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HomeMy WebLinkAboutOctober 4, 2004 Council Meeting Agenda Monday, October 4, 2004 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 September 20, 2004 (111) 1. RESOLUTIONS To consider Councillors' Office Report CO 01-04, concerning the City of Pickering Accessibility Advisory Committee - Ontarians with Disabilities Act Special Funding. PAGE 1-6 2. To consider Councillors' Office Report CO 02-04, concerning the 7-10 City of Pickering 2004 Annual Accessibility Plan. 3. Proclamations: 11-12 "Rouge Park Week" - October 4 - 9, 2004 (IV) BY-LAWS By-law Number 6373/04 13-17 Being a by-law to regulate the keeping of cats and dogs. By-law Number 6374/04 18-21 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation-1345 Altona Rd., 905 & 925 Bayly St., 1915 & 1945 Denmar Rd., 1310 Fieldlight Blvd., 1210 & 1235 Radom St., 1530, 1540, 1625, 1655 & 1665 Pickering Parkway, 1958 & 1975 Rosefield Rd., 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 1650 Kingston Road and 1885 Glenanna Road. Council Meeting Agenda Monday, October 4, 2004 By-law Number 6375/04 22-30 Being a by-law to amend Restricted Area (Zoning) By-law 2511 as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering. (A 26/92) (V) OTHER BUSINESS (VI) CONFIRMATION BY-LAW (VII) ADJOURNMENT 2 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Councillors' Office Report CO 01-04 regarding the City of Pickering Accessibility Advisory Committee, be received; and That Council concur with the City of Pickering Accessibility Advisory Committee's support for Ontarians with Disabilities Act Special Funding as set out by the Council of The Corporation of the City of Cornwall; and That Council petition the Government of Ontario to obtain funding for staff to coordinate the requirements of the legislation and set consistent standards and guidelines across Ontario; and 4. That staff at the City of Pickering be given authority to give effect thereto. 002 REPORT TO COUNCIL Report Number: CO 01-04 Date: September 28, 2004 From: Councillor David Pickles Chair, Accessibility Advisory Committee Subject: City of Pickering Accessibility Advisory Committee - Ontario with Disabilities Act Special Funding - File: CO3000 Recommendation: That Report CO 01-04 regarding the City of Pickering Accessibility Advisory Committee be received, and That Council concur with the City of Pickering Accessibility Advisory Committee's support for Ontario with Disabilities Act Special Funding as set out by The Council of The Corporation of the City of Cornwall, and That Council petition the Government of Ontario to obtain funding for staff to coordinate the requirements of the legislation and set consistent standards and guidelines across Ontario, and 4. Staff at the City of Pickering be given authority to give effect thereto. Executive Summary: Under the Ontarians with Disabilities Act, 2001 (ODA), all municipalities are required to prepare annual accessibility plans. The purpose of the accessibility plans are to identify, remove and prevent barriers and to improve opportunities for persons with disabilities. The City of Pickering Accessibility Advisory Committee plays a key role to provide input and assess the effectiveness of the City's annual accessibility plan. On August 31, 2004, the Regionai ~,oor(]maun. ~_-, ou[} (which includes City of Pickerin9 staff} received Resoiutior~ # NB-i Jui?, 12; 2004 from The Councii of The Corporation of the City of Cornwai! with cowd,¥-~ letter dated Juiy 'i4: 2004. This information was shared with the City of Pickering Accessibility Advisory Committee at their monthly meetin.q on September 22, 2004~ Report CO 0!-04 Date: September 28, 2004 Subject: City of Pickerin9 Accessibility Advisory Committee Ontario with Disabilities Act Special Funding Page 2 093 The City of Pickering Accessibility Advisory Committee supports this Resolution # NB-1 July 12, 2004 from The Council of The Corporation of the City of Cornwall and recommends that Council petition the Government of Ontario to obtain funding for staff to coordinate the requirements under the ODA and set consistent standards and guidelines across Ontario. Financial Implications: The funds to staff one municipal coordinator whose specific task is to help and coordinate the requirements under the legislation would be approximately $53,000 annuallY. City-of Pickering Accessibility Advisory Committee recommends that Council petition the Government of Ontario for these funds. Background: On December 14, 2001, the Government of Ontario (Ministry of Citizenship and Immigration) passed into law the Ontarians with Disabilities Act, 2001 (ODA). The purpose of this Act is to improve opportunities for persons with disabilities and to provide for their involvement in the identification, removal and prevention of barriers to their full participation in the life of the province. As part of the Act, all municipalities within Ontario are required to prepare annual accessibility plans to identify, address and, where possible, remove barriers to people with disabilities. The Act also legislates that municipalities having a population of more then 10,000 establish or continue an accessibility advisory committee (AAC). In part, the AAC serves to advise Council on the preparation, implementation and effectiveness of its accessibility plan. In recent weeks, members of the Ontario Disabilities Act (ODA) Regional Coordinating Group (which includes City of Pickering staff) received Resolution # NB-1 July 12, 2004 from The Council of The Corporation of the City of Cornwall with covering letter dated July 14, 2004~ This information was shared with the City of Pickering Accessibility Ad~/iso~~ Committee at their monthly meetin9 on September 22, 2004 The Citv of Pickerin9 Accessibility Advisory Committee supports Resolution # NB-1 July 12,200'~. from The Council of ]'he Corporation of the City of Comwali and recommends that Pickerin§ Council petition the ~ov,..mmen~ of Ontario to obtain funding for staff to coordir~ate the re "~ ¢ +~ ,.~qu~r~m~n .... unde:" the :~.¢~,~':, and set consistent standards and DORP022] -07i0'i OO.4 Report CO 01-04 Date: Subject: City of Pickering Accessibility Advisory Committee Ontario with Disabilities Act Special Fundin9 September 28, 2004 Page Attachments: 1. Resolution # NB-1 July 12, 2004 from The Council of The Corporation of the City of Cornwall with covering letter dated July 14, 2004 Prepared By: Mar'sa Carpino (.~ Supervisor, Culture & Recreation Approved / Endorsed By: j" ,,,, ,,::::~!!:il;:~ Councillor David Pickles Chair, Accessibility Advisory Committee MC/ Attachment Copy: Chief Administrative Officer Recommended f~the cOr~sideration of Pickering City~'' Thomas J. Qu~, Chief Administrative Officer 00RP0227-07/0'i RESOLUTION The Council of The Corporation of the City of Cornwall Resolution number: Moved by Councillor: Seconded by Councillor: NB -1 July 12, 2004 Leslie O'Shaughnessy Huguette Burroughs Ontarians with Disabilities Act Special Funding WHEREAS the Ontarians with Disabilities Act was introduced in 2001 and all municipalities were required to prepare, on an annual basis Accessibility Plan which Plan addresses, identifies and where possible remove all barriers to people with disabilities; and WHEREAS the Act also legislates municipalities to appoint Committees which may including municipal staff as resource personnel to help with the Plan process; and WHEREAS the legislation does not include any standard or guideline to be followed yet enforces municipalities to conduct whatever work is required to address all barriers within its municipal Assets; and WHEREAS due to the diverse disabilities of Committee Members, it has been recognized due to the amount of work involved, that there is a need for the municipality to identify a municipal coordinator who's specific task is to help and coordinate our requirements under the legislation; and where there presently is no provision of any funding to municipalities in order to accomplish its task. NOW THEREFORE BE IT RESOLVED THAT The Corporation of the City of Cornwall lobby the Province of Ontario (Ministry of Citizenship and Immigration) and the Association of Municipalities of Ontario to provide for Special Funding that will help municipalities to employ the staff needed to coordinate our requirement under the legislation and to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act; and NOW THEREFORE BE IT FURTHER RESOLVED THAT these standards and guidelines be consistent throughout the Province; and NOW THEREFORE BE IT FURTHER RESOLVED THAT a copy of this special resolution be sent to our Local M.P. MPP and all municipalities throughout Ontario for their assistance in petitioning our Provincia! Government in obtaining funding and that they set consistent standards ancl guidelines across Ontario. Certified to be a true copy ora Resolution passed by City Council at a regular meeting held on the ~2th day of July, 2004. Ooumy o'i Smrmont, tni~; 2th aa'!: o~ ,iub' O06 Cornwall Ontario · Canada www. city. cornwall.o n.ca July 14, 2004 OFFICE OF THE CITY CLERK Bureau de la Secr~taire Municipale P.O. Box / C.P. 877 360 rue Pitt Street Cornwall, Ontario K6H 5T9 Phone (613) 932-6252 Fax (613) 932-8145 Denise Labelle-G61inas City Clerk / Secr6taire municipale (613) 930-2787, ex~.2537 E-Mail dq elinas ~,cit¥.cornwa II.on.ca Manon Poirier Administrative Assistant / Assistante administrative (6 t 3) 930-2787 ext 2316 E-Mail mpoirier~city.cornwall.on.ca To all Ontario Municipalites: RE: ONTARIANS WITH DISABILITIES ACT SPECIAL FUNDING This is to advise you that the Council of The Corporation of .the City of Cornwall, at its regular meeting of Monday, July 12, 2004, endorsed a Resolution regarding special fundingfor the Ontarians with Disabilities Act. The said Resolution is enclosed for your reference. As you are aware, the Ontarians with Disabilities Act.Was introduced in 2001 and all munici palities were required to prepare, on an annual'basis, an Accessibility Plan which addresses, identifies and, where possible, removes all barriers to people with disabilities. The Act also legislates munici palities to appoint Committees which may including municipal staff as: resource personnel to help with the Plan process. Council respectfully submits that the legislation does not include any standard or guideline to be followed yet enforces municipalities to conduct whatever work is required to address all barriers within its municipal Assets. Due to the diverse disabilities of our Committee Members, it has been recognized, due to the amount of work involved, that there is a need for the municipality to identify a municipal cOOrdinator who's specific task is to help and coordinate the Committee's requirements under the legislation. There presently is no provision of any funding to m unicipalities in order to accomplish' its task. The Corporation of the City of Cornwall hereby requests all municipalities in joining in lobbying the Province of Ontario and the Association of Municipalities of Ontario to provide for Special Funding that will help municipalities to employthe staff needed to coordinate the Committee's requirements under the legislation and to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act and that these standards and guidelines be consistent throughout the Province. Thank you for your attention to this matter and we look forward to hearing from you. Respecffuliy, THE CORPORATION OF THE CiTY OF CORNWALL DENISB LABELLB-G~LINAS, C.Et.O~. RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Councillors' Office Report CO 02-04 regarding the City of Pickering 2004 Annual Accessibility Plan, be received; and That Council endorse the City of Pickering 2004 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. 0O8 REPORT TO COUNCIL Report Number: CO 02-04 Date: September 28, 2004 From: Councillor David Pickles Chair, Accessibility Advisory Committee Subject: City of Pickering 2004 Annual Accessibility Plan - Reviewed by the Accessibility Advisory Committee for Council Consideration File: CO3000 Recommendation: That Report CO 02-04 regarding the City of Pickering 20(:)4 Annual Accessibility Plan be received; and that Council endorse the City of Pickering 2004 Annual Accessibility Plan as presented and reviewed by the City of Pickering .Accessibility Advisory Committee. Executive Summary: The purpose of the Ontarians with Disabilities Act, 200'1 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. The ODA mandates that all municipalities prepare annual accessibility plans. To this end, the City of Pickering has prepared the 2004 Annual Accessibility Plan. Within the 2004 Annual Accessibility Plan, the City of Pickering has identified 32 barriers to people with disabilities. The most significant areas for improvement are in the area of municipal facilities. By the end of 2005, the City of Pickering aims to review and/or remove the barriers identified in the 2004 Annual Accessibility Plan~ Over the next severaf years, the City of Pickering aims to address all facility related improvements as outlined in the City's 2000 Accessibility Audit. Financiai impiications: Report CO 02-04 Subject: City of P ckering 2004 Annual Accessibility Plan Date: September 28, 2004 Page 2 OO9 included in the 2004 Annual Accessibility Plan would draw on these funds identified under capital account 2719-6183. The potential costs to complete the policy and service related barriers have not yet been determined and will be subject to approved 2004 and 2005 capital and operating budgets. Any barrier that cannot be completed within the 2004 or 2005 approved capital or operating budget will be deferred to future annual accessibility plans. Background: The Ontarians with Disabilities Act, 2001 (ODA) received Royal Assent on December 14, 2001. The purpose of the Ontarians with Disabilities Act, 2001 (ODA) is to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal, and prevention of barriers to their full participation in the life of the province. Under the Act, all municipalities are required to prepare annual accessibility plans, make the plans public and consult persons with disabilities. According to the Ontario Accessibility Directorate within the Ministry of Citizenship, the purpose of the Annual Accessibility Plan is to describe the measures that the municipality has taken in recent years and the measures the municipality will be taking in the coming year to identify, remove and prevent barriers to people with disabilities. According to the requirements of the Ontarians with Disabilities Act, 2001 (ODA), the City of Pickering has prepared the 2004 Annual Accessibility Plan. The City's plan is for the period of September 2004 to August 2005. Within the 2004 Annual Accessibility Plan, the City of Picketing has identified 32 barriers to people with disabilities. The barriers identified in this report were based on information collected from the City of Pickering 2000 Accessibility Audit and the 2004 Annual Accessibility Workbook issued to city staff for their comments. The 2004 Annual Accessibility Plan has been reviewed and endorsed the City of Pickering Accessibility Advisory Committee. in order to make the plan available to the public, the City of Pickering will place an advertisement in the local newspaper to announce the completion and availability of the 2004 Annual Accessibility Pian. The public will be able to access the 2004 Annual Accessibility Plan electronically vis the City of Picketing website or by pickin9 up a hard copy at the Pickering Civic Compie× or Pickerin9 Central Library. Attachments: .OR, 0_2, -..7/j ,Report CO 02-04 Subject: City of Pickerin9 2004 Annual Accessibility Plan Date: September28,2004 Page 3 Prepared By: Marisa Carpino ( ) Supervisor, Cultu~'~ 8, Recreation Approved / Endorsed By: Councillor David Pickles Chair, Accessibility Advisory Committee MC/ Attachment Copy: Chief Administrative Officer Recommended for the con~i~deration of Pickering Thomas J. ©ui~,/~Ch~Administrative Officer ,'.;ORP0227 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamation: "Rouge Park Week" - October 4 - 9, 2004 CARRIED: MAYOR 012 Rouge Park Rouge Park 50 Bloomington Road West Aurora, ON L4G 3G8 Tel: (905) '713-6038 Fax: (905) 713-6028 September 20, 2004 Mayor David Ryan and Councillors City of Pickering Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Dear Mayor Ryan and Councillors: OFFICE OF~THE M.,~OR FILE NO.: .~ FOLLOW UP: J ~-- FWD - COPY - CIRCULATE TO: _[ ICOU~mL ~:::":'[:. '~' EMER. RES. C~ UST. CARE ~A~ On behalf of the Rouge Park Alliance, I respectfully request that the City of Pickering Council officially declare the Week of October 4th to October 9th, 2004 as "Rouge Park Week" and join our celebrations by flying the Rouge Park flag at your municipal offices during this week. As a partner organization of the Rouge Park Alliance, we have Valued your contributions to the management of the Rouge Park in the past and look forward to your cooperation in the future. Sincerely, Ron Christie Chair RoUge Park Alliance MN/dm cc: Regional Councillor Rick Johnson, City of Pickering Tom Melymuk, City of Pickering T~-E C~TRPCRATiON 3F THE C~ :~? ~F ..... m ..... (.)13 : Being a by-law to regutate the ~eepJng of cats and dogs. WHEREAS Section 11 of the Municipal Act, S.O. 2001, c. 25, as amended, provdes that a Jower-tier municipality may pass by-laws respecting animals; and WHEREAS the Council of the Corporation of the City of Pickering considers it necessary and expedient to pass a by-law to regulate the keeping of cats and dogs in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this by-law, DEFINITIONS (a) "Animal Services Supervisor" means the Animal Services Supervisor employed by the Corporation of the Town of Whitby or his or her designate; (b) "Animal Services Officer" means, (i) a person or class of persons designated as such by a by-law of the City and includes an Animal Control and Pound Attendant; and, (ii) the Animal Services Supervisor; (c) "blind person" means a person to whom an identification card has been issued by the Attorney General or an Officer of his or her Ministry, pursuant to the provisions of the Blind Persons' Rights Act, R.S.O. 1990, c. B.7; (d) "cat" means a feline of the species felis catus; (e) "City" means the Corporation of the City of Pickering; (f) "dog" means a canine of the species canis familiaris; (g) "dog guide" means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations made under the Blind Persons' Right Act, R.S.O. 1990, c B.7; (h) "dwelling unit" means a room or suite of two or more rooms designed or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a pdvate entrance from outside or from a common hallway or stairway inside and which is located in a residentially zoned part of the City; (~) "owner" includes a person possessing or harboudng a cat or dog within the City and, where the owner is a minor, the person responsible 'for the custody of the minor; ;~he pur[0ose ~f identificstiom unaer the Veterinarians Act, R.S.O. i 990, c. ¥."~ 3, as amended. (3) (4) (5) (6) (7) (8) REGISTRATION OF CATS AND DOGS Eve~¢ owner of a cat or dog over the age of 12 weei~s shall register the animal with the City and shall maintain the registration in good status. Every owner of a cat or dog shall annually renew the registration on or before the 1st day of April in every year. Before registering any cat or dog, the City shall require the owner of the animal to produce evidence satisfactory to City that the cat or dog has been inoculated with a rabies vaccine and that the vaccination is current. Every owner of a cat or dog shall at the time of registering the animal pay a registration fee to the City in accordance with the following schedule of fees: (a) an annual registration fee in the amount of twenty dollars ($20.00) for a spayed or neutered animal; or (b) an annual registration fee in the amount of forty dollars ($40.00) for an unaltered cat or dog; The registration fee set out in Subsection 2(4) of this by-law shall be reduced by an amount of five dollars (5.00) for an animal implanted with microchip identification. UPon payment of the registration fee, the owner shall be furnished with a tag and shall keep the tag securely fixed on the cat or dog at all times. A tag shall bear an identification number and a record shall be kept by the City Clerk or other person designated for that purpose showing the name and address of the owner and the identification number of the tag. If a tag is lost or misplaced for any reason, the owner shall make application for, and upon payment of a replacement fee, of five dollars ($5.00), shall be entitled to a replacement tag. (~) (2) (3) (4) CONTROL OFCATS AND DOGS For the purpose of this section, a cat or dog shall be deemed to be running at large when found in any place other than the premise of the owner of the cat or dog, and not under the control of any person. Every owner of a dog shall keep the dog leashed and under the control of a person when the dog is off the premise of the owner, unless pdor consent is given by the person owning the land on which the dog is found. No owner of a dog shall knowingly or not knowingly allow the dog to interfere with or bite a person or domestic animal. No owner of a cat or dog shall knowingly or r~ot knowingly allow the cat or dog to run at large within the ~imits of the City. premisas. ~,~ Animai Services Officer may seize and impound any cat or do!i, (1) (2) de!ivered to him or her under the provisions of Section '3 of this by- !aw; or, (b) found running at ~arge. (3) An Animal Services Officer shall restore possession of a cat or dog to the owner only where, (a) the owner claim possession of the cat or dog; and, (b) (c) the owner pays an impoundment fee in the amount of fifteen dollars ($15.00) for each day or part thereof that the cat or dog is impounded; and, the cat or dog is registered under Section 2 of this by-law or shown to be exempt from registration; and, (d) the owner pays the cost of any veterinary care received by the cat or dog while impounded that the Supervisor of Animal Services deemed necessary for the well-being of the animal. Where, on the sixth day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, possession of the cat or dog has not been restored to the owner under Section 5 of this by-law, the Animal Services Supervisor may, at his or her discretion, (a) sell or make a gift of the cat or dog; or, (b) euthanize the cat or dog in a humane manner; any no damage or compensation shall be recovered or recoverable on account of the animal's disposition or destruction. Where a cat or dog seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to persons or animals, the Animal Services Supervisor may euthanize the cat or dog in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the cat or dog and without offedng it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. Where the Animal Services Supervisor deems it necessary to euthanize a cat or dog pursuant to the provisions of Subsection 6(2) of this by-law, the Supervisor shall first make every effort possible and practical in the circumstances to contact the owner of the cat or dog and to permit the owner to transfer the animal, at the owner's expense, to the office of a veterinarian. (4) Where 3 dog ;~ss bi~en ~r !nterfered with ,~ z, erson or domestic ;.~n~m~L ~h8 Amma~ 3e~:~ces :~upep~isor ~ay, a~ ;~s cr her 2sccst~o~, :raer :~e ~og :o ~he Anlmai Se~4ces Supe~isor. Should the ,owner of the dog disagree with the order to muzzle and/or leash, he or she may appeal the decision to the Pickedng-Ajax-Whitby Joint Animal Services Committee. Upon ~eceipt of notification of an appeal, the Pickering-Ajax-Whitby Joint Animal Services Committee shall, as soon as is practicable, conduct a hearing and shaft hear evidence presented by both the Animal Services Supervisor and the owner of the dog, it being understand that in the intedm between the date of the order to muzzle and/or leash and the date of the hearing of the appeal by the Pickedng-Ajax-Whitby Joint Animal Services Committee, the owner shall comply with the order and the dog shall remain muzzled and/or leashed. At such time as the Pickering-Ajax-Whitby Joint Animal Services Committee makes its decision to confirm, modify or quash the order, the decision shall be considered to be final and binding and the owner of the dog shall comply therewith. 10. GENERAL REQUIREMENTS Every owner of a cat or dog shall immediately remove excrement left by the cat or dog on property anywhere in the City. No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessively. For the purposes of this section, a dog shall be deemed to be howling or barking excessively if it does so repeatedly for a period of twenty (20) minutes or longer. No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned, or harboured, more than two (2) dogs in or about the dwelling unit. 11. EXCEPTIONS Section 2 of this by-law shall not apply to owners of police work dogs and dog guides. 12. PENALTIES (1) Any person who contravenes any of the provisions of this; by-law is guilty of an offence and upon conviction thereof is liable to a fine of not more than $5,000.00, exclusive of costs, which shall be recoverable under the provisions of the Provincial Offences Act and all the provisions of the said Act shall apply to any prosecution for any offence under the provisions of this by-law. (2) Notwithstanding the provisions of Subsection 12(1) of tihis by-law, any person may, upon presentation of a violation ticket issued pursuant to this by-iaw alleging the commission of an offence through the contravention of one or more of the provisions of this by-law, pay out of court within five (5) days from the date of issue the violation ticket, exclusive of Saturdays, Sundays and statutory holidays, the sum indicated on the violation ticket. ~, 2~/.. any. ,:ou~ ~:)f competen~ jurisaiction, the 4'emsining 'erin,= .... ~nd cru ........ ~o' '~ 15, 16. (1) SHORT TITLE T~is by-iaw may be cited as the Cat and Dog 8y-law. REPEAL OF EXISTING BY-LAWS ~y-law Number 5728/00 is hereby repealed. (2) EFFECTIVE DATES The provisions of this by-law shall come into force and take effect on the day of the final passing thereof save and except Subsection 2(4). The provisions of Subsection 2(4) of this by-law shall come into force and take effect on the 1st day of January, 2005. BY-LAW read a first, second and third time and finally passed this 4th day of October, 2004. David Ryan, Mayor Bruce Taylor, Clerk (i 18 Being :~ Oy-iaw ~:o .appoint :3¥-iaw E:qfcmeme.qz Officers/or .cer[ai~ Purposes (Parking Regulation - ~,345 Altona Rd., 905 & 925 Bayty 1915 & 1945 Denmar Rd., 1310 Fietdlight Blvd., 1210 & 12,35 Radom St., ' 530, '~ 540, ! 625, '1655 & 1665 Pickering Par~av, ~ ~ . ~9~B&!g75 Rosefieid Rd., 1525 & 1535 Diefenbaker CouP, 1000 & 1400 The Esplanade, 1850 ~ingston Road and !885 Glenanna Road WHEREAS pursuant to section 150) 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 enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1345 Altona Road, 905 Bayly Street, 1915 Denmar Road, 1310 Fieldlight Blvd., 1655 & 1665 Picketing Parkway and 1235 Radom Street: Andrew Truong b) 1210 & 1235 Radom Street, 1310 Fieldlight Blvd., 1958 & 1975 Rosefield Rd., 1915 Denmar Rd., 1525 & 1535 Diefenbaker Court, 1530, 1540 & 1625 Picketing Pkwy., 625 Bayly Street, 1360 & 1885 Glenanna Road, 1000 & 1400 The Esplanade and 1650 Kingston Road: Matteo Martire Scott Smith Cynthia English Richard Bell Joan Halket Tony Murray c) 1945 Denmar Road: Kim Lendvay 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 person listed in section l(a) ceasing to be an employee of Authorized Parking Only Ltd. or upon Authorized Parking Only Ltd. ceasing to be agents for 1345 Altona Road, 905 Bayly Street, 1915 Denmar Road, 1310 Fieldlight Blvd., 1655 & 1665 Pickering Parkway and 1235 Radom Street. or upon the persons listed in section l(b) ceasing to be employees of Group 4 Faick (Canada) Limited, or upon Group 4 Falck (Canada) Limited ceasing to be agents for 1210 & 1235 Radom Street, 1310 Fietdlight Blvd.,. 1958 & 1975 Rosefieid Rd., 1915 Denmar Rd., 1525 & 1535 Diefenbaker Court, 1530, ",540 & 1625 Pioneering Pkwy., 625 Bayiy Street, 1360 & 1885 Glenanna Road, 1000 & 1400 The Esplanade and 1650 Kingston Road or upon whichever shall occur first. 019 David Ryan, Mayor Bruce Taylor, City Clerk ( 20 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 29, 2004 To: Bruce Taylor City Clerk From: Mike Duff Planner II Subject: Draft Amending By-law for Zoning By-law Amendment Application A26/92 Draft Plan of Condominium 18CDM-92008 Kalmoni Establishments Inc. 1292 Old Orchard Ave. (Lot 8 and Part of Lots 7 & 9, Plan 432) City of Picketing Due to the length of time that has passed since Pickering Council approved By-law Amendment application A26/92, staff has prepared this detailed memorandum to update the status of the development and to forward an implementing zoning by-law for Council's consideration at its regular meeting of October 4, 2004. The subject property is located on the north side of Old Orchard Avenue, west of Liverpool Road (see Location Map, Attachment #2 and Pickering Council approval of A26/92, Attachment #3). The Condominium Plan and Zoning By-law Amendment for a maximum of 16 residential units continues to be compatible with neighbouring development and is similar to other new condominium developments throughout the City of Pickering. The Plan and by-law maintain and reflect conditions established through resident meetings and discussions with the applicant in the 1994 to 1996 time period when the matter was considered in detail (see Background History, Attachment CFA). Finalizing the previously approved Draft Plan of Condominium through an Implementing By-law The City of Pickering conditionally approved Draft Plan of Condominium 18CDM-92008 in 1994. However, the applicant suspended the application pending a more favourable market condition. Consequently, an implementing by-law was not forwarded to Council for enactment. Kalmoni Establishments Inc. September 29, 2004" 02i Page 2 Preparation of a by-law that implements the general intent of the approved Draft Plan of Condominium while providing flexibility to consider revisions that improve site layout The approved Draft Plan of Condominium and zoning amendment set out strict criteria regarding setbacks from adjoining properties, roads and other dwellings, and established limits to the height and scope of the overall development to ensure resident privacy. The criteria were derived from the numerous resident concerns respecting privacy, and were incorporated in Council's conditions of zoning approval. The draft by- law accompanying this memorandum incorporates the performance standards previously introduced and will allow development of the approved condominium plan (see Attachment #1). Residents in the immediate vicinity of the subject property have been notified that the draft implementing by-law is being forwarded to Council. The draft by-law presented as Attachment 1 to this memorandum maintains the previous Council's approved standards including perimeter lot depths, while at the same time provides flexibility in building location within the building envelope. This flexibility will permit a potential reorientation of units, provide improved separation between units, and better overall living conditions. Details of the site design will be assessed through the site plan review process. It is recommended the implementing by-law be forwarded to Council for enactment. I concur that this By-law be considered at this time: Neil Carro~'..L_./~. Director, Pl~"Sning & Development MD:Id J:STAFFIrndu[flKalmonilMemorandum Attachments 1. Draft By-law 2. Location Map 3. Resolution #243/94 4. Background History Mike Duff Planner II 022 THE OORFCRATiOix~ OF .-HE CiT? 2~?-~!3KEiEiNG Being a By-iaw to amend Restricted Area (Zoning) By-law 251! as amended, to implement the Official Plan of the City of Picxering District P!anning Area, Region of 'Durham in Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering. (A 26/92) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable t0 permit the development of detached and semi-detached residential dwellings on the subiect Iands, specifically being Lot 8 and Part of Lots 7 & 9, Plan 432. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: o SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Lot 8 and Part of Lots 7 & 9, Plan 432, in the City of Pickering, designated "MD-S-SD" 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 ezcept in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling" 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) "Dwellinq Unit" shall mean one or more habitable moms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwellinq, Semi-Detached Dwelling" shall mean one of a pair of single dwellings, such dwellings being attached together horizontally by an above-grade common wall. (d) . "Dwellinq, Detached or Detached Dwelling" shall mean a single dwelling, which is freestanding, separate and detached from other main buildings or structures; (2) (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic or a cellar; (3) (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'~ '_st Caverace' snaii ~esn he sercen~age of et area coverec~ ;~,' aii 023 "Lot F~,'entaae~' snail mean '::he width of a io~ be[Ween :he side io[ !ines measu,~ed aiong a ,3arailei ;o aha 7.5 i,'ne~res sistan~, f.rom ;he iine; (4) "Private Garaqe" shall mean an enclosed or partially enciosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (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; (0 "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) "Flankaqe 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; "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 stru. cture on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) Uses Permitted ("MD-S-SD" Zone) No person shall within the lands designated "MD-S-SD" on Schedule attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential, use; (ii) semi-detached dwelling residential use. Zone :,.e~uimmen';:s "M D-S-S D" :one attached hereto use any Jot or erect, alter or use any ~ui~c~ing <}xcast ~n accsndancs with ':he following provisions: BUILDING REQUIREMENTS: A Number of Dwelling Units (maximum) !6 B C Building Height (maximum) Number of dwelling units fronting Old Orchard Avenue Dwelling Unit Requirements: 9.0 metres 4 (l) Maximum one dwelling unit per lot (Il) Minimum gross floor area residential of 100 square metres; E Building Location and Setbacks: Buildings and structures shall be located entirely within the building envelope as illustrated on Schedule I attached hereto. (ii) LOT COVERAGE (Maximum): 40 percent A Despite Section 5(b)(ii) above, where a single storey covered and unenclosed verandah or porch having no habitable space above it is attached to thE; wall containing the main front entrance to the dwelling unit, such porch shall be excluded from the calculation of lot coverage. Minimum Parking Spaces (per dwelling unit): 2 spaces Minimum one private garage per lot PARKING REQUIREMENTS: A B C Any vehicular entrance for a private garage shall be located a minimum of 6 metres from any lot line that abuts the .street er private road that provides vehicle access to the private garage; (iv) BUILDING SEPERATION: A The horizontal distance between adjacent building,,; shall not be less than 1.8 metres, except if such buildings are attached in whole or in part. (v) SPECIAL REQUIREMENTS: A Despite Section 5(1)(b)(E)(I) Accessory Buildings and Uses are permitted in accordance with By-law 2511 Section 5.19. B Despite the provisions of Section 5.6 of By-taw 251 !, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street and the following provisions apply: BY-LAW 2511 (d) (e) (f) (g) _:': ?:om:age (mlmmum; :font 'farci Oepih (minimum): (i) to front wail of dwelling: 4.5 metres (ii) to garage: 8.0 metres interior Side Yard Depth (minimum): (i) 1.2 metres; and (ii) on the side where dwellings on adjacent lots are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, or a direct extension thereof, shall be set back from the lot line separating such lots as follow: ii. 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; Flankage Side Yard Width (minimum): 2.7 metres; 7.5 metres; Rear Yard Depth (minimum): 9.0 metres. Building Height (maximum): By-law 2511, 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 2511, 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 4 (Jay of October ,2004. ¢ 25 David Ryan, Mayor Bruce Taylor, Clerk BUILDING ENVELOPE SCHEDULE T TO BY-LAW 6375/04 PASSED THIS 4th DAY OF October 2004 MAYOR CLERK ~ : ./ ................... :~ ..... Town of Piclrering Planning I)epart~nen[ pROpERTY DESCRIPTION PART LOTS 7 & 9, L~"'g,' OWNER KALMONI ESTABLISHMENTS INC. DRAWN By' t<:.~ : I APPUCAnOH NC. A26/92; 18CDM-92008 DATE NOV. IO/92 CHECKED BY IDB (OR DEPiTRTMENI USE ONLY PC-2 PA-. "" ' Excerpts from Council Meeting Minutes of Monday, October 17, 1994 EXECUTIVE COMMITTEE MEETING MINUTES TUESDAY, OCTOBER 11, 1994 - 7:30 P.M. APPENDIX #1 TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on October 11, 1994, presents its thirteenth report to Council and recommends: ZONING BY-LAW AMENDMENT APPLICATION A 26/92 KALMONI ESTABLISHMENTS LTD. PART OF LOTS 7 AND 9, LOT 8, PLAN 432 (OLD ORCHARD AVENUE NEAR LIVERPOOL ROAD) FILE NUMBER- B 2310 - A26/92 That Town Council advise Regional Council that condition No. 1 pertaining to its October 4, 1993 recommendation respecting Draft Plan of Condominium 18CDM-92008, submitted by Kalmoni Establishments Inc., on lands being Lot 8 and Part of Lots 7 and 9, Plan 432, Town of Picketing, be REVISED to replace the October4, 1993 Recommended Plan with the Recommended Plan dated October 11, 1994. ZONING BY-LAW AMENDMENT APPLICATION A 26/92 KALMONI ESTABLISHMENTS LTD. PART OF LOTS 7 AND 9, LOT 8, PLAN 432 (OLD ORCHARD AVENUE NEAR LIVERPOOL ROAD) FILE NUIvlBER- B 2310 - A26/92 That Zoning By-law Amendment Application A 26/92, submitted by Kalmoni Establishments Inc., on lands being Lot 8 and part of Lots 7 & 9, Plan 432, Town of Pickering, be APPROVED AS REVISED by staff to permit the development of 16 residential condominium units, subject to the following conditions: That Draft Plan of Condominium 18CDM-92008 receive draft approval by the,Region of Durham. That the implementing Zoning By-law include, but not necessarily be limited to, the following provisions: .. (a) a miniinum front' yard depth of 7.5 metres be established for units 13 and 16; (b) a minimum front yard depth of 6.0 metres be established for units 14 and 15; (c) a minimum rear yard depth of 7.5 metres be established for units 1 to 6; ..... continued Excerpts from Council Meet#tg Mintttes of Monday, October 17, 1994 -2- (d) a maximum height be established to limit the height of dwellings to 2 storeys; (e) a minimum side yard width of 7.5 metres be established for units 1 and 7; (f) units 7 through 12 be developed as semi-detached dwellings and units 1 through 6 and 13 through 16 be developed as detached dwellings; ~ (g) a maximum garage prOjection of 2.0 metres from the main front ~4[ wall of the dwelling for detached dwellings. That the owner obtain site plan approval from the Town which shall address, but not be limited to, the location, height, and type of screening and privacy ,fencing abutting the rear yards of lots fronting Hailer Avenue, Douglas Avenue and Old Orchard Avenue. Background History The application was first received in October 1992, and underwent the planning process, including circulation, public information meeting, Executive Committee and Council Meetings. Further revisions were required on occasion resulting in additional meeting dates over a two-year period of time. October 11, 1994, the Executive Committee recommended approval of a revised plan for 16 units (10 detached and 6 semi-detached units). Pickering Council and Regional approvals followed on October 17, 1994 and February 8, 1995 respectively. On February 26, 1996, the City received a letter from the applicant advising that until the Condominium Law becomes more flexible to allow phasing or the market is able to absorb all 16 units, they will not be proceeding with the project. In the spring of 2003, Khalil Syed, Architect, on behalf of Kalmoni Establishments Inc., requested in writing that the City of Pickering reactivate the Draft Plan of Condominium and Zoning By-law Application. The applicant's goal was to obtain an implementing by-law that allows for the development of the approved Draft Plan of Condominium. Due to the length of time between the passing of Resolution 243/94 and the present, Staff have advised residents within 150 metres of the subject property of the applicant's interest in having Council pass a Zoning By-law to implement their previous approval.