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HomeMy WebLinkAboutMay 2, 2005 Council Meeting Agenda Monday, May 2, 2005 7:30 PM INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of April 11, 2005 1-9 (111) 1. DELEGATIONS Peter Ritchiz, Executive Director, AIDS Committee of Durham, will address Council with respect to the Education and Awareness Walk for AIDS/Durham West on May 14th and to request Council to proclaim Saturday, May 14, 2005 as Awareness & Education for AIDS Day in Pickering. The following persons will address Council to support the Notice of Motion to establish a Taxicab Advisory Committee: a) b) c) Iqbal Banwait Kewal Manocha Mohammad Naeem Khan Zul Jaffer, Applicant, will address Council in support of Planning & Development Application A 4/04, concerning 979- 983 Kingston Road. (IV) 1. RESOLUTIONS To adopt the Executive Committee Report EC 2005-07, dated April 25, 2005. To consider Corporate Services Report CS 30-05, concerning the 2005 Current & Capital Budgets. To be circulated under separate cover. PAGE 10-13 -1- Council Meeting Agenda Monday, May 2, 2005 7:30 PM To consider Planning & Development Report PD concerning Zoning By-law Amendment Application A Renata Trent. 14-05, 14-54 16/04, Referred to staff at the April 11th, 2005, Executive Meetin~ To consider Operations & Emergency Services Report OES 14- 05, concerning Tender for Picketing Recreation Complex Refrigeration Upgrades, Tender T-9-2005. To be circulated under separate cover To proclaim May 14, 2005 as 'Awareness & Education for AIDS Day'. 55 (V) BY-LAWS By-law 6513/05 Being a by-law to exempt those parts of Blocks 7 and 13, Plan 40M-1599, Pickering, designated as Parts 1 and 5, Plan 40R-21767 from part lot control. By-law 6514/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. (A 16/04) By-law 6515/05 Being a by-law to dedicate Block 24, Plan 40M-1727, Pickering as public highway. By-law 6516/05 Being a by-law to prohibit the sounding of train whistles at Rosebank Road crossing of the Canadian Pacific Railway line, Belleville Subdivision. 56-58 59-61 62-64 65 -2- Council Meeting Agenda Monday, May 2, 2005 7:30 PM By-law 6517/05 Being a by-law to further amend by-law 2632/88 to provide for erecting of stop signs at certain intersections within the City of Pickering. By-law 6518/05 Being a by-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. 66 67-68 {VI) NOTICE OF MOTION Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS concerns have been raised by members of the taxicab industry pertaining to how the City of Pickering regulates their industry and the need to develop guidelines that will result in a standard of best practices; and WHEREAS it is the desire of the members of the taxicab industry to have open communication with Members of Council and staff of the City of Pickering; and WHEREAS it has been proven in other GTA municipalities that such communication can be achieved through the creation of an Advisory Committee; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby establishes an Advisory Committee with a mandate to review the existing Taxicab By-law as well as other issues that may be brought to the Committee's attention; and FURTHER THAT the Advisory Committee be comprised of: two Taxicab Drivers · two Taxicab Owners · one member from the industry at large · two Members of Council 69 3 Council Meeting Agenda Monday, May 2, 2005 7:30 PM · appropriate staff of the Clerk's Division and By-law Enforcement Section (VII) OTHER BUSINESS (VIII) CONFIRMATION BY-LAW (IX) ADJOURNMENT 4 PICKERING Council Meeting Minutes Monday, April 11, 2005 9:00 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT' T. J. Quinn N. Carroll G. Paterson B. Taylor C. Rose ABSENT: - Chief Administrative Officer - Director, Planning & Development ~ Director, Corporate Services & Treasurer - City Clerk - Manager, Policy E. Buntsma - Director, Operations & Emergency Services (Vacation) (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of April 4, 2005 0£ PICKER ING Council Meeting Minutes Monday, April '11, 2005 9:00 PM (111) RESOLUTIONS Resolution #66/05 Moved by Councillor Johnson Seconded by Councillor McLean That the Report of the Executive Committee EC 2005-06, dated April 11, 2005, be adopted. CARRIED Recorded Vote or~ Item #1 Yes: Councillors Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan No: Councillor Ashe (IV) BY-LAWS That Councillor Johnson, seconded by Councillor McLean, took leave to introduce by- laws of the City of Pickering: .By-law 6502/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road). By-law 6503/05 Being a by-law to dedicate Block 73, Plan 40M-1414, Pickering as public highway. By-law 6504/05 Being a by-law to dedicate Block 26, Plan 40M-1423, Picketing as public highway. By-law 6505/05 Being a by-taw to assume the roads as public highways and the services within Plan 40M-1413 (save and except Block 107), Plan 40M-1414, Plan 40M-1423, Plan 4OM- 1637 (save and except Lot 13 and Blocks 20, 21 and 22) and 40M-2017, under the jurisdiction of the City of Pickering. -2- PICK FR1NIG Council Meeting Minutes Monday, April 11, 2005 9:00 PM 03 By-law 6506/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law 6507/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1413 (save and except Block 107), Pickering. By-law 6508/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1414, Pickering. By-law 6509/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1423, Pickering. By-law 6510/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1637 (save and except Lot 13) Pickering, from title. By-law 6511/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-2017, Pickering, from title. CARRIED THIRD READING: Councillor Johnson, seconded by Councillor McLean, moved that By-law Numbers 6502/05, 6503/05, 6504/05, 6505/05, 6506/05, 6507/05, 6508/05, 6509/06, 6510/05, 6511/05, be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED -3- ICK ERING Council Meeting Minutes Monday, April 11, 2005 9:00 PM (v) 1. OTHER BUSINESS Councillor Dickerson, on behalf of Legion Branch 606 and the Ladies Auxiliary, thanked Members of Council for supporting the Honours & Awards Ceremony. Councillor McLean stated that parking spaces for disabled persons are not clearly marked in some cases. He asked how many tickets have been issued for parking violations respecting parking for the disabled and what the municipality is doing to ensure that these parking areas are clearly painted and signed. Councillor Johnson thanked staff for the preparation of the 2005 budget documents. The following matters were discussed prior to the regular meeting: Resolution #67/05 Moved by Councillor McLean Seconded by Councillor Pickles That Council meeting In Camera at 7:07 pm. CARRIED a) The Division Head, Corporate Projects & Policy, stated that City is recommending a statutory public information meeting to consider modifications to Amendment #13 for the Seaton side. He further report that a meeting was held on April 4, 2005 with residents of Whitevale who gave cautious support for urban residential development adjacent to the Hamlet of Whitevale. The Division Head was asked to produce a map that clearly shows the modifications to Amendment #13 for the Seaton side. b) The CAO distributed to Members of Council a letter dated April 1, 2005 from Jeffrey Davies regarding the Ontario Planning & Development Act. The Division Head, Corporate Projects & Policy was instructed to get a consensus of the representatives of the Province, Region and other agencies and landowners to allow representatives of the Cherrywood Landowners Group to attend meetings respecting the OPDA. This In Camera meeting was recessed at 7:30 pm and reconvened at 9:08 pm. Council Meeting Minutes Monday, April 11, 2005 9:00 PM c) The CAO referred to a confidential memo dated April 5, 2005 respecting negotiations and was given direction to proceed in accordance with the recommendations set out in that memo. d) The CAO reported on the status of the taxicab industry. e) Resolution #68105 Moved by Councillor Brenner Seconded by Councillor Dickerson That staff be directed to retain an in-house solicitor as an employee of the City of Pickering. CARRIED It was the consensus of Members of Council that Councillors Ashe and Dickerson will sit on the panel established by the Division Head, Human Resources, to interview candidates at the short-list stage for the position of City Solicitor. f) Councillor Dickerson stated that he received a request from the Pickering Professional Firefighters' Association to name a street after a Firefighter who died from a job-related injury. He requested a report setting out the process for accommodating this request. Resolution #69105 Moved by Councillor Dickerson Seconded by Councillor Pickles That Council rise from this In Camera session at 9:55 pm. CARRIED 5 Council Meeting Minutes Monday, April 11, 2005 9:00 PM (VI) CONFIRMATION BY-LAW By-law Number 6512105 Councillor Dickerson, seconded by Councillor Brenner, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of April 11, 2005. ADJOURNMENT The Meeting adjourned at 9:56 CARRIED DATED MAYOR ClTY CLERK PICKEldNG Appendix I Executive Committee Report EC 2005-06 7 That the Executive Committee of the City of Pickering having met on April 11, 2005, presents its sixth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 12-05 PLACES TO GROW That Pickering Council RECEIVE Report PD 12-05 on the draft Growth Plan for the Greater Golden Horseshoe, prepared by the Ministry of Public Infrastructure Renewal, dated February, 2005; and That Pickering Council ADVISE the Minister of Public Infrastructure Renewal that it supports: (a) the concept of a growth plan for the Greater Golden Horseshoe; and (b) Pickering's inclusion within the 'Greater Toronto Area and Hamilton Sub- area'; and (c) the identification of downtown Pickering as an 'urban growth centre'; and That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to coordinate the transfer of the Cherrywood Community from the Greenbelt Plan to the Growth Plan under a 'Designated Growth Area' category, consistent with Pickering's approved Growth Management Study; and That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to incorporate the following recommended changes into the final Growth Plan for the Greater Golden Horseshoe, such that: (a) upper, lower and single-tier municipalities are engaged as full participants in the preparation of the work program for their respective sub-area growth strategy and that all municipalities be included as members of the sub-area growth strategy working teams in addition to the Province; and (b) local municipalities are provided with the authority to determine the way in which intensification is achieved in their respective areas; and (c) a meaningful public consultation process to inform and obtain comments from residents and landowners in all parts of each sub-area is included as an integral component of the sub-area growth strategy work program; and (d) the content of sub-area growth strategies is refined to focus on the broader cross-boundary issues such as infrastructure, economic development, transit, and urban boundary expansions with less emphasis on rural, agriculture and natural heritage matters; and -7- 08 PICK F. R1N(; Appendix I Executive Committee Report EC 2005-06 (e) (0 (g) the timeframe for achieving the intensification targets in the Growth Plan is extended from 2015 to a longer timeframe; and the employment to population ratio is increased to 50% (one job for every two persons) for Durham Region; and the transportation system is revised to: (i) add a proposed higher order transit route along Taunton Road and Kingston Road; and (ii) add a proposed higher order transit route on the CP Belleville rail line throUgh Durham Region; and (iii) add a proposed higher transit route from the Pickering GO Station to the Highway 407 transitway; and (iv) extend Highway 407 easterly to Highway 35/115 in the pre-2031 timeframe, and add a proposed higher order transit route on Highway 407 through Durham Region; and That Pickering Council REQUEST that, prior to finalizing the Growth Plan, the Province release a comprehensive package of Greater Golden Horseshoe initiatives including details of the fiscal, regulatory and other tools that will be made available to properly implement the sub-area growth strategies, the Transportation Strategy, and the 10-year Strategic Infrastructure Investment Plan; and That the City Clerk FORWARD a copy of Report PD 12-05 to the Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the Region of Durham, Durham area municipalities, and Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge. CORPORATE SERVICES REPORT CS 28-05 APPLICATION FOR VARIANCE FROM THE SIGN BY-LAW SUBMITTED BY JOHN BYBERG That Report CS 28-05 regarding an application for a variance from the Sign By-law submitted by John Byberg, be received; and That Resolution #169/03, Item #1, passed on December 5, 2003 to refuse an application submitted by John Byberg for a variance to the Sign By-law to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road, be rescinded; and -$- F,I TN(_J Appendix I Executive Committee Report EC 2005-06 09 3. That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road, be approved. CORPORATE SERVICES REPORT CS 29-05 APPOINTMENT OF SPECIAL BY-LAW OFFICERS 1822 WHITES ROAD 1. That Report CS 29-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and 2. That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. PROCLAMATIONS: "HEPATITIS C AWARENESS DAY" "HEPATITIS C AWARENESS MONTH" That Mayor Ryan be authorized to make the following proclamations: "Hepatitis C Awareness Day"- May 1, 2005 "Hepatitis C Awareness Month" - May, 2005 -9- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2005-07, dated Apdl 25, 2005, be adopted. Appendix I Executive Committee Report EC 2005-07 That the Executive Committee of the City of Pickering having met on April 25, 2005, presents its seventh report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 16-05 ZONING BY-LAW AMENDMENT APPLICATION A 4/04 162042 ONTARIO LIMITED 979- 983 KINGSTON ROAD SOUTH PART OF LOT 26, CONCESSION 1 PART 2, 40R-11222 (EAST OF THE POLICE CREDIT UNION, FRONTING SHEPPARD AVENUE That Zoning By-law Amendment Application A 4/04 to permit a four-storey, thirty-two unit hotel, submitted by 1612042 Ontario Limited, on lands being South Part of Lot 26, Concession 1, Part 2, 40R-11222, City of Pickering be NOT APPROVED. PLANNING & DEVELOPMENT REPORT PD 15-05 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP BY LAND SEVERANCE TANIA SPRING 1839 PINE GROVE AVENUE PART OF LOT 6, PLAN 282 & PART OF THE ROAD ALLOWANCE BETWEEN LOT 34 & 35 (PART 2, PLAN 40R-20388) That the request made by T. Spring, be APPROVED, to permit the division of the subject lands, being Part 2, 40R-20388 (known as 1839 Pine Grove Avenue), by land severance rather than a plan of subdivision, subject to Rockwood Drive being extended through the subject lands in a north-south direction. OPERATIONS & EMERGENCY SERVICES REPORT OES 08-05 ANTI-WHISTLING BY-LAW, ROSEBANK ROAD CROSSING 1. That Report OES 08-05 regarding prohibition of train locomotive whistling be received; and 7 Appendix I Executive Committee Report EC 2005-07 That the attached draft by-law be enacted to prohibit train locomotive whistling at Rosebank Road crossing (mileage 190.60) along the Canadian Pacific Railway Line, Belleville Subdivision; and That the Mayor and Clerk be authorized to enter into the necessary agreements with the Canadian Pacific Railway Company Limited to give effect to the cessation of train whistling at the above noted level crossing. OPERATIONS & EMERGENCY SERVICES REPORT OES 10/05 PICKERING DRAGON BOAT CLUB RACES - JUNE 4 & 5, 2005 AMENDMENT OF PARKNIG BY-LAW 2359/87 FOR PROHIBITING STOPPING ON PORTIONS OF BREEZY DRIVE AND OKLAHOMA DRIVE That Report OES 10-05 regarding a temporary by-law for prohibiting parking, standing and stopping on portions of highways under the jurisdiction of the City of Pickering be received and forwarded to Council for their approval; and That a by-law be enacted to amend Schedule 'A' By-law 2359/87 as amended regulating stopping restrictions and prohibitions on certain highways. OPERATIONS & EMERGENCY SERVICES REPORT OES 12-05 PROVINCIAL SECONDARY LAND USE PROGRAM - PSLUP RATIFICATION OF MUNICIPAL PUBLIC INTERESTS FOR HYDRO CORRIDORLANDS That OES 12-05 regarding the Provincial Secondary Land Use Program, be received; and That Council approve the City of Pickering's submission of future public interests on hydro corridor lands under the Provincial Secondary Land Use Program, as contained in Report OES 12-05; and That a copy of Report OES 12-05, be forwarded to the Regional Municipality of Durham to facilitate a joint municipal submission to the Ministry of Municipal Affairs and Housing; and That Council acknowledge that the City of Pickering's resolution(s), and its submission contained in the joint submission, will be a public document and will remain on file with the Ministry of Municipal Affairs and Housing. -8- PiCKERING Appendix I Executive Committee Report EC 2005-07 o PROCLAMATIONS: "AJAX-PICKERING BOARD OF TRADE MONTH" That Mayor Ryan be authorized to make the following proclamations: "Ajax-Pickering Board of Trade Month" - October, 2005 -9- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05, be FORWARDED to City Council for enactment. CORPORATE SERVICES DEPARTMENT CLERKS DIVISION MEMORANDUM April 15, 2005 To: Mayor Ryan and Members of Council From: Bruce Taylor City Clerk Subject: Zoning Application Submitted by Renata Trent to Perrnit a Body Rub Parlour at 905 Dillingham Road, Unit #3 At the Executive Committee Meeting of April 11, 2005, Council considered Planning & Development Report PD 14-05 that recommended approval of the Zoning By-law Application submitted by Renata Trent to permit a body rub parlour at 905 Dillingham Road, Unit #3. This matter was referred to the Council Meeting of May 2, 2005 and staff was instructed to provide Council with further information respecting areas where adult commercial facilities can be located. There are three by-laws that pertain to adult activities and the following is summary of each of those by-laws: Adult Entertainment By-law Number 4717/95, being the Adult Entertainment By-law, was passed on December 22, 1995 pursuant to Section 225 of the previous Municipal Act that allowed municipalities to pass by-laws to define areas where adult entertainment parlours may operate. This by-law restricts adult entertainment parlours generally to the Brock Industrial Area south of Bayly Street and excludes the lands upon which the Don Beer Arena is located and a buffer area around the Arena. I have attached a copy of the map defining the permitted area for adult entertainment padours as Attachment #1 to this memo. It is important to note that the Adult Entertainment By-law defines an adult entertainment parlour as "any premises or part thereof 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." Adult Commercial Facilities April 15, 2005 Page 2 The term "services designed to appeal to erotic or sexual appetites or inclinations" is further defined in the By-law as including "service of which a principal feature or characteristic is the nudity or partial nudity of any person." It is important to note that this By-law does not in any way govern body rub parlours or adult video stores. Body Rub Parlours By-law Number 5764/00, being the Body Rub Parlour By-law, was passed on October 16, 2000 pursuant to Section 224 of the previous Municipal Act that allowed Councils of cities to specifically licence, regulate, govern and inspect body rub parlours and to limit the number of licences to be granted. The Body Rub Parlour By-law restricts the location of body rub parlours to that portion of the Brock Industrial Area south of Highway #401. I have attached a copy of the map defining the permitted area for body rub padours as Attachment #2 to this memo. Please note that the permitted area for body rub parlours differs from the permitted area for adult entertainment parlours because it includes the portion of the Brock Industrial Area between Bayly Street and Highway #401 and it does not exclude the lands upon which the Don Beer Arena is located or a buffer zone around the Arena. It is important to note that although body rub parlours are restricted to the Brock Industrial area, when the By-law was passed on October 16, 2000, it "grandfathered" any existing body rub parlours that were either located outside of the permitted area or were not specifically zoned to permit a body rub parlour for a period of five years ending on December 31, 2005. It is further important to note that Renata Trent, who is the applicant in this Zoning By- law Amendment Application, has been operating a legally licenced body rub parlour from 905 Dillingham Road since the enactment of the Body Rub Parlour By-law in 2000. Adult Video Stores By-law Number 5828/01, being the Adult Video Store By-law, was passed on June 18, 2001 pursuant to Section 225 of the previous Municipal Act that allowed Councils of cities to licence, regulate, govern and inspect adult video stores, to limit the number of licences to be granted and to restrict the area to which adult video stores may be located. Adult Commercial Facilities April 15, 2005 Page 3 The Adult Video Store By-law restricts the location of adult video stores to properties that are adjacent to Kingston Road, except where it travels through the Town Centre area or within 250 metres of a school. The By-law goes on to restrict the number of adult video stores to three in the permitted area. I have attached a copy of the map defining the permitted area for adult video stores as Attachment #3 to this memo. Summary In summary, the above three by-laws are independent of each other and each of those by-laws have independent regulations and permitted areas to which the various adult activities are allowed. With respect to the Zoning By-law Amendment Application submitted by Renata Trent to permit a body rub parlour at 905 Dillingham Road, Unit #3, this establishment has been operating with a legal body rub parlour licence since 2000 and is being rezoned because its "grandfathering" status expires on December 31, 2005. This body rub parlour is being operated within the permitted area set out in By-law 5764/00 to licence and regulate body rub parlours and its location is not restricted by any distance requirements from establishment such as the Don Beer Arena or any church. Attachment Copy: Director, Planning & Development Manager, Development Review Manager, By-law Enforcement Services Bruce Taylor ATTACHMENT #1 PERMITTED AREA FOR ADULT ENTERTAINMENT PARLOURS 100m ~ COUR~ :OM£RY I I I I I I I PARK COURT CLEM£N3'~ ROAD ,RIVE I II / I I YORK--DURHAM CONTROL PL.,~NT ONTARIO HYDRO I. AKE ONTARIO ATTACHMENT #2 PERMITTED AREA FOR BODY RUB PARLOURS DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' TO BY-LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE LAKE ONTARIO ATTACHMENT #3 PERMITTED AREA FOR ADULT VIDEO STORES llllllllll PROHIBITED AREA ~" ll PERMITI'ED AREAS (PROPERTIES CONTIGUOUS TO KINGSTON ROAD) PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 14-05 IDate: March 24, 2005 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 16/04 Renata Trent 905 Dillingham Road Part of Lot 19, B.F.C Range 3 (Durham Condominium Plan 105) City of Pickering Recommendation: That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to add a body rub parlour as a permitted use to the lands located at the south-east corner of Quigley Street and Dillingham Road (see Location Map, Attachment #1). No alterations are proposed to the multi-tenant industrial condominium to accommodate the requested use (see Applicant's Submitted Plan, Attachment #2). The property is located in the area of the City, defined by Municipal By-law 5764/00, as an area where a body rub parlour use may operate, subject to obtaining zoning approval. The applicant has advised that they have operated from this property for the past five years and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City is not aware of any documented complaints respecting the use. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Renata Trent (A 16/04) March 24, 2005 Page 2 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 1.1 Comments Received At the January 20, 2005 Information Meeting (see text of Information Report, Attachment #3) Public Comments tenants from the industrial condominium where present, but did not speak; tenants submitted a list of issues and concerns with an attached petition signed by 11 tenants (see Attachment #4); Applicant's Comments no specific comments; - applicant's solicitor spoke on their behalf; - solicitor provided a written statement (see Attachment #5); 1,2 Agencies Durham Region Planning Department Veridian Connections conforms with Regional Official Plan; municipal water supply and sanitary sewer are available; no Provincial interests identified; (see Attachment #6); no objection (see Attachment #7); 1.3 City Departments - no specific comments. 2.0 Discussion 2.1 Use and Compatibility 2.i,1 Proposed use conforms to the Pickering Official Plan The applicant is proposing to add a body rub parlour as a permitted use. The subject property is designated "Employment Area - General Employment" in the Picketing Official Plan. This designation permits the proposed use to be considered. Approval of the rezonin9 would conform with the Pickering Official and the Region of Durham Official Plan. Renata Trent (A 16/04) March 24, 2005 Page 3 2.1.2 2.1.3 2.2 2.2.1 2.2.2 The site is suitable for the proposed use The proposed use is compatible with the surrounding land uses. The industrial condominium building site currently provides a total of 66 parking spaces. Based on our parking calculation of 1 space per 56 square metres of gross leasable floor area for industrial uses (3010 square metres), the, building requires 54 parking spaces. Therefore, due to the surplus of 12 parking spaces and offsetting hours of operation from regular business hours, the ability to share parking is possible. Furthermore, the application has received authorization from Durham Condominium Corporation 105 - Manager, Joe Ross, allowing the submission of Zoning By-law Amendment - A 16/04, and Mr. Ross advises that he does not object to the rezoning (see Attachment #8). The proposed body rub parlour use will have minimal impact The proposed use is located in an area of the Brock Industrial Neighbourhood that has no visual presence along the major transportation corridors of Brock Road, Clements Road or Bayly Street. Rezoning the property to include a body rub parlour as a permitted use would recognize an existing non-conforming use and bring it into compliance. Furthermore, the applicant has advised that the proposed use has operated from 905 Dillingham Road for the past five years (see Attachment #9), and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City, is not aware of any documented complaints respecting the use. Zoning By-law Performance Standards The proposed by-law will limit the gross leasable floor area The by-law will limit the gross leasable floor area of the body rub parlour use to a maximum of 160 square metres. The information report dated January 20, 2005, indicated the floor area to be 85 square metres, representing the ground floor area only. However, the unit contains a mezzanine lew.~l with a floor area of approximately 68 square metres for a total floor area of approximately 160 square metres. The intent of limiting the gross leasable floor area is to ensure that the proposed use does not occupy a significant amount of floor space within the condominium complex, thus becoming the primary use. A mix of uses will be maintained. The existing by-law will govern all other zoning requirements No further amendments to the current 'M2' zoning are proposed or required. The current by-law requirements will continue to apply to the property. Renata Trent (A 16/04) March 24, 2005 Page 4 2.3 2.3.1 3.0 Municipal By-law 5764/00 - Body Rub Parlours The proposed body rub parlour complies with the Municipal By-law & licensing requirements On October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulating of body rub parlours within the City of Pickering. The by-law includes a provision that restricts the location in which body rub parlours may be considered to operate. The restricted area is within the Brock Industrial Neighbourhood, subject to a zoning by-law amendment application being approved by the City. The subject property is located within the designated area as per Municipal By-law 5764/00 (see Attachment #10), and the business has been issued a 2005 Body Rub Parlour License from Municipal Law Enforcement Services. At the time of passage of Municipal By-law 5764/00 the City provided existing body rub parlours a "grandfather status" which permitted the business to obtain a license even though zoning-was not approved. This special status expires December 31, 2005. Consequently the applicant is requesting rezoning of the subject property to permit the continuance of the existing business. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Tenants Comments and Petition 5. Applicant's Solicitors Written Statement 6. Comments from the Region of Durham Planning Department 7. Comments from Veridian Connections 8. Condominium Board Manager Authorization Letter 9. Letter from Applicant 10. Municipal Body Rub Parlour By-law- 5764/00 Renata Trent (A 16/04) March 24, 2005 Page 5 Prepared By: Approved / Endorsed By: Neil'Carrol~~i~p Director, Planning & Development Lynda"Taylor, I~/CIP, RPP Manager, Devblopment Review GXR:Id Attachments Copy: Chief Administrative Officer Recom(Amcting) Chiee~-'C~~dt~h ~'lniS~roa~i~d~r~iti~rn of Picker~~ ~homas J. L~inn~ef A~d. ministr~tive Officer APPENDIX I TO REPORT NUMBER PD '14-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 16/04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO..~, ~ ~/¢¢ Being a By-law to amend a (Zoning) By-law 2511, to implement the Official Plan of tf~e City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105;), City of Pickering. (A 16/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit an additional use being a Body P, ub Parlour Use, on the subject lands, located in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering, designated "M2" on Schedule I attached to this By-law. 3. 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. 4. TEXT AMENDMENT Section 17 - Industrial Zone -"M2" is hereby amended by adding the following after subsection 17.4.3: 17.4.4 - Part of Lot 19, B.F,C. Range 3, (Durham Condominium Plan 105) (1) Definitions (a) For the purpose of this subsection "Body Rub Parlour" includes any premises or part thereof where a body rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (b) For the purpose of this subsection "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (2) -2- Provisions In addition to the provisions of Section 17.1 hereof, the lands designated "M2" on Schedule I to this By-law may be used for the purpose of a Body Rub Parlour in accordance with Section 17.2 provided that the following requirements are met: (a) the gross leasable floor area of all Body Rub ~ariours shall not exceed 160 square metres. 5. BY-LAW 2{ill By-law 2511 is hereby further amended only to the extent necessary, to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. day of Dave Ryan, ~ ,.. ::) Bruce ~'~ylor, Clerk SCHEDULE Z TO BY-LAW PASSED THIS DAY OF 20O5 MAYOR CLERK ATTACHMENT # .....I ' TO 3 0 REPORT # PD_ IH-C5 FY' ~' ORANGEBROOK © F._) o I ~ I PR~ QUIGLEY STREET _J r~ CLEM ENTS ROAD Gitg of ~ickorin~ ~lannin~ & De¥olopment Department OWNER D. TRENT ~ DATE NOV. !9, 2004 DRAWN BY JB FILE No. A 16/04 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-4 PA- ATTACHMENT ~ Z- ,, TO INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 16/04 - R. TRENT QUIGLEY STREET MAPPING AHD DESIGi',:, h~C)VEMBEF~ !~, 2004. 32 ATTACHMENT REPORT ~ PD INFORMATION REPORT NO. 01-05 FOR PUBLIC INFORMATION MEETING OF January 20, 2005 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 16/04 Renata Trent Durham Condo Plan 105, Level 1, Unit 3 (905 Dillingham Road) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 0.81 hectares in size, and located on the south east corner of Dillingham Road and Quigley Street (see Attachment #1 - Location Map); a 23 unit multi-tenant industrial condominium occupies the site; the property is surrounded by industrial-commercial uses. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to add a Body Rub Parlour as a use; this proposed use will occupy Unit #3 within the existing industrial condominium; total gross floor area of the existing industrial condorninium is 3,010 square metres; Unit #3 consumes approximately 85 square metres of the floor area (see Attachment #2 - Applicant's Submitted Site Plan). OFFICIAL PLAN AND ZONING Durham Reqiona! Official Plan the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area"; this designations goal is to establish Employment Areas and efficiently guide their development to obtain the greatest benefit for the Region; to increase job opportunities for the residents of the Region; Information Report No. 01-05 ATTACHMENT# ~ TO REPORT # PD //-/-6)5 Page 2 3.2 3.3 3.4 - Employment Areas shall be used for limited personal service uses; - the applicant's proposal appears to comply with this designation; Pickerinq Official Plan the subject property is designated "General Employment" within the Brock Industrial Neighbourhood; this designation permits a wide range of employment uses while allowing for limited personal service uses serving the area; Schedule II of the Pickering Official Plan- "Transportation Systems" designates Dillingham Road and Quigley Street as a Local Roads; Zonin.q By-law 2511 the subject property is currently zoned "M2" - Industrial Zone by By-law 2511/00; the current zoning permits the following uses: All commercial uses permitted under "MI"- Storage & Light Manufacturing; All industrial uses permitted under "MI" - Storage & Light Manufacturing along with a transportation terminal, manufacturing and industrial uses with limited outdoor storage; - the applicant is requesting to add a Body Rub Parlour use to the existing zoning; - the amendment would only apply to 905 Dillingham Road; Municipal By-law Pertaininq to Body Rub Parlours - on October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulation of body rub parlours within the City of Pickering; - the by-law includes a provision which restricts the location in which body rub parlours may be considered to operate, to the City's Industrial area, subject to a zoning by-law amendment application to permit the use (see Attachment #3 - Schedule "B" to By-law 5764/00); - the definition of a Body Rub Parlour is as follows: a "Body Rub Parlour" is defined as any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; 34 Information Report No. 01-05 Page 3 4.0 4.1 4.2 4.3 a "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. RESULTS OF CIRCULATION Resident Comments - no comments have been received; Agency Comments - no comments have been received; Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: Use · the compatibility of the proposed use within the existing industrial condominium; · examine compatibility with existing built form; · examine the entire site to ensure that all uses within the industrial condominium conform with the "M2" - Industrial Zone; · this zoning amendment will evaluate the appropriateness of the requested use; Parkinq · assess the current parking supply on-site and will examine the potential effects that this proposed use may have on the parking supply; Zoninq determine whether or not floor-space limitations for the proposed use should be included in any zoning by-law; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. Information Report No. 01-05 ATTACHMENT ~' ~ TO REPOR'I' # PD /z/.-~,.~- .......... Page 4 35 5.0 6.0 6.1 6.2 6.3 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; 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; Property Principal & Leasee - the principal of 905 Dillingham Road is Joe Ross, the leasee of 905 Dillingham Road, Unit #3 is Renata Trent represented by Noel D. Gerry. ORIGINAL SIGNED BY' ORIGINAL SIGNt~ BY Geoff Romanowski, CPT Planner I GXR:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development 36 APPENDIX NO. I TO INFORMATION REPORT NO. 01-05 COMMENTING RESIDENTS AND LANDOWNERS (1) no comments received to date; COMMENTING AGENCIES (1) no comments received to date; COMMENTING CITY DEPARTMENTS (1) no comments received to date; REPORI ~ o7 The owners .and tenants of 905 Dillingham Road have a wide range of problems with the operation of the body rub parlor 1. The late operating hours bring a lot of traffic to our building very late at night there is constantly beer cans and trash left behind and on many occasions customers have been seen urinating on and arotmd the building. 2. The parking in the building doesn't allow for the amount of cars there business brings. The employees and customers park in areas not designated to parking and in the spaces assigned to the other units. 3. It is also the belief of the owners that the values of our properties are compromised by having this type of business in the building. There is always a group of scantly clad women out front smoking. As an owner who was recently selling one of my unit~ I can tell you first hand that two potential buyers were turued off the unit because of the presence of this type of massage parlor. If you are wondering what is meant by "this type of massage parlor" it would only take a few seconds on there web site to know what there all about. Thank you Owners and Tenents 38 The following are tenants and or owner/members of the Condominiun Corporation at 905 Dillingham Road By show of sig~natures would like to appose the application for a zoning amendment Made by Renata Trent to add a body mb parlour as a pennitted use NOEL D. GERRY BARRISTER & SOLICITOR By Fax (@05) 420-4511 a'nd Hand Delivered 2,TTA.~FIMEN~ #_~ REPORt # Pt) ~ SD Rlchmmnd Street East Suite ~Yl00 Toronto, Ontario IV/SO 1 N7 Telephone; 416.972.1151 Fa~: 4.16.362~J954 o9 January 20, 2005 Corporation of the City of Picketing One The Esplanade Picketing, Ontario LIV 6K7 Attention: Mr, Bruce Taylor, City Clerk Dear Sir:. Re: Zoning Amendment Application A16104 9DS Dillingham Road, Unit #3 ' 1 act for the Owner/Applicant, Ms. Renata Trent. Please accept and put forward for consideration by Council these ~dt[en submissions, which are provided in accordance with subsection 34(14.1) of the Planning Act. The Applicant seeks an amendment to the current zoning by-taw governing 905 Dillingham Road to allow for a body-rub Parlour'as a permitted use at the said premises. The Applicant has operated a duly licensed body-rub parlour at 905 Diltingham Road, Unit #3 for approximately five years. Body-rub padours are governed under City of'Pickering By-law 5764/00. in addition to setting out various requirements for the obtaining of a body-rub padour licenoe, the By~ taw. sets out the area or areas in which body-rub parlours may operate within the geographi~ limits of the Otty of Picketing. The 'Municipality did not enact a corresponding zoning by. law at the time of the passage of its licensing by-law, thus creating a situation where operation of the business under the licence results in a zoning violation (please see Treesann Management Inc. v, Town of Richmond Hill, · where an adult entertainment parlour by-law was quashed on that basis).· The City has, afterfive years of licensing the activity at the subject location, put ~he AppIican~ on notice that it must seek an 'amendment to the zoning by-law to allow for its continued lawful operation. The subiect premises already fails within the licensing zoneestablished by By-law 5764/00. By granting this application for a zoning amendment, Council would.simply be correcting the omission that was made in failing to enact a corresponding zoning by-Jew at .the time of the passing of By-law 5764/00. ~t Js presumed that Council already considered the. planning related implications of allowing the use at the subject premises when j[ passed By-taw 5784/00, The subject premise is located in what is primarily an industrial zone, away from residential uses, The .parking provided atthe site is sufficient to support all of the uses carried on in the. various industrial/commercial condominium units, Other impacting factors, such as hours of operation and signage are operational in nature and jurisdictionally Would fall under the rubrfc of licensing as opposed to planning or zoning. From a planning Perspective, it is respectfully submitted that there would be no reason to deny the application. I have had an opportunity to review the petition letter submitted by some owners and residents of 905 DiI'Iingham Road. In response to the concerns raised please note the following:' 1. Hours of operation are regulated through licensing by-laws and not an appropriate consideration for this. application- 2. Parking is sufficient to support the amount of c~stomers that attend the business. Disputes over designated parking spots are an inl~ernal matter for the condcmini~Jm corporation. 3. The alleged negative effect on property values is' unproven and irrelevant to the zoning amendment application. 4, The reference to 'this type of massage parlor'" is curious. My client is operating a licensed body-rub parlour which by statutory definition Js an adult entertainment establishment, tt has been'~tuly licensed as suuh for five years and my client makes no pretense that ~ is anything else but what it holds itself to be. Considerations of the moralfty of my client's business are cleady not relevant to this application. 5. A representative of the condominium 'corporation provided' a tether permitting the .application. 6. The signatories of the petition do not comprise fifty percent Of the overall unit holders in the condominium corporation.. -3- It is submitted that from both a legal and planning perspective, allowing the application for an amendment to ~he current zoning by-law would be sound and prudent. All of which ii respectfully submitted along with the letter of Ms. Renata Trent dated January 6, 2005. 4,% Januaw 12,2005 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4T" FLOOR, LANG TOWER Geoff Romanowski, Planner Pickering Civic Complex One The Esplande Picketing, Ontario L1V 6K7 Mr. Romanowski: Re: Zoning Amendment Application A16/04 Applicant: Renata Trent Location: 905 Dillingham Road, Unit 3, Pickering Part Lot 19, Concession BF Municipality: City of Picketing WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7;731 Fax: 905-436-66t2 E-maih planning@ gion.durham.on.ca www.region.d urham,on.ca A.L, Georgieff, MCIP, RPP Commissioner of Planning This application has been reviewed by the Region of Durham and the fOllowing comments are offered. The purpose of this application is to amend the existing zoning of the subject property from "General Industrial (M2)" to add a body rub parlour as a permitted use. ReRional Official Plan The lands subject to this application are designated 'Employment Area' in the Durham Regional Official Plan. Limited personal service uses may be permitted within this designation. Re.qional Services Municipal water supply and sanitary sewer services are available to the site'. Provincial Policies & Dele.qated Review ResponSibilities This application has been screened in accordance with the terms of the provinCial plan review responsibilities. There are no matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. ./ Dwayne Campbell, Planning Analyst Current Operations Branch cc: Peter Castellan. Regional Works Department "Service ,Excellence for our Communities" N:\pim\dc~oning~Comments\Pickering~16-04.doc O0 r-'ost Consum,~, ,ATTACHMENT REPOR~ ~ PD VERIDIAN CONNECTIONS 7E~ 0!2005 I)EVI~LOP1Vi]~NT APPLIC_/kTION R.E'VI]~'~7 C~TY OF PtCKERING L ~D~SS/PMN; 905 D~gham MUNICIP~Y: Picke~ ,NO.: A 16/04 SUBMISSION Thc existing icrc-ice m d~ 5uildiag may be i~aclcquate, Dctail~ red,dog · s~ce up~c cm be obt~M ~om our offices, Ved~n Co.actions has no obiecfion m ~e proposed devdopment, Please fo~d a copy of ~st sub~ssion d~ desi~ so ~at Vcg~ Conaecaons may p~epaCe an ~ec~cal de~i~ md ~ Offer Elec~cal d~m~gs am r~uimd (3/6) mon~s p~o, to dac~c~ saucing date, 43 Technical Repze~et~tazive - Ken G'allen .phone 427-9870 Ext. 3262 PP/df 44' DCC 105 October 26, 2004 To Whom It May Concern: NOV 2 3 PLANNIN,~ AND DEVELOPMENT [~EPARTMENT I am aware that Renata Trent~ owner of unit #3 in Durham Condominium Corp 105, located at 905 Dillingham Rd. in Pickering is applying to have th ~mise rezon~ for the use of Massage Therapy (body rub). Currently our zoning is lV'M~nd as Manager of the Building I would not o..bje~ as long as this falls within our bylaws and would automatically change back to ~~'~ould. this business cease to exist. (~.~ OSS Manager of DCC 105 B, URB2~.2~5 CONDO?~[I[N][UM COPd>OP~z~TfON 105 905 Dil!ingham Road. Pic.kering, Omario. L I\V ;XI January 6, 2005 His Worship Mayor David Ryan City of Pickering And I-Ionourable Members of Council Corporation of the City of Pickering One The Esplanade ?ickering, Ontario LIV 6K7 Dear Sirs: Re: Application for Re-Zoning 905 Dillingham Road, Unit #3 My name is Renata Trent and I am the owner of?ickering's Angels iocated at 905 Dillingham Rd., Unit #3 in Pickering Ontario. As you are aware, we are applying for an amendment to the existing zoning by-law applicable to the premises to allow for the specific use of a body-rub parlour. My establishment has been fully licensed for the past 5 years (we just received the licence for the year 2005) and I am the owner of the condominium unit in which the business is located. The location of my establishment is within the defined area where body-rub parlours may be licensed pursuant to Schedule "B" of City of Pickering By-law 5764/00 and all that is now required is site specific permission for the contemplated use to allow for future compliance with the City's zoning by-laws. I take great pains to ensure that all the regulations applicable to body-rub parlours outlined in By-law 5764/00 are complied with on a regular basis. All of my employees are licensed, legally permitted to work in Canada and over the age of eighteen. There are no minors allowed in the premises, either as customers or attendants. As vCell, all of the employees have provided the licensing department with a criminal background check and proof of a medical examination upon obtaining their body-rub iicences. I take pride ih the fact that we have a good record with the police and City by-law enforcement officers and in the fact that we are on good terms with our fellow condominium owners. My staff and I run this business in a quiet, clean, discreet and respectful manner and I personally promise to ensure that that trend continues, if you see fit to vote in favour of this application. If you have any questions or concerns in respect of this application, please feel free to contact me directly. Otherwise, I thank you in advance for taking the time to consider these comments. Yours very truly, Renata Trent i-'ICK F, .NG OFFICE CONSOLIDATION BODY RUB PARLOUR BY-LAW BY-LAW NUMBER 5764/00 Passed by Council on October 16, 2000 Amendments: By-law date passed 5783/00 December 18, 2000 December 18, 2000 section amended Schedule "B" Schedule TIlE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5764/00 Being a by-law to licence and regulate body-rub parlours in the City of?ickering. WHEREAS pursuant to Section 224(I) of the Act R.S.O. 1990, c.M.45 by-taws may be passed by the councils of cities for licensing, regulating, governing and inspecting body- rub parlours and for revoking or suspending any such licence and for limiting the number of Iicences to be granted; and ~ WHEREAS section 224(2) of the said Act provides for a by-law passed under this Section to regulate the si~ or other advertising devices for body-mb parlours; WHEREAS Section 224(3) of the said Act further provides for a by-law defining the area or areas in a city in which body-mb paflours may or may not operate and ma2,' limit the number of licences to be granted in respect of body-rub partours in any such area or areas in which they are permitted; and WHEREAS Section 224(4) of the said Act provides for by-laws to be passed prohfbiting the premises to be constructed or equipped in such a manner as to hinder or prevent the enforcement of the by-law; and WI4EREAS Section 224(5) of the said Act provides for enrD' by a medical officer of health or a public health inspector acting m~der his or her direction or a peace officer where there is reason to suspect that a breach of O.e by-!m~:, has occurred and such enm,, may be made a~ any time of the day or nighl for the purposes of carryh~g out th~ enforcement of the by-law; and ¥~ ~rHERJEAS Section 224(6) of the said Act provides fbr a by-law to be passed prohibiting an,, person under the age of 18 years to enter or remain in the bOdy-rub parlour or an>., pan thereofi 45 NOW THEREFORE THE COLrNCIL OF THE CORPORATION OF THE CITY OF PICKEtLING HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, (a) "Body-rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (~) "Body-rub parlour" includes any premises or part thereof where a b'ody- mb is performed, offered or solicited in pursuance of a trade, calling, business or occupatior/, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (c) (d) (e) (f) "Body-rubber" includes any person who performs, offers, solicits or receives a Body-Rub. "i "me ..... C ty ans the Corporauon of the C~ty of P~ckenng. "Council" means the Council of the Corporation of the City 6fPickering. "Manager" m~ans the Manager of the By-law Enforcement Services Section or, in his or her absence, any 'person authorized to fulfill the responsibilities of the Manager. (g) "Owner" when used in reference to a body-rub parlour means a person who alone or with others has the right to possess or occupy a body-rub parlour or actually does possess or occupy a body-rub parlour, and includes a lessee of a body-mb parlour or premises upon which a body-rub parlour is located. (h) "Operator" when used in reference to a body-mb parlour refers to any person who alone or with others operates, manages, supervises, runs or controls a body-mb parlour and "operate", "operation" and other words or like import or intent shall be given a corresponding meaning. LICENCE REOUIREMENT There shall be taken out by every, owner and every operator of a body-rub parlour a iicence from the City authorizing him or her to can'y on such bus/ness in the City, for which Iicence the person obtaining same shall pay to the City, at or before the time of taking our such licence, the fee fixed by this By-law, and no person shall, within the limited of the City, carry on or engage ~ such business until he or she has procured such Iicence to do so. DEFINED AREAS 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 area in which a body-rub parlour may operate and no body-rub parlours are permitted to operate ha any other.area or areas of the City. APPLICATIONS FOR LICENCEg 6o Applications for the issuance or renewal of a licence for a body rub parlour for any given year must be received by the Manager, in the form prescribed by the Manager, on or before the 31rt day of December for the next ensuing licence and calendar year. ' The applicant shall, at the time of filing of the appiication~ deliver to the Manager cash, money order or certified cheque in the amount of the licorice fee, fixed pursuant to Schedule" "' ' A of tins By-law, for every licorice required under this By- law or for the renewal thereof. No licence shall be issued for a body rub parlour on premises where the City's Zoning By-laws do not permit the use of those premises for such purposes. (a) On every application for an owner's, operator's, or body-rubber's licence or the renewal thereof, the applicant shall attend in person and not be an agent, at the office of the Manager and shall complete the prescribed forms and shall furnish such. information as may be directed. (b) In the case of a body-rub parlour owned or operated by a partnership, the attendance required under Subsection (a) of this Section shall be by one of the partners and in the case of a body-rub p~rlour owned or operated by a corporation such attendance shall be by an officer of the corporation. (c) Every applicant for a body-rubber's Iicence shall submit with their application two (2) passport size photographs of his face, one of which photographs shall be attached to the licence and the other which shall be filed with the Manager, and upon application for renewal of any licence, the applicant shall furnish new photographs if required to do so by the Manager. (d) Every applicant for an owner's licence shall, at the time of making his application, file with' the Manager a list showing the names and addresses and birth dates of all operators and body-rubbers employed by or performing services in his body-rub parlour. (e) Every individual, panner, or other person referred to in this Section, shall file with or produce to the Manager proof of age, if required to do so by the Manager, and no such licence shall be issued unless the Manager is satisfied that eve .fy person is of the full a~e of eighteen years. It shall be the du5~' of eve~, member of a partnership to advise the Manager immediately in writing of any change in the membership of the l*mZnership an~of any other change ix] any of the particulars relating to the ~armershiv or /ts business including the names, addresses and birth dates o£ all n~w parme~s which are required ~o be filed with the Manager and Councit ma.~., m its discretion, determine whether the ticence or iicences shall be revoked. 5O 10. Every. perso.n K~piying for a body-~'~bber.'s !icence or renewal thereo}} shall deliver or have delivered to the Manager;, prior to kis licorice being issued or renewed, a certificate on a frown, Supplied by the Manager, si~ed by a duly qualified medical practitioner within one (1) month immediately prior to the date of the application certifying that such person is free from communicable diseases and is medic~.lly fit to perform or receive body-mbs. (a) A separate owner's licenee shall be taken out in respect of each body-rub parlour. (b) A separate operator's licence shall be taken out in respect of each body- 'mb parlour. (c) Each owner, owner/operator, and operator shall if they perform, offer, solicit or receive a body-mb be licenced as a body-robber pursuant to the provisions old, is By-law. REGULATIONS APPLICABLE TO BODY-RUB PARLOURS 11. (a) 12. 13. No owner of a body-mb parlour shall permit any person other than a licenced operator to operate such body-mb parlour. ' (b) No owner or operator shall permit any body-mb to be performed, offered, or solicited in the pursuance of a trade, calling, business or occupation, upon or at his body-mb parlour, by any person other than a licenced body- robber. (c) No body-robber or other person shall perform, offer or solicit body-mbs in any body-parlour unless the owner of the said body-mb parlour, and the operator, if any, of the said body-mb parlour is duly licenced as owner or operator respectively under this By-law, (d) No operator shall operate the said body-mb parlour unless the owner of the said body-mb parlour is duly licenced as an owner under this By-law. (e) No operator may operate a body-mb parlour unless he first notifies the Manager of the name of the owner whose body-mb parlour he intends to operate and has endorsed upon his licence the said owner's name accordingly, and every operator, before operating any other body-mb parlour, shall notify the Manager of his intention so to do and have hi~ licence endorsed accordingly. Every owner and operator shall keep hi~ licence issued in respect of that bod)}-mb parlour, exposed in a conspicuous place in the interior of this ~id premises at ali times during the currency of the ticence. Every, o,~mer, operator or body-robber who changes his address shall, wi~in four (4) days after such change, attend at the office of the Manager and notify the M~ager of such change of address and produce his Iicence fo~ the change ~o be entered thereon. No o~mer or operaror shalJ perform or provide an5, sen,ice or serx, ices or pc,whir tn~~ perfbrrning or prox,idm~ of an), 'service or ser~,-ices in am bo~-,.,-r&~ r~ariou~' which is constructed or equipped so as to hinder or prevent ihe er~forcer~uent of this By-law. 16: I7. 18. 19. (a) Ever>., body-mb or ,)the.? .se,wice per/brmed in a body-rub o~triour shall be given in an individual room of cubicle, b6t no ortner db operator' shall cause or permit the door or other means of access to any room or cubicle where body-mbs are or may be provided, to be equipped or constructed with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to suih room or cubicle. . (b) No person shall permit the obstructio.~, hindrance or delay of any person attempting to gain entry into a room or cubicle in a body-rub parlour in which, a service is or may be Provided in respect of such body-rub parlour. Every owner Who operates their own body-mb parlour and every operator of a body-mb parlour, in the operation of the body-rub'parlour, shall ensure that: (a) (b) (c) (d) (e) (g) adequate toilet and washroom accommodations are provided in accordance with the Building Code as mended from time to time issued pursuant to the Building Code Act, 1992, S.O. 1992 c.23; the body-rub parlour is kept in a clean and sanitary condition; every table, mat or other surface upon which persons lie or sit while being given or provided with a body-rub shall be clean and in good repair, and shall have a top surface of impervious maiefial; every table mat or other surface referred to in Subsection (c) hereof shall be covered with a fresh, clean individual paper or cloth ~heet before any person receives a body-rub thereon; every sheet or towel shall, immediately after being used by any person, be deposited in a receptacle reserved for that purpose and shall not be utilized again for any purpose before being freshly laundered. all exterior signs and advertisements relating to the body-rub parlour shall comply with all applicable law. the signage referred to in subsection (f) herein shall not contain any offensive words or graphics. Every owner or operator of a body-rub parlour shall post and keep posted in a prominent location inside the body-mb parlour, signs sufficient to indicate clearly to every person in the body-mb parlour, that no person under the age of eighteen years is permitted to remain in such body-mb parlour or part thbreof. No or/ruer, operator or body-rubber shall perform or permit to be performed a body,mb in any body-rub parlour by or upon any person whom he has reasonable cause to suspect has been exposed to or is suffering from an3' communicable disease, including an3, communicable skin disease. Every owmer, operator, body-rubber or other person performing sept'ices iq, at or upon a body-mb pkrlour or in attendance at a body-rub parlour in pursuance of trade, calling, business or occupation carried on by the owner, or operator of such body-rub parlour, shall, upon a request made to l~in~ by any Peace Officer. Law Em%rcement Officer or Public Health Inspector acting under the direction of the Medical Officer of Health. provide his name and residential address, and if he is liceneed under this By-law in respect of any trade, calling, business or occunation relating to such body-rub parlour, he shall produce his said iicence. 5£ 20. A '?sace Officer.' or Public Health 'Inspector acting .'.ruder the direction of the Medical Officer 6f Health, may emer and inspect all areas of a body-rub'parlour, at any time of the night or day, for the.purposes of carry/ng out the enforcement of this By-law. 21. The offering, selling, giving, performing or Soliciting of any service and the selling, giving, trading or offering of any goods in a body-rub parlour, shall comply to all applicable law. 22. (a) No person under the age of eighteen may be or act as an owner or operator of a body-mb parlour or provide any services in a body-mb parlour. (b) No person may provide a body-mb or any other Service in a body-mb parlour to a person who is under the age of eighteen years. No owner or operator shall permit any person under the age of eighteen to enter or remain in any body-mb parlour owned or operated by him. PENALTY 23. (1) (2) Every person ~;no contravenes any provision of this by-law, and evry director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is oliable to a fine, exclusive of costs, not exceeding $25,000.00. 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 24. 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-taw, 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 taw. EFFECTIVE DATE OF BY-LAW 25 This by-law shall take effect on January 1,2001. By-law read a first, second and third time and finally passed this 16th day of October, 2000. {slimed) Wa~.e Anhurs Wayne Arthurs, Mayor Isi~ed'~ Brc~c.~ 7avie:, Bruce Taylor, Clerk SCHEDULE "A" TO BY-LAW NU1VIBER 5764/00 Body-Rub Parlours: First Lieenee: Owner/Operator: Owner who does not operate: Operator other than Owner: Body-Rubber $1,500.00 $1,400.00 $100.00 $100.00 For the term of any ticence period e~piring December 3 l*t of any year. Renewal: Owner/Operation: $100.00 Owner who does not operate: $I00.00 Operator other than Owner: $100.00 Body-Rubbers $100.00 53 SCtIEDULE "B" TO BY-LAW NUMBER 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' TO BY-LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Awareness & Education for AIDS Day" - May 14, 2005 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM April 6, 2005 To: From: Subject: Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Part Lot Control By-Law Glen Eden Developments Ltd. Part of Blocks 7 and 13, Plan 40M-1599, Pickering designated as Parts 1 and 5, Plan 40R-21767 File: PLC.40M-1599 The above-mentioned lands are being developed in accordance with the appropriate Zoning By, Law in such a manner to allow the construction of a pair of semi-detached dwelling units thereon. Attached hereto is a location map and a By-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act. It should be noted that By-law 6319/04 was enacted to exempt these lands from the provisions of the Planning Act on April 26, 2004; however, the builder was unable to convey the lands into separate ownership prior to that By-law expiring. Accordingly, a new By-law should be enacted, extending the timeline to convey, and therefore, thus permitting transfers of those units into separate ownership. This By-law is attached for the consideration of City Council at its meeting scheduled for May 2, 2005. DB:bg J:\Documents~Prop & Dev\PLC~sect40M-1599\memos\MEMOTOBRUCE,2 doc Attachments Denise Bye .f THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6513/05 Being a By-law to exempt those parts of Blocks 7 and 13, Plan 40M-1599, Pickering, designated as Parts 1 and 5, Plan 40R-21767 from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the By-law; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Those parts of Blocks 7 and 13, Plan 40M-1599, Pickering, designated as Parts 1 and 5, Plan 40R-21767. This By-law shall remain in force and effect for a period of one year from the date of the passing of this By-law and shall expire on May 2, 2006. BY-LAW read a first, second and third time and finally passed this 2nd day of May, 2005. David Ryan, Mayor Bruce Taylor, Clerk ROWNTREE CRESCENT RATHMORE CRESCENT CULROSS AVENUE MEADOW ROAD PROPERTY RO ..... : D.~,-dPTI~N PAP.~T OF ~,'%.~ T .& '¢3, ~LAN 401V!.-1599, DESiGANTED AS PARTS I & 5, 48R-2!76~ ~ DATE APRIL 5, ~O0 ~ DRAWN BY JB ~ FILE No. PART LOT'CONTROL SCALE 1:5000 ~ CHECKED BY DB ~ ' FOR DEPARTMENT USE ONLY PN-1O PA- ' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6514/o5 Being a By-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. (A 16/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit an additional use being a Body Rub Parlour Use, on the subject lands, located in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering, designated "M2" on Schedule I attached to this By-law. 3. 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. 4. TEXT AMENDMENT Section 17 -Industrial Zone -"M2" is hereby amended by adding the following after subsection 17.4.3: 17.4.4- Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) (1) Definitions (a) For the purpose of this subsection "Body Rub Parlour" includes any premises or part thereof where a body rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (b) For the purpose of this subsection "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (2) -2- Provisions In addition to the provisions of Section 17.1 hereof, the lands designated "M2" on Schedule I to this By-law may be used for the purpose of a Body Rub Parlour in accordance with Section 17.2 provided that the following requirements are met: (a) the gross leasable floor area of all Body Rub Parlours shall not exceed 160 square metres. 5. BY-LAW 2511 By-law 2511 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. 2nd day of Dave Ryan, Mayor Bruce Taylor, Clerk SCHEDULE I TO BY-LAW 651~/05 PASSED THIS __ 2nd DAY OF_ Ma_v_ 2005 MAYOR' CLERK PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Date To: From: Subject: April 15, 2005 Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law Hans Woitzik Block 24, Plan 40M-1727 File: Roadded.441/RE0303 In 2003, staff received a letter from the Solicitor for Hans Woitzik requesting that the City accept a conveyance of Part 4, Plan 40R-11904, creating a natural severance of Mr. Woitzik's property, with Parts 1, 2 and 3, Plan 40R-23174 and Part 5, Plan 40R-11904 becoming two separate parcels of land, independent of one another. On November 17, 2003, Council passed Resolution 155/03, authorizing the conveyance from Mr. Woitzik to the City of Part 4, Plan 40R-11904 subject to certain conditions. One of those conditions was that Mr. Woitzik pay all of the appropriate fees relating to the preparation and registration of a By-law to lift the 0.3 metre reserve along Sandhurst Crescent (Block 24, Plan 40M-1727) which reserve fronts Parts 1, 2 and 3, Plan 40R-23174 and another was that Mr. Woitzik enter into an Agreement respecting any future development of the lands fronting Sandhurst Crescent. As the required road dedication fees have been paid and the conditions set out in the Agreement respecting the future development of Parts 1, 2 and 3 have now been complied with, it is appropriate to enact a By-law dedicating Block 24, Plan 40M-1727 as public highway thereby giving Mr. Woitzik legal access to his property from Sandhurst Crescent. This By-law is in the form usually used in such cases and is attached for the consideration of City Council at its meeting scheduled for May 2, 2005. DB Roaddedlsec~ion4411memo Attachments Denise Bye / Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 65J5/05 Being a By-law to dedicate Block 24, Plan 40M-1727, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 24, Plan 40M-1727, 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 24, Plan 40M-1727, Pickering is hereby dedicated as public highway (Sandhurst Crescent). BY-LAW read a first, second and third time and finally passed this 2nd day of May, 2005. David Ryan, Mayor Bruce Taylor, Clerk Roadde~44~ SPAF~RC PARTS PART 5 1,23 40R-2§174 City of Pickering Planning & Develo PINE GROVE 2ment Department PROPERTY DESCRIPTION BLOCK 24, PLAN 40M-1727 OWNER H. WOITZIK FILE No. ROADDED. 441 DATE APR. 12, 2005 DRAWN BY JB SCALE N.T.S. CHECKED BY DB THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO6516/05 Being a by-law to prohibit the sounding of train whistles at Rosebank Road crossing of the Canadian Pacific Railway line, Belleville Subdivision. WHEREAS, pursuant to Section 129 of the Municipal Act, 2001, S.O. 2001, C.25 as amended, by-laws may be passed by the councils of local municipalities for prohibiting or regulating, with respect to noise; and WHEREAS, Guideline Number 1 of the Railway Safety Directorate of Transport Canada sets out the appropriate procedure for the banning of train whistling at public railway crossings; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The sounding of train whistles is hereby prohibited at the Rosebank Road crossing of the Canadian Pacific Railway line, more particularly described as Mileage 190.60 of the Canadian Pacific Railway line, Belleville Subdivision This By-Law shall come into force at the time of final approval by the Canadian Pacific Railway line and Transport Canada. BY-LAW read a first, second and third time and finally passed this2nd day of Flay, 2005 Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 651 ?/05 Being a by-law to further amend by-law 2632/88 to provide for erecting of Stop signs at certain intersections within the City of Pickering WHEREAS, Pursuant to section 27(1) of the Municipal Act 2001, S.O. 2001, c. 25 as amended, the council of the Corporation of the City of Pickering may by by-law provide for the erection of stop signs at the intersections on highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of highways set out in Column I of Schedule A to By-law 2632~88, facing the traffic bound in the directions set out in Column II of the Schedule. Schedule A to By-law 2632~88, as amended, is hereby further amended by adding hereto the following items: Column I Intersections Rosebank Road and Granite Court Column II Facing Traffic Northbound and southbound on Rosebank Road BY-LAW read a first, second and third time and finally passed this 2nd day of F~ay 2005. Dave Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5518/05 Being a By-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. WHEREAS, pursuant to the provisions of Section 11 of the Municipal Act, S.O. 2001, the council of a lower-tier municipality may pass by-laws for regulating highways, including parking and traffic on highways and; WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS the Dragon Boat Race event is scheduled to take place at the Pickering Bruce Hanscombe Memorial Park on June 4th and 5th, 2005; and WHEREAS the Dragon Boat Race event generates significant vehicular traffic in the Westshore area; and WHEREAS it is deemed expedient to amend By-law 2359/87, as amended, to establish temporary "no stopping" zones along sections of Breezy Drive and Oklahoma Drive to provide for an unencumbered route for emergency vehicles; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Notwithstanding By-law 6335/04, as amended by By-laws 2359187, 2386/87 and 5570199, Schedule "A" to By-law 6335~04 is hereby further amended to prohibit stopping on sections of Breezy Drive and Oklahoma Drive for the period of June 4th and 5th, 2005, by adding thereto the following items: Hi~qhwav Breezy Drive Breezy Drive Oklahoma Drive Side Between/And Prohibited times Both Both Both West Shore Blvd. to 20 m east of Essa Crescent. Oklahoma Drive And 55 m north of Breezy Drive. West Shore Blvd. To Breezy Drive. and days June 4thand 5thof 2005 June 4thand 5th of 2005 June 4th and 5th of 2005 6 i~) 4. This By-Law shall come into force on June 4, 2005 and shall expire on June 6, ,, 2005. BY-LAW read a first, second and third time and finally passed this 2nd day of May 2005. -- David Ryan, Mayor Bruce Taylor, City Clerk C0RP0227-07/01 NOTICE OF MOTION DATE: MAY 2, 2005 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR MCLEAN WHEREAS concerns have been raised by members of the taxicab industry pertaining to how the City of Pickering regulates their industry and the need to develop guidelines that will result in a standard of best practices; and WHEREAS it is the desire of the members of the taxicab industry to have open communication with Members of Council and staff of the City of Pickering; and WHEREAS it has been proven in other GTA municipalities that such communication can be achieved through the creation of an Advisory Committee; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby establishes an Advisory Committee with a mandate to review the existing Taxicab By- law as well as other issues that may be brought to the Committee's attention; and FURTHER THAT the Advisory Committee be comprised of: · two Taxicab Drivers · two Taxicab Owners · one member from the industry at large · two Members of Council · appropriate staff of the Clerk's Division and By-law Enforcement Section CARRIED: Btaylor:Notices of Motion:Taxicab Advisory Committee MAYOR