5 metres beyond the wall containing the main entrance to the dwelling unit; 1.5 metres for any uncovered steps and platform not exceeding 2.0 metres in height. 090 (4) (a) Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife; (ii) resource management; (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. MODEL HOMES Despite the provisions of clause 6.1 of By-law 3036, a maximum of 6 Model Homes, together with not fewer than two parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached hereto prior to division of those lands by registration of a plan of subdivision or condominium. For the purposes of this By-law, "Model Home" shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. 091 BY-LAW By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the P/anning Act. BY-LAW read a first, second, and third time and finally passed this ,2005. day of David Ryan, May Debi A. Be"~ly, ~ ~ STROUDS "'~ OS-HL PARTS 1 & 2, 092 SCHEDULE T TO BY-LAW ~__~1~¢~ PASSED THIS DAY OF 2 MAYOR CLERK 093 ATTACHMENT d [ ,,, TO REPORT t PD .'~G-0.5 ~INE GROVE CRESCENT CHARNWOOD TRANQUIL POST ~TCREEK PROPERTY STREEt -- ~ ~.~__ FOXWOOD FOXWOOD L~NE -- STREET AUTUMN City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 32, CON. I ~ OWNER EDWARD WILLIAMSON DATE DEC. 23, 2002 DRAWN BY JB FILE No. SP 2002-06; A27/02 SCALE 1:7500 CHECKED BY EB FOR DEPARTMENT USE ONLY PN-10 PA- INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - SP 2002-06; A27/02 094 ORIGINAL SUBMITTED PLAN $ TBOUO$ LA NE OPEN SPACE BLOCK 47 (17Bg ho - 457 oc) ~ton ; Opan Spo BLOCK ut.Devel/Swr BLOCK 39 Developmen [ · BLOCK ~-O Fut. Devel Swm ~ BL~CK 42 PLANNING & DEVEL QPIZENT OE?APT~£1VT, INFORI4ATIOIW & SLIPPOI?T SERVICES, FEE~RUARY 5, 2005. AI'rACHMEITT ~,, -~ TO 0 9 5 REPORT ~d PD INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - SP 2002-06; A27/02 149,6 BLOCK 17 ',RA NB Y 858 CALVINGTON DRIVE 105.9 BLOCK 16 157.8 rills ~,4P WAS PRODUCED BY ?HE CI7¥ OF PICKERING, PLANNING ~: DEVEL OPMEN7- DEPAR?MENr, INFORMATION & SUPPORT SERVICES, AUGUS? 17, 2004. 096 PICKERING INFORMATION REPORT NO. 07-03 FOR PUBLIC INFORMATION MEETING OF February 20th, 2003 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision Application SP-2002-06 Zoning By-law Amendment Application A 27/02 Edward Williamson East of Altona Road and south of Stroud's Lane Part of Lots 32, Concession 1 City of Picketing 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the east side of Altona Road at Stroud's Lane, north of Sheppard Avenue and south of Finch Avenue (see location sketch, Attachment #1). APPLICANT'S PROPOSAL the applicant proposes a Draft Plan of Subdivision on the subject lands, consisting of a total of 40 dwelling units (see Attachment #2); - the proposal is considered medium-density; - the applicant also proposes to change the zoning on the subject lands to establish specific zoning standards to implement the proposed Draft Plan; - the Draft Plan of Subdivision consists of the following: Dwelling Units Lots I - 30 Lots 31 - 35 Single detached - 9.0 metre frontages Semi-detached - 14.7 metre frontages Total Dwelling Units 30 units 10 units 40 units 097 Information Report No. 07-03 // ATTACHtvlENT ~ ...... ~ TO Page 2 3.0 3.1 3.2 Area of Lot / Block Lots 1 - 35 Blocks 36 - 38 Blocks 39 & 40 Blocks 41 - 45 Blocks 46 & 47 Block 48 Roads Residential Future Residential Future Development Future Dev't / Stormwater Pond Open Space Open Space / Stormwater Pond 18.5 metre Right-of-way Total Area 1.260 ha 0.107 ha 0.059 ha 0.149 ha 1.788 ha 0.124 ha 0.454 ha 3.941 ha Total Units Total Residential Area Net Residential Density 40 units 1.26 ha 32 units / ha OFFICIAL PLAN AND ZONING Durham Regional Official Plan the subject lands are designated "Living Area", "Major Open Space", and "Environmentally Sensitive Area"; lands within the "Living Area" designation are intended to be predominantly for housing purposes; lands within the "Major Open Space" designation are intended to be predominantly for conservation, recreation, and reforestation; when considering development applications within or adjacent to lands designated "Environmentally Sensitive Area", the cumulative impact on the environment should be taken into account; the proposal appears to conform to the Durham Region Official Plan; Pickerin.q Official Plan the subject property is designated as "Urban Residential- Medium Density" and "Open Space - Natural Area" in the City of Pickering Official Plan; lands within the "Urban Residential- Medium Density" designation are intended to be used primarily for residential uses; the "Urban Residential- Medium Density" designation requires a minimum net residential density of 30 units per hectare; the proposed development would provide a net residential density of approximately 32 units per hectare (40 units on 1.26 hectares = 32 u/ha); lands within the "Open Space - Natural Area" designation are intended to be used primarily for conservation, environmental protection, restoration, education passive recreation and similar uses; the proposal conforms to the City of Pickering Official Plan; Information Report No. 07-03 Page 3.3 3.4 4.0 4.1 4.2 4.3 Hi.qhbush Nei.qhbourhood the subject lands are located within the "Highbush Neighbourhood"; new development is to have regard for the Rouge Park Management Plan; Map 20 of the Pickering Official Plan identifies (proposed) new road connections in the vicinity of the subject lands (see Attachment #3); the proposed Draft Plan of Subdivision would implement the proposed new road connections; Zoning By-law 3036 the subject lands are currently zoned 'A' - Agricultural; 'G' - Greenbelt - Conservation Zone; 'OS~HL' - Open Space Hazard Land, by Zoning By-law 3036, as amended; the existing zoning does not permit residential uses; an amendment to the zoning by-law is required to implement the proposed Draft Plan of Subdivision application. RESULTS OF CIRCULATION (See Attachments #4 - #7) Resident Comments - no resident comments have been received to-date; Agency Comments No Objections or Concerns: - Enbridge Pipelines Inc.; - Le Conseil Scolaire Catholique de District Centre-Sud; - Enbridge Gas (subject to standard conditions of draft approval); Durham District School Board Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, surrounding land uses: o medium density residential to the north (40M-2119); o open space to the south; o residential and open space to the east; and o residential to the west; · ensuring a coordinated approach to development with the Registered Plan (40M-2119) to the north of the subject lands; · stormwater management, flood control and grading requirements; and 0 9 9 Information Report No. 07-03 5.0 6.0 6.1 6.2 · reviewing supporting technical submissions and reports to ensure that adequate information is provided, and that technical requirements are met. 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 either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision and/or zoning by-law amendment, does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the Draft Plan of Subdivision application is considered for approval, or before a 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. 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 are available for viewing at the offices of the City of Pickering Planning & Development Department: · Draft Plan of Subdivision; · Environmental Report, prepared by Niblett Environmental Associates Inc.; and · Phase I/ Phase II Environmental Site Assessment, prepared by SoiI-Eng Limited; - the need for additional information and/or addendums to submitted reports will be determined through the review and circulation of the applicant's current proposal. Information Report No. 07-03 Page 5 ~[ 0 0 6.3 Company Principal the applicant, Edward Thomas Williamson, is the owner of the subject lands; the applicant has authorized Kevin Tunney, (Tunney Planning Inc.) to act as agent for the Subdivision and Rezoning applications. ORIGINAL SIGNI~D BY ORIGINAL SIGNED BY Ed Belsey Planner II- Development Review Lynda Taylor, MCIP, RPP Manager- Development Review EB:jf Attachments Copy: Director, Planning & Development 101 F]EPORI ~ APPENDIX NO. I TO INFORMATION REPORT NO. 07-03 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) (2) (3) (4) Enbridge Pipelines Inc. Le Conseil Scolaire Catholique de District Centre-Sud Enbridge Gas Durham District School Board COMMENTING CITY DEPARTMENTS (1) none received to date Excerpts from iis~xli;' ':* '~'~ '/-~~ .................. Statutory Public Information Meeting Thursday, February 20, 2003 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. (11) DRAFT PLAN OF SUBDIVISION APPLICATION SP-2002-06 ZONING BY-LAW AMENDMENT APPLICATION A 27/02 EDWARD WILLIAMSON EAST OF ALTONA ROAD AND SOUTH OF STROUD'S LANE PART OF LOT 32, CONCESSION 1 o o ° Lynda Taylor, Manager, Development Review, provided an explanation of the application, as outlined in Information Report #07-03. Kevin Tunney, representing applicant, thanked staff for their report and advised of their desire to work with staff and to bring this appliCation before Council in a timely manner. George Karakokkinos, representing Rondev Homes, stated the need for a completed Functional Servicing Report and his concerns with respect to land access, storm sewer development and storm water facilities. Kevin Tunney, representing applicant, stated their 'willingness to work with abutting owner to resolve issues. 103 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON LIN 6A3 tANADA ~05-728-7731 Fax: 905-436o6612 Email: planning@ region .durham .on.ca www.region.durham.on.ca A.L. Georgieff, MClP, RPP Commissioner of Planning November 16, 2004 Nell Carroll, Director Planning & Development Department Pickering Civic Complex One the Esplanade Pickering ON L1V 6K7 ECE VED :~,V ! 8 2004 CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Dear Mr. Carroll: Re: Regional Review of a Revised Application for Plan of Subdivision File No.: Cross Ref: Applicant: Location: Municipality: S-P-2002-06 (R1) A27/02 Edward Thomas Williamson South Part of Lot 32, Concession 1 City of Pickering The Region has reviewed the revised applications and our .comments in a letter dated March 18, 2003, remain applicable. The Region has no objection to draft approval of this plan. The attached conditions of approval shall be complied with prior to clearance by the Region for registration of this plan. In addition to sending the Region copies of the draft-approved plan and conditions of approval, at such time as the draft approval is in effect, please e-mail a digital copy of the conditions of draft approval to the planner responsible for the file. Please cai Ray Davies, Planner, if you have any questions. Yours truly, Jim Blair, M.C.I.P., R.P.P. Director, Current Operations Branch Copies: Edward Thomas Williamson Humphries Planning Group Inc. Regional Works Depadment 100% Post Consumer Attachment to letter dated November 16, 2004 Re: Plan of Subdivision S-P-2002-06 (R1) Edward Thomas Williamson City of Pickering 104 Region of Durham Conditions of Draft Approval The Owner shall prepare the final plan on the basis of the approved draft plan' of subdivision prepared by Humphries Planning Group Inc., identified as file number 0303, dated March 9, 2004, which illustrates 3 lots for semi-detach'ed dwellings, 8 blocks for townhouses, 4 future development blocks, a storm water management pond block, 2 open space blacks, and roads. The Owner shall name road allowances included within this plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. The Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the subdivision agreement. The Owner shall submit plans showing any proposed phasing to the Region and the City of Pickering for review and approval, if this plan is to be developed by more than one registration. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and. requirements of the Regional Municipality of Durham, All arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the Regional Municipality of Durham and are tobe completed prior to. the release of the final approval of this plan. Prior to entering into a subdivision agreement, the Regional MUnicipality of 'Durham shall be satisfied that adequate water pollution control plant and Water supply plant capacities are available to for the proposed SubdivisiOn. The Owner shall satisfy all requirements, financial and oth'erWise, of the Regional Municipality of Durham. This shall include, among Others; the execution of a subdivision agreement between the Owner and the Region concerning the 105 page 2 provision and installation of sanitary sewers, water supply, roads and other Regional services. The Owner shall submit to the Regional Municipality of Durham for review and approval, a noise report prepared by an acoustic engineer, based on projected traffic volumes provided by the Region's Planning Department, recommending any necessary noise attenuation measures. The Owner shall provide the Region with a copy of' the subdivision agreement containing such provisions prior to the final approval of the plan. 10. Prior to final approval, the proponent shall engage a qualified professional to carry out, to the satisfaction of the Ministry of Culture, an archaeological assessment of the entire development property, and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Culture confirming that all archaeological resource concerns have been met including licensing and resource conservation requirements. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the City of Pickering, and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. onservatlon for theLivingCity June 17, 2005 JUN 2 8 ZDO5 By Fax and Mail CiTY OF PICKERING PICKERING, ONTARIO Mr. Ross Pym City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L1V 6K7 106 CFN 34017 RECEIVED JUN 2 9 2005 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Dear Mr. Pym: Re: Draft Plan of Subdivision SP-2002-06 Altona Road and Strouds Lane City of Pickering (Silver Lane Estates-Formerly Williamson) We acknowledge receipt of a Water Balance Analysis prepared by Soil Eng and provided on May 17`h, 2005. We note that the comments on the Water Balance Analysis, although significant, do not impact the layout of the draft plan. Given this, we also provide conditions of draft approval but by way of this letter, request that the applicant work with TRCA staff to resolve the outstanding water balance issues as follows. Please be advised that the proposed development across the study area is about 47 % (2.55 ha, table 4 on page 5) with average ~mpervious cover about 74% (the same table, column 4 - % Impervious). This means that about 35% of the entire parcel of land will be impervious surfaces at the post-development scenario. Therefore, this parcel of land will be losing about 35% of existing infiltration. However the report states that in the "worst case" scenario (Scenario 1, Section 4.3) 3.0 % groundwater recharge will be lost. Staff disagree with this assumption as the percentage of imperviousness is straightly related to groundwater infiltration percentage loss. In other words development will decrease the post-development infiltration based on an extension of impervious surfaces. Therefore, the post-development groundwater recharge loss should be reassessed. More hydrogeological data would be required to assess a level of this connection (baseflow ,~ ,~ ,-, ~ ,, ,~ _., ,, ,.,, ..... ,4,,,o,o, sourco).Th¢, o'","~:~'~-" , ,., .,,~ ,: ,~ ~,, ,-,,~or,. from ..,.~. ......... on~,,.,,.,, ,,.,,,~.~., ,.,~;~,,.,~,,, m..,, ,.vn,,r, , that ....... 3 Water Balance - Existing Conditions estimate pre-development infiltration component as 141 mm/year, which is not completely adequate for this type of soils. Please confirm with the MOE guidelines infiltration for fine sand and recalculate pre-development and post-development Water Balances. The applicant must provide mitigative measurements, which will be able to eliminate any potential groundwater infiltration loss. Disconnection of roof leaders from sewer system, soakaway pits, infiltration trenches should be considered as mitigative practices that will promote and maintain groundwater infiltration at post-development scenario. TRCA staff agrees with the consultants that a "third pipe" facility may not be feasible for this type of surficial stratigraphy. Staff note that given the conditions observed across the site (soils underlain the entire parcel consist of sandy silt with K equal to 10-5 m/s, and existing groundwater table is about 4-6 meters below the ground surface, which creates just most preferable conditions for groundwater natural F:\Home\Public\Development Services\Durham Region\Pickering\3401.7.wpd ..................................................... ]'CQrlt'_~ ............. , .... 5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www. trca.on.ca ~ 107 Ross Pym -2- June 14,2005 infiltration) there is potential to promote post-development infiltration and meet pre-development rate requirements. We request that these measures be incorporated into the design of the subdivision. We note that perhaps only about 50% of roof leaders may be actually connected to grassed swales due to a final grading. However this adjustment should be used for further post-development Water Balance recalculations. In addition, direct connection between the stream flow rates and groundwater infiltration across the site should be reconsidered. Stormwater Management Strategy and Facility Des~qn The report indicates that the proposed SWM pond will provide water quality and erosion control. An emergency overflow from the pond must be provided to convey the proposed inflows. Major system flows should be conveyed around the SWM facility via a safe outlet from the site to the watercourse. The applicant must provide justification for the 35% impervious value used to size the SWM facility. Figure 8 indicates that a reversed slope pipe as the outlet structure. Further details on the outlet structure (i.e. cross-section drawings, plunge pool calculations) can be provided at the permitting stage. As indicated in previous comments, the applicant must confirm the groundwater elevation at the proposed pond ocation and submit borehole information for review. Please note that the borehole should be drilled to the pond bottom depth, at a minimum. Notwithstanding the above issues to be addressed, we provide conditions of draft approval as follows: Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the review and approval of the Toronto and Region Conservation Authority, Gl-RCA), the following: (A) a detailed report that describes the storm drainage system for the proposed development of the subject lands. This report should inc ude: ~ .... age dlust, m,,,~ how this drainage system wil! tie into ~ ,~r,-, plans' ' systems, i.e., is it part of an overall drainage scheme? How will external flows be accommodated? What is design capacity of the receiving system? stormwater management techniques which may be required to control m~nor or major flOws; proposed methods for controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction; location and description of all outlets and other facilities which may require permits under Ontario Regulation 158. N.B.: It is recommended that the developer or his consultant contact the Authority prior to the preparing the above report to clarify the specific requirements of this F:\Home\Public\Development Services\Durham Region\Pickering\34017.wpd /cont'd... Ross Pym -3- 108 June 14, 2005 o o That prior to the final registration of this plan, the owner enter into an agreement with either the TRCA or the City of Pickering with respect to the acquisition of Blocks 16, 17 and 18. That Blocks 16, 17 and 18 the open space blocks, be placed in the appropriate designation that would have the effect of limiting the placement of fill, the removal of vegetation or regrading other than required for stormwater management and/or erosion control purposes. That the applicant finalize the water balance requirements for the subject lands to the satisfaction of the Toronto and Region Conservation Authority and prior to the issuance of building permits for the subject development. That the owner agree in the subdivision agreement, in wording acceptable to the TRCA: (A) to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations referred to in the reports, as required in the above noted conditions. (B) to obtain a permit under Ontario Regulation 158 for the works described in Condition 1 above. (c) prior to the initiation of any grading or construction in the site, to erect a temporary snow fence or other suitable barrier between the open space lands and the proposed development area to the satisfaction of the Toronto and Region Conservation Authority, This barrier shall remain n place until all grading and construction on the site are completed. (E) to not place fill, grade, construct any buildings or structures or interfere with the channel of the watercourse without prior written approvals being received from the TRCA. 6. That the applicant provide a copy of the signed subdivision agreement to the Toronto and Region Conservation Authority. We trust that this is satisfactory. If you have any questions please contact the undersigned at ext. 5306. Yours tr~,y, ! Russel White Senior Planner Development Services Extension 5306 RW/dli CC: Rosemary Humphries, Humphries Planning Region of Durham Planning Depadment F:\Home\Public\Development Services\Durham Region\Pickering\34017.wpd 109 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM November 16, 2004 To: Mike Duff Planner II From: Subject: Robert Starr Supervisor, Development Control Draft Plan of Subdivision - SP-2002-06 (R1) Zoning By-law Amendment Application A27/02 Edward Williamson Part of Lot 32, Concession 1 City of Pickering We have reviewed the above noted application and provide the following comments: The owner will be required to enter into a Subdivision Agreement to satisfy requirements for provision of engineering drawings for City of Pickering services, roads, storm sewers, sidewalks, street lighting, fencing, lot grading, tree planting, utilities, etc., as well, the Agreement will need to address downstream cost sharing and financial obligations with respect to securities for services to be installed and maintained, all to the satisfaction of the City of Pickering. 2. Cost sharing for the implementation of the Proposed Stormwater Management Pond is to be addressed in the Subdivision Agreement. 3. Coordinated development of the blocks between this Plan and Plan 40M- 2119 must be addressed in the Subdivision Agreement. 4. A Geotechnical Report for the site, internal of the Slope Stability Report submitted previously, will be required. 5. The Functional Servicing Report should detail the Stormwater Management Pond Outfall and the conveyance to Petticoat Creek. 6. The Functional Servicing Report will need to address proposed grading on Block 4. At present, a grade difference of 4.0+ metres is indicated. Mike Duff Edward Williamson Zoninq By-law Amendment Application A27/02 November 16, 2004 Paqe 2 The Functional Servicing Report will need to address the walkway grade of 5% proposed adjacent to rear walkout lots. Retaining walls may be required on either side of the walkway to accommodate this grade. 8. Any earthworks proposed on this site prior to execution of a Subdivision Agreement will require a Fill/Topsoil Disturbance Permit. A 1.8m black vinyl chain link fence as per City of Pickering standards is required along rear and flankage lots adjacent to open space and where lots abut the Stormwater Management facility and/or walkways. A requirement for the installation of boundary fencing prior to any site works should be addressed. 110 Should there be any questions regarding these comments please contact the undersigned or Paal Helgesen at 905-420-4617. Robert Starr RS:ph Attachment h\Oraft Plan of Subdivision-Oondo~SP-2002-06 - Williamson Property - Calvington Dr \Drafl Plan Ap¢ication Copy: Coordinator, Development Approvals Development Control Inspector (L. Calvelli) OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM November 15, 2004 NOF I 6 200/ CITY OF PICKER PLANNING & D EYELOPM DEPAR'/'MENT ENT To: Mike Duff Planner II From: Richard Holborn Division Head, Municipal Property & Engineering Subject: Draft Plan of Subdivision SP-2002-06 Zoning By-Law Amendment Application A 27/02 Edward Williamson Part of Lot 32, Concession 1 Calvington Drive The Municipal Property & Engineering Division has completed a review of the above noted draft plan of subdivision and zoning by-law amendment applications as well as the following supporting documentation: Environmental Report, September 2004, Niblett Environmental Ass. Inc. Functional Servicing and Stormwater Management Report, September 2004, David Schaeffer Engineering Ltd. The following 'comments are provided for your consideration: 1. Require confirmation that Block 17 and Block 18 will be conveyed to City of Pickering or TRCA. The Servicing Report refers to Clarington Drive and should be changed to Calvington Drive. The report also indicates in Section 5.2 that the minor storm is released into Rosebank Tributary, but preliminary design indicates an outfall that will connect across Part 4, Plan 40R-10744 to Petticoat Creek. 3. The functional design for the pond does not correspond to the recommendations in the report, specifically 5:1 side slopes recommended Draft Plan of Subdivision SP2002-06 ......................... November 15, 2004 Page 2 112. but typically 3:1 side slopes in Figure 8. This may affect the size of Block 16. The section of Block 16, between Block 6 and Block 7, as minor/major storm water route and pond access will not be aesthetically pleasing to the streetscape, and would be best suited along either west of Block 5 or east of Block 7. 5. Cash in lieu of parkland dedication is required. 6. The subdivision agreement and engineering drawings are to reflect requirements for fencing and municipal road design. RH:ko ion Head,/Munlc~pal Property & Engineering Copy: Technician, Construction & Design Supervisor, Engineering & Capital Works 113 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Draft Plan of Subdivision SP-2005-02 submitted by 946037 Ontario Limited, be APPROVED as set out in the conditions section attached as Appendix I to Report PD 39-05, to permit the development of a plan of subdivision, on lands being Part of Lot 21, Plan 819, (40R-20788, Parts 1, 8, 9 & 10), City of Pickering; and That Zoning By-law Amendment Application A 6/05, submitted by 946037 Ontario Limited, be APPROVED subject to the conditions outlined in Appendix II to Report PD 39-05, to establish performance standards to allow the implementation of the Draft Plan of Subdivision S-P-2005-02, on lands being Part of Lot 21, Plan 819, (40R-20788, Parts 1, 8, 9 & 10), City of Pickering. PICKERING REPORT TOi_ EXECUTIVE COMMITTEE- Report Number: PD 39-05 Date: August 31, 2005 From; Neil Carroll Director, Planning & Development Subject: Draft Plan of Subdivision Application S-P-2005-02 Zoning By-law Amendment Application A 6/05 946037 Ontario Limited (Property south of Wingarden Crescent & Shade Master Drive) (Pad of Lot 21, Plan 819) (40R-20788, Pads 1,8, 9, & 10) City of Pickering Recommendation: That Draft Plan of Subdivision S-P-2005-02 submitted by 946037 Ontario Limited, be APPROVED as set out in the conditions section attached as Appendix I to Report PD 39-05, to permit the development of a plan of subdivision, on lands being Part of Lot 21, Plan 819, (40R-20788, Pads 1, 8, 9, & 10), City of Pickering. That Zoning By-law Amendment Application A 6/05 submitted by 946037 Ontario Limited, be APPROVED subject to the conditions outlined in Appendix II to Report PD 39-05, to establish performance standards to allow the implementation of the Draft Plan of Subdivision S-P-2005-02, on lands being Part of Lot 21, Plan 819, (40R-20788, Pads 1,8, 9, & 10), City of Pickering. Executive Summary: The applicant proposes to develop a draft plan of subdivision consisting of twelve lots fronting onto the southern extensions of Wingarden Crescent and Shade Master Drive. The proposed plan of subdivision consists of lots having minimum lot frontages of approximately 14.5 metres. The applicant proposes to amend the current zoning to implement the Draft Plan. The proposed plan of subdivision represents appropriate residential development 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 an associated subdivision agreement. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. 115 Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31, 2005 Page 2 Background: 1.0 Introduction 946037 Ontario Limited (Martin Gaffney), have submitted applications for approval of a draft plan of subdivision and an amendment to the zoning by-law in order to implement the proposed draft plan on the subject lands (see Location Map, Attachment #1). The draft plan of subdivision proposes to create twelve lots for detached dwellings that front onto the extensions of two existing municipal roads, Wingarden Crescent and Shade Master Drive (see Proposed Draft Plan, Attachment #2). Eight lots are proposed to front onto Shade Master Drive and four lots are proposed to front onto the east side of Wingarden Crescent. All proposed lots have minimum lot frontages of approximately 14.5 metres (see Area & Frontage Chart, Attachment #3). Blocks 13-18 have been reserved for temporary turning circles, Blocks 19, 20, and 21 are 0.3 metre reserves, and Block 22 is a future residential development block. Wingarden Crescent will have a partial temporary turning circle and Shade Master Drive will have a full temporary turning circle. The following chart outlines the proposed development detail: Details of the Applications Total area of draft plan Residential lots Municipal road Future residential block, temporary turning circles and reserve Number of detached dwelling lots Net residential density (units per hectare) -- 0.945 hectares -- 0.666 hectares -- 0.216 hectares -- 0.063 hectares -- 12 lots -- 18.0 units/hectare 2.0 Comments Received 2.1 At the May 19, 2005 Public Information Meeting Five residents spoke at the public meeting. Four of the speakers had concerns of traffic, grading and drainage, quality of homes construction, property taxes, future land development and land ownership, construction traffic, road configuration and design. One speaker spoke in support of the application and believed that this development will benefit Pickering. The speaker also recognized that development is inevitable and is pleased with Mr. Gaffney's previous developments (see text of Information Report and Meeting Minutes, Attachments #4 and #5). Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31, 2005 Page 3 Written Public Submission on the application A petition of issues was submitted by the neighbouring property owners to the north (Lots 26 to 34) along the south side of Wingarden Crescent. Issues identified in the correspondence were: the proposed development would allow homes to be built two to four feet from the rear property line of Wingarden Crescent properties; · the homeowners along Wingarden Crescent will have to look at the side walls of the proposed homes on Lots 1,8, and 9 of the proposed draft plan; · similar lot layout to that proposed do not exist in this community; Possible solutions suggested by the resident petition were as follows: · Eliminate lots 1, 8, & 9 and divide the land between the other lots and maintain minimum setbacks as the rear lots of 26 to 34 on Wingarden Crescent; · Reverse the lots so that new homes are back to back with the existing homes along Wingarden Crescent and create a road in front of the new homes to connect to Shade Master Drive (see Attachment #6); 2.2 Agencies: Durham Region Current Operations Branch The Durham District School Board Toronto & Region Conservation Authority - conforms with Regional Official Plan; - sanitary sewer and municipal water are available to the subject site; - no provincial interests or delegated review responsibilities apply; - the proposed development supports the objectives of the Community Strategic Plan (CSP); (see Attachment #7); students generated by the subdivision can be accommodated by an existing facility; (see Attachment #8); no objection to the submitted draft plan of subdivision application; request that City staff consider and implement a financial contribution in lieu of on-site stormwater management controls in order to address stormwater management of the subject site; (see Attachment #9); 117 Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31, 2005 Page 4 2.3 The Durham Catholic District School Board Veridian Connections Enbridge Bell Canada no objection; (see Attachment #10); forward a copy of the first civil design so an electrical design can be determined; no objection to plan; (see Attachment #11 ); that the applicant include certain conditions in the subdivision agreement, such as coordination of the utility distribution plan, street grading and construction standards, and no easements will be required for the distribution of gas; (see Attachment #12); inclusion of certain conditions into the City of Pickering subdivision agreement such as, easements or relocation of telecommunications facilities and shall comply with underground servicing conditions; (see Attachment #13); No other agency has commented or objected to the subject applications. Certain technical issues and requirements related to the proposed development can be addressed during the detailed subdivision design process, if these applications are approved. City Departments: Pickering Fire Services - installation of a temporary turning circle at the terminus of both Wingarden Crescent and Shade Master Drive to municipal standards; - installation of temporary street signs to properly identify dwellings for emergency response; (see Attachment #14); Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31,2005 Page 5 118 3.0 3.1 Development Control This development should be conditional on the owner entering into a subdivision agreement with the City that should address such matters as, but not be limited to, grading and drainage, stormwater management, easements, roads, boulevards, sidewalks, boulevard trees, driveway aprons, utilities, inspection fees, construction management, downstream contributions, future contributions, securities, insurance, etc.; (see Attachment #15). Discussion The proposed subdivision complies with the Official Plan, the Dunbarton Neighbourhood Guidelines, and is appropriate. The Official Plan designates the subject lands as Urban Residential Area- Low Density Area. Permissible uses within the Urban Residential Area - Low Density Area designation include detached dwelling units. The Official Plan establishes a density range for residential development within this designation of up to and including 30 units per net hectare. The proposed development would provide a net site density of approximately 18.0 units per hectare, which is within the permitted density range. The Dunbarton Neighbourhood Development and Design Guidelines state that new development should be compatible with the existing neighbourhood character. The Guidelines state that on new internal roads only detached dwellings having a minimum lot frontage of 12.0 metres shall be considered. The subdivision proposes only detached dwellings with lot frontages ranging from 14.85 metres to 15.16 metres. The proposed plan reflects the lotting configuration and road pattern that was anticipated for this area through the Dunbarton Neighbourhood Development and Design Guidelines and is typical of infill development. Both internal roads are anticipated to be extended to the south, as infill development progresses over time (see Attachment #16 - Dunbarton Neighbourhood Concept Plan). The interface between existing corner lots and new lots fronting Wingarden and Shade Master (Lots 1, 8, & 9) is a typical design condition that exists in several locations within the surrounding neighbourhood (Helm Street, Voyager Avenue and Holbrook Court). While the preference of existing residents for a 'rear yard to rear yard' condition is understood, the required redesign is not feasible and would not conform to the established development guidelines. 119 Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31, 2005 Page 6 3.2 3.3 The applications comply with the Official Plan, the Dunbarton Neighbourhood Development and Design Guidelines, and represent appropriate and compatible development. Zoning Category to be identical to existing development on Wingarden It is proposed that the zoning category for this subdivision be identical to that which presently applies to existing development on Wingarden (S3). Conditions of subdivision approval will ensure that the lotting configuration is maintained with minimum 14.5 metre frontages and minimum 500 square metre lot areas (which exceeds the by-law minimum), as shown on the draft plan of subdivision. Separation distance between dwellings will be a minimum of 1.8 metres, and other performance standards will be set out in the by-law. Technical matters for this Draft Plan of Subdivision will be dealt with through the Conditions of Draft Approval. Subdivision Agreement A future subdivision agreement between the City and the owner of the lands will be required to ensure that all matters of interest to the City are protected. This required agreement, and several other development implementation matters, are incorporated into the recommended conditions of approval for this application and are found in Appendix I to this Report. Cash-in-Lieu of Parkland AS no park blocks form part of the draft plan, the City will require cash-in lieu from the subdivider in order to satisfy Section 42(1) of the Planning Act. Construction Access Construction access will be from Wingarden Crescent and Shade Master Drive. Grading and Tree Preservation Upon review of the preliminary grading plan, it appears the trees on the lands subject to development are not able to be preserved. Temporary Turin,q Circles One partial temporary turning circle will be installed and the terminus of Wingarden Crescent and one full turning circle will be installed at the terminus of Shade Master Drive. Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31,2005 712 0 Page Future Residential Development Block (Block 22) Block 22 on the proposed draft plan is designated as a future residential development block. It will only be developed in conjunction with the lands to the east legally described as Part of Lot 23, Plan 819, (40R-20788, Part 2). All technical matters for this Draft Plan of Subdivision will be dealt with through the Conditions of Draft Approval as listed in Appendix I of this report. 4.0 Applicant's Comments The applicant is aware of the contents of this report. APPENDICES: APPENDIX I: APPENDIX I1: Attachments: Recommended Conditions of Approval for S-P-2005-02 Recommended Conditions of Approval for A 6/05 1. Location Map 2. Applicants Proposed Draft Plan of Subdivision 3. Lot Area and Frontage Chart 4. Text of Information Report 5. Meeting Minutes 6. Resident Comments - Petition for Residents on Wingarden Crescent 7. Comments from the Region of Durham Current Operations Branch 8. Comments from the Durham District School Board 9. Comments from the Toronto & Region Conservation Authority 10. Comments from the Durham Catholic District School Board 11. Comments from Veridian Connections 12. Comments from Enbridge 13. Comments from Bell Canada 14. Comments from Pickering Fire Services 15. Comments from Development Control 16. Dunbarton Neighbourhood Concept Plan Report PD 39-05 Subject: 946037 Ontario Limited (SP-2005-02 / A 6/05) Date: August 31, 2005 Page 8 Prepared By: Ge,C'ff R~nowski, CPT Planner II Approved / Endorsed By: Neil carr~RPP Director, Planning & Development Lynda Taylor, MClP, RPP Manager, Development Review GXRif Attachments Copy: Chief Administrative Officer Recommended for the consideration of / 122 APPENDIX I TO REPORT NUMBER PD 39-05 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2005-02 123 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION S-P-2005-02 1.0 1.1 2.0 2.1.1 2.1.2 2.2 2.2.1 2.2.2 2.2.3 GENERAL CONDITIONS That this recommendation apply to the draft plan prepared by DFP Surveyors, dated 'October 25, 2001, revised January 13, 2005 (Drawing Number DP-l), for Draft Plan of Subdivision Application S-P-2005-02 submitted by 946037 Ontario Limited, on lands being Part of Lot 21, Plan 819, (40R-20788, Parts 1, 8, 9, & 10), City of Picketing, to permit the development of twelve (12) lots for detached dwellings, and one block (Block 22) for a future residential lot and six blocks (Block 13 - 18) for partial and full temporary turning circles. PRIOR TO REGISTRATION OF THE PLAN That the owner submit a Draft 40M-Plan to be approved by the City of Pickering, Planning & Development Department. That the implementing by-law for Zoning By-law Amendment Application A 06/05 become final and binding. That the owner enter into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the following: Storm Drainaqe (a) satisfy the Director, Planning & Development respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfy the Director, Planning & Development for contributions for down stream stormwater management works. Gradinq Control and Soils (a) satisfy the Director, Planning & Development respecting submission and approval of a grading and control plan; (b) satisfy the Director, Planning & Development respecting submission and approval of a geotechnical soils analysis. Road Allowances (a) satisfy the Director, Planning & Development respecting construction of internal roads with curbs, storm sewers, sidewalks and boulevard designs to maximize front yard space without impeding services or the safe operation of the streets; (b) (c) -2- that the streets be named Wingarden Crescent and Shade Master Drive. 124 That a partial temporary turning circle be installed at the terminus of Wingarden Crescent and full temporary turning circle be installed at the terminus of Shade Master Drive. 2.2.4 2.2.5 2.2.6 2.2.7 Sidewalks (a) that the owner construct sidewalks along the east and west sides of Shade Master Drive extension and along the east side of Wingarden Crescent extension, to the satisfaction of the Director, Planning & Development. Construction / Installation of City Works & Services (a) satisfy the City respecting arrangements for the provision of all services required by the City; (b) satisfy the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services; (c) that the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider; DedicatiOns / Transfers / Conveyances (a) the dedication of all road allowances with the proper corner roundings and any block of land required for partial or full temporary turning circles; (b) that the owner convey to the City, at no costs: (i) (ii) (iii) any easements as required; and any reserves as required by the City; any blocks of land for partial or full temporary turning circles; (c) that the subdivider convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility. Construction Manaqement Plan (a) that the owners make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; 125 2.2.8 2.2.9 2.2.10 2.2.11 2.2.12 -3- (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) ensurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; (vii) access to the site to satisfy the Supervisor, Development Control. Development Char.qes (a) satisfy the City financially with respect to the Development Charges Act. Coordinated Development (a) satisfy the City with respect to arrangements necessary to provide for coordination of service and roads with adjacent lands and any phasing of development that may be required. Fencinq (a) satisfy the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; Street Tree Plantinq (a) the submission of a street tree planting plan to the satisfaction of the City of Pickering. Design Planninq (a) satisfy the Director, Planning & Development, respecting a report outlining siting and architectural design objectives for the development, and the submission of site plans and architectural drawings identifying how each unit meets the objectives of the report, prior to the issuance of any building permit for the construction of a residential unit on the lands; (b) the report outlining siting and architectural design objectives for the development must address building envelopes, house designs, siting, and streetscapes as well as the width, siting, and projection of garages; 2.2.13 2.2.14 2.2.15 (c) the report outlining siting and architectural design objectives for the development must address driveway placement and curb cut location on the proposed public road to ensure adequate room is maintained to accommodate street furniture and boulevard landscaping; En.qineerinq Drawinqs (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works; (b) that the engineering plans be coordinated with the architectural design objectives and further engineering plans shall coordinate the driveway width, street hardware and street trees in order to ensure that conflicts do not exist, asphalt is minimized and street trees are accommodated. Other Approval Agencies (a) that the subdivider satisfy all the requirements of the RegiOn of Durham; (b) that the subdivider satisfies all the requirements of the Planning & Development Department (Development Control); (c) that the subdivider satisfies all external agency comments; (d) that any approvals which are required from the Region of Durham for the development of this plan to be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals. Parkland Dedication (a) that the subdivider provide to the City cash-in-lieu of parkland dedications, to the satisfaction of the Director, Planning & Development, in order to satisfy Section 42(1 ) of the Planning Act. 127 APPENDIX II TO REPORT NUMBER PD 39-05 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW APPLICATION A 6/05 128 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW APPLICATION A 6~05 That the implementing zoning by-law: (a) permit the establishment of detached dwelling units generally in accordance with the following provisions: (vi) (vii) (viii) (i) minimum lot area of 350 square metres; (ii)minimum lot frontage of 12 metres; (iii) minimum front yard depth of 4.5 metres; (iv)minimum rear yard depth of 7.5 metres; (v) minimum side yard width of 1.2 metres on one side and 0.6 metres on the other side with a minimum building separation of 1.8 metres; maximum building height of 9.0 metres; maximum lot coverage of 38 percent; minimum one private garage per lot, any 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 any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (ix) maximum garage projection of 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (x) uncovered steps and platforms not exceeding 1.0 metre in height shall be permitted to project a maximum of 1.5 metres into a required rear yard. 1 EF.T ATTACHMENT#,,,, i TO REPORT # PD~ COURT STROUDS VOYAGER LANE E~ONITA AVENU£ WlNCA~DEN CRESCENT EDGEROW PL. JACQUELINE WELRUS STREET GOLD£NRtDGE City of Pickering SPRUCE Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 21, PLAN 819, 40R-20788, PARTS 1, 8, 9, & 10 OWNER 946037 ONTARIO LTD. DATE APRIL 15, 2005/ DRAWN BY JB FILE No. SP2005-02 & A06/05 SCALE 1:5000 CHECKED BY GR PN,7 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN 946037 ONTARIO LTD. SP-2005-02 & A 06/05 130 REGISTERED BLOCK 58 LOT 1 z BLOCK 21 BLOCK 20 0.3 F~ESERVE WINCARDEN CRESCENT [PLANI L O '-'7T PART / BLOCK BLOCK L O T 2 4 L 0 T BLOCK 19 0.3 PLAN 1 0OR - 22552 LOCK 13 BLOCK 22 L O T PART 2, PLAN 40R-19075 PART 2, PLAN 40R-20788 2 5 2 5 131 ATTACHMEN'I' #, ~ TO REPOR'I' ,f PD ~ c/~ ....... AREA &: FRONTAOE CHART FOR S P-2005-02 LOT/BLOCK AREA m2 I 546.5 2 54-5.6 FRONTAGE © 7.50 m SETBACK 15.00 15.00 5 511.0 15.00 4 504.9 14.87 5 518.6 15.07 6 517.5 15.00 7 547.5 15.00 548.0 8 15.00 SHADE MASTER DRIVE WlNOARDEN CRESCENT Tr3TAI 20 5.4 21 17.9 22 418.1 15.33 1107.0 1053.$ 18 29.7 19 5.6 9 619.5 15.00 10 619.4 15.00 11 589.5 15.00 12 598.8 15.19 13 30.0 14 30.3 15 50.0 16 50.2 17 30.0 ATTACHUENT ~_ ~ TO REPORT f PD .~ ~[ -0-~~ 132 PICKERING INFORMATION REPORT NO. 10-05 FOR PUBLIC INFORMATION MEETING OF May 19, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision Application - S-P-2005-02 Zoning By-law Amendment Application - A 06/05 946037 Ontario Limited (Property south of Wingarden Crescent & Shade Master Drive) (Part of Lot 21, Plan 819) (40R-20788, Part 1,8, 9, 10) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.95 hectares in size; - located immediately south of the terminus of Wingarden Shade Master Drive (see Attachment #1 - Location Map); - the surrounding uses are single detached residential. Crescent and APPLICANT'S PROPOSAL the applicant proposes to establish 12 detached dwelling units fronting onto two new public streets; 4 lots will front onto the east side of the future Wingarden Crescent extension and 8 lots will front onto the future Shade Master Drive extension (see Attachment #2 - Proposed Draft Plan); minimum lot frontages for this proposal are approximately 15 metres; minimum lot depths for this proposal range from 36 meters to 42 metres approximately; the proposed Zoning by-law amendment would permit the 12 detached dwellings to be constructed, and Would set specific zoning standards for the development to adhere to. 133 Information Report No. 10-05 ATTACHMENT #,, z//.; fO REPORT # PD , Page 2 3.0 3.1 3.2 3.3 OFFICIAL PLAN AND ZONING Durham Reqional 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 "Urban Residential - Low Density" 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 12.6 units per net hectare; the applicant's proposal conforms to the applicable Official Plan policies; Dunbarton NeiRhbourhood Desi.qn Guidelines (see AttaChment #3 - Dunbarton Neighbourhood Map) the Dunbarton Neighbourhood Development and Design Guidelines, state that new development should be compatible with the existing neighbourhood character. Minimum lot frontages for the Dunbarton Neighbourhood are: Cul-de-Sac New Internal Roads External Roads Minimum Lot Frontages 10 metres 12 metres 15 metres the Dunbarton Neighbourhood Development and Design Guidelines indicate that new developments shall maintain building setbacks consistent with recent subdivision standards. Minimum setbacks for the Dunbarton Neighbourhood are: Front Yard Side Yard Minimum Setback 4.5 metres 1.2 meters & 0.6 metres 3.4 see Attachment #4 - Proposed lot areas and frontages) - the proposal complies with the Dunbarton Neighbourhood Guidelines; Zoning By-law 3036 & Zoning By-law 3036, as amended by By-law 5503/99 the lands subject to Draft Plan of Subdivision S-P-2005-02 & A 06/05 are dual zoned (see Attachment #5 - Zoning Map); Information Report No. 10-05 ATTACHMENT# ~ ,TO Page 3 REPOR'I' ~ PD ,~' ~ ~ ~' 4.0 4.1 4.2 4.3 5.0 the north portion is zoned "R4" - Residential Zone by By-law 3036, as amended by 5503/99; the south portion is zoned "R3"- Residential Zone by By-law 3036; the existing zoning permits detached dwellings with minimum lot frontages of 15 metres and minimum lot areas of 460 square metres for the "R4" zoning and minimum lot frontages of 18 metres and minimum lot areas of 550 square metres for the "R3" zoning; an amendment to the zoning by-law is required to allow for the development of 12 detached dwelling units on lots with minimum lot frontages of 15 metres. RESULTS OF CIRCULATION Resident Comments no written resident comments have been received to date; Agency Comments no written agency 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: · ensure that the proposed development is compatible with, and sensitive to, surrounding existing residential developments; · ensure that the proposed internal roads and lotting patterns do not conflict with the Dunbarton Neighbourhood Development and Design Guidelines; · ensure that the proposed road extensions are properly aligned with existing roads and for future roads; · ensure that all lots proposed have a minimum lot frontage of 12 metres as per the Dunbarton Neighbourhood Development and Design Guidelines for new internal roads; · a preliminary grading plan must be submitted and reviewed to identify potential grading issues; · the examination of this application to ensure that it is consistent with the polices of the 2005 Provincial Policy Statement; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURALINFORMATION written comments regarding this proposal should be directed Planning & Development Department; oral comments may be made at the Public Information Meeting; to the 134 Information Report No. 10-05 ATTACHMENT #~TO Page 4 REPORT # PD J~ ~"- 0 ~ 6.0 6.1 6.2 6.3 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 either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the City of Pickering in respect of the proposed draft plan of subdivision does not make oral submissions at the public meeting or make written submissions to the City of Pickering before the application is considered, the Ontario Municipal Board may dismiss all or part of the appeal; 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. 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 are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Owner - the owner of this property is 946037 Ontario Limited; - the principal of this company is Martin Gaffney. OI~I(]INAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner II GXR:jf Attachments Copy: Director, Planning & Development Lynda Taylor, MCIP, RPP Manager, Development Review ~'rTAOH~/IENT #__~..__TO APPENDIX NO. I TO INFORMATION REPORT NO. 10-05 136 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) Planning & Development Department PICKERING ATTACHMENT#, ~' TO REPOR'~ # PO_~.~ 70 ~'_ .......... Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, May 19, 2005 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. DRAFT PLAN OF SUBDIVISION APPLICATION - SP-2005-02 ZONING BY-LAW AMENDMENT APPLICATION A 06/05 946037 ONTARIO LIMITED (PROPERTY SOUTH OF WINGARDEN CRESCENT & SHADE MASTER DRIVE) (PART OF LOT 21, PLAN 819) (40R-20788, PART 1, 8, 9, 10) Geoff Romanowski, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #10/05. Norma Whettmore, on subject property behind lot # 32????, questions the zoning amendments and the reasoning behind it. Speaker is concerned there will be an increase in traffic and congestion in the area and if water runoff will be controlled and not directed into their backyards. Further concerned about the quality of the homes being built and the unfulfilled promises made by developers. The speaker commented on the increase in property taxes in the area. Pauline Hitchcock, 1815 Sprucehill Road, is concerned with the future plans of developers in the area. The speaker wants information on land ownership for that area, more specifically builders owning property. Gail Clough, 1811 Fairport Road, is in support of the application and believes it will benefit Pickering. The Speaker recognizes that development is inevitable and is pleased with Gaffney's previous developments. Gary Apney, 933 Wingarden, is concerned of the construction traffic in the area and is not pleased of the segmented plan of road extension. The speaker believes that to eliminate an extensive road disruption, the road should either be extended completely in the initial phase or not at all. Camil, 930 Wingarden, is concerned of the change in the proposed road design set out by Kaitlin Group. She requested a copy of the design guidelines. -1- PICKERING ~TTACHME,~JT//~r0 ~E~0R7 .~ p~, ._..~.~:_~-~,:~._ ........ Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, May 19, 2005 7:00 P.M. 138 o The applicant Martin Gaffney, 1830 Fairport Road, commented that only tress determined by grading requirements will be cut and that he is willing to discuss all concerns about the development plans. He indicated that everyone is aware of his address and they may contact him. Staff commented on the zoning changes and informed public that preliminary grading plans are required to be submitted to the Planning Department and that grading will not affect existing properties. With respect to land ownership the City could search ownership but would not be able to comment on property plans until the plans are submitted to the City of Pickering Planning Department. With respect to the construction concern, construction is controlled through a by-law that would set specific instructions for dates and times etc. For the concern of trees, Staff explained that the area would require a tree preservation plan. Staff (Lynda) explained that the Dunbarton guidelines that sketch possible road construction and development areas has been in place since the 1990's. 2 FROM : DEC Ltd. 139 FRX NO. : 90583i887i ro REPOR3 ~ PD.__~-__~.. .... May 26, 2005 SUBJECT: Draft Plan of Subdivision S-P-2005-02 Zoning Amendment Application - A 06/05 Maw. 26 2005 09:lOPM P1 CEYVE. D O~TY OF PICKERING PLANNING & DEVELOPMENT This dralt plan allows the Builder to build houses two (2) or roue (4) feet away from the r~ARTMENT properties of Wingarden Cms. lots 26 to 34, Consequently some homes will be looking at a wall of the proposed homes and others will Ilave a par wall that they will be looking at. In most subdivision planning, the lots are planned in such a way that the rear lots are back to beck, hence leaving similar set backs from the rear of the properties. This is po~r planning and I think the City of Picketing should review and reseamh zoning by-taws in this area and they will see that there are no similar lot layouts in this community and we have eve~/rigllt to reject this proposed layout and the City Plan Examiners and Zoning Officials should also reject this layout. Possible solutions: Eliminate three lots 1, 8 and 9 and divide land between other lots, and maintain minimum same set back as the existing rear lots 26 to 34 of W1ngarden Cms. Reveme the lots so that new homes have a back yard backing to Wingarden lots 26 to 34. Create a crescent for Wingarden to turn back to proposed (Shade master Drive) and join VVingarclen as we were originally told when we pumhased our homes, back in 1998/1999. Homeowners In disagreement with this Draft Plan of Subdivision S-P-2.006-O3 Zoning Amendment Application - Listed below: Lot 26- 942 W1ngarden Cms. Lot 27 - 940 Wlngarden Cms Lot 28- 93~ W1ngarden Cms Lot ~ - 9~ ~nga~en C~ May 26,2005 ATTACHMENT ~, ~ TO REPORT # PD 140 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4r" FLOOR, LANG TOWER WEST BUILDING "3 BOX 623 ,¢HITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 E-maih planning@ region.durhamon.ca www. region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning " Ser~,icb Excellence for Our CO~muhities,, Neil Carroll, Director Planning & Development Department Pickering Civic Complex One the Esplanade Pickering ON L1V 6K7 Dear Mr. Carroll: Re: Regional Review of an Application for Plan of Subdivision File No.: S-P-2005-02 Applicant: 946037 Ontario Limited Location: Part of Lot 27, Concession 1 Municipality: City of Pickering The Region has reviewed the subject application and the following comments are offered. Durham Regional Official Plan The subject property is designated "Living Area". Lands within this designation are to be to be used predominantly for housing purposes. The proposal appears to conform to the policies of the Durham Regional Official Plan. Regional Services Sanitary sewer and municipal water supply are available to the subject property by connecting to the existing 200 mm sanitary sewer and 150 mm watermain on Wingarden Crescent and Shade Master Drive. Provincial Interests and Deleqated Review Res_p_onsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. No provincial interests or delegated review responsibilities apply to this application. Community Strategic Plan (CSP) The CSP encourages effectiVe land use planning supporting compact development and healthy neighbourhoods. The proposed development appears to support the objectives of the CSP. 100% Post Cc, nsumer 141 ATTACHMENT # "~ REPORI' # PD~ ............. Page 2 Based on the foregoing, the Region has no objection to draft approval of this plan. The attached conditions of approval shall be complied with pnor to clearance by the Region for registration of this plan. In addition to sending the Region coptes of the draft-approved plan and conditions of approval, at such time as the draft approval is in effect, please e-mail a digital copy of the conditions of draft approval to the planner responsible for the file. Please call Ray Davies, Planner, if you have any questions. Yours truly, Kal Yew, Manager Current Operations Branch Attachment: Conditions of Draft Approval Cop~es: 946037 Ontario Limited Regional Works Department R:rd~'.Subdiv s,oms-o-2005-02 ATTACHMENT # '~ TO REPOR'I # PD . ~ ,' ,~'~,~' Attachment to letter dated May 26, 2005 Re: Plan of Subdivision S-P-2005-02 946037 Ontario Limited City of Pickering Region of Durham Draft Conditions of Draft Approval o The Owner shall prepare the final plan on the basis of the approved draft plan of subdivision, prepared by DFP Surveyors, identified as drawing number DP-l, dated October 25 2001, as rewsed January 13, 2005, which illustrates 12 lots for single detached dwellings, blocks for temporary turning circles, 0.3 metre reserve blocks, a future residential block, and road allowances. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Picken'ng. The Owner shall submit plans show~ng any proposed phasing to the Region for review and approval, if this subdivision is to be developed by more than one registration. The Owner shall grant to the Region, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivis,on. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan Prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supaly plant capacities are available to the proposed subdivision. 143 7. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham.-This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other services. THE DURHAM DISTRICT SCHOOL BOARD Facilities Services 400 Taunton Road East Whitby, Ontario L1R 2K6 relephone: (905) 666-5500 1-800-265-3968 Fax: (905~ 666-6439 ~TTACHUEm'~_ ~ _ ~0 REPORT # PD _..~ ~7 -c~ 5' April 25, 2005 The City of Pickering Planning Dept., Pickering Civic Centre One The Esplanade Pickering, On L1V 6K7 CE' D ',-.],'FY O~ ?CC'KERI NG =LAix NI!': G & DEVELOPMENT L'),~-- P,4 RTblENT Attention: Mr. GeoffRomanowski Dear Mr. Romanowski RE: Draft Plan of Subdivision Application SP 2005-02 Zoning By-law Amendment Application A 06/05 946037 Ontario Part of Lot 21, Plan 819 (40R-20788, Part 1, 8, 9, 10) (Property south of Wingarden Cms. and Shademaster Dr.) City of Pickering Staff has reviewed the information on the above noted application and has the following comments... Approximately 6 elementary pupils could be generated by the above noted application. It is intended that any pupils generated by the above noted plan be accommodated within an existing school facility. Under the mandate of the Durham District School Board, staff has no objections. Yours truly, Chr/stine Nancekivell, Planner I:IPROPLANIDATAiPLNGtSUBtSP2OO5_O2 DOC for The Living City May 9, 2005 Mr. Geoff Romanowski Planning and Development Department The City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 ATTACHMENT #_._C7_~ REPOR'[ # PD CITY OF PICKERI r~' PICKERING, 0 NTAk~ RE CE E 2,9 2005 CiTY OFP "" , PI. cANNING & DEVELOPMENT DEPARTMENT Dear Mr. Romanowski: Re: Draft Plan of Subdivision S-P-2005-02 Zoning By-law Amendment Application A 06/05 946037 Ontario Limited Part of Lot 21 The Toronto and Region Conservation Authority (TRCA) is in receipt of the draft plan of subdivision (S-P- 2005-02) dated February 16, 2005 for the above-referenced property. TRCA staff has reviewed the submitted information, received April 14, 2005, and offers the following comments. Background The subject is located on 1830 Fairport Road, on the west side of Fairport Road, north of Sheppard Avenue, in the City of Pickering. It is our understanding that the applicant wishes to construct 12 single detached residential units on the subject property. Site-Specific Comments The subject property is not located with the Fill Regulated Area, pursuant to Ontario Regulation 158 (Fill, Construction and Alteration to Waterways) and is not within the Regional Storm Floodplain of the Duffins Creek Watershed. Therefore, an Ontario Reg. 158 permit is not required. In addition, the subject property does not contain any significant natural features. Recommendations In light of the above, the TRCA has no objections to the draft plan of subdivision, as submitted. However, in this instance, TRCA staff promote and request City of Picketing staff to consider the implementation of a financial contribution in lieu of on~site stormwater management controls in order to address storrnwater management for the subject property. The proponent must provide calculations confirming the financial contribution (i.e. $29,000 times the total'impervious hectares for the development area) which is the current rate applied by the TRCA. We trust these commen[s are of assistance. Should you have any questions please do not hesitate to contact Susan Robertson, Planning Technician at extension 5370, or the undersigned. Senior Planner, Extension 5306 Development Services Section RW/sr , F:\Home\Public\Development Services\Durham Region\Pickenng\L-Cityofp re 1830 Fairport Rd SP 05-03-05.wpd 5 Shoreham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www. trca.on.ca May 10,2005 AT'MCHMENT #_Z/O TO THE DURHAM CATHOLIC DISTRICT SCHOOL BOARD City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: Geoff Romanowski R O IV ¢ D Catholic £ducation: Learning & Living in Faith r ....... ~PARTMENT RE: Draft Plan of Subdivision S-P-2005-02 Zoning By-law Amendment Application A06/05 946037 Ontario Limited Part of Lot 21, Plan 819 City of Pickering Please be advised that at the regular Board Meeting of Monday, May 9, 2005, the following motion was approved' "THAT The Durham Catholic District School Board indicate in its comments to the City of Pickering that the Board has no objection to Draft Plan of Subdivision Applicatiun S-P-2005-02 or Zoning By-Law Amendment Application File A 06/05." Should you have any questions or concerns, please contact me. Sincerely yours, Gerry O'Neill Controller of Planning and Admissions :ad 650 Rossland Road West, Oshawa, Ontario L1J 7C4 Telephone (905) 576-6150 Business Services, Fax (905) 576-1981 Patricia Manson, B.A., M. Ed. - Director of Education/Secretary/Treasurer 147 VERIDIAN CONNEC'rlON$ DEVELOPMENT APPLICATION REVIEW CT NAME: 946037 Ont;~rio Ltd. - Draft Plan of'Subdivision ADDRESS/PLAN: South of Wmgarden Crescent and Shademaster r~rive MUNICIPALITY: Picketing REF NO · S-P-3006-02 & A06/05 SUBMISSION DA7fE: April 13, 2005 10. Electric set. ice is avaxlable on the road allowance(s) touctx/.ng d~is ptOl,etty. Servicing w/Il be from "X/mgarden Crescent. An expar*sion of the CorporaOon's plant is requJxed on the road allowance in order to ser~dce this project. This :nay either be overhead, underground, or a combinadoa. In residential developments all such expanmons are underground. Inch'.udual metering for each mt ts required. The folloxuSng standard fixed fee costs will apply (all figures are approxLmare): Service Connection Fee $130,00 pet milt Thc Applicant must make direct application to thc Co~oration to cbr,,ha specific approval of thc electrical service arrangements and related work for this project. The applicar.t is cautioned that tenders, contracts, ot work initiated prior to obtaining specific approval will bc subject to ch;mgr. A Construction Agreement must bc signed with the Corporation in order to c, btam ser~fcing for dfis site, Legal costs will be charged to the Applicant. All work from the public road allowance to the service entrance and the mctcdng arrang~mcnts mu~t comply with the Corporation', reqtfirements a:ld specificanons. Prior to obtaining a building pernut, die Apphcant shall, by agreement, con.fm-n acceptance of thc tcnns and condldons of providing electrical service. Where cranes or material handling equipment or workers must work ir proximity to existing overhead wires, with the capability of contact or coming v, dthin the limits of approach the develo?er/bm.lder shall pay all costs for the temporary =elocation, burial, or protection of the 'ohms, or other action deemed necessary by Veridian to prov:de for worker safety and the secttdty of the electrical system. Landscaping, specifically trees, shrubs, other should be relocated away from the Corporation's transformer to avoid interference With equipment access. Ix~psided appearance of xees from trirrmm~.g may result, Page 2 V£P, JD lAN CONNECTIONS DEVTzLOP~[ENT APPLI'CATION KEVIEW ATTACHMENT #?..~TO REPORT ~ PD~ 148 11. 12 Will not attend schedttled City of ?ickefing DART Mcctiag for this dt:velopment. Veridian Connecuons has no objection to ch; proposed development. Please: £otward a copy of first suhrmssion civil design so that Venchan Connections may prepare an electrical dcsigu and an Offer ro Servic, e. El¢c~cal draUra~gs are required (3/6) months prlo~ to electrical ~csvic,ng date. All of the above conchUons of service are subject to Ontario Energy Board (OEB) app~owl. Technical ReptesentaUve - Dave Bell Telephone 42%98?0 Ext. 3233 PP/df Form #ECO002 Rev. Date -July 20, 2004 CiTY OF ~ ' '~ ~NN1NG & DEVELOPMENT DEPArTMeNT MAY 10, 2005 GEOFF ROMANOWSKI CITY OF PICKERING PICKERING CiViC COMPLEX ONE THE ESPLANADE PICKERING ON LlV 6K7 ATTACHMENT #._./~ CiTY OF piC~KEFIING '~I:K~IRIN~I, ONTARIO ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P8 Mailing Address P.O. Box 650 Scarborough ON M1K 5E3 Dear Sirs: RE' FILES: S-P-2005-02 & A-06/05 PT LOT 21, PLAN 819 Enbridge Gas Distribution requests that the following conditions be included in the subdivision agreement: The developer is to co-ordinate the preparation of an overall utility distribution plan to the satisfaction of all effected authorities. Streets are to be constructed in accordance with the municipal standards. The developer shall grade all streets to final elevation prior to the installation of the gas lines and provide the necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Gas Distribution. All of the natural gas distribution system will be installed within the proposed road allowances therefore easements will not be required. Yours truly, .Rahdy Wilton Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758-4374 - FAX RW:SWC Bell Right Of Way Floor 5, 100 Borough Drive Scarborough, Ontario M1P 4W2 Tel: 416-296-6291 Toll-Free: Fax: 416-296-0520 2005-06-22 ~TTACHMEN7 ~__~.~.__ ro ' aris years R E C E ! V E D ~LN 2 7 1-800-74 ~ ~F PICKERING PLANNING & DEVELOPMENT DEPARTMENT 150 JUN 2 7 2005 CITY OF PICKERING PICKERING, ONTARIO Town of Picketing Planning Department t The Esplande Picketing, Ontario L1V 6K7 Attention: Geoff Romanowski Dear Sir/Madam: RE: Draft Plan of Subdivision South of Wingarden Crescent & Shademaster Drive Your File No: S-P-2005-02 A 06/05 Bell File No: 32291 Further to our comments of April 20, 2005 Bell Canada is pleased to provide the following additional comments. A detailed review of the Draft Plan of Subdivision has been completed and adequate telecommunication facilities exist within the area, therefore, Bell Canada does not require any easement or lease. The following paragraph(s) are to be included as Conditions of Draft Plan of Subdivision Approval: 1. The Owner shall agree in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/developer shall be responsible for the relocation of such facilities or easements. 2. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed the owner shall advise the municipality of the agreement made for such servicing. Should you have any questions please contact Yvonne Eddy at 416-296-6430. Yours truly ~~4elle - MCIP, Rpp Manager - Right Of Way Control Centre 151 Notice of a Public Meetin.q to be held Thursday May 19, 2005 at 7:00 p.m. Pickering Civic Complex - Council Chambers One the Esplanade, Pickering, L1V 6K7 for the following Planning Applications File Type & Number Owner / Applicant Property Location Proposal Draft Plan of Subdivision S-P- 2005-02 Zoning Amendment Application - A 06/05 946037 Ontario Limited Part of Lot 21, Plan 819 (40R-20788, Part 1, 8,9,10) (Property South of Wingarden Crescent & Shade Master Dr.) City of Pickering To amend the existing zoning of the subject property to permit 12 single detached dwelling units. Reports Submitted with None the Application Written Information Available Last Date for Comment Planning Contact Pickering Official Plan Designation Zoning By-law 3036/00 & Zoning By-law 3036/00, as amended by By-law 5503/99 Information Report available from the office of the City Clerk on or after May 13th, 2005 and at the information Meeting May 26th, 2005 Geoff Romanowski, Planner 11 "Urban Residential - Low Density" within the Dunbarton Neighbourhood The properly is dual zoned. The south portion is zoned "R3" by By-law 3036 and the north portion is zoned "R4" by By-law 3036, as amended by By-law 5503/99 Public Meeting Notice A'FI'ACHMENT #_/'Sz TO Page 2 t52 Planning Act Requirements Date of this Notice Fire Department comments Dated: q~eKYfeatft ~ire (Prevention o.f~'cer ~'c~ering q~ire Services If you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts any zoning by-law for this proposal. April 22, 2005 The Fire Service has no objections to the applicant's proposal to amend the zoning of the subject property to permit 12 single detached dwelling units. However. Request the following conditions be implemented into the agreement. Temporary turning circle be implemented into the design of the roadway (s) that form part of the dead end road in conformance with municipal standards. Temporary street signs are installed during the construction phase for ease of identification during emergency responses. Thursday, April 28, 2005 153 ATTACHMEI~JT # /~'" ]'0 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM August 31, 2005 To: From: Subject: Geoff Romanowski Planner II Robert Starr Supervisor, Development Control Zoning By-law Amendment Application and Draft Plan Application SP-2005-02 946037 Ontario Ltd. Part Lots 21 and 22, Plan No. 819 Wingarden Cres. ! Shademaster Drive City of Picketing We have reviewed the above-noted application and provide the following comments: 1) This development should be conditional on the owner entering into a subdivision agreement with the City that should address such matters as, but not be limited to, grading and drainage, stormwater management, easements, roads, boulevards, sidewalks, boulevard trees, driveway aprons, utilities, inspection fees, construction management, downstream contributions, future contributions, securities, insurance, etc. RS:bg Robed Starr 'x ?tN 0t--f 154 KINGSTON DUNBARTON NEIGHBOURHOOD DEVELOPMENT & DESIGN GUIDELINES - NEIGHBOURHOOD CONCEPT PLAN 155 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 37-05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Report PD 37-05 be FORWARDED to City Council for enactment. PICKERING 156 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 37-05 Date: August 25, 2005 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 8/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2) City of Pickering Recommendation: That Zoning By-law Amendment Application A 8/05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 37-05, to amend the existing zoning on the subject lands to permit a variety of office and commercial uses, on lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/05, as set out in Appendix I to Report PD 37-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a variety of office and commercial uses on lands located on the north side of Kingston Road, between Steeple Hill Road and Whites Road (see Attachment #1 - Location Map). The applicant is proposing to develop the site for two commercial buildings with a combined floor area of approximately 1975 square metres. The site is under separate ownership from the Steeple Hill Plaza to the west, but will function as one cohesive development. The property will be subject to the City of Pickering site plan approval process (see Attachment #2 - Applicant's Submitted Plan). This application conforms to the policies of the Pickering Official Plan and provisions of the Woodlands Neighbourhood, the 'Mixed Use - Mixed Corridor' designation and the Kingston Road Corridor Urban Design and Development Guidelines and is recommended for approval. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 157 Report PD 37-05 Subject: Zoning By-law Amendment Application A 8~05 Date: August 25, 2005 Page 2 Background: 1.0 Comments Received 1.1 At the May 19, 2005 Information Meeting (see text of Information Report - Attachment #3 & Meeting Minutes - Attachment CfA) Public Comments: No comments from the public. No public present at the Public Meeting. Applicants Comments: Applicant, Ron Richards, commented that this project is to integrate with the existing Steeple Hill development to the west, but the property is under separate ownership. 1.2 Agencies: Durham Re.qion Plannin_cl Department (see Attachment #5) · limited office development and limited retailing of goods and services may be permitted as components of mixed use developments provided that Community and Local Central Areas are designated in the area municipal official plan, and the functions and characteristics of such Central Areas are not adversely affected; · municipal water is available from Kingston Road; · sanitary sewer will be required to be extended from the south side of Kingston Road (Open-cut trenching is not permitted) and costs of this works will be the responsibility of the applicant; · the access located to the west limit of the property will service the site; · the two remaining entrances must be closed; · a centre-raised median and a right-turn taper lane will be required to restrict access to right-in/right-out movement only; · the installation of the raised median will take place on Kingston Road to Whites Road to the east limit of the subject property; · the applicant will be responsible for the full cost of extending the median across the frontage of the property to the existing median located approximately 10 metres west of the property; · detailed drawings are required as part of the site plan submission; ° screened in accordance with the terms of the provincial plan review responsibilities and it has been determined that there are no other matters of provincial interest applicable to this application; · Environmental Phase I report has concluded that there is no evidence of environmental contamination in connection with the site; Report PD 37-05 Subject: Zoning By-law Amendment Application A 8~05 Date: August 25, 2005 Page 3 1.3 2.0 2.1 2.1.1 Veridian Connections (see Attachment #6) · no comment on this application; City Departments: Pickering Fire Services (see Attachment #7) · no comments or concerns on this application; Development Control (see Attachment #8) · the applicant will need to address storm water management on the site including quality, quantity, and erosion control; · urbanization of the boulevard on Kingston Road will need to be addressed in coordination with the City and Region of Durham; · any other comments or concerns regarding this application can be addressed with the site plan application. Discussion Proposed Uses and Compatibility Proposed development complies with the Pickerinq Official Plan designation and policies The subject property is designated Mixed Use - Mixed Corridor in the Pickering Official Plan. This designation permits a wide range of uses including residential, retailing of goods and services generally serving the needs of the surrounding neighbourhood, community, cultural and recreational uses, and special purpose commercial uses. These uses should be at a larger scale and intensity in the mixed corridor designation. A retail impact study was not required for this application. The City of Pickering Official Plan states that for development outside of the Downtown Core for new or expanded gross leasable floor space for the retailing of goods and services, a retail impact study may, be required for development less than 2,500 square metres. The floor area being proposed is lower than prescribed in the Official Plan (1975 square metres) and the development proposed will not impact the Downtown Core, as it will serve the immediate and surrounding neighbourhoods. Consequently a retail impact study is not required. The proposed amendment conforms to this designation and polices of the Official Plan. 159 Report PD 37-05 Subject: Zoning By-law Amendment Application A 8/05 Date: August 25, 2005 Page 4 2.1.2 2.2 2.2.1 The Woodlands Nei.qhbourhood and the Kingston Road Corridor Development Guidelines (Whites Road Corridor) are being adhered to The Woodlands Neighbourhood policies primarily focus on the 'Northeast Quadrant' lands. The proposed development is located outside of the 'Northeast Quadrant' lands. The proposed development is affected by the policies of the Kingston Road Corridor Development Guidelines (Whites Road Corridor). The corridor guideline objectives encourage the creation of a corridor that supports a high volume of vehicular traffic but with pedestrian amenity zones in strategic areas. This corridor guideline encourages a built form that locates buildings close to the street. The height of buildings along this corridor, on both sides of Kingston Road, should be a minimum height of two storeys. The streetscape along Kingston Road should have a pedestrian element and should be consistent with surrounding developments. The proposed amendment has been evaluated against these guidelines and has been determined to comply. Zoning By-law and Site Development Permitted uses to reflect those currently permitted within the Steeple Hill Plaza to the west, however a drive-thru facility will not be permitted The proposed zoning for the development will permit the same uses as the Steeple Hill Plaza to the west with the exception of a Restaurant type F (drive- thru). The 'MU-10' zoning category applicable to the Steeple Hill Plaza permits the following range of uses: · Bakery; · Business Office; · Club; · Commercial Club; · Commercial- Recreational Establishment; · Day Nursery; · Dry Cleaning Depot; · Financial Institution; · Food Store; · Personal Service Shop; · Place of Assembly; · Private School; · Professional Office; · Restaurant-type A; · Restaurant-type F; · Retail Store; A Restaurant - type F, which allows a drive-thru component, is not recommended as a permitted use. Due to the size of the site and the current operation of two drive-thru restaurants on the Steeple Hill Plaza property to the west (Burger King & Second Cup) and a Tim Hortons drive-thru to the east, the introduction of another drive-thru would create additional traffic within and surrounding the proposed development lands and Steeple Hill Plaza site. Furthermore, the site size restricts efficient traffic movements for a drive-thru. Report PD 37-05 Subject: Zoning By-law Amendment Application A 8/05 Date: August 25, 2005 Page 5 2.2.2 2.2.3 3.0 The 'MU-10' zoning of the Steeple Hill Plaza will be revised to include the proposed development Minor changes will be made to the 'MU-10' zone category of the Steeple Hill Plaza By-Law 5438/99 to allow the proposed development to be combined with the Steeple Hill Plaza property. Proposed changes to By-law 5438/99 include: Revise the easterly setback to 3.0 metres to allow for appropriate buffering between the proposed development and the Tim Hortons property, while eliminating the opportunity for a drive aisle at the rear of Building 'B'; Extend the easterly build-to-zone to a length of 100 metres, while maintaining the 7.5 metre depth and 30% minimum length requirement, to push Building 'B' as close to Kingston Road as possible; Increase the maximum combined Gross Leasable Floor Area requirement to 8,500 square metres to accommodate for the 1975 square metres of proposed new development; Parking and other special regulations of the 'MU-10' zone will not be affected by combining the Steeple Hill Plaza and the proposed development under the same zone category. With the proposed development and the existing plaza, there would be a surplus of 14 parking spaces. Site Plan approval will be required in order to ensure proper site function and design The proposed development will be subject to site plan approval from the Director, Planning & Development. The site plan approval process will evaluate site function and building design. The buildings proposed for this development should consider the existing design of the Steeple Hill Plaza buildings. Furthermore, the landscaping elements of the Steeple Hill Plaza should be extended to the east along the Kingston Road frontage to maintain a consistent visual presence onto Kingston Road. No blank walls should be facing Kingston Road, as the intention of bringing a building closer to the street line is to have the focus of the building to the street. These components will be evaluated through the site plan review process. Applicant's Comments The applicant has been advised of the recommendations of this report. ~. 6 1. Report PD 37-05 Subject: Zoning By-law Amendment Application A 8/05 Date: August 25, 2005 Page 6 APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes from Statutory Public Information Meeting 5. Comments from the Region of Durham Planning Department 6. Comments from Veridian Connections 7. Comments from Pickering Fire Services 8. Comments from Supervisor, Development Control Prepared By: Geo~ R~h~anowski, CRT PlaC~ner fl Approved / Endorsed By: ND~r~cCt~°p~ R&P~)evelopment Lynda Taylor, MCIP, RPP Manager, Development Review GXR:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council '~'" // -~h~rn~a~ ~J';'Quin~ Chi~.,CAdmini"~~ 162 APPENDIX I TO REPORT NUMBER PD 37-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 8~05 163 THE CORPORATION OF THE CITY OF PICKERING~~,¢/~~I' BY-LAW NO. Being a By-law to amend Restricted Area Zoning By-law 3036, as amended by By-law 5438/99, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 29, Range 3, B.F.C. (40R- 23222, Parts 1 & 2), in the City of Pickering. (A 8/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a variety of office and commercial uses, for North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), the in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULEI&II Schedule I & II to By-law 5438/99, as amended by By-law 5556/99, are hereby revoked and replaced with Schedule I & II attached hereto. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands being North Part of Lot 29, Range 3, B.F.C. (40R-23222, Parts 1 & 2), in the City of Pickering, designated "MU-10" on Schedule I & II attached to this By-law. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. TEXT AMENDMENT SECTION 5. Provisions of By-law 5438/99, as amended by By-law 5556/99, is hereby amended, as follows: (1) Subctause 5.(2)(c)(i) is to be repealed and replaced with the following: (i) The maximum combined gross leasable floor area for all uses on the lands zoned "MU-10" on Schedule I attached to this By-law shall be 8,500 square metres; (2) Clause 5.(2)(c) is amended by adding subclause (vii) after subclause (vi): (vii) A Restaurant type - F use is not permitted in the hatched area outlined on Schedule I attached to this By-law; BY-LAW 5438199 By-law 5438/99, as amended by By-law 5556/99, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Sections 1 and 4 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ~ day of ,2005. Dave Ryan,Mayor Debi A. Bentley, City Clerk 164 MU-lO PARTS I & 2, 40R-16854 PT..OF LOT '. , .RA~CE. 40R-23222, PART I & 2 SEE SECTION SEE SECTION 5(2)(c)0v), 5(2)(c)(v), & 5(2)(c)(vi) SCHEDULE Z TO BY-LAW 5438/'/99 AS AMENDED BY BY-LAW AND FURTHER AMENDED BY BY-LAW PASSED THIS DAY OF ,20O5 MAYOR CLERK 165 / / / MU-lO PARTS 1 ~ 2, 40R-16854 .100% N. PT. OF LOT 29 '~B F.C. RANGE 3 .3222, PART 1 & 2 BUiLD-TO-ZONE BUILDING ENVELOPE SCHEDULE ]:[ TO BY-LAW 543~,./'99 AS AMENDED BY BY-LAW 5556/99 AND FURTHER AMENDED BY BY-LAW PASSED THIS DAY OF MAYOR 2OO5 CLERK A.?TACHMENT #~TO REPOR'I # PD .'~ '?- 11 SH EPPARD AVEN U E DAYLIGHT STREET SUBJECT PROPERTY CATTAIL RAINY DAY HILL EXISTING SHOPPING PLAZA DRIVE City of Pickering Planning & Development Department PROPERTY DESCRIPTION NORTH PART OF LOT 29, 40R-23222, PART 1 & 2 OWNER FIRST CAPITAL (STEEPLE HILL LAND) CORP. FILE No. A 08/05 DATE SCALE APR. 19, 2005 1:5000 DRAWN BY JB CHECKED BY GR PN-6 I 167 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SITE PLAN A 08/05 EXISTING ADJACENT PROPERTY KINGSTON ROAD THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING iNFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, APRIL 19, 2005. PICKERING INFORMATION REPORT NO. 11-05 FOR PUBLIC INFORMATION MEETING OF May 19, 2005 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 08/05 First Capital (Steeple Hill Land) Corporation 670 Kingston Road North Part of Lot 29, B.F.C. Range 3 (40R-23222, Part 1, 2) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 0.6 hectares in size, and located on the north side of Kingston Road between Steeple Hill Road and Whites Road (see Attachment #1 - Location Map); commercial land uses surround the subject property with National Sports to the South, Steeple Hill Plaza to the West, and Tim Hortons to the East; Dunbarton High School and the former Woodlands Centennial Public School abuts the subject property to the North. APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning of the subject property to permit a variety of office and commercial uses similar to those existing in the Steeple Hill Plaza (see Attachment #2 - By-law 5438/99 - Proposed Uses); - this application is proposing approximately 1975 square metres of new floor area within two buildings (see Attachment #3 - Applicant's Submitted Plan); - Building 'A' will consist of approximately 1405 square meters and is being proposed the rear of the property; - Building 'B' will consist of approximately 570 square metres and is being proposed in the southeast corner of the property, abutting Kingston Road. _1. ~ ~ Information Report No. 11-05 Page 2 3.0 3.1 3.2 3.3 3.4 OFFICIAL PLAN AND ZONING Durham Reqional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Living Area"; - this designation permits special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic; - the applicant's proposal appears to comply with this designation; Pickerinq Official Plan the subject property is designated "Mixed Use - Mixed Corridor" within the Woodlands Neighbourhood; this designation permits all uses permitted in Local Nodes and Community Nodes; uses that are permitted are residential, retailing of goods and services generally servicing the needs of the surrounding neighbourhood, offices, restaurants, and community, cultural and recreational uses; this property is located within one of the two Detailed Review Areas within the Woodlands Neighbourhood; Schedule II of the Pickering Official Plan -"Transportation Systems" designates Kingston Road as a Type B - Arterial Road and Transit Spine; The applicant's proposal would implement the "Mixed Use - Mixed Corridor" designation in the City's Official Plan; Woodlands Neiqhbourhood encourage and where possible require new development to be compatible with the character of existing development; encourage the introduction of uses and facilities into the neighbourhood that complement and support secondary school students and activities; Kingston Road Corridor Development Guidelines - Whites Road Corridor The Whites Road Corridor should: · support a high volume of vehicular traffic but integrate pedestrian amenity zones at strategic intersections and linkages; · establish Whites Road as a local gateway to the residential communities to the north and south, across Highway 401; · enhance parking lot appearances by placing development at the street edge; · allow for a mix of uses on either side of Kingston Road; · encourage Iow to mid rise buildings on the north side of the street with a minimum building height of 2 storeys; · encourage urbanization of Kingston Road to enhace the pedestrian streetscape by removing ditches; Information Report No. 11-05 Page 3 ~. ~¢ 0 3.5 Zoning By-law 3036 & Zoning By-law 3036 as amended by By-law 3620 the subject property is dual zoned "R3" - Residential Zone by By-law 3036 (Western Portion - School Access Lane) and "C3" - Highway Commercial Zone by By-law 3036, as amended by By-law 3620 (Eastern Portion - Pickering Nurseries) (see Attachment #4 - Zoning Map); Permitted Uses for "R3" - Residential Zone for By-law 3036 One Single Detached Dwelling Permitted Uses for "C3" - Hiqhway Commercial Zone for By-law 3036, as amended by By.law 3620 - exclusively for the production and sale of nursery stock 4.0 4.1 4.2 4.3 the applicant is requesting to amend the existing zoning property to permit a variety of office and commercial uses; this amendment applies to 670 Kingston Road. of the subject RESULTS OF CIRCULATION Resident Comments - no written resident comments have been received to date; Agency Comments - no written agency 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: · the compatibility and the appropriateness of the proposed use with the existing built form; · the examination of the preliminary site plan to ensure adequate site function; · the examination of building location on the subject property to ensure that the buildings are as close to Kingston Road as possible; · the evaluation of the Kingston Road Corridor Guidelines - Whites Road Corridor and its effect on the subject property; · the evaluation of the "MU-10" zoning to ensure that it is appropriate for the development of the subject property; ]. 7 _1. Information Report No. 11-05 ;, ~ Page 4 · ,.3 7-¢ -5 · the examination of the parking requirements for the proposed use to ensure minimum on-site parking is available, while keeping in mind that there may be the potential for shared parking to ocCur; · the examination of this application to ensure that it is consistent with the polices of the 2005 Provincial Policy Statement; 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 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. 6.0 OTHER INFORMATION 6.1 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; 6.2 Information Received copies of the Applicant's Submitted Plan prepared by Scoler Lee & Associates, and a Phase I Site Assessment prepared by Jacques Whitford are available for viewing at the offices of the City of Pickering Planning & Development Department; Information Report No. 11-05 Page 5 172 6.3 Property Principal The owner of the property is First Capital (Steeple Hill Land) Corporation and the agent for this application is Ron Richard from R.G. Richards & Associates. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner II GXR:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development 173 APPENDIX NO. I TO INFORMATION REPORT NO. 11-05 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date PICKEf NG Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, May 19, 2005 7:00 P.M. 174 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. (IV) ZONING BY-LAW AMENDMENT APPLICATION A 08/05 FIRST CAPITAL (STEEPLE HILL LAND) CORPORATION 670 KINGSTON ROAD NORTH PART OF LOT 29, B.F.C. RANGE 3 (40R-23222, PART 1, 2) Geoff Romanowski, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #011/05. Applicant, Ron Richards was present and made public the plan to have an integrated development with existing Steeple Hill plaza, but wanted to make clear the property is under separate ownership. No comments from the public. -1- June 3, 2005 17,5 Geoff Romanowski, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 Mr. Romanowski: RECEIVED JUN 0 6 2005 CITY OF PiCKERtNG PLANNING & DEVELOPMENT DEPARTMENT 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 ax: 905-436-6612 E-mail: planning@ region.durham.on ca www. region,durham.on.ca A.L Georgieff, MCIP, RPP Commissioner of Planning Re: Zoning Amendment Application A08/05 Applicant: First Capital (Steeple Hill Land) Corporation Location: 670 Kingston Road North Part of Lot 29, B.F.C. Range 3 Municipality: City of Pickering This application has been reviewed and the follow ng comments are offered. Additional comments regarding transportation and site access will be offered at a later date. The purpose of this application is to permit the development of 2 buildings on the subject site with a variety of office and commercial uses. Re,qional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Limited office development and limited retailing of goods and services may be permitted as components of mixed use developments provided that Community and Local .Central Areas are designated in the area municipal official plan, and the functions and characteristics of such Central Areas are not adversely affected. Re_qional Services Municipal water supply is available to the subject property from an existing 400mm watermain or) Kingston Road. Sanitary sewer service will require the extension of a 300mm sanitary sewer on the south side of Kingston Road. Open-cut trenching across Kingston Road is not permitted. The applicant will be responsible for all costs associated with the sanitary sewer extension. _Transportation and Access Comments to follow. '~ervice Excellence ;r Our COmmunities" N:\pim\dc~Zoning\Comments\PickerinCA08.05.doc 100% Post Consumer 5- Pro¥in¢ial Policies & Dele.qated Ro¥iew Responsibilities 176 This application has been screened in accordance with the terms of the provincial plan review responsibilities. Phase 1 Environmental Site Assessments prepared by Jaques Whitford Environment Limited, dated February 4, 2004 and August 27, 2004, concluded that there is no evidence of environmental contamination in connection with the subject site. There are no other matters of provincial interest applicable to this application. Dwayne Campbell, Planning Analyst Current Operations Branch cc: Pete Castellan, Regional Works Department N:\pim\dckZoning\Comments\Pickering',A08-05.doc 177 August 16 2005 t.'TACHMENT # --~ TO The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E zt~, FLOOR PO BOX 623 Geoff Romanowski, Planner Pickering Civic Complex One The Esplande Picketing, Ontario L1V 6K7 Mr. Romanowski: Re: Zoning Amendment Application A08/05 Applicant: First Capital (Steeple Hill Land) Corporation Location: 670 Kingston Road North Part of Lot 29, B.FoC. Range 3 Municipality: City of Picketing WHtTBY ON L1N 6A3 CANADA 905-668-7711 Cax: 905-666-6208 ---mail: planning@ region .durham .on .ca www. region.durham.on.ca A.L. Georgieff, MClP, RPP Commissioner of Planning Further to my comments on June 3, 2005, the following comments regarding transportation and site access are offered. The purpose of this application is to permit the development of 2 buildings on the subject site with a variety of office and commercial uses. Transportation and Access Kingston Road is designated as a Type B Arterial Road in the Durham Regional Official Plan. The subject site currently has three entrances from Kingston Road. The entrance located at the west limit of the property wil service the site and the remaining two entrances must be closed. A centre-raised median and a right- turn taper lane will be required to restrict access to right-in/right-out movements only. The Whites Road and Kingston Road intersection is scheduled for reconstruction in 2006. Part of the reconstruction includes the installation of a centre-raised median on Kingston Road from Whites Road to the east limit' 'of the subject property. The applicant will be responsible for the full cost of extending the median across the frontage of the property to the existing median located approximately 10 metres west of the property. A detailed engineering drawing is required as part of the site plan application for review by the Regional Works Department. All costs associated with the required improvements are the responsibility of the applicant. "Service Excellence Dwayne Campbell, Planner Current Operations Branch cc: Pete Castellan, Regional Works Department N:\pim\dc~Zoning\Comments\P~ckering~AO8-O5pt.b doc 100% Post Consumer F, Ud/Ur' VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW MUNICIPALITY: ?ickcrmg REF. NO.: A 08/05 SUBMISSION DATE: Apn/25, 2005 1 Ve.'id~an Coanec~ons has no ol;j-.cdoa to Se proposed rezon.mg app~carion. Other: ' Complete se~cmg details ~ depend on Ioa~:g de~ail~ prm4detl bX thc: Apphcant Technical Representative -Don Barnett Telephone 427-9870 Ext. 3253 PP/df 178 179 Notice of a Public Meetinq to be held Thursday May 19, 2005 at 7:00 p.m. Pickering Civic Complex - Council Chambers One the Esplanade, Pickering, L1V 6K7 for the following Planning Applications File Type & Number Owner / Applicant Property Location Proposal Reports Submitted with the Application Written Information Available Last Date for Comment Planning Contact Pickering Official Plan Designation Zoning By-law 3036/00 & Zoning By-law 3036/00, as amended by By-law 3620 Zoning Amendment Application - A 08/05 First Capital (Steeple Hill Land) Corporation North Part of Lot 29, B.F.C Range 3 (40R-23222, Part 1, 2) (670 Kingston Road) City of Pickering To amend the zoning of the subject property to permit a variety of office and commercial uses. Phase 1 Environmental Site Assessment: for 670 Kingston road and property west of 670 Kingston Road, prepared by Jacques Whitford Environmental Limited. Information Report available from the office of the City Clerk on or after April 15th, 2005 and at the information Meeting May 26th~ 2005 Geoff Romanowski, Planner 11 "Mixed Use Areas - Mixed Corridors" within the Woodlands Neighbo_urhood The west portion of the subject property (school driveway) is zoned "R3" - Residential Zone and the east portion of the subject property (Pickering Nurseries) is zoned "C3" - H_ighway Commercial Zone. Public Meeting Notice L~ '7-o 5- Page 2 ~. ~ 0 Planning Act Requirements Date of this Notice Fire Department comments Dated: qLex~ YTeat ft afire ®revention ofji'cer q't'cfLering q~ire Services If you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts any zoning by-law for this proposal. April 22, 2005 The Fire Service has no objections to the applicant's proposal to amend the zoning of the subject property to permit a variety of office and commercial uses. Thursday, April 28, 2005 Page 1 of l ATTACHMENT ~ ~ TO REPOR'I'# PD, ~-'7~0 ~ 181 Romanowski, Geoff From: Starr, Robert Sent: September 1, 2005 4:35 PM To: Romanowski, Geoff Subject: Steeple Hill Plaza, Zoning By-law amendment application A08/05 'he applicant will need to address storm water management on the site including quality, quantity, and erosion control. Jrbanization of the boulevard on Kingston road will need to be addressed in coordination with the City and Region of Durham ~,ny other comments or concerns regarding this application can be addressed with the site plan application .... Bob )1/09/2005 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY o That Report OES 30-05 regarding the supply and delivery of a 4 Ton Dump Truck, be received; and That Quotation No. Q-35-2005 submitted by Scarborough Truck Centre Inc. for the supply and delivery of a 4 Ton Dump Truck with snow plow and wing and electronic salt metering in the amount of $12,468.00 (GST and PST extra), be accepted; and That the optional wing suspension bag as quoted upon by Scarborough Truck Centre Inc. in the amount of $459.00 (GST and PST extra), be accepted; and That the total gross purchase cost of $187,366.05 and a net purchase cost of $175,961.16, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $175,000.00 for a period not exceeding 10 years, at a rate to be determined; be approved and the balance of approximately $962 plus financing costs be financed from current funds; and b) That financing and repayment charges in the amount of approximately $22,700 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; and 183 -2- c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2005 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. That staff at the City of Pickering be given the authority to give effect thereto. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: OES 30-05 Date: August 30, 2005 184 From: Richard W. Holborn, P. Eng. Division Head Municipal Property & Engineering Subject: Supply and Delivery of 4-Ton Dump Truck - Q-35-2005 - File: A 2130 Recommendation: 1. That Report OES 30-05 regarding the supply and delivery of a 4 Ton Dump Truck be received and that: Quotation No. Q-35-2005 submitted by Scarborough Truck Centre Inc. for the supply and delivery of a 4 Ton Dump Truck with snow plow and wing and electronic salt metering in the amount of $162,468.00 (GST and PST extra) be accepted; 3. That the optional wing suspension bag as quoted upon by Scarborough Truck Centre Inc. in the amount of $459.00 (GST and PST extra) be accepted; 4. The total gross purchase cost $187,366.05 and a net purchase cost of $175,961.16 be approved; 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; A) B) C) Debt financing through the Region of Durham in the amount of $175,000.00 for a period not exceeding 10 years, at a rate to be determined; be approved and the balance of approximately $962 plus financing costs be financed from current funds. Financing and repayment charges in the amount of approximately $22,700 be included in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid; The Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2005 as established by the Province for Municipalities in Ontario; 185 Report OES 30-05 Subject: Supply & Delivery of 4-Ton Truck Q-35-2005 Date: August30,2005 Page 2 D) The Treasurer be authorized to take any actions necessary in order to effect the foregoing: and 6. Staff at the City of Pickering be given the authority to give effect thereto. Executive Summary: Not Applicable Financial Implications: 1. Approved Source of Funds 2005 Capital Budget Debt (10 years) Account 2320/6157 Proiect Code 05-2320-001-00 Total Approved Funds Amount SI90,000.00 $190,000.00 Estimated Project Costing Summary Q-35-2005 4 Ton Dump Truck Optional wing suspension bag Sub Total G.S.T. P.S.T. Total Gross Purchase Cost G.S.T. Rebate Total Net Purchase Cost $162,468.00 459.00 $162,927.00 $11,404.89 $13,034.16 $187,366.05 ($11,404.89) $175,961.16 Project Cost under (over) Approved Funds $14,038.84 The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. CORP0227-07/01 Report OES 30-05 Subject: Supply & Delivery of 4-Ton Truck Q-35-2005 Date: August30,2005 Page 3 186 Background: The purchase of a 4-Ton Dump Truck with snow plow and wing was approved by Council in the 2005 Capital Budget. Through market research and analysis of emerging technology in winter control, Fleet Operations compiled specifications for this piece of equipment. Supply & Services invited seven (7) vendors to participate in the bidding process of which two (2) have submitted quotations. Upon careful examination of all quotations received by Supply & Services, the Municipal Property & Engineering Division recommends acceptance of the Iow bid from Scarborough Truck Centre Inc. in the amount of $162,927.00 (GST and PST extra) and that a total net purchase cost of $175,961.16 be approved. The accepted bid includes the optional driver controlled wing suspension bag to enhance driver control and ride quality during winter control operations. This report has been prepared in conjunction with the Manager Supply & Services who concurs with the foregoing. Attachments: 1. Supply & Services Memorandum (dated July 13, 2005) 2. Supply & Services Letter (dated July 26, 2005) CORP0227-07/01 187 Report OES 30-05 Subject: Supply & Delivery of 4-Ton Truck Q-35-2005 Date: August 30, 2005 Page 4 Prepared By: Grant Smith Supervisor, Fleet Olerations Vera Felgern'~cher ~ / Manager, Supply & Services ~EveCett Bunts'rr~ ' Director, Operations & Emergency Services Gillis A. Paterson Director, Corporate Services & Treasurer Richard W. H.~orn, P. Eng. D,,i4,ision Head' ~4unicipal Property & Engineering GS Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City;Council /'/'" '~ =l'hda~"~J. Quid, Chi~dmin~O~ce¢ CORP0227-07/01 July 13, 2005 CORPORATE SERVICES DEPARTMENT MEMORANDUM ~:':~':'~"'.~,C~,~:~,~E~,:~';'¢-* ..... ! /'O R.EPORT~O¢----~ -~O 188 RECEIVED JUL t 5 2005 CiTy OF' P[CKERING To: Subject: Richard Holborn, Division Head, Municipal Property & Engineering Bob Kuzma Purchasing Analyst Quotation No. Q-36-2005, Supply & Delivery Four-Ton Dump Truck Closing: July 8, 2005 Quotations have been received for the above project. Seven (7) companies were invited to participate of which two (2) responded. Quotations shall be irrevocable for 60 days after the official closing date and time. Copies of the quotations are attached for your review along with the summary of costs. Each line item provides a space for the vendor to indicate a "Yes, No, Specify" to provide the City with information and details to subjectively review each line item and the sum total of all specifications. Supplementary Quotation Terms & Conditions Item 8 states where a manufacturer deviates from the quotation specifications, they must indicate "NO" and then specify the changes. The acceptance of these deviations relies solely within the discretion of the User Department/Division. The quotation submitted by Scarborough Truck Centre Inc. in the total amount of $186,838.20 is the Iow quotation, subject to further evaluation of the vehicles conformance to specification. Please advise with your recommendation any reason the Iow bid from Scarborough Truck Centre Inc. is not acceptable. SUMMARY After Calculation Vendor Amount G,S.T. P.S.T. Total Check Scarborough Truck $162,468.00 $11,372.76 $12,997.44 $186,838.20 $186,838.20 Centre Inc. Donway Ford Sales Ltd. $168,894.00 $11,822.58 $13,511.52 $194,228.10 $194,228.10 Richard Holborn ,July 13, 2005 '1 8 9 Page 2 In accordance with Purchasing Policy Item 04.05 revised, an award exceeding $81,000 is subject to Council approval. Include in your report to Council: 1. if reference information is acceptable the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto 2. Treasurer's confirmation of funding 3. related departmental approvals 4. any reason(s) Why the Iow bid of Scarborough Truck Centre Inc. is not acceptable, and 5. related comments specific to the project Bidders will be advised of the outcome. Please do not disclose pricing to enquiring bidders. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information or assistance during the evaluation phase of this quotation call, feel free to contact me at extension 2131. Thankyou, /bk Attachments PICKERING ~TTACHMENT#, .'"~.. rO REPORT/~. 0~.~ ~0 - o..~ Pickenng Civic Complex One The Esplanade . Pickering, Ontario Canada L1V 6K7 Direct Access 905.420.4660 Toll Free 1.866.683.2760 cityofpickenng.corn CORPORATE SERVICES DEPARTMENT Department 905.420.4634 North Pickenng 905.683.2760 Facsimile 905.4~.5313 corpserv@ciW, pickering.on.ca D. Kovacic, President Scarborough Truck Centre Inc. 1810 Markham Road Toronto, Ontario M1B 2W2 July 26, 2005 Via: Facsimile 4¢6.291.1657 190 Subject: Q-36-2005 Supply & Delivery of 4-Ton Dump Truck CLOSING: Friday, July 8, 2005, 12:00 Noon Your quotation is irrevocable for sixty (60) days after the official date of closing, the expiry thereof being on or about September 6, 2005. For reasons beyond the City's control, consideration and acceptance of a quotation remains pending. Please confirm your agreement (or not) to extend the irrevocability period of your bid to a date of Friday, September 30, 2005. A response by facsimile (905.420.5313) to the attention of Supply & Services at your earliest convenience is appreciated. check one) ~ "1 hereby agree to extend the irrevocability period of Quotation No. Q-36-2005 to September 30, 2005." [] "1 DO NOT agree to extend the irrevocability period of Quotation No. Q-36-2005 to September 30, 2005." BIDDER'S FULL NAME: DATE: ADDRESS: POSTAL CODE: TELEPHONE NO. FAX NO. E-MAIL ADDRESS SIGNATURE OF AUTHORIZED SIGNING OFFICER PRINT NAME TITLE /bt copy for: Youi% truly Vera ,~.. "Felgemacher, C.P.P., CPPO, CPPB, C.P.M., CMM Manager, Supply & Services Division Head, Municipal Property & Engineering (Acting) Superintendent, Municipal Operations. 191 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report to Council OES 31-05 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake Two, be received; and That the Corporation of the City of Picketing participates in COMRIF Intake Two through he submission of an application by the application deadline of September 30, 2005; and a) That the City of Pickedng's participation in COMRIF Intake Two shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $7t0,600 and a net estimated City cost of $236,867, at the following locations as its highest priority: · Palmer Bridge · Michell Bridge as provided for and approved in the 2005 Capital Budget; and OR b) That the City of Pickedng's participation in COMRIF Intake Two shall consist of an undertaking of a bridge reconstruction at a total estimated cost of $1,000,000 and a net estimated City cost of $333,334 at the following location at its highest priority: · Sandy Beach Road south of Parkham Crescent 192 o and this project be included in the 2006 Capital Budget; and That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and That the COMRIF Intake Two project be identified as a Capital priodty in the 2005 or 2006 Capital Budget, subject to receiving approval of funding by COMRIF; and That the appropriate officials of the City of Pickering be given authority to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Report Number: OES 31-05 Date: September 1, 2005 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two -Proposed Pickering Project - File: A-2130 Recommendation: o That Report to Council OES 31-05 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake Two be received; and That the Corporation of the City of Pickering participates in COMRIF Intake Two through the submission of an application by the application deadline of September 30, 2005; and a) That the City of Pickering's participation in COMRIF Intake Two shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $710,600 and a net estimated City cost of $236,867, at the following locations as its highest priority · Palmer Bridge · Michell Bridge as provided for and approved in the 2005 Capital Budget; and OR b) That the City of Pickering's participation in COMRIF Intake Two shall consist of an undertaking of a bridge reconstruction at a total estimated cost of $1,000,000 and a net estimated City cost of $333,334 at the following location at its highest priority · Sandy Beach Road south of Parkham Crescent and this project be included in the 2006 Capital Budget;and That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and Report OES 31-05 Date: September 1, 2005 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two Page 2 Proposed Pickering Project 194 o That the COMRIF Intake Two project be identified as a Capital priority in the 2005 or 2006 Capital Budget, subject to receiving approval of funding by COMRIF. The appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: The Federal and Provincial Governments announced a new funding program (COMRIF) for infrastructure renewal for municipalities with a population of less than 250,000. The City applied for and received COMRIF Intake One funding for the Bulmer Bridge and the Reesor Creek Bridge deck replacements. The governments of Canada and Ontario announced the launch of COMRIF Intake Two on June 16, 2005. The City should also apply for a project meeting the criteria for Intake Two by the deadline date of September 30, 2005, subject to a Council Resolution. Report OES 31-05 briefly discusses the details of the program and recommends a project for Council's approval. Staff recommend that Council approve either a project consisting of two bridge deck replacements for Palmer Bridge and Michell Bridge at a cost of $710,600, both of which were included in the 2005 Capital Budget or a project consisting of the reconstruction of the bridge on Sandy Beach Road south of Parkham Crescent at a cost of $1,000,000 which will be included in the 2006 Capital Budget. Municipalities can submit only one application. Financial Implications: Under COMRIF, the Governments of Canada and Ontario have each committed up to $298 million. With municipal contributions, this program is expected to generate approximately $900 million in infrastructure investment needs, over the proposed three "Intakes". Unlike the Canada-Ontario Infrastructure Work Program (COIW) in 1994, there is no set allocation of funds for each municipality. Municipalities that apply to COMRIF are in competition for project and funding approval. The City of Pickering's project consisting of two bridge deck replacements is estimated at $710,600 of which, if approved for funding, Pickering's share would be $236,867 representing one third of the cost of the project which would be financed through the issuance of debt. These projects were approved in the 2005 Capital Budget in anticipation of approval during COMRIF Intake One. These projects were not accepted for Intake One funding but can be applied for again in Intake Two. The City could alternatively apply for COMRIF Intake Two funding for the reconstruction of the bridge on Sandy Beach Road south of Parkham Crescent. Since this is an entire bridge reconstruction, including abutments, it cannot be bundled with two bridge deck replacements identified above. The Sandy Beach Road bridge reconstruction is estimated at $1,000,000 of which, if approved for funding, Pickering's share would be $333,334 representing one third of the cost of the project. Subject to COMRIF Intake Two approval, this project would be requested in the 2006 Capital Budget. J1. 95Rep°rt OES 31-05 Date: September 1, 2005 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two Page 3 Proposed Pickering Project Also included in the 2005 Capital Budget, the Greenwood Bridge is not being suggested for Intake Two as it does not meet the criteria set out by COMRIF. A further report will be submitted to Council once the results of the application are known and tender costs have been received as costs and debt financing for the City's share must be approved by Council. Background: On November 15, 2004, the Federal and Provincial Governments and the Association of Municipalities of Ontario (AMO) announced the $900 million Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF). This five-year program of infrastructure renewal has been made available to small urban and rural communities with a population of less than 250,000. Each partner (federal, provincial and local municipality applicant) will share the cost of the project equally at one third each. COMRIF is a five-year program that has been divided into three intakes. The first intake, November 2004, had an application deadline of January 10, 2005. Intake Two was announced on June 16, 2005 and has a deadline application of September 30, 2005, and Intake Three is anticipated for Spring 2006. All projects will have to be completed by March 31, 2009. Eligible municipalities can submit only one application per intake. This report responds to the criteria set for Intake Two. As more information becomes available for Intake Three, Council will be advised as to the City's eligibility and proposed projects. The focus for COMRIF Intake Two is the same as Intake One, namely infrastructure renewal and improvements in the following areas: i. Water ii. Wastewater iii. Local bridges and roads iv. Solid waste management As for Intake One, the criteria for project selection are health and safety, public policy priorities and value for money. Projects must be supportive of federal and provincial policy directions such as, reducing greenhouse gases, sustainable water and sewage systems, economic development and increased waste diversion. For Intake Two, the projects must be considered as construction ready, meaning any Environmental Assessment work should be complete and the project ready to proceed to detail design, and preparation of construction drawings and contract documents. Successful applicants will be required to enter into a Contribution Agreement with the Province of Ontario. This is consistent with the requirements of the COMRIF agreement. Costs that will be eligible for COMRIF funding must be directly related to the project and incurred after the signing of the COMRIF agreement. Report OES 31-05 Date: September 1,2005 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two Page 4 Proposed Pickering Project 196 Proposed City of Pickering Project: Staff from the Operations & Emergency Services Department met with the Chief Administrative Officer to discuss potential projects that were a best fit for the criteria and priorities established by COMRIF. It was decided that either a project consisting of two bridge deck replacements at a total cost of approximately $710,600 or one bridge reconstruction at a total cost of approximately $1,000,000 would be recommended to Council. In February 2004, the City received the results of four bridge deck condition surveys that were undertaken by Totten Sims Hubicki (TSH) in the Fall of 2003. The City has also completed a design and environmental assessment for the bridge replacement on Sandy Beach Road. The bridges referred to in this report are discussed in detail below. Palmer Bridqe Over Duffins Creek A Bridge Deck Condition Survey was carried out in October 2003. The Palmer Bridge is located on Valley Farm Road, 0.4 km north of Finch Avenue in the City of Pickering. The existing Palmer Bridge, which was constructed about 1965 over the Duffins Creek, is a 24.4 m single span precast concrete girder bridge with a concrete deck and an asphalt wearing surface. The bridge deck is supported on seven lines of precast concrete girders, which are supported on concrete abutments constructed normal to the roadway alignment. Based on the results of the inspection and resting program of the Palmer Bridge, it is recommended that the existing asphalt wearing surface, concrete deck, concrete curbs and handrail system be removed and replaced. A new concrete sidewalk should be constructed along the east side of the deck. The deck joints should be eliminated at the abutment walls and the walls restored. New guide rail eccentric loader end treatments should be installed to all quadrants of the structure. The asphalt road approaches should be adjusted to the new deck profile and rock protection on the southeast embankment is required. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $453,200. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Michell Bridqe Over Reesor Creek A Bridge Condition Survey was carried out in November 2003. The Michell Bridge is located on the Seventh Concession Road, 0.80 km west of Sideline 32 in the City of Pickering. The existing Michell Bridge, which was constructed about 1962 over the Reesor Creek, is 15.2 m single span concrete rigid frame bridge with a concrete deck and a gravel wearing surface. The concrete deck is supported on concrete abutments constructed at 30 degrees to the roadway alignment. Based on the results of the inspection and testing program of the Michell Bridge, it is recommended that the existing gravel wearing surface, granular base, concrete and handrail systems be removed and replaced. The existing the concrete deck needs to be removed and replaced. The new aecK wiii aiso require wa[erprooi'ing and Report OES 31-05 Date: September 1, 2005 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two Page 5 Proposed Pickering Project retaining walls and wingwalls are to be rehabilitated. The road approaches should be adjusted to match the new deck profile. A new steel beam guide rail with end treatments should be connected to the new concrete parapet walls. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $257,400. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Sandy Beach Road Bridqe In 2003 a Request for Proposal RFP-09-2003 was called for Consulting Services for the design, contract preparation and construction review of the Sandy Beach Road bridge reconstruction over the Krosno Creek, between Parkham Crescent and Montgomery Park Road. RV Anderson was the successful consultant for this project. The work also included acquiring the necessary approvals from the Toronto & Region Conservation Authority, the Department of Fisheries and Oceans, Ministry of Natural Resources and Transport Canada for Navigable Waters. Approval from the Federal Government for Transport Canada for a screening was required for this project under the Canadian Environmental Assessment Act. All approvals and the detail design and tender specifications for the bridge reconstruction will be completed shortly which would allow the City to call a tender for 2006 construction. The proposed bridge structure is very similar to the one installed on Rosebank Road south of Granite Court in 2003 and based on recent construction costing is estimated at approximately $1,000,000. Application Process: The COMRIF application is an "on-line" process that staff will undertake after direction from Council is received. One of the components to the application is a Council resolution endorsing the project as the municipality's highest priority. Attachments: 1. Location Maps (3) Report OES 31-05 Date: September 1, 2005 Subject: Canada-Ontario Municipal Rural Infrastructure Fund Intake Two Page 6 Proposed Pickering Project 198 Prepared By: d'arreli-Selsl~y, ~-E"I= Supervisor, Engineering & Capital Works Evere~B'untsm~'~ Director, Operations & Emergency Services Ri ard w. Ho~ orn, P. Eng. ~ion Head~,~;~ Municipal Property & Engineering DS:ko Attachments G~ is aterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co[~n~cil ,'/ · Thorr~/J. Ou(,~ Chi~/Admin~~_ CORP0227-07/01 199 COURT PEPPERWOOD GREENMOUNT STREET -., FINCH STREET OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION N.T.S. SEPT 212005 BRIDGE No.'Il CORRIDOR LANE BOULEVARD BRIDGE REPORT ALPINE FINCH 0 0 I"I(ZKPiNIN(; I L:\MPondE\Thematic Mapping\Mops\MP&E - £ng[neerfng\Attochment for Report\2004\2004 E-Reporf-O4.dwg SEVENTH MICHELL BRIDGE No.24 Z OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & N.T.S. SEPT 2/2005 Z · BRIDGE REPORT IVllL.;HI-LL 1~1~11..]~.51::: PlO. Zq' L:\MPondE\rhemotlc Mopping\Mops\MP&E - £ngineedng\~ttochment for I~eporf\2004\2OO~ E-Report-O4. dwg OR~E FOROON STREET STREET BOULEVARD AVENUE kRD AVENUE I ~ ~ , p~KI LFOXOLOVE AVENUE STREET --"~O~ [ BROADVIEW STREET ~N~ND STRE~ STRE~ COMMERCE STREET No. 2 0 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & N.T.S. I SEPT 2/2005 AVENUE PARKHA~ ALYSSUM ST. BRIDGE REPORT ~Y 0 (D ¢SIDE 0 c~ )-- 'T" L:\MPand£\Themotlc Mapping\Mops\MP&£ - Enginaerfng\,4t~achment for I~eporf\2004\2004 E-Repor~-O4, dwg 202 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY 1. That Report CS 61-05 of the Director, Corporate Services & Treasurer, be received; and That the Director, Corporate Services & Treasurer be authorized to issue the FINAL 2005 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of October 14th, 2005; and That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure the tax billing process is completed and in order to comply with Provincial Regulations; and 4. That the necessary By-law attached to this report be read three times and approved; and 5. That the appropriate officials of the City of Pickering be given authority to give effect hereto. 203 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 61-05 Date: September 1, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2005 Final Tax Due Dates for Commercial, Industrial and Multi- Residential Realty Tax Classes Recommendation: It is recommended that report CS 61-05 of the Director, Corporate Services & Treasurer be received; and that: the Director, Corporate Services & Treasurer be authorized to issue the FINAL 2005 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of October 14th, 2005; the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure the tax billing process is completed and in order to comply with Provincial Regulations; the necessary By-law attached to this report be read three times and approved; and, the appropriate officials of the City of Pickering be given authority to give effect hereto. Executive Summary: Adoption of the above recommendations and passing the attached By-law provides for the final 2005 tax billing for non-residential tax classes (commercial, industrial and multi-residential). During the last few years, the City has billed the final non-residential taxes separately mainly due to the additional steps that are required as a result of the capping legislation. In addition, the final education tax rates for the industrial tax class as issued by the Province were not approved by the Region until June 29, 2005. Report CS 61-05 Date: September 1, 2005 Subject: 2005 Final Tax Due Dates for Commercial, Industrial and Multi- Page 2 Residential Realty Tax Classes 204 Financial Implications: The attached By-law is for the FINAL billing of 2005 property taxes for commercial, industrial and multi-residential properties. This billing of final property taxes will raise approximately $24.1 million for the City, Durham Region and School Boards. Tax bills for the Residential tax classes were issued on June 21, 2005 with due dates of July 15th and September 29th. Background: In 1998, the Province introduced Current Value Assessment or CVA on a Province wide basis to replace the old patch quilt system (throughout the Province) where each municipality used a different base year for assessment purposes. The end result of CVA was the fact that some business were experiencing property tax increases well above 100%. To reduce the property tax increases, the Province introduced capping legislation in 1998. The City of Pickering will soon be in a position to issue the final 2005 property tax bills in accordance with the capping provisions of Bill 140, Continued Protection For Property Taxpayers Act, passed by the Province on December 4, 2000 and implemented through various Regulations. (Bill 140 replaced the original capping legislation of Bill 79 introduced and approved in 1998). This legislation was put in place to limit assessment reform related increases to 5% per year on commercial, industrial and multi-residential properties. Under this legislation, property owners facing increases due to property assessment reform had their increases "capped" (reduced). Conversely, those properties experiencing decreases were limited to that permitted under the legislation. This meant that taxes have to be "clawed back" from those experiencing decreases to fund the loss of revenue resulting from the capped increases. The funding of the capping protection is "paid for" on a Region wide basis. The Region of Durham acts like a banker in this process. In other words, the total cost of the capping protection for example, the commercial tax class is paid for by the other commercial properties throughout the Region by having a portion of their related property tax decrease withheld (clawed back). As part of the Region wide process, City of Pickering uses a Provincial database program called "Online Property Tax Analysis" or OPTA to verify non-residential assessment data. Every municipality within Durham Region uses the OPTA system. The OPTA system became operational in January and taxation staff worked throughout the spring verifying the data and investigating the discrepancies. Assessment Review Board decisions and Minutes of Settlement were incorporated into the capping calculations up to May 6th, which was the cut-off date for these changes. After this date the area municipalities would have completed their analysis of the assessment and taxation data. Bill 83 - Leqislative Chanqes to Capping Legislation Last year, the Province passed Bill 83 (An Act to Implement Budget Measures), which .... i pi.i ;;. ..................... '' .... ' ........:-'--':-' provlueUlO[ V~l OU~5 U LJIli::t Ct/~, LUL,71,~ LIIC:IL UkJUIU Mt:;= U,,.~,~:~M IUI tll~;;2 II~JII-I~;;OI~.I[;;~III. IC4.1 205 Report CS 61-05 Date: September 1,2005 Subject: 2005 Final Tax Due Dates for Commercial, Industrial and Multi- Page 3 Residential Realty Tax Classes class. In a two tier municipal government structure, the upper tier has the option to select all or some of the tax tools. These tax tools consisted of the following options: 1. The assessment related increase cap was increased from 5% to 10%. 2. Minimum annual threshold increase of 5% of total CVA property taxation. 3. A "billing" threshold be established whereby a property who is within the $250 of its CVA based taxation would be required to pay its full CVA/property taxes. 4. Properties that fall within the new construction category will now have their property taxes phased-in to full CVA over four years. As stated above, the upper tier level of government has the responsibility to adopt or select the various tax tool options and Durham Regional Council adopted all of the tax tool options this spring. The purpose of these tax tools was to accelerate the movement of non-residential taxpayers to full CVA (which is assessment multiplied by the corresponding tax rate). By using all of the new tax tools, there are approximately an additional 2,500 properties (Durham Region wide) that are now paying full property taxes at full CVA. In addition, by adopting these tax tools for 2006, more taxpayers will be moved to full CVA/property taxes due to the compounding benefit or effect of the tax tools. For this year, the City of Pickering issued an interim tax bill to these realty property tax classes with two installment dates (February 25th and April 28th). The proposed final installment date of October 14th, provides these tax classes with some additional time to pay their tax bill. Table One below, provides a breakdown of the final billing dates for the non-residential tax classes from 2000 to 2005. Table One Non-Residential Final Billing Dates Year Number of Date Installments 2000 One October 13, 2000 2001 One October 29, 2001 2002 One October 29, 2002 2003 One October 15, 2003 2004 One October 15, 2004 2005 One October 14, 2005 As Table One indicates, the proposed 2005 final due date closely follows the pattern established during the last five years. The one installment date will assist the City in managing its cash flow due to the fact the total School Board payment of approximately $9.9 million that is required on September 30th. Report CS 61-05 Date: September 1, 2005 Subject: 2005 Final Tax Due Dates for Commercial, Industrial and Multi- Page 4 Residential Realty Tax Classes 206 Attachments: 1. By-law to Establish the 2005 Final Tax Installments and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes Prepared By: Approved / Endorsed By: Stan Karwowski Manager, Finance & Taxation ~-'~lis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,, ..- ,~ The'rn~a~ J. Qu~, Chi~dmlnis~~ 207 , ~.,-,~HM::N1 # TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6563~05 Being a By-law of The Corporation of the City of Pickering to Establish the 2005 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes. WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31, as amended and its Regulations; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Picketing. WHEREAS the Regional Municipality of Durham has passed By-law No. 16-2005 to establish tax ratios and By-law No. 17-2005 to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and By-law No. 15-2005 to set and levy rates of taxation for Regional Solid Waste Management and By-law No. 14-2005 to set and levy rates of taxation for Regional General Purposes and set tax rates on Area Municipalities; and, WHEREAS it is necessary for the Council of The Corporation of the City of Pickering pursuant to the Municipal Act, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering for the current year; and, WHEREAS an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 6451/05) before the adoption of the estimates for the current year; and, WHEREAS sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2005. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the year 2005, The Corporation of the City of Pickering (the "City") shall levy upon all Property Classes (Residential, Commercial, Industrial and Multi- residential) as set out in By-law No. 6534/05 of Schedule A, the rates of taxation, for the City of Picketing, the Region of Durham and for Education purposes on the current value assessment as also set out in Schedule A of By-law No. 6534/05. Where applicable, taxes shall be adjusted in accordance with Bill 140, as amended and its Regulations. The levy provided for shall be reduced by the amount of the interim levy for 2005. The 2005 final tax calculations for the industrial, commercial and multi-residential realty tax classes is based on the "cut-off" date as of May 6, 2005. 4. The decrease retained percentage for the realty class is outlined below: Multi residential 87.3879% Commercial 34.7922% Industrial 53.1784% 208 The 2005 taxes owed for the commercial, industrial and multi-residential assessed properties shall be due in. one installment on October 14, 2005, or as adjusted by the Treasurer. The education tax rate to be used for the 2005 industrial and large industrial tax classes is as follows: Industrial Tax Class Industrial Vacant Land Industrial Excess Land .02037383 .01324299 .01324299 Large Industrial Tax Class .02339592 Large Ind. Vacant Land .01520735 Large Ind. Excess Land .01520735 Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O.c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or pads thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O.c.25 as amended. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and podions of this By-law continue in force and effect. Taxes shall be payable to the Treasurer, City of Pickering. This By-law comes into force on the date of its final passing. BY-LAW read a first, second and third time and finally passed this 19th day of September 2005. David Ryan, Mayor Debi Bentley, City Clerk 209 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE, MOVED BY SECONDED BY That Report CS 65-05 of the Director, Corporate Services, concerning Section 357/358 of the Municipal Act- Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 357/358 of the Municipal Act, R.S.O. 2001, as amended, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. REPORT TO EXECUTIVE COMMITTEE 2 0 Report Number: CS 65-05 Date: August 31, 2005 Fro m: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes Recommendation: 1. It is recommended that Report CS 65-05 of the Director, Corporate Services & Treasurer be received and that: the write-offs of taxes as provided under Section 357/358 of the MunicipalAct, 2001 be approved; and, the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this repod represents a gross cost of $4,732.49 with a net cost to the City of approximately $1,202.06, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2005 Current Budget allocation under General Government - Provision for Uncollectable Taxes. (This account is used to write-off City cost or share of property taxes due to Minutes of Settlement, Assessment Review Board Decisions and Council approved Section 357/358 reductions.) The 2005 budget provision is $173,163 and $84,719.50 including the above has been spent to date. Background: The Mun/c/pal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of Section 357 of the Mun/c/pal Act, it allows for the reduction of taxes due to fire, demolition, exemption, assessment change or error and the tax reduction is applicable to the current year only. Section 358 of the Mun/c/pal Act allows for the reduction of taxes due to assessment error and this section can be applied to properly taxes for the two preceding years (2003 & 2004). 211 Report CS 65-05 I August 31, 2005 Subject: Section 357/358/354 of the Municipal Act- Adjustment to Taxes Page 2 Demolitions, and other physical changes to a property, such as removing or filling in a swimming pool, or damage caused by fire result in a reduction in assessment and taxes. Attachments: 1. Section 357/358 Adjustment to Taxes Prepared By: a-cy- ParsoCs' - - ' Tax Analyst GAP:tp Attachment Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council 2'//~'~Thd'rr~s ,.). Oui~', Chi · Z Z LIJ 213 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 66-05 of the Director, Corporate Services, concerning Section 357~358 of the Municipal Act- Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 357 and 358 of the MunicipalAct, R.S.O. 2001, as amended, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 66-05 Date: August 31, 2005 214 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes Recommendation: 1. It is recommended that Report CS 66-05 of the Director, Corporate Services be received; and that: the write-offs of taxes as provided under Section 357 and 358 of the Municipal Act, R.S.O. 2001, as amended, be approved; and, the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $4,594.55 with a net cost to the City of approximately $928.04, the balance being charged back to the Region of Durham and the School Boards. (The education taxes for the Public Works Canada properties will be charged to the City.) Pickering's share of the costs will be charged to the 2005 Current Budget allocation under General Government - Provision for Uncollectable Taxes. (This account reflects property tax reductions mainly due to Minutes of Settlement, Assessment Review Board Decisions and Council approved Section 357/358 reductions.) The 2005 budget provision is $173,163 and $85,871.11 including the above has been spent to date. Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Section 357 of the Municipal Act provides for the reduction of taxes due to fire, demolition, exemption, assessment change or error and the tax reduction is applicable to the current year only. Section 358 allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years. 'T'A ...... ,-,,~,~;,',~ ~n fh,-, ~ft~-hcd rlnm~m~.nl ~r¢. fr~r nror~erties owned bv the Federal Government (Public WorkS Canada.) The assessment class change Trom [axaDie [o 2 ! Ceport CS 66-05 Subject: Section 357/358 of the Municipal Act- Adjustment to Taxes August 31,2005 Page 2 payment-in-lieu have no change in dollar value. The only effect in property taxes for the Public Works properties are the cost is shared only between the City and the Region. The Federal Government properties are classifed as a "Payment-in-lieu-of Taxes" or (PIL) properties and the municipality is able to retain the education portion of the property taxes. Therefore, the City's share of the property tax write-off is higher for PIL properties. Attachment: 1. Section 357/358 Adjustment to Taxes Prepared By: T'~acy 15arsons Tax Analyst GAP:tp Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thd'~s '. Qu4~/n, ~,~ief A~c~_~~r Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer z z I-- z I.U 0 z 0 IJJ 00~ O0 ,ATTACHPiENT~ . .. 216 217 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 63-05 from the Director, Corporate Services & Treasurer, be approved; and That Council approve the internal loans of up to $50,000 to be financed from the Development Charges Reserve Funds based on the purposes, terms & conditions as specified in Attachment 1 and furthermore, that the Director, Corporate Services & Treasurer be authorized and directed to take whatever actions necessary, including the recommendations below, to give effect thereto; and 3. That the Director, Corporate Services & Treasurer be authorized to: a) undertake long term financing through the issuance of debt up to a total amount of $2,792,000 for the projects listed on Attachment 2 in the indicated amounts up to a maximum term of 20 years, through the Region of Durham or for the following purposes, as indicated in Attachment 2: Cost Centres Amount Roads $1,445,000 Sidewalks 197,000 Culture & Recreation 611,000 Fire 539,000 Total $ 2,792,000 b) undertake the financing of any projects or portions thereof that cannot be accommodated through the foregoing through internal loans or a financial institution offering long term financing under similar terms and conditions; and c) finance any capital expenditures currently financed through intemal loans, should the need for funds arise, through the Region of Durham or through a financial institution; and d) make any changes, adjustments, revisions to amounts, terms and conditions or any other actions necessary in order to effect the above directions of Council; and That the costs of undertaking the financing, currently estimated at up to approximately $28,000, be charged to the 2005 Current Budget, General Government Loan Repayment; and 5. That the annual repayment costs of principal and interest amounting to approximately $352,850 be included in the 2006 Current Budget and thereafter until the loan is repaid; and 6. That the Director, Corporate Services & Treasurer be directed and authorized to finance any capital projects, the financing for which is not specifically approved by Council, through the issuance of debt or long term financing arrangements, through the Region of Durham, a financial institution, internal loans or whatever means necessary at the discretion of the Treasurer; and That the Director, Corporate Services & Treasurer be authorized to engage the services of any individual or firm, legal or otherwise, necessary to assist in the preparation of documentation, completion of an undertaking and any other aspects in regards to the financing of capital projects; and That the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised on external and internal loans to other capital projects for which long-term financing is required, or to reduce the promissory notes for internal loans as is permitted under the Municipal Act; and o That the Director, Corporate Services & Treasurer be directed to prepare the requisite by-laws for presentation to and adoption by Council at its meeting of September 19, 2005; and 10. That the appropriate officials of the City of Pickering be given authority to give effect thereto. 219 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 63-05 Date: September 6, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Final Approval for Financing of Council Approved Capital Projects Internal Loans and External Borrowing Through the Issuance of Debt Recommendation: That Report CS 63-05 from the Director, Corporate Services & Treasurer approved; and that: be 3. the Director, Corporate Services & Treasurer be authorized to: a) undertake long term financing through the issuance of debt up to a total amount of $2,792,000 for the projects listed on Attachment 2 in the indicated amounts up to a maximum term of 20 years, through the Region of Durham or for the following purposes, as indicated in Attachment 2; Cost Centres Amount Roads $ 1,445,000 Sidewalks 197,000 Culture & Recreation 611,000 Fire 539,000 Total $ 2,792,000 b) undertake the financing of any projects or portions thereof that cannot be accommodated through the foregoing through internal loans or a financial institution offering long term financing under similar terms and conditions; c) finance any capital expenditures currently financed through internal loans, should the need for funds arise, through the Region of Durham or through a financial institution; Council approve the internal loans of up to $50,000 to be financed from the Development Charges Reserve Funds based on the purposes, terms & conditions as specified in Attachment 1 and furthermore, that the Director, Corporate Services & Treasurer be authorized and directed to take whatever actions necessary, including the recommendations below, to give effect thereto; and, Report CS 63-05 Subject: Final Approval for Financing of Council Approved Capital Projects- Internal Loans and External Borrowing Through the Issuance of Debt September 6, 2005 Page 2 22O d) make any changes, adjustments, revisions to amounts, terms and conditions or any other actions necessary in order to effect the above directions of Council; the costs of undertaking the financing, currently estimated at up to approximately $28,000, be charged to the 2005 Current Budget, General Government Loan Repayment; the annual repayment costs of principal and interest amounting to approximately $352,850 be included in the 2006 Current Budget and thereafter until the loan is repaid; the Director, Corporate Services & Treasurer be directed and authorized to finance any capital projects, the financing for which is not specifically approved by Council, through the issuance of debt or long term financing arrangements, through the Region of Durham, a financial institution, internal loans or whatever means necessary at the discretion of the Treasurer; the Director, Corporate Services & Treasurer be authorized to engage the services of any individual or firm, legal or otherwise, necessary to assist in the preparation of documentation, completion of an undertaking and any other aspects in regards to the financing of capital projects; the Director, Corporate Services & Treasurer be authorized to apply any excess proceeds raised on external and internal loans to other capital projects for which long-term financing is required, or to reduce the promissory notes for internal loans as is permitted under the Municipal Act;, o the Director, Corporate Services & Treasurer be directed to prepare the requisite by-laws for presentation to and adoption by Council at its meeting of September 19, 2005; and, 10. the appropriate officials of the City of Pickering be given authority to give effect thereto. Executive Summary: While long term financing (internal and external) was always generally approved by Council during the annual capital budgeting process and/or through specific reports, there has never been a specific formal approval by the Council for capital projects requiring such financing with the terms and conditions being specified in detail. This Report to Council serves as that final formal approval and Corporate Services will complete all the necessary documentation. The 2004 and 2005 approved debt financed capital projects will be funded by a combination of issuance of internal loans and ex~ernai debts ~hrougi~ i. il~ R~yiul~ u;' Du,ha,-,-, as pei' Att~,c',,,,,~,~t 2. Council has to formally approve the request to undertake the long term financing 221 Report CS 63-05 Subject: Final Approval for Financing of Council Approved Capital Projects- Internal Loans and External Borrowing Through the Issuance of Debt September 6, 2005 Page 3 through the issuance of debentures through the Region of Durham at the terms and conditions as arranged in the capital markets as was approved by Council for the 2004 and 2005 Capital Budgets. The Director, Corporate Services & Treasurer has certified that these loans and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2005 as established by the Province for municipalities in Ontario. Financial Implications: Total Cost of All Projects In addition to debt financing, these projects are also funded by other sources of funds. The breakdown of the various sources of funds is as follows: Sources Debentures Current Funds InternalThird Party Reserves Total Funds PreviouslyLoans Contribution& Costs Raised- Reserve Debt Funds Projects $2,792,000 107,020 144,074 50,000 298,583 520,709 $3,912,386 Other than debt financing of $2,792,000, the combined total of all other sources of funds is $1,120,386. The grand total cost of all these projects is $3,912,386. Internal Loans The $110,000 budgeted for in 2005 for the purchase of two vehicles are either financed internally or through dealer financing. The first six months of payment has been budgeted for under General Government in the 2005 Current Budget in the amount of $25,983. It is uncertain at this time, the method of financing to be used and thus not included as internal loans at this juncture. The current internal loan of $50,000 relates to a 2004 Capital Budget project for the purchase of the telescopic boom excavator was necessary due to cost of equipment exceeding the original budgeted amount. This additional requirement had been reflected in the Report to Council OES 39-04. The combined principal and interest payment for the above internal loans will be $11,150 and payment will commence in 2006. These internal loans will be temporary financed by the Development Charges Reserve Funds and repay through an allocation in the annual current budget commencing in 2006. of August 18, 2005 is 3.73%. The most recent rate available through the issue from the Report CS 63-05 Subject: Final Approval for Financing of Council Approved Capital Projects -Internal Loans and External Borrowing Through the Issuance of Debt September 6, 2005 Page 4 222 Region of Durham was the December 2004 issue and the average 5-year rate was 3.67%. Using this as a guideline and comparing the alternative of borrowing through OSIFA, OSlFA's most recent rate as of August 18, 2005 would be the more reliable rate to use for this internal loan. External Debts The total of all 2005 external debts requested is $2,792,000; out of which $617,000 is related to 2004 capital budget items and the remainder of $2,175,000 being 2005 capital projects. Attachment 2 provides a detail breakdown of all projects funded by external debt. The external borrowing rate will be determined by the capital markets at the time of the issuance of the debt. Financial Burden The annual loan and debt repayment charges are funded through the general property tax levy in the annual Current Budgets. The projected total of internal loans and debts outstanding for December 31, 2005 is $16,175,162 net of principal repayments to date. Please refer to Attachment 3. Background: Continuous growth has created a need for capital infrastructure to maintain the level of services provided to residents and businesses. Funding sources for capital projects are identified and approved by Council prior to the commencement of the projects. The continuous growth coupled with aging capital infrastructure calls for expansion to new facilities, replacement and repairs. This prompted the need for more borrowing to fund the capital projects. Total borrowings from the reserve funds to finance 2004 and prior years capital projects is projected at $5,349,162 for year end 2005. The 2005 budgeted internal loans of $110,000 for the purchase of two vehicles are to be financed either through dealer finance or internal loans when dealer financing is not a better option. Such internal borrowings require appropriate approvals and documentation in accordance with both the Municipal Act 2001, S418 and the Development Charges Act 1997, O. Reg. 82/98 s. 12(2)3,4,5. Corporate Services will complete the necessary documentation including Promissory Notes indicating the amount, term, interest rate and other relevant information relating to the internal loans and their repayment. Normally, all external debt requested by an area municipality is issued through the Region of Durham. However, if there may be other more cost effective means of financing available, the Treasurer may resort to these alternatives. Alternate financing may be desirable or necessary for some portions of the City's requirements. The Recommendations allow for the best course of action to take place. 2 2 3Rep°rt CS 63-05 Subject: Final Approval for Financing of Council Approved Capital Projects -Internal Loans and External Borrowing Through the Issuance of Debt September 6, 2005 Page 5 The recommendations also provide a limited degree of flexibility in the event that the documentation for projects or portions thereof is insufficient to meet the legal requirements for a debenture issue in that the project can then be financed through other means. They also provide for some flexibility with the treatment of excess proceeds that may be raised as a result of the market conditions (i.e. issued as a premium) or excess funds resulting once project costs are complete and final. The costs of financing of approximately $28,000 have been included in the 2005 Current Budget for the 2005 capital projects. This cost represents commissions, legal fees, registration for debentures with the Canadian Depository for Securities (C.D.S.) and any discount upon sale. Under Pursuant to Resolution 144/99 the Mayor and Treasurer has the authority to sign the Promissory Notes. Attachments: 2. 3. 4. Internal Loan Funded by Dev. Charges Reserve Fund as at December 31, 2005 External Debentures, Through Region of Durham or a Financial Institution Total Projected Internal Loans & Debts Outstanding at December 31, 2005 By-law No. 6564/05 to 6572/05 Prepared By: Approved / Endorsed By: Caryn Kong Senior Financial Analyst Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City~,Cou. nc_~il , '~/"~' -'i'hp~a~(O.-Qui!J Ch~,f/Admi~iv~icer ATTACHMENT# / 2,'I Budget Year Project Number Terms Reference Description Amount of Loans Roads 2004 04-2320-004-00 5-yr OES 39-04 Feb 7,05 Res 27/05 Q-41-2004. Telescopic Boom Excavator Gradall Model 4100 Also Ext. Debt $288,000 * Amount of internal loan identified in RTC is $63,000 reduce by proceeds. Source of fundin,q External Debt as indicated in RTC Proceed from auction sale of old excavator Current Funds Internal Loan require Cost of excavator (288,000.00) (12,582.88) (525.12) (50,000.00) * (351,108.00) $ 50,000 Total Internal Loan for 2005 $ 50,000 cs63ck attachments.xls Internal Loans 07/09/2005 Budget Year Project Number Roads 2004 04-2320-004-00 2004 04-2320-004-01 2005 05-2320-008-02 2005 05-2320-008-06 2005 05-2320-008-00 Sidewalk 2OO4 Total Roads 04-2323-001-01 04-2323-001-03 04-2323-001-04 Culture & Recreation Museum 2005 05-2744-001-01 Civic Comple~Com 2005 05-2731-005-01 Fire 2005 05-2240-001-00 Total Debentures Terms Reference Description 5-yr OES 39-04 Feb 7,05 Res 27/05 Q-41-2004 Telescopic Boom Excavator Gradall Model 4100 Also Int. Loan $50,000 5-yr OES 22-05 Supply & Delivery of an Res 109/05 June 27,2005 Articulating Wheel Loader Q-20-2005 10-yr OES 19-05 Surface Treatment Works-7th Concessi June 20, 2005 Res 99/05 Road, Hoxton Street & Westney Road Item 9 10-yr OES 29-05 Asphalt Works-Park Crescent, Res 133/05 July 25, 2005 Brougham Rd, Sideline 16 & Conc. 7 20-yr OES 24-05 Liverpool Road Nautical Res 110/05 June 27,2005 Village Boulevard & Streetscape T-3-2005 10-yr OES 33-04 Nov. 1,04 Res 135/04 T-4-2004 Asphalt & Concrete Sidewalk Installations-Annland, Eastbank, Kingston Rd.,Strouds Lane, Valley Farm Rd, Eight Concession 10-yr 10-yr OES 01-05 Jan, 17,2005 Resol 6/05 Item 1, T-6-2004 OES 21-05 June 20, 2005 Res 99/05 Item 8 Pickering Museum Village Program Centre Architectual Services- Design of doubles squash courts & aerobics studios at the Pickering Recreation Complex 10-yr OES 27-05 Supply & Delivery Res 111/05 June 27,2005 of a Fire Pumper Vehicle Q-24-2005 Amount of Debt $ 288,000 132,000 175,000 150,000 700,000 $ 1,445,000 197,000 451,000 160,000 539,000 $ 2,792,000 cs63ck attachments.xls External Debt 07/09/2005 226 Internal Loans 2001 & Capital Projects 2002 Capital Projects 2003 Capital Projects 2004 Capital Projects 2005 Capital Projects Total Internal Loans 2001 & 2002 2003 2004 2005 Dec. 31, 2005 Original Principal Principal Principal Principal Outstanding Amount Repayment Repayment Repayment Repayment Balance $7,677,000 ($1,228,926) ($939,545) ($738,935) ($857,543) $3,912,051 1,224,000 0 (98,180) (103,836) (115,361) 906,623 349,071 0 0 (27,495) (29,963) 291,613 267,000 0 0 0 (28,125) 238,875 50,000 0 0 0 0 50,000 $9,567,071 ($1,228,926) ($1,037,725) ($870,266) ($1,030,992) $5,399,162 External Debts 2002 Capital Projects $4,278,000 $0 ($252,000) ($266,000) ($280,000) $3,480,000 2003 Capital Projects 3,494,000 0 0 0 (351,000) 3,143,000 2004 Capital Projects 1,537,000 0 0 0 (176,000) 1,361,000 2005 Capital Projects 2,792,000 0 0 0 0 2,792,000 Total External Debts $12,101,000 $0 ($252,000) ($266,000) ($807,000) $10,776,000 Total Projected Debts $21,668,071 ($1,228,926) ($1,289,725) ($1,136,266) ($1,837,992) $16,175,162 cs63ck-Attachment 3.xls Total debt-RTC 2005 07/09/2005 227 ATTACHNENT #__~.TO REPORT#.(...s' ~3 - THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6564/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $288,000 for the supply and delivery of a Telescopic Boom Excavator project in the City of Pickering WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the MunicipalAct, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 39-04 at its meeting of February 7, 2005 pursuant to Resolution 27/05 and awarded Quotation Q-41-2004 for the supply and delivery of a Telescopic Boom Excavator project at that meeting; and, WHEREAS the supply and delivery of a Telescopic Boom Excavator project has been completed; and, AND WHEREAS before the Council of the City authorized the supply and delivery of a Telescopic Boom Excavator project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the supply and delivery of a Telescopic Boom Excavator project in the amount of $351,108 be financed as follows: a) That the sum of $288,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the sum of $50,000 be financed by internal loans from Development Charges Reserve Fund over a period not to exceed five (5) years; c) That the sum of $12,583 be funded by auction proceeds from the sale of the old telescopic excavator; d) That the balance of $525 be funded by 2005 Current Funds; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed this 19th day of September 2005. Mayor City Clerk 228 2 2 9 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6565/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $132,000 for the supply and delivery of an Articulating Wheel Loader project in the City of Pickering. WHEREAS Section 11 of the Municipal Act 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS municipality in any other Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a may incur a debt for municipal purposes, whether by borrowing money or way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Repod OES 22-05 at its meeting of June 27, 2005 pursuant to Resolution 109/05 and awarded Quotation Q-20-2005 for the supply and delivery of an Adiculating Wheel Loader at that meeting; and, WHEREAS the Council of the City is proceeding with the purchase of an Articulating Wheel Loader in the City of Pickering; and, AND WHEREAS before the Council o! the City authorized the supply and delivery of an Adiculating Wheel Loader project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the supply and delivery of an Adiculating Wheel Loader in the amount of $132,837 be financed as follows: a) That the sum of $132,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed five (5) years; b) That the balance of $837 be funded from the 2005 Current Budget; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING 2 3 0 BY-LAW NO. 6566/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $175,000 for the surface treatment works for Seventh Concession Road, Hoxton Street and Westney Road in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 19-05 at its meeting of June 20, 2005 pursuant to Resolution 99/05 and awarded Quotation T-7-2005 for the surface treatment works for Seventh Concession Road, Hoxton Street and Westney Road at that meeting; and, WHEREAS the Council of the City is proceeding with the surface treatment works for Seventh Concession Road, Hoxton Street and Westney Road in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the surface treatment works for Seventh Concession Road, Hoxton Street and Westney Road project in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the surface treatment works for Seventh Concession Road, Hoxton Street and Westney Road in the City of Picketing in the amount of $406,901 be financed as follows: a) That the sum of $175,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $231,901 be funded from the Easement Settlement Agreement Reserve; 23..1. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING 2 3 2 BY-LAW NO. 6567/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $150,000 for the asphalt works for Parks Crescent, Brougham Road, Sideline 16 and Concession 7 in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401(1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 29-05 at its meeting of July 25, 2005, pursuant to Resolution 133/05 and awarded Tender T-11-2005 for the asphalt works for Parks Crescent, Brougham Road, Sideline 16 and Concession 7'in the City of Pickering at that meeting; and, WHEREAS the Council of the City is proceeding with the asphalt works for Parks Crescent, Brougham Road, Sideline 16 and Concession 7 project m the City of Pickering; and, AND WHEREAS before the Council of the City authorized the asphalt works for Parks Crescent, Brougham Road, Sideline 16 and Concession 7 in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the asphalt works for Parks Crescent, Brougham Road, Sideline 16 and Concession 7 in the City of Pickering in the amount of $308,998 be financed as follows: (a) That the sum of $150,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; (b) That the sum of $98,808 be funded from the Easement Settlement Reserve; (c) That the remaining sum of $60,190 be funded from the 2005 Current Budget 233 That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING 2 3 4 BY-LAW NO. 6568/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $700,000 for the Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the MunicipalAct, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 24-05 at its meeting of June 27, 2005 pursuant to Resolution 110/05 and awarded Tender %3-2005 for the Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the City of Pickering; and, WHEREAS the Council of the City is proceeding with the Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the Liverpool Road Nautical Village Boulevard & Streetscape Improvements in the City of Pickering in the amount of $844,074 be financed as follows: a) That the sum of $700,000 for the Liverpool Road Nautical Village Boulevard & Streetscape Improvements be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed twenty (20) years; b) That the sum of $40,755 be funded from unspent amount from the 2003 budgeted Liverpool Road Millennium Square project, originally debt- financed in 2004; c) That the sum of $103,319 be funded from excess funds raised from the completed Audley Road South project, originally debt-financed in 2004; 235 That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING 2 3 ~ BY-LAW NO. 6569/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $197,000 for the Asphalt & Concrete Sidewalk Installations at Annland Street, Eastbank Road, Strouds Lane, Valley Farm Road and Eight Concession Road in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the MunicipalAct, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 33-04 at its meeting of November 1,2004 pursuant to Resolution 135/04 and awarded Tender %4°2004 for the Asphalt & Concrete Sidewalk Installations at Annland Street, Eastbank Road, Strouds Lane, Valley Farm Road and Eight Concession Road project at that meeting; and, WHEREAS the Asphalt & Concrete Sidewalk Installations at Annland Street, Eastbank Road, Strouds Lane, Valley Farm Road and Eight Concession Road project has been completed; and, AND WHEREAS before the Council of the City authorized the Asphalt & Concrete Sidewalk Installations at Annland Street, Eastbank Road, Strouds Lane, Valley Farm Road and Eight Concession Road project, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the Asphalt & Concrete Sidewalk Installations at Annland Street, Eastbank Road, Strouds Lane, Valley Farm Road and Eight Concession Road project in the amount of $229,831 be financed as follows: a) That the sum of $197,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the balance amount of $32,831 be funded from the 2005 Current Funds; 237 That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6570/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $451,000 for the Pickering Museum Village Program Centre in the City of Pickering. WHEREAS Section 11 of the Municipal Act 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS municipality in any other Subsection 401(1) of the Mun/cipalAct, 2001, as amended, provides that a may incur a debt for municipal purposes, whether by borrowing money or way; and, WHEREAS Subsection 401(3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 01-05 at its meeting of January 17, 2005 pursuant to Resolution 6/05 and awarded Tender T-6-2004 for the Pickering Museum Village Program Centre at that meeting; and, WHEREAS the Council of the City is proceeding with the Pickering Museum Village Program Centre in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Pickering Museum Village Program Centre in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: 1. That the estimated costs of the Pickering Museum Village Program Centre project in the amount of $937,336 be financed as follows: a) That the sum of $451,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the sum of $286,000 be funded by contributions from the Pickering Museum Village Foundation; c) That the sum of $190,000 be funded by the Common Facilities Reserve Fund; d) That the sum of $10,336 be funded by the 2005 Current Funds; 238 239 2. That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING 2 4 0 BY-LAW NO. 6571/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $160,000 for the Architecture Service for the design of doubles squash courts and aerobics studios at the Pickering Recreation Complex project in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401(3) of the MunicipalAct, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Picketing (the "City"); and, WHEREAS the Council of the City approved Report OES 21-05 at its meeting of June 20, 2005 pursuant to Resolution 99/05 and awarded the project to Jurecka & Associates for the Architecture Service for the design of doubles squash courts and aerobics studios at the Picketing Recreation Complex at that meeting; and, WHEREAS the Council of the City is proceeding with the Architecture Service for the design of doubles squash courts and aerobics studios at the Pickering Recreation in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Architecture Service for the design of doubles squash courts and aerobics studios at the Pickering Recreation Complex in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the Architecture Service for the design of doubles squash courts and aerobics studios at the Pickering Recreation Complex in the City of Picketing in the amount of $161,970 be financed as follows: a) That the sum of $160,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the balance amount of $1,970 be funded from the 2005 Current Budget; 241 That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City of Pickering commencing in 2006 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2005. Mayor City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6572/05 Being a by-law to confirm the authorization of the issuance of debentures in the amount of $539,000 for the Supply & Delivery of a Fire Pumper Vehicle in the City of Pickering. WHEREAS Section 11 of the Municipal Act, 2001, as amended, provides that a lower- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in that Section; and, WHEREAS Subsection 401 (1) of the Municipal Act, 2001, as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; and, WHEREAS Subsection 401 (3) of the Municipal Act, 2001, as amended, provides that a lower-tier municipality in a regional municipality does not have the power to issue debentures; and, WHEREAS The Regional Municipality of Durham has the sole authority to issue debentures for the purposes of its lower-tier municipalities including The Corporation of the City of Pickering (the "City"); and, WHEREAS the Council of the City approved Report OES 27-05 at its meeting of June 27, 2005, pursuant to Resolution 111/05 and awarded Quotation Q-24-2005 for the Supply & Delivery of a Fire Pumper Vehicle in the City of Pickering at that meeting; and, WHEREAS the Council of the City is proceeding with the Supply & Delivery of a Fire Pumper Vehicle in the City of Pickering; and, AND WHEREAS before the Council of the City authorized the Supply & Delivery of a Fire Pumper Vehicle in the City of Pickering, the Council of the City had the Treasurer update the City's Annual Repayment Limit, the Treasurer calculated the estimated annual amount payable in respect of such project and determined that such annual amount would not cause the City to exceed the updated Limit and, therefore, Ontario Municipal Board approval was not required prior to City Council's authorization as per Section 401 of the Municipal Act, 2001, as amended, and the regulations made thereunder. NOW THEREFORE, BE IT ENACTED AND ITS IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE CITY OF PICKERING AS FOLLOWS: That the estimated costs of the Supply & Delivery of a Fire Pumper Vehicle in the City of Pickering in the amount of $539,331 be financed as follows: a) That the sum of $539,000 be financed by the issue of debentures by The Regional Municipality of Durham over a period not to exceed ten (10) years; b) That the balance amount of $331 be funded from the 2005 Current Fund; That the funds to repay the principal and interest of the debentures be provided for in the annual Current Budget for the City commencing in 2005 and continuing thereafter until the loan is repaid. By-law read a first, second and third time and finally passed the 19th day of September 2OO5. Mayor 242 243 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 59-05 from the Director, Corporate Services & Treasurer, concerning Municipal Performance Measurement Program, be received for information. 244 PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 59-05 Date: September 1, 2005 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Municipal Performance Measurement Program - Provincially Mandated Public Reporting of Performance Measures Recommendation: It is recommended that Report CS 59-05 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: The City is mandated by the Province of Ontario to report on Performance Measures for specific key services areas. The collection and reporting of these measures is not in any way associated with the City's annual audit. The performance measures reported in this report are part of the Financial Information Return filed by the City and both were filed on the deadline set by the Province of May 31, 2005. These measurements are being submitted and reported by the Treasurer under the direction of Provincial authority. Attached are the Municipal Performance Measurement Program (MPMP) results for 2004 together with a supplemental information package which will be provided on the City's website, a comparison to the 2003 Measures and a copy of the Public Notice that will appear in the News Advertiser at the end of September. Financial Implications: None Background: Attachment 1 is the information mandated by the Province to be reported to the public by September 30, 2005. Comments pertaining to the compilation and interpretation of the data have been included to aid in the explanation and understanding of what is being reported. The Province has made provision for these comments and encourages their inclusion, as many municipalities do. 245 Report CS 59-05 Date: September 1,2005 Subject: Municipal Performance Measurement Program - Provincially Page 2 Mandated Public Reporting of Performance Measures With this being the fifth year of Performance Measurement reporting, one must bear in mind that these measures are still evolving as feedback from municipalities are received and are taken into consideration by the Province in determining and the development of the Performance Measures to be reported upon. The undermentioned data is a clear indication of the evolution of the measures over the years 2000 to 2004. In Year 1, 2000, data was collected for 35 measures of which 16 were required to be publicly repoded. Of these only 14 applied to the City. In Year 2, 2001, 25 measures were required to be completed and publicly reported. Of these only 15 performance measures were applicable for the City. For 2002 40 measures were required to be completed and publicly reported, but only 19 applied to the City. In 2003, 40 measures were required to be filed of which only 20 applied to the City. In 2004, data on 56 measures were required to be collected of which 53 was mandated to be publicly reported, of which 29 applied to the City. The feedback received from municipalities after the first four years has resulted in refinements to the way measures are defined and calculated which leads to improving the measures to better serve the .interests of the public and municipal needs. The results have been used as a management tool internally for evaluating the efficiency and effectiveness of the services we provide in the municipality. The Province's Financial Information Return (FIR) is also evolving to standardize information, as this is the basis of the data used in the calculations for Performance Measures. The subfunctions used by the City for reporting General Government costs is those developed from the CAO's Benchmarking Study which was mandated for use by municipalities in 2002. This change alone significantly affected the comparability of the results from 2000 to 2002. However, the results for General Government should be comparable from 2002 to 2004 as the same grouping was used. For the year 2004 significant changes were implemented in the internal tracking of data complemented by some additional accounts included in the General Ledger to accumulate costs for roads. These changes allowed us to allocate costs more appropriately for the various roads and storm water management measures. We also had changes to the number of kilometers of roads and storm water pipes reported in prior years due to a refinement in the estimate of kilometers. These changes significantly affected the results in 2004 rendering them not comparable to prior years measures. I must strongly emphasize that all of the foregoing, together with the fact no two municipalities are identical in their geography (ie. rural vs. urban) or level of service, make municipality-to- municipality comparisons relatively meaningless. It will only be through continuing efforts, ongoing experience, further clarifications from the Province and consistent reporting formulas that year-to-year comparisons within the municipality and across municipalities will start to become meaningful. Report CS 59-05 Date: September 1,2005 Subject: Municipal Performance Measurement Program - Provincially Page 3 Mandated Public Reporting of Performance Measures 246 Attachment 2 is a table highlighting the comparability, or lack of it, of the 2004 and 2003 results of this program. Attachment 3 provides a comparison of the results for the two years. The information will be posted on the City's website, as was the case in past years, and a notice to this effect will be included in the "Community Page" of the local newspaper, Attachment 4. In addition the measures are included in the Citizen's Report to be distributed this fall. The information will also be available to anyone wishing to pick it up at City Hall. Attachments: 2. 3. 4. 2004 Provincial Performance Measurement Program - Public Reporting Comparability Table - 2004/2003 Comparison of 2004 and 2003 Performance Measures Public Notice to be included in the Community Page of the News Advertiser Prepared By: Prepared / Approved / Endorsed By: Shanty RaTmoutar Senior Financial Analyst Gillis A. Paterson Director, Corporate Services & Treasurer GAP:sr Attachments Copy: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development City Solicitor City Clerk Recommended for the consideration of Pickering City Council ~, ¢, T~r~t~s O. (~n, C~¢ Admin~~ CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT OVERVIEW As required by the Ontario Government's Municipal Performance Measures Program (MPMP), the Treasurer of the City of Pickering, as part of its 2004 Financial Information Return (FIR) package, has submitted financial and related service performance measurements to the Province. This program was announced in 2000 by the Ontario Government, which requires municipalities to collect and report data to the Province and the Public in the form of performance measurements on key service areas. The objective of the Province is: to enhance accountability by reporting to taxpayers; to increase taxpayer awareness; and, to improve service delivery by sharing best practices with comparable municipalities. In keeping with enhancing accountability to taxpayers, the Province accepted new categories for reporting General Government costs recommended by the Ontario Municipal CAO's Benchmarking Imitative (OMBI). Commencing for 2002 reporting all municipalities were required to use the new General Government categories developed by ©MBI and the City has implemented this change. As municipalities change and grow, its citizens expect to receive quality, cost effective services. Performance measurements are a means of benchmarking these services. The City is committed to refining and developing new methods of collecting data so as to have more efficient and effective benchmarking tools. The benefits of this program will not be seen immediately, as municipalities in conjunction with personnel of the Ontario Government's Municipal Performance Measurement Program work towards standardizing information collected in calculating the related measures which will ultimately allow for fairer comparisons from year to year and across municipalities. In addition, a comparability table has been provided that highlights which results are comparable within the municipality's own measures and includes comments explaining why any are not comparable. Each measure is also accompanied by comments regarding aspects of the measurements. The comments are an integral part in the interpretation of the performance measure results. These results should not be compared across municipalities without consideration of the comments that impact on interpreting and understanding the results. In addition, influencing factors in the collection of data or refinements while the measures are still evolving could affect the results and comparability of same year over year. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 248 GENERAL GOVERNMENT 1.1 OPERATING COSTS FOR GOVERNANCE AND CORPORATE MANAGEMENT 2004 2003 7.40% 5.80% Efficiency Measure Operating costs for governance and corporate management as a percentage of total municipal operating costs. Objective To determine the efficiency of municipal management General Comments The following factors can influence the above results: · The extent that cost centers within municipalities directly relate to the functions included under the governance and corporate management categories Detailed Comments 2004 is comparable with 2003 result as the same methodology was used in the calculation of these results. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT FIRE SERVICES 2.1 OPERATING COSTS FOR FIRE SERVICES 2O04 2OO3 $1.18 $1.24 Efficiency Measure Operating costs for fire services per $1,000 per assessment. Objective Efficient municipal fire services General Comments The following factors can influence the above results across municipalities: Emergency response times · Number and location of fire halls · Urban/rural mix of properties as well as density of buildings. Detailed Comments Assessment value does not necessarily correlate to operating cost for fire services. The higher the assessment value, the lower the cost per $1,000 assessment. Conversely the urban/rural mix of the community will affect the results as will the size and type of commercial/industrial establishments. Number of households, response time and urban/rural mix of the municipality are factors that determine the need for fire services not the property value. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 25O ROAD SERVICES 4.1 OPERATING COSTS FOR PAVED ROADS 2004 ] 2003 $787.39 $663.82 Efficiency Measure Operating costs for paved (hard top) roads per lane kilometre Objective Efficient maintenance of paved roads General Comments The following factors can influence the above results across municipalities: · Use of the roads by heavy equipment. · The municipality's standard for road conditions in comparison with comparable municipalities. · Kilometres of paved roads in the municipality. · The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments In 2004 the City of Pickering maintained a separate account to track material costs that were directly related to paved roads. However, the costs for administration and other indirect costs have been allocated to the cost for paved roads based on management's best estimate of the proportion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control The identified costs attributable to this function include employee wages & benefits, asphalt, program support, rental of heavy equipment and shoulder maintenance. The City maintained 762 paved lane kilometers in 2004 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.2 OPERATING COSTS FOR UNPAVED ROADS 2004 2O03 $3,580.81 $6,456.69 Efficiency Measure Operating costs for unpaved (loose top) roads per lane kilometre. Objective Efficient maintenance of unpaved roads General Comments The following factors can influence the above results across municipalities: · Use of the roads by heavy equipment. · The kilometres of unpaved roads in the municipality in comparison with comparable municipalities. · Locations of the unpaved lanes. ° The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments In 2004 the City of Pickering maintained a separate account to track material costs that were directly related to unpaved roads. However, the cost for administration and other indirect costs have been allocated to the cost for unpaved roads based on management's best estimate of the propodion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control. The operating cost of maintaining the City's unpaved roads includes employee wages & benefits, granular materials, administering calcium programs, program support, rental of heavy equipment, grading, culvert and shoulder maintenance. The City maintained 236 unpaved lane kilometers in 2004 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 252 ROAD SERVICES 4.3 OPERATING COSTS FOR WINTER MAINTENANCE OF ROADS 2004 2003 $1,144.21 $1,385.46 Efficiency Measure Operating costs for winter maintenance of roadways per lane kilometre maintained in winter. Objective Efficient winter control operation General Comments The following factors can influence the above results: · The municipality's standard service levels for road conditions. · The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. · The allocation of operating costs used in the determination of the numerator when there is not a separate cost centre. Detailed Comments In 2004 the City of Pickering maintained a separate account to track material costs that were directly related to winter control. The costs for administration and other indirect costs have been allocated to the cost for winter control based on management's best estimate of the proportion of responsibility dedicated to the road functions such as maintenance of paved and unpaved roads and winter control. The operating cost of the City's winter control maintenance includes employee wages & benefits, salt, sand, program support, equipment rental, culvert thawing. The City maintained a total of 998 lane kilometers in 2004. 253 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.4 CONDITION OF PAVED ROADS 2004 2003 75.10% 75.10% Effectiveness Measure Percentage of paved lane kilometres where the condition is rated as good to very good. Objective Provide a paved lane system that has a pavement condition that meets municipal standards General Comments The following factors can influence the above results: · The municipality's standard service levels for road conditions. · The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. Detailed Comments The City's staff uses their best estimates to establish the % of roads that are rated as good. The City's road patrols, the public and employees are another source for 3roviding feedback on road conditions. As existing roads are reconstructed the rating will move up to a higher level. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT ROAD SERVICES 4.5 WINTER EVENT RESPONSE 2004 I 2003 100% 100% Effectiveness Measure Percentage of winter events where the response met or exceeded locally determined road maintenance standards. Objective Provide an appropriate response to winter events General Comments The following factors can influence the above results: The municipality's standard service levels for road conditions. The frequency and severity of the winter weather. The kilometres of paved and unpaved roads in the municipality in comparison with comparable municipalities. Detailed Comments Roads are cleaned and cleared within 24 hours of a snowfall. The City did not experience a winter event which staff was not able to meet or exceed road maintenance standards. 255 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT TRANSIT 5.1 OPERATING COSTS FOR CONVENTIONAL TRANSIT 2004 2003 $4.24 $4.08 Efficiency Measure Operating costs for conventional transit per regular service passenger trip. Objective Efficient conventional transit services General Comments The following factors can influence the above results: · The service hours of the transit operations, for example the level of weekend or holiday service provided. · The population distribution and the geography of the service area. Service levels required to accommodate passenger trips transferred from outside of the City's boundaries. · Unexpected events that may be included in operating cost that has no correlation to service levels. · The urban/rural mix of the service area. Detailed Comments The 2004 results reflect 100% of APTA's operations even though the Transit Authority is jointly owned by the City of Pickering and Town of Ajax. In 2001 Ajax and Pickering operated separate transit departments. These two departments were amalgamated for 2002 resulting in some one-time transitional costs. In 2003 under the provincial reporting program, the allocation of program support costs incurred by each municipality changed substantially. This resulted in a formula driven increase in the amount allocated to APTA, for reporting purposes, not an actual increase in operating costs. Trips deemed as transfers are excluded from the denominator of passenger trips. However, the costs would be impacted to ensure that appropriate service levels are provided to accommodate these additional passengers. For 2003, the number of passenger trips excluding transfers was 2,248,265 and in 2004 it was 2,338,680 an increase in ridership of approximately 3.8%. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT TRANSIT 5.2 REGULAR SERVICE PASSENGER TRIPS 2004 2003 13.26 13.47 Bffectiveness Measure Number of conventional transit passenger trips per person in the service area in a year. Objective Maximum utilization of municipal transit services General Comments The following factors can influence the above results: · The service hours of the transit operations, for example the level of weekend or holiday service provided. · The population distribution and geography of the service area. · The percentage of the service area to the total municipal area. Detailed Comments The 2004 measure is based on a combination of the population of the service areas in the City of Pickering and the Town of Ajax. In 2003 the population of the service area was 166,853. In 2004 the population of the service area increased by approximately 5.4% to 176,398. 257 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT STORM WATER MANAGEMENT 7.1 OPERATING COSTS FOR URBAN STORM WATER MANAGEMENT 2004 2003 $678.71 $1,196.59 Efficiency Measure Operating costs for urban storm water disposal) per kilometre of drainage system. management (collection, treatment, and Objective Efficient storm water management General Comments The following factors can influence the efficiency management: · The geography of the City · The extent and age of the drainage system · The inventory of pipes in the Municipality rate of urban storm water Detailed Comments This measure is not comparable to 2003. The significant change in this measure is mainly due to the fact that, in 2004 the methodology for the allocation of salaries and benefits was refined for roads to isolate the labour costs for Storm Water Management. The accounts were structured to more accurately identify direct costs such as contracted services and materials, storm pipe cleaning, flushing, video inspection, catch basin/manhole repairs storm pipe repairs, cleaning of specialized oil and grit separators. NOTE: As this was a new measure for the year 2003 reporting, it was management's best estimate of the kilometres of pipes in the urban areas. For 2004 we have refined the kilometres of pipes in the ground from 215 in 2003 to 400 in 2004. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 258 STORM WATER 7.2 OPERATING COSTS FOR RURAL STORM WATER MANAGEMENT 2004 2003 $1,340.06 $238.51 Efficiency Measure Operating costs for rural storm water disposal) per kilometre of drainage system. management (collection, treatment, and Objective Efficient storm water management General Comments The following factors can influence the efficiency rate of urban storm water management: The geography of the City, size and nature of the rural area. Land erosion control. The frequency and time devoted to the maintenance of the rural drainage system. Detailed Comments This measure is not comparable to 2003. The significant change in this measure, is mainly due to the fact that, in 2004 the methodology for the allocation of salaries and benefits was refined for roads to isolate the labour costs for Storm Water Management and the accounts were structured to more accurately identify direct costs such as contracted services and materials, storm canal dredging, culvert repairs and maintenance, ditching and other day to day maintenance measures. Note: As this was a new measure for the year 2003 it was management's best estimate of the cost in maintaining the City's rural drainage system. In 2004 the City has refined the method used in collecting costs for this measure and as a result the cost per kilometer in 2004 is a more accurate estimate of the cost of maintaining the rural drainage system (ditches and culverts). 259 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT PARKS AND RECREATION 10.1 OPERATING COST FOR PARKS PER PERSON 2004(NEW) $26.46 Efficiency Measure Operating costs for parks per parks person. Objective Efficient operations of Parks Detailed Comments This is a new measure for the year 2004 reporting. The City efficiently maintains the parks on a daily basis in the summer. Grass is scheduled for cutting on a 7 to 10 day cycle so as to control growth and keep the park available and safe for public use at all times during the summer months. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 26O PARKS AND RECREATION 10.2 OPERATING COSTS FOR RECREATION PROGRAM PER PERSON 2004(NEW) $34.21 Efficiency Measure Operating costs for recreation programs. Objective Efficient operation of recreation programs Detailed Comments This is a new measure for the year 2004 reporting. Included in this measure is the cost of wages, benefits and operating costs for the operating of a broad range of recreation programs and activities. 261 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT PARKS AND RECREATION 10.3 OPERATING COSTS FOR RECREATION FACILITIES PER PERSON 2004 $58.14 Efficiency Measure Operating costs for recreation facilities per person. Objective Efficient operation of the City's recreation facilities Detailed Comments This is a new measure for the year 2004 reporting. Included in this measure is the cost of wages, benefits and operating costs for community recreational facilities. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 262 PARKS AND RECREATION 10.4 OPERATING COSTS FOR PARKS, RECREATION PROGRAMS AND RECREATION FACILITIES PER PERSON 2004 $118.91 Efficiency Measure Operating costs for parks, recreation programs and recreation facilities per person. Objective Efficient operation of the City's parks, programs and recreation facilities Detailed Comments This is a new measure for the year 2004 reporting. Included in this measure is the cost of wages, benefits and operating costs for the operation of parks, recreation programs and facilities. 2. 3 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT PARKS AND RECREATION 10.5 TOTAL PARTICPANT HOURS FOR RECREATION PROGRAMS PER 1,000 PERSONS 2004(NEW) 14,026 HRS Effectiveness Measure Total participant hours for recreation programs per 1,000 persons. Objective The effectiveness of programs provided by the City Detailed Comments This is a new measure for the year 2004 reporting. Total participant hours for every 1,000 person in the City, registered, drop in and permitted recreation programs and activities was used in this calculation. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT PARKS AND RECREATION 10.6 HECTARES OF OPENS SPACE AND HECTARES OF OPEN SPACE PER 1,000 PERSONS 2004 (NEW) 7.527 HA Effectiveness Measure Hectares of open space per 1,000 person. Objective Effectiveness of open space Detailed Comments This is a new measure for the year 2004 reporting. in the City was used in this calculation. Hectares of open space per 1,000 person CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT PARKS AND RECREATION 10.7 TOTAL KILOMETRES OF TRAILS AND TOTAL KILOMETRES OF TRAILS PER 1,000 PERSON 2004 (NEW) .372 K Effectiveness Measure Kilometres of trails per 1,000 person Objective Effectiveness of trails in the City Detailed Comments This is a new measure for the year 2004 reporting. resident was used in the calculation of this measure. Total kilometres of trails per every 1,000 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 266 PARKS AND RECREATION 10.8 SQUARE METRES OF RECREATION FACILITY SPACE AND SQUARE METRES OF RECREATION FACILITY SPACE PER 1,000 PERSON 2004 (NEW) 430.786 SQ M Effectiveness Measure Square metres of recreation facility space per 1,000 person Objective Square metres of recreation space in the City Detailed Comments This is a new measure for the year 2004 reporting. Total square meters of community recreation facility space for every 1,000 person in the City was used in this calculation. 267 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT LIBRARY SERVICES 11.1 OPERATING COSTS FOR LIBRARY SERVICES PER PERSON 2004 (NEW) $46.20 Efficiency Measure Operating costs for library per person. Objective Efficient operations of Libraries in the City Detailed Comments This is a new measure for the year 2004 reporting. The City has five locations servicing its residents. The cost of all five locations is included in the calculation of this measure. It includes wages, benefits and all other operating costs. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 268 LIBRARY SERVICES 11.2 OPERATING COSTS FOR LIBRARY SERVICES PER USE 2004 (NEW) $1.67 Efficiency Measure Operating costs for Library services per use. Objective Efficient use of Library services Detailed Comments This is a new measure for the year 2004 reporting. The City has five locations servicing its residents. Total usage of the five locations was included in the calculation of this measure. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT LIBRARY SERVICES 11.3 LIBRARY USES PER PERSON 2004 (NEW) 27.712 Effectiveness Measure Library uses per person. Objective Effectiveness of Library uses Detailed Comments This is a new measure for the year 2004 reporting. Total usage of all five locations was used together with the total population of the City in calculation of this measure. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 27O LIBRARY SERVICES 11.4 ELECTRONIC LIBRARY USES AS A PERCENTAGE OF TOTAL LIBRARY USES 2004 (NEW) 25% Effectiveness Measure Electronic Library uses as a percentage of total library uses. Objective Effectiveness of total library uses Detailed Comments This is a new measure for the represents the five locations. year 2004 reporting. The percentage of electronic use 271 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT LIBRARY SERVICES 11.5 NON ELECTRONIC LIBRARY USES AS A PERCENTAGE OF TOTAL LIBRARY USES 2004 (NEW) 75% Effectiveness Measure Non-electronic Library uses as a percentage of total library uses. Objective Effective percentage of non-electronic Library uses Detailed Comments This is a new measure for the year 2004 reporting. represents the five locations The percentage of non-electronic use CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 272 LAND PLANNING USE 12.1 PERCENTAGE OF NEW DEVELOPMENT 2004 2003 100% 100% Effectiveness Measure Percentage of new lots, blocks and/or units with final approval which are located within the settlement areas. Objective New lot creation is occurring in the settlement area Detailed Comments The City of Pickering is responsible for approving all plans. located within the settlement areas. All approved new lots were 273 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT LAND PLANNING USE 12.2 PRESERVATION OF ARGICULTURAL LANDS 2004 2003 100% 100% Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses during 2004. Objective Preservation of agricultural lands Detailed Comments The City of Pickering did not re-designate any agricultural lands in the reporting year 2004. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 274 LAND PLANNING USE 12.3 PRESERVATION OF AGRICULTURAL LAND RELATIVE TO 2000 2004 2003 99.80% 99.83% Effectiveness Measure Percentage of land designated for agricultural purposes which was not re-designated for other uses relative to the base year of 2000. Objective Preserve agricultural land Detailed Comments This represents land that was re-designated during the year 2000. 275 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT LAND PLANNING USE 10.4 HECTARES AGRICULTURAL LAND (DURING REPORTING YEAR) 2004 2003 0 0 Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re- designated for other uses during 2004. Objective Preserve agricultural land Detailed Comments No agricultural lands were re-designated in the reporting year. CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT 276 LAND PLANNING USE 10.5 CHANGE IN AGRICULTURAL LAND (SINCE 2000) 2OO4 2003 15 15 Effectiveness Measure Number of hectares of land originally designated for agricultural purposes which was re- designated for other uses since January 1,2000. Objective Preserve agricultural land Detailed Comments These lands were redesignated during 2000. 2?7 Comparability Table - Reporting Year 2004 Operating costs for governance and corporate management as a percentage of total municipal costs Comparable to 2003 General Government categories developed by OMBI in use since 2002. tOperating cost for fire services per 1,000 of assessment Comparable to 2003 The required data collection I for this measure did not in 2004. Operating costs for paved (hard top) roads per lane kilometre Operating costs for unpaved (loose top) roads per lane kilometre Operating costs for winter maintenance of roadways per lane kilometre maintained in winter Not Comparable to 2003 Not Comparable to 2003 Not Comparable to 2003 Refinement of the data and the kilometres of roads was changed in 2004 for this measure. Refinement of the data collected for this measurement was undertaken in the year 2004. Refinement of the data collected for this measurement was undertaken in the year 2004. The percentage of paved lanes was consistently rated Refinement of the data plus the inventory of pipes in the ground was done in 2004 Refinement of the data plus the inventory of pipes in the lund was done in 2004 Not Comparable to 2003 New measure Cost of operating parks per person Cost of recreation programs per person Not Comparable to 2003 New measure Cost of operating recreation facilities per person Not Comparable to 2003 New measure Not Comparable to 2003 New measure Not Comparable to 2003 Total cost per person of operating parks, recreation programs and recreation facilities per person Total participant hours for recreation programs New measure Hectares of open space in the City Not Comparable to 2003 New measure Kilometres of trails in the Municipality Not Comparable to 2003 New measure Square metres of space available for recreation Not Comparable to 2003 New measure 278 Comparability Table - Reporting Year 2004 Cost of library services per person Not Comparable to 2003 New measure Cost per use of library service Not Comparable to 2003 New measure Percentage of electronic use Not Comparable to 2003 New measure Percentage of non-electronic uses Not Comparable to 2003 New measure Operating cost for Conventional Transit Comparable to 2003 The 2004 results represent the operating costs and service area for the amalgamation of both Pickering and Ajax transit divisions. Number of conventional transit passenger trips per Comparable to 2003 The 2004 results represent person in the service are in a year the operating costs and service area for the amalgamation of both Pickering and Ajax transit divisions. Percentage of new lots, blocks and/or units with final Comparable to 2003 100% of new lots, blocks approval which are located within the settlement and/or units with final areas approval by the City were located within the settlement are&s. Percentage of land designated for agricultural Comparable to 2003 No agricultural lands were purposes which was not re-designated for other uses re-designated during 2004 during 2004 Percentage of land designated for agricultural Comparable to 2003 purposes, which was not re-designated for other uses relative to the base year of 2000. Number of hectares of land originally designated for Comparable to 2003 No agricultural lands were agricultural purposes which was re-designated for re-designated during 2004 other uses during the repoding year 2004 Number of hectares land originally designated for Comparable to 2003 agricultural purposes which was re-designated for other uses since JanuaW 1,2000 2?9 ATTACHMENT # , , TO REPORT General Government - Efficiency Operating costs for governance and corporate management as % of total municipal operating costs Protection Services - Fire Services Efficiency Operating cost for fire services per $1,000 of assessment 7.40% 5.80% $ 1.18 $ 1.24 Transportation Services - Roadways Efficiency Operating cost for paved roads per lane kilometer Operating cost for unpaved roads per lane kilometer Operating cost for winter control maintenance per lane kilometer Transportation Services - Roadways Effectiveness Percentage of paved lane kilometer rated good to very good Percentage of winter event response that met or exceeded municipal road maintenance standards Transit Services - Transit Efficiency Operating costs for conventional transit per regular service passenger trip Transit Services - Transit Effectiveness Number of conventional transit passenger trips per person in the service area in a year Environmental Services - Sewer System Efficiency Operating costs for urban storm water management (collection, treatment and disposal) per kilometer of drainage system (URBAN) Operating costs for rural storm water management (collection, treatment and disposal) per kilometer of drainage system (RURAL) Environmental Services - Solid Waste Management Efficiency Operating costs for solid waste collection per tonne Environmental Services - Solid Waste Management Effectiveness Number of complaints in a year concerning garbage collection per tonne collected Number of complaints in year concerning garbage collection and recycled material per 1,000 household Environmental Services- Recycling Efficiency Operating costs for solid waste diversion per tonne Environmental Services- Recycling Effectiveness Percentage of residential solid waste diverted Planning and Development - Land Use Planning - Effectiveness Percentage of new lots approved which are located in settlement areas Percentage of lands designated for agricultural purposes which was not re-designated for other uses during the reporting year Percentage of land designated for agricultural purposes which was not re-designated for other uses relative to the base year of 2000. Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses during the reporting year Number of hectares of land originally designated for agricultural purposes which was re-designated for other uses since January 1, 2000. $ 787.39 $ 663.82 $ 3,580.81 $ 6,456.69 $ 1,144.21 $ 1,385.46 75.10% 75.10% 100% 100% $ 4.24 $ 4.08 13.26 13.47 $ 678.71 $ 1,196.59 $ 1,340.06 $ 238.51 * Wa $ 59.60 * n/a n/a * n/a 31 * n/a $ 179.06 * n/a 11% 100% 100% 100% 100% 99.80% 99.83% 0 0 15 15 Parks & Recreation - Efficient Operation of Parks Operating cost for parks per person Recreation Programs - Efficient Operation of Recreation Programs Operating cost for recreation programs per person Recreation Facilities - Efficient Operation of Recreation Facilities Operating cost for recreation facility per person Parks, Recreation Programs & Recreation Facilities - Efficient Operations of Parks, Recreation Programs and Recreation Facilities Operating cost for parks, recreation programs and recreation facilities per person Parks & Recreation - Open Space is adequate for population Hectares of Open Space per 1,000 person Trails - To provide recreational opportunities Total kilometers of trails per 1,000 person Participant Hours for Recreation Programs - How Effective the City is in servicing the needs of residents for Recreation Programs Total hours for registered programs Recreation Facility Space - Recreation facility space is adequate for population Square metres of recreation facility space per 1,000 person Library - Efficient Library Services Operating cost for library service per person Library Services - Efficient Library Services Operating cost for library service per use Library Services - Efficient Library Services Library uses per person Percentage of Electronic Library uses Percentage of Non - Electronic Library uses * n/a - Responsibility of the Region of Durham in 2004 NEW NEW NEW NEW NEW NEW NEW NEW NEW NEW NEW NEW NEW 26.46 34.21 58.14 118.91 7.527 ha 0.372 k 14,026 hrs 430.786 sq m. 46.20 1.67 27.712 25% 75% 281 CITY OF PICKERING YEAR 2004 PERFORMANCE MEASUREMENT REPORT The Performance Measures required to be reported publicly under the Provincially mandated Performance Measurement Program will be available on the City of Pickering's website cityofpickerin,q.com as of September 30, 2005 or available at the Corporate Services DePartment, ~,ne Floor, Pickering Civic Complex. 282 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY 1. That Report CS 57-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and 2. That the draft by-law to appoint persons to enforce the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road, be forwarded to Council for approval; and 3. 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 57-05 Date: August 2, 2005 From: Debi Bentley City Clerk Subject: Appointment to enforce the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road. Recommendation: 1. That Report CS 57-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property be received; and 2. That the draft by-law to appoint persons to enforce the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road, be forwarded to Council for approval; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Not Applicable Financial Implications: None Background: Correspondence has been received from Nemesis Security Services Inc., requesting the appointment of persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road. Attachments: 1. Correspondence from Nemesis Security Services Inc. 2. Draft By-law Report CS 57-05 Date: Subject: Appointment to enforce the Parking By-law at 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road. August 2, 2005 Page 2 Prepared By: Approved By: Debbie Watrous Committee Coordinator DB:dw Attachments Debi Bentley, City Clerk Approved/Endorsed By: Gl hs aterson, Director, Corporate Services & Treasurer Recommended for the consideration of Picketing City, ? .... // \ Th~rr~/s ,J. Quir~, ChJef_A/dminist~_ FROM : NEMESIS SECURITY SERVICES INC FAX NO. : 416 285 0204 Jul. 28 2005 02:43PM P2 Thursday, July 28, 2005 NEMESIS SECURITY SERVICES INC. 285 To ,,. .36 Croc~ord Boulevaxxt 'l'omnto C~tario M1R-3C2 · Phone (416)285-5233 ' Fax (416) 285-0204' Toll free 1-888-604-2421 ' mG(t3),nemes~,sccttricy.com ATTACHMENT# t City of Bickering By-Law office Bickering Civic Complex One The Esplanade Picketing, Ontario L 1V-6K7 VIA..F .~: 90~-420,9685 Attention: Debble Ke~rns, Ad,min[sWnfion ])eDt. Offi.qcr~ list u~>date/ add Richard Crwigd Hello Debbie, Here is an update on entreat officers listed to issue parking tickets with the City of Picketing; Peter Aires # 70246 Diane Di~ # 75317 Darren Little # 75328 Kenneth Lcversuch # 70552 Current sites: 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road I am kindly requesting that the following seettrity guard be added on our list of authorized officers. I have attached a copy of his .security guard l icence. Richard Gwizd D.O.B: January 14, 1970 (# 78236) Thanks very much for assistance. Peter Alves President TO REPORT IrE. ,4 R£PUT.4TIOJV 1'0 I)ROTECT THE CORPORATION OF THE CITY OF PICKERING 9¥-LAw.o. 286 Being a by-law to appoint By-law Enforcement Officers for certain Purposes (Parking Regulation - 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road.) WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That Richard Gwizd be hereby appointed as municipal law enforcement officer in and for the City of Pickering in order to ascertain whether the provisions of By- law 2359/87 are obeyed and to enforce or carry into effect the said By-law an~ are hereby authorized to enter at all reasonable times upon lands municipally known as 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road and 1792 Liverpool Road. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set ou? in · section 1. This appointment shall expire upon the person listed in section 1 ceasing to be an employee of Nemesis Security Services Inc. or upon Nemesis Secudty Services Inc. ceasing to be agents for 1330 Altona Road, 575 Steeple Hill, 400 Kingston Road or 1792 Liverpool Road, or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 19th day of September, 2005. David Ryan, Mayor Debi Bentley, City Clerk 287 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Big Brothers and Big Sisters Month"- September, 2005 "Ajax-Pickering Board of Trade Month"-October, 2005 "International Walk to School Day"- October 5, 2005 "International Walk to School Week" - October 3-7, 2005 "Fire Prevention Week"- October 9-15, 2005 "Canada's Citizenship Week"- October 17-23, 2005 "Child Care Worker & Early Childhood Educator Appreciation Day"- October 26, 2005 Big Brothers and Sisters of Ajax-Pickering 288 July 29, 2005 Mayor David Ryan, City of Pickering, One the Esplanade, Pickering, ON L1V 6K7 ' ':.% i 1735 Bayly Street, Unit 7C Pickering, ON LIW 3G7 T: 905-831-3777 F: 905-831-8364 info@bbandsofap.com i§brothersa ndsistersofajaxpickerin§.com Dear Mayor Ryan: It is nearing that time again when Big Brothers and Sisters of Ajax-Pickering is preparing fbr our annual September volunteer recruitment drive. The goal of the drive is to recruit Big Brothers and Big Sisters as adult mentors to more children and youth in the City of Pickering. We have appreciated your support and the support of the Mayor's office over the years. Once again, we ask for your support in declaring September 2005 as Big Brothers and Big Sisters Month in the City of Pickering. I have enclosed a Proclamation that I hope you can present during your September Council meeting. Your support will raise attention to our need of volunteers and help highlight our Agency's long history of service to the community. Your assistance with our request is greatly appreciated and helps us work together in serving the community. Thank you for your consideration and continued support. I look forward to hearing from your office in the near future. Sincerely, · ,~ ( Sharlene Melnike Executive Director RECEIVED CITY OF PiCKERING AUG - 4 '2_005 CLERK'S DIVISION 289 PROCLAMATION BIG BROTHERS BIG SISTERS MONTH September 2005 WHEREAS, Big Brothers and Sisters of Ajax-Pickering is a wonderful service organization committed to matching children and youth with caring, volunteer mentors; AND WHEREAS, evidence-based research has shown that the Big Brothers Big Sisters mentoring model contributes directly to increased academic achievement, better family and peer relationships, a substantially lower reliance on social assistance, reduced criminal behaviour, and a more successful transition from school to work; AND WHEREAS, the future of our Big Brothers Big Sisters agency depends not only on its past impact, but also on the future impact of its Little Brothers and Little Sisters and the continued commitment to its Big Brothers and Big Sisters; AND WHEREAS, Big Brothers and Sisters of Ajax-Pickering relies heavily on the strength and dedication of its volunteers who, through their commitment and support, make a profound difference in the lives of children and youth in our community; AND WHEREAS, the agency's goal is to expand its recruitment drive in order to serve more children and youth in our community; NOW THEREFORE, I, David Ryan, Mayor of Pickering, DO HEREBY PROCLAIM September, 2005 as Big Brothers Big Sisters Month. I encourage everyone to "Share a Little Magic" by logging onto www.sharealittlemagic.ca on September 23rd to learn more about the volunteer programs offered by Big Brothers and Sisters of Ajax-Pickering. CITY OF Burlington July 12, 2005 Mayor David Ryan City of Pickering One The Esplanade '" Pickering, ON L1V 6K7 .......... ~y H._~ I, 426 Brant Street, P.O. Box 5013 Buffing on, Ontario L7R 3Z6 * ' 5] 335,7708 qayor~bqrlington.ca Ma,,or_/~ Dear . ~yan: Big Brothers Big Sisters of Canada is the leading child and youth mentoring organization in Canada. It has been providing mentoring services since 1913, and today has over 20,000 youth matched with screened, trained and appropriate role models in a variety of mentoring programs. Unfortunately, over 10,000 children still remain on the waiting list. The single biggest recruitment drive for volunteers takes place in the month of September. In fact, September is Big Brothers Big Sisters Month in Canada. The National Office of Big Brothers Big Sisters of Canada is located in Burlington and I am proud to assist this exceptional community organization in reaching its volunteer recruitrnentt,=,~=~ by '~'~= .'- ...... pru,..,~,m,, ,g "" ..... o=~,,=.,,,~er Big Brothers Big ~:~'~-~ ..- .~. We .':" q..t I 0 L(;~ I ,,,,.~ iVIUi"i k~ i, "" '" proudly fly the Big Brothers Big Sisters flag at City Hall and encourage the citizens in our community to "Share a Little Magic" by logging onto .www.sharealittlema.qic ca on September 23~d to learn more about the volunteer programs offered by Big Brothers Big Sisters. I am writing today to encourage you to do the same in your community. The Big Brothers Big Sisters movement includes 161 local agencies in more than 300 communities across the country. The children in our communities deserve our support, and we can serve them by helping Big Brothers Big Sisters achieve its vision that Every child in Canada who needs a mentor has a mentor. Thanks for your support of this important community initiative. Yours truly, Robert S. Maclsaac Mayor 291 AJAX-PICKERING Board: a 700 Finley Avenue, Unit #4 Ajax, Ontario LIS 3Z2 P: 905-686-0883 F: 905-686-I057 Thank you to our 2005 Annual Title Sponsors News Advertiser March 22, 2005 Mr. Bruce Taylor, City Clerk City of Picketing One The Esplanade Picketing, ON L 1S 2H9 Re: 50th Anniversary of Ajax-Pickering Board of Trade Dear Mr. Taylor: On October 25th of this year the Ajax-Pickering Board of Trade will celebrate 50 years of serving the businesses of Ajax and Pickering. Formerly the Ajax Chamber of Commerce, a 1978 merge with the Town of Picketing resulted in the birth of the Ajax-Pickering Board of Trade that continues to be the voice of business in these two municipalities. As our volunteer archivists pore through 50 years of history, we are reminded time and again of the tremendous support the Board has received from the City of Picketing. From joint ventures to encourage new business that in turn provide additional employment, to ongoing sponsorship of our annual events, the City has always been an avid supporter and has contributed significantly to our success. On behalf of the Board of Directors of the Ajax-Pickering Board of Trade, I respectfully ask that Mayor Ryan and Councillors of the City of Pickering declare the month of October 2005 Ajax-Pickering Board of Trade month, in honor of this 50th Anniversary. Your consideration of this request would be most appreciated and we look forward to being a delegation at Council on Monday, September 19th at 7:30 p.m. Yours truly, Kathy McKay Executive Director 292 The Regional Municipality of Durham Health Department HEAD OFFICE 605 Rossland Rd P.O. Box 730 LIN 0B2 CANADA 905-668-7711 Fax:905-666-6214 www.region.durham.on.ca An Accredited Public Health Agency August 12, 2005 City of Pickering Municipal Offices 1 The Esplanade Picketing, Ontario L1V 6K7 Attention: Ms. Debi Bentley, Clerk RECEIVED CITy OF PICKERING AU6 Z6 2005 CLERK's DIVISION Dear Ms. Taylor, October 3-7, 2005 is International Walk to School Week and October 5th is International Walk to School Da3'. On behalf of the Durham Region Health Department, I am requesting that the City of Pickering proclaim October 5th, 2005 International Walk to School Day (IWALK), thereby endorsing this special day and contributing to its local success. Last year 1,023 Ontario schools registered for the IWALK event- a Canadian record! In Durham region, a total of 35 schools participated. Through your support, we can make International Walk to School Day a success once again this year. International Walk to School Day, endorsed by the Canadian Federation of Municipalities, was established to encourage children and parents to become more physically active, increase safe walking routes to schools, and promote cleaner air in our communities. Please demonstrate your support by helping to celebrate IWALK in Durham Region. Yours truly, Kelly White RN, MA Health Ed. Public Health Nurse Durham Region Health Department cc: Dr. Kyle CLERK'S DIVISION COLtN--~: ~% ........ I I LEGAL ';'CE P~OJ &POi. 293 OPERATIONS & EMERGENCY SERVICES DEPARTMENT FIRE SERVICES DIVISION MEMORANDUM September 6, 2005 To: Debbie Watrous Committee Coordinator From: Stephen Fowlds Fire Inspector Subject: Declaration of Fire Prevention Week October 9-15, 2005 It would be appreciated if you would arrange for Mayor Ryan to declare October 9-15, 2005 Fire Prevention Week. Fire Prevention Week was established to commemorate the Great Chicago Fire, the tragic 1871 conflagration that killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures and burned more than 2,000 acres. The fire began on October 8, but continued into and did most of its damage on October 9, 1871. Although candles are no longer used as a main source of light, they still remain as popular today as they did in the past, albeit for different reasons. Candles, synonymous with celebration, provide ambience in small and large family gatherings and are often used in religious ceremonies. They are produced in all shapes, sizes and colours and can be found in practically all households. Candles can also be a fire hazard if not used properly. The number of candle fires has increased at an alarming rate in recent years. This year's Fire Prevention Week campaign aims to raise the public's awareness of candle fire safety. The campaign's theme succinctly conveys the message: "It's Fire Prevention Week - Use Candles With Care". Subject 2 9 ~, Date Page 2 In addition of the declaration of Fire Prevention Week, Pickering Fire Services would like the Fire Safety Flag to fly in front of city hall during fire prevention week. Please contact me at 905-420-4660 x 2073, or, email sfowlds~city.pickerin,q.on.ca if you have any questions regarding this subject. Stephen Fowlds, GIFireE,CFEI Fire Inspector Copy: William T. Douglas, Fire Chief Rex Heath, Fire Prevention Officer 295 Dear Sir or Madam: Minister of Citizenship and Immigration This year, Canada's Citizenship Week will be held October 17-23. Citizenship Week is a time'to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country in which to live. c~'~m~ OF 'THE MAYCi' de la Citoye~:%-.----t- et de I'lmmi~:~¢. ~[ } FWD - COPY - CtRCULAT~ C TY OF CLERK'S DIVISION I hope that your municipality will join the celebration by recognizing this important week. We are encouraging municipalities to become involved by passing a resolution proclaiming Canada's Citizenship Week. A sample resolution is enclosed for your reference. You may also want to lead your council in a reaffirmation of Canadian citizenship by reciting the oath of citizenship. A copy of the oath is enclosed, along with a copy of the Citizenship Week poster and an order form for material to support your community's participation in the Week. To ensure priority service, please fax your order to (613) 954-7619. As a municipal official, I am sure you will agree that all citizens should be encouraged to take part in community activities. It is particularly important for young people to become actively engaged in citizenship activities. Many of the products we have developed aim to empower young people with the concepts, understanding and skills they need to be responsible, caring and active citizens. If you have any questions about Canada's Citizenship Week or citizenship in general, please e-mail us at welcomehome~cic.gc.ca. You can also obtain more information by visiting the Citizenship and Immigration Canada Web site at www.cic.gc.ca. Enclosures: 4 Sincerely, Joe Volpe, P.C., M.P. Canad 296 Proclamation Canada's Citizenship Week October 17-23, 2005 WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: AND WHEREAS: THEREFORE: Canada's Citizenship Week will be held from October 17 to 23, 2005; Canada's Citizenship Week provides an opportunity to reflect on the value of citizenship and immigration and to focus on the privileges, rights, responsibilities and obligations of citizenship; New Canadians bring a strong sense of commitment to their new home, make many valuable contributions to Canada and play an important role in our economic strength and cultural diversity; The themes and values of Canadian citizenship reinforce an important message for all Canadians that newcomers are welcome in Canada and that we all belong; All Canadians, old and new, can join together in reaffirming their commitment to Canada; I (Mayor) do hereby proclaim the week of October 17-23, 2005, as "Canada's Citizenship Week" in the (City/Town) of Please fax a copy to (613) 954-9144 297 July 20, 2005 ~~/' /~~ :~"?~:' .... Ry. I EMERG. J Greetings Mayor Ryan, ~ ~?.}~?:?,~g~ We are writing to ask that you and your Council, nce again end~ a dayo~ ~C~I~:{;~ THE MAYOR 305 Milne~~.~_~j_~l' 2 2 200~t ~ ScarboroL Phone: 41 $;g~)f~)~391 · Fax: 416-299-3480 Web: cup~; '~,~ il' cupeont~web . net ~ ~.q' , FW9 - COPY- CIRCU~TE TO: ,, COUNCIL CLERK ~UMAN RES, LEGAL CORR PROJ.&POL ~MER. RES. CO. ~P~ ...... the many people who work providing care to children in your communitY: Las~"~¢Wg~.~r~ OhO of ovor OhO hundmO municipalitios that proclaimod this day of approciation makin~ it such a succoss. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing Child Care workers across Ontario are asking that this year Wednesday October 26th 2005 be proclaimed as Child Care Worker & Early Childhood Educator Appreciation Day in accordance with the attached resolution. Many groups are recognized by way of Municipal Resolution. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of Child Care workers. Child Care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible, high quality Child Care. This benefit comes from the number of people employed in the Child Care industry and because the availability of Child Care allows parents to work and to contribute to the economic life of society. To help us to promote this day we would also like to ask your Council to provide financial support for public announcements, for example, advertising the day on the side of city buses or other means your Council uses to reach out to the public and we are happy to provide artwork to facilitate this process. We hope that with your active support your proclamation of this day of recognition will encourage and support a day of community recognition for Child Care workers. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating Child Care workers across Ontario on October 26th, 2005. Thank you for your consideration. Yours sincerely, Sid Ryan President Shellie Bird. President, OCBCC COPE 491:mp Patrick (Sid) Ryan President ONE STRONG VOICE Brian O'Keefe Secretary-Treasurer