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HomeMy WebLinkAboutJanuary 12, 2004 Planning Committee Meeting Agenda Monday, January 12, 2004 at 7:30 p.m. Chair: Councillor Holland (i) ADOPTION OF MINUTES Meeting of December 8, 2003 (il) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 03-04 ZONING BY-LAW AMENDMENT APPLICATION A 17/03 ANGELO ARGIRO AND THEODORE PAPATHEODORE / KAWAR INVESTMENT INC. 1278 AND 1284 KINGSTON ROAD (NORTHEAST CORNER OF KINGSTON RD AND GLENDALE DR) PAGE 1 PLANNING & DEVELOPMENT REPORT PD 02-04 ZONING BY-LAW AMENDMENT APPLICATION A 19/03 MET-STAR HOLDINGS 1211 KINGSTON ROAD (SOUTH SIDE OF KINGSTON ROAD, EAST OF DIXIE ROAD 16 PLANNING & DEVELOPMENT REPORT PD 44-03 FINAL ASSUMPTION OF PLANS OF SUBDIVISION: NORTH PIER ESTATES LIMITED, PLAN 40M-1729 NORTH PIER ESTATES LIMITED, PLAN 40M-1730 RONSTAR HOMES LIMITED, PLAN 40M-1748 32 PLANNING & DEVELOPMENT REPORT PD 45-03 FINAL ASSUMPTION OF PLANS OF SUBDIVISION: NUGGET CONSTRUCTION CO. LTD., PLAN 40M-1629 NUGGET CONSTRUCTION CO. LTD., PLAN 40M-1630 ACCETTONE, UMBERTO, PLAN 40M-1647 49 Planning Committee Meeting Agenda Monday, January 12, 2004 at 7:30 p.m. Chair: Councillor Holland PLANNING & DEVELOPMENT REPORT PD 46-03 FINAL ASSUMPTION OF PLANS OF SUBDIVISION: COUGS IMVESTMENTS LTD., PLAN 40M-1628 LANDFORD ERIN DEVELOMENTS LTD., PLAN 40M-1643 LANDFORD DIXIE NORTH LTD., PLAN 40M-1644 65 PLANNING & DEVELOPMENT REPORT PD 01-04 APPOINTMENT OF INSPECTORS UNDER THE BUILDING CODE ACT 84 (111) CORRESPONDENCE Members of Council may formally table an item of correspondence that has been circulated by the Mayor, CAO, Clerk or other staff person. (IV) ADJOURNMENT DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 17/03, be APPROVED to permit the additional use of convenience / retail store to the existing C1S - Local Commercial Specific Zoning, on lands being Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489, City of Pickering, submitted by Lorelei Jones & Associates on behalf of Kawar Investments Incorporated. That the amending zoning by-law to implement Zoning By-law Amendment Application ^ 17/03, as set out in Appendix 1 to Report PD 03-04, be FORWARDED to City Council for enactment. 2 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 03-04 Date: December 19, 2003 Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 17/03 Angelo Argiro & Theodore Papatheodorou (Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489) 1278 & 1284 Kingston Road City of Picketing Recommendation: That Zoning By-law Amendment Application A 17/03, be APPROVED to permit the additional use of convenience / retail store to the existing C1S - Local Commercial Specific Zoning, on lands being Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489, City of Picketing, submitted by Lorelei Jones & Associates on behalf of Kawar Investments Incorporated. That the amending zoning by-law to implement Zoning By-law Amendment Application A 17/03, as set out in Appendix I to Report PD 03-04, be FORWARDED to City Council for enactment. Executive Summary: The applicant is requesting a change to the C1S - Local Commercial zoning on the subject lands to implement the City's Official Plan Town Centre designation, to permit the establishment of a retail store use. The subject property is located on the northeast corner of Kingston Road and Glendale Drive (see Location Map, Attachment #1). The proposed additional convenience / retail use will be compatible with the existing and future commercial development of the subject property. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 03-04 Date: Subject: Angelo Argiro & Theodore Papatheodorou (A 17/03) December 19, 2003 Page 2 3 Background: 1.0 Comments Received 1.1 At the November 20, 2003 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #2 and #3) 1.2 Agency Comments Veridian Connections - no objections; Region of Durham the proposal is permitted by the policies of the Durham Region Official Plan; municipal water supply and sanitary sewer service are connected (See Attachment #4; 1.3 City Departments Development Control - no concerns raised; Municipal Property and Engineering - no concerns raised; Fire Services no concerns raised. 1.4 Community Comment To date no comment directly related to the proposed Zoning Amendment has been received. Comments raised by local residents at the Statutory Public Information Meeting were directed at the Burger King / proposed Tim Horton's building and were not in opposition to the proposed convenience store use proposed in this application. 2.0 Discussion The City's Official Plan designates the subject property Downtown Core", within the Town Centre Neighbourhood. permits, amongst other uses, retailing of goods and services. "Mixed Use Areas This designation The proposed by-law amendment to add retail use (which would permit a convenience store) implements the City's Official Plan's policies and contributes to the retail / commercial nature of the downtown. Current zoning on the property limits the permitted use to an eating establishment. This zoning was established in 1976 and does not fully implement the current Official Plan designation or provide appropriate flexibility of uses. Report PD 03-04 Date: December 19, 2003 Subject: Angelo Argiro & Theodore Papatheodorou (A 17/03) Page 3 The introduction of a retail use will not negatively impact the site. A retail use generates similar traffic and parking characteristics as an eating establishment. A retail use is currently operating from the site and does not appear to be impacting the function of the property. It is recommended that the application be approved and the amending by-law be forwarded to Council for enactment. APPENDIX: 1. Appendix I: Draft By-law Attachments: 2. 3. 4. Location Map Text of Information Meeting Report No. 20-03 Minutes from Statutory Public Information Meeting Region of Durham Comment Prepared By: Mike Duff Planner II Approved / Endorsed By: Director, Planning & Development Lynda Taylor, MC'I"P, RPP Manager, Development Review MD:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T~o~as J. ~inn, ~Zhief Admi~t~ve O'fficer APPENDIX I TO REPORT NUMBER PD 03-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 17~03 6 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-[aw to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 373/76, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489, City of Pickering. (A 17/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit a retail store, on the subject land, being; Part of Lot 27, Plan 492 & Part of Lots 23, 24, Plan 489, City of Picketing. AND WHEREAS an amendment to By-law 3036, as amended by By-law 373/76, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: (1) TEXT AMENDMENT (1) Section 4. DEFINITIONS of By-law 373/76, is hereby further amended by re-alphabetizing section 4 and by adding thereto the following: "Retail Store" shall mean a building or part of a building in which goods, wares merchandise, substances, articles or other things are stored, kept and offered for retail sale to the public. (2) Schedule 'B' of By-law 373/76, is hereby further amended by adding thereto the following under the USES PERMITTED heading: and Retail Store (3) EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this ,2004. day of Bruce Taylor, Clerk ATTACHMENT REPORT ~ PD ~ ~ ' ,,. r ROAD GLr..NANNA ~ ~O~D Z e CiW of Pickering~. Planning & Development Depa~ment PROPER~ DESCRIPTION P~N 492 LOT 27 p~N 489 pT LOT 23,24 NOW Rp 40R1985 PART 1 ..OWNER A. ARGIRO DATE SEPT. 29, 2003 D~WN BY JB FI~ No. A 17/03 SCALE 1:~00 CHECKED BY MD FOR DEPARTMENT USE ONLY PN-10 PA- 8 ATTACHMENT #_ ~ TO REFORI # PD L~.~- 0 ~ ~ PICKERING INFORMATION REPORT NO. 20-03 FOR PUBLIC INFORMATION MEETING OF NOVEMBER 20th, 2003 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 17/03 Angelo Argiro and Theodore Papatheodorou 1278 & 1284 Kingston Road Lots 23 & 24, 27, Plan 489, Concession 492 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION the subject property is situated at the northeast corner of Kingston Road and Glendale Drive (see Attachment #1); the proposed retail / convenience store use currently exists on the subject site; currently existing on the site is a Mary Brown's Chicken restaurant, convenience store and vacant Burger King restaurant; the Burger King restaurant is currently the subject of Site Plan Application S12/079 to develop the vacant building as a Tim Horton's; residential properties are situated to the north and west of the property; south and east of the property is comprised of various land uses, which include office, restaurant, commercial and retail. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the existing ClS - Local Commercial Specific zoning on the subject lands to add convenience / retail store as a permitted use (see Attachment #2). Information Report No. 20-03 ATTACHMEN'I' # ~ .TO Page 2 9 3.0 BACKGROUND the existing convenience store began operating during 2003, the subsequent non-compliance with the current Zoning By-law was brought to the attention of the City, which lead to the submission of the Zoning By-law amendment application. 4.0 OFFICIAL PLAN AND ZONING 4.1 Durham Reqional Official Plan the Durham Regional Official Plan identifies the property as being within the 'Main Central Area' designation; 'Main Central Areas' should be developed as the main concentrations of urban activities within area municipalities providing a fully integrated array of community, office, service and shopping, recreational and residential uses; 4.2 Pickerinq Official Plan - the Pickering Official Plan identifies the subject property as being designated 'Downtown Core' within the Town Centre Neighbourhood; - this designation, among other uses, permits the retailing of goods and services; - land uses, including limited retailing of goods and services, are intended to take place at the greatest scale and intensity in the city, serving Citywide and regional levels; 4.3 Zoninq By-law 373~76 the subject property is currently zoned "C1S" - Local Commercial Specific by By-law 373/76; the current zoning only permits an eating establishment use; an amendment to the Zoning By-law is therefore required in order to implement the applicant's proposal to add a convenience store to the subject property. 5.0 RESULTS OF CIRCULATION 5.1 Resident Comments - to date no resident comments has been received; Information Report No. 20-03 A3'rACHMENT # ~7 TO RE~;JR'I # PD_O-~ -0 (7/- ..... Page 3 5.2 5,3 6.0 7.0 7.'1 Agency Comments - to date no agency comments has been received; Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · the impacts traffic flow within the site boundaries and the ability to adequately provide safe and suitable access to existing and future development; · review of the appropriateness of local convenience / retail store development within a Downtown Core Area designation. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk; the following used for 18T applications only; - 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. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Report No. 20-03 j_ ~ ATTACHMENT# ~ TO Page4 7.2 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. ORIGINAL SIGNED BY Mike Duff Planner II- Development Review ~RIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager- Development Review MD:Id Attachments Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 20-03 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date; COMMENTING AGENCIES (1) none received to date; COMMENTING CITY DEPARTMENTS (1) none received to date; ...r~ :% ¢ ~o~_~_3._~.,/: .... Excerpts from ;31:atu~ory PubliC ~hfm'mation Meeting Thursday, November 20, 2003 7:00 P.M. 13 The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (I) ZONING BY-LAW AMENDMENT APPLICATION A 17103 ANGELO ARGIRO AND THEODORE PAPATHEODORU 1278 & 1284 KINGSTON ROAD LOTS 23 & 247 277 PLAN 4897 CONCESSION 492 Linda Taylor, Manager- Development Review, provided an explanation of the application, as outlined in Information Report #20-03. No comments from applicant. James Newman, 1820 Glendale Drive, advised of his opposition to the 24 hour Tim Horton's store proposed because of the noise disturbance, increase traffic and parking problems. Mr. Newman asked if a new site plan approval has been granted by the City and if the demolition permit for the Burger King restaurant has been issued at this time. He further advised that there has been a history of gangs and vandalism in this area and this will only encourage them to stay longer. Additionally, he is concerned about the preservation of the trees near the parking lot. Fred Newman, 1820 Glendale Drive, inquired whether there was a by-law that would restrict the location of the 24 hour stores near residential areas. Mr. Newman was advised to contact Anne Greentree, Supervisor, Legislative Services to inquire about the by-law. The Regional Municipality of Durham Planning Department 1'615 DUNDAS ST. E. 4TM FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 ,,. '3ANADA 05-728-7731 ATTACHMENT # ~ TO REFOR'I' # PD ,O,.~ .,© Lf December 5, 2003 Mike Duff, Planner II Planning & Development Department One the Esplanade Pickering, Ontario .L1V 6K7 RECE VE.D O~TY OF PIC~.ER~NG pLANNiNG & DEVELOPMENT DEPC, RTME~qT Dear Mr. Duff: Re: Zoning Amendment Application A 17/03 Applicant: Angelo Argiro & Theodore Paptheodorou/Kawar Investment Inc. Location: Part of Lot 23, Concession 1 Municipality: City of Pickering Fax: 905-436-6612 Email: planning@ region.durham.on .ca www. region.durham.on.ca A.L. Georgieff, MClP, RPP Commissioner of Planning We have reviewed this application and. the following comments are offered with respect to the Durham Regional Official Plan, the proposed method of servicing, and the delegated provincial plan review responsibilities. The application proposes to rezone the subject property to permit convenience store and retail uses. Durham Reqional Official Plan The subject lands are designated "Main Central Area" in the Durham Regional Official Plan. Main Central Areas are to be developed as the main concentrations of urban' activities providing a fully integrated array of community, office, service and shopping, recreational, and residential uses. The proposed amendment conforms to the policies of the Durham Regional Official Plan. Municipal Servicinq The subject property s connected to full municipal services. Transportation Upon submission of a site plan application, the Region may require a road widening and/Or road improvements along the frontage of Regional Highway No. 2. Direct access to Regional Highway No. 2 will not be permitted. 100% Post Consumer Page 2 Provincial Plan Review Responsibilities The application has been screened in accordance with the provincial plan review responsibilities. No provincial interests are affected by the proposal. If you have any questions or require additional information, please call me. Yours truly, Ray Davies, planner Current Operations Branch cc. Rob Roy, Durham Region Works Department R:\trainingVd~onin'g\pickering a17-03.doc RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 19/03, be APPROVED to permit food store and retail store as additional uses, submitted by Met-Star Holdings Ltd., for 1211 Kingston Road, being Part of Lots 23 and 24, Concession 1, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/03, as set out in Appendix No. I to Report PD 02-04 be FORWARDED to City Council for enactment. REPORT TO PLANNING COMMITTEE Report Number: PD 02-04 Date: December 19, 2003 17 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 19/03 Met-Star Holdings Ltd. 1211 Kingston Road (Part of Lots 23 and 24, Concession 1) City of Pickering Recommendation: That Zoning By-law Amendment Application A 19/03, be APPROVED to permit food store and retail store as additional uses, submitted by Met-Star Holdings Ltd., for 1211 Kingston Road, being Part of Lots 23 and 24, Concession 1, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/03, as set out in Appendix No. I to Report PD 02-04 be FORWARDED to City Council for enactment. Executive Summary: The applicant proposes to amend the existing zoning to permit a food store and retail store as additional uses on the subject property (see Location Map - Attachment #1). The proposed uses conform to the Pickering Official Plan and the Durham Region Official Plan. Some of the existing definitions and performance standards applicable to the subject property are recommended to be updated and consolidated in order to simplify the resultant zoning by-law. It is recommended that Zoning By-law Amendment Application A 19/03 be approved, and that the draft by-law be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 2 Background: 1.0 Comments Received 1.1 At the November 20, 2003 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 and #4) - no one spoke for or against the application; 1.2 Following the Information Meeting - no resident comments have been received; 1.3 Agency Circulation and City Department Comments City and agency comments received to date indicate no objections. 2.0 Discussion: 2.1 Proposed uses currently exist on the subject property. In July 2002, Zoning By-law Amendment Application A 15/02 was submitted by the owner of the subject property to allow personal service shop and place of entertainment or amusement as additional uses. The rezoning application was approved for the proposed uses, and Zoning By-law 6112/03 was passed on March 17, 2003. A building permit was received by the Planning & Development Department in March 2003 for internal renovations to an existing food store located in Building B on the subject property (see attached Site Plan, Attachment #2). This food store was not identified by the owner of the property as an existing use, and was therefore not recognized at the time of the previous rezoning (A 15/02). The owner was notified that the existing food store was not a permitted use under the current zoning and this Zoning By-law Amendment Application (A 19/03) was submitted in August 2003 in order to include food store as a permitted use. A site check conducted for the submitted rezoning application (A 19/03) identified several other existing stores on the property that did not appear to comply with the uses permitted under the current zoning by-law. The owner then requested that retail store be included as part of this application in order to recognize the existing retail stores located on the subject property. 2,2 The proposed uses are compatible with surrounding development and conform to the Pickering Official Plan. It is staff's understanding that the proposed food store and retail store uses have existed on the subject property for quite some time. Staff are not aware of any complaints received regarding these uses. These uses are considered to be compatible with surrounding land uses, and are considered appropriate uses for this property. Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 3 19 2.3 The proposed uses are also permitted under the policies and provisions of the Pickering Official Plan. The subject property is currently designated "Mixed Use Area", which permits retail and commercial uses. The property is also located within the "Town Centre Neighbourhood" which permits the highest mix and intensity of uses and activities. Approval of this application to amend the Zoning By-law would implement the Pickering Official Plan designation. The proposed amending by-law includes consolidated definitions, floor area limitations, and a technical amendment to the existing by-law. Definitions to be Updated The following uses are currently permitted under the existing zoning by-law: Body Shop Business Office Commercial Recreational Establishment Financial Institution Industrial/Commercial Equipment Suppliers Light Manufacturing Plant Personal Service Shop Professional Office Vehicle Repair Shop Warehouse Food Preparation Plant Frozen Food Shop Furniture and Major Appliance Store Home Improvement Centre Jewelry Store Off-track Betting Teletheatre Place of Assembly Restaurant-Type B Vehicle Sales or Rental Establishment Some of the uses listed in the current zoning by-law are recommended to be removed and replaced with broader definitions that reflect use classifications currently applied by the City. It is recommended that jewelry store, and furniture and major appliance sales be replaced by the proposed retail store definition, and that frozen food shop be replaced by the proposed food store definition. The implementing by-law will include standard definitions for a food store and retail store. Consolidation of the definitions and permitted uses will create a streamlined and up-to-date by-law that is reflective of the uses permitted under the Official Plan. Floor Area Limitations Required for Retail Store and Food Store Uses It has been determined that floor space limitations for the food store and retail store uses are necessary to limit the potential expansion of such uses and to ensure that on-site parking is not negatively impacted. The applicant has provided City staff with a list of existing food store and retail store uses located on the subject property, and the corresponding gross leaseable floor space areas for such uses. Following review of this information, it is recommended that the aggregate floor area limitations be set at 620 square metres for all food stores and 620 square metres for all retail stores. These limitations have been included in the attached amending by-law. Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 4 2.4 3.0 Technical Amendment Required to Address Previously Permitted Front Yard Depth Four minor variances have been granted for the subject property since construction of the plaza, and these were all recognized through the previous rezoning (A 15/03). However, a previous minor variance to allow a reduced front yard depth of 4.0 metres for an outdoor patio was improperly referenced in the by-law. Therefore, it is recommended that this situation be rectified in this new amending by-law. By-law to be forwarded to Council The attached By-law, included as Appendix I to this report, implements Staff's recommendation to approve the requested additional uses and include additional performance standards and technical amendments in the amending by-law. It is recommended that the attached by-law be forwarded to Council for enactment. Applicant's Comments: The applicant is aware of the contents of this Report. APPENDIX: Appendix I: Draft Implementing By-law Attachments: 1. Location Map 2. Site Plan 3. Information Report 4. Minutes from Statutory Public Meeting Report PD 02-04 Subject: Met-Star Holdings Ltd. (A 19/03) Date: December 19, 2003 Page 5 Prepared By: Carla Pierini Planner I Approved / Endorsed By: I~eil C-~-~, RPP Director~ing & Development Lynda E~. Taylor, M(~IP, RPP Manager, Development Review CXP:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tho~a-~J. Ouinn, ~hief ({~minis~'at, L,,ve~ APPENDIX I TO REPORT NUMBER 02-04 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 19/03 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6112/03, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lots 23 and 24, Concession 1, in the City of Pickering. (A 19/03) 23 WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit food store and retail store uses, in Part of Lots 23 and 24, Concession 1, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended by By-law 6112/03, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1.2 1.3 1.4 1.5 1.6 TEXT AMENDMENT Section 4. DEFINITIONS of By-law 6112/03, is hereby amended by deleting subsections (9), (10), and (14); Section 4. DEFINITIONS of By-law 6112/03, is hereby further amended by renumbedng and re-alphabetizing subsections (1) to (27) and by adding thereto the following: (9) "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered and kept for retail sale to the public; (22) "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; Clause 5.(1) Uses Permitted of By-law 6112/03, is hereby amended by deleting subclauses (f), (g), and (j); Section 5.(1) Uses Permitted of By-law 6112/03, is hereby further amended by re-alphabetizing subclauses (a) to (s) and by adding thereto the following: (f) Food store; (o) Retail; Section 5.(2)(c)(ix) and 5.(2)(c)(x) of By-law 6112/03 are hereby repealed and replaced with the following: (ix) The aggregate of the gross leasable floor area of all retail stores on the lot shall not exceed 620 square metres; (x) The aggregate of the gross leasable floor area of all food stores on the lot shall not exceed 620 square metres; (xi) Notwithstanding the yard requirements of Section 2(a)(iii) of this By-law, an outdoor patio may encroach into the required front yard to a maximum of 11.0 metres; Section 6 of By-law 6112/03 is hereby amended by adding thereto the following: (4) Clause 5.22 of By-law 3036 shall not apply to the lands designated "SPCI-I" on Schedule I attached hereto. 24 AREA RESTRICTED -2- By-law 3036, as amended by By-law 6112/03, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036. 3. 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 ,2003. day of Bruce Taylor, Clerk FOLEYET t:,iEi~,jR't'// PD -:' - 0 25 CULROSS PICKERI City of Pickering Planning & Development Department PROPERTY DESCRIPTION SOUTH PART LOT 23,24, CONCESSION 1 OWNER MET-STAR HOLDINGS LTD. DATE OCT. 20, 2003 DRAWN BY JB APPLICATION No. A 19/03 SCALE 1:5000 CHECKED BY CP FOR DEPARTMENT USE ONLY PN-8 PA- ATTACHMENT ~ ~ TO REFORT ,f PD_ ~ -c~ ~ ___ INFORMATION COMPILED FROM APPLICANT'S SITE PLAN At 9/2.003 I, BUILDING A BUILDING B EXISTING FOOD STOF AND RETAIL STORES BUILDING C THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANN lNG INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, OCTOBER 22, 2003. ATTACHMENT#_ ~_~ TO RE~-0R'r # PD C') ~2 - o ¥- 27 INFORMATION REPORT NO. 24-03 FOR PUBLIC INFORMATION MEETING OF November 20th, 2003 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 19/03 Met-Star Holdings Ltd. 1211 Kingston Road (South Part of Lots 23, 24, Concession 1) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located on the south side of Kingston Road, east of Dixie Road, west of Liverpool Road (see Attachment #1 - Location Map); the subject property currently supports three buildings. APPLICANT'S PROPOSAL the applicant proposes to amend the zoning of the subject property to permit 'Food Store' and 'Retail Store' as additional uses; a site plan showing the existing buildings on the property is provided for reference (see Attachment #2). OFFICIAL PLAN AND ZONING Durham Reqional Official Plan identifies the subject property as being designated "Special Policy Area A"; lands designated "Special Policy Area A" contain a mixture of residential, retail, personal service and industrial uses. Development within this area shall be intensified in a manner that will not adversely affect similar development within the Main Central Areas; the proposed uses appear to conform to the Durham Region Official Plan; Information Report No. 24-03 ATTACHMENT ~ ~ .TO RE~- ,~R~ # PO ~'),~ ° o ~ ...... Page 2 3.2 3.3 3.4 4.0 4.1 4.2 4.3 4.3.1 Pickering Official Plan identifies the subject property as being located within a 'Mixed Use Area - Mixed Corridor' within the Town Centre Neighbourhood; lands within the Town Centre Neighbourhood are intended to be for the highest mix and intensity of uses and activities; the applicant's proposal conforms to the policies of the Plan; Compendium Document to the Official Plan - the subject property is subject to the "Kingston Road Corridor Development Guidelines"; - the proposed uses would be within existing buildings - no new development is proposed; Zoning By-law 3036~00 the subject property is currently zoned "SPCI-I" - Special Purpose Commercial Zone, by Zoning By-law 3036, as amended by By-law 6112/03; the existing zoning permits a variety of commercial and industrial uses; the current zoning does not permit a 'Food Store' or a 'Retail Store'; a zoning by-law amendment is required to permit the proposed additional USES. RESULTS OF CIRCULATION Resident Comments none received to date; Agency Comments - none received to date; Staff Comments Backqround Information Zoning By-law Amendment Application A 15/02 was submitted by the owner of the subject property to allow 'Personal Service Shop' and 'Place of Entertainment or Amusement' as additional uses; Zoning By-law Amendment Application A 15/02 was approved and Zoning By-law 6112/03 was passed on March 17,2003; Information Report No. 24-03 2 9 .TO Page 3 -O z-/X- 4.3.2 5.0 6.0 6.1 a building permit was received by the Planning & Development Department in March 2003, for internal renovations to an existing food store (Iqbal Food Supermarket) located in Units 1 and 2 of Building B on the subject property; - the food store has operated on this site for several years, but was not identified by the owner of the property as an existing use, and was therefore not recognized at the time of the previous rezoning (A 15/02); the owner was notified that the existing food store was not a permitted use under the current zoning, and this Zoning By-law Amendment Application was submitted; further to a site check done of the subject property, the owner was notified that several other existing stores on the property do not appear to comply with the uses permitted under the current zoning by-law; - the owner has recently included 'Retail Store' as another additional use to be included as part of this application. Other Matters In reviewing the application to date, the following matters have been identified by staff for further review and consideration: · the appropriateness of the site for the proposed uses; · appropriate size restrictions for the proposed additional uses; · compatibility with surrounding land uses. PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report. 3 0 Information Report No. 24-03 ~?~CH,~,~,E,,'~ ~... '~ TO Page 4 6.2 Information Available a copy of the applicant's site plan is available for viewing at the offices of the City of Pickering Planning & Development Department. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Carla Pierini Planner I CXP:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development I-'ICK ERI-NG ~ < ~,,:~ o2 -, .,- Excerpts from Statutory Public Information Meeting Thursday, November 20, 2003 7:00 P.M. The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (v) ZONING BY-LAW AMENDMENT APPLICATION A 19/03 MET-STAR HOLDINGS LTD. 1211 KINGSTON ROAD (SOUTH PART OF LOTS 23, 24, CONCESSION 1) Lynda Taylor, Manager - Development Review, provided an explanation of the application, as outlined in Information Report #24-03. No comments from the applicant. No comments. RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: assume City roads and services in Plans 40M-1729, 40M-1730 and 40M-1748; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1729, 40M-1730 and 40M-1748; dedicate Blocks 20 & 30, Plan 40M-1730, as public highway; and authorize the Release from title of the Subdivision Agreements relating to Plans 40M-1729, 40M-1730 and 40M-1748. Report PD 44-03 Subject: Final Assumption of Plans of Subdivision 40M-1729, 40M-1730 and 40M-1748 Date: December 2, 2003 Page 3 35 Prepared By: Denise Bye,/Coordinator Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Approved / Endorsed By: Neil Ca,,p¢'(~, MC/JP~ RPP Direct ,~.la~fling & Development Recommended for the consideration of Pickering City Council J T~mas J. Qu~, Chi~ Admmistcabve O~cer Recommendation approved as it effects: Chief Administrative Officer Director, Operations & Emergency Se~ices Director, Planning & Development Director, Corporate Services & Treasurer City Clerk .36 ,¥n'Ac.um'r# I oO~\o°~ COGNAC FINCH FINCH AVENUE SEGUIN SQ DEERHAVEN CRES. ~ LANE AMBERLEA  ~EEN HIGHVIEW ROAD ORACELAND ERAMOSA 3RESCENT City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1729 OWNER VARIOUS APPLICATION No. SUBDIVISION COMPLETION AND ASSUMPTION DATE OCT. 28, 2003 SCALE 1:5000 DRAWN BY JB I ¢ CHECKED BY DB FOR DEPARTMENT USE ONLY PN-11 PA- ATTACHMENT REPORT # PD 37 c,Q COGI FINCH AVEN U E D£ERHAVEN MMERPARK CRES. O AMBERLEA )RIFTWOO[ SAUGEEN HIGHVIEW ROAD GRACELAI ERAMOSA CRESCENT City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1730 APPLICANT VARIOUS APPLICATION No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY PN-11 PA- DATE OCT. 28, 2003 SCALE 1:5000 DRAWN BY JB CHECKED BY DB AT~ACHkr, ENT #_~___~TO RE~-~R7 # PD ~_.__.~ d~ ~ CO D F~ IV~- M E~FR CRACELAND City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1748 OWNER VARIOUS DATE NOV 27, 2003 DRAWN BY JB ~-/r~ APPLICATION No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:1000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-11 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1729 and to assume Seguin Square and Otonabee Drive for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1729 have been completed to the City's satisfaction; and WHEREAS Seguin Square and Otonabee Drive are highways shown on Plan 40M-1729 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c: 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1729, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted by the City of Pickering and assumed by it for maintenance. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1729, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed by the City of Pickering. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Picketing: · Seguin Square · Otonabee Drive BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 39 40¸ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Seguin Square and Otonabee Drive, Plan 40M-1729, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19m day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1729, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and North Pier Estates Ltd. entered into a Subdivision Agreement dated February 15, 1993, Notice of which was registered on August 31, 1993 as Instrument No. LT651799, respecting the subdivision and development of Plan 40M-1729, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated February 15, 1993, Notice of which was registered August 31, 1993 as Instrument No. LT651799 between North Pier Estates Ltd. and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1729, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1730 and to assume Seguin Square for public use as a public highway. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1730 have been completed to the City's satisfaction; and WHEREAS Seguin Square is a highway shown on Plan 40M-1730 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1730, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1730, Pickering, including the storm drainage system and related appurtenances, are hereby accepted by the City of Pickering and assumed by it for maintenance. The following highway is hereby assumed for public use as a public highway under the jurisdiction of The Corporation of the City of Pickering: · Seguin Square BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk '~'r I'/:~OHMENT # ~ TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and Iicencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Seguin Square, Plan 40M-1730, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 43 ATTACH~2ENT #., C~ TO ' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Blocks 29 & 30, Plan 40M-1730, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 29 & 30, Plan 40M-1730, Picketing and wishes to dedicate them as public highway; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: Blocks 29 & 30, Plan 40M-1730, Pickering are hereby dedicated as public highway (Seguin Square). BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk A'?TACHMENT #,, (~'~ ~).:~ RE~ ~,~i # PI:)_. - THE CORPORATION OF THE CITY OF PICKER:lNG BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1730, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Picketing and North Pier Estates Ltd. entered into a Subdivision Agreement dated February 15, 1993, Notice of which was registered on August 31, 1993 as Instrument No. LT651805, respecting the subdivision and development of Plan 40M-1730, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated February 15, 1993, Notice of which was registered August 31, 1993 as Instrument No. LT651805 between North Pier Estates Ltd. and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1730, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 45 ,~ rTACHMENT #, ~1 TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Picketing in Plan 40M-1748 and to assume Otonabee Drive for public use as a public highway. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1748 have been completed to the City's satisfaction; and WHEREAS Otonabee Drive is a highway shown on Plan 40M-1748 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1748, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1748, Pickering, including the storm drainage system and related appurtenances, are hereby accepted by the City of Pickering and assumed by it for maintenance. The following highway is hereby assumed for public use as a public highway under the jurisdiction of The Corporation of the City of Pickering: · Otonabee Drive BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT ~., (-.~ TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Otonabee Drive, Plan 40M-1748, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1748, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Ronstar Homes Limited entered into a Subdivision Agreement dated June 7, 1993, Notice of which was registered on January 4, 1994 as Instrument No. LT665564, respecting the subdivision and development of Plan 40M-1748, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated June 7, 1993, Notice of which was registered January 4, 1994 as Instrument No. LT665564 between Ronstar Homes Limited and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1748, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: assume City roads and services in Plans 40M-1629, 40M-1630 and 40M- 1647; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1629, 40M-1630 and 40M-1647; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1629, 40M-1630 and 40M-1647. 5O REPORT TO PLANNING COMMITTEE Report Number: PD 45-03 Date: December 16, 2003 From: Neil Carroll Director, Planning & Development Subject: Nugget Construction Co. Ltd. Lots 1 to 79, Blocks 81 and 82, Plan 40M-1629 Nugget Construction Co. Ltd. Lots 1 to 173, Block 176, Plan 40M-1630 Accettone, Umberto Lots 1 to 6, Block 7, Plan 40M-1647 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: assume City roads and services in Plans 40M-1629, 40M-1630 and 40M-1647; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1629, 40M-1630 and 40M-1647; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1629, 40M-1630 and 40M-1647. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1629, 40M-1630 and 40M-1647. As the developers have now completed all works and services within these plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: of this recommendation. There are no new financial implications to the City as a result Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1629, 40M-1630 and 40M-1647. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Report PD 45-03 Subject: Final Assumption of Plans of Subdivision 40M-1629, 40M-1630 and 40M-1647 Date: December 16, 2003 Page 2 5! The assumption of Plans 40M-1629, 40M-1630 and 40M-1647 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: o assume City roads and services in Plans 40M-1629, 40M-1630 and 40M-1647; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1629, 40M-1630 and 40M-1647; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1629, 40M-1630 and 40M-1647. Attachments: 2. 3. 4. 5. 10. 11. 12. Location Map Plan -40M-1629 Location Map Plan -40M-1630 Location Map Plan - 40M-1647 By-law to assume City roads and services within Plan 40M-1629 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1629 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1629 By-law to assume City roads and services within Plan 40M-1630 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1630 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1630 By-law to assume City roads and services within Plan 40M-1647 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1647 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1647 52 Report PD 45-03 Subject: Final Assumption of Plans of Subdivision 40M-1629, 40M-1630 and 40M-1647 Date: December 16, 2003 Page 3 Prepared By: Approved / Endorsed By: Denise Bye, Coordinator Property & Development Services Neil ~rrol] ~!P,,/Rpp Director, Plannd~g & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thorrf~s:O. ~u in r'¢/Chie~Ad minis~ffic~rj Recommendation approved as it effects:'~_ _ Chief Administrative Officer /~:~'~~ -.~ "', I/ Director, Operations & Emergency Services Director, Planning & Development ,~?'/~ Director, Corporate Services & Treasurer ~ ~~ " City Clerk AT'I'ACHMEN'f # / TO 53 SPARROW CIRCLF MELDRON CRESCENT SANDHURST PINE GROVE NE GROVE AVENUE L/K, / TRANQUIL CRT. VE PROHILL ST. CRT. -- LANCREST ST. GATE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1629 OWNER VARIOUS DATE NOV. 10, 2003 DRAWN BY JB ~'/~ FILE No. SUBDIVISION COMPLETION AND ASSUMPTION CHECKED BY DB SCALE 1:5000 FOR DEPARTMENT USE ONLY PN-11 PA- J ~0 ~ r~ -~ I ~ WESTCREEK ~,v~ . ~ STREET ~ ~~F~ ~ ~ ~ ~-- ~~ ~ ~ ~ C.N.R. I~ c.N.r. ~ I I I ~ TWYN RIVERS DRIVE 0 RT~~D~ HOWELL City of Picketing Planning & Development DepaAment PROPER~ DESCRIPTION P~N 40M-1630 OWNER VARIOUS DATE NOV. 10, 2003 DRAWN BY ~B ~ FILE No. SUBDIVISION COMPLETION AND ASSUMPTION 8OALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY P~-10 PA- ATTACHMENT#.. ~ TO RE,OR3 ~ PD ~.~' -0'~ 5,5¸ ROAD City of Pickering z DRIVE TOYNEVALE ROAD COWAN CIRCLE MAITLAND DRIVE Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1647 APPLICANT VARIOUS DATE NOV. 7, 2003 DRAWN BY JB APPLICATION No, SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:15000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-1 PA- 56 ATTACHMENT #_ ~-~ TO REFOR'i' # PD_ ~-~-o'~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1629 and to assume Westcreek Drive and Mossbrook Square for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of the City of Picketing in Plan 40M-1629 have been completed to the City's satisfaction; and WHEREAS Westcreek Drive and Mossbrook Square are highways shown on Plan 40M-1629 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1629, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Picketing. 2. The underground services under the jurisdiction of the City of Picketing that are required to be constructed or installed in the development of Plan 40M-1629, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Picketing. 3. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Westcreek Drive · Mossbrook Square BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk AT'fACHM£N'f # :~ , TO REFOR'I # PD I./.~ --~::~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Westcreek Drive and Mossbrook Square, Plan 40M-1629, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 5? 58 ATTACHMENT #~ ~ TO THE CORPORATION OF THE CITY OF PICKERIN(-;, BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M~1629, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Nugget Construction Co. Ltd. entered into a Subdivision Agreement dated November 28, 1988, Notice of which was registered as Instrument No. LT503233 and which Agreement was amended on May 3, 1994, Notice of which was registered as Instrument No. LT686359 respecting the development of Plan 40M-1629, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated November 28, 1988, Notice of which was registered as Instrument No. LT503233; and (b) the amending Subdivision Agreement dated May 3, 1994, Notice of which was registered as Instrument No. LT686359, between Nugget Construction Co. Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1629. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT #_ '~- TO THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1630 and to assume Lawson Street, Castle Street, Wilcroft Court, Waterford Gate, Lancrest Street and Senator Street for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1630 have been completed to the City's satisfaction; and WHEREAS Lawson Street, Castle Street, Wilcroft Court, Waterford Gate, Lancrest Street and Senator Street are highways shown on Plan 40M-1630 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1630, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1630, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Lawson Street · Castle Street · Wilcroft Court · Waterford Gate · Lanorest Street · Senator Street BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 59 60 .THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Lawson Street, Castle Street, Wilcroft Court, Waterford Gate, Lancrest Street and Senator Street, Plan 40M-1630, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMEI~T #_ (~ TO THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1630, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Nugget Construction Co. Ltd. entered into a Subdivision Agreement dated November 28, 1988, Notice of which was registered as Instrument No. LT503230 and which Agreement was amended on May 3, 1994, Notice of which was registered as Instrument No. LT686361 respecting the development of Plan 40M-1630, Picketing; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated November 28, 1988, Notice of which was registered as Instrument No. LT503230; and (b) the amending Subdivision Agreement dated May 3, 1994, Notice of which was registered as Instrument No. LT686361, between Nugget Construction Co. Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1630. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 61 62 ATTACHMENT #~?0 THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1647 and to assume McLeod Crescent for public use as public highway. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1647 have been completed to the City's satisfaction; and WHEREAS McLeod Crescent is a highway shown on Plan 40M-1647 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1647, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1647, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highway is hereby assumed for public use as public highway under the jurisdiction of The Corporation of the City of Pickering: · McLeod Crescent BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: McLeod Crescent, Plan 40M-1647, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT#, I~-- TO THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1647, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Umberto Accettone entered into a Subdivision Agreement dated June 20, t989, Notice of which was registered as Instrument No. LT529002, respecting the subdivision and development of Plan 40M-1647, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of the Subdivision Agreement dated June 20, 1989, Notice of which was registered as Instrument No. LT529002 between Umberto Accettone and The Corporation of the City of Pickering, respecting the development of Plan 40M-1647, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: 2. 3. 4. assume City roads and services in Plans 40M-1628, 40M-1643 and 40M-1644; amend By-law 1416/82 (Places of Amusement) to enclude the roads within Plans 40M-1628, 40M-1643 and 40M-1644; dedicate Block 55, Plan 40M-1628, Block 41, Plan 40M-1643 and Block 35, Plan 40M-1644 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1628, 40M-1643 and 40M-1644. REPORT TO PLANNING COMMITTEE Report Number: PD 46-03 Date: December 16, 2003 From: Neil Carroll Director, Planning & Development Subject: Cougs Investments Ltd. Lots 1 to 48, Blocks 49 to 53, Plan 40M-1628 Landford Erin Developments Ltd. Lots 1 to 17, Blocks 18 to 33, Plan 40M-1643 Landford Dixie North Ltd. Lots 1 to 34, Plan 40M-1644 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: assume City roads and services in Plans 40M-1628, 40M-1643 and 40M-1644; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1628, 40M-1643 and 40M-1644; dedicate Block 55, Plan 40M-1628, Block 41, Plan 40M-1643 and Block 35, Plan 40M-1644 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1628, 40M-1643 and 40M-1644. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1628, 40M-1643 and 40M-1644. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: of this recommendation. There are no new financial implications to the City as a result Report PD 46-03 Subject: Final Assumptions of Plans of Subdivisions 40M-1628, 40M-1643 and 40M-1644 Date: December 16, 2003 Page 2 67 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1628, 40M-1643 and 40M-1644. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now .appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1628, 40M-1643 and 40M-1644 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the plans, amending By-law 1416/82 relating to Places of Amusement, dedicating Block 55, Plan 40M-1628, Block 41, Plan 40M-1643 and Block 35, Plan 40M-1644 as public highways and authorizing the release and removal of the Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: assume City roads and services in Plans 40M-1628, 40M-1643 and 40M-1644; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1628, 40M-1643 and 40M-1644; dedicate Block 55, Plan 40M-1628, Block 41, Plan 40M-1643 and Block 35, Plan 40M-1644 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1628, 40M-1643 and 40M-1644. Attachments: 2. 3. 4. 5. o 10. 11. 12. 13. Location Map Plan - 40M-1628 Location Map Plan - 40M-1643 Location Map Plan - 40M-1644 By-law to assume City roads and services within Plan 40M-1628 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1628 By-law to dedicate Block 55, Plan 40M-1628 as public highway By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1628 By-law to assume City roads and services within Plan 40M-1643 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1643 By-law to dedicate Block 41, Plan 40M-1643 as public highway By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1643 By-law to assume City roads and services within Plan 40M-1644 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1644 Date: December 16, 2003 Report PD 46-03 Subject: Final Assumptions of Plans of Subdivisions 40M-1628, 40M-1643 and 40M-1644 Page 3 14. 15. By-law to dedicate Block 35, Plan 40M-1644 as public highway By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1644 Prepared By: Denise Bye, Coordinator Property & Development Services Approved / Endorsed By: Director, & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Tho~a'"s J. Qui~n, Chief Adm~e ~fficer Recommendation approved as it effects: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk ATTACHMENT# ..... I TO REPORT t PD ~[~-O'i.~ LYNN FINCH i ~__ _.[L! ,,I I t~ = ~ I i~ ~__:..J~ il/ : I / ~ '~--~TAPLIN DRIVE City of ~ickodng Planning & Dovolopmont De~artmont PROPERTY DESCRIPTION PLAN 40M-1628 OWNER VARIOUS DATE NOV. 6, 2003 DRAWN BY JB APPLICATION No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-7 PA- 69 70 ATTACHMENTS_ ~,- TO REPORT # PD_.. /..~ - ~ FINCH COGNAC NIPISSING AVENUE SWAN PLACE PARKSIDE ROAD AMBE ROAD ERAMOSA CRESCENT MILLBAN~ EW City of Pickering ROAD NEW STREET Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1643 IDRAWN BY JB I CHECKED BY DB OWNER VARIOUS APPLICATION No. SUBDIVISION COMPLETION AND ASSUMPTION DATE NOV. 3, 2003 SCALE 1:5000 FOR DEPARTMENT USE ONLY PN-11 PA- RE~'OR'I # PD ~ '- C,~_~ ?! HYDF~o ~ /~ ~,~< ~__~ / / / I / / ~c~' / /111111 ~= ~~1 ~~/ ~ A PEBBLESTONE ~ Gitg of ~ickorin~ ~lannin~ & ~ovolopment Dopa~mont PROPER~DESCR~PT~ON P~N 40M-1644 OWNER VARIOUS DATE OCT. 28, 2003 DRAWN BY JB APPL~CATION No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY FOR DEPARTMENT USE ONLY PN-12 PA- ?2 ATTACHMENT ~_ ~ 'r0 THE CORPOF~,TION OF THE CITY OF PICKERINC, BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1628 and to assume Regal Crescent and Darwin Drive for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1628 have been completed to the City's satisfaction; and WHEREAS Regal Crescent and Darwin Drive are highways shown on Plan 40M-1628 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFQRE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1628, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1628, Pickering, including the storm drainage system and related appurtenances, are hereby accepted by the City of Picketing and assumed by it for maintenance. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Regal Crescent · Darwin Drive BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Regal Crescent and Darwin Drive, Plan 40M-1628, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 73 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Block 55, Plan 40M-1628, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 55, Plan 40M-1628, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 55, Plan 40M-1628, Pickering is hereby dedicated as public highway (Darwin Drive). BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1628, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Cougs Investments Ltd. entered into a Subdivision Agreement dated January 16, 1989, Notice of which was registered as Instrument No. LT491549, respecting the subdivision and development of Plan 40M-1628, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated January 16, 1989, Notice of which was registered as Instrument No. LT491549 between Cougs investments Ltd. and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1628, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ?5 ?$ THE CORPORATION OF THE CiTY OF PICKERINC BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1643 and to assume Graceland Court, Lamour Road and Napanee Road for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1643 have been completed to the City's satisfaction; and WHEREAS Graceland Court, Lamour Road and Napanee Road are highways shown on Plan 40M-1643 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1643, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Picketing that are required to be constructed or installed in the development of Plan 40M-1643, Pickering, including the storm drainage system and related appurtenances, are hereby accepted by the City of Pickering and assumed by it for maintenance. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Graceland Court · Lamour Road · Napanee Road BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk .THE CORPORATION OF THE CITY OF PICKERINC .BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Graceland Court, Lamour Road and Napanee Road, Plan 40M-1643, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 77 ?8 THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to dedicate Block 41, Plan 40M-1643, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 41, Plan 40M-1643, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 41, Plan 40M-1643, Pickering is hereby dedicated as public highway (Napanee Road). BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1643, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Landlord Erin Developments Ltd. entered into a Subdivision Agreement dated November 20, 1989, Notice of which was registered as Instrument No. LT517514, respecting the subdivision and development of Plan 40M-1643, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated November 20, 1989, Notice of which was registered as Instrument No. LT517514 between Landford Erin Developments Ltd. and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1643, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 80 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume services under the jurisdiction of the City of Pickering in Plan 40M-1644 and to assume Wildrose Crescent for public use as a public highway. WHEREAS above ground and underground services under the jurisdiction of the City of Pickering in Plan 40M-1644 have been completed to the City's satisfaction; and WHEREAS Wildrose Crescent is a highway shown on Plan 40M-1644 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of the City of Piokering that are required to be constructed or installed in the development of Plan 40M-1644, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1644, Pickering, including the storm drainage system and related appurtenances, are hereby accepted by the City of Pickering and assumed by it for maintenance. The following highway is hereby assumed for public use as a public highway under the jurisdiction of The Corporation of the City of Picketing: · Wildrose Crescent BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk ,.THE CORPORATION OF THE CITY OF PICKERINC .BY-LAW NO. Being a By-Paw to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Wildrose Crescent Plan 40M-1644, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 81 8¸2 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Block 35, Plan 40M-1644, Pickering as public highway. WHEREAS The Corporation of the City of Picketing is the owner of Block 35, Plan 40M-1644, Picketing and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Block 35, Plan 40M-1644, Pickering is hereby dedicated as public highway (Dixie Road). BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1644, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Landford Dixie North Ltd. entered into a Subdivision Agreement dated October 16, 1989, Notice of which was registered as Instrument No. LT517507, respecting the subdivision and development of Plan 40M-1644, Pickering; and WHEREAS the terms and conditions of that Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the Release and Removal from title of the Subdivision Agreement dated October 16, 1989, Notice of which was registered as Instrument No. LT517507 between Landlord Dixie North Ltd, and The Corporation of the City of Pickering, respecting the subdivision and development of Plan 40M-1644, Pickering. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk 83 RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That Schedule "A" of By-law 4647/95, which appoints the Chief Building Official, Acting Chief Officials and Inspectors, be amended, as set out in Attachment #1 to Report PD -01-04. REPORT TO PLANNING COMMITTEE Report Number: PD 01-04 Date: December 12, 2003 $5 From: Neil Carroll Director, Planning & Development Subject: Appointment of Inspectors under the Building Code Act Recommendation: That Schedule A of By-law 4647/95, which appoints the Chief Building Official, Acting Chief Building Officials and Inspectors, be amended, as set out in Attachment #1 to Report PD 01-04. Executive Summary: This report recommends that the By-law appointments of Inspectors be amended due to staff changes. Financial Implications: None. Background: Council currently has in place By-law 4647/95, which is required to provide for the administration and enforcement of the Building Code Act within the City. This By-law includes a schedule of persons appointed pursuant to that Act. The resignation of Brian Holmes, the death of Michael St. Jean and the subsequent hiring of Paul Nishikawa, Senior Examiner/Inspector and Albert AIvero, Inspector, requires that the appointment schedule be revised. Report PD 01-04 Appointment of Inspectors under the Building Code Act Date: December12,2003 Page 2 Attachment: 1. By-law regarding appointment of Inspectors. Prepared By: Tim Mbore~ Chief Building Official Approved / Endorsed By: Neil Carroll, IV~l~,~; RI~ Director, Planr~ Development TM:bg Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Thomas-J. Qt~n, COief Adrn~'~t[abve Offie~er ATTACHMENT#_ / TO REPORT # Pi)_ OI- ~ ~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Schedule A of By-law 4647/95 appointing the Chief Building Official, Acting Chief Building Officials and Inspectors. WHEREAS, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.C. 1992, chapter 23, the Council of the Corporation of the City of Picketing is responsible for the enforcement of the Act within the City of Pickering; WHEREAS, pursuant to By-law 4647/95, Council appointed a Chief Building Official and such Inspectors as are necessary for the enforcement of the Act within the City of Picketing; and WHEREAS, as a result of staff changes, the By-law to appoint these individuals must be amended. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A of By-law 4647/95 is hereby deleted and replaced with Schedule A attached hereto. BY-LAW read a first, second and third time and finally passed this 19th day of January, 2004. David Ryan, Mayor Bruce Taylor, Clerk $7 ~T'I'ACHMENT # I 1'0 REE--,.)R1 # PD ~ I - O~ SCHEDULE A APPOINTMENTS (Section 2) Item 1 Column I Column 2 1. Chief Building Official Timothy Moore 2. Acting Chief Building Official Neil Carroll 3. Acting Chief Building Official Robert Starr 4. Inspector Toby Hill 5. Inspector Robert Lalonde 6. Inspector Brenda Yarush 7. Inspector Taylor Young 8. Inspector Paul Nishikawa 9. Inspector Albert Alvero