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HomeMy WebLinkAboutMay 17, 2004 Council Meeting Agenda Monday, May 17, 2004 7:30 PM {I) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation (11) ADOPTION OF MINUTES Regular Meeting of May 3, 2004 Special Meeting of May 3, 2004 (111) PRESENTATIONS The Pickering Ringette Association will make a presentation to Mayor Ryan of sports equipment for use at the Recreation Complex. A Youth Heritage Volunteer Award will be presented by Mayor Ryan to Sara Barclay in recognition for her volunteer efforts at the Pickering Museum Village in 2003. (IV) DELEGATIONS John Murray, 1376 Everton Street, will address Council with respect to the issue of public alerting. Laura Drake, Chair, Pickering Museum Advisory Committee, will address Council concerning the upcoming event being hosted at the Museum by the Pickering Museum Advisory Committee and the Pickering Advisory Committee on Race Relations & Equity. (V) RESOLUTIONS PAGE 1. To adopt the Executive Committee Report EC 2004-08 dated 1-3 May 10, 2004. Council Meeting Agenda Monday, May 17, 2004 7:30 PM To consider Planning & Development Report PD 23-04 concerning Church Street Urbanization and Extension. 4-12 (VI) BY-LAWS By-law Number 6329/04 13-t9 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2499/87 to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, City of Pickerin9. (A 13/03) By-law Number 6330/04 2O Being a by-law to dedicate Blocks 2 and 3, Plan 40M-1795, Pickering as public highways. By-law Number 6331/04 21 Being a by-law to assume roads and services within Plans 40M-1795 and 40M-1809 under the jurisdiction of The Corporation of the City of Pickering for public use as public highways. By-law Number 6332/04 22 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1795, Pickering, from title. By-law Number 6333/04 23 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1809, Pickering, from title. -2- PICKEI,tl' 3 Council Meeting Agenda Monday, May 17, 2004 7:30 PM By-law Number 6334/04 Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. By-law Number ,6335/04 Being a By-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. 24 25-26 (w~) 1. CONFIDENTIAL MATTER To review a financial matter. 27-45 (VIII) OTHER BUSINESS (IX) CONFIRMATION BY-LAW (X) ADJOURNMENT -3- 001 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Executive Committee Report dated May 10, 2004, be adopted. CARRIED: MAYOR Appendix I Executive Committee Report EC 2004-08 That the Executive Committee of the City of Pickering having met on May 10, 2004, presents its eighth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 19-04 ZONING BY-LAW AMENDMENT APPLICATION A 13/03 HOME HARDWARE STORES LIMITED 477 - 481 KINGSTON ROAD PART OF LOT 31, RANGE 3, B.F.C. (PART OF LOT 1,2,3,4,9, PLAN 230) That Zoning By-law Amendment Application A 13/03, be APPROVED as set out in the draft by-law attached as Appendix I to Report No. 19-04, to amend the existing zoning on the subject property to permit a variety of Office and Commercial uses, submitted by Home Hardware Stores Limited, on lands being Part of Lot 31, Range 3, B.F.C. (Part of Lot 1,2,3,4,9, Plan 230), City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 13/03, as set out in Appendix I to Report Number PD 19-04 be FORWARDED to City Council for enactment. CORPORATE SERVICES REPORT CS 09-04 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES That Report CS 09-04 of the Director, Corporate Services & Treasurer, concerning Adjustment to Taxes, be received; and 2. That the write-offs of taxes as provided under Section 357/358 of the MunicipalAct, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 4 Appendix I Executive Committee Report EC 2004-08 PROCLAMATION "ELDER ABUSE AWARENESS MONTH" That Mayor Ryan be authorized to make the following proclamation: "Elder Abuse Awareness Month" - June, 2004 "National Nursing Week"-May 10- 14, 2004 -5- 004 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Council authorize the appropriate City officials to enter into a development agreement with 388270 Ontario Limited (Runnymede Development Corporation Limited) satisfactory to the Director, Planning & Development respecting the extension and urbanization of Church Street, from Bayly Street to Clements Road, and the extension and urbanization of Clements Road from its current terminus to the Church Street extension; and 2. That Council authorize, as a pre-2004 capital budget approval expenditure: a) $131,120.00 for urbanization and extension of Clements Road from its current terminus to Church Street (budget project code 04-2321-001-22); and b) $1,197,570.00 for urbanization and extension of Church Street from Bayly Street to Clements Road (budget project code 04-2321-001-23); and That the Director, Planning & Development be authorized to forward a letter to the Clerk, Town of Ajax advising of the City of Pickering's commitment to cover all costs relating to the Church Street extension and urbanization, and to maintain Church Street from Bayly Street to Clements Road; and 605 -2- That Council authorize staff to initiate the process to transfer the unopened portion of the Church Street mad allowance, south of Clements Road to Montgomery Park Road, to the Toronto and Region Conservation Authority, in consultation with the Town of Ajax; and That a copy of Report PD 23-04 be forwarded to the Clerk, Town of Ajax; and That the appropriate officials of the City of Picketing be authorized to give effect thereto. CARRIED: MAYOR 0O8 PICKERING REPORT TO COUNCIL Report Number: PD 23-04 Date: May 12, 2004 Nell Carroll Director, Planning & Development Subject: Church Street Urbanization and Extension 388270 Ontario Limited (Runnymede Development Corporation Limited) Part of Lot 15, 16, Range 3 B.F.C. (West side of Church Street, south of Bayly Street) City of Pickering Recommendation: -That Council authorize the appropriate City officials to enter into a development agreement with 388270 Ontario Limited (Runnymede Development Corporation Limited) satisfactory to the Director, Planning & Development respecting the extension and urbanization of Church Street, from Bayly Street to Clements Road, and the extension and urbanization of Clements Road from its current terminus to the Church Street extension; 2. That Council authorize, as a pre-2004 capital budget approval expenditure: a) b) $131,120.00 for urbanization and extension of Clements Road from its current terminus to Church Street (budget project code 04-2321-001-22); $1,197,570.00 for urbanization and extension of Church Street from Bayly Street to Clements Road (budget project code 04-2321-001-23); That the Director, Planning & Development be authorized to forward a letter to the Clerk, Town of Ajax advising of the City of Pickering's commitment to cover all costs relating to the Church Street extension and urbanization, and to maintain Church Street from Bayly Street to Clements Road; That Council authorize staff to initiate the process to transfer the unopened portion of the Church Street road allowance, south of Clements Road to Montgomery Park Road, to the Toronto and Region Conservation Authority, in consultation with the Town of Ajax; 5. That a copy of Report PD 23-04 be forwarded to the Clerk, Town of Ajax; That the appropriate officials of the City of Pickering be authorized to give effect thereto. Report PD 23-04 ~ubje,,t: Church Street Urbanization and Extension Date: May 12, 2004 097 Page 2 Executive Summary: in order to facilitate the development of a 66,543 square metre warehouse/distribution facility on lands currently owned by 388270 Ontario Limited (Runnymede Development Corporation) south of Bayly Street and west of Church Street, the applicant is required to extend storm sewer servicing within the Church Street right of way southward to Lake Ontario and the sanitary sewer to the Jodrel Road pumping station (see Attachment # 1 - Location Map - Applicant's Land Holdings). The City has requested the applicant to re-construct Church Street from its existing rural cross section to urban standards from Bayly Street to Clements Road, and to extend Clements Road from its current terminus to connect with Church Street. This will accommodate the distribution facility in addition to existing traffic demands in the Brock Industrial Area that may now use this alternative route. The City intended to initiate the urbanization of Church Street and the extension of Clements Road in 2005, as identified in the development charge by-law. However, with Runnymede's immediate development interests, it is appropriate to expedite the construction of Church Street, with Runnymede assisting by "front ending" construction costs and undertaking road construction works simultaneous with its building project. The Toronto and Region Conservation Authority has approved the permanent easement required for the sanitary and storm sewer alignments, which are located on lands owned by the TRCA. As a condition of approval, the TRCA has requested that the unopened Church Street road allowance south of Clements Road, be closed and transferred into TRCA ownership. Planning & Development Department staff support this request and propose to work with the Town of Ajax to implement this property transfer. In order for the City to enter into the required development agreement with 388270 Ontario Limited (Runnymede Development Corporation), staff requires authorization from Council to enter into the agreement and Council's approval respecting the expenditure of funds as a pre-2004 capital budget approval item. Financial Implications: Church Street urbanization south of Bayly Street and the extension of Clements Road to Church Street are two distinct projects identified in the City's Development Charge By-law. Both projects are identified for approval in the draft 2004 capital budget - Project code 04-2321-001-22 - $131,120.00 and Project code 04-2321-001-23 - $1,197,570.00 (total expenditure of $1,328,690). While the total amount of $1,328,690 requires approval by Council, arrangements with Runnymede will enable the City to defer payments such that a total of $231,120.00 will be paid for design work and limited construction in 2004, and the remaining $I,097,570.00 for construction paid in 2005. However, approval for both projects is required at this time. Due to the concurrent servicing works being undertaken by Runnymede aion§ Church Street, the City expects to experience cost savings on the total project. The Director, Corporate Services and Treasurer has reviewed this repo~ and concurs with its r'ecomn'tendations, Report PD 23-04 Subject: Church Street Urbanization and Extension Date: May12,2004 Page 3 Background: f.0 The extension of servicing for the Runnymede Development requires an accelerated timetable for Church Street improvements. Runnymede Development Corporation Limited (388270 Ontario Limited) has received conditional approval of land severance application LD 218/03, which proposes to create a 23.7 hectare parcel of land, in the vicinity of Church Street and Bayly Street, to support the development of a 66,543 square metre warehouse\distribution facility. In order to facilitate development of the subject property, the applicant is required to install storm and sanitary services within Church Street to an existing pumping station on Jodrel Road. This servicing will also accommodate future development of the lands located in the north-west sector of Bayly Street and Church Street. The City of Pickering's Development Charge By-law includes improvements to Church Street, reflecting 2005 as the anticipated implementation year. Planning & Development staff have established an agreement with Runnymede respecting "front ending" of costs associated with the urbanization and extension of Church Street and Clements Road. This agreement will enable the City to defer payments for the majority of construction costs related to the Church Street urbanization and extension to 2005. Payment for road design work and some construction costs will still be required in 2004. 1.1 Authorization to commit to repayments in 2004 and 2005. The City's Development Charge By-law provides a total allocation for the urbanization of Church Street and extension of Clements Road of $1,328,690.00. These works are identified as two distinct projects in the City's Development Charge By-law. Both projects are identified for approval in the draft 2004 capital budget. In order to complete design works for the total project and accommodate construction costs for Clements Road, it is necessary that the City commit to payment of $231,120.00 in 2004. The majority of the full project construction will occur in 2004, however the development agreement will delay any further payments by the City until 2005. We require authorization from City Council to commit to a payment in 2005 of up to a maximum of $1,097,570.00. It is anticipated that the City of Pickering will experience cost savings for this project as a result of the concurrent servicing works being undertaken by Runnymede Development Corporation. Report PD 23-04 Subject: Church ~tre~t Urbanization and Extension Date: May 12, 2004 Page 4 1.3 The Director, Ptanning & Development will advise the Town of Ajax respecting the City's commitment to construct and assume maintenance of Church Street south of Bayiy Street. The Town of Ajax has expressed concern with the proposed urbanization and extension of Church Street and with various aspects of the site plan application on Runnymede's land. The Town's concerns with the Church Street improvements are related to cost and maintenance. The Town of Ajax has requested written confirmation that the City of Pickering is prepared to construct Church Street, south of Bayly Street, at no cost to the Town of Ajax, and that the City is prepared to assume maintenance of this portion of Church Street. The Division Head, Municipal Property & Engineering recently met with Ajax staff respecting a draft boundary road agreement that will address all boundary roads between the Town and the City, including Church Street, south of Bayly Street. It is anticipated that a boundary road agreement acceptable to both parties will be achieved in the near future, and brought to the respective Councils for ratification. However, as a precautionary measure and in the event the boundary agreement is not finalized before construction must commence on Church Street, it is recommended that Council authorize the Director, Planning & Development to forward a letter to the Clerk, Town of Ajax, providing assurance that the City of Pickering is committed to cover all costs related to the Church Street extension and urbanization (save and except any extras that the Town of Ajax desires), and to the maintenance of Church Street from Bayly Street to Clements Road. This maintenance responsibility would then be taken into consideration in the final boundary road agreement. Toronto and Region Conservation Authority has requested conveyance of the unopened portion of Church Street, south of Clements Road, to the Authority Through discussions respecting potential sanitary and storm sewer alignments it was determined that the existing Church Street Road allowance south of Clements Road was not the preferred option, due to the presence of significant vegetation. The preferred alignment for the sewers is located on lands owned by the TRCA and the required permanent easement over the land was approved by the Authority on April 30, 2004. The TRCA has requested that the City of Pickering and the Town of Ajax work together to close the unopened Church Street Road allowance and transfer ownership to TRCA. This action will serve to protect the lands and consolidate ownership under the TRCA (see Attachment #2 - Unopened Church Street Road Allowance). Report PD 25-04 Subject: Church Street Urbanization and Extension Date: May12,2004 Page 5 Planning & Development Department staff concur with TRCA's request. Easements will be provided to protect City and Regional servicing interests, and the lands are designated Open Space System - Natural Area in the City's Official Plan. It is recommended that Council authorize staff to initiate the process to transfer the unopened portion of the Church Street road allowance, south of Clements Road to Montgomery Park Road, to the Toronto and Region Conservation Authority, in consultation with the Town of Ajax. Attachments: Location Map- Applicant's Land Holdings Location Map - Unopened Church Street Road Allowance Prepared By: Approved / Endorsed By: /,) Tyler Barnett / ¢~A-Senior Planner- Site Planning Robert ~arr-- Supervisor, Development Control Nell Carrol{,"l~ClP, ~P Director, Pl~miri~' & Development TB:Id Attachments Copy: Chief Administrative Officer. Recommended for the consideration of Pickering City Council, Th°r~'as 2. Qui~r~, ChiCAdministrati~e¢ffi~r ....... , STREET .. · · I _ / [ RETAINED ,, ~NOS l.__._ Il r~' r~ , , Oity of ~iokering ~lanning & Deveiopmem Depa~mem PROPER~ DESCRIPTION PART LOT 15 & 16, RANGE 3 BROKEN FRONT CONCESSION, 40R-2458 PART 1 OWNER 388270 ONTARIO LTD. (RUNNYMEDE DEVCORP LTD) DATE MAR. 23, 2004 j DRAWN BY JB FILE No. APPLICANTS TOTAL ~ND HOLDINGS SCALE ~:5000 CHECKED BY T~ 5OR DEPARTMENT US~ ONLY PN-/' , / AP,%IC :AN'PS TOTAL LAi~ID'-.~.,.. H*)LB lNG S  II ~ ~ i LIMIT OF CHURCH STREET URBANIZATION : ~//) IMPROVEMENTS ' CHURCH ST TO ~ ' I BE CLOSED AND TRANSFERRED City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION UN-O~EN~ ~NUR~N ~R~E~ RO~ ~L~O~NC~ _ OWNER ~1~ O~ ~I~ERIN~ DATE ~ ~, ~00~ DRAWN BY ~ No. N/~. SCALE !~15,000 CHECKED BY ~ ~ FILE FOR DEPARTMENT USE ONLY P~-4- P~.- THE CORPORATION OF THE CITY OF PICKERIN¢~ 01 3 BY-LAW NO. 6329/04 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 2499/87 to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, City of Pickering. (A 13/03) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 2499/87, amending By-law 3036, to permit the establishment of restricted light industrial uses, warehouse uses and a home improvement centre use on the subject lands, on Part of. Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, in the City of Pickering. AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 3036, by repealing and replacing By-law 2499/87, to permit a mix of institutional, commercial, personal service, and office uses on the subject lands, on Part of Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230 in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & I.I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, in the City of Pickering, designated "MU-18" on Schedule I attached to this By-law. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this (1) (2) (3) By-law, "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 products baked and prepared elsewhere are offered for retail sale, but shall not include a Restaurant - Type A; "Banquet Facility" shall mean a building or part of a building used for the purposes of catering to banquets, weddings, receptions, or similar functions for which food and beverages are prepared and served on the premises but shall not include a restaurant; "Build-to-Zone" shall mean an area of land within which all or part of a building or buildings are to be located; 014 (5) -2- 9u.lness Office" shall mean a building or part of a buiiding :~n whica !he managemen[ or direction of business, a oubiic or :~rivate agency, a broke.~age or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership; (6) "Commercial - Recreation Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreational facilities are provided and operated for gain or profit, but shall not include a place of amusement or entertainment or bingo hail facility as defined herein; (7) "Commercial School" shall mean a school which is operated for gain of profit and may include the studio of a dancing teacher or music teacher, and art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein; (8) "Dry Cleaning Depo¢ 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 any such processes; (9) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (10) "Functional Floor Level" shall mean an enclosed building storey containing an area of at least 50% of the building's ground floor area, and a ceiling height suitable for the intended use; (11) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas 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; (12) "Home Improvement Centre" shall mean a building or part of a building used for the display, wholesale and retail sale of building materials, hardware or accessories, including cabinets, electrical fixtures, carpets, floor coverings, plumbing supplies, wall coverings, draperies, garden supplies, and lumber; (13) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the pementage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe', shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front tot line; (14) "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 a dressmaking shop or a photographic studio, but shall not include a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time~to-time, or any successor thereto; "P!ace of ~ssembiv" shall mean s building or part, of a building in wnic,q ,"aciiities are provided for civic, educational, ~oiiticai, ;ec;eationat, ;eiigious or sociai 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; (16) "Place of Reliqious Assembly" shall mean lands or premises where people assemble for worship, counselling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (17) "Private Club"' shall mean an athletic, recreational or social club, and includes the premises of a fraternal organization, but shall not include an adult entertainment parlour as defined herein or a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended form time-to-time, or any successor thereto; (18) "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, and engineer, a lawyer or a physician, but shall not include a body rub parlour as defined in section 224 (9)(b) of The Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; (19) (2O) "Public Club" shall .mean an athletic, recreational or social club not operated for gain or profit and having public membership, but shall not include an adult entertainment parlour as defined herein or a body rub parlour as defined in section 224 (9)(b) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended from time-to-time, or any successor thereto; "Restaurant - Type E" shall mean a building or part of a building where food is prepared or offered or kept for retail sale to the public for immediate consumption in the building or elsewhere on the premises, but shall not include a drive-thru; (21) "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. PROVISIONS (1) Uses Permitted ("(H)MU-18" Zone) No person shall within the lands zoned "MU-18" on Schedule I attached to this By-law use any lot or erect, alter or use any building or structure for any purpose except the following: (a) administrative office (b) bakery (c) banquet facility (d) business office (e) commercial club (f) commercial-recreation establishment (g) commercial school (h) dryclesning depot (i) financial institution (j) personal service shop (k) place of assembly (I) place of religious assembly (m) private club (n) professional office (o) public club (p) restaurant- type E (q) retail store 015 016 Zone ~,equirements ("(H)MU-18" Zone) hlo person shall within the lands zoned "(H)MU-18" on Scneduie! attached to this By-law use any lot or erect, alter or use any buiiding except in accordance with the following provisions: (a) BUILDING RESTRICTIONS: (i) Building Location and Setbacks: A Buildings and structures shall comply with the minimum and maximum building envelope illustrated on Schedule II attached hereto; B A minimum of 50% of the Build-to-Zone must be occupied prior to the erection of any other buildings or structures on the subject lands; C D The build-to-zone illustrated on Schedule II attached hereto shall have located within it a building or buildings, or part of a building or buildings, which must occupy the minimum percentage of the build-to-zone as stated in clause B above; Notwithstanding clause A above, in the event that the rear lot line changes from the location of the line illustrated on Schedule I attached to this By-law, there shall remain a minimum rear yard building setback of 14.0 metres from the rear lot line; E Notwithstanding clause B above, a deck, patio, or any building addition having a gross floor area less than 10 square metres, shall not be considered to be a building or part of a building for the purpose of satisfying the requirements of that clause, only; (ii) Building Height: A Within the Build-to-Zone and between 3.0 - 6.0 metres depth abutting Kingston Road & Rosebank Road: - minimum 6.5 metres; - maximum 8.5 metres; B Within the building envelope, but beyond clause A above: - maximum 18.0 metres; (b) PARKING REQUIREMENTS: (i) For a banquet facility, a commercial-recreational establishment, place of assembly, place of religious assembly, pdvate / public / commercial club, and commercial school there shall be provided and maintained a minimum of 8 parking spaces for every 100 square metres of gross leasable floor area; (ii) For all other uses, there shall be provided and maintained on the lands a minimum of 5.5 parking spaces for every 100 square metres of gross leasable floor area or part thereof; Clauses 5.21.2 (a) and (b) of By-law 3036, as amended, shall not apply on lands designated "MU-18" on Schedule i attached hereto; (iv) Notwithstanding clauses 5.21.2 (g) and 5.21.2 (k) of Byqaw 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; -5- SPECIAL REGULATIONS: ii) All uses, other than parking, snail take place entirely within enclosed buildings or structures with no outside storage or display; (ii) Section 5.22 (1) shall not apply to the lands designed "(H)MU-18" on Schedule I attached hereto; (iii) No parking shall take place within the Build-to-Zone. 6. Holding Provision - (H) Holding Symbol (1) Holdin,q Provision Requirements (a) Permitted Uses While the "(H)" holding symbol is in place, no person shall, on the lands designated "(H)"MU-18, use the lands for any purpose other than for a Home Improvement Centre; (b) Removal of the (H) Holding Symbol Prior to an amendment to remove the (H) Holding Symbol preceding the above zoning category "MU-18" the following condition shall be met: (i) An appropriate site plan agreement shall be entered into between the owner of the lands to which the (H) Holding Symbol applies and the City of Pickering, and shall be registered on title to the lands, to address development of the site, removal of the outdoor storage structures (pole barns), enhanced landscaping at the corner of Kingston Road and Rosebank Road and other related matters; (c) Existing Development (i) 7. BY-LAW 3036 All development existing on the date of the removal of the (H) By-law on Part of Lot 31, Range 3, Broken Front Concession being Part of Lots 1,2,3,4, and 9, Plan 230, shall be deemed to comply with the provisions of By-law 3036, as amended. (1) By-law 3036, as amended, is hereby further amended by repealing and replacing By-law 2499/87, to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached to this By-law. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended, 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this day of ,2004. 017 Dave Ryan, Mayor Bruce Taylor, Clerk 018 (H)MU-18 PART OF LOT .~1, B.F,C (PART OF LOT 1, +9, PLAN 2.~C)) SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2004 MAYOR CLERK j - --- BUILDING ENVELOPE .~ II~-~.BUILD-TO-ZONE 'LANDS AFFECTED ..~ BY THIS BY-LAW SCHEDULE T[ TO BY-LAW. PASSED THIS DAY OF 2O04 MAYOR CLERK 019 O2O THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6330/0,~ Being a By-law to dedicate Blocks 2 and 3, Plan 40M-1795, Pickering as public highways. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 2 and 3, Plan 40M-1795, Pickering and wishes to dedicate them as public highways; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Blocks 2 and 3, Plan 40M-1795, Pickering are hereby dedicated as public highways (Rosebank Road). BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, Clerk 021 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6331/04, Being a By-law to assume roads and services within Plans 40M-1795 and 40M-1809 under the jurisdiction of The Corporation of the City of Pickering for public use as public highways. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS The Corporation of the City of Pickering has jurisdiction over the roads shown on Plans 40M-1795 and 40M~1809; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of the above-noted Plans including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed for maintenance by the City of Pickering. The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. o The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Rosebank Road within Plan 40M-1795 · Rosebank Road within Plan 40M-1809 BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, Clerk 022 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6332/04 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1795, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Inc. entered into a Subdivision Agreement dated August 2, 1994, Notice of which was registered as Instrument No. LT699973, respecting the development of Plan 40M-1795, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated August 2, 1994, Notice of which was registered as Instrument No. LT699973 between Bramalea Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1795, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, Clerk 023 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6333/0~, Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1809, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Inc. entered into a Subdivision Agreement dated August 2, 1994, Notice of which was registered as Instrument No. LT710746, respecting the development of Plan 40M-1809, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated August 2, 1994, Notice of which was registered as Instrument No. LT710746 between Bramalea Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1509, Pickering. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, Clerk ~,ORPORA, ION OF THE C~ PIC~<ERING BY-LAW NO.6334/04 Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number 3665/91 on February 18, 1991, to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 14, Duties of the Mayor, is hereby amended by adding the following duties: 14. "(o) to make presentations to any charity, organization, government, or person, on behalf of Council, at a proceeding of Council or its committees. Where a presentation is made to an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly made with the Mayor and the appointed Member of Council. Where otherwise appropriate, presentations may be made jointly with another member or members of Council. (P) to accept presentations to the City of Pickering, carried out at a proceeding of Council or its committees. Where a presentation is accepted from an organization or charity on which a Member of Council has been appointed to sit, the presentation shall be jointly accepted with the appointed Member of Council. Where otherwise appropriate, presentations may be accepted jointly with another member or members of Council, and BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CI~ OF P!CKERING '" BY-LAW NO. 6335/04 Being a By-law to amend By-law 2359/87 regulating parking, standing and stopping on highways on private and municipal property. WHEREAS, pursuant to the provisions of Section 11 of the Municipal Act, S.O. 2001, the council of a lower-tier municipality may pass by-laws for regulating highways, including parking and traff~c on highways and; WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS the Dragon Boat Race event is scheduled to take place at the Pickering Bruce Hanscombe Memorial Park on June 5th and 6th, 2004; and WHEREAS the Dragon Boat Race event generates significant vehicular traffic in the Westshore area; and WHEREAS it is deemed expedient to amend By-law 2359/87, as amended, to establish temporary "no stopping" zones along sections of Breezy Drive and Oklahoma Drive to provide for an unencumbered route for emergency vehicles; NOWTHEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Notwithstanding By-law 2359/87, as amended by By-laws 2386/87 and 5570/99, Schedule "A" to By-law 2359/87 is hereby further amended to prohibit stopping on sections of Breezy Drive and Oklahoma Drive for the period of June 5th and 6th, 2004, by adding thereto the following items: Highway Side Between/And Prohibited times Breezy Drive Both West Shore Blvd. to 20 m east of Essa Crescent. and days June 5th and 6th of 2004 Breezy Drive Both Oklahoma Drive Both Oklahoma Drive And 55 m north of Breezy Drive. West Shore Blvd. to Breezy Drive. June 5th and 6th of 2004 June 5th and 6th of 2004 This ~3y-Law shall come into force on June 5, 2004 and shail expire on June 2004. BY-LAW read a first, second and third time and finally passed this 17th day of May, 2004. David Ryan, Mayor Bruce Taylor, City Clerk May12,2004 PLANNING AND DEVELOPMENT DEPARTMENT MEMORANDUM To: From: Subject: Bruce J. Taylor City Clerk Steve Gaunt Planner II Draft Amending By-law for Zoning By-law Amendment Application A 3/02 Applicant: 711053 Ontario Inc. & 562503 Ontario Limited Part of Lot 4, Concession 5, Part 2, Plan 40R-4159 (East side of Sideline 4, south of Highway 7) City of Pickering Council, on October 14, 2003, approved the above-noted application to permit residential development of the subject lands (see attached location map). Council also approved the draft plan of subdivision to permit creation of 35 country residential building lots on the subject lands. The City of Pickering Director of Planning & Development gave Draft Approval to the draft plan of subdivision on April 13, 2004. Conditions of approval for the rezoning have now been satisfied and a draft amending by-law has been prepared. The subject lands are to be zoned in "ER-2", "OS-HL-EP" and "OS-P1" zone categories on Schedule I of the proposed Zoning By-law. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council at its meeting scheduled for May 17, 2004. A Statutory Public Meeting was held for this application on April 18, 2002. Please note that this by-law may be given all three readings at the May 17, 2004 Council Meeting. The purpose and effect of this by-law is to amend Zoning By-law 3037, as amended, to permit the development of 35 lots for detached dwellings, with minimum frontages of 30 metres and minimum lot areas of 6000 square metres on the subject lands. The lots will be located on the east side of Sideline 4, south of Highway #7 and on a new road to be constructed to the east of Sideline 4, as shown on Schedule I to the Draft Amending By-law. Draft Amending By-law for Zoning By-law Amendment Application A 3/02 May 12, 2004 Page 2 In addition, the by-law zones the valleylands of the relocated Carruthers Creek for open space/conservation purposes and a tableland block for open space-passive and active recreational purposes. Although zoning of the tableland block for open space-recreational uses was not included in the conditions of approval adopted by Council on October 14, 2003, the applicant's intent to request this zoning was noted in Planning & Development Report PD 39-03. Since that time, the applicant has provided an engineering proposal demonstrating tableland grading for the open space-passive and active recreation block to TRCA. Permits to approve the valleyland and tableland proposals have not been issued by TRCA to date. Accordingly, a holding symbol is provided for Block 36 (the lands shown as (H)OS-P1 on Schedule I to the by-law) in the by-law that only permits conservation uses until such time as TRCA is satisfied with this aspect of the proposal. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Director,'~3.i~ & Development SG:jf Sxg/Barday/BylawMemoToClerk Attachments City of Pickering Planning & Development DepaAment PROPERTY DESCRIPTION PART OF LOT 4, CONCESSION 5; PART 2, 40R-4159 OWNER 711053 ONTARIO INC; 562503 ONTARIO LTD.. DATE MAR. 12, 2002 APPLICATION ~o/ 18T-88059(R2); A 03/02 SCALE 1:7500 DRAWN BY RC. 1 ¢ CHECKED BY SG FOR DEPARTMENT USE ONLY PN-RURAL pA. 7-HE CORPORATION OF THE CiTY OF mlCKERING BY-LAW NO. 6336/04 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159), in the City of Pickering. (18T-88059 (R2), A 3/02) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of 35 Estate Residential Lots, a recreation area and to protect and maintain various environmentally significant lands as open space on the subject lands, being Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159); AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. o AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 4, Concession 5 (Part 2, Plan 40R-4159) in the City of Pickering, designated "ER-2", "OS-P1" and "OS-HL-EP" on Schedule I attached hereto. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellin,q Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Sin.qle or Single Dwelling', shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d)"Dwellin~, Detached or Detached Dweilinq" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (2) (a)"FIoor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; -2- ¢,31. (3) (b) (a) ,=~OSo F!oor :~rea - Residential" snail mean the aggregate of the-floor areas of ail storeys of a building or structure, or part thereof .as the case may be, other than a private garage, an attic, or a cellar; "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; (4) (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (5) (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; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flanka.qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankaqe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. fi 32 PROVISIONS (1) (a) Uses Permitted ("ER-2" Zone) No person shall within the lands designated "ER-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) single detached dwelling residential use (b) Zone Requirements ("ER-2" Zone) No person shall within the lands designated "ER-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 0.6 of a hectare (ii) LOT FRONTAGE (minimum): 30 metres (iii) FRONT YARD DEPTH (minimum): 15 metres (iv) SIDE YARD WIDTH (minimum): 7.5 metres (v) FLANKAGE SIDE YARD WIDTH (minimum): 7.5 metres (vi) REAR YARD DEPTH (minimum): 15 metres (vii) LOT COVERAGE (maximum): 20 percent (viii) BUILDING HEIGHT (maximum): 12 metres (ix) DWELLING UNIT REQUIREMENTS: minimum gross floor area residential of 140 square metres. (x) PARKING REQUIREMENTS: A minimum two parking spaces B a private detached garage may be erected in a side yard or a front yard provided that such garage is located not less than 7.5 metres from any side lot line and not less than 15 metres from any front lot line. (xi) ACCESSORY STRUCTURE REQUIREMENTS: all accessory structures, except a detached private garage, which is not part of the main building, shall be erected in the rear yard and shall be not less than one metre from any side or rear lot line. (c) Special Re.qulations ("ER-2" Zone): A Despite Subsection 5.18 (c) of By-law 3037, as amended, accessory buildings shall be permitted on lands designated "ER-2" on Schedule I attached hereto, at a height not to exceed 5.0 metres. B Despite Subsection 5.(1)(b)(iv) of this By-law, where vehicular entrances to garages face a side yard, the minimum side yard on the opposite side shall be a minimum of 3.0 metres, provided that the distance between dwelling units shall be a minimum of 15.0 metres. -4- (at Uses Permitted '"'~ ..... · ( ~.~S-:-tL-.-r Zone) No person shall within the lands designated "OS-HL-EP" on Schedule ! attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) conservation of the natural environment, soil and wildlife; and (ii) resource management (b) Zone Requirements ("OS-HL-EP" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management. (3) (a) Uses Permitted ("OS-P1" Zone) (4) No person shall within the lands designated "OS-P1" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except passive and active recreational uses, which may include parks, play areas, tennis courts, an open air pavilion, and picnic areas. (b) Zone Requirements ("OS-P1" Zone) No person shall within the lands designated "OS-P1" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (i) (~) YARD REQUIREMENTS (minimum): the minimum setback of any building or structure from every lot line shall be 7.5 metres. BUILDING GROSS FLOOR AREA (maximum): 10 square metres. (a) Uses Permitted: ("(H)" Holding Symbol} Despite the Provisions of Section 5.(3) of this By-law, while the "(H)" Holding Symbol is in place preceding the "OS-P1" Zone designation as outlined in Schedule I attached hereto, no person shall use any lands for any purpose other than those uses permitted in the "OS-HL-EP" Zone as set out in Section 5.(2) of this By-law. (b) Removal of the "(H)" Holdin.q Symbol Prior to an amendment to remove the "(H)" Holding Symbol preceding the "OS-HL-EP" Zone, on all or part of the area so zoned, the owner shall satisfy the Director, Planning & Development, in consultation with the Toronto and Region Conservation Authority, that the works proposed for channel redesign and relocation for Carruthers Creek and its tributaries on the subject lands have been approved to the satisfaction of the Toronto and Region Conservation Authority. By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this May ,2004. I? day of David Ryan, Mayor Bruce Taylor, Clerk ' ,'"'~'---~,. N.W, ANGLE OF ER-2 PART 1 ER-2 SCHEDULE Z TO BY-LAW PASSED THIS DAY OF May 2004 MAYOR 14798 ER-2 (H)OS-P1 OS-HL-EP 6336/03 CLERK