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HomeMy WebLinkAboutApril 11, 2005Executive Committee Meeting Agenda Monday, April 11, 2005 7:30 PM Chair: Councillor Pickles (I) ADOPTION OF MINUTES Meeting of March 29, 2005 PAGE 1-5 (11) ]. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 14-05 ZONING BY-LAW AMENDMENT APPLICATION A 16/04 RENATA TRENT 905 DILLINGHAM ROAD PART OF LOT 19, B.F.C., RANGE 3 (DURHAM CONDOMINIUM PLAN 105) PAGE 6-40 PLANNING & DEVELOPMENT REPORT PD 12-05 PLACES TO GROW 41-56 PLANNING & DEVELOPMENT REPORT PD 13-05 FINAL ASSUMPTION OF PLANS OF SUBDIVISION 57-74 CORPORATE SERVICES REPORT 28-05 APPLICATION FOR VARIANCE FROM THE SIGN BY-LAW SUBMITTED BY JOHN BYBERG 75-84 CORPORATE SERVICES REPORT CS 29-05 APPOINTMENT OF SPECIAL BY-LAW OFFICERS 1822 WHITES ROAD 85-92 Executive Committee Meeting Agenda Monday, April 11, 2005 7:30 PM Chair: Councillor Pickles PROCLAMATIONS "HEPATITIS C AWARENESS DAY" "HEPATITIS C AWARENESS MONTH" 93-95 (111) OTHER BUSINESS (IV) ADJOURNMENT Executive Committee Meeting Minutes Tuesday, March 29, 2005 7:30 PM Chair: Councillor McLean PRESENT: Mayor Dave Ryan COUNCILLORS: D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: E. Buntsma N. Carroll G. Paterson B. Taylor T. Melymuk C. Rose - (Acting) Chief Administrative Officer and Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Corporate Projects & Policy - Manager, Policy G. McGregor- Principal Planner- Policy ABSENT: Councillor Ashe Councillor Brenner T. J. Quinn - Personal Business - Personal Business - Chief Administrative Officer (Medical Leave) (i) ADOPTION OF MINUTES Meeting of February 28, 2005 (11) 1. MATTERS FOR CONSIDERATION CORPORATE SERVICES REPORT CS 22-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES Approved See Recommendation #1 -1- Executive Committee Meeting Minutes Tuesday, March 29, 2005 7:30 PM Chair: Councillor McLean CORPORATE SERVICES REPORT CS 27-05 NOMINATION TO 407 EAST INDIVIDUAL ENVIRONMENTAL ASSESSMENT Approved Nomination of Jeanette Wiles See Recommendation #2 CORPORATE SERVICES REPORT CS 26-05 BY-LAW ENFORCEMENT Approved By-law Forwarded to Council See Recommendation #3 PROCLAMATIONS: "SENIORS MONTH" Approved See Recommendation #4 (111) 1. OTHER BUSINESS Councillor Dickerson noted that Mayor Parish requested legal advice on the City of Pickering's agricultural easements. Councillor Dickerson noted that Mayor Parish was the Chair of the Regional Planning Committee from 2000-2003 and during that period the Region, on the recommendation of its Planning Committee, chose to allow the City to be the only signatory to the agricultural easements. Councillor Dickerson thanked all who attended the Easter Parade. Councillor Pickles noted that the Minutes of the Council Meeting of March 21st Item #8 under Other Business should be revised to reflect his intent that a lette; be forwarded to Transport Canada to invite a member of Heritage Canada to sit on Transport Canada's local Heritage Committee. Councillor McLean reported that the Province has allowed a pilot project for photo radar on local streets in Mississauga. Mayor Ryan stated that the Easter Parade was a great success and thanked staff for their assistance. 2 Executive Committee Meeting Minutes Tuesday, March 29, 2005 7:30 PM Chair: Councillor McLean The following matters were discussed prior to the regular meeting: a) The Director, Planning & Development provided Council with an update on the "Places to Grow" draft plan and the effect of the Greenbelt legislation on the City. b) Mayor Ryan stated that Mayor Parish has put forward a motion to have the Regional Solicitor report on the City of Pickering's right to release the agricultural easements. {IV) ADJOURNMENT The meeting adjourned at 8:03 pm. -3- PICKEi, ING Appendix I Executive Committee Report EC 2005-05 That the Executive Committee of the City of Pickering having met on March 29, 2005, presents its fifth report to Council and recommends: CORPORATE SERVICES REPORT CS 22-05 SECTION 357/358 OF THE MUNICIPAL ACT ADJUSTMENT TO TAXES 1. That Report CS 22-05 of the Director, Corporate Services & Treasurer concerning Adjustment to Taxes, be received; and 2. That the write-off of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CORPORATE SERVICES REPORT CS 27-05 NOMINATION TO 407 EAST INDIVIDUAL ENVIRONMENTAL ASSESSMENT That Report CS 27-05 regarding a nomination for appointment to the 407 East Individual Environmental Assessment Community Advisory Committee, be received; and That Jeanette Wiles be nominated to represent the City of Pickering on the 407 East Individual Environmental Assessment Community Advisory Committee; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 26-05 BY-LAW ENFORCEMENT 1. That Report CS 26-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and 4 PICKER1NG Appendix I Executive Committee Report EC 2005-05 That the draft by-law to appoint persons to enforce the Parking By-law at 1310 Fieldlight Blvd., 1345 Altona Road, 1655 & 1665 Pickering Parkway, 1235 Radom Street, 905 Bayly Street and 1915 Denmar Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. PROCLAMATIONS: "SENIORS MONTH" That Mayor Ryan be authorized to make the following proclamations: "Seniors' Month"- June, 2005 5 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05, be FORWARDED to City Council for enactment. REPORT TO EXECUTIVE COMMITTEE Report Number: PD 14-05 Date: March 24, 2005 From: Nell Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 16/04 Renata Trent 905 Dillingham Road Part of Lot 19, B.F.C Range 3 (Durham Condominium Plan 105) City of Pickering Recommendation: That Zoning By-law Amendment Application A 16/04, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 14-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105) City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 16/04, as set out in Appendix I to Report PD 14-05 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to add a body rub parlour as a permitted use to the lands located at the south-east corner of Quigley Street and Dillingham Road (see Location Map, Attachment #1). No alterations are proposed to the multi-tenant industrial condominium to accommodate the requested use (see Applicant's Submitted Plan, Attachment #2). The property is located in the area of the City, defined by Municipal By-law 5764/00, as an area where a body rub parlour use may operate, subject to obtaining zoning approval. The applicant has advised that they have operated from this property for the past five years and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City is not aware of any documented complaints respecting the use. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Renata Trent (A 16/04) March 24, 2005 Page 2 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 Comments Received 1.1 At the January 20, 2005 Information Meeting (see text of Information Report, Attachment #3) Public Comments tenants from the industrial condominium where present, but did not speak; - tenants submitted a list of issues and concerns with an attached petition signed by 11 tenants (see Attachment #4); 1.2 Agencies Applicant's Comments - no specific comments; applicant's solicitor spoke on their behalf; solicitor provided a written statement (see Attachment #5); Durham Region Planning Department Veridian Connections conforms with Regional Official Plan; municipal water supply and sanitary sewer are available; no Provincial interests identified; (see Attachment #6); no objection (see Attachment #7); 1.3 City Departments - no specific comments. 2.0 Discussion 2.1 Use and Compatibility 2.1.1 Proposed use conforms to the Pickering Official Plan The applicant is proposing to add a body rub parlour as a permitted use. The subject property is designated "Employment Area - General Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered. Approval of the rezoning would conform with the Pickering Official and the Region of Durham Official Plan. Renata Trent (A 16/04) March 24, 2005 Page 3 ,9 2.1.2 2.1.3 2.2 2.2.1 2.2.2 The site is suitable for the proposed use The proposed use is compatible with the surrounding land uses. The industrial condominium building site currently provides a total of 66 parking spaces. Based on our parking calculation of 1 space per 56 square metres of gross leasable floor area for industrial uses (3010 square metres), the building requires 54 parking spaces. Therefore, due to the surplus of 12 parking spaces and offsetting hours of operation from regular business hours, the ability to share parking is possible. Furthermore, the application has received authorization from Durham Condominium Corporation 105 Manager, Joe Ross, allowing the submission of Zoning By-law Amendment - A 16/04, and Mr. Ross advises that he does not object to the rezoning (see Attachment #8). The proposed body rub parlour use will have minimal impact The proposed use is located in an area of the Brock Industrial Neighbourhood that has no visual presence along the major transportation corridors of Brock Road, Clements Road or Bayly Street. Rezoning the property to include a body rub parlour as a permitted use would recognize an existing non-conforming use and bring it into compliance. Furthermore, the applicant has advised that the proposed use has operated from 905 Dillingham Road for the past five years (see Attachment #9), and through discussions with Municipal Law Enforcement Services and Durham Regional Police Services, the City is not aware of any documented complaints respecting the use. Zoning By-law Performance Standards The proposed by-law will limit the gross leasable floor area The by-law will limit the gross leasable floor area of the body rub parlour use to a maximum of 160 square metres. The information report dated January 20, 2005, indicated the floor area to be 85 square metres, representing the ground floor area only. However, the unit contains a mezzanine level with a floor area of approximately 68 square metres for a total floor area of approximately 160 square metres. The intent of limiting the gross leasable floor area is to ensure that the proposed use does not occupy a significant amount of floor space within the condominium complex, thus becoming the primary use. A mix of uses will be maintained. The existing by-law will govern all other zoning requirements No further amendments to the current 'M2' zoning are proposed or required. The current by-law requirements will continue to apply to the property. Renata Trent (A 16/04) March 24, 2005 Page 4 2.3 2.3.1 3.0 Municipal By-law 5764/00 - Body Rub Parlours The proposed body rub parlour complies with the Municipal By-law & licensing requirements On October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulating of body rub parlours within the City of Pickering. The by-law includes a provision that restricts the location in which body rub parlours may be considered to operate. The restricted area is within the Brock Industrial Neighbourhood, subject to a zoning by-law amendment application being approved by the City. The subject property is located within the designated area as per Municipal By-law 5764/00 (see Attachment #10), and the business has been issued a 2005 Body Rub Parlour License from Municipal Law Enforcement Services. At the time of passage of Municipal By-law 5764/00 the City provided existing body rub parlours a "grandfather status" which permitted the business to obtain a license even though zoning 'was not approved. This special status expires December 31, 2005. Consequently the applicant is requesting rezoning of the subject property to permit the continuance of the existing business. Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Tenants Comments and Petition 5. Applicant's Solicitors Written Statement 6. Comments from the Region of Durham Planning Department 7. Comments from Veridian Connections 8. Condominium Board Manager Authorization Letter 9. Letter from Applicant 10. Municipal Body Rub Parlour By-law - 5764/00 Renata Trent (A 16/04) March 24, 2005 Page 5 Prepared By: Approved / Endorsed By: ~'aOn~e?~ m~r~ows ki, CPT Neil Carroll Director, Planning & Development Lynda/Taylor, I~lP, RPP Manager, Devblopment Review GXR:Id Attachments Copy: Chief Administrative Officer (Acting) Chief inistrative Officer iRecomme~ consideration Picker~ of ef,,~minist~tive Officer APPENDIX I TO REPORT NUMBER PD 14-05 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 16/04 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO__ ~ ~j~ll~ eing a By-law to'amend ~i~d~Area (Zoning) By-law 2511, to implement the Official Plan of tf~e City of Pickering, Region of Durham, for Part of 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering. (A 16/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to change the zoning of the lands to permit an additional use being a Body Rub Padour Use, on the subject lands, located in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Picketing. AND WHEREAS an amendment to By-law 2511, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE ! Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, B.F.C. Range 3, (Durham Condominium Plan 105), City of Pickering, designated "M2" on Schedule I attached to this By-law. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. TEXT AMENDMENT Section 17 - Industrial Zone - "M2" is hereby amended by adding the following after subsection 17.4.3: 17.4.4 - Part of Lot 19, B.F,C. Range 3, (Durham Condominium Plan 105) (1) Definitions (a) For the purpose of this subsection "Body Rub Parlour" includes any premises or part thereof where a body rub is preformed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are preformed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (b) For the purpose of this subsection "Body Rub" includes the kneading, manipulatin9, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; (2) -2- Provisions In addition to the provisions of Section 17.1 hereof, the lands designated "M2" on Schedule I to this By-law may be used for the purpose of a Body Rub Parlour in accordance with Section 17.2 provided that the following requirements are met: (a) the gross leasable floor area of all Body Rub ~arlours shall not exceed 160 square metres. 5. BY-LAW 2511 By-law 2511 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-taw shall be governed by the relevant provisions of By-law 2511, as amended. 6. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. day of Bruce ~ylor, Clerk SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2005 MAYOR CLERK BAYLY 'STREET ..... RAYLY STREET 0 ~ I ORANGEBROOK I I PR' 2PER'i'Y- QUIGLEY STREET © >- ~. CLEMENTS ROAD City of Pickering Planning & Development Department PROPERTY DESCRIPTION DCP 105, LEVEL 1, UNIT 3 OWNER D. TRENT i DATE NOV. !9, 2004 DRAWN BY JB FILE No. A 16/04 SCALE 1:5000 CHECKED BY GR FOR DEPARTMENT USE ONLY PN-4 PA- ATTACHMEN'I' ~ RE?0R7 # PD - INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 16/04 - R, TRENT QUIGLEY STREET ~_~--~.~¢ . : ~. .~'~""' i ' '~ i ~ UNiT 3 1 o ATTACHMENT #,,, REPOR'~ # PD INFORMATION REPORT NO. 01-05 FOR PUBLIC INFORMATION MEETING OF January 20, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 16/04 Renata Trent Durham Condo Plan 105, Level 1, Unit 3 (905 Dillingham Road) City of Pickering 1.0 2.0 3.0 3.1 PROPERTY LOCATION AND DESCRIPTION the subject property is approximately 0.81 hectares in size, and located on the south east corner of Dillingham Road and Quigley Street (see Attachment #1 - Location Map); a 23 unit multi-tenant industrial condominium occupies the site; the property is surrounded by industrial-commercial uses. APPLICANT'S PROPOSAL the applicant proposes to amend the existing zoning on the subject lands to add a Body Rub Parlour as a use; this proposed use will occupy Unit #3 within the existing industrial condominium; total gross floor area of the existing industrial condominium is 3,010 square metres; Unit #3 consumes approximately 85 square metres of the floor area (see Attachment #2 - Applicant's Submitted Site Plan). OFFICIAL PLAN AND ZONING Durham Reqiona! Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area"; this designations goal is to establish Employment Areas and efficiently guide their development to obtain the greatest benefit for the Region; - to increase job opportunities for the residents of the Region; Information Report No. 01-05 AT~ACHMEN'r #.~ ~ REPOR~ ~ PD //-/- ~5 Page 2 3.2 3.3 3.4 Employment Areas shall be used for limited personal service uses; the applicant's proposal appears to comply with this designation; Pickerin.q Official Plan the subject property is designated "General Employment" within the Brock Industrial Neighbourhood; this designation permits a wide range of employment uses while allowing for limited personal service uses serving the area; Schedule II of the Pickering Official Plan -"Transportation Systems" designates Dillingham Road and Quigley Street as a Local Roads; Zoninq By-law 2511 the subject property is currently zoned "M2" - Industrial Zone by By-law 2511/00; the current zoning permits the following uses: All commercial uses permitted under "MI"- Storage & Light Manufacturing; All industrial uses permitted under "MI" - Storage .& Light Manufacturing along with a transportation terminal, manufacturing and industrial uses with limited outdoor storage; - the applicant is requesting to add a Body Rub Parlour use to the existing zoning; - the amendment would only apply to 905 Dillingham Road; Municipal By-law Pertaining to Body Rub Parlours - on October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulation of body rub parlours within the City of Pickering; - the by-law includes a provision which restricts the location in which body rub parlours may be considered to operate, to the City's Industrial area, subject to a zoning by-law amendment application to permit the use (see Attachment #3 - Schedule "B" to By-law 5764/00); - the definition of a Body Rub Parlour is as follows: a "Body Rub Parlour" is defined as any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; Information Report No. 01-05 ATTACHMENT if_. 3" TO REPOR*[ # PD ~l,z/-- O~ Page 3 4.0 4.t 4.2 4.3 a "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. RESULTS OF CIRCULATION Resident Comments - no comments have been received; Agency Comments - no comments have been received; Staff Comments - in reviewing the application to-date, the following matters have been identified by staff for further review and consideration: Use · the compatibility of the proposed use within the existing industrial condominium; · examine compatibility with existing built form; · examine the entire site to ensure that all uses within the industrial condominium conform with the "M2"- Industrial Zone; · this zoning amendment will evaluate the appropriateness of the requested use; Parkinq · assess the current parking supply on-site and will examine the potential effects that this proposed use may have on the parking supply; Zoninq determine whether or not floor-space limitations for the proposed use should be included in any zoning by-law; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. Information Report No. 01-05 ATTACHMENT¢ 3 TO REPOR'I' # PD~ Page 4 5.0 6.0 6.1 6.2 6.3 PROCEDURAL INFORMATION written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. OTHER INFORMATION Appendix No. I list of neighbourhood residents, cOmmunity associations, agencies and City Departments that have commented on the applications at the time of writing report; Information Received - full scale copies of the Applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Development Department; Property Principal & Leasee - the principal of 905 Dillingham Road is Joe Ross, the leasee of 905 Dillingham Road, Unit #3 is Renata Trent represented by Noel D. Gerry. ORIGINAL ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner I GXR:Id Attachments Lynda Taylor, MCIP, RPP Manager, Development Review Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 01-05 COMMENTING RESIDENTS AND LANDOWNERS (1) no comments received to date; COMMENTING AGENCIES (1) no comments received to date; COMMENTING CITY DEPARTMENTS (1) no comments received to date; ,~ACHMEi\~I' #_. TO The owners.and tenants of 905 Dillingham Road have a wide range of problems with the operation of the body rub parlor 1. The late operating hours bring a lot of traffic to om- building very late at night there is constantly beer cans and trash left behind and on many occasions customers have been seen urinating on and arom~d the building. 2. The parking in the building doesn't allow for the amount of cars there business brings. The employees and customers park in areas not designated to parking and in the spaces assigned to the other units. 3. It is also the belief of the owners that the values of our properties are compromised by having this type of business in the building. There is always a ~oup of scantly clad women out front smoking. As an owner who was recently selling one of my unit~ I can tell you first hand that two potential buyers were turned off the unit because of the presence of this type of massage parlor. If you are wondering what is meant by "this type of massage parlor" it would only take a few seconds on there web site to know what there all about. Thank you Owners and Tenents ~'?'fACHI'~EN7 # ~ TO The following are tenants and or owner/members of the Condominiun Corporation at 905 Dillingham Road By show of signatures would like to appos¢ the application for a zoning amendment Made by Renata Trent to add a body rub parlour as a permitted use .____/:~ ........ ..., ~ ....... /:'~TTA~HMENT #_ ~ ,TO ~EPOR!# PD t~-~)5 NOEL D. GERRY BARRISTER & SOLICITOR By Fax {g05) 420-4511 a'nd Hand Delivered SD Richmond Street East Suite ~100 Toronto, Ontario N/SD Telephone; 416972.1161 Fa)c: 4.16-362.cJ984 January 20, 2005 Corporation of the City of Pickerfng One The Esplanade Picketing, Ontario LIV 6K7 Attention: Mr. Bruce Taylor, City Clerk Dear Sir. Re: Zoning Amendment Application A1 9OS DIIlingham Road, Unit #3 ' ' .... I act far the Owner/Applicant, Ms. Renata Trent. Please accept and put forward for consideration by Council these Wdtten submissions, which are provided Jn accordance with subsection 34(t4.1) of the Planning Act. The Applicant seeks an amendment to the current zoning by-taw governing 905 Dillingham Road to allow for a body-rub Parlour'as a permitted use at the said premises. The Applicant has operated a duly licensed body-rub parlour at 905 Dillingham Road, Unit #3 for approximately five years, Body-rub padours are governed under City of Pickering By-taw 5764/00, In addition to setting out various requirements for the obtaining of a body. rub parlour licence, the By- law. sets out the area or areas in which body-rub padours may operate within the geographic iim~ of the Otty of Pickering. The 'Municipality did not enact a corresponding zoning by. law at the time of the passage of its licensing by-I~w, thus creating a situation where operation of the business under the iioence results in a zoning violation (please see Treesann Management Inc. v, Town of Richmond Hill, · where an adult entertainment parlour by-law was quashed on that basis).' The City has, after five years of licensing the activity at the subject location, put the Applicant on notice that it must seek an 'amendment to the zoning by-law to allow for its continued lawful operation. The subject premises already falls within the licensing zone'established by By-taw 5764/(::)0. By granting this appiicatbn for a zoning amendment, Council would,simply be correcting the omission that was made in faiting to enact a corresponding zoning by-law at the time of the passing of.By-law 5764/00. it Js presumed that Council already considered the' planning related implications of allowing the use at the subject premises when it passed By-taw 5784/00. The subject premise is located in what is primarily an industrial zone, away from residential uses. The parking provided at the site is sufficient to support all of the uses carried on in the. various industrial/commercial condominium units, Qther impaling factors, such as hours of operation and signaga are operational in nature and jurisdictionally ~Ouid fall under the rubric of licensing as opposed to planning or zoning, From a planning perspective, it is respecffuliy submitted that there would be no reason to deny the application. I have had an opportunity to review the petition letter submitted by some owners and residents of 905 DiIlingham Road. In response t~ the concerns raised please note the following:' 1. Hours of operation are regulated through licensing by-laws and not an appropriate consideration for this. application; 2. Parking Js sufficient to support the amount of cu'stomers that attend the business. Disputes over designated parking spots are an inl~emal matter for the condomini~Jm corporation. 3, The alleged negative effect on property values is unproven and irrelevant to the zoning amendment application. 4, The reference to 'this type of massage parlor'" is curious, My client is operating a licensed body-rub parbur which by statutory definition is an adult entertainment establishment_ tt has been'~uly licensed as such for five years and my client makes no pretense that it is anything else but what it holds itself to be, Considerations of the morality of my'client's business are cleady not relevant to this application. 5. A representative of the condominium corporation provided' a letter permitting the ,application. 6. The signatories of the petition do not comprise fifty, percent Of the overall unit holders in the condominium corporation.. -3- It is submitted that from beth a legal and planning perspective, allowing the application for an amendment to the current zoning by-law would be sound and prudent. All of which i.4 respectfully submitted along wi~h the letter of Ms. Renata Trent dated January 6, 2005. 2.8. The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4T" FLOOR, LANG' TOWER Janua~ 12,2005 Geoff Romanowski, Planner Pickering Civic Complex One The Esplande Picketing, Ontario L1V 6K7 Mr. Romanowski: DEVELOPMENT !)E~ARTMEN? Re: Zoning Amendment Application A16/04 Applicant: Renata Trent Location: 905 Dillingham Road, Unit 3, Picketing Part Lot 19, Concession BF Municipality: -Cityof Pickering WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7.731 Fax: 905-436-6612 E~maih planning@ ,gion.durham.on.ca www,region.d urham.on.ca A.L. Georgieff, MClP, RPP Commissioner of Planning This application has been reviewed by the Region of Durl~am and the following comments are offered. The purpose of this application is to amend the existing zoning of the subject property frOm "Genera Industrial (M2)" to add a body rub parlour as a permitted use. Regional Official Plan The lands subject to this application are designated 'Employment Area' in the Durham Regional Official Plan. Limited personal service uses may be permitted within this designation. Regional Services Municipal water supply and sanitary sewer services are available to the site'. Provincial Policies & Delegated Review ResponSibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no.matters of provincial interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. Dwayne Campbell, Planning Analyst Current Operations Branch cc: Peter Castellan, Regional Works Department "Service Excellence for our C~mmunifies N:\pim\dc~oningtComments\PickeringtA16-04.doc )0"'. ~os~. Col~sume- ATTACHMENT #~TO REPORT ~ PD~ BCF VED Il PRO~ECT YERIDIAN CONNECTIONS DEVI~LOPMENT APPLICATION REVIEW LADDR. ESS/PLAN: 905 Dillmgham l~ad MUNI CIP3J..IT¥: Picketing REP. NO.: A 16/04 SUBMISSION DATE: Decmube, 2, 2004 FEB 0 I 2005 CITY OF PICKERING eLANNING & DEVELOPMENT _-. ~?.',,~.TS" ~NT , ~i~c existing scm'ice to this build/ag may be inadequate, Details reg~rding a service upg:~a4c can be obtained from our offices, VerldJan Connections has no objection m t. he proposed development, Please £orw=d a copy of ~st sub.salon d~ desi~ so ~at Vefi~an Con~ec~ns mar p=epare an dec~c~ ~e~i~ md ~ Offe~ to Semce, Elec~cal ~gs are ~uimd (3/6) monks prior to electdc~ sem~cing date, DCC 105 October 26, 2004 To Whom It May Concern: NOV 2 3 CITY OF PiCNERING PLANNING AND DEVELOPMENT DEPARTMENT I am aware that Renata Trent, owner of unit #3 in Durham Condominium Cor~ for the use of Massage Therapy (body rub). Currently our zoning is 1Vi-M~and as Manager of the Building I would not objex{ as long as this falls within our bylaws and would automatically change back to lV ~.~ould this business cease to exist. ~4oe-l~oss Manager of DCC 105 January 6, 2005 .JAb,1 0 7 PLANNING AND , D..___EVELOPMEr'4T DEPAF1TMSNT His Worship Mayor David Ryan City of Pickering And Hon0urable Members of Council Corporation of the City of Picketing One The Esplanade Pickering, Ontario L1V 6K7 Dear Sirs: Re: Application for Re-Zoning 905 Dillingham Road, Unit #3 My name is Renata Trent and I am the owner of?ickering's Angels Iocated at 905 Dillingham Rd., Unit #3 in Pickering Ontario. As you are aware, we are applying for an amendment to the existing zoning by-law applicable to the premises to allow for the specific use of a body-mb parlour. My establishment has been fully licensed for the past 5 years (we just received the Iicence for the year 2005) and I am the owner of the condominium unit in which the business is located. The location of my eStablishment is within the defined m'ea where body-rub parlours may be licensed pursuant to Schedule "B" of City of Pickering By-law 5764/00 and all that is now required is site specific permission for the contemplated use to allow for future compliance with the City's zoning by-laws. I take great pains to ensure that all the regulations applicable to body-rub parlours outlined in By-law 5764/00 are complied with on a regular basis. All of my employees are licensed, legally permitted to work in Canada and over the age of eighteen. There are no minors allowed in the premises, either as customers or attendants. As -well, all of the employees have provided the licensing department with a criminal background check and proof of a medical examination upon obtaining their body-mb iicences. I take pride i'n the fact that we have a good record with the police and City by-law enforcement officers and in the fact that we are on good terms with our fellow condominium owners. My staff and I run this business in a quiet, clean, discreet and respectful manner and I personally promise to ensure that that trend continues, if you see fit to vote in favour of this application. ' If you have any questions or concerns in respect of this application, please feel free to contact me directly. Otherwise, I thank you in advance for taking the time to consider these comments. Yours very truly, Renata Trent 3 3 OFFICE CONSOLIDATION BODY RUB PARLOUR BY-LAW BY-LAW NUMBER 5764/00 Passed by Council on October 16, 2000 Amendments: By-law date passed section amended 5783/00 December 18, 2000 Schedule "B" December 18, 2000 Schedule TIlE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5764/00 Being a by-law to licence and regulate body-mb parlours in the City of?ickering. WHEREAS pursuant to Section 224(I) of the Act R.S.O. 1990, c.M.45 by-laws may be passed by the councils of cities for licensing, regulating, governing and inspecting body- rub parlours and for revoking or suspending any such licence and for limiting the number oflicences to be granted; and WHEREAS section 224(2) of the said Act provides for a by-law passed under this Section to regulate the sin or other advertising devices for body-mb parlours; WHEREAS Section 224(3) of the said Act fu~er provides for a by-law defining the area or areas in a city in which body-mb paflours may or may not operate and may limit the number of licences to be granted in respect of body-mb partours in any such area or areas in which they are permitted; and WHEREAS Section 224(4) of the said Act provides fo.r by-laws to be passed prohibiting the premises to be constructed or eqnipped in such a manner as to hinder or prevent the enforcement of the by-law; and WH_EREAS Section 224(5) of the said Act provides for en;D' by s medical officer of health or a public health inspector acting under his or her dkeetion or a peace officer where there is reason 1o suspect thai: a.breach of the by-law has occ. nrred and such ma5; be made at any time of the clay or night for the purposes of carrying out enforcement of the by-law; and YWf-IEREAS Section 224(6) of the said Act provides for a by-law to be passed prohibiting an5, person under the age of I8 years to enter or remain in the bOdy-rub parlour or an5, pa~ thereofi NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERINO HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, "Body-rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, cfa person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, lic~nced or registered so to do under the laws of the Province of Ontario. (b) "Body-rub parlour" includes any premises or part thereof where a body- rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-mbs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario. (c) "BOdy-rubber" includes any person who performs, offers, solicits or receives a Body-Rub. (d) "City" means the Corporation of the City of Pickering. (e) (f) "Council" means the Council of the Corporation of the City 6f Pickering. "Manager" m4ans the Manager of the By-law Enforcement Services Section or, in his or her absence, any 'person authorized to fulfill the responsibilities of the Manager. (g) "Owner" when used in reference to a body-rub parlour means a person who alone or with others has the right to possess or occupy a body-rub parlour or actually does possess or occupy a body-mb parlour, and includes a lessee of a body-mb parlour or premises upon which a body-rub parlour is located. On) "Operator" when used in reference to a body-rub parlour refers to any person who alone or with Others operates, manages, supervises, runs or controls a body-rub parlour and "operate", "operation" and other words or like import or intent shall be given a corresponding meaning. LICENCE REOUIREMENT There shall be taken our by eveW owner and ever5, operator cfa body-rub parlour a iicence from the CiD' authorizing him or her to carry, on such business in the City, for which licence the person obtaining same shall pax' to the C/ty, at or before the time of taking out such licence, the fee fixed by this By-taw, and no person shall, within the limited of the City, carry on or engage in such business until he or she has procured such licorice m do so. 35 DEFINED AREAS The area of the City defined in Schedule "B" to this By-law, which Schedule shall be deemed to be part of this By-law, is an area in which a body-rub parlour may operate and no body-rub parlours are permitted to operate in any other.area or areas of the City. APPLICATIONS FOR LICENCES Applications for the issuance or renewal of a Iicence for a body rub parlour for any given year must be received by the Manager, in the form prescribed by the Manager, on or before the 31st day of December for the next ensuing licence and calendar year. The applicant shall, at the time of filing of the application~ deliver to the Manager cash, money order or certified cheque in the amount of the licorice fee, fixed pursuant to Schedule "A" of this By-law, for every Iicence required under this By- law or for the renewal thereof. No ticence shall be issued for a body rub parlour on premises where the City's Zoning By-taws do not permit the use of those premises for such purposes. (a) (b) (c) On every application for an owner's, operator's, or body-rubber's licence or the renewal thereoi the applicant shall attend in person and not be an agent, at the office of the Manager and shall complete the prescribed forms and shall furnish such. information as may be directed. In the case of a body-rub parlour owned or operated by a partnership, the attendance required under Subsection (a) of this Section shall be by one of the partners and in the case of a body-rub p~rlour owned or operated by a corporation such attendance shall be by an officer of the corporation. Every applicant for a body-rubber's licence shall submit with their application two (2) passport size photographs of his face, one of which photographs shall be attached to the licorice and the other which shall be filed with the Manager, and upon application for renewal of any licence, the applicant shall furnish new photographs if required to do so by the Manager. (d) Every applicant for an owner's licorice shall, at the time of making his application, file with the Manager a list showing the names and addresses and birth dates of all operators and body-rubbers employed by or performing services in his body-rub parlour. (e) Every individual, panner, or other person referred to in this Section, shall file Mth or produce to the Manager proof of age, if required to do so by the Manager, and no such licorice shall be issued unless the Manager is satisfizd that every person is of the full age of eighteen years. It shall be the duty of every member of a partnership to advise the Manaeer immediately in writing of any change in the membership of the pamnershi? an~of any other change iN any of the particulars relating to the t)armershi, or its business including the names, addresses '-and birth dates 0£ all n2~w parme;s which are required to be filed with. the Manager and Council ma)'. m its discretion. determine whether the ticence or iicences shall be revoked. Every. perso.n applying for a body-.mbber's !icence or renewal themo}~ shall deliver or have delivered to rhe Manages, prior to h/s licorice being issued or renewe~ a certificate on a fmrn, supplied by the Manager, si~ed by a duly qualified medical practitioner within one (1) month immediately prior to the date of the application certifying that such person is free from communicable diseases and is medically fit to perform or receive body-rubs. 10. (a) A separate owner's Iicence shall be taken out in respect of each body-rub ' parlour. (b) . A separate operator's licence shall be taken out in respect of each body- mb parlour. (c) Each owner, owner/operator, and operator shall if they perform, offer, solicit or receive a bOdy-rub be licenced as a body-robber pursuant to the provisions of this By-law. REGULATIONS APPLICABLE TO BODY-RUB PARLOURS I 1. (a) 12. 13. !4. (b) (o) No owner of a body-mb parlour shall permit any person other than a licenced operator to operate such body-mb parlour. No owner or operator shall permit any body-rub to be performed, offered, or solicited in the pursuance of a trade, calling, business or occupation, upon or at his body-mb parlour, by any person other than a licenced body- rubber. No body-robber or other person shall perform, offer or solicit body-mbs in any body-parlour unless the owner of the said body-mb parlour, and the operator, if any, of the said body-rub parlour is duty licenced as owner or operator respectively under this By-law, (d) (e) No operator shall operate the said body-rub parlour unless the owner of the said body-rub parlour is duly licenced as an owner under this By-law. No operator may operate a body-rub parlour unless he first notifies the Manager of the name of the owner whose body-mb parlour he intends to operate and has endorsed upon his licence the said owner's name accordingly, and every operator, before operating any other body-mb parlour, shall notify the Manager of his intention so to do and have hi~ licence endorsed accordingly. Every owner and operator shall keep hi.s licence issued in respect of that bodv-mb parlour, exposed in a conspicuous place in the interior of this aid premises at all times during the currency of the Iicence. Every owner, operator or body-rubber who changes his address shall, within four (4) days afmr such change, attend at the office of the Manager ,~nd notify' the Manager of such ~ ~o ' cna,=e of address and produce his licorice fo]~ the change to be emered thereon. No owner or operator shall per~Orm or provide an>, sen;ice or services or pennk tnt· performing or providing of an.',,"servic~ or services in any bo~v-~-ab ~ariour which is constructed or equipped so as to hinder or nrevent ihe enforcement of this By-law. I7. 18. 19. ,'ia) Even/body-mb or ork.~r se~,'ice per,brined in a bodY-mb.p~riour shall be given in an individual mom of cubicle, btk no owner or operator shall cause or permit the door or other means of access to any room or cubicle where body-mbs are or may be provided, to be equipped or consumcted with a locking device of any kind, or with any other device or structure which could delay or hinder anyone from entering or obtaining access to su6h mom or cubicle. . (b) No person shall permit the obstmctio.r/, hindrance or delay of any person attempting to gain entry into a room or cubicle in a body-mb parlour in which, a service is or may be Provided in respect of such body-mb parlour. Every owner Who operates their own body-mb parlour and every operator of a body-mb parlour, in the operation of the body-rub'parlour, shall ensure that: (a) adequate toilet and washroom accommodations are provided in accordance with the Building Code as mended from time to time issued pursuant to the Building Code Act, 1992, 8.0. 1992 c.23; (b) the body-mb parlour is kept in a clean and sanitary condition; (c) every table, mat or other surface upon which persons iie or sit while being given or provided with a body-mb shall be clean and in good repair, and shall have a top surface of impervious material; (d) every table mat or other surface referred to in Subsection (c) hereof shall be covered with a fresh, clean individual paper or cloth ~heet before any person receives a body-rub thereon; (e) every sheet or towel shall, immediately after being used by any person, be deposited in a receptacle reserved for that purpose and shall not be utilized again for any purpose before being freshly laundered. (f) all exterior signs and advertisements relating to the body-mb parlour shall comply with all applicable law. (g) the signage referred to in subsection (f) herein shall not contain any offensive words or graphics. Every owner or operator of a body-rub parlour shall post and keep posted in a prominent location inside the body-mb parlour, signs sufficient to indicate clearly to every person in the body-mb parlour, that no person under the age of eighteen years is pem!itted to remain in such body-mb parlour or part thereof. No owner, operator or body-m bber shall perform or permit to be performed a body,mb in any body-mb parlour by or upon any person whom he has reasonable cause to suspect has been exposed to or is suffering from any communicable disease, including any commm~icable skin disease. Every. owner, operator, body-robber or other person performing ser~'ices in, m or upon a body-rub p&rlour or in attendance m a body-mb r)arlour in pursuance of trade, calling, business or occupation carried on by the ox~ner, or operator of such body-rub parlour, shall, upon a request made to him by any Peace Officer. Law Enforcement Officer or Public Health Inspector acting under the direction of the Medical Officer of Health. provide his name and residential address, and if he is iicenced under this By-law in respect of any trade, calling, business or occupation rsiating to such body-rub parlour, he shaI] ~roduce his said lic~ncs. 20. 21. 22. A "Peace Officer, ' or ?ubliq Healtl~ "inspector ac*Jng u.nder The direction of the Medical Officer 8f Health, may enter and inspect all areas of a body-mb'pariour, at any time of the night or day, for the.purposes of carrying out the enforcement of this By-law. The offering, selling, giving, performing or soliciting of any service and the selling, giving, trading or offering of any goods in a body-rub parlour, shall comply to all applicable law. (a) No person under the age of eighteen may be or act as an owner or operator cfa body-rub parlour or provide any services in a body-rub parlour. (b) No person may provide a body-mb or any other service in a body-mb parlour to a person who is under the age of ei~teen years. (c) No owner or operator shall permit any person under the age of eighteen to enter or remain in any body-rub parlour owned or operated by him. PENALTY 23. (1) (2) Every person who contravenes any provision of this by-law, and evry director or officer of a corporation who concurs in such conlravention by the corporation, is ~ilty of an offence and on conviction is oliable to a fine, exclusive of costs, not exceeding $25,000.00. Where a corporation is convicted of an offence under this By-law, the maximum penally, exclusive of costs, that may be imposed on the corporation is $50,000.00, and not as provided in subsection (I). VALIDITY 24. If a court of competent jurisdiction declares any provision, or any part of a provision of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorii&t by law, be applied and enforced in accordance with its terms to the extent possible according to law. EFFECTIVE DATE OF BY-LAW 25 This by-law shall take effect on January 1, 2001. By-law read a first, second and third rime and finally passed this 16th day of October, 2000. tsi~ed) Walme Arrhurs Wayne Arthurs, Mayor Bruce Taylor, Clerk SCHEDULE "A" TO BY-LAW NUMBER 5764/00 Body-Rub Parlours: First Lieence: Owner/Operator: Owner who does not operate: Operator other than Owner: Body-Rubber $I,500.00 $1,400.00 $100.00 $100.00 For the term of any Iicence period e&piring December 31 ~t of any year. Renewal: Owner/Operation: S100.00 Owner who does not operate: $100.00 Operator other than O~vner: $100.00 Body-Rubbers $100.00 3:) SCHEDULE "B" TO BY-LAW NUMBER 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE TO BY-LAW DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE · '.. LAK£ ONTAR!O RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Pickering Council RECEIVE Report PD 12-05 on the draft Growth Plan for the Greater Golden Horseshoe, prepared by the Ministry of Public Infrastructure Renewal, dated February 2005; That Picketing Council ADVISE the Minister of Public Infrastructure Renewal that it supports: (a) the concept of a growth plan for the Greater Golden Horseshoe; (b) Pickering's inclusion within the 'Greater Toronto Area and Hamilton Sub-area'; and (c) the identification of downtown Pickering as an 'urban growth centre'. That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to coordinate the transfer of the Cherrywood Community from the Greenbelt Plan to the Growth Plan under a 'Designated Growth Area' category, consistent with Pickering's approved Growth Management Study; That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to incorporate the following recommended changes into the final Growth Plan for the Greater Golden Horseshoe, such that: (a) upper, lower and single-tier municipalities are engaged as full participants in the preparation of the work program for their respective sub-area growth strategy and that all municipalities be included as members of the sub- area growth strategy working teams in addition to the Province; (b) local municipalities are provided with the authority to determine the way in which intensification is achieved in their respective areas; (c) (d) (e) (f) (g) a meaningful public consultation process to inform and obtain comments from residents and landowners in all parts of each sub-area is included as an integral component of the sub-area growth strategy work program; the content of sub-area growth strategies is refined to focus on the broader cross-boundary issues such as infrastructure, economic development, transit, and urban boundary expansions with less emphasis on rural, agriculture and natural heritage matters; the timeframe for achieving the intensification targets in the Growth Plan is extended from 2015 to a longer timeframe; the employment to population ratio is increased to 50%(one job for every two persons) for Durham Region; the transportation system is revised to: (i) add a proposed higher order transit route along Taunton Road and Kingston Road; (ii) add a proposed higher order transit route on the CP Belleville rail line through Durham Region; (iii) add a proposed higher transit route from the Pickering GO Station to the Highway 407 transitway; and (iv) extend. Highway 407 easterly to Highway 35/115 in the pre-2031 timeframe, and add a proposed higher order transit route on Highway 407 through Durham Region; That Pickering Council REQUEST that, prior to finalizing the Growth Plan, the Province release a comprehensive package of Greater Golden Horseshoe initiatives including details of the fiscal, regulatory and other tools that will be made available to properly implement the sub-area growth strategies, the Transportation Strategy, and the 10-year Strategic Infrastructure Investment Plan; and That the City Clerk FORWARD a copy of Report PD 12-05 to the Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the Region of Durham, Durham area municipalities, and Wayne ^rthurs, MPP, Pickering-Ajax-Uxbridge. PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: PD 12-05 Date: March 31,2005 From: Neil Carroll Director, Planning & Development Subject: Places to Grow - Better Choices. Brighter Future. Draft Growth Plan for the Greater Golden Horseshoe February 2005 Recommendation: That Pickering Council RECEIVE Report PD 12-05 on the draft Growth Plan for the Greater Golden Horseshoe, prepared by the Ministry of Public Infrastructure Renewal, dated February 2005; That Pickering Council ADVISE the Minister of Public Infrastructure Renewal that it supports: (a) the concept of a growth plan for the Greater Golden Horseshoe; (b) Pickering's inclusion within the 'Greater Toronto Area and Hamilton Sub-area'; and (c) the identification of downtown Pickering as an 'urban growth centre', That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to coordinate the transfer of the Cherrywood Community from the Greenbelt Plan to the Growth Plan under a 'Designated Growth Area' category, consistent with Pickering's approved Growth Management Study; That Pickering Council REQUEST the Minister of Public Infrastructure Renewal to incorporate the following recommended changes into the final Growth Plan for the Greater Golden Horseshoe, such that: (a) upper, lower and single-tier municipalities are engaged as full participants in the preparation of the work program for their respective sub-area growth strategy and that all municipalities be included as members of the sub- area growth strategy working teams in addition to the Province; (b) local municipalities are provided with the authority to determine the way in which intensification is achieved in their respective areas; (c) a meaningful public consultation process to inform and obtain comments from residents and landowners in all pads of each sub-area is included as an integral component of the sub-area growth strategy work program; (d) the content of sub-area growth strategies is refined to focus on the broader cross-boundary issues such as infrastructure, economic development, transit, and urban boundary expansions with less emphasis on rural, agriculture and natural heritage matters; (e) the timeframe for achieving the intensification targets in the Growth Plan is extended from 2015 to a longer timeframe; 4,; Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 2 (f) (g) the employment to population ratio is increased to 50%(one job for every two persons) for Durham Region; the transportation system is revised to: (i) add a proposed higher order transit route along Taunton Road and Kingston Road; (ii) add a proposed higher order transit route on the CP Belleville rail line through Durham Region; (iii) add a proposed higher transit route from the Pickering GO Station to the Highway 407 transitway; and (iv) extend Highway 407 easterly to Highway 35/115 in the pre-2031 timeframe, and add a proposed higher order transit route on Highway 407 through Durham Region; That Pickering Council REQUEST that, prior to finalizing the Growth Plan, the Province release a comprehensive package of Greater Golden Horseshoe initiatives including details of the fiscal, regulatory and other tools that will be made available to properly implement the sub-area growth strategies, the Transportation Strategy, and the 10-year Strategic Infrastructure Investment Plan; and That the City Clerk FORWARD a copy of Report PD 12-05 to the Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the Region of Durham, Durham area municipalities, and Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge. Executive Summary: The Province has released a draft Growth Plan for the Greater Golden Horseshoe following public consultation on its earlier P/aces to Grow - Better Choices. Brighter Future. Discussion Paper. In the draft Growth Plan, growth is directed as infill and redevelopment to built-up areas especially the urban growth centres, such as downtown Pickering. New greenfield development is directed to designated growth areas, such as Seaton. The Province is proposing to support the Growth Plan by investing significantly in public infrastructure, public transit, assuming stronger Provincial authority, and providing new fiscal and regulatory tools for municipalities to implement the Growth Plan. A summary of the draft Growth Plan is provided as Attachment #1 to this Report and the specific provisions of the Growth Plan for Pickering are discussed in Section 1.1 of this Report. Comments have been made on the draft Growth Plan relating to: the shift in responsibility for land use planning matters from municipalities to the province; the need for municipalities to be equal partners in the preparation of the sub-area growth strategies; the need to extend the timeframe from 2015 to a longer timeframe in order to achieve the minimum intensification targets; the need to increase the employment forecast for Durham Region; and the need for further information on possible new fiscal and regulatory tools to implement the Growth Plan. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 3 It is recommended that the Ministry of Public Infrastructure Renewal incorporate Pickering's comments into the final Growth Plan. Further, the Province should release a comprehensive package of all of its Greater Golden Horseshoe initiatives for further consultation, prior to finalizing the Growth Plan. Financial Implications: There are no financial implications to providing comments on the draft Growth Plan. However, significant staff time will be required in order to have meaningful participation in the Provincial process. Background: 1.0 Discussion 1.1 The specific provisions of the Growth Plan relating to employment projections, intensification targets and transportation system components are problematic. A summary of the provincial draft Growth Plan is provided as Attachment #1 to this Report. A full copy of the draft Growth Plan was previously provided under separate cover to members of Council. Specific provisions of the draft Growth Plan for Pickering are identified in the chart below. Comments are also noted. Key issues are discussed in more detail in the remaining sections of this Report. Draft Growth Plan Schedules Schedule 3 (see Attachment #2) indicates an employment forecast of 350,000 jobs for Durham Region at 2031 (36.5% jobs to population ratio). Schedule 4 (see Attachment #3) identifies Downtown Pickering as an 'urban growth centre'. · Schedule 4 shows a built-up area (generally) for south Pickering. · Schedule 4 shows a designated growth area for Pickering (Seaton). Staff Comments · Disagree. A more balanced live-work relationship of one job for every two persons is required for Durham Region, particularly for urban lands within the GTA and Hamilton sub-area (50% jobs to population ratio). · Support identification of downtown Pickering. · Actual limit of centre to be identified in sub-area growth strategy. · Actual limit of built-up area to be identified in sub-area growth strategy. · Support identification of Seaton. Actual limit of growth area to be identified in sub-area growth strategy. · Add the Cherryvvood Community to the 'designated growth area' for Pickering. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 4 Draft Growth Plan Schedules · Schedules 4 and 7 (see Attachment #6) shows the 'draft' greenbelt lands. · Schedule 4 identifies the 'designated non-urban area' in northeast Pickering. · Schedules 5 and 6 (see Attachments #4 & #5) shows the future proposed Pickering airport. · Schedule 5 shows the CP Havelocl~ Railway to Peterborough as a proposed higher order transit to 2031. Schedule 6 shows Highway 407 East of Brock Road as Future Economic / Transport Corridors. Schedule 8 (see Attachment #7) shows Pickering within proposed Sub-area 1 - GTA and Hamilton. Staff Comments · Lands associated with the agricultural assembly, the former Lake Iroquois Shoreline and the East Duffins Creek are within the greenbelt lands; final Growth Plan should include updated Greenbelt Plan map. · Transfer the Cherrywood Community from the Greenbelt Plan to the Growth Plan. · Lands within a 'designated non-urban area' would not be considered for urban purposes until after 2031. · Consistent with the Places to Grow Discussion Paper. · Add a proposed higher order transit route along an easterly extension of Highway 407 before 2031. · Add a proposed higher order transit route along Taunton Road and Kingston Road. · Add CP Belleville Railway as existing higher order transit. · Add a proposed higher transit route from the Pickering GO Station to the Highway 407 transitway. · Clarify that the higher order transit route for the CP Havelock railway is of lesser priority than other transit and transportation projects within Pickering. · Extend Highway 407 corridor easterly to Highway 35/115 and clarify the priority of the 407 extension within the 2031 planning horizon. The Growth Plan downplays the importance of extending Highway 407 through Durham Region. · Support the inclusion of Picketing in the GTA and Hamilton sub-area. · Extensive area consisting in total of 43 municipalities, regions, and conservation authorities. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 5 1.2 1.3 1.4 The provincial Growth Plan and sub-area growth strategies for the Greater Golden Horseshoe create a new higher level planning document to which all municipal official plans will have to conform. The provincial Growth Plan's vision of managing growth and developing stronger transit-supportive communities is generally supported. The preparation of a sub-area growth strategy for the GTA and Hamilton provides an opportunity to directly engage the Province in maximizing infrastructure investments and attracting investment in downtown Pickering, which is recognized as a 'urban growth centre' in the draft Growth Plan document. As well, the 'urban growth centre' designation provides an opportunity to enhance Pickering's downtown as a strategic gateway between Durham Region and Toronto. Previously, the Places to Grow discussion paper identified downtown Pickering as an 'emerging urban centre'. However, the provincial Growth Plan appears to represent a significant shift in responsibility for land use planning matters from local and regional levels to the provincial level. A new tier of plans crossing both local and regional boundaries will be created for each of the sub-areas. The Growth Plan notes that sub-area growth strategies are not intended to duplicate local official plans and policies. However, official plans will be required to conform to the Growth Plan. The Province should ensure that municipalities are equal partners in preparing the work program for their respective sub-area growth strategy and as members of their respective sub-area growth strategy working team. Although the Growth Plan notes that the Province jointly with municipalities will prepare sub-area growth strategies, the municipal role in this process must be strengthened. Local municipalities must be provided with the authority to determine the way in which intensification is to be achieved in their respective areas. To ensure that municipal issues are brought forward for consideration, it is requested that the Province engage municipalities as full participants both in the preparation of a work program for their respective sub-area growth strategy and in the sub-area growth strategy working team. As a minimum, lower-tier municipalities identified as urban growth centres and upper-tier municipalities should be active participants in the Provincial exercise. The sub-area growth strategy should focus on the broader cross-boundary issues instead of detailing local level matters. The growth strategies are intended to be comprehensive in scope addressing a wide range of topics for each sub-area. A more strategic focus on the broader cross-boundary issues such as infrastructure, transportation, economic development, transit and urban boundary expansions is recommended. There should be less emphasis on the agricultural system, rural areas, and mineral aggregate resources outside of urban areas as these matters are more appropriately addressed through local official plans. Without refining the scope of sub-area growth strategies, staff is concerned that the process could take several years from initial inception to approval for the large geographic sub-areas. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 6 1.5 1.6 The timeframe to achieve the minimum intensification requirements in the draft Growth Plan should be extended from 2015 to a more realistic timeframe. The draft Growth Plan requires a phased increase in the amount of residential intensification occurring within existing built-up areas, such that by 2015, 40% of all new residential development occurring annually shall be within today's build-up area. It is our understanding that Durham Region will be responsible for increasing the current intensification target of 20% incrementally until it reaches 40% by 2015 and that all municipalities will be required to meet the 40% target. Considering the high residential growth rates anticipated for Seaton (outside the built-up area) over the next 15 years, a 40% annual intensification rate for Pickering would be hard to achieve by 2015. This means that if we have 2,000 new residential units constructed annually by the year 2015 in Pickering, 40% or 800 units would have be constructed in today's built-up area. Our concern is that there may not be sufficient land and adequate infrastructure within the built-up area to accommodate the 40% intensification target on annual basis. As well, intensification areas are to be generally planned to achieve not less than 200 residents and jobs per net hectare. Staff is concerned that this level of intensity cannot be achieved in such a short time. As an example, the newly constructed OPG building on Brock Road is approximately 16,150m2 (6-storey building) on 4 hectares of land with a projected 750 jobs being accommodated. This translates into 187.5 jobs per hectare, which is below the Growth Plan density. Although infill and intensification within the existing built-up areas is supported, it should be recognized that municipalities can only provide opportunities for higher densities but no landowner can be compelled to develop. Intensification and redevelopment is not a one-time process, but rather an ongoing evolution of a community. A more gradual implementation of the density over 20-30 years, rather than 10 years, would provide a more realistic timeframe for the market to respond with higher density development. The employment forecasts for Durham Region should be increased to achieve jobs to population ratio of one to two rather than one to three, to be consistent across the GTA-Hamilton sub-area. Schedule 3 of the draft Growth Plan indicates an employment forecast of 350,000 jobs (36.5% jobs to population ratio) for Durham Region at 2031. This is lower than the employment forecast presented in the Durham Regional Official Plan Review (423,000 jobs or 40.1% jobs to population ratio for 2031), and less than Durham's current jobs to population ratio target of 50%. A lower employment forecast is not supportive of Durham Region's direction to balance population growth with employment. A more balanced live-work relationship of one job for every two persons is required in Durham Region if it is to achieve the Growth Plan's objective of creating compact, transit-supportive communities that make more efficient use of existing and proposed infrastructure. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 7 1.7 Public consultation should be included as an integral part of the preparation sub-area growth strategies in the Growth Plan. 1.8 1.9 1.10 The preparation of a sub-area growth strategy includes no public consultation process. To ensure that the Province undertakes a meaningful consultation process, it is recommended that the Province enshrine a public process in the Growth Plan to inform and obtain comments from residents in all parts of each sub-area as a component of the sub-area growth strategy process. Details on implement document. fiscal and regulatory tools to support municipal efforts to the draft Growth Plan are lacking in the draft Growth Plan Details on fiscal and regulatory tools referenced in the original Discussion Paper, are not provided in the draft Growth Plan. A representative of the Ministry of Public Infrastructure Renewal has advised that information relating to a wide variety of fiscal tools that may be used to implement the Growth Plan is currently being prepared but these tools will not be finalized prior to the Growth Plan being approved. An appropriate financial toolbox is essential to enable implementation of the Growth Plan in municipalities and to assist the public in making appropriate housing choices. It is essential that the Province provide further information on these fiscal and regulatory implementation tools for municipal review and comment, prior to finalizing the Growth Plan. More information on the role and structure of the Greater Toronto Transportation Authority (GTTA) is required. No details are provided on the role and structure of the previously announced establishment of a Greater Toronto Transportation Authority (GTTA) with sub-area growth plans, provincial funding ministries and municipal transit operators. Although there is merit in provincial coordination of broader transit planning and funding, the Province is requested to provide further information on the GTTA's relationship to local transit providers. Staff will continue to monitor the Growth Plan and advise Council of significant events or information. Staff will follow-up with the Province respecting Council's comments on the Plan, and will advise Council of significant matters about the final Growth Plan. Report PD 12-05 Subject: Draft Growth Plan for the Greater Golden Horseshoe Date: March 31,2005 Page 8 ATTACHMENTS: 4. 5. 6. 7. Summary of the draft Growth Plan Schedule 3 - Distribution of Population, Households and Employment in the Greater Golden Horseshoe 2001-2031 Schedule 4 - Urban Growth Centres Schedule 5 - Moving People Schedule 6 - Moving Goods Schedule 7 - Draft Greenbelt Plan Schedule 8 - Proposed Sub-area Concept Prepared By: Approved / Endorsed By: Grant McGregor, MCJP, ¢tPP Principal Planner- Policy Catherine Rose, MCIP, RPP Manager, Policy N e~'~i Carro~PP Director, Planning & Development GM:Id Attachments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer Division Head, Corporate Projects & Policy pR~cCk°e~ m e n d e~"'f-'~ e ~°~nng~~.~ of /~h. omas J. Quinr~(3hie¢ ~:.~jZfinistrative Officer ATTACHMENT# 1 TO REPORT # PD 12-05 Summary of the Draft Growth Plan for the Greater Golden Horseshoe February 2005 Introduction · The draft Growth Plan contains a set of policies for managing growth and development to 2031. The Plan should also be considered in conjunction with other provincial plans, including the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan, and the Greenbelt Plan. · The Growth Plan provides more detailed strategies and policy directions that: · direct growth to built-up areas where the capacity exists to accommodate the expected population, household and employment growth; · promote transit-supportive densities and a healthy mix of residential and employment land uses; · identify and supports a transportation network that links urban centres through an extensive multi-modal transportation system anchored by efficient public transit and highway systems for moving people and goods; · ensure sustainable water and wastewater services are available to support future growth; · identify a natural system and an agricultural system, and enhance the conservation of these resources and connect with the Greenbelt Plan; and · coordinate inter-municipal planning for sub-area issues such as urban structure, economic development, resource management, infrastructure requirements and environmental protection. · The Growth Plan includes Schedules that identify: · urban growth centres and settlement areas - where growth will be directed; · a transportation network - for moving people and goods and connecting urban growth centres; and · the proposed Greenbelt, which is protected from development. There 1. 2. 3. 4. 5. are five main topic areas in the Draft Growth Plan: Where and How to Grow Infrastructure to Support Growth Protecting What is Valuable Sub-area Growth Strategies Implementation and a Provincial Multi-Year Infrastructure Strategy 1. Where and How to Grow This section promotes efficient land use by directing growth away from greenfields and into urban growth centres, brownfield sites, greyfields, intensification corridors and other areas with excess infrastructure capacity. Intensification and re-urbanization will improve opportunities to balance employment and residential uses; make transit, walking and cycling options convenient; and maximize the use of existing infrastructure capacity. The polices and strategies include: ATTACHMENT# 1 TO REPORT # PD 12-05 Summary of the Draft Growth Plan Page 2 · population, household and employment growth forecasts as the basis for the Growth Plan, which will also be used to update official plans and any related municipal growth studies; · all municipalities will establish policies and strategies to facilitate and promote intensification within their built-up areas; · upper-tier municipalities will plan for a phased increase in the yearly percentage of intensification, such that by the year 2015 a minimum of 40 percent of all residential development occurring annually will be within built-up areas; · intensification areas such as urban growth centres and intensification corridors will provide a focus for development to accommodate growth; · intensification areas will generally be planned to achieve a density of development not less than 200 residents and jobs per hectare. · municipalities will establish policies in their official plans to implement appropriate intensification targets and a range and mix of housing types including minimum affordable housing targets; · urban growth centres and intensification corridors will be planned to attract a significant portion of growth, to have a diverse mix of land uses, to serve as major employment centres, and to accommodate employment activities; · urban growth centres will also be planned to serve as regional transit hubs and as focal areas for investment in cultural, institutional, recreational, entertainment and regional-level public infrastructure; · municipalities may permit conversion of lands within employment areas to non-employment uses or major retail uses only through a comprehensive review; · municipalities are encourage to designate and preserve lands in the immediate vicinity of existing major highways, railyards and international airports as areas for manufacturing, warehousing, and associated retail, office and ancillary facilities; · major office development will be located in areas where higher order transit services exist or are planned; · the gross density of development in designated growth areas will generally not be less than 50 residents and jobs per hectare; · new development must be designed in a manner that encourages street configurations that support early integration of transit services and encourage easy access to stores and services by alternate transportation modes including cycling and walking; · sub-area growth strategies will assess the need for and phasing of the amount of designated growth areas within a municipality; and · settlement area expansions will generally not be permitted prior to the completion of a sub-area growth strategy. ATTACHMENT # 1_~._ TO REPORT # PD 12-05 Summary of the Draft Growth Plan Page 3 = = Infrastructure to Support Growth This section provides the framework for infrastructure investment that will support and emphasize compact urban form; identify, optimize and expand the capacity of existing infrastructure, establish a more integrated transportation network; and coordinate long-range infrastructure plans across the GGH. As well, the Province is promoting the integration of land use and transportation within the GGH by facilitating residential and employment intensification through transit-supportive development within intensification areas; promoting intensification generally throughout the urban areas; requiring greenfield development to be transit supportive in both form and densities; and restricting development within non-growth areas. The efficient movement of people and goods will be accomplished by: · expanding service areas and facilitating improved linkages to urban growth centres within and between sub-areas; · making transit the first priority for investment to meet the Growth Plan's objectives of increasing transit ridership, managing congestion, reducing commuting time, improving levels of transit service, and providing alternative transportation choices; · requiring municipalities to establish polices to ensure that pedestrian and bicycle networks are integrated into community design; · requiring municipalities to establish priority truck routes to facilitate the movement of goods into and out of areas of significant activity; and · requiring municipalities to ensure that land-use activities along or in the vicinity of inter-modal facilities, truck routes, railway corridors, etc. are compatible with the movement of goods. Protectinq What is Valuable This section provides the framework for directing growth pressures away from the places and systems we need to protect such as natural and agricultural systems, rural areas, mineral aggregate resources and cultural heritage resources. The Plan builds on other provincial initiatives such as the PPS, the Greenbelt Plan, planning reform, and the Ontario Heritage Act reform. · the natural system of the GGH will be identified and mapped in conjunction with municipalities, conservation authorities and other affected stakeholders; · the natural system will be incorporated into municipal official plans; · the expansion of a settlement area boundary will not be permitted in the natural system; · the agricultural system of the GGH will be identified and mapped in conjunction with municipalities and other affected stakeholders; · the agricultural system will be incorporated into municipal official plans; · municipalities are encouraged to maintain, improve and provide opportunities for farm-related infrastructure; ATTACHMENT# 1 TO REPORT# PD '12-05 ._ Summary of the Draft Growth Plan Page 4 · a long-term strategy for mineral resource management will be developed in conjunction with municipalities and other stakeholders in the GGH; · energy and water demand management initiatives that reduce consumption and improve resource use efficiency and review the design of new urban developments in the context of managing the total urban water cycle are encouraged to be developed; · sustainable energy and air quality management plans that include energy conservation strategies are encouraged to be developed; and · municipal cultural heritage plans, heritage citizen committees, and plans that conserve significant cultural heritage resources are encouraged to be developed. Sub-Area Growth Strateqies This section provides details for implementing the general policies of the Growth Plan through sub-area growth strategies. The Province, together with municipalities, will address the specific needs of each sub-area. There are five distinct sub-areas in the GGH. · the elements of a sub-area growth strategy will: · refine population, household and employment allocations to upper and single-tier municipalities; · distribute population, household and employment growth to all municipalities; · identify intensification areas to accommodate more compact growth; · establish intensification targets for each municipality; · establish built boundaries within each municipality; · establish affordable housing targets for the whole sub-area; · complete a sub-area economic analysis and infrastructure planning needs assessment; · determine the phasing of expansions to designated growth areas and/or settlement areas; · review transportation requirements and transportation demand management plans to service the forecasted growth; · review water supply, wastewater treatment and solid waste disposal capacities; · identify and delineate natural and agricultural systems and protection measures; and · establish waste diversion targets; · each sub-area growth strategy will be approved by the Minister of Public infrastructure Renewal and incorporated as an amendment to the Growth Plan. ATTACHMENT# 1 TO REPORT # PD 12-05 Summary of the Draft Growth Plan Page 5 Implementation and a Provincial Multi-Year Infrastructure Strategy This section provides the mechanisms to ensure that effective implementation of the Growth Plan takes place. Key mechanisms include providing a legislative framework - the proposed Places to Grow Act, 2004, an appropriate range of tools, and monitoring and review. The Province will also develop infrastructure plans, including asset management strategies that will prioritize infrastructure investments and set out a comprehensive plan for delivering infrastructure priorities. · Municipal official plans must be amended to conform to the Growth Plan. · Decisions under the Planning Act or the Condominium Act or other acts must conform to the Growth Plan. · Only the Minister of Public Infrastructure Renewal can initiate an amendment to the Growth Plan. · The Growth Plan including the sub-area growth strategies will be reviewed by the Province at least every 10 years. · A set of indicators will be developed by the Province to measure the implementation of the targets and policies of the Growth Plan. · A 10-year infrastructure strategy will be developed by the Province to ensure that future infrastructure investments support provincial priorities, including growth and development in the GGH. ATTACHMENT# 2 TO REPORT # PD '12-05 DISTRIBUTION OF POPULATIDN, HOUSEHOLDS AND EMPLOYMENT FOR THE GREATER GOLDEN HORSESHOE 2001-2031 (fkures iD OI3Os) POPULATION HOUSEHOLDS EMPLOYMENT 2001 201 2021 2031 2001 2011 2021 2031 2001 2011 2021 2031 CityofToronto 2,590 2,760 2,930 3,080 940 ],070 1,]80 t,270 ],440 1,540 ],600 ],640 Region of Peel ],030 ],320 ],490 1,640 3]0 410 480 540 530 730 820 870 Region orYork 760 ],060 ],300 1,500 220 330 420 500 390 590 700 780 Region or Durham 530 660 8]0 960 ]70 230 290 350 ]90 260 3t0 350 Region or Halton 390 520 650 780 ]30 ]90 240 300 190 280 340 390 City or Ha milton 5]0 540 590 660 ]90 2]0 240 270 2]0 230 270 300 GTAHTOTAL 5,810 6,860 7,770 8,620 1,960 2,440 2,850 3,230 2,950 3,630 4,040 4,330 County oi~ Northumberland 80 87 93 96 30 1 34 39; 42 29 32 33 33 County of Peterborough* ]3] ]37 144 149 50 55 6] 64 54 59 60 60 City of Kawartha Lakes 72 80 9] ]00 27 3] 37 43 20 23 25 27 Haldimand County 46 49 53 56 16 ]8 2] 23 17 19 19 20 Region of Niagara 427 442 474 511 ]62 ]79 200 2]8 ]86 20] 209 2]8 County of Brant* ]29 ]4] ]57 173 45 52 60 67 55 62 67 7] Region of Waterloo 456 526 623 729 ]6] 200 244 289 236 282 324 366 County of Wellington * ]95 223 269 32] 68 85 ]06 ]28 99 ]]7 ]37 ]58 Count~ of Dufferin 53 62 7] 80 ]7 2] 26 29 ]9 22 25 27 County of Simcoe* 392 484 583 667 ]37 177 223 260 ]53 ]97 230 254 OUTER RING TOTAL** 1,980 2,230 2,560 2,880 710' 850 1,020 1,160 870 1,010 1,130 1,240 TOTAL GGH** 7,790 9,090 10,330 11,500 2,680 3,290 3,870 4,390 3,810 4,640 5,170 5,560 ~Jo~e.' H~son Cons~Mng Ltd., "The Gm~ OudookJ~r ~ Gr~r G~l&n Hors~s~od', f~ 2005 No~e.' Nu~s m~ded ~to neares~ 10, O00~r G~H ~iei~ah'~'~ ~d n~ar~t 1,000~r o~ ting ~idpah~'~. * Includes tingle a~r m~iet~alid~ ~at ~e located geogrqhically ~in eo~ e.g. &~coe Coun~reeaa~ includes Ciq ~B~ ~d Ci~ ffOnTh'a ~ Torah mq not Md ~ due to roundin~ ATTACHMENT #3 TO REPORT # PD 12-05 Downtow~ Barri~ ~)c~nto~n ~e~borough ~rough Centre Downto ! Centze City Cerrb'e Ca mbrid g, )o~nte~n Burlington Legend O Urban Growth Omtres ~l~ Built-Up Ar~ Draf~ GreenbeE Plan Oonceptual { not to scale) ~ Concept ua I { not to ~ala) Designated Growth Area Greater Golden Cenceptual {rd~ to ~cale) Horseshoe St~d~ Sources; Hini~ry of Public Inf~struc~re Renewal, Mini~tr~ of Natural Resources and Flini~t~/of Municipal ,egfeir~ and HoLding. 2.0 10 O 20 40 I(~ ~k I I I I I I I I. ATTACHMENT #_~_4 TO REPORT # PD 12-05 _ t I I La{end 0 Urban Growth C~nt~es ~ EXi~dng Hi~herOrder Tren$[ (~ [nternaUonal Airpor'~ ~-- Propcc~ed Higher Order Transit: h~ ~11~ Built-Up ~ea Draft Greanbait Plan ~ncep~al { not to scala) ~11 Cona~t~a} {no~ to ~cale) Designated Grown Area Grea~r Golden CenceptLal { no~ to ,ca~e) Horseshoa study Area 5ources; r4inist~ of Public Inffastrucb;re Renewal, Mini~tr~ of Transportation, Hinisfly of Natural Eesourcesand Minb-tryof Hunicipa[ Affairs and Housincj, ~0 10 0 2.0 '~ tN m I } I f I ATTACHMENT #~5 TO REPORT# PD 12-05 _ 401 to Quebec/U.S. end Urban Growth Cen~'e~ · [ntermodal Hubs Pro~ Interm~al Gat~y ~mic Zo~ O Hubs Fu~re ~o~m ~Tre~po~ ~rrid~ - ~ml {~to ~) I=~ ~rder Cr~i~s E~ing Major H~h~ ~ Inter~tbnal Air~ High~g ~e~io~ ~ Pro~ Rirpo~ 1 Built-Up Area Conceptual { rot to sca lc) ~ Draft Greenbe~ Plan ~nceptual {rot to scal.) Oeai~nated Growt~ Area Greater Golden Conceptual (not to scab) Horseshoe $flJdy Area 5ource~; Minbt~/of: Public [r~a~ruct~re Renewal, Ministry of Trar~portat~on, Ministr/of Natural R~ourcea and Min~ryof Municipal Affair~ and H~using, ~,0 0 20 40 I~1 ATTACHMENT #~6 TO REPORT # PD 12-05 ATTACHMENT #7_Z_ TO REPORT# PD 12-05 West of Proposed' ~ Greenbelt north of ~ Proposed * 5 Greenbelt ~,,~ East of Durham Niagara Peninsula Legend C) UrbanC;rowthC, entres mi i Propc~,edSub-areas 1Bu~t-Up Area Draft Greenbelt Plan Conceptual {notto~.~) ~1~ Co~ptual {notion. ale) Designafl~l Grog/ch Area Greater Golden Conceptual {not to scale) Horseshoe study Area 5ources; Hbi~P/'of Public Tnfra~tructure I~newa~ Minbtp/of Natural Resources and Ministry of Hunicipal Affairs and Housing. RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That By-laws be enacted to: 1) Dedicate Block 73, Plan 40M-1414 as public highway; and 2) Dedicate Block 26, Plan 40M-1423 as public highway; and 3) Assume roads and services within Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except from Blocks 22, 23 and 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Plan 40M-2017 (save and except from Block 12); and 4) Amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017; and 5) Authorize the release and removal of the Subdivision Agreements from title relating to Plan 40M-1413 (save and except Block 107), Plan 40M-1414, Plan 40M-1423, Plan 40M-1637 (save and except Lot 13) and Plan 40M-2017. REPORT TO EXECUTIVE COMMITTEE Report Number: PD 13-05 Date: March 29, 2005 From: Nell Carroll Director, Planning & Development Subject: Rougecrest Construction Inc. Plan of Subdivision 40M-1413 Rougecrest Construction Inc. Plan of Subdivision 40M-1414 Security Benron Developments Inc. Plan of Subdivision 40M-1423 Garthwood Homes Limited Plan of Subdivision 40M-1637 Marshall Homes (Altona) Limited Plan of Subdivision 40M-2017 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: dedicate Block 73, Plan 40M-1414 as public highway; dedicate Block 26, Plan 40M-1423 as public highway; assume roads and services within Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except from Blocks 22, 23 and 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Plan 40M-2017 (save and except from Block 12); amend By-law 1416/82 (Places of Amusement)to include the roads within Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017; and authorize the release and removal of the Subdivision Agreements from title relating to Plan 40M-1413 (save and except Block 107), Plan 40M-1414, Plan 40M-1423, Plan 40M-1637 (save and except Lot 13) and Plan 40M-2017. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Report PD 13-05 Date: March 29, 2005 Subject: Final Assumption of Plans of Subdivision Page 2 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017 Financial Implications: There are no new financial implications to the City as a result of this recommendation. Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws dedicating certain reserves/blocks as public highways, assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement, and authorizing the release and removal of the Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: o dedicate Block 73, Plan 40M-1414 as public highway; dedicate Block 26, Plan 40M-1423 as public highway; assume roads and services within Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except from Blocks 22, 23 and 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Plan 40M-2017 (save and except from Block 12); amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017; and authorize the release and removal of the Subdivision Agreements from title relating to Plan 40M-1413 (save and except Block 107), Plan 40M-1414, Plan 40M-1423, Plan 40M-1637 (save and except Lot 13) and Plan 40M-2017. Attachments: 4. 5. 6. 7. 8. Location Map - Plan 40M-1413 Location Map - Plan 40M-1414 Location Map - Plan 40M-1423 Location Map - Plan 40M-1637 Location Map - Plan 40M-2017 By-law to dedicate Block 73, PLan 40M-1414 as public highway By-law to dedicate Block 26, Plan 40M-1423 as public highway By-law assume roads and services within Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except from Blocks 22, 23 and 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Pfan 40M-2017 (save and except from Block !2) Report PD t3-05 Date: Subject: Final Assumption of Plans of Subdivision 40M-1413, 40M-1414, 40M-1423, 40M-1657 and 40M-2017 March 29, 2005 Page 3 o 10. 11. 12. 13. 14. By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1413 (save and except Block 107) By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1414 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1423 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1637 (save and except Lot 13) By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-2017 Prepared By: Denise By-e,/~oordinator Property & Development Services DB:vd AttaChments Copy: Chief Administrative Officer (Acting) Chief Administrative Officer ~'l-homas J. f~ru-~nn, Chief Administrative Officer Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk Approved / Endorsed By: Neil'Carroll, I~Ci~'RP~F:' '' Director, Plan'~ Development ~TTACHIVIENT # I ,, TO McBRADY ALPINE LANE CRESCENT ROAD o SUBJECT SUBDIVlSI( DRIVE FINCH AVENUE City of ~lck~nng PJannlng & Development Department PROPER"rS/DESCRIPTION PLAN OF SUBDIViSiON, 40M-1413 OWNER VARIOUS DATE FEB. 21, 2005 i DRAWN BY JB '""~'"- FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DB TTAuHMENT # REPORT # PD "-;'"'Y' ..(~xx~c"~ ~ ~ ~~~UBJEOT ~ ALPINE ~NE ~ / ~r ~ / / /~ ~ ~~~= ~ ~ ~ ROAD Cit' of Pi .= · · i ~ ''~ ~ ~ ~ ~ I / ~ ~ />X''~Y ~ // y ' OK~nng Planning & Development Depa~ment FILE No. SUBDIV SION COMPLETION AND ASSUMPT ~k~ ~ _ ATTACHMENT # ~ TO REPOR'I # PD J ~--O.LT, HYDt o ~ r ~ ~¢~ ~¢7 %.. ROSEFIELD ROAD ~ Qty of P~ckenng Planning & Development Depa~ment PROPER~ DESCRIPTION PLAN OF SUBDIVISION, 40M-1423 ~ OWNER VARIOUS,~ DATE FEB. 21,2005 ~ DRAWNBY ~B ~ ~o~oFILEs No.: ~ SUBDIVISION COMPLETION AND ASSUMPTION. ~ SCALE 1:5000 ~. CHECKED BY DB ~ AC HYDRo FINCH AVENU ~ ~ ~ '"' ~ I' ---- ANTON SQUARE~~J~ '~ ~~'~ , -- - FIELDLIGHT ~ ~ "~' '* _ 0 ,. ~ , ~ "~'- City of Pickering Planning & Development Depa~menl PROPER~ DESCRIPTION PLAN OF SUBDIVISION, 40~-!63T OWNER VARIOUS j DATE FEB. 21,2005 J DRAWN BY FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 ~ CHECKED BY BB ,,, t" i i ~] {'-! i 1 ' ~ ' , , , ~' ~urm~vAL~ ROAD City of Pickering ~lann'ing &'~e~el°Pment Depa~me'nt PROPERS,' DESCRIPTIO~ ~LAN OF SUBdIViSION: 1 OWNER VARIOUS [ DATE FEB. 24, 2005 ~ DRAWN BY JB FiLE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE ~:5000 ~ CHECKED BY DB 6:) THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Block 73, Plan 40M-1414, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 73, Plan 40M-1414, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Block 73, Plan 40M~1414, Pickering is hereby dedicated as public highway (Hollyhedge Drive). BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Block 26, Plan 40M-1423, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 26, Plan 40M-1423, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 26, Plan 40M-1423, Pickering is hereby dedicated as public highway (Ferncliff Circle). BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads as public highways and the services within Plan 40M-1413 (save and except Block 107), Plan 40M-1414 Plan 40M-1423, Plan 40M-1637 (save and except Lot 13 and Blocks 20, 21 and 22) and 40M-2017, under the jurisdiction of the City of Picketing. 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 City of Pickering has jurisdiction over the roads shown on Plans 40M-1413, 40M-1414, 40M-1423, 40M-1637 and 40M-2017 and pursuant to the MunicipalAct, S.O. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it and 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 required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except Blocks 22, 23, 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Plan 40M-2017 (save and except Block 12), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-1413 (save and except from Block 107), Plan 40M-1414, Plan 40M-1423 (save and except Blocks 22, 23, 24), Plan 40M-1637 (save and except from Lot 13 and Blocks 20, 21 and 22) and Plan 40M-2017 (save and except Block 12), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Beaton Way and Duberry Drive, 40M-1413 · Hollyhedge Drive, Melman Street and Theoden Court, 40M-1414 · Ferncliff Circle, Forest Park Drive and Parkdale Street, 40M-1423 · Cottonwood Circle; 40M-1637 " Rouge Hill Coun:, 40M-2017 BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk ~Ei:~©Rt' # PD~~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Picketing enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) (d) (e) Beaton Way and Duberry Drive, Plan 40M-1413; Hollyhedge Drive, Melman Street and Theoden Court, Plan 40M-1414; Ferncliff Circle, Forest Park Drive and Parkdale Street, Plan 40M-1423; Cottonwood Circle, Plan 40M-1637; and Rouge Hill Court, Plan 40M-2017, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1413 (save and except Block 107), Pickering. 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 Rougecrest Construction Inc. entered into a Subdivision Agreement dated May 21, 1985, Notice of which was registered as Instrument No. LT293063 and which Agreement was amended on June 2, 1986 as Instrument No. LT293064, respecting the development of Plan 40M-1413, Picketing; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated May 21, 1985, Notice of which was registered as Instrument No. LT293063, save and except from Block 107; and (b) the amending Subdivision Agreement dated June 2, 1986, Notice of which was registered as Instrument No. LT293064, save and except from Block 107, between Rougecrest Construction Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1413, Pickering. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1414, Pickering. WHEREAS pursuant to the .Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Picketing and Rougecrest Construction Inc. entered into a Subdivision Agreement dated June 2, 1986, Notice of which was registered as instrument No. LT293060 and which agreement was amended on June 5, 1989 as Instrument No. LT508691, respecting the development of Plan 40M-1414, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated June 2, 1986, Notice of which was registered as Instrument No. LT293060; and (b) the Amending Subdivision Agreement dated June 5, 1989, Notice of which was registered as Instrument No. LT508691, between Rougecrest Construction Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1414, Pickering. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1423,. Picketing. 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 Security-Benron Developments Inc. entered into a Subdivision Agreement dated March 17, 1986, Notice of which was registered as Instrument No. LT287452 and which Agreement was amended by Garthwood Homes Limited on September 18, 1989, Notice of which was registered as Instrument No. LT468332, respecting the development of Block 21, Plan 40M-1423, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated March 17, 1986, Notice of which was registered as Instrument No. LT287452; and (b) the amending Subdivision Agreement dated September 18, 1989, Notice of which was registered as Instrument No. LT468332, between Security-Benron Developments Inc./Garthwood Homes Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1423, Pickering. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1637 (save and except Lot 13) 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 Garthwood Homes Limited entered into a Subdivision Agreement dated August 8, 1989, Notice of which was registered as Instrument No. LT504691, respecting the development of Plan 40M-1637, 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 (save and except from Lot 13) from title dated August 8, 1989, Notice of which was registered as Instrument No. LT504691 between Garthwood Homes Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1637, Pickering. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PIC~ERIN~ BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-2017, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Marshall Homes (Altona) Limited entered into a Subdivision Agreement dated July 14, 2000, Notice of which was registered as Instrument No. LT1004595, respecting the development of Plan 40M-2017, 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 July 14, 2000, Notice of which was registered as Instrument No. LT1004595 between Marshall Homes (Altona) Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-2017, Pickering. BY-LAW read a first, second and third time and finally passed this 11t~ day of April, 2005. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY 1. That Report CS 28-05 regarding an application for a variance from the Sign By-law submitted by John Byberg, be received; and IF COUNCIL WISHES TO RESCIND ITS EARLIER REFUSAL OF THIS APPLICATION AND NOW APPROVE IT, THE FOLLOWING RESOLUTION SHOULD BE PASSED. 2. That Resolution #169/03, Item #1, passed on December 5, 2003 to refuse an application submitted by John Byberg for a variance to the Sign By-law to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road, be rescinded; and 3. That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road, be approved. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 28-05 Date: March 24, 2005 F rom: Bruce Taylor, AMCT, CMM City Clerk Subject: Application for Variance from the Sign By-law Submitted by John Byberg Recommendation: That Report CS 28-05 regarding an application for a variance from the Sign By- law submitted by John Byberg be received. IF COUNCIL WISHES TO RESCIND ITS EARLIER REFUSAL OF THIS APPLICATION AND NOW APPROVE IT, THE FOLLOWING RESOLUTION SHOULD BE PASSED: That Resolution #169/03, Item #1, passed on December 15, 2003 to refuse an application submitted by John Byberg for a variance to the Sign By-law to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road be rescinded. That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road be approved. Executive Summary: John Byberg has requested Council to again consider his application for a various to the Sign By-law to allow a billboard sign on the south side of Highway #7 immediately west of the east intersection of the east intersection of Highway #7 and Concession 6 Road. Report CS 28-05 Application for Variance from Sign By-law March 24, 2005 Page 2 ?7 Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of December 15, 2003: That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439~87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE REFUSED. Attached is a copy of Clerk's Report CL 29-03 that Council considered in conjunction with the above resolution. John Byberg addressed Council at its meeting of March 21, 2005 and asked that his application dated November 3, 2003 be reconsidered. As noted in my earlier Report, the following are the facts of this application: · The proposed sign is three metres high and five metres wide and will be mounted three metres above the ground. · The proposed sign will be erected on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road. A map of the location is included in my earlier Report. · Billboard signs are prohibited in agricultural and residential areas. · Billboard signs are defined in the Sign By-law as any sign used to advertise a business, product or service not necessarily found or sold on the premises on which it is located. · The proposed sign is considered a billboard because it is advertising a business that is located in the hamlet of Brooklin. If Council wishes to uphold the refusal of the application, it should just receive this Report. If Council wish to overturn its refusal and approve the application, it should rescind the resolution passed in 2003 to refuse the application and pass a further resolution to approve the appiication. CORP0227-07/01 Report CS 28-05 Application for Variance from Sign By-law March 24, 2005 Page 3 Attachments' 1. Clerk's Report CL 29-03 Prepared By: Bu'c~e Taylor ' City Clerk Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachment Copy: Chief Administrative Officer Recomm6nded ~r tl~e consideration of .ic e, in ,Th~ministrative Officer 0ORP0227-07/01 I EPORT TO COMMITTEE OF TH£ I-iOL£ Report Number: CL 29-03 Date: November 5, 2003 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Application for Variance from the Sign By-law Recommendation: That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE APPROVED, OR That the application dated November 3, 2003 submitted by John Byberg for a variance to By-law 2439/87 (Signs) to permit a billboard sign on the south side of Highway #7 immediately west of the east intersection of Highway #7 and Concession 6 Road BE REFUSED, Executive Summary: An application for a minor variance from the Sign By-law has been submitted by John Byberg to allow a billboard sign on the south side of Highway #7 in the hamlet of Greenwood. Financial implications: Not applicable Report CL 29-03 ~:~TTACHMENT #__~/_TO P, EPOi~T # ~_~._-,~.~'-November 5, 2003 Application for Variance from the Sign By-law Page 2 Background: Please be advised that John Byberg, as the owner of the Pepperberdes Bistro, applied for a permit to erect a billboard sign on the south side of Highway #7, immediately to the west of the east intersection of Highway #7 and Concession 6 Road. The proposed sign is three metres high and five metres wide and will be mounted three metres aboVe the ground. Billboard signs are defined in By-law 2439/87 (Signs) as any sign used to advertise a business, product or service not necessarily found or sold on the premises on which it is. located. This sign proposed by John Byberg is considered a billboard because it is advertising a business that is located in the hamlet of Brooklin. Also, billboards are only allowed in commercial, mixed commercial and industrial areas. The Sign By-law specifically prohibits billboards in agricultural and residential areas which is where the sign is purported to be located. Staff are not able to approve this Sign Permit Application because the Sign By-law prohibits billboards in agricultural and residential areas. However, Section 99(5) of the Municipal Act states: The municipality may authorize minor variances from the by-law (sign by- law) if in the opinion of the municipality, the general intent and purpose of the by-law are maintained. I have attached for your information the following documentation: An E-Mail dated November 3, 2003 from John Byberg submitting an application for a variance from the Sign By-law. A copy of the design of the proposed billboard sign showing the message that will be on each side of the sign. 3. A map showing the location of the proposed billboard sign. Attachments: An E-Mail dated November 3, 2003 from John Byberg submitting an application for a vadance from the Sign By-law. A copy of the design of the proposed billboard sign showing the message that will be on each side of the sign. A map showing the location of the proposed billboard sign. Report CL 29-03 November 5, 2003 Application for Variance from the Sign By-law Page 3 Bruce Taylor City Clerk Attachments Recommended for the consideration of Pickering City Council Tho~ J. Qui~, Chid Adm~ative J~fficer ,,Ta~,lor, Bruce From: Sent: To: Subject: JOhn Byberg [johnbyberg@look. ca] November 3, 2003 11:01 AM Taylor, Bruce Appeal of Sign Application Dear Bruce, My name is John Byberg and I own Pepperberries Bistro, a fine dining establishment in Brooklin. I have applied for a sign to be put on Mr. Lees property east of Greenwood, and I have been turned down from the city of Pickering. MTO is on side with the signage. Mr Lee has agreed to the'sign as well. There are other large fully lit billboard signs on the Kings Highway. One near the Paddock garage, and another on Dutchmasters land east of Greenwood. Another is just west of Hwy 23 which has been put up within the last 4 years. My sign will be well maintained as our restaurant has a standard to uphold. Thanks Very Much for your consideration on this matter. John Byberg Catering, To/ce. oo~ i<;fro lOkm ahead in Brooklin West Side '10' x 16' CreZon Plywood What are you doing for Dinner? East Side 10' x 16' Crezon Plywood RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 29-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. REPORT TO EXECUTIVE COMMITTEE Report Number: CS 29-05 Date: March 29, 2005 From: Bruce Taylor City Clerk Subject: Appointment to enforce the Parking By-law at 1822 Whites Road. Recommendation: That Report CS 29-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Not Applicable Financial Implications: None Background: Correspondence has been received from P.R.O. Security, requesting the appointment of persons as By-law Enforcement Officers for the purpose of enforcing the Parking By-law at !822 Whites Road. Attachments: Correspondence from P.R.O. Security Draft By-law Report CS 29-05 Subject: Appointment of By-law Enforcement Officers Date: March 29,2005 Page 2 Prepared By: Debbie Watrous Committee Coordinator BT:dw Attachments Approved By: Bruc~ Taylor, City Clerk Approved/Endorsed By: Gillis A. Paterson, Director, Corporate Services & Treasurer Recom m end_..ed_f.o~ Picker~~ ~'~. Qdi~ C,h~f~,d _minis/trative tion of Officer RR.O Security 159 King Street Petemorouah, Ont KgJ 2R8 705-749-6944 phone 705-749~3423 fax 705-750-5073 Cell 1-866-887-3334 T~I Fm I ATTACHMENT # Fax Transmittal Form Bill Name: CC: Phone: Fax: City Of Picketing Clerks Offlc~ Debble watress 9O5-420-968,5 From: Bill Hanna Data Sent: Maro~ 24/2005 Number of Pages: 4 inclusive Messaga: Dear Mrs. Watress Our company has been contracted by Valaint Property Management to provide parking bylaw for 1822 Whites Road In Piekering known as the Amberlea Center, Here is a list of Licensed Security Officers that we wish to go to council for approval. Also could you kindly let me know if there is any cost involved as well as any other paper work that you may need from Pm Security. Best Regards Bill Hanna Pm Security Email billhannaaOaol.com Ontario Name and I. oo~tlon of Ucer~ee: Nora et adre~e de ~ur ~ ~ ~: ~nt qu'~ ~ ~ ~t ~ I'~p~ ~ted in: ~M li~ expl~ ~n; ~ ~is ~Mre la: Da~ Juu~: Dab dB LICENCE I PERMIS ' Licence No. Portals N° luued Under The Private Investlgator~ and Security Guards Act D611vr6 on vortu de ia Lot sur les enqu6teurs priv~s et le~ gardiens ALEXANDER, MATTHEW A. J, / WHITBY SECURITY GUARD P,R.O. SECURITY & INVESTIGATION AGENCY INC. PETERBOROUGH DECEMBER 31, 2005 MARCH 17, 2005 $30.00 044571 Regletrar / Registrateur -ELIZ- I:~m PISG 4(Riv. ( LICENCE I PERMIS LIcenoe NO, Perrnis NO Ontario Name and Location of Nora et adresse de I'auteur de la demaflde: i~ Ucen~d est autori~(e) & film da: whlb employed by: tent. qu'll GU etle e~t ~ I'amploi de: I~.aMd I~: altuS: Thh Ilcance explre~ on: Ce peru, tlS explre le: Date l~ued: Date de d~livrance: Fee palO: Droits acqultt~s: Issued Under The Private Investigators and Security Guards Act D61iv~ en vertu de la Lol sur les enqueteurs priv~s et les gardiens STAINTON, CLINTON ROBERT / BOWMANVlLLE SECURITY GUARD P.R.O. SECURITY & INVESTIGATION AGENCY INC. PETERBOROUGH DECEMBER 31, 2005 MARCH 17, 2005 $30.00 041147 Registrar / Regi~(iateur Ontario Name and Lo~atiort of Licermee; Nam et adresae de I'au~r ~ ~ ~ U~ ~ a: ~e em~d by: ~ In: Ce ~ expiM ~; F~ ~: D~ LICENCE I PERMIS Licence No. Pennis N° Issued Under The Private Investigators and Security Guards Act D~livrf~ en vertu de la Lei sur les enqueteurs prlves et les gardiens EA$SON, ALLAN JOHN / OSHAWA SECURITY GUARD P.R.O. SECURITY & INVESTIGATION AGENCY INC. PETERBOROUGH DECEMBER 31, 2005 'MARCH 17, 2005 $30,00 043996 Registrar / Regtstrateur -ELIZ- I:o¢m PI8G 4(R~v. Ontario Name and Location of Nam et adre. sae do I'auteut de la o~,nande: la U~en~ed ag a: est autoris~(e) a llEe de: while employed by: tent qu'il au elm e~t a located In: gitu~: Tttls II~enee explrel Co permis mrpim Date Issued: Date de Fee paid: Droiis acquitiJs: LICENCE / PERMI8 Uoenoe No. Petrols NO Issued Under The Pdvate Investigators and Security Guards Act D~ivr~ en vertu de la Lei sur les enqueteurs priv~ et les gardlens CLARKE, ANDREW MC IVOR 10SHAWA 073944 SECURITY GUARD P,R.O. SECURITY & INVESTIGATION AGENCY INC. PETERBOROUGH DECEMBER 31, 2005 MARCH 17, 2005 $30.0O Registrar / Reglstrateur -ELIZ- ;O~'n PI,~G 4(l:~[ev. 05/89) Ontario Name and Location of L.~: Nora et adr~ cie I'auteur ~ la dementia: is Llcefl~ed a~ a: e~t auto,,IM(e) /tttm de: while employed by: tent qu'll ou elle asr a remplol de: kx~ated In; sltu6: 'rhl~ licaince explwl ~: Ge p~rmla expire Oate t.ued: Fee paid: LICENCE I PERMIS' Ucence No, Pennis N° Issued Under The Private Investlgatom and Security Guards Act D(tlivr~ en vertu de la LOi sur les enqu~teurs priv66 et les gardiens KINGHAN, ANGELA MAE / COURTICE SECURITY GUARD P.R.O. SECURITY & INVESTIGATION AGENCY INC. PETERBOROUGH DECEMBER 31, 2005 MARCH 17, 2005 $30.00 073943 Registrar / Reglstrateur -ELIZ- F~rm PI~G 4(R~,. ATTACHMENT # .... THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. / .... TO Being a by-law to appoint By-law Enforcement Officers for certain Purposes (Parking Regulation - 1822 Whites Road.) WHEREAS pursuant to section 15(!) 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 Picketing 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 1822 Whites Road: Matthew A. J. Alexander Clinton Robert Stainton Allan John Easson Andrew Mclvor Clarke Angela Mae Kinghan The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section 1 ceasing to be employees of P.R.O. Secudty or upon P.R.O. Secudty ceasing to be agents for 1822 Whites Road, or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 11th day of April, 2005. David Ryan, Mayor Bruce Taylor, City Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamations: "Hepatitis C Awareness Day"- May 1, 2005 "Hepatitis C Awareness Month - May, 2005 Ta}/Ior, Bruce From: Sent: To: Subject: Buchan, Adriana on behalf of Clerks Web Email March 31, 2005 4:00 PM Taylor, Bruce FW: Att'n Bruce Taylor, City Clerk-Proclamation Request ..... Original Message ..... From: Smilin' Sandi [mailto:smking@rogers.com] Sent: Thursday, March 31, 2005 3:34 PM To: Clerks Web Email Subject: Att'n Bruce Taylor, City Clerk-Proclamation Request Mailing Address: Mrs. Lori Ullius, C/O Durham Region Health Dept., 1615 Dundas St. E., Whitby Mall, Suite 210, Whitby, Ont., LiN 2L1 Re: Durham Hepatitis C Support Group His Worship Dave Ryan and distinguished Council Members, My name is Sandi King (Smilin' Sandi) and I am the Founder/Volunteer Facilitator of the Durham Hepatitis C Support Group. Since Nov. 3, 1999, in partnership with Durham Region Health Department, our group has supported people across Durham Region living with/affected by this insidious, blood-borne virus and have helped to educate the public. As of March 24, 2005, 1,881 cases of Hepatitis C have been reported by Durham Region Health Department. As a volunteer member of the Planning Committee for the Community Track 3 section of the 2nd Canadian Conference on Hepatitis C, in Vancouver, B.C. March 27-30, 2004, I was honoured to have spoken at the session on Community Group Development: Successes and Challenges. Also, I co-ordinated the speakers and moderated the session on "Nutrition, Exercise & Complementary & Alternative Therapies." It is estimated that between 300,000 and 400,000 Canadians are living with Hepatitis C (2/3 undiagnosed as yet) and are at risk for developing cirrhosis, liver failure, liver cancer and a wide variety of Hepatitis C mediated autoimmune diseases. This life-threatening disease is the number one reason for liver transplants in North America. Hepatitis C may take ten to thirty years to destroy its host. In the absence of a vaccine or effective treatment therapy, only public awareness and education can halt the spread of the disease. May 1st as Hepatitis C Awareness Day and the month of May as Hepatitis C Awareness Month has been proclaimed in many communities across North America. The proclamation is an opportunity to enhance awareness, education, tolerance, understanding, and to be a beginning point for healing of the grief for those who have succumbed to Hepatitis C. Please assist me in furthering my mission to spread the word about this silent, misunderstood epidemic by proclaiming May 1st as Hepatitis C Awareness Day and May, 2005 as Hepatitis C Awareness Month in the City of Picketing. Sincerely, Ms. Sandi King (Smilin' Sandi) smking@rogers.com Sandi's Crusade Against Hepatitis C http://www.creativeintensity.com/smking/ Durham Hepatitis C Support Group http://creativeintensity.com/smking/durhamgrp.htm