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Home My WebLink AboutSeptember 15, 2014 Council Meeting Agenda Monday, September 15, 2014 Council Chambers 7:00 pm Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. Council Meeting Agenda Monday, September 15, 2014 Council Chambers 7:00pm I) Invocation· Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest Ill) IV) V) VI) VII) VIII) Adoption of Minutes In Camera Council Minutes, July 14, 2014 Council Meeting Minutes, July 14, 2014 Planning & Development Committee Minutes, September 2 & 8, 2014 Executive Committee Minutes, September 8, 2014 Presentations Delegations Correspondence Committee Reports Report 2014-08 of the Planning & Development Committee Report 2014-08 of the Executive Committee Reports -New and Unfinished Business Report CR 12-14 Report CR 18-14 Report CR 19-14 Report LEG 08-14 Under Separate Cover 1-17 18-34 35-39 40 41 42-48 49-70 Accessible •-- PICKE~G For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TIY: 905.420.1739 Emait: lroberts@oickerina.ca IX) Motions and Notice of Motions X) By-laws 71-98 XI) Confidential Council-Public Report XII) Other Business XIII) Confirmation By-law XIV) Adjournment For Information Only • Minutes of the Sustainable Pickering Advisory Committee, July 9, 2014 • Minutes of the Committee of Adjustment, July 2, July 23, & August 13, 2014 Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. Mclean J. O'Connell D. Pickles P. Rodrigues Also Present: -Chief Administrative Officer Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers T. Prevedel P. Bigioni J. · Hagg -Director, Corporate Services & City Solicitor R. Holborn T. Melymuk S. Karwowski D. Shields C. Rose J. Brooks D. Bhatt L. Harker (I) Invocation -Fire Chief -Director, Engineering & Public Works -Director, City Development -Division Head, Finance & Treasurer -City Clerk -Chief Planner -Manager, Policy & Geomatics -Planner II -(Acting) Supervisor, Legislative Services Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest No disclosures of interest were noted. (Ill) Adoption of Minutes Resolution #257 /14 Moved by Councillor Dickerson Seconded by Councillor Pickles In Camera Council Minutes, June 16, 2014 1 1 2 Council Meeting Minutes, June 16, 2014 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers Joint Planning & Development and Executive Committee Minutes, July 7, 2014 Carried (IV) Delegations 1. Mark Mulder, TransCanada Pipelines Ltd. Mark Mulder, Manager of Pipelines Project, appeared before Council to provide a PowerPoint presentation outlining the Eastern Mainline Project. Mr. Mulder provided a project overview, including a description of natural gas and an overview of landowner and stakeholder engagement. He advised Council that route deviations may be required due to environmental features, adjacent land uses, construction constraints and stakeholder feedback. A question and answer period ensued and Council requested that one of the public meetings be held in Claremont. (V) Correspondence 1 . Co rr. 1 8-14 Beatrice Olivastri Friends of the Earth 200-251 Bank Street Ottawa, ON K2P 1X3 Resolution #258/14 Moved by Councillor O'Connell Seconded by Councillor Mclean That Corr. 18-14 received from Beatrice Olivastri, Chief Executive Officer, Friends of the Earth, seeking Council support to consider sending a letter to the Province requesting they take practical steps to protect bees and other pollinators by requiring service providers and contractors to cease all use of neonicotinoid products, be endorsed. · 2. Corr. 19-14 Joan Wideman Board Chair Rouge Valley Health System 2 Carried 2867 Ellesmere Road Toronto, ON M 1 E 489 Council Meeting Minutes. Monday, July 14, 2014 7:00 PM -Council Chambers Resolution #259/14 Moved by Councillor Pickles Seconded by Councillor Mclean That Corr. 19-14 received from Joan Wideman, Board Chair, RVHS, with respect to deferring the 407 east extension exchanges at Westney and Salem, requesting that the provincial government add these exchanges to the first phase of the 407 east extension in order to alleviate concerns in providing efficient access to emergency services, be received for information. (VI) Committee Reports a) Report PO 2014-07 of the Joint Planning & Development and Executive Committee 1. Director, City Development, Report, PLN 13-14 Proposed Telecommunication Tower SBA Canada 886 Finch Avenue (Erskine Cemetery) Installation #59 Recommendation That SBA Canada be advised that City Council does not object to the proposed 30.0 metre high telecommunication tower installation located at 886 Finch Avenue, based on the design and other details submitted with this application. 2. Director, City Development, Report PLN 14-14 Official Plan Amendment Application OPA 14-001/P Amendment 26 to the Pickering Official Plan Informational Revision 21 to the Pickering Official Plan City-Initiated Official Plan Review: City Centre Intensification and Redevelopment Recommendation 1. That Official Plan Amendment Application OPA 14-001 /P, initiated by the City of Pickering, to implement the vision for the City Centre, be approved; 2. a) That Amendment 26 to the Pickering Official Plan, initiated by the City of Pickering, to change existing policies and add new policies to create a planning framework for the redevelopment and intensification of the 3 3 4 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers City Centre, and to identify required infrastructure improvements and transportation connections within, from and to the City Centre in support of anticipated population and employment growth to 2031 and beyond, as set out in Exhibit "A" to Appendix I to Report PLN 14-14, be adopted; and b) That the Draft By-law to adopt Amendment 26 to the Pickering Official Plan, as set out in Appendix I to Report PLN 14-14, be forwarded to Council for enactment; 3. That Council adopt Informational Revision 21 to the Pickering Official Plan as set out in Appendix II to Report PLN 14-14; 4. That staff finalize the City Centre Urban Design Guidelines and bring them back to Council for endorsement; and 5. Further, that the City Clerk forward a copy of Report PLN 14-14 and Council's resolution on the matter to the Region of Durham. Executive Reports 4. Director, Culture & Recreation, Report CR 16-14 Community Engagement Strategy Report Annual Status Update & Priorities for 2014-2015 Recommendation 1. That Council receive Report CR 16-14 regarding the City of Pickering Community Engagement Strategy; 2. That Council approve the following five key community engagement priorities for 2014 and 2015 subject to any required budget approval within the 2015 budget cycle process: a) Create a new learning and engagement unit to advise Council & Departments. b) Propose a motion for Council consideration concerning the city's commitment to engagement and adopt a strategy on public engagement and learning. c) Involve engagement specialists in the design of public consultation to support major city planning exercises. 4 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers d) Work with residents to periodically review and redesign city services and programs. e) Develop a long-term strategy for providing information to residents, compensating for diminished local media. 3. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 5. Director, Culture & Recreation, Report CR 17-14 Gingerbread Co-operative Nursery School (Pickering) Inc. -Licence Agreement Recommendation 1. That Report CR 17-14 of the Director, Culture & Recreation be received; and 2. That the Mayor and City Clerk be authorized to execute a License Agreement to which the Gingerbread Co-operative Nursery (Pickering) Inc. will be permitted to continue to operate a cooperative nursery program at Westshore Community Centre from September 1, 2014 to June 30, 2019, in the form included as Attachment 1, subject to such revisions as are acceptable to the Director, Culture & Recreation and the Director, Corporate Services & City Solicitor. 6. Director, Engineering & Public Works, Report ENG 13-14 · Additional Costs for Tender No. T-1-2013 Asphalt Resurfacing on Various City Streets Recommendation 1. That Report ENG 13-14 of the Director of Engineering & Public Works regarding additional costs for Tender No. T-1-2013 for Asphalt Resurfacing on Various City Streets be received; 2. That the additional costs in the approximate amount of $248,416.51 (net of HST rebate) over the original tender amount for Tender No. T -1-2013 Asphalt Resurfacing on Various City Streets resulting in a revised tender amount of $1,355,628.40 (net of HST rebate) be approved; 3. That the revised total net project cost for Asphalt Resurfacing on Various City Streets be increased by $119,877.00 from $1,244,925.00 to $1 ,364,802.00; 5 5 6 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers 4. That Council authorize the Division Head, Finance and Treasurer to fund the sum of $119,877.00 from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 7. Director, Engineering & Public Works, Report ENG 14-14 Municipal Street Light Design Standards -Use of LED Lighting for future street lighting initiatives Recommendation 1. That Report ENG 14-14 of the Director, Engineering & Public Works regarding the use of LED roadway lighting for future street lighting initiatives be accepted; 2. That Council endorse the use of Light Emitting Diode (LED) technology as the City standard for street lighting in the Seaton Community; 3. That Council endorse the use of LED technology in future street lighting capital projects, maintenance programs and other new development projects where appropriate; and 4. That the appropriate City staff be authorized to take the necessary action to give effect to these recommendations. 8. Director, Engineering & Public Works, Report ENG 15-14 Tender for Asphalt and Concrete Repairs -Tender No. T-14-2014 Recommendation 1. That Report ENG15-14 of the Director, Engineering & Public Works regarding Tender No. T-14-2014 for Asphalt and Concrete Repairs be received; 2. That Tender No. T-14-2014 as submitted by GMP Contracting for Asphalt and Concrete Repairs in the total tender amount of $347,374.43 (HST included) be accepted; 3. That the total gross project cost of $392,847.00 (HST included), including the tender amount and other associated costs and the total net project cost of $353,772.00 (net of HST rebate) be approved; 6 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as follows: a) That the sum of $49,722.00, as provided for in the 2014 approved Current budget for Asphalt and Concrete Repairs, be funded from property taxes; b) That the sum of $121,172.00, as provided for in the 2014 approved Current Budget for Sidewalks-Sidewalk Rehabilitation Program, be funded from Federal Gas Tax Reserve Fund; c) That the sum of $32,483.00 as provided for in the 2013 approved Parks Capital Budget for the Kinsman Park Football Pathway be funded from property taxes; d) That the sum of $11,994.00 as provided for in the 2014 approved Parks Capital Budget for the Kinsman Park Soccer Pathway be funded from the Provincial Grant-Investing in Ontario; e) That the sum of $54,503.00 for the unbudgeted sidewalk projects- Sandstone Manor and Altona to Fawndale to be funded from Federal Gas Tax Reserve Fund; f) That the sum of $16,451.00, as provided for in the Current Budget for Development Control -Road Maintenance Asphalt & concrete Works, be funded from other revenues collected from fees and charges required and related to building permits and cash-in-lieu; g) That the sum of $67,447.00 for the Transit Bus Pads be funded by a recovery from Durham Region Transit; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. 9. Director, Engineering & Public Works, Report ENG 16-14 Municipal Bridge Maximum Gross Vehicle Weight Restrictions -By-law to establish a load limit for certain bridges under the jurisdiction Of the City of Pickering Recommendation 1. That Report ENG 16-14 of the Director, Engineering & Public Works regarding the establishment of safe load limits on municipal bridges be received; and 7 7 8 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers 2. That the attached Draft By-law limiting the gross vehicle weight of any vehicle or any class thereof, passing over certain bridges, under the jurisdiction of the Corporation of the City of Pickering be enacted. 10. Director, Engineering & Public Works, Report PW 01-14 Replacement of Playground Safety Resurfacing -Various Parks -Tender No. T-1 0-2014 Recommendation 1. That Report PW 01-14 of the Director, Engineering & Public Works regarding Tender No. T-10-2014 for Replacement of Playground Safety Surfacing- Various Parks be received; 2. That Tender No. T-10-2014 submitted by Lakeridge Contracting Ltd. for Replacement of Playground Safety Surfacing -Various Parks in the amount of $165,546.81 (HST included) be accepted; 3. That the total gross project cost of $189,388.00 (HST included) including the tender amount and other associated costs and the total net project cost of $170,550.00 (net of HST rebate) be approved. 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as follows: a) the sum of $48,952.00 as provided for in the 2012 Parks Capital Budget to be funded from the Rate Stabilization Reserve; b) the sum of $14,787.00 as provided for in the 2013 Parks Capital Budget to be funded from the Parkland Reserve Fund; c) the sum of $50,000.00 as provided for in the 2014 Current Budget to be funded from property taxes; d) the additional sum of $56,811.00 to be funded from property taxes by transferring funds from the 2013 Property Maintenance Capital Budget- Property Line Fencing project; and 5. That the appropriate City of Pickering officials be authorized to take necessary action in order to give effect thereto. 11. Director, Corporate Services & City Solicitor, Report FIN 15-14 2013 Municipal Performance Measurement Program-Provincially Mandated Public Reporting of Performance Measures 8 Recommendation Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers That Report FIN 15-14 from the Director, Corporate Services & City Solicitor be received for information. 12. Director, Corporate Services & City Solicitor, Report FIN 16-14 2014 Final Tax Due Dates for Commercial, Industrial and Multi-Residential Realty Taxes Recommendation 1. That Report Fl N 16'""14 of the Director, Corporate Services & City Solicitor be received; 2. That the Director, Corporate Services & City Solicitor be authorized to issue the final 2014 Tax Bills for Commercial, Industrial and Multi-residential properties with a due date of September 26, 2014; 3. That the Director, Corporate Services & City Solicitor be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 13. Director, Corporate Services & City Solicitor, Report FIN 17-14 Repositioning of Reserves and Reserve Funds Recommendation 1. That Report FIN 17-14 of the Director, Corporate Services & City Solicitor be received; 2. That Council approve the establishment of the following Reserve Funds and corresponding By-laws: a) Roads and Bridges b) Stormwater Management 9 9 1 0 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers 3. That Council approve the following transfers from the Public Works ReservE? Fund: a) the amount of $755,225.42 to the Roads and Bridges Reserve Fund b) the amount of $355,274.56 to the Stormwater Management Reserve Fund; 4. That the Public Works Reserve Fund By-law No. 494/76 be repealed; 5. That the Division Head, Finance & Treasurer be authorized to: a) Transfer the balance of $7,107.49 in the Doubles Squash Courts Reserve Fund to the Community Facilities Reserve Fund and that the Doubles Squash Courts Reserve Fund By-law No. 6190/03 be repealed; and, b) Transfer the balance of $2,723.22 in the Move Ontario Reserve to the Rate Stabilization Reserve and that the Move Ontario Reserve be closed; 6. That Council authorize a transfer of $700,000.00 from the Rate Stabilization Reserve to establish a Winter Control Reserve and that the Division Head, Finance & Treasurer be authorized to transfer funds from this reserve when: a) the actual winter control costs exceeds budgeted winter control costs; b) there are no other available surplus funds from other City operations; 7. That the draft by-laws attached hereto be enacted; and 8. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 14. Director, Corporate Services & City Solicitor, Report FIN 18-14 Section 357/358 of the Municipal Act-Adjustment to Taxes Recommendation 1. That Report Fl N 18-14 of the Director, Corporate Services & City Solicitor be received; 2. That the write-off of taxes as provided for under Section 357/358 of the Municipal Act, 2001 be approved; and, 10 Council Meeting MTnutes Monday, July 14, 2014 7:00 PM -Council Chambers 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 15. Director, Corporate Services & City Solicitor, Report FIN 19-14 2013 Building Permit Stabilization Reserve Fund Recommendation It is recommended that Report FIN 19-14 from the Director, Corporate Services & City Solicitor regarding the 2013 Building Permit Stabilization Reserve Fund be received for information. Resolution #260/14 Moved by Councillor O'Connell Seconded by Councillor Ashe That Report 2014-07 of the Joint P & D and Executive Committee meeting held on July 7, 2014, be adopted, save and except Item 3. 3. Director, City Development, Report PLN 15-14 Draft Plan of Subdivision Application SP-2013-04 Zoning By-law Amendment Application A 8/13 Averton (Brock Three) Ltd. Beaverbrook (Brock Two) Ltd. Beaverbrook (Brock) Ltd. North Part of Lot 18, Concession 3 (2695, 2705 and 2725 Brock Road) Resolution #261/14 Moved by Councillor O'Connell Seconded by Councillor Ashe Carried 1. That Draft Plan of Subdivision Application SP-2013-04, submitted by Averton (Brock Three) Ltd., Beaverbrook (Brock Two) Ltd. and Beaverbrook (Brock) Ltd., on lands being North Part of Lot 18, Concession 3, to establish four blocks for residential development, a block for a road widening and a collector road, as shown on Attachment #2 to Report PLN 15-14, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 11 11 1 2 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers 2. That Zoning By-law Amendment Application A 8/13, submitted by Averton (Brock Three) Ltd., Beaverbrook (Brock Two) Ltd. and Beaverbrook (Brock) Ltd., to implement the Draft Plan of Subdivision SP-2013-04 and to facilitate a residential condominium development, be endorsed with the provisions contained in Appendix II to Report PLN 15-14, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and 3. Further, that applications for Site Plan Approval for lands within the Draft Plan of Subdivision SP-2013-04 reflect the design and layout of the Revised Concept Plan as illustrated in Attachment #4 to Report PLN 15-14 to the satisfaction of the Director, City Development. Resolution #262/14 Moved by Councillor Pickles Seconded by Councillor Dickerson Carried as amended Later in the Meeting [Refer to Following Motion] That Appendix I to Report PLN 15-14 be amended to include the following: Collector Road and Signalization That satisfactory arrangements amongst the City, the Region and the Owner be made respecting the financing and scheduling of the construction of Street 'A' and signalization of the intersection of Brock Road and Street 'A', such that those works are part of Phase 1 of the development. That Appendix II to Report PLN 15-14 be amended to include the following: 15 b) the Owner has made provision for the construction of Street 'A' as part of Phase 1 of the development; 15 c) the Owner has made arrangements for the signalization of the intersection of Brock Road and Street 'A' as part of Phase 1 of the development. 12 The Main Motion as amended was then Carried Unanimously (VII) New and Unfinished Business 1. Fire Chief Report FIR 02-14 Council Meeting Minutes Monday, July 14, 2014 7:00PM-Council Chambers Supply and Delivery of One New 2015 Model Pumper Rescue Fire Truck Moved by Councillor O'Connell Seconded by Councillor Ashe· Resolution #263/14 1. That Report FIR 02-14 of the Fire Chief regarding the supply and delivery of one 2015 model year pumper rescue fire truck be received; 2. That proposal No. RFP-07-2014 submitted by Safetek Emergency Vehicles Ltd. for the supply and delivery of one 2015 pumper rescue fire truck in the amount of $642,066.00 (HST included) be accepted; 3. That the total gross project cost of $800,266.00 (HST included), including the proposal amount and other associated costs, and the total net project cost of $720,664.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as provided for in the 2014 Capital Budget as follows; a) the sum of $36,033.00 to be funded from property taxes; b) the sum $684,631.00 to be funded from the Development Charges Reserve Fund-Fire; and 5. Further that the appropriate City of Pickering Officials be authorized to take the necessary action to give effect hereto. Carried 2. Director, Corporate Services & City Solicitor, Report CLK 05-14 2014 Municipal Election-Compliance Audit Committee Appointments Moved by Councillor O'Connell Seconded by Councillor Ashe Resolution #264/14 1. That Council recommend the appointment of three individuals to the 2014 Municipal Election Compliance Audit Committee to review applications relating 13 13 14 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers to candidates' financial statements for the 2014 City of Pickering Municipal Election from the list of applicants included as Confidential Attachment #1 to this Report (under separate cover); and 2. That the City Clerk take the necessary action to give effect thereto. Carried 3. Director, Corporate Services & City Solicitor, Report LEG 06-14 Proposed Sale of Lands in the Duffin Heights Neighbourhood to Stonepay 7603860 Canada Incorporated Resolution #265/14 Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That the Agreement of Purchase and Sale between The Corporation of the City of Pickering as Vendor and Stonepay 7603860 Canada Incorporated as Purchaser, included as Attachment 1 hereto, be approved; 2. That the Mayor and City Clerk be authorized to execute the said Agreement of Purchase and Sale subject to minor revisions acceptable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; and 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried (VIII) By-laws 7367/14 7368/14 7369/14 Being a by-law to limit the gross vehicle weight of any vehicle or class thereof passing over a bridge under the jurisdiction of the Corporation of the City of Pickering pursuant to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. Being a by-law to establish that part of Lot 66, Plan 350, designated as Part 10, 40R-28284, as public highway. Being a by-law to exempt Block 1, Plan 40M-2500, Pickering, from the part lot control provisions of the Planning Act. 14 7370/14 7371/14 7372/14 7373/14 7374/14 7375/14 7376/14 7377/14 7378/14 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lot 26, Concession 1, City of Pickering (A 5/13) Being a by-law to exempt Blocks 2, 3 and 4, Plan 40M-2500, from the part lot control provisions of the Planning Act. Being a by-law to establish the 2014 Final Property Taxes and Due Date for the Commercial, Industrial and Multi-Residential Tax Classes. Being a by-law to provide for the establishment of a Reserve Fund to be known as the Roads and Bridges Reserve Fund. Being a by-law to provide for the establishment of a Reserve Fund to be known as the Stormwater Management Reserve Fund. Being a by-law to adopt Amendment 26 to the Official Plan for the City of Pickering (OPA 14-001/P) Being a by-law to establish those parts of Lot 6, Plan 282, designated as Parts 3 and 4, Plan 40R-2841 0 and that part of Block 44, Plan 40M- 1739, designated as Part 5, Plan 40R-2841 0, as public highways. Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lots 1, 2 and 3, Registered Plan 456, in the City of Pickering (OPA 12-001/P &A1/12) Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Lots 27 and 28, Part Lots 24, 25 and 26, Registrar's Compiled Plan 8.19, Part Lots 54 and 55, Registrar's Compiled Plan 1041, being Parts 3 and 4, 40R-28010, Parts 7 and 8, 40R-17242, Part 2, 40R-24073 and Part 2, 40R-25532, City of Pickering (A 9/13) Resolution #266/14 Moved by Councillor O'Connell Seconded by Councillor Ashe That By-law Nos. 7367/14 through 7378/14 be approved. Carried 15 15 16 (IX) Confidential Matters Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera me·eting of Council was held prior to the regularly scheduled meeting. Resolution #267/14 Moved by Councillor Dickerson Seconded by Councillor Mclean That Council move In Camera in that the matters to be discussed relate to personal matters about identifiable individuals and a proposed or pending acquisition or disposition of land by the municipality. Carried [City Clerk has custody and control of the In Camera minutes]. Resolution #268/14 Moved by Councillor Mclean Seconded by Councillor Dickerson That John Hunter, Paul Jones and Howard Smith be appointed to the City of Pickering Compliance Audit Committee for the 2014-2018 Term of Council. Carried (X) Other Business 1. Councillor Mclean advised that Hydro One has been clear cutting trees off Dixie Road and questioned whether staff has been looking into this. Although this is not City of Pickering property, Councillor Mclean requested that there be mature cedar trees planted as a buffer to hide the area. (XI) Confirmation By-law By-law Number #7379/14 Councillor Mclean seconded by Councillor O'Connell moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of July 14, 2014. 16 Carried on a Recorded Vote As Follows Yes Councillor Dickerson Councillor O'Connell Councillor Pickles Councillor Ashe Mayor Ryan (XII) Adjournment Moved by Councillor O'Connell Seconded by Councillor Ashe That the meeting be adjourned at 7:45 pm. Dated this 14th day of July, 2014. 17 Council Meeting Minutes Monday, July 14, 2014 7:00 PM -Council Chambers No Councillor Mclean Councillor Rodrigues Carried Mayor Ryan Debbie Shields City Clerk 17 18 Present; Mayor Ryan Councillors: K. Ashe D. Dickerson B. Mclean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel -Chief Administrative Officer Planning & Development Committee Meeting Minutes Tuesday, September 2, 20c14 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues P. Bigioni -Director, Corporate Services & City Solicitor T. Melymuk -Director, City Development C. Rose -Chief Planner · D. Shields -City Clerk N. Surti -Manager, Development Review & Urban Design M. Markham -Principal Planner-Development Review R. Pym -Principal Planner-Development Review A. Yearwood-Planner II L. Paray -Planner II-Development Review L. Harker -(Acting) Supervisor, Legislative Services (I) Disclosure of Interest No disclosures of interest were noted. (II) Part 'A' Information Reports Nilesh Surti, Manager, Development Review & Urban Design, gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. 1 1. Information Report No. 09-14 P(anning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues Zoning By-law Amendment Application A 6/14 N. Niazi 1144 Kingston Road A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application .. Ashley Yearwood, Planner II, appeared before the Committee to provide a brief overview of Information Report No. 09-14 with respect to the rezoning of subject . property to a commercial zone to facilitate the construction of a two-story commercial building. Robert Trousdale, 7413 Ashburn Road, Brooklin, TRIGA Corporation, appeared before the Committee on behalf of the applicant in support of the application and indicated he was available toanswerquestions. A question and answer period ensued with respect to whether or not having a restaurant was vital to the application and the importance of saving as many mature trees as possible. David Finnegan, 17.11 Wollaston Crt., appeared before the Committee to state that it seemed like a good proposal but he objected to the restaurant use component and noted examples of how the City has denied restaurant uses for similar properties. He noted that some of his concerns with the restaurant are the fact that there would be cookinQ odours and it would attract racoons to the area. Paul Wagner, 1134 Kingston Road, appeared before the Committee and noted his main concern with the application was of potential damage to the foundation of his house during the construction of the project and pile driving that would occur. He also noted that he clid not want a restaurant use on the property and stated that he wanted a high privacy fence erected right to the front of his property so that people would nottake short cuts across his property. A question and answer period ensued. It was recommended that City staff have an Engineer go out and survey Mr. Wagner's property to ensure the foundation is sound before construction started and then review it again after. It was also noted· that Mr. Wagner would receive a copy of the survey from the Engineer for his records. 2 1 9 20 PI Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm -Council Chambers Chair: Councillor Rodrigues Frank Malone, 1707 Wollaston Crt., appeared before the Committee in opposition to the application. Mr. Malone also expressed his. opposition to a restaurant and reiterated his concerns of cooking odours, privacy and animals. Mr. Malone would like the application to include a solid, concrete wall between the commercial property and the residential properties for privacy. Linda Mae Hargrove, 1703 Wollaston Crt., appeared before the Committee and noted that she would like to see the greenspace behind her property preserved and also noted that she did not want a restaurant on the property. Brenda Putt-Rogers, 1705 Wollaston Crt., appeared before the Committee and expressed her concerns with the loss of greenspace and also noted she would like the greenspace preserved. She questioned whether another development in this area was even necessary due to the number of vacant units in other locations. Donna Bell, 1879 Hensall Crt, appeared before the Committee and also expressed her opposition to a restaurant.· She noted that she definitely did not want to see a drive thru. She also questioned the necessity of this development with all of the vacancies in the area. Robert Trousdale advised the Committee that they do not anticipate any pile driving on this project but, was willing to do the survey and provide copies. He also noted · that there would be a fully enclosed garbage room to discourage animals and are willing to put up a solid fence and provide vegetation. He noted they wanted to ' work with area residents regarding any concerns. 2. Information Report No. 10-14 Draft Plan of Subdivision Application SP-2014-01 Draft Plan of Condominium Application CP-2014-01 Zoning By-law Amendment Application A 1/14 . Lebovic Enterprises Ltd. and 1320991 Ontario Limited 2610, 2630, 2650 and 2663 Brock Road A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Melissa Markham, Principal Planner, Development Review, appeared before the Committee to provide an overview of Information Report No. 10-14 with respect to the condominium development of 27-3 storey live-work townhouse units and 129-3 storey townhouse units. 3 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues Steven Wimmer, appeared before the Committee on behalf of the applicant, Lebo vic Enterprises, in support of the application. Mr. Wimmer provided a presentation to detail the application and was available to answer any questions. A question and answer period ensued with respect to the proposed amenity space and access to the live/work units. Peter Gregor, 2147 Theoden Crt., appeared before the Committee on behalf of Cathy Gerbis, 2620 Brock Road, who was unable to attend tonight's meeting. Ms. Gerbis submitted comments included within the Report stating her concerns related to the impact on wildlife, traffic, how access to the site would impact her property, and concerns relating to the potential impact relating to servicing, such as water flow and septic bed~ Mr. Gregor noted that Ms. Gerbis wanted to make sure the 60 year old trees on her property were protected. He questioned how the development could move forward with no road access and noted that there needs to be an appropriate interface between Blocks A& B. He also noted concerns regarding appropriate set backs. Donna Bell, 1879 Hensall Crt, appeared before the Committee and questioned how close the development would be to Brock Road and noted that if it was too close then Brock Road wouldn't be able to expand in the future. She noted her concerns with the additional traffic impacts the development would create. A resident of 1725 Pure Springs Blvd., appeared before the-Committee in opposition to the application. He expressed his concerns relating to the conformity of existing development and stated that there was too much going on for such a small area. He expressed his concern with the number of additional residents in such a small area and the additional traffic and parking issues it would cause. Barbara Pulst, 909 Vistula Drive, appeared before the Committee and questioned whether there were any stats on this type of live/work development with the parking in the back and how successful it was. Clement Pascale, a resident from the west side of the development, appeared before the Committee to enquire if there were any plans to include schools in this area. He questioned when the project would be completed and noted his concerns with increased traffic in the area. Lloyd Cherniak, Lebovic Enterprises Ltd., appeared before the Committee in support of the application. He noted that they anticipated a different type of purchaser for these units and noted that there are a very limited type of commercial business that would occupy the live/work units. 4 21 22 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues Discussion ensued regarding concerns associated with parking, the preservation of greens pace, the woodlot being proposed as amenity space and the plan on how the development will connect to surrounding development. It was noted that the businesses in the live/work units needed to be businesses that the area residents could use, such as a dry cleaner, bakery etc. (Ill) Part 'B' Planning & Development Reports 1. Director, City Development, Report PLN 16/14 Zoning By-law Amendment Application A 4/14 C. Bollmann , 3325 Highway 7 Recommendation . Moved by Councillor Dickerson Seconded by Councillor Pickles That Zoning By-law Amendment Application A 4/14, submitted by C. Bollmann, to permit a dog daycare and boarding facility with associated retail use on lands municipally known as 3325 Highway 7, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 16-14 be forwarded to Council for enactment. · 2. Director, City Development, Report PLN 17-14 Zoning By-law Amendment Application A 5/14 Marshall Homes (Copperfield) Ltd. 1283 Wharf Street Lot 20, Plan 89 Carried Gordon Ripley, 1295 Wharf Street, appeared before the Committee to express his main objection regarding the height of the proposed townhouses and the elevator shafts obstructing his view of Frenchman's Bay. A brief question and answer period ensued. Brian Moss, a representative of Marshall Homes, appeared before the Committee in support of the application and noted that he thought Mr. Marshall had already had conversations with the residents regarding the view to Frenchman's Bay. 5 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm-Council Chambers Chair: Councillor Rodrigues Craig Marshall of Marshall Homes, 1897 Woodview Avenue, appeared before the Committee in support of the application and advised the Committee that there have been discussions with residents regarding their concems. Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson · That Zoning By-law Amendment Application A 5/14, submitted by Marshall Homes (Copperfield) Ltd., to amend the zoning on lands being Lot 20, Plan 89 in order to facilitate a residential development consisting of four townhouse units be endorsed with the provisions contained in Appendix I to Report PLN 17-14, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Carried 3. Dir.ector, City Development, Report PLN 18-14 City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Maurice Brenner, 711 Sun bird Trail, appeared befqre the Committee to propose some questions for consideration. He noted that the protocol was a good thing but really unenforceable. Mr. Brenner proposed that the City approach the cell tower industry and Industry Canada to sign a Memorandum of Understanding which would make the City guidelines enforceable. Andy McKinnon a Westshore resident appeared before the Committee and questioned why all of the resident comments were not included in the report. He noted that other residents commented on the protocol and their comments should . be listed in full within the report. Recommendation Moved by Councillor Pickles Seconded by Councillor O'Connell 1. That the City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocof) dated September 2014, as set out in Appendix 1 to Report PLN 18-14, be approved; and 6 23 24 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues 2. Further, that industry representatives, resident associations and other interested parties be advised of the City's approved Protocol, and that the approved Protocol be made available through the City's website. 4. Director, City Development, Report PLN 20-14 Draft Plan of Subdivision Applications SP-2013-03 & SP-2014-02 Draft Plan of Condominium Application CP-2014-02 Zoning By-law Amendment Application A 6/13 E. Ovide Holdings (Altona) Inc. Parcel A-199, 207, 215, 219 and 223 Finch Avenue Parcel B -1978 Altona Road Parcel C -1973 and 1981 Altona Road Parcel D -335 and 339 Finch Avenue Carried Discussion ensued with respect to construction access points, concerns with viewscapes and the potential loss of greenspace. Recommendation Moved by Councillor Dickerson Seconded by Councillor Mclean 1. That Draft Plan of Subdivision Application SP-2013-03, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 199, 207, 215, 219 and 223 Finch Avenue and 1978 Altona Road, to establish a residential plan of subdivision consisting of 12 lots for detached dwellings, 4 blocks for 22 townhouse units, a block for Finch Avenue road widening and the extension of Shadow Place, as shown on Attachment #2 to Report PLN 20- 14, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Draft Plan of Subdivision Application SP-2014-02, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 1973 and 1981 Altona Road, to establish a single development block to facilitate a common element condominium consisting of 40 townhouse units, as shown on Attachment #3 to Report PLN 20-14, and the implementing conditions of approval, as set out in Appendix II, be endorsed; 7 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues 3. That Zoning By-law Amendment Application A 6/13, submitted by E. Ovide Holdings (Aiton·a) Inc., to implement the Draft Plan of Subdivision SP-2013- 03 and SP-2014-02 and for lands municipally known as 335 and 339 Finch Avenue, be endorsed with the provisions contained in Appendix Ill to Report PLN 20-14, and that staff be authorized to finalize and forward the implementing Zoning By-law Amen_dment to Council for enactment; 4. That the Rouge Park Neighbourhood Development Guideline Figure A- Tertiary Plan, as shown on Appendix IV to Report PLN 20...:14, be amended by deleting the future road connections from Finch Avenue to Shadow Place and from Finch Avenue to Altona Road, and deleting the potential heritage home symbol on lands municipally known as 1973 Altona Road; 5. That Region of Durham be requested to advance the timing for the urbanization of Altona Road generally located between Stroud's Lane and Finch Avenue; and 6. Further, that staff be directed to-design and determine the cost of installing sidewalks along Altona Road from Finch Avenue to Sparrow Circle for consideration through the 2015 Capital Budget process. 5. Director, Corporate Services& City Solicitor, Report LEG 07-14 946037 Ontario Limited, Plan of Subdivision 40M-2402 -Final Assumption of Plan of Subdivision Recommendation Moved by Councillor Pickles Seconded by Councillor MyLean Carried 1. That Wing arden Crescent and Shade Master Drive within Plan 40M-2402 be assumed for public use; 2. That the works and services r~quired by the Subdivision Agreement within Plan 40M-2402, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying_ immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Blocks 13 to 22; and 8 25 26 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm -Council Chambers Chair: Councillor Rodrigues 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2402 be released and removed from title, save and except from Blocks 13 to 22. The Committee recessed for ten minutes and reconvened at 9:15pm. 6. Director, City Development, Report PLN 21-14 Zoning By-law Amendment Application A 3/14 Carried Durham Live-Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc. 1802 and 1902 Bayly Street and 2028 Kellino Street Katarzyna Sliwa, Pickering Development Planning Alliance, appeared before the Committee on behalf of the applicant in support of the application. Ms. Sliwa advised Committee that they have been working with residents c;md continue to address concerns raised. She also noted that there has been considerable confusion in the pub!ic due to' inaccurate mass media that states the proposal is just for a casino. Dayna Gilbert, Planning Alliance, appeared before the Committee on behalf of the applicant in support of the application. Ms, Gilbert provided an overview of the application and various studies and follow-ups completed to date. Moved by Councillor Ashe Seconded by Councillor Pickles That the rules of procedure be amended to allow the delegations time extended by five minutes. Carried A question and answer period ensued regarding the appeal process, time!ines and feasibility of the proposal with or without a casino. Andrew Larter, appeared before the Committee in opposition to the application. Mr. Larter classified his concerns into three areas-infrastructure, environment and urban design. He stated that currently, the infrastructure is not capable of handling this large development. Roads need to be updated, connections between roads are not adequate and there is no interchange on the 401. Additionally, the traffic impact of the development will be greater than anticipated. He expressed his concerns for the environment, chiefly, the loss of forests, farmland and wetland. In addition, the 9 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm-Council Chambers Chair: Councillor Rodrigues proposed development is not compatible with surrounding land uses and is not walkable or pedestrian friendly. A question and answer period ensued. Chief Kelly LaRocca, Mississaugas of Scugog Island First Nation, appeared before the Committee in opposition to the application. Chief LaRocca provided an overview of a public opinion survey that had been completed by Abacus Data. Chief LaRocca provided some highlights of this survey, namely that it demonstrated that the majority of respondents were not in favour of a casino. A question and answer period ensued regarding responsible gaming and how gaming can be controlled effectively. Chief LaRocca discussed the Great Blue Heron Charity Casino's positive working relationship with enforcement officials and how this relationship has taken years to form. Murray Chusid, Picov Downs Inc., appeared before the Committee in opposition to the application. Mr. Chusid stated that he believes the plebiscite question to be a · fair question, and that the question asks one thing and the Committee Report addresses another. He expressed his concern that the zoning provisions are based on conceptual, rather than actual plans. Moved by Councillor Mclean Seconded by Councillor O'Connell That the rules of procedure be amended to allow the delegations time extended by five minutes. Carried A brief question and answer period ensued. John Bousfield, appeared before the Committee and advised that he had nothing to add to the discussion. Len Hummel and Jonathan Kulathungam, a representatives of the Gathering Place appeared before the Committee in opposition to the application. Mr. Hummel outlined their concerns which include the societal and ethical issues associated with a casino. They are also concerned about the increase in traffic and noise· but if these issues are adequately addressed and the residents ofPickering say Yes to the question on the Municipal Election Ballot, then they would be satisfied. Mr: Hummel recommended that this decision be made following the election and referendum results. 10 27 28 Planning & Development- Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm -Council Chambers Chair: Councillor Rodrigues Fazeed Ramjohn, 838 Zator Avenue, appeared before the Committee in opposition to a casino. Mr. Ramjohn suggested that the City's infrastructure is not adequate for a development of this magnitude and that the development does not belong in a "family community". David Sim, 1000 Rambleberry Avenue, appeared before the Committee in support of the application. Mr. Sim expressed the benefits of such an application, including proximity of entertainment and the revenue benefit for the City . . A ·brief quest(on and answer period ensued. Moved by Councillor Pickles . Seconded by Councillor Dickerson That the rules of procedure be suspended in order to continue the meeting for one additional hour. Carried The Committee recessed for ten minutes and reconvened at 12:10 am. Donna Bell, 1879 Hensall Court, appeared before the Committee in opposition to the application. Ms. Bell noted that she would like the referendum question to be clearly summarized for residents at polling locations on Election Day. Victor Chew, North York, appeared before the Committee in favour of the application. Mr. Chew noted that this application would benefit entrepreneurs and small business owners and would provide a close entertainment venue for local municipalities. He also noted that this decision should be made prior to the municipal election. Cat Beattie, West Shore, appeared before the Committee in opposition to the application. Ms. Beattie is not in support of the application as she enjoys the quiet, natural setting that is currently Pickering. In addition, she does not believe that this will create jobs for Pickering residents, but that the jobs will go to those that lose their jobs at the Ajax casino. A brief question and answer period ensued. Maurice Brenner, 711 Sunbird Trail, appeared before the Committee in opposition to the application. Mr. Brenner advised that this Report lacks sufficient documentation and requires further studies to be conducted. 11 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm-Council Chambers Chair: Councillor Rodrigues Chris Papadimrtiou, 1714 Minstrel Manor, appeared before the Committee in support of the application. He would like the opportunity to have entertainment close by, rather than having to drive long distances. Andy McKinnon, West Shore, appeared before the Committee in opposition to the application. · Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Zoning By-law Amendment Application A 3/14, submitted by Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc., to revise the list of permitted employment uses on lands being 1802 and 1902 Bayly Street and 2028 Kellino Street in order to facilitate the development of an integrated mixed use tourist destination be endorsed, and that an implementing zoning by-law as outlined in Recommendation 2 of Report PLN 21-14. be prepared and forwarded to Council; - 2. That the implementing zoning by~law include, but not necessarily be limited to, the following provisions: a) The establishment of a Major Tourist Destination "MTD" land use zone on the Phase 1 portion of the site, which shall permit uses generally as set out in Appendix I; b) The establishment of an Urban Reserve "UR" land use zone on the Phase 2 portion of the site as an interim measure, which category shall permit only existing legal uses and uses permitted by Natural Heritage Systems zone; c) The use of an (H)-holding symbol for the MTD zoned lands to limit the amount and/or level of development that may be allowed on site before the required Regional and/or Provincial transportation infrastructure is provided, which amount and/or level of development· shall be determined by the City of Pickering and the Region of Durham in consultation with the Ontario Ministry of Transportation; d) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate agreements are in place with the City of Pickering, the Region of Durham and the Province of Ontario, if necessary, prior to development; and · 12 29 30 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm-Council Chambers Chair: Councillor Rodrigues e) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate technical details have been provided related to the natural heritage features and environmental sensitive lands, to the satisfaction of the City of Pickering and the Toronto and Regiqn Conservation Authority; and 3. Further, that Council direct staff to bring forward a report on the Phase 2 lands at a later date, recommending the rezoning of these lands from Urban Reserve to Major Tourist Destination and Natural Heritage System as may be appropriate, once the required environmental investigations are completed to the satisfaction of the City and the Toronto and Region Conservation Authority. Moved by Councillor Dickerson Seconded by Councillor Mclean That the Planning & Dev~lopment Meeting recess until Monday, September gth at 7:00pm. Carried Meeting recessed at 1:00 am. Meeting reconvened on September 8, 2014 at 7:00 pm Delegations (Continued) Barbara Pulst, 909 Vistula Drive, Pickering appeared before the Committee in opposition to the application, noting concerns with the lack of studies .done with respect to increased traffic volume, the effects of gaming as well as the cesulting impact on social services. She also questioned why the City would enter into any applications with the developers prior to a referendum. A question and answer period ensued with respect to increased crime resulting from the establishment of a casino. Moved by Councillor Dickerson Seconded by Councillor Pickles That the rules of procedure be suspended in order to allow additional delegations to be heard. 13 Carried Unanimously on a Recorded Vote · Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00pm-Council Chambers Chair: Councillor Rodrigues Susan Elbertsen, 674 Chiron Crescent, Pickering, appeared before the Committee in favour of the application, stating this would create numerous jobs such as skilled trades. She also noted additional uses within casinos such as weddings, shows, etc. A question and answer period ensued. Dean Williams, 10-1295 Wharf Street, Pickering, Chair of the Nautical Village Business Association appeared before the Committee in favour of the application. He noted their mandate is to promote a cohesive and inclusive community. He stated that Pickering is far from development saturation, noting a need to expand and develop. He stated this application would have an exponential effect on the fabric of this City and that this opportunity should not be missed. A question and answer period ensued. Noel O'Conner, U-Pak Group of Companies, 1740 McPherson Court, Pickering, appeared before the Committee in favour of the application, noting the massive injection of jobs that would be created. He stated this would be the third largest tourist attraction in Ontario, noting the economic impact would be staggering. He also noted that more employment within the area would mean less congestion on the streets. A question and answer period ensued with respect to traffic impacts. Dennis Lacey, 1110 Maple Gate Road, Pickering, appeared before the Committee in opposition to the application. He stated that while he was once supportive of casinos, he now felt this is not a quick fix, as he has seen a decline in communities with casinos. He felt the City's resources should be applied elsewhere to create employment. A question and answer period ensued with respect to job creation and stand alone casinos versus those within a tourist district. Tony Smurridge, 597 Marksbury Road, Pickering, appeared before the Committee in opposition to the application. He stated concerns with respect to the location of the site, being in close proximity to the nuclear station. He also noted the main concern seems to be more focused on the issue of a casino. He felt this decision should wait until after the results of referendum question. 14 31 32 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm....:. Council Chambers Chair: Councillor Rodrigues John Lang, 521 Gardenview Square, Pickering, appeared before the Committee in favour of the application, noting he. currently has to travel outside of Pickering for recreational activities such as water parks and theatres. Glenn Brown, 1995 Bowler Drive, Pickering, appeared before the Committee in favour of the application, stating discussions should not be limited to casinos. He also noted the recommendations contain delay factors which allow for future studies. Dayna Gilbert, Planning Alliance, appeared before the Committee on behalf of the applicant to respond to concerns raised.· She provided clarification on fhe timelines which had occurred for the application and stated the focus should be on the merits of the application and recommendations. She noted the implementing by-law has not yet been prepared, and would come forward at a later date. She also noted additional studies will be completed and stated that supporting studies were revised and resubmitted to include comments received. She stated these had been reviewed by all agencies involved. Ms. Gilbert provided an explanation of the three holding provisions as well as clarification on the phasing zones. A detailed question and answer period ensued with respect to delay_ing the application until after the referendum question regarding casinos and the resulting impacts should the response be in opposition. Discussion also ensued with respect to the proposed uses for the site as well as OLG process and approval procedures. Concerns were raised regarding a lack of data and study information provided in the report as well as the socio-economic impacts. Concerns were noted as; well to ensure that the process is followed to ensure this is in the best interests of the community. Katarzyna Sliwa, Pickering Development Planning Alliance, appeared before the Committee to provide clarification with respect to questions raised regarding the OLG process. Discussion continued with respect to how the various phases would proceed, as well as clarification that this was not an approval of a casino specifically. Staff were requested to provide the number of square footage in the proposed development area. Moved by Councillor O'Connell Seconded by Councillor Mclean That Report PLN 21-14 be referred back to staff until such time that we know the results of the 2014 Municipal Election referendum question regarding a casino 15 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm -Council Chambers Chair: Councillor Rodrigues complex and until we receive additional background studies including but not limited to socio-economic study, market study for the tourist attractions if not reliant on a casino facility, traffic plan review and copy of the Business Case as required by Regulation 81/12 of the OlGC Act. Yes Councillor Mclean Councillor O'Connell Councillor Rodrigues Moved by Councillor O'Connell. Seconded by Councillor Mclean Motion Defeated on a Recorded Vote as Follows No Councillor Ashe Councillor Dickerson Councill"or Pickles Mayor Ryan That the Gaming Establishment/casino be tabled from the proposed Major Tourist Destination uses. · Yes Councillor Mclean Councillor O'Connell Councillor Rodrigues Motion Defeated on a Recorded Vote as Follows No Councillor Ashe Councillor Dickerson ·Councillor Pickles Mayor Ryan The Committee recessed for ten minutes and reconvened at 10:18 pm. A further discussion period ensued with respect to the benefits to the community in attracting business and providing a variety of choices for the residents. The main motion was then Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Dickerson Councillor Pickles Mayor Ryan 16 No Councillor Mclean Councillor O'Connell Councillor Rodrigues 33 (I f) Adjournment The meeting adjourned at 10:35 pm. 34 17 Planning & Development Committee Meeting Minutes Tuesday, September 2, 2014 & Monday, September 8, 2014 7:00 pm-Council Chambers Chair: Councillor Rodrigues Present: Mayor Ryan Councillors: K. Ashe · D. Dickerson B. Mclean J. O'Connell D. Pickles P. Rodrigues Also Present: -Chief Administrative Officer Executive Committee Meeting Minutes Monday, September 8, 2014 10:40 pm -Council Chambers Chair: Councillor Ashe T. Prevedel P. Bigioni -Director, Corporate Services & City Solicitor M. Carpino R. Holborn T. Melymuk· J. Hagg -Director, Culture & Recreation -Director, Engineering & Public Works -Director, City Development -Fire Chief S. Karwowski D. Shields -Division Head, Finance & Treasurer -City Clerk L. Roberts -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations (Ill) Matters for Consideration 1. Fire Chief Report FIR 03-14 Emergency Response Preparedness to Dangerous Goods Shipped by Rail in Pickering Recommendation Moved by Councillor Pickles Seconded by Councillor Rodrigues 1 35 36 Executive Committee Meeting Minutes Monday, September 8, 2014 10:40 pm -Council Chambers Chair: Councillor Ashe 1. That Report FIR 03-14 of the Fire Chief be received for information; 2. That Fire SeNices staff and the Community Emergency Management Coordinator (CEMC) continue participating in training and familiarization related to emergency hazardous goods response and rail safety initiatives; 3. That Fire SeNices staff and the CEMC continue to meet with representatives from Canadian Pacific Rail (CP Rail), Canadian National Rail (CN Rail) and Durham Emergency Management Office (DEMO) to explore training opportunities and foster a cooperative relationship that will ensure an efficient and effective response to rail related emergencies; and, 4~ That the appropriate City of Pickering Officials be authorized to take the necessary action to give effect hereto. 2. Director, City Development, Report PLN 19-14 Rouge National Urban Park -Draft Management Plan Recommendation Moved by Councillor Pickles Seconded by Councillor Rodrigues Carried 1. That Report PLN 19-14 of the Director, City Development, regarding the draft Management Plan for the Rouge National Urban Park be received for information; and 2. Further, that a copy of this Report be forwarded to Parks Canada staff for consideration in finalizing the Draft Management Plan. 3. Director, Engineering & Public Works, Report ENG 18-14 Rosebank ReseNoir Lands Lease Extension Agreement -Amberlea Park Recommendation Moved by Councillor Pickles Seconded by Councillor Rodrigues 2 Carried Executive Committee Meeting Minutes Monday, September 8, 2014 10:40 pm -Council Chambers Chair: Councillor Ashe 1. That Report ENG 18-14 of the Director, Engineering & Public Works regarding the lease extension agreement for Amberlea Park be received; and; 2. That the Mayor and City Clerk be authorized to execute a lease extension agreement with The Regional Municipality of Durham for an additional period of twenty years, commencing July 5, 2012, and ending on July 4, 2032 that is in a form satisfactory to the Director, Corporate Services & City Solicitor. 4. Director, Engineering & Public Works, Report ENG 19-14 Stormwater Drainage in the Hamlet of Claremont -Update on the Claremont Drainage Feature Cleanout Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson Carried 1. That Report ENG 19-14 of the Director, Engineering & Public Works concerning Stormwater Drainage in the Hamlet of Claremont be received; 2. That Council change the 2013 Capital Budget approval and corresponding funding for the Claremont Drainage Feature Cleane>ut (Account 541 0.1301) from $550,000 to $41,700 and that the Treasurer be authorized to fund the , expenditure from a transfer from the Rate Stabilization Reserve; and 3. That Staff be authorized to finalize the scope, and prepare Terms of Reference of a Claremont Master Drainage Plan in order to initiate a Request for Proposal for consulting services for the study, with funds being proposed in the 2015 Current Budget. 5. Director, Engineering & Public Wor~s, Report PW 02-14 Boundary Road Agreement -City of Toronto -Scarborough-Pickering Townline Road Recommendation Moved by Councillor Pickles , Seconded by Councillor Dickerson 3 Carried 37 38 Executive Committee Meeting Minutes Monday, September 8, 2014 10:40 pm -Council Chambers Chair: Councillor Ashe 1. That Report PW 02-14 of the Director, Engineering & Public Works regarding the boundary road agreement with the City of Toronto for the Scarborough- Pickering Townline Road be received; 2. That Council grant approval to staff to finalize a new boundary road agreement with the Corporation of the City of Toronto for the ongoing maintenance, repairs and construction related to the Scarborough-Pickering Townline Road on terms and conditions generally as set out in this report and in a form satisfactory to the Director, Corporate Services & City Solicitor; and 3. That the Mayor and Clerk be authorized to execute the boundary road agreement. 6. Director, Engineering & Public Works, Report PW 03-14 Seniors and Persons with Disabilities Snow Clearing Program Carried -Expansion to the Hamlets of Brougham, Claremont, Greenwood and Whitevale Recommendation Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Report PW 03-14 of the Director, Engineering & Public Works regarding expansion of the Seniors and Persons with Disabilities Snow Clearing Program to the Hamlets of Brougham, Claremont, Greenwood, and Whitevale be received; 2. That Council support expansion of the program from 350 to 375 participants, commencing in the 2014/2015 winter season in order to accommodate additional demand and expansion to the Hamlets of Brougham, Claremont, Greenwood, and Whitevale and; 3. That a nominal fee for the Seniors and Persons with Disabilities Snow ( Clearing Program be proposed by staff through the 2015 budget process and be proposed in the 2015 Summary of Fees Charges to be in effect for the 2015/2016 program. · Carried 4 Executive Committee Meeting Minutes Monday, September 8, 2014 10:40 pm -Council Chambers Chair: Councillor Ashe 7. Director, Corporate Services & City Solicitor, Report FIN 20-14 Cash Position Report as at June 30, 2014 Recommendation Moved by Councilfor Pickles Seconded by Councillor Dickerson That Report FIN 20-14 from the Director, Corporate Services & City Solicitor be received for information. Carried (IV) Adjournment The meeting adjourned at 11 :00 pm. 5 39 September 15, 2014 Presentations Adopt A Park Pickering West Shore Community Association -Glen Ravine Park 40 Delegations 1. Mike Newman Re: Giant Hogweed 2. Maria Galvan Re: Durham Caribbean Festival Report CR 12-14 3. Leon Presner Re: Pickering Rotary Wing Festival Report CR 19-14 4. Dayna Gilbert Planner, Landscape and urban Designer planningAIIiance Re: Report PLN 21-14 Durham Live September 15, 2014 41 September 15, 2014 Committee Reports a) Report PO 2014-08 of the Planning & Development Committee P & D Pages 1. Director, City Development, Report PLN 16/14 Zoning By-law Amendment Application A 4/14 C. Bollmann 23-33 2. 3325 Highway 7 Recommendation That Zoning By-law Amendment Application A 4/14, submitted by C. Bollmann, to permit a dog daycare and boarding facility with associated retail use on lands municipally known as 3325 Highway 7, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 16-14 be forwarded to Council for enactment. Director, City Development, Report PLN 17-14 Zoning By-law Amendment Application A 5/14 Marshall Homes (Copperfield) Ltd. 1283 Wharf Street Lot 20, Plan 89 Recommendation 34-46 That Zoning By-law Amendment Application A 5/14, submitted by Marshall Homes (Copperfield) Ltd., to amend the zoning on lands being Lot 20, Plan 89 in order to facilitate a residential deVelopment consisting of four townhouse units be endorsed with the provisions contained in Appendix I to Report PLN 17-14, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. 3. Director, City Development, Report PLN 18-14 4 7-118 City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Recommendation 1. That the City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) dated September 2014, as set out in Appendix 1 to Report PLN 18-14, be approved; and 42 43 2. Further, that industry representatives, resident associations and other interested parties be advised of the City's approved Protocol, and that the approved Protocol be made available through the City's website. 4. Director, City Development, Report PLN 20-14 119-164 D~aft Plan ofSubdivision Applications SP-2013-03 & SP-2014-02 Draft Plan of Condominium Application CP-2014-02 Zoning By-law Amendment Application A 6/13 E. Ovide Holdings (Altona) Inc. Parcel A-199, 207, 215, 219 and 223 Finch Avenue Parcel B -1978 Altona Road Parcel C -1973 and 1981 Altona Road Parcel D-335 and 339 Finch Avenue Recommendation 1. That Draft Plan of Subdivision Application SP-2013-03, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 199, 207, 215, 219 and 223 Finch Avenue and 1978 Altona Road, to establish a residential plan of subdivision consisting of 12 lots for detached dwellings, 4 blocks for 22 townhouse units, a block for Finch Avenue road widening and the extension of Shadow Place, as shown on Attachment #2 to Report PLN 20-14, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Draft Plan of Subdivision Application SP-2014-02, submitted by E. Ovide Holdings (Altona) Inc., on lands municipally known as 1973 and 1981 Altona Road, to establish a single development block to facilitate a common element condominium consisting of 40 townhouse units, as shown on Attachment #3 to Report PLN 20-14, and the implementing conditions of approval, as set out in Appendix II, be endorsed; 3. That Zoning By-law Amendment Application A 6/13, submitted by E. Ovide Holdings (Altona) Inc., to implement the Draft Plan of Subdivision SP- 2013-03 and SP-2014-02 and for lands municipally known as 335 and 339 Finch Avenue, be endorsed with the provisions contained in Appendix Ill to Report PLN 20-14, and that staff be authorized to finalize and forward the · implementing Zoning By-law Amendment to Council for enactment;. 4. That the Rouge Park Neighbourhood Development Guideline Figure A- Tertiary Plan, as shown on Appendix IV to Report PLN 20-14, be amended by deleting the future road connections from Finch Avenue to Shadow Place and from Finch Avenue to Altona Road, and deleting the potential heritage home symbol on lands municipally known as 1973 Altona Road; 5. 5. That Region of Durham be requested to advance the timing for the urbanization of Altona Road generally located between Stroud's Lane and Finch Avenue; and 6. Further, that staff be directed to design and determine the cost of installing sidewalks along Altona Road from Finch Avenue to Sparrow Circle for consideration through the 2015 Capital Budget process. Director, Corporate Services & City SolicitQr, Report LEG 07-14 946037 Ontario Limited, Plan of Subdivision 40M-2402 -Final Assumption of Plan of Subdivision Recommendation 165-168 1. That Wing arden Crescent and Shade Master Drive within Plan 40M-2402 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2402, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Blocks 13 to 22; .and 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2402 be released and removed from title, save and except from Blocks 13 to 22. 6. Director, City Development, Report PLN 21-14 169-350 Zoning By-law Amendment Application A 3/14 Durham Live-Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc. Recommendation 1. That Zoning By-law Amendment Application A 3/14, submitted by Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc., to revise the list of permitted employment uses on lands being 1802 and 1902 Bayly Street and 2028 Kellino Street in order to facilitate the development of an integrated mixed use tourist destination be endorsed, and that an implementing zoning by- law as outlined in Recommendation 2 of Report PLN 21-14 be prepared and forwarded to Council; 2. That the implementing zoning by-law include, but not necessarily be limited to, the following provisions: 44 45 a) The establishment of a Major Tourist Destination "MTD" land use zone on the Phase 1 portion of the site, which shall permit uses generally as set out in Appendix I; b) The establishment of an Urban Reserve "UR" land use zone on the Phase 2 portion of the site as an interim measure, which category shall permit only existing legal uses and uses permitted by Natural Heritage Systems zone; c) The use of an (H)-holding symbol for the MTD zoned lands to limit the amount and/or level of development that may be allowed on' site before the required Regional and/or Provincial transportation infrastructure is provided, which amount and/or level of development shall be determined by the City of Pickering and the Region of Durham in consultation with the Ontario Ministry of Transportation; d) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate agreements are in place with the City of Pickering, the Region of Durham and the Province of Ontario, if necessary, prior to development; and e) The use of an (H)-holding symbol for the MTD zoned lands to ensure appropriate technical details have been provided related to the natural heritage features and environmental sensitive lands, to the satisfaction of the City of Pickering and the Toronto and Region Conservation Authority; and 3. Further, that Council direct staff to bring forward a report on the Phase 2 lands at a later date, recommending the rezoning of these lands from Urban Reserve to Major Tourist Destination and Natural Heritage System as may be appropriate, once the required environmental investigations are completed to the satisfaction of the City and the Toronto and Region Conservation Authority. September 15, 2014 Committee Reports b) Report EC 2014-08 of the Executive Committee Executive Pages 1. Fire Chief Report FIR 03-14 1-18 2. 3. Emergency Response Preparedness to Dangerous Goods Shipped by Rail in Pickering Recommendation 1. That Report FIR 03-14 of the Fire Chief be received for information; 2. That Fire Services staff and the Community Emergency Management Coordinator (CEMC) continue participating in training and familiarization related to emergency hazardous goods response and rail safety initiatives; 3. That Fire Services staff and the CEMC continue to meet with representatives from Canadian Pacific Rail (CP Rail), Canadian National Rail (CN Rail) and Durham Emergency Management Office (DEMO) to explore training opportunities and foster a cooperative relationship that will ensure an efficient and effective response to rail related emergencies; and, 4. That the appropriate City of Pickering Officials be authorized to take the necessary action to give effect hereto. Director, City Development, Report PLN 19-14 Rouge National Urban Park -Draft Management Plan Recommendation 19-27 1. That Report PLN 19-14 of the Director, City Development, regarding the draft Management Plan for the Rouge National Urban Park be received for information; and 2. Further, that a copy of this Report be forwarded to Parks Canada staff for consideration in finalizing the Draft Management Plan. Director, Engineering & Public Works, Report ENG 18-14 Rosebank Reservoir Lands Lease Extension Agreement -Amberlea Park Recommendation 28-34 46 4. 5. 47 1. That Report ENG 18-14 of the Director, Engineering & Public Works regarding the lease extension agreement for Amberlea Park be received; and; 2. That the Mayor and City Clerk be authorized to execute a lease extension agreement with The Regional Municipality of Durham for an additional period of twenty years, commencing July 5, 2012, and ending on July 4, 2032 that is in a form satisfactory to the Director, Corporate Services & City Solicitor. Director, Engineering & Public Works, Report ENG 19-14 Stormwater Drainage in the Hamlet of Claremont -Update on the Claremont Drainage Feature Cleanout Recommendation 35-42 1. That Report ENG 19-14 of the Director, Engineering & Public Works concerning Stormwater Drainage in the Hamlet of Claremont be received; 2. That Council change the 2013 Capital Budget approval and corresponding funding for the Claremont Drainage Feature Cleanout (Account 5410.1301) from $550,000 to $41,700 and that the Treasurer be authorized to fund the expenditure from a transfer from the Rate Stabilization Reserve; and 3. That Staff be authorized to finalize the scope, and prepare Terms of Reference of a Claremont Master Drainage Plan in order to initiate a Request for Proposal for consulting services for the study, .with funds being proposed in the 2015 Current Budget. Director, Engineering & Public Works, Report PW 02-14 Boundary Road Agreement -City ofT oronto -Scarborough-Pickering Townline Road Recommendation 43-58 1. That Report PW 02-14 of the Director, Engineering & Public Works regarding the boundary road agreement with the City of Toronto for the Scarborough-Pickering Townline Road be received; 2. That Council grant approval to staff to finalize a new boundary road agreement with the Corporation of the City of Toronto for the ongoing maintenance, repairs and construction related to the Scarborough- Pickering Townline Road on terms and conditions generally as set out in this report and in a form satisfactory to the Director, Corporate Services & City Solicitor; and · 3. That the Mayor and Clerk be authorized to execute the boundary road agreement. 6. Director, Engineering & Public Works, Report PW 03-14 59-70 Seniors and Persons with Disabilities Snow Clearing Program 7. -Expansion to the Hamlets of Brougham, Claremont, Greenwood and Whitevale Recommendation 1. That Report PW 03-14 of the Director, Engineering & Public Works regarding expansion of the Seniors and Persons with Disabilities Snow Clearing Program to the Hamlets of Brougham, Claremont, Greenwood, and Whitevale be received; 2. That Council support expansion of the program from 350 to 375 participants, commencing in the 2014/2015 winter season in order to accommodate additional demand and expansion to the Hamlets of Brougham, Claremont, Greenwood, and Whitevale and; 3. That a nominal fee for the Seniors and Persons with Disabilities Snow Clearing Program be proposed by staff through the 2015 budget process . and be proposed in the 2015 Summary of Fees Charges to be in effect for the 2015/2016 program. Director, Corporate Services & City Solicitor, Report FIN 20-14 Cash Position Report as at June 30, 2014 Recommendation 71-80 That Report FIN 20-14 from the Director, Corporate Services & City Solicitor be received for information. 48 September 15, 2014 NEW AND UNFINISHED BUSINESS PAGES 1. 2. 3. Director, Culture & Recreation, Report CR 12-14 Durham Caribbean Festival -Request to Permit Esplanade Park Recommendation 51-55 1. That Report CR 12-14 of the Director, Culture & Recreation regarding the . request of the Caribbean Event Organization of Ontario to permit the use of Esplanade Park for the 2015 Durham Caribbean Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Caribbean Event Organization of Ontario from June 20 to 22, 2015 (inclusive) for the Durham Caribbean Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Director, Culture & Recreation, Report CR 18-14 Pickering Food Truck Festival -Request to Permit Esplanade Park Recommendation . 56-60 1. That Report CR 18-14 of the Director, Culture & Recreation regarding the request of the Canadian Food Truck Festivals to permit the use of Esplanade Park for the 2015 Pickering Food Truck Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Canadian Food Truck Festivals from August 21 to 24, 2015 (inclusive) for the Pickering Food Truck Festival on the terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Director, Culture & Recreation, Report CR 19-14 Pickering Rotary Wing Festival -Request to Permit Esplanade Park 61-65 49 50 Recommendation 1. That Report CR 19-14 of the Director, Culture & Recreation regarding the request of the Rotary Club of Pickering to permit the use of Esplanade Park for the 2015 Pickering Rotary Wing Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Rotary Club of Pickering from September 10 to 14, 2015 (inclusive) for the Pickering Rotary Wing Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the. City of Pickering be authorized to take the necessary action to give effect hereto. 4. Director, Corporate Services & City Solicitor, Report LEG 08-14 66-70 Declaration of the remaining portion of Tracy Street, Plan 94, Pickering as surplus and stopping up and closing Tracy Street for the Purpose of Sale to Jenna Fawcett and Jonathan David Smith Recommendation 1. That the remainder of Tracy Street, Plan 94, Pickering be declared surplus to the needs of the City and that City staff begin the process of stopping up and closing the remainder of Tracy Street, Plan 94, Pickering, for the purpose of sale to Jenna Fawcett and Jonathan David Smith subject to any required easements, in accordance with the provisions of the City's Acquisition and Disposal of Land Policy; 2. That the Mayor, City Clerk, and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to give effect to the foregoing; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. From: Subject: Marisa Carpino Director, Culture & Recreation Durham Caribbean Festival Request to Permit Esplanade Park File: A-1440-001 Recommendation: Report to Council Report Number: CR 12-14 Date: September 15, 2014 1. That Report CR 12-14 of the Director, Culture & Recreation regarding the request of the Caribbean Event Organization of Ontario to permit the use of Esplanade Park for the 2015 Durham Caribbean Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Caribbean Event Organization of Ontario from June 20 to 22, 2015 (inclusive) for the Durham Caribbean Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give' effect hereto. Executive Summary: On August 26, 2014, a representative of the Caribbean Event Organization of Ontario (the "CEOO") provided City of Pickering staff with a request to permit the use of Esplanade Park for the 2015 Durham Caribbean Festival. Applicable City staff from various departments have reviewed the permit request and support, in principle, this event taking place in Esplanade Park on Sunday, June 21, 2015 subject to various event/festival requirements that must be met by the CEOO. At this early stage, City staff seeks Council's authorization to permit the use of Esplanade Park by the Caribbean Event Organization of Ontario from June 20 to 22, 2015 (inclusive) for the Durham Caribbean Festival The three day permit will allow one day for event set-up, one day for event operations and one day for event clean-up .. Financial Implications: The CEOO will be responsible to pay all applicable user fees that include the permit fee for Esplanade Park, the road occupancy permit fee, and any city equipment rental fees such as picnic tables, barricades, waste receptacles as provided by the Public Works and Engineering Department. The CEOO will also be responsible to pay the cost of By-law Enforcement Officers should they be required at this event. 51 52 Report CR 12-14 September 15, 2014 Subject: Durham Caribbean Festival Page 2 Discussion: The CEOO is a not-for-profit organization which began in 2010 with the aim of promoting Caribbean culture. CEOO believes that the diversity in our community is a fundamental strength of Durham Region. Throughout their work, they support diversity in all of its forms, encompassing but not limited to age, disability, economic circumstance, ethnicity, gender, race, religion or sexual orientation. CEOO created the Durham Caribbean Festival in 2010 in order to raise awareness of cultural diversity and showcase Caribbean inspired life. The organization partners with the Durham School Boards, local universities and colleges, the Food Network and Exit Festival (winner of CNN's 2014 best world festival). To date, CEOO have operated the Durham Caribbean Festival at the Greenwood Conservation Area in Ajax but are now seeking to move it to Esplanade Park, Pickering in 2015 because they require a larger venue that can accommodate their anticipated attendance of approximately 5,000. CEOO event organizers propose to include a number of activities as part of the 2015 Durham Caribbean Festival in Esplanade Park which include live performances, carnival area, beverage area (with liquor license), food vendors and outdoor cooking demonstrations. The event is planned to operate from 1 0 am to 1 0 pm on Sunday, June 21, 2015 and will require road closures on Esplanade North and South. The group is requesting access to electrical, water, picnic tables, restroom facilities, and recycling units as part of their three day permit which includes one day for park set-up and one day for park clean-up, City of Pickering staff from applicable Departments (including Engineering & Public Works, Corporate Services and Fire) have commented on this festival request and support the event in principle, subject to a number of evenVfestival requirements being met during the event planning process and prior to the event. The requirements to be imposed upon the CEOO include but are not limited to the following: • proof of 5 million dollars in liability insurance. Ill payment of required by-law enforcement officers • proof of Liquor License ~ City approval of vendor listing • designation of non-smoking areas • carnival permit • electrician onsite to oversee all electrical hook-ups • adhere to City traffic management plan for event • provide a waste management plan for source separation and disposal • road occupancy permit • Region of Durham permit for Water hook-up and inspection • rentals of event equipment and supplies • fire inspection for all vendors CORP0227 -07/01 revised Report CR 12-14 September 15, 2014 Subject: Durham Caribbean Festival Page 3 • building permit for all structures exceeding 600 square feet • locates completed for all staked and grounded equipment • Region of Durham community festival permit • rental of all required portable restroom and hand-washing stations • rental and installation of all required perimeter fencing • submission of site plan and emergency response plan • adherence to the City's emergency weather standard operating procedure • hiring of site security and police officers to monitor event operations At this early stage, City staff seeks Council's authorization to permit the use of Esplanade Park by the Caribbean Event Organization of Ontario from June 20 to 22, 2015 (inclusive) for the Durham Caribbean Festival. The three day permit will allow one day for event set-up, one day for event operations and one day for event clean-up. Attachments: 1. Correspondence from Maria Galvan, representative of the Caribbean Event Organization of Ontario Prepared By: Approved/Endorsed By: \;r Tanya Ry~ Supervisor, Ric lborn, P. Eng. Director, Engineering & Public Works ' ' CORP0227-07/01 revised 53 54 Report CR 12-14 Subject: Durham Caribbean Festival · MC:tr Recommended for the consideration of Pickering City Council ~ Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised September 15, 2014 Page 4 ATTACHl"iENT # j_TO REPORT#_~__(< I 2_ ~ I '-/ Gardner, leigh From: Maria GalvanMIIIil•••••••••• Sent: August-26-14 3:05PM To: Ferguson, Krystal; Ryce, Tanya Cc: durhamcaribbeanfestival@gmail.com Subject: DURHAM CARIBBEAN FESTIVAL Dear Friends, Durham Region was established in 1974 and is a fast-growing urban and suburban area. The region consists of the following municipalities: Ajax, Brock, Clarington, Oshawa, Pickering, Scugog and Whitby with over 600,000 residents. According to the Canadian 2011 Census, Pickering alone has a population of 88,72 and almost 40% of this population is a visible minority with the largest visible minority groups from the Caribbean Islands. The 2014 Durham Caribbean Festival was a resounding success. The popularity of the festival has grown within the community attracting over 20,000 participants throughout the years. The festival features live music, a variety of delicious Caribbean food, insightful art displays and theatrical performances that showcase Caribbean inspired life. This festival attracts a varied audience; from every ethnicity, and age group ... families from Durham Region and the surrounding Toronto areas. The Durham Caribbean Festival is a source of diverse knowledge and experience. It can increase innovation, creativity and prosperity in our city. This event will also enrich the cultural diversity by introducing new foods, music, traditions, beliefs and interests. For some this festival is memories of their native land and for others it's getting to know more about their neighbors, friends and co-workers and to share in the "Caribbean Vibe" we have either come from ... or. ... vacationed to. For our 2015 festivities, our committee's goal is to make Pickering home to the Durham Caribbean Festival. Our vision is to make Durham's Caribbean Festival an event that caters to people of all ethnic backgrounds giving everyone a day to celebrate and enjoy the true essence of being part of a meaningful multi-cultural region. On behalf of the Caribbean Event Organization of Ontario, (CEOO), a not for profit community association, I am writing to you kindly requesting that you will consider hosting this great event Attached is the application for hosting the 2015 Durham Caribbean Festival in Pickering. If you require additional information, please do not hesitate to contact me at anytime. Regards, Mary Galvan 1 55 56 From: Subject: Marisa Carpino Director, Culture & Recreation Pickering Food Truck Festival Request to Permit Esplanade Park File: A-1440-001 Recommendation: ·Report to Council Report Number: CR 18-14 Date: September 15, 2014 1. That Report CR 18-14 of the Director, Culture & Recreation regarding the request of the Canadian Food Truck Festivals to permit the use of Esplanade Park for the 2015 Pickering Food Truck Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Canadian Food Truck Festivals from August 21 to 24, 2015 (inclusive) for the Pickering Food Truck Festival on the terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: On August 19, 2014, a representative of the Canadian Food Truck Festivals (the CFTF") provided City of Pickering staff with a request to permit the use of Esplanade Park for the 2015 Pickering Food Truck Festival. Applicable City staff from various departments have reviewed the permit request and support, in principle, this event taking place in Esplanade Park on August 22 & 23, 2015 subject to various event/festival requirements that must be met by the CFTF. At this early stage, City staff seeks Council's authorization to permit the use of Esplanade Park by the Canadian Food Truck Festivals from August 21 to 24, 2015 (inclusive) for the Pickering Food Truck Festival. The four day permit will allow one day for event set-up, two days for event operations and one day for event clean-up. Financial Implications: The CFTF will be responsible to. pay for .all applicable user fees that include the permit fee for Esplanade Park, the road occupancy permit fee, and any city equipment rental fees such as picnic tables, barricades, waste receptacles as provided by the Public Works and Engineering Department. The CFTF will also be responsible to pay the cost of By-law Enforcement Officers should they be required at this event. Report CR 18-14 September 15, 2014 Subject: Pickering Food Truck Festival Page 2 Discussion: The CFTF is a non-profit organization with a mandate to produce Culinary Arts and Culture Festivals across Canada with .the goal of promoting the Food Truck movement while supporting the local community. As such, CFTF partners with a worthy ·charity for each festival to ensure that they not only promote Food Truck culture but also give back to the surrounding community. Currently, SickKids Foundation is the designated charity of CFTF: Canadian Food Truck Festivals is seeking to host the inaugural Pickering Food Truck Festival on August 15 & 16, 2015 or August 22 & 23, 2015 in Esplanade Park. Staff have confirmed that Esplanade Park is only available to be permitted for the Pickering Food Truck Festival on August 22 & 23, 2015. The Pickering Food Truck Festival is envisioned by CFTF to take the look and feel of a Ribfest with the replacement of rib trailers with food trucks. CFTF confirm that the Pickering Food Truck Festival will be family friendly with free admission and feature live music, beverage area (with liquor license) and a kids midway. The event is planned to operate from noon to 9 pm on August 22 & 23, 2015 and will require road closures on Esplanade North and South. CFTF is requesting access to electrical, water, picnic tables, restroom facilities, and recycling units, as part of their four day permit which includes one day for park set-up and one day for clean-up. City of Pickering staff from applicable Departments (including Engineering & Public Works, Corporate Services and Fire) have commented on this festival request and support the event in principle, subject to a number of event/festival requirements being met during the event planning process and prior to the event. The requirements to be imposed upon the CFTF include but are not limited to the following: • proof of 5 million dollars in liability insurance s payment of required by-law enforcement officers • proof of Liquor License • City approval of vendor listing • designation of non-smoking areas • carnival permit • electrician onsite to oversee all electrical hook-ups • adhere to City traffic management plan for event • provide a waste management plan for source separation and disposal • road occupancy permit • Region of Durham permit for Water hook-up and inspection • rentals of event equipment and supplies • fire inspection for all vendors • building permit for all structures exceeding 600 square feet • locates completed for all staked and grounded equipment CORP0227-07/01 revised 57 58 Report CR 18-14 September 15, 2014 Subject: Pickering Food Truck Festival Page 3 • rental of all required portable restroom and hand-washing stations • rental and installation of all required perimeter fencing • submission of site plan and emergency response plan • adherence to the City's emergency weather standard operating procedure • hiring of site security and police officers to monitor event operations At this early stage, City staff seeks Council's authorization to permit the use of Esplanade Park by the Canadian Food Truck Festivals from August 21 to 24, 2015 (inclusive) for the Pickering Food Truck Festival. The four day permit will allow one day for event set-up, two days for event operations and one day for event clean-up. Attachments: 1. Correspondence from Ben Freeman, Executive Director, Canadian Food Truck Festivals Prepared By: Tanya Ryce Supervisor, Cultur CORP0227-07/01 revised Approved/Endorsed By: Maris a Carpino, fvJI\ 1 Director, Culture <\_3ecreation Paul Bi Services & City Report CR 18-14 Subject: Pickering Food Truck Festival MC:tr Recommended for the consideration of Pickering City Council (~jj) Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised September 15, 2014 Page 4 il 59 ATTACHMENT#_( _TO REPORT#_~ ! ~-I'-( Gardner, Leigh Subject: FW: Pickering Food Truck Festival From: Ben Freeman [mailto:ben@torontofoodtruckfestival.com] Sent: August-19-14 2:09PM To: Thompson, Kim D. Subject: Pickering Food Truck Festival Hi Kimberly, It was great meeting you yesterday. To quickly recap, The Canadian Food Truck Festivals organization is a non-profit organization, who's mandate is to promote Food Truck culture through arts and culture festivals. We just completed our first festival "Toronto Food Truck Festival", which was a monumental success and we are now looking to produce festivals to the east and west of Toronto and at the top of our list is Esplanade Park. The festivals take the look and feel of aRibfest with the replacement of rib trailers with Food Trucks. The ·festivals are family friendly and include live music, alcohol service, kids midway and FREE ADMISSION. In addition, CFTF partners with a worthy charity for each festival to ensure that we not only promote Food Truck culture but give back to the surrounding community. Currently Sick:Kids is our designated charity. CFTF is looking to host the inaugural "Pickering Food Truck Festival" on August 15 & 16 or August 22 & 23, 2015 depending on park availability. I am hoping that you can connect me with the appropriate park permit officer as well as any other city service departments that I will need to liaise with in order to produce a safe and successful event. In our conversation yesterday, you mentioned that the City of Pickering has supported local events in the past with cash and in-kind services, such as barricades, garbage totes, etc. Although it would be our ultimate goal to develop a true partnership with the City of Pickering, as a first year event it may be best for all parties to take baby steps. That said, we are looking to secure the use of Esplanade Park, including, the gazebo and existing power infrastructure. If the City of Pickering would like to extend some in-kind services to the organization, we would graciously accept, however it is not a formal request at this time. If you could please let me know what the appropriate next steps are, I would be greatly appreciated. Talk Soon, Ben Ben Freeman Executive Diiector Canadian Food Truck Festivals Presenting The Toronto Food Truck Festival 60 1 From: Subject: Marisa Carpino Director, Culture & Recreation Pickering Rotary Wing Festival Request to Permit Esplanade Park File: A-1440-001 Recommendation: Report to Council Report Number: CR 19-14 Date: September 15, 2014 1. That Report CR 19-14 of the Director, Culture & Recreation regarding the request of the Rotary Club of Pickering to permit the use of Esplanade Park for the 2015 Pickering Rotary Wing Festival be received; 2. That Council authorize staff to permit the use of Esplanade Park to the Rotary Club of Pickering from September 10 to 14, 2015 (inclusive) for the Pickering Rotary Wing Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: On August 28, 2014, a representative of the Rotary Club of Pickering provided City of Pickering staff with a request to permit the use of Esplanade Park for the 2015 Pickering Rotary Wing Festival. Applicable City staff from various departments have reviewed the permit request and support, in principle, this event taking place in Esplanade Park on September 12 & 13, 2015 subject to various event/festival requirements that must be met by the Rotary Club of Pickering. At this early stage, City staff seeks Council's authorization to permit the use of Esplanade Park by the Rotary Club of Pickering on September 10 to 14, 2015 (inclusive) for the Pickering Rotary Wing Festival. The five day permit will allow two days for event set-up, two days for event operations and one day for event clean-up. Financial Implications: The Rotary Club of Pickering will be responsible to pay all applicable user fees that include the permit fee for Esplanade Park, the road occupancy permit fee, and any city equipment rental fees such as picnic tables, barricades, waste receptacles as provided by the Public Works and Engineering Department. The Rotary 61 62 Report CR 19-14 September 15, 2014 Subject: Pickering Rotary Wing Festival Page 2 Club of Pickering will also be responsible to pay the cost of By-law Enforcement Officers should they be required at this event. Discussion: The Rotary Club of Pickering has submitted a request to permit the use of Esplanade Park from September 10 to 14, 2015 (inclusive) to host their second annual Pickering Rotary Wing Festival. The first annual Pickering Rotary Wing Festival was held on April 11, 2014 at the Pickering Recreation Complex (banquet halls). Attendance at the 2014 event was overwhelming and exceeded their expectations. As a result, Rotary Club of Pickering are looking to expand the event in 2015 by moving it outdoors to Esplanade Park and increasing it to a two day festival. Rotary Club of Pickering propose to include various family friendly activities as part of their 2015 Pickering Rotary Wing Festival in Esplanade Park which includes live performances, carnival area, beverage area (with liquor license), food vendors with outdoor cooking. The event is planned to operate from 11 am to 11 pm on September 12 & 13, 2015 and will require road closures on Esplanade North and South. · The estimated daily attendance is 20,000. Rotary Club of Pickering is requesting access to electrical, water, picnic tables, restroom facilities, and recycling units, as part of their five day permit which includes two days for park set-up and one day for park clean-up. Rotary Club of Pickering is a long standing service group that has raised funds for local children and youth programs as well as local causes. The Rotary Club of Pickering has operated the annual Ribfest event in Esplanade Park (3 day festival) since 2008 with great success. City of Pickering staff from applicable Departments (including Engineering & Public Works, Corporate Services and Fire) have commented on this festival request and support the event in principle, subject to a number of evenUfestival requirements being met during the event planning process and prior to the event. The requirements to be imposed upon the Rotary Club of Pickering include but are not limited to the following: • proof of 2 million dollars in liability insurance • payment of required by-law enforcement officers • proof of Liquor License • City approval of vendor listing • designation of non-smoking areas • carnival permit • electrician onsite to oversee all electrical hook-ups • adhere to City traffic management plan for event • provide a waste management plan for source separation and disposal • road occupancy permit • Region of Durham permit for Water hook-up and inspection CORP0227 -07/01 revised Report CR 19-14 September 15, 2014 Subject: Pickering Rotary Wing Festival Page 3 • rentals of event equipment and supplies • fire inspection for all vendors • building permit for all structures exceeding 600 square feet • locates completed for all staked and grounded equipment • Region of Durham community festival permit • rental of all required portable restroom and hand-washing stations • rental and installation of all required perimeter fencing • submission of site plan and emergency response plan • adherence to the City's emergency weather standard operating procedure • hiring of site security and police officers to monitor event operations At this early stage, City staff seeks Council's authorization to permit the use of · Esplanade Park by the Rotary Club of Pickering on September 10 to 14, 2015 (inclusive) for the Pickering Rotary Wing Festival. The five day permit will allow two days for event set-up, two days for event operations and one day for event clean-up. Attachments: 1. Correspondence from Leon Presner, President, Rotary Club of Pickering Prepared By: Approved/Endorsed By: Tanya Ryce ( ) Supervisor, C61tural Services Marisa Carf}in , MA Director, C~ltu e & Recreation CORP0227-07/01 revised 63 64 Report CR 19-14 Subject: Pickering Rotary Wing Festival MC:tr Recommended for the consideration of Pickering City Council c£keiJl M 8, z_,.4 Tony Prevedel, P~Eng. Chief Administrative Officer CORP0227-07/01 revised September 15, 2014 Page 4 Clerk's Office City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Leon Presner President Rotary Club of Pickering P.O. Box 7 Pickering, Ontario L1V 2R2 August 28, 2014 To Whom it May Concern: i . Ot . AT"u-\CHr'iEI\JT#_~_-I_TO REPORT#_Q_\~ \ \-l L{ Rotary Re: Rotary Club of Pickering and the City of Pickering-Wing Festival Partnership Request This letter is a formal request to initiate a partnerrship with the City of Pickering and the Rotary Club of Pickering for the Pickering Rotary Wing Festival. 1 am respectfully requesting to have the Pickering Rotary Wing Festival partnership to be included on the September 15, 2014 Council Agenda. Leon Presner 65 66 From: Subject: Paul Bigioni Director, Corporate Services & City Solicitor Report to Council Report Number: LEG 08..:14 Date: September 15, 2014 Declaration of the remaining portion of Tracy Street, Plan 94, Pickering as surplus and stopping up and closing Tracy Street forlhe Purpose of Sale to Jenna Fawcett and Jonathan David Smith File: L-461 0-005-12 Recommendation: 1. That the remainder of Tracy Street, Plan 94, Pickering be declared surplus to the needs of the City and that City staff begin the process of stopping up and closing the remainder of Tracy Street, Plan 94, Pickering, for the purpose of sale to Jenna Fawcett and Jonathan David Smith subject to any required easements, in accordance with the provisions of the City's Acquisition and Disposal of Land Policy; 2. That the Mayor, City Clerk, and Director, Corporate Services & City Solicitor be authorized to execute all relevant documentation necessary to give effect to the foregoing; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: It has been determined that the subject land is no longer required by the City. In accordance with the Municipal Act and the City's Acquisition and Disposal of Land Policy, it is recommended that a Resolution be passed authorizing City staff to initiate the process of stopping up and closing the remainder of Tracy Street, Plan 94, as public highway, for the purpose of sale to the owners of the adjacent lands, being 5321 (Old) Brock Road. Financial Implications: The net revenue to the City from the sale of the closed road allowance will be $10,000.00. Discussion: When Plan 94 was registered in 1884, Tracy Street was shown as a road on the plan of subdivision. At some point after Plan 94 was registered, the plan of subdivision was abandoned and Tracy Street was never constructed, used Report LEG 08-14 September 15, 2014 Subject: Tracy Street, Close and Disposal Page 2 or maintained by the City as a road. In 1967, a portion of Tracy Street was sold to an adjoining landowner. This Report relates to the remainder of Tracy Street. The house existing on the property municipally known as 5321 (Old) Brock Road encroaches onto Tracy Street, Plan 94. (Site Sketch shown as Attachment 1 to this Report.) In 2012, Jenna Fawcett and Jonathan David Smith (the "Adjacent Owners") purchased 5321 (Old) Brock Road. The Adjacent Owners have advised the City that they are interested in purchasing the remainder of Tracy Street and merging it with their property to eliminate the existing encroachment issue and to accommodate an addition onto the dwelling. Tracy Street will never be used as a road, and the City does not require the land for any other purpose. Staff therefore supports the closing of the remainder of Tracy Street as a public highway and the sale of it to the Adjacent Owners, subject to all required easements and the payment of all legal fees. The Tracy Street parcel has a value of $10,000.00 as determined by an appraisal report prepared by Property Valuators/Consulting Inc. dated August 14, 2014. Staff are satisfied with the appraised value. While the subject lands do not visually appear as a travelled road, they are legally dedicated as public highway and must be stopped up and closed prior to the sale to the Adjacent Owners. Staff will bring the required by-law back to Council for enactment once the appropriate notices have been given regarding the road closure. Attachments: 1. Site Sketch 2. Location Map Denise Bye Supervisor, Property & Development Services DS:ks CORP0227-07/01 revised Paul Bigi Director, Solicitor 67 68 Report LEG 08-14 Subject: Tracy Street, Close and Disposal Recommended for the consideration of Pickering c· y Council . )j.IJ .Uec~Y Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised September 15, 2014 Page 3 . ::3/ Zot ATTACHMENT#I._/_TO REPORT# LE cl I .of, J o?; -11 FART 2 ~$ Ptm lJ.l..tSl 8t: R.E.I\0 IN CO.~;AJt>CTlO!i ~ltH TT-o'£ -s:t,'P-'1.-t:'l' P~i OATE>l RO">t'(),re~~<: !U.. 2.0\.l. ·' ,, / SURVEYOR'S REAL PROPERTY REPORT ?ART 1 I ) .PLAN Of LOt H AND PART OF to1S 15, 21, 11 AND 23 REGISTERED ?LAN 94 Cl1Y OF PICKERING REGIONAL MUNICIPAU1Y Of DURHAM SCM£ 1 : 2.50 t· l"'"' ~~,;;,;;· .. ~~~~ GORAN LAL£, S.Sc., O.L5., D.LI.P. I.IE!RlC D<S:T.QJCEr. S,•WW!ol U>l '";1-1~~ Pl.OW AAf.. /J..; u;:.JKr.$ A~D CAJ'J. iK (;Crol.\.flrftD 1'0 FLG S'f" Ci'I'!!:•JNC Il'l' Ctl04B.. NOll': ff:~NCS AX?.t ,_moN~C N-JO AAl ;;:rnw:;:m '10 '!HE £~~'1!"P-(.f ll~f1 Cf 6"\0C.OC: P,O.a.D NOR!'! \1_!> ""'DEto:LO} .A-5 S..--10"""1 Ci',J P'...AN -8t!SI, 1-f,t'(!~C. 1-S'tA~~C \Y' 1-iOG""20.':ft:l"'!;, ~R':J'tt:!i <::iUR"!'8' ioi"Ci-:IN[t.·~ fO)SCI ;Jt."fOTCS Sl.R<i!:Y loiC'!>CUuttt, 50 vt.lH.ri:l~ ti .... 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IH . ."Jr /.f -~ --~ -oo~&rw~ i:flf.O.~(I ~~ "S<:."'-~- t;UfNT: S~ORA ANO KEL'<IN F~\\'Cffi ?1'1.: l'i"..J!Jo: ), .. !:1~-"••.u••ll"'; ~.<::Ojt, Joll"::f :-::-.»:.('lt;i !"0:0 > • .-;-. ('WU'-'"!P'.f: \;"'-/. ()( <'<Hi CT'<f .. l l-..._'1 1'<0 1<!"1:_...~~/~<" :o,. '";.W,l,o!:!:: ~ ._,.y ~~·~· P""".lt:!l-~~-. YJ?.!it:tJ.J;;~: ;::M-;:~f-1i 69 70 City Development Department ATIACHMENT# C2_ TO REPORT# /-S &1 OY:-( ~ / .of. f CLAREMONT Location Map FILE No: Tracy Street APPLICANT: City of Pickering PROPERTY DESCRIPTION: Tracy Street, Plan 94 :::e:: u 0 0::: m DATE: Aug 14, 2014 SCALE 1 :5,000 PN;6 By-laws 7380/14 7381/14 7382/14 7383/14 7384/14 September 15, 2014 Being a by-law to exempt Block 1, Plan 40M-2519, Pickering, from the part lot control provisions of the Planning Act. (By- law attached) Being a by-law to establish those parts of Lot 63, Registrar's. Compiled Plan 1041, designated as Parts 4, 5, 6 and 7, Plan 40R-28441, as public highways. (By-law attached) Being a by-law to amend Restricted Area Zoning By-law 3037, as amended by By-laws 2623/87, 3450/90 and 6696/06, to implement the Official Plan of the City of Pickering, Region of Durham, being North Part of Lot 2, Concession 5, save and except Part 2, Plan 40R-25676 in the City of Pickering. (A 4/14) [Refer to Planning & Development Committee pages 29-33] Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, at 1283 Wharf Street, Lot 20, Plan _M89, City of Pickering (A 5/14) (By-law attached) 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, Part of Lot 18, Concession 2, City of Pickering (A 17/11 & SP-2011-04) (By-law attached) 71 To: Debbie Shields City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, City Development Director, Corporate Services & City Solicitor Subject: Request for Part Lot Control By-law Owner:. 2307038 Ontario Inc. Block 1, 40M-2519 File: PLCAOM-2519.1 m August 8, 2014 The above-mentioned block is being developed in accordance with the appropriate Agreements, Zoning By-law and common elements condominium plan in such a manner to allow the construction of 31 dwelling units. Attached is a jocation map and a draft by-law, enactment of which will exempt this block from the part lot control provisions of the Planning Act thus allowing 31 units to be created on parcels of tied lands ('potls') and the transfer of those potts into separate ownership. The draft by-law is attached for the consideration of City Council at its meeting scheduled for September 15, 2014. DB:bg Attachments Location Map Draft By-law 72 73 W PL. t- City Development Department Location Map FILE No: Part Lot Control APPLICANT: 2307038 Ontario Inc. PROPERTY DESCRIPTION: Block 1, 40M-2519 etc Sources: ~-Teronel Enterprises Inc.. ond its -suppliers. AU rights R~erved. Not a plan of :S1,1rvey. 16 2013 MPAC and Its suppliers. All rights Reserved. Not c pion of Survey, DATE: July 16, 2014 SCALE I :5,000 PN-7 The Corporation of the City of Pickering By-law No. Being a by-law to exempt Block 1, Plan 40M-2519, Pickering, from the part Iot control provisions of the Planning Act. Whereas 2307038 Ontario Inc., the owner of Block 1, Plan 40M-2519, intends to obtain approval of, and regist~r, a common elements condominium plan; and Whereas the proposed common elements condominium plan is to consist of 31 residential units; and · Whereas it is intended that the owner or owners of each of the 31 dwelling units will own the parcel of tied land on which his, her or their dwelling is located, in fee simple and will also be a member of members of the common elements condominium corporation; and Whereas it is intended that the parcels of tied lands on which the 31 dwellings are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S. 0. 1990, chapter P .13. Now therefore the CoUncil of The Corporation of the City of Pickering hereby enacts as foilows: · 1. Section 50(5) of the Planning ACt, R.S.O. 1990, chapter P.13, shall cease to apply to Block 1, Plan 40M-2519, upon: (a) registration of this By-law in the Land Registry Office for the Land Titles Division of Durham (No. 40); and (b) registration of a restriction, pursuant to Section 118 of the Land T11les Act, R.S.O. l990, chapter L.5, requiring the consent of the Solicitor for The Corporation offhe City of Pickering, or his designate, to the registration of any transfer or charge of Block 1, Plan 40M-2519 or any part or parts thereof, in the Land Registry Office for the Land Titles Division of Durham (No. 40). 2. This By-law shall remain in force and effeot for a period of two {2) years from the date of the passing of this By-law and shall expire on December 31, 2016. By-law passed this 15th day of September, 2014. David Ryan, Mayor Debh1e Shields, City Clerk 74 75 To: Debbie Shields City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, City Development Director, Corporate Services & City Solicitor Division Head, Water Resources & Development Services Chief Planner Subject: Request for Road Establishing By-law Owner: Margaret Sosney LD 026/14 and LD 027/14 Part Lot 63, RCP 1041, being Parts 4, 5, 6 and 7, 40R-28441 Strouds Lane I Spruce Hill Road File: Roadded.554 Mem August 12, 2014 The Owner has applied to the Land Division Committee to sever Lot 63, Registrar's Compiled Plan 1041 into three parcels with two of the newly created lots fronting Strouds Lane. Conditions of severance include conveyance, from the Owner to the City, of: (a) a 5.79 metre wide parcel of land for road widening purposes across the frontage of Strouds Lane (Parts 5, 6 and 7, Plan 40R-28441); and (b) a sight triangle at the intersection of Spruce Hill Road and Strouds Lane (Part 4, Plan 40R-28441 ). . As the Owner has made satisfactory arrangements with the City for the conveyance of Parts 4, 5, 6 and 7, Plan 40R-28441, it is now appropriate to pass a by-law establishing Parts 4 to 7 as public highways·. Attached is a location map and a draft by-law (establishing Parts 4 to 7, Plan 40R-28441 as public highways) for the consideratiof} of City Council at its meeting scheduled for September 15, 2014. DB:bg Attachments Location Map Draft By-law DETAIL INSET I SCALE NT.S " I \ 0 I 4: 0 0 <r: \ 0 cr: 0::: _j f--1--\ _j f-- I '===~:----~====;J o 1----t--! 1 0r---+--l 1-4: iS 5 0 ::::; t===t--\-----~ cr: Vi GLENAN ~II PARTS 4-7 -' w r--' () 40R-28441 I-1----:r: I ::J ( cr: 0.. (f) w J (.) ::> 0::: STROUDS LANE o_ (/) f--- ( I T I WOODRUFF Location Map FILE No: ROADDED. 554 APPLICANT: City of Pickering PROPERTY DESCRIPTION: Pt. L! 63, RCP 1041, being Parts 4-7, 40R-28441 City Development I DAlE: Aug. 11, 2014 I SCALE 1 :5,000 PN-1 76 77 The Corporation of the City of Picketing By-law No. Being a by-law to establish those parts of Lot 63, · Registrar's Compifed Plan 1041, designated as Parts 4, 5, 6 and 7, Plan 40R-28441, as ·pubUc highways. Whereas The Corporation of the City of Pickering i:s the owner of those parts of Lot 63, Registrar's Compiled Plan 1041, designated as Parts 4, 5, 6 and 7, Plan 40R28441, arid w{shes to establish them as pub~ic highways. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That part of Lot 63, Registrar's Compiled Plan 1041, designated as Part 4, Plan 40H-28441 is hereby established as public highway {Spruce HHI Road). 2. Those parts of Lot 63, Registrar's Compiled Plan 1041, designated as Parts 5, 6, and 7, Plan 40R-28441 ate hereby established as public highway (Strouds Lane). By-law passed this 15th day of September, 2014. David Ryan, Mayor Debbie Shields, City Clerk To: Debbie Shields City Clerk From: Lalita Paray Planner 11 Copy: Chief Planner September 10, 2014 Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 5/14 Marshall Homes (Copperfield) Ltd. 1283 Wharf Street Lot 20, Plan M-89 Amending By-law #7383/14 Statutory Public Meeting Date July 7, 2014 Planning & Development Committee Date September 2, 2014 ' Purpose and Effect of By-law To permit the development of 4 townhouse units Council Meeting Date · September 15, 2014 Note At the September 2, 2014 Planning & Development Committee meeting area residents requested additional clarification on the overall height of the proposed townhouse units to ensure views to Frenchman's Bay are unobstruct~d. The following specific provisions have been included in the amending zoning by-:law to address concerns identified by area residents: Building Height Definition • the vertical distance between the established grade, at the front of the· house, and the highest point of the roof surface (finished upper floor) 78 LP:Id J:\Documents\DeveJopment\0·3300\2014\..l\ 05-14\Drafl By·law\14 ·Draft By·law Chart Memo to Clerks.doc Attachments By-law Text By-:law Schedule pdf September 10, 2014 7 9 Marshall Homes (Copperfield) Ltd. Building Height • maximum Building Height of 9.5 metres Parapet • permitted to project a maximum of 1.8 metres above the highest point of the roof surface (finished upper floor) Outdoor Private Amenity Area (roof top terrace) • all accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the roof top terrace • privacy fences located on the roof top terrace shall have a maximum height of 1.8 metres above the highest point of the roof surface (finished upper floor) • outdoor private amenity area located on the roof top terrace shall not be enclosed Elevator and Stairwell Enclosures • elevator and stairwell enclosures may project a maximum of 2.5 metres above the highest point of the roof surface (finished upper floor) Page 2 of 2 ·'. ·,,- Th~ Corporation ofthe City ofP[ckering . By-law No. 7383/14 · . . . ··Being a By-'lawlo amend Restricted Area (Zoning) •··· · By-law2511, as amended, to implementthe0fficia!Pl(3.n of the·CityofPickering, Region of Durham; at1~83 Wharf· · ·· Str~et, Lot 20, Plan M89,·City qf Pickering {A 5/14) . •• ,.. i ·• ·Where?s the.CotJncil ofThe Corporati~n of tile City of pickering received an applicatioh ·. to rezonE:;: the subject lands being· Lot 20, Plan M8.9, in the City of pickering to permitthe developme'nt'of 4 townhouse units; .. '' . . . .. . . . . - And.whereas an ·amer\dment to Zoning By~law2S11, as amended, is deemed ... · neces?aryto permit such uses; · · · ··.· ·-·· Now therefbre the CouncilofThe Corporation of the City 6f Pickering hereby enacts as •. · · fo(lows: · · ·· · · · · · · ·· · ·· 1. Schedule I Schedule I ~ttached heretowith hbtations and· references shown thereonare .. . hereby declared to be part of this By_;law. 2. Area Restricted The p'mvisions of this By21aw shall apply t~ those lands in Lot 20, Plan M89, in the City ofPickering·, designated "SA-22" and ·"(H) SA~22"-onS-chedule I attachE;d hereto. 3. General Provisions . ---. ' '. ' ' ~. No building, structure, land or part there9f shall hereafter be used, occupied, erected, moved or structurally altered ~xcept in conformity ·with th~ provisions of this By-law. · · · 4. Definitions In this By-law, ' ' (1) .. ·(a) '~Bay, Bow, Box Window" shall mean a window ·that protrudes from Jhe main wall, usually bowed, canted, polygonal, segmental,, .. semicircular or square sided with window on front face in plah; one or more storeys in heig.ht; which may or. may not .inClude a .. foundation, and may or may not include a window seat; and may include a door;· · · (2) (a) ·"Dwelling" shall mean a building or part of a building contaihing:one or more dwelling units, but does not include.a mobile home or trailer; · · ·· 80 81 By-law No. 7383/14 _ Page2 (3) (4) (5) (6) (7) (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Detached" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (d) "Dwelling, Single Attached or Single Attached Dwelling" shall mean one of a group of not less than 3 adjacent dwelling units attached together horizontally by one above ground common wall; (a) "Floor 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; (a) "Height, Building" shall mean the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge; (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 a·ccessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the combined areas of all the buildings on the lot measured at the level of the first floor and expressed as a percentage of the lot area; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (a) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (a) "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; By-law No. 7383/14 Page 3 (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; (f) "Side Yard" shall rnean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the · nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Fiankage Side Yard Width" shall mean theshortest 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 ?f the nearest main building or structure on the lot; U) "Interior Side Yard" shall mean a side yard other than a flankage side yard; (k) "Wall, Front" shall mean the wall of the dwelling closest to the front lot line: 5. Provisions ("SA-22n Zone) (1) Uses Permitted ("SA-22" Zone) No person shall within the lands zoned "SA-22" 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 82 83 By-law No. 7383/14 Page 4 (2) Zone Requirements ("SA-22" Zone) No person shall within the lands zoned "S2-22" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the provisions as set out in the following table: "SA-22" Zone (a) Lot Frontage 7.0 metres (minimum) (b) Lot Area 190 square metres (minimum) (c) Front Yard Depth 4.0 metres (minimum) (d) Rep,r Yard Depth 7.5 metres (minimum) (e) Side Yard Width 1.5 metres except where dwellings on (minimum) abutting lots share a common wall, no interior side yard (h) Building Height 9.5 metres (maximum) Internal Garage Width (i) Lots with minimum Lot Frontage of (i) 10.0 metres and less-3.7 metres (minimum) (ii) Lots with minimum Lot Frontage of 11.0 metres-5.5 metres (3) Special Provisions ("SA-22" Zone) The following special provisions shall apply to lands zoned "SA-22" on Schedule 1: (a) Building Height: (i) notwithstanding Section 4.(4)(a), "Building Height" shall mean the vertical distance between the established grade, at the front of the house, and the highest point of the roof surface (finished upper floor); (ii) notwithstanding provision 5.(2)(h), a parapet wall may project a maximum of 1.8 metres above the highest point of the roof surface (finished upper floor); By-law No. 7383/14 Page 5 (b) Outdoor Private Amenity Area: (i) a minimum of 25.0 square metres of outdoor private amenity area shall be provided and located on the roof top terrace; (ii) accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the roof top terrace; (iii) . a privacy fence located on the roof top terrace shall have a maximum height of 1.8 metres from the highest point on the roof surface (finished upper floor); (iv) the outdoor private amenity area located on the roof top terrace shall not be enclosed; . (c) Elevator and Stairwell Enclosures: notwithstanding provision 5.(2)(h), elevator and stairwell enclosures tnay project a maximum of 2.5 metres above the highest point of the roof surface (finished upper floor); (d) Garage Requirements: minimum one private garage per lot attached to the main building, 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 streetor abutting a reserve on the opposite side of which is a street; (e) Garage Projection (maximum): 2.0 metres beyond the wall containing the main entrance to the dwelling unit, except where a covered and unenclosed porch extends a minimum of 1.8 metres from the wall containing the main entrance to. the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit; (f) Obstruction of Yards (maximum): (i) covered and unenclosed porches, veranda or balcony, with or·· without foundations, may encroach a maximum of 3.0 metres into the required minimum .front yard and stairs may encroach an additional 1.0 metre into the required front yard; (ii) uncovered decks, platforms and steps may encroach a maximum of 3:0 metres into the required rear yard; 84 85 By-Iaw No. 7383/14 (iii) bay, ~ow or box window may encroach a maximum into required yards as follows: A front yard 0.6 metres B flankage yard 0.6 metres C rear yard 0.6 metres Page 6 D eaves above these features may project to a further 0.6 metres into any required yards (g) Parking Requirements: For each dwelling unit there shall be provided and maintained a minimum of 2 parking spaces, one of which must be provided within an attached private garage. 6. Provisions ("(H) SA-22"Zone) (1) Uses Permitted ("(H) SA-22" Zone) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purposes other than the following: (a) Detached Dwelling existing as of the date of the passing of this By-law; (2) Zone Requirements ("(H) SA-22" Zone) The "(H)" Holding Symbol shall not be removed from the"(H) SA-22" Zone until the completion of the following: (a) the Owner has entered into a Development Agreement with and to the satisfaction of the City; and (b) the Owner has submitted a revised Phase I Environmental Site Assessment Report to the satisfaction of the Region of Durham. 7. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area setout in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. By-law No. 7383/14 Page? ·. 8. Effective Date This By-law shall come into'for~e in accordance with the provisions of the Planning Act .. · · · By-law passed this 15th day of September, 2014. David Ryan, Mayor Debbie Shields, City Clerk 86 87 '.t i \ \ FRENCH!MJ/s BAY I ;l' ~ 1~. :~------~----;-~~--~ f PLAN M89 LOT 13 ' PLAN M89 LOT 11 ' PLAN LOT WHARF N ~ (H)SA-22 ~ 3 3 RANGE 3, PT LOT 23, PLAN M89 LOT 21 ,22,23,24,25 SCHEDULE I TO BY-LAW 7383/14 PASSED THIS __ 1 5-..:t_h ___ _ DAY OF September 2014 MAYOR CLERK ' MS~ PLAN M89! 10: LOT 9 i PLAN M89 LOT 8 STREET To: Debbie Shields City Clerk September 10, 2014 From: Deborah Wylie Principal Planner-Policy Copy: Chief Planner Manager, Development Review & Urban Design Subject: Amending By-law to Rezone Lands Zoning By-law Amendment Application A 17/11 Kindwin (Brock) Development Corporation 2077 & 2095 Brock Road Part of Lot 18, Concession 2 City of Pickering Amending By-law# 7384/14 Statutory Public Meeting Date March 5, 2012 Planning & Development May 6, 2013 Committee Date Purpose and Effect of By-law ·To amend Zoning By-law 3036, as amended, to replace the existing "A"-Rural Agricultural zoning of the subject lands with "S4-11"-Single Dwelling, "SA-14"-Single Attached, "SA-15"-Single Attached, "OS-HL"-Open Space Hazard Lands; "NP"-Neighbourhood Park and "UR" Urban Reserve zones to permit a residential plan of subdivision for a total of 157 dwellings units consisting of singl~ detached, street townhouses, lane townhouses, a park, a stormwater management facility, open space lands and future development blocks. Council Meeting Date September 15, 2014 DW:jf J:\Documents\Development\D-3200 Draft Plans of Subdivision {SP Applications)\2011\SP-2011-04, A 17-11 Kindwin {Brock) Development Corporation 2095 Brock Rd\Zoning Bylaw\Memo to Clerks.doc Attachments By-law text By-law schedule 88 . •. J The Corporation of the City of Pickering . ··. . By-Iayv No. 7384/14 -Being a By-law to amend Restricted Area (Zoning) By-:law .303§, gS amended, to implement the-Officia!Pian ofthe City of _• Pickering, Region of-burh;:un, Pa:rtofLot 18, 'Concession2; .- City of Pickering (A17/1l & SP-2011~04) ·- -· --• Whereas theCouriciLofTheGoq)orati~n of the--City of Picke'ring received an application·- fo rezone the sdbjectlandsbelng Part of Lot 1·8, Concession2, in the City of Pickering . - to,"permit residential; parkland' open spaceandston:n\Nater management u'ses; . . . . . • -• ' • • -·--.. • • -• • • ' c ·, ·~. • ' ' . . . Nowth~r'Ejfore_the Council of The cixpor~tion olthe Qity ofPi~kering her~bye~~cts as_.-_ -follows: _ . -·· · -_ . · · · -· ----· · -. 89 1. · ----_-· Scheclule I , Schedule l attached her~to Vv_i~h Jlotations and references shown thereon is .-_._ hereby dedaredto be part of this By-law. _ -. . . . . . . .. . . . . . . . .. ' ' . ~ ·-2, · Area Restricted The-p'rovisfonsofthis By-law shall only. (3pplytothos$Jands being Part'ofLot _18, .- -_'concession 2;'CityotPickering, designated ''S4-11'',"SA-14~', "SA-15", "NP", -"os~HL" ·and"WR"on Schedule-rattachecihereto. · -_ · - 3. General_•Pro~ision~ - NoJ)uiJding, structure, IarHJ m part thereofshall hereafter~€ used, occupied, · ·erected, movedorstrLicturf31lY qlfered exceptin conformity With the provisions of -~-~~-~--. . . .-... · A · -[)~finitions -__ In_ th'is-By-:la:w, . . (1) (2) ' l . ' "Bay, Bow, Boxvvindow" sfiallmeahawindow.that protrudesfrbm the ·_main vi/all, ·usually bowed; canted, polygonal, segmental, semicircular or square sided with windqw on front face i,n-plan; one or more-storeys in _heigh( which may or may n'ot include afqundatibn, and may, or may not inciLJd~ a·windowseat, and may include' a door; . -_--. . . . . ''ComerRoLindlng" ~hall mean a lot Iineofa'•co;ner+ofat the intersection of two street lines in the· form of an arc, that joins the front :lot Jine to the · flankage ·lot line.; " · -· .:~· .. By-law.7384/14 . Page2 (3) (a) . "Dwelling" shall mean a building or part of a building containing one. or more dwelling units, butdoes not include a mobile home or trailer; · ·(b). :'Dw~lling UnWshall mean~ one or more habitable rooms occupied or capable of being .occupied as a,sirigle, independent and separate housekeeping unitcontaihing aseparate kitchen and sanitary·· facilities;.···· · · · · · ·· · (c)· ."Dw_ellir1g, Single or Single Detachedor Detached Dw531ling" shall ... niean·.'a dvJelling containingoned\1\(elling unit and uses accessory ·.thereto which isfreestan.ding from other main structures; (d) . "Dw~Hing, Sin~te Attached or Single Attached Dwelling'' shallinet:m. ·. one of a group ofnbtless than 3 .adjacent dwelling units. attached · together horizontally by an above'ground common wall; . . .. . ' . -. . ,. .. . -. . . . . -· . . -. . (4) ·. "Frorit.LotUne" sh~il mean the line that divides alot from the stre~for a .. 0.3 metre r~serve provided that,· in ttie:case of a cornerlot,the shorter lot .. Iine that .abuts a street s~all be "df;emed to he thefront lot line :and the · ... 'longer lot line thaJsqabuts shall be termed the ~'fl(3_nk"'ofthe lot; . iane" ~hallrnean athoroughfare not intended for geheraLtraffic circulation thatprovi(jes rheans ofvehicular accessto there~T of a Jot . where the lot also fronts orflanks.onto astr~et, or where a lot fronts onto . public dr private open space. The .l~rie may be maintained by a . ·.condominium corporation. as a private road cor~domihium or by .a goVerrymentaLauthority; · · · . . (6) .. (a) ''Lot"-shall mea nan a,. rep. :ofJand frontingon· a street which hused or intended to be used as the site of abuilding, or a group of buildings, ·· as the case rnay be, together with any accessory buildings or.. . '·.·' structwres, ora publicpark or open space area regardless of whether · or· not .such lotconstltutes the whole of a ;Iofor bl,ock on a r?gistered ··. (b) plan oLsubdivision; ·. · "~ot Frontage" shall mian the width of a lOt betWeen the side lot lines measured along a lin.e paraliel to and 7.5 metres distance from th~ frontlot line; · · · , · · · · · ·. · · ·• (c) "Lot Line" shall mean~ line·delineati~g any boundarY of a lot; .· . . ' . . . ' .. . . . (7) · :·Neighbourhood Park" shali mean· a municipal pa:rk; . (8) . 1'Pri~ate ·Garage'~ shall mean an enclosed orparti2llly enClosed structure for the storage of one or more vehicles, in which structure no business or sef0ce is conducted for profit or otherwise; · . · . -. . _, .· (9) "Storey" shall mean that portion of abuilding other th~n -a basement; cellar" or attic, included between the surface ()f any floor and the surfaci:; otthe. floor, roof deckorfidge nextabdveit; . 90 91 . By-law 7384/14 . -·Page 3 (1 0) "Street" shall mean apublic highway b~t does n()t incl~de a lane. Where a - 0.3 metre reser-Ve 'abuts a street, or where a daylighting triang.le abuts a _ street, for the purposes of determining a front lqt line, flankage lot line, flankage y~rd_ arid corner lot, the street shall be deemed toiocludethe · · - 0.3 metre reserve and/or the daylighting triangle; however, nothing herein shall be interpreted a~ grantihga'public right of access over the 0.3 metre -reserve" or as_ anassumptior:i of the 0'.3 metrereserve·as a public highway for. niaintenar:ice purpo$'es Under the Municipal Act;· .. _ · " ,· ~ . . . . . -... • . -(11) (a) "Yard" shall mea~ an ?rea ~f land which is .app.ur{eriantto arid •. located Ofl the $arne lot as abuildingorstructure and is open, .· .. ·uncovered arid unoccupied above groul")d except .forsuchaccessory buildings, structures,.·or other uses~ as are specifically permitted . · thereon; ·· · · ·· · · ' · -· · (b) "Front Yard" shall mean a yard extending acrossthe-fullwidth ofa lot betweerithe -front lot fine of thelot and the nearest waiLof the nearest . . ' . ' ·., . . . . .. main building or structure on the lot; · (c) "FrontYard Depth''shafl mean the _shortest horizor1taJdimension qf a front yard of a lot between the front lofline and the nearesfwallof the -. nearest marn buildingor structure cinthe lot; ·~. . ·-· ._ . · .. -. -· (d) "Rear Yard" shall mean a yard ~xtending across the full width o(a lot between the rear lot line oft he-lot, or where there js ho rear lot line, the junction point ofthe side lot lines, andthe nearest waHofth.e .. - nearest main building or structure on the lot; . ·· · · (e) "Rear Yard Depth" shall mec=m the shortest horizontal dimen~ionofa rear yard of a lot between the :rear lot'Iine, or where there is no rear lot line the junction point of the side lotlines, _and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lotextendin'g from the-front yard to the rear yard and from the side line to t_henearestwall ohhe nearest main building or structure on the lqt; · · · (g) "Side Yard Width" shall mean the shortest horizontal dimension ;fa . side yard of a lot between the side lot line and the ~earest wall of the nearest main building or structure on the lot; · (h) · f'Fiankage 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) "Fiankage 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 bu.ilding or structure on the lot; U) "Interior Side Yard" shall mean a side yard other than a flankage side yard. By-law 7384/14 Page4 .5. Provisions C'S4--11", «SA-14"-,and "SA-15" Zones) .· .· . . .· ', . . . .· ' . f1) Uses Permitted {"S4-J 1" Zone) No person-shall, within the lands designated ,;S4~11;' ~n Sch~dule I attached hereto, use any lot or erect, alter or usr:; ariy building or structure for any' .. · purpose except the following:·· ·.. . . ..· :'. ; ·(a) singledwelling ···-;-· ,' (2) Zone Requiremehts('1S4-11" Zone) .·· No person shall, within the lan'ds designated "S4-11" on'Schedule I attached ·· hereto,···use an,y lot or erect, alteror use any building or structure except in·· ·accordance wi~h the' following provisions: · · · · (a) LotFront~g~ (minimum): (b) Lot.Area (minim_um): (c) Lot Depth (niininium): (d) ·. Front Yard Depth (rninirnUm): (e) Interior, Side '{'ard .Width (minimum): · (f) Flanking Side Yard Width (minimum): (g) Rear Yard Depth (minim~m): ·.· (h) Building Height (maximum): · (i) Driveway Width (maximum): U) Lot Coverage for All Accessory Buildings (maximum): · · .. 9.0 metres' ~ . '. ' ' 22t).O square metres: 25.0:metres · 3.0 metres . ·1.2 metres dh one side and O:Brnetres on theother sid$ and provided there is a · minimum t:2 metres . . . separation. between dwellings . on adjacent Iots 2.4 metres 7.0·metres 12.0 metres 55 -percent of lot frontage 15 square metres (3) Uses Permitted ("SA-14" and "SA-15" Zones) (a) No person shall, within the lands designated "SA-14" 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 accessed from a street 92 93 By-law 7384/14 Page 5 · .(b) No. person shall, v\rithin'the lands zoned'"SA-15" on Schedule I attached . hereto,' use any lot or erect, alter or use any building or structure for any ' ·. purpose exceptthe following: .· (ii) sihgle attathed dwelling accessed from a lane. . ' . · .·. (4) Zone Requir~ments ("SA~14" and "SA-15;''Zones) .· No person shal(within the lands designated "~A~14" p.nd "SA~15j' on Schedule I attach,edhereto, use any lot' or, erect, alter or use. any building or . structure except in accordance with the provisions as -set outin the folJovving. -~~~ ' . ' SA-14 SA-15. ·--Zone Zone· (a) Lot Frontage (Minimum) 6.0 metres 5.0 metres (b) Lot Area (Minimum) 150 square metres 115 square metres (c) Lot Depth (Minimum) 24.0 metres 23.0 metres (d) Front Yard Depth 3.0 metres (minimum) (e) Interior Side 1.2metres, except where dwellings on abutting Yard Width lots share a common wall, no interior side yard (minimum) shall be required adjacent to that wall on either lot (f) Flanking Side Yard Width 2.4 metres (minimum) (g) Rear Yard Depth . 7.0 metres 6.0 metres (minimum) By-law 7384/14 Page6 SA=14 SA-15 Zone Zone (h) Building· Height 13.0 metres (maximum) (i) Driveway 50 percent of the lot Width 3. 0 metres (maximum) frontage U) Lot Coverage of All Accessory 15.0 square metres Buildings (maximum) (5) SpeCial Provisions ("S4~11", ~'SA-14': and ''SA-15" Zones) · .·· .. Th~ following special prdvisions ~hall ~pply to alllandsdesignated "S4~1.1 ", . "SA-14" arid "SA-15" . . . . . ''. . -.. . . .· . . · .. · (a). Setba'ck from . Clause 5.22. ofBy.-law 3036, ~s a~ended, shall.· Brock Road:· notapply to lands designatE;d "SA-15" on · · '(b) (c) (d) (e) .. Corner Rounding , Setback · (minimum): Parking :· Requirement · (minimuf\1): .. Garag~ ·.Requirements {minimum):~· . . . Garage Parking Size (minimum):· . Schedule! attached hereto; .·. · . . . ' Despite ~ny frorit yard depth'orJiankage side yard width requirement, on a corner lot, .the setback to · a corner rounding sha1Lbe'1.75 metres; ·· · ... ,," ' ... ; . ·' .· -. D~spite Section 21.2.of By-law3036,·as-. · · amended, two private parking spaces-per _ dwe)lingunitwhich can be provided either within · .• an attached garage or with.one parking space in . an attached garage and one parking space in a driveway immediately i·n fronfof the parking · · gar'age forthatdw~lling wnit; · . . . One private garage per lot, any vehicular en-trance of which shall be located not less than -· 6:.0 metres from the front lot line .or rear lot line for· lots accessed by a lane and nofless than · 6.0metres from any side lot line Immediately adjoining a street or abl!tting a reserVe on the opposite side of which· is a street; Each parking space within a private g-a~age shall have a minimum width of2.9 metres arid a · minimum depth of S.O metres provided, hO\N8Ver, thatthe width may incl1,1de one interior step and the depth may include two interior steps;. · · 94 95 By-law 7384114 Page 7. (f) '(g) Garage P'rojectiqn (maximum): 2~0 metres beyond the'wall containing the main entrance to the dwelling unit, except where a · . covered and unenclosed porch extendsa • minimum ofl.S rnetres frornthewall containing the main entrance to the dwelling unit, in which . . case no part of any attached private garage shall . · · ~xtendmore than 3.0 metres beyond the wall . contctining the main entrance to.thedwelling unit; • Yard'Encroachments . In addition tothe p'rovisionsof Section 5.7 dfBy~law3036, as amended, and despite Section S.(S)(b) of this By-law, the followit)g . shall also apply: · · · · · · · ·. (i) ·a covered or unenclosed porch; ver~n.da or qalcony, withcir . . ·without afoundatioh, may have the following minimum setbacks: A to :front Jot line: •.. ·. . . . -. 1.0 metres · . B to flankage,lot.line: C to interior side lot line: · .. 0 to tear lot line: . . E to a corner rounding: F • eaves above these ,· ·'features rn~y project -· 1,0 metres 0.6metres -5. 0 rnetres . -1.o·metres · . . ' ' . -a further 0.6 metres into any required yard or. corner rounding s.etback · · · ' (ii) 'uncover~d steps: minimum· -0.4 metres . setback to a front lot line: ' .. . (iii)· uncovered decks of ahy height a~e permitted in the rear yard pmvided minimum setbacks are provided as follows: ·. · · A to interior sidelot line:·· B · toflankage lot line: · C · · to re~r lot line: ··. 0 . steps f~om a de.ck: -.· 0.6 metres -t.Ometres -. 3:0 metres _ may encroach an additional 1 .. 2 metres onto the rear yard : :; ~ ·. By-law 7384/14 Pa,ge 8 . . (iv) bay, bow or box windows may encroach a maximum into required. yards as follows: · · · · · . . ··A' ·front yard: 0.6 metres . B Jla:nkage yard: · -0.6 metres C · rearyard: 1.0 riletres ·.o. _eaves above .. · . 7 may project to afurth~J 0 .. 6 metres into any:. these features: . required yardorcomer rowncjihg setback . . .. 6.. Provision~ {'UR" Zone) . . . . (i) Use~ Per~itt~d(''UR") .·. No per.son.shall within the lands .ct'e~ignated "UR" on: Schedule I attached hereto USE? any lot Or erec(alter· Of Usea'ny bu'ilding or structure for anypLirpose except for outdoor r.ecreaticih uses without buildings or structure~.. . . . . . . . . ' .. · ': . " ,. . . . 7. . Provisions ("OS-HL" Zone)· . ' . ::· · .. ·. _· -: .. ' . _-:· .... -· .. (1) Uses Permitted' ("OS-HL") . . . ~o person shall within thelands designated "OS-HL" on Sch~dule I attached . ·hereto. use any. lot or erect, alter or use any building or structure except the following:· · · · -. .. . . : ' . (a) re.source nianagefl)ent, including a storniwat~r management faCility; ·.(b) pedestria,n and bicycle trails; (2) Zone Requirement~ COS-HL" Zone) No .buildings or strl1ctures shall be permitted tq be erected except where buildings .or structures are used onlyJor purposes of resource management, · · including a. stormwater management facility; pedestria,nandior bicycle trails. 8. 'Provisions·(''NP" Zone") (1) Uses Perniitted.("NP") · No person shall within the lands designated "NP" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose exceptthe' following_: (a) .. neighbourhood park 96 . ·- 97 By:_law 7384/14 Page 9 9. Model Homes (1) Notwithstanding any provisiohs in By-law 3036 to Jhe contrary, a mq.ximum of 8 Model Homes, together with no fewer than two parking spaces per Model · Home, may be constructed on the lands set out in Schedule !attached to this · By-law prior to the division for,these lands by registration of aplan. of subdivision; · · · .. · (2) For the purposes of this By.claw, "Model Home"' shall mean adwelling unit .· .·. which is not used for' residential purpose$, but which is used 'exclusively for ' sales, display ahd marketing purposes pUrsuant to an agreement with the .·City of Pickering. . . . . -. . c10.'. 8y-laVir3036 : :t .... By-law:3036, as amendea, isher,epyfurther amended only tO the extent necessary to g:ive effE;ctto the provisions of this: By-law as it appearsto the area set out in SchedUle I attached hereto. Definitions and subject matter npt . specifically dealt with fnthis By-law sh~ll be gc)verned by relevant provisions-of . · By:_ law 3036, :q.s amended. ·· ··. · ·· . ' . . 11: Effective Date This By-law shall, come into force in accordance with the provisions of the- Pfiuyiing ACt. · · · ·· · · · . . · . . .. ·. By-law passed this 15th day ofSeptember, 2014 . . '. ·. . . David Ryan, Mayor Debbie Shields, City Clerk j~ J o U"l w 0:: 0 >- . ' ~ ' -·~ :::;;; r-z w 0 U"l w 0:: 0 z w w --' ;;: .0:: 0 ..: 0 0:: 0>< 0 0 0:: m -~--7-~--~~~-----~--------~~i I -. ' ·. . .. · . . J . '" . . : . . ,.; . . . . . --··-:-·--r:-· -'-.--:--~. -'"--:.-c.,-~ .::..:.. ~ -:::--::-----..c:_ ---' -~-~ I . . I . . . ___ _J .\ ! \ UR STREET A S4-11 OS-HL STREET B SA-14 ~ STREET E .q ;; l() ~ ..: .,- I .,-w <( <( I I z r-0 ~ <( :5< SA-i4 ·(J) "' (J) • w ~ ~ ..- w ..-f--w·:. Ul w I I r-""" ...-- U"l I (f) '"";"""} STREET D """ ; (f) "I NP I -----I UR STREET .B S4~11 I I I~ I "' 1<8 I I~ I I I :>< I I I I ,., I f / _jJ' / / / / 1' $CHEDULE I TO BY-LAW 7384/14 PASSED THIS .. 15th DAY OF Se2tem ber .. 2014 MAYOR CLERK 98 Minutes/Meeting Summary Sustainable Pickering Advisory Committee Wednesday, July 9, 2014 11:30 am Main Committee Room Attendees: Doug Dickerson, Chair, City Councillor, Ward 2 Peter Rodrigues, Regional Councillor, Ward 3 Tom Melymuk, Director, City Development Grant McGregor, Manager, Sustainability & Economic Development Gilbert Boehm, Supervisor, Energy Management Chantal Whitaker, Coordinator, Sustainability Sanwal Gilani, Coop Student Jean Finn, Clerk, Support Services (Recording Secretary) Absent: David Pickles, Vice-Chair, City Councillor, Ward 3 Michelle Pearce, Coordinator, Environmental Awareness Programs. Jessica Macina, Administrative Assistant I Councillor Dickerson called the meeting to order at 11:35 am. Councillor Dickerson welcomed Sanwal Gilani, Sustainability Coop Student from Dunbarton High School. C. Whitaker distributed two draft concept drawings to Committee members for the Celebrating Sustainable Neighbourhoods program infrastructure project at Ernie L. Stroud Park. Components of the project were chosen based on the results of the resident survey that Dunbarton students conducted, interests of the Dunbarton High School Environmental Council and City staff comments with regard to feasibility. Page 1 of4 There are four main project components. 1. Drought tolerant educational garden. C. Whitaker distributed a handout that listed and showed a picture of the perennial species being considered for planting. C. Whitaker explained that these may change slightly based on feedback from A. Mostert. The garden will be planted in a landscaped, tailored manner. A foot path will encourage people to walk through the garde.n and signage will identify the species so that people can consider incorporating them in their own garden. The site will need to be prepped for this type of garden. The long term maintenance of the site needs to be finalized. The students will be able to assist during the school year. M. Pearce is going to contact the Adopt a Park partner and Environmental Stewardship Pickering about assisting with maintenance during the summer. Councillor Dickerson commented that each plaque within the site should recognize Dunbarton High School Environmental Council and that only the common name of the species be used. He also commented that black matting be used below the mulch to reduce weeds. He commented that the existing junipers could be removed to tidy up the space. Councillor Rodrigues added that the plaque should also identify the year. He asked that the blooming period be considered so that there is always something in bloom and that adequate mulch be used. 2. Additional seating space will be added. There are currently only two benches in the whole park and they are in the sun right beside the playground structure. Dunbarton High School's September woodworking class will construct at least two benches. A third bench will be carved out of a fallen ash tree. The ash tree bench will serve as seating, educational (about invasive species) and visual interest. Councillor Dickerson asked staff to look into using a concrete strip instead of a full pad to secure the benches. 3. Riparian planting. Additional planting will be done in the wet area of the stormwater management pond to improve habitat function for the species using the site including pollinators. Mowing will be slightly reduced on the flat area of the stormwater management pond. 4. Tree planting. The ash trees along the south fence by Kingston Road will be taken down this summer. These will be replaced by four different tree species. C. Whitaker commented that the number of trees planted may be altered based on budget. C. Whitaker to look at the signage used at the Bicentennial Garden at Finch and Rosebank as wel.l at the drought tolerant garden in Progress Frenchman's Bay East Park. Page 2 of 4 Councillor Rodrigues asked about tree size. C. Whitaker responded that final determination hasn't been made but that she'll be able to provide that information once· the draft budget for each project component is finalized. Discussion ensued about ensuring the main focus of recognition is on Dunbarton High School. A celebration event will take place in the fall of 2014 at the site once the projects ·have been completed. Contributors will be invited. Councillor Dickerson asked about having a sign that lists the contributors. T. Melymuk commented that the other Celebrating Sustainable Neighbourhood groups should be advised about the enhancement project and invited to the event. He continued that plaques should also reference that this project was done as part of the Celebrating Sustainable Neighbourhoods program. Sanwal Gilani, Sustainability Coop student is preparing a letter to be jointly issued from Dunbarton High School and the City to the residents surrounding the park to inform about the project. Councillor Dickerson asked Sanwal to think if there were any specific students or teachers that should be recognized as part of this project. Councillor Dickerson thanked the staff and school for their work on this project. The Sustainable Pickering Advisory Committee provided approval for C. Whitaker to continue working with Dunbarton High School, City and TRCA staff on the community enhancement project as described above. C. Whitaker updated the Committee about the 2014 Celebrating Sustainable Neighbourhoods program. To date 10 groups, made up of close to 1 000 participants have signed up. The number is expected to grow since the Ajax Pickering Board of Trade EcoBusiness Advisory Committee recently confirmed their desire to sign up. C. Whitaker asked if there were opportunities to promote the program though SPAC member newsletters or website. C. Whitaker provided an update about the activities each of the groups have done to date. As a next step, C. Whitaker to finalize aspects of the project and provide a draft budget to SPAC. C. Whitaker to work with Councillor Dickerson for a submission in the Retail Pages. Page 3 of 4 Discussion arose about the extent of littering that takes place after some sporting events by the players, parents or guests. Councillor Rodrigues initiated discussion regarding energy audits and associated energy projects. G. Boehm commented that discussions began yesterday (July gth) with Finance, Operations and C&R staff on the implementation of the Corporate Energy Management Plan's Technical Actions. This prompted discussion with Councillor Dickerson regarding LED street lighting in south Pickering. T. Melymuk offered to raise the matter at a future Director's meeting. Meeting Adjourned: 1:40pm Next meeting: August 13, 2014 Copy: City Clerk C. Whitaker to follow up with M. Pearce about including a monetary clause within sport field use contracts so users leave the field as clean as it was as when they got there. T. Melymuk to bring LED street lighting discussion to a future Director's meeting Page 4 .of 4 Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Shirley Van Steen -Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room That the agenda for the Wednesday, July 2, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton Carried Unanimously That the minutes of the 8th meeting of the Committee of Adjustment held Wednesday, June 11, 2014 be adopted. Carried Unanimously Page 1 of 5 (Ill) Reports 1. PICA 65114 M. Petersen 4865 Brock Road Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3037, as amended by By-law 4209193, to permit a 42.0 square metre accessory building in the front yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application in order to obtain a building permit to construct an accessory building within the front yard. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Shane Gregory, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question Shane Gregory stated that the proposed accessory building will be used for general storage and the open covered area will provide additional amenity space. Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 65114 by M. Petersen, be Approved on the grounds that the 42.0 square metre accessory building in the front yard is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variance applies only to the proposed accessory building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the construction by July 4, 2016, or this decision shall become null and void. Carried Unanimously Page 2 of 5 2. PICA 66/14 Leading Auto Repair Inc. 5305 Brock Road Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room The applicant requests relief from the following zone provisions of Zoning By-law 3037, as amended by By-law 6640/06: • to permit the enlargement of a lawful non-conforming building by 46.0 square metres containing a vehicle repair and auto body establishment and a metal fabricating establishment, and • to permit a minimum exterior side yard width of 2.3 metres to the proposed one-storey addition, whereas the by-law requires a minimum exterior side yard width of 6.0 metres The applicant requests approval of these variances in order to obtain a building permit to recognize a one-storey addition to the existing building currently used as a vehicle repair shop and auto body shop, and a metal fabricating establishment. Secretary-Treasurer outlined staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Grant Morris, agent, was present to represent the application. I an Gillespie of 5329 Brock Road was present in objection to the application. Sandra and Jenna Fawcett of 5321 Brock Road were present seeking additional information and clarification related to the application. Grant Morris provided background information related to the minor variance application. He stated that the present use of the property was in existence prior to the passing of the current zoning by-law. He stated that the owner began construction on an addition to the existing building prior to obtaining a building permit. He stated that the City informed the owner that the enlargement of the lawful non-conforming use required a minor variance. Grant Morris stated that the variances are minor and meet all four tests of the Planning Act. I an Gillespie expressed a concern with the minor variance application and stated that the variance to reduce the side yard width to 2.3 metres was not minor. He also stated that the property has a lot of scrap cars being stored outside. Page 3 of 5 Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room In response to questions from Committee M~mbers, the Secretary-Treasurer explained the zoning by-law and indicated there are no parking restrictions on the property or restrictions on the number or condition of vehicles that can be stored on the property. Sandra Fawcett explained the history of the property to the north. She was not opposed to the 2.3 metre side yard width beside her property, as the current building is located closer than the requested setback. She stated that she has built an 8 foot fence to obstruct the view of the vehicle repair and auto body establishment and smells from the paint spraying. She also indicated that she is in the process of cleaning up her property to improve the community. In response to a question from a Committee Member, Grant Morris stated the new addition will be used to prepare cars before going into the spray booth. He also stated the spray booth is in compliance with Ministry standards. Moved by Shirley Van Steen Seconded by Eric Newton That application PICA 66/14 by Leading Auto Repair Inc., be Approved on the grounds that the 46.0 square metre enlargement to a lawful non-conforming building and a minimum exterior side yard width of 2.3 metres to the proposed one-storey addition are minor in nature that are desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed one-storey addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by July 3, 2015, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Bill Utton Shirley Van Steen opposed in favour in favour in favour in favour Carried Page 4 of 5 Committee of Adjustment Meeting Minutes Wednesday, July 2, 2014 7:00pm Main Committee Room (IV) Adjournment Date Chair Moved by Bill Utton Seconded by Eric Newton That the gth meeting of the 2014 Committee of Adjustment be adjourned at 7:27 pm and the next meeting of the Committee of Adjustment be held on Wednesday, July 23, 2014. Carried Unanimously Assistant Secretary-Treasurer Page 5 of 5 Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Shirley Van Steen·-Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, July 23, 2014 7:00pm Main Committee Room That the agenda for the Wednesday, July 23, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Tom Copeland Seconded by Shirley Van Steen Carried Unanimously That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, July 2, 2014 be adopted. Carried Unanimously Page 1 of 5 (Ill) Reports 1. P/CA67/14 J. Harbinson 1 002 Albacore Manor Committee of Adjustment Meeting Minutes Wednesday, July 23, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2511, as amended by By-law 1299/81, to recognize an existing uncovered platform to project a maximum of 2.0 metres into the required rear yard; whereas the by-law does not permit an uncovered platform to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit for an uncovered platform (deck) currently under construction. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Janis Harbinson, owner, was present to represent the application. Stephanie Newitt was present seeking information related to the application. Stephanie Newitt indicated she has spoken with the home owner requesting that the privacy fence on the east side of the deck be lowered so it does not block her view of the bay. · In response to a question from a Committee Member, Janis Harbinson indicated she would speak to the contractor about lowering the privacy fence on the east side. Moved by Shirley Van Steen Seconded by Bill Utton That application PICA 67/14 by J. Harbinson, be Approved on the grounds that the uncovered platform projecting a maximum of 2.0 metres into the required rear yard is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variance applies only to the uncovered platform, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the construction by July 23, 2016, or this decision shall become null and void. Carried Unanimously Page 2 of 5 2. PICA 68114 to PICA 71114 Nuteck Homes Ltd. 1825 1827 Appleview Road Committee of Adjustment Meeting Minutes Wednesday, July 23, 2014 7:00pm Main Committee Room PICA 68114 (Proposed Retained Lot-Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 69114 (Proposed Severed Lot-Appleview Road) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law. requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 70114 (Proposed Severed Lot-Heathside Crescent) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 12.0 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. PICA 71114 (Proposed Severed Lot-Heaths ide Crescent) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.5 metres and a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum IQt frontage of 18.0 metres and a minimum side yard width of 1.8 metres where a garage is erected as part of a detached dwelling. The applicant requests approval of these minor variance applications, to create three additional lots (two fronting Appleview Road and two fronting Heathside Crescent) through the Region of Durham Land Division Committee, in order to permit a detached dwelling on the retained parcel and on each of the proposed severed parcels. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending that the applications be tabled. Written comments were received from the Durham Region Health Department expressing no concerns with the applications. Page 3 of 5 Committee of Adjustment Meeting Minutes Wednesday, July 23, 2014 7:00pm Main Committee Room Written comments were also received from the City's Engineering & Public Works Department indicating the following concerns. • the reduction in lot frontage to 12.0 metres, a preliminary grading and drainage plan is required that demonstrates that lot drainage can be accommodated without adversely affecting the lot to the north • the proposed driveway locations related to the crossing at the boulevard fronting the property to the north • the location of the existing Canada Post Community Mailbox and street light fronting the proposed lots on Heathside Crescent, and the requirement for the relocation of each service Sarah & Cesare Molinaro were present to represent the applications. Taylan Tatli of 1638 Heathside Crescent, Johanna & Joe Debono of 1608 Heathside Crescent, Margaret & Ivan Svendsen of Heathside Crescent and Annette Gatsis of 1651 Heathside Crescent were present in objection to the applications. Joan & Jim Cushnie of 1610 Heathside Crescent were present representing their neighbours on Heathside Crescent and the written comments previously received. Secretary-Treasurer informed the Committee Members that a petition had been submitted by area residents in opposition to the application stating loss of tree canopy, small lot frontages, snqw storage concerns, crowded on-street parking, mailbox relocation and disruption of existing water drainage. A letter was also received from Jim and Joan Cushnie, who were in attendance. Sarah Molinaro explained this infill development is similar to one that was done on Rambleberry Avenue. Sarah Molinaro stated that there were concerns from area residents related to maintaining the existing streetscape. She stated that existing side yard setbacks along Heathside Crescent are 1.2 metres and the applications are for a minimum 1.5 metre side yard setback, she also mentioned that the lot coverage on the proposed lots is lower than what is permitted. She also indicated the intent to preserve as many trees as possible on the site and will work with a tree planting program to replace the trees that have been removed. Jim Cushnie expressed concerns with the development not in keeping with existing streetscape and the area is different than Rambleberry Avenue. He stated many concerns such as: safety, lack of on-street parking, snow storage, loss of mature t'rees, re-location of community mailbox and street light, drainage onto surrounding properties, the safety of the walkway along the fence line that is used daily, the proposed distance between driveways and concern with the reduction in side yard setbacks. Jim Cushnie also submitted a written petition signed by 33 surrounding residents in objection to the applications. He stated that the applications to reduce lot frontage were not minor. Page 4 of 5 Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, July 23, 2014 7:00pm Main Committee Room That applications PICA 68114 to PICA 71114 by Nuteck Homes Ltd., be Tabled to allow the owner to continue working with City staff to address technical grading and driveway location concerns related to the proposed lots fronting Heathside Crescent and to allow an opportunity for the Committee Members to visit the site before the application is brought back to the Committee. Carried Unanimously (IV) Adjournment Date Chair Moved by Bill Utton Seconded by Eric Newton That the 1Oth meeting of the 2014 Committee of Adjustment be adjourned at 7:35pm and the next meeting of the Committee of Adjustment be held on Wednesday, August 13, 2014. Carried Unanimously Assistant Secretary-Treasurer Page 5 of 5 Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Shirley Van Steen -Vice-Chair Also Present: Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Ashley Yearwood, Planner II (I) Adoption of Agenda Moved by Eric Newton Seconded by Bill Utton Committee of Adjustment Meeting Minutes Wednesday, August 13, 2014 7:00pm Main Committee Room That the agenda for the Wednesday, August 13, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Bill Utton Seconded by Eric Newton Carried Unanimously That the minutes of the 1Oth meeting of the Committee of Adjustment held Wednesday, July 23, 2014 be adopted as amended. Carried Unanimously Page 1 of 5 (Ill) Reports 1. PICA 72/14 R. Ficara 1739 Silver Maple Drive Committee of Adjustment Meeting Minutes VVednesday,August13,2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 4508/94: • to permit a covered platform (deck) with a height of 1.2 metres above grade to project a maximum of 2.1 metres into the required rear yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into any required front or rear yard, and • to permit a maximum lot coverage of 42 percent; whereas the by-law permits a maximum lot coverage -of 40 percent for a semi-detached dwelling The applicant requests approval of these variances in order to obtain a building permit to construct a covered deck in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City ·Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Robert Ficara, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Robert Ficara explained that the proposed privacy screen will be constructed of composite material, which will be the same as the deck. Moved by Shirley Van Steen Seconded by Tom Copeland That application P/CA72/14 by R. Ficara, be Approved on the grounds that the covered platform (deck) with a height of 1.2 metres above grade to project a maximum of 2.1 metres into the required rear yard, and a maximum lot coverage of 42 percent are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Page 2 of 5 Committee of Adjustment Meeting Minutes VVednesday,August13,2014 7:00pm Main Committee Room 1. That these variances apply only to the covered platform (deck) as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 12, 2016, or this decision shall become null and void. 2. PICA 73/14 Vastor Construction Inc. 2585 Brock Road Carried Unanimously The applicant requests relief from Zoning By-law 3037, as amended by By-law 7218/12 to permit a minimum of 138 parking spaces, whereas the by-law requires a minimum of 184 parking spaces. The applicant requests approval of this variance in order to obtain site plan approval and a building permit to construct a 3-storey commercial/office building (Brock Square). The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering & Public Works Department expressing no concerns. Written comments were also received from David Pickles, City Councillor-Ward 3, indicating his support of the application and he stated that the project will bring much needed commercial space to the neighbourhood. Joran Weiner, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to a question from a Committee Member, Joran Weiner explained that the reduction in required parking spaces was due to the potential restaurant tenants in the building, as this use requires a higher parking rate than other business and professional office uses. He stated that there could be upwards of 80 percent of the ground floor area dedicated to restaurant uses. He also stated that the City required the building to have three functional floors, which increased the required parking spaces to be provided on the site. In response to a question from a Committee Member, Joran Weiner stated that the calculations shown on the provided site plan were the total ground floor area and not the total floor area of the second and third floor. Page 3 of 5 Moved by Tom Copeland Seconded by Bill Utton Committee of Adjustment Meeting Minutes VVednesday,August13,2014 7:00pm Main Committee Room That application PICA 73/14 by Vastor Construction Inc., be Approved on the grounds that the minimum of 138 parking spaces for a proposed 3-storey commercial/office building is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the proposed development, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed construction by August 12, 2016, or this decision shall become null and void. Carried Unanimously 3. PICA 74/14 K. & A. Moore 1591 Otonabee Drive The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-laws4112/92 and 4221/93: • to permit a minimum rear yard depth of 5.0 metres to a proposed sun room; whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a maximum lot coverage of 43 percent; whereas the by-law permits a maximum lot coverage of 38 percent, and • to recognize an existing accessory structure (shed) setback a minimum of 0.6 of a metre from the west and south lot lines; whereas accessory structures must be setback a minimum of 1.0 metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit to construct a one-storey suriroom addition in the rear yard and receive zoning compliance for an existing accessory structure (shed) in the rear yard. TheSecretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. . Annette Moore, owner, was present to represent the application. No further representation was presentin favour of or in objection to the application. Page 4 of 5 Moved by Eric Newton Seconded by Bill Urton Committee of Adjustment Meeting Minutes Wednesday, August 13, 2014 7:00pm Main Committee Room That application PICA 74/14 by K. & A. Moore, be Approved on the grounds that the minimum rear yard depth of 5.0 metres to a proposed sunroom, a maximum lot coverage of 43 percent and the location of an existing accessory structure (shed) setback a minimum of 0.6 of a metre from the west and south lot lines are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed one-storey sunroom addition and the existing shed, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 12,2016, or this decision, affecting the proposed one-storey sunroom addition, shall become null and void. Carried Unanimously (IV) Adjournment Date Chair Moved by Bill Utton Seconded by Eric Newton That the 11th meeting of the 2014 Committee of Adjustment be adjourned at 7:14pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 3, 2014. Carried Unanimously Assistant Secretary-Treasurer Page 5 of 5