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HomeMy WebLinkAboutMay 21, 2002 Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. PRESENT: Mayor Wayne Arthurs - COUNCILLORS: M. Brenner M. Holland B. McLean D. Pickles D. Ryan ALSO PRESENT: T. 1. Quinn T. Melymuk B. Taylor C. Rose D.Kearns - Chief Administrative Officer - Division Head, Corporate Projects & Policy - City Clerk - Manager, Policy - Committee Coordinator ABSENT: Councillor Johnson - Family Business - ADOPTION OF MINUTES Regular Meeting of May 6,2002 I PRESENTATION 1. Ralph Sutton, President of the Ajax-Pickering Big Brothers and Sisters, presented a plaque in recognition of being the 2002 Bowl for Kids Sake "Mayor's Challenge Winner". (1m DELEGATIONS 1. John Ibbetson, 787 Sheppard Ave., addressed Council concerning Zoning By-law Amendment Application A 04/01 submitted by Marion Hill Development Corporation. He advised that he is opposed to changing the zoning by-law from low to medium density and to piping the creek. He further advised that after the developer stated he had spoken to area residents he canvassed his neighbours and not one had spoken to the developer. He stated that a study must be undertaken prior to piping the creek. 2. The following delegations addressed Council concerning Zoning By-law Amendment Application A 22/01, 701-711 Krosno Blvd.: a) Ramesh Patel, 701-711 Krosno Blvd., requested Council's approval to develop a convenience store and dry cleaning establishment. b) Nick Givalas, 7725 Birchmount Rd., Unit 13, Markham, acting on behalf of Mr. Patel, advised that he was present to answer questions on behalf of his client. Mr. Givalas stated that the site is under utilized and the only opposition is the present business owners. He requested that Council reconsider the decision of the Planning Committee. - 1 - Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. c) Maureen Charlton, 867 Hillcrest Rd., stated her objection to a second convenience store and suggested that a wider range of services would be better for the community. - d) David Lim, 713 Krosno Blvd., stated his objection to the application advising that it would hurt his business. He also stated that a wider range of services would be better than duplication of services. 3. The following persons addressed Council concerning the Growth Management Study: a) Jim Robb, Friends of the Rouge Watershed, stated opposition to the agricultural preserve lands being included in the study and also to the developers funding the study. He suggested that the Working Group include residents living on the agricultural easement lands, a resident ITom Whitevale and one ftom Cherrywood. He stated that the Terms of Reference are crucial and should be reviewed through public consultation. Friends of the Rouge believe the study should look at how to protect, restore and enhance the agricultural lands. b) Colin O'Handley, 2640 Altona Road, stated that he fails to see the need for the agricultural lands to be included in the study. He stated his concern that this study will negate the work undertaken three years ago by the residents. He suggested that there be land owner representation on the committee ftom Cherrywood, Whitevale and Martin subdivision. He requested that he be considered for the Working Group. c) Gord Willson, Whitevale, advised that he fully endorses the comments to be made by Mr. Thompson. --- d) Mr. Thompson, stated that the lands west of Duffins Creek should be excluded ftom the study and that the developers should not be funding the study but that the study should be paid for out of the budget. The Working Group should have more diversified representation and not be so slanted to those who have most to gain. There should also be much greater public input into the Terms of Reference and Study. e) Marion Thomas, Whitevale, stated her outrage at Councils decision to include the agricultural lands in the study and to consider having the developers pay for the study. She stated that the agricultural easement was to take the pressure off these lands. t) Lloyd Thomas, President of the Whitevale Community Association, stated that Sandy Rider spent seven years on preservation of the agricultural lands and that by including these lands in the study Council is saying that what was done by the volunteers and their time spent was not important. He also suggested that more resident representation be included on the Working Group. g) Karen Phillips, 1911 Malden Cres., expressed her concern over the development of the Seaton lands and concurred with the previous speakers that the agricultural lands not be included in the study. She stated her support of a study which would preserve our culture. . h) David Steele, representing PACT, requested a combined (integrated) environmental review of rural areas. He made the following recommendations: a) Pickering take ownership of all environmental assessments and planning matters in rural and urban areas; b) fteeze all development on all Seaton lands and Preserved agriculture land until all environmental studies are completed and all questions raised by those studies are answered; c) hire a environmental planner; d) PACT be part of the working committee; e) that the M.P. or her assistant has a seat on the working committee; and f) community outreach program be extended to all community associations. He -2- imc- D.~ . I I , . Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. further stated that PACT does not support urban sprawl on agricultural lands or development of any environmental sensitive Seaton lands. - 4. Sylvain Trepanier, representing PESCA, addressed Council with respect to the Pickering Harbour Company development applications. Mr. Trepanier suggested moving with caution on this application and stated that any more development as recommended by Pickering Harbour Company is unacceptable to PESCA and the area residents. He advised that PESCA and PACT have party status at the Ontario Municipal Board Hearing to support City's recommendations. He stated that it is important that the Planning recommendation be supported by Council unanimously- ~ Resolution #79/02 - Appendix #1 Moved by Councillor Ryan Seconded by Councillor Brenner That the Report of the Planning Committee dated May 13,2002, be adopted, with the following amendments: Item # 1 Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs Absent: Councillor Johnson - Item #3 Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Ryan and Mayor Arthurs No: Councillor Pickles Absent: Councillor Johnson Item #6 Item #6 was amended with the inclusion of the memorandum of the Chief Administrative Officer dated May 16, 2002 as an addendum to Item #6, and Further amended in the Report to Council CAO 05-02 (Revised) to add Clause 5 to the Ground Rules for the Growth Management Study to read as follows: 5. The study would recognize the present Official Plan designations west of Duffins Creek as agricultural and agricultural easements, and east ofDuffins Creek as a special study area. Item #6 was also amended by appointing Mayor Arthurs and Councillor Pickles to sit on the working group- - CARRIED Recorded Vote: Yes: Councillors Brenner, McLean, Ryan and Mayor Arthurs No: Councillors Holland and Pickles Absent: Councillor Johnson Council considered the following motions in conjunction with the above resolution: - 3 - Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. Resolution #79/02la) - Moved by Councillor Pickles Seconded by Councillor Brenner That the memorandum of the Chief Administrative Officer dated May 16, 2002 be attached as an addendum to Item #6. CARRIED Resolution #79/02lb) Moved by Councillor Pickles Seconded by Councillor Holland That Report to Council CAO 05-02 (Revised) be amended to add Clause 5 to the Ground Rules for the Growth Management Study to read as follows: 5. The study would recognize the present Official Plan designations west of Duffins Creek as agricultural and agricultural easements, and east ofDuffins Creek as a special study area. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles and Ryan No: Mayor Arthurs Absent: Councillor Johnson ... Resolution #79/02lc) Moved by Councillor Holland Seconded by Councillor Pickles That Report to Council CAO 05-02 (Revised) be amended to amend Clause 3 to the Ground Rules for the Growth Management Study to read as follows: 3. The study area boundary would be as set out in Council Resolution #29/02 except that the lands in the Agricultural Assembly would be studied only for ecology and not for the purpose of development. LOST Recorded Vote: Yes: Councillors Holland and Pickles No: Councillors Brenner, McLean, Ryan and Mayor Arthurs Absent: Councillor Johnson - Resolution #79/02l d) Moved by Councillor Ryan Seconded by Councillor Brenner That Mayor Arthurs and Councillor Pickles be appointed to sit on the working group. CARRIED -4- Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. Resolution #80/02 - Appendix II - Moved by Councillor Ryan Seconded by Councillor Pickles That the Committee of the Whole Report dated May 13,2002, be adopted. CARRIED Resolution #81/02 Moved by Councillor Holland Seconded by Councillor Brenner WHEREAS the Municipality of Clarington in the Regional Municipality of Durham is bidding to be the host municipality for the International Fusion Energy Research and Development Project (ITER); and WHEREAS the ITER project will lead essential, international research into the commercially viable creation of a clean, renewable energy source to meet the energy needs of subsequent generations through fusion; and WHEREAS the successful bid to bring ITER to Clarington will mean an immediate infusion of higWy skilled jobs and provide a significant economic stimulus to Durham Region while raising Canada's status as a leader in research in development; and - WHEREAS the location of two nuclear power facilities within the Region of Durham provides a regular source of local tritium and an expansive base of nuclear expertise which makes Durham an idea location to host the ITER project; and WHEREAS hosting the ITER project within the Region of Durham is widely supported by the community and understood to be a unique opportunity to play an important role in the genesis of a potentially revolutionary new source of energy; NOW THEREFORE the Council of the Corporation of the City of Pickering confirms its full support for the ITER project and strongly urges the selection committee to opt for the Municipality of Clarington in the Region of Durham as host for the project; and THAT the Corporation of the City of Pickering hereby confirms its confidence in the Canadian Nuclear Safety Commission's ability to undertake a thorough and complete review of the application for the project; and THAT this motion be circulated to; . All area Mayors and Chairs . Dan McTeague, M.P. - Ajax-Pickering-Uxbridge -- CARRIED (V) BY-LAWS That Councillor Ryan, seconded by Councillor Brenner, took leave to introduce by-laws of the City of Pickering: - 5 - Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. By-law Number 5975/02 - Being a by-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. By-law Number 5985/02 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, on Part of Lot 20, Concession 1, in the City of Pickering. (A 03/01) By-law Number 5986/02 Being a by-law to prohibit the excessive barricading or fortification of all lands, buildings and structures appurtenant to any land within the City of Pickering. By-law Number 5987/02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 905 Bayly St., 1915 Denmar Rd., 1310 Fieldlight Blvd. and 1345 Altona Road). By-law Number 5988/02 Being a by-law to adopt Amendment 8 to the Official Plan for the City of Pickering (OPA 01- 002/P). - CARRIED THIRD READING: Councillor Ryan, seconded by Councillor Brenner, moved that the report ofthe Committee of the Whole on By-law Numbers 5975/02, 5985/02, 5986/02, 5987/02 and 5988/02, be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal ofthe Corporation be affixed thereto. CARRIED (VI) OTHER BUSINESS 1. Councillor Holland gave notice of a motion seconded by Councillor Ryan concerning representation at the Region of Durham. 2. The following matters were discussed prior to the regular meeting: a) The Chief Administrative Officer commented on the e-mails being received concerning the closing ofthe Brougham Fire Hall. b) The Chief Administrative Officer distributed a copy of a memo concerning Parking By-law Amendments. c) The Chief Administrative Officer advised that the owners of Knob Hill Farms have been requested to remove the Goodwill Trailer. He further advised that this building is up for sale but the parking lot lands are owned by hydro. -6- Council Meeting Minutes Tuesday, May 21, 2002 7:51 p.m. (VIn CONFIRMATION BY-LAW By-law Number 5989/02 - Councillor Brenner, seconded by Councillor McLean, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Regular Council Meeting of May 20, 2002. CARRIED The Meeting adjourned at 10:05 p.m. J~ fÞ/oz- ~~. MAYOR DATED .-. , 6/ ,~ CLERK / /~- - - 7 - Appendix I Planning Committee PC 2002-5 That the Planning Committee of the City of Pickering having met on May 13, 2002, presents its fifth report to Council and recommends: -. 1. PLANNING & DEVELOPMENT REPORT PD 21-02 REVISED OFFICIAL PLAN AMENDMENT APPLICATION OP A 99-004/P(R) REVISED ZONING BY-LAW AMENDMENT APPLICATION A 22/99(R) PICKERING HARBOUR COMPANY PART OF LOT 23, RANGE 3, B.F.C. (LANDS ON THE WEST SIDE OF LIVERPOOL ROAD, AND SOUTH SIDE OF WHARF STREET -AND- ZONING BY-LAW AMENDMENT APPLICATION A 13/01 PICKERING HARBOUR COMPANY (COOL WATER FARMS PROPERTY) PART OF LOT 22, RANGE 3, B.F.C. (LANDS ON THE EAST SIDE OF LIVERPOOL ROAD, AND SOUTH OF WHARF STREET) -. 1. That Official Plan Amendment Application OP A 99-004/P(R), submitted by the Pickering Harbour Company to redesignate land located on the west side of Liverpool Road, south of Wharf Street, within Parts of Lot 23, Range 3, BFC, to revise Table 3 of the Pickering Official Plan - Open Space System: Permissible Uses by Subcategory - Marina Area to broaden the list of permissible uses to permit the proposed 66 unit residential development be REFUSED in light of Amendment 6 to the Pickering Official Plan; and 2. That Zoning By-law Amendment Applications A 22/99 and A BIOI, submitted by the Pickering Harbour Company to permit on the East Shore Marina lands the upgrading of the marina uses and the development of 66 townhouses with the potential for ground floor commercial uses in those dwellings ftonting Liverpool Road, and to permit on the Coolwater Farms lands retail, office, and boat storage uses, be ENDORSED IN PRINCIPLE, AS REVISED BY STAFF, in accordance with the Council - adopted Amendment 6 to the Pickering Official Plan, to permit on the East Shore Marina lands the upgrading of the marina uses and the development of a maximum 26 townhouses ftonting Liverpool Road with the potential for ground floor commercial, and to permit on the Coolwater Farms lands retail, office, and winter boat storage, as set out in the staff recommended implementing by-law attached as Appendix I to Report Number PD 21-02; and - 3. That City staff and representatives be authorized to present Recommendations # 1 and #2 to the Ontario Municipal Board Hearing as Council's position on Official Plan Amendment Application OP A 99-004/P(R), Zoning By-law Amendment Applications A22/99(R) and A13/01, and further authorize City staff and representatives to make adjustments to the staff recommended implementing by-law as technical issues are finalized. 2. PLANNING & DEVELOPMENT REPORT PD 24-02 PICKERING OFFICIAL PLAN AMENDMENT OPA 01-002/P ZONING BY-LAW AMENDMENT APPLICATION A 04/01 MARION HILL DEVELOPMENT CORPORATION PART LOT 28, RANGE 3, B.F.C. (NOW PART 1, PLAN 14431 & PART 1,PLAN40R-2767) (SOUTH-EAST CORNER OF WHITES ROAD AND SHEPPARD AVENUE) - 8 - Appendix I Planning Committee PC 2002-5 - 1. (a) That Official Plan Amendment Application OPA 01-002/P, submitted by Marion Hill Development Corporation on lands being Part of Lot 28, Range 3, B.F.C. in the City of Pickering, to replace the Urban Residential Areas: Low Density Areas designation on lands on the south side of Sheppard Avenue with a Urban Residential Areas: Medium Density Areas designation on Schedule I - Land Use Structure be APPROVED AS REVISED, to also add various site-specific policies to section 11.8, Woodlands Neighbourhood Policies, for the subject lands, including a cap in the maximum residential density of 55 units per net hectare, as set out in Appendix I to Report Number PD 24-02; and (b) That the draft by-law to adopt Amendment 8 to the Pickering Official Plan be FORWARDED TO COUNCIL for enactment, as set out in Appendix I to Report Number PD 24-02. 3. PLANNING & DEVELOPMENT REPORT PD 20-02 ZONING BY-LAW AMENDMENT APPLICATION A 03-02 SEAN AND ANN REGAN 1911 VALLEY FARM ROAD PART OF LOT 20. CONCESSION 1 -.. 1. That Zoning By-law Amendment Application A 02/01, submitted by Sean and Ann Regan, for 1911 Valley Farm Road, being Part of Lot 20, Concession 1, City of Pickering, to amend the zoning of the subject lands from "R3" to a "SA-ll" zone, in order to permit the development of five (5) street townhouses on the subject lands, be APPROVED, subject to the conditions outlined in Appendix I to Report Number PD 20-02; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/01, as set out in draft in Appendix II to Report Number PD 20-02, be forwarded to City Council for enactment; and 3. That the request made by Sean and Ann Regan, to permit the division of the subject lands, 1911 Valley Farm Road, being Part of Lot 20, Concession 1, City of Pickering to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. 4. PLANNING & DEVELOPMENT REPORT PD 22-02 ZONING BY-LAW AMENDMENT APPLICATION A 22/01 1381190 ONTARIO LIMITED BLOCK T, PLAN MIS 701 - 711 KROSNO BOULEVARD - That Zoning By-law Amendment Application A 22/01, submitted by Ramesh Patel, on lands being Block T, Plan M15, City of Pickering, to amend the existing zoning to include a convenience store in association with the existing gas bar, a dry cleaning depot, and technical amendments to clarifY existing yard requirements on the subject lands, be APPROVED AS REVISED, to permit the continuance of the existing gas bar, with limited sale of accessory convenience items as permitted by the Committee of Adjustment Application PICA 44/00 and technical amendments to clarifY existing yard requirements on the subject lands subject to the conditions included in Appendix I attached to Report No. PD 22-02, as revised to: - 9- Appendix I Planning Committee PC 2002-5 (1) delete Condition 1.0 (a) (uses - convenience store/dry cleaning depot use) - (2) delete Condition 1.0 (b) (size restriction for convenience store/dry cleaning depot uses) 5. PLANNING & DEVELOPMENT REPORT PD 17-02 ZONING BY-LAW AMENDMENT APPLICATION A 26/01 689629 ONT ARlO LIMITED 420 SHEPPARD AVENUE SOUTH PART OF LOT 32, CONCESSION 1 (PART 2. PLAN 40R-17618) 1. That Zoning By-law Amendment Application A 26/01, submitted by Grant Morris, on lands being South Part of Lot 31, Concession 1, (Part 2, 40R-17618), City of Pickering, to amend the zoning of the lands to permit the establishment of a second dwelling unit in the main dwelling, and to convert the existing barn in the rear yard into a garage and dwelling unit, on the subject property, be APPROVED AS REVISED to permit the establishment of a second dwelling unit in the main dwelling; subject to conditions outlined in Appendix I to Report No. 17-02. 6. CHIEF ADMINISTRATIVE OFFICER REPORT CL 05-02 PICKERING GROWTH MANAGEMENT STUDY .-. 1. That Council receive for information, Report to Council CAO 05-02 (Revised) concerning a growth management study; and 2. That Council authorize the establishment of a working group as set out in the memorandum of the Chief Administrative Officer dated May 16, 2002 through public notice and invitation to draft detailed terms of reference for the growth management study, and that Council appoint the following Members of Council to sit on this working group: Mayor Arthurs Councillor Pickles 3. That the working group use the ground rules and elements of the growth management study as set out in this Report as the basis for preparing the detailed terms of reference for the study, and that the working group complete and forward these terms of reference to Council for consideration in June 2002. 4. That a copy of this Report be forwarded to the Ministry of Municipal Affairs and Housing, the Region of Durham, and the Toronto and Region Conservation Authority for information. - - 10- Appendix II Committee of the Whole COW 2002-6 That the Committee of the Whole of the City of Pickering having met on May 14, 2002, presents its sixth report to Council and recommends: - 1. CLERKS REPORT CL 14-02 2002 CURRENT AND CAPITAL BUDGETS -AJAX PICKERING TRANSIT AUTHORITY (APT A) 1. That the letter ftom the General Manager of the Ajax Pickering Transit Authority dated April 2, 2002 advising of the resolution passed by the Board of APT A regarding the 2002 Current and Capital Budgets of APT A be received. 2. That the Council of the Corporation of the City of Pickering hereby approves the 2002 APT A Current and Capital Budgets as set out in APT A Report 07-02 attached to the April 2, 2002 letter of the General Manager of APT A. 2. CLERKS REPORT CL 01-02 (ADDENDUM) PROCESSING DEVELOPMENT APPLICATIONS & PUBLIC NOTIFICATIONS 1. That Clerk's Report CL 01-02 (Addendum) respecting the Processing of Development Applications and Public Notification be received; and -. 2. That the Summary of Recommendations of the Staff and the Community Associations as set out in Clerk's Report CL 01-02 (Addendum) respecting improvements to the processing of development applications and public notifications be adopted as noted. 3. That the said Summary of Recommendations of the Staff and the Community Associations be implemented in September, 2002. 4. That the said Summary of Recommendations of the Staff and the Community Associations be reviewed in January of 2004. 3. CLERKS REPORT CL 13-02 COUNCIL EXPENSES WHEREAS Subsection 255(1) of the Municipal Act, RS.O. 1990, c. M.45, as amended, (the "Act") provides that where an elected member of a council of a municipality or a local board is, under a by-law or resolution of the council of such local board, paid a salary, indemnity, allowance or other remuneration, one-third of such amount shall be deemed to be for expenses incident to the discharge of his or her duties as a member of the council or such local board; and .-. WHEREAS Subsection 478(10) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that subsection 255(1) of the Act ceases to apply to elected members of the council of a municipality or its local boards on January 1, 2003 unless the municipality passes a resolution before January 1, 2003 stating its intention that one-third of the remuneration paid to the elected members of the council and its local boards shall continue as expenses incident to the discharge oftheir duties as members of the council or local board; NOW THEREFORE it is the intention of the Council of the Corporation of the City of Pickering that one-third of the remuneration paid to the elected members of the Council and its local boards shall continue as expenses incident to the discharge of their duties as Members of Council or local boards. - 11 - Appendix II Committee of the Whole COW 2002-6 4. CHIEF ADMINISTRATIVE OFFICER REPORT CAO 04-02 AUTHORITY FOR THE CHIEF ADMINISTRATIVE OFFICER TO APPROVE CONTRACTS DURING RECESSES OF COUNCIL - 1. That Report to Council CAO 04-02 seeking authorization by the Chief Administrative Officer to act in Council's approval capacity on behalf of Council during any recess, break or absence of City Council be received; and 2. That subject to the Council approved Purchasing Policy & Procedure, the Chief Administrative Officer be authorized to act in Council's approval capacity on behalf of Council during any recess, break or absence of City Council on the condition that: a) such actions are in compliance with the Purchasing Policy & Procedure as approved under Resolution 136/01; and b) the costs thereof are within the budget previously approved by Council; and c) a report respecting those approvals is subsequently submitted to Council. 3. That appropriate officials ofthe City of Pickering be authorized to give effect thereto. - - . 12-