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January 22, 2001
ICKERING AGENDA EXECUTIVE COMMITTEE AGENDA EXECUTIVE COMMITTEE MEETING MONDAY, JANUARY 22, 2001 7:30 P.M. CHAIRMAN: Councillor Johnson (I) ADOPTION OF MINUTES Regular Meeting of January 8, 2001 MATTERS FOR CONSIDERATION PAGE PLANNING & DEVELOPMENT REPORT #03-01 ZONING BY-LAW AMENDMENT APPLICATION A 19/00 MORLEY BLACK ESTATE (PETRO CANADA) PART OF LOT 23, CONCESSION 1 PARTS 1 AND 2, PLAN 40R-4643 (SOUTH-WEST CORNER OF KINGSTON ROAD AND LIVERPOOL ROAD) 1-21 PLANNING & DEVELOPMENT REPORT #02-01 ZONING BY-LAW AMENDMENT APPLICATION A 23/98 1089375 ONTARIO LIMITED SOUTH PART OF LOT 18, CONCESSION 1 (NORTH SIDE OF BAYLY STREET, EAST OF BROCK ROAD AND WEST OF TOY AVENUE) 22-38 PLANNING & DEVELOPMENT REPORT #01-01 ZONING BY-LAW AMENDMENT APPLICATION A 18/00 OLD FOREST INVESTMENTS LTD. PART OF LOT 18, RANGE 3, B.F.C. 39-64 CLERKS REPORT/tO 1-01 DISSOLUTION OF THE PICKERING/ONTARIO HYDRO LIAISON COMMITTEE 77-79 o CLERKS REPORT #02-01 APPOINTMENT TO PUBLIC LIBRARY BOARD 80-85 o CLERKS REPORT #03-01 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT DISCOVERY PLACE, DCC #106 AND 93, 1880 AND 1890 VALLEY FARM ROAD 86-90 (III) OTHER BUSINESS (IV~ ADJOURNMENT 001 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendmem Application A 19/00, submitted by Petro-Canada, on lands being Part of Lot 18, Concession 1, City of Picketing, to amend the existing zoning to include a retail store associated with a gas station facility on the subject lands, be APPROVED, subject to the conditions included in Appendix I attached to Report No. PD 03-01. 002 REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: January 9, 2001 REPORT NUMBER: PD 03-01 SUBJECT: Zoning By-law Amendment Application A 19/00 Morley Black Estate (Petro Canada) Part of Lot 23, Concession 1 Parts 1 and 2, Plan 40R-4643 (South-west comer of Kingston Road and Liverpool Road) City of Picketing RECOMMENDATION: That Zoning By-law Amendment Application A 19/00, submitted by Petro-Canada, on lands being Part of Lot 18, Concession 1, City of Picketing, to amend the existing zoning to include a retail store associated with a gas station facility on the subject lands, be APPROVED, subject to the conditions included in Appendix I attached to Report No. PD 03-01. ORIGIN: Zoning By-law Amendment Application A April 28, 2000. 19/00 submitted to the City of Picketing on AUTHORITY: The Planning Act, R.S.O. 1990, chapter P. 13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTWE SUMMARY: The subject property currently supports a detached dwelling, gas station and car wash facility. The applicant proposes to amend the zoning by-law, for the portion of the site that supports the gas station (Part 2, 40R-4643), to redevelop the existing gas station and car wash facility with redesigned pump islands, canopy, and a new 100 square metre combined cashiers kiosk and accessory convenience retail store. The existing kiosk, canopy structure and the oil change Report to Council PD 03-01 Subject: Zoning By-law Amendment Application A 19/00 Date: January 9, 2001 Page 2 0O3 It is recommended that the proposal to add the accessory convenience retail use and redevelop the existing gas station facility be approved subject to the conditions outlined in Appendix I to this report. The draft implementing by-law will be prepared and forwarded to City Council when conceptual site plan approval has been granted by the Director, Planning & Development, and the required agreement entered into. BACKGROUND: 1.0 Information Meeting A Public information meeting was held on August 10, 2000, to discuss the applicant's proposal. Information Report No. 20-00, which summarizes the applicant's proposal and outlines the issues identified through circulation of the application, was prepared for the meeting. The text of the Information Report is provided for reference (see Attachment #3). At the Public Information Meeting, Planning staff gave an explanation of the application. Mr. Bob Baddeley of Petro-Canada was present to answer questions regarding the application. No members of the public were in attendance at the meeting. Minutes of the meeting are included as Attachment #4. 2.0 Additional Information Since the preparation of Information Report No. 20-00, the following agency comments have been received: Verdian Connections and the Durham District School Board have advised that they have no objections to the application (see Attachments #5 & #6). The Region of Durham Planning Department has advised that the proposed amendment to the zoning by-law conforms to the Regional Official Plan and that provincial interests do not appear to be affected by the application. The Region did indicate that major long term improvements have been identified for Liverpool Road, which could not be determined at this time but that the applicant/owner should be made aware that Liverpool Road will change in terms of function and access opportunities. In addition, the Region indicated that surplus road allowance was available for disposa (see Attachment #7). Abutting landowner (Mr. W. Burton) to the west of the subject property submitted a letter, through his legal representative, outlining his concerns respecting clarification of the lands subject of this application and the uses applied for; anticipated traffic levels; provisions for pedestrian users; and servicing concerns. 3.0 Discussion 3.1 Accessory Convenience Retail Use 004 Report to Council PD 03-01 Subject: Zoning By-law Amendment Application A 19/00 Da'Ie: January 9, 2001 Page 3 3.2 Applicable Development Guidelines The subject property falls within two Council adopted development guidelines which are the Kingston Road Corridor Development Guidelines and the Downtown Core Development Guidelines. These guidelines provide a vision for the Downtown Core and the transformation of Kingston Road into a "mainstreet". The guidelines identify objectives such as, but not limited to, establishing a downtown area that will 'be a major regional landmark and destination point for workers, shoppers and visitors while providing a safe, accessible, inviting and comfortable pedestrian environment. The guidelines must be considered when preparing and evaluating development proposals. The applicable sections of the design guidelines require minimum building heights of two storeys for street wall buildings at Liverpool Road with the intent to provide a building mass that frames the "mainstreet" and promote a building design that is pedestrian friendly in scale. Staff recognize that the existing land use and the proposed redevelopment of the buildings on-site have a limited ability to achieve this objective. However, staff are confident that an appropriate site design can assist in achieving this objective through the use of various landscape treatments that would form a distinctive separation between the private and public realm that would be pedestrian friendly. The creation of a pedestrian friendly "mainstreet" along Kingston Road is a major objective of the design guidelines. The applicable design objectives for this site, regarding pedestrian activity, include a provision for a pedestrian amenity zone at the south-west comer of Liverpool Road and Kingston Road; wide sidewalks connected to buildings and special paving patterns related to intersections shall be provided; a double row of trees shall be provided where appropriate, an urban road profile shall be encouraged; and roadside ditches shall be removed. These issues will be resolved through the review of the required site plan amendment application. This proposal represents an opportunity to satisfy the objectives of lhe City's guidelines, incrementally, through redevelopment of the existing gas station facility. Staff are confident that the review of the associated site plan application will address as many of the objectives of the development guidelines that are reasonable with this type of development. Approval of this application will not preclude the opportunity for further redevelopment of the subject property in the future. The implementing by-law will contain provisions that restrict the use of the property to a gas station and car wash facilty with accessory retail convenience uses only. This restriction will ensure that any future redevelopment of the site for uses other than for gas station and carwash use will require an amendment to the zoning by-law at which time the City could encourage uses that are more compatible with the objectives of the development guidelines and could make efficient use of the surplus right-of-way. 3.3 Site Design and Functioning The preliminary site plan submitted in support of this application has been reviewed with respect to site functioning, site design, anticipated landscaping and pedestrian connections along sidewalks on both frontages and will be addressed in more de'tail through review of the associated site plan application. The applicant has been advised that the urbanization of Report to Council PD 03-01 Subject: Zoning By-law Amendment Application A 19/00 Date: January 9, 2001 Page 4 The Region of Durham had indicated that surplus road allowance is available (approximately 930 square metres) along the Kingston Road frontage. The landowner has reviewed the opportunity to obtain the surplus lands as part of this redevelopment and has declined the offer. Discussions with the Region of Durham Works Department indicate that the opportunity for landscaping (i.e. plantings, site furniture, specialty fencing, etc.) within the surplus road allowance is available. The applicant has retained the services of a landscape architect to investigate and propose landscape treatments that would meet as many of the objectives of the development guidelines as possible within this excess right-of-way. The preliminary site plan inidicates that the site can be redeveloped in an appropriate manner, provided the applicant obtains conceptual site plan approval prior to staff's preparation of the appropriate implementing zoning by-law. Further, the applicant will be required to enter into an appropriate agreement with the City of Picketing and/or the Region of Durham to address landscaping within the Regional road allowance prior to finalizing the implementing by-law. Requiting the development agreement prior to finalizing the implementing by-law is necessary since the applicable provisions of the Planning Act, as they relate to Site Plan Approval, do not provide the authority necessary to ensure the execution of a development agreement for off-site works. 3.4 Recommended Provisions and Restrictions Staff have determined that floor space limitations on the gas station and carwash facility are necessary to limit the potential expansion of the facility to ensure that traffic and on-site parking are not negatively affected. In addition, the implementing by-law will provide up-to-date definitions and performance standards that are in keeping with current gas station facilities. 4.0 Applicant's Comments The applicant has reviewed the contents of this Report, and concurs with the content. 0O6 Report to Council PD 03-01 Subject: Zoning By-law Amendment Application A 19/00 Date: January 9, 2001 Page 5 ATTACHMENTS: 1. Property Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Minutes of the Public Information Meeting 5. Veridian Connections 6. Durham District School Board 7. Region of Durham Planning Department 8. Abutting landowner comment letter Planner 1 Approved / Endorsed by: Nell C arr'[ Director, Planning & Development, MCIP, RPP Lynda D. Taylor, MCIP, I~PP Manager, Current Operations TB/pr Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council ,, (y / ~-C~~ ,,P-'---- :/~,~,, it/u-~ Th~-n~ 7."Quinn gC hic~ Admi~v_~.~ ff~ ~.~_ 0O7 APPENDIX I TO REPORT NO. PD 03-01 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 19/00 1.0 2.0 That, prior to the forwarding of an implementing zoning to Council, the applicant/owner shall: (a) (b) obtain conceptual site plan approval from the City's Director of Planning & Development; and enter into the appropriate agreement(s) with the City of Picketing to address off-site works, including landscaping within the Regional road allowance of Kingston Road, to the satisfaction of the Region of Durham and the City of Pickering. That, the implementing by-law shall include, but not necessarily be limited to the following: (a) (b) (c) By-law provisions and definitions which reflect current definitions and standards for newer gas station facilities for the portion of the site which supports the existing gas station facility only; That the gross leasable floor area for the gas station kiosk/service station and accessory convenience retail uses not exceed 110 square metres; That the gross leasable floor area of the car wash facility not exceed 250 square metres; (d) Establish appropriate parking requirements. 008 ATTACHMENT ~ } TO REPOR'I' # PD L~'"~ - BRANDS COU =~T GLENANNA OF LANDS OF APPLICATION '19/00 (PART2, 40R-4643) ~0'~ ,A.O '~ BAYLY STREET ATTACHMENT ~,, ~ TO REPORT # PD ~"z) _ ~.) | 009 INFORMATION COMPILED FROM APPUCANT'S SUBMrlTED PLAN' A 19/00. MORLEY BLACK ESTATES o~ -F 010 ATTACHMENT # ~ TO REPOR'I' # PD ~, '~ '(~1 ,.~.{ OF Plo/c INFORMATION REPORT NO. 20-00 FOR PUBLIC INFORMATION MEETING OF August 10, 2000 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 19/00 Morley Black Estate (Petro-Canada) Part of Lot 23, Concession 1 Part 1 & 2, Plan 40R-4643 City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is located at the south-west comer of Kingston Road and Liverpool Road; the subject property currently supports an existing gas station, car wash facility and a residential dwelling; the subject property is surrounded by various commercial uses; a property location map is included as Attachment #1 to this report. APPLICANT'S PROPOSAL - the applicant proposes to amend the zoning by-law by adding a "retail store" to the permitted uses in order to facilitate the construction of a new kiosk for the retail sale of convenience products; - a reduction of the applicant's proposed development is included as Attachment #2 to this report. OFFICIAL PLAN AND ZONING Durham Regional Official Plan the Durham Regional Official Plan designates the subject property as "Main Central Area"; Central Areas are to be developed as the main concentration of activities, at the highest densities, with prime consideration for urban design; ATTACHMENT # ~'~ TO REPORT#PD_ 0~-©1 011 Information Report No. 20-00 Page 2 3.3 3.4 4.0 4.1 Compendium Document to the Official Plan the subject property falls within the Council Adopted "Pickering Downtown Core Development Guidelines" and the "Kingston Road Corridor Development Guidelines"; the Downtown Core Development guidelines were adopted by City Council to ensure that developments within the Downtown Area create a downtown that will be a major regional landmark and destination point for workers, shoppers and visitors while providing a safe, accessible, inviting and comfortable pedestrian environment; the Kingston Road Corridor Guidelines were adopted by City Council to establish a general design framework for establishing a "mainstreet" vision along Kingston Road; Zoning By-law 3036 the subject property is zoned "C3" Commercial Zone; an amendment to the zoning by-law would be required to implement the applicant's proposal. RESULTS OF CIRCULATION (See Attachments #) Resident Comments 4.2 4.3 4.3.1 - no comments received to date; Agency Comments - no comments received to date; Staff Comments Site Plan - the key issues to be reviewed with respect to the proposal is the compatibility of the proposal with the applicable development guidelines; - compatibility of the proposal must be reviewed from the following perspectives: · impact on the streetscape of Kingston Road and Liverpool Road; · site design and function; · urbanization of the Kingston Road and Liverpool Road frontages; · traffic generation and on-site parking availability; · vehicular access; · building location, massing, height and materials; · landscaping, fencing, and tree preservation; · pedestrian access and safety; · site lighting; 012 ATTACHMENT ~ ('~ TO REPORT # PD C/~OI Information Report NO. 19-00 Page 3 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 Depart~nent; Company Principal applicant advises that the contact at Petro-Canada is Mr. Bob Baddeley. OIII{]INAL SIGNED BY Tyler Barnett Planner 1 JTB/pr/par ORIflINAL SIGNED By Lynda Taylor Manager, Current Operations Copy: Director, Planning & Development ATTACHMENT REPOR'I' ~ PD 013 APPENDIX I TO INFORMATION REPORT NO. 20-00 COMMENTING RESIDENTS AND LANDOWNERS (1) none to date COMMENTING AGENCIES (1) none to date COMMENTING CITY DEPARTMENTS (1) Planning & Development Department 014 ATTACHMENT#,, '1 TO REPORT # PD Excerpts of Statutory Public Information Meeting Minutes of Thursday, August 10, 2000 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, August 10, 2000 at 7:05 p.m. in the Council Chambers. (III) ZONING BY-LAW AMENDMENT .APPLICATION A 19-00 MORLEY BLACK ESTATE (PETRO-CANADA) PART OF LOT 23, CONCESSION 1 {SOUTHWEST CORNER OF KINGSTON ROAD AND LIVERPOOL ROAD) Tyler Bamett, Planner I, provided an explanation of the application, as outlined in Information Report #20-00. ATTACHMENT ~ ~ TO REPOR'I' # PD (~5- 01 015 VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW MUNICIPALITY: Picketing Electric Service is available on the road allowance(s) touching this property. Servicing will be from an existing Corp0ra6on owned pole on Kingston Road. The applicant must provide accommodation on site for the Corporation's transfomaet(s). · outdoo~ padmotmt in a 5m X 6m clear area A separate room(s) with outside access is required to accommodate the Corporation's meters. The Applicant must pwvide a concrete encased underground duct system f:tom a supply point on the south side of Kingston Road to a transformer location on the property. The Applicant must pay the Corporation's costs to supply and install underground setnrice cables along the route of 4. above. EStimated xange of costs to be determined. The following standard fixed fee costs will apply (all figures are approximate): Setarice Connection Fee $130.00 per unit Txmasfoemer Oversizing Cost to be detemained. Existing Corporation plant on the south side of Kingston Road and/or the west side of Liverpool Road may have to be replaced/relocated at the Applicant's cost to accommodate the proposed new underground primary 016 ATTACHMENT # ~ TO REPORT#PD 0%-~1 Page 2 VF_.RIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW 11. 12. 13. prior to obtaining a building permit, the Applicant shall, by agreement, confirm acceptance of the terms and conditions of pmvicling electrical service. Where cranes or material handling equipment or wor. kers must work in proximity to existing overhead wires, with the capability of contact or coming within the limits of approach, the develope~/builder shall pay all costs for the temporary relocation, burial, or protection of the wi~es, or other action deemed necessary by Vefidian to provide for worker safety and the security of the electrical system. Landscaping, specifically trees, shrubs and flowe~: bedl should be relocated away from the Corporation's t£ansfomaer and poleline, to avoid interference with equipment access and futt~e growth, Lopsided appearance of t~ees from trimming may result. 14. Othe:: We currently are experiencing 20 - 24 weeks delive~r on throe phase pa&aaount transformers, therefore early contact with Vefidian Technical Representative is critical to ensure that the Applicant's service requirements are met. Technical Representative - Ken Gallen Telephone 427-9870 Ext. 3262 mentf v~iln\D~but~n De~e~opment\Eh:~ek~pm~t Application R~ie~\lqgkefing\2000\Mor~y Black ~'= ~e~ ~ - ~mn R~ d a~ ~v~l R~d~ ATTACHMENT # C REPORT# PO ~-~1 TO 017 THE DURHAM DISTRICT SCHOOL BOARD -'acilitJes Services £aunton Road East Whitby, Ontado L1R 2K6 .~phone: .(905) 666-5500 1-800-265-3968 Fax: [905) 666-6439 August 14, 2OO0 AUG 1 6 2000 L.~ CITY' OF PtCKERING PICKERING, ONTARIO The Corporation of the City of Picketing Planning Department Pickering Civic Centre One The Esplanade Picketing, Ontario L1V 6K7 Attention: Mr. TylerBamett Dear Mr. Barnett, Zoning By-law Amendment Application Al9/00 Morley Black Estate (Petro Canada) Part of Lot 23, Concession I Part 1 & 2, Plan 40R-4643 City of Pickerlng Staff has reviewed the information on the above noted application and under the mandate of the Durham District School Board, has no objections. Yours truly, Christine Nanceldvell 018 ATTACHMENT f,,,, "7 TO REPORT#PD 0 %- ©l The Regional Municipality of Durham Land Division Committee Box 623, 1615 Dundas St. E. "h Floor Lang Tower ;st Building vChitby, Ontario ' Canada LIN'6A3. Tel: (905~ 728-7731 Fax: (905) 436-6612 Se ptember·14, 2000 TYler Barnett,' Planner City of· Pickering.Planning Depa~ment Pick'ering Civic Complex One The Esplanade . : Pickering,.ON L1V 6K7 :Dear Mr..Barnett: Re: Zoning By-law Amendment. Application A19/00 Applicant: Morley Black Estate (Petro Canada) Location: - Southwest corner of Kingston Road and Liverpool Road Part of Lot 23, Concession 1 MuniCipality: City'of Pickerin9 In response to your .request, we wish to provide the following Comments with · respect to conformitY with 'the Region 'of Durham Official Plan, the proposed method 'of servicing and delegated provincial plan review responsibilities.i-The purpose of the proposed zoning by-laW amendment is to Permit a kiosk, for retail sales and to update .the zoning' provisions in keeping with Other gas stations. The subject lands are designated as "Main Central Area" ~Nithin the Region of Durham Official'. Plan.: Main'Central Areas are intended .to. be planned and developed as the main concentration of urban activities' withi~q area ·municipalities · providing a.fully integrated array.of community, office,.'service and 'shopping, i'ecreati0na! and residential uses, The pOlicies.of the Durham Official Plan appear to suppo:rt this tYpe' of development. Full municipal services are available to the subject. pr. opertY through the.existing... 300-mm watermain on the abutting south boulevard Of Kingston Road and the existing 250-mm.sanitary sewer on the west boulevard of Liverpool Road. ' Regional records indicate that.the 'existing gas barand car wash are presently serviced with sanitary sewer and'municipal'water supply. MajOr long-term imPr0vemehts ·have been identified for'LiverPool Road that will be reviewed as part of a .corridor-review or Class Environmental Assessment. ATTACHMENT#,, ~ TO REPORT,~ PD ~ -OI 019 (2) No provinCial.interests appear to be affected by this 'application. questionS or require any. information, please call me. Yourstruly, Cherie Mills, MOIP, RPP Planner .. Current Operations Brancl~ .cc . G, Gummer, Region of Durham Works :Department N:~IM\CAM~ONING~ICKERING\I 9-00 If you have any 020 ATTACHMENT#,, ~ TO REPORT#PD ~-OI GRAHAM WILSON & GREEN · MEDIATOR'S RECEIVED OITY OF PIOKERING PLAtJNING & DEVELOPMENT DEPARTMENT August 9, 2000 HAND DELIVERED Mr. Tyler Barnett Planner I Planning Department Pickering Civic Complex One the Esplanade City of Pickering Pickering, Ont. LIV 6K7 Re.' Zoning By-Law Amendment Application A 19-00 Morley Black Estate (Petro Canada) - Part of Lot 23, Concession I, Parts I and 2, Plan 40R443, City of Pickering Our File ¥360 Dear Sirs: I have been retained by Mr. W. R. Burton of Lex-ton Developments Limit,~d with respect to the above noted zoning by-law amendment application. My client owns property to the west of the subject application. I understand that a public information meeting will be held on August I 0, 2000 with respect to this matter. I have met with Mr. Burton and am instructed to advise you of the following concerns that he has with respect to the subject application: The Applicant's lands appear to be comprised of two parcels, one which is used as a residential lot and the other which is used as a gas station and car wash. It appears from the public meeting notice that the application applies only to the lands that are used by the gas station and car wash; however, the application seems to describe both DroDerties. Would you Dlease confirm whether the ATTACHMENT ~,,,,, ~ TO REPORT ~ PD ~"~ -(~1 021 Town of Pickering 2 August 9, 2000 My client is interested in knowing whether the construction of the kiosk will encourage an increase in automobile traffic to the subject site. My client understands that the City's position with respect to development in this area is to encourage a pedestrian use. Accordingly, I would appreciate your comments in that regard. My client has had some discussions with the Region of Durham regarding development plans for his property. He understands that in order to provide servicing for his property, he will be required to construct a sanitary sewer extension easterly along Highway #2 and then southerly for a short distance on Liverpool Road around the perimeter of the lands that are the subject of this application. He understands that in constructing this sanitary sewer extension, he will be required to remove contaminated soil around the existing service station to reach the sanitary sewer manhole on Liverpool Road. Would you please comment on whether this would in fact be the case. Unfortunately, I will be unable to attend the meeting on August 10, 2000. I would appreciate being informed of all Planning Department decisions relating to this application and I would appreciate being advised of the date when this application' will be placed before Council so that I may attend. Would you also please advise my client of the above at 64 Tayok Drive, Woodbridge, Ontario L4L 2N2. Further, I would appreciate receiving a copy of your Staff Report at your earliest opportunity. Yours very truly Mary E. Vallee MEV/sor CoC. Mr. W. R. Burton Lexton Developments Limited 022 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendmem Application A 23/98, submitted by Mr. Adam Bholat, the owner of 1089375 Omario Limited, on lands being south Part of Lo't 18, Concession 1, City of Pickering, to amend the zoning on the subject lands to permit the establishment of an automatic car wash facility and maintain those uses currently permitted by the zoning by-law applicable to the subject lands, be APPROVED AS REVISED, subject to the conditions outlined in Appendix I to Report Number PD 02-01. 023 PICKERING REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: January 9, 2001 REPORT NUMBER: PD 02-01 SUBJECT: Zoning By-law Amendment Application A 23/98 1089375 Ontario Limited South Part of Lot 18, Concession 1 (North side of Bayly Street, east of Brock Road and west of Toy Avenue) City of Pickering RECOMMENDATION: That Zoning By-law Amendment Application A 23/98, submitted by Mr. Adam Bholat, the owner of 1089375 Ontario Limited, on lands being South Part of Lot 18, Concession 1, City of Pickering, to amend the zoning on the subject lands to permit the establishment of an automatic car wash facility and maintain those uses currently permitted by the zoning by-law applicable to the subject lands, be APPROVED AS REVISED, subject to the conditions outlined in Appendix I to Report Number PD 02-01. ORIGIN: Zoning By-law Amendment Application A 23/98 submitted to the City of Pickering. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: This amendment to the zoning by-law, with revisions recommended by staff, will allow both automatic and manual car wash facilities to be established on the subject lands. These car wash facilities are intended to operate as a complementary use in conjunction with the permitted gas bar and drive-through restaurant uses located on the easterly-abutting lands. 0 2/[ Report to Council PD 02-01 Date: January 9, 2001 Zoning By-law Amendment Application A 23/98 Page 2 The resultant integrated development will allow economically-viable development on lands with limited development potential due to irregular lot configuration, access cons~Iraints and technical constraints, while appropriately locating the proposed car wash facilities within an "industrial- commercial" employment area within the City that are complementary to surrounding land uses. BACKGROUND: 1.0 Information Meeting A Public Information Meeting for this development proposal was held on February 18, 1999. Information Report No. 2-99, which summarizes the applicant's proposal and outlines the issues and comments identified to that date through circulation of the application, was prepared for that meeting. The text of that Information Report and Minutes of that meeting are provided for reference (see Attachment #5). No written comments were received from surrounding landowners at the time of writing of the Information Report. Prior to the Public Information Meeting, written comments were received from the Durham District School Board and TransCanada Pipelines, both expressing no objection to this proposal. At the Public Information Meeting, Mr. Ken Balsdon, the owner of the westerly-abutting lands, expressed concern with the drainage problems he had experienced, as the existing drainage channel on the west portion of the subject lands is currently unmanaged. ~Mn explanation was given by City Staff that the drainage channel would require improvements to maintain existing drainage from other surrounding properties and proposed development on the subject lands. The applicant noted that a Stormwater Management Report would be prepared, and any recommendations would be adhered to. 2.0 Additional Information Since the preparation of Information Report No. 2-99, the following staff and agency comments have been received: The City's Development Control Supervisor noted that a portion of the subject lands is an important part of the stormwater drainage system for the surrounding area. A detailed stormwater management report and detailed grading and drainage plan were requested for review that would identify existing conditions and ensure that the proposed development would maintain minor and major storm flows, while maintaining drainage from all adjacent properties. It was further noted that the proposal should consider and include the ufl)anization of Bayly Street (see Attachment #6). In response to these comments, the applicant completed a Stormwater Management Report, prepared by Simcoe Engineering Group Limited, and dated June 29, 2000, in support of the application. The recommendations of this report were reviewed and accepted by the City's Development Control Supervisor and the Region of Durham Works Department. Report to Council PD 02-01 Zoning By-law Amendment Application A 23/98 Date: January 9, 2001 Page 3 025 3.0 Discussion 3.1 Currently Permitted Uses and Development Standards The following industrial and industrial-commercial uses are currently permitted to operate on the subject lands: assembly halls bakeries business offices dry cleaning depots dry cleaning establishments food preparation plants light manufacturing plants merchandise service shops professional offices restaurants - Type A sales outlets scientific, research or medical laboratories warehouses It is recommended that all of these currently permitted uses no longer be permitted on the subject lands. The resultant uses on the subject lands should be complementary to, and integrated with, the existing land uses on the easterly-abutting lands. Recommended shared access to both sites limits the amount of building area within the southeast portion of the subject lands, and the drainage channel, when managed, significantly constrains the remaining usable area on the subject lands, further reducing the usable width of the south portion of the subject property. A freestanding, independently operated land use on the subject lands does not appear to be desirable and may not be viable. A property location map, the Applicant's Submitted Plan (that shows both the subject lands and existing and proposed development on the easterly-abutting lands) and Proposed Building Elevations are included as Attachments #1 to #4 respectively, to this Report. The current zoning by-law applicable to the subject lands establishes various performance standards for development to adhere to. It is recommended that a new comprehensive set of performance standards be established on the subject lands that are reflective of typical car wash standards imposed throughout the City and complementary to standards applied to the abutting lands to the east (see Appendix No. I). Significant recommended changes to existing performance standards includes: · the establishment of appropriate yard setbacks that protect the drainage channel on the west side of the subject property and provide ample stacking areas for vehicles using the proposed car wash facilities; · the establishment of a parking standard that provides ample parking for employees and users of "add-on" ancillary uses (i.e. vacuums and manual cleaning areas); and, · the establishment of a minimum building height of 6.0 metres for any car wash facility visible from Bayly Street; 3.2 Proposed Car Wash Uses It is recommended that both mechanical and coin-operated car wash facilities be permitted on the subject lands (see Appendix No. I). The subject lands are located on the north side of Bayly Street in one of the Citv's "Emrflovment Area - Mixed F. mnlc~vrn~nt Ar~ae" that c~r,a~ at a 0 2 6 Report to Council PD 02-01 Date: January 9, 2001 Zoning By-law Amendment Application A 23/98 Page 4 3.3 Site Plan Matters It is recommended that the owner obtain Conceptual Site Plan Approval prior to any future implementing zoning by-law being forwarded to Council for consideration. :['his will ensure that zoning standards imposed through that future implementing zoning by-law are accurate, and site function and design issues are addressed to the satisfaction of the City. The applicant has submitted a site plan application to the City that integrates the proposed car wash facilities with the gas bar and drive-through restaurant uses operating on the easterly- abutting lands. The existing gas bar facility is planned to be demolished and replaced by a new facility, including a new larger kiosk (located in close proximity to Bayly Street) and a new canopy structure partially enclosing several fuel pumps (located north of the proposed kiosk). The traffic aisles serving the existing gas bar and restaurant are planned to be reconfigured, to encouraged shared arrangements and integration between the new gas bar, proposed car wash facilities and existing restaurant, and to improve existing vehicle stacking problems associated with the drive-through restaurant. Several road improvements are required, and will be addressed, through the site plan approval process, including: · the extension of the centre median within Bayly Street easterly to Toy Avenue to limit access to traffic travelling east; · the establishment of shared access serving all of the existing and proposed uses on the subject lands and easterly-abutting lands; and, · urbanization along Bayly Street including sidewalks and street light upgrades. In order to ensure the sharing of access and traffic aisles between the subject lands and the easterly-abutting lands, it is recommended that prior to the forwarding of the implementing zoning by-law to Council for consideration, that the owner secure appropriate access easements through the Durham Region Land Division Committee over the subject lands in faVour of the easterly-abutting lands (see Appendix No. I). The orientation of buildings will be reviewed through the site plan approval process to ensure that any associated noise with the proposed car wash facilities is appropriately directed southward towards Bayly Street and/or to the east towards the existing gas !~ar facility and Toy Avenue. The recommendations of the completed Stormwater Management Report will be applied to the proposed development through the site plan approval process. The design and building materials used for the car wash facilities and landscaped features will be reviewed through the site plan approval process to ensure that they complement surrounding development and maintain an appropriate design standard along Bayly Street. The applicant has proposed, among other things: Report to Council PD 02-01 Zoning By-law Amendment Application A 23/98 Date: January 9, 2001 027 Page 5 4.0 Applicant's Comments The applicant has reviewed and concurs with the recommendations outlined in this Report. ATTACHMENTS: 1. Property Location Map 2. Proposed Site Plan 3. Proposed Automatic Car Wash Elevations 4. Proposed Coin-Operated Car Wash Elevations 5. Information Report No. 2-99 and Minutes of February 18, 1999, Statutory Public Meeting 6. Staff Comment - City's Development Control Supervisor 7. Agency Comment - Region of Durham Planning Department Prepared By: Ron Tayl~ Planner 2 Approved / Endorsed by: Neil Carr~,~e Director, P~d-n~g' & Development Lynda Taylor, MCIP, RPP / . Manager, Current Operations RST/jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering ]City Council A ~t 028 APPENDIX I TO REPORT NUMBER PD 02-01 RECOMMENDED CONDITIONS OF APPROVAL FOR ZONING BY-LAW AMENDMENT APPLICATION A 23/98 That the implementing zoning by-law: (a) permit mechanical car wash facilities and coin-operated car wash facilities (including related complimentary uses serving the transient public, including vacuums and air pumps). establish a new comprehensive set of performance standards on the subject lands that are reflective of typical car wash standards imposed throughout the City and complimentary to standards applied to the abutting lands to the east, including, but not be limited to, the following provisions: (i) require a minimum west side yard width (to be determined tlhrough the site plan approval process) that prohibits development within the drainage area traversing the subject lands; (ii) establish a minimum building height of 6.0 metres for any' car wash facilities directly visible from Bayly Street; (iii) establish a parking standard that provides ample parking for employees and users of "add-on" ancillary uses (i.e. vacuums and manual cleaning areas); and, (iv) restrict the location of the proposed coin-operated car wash to the rear portion of the subject lands. That prior to the forwarding of an implementing zoning by-law to City Council for consideration: (a) the owner obtain conceptual site plan approval from the City's Director, Planning & Development to address matters including, but not limited to, building location and site design matters, enhanced landscaping, Bayly Street Road improvements, vehicular access and traffic circulation, and the management and treatment of the drainage channel traversing the subject lands. (b) the owner secure appropriate access easements through the Durham Region Land Division Committee over the subject lands in favour of the easterly-abutting lands /:~'7ACHMENT # ,, I TO 029 GETA CIRCLE PICKERING I PARKWAY O BAYLY ~~~PLUMMER STRE T STREET OUIGLEY STREET QUARTZ ST. ORANGEBROOK CRT. STREET 030 ATTACHMENT #__~ TO REPOmr ~ PD 0_~/_ ._ APPLICAN'PS SUBMITTED PLAN A 23/98 26.97 40R-5140 --LANDS SUBJECT J TO A 23/98 N 73'00'20"E DETAILS OF DEVELOPMENT BATA I REQUIREDI PROVIDE[ ZnN[NG gETBACKS I'INT'syRyFY t N/AH/AN/A IEXT'SY I N/A TOTAL COMBINED LOT AREA 8826.92 sq. m PROJECT LOT AREA (m) COIN WASH 378.55 (me) AUTOMATIC CAR WASH 170.2 GAS KIOSK 106.5 (me) NEW BUILDING COVERAGE 7.4% GROSS NEW FL. AREA 1655.25 sq. TIM HORTONS COVERAGE '/ 6.18% B~UIL DING HEIGHT / VARIES REQ PARKING TIM HDRTON I 231 PARKING, EMPLOYEE PARKING KIOSK PARKING TOTAL PROVIDED PARKING 44 ¸ 84.34 LARCE 1 STOREY METAL CLAD BUILDING ILANDS SUBJECT TO SITE PLANI APPLICATION S 12/96(R98) PART 1, 40R INST.# D179160 N72'59'30"E 82.58 .3140 __ EX. ~M HORTONS CONUTS STORE ATTACHMENT ~I ~ ,,.TO REPORT t PD /'3.,2 ~ o t _ PROPOSED AUTOMATIC CAR WASH ELEVATIONS A 23/98 031 HEC~ICAL 7 032 ATTACHMENT~ ~ TO REPORT~ PD ~)~-o J PROPOSED COIN-OPERATED CAR WASH ELEVATIONS A 23/98 I MECHANICAL D~TAIL ~AY ATTACHMENT #?..~._.TO ~FORMATION REPORT#_ ~ :~ - o L 033 INFORMATION REPORT NO. 2-99 FOR PUBLIC INFORMATION MEETING OF February 18, 1999 1N ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 23/98 1089375 Ontario Limited South Part of Lot 18, Concession 1 (north side of Bayly Street, between Brock Road and Toy Avenue) Town of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the north side of Bayly Street, between Brock Road and Toy Avenue, and is currently vacant; - a property location map is provided for reference (see Attachment #1); - the subject property provides approximately 33.0 metres of lot frontage on Bayly Street, and is approximately 0.44 of a hectare in size; - access to the subject property is currently provided onto Bayly Street; - the property to the west currently supports a residence and boat storage business, properties to the north and east support industrial uses, and an industrial-commercial plaza is located to the south across Bayly Street; - the property directly east of the subject property currently supports an Olco Gas Bar and a Tim Horton's restaurant. 2.0 APPLICANT'S PROPOSAL the applicant proposes to amend the Town's zoning by-law to allow the establishment of an automatic car wash facility of approximately 427 square metres in size, on the subject lands; the proposed car wash facility is intended to operate in conjunction with the permitted gas bar use to the east; the applicant has applied for Site Plan Approval from the Town, concurrent with this application, for proposed upgrades to that existing gas bar facility; a compiled site plan showing the applicant's submitted plan for the car wash facility, the applicant's proposed upgrades to the easterly-abutting gas bar facility, and the existing restaurant on the easterly-abutting lands is provided for reference (see Attachment #2); 034 Information Report No. 2-99 ATTACHMENT #, ~ TO R?OR'r# PD (9,~-0/ Page 2 3.2 3.3 - this designation permits manufacturing, assembly andprocessing' of goods, service industries, research and development facilities, warehousing, bus:[ness parks, limited personal service uses, hotels, storage of goods and materials, fi:eight transfer, and transportation facilities; - the proposed car wash facility appears to be permitted as a limited personal service use; Pickering Official Plan the subject property falls within the "Employment Area ~ Mixed Employment" designation within the Brock Industrial Neighbourhood; permissible uses within this designation include, among other things, limited personal service uses serving the area; Town Council shall require the tfighest performance standards for' site operation and appearance in Mixed Employment Areas (compared with Prestige and General Employment Areas), recognizing their highly visible and accessible locations along main artehal roads; - the subject property also falls within a "Detailed Review Area" lbcused around the intersection of Brock Road and Bayly Street within the Brock Industrial Neighbourhood; - this designation identifies specific areas within neighbourhoods where the preparation of detailed land use, transportation, design, and/or other' development guidelines may be required prior to the approval of major development; - in undertaking a detailed review, Town Council may, among other things, examine the specific land use mix and arrangement, the scale and intensity of use, the transportation network, community design requirements, environmental considerations, servicing arrangements, stormwater managemenl, and any other matters Council deems necessary; if the applicant's proposal is considered to be "minor development", then a detailed review may not be necessary; - in the absence of formal detailed design guidelines for properties within Detailed Review Areas, the Detailed Design Considerations outlined in Chapter Thirteen of the Picketing Official Plan will form the basis of the review; - Bayly Street is identified as a "Type-A Arterial Road", recognizing that it was designed to carry large volumes of traffic at moderate to high speeds over a relatively long distance, and falls under Regional jurisdiction; - Bayly Street is also identified as a "Transit Spine", encouraging a higher level of transit service along it to serve the Town's urban area and downtown core; Zonin~ By-law 2511 the subject property is currently zoned "MC" - Industrial-Commercial Zone - by Zoning By-law 2511, as amended by By-law 1052/79; this zoning designation permits a variety of industrial and industrial-commercial uses to operate on the subject lands; an amendment to the Zoning By-law is necessary to allow an automatic car wash Information Report No. 2-99 ATT&CHMENT ~_ ~ '-, Page 3 035 4.2 Agency Comments No Objections or Concerns: - The Durham District School Board; 4.3 Staff Comments in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: · the appropriateness of the proposed use in conjunction with the other currently permitted uses on the subject property; · the creation of appropriate development standards (build-to-zones, setback restrictions, floor area restrictions, height requirements, etc.), applicable to the proposed car wash use and currently permitted uses on the subject propei-ty; · conformity with the design goals and objectives set out in the Picketing Official Plan, and ensuring that the proposed car wash design is compatible with existing and proposed development to the east; · reviewing traffic flows on the subject site, and vehicular patterns to the subject site from the easterly-abutting property and traffic entering from Bayly Street; · site plan matters, such as landscaping measures, curbing and paving, appropriate signage, buffering measures between adjacent properties, where necessary, and grading and drainage issues; · necessary Bayly Street road improvements required by the Region of Durham to accommodate the subject property and easterly-abutting property. 5.0 6.0 6.1 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Recommendation Report prepared by the Planning 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 Town 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 Town Clerk. OTHER INFORMATION Information Received - full scale copies of the applicant's submitted plan are available for viewing at the offices of the Town of Pickering Planning Department; 6.2 Com an Princi al 036 ATTACHMENT #_ ,~' TO REPOR3' cf PD_ 4'.)~ - 0 I _ Excerpts from Statutpo~ Informatin Meeting Minutes of Thursday, February_ 18, 1999 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, February 18, 1999 at 7:00 p.m. in the Council Chambers. PRESENT: C. Rose D. Kearns R. Taylor - Manager, Policy Division - Committee Co-ordinator' - Planning Technician The Manager, Policy Division, provided an overview of the requiremems of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. ZONING BY-LAW AMENDMENT APPLICATION A:23/98 1089375 ONTARIO LIMITED SOUTH PART OF LOT 18, CONCESSION 1 (NORTH SIDE OF BAYLY ST. BETWEEN BROCK RD. & TOY AVE. Ron Taylor, Planning Technician Provided an explanation of the application, as outlined in Information Report/t2/99. Dennis Roy, representing the applicant, stated that they are aware of the drainage concerns. Engineers are presently reviewing this matter and a report will be provided to the Public Works Department. Ken Balsdon, Bayly Street, advised that his property is adjacent to the property in question and he stated his concern with the drainage problem. ATTACHMENT# ~ TO REPORT # PD 037 INTERDEPARTMENTAL CORRESPONDENCE PUBLIC WORKS DEPARTMENT TO: FROM: Ron Taylor Planning Technician DATE: February 26, 1999 Robert Starr Development Control Supervisor Zoning By-law Amendment Application A23/98 1089375 Ontario Limited South Part of Lot 18, ConCession 1 (north side of Bayly Street, east of Brock Road and west of Toy Avenue) Town of Pickering We have reviewed the above noted application and provide the following comments: The proposal is within a piece of property that is an important part of the storm water drainage system for this area. Most of the surrounding areas between Brock Road and Toy Avenue and north to almost the C.N.R. line drain south to Bayly Street through this property. The Applicant would need to Provide a detailed Storm Water Management Report arid a detailed Grading and Drainage Plan that would identify the existing conditions and provide' a proposal that would ensure that the minor and major storm flows can be accommodated while~ maintaining the drainage for all adjacent properties. Until such time that this information can be provided and any proposed solution accepted by the Town, the application should not be approved. Any proposal should include the urbanization (sidewalk and streetlight upgrade) of Bayly Street fronting the site. Robert Start RS/ds Copy E.. Thompson, Development Approvals Coordinator j:\pwfiles\mcmos\amda23.g.doc The Regional Municipality of Durham Planning Department BOX 623 1615 Dundas St. E, 4th Floor Lang Tower West Building Whitby, Ontario Canada L1N 6A3 ~',l' (905) 728-7731 1(905) 436-66~2 A. L Georgleff, Mc~p, Rm, Commissioner of Planning 038 July 30, 1999 AT?ACHMENT f '7 TO REPORT # PD ¢)~ -.O i . .; Mr. Ron. Taylor; Planner 'Planning .Department Town of Pickering · . One. The Esplanade Pickering On LIV6K7 Dear Mr. Taylor: RECEIVED )U;' 0 1999 TOWN OF PICKER~NG PLANNING DEPARTMENT Re: Zoning By-law Amendment Application A23198. Applicant: 1089375 Ontario Limited Location: Lot.18, Concession 1, Pickering North of Bayly .Street, west of Toy Avenue. Municipality: Town of Pickerin~] ' In response to your request, we have the fOllOwing comments ~regarding Regional Official Plan conformity, delegated provincial plan review' r,...sponSibilities and servicing. The. applicants propose to establish an automatic car wash facility on the subject lands, n conjunction withan existing gas bar on'the lands to the east. · The subject lands 'are'designated "Employment Area" within the Durham 'Regional Official Plan, which allows for limited, personal service' uses' in appropriate locations. The proposed automatic car waSh would represent an ancillary, and complementary function to a permitted .use, and would thereefore conform to the Region's .Official Plan policies. : Sanitary sewer and Water'supply.facilities are available 'from Bayly Street to Service the proposed car waSh fa cility. The concept plan sUbmitted with the application indicates a wide entrance to. the site from Bayly Street, wl-iich has.not been..accepted by the Regi(~nal Works Department. It is noted that en{rance .width .and geometric .design matters will be addressed' through, the site plan review process. In this regard,'the apPlican! will be required to submit six (6).copies of site servicing 'and mechanical plans to the Regional Works Department,. for approval ofserYic!ng plans and the proposed entrance. Provincial interests would not' appear to .be affected by .this application. If you have any questions or require additional information, ~31ease do not hesitate to contactthe undersigned at extension 3256. plann~r Current Operations Branch cc. V. Goad' Works Department iO0~ Po~t Conlumer' 039 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 18/00, submitted by Old Forest Investments Ltd. for the lands known as Part of Lot 18, Range 3, B.F.C., City of Pickering, to expand the range of employment area related uses on the subject property, be APPROVED; and That the mending zoning by-law to implement Zoning By-law Amendment Application A 18/00, as set out in draft in Appendix I to Report Number PD 01-01, be forwarded to City Council for enactment. O40 REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: January 5, 2001 REPORT NUMBER: PD 01-01 SUBJECT: Zoning By-law Amendment Application A 18/00 Old Forest Investments Ltd. Part of Lot 18, Range 3 B.F.C. (East side of Brock Road, south'ofBayly Street) City of Picketing RECOMMENDATION: That Zoning By-law Amendment Application A 18/00, submitted by Old Forest Investments Ltd. for the lands known as Part of Lot 18, Range 3, B.F.C., City of Pickering, to expand the range of employment area related uses on the subject property, be APPROVED; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 18/00, as set out in draft in Appendix I to Report Number PD 01-01, be forwarded to City Council for enactment. ORIGIN: Zoning By-lawAmendmentApplic~ion A 18/00 was submitted by Old Forest Investments Ltd. on Apfil20,2000. AUTHORITY: The Planning Act, R.S.O. 1990, chapter P.13 FINANCIAL IMPLICATIONS: No direct costs to the City are anticipated as a result of the proposed development. EXECUTIVE SUMMARY: Zoning By-law Amendment Application A 18/00 applies to a property on the east side of Brock Road, south of Bayly Street (see location map, Attachment #1). The property currently supports an approximate 835 square metre industrial / commercial building (see Site Plan, Attachment #2). Report to Council PD 01-01 Subject: Zoning By-law Amendment Application A 18/00 Date: January 5, 2001 Page 2 041 A draft By-law has been prepared based on the framework which conforms to the Official Plan polices and provides additional flexibility desired by the applicant. Staff recommend Council approve Zoning By-law Amendment Application A 18/00, and that the draft amending zoning by-law set out in Appendix I to Report Number PD 01-01, be forwarded to City Council for enactment. BACKGROUND: 1.0 Information Meeting A Public information meeting was held on August 10, 2000, to discuss the applicant's proposal. Information Report No. 24-00, which summarizes the applicant's proposal and outlines the issues identified through circulation of the application, was prepared for the meeting. The text of the Information Report is provided for reference (see Attachment #4). At the Public Information Meeting, Planning staff gave an explanation of the application. No members of the public were in attendance at the meeting. Minutes of the meeting are included as Attachment #5. 2.0 Additional Information Since the preparation of Information Report No. 24-00, the following agency comments have been received: The Region of Durham Planning Department has advised that the proposed amendment to the zoning by-law conforms to the Regional Official Plan and that provincial interests do not appear to be affected by the application. The Region advised that floor space restrictions, on sales outlets accessory to permitted uses, have been allowed to increase to forty percent provided that the aggregate retail floor area does not exceed twenty five percent (see Attachment #6). Veridian Connections and the Durham District School Board have advised that they have no objections to the application (see Attachments #7 & #8). 3.0 Discussion 3.1 Employment Designations in the Picketing Official Plan The new Picketing Official Plan permits a broader range of uses within its Employment Area designations than in the former Picketing District Plan. This change recognizes the evolving nature of employment activities, which over the past few decades have shifted from primarily land-consumptive manufacturing operations, to smaller service-oriented operations. The Official Plan's employment designations consist of General Employment, Prestige Employment and Mixed Employment. The uses anticipated for each designation range 0 4 2Rep°rt to Council PD 01-01 Subject: Zoning By-law Amendment Application A 18/00 Date: January 5, 2001 Page 3 3.2 Applicant's Proposal A one-storey building with an approximate total of 835 square metres of gross leasable floor area is currently on the subject property, which is designated as Mixed Employment by the Picketing Official Plan. The applicant requests a change to the zoning to permit additional uses now permissible by' the new Official Plan. The following uses have been requested: 3.3 bakery · commercial clubs · commercial schools · convenience store · distributing depot · medical offices and optical · office-associated commercial establishment · personal service shqo · printing establishment · private club · public club The applicant has also proposed to increase the percentage of an industrial use that may be dedicated to a sales outlet, from 20 per cent to 40 per cent of the unit's gross floor area. Recommended Uses Table 1 "Proposed Uses and Provisions Related to the Pickering Official Plan Employment Polices" (see Attachment #3), lists the permissible uses on lands designated General Employment, Prestige Employment and Mixed Employ~nent by the Official Plan. The table also identifies a general list of uses that would be considered for inclusion within zoning by-laws for each Official Plan categow, as well as typical performance standards for the uses. The table is an implementation framework for permissible uses, provisions and restrictions for the employment designations, which will form the starting point tbr reviewing rezoning applications. It is not exhaustive; additional uses that may be identified in the future may be considered as requested. This framework has been used in recent reviews of other rezoning applications in the Employment Area. A draft implementing by-law has been prepared which accommodates the majority of the uses sought by the applicant. The uses are as follows (an asterisk identifies uses that are currently permitted on the site): · bakery · business office * · club · commercial club · commercial school · commercial recreational establishment · convenience store · dry cleaning depot * · dry cleaning establishment * · foodpreparation plant * light manufacturing plant * · office associated commercial establishment · personal service shop · place of assembly · printing establishment · professional office * · restaurant- type A * · sales outlet * · scientific, medical or research laboratory * · w~hicle repair shop * · vehicle sales or rental establishment * warehouse * Report to Council PD 01-01 Subject: Zoning By-law Amendment Application A 18/00 Date: January 5, 2001 Page 4 O43 3.4 4.0 The current by-law for the subject property permits the establishment of an "accessory dwelling unit". The accessory dwelling unit in the industrial area is intended to provide living quarters for an employee of the industrial use in a warehouseman / security capacity. Staff have determined that an accessory dwelling unit is no longer a compatible use for the subject property given the commercial nature of the property. The draft implementing by-law does not include an accessory dwelling unit as a permitted use. Although not requested by the applicant, the draft zoning by-law explicitly excludes waste management and transfer facilities on these lands. This prohibition responds to Council's resolution #189/99, passed on October 4, 1999, to review the Official Plan and zoning provisions with respect to waste management and transfer facilities. Until such time as staff has completed the comprehensive review, staff recommend the prohibition be implemented on a site-by-site basis. Recommended Provisions and Restrictions The implementation framework of Table 1 also addresses a general approach for certain restrictions that would apply to uses permitted within the General, Prestige and Mixed Employment designations. The restrictions are: · "sales outlets" are permitted only if accessory to certain employment area uses (such as a bakery, light manufacturing plant, merchandise service shop, printing establishment, and warehouse); · the gross leasable area (GLA) of a sales outlet shall not exceed 25 per cent of the GLA of the associated employment use; however, the GLA of a sales outlet may increase to 40 per cent of the GLA of the associated employment use providing the GLA of all sales outlets in the building does not exceed 25 per cent of the GLA of the building; · restrictions are placed on the maximum aggregate GLA for non-traditional employment uses within a building due to parking limitations (clubs, commercial clubs, commercial-recreational establishments, places of assembly, places of amusement or entertainment, places of worship, and restaurants); and · outdoor storage will be prohibited. The draft amending by-law provides a greater range of Uses for the subject property, and incorporates appropriate provisions which implement the new Official Plan's Mixed Employment designation. Accordingly, staff recommend that Council approve Zoning By-law Amendment Application A 18/00, as set out in draft in Appendix I to Report Number PD 01-01. Further, staff recommend that the draft by-law be forwarded to City Council for enactment Applicant's Comments The applicant has reviewed the contents of this Report and draft by-law, and concurs with the contents. O44 Report to Council PD 01-01 Subject: Zoning By-law Amendment Application A 18/00 Date: January 5, 2001 Page 5 ATTACHMENTS: 1. Property Location Map 2. Applicant's Submitted Plan 3. Table I - Proposed Uses and Provisions Related to the Picketing Official Plan Employmen:t Polices 4. Information Report 5. Minutes of Public Information Meeting 6. Correspondence - Region of Durham Planning Department 7. Correspondence - Veridian Connections 8. Correspondence - Durham District School Board Prepared By: ~W Catherine Rose Manager, Policy Approved / Endorsed by: Neil C~O'I~, ~4/P, RPP Director,'7-P~nning & Development TB/pr Attachments Copy: Chief Administrative Officer Recommended for the consideration of Picketing City Council , o Tho(n~¥J: ~uinn, ~hief A~lministrativ~c4 O45 APPENDIX I TO REPORT NUMBER PD 01-01 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 18/00 046 THE CORPORATION OF THE CITY OF PK'JaERING Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Picketing District Pl.anning Area, Region of Durham in Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 18/00) WHEREAS the Council of the Corporation of the City of Picketing deems it desirable to broaden the range of permitted employment area uses on the subject lands, being Part of Lot 18, Range 3, B.F.C., City of Picketing; 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: SCHEDULE I Schedule I attached hereto witl~ notations declared to be part of this By-law. and references shown thereon is hereby AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Range 3, B.F.C., City of picketing, designated "MC-14" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. (1) (2) DEFINITIONS In this By-law, "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing or designed to appeal to erotic or sexual appetites or inclinations; "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food product,,; baked and prepared elsewhere are offered for retail sale; "Business Office" shall mean any building or part of a building in which one or more (5) (6) (7) (8) (9) (lO) (11) (12) (13) (14) 2 DRAI:T 047 "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to such processes; "Dry Cleaning Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; "Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Light Manufacturing Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; "Lot Coverage" shall mean the percentage of lot area covered by all buildings on O48 (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) 3 DRAFT "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, c,r an office furniture store; "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall no'~ include a body-mb parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertaimnent" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Assembly" shall mean a building or part of building irt which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-mb parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; "Restaurant - Type A'.' shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or offthe premises, or both on and off the premises; "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; "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed (27) (28) (29) (30) (31) 4 DRAFT 049 "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; "Waste Transfer and Management Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (a) "Yard" shall mean an area of land which is appurtenant to and located on 'the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (t) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; 05O DRAFT o PROVISIONS (1) Uses Permitted ("MC-14" Zones) No person shall within the lands designated "MC-14" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) bakery; (b) business office; (c) club; (d) commercial club; (e) commercial school; (f) commercial-recreational establishment; (g) convenience store; (h) dry cleaning depot; (i) dry cleaning establishment; (j) food preparation plant; (k) light manufacturing plant; (1) merchandise service shop; (m) office-associated commercial establishment; (n) personal service shop; (o) place of assembly; (p) printing establishment; (q) professional office; (r) restaurant - Type A; (s) sales outlet; (t) scientific, medical or research laboratory; (u) vehicle repair shop; (v) vehicle sales or rental establishment; (w) warehouse; (2) Zone Requirements ("MC-14" Zone) No person shall within the lands designated "MC-14" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) LOT AREA (minimum): 0.3 hectares (b) LOT FRONTAGE (minimum): 45 metres (c) FRONT YARD DEPTH (minimum): 12 metres (c) INTERIOR SIDE YARD WIDTH (minimum): 4.5 metres (d) REAR YARD DEPTH (minimum): 7.5 metres (e) LOT COVERAGE (maximum): 4.0 per cent o (h) 6 PARKING REQUIREMENTS: A There shall be provided and maintained on the lot a minimum of 5.5 parking spaces per 100 square metres of gross leasable floor area for all uses; B Sections 5.21.2 (a) and 5.21.2 (b) of By-law 2511 as amended shall not apply to the lands designated "MC-14" on Schedule I attached hereto; (i) SPECIAL REGULATIONS: A A sales outlet shall be permitted only if accessory to a bakery, a food preparation plant, a light manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, provided the gross leasable area of the sales outlet does not exceed 25 per cent of the gross leasable floor area of the bakery, food preparation plant, light manufacturing plant, merchandise service shop, printing establishment, or warehouse; B Notwithstanding Clause A above, a sales outlet may exceed 25 per cent up to a maximum of 40 per cent of the gross leasable floor area of the bakery, food preparation plant, light manufacturing plant, merchandise service shop, printing establishment, or warehouse, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25 per cent of the total gross leasable floor area that buildings; C The maximum aggregate gross leasable floor area shall be: (i) for all convenience stores on the lot: 325 square metres (ii) for all office-associated commercial establishments on the lot: 325 square metres (iii) for all personal service shops on the lot: 325 square metres (iv) for all restaurants - Type A on the lot: 600 square metres D Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-14" on Schedule I attached hereto; BY-LAW 2511 (1) By-laws 941/79 and 2642/88, as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed. 052 v EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 2001. day of Wayne Arth~~ Brace Taylor, Clerk 053 MC-14 SCHEDULE T PASSED THIS. DAY OF TO 2001 054 TO ATTACHMENT REPORT ~ PD O r~ 0 0 BAYLY PLUMMER STREET STREET QUIGLEY STREET QUARTZ ST. BAYLY ORANGEBROOK CLEMENTS STREET ROAD ATTACHMENT #, ~ ~TO REPORT # PD (~ I - 01 055 CURRE~ SITE PLAN 056 ATTACHMENT #,.,,,,,, ~ TO '* REPOR'r # PD ~ I - 01 '-~ E~ c,) c~---- ' -,-. ~l::s~ lira.- cc"' -~ ~-. II1~~ "'- -~ ~ III /11 "~ ~ > E' ~ ~ ~ · ill ~-~ ~ ~=--- III III ~ Ill. ~= ~[ '= ~ ~ -~ ~' III ~ e ~ E = = III~ E E ~ .~ ~ · III.~ ~ ~ ~ ~ ~ III= = o ~ ~: III III Ill ** . -,.. ,,,. ',',. 0 III e ~ .~ ~ ~ m III 8 ~ ~ ~ ~ ~ Ill ~ E ~ ' [ ~ III ~ ~ ~'~ ~ ~ III ~ o .> III -g ~ ~ _ ~ ~ III ~ ~ = ATTACHMENT REPORT # PD_ 057 INFORMATION REPORT NO. 24-00 FOR PUBLIC INFORMATION MEETING OF August 10, 2000 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P. 13 SUBJECT: Zoning By-law Amendment Application A18/00 Old Forest Investments Ltd. et al. Part of Lot 18, Range 3, B.F.C. (981 Brock Road, south of Bayly Street) City of Pickering 1.0 2.0 3.0 3.1 3.2 PROPERTY LOCATION AND DESCRIPTION the subject property is 0.4 hectares in size, and is located on the east side of Brock Road, south of Bayly Street (see Attachment #1 - Location Map); a one-storey commercial building of approximately 885 square metres is currently situated on the property (see Attachment #2 - Approved Site Plan); commercial and light industrial operations surround the property on the north, east, south, and west sides. APPLICANT'S PROPOSAL - the applicant proposes to expand the range of uses permitted by current zoning on the site, including a personal service shop, convenience store, and office-associated commercial establishment (for a complete list, see section 3.4 of this Report); - no additional floorspace is proposed. OFFICIAL PLAN AND ZONING Durham Regional Official Plan - The Durham Regional Official Plan designates the "Employment Area", which permits a wide range of employment-related uses; - the applicant's proposal appears to comply with this designation. subject lands as employment and Pickering Official Plan "Schedule I - Land Use Structure" to the Picketing Official Plan, designates the 058 Information Report No. 24-00 ATTACHMENT ,I'_._._.~TO REPORT# PD ~l-nl Page 2 3.3 3.4 section 15.14 of the Plan states that for proposed retail/commercial development of less than 2,500 square metres, Council may require the submission of a Retail Impact Study to justify the proposed floorspace; "Schedule II - Transportation Schedule" to the Pickering Official Plan, designates Brock Road as a Type C Arterial; such a designation indicates the road is designed to accommodate lower volumes of traffic at lower speeds (relative to Type A and B arterial roads); Compendium Document to the Official Plan the subject property is located within a Detailed Review Area of the Brock Industrial Neighbourhood; Development Guidelines have not been prepared for the area; Zoning By-law Zoning By-law 2511, as amended by By-law 2642/88, identifies the subject lands as 'MC' - Industrial/Commercial Zone; subject to certain provisions and specific definitions, the following uses are currently permitted on this site: · accessory dwelling unit · assembly halls · business offices · commercial-recreational establishments · dry cleaning depots · dry cleaning establishments · food preparation plants · light manufacturing plants · merchandise service shops · professional offices · restaurants · sales outlets · scientific or medical laboratories · vehicle repair shops · vehicle sales shops · warehouses the applicant has proposed to add the following uses: · bakery · office-associated commercial establishment · commercial clubs · personal service shop · commercial schools · printing establishment · convenience store · private club · distributing depot · public club · medical offices and optical - the applicant has also proposed to increase the percentage of an industrial use that may be dedicated to a sales outlet, from 20% to 40% of the unit's gross floor area; - an amendment to Zoning By-law 2511 is required to accommodate the proposed uses and provisions. 4.0 4.1 RESULTS OF CIRCULATION Resident Comments - as of the writing of this Report, one comment has been receiw:d; a local business operator is concerned that the proposed addition of a convenience store to the subject property will cause difficulties for similar existing operations, mid that the site does Information Report No. 24-00 ATTACHMENT ~ I~ TO 0 5 9 REPORT# PO t~]-()l Page 3 4.3 Staff Comments - staff have recently completed a zoning framework which provides a list of permitted uses for the various Employment Area designations of the Official Plan (see Attachment #4); - based on this framework, staff will review the list of proposed additional uses to determine if they are appropriate for this particular site, compatible with each other, and compatible with currently-permitted uses; - the type and size of certain proposed uses may be influenced by the site's arrangement and supply of parking; - we note that the proposed "medical offices and optical" use is currently permitted by the "professional office" definition; - it may be necessary to place certain restrictions on existing and proposed uses, such as: maximum unit size; maximum aggregate floorspace for specific uses; and, minimum parking requirements for specific uses; - the applicant's proposal is not of a scale or complexity to warrant the undertaking of a Detailed Review for the area in which the site is located; - considering the applicant is not proposing additional floorspace on the subject property, staff will not be requiting the submission of a Retail Impact Study. 5.0 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public 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. 6.0 6.1 6.2 OTHER INFORMATION Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing this Report; Company Principal - applicant advises that Mr. Michael Kerzner is a principal with Old Forest Investments Ltd. O6O ATTACHMENT# REPORT # PD APPENDIX I TO INFORMATION REPORT NO. 24-00 COMMENTING RESIDENTS AND LANDOWNERS (1) Mr. J. Yoon COMMENTING AGENCIES (1) None to date. COMMENTING CITY DEPARTMENTS (1) Planning & Development Department ATTACHMENT# REPOR'I' # PD 061 Excerpts of Statutory Public Information Meeting Minutes of Thursday, August 10, 2000 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, August 10, 2000 at 7:05 p.m. in the Council Chambers. (ii) ZONING BY-LAW'AMENDMENT APPLICATION A 18-00 OLD FOREST INVESTMENTS LTD. ET AL. PART OF LOT 18, RANGE 3 BFC (981 BROCK ROAD~ SOUTH OF BAYLY STREET) Geoff McKnight, Planner II, provided an explanation of the application, as outlined in Information Report #24-00. O6 The Region~l Municipality of Durham Planning Department BOx 623 1615 Dundas St. E. ' 4th Floor Lang Tower West Building Whitby, Ontario Canada L1N 6A3 Tel: (905) 728-7731- . - Fax: (905) 436-6612 A. L. Georgleff, MaP, R;'~'. Commissioner of Planning .ATTACHMENT REPOR1' ~' PD August 3, 2000 Geoff McKnight, planner City of Pickering Planning Department Pickering Civic Complex. One The Esplahade Pickering, ON L1V 6K7 TO Dear Mr. McKnight: Re: Zoning By-law Amendment Application .A18/00 Applicant: Old Forest Investments Ltd. et al. Location: ' East side of Brock Road, south of Bayly Street Part of Lot 18, Range 3, Broken Front Concession Municipal!ty: City of Picketing In. response to your request, we wish to provide the following comments With respect to conformity with the Region. of Durham Official'Plan, the proposed method of servicing and delegated provincial plan review reSpOnsibilities. The purpose of the proposed zonihg by-law amendment is to expand the range of uses to permit such uses as a personal service shop; convenience store, and office-related commercial establishments. The subject lands are .designated as "Employment' Area" within the Region of Durham Official'Plan. Within this designation, various employment and related uses including service indUstries, business parks,, limited personal service uses and .retail sales as a minor component of an industrial operation, are permitted subject to the inclusionof appropriate provisions in the appropriate municipal 'official plan and/or Zoning by-law. Therefore the proposed uses appear to conform to policies of the Region of Durham. Official Plan. It should be noted that for other similar developments in "Employment Area" designations that we have agreed that retail sales outlets accessory to a permitted use may occupy 25% of the gross leasable area and that as an exception, a. retail sales area may increase to 40%, provided the aggregate tota retail floor area does not exceed 25%; The site is presently on full municipal services. There do not appear to be any expansions to the building proposed at this time. Should the applicant propose any changes to the existing 'access/entrance points to the site then six (6) copies of the detailed site servicing.plan are to be submitted to the Region for ap~reval, .prior to the Zoning By-law amendment being approved. No provincial interests appear to be affected by this application. If you have any questions-or require any information, please call me. Yours truly, Cherie Mills, 'MCIP, RPP Planner Current OPerations Branch · cc R. Roy, Region of Durham Works Department N:~IM\CAM~ZONING~PICKERING\I $-00 10096 Post Consumer ATTACHMENT# ~ TO REPORT # PD (~1 ' ~ I 063 VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW ADDRIgS$/PLAN: 981 Brock Road South The Applicant must make direct application to the Corporation to obtain specific approval of the elecffical service arrangements and related work for this project. An electrical consultant or decttician is strongly recommended to co-ordi~ate service details. The applicant is cautioned that tenders, contracts, or work initiated prior to obtaining specific approval will be subiect to change. The existing service to this bullring may be inadequate. Details regarding a service upgrade can be obtained from out offices. Prior to obtaining a building permit, the Applicant shall, by agreement, confirm acceptance of the terms and conditions of providing electrical service. Other:, · Servicing details will depend on loading details provided by the Applicant. Teclmical Representative - Don Barnett Tdephone 427-9870 Ext. 3253 P?/d[ _.x ~_., ..... ,~u~,in~ lte~\Pickedag\lO00\OId f~o:~t Inve~tmena et. aL - 981 Etmc~ Road Soubh.doc THE DURHAM DISTRICT SCHOOL BOARD Facilities Services 400 Taunton Road East 'JVhitby, Ontado L1R 2K6 Telephone: J905] 666-5500 1-800-265-.3968 Fax: J9051 666-6439 August 14, 2000 ATTACHMENT REPORT ~ PD TO AUG 1 7 Z000 OI'TY OF PICKERING PICKERING, QNTARIQ The Corporation of the City of Picketing Planning Department Picketing Civic Centre One The Esplanade Picketing, Ontario L1V 61(7 Attention: Mr. GeoffMcKnight Dear Mr. McKnight, Zoning By-law Amendment Application Al8/00 Old Forest Investments Ltd. et. aL Part of Lot 18, Range 3, B.F.C. (981 Brock Road, south of Bayly Street) .... City of Pickering Staff has reviewed the information on the above noted appl~icafion and unde~ the mandate of the Durham District School Board, has no objections. Yours truly, Christine Nancekivell, Planner I:~PROPLAN~ATA~PLNO~_.,BL~I 8-00 O65 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY It is recommended that Report CS 03-01 of the Director, Corporate Services & Treasurer concerning Bill 140 - Continued Protection for Property Taxpayers Act, 2000, be received by Council for information. 066 PIC, KERING REPORT TO COUNCIL FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: January 15, 2001 REPORT NUMBER: CS 03-01 SUBJECT: Bill 140 - Continued Protection for Property Taxpayers Act, 2000 RECOMMENDATION: It is recommended that Report CS 03-01 of the Director, Corporate Services & Treasurer be received by Council for information. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: The Municipal Act, RSO 1990 FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: On November 17th, a memo was sent from the Director, Corporate Services & Treasurer regarding the introduction of Bill 140. The memo also included the Province's press release and a compendium briefly explaining Bill 140. This report is an update and expands the discussion into the City's 2001 Budgets and taxes. BACKGROUND: In 1998, the Province of Ontario introduced the new Ontario Fair Assessment System (OFAS). Property was now going to be assessed at "current value," uniformerly across the Province. The purpose of the new assessment system was to eliminate the historical inconsistent measure of property values across the Province. Prior to 1998, each municipality withm Durham Region used a different assessment base year for determining assessment. The', new OFAS used Report to Council CS 03-01 Date: January 15, 2001 Subject: Bill 140 - Continued Protection for Property Taxpayers Act, 2000 Page 2 067 provided on December 16th, 2000. The changes are directly attributable to the change in valuation dates from June 1996 to June 1999. Taxation staff fielded over five hundreds queries from local taxpayers regarding the revised re-assessment. Staff did spend some time explaining the two appeal options which are the: Request for Reconsideration and Assessment Review Board Appeals. Table One City of Picketing New Assessment Realty Tax Class* OLD NEW Increase % ASSESSMENT ASSESSMENT (Decrease) Change Office Building $19,565,560 Shopping Centre 230,065,717 Industrial 127,596,620 Large Ind 48,944, 881 Multi-Res 33,355,705 Residential 4,803,880,535 Managed Forests 1,402,395 Commercial 451,017,724 TOTAL $5,715,829,137 *Excludes the exempt realty property tax class. $19,634,745 $69,185 0.35% 212,055,066 -18,010,651 -7.82% 153,336,000 25,739,380 20.17% 57,817,776 8,872,895 18.130% 47,550,075 14,194,370 42.55% 5,428,632,584 624,752,049 13.00% 1,851,100 448,703 31.99% 506,551,733 55,534,009 12.31% $6,427,429,079 $711,599,942 12.44% This realty class includes property such as schools and churches. There are several keys points regarding the above information: · The assessment numbers include "real assessment growth," such as construction as well as general increases and decreases in property values. · The decrease in assessment for the Shopping Center class is mainly due to a decrease in the property valuation of a large shopping center complex. Assessment values for office buildings, shopping centers are usually determined by rental income. · The large increase in Industrial tax class is mainly due to a change in assessment value for land. The per acre land value under the old assessment was $97,000 and the revised assessment is $162,000. 068 Report to Council CS 03-01 Date: January 15, 2001 Subject: Bill 140 - Continued Protection fo]: Property Taxpayers Act, 2000 Page 3 Legislation Changes - Son of Bill 79 - Bill 140 Continued Protection for Property Taxpayers Act After the municipal election, the Province tabled "son of Bill 79," the Continued Protection for Property Taxpayers Act (Bill 140). The major thrust of the Act is to maintain the tax protection provided to the Industrial, Commercial and Multi-Residential realty tax classes. Tax protection was introduced originally in December 1998 (Bill 79), to mitigate the effects of large tax increases as a result of property tax reforms introduced by the Provincial government in the early part of 1998. Bill 140 also introduced changes to: management of vacancies in their application to property tax, property tax reductions due to hardship;, and, technical amendments regarding the treatment and billing of taxes. Many of the technical details regarding implementation of these changes are missing and therefore the information presented below will be more of a general nature. The information that is missing will come in the form of Provincial Government "Regulations". It is interesting to note, that in Bill 140, that there are over 100 references regarding future Regulations to be issued. Business Property Vacancies Prior to Bill 140, any business property or unit that was classified as vacant received a reduction in their tax rate of 30% for commercial or 35% for industrial. (On the returned assessment roll for 2001 property taxation, all commercial and industrial properties are reflected as fully occupied.) Previously, business property owners had to apply to OPAC for a vacancy tax status if their property or units were vacant for the months of July to September. I:~' they were vacant, the property or unit would receive a tax break for the following year. (OPAC would usually send out an assessor to verify the vacancy.) The business property owners complair:ed that this system was unfair and lobbied the government to change the system. Bill 140 introduces a "real-time" approach to vacancy taxation management. The property owner will now submit an application to the local municipality for a rebate. Applications may either be filed during the year or up to February 28th of the following year. A key concern for Finance staff is the verification of the vacancy after an application has been made in the following year. There exists a potential for taxation revenue erosion. Until the Regulations are issued, Finance staff can only speculate regarding the management of this pro~,-ram. In any event, there will most likely be a significant increase in workloads of some staff for at least part of the year. Optional Relief from Hardship Local municipalities will now have the option of providing property tax reductions or refunds to owners of residential property who are in an economic hardship position. M~.micipalities would determine the amount of relief and eligible criteria. School Boards would automatically share in the relief and the upper tier municipally has the option of participating in this program. At first glance this program appears to be one that could benefit the local taxpayers and can be viewed as a social assistance program. However, from an administration perspective this Report to Council CS 03-01 Date: January 15, 2001 Subject: Bill 140 - Continued Protection for Property Taxpayers Act, 2000 Page 4 069 is no time limit on the cap and allows properties to re-enter capping protection due to Province wide re-assessment changes. For example: a property receiving no capping protection this year, but due to Province wide re-assessment in the future may find themselves as a candidate for capping protection due to a substantial increase in assessment. Therefore, a property can now exit and enter capping protection with re-assessment changes. Municipal Budgetary Increases Under Bill 79, municipal levy increases (budget increases) could be added to the capped properties tax bill. Therefore, the capped property tax classes continued to pay their "fair share" of budgetary increases. Under Bill 140, there appears to be the possibility of a municipal levy increase not being distributed to the capped classes. Bill 140 allows municipalities to add budgetary tax increases to the capped classes if the existing tax ratio for that class is lower than the benchmark "average" ratio as defined by the Province. An example may help to illustrate the previous statement. The Durham Region tax ratio for the Multi-Residential class is 2.71 times that of the Residential tax class. In other words, for every tax dollar a residential property owner pays, the multi-residential taxpayer would pay $2.71. The 2.71 tax ratio is the highest within the 905 regions. Therefore, staff are fairly confident that the current 2.71 multi-residential tax ratio would be above the Provincial benchmark ratio. Under this scenario, the budgetary increase for Pickering and the Region would not be added to the multi-residential tax bill. Instead, the multi-residential portion of the increase would be re- directed to the other realty tax classes. The Residential tax class is approximately 73.% of the tax base and therefore, for every tax dollar that is re-directed - seventy-three cents flows to the Residential tax class. Newspaper articles have referenced the term "hard cap." The hard cap term is basically when a municipality can not pass a budgetary increase on to a capped property class. (This would occur when the tax ratio for the class is above the provincial average.) As the above example illustrates, the mulit-residential property class would fall under the hard cap. The introduction of the hard cap, translates into lower rates of tax increases for the capped classes when compared to the non capped residential property classes. Municipal budgetary increases would not be passed on to the "hard capped" realty tax classes. It appears from the preliminary information that we have received regarding Bill 140, that the Residential Property Tax Class will experience the largest changes in property taxes. ATTACHMENTS: Not applicable Prepared By: Approved/Endorsed By: C'~ll~e A Patorenn O7O RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY It is recommended that Report CS 02-011 of the Director, Corporate Services & Treasurer, concerning 2001 Interim Levy and Imerim Tax Instalment Due Dates, be received by Council; and that 1. an interim levy be adopted for 2001 :for all of the realty property classes; 2. the interim levy instalment due dates be February 26 and April 26, 2001; the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 4. the attached by-law, providing for the imposition of the taxes, be read three times and approved by Council; and 5. the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. REPORT TO COUNCIL 071 FROM: Gillis A. Paterson Director, Corporate Services & Treasurer DATE: January 15, 2001 REPORT NUMBER: CS 02-01 SUBJECT: 2001 Interim Levy and Interim Tax Installment Due Dates RECOMMENDATION: It is recommend that report CS 02-01 of the Director, Corporate Services & Treasurer be received by Council and that: 1. an interim levy be adopted for 2001 for all of the realty property classes; 2. the interim levy installment due dates be February 26 and April 26, 2001; 3. the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; 4. the attached by-law, providing for the imposition of the taxes, be read three times and approved by Council; and, 5. the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. ORIGIN: Director, Corporate Services & Treasurer AUTHORITY: Municipal Act, R.S.O. 1990 as amended, Section 370(1) FINANCIAL IMPLICATIONS: Adoption of the recommendations and passing the by-law will allow staff of the Corporate Services Department to bill the 2001 interim levy to all properties. Passing of the by-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. O72 Report to Council CS 02-01 Subject: 2001 Interim Levy and Interim Tax Installment Due Dates Date: January 15, 2001 Page 2 taxes levied on the property by 50 per cent. The tax levy raises funds that are used for the continuing operations of the City, Region mid the School Boards. BACKGROUND: In previous years, the interim tax rate calculation was based on the relationship between the property's current assessed value and the corresponding municipal tax rate. In other words, the interim taxes were calculated as: (Current Assessed value) X 50% X (Municipal tax rate) = Interim tax levy For the 2001 interim levy, the relationship between assessed value and municipal tax rate in theory no longer exists. Instead, the 2001 interim levy for the majority of properties is calculated by taking the total property taxes paid in 2000 multiplied by 50 per cent. For example: Total taxes paid in 2000 Multiplied by Interim Taxes Payable $2,000 503/0 $1,000 At first glance, the taxes payable would appear to be the same whether we used the 2000 or 2001 interim tax calculation methodology. However, the recent Province wide re-assessment is NOT taken into consideration when calculating the interim taxes payable. For those property owners where the assessment went down or up, the impact .of the assessment changes is postponed to the final 2001 tax bill. Property owners who received substantial assessment increases lose the benefit of spreading the potential tax increases over four payments. The above example regarding 2001 tax calculation would apply to the majority of the properties except for newly constructed homes or buildings and the Bill 79 realty tax class family. For the Bill 79 realty tax family, the Bill 79 capping adjustment factor has to taken into consideration. For those property owners that received a 2000 supplementary tax bill, the 2(}01 interim tax bill is calculated by also including a portion of their supplementary tax bill. (Initially, new homeowners taxes are based on the assessed value of their land. A separate tax bill is issued for the taxes related to the structure and the tax bill is retroactive to the date of occupancy.) Billing Software Changes As mentioned above, in previous years, the interim tax bill was simply calculated by multiplying the previous year's tax rate by 50%. For the 2001 interim billing, the software vendor has to make adjustments to the billing software to apply the 50% rate to actual taxes levied. In addition, the billing software has to be adjusted for those property's that received a supplementary tax bill. The tax software vendor has issued a preliminary warning stating that there may be a delay in issuing the interim tax bill. The changes to the interim tax bill calculation has translated into additional workload for taxation staff. Staff have been keying revised assessment information into the system due to Section 442 adjustments (demolitions) and part year ARB decisions. (in previous years, the new assessment roll data would reflect the assessment changes.) In addition, a more detailed testing Report to Council CS 02-01 Subject: 2001 Interim Levy and Interim Tax Installment Due Dates Date: January 15, 2001 073 Page 3 Interim Final Scenario#1 Feb 26, April 26 June, Sept. Scenario#2 March 28, April 26 June, Sept. Scenatio#3 One date - April 26 June, Sept. Scenario#4 Two installments April June, Sept. If there are substantial delays in the interim billing of taxes due to software problems or Provincial government regulation changes, then there exists the possibility of the interim taxes being billed as outlined under either scenario#2,3 or 4. It was always staff's understanding that Recommendation#3 would be used to change the due dates by a few days in order to meet Provincial legislation requirements. (Section 399, subsection six of the Municipal Act states the property owner must have at least twenty-one days to pay their taxes.) A report would be prepared to Council if the taxes were being billed under scenarios number two to four. The proposed interim installment due dates for 2001 are similar to those in place since 1976. ATTACHMENTS: 1. By-Law to Establish the 2001 Interim Installment Due Dates Prepared By: Stan Karwowski Manager of Finance GP:vw Attachment Approved / Endorsed By: · Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Picketing City Council T~; J. Qui~, Chie}' A~in~Je;-- 074 ATTACHMENT THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2001. WHEREAS Section 370, subsection (1) of the Municipal Act R.S.O. 1990, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, under section 367, may pass a by-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and WHEREAS, the Council of the Corporation of the City of Picketing deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The amounts levied shall be as follows: (a) For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied on in the year 2000. (b) For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied on in the year 2000. (c) For the payment-in-lieu property, classes, there shall be imposed and collected an interim levy off If no percentage is prescribed, 50% of the total taxes for mtmicipal and where applicable for school purposes, on in the year 2000. For the purposes of calculating the total amount of taxes for the year 2000 under paragraph one, if any taxes for municipal and school purposes were levied on a property for only part of 2000 because assessment was added to the collector's roll during 2000, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes has been levied for the entire year. o The provision of this by-law apply in the event that assessment is added for the year 2001 to the collector's roll after the date this by-law is passed and an interim levy shall be imposed and collected. 4. Taxes shall be payable to the Treasurer, City of Picketing. o 10. 11. 12. 075 The Treasurer or the Tax Collector shall be and they are hereby authorized to accept part payment from time to time on account of any taxes due, and to give a receipt for such part payment provided that acceptance of any such part payment does not affect the collection of any percentage charge imposed or collectable under Section 399, Subsection (3) of the Municipal Act R.S.O. 1990, in respect to non-payment of any taxes or any class of taxes or of any installment thereof. The Treasurer-Collector is hereby authorized to prepare and give one separate tax notice for the collection of 2001 taxes, one notice being an INTERIM notice, with two installments, as follows: INTERIM Tax Notice - due date of the first installment February 26, 2001 - due date of the second installment April 26, 2001; or either date adjusted by the Director, Corporate Services & Treasurer Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c. A31, as amended, the percentage charge (one and one-quarter percent) as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues but not after December 31 of the year in which the taxes become payable, and it shall be the duty of a Tax Collector, immediately to collect at once, by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred. In respect of taxes payable under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c.A.31, as amended, the percentage charge (one and one-quarter percent) imposed as a penalty for non-payment of taxes and monies payable as taxes shall be added to every amount of taxes so payable remaining unpaid on the first day after twenty-one days from the date of mailing by the Treasurer or a Tax Collector of a demand for payment thereof and on the first day of each calendar month thereafter in which default continues but not after December 31 of the year in which the taxes become payable; and it shall be the duty of a Tax Collector immediately after the expiration of the said twenty-one days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said twenty-one day period, together with the said percentage charges as they are incurred. Nothing herein contained shall prevent the Treasurer or Tax Collector from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer or Tax Collector on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this by- law and such payment shall relieve the employer from any liability to the employee for the amonnt ~qo naid. 076 14. That this by-law is to come into effect on the 1st day of January, 2001. BY-LAW read a first, second and third time and finally passed this 5th day of Febraury, 2001. Wayne Arthurs, Mayor Brace Taylor, Clerk 077 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Clerk's Report CL 01-01 regarding the dissolution of the Pickering/Ontario Hydro Liaison Committee be received; and 1. That Resolution #224/95, Item #5, passed by Council on November 6, 1995, to establish the Pickering/Ontario Hydro Liaison Committee is hereby rescinded. 2. That the members of the Pickering/Ontario Hydro Liaison Committee be sent a letter thanking them for their participation on the Committee. 078 REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: January 15, 2001 REPORT NUMBER: CL 01-01 SUBJECT: Dissolution of the Pickering/Ontario Hydro Liaison Committee RECOMMENDATION: That Clerk's Report CL 01-01 regarding the dissolution of the Picketing/Ontario Hydro Liaison Committee be received; and That Resolution #224/95, Item #5, passed by Council on November 6, 1995, to establish the Picketing/Ontario Hydro Liaison Committee is hereby rescinded. That the members of the Pickering/Ontario Hydro Liaison Committee be sent a letter thanking them for their participation on the Committee. ORIGIN: Consensus of Pickering/Ontario Hydro Liaison Committee made at meeting of December 12, 2000. AUTHORITY: Section 102.1 (1) of the Municipal Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The purpose of this Report is to recommend the dissolution of the Picketing/Ontario Hydro Liaison Committee which was established in 1995 but whose mandate has new been essentially superceded by the Community Advisory Council. BACKGROUND: -2- 079 At its meeting of December 12, 2000, the members of the Picketing/Ontario Hydro Liaison Committee decided, through consensus, to no longer meet and therefore Council should formally dissolve this Committee. The primary reason for dissolving this Committee is that a Community Advisory Council has been established comprised of representation from all ratepayer groups, the Durham Nuclear Health Committee, the Toronto and Region Conservation Authority, the Ajax-Picketing Board of Trade, the Regional Public Works Department, the Town of Ajax and the City of Picketing. Tom Melymuk, Division Head, Corporate Projects & Policy, represents the City at all Community Advisory Council meetings. Because of the wide base of representation on the Community Advisory Council, it was felt that the Community Advisory Council is an appropriate vehicle to address issues and concerns relating to the Picketing Nuclear Generating Station which can be utilized by the City Council. Prepared By: r, City Clerk Copy: Mayor Arthurs Recommended for the consideration of Pickering ff~h;mas J./(~inn, CJdef-~ministrative dm°er O8O RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the letter from the Durham Catholic District School Board dated January 4, 2001 recommending the appointment of Hans Van Leeuwen as the Board's representative on the Public Library Board be received; and That the draft by-law to appoint Harks Van Leeuwen to the Public Library Board be forwarded to Council for enactment. REPORT TO COUNCIL 081 FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: January 15, 2001 REPORT NUMBER: CL 02-01 SUBJECT: Appointment to Public Library Board RECOMMENDATION: That the letter from the Durham Catholic District School Board dated January 4, 2001 recommending the appointment of Hans Van Leeuwen as the Board's representative on the Public Library Board be received; and That the draft by-law to appoint Hans Van Leeuwen to the Public Library Board be forwarded to Council for enactment. ORIGIN: Letter from the Durham Catholic District School Board dated January 4, 2001 AUTHORITY: Public Libraries Act FINANCIAL IMPLICATIONS: Not applicable EXECUTIVE SUMMARY: The Public Libraries Act requires Council to appointment one member to the Public Library Board on the recommendation of the local separate school board. BACKGROUND: The Public Libraries Act allows Council to establish a nine person public library board which is to be comprised of' two persons recommended by the local public school board, one person recommended by the local separate school board and the remaining six persons may be any combination of local residents or Members of Council so long as the number of Members of 082 Report to Council CL 02-01 Subject: Appointment to Public Library Board Date: January 15, 2001 Page 2 ATTACHMENT S: Letter from Durham Catholic District School Board Draft by-law to appoint Hans Van Leeuwen Bruce-Taylor, City Clerk Attachments Copy: CEO, Public Library Board Recommended for the consideration of Pickering City Council ql~0~n~as J. Quinn~tChief/{dminist'~l'~e Offic~ 083 TH£ DURHAM CATHOLIC DISTRICT $cHOO~EiOAI:ID Catholic Education: Learning & Living in Faith 3anuary 4, 2001 N ] z zoo] ULY) CITY OF PICKEFIING PIOKI~RING, ONI'AFIIO Mr. Bruce Taylor, City Clerk City of Pickering Pickering Civic Complex One The Esplanade Picketing, Ontario L1V 6K7 Dear Mr. Taylor: RE: LIBRARY BOARD REPRESENTATIVE The following motion was approved by the Durham Catholic District School Board at the December 18, 2000 Regular Board Meeting: "THAT the Durham Catholic District School Board recommend to the City of Pickering the appointment of Hans Van Leeuwen as the Board's representaUve on the Pickering Public Ubrary Board for the period December 1, 2000 to November 30, 2003." Yours truly, Grant A. Andrews, Director of Education GAA: KB cc: H. VanLeeuwen 650 Rossland Road West, Oshawa, Ontario L1J 7C4 Telephone (905) 576-6150 Fax (905) 576-0953 Grant A. Andrews, B.A., M. Ed. - Director of Education/Secreta~//Treasurer THE DURHAM CATHOLIC DISTRICT SCHOOL BOARD :1: o 084 Catholic Education: Learning & Living in Faith .lanuary 4, 2001. Mr. Hans VanLeeuwen 734 Annland Street Pickering, Ontario LlW 1B6 Dear Hans, I am pleased to advise you that at the December 18, 2000 Regular Board Meeting, the Board of Trustees of the Durham Catholic District School Board recommended to the City of Picketing your appointment as the Board's representative on the Pickering Public Library Board for the period December 1, 2000 to November 30, 2003. A copy of this letter and the approved Board motion has been forwarded to the City Clerk for their information (enclosed). I would once again like to thank you for volunteering to sit as our representative. It is nice to know that our Catholic ratepayers will be well represented on the Pickering Library Board. Yours truly, Grant A. Andrews, Director of Education GAA: KB encl. cc: City Clerk 650 Rossland Road West, Oshawa, Ontario LIJ 7C4 Telephone (905) 576-6150 Fax (905) 576-0953 Grant A. Andrews, B.A., M. Ed... Director of Education/Seereta~/Frreasurer THE CORPORATION OF THE CITY OF PICKERING 085 BY-LAW NO. Being a by-law to appoint Hans Van Leeuwen to the City of Pickering Public Library Board WHEREAS pursuant to the Public Libraries Act, R.S.O. 1990, Council shall appoint one person to the local public library board on the recommendation of the local separate school board; and WHEREAS the Durham Catholic District School Board, in a resolution passed on December 18, 2000, has recommended the appointment of Hans Van Leeuwen to the City of Picketing Public Library Board; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Hans Van Leeuwen is hereby appointed to the City of Picketing Public Library Board for a term to expire on November 30, 2003. BY-LAW read a first, second and third time and finally passed this 5th day of February, 2001. Wayne Arthurs, Mayor Brace Taylor, Clerk 086 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the draft by-law to appoint ten persons to enforce the Parking By-law at Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road, be forwarded to Council for approval. REPORT TO COUNCIL 087 FROM: Bruce Taylor, AMCT, CMM City Clerk DATE: January 15, 2001 REPORT NUMBER: CL 3/01 SUBJECT: Appointment to enforce the Parking By-law at Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road, in Pickering RECOMMENDATION: That the draft by-law to appoint ten persons to enforce the Parking By-law at Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road, be forwarded to Council for approval. ORIGIN: Letter from Intertec Security & Investigation Limited, dated December 28, 2000 AUTHORITY: Section 15(I) of the Police Services Act. R.S.O. 1990, c.P.15 FINANCIAL IMPLICATIONS: None EXECUTIVE SUMMARY: N/A BACKGROUND: Correspondence has been received from Intertec Security & Investigation Limited requesting the appointmem of ten persons as By-law Enforcement Officers for the purpose of enforcing the Parkine By-law at Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road. 088 Report to Council CL 3/01 Subject: Appointment of By-law Enforcemem Officers Date: Jantkary 15, 2001 Page 2 Prepared By: Approved / Endorsed By: Debbie Kearns BT:dk Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council · . - /_:0-~)" ]-----...,,,,.,~-Io.~ Th&r~ J. Quint{ Chief Administr- 'ye Off, e'er · Uniformed Security · Mobile Patrol Services · Alarm Response Team · Security and Investigation Consultants · Executive Protection · Electronic Debugging · U.L.C. Approved Monitored Alarm Systems* · U.L.C. Approved Monitoring Station* · C.C.T.V. and Card Access Systems · General Investigation * Intertec Alarms Inc. 100% subsidiary 939 Eglinton Ave. East Suite 119 Toronto, Ontario M4G 4E8 Tel: (416) 424-2002 Fax (416) 424-4695 INTERTEC D Thursday December 28, 2000 The City Of Pickering I The Esplanade Pickering, Ontario L1V 6K7 Attention: Debbie Kerns Clerks Division Dear Ms. Kerns, As per our previous conversation, I am submitting this letter to apply for By-Law Enforcement for Discovery Place in Picketing. We are the security services provider for Discovery Place and would like to implement Parking Enforcement on site as soon as possible. The information you will need is as follows: Officers to be listed as Taggin~ Officers: 1. Bruce Owttrum 2. Melody Laueson 3. Micheai Czapinski 4. Allison Smith 5. Nick Tsoukalis 6. John Hillier 7. Bill Van Oorschot 8. Brian Bernard 9. Kenneth Johnston 10. Valdez Santos Site Supervisor Security Officer Security Officer Security Officer Patrol Supervisor Patrol Supervisor Patrol Supervisor Patrol Supervisor Patrol Supervisor Patrol Supervisor Site Information: Discovery Place DCC # 106 and #93 1880 and 1890 Valley Farm Road Pickering, Ontario LIV 6B3 Mrs. Frances Pozer, Property Manager Menkes Property Management (905) 837-9251 I hope this information is sufficient and look forward to hearing from you. Sincerely~ . Debra LaRush Account Executive 09O I TO REPORT THE CORPORATION OF THE CITY OF PICKERING BY-LA.W NO. Being a by-law to appoint By-law Enforcemem Officers for certain, purposes (Parking Regulation - Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road) WHEREAS pursuant to section 15(I) of the Police Services Act., R.S.O. 1990, c.P. 15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law e~>rcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF 'THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The following officers be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and is hereby authorized to enter at all reasonable times upon lands municipally known as Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road: Brace Owttrum Melody Laueson Michael Czapinski Allison Smith Nick Tsoukalis John Hillier Bill Van Oorschot Brian Bernard Kenneth Johnston Valdez Santos The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section 1 ceasing to be employees of Intertec Security & Investigation Limited or upon ~[ntertec Security & Investigation Limited ceasing to be an agent of Discovery Place, DCC #106 and 93, 1880 and 1890 Valley Farm Road, or upon whichever shall occur first. BY-LAW read a first, second and third time and firmlly passed this 5th day of February, 2001.