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HomeMy WebLinkAboutAugust 7, 2001d PICKERING AGENDA COMMITTEE OF THE WHOLE Thomas J. Quinn Chief Administrative Officer AUGUST 7, 21}1}1 AGENDA COMMITTEE OF THE WHOLE MEETING TUESDAY, AUGUST 7, 2001 7:30 P.M. CHAIRMAN: Councillor Holland (i) ADOPTION OF MINUTES Meeting of June 25, 2001 (ii) DELEGATIONS 1. Morgen Dobson, representing the Durham Regional Police Service Business Planning Steering Committee, will make a PowerPoint presentation to Committee Members as a Stakeholder Consultation in the development of a business plan for how the Police Service approaches service delivery to the community. 2. The following persons will address the Committee of the Whole, regarding the Barclay Houses located within the Airport lands: a. John Sabean, representing Picketing Township Historical Society b. Mary Delaney, 1360 Hwy. 7 c. Laurie Barclay, R. R. #5, Claremont (lid MATTERS FOR CONSIDERATION PAGE 1. PLANNING & DEVELOPMENT REPORT PD 26-01 1-6 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP LANDS BY LAND SEVERANCE W. GRAWERT PART OF LOT 27, PLAN 1051 (EAST SIDE OF APPLEVIEW ROAD, NORTH OF DUNBARTON ROAD) 2. PLANNING & DEVELOPMENT REPORT PD 29-01 7-53 DRAFT PLAN OF SUBDIVISION APPLICATION SP 2001-01 ZONING BY-LAW AMENDMENT APPLICATION A 11/01 DANLU HOLDINGS LIMITED BLOCK 14 AND PART OF BLOCK 19, PLAN 40M-1981 (LANDS EAST OF ALTONA ROAD, SOUTH AND WEST OF SPARROW CIRCLE) PLANNING & DEVELOPMENT REPORT PD 30-01 ZONING BY-LAW AMENDMENT APPLICATION A 16/00 (PHASE I) CLAREMONT ESTATES ONTARIO INC. AND PUBLIC WORKS CANADA PART OF LOT 20. CONCESSION 8 gLANDS SOUTH OF KODIAK STREET AND EAST OF SIDELINE NO. 20)__ 54-77 PI,ANNING & DUVELOPMENT REPORT PD 27-01 ZONING BY-LAW AMENDMENT APPLICATION A 39/00 MARION HOLLINGER PART OF LOTS 88 AND 89. RCP PLAN 1051 NOW PART 1, PLAN 40R-19836 AND PAR]' 1, PLAN 40R-19908 (1878-1886 BROOKSHIRE ~ 78-105 PLANNING & DEVELOPMENT REPORT PD 28-01 ZONING BY-LAW AMENDMENT APPLICATION A 7/01 M. ELLIS LOT 111, PLAN 816 (~EAST SIDE OF HIGHBUSH TRAIL, SOUTH OF SHEPPARD AVENUE)___ 106-123 PLANNING & DEVELOPMENT REPORT PD 25-01 THE OAK RIDGES MORAINE - PROPOSALS FOR THE PROTECTION AND MANAGEMENT OF A UNIQUE LANDSCAPE DRAFT REPORT PREPARED BY THE REGIONS OF DURHAM, YORK AND PEEL 124-133 AJAX PICKERING TRANSIT AUTHORITY REPORT APTA 01-01 TRANSIT MERGER AGREEMENT 134-169 CHIEF ADMINISTRATIVE OFFICE REPORT CA() 05-01 PICKERING NUCLEAR GENERATING STATION PNGS-A RETURN TO SERVICE RELICENSING OF PNGS-A 170-188 OPERATIONS AND EMERGENCY SERVICES REPORT OES 021-01 TENDER FOR THE CONSTRUCTION OF THE PETTICOAT CREEK PEDESTRIAN BRIDGE TENDER NO. T-6-2001 189-195 CLERK'S REPORT CL 28-01 PROPOSED STANDING COMMITTEE SYSTEM 196-209 CLERK'S REPORT CL 27-01 APPOINTMENTS TO ENFORCE THE PARKING BY-LAW AT 726 KINGSTON ROAD 210-21S CONFIDENTIAL MATTERS FOR CONSIDERATION CONFIDENTIAL MEMORANDUM PERSONNEL MATTER 216-228 LEGAL REPORT L 17-01 PROPERTY MATTER 229-237 (V} OTHER BUSINESS VI ADJOURNMENT AGENDA SPECIAL COUNCIL MEETING AUGUST 7, 2001 FOLLOWING THE ADJOURNMENT OF THE REGULAR COMMITTEE OF THE WHOLE MEETING ADOPTION OF MINUTES Regular Meeting of June 25. 2001 Special Meeting of June 25. 2001 RESOLUTIONS To adopt the Report of the Committee of the Whole dated August 7, 2001. 238- 243 {III) BY-LAWS D_y-law Number 5868/01 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implemem the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 25, Plan 228, in the City ofPickering. (A 19/99) 244- 249 4 B_y-law Number 5869/01 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 88 and 89, Plan 1051, in the City ofPickering. (A 39/00) ~y-law Number 5870/01 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implemem the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lot 111. Plan 816, inthe City ofPickering. (A 07/01) Bv-law N umber 5871/0 l Being a by-law to amend By-law 5107/97, as further amended by By-law 5636/00, which amends Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Block 14 and Part of Block 19, Plan 40M-1981, in the City ofPickering. (A 11/01; SP-2001-01) ~y_-law Number 5872/01 Being a by-law to amend Restricted Area (Zoning) By-law 3037. as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in South Part of Lot 2. Concession 5, in the City of Pickering. (SP-2000-02, A 16/00) ~_y-law Number 5873/01 Being a by-law to authorize the execution of a Transit System Merger Agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering. _B_y_-law Number 5874/01 Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. _~y_-law Number 5875/01 Being a by-law to appoint By-law Enforcement Officers Ibr certain purposes (Parking Regulation- 726 Kingston Road). 250- 256 257- 261 262- 268 269- 273 274 275- 277 278 NOTICES OF MOTION Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS lands in the City of Pickering known as the former Brock North Landfill Site are being considered for a leaf and yard waste composting facility; and WHEREAS any consideration by the City of Toronto and the Ministry of the Environment to permit such use in Pickering flies in the face of the spirit of the understanding between Pickering and the City of Toronto pertaining to the closure and transfer of garbage fi.om this former Site to the former Brock West Landfill Site: and WHEREAS the City of Picketing had asked that the Certificate of Approval for this Site be surrendered following its closure; and 279 boundaries to service persons other than the residents of Pickering and/or Durham Region: and WHEREAS the City of Pickering requires that community and stakeholder participation be a part of any consideration on such land use decisions; and WHEREAS no such participation has been initiated by the City of Toronto or the Ministry. of the Environment; NOW THEREFORE the Council of the Corporation of the City of Pickering reaffirms to the Ministry. of the Environment and to the City of Toronto that it is opposed to any consideration to reopen the former Brock North Landfill Site for the proposed composting facility: and THAT copies of this resolution be forwarded to Durham Region, Citv of Toronto and Minister of the Environment. Moved by Councillor Brenner Seconded by Councillor Ryan WHEREAS the Province of Ontario has established an Advisory Committee to seek out land use options for the protection of the Oak Ridges Moraine; and WHEREAS such options being considered includes the possible transfer of Provincially-owned lands administered by the Ontario Realty Corporation; and WHEREAS the Province of Ontario. through the Ontario Realty Corporation (ORC), failed to respond adequately to address problems with contaminated water on its lands leased to residents of Pickering: and WHEREAS according to recent environmental reports, portions of these lands should be considered as environmentally and historically significant; NOW THEREFORE the Council of the Corporation of the City of Picketing hereby advises the Province of Ontario, through the Minister of Municipal Affairs and Housing, the Ontario Realty Corporation and members of the Oak Ridges Advisory Committee, that it is opposed to these lands being considered for any land transfer. 280 Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS Valley Farm Public School was designed to accommodate 423 students; and WHEREAS Valle>' Farm Public School presently has an enrollment of 744 students, 59% over capaciDr, and that Grade 3 - 6 classes are accommodated in 11 portables; and WHEREAS Valley Farm Public School enrolment has been relatively stable since 1993 and is expected to remain at this level; and WHEREAS the Valley Farm Public School Community Council has identified a number of concerns with respect to the on-going reliance on portables at the school, including students' and teachers' safety and security, crowded conditions, curriculum restrictions, restrictions on computer and other learning aids, lack of storage space, lost time to travel to main building, classroom cleaning difficulties, lack of water and washroom facilities, 281 increased allergic reactions, poor heating and ventilation, increased noise, rodents, safety and security; and WHEREAS the Valley Farm Public School Community Council has formally requested that the Durham District School Board approve an 11 classroom addition to Valley Farm Public School: NOW THEREFORE the Council of the Corporation of the City of Pickering hereby indicates that it supports the needs of the students and teachers at Valley Farm Public School for adequate classrooms to promote the best environment tbr safety, security, and learning; and FURTHER THAT Council supports the request of the Valley Farm Public School Community Council to the Durham District School Board for approval at its upcoming meetings on capital construction of an 11 classroom addition to the Valley Farm Public School to be constructed at the earliest possible opportunity: and FURTHER THAT this motion be copies to the Director of the Durham District School Board. all Durham Public School Board Trustees and the Durham District School Board Planning Department. Moved by Councillor Holland Seconded bv Councillor McLean WHEREAS pesticides are known to cause serious, adverse human and environmental health impacts: and WHEREAS a broad range of alternatives exist to the utilization of pesticides which are organic and do not have negative impacts upon surrounding ecology or residents; and WHEREAS the Corporation of the City of Pickering has committed to the regeneration of Frenchman's Bay and its associated watershed and pesticides are a regular source of containments into the Bay; and WHEREAS many GTA municipalities have successfully banned the use of pesticides within their jurisdictions; NOW THEREFORE the City Clerk be directed to report back to Council for the first meeting of January 2002, with an implementing by-law for Council to consider that would ban all pesticide use by January 1. 2004 and all municipally-used pesticides by January 1, 2003; and THAT the City Clerk further include examples of by-laws other GTA municipalities have adopted with respect to pesticide use and report back on the success of those initiatives as part of the aforementioned January 2002 report; and THAT the Director of Operations report back to Council on alternatives to pesticide use for the City and cost estimates prior to consideration of the implementing by-taw in Januao'; and THAT the Director of Operations further include in his report options available to residents ifa ban is in place; and THAT the time prior to the implementing by-law coming before Council be used for community feedback on the possibility to banning pesticide use; and 282 THAT the Region of Durham be requested to consider banning the use of pesticides on public property it maintains across Durham and prepare for a potential ban of pesticides it uses in Picketing by January 1, 2003. (v) CONFIRMATION BY-LAW (VI) ADJOURNMENT 001 RECOMMENDATION OF THE COMMITTEE THE WHOLE DATE MOVED BY SECONDED BY That the request made by W. Grawert. to permit the division of the subject lands, being Part of Lot 27, Plan 1051 (identified as Parts 2 & 3, Plan 40R-10323, and known as 1797 Appleview Road). to create one ne~v residential building tot through Land Severance Application LD 100/99. rather than by drag plan of subdivision, be APPROVED. 002 PICKERING REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: July 17, 2001 REPORT NUMBER: PD 26-01 SUBJECT: Request for Council's Permission to Develop Lands by Land Severance W. Grawert Part of Lot 27, Plan 1051 (East side of Appleview Road, north of Dunbarton Road) City of Pickering RECOMMENDATION: That the request made by W. Grawert, to permit the division of the subject lands, being Part of Lot 27, Plan 1051 (identified as Parts 2 & 3, Plan 40R-10323, and known as 1797 Appleview Road), to create one new residential building lot through Land Severance Application LD 100/99, rather than by draft plan of subdivision, be APPROVED. Land Severance Application LD 100/99, submitted to the Durham Region Land Division Committee and circulated to the City of Pickering for comment, and a written request made by the owner to the City of Picketing requesting that Council authorize the development of the subject lands by land severance rather than by plan of subdivision. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.13 and Section 15.25(b) of the Picketing Official Plan. FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: Land Severance Application LD 100/99 was submitted to the Region of Durham Land Division Committee proposing the creation of one new residential building lot, fronting onto Appleview Road, from the applicant's total land holdings. This application was tabled by the Land Division Committee at their June 11, 2001 meeting, at the request of the City of Picketing, to allow the applicant time to obtain permission from City Council to develop the subject lands through the land severance process rather than by draft plan of subdivision and to re-examine the proposed lotting of the retained parcel to ensure that the future extension of Spartan Court is appropriately provided for. The Picketing Official Plan requires any ownership of land that is capable of being divided into more than three additional lots to be developed by a plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary, in which case Council may authorize the development to proceed by land severance. Report to Council PD 26-01 Date: July 17, 2001 Subject: Request for Council's Permission to Develop by Land Severance Page 2 It is considered appropriate to allow one new lot to be created from the subject property through the land severance process. The applicant's proposed severance will not prejudice the viability of future development on the subject lands. The subject property is zoned to permit the lot sizes proposed by the applicant, and only one new lot would be created. Both the proposed severed and retained lot would front onto Appleview Road. Accordingly it is recommended that the applicant's request to develop one lot by severance be approved as all requirements of the City can be appropriately addressed as conditions of severance approval. BACKGROUND: Applicant's Proposal The applicant submitted Land Severance Application LD 10099 to the Region of Durham Land Division Committee, proposing the creation of one new residential building lot from the total land holdings. A property location map is included as Attachment ¢1 to this Report. The proposed severed lot would provide approximately 20.0 metres of lot frontage on Appleview Road, and an area of 5210 square metres. The proposed retained parcel would provide approximately 18.0 metres of lot frontage on Appleviexv Road, would be approximately 740 square metres in area, and would support one detached dwelling. A site plan illustrating the applicant's proposed severance is included as Attachment ~2 to this Report. Land Severance Application LD 100.99 was tabled bx' the Durham Region Land Division Committee at their June 11, 2001 meeting, at the request of the Planning & Development Department, to allow the applicant time to obtain permission from City Council to develop the subject lands through the land severance process rather than by draft plan of subdivision and to re-examine the lotting of the retained parcel to ensure that the future extension of Spartan Court is provided for. The application was tabled to a September 2001 Land Division Committee meeting. Pickering Official Plan Policies Section 15.25(b) of Picketing's Official Plan requires any ownership of land that is capable of being divided into more than three additional lots to be developed by a plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary. Where these circumstances exist, Council may authorize the development to proceed by land severance. The subject lands are capable of being divided into more than three additional lots, and therefore permission is required from Council to allow any development of these lands to proceed through the land severance process. The Pickering Official Plan designates the subject lands as being within an "Urban Residential - Low Density Area" in the Dunbarton Neighbourhood. As outlined in specific neighbourhood policies for the Dunbarton area, Council shall, · in established residential areas, encourage, and where possible, require development to be compatible with the character of existing development; and, · minimum lot frontages of 15.0 metres on existing roads. The applicant's proposal would conform to the policies of the Picketing Official Plan. The resultant retained lands would provide a frontage and depth in character with surrounding lots, and supports an existing detached dwelling sited in a manner similar to other dwellings along Appleview Road. 004 Report to Council PD 26-01 Subject: Request lbr Council's Permission to Develop by Land Severance Date: July 1'7.2001 Page 3 Future Extension of Spartan Court The applicant has provided a revised conceptual lotting scheme for the retained parcel that appears to provide lbr the future extension of Spartan Court, which is intended to terminate into a cul-de-sac at the north end. The applicant has revised the proposed lotting of the retained lands by curving the south-east comer of the proposed retained lot to ensure that the creation of the cul-de-sac will be within the limits of the severed parcel. It is anticipated that the severed lands will be developed through the submission of an application for draft plan of subdivision in the future. Accordingly it is recommended that the applicant's request to develop one lot by severance be approved as all requirements of the City can be appropriately addressed as conditions of severance approval. ATTACHMENTS: Property Location Map Applicant's Submitted Plan Prepared By.;_.. Tyl nett ? ~--- Plan r lne.[_~..~// Approved / Endorsed by: '~"'~-~ Ne'~l Carrok~ff&CIP, RJPP Director. Pl~li~ Development Lynda Tay[~ Manager, cU~TOffeperaiions JTB/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. Quinn, Chief Administrative Officer ATTACI. M~iT ~_/ TO RGq)RT f FO ~ ~ -~ / 005 GLENANNA ROAD KITLEY CRESCEN'; ,VOYAGER AVE BONITA AVENUE GLENANNA ROAD STROUDS LANE WINOARDEN CRES. WELRUS STREET ROAD AVENUE MEADOW CULROSS SHEPPARD ]s~ON AVENUE ROAD City of Pickering Planning & Development Department DATE JUL 5, 2001 ATTACHMENT ~ ,~)'- TO '~EPORT ,f PD )-. ~ ' ~ I INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN LD 100/99 W. GRAWERT / / SPARTAN COURT 'x IRIS WAP FAS PRODUCED BY [HE CIIY OF PIANN/ND ~ DEV~OPJ~ENr INFORWAI?ON ~ SUPPORt JUl Y 27, 2O07 007 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Draft Plan of Subdivision Application SP-2001-01 submitted by Mr. Grant Morris of Grant Morris Associates Limited on behalf of Daniu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to permit the development of 43 residential lots supporting 40 townhouse dwelling units and 3 detached dwelling units, be APPROVED. subject to the conditions outlined in Appendix I to Planning Report Number PD 29-01. That Zoning By-law Amendment Application A 11/01 submitted by Mr. Gram Morris of Grant Morris Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part ot' Block 19, Plan 40M-1981. City of Pickering, to establish performance standards to alloxv the development of 3 detached dwelling units on "wide-shallow" lots, and to reduce the current front and rear yard depth zoning requirements to accommodate the siting of one tOwT~house dwelling unit on the subject lands, be APPROVED, subject to the conditions outlined in Appendix II to Planning Report Number PD 29-01. o That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/01, as set out in draft in Appendix III to Report Number PD 29-01 be forwarded to Council for enactment. 008 PICKERING REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: July 30, 2001 REPORT NUMBER: PD 29-01 SUBJECT: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Danlu Holdings Limited Block 14 and Part of Block 19, Plan 40M-1981 (Lands east of Altona Road, and south and west of Sparrow Circle) City of Picketing RECOMMENDATION: That Draft Plan of Subdivision Application SP-2001-01 submitted by Mr. Grant Moms of Grant Moms Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Picketing, to permit the development of 43 residential lots supporting 40 townhouse dwelling units and 3 detached dwelling units, be APPROVED, subject to the conditions outlined in Appendix I to Planning Report Number PD 29-01. That Zoning By-law Amendment Application A 11/01 submitted by Mr. Grant Moms of Grant Moms Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Picketing, to establish performance standards to allow the development of 3 detached dwelling units on "wide-shallow" lots, and to reduce the current front and rear yard depth zoning requirements to accommodate the siting of one townhouse dwelling unit on the subject lands, be APPROVED, subject to the conditions outlined in Appendix II to Planning Report Number PD 29-01. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/01, as set out in draft in Appendix III to Report Number PD 29-01 be forwarded to Council for enactment. ORIGIN: Draft Plan of Subdivision SP-2001-01 submitted to the Region of Durham and circulated to the City of Picketing for comment, and Zoning By-law Amendment Application A 11/01 submitted to the City of Pickering. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No direct costs to the Town are anticipated as a result of the proposed development. Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 2 EXECUTIVE SUMMARY: The applicant proposes to create "freehold" lots to support 3 detached dwellings and 40 townhouse dwelling units fronting onto a new public street. The proposed lots supporting detached dwellings would be "wide-shallow" lots providing minimum lot frontages of 20 metres and minimum lot areas of 200 square metres. The proposed lots supporting townhouse units would comply with the minimum 4.8 metre lot frontage and minimum 95 square metre lot area requirements in the current zoning by-law applicable to the subject lands. The applicant proposes to amend the current zoning to allow the proposed detached dwelling units with modified performance standards, and to allow reduced front and rear yard depths for one proposed townhouse dwelling unit. The proposed Plan of Subdivision represents appropriate development. The great majority of the proposed new lots comply with currcnt zoning requirements, and the proposal conforms to the policies of the Pickering Official Plan for lands designated "Urban Residential Medium Density Area" and the resultant lotting and development maintains the character of surrounding existing residential development. All interests of tiao City will be appropriately addressed through an associated subdivision agreement. The proposed zoning changes will apply to three lots and provide for the introduction of "wide-shallow" lots supporting detached dwellings. These d~vellings take advantage of the minimized lot depths resulting from the introduction of a public road (a condominium proposal supporting a private drive aisle was previously contemplated on the subject lands), and provide a mix of dwelling unit types within the neighbourhood. The proposed minor variations to specific current zoning standards applicable to one proposed townhouse dwelling unit will not significantly impact abutting propel-tics or the usability of the lot. BACKGROUND: 1.0 Information Meeting A Public Information Meeting for this development proposal was held on July 12, 2001. Information Report No. 18-01, which summarizes the applicant's proposal and outlines the issues and comments identified to that date through circulation of the application, was prepared for that meeting. The text of the Information Report is provided for reference (see Attachment #9). Prior to the Public Information Meeting, comments were received from the Durham District School Board, Hydro One Networks Inc. and the Durham Catholic District School Board, all expressing no objection to this proposal. A comment was received from Veridian Connections, expressing no objection to this proposal, and requesting a copy of the proposed civil design plans to prepare a preliminary design and estimate to service the proposed subdivision (see Attachment #t 1). A comment was received from Canada Post requesting conditions of approval be imposed on their behalf respecting the location of a temporary and permanent Community Mailbox, and required sidewalk, boulevard and curb works ser¥ing the mailbox (see Attachment #~2). A comment was received from Bell Canada requesting conditions of draft approval be imposed on their behalf addressing the location and installation of underground servicing (see Attachment #13). 010 Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 3 At the Public Information Meeting, eight area residents commented on the applicant's proposal. Concerns raised included: · The proposed three-storey height of several townhouse units which provide a rear yard depth setback of 6.0 metres, and the effect on abutting existing properties (including reduced privacy, negative impact on property values, and reduced sunlight); · The impact of the proposed three detached dwelling units providing very small rear yard depths, and the lack of information about the design of those dwelling units; · Expectations and final purchases were made on the basis of particular development contemplated for the subject lands at that time (including the establishment of a tot lot, the installation of a chain link fence around a majority of the final development phase, the possibility of two-storey dwelling units being constructed, and the tenure of housing being condominium); and, · The timing of construction of this final development phase and the length of time to complete certain works associated with the final phase should be specified to minimize any impacts on abutting properties (a request was made to install a safety fence around the project, and a request was made to specify when the future boundary fence would be installed). Mr. Bruno D'Amato, of 338 Sparrow Circle, and representing some additional area residents, recommended that various conditions of development be imposed. They include reducing the height of townhouse from three-storeys to two-storeys, increasing the minimum rear yard depth from 6.0 metres to 7.0 metres, eliminating the "wide-shallow" lots supporting detached dwellings, providing detailed plans of the proposed detached dwelling units for review, and requiring a 1.2 metre high chain link perimeter fence to be installed in a specified time frame. The agent for Danlu Holdings Limited was present at the meeting to answer questions. He noted that when Phase II of 'Crystal Forest' was approved, the subject lands were also zoned to accommodate the development currently proposed. He later responded to concerns raised by area residents, noting that: · The applicant intentionally zoned the subject lands so that prospective purchasers in earlier phase of development would be aware of what was contemplated on the subject lands; · The municipality does not typically require a fence to be installed when freehold residential developments abut one another, but noted that the owner will install a 1.2 metre high chain link fence around the perimeter of the subject lands; · A maximum 12-metre height limitation is already established in the current zoning by-law, and the proposed development will comply with that zoning requirement; · No loss to existing property values will occur as a result of three-storey development, and the actual density of proposed development on the subject lands has decreased from 54 total units to the currently proposed 43 total units; · Concerns expressed respecting the three proposed detached dwelling units on "wide- shallow" lots is being addressed and detailed plans of the proposed dwelling units will be provided; and, · The parkette originally shown on the previous condominium proposal was not a 'public' park but was for use of the condominium only. Minutes of the July 12, 2001 Public Meeting are provided for reference (see Attachment #10). Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 4 011 2.0 Additional Information 3.0 3.1 Following the Public Information Meeting, written conn-nents were received from: City's Supervisor, Development Control recommended various typical conditions of draft approval to be imposed, and further recommended that fencing previously proposed for the condominium development be maintained along the rear of existing residential development abutting this project. He noted that fencing will be required adjacent to Altona Road and sidewalk access out to Altona Road should be maintained. He noted that a detailed construction management plan would be required, and that driveway access from proposed Block 7 must be examined to ensure there are no conflicts with their alignment (see Attachment # 14). Terri Hume, of 438 Sparro~' Circle expressed concern with the close proximity of the proposed detached dwelling located on proposed Lot 3 with her rear vard. She noted that her amount of "open space" would be greatly reduced, that privacy would be eliminated in her rear yard and that sunlight e~ioyed within her yard would be reduced. She concluded that the value of her home would be reduced, and that she opposes this proposed plan (see Attachment #15). The Region of Durham Planning Department noted that the proposal conforms to their Official Plan. They further noted that both an updated noise study and a Phase I Environmental Site Assessment are required, and could be addressed as conditions of draft approval. They confirmed that sanitary sewer and water supply facilities will be available to the subject lands, and that their requirements for the provision of Regional servicing could be addressed through appropriate conditions of draft approval (see Attachment #16). Discussion Appropriateness of the Proposed Development The proposed development is compatible with the character of existing surrounding development. A Property Location Map and the Applicant's Submitted Plan- Staff Recommended Plan are included as Attachments #1 and 72 respectively, to this Report. Surrounding existing development (constructed through previous development phases by the applicant) can be characterized as a mix of dwelling unit types (semi-detached, townhouse and quadruplex units) varying in size and height, and at a medium residential density. The proposed development would consist of mainly townhouse dwelling units, and three detached dwelling units sited on "wide-shallow" lots. A siting and architectural design statement is required to be submitted and approved by the Planning & Development Department, ensuring that the resultant dwellings on the proposed lots will maintain the similar style and character of surrounding existing dwellings. The architectural style of the proposed development will be similar to existing surrounding development, and similar building materials will be utilized. The Applicant's Proposed Building Elevations are provided for reference t see Attachments #3 to #6). Positive design features will enhance the resultant streetscape, including minimized garage projections (and in many cases the introduction of "recessed" garages), the ability for exposed walls on the proposed detached dwelling units to be architecturally upgraded and different from typical dwelling unit facades providing a garage oriented towards the street, and the provision of landscaped treatment around outdoor amenity areas serving the proposed detached dwelling units (recommended as a condition of approval and intended to be established by the applicant). Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that the above-mentioned design features are implemented, and respect City standards. 01.2 Report to Council PD 2%01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 5 3.2 Zoning Requirements Thirty-nine of the 40 proposed townhouse dwelling units would be constructed in full compliance with the existing zoning by-law, approved by City Council in March, 2000. When the owner decided to pursue "freehold" dwelling units on the subject lands rather than condominium, a public road built to City standards was introduced and a draft plan of subdivision was submitted. The width of the new public road (wider than the previously proposed private condominium road) resulted in a reduction in the depth of developable land both north and west of the proposed public street. In order to accommodate development on both sides of the new public street, the applicant has proposed three "wide-shallow" lots supporting detached dwellings, and one block supporting 8 townhouse dwelling units for the north and west sections of the street. Proposed "Wide-Shallow" Lots The three proposed "wide-shallow" lots represent a unique lotting pattern treatment, customized for this restricted depth condition. This design effectively utilizes the minimized parcel depth that remains following the introduction of a wider public street. The detached dwellings on proposed Lots 1 and 2 will be sited such that driveways will be paired, the dwellings will generally abut the side yard of existing residential development, and wider-than-normal sight vistas between proposed dwellings units will be maintained. The detached dwelling located on proposed Lot 3 (abutting Altona Road) is recommended to be moved further west toward Altona Road and south from the rear property line. Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that the future detached dwelling on proposed Lot 3 is sited in such a manner. The Applicant's Proposed Dwelling Sitings - "Wide-Shallow" Lots is provided for reference (see Attachment #7). This revised siting will help mitigate concerns expressed by the owner of 438 Sparrow Circle (see Attachment #10), will provide a wider sight vista for residents abutting this lot to the north, and will ensure that the amenity area for this lot is located away from Altona Road and further attenuated from noise. In order to mitigate the potential impact of the three detached dwellings on the rear yards of existing abutting properties, it is recommended that the height of dwellings on the "wide-shallow" lots be limited to 9.0 metres. Due to the close proximity of the proposed detached units to existing rear yards of abutting properties, provisions in the Ontario Building Code will minimize the number of "openings" on the visible wall, assisting in the maintenance of privacy within the abutting rear yards. Recommended development standards to apply to the proposed detached dwellings are outlined in Appendix 1I to this Report, and would be implemented through the approval of the draft amending zoning by-law outlined in Appendix III to this Report. Reduced Setback Standards for Proposed Townhouse Unit 3- Block 4 Seven of the 8 townhouse dwelling units located within proposed Block 4 would comply with the existing zoning by-law. The proposed end unit at the east end of Block 4 would provide a minimum 2.6 metre front yard depth (whereas the zoning by-law requires a minimum 4.5 metre depth) and a minimum 5.0 metre rear yard depth (whereas the zoning by-law requires a minimum 6.0 metre depth). These proposed minor variations to the current zoning by-law requirements are supported. Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11 01 Date: July 30, 2001 Page 6 013 The reduced front yard depth provided to a portion of the proposed dwelling unit would encourage the dwelling to be sited prominently on the street, and would allow the introduction of a unique architectural feature that would enhance the resultant streetscape. The proposed attached garage for this dwelling unit would still be sited the minimum 6.0 metres from the front lot linc typically required by the City, ensuring that an appropriate off-street vehicle parking area is maintained. The reduced rear yard depth would be minimal, and an appropriate amount of open amenity area would be maintained both in the proposed rear yard and within the proposed "over-sized" side yard. The existing dwelling units immediately north of the proposed townhouse unit provide abutting rear yards that are greater than the minimum zoning by-law depth requirement, maintaining similar spacing between dwelling units as other locations in the plan. Recommended development standards to apply to proposed townhouse dwelling unit 3 - Block 4 are outlined in Appendix II to this Report, and would be implemented through the approval of the draft amending zoning bv-laxv outlined in Appendix III to this Report. Existing Zoning By-law The majority of dwellings proposed will comply with all requirements of the current zoning by-law applicable to the subject lands, and no zoning change is necessary to accommodate 39 of the proposed 40 townhouse dwelling units. The existing 12.0 metre maximum height limitation for dwelling units was reviewed through the previous zoning by-law amendment application submitted by the applicant, and deemed to be appropriate at that time (also with minimum 6.0 metre rear yard depths being established). Several of the dwelling units surrounding the subject lands support three-storey dwelling units. Some area residents expressed concern with the three-storey height of the proposed townhouse units located along the east side of the subject lands. Dwelling units contemplated through the initial zoning by-law review in 1999 were three storeys in height, and the applicant at that time provided renderings (attached to previous staff reports) confirming that three-storey dwelling units were being considered. The minimum distance separation between the proposed dwelling units and existing dwelling units would be at least 13.5 metres or greater, a maximum reduction of 1.5 metres from the typical 15.0 metre separation between residential dwellings backing onto one another. Staff consider the existing zoning standards to be appropriate within a "medium density" subdivision supporting a mix of dwelling types. The Applicant's Proposed Development Cross-Section, depicting the relationship between proposed three-storey townhouses and surrounding existing development, is provided for reference (see Attachment #8). A provision in By-law 5107/97, as amended by By-law 5636/00, requires 0.3 visitor parking spaces per townhouse dwelling unit to be provided and maintained on the subject lands. It is recommended that this provision be revoked as it was intended to ensure appropriate parking was available on the subject lands to serve a condominium development. Visitor parking provisions are not typically provided in zoning by-laws for freehold residential development. Appropriate parking arrangements will be available on-site (through the provision of 2 parking spaces per lot, one of which is within an attached garage), and temporary on-street parking will also be available. The three 'wide-shallow' lots will also provide additional opportunity for temporary on-street parking. The elimination of this by-law provision is recommended in Appendix II to this Report, and would be implemented through the approval of the draft amending zoning by-law outlined in Appendix IH to this Report. 0].4 Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 7 3.3 Technical Matters Fencing It is recommended that perimeter fencing previously proposed when the applicant contemplated condominium development on the subject lands be installed. Many area residents abutting the subject land understood at the time of purchasing their dwellings, that a fence would be installed following the final development phase of the subdivision. The owner has agreed to install the same 1.2 metre high black vinyl chain link along the mutual property lines abutting Lots 1 to 4 and Blocks 10 to 13, Plan 40M-1981 (as previously proposed). Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that this fencing will be installed. As the surrounding lands have been developed in phases, and the subject lands represent the final development phase of the subdivision, many abutting properties have existed without fencing along their rear property lines. Area residents expressed concern with the timing of the installation of the recommended fencing. A specified time frame would be inappropriate to impose, as final grading of the proposed lots may not be completed within that specified time frame, and damage to the fence would result. It is recommended that all required perimeter fencing be installed by the owner prior to any proposed dwelling units being occupied in this project. Prior to the installation of the permanent fence, a temporary construction fence will be erected and maintained. Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that both temporary and permanent fencing will be installed around the perimeter of the subject lands. Proposed Road Design The proposed 18 metre wide public street, providing a decreased road allowance width from the typical 20 metre wide public street, is appropriate when shorter streets terminating in a cul-de-sac are proposed. The proposed "turning circle" would be constructed to the typical City standard. In order to maintain appropriate lotting, to provide pedestrian access to Altona Road, and to ensure sufficient area for decorative fencing and landscaping adjacent to Altona Road, a small front portion of the proposed irregularly-shaped lots abutting Altona Road (the proposed lot supporting Unit 12 - Block 5 and proposed Lot 3) may be required to form part of the proposed road allowance. Conditions of Approval recommended in Appendix I to this Report include provisions to ensure the owner satisfies the City respecting the final design of the proposed public road, the maintenance of pedestrian access onto Altona Road and proposed fencing (both noise attenuation fencing and decorative fencing) and landscaping adjacent to Altona Road. Proposed Amenity Areas for "Wide-Shallow" Lots The proposed outdoor amenity areas for the "wide-shallow" lots will be located generally within the side yards of these lots. The size of these areas are similar to the size of typical rear yard amenity areas proposed within this development. These areas are intended to be sodded. In order to ensure that a high quality streetscape is maintained, it is recommended that the applicant satisfy the City respecting the design of these outdoor amenity areas, incorporating boundary fencing and/or landscaping. The proposed treatments will be reviewed within the context of applicable existing City By-laws, including the City's Fencing By-law. Conditions of Approval recommended in Appendix I to this Report include provisions to ensure that the owner satisfy the City respecting the final design of proposed amenity areas on Proposed Lots 1 to 3. Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 8 01,5 Technical Reports It is recommended that the applicant complete an updated Noise Impact Study and a Phase I Environmental Site Assessment. Reports were previously submitted to support past development proposals, and require updates to reflect the new development proposed. These Report updates xvere requested by the Region of Durham, and are required by the City. The applicant will be further required to update previous Stormwater Management Plans and Site Servicing and Grading Plans to reflect the proposed new development. The previous reports submitted provide a suitable base of inIbrmation to ensure that the proposed development can be accommodated. Conditions of Approval recommended in Appendix i to this Report include provisions to ensure that the owner satisfy the City respecting the submission and approval of appropriate technical reports. Subdivision Agreement A future subdivision agreement betxveen the City and the owner of the lands will be required to ensure that all matters of interest to the City are protected. This required agreement, and several other development implementation matters, are incorporated into the recommended conditions of approval for this proposal found in Appendix I to this Report. Parkland These lands form part of the larger subdivision registered as Plan 40M-1981. As a condition of approval of that plan, the City acquired a parkette on the east side of Sparrow Circle which was intended to meet the parkland requirements of the whole subdivision, including the subject lands. Consequently, no additional parkland or cash-in-lieu of parkland is required for this final development phase. 4.0 Applicant's Comments The applicant has reviewed and concurs with the recommendations outlined in this Report. 016 Report to Council PD 29-01 Subject: Draft Plan of Subdivision Application SP-2001-01 Zoning By-law Amendment Application A 11/01 Date: July 30, 2001 Page 9 APPENDICES: APPENDIX I: APPENDIX II: APPENDIX III: Recommended Conditions of Approval for SP-2001-01 Recommended Conditions of Approval for A 11/01 Draft Amending Zoning By-law for A 11/01 ATTACHMENTS: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Property Location Map Applicant's Submitted Plan - Staff Recommended Plan Applicant's Proposed Building Elevations - Proposed Block 4 Applicant's Proposed Building Elevations - Proposed Lot 1 Applicant's Proposed Building Elevations - Proposed Lot 2 Applicant's Proposed Building Elevations - Proposed Lot 3 Applicant's Proposed Dwelling Sitings -"Wide-Shallow" Lots Applicant's Proposed Development Cross-Section Information Report No. 18-01 Minutes of the July 12, 2001 Statutory Public Meeting Agency Comment - Veridian Connections Agency Comment - Canada Post Agency Comment - Bell Canada Staff Comment - Development Control Supervisor Resident Comment - Ms. Terri Hume, 438 Sparrow Circle Agency Comment - Region of Durham Planning Department Prepared By: Approved / Endorsed by: Neil Carroll, MCIP, RPP Director, Planning & Development Lynda D. Taylor, MCIP, RPP Manager, Current Operations RST/LDT/pr Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council Thomas J. Quinn, Chief Administrative Officer APPENDIX I TO REPORT NUMBER PD 29-01 01.7 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLANS OF SUBDIVISION SP-2001-01 RECOMMENDED CONDITIONS OF APPROVAL FOR DRAFT PLAN OF SUBDIVISION SP-2001-01 1.0 GENERAL CONDITIONS 1.1 That this recommendation apply to the draft plan prepared by Grant Moms Associates Limited, prepared in May, 2001 (Project No. 96-10), for Draft Plan of Subdivision Application SP-2001-01 submitted by Mr. Grant Moms of Grant Moms Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to permit the development of 43 lots, 40 of which will support townhouse dwelling units and three of which wilt be "wide-shallow" lots supporting detached dwelling units, bearing the City's recommendation stamp. 2.0 PRIOR TO THE REGISTRATION OF THE PLAN: 2.1.1 That the owners submit a Draft 40M-Plan to be approved by the City Planning & Development Department. 2.1.2 That the implementing by-law for Zoning By-law Amendment Application A 11/01 become final and binding. 2.3 That the owner enter into a subdivision agreement with and to the satisfaction of the City which shall include, but not necessarily be limited to the following: 2.3.1 Storm Drainage (a) satisfaction of the Director, Planning & Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) satisfaction of the Director, Planning & Development Department that stormwater management techniques comply ~vith the stormwater management requirements set by the development of adjacent lands within plan of subdivisions 40M-1981 and 40M- 1827. 2.3.2 Grading Control and Soils (a) satisfaction of the Director, Planning & Development Department respecting submission and approval of a grading and control plan, with special emphasis on co-ordinating grades with adjacent plans of subdivision; (b) satisfaction of the Director, Planning and Development Department respecting the submission and approval of a geotechnical soils analysis. 2.3.3 Road Allowances (a) satisfaction of the Director, Planning & Development Department respecting construction of internal roads with curbs, storm sewers, sidewalks and boulevard designs to maximize front yard space without impeding services or the safe operation of the streets. 2.3.4 Sidewalks (a) That the owner construct a sidewalk along the new public street to the satisfaction of the Director, Planning & Development Department, including an access connection to the future sidewalk on Altona Road where the proposed cul-de-sac terminates. -2 2.3.5 Construction / Installation of City Works & Services (a) satisfaction of the City respecting arrangements for the provision of all services required by the City; (b) satisfaction of the appropriate authorities respecting arrangements for the provision of undergTound wiring, street lighting, cable television, natural gas and other similar services. 2.3.6 Dedications / Transfers Conveyances (a) the dedication of all road allowances with the proper comer roundings and sight triangles to the City; (b) that the owner convey to the City: (i) (ii) Block 11 for walkxvay purposes; and. any other easements as required. 2.3.7 Construction Manaeement Plan (a) that the owners make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) (ii) (iii) (iv) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls; addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street: ensurance that the City's Noise Bv-laxv will be adhered to and that all contractors, trades and suppliers are advised of this By-law; the provision of mud and dust control on all roads within and adjacent to the site. 2.3.8 Development Charges (a) satisfaction of the City financially with respect to the Development Charges Act. 2.3.9 Co-ordinated Development (a) satisfaction of the City with respect co-ordination of services and roads development that may be required. to arrangements necessary to provide for with adjacent lands and any phasing of 2.3.10 Fencing (a) satisfaction of the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works; (b) satisfaction of the City with respect to the provision of a 1.2 metre high black vinyl chain link fence were the subject lands abut Lots 1 to 4, and Blocks 10 to 13, Plan 40M-1981, to be installed prior to the first occupancy of any dwelling units contained in this Plan. 2.3.11 Street Tree Planting (a) the submission of a street tree planting program to the satisfaction of the City. 020 -3- 2.3.12 Design Planning (a) the satisfaction of the Director, Planning & Development Department respecting a report outlining siting and architectural design objectives for the development, and the submission of site plans and architectural drawings identifying how each unit meets the objectives of the report, prior to the issuance of any building permit for the construction of a residential unit on the lands; (b) the report outlining siting and architectural design objectives for the development must address building envelopes, house designs, siting, and streetscapes as well as garage designs, locations, massing, and projection from the main dwelling; (c) the report outlining siting and architectural design objectives for the development must place special emphasis on building elevations and unit siting that is in keeping with the character of existing development; (c) the report outlining siting and architectural design objectives for the development must address driveway placement and curb cut location on the proposed public road to ensure adequate room is maintained to accommodate street furniture and boulevard landscaping; (d) the report outlining siting and architectural design objectives for the development must address unique standards for the proposed "wide-shallow" lots (Proposed Lots 1 to 3) including the treatment and demarcation of outdoor amenity areas (in compliance with the City's Fencing By-law), the placing and alignment of driveways, limiting dwellings sited on those lots to two-storeys in height, providing maximum rear yard depths for units directly abutting the rear vards of existing development and any other unique design features; (e) that the owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing adjacent to Altona Road. 2.3.13 Noise Attenuation (a) that the owners satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features satisfactory to the Ministry of the Environment, the Region of Durham, and the City of Pickering. 2.3.14 Engineering Drawings (a) that the owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works. (b) that the owner satisfy the City respecting details and design of fencing and landscaping along the west property limit of the development abutting Altona, with particular emphasis on the perimeter treatment between Altona Road noise attenuation fencing and the area for future public sidewalk access to Altona Road, adjacent to the terminus of the new street. APPENDIX II TO REPORT NUMBER PD 29-01 021 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 11/01 That the implementing zoning by-law: (a) continue to permit multiple dwelling - horizontal dwelling units (townhouses) and permit a maximum of three detached dwellings. (b) permit the establishment of three "wide-shallow lots" established in accordance with the following provisions: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) minimum minimum minimum minimum minimum minimum lot area of 200 square metres; lot frontage of 20 metres; front vard depth of 2.6 metres; rear yard depth of 1.2 metres; side vard width of 2.7 metres: flankage side vard width of 2.7 metres: maximum building height of 9.0 metres: minimum goss floor area of 100 square metres: maximum of one dwelling unit per lot: maximum lot coverage of 50 percent: no garage projection beyond the main front wall of the dwelling unit; and, minimum one private attached garage, any vehicular entrance located no less than 6.0 metres from the front lot linc. and supporting one additional off-street parking space. (c) maintain the same existing zoning provisions outlined for townhouse dwelling units in Zoning By-law 5107/97, as amended by By-law 5636 00, save and except: (i) (ii) the provision of a minimuin front vard depth of 2.6 metres and a minimum rear yard depth of 5.0 metres onlv for proposed townhouse Unit 3 Block 4; and, eliminating the requirement to provide and maintain a minimum of 0.3 visitor parking spaces per townhouse dwelling unit. 022 APPENDIX III TO REPORT NUMBER PD 29-01 AMENDING ZONING BY-LAW TO IMPLEMENT ZONING BY-LAW AMENDMENT APPLICATION A 11/01 THE CORPORATION OF THE CITY OF PICKERING 0 ~ 3 BY-LAW NUMBER Being a By-law to amend Bv-laxv 5107/97, as further amended by By-law 5636/00, which amends Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Block 14 and Part of Block 19, Plan40M-1981, in the City of Picketing. (All01;SP-2001-01) WHEREAS the Council of The Corporation of the City of Picketing approved By-laws 5107/97 and 5636/00, amending Restricted Area (Zoning) By-law 3036, as amended, to permit the development of a range of medium density dwelling t.,,pes on Part of Lot 32 and 33, Concession 1, in the City of Pickering; AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable to permit, in addition to medium density d',', elling types, the development of 3 detached residential units on "wide-shallow" lots and to amend certain performance standards previously established on the lands applicable to one townhousc dwelling unit on the lands, being Block 14 and Part of Block 19, Plan 40M-1981, City of Picketing; AND WHEREAS an amendment to By-law 510797, as amended by By-law 5636/00 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I e (1) Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-laxv. (2) Schedule I attached hereto and forming part of this Bv-law is hereby inserted as Schedule II to By-law 5107/97, as amended by By-law 5636/00. to form part of that By-law. TEXT AMENDMENTS (1) Section 1. of By-law 5107/97, as amended by By-law 5636/00, is hereby revoked and the following is substituted thereto: "1. SCHEDULE I AND II Schedule I and II attached hereto with notations and references shown thereon is hereby declared to be part of this By-law." (2) Section 4. of By-law 5107/97, as amended by By-law 5636/00, is hereby amended by re-alphabetizing Subsection ( 1 ) and bv adding thereto the following subsection: "(c) "Dwelling, Detached or Detached Dwelling2 shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures;" 024 -2- (3) Section 5.1 of By-law 5107/97, as amended by By-law 5636/00, is hereby revoked and the following is substituted thereto: "5.1 PROVISIONS ("RM1-5" Zone) (1) (2) Uses Permitted ("RM1-5" Zone) No person shall within the lands designated "RM1-5" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following residential uses: (a) detached dwelling residential use (b) multiple dwelling - horizontal ("RM1 5" Zone Requirements - Zo No person shall within tt~l~a~es~gnated this By-law use any l~~[[~lter or use any building except in accordance pro~ons: "RM1-5" on Schedule I attached to 200 square metres 95 square metres 20 metres 4.8 metres detached dwelling 2.6 metres multiple dwelling - horizontal 4.5 metres despite subsection B above, on the lands shaded on Schedule II to this By-law, a multiple dwelling - horizontal may provide a minimum front yard depth of 2.6 metres; with the following (a) LOT AREA (minimum per dwelling unit): A detached dwelling B multiple dwelling - horizontal (b) LOT FRONTAGE (minimum per dwelling unit): A detached dwelling B multiple dwelling - horizontal (c) FRONT YARD DEPTH (minimum per dwelling unit): A B C (c) INTERIOR SDE YARD WDTH (minimum per dwelling unit): A B detached dwelling multiple dwelling - horizontal 2.7 metres 1.2 metres except that (i) where dwelling units on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; (ii) where dwelling units on abutting lots share a common wall and one of those dwelling units has an extension of that common wall that extends along the common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling unit is located; (iii) where dwelling units on abutting lots share a common wall and one of those dwelling units has an extension of that common wall that does not extend along the common interior side lot line; (a) -3- a minimum 1.2-metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling unit is located if an abutting interior side yard is not provided on the other lot. or (b) a minimum 0.6-metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling unit is located if an abutting interior side yard is provided on the other lot: (e) FLANKAGE SIDE YARD WIDTH (minimum): A B detached dwelling multiple dxx elling - horizontal: 2.7 metres (i) 2.7 metres; or ~ ~~ra (ii) 2.0 metres from arv road REAR YARD DEPT~.~}~~m per dwelling unit): A detached dwe.~ B multiple dwelling - horizontal C 1.2 metres 6.0 metres despite subsection B abox e. on the lands shaded on Schedule II to this By-law, a multiple dwelling horizontal may provide a minimum rear yard depth of 5.0 metres; (g) LOT COVERAGE (maximum per dwelling unit): 50 percent for detached dwellings (h) BUILDING HEIGHT (maximum): A B detached dwelling multiple dwelling horizontal 9.0 metres 12 metres (i) DWELLING UNIT/BUiLDING REQUIREMENTS: A detached dwellings: (i) minimum ~oss floor area-residential of 100 square metres per dwelling unit; and (ii) maximum one dwelling unit per lot; and B multiple dwelling- horizontal: (i) minimum ~oss floor area-residential of 95 square metres per dwelling unit; (ii) minimum unit width 4.8 metres; (iii) maximum one dwelling unit per lot; (iv) maximum 8 units per Multiple Dwelling - Horizontal; and (v) the horizontal distance betxveen buildings shall not be less than 2.4 metres (j) PARKING REQUIREMENTS: A there shall be provided and maintained on a lot a minimum of one private garage per dwelling unit attached to the main building, any vehicular entrance of which shall be located not less than 6 metres from the front lot line and not less than 6 metres from any side lot line immediately adjoining a street or abutting a reserve on the opposite side of which is a street; 026 o o -4- B for detached dwellings, no part of any attached private garage shall extend beyond the wall containing the main entrance to the dwelling unit; C for multiple dwellings - horizontal, no part of any attached private garage shall extend more than 2.0 metres beyond the wall containing the main entrance to the dwelling unit, except (i) where a covered and~il[~sed porch or verandah extends a minimumof 1 L~t~~.8 tide wall containing the main entrance to the dwelling~~-~rt of any attached private garage shall extend more th~'3~l) metres beyond the wall containing the main entrance to the dwelling unit, or (ii) where a covered and unenclosed porch or verandah extends a minimum of 2.4 metres from the wall containing the main entrance to the dwelling unit, no part of any attached private garage shall extend more than 3.6 metres beyond the wall containing the main entrance to the dwelling unit. (k) SPECIAL REGULATION: A no more than 3 detached dwellings may be located on the lands designated "RM1-5" on Schedule I attached to this By-law." BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing, subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this day of ,2001. DR FJ Wayne Arthurs, Mayor DR Fr Anne Greentree, Deputy Clerk RMM-2 027 RMM-2 RMM-2 RMM-2 126.2m E~L~CK 1;6 ~t_0Cg 115 / I ~ I I I ~11 I I I i i I I I I i SPARROW C~R,S_E 55 Om ~LOCK 20 SCHEDULE Tr TO BY-LAW AS AMENDED BY BY-LAW 5656/00 SCHEDULE T TO BY-LAW PASSED THIS DAY OF MAYOR 2001 DEPUTY CLERK O?8 ATTACHMENT #_. I TO FINCH AVENUE FINCH AVENUE ~ ' ~ TRANQUIL AVENUE Ci~ of Picketing Planning & Development Depa~ment PROPER~ DESCRIPTION BLOCK 14 AND PART OF BLOCK 19, 40~-1981 OWNEH DANLU HOLDINGS LTD. DATE JUN 20, 2001 D~WN BY APPLICATION No. 8P-2001-01; A 11/01 SCALE 1:7500 CHECKED BY FOR DEPARTMENT USE ONLY ~N-lO ~TTACHMEN'r #_,~T0 029 APPLICANT'S PROPOSED SUBDIVISION PLAN SP-2001-01; A 11/01 ,CK 14 4~M 1981 THISk~APWAS PRODUCED BY THE £~FY OF P~CKERING PLANNING & DEVELOPMENT DEPART~EN~ INFOR~T/ON ~ SUP~RT SER~CES. JUNE 2~, 2001, 030 /~TTACHMENT #. '~) TO APPLICANT'S PROPOSED BUILDING ELEVATIONS SP-2001-01; A 11/01 DANLU HOLDINGS LTD BLOCK 4 ~E!iiiiiiiiiii!i!i2i!i; """""""""""'*'"'"""""""'""'""""~"'""""'""" . 51DE ELEYATION THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JULY 27, 2001. ATTACHMENT ~_, _~__.T0 APPLICANT'S PROPOSED BUILDING ELEVATIONS PROPOSED LOT 1 SP-2001-01; A 11/01 DANLU HOLDINGS LTD Fi~.ONT ELEVATION LOT 1 LEFT 51DE ELE~'ATION i~IGHT SIDE ELEV'ATION REAR ELEVATION LOT I THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JULY 27, 2001 O32 ~ATTACHMENT #_.~T0 APPLICANT'S PROPOSED BUILDING ELEVATIONS PROPOSED LOT 2 SP-2001-01; A 11/01 DANLU HOLDINGS LTD FRONT ELEVATION LOT 2 LEFT 61DE ELEVATION !,,I,,,,' ::::::::::::::::::::::::::::::::::::::::::::::::::: RIGHT $1~:)E ELEYATION j LOT 2 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JULY 27, 2001 ATTACHMENT #._~r ,TO REPORT # PD~ APPLICANT'S PROPOSED BUILDING ELEVATIONS PROPOSED LOT 3 SP-2001-01 A 11101 DANLU HOLDINGS LTD 033 FRONT ELEVATION LOT 3 RI,SHT &I~E ELE%/,ATION LEFT 51DE ELEVATION ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: LOT _5 ~E~ E~EVAT~ON THISMAP WAS PRODUCED BY THE CITY OF PICKERtNG PLANNING & DEVELOPMENT DEPARTMENT INFORMATION & SUPPORT SERVICES JULY 27, 2OO1 034 ATTACHMENT f ~ TO REPORT ~ PD ~ q - ~) t APPLICANT'S PROPOSED DWELLING SITINGS "WIDE SHALLOW" LOTS SP-2001-01; A 11101 DANLU HOLDINGS LTD 52.50 -- ~.UN! T 1 10.83 '0 EX RLCB TOP 131 9'--' " UNIT 2 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JULY 27, 2001 ATTACHMENT I~T0 ~PORT ~ PD~ APPLICANT'S PROPOSED DEVELOPMENT CROSS SECTION SP-2001-01; A 11/01 DANLU HOLDINGS LTD 035 WEST 1 i L 8LOC[10 l,IW)gtl CROSS SECTION: BUILDING HEIGHT AND SETBACKS SC. ALE: 1/32"=1'-0" EAST BLOC[ THiS MAP WAS PRODUCED BY THE CITY OF PICKERiNG PLANNING & DEVELOPMENT DEPARTMENT INFORMATION & SUPPORT SERVICES, JULY 27, 2001 036 ATTACHMENT #_..~ TO ~?ORT # PD "'~-~l _ PICKERING INFORMATION REPORT NO. 18-01 FOR PUBLIC INFORMATION MEETING OF July 12, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2001-01 Zoning By-law Amendment Application A 11/01 Danlu Holdings Limited Block 14 and Part of Block 19, Plan 40M-1981 (Lands east of Altona Road, and south and west of Sparrow Circle) City of Pickering 1.0 2.0 PROPERTY LOCATION AND DESCRIPTION the subject lands are located on the east side of Altona Road, and south and west of Sparrow Circle, and are currently vacant; a property location map is provided for reference (see Attachment #1 ); recently-constructed residential dwelling units (semi-detached, townhouse and quadruplex units) surround the subject lands to the north, east and south, and form part of Plan of Subdivisions 40M- 1981 and 40M- 1827; an Ontario Hydro Corridor and lands zoned "G" - Greenbelt and "A" - Agricultural (and supporting a detached residence) are located west of the subject lands across Altona Road. APPLICANT'S PROPOSAL the applicant proposes to create "freehold" lots to support 3 detached dwellings and 40 townhouse units fronting onto a new public street; the applicant's proposed subdivision plan is provided for reference (see Attachment #2); the proposed lots supporting detached dwellings would be "wide-shallow" lots providing frontages of approximately 20 metres and lot areas of approximately 200 square metres; the proposed lots supporting townhouse units would comply with the current lot size requirements in the zoning by-law applicable to the subject lands, which requires a minimum lot frontage of 4.8 metres and a minimum lot area of 95 square metres; the proposed zoning by-law amendment would permit the 3 detached dwellings to be constructed, and would establish specific zoning standards for that development to adhere to; the applicant intends to construct the proposed townhouse units in conformity with the current zoning provisions applicable to the subject lands, save and accept a reduction in the required minimum 6.0 metre rear yard depth to 5.0 metres and reduction in the minimum 4.5 metre front yard depth to 2.6 metres provided by one townhouse unit (located on proposed Block 4 - Unit 3 on the enclosed subdivision plan); the reduced front yard depth proposed by the applicant for the one proposed townhouse unit was not explicitly specified in the original notice circulated for this application (but is shown on the applicant's proposed subdivision plan); a table outlining applicable zoning standards for the proposed townhouse units and a listing of the proposed zoning standards for the detached dwellings is provided in Appendix II to this Report. Information Report No. 18-01 ATTACHMENT #..~. TO ?-d~PORT # PD~ Page 2 037 3.0 4.0 4.1 4.2 4.3 BACKGROUND in September, 1997, the owner received approval of a zoning change to allow a range of housing types to be established on the subject lands (including semi-detached, townhouse and quadruplex dwelling units): the subject lands were zoned in conjunction with surrounding lands that now support a variety of housing t,,,yes, and form pan of Plan of Subdivision 40M- 1981; at that time, 55 condominium townhouse units were contemplated on the subject lands; in 1999, the owner applied to amend the zoning on the subject lands to allow only townhouse units, with revised development standards to implement a proposed 64-unit condominium townhouse development; through the review of that zoning by-law amendment application, and in order to maintain appropriate development standards, tile applicant's plan was revised, proposing a 54-unit condominium townhouse development; that zoning change, as revised, was approved by City Council in 2000, and the owner subsequently applied for approval of a plan of condominium (Draft Plan of Condominium Application 18-CDM-97006); the applicant has not pursued the submitted draft plan of condominium, and this new subdivision application proposing 40 townhouse units and 3 detached dwellings is intended to replace that condominium application. OFFICIAL PLAN AND ZONING Durham Regional Official Plan identifies the subject lands as being within a "Living Area", where development is intended to be predominantly for housing purposes: the proposal appears to conform to this designation. Pickerinll Official Plan identifies the subject lands as being located within an "Urban Residential - Medium Density Area" within the Highbush Neighbourhood', - permissible uses within this designation include residential uses, including both detached and townhouse dwelling units; - the Plan establishes a density range lbr residential development within this designation of over 30 and up to, and including, 80 units per net hectare; - the proposed development would provide a net site density of approximately 60.9 units per hectare (based on the proposed 43 lots being developed on approximately 0.71 of a hectare o f land): - the applicant's proposal conforms to the policies of the Plan; - in establishing performance standards, restrictions and provisions Ibr development within Urban Residential Areas, City Council shall have particular regard to protecting and enhancing the character of established neighbourhoods, considering such matters as building height, yard setbacks, lot coverage, access to sunlight, parking provisions and traffic implications; - Sparrow Circle is identified as a "Local Road", designed to carrv local traffic and to provide access to individual properties, to other local roads and collector roads; - the proposed new public street serving the proposed development would function as a "Local Road". Zonin B -law 3036 as amended the subject lands are currently zoned "RM1-5" - Multiple Attached Residential Dwelling Units, by Zoning By-lav,' 3036, as amended by By-laws 5107/97 and 5636/00; 038 Information Report No. 18-01 ATTACHMENT ~_...._..TO ~EPORT # PD~ Page 3 5.0 5.1 5.2 5.3 the existing zoning permits only multiple attached townhouse dwelling units on lots providing a minimum lot frontage of 4.8 metres and a minimum lot area of 95 square metres; an amendment to the zoning by-law is required to allow the development of 3 detached dwelling units to be established on "wide-shallow" lots, and to consider a reduction in the current minimum rear yard depth and front yard depth requirements in the zoning by-law to accommodate the siting of one proposed townhouse dwelling unit (identified as Block 4 - Unit 3 on the applicant's proposed subdivision plan); the current zoning by-law requirements for townhouse dwelling units and the applicant's proposed development standards to be applied to the 3 proposed detached dwellings are outlined in Appendix 1/to this Report. RESULTS OF CIRCULATION (See Attachments #3 to #8) Resident Comments no resident comments have been received to-date; Agency Comments Veridian Connections - has no objection to the proposed development and requests a copy of first submission civil design plans so they can complete a preliminary design and estimate (see Attachment #3); Canada Post - requests conditions of draft approval regarding the location and installation of a temporary and permanent Community Mailbox, and required sidewalk, boulevard and curb works serving the mailbox (see Attachment #4); Bell Canada - requests conditions of draft approval be imposed on their behalf addressing the location and installation of under~ound servicing (see Attachment #5); No Objections or Concerns: - Durham District School Board, Hydro One Networks Inc. and Durham Catholic District School Board (see Attachments #6 to #8 respectively). Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · ensuring that the proposed development is compatible with, and sensitive to, surrounding existing residential development; · ensuring that the proposed street, lotting pattern and dwelling designs maintain a high quality residential streetscape; · reviewing supporting technical submissions and reports to ensure that adequate information is provided, that technical requirements are met and that previous commitments made through the approval and review of past applications is maintained; and, · reviewing the implications of "wide-shallow" lots, including the treatment of associated amenity areas, the impact of dwellings on these lots located close to abutting rear yards of other properties, and determining their impact on the resultant streetscape. information Report No. 18-01 ATTACHMENT # ~ TO 3EPORT # PD~~ Page 4 039 6.0 7.0 7.1 7.2 PROCEDURAL INFORMATION written comments regarding this proposal stnould be directed to the Planning & Development Department: oral comments may be made at tine Public h~formation Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department l~br a subsequent meeting of Council or a Committee of Council: if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the public meeting, or make written submissions to the Regional Municipality of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal; if you wish to reserve tine option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. OTHER INFORMATION Appendices Appendix I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this report; Appendix II - outline of existing zoning requirements and proposed development standards applicable to this proposal. Information Received full scale copies of tine Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; the City of Pickering is in receipt of a Planning Report, prepared by Grant Moms Associates Limited. and dated March 26.2001, which contains the following technical information provided through the consideration of previous draft plan of subdivision 18T-97001. which contains the subject lands: · a Stormwater Management Design Brief, prepared by Sabourin Kimble & Associates Ltd., and dated December, 1996; · a Preliminary Site Servicing and Grading Plan and Brief, dated December, 1996; · a Detailed Noise Control Study, prepared by S. S. Wilson Associates, and dated August 3, 1999, and accompanying addendum, dated September 9, 1999; · an Archaeological Assessment, prepared by Archaeological Services Inc., and dated August 21, 1997; · an Edge Management Report, dated December. 1996. and Tree Preservation Report, dated Janua0' 10. 1997, both prepared bv Paul Cosbum Associates Limited; and, · a Phase I Environmental Site Assessment, dated September 17, 1996, and Geotechnical investigation, dated September, 1996, both prepared by V. A. Wood Associates Limited; the need for updated information an&'or addendums to these reports will be determined through the review and circulation of the applicant's current proposal. O4O Information Report No. 18-01 ATTACHMENT #~TO Page 5 7.3 Companv Principal - the applicant, Mr. Grant Moms, advises that the principal of Danlu Holdings Limited is Mr. Rick D'Andrea. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ron Taylor Planner 2 Lynda Taylor, MCIP, RPP Manager, Current Operations RST/pr Copy: Director, Planning & Development Department ATTAC;Hk',EI,J7 ~_ .~._.___TO 041 APPENDIX I TO INFOICMATION REPORT NO. 18-01 COMMENTING RESIDENTS AND LANDOXVNERS (1) none to date COMMENTING AGENCIES (2) (3) (4) (6) Veridian Connections Canada Post Bell Canada Durham District School Board Hydro One Networks Inc. Durham Catholic District School Board COMMENTING CITY DEPARTMENTS (1) Planning & Development Department 042 A'I-I'ACHMENT,~_. ? TO REPORI ~ PD ~-~ t APPENDIX II TO INFORMATION REPORT NO. 18-01 Existing and Proposed Zoning Provisions Draft Plan of Subdivision S-P-2001-01 Zoning By-law Amendment Application A 11/01 ZONING PROVISIONS TOWNHOUSE UNITS (zoning standards required through By-law 5107/97, as amended by By-law 5636/00) DETACHED DWELLINGS (applicant's proposed zoning standards to be applied to "wide shallow" lots) Lot Area (minimum) 95 square metres 200 square metres Lot Frontage (minimum) 4.8 metres 20 metres Front Yard Depth (minimum) 2.6 metres 4.5 metres (proposed 2.6 metre minimum front yard depth for proposed Block 4 - Unit 3 only) Side Yard Width (minimum) 1.2 metres, 0 metres, or, 4.0 metres 0 metres, 0 metres 2.7 metres Flankage Side Yard Width (minimum) 6.0 metres (proposed 5.0 metre minimum rear yard depth for proposed Block 4 - Unit 3 only) Rear Yard Depth (minimum) To be determined (applicable to proposed Lot 1) 1.2 metres Building Height (maximum) 12 metres To be determined Gross Floor Area (minimum) 95 square metres 2.4 metres · 4.8 metre minimum unit width · one private garage per unit, providing minimum 6.0 metre setback Building Separation (minimum) Other Specific Provisions To be determined (100 square metres is typical City standard for detached dwellings) To be determined To be determined, including consideration of: · garage projection · parking requirements and For a complete listing of all applicable zoning provisions for townhouse dwelling units, please refer to City of Picketing By-law 5107/97, as amended by By-law 5636/00. Although the applicant has requested a number of specific zoning provisions to apply to the proposed detached dwelling units, alternatives may be recommended by the Planning & Development Department to maintain City by-law standards. AT'rACHMENT/~ I ~ TO Excerpts of Statutory Public information Meeting Minutes of Thursday, Jul>' 12, 2001 043 STATUTORY PUBLIC INFOR31ATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, July 12, 2001 at 7:00 p.m. in the Council Chambers. The Manager, Policy Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (II) DRAFT PLAN OF SUBDIVISION SP-2001-01 ZONING BY-LA'O,' AMENDMENT APPLICATION A 11/01 DANLU HOLDINGS LIMITED BLOCK 14 AND PART OF BLOCK 19, PLAN 4051-1981 (LANDS EAST OF ALTONA ROAD, AND SOUTH AND WEST OF SPARROW CIRCLE) Ron Taylor, Planner II, provided an explanation of the application, as outlined in Information Report # 1 $-01. Grant Moms, representing the applicant noted that when Phase 2 of this development was approved, the zoning included a provision to accommodate this application. Bruno D'Amato, 338 Sparrow Circle, stated that the height of the proposed units will be up to 12 metres and he is concerned about the effect this will have on property values, privacy and the institutional look this will have to abutting residents. The proposed setback of six metres will block sunlight to abutting properties after 3:30 p.m. He noted that he has not seen any drawings of what is proposed for the three single detached homes and Block 4. The owner of 438 Sparrow Circle asked him to note that he is concerned about the proposed house being constructed very close to his house. The area residents want the proposed townhouses reduced from three stones to two stories, the rear yard setbacks to be increased from six metres to seven metres, remove the single detached lots and provide plans for the proposed units. He is concerned that the chain link fence may not be installed. The existing residents bought their homes based on Phases 2 and 3 and he noted that Phase 3 is very different from what was proposed originally. Jeff Bowers, 345 Sparrow Circle, stated that he bought his unit in a quadraplex based on the proposal for Phase 3 which has now changed. He feels his unit will loose value with what is now proposed. Russ Piper, 355 Sparrow Circle, stated that he also bought his townhouse based on a proposal for Phase 3 and noted that Phase 2 was developed very differently from what was proposed. Cindy Hubert, 366 Sparrow Circle, stated that this application will not enhance the character of the neighbourhood and noted that the proposed units will cut down on the amount of sunlight reaching her property. 044 ATTACHMENT ~ I ~ TO REPORT # PD '~'~ ("~l o 10. 11. 12. 13. 14. 15. Grant Moms, representing the applicant, stated that the applicant went to great lengths to ensure that the zoning was in place for Phase 3 so that prospective buyers in earlier Phases would be aware of what was proposed for the subject lands. He noted that the municipality does not require a fence between these types of development and although a fence was shown on an engineering plan, he noted that that was when a condominium development was proposed. A four-foot fence will be built between the existing development and the subject lands. The Zoning By-law addresses the height of twelve metres and felt that there would be no loss of property value because a three-story unit backs onto a two-story unit. He noted that the density of the application has gone from a 54 unit townhouse condominium to 43 freehold townhouses plus three single detached houses. He agreed to address the concerns about the three lots zoned for single detached dwellings. The architect will be asked to provide detailed sketches of the proposed houses before Council approves this application. A great deal of time was spent with the architect to ensure that the proposed development is in character with the existing development. He noted that none of the proposed units would have balconies that overlook the existing lots. Martin Fram, 362 Sparrow Circle, asked when and where the four-foot fence will be constructed. He asked that the style of homes should be what was originally proposed, namely two story houses. Bruno D'Amato, 338 Sparrow Circle, stated that he would like the applicant to give a timeframe on when the fence will be constructed. He stated that the three story unit is not in character with the existing neighbourhood and that a parkette was planned in this Phase but has now been removed. He asked the applicant what he based his statement on that the property value of a two story unit abutting a three story unit would not be affected. Grant Morris, representing the applicant, stated that the parkette was removed because the original plan was for a condominium development and the parkette was for the use of the condominium owners only. An unidentified man stated that when he purchased his property in 1999, the sales personnel implied that there would be a parkette for public use. He asked what will happen if the builder faces delays in constructing the proposed units. He noted that the houses are being built in pockets and the residents don't know what is being constructed and that property values will be affected by the three story units. Russ Piper, 355 Sparrow Circle, stated that he has been in his house for two years and it has not yet been sodded and therefore other timelines set by the builder cannot be expected to be met. He has a signed contract with the builder that certain development would take place. Roma Wohlfeiler, 356 Sparrow Circle, asked that the developer erect a safety fence when this phase is under construction so that children cannot enter the construction area. Bruno D'Amato, 338 Sparrow Circle, stated that the two trailers currently on the subject lands be relocated closer to Altona Road and asked if the fence in question will be installed after the completion of Phase 2 or Phase 3. A definite deadline should be established for the construction of the fence. Terri Hume, 438 Sparrow Circle, stated that she wanted to meet with the applicant's representative. ATTACHMENT ~-.LL,~TO P, EPORT ~ PD_~,~T.,,~ JUL 1 7 ZOU1 C~[Y OF PICKESING ~- L,~ NNING ,AND OEVELC?ME~NT DE p,~ RTMENT 045 VERIDIAN CONNECTIONS DEV'ELOP~NT APPLICATION REVIEW 10. 11. 12. Electric Service is available on thc road allowance(s) touching ~Ris ptoperts'. ServiCmg will be from north ]=g of Sp~ro~v Circle, south side. An cxtcnsion of the Corporation's plant {~ requ.ked on the road allowance m ordc~ to service dzis project ,~ O,amcr',s cost - amoumt to be determine& All such extensions arc normally underground. Individual metering for each urge is reqUared. The folio,ring standard fixed fee costs ,-,flu apply (all figures are =pprox-tmam): Service Connection Fee $130.00 per umt Existmg Corporation plant on Sparrow Circle may have to be replaced/'=¢tocated at the Applicant's cost to accommodate thc proposed new road,*'ay. The Applicant must make direct application to the Corporat/on to obtam specific approval of the electrical service ~raogements and re!need work for trig project. Thc apphcant is caut2oned that tenders, coneracts, work initiated prior to obtammg specafic approval ~xll be subject to change. A Servic~g Agreement must be signed witt~ the Corporation in order to obtam serWcing tot this site. All work from the public road allowance to the seer/cc entrance and tl~= metenng arrangements must comply with the Corporation's rcclulrements and sp=cificaUons. Prior to energizing any new set-'icc, the Applicant shall apply to the Corporation's Customer Carc Deparm~cmt to open an energy account. Prior to obtaining a building p~-~it, the Apphcant shall, by agreement, confirm acceptance of the tctxns and condi6.ons of providing elccteical service. Landscaping, specifically ~ees, should be located aw-ay from the Corporation's transformer, to avoid interference w/th equipment access. W'AI not attend scheduled City of Picketing DART Meeting for tlSs d¢,,elopment. 30 'd 0120 619 506 'ON X~ 046 A'I'rACHMENT REPORT d PD .TO Page 2 V1FSLIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW 14. Other: Concrete encasemc~at of the primary and secondary cables xvil! be necessary within thc existing 9.0m sanitary sewer easement tuaning through the propes:ty. Vex4dian Connections h~s ~o objection to the proposed development. Please forward a copy of futst subnUssion civil design so that ~ preliminary design and estimate can be completed. Technical Representative - Dave ]3ell Telephonc 427-9870 Ext. 323.3 PP/dr Rev. Date: November 1, 1999 E0 'd 0~0 6~9 906 'ON ATTACHMENT ~,~~0 '~EPOFIT # PD 047 DELIVERY PLANN ING 1860 MIDLAND AVE 2ND FL. SCARBOROUGHON MIP 5Al (416)285-$385 (T) (416)285-7624 (F) June 28,2001 Mr. R. Taylor Planning & Development City of Pickering 1 The Esplanade Pickering On L 1V 6K7 RE: DRAFT PI. AN OF SUBDIVISION APPLICATION S-P-2001-01 ZONING BY-LAW AMENDMENT APPI_ICATION A 11/01 DANLU ItOLDINGS LIMITEI) BLOCK 114 AND PART OF BLOCK 19, PLAN 4051-1981 (LANDS EAST OF .4A.TONA RI) AND SOUTH AND V~'I:~ST OF SPARROW3,' CIRCLE) CITY OF PICKERING Dear Mr. Taylor, Thank you for the opportunity to comment on the abovc noted application. As a condition of draft approval, Canada Post requires that the owner/developer comply with the following conditions: - The owner/developer agTees to include on all offers of purchase and sale, a statement which advises the prospective purchaser that mail delivery will be from a designated Community Mailbox. - The owner/developer will be responsible for noti~,ing the purchaser of the exact Community Mailbox locations prior to the closing of any home sale. - The owner/developer will consult with Canada Post Corporation to determine suitable locations for the placement of Community Mailbox and to indicate these locations on the appropriate servicing plans. RECEIVE[:) £, O48 ATTACHMENT #_.[ ~ TO ,qEPORT # PD '~,?//- (~ { _ -2- The owner/developer will provide the following for each Community Mailbox site and include these requirements on the appropriate servicing plans: - An appropriately sized sidewalk section (concrete pad) as per municipal standards, to place the Community Mailboxes on. - Any required walkway across the boulevard, as per municipal standards. - Any required curb depressions for wheelchair access. The owner/developer further agrees to determine and provide a suitable temporary Community Mailbox location(s), which may be utilized by Canada Post until the curbs, sidewalks and final grading have been completed at the permanent Community Mailbox locations. This will enable Canada Post to provide mail delivery to new residence as soon as the homes are occupied. I trust that this information is sufficient, however, should you require further information, please do not hesitate to contact me the above number or mailing address. Sincerely, Debbie Greenwood Delivery Planner a:utildraw.sam ATTACHMENT # --~'~'Z'~ TO O49 Bell Right of Way F1 5 - 100 Borough Drive Scarborough, Ontario M1P 4W2 Tel: 416 296-6291 Fax: 416 296-0520 RECEIVED JUN 5 2001 CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT June 12, 2001 City of Pickering Planning Department Municipal Building 1 The Esplanade P~kering~ Ontario ATTENTION: Mr. N. Carroll RE: DRAFT PLAN OF Subdivision File No: S-P-2001-01 Danlu Holdings Limited Finch and Altona Lot 32, Concession 1 Town of Pickering Thank you for your letter of April 30, 2001 concerning the above proposed Subdivision. Would you please ensure that the following paragraphs are/ have been included as conditions of Draft Plan Approval: 1 - Bell Canada shall confirm that satisfactory arrangements, financial and otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipality to be installed underground; a copy o~ =,~¼ confirmation shall be forwarded to the Municipality. 2 - The Owner shall be requested to enter into an agreement (Letter of understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality and if no such conditions are imposed, the owner shall advise the municipality of the arrangement made for such servicing. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible for re- arrangements or relocation. If you have any questions, please contact: Sue Spataro at 416 296-6599. Manager - Right of Way 050 ATTACHMENT ~__.1 i~ TO REPORT ~ PD .'~.~q -I~ I PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 12, 2001 To: From: Subject: Ron Taylor Planner II Robert Start Supervisor, Development Control Draft Plan of Subdivision Application S-P-2001-01 Zoning By-law Amendment Application A 11/01 Danlu Holdings Limited Block 14 and Part of Block 19, Plan 40M-1981 (Lands east of Altona Road, and south and west of Sparrow Circle) We have reviewed the above-noted application and provide the following comments: 1) All easements required by the City for stormwater management purposes must be provided. 2) The engineering drawings for City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing, tree planting, etc., and financial obligations with respect to securities for these requirements must be to the satisfaction of the Planning & Development Department. 3) The developer will be required to enter into a subdivision agreement to satisfy the requirements of the City. 4) Block 14, 40M-1981 was proposed as a condominium during the development of Lots 1 to 6 and Blocks 7 to 13, 40M-1981, and as such, a fence was proposed along the rear of these properties where they abutted Block 14. Although our normal policy would not require this fencing now that Block 14 will be a similar development, this fencing will continue to be required as it was indicated on approved plans for Lots 1 to 4 and Blocks 10 to 13. s) Fencing will be required (wherever noise fencing is not required) where Block 14 is adjacent to Altona Road. The type to be determined and sidewalk access to the future sidewalk on Altona Road will remain. ATTACHMENT ~~TO %~?ORT # 051 Ron Taylor July 12, 2001 Page 2 6) A construction management plan approved by the Planning & Development Department will be required and must contain but not be limited to the following: a) b) c) d) e) Details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls. The parking of vehicles during servicing and house construction must be addressed with locations identified that will not impede tile flow of traffic or access by emergency vehicles on either existing streets or future Street "A". The storage of constrttction material and house building material must be addressed and locations identified that will not restrict access to the site or impede the traffic on existing streets and future Street Ensure that the City's Noise By-law is adhered to and that all contractors, trades and suppliers for this site are advised of'this By-law. Provide mud and dust control on ali roads within tile site and adjacent to the site. 7) Bock 7 may have conflicts with driveway access to the road and tile possibility of crossing the extended lot lines of adjacent blocks. This will need to be further addressed to ensure there is suflqcient width For 3 units. Robert Start RS/pr Copy: Development Approvals Co-ordinator 052 TO 438 SPARROW CIRCLE 1. 438 Sparrow Circle was purchased late last year with the understanding that a row of condominiums would be erected on the empty lots to the rear of the house; with their back yards abutting the row of town houses that includes 438 Sparrow Circle. This plan would provide 438 Sparrow Circle open space behind the dwelling of twice the size of its own back yard. 2. The builder is now proposing to amend his original plan to include the building of a two-story single family dwelling with one of its walls four feet from the rear lot line of 438 Sparrow Circle 3. If this revised plan is approved the open space behind 438 Sparrow Circle will essentially be halved. 4. If this revised plan is approved, individuals looking out the windows on the Sparrow Circle side of this new house, will essentially be looking into the back yard and windows of 438 Sparrow Circle. There will be no privacy for the occupants of 438 Sparrow Circle. Even if a high privacy hedge were planted at the rear of 438 Sparrow Circle, the occupants of this new proposed house would undoubtedly have clear views of 438 Sparrow Circle and its back yard as the windows of this house would be higher than the hedge for many years to come. 5. If this revised plan is approved it will block out sun and light and dramatically impede the visual sight lines from 438 Sparrow Circle, and to a lesser degree those other homes beside 438 Sparrow circle. 6. With these impairments, the value of 438 Sparrow Circle will be markedly reduced. It will be much more difficult to sell and would only sell at a reduced price, causing a severe monetary loss to the owner. For these reasons, we will vigorously oppose the proposed amendment to the original plan that we were shown before we offered to buy our home. Respectfully, Terri L. Hume 438 Sparrow-Cite. ATTACHMENT ~ [.~2_.~ T 0 %EPOR'f ¢~ PD~ The Regional Municipality of Durham Planning Department Box 623 1615 Dundas St. E. 4th Floor Lang Tower West Building Whitby, Ontario Canada L1N 6A3 T°h (905) 728-7731 ,': (905) 436-6612 A. L. Georgieff, MClP, RPP Commissioner of Planning July 12, 2001 Mr. Ron Taylor Planner Planning and Development Department City of Pickering One The Esplanade PickeringOn L1V6K7 RECEIVED JUL 1 7 2UU1 ClFY ©,: PICKL~RiNG DEVELOPMENT C:? ¢ARTMENT Dear Mr. Taylor: RE: Zoning By-law Amendment Application A 11/01 Cross Reft S-P-2001-01 Applicant: Danlu Holdings Limited Location: Part Lot 32, Concession t Municipality: City of Pickering In response to your request for comments, we have reviewed the above-noted application and have the following comments regarding official plan conformity, delegated provincial plan review responsibilities and the proposed method of servicing. The purpose of this application is to implement draft plan of subdivision S-P- 2001-01. The application proposes to rezone the subject lands to permit the ' development of 3 single detached dwelling units and 40 townhouse units. The subject property is designated "Living Area" in the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes. The policies of the Durham Plan would support the proposed residential uses. This application has been screened in accordance with the terms of the provincial plan review responsibilities. Potential noise impacts may be present on some of the proposed lots because of their proximity to Altona Road. Although a noise study for this area has been completed, we recommend that an updated study be submitted to address noise attenuation pertaining to the lots and blocks proposed through this development. A Phase 1 Environmental Site Assessment was submitted in 1996 for this area [brough a previous plan of subdivision application. The Region requires an updated assessment in support of this application. Provincial issues will be addressed through appropriate conditions of draft approval for the related plan of subdivision. Sanitary sewer and Water supply facilities will be available to the subject lands. is anticipated that the Region's requirements for the provision of Regional services will be satisfied through appropriate conditions of draft approval for the subdivision plan. Please call me should you have any questions. Yours truly, Richard Szarek Planner Current Operations Branch r:\rs~zo n~a 11-01 .let 10096 Posl Consumer O54 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 16/00, submitted by Mr. Don Bennett, on behalf of Claremont Estates Ontario Inc., on lands being Part of Lot 20, Concession 8, City of Pickering, to permit the development of 19 hamlet residential lots (as proposed through related Draft Plan of Subdivision Application SP-2000-02, Revision 1), to zone part of the subject lands from "A" - Rural Agricultural to an "open space" zone category and to acknowledge certain lands required for "nitrate dilution" originating from the proposed residential lots, be APPROVED IN PART, to change the zoning on part of the subject lands located generally south of Kodiak Street to an appropriate open space zone category that zones these lands for "environmental protection and nitrate dilution" purposes, as set out in the draft by- law contained in Appendix I to Report Number PD 30-01. That the amending zoning by-law to implement "Phase 1" of Zoning By-law Amendment Application A 16/00, as set out in draft in Appendix I to Report Number PD 30-01 be forwarded to Council for enactment. That the City Clerk advise the Ministry of Municipal Affairs and Housing that City Council recommends that the Lieutenant Governor in Council grant an exemption under section 7 of the Oak Ridges Moraine Protection Act, as it affects the subject lands, to allow City Council to lift an "(H)" - Holding Symbol contained in the applicable City Zoning By-law and proceed with obtaining regional and local approvals to create four hamlet residential lots on the south side of Kodiak Street, in Part of Lot 20, Concession 8, in the City of Pickering (Hamlet of Claremont). 055 PICKERING REPORT TO COUNCIL FROM: Nell Carroll Director, Planning & Development DATE: July 30, 2001 REPORT NUMBER: PD 30-01 SUBJECT: Zoning By-law .Kmendment Application A 1600 (Phase 1) Claremont Estates Ontario Inc. and Public \Vorks Canada Part of Lot 20, Concession $ (Lands south of Kodiak Street, and east of Sideline No. 20) City of Picketing RECOMMENDATION: That Zoning By-law Amendment Application A 16,'00, submitted by Mr. Don Bennet, on behalf of Claremont Estates Ontario Inc., on lands being Part of Lot 20, Concession 8, City of Pickering, to permit the development of 19 hamlet residential lots (as proposed through related Draft Plan of Subdivision Application SP-2000-02, Revision 1), to zone part of the subject lands from "A" - Rural Agricultural to an "open space" zone category and to acknowledge certain lands required Ibr "nitrate dilution" originating from the proposed residential lots, be APPROVED IN PART, to change the zoning on part of the subject lands located generally south of Kodiak Street to an appropriate open space zone category that zones these lands for "enviromnental protection and nitrate dilution" purposes, as set out in the draft by-law contained in Appendix I to Report Number PD 30-01 That the amending zoning by-law to implement "Phase 1" of Zoning By-law Amendment Application A 16/00, as set out in draft in Appendix I to Report Number PD 30-01 be forwarded to Council for enactment. o That the City Clerk advise the Ministry of Municipal Affairs and Housing that City Council recommends that the Lieutenant Governor in Council grant an exemption under section 7 of the Oak Ridges Moraine Protection Act, as it affects the subject lands, to allow City Council to lift an "(H)" Holding Symbol contained in the applicable City Zoning By-law and proceed with obtaining regional and local approvals to create four hamlet residential lots on the south side of Kodiak Street, in Part of Lot 20, Concession 8, in the City of Pickering (Hamlet of Claremont). ORIGIN: Zoning By-law Amendment Application A 16 00 submitted to the City of Pickering, accompanying Draft Plan of Subdivision SP-2000-02. The owner has requested that Council consider Zoning By-law Amendment Application A 16/00 in part in order to permit the development of four of the residential lots, originally proposed to be created through Draft Plan of Subdivision Application SP-2000-02 (Revision 1) by land severance. The Ontario Legislature recently passed the Oak Ridges Moraine Protection Act "freezing" the owner's Draft Plan of Subdivision Application and part of Zoning By-law Amendment Application A 16/00. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P. 13 0 ,~ G Report to Council PD 30-01 Subject: Zoning By-law Amendment Application A 16/00 Date: July 30, 2001 Page 2 FINANCIAL iMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: It is recommended that Council approve Phase I of Zoning By-law Amendment Application A 16/00 without conditions, and pass a by-law zoning certain lands, located outside the Oak Ridges Moraine, for environmental protection and nitrate dilution. This will fulfill one of necessary approvals the applicant requires to permit residential development on four lots proposed on the south side of Kodiak Street, in the Hamlet of Claremont. The lots are to be created through Land Severance Applications LD 196-198/01. A map showing the location of the land subject to Phase 1 and Phase 2 of Zoning Application A 16/00 is provided as Attachment #1. A sketch compiled from various sources showing the applicant's overall plan for development is provided as Attachment #2. An enlargement of the proposed retained and severed lots, with proposed zoning is provided as Attachment #3. An Environmental Report, and a Hydrogeological Report that has been peer reviewed, confirms the features to be protected, and the extent of land for nitrate dilution to permit these four severances in conjunction with existing and proposed residential development. A subsequent Report to Council will deal with the remaining infill development proposed north of Kodiak Street through related Draft Plan of Subdivision Application SP-2000-02, and Phase 2 of Zoning By-law Amendment Application A 16/00. That Report cannot be considered by Council until the Provincial "freeze" on applications for lands in the Oak Ridges Moraine is lifted (after November 17, 2001). The by-law is attached in draft form as Appendix I, and should be forwarded to Council for enactment. The applicant is also pursuing the lifting of the (H) - Holding Symbol that precedes the current "R3-6" - "Hamlet Residential & Garden Suite" zoning on the majority of the lands comprising the four proposed lots south of Kodiak Street. Before Council can pass a by-law to lift the Holding Symbol, the applicant must enter into an agreement with the City to address matters normally addressed through a subdivision agreement. The applicant will be contacting the City's Legal Services about that agreement in the near future. However, because of the Oak Ridges Moraine "freeze", Council cannot pass the by-law lifting the (H) at this time. Accordingly, it is recommended Council pass a resolution advising the Minister of Municipal Affairs and Housing that it supports the Lieutenant Governor in Council granting an exemption under section 7 of the Oak Ridges Moraine Protection Act to allow Council to lift the (H) - Holding Symbol to allow the development of the four proposed lots on the south side of Kodiak Street, in the Hamlet of Claremont. BACKGROUND: 1.0 Oak Ridges Moraine "Freeze" Staff originally anticipated reporting to Council in August, 2001, on Draft Plan of Subdivision Application SP-2000-02 (Revision 1) and Zoning By-law Amendment Application A 16/00, in their entirety. These applications propose to create 19 lots supporting detached dwellings, 15 of which would front onto a north-easterly extension of Kodiak Street, and four of which would front onto the south side of the existing Kodiak Street. The proposal also included a block of land south and west of the proposed lots on Kodiak Street to be zoned environmental protection and nitrate dilution to accommodate the development of existing and proposed residential development. Report to Council PD 30-01 Subject: Zoning By-law Amendment Application A 16/00 Date: July 30, 2001 Page 3 057 The majority of these lands for nitrate dilution are owned by Public Works Canada on behalf of Transport Canada (Public Works Canada does not object to the proposed zoning of it's land). A copy of Draft Plan SP-2000-02 (Revision 1) also showing the lands to be retained by Public Works Canada (Transport Canada) but zoned for nitrate dilution is attached for reference (see Attachment ~t4). In May, 2001, the Ontario Legislature passed the Oak Ridges 3,Ioraine Protection Act that had the effect of freezing certain development activity from occurring on lands located with the geographic bounda~ of the Oak Ridges Moraine until November 17, 2001. The legislation prevents Council from considering most dexelopment applications including zoning amendments and draft plans. But, the legislation does not prohibit lands within the Oak Ridges Moraine to be subdivided through land severance applications. As circumstances exist (see Detailed Histo~ of the Subject Property, Appendix II), most of the lands comprising the four proposed lots on the south side of Kodiak Street, although included as part of related Draft Plan of SubdMsion Application SP-2000-02 (Revision 1), were zoned in 1999 by Council to allow detached dwellings and garden suites subject to an (H)-Holding Symbol, and were granted permission by Council at that time to be created through land severance applications. Thus, a unique opportunity exists to facilitate consideration of these four lots in a more timely manner than would be possible under the draft plan process, considering the Oak Ridges Moraine "freeze". 2.0 Public Information Meetin~ 3.0 3.1 A Public Information Meeting for the entire development proposal was held on August 10, 2000. Information Report No. 25-00, which summarizes the applicant's proposal at that time, and outlines the issues and comments identified to that date through circulation of the application, was prepared for that meeting. The text of that Information Report and Minutes of that meeting are provided for reference (see Attachment ~5 and .z6 respectively). The concept of a phased zoning approach was not discussed in the Information Report, but is only an alternative approach to implementing the proposal. At the public meeting, a comment was received from an individual (Mr. R. Ward) expressing concern with the process by which development occurs in Picketing. The majority of comments received through the initial circulation of this application have focused almost exclusively on the proposed draft plan component of the proposal. However, an important comment has been received that is relevant to this Phase 1 rezoning. The Region of Durham Health Department has verbally confirmed that they accept the applicant's conclusions contained in the submitted hydrogeological report that sets out those lands required to be identified as additional lands for nitrate dilution purposes serving proposed development within Draft Plan of Subdivision SP-2000-02 (Revision 1). All comments received through the circulation of this application and Draft Plan of Subdivision SP-2000-02 will be considered at a later date, when Council considers those applications for residential development on the remaining lands north of Kodiak Street. Discussion Technical Reports in Support of the Proposed Zoning Change The applicant has submitted, in conjunction with Draft Plan of Subdivision Application SP-2000-02 (Revision 1), a Rural Servicing Report prepared by Jagger Hims Limited, dated March, 2000. This Report addresses rural servicing issues for that proposed subdivision, and adjacent lots dependent on the lands subject to this Phase 1 zoning change to achieve acceptable ground nitrate concentrations. 058 Report to Council PD 30-01 Subject: Zoning By-law Amendment Application A 16/00 Date: July 30, 2001 Page 4 The Report concludes that appropriate servicing can be achieved for all of the existing and proposed lots, and that the overall resultant development could result in acceptable nitrate concentrations in the ground water. The findings of the Report have been accepted by the Durham Health Department confirming the appropriateness of the proposed extent of lands to be rezoned for nitrate dilution. Further, the Report has been peer-reviewed, and a Report, prepared by Hydroterra Limited, dated June 30, 2000 was completed. This peer-review accepts the findings of the Jagger Hims Rural Servicing Study. The proposed zoning change will implement the findings and recommendations outlined in the Rural Servicing Study with respect to protecting an appropriate area for nitrate dilution. Other recommendations will be dealt with through the future recommendations on the draft plan. A draft Environmental Report, prepared by G.M. Sernas & Associates, dated May 1, 2001, was submitted in support of Draft Plan of Subdivision SP-2000-02 (Revision 1). This Report acknowledges that the lands south of Kodiak Street should be zoned in an appropriate open space zone category to ensure that these lands are acknowledged as required additional lands to achieve acceptable ground water nitrate concentrations for proposed residential development. Both the policies of the Pickering Official Plan and policies of the Toronto and Region Conservation Authority encourage lands identified as hazard lands or supporting significant environmental features to be protected in an appropriate manner, including the establishment of zoning that is restrictive of development while recognizing the natural feature and functions on those lands. The lands proposed to be zoned in an open space zone category support a drainage swale watercourse, a tributary of Michell Creek and existing vegetation. These natural features will be protected as a result of the proposed zoning change. 3.2 Effect of Zoning The proposed Phase 1 of Zoning By-law Amendment Application A 16/00 will zone lands, outside of the Oak Ridges Moraine boundary, in an appropriate "Open Space - Hazard Land - Environmental Protection - Nitrate Dilution" zone category, to enable development of lands within Draft of Subdivision SP-2000-02. The purpose and effect of this zoning change would be to: · Establish an open space zone that would acknowledge lands required to maintain the Ministry of the Environment drinking water objectives respecting ground water nitrate concentrations, serving both existing and future residential development within the surrounding area; and, Prohibit any development within certain lands supporting natural features, including a drainage swale watercourse, a tributary of Michell Creek and existing vegetation. As shown on Attachment #3, the proposed retained lot, and the most easterly proposed severed lot will be dual zoned for open space-nitrate dilution, and residential uses. Approval of this proposed Phase 1 zoning amendment does not indicate support for all of the residential development proposed through Draft Plan of Subdivision SP-2000-02 (Revision 1) or requested through zoning by-law amendment Al6/00. Any residential development proposed by the owner will be subject to review and consideration through appropriate draft plan of subdivision, land severance and/or zoning by-law amendment applications. The proposed four lots on the south side of Kodiak Street will be reviewed through the land severance process, and all matters of interest to the City respecting that development will be protected through conditions of severance approval. However, since a small portion of the lands supporting the proposed four lots falls within the Oak Ridges Moraine boundary, an application to lift the "(H)" - Holding Symbol cannot be considered by Council until the Report to Council PD 30-01 Subject: Zoning By-law Amendment Application A 16/00 Date: July 30, 2001 Page 5 059 Provincial "freeze" is lifted, or thc Minister of Municipal Affairs grants an exemption to the Legislation to allow the proposed development. Similarly, Draft Plan of Subdivision SP-2000-02 and Phase 2 of Zoning By-law Amendment Application A 16/00 will not be considered by Council until either the provincial "freeze" imposed through the Oak Rir(~,es Moraine Protection .4c~ is lifted or the Minister of Municipal Affairs and Housing grants an exemption from the legislation to owner. 3.0 Request for Exemption under the Oak Ridge Moraine Protection Act It is our understanding that the owner has initiated a request to the Minister of Municipal Affairs and Housing for an exemption to the Oak Ri~(~,es .~[orai~e Protection Act for all of the lands subject to Draft Plan of Subdivision SP-2000-02 (Revision 1) including the proposed four lots on the south side of Kodiak Street now intended to created by land severance. Staff agree that the lands subject to this Phase 1 zoning change are suitable for exemption, as: · The lands are currently zoned to permit residential development; · The lands are designated "Hamlet Residential" in the Picketing Official Plan, recognizing these lands and surrounding lands within the Hamlet of Claremont as the primary focus for new growth and development within the City's rural area: · Hamlet residential development abuts the lands to the north and east, and the proposed development represents anticipated development along an existing Street (Kodiak Street); · Technical repons, including a draft Environmental Impact Study and Rural Servicing Report, have been completed, and conclude that the proposed development is technically- feasible and generally in keeping with provincial, regional and local guidelines and requirements for residential development; and, · The resultant development would represent a reasonable interim development phase to allow some development to occur on the subject lands (that has always been anticipated) while the implications of the Oak Ridges _llorai~c Protectio~t .4ct, as they affect the subject lands, are better assessed and while the provincial development "freeze" remains in effect. As the lands supporting the proposed four lots are within the Hamlet of Claremont, are zoned and designated in the City's Official Plan to permit residential development, and resultant development is technically-feasible, it is recommended that City Council endorse the applicant's exemption request in part, and direct the City Clerk to advise the Honourable Minister of Municipal Affairs and Housing that Council supports the exemption request to the Oak Ridges Moraine Protection .4c~, submitted by Claremont Estates Ontario Inc., as it affects the lands on the south side of Kodiak Street. to allow the City to lift an "(H)" - Holding Symbol contained in the applicable Citv Zoning By-law in order to proceed with obtaining regional and local approvals to create four hamlet residential lots. 4.0 Applicant's Comments The applicant has reviewed and concurs with the recommendations outlined in this Report. APPENDICES APPENDIX i: APPENDIX II: Draft Implementing Zoning By-law for A 16/00 - Phase 1 Detailed History of Lands Subject to LD 196-198/01 060 Report to Council PD 30-01 Subject: Zoning By-law Amendment Application A 16/00 Date: July 30, 2001 Page 6 ATTACHMENT S: 2. 3. 4. 5. 6. Lands Subject to Phase I and Phase 2 of Zoning Amendment Application A 16/00 Applicant's Overall Development Plan Enlargement of Proposed Retained and Severed Lots, with Proposed Phase 1 Zoning Reduction of Draft Plan of Subdivision SP-2000-02 (Revision 1) Information Report No. 25-00 Minutes of August 10, 2000 Statutory Public Meeting Prepared By: Approved / Endorsed by: Ron Taylor Planner II Catherine Rose Manager, Policy RST/CLR/jf Attachments Copy: Chief Administrative Officer Neil Carroll, MCIP, RPP Director, Planning & Development Recommended for the consideration of Picketing City Council //~~ T_T_~mas J. Quinn, Chief Administrative Officer 061 APPENDIX I TO REPORT NUMBER PD 30-01 AMENDING ZONING BY-LAgS' TO IMPLEMENT ZONING BY-LAV~~ AMENDMENT APPLICATION A 16/00 ~PHASE 1) 062 THE CORPORATION OF THE CITY OF PICKERING Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in South Part of Lot 2, Concession 5, in the City of Pickering. (SP-2000-02, A 16/00) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to acknowledge certain lands for nitrate dilution purposes serving abutting residential development and to protect and maintain lands as open space on the subject lands, being Part of Lot 20, Concession 8, Hamlet of Claremont; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKER1NG HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 20, Concession 8, in the City of Pickering, designated "OS-HL-EP" and "(ND)" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. PROVISIONS (1) (a) Uses Permitted ("OS-HL-EP" Zone) No person shall within the lands designated "OS-HL-EP" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) conservation of the natural environment, soil and wildlife; and (ii) resource management (b) Zone Requirements ("OS-HL-EP" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management. (2) _9_ (a) Uses Permitted ("(ND)" Zone) DPJIFI' No person shall within the lands designated and containing the abbreviation "(ND)" within the established zone category outlined on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) those uses permitted within the corresponding zone category together with this designation; and (ii) nitrate dilution (b) Zone Requirements ("(ND)" Zone) No land shall be used except for the purpose of nitrate dilution from sewage effluent originating from private sewage svstems serving residential development located within those adjacent lands identified on Schedule I attached hereto. BY-LAW By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of Bv-laxv 3037, as amended. 063 EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally' passed this ,2000. day of Wayne Arthurs, Mayor DE, qFI' C. Anne Greentree, Deputy Clerk 7.0m KODIAK 1 15.0m / // ,/ LAN OS-HL-EP(ND) 157 ~m SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2001 MAYOR D FT DEPUTY CLERK 065 APPENDIX II TO REPORT NUMBER PD 30-01 Detailed History of Lands Subject to LD 196-198/01 The following is a summary of development applications and approvals for the subject lands, to-date. For the purposes of this summary, the "subject lands" refer to those lands supporting the proposed four residential lots to be severed resulting from this proposed "phased" zoning change on lands immediately west and south: · In March, 1998, Council approved Zoning By-law Amendment Application A 9/98, zoning the subject lands in an "(H)R6-3" Residential Detached Dwelling and Associated Garden Suites (Hold) zone categors.': · Through consideration of that application, Council also granted permission for all lots proposed at that time to be created through land severance applications rather than by plan of subdivision; · Zoning By-law 5464/99 was approved by Council in 1999; · Within that zoning by-law, it was stipulated that prior to the removal of the "(H)" - Holding Symbol preceding the "R6-3" zone designation, that the owner enter into an agreement with, and to the satisfaction of the City, respecting typical matters of hamlet residential development; · The owner applied to create two residential lots on the north side of Kodiak Street (through Land Severance Applications LD 241/00 and LD 24200) and four lots on a majority of the subject lands (through Land Severance Applications LD 16700 to LD 170/00); · In order to proceed with developing the proposed six hamlet residential lots, the owner was required to satisfy both the City of Picketing and Region of Durham respecting the approval of an appropriate hydrogeological report demonstrating that the MinistU, of the Environment (MOE) drinking water objective of' 10mg/L of ground water nitrate concentration would be achieved at all property boundaries resulting from both existing and proposed residential development; · Although it was determined that this objective could be achieved, certain lands beyond the property boundary of the proposed six lots were required to be set aside for additional nitrate dilution purposes; · The owner decided to proceed with creating the two residential lots on the north side of Kodiak Street (Land Severance Applications LD 241/00 and LD 24200 were subsequently approved by the Region of Durham Land Division Committee), while the remaining four severance applications on the subject lands were withdrawn; · In October, 2000, Draft Plan of Subdivision Application SP-2000-02 was revised (Revision 1) to include the subject lands, in order to consider those lots within the context of additional development and lands for nitrate dilution intended to be formally zoned to protect that function; · In May, 2001, the Ontario Legislature passed the Oak Ridges :¥[oraine Protection Act, that had the effect of freezing certain development activity from occurring on lands located with the geographic boundary of the Oak Ridges Moraine until November 17, 2001; · A majority of the lands subject to Draft Plan of Subdivision Application SP-2000-02 fall within the Oak Ridges Moraine boundau', and therefore cannot be considered for development during the "freeze"; · The proposed Phase 1 of Zoning By-law Amendment Application A 16/00 will zone lands subject to Draft Plan of Subdivision SP-2000-02. but located outside of the Oak Ridges Moraine boundary, in an appropriate open space category that would ensure MOE drinking water objectives respecting ground water nitrate concentrations are protected for all existing and future residential lots located on the lands subject to SP-2000-02, including the proposed four lots now intended to be created through land severance applications; · The owner has submitted Land Severance Applications LD 196/01 to LD 198/01, to be considered by the Durham Region Land Division Cormnittee on August 1, 2001, to create four hamlet residential lots on the south side of Kodiak Street. O66 A'rrAcHua~r~ / TO LANDS SUB ~TO PHASE 21OF ZONING BY-LAW )~,MENDMEN~ A 16~00 City of ~ickoring ~lanning & Dovolopmont Dopartmont DATE JUL 27, 2001 A'I'TA~ P ~.~-....TO REPORT ~ 067 INFORMATION COMPILED FROM APPLICANT'S PROPOSED ZONING PLAN SP-2000-02; A 16/00 CLAREMONT ESTATES ONTARIO INC. CENTRAL STREET PROPOSED LOTS TO] BE CREATEDI THROUGH SP-2000-02J .-/ g // / ILANDS PROPOSED TO BE SEVERED INTOI FOUR RESIDENTIAL LOTS THROUGH LAND SEVERANCE APPL CAT ONS ~ttT¥ FAC$'LITT ACORf LANDS TO BE ZONED AS PHASE 1 IOF ZONING BY-LAWAMENDMENT ~APPLICATION A 16/00 THIS MAP WAS PRODUCED BY THE CiTY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES, JULY 30, 2001 068 A~TACH~ _3 To LANDS SUBJECT TO PHASE I OF ZONING BY-LAW AMENDMENT A 16/00 City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 20, CONCESSION 8 OWNER CLAREMONT ESTATES ONT. INC; PUBLIC WORKS CANADA DATE JUL 30, 2001 DRAWN BY lB APPLICATION No. SP-2000-02; A 16/00 SCALE 1:7500 CHECKED BY CR FOR DEPARTMENT USE ONLY PN-S10 PA- A'rfACHME~ t~TO ~PORT ~ PD~ i I I I I I L 0 7 0 INFORMATION REPORT NO. 25-00 FOR PUBLIC INFORMATION MEETING OF August 10, 2000 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Draft Plan of Subdivision SP-2000-02 Zoning By-law Amendment Application A 16/00 Claremont Estates Ontario Inc. Part of Lot 20, Concession 8 (Proposed extension of Kodiak Street, north of Acorn Lane and east of Sideline No. 20) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject lands are located north of Acorn Lane and Kodiak Street, east of Sideline 20 and south of Regional Road No. 5 (Central Street) in the Hamlet of Claremont; a property location map is provided for reference (see Attachment # 1); Open Space lands supporting tributaries of Mitchell Creek are located to the west and east; hamlet residential uses are located to the south-west and south-east; Claremont Public School is located to the north-east; federal airport lands are located to the south, and agriculturally-zoned lands are located north of the subject lands across Central Street. APPLICANT'S PROPOSAL the applicant proposes to extend Kodiak Street (formerly Nuthatch Street) northward, and develop 17 residential lots providing lot frontages ranging from approximately 22.0 metres to 80 metres in size; the applicant's submitted draft plan is provided for reference (see Attachment #2); the proposed lots would range in area from approximately 0.3 of a hectare to 0.6 of a hectare in size; the proposed lots are intended to support detached residential dwellings; the applicant has requested that seven of the proposed lots (Lots 3 to 9 on the applicant's submitted plan) on the west side of the proposed Kodiak Street extension be permitted to support garden suites in conjunction with a detached dwelling (Lots 1 and 2 on the applicant's submitted plan are already zoned to permit a garden suite in conjunction with a detached dwelling); one 0.3 of a hectare block, for school or community facility use, is proposed directly south of Claremont Public School; and a 0.02 of a hectare block is proposed as park land for the City. OFFICIAL PLAN AND ZONING Durham Regional Official Plan identifies the subject lands as being within a "Hamlet"; Hamlets shall be the predominant location for rural settlement, and shall be developed in harmony with surrounding uses; Information Report No. 25-00 ATTACHMENT REPORT d PD~ 071 Page 2 3.2 development within Hamlets may consist of a variety of housing types, community facilities, employment areas and commercial areas that meet the immediate needs of the residents of hamlets and the surrounding rural area: development within Hamlets shall be individually serviced with private drilled wells and private sewage disposal systems where groundwater quantity and quality permits. and in compliance with the standards oi' the Region of Durham and tile Ministry of the Environment and Energy: xvhen reviewing an application for approval of a draft plan of subdivision within a hamlet, the Region requires the submission of various environmental repons and plans to support the proposed development; these submissions include, but are not limited to. a settlement capacity study, a hydrogeological report, an environmental impact report, a lot sen, icing plan, a soil report and existing and proposed grading plans. Piekerin~ Official Plan designates the subject lands "Hamlet Residential" within the Hamlet of Claremont; permissible uses within this designation include residential uses, including the establishment of detached residential dwellings and related garden suites; - Rural Hamlets are t)T)ically settlements with historic roots as social and service centres for the surrounding rural area, and are the primau' focus for new growth and development in rural areas: - a portion of the subject lands abutting tributaries of Nlitchcll Creek are designated "Open Space System - Natural Area"; - permissible uses within this designation include conservation, environmental protection, restoration, education, passive recreation and similar uses: the subject lands Fall within tile "Oak Ridges .Moraine": uses and activities within or adjacent to tile Moraine must be consistent with the principles of the Oak Ridges Moraine Implementation Guidelines prepared by the Ministry of Natural Resources - the subject lands support and abut a "Shoreline and Stream Corndor"; - on lands designated "Shoreline and Stream Corridor". new development and major redevelopment on those lands also designated "Open Space Svstem- Natural Area" shall be prohibited; - the Plan promotes the retention of watercourses and valley and stream corridors in an open and natural state, the recognition of these corridors, and the conveyance of such lands to the City or other public agency as a condition of development approval, where appropriate; section 15.9 of the Plan requires the submission and approval of an Environmental Report as part of the consideration of the subject development applications; - the required report must include, as a minimum, information outlined in Section 15.11 of the Plan, that includes, but is not limited to: a detailed description of the proposal and all environmental features and functions that may be affected by the proposed development: · an assessment of expected effects of the proposal on the environment; · recommendations outlining actions necessary to prevent, remedy ancL/or mitigate anticipated negative effects, and enhance potential positive effects; and, · a monitoring plan; supporting hydrogeological, soil analysis, grading and drainage, stormwater management and lot servicing information is also required to accompany the Environmental Report; Kodiak Street is a local road. generally providing access to individual properties, to other local roads and to collector roads, and is designed to carD' local traffic; 072 A'rrACmlEm ~_ 5-' TO Information Report No. 25-00 Page 3 3.3 Zoning By-law a majority of the subject lands are zoned "A" - Rural Agricultural Zone, by Zoning By-law 3037, as amend; a small south-west portion of the subject lands are zoned "(H)R6-3 Hamlet Residential with Garden Suites (Hold) Zone and "OS-HL" - Open Space - Hazard Land Zone, by Zoning By-law 3037, as amended by By-law 5464/99; an amendment to the zoning by-law is required to allow the establishment of lots supporting detached dwellings (with some associated garden suites) and the proposed public park block; the applicant has provided a separate zoning plan that outlines the proposed zone categories requested to accommodate the proposed development on the subject lands (see Attachment #3). 4.0 RELATED DEVELOPMENT APPLICATIONS since submitting this proposal, the applicant has applied to the Durham Region Land Division Committee, requesting approval to sever two lots (proposed Lots 1 and 2 on the applicant's proposed draft plan) fronting Kodiak Street, and retaining the remaining lands subject to this subdivision proposal; land severance applications LD 241/00 and 242/00 are scheduled to be heard at the August 14, 2000 Land Division Committee Meeting; the proposed severed lots are currently zoned "(H)R6-3" - Hamlet Residential (Hold) Zone and "OS-HL" - Open Space - Hazard Land Zone, by Zoning By-law 3037, as amended by By-law 5464/99; the proposed severed lots were previously zoned through Zoning By-law Amendment Application A 9/98; through Council's consideration of the above-noted Zoning By-law Amendment Application, the applicant was also granted permission by Council to proceed through the land severance process to create the proposed two severed lots (the Pickering Official Plan requires any ownership of land capable of being divided into more than three lots be developed through a plan of subdivision, unless Council · grants permission to an owner to proceed through the land severance process if it is demonstrated that a plan of subdivision is neither warranted nor necessary); at the time of preparation of this report, the Planning & Development Department have not completed the review, or provided comments on, the proposed severance applications to the Region of Durham; through a preliminary review of these applications, Planning & Development Staff have requested detailed technical information needed to assess the appropriateness of the proposed severances, including a revised serwicing study applicable to the proposed severed lands. 5.0 RESULTS OF CIRCULATION (See Attachments #4 to #9) 5.1 Resident Comments no resident comments have been received to-date; 5.2 Agency Comments The Durham District School Board - advise that anticipated pupils generated through this proposal will be accommodated within an existing school facility, and that the Board has no need or interest in acquiring Block 18, and wishes reference on the draft plan as a school block be eliminated (see Attachment #4); ATTACHMENT ~ ~'' TO REPORT#PD ~4 ~4~ 073 Information Report No. 25-00 Page 4 5.3 Enbridge Consumers Gas ---requests conditions to be included in a future subdivision agreement, including the requirement of an overall utility distribution plan (see Attachment ¢5): Region of Durham Health Department - requests various information be submitted for review prior to formal comments, including a lot servicing plan, a soil sampling pro,am, a grading and drainage plan, a peer-reviewed hydrogeological report, and an environmental impact study (see Attachment Canada Post requests conditions of draft approval rcgarding the location and installation of a temporary and permanent Community Mailbox, and required sidewalk, boulevard and curb works serving the mailbox (see Attachment =7 ): Toronto and Region Conservation Authorit?' request the limits of the top-of-bank be clarified, and note that proposed Lots 10 and 11 encroach into the identified valley lands. Accordingly, T.R.C.A. has requested the submission of a geotechnical report, and review of a groundwater assessment that was conducted for the subject lands. T.R.C.A. has further requested the submission of a stormwater management report for their review (see Attachment #8); Veridian Connections - outlines various electrical servicing requirements for this proposal (see Attachment ¢9): No Objections or Concerns: - Hydro One Netxvorks Inc., Durham Catholic District School Board and Shaw Cablesysytems. Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: 5.3.1 5.3.2 5.3.3 Plan of Subdivision reviewing and determining the exact boundaries of the proposed subdivision, considering existing natural features, technical requirements, and other related development applications (specifically the implications of land severance applications LD 241/00 and 242/00); · reviewing the proposed street and lotting patterns, and the appropriateness of the proposed school/community facility and parkland blocks; · reviewing the proposal through the pnnciples of the Oak Ridges Moraine Implementation Guidelines (prepared by the Ministry of Natural Resources), and imposing any appropriate resultant standards on the proposed development; Zoning Matters · reviewing the appropriateness of garden suites in conjunction with detached dwellings on some of the proposed lots: · ensuring appropriate buffer zones to the tributaries of Mitchell Creek are established; Technical Matters reviewing supporting technical submissions, including a required environmental report with supporting hydrogeological, soil analysis, grading and drainage, stormwater management and tot servicing information, to ensure that adequate information is provided and that technical requirements are met; O"/4 Information Report No. 25-00 ATTACHMENT ~ ~" .TO REPORT # PD -~¢ ~ ¢ / Page 5 · reviewing water supply, sewage disposal, stormwater quality and quantity management; 5.3.4 Other Matters ensuring that any resultant residential development is compatible with surrounding residential development, particularly existing development fronting onto Kodiak Street and Acorn Lane. 6.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to be notified of Council's decision regarding either the proposed plan of subdivision or zoning by-law amendment application, you must request such in writing to the City Clerk; if a person or public body that files an appeal of a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the public meeting, or make written submissions to the Regional Municipality of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal; if you wish to reserve the option to appeal Council's decision of the proposed zoning by-law amendment application, you must provide comments to the City before Council adopts any by-law for this proposal. 7.0 7.1 7.2 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this report. Information Received full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; the City of Pickering is in receipt of the following accompanying information: · a Rural Servicing Study, prepared by Jagger Hims Limited and dated March, 2000; and, · a peer review of the above-noted Rural Servicing Study, prepared by Hydroterra Limited and dated June 30, 2000. ATTACHMENT ~ ~..=~.~TO REPORT ~ PD ~-* ~ / 075 Information Report No. 25-00 Page 6 7.3 Company Princioal the applicant, Mr. Don Bennet, advises that the principal of Claremont Estates Ontario Inc. is Mr. Karsten Smith. ORIGINAL SIGNED BY ORIOI'NAL SIGNED BY Ron Taylor Planner 1 Catherine L. Rose Manager. Policy RT/par Copy: Director, Planning & Development Department ATrACFIMENT # .5'" TO REPORT # PD -~ ,o - o / APPENDIX I TO INFORMATION REPORT NO. 25-00 COMMENTING RESIDENTS AND LANDOWNERS ( 1 ) none to date COMMENTING AGENCIES (1) Durham District School Board (2) Enbridge Consumers Gas (3) Hydro One Networks Inc. (4) Durham Region Health Department (5) Canada Post (6) Toronto and Region Conservation Authority (7) Durham Catholic District School Board (8) Veridian Connections (9) Shaw Cablesystems COMMENTING CITY DEPARTMENTS (1) none to date A'I'rACHMENT # ~ TO ,'qEPORT ~ PD...~ co - c'~ / Excerpts of StatutoD' Public lnfoi'n~ation Meeting Minutes of Thursday, August 10, 2000 STATUTORY PUBLIC INI:OR~MATION MEETING MINUTES A Statutoo' Public ln£on~aation Meeting was held on Thursday. August 10, 2000 at 7:05 p.m. in the Council Chambers. (i) o DRAF-F PLAN OF SUBDIVISION SP-2000-02 ZONING BY-LAW AMENDMENT APPLICATION A 16-00 CLAREMONT ESTATES ONTARIO INC. PART OF LOT 20, CONCESSION 8 (PROPOSED EXTENSION OF KODIAK STREET. NORTIt OF ACORN LANE AND EAST OF SIDELINE NO. 20) Catherine Rose. Manager. Policy Divisiou. provided an explmmtion of the application, as outlined in Information Report =25-00. Don Bem~ett, 5258 Old Brock Road, advised that they concur with the Manager's comments and are prcsen[ to answer any questions. Richard Ward, 3709 Regional Road 9. Orono, questioned the legal right and justification for this taking place. Iqe stated that Council has breached public trust and he requested a~ i~aqucst i~to this n~attei'. 078 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Zoning By-law Amendmem Application A 39/00, on lands being Part of Lots 88 and 89, Plan 1051 (idemified as Part 1, Plan 40R-19836 and Part 1, Plan 40R-19908), City of Picketing, to amend the zoning on the subject lands from "R3" - Residential Detached Dwelling Zone to "S2" - Residential Detached Dwelling Zone, in order to permit the developmem of five lots providing a minimum lot frontage of 13.5 metres, be APPROVED subject to the conditions outlined in Appendix I to Report No. PD 27-01; That the amending zoning by-law to implement Zoning By-law Amendmem Application A 39/00, as set out in draft in Appendix II to Report No. PD 27-01, be forwarded to City Council for enactment; and o That the request made by Marion Hollinger, to permit the division of the subject lands, being Part of Lots 88 and 89, Plan 1051, (identified as Part 1, Plan 40R-19836 and Part 1, Plan 40R-19908) to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. REPORT TO COUNCIL 07,q FROM: Neil Carroll Director. Planning &Dcvelopment DATE' .lulv 26, 2001 REPORT NUMBER: PD274)1 SUBJECT: Zoning Bv-lax~ :Xmendmcnt Application A 39 00 Marion Ho l linger Part of Lots 88 and 89. Plan 1051 Part i, Plan 40R-19836 and Part 1. Plan 40R-19908 (1878 - 1886 Brookshire Square) City of Picketing RECOMMENDA~I'ION. That Zoning Bv-lax~ Amendment :Xpplication A 39 00. on lands heinz Pan of Lots 88 and 89, Plan 1051 (identified as Part 1, Plan 40R-19836 and Part 1. Plan~40R-19908), City of Picketing, to amend the zoning on the subject lands from 'R3" Residential Detached Dwelling Zone to "S2" - Residential Detached Dwelling Zone. in order to permit the development of five lots providing a minimum lot frontage of 13.5 metres, be APPROVED sub. ject to the conditions outlined in :X. ppendix I to Report No. PD 27-0i; 9 That the amending zoning bx'-Iaw to implement Zoning Bx'-la~ Amendment Application A 39/00. as set out in drai't in Appendix II to Report No. PD 27-01. be lbrwarded to City Council for enactment: and That the request made by Marion ttollinger, to permit the dixision of the subject lands, being Part of Lots 88 and 89. Plan 1051. (identified as Part 1. Plan 40R-198_~6" and Pan 1, Plan 40R-19908) to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. ORIGiN: Zoning By-law Amendment Application .A. 39/00 submitted to the Citx oFPickering. AUTHORITY: The Planning Ac,'. R.S.O. 1990. chapter P. 13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. O80 Report to Council PD 27-01 Subject: Zoning By-law Amendment Application A 39/00 Date: Jul>' 26, 2001 Page 2 EXECUTIVE SUMMARY: Current development on Brookshire Square is a uniform pattern of lot sizes, setbacks and building types. Existing lots to the east of the subject propem,', fronting onto Brookshire Square, provide minimum lot frontages of 13.5 metres. The applicant's proposal will be consistent with the existing character of the neighbourhood through the inclusion of zoning standards in the amending by-law that are identical to those applicable to existing neighbouring development. It is recommended that Zoning By-law Amendment Application A 39/00 be approved and that Council adopt the draft implementing by-law attached as Appendix II to Report Number PD 27-01. Further, it is recommended that the creation of the lots proceed through the land severance process, as appropriate conditions can be imposed by the City to ensure orderly development and to protect the City's interests. BACKGROUND: 1.0 Introduction The subject lands are located on the west side of Brookshire Square and south of Gablehurst Crescent (see Attachment #1 - Location Map). The property is currently zoned "R3", which requires a minimum lot frontage of 18.0 metres and a minimum lot area of 550 square metres. The applicant has applied to amend the zoning by-law in order to sever the existing 67.5 metre frontage property into five 13.5-metre lots (see Attachment #2 - Applicant's Submitted Site Plan). The lot is currently vacant. The applicant has not yet applied to the Durham Region Land Division Committee to sever the property. Section 15.26 of the Pickering Official Plan requires that an ownership of land capable of being divided into more than three additional lots be developed by a plan of subdivision, except where it is demonstrated to Council's satisfaction that a plan of subdivision is neither appropriate nor necessary,, in which case Council may authorize the development to proceed by land severance. The applicant has requested Council's approval for an exemption to proceed by land severance as opposed to a plan of subdivision. 2.0 Information Meeting A Public Information Meeting for this development proposal was held on March 22, 2001. Information Report No. 08-01, which summarizes the applicant's proposal and outlines the issues and comments identified to that date through circulation of the application, was prepared for that meeting. The text of that Information Report is provided for reference (see Attachment #3). No written comments were received from surrounding landowners at the time of writing of the Information Report. Prior to the Public Information Meeting, written comments were received from the Durham District School Board and the City's Division Head, Municipal Property & Engineering, expressing no objection to this proposal. At the Public Information Meeting, there were several interested parties in attendance. Concerns were expressed regarding the preservation of significant trees, compatibility of the proposed lots within the neighbourhood, and the siting of the proposed dwellings on the property. Minutes of the March 22, 2001 statutory meeting are provided for reference (see Attachment #4). Report to Council PD 27-01 Subject: Zoning By-law Amendment ,Application A 39/'00 Date: July 26, 2001 Page 3 081 3.0 Additional Intbrmation Area Residents Subsequent to the Public Information Meeting. one item of correspondence was received from Mr. Robert Haas. residing at 1836 ttolbrook Court. expressing several concerns. Mr. Haas' concerns include the conibrmitv of the applicant's proposal with the policies of the Pickering Official Plan. what criteria the developer would have to meet in order to have the area rezoned to "S2", what specific steps thc developer and the City of Pickering Planning & Development Department are taking to save as many trees as possible, and how the applicant's proposal would benefit the communitx. Mr. Haas also commented that the proposed lot frontages do not fit in with the homes l'acing the proposed lots. that he was not in a position to ascertain whether the proposed dwellings would be compatible with the existing built Ibrm. that building homes on narrow lots would haxe a negative impact on the neighbourhood by making the area more congested and consequently, less desirable and negatix ely impacting on propert> values in the immediate area I scc Attachment #5). Agency Comments Since the preparation of lnlbrmation Report No. 08-t/1. the 1%11ox~ lng comments have been received: The CiB"s Supervisor, Development Control, noted that mainline storm and sanitary (Region) sewers and xvatermain tRegion) arc existing on Brookshire Square. although individual services would be required to be installed Ibr the proposed lots and that the extension of the main lines may also be required. The existing sidexvalk fronting, the subject property, initially installed to match the existing gracies, would need to be lox~ered and the sidewalk relocated to the standard location tbr the redexelopment of the sub, jeer property. Approval of the application should be conditional on the owner entering into a Development Agreement with the Citx to control the above-noted items and such matters, including but not limited to. lot grading, drainage and sodding, road restoration and cleaning, installation of services (storm connections, sidewalks, boulevard trees, driveway aprons, boulevards, utilities, etc.) and securities sufl'icient to safeguard thc Citx. No other specific concerns were identified t see Attachment ~6). Canada Post commented that there arc two existing communitx mailboxes in the area that have some vacancies to accommodate the proposed live lots. Durham Region Planning Department commented that the subject property is designated "Living Area" in the Durham Regional Official Plan. Lands xvittdn this designation shall be used predominantly for housing purposes and shall be developed to incorporate the widest possible variety of housing types, sizes, and tenure. The proposed application is in conformity with the Durham Regional Official Plan. The Regional \\ orks Department notes that the municipal water and sanitary sewer services are available on Brookshire Square to service the proposed lots, hov,'exer, a sanitaU, sewer extension may be required in order to service the two most southerly proposed lots. Regional requirements, financial and otherxvise, are to be satisfied through conditions imposed during the Land Division process I see Attachment =7). 082 Report to Council PD 27-01 Subject: Zoning Bv-lax~' Amendment Application A 39/00 Date: July 26, 2001 Page 4 4.0 Discussion 4.1 Neighbourhood Character The character of a neighbourhood is defined by a variety of factors. Such elements as lot frontage, lot area, the siting and architectural design of dwellings, building size, yard setbacks, height, and quality and age of vegetation are important characteristics to consider in analyzing the character of a neighbourhood. The existing zoning for the developed lots on Brookshire Square is either "S2" or "S4" detached dwelling zones (see Attachment #8 - Existing Zoning). Developed lots directly east of the subject property along Brookshire Square are zoned "S2" and provide lot frontages of 13.5 metres which are identical to the lots proposed by the applicant. A large number of lots on Brookshire Square east and north of the subject property are zoned "S4" which requires a minimum lot frontage of 9.0 metres. The lands abutting the subject property to the west are zoned "S4-5". which requires minimum lot frontages of 10.0 metres and minimum lot area of 300 square metres. The applicant's proposal is in keeping with the character of the lotting pattern in the neighbourhood. The architectural design of the Brookshire Square neighbourhood is comprised of predominantly two-storey detached dwellings with Tudor accents. A recent development to the west of the subject property features a mix of one-storey and two-storey detached dwellings constructed of brick with stone accents. It is recommended that the development agreement between the City and the owner require the approval of a siting and architectural design statement to the satisfaction of the Director, Planning & Development prior to any building permits being issued, to address matters including building location, housing style, siting and type. It is recommended that this statement specifically address the garage location and house placement on the most northerly lot (immediately adjacent to Lots 49 - 52. Plan 40M-1390), to address limiting the number of windows on the north wall of the unit and to require the garage to be situated on the south side of the unit. This statement will assist in addressing compatibility of the new homes with the existing dwellings on the street. The vegetation of the neighbourhood consists primarily of younger species of trees planted when the lots in the previous plans of subdivision were developed. Mature tree species are located on the subject property. 4.2 Tree Preservation and Planting There are two rows of mature trees on the subject property, one row adjacent to Brookshire Square and the other row across the middle of the subject property. Due to the location of these trees and the required servicing and building construction activity on the lots, it will be very, difficult to achieve a significant level of tree preservation. However. preservation of existing trees on the subject property should be attempted, where practical, in order to retain elements of the existing vegetation. It is recommended that the required development agreement contain a provision which requires the owner to prepare a tree preservation and planting plan to the satisfaction of the City's Director, Planning & Development. This plan will include details of the proposed tree preservation, where possible, and the proposed boulevard tree plantings. The City will implement this condition through the associated land severance applications. Report to Council PD 27-01 Subject: Zoning By-law Amendment Application .:~ 39/00 Date: July 26, 2001 Page 5 083 4.3 Technical Matters The proposal will require that individual services be installed/storna, sanitaU, and water) for the proposed lots and that an extension to the main lines may also be required. The redevelopment of this property will require the existing grading to be lowered and the sidewalk relocated to the standard location. This proposal should be subject to a development agreement that addresses such matters as, but not limited to. lot grading, drainage and sodding, road restoration and cleaning, installation of services (storm connections, sidewalks, boulevard trees, driveway aprons, boulevards, utilities, et cetera.) and securities to ensure that these matters are satisfactorily completed. These matters are recommended to be secured through the conditions of land severance imposed by the City. The owner/applicant will be required to enter into an appropriate development agreement with the City to address all outstanding concerns. 4.4 Recon2mended Zoning Bv-lax~ :\mendment Lots abutting the sub, iect property to both the north and cast on Brookshire Square are zoned "S2" by Zoning By-law 3036, as amended by Bv-lax~s 1826 84 and 2661/88. This zoning permits minimum lot frontages oi'13.5 metres and minimum lot areas of 400 square metres. The applicant's proposal is consistent with the requirements of "S2" zoning and the proposed lot frontages will be compatible with the existing lot frontages in the neighbourhood. Lots with 13.5 metre frontages can be introduced along Brookshire Square without negatively impacting the neighbourhood character. Thc Draft hnplcmenting By-law (see Appendix IlL applies thc "S2" standards as established in amending Zoning By-laws 1826/84 and 2661/88 to Zoning By-law 3036. :\ttachment =9 provides a conceptual building envelope, reflective of the proposed zoning standards. The conceptual drawing identifies the maximum area available. The entire enx elope would not be occupied by a dwelling, as the zoning bv-lax~ limits development to 38°0 lot coverage. The dwelling would be situated within the envelope. It is recommended that Council adopt the draft implementing zoning by-law for Zoning By-law Amendment Application A 39/00, attached as :Xppendix II to Report Number PD 27-01. The proposal is compatible with the current lotting pattern and built form of the area, and will not adversely affect neighbourhood character. 4.5 Lot Creation The Planning & Development Department recommends that Council permit the exemption request by Marion Hollinger to proceed by land severance as opposed to plan of subdivision, as all servicing is available on the street and the proposed lotting pattern is consistent with the existing neighbourhood. 5.0 Applicant's Comments The applicant has reviewed and concurs with the recommendations outlined in this Report. 084 Report to Council PD 27-01 Subject: Zoning By-law Amendment Application A 39/00 Date: July 26, 2001 Page 6 ATTACHMENTS: 2. 3. 4. 5. 6. 7. 8. 9. Property Location Map Applicant's Submitted Plan Information Report No. 08-01 Minutes of March 22, 2001 Statutory Public Meeting Resident Comment - Robert Haas, 1837 Holbrook Court Staff Comment - City's Supervisor, Development Control Agency Comment - Durham Region Planning Department Existing Zoning Conceptual Building Envelopes Prepared By: Planning Technician Approved / Endorsed by: Neil~C arroll,MM~,~Rpp~' Director, P lanning-~-'~ evelopm ent Lynda Taylor, MClP, RPP Manager, Current Operations RXD/jf/pr Attachments Copy: Chief Administrative Officer I Recommended for the consideration of Pickering City Council Thomas J. Quinn, Chief Administrative Officer APPENDIX I TO REPORT NUMBER PD 27-01 085 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAYV AMENDMENT APPLICATION A 39/00 1.0 That the implementing zoning by-law: a) change the zoning designation from "R3" Residential Detached Dwelling Zone to "S2" -Residential Detached Dwelling Zone in Zoning By-law 3036, on the subject lands to include, but not be limited to, the folloxvin~ performance standards and requirements: i) ii) iii) iv) v) vi) vii) viii) ix) x) minimum lot frontage of 13.5 metres: minimum lot area o1'400 square metres: n'finirnun~ interior side yard widths oi' 1.2 metres on each side or minimum 1 .$ metres one side and no minimum other side: min~mun~ rear yard depth of 7.5 metres: mimmum front yard depth of 4.5 metres: maxm~um lot coverage of 38%; n~axlmum dwelling height of' 12.0 metres: mimmum gross-floor area residential of 100 square metres; 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 lines and not less than 6.0 metres from any side lot line immediately ad.ioinmg or abutting on a rcsem'e on the opposite side of which is a street: minimum building separation oi' 1.$ metres. 2.0 That the following conditions be applied to any future Land Division Applications: a) that the applicant owner enter into an appropriate development a~eement with and to the satisl;action of the City to address matters typically contained in a subdivision a~eement. Such matters to include, but not necessarily limited to, stormwater management, grading and engineering, service installation, fencing, financial obligations, construction management, tree inventory and preservation, and siting and architectural design. (Such statement to specifically address house placement, north wall design and garage location of the proposed dwelling on the lot immediately adjacent to Lots 49 - 52, Plan 4OM-1390). 086 APPENDIX II TO REPORT NUMBER PD 27-01 AMENDING ZONING BY-LAW TO IMPLEMENT ZONING BY-LAW AMENDMENT APPLICATION A 39/00 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 087 Being a By-law to amend Restricted Area (Zoning) By-law 3()36. as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Part of Lots 88 and 89. Plan 1051 in the City of Picketing. (A 39/00) WHEREAS the Council of The Corporation of the City of Pickenng deems it desirable to peru:it the development of five lots providing minimum lot frontages of 13.5 metres to support detached dwellings, on lands being Part of Lots 88 and 89, Plan 1051. City of Picketing; AND WHEREAS an amendment to By-law 3036 is therefore deemed neccssars'; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands m Part of Lots 88 and 89, Plan 1051 in the City of Picketing. designated "S2" on Schedule I attached hereto. o GENERAL PROVISIONS No building, land or part thereof shall hereafter be used. occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling~ shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "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. Sin_ok or Sino_le Dwellino_' shall mean a single dwelling containing one dwelling unit and uses accessorx' hereto; (d) "Dwelling,_ Detached or Detached Dwellin~o" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; 088 (2) (3) (4) -2- (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) __ "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 ~vith any accessory buildings or structures, or a public park or open space area, regardless of wiqether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (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; "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 1~'~ is appurtenant to and located on the same lot as a building or_~nd is open, uncovered, and unoccupied above ground except for~e'ssory buildings, structures, or other uses as are specifically pennitfedl~'on; (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 mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (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) "Interior Side Yard" shall mean a side yard other than a flankage side yard. -3- PROVISIONS (1) 089 (a) Uses Permitted ("S2" Zone) No person shall within the lands designated "S2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements I"S2" Zone) No person shall within tile lands designated "S2" oil Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the 1blloxving provisions: ii) LOT AREA (minimum): 400 square metres; (ii) LOT FRONTAGE (minimum): 13.5 metres; (iii) FRONT YARD DEPTH (mininaunl): 4.5 metres; (iv) SIDE YARD \VIDTH (mininmm): A minimum 1.2 metres each side: or (v) fyi) (vii) (viii) (ix) (x) B e' REAR YARD D um ): LOT CO\'TRAG~,ximum ): BUILDING HEIGHT (maximum): minimum 1.8 me e side and no nnnimum other side; '.5 metres; 3 S percent; 12.0 metres; DWELLING UNIT REQUIRE.\iENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; PARKING REQUIREMENTS: minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 0.0 metres t'rom the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserYe on the opposite side or'which is a street; SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres. -4- 090 BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this day of ,2001. Wayne Arthurs, Bruce Taylor, Clerk \ SCHEDULE I TOBY-~ PASSED THIS. DAY OF 2001 MAYOR CLERK 092 ,'rrAcm~rr ~_/. 1'0 P. EPORT ~ PD ,42 7 - o i FINCH AVENUE FINCH AVENUE TAPLIN DRIVE OLENANNA ROAD GABLEHUR: ROAD CRESCENT 'REET VOYAGER BONITA AVENUE GLENANNA RD. HEDGEROW STROUDS LANE NINOARDEN CRES AVENUE MEADOW JACQUELINE WELRUS STREET COURT IROOK SHEPPARO AVENUE ROAD DUNE City of Pickering Planning & Development Department DATE JULY 10, 2001 093 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 39/00 M. HOLLINGER T}-tfS MAP WAS PRODUC~_D BYTHE CITY' OF PICKERING PLANNING & DEVELOPMENT DEPARTMENt, FEBRUARY23, 2001. 094 PICKERING INFORMATION REPORT NO. 08-01 FOR PUBLIC INFORMATION MEETING OF March 22, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 39/00 Marion Hollinger Part of Lots 88 and 89, RCP Plan 1051 Now Part 1, Plan 40R-19836 and Part 1, Plan 40R-19908 (1878-1886 Brookshire Square) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the west side of Brookshire Square, east of Fairport Road; a property location map is provided for reference (see Attachment #1); the subject property has approximately 67.5 metres of lot frontage and 3588 square metres (0.358 of a hectare) of lot area; - the subject property is currently vacant; the subject lands support mature vegetation along both Brookshire Square and the interior of the property; the surrounding land uses include residential development to the north, south, west and east. APPLICANT'S PROPOSAL the applicant, Bryan T. Davies, on behalf of the owner, Marion Hollinger, proposes to change the zoning on the subject lands from the current "RY' Residential Detached Dwelling Zone, which requires a minimum lot frontage of 18 metres and a minimum lot area of 550 square metres to "S2" - Residential Detached Dwelling Zone, which requires a minimum lot frontage of 13.5 metres and a minimum lot area of 400 square metres; the applicant proposes to sever the existing property in order to develop five 13.5 metre lots, and establish zoning which would permit the development of five new detached dwellings; the Applicant's Submitted Plan is provided for reference (see Attachment #2); the applicant has not yet applied to the Durham Land Division Committee for the proposed severances. OFFICIAL PLAN AND ZONING Durham Regional Official Plan - the Durham Regional Official Plan designates the subject lands as "Living Area"; - the application appears to conform with this designation; Information Report No. 08-01 ATTACHMENT #~TO "~Z...PORT t PO ~-~ ~~ Page 2 3.2 095 Pickering. Official Plan the Picketing Official Plan identifies tile subject lands as being located within an "Urban Residential-Low Density Area" within the Liverpool Neighbourhood; permissible uses within this designation include residential uses, home occupations, limited retailing of goods and services, limited offices serving the area, community, cultural and recreational uses, compatible emplo?nent uses, and compatible special purpose commercial uses serving the area: the applicant's proposal appears to comply with this designation; 3.3 4.0 4.1 4.2 4.3 Zoning. By-law 3036 - the subject property is currently zoned "R3" Residential Detached Dwelling Zone, by Zoning By-law 3036, as amended; - an amendment of the zoning by-law is required to allow the applicant's proposal to proceed. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to-date; A_5_gencv Comments (see Attachment ~3) No Objections or Concerns: - The Durham District School Board: Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · a comparison between the proposed lot frontage, and the range of existing lot frontages in the neighbourhood; · an assessment of the compatibility of the proposed development with the existing built form; · a determination of the impacts of the proposed development on the identity and character of the neighbourhood; · the impact that development may have on the existing vegetation on the subject property. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department: oral comments may be made at the Public Inlbrmation Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reser~,e the option to appeal Council's decision, you must provide comments to the City before Council adopts an>' bv-la~v for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 0,12} 6 Information Report No. 08-01 ATTACI-IMIRfr f_ ~ TO Page 3 "MPORTP PD ~27-~ t 6.0 6.1 6.2 OTHER INFORMATION Information Received - copies of the applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; Appendix No. 1 list of neighbourhood residents, community associations, agencies and City Departments that have commented on the application at the time of writing this report. Ray Davies Planning Technician RD/pr Copy: Director, Planning & Development Lynda Taylor, MCIP, RPP Manager, Current Operations ATTACHMENT f~TO ~OFIT ~ PD_ ,~ ? - ~/ APPENDIX I TO INFORMATION REPORT NO. 08-01 097 COMMENTING RESIDENTS AND LANDOXVNERS (1) none received to-date COMMENTING AGENCIES (1) The Durham District School Board COMMENTING CITY DEPARTMENTS (1) none received to-date 098 ATTACHMENT ,q~PORT ~ PD Excerpts of Statutoo, Public Information Meeting Minutes of Thursday, March 22, 2001 Cite STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, March 22, 2001 at 7:00 p.m. in the Council Chambers. The Manager, Current Operations Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (iv) o ZONING BY-LAW AMENDMENT APPLICATION A 39/00 MARION HOLLINGER PART OF LOTS 88 AND 89, RCP PLAN 1051 NOW PART 1, PLAN 40R-19836 AND PART 1, PLAN 40R-19908 (1878-1886 BROOKSHIRE SQUARE) Ray Davies, Planning Technician, provided an explanation of the application, as outlined in Information Report #08-01. Bryan T. Davies, Applicant, stated that S2 is appropriate zoning for these lots, fitting into the lands to the north and east. As much vegetation as possible will be saved and replacement trees will be placed where appropriate. Ian Lazenby, 1864 Brookshire Square, questioned why the reduction from 18 metres to 13 '/2 metres, what the setback of houses would be from the street and would the sugar maple close to his property line be saved. John Cox, 905 Gablehurst Cres., questioned how far back on the property will the house be placed. He advised that his property backs onto the property in question and his concern is that the proposed residence will be very close to his property. Roy Fells, 903 Gablehurst Cres., commented on his concern that all trees at the back of his property will be lost and with the placement of the new residence. Robert Hass, 1836 Holbrook Crt., has noticed that a number of trees have already been removed and wondered if it is appropriate for this to be happening prior to the Planning & Development Department reviewing the site and determining the significant trees that should remain. He questioned how staff determined that this application fits with the area and what criteria was used for this application to meet the R2 zoning. He advised that when the gray house was built, every tree was felled and he questioned if they will be replaced and how can the residents have confidence that this will not happen to the remaining trees. When will a written response be received from the Planning & Development Department? Paul Groves, 1839 Holbrook Crt., advised that there are 60' to 70' pines and these will have to be removed for access to the proposed development. He suggested that these trees be moved to the back along the property line. ATTACI-llVIDfI' 1~ oH TO .~£PORT ,f PD --;.,~- CC, i Bu'an T. Davies, Applicant, advised that the entire area was zoned R3 and the S2 zoning for this area came later. Placement of the houses should not interfere with the preservation of thc trees. The Planning & Development Department would not allow unnecessary felling of trees. The requested zoning is appropriate for the area. Ray Davies, Planning Technician. provided the folloxving information concerning setbacks: 4' setback, front yard setback is 1 fi' and ,,ara,,e setback is ??' 100 ATTACHMENT ~_ .~ TO ~-~£?ORT # PD ~' 7 - ~ ~ 03/2L::/2081 21 · 82 '~058L::q~,o'3 [ ,3EiaflD At,fi, TI-r',." Memorandum From: D~e: Facsimile: Re: CiW Planning & Development Robexl Haas March 28, 2001 (905/420-9685 Zoning By-law Amendment Application A ~9/00 CITY 0 F f> ~ C. i-: ii{'} i i !'~ G 200! 01 CLERK'S DIVISIO,"'! GITY OF PICR~{;'iiN© PLANNIHG AND DEVELOPMENT DEPARTMENT....~ I have thc following questions/concerns regm ding tins proposed re-zoning 1 The following is a quote, from thc City of Pickenng Admimstrative Deparnnent's letter dated F~bruae, 27, 2001. "]te applicaut*s proposal appears to contbmi to lhe applicable o~cial plai~ ~d: the neighbourhood policies.' ~is stalement raises three hnpo~ant questions: ? ~:~(i)~ ;~ How did the A&~fistrativ~ Depamnent come to this conclusion? :{~i)~:;::hMore specifically, what criteria did the Administrative Depamnent usc in ?i::; '~;:~ analog at this conclusion9 cntena does the builder have to meet in order to have fl~e area rezoned to :~7;~ ::; .:: ~)'S-2" - Residential Detached Dwelling Zone9 2~ Tbj~¢ a~Pears to be a negative correlation bcm,een the number of homes buih, and the n~bet Of tr~s remaining, in a commtmiw ~fis builder w~ts 1o build more homes on this pr~rty ~an ~e CtlH~lt By-law allows. In ti~I of this what spec~fif steps are fl~e builder, mM tim CiD, of Picketing Plmnnng & Development D~m~ent, taking to save as many trees ~ possible? The following is an additional quote from the aforementioned letter: "An amendinem [o the zomng by-law would be reqmred m order to hnplemen! the applicant's proposal. Such an mnendinent would result m higher populaxion density m~d most probably the culling of more trees_ In light oftkis how would this proposed rezoning benefit our communiW? There are currently homes, on the opposite side of Bt'ookshire Square, wlfich face the proposed development. Each of these tour homes ~s sxtuated on a lot whose frontage (on Brookshire Square) is sigmficantly larger than 13.5 metres wide. Based on the houses inmtedialelv opposite the proposed development this rezmm~g does not appear to conform 'to the existing commmuty. Consequently, fl~e current "R3" - Residentxal Detached Dwelling Zone ~vould appear to be more appropriate. 5. ]_n my conversations with tGay Davies, he told me that no city officials have checked fids sight to de/ermine if there are m~y "sigq]ificant trees on the property" Despite lhis, numerous trees ' A'I-rACHMENT I~TO q~PORTtPD ~o/~ March 28, 2001 have recently been felled In i'act many trees Ikwe been taken dov,'n during the last four months What protecnon t.hcn is there for arty possible "significant trees" on this property given this scenario'> The folloWq~g staFF comments poit~on of In~brmat~on Report No 08-ill were as tbllows; reviewing the application lo-&lc. ~hc fbllowmg matters have bccn idenuficd 10v staff for fi~nhcr review and consideration. - A comparison benvecn thc proposed lot fl'orange and t}~¢ range of cx2sting lot frontages m the nei~bourhood: · An assessment of thc compat~b~htv nf the proposed development with thc existing built fbnn; · A detc~mat~on of Ibe impacls oF tJ~c proposed develol)ment on thc idcnn~' and character of d~e nei~bourhood~ 'Dm in)pact d'~at development max h:Bc on thc existing vtegelatkm On the subject property Regarding the first pom~. thc prol)ost'd lot /}onlagc d-~cs nt,t iSt m w~th thc homes Not having seen thc p~Ol~OSCd plans tb~ these homes I ;un not Ina posit on to asccqam whether these stn~cntres would be coml)atd)le xsith t{~o existing Regarding thc third concern, buitdmg iR)mos on nam'o~::~ tots would have a neganvc lmpacl on the ngighbourhood, as this would make lhc area more congested and consequently less desirable. Such a move would have a nagativc Hnpact on p~opelB kalucs in the inunedialc As thc subiect prope~W ~s app[oximatclv 67 q metres o1' lot ff()nNgc, and lhe property is cuwuntly m ~ "R3" zone reqmrmg a mmmmm tot flontage of 18 metres, the builder is cu~cntly only permuted to build three homes c)rq th~s prope~W Furthc~ore, the current By- law would not pemfil ~e btlildmg of fnue homes on ~hls p~operty If throe homes were built on fins proper% there ~uou]d be a ~cai oP~o~umB' to savg a lot oF the ex~stmg ma~re vegotat~on SqueeZing we bombs, onto muc}t narrower lots, could (mIr be achiev~ by felling consido~blv more trees Such impact on ~e eMst~g Please address concerns 1 to 5 lllCitlS1vt2. Any f'eedback rcgar(hpg point 0 ~ould also be welcomed Your prompt written response to the preceding concerns ts appreciated. My totaling address is: Robert Haas 1837 Ho!brook Court Pickerimg, Ontario LIV 7C2 Robert Ha~ 102 ATTACHMENT ~-- -~; _TO PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM March 16, 2001 To: From: Subject: Ray Davies Planning Technician Robert Start Supervisor, Development Control Zoning By-law Amendment Application A 39/00 Marion Hollinger Part of Lots 88 and 89, RCP Plan 1051 Now Part 1, Plan 40R-19836 and Part 1, Plan 40R- 19908 (1878 to 1886 Brookshire Square, south of Glenanna Road, west side of Brookshire Square) City of Pickering We have reviewed the above-noted application and provide the following comments: 1) Mainline storm and sanitary (Region) sewers and watermain (Region) are existing on Brookshire Square. However, individual services will be required to be installed for the proposed lots. Extension of the main lines may also be required. Satisfactory arrangements would need to be in place prior to approval. 2) The existing sidewalk fronting this property was initially installed to match existing grades. Redevelopment of this property will require the existing grading to be lowered and the sidewalk relocated to the standard location. 3) Approval of this' application should be conditional on the owner entering a Development Agreement with the City to control the above-noted items and such matters as lot grading and drainage and sodding, road restoration and cleaning, installation of services (storm connections, sidewalks, boulevard trees, driveway aprons, boulevards, utilities, etc.) and securities sufficient to safeguard the City. RS/pr Robert Starr Copy: Development Approvals Co-ordinator ATTACHMENT #_ .~.._~TO The Regional Municipality of Durham June 26, 2001 Ray Davies Planning & Development Department City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Davies: Planning Re: Department 1615 Dundas St. E. 4ih FloOr, Lang Tower Zoning Amendment Application A39/00 Applicant: Marion Ho[linger Location: 1878-1886 Brookshire Square Municipality: City of Picketing RECEIVED JUN 2 8 200] _, Georgieff, MCIP, RPP Commissioner ol Planning West Building RO. Box 623 We have reviewed this application and the following comments are offered with Whitby, ON L1N 6A3 (905) 728-7731 respect to compliance with the Durham Regional Official Plan, the proposed Fax: (905) 436-6612 method of servicing and delegated provincial plan review responsibilities. The www.~.h__a~:pj}:qa purpose of the application is to rezone the captioned ands to faoilitate the potential creation of five (5) residential lots, with reduced tot frontage, through the consent process. The subject property is designated "Living Area" in the Durham Regional Official Plan. Lands within this designation shall be used predominant y for housing purposes and shall be developed to incorporate the w~dest possible variety of housing types, sizes and tenure. The proposed amenament ~s ~n conformity w~m the Durham Regional Official Plan. The Regional Works Department notes that municipal water anc sanitary sewer services are available on Brookshire Square to service the proposea lots. however, a sanitary sewer extension may be required ~ order To service the two most southerly proposed lots. Regional requirements, financial and otherwise, are to be satisfied through conditions imposed during the Land Division process. This application has been screened in accordance with the Terms of the provincial plan review responsibilities and no provincial interests appear to be affected. If you have any questions or require additional information please call me. Yours truly, Celeste Terry, Plan~~--'~ Plan .Implementation Current Operations Branch ¢,¢¢-<~' cc. Region of Durham Works Department, Attn. V. Goaa ~.~?'.?*' .... "Servl~o' ExceHerl~SPLOOO2\DATA\DATA~pim.ct,,zon~ng,p,.,a.39.00.doc y" ATTACHMENT ~= ~o TO REPORT # PD ~.-'/- L~ I EXISTING ZONING O O,~SOENT ~ t, I d S S4 2 S2-! ! R3 ~ oust ~ ~ S3'7 ~ o S2-12 BONITA AVENUE R3 NP F~3 < S2 > O ° ~ R4 R3 S2 ~ ~ o ~ ° z o~-7 ~ R3 ~ ~ S2 I ~ R3 City of Pickering Planning & Development Depadment FRONTAGES S2- 15.5m S4- 9.0m R~-18.0m ] DATE JUL 30, 2001 ATTACHMENT #._~..~TO REPORT ~ CONCEPTUAL BUILDING ENVELOPES M. HOLLINGER A 39/OO N I,VFO~TI~,~ ~ ~UPPOPT SEP~CES, JULY 27, 2~1. 106 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Zoning By-law Amendmem Application A 07/01, submitted by M. Ellis, on lands being Lot 111, Plan 816, City of Pickering, to amend the zoning of the northerly portion of the subject lands from "R4" to an appropriate zone category, in order to permit the creation of a lot with a minimum 12.5 metre lot fi'ontage and a minimum lot area of 360 square metres and to recognize the existing dwelling on the southerly portion of the subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 28-01; and That the amending zoning by-law to implemem Zoning By-law Amendmem Application A 07/01, as set out in drag in Appendix II to Report Number PD 28-0t, be forwarded to City Council for enactmem. PICKERING REPORT TO COUNCIL 107 FROM: Neil Carroll Director, Planning & Development DATE: July 20, 2001 REPORT NUMBER: PD28-01 SUBJECT: Zoning By-lay, Amendment Application A M. Ellis Lot Ill,PlanS16 (East side of Highbush Trail. south of Sheppard Avenue) City of Picketing RECOMMENDATION: That Zoning By-law Amendment Application A it7 01. submitted by M. Ellis, on lands being Lot 111, Plan 816. City of Picketing. to amend the zoning of the northerly portion of the subject lands from "R4" to an appropriate zone categoo', in order to permit thc creation of a lot with a minimum 12.5 metre lot frontage and a nfinimum lot area of 360 square metres and to recognize the existing d~ elling on the southerly portion of the subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 28-01; and: That the amending zoning by-lay,' to implement Zoning Bx-lax~ Amendment Application A 07,,"01, as set out in draft in .Appendix ii to Report Number PD 28-01, be forwarded to City Council for enactment. ORIGIN: Zoning By-law Amendment Application A 07/01 submitted to the City of Pickering. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P, 13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: The subject property is located oi-1 thc east side of Highbush Trail and currently supports a detached dwelling on the southerly portion of the property (see Attachment #1 - Location Map). The subject lands are currently zoned "R4", which requires a minimum lot frontage of 15.0 metres and a minimum lot area of 460 square metres. The applicant proposes to amend the existing zoning on the northerly portion of the subject lands from "R4" Detached Dxvelling Residential Zone to an appropriate zone categou' that will permit the creation of an additional lot for a detached dwelling, with a 12.5 metre lot frontage and a minimum lot area of 108 Report to Council PD 28-01 Subject: Zoning By-law' Amendment Application A 07/01 Date: July 20. 2001 Page 2 360 square metres. An additional amendment to the existing zoning is required to address side yard non-compliances of the existing dwelling. The applicant has not yet made application to the Durham Land Division Committee for the proposed severance. The proposed development reflects a unique lotting that will not adversely impact the existing neighbourhood and that is appropriate for this particular situation. It is recommended that Council approve Zoning By-law Amendment Application A 07/01, and that the draft amending zoning by-law set out in Appendix I to Report Number PD 28-01, be forwarded to City Council for enactment. BACKGROUND: l.O Information Meetin~z A Public Intbrmation meeting was held on June 20, 2001. to discuss the applicant's proposal. Information Report No. 1%01, which summarizes the applicant's proposal and outlines the issues identified through circulation of the application, was prepared for the meeting. The text of the Information Report is provided tbr reference (see Attachment #3). At the Public Information Meeting, Planning staff gave an explanation of the application. No residents appeared at the Public Inlbrmation Meeting. Minutes of the meeting are included as Attachment #4. 2.0 Additional Information Since the preparation of Information Report No. 17-01, the following agency comments have been received: Veridian Connections has advised that they have no objections to the application. 3.0 Discussion 3.1 Neighbourhood Character The character or appeal of a neighbourhood is determined by a variety of factors, not simply lot frontage. Such elements as building size and architectural design, front and side yard setbacks, height, garage placement and quality of vegetation are also important components of neighbourhood character. This neighbourhood features a variety of housing styles, which vary in size, setback, age, architectural design and building materials. Recent construction activiU' on Highbush Trail has been for larger two-storey brick homes. The subject property currently supports a two storey brick dwelling located on the southern portion of the lot. An abnormally large side yard is provided on the north side of the dwelling and it is this portion of the property that the applicant wishes to sever into a lot for the development of an additional detached dwelling. The northern portion of the property is difficult to view from the street as it is well screened by an existing cedar hedge. It is anticipated that the hedge will be required to be removed with construction of the new dwelling due to grading, servicing and construction requirements, increasing the exposure of the northern part of the property. Under this condition, the zoning provisions become even more important to maintain the character of the surrounding neighbourhood. Report to Council PD 284)1 Subject: Zoning By-law Amendment Application A 07 '{7) I Date' July 20.200t Page 3 109 Recommended Zoning Bx-law Provisions A [)raft By-lax,. attached as Appendix I1 to this IlOpOF[. }'las booI] prepared \\lhich provides pertbrmance standards respecting front yard dcpfla, maximum building lncight and maximum lot coverage with tiao intent to ensure flaat the proposed lot auld i'lex\' dx\oiling \\'ill maintain the character of the surrounding neighbourhood. The Draft By-lax\ (attached as Appenctix II to this report! includes a minimum front xard depth of 7.5 metres, which is consistent with thc current standards tbr other lots on t tighbush Trail. The existing siting of dwellings on t tishbush Trail is quite i~cgular, with a number of the older dx\citings sot back wall be\end thc tFpical lkont yard depth of 7.5 metres, ttowever, i~aallx of the ncwh constructed homos haxc been built at thc mildmum 7.5 metre setback. 'Fl~e dx~elliims on abutting propcrtie> to tho north and souttn of the subject propcrt> appear to be constructed at or near tiao minimum setback requirement whereas the existing dwelling pro\ides 'a much l'ar,~cr front yard depth. I'hc minimum front yard depth provision of 7.5 metres in thc draft bx-laxm xxill assist in wcscrx in~ thc existing streetscape character on Highbush 'I rail. A maximum building height oi'9 metres has been proxidcd in thc [)rail Bx-laxv to ensure that thc dwelling on thc noxx lot does not impose on thc cxistiw,= streetscape and nei~hbourina dwellings. Thc cxistim, aradcs on }t~_hbu. h Yrail create a condition that could result in a "perched" dxx cllin,~, with a ground I]oor clcx atiou si~nificanth' higher than the street. This condition, combined with the smaller lot IS'enrage. could typicall} resull in a hiahcr built /brm as Iix'in,, space is accommodated on a 5ccoi)d 5[OI'C%. A 9 metre height restriction will assist m cnsurin2 that the new ctxxcllin~ doc5 m>t appear higher than the existing dwellings on Highbusln l'rail. The Draft Bv-laxv pro\ides tbr 'a n2axilnurla lot co\craze of 38 poi'cent. The existing zoning coverage provision lbr other lots on t tighbush Trail is 33 percent (for lots with minimum frontage of 15.0 metres and minimum area of 40{) square metros>, lbo increased lot coverage included in the draft by-taxx will assist in ensuring that thc massinu of thc new dwelling is able to spread out across thc lot. while mailuaining thc proposed setbacks, as opposed to a higher built lbma which xxould have a greater impact on thc strcetscapc. In addition, the draft by-lax\ includes a special regulation that recognizes tine south side yard width of the existing dwelling. Thc by-law includes the provision Ibr a minimum 1.4 metre side yard width applicable ontx to the southern portion of thc property. This will alleviate zoning concerns at the land severance stage and am future development of the su(ject lands. 3.3 Appropriateness of the Application Ahhough the frontage of the proposed northerlx scxercd lot is smaller than existing lots on Highbush Trail, it was determined ttnat this situation is unique and that through the inclusion of specific performance standarcts in thc zoning bx-laxx, thc creation of this lot will have little impact on the existing character of thc sklrrOtllqdilqg nci?~bourlqood (Sec Attachment ~5 - Map of Existing Lot Frontages ). Examination of existing lottin~ on }di:hbL,, ~,,,h' I'raii indicates that there arc no additional lots with a developed condition similar to that ~I' the subject property (that is, with a large frontage and dwelling sited to thc extreme side of the lot). that would benefh l¥om a similar zoning amendment to that requested b\ this application. Re\lc\\ of existing lot frontages on Highbush Trail indicates that, of thc approximatel) 43 properties that front the north / south potion of Highbush Trail. only two provide lot frontages bet\\een 25 and 30 metres that could potentially benefit from a frontage requirement reduction to 12.5 metres. However these lots currently support well-maintained detached dxvellings that are sited in a manner incondusivc to severance and or haxe grading issues xxhich \vould complicate any severance attempt. 110 Report to Council PD 28-01 Subject: Zoning By-law Amendment Application A 07 ()1 Date: July20,2001 Page 4 The remaining lots on Highbush Trail have frontages below-25 metres and theretbre would not benefit from a lot frontage reduction equal to that requested by this application. Consequently, the reduced frontage requested bv the applicant is considered to represent a unique situation that should not establish a development precedent for Highbush Trail or encourage further rezoning requests. Accordin,,lx' staff recommend that Council approve Zonino By-law Amendment Application A 07/01. as set out in draft in Appendix I to Report Number PD 28-01. Further. staff recommend that the draft by-law be forwarded to City Council fbr enactment 4.0 Applicant's Comments The applicant has reviewed the contents of this Report and draft by-law and concurs with the contents. A F FA(HMENT~: 1. Property Location Map 2. Applicant's Submitted Plan o. Information Report 4. Minutes of Public Intbrmation Meeting 5. Map of Existing Lot Frontages Prepared By: Planner I Approved/Endorsed By: Director, Pl'an'l'rPlYg & Development Lvnda Taylor, MCIP RPP Manager, Current Operations TB/jf/pr Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas J. Quinn, Chief Administrative Officer APPENDIX I TO REPORT NUMBER PD 28-01 111 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LA~' AMENDMENT APPI.ICATION A 07/01 Ia) That the implementing bv-lax~ zoning bv-lax~ · (i) (ii) (iii) (ix) (v) (vi) shall amend Bv-laxv 2912 88 by changing the zoning on the subject property from "R4" Fourttn Density Residential Zone to "R4-18" Detached Residential Zone. shall include a mininaun~ lot fronta-e of 1" ':, metres. shall include a minimum lot area of 30!1 square metres. shall include a maximum building height oi-9 metres. shall include a mJnin2um side yard width o~' 1.5 metres. shall maintain tiao "R4" - Fourttn Density Zone provisions on the proposed southerly lands save and except thc side yard width requirement, which shall be a minimum 1.4. metres in order to recognize an existing non-compliance. APPENDIX II TO REPORT NUMBER PD 28-01 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 07/01 1!.3 THE CORPOtLqTION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area tZoning) Bv-laxv 3036. as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Lot 111, Plan 810. in the City of Picketing. fA 07/01) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to pemdt the development of a detached &veiling; AND WHEREAS an amendment to By-lay,' 3036, as amended, is theretbre deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and declared to be part of this Bv-laxv. references showiq thereon is hereby AREA RESTRICTED The provisions of this Bv-laxv shall apply to those lands in Lot 111. Plan 816, designated "R4-18" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used. occupied, erected, moved, or structurally altered except in conlbrmity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dweltin~ shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "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) "Dwellin~le or Sino_le Dwellin,.z" shall mean a single dwelling containing one dwelling unit and uses accessory hereto: (d) "Dwelling= Detached or Detached Dxvelling~ shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of tt~e floor surface contained within the outside walls of a storey or part of a store.,,': (b) "Gross Floor Area - Residential" shall mean the a~areaate 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: 1].4 (3) (4) (5) -2- (a) __ "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (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; "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; ,~ "Yard" an.glll~~ ~ which is appurtenant to and located on the (a) shall mean same lot as a buil~'ctt e and is open, uncovered, and unoccupied above ground exc¢ accessory buildings, structures, or other uses as are specifically pe ~d thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (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; PROVISIONS (1) (a) Uses Permitted ("R4-18" Zone) No person shall within the lands designated "R4-18" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements ("R4-18" Zone) 11_5 No person shall within the lands designated "R4-18" on Schedule 1 attached hereto, use any lot or erect, alter, or use any building except in accordance with the provisions of Section 10.2 of Bv-laxv 3030. A B Despite Section 5.(b) above and Section 10.2.3 of Bv-laxv 3036 on the lands not cross hatched on Schedule I attached hereto a minimum south side yard width~ot~etres stroll be provided. Bv-laxv o036 t'~'~5"llov/mg provisions shall apply to the lands cross-hatched ~?Schedule I attached hereto: i) LOT :\REA (minimun~ t: 360 square metres; ii) LOT FRONTAGE (minimum): 12.5 metres; (iii) SIDE YARD WIDTH {minimum): 1.5 metres; (ix') LOT COVERAGE (nlaxin~ulTl): 38 percent; (v) BUILDING HEIGHT (maximun~): 9 metres; 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to thc extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of Bv-lax~ 3!)36. as amended. 7. EFFECTIVE DATE This By-law shall take effect from the da,,,, of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this __day of ,2001. Wayne Arthurs, Mayor Bruce Taylor. Clerk R4-18 SCHEDULE I TO BY-~W~~ PASSED THIS DAY OF ~01 MAYOR CLERK ATTACHMENT t~TO .~5PORT # PD~ 117 ROUGEMOUNT DRIVE iJ PLACE RAINY DAY STEEPLE HILL AVENUE City of Pickering OuCE TOYN~VALE ROAD Planning & Development Department PROPERTY DESCRIPTION LOT 111, PLAN 816 OWNER M. ELLIS APPLICATION No. A 07/01 DATE SCALE FOR DEPARTMENT USE ONLY PN-6 PA- ATTACHMENT #., ~ ~POPCr ~ P~ 9.~ -o I TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 7/01 M. ELLIS LOT 112 ?~ ~63°5~°~5 113(1393 t % % LOT 110 LoT 96 pLAN ?~ ~3 THIS MAP WAS PRODUCED BY THE crrY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. INFORMATION & SUPPORT SERVICES, JULY 27, 2001 ATTACHMENT #~ ~ TO REPORI' ~ PD rJ-~k - ~ I _ 119 PICKERING INFORMATION REPORT NO. 17-01 FOR PUBLIC INFORMATION MEETING OF JUNE 20, 2001 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 07/01 M. Ellis Lot 111, Plan 816 (East side of Highbush Trail, south of Sheppard Avenue) City of Picketing 1.0 2.0 3.0 3.1 3.2 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the east side of Highbush Trail, south of Sheppard Avenue and is an irregularly shaped parcel approximately 986 square metres (0.09 ha) in size and provides an approximate 28 metre lot frontage (see location map - Attachment # 1 ); one detached home exists on the south side of the subject property; the subject property is surrounded by detached residential development with a variety of housing types, building heights, building setbacks and lot frontages. APPLICANT'S PROPOSAL - the applicant proposes to sever the existing property into two lots, and establish zoning which would permit the creation of a lot with a minimum 12.5 metre lot fi'ontage and a minimum lot area of 360 square metres. The creation of this lot is intended for the development of an additional detached home on the north portion of the subject property (see applicants submitted plan - Attachment #2); - at the time this report was prepared the applicant had not submitted an application to the Durham Land Division Committee to initiate the severance process. OFFICIAL PLAN AND ZONING Durham Regional Official Plan the Durham Regional Official Plan designates the subject lands as "Living Area"; the applicant's proposal complies with this designation; Pickering Official Plan Schedule I of the Picketing Official Plan - "Land Use Structure", designates the subject lands as "Urban Residential Areas - Low Density" which permits residential development up to and including 30 milts per hectare; the applicant's proposal complies with this designation; section 11.8(a) of the Official Plan's Woodlands Neighbourhood policies, states that City Council shall, in the established residential areas along Highbush Trail, Old Forest Road, Rosebank Road and Sheppard Avenue, encourage and where possible require new development to be compatible with the character of existing development. 120 Information Report No. 17-01 ATrACHM~NT~ -~ ~ ,~'PORT We PD '~, - 0 ~ Page 2 3.3 Zoning By-law - Zoning By-law 3036 identifies the subject lands as 'R4' - Residential Fourth Density Zone, which requires a minimum lot frontage of 15 metres and a minimum lot area of 460 square metres; - an amendment to the by-law is required to allow the applicant's proposal to proceed. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no written resident comments have been received to date; 4.2 Agency Comments No Objections: - The Durham District School Board (See Attachment #3); 4.3 Staff Comments in evaluating the merits of this application, staff's review will include the following: - a comparison between the proposed lot frontage, and the range of existing lot frontages in the neighbourhood; - an assessment of the compatibility of the proposed development with the existing built form; - a review of the proposed grading and drainage plan; - a review of the existing vegetation on the lands subject to this application and any potential preservation, where appropriate. - a review of the technical amendments that may be necessary to address non-compliance(s) with the existing dwelling. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning and Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Recommendation Report prepared by the Planning and Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Picketing Planning and Development Department. Lynda T.,ffylor _~ . Manager, Current Operations JTB/jf Copy: Director, Planning and Development ATTACHMENT ~. ~ TO .~EPORT # PD.~~ _ APPENDIX I TO INFORMATION REPORT NO. 17-01 COMMENTING RESIDENTS AND LANDOWNERS ( 1 ) none received to date COMMENTING AGENCIES (1) The Durham District School Board COMMENTING CITY DEPARTMENTS none received to date 192 ATTACHMErCr ~ ~ TC "-,:~OR'T ~- pr',. "~% - 0 I STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Wednesday, June 20, 2001 at 7:00 p.m. in the Council Chambers. PRESENT: L. Taylor T. Barnett - Manager, Current Operations Division - Planner I The Manager, Current Operations Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (i) ZONING BY-LAW AMENDMENT APPLICATION A 07/01 M. ELLIS LOT 111, PLAN 816 (EASTSIDE OF HIGHBUSH TRAIL SOUTH OF SHEPPARD AVENUE) Tyler Barnett, Planner I, provided an explanation of the application, as outlined in Information Report #17-01. M. Ellis, applicant, advised that she was present to answer any questions. Paul Jones, 2328 Southcott Rd., stated his support of the application. (II) ADJOURNMENT The meeting adjourned at 7:15 p.m. Dated Clerk ATTAO HI,'I, EI'~T MAP OF EXISTING LOT FRONTAGES(m) 30.67 18.54 HIGHBUSH TRAIL.<'. 20.46 25 79 /~. 15.25 ,,~ O 22.08 25.93 2003 21 33 '6 1[ 15.82 15.33 15.33 15.65 16.26 15.24 16 10 16.69 16.79 16.42 34.17 22.00 PROPERTY '5.86 1624 22.55 16.53 32.95 23.71 33.02 33.12 1647 1652 ~ 32.81 16.26 ~ 43.55 ,-.,..,I 16.26 3252 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report Number PD 25-01 of the Director, Planning & Developmem be endorsed as the City's comments on the draft Report entitled "The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape"; and That a copy of Report Number PD 25-01 be forwarded to the Regions of Durham, York and Peel, and the Ministry of Municipal Affairs and Housing for their information. REPORT TO COUNCIL 125 FROM: Neil Carroll Director, Planning & Development DATE: July 17, 2001 REPORT NUMBER: PD 25-01 SUBJECT: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape Draft Report Prepared by the Regions of Durham, York and Peel RECOMMENDATION: That Report Number PD 25-01 of the Director, Planning & Development be endorsed as the City's comments on the draft Report entitled "The Oak Ridges Moraine - Proposals for the Protection and Management ora Unique Landscape": and: That a copy of Report Number PD 25-01 be ibrwarded to the Regions of Durham, York and Peel, and the Ministu of Municipal Affairs and Housing for their information. Correspondence dated June 20. 2001 from A. L. Georgieff. Commissioner of Planning, Region of Durham Planning Department. requesting comments on the draft Report entitled "The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape". AUTHORITY: The Planning Act, R.S.O. 1990, Chapter P.13 FINANCIAL IMPLICATIONS: No direct costs are anticipated to the City at this time. EXECUTIVE SUMMARY: The Regions of Durham, York and Peel, in partnership with interested Ministries, Counties, and the nine Conservation Authorities with watersheds on the Oak Ridges Moraine, have prepared a draft document entitled "The ()ak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape" dated May 2001. In general, the Report identifies key issues of concern with respect to the Oak Ridges Moraine natural systems and recommends strategic directions in four areas to protect the moraine: groundwater management; natural heritage data management; policy; and land securement. In general, planning staff supports the initiative by the three Regions and its parmers in advancing the development of a long-term strategy for the Oak Ridges Moraine. Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape July 17, 2001 Page 2 BACKGROUND: 1.1 Oak Ridges Moraine The Oak Ridges Moraine (ORM) is a distinct landform feature, which extends 160 kilometers from the Niagara Escarpment to Trenton. The ORM performs essential hydrogeologic functions by serving as a groundwater recharge / discharge area, contributes baseflow for a number of watercourses and contains significant natural heritage features. The ORM occupies 21% of the total combined land area of the Regions of Durham, Peel and York. The ORM also supports the most extensive and diverse wildlife habitat in the Greater Toronto Area (GTA). It contains a large number of environmentally significant natural core areas and large forested tracts. At the same time, the ORM supports a wide variety of lands uses including agriculture, recreation, aggregate extraction, golf courses, and both rural and urban settlements. 1.2 History In Jur:~ ~.991, the Province declared a general expression of Provincial Interest on the Oak Ridges Moraine in the GTA due to mowing concerns about the potential loss of the ORM to urban growth. As an interim measure, the Province adopted the Oak Ridges Moraine Implementation Guidelines to guide development until a long-term strategy for the protection of the Moraine was formulated and approved by the Province. A draft strategy was submitted to the Minister of Natural Resources by the Oak Ridges Moraine Technical Working Committee in November 1994. Since that time, there has been no finalization of the strategy for the ORM or clarification of the status of the interim Oak Ridges Moraine Implementation Guidelines by the Province. In 1999, Durham, Peel and York Regional Councils endorsed the need for a co-ordinated long-term strategy for the ORM, and directed that discussions with the Province be undertaken to obtain its commitment and financial support for a co-ordinated strategy for the protection and long-term management of the OP~M in the Greater Toronto Area. The resulting September 1999 background paper, entitled "Oak Ridges Moraine - Towards a Long Term Strategy" described the background, history and importance of the Oak Ridges Moraine, and discussed in detail the existing policy context, the state of the natural heritage and hydrogeological data, and recommendations leading to a long-term strategy. Since that time, the three Regions, in conjunction with nine conservation authorities and five adjacent upper tier municipalities, as welt as three Provincial ministries, have initiated the preparation of a strategic directions document for the ORM. The result of this initiative is the previously mentioned tri-regional Report dated May 2001. The Report is not attached due to its length but has been distributed to all Councillors for their information. The executive summary of this report is provided as Attachment #1. A copy of the full Report is available for review at the Planning & Development counter. The Report is also available in the Picketing Central Library for review. On May 17, 2001, the Province passed Bill 55, the "Oak Ridges Moraine Protection Act, 2001" as part of the Province's Smart Growth strategy. This Act imposes a 6-month moratorium on all planning and development approvals until November 17, 2001. During the moratorium, the Province intends to carry out consultations with all stakeholders, including environmental groups, developers, municipalities, resource interests and members of the public. After the consultation is over, the Province intends to develop an action plan, setting out the areas that need to be protected, areas that need further study and allow development in areas that clearly require no special protection according to clear, understandable rules. Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape July 17,200 1 ?. 7 Page 3 1.3 2.0 Pickering Official Plan The Province has defined an Oak Ridges Moraine Area as including the Moraine proper, plus the north and south slopes. The south limit in Durham is defined by the 245 metre topographic contour and is indicated on Schedule [[I - Resource Management of the Pickering Official Plan. A copy of Schedule III is provided as Attachment #2. Section 10.13 of the Pickenng Official Plan recognizes that the Oak Ridges Moraine provides a wide range of environmental functions critical to the, maintenance of healthy water resources and natural heritage values in the City and beyond. Other polices pertaining to the Moraine include: co-operating with the Region in preparing an Oak Ridges Moraine study; ensuring that activities within or adjacent to the Moraine are consistent with the Oak Ridges Moraine Implementation Guidelines: and require, where appropriate, the recommendations of an Environmental Report to be implemented. The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape The tri-regional initiative was commenced in consideration of the environmental significance of the OP~M, lack of a comprehensive strategy, and the ongoing development pressures on the ORM in the Regions of York, Durham and Peel. The Regions considered that a long-term strategy is needed to co-ordinate policy' across the ORM and to provide a mechanism for establishing a comprehensive OILM natural heritage and hydrologeotogical database. The Report describes the actions of the three Regions to date with respect to the development of a strategy' for the ORM and sets out pn:nciples and assumptions derived from public and stakeholder input. The balance of the report presents background, issues, analysis and strategic directions for each of four subject areas - groundwater management, natural heritage data management, policy and land securement. The proposed strategic directions for these four areas are described in the following sections: Groundwater Management The Report identifies the fragmentation of responsibility for groundwater management, lack of co-ordination among agencies, lack of hydrogeological and related data, inconsistent policies and practices across jurisdictional boundaries, and lack of public and political awareness of groundwater issues as factors limiting the development of an effective management strategy for the ORM. The report recommends the development of an overall Groundwater Management Strategy for the OI~_M. Specific strategic directions recommended the preparation of a co-ordinated hydrologeological data system, and the establishment of common data standards. In addition, it recommends that Regional and local municipalities adopt consistent and leading-edge polices for groundwater management, and that Regional Official Plans identify and protect significant hydrogeological features such as key recharge and discharge areas. The establishment of a hydrogeology co-ordinating committee to develop programs for monitoring groundwater and related resources is also suggested. Natural Heritage Data Management The Report indicates that the lack of a co-ordinated approach to data management hinders the successful protection of significant and sensitive natural heritage features on the ORM. A number of specific directions are reconunended to address this deficiency including the creation of a regionally led, co-ordinated, centralized data system for the ORM with common data standards and terminolo~ to allow improved analysis, predictive ability and monitoring. 188 Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape July 17, 2001 Page 4 Policy The Report builds on the existing three Regional Official Plans as well as the 1994 draft Oak Ridges Moraine Strategy. The report recognizes that some development can occur on the Moraine; however, any development should not have a negative effect on key natural heritage features. Among the many policy recommendations for the Moraine are the following: The Provincial Policy Statement (PPS) should be amended to support and be consistent with a common policy approach to the ORM. The PPS should refer specifically to the protection and enhancement of glacial moraines, particularly the ORM; require the identification of corridors and linkages; require hydrogeological studies based on the principle of water balance; protect tableland woodlots; establish minimum 30 metre buffers from key environmental features; and include landform conservation policies. Municipal policies on natural heritage, water resources and landform conservation should be harmonized and strengthened. Regional Official Plans should be amended to identify and protect strategic ecological corridors and linkages; establish minimum buffers around sensitive features; make landform conservation policies stronger and more consistent; work with partners to identify and protect tableland woodlots; and identify and protect sensitive hydrogeological features. In addition, it is recommended that Regional Official Plans be amended to address a number of other matters, including: adopt a consistent no-development policy for core natural heritage features; publicly secure buffers; identify and protect recharge and discharge areas and headw xer streams; and require cumulative impact analysis in Environmental Irn.:act Statements. Land Securement The Report recommends that protection and enhancement through policy be the first approach in securing natural heritage features and properties on the ORM. It also recommends a co-ordinated stewardship program be established and funded by the partners (private sector, private landowners, conservation authorities, agencies, local municipalities, regions, the Province, and the Federal Government). Furthermore, the Report recommends that acquisition of strategic properties on the ORM should be co- ordinated by the parmers and that a co-ordinated funding program be put in place to acquire lands, which cannot be protected in perpetuity by policy or stewardship. In this regard, the three Regions will bring forward a report on the recommended model by December 31, 2001. The Report estimates that an overall annual budget of approximately $5-10 million is required to fund securement. DISCUSSION: Planning staff generally concurs with many of the strategic directions put forward in the Report. A number of comments are provided as input to Durham Region as it works with the other Regions to finalize the document and prepare a submission to the Province. Specific comments area as follows: The Report focuses on four areas where the Regions and its partners feel further work and policy development will assist in better protecting and managing the features and functions of the Moraine but does not provide an overall vision for the Oak Ridges Moraine within the context of the GTA. The Report needs to also provide strong guiding principles, which offer clear direction for land use planning on the ORM. Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape July 17, 2001 Page 5 1o9 The costs for implementing the strategic directions in the four theme areas - groundwater management, natural heritage data management, policy and land securement - needs to be discussed between the partners, in this way, the Regions, conservation authorities and local murdcipalities can consider whether funding and staffing requirements are possible as part of the normal budget process, or whether a dedicated provincial subsid,: will be required. The role of local municipalities is given minimal attention in the Report. The report is focused on the Regional role, yet most development approvals and other implementation occur at the local level. There is a need to identif),' and recognize the local municipal role. and to involve local municipalities to a ~eater extent in the preparation of the strategy, The Report fails to deal with the role of existing rural settlements (,such as Claremont), or urban settlements (such as Uxbridge) that are located on the ORM. The Regions' strategy should provide guidance on whether existing settlement areas or expansions thereto, should be handled differently than from non-developable areas on the ORM. The tke_~ons,' 7' at a meeting of the Policy Committee on Jutv 18, 2001, verbally indicated that the,,,.' would not be recommending an3, expansions to existing settlements on the ORM in the final Report. The interests of kev stakeholders involved in the OILM including STORM Coalition, the Federation of Naturalists, Urban Development institute, Aggregate Producers Association of Ontario. Federation of Agriculture, the Ministrv of Natural Resources and others need to be addressed in the Report. An approach that recognizes the multitude of interests in the Oi:LM and provides for the continued existence of these interests will result in a strategy that is more acceptable and achievable. The document should recognize that lands within the OtLM are not homogeneous but rather diverse with varying degrees of sensitSvitv, in this regard, there is a need to focus efforts on identi ~fying significant features, linkages, and water resources across the OP~M, and focus preservation efforts on these areas so that greater flexibility is provided to other, less sensitive areas. This has particular relevance to any land acquisition strategy where priority should be given to acquiring the areas with the most sensitivity. Staff supports the recommendation for Provincial direction on the ORM to be expressed through an amended Provincial Policv Statement (PPS). However, staff questions the extent to which the PPS should include prescriptive requirements such as a minimum 30-metre buffer from kev environmental features. The PPS should establish broad directions with detailed policies being provided in local official plans and implemented through the development approval process. The Report identifies a number of policy approaches to be addressed in Regional Official Plans. Many of the policy directions suggested for Regional Official Plans are fairly detailed thus would be more appropriate in local Official Plans. In addition, most of the implementation responsibility for such policies rests at the local municipal level. The Report recommends that Regional Official Plans and municipal policies on natural heritage, water resources and landform conservation be harmonized. There may be merit to having a consistent approach to natural heritage protection across the three Regions. Although each local plan must implement and further detail regional plan policy, there needs to be sufficient flexibility at the local level to recognize the varying significance of the /Moraine within the affected 130 Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape July 17, 2001 Page 6 municipalities, and the overall policy approvals, styles and set-up in each local plan. Therefore, the recommendation of harmonizing municipal policies on natural heritage, water resources and landform conservation is not supported. The Report implies that many of the policy directions could apply to areas outside of the ORM. It is not clear in the Report if the proposed policy amendments would apply to just the ORM or all natural heritage features. This requires clarification. If the policy directions are to be applied generally, then the significance of this needs to be understood. For example, the recommendations for amendments to the PPS include a requirement for a minimum 30-metre buffer from a wetland boundary. If this is intended to apply to lands outside the ORM, it is contrary to the present direction in the PPS to permit some development on an adjacent wetland if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified. In addition, there will be both direct and/or indirect costs to local municipalities in the implementation of some of the proposed policies requiring local municipalities to acquire and manage certain "protected" natural areas. Greater clarification is required on the financial tools intended for land securement, particularly related to acquisition. The Report contains a statement that "Shared responsibility means shared contributions. All levels of government should participate." Although the Report indicates that a recommended model proposing a co-ordinated funding program for land acquisition will be brought forward, there must be a significant commitment from the Province to contribute a portion of the funding. The funding model should also recognize that there is a greater need to acquire land in some jurisdictions than others. It is suggested that monies flowing from Durham be directed to priority acquisitions in Durham. Further, there is also a need to prioritize land acquisitions to achieve strategic directions. In particular, core areas and linkages should be the highest priority for acquisition rather than less sensitive areas. Although staff generally supports a comprehensive data management system that includes common data standards, further information is required from the Regions on the costs and benefits of establishing such a system. It is important to ensure that the data management system is not a tool solely for collecting and managing data, but also assists local municipalities in the review of development applications and policy development. Further, it is recognized that financial support will be required from the Province. If the Province is unwilling to participate, an assessment of the financial and policy implications is required. The requirement for a cumulative impact analysis in Environmental Impact Statements needs to be clarified. There is the concern that the science associated with cumulative impact analysis is not widely understood or accepted. Further, requiring this analysis for every proposal, which can vary substantially depending upon the scale and nature of the development, is unreasonable. For example, the range and level of detail that would be required for a golf course development on private services would vary significantly from that which might be required for a rural residential lot. The Regions' strategy must be consistent and co-ordinated with the anticipated Provincial initiative to develop a strategy to protect the ORM. Although a Provincial position on the ORM is required prior to the Regions finalizing their approach to a long-term strategy, the work already done by the Regions should assist the Province in the preparation of an action plan. It is important for the Province to not delay in taking further actions on protecting and enhancing the ecological integrity of the ORM. Report to Council PD 25-01 Subject: The Oak Ridges Moraine - Proposals for the Protection and Management o£ a Unique Landscape July 17, 2001 Page 7 CONCLUSIONS' In general, staff supports the initiative bv the three Regions and its partners to advance the development of a long-term strategy for the OIL\I: however, some of the strategic directions in the Report require further clarification, particularly with respect to the role and cost implications to local municipalities. It should be noted that that the preparation of the th-regional Report was undertaken with minimal local consultation. As mentioned earlier, staff is also actively participating in the Policy and Natural Heritage Data Management Committees. which have been established to assist in finalizing the document. Council is requested to endorse Report Number PD 25-01 as the City's comments on the draft Report entitled '~The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape". ATTACHMENTS: l. Executive Summar>' of the Oak Ridges Moraine Report 2. Schedule HI of the City of Picketing Official Plan Prepared By: Approved Endorsed By: Principal Planner - Policy N e i 1 c arr o'i'i'1~-91 cIp,/~ p Director. Pla~-Tfi~ & Development Cathenne L. Rose Manager, Policy GM/CLR/j f/pr Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council Thomas J. Quinn, Chief Administrative Officer 132 AnAX V "r .... ( TO THE OAK RIDGES MORAINE EXECUTIVE SUMMARY The Oak Ridges Moraine is a complex system of natural heritage features, with significant ecological functions that are essential to our quality of life and economy. A partnership led by Durham, Peel.andYork Regions and including, nine Conser,/adon Authorities, five counties, and other stakeholders have come together to recommend a practical action plan to protect and enhance the Oak Ridges Moraine. This approach builds on existing Regional Official Plans utilizing the 1994 draft Oak Ridges Moraine strategy. Strategic directions are proposed in four areas: groundwater management, natural heritage data management, policy, and land securement_ A Moraine-wide approach to improving groundwater data and understanding will support better land use decisions. A Regionally led, co-ordinated natural heritage data management system is recommended, which will require common data standards, improved Moraine-wide mapping, analysis on the state of the Moraine and effective monitoring. Regional Official Plan policies should be co-ordinated and strengthened by filling gaps in five key policy areas: tableland woodlots, functional corridors and linkages, minimum ecological buffers, groundwater protection and landform conservation. The 1997 Provincial Policy Statement should be revised to strengthen natural heritage policies and recognize the Oak Ridges Moraine. A co-ordinated Land Securement Strategy is proposed, using policy, stewardship, monitoring and acquisition to protect the Moraine. Improved policies are not enough. Funding of data systems and land securement by all parties is required. Together we can achieve much more effective protection and enhancement of the Oak Ridges Moraine. Now is the time to act_ A symposium and a series of public meetings on the recommended approach are proposed for June 200 I. Input from ~e public and stakeholders will help refine the strategic directions in this report and shape recommendations to the Durham, Peel and¥ork Regional Couricils. ATTACHMENT ~ '~'- TO YdEPORI' ~ PD~.7..(~_~ ~_ WETLANDS CLASS 2 OO CLASS 7 GREEN'~ OOD ~iAND AREA WETLAND SCHEDULE III' TO THE PICKERING OFFICIAL PLAN EDITION 2 RESOURCE MANAGEMENT SHORELINES AND $-F~[AM CORRIDO~ (l~/y iNCLUDE H~I~7_wIJ~D LANDS) FLOOD PLAIN SPECbad_POUCY ARF_~S AREAS Of NATURAL AND SCIENTIFIC INTE3~E~ 134 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report APT 01-01 of the General Manager, Ajax Picketing Transit Authority regarding the Transit Merger Agreement be received for information; and That Council approve a By-law as set out in Attachment No. 1 attached hereto to authorize the execution of a transit system Merger Agreement as set out in Attachment No. 2 attached hereto between the Corporation of the Town of Ajax and the Corporation of the City of Pickering; and 2. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. REPORT TO COUNCIL 135 FROM: Ted Galinis DATE: General blanager, ,Ajax Pickenng Transit Authority REPORT NUMBER: July 30, 2001 APTA 01-01 SUBJECT: Transit Merger Agreement RECOMMENDATION: That it is recommended that report APT 01-01 of the General Manager. Ajax Picketing Transit Authority be received for information and that: Council approve a By-Law as set out in Attachment No. 1 attached hereto to authorize the execution of a transit system Merger Agreement as set out in Attactnnent No. 2 attached hereto between the Corporation of the Town of .~jax and the Corporation of the City of Pickenng; 2. the appropriate staff of the City of Pickering be given the authority to give effect thereto. ORIGIN: General Manager, Ajax Picketing Transit Authority AUTHORITY: The Municipal Act, R.S.O. 1990. as amended. Memorandum of Understanding, March 6.2000 FINANCIAL IMPLICATIONS: The initial asset contribution differential of $178,000 has been revisited and is currently in the $248,000 range. This figure is subject to continuing discussion be, tween the Municipalities and a final evaluation on December 31, 2001. The net annual Operating Costs shall be determined in the Transit Authonty's operating budget and contributed to based on the percentage of each Municipali?s tax assessment base to the tax assessment base of both Municipalities as shown in the returned Assessment Roles for the Municipalities. The tax assessment base shall be based on the returned Rolls, less exempt assessment, of the preceding year. Capital costs will be shared equally, (Note: item 2.1 (a) fare collection system - exception) and assets and liabilities of the ~'o municipalities to be transferred are set out in the attached Merger Agreement. 136 Report to Council APTA 01-01 Subject: Transit Merger Agreement Date: July 30, 2001 Page 2 EXECUTIVE SUMMARY: Not applicable BACKGROUND: On March 6, 2000, the Town of Ajax and the City of Pickering agreed to a Memorandum of Understanding to facilitate the creation of the Ajax Pickering Transit Authority,. The Town of Ajax and City of Picketing are now prepared to formalize the terms and conditions for the legal merger of Ajax Transit, owned and operated by the Town of Ajax; and Picketing Transit, owned and operated by the City of Picketing. The terms and conditions of this Merger Agreement will form the arrangement between the parties on such issues as Boards and Committees, levels of authority, legal obligations/liabilities on the part of the two municipalities, treatment of assets, equalization payments, municipal support services, and labour relation matters. For the purpose of this Agreement, the merger will take place effective September 4, 2001 with the creation of a joint Board of Management. Legislation will be required to create a new entity that can actually own real property. We have had preliminary discussions with the Ministry of Municipal Affairs and with various political staff, and we are hopeful that the legislature will act favourably on a request for legislation prior to December 31st, 2001. The Agreement will remain in effect until notice of termination is provided by either party in accordance with the terms and conditions of this Agreement. Following the effective date, the business and affairs of the Ajax Pickering Transit Authority (APTA) shall be supervised by the Board of Management. Under authority provided by the Board, the Ajax Pickering Transit Authority will commence the business of delivering a public transportation system on behalf of the Town of Ajax and the City of Pickering. The formal transfer of assets, insurance, financial services and a final inventory evaluation shall be completed and effective January 1, 2002. At this time it has been agreed between the Chief Administrative Officers of the two municipalities that Ajax will provide Human Resources and payroll services and that Picketing will provide financial, accounting, budgeting, auditing, banking, internal control and corporate legal services. In order to establish the Ajax Picketing Transit Authority as a legal entity with authority to operate a public transit system for Town of Ajax and the City of Picketing and to proceed with required Legislation, it is necessary to formalize the terms and conditions of the Merger Agreement. ATTACHMENTS: 1. By-Law to execute the Merger Agreement 2. Merger Agreement Report to Council APTA 01-01 Subject: Transit Merger A~eement Date: July 30, 2001 Page 3 Prepared; Approved ~ Endorsed By: Manager Ajax P ting Transit Authority Attachments Copy: M. Brenner, Councillor T.J. Quinn, Chief Administrative Officer G.A. Paterson, Director. Corporate Services & Treasurer J. Reble, Solicitor B. Gajadharsingh, Division Head, Human Resources T. Melymuk, Division Head, Corporate Promotions & Policy Division N. Killens, Manager, Transit Sen'ices Recommended for the consideration of Pickenng City Council T_~mas J. Quinn, Chief Administrative Officer 1,qB ATTACHMENT# / TO REPORT# l~r'Tfq oz-,di THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER Being a By-law to authorize the execution of a Transit System Merger Agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering. WHEREAS Ajax and Pickering have agreed to a Memorandum of Understanding March 6, 2000 that will facilitate the creation of the Ajax Pickering Transit Authority; AND WHEREAS Ajax and Pickering wish to enter into a Transit System Merger Agreement August 8, 2001 to remain in effect until such time as notice of termination is provided by either party in accordance with the terms and conditions of this Agreement; NOW THEREFORE, the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute the Merger Agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering. By-law read a first, second and third time and finally passed this 7th day of August, 2001. Mawr Clerk A'n'ACHHENT # Z~, .TO It~.POP, T #_Z~T-~ o/- o ~ MERGER AGREEMENT 139 THIS AGREEMENT made as of the 8th day of August. 2001. BETWEEN: THE CORPORATION OF THE TOWN OF AJAX a mumcipal corporation existing under the laws of Ontario (hereinafter referred to as "Ajax") OF THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING a municipal corporation existing under the laws of Ontario (hereinafter referred to as "Picketing") OF THE SECOND PART. (Ajax and Pickering are sometimes referred to collectively as the "Municipalities" and individually as a "Municipality") RECITALS: (a) Each Municipality owns and operates a transit system within the boundaries of the Municipality; (b) The Municipalities, acting under the authority contained in the Municipal Act (the "Act"), have agreed to authorize the establishment of a board or transit authority (the "Transit Authority") for the purpose of carr3..-ing on the business of a transit system in the Municipalities collectively; 140 (c) 2 The Mumcipalities have agreed to transfer, assets, liabilities and employees of each Municipality's transit system to the Transit Authority; (d) The Municipalities, acting under the authority of the Act, have agreed to effect such transfers and provide for the management of the Transit Authority upon the terms and conditions hereinafter set out; (e) The Municipalities wish to establish the Transit Authority as a body corporate. NOW THEREFORE THIS AGREEMENT WITNESSES as follows: 1.1 Establishment of Transit Authority. Each of the Municipalities authorize the establishment of the Transit Authority for the purpose of carrying on a public transportation system as set out in Section 207.5 of the Act in the Municipalities together as at the Effective Date. 1.2 The Municipalities agree to apply to the Province of Ontario for the enactment of legislation ("Legislative Approval") authorizing the establishment of the Transit Authority as a body corporate. Effective Date. For the purpose of this Agreement, the Effective Date shall be September 4, 2001 or such other date as the Municipalities may agree. Management Agreement. Each of the Municipalities a~ees that, as of the Effective Date the conduct of the affairs of the Transit Authority shall be managed in accordance with the provisions set out in Schedule "A" attached hereto (the "Management Agreement"). 141 4.1 Authorizing Bv-la'~vs. Each of the Municipalities a~ces that it shall cause a by- law (the "Authorizing By-law") to be passed prior to the Effective Date authorizing the approval of this Agreement as of the Effective Date including the transfer to the Transit Author/tv of the assets {the "Transferred Assets") and employees of that Municipality's transit system in accordance with this A~eement and Schedules "B" and "E" attached hereto 4.2 The Transferred Assets shall be transferred (the "Asset Transfer Date") to the Transit Author/tv on the later of December 31. 2001 or the date of Legislative Approval. 4.3 From the Effective Date and until the Asset Transfer Date the use, management and control of the Transferred Assets shall be with and is hereby given to the Transit Authority. 4.4 The employees shall be transferred to the Transit Authoriw as of the Effective Date. 4 o Assumption of Obligations and Liabilities. The Transit Authority shall assume and discharge all obligations and liabilities of the Mumcipalities as listed in Schedules "C" and "D" attached hereto. o Special Payment. For purposes of equalization of the value of the Transferred Assets Pickering agrees to pay to the Transit Authority (the "Special Payment") an amount based on the appraised value of the Transferred Assets, as agreed upon by the Mumcipalities, and determined as at the Asset Transfer Date. The method of payment shall be determined at the Asset Transfer Date subject to approval by the Board and the Municipalities. Within ten (10) days of the delivery of the Special Payment, or part thereof, to the Transit Authority the Transit Authority shall pay same to Ajax. 7, Further Assurances. Each of the Municipalities shall, at its expense, promptly and duly execute and deliver such further documents and promptly take such further action not inconsistent with the terms hereof as may from time to time be reasonably required in order to more effectively carry out the intent and purpose of this Agreement. Costs. All costs and expenses incurred or to be incurred by each Municipality in connection with the transfer of the Transferred Assets shall be paid by the Transit Authority. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 143 10. Entire Agreement. This Agreement and the Schedules attached hereto constitute the entire agreement amonG the parties relating to the subject matter hereof and supersede all prior agreements m~d understandings, oral or wr/tten, between the parties hereto with respect to the subject matter hereof. 11. Survival. All warranties, representations, covenants, pro'~qsions and terms contained in this Agreement bv the parties shall not merge but shall survive the completion of the actions contemplated herein. 12. Regulatory Approval. Completion of the transaction'3 contemplated by this Agreement shall be conditional upon obtaining alt necessao' regulato~ approvals and other applicable laws on ten'ns and conditions saris;factor-,, to the Municipalities. 13. Term. This Agreement shall come into force and effect as at and from the date of this Agreement and shall continue until terminated in accordance with the terms of this Agreement. 144 6 14. 15. Termination. This Agreement shall not be subject to any fight of termination by any party unless: (a) the party wishing to have the Agreement terminated has given written notice to the other party; (b) the termination of this Agreement shall occur on December 31 in the year following the year in which the notice to terminate is delivered unless the parties agree to an earlier termination date; (c) the assets, including real property assets, and the liabilities of the Transit Authority shall be distributed between the parties on an equal basis in accordance with a method of distribution to be developed following the notice to terminate on the basis of circumstances then existing. Real property assets and buildings, structures or equipment fixed thereto shall be distributed to the Municipality in which such asset is located; and (d) a period of three years has expired from the Effective Date. Notice. All notices, requests, demands, consents or other communications required to be given or made or provided for in this Agreement shall be in writing and shall be deemed to have been given if delivered, if sent by registered mail or if sent by telecopier or other means of electronic transmission to: Ajax at: The Corporation of the Town of Ajax 65 Harwood Avenue South Ajax, Ontario L1S 2H9 Fax Number: 905-683-1061 Attention: Clerk 145 Pickenng at: The Corporation of the Citx, of Pickenng 1 The Esplanade Pickenng, Ontario L 1V 6K7 Fax Number: 905-420-9695 Attention: Clerk or at such other addressed as the party to whom such notice is to be given may have designated by notice so given to the other parties. Any notice so mailed shall be deemed to have been given on the fifth Business Day £ollowing the date of the mailing of the same or if delivered, on the date of deliver-: and any notice given by telecopier or other means of electronic communication shall be deemed to have been received on the Business Day following the date on which such transmission is completed and the appropriate confirmation received. IN WITNESS WHEREOF this Agreement has been duly executed by the parties under their respective corporate seals as witnessed by the signatures of their proper officers in that behalf. THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk THE CORPORATION OF THE CITY OF PICKERING Mayor Clerk 9 SCHEDULE "A" MANAGEMENT AGREEMENT 147 1.1 Definitions ARTICLE 1 INTERPRETATION hq this Management Affeement the follo;ving terms shall have the following meanings unless the subject matter or context otherwise requires: "Act" means the MunicZPal Act. R.S.O. 1990, c. M. 45: "Arbitration Act" means the Arbztratio~z Act, S.O. 1991 c. "Arbitrator" has the meaning set out in Subsection 6.1 "Auditors" means the firm of chartered accountants appointecl as auditor of the Transit Authority from time to time; "Board" means the board of management of the Transit Authority; "Board Committees" means committees created bv the Board from time to time for the purpose of overseeing specific tasks and reporting to the Board: 148 10 "Business" means the business of a public transportation system and all matters incidental thereto as set out in the Act; "Business Day" means any day other than a Saturday, Sunday or statutory holiday in Ontario; "Chair" means the member or members elected by the Board to serve as its chair or co- chairpersons from time to time; "Council Appointees" has the meaning set out in Section 3.2; "Effective Date" means September 4, 2001 or such other date as the Municipalities may agree; "Fiscal Year" means a twelve(12) month period ending on December 31 in each year; "Governmental Authority" means any government or political subdivision (including without limitation, any municipality or federal or provincial ministry) or agency, authority, commission, department or instrumentality of any government or political subdivision, or any court or tribunal; 11 "Laws" means any law, including common law, equitable principle, statute, ordinance, regulation, rule, order, permit, decision, declaration, notice, demand, injunction, writ, policy, decree or award of any Governmental Authority: 149 "MajoriD' Rule" has the meaning set out in subsection 3.2; "Management Agreement" means this Schedule "A" and any agreement or schedule supplementing or amending this Schedule. All uses of the words "hereto", "herein", "hereoF', "hereby" and "hereunder" and similar expressions re fer to flus Management Agreement and not to any particular section or portion of it. References to an Article, Section, Subsection or Schedule relier to the applicable article, section, subsection or schedule of this Management Agreement; "Member or Members of the Board" means those persons appointed to the Board as set out in Subsection 3.2; "Merger Agreement" means the merger agreement dated August $. 2001 between the Municipalities to which this Schedule is attached; "Municipali~" or "Municipalities" means the Corporation of the City of Pickering and the Corporation of the Town of Ajax; 12 150 "Person" means an individual, firm, partnership, unincorporated association, corporation, bank, trust or other legal entity of any kind whatsoever; "Transit Authority" means the Ajax Picketing Transit Authority as established by the Municipalities. 1.2 Headings The division of this Management Agreement into Articles, Sections and Subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Management Agreement. The Article and Section headings in this Management Agreement are not intended to be full or precise descriptions of the text to which they refer and shall not be considered part of this Management Agreement. 1.3 Number and Gender In this Management Agreement, words in the singular include the plural and vice-versa and words in one gender include all genders. 13 1.4 Statutory References A reference in this Management A~eement to a statute refers; to that statute, and any regulations or roles issued thereunder, as amended, supplemented or replaced fi-om time to time. 151 ARTICLE II BUSINESS OF THE TRANSIT AUTIqORITY 2.1 Business of the Transit Authority The Transit Authority shall engage in the Business including: (a) the right to maintain and operate buses for the conveyance of passengers within the Municipalities: (b) the acquisition, by purchase or otherwise, of bus transportation facilities and equipment; (c) the acquisition, by purchase or otherwise, of any real or personal property required for the establishment, operation, maintenance or extension of the system; (d) the fixing of transportation fares and tolls a~d making regulations with respect to the operation and control of the system; 152 14 (e) the entering into with the consent of the Mumcipalities of an agreement with any other mumcipality with respect to the terms upon which public transportation shall be furnished by the Transit Authority in such other mumcipality; and (f) representing the Municipalities in discussions with and entering into agreements with GO Transit or other public authorities on service or fare integration matters. 2.2 In connection with the Business the Municipalities agree: (a) if a common fare collection system (ie. Fareboxes, smartcard technology) is introduced by the Transit Authority within the next two years after the Effective Date the cost of upgrading the vehicles owned by each Mumcipality prior to the Effective Date shall be borne by that Municipality; (b) to support an operations review, including a major route review of the new Transit Authority's combined system as soon as reasonably possible. The operations review will address issues raised in the consultants' Phase 2 Implementation Plan Final Report submitted by Delcan/Price Waterhouse Coopers; (c) to support, in principle, seamless transit service along Kingston Road - Highway 401 Corridor, having considered the recommendations in ENTRA Consultants final report dated October, 1999; and 15 153 (d) that the City. of Pickenng transit facility shall be leased to the Transit Authority for use as a satellite transit site. 2.3 Standard of Service It is the intention of the Municipalities that: (a) until a review of the service levels and establishment ,of new standards of service by the Transit Authority. the Transit Authority shall provide service levels at least equivalent to the existing levels in the sen'ice areas of'each of the Municipalities immediately prior to the Effective Date: (b) new standards of service be established by the Board a her the Effective Date so that each Municipality will enjoy common standards and derive equal benefits, including but not limited to. tile following matters: (i) maintenance standards, route reviews and schedules; (ii) customer convenience and accessibility: and (iii) marketing programs and services; and 16 154 (c) The Transit Authority shall immediately undertake to harmonize the vahous administrative policies and procedures of the existing transit systems of the Municipalities, including bus operator work assignment practices, operational management practices, service levels, service delivery methods and fare policies. 2.4 The Mumcipalities agree that during the Term of this Agreement neither Municipality will carry on the business of a public transportation system. ARTICLE III AFFAIRS OF THE TRANSIT AUTHORITY 3.1 Assurances Each Municipality shall cause such resolutions to be passed, by-laws to be made, confirmed and/or repealed, agreements and other documents and instruments to be executed and all other acts and things to be done, to ensure that all times the provisions of this Article Ill are in effect, complied with or implemented. 3.2 The Board of Management (a) The Board. Following the Effective Date, the business and affairs of the Transit Authority shall be managed or supervised by the Board which shall consist of six 155 (6) Members. Each of the Municipalities shall appoint three (3) Members to the Board who shall be members of the Council of the appointing Mumcipaliu,. Until the Members have been appointed the Board shall consist of those members of the Council of the Municipalities appointed to the interim board as at the Effective Date. (b) Term of Board. The Members of the Board shall serve for the term of the Council that appointed them. Members of the Board shall continue to be Members until their successors are appointed. Members of the Board may serve successive terms on the Board. (c) Vacancy. If a Member ceases to be a Member of the Board for any reason (a "Retiring Member"), the Municipality who appointed the Retinng Member shall fill the vacancy thereby created as soon as reasonably possible. (d) Quorum. A quorum for a meeting o£the Board shall be a majority of the members of the Board. A meeting shall be adjoun~ed for lack of a quorum and a notice of the adjourned meeting shall be sent to all Members rescheduling the meeting to a date at least seven (7) days following the adjourned meeting. (e) Meetings of the Board. Meetings of the Board shall be held at least six (6) times in each calendar year or at the request of the Chair, a majoriD' of the Members of the Board or of the General Manager of the Transit Authoritv. All meetings of the Board shall be held in Ajax or Pickering, and, subject to Section 55(9) of the Act, shall be open 156 18 to the public. At least forty eight (48) hours written notice of the time and place of the meeting and of the business to be transacted at the meeting in sufficient detail to enable each Member to assess reasonably the importance of such business to the affairs of the Transit Authority shall be given to each Member. (f) Decisions of the Board. Decisions or resolutions of the Board shall require the approval of the majority of the Members present at each meeting thereof. The Chair shall not have a second or casting vote. A resolution in writing signed by all of the Members entitled to vote on that resolution at a meeting of the Board is as valid as if it had been passed at a meeting of the Board. The Board shall render its decisions and exercise its authority without bias towards municipal boundaries and in a neutral and objective manner. 3.3 Board Committees The Board may establish Board Committees and other Committees from t~me to time and delegate certain duties to them. The following Committee shall be established by the Board but shall not be considered a Board Committee: (a) Transit Advisory Committee: The Transit Advisory Committee shall be comprised of fifteen (15) members as follows: -One (1) member of each of the Municipalities 19 -One (1) member of the Ajax-Picketing Board of Trade -One (1) student from each of the Durham District School Board and the Durham District Separate School Board - One (1) person from each Municipality at least fifty five (55) years of age -Two (2) Disability Advisory Members -Six (6) Members at large Such members shall be appointed for three (3) year terms. The Transit Advisory Committee shall provide advice to the Board with respect to~ (i) policies and procedures with respect to the operation of conventional and (ii) (iii) specialized transit services: the extent of se~:ice hours and days of operation; and operational rules and regulations relating to transit services. 157 (b) General Provisions Relating to Board Committees. Thc quorum for meetings of Board Committees shall be a majority of the Members from time to time of each Board Committee. Decisions of all Board Conmnttees shall be made by a majority of the Members of the respective Board Committee and shall be subject to the approval of the Board. 3.4 Officers and Services (a) The officers of the Transit Authority shall include a General Manager and such other officers as the Board may determine from time to time. 158 20 (b) For greater certainty the parties recognize that in carrying on the ordinary course of Business, it is not practicable for the Board to be involved in the day to day affairs of the Transit Authority. The Board will delegate responsibilities to the officers, who will report to the Board and the Board Committees from time to time as required. (c) The Board shall ensure that any services required by the Transit Authority are, to the extent possible, provided by one of the Municipalities. In this regard, the Municipalities agree that the following services shall be provided by the Municipahty as set out below. The Board shall review the provision of the following services from time to time and shall be entitled to change the provider of such services. Service Municipali~, Corporate Legal Counsel Human Resources Payroll Finance, Accounting, Budgeting and Internal Controls Purchasing Picketing ^jax ajax Picketing Picketing Any other service may be provided by either Municipality or by a third party supplier as determined by the General Manager or the Board from time to time. 3.5 Auditors 21 159 The Auditors shall be appointed by the Board from time to time. 3.6 Banking The Transit Authority's bankers shall be such financial institution as the Board shall from time to time determine. 3.7 Financial Statements and Budgets (a) The Transit Authority shall cause to be prepared and delivered to each Municipality as soon as reasonably practicable and in no event no later than April 30 of each fiscal year audited financial state~nents for the preceding fiscal year prepared in accordance with generally accepted accounting principles and accompanied by a report of the Auditors. (b) The Transit Authority shall cause to be prepared and delivered to each Municipality as soon as reasonably practicable a budget statement including operating and capital requirements as approved by the Board (the "Budget") for the next fiscal year. (c) Subject to 2.2 (a) of this Management Agreement upon the approval of the Budget by both Municipalities each Municipality shall pay to the Transit Authority, in a manner 160 22 to be agreed upon by the Municipalities, the Municipality's share of the costs of the operation of the Transit Authority determined as follows: (i) The net operating costs shall be determined in the Budget and contributed to by the Municipality's based on each Municipality's proportionate share of the total of the returned Assessment Rolls for the Municipalities in the year preceding the Budget less exempt properties as identified in the returned Assessment Rolls; and (ii) Capital Costs shall be contributed to equally. ARTICLE IV SALE OF SURPLUS ASSETS 4.1 Right of First Refusal In the event that the Transit Authority intends to sell any real property, the Municipality in whose legal boundaries such property is located shall have a first right of refusal to purchase such property at its Fair Market Value. Such Mumcipality shall be entitled to receive written notice of any proposed disposition and shall have ninety (90) days from the date of such notice to exercise its right to purchase, failing which such property may be sold at its Fair Market Value by the Transit Authority as the case may be. 23 ARTICLE V BOOKS, RECORDS AND RIGHT TO INFORMATION 5.1 Books and Records The Transit Authority shall at all times maintain at its office proper books of account, which shall contain accurate and complete records of all transactions, receipts, expenses, assets and liabilities of the Transit Authority. 5.2 Right to Information The parties covenant and a~ee that each Municipality shall have the ris--/qt upon reasonable notice to inspect the books and records at any time. ARTICLE VI ARBITRATION 6.1 Arbitration (a) Selection of Single Arbitrator. The Municipalities agree that any controversy, dispute, claim or matter requiring a decision by the Board out of or relating to the affairs of the Transit Authority and not resolved as set out in 6.1 (c) shall be determined by arbitration before a single arbitrator (the "Arbitrator") agreed to by the 162 24 Municipalities. If the Municipalities are unable to agree on the Arbitrator, then, an application may be made under the Arbitration Act to a judge for the appointment. (b) Referring Dispute. Either Municipality may refer a dispute to the Arbitrator by providing notice in writing to the Arbitrator and to the other Municipality hereto expressing its intention to refer the dispute to arbitration and briefly describing the nature of the dispute. (c) Attempted Settlement. Prior to the service of the notice referred to above, the Municipalities will attempt to negotiate a settlement of the dispute between themselves including ,where possible, the assistance of a mediator. In the event that the parties are unable to reach settlement by themselves and all reasonable attempts to resolve the dispute have been exhausted a Municipality may proceed with the arbitration. (d) Decision Final and Binding. The Municipalities agree that the award of the Arbitrator shall be final and binding without any right of appeal and shall be the sole and exclusive remedy between them regarding any claims, counterclaims, issues or disputes referred to the Arbitrator. (e) Place of Arbitration. The arbitration shall, unless otherwise agreed, take place in Ajax or Pickering and shall be governed by the laws of the Province of Ontario. 25 (f) Powers of Arbitrator. The Municipalities a~ee that the Arbitrator shall have the powers and jUrisdiction of an arbitrator pursuant to the Arbitratiou Act and such power shall include the power to award interim and interlocutor).~ injunctions and other equitable relief. 163 (g) Costs. The Arbitrator shall have the power to award the costs of the Arbitrator's services and related costs against either part),, however, each party will bear the costs of their own counsel and witness fees. (h) Written Notices. All notices by one Municipality to the other in connection with the arbitration shall be in writing and shall be deemed to have been duly given or made if delivered or sent by facsimile transmission to the addresses provided in this Agreement. THE CORPORATION OF THE TOX, VN OF AJAX Mayor Clerk THE CORPORATION OF THE CITY OF PICKERING Mayor Clerk 164 26 SCHEDULE "B" TRANSFERRED ASSETS ~ The Transferred Assets shall be the assets as set out in the Updated Limited Restricted Appraisal Report Buses and Equipment and the Updated Limited Restricted Appraisal Report Real Estate both dated June 15, 2001 prepared by Price Waterhouse Coopers together with other assets as may be agreed upon by the Municipalities as at the Asset Transfer Date. 27 SCHEDULE "C" OBLIGATIONS AND LIABILITIES OF AJAX 165 Bus Advertising Shelter Advertising Bench Advertising TV Advertising Newspaper Advertising Fare Integration Rental Revenue Minutes of Settlement dated December 22, 2000 DPi- Durham Promotion International Pattison (formerly Gould Outdoor Advertising) COA - Creative Outdoor Advertising IT TV Metro Publications (GTA TODAY) GO Transit W.M. Schloen CAW Working Conditions and Saladr Administrative Policy. January, 1,2001. 166 28 SCHEDULE "D" OBLIGATIONS AND LIABILITIES OF PICKERING Bus Advertising Shelter Advertising Bench Advertising Fare Integration Collective Agreement April 11, 2001 Obie Media Mediacom COA - Creative Outdoor Advertising GO Transit CUTE 129 29 167 SCHEDULE "E" LABOUR RELATION MATTERS The purpose of this Schedule is to set out the agreement of the Municipalities and the Transit Authority with respect to labour relations and emplo3q~nent issues that may arise as a result of the implementation of the merger agreement (the "Merger Agreement") to which this Schedule is attached. To that end, the parties acknowledge and accept that the transaction contemplated by the Merger Agreement amounts to a sale of business within the meaning of the Labour Relations Act. Article 1- Definitions 1.1 The definitions and terms set out in the Merger Agreement have the same meaning in this agreement unless specifically modified herein. In addition, the following definitions are adopted for the purposes of this schedule only: a) "Predecessor Municipalities" or "Predecessor Employers" mean the Municipalities of A_jax and Picketing, and the singular shall mean one or the other, as the context requires. b) "Successor Employer" shall mean the Transit Authority c) "Transferring Employee" means an employee whose name appears on the attached list and whose position will be transferred to the ne~' Transit Authority on the Effective Date, and "transferred employee" shall have a similar meamng, as the context of the agreement requires. Article 2- Employment and Severance Obligations 2.1 The parties agree that the Transit Authority will have an obligation to provide all transferring employees with an offer of a position within the Transit Authority. 2.2 The parties agree that, in the event the Transit Authority terminates the employment of one or more of the transferred employees, the termination, severance pay and notice pay associated with such terminations shall be the responsibility of the Successor Employer. 2.3 Any non-unionized employee who rejects an offer of employment prior to the transfer shall be considered for any vacant position at the predecessor employer that employs him or her. If no suitable vacant position is available, said employee 30 or employees shall have their employment relationship terminated, and shall be paid notice and severance in accordance with the Employment Standards Act. The costs associated with the termination of the employment of any employees prior to the Effective Date shall be borne by the Predecessor Employer who employs such employees. Article 3- Workplace Safety and Insurance 3.1 Each of the Municipalities agree that the Transit Authority shall have a separate firm and account number for the purposes of the Workplace Safety and Insurance Act, subject to Workplace Safety and Insurance Board approval. Each of the Municipalities further agrees that it shall take all reasonable steps to ensure that the Workplace Safety and Insurance Board approves the Transit Authority as having a separate firm and account number. 3.2 Ajax and Pickering confirm that they shall provide an up to date listing to each other and to the General Manager of the Transit Authority of all Transferring Employees who are off on Workplace Safety and Insurance benefits one (1) week before the Effective Date. Ajax and Pickering further confirm that they will provide an updated list on the Effective Date. 3.3 The parties confirm that the costs of any and all Workplace Safety and Insurance claims that arose prior to the Effective Date shall be borne by the Predecessor Employer where the claim originated, and that any benefits and/or rebates that arise from any of these claims shall be payable by or to the Predecessor Employer where the claim originated. The parties further confirm that the Transit Authority shall have the first obligation to re-employ any Transferring Employee who is not actively working on the Effective Date, and who subsequently becomes able to work in regular or modified work. The Predecessor Employer who employed the Transferring Employee prior to the Effective Date shall, subject to any collective agreement obligations, have a secondary obligation to employ such employees. Article 4- Disability and Benefit Issues 4.1 The parties confu-m that any costs associated with any benefits plans or programs that arise prior to the Effective Date shall be borne by the predecessor municipality. 4.2 4.3 The parties confirm that the Transit Authority shall have the first obligation to employ any Transferring Employees who are absent on Short Term or Long Term disability on the Effective Date, and who subsequently become able to work in regular or modified work. The Predecessor Employer who employed the Transferring Employee prior to the Effective Date shall, subject to any collective agreement obligations, have a secondary obligation to employ such employees. Ajax and Picketing confirm that they shall provide an up to date listing to each other and to the General Manager of the Transit Authority of all Transferring 31 Employees who are off on Short Term or Long Term disability benefits one (1) week before the Effective Date. Ajax mid Pickering further confirm that they will provide an updated list on the Effective Date. 4.4 Both municipalities confirn~ that they shall take all reasonable and appropriate steps to ensure that all transferring employees continue to be covered by the Ontario Municipal Employees Retirement Svstem (OMERS). Article 5- Outstanding Liabilities 5.1 Article The parties agree that an',' other liabilities (including an,,' financial costs) relating to miy employment matter, including but not limited to any outstanding liabilities under the Employmem Stw~dards Act, the Labour Relations Act, the Pay Equity Act or the Occupatiot~a/tfea/th and SafeO, Act. and any liability arising out of any contract of employment tmcluding a collective agreement) that arise as a result of events that took place prior to the Effective Date shall be the responsibility of the Predecessor Employer where the liability arose. 6- Transfer of Personnel Records 6.1 The parties agree that all emplo.'anent records relating to transferring employees shall be transferred to the Authority prior to the Effective Date. The parties further agree that an employer who employed an employee prior to the Effective Date shall be entitled to keep a copy of said employee's personnel file and/or obtain access to that file from the Authority. Article 7- Sco~ Authority 7.1 To the extent permitted by law, the parties agree that the Transit Authority, through its Board and its General Manager, shall have the Full and final responsibility for all labour relations and employment matters pertaining to the Transit Authority. Specifically, and without limiting the generality of the foregoing, the Transit Authority shall have the Full and final ability to prosecute and resolve gr/evances, lawsuits, actions, causes of action and any other type of proceeding. Further. the Transit Authority shall have the full and final ability to negotiate and enter into collective agreements. Article 8- Dispute Resolution Mechanism 8.1 In the event that a dispute arises between the mumcipalities relating to any employment related matter, the arbitration provisions of the Management Agreement shall be used to resolve said dispute. 170 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY 1. That Report to Council CAO 05-01 concerning the return to service of PNGS-A be received. That Council advise the Canadian Nuclear Safety Commission (CNSC) that it supports the CNSC staff recommendation to allow the restart of the PNGS-A reactors, subject to the conditions outlined in CMD 01-H17, and providing all the required improvements and modifications specified in Appendix D of that document are completed before any unit is returned to service, with the following clarification: That Item 31 of Part A of Appendix D be reworded as follows: "Submit evidence that a memorandum of understanding has been entered into with the City of Pickering concerning mutual aid, coordinated fire response and joint drills." 3. That Council request the CNSC to add the following as condition ofrelicensing: "That OPG make appropriate arrangements with the City of Pickering concerning the provision of adequate fire and emergency response services to the community." That a copy of Report to Council CAO 05-01 be forwarded to the Canadian Nuclear Safety Commission, the Ontario Power Generation, and the Honourable Dan McTeague, M.P. Pickering-Ajax-Uxbridge. PICKERING REPORT TO COUNCIL 171 FROM: Thomas J. Quinn Chief Administrative Officer DATE: July 31. 2001 REPORT NUMBER: CAO 05-01 SUBJECT: Pickering Nuclear Generating Station. PNGS-A Return to Sen'ice Relicensing of PNGS-A File: UT 3510 RECOMMENDATIONS: 1. That Report to Council CAO 05-01 concerninz thc return to service of PNGS-A be received. That Council advise the Canadian Nuclear Sat'etx Commission (CNSC) that it supports the CNSC staff recommendation to allow the restar~ of the PNGS-A reactors, subject to the conditions outlined in CMD 0I-H17. and providing all the required improvements and modifications specified in Appendix D of that document are completed before any unit is returned to service, witt~ the tbllo~ving clarification: That Item 31 of Part A of Appendix D be rexvorded as I'ollox~s: with the Ci0' O/ Pic'kerins. concerning tnunit~/ cud. co(;rdinatcd./irc response and.joint dri//x. " 3. That Council request the CNSC to add the folloxving as condition of relicensing: "That OPG make ~£?ro?riate arran,gem,:m,, x~ith :izc ('i:x o/ Pic'kerin,g concerning the provL~'ion ~U adequate /irc and ~tnc'r,<c'nc.~ re,sT~on,sc sc'm'ice,v to the corntnunit¥ That a cop5' of Report to Council CAO 05-01 be Ibrxvardcd to the Canadian Nuclear Safety Commission, the Ontario Power Generation. and the Honourable Dan McTeague, M.P. Pickering-Ajax-Uxbridge. ORIGIN: Correspondence from the Canadian Nuclear Safety Commission concerning Ontario Power Generation's application to restart PNGS-A. Comments are requested betbre the end of August in order to be considered by the Commission at the second dax of public hearings on the application. [The second day of public hearings is scheduled Ibr October 3. 2001 .] AUTHORITY: Canadian Environmental Assessment Act Nuclear SaJ~. and Control Act OCormerly the Atomic Enerjo' Control Act) Report to Council CAO 05-01 Subject: PNGS A Return to Service Date: July 31. 2001 Page 2 of 7 FINANCIAL IMPLICATIONS: There are no immediate financial implications associated with the recommendations contained in this Report. However, according to an economic impact analysis commissioned bv OPG and completed in March 2000, should PNGS-A be returned to service, there should be'significant financial benefits to the local and regional economies as a result of direct and indirect expenditures associated with the restart (e.g. operating and construction payrolls, and expenditures on goods and services). EXECUTIVE SUMMARY: OPG has applied to the CNSC for an amendment to its operating license to allow the return to service of PNGS-A. Before making a decision, CNSC has invited comments from those interested in this matter. Comments are requested before the end of August. In May of this year, City staff sent a letter to CNSC staff outlining our main issues of concern with respect to the restart. We requested that CNSC staff consider our comments in preparing their report to the Commission (see Attachment 1, Letter from CAO to CNSC staff). In June, we received a reply, advising us that CNSC staff will be recommending that OPG be required to complete a number of planned improvements before any of the reactors are allowed to restart, including those requested in our May letter. CNSC staff also advised that various other conditions of approval would address the other issues mentioned in our letter that are within the mandate of the Commission (see Attachment 2, Response from CNSC staff). We subsequently reviewed the CNSC staff report (CMD 01-H17) to ensure that it adequately addresses the concerns we raised in May, and to assure ourselves that CNSC staff thoroughly reviewed all pertinent issues associated with restarting PNGS-A. The CNSC staff report includes an extensive list of improvements and modifications that must be in place prior to the restart of any reactor (see Attachment 3, Appendix D to CNSC staff report). Based on the CNSC staff review, and subject to one minor wording change, it is recommended that Council support the CNSC staff recommendation to allow the restart of PNGS-A subject to the various conditions, improvements and modifications contained in the CNSC staff report. The one minor wording change that we are requesting deals with the issue of mutual aid and coordinated fire response arrangements (Item 31 of Part A of Appendix D of the CNSC staff report). Rather than simply requiring OPG to submit evidence that "adequate arrangements are in place with the City of Pickering Fire Department" concerning this issue, it is requested that a more formal condition be established. In this regard, staff recommends that Council ask the Commission to replace Item 31 as currently proposed with a condition that OPG submit evidence that "a memorandum of understanding has been entered into with the City of Pickering concerning mutual aid, coordinated fire response and joint drills." In response to earlier direction from Council (concerning the entering into of a "community benefits agreement" with OPG), over the past few months staff have held a number of meetings with OPG. Although negotiations have not yet been completed, progress is being made on the issue of community-wide fire protection and emergency response services. To facilitate and support these negotiations, it is recommended that Council ask the Commission to include another condition of relicensing, requiring that OPG "make appropriate arrangements with the City of Pickering concerning the provision of adequate fire and emergency response services to the community." BACKGROUND: The operation of the PNGS-A facility has been regulated by the Canadian Nuclear Safety Commission (formerly the Atomic Energy Control Board) since the four "A" reactors became Report to Council CAO 05-01 Subject: PNGS A Return to Service Date: July31,2001 Page 3 of 7 1 operational in the early 1970's. At the end of 1097. the PNGS-A reactors were placed in a non- routine shutdown state. In 190% OPG requested permission to return PNGS-A to ser-cice. Part of the return to service process involved the successful completion of a screening level environmental assessment under the Canadian Envircmmenla/ Ax~cssmen/ Act. The Environmental Assessment was approved earlier this year, and OPG has now applied tbr an amendment to its operating license in order to bring the PNGS-A reactors back to lull power. If all approvals are given. OPG anticipates being in a position to restart the first reactor by the end of the first quarter of 2002. On May 29th, 2001. CNSC staff issued their report to the Commission on the return to service of PNGS-A (CMD 01-H17). The CNSC staff report recommends that the Commission allow the restart of PNGS-A, sub. iect to certain conditions, and providing various improvements and modifications are completed before any reactor is restarted. Condition 10.1 o£ the current ticensc ibr PNGS-A requires that PNGS-:\ remain in an approved shutdown state unless otherxvise specified in writing by the Commission, or bv a person authorized by the Commission. CNSC staff is recommending that Condition 10.1 of the current license be deleted and replaced with a new Condition 11.1 as tbllows: Prior to the restart of a reactor, the licensee shall obtain approval of the Commission, or a person authorized bx' the Commission. x,¥ith the request for approval, the licensee shall provide a completion assurance report on the installation of the improvements and modifications specified in Appendix D ofCMD 01-H17. [Note: Appendix D is included as Attachment x to this Report to Council.] The other new conditions of relicensing that are being reconm~ended by CNSC staff are as tbllows: · A standard condition on environmental qualification that has been included in the licence of all operating pox~er reactors in Canada: · A condition relating to the availability of the site electrical supply, which is shared between PNGS-A and PNGS-B; and · A condition requiring OPG to conduct and report on a folloxv-up and monitoring program. In a letter to the CNSC dated May 16tn. staff identified our key issues with respect to the restart of PNGS-A. We requested that these issues be addressed as licensing requirements, should CNSC staff be inclined to recommend that PNGS-A be allowed to return to sen'ice. Our concerns were addressed under four main headings (see Attachment 1 ): 1. Equipment Fitness for Service 2. Staffing Issues 3. Follow-Up and Monitoring Program 4. OPG / City of Pickering .Agreement In Mav staff met CNSC staff to discuss the letter..,\ formal response from CNSC was received in mid June (see Attachment No. 2). The CNSC staff report on the restart of PNGS-A adequately addresses most of the issues identified in our May letter. However. there are txvo areas where Council should request additional clarification from the Commission, one with respect to the issue of mutual aid and coordinated fire response, and the other with respect to the provision of adequate fire and emergency response ser~,ices to the community. 4 Report to Council CAO 05-01 Subject: PNGS A Return to Service Date: Jul)' 31,2001 Page 4 of 7 Below is a summary of each of the issues raised by staff in our May letter, and the CNSC staff response to that issue. EQUIPMENT FITNESS FOR SERVICE Staff identified five issues under the heading "equipment fitness for service": a) Shut Down System Enhancement b) Fire Safety Upgrades c) Emergency Core Cooling Strainers d) Maintenance Performance e) Configuration Management Program Shut Down System Enhancement In our May letter, we requested that CNSC as a condition of relicensing ensure that a guaranteed and protected secondary shutdown system for PNGS-A be developed and installed prior to restart. Item 3 of Part A of Appendix D to the CNSC staff report requires the installation of the shut down system enhancements prior to return to service. CNSC staff also state that OPG has committed to install and commission the shutdown system enhancement in all units. In addition, CNSC staff has advised it will monitor the commissioning activities and will assess these activities to ensure that the shutdown system enhancements have been properly implemented and are effective prior to restart. This issue appears to have been dealt with appropriately in the CNSC staff report. Fire SafeW Upgrades In our May letter, we requested as a condition of relicensing, that CNSC ensure implementation of all essential fire safety upgrades recommended by CNSC's Technical Advisory Committee reviewing OPG's fire safety assessment and fire protection program. The City's Chief Building Official is a member of this Technical Advisory Committee. The essential fire safety upgrades recommended by the Technical Advisory Committee are included in the CNSC staff report as Items 29 through 34 of Part A and Item 1 of Part B of Appendix D. These items deal with various issues including the fire suppression system, fire alarms and detection systems, and various other upgrades. It is required that these improvements be made prior to the restart of any unit. This issue appears to have been dealt with appropriately in the CNSC staff report. Emergency Core Cooling Strainers - ~ In our May letter, we requested that as a condition of relicensing, CNSC should ensure that OPG install the new improved strainers at PNGS-A prior to restart. CNSC staff deals with this issue in Item 6 of Part A of Appendix D of the CNSC staff report. New, larger surface area strainers must be installed before the return to service of each unit. Maintenance Performance In our May letter, we requested as a condition of relicensing, that CNSC ensure OPG upgrades its maintenance performance both prior to restart and on an ongoing basis after restart. Many of the items listed in Appendix D to the CNSC staff report relate to maintenance issues, including Item 17 of Part A and Item 19 of Part B. Item 17 requires OPG to report on the status Report to Council CAO 05-01 Subject: PNGS A Return to Sera'ice Date: July 31. 2001 Page 5 of?1 7~ of their maintenance program prior to restart, including the status of the Integrated Improvement Program prqjects. CNSC will require this report to include a comparison between PNGS-A and PNGS-B with respect to these issues (i.e. information showing how the maintenance related Integrated Improvement Program projects are equivalent to PNGS-B prior to restart). This issue appears to have been dealt with appropriatel.v in tile CNSC staff report. Confiauration Manaaement In our May letter, we requested that CNSC ensure OPG completes its configuration management restoration project prior to the restart of PNGS-A. This issue is dealt with by CNSC staff' through Item 38 o1' Part .4. of Appendix D. requiring OPG to complete (prior to restart) the configuration management master equipment list. the operational flowsheets, flow diagrams, on-tine wiring and electrical wiring diagrams for all safety-related systems. This issue appears to have been dealt with appropriately in the (_;NSC staff report. STAFFING ISSUES In our May letter, we identified two sta£fing issues tbr CNSC's consideration: a) Training and Certification of ()PG Staff b) Fire Protection Staffing Issues Training and Certification of Staff'. In our May letter, we requested that as a condition of relicensing. CNSC should ensure that OPG provides and maintains an acceptable level of trained and certified stall', and provides adequate training programs for all staff for the safe operation of PNGS-A and PNGS-B. CNSC staff addresses the issue of training and certification of stalT in Items 41 and 42 of Part A of Appendix D. Item 41 requires the availability of a sufficient number o1' qualified operators. while item 42 requires that all workers successful complete refresher training and upgrade training appropriate to the knowledge and skill requirements of their position. It should also be noted that the existing operating license Ibr PNGS-A also deals with staff training, certification requirements and continuing training requirements. This issue appears to have been dealt with appropriately in the CNSC staff report. Fire Protection In our May letter, we requested that as a condition of relicensing CNSC ensure that a detailed protocol is established for a co-ordinated response, that a joint drill be undertaken prior to the restart of PNGS-A and that an appropriate commitment be made to joint training. In response to this request CNSC staff included Item 31 of Part A of Appendix D. This item requires OPG to submit evidence that adequate coordinated fire response arrangements are in place with the City of Pickering Fire Department and that a joint drill be held. Although this provision meets the general intent of our request, in order to ensure a formal fire protection protocol is established with the City. it is requested that the Commission reword Item 31 to require OPG to: "Submit evidence that a memorandum qf understanding has been entered into with the CiO' qf Pickering concerning mutual aid. coordinated fire response and joint drills." 176 Report to Council CAO 05-01 Subject: PNGS A Return to Service Date: July31,2001 Page 6 ot'7 CNSC staff has indicated that this request is not unreasonable. As well, to initiate and support the joint training process OPG has recently issued a training drill schedule for the upcoming months (the drills are scheduled from October 7 through November 4, 2001). CNSC staff has also indicated that they would either evaluate the joint drills or would hire a consultant to undertake these evaluations. Staff recommends that Council request the CNSC to revise Item 31 of Part A of Appendix D as noted above (see Recommendation 2 of this Report to Council). FOLLOW-UP AND MONITORING PROGRAM In our May letter to CNSC, we requested that as a condition of relicensing, CNSC should ensure that OPG implements an acceptable follow-up and monitoring program and as part of that program, OPG be required to provide regular updates to Pickering Council. As a condition of relicensing, CNSC staff is recommending that OPG be required to conduct and report on a follow-up and monitoring program. The basis for this program originated with the Environmental Assessment process (which established a framework tbr the program). In April of this year, CNSC issued a draft follow-up and monitoring program for public comment. Staff took the opportunity to provide comments on this draft program in our May letter to CNSC staff. We advised that we were generally satisfied with the program, and asked that a condition be included requiring OPG to provide periodic updates on the program to Pickering Council. CNSC has advised us that the follow-up and monitoring program has not yet been finalized, and that our comments on the program will be considered with the comments from the public. It should also be noted that should the restart be approved, in order to obtain necessary seasonal information, some aspects of the environmental monitoring program will have to be initiated i prior to restart. Accordingly, item 43 of Part A of Appendix D requires OPG to complete the i pre-restart portion of the follow-up and monitoring program. This issue appears to have been dealt with appropriately in the CNSC staff report. OPG / CITY OF PICKERING AGREEMENT In our May letter, we reminded CNSC staff that Council had passed a resolution in October 2000 (as part of the City's comments on the EA) authorizing staff to negotiate a "Community Benefits ~ Agreement" with OPG on a without prejudice basis to protect the interest of the City. i~i"Accordingly, we requested that CNSC ensure as a condition of relicensing, that an appropriate 'Community Benefits Agreement between OPG and City is executed prior to restart. Discussions with OPG concerning this matter have been on-going for the past number of months. Although negotiations have not yet been completed, progress has been made on the issue of ensuring adequate fire protection and emergency response services to the community, and clarifying OPG's interest in this matter. The CNSC staff report does not make any reference to the issue of a Community Benefit Agreement (we have been advised verbally that it is not within their mandate). Nevertheless, as a follow-up to this issue, and in an effort to seek the Commission's encouragement and assistance in our negotiations with OPG, it is recommended that Council ask the Commission to include an additional condition of relicensing, requiring that OPG "make appropriate arrangements with the City of Pickering concerning the provision of adequate fire and emergency response services to the community." This request is included as Recommendation 3 to this Report to Council. Report to Council CAO 05-01 Subject: PNGS A Return to Se~'ice Date' July 31,200t Page 7 of? 177 ATTACHMENTS: 1. Letter from CAO to CNSC staff (May 2001 ) 2. Response from CNSC Staff (June 2001). 3. Appendix D to CNSC Staff Report (CMD 01-H17) Prepared By: Approved Endorsed By' ," Gor~lg..u,~idt x Project Co-ordinator . Thomas J. Quinn - , : 'W}~ief~Administratix'e Officer ~ho 7-pmo'; ~tEe 'p rm~ ~Yc tShs us~ Policy~-~ Division Head TJQ/j gr/tem Attachments Cop3" Director, Operations & Emergency Services Division Head, Corporate Projects & Policy Fire Chief Manager, Building Services (C.B.O.) Recommended for the consideration of Pickering ] T[_~mas J. Q~nn, Chief Admi~~~1 I:\REPORTS Cao05-01 .doc  ATTACHMENT~ / ~0 REPORT# OFFICE OF THE CHIEF ADMINISTRATIVE OFHCER Pickermg One The'. ~r~Acc~s d~ Department (905) 42{L4648 Facsimile (9o5) 42o-6O64 ca o @city, pickering, on.ca May 16, 2001 Canadian Nuclear Safety Commission Picketing A_ P.O. Box 160 Picketing, Ontario L1V 2R5 Attention: 'Dr. J.S.C. Tong, Head, Site Office, Pickering A Subject: Picketing A Return to Service Project City of Picketing Comments File: UT 3550 The enclosed comments from the City of Picketing are for your consideration and inclUSion into the Canadian Nuclear Safety Commission (CNSC) staff report as part of the upcoming Public Hearings for the Picketing A Return to Service project. In the event that you are inclined to recommend that PNGS-A be allowed to return to service, we would urge you to include the actions that we have outlined in this letter as conditions of relicensing. At this time, the City has identified four main concerns as follows: 1. Equipment Fimess for Service 2. Staffing Issues 3. Follow-up and Monitoring Program 4. OPG / City of Pickering Agreement 1. .EQUIPMENT FITNESS FOR SERVICE In the area of equipment fitness for service, we have comments at this time on the following issues: ' ' a) shut Down-System Enhancement for PNGS-A b) Fire Safety Upgrades c) Emergency Core Cooling Strainers d) Maintenance Performance e) Configuration Management Program Canadian Nuclear Safety Commission - Pickering A Remm to Service Project May 16, 2001 Page 2 1 7t3 a) Shut Down System Enhancement for PNGS-A Part of the reason for the shutdown of PNGS-A in 1997 was the lack of installation of an acceptable enhanced secondary, shutdown system. The CNSC must ensure that PNGS-A has a safe and acceptable secondary shutdown system for all reactors. The system should be installed, tested and fully operational prior to the restart. ' ,4 ctio n: As a condition of relicensing, CNSC should ensure that a guaranteed and protected secondary shutdown system for PNGS-A is developed and installed prior to restart, and that sufficient operational mechanisms, procedures and training are carried out to assure the system's practical effectiveness and reliabiliw. ' b) Fire Safew~ ]ssue: The City's Chief Building Official is a member of CNSC's Technical Advisory Committee, reviewing OPG's Fire Safer3.' Assessment and their resulting F/re Protection Program. Detailed comments have been communicated by the Chief Bu/lding Official to CNSC, and the City. appreciates being given the opportunity to assist the Commission in th/s area. The CNSC Technical Advisory Committee's work is not vet concluded. However, in a letter to OPG dated April 17, 2001, the CNSC outlines a number o'f issues that OPG need to address. We also understand that a more recent meeting took place on Apr/I 26, 2001 between OPG and the CNSC to further discuss these issues. It is imperative in terms of public and occupant safety, that all the essential Technical Advisor,,' Committee fire protect/on initiatives be implemented at PNGS-A and be rigorously monitored and enforced by the CNSC. Action: As a condition of relicensing CNSC should ensure that OPG implements all essential fire protection upgrades identified and recommended by the Technical Advisor-,, Committee. c) ~ Core Cooling Strainers CMD 0 l-H3 indicates that emergency core cooling strainers in the flow path of the emergency core cooling recovery pumps are vutnerabIe to clogging by debris following a loss of coolant accident. OPG has completed the process of choosing a new' and improved strainer design for PNGS-A and expect that new strainers will be installed before the restart. 180 Canadian Nuclear Safety Commission - Pickering A Return to Service Project May 16, 2001 Page 3 Action: As a condition of relicensing CNSC should ensure that OPG install the new improved strainers at PNGS-A prior to restarts d) Maintenance Performance ]ssi, les; CNSC staff, in their report of January 18, 2001, identified maintenance performance to be conditionally acceptable subject to improvement in the following areas. · developing and implementing an effective equipment calibration program;. · improving the survival rate (actual % amount of work accomplished vs. scheduled work) and increasing the number of scheduled tasks in their 13 week rolling maintenance program; · reducing both the corrective and the preventative maintenance backlog; · completing the preventative maintenance model work and implementing the change requests resulting from an internal review of plant systems; and · changing the production rate of maintenance procedure upgrade. The City is concerned about the conditionally acceptable rating in this area and would like to see substantial improvements made in maintenance performance. Action: As a condition of relicensing, CNSC should ensure 0PG upgrades its maintenance performance both prior to restart of PNGS-A and on an ongoing basis after restart, e) .Configuration Managemem fssue: CNSC recognizes in their sta~ reports that configuration management is a major safety concern and that it cont~butes to maintenance backlogs. Si~ificant improvement is needed in ti~s area and CNSC should ensure that OPG completes the necessary Configuration Management Restoration Project prior to restart. Action: As a condition of relicensing CNSC should ensure that OPG completes the Configuration Management Restoration Project prior to restart. Canadian Nuclear Safety Commission - Picketing A Return to Service Project May 16, 2001 181 Page 4 2. STAFFING ISSUES The City has identified two staffing issues. These include: a) Training and Cert/fication of OPG Staff; and b) Fire Protection Staffing Issues a) Training_. and Certification of OPG Staff OPG staff must be trained to a level of competency to handle both the existing PNGS-B reactors as well as the older PNGS-A equipment on an ongoing basis. The issue is one of qualiW and quantity of trained nuclear operators. A related issue is the need for ongoing training programs for shift supervisors and other staff. CNSC must ensure that sufficient trained staff are available to safelv operate and maintain the station. Action: As a condition of relicensing, CNSC should ensure that OPG provides and maintains an acceptable level of trained and certified staffand proxddes adequate training programs for nuclear operators, supervisors and all other staff for the safe operation of PNGS-A and PNGS-B. b) Fire Protection Issue: There is no detailed protocol that outlines the expected actions, services and responsibilities expected of Picketing Fire Services in responding to incidents at PNGS. There is also at this time no formal commitment for joint training between OPG and Picketing Fire Services. Discussions are currently underway between OPG and Citw' staff to develop this protocol. The protocol is necessary to specifically clarify the role of the municipaiitv in assisting the station, to develop better command and control strategies when City and PNGS'staff are working together, to confirm the expected Picketing Fire Services response times to the plant and to ensure adequate municipal fire protection resources are available and in place. Action: As a condition of relicensing CNSC should ensure that a detailed protocol is established for mutual aid and co-ordinated response, that a joint drill be undertaken prior to restart and that an appropriate commitment be made for joint training. The protocol should include any actions, services and responsibilities to be provided to PNGS by Picketing Fire Services including appropriate provisions concerning the availability of necessary resources to carry out required duties. 182 Canadian Nuclear Safety Commission - Pickering A Return to Service Project May 16, 2001 Page 5 3. FOLLOW-UP AND MONITORING PROGRAM / EA DECISION Issue: The environmental assessment Screening Report identified the need for a follow-up and monitoring program and outlined the main elements of such a program. In commenting on the EA process, Pickering Council adopted a resolution requesting that "the approval of the City of Picketing be obtained for the revised follow-up program prior to the restart of PNGS-A". In the CNSC's .decision on the EA, it was required that the follow-up and monitoring program outlined in the Screening Report be integrated into the PNGS-A licensing process. Part of the Commission's decision also required that OPG implement specific mitigation measures, including the development of a Facility Risk Assessment, investigations to conf'u-m and develop mitigating measures for the sources of tritium in groundwater, and the continuation of OPG's public communication and consultative strategy up to the return to service and for the subsequent period to full operation in 2004. Recently, CNSC released a detailed follow-up and monitoring program for public and stakeholder input. City staff has had an opportunity to review the document and, at this time, is generally satisfied with the scope of the program in terms of both the pre-restart and post-restart phases. However we are concerned that CNSC, in reporting the results of the program, did not explicitly require OPG to provide periodic updates to Pickering Council. We would request that CNSC correct this oversight. The City would also like the opportunity to comment on. Section D, the detailed work plans, which we understand will be completed after the consultation process. Action: As a condition of relicensing, the CNSC should ensure that OPG implement an acceptable follow-up and monitoring program and that as part of that program, OPG be required to provide regular updates to Pickering Council. 4. OPG / CITY OF PICKERING AGREEMENT Issue; On October 11, 2000, as part of the environmental assessment process, City Council passed a resolutiOn authorizing staff to "negotiate a Community Benefits Agreement with Ontario Power Generation on a without prejudice basis to protect the interests of the City of Picketing". Negotiations on the agreement with OPG have been in progress since early 2001 but to date an agreement has not yet been reached. As the host municipality for PNGS, Picketing is significantly affected by the remm to service of PNGS-A, and an appropriate agreement with the City must be in place prior to the restart. Canadian Nuclear Safety Commission -Pickering A Return to Service Project May 16, 2001 Page SI 83 Action: /,/d~~ As a condition o£relicensLng, C~SC sho~Id ensure that OPG and ~he Civ.., execute an appropriate Community Benefits Agreement prior to The City appreciates the oppornmiu, to provide input into the development of a CNSC staff report on the relicensing of PNGS-A and requests that the action items included in the letter be incorporated as licensing conditions, in the event that CNSC is inclined to approve the restart of PNGS-A. If you have any questions about this letter, please do not hesitate to contact mx;. staff (Tom Melymuk, Division Head, Corporate Projects & Policy, or Gordon Reidt. Project Coordinator) or myself. Yours Vel-¥ trulx' Thomas J. Quinn, RDMR, CMM Chief Administrative Officer TJQ:lr Copy: Mayor Arthurs Members of Council Director, Operations & Emergency Services Director, Corporate Services & Treasurer Director, Planning & Development Division Head, Corporate Projects & Policy Project Coordinator Bob Strickert, Site Vice President, Nuclear Support J:~P&ECO~SHAREXUTIL\UT3550\ 1051601, doc canadian Nuclear Commission canadienne P.O. BOx 1046, Station [9 C.P. 1046, Succursale B Ottawa, Ontario Ottawa (Ontario) F~: (613> 99~5086 T~l~opieur: (613) 9~5086 D~ectorate of ReactorRe~lafion ~ ~ v~~ 26-1-4-1-0 June 12, 2001 Mr. Thomas J. Quinn Chief Administrative Officer City of Pickering- Picketing Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Dear Mr. Quinn: RECEIVED: FILE NO.: ABEY TO: FWD/OOPY/I TO: MAYOR COUNCIL ~I_AN. & DEVE; CLERK !_O_~ER & EMER CORR SERV. CUL & REC. HUMAN RES. ,~'~ q E LEGAL '~L!~.~ PROP CORR PROJ.&POL T;~r'NS~7 ECON. DEV. i_~?-,,',~v CUST. CARE Thank you for your letter of May 16, 2001 wkich includes comments and concerns from the City of Pickering regarding Ontario Power Generation's (OPG) Pickering A Return to Service project. Staffofthe Canadian Nuclear Safety Commission (CNSC) was already aware of the issues mentioned in your letter and those that are relevant to the mandate of the CNSC are discussed in the CNSC staff Commission Member Document (CMD) on OPG's application to restart Picketing A. A copy of the CNSC staff CMD (CMD 01-H17) is enclosed. In the CMD, CNSC staffis recommending that OPG be required to complete a number of planned improvements before any of the reactors are allowed to restart. The list of improvements includes ali the issues mentioned in your letter under Equipment Fitness for Service. Proposed licence conditions would also required OPG to have an adequate number of fully qualified staff, and to complete the Environmental Assessment follow.up and monitoring program. Note that the monitoring program has yet to be finalized. The City's comments on reporting requirements will be considered with other comments from the public on the program. I/you wish to make a formal Submission to the Commission on the return to service of Picketing A, inte, rVentions must be filed w/th the the Secretary of the Commission by July 10, 2001 to:' c/o Carmen Ell~,son Commission Operations Officer Canadian Nuclear Safety Cornmjssion 280 Slater Street, P.O. Box 1046 Ottawa, Ontario KiP 5S9 Tel.: (613) 996-2026 or 1-800-668-5284 Fax: (613) 995-5086 E-ma/l: interventions@cnsc-ccsn.gc.ca Peter Elder Acting Director Power Reactor Evaluation Division E~cl. C.C.: 1LJ. Strickert - OPG J.S.C. Tong- CNSC ATTACHMENT# ~ TOREPORT# /~'© c'~-- c~ D-1 CMD01-HI? 1~5 APPENDIX D REQUIRED IMPROVEMENTS AND MODIFICATIONS PART A - Safety Related Improvements and Modifications The improvements and modifications listed beloxv mus~ be "completed" or the information provided for each unit prior to restart of that unit and reported on in the completion assurance report, except as indicated below. "Completed" includes completion of any commissioning activities possible or practicable before restart. The remaining commissioning activities must be completed prior to return to service. Unless otherwise indicated, the improvements and modifications refer to those described in Revision 4 of OPG document "Pickering A - Basis for Return to Service", April 20, 2001. 5. 6. 7. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Identify. and install any changes to reactor operation required to conform with the resubmitted large loss-of-coolant analysis; Confirm the integrity of the calandria vault seals and penetrations for all design basis faults: Complete installation of shutdown system eahancements as described in licence condition 10.2 of PROL 4.00/2003; Complete installation of seismic upgrades: Complete installation of post LOCA improvements: Complete installation of the Emergency Coolant Injection screens and strainers; Complete replacement of Emergency Coolant Injection shutdown cooling isolating valve actuators; Complete work on position assured components: Complete improvements to Class III service water: Complete modifications to calandria inlet valves: Complete installation of Chameleon programmable controllers; Complete improvements to auxiliary feedwater system: Complete inspection and repair of the boiler isolating \:elan valves in the heat transport system; Submit report on potential flooding of site (ibr unit 4 only): Complete upgrade of feedwater piping; Complete modifications to power house venting; Submit report on status of maintenance program including the status of Integrated Improvement Program projects: Complete inspection of feeders for flow-assisted corrosion, outlet elbow cracking and submit results; Complete measurement of pressure tubes axial elongation as described in OPG Fuel Channel Aging and Life Cycle Management Strategy and Plan, N-PLAN-01060-10002; Complete "CIGAR" inspections on 20 fuel channels and submit results; Complete inspection of primary heat transport pressure retaining components and metallic containment components; D-2 CMD 01 -H 17 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Complete reactor building pressure tests; Submit report on reassessment of calandria vault thermal stresses: Submit evidence that all block valves meet the overpressure standard requirements: Submit pressure vessel registrations for all out of date registrations; Complete modifications to reduce the core damage frequency; Complete the improvements to reduce the calculated unavailabilities of containment and emergency core cooling; Implement the proposed mechanisms and actions to mitigate control room uninhabitability or unavailability and provide supporting documentation; Complete installation of the committed fire suppression systems*; Complete installation of the fire alarm and annunciation system, including the committed incipient detection systems*; Submit evidence that adequate arrangements are in place with the City of Pickering Fire Department for mutual aid and coordinated fire response arrangements and hold a joint drill; Complete site implementation of the approved OPG fire protection program; Complete implementation of the upgrades identified in the Fire Protection Code Compliance Review and the Fire Hazard Assessment; Submit analysis of the fire survivability of the turbine building; Complete upgrades to minimize oxygen in the condensate; Complete implementation of the human factors engineering program plan; Complete implementation of the human factors verification and validation plan; Complete the configuration management Master Equipment List, the operational flowsheets, flow diagrams, on-line wiring and electrical wiring diagrams for all safety-related systems; Complete a detailed walkdown of the safety-related systems; Complete correction and updating of the operations and maintenance procedures to be technically correct and consistent with the physical plant; Submit evidence that a sufficient number of workers qualified to operate the unit safely under all operating conditions is available; Submit evidence that all workers have successfully completed refresher training and upgrade training appropriate to the knowledge and skill requirements of their position to regain their full competence. This evidence shall include such test results necessary to confirm that those persons have the knowledge and skills required to fulfill the responsibilities of their position under all unit operating conditions. Complete the pre-restart portion of the Environmental Assessment Follow-up and Monitoring Program. * The portion of these improvements related to the turbine hall only need to be completed prior to the turbines being returned to service. 187 D-3 CMD 01~H17 PART B - Required improvements and modifications from the Environment Assessment For the purposes of the Environmental Assessment, it was assumed that a number of improvements and modifications were in place. For the Environment Assessment to remain valid, these improvements and modifications must be in place prior to a unit being returned to service. Those related to safety issues have been included in the requirements listed above. The remaining requirements are listed below. OPG has conLmitted to have most of these in place prior to restart except those indicated below with an asterisk ('3. These items will be completed prior to the turbines being returned to service. Details of these improvements and modifications are given in the Appendix L.5.2 of the Addendum of the Environmental Assessment Screening Report, September 2000. The completion assurance report for each unit must include evidence that thc improvements and modifications have been completed. 3. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Rehabilitation of fire protection equipment Upgrade of vapour recovery Periodic inspection program of expansion joints and piping supports Spills containment and prevention Replacement or repair active liquid waste piping Outfall effluent san~pling Condenser tube replacement Improved automatic intermittent injection and dechlorination for control of zebra mussels Moderator system improvements Replacement of stack monitors Replacement of PCB filled components Replacement of irradiated fuel bay heat exchangers Repair of irradiated fuel bay liner Recondition shutdown cooling system Replacement of turbine seal oil and lube oil heat exchangers* Other small oil/water interface heat exchangers will be replaced Groundwater and inactive drainage system smnp san~pling to identify sources of tritium in groundwater Reduction of carbon- 14 emissions from ion exchange columns Review database of preventive and corrective maintenance activities to achieve necessary quality standards Upgrading equipment to minimize oxygen in condensate and feedwater Steam generator remediation Rehabilitation of essential reactor building air conditioning units Inspection of the Condenser Cooling Water system forebay and intake structures Reconditioning heat transport system Overhaul fueling machines Turbine generator major maintenance* 27. 28. 29. 30. 31. 32. 33. D-4 Feedwater heating system upgrades Auxiliary boiler feed system availability improvement Electrical maintenance Transformer maintenance Replacement of digital control computers Condenser Cooling Water system pump overhaul Control room ventilation and air conditioning rehabilitation CMD 0 l-H17 189 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Report OES 021-01 of the Director, Operations & Emergency Services regarding Tender T-6-2001 for the corkstruction of the Petticoat Creek Pedestrian Bridge be received: and That Tender No. T-6-2001 submitted by' King City Group ,k4di' to complete the construction of the Petticoat Creek Pedestrian Bridge in the ~mount of $823,889.30 including 7% G.S.T. be accepted: and 2. That the total project cost of 51.006.298.67 including the tender mount and other associated costs be approved: and 3. That the funding in the amou?( of $1.007.000.00 including transfers fi.om Developmem Charges (~227) an~ _P__~_kl~ Reserve Funds and other sources as identified in prior 3'ears Capital Budgets be approved: and 4. a) That debt financing in the amount of $231.000.00 to be financed internally, for a period not exceeding 10 years, at a rate of 7 percent per annum, be approved; and b) That financing and repayment charges in the amount of approximately $33,000.00 be included in the annual Current Budget for the City of Pickering commencing in 2002 and continuing thereafter until the loan is repaid; and c) That the Director of Corporate Services and Treasurer certifies that this loan and the repayment thereof falls within the City's Debt and Obligations approval Annual Repayment Limit for debt and other financial obligations for 2001 as established by the Province for municipalities in Ontario: and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate officials of the City of Pickering be given authority to give effect hereto. 190 PICKERING REPORT TO COUNCIL FROM: Everett Buntsma Director, Operations & Emergency Services DATE: July 30, 2001 REPORT NUMBER: OES 021-01 SUBJECT: Tender for the Construction of the Petticoat Creek Pedestrian Bridge Tender No. T-6-2001 RECOMMENDATION: It is recommended that Report OES 021-01 from the Director, Operations & Emergency Services be received and that: Tender No. T-6-2001 submitted by King City Group Ltd. to complete the construction of the Petticoat Creek Pedestrian Bridge in the mount of $823,889.30 including 7% G.S.T. be accepted; The total project cost of $1,006,298.67 including the tender amount and other associated costs be approved; The funding in the amount of $1,007,000.00 including transfers from Development Charges (#4227) and Parkland (#4230) Reserve Funds and other sources as identified in prior years Capital Budgets be approved; a) Debt financing in the amount of $231,000 to be financed internally, for a period not exceeding 10 years, at a rate of 7 percent per annum, be approved; b) Financing and repayment charges in the amount of approximately $33,000 be included in the annual Current Budget for the City of Pickering commencing in 2002 and continuing thereafter until the loan is repaid; c) The Director of Corporate Services and Treasurer certifies that this loan and the repayment thereof falls within the City's Debt and Obligations approval Annual Repayment Limit for debt and other financial obligations for 2001 as established by the Province for municipalities in Ontario; d) The Treasurer be authorized to take any actions necessary, in order to effect the foregoing; and, 5. The appropriate officials of the City of Pickering be given authority to give effect hereto. ORIGIN: 2000 Capital Budget AUTHORITY: Mumcipal Act R.S.O. 1990, as amended Conservation Authorities Act, R.S.O. 1990, as amended Report to Council OES 021-01 Subject: Tender T-6-2001 Petticoat Creek Pedestrian Bridge Date: July 30, 2001 Page 2 191 FINANCIAL IMPLICATIONS: 1 Tendered Amount: Construction G.S.T. (7%) Sub-Total G.S.T. rebate (4%) Total $ -69,990.00 53.899.30 S $23,889.30 (30,799.60) S 793,089.70 Approved Source of' Funds: Prior Years: Budget Debt Financing Future Years: Budget unknox~72 Total Approved $ 7r6,000.00 488.000.00 51.264.000.00 Estimated Project Costing Summary: Construction Consulting Fees Construction Supervls~on Site Preparation:Restoration by TRCA (various) r69.990.00 -'6,999.00 40.000.00 3~t.00(~.0() Site Surveying by TRCA Project Contingency 10,000.00 50,000.00 . Sub Total $ 9'76.989.00 G.S.T. G.S.T. rebate (39.079.56) Total Project Cost 51.006.298.67 4. [ Project Costs (over) under Approved Funds $ 257,701.33~] EXECUTIVE SUMMARY: This project involves the construction of a fully accessible, six /6) span pedestrian bridge and asphalt pathway across the mouth of the Petticoat Creek to unify Pickering's portion of the Waterfront Trail. Due to the sensitive nature of the site, preliminao' site preparation work and final restoration planting will be carried out by the T.R.C.A. Construction of the bridge substructure and superstructure and asphalt pathway works are to be completed under contract T-6-2001. The bridge and trail works are located on lands within the Petticoat Creek Conservation Area which is owned and operated by the T.R.C.A. To facilitate construction of these works, a permit was required under Regulation 158. Approval to construct was granted by the T.R.C.A. Executive Committee at their meeting on July 27, 2001. The Region of Durham maintains an Easement Agreement on a portion of the lands located within the project site. Permission was granted by the Region to allow construction access to the 192 Report to Council OES 021-01 Subject: Tender T-6-2001 Petticoat Creek Pedestrian Bridge Date: July 30, 2001 Page 3 project site via the easement as required. A work permit from the Region is not required for this project. BACKGROUND: The Petticoat Creek Pedestrian Bridge project has been identified as a critical link along Pickering's Waterfront. The project is intended to provide recreation opportunities for Picketing residents while creating a vital link along the Waterfront Trail between Picketing and Toronto. The project is to be a landmark attraction that will serve to improve Pickering's recreational, cultural, and tourism potential in an environmentally sensitive way. A concept plan for the project was prepared by Victor Ford & Associates, with the detailed design for the bridge structures prepared by Johnson Sustronk Weinstein + Associates (JSW+) and J.T. Gregg Associates Ltd. The design development for this project was carried out in consultation with the Waterfront Coordinating Committee, City of Picketing Peer Reviewer Mr. Tom Clancy, and the T.R.C.A. The T.R.C.A. and the City of Picketing are partners in the development of this project. The T.R.C.A. is in the process of finalizing a Management Agreement with the City for the maintenance and operation of the bridge and Waterfront Trail located on Conservation Authority Lands (Council Resolution #139/99). The project was open for tender on June 20, 2001, with a closing date of July 18, 2001. A recommended pre-bid site meeting was held on July 9, 2001, which was attended by fifteen (15) potential bidders. The City received a total of eight (8) bids at the time of closing. Tender documents were review by the consulting team, which included Victor Ford & Associates, JSW+, and J.T. Gregg Associates. The recommendation from the consulting team is to award the contract to the lowest bidder, King City Group Ltd., who has experience with the construction of pedestrian bridges and boardwalks located in environmentally sensitive areas. Treasurer's Comments: Funds for this project have been accumulated from a number of Council approvals over a number of years. The 2000 Capital Budget contained a provision of $700,000 in funding for this project which included the need for $488,000 of long term financing, whether through the issuance of debt or internal loans, to be repaid over 10 years, after the expenditures take place. The Recommendations adopted by Council in connection with the 1999 Current and Capital Budgets included the following: "3a) internal debt financing be approved for the projects identified in the 2000 Capital Budget in the amount of $175,000 for a period not to exceed 5 years; and $3,005, ! 88 for a period not exceeding 10 years; projects identified in the (2000) Capital Budget as being financed through the issuance of debt be subject to additional, specific approval by Council of the expenditure and the financing before proceeding." While there remains $1,264,000 of unexpended expenditure approvals for the undertaking, the Tender and other costs included in the report require only $1,006,298 of remaining financing approvals. This is $257,701 less than that originally provided for, therefore the requirement for debt financing has been reduced accordingly from $488,000 to $231,000. Report to Council OES 021-01 Subject: Tender T-6-2001 Petticoat Creek Pedestrian Bridge Date: Jul5' ~{t. 2001 Page 4 193 ATTACHMENTS: 1. Letter of Recommendation from Jotmson Sustronk \Veintstein & Associates (JSW+) 2. Location Map Prepared By: Inspectoi~ ndscape & Parks Development Approved Endorsed By: Director. Operations & Emergency Services Approved Endorsed By: Gillis Paterson Director. Corporate Se~'ices & Treasurer JB:mld Attachments Copy: Chief Administrative Officer Director. Operations & Emergency Services Director. Corporate Sen'ices & Treasurer Division Head, Municipal Property& Engineering Recommended for the consideration of Pickenng City Council 194 ,18111+ Johnson Sustronk Weinstein + Associates Engineers Landscape Architects Planners ATTACHMENT # / July 24, 2001 TO REPORT # 02/-'0 / Operations & Emergency Se:vices RECEIVED: JUL 27 FILE NO: ABEY, TO: FWD/OOPY TO: MAYOR j C.A.O CLERK CUL. & REC. FINANCE MUN PRO~.&ENG HUMAN RES FiRE SERVICES LEGAL TRANSIT PLANNING INFO. SYSTEMS CUST, CARE LIBRARY ECON. DEV. City of Picketing Operations and Emergency Services Departments Picketing Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 Atto: Mr. Everett Buntsma, Director Re' Petticoat Creek Pedestrian Bridge City Contract No. T-6/2001 'I-ender Review and Recommendation Dear Sir: Further to the receipt of eight tender submissions for the above noted project, we have carried out a brief analysis of the low three tenders. They are as follows: 1. King City Group $ 823,889.00 2. Aecon Construction and Materials Ltd. $ 1,048,745.81 3. North American Construction Services $ 1,068,181.00 We understand from our discussions with your Department, that the City Solicitor has reviewed the legalities of the Form of Tender submissions. Our review of the Schedule of Items and Prices and the individual contractor references have discovered no inconsistencies or irregularities in the bids as submitted. JSW+ has worked with King City Group in the past on the installation of the Duffins Creek Pedestrian Bridge. This project was carried out for the TRCA in conjunction with the City of Picketing and the Town of Ajax. Based on that experience and our discussion with others relative to King City Group's capabilities and their ability to carry out this type of project, we recommend that the contract be offered to King City Group at the tender price noted above. On this particular project we would further recommend that significant on-site inspection be carried out to ensure that the City's environmental concerns and priorities are adequately accommodated. Should you have any further questions please do not hesitate to contact me directly. Yours very truly, ~~cipal 20 Mural Street, Unit 10 Richmond Hill, Ontario L4B 1 K3 Tel: (905) 889 - 8100 Fax: (905) 889 - 6616 GLH/slv Victor Ford (Victor Ford Associates) Terry Grcgg (J.T. Grcgg Associates) Jill Hone (City of Picketing - Purchasing) Larry Field (TRCA) Tom Clancy ATTACHMENT ~ ~:,O,,. TO REPORT # 02 / -' ~ / ROAD LA KE OPERATIONS AND EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY AND ENGINEERING DIVISION 1:10 000 JULY 30/2001 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT LOCATION OF PETTICOAT CREEK PEDESTRIAN BRIDGE 196 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That Clerk's Report CL 28-01 regarding the proposed Standing Committee System be received. That the draft by-law attached to Clerk's Report CL 28-01 to amend By-law Number 3665/91 to implement the Standing Committee System and provide for roles of procedure be enacted. That Councillors ., and be appointed to the Finance Committee for a term to expire on November 30, 2003. That Councillors _, and be appointed to the Operations Committee for a term to expire on November 30, 2003. That Resolution #210/96 passed on June 24, 1996 to provide for the establishmem of a Standing Committee to be known as the Administration Committee be rescinded. REPORT TO COUNCIL 197 FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: July 27, 2001 REPORT NUMBER: CL 28-01 SUBJECT: Proposed Standing Committee System RECOMMENDATION: That Clerk's Report CL 28-01 regarding the proposed Standing Committee System be received. That the draft by-law attached to Clerk's Report CL 28-01 to amend By-law Number 3665/91 to implement the Standing Committee System and provide for rules of procedure be enacted. That Councillors and Finance Committee for a term to expire on ~,ov'~mber 30, 2003 That Councillors and Operations Committee for a term to expire on No~erff6~r 30, ,00.~ be appointed to the be appointed to the That Resolution #210/96 passed on June 24, 1996 to; provide for the establishment of a Standing Committee to t?e known as the Administration Committee be rescinded. ORIGIN: Resolution #83/01, Item #12, passed on June 25, 2001 AUTHORITY: Section 102.1 (1) of the Municipal Act (creation of committees) Section 55(2) of the Municipal Act (procedural by-law) FINANCIAL IMPLICATIONS: Not applicable E~C~IVESUMMARY: On June 25, 2001, Council passed a resolution to approve a Discussion Paper to be used as the basis for discussion with the Stakeholders Forum on the proposed Standing Committee System. This Report provides the comments from the Stakeholders Forum and a draft by-law to formalize the Standing Committee System for implementation in September, 2001. 198 Report to Council CL 28-01 Subject: Proposed Standing Committee System Date: July 27, 2001 Page 2 BACKGROUND: Council passed the following resolution at its regular meeting of June 25, 2001: That Clerk's Report CL 26-01 dated June 21, 2001 regarding the proposed Standing Committee System be received; and That the draft Discussion Paper attached to the memorandum be approved and used as the basis for discussion with the Stakeholders Forum to be held during the month of July, 2001; and o That the Discussion Paper, along with comments made by the Stakeholders Forum, form the basis of a by-law to amend By-law Number 3665/91 (Procedural By-law) to implement the Standing Committee System; said by-law to be considered at the Council Meeting of August 7, 2001 for implementation in September, 2001; and That a general invitation be placed on the Community Page and the Website for public participation at the Stakeholders Forum. The Stakeholders Forum was held on Thursday, July 26, 2001 at 7:00 p.m. in the Council Chambers. As required by Resolution #69/01 passed on May 7, 2001, an invitation to participate in the Stakeholders Forum, along with a copy of the Discussion Paper, was sent to representatives of all the City's Community Associations and to 10 other persons who expressed an interest in this issue. Also, as directed in the above resolution, a general invitation was placed on the Community Page on July 11th, 18th and 25th and on the Website. A copy of the Discussion Paper is attached hereto for your information. COMMENTS MADE AT THE STAKEHOLDERS FORUM The following persons were in attendance at the Stakeholders Forum held on July 26th: Martin Herzog, Liverpool West Community Association Angie Jones, Durham Conservation Association Inc. Paul Savel, Altona West Community Association David Steele, PACT & Pickering Working Group Jacqueline Smart, PESCA Jackie Bonnell Tim & Judy Stapleton Peggy Wilmot Susan O'Neil, News Advertiser Councillor Brenner Councillor Holland Councillor McLean Neil Carroll, Director, Planning & Development Tom Melymuk, Division Head, Corporate Projects and Policies Bruce Taylor, City Clerk The following is a summary of the comments that were made with respect to the proposed Standing Committee System and associated issues: The timing of the Stakeholders Forum and consideration of the Standing Committee System on August 74 is inappropriate because many residents are on vacation. All matters before Council are of public interest and should therefore be considered at a meeting in the evening when most residents can attend. Report to Council CL 28-01 Subject: ProPosed Standing Committee Svstem Date: July 27, 2001 Page 3 Agendas for Council and committee meetings are currently not reaching the Community Associations until the day of the meeting. Agendas that are sent to the Communiw Associations should include all backup material. Concern that staff will loose its professional independence under a Standing Committee System. Notifications to the public of development applications should be circulated to a wider area. If the Standing Committee Svstem is adopted, all meetings should start off being held in the evening and moved to a daytime meeting only aPter it has been shown that it is appropriate to do so. Planning Meetings should be held in facilities within the Ward to which a development application applies. If da,vtime meetings are established, Councillors will be required to become full-time and there will be a need to look at all aspects of Council remuneration. Council must examine the cost of stafftime if daytime meetings are established. The issue of amalgamation and how it will affect the committee structure should be examined before adopting anv form of committee system Campaign donations should be noted on all Planning Repons if the proponent made such a donation. It has been stated that staff will be more responsive under a Standing Committee System. Why are they not responsive now? Residents who attended the Council Meeting on May 7, 2001, when the issue of the Standing Committee System was being considered, where confused about the proceedings and debate at that meeting. There is some concern that the Discussion Paper that was approved by Council on June 25th is different from what was originally proposed bv Council on May 7th. There was a concern that residents may not be able to speak freely at a Standing Committee meeting. There has been a noticeable philosophical change bv Council over the years to be more approachable to the public. A Standing Comrmttee System could change that. Every resident must be given the opportunity to attend a committee meeting even if experience shows that the meetings are not well attended. If daytime committee meetings are held, staffwill be taken away from their jobs. Every Ward should be represented on a Standing Committee Concern about the public consultation process. The Discussion Paper does not indicate what Council or staff considers to be matters of public interest. At present, there are problems with addressing Council and the Committee of the Whole. At present, there are instances when items are discussed late in the evening and interested residents are too tired to stay for the discussion Council should seek community input with respect to anv changes to its compensation. Will certain ad hoc committees, such as the Audit Committee, be disbanded if the Standing Committee System is adoptedO Daytime meetings tend to exclude resident input When evaluating the Standing Committee System in one year, Council must ensure that it establishes objective comparators in order to cam' out a proper evaluation. AMENDMENT TO PROCEDURAL BY-LAW TO PROVIDE FOR STANDING COMMITTEES Attached to this Report is the draft by-law to amend By-law Number 3665/91 (Procedural By- law) to provide for the establishment of the Standing Committees and rules of procedure that are specific to the Standing Committees. The main features of this drat~ by-law are as follows: 2OO Report to Council CL 28-01 Subject: Proposed Standing Committee System Date: July 27, 2001 Page 4 The Committee of the Whole shall be comprised of all Members of Council, the Chair of the Committee shall be rotated each meeting amongst the Councillors in alphabetical order, the Committee shall meet on the second Monday of each month and consider items that are not within the jurisdiction of the other Standing Committees and any matter referred to it by Council. The Planning Committee shall be comprised of all Members of Council, the Chair of the Committee shall be rotated each meeting amongst the Councillors in alphabetical order, the Committee shall meet on the second Monday of each month and consider items over which Council has any power under the Planning Act, any matter that is within the jurisdiction of the Department, Planning and Development and any matter referred to it by Council. The Finance Committee and the Operations Committee shall each be comprised of three Councillors and the Mayor as ex-officio, the Chair shall be appointed by the Committee and shall be rotated each year amongst the members who are Councillors, each Committee shall meet on the fourth Monday of each month and the Finance Committee shall consider items that are within the jurisdiction of the Department, Corporate Services and the Operations Committee shall consider items that are within the jurisdiction of the Department, Operations and Emergency Services. Council shall retain the right to consider any matter without referring it to a Standing Committee. Council shall have the right to refer a matter to two or more Committees. Council shall have the right to withdraw a matter from a Committee at any time. Council shall retain the right to appoint a special or ad hoc Committee to enquire into and report on any matter. Motions made at a Standing Committee will not require a seconder. There will be no limit to the number of times a Member of the Committee may speak to a motion. No recorded votes will be taken at a Standing Committee Meeting. The rules for introducing new business or hearing delegations at a Standing Committee Meeting would be somewhat relaxed. The agendas and minutes of the Standing Committee Meetings shall be sent to all Members of Council. The recommendations made by a Standing Committee shall be sent to the first Council Meeting following the meeting of the Standing Committee. The Standing Committees may call Special Meetings subject to proper notice being given. APPOINTMENTS TO THE FINANCE AND OPERATIONS COMMITTEE If Council wishes to implement the Standing Committee system in September of 2001, it should make the appointments to the Finance and Operations Committees so that the members of these Committees can meet informally to determine the actual times and locations where they will be meeting, when they wish to have agendas prepared and other procedural issues. ATTACHMENTS: 1. Discussion Paper 2. Draft By-law Report to Council CL 28-01 Subject: Proposed Standing Committee System Date: Attachments Copy: Division Head, Corporate Projects and Policies Recommended for the consideration of Picketing City Council ~ ¥~ef A~ative Officer July 27, 2001 Page 5 2nl 202 ATTACHMENT# DISCUSSION PAPER STANDING COMMYITEE SYSTEM AS PROPOSED IN RESOLUTION 069/01 PASSED ON MAY 7, 2001 PLANNING COMMITTEE The Planning Committee would be comprised of all Members of Council and would meet on the second Monday of each month in the evening except during the months of July and August when Council normally recesses. The Chair of this Committee would rotate each meeting on an alphabetical basis amongst the Councillors. Recommendations fi.om this Committee would be forwarded to the Council Meeting held on the third Monday of each month for ratification. This Committee would consider aH forms of development applications including zonings, subdivisions, Official Plan Amendments, Minister's Zoning Orders and various planning studies. Currently, planning matters can be considered on the second and fourth Monday of each month. The proposed structure could, on occasion, cause a delay in a development application proceeding through the process because the Planning Committee would be meeting only once per month. The Statutory Public Information Meetings would continue to be held on the third Thursday of each month. COMMITTEE OF THE WHOLE Resolution//69/01 provides for the establishment of three Standing Committees to mirror the. three munidpal departments, namely Corporate Services, Operations & Emergency Services and Planning & Development, that were created in 2000 as a result of the administrative reorganization. A committee would still be required to consider matters fi-om the CAO and the administrative divisions being Clerk's, Corporate Projects and Policies, Human Resources and Legal Services and matters of'a broad corporate interest. ATTACH M E NT ;~ .~ TO REPORT 2n3 A Committee of the Whole would be formally established to consider matters fi-om the Chief Administrative Officer's Office, the administrative divisions and matters of a broad corporate interest. This Committee would meet on the same evening as the Planning Committee, however, the agenda for the Planning Committee and the Committee of the Whole would be appropriately delineated to ensure that there is no question that the two Committees are separate entities. FINANCE COMMITTEE ~ OPERATIONS COMMITTEE The Finance Committee and the Operations Committee would meet on the fourth Monday.of each month in the Main Committee Room. The Finance Committee would meet at 10:00 a.m. and it would be reasonable to expect that the business of that Committee could be concluded in most cases before noon. The Operations Committee would meet at 1:00 p.m. which would allow for a longer meeting that would not need to be interrupted if there was a contentious issue. Recommendations from the Finance Committee and Operations Committee would be forwarded to the first Council Meeting of each month for ratification. The Finance Committee and the Operations Committee would each have three members with the Mayor as ex-officio member. The Chair would rotate on an annual basis which would allow each member of the committee to act as Chair. This would mean that each Councillor would sit on two committees; all Councillors would sit on the Planning Committee and each Councillor would sit on either the Finance Committee or the Operations Committee. MATTERS OF PUBLIC INTEREST Item #9 of Resolution #69/01 states that all Standing Committees will meet in the evening to discuss matters of public interest as determined through pubhc consultation. It is proposed that the Planning Committee will meet at 7:00 p.m. or 7:30 p.m. on the second Monday of each month and deal with various development applications which are usually of most interest to the public. The Committee of the Whole will also be meeting on the second Monday of each month following the Planning Committee meetings and it is likely this committee that would deal with governance issues, regulatory by-laws, economic development matters and other related issues that may be of interest to the public. Therefore, the Stakeholders Forum would need to determine or ly those matters that could be considered of public interest that would be dealt with by the Finance Committee and the Operations Committee. ATTACHMENT#- / ... TO REPOB, i ~ '-~- .-~o ~/ It has also been proposed that although Resolution #69/01 restricts the Stakeholders Forum to determine matters of public interest, this group may also provide comments on the entire issue of the Standing Committee system. REVIEW OF THE STANDING COMMITTEE SYSTEM A review of the Standing Committee system should be undertaken in the Spring of 2003 after being in place for approximately eighteen months. The conclusions reached and the decisions made on thi~ future of the Standing Committee system would be more credible because they would be based on a longer period of time than the review after oneyear suggested in Resolution #69/01 and it would allow each of the members of the Operations Committee and the Finance Committee an opportunity to act as Chair of those Committees. REMUNERATION The issue of Members of' Council receiving an honouraxium based on committee membership as set out :,n Item #14 of Resoluti°n #69/01 has been removed for consideration. ATTACHI"IEF!"r~; / TOREPORT#,cc ~' 9 - c.,/ RESOLUTION//69101 PASSED ON MAY 7~ 2001 2n5 That the Corporation of the City. of Pickering's Executive Committee be replaced by three Committees of Council, one for each of the three Municipal Departments - a Planning Committee, an Operations Committee and a Finance and Corporate Services Committee effective June 1,2001; and That there be a transition period effective June 1, 2001 until September 2001 whereby all Corporate matters would be dealt with through a Committee of the Whole that would report to Council; and That the Committee of the Whole meet on the 2=a and 4th Monday of each month as set out on the meeting schedule; and That each Committee of Council be comprised of 3-4 members of Council and that the Mayor of the City of Picketing sit ex-officio on all committees; and That every Member of Council be allowed to attend and vote at Planning Committee meetings regardless of their membership in that committee; and That each Member of Council may sit on as many' as two committees but is not required to have membership in any committee; and That all former Executive Committee items be considered by the appropriate Committee of Council to make recommendations to Council; and That each committee meet such that two committees report to the first Council meeting of the month and the remaining committee report to the last Council meeting of the month unless the Mayor, CAO or a majority of committee members by petition call an emergency meeting; and That each committee determine its own meeting schedule so long as ample time is provided to consider and make recommendations back to Council for consideration and so that it fits into the rotation as outlined in point 7, and That the Planning Committee, Operations Committee and Finance and Corporate Services Committee meet in the evening on all matters pertaining to public interest as determined through public consultation; and That staff of the Division of Corporate Projects & Policy facilitate a Stakeholders Forum within the interim period with the community and Council to define matters considered to be of public interest; and That an invitation be sent to, but not limited to, all individuals who have shown an interest through written comments with this item to participate in the Stakeholders Forum.. ATTACHMENT~ / TOREPORT~ c'c 10. 11. 12. 13. 14. 15. That the membership of each Committee of Council be determined by Council no later than May 22, 2001 for a term to expire November 31, 2003; and That the membership of subsequent Committees of Council be determined at the beginning of each new term of office in tandem with other committee appointments; and That the Chair of each Committee of Council rotate alphabetically every meeting among the Committee membership; and That Site Plan Committee be dissolved into the Planning Committee; and That Members of Council receive an honorarium per meeting not to exceed $2,500 per annum for each committee of which they are a member; and That at the end of one year of implementation of this new structure, Council and senior staff evaluate the success of the new structure as well as calculate the savings and efficiencies that'have resulted from the initiative. ATT^CHHEN-r :t~Z_._ Tu REPORT THE CORPORATION OF THE CITY OF PICKERING 2n7 BY-LAW NUMBER Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. WHEREAS the Council of the Corporation of the City of Picketing enacted By-law Number 3665/91 on February 18, 1991 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings; and WHEREAS Council passed Resolution #69/01 at its regular meeting of May 7, 2001 to establish a standing committee system; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS; Sections 5, 6 and 7 of By-law Nuxnber 3665/91 are hereby deleted and the following is substituted therefore: 5. There shall be four Standing Committees to be organized as follows: (a) Committee of the Whole (i) The Committee of the Whole shall be comprised of all Members of Council. (ii) The Committee shall meet on the second Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. (iv) The Committee of the Whole has the power to enquire into and report to Council on any matter that is not within the jurisdiction of the Planning Committee, Finance Committee and Operations Committee and any other matter referred to it by Council. (b) Planning Committee (i) The Planning Committee shall be comprised of all Members of Council. (ii) The Committee shall meet on the second Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. ATTACHHEixiT #_. .2--- .i'O REPORT# CZL 2._ ~'- ~ O / 2 (iv) The Planning Committee has the power to enquire into and report to Council on any matter over which Council has any power under the Planning Act, any matter that is within the jurisdiction of the Department, Planning and Development and any other matter referred to it by Council. (c) Finance Committee (i) The Finance Committee shall be comprised of three Councillors and the Mayor as ex-officio. (ii) The Committee shall meet on the fourth Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be a member of the Committee other than the Mayor and shall be rotated each year and be appointed at the first meeting of the Committee in each calendar year, except for the first year following a regular municipal election when the Chair shall be appointed at its first meeting following the municipal election. (iv) The Finance Committee has the power to enquire into and report to Council on any matter that is within the jurisdiction of the Department, Corporate SerVices and any other matter referred to it by Council. (d) Operations Committee (i) The Operations Committee shall be comprised of three Councillors and the Mayor as ex-officio. (ii) The Committee shall meet on the fourth Monday of each month at a time and location to be determined by the members of the Committee. The Chair of the Committee shall be a member of the Committee other than the Mayor and shall be rotated each year and be appointed at the first meeting of the Committee in each calendar year, except for the first year following a regular municipal election when the Chair shall be appointed at its first meeting following the municipal election. (iv) The Operations Committee has the power to enquire into and report to Council on any matter that is within the jurisdiction of the Department, Operations and Emergency Services and any other matter referred to it by Council. Notwithstanding Section 5 of this By-law, (a) Council may consider any matter without referring it to a Committee or may refer it to two or more Committees or refer it to the Committee of the Whole and may withdraw a matter fi.om a Committee at any time. (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. o The rules of procedure set out in this By-law shall be observed in meetings of the Standing Committees insofar as they are applicable, provided that, (a) a motion shall not be required to be seconded; (b) the number of times a Member may speak on any question shall not be limited; (c) a recorded vote shall not be taken on a question before a Committee; (d) (e) (0 (g) (h) the rules in respect to the introduction of new business in Council and the hearing of delegations shall apply to Committees unless otherwise decided by the Committee; the quorum of a Committee shall consist of a majority of the total Members excluding the Mayor, however, the Mavor can be counted to form a quorum. the agendas, minutes and any written notices pertaining to any Committee shall be sent to all Members of Council. a report, setting out the recommendations of the Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. Special Meetings of the Standing Committees, (i) May be called by the Chair of the Committee on condition that the Committee does not meet while Council is meeting. (ii) May be called by the Chair of the Committee when requested to do so by a majority of Members of the Committee. (iii) Written notice of a Special Meeting ora Committee must be given to all Members at least twenty-four hours before the time appointed for such meeting. (iv) The written notice to be given under clause (iii) shall indicate the nature of the business to be considered at the Special Meeting and the date, time and place of the Meeting. (v) No business other than that indicated in the written notice shall be considered at the Special Meeting except with the unanimous consent of all Members of the Committee present and voting at such meeting. By-law read a first, second and third time and finally passed this 7th day of August, 2001. Mayor Deputy Clerk 210 RECOMMENDATION OF THE COMMITTEE OF THE WHOLE DATE MOVED BY SECONDED BY That the draft by-law to appoint one person to enforce the Parking By-law at 726 Kingston Road, be forwarded to Council for approval. REPORT TO COUNCIL FROM: Bruce Taylor, .4JvlCT, CMM City Clerk DATE: July. .~.' 2001 REPORT NUMBER: CL 27/01 SUBJECT: Appointments to enforce the Parking By-law at 726 Kingston Road. in Pickering. RECOMMENDATION: That the draft by-law to appoint two persons to enforce the Parking By-law at 726 Kingston Road, be forwarded to Council for approval. ORIGIN: Letter from Citiguard Security Services Inc. dated June 27. 2001. AUTHORITY: Section 15(I) of the Police Sen, ices Act. R.S.O. 1990. c.P. 15 FINANCIAL IMPLICATIONS: None EXECUTIVE SUMMARY: N/A BACKGROUND: Correspondence has been received from Citiguard Security Services Inc. requesting the appointment of two persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at 726 Kingston Road. ATTACHMENTS: 1. Correspondence from Citiguard Security' Services Inc. 2. Draft By-law. 21_2 Report to Council CL 27/01 Subject: Appointmem of By-law Enforcement Officers Date: July 3, 2001 Page 2 Prepared By: Approved / Endorsed By: Debbie Kearns BT:dk Attachments Copy: Chief Administrative Officer Bruce Taylor Recommended for the consideration of Pickering City Council Tl~onTms- J. Quinn~Chi~ Ad~ ~6...'27./28_F4] 138:49 4].643174~2 ,:ZITIGLI~,PD ~EC:IJRIT'¥' ~ '1 ,~ ~Z4GE _n'~ Via Fax ~905-420-05J~5 June 27, 2001 ~r~ENT #/~ TO ~EPOI~T #~ ClTIGUARD SECURITY SER WCES INC. RECEIVED CITY OF PICKERING JUN 2 7 2001 CLERK'S DIVISION The City of Picketing By Law Department,~.~ .Attention: B~(¥own Clerk'} Re: ,~6 Kingsto.~ Road Please add the following employee as nmmcipai eI~tbrcement oificer for tagging: Jainahne Kassiedass Thank Yours/~,, 250 Cons ~mcrs Road IDB/20/201D1 09:ID2 41~4~1740~ CITIGUARD SECURITY PAGE PJ Fax #905~420-0515 ClTIGUARD SECURITY SERVICES INC. RECE CITY OF PI, JUN 2 CLERKs 0 20 JuDe 19, 2001 Town of Picketing By-Law Department Attention: Bruce Taylor (Town Clerk) t~.: ~'za k~oc~sT-o.O iLO. Please add the following employee as municipal erd'orcement officer for tagging: Daniel Moran Also, delete the following person from tagging list: It. on Bascom Thank IOU, uly, ~seovski THE CORPORATION OF THE CITY OF PICKERING ~ } '~ BY-LAW NO. Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation 726 Kingston Road) WHEREAS pursuant to secnon 15(I) of the Police Services Act., R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws: NOW THEREFORE THE COL~'CIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That Jainarine Kassiedass and Daniel Moran be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By- law and is hereby authorized to enter at all reasonable times upon lands municipally known as 726 Kingston Road. The authority granted in section I hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time. to exceed the authority set out in section 1. This appointment shall expire upon the person listed in section 1 ceasing to be employees of Citiguard Security Services Inc. or upon Citiguard Security Sen'ices Inc. ceasing to be an agent of 726 Kingston Road. or upon whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 7th day of August, 2001. Wayne Arthurs. Mayor Anne Greentree. Deputy'-Clerk RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Committee of the Whole dated August 7. "( ~ z )01. be adopted. CARRIED: MAYOR APPENDIX #1 CITY OF PICKERING That the Committee of the Whole of the City of Picketing having met on August 7, 200 l. presents its twelfth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 26-01 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP LANDS BY LAND SEVERANCE W. GRAWERT PART OF LOT 27, PLAN 1051 LEAST SIDE OF APPLEVIEW ROAD, NORTH OF DUNBARTON ROAD) That the request made by W. Grawert, to permit the division of the subject lands, being Part of Lot 27, Plan 1051 (identified as Parts 2 & 3, Plan 40R- 10323, and known as 1797 Appleview Road), to create one new residential building lot through Land Severance Application LD 100/99, rather than by draft plan of subdivision, be APPROVED. PLANNING & DEVELOPMENT REPORT PD 29-01 DRAFT PLAN OF SUBDIVISION APPLICATION SP 2001-01 ZONING BY-LAW AMENDMENT APPLICATION A 11/01 DANLU HOLDINGS LIMITED BLOCK 14 AND PART OF BLOCK 19, PLAN 40M-198l (LANDS EAST OF ALTONA ROAD, SOUTH AND WEST OF SPARROW CIRCLE) That Draft Plan of Subdivision Application SP-2001-01 submitted by Mr. Grant Morris of Grant Morris Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to permit the development of 43 residential lots supporting 40 townhouse dwelling units and 3 detached dwelling units, be APPROVED, subject to the conditions outlined in Appendix I to Planning Report Number PD 29-01. That Zoning By-law Amendmem Application A 11/01 submitted by Mr. Grant Morris of Grant Morris Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to establish performance standards to allow the development of 3 detached dwelling units on "wide-shallow" lots, and to reduce the current fi'ont and rear yard depth zoning requirements to accommodate the siting of one townhouse dwelling unit on the subject lands, be APPROVED, subject to the conditions outlined in Appendix II to Planning Report Number PD 29-01. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/01, as set out in draft in Appendix III to Report Number PD 29-01 be forwarded to Council for enactmem. o PLANNING & DEVELOPMENT REPORT PD 30-01 ZONING BY-LAW AMENDMENT APPLICATION A 16/00 (PHASE I) CLAREMONT ESTATES ONTARIO INC. AND PUBLIC WORKS CANADA PART OF LOT 20, CONCESSION 8 (LANDS SOUTH OF KODIAK STREET AND EAST OF SIDELINE NO. 20)___ That Zoning By-law Amendmem Application A 16/00, submitted by Mr. Don Bennett, on behalf of Claremont Estates Ontario Inc., on lands being Part of Lot 20, Concession 8, City of Picketing, to permit the developmem of 19 hamlet residential lots (as proposed through related Draft Plan of Subdivision Application SP-2000-02, Revision 1), to zone part of the subject lands from "A" - Rural Agricultural to an "open space" zone category and to acknowledge certain lands required tbr "nitrate dilution" originating from the proposed residential lots. be APPROVED IN PART, to change the zoning on part of the subject lands located generally south of Kodiak Street to an appropriate open space zone categoD that zones these lands for "environmental protection and nitrate dilution" purposes, as set out in the draft by-law contained in Appendix I to Report Number PD 30-01. That the amending zoning by-law to implement "Phase 1" of Zoning By-law Amendment Application A 16/00, as set out in draft in Appendix I to Report Number PD 30-01 be tbrv;arded to Council tbr enactment. That the City Clerk advise the Ministry of Municipal Affairs and }lousing that City Council recommends that the Lieutenant Governor in Council grant an exemption under section 7 of the ()ak Rid, k, es Moraine Protection ,4Ct, as it aflbcts the subject lands, to allow- City Council to lift an "(H)" - Holding Symbol contained in the applicable City Zoning By-law and proceed with obtaining regional and local approvals to create Ii)ur ~amlet residential lots on the south side of Kodiak Street. in Part of Lot 20, Concession 8. in the City of Pickering (Hamlet of Claremont). PLANNING & DEVELOPMENT REPORT PD 27-01 ZONING BY-LAW AMENDMENT APPI.ICATION A 39.."00 MARiON HOLLINGER PAR]' OF LOTS 88 AND 89. RCP PLAN 1051 NOW PART 1, PLAN 40R-19836 AND PART 1. PLAN 40R-19908 L! 878-1886 BROOKSHIRE ~ That Zoning By-law Amendment Application A 39/00, on lands being Part of Lots 88 and 89. Plan 1051 (identified as Part 1. Plan 40R-198~6' and Part 1. Plan 40R-19908). Citx: of Pickering, to amend the zoning on the subject lands from "PO"- Residential Detached Dwelling Zone to "S2" - Residential Detached Dwelling Zone. in order to permit the development of five lots providing a minimum lot frontage of 13.5 metres, be APPROVED subject to the conditions outlined in Appendix I to Report No. PD 27-01: That the amending zoning by-law to implement Zoning By-law Amendment Application A 39/00, as set out in draft in Appendix II to Report No. PD 27- 01. be forwarded to City Council for enactment; and That the request made by Marion Hollinger. to permit the division of the subject lands, being Part of Lots 88 and 89. Plan 1051. (identified as Part 1. Plan 40R-19836 and Part 1. Plan 40R-19908) to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. PLANNING & DEVELOPMENT REPORT PD 28-01 ZONING BY-LAW AMENDMENT APPLICATION A 7,01 M. ELLIS LOT 111, PLAN 816 (EAST SIDE OF HIGHBUSH TRAIL. SOUTH OF SHEPPARD AVENUE)___ That Zoning By-law Amendment Application A 07/01. submitted bv M. Ellis. on lands being Lot 111. Plan 816, City of' Picketing. to amend the'zoning of the northerly portion of the subject lands from "R4" to an appropriate zone category, in order to permit the creation of a lot with a minimum 12.5 metre lot frontage and a minimum lot area of 360 square metres and to recognize the existing dwelling on the southerly portion of the subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 28-01: and 241 That the amending zoning by-law to implement Zoning By-law Amendment Application A 07/01, as set out in draft in Appendix II to Report Number PD 28-01, be forwarded to City Council for enactment. PLANNING & DEVELOPMENT REPORT PD 25-01 THE OAK RIDGES MORAINE - PROPOSALS FOR THE PROTECTION AND MANAGEMENT OF A UNIQUE LANDSCAPE DRAFT REPORT PREPARED BY THE REGIONS OF DURHAM, YORK AND PEEL That Report Number PD 25-01 of the Director, Planning & Development be endorsed as the City's comments on the draft Report entitled "The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape"; and That a copy of Report Number PD 25-01 be forwarded to the Regions of Durham, York and Peel, and the Ministry of Municipal Affairs and Housing for their inlbrmation. AJAX PICKERING TRANSIT AUTHORITY REPORT APTA 01-01 TRANSIT MERGER AGREEMENT That Report APT 01-01 of the General Manager, Ajax Pickering Transit Authority regarding the Transit Merger Agreement be received for information; and That Council approve a By-law as set out in Attachment No. 1 attached hereto to authorize the execution of a transit system Merger Agreement as set out in Attachment No. 2 attached hereto between the Corporation of the Town of Ajax and the Corporation of the City of Pickering; and 2. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. o CHIEF ADMINISTRATIVE OFFICE REPORT CAO 05-01 PICKERING NUCLEAR GENERATING STATION PNGS-A RETURN TO SERVICE RELICENSING OF PNGS-A o That Report to Council CAO 05-01 concerning the return to service of PNGS- A be received. That Council advise the Canadian Nuclear Satbty Commission (CNSC) that it supports the CNSC staff recommendation to allow the restart of the PNGS-A reactors, subject to the conditions outlined in CMD 01-H17, and providing all the required improvements and modifications specified in Appendix D of that document are completed before any unit is returned to service, with the following clarification: That Item 31 of Part A of Appendix D be reworded as follows: "Submit evidence that a memorandum of understanding has been entered into with the City of Pickering concerning mutual aid, coordinated fire response and joint drills." That Council request the CNSC to add the following as condition of relicensing: "Tha! OPG tnakc ap£ro?rialc arrtlngemenlx with the ('it)' q/' Pickering concernin~ the provixion ~¥ adcquale.]irc and emer,~enc3' response services lo the community'." That a cop3, of Report to Council CAO 05-01 be lbrwarded to the Canadian Nuclear Satbtv Commission. the Ontario Poxver Generation. and the Honourable Dan McTeague, M.P. Pickering-A~iax-Uxbridge. OPERATIONS AND EMERGENCY SERVICES REPORT OES 021-01 TENDER FOR THE CONSTRUCTION OF THE PETTICOAT CREEK PEDESTRIAN BRIDGE TENDER NO. T-6-2001 That Report OES 021-01 of the Director. Operations & Emergency Services regarding Tender I-6-2001 tbr the construction of the Petticoat Creek Pedestrian Bridge be received: and "3 That Tender No. T-6-2001 submitted by King City Group Ltd. to complete the construction of thc Petticoat Creek Pedestrian Bridge in the amount of $823,889.30 including 7% G.S.T. be accepted: and That the total pro eot cost of $1,006,298.67 including the tender amount and other associated costs be approved; and That the funding in the amount of $1.007.000.00 including transfers from Development Charges (#4227) and Parkland (=42.30) Reserve Funds and other sources as identified in prior years Capital Budgets be approved: and a) That debt financing in the amount of $231.000.00 to be financed internally, for a period not exceeding 10 3'ears. at a rate of 7 percent per annum, be approved: and b) That £mancing and repayment charges in the amount of approximately $33.000.00 be included in the annual Current Budget Ibr the City of Pickering commencing in 2002 and continuing thereafter until the loan is repaid: and c) That the Director of Corporate Services and Treasurer certifies that this loan and the repayment thereof falls within the City's Debt and Obligations approval Annual Repa?ment I.imit tbr debt and other financial obligations lbr 2001 as established bx-the Province for municipalities in Ontario: and d) That the Treasurer be authorized to take any actions necessa0' in order to effect the foregoing: and That the appropriate officials of the City of Pickering be given authority to give effect hereto. 10. CLERK'S REPORT CL 28-0l PROPOSED STANDING COMMITTEE SYSTEM That Clerk's Report CL 28-01 regarding the proposed Standing Committee System be received. That the draft by-law attached to Clerk's Report CL 28-01 to amend By-law Number 3665/91 to implement the Standing Committee System and provide for rules of procedure be enacted. That Councillors and be appointed to the Finance Committee for a term to expire on November 30, 2003. That Councillors and be appointed to the Operations Committee for a term to expire on November 30. 2003. o That Resolution #210/96 passed on June 24, 1996 to provide for the establishment of a Standing Committee to be known as the Administration Committee be rescinded. July 4, 2001 To' [:rolll: subject: PLANNING & DEVELOPhlENT I)EP:~RTMENT Bruce Taylor City Clerk Tyler Barnett Planner l Draft Amending Bv-laxv lbr Zoning Bv-laxv Amendment ,:\pplication A 19/99 A. Brancato }'art of Lot 25, Plan 228 (1405 Rougemount Drix e. i](~rth of Rouge Mill Cot~rt) City of' Picketing 244 (~itv Council, on N.'larch O. 2000. aipproved thc aboxc-r~otcd application to permit the development oFresidentiat dxxcllings xxith minimum lot fi'enrages o1't5.0 metres. Conditions of approval which entailed the prcperation of an ~lccurate surxex plan have now been satistied and a dral~ amending bx-lax~ has been prcpnred. 'l}~e drati by-law has been circulated to and approved by the applicant and is nttnchcd Ibr thc consideration of City Council at their meeting scheduled lbr :Kugust 7, 2001. Statutory Public Meeting was held For ti~is application o~q {)trebor 2I. t %~t09. ~lhe purpose and effect of this bv-lax~ is to change the xoni~ of the subject property From "R3" to "1~4-17"- Residential l)ctachcd [)xvelliil~ Zol~c. il~ order it, t'acilitatc the scxerance of the property into two 15.0-metre lots. It' you require further assistance or ctari[Scatit~r~, ple:ise cio i~ot hesitate to contact the undersigned. I concur that this by-law be considered at this time. Development JTB/ Attachment Jtb',brancato\bylawmem.doc 245 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5868/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 25, Plan 228, in the City of Pickering. (A 19/99) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of residential detached dwellings on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended by By-law 2912/88 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 25, Plan 228, designated "R4-17" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in confornfity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "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, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; 246 (3) (4) (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys o£ a building or structure, or part thereof as the case may be, other thm~ a private garage, an attic, or a cellar: (a)__ "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory, buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Covetable" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Fronta~e" shall mean the width of a lot betweei~ the side lot lines measured along a line parallel to and 7.5 metres distant from the Front lot line; "Private Garag_~ 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 othe~vise; (a) __ "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line o£ the lot and the nearest ,,,,'all of the nearest main building or structure on the lot; "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across tile Full width o£ a lot between the rear lot line o£ tile lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest `,,,'all of the nearest main building or structure on the lot; "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall oFthe nearest main building or structure on the lot: (0 "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean tile 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) "Fl~ 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) "Flankag_9_ Side Yard Width" shall mean the shortest horizontal dimension of a flaItkage side yard of a lot between tile lot linc adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 247 3 PROVISIONS (1) (a) Uses Permitted ("R4-17" Zone) No person shall within the lands designated "R4-17" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements ("R4-17" Zone) No person shat1 within the lands designated "R4-17" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) LOT AREA (minimum): LOT FRONTAGE (minimum): FRONT YARD DEPTH (minimum): A 460 square metres; 15.0 metres; 15.0 metres; Despite the provisions of section 5.(b)(iii) above, on the lands cross hatched on Schedule I, the front yard depth shall be a minimum of 25.0 metres and a maximum of 40.0 metres; SIDE YARD WIDTH (minimum): A B REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): DWELLING UNIT REQUIREMENTS: unit per lot GROSS FLOOR AREA (minimum) SPECIAL REGULATIONS: 1.5 metres on one side, 2.4 metres on the other side; or 1.5 metres on both sides where a private garage is erected as part of the dwelling; 7.5 metres; 33 percent; 9.0 metres; maximum one dwelling 100 square metres No part of any attached private garage shall extend more than 2.0 metres beyond the front wall of the dwelling to which it is attached. ACCESSORY BUILDINGS: A Section 5.18(a) of By-law 3036 shall not apply to the lands illustrated on Schedule I attached hereto; B no accessory building or part thereof shall be erected in a front yard; 248 C any accessory building or part thereof erected in a side yard shall comply with tile yard requireinents of Section 5.(b)(iv)A above: D mtv accessory building or part thereof erected in a rear yard shall be located not less than 1.0 metres from all lot lines. 6. BY-LAW 3036 (1) By-law 2912/88, onh' as it affects the subject lands designated "R4-17" on Schedule I attached hereto, is hereby repealed: (2) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 7 day of August ,2001. Wayne Anhurs, Mayor Anne Greentree, Deputy Clerk 249 SCHEDULE I TO BY-LAW 5868/01 PASSED THIS DAY OF August 2001 MAYOR DEPUTY CLERK PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM 25O July 27, 2001 To: Fro HI: Subject: Bruce Taylor City Clerk Lynda Taylor Manager, Current Operations Draft Amending Bv-Laxv for Zoning By-Law Amendment Application A 39/00 Marion Hollinger Part of Lots 88 and 89. Plan 1051 Part 1, Plan 40R-19836 and Part 1, Plan 40R-19905 ( 1878-1886 Brookshire Square) City of Pickering On August 7, 2001, Committee of tile Whole will be considering Zoning By-Law Amendment Application A 39/00 to amend thc zoning of the subject lands from the current "R3" - Residential Detached Dwelling Third Density Zone to .... S2" Residential Detached Dwelling Zone, in order to permit the development of five lots providing a minimum lot frontage of 13.5 metres. The attached draft by-law has been circulated to and approved by the applicant. Should Committee of the Whole recommend approval of the application and should Council adopt that recommendation at their August 7. 200I meeting, Council may consider the attached Zoning By-Law later on that same meeting. A Statutory Public Meeting was held for this application on March 22, 2001. Please note that this by-law may be considered at the August 7, 2001 Council Meeting, provided Council approves the above-noted application earlier that same meeting. The purpose and effect of this by-law is to amend tile zoning of the lands from "R3" to "S2" - Residential Detached Dwelling Zone, in order to permit the development of five lots providing a minimum frontage of 13.5 metres. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. LT/j f/pr Ll~ytor/hollinger doc Attachment 251_ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5869/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 88 and 89, Plm~ 1051 in the City of Pickering. (A 39/00) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of five lots providing minimum tot frontages of 13.5 metres to support detached dwellings, on lands being Part of Lots 88 and 89, Plan 1051, City of Pickering; AND WHEREAS an amendment to By-law 3036 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PiCKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations declared to be part of this Bv-law. and references sho;vn thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 88 and 89, Plan 1051 in the City of Pickering, designated "S2" on Schedule I attached hereto. o GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "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) "Dwellina, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; -2- 2,50 (2) (3) (4) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls ora storey or part ora storey: (b) "Gross Floor Area - Residential" slnall mean the aggregate of tile floor areas of all storevs of a building or structure, or part thereof as thc case may be, other than a private garage, an attic, or a cellar: (a) __ "Lot" shall mean an area of land t¥onting on a street which is used or intended to be used as the site ora building, or group of buildings, as tim case may be, together with any accessor~, buildings or structures, or a public park or open space area, regardless of whettner or not such lot constitutes the whole ora lot or block on a registered plan of subdivision: (b) "Lot Covera?.e" shall mean the percentage of lot area covered bv all buildings on the lot: (c) "Lot Frontaue" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private Garaae" 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 prolSt or otherwise; (a) __ "Yard" shall mean an au-ca of land which is appurtenant to and located on the same lot as a building or structure and is open. uncoxered, and unoccupied above ground except tbr such accessory buildings, structures, or other uses as are specifically penn i trod thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of tile tot and tile nearest wall o£ the nearest mare building or structure oil the lot: (c) "Front Yard Depth" shall mem~ the slnortest horizontal dimension of a front yard of a lot between the front lot linc and the nearest wall of' the nearest main building or structure on the lot; (d) "Rear Yard" shall meazl 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 tile nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean tile shortest horizontal dimension of a rear yard of a lot between the rear lot line of tile 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 mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wail of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean tine shortest horizontal dimension ora side yard of a lot between tile side lot line and the nearest wall of the nearest main building or structure on the lot: (h) "haterior Side Yard" shall mean a side yard other than a flankage side yard. 253 -3- PROVISIONS (1) (a) Uses Permitted ("S2" Zone) No person shall within the lands desigmated "S2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements ("S2" Zone) No person shall within the lands designated "S2" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 400 square metres; (ii) LOT FRONTAGE (minimum): 13.5 metres; (iii) FRONT YARD DEPTH (minimum): 4.5 metres; (iv) SIDE YARD WDTH (minimum): A minimum 1.2 metres each side; or minimum 1.8 metres one side and no minimum other side; B (v) REAR YARD DEPTH (minimum): 7.5 metres; (vi) LOT COVERAGE (maximum): 38 percent; (vii) BUILDING HEIGHT (maximum): 12.0 metres; (viii) DWELLING UNIT REQUIREMENTS: maximum one dwelling (ix) (x) unit per lot and minimum gross floor area residential of 100 square metres; PARKING 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 or abutting on a reserve on the opposite side of whicl~ is a street; SPECIAL REGULATIONS: the horizontal distance between buildings on adjacent lots shall not be less than 1.8 metres. 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specilicallv dealt v,'ith in this By-law shall be governed by relevant provisions of By-lay,' 3030. as arnended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finallx passed this 7 day of August ,2001. X,Vax,q~e Arthurs. Mayor' Anne Greentree. Deputy Clerk 255 FINCH AVENUE- FINCH AVENUE TAPLIN DRIVE GLENANNA ROAD GASLEHURE ROAD REET HEDGEROW JACQUELINE STROUDS VOYAGER \VE. BONITA LANE WfNGARDEN CRES, WELRU5 STREET AVENUE GLENANNA AVENUE RD. COURT ROAD iROOK SHEPPARD AVENUE ROAD City of Pickering Planning & Development Department IDATE JUL 24, 2001 256 \_oI ' ~ hO1 5~ % '~\\ LO.C, SCHEDULE I TO BY-LAW_ PASSED THIS__E DAY OF August 2001 5869/01 MAYOR DEPUTY CLERK 2 ,~, 7 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 30, 2001 To: From: Bruce Taylor City Clerk Tyler Barnett Plarmer 1 Subject: Draft Amending By-law for Zoning By-law Amendment Application A 07/01 M. Ellis Lot 111, Plan 816 (East side of Highbush Trail, south of Sheppard Avenue) City of Pickering On August 7, 2001, Committee of the Whole will be considering Zoning By-law Amendmcnt Application A 7/01 to amend the zoning of thc subject lands from the current "R4" Residential Detached Dwelling Fourth Density Zone to "R4-18" Residential Detached Dwelling Zone, in order to permit the creation of a lot with a 12.5 metre lot frontage and a minimum lot area of 360 square metres and to recognize the existing dwelling on the southerly portion of the subject lands. The attached draft by-law has been circulated to and approved by the applicant. Should Committee of the Whole recommend approval of the application and should Council adopt that recommendation at their August 7, 2001 meeting, Council may consider the attached Zoning By-law later on that same meeting. A Statutory Public Meeting was held for this application on June 20, 2001. Please note that this by-law may be considered at the August 7, 2001 Council Meeting, provided Council approves the above noted application earlier that same meeting. The purpose and effect of this by-law is to amend the zoning of the subject lands from the current "R4" Residential Detached Dwelling Fourth Density Zone to "R4-18" Residential Detached Dwelling Zone, in order to permit the creation of a lot with a 12.5 metre lot frontage and a minimum lot area of 360 square metres and to recognize the existing dwelling on the southerly portion of the subject lands. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. JTB/ Attachment Jtb\ellls\byl awm em.doc THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5BJAL01__ Being a By-law to amend Restricted Area (Zoning) Bv-lax~ 3036, as amended, to implement the Official Plan of the City of Picketing District Plmming Area, Region ofDurham in Lot 11t, Plan 816, in the City of Picketing. (A 07/01) WHEREAS the Council of the Corporation of the City o£ Picketing deems it desirable to permit the developnlent of a detached dwelling; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW TtlEREFORE THE COUNCII. OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: I. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED Tile provisions of this By-law shall apply to those lands in Lot 111. Plan 816, designated "R4-18" on Schedule i attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with tile provisions of this By-laxv. 4. DEFINITIONS In this By-law, (1) (a) "Dwelli~ shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) ~ Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities: (c) "Dwellin~ or Single Dwellin~ shall metal a single dwelling containing one dwelling unit and uses accessory hereto: (d) "Dwellin. n_g,__~Detached or Detached Dwelling~ shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the 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; 259 (3) (4) (5) (a) __ "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontag~ shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private 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; (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 ~vhere 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 hor/zontal 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; (0 "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (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; PROVISIONS (1) (a) Uses Permitted CR4-18'' Zone) No person shall within the lands designated "R4-18" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; - 3- 26!) (b) Zone Requirements ("R4-18" Zone) No person shall within the lands designated "R4-18" on Schedule I attached hereto, use an,,' tot or erect, alter, or use an,,' building except in accordance with the provisions of' Section 10.2 of Bv-law 3036. A B Despite Section 5.(b) above and Section 10.2.3 of By-law 3036 on the lands not cross hatched on Schedule I attached hereto a mininmm south side yard width of 1.4 metres shall be provided. Despite tile provisions of Section 5.(b) above and Section 10.2 of By-law 3036 the tbllowing provisions shall apply to tile lands cross-hatched on Schedule I attached hereto; (i) LOT AREA (minimurn): 360 square metres; (ii) LOT FRONTAGE (minimum): 12.5 metres; (iii) SIDE YARD WIDTH (minimum }: 1.5 metres; (ix,) LOT COVERAGE/nmximum): 38 percent; (v) BUIIDING HEIGHT {maximum): 9 metres; BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to thc area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect £rom the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 7 day of &gust ,2001. Wayne Arthurs, Mayor Arme Greentree, Deputy Clerk R4-18 SCHEDULE T TO BY-LAW_ PASSED THIS. ? DAY OF August 2001 5870/01 MAYOR DEPUTY CLERK PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 27, 2001 To: From: Subject: Anne Greentree Deputy Clerk Ron Taylor Plam~er ll Draft Zoning By-law for Zoning By-law ganendment Application A 11,~01 (Implementing Draft Plan of Subdivision Application SP-2001-01) Danlu Holdings Limited Block 14 and Part of Block 19, Plan 40M-1981 (Lands east of Altona Road, and south and ,,','est of Sparrow Circle) City of Pickering On August 7, 2001, Committee of the Whole will consider Zoning By-law Amendment Application A 11/01 to amend the existing zoning on the property to permit development as proposed in Draft Plan of Subdivision SP-2001-01. There were no reconunended conditions of approval relating to the implementing zoning by-law amendment. The enclosed drat't by-law has been circulated to and approved by the applicant. A Statutory Public Meeting was held for this application on July 12, 2001. Should Committee of the X, Vhole recommend approval of the above-noted application, and should Council adopt that recommendation at their August 7, 2001 meeting, Council may consider the enclosed Zoning By-law later on that same meeting. The purpose and effect of this by-law is to allow the owner to establish three "wide-shallow" lots supporting detached dwelling units and amend performance standards applicable to one townhouse dwelling unit proposed on the subject lands. The resultant lots supporting this development would be created through Draft Plan of Subdivision SP-2001-01. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Director, Planning & Development RST/pr Enclosure Ron Taylor THE CORPORATION OF THE CITY OF PICKERiNG BY-LAW NUMBER 5871 /01 Being a By-law to amend By-law 5107/97, as further amended by By-law 5636/00, which amends Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in Block 14 and Part of Block 19, Plan 40M-1981, in the City ofPickering. (A 11/01; SP-2001-01) WHEREAS the Council of The Corporation of the City of Pickering approved By-laws 5107/97 and 5636/00, amending Restricted Area (Zoning) By-law 3036, as amended, to permit the development of a range of medium density dwelling types on Part of Lot 32 and 33, Concession 1, in the City of Pickering; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to permit, in addition to medium density dwelling types, the development of 3 detached residential units on "wide-shallow" lots and to amend certain performance standards previously established on the lands applicable to one townhouse dwelling unit on the lands, being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering; AND WHEREAS an amendment to By-law 5107/97, as amended by By-law 5636/00 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: o SCHEDULE I (1) Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. (2) Schedule I attached hereto and forming part of this By-law is hereby inserted as Schedule II to By-law 5107/97, as amended by By-law 5636/00, to form part of that By-law. TEXT AMENDMENTS (1) Section 1. o£By-law 5107/97, as amended by By-law 5636/00, is hereby revoked and the following is substituted thereto: "1. SCHEDULE I AND II Schedule I and II attached hereto with notations and references shown thereon is hereby declared to be part of this By-law." (2) Section 4. of By-law 5107/97, as amended by By-law 5636/00, is hereby amended by re-alphabetizing Subsection (1) and by adding thereto the following subsection: "(c) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures;" -2- (3) Section 5.1 of By-law 5107/97. as aunended by Bv-law 5636/00, is hereby revoked and the following is substituted thereto: PROVISIONS ("RM1-5" Zone) (1) Uses Permitted ("RM 1-5" Zone) No person shall within tile lands designated "RM1-5" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following residential uses: (a) detached dwelling residential use (b) multiple dwelling - horizontal "M " (2) Zone Requirements ( R,, 1-5 Zone) No person shall within the lands designated "RM1-5" on Schedule I attached to this By-law use any lot or erect, alter or use any building except in accordance with the Following provisions: (a) LOT AREA (minimum per dwelling unit): A detached dwelling 200 square metres B multiple dwelling horizontal 95 square metres (b) LOT FRONTAGE (minimum per dwelling unitt: A detached dwelling 20 metres B multiple dwelling horizontal 4.8 metres (c) FRONT YARD DEPTH (ininimum per &veiling unit): A B C detached dwelling 2.6 metres multiple dwelling horizontal 4.5 metres despite subsection B above, ora the lands shaded on Schedule ti to this By-law, a multiple dwelling hori×ontaI may provide a minimum front yard depth of 2.6 metres; (c) INTERIOR SIDE YARD WIDTH (minimuna per dwelling unit): A B detached dwelling multiple dwelling horizontal 2.7 metres 1.2 metres except that (i) where dwelling units on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot; (ii) where dwelling units on abutting lots share a common wall and one of those dwelling units has an extension oF that common wall that extends along tile common interior side lot line, no interior side yard shall be required adjacent to the extension of that wall on the lot upon which that dwelling unit is located; (iii) where dwelling units on abutting lots share a common wall and one of those dwelling units has an exterasion of that common wall that does not extend along the common interior side lot line; (a) a minimum 1.2-metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling unit is located if an abutting interior side yard is not provided on the other lot, or (b) a minimum 0.6-metre interior side yard shall be provided adjacent to the extension of that wall on the lot upon which that dwelling unit is located if an abutting interior side yard is provided on the other lot; (e) FLANKAGE SIDE YARD WIDTH (minimum): A B detached dwelling multiple dwelling - horizontal: 2.7 metres (i) 2.7 metres; or (ii) 2.0 metres from a temporary road (f) REAR YARD DEPTH (minimum per dwelling unit): .A B C detached dwelling 1.2 metres multiple dwelling - horizontal 6.0 metres despite subsection B above, on the lands shaded on Schedule II to this By-law, a multiple dwelling horizontal may provide a minimum rear yard depth of 5.0 metres; (g) LOT COVERAGE (maximum per dwelling unit): 50 percent for detached dwellings (h) BUILDING HEIGHT (maximum): A B detached dwelling multiple dwelling horizontal 9.0 metres 12 metres (i) DWELLING UNIT/BUILDING REQUIREMENTS: A detached dwellings: (i) minimum gross floor area-residential of 100 square metres per dwelling unit; and (ii) maximum one dwelling unit per lot; and B multiple dwelling - horizontal: (i) minimum gross floor area-residential of 95 square metres per dwelling unit; (ii) minimum unit width 4.8 metres; (iii) maximum one dwelling unit per lot; (iv) maximum 8 units per Multiple Dwelling - Horizontal; and (v) the horizontal distance between buildings shall not be less than 2.4 metres (j) PARKING REQUIREMENTS: A there shall be provided and maintained on a lot a minimum of one private garage per dwelling unit attached to the main building, any vehicular entrance of which shall be located not less than 6 metres from the front lot line and not less than 6 metres from any side lot line immediately adjoining a street or abutting a reserve on the opposite side of which is a street; -4- 296 B for detached dwellings, no part of any attached private garage shall extend beyond the wall containing the main entrance to the dwelling unit; C for multiple dwellings - horizontal, no pan of any attached private garage shall extend more than 2.(} metrcs beyond the wall containing the mare entrance to the dwelling unit. except (i) where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from tile wall containing the main entrance to the dwelling unit, 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, or (ii) where a covered and unenclosed porch or verand~l extends a mininmm of 2.4 metres from the ,.','all containing the main entrance to tile dwelling unit, no part of any attached private garage shall extend more than 3.6 metres beyond tile wall containing the main entrance to the dwelling unit. (k) SPECIAL REGULATION: A no more than 3 detached dwellings may be located on the lands designated "[L\l I-5" on Schedule [ attached to this By-law." 3. BY-LAW 3036 By-law 3036, as amended, is hereby further mnendcd only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 4. EFFECTIVE DATE This By-law shall take effect fi'om tile day of passing, subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, mid third time and finally passed this 7 day of August ,2001. Wayne Arthurs. Mayor Anne Greentree, Deputy Clerk 26? RMM-2 RMM-2 RMM-2 E RMM-2 126.2m h I~ I1 II I IBLOCR 115 I IBLd)CN 1141 BL C 16 I t I I I I I I ~ I I I I I I I i I I t I I i I I I I f SPARROW CIRCLE 55.0m BLOCK 2O 4OM- 1827 SCHEDULE Tr TO BY-LAW 5107/97 AS AMENDED BY BY-LAW 5656/00 SCHEDULE l' TO BY-LAW PASSED THIS DAY OF ,,~st 2001 5871/01 MAYOR DEPUTY CLERK 265 FINCH PINE AVENUE GROVE TRANQUIL PROPERT~,~ SUMMERPAR,( CRES. CRESCEN= STREET ST.I WATERFORD GATE STARVIEW LAWSON STREET TWYN RIVERS DRIVE City of Pickering AUTUMN CRES. AVENUE ~ iL_,'~ Planning & Development Department !DATE JUL 26, 2001 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM July 31, 2001 To: From: Subject: Anne Greentree Deputy Clerk Ron Taylor Planner II Draft Zoning By-law for Zoning By-law Amendment Application A 16/00 -Phase 1 Claremont Estates Ontario Inc. Part of Lot 20, Concession 8 (Lands south of Kodiak Street and east of Sideline 20) (Hamlet of Claremont) City of Pickering On August 7, 2001, Committee of the Whole will be considering Phase 1 of Zoning By-law Amendment Application A 16/00 to change the zoning of lands south of Kodiak Street in Claremont from "A" - Rural Agricultural Zone to an "OS-HL-EP (ND)" Zone in order to protect natural features, and facilitate existing residential development in conjunction with residential development proposed through Draft Plan of Subdivision SP-2000-02 (Revision 1). There were no recommended conditions of approval relating to the implementing zoning by-law amendment. The enclosed draft by-law has been circulated to and approved by the applicant. A Statutory Public Meeting was held for this application on August 10, 2000. Should Committee of the Whole recommend approval of the above-noted application, and should Council adopt that recommendation at their August 7, 2001 meeting, Council may consider the enclosed Zoning By-law later on that same meeting. The purpose and effect of this by-law is to zone Phase 1 lands south of Kodiak Street, outside of the Oak Ridges Moraine, in an appropriate open space zone category for environmental protection and nitrate dilution for abutting lands. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Director, Planning & Development RST/jf P~/ci~-est/cla-kza a~ op~ I.d~: Enclosure on Taylor THE CORPORATION OF THE CITY OF PICKERLNG BY-LAW NO. 5872/01 27(} Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham in South Part of Lot 2, Concession 5, in the City of Picketing. (SP-2000-02, A 16/00) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to acknowledge certain lands for nitrate dilution purposes serving abutting residential development and to protect and maintain lands as open space on the subject lands, being Part of Lot 20, Concession 8, Hamlet of Claremont: AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF TIlE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCItEDULE 1 Schedule I attached hereto with notations and references shown thereon is hereby declared to be pan of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Pan of Lot 20, Concession 8, in the City of Picketing, designated "OS-HL-EP" and "(ND)" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. PROVISIONS (il (al Uses Pemfitted ("OS-HL-EP" Zone) No person shall within the lmads designated "OS-HL-EP" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) conservation of the natural enviromnent, soil mad wildlife; and (ii) resource management (b) Zone Req_uirements COS-HL-EP" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management. 271. -2- o (2) (a) Uses Permitted ("(ND)" Zone) No person shall within the lands designated and containing the abbreviation "(ND)" within the established zone category outlined on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: 6) those uses permitted within the corresponding zone category together with this designation; and (ii) nitrate dilution (b) Zone Requirements ("(ND)" Zone) No land shall be used except for the purpose of nitrate dilution from sewage effluent originating from private selvage systems serving residential development located within those adjacent lands identified on Schedule ! attached hereto. BY-LAW By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this ,2001. 7 day of August Wayne Arthurs, Mayor C. Anne Greentree, Deputy Clerk o 7.0m OS-HL-EP(ND) 27'" LANE SCHEDULE I TO BY-LAW PASSED THIS 7 DAY OF-- ~ 2001 MAYOR DEPUTY CLERK 273 STREET LANDS PHASE2 ZONING [MENDMEN' CEN]'RAL STREET Gl'ON LANE IOVINGDON --LANDS --CT TO PHASE I OF NDMENT A City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 20, CONCESSION 8 OWNER CLAREMONT ESTATES ONT. INC; PUBLIC WORKS CANADA I DATE JUL 27, 2001 APPLICATION No. SP-2000-02; A 16/00I SCALE 1:7500 DRAWN BY CHECKED BY FOR DEPARTMENT USE ONLY PN-Sl0 PA- 274 THE CORPORATION OF TIlE CITY OF PICKERING BY-LAW NUMBER 587 0_,TLQ~_ Beiu~ ~z Bv-h:~' ;~ ~zulhorizc the c~.x'ecun'o~ ~)/'~z /)'~z~si; 3~'.$'~cm Mer2er WHEREAS Ajax and Picketing have agreed to a Memorandum of Understanding March 6, 2000 that will facilitate tiao creation of thc Ajax Picketing Transit Authority: AND WHEREAS Ajax and Pickcring wish to enter into a Transit System Merger Agreement August 8, 2001 to remain in eft'cot until such time as notice of tenmnation is provided by either party in accordance with the terms and conditions of this Agrcemcnt: NOW THEREFORE, the Coq~or~tion oC the City of' Picketing ItEREBY ENACTS AS FOLLOWS: Thc Mayor and Clerk are hereby authorized to execute thc Merger Agreement between the Corporation o f the Town of Aj ax and ttae ('oq~oration of tiao City o f' Pi ckcrin~. By-law r'cad a first, second and third time and finallx passed this 7th day of August, 2001. Mayor Clerk 275 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5874/01 Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. WHEREAS the Council of the Corporation of the City of Picketing enacted By-law Number 3665/91 on February 18, 1991 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings; and WHEREAS Council passed Resolution #69/01 at its regular meeting of May 7, 2001 to establish a standing committee system; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKER1NG HEREBY ENACTS AS FOLLOWS; Sections 5, 6 and 7 of By-law Number 3665/91 are hereby deleted and the following is substituted therefore: 5. There shall be four Standing Committees to be organized as follows: (a) Committee of the Whole (i) The Committee of the Whole shall be comprised of all Members of Council. (ii) The Committee shall meet on the second Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. (iv) The Committee of the Whole has the power to enquire into and report to Council on any matter that is not within the jurisdiction of the Planning Committee, Finance Committee and Operations Committee and any other matter referred to it by Council. (b) Planning Committee The Planning Committee shall be comprised of all Members of Council. (ii) The Committee shall meet on the second Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be rotated each meeting amongst the Members of Council, excluding the Mayor, in alphabetical order. : (iv) The Planning Committee has the power to enquire into and report to Council on any matter over which Council has any power under the Planning Act, any matter that is within the jurisdiction of the Department, Planning and Development and any other matter referred to it by Council. (c) Finance Committee (i) The Finance Committee shall be comprised of three Councillors and the Mayor as ex-officio. (ii) The Committee shall meet on the fourth Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be a member of the Committee other than the Mayor and shall be rotated each year and be appointed at the first meeting of the Committee in each calendar year, except for the first year following a regular municipal election when the Chair shall be appointed at its first meeting following tile municipal election. (iv) The Finance Committee has the power to enquire into and report to Council on any matter that is within the jurisdiction of the Department, Corporate Services and anv other matter referred to it by Council (d) ~A0erations Committee (i) The Operations (7ommittee shall be comprised of three Councillors and the Mayor as ex-officio, (ii) The Committee shall meet on the fourth Monday of each month at a time and location to be determined by the members of the Committee. (iii) The Chair of the Committee shall be a member of the Committee other than the Mayor and shall be rotated each year and be appointed at the first meeting of the Committee in each calendar ',,ear, except for the first vear tbllowing a regular municipal election when the Chair shall be appointed at its first meeting following the municipal election. (iv) The Operations Committee has the power to enquire into and report to Council ora any matter that is within the jurisdiction of tile Department. Operations and Emergency Services and any other matter referred to it by Council. Notwithstanding Section 5 of this By-law, (a) Council may consider any matter without referring it to a Committee or may refer it to two or more Committees or refer it to the Committee of the Vv'hole and may withdraw a matter from a Committee at any time. (b) Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. 277 The rules of procedure set out in this By-law shall be observed in meetings of the Standing Committees insofar as they are applicable, provided that, (a) a motion shall not be required to be seconded; (b) the number of times a Member may speak on any question shall not be limited; (c) a recorded vote shall not be taken on a question before a Committee; (d) the rules in respect to the introduction of new business in Council and the hearing of delegations shall apply to Committees unless otherwise decided by the Committee; (e) the quorum of a Committee shall consist of a majority of the total Members excluding the Mayor, however, the Mayor can be counted to form a quorum. (0 the agendas, minutes and any written notices pertaining to any Committee shall be sent to all Members of Council. (g) a report, setting out the recommendations of the Committee, shall be forwarded to the first regular Council Meeting following the meeting of the Committee. (h) Special Meetings of the Standing Committees, (i) May be called by the Chair of the Committee on condition that the Committee does not meet while Council is meeting. (ii) May be called by the Chair of the Committee when requested to do so by a majority of Members of the Committee. (iii) Written notice of a Special Meeting of a Committee must be given to all Members at least twenty-four hours before the time appointed for such meeting. (iv) The written notice to be given under clause (iii) shall indicate the nature of the business to be considered at the Special Meeting and the date, time and place of the Meeting. (v) No business other than that indicated in the written notice shall be considered at the Special Meeting except with the unanimous consent of all Members of the Committee present and voting at such meeting. By-law read a first, second and third time and finally passed this 7th day of August, 2001. Mayor Deputy Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5875 }9_1 Being a by-law to appoint By-law Entbrcement Officers for certain purposes (Parking Regulation 726 Kingston Road) WItEREAS pursuant to section 15(I) of the Police Se~:ices Act.. R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of tile municipality and WHEREAS pursuant to section 15(2) of the said Act. municipal by-law entbrcement officers are peace officers for the purpose of enl:brcing municipal by-laws: NOW THEREFORE THE COUNCIIJ OF THE CORPORATION OF THE CITY OF PICKERING tlEREBY ENACTS AS F()I.I~OWS: That Jainarine Kassiedass and Daniel Moran be herebv appointed as municipal law entbrcement officers h~ and tbr tile City of Picketing in order to ascertah~ whether the provisions of By-law 2359/87 are obeyed and to enli0rce or can3.' into effect the said By- law and is hereby author~ed to enter at all reasonable times upon lands municipally known as 726 Kingston Road. The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at an,,' time. to exceed the authority set out in section 1. This appointment shall expire upon the person listed in section 1 ceasing to be employees of Citiguard Security Services Inc. or upon Citiguard Security Services Inc. ceasing to be an agent of 726 Kingston Road. or upon whichever shall occur first. BY-LAW read a first, second and ttfird time and finally passed this 7th dav of August, 2001. Wa,vne Arthurs. Mayor Anne Greentree. Deputy-Clerk 279 NOTICE OF MOTION DATE: MOVED BY: SECONDED BY: AUGUST 7, 2001 COUNCILLOR BRENNER COUNCILLOR HOLLAND WHEREAS lands in the City of Picketing known as the former Brock North Landfill Site are being considered for a leaf and yard waste composting facility; and WHEREAS any consideration by the City of Toronto and the Ministry of the Environment to permit such use in Picketing flies in the face of the spirit of the understanding between Picketing and the City of Toronto pertaining to the closure and transfer of garbage from this former Site to the former Brock West Landfill Site; and WHEREAS the City of Picketing had asked that the Certificate of Approval for this Site be surrendered following its closure; and WHEREAS the City of Picketing and its residents remain on record that it is opposed to the use and/or creation of any waste infrastructure within its boundaries to service persons other than the residents of Picketing and/or Durham Region; and WHEREAS the City of Picketing requires that community and stakeholder participation be a part of any consideration on such land use decisions; and WHEREAS no such participation has been initiated by the City of Toronto or the Ministry of the Environment; NOW THEREFORE the Council of the Corporation of the City of Picketing reaffirms to the Ministry of the Environment and to the City of Toronto that it is opposed to any consideration to reopen the former Brock North Landfill Site for the proposed composting facility; and THAT copies of this resolution be forwarded to Durham Region, City of Toronto and the Minister of the Environment. Bta:Nom Brock North CARRIED: MAYOR NOTICE OF MOTION DATE: AUGUST 7, 2001 MOVEDBY: COUNCILLOR BRENNER SECONDED BY: COUNCILLORRYAN WHEREAS the Province of Ontario has established an Advisory Committee to seek out land use options for the protection o~'the Oak Ridges Moraine: and WHEREAS such options being considered includes the possible transfer of Provincially- owned lands administered by the Ontario Realty Corporation: and WHEREAS the Province of Ontario, through the Ontario Realty Corporation. may be considering lands east of Duffins Creek, north of Taunton Road: and WHEREAS according to recent environmental reports, portions of these lands should be considered as environmentally and historically significant: NOW THEREFORE the Council of the Corporation of the City of Pickering hereby advises the Province of Ontario, through the Minister of Municipal Affairs and Housing, the Ontario Realty Corporation and members of the Oak Ridges Advisory Committee, that it is opposed to these lands being considered for any land transfer Bta:NoM ()ak Ridges Moraine CARRIED: MAYOR NOTICE OF MOTION DATE: AUGUST 7, 2001 MOVED BY: COUNCILLOR PICKLES SECONDED BY: COUNCILLOR JOHNSON WHEREAS Valley Farm Public School was designed to accommodate 423 students; and WHEREAS Valley Farm Public School presently has an enrollment of 744 students, 59% over capacity, and that Grade 3 - 6 classes are accommodated in 11 portables;and WHEREAS Valley Farm Public School enrolment has been relatively stable since 1993 and is expected to remain at this level; and WHEREAS the Valley Farm Public School Community Council has identified a number of concerns with respect to the on-going reliance on portables at the school, including students' and teachers' safety and security, crowded conditions, curriculum restrictions, restrictions on computer and other learning aids, lack of storage space, lost time to travel to main building, classroom cleaning difficulties, lack of water and washrooms facilities, increased allergic reactions, poor heating and ventilation, increased noise, rodents, safety and security; and WHEREAS the Valley Farm Public School Community Council has formally requested that the Durham District School Board approve an 11 classroom addition to Valley Farm Public School; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby indicates that it supports the needs of the students and teachers at Valley Farm Public School for adequate classrooms to promote the best environment for safety, security, and learning; and FURTHER THAT Council supports the request of the Valley Farm Public School Community Council to the Durham District School Board for approval at its upcoming meetings on capital construction of an 11 classroom addition to the Valley Farm Public School to be constructed at the earliest possible opportunity; and FURTHER THAT this motion be copied to the Director of Education of the Durham District School Board, all Durham Public School Board Trustees and the Durham District School Board Planning Department. BIa:NoM Valley Farm School CARRIED: MAYOR itq NOTICE OF MOTION DATE: MOVED BY: AUGUST 7.2001 COUNCILLOR HOLLAND COUNCILLOR MCLEAN ._ SECONDED BY: WHEREAS pesticides are -known to cause serious, adverse human and environmental health impacts; and WHEREAS a broad range of alternatives exist to the utilization of pesticides which are organic and do not have negative impacts upon surrounding ecology or residents; and WHEREAS the Corporation of the City of Pickering has committed to the regeneration of Frenchmaws Bay and its associated watershed and pesticides are a regular source of containments into the Bay; and WHEREAS many GTA municipalities have successfully banned the use of pesticides within their jurisdictions; NOW THEREFORE the City Clerk be directed to report back to Council for the first meeting of January 2002, with an implementing bv-lav,' for Council to consider that would ban all pesticide use by January 1, 2004 and all municipally-used pesticides by January 1, 2003~ and THAT the City Clerk further include examples of by-laws other GTA municipalities have adopted with respect to pesticide use and report back on the success of those mmat~ves as part ofl(he aforementioned January 2002 reportkamk THAT the Dim~_.o_(..0peranons report back to Council on alternatives to pesticide use for the City and cost estimates prior to consideration of the implementing by-law in January; and THAT the Director of Operations further include in his report options available to residents if a ban is in place; and THAT the time prior to the implementing by-law coming before Council be used for community feedback on the possibility to banning pesticide use; and THAT the Region of Durham be requested to consider banning the use of pesticides on public property it maintains across Durham and prepare for a potential ban of pesticides it uses in Picketing by January 1, 2003. Bta:NoM Pesticides CARRIED: MAYOR