HomeMy WebLinkAboutJune 18, 2001PICKERING
AGENDA
COUNCIL MEETING
Thomas J. Quinn
Chief Administrative Officer
JUNE 18, 2001
ADDITIONAL DELEGATIONS TO THE
COUNCIL MEETING OF JUNE 18, 2001
The following delegations will address Council concerning the Cherry Downs
CoVenture Limited:
a) To.9.mmy Thompson. 3181 Byron Street, Whitevale
h:) ~Peter Smith, representing Cherry Downs CoVenture Limited
Jim Lewis, representin~ business in the hamlet of Brougham, will address Council
with respect to the closing of Highway #7 east or' Brock Road from June 21st to
August 31st.
AGENDA
COUNCIL MEETING
MONDAY, JUNE 18, 2001
7:30 P.M.
(1)
ADOPTION OF MINUTES
Regular Meeting of June 4, 2001
Special Meeting of June I I, 2001
(II)
DELEGATIONS
The following persons will address Council with respect to the Cherry Downs
Coventure Limited matter:
a) Bill~ilder
b) -',~ngie Jones
The following persons will address Council with respect to the Notice of
Motion regarding..t.he grade separation at the CPR rail line on Brock Road:
a) Ron Halliday
b) Kurrie Storey
RESOLt TIONS
To adopt the Report of the Committee of the Whole dated June 11, 2001.
PAGE
1-4
(IV) BY-LAWS
By-law Number 5828/01
Being a by-law respecting the licensing, regulating and governing of adult videotape stores,
· and for regulating videotape stores in which adult videotapes are provided.
5-18
By-law Number 5850/01
Being a By-law to amend Restricted Area (Zoning) Bv-law 3036, as amended, to
implement the Official Plan of the City of Picketing District Planning Area, Region of
Durham in Lot ~'
,~, Plan 492 in the City ofPickering. (A 36/00)
By-law Number 5851/01
Being a by-law to dedicate that portion of the Road Allowance between Lots 34 and 35,
Concession 3, Picketing, being described as the "Exception in Paragraph 18 of By-law
800", as public highway
By-law Number 5852/01
Being a by-law to stop-up and close as public highway that portion of the Road Allowance
between Lots 34 and 35, Concession 3. Picketing, being described as the "Exception in
Paragraph 18 of By-law 800" and to authorize the sale of the lands to the adjacent owner
for nominal consideration.
By-law Number 5853/01
Being a by-law to stop up and close as public highway that part of Lot 20, Concession 8,
Picketing, designated as Part 1, Plan 40R-XXXX, and to authorize the sale thereof to the
adjacent owner.
By-law Number 5854/01
Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking
Regulation 1822 Whites Road, Amberlea Plaza. 1865-1867 Kingston Road, 1305/1315
Pickering Parkway, 963-979 Brock Road and 1735 Bavlv Street)
19-26
27
28
29
3O
lv)
NOTICES OF MOTION
Moved by Councillor Johnson
Seconded by Councillor Brenner
WHEREAS the Council of the Regional Municipality' of Dmham identified a
series of improvements to Brock Road which included the grade separation at
the CPR rail line south of Taunton Road: and
WHEREAS all preparatory, work and the Environmental Assessment required
for this project has been completed; and
WHEREAS the Council of' the City of' Picketing has also ider tiffed this project
as a high priority for the Region and has communicated this to the Council of
the Regional Municipality of Durham: and
WHEREAS the need for this grade separation has become more apparent since
two persons were killed at the CPR level crossing on May 7, 2001 in a
collision with atrain; and
31
WHEREAS Highway 407 is being extended to Brock Road in Picketing and is
expected to open in August, 2001 thus increasing the amount of traffic along
Brock Road:
WHEREAS the Council of the Regional Municipality of Durham has planned
the rail division stage in 2003 and the remainder of work in 2005 in its current
Five Year Capital Forecast:
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby requests the Council of the Regional Municipality of Durham and the
railway authority to accelerate the construction schedule of this much needed
grade separation: and
THAT funding opportunities from the senior levels of government, including
the SuperBuild Corporation be fultv examined: and
THAT this resolution be circulated to all senior levels of government, the
railway authority and the SuperBuild Corporation
Moved by Councillor Brenner
Seconded by Councillor Holland
WHEREAS May is the anniversary month when Mike Harris, then Leader of
the Progressive Conservative Partv of Ontario, committed his Party, on May
11, 1995, to enact an Ot~larianx with ])ixa/~i/itie,~' ,4 cl in the first term of office
within the economic goal posts of the Common Sense Revolution; and
WHEREAS November 2001 is the target month that the Ontario Legislature
unanimously resolved, on November 23. 1999, to pass an Omarians with
Disabilities Act; and
WHEREAS on April 19, 2001, in her Speech from the Throne, the Lieutenant
Governor of Ontario committed the Government to "seek common ground and
shared solutions to address the needs of persons with disabilities, and take
action, including the introduction of legislation, [to] build on its commitment";
and
WHEREAS this was followed by the release of Step 20: Equal Opportunities
for All Citizens of the Government's 21-Step Action Plan to ensure fair
treatment and equal access to opportunity' for citizens with disabilities and
others whose rights it protects by introducing amendments to the Human
Rights Code; and
WHEREAS for many' in the disabled community, the decision of the
Government to address their needs through the Human Rights Code falls far
short of their expectations and breaches past commitments and resolutions; and
WHEREAS by Resolution #81/00 passed by the Council of the Corporation of
the City of Picketing on May 15, 2000, the Government of Ontario was urged
to introduce new' legislation before the next Provincial election to enable
persons with disabilities to participate fully and equally in att aspects of Ontario
life by creating a barrier-free society through the elimination of all existing
barriers and the prevention of new ones; and
32
NOW THEREFORE the Government of Ontario is urged again to pass strong
and effective new legislation to be called the ()mar~a~tx with Disabilities Act,
on or before November 23, 2001, that embodies the principles in the Ontario
Legislature's October 29, 1998 unanimous resolutiom and
THAT copies be forwarded to the Premier of Ontario, the Minister of
Citizenship, the Leader of the Opposition, the Liberal and New Democrat
Critics on Disabilities Issues, the Chief Commissioner of the Ontario Human
Rights Commission and Durham Region's M.P.P's
(VI)
OTHER BUSINESS
(Vll} CONFIRMATION BY-LAW
(VIII) ADJOURNMENT
AGENDA
COUNCIL MEETING
MONDAY, JUNE 18, 2001
7:30 P.M.
(I)
ADOPTION OF MINUTES
Regular Meeting of June 4, 2001
Special Meeting of June I 1, 2001
1.
DELEGATIONS
The following persons will address Council with respect to the Cherry Downs
Coventure Limited matter:
a) Bill Wilder
b) Angie Jones
The following persons will address Council with respect to the Notice of
Motion regarding the grade separation at the CPR rail line on Brock Road:
a) Ron Halliday
b) Kurrie Storey
(II!) RESOLUTIONS
To adopt the Report of the Committee of the Whole dated June 11, 2001.
PAGE
1-4
(IV) BY-LAWS
By-law Number 5828/01
Being a by-law respecting the licensing, regulating and governing of adult videotape stores,
and for regulating videotape stores in which adult videotapes are provided.
$-18
By-law Number 5850/01
19-26
Being a By-law to amend 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 Lot 23, Plan 492 in the City of Picketing (A 36/00)
By-law Number 5851/01
27
Being a by-law to dedicate that portion of the Road Allowance between Lots 34 and 35,
Concession 3, Picketing, being described as the ~'Exception in Paragraph 18 of By-law
800", as public highway.
By-law Number 5852/01
28
Being a by-law to stop-up and close as public highway that portion of the Road Allowance
between Lots 34 and 35, Concession 3. Picketing, being described as the '~Exception in
Paragraph 18 of By-law 800" and to authorize the sale of the lands to the adjacent owner
for nominal consideration.
By-law Number 5853/01
29
Being a by-law to stop up and close as public highway that part of Lot 20, Concession 8,
Pickering, designated as Part 1. Plan 40R-XXXX, and to authorize the sale thereof to the
adjacent owner.
By-law Number 5854/01
3O
Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking
Regulation 1822 Whites Road, Amberlea Plaza, 1865-1867 Kingston Road, 1305/1315
Pickering Parkway, 963-979 Brock Road and 1735 Bayly Street)
NOTICES OF MOTION
Moved by Councillor Johnson
Seconded by Councillor Brenner
31
WHEREAS the Council of the Regional Municipality of Durham identified a
series of improvements to Brock Road which included the grade separation at
the CPR rail line south of Taunton Road: and
WHEREAS all preparato~ work and the Environmental Assessment required
for this project has been completed: and
WHEREAS the Council of the Citv of Picketing has also identified this project
as a high priority for the Region and has communicated this to the Council of
the Regional Municipality of Durham: and
WHEREAS the need for this grade separation has become more apparent since
two persons were killed at the CPR level crossing on May 7, 2001 in a
collision with a traim and
WHEREAS Highway 407 is being extended to Brock Road in Pickering and is
expected to open in August, 2001 thus increasing the amount of traffic along
Brock Road:
WHEREAS the Council of the Regional Municipality' of Durham has planned
the rail division stage in 2003 and the remainder oF work in 2005 in its current
Five Year Capital Forecast:
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby requests the Council of the Regional Municipality of Durham and the
railway authority to accelerate the construction schedule of this much needed
grade separation: and
THAT funding opportunities from the senior levels o£ government, including
the SuperBuild Corporation be fully examined: and
THAT this resolution be circulated to all senior levels o£ government, the
railway authority and the SuperBuild Corporation.
Moved by Councillor Brenner
Seconded bv Councillor Holland
WHEREAS May is the anniversary month when Mike Harris, then Leader of
the Progressive Conservative Party of Ontario, committed his Party, on May
11, 1995, to enact an Onlar~ans ~4'i[h ./)isabiline.¥ Act in the first term of office
within the economic goal posts of the Common Sense Revolutiom and
WHEREAS November 2001 is the target month that the Ontario Legislature
unanimously resolved, on November 23. 1999. to pass an Onlarians with
Disabilities Act~ and
WHEREAS on April 1% 2001, in her Speech from the Throne. the Lieutenant
Governor of Ontario committed the Government to "seek common ground and
shared solutions to address the needs of persons with disabilities, and take
action, including the introduction of legislation, [to] build on its commitment";
and
WHEREAS this was followed bv the release of Step 20: Equal Opportunities
for All Citizens of the Government's 21-Step ,Action Plan to ensure fair
treatment and equal access to opportunity' for citizens with disabilities and
others whose rights it protects by introducing amendments to the Human
Rights Code; and
WHEREAS for many in the disabled community, the decision of the
Government to address their needs through the Human Rights Code falls far
short of their expectations and breaches past commitments and resolutions; and
WHEREAS by Resolution #81/00 passed bv the Council of the Corporation of
the City of Picketing on May 15, 2000, the Government of Ontario was urged
to introduce new legislation before the next Provincial election to enable
persons with disabilities to participate fully and equally in all aspects of Ontario
life by creating a barrier-free society through the elimination of all existing
barriers and the prevention of new ones; and
32
NOW THEREFORE the Government of Ontario is urged again to pass strong
and effective new legislation to be called the Onlarian.; wi[h .[)isabi/i[le.s' .4c[,
on or before November 23. 2001. that embodies the principles in the Ontario
Legislature's October 20. 1998 unanimous resolution: and
THAT copies be forwarded to the Premier of Ontario, the Minister of
Citizenship, the Leader of the Opposition. the Liberal and New Democrat
Critics on Disabilities Issues. the Chief Commissioner of the Ontario Human
Rights Commission and Durham Region's M.P.P 's.
(VI)
OTHER BUSINESS
(VII) CONFIRMATION BSa-LAB'
(VIII) ADJOURNMENT
1
RESOLUTION OF COI,NCIL
DATE:
MOVED BY:
SECONDED BY:
That the Report of the Committee of the Whole dated June 11. 2001 be adopted.
CARRIED:
MAYOR
APPENDIX #1
CITY OF PICKERING
That the Committee of the Whole of the City of Picketing having met on June 11, 2001,
presents its tenth report to Council and recommends:
CORPORATE SERVICES AND TREASURER'S REPORT CS 15-01
DEVELOPMENT CHARGES
That Report CS 15-01 of the Director, Corporate Services & Treasurer regarding
Development Charges be received and that:
Effective July 1, 2001, as provided for in Section 16 of By-law 5546/99,
the Development Charges referred to in Sections 6 and 11 of that By-law
be increased by 8.68 per cent being the annual increase in the Construction
Price Statistics as reported by Statistics Canada for the year ended March
31, 2001; and
The appropriate officials of the City of Picketing be given authority to
give effect thereto.
PLANNING & DEVELOPMENT REPORT PD 21-01
ZONING BY-LAW AMENDMENT APPLICATION A 36/00
F. AND A. SCANGA HOLDINGS LiMITED
LOT 23, PLAN 492
(WEST SIDE OF LIVERPOOL ROAD, NORTH OF KINGSTON ROAD)
That Zoning By-law Amendment Application A 36/00, submitted by Mr.
Frank Scanga of F. and A. Scanga Holdings Limited, on lands being Lot
23, Plan 492, City of Picketing, to amend the zoning on the subject lands
to permit the establishment of a maximum one-storey, 130 square metre
converted dwelling capable of supporting a personal service shop,
professional and business office, and limited retail uses, be APPROVED
subject to the conditions outlined in Appendix I to Planning Report No.
21-01; and
That the amending zoning by-law to implement Zoning B-law
Amendment Application A 36/00, as set out in draft Appendix II to Report
Number PD 21-01, be forwarded to City Council for enactment.
PLANNING & DEVELOPMENT REPORT PD 22-01
CHERRY DOWNS COVENTURE LIMITED
DURHAM REGION OPA .aPPLICATION OPA 2000-05/D
PICKERING OFFICIAL PLAN AMENDMENT APPLICATION OPA 00-002/P
DRAFT PLAN OF SUBDIVISION APPLICATION S-P-2000-03
ZONING BY-LAW AMENDMENT APPLICATIONS a 26/00 AND a 29/00
MINISTER'S ZONING ORDER AMENDMENT APPL. 18-ZO-02900-01
PART OF LOTS 12 TO 16, CONCESSION 7
(LANDS SOUTH OF EIGHTH CONCESSION ROAD, NORTH OF
DURHAM REGIONAL ROAD NO. 31 AND WEST OF SDELINE 12)
That Pickering Council recommend to the Region of Durham that
Regional Official Plan Amendment Application OPA 2000-05/D,
submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith
Inc., on behalf of CherD,' Downs CoVenture Ltd., on lands being Part of
Lots 12 to 10, Concession 7, City of Picketing. to:
(i)
(ii)
(iii)
change the designation of portions of the subject lands from -Major
Open Space" and "Permanent ,Agricultural Reserve" to "Country
Residential Subdivision"~
permit the development of a maximum of 125 dwelling units on the
subject lands: and,
permit Regional Council to consider the approval of country
residential subdivisions serviced by privately owned and operated
communal systems for water supply and or sanitary sewage on a
case by case basis:
be REFUSED.
That Picketing Oi2kial Plan Amendment .Application OPA 00-002/P
submitted by Mr. Peter Smith of Bousfield. Dale-Harris, Cutler & Smith
Inc., on behalf of Cherry. Downs CoVenture Ltd.. on lands being Part of
Lots 12 to 16, Concession 7, City of Picketing, to:
(i) change the designation of portions of the subject lands from "Open
Space Svstem Active Recreational Area" and -Agricultural Area"
to "Count~ Residential"~
(ii) permit the development of a maximum of 125 dwelling units on the
subject lands;
(iii) permit the country, residential development to be serviced by
privately owned and operated communal systems for water supply
and / or sanitary sewage~ and,
(iv) allow a maximum of nine lots proposed on the subject lands to be
serv'iced bv individual water and septic svstems:
be REFUSED.
That Pickering Council recommend to the Region of Durham that Draft
Plan of Subdivision Application S-P-2000-03. submitted by Mr. Peter
Smith of Bousfield. Dale-Harris. Cutler & Smith Inc.. on behalf of Cherry
Downs CoVenture Ltd., on lands being Part of Lots 12 to 16, Concession
7, City of Picketing. to:
(i)
develop 9 lots supporting estate residential homes serviced by
indMdual water and septic systems on a publicly-maintained cul-de-
sac located on the north side of Durham Regional Road No. 31, east
of Sideline 14 and west of Sideline 12:
(ii) develop 16 detached dwellings located on the east and west side of a
realigned Sideline 14 and serviced by a privately owned and
operated communal water supply and sanitary sewage system:
(iii) develop 100 condominium units (both semi-detached and attached
units) in two residential clusters located within one development
block west of Sideline 14 and serviced by a privately owned and
operated communal water supply and sanitary sewage system: and,
(iv) permit the establishment of a communal servicing/maintenance
block, approximately 6.7 hectares in size, on the west side of
Sideline 12;
be REFUSED.
That Zoning By-law Amendment Application A 26/00, submitted by Mr.
Peter Smith of Bousfield, Dale-Harris, Cutler & Smith lnc., on behalf of
Cherry Downs CoVenture Ltd., on lands being Part of Lots 12 to 16,
Concession 7, City of Pickering, to permit the development of 125
residential dwelling units (consisting of a mix of detached, semi-detached
and attached units) within two separate development areas on the subject
lands be REFUSED.
That Zoning By-law Amendment Application A 29/00, submitted by Mr.
Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of
Cherry Downs CoVenture Ltd., on lands being Part of Lots 12 to 16,
Concession 7, City of Pickering, to permit the establishment of a
communal servicing and maintenance facility block located on the west
side of Sideline 12 serving a majority of the proposed residential
development and a future clubhouse facility located generally north of the
Sideline 14 terminus be REFUSED.
That Pickering Council recommend to the Ministry of Municipal Affairs
and Housing that Minister's Zoning Order Amendment Application 18-
ZO-02900-01, submitted by Mr. Peter Smith of Bousfield, Dale-Harris,
Cutler & Smith Inc., on behalf of Cherry Downs CoVenture Ltd., on lands
being Part of Lots 12 to 16, Concession 7, City of Pickering, to permit the
development of 125 residential dwelling units (consisting of a mix of
detached, semi-detached and attached units) within two separate
development areas on the subject lands, and serviced mainly by privately
owned and operated communal water supply and sanitary sewage systems
be REFUSED.
That Staff be authorized to present Council's recommendations as set out
in Items #1 to #6 above, to the Ontario Municipal Board (OMB), as
Council's position on the Cherry Downs CoVenture Ltd. applications, at
the scheduled OMB Prehearing and Hearing.
THE CORPORATION OF THE CITY OF PICKERING
BY-LAX, V NUMBER 5828/01
Being a bv-laxv respecting the licensing,
regulating and governing of` adult
videotape stores, and Ibc regulating
videotape stores in which adult videotapes
are provided.
WItEREAS Part XVII.I of' the Municipal Act, P,.S.O. t991), c. M.45, as amended (the
"Act"), provides for the licensing, regulating and governing of-businesses by local
municipalities; and
WHEREAS section 225 of the Act also specifically authorizes councils of all
municipalities to pass by-laws for licensing, regulating, governing, classifying and
inspecting adult entertainment parlours or any class or classes thereof and for revoking or
suspending any such licence: and
WHEREAS "adult entertainment parlour" is defined in subsection 225(9) of the Act to
mcan any premises or part thereof in which is provided in pursuance of a trade, calling,
business or occupation, goods or services appealing to or designed to appeal to erotic or
sexual appetites or inclinations; and
WHEREAS "goods" are detined in subsection 225(~;) of the Act to include books,
magazines, pictures, slides, films, phonograph records, pre-recorded magnetic take and
other reading, ,:iewing or listening matter; and
WItEREAS the Council of the Corporatiou of' the City of Picketing (the "Council" of the
"City") has deemed it desirable lo enact a Bv-laxv for thc licensing, regulating and
governing of adult videotape stores as a class of` adult el~tertainment parlour pursuant to
the provisions of the Act referred to above; and
WHEREAS subsection 225(3) of the Act provides that, despite subsection 257.2(4) of the
Act, a by-law passed under section 225 of the Act may define the area or areas of the
lnunicipality in which adult entertainment parlours or any class or classes thereof may or
may not operate and may limit the number of the licences to bc granted in respect of adutt
entertainment parlours or any class or classes thereof' in any such area or areas in which
they are permitted; and
WHEREAS the Council deems it desirable to enact at by-law definilig areas of the City in
which, subject to all other applicable lax~. adult videotape stores may operate, and areas
in which adult videotape stores may not operate, and limiting the number of licences to
be granted in respect of adult videotape stores in the City;
NOW THEREFORE the Council of the Corporation of` the City of Picketing ENACTS as
follows:
DEFINITIONS
1. ]n this By-law:
(a) (i)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
"adult videotape" means any videotape the content of which is
designed or held out as designed, to appeal to erotic or sexual
appetites or inclinations, through the pictorial, photographic or
other graphic depiction of subject-matter distinguished or
characterized by the portrayal of one or more persons involved or
engaging in specified sexual activities, or by an emphasis on the
display of human specified body areas;
(ii)
in the absence of evidence to the contrary, a videotape classified by
the Ontario Film Review Board as "restricted", with the added
description "adult sex film", shall be deemed to be an adult
videotape;
"adult videotape area" means an identifiable part of any premises, which
part is used for the provision of adult video tapes;
"adult videotape store" means any premises:
(i)
subject to section 3, used for the carrying on of the business of the
provision of exclusively adult videotapes; or
(ii)
in which adult videotapes are provided in the pursuance of a
business and to which premises entry by persons under the age of
18 years is prohibited, or in respect of which premises it is
advertised or notice is given that such entry is prohibited; or
(iii)
in which adult videotapes are provided in the pursuance of a
business and in respect of which it is advertised, or notice is given
either by signs or other advertising devices on or in the premises,
or otherwise, that the premises are an "adult video store", an "adult
videotape store", an "adult video rental store", or which are
otherwise described by words of like meaning;
"committee" means a committee of the Council appointed by by-law to
conduct one or more, hearings under the provisions of this By-law;
"Council" means the Council of the Corporation of the City of Pickering;
"Manager'~ means the Manager of the By-law Enforcement Services
Division or, in his or her absence, any person authorized to fulfill the
responsibilities of the Manager;
"Licensing Section" means the Licensing Section of the By-law
Enforcement Services Division of the City;
"operator" includes a proprietor, or any other person who alone or with
others, manages, supervises, runs or controls a videotape store;
"oxvner" means a person who alone or with others has a right to possess or
occupy a videotape store or actually does possess or occupy a videotape
store, and includes a lessee of a videotape store or of premises upon which
a videotape store is located;
(j) "premises" includes a building or any part thereof, and any place;
(k)
(~)
(m)
(n)
(o)
(p)
"to provide" when used m relation to any videotape, means to sell, offer to
sell or display for sale by retail, or to rent. offer to rent or display for
rental, whether or not the cost. fcc or other consideration passes at the time
of such rental or sale. or is etTected through the cost of' membership,
subscription, admission or any other manner:
"City" means the Corporation of the City of Picketing:
"specified body areas" means any one or more of the following:
(i) in the case ora female person, her areolae: and
(ii) in tile case of all persons, the genitals and tile anus;
"specified sexual activities" means one or more of tile following:
actual or simulated sexual intercourse, masturbation, urination,
defecation, qiaculation, sodomy, including bestiality, anal
intercourse, and oral sexual intercourse, direct physical stimulation
of unclothed genital organs, and flagellation or torture in the
context of at sexual relationship or activity:
"videotape" means cinematographic film, videotape and any other medium
from which may be produced visual images that may be viewed as moving
pictures:
"videotape store" means any premises or- part thereof ii1 which videotapes
are provided in thc pursuance of a business, and includes an adult
videotape store.
LICENCE REQUIREMENT
There shall be taken out by every owner and every operator of an adult videotape
store a licence from tile Coullci] authorizing him or her to carry on such business
in the City, for which licence the person obtaining same shall pay to the Council,
at or before the time of taking out such licencc, the tee fixed by this By-law, and
no person shall, within the limits o£ the City, carry on or engage in such business
until he or she has procured such licencc so ~o do.
Thc regulations contained :n this By-law relating to the display of adult
videotapes and to the prohibition of admission to all or part of premises by
persons under the age of 18 years, shall apply to all videotape stores.
DEFINED AREAS AND LIMITATION ON NLiMBERS OF LICENCES
4. (1)
Subject to subsection (2), the area of the City defined in Schedule "B" to
this By-law, which Schedule shall be deemed to be part of this By-law, is
an ~ea in which three adult victeotape stores may operate and no adult
videotape stores are permitted to operate in any other area or areas of the
City.
(2)
No adult video store shall be permitted to operate within 250 metres of a
school building.
(3)
No person shall operate an adult videotape store in the Cit.,,' except as
permitted under this By-law and pursuant to a licence issued under this
By-law.
ADMINISTRATION
5. The Licensing Section shall:
(a) receive and process all applications for licences required under this By-
law;
(b) administer the issuance of licences in accordance with the provisions of
this By-law;
(c) maintain and keep records of all applications received and licences issued;
(d) generally perform administrative functions incidental and necessary to the
due administration and enforcement of this By-law.
APPLICATIONS FOR LICENCES
(1)
Every' person applying for a licence under this By-law shall file xvith the
Licensing Section a duly completed application fom~ provided by the
Licensing Section, in which the applicant shall provide all information
sought in such application form.
(2)
The applicant shall, at the time of the filing of the application form
required under subsection (1), deliver to the Licensing Section the
following:
(a)
cash, money order or certified cheque in the amount of the licence
fee, fixed pursuant to Schedule "A" of this By-law, for every
licence required under this By-law or for the renewal thereof;
(b)
if the applicant is a corporation, a copy of the incorporating
document and of the last annual information return filed, and a list
of the names and home addresses of the directors, shareholders and
officers of the corporation and of any corporation having an
interest, direct or indirect, in the adult videotape store; and
(c)
if the applicant is a partnership, a list of the names and home
addresses of the partners, and if a registered partnership, a copy of
the registered declaration of partnership.
Every application form shall include a requirement that the applicant provide at
least the following information:
(a) the name and address of the applicant;
(b)
the address of the applicant and of the intended licensee, to which the City
or its Licensing Section may send or deliver any notice or other document
required or authorized by law;
(c)
the municipal address of each building, premises or place in respect of
which a licence is sought and where a business licensed or required to be
licensed is or is intended to be carried on;
(d)
the name and address of the owner of any building, premises or place in
which any such business is to be zarried on;
(e) any trade or business description to be used in relation to the business;
(0 the telephone number of such business;
(g)
(h)
(1
(2)
(1)
(2)
(3)
(4)
a record of all offences, other than offences relating to motor vehicles,
under any by-law, provincial statute or Federal statute in respect of which
the applicant, if the applicant is ail individual, any of the partners, if the
applicant is a partnership, 02' any of tile directors, shareholders and officers
of a corporation, if tile applicant 02' any party having a direct or indirect
interest in the business, is a corporation, has or have been convicted; and
tile measurements of the floor area in thc premises in which videotapes are
or are to bc displayed or provided, and oflhe area. if such is smaller, used
or to be used for the provision or display of adult videotapes.
If tile applicant is not an individual, the application form shall be
completed and updated from time to time as this By-law requires, by an
individual duly authorized by thc applicant to execute such form on behalf
of the applicant and binding upon it, atnd the individual completing such
ibrm shall sign the renal, certii}'i~g thc truth and completcl~ess of the
infomlation provided therein.
~['}~e provisions of lhis By-law relating to an application for a licence shall
apply, with necessary nnodiGcations, to an application for the renewal of a
licensee or to amend a licence or a condition of such licorice, except that
where the applicant ~otifies the 1.icensing Section in writing that the
information on gl0 with the Lice~xsing Section has not changed, the
applicant shall not be required to complete :,. i~exv application form or
amendment thereto in respect of ail application For renewal.
Upon the receipt of-an application t'or~ by thc l_iccnsing Section, the
Manager shall carry ou't such investigatioll or x'criFication relating to the
application as he or she may deem ~ecessarv for the purposes o~' the
administration of this By-law and. ii-tlne investigation or any other
infomlation available to the Mai~agcr ciiscloses no reasonable grounds to
believe that thc application is not i~ compliance with the By-law, or that
the applicant may not be entitled to the issuance of a licence on the
grounds referred to in this By-law 02' by reason of any other provision of
this By-law or other applicable law, may issue tile licencc.
If the investigation or any other inforn]ation available to tile Manager
discloses reasonable grounds to believe that the applicant may not be
entitled to the issuance of a licence on grounds referred to in this By-law,
or by reason of any other provision of this By-law or other applicable law,
or if fo' any other reason thc Manager does not issue the licence applied
for, tile Manager shall Forthwith cause notice of this fact and the reasons
therefor to be sec'ed upon the applicant at tile address shown on the
application form, and refer the matter to the (?ouncil, or to a committee
established by by-law o£ tile (;ouncil for the holding of a hearing under
this By-law.
Tile Manager shall, in any notice served under subsection (2), include in
such notice a statement that tile applicant may require a hearing of the
application by the council or a committee oFthe C'ouncil, as the case may
be, by serving a notice in writing to that effect upon the Manager within
15 days oFthe date of the notice, and a statement that if no such notice is
served by the applicant the application max not be granted and the
applicant will not be entitled to any l'urther notice in the proceedings.
\Vher.,~ the Mana~,cr~ receives notice From an applicant requiring a hearing
in accordance with this section, the Manager shall forthxvith refer thc
application to the Council or committee as the case may be, for a hearing.
10
10.
ll.
Where the Manager does not receive notice from an applicant requiring a
hearing in accordance with this section, the Manager need not process the
application further, and no further notice is required to be served upon the
applicant.
(6)
Where an application has been referred to the Council or a committee for a
hearing under this section, and the applicant does not attend before the
Council or committee at the time and place of which notice has been
served upon such applicant in accordance with this By-law, the Council or
the Committee may hold a hearing in the absence of the applicant or may
decide to take no further action with respect to the application, and no
further notice is required to be served upon the applicant.
Where the Manager has referred an application to the Council or a committee for
a hearing pursuant to section 9 of this By-law, the Council or the committee may,
after a hearing, or after an opportunity for a hearing has been given to the
applicant:
(a)
grant the application in ~vhole or in part and direct that the licence be
issued, subject to compliance with this By-laxv;
(b)
grant the application subject to such conditions as the Council or the
committee, as the case may be, in accordance with this By-law, considers
.just and equitable in attaining the purposes of this By-law, and direct that
the licence be issued subject to such conditions and to compliance with
this By-law;
(c)
rcfuse in whole or in part to grant the application upon grounds contained
in this By-law or otherwise by-law; or
(d)
adjourn the application in accordance with this By-law, or make such other
disposition as may be permitted under this By-law and is in accordance
with laxv.
The following are grounds upon which the Council may refuse to grant any
application for a licence, or suspend or revoke any licence under this Bydaw:
(a)
there are reasonable grounds for belief that any application or other
document provided to the Licencing Section by or on behalf of the
applicant contains a false statement or provides false information; or
(b)
the past or present conduct of the applicant, or of any panner, in the case
of an applicant which is a partnership, or of any director, shareholder or
officer of the corporation, if the applicant or a party having a direct or
indirect interest in the business, is a corporation, affords reasonable
grounds for belief that the business in respect of which the application is
made will not be carried on in accordance with the law and with integrity
and honesty; or
(c)
there are reasonable grounds for belief that the carrying on of the said
business will result in a breach of this By-taw or any other law, including
any applicable zoning requirement; or
(d)
the financial position of the applicant affords reasonable grounds to
believe that the business will not be carried on in a financially responsible
manner; or
11
(e)
(g)
(h)
(i)
there are reasonable grounds t'or belief that tine application does not meet
all the requirements of this By-lay,', or that the business is carried on or
intended to be carried on in an area of the City where such business is
prohibited by rids Bv-lax~ From toeing carried on. or is one in respect of
which tile issuing of a licence in rosE>oct of tile business is not pemdtted by
this By-law: or
there are reasonable grounds for belief that tile building, premises or place
in which the business is carried on. or intended lo be carried on does not
comply with the provisions of this Bx-law or with any other law', including
any applicable building i'equircmcnts, or is dangeFous or unsafe; or
the conduct of thc applicant or of one or more of tile persons referred to in
paragraph (b) of this subsection affords reasonable grounds for belief that
tile carudng on of the business in respect of which tile licence is sought
would infringe the rights, or endanger the health or safety, of ()ne or more
members of the public or
the applicant if' not prepared to comply, or does not comply or ensure
compliance, with any condition imposed or intended to be imposed, under
this By-law upon tiao business OF upon lt~c licensee, as a requirement of
obtaining, continuing to hold or renewing a liccncc: or
tile tee payable in respect ortho liccncc applied For t~as not bee~l paid.
HEARINGS
12.
(2)
(~)
The provisions of ss. 5 to 15. IT{IL 18 aud 31 ~o 24 of tile Statutory
Povoers Procedure Act. as amended, shall apply to all hearings conducted
by Council or a committee under this By-law.
Upon thc conclusion of a hearing conducted by a committee under this
By-law, the conlmittec shall as soon as practicable make a written report
to the Council summarizing the evidence and arguments presented by the
parties, the findings of fact made by thc committee and the
recmmnendations, if any. of the committee, with reasons therefor, on the
merits of the application or matters in respect of which tile hearing has
been conducted.
After conducting, a hearing, or after considering, a report of the
committee, the Council may thereupon in respect of such application or
matter, make any decision pemTittcd under tills By-law in respect of the
granting or refusal ora licence, the imposing of conditions on a licence, or
the revocation or suspension c0t' at licence.
REVOCATION, SUSPENSION. PROBATION
13.
Tile Council may revoke or suspend any liccnce issued under this By-law, upon
any of the grounds set out in section 11, provided that no licence shall be revoked
or suspended except after a hearing by thc ('ouncil, or a committee appointed by
by-law tbr the holding of one or more hearings, or after an opportunity for such a
hearing has been aftbrded to tile licensee, in accordance with law.
14.
Where the Council or a committee concludes that grounds exist upon
which a licence may be refused, suspended or revoked, the Council may,
in lieu thereof, issue a licence tbr any period up to a full licence period, on
probation, or without a term of probation, subject to such conditions as the
Council may impose and are in accordance with law.
(2)
The Manager may, where he or she has reasonable grounds to believe that
any one or more grounds exist upon which a licence could be refused,
revoked or suspended, or render it appropriate that general or special
conditions be imposed as a requirement of continuing to hold a licence,
provide written notice to the licensee and to the Council of such fact, and
provide notice to the licensee of a right to a hearing, in accordance with
this By-law and other applicable law.
ISSUANCE AND TERMS OF LICENCES
15.
Every licence issued under this By-law may be issued for any period up to one
year, and shall expire on December 31 of the year in which it is issued.
16.
A licence issued under this By-law is personal to the licensee, and cannot be
transferred.
17.
The rights granted by a licence issued under this By-law apply only to the location
for which the licence is issued.
18.
Where a completed application form for the renewal of a licence is not submitted
to the Licensing Section before the expiry date, the applicant shall be required to
submit a new application, together with the application fee.
19.
Where a licence is revoked, the licensee is entitled to a refund of a part of the
licence fee proportionate to the unexpired part of the term for which it was
granted.
NOTICE
20.
(1)
Any notice or other information required or authorized to be given under
this By-law is sufficiently given if delivered personally or sent by
registered mail addressed to the person to whom delivery is required to be
made at the last address for delivery appearing on the records of the
Manager.
(2)
Where service is effected by registered mail, it shall be deemed to be made
on the third day after the date of mailing, unless the person on whom
servic: is being made establishes that he or she did not, acting in good
faith, through absence, accident, illness or other cause beyond his or her
control, receive the notice or order until a later date.
CHANGES IN INFORMATION
O)
Ever5' licensee shall notify the Licensing Section in writing within four
days after the event, of any change in any of the information contained in
the application form.
(2)
Where a change has occurred in the name or business name of a licensee,
the licensee shall attend within four days of the date of the change, at the
office of the Licensing Section, to have the licence and licence records
amended accordingly.
i3
REGULATIONS APPLICABLE TO ADULT VIDEOTAPE STORES
22. Every licensee shall:
(a)
promiuently display the liccncc at thc premises licensed at all times and
shall produce the licence upon request by the Manager, any by-law
enforcement officer and any police officer:
(b) keep the premises in a clean and sanitary condition:
(c)
maintain on the premises, during all business hours, available for
iuspection by the Manager, any By-law Enforcement Officer or any Police
Officer, a current list of all adult vicleotapes provided on the premises;
(d)
carry on business only in the n:m]e iia which the licence is issued, or such
other business or trade name provided to the Licensing Section aI~d
endorsed by it upon such licencc: and
advertise, promote and cam.' on such business only under tile name in
which the licence is issued, or such other business or trade name provided
to the licensing section and endorsed by it upon stxch licence.
23.
(1)
No owner, operator or any person working in an adult videotape store or
adult videotape area shall permit m~x person under tile age of eighteen
years to ellter or relllaill ill such stoI'e or area.
No owner, operator or any other perstm shall work in an adult videotape
store or adult videotape area or in any part el'any videotape store in which
adult videotapes are provided, unless such person is of the age of eighteen
years or older.
24.
(1)
Ever5, operator shall post and keep posted at every entrance to any adult
videotape store operated by such operator, and in a prominent location
inside such store, signs sut'lScient to indicate clearly to any person
approaching or entering the store, and to every person in the store, that no
person under the age of eighteen years is permitted to enter or remain in
such store or any part thereof.
(2)
Exterior signs and advertisements relating to adult videotape stores and to
the provision of adult videotapes, shall be restricted to the words "adult
videos", "adult videotapes", or "adult videotapes sales or rentals" and shall
not include pictorial representation of specified body areas or specified
sexual activities.
REGULATIONS APPLiCABI.E TO ALL VIDEOTAPE STORES
25. (1)
Every owner and every operator of a videotape store, whether or not he or
she is licensed or required to be licensed under this By-law, shall, in the
carrying on of such business, comply with the regulations contained in this
By-law relating to tile provision of adult videotapes.
(2)
Every owner and operator referred to in subsection (I) shall eusure that
every person working in such videotape store complies with all
requirements of' this By-law relating to the provision of adult videotapes
and the prohibition of access to all or part of the premises to persons under
the age of eighteen years, as required by this By-law.
14
Every person working in a videotape store shall comply with all
requirements of this By-law relating to the provision of adult videotapes
and the prohibition of access to all or part of the premises to persons under
the age of eighteen years, as required by this By-law.
26. (1)
No owner or operator of a videotape store in which adult videotapes are
provided, shall permit any person under the age of eighteen years to enter
or remain in any part of such store where adult videotapes are provided, or
within three metres of any adult videotape unless such adult videotape is
located in an adult videotape area;
(2)
Every owner and operator of a videotape store in which any adult
videotape is provided, shall affix, in a prominent location inside such store
and at every entrance to any adult videotape area, a sign or signs sufficient
to indicate clearly to persons in the store, that no person under the age of
eighteen years is permitted to enter or remain in any adult videotape area
in accordance with this By-law.
(3)
Every operator of a videotape store, including an adult videotape store,
and every person xvorking in such store, shall ensure that no person under
the age of eighteen permitted to enter an adult videotape store, or any
adult videotape area, in accordance with this By-law.
(4)
Every operator of videotape store and every person working in such store
shall ensure that no adult videotape, or container for an adult videotape
shall be displayed in such a manner so as to be visible from outside the
store.
(5)
Every operator of a videotape store and every person ~vorking in such store
shall ensure that no adult videotape, or container for an adult videotape,
shall be displayed in a videotape store that is not an adult videotape store,
in a location where it can be seen by persons in the store, unless such adult
videotape or container is in a separate location in such store to ~vhich
persons under the age of eighteen years are not permitted to enter, and
such adult videotape or container is displayed in a location where it cannot
be seen from outside such area.
PENALTY
27.
Every person who contravenes any provision of this By-law, and every
director or officer of a corporation who concurs in such contravention by
the corporation, is guilty of an offence and on conviction is liable to a fine,
exclusive of costs, not exceeding $25,000.00.
(2)
Where a corporation is convicted of an offence under this By-law, the
maximum penalty, exclusive of costs, that may be imposed on the
corporation is $50,000.00, and not as provided in subsection (1).
VALIDITY
28.
If a court of competent jurisdiction declares any provision, or any part of a
provision of this By-law to be invalid, or to be of no force and effect, it is the
intention of the Council in enacting this By-law, that each and every other
provision of this By-law authorized by law, be applied and enforced in accordance
with its terms to the extent possible according to law.
15
SHORT TITLE
29. This by-law may be referred to as the :Xdult \;ideotape Licensing m~d RegulateU,
By-law.
EFFECTIVE DATE
30. This By-law comes into lbrcc and eft'oct on tl~c day of its enactment.
31.
No adult videotape store st~alI be licensed under this By-law except in accordance
with Schedule "B". and no such liccnce may be granted For any adult videotape
store, except in respect of' any part of premises lawfully used for the business of'
lhe provision of adult videotapes on thc da~e of' enactment of this By-law, and
continued to be used For such purpose through the period up to the issuance of'the
licencc.
REPEAL OF BY-LAW
32. Bv-law Number 5474~9t~ is hereby repealed.
By-law read a tirst, second and third time and linallv passed lhis 1S~' day of June, 2001.
\Vaxne Arthurs, Mayor
Bruce Taylor, (~lerk
SCHEDULE "A" TO BY-LAW NUMBER 5828/01
Adult Videotape Stores:
First Licence or Renewal
Owner/Operator: $1,500.00
Owner who does not operate: $1,400.00
Operator other than Owner: $ 100.00
For the term of any licence period expiring December 31st of any year.
SCHEDULE 'B' TO BY-LAW
PASSED THIS lsth
DAY OF June 2001
PROHIBITED AREA
P[!~MIFrED ARkAS
(PROPER lIES CONTIGUOUS
TO KINGSFON ROADI
5828/01
MAYOR
CLERK
18
dan ~. ~-'~ ~ ~ ~ - _ ~< / , ,
...... ~ '~ ~ ~ ~ ~ --,~ /
ovo~ sm~ ~ ~ ~~ ~ F~
.
13
PLANNING 8: DEVELOPMENT DEPARTMENT
June ]2, 2001
To:
Fronl:
Subject:
MEMORANDUM
B.J. Taylor
City Clerk
Ray Davies
Plmming Tectmician
Draft Amending By-Law for
Zoning By-Law Amendinent Application A 36/00
F. and A. Scanga Holdings Limited
Lot 23, Plm'~ 492
1862 Liverpool Road
(West side of Liverpool Road. betxx een Kingston and Glenanna Roads)
City of Picketing
On June 11. 2001, Committee of the Whole recommended approval of Zoning By-Law
Amendment Application A36/00 to amend the zoning of the subject lands from the current "R3"
Residential Detached Dwelling Third Density Zone to "R3-MU" Detached Dwelling
Residential and Mixed Use Zone, in order to convert tile existing dwelling to permit business
office, professional office, personal service shop. and limited retail uses. A detached dwelling
would continue to be a permitted use.
The draft by-law has been circulated to and approved by the applicant. Should Council adopt
Cmmnittee of the Whote's recommendation for approval at their June 18. 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 February 15, 2001.
Please note that this by-law may be considered at tile June 18, 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 lands From "R3" to "R3-
MU", in order to pem~it business office, professional office, personal service shop, and limited
retail uses on the subject property. A detached dwelling would continue to be a permitted use.
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
Director~~/n~¢ Development
tLXD/j f
RX D!S canga/rncmoc I~rk~
Enclosure
°0
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5850/01
Being a By-law to amend 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 Lot 23, Plan 492 in the City of Pickering.
(a 36/00)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit
the establislunent of personal service shop, business and professional office, and limited retail
uses, on lands being Lot 23, Plan 492, City of Picketing;
AND WHEREAS an amendment to By-law 3036 is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF TIlE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS'
SCHEDULE I
Schedule I attached hereto with
declared to be part of this By-law.
notations and references shown thereon is hereby
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Lot 23, Plan 492 in the City of
Pickering, designated "R3-MU" 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.
DEFINITIONS
In this By-law,
(1)
"Adult Entertainment Parlour" shall mean a building or part of a building in which
is provided, in pursuance of a trade, calling, business or occupation, services
appealing to or designed to appeal to erotic or sexual appetites or inclinations;
(2)
"Business Office" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a brokerage or a
labour or fraternal organization is carded on and which may include a telegraph
office, a data processing establishment, a newspaper publishing office, the
premises of a real estate or insurance agent, or a radio or television broadcasting
station and related studios or theatres, but shall not include a retail store;
(3)
"Convenience Store" shall mean a retail store in which food, drugs, periodicals or
similar items of day-to-day household necessity are kept for retail sale primarily to
residents of or persons employed in the immediate neighbourhood;
(4)
(a) "Dwelling~ shall mean a building or part of a building containing one or more
dwelling traits, 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) "DwellinR, 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;
"Food Store" shall mean a building or part of a building in which primarily food
produce is stored, offered and kept for retail sale to the public and in which items
or merchandise of day-to-day necessity may be stored, offered and kept for retail
sale to the public;
(6)
(a)
"Gross Floor Area - Residential" shall mean the aggregate of the floor areas
of all storeys of a building or structure, or part thereof as tile case may be,
other than a private garage, an attic, or a cellar;
(b)
"Gross Leasable Floor .A~rca" 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 rooms jointly used by tenants of the building, such as garbage storage
areas, mechanical and electrical rooms:
(7)
(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 xvhetber 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 Frontaae" shall mean tile width o£ a lot between the side lot lines
ineasured along a line parallel to and 7.5 metres distant from the front lot
line;
(8)
"Personal Service Shop" shall mean an establishment in which a personal service
is perfonned and which may include a barber shop, a beauty salon, a shoe repair
shop, a tailor or a dressmaking shop or ~ photographic studio, but shall not
include a body-mb parlour as defined in section 224 (9)(b) of the Municipal Act,
R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor
thereto, or an Adult Entertainment Parlour as defined herein;
(9)
"Professional Office" shall mean a building or part of a building in which medical,
legal or other professional sep,'ice is performed or consultation given, and which
may include a clinic, the offices of an architect, a chartered accountant, an
engineer, a lawyer or a physician, but sh~.ll not include a body-rub parlour as
defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, chapter M.45, as
amended from time-to-tin]e, or any successor thereto, or an Aduh Entertainment
Parlour as defined herein;
22
(10)
(11)
-3-
"Retail Store" shall mean a building or part of a building in which goods, wares,
merchandise, substances, articles or things are stored, kept and offered for retail
sale to the public;
(a)
"Yard" shall mean an area of land which is appurtenant to and located on the
stone lot as a building or structure and is open, uncovered, and unoccupied
above ground except for such accessory buildings, structures, or other uses as
are specifically permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the full width of a lot
between the front lot line of the lot and the nearest wall of the nearest main
building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of a front
yard of a lot between the front lot line and the nearest wall of the nearest
main building or structure on the lot;
(d)
"Rear Yard" shall mean a yard extending across the full width of a lot
between the rear lot line of the lot, or where there is no rear lot line, the
junction point of the side lot lines, and the nearest wall of the nearest main
building or structure on the lot;
(e)
"Rear Yard Depth" shall mean the shortest horizontal dimension of a rear
yard of a lot between the rear lot line of the lot, or where there is no rear lot
line, the junction point of the side lot lines, and the nearest wall of the nearest
main building or structure on the lot;
(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 tot;
(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.
o
PROVISIONS
(1) Uses Permitted ("R3-MU" Zone)
No person shall within the lands designated "R3-MU" 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;
(ii) business office;
(iii) professional office;
(iv) personal service shop;
(v) retail store.
(2) Zone Requirements ("R3-MU" Zone)
No person shall within the lands designated "R3-MU" on Schedule I attached
hereto, use any lot or erect, alter, or use any building except in accordance with
the following provisions:
(a) AREA REQUIREMENTS
(i) Any permitted use shall be subject to the area requirements of
Section 9.2 of Zoning By-law 3!)36, as amended;
(ii) Despite (i) above, tile minimum gross floor area for a detached dwelling
residential use shall be 90 square metres;
(b) PARKING REQUIREMENTS'
(i)
For the purpose of this clause, "parking space" shall mean a useable and
accessible area of not less than 2.6 metres in width and not less than
5.3 metres in length for the temporary parking of a vehicle, but shall not
include any portion ora parking aisle of driveway;
(ii)
There shall be provided and maintained on the lands designated
"R3-MU" on Schedule I attached hereto, a nainimum of 8 parking spaces
for any business office, professional office, personal service shop, and
retail store, including a detached dwelling;
(iii)
Despite (ii) above, there shall be provided and maintained on the lands
designated "R3-MU" on Schedule I attached to this By-law a minimum
of 1 parking space for a detached dwelling only;
(iv) Clauses 5.21.2 a) and 5.21.2 b) of By-law 3036, as amended, shall not
apply to the lands designated R_ -*iL on Schedule I attached hereto;
(v)
Notwithstanding clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking areas
shall be surfaced with brick, asphalt, or concrete, or any combination
thereof;
(c) SPECIAL REGULATIONS'
(i)
The n~aximum aggregate gross leasable floor area tbr all business office,
professional office, personal service shop, and retail stores shall be
130 square metres;
(ii) All uses, other than parking, shall take place entirely within enclosed
buildings or structures with no outside storage or display;
(iii) For the purposes of this By-law, a retail store shall not include a
convenience store or a food store as defined herein;
(iv) Tile maximum building height shall not exceed one-storey and
6.0 metres in height.
BY-LAW 3036
By-law 3036, as amended, is hereby further amended only to the extent necessary to give
effect to tile provisions of this By-law as it applies to the area set out ill Schedule i
attached hereto. Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-lay,' 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 18th day of
June ,2001
Wayne Arthurs, Mayor
Brace Taylor, Clerk
R3-MU
SCHEDULE I TO BY-LAW 5sso/ol
PASSED THIS 18th
DAY OF_ Ju~e __ 2001
MAYOR
CLERK
26
FINCH
AVENUE
ANTON
FINCH
AVE
RIDOEWOOD
KITLEY
SQUARE
FAYLEE
FIELDL
BRANDS COURT
GLENANNA
GLENANNA
CULROSS
z~O~
BAYLY
POPRAD AVENUE
STREET
City of Pickering
WAYFARER
LANE
TATRA DRIVE
Planning & Development Department
/v
DATE MAY 2001
31,
THE CORPORATION OF ['HE CiTY OF PICKERING
BY-LAWNO. 3851/01
Bei,g a hr-law ~o dcdic'ate th~z[ i~(,'lio~i <!./ ~he Road
Allou'ance helwee~ Lots 34 w~d 35.
Picketing, hei~, dexcribed as [he
Paragrqph 1(~ q/']~v-hm' 800 ", as Imhlic'
WItEREAS, The Corporation of the City of Picketing is thc owner that portion of the Road Allowance
between Lots 34 and _35, Concession 3. Picketing being described as the Exception in Pm'agraph 18 of
By-law 800 and wishes to dedicate it as public highway:
NOW THERIZI:()RtL the Council of The Co~T~oration of the City of Picketing HEREBY ENACTS AS
FOLLOWS:
That portion of the Road Allox~ance between Lots 34 and 35. Concession 3, Pickering, being
described as the Exception in Paragraph t8 of Bv-laxv 800 (registered as Instrument No.
Pi22182) is hereby dedicated as public highway.
BY-LAW read a first, second and third time and finally passed tiffs 18u* day of June. 2001.
\Vavnc Arthurs. Mayor
Bruce Taylor. Clerk
JZ
RE0105/W230255
28
THE CORPORATION OF THE CITY OF PICKERiNG
BY-LAW NO. 5852/01
Being a by-law to stop-up and close as public highway
that portion of the Road Allowance belween Lots 34 and
35, Concession 3, Picketing being described as the
"Exception in Paragraph 18 qf By-law 800" and to
authorize the sale of the lands to the adjacent owner fi~r
nominal consideration.
WHEREAS, pursuant to section 297(1)(a) of the Municipal Act, R.S.O. 1990, chapter M.45. the Council
of The Corporation of the City of Pickering enacted a By-law, dedicating as public highway that portion
of Road Allowance between Lots 34 and 35, Concession 3, Pickering being described as the Exception
in paragraph 18 of By-law 800; and
WHEREAS, pursuant to sections 191(1), 297(1)(c), 297(1)(d) and 315 of that Act, the Council of the
City may pass by-laws to stop-up a highway or part thereof and to authorize its sale or the sale of a part
thereof at a fixed price;
WttEREAS, Notice of this by-law has been published once a week for four consecutive weeks and the
provisions of the Municipal Act relating to the stopping-up of a highway have been complied with;
NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS
FOLLOWS:
The following portion of highway is hereby stopped up and closed to both vehicular and
pedestrian traffic:
That portion of the Road Allowance between Lots 34 and 35, Concession 3, Pickering being
described as the Exception of Paragraph 18 of By-law 800 (registered as Instrmnent No.
PI22182).
The Corporation of the City of Pickering shall dispose of utility easements over any of the lands
described in section 1, above, that presently contain utility structures of any nature or sort, to the
appropriate utility authority, including but not necessarily limited to, The Regional Municipality
of Durham, Bell Canada, Consumers Gas, and Veridian Corporation at a sale price of $2.00 each.
That portion of the Road Allowance between Lots 34 and 35, Concession 3, Pickering being
described as the Exception of Paragraph 18 of By-law 800, Pickering, shall be conveyed to the
adjacent owner for nominal consideration, subject to any utility easement or easements
previously granted or granted pursuant to section 2, above.
The Mayor and Clerk are hereby authorized to execute any documentation approved by the City
Solicitor and required to effect the dispositions, offers and transfers provided for in this By-law.
BY-LAW read a first, second and third time and finally passed this 18th day of June, 2001.
Wayne Arthurs, Mayor
RE0105/W2302.55
Bruce Taylor, Clerk
r)
THE CORPOtLATION OF TttE CITY OF PICKERiNG
BY-L,,x,W NO. 5853/01
lhere(~['lo lite adl'Clcet~l
WttEREAS, on Dece~nber 20, 1999, pursuant to section 297(1)(a) of tile Municipal .4cZ, R.S.O. 1990,
chapter M.45, the Council of The Corporation of tile City o£ Picketing enacted By-law 5595/99
dedicating that Part of Lot 20, Concession 8. Picketing. originally designated as Part 7, Plan 40R-17520
(now designated as Part l, Plm~ 40R-XXXX) as public highxvay: and
WHEREAS, pursuant to sections 191(1). 297(t )(c). 297(1 )(d) and 315 of that Ac~, the Council of the
City may pass by-laws to stop-up a highxxay or part thereof and to authori×c its sale at a fixed pricc:
WHEREAS, Notice of this by-law has been published once a xveek tbr Ibur consecutive weeks and the
provisions of the Municipal/X_ct relating to tile stopping-up oF a highv,'ay have been complied with;
NOW THEI~zlt?ORE, the Council of tile Corporation of tile City of Pickering HEREBY ENACTS AS
~OLLOWS:
The following portion of highxvay is hereby stopped-up and closed to both vehicular and
pedestrian traffic:
Part of Lot 20, Concession 8. Picketing, designated as Pan 1. Phm 40R-XXXX ( Kodiak Street)
The Corporation of the ('itv o£ Pickering shall dispose of utility easements over any of the lands
described in section 1, above, that presently contain utility structures of any nature or sort, to the
appropriate utility authority, including but not necessarih' limited to. The Regional Municipality
of Durham, Bell Canada. ('onsumers Gas, and Veridian Corporation, at a sale price of $2.00
each.
That Part of Lot 20, Concession 8. Pickering. designated as [)art 1. Plan 40R-XXXX, shall be
offered for sale to the abutting oxvner fbr nominal consideration, sub ect to any utility easement
or easements previously granted or granted pursuant to section 2. above.
The Mayor and Clerk are hereby authorized to execute any doculnentation approved by the
Solicitor for the City and required to effect the dispositions, offers and transfers provided for in
this By-law.
BY-LAW read a first, second and third time and finally' passed this 18th day of' June. 2001.
Wax'nc Arthurs. Mayor
Bruce Taylor. Clerk
RE0005
3O
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5854/01
Being a by-law to appoint By-law Enforcement
Officers for certain purposes (Parking Regulation
1822 White's Rd., Amberlea Plaza, 1865-1867
Kingston Rd.., 1305/1315 Pickering Pkwy., 963-
979 Brock Rd. and 1735 Bayly St.)
WHEREAS pursuant to section 15(I) of the Police Services Act., R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the municipality
and
WI tEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are
peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. That the following persons 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 are hereby
authorized to enter at all reasonable times upon lands municipally known as:
a) 1822 White's Rd., Amberlea Plaza, 1865-1867 Kingston Rd.:
Colleen Anderson
Chris Hammill
b) 1305/1315 Pickering Parkway, 963-979 Brock Road and 1735 Bayly Street:
Delgado Coboume
The authority granted in section 1 hereto is specifically limited to that set out in section 1,
and shall not be deemed, at any time, to exceed the authority set out in section 1.
o
These appointments shall expire upon the persons listed in section l(a) ceasing to be
employees of Bums International Security Services ceasing to be an agent of 1822
White's Rd., Amberlea Plaza, 1865-1867 Kingston Rd., or listed in section l(b) ceasing
to be an employee of Nemesis Security Services Inc., or upon whichever shall occur first.
BY-LAW read a first, second and third time and finally passed this 18th day of June, 2001.
Wayne Arthurs, Mayor
Brace Taylor, Clerk
31_
NOTICE OF MOTION
DATE: JUNE 18, 2001
MOVEDBY: COUNCILLOR JOHNSON
SECONDED BY: COUNCILLOR BRENNER
WHEREAS the Council of the Regional Municipality' o£ Durham identified a series of
improvements to Brock Road which included the grade separation at the CPR rail line
south of Taunton Road: and
WHEREAS all preparatol5, work and the Environmental Assessment required for this
project has been completed: and
WHEREAS the Council of the City of Pickering has also identified this project as a high
priority for the Region and has communicated this to the Council of the Regional
Municipality of Durham; and
WHEREAS the need for this grade separation has become more apparent since two
persons were killed at the CPR level crossing on May' 7, 2001 in a collision with a train;
and
WHEREAS Highway 407 is being extended to Brock Road in Picketing and is expected
to open in August, 2001 thus increasing the amount of traffic along Brock Road;
WHEREAS the Council of the Regional Municipality of` Durham has planned the rail
division stage in 2003 and the remainder of' work in 2005 in its current Five Year Capital
Forecast;
NOW THEREFORE the Council of the Corporation of` the Citv o£ Pickering hereby
requests the Council of the Regional Municipality of Durham and the railway authority to
accelerate the construction schedule of this much needed grade separatiom and
THAT funding opportunities from the senior levels o£ government, including the
SuperBuild Corporation be fully examined: and
THAT this resolution be circulated to all senior levels of` government, the railway
authority and the SuperBuild Corporation.
CARRIED:
Btaylor:NoM Brock Road Grade Separation
MAYOR
32
NOTICE OF MOTION
DATE: JUNE 18, 2001
MOVED BY: COUNCILLOR BRENNER
SECONDED BY: COUNCILLOR HOLLAND
WHEREAS May is the anniversary month when Mike Hams, then Leader of the
Progressive Conservative Party of Ontario, committed his Party, on May 11, 1995, to
enact an Ontarians with Disabilities Act in the first term of office within the economic
goal posts of the Common Sense Revolution; and
WHEREAS November 2001 is the target month that the Ontario Legislature unanimously
resolved, on November 23, 1999, to pass an Ontarians with Disabilities Act; and
WHEREAS on April 19, 2001, in her Speech from the Throne, the Lieutenant Governor
of Ontario committed the Government to "seek common ground and shared solutions to
address the needs of persons with disabilities, and take action, including the introduction
of legislation, [to] build on its commitment"; and
WHEREAS this was followed by the release of Step 20: Equal Opportunities for All
Citizens of the Government's 21-Step Action Plan to ensure fair treatment and equal
access to opportunity for citizens with disabilities and others whose rights it protects by
introducing amendments to the Human Rights Code; and
WHEREAS for many in the disabled community, the decision of the Government to
address their needs through the Human Rights Code falls far short of their expectations
and breaches past commitments and resolutions; and
WHEREAS by Resolution #81/00 passed by the Council of the Corporation of the City of
Pickering on May 15, 2000, the Government of Ontario was urged to introduce new
legislation before the next Provincial election to enable persons with disabilities to
participate fully and equally in all aspects of Ontario life by creating a barrier-flee society
through the elimination of all existing barriers and the prevention of new ones; and
NOW THEREFORE the Government of Ontario is urged again to pass strong and
effective new legislation to be called the Ontarians with Disabilities Act, on or before
November 23, 2001, that embodies the principles in the Ontario Legislature's October 29,
1998 unanimous resolution; and
THAT copies be forwarded to the Premier of Ontario, the Minister of Citizenship, the
Leader of the Opposition, the Liberal and New Democrat Critics on Disabilities Issues,
the Chief Commissioner of the Ontario Human Rights Commission and Durham
Region's M.PP.'s.
Btaylor:Nom Ont. With Disabilities
CARR1ED:
MAYOR