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HomeMy WebLinkAboutFebruary 27, 2006 (I) (II) (III) 1. Executive Committee Meeting . Agenda Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson ADOPTION OF MINUTES PAGES Meeting of February 13, 2006 "In Camera" meeting of February 13, 2006 A-G Under Separate Cover DELEGA TIONS MATTERS FOR CONSIDERATION Director, Planning & Development, Report PD 07-06 Official Plan Amendment Application OPA 05-001/P Amendment 15 to the Pickering Official Plan Zoning By-law Amendment Application A 16/05 Amending By-law to amend Zoning By-law 3037 City Initiated: Oak Ridges Moraine Conformity Exercise City of Pickerinq 1-114 1. That Council receive Report PD 07-06 on Official Plan Amendment Application OPA 05-001/P (now Amendment 15 to the Pickering Official Plan), and Zoning By-law Amendment Application 16/05, City Initiated: Oak Ridges Moraine Conservation Plan Conformity Amendments; (a) That Official Plan Amendment Application OPA 05-001/P, initiated by the City of Pickering, to implement the Oak Ridges Moraine Conservation Plan for lands within the Oak Ridges Moraine Area, be approved as set out in Exhibit "A" to Appendix I to Report PD 07-06; (b) That the draft by-law to adopt Amendment 15 to the Pickering Official Plan, to implement the Oak Ridges Moraine Conservation Plan, be forwarded for enactment to Council as set out in Appendix I to Report PD 07-06; (a) That Zoning By-law Amendment Application A 16/05, initiated by the City of Pickering, to implement the Oak Ridges Moraine Conservation Plan for lands within the Oak Ridges Moraine Area, be approved as set out in Appendix II to Report PD 07-06; 2. 3. 2. Executive Committee Meeting Agenda Monday, February 27,2006 7:30 pm Council Chambers Chair: Councillor Dickerson 4. (b) That the amending by-law to amend Zoning By-law 3037, as amended, to implement the Oak Ridges Moraine Conservation Plan, be forwarded for enactment to Council as set out in Appendix II to Report PD 07-06; That the Oak Ridges Moraine Conformity Amendments, Amendment 15 and the amending by-law to amend Zoning By-law 3037, be forwarded for approval by the City Clerk to the Ministry of Municipal Affairs and Housing; That Council adopt Informational Revision 13 as set out in Appendix III to Report PD 07-06 for inclusion in the Pickering Official Plan; That Council request the Ministry of Municipal Affairs and Housing to resolve Deferrals 28 and 34 relating to the proposed Rural Hamlet designation and settlement policies for Altona and approve the Oak Ridges Moraine Natural Linkage Area and Oak Ridges Moraine Countryside land use designations recommended in Amendment 15; 5. 6. 7. That Council direct staff to update the City's Municipal Tree Protection By- law to reflect the natural features within the Oak Ridges Moraine, and that staff initiate a review of the existing Fill and Topsoil Disturbance By-law to determine whether new provisions for lands within the Oak Ridges Moraine are required; That Council refer the request of Peter Wood, to further review the proposed Old Brock Road and Uxbridge-Townline Road realignment as shown on Schedule IV-10 - Settlement 10: Claremont and Area - North Section of the Pickering Official Plan, to be considered as part of the next Official Plan review; 8. 9. That the City Clerk forward a copy of Report PD 07-06 to the Ministry of Municipal Affairs and Housing, the Region of Durham, the Town of Markham, the Town of Wh itchurch-Stouffville , the Township of Uxbridge, the Township of Scugog, the Town of Whitby, and the Toronto and Region Conservation Authority. Director, Planning & Development, Report PD 10-06 Zoning By-law Amendment Application A 23/05 Wencray Holdings Limited 2000 Clements Road Part of Lot 15, B.F.C. Range 3 (40R-6080, Part 5) City of Pickerinq 115-153 3. 2. 4. Executive Committee Meeting Agenda Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 1. That Zoning By-law Amendment Application A 23/05, be approved as set out in the draft by-law attached as Appendix I to Report PD 10-06, to amend the existing zoning on the subject lands to permit outdoor storage associated with a roofing supply business office and warehouse on lands being, Part of Lot 15, B.F.C. Range 3, (40R-6080, 5), in the City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 23/05, as set out in Appendix I to Report PD 10-06 be forwarded to City Council for enactment. Director, Planning & Development, Report PD 13-06 Zoning By-law Amendment Application A 11/05 J. & B. Bayes and T. & A. Costar 823 & 827 Sheppard Avenue (Part of Lot 27, Range 3, B.F.C.) City of Pickering 154-178 1. That Zoning By-law Amendment Application A 11/05, be approved to permit the development of a maximum of eight townhouse dwelling units, as submitted by 816 Kingston Road (Pickering) Limited on behalf of J. & B. Bayes and T. & A. Costar, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/05, as set out in Appendix I to Report PD 13-06, be forwarded to City Council for enactment. Director, Planning & Development, Report PD 14-06 Zoning By-law Amendment Application A 24/05 Delco Homes Inc. Sparrow Circle (at Altona Road) (Block 17, Plan 40M-1827) City of Pickerinq 1. 179-214 That Zoning By-law Amendment Application A 24/05 be approved to permit a freehold townhouse, common element road condominium development on lands being Block 17, Plan 40M-1827, City of Pickering, submitted by Delco Homes Inc. 5. 6. Executive Committee Meeting Agenda Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 24/05, as set out in Appendix I to Report PD 14-06 be forwarded to City Council for enactment. Director, Planning & Development, Report PD 16-06 Direction on City Staff Involvement on an Appeal to the Ontario Municipal Board Committee of Adjustment Decision on Application PICA 55/05 Pickering Auto Body Ltd. 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickerinq 215-246 1. That the Ontario Municipal Board be advised that City Council supports the decision of the Committee of Adjustment refusing the variance to reduce the required parking spaces for PICA 55/05 at 1968 Notion Road. That the appropriate City staff attend the March 20, 2006, Ontario Municipal Board hearing in opposition of the application and to advance Council's support of the Committee of Adjustment decision. 2. Director, Planning & Development, Report PD 17-06 Zoning By-law Amendment Application A 27/05 Silverlane Estates Inc. South Part of Lot 32, Concession 1 (Blocks 39 and 46, Plan 40M-2119 and Part 4, 40R-11901) City of Pickerinq 247 -263 1. That Zoning By-law Amendment Application A 27/05 be approved, to rezone two Blocks to match the zoning of abutting land, to permit development of a townhouse and a detached dwelling, on lands being Blocks 39 and 46, Plan 40M-2119, and; to rezone two additional Blocks to allow for open space uses, on lands being Part 4, Plan 40R-11901 (Blocks 16 and 18, Draft Plan of Subdivision S-P-2002-06). 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 27/05, as set out in Appendix I to Report PD 17 -06, be forwarded to City Council for enactment. 7. Executive Committee Meeting Agenda Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson Director, Planning & Development, Report PD 18-06 Proposed Modifications to the Proposed Central Pickering Development Plan Prepared by the Ministry of Municipal Affairs and Housing Dated February 1, 2006 EBR Reqistrv Number: PF05EOO02 Handout Report Delivered Under Separate Cover 8. Director, Operations & Emergency Service, Report OES 08-06 Frenchman's Bay Stormwater Management Master Plan Request for Proposal for Professional Engineering Services RFP-13-2005 264-270 1. That Report OES 08-06 regarding the Frenchman's Bay Stormwater Management Master Plan, Request for Proposal for professional engineering services be received. 2. That the Proposal RFP-13-2005 submitted by Marshall Macklin Monaghan Limited to develop a Stormwater Management Master Plan for Frenchman's Bay be accepted. 3. That the total project cost of $144,855 including the proposal amount, project management services and other associated project costs identified in the report be approved. 4. That staff at the City of Pickering be given the authority to give effect thereto. 9. Director, Operations & Emergency Services, Report OES 10-06 Construction Priorities for Regional Roads Within the City of Pickerinq 271-275 That Report OES 10-06 regarding Regional Road construction priorities within the City of Pickering be received for information and forwarded to the Regional Municipality of Durham. 10. Director, Operations & Emergency Services, Report OES 11-06 276-279 Lease of City of Pickering lands to O.J. Muller Landscape Contractor Ltd. Renewal of Lease Agreement for those lands comprising those parts of Lot 19, Concession 3, Pickering, designated as Part 2, Plan 40R-7012, save and except Part 2. Plan 40R-14541 and Part 3. Plan 40R-7012 Ciú¡ o~ 11. 12. 2. Executive Committee Meeting Agenda Monday, February 27,2006 7:30 pm Council Chambers Chair: Councillor Dickerson 1. That Report OES 11-06 regarding renewal of a lease agreement be received. 2. That the request by O.J. Muller Landscape Contractor Ltd. to renew a lease for City land on Brock Road for the purposes of cultivating the land for cash crops and to store and market nursery stock that includes landscape materials be approved. 3. That the Mayor and the City Clerk be authorized to sign a renewal lease agreement with O.J. Muller Landscape Contractor involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Director, Operations & Emergency Services, Report OES 12-06 Lease of City of Pickering lands to T. Arnts Loam Supply Ltd. Renewal of Lease Agreement for those lands comprising those parts of Lot 19, Concession 3, Pickering, and comprising that part of Part 37 and 40, Plan 40R- 6934 280-283 1. That Report OES 12-06 regarding renewal of a lease agreement be received. 2. That the request by T. Arnts Loam Supply Ltd. to renew a lease for City land on Brock Road for the purposes of carrying on the business of the storage, sale and supply of topsoil, sand, stone, pavers and related products be approved. 3. That the Mayor and the City Clerk be authorized to sign a renewal lease agreement with T. Arnts Loam Supply Ltd. involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Director, Operations & Emergency Services, Report OES 13-06 284-287 Lease of City of Pickering lands to 1317970 Ontario Inc. Renewal of Lease Agreement for those lands comprising that part of Parts 37 and 40. Plan 40R-6934 1. That Report OES 13-06 regarding renewal of a lease agreement be received. That the request by 1317970 Ontario Inc. to renew a lease for City land on Brock Road for the purposes of carrying on the business of a golf- 13. Executive Committee Meeting Agenda Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson driving range located at least 85 metres west of Brock Road and at least 6.1 metres south of the northerly boundary of the premises and a miniature golf-putting facility located at least 6.1 metres south of the northerly boundary of the premises and an accessory parking area located between the golf-driving range and Brock Road and south of the miniature golf-putting facility be approved. 3. That the Mayor and the City Clerk be authorized to sign a renewal lease agreement with 1317970 Ontario Inc. involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Director, Corporate Services & Treasurer, Report CS 14-06 Chanqes to Proposed Body Rub Parlour By-law 288-346 1. That Report CS 02-06 of the Director, Corporate Services & Treasurer be received for information. 2. That Report CS 14-06 regarding changes to the proposed Body Rub Parlour By-law be received. 3. That the attached draft by-law be enacted to provide for the licensing and regulation of Body Rub Parlours within the City of Pickering, and 4. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. (IV) OTHER BUSINESS (V) ADJOURNMENT Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner PRESENT: Mayor Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R.Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson D. Bentley D. Shields - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk (I) ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Dickerson Meeting of January 24, 2006 "In Camera" meeting of January 24, 2006 CARRIED A (II) 4. Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner MATTERS FOR CONSIDERATION 1. Director, Planning & Development, Report PD 04-06 Release and Abandonment of Easement Part of Lot 8, Plan 40M-2164, being Part 8, Plan 40R-22163 Storm Drainage Purposes Registered as Instrument DR202450 File: RE0520 That the Mayor and City Clerk be authorized to execute, for the purpose of registration, a Release and Abandonment of Easement registered as Instrument DR202450 relating to that part of Lot 8, Plan 40M-2164, being Part 8, Plan 40R-22163. 2. Director, Planning & Development, Report PD 06-06 - Danlu Holdings Limited Plan of Subdivision 40M-2093 - 1490737 Ontario Inc. Plan of Subdivision 40M-2099 Final Assumption of Plans of Subdivision By-laws should be enacted to : 1. Assume the roads and services within Plans 40M-2093 and 40M-2099 (save and except from Blocks 36 to 38); 2. Amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-2093 and 40M-2099; and 3. Authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-2093 and 40M-2099. Director, Operations & Emergency Services, Report OES 02-06 Green River Community Centre - Horizon House, Where Heaven and Earth Meet - Lease Renewal Agreement - File: A-2130-001-06 1. That Report OES 02-06 be received; and B Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner 2. That the Mayor and the Clerk be authorized to execute a renewal lease agreement to permit the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Centre from April 1 , 2006 to March 31, 2007 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 5. Director, Operations & Emergency Services, Report OES 03-06 Management Agreement with Claremont Lions Club - Claremont Community Centre - File: A-2130-001-06 1. That Report OES 03-06 be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal management agreement to permit the Claremont Lions Club to continue to provide management services to the Corporation at the Claremont Community Centre from April 1, 2006 to March 31,2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 6. Director, Operations & Emergency Services, Report OES 05-06 West Shore Community Centre - Gingerbread Co-operative Nursery School (Pickering) Inc. - Licence Renewal Agreement - File: A-2130-001-06 1. That Report OES 05-06 be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Licence Agreement to permit the Gingerbread Co-operative Nursery School (Pickering) to continue to operate a co-operative nursery school at West Shore Community Centre from April 1, 2006 to March 31, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 7. Director, Operations & Emergency Services, Report OES 06-06 Pickering Recreation Complex Pottery Studio Licence Renewal Agreement - File: A-2130-00 1-06 C Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner 1. That Report OES 06-06 be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Pottery Studio Agreement to permit Guida Pirita and Ana-Paula Leandro to continue to operate pottery programs at the Pickering Recreation Complex from April 1, 2006 to March 31, 2009 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 8. Director, Operations & Emergency Services, Report OES 07-06 Nuclear Waste Management Peer Review of NWMO Final Report - File: A-2130-001 1. That Council receive Report OES 07-06 concerning the peer review of the Nuclear Waste Management Organization Final Report; 2. That Council urge Nuclear Waste Management Organization to address the list of outstanding issues related to their Final Report as identified in the Acres- Sargent & Lundy Peer Review Report; 3. That Council be on record as continuing to support the work that the Nuclear Waste Organization (NWMO) is conducting and that the Federal Government be urged to promptly begin addressing the recommendations of NWMO Final Report; and 4. That a copy of this Resolution be forwarded to the Federal Minister of Natural Resources, Nuclear Waste Management Organization, Canadian Association of Nuclear Host Communities, and Ontario Power Generation. Moved by Councillor Dickerson Seconded by Councillor Johnson That the Committee adopt the recommendations set out in Item Nos. 1 to 9, inclusive, save and except Item Nos. 3 and 9 thereof. CARRIED D Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner 3. Director, Planning & Development, Report PD 11-06 Bill 51-Amendments to the Planning Act and the Conservation Land Act - First Reading Ontario Municipal Board and Planning Act Reforms EBR Reqistration Number AF05EOO01 Moved by Councillor Dickerson Seconded by Councillor Johnson 1. That Pickering Council receive and endorse Report PD 11-06 on Bill 51, an Act to amend the Planning Act and the Conservation Land Act and to make related amendments to other Acts, EBR Registration Number AF05EOO01. 2. That the City Clerk submit the following comments to the Environmental Bill of Rights registry respecting Bill 51 (Registration Number AF05EOO01): (a) The City of Pickering is supportive of the direction of Bill 51, including elements that give more authority to municipalities and increase local control over development; (b) The requirement to host a public open house, for all development applications, as proposed through amendments to Sections 17 and 34, is unnecessary and will add additional application review process; and (c) The requirement to update official plans should apply to all municipalities that currently have an official plan and not be limited to those as set out in Subsection 17(13). 3. That the City Clerk forward a copy of Report PD 11-06 to the Ministry of Municipal Affairs and Housing. CARRIED E Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner 9. Appointments to the Civic Awards Selection Committee The Chair outlined the process for the nomination of the Members of the Civic Awards Selection Committee. Moved by Councillor Ashe Seconded by Mayor Ryan That the following Members of Council be appointed to the Civic Awards Selection Committee: Mayor Ryan Councillor Ashe Councillor Johnson Councillor McLean CARRIED (III) OTHER BUSINESS 1. The following matters were considered prior to the regular meeting: (a) 1. Confidential Matters Director, Corporate Services & Treasurer, Report CS 10-06 Taxi Cab Driver Licence Application - City Clerk to Update 2. Verbal Update - Labour Relations Matter - CUPE - CAO to Update Moved by Councillor Dickerson Seconded by Councillor Ashe That Committee move into an 'In Camera" meeting of Committee in order to discuss a personal matter about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations. CARRIED Refer to the "In Camera" minutes of the Executive Committee dated February 13, 2006. F Executive Committee Meeting Minutes Monday, February 13, 2006 8:00 pm Chair: Councillor Brenner Moved by Councillor McLean Seconded by Councillor Pickles That Committee rise and ratify the actions taken at the 'In Camera' session. CARRIED (IV) OTHER BUSINESS 1. Councillor Pickles gave notice that he would be presenting two Notices of Motions with regards to Opportunities for Energy Projects and the Nuclear Liabilities Act. (V) ADJOURNMENT The meeting adjourned at 9:00 pm. G NOTE: Pages 1-114 REPORT PD 07-06 CAN BE FOUND SEPARATELY IN LASERFICHE UNDER RE PO RTS. IT IS PROVIDED SEPARATELY DUE TO THE SIZE OF THE REPORT AND MAPS ENCLOSED. Ciú/ o~ REPORT TO EXECUTIVE COMMITTEE lle Report Number: PD 10-06 Date: February 13, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 23/05 Wencray Holdings Limited 2000 Clements Road Part of Lot 15, B.F.C. Range 3 (40R-6080, Part 5) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 23/05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 10-06, to amend the existing zoning on the subject lands to permit outdoor storage associated with a roofing supply business office and warehouse on lands being, Part of Lot 15, B.F.C. Range 3, (40R-6080, 5), in the City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 23/05, as set out in Appendix I to Report PD 10-06 be FORWARDED to City Council for enactment. Executive Summary: The applicant requests to change the zoning by-law to permit outdoor storage associated with a permitted roofing supply business and warehouse. The subject property is located on the north side of the curve of Clements RoadlChurch Street (see Attachment #1 - Location Map). The proposed business office and warehouse use are permitted by the existing by-law. The outdoor storage component of the proposed use requires an amendment to the zoning by-law. Storage will primarily be for shingles and related roofing supplies, in the rear yard, and within a future unheated storage building in the northwest corner of the property (see Attachment #2 - Applicant's Submitted Plan). Building locations and outdoor storage limitations will be addressed through the amending zoning by-law. Landscaped buffering around the property will be addressed through the site plan review process to minimize the visual impact of the outdoor storage area on abutting properties. The proposed development is appropriate and compatible within the Brock Industrial Neighbourhood. Industrial uses dominate this area and the introduction of limited outdoor storage should not negatively impact surrounding properties. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. 116Report PD 10-06 Subject: Wencray Holdings Limited February 13, 2006 Page 2 Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the Background: 1.0 1.1 Comments Received At the October 20, 2005 Information Meeting (see text of Information Report, Attachment #3 and Meeting Minutes, Attachment #4) Public Comments no public present at the meeting; Applicant's Comments - Arnold Mostert, Barry Bryan & Associates (agent for Wencray) advised that they were present to answer any questions and to submit letters of support for the application; Other attendees at the meeting were: . Craig Glynn, Wencray Holdings; . Wendy Sprague, Vice President, Spar-Marathon; . Dana Coverdale, Director, Sales & Marketing, Spar-Marathon; . Steve Bronetto, Bonamax, Strategic Advisor for Wencray Holdings; Comments received since the public meetinq: Barr's Roofing Siding Sheetmetal Ltd., D. Sullivan Condominium Service, Moffat Bros. Roofing Ltd., AMA Roofing & Sheetmetal, Goreski Roofing & Lathing Ltd., and Sagar Aggarwal, all in support of the application (see Attachments #5 - #10) - Walker, Nott, Dragicevic Associates Limited (WND) commented on behalf of Runnymede Development Corporation (see Attachment #11); - WND commented on the following aspects of the application: . the need to appropriately screen the outdoor storage component from adjacent properties by means of solid screen fencing and landscaping techniques; . the need to locate the building foot print in such a way to ensure that the building is oriented to the street and help in the screening of the outdoor storage component; . the need to limit the location and scale in the by-law; Crossby - Dewar Projects Inc. commented asking for landscaping to be installed in the northwest corner of the property to hide the view of the proposed storage building and outside storage area (see Attachment #12); Report PD 10-06 February 13, 2006 Page 3 117 Subject: Wencray Holdings Limited 1.2 Agencies Durham Reaion Plannina Department - conforms with the 'Employment Area' designation in the Regional Official Plan; - a Phase I Environmental Site Assessment has been done and indicated that there is a low potential for environmental impact of the subject property; - no additional environmental work is required and no other matters of provincial interest are applicable to this application; - sanitary services are available from Church Street and water supply is only available through the extension of a 300mm watermain along Clements Road; - the applicant will be responsible for the associated costs (see Attachment #13); Toronto & Reaion Conservation Authority The TRCA commented on three occasions on this application. Their comments of October 27, 2005 (see Attachment #14) and November 23, 2005 (see Attachment #15), addressed a number of issues, but were replaced with comments made on December 21, 2005. December 21, 2005 comments: - a site visit was conducted on December 14, 2005; - given the current zoning and that the Environmental Significant Area (ESA) is bisected by Clements RoadlChurch Street, no Environmental Impact Study is required; - request to protect 40R-6080, Part 7 (lands south of 2000 Clements Road) in perpetuity as it remains an integral part of the ESA within the Duffins Creek Watershed; - request that City Planning staff put forward a recommendation to Pickering Council to pass a resolution to obtain these lands (40R-6080, Part 7) as open space to offset the environmental impacts of constructing the Clements/Church road connection and the proposed Wencray development at 2000 Clements Road (see Attachment #16); 1.3 City Departments Pickerina Fire Services - no objection to the application; 11. fkeport PD 10-06 February 13, 2006 Subject: Wencray Holdings Limited Page 4 2.0 2.1 Discussion Use and Compatibility 2.1.1 The proposed use complies with the Pickerinq Official Plan desiqnation The subject property is designated General Employment in the Pickering Official Plan. This designation permits manufacturing, assembly, warehousing, storage of goods and materials, transportation facilities, offices and retail sales as minor component of an industrial operation. Outdoor storage associated with a roofing supply business office and warehouse conforms to the policies of this designation. 2.1.2 Limited outdoor storaqe is an appropriate and compatible use within the Brock Industrial Neiqhbourhood Limited open storage associated with a roofing supply office and warehouse is an appropriate use to introduce on this property. The property is located within the Brock Industrial Neighbourhood. Open storage of materials exists at several sites throughout the Neighbourhood. Zoning restrictions apply to ensure that open storage activities do not adversely impact and degrade the character of industrial sectors within the neighbourhood. In this specific circumstance, the subject property abuts other industrial uses such as Harmony Logistics to the north and the Husky Truck Stop to the west. Both properties allocate significant site area to the outside storage of tractor-trailers associated with their operations. Therefore, the limited storage of roofing supplies associated with a roofing supply office and warehouse would be an appropriate and compatible use within this neighbourhood. Visual impacts can be minimized through performance standards of the implementing zoning by-law and screening provisions required through the site plan approval process. 2.2 Zoning By-law Performance Standards 2.2.1 Buildinq location will be appropriately set back from Clements RoadlChurch Street The building setback from Clements Road/Church Street will be a minimum of 6.0 metres and a maximum of 8.0 metres. These setbacks will place the building close to the street and allow the building to function as a buffer between any outdoor storage and the street. Further, by minimizing the setback from the street, front yard parking and storage opportunities are eliminated and opportunities for an enhanced streetscape are increased. 2.2.2 Setback and heiqht limitations will be imposed on the outdoor storaqe and future storaqe buildinq All outdoor storage, including the future storage building in the northwest corner of the site, will be set back 20.0 metres from the west property line and 6.0 metres from the north property line. All outdoor storage will be located behind the officelwarehouse building. This area will store roofing supplies and other associated materials, which are part of SPAR-Marathon's operation. Report PO 10-06 February 13, 2006 119 Subject: Wencray Holdings Limited Page 5 It is recommended that the minimum height for buildings be 6.5 metres and that open storage of materials be restricted to a maximum height of 5.0 metres. A minimum height for buildings will ensure appropriate buffering of materials stored outdoors. Limiting the height of 8m ate rials stored outside reduces the impact on abutting properties. 2.3 Site Plan Requirements 2.3.1 ScreeninQ of the Outdoor Storaqe Area will be addressed throuqh the Site Plan Process Screening methods will be reviewed through the site plan review process. Outdoor storage will be appropriately screened from abutting properties and streets. The proposed building location abutting Clements Road/Church Street will significantly buffer the outdoor storage area from the street. Landscaping will be required around the perimeter of the property to provide a further buffer. 2.4 Toronto and Region Conservation Authority (TRCA) 2.4.1 The TRCA requests that City Planninq staff put forward a recommendation to Pickerinq Council to obtain lands outside of this application for conservation purposes (see Attachment #16) The TRCA have requested that the City Planning staff recommend that Pickering Council pass a resolution to allow TRCA to obtain lands municipally known as 2001 Clements Road (40R-6080, Part 7 - lands south of 2000 Clements Road) for open space (see Attachment #17). We acknowledge TRCA's request and desire to obtain and protect lands of environmental significance and are willing to work with Authority staff on this matter. The lands requested by the TRCA are located outside of the lands subject to this application. This request would be best dealt with as a separate matter, initiated through a resolution from TRCA's Executive Committee. Upon receipt of such a resolution, City staff can formally engage the Authority in pursuing this land interest, through appropriate processes. 3.0 Applicant's Comments The applicant is aware of the content of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Draft By-law 120 Report PD 10-06 February 13, 2006 Subject: Wencray Holdings Limited Page 6 Attachments: 1 . Location Map 2. Applicant's Submitted Plan 3. Text of Information Report 4. Public Information Meeting Minutes 5. Letter of Support - Barr's Roofing Siding Sheetmetal Ltd. 6. Letter of Support - D. Sullivan Condominium Service 7. Letter of Support - Moffat Bros. Roofing Ltd. 8. Letter of Support - AMA Roofing & Sheetmetal 9. Letter of Support - Goreski Roofing & Lathing Ltd. 10. Letter of Support - Sagar Aggarwal 11. Comments from Runnymede Development Corporation clo Walker, Nott, Dragicevic Associates Limited 12. Comments from Crossby-Dewar Projects Inc. 13. Comments from the Region of Durham Planning Department 14. Comments from the Toronto and Region Conservation Authority - October 27,2005 15. Comments from the Toronto and Region Conservation Authority - November 23, 2005 16. Comments from the Toronto and Region Conservation Authority - December 21, 2005 17. Location Map showing lands requested by TRCA Prepared By: Approved I Endorsed By: Neil Carroll, p, P Director, Planning & Development GXR: Id Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering C!ty Co/ It' " } , /... APPENDIX I TO REPORT PD 10-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 23/05 121 In<f'1 . (;., ¡;:..- THE CORPORATION OF THE CITY OF PICKERING Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 15, B.F.C. Range 3, (40R-6080, Part 5), in the City of Pickering. (A 23/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit outdoor storage associated with a roofing supply business office and warehouse being Part of Lot 15, B.F.C. Range 3, (40R-6080, Part 5), in the City of Pickering. AND WHEREAS an amendment to By-law 2511, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I & II Schedule I & " attached hereto 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 15, B.F.C. Range 3, (40R-6080, Part 5), City of Pickering, designated "M1-14" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, 1) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; 2) "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; 8) 9) 10) ;( -2- ~, 123 d Rub Parlour" includes any premises or part thereof where a body is preformed, offered or solicited in pursuance of a trade, calling, usiness 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; 4) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization but shall not include a retail store; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; 5) 6) "Liqht Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacturing of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacturing of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; 7) "Manufacturinq Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, RS.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; 13) 14) 5. -3- tail Store" shall mean a building or part of a building in which goods, i ares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; 12) "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Scientific. Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; PROVISIONS (1 ) (2) Uses Permitted ("M1-14" Zone) No person shall within the lands designated "M1-14" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) (b) (c) (d) (e) (f) business office; light manufacturing plant; professional office; sales outlet; scientific, medical or research laboratory; warehouse; Zone Requirements ("M1-14" Zone). No person shall within the lands designated "M1-14" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: I" ~) ~..) ., , ~¥1ì~\ ' " \"Wo, ",.,,"f (i) Building Location and Setbacks: A All buildings and structures shall be located entirely within the building envelope illustrated on Schedule II attached to this By-law; (ii) Building Heights: A Minimum Building Height: 6.5 metres (b) OUTDOOR STORAGE (i) Outdoor storage is only permitted in the area cross-hatched as illustrated on Schedule II attached to this by-law; (ii) Outdoor Storage Height: A Maximum Outdoor Storage Height: 5.0 metres (c) PARKING REQUIREMENTS: (i) No parking is permitted to be located in the front yard; (ii) For all uses, there shall be provided and maintained on the lands a minimum of 1.0 parking space for every 56 square metres of gross leasable floor area or part thereof; (iii) Section 5.21.2 (a) and (b) of By-law 2511, shall not apply to the lands zoned "M1-14" on Schedule I attached hereto; (iv) Despite Clause 5.21.2 (g) and (k) of By-law 2511, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; (d) SPECIAL REGULATIONS: (i) A sales outlet, accessory to a permitted use, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; 6. BY-LAW 2511 By-law 2511 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matter not specifically dealt with in this By-law shall, be governed by the relevant provisions of By-law 2511, as amended. ..",..~ ~: "J II - 5- 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2006. day of Debi A. Bentley, City Clerk COPPERSTONE w > Q:: 0 - SILICONE w Z 0 f- (f] Q:: w Cl. Cl. 0 U DRIVE CLEMENTS MA VOR CLERK Aff '" 127 f- W w Q:: I- (f] J¡ ~ 199.2m M1-14 ~ "V ~ PART LOT " B.'.o. RANCE J, .OR-50eO, PART' ROAD . II . I . I l' N 128 CLEMENTS f- W W c:r: f- (f) I U cr:: ~ I ----f--il U 6.0m II II II II 6.0m II (MIN)'~ I¡ I¡ I¡ I¡ I¡ /) /) ~.Om \. 1/ I (MAX) ); 1/ .........~ I -----:;:::-~ ;;..0- I = = :::: :::: :::: :::: ROAD ~ OUTDOOR STORAGE AREA ~ = J BUILDING ENVELOPE SCHEDULE PASSED DAY OF Ffw 2006 MAYOR CLERK l' IV . . ~ c::v ~ ~ @ ~ ~ @ p U -¡--~_._-~ - I I ;0 '<{ 0 11:: /:r: u /ð w -' -, í I VJ W 11:: lõ VJ ATTACHMENT' I TO REPORT # PO ID-f)" - -.----.--. - ..--.-.- ..-...--..---.--------.- --.-.--. - -__m____._-----.---.- .. __m~- r-.-T. i if- lj 111:: tñ ! I I ! , I I 16 I~ ¡<.) r- '-------.-. .-.--.--... ..--- r-nl':)p'.R'::Tn/,[- no ,/, ~ '.""--.~'U.'... 'J"~ 1~1- II I I ¡ I I I I , I I I . . ! '-----.--. -- ----1 L ! SiLICONE DRIVE 1.--..'-'- ! SUBJECT PROPERTY !w Z 0 ,.- (/) a:: l.J Q.. Q 0 0 L------ CLEMENTS --.'--. ROAD ------------- -------- 129 l» ~~g C::::ì ¡:'/ c::¿¡; Q!2:-J fC:" \..::-!J ÇJ ~:¡ L:::-;::-, c-~-' [~:¿:J .~) (S G.--1 I .-.-.-.---- -.-,----..--- City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 15, B.F.C, RANGE 3, 40R-60BO, PART 1 & 5 OWNER 504063 ONTARIO INC. DATE, AUG. 30 2005 DRAWN BY JB "/' FILE No. A 23/05 SCALE: 1 :5000 CHECKED BY GR ° o..,ceo: To'on., £n,.,p,'... Inc. ono it. ...ppli.,.. All "e"'. R...",.". ,"0' o pIon o' .......,.. 200~ "PAC onO a. ...opli.,.. A" ,¡ "t. R"."'.d. Not o pion of 5..",. . PN.4 130 ATTACHMENT # d REPORT # PO 10'-06 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 23/05 WENCRAY HOLDINGS LIMITED TO ---'-n-.- I SEVERANCE BOUNDARY OF LD 267/01 ----"';;.;.;;w'~ ,.. OUTDOOR STORAGE AREA I- W .' :.'.' w I l.:/t" Ct: ..J .." I- ~I ~j (.)/ {. I" EXISTING TRUCK STOP 8 ¡ .,.:;.-- L=~___f -1---...-... I 1 _..._._._.-::.~___~I'--""'<;'- ------ not 1 Ii 1f C-.-. _..._-~._~_...._..._.__.---.._..._.- --.-.--.- CLEMENTS ROAD 8 ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPING AND OESIGN. AUGUST 30. 2005 --, ATTACHMENT I'::; TO REPORT I PO I !)-Db 131 INFORMATION REPORT NO. 22-05 FOR PUBLIC INFORMATION MEETING OF October 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 23/05 Wencray Holdings Limited 2000 Clements Road Part of Lot 15, B.F.C. Range 3 (40R-6080, Part 1 5) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 2.6 hectares in size, and located on the north side of the curve of Clements RoadlChurch Street (see Attachment #1 - Location Map); - on the western portioQ,of subject property is the Husky Truck Stop; - the eastern portion of the subject property is subject to this zoning amendment application; - Harmony Logistics abuts the subject property to the north, vacant industrial zoned lands to the south and environmentally protected land in the Town of Ajax to the East. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the zoning of the subject property to permit outdoor storage associated with a currently permitted use, a roofing supply business office and warehouse (see Attachment #2 - Applicant's Submitted Plan); - approximately 2322 square metres of new floor area is proposed, which will be a combination of office and warehouse uses; 1858 square metres of floor area for a future unheated storage building for the storage of roofing supplies and materials is also proposed. 3.3 4.0 4.1 4.2 ~ 'J ,"'" InfOlmaWbn Report No. 22-05 ATTACHMENT' 3 TO HE PORT # PO /D'DtJ Page 2 3.0 3.1 OFFICIAL PLAN AND ZONING Durham ReQional Official Plan - the Durham Regional Official Plan identifies the subject lands as being designated "Employment Area"; - this designation permits manufacturing, assembly and processing of goods, services, industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, retail warehouses, freight transfer and transportation facilities; - these uses shall be designated in appropriate locations in the respective area municipal official plans; - the applicant's proposal appears to comply with this designation; 3.2 PickerinQ Official Plan - the subject property is designated "Employment Areas - General Employment" within the Brock Industrial Neighbourhood; - this designation permits manufacturing, assembly, warehousing, storage of goods and materials, transportation facilities, offices and retail sales as a minor component of an industrial operation; Schedule II of the Pickering Official Plan - "Transportation Systems" designates Clements Road and Church Street as Type C - Arterial Roads; - the applicant's proposal would implement the "Employment Areas - General Employment" designation in the City's Official Plan; ZoninQ Bv-Iaw 2511 - the subject property is dual zoned "M2S-1" - Truck Stop & Restaurant Zone by By-law 2511, as amended by By-law 5836/01 and "M1" - Storage & Light Manufacturing Zone by By-law 2511; - this zoning amendment application is subject only to the eastern portion of the property which is currently zoned "M 1 "; Land Division Application LD 267101 will severe the "M1" portion of the subject property from the "M2S" portion; - the applicant is requesting to amend the "M1" zoning of the subject property to permit outdoor storage associated with a roofing supply business office and warehouse. RESULTS OF CIRCULATION Resident Comments no written resident comments have been received to date; AQencv Comments no written agency comments have been received to date; Information Report No. 22-05 A rTACHIVIENì 11_:2 TO REPORT II PO IÓ ._~ 43'-" Page 3 1. .;j 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: . the compatibility and the appropriateness of the proposed outdoor storage with the existing built form; . the examination of the preliminary site plan to ensure adequate site function; . the examination of building location on the subject property to ensure that the building is as close to Clements RoadlChurch Street as reasonably possible in order to adequately screen the proposed outdoor storage component of this business from the street; . the fulfillment of the City of Pickering and the Region of Durham conditions of approval for LD 267101; . proximity to environmentally significant area and the requirement for TRCA approvals; . the examination of this application to ensure that it is consistent with the polices of the 2005 Provincial Policy Statement; - this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. PROCEDURAL INFORMATION 5.0 - 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 Councilor a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 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; ~ ~4 .lJ ." Information Report No. 22-05 ATTACHMENT II DF;'(iR1~¡ po. 3 TO Iv. -o~ Page 4 6.2 Information Received - copies of the Applicant's Submitted Plan prepared by Barry Bryan & Associates Limited, and a Phase I Environmental Site Assessment prepared by Winchurch Environmental Inc. are available for viewing at the offices of the City of Pickering; Planning & Development Department; 6.3 Property Principal The owner of the property is 1504063 Ontario Inc. (S. Aggarwal), the applicant is Wencray Holdings Limited and the agent for this application is Arnold Mostert of Barry Bryan & Associates. ORIGINAL SIGNED BY ORIGINAL SIONBo BY Geoff Romanowski, CPT Planner II Lynda Taylor, MCIP, RPP Manager, Development Review GXR:jf Attachments Copy: Director, Planning & Development ATTACHMENT I. REPORT I PD 'i TO lei -c,<o .. 3,- 1. ~) APPENDIX NO. I TO INFORMATION REPORT NO. 22-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1 ) none received to date ATTACHMENT#._..!f _"~TO HEPORT # PD---..1.C2:.=O~.=~~,"" Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, October 20, 2005 7:00 P.M. (I) ZONING BY-LAW AMENDMENT APPLICATION A 23/05 WENCRA Y HOLDINGS LIMITED 2000 CLEMENTS ROAD PART OF LOT 15, B.F.C., RANGE 3 (40R-6080, PART 1, 5) í9JY OF ~ 1. Geoff Romanowski, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #22/05. 2. Arnold Mostert, Barry Bryan & Associates, agent for Wencray Holdings Limited advised that they were present to answer any questions and submitted letters of support for this application from: Mark Goreski, Goreski Roofing & Lathing Ltd. Tony Tedesco, AMA Roofing & Sheet Metal Tom Moffatt, Moffatt Bros. Roofing Ltd. David Sullivan, D. Sullivan Condominium Service Dave Barr, Roofing Siding Sheetmetal Ltd. Segar Aggarwal, Bonamax Realty 3. The following representativeslagents for Wencray Holdings Limited requested their names be included as attendees: Craig Glynn, Wencray Holdings Wendy Spragge, Vice-President, Spar Marathon Dana Coverdale, Director, Sales & Marketing, Spar Marathon Steve Bronetto, Bonamax, Strategic Advisor, for Wencray Holdings - 1 - ATTACHMENT#--~==30 EEPORì # PD,,".._.JQ..:Q~I£_. 137 I I' I II I I r;A~~~9 8 7.1445 ROOFING SIDING SHEETMET AL LTD. 66 Metcalf Street, RR.#8 Newcastle, 00, LIB 1L9 Toll Free: 1-800-987-1445 Fax: 905-987-3838 wwwbarrsroofing.com 8ARRSR~ S~é\o1.com I ~eptember 11, ;¿uo~ The Corporation of the City of Pickering One The E:;;planade Pickering, Ontario, Canada L 1V 6K7 rRECE~VED OCT 2 6 2005 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Pickering Town Council To whom it may concern, I was glad to hear SPAR-Marathon MAYBE EXANOrNG TO A BIGGEF: Pickering Site. This would be good news for me and helps my finn be more competitive. I will no longer have to drive as far to pick up my supplies. We have been doing with business with SPAR-Marathon for many years and have founci them to be .3 good competitive reliable supplier to roofing industry. I am behind anything new that they can do to improve their level of service to my company. I also want (0 wish SPAR-Marathon good luck on their expansion plans. Yours truly g~ Dave Barr President c.c. Craig Glynn, President. SPAR-Marathon -. -41 ~O : -. . .l'J¡Q !.,." -q D. SULLIVAN ". CONDOMINIUM SERVICE DIV. 654946 ONT. INC. ;J--~.~~.~ - I ! ; - r ! ~ - ATTACHMENT #-.J¿_~TO r\EPORT Ii PD-_..lg:C:12,.,."..~..~. ft~ E t?'-& BE. [j Vì E" IF'm ¡jjfl1 ~ \í'~ ~,~ r1 ',.;", Li/ OCT 2 6 2005 CITY OF F'!Cí(ERII\JG PLANNING & DEVELOPMENT DEPARTMENT September 13\ 2005 Mr. Charlie Ayers Sales Manager SPAR-Marathon Roofing Supplies 3689 Weston Road Weston, Ontario M9L 1W4 Re: SPAR-Marathon New Pickering Site I was pleased with the conversation we had regarding your expansion plans to a new Pickering location. As you had mentioned, it would allowSPAR-Marathon to offer a much larger selection of inventory as well as increased quantities. This will be a great improvement for all the local roofers in the eastern end of the G.TA as well as areas east of the city. Most of the work I do is in the eastern region and having this large facility would make my job easier and more cost effective without having to travl~' into the Toronto area. I would like to wish SPAR-Marathon all the success and continued support to the roofing industry. Sincerely 5310 Finch Ave. E.. Unit 32. Scarborough. Ont. M1S SEa. Ter 609-0011.' 509-D1Q:). Fax 609-0564 IndustriB/ 13 9 Commec-cial Institutional 1-888-2~!:5-2294 PrO1JÚÍmg tim.eCy, quality, roof sm;iœ wor{since 1985 125 Densmore Rd. Cobourg Ontar'jo K9A 4.19 Septemlber 12,2005 ¡RECE~VED OCT 2 6 2005 The Corporation City of Pickering One The Esplanade Pickering. Ontario, Canada L 1V 6Ki' CiTY OF PiCKERING PLANNING & DEVELOPMENT DEPARTMENT Pickering Town Council To whom it may concern! SPAR-Marathon has told me they wish to expand their Pickering Operation and move to a new si~e that needs to be rezoned. They telf me that they will be adding several delivery trucks and inventory to their sites. They have also mentioned that their yards in Weston and Toronto are at capacity and this new yard will help bring us better service. , have been dealing with SPAR-Marathon for many years and find them to be a good company that specializes in service and product availabJity. We at Moffatt Brothers Roofing LId feel it is in the City of Pickering's intere~;t to re-zone the site t~at SPAR-Marathon has chosen ~ then have ~hem move to Ajax or Oshawa. SIncerely. ~// . .- . / /. ø" ."",,"'-: .~ Tom MOI~tt / ~~ . preSiden/ / c.c. cJllÍ9 Glynn, President, SPAR Mara 140 - ..... ATTACHMENT I ~ REPORT # PO ~~7.::W~ .:::;. ~ ~ 8 TO If) "C(.:7 ROOFING & SHEET METAL 980 Alliance Road ,Unit #2, Pickering, Ontario llW 3M9 . Tel: 905-837-9990 . Fax: 905.837-8885 . Emaíl: amaroofing@Jbellnet.ca September 9, 2005 RECE~\fED) 0 C1" Z f; 2005 The Corporation of the City of Pickering One The Esplanade Pickering, Ontario, Canada L1V 6K7 CITY OF PICKERING PLANNING 8. DEVELOPMENT DEPARTMENT Pickering Town Council Dear Sir/Madam, SPAR-Marathon has informed me thatthey wish to expand their Pickerlng operation and move to a new site that needs to be re-zoned. This would be a great improvement to the level of service that they currently offer with more storage space and easy access. , have to rely on their Weston Operation for my larger purchases and only use their present location for smaller ordern. If and when they get this larger facilìty in my neighbour it would be an excellent benefit to my business. I like to support business within my community and this new site would make it easier for me to stay within the city. If you have any questions or issues with this please don't hesitate to contact me. c.c. Charlie ,\yers. Sales Manager, SPAR~Marathon ......~~... ATTACHMENT #-3==~lfj ~~~~T#PD Il>-:P~. 141 øaEKI August 17, 2005 R.ECEJVEt) Dana Coverdale Director 0 f Sales and Marketing SP AR-Marathon Roofing Supplies;' . 3689 Weston Road Weston, ON M9L IW4 nCT 2 6 ¿OOS ." r-:. ,"'¡(""'f,FtlNG CITY .t:tc f~[\~â.òPMENT '"')1 AN \ ¡!-h." ,.,.J .-NT .. nEPt,ÇITi-,k RE: Rc-zoning of SPAR-Marathon new Pickering site Feel ÍÌee to give this Jetter to the To;wnpfPickering pJanning department. r am in favour of SPAR-Marathon relocating to a larger site a Pickering. The added inventory and more delivery trucks wilJ provide me great service to satisfY ow' customers. A lot army work is in the Pickering\Ajax area and it will be easier than dealing with my supplier in Oshawa. If you have :any questions please do not hesitate to contact me at (905)723-9022. Yours truly, For Goreski Roofing and Lathing Ltd. ~ Mark Goreski (90S) 723.9022 GORESKI ROOFING AND LATHING LTD. 133 TAUNTON AD, W. 1/18 OSHAWA L 1 G 4X9 ;1' .w -"-'-'-----..--.----- .---- 142 ATTACHMENT II REPORT # PO /D" TO 10'-010 Oc1Qbcr 3. 2006 \\O~.. fl""..¡-'E.= ~ V E [j) \0. ¡¡;; ~.# L.~'"' t3 OCT 2 6 2005 Y OF PiCKERqNG ¥~INN'NG 8, DEVELOPMENT DEPARTMENT Mr. Crslg Glynn YVencI1lY HoIdi1gs lid. 010 aper Roo«ng & Metll Suppliel Limited 3689 WØI~ RoBd, \Neslon. ON L19L 1W4 Re; 2000 Clemems RoBes, Pld<øring, Ontario DeAr Mr. Glynn, Furth!!!' 10 ollr OT'Igolna dtacuuiona p the seller at the BlIs located on ClementS Road at Chun:h Stl1J9l. Pickering, Onhtrlo. we hop. to fin81iz8 on c/c9ing 1t'113 &ale ~n. ,... pll1 of your requIrement to purc:h1Øð my ~er1Vrou have made en application fO1 rezoning ofth,land. At detcrlbe¡j to u. in thcae dI8CUt8!ot\S iR"d 91nce you 8 lace! bUSJni!11 alrNdy, wt C<in agree U18\ your proposed butiftee8 U8e would be ~pllble to U8 . you next door nelghb~ur. If we C8n b~ h.~M in anyway, pleaee let us know. Yo~:a 1r.¡ty, V ,'At 4- ~. Søg_l\ggalWGI 0 c.(.- c~ (~Ç- c.c. SsIWl~ Singh GO5o3I - RlICCloppo Zuber coet(eeI DIonne LLP S1e )h"n Bronetto - eonaMBJr Really Inc. DeMic Bryan - 8m1Y, Bryan Associates (1 ~91) Limited fR~C!EI'V!f!ð Ocr 2 Walker, Nott, Draglceltic " a 200SAssociat9& LImited CiTy Planning fPLAtvN"O¡::: PIC/{- Urban OB61gn o~c:.~ OE:VE:L8t!!~GJronmBntal Ass866ment "FlTME:flJì ,..E;1\J1' ArrACHME~IT # {/ TO HEPORï il PO <._Jl~~:Db.__-----_. October 20, 2005 City of Pickering Planning and Development Department One The Esplanade Pickering, ON L 1V 6K7 Attention: Mr, Geoff Romanowski Planner Dear Sir: Re: Zoning By-Law Amendment Application A23/05 Wencray Holdings limIted, 2000 Clements Road City of Pickering We are planners for Runnymede Development Corporation Limited, with respect to lands which they own in vicinity to the property subject of Application No, A23/05. Runnymede is also the beneficial owner of a property adjacent to the subject lands. We have reviewed Information Report No. 22-05 and offer the following comments regarding the proposed development. In principle, the proposed development merits Our support, however specific details need to be clarified and resolved. We are in general agreement with staff comments from the Information Report. It is essential that compatibility and appropriateness of the outdoor storage with respect to built form on the subject property and adjoining lands is achieved. Staff indicate the need "to adequately screen the proposed outdoor storage component of this business from the street", however this is only proposed through building siting and there Is no mention of impacts on adjacent properties. As a result, we propose that appropriate solid screen fencing and accompanying landscape techniques are utilized around the outdoor storage area in order to help enclose it appropriately and ensure there are no negative impacts on adjacent properties. Furthermore, the location of the building footprint should be specified in the zoning schedule in order to achieve the level of screening that is depicted on the submitted site plan. It is noted that the .concept" site plan, does not provide setback dimensions for the proposEtd development. Therefore, it is important that an appropriate building footprint is established via site specific setbacks through the rezoning process in order to ensure the building is oriented to the street and side yards, thus helping tCI screen the outdoor storage area from the street. In addition, on the applicant's submiHed site plan, a large portion of the site is illustrated as "Outdoor Storage Area". This storage area space should in our opinion be limited in scale and loc:ation through specific reference On any approved zoning schedule applicable to the property. This will clarify the storage ~4f";¡., J.. ~J ~}3;;:Æ :~::::.~-:-;...../< Æ~ ::-./:'/::;:/"/ /..~~ w.~ ~/./~/h~~--:~~ .-:/ /:/':"'~~~-<-~%~ <'<'--""<~-~% ,- .,.:-::..::::-;:>~~~~~?, <///~~ ,..' :;.-- ", 97' 172 Sl. George Street Toronto, Ontario M5R 2M? Tel. 416/968-3511 Fa~. 416/950-0172 e-mail: admln@wndplan.œm web: WWw,wndolan,c2ll! P,I..!!. WI."', FCIP, RPP W.n~y Nit!, FCIP, RPP Rob,n A. Orlgle.8.lc, MCIP, RPP PnnC pof, J...nc.w", ..RAlc, 0..... GIoga/y J. Do/y, MCIP, RPP ""_'0 Pr1~. Mlnno COlley C"".II.. I'.~ ~ it'ù... ~ nil ~. ¡¡-~ In t!= 't;,ø !I<,;. 'J """ iidI ATTACHMENT #~ J/ TO nC"í 1 0 ZO05 REPORT 11 PO /O'~2..- 14 4 Mr, Geoff Romanowski Page 2 City of Pickering, Planning & Development Department 05.676 area location and prevent it from spilling out in close proximity to adjacent properties or the street. An alternative to ensure the storage area is properly defined would be to include performance standards in the Zoning By-Law that control the area, height, and yard setbacks associated with open area storage uses. Below is an example of wording that could be used in the amendment: Part Lot 15, Range 3 Notwithstanding the provisions of subsection 16.1,3, an outdoor storage area shall be permitted on the lands designated 'M1' on Schedule 'A" hereto and located in Part of Lot 15, Range 3, subject to the following provisions: a) the use of the outdoor storage must be associated with the roofing supply business office and warehouse operation 011 the same lot; b) the outdoor storage area shall be enclosed by solid screen fencing and landscaping or both as determined by the City of Pickering Planning and Development Department through site plan contrel; c) Area Requirements: i) Maximum Area of outdoor storage area ill Minimum rear yard ::etback to outdoor storage area III) Minimum side yard setback to outdoor storage area iv) Minimum front yard setback to outdoor storage area v) Minimum setback from building wall to outdoor storage area vij Maximum height of any object in outdoor storage area xx sq. m ;XlCm xxm X¡{m ¡{xm xxm This type of amendment would ensure the visual quality of the property is improved while preventing adverse impacts on adjacent properties. It is clear that if the proposed site plan was approved "as is", it could be interpreted that outdoor storage is permitted anywhere on the subject property. From staff comments we assume this is not the expectation. Also, we note that landscaping on the submitted site plan is limited. The City should ensure through the site plan process that adequate landscaping is provided to effectively buffer the outdoor storage from the street and from adjacent lots. We ask that you incorporate these considerations into your assessment of this application. Please add us to the list of interested parties to enable us to receive /~..->. ..../..../- /' ./ ./ ./..../../ ~:.......-;~./::@. . ~/---: - .-,.,:. ~ :~~~~}.~.:~ ./ /.../ .... ~..~~~- - ~?/.// %§~~~~~ - /~~/..:::,/ .//~ '-' ATTACHMENT#-1L-ro REPORT II PO I{l-L¥.? Mr. Geoff Romanowski City of Pickering, Planning & Development Department all future decisions and notices regarding this application. Yours very truly, WALKER, NOTT, DRAGICEVIC ASSOCIATES LIMITED Planning' Urban Design' Environmental Assessment ~~, ~p~ Associate Principal copy:: Rodger Miller Page 3 05.676 ~ECEI'VED 411fj- 1: rlf" ~J nCi 2 0 2005 '-"TY OF PICKERING ;;','ANNING 8< DEVELOPMENT - rJEPARTMENT ,,/ 0 - /'o':;>;;::~~// all/// ø ;/;>:: ../ //~iÍff¿ ~~::::¿~ ;..:/;/;:::::;-..~~ //.>::>;:.-:;:~.~ /;:~:?(~~ "":--;:fß~'V 4. 4\"'> 1. 0 ATTACHMENT II_. L;¿ -,='(0 REPORT # PD-"2.:.~__._.. CROSSBY-DEWAR PROJECTS INC. October 24, 2005 City of Pickering Corporate Services Department Clerk's Division Pickering Civic Complex One The Esplanade Pickering, Ontario LlV 6K7 Attention: Debi A. Bentley, CMO, CMM III Re: Zoning Amendment Application - A 23/05 Wencray Holdings Limited Dear Ms. Bentley, We are currently in the process of developing property on Silicone Drive and will have a view of the subject property from our facility. I would ask that the property owner include landscaping on the north west corner of the property to hide from view the proposed storage building and outside storage area. If you require any further information regarding this request please contact the undersigned. Regards, ~ C'j' '} "1 '){J!Jf-; U ,.. i '-' '.I CITY OF P¡CKEfHNG \?LANNING & DE\I~L~PMENT , DEP,'.\;:¡YMU\\ r ~~, 4.C}.' ~. .. q;,. "" '('V.\~:ð ~ J.,. ":. (/þ "'~. 0... '('";;. á~-;'";) '?>. ""I' ..... '<r' ~. ~ A).)" <\jJ ~Q ~.l'l..if'4}:~"'e;.'~ . ~o:.t.. ~ ~{1b, - ~. '2'~ .. 'by- ~ Administration Manager Crossby-Dewar Projects Inc. , He"'" "".., I""'" ~ ~~JJ F- tf\\j I;E..;~ tb ( 1>. 'e ß ~ r." 9d, I) ~ f [;... '11=, ß.."," , cc. Geoff Romanowski, Planner II Ian Morton, General Manager CDPI Greg Martin, Project Manager G.V. Martin,Associates Limited 896 Brock Rd. S., Unit #8 G:\Users\Dori\Word Documents\Crossby Dewar\Dori's Notes\193S Silicone Drive\City of Pickering, ON Pickering Zoning Amend A 23 OS.doc L1W 1Z9 TEL [905] 831.0675 FAX [905] 831.0767 The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E . 4TH FLOOR PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ region.durham.on.ca www.region.durham.on.ca A.L.Georgieff, MCIP, RPP Commissioner of Planning ,,' .", "ServIce Excellence fo( cìùrCo"]munities" October 21, 2005 ATTACHMENT # 1"3 - .'fO REPORT I PO ID& .., 4..... .1 ( R' E""" C' ~, E,'~ ;]1:\V" ':F'" 1\"'" '. ,', . ,-"'" ill. 1';>7'" ~ ì1 , ,'" :,t" ~'!,;, ,M., ""'," ~:"'.' Geoff Romanowski, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 (J' C ,,1- ? (; ? n r) r¡ ,.. u "0"" CITY OF PICI,EHiNG PLANNING & DEVELOPMENT OEPÞ,RTMENT Mr. Romanowski: Re: Zoning Amendment Application A23/05 Applicant: Wencray Holdings Limited Location: Part Lot 15, BFC. Range 3; 40R-6080, Part 1,5 2000 Clements Road Municipality: City of Pickering This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property to permit a roofing supply business office and warehouse with associated outdoor storage. ReÇlional Official Plan The lands subject to this application are designated "Employment Area"in the Durham Regional Official Plan. Employment Areas are to be used for manufacturing, assembly and processing of goods, services industries, research and development facilities, warehousing, business parks, limited personal service uses, hotels, storage of goods and materials, retail warehouses, freight transfer and transportation faèilities. The proposed uses may be permitted within the Employment Area. Provincial Policies & DeleQated Review Responsibilities This application has,been screened in accordance with the terms of the provincial plan review responsibilities. A Phase 1 Environmental Site Assessment prepared by Winchurch Environmental Incorporated indicated that there is low potentialfor environmental impact of the subject property due to current/historic úses at, and in the vicinity of the subject property. No additional environmental work is recommended. There are no other matters of provincial interest applicable to this application. ReQional Services Sanitary sewer services are available to the subject property from Church Street. Municipal water supply is only available to the subject property through the extension of a 300 mm watermain along Clements Road. The applicant will be responsible for all costs associated with the required extension. . @ 100% Post Consumer 4IAjO J!."tÖ A IT ACHMENT 1...J.:J==~rð REPORì u PD___ll¿:j;!b==,"~~"~.""., . Page 2 If you have any questions or require further information, please do not hesitate to contact me. (1 m ~ Jw1/{ Dwayne Campbell, Planner Current Operations Branch cc: Peter Castellan, Regional Works Department N : \pi mId ell 00 i 0 9 IC omme 0 Is IP i ek e ri 0 9 \A2 3 -0 5 . d oe {' r-rN;HfJiEi\r!;/ /4- '¡':?OR"¡ ')D....,.IÞ.~tJb ,Cönsêrvãiíon for The Living City ,r' '..' R~ OCT 2 8 2005 October 27, 2005 CITY OF PLCKf..RING PLANNI~D DEVELOPMENT DEPARTMENT' -.--= BY FAX AND MAIL Mr. Geoff Romanowski, Planner II City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L1 V 6K7 Dear Mr. Romanowski: Re: Zoning Amendment Application A23/05 Wencray Holdings Limited 2000 Clements Road Part of Lot 15, 8.F.C., Range 3 City of Pickering Please note that the Toronto and Region Conservation Authority (TRCA) is in receipt of the above-referenced zoning by-law amendment application. Staff has reviewed the application and offer the following comments. Background The subject property is located at 2000 Clements Road, south of Bayly Street and east of Squires Beach Road, in the City of Pickering. It is our understanding that the applicant wishes to amend the zoning of the subject property to permit a roofing supply business office and warehouse with associated outdoor storage. The existing zoning on the property is dually "M2S-1" - Truck Stop and Restaurant Zone and "M 1 ". Storage and Light Manufacturing. The application pertains to the "M 1" portion of the property. The subject property has been discussed with respect to other applications, namely the extension of Clements Road, through to Church Street. Applicable Regulations and Policies The subject property is partially located within the TRCA's Fill Extension Area of the Duffins Creek Watershed and a tributary of the Duffins Creek traverses the northeast corner of the subject site. The tributary of the Duffins Creek that traverses the subject site connects to a Provincially Significant Wetland (PSW) that is approximately 230 metres from the subject property. The purpose of the Fill Line Extension Area is to identify valley and stream corridors that are currently not included in the registered Fill Schedules iisted undeï Ontario Regulation 158 (Fill, Construction and Alteration to Waterways). The proposed Fill Lines are in draft form only and have not been approved by the Province. However, the TRCA regulates alteration to watercourses and any construction within their Regional Storm Floodplains. The subject property is entirely designated an Environmentally Significant Area (ESA). As referenced in Section 2.1.4 of the Provincial Policy Statement (PPS, 2005) no development or site alteration shall be permitted within significant woodlands or wildlife habitat unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. Site-Specific Comments In accordance with Ontario Regulation 158 (Fill, Construction and Alteration to Waterways) a permit is not required from this Authority prior to works taking place on the subject property. However, as the subject property is entirely located within an ESA, the TRCA requires that the applicant conduct an Environmental Impact Study (EIS) prior to the approval of the zoning application, in order to allow for protection of the sensitive portions on the subject property. The EIS must clearly identify how ecological impacts are to be F:\Home\Public\Development Services\Durham Region\PiCkering\A23-05 2000GlementsRd GofP 10-27-05.wpd 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca ~.O"""'.'< ;~l .~.. 150 .ATTACHMENT #.. I.LJ... JO HEPORl' ii PD__.._..H¿,jdf)~,_.~",... Geoff Romanowski - 2 - October 27, 2005 mitigated for the preservation of ecological form and function with respect to any proposed development on the subject property. Given the environmental significance of the site, the TRGA cannot adequately assess the proposed zoning by-law amendment application until the EIS has been received and reviewed. Recommendations in light of the above, please note that the TRCA is unable to support the application until an EIS, prepared in accordance with TRCA EIS Guideline Requirements, has been submitted for our review and approval. We trust this is satisfactory. Should you have any questions do not hesitate to contact Susan Robertson at extension 5370. ~'~ Chris Jones, Plans Analyst Planning and Development C.C. Dwayne Campbell, Regional Municipality of Durham CJ/sr F:\Home\Public\Development Services\Durham Region\Pickering\A23-05 2000ClementsRd CofP 10-27-05.wpd /SfP ATTACHMENT #"00" ""D"-7'::. ,.J REPORl # PD_..!£;.:_2,,"--- J(:õRñsêrvaoon for The Living City November 23, 2005 "',-'11 E'",.,"',' «}',~','è ~;~,','."", fl,' '~'j,J ~\,',":"- [',J"1':,,-, ~), ,."" 'f fr""'!i!i \' ~,"" " \'1 --,,;rdJ' Œl"",,~) " ,",,-'" " ' ..., 5"" 1. ,.t BY FAX AND MAIL .,,\\-',O"\Oiìh i'J (j V L .,' !. VoJ CITY OF P¡GI<ERjNCì~REFCFN 32209.05 ¡:)lANNING 13.. DEVELOPMENT ,. DEPÞor-rrMEf\\T Mr. Geoff Romanowski, Planner II City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L1 V 6K7 Dear Mr. Romanowski: Re: Zoning Amendment Application A23/05 2000 Clements Road City of Pickering (Wencray Holdings) Furtherto the Toronto and Region Conservation Authority's (TRCA) correspondence dated October 27,2005 (copy enclosed) regarding the above-noted zoning by-law amendment application and BBA Ltd.'s correspondence dated November 2, 2005 (copy enclosed) please note that the TRCA would like to offer the following additional comments. The subject property is an Environmentally Sensitive Area (ESA) as recognized in previous correspondence and review. However, in consideration of the existing dual zoning on the subject site: "M2S-1 II Truck Stop and Restaurant Zone and "M1" Industrial Zone by By-law 2511, and that the subject zoning by-law amendment application is a minor amendment to the permitted uses, within the M1 category, as well as recent works within close proximity to the subject property (construction of stormwater management pond and extension of Clements Road to Church Street) the TRCA has no objections to the zoning by-law amendment application. However, prior to the issuance of the site plan application, TRCA staff request that the applicant submit an Environmental Impact Study (EIS) in accordance with TRCA EIS Guidelines, to the TRCA, for review and approval. We trust that this is satisfactory. If you have any additional comments, please contact Susan Robertson, Planning Technician, at extension 5370. C.C Arnold Mostert, BBA Ltd. (Fax: 905.666.5256) Enc!. RW/sr F:\Home\Public\Development Services\Durham Region\Pickering\A23-05 2000Clements Co!P 11-23-05.wpd 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca ;ij}; '0_' ¡fC ð ~s ê (vii fío n for The Living City December 21, 2005 ATTACHMENT #_=~f¡Z."~-".¡lJ REPORT # PD---'Q::.t26.._._...~ rf:~ ..X:.'" "-."";'>. ;h ~ ~",? '..1 " \;J CFN 32209.05 BY FAX AND MAIL (fax 905.420.7648) c' t Mr. Geoff Romanowski, Planner II Planning and Development Department City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L1V 6K7 (('try OF Pilt),<EFi¡Nqi ,P;'~NN!NG 13, ()Eva.qF~J1EN r . v DE.!')'f-n-~JI;::Nl Dear Mr. Romanowski: Re: Zoning By-law Amendment Application No. A23/05 2000 Clements Road City of Pickering Wencray Holdings Further to our previous correspondence, dated November 23, 2005 (copy enclosed) TRCA staff and the landowner of 2000 Clements Road visited the site on December 14, 2005 in order to gauge the environmental significance of the property with respect to the proposed development. Given the current zoning of the subject property for industrial use and that the Environmentally Sensitive Area (ESA) is now bisected through the construction of Clements Road, staff recognize that an EIS is not required for the subject proposal. Therefore, we would have no objections to the zoning by- law amendment application, as submitted. However, TRCA staff are concerned about the development of Part 7, south of the realignment of Clements Road and are of the opinion that this land should be protected in perpetuity as it remains an integral part of the ESA within the Duffins Creek Watershed. In light of the above, staff recommend that a resolution of council be put forward to obtain the lands tothe south of 2000 Clements Road [referred to as Part 7 on the land severance application (LD 267101)] as open space, in order to offset the impacts of the development of the road and the construction of the subject property, and in order to bolster the integrity of the natural heritage system within the ESA. . . If you requireany additional information, please RW /sr Enclosure F:\Home\Public\Development Services\Durham Region\Pickering\A23-05 2000ClementsRd Sitevisit ColP 12-20-05wpd.wpd 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca .-a\ .~. ÞTTJ\CHrv1EN1 #---12- TO HH'ORI Ii PD. /0 -O~ 151 I- W 0 W <{ 0:: a I- 0:: COPPERSTONE DRIVE (f) w I ~ U a: a: a ::J I U ~ I SILICONE DRIVE ~ u < w SUBJECT CD w f LANDS~ z 0 f- (/) a: w a.. 2000 . a.. LANDS I 0 CLEMENTS u SUBJECT ROAD TO A 23/05 . ~ I . @ I CLEMENTS ROAD :1 LANDS ! EQUESTED . I BY T.R.C.A. . 40R-6080, I PART 7 (f) i ~ W 0:: ~ - :J I a (f) . @ I i þ I . I City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART LOT 15, B.F.C. RANGE 3, 40R-6080, PART 1 & 5 OWNER 1504063 ONTARIO INC. DATE: JAN. 23, 2005 DRAWN BY JB FILE No. A 23/05 SCALE: 1 :5000 CHECKED BY GR l' aT~'a::;cÊ~¡.,P';... Inc. and ;t. .uppu.,.. All ';oht. R...",.d. Nat a plan af .u"'.y. 200" "'PAC and ;t. .u pH.,.. All ,; ht. R...",.d. Nat a Ian ar Su",. . PN-4 154 CitJ¡ (]~ REPORT TO EXECUTIVE COMMITTEE Report Number: PO 13-06 Date: February 27,2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 11/05 J. & B. Bayes and T. & A. Costar 823 & 827 Sheppard Avenue (Part of Lot 27, Range 3, B.F.C.) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 11/05, be APPROVED to permit the development of a maximum of eight townhouse dwelling units, as submitted by 816 Kingston Road (Pickering) Limited on behalf of J. & B. Bayes and T. & A. Costar, on lands being Part of Lot 27, Range 3, B.F.C., City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/05, as set out in Appendix I to Report PD 13-06, be FORWARDED to City Council for enactment. 2. Executive Summary: The applicant is requesting a change to the zoning of the subject properties to permit the future development of a maximum of eight townhouse dwelling units fronting onto Sheppard Avenue (see Location Map and Conceptual Plan, Attachments #1 and #2). The proposal complies with the City's Official Plan, and approval of this application will zone the properties in the same zoning category as was recently approved by Council for an abutting residential development block to the west of the subject lands. The boundary of the proposed zoning includes a portion of the Sheppard Avenue road allowance adjacent to the subject properties. A formal request has been submitted by the applicant for the return of the road allowance, which will be reviewed through the City's land disposal process. The proposed development will not significantly increase traffic along Sheppard Avenue, and adequate parking will be provided for each townhouse unit. The City's requirements respecting development of the subject properties will be addressed through conditions of any future development applications. Report PO 13-06 Subject: 823 & 827 Sheppard Avenue (A 11/05) Date: February 27, 2006 Page 2 41 5:"'" .1 ;:t 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 June 16, 2005, Public Information Meeting Several residents appeared at the meeting and expressed concern regarding traffic and parking along Sheppard Avenue (see text of Information Report and Meeting Minutes, Attachments #3 and #4). 1.2 Following the Public meeting A property owner west of the subject lands (787 Sheppard Avenue) provided written comments in opposition to the proposed townhouse development along Sheppard Avenue, and expressed concern that this type of development is incompatible with the existing detached units on Sheppard Avenue and will create parking problems (see Attachment #5). A property owner north of the subject lands (838 Sheppard Avenue) provided comments expressing concern regarding the number of townhouse units being proposed along the south side of Sheppard Avenue, the incompatibility of the townhouses with the existing detached units along Sheppard Avenue, and traffic and safety concerns (see Attachment #6). 1.3 Agency Comments Durham Region Planning Department . the proposal is permitted by the policies of the Regional Official Plan; . a noise and vibration study will be required to identify the impacts of traffic and train noise on the proposed residential development (see Attachment #7); Veridian Connections . no objection (see Attachment #8); Toronto and Region Conservation. no objection (see Attachment #9); Authority R~gJ'ÞD 13-06 Date: February 27, 2006 Subject: 823 & 827 Sheppard Avenue (A 11/05) Page 3 1.4 City Departments Municipal Property & Engineering . no objection; . the extra trips generated due to the proposed townhouse units would not have a significant impact on the two adjacent intersections on Sheppard Avenue; . the introduction of additional driveways may result in operational impact on Sheppard Avenue as the sight distance is the minimum required for a 50 km/hr speed limit; (see Attachment #10); Fire Services . no objection (see Attachment #11); 2.0 Discussion 816 Kingston Road (Pickering) Limited on behalf of J. & B. Bayes and T. & A. Costar, proposes to amend the zoning by-law in order to permit the development of a maximum of eight townhouse dwelling units on the lands known as 823 Sheppard Avenue and 827 Sheppard Avenue. The properties are located on the south side of Sheppard Avenue between Whites Road and Fairport Road, and each lot currently supports a detached dwelling (see Location Map, Attachment #1). The surrounding land uses include existing detached dwellings to the north and east, and vacant lands to the south and west. The abutting vacant lands are subject to Draft Plan of Subdivision SP-2004-01 and Zoning By-law Amendment Application A 01/04, which were approved by Council in 2005 to allow for future commercial development along Kingston Road and townhouse units fronting onto Sheppard Avenue. The proposed rezoning complies with the City's Official Plan. 2.1 Revised land use designations for the Northeast Quadrant were approved through Amendment #10 to the Pickering Official Plan in 2002. The subject properties were re-designated Mixed Use Areas - Mixed Corridors within the Woodlands Neighbourhood, and are subject to the Northeast Quadrant Development Guidelines. This designation permits, among other uses, residential development. The policies for this area require buildings along Sheppard Avenue be close to the street edge with front doors facing the street and the height of dwellings fronting Sheppard Avenue are to be restricted to two storeys. Report PD 13-06 Subject: 823 & 827 Sheppard Avenue (A 11/05) Date: February 27,2006.. 5,..., 1. ( Page 4 The applicable design guidelines will be implemented through the review of a siting and architectural design statement that will be required as part of any future development applications. 2.2 Zoning the subject properties the same zoning category as the abutting property to the west provides for compatible development. The proposed "SA-10" - Single-Attached Dwelling Zone is the same zoning category that was approved for the abutting property to the west through Zoning By-law Amendment Application A 01/04. It is anticipated 16 townhouse units will be constructed on these abutting lands, fronting onto Sheppard Avenue. The performance standards that will apply to the subject properties under the proposed zoning continue to implement the development guidelines for this neighbourhood, and are generally outlined in Appendix II. Zoning the subject properties the same category as the existing zoning to the west provides the opportunity for consistent and compatible development. The introduction of townhouse development on the subject properties will not adversely impact the streetscape or character of the neighbourhood. With the rezoning of these lands, the existing dwellings will hold lawful non-conforming status. 2.3 Adequate off-street parking will be available for each townhouse unit. The proposed zoning contains a provision which requires the parking garage for each townhouse unit to have a minimum length of 11.0 metres. This requirement was established by Council through the approval of the Zoning By-law Amendment application for the abutting townhouse development to the west, and allows for a vehicle to be parked in the garage while still providing additional space for storage. This provision will be implemented through the building permit process and must be incorporated into the design of the future townhouse units. In addition, special consideration will be given to the sidewalk siting in the boulevard along the south side of Sheppard Avenue to ensure the driveway length between the sidewalk and the garage entry is maximized. 2.4 The proposed development will not significantly increase traffic along Sheppard Avenue. A Traffic Analysis was submitted with the rezoning application. The City's Municipal Property & Engineering Division reviewed the analysis and concurred with the findings. Staff confirmed that the proposed townhouse development will not create a significant amount of traffic along Sheppard Avenue, and noted that the available sight distance along Sheppard Avenue will be the minimum required for a 50 kmlhr speed limit. l~~ort PD 13-06 Subject: 823 & 827 Sheppard Avenue (A 11/05) Date: February 27,2006 Page 5 2.5 The boundary of the proposed zoning has been extended to include a portion of the Sheppard Avenue road allowance adjacent to the subject properties. A formal request has been received from the applicant requesting the return of a portion of the Sheppard Avenue road allowance adjacent to the subject properties. This request has been forwarded to the City's Economic Development Officer for review and consideration as part of the City's land disposal process. A preliminary review of this request by Planning & Development staff indicates this land is surplus to the City's needs. As shown on Schedule I attached to the proposed amending By-law (see Appendix I), the "SA-10" - Single-Attached Dwelling zoning has been extended to include a portion of the Sheppard Avenue road allowance adjacent to the subject properties. The inclusion of this land will not prejudice the land disposal process as the proposed residential zoning will not affect the use of the land for road purposes if it is determined to be required. Should the Sheppard Avenue road allowance be conveyed to the subject properties, an increased driveway length for each townhouse unit could be provided which would allow for additional parking in the driveway. 2.6 All development matters concerning the City will be addressed through future development applications. It is staff's understanding that the proposed development of townhouse units on the subject properties is a long-range plan, and that the existing detached dwellings will continue to be occupied by the current owners of the properties. In order to facilitate the future development of townhouse units, formal development applications such as draft plan of subdivision or consent applications will be required. To ensure the appropriate development of the properties, all requirements of the City will be included as conditions of approval for any future development applications. The future development agreement with the City will address such matters as: siting and architectural design (to address the applicable design requirements such as the two-storey height limit for the front elevation of units fronting Sheppard Avenue); grading; sidewalks; fencing; noise attenuation; parkland dedication; and contributions to downstream improvements, etc, and will be required prior to development occurring. Staff are satisfied that the City's interests can be appropriately addressed and protected through the conditions of approval for any future development applications. 3.0 Applicant's Comments The applicant is aware of the content of this report, and concurs with the recommendations. Report PO 13-06 Subject: 823 & 827 Sheppard Avenue (A 11/05) Date: February 27,2006 Page 6 159 APPENDICIES: Appendix I: Draft By-law Appendix II: General Outline of the "SA-10" Zoning Provisions Attachments: 1 . Location Map 2. Conceptual Plan 3. Text of Information Report 4. Minutes from Statutory Public Information Meeting 5. Resident Comment - J. Ibbetson 6. Resident Comment - I. & C. Moult 7. Region of Durham Planning Department Comments 8. Veridian Comments 9. Toronto and Region Conservation Authority Comments 10. Municipal Property & Engineering Comments 11. Fire Services Comments Prepared By: Approved I Endorsed By: ¿(b-J.n P~~LJ~ ~ Carla Pierini Planner II CP:jf Attachments Copy: Chief Administrative Officer Recommended fo Pickering Cit "'" C".. rJ' .1. u: I', ' APPENDIX I TO REPORT NUMBER PD 13-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 11/05 THE CORPORATION OF THE CITY OF PICKERING ... 6-" i J- BY-LAW NO. .DRAFT Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 27, Range 3, Broken Front Concession, City of Pickering. (A 11/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of townhouse dwelling units on the subject lands being Part of Lot 27, Range 3, Broken Front Concession in the City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-law 6551/05, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE AMENDMENT Schedule I to By-law 6551/05 is hereby repealed and replaced with Schedule I attached hereto. 2. BY-LAW 3036 By-law 3036 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. 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 ,2006. day of \ \ \ \ \ \ \ \ y-\ \ '\- \ \ j \ ~~- \ \ " \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ---\ -<162\ --( \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ o~\) ~ o't ~ (j ~~ l' N SCHEDULE I TO BY-LAW 6551/05 AS AMENDED BY BY-LAW PASSED THIS DAY OF 2006 MAYOR CLERK 163 APPENDIX II TO REPORT NUMBER PD 13-06 GENERAL OUTLINE OF ZONING PROVISIONS FOR "SA-10" - SINGLE-ATTACHED DWELLING ZONE The following provisions are contained within the "SA-10" - Single-Attached Dwelling zone: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) minimum lot area of 160 square metres; minimum lot frontage of 5.4 metres; minimum front yard depth of 4.5 metres; minimum rear yard depth of 6.5 metres; maximum building height of 9.0 metres; minimum one private garage per lot, any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; the required parking garage shall have a minimum length of 11.0 metres; no more than 4 dwelling units shall be permitted to be attached together. .. 6 A 1. Lf -, ATTACHMENT' / TO REPORT I PO i'~. 0 ~'I -- [ \. 0 « 0 e::: ¡:;:¡ ::E AVENUE 0 « 0 a:: STREET en w t: ~ := :I: r= r I- æ 0 a. æ ~ C.N.R. SHEPPARD, 0 .< 0 æ -REET ( ~ ¡>--< y.\G~ ,(~~ City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 27, BROKEN FRONT CONCESSION, RANGE 3 OWNER J.&B~8AYES&T.&A.COSTAR DATE MAY16,2005 DRAWNBY JB FILE No. A 11/05 SCALE 1:5000 . CHECKED BY CP l' "'°<0 o"'ca., . . , T.'on_, En,_,.".I... Inc. ond It. .uþpll.... .., .19"t. "'a"'Yed. No' . þlcn 01 ."rv'Yo 2005 '""PAC .nd It. .u ,,¡;.... All ,¡ "to R....rva.. Not ° Ion 01 S"rva . PN-6 TO (.~) ,fNFORMATIONCOMPILED FROM APPLICANT'S SUBMITTED SITE, PLAN A 11/05 ATTACHMENT # S< REPORT # PO /3., D ..6~ 1., d ,,'... ~""'" : ',' ,~:" t ' '. . ." :"~'::":"""'~~~""':'."". , .. . ...' ,...""":,.,.,,,,:,,"""':'Ä .'.. "'-'.T";;,... " ,': '.' SHEPPARD AVENUE . , '. ;, 1 . '..,;" '; . '. '-""¡ ( MN~' ..".,': .~,.:'.:,¡i;::~:,; :'\,7:é>':~', ,. (\: ' , . " . ;:( ':: ' , , ' " ,:" '.. 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( -~- --- , .' , .. ---~'I l, II ',1 ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING AND DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN SECTION, MAY 16, 2005, 166 ATTACHMEl\Jì # 3 TO REPORT # PO /3 -. c t., Ciú/ c~ INFORMATION REPORT NO. 15-05 FOR PUBLIC INFORMATION MEETING OF June 16, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, RS.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 11/05 816 Kingston Road (Pickering) Limited 823 & 827 Sheppard Avenue (Part of Lot 27, Range 3, B.F.C.) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - 823 & 827 Sheppard Avenue are located on the south side of Sheppard Avenue, west of Fairport Road, and east of Whites Road (see Attachment #1); - the properties are surrounded by an existing residential development to the north and east, and vacant sites to the west and south; - a draft by-law has been prepared for the abutting vacant properties to the west and south of the subject lands to allow for mixed use development including commercial uses and townhomes; - detached dwellings currently exist on the subject properties. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing "R3" - Residential Detached Dwelling zoning in order to permit the development of multi-dwelling horizontal residential uses (freehold townhouses) on the subject properties (see Attachment #2); - the dwelling unit design is to be similar to the proposed townhouses that are proposed immediately to the west of the subject lands. Information Report No. 15-05 ATTACHMENT # 3 TO REPORT ;¡ PO / 3 - D {¿;; 167 Page 2 3.2 3.3 3.4 4.0 3.0 3.1 OFFICIAL PLAN AND ZONING Durham Reaional Official Plan identifies the property as being within the 'Living Area' designation; 'Living Areas' should be developed to incorporate the widest possible variety of housing types, sizes and to provide living accommodations that address various socio-economic factors; - the proposal appears to conform to the Durham Region Official Plan; Pickerina Official Plan - identifies the subject property as being designated 'Mixed Use Area - Mixed Corridor' within the Woodlands Neighbourhood; - this designation permits development at a larger scale and intensity to serve the broader area; uses permitted include residential, retailing of goods and services, offices and restaurants, community, cultural and recreational uses; residential development should be at a density over 30 and up to and including 55 dwellings per net hectare (the proposed residential density is approximately 50 units per net hectare); Compendium Document (North East Quadrant) The North East Quadrant Guidelines state the following should be achieved through any development within the area: new dwellings fronting Sheppard Avenue are to a maximum of two storeys in height; buildings along Sheppard Avenue should be close to the street edge with front doors facing the street; require new residential development to be compatible with existing development; Zonina By-law 3~R3" - Detacned Dwe'linas) - the subject property is currently zoned "R3" - Detached Dwellings by By-law 3036, as amended; - the existing zoning permits detached dwellings on lots with minimum lot areas of 550 square metres and minimum lot frontages of 18.0 metres; - a zoning by-law amendment is required for the subject properties to permit the development of townhouses. RESULTS OF CIRCULATION - at the time of writing this report one resident has expressed concern regarding this proposal. No comments or concerns have been received by City departments or external circulation; 168 Information Report No. 15-05 ? ê\TTACHiVíEiTI #;':) fa REPORT # PO ¡ 3 -D b Page 3 4.1 Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: . ensuring that the proposed development is compatible with, and sensitive to, surrounding development; . ensuring that the proposed townhouse elevations reflect the character and design proposed for the future townhouse development on the abutting property to the west; . the opportunity to reconvey the previously acquired Sheppard Avenue road widening to the subject properties; . appropriate building setbacks, specifically minimum required side yards; . traffic impacts on Sheppard Avenue due to increased number of driveways and vehicles. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 6.1 OTHER INFORMATION 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. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Carla Pierini Planner II Lynda Taylor, MCIP, RPP Manager, Development Review CP:ld Attachments Copy: Director, Planning & Development ATTACHMENT I L.¡. TO REPORT # PO ¡ 3 ~ () h Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, June 16,2005 7:00 P.M. .....6°.' 1.. 7 The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (II) 1. 2. 3. ZONING BY-LAW AMENDMENT APPLICATION A 11/05 816 KINGSTON ROAD (PICKERING) LIMITED 823 & 827 SHEPPARD AVE. .œAßI.QE.... LOT 2 7 , RA N G ~ Carla Pierini, Planner II, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #15/05. Applicant representative Lorelie Jones 950 Silverbirch Trail, Mississauga, Planning Consultant, was present and made initial comments as follows. Both traffic and noise study reports were conducted for the area surrounding the proposal. The traffic report found no issue. The noise study, still in its draft version, identified some items for the townhouses that will ensure an acceptable level of noise. Items related to fencing and air conditioning units. The Applicant representative also made comments pertaining to parking for the West structure. Tandem garage parking, with cars one behind the other would eliminate any issues. Furthermore, they are not against delaying sidewalk construction and providing the City of Pickering the funds to add a sidewalk at a later date, in an effort to determine if parking issues exist once residents have moved in. Sylvia Spencer, 771 Sheppard Avenue, East, expressed her concerns for the rezoning. Currently there are parking problems related to the high school and medical center, another development will bring more. Believes that each residence should have four parking spaces, one for each bedroom in the household and one guest space and that the fence should be brick. Concerned about Home Based Businesses, basement apartments and rentals. Wants the property lots for this project to be equal to that of the first lot. The speaker believes small singles should be built instead. - 1 - ~.. 1"1.... (..~) ..l Ii t' Citt¡ 0# 4. 5. 6. 7. ATTACHMENT # Lf TO REPORT # PO /.3- Co? ~-~ Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, June 16, 2005 7:00 P.M. Wilma Flavell, 734 Sheppard Avenue is opposed to the application. Believes the there are not enough roads leading in and out of the area and that traffic studies seem to be completed during the quietest time and do not dictate the real amount of traffic that residents face. She is worried that traffic will increase and further hinder her ability to get in and out of her driveway. Speaker feels that Sheppard Avenue cannot handle more traffic. Is concerned with the amount of building in this area and also that all homes built in Pickering are now townhouses. She feels time needs to be spent on the street actually examining the location. Mrs. Maher, 822 Sheppard Avenue, believes the townhouses will cause more congestion in the area. Applicant representative, Lorelie Jones made no additional comments. Staff commented that Home Based Businesses could be located in any residence however accessory dwelling units are only permitted in semi- detached and detached homes and would therefore not be permitted in the townhouses. Traffic issues will be looked at. - 2- ATTACHMENT # 5 TO HEPORT # po-L3 - {] t. 171 From: ibbetson@mercedes-benz.ca [mailto:ibbetson@mercedes-benz.ca] Sent: Tuesday, June 14, 2005 12:17 AM To: Pierini, Carla; Taylor, Bruce Subject: Zoning By-law amendment application All/OS Good morning Carla, I am a resident of Sheppard Ave (787) and I oppose any amendment to the current R3 residential single detached dwelling zone. Most of my comments where addressed last night to the executive committee in respect to draft plan of subdivision application SP 2004-01 and zoning by-law amendment application A 01/04 and also at the statutory public information meeting on Thursday April 15, 2004 which is outline on page 87 last nights agenda. Please make it absolutely clear that I do not want to see any townhouses on Sheppard Ave east of my home located at 787. Townhouses are not in the theme of the current surroundings and to suggest that townhouses are now at the corner of Sheppards and Whites, that most residents opposed in the first place still don't fit the surrounding area. These townhouses will not allow for adequate parking along the street which currently has no parking. The only acceptable housing solutions are fully or semi detached. The applicants are only trying to change the zoning by-laws as the current city planners and applicant are not listening to the residents in respect to report number PO 23-05. Please refer to your own staffs comments on page 84 of last nights agenda (section 5.1, attachment # 7. Please adjourn this matter to be reviewed at the same time as application A 01/04 in respect to the R3 housing use. I am unable to attend Thursday meeting due to other commitments. Thanks, John Ibbetson 787 Sheppard Ave Pickering, Ontario L3T 6K9 905-839- 77 56 905-695-2000 ... 7i() 1. .' (;' ATTACHMENT' REPORT /I PO b TO /3-0(;, From: CI Moult [mailto:imoult@hotmail.com] Sent: Thursday, June 23, 2005 1 :45 AM To: Pierini, Carla Subject: file A 11/05 Dear Ms Pierini Regarding the above file I wish to submit the following comments: OUR CONCESSION Although we have long been on record supporting the original premise of single detached homes on Sheppard Ave, we understand that this is no longer an option. OUR OBJECTION To now propose block after block of town homes stretching from #791 eastward is hardly in keeping or complimentary to the existing streets cape and we strongly object to this format. The Numbers These new dwellings will sport 24 garages and 24 new driveways onto Sheppard Ave where previously there have only been 2. Currently on the north side of Sheppard Ave there are only 9 driveways opposite the proposed townhomes. The Look!!! These town homes with their almost continuous paved frontages and garages will look extremely out of character from a design aspect, especially since they will be located in the middle of the block, and not at the corner as is the Marion Hill development. As well in that development there are NO garages facing onto Sheppard Ave. . Proof of Efficacy Furthermore, the effects of that massive development (White's road/Sheppard Ave) have not yet been felt since construction is still in process. Traffic studies are just that - studies. The proof is in the actual workings and we continue to have a very difficult and dangerous driving situation at that corner. Which is to say that it is impossible to know the effect of this number of homes. There are already many drivers who seem to regard Sheppard as a shortcut and/or a raceway and they drive it recklessly and at great speed and seem oblivious to the blindness of the hill at St Paul's. The Request That there be no more than twice the number of homes facing onto Sheppard Ave than there are on the north side in an equal space (drop the density to 30 per hectare). Not to do so will result in "an unesthetic out-of-proportion" streetscape that will not blend with the existing street. Not to do so will undercut the safety, sanity and the serenity of all present and future residents. Thank you for taking the time to review our comments. We hope they will be taken seriously. I regret that we were unable to attend last week's meeting since we were out of the country. Would you please forward this note to Linda Taylor and any other persons who should be notified. I would appreciate an acknowledgement of receipt of this note. Also, please accept this as a formal request to inform us of any and all meetings and lor correspondance regarding this application for zoning by-law amendment. Thank you Irene and Charles Moult 838 Sheppard Ave; L 1V 1G5 905-420-1880 The Regional Municipality of Durham Planning Department 1615 DUNDAS ST. E. 4Tff FLOOR, LANG TOWER WEST BUILDING PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 E-mail: planning@ region.durham.on.ca June 22, 2005 ATTACHMENT I '7 TO REPORT' PO I 3 - 0 1::. .. ".,i ,") 1. " .) ',.. "e c, 'E, "'" 0/1,;, 'V,'" IE: Dß) R' fj~' Carla Pierini, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 , ' , " ' -ì n n ç, ,JUÌ'ILlt¿J'.J'" CITY °cf&~k~~~~~ ?t,!),NNlciEPARiMENT Ms. Pierini: Re: Zoning Amendment Application A11/05 Applicant: J & B Bayes/T & A Costar Location: 823 & 827 Sheppard Avenue . South side of Sheppard Ave, between Whites Road and Fairport Road ' . Municipality: City of Pickering This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject properties to Permit the development of residential freehold townhouses. www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Reqional Official Plan ")mmissioner of Planning The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Living Areas are used predominantly for housing purposes. The proposal may be permitted by the policies of the Regional Official Plan. Reqional Services Municipal water supply is available to the subject properties from an existing 350mm watermain on Sheppard Avenue. A connection to the 600mm feedermain on Sheppard Avenue will not be permitted. Sanitary sewer service is available from an existing 200mm sanitary sewer on Sheppard Avenue. Foundation drain connections to the sanitary sewer are not permitted. Provincial Policies and Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. As the subject properties are located in proximity to a Canadian National Railway line and Regional Highway 2 (Kingston Road) a Noise and Vibration study is required to identify any potential impacts on the proposal, including noise mitigation and warning N:\pim\dc\Zoning\Comments\Pickering\A 11-05.doc @ 100% Post Consumer .. "'} Iu 1:. I' 'f ATTACHLŒNT# i_TO REPORT # po-L!L:..Q-(;~"....~..." clauses. This study may be submitted for Regional review through the related land division application. If you have any questions or require further information, please do not hesitate to contact me. Úmßw( Dwayne Campbell, Planning Analyst Current Operations Branch cc. Pete Castellan, Regional Work Department N:\pim\dc\Zoning\Comments\Pickering\A 11-05.doc ATTACHMENT' ß' TO REPORT I PO /.3 - 0 b VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW 175 PROJECT NAME: J & B Daycs and 'f & A Costa. - 816 Kingston. Ro'J.d (picke::ring) Ltd. ~ ADDRESS/PLAN: ~ MUNICIPALITY: 823 & 827 Sheppatd Avenue ~ ~ Pickering REF. NO.: A 11/05 May 3D, 200S SUBMISSION DATE: 1. Electric Setvice is available 011 the road allowance:: touc.hlng this propet~y. SeMcing will be from Sheppard Avenue. 2. An expansion of the Corporation's plant is feqllued 011 the road allowance in ordet to SeMce: this projccL 3. Individual metering for each ¡:nit is te::quired. 4. '!'he following standard fixed fee costs will apply: Service Connection Fee 1130.00 per unit 5. Existing Corporation plant 01\ Sheppud Avenue may have to be relocated :it the AJ?pliclUlt:'~ cost to accommod-ate proposed driveways. 6. The Applicant must make direct applic..tiol1 to the Cotpo.~tion to obtain specific approVlll of the electrical semce :u:ranganenu and rdated work for this project. The applicant is ca14tioQed that tcnden, contracts, or work initiated prior to obtaining specific ~pproval will be subject to change. 7. A Construction Agreement must be signed with !.he Corporation in order to obtaL'1 setVicing for this sire. Legal costs wi11 be charged to tbe Applicant. 8. All work from the þublic toad allowance to r.he semce entrance and the metering au;t.llgemc:nts musr &::omply with the: Corporation's IeqtÙIement5 and specifications. 9. Prior to obtaining ~ building pernUt. the Applicant shall. by ag¡:ecment, confinn açcc;ptallce of the terms and conditions of providing electric..1 SeMce. 10. Where cranes or material handling equipment at workers mu.st work in proximity to existing overhead wires, with the capability of contact or coming within the limirs of õlpproach, the devdope.t:/Þuilder shall pay all coSts for the tt:mporaty relocation, burial. or protection of the wires, Of other acúot\ deemed necessary by Veridian to provide for worker safety and the security of the electrical sys~em. 11. Will not attend scheduled City of Piçkenng DART Meeting for this development. 12. Veridian Con¡"¡t:\:tions haij no objection to the proposed dcvclopment. Please fo¡w¡¡,rd a copy of first submission civil design so d1at Veridian Connections may prepare an electrical desisn and an Offer to Service. Electrical drawil1~s are .e:quir~.d(3~6) :no.n.!~~.pr~o: t~~!~etriclil scMcing dare. 13. All of the above conditions of service \lIe subject to Ontario Energy ßoatd (DEB) approval. Technical Representative - Fred Raininger i:hO'" 421.9870 Ex'. 3255 PP/df 1;;\~fri...II\PII",lopm..\t ^rplic,¡jo., ltuvil.'lll\\>i.t..:rin¡;\21105\K2.' '" 827 Sh"p\"nJ Avon.".!oc ..7'" , i Ö íCðñsêrvãùòn for The Living City July 28. 2005 BY FAX AND MAIL Ms. Carla Pierini, Planner II City of Pickering Pickering Civic Complex One The Esplanade Pickering, Ontario L1V 6K7 Dear Ms. Pierini: ATTACHMENT # 9 fO REPORT # PO / 3 - 0 b ~~~~~~o~~ CITY OF PICKERING PICKERING, ONTARIO Zoning By-law Amendment Application Ai 1/05 823 & 827 Sheppard Avenue City of Pickering He: 1:# c,;r.. ,r::: ~ 'V' r' :r= ~ :¡¡ ra... ~ if,;" II .' 1t: L"..' 1\ I' I {~" ' c¡ ,'" ",' f' 5 '~Ul.' - J ¿,¡.), CITY OF PJCKEAlf\JG °LANNING & DEVELOPMENT DFPA~~¡::bJT - vrN';J6646.02 Further to our letter dated June 29, 2005 (copy enclosed) the Toronto and Region Conservation Authority, (TRGA) conducted a site visit to the subject properties on July 27,2005 to stake the defined top of bank and 10 metre buffer on the subject lands. Site-Specific Comments However, upon review of the site, TRCA staff determined that the subject property does not actually abut the valley and stream corridor, as there is a neighbouring narrow rear lot which fronts onto Kingston Road that is immediately adjacent to the valley and stream corridor. Furthermore, the width of the neighbouring lot, which abuts the valley and stream corridor is 10 metres. Therefore, the distance of the subject site from the valley and stream corridor is in excess of 10 metres. Recommendations In light of the above-referenced comments, the TRCA has no objections to Zoning By-law Amendment application A 11/05, as submitted. We trustthese comments are of assistance. Should you have any questions please do not hesitate to contact Susan Robertson, Planning Technician at extension 5370, or the undersigned. RW/sr Ene!. . ,F:\H,?me\Publi?\Development Serviees\Durham Region\Pickering\A 11-05 ,Revised 823&827 She[Jpa~d ,°7 :28-05,Wp? , " S 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca ~ID.\ '.....' ATTACHMENT (I 10 TO REPORT # PD / ~ - 0 ~ "'II... ",.,J '4 .if' OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM December 5, 2005 To: Richard W. Holborn Division Head, Municipal Property & Engineering From: Shahid Matloob Coordinator, Traffic Engineering Subject: Traffic Analysis, Zoning By-law Amendment Application A 11/05 - 823 & 827 Sheppard Avenue As requested, I have reviewed the Traffic Analysis prepared by Marshall Macklin Monaghan Limited for the proposed eight additional residential units on Sheppard Avenue. I will concur with the finding that the extra trips generated due to the eight residential units will not have a significant impact on the two adjacent intersections on Sheppard Avenue. The introduction of additional driveways may result in operational impact on Sheppard Avenue as the available sight distance would be the minimum required for a 50 kmlhr speed limit. If you have any questions regarding the above, please do not hesitate to contact me. ~=<~~, .~ -=-=~ Sh~-h¡d M~~~tf . c,~ J_. S MIA 11_o5_823_827 _Sheppard_Avenue. doc Copy: Supervisor, Municipal & Capital Works p~1cilv1eeting Notice' '..""',',':""', "," II L\ I ! ;""'~:"'_:' ,} i>.';:J¡~i oj :Jij"L3 :'Q b Page 2 Planning Act Requirements Date of this Notice Fire Department comments Dated: 1<§:{J{eatli Pire Prevention Officer œicÆ.§ring Pire Services If you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts any zoning by-law for this proposal. May 26,2005 The Fire Service has no objections to the applicants proposal to amend the Pickering Official Plan and Zoning By-law to permit multi - dwelling horizontal (freehold townhouses) residential uses. Monday, June 13, 2005 179 REPORT TO EXECUTIVE COMMITTEE Report Number: PO 14-06 Date: February 27,2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 24/05 Delco Homes Inc. Sparrow Circle (at Altona Road) (Block 17, Plan 40M-1827) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 24/05 be APPROVED to permit a freehold townhouse, common element road condominium development on lands being Block 17, Plan 40M-1827, City of Pickering, submitted by Deleo Homes Inc. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 24/05, as set out in Appendix I to Report PD 14-06 be FORWARDED to City Council for enactment. Executive Summary: The subject property is located at the southeast corner of Altona Road and Sparrow Circle, and partially abutting the cul-de-sac of Chickadee Court (see Location Map, Attachment #1). The subject property is surrounded by residential development and a stormwater management pond to the south. The applicant proposes to build a 25-unit freehold townhouse, common element road condominium (see Applicant's Submitted Plan, Attachment #2). The existing zoning permits a townhouse development; however, a change from traditional condominium townhouses to freehold common element road condominium townhouses requires technical revisions to the by-law to allow individual lots to front onto a private road. The proposal represents appropriate development that is compatible with the surrounding land uses and the existing neighbourhood. It is recommended that this application be approved and the draft by-law be forwarded to Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 180 Report PD 14-06 Date: February 27,2006 Subject: Delco Homes Inc. (A 24/05) Page 2 Background: 1.0 1.1 1.2 1.3 Comments Received At the October 20,2005 Information Meeting (see text of Information Report and Meeting Minutes, Attachments #3 & #4) nearby residents expressed concerns about noise, potential overflow of on-street parking onto Chickadee Court, and the proposed road connection to Chickadee Court; Following the Information Meeting the City received a petition (dated November 17, 2005) signed by eight Chickadee Court residents opposing road connection from Chickadee Court to the proposed development (see Resident's Petition to the Proposed Road Connection, Attachment #5); City Department and Agency Comments Fire Services an emergency access is recommended either onto Chickadee Court (preferable optio/')) or onto Altona Road (see Attachment #6); - no objection; however, a full vehicular access to Chickadee Court is not favorable (see Attachment #7); an emergency access can be considered provided it is feasible in terms of the proper maintenance and the installation of no-parking zone at the cul-de-sac of Chickadee Court (see Attachment #8); Municipal Property and Engineering Development Control Veridian Connections no objections; no objections, but a service upgrade may be needed (see Attachment #9); no objections (see Attachment #10); Toronto And Region Conservation Authority Regional Municipality of Durham no objections (see Attachement #11) and is supportive of the revised noise study (see Attachement #12); does not support an emergency access to Altona Road (see Attachement #13); no objections, but requests the applicant contact them to discuss technical issues (see Attachment #14). Enbridge Report PD 14-06 Subject: Delco Homes Inc. (A 24/05) Date: February 27,2006 .. 84!1 1. J Page 3 Discussion 2.1 The proposed residential use on a common element road is in conformity with the Official Plan, in keeping with the intent of the Zoning By-law, and compatible with surrounding development The Pickering Official Plan and the existing zoning allows for a 25-unit townhouse development on the subject lands. The subject property is surrounded by residential development and the proposal is considered compatible with the exiting neighbourhood. A rezoning is required due to a change from traditional condominium townhouses to freehold common element road condominium townhouses. 2.2 Residents' request to prohibit vehicular connection to Chickadee Court is supported and will be addressed through the Site Plan Review Process The matter of vehicular access from the proposed development to Chickadee Court is a site plan matter, rather than a matter of zoning. However, considering the high level of concern voiced by area residents respecting this matter, staff considers it appropriate to deal with this issue in this report. A road connection from the proposed private road to Chickadee Court is not required for the orderly development of this area. City Municipal Property & Engineering staff also does not support a connection from the proposed private road to Chickadee Court (see Attachment #7) due to issues related to shortcutting and trespassing. It is recommended that the proposed vehicular connection to Chickadee Court be eliminated. 2.3 A pedestrian walkway and emergency vehicle access to Chickadee Court will be required Through the site plan review process, a pedestrian walkway will be required from this site to Chickadee Court to facilitate pedestrian movement through the neighbourhood. The Region of Durham does not support the provision of an emergency vehicular access from the subject property to Altona Road. An emergency access will be required to Chickadee Court in order to properly address the concerns expressed by Fire Services. The design of this access will be reviewed in conjunction with the pedestrian walkway during the site plan review process, and will prohibit the free flow of vehicles. 2.4 The proposed unit parking is sufficient and visitor parking standards will be added to the by-law 18? Report PD 14-06 Date: February 27, 2006 Subject: Delco Homes Inc. (A 24/05) Page 4 Proposed supply of parkinq spaces is sufficient The proposed two parking spaces per unit (one in the garage and one on the driveway) meet the parking requirement in the existing by-law. In addition, the applicant proposes a total of seven visitor parking spaces, beyond the requirement of the existing by-law (current zoning does not require visitor parking). The proposed supply of on-site parking spaces exceeds the current by- law requirement and is considered sufficient. Visitor parkinq requirements to be added to the by-law Visitor parking is not required in the existing by-law for multiple-dwelling residential uses. It is recommended that visitor parking requirements be added to the by-law through this rezoning request. The provision of visitor parking spaces should address area residents' concerns. Should overflow parking be experienced on abutting streets, the situation may be addressed through by-law enforcement. 2.5 Zoning standards will be implemented in the zoning by-law to facilitate the proposed development A change from traditional condominium townhouses to freehold common element road condominium townhouses requires revisions to the zoning by-law to allow for individual lots to front onto a private road. It is recommended that a new by- law subsection containing the performance standards for common element road condominium multiple dwelling - horizontal development be added to the zoning by-law. The recommended performance standards are similar to those currently used for other townhouse developments in the City (see Draft By-law, Appendix I). 2.6 Development issues can be properly addressed through the site plan approval and building permit process Desiqn Design issues, such as articulation of the front facade of buildings facing Altona Road; perimeter landscaping elements, fencing, sidewalks, and the design of emergency breakaway barrier will be addressed through the site plan review process. Noise control measures The City and the Region have reviewed the submitted noise study, and both find the proposed noise control measures acceptable. The recommendations of the noise study will be implemented through the site plan review and building permit processes. .. 8. t") .1 ,) Report PD 14-06 Date: February 27, 2006 Subject: Delco Homes Inc. (A 24/05) Page 5 2.7 The amending by-law to be forwarded to Council The attached draft by-law, included as Appendix I to this report, implements staff's recommendation to approve the requested 25-unit freehold townhouse common element road condominium development. It is recommended that the attached draft by-law be forwarded to Council for enactment. 3.0 Applicant's Comments The applicant concurs with the recommendations contained in this report. APPENDIX: Appendix I: Draft By-law 18.'~ Report PD 14-06 Subject: Delco Homes Inc. (A 24/05) Date: February 27, 2006 Page 6 Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Location Map Applicant's Submitted Plan Text of Information Report No. 21-05 Minutes from Statutory Public Meeting on October 20, 2005 Resident's Petition to the Proposed Road Connection Comments received from Fire Services Comments received from MP&E through Site Plan Circulation Comments received from MP&E on Emergency Access Comments received from the Veridian Connections Comments received from the Toronto Region Conservation Authority Comments received from the Region of Durham Comments received from the Region of Durham on the Revised Noise Study Comments received from Regional Traffic Staff on Emergency Access Comments received from Enbridge Prepared By: Joyce Ye Planner I' Approved I Endorsed By: Neil Carra . RPP Director, Planning & Development Copy: Chief Administrative Officer f APPENDIX I TO REPORT PD 14-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 24/05 185 .. 8""- 1 r) THE CORPORATION OF THE CII~~l~F PICKERING !e;! .J ~, (~;¡;J .~ BY LAW NA... .f1'f..:~^..!.,.;.!.,.!.W".¡... ..t.~.!! ~¡ - :O'~ ',~,i' :.'.;;',1'1 -~ {,y' Ci, /r ,,' :5 ,;',í '.:ì.,i Being a By-law to amend Restfiêted Area (Zoning) By-law 3036, as amended by By-law 4645/95, to implement the Official Plan of the City of Pickering, Region of Durham in Block 17, Plan 1827, in the City of Pickering. (A 24/05) . WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to rezone the subject property, being Block 17, Plan 1827, in order to permit the development of freehold townhouse, common element road condominium; AND WHEREAS an amendment to By-law 3036, as amended by By-law 4645/95, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENTS (1) Section 6 PROVISIONS ("RM/MU" Zone), Subsection (2) Zone Requirements, Clause (h) PARKING REQUIREMENTS, Subclause A - is hereby amended by deleting this Subclause and replacing it with the following: A multiple dwelling - horizontal: (i) there shall be provided and maintained on the lot one private garage per dwelling unit attached to the main building and located not less than 6.0 metres from the front lot line or not less than 6.0 metres from any side lot line immediately adjoining a street or abutting a reserve on the opposite side of which is a street; (ii) visitor parking (minimum): 0.3 space per dwelling unit (2) Section 6 PROVISIONS ("RM/MU" Zone) is hereby amended by adding a new Subsection (3) as follows: (3) Zone Requirements ("RM/MU" Zone) No person shall within the lands designated "RM/MU" on Schedule I attached hereto use any lot or erect, alter or use any building for multiple dwelling - horizontal use that fronts onto a private road, except in accordance with the following provisions: (a) Lot Area (minimum): (b) Lot Frontage (minimum): (c) Front Yard Depth (minimum): (d) Rear Yard Depth (minimum): (e) Interior Side Yard Width (minimum): (f) Lot Coverage (maximum): 140 square metres 6.0 metres 6.0 metres 4.0 metres 0.6 metres 53 percent -2 - (g) Building Height (maximum): (h) Building Setbacks: A Despite Section 5.22(4) of By-law 3036 and Clause 6(2)(c) of this By-law, no building, part of a building, or structure shall be erected outside the building envelope shown on Schedule I attached hereto, except for steps, uncovered platforms, or landscaping features not exceeding 1.5 metres in height; 187 12 metres B No building or structure shall be erected on the lands unless a minimum of 50% of the building elevation of the side of that ,ø;'dC'!¡t1 building or structure adjacent to Altona Road is located within r~ Î the build-to-zone shown on Schedule I attached hereto; ¡r ~ ~ " C For the purpose of determining the percentage of building elevation to be located within any build-to-zone, the 'building elevation' shall mean the linear distance measured between lines drawn perpendicularly to the build-to-zone at each end of a building elevation of a building or structure; (i) Dwelling Unit Requirements: A A minimum gross floor area - residential of 100 square metres per dwelling unit; B Maximum one dwelling unit per lot; U) Parking: A There shall be provided and maintained on the lot one private garage per dwelling unit attached to the main building and located not less than 6.0 metres from the front lot line or not less than 6.0 metres from any side lot line immediately adjoining a street or abutting a reserve on the opposite side of which is a street; B Despite Paragraph 6(2)(h)A(ii) of this By-law, 0.25 visitor parking space shall be provided per dwelling unit; C Section 5.21.2(b) of By-law 3036, as amended shall not apply; D All visitor parking areas not located within a parking structure shall be set back a minimum of 3.0 metres from all lot lines, except where a lot line separates the "RM/MU" zone from a "OS-SWM" zone, in which case the parking setback may be reduced to 1.5 metres; E Despite Section 5.21.2(g) of By-law 3036, as amended, all parking areas shall be paved; lSg -3 - (k) Accessory Structure: In addition to Section 5.18 of By-law 3036, no accessory structure is allowed in the built- to-zone shown on Schedule I attached hereto; (I) Separation Distance: The horizontal distance between blocks of multiple dwelling - horizontal shall be a minimum of 3.0 metres; (m) Despite Section 5.6 of Bylaw 3036 and Clause 4(11 )(a) of this By- law, the requirement for frontage on a public street shall be satisfied by establishing frontage on a common elements condominium street. 2. BY-LAW 3036 By-law 3036, as amended by By-law 4645/95 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 3. 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 ,2006. day of David Ryan, Mayor 4IfíI'ÆJ ø'if 6' .;j ~ i$:~ ~ . ~,. ff ,,""". A~ P~"1 ' "'" wr ø ff ~¡ ~ ~¡&:~.. ;<i... ,i..,. ,'Ii$lli! '" ~ q~'1¡¡'¡ ~ Debi A. BerlW: ðity Clerk ATTACHMENT # / TO REPORT # PO It¡ -ð~ AVENUE ~~o þ « 0 0 ~ oc PLACE AVENUE o~ ~\Q O~ C I\~O '-(\'\ V ~\\)O~ COYf- ~Q~O Y'- SUBJECT PROPERTY City of Pickering PROPERTY DESCRIPTION PLAN 40M-1827, BlK 17 189 ~ oc « Q æ w :::;;; :::;;; :J VJ Planning & Development Department OWNER DElCO HOMES INC. FILE No. A 24/05 DATE SEPT. 26, 2005 DRAWN BY JB SCALE 1 :5000 CHECKED BY JV a T~'a::::(çË~¡e,p';B.B In.. and as supp"e... All "9hts R..e"ed. Not a plan of Bu"ey. 2005 "PAC ond It. suppHe's. All ,¡ hto R..e~ed. Not 0 pion of Su'ue . l' PN-10 190 c « 0 œ:: « z 0 I- ..J « A' TT./H"""prIIIT # .') TO I MUI1¡',I<.::I, ~. REPORT # PO 14-610 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 24/05 DELCO HOMES INC. SPARROW CIRCLE I ---t_LI-- I CHICKADEE COURT ~ .j ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, SEPTEMBER 20, 2005. /J ""'"lACHr,AENT # '" TO "'~"C¡:;,-:' fi Pi) .Jf:L:{;¿f2.."..,",-"...~. ! g~1 INFORMATION REPORT NO. 21-05 FOR PUBLIC INFORMATION MEETING OF October 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 24/05 Delco Homes Inc. Sparrow Circle (at Altona Road) (Block 17, Plan 40M-1827) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.61 hectares in size, located at the southeast corner of Altona Road and Sparrow Circle, and backing onto Chickadee Court (see Attachment #1 - Location Map); - the subject land is bounded by Altona Road to the west, Sparrow Circle to the north, a storm water management pond to the south, and residential developments to the east; - the subject property is currently vacant, covered with grass and a few trees. 2.0 APPLICANT'S PROPOSAL - the applicant desires to build a 25-unit freehold townhouse, common element condominium development on the subject property; - the current zoning on the subject property permits, among other uses, a townhouse development. However, the current By-law (see Attachment # 3 - Zoning By-law 4645/95) was approved with specific standards to facilitate the development of traditional townhouses, as opposed to the proposed freehold common element condominium townhouses. Therefore, the applicant proposes to make technical amendments to the current By-law to allow each townhouse unit to front onto a private condominium road instead of a public road (see Attachment #2 - Applicant's Submitted Site Plan); ..9~ l.~ Information Report No. 21-05 An ACHMENT # ,3 TO P:::-Y';Y; i' PO .1'-1."",1-....,..... . <!Ç! . ."'...,m",.."...... Page 2 - the proposed 25-unit freehold townhouses are grouped into five blocks; each unit is of minimum width of 6.0 metres and there will be two parking spaces provided on each lot, one space in the private garage, one space on the driveway in front of the unit; - the subject land is proposed to have site access from Sparrow Circle (primary access) and Chickadee Court (secondary access), and no access is proposed from Altona Road; - the proposed private internal road(s), visitor parking area(s), and possibly some perimeter landscaping elements will constitute the common element condominium; - the applicant has submitted a Phase I Environmental Site Assessment and a Detailed Noise Control Study as the supporting reports for this application; - the applicant has not yet but will need to make associated site plan application and condominium plan application to the City for approvals. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - the Durham Regional Official Plan identifies the subject land as being within an 'Urban Areas - Living Area' designation, where development is intended to be predominately for housing purposes; - the applicant's proposal appears to conform to this designation; 3.2 Pickerina Official Plan - the subject property is designated "Urban Residential Areas - Medium Density Areas" within the Highbush Neighbourhood; - the permitted density for this designation is over 30 and up to and including 80 dwellings per net hectare; - the west portion of the subject lands along Altona Road falls within the boundary of Shorelines and Stream Corridors identified on the Resource Management Schedule; - Altona Road is under Regional jurisdiction and is a Type B Arterial Road, which is designed to carry moderate volumes of traffic at moderate speeds and have some access restrictions; both Sparrow Circle and Chickadee Court are designated Local Road, such roads are to provide access to individual properties and carry local traffic; - the applicant's proposal (approximately 41 dwellings per net hectare) conforms to the applicable Official Plan policies; 4.0 4.1 4.2 4.3 3 Tn ; £¡~ö¿, ",,' Page 3 19)3 Information Report No. 21-05 H¡:¡:-'úRI # PO 3.3 Zonina Bv-Iaw 3036 - the subject property is currently zoned "RM/MU" - Multiple Residential/Mixed Use Zone by Zoning By-law 3036, as amended by By-law 4645/95 (see Attachment #3); - this zoning allows a variety of commercial and residential uses, including multiple dwelling - horizontal use (e.g. townhouses) on the subject property; - the Zoning By-law requires each lot to have frontage on an opened public street, which would facilitate a development of traditional townhouses, as opposed to the proposed common element condominium townhouses; - a change from traditional townhouses to freehold common element condominium townhouses requires revisions to several zoning performance standards (e.g. minimum lot size, minimum lot frontage, maximum coverage), and some new standards (e.g. yard setbacks for individual lot) would need to be added to facilitate the freehold tenure; - the proposed use conforms to the zoning, but amendments to the By-law are required to allow individual lot to front onto a private road and to address other technical issues. RESULTS OF CIRCULATION Resident Comments no resident comments have been received to date; Aqencv Comments no agency comments have been received to date; Staff Comments in reviewing the application to date, planning staff has identified the following matters for further review and considerations: . ensuring that the functioning of the site is compatible and sensitive to surrounding lands, especially regarding site access, grading/drainage, traffic, parking, and streetscape; . examining the proposed development and any zoning non-compliances that require technical amendments to the zoning by-law; . assessing the limited opportunities for tree preservation; - this Department will conclude its position on this application after it has reviewed and assessed the above-noted comments, and any comments received from the circulated departments, agencies and the public. ~ 9/~.. 1 .,' Information Report No. 21-05 ATTACWÆErJT #_.-",1_._TO REPOA1 # PO /'i-Db Page 4 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 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; 6.2 Information Received - full scale copies of the applicant's submitted plan and reports are available for viewing at the offices of the City of Pickering Planning & Development Department, including: . a survey of the subject property, prepared by Reid J. Wilson Surveying Ltd., dated June 17, 2005, which shows the topography and the location of the trees; . a plan titled "Site Layout With Ground Floor", prepared by Suu-dda Patkar Architectural Corporation, last dated August 18, 2005; . Phase I Environmental Site Assessment, prepared by Forward Engineering & Associates Inc., dated August 9,2005; . Detailed Noise Control Study, prepared by SS Wilson Associates, dated September 13, 2005. - the need for additional information will be determined through the review and circulation of the applicant's current proposal; Information Report No. 21-05 f. 't' 3 ¡ . - ,U REPORT # PO 1'1- 66 ------.-,---.. Page 5 6.3 Property Principal - the owner of the subject lands is Delco Homes Inc. (Tony Egi), and the agent is Bob Martindale. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Joyce Yeh Planner I Lynda Taylor, MCIP, RPP Manager, Development Review JY:ld Attachments Copy: Director, Planning & Development 1:95 19,i6 t. .{),,0',3.'1 1f.3 TO REPORT # PO /¿¡-Ob APPENDIX NO. I TO INFORMATION REPORT NO. 21-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1 ) none received to date ATTACHMENT I L¡. TO REPORT # PO 1'1' 06 Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, October 20, 2005 7:00 P.M. !97 PRESENT: STAFF: Lynda Taylor Geoff Romanowski Joyce Yeh Debbie Watrous - Manager, Development Review - Planner II - Planner I - Committee Coordinator The Manager, Development Review, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration there at. (II) ZONING BY-LAW AMENDMENT APPLICATION A 24/05 DELCO HOMES INC. SPARROW CIRCLE (AT ALTONA ROAD) (BLOCK 17, PLAN 40M-1827) !QJY OF PI&.KERINQ) 1. Joyce Yeh, Planner I, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #21/05. 2. Bob Martindale, Martindale Planning Services, agent for the applicant, advised of his presence to answer questions. He further advised that the architect for Delco Homes Inc. was present and the owner would be along shortly. 3. Walter Dawyd, 363 Chickadee Court, questioned the number of units proposed, the number of visitor's parking spaces available and the type of fencing to be used. 4. The architect for Delco Homes Inc. advised that the fence would be made of wood and there are seven extra parking spaces planned for overflow parking. 5. Lynda Taylor, Manager, Development Review, advised that visitor's parking is not required for a common element condominium development - 1 - -1 ('H~ , ~, Citlf 0# ATTACHMENT I 1./ TO,. REPORT # PO /4~ch '. Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, October 20,2005 7:00 P.M. but that an extra seven spots are being proposed to assist with overflow parking from the units. 6. Donna Walsh, 344 Chickadee Court, questioned how a proposal to access a court can be considered when notice was not given to the court residents. 7. Mike Stocks, 359 Chickadee Court, advised that he purchased a home on a court with no knowledge that there were plans to open this court to provide access from another development. 8. Joyce Yeh, Planner I, provided the delegates with the following information: a) two parking spots per unit is the standard in Pickering b) a traffic technician will undergo a traffic study c) the access is required as a secondary road for emergency vehicles to exit d) fire services and traffic staff from both the Region and the City will review the possibility of access to Altona Road rather than Chickadee Court 9. Adam Svendsen, 340 Chickadee Court, stated that the number of parking spaces provided within this development will not be enough for the planned townhouse units. 10. Lynda Taylor, Manager, Development Review, concurred that parking is an issue and will be reviewed. 11. Bob Martindale, Martindale Planning Services, stated that the Fire Department advised that a second access is required for the emergency vehicles to exit and, therefore, Chickadee Court was proposed as the secondary access. (III) ADJOURNMENT The meeting adjourned at 7:30 pm. - 2- ATTACHMENT tI .5 1'0 REPORT 1/ PO ¡'I-Of:) r:G t;f~;, ~\~i!i ¡I:'~, [~;.,i' 199 ) ;:~ t. U ';\ / November 17,2005 Mr. J. Keating 355 Chickadee Crt. Pickering, On. L 1 V 6 Y 4 Ms. Debi Bentley City Clerk, Pickering, r""='[~'{~ Ê~=ä'¡~E' t:~='J ~ ~ :j :, ¡ rì I' ?) ,AI '){' (I ,~ ~ ! hi U \r /- ,) ,¿ (. ,,~) ~ J ¡ CITY OF FjIC~ŒF¡jN(;¡ ~ ¡ PL'INhiNG AND ~ L..E!YELGPrv:;':NT DEô:'i'RTMENT, j' ~-""~~~"=~"'>'-"'-"-~'~" Ms. Joyce Yeh Planner 1 Pickering Civic Complex, ,One The Esplanade PickerÙ~g, Ontario, Ll V 6K7 Re: Application By Deleo Homes Inc. to build 25 town homes at Sparrow Circle & Altona Rd. Block 17, Plan 40M-1827~ City of Pickering. We the undersigned residents of the subject area are opposed to a change to Chickadee Court that would provide road/ traffic access to the proposed new townhouse development. Further we feel it would neJ:atively impact the existing homeowners. Also we are requesting that we be notified in writing of any future meetings or changes to the existing neighbourhood inclJ!..qi!!v!lç ~ -~~ current roadways. b CLÇJ:l!S:S DIVISiON --_J I f¡U::: f\:O,: j , H ~4l 05 ~ Y onft tr¡nf\",' .', '" ¡I'I~'~'!"'~"'.~':";~~':"~~ ~,;,:,j\,~;::\',r,(,-.~,;!L.f"'~)'~'~~':~I;,:,~~,ll;j..,: t' /'J4~><Il .".':-':"~".'"'"..,.""",,.,,;,',',,:,',:',;;v;¿~~:.::!.,..¡.t,)~;i¡"íI';i~1,~'~'~',';:'l.,"'--î Î, ,¡'í-' ¡,'!/L,',,:',7"", ,.;:L::-:f~i;:*~'~~ :~:',~;N~'NG ?~ ~ , ¡,.,.., , ""nE "?C'OJ&POL: CtC:h~ . ~,\~-;;:\~7i:VEL' -'r~~pp~ y ~ šÊ-¡;¡-;; ._- - Jim Keating riRit~::.~~=::':'" --'.:c.I~ , , tHUM~ flES Name: JÎtvt Jif:,Aii N b Name:ÇU~(UA ~F~/..,fì-rJ C. Address:35b ŒJ-,' JcJi..AbQ cß:( Address: '~Sb C*iI(KAt)EE CR-r .~, ~éf)jN~ L'V CoY4- ~'C-l:aqlN« I oN, LJV bY4- Signatu~l {~~~ I Signature 12" ~þ [~" L- V U 0 (~j' '0 t.,\. \,' ATTACHMENT' .s TO REPORT I PD Ii.¡ -C(,.y 2 Name: HI7;VX¿¡/!/ .¿'¡;-f¡//-5 Address: 3t 3 C/r/C,l::AL>¿ € C..er; ßc/t£Æ:J".Jç ON / .. L/Y¿'yy Signature ",.t4..:~1/-Þ/ Name: GAS P ~~r¿ b A I\J rv.~ MA R.. LA LA-TO. N A Address: "3 su ct-{- t C k. A \>t: E- c..(Ju Y<- T /.../\/ iJ Y4- Signature ~"'---L L'I ~ Name: 'ßA~RY- you~~ Address: .-:J: q /" ~ V I yJ ó 6 / clfl{ /A I7Þ¿:' ~()l~1 L.J ~, Signature óf:Y';::;:;,'~ Name ~L; ?~+rt~ Address: :3 ifS CAVI ú/G 0.. e~' Co l-l r+ ) Pi vi< (Wì J 0 ¡oJ, L JJ ~ '/ 'i Signature~-~ ""I Name- \j \ C/ïO'¿" CL-AtV\ V t-\-9':f ,~ Addr~ss: ò4-lb Ct;1-/, C.{LA:Þtb ú.Yvt ¡t..;¡ " el/ì C\ Signatufc----W---:- - ~ c,;..--..:'::' '\. ~éT- LIV(.,y+ Name: MA\rHE:W' SUE - PiN E¡ Address: ::)4 I./-s!! (./-< ~:D/..£ f C D l( f!.. '/, Signature ff~" Name: Address: Signature /-ìV ¿,YL/- Name: Address: Signature ,IC Meeting Notice ATTACHMENT # 6 TO Di7pnp" 'I 'Jf)----_L':l:J2.ft:L_-- . Page 2 f'} 0- ~ (.1 L Planning Act Requirements If you wish to reserve the option to appeal a decision of the City of Pickering, you must provide oral comments at the public meeting, or written comments to the City before Council adopts any zoning by-law for this proposal. Date of this Notice September 28tn, 2005 Fire Department comments The Pickering Fire Service has no objectionable comments with respect to the applicants proposal, however provides the following comments with respect to emergency vehicle access. Understanding that the site will consist of 25 townhouses with access off of Sparrow Circle onto to a private road, we are requesting the following considerations. Option "A" - that an additional emergency vehicle access be provided fromloff of Altona Road to the south west portion of the private roadway serving the proposed townhouse complex. The access route would have to be constructed in accordance with municipal requirements and have a minimum width of six (6) meters. The access route can be designed with a rolled curb and breakaway barrier. Option "B" - that an additional emergency vehicle access be provide fromloff of Chickadee Circle and the private roadway serving the townhouse complex. The access route would have to be constructed in accordance with the municipal requirements and have a minimum width of six (6) meters. The access route can be designed with a rolled curb and breakaway barrier. As illustrated on the drawing parking would have to prohibited for a distance of not less than three meters on either side of the access routed in accordance with municipal parking by-laws. The Pickering Fire Service reserves the opportunity to provide further comment(s) at the subdivision/condominium site plan stage. Dated: Tuesday, October 11, 2005 ~:{.J{eatli Pire Œ7'evention Officer Œ1cf?.çring Pire Services " ATTACHMENT;9 '.f) - TO f,[:PORI # PD.....,.l'i:ldÞ.. . INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 24/05 DELCO HOMES INC. ?!12 SPARROW CIRCLE I ',--,urnL. ...L. """ CI <X: 0 0:: <X: Z 0 J- ...J <X: "I 1- : I '\ 3 METRE NO PARKING ........--ZONE CHICKADEE COURT "'- BREAK AWAY BARRIER . WITH ROLLED CU l I I .1 6.0m t OPTION A ~ ~ I I I I !~ Ii I . i ~ THIS MAP WAS PRODUCEé, BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT PLANNING INFORMATlor, SERVICES DIVISION MAPPIN(, ANn n~"'r,..' "~DT~"cr~', ,-"' #' ",7 ,r f /' .: ATTACHMENT ,,-"7 TO nEPOR11/ PD,__/"'¡-olç¡ .~ 1 20'3 OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM Pí .~~ 1::~ }~~; ~~ '\l ,E I) January 4, 2006 To: From: Subject: C '}2Ü:J6 Hena Kabir Planner II - Site Planning C1TY OF P1CKERJNG PJ.J\NN¡~;~?Ä~~,~~~g::MElfr Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Site Plan Application S12/05 Delco Homes Inc. PLAN 40M 1827 BLK 17 (Sparrow Circle) City of Pickering The Municipal Property & Engineering Division has reviewed the above noted site plan application submission circulated November 30, 2005 and provide the following comments. 1. The entrance to the complex from the end of Chickadee Court cannot be supported. The issues related to shortcutting and trespassing out weigh the benefit of the access. The entrance from Sparrow Circle can be supported as well as an emergency only access from Altona Road subject to Region of Durham approval. 2. The internal radius is at an acute angle which will cause problems with traffic movement, snow plowing and site lines. Revise to a minimum radius of 7.5m. 3. The internal sidewalk should be moved to the south side to prevent a driveway crossing and to serve a large number of units. 4. The sidewalk through the entrance at Sparrow Circle is to be removed and replaced with 180mm thick concrete as per City of Pickering Standard P-610. 5. Insulation is required where the storm sewer cover is less than 1.5m. 6. The location of the storm sewer along the east boundary should be reconsidered. Even by utilizing trench boxes it will be difficult to install the pipe so close to the property line at that depth. There is potential 204812-05 ATTACHMENT #_L_,"~TO REPORT # PO -_-1!:f:.:Þ6".., . January 4, 2006 Page 2 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. for damage to the existing houses due to vibration from the equipment. Also, the consultant needs to ensure existing foundations are not compromised from the excavation. Revise the restoration note off of Altona Road to read work completed by Region of Durham forces, not City of Pickering forces. The 1.0m section of sidewalk on Chickadee is to be removed by the contractor and not City of Pickering forces. All trees to be removed within the boulevard are to be replaced with 60mm diameter of same species in an approved location. Noise attenuation fencing details should be stamped and certified by a Professional Engineer. Ensure proposed landscaping surrounding the seating area at Sparrow Circle and at playground, will permit surveillance from the street. A plant list required for review. Ensure underground services will not prohibit tree planting as shown on the landscape plans, especially along the east boundary line. The benefit of a pedestrian connection from Chickadee Court, through the site to Altona Road needs to be assessed and approved by Planning. The radius of the entrance curbs on Sparrow Circle are to conform to the City's standards. The internal storm sewer seems undersized. The connection is 450mm diameter, but the site is designed with 250mm and 300mm diameter sewers. A stormwater management report with design calculations must be submitted. The internal driveways are designed with centerline double catch basin manholes and only two inlets for the entire site. This seems inadequate, and reverse grade (V shape) driveways can be problematic, and are not recommended. Access to the private children's play area, adjacent to Block S requires the residents to leave the site and enter via Chickadee Court. The area will not be private if the general public can use it. Consideration should be given to install decorative wrought iron fencing .around the west edge of the Chickadee Court road allowance. S 12-05 ~nTACHMENT #_~,.:Z,.- "..,TO ..';:¡:'(''1 ! or: !?i:9J(? ',. January 4, 2006 11')05 " . :'.4', \, Page 3 19. Is fencing proposed around the landscaped area in the northwest corner or is it open to the public. RH:ko Copy: Director, Operations & Emergency Services Supervisor, Capital Works & Engineering Supervisor, Development Control fI)'. rJi. r< :" ~ 1 n .~TTACHMENT ¡C.Ji..=~TO RfPOHl' f! 1i¡.:Pb Yeh,Joyce From: Sent: To: Subject: Holborn, Richard January 12, 2006 3:42 PM Yeh,Joyce RE: Emergency Vehicle Access @ Altona Road I understand what Rex is saying and it's probably quite valid. Having control is preferable. No Parking works when it's enforced and that can be challenging but do-able. We do remove snow from turning circles as a fill in service after major snow falls, so this would have to be a priority street. I would still need traffic and Operations to hammer out the would need to see the design suggested by the developer. If and sent to me, traffic and operations can meet on site and requirements as well as no parking zones. details and feasibility, and a design can be put together determine maintenance Richard -----Original Message----- From: Yeh, Joyce Sent: Thursday, January 12, 2006 2:45 PM '~o: Holborn, Richard ~ubject: FW: Emergency Vehicle Access @ A1tona Road Hi Richard, Happy New Year! Thank you for your comments on emergency access issues. In addition to the comments received from the Region, our Fire Services (Rex Heath) has expressed his preference of having the emergency access at Chickadee Court because it is a municipal road and the City can make sure of the proper maintenance of it, as opposed to Altona Road which we have no control over at all. As illustrated on the drawing that Rex has provided us with, parking would have to be prohibited for a distance of at least three metres on either side of the access route (emergency access), in accordance with municipal parking by-laws. A municipal parking by-law has to be passed and "no-parking" signs have to be installed at the proper location on the Chickadee Court. As to the snow pile in the winter. ....1 don't know whether this is something that we have control over and can be overcome? How difficult would it be to remove the snow from the centre of the Court? ~ould you suggest me to contact Steve Forsey for this matter? oyce ps. if it is necessary, I will contact the Region again to challenge their comment. -----Original Message----- From: Kabir, Hena Sent: January 11, 2006 12:40 PM To: Yeh, Joyce Subject: FW: Emergency Vehicle Access @ Altona Road hey Joyce, this is Richards response to the emergency access .. now tell me what am I to do with this ... thanks for pinpointing Richards comment to me .. hena > -----Original Message----- > From: Holborn, Richard > Sent: January 11, 2006 12:34 PM > To: Kabir, Hena 1 ATTACHMENT #,..~~".g",.,"J,( '1EPOpí f! pr¡ t'i .òb tNi.': C E j V E ~O7 0 CT 6 2005 ~ VE RI D IAN CONNECTIQN$ CITY OF PICKER PLANNING & DEVELOPJ~¥ OEPARTtV¡ENT DEVELOPMENT APPLICATION REVIEW I PROJECT NAME: ] Delc~) Homt:~ Inc. ADDRESS/PLAN: Sparrow Cítcle - 'Bloçk 17, Plan 40M-1827 I MUNICIPALITY: Pickering REF NO.: A 24/05 SUBMISSION DATE: September 29, 200S 1. Electric Se:r:vice is available on the road allowance(s) to\\crnng this property. ScIVicing will be: from Sp:mow Circ.:te. 2. An extension of the Corporation's underground plant is required on rhe road allowance in order to se:r:vice this project. 3. Th~ applicant must prov1de accommodation 011 site for the Cotporation'. traosformer($). 4. Tndividual metering for each \lnit is required. 5. The: Applícant must provide a concrete encascd looped undergro~d duct system from a supply point(s) ¡\~ Sparrow Circle to a transformer 10catj(m(~) on ¡he property. 6. The Applicant muSt pay the Corporation's costs to supply and imt¡¡11 underg¡:ound service cables along th~ toùte ()f S. above. 7. The following stand:trd fixed fee com will apply: Service: Connecti()n Fee $130.00 per \uUt. 8. 1'he Applicant roUSt make dircct application to t.he Corporation to obtain specific approval of the electrical setVice anangcmcnts and relaled work for this project. The applicant is cautioned that tenders, contracts, or work initiated prior to obtaining specific approy¡¡l win be subject to change. 9. A Construction Agreemenr muSt be signed with the Corpol~ciol1 in order to obtain servicing for this site. Lega] ç()~I:& will be charge.d to the Applic¡¡nt. 10. A Multi-Tenant Agrec:mc:nt mqst be entered into anù may be registered on nth: ¡¡~ p¡\r!: of the setVicing reqL\Ï:rements. Legal costs for rhjs will be chargcd to the: Applicant. 11. .All work from the: public: road allowance to the service entrance and the metering arrangcmt:nt~ must comply with the Corporation's requirements and specifications. 12. The Applicant will be required to glllnl: to the Corporation Ii St.¡\ndard OCC\lpation t:asement, registered on litle, for high voltage: cable, low voltage c¡¡blt: and/ or transformt:r. 13. Plior W òbrllining a buiJding permit, the Applicant shall, by ~gteement, confÏfm acceptance ()f the terms and conditions of providing cleètxical setVÏce. 20'8 } - 9 REFORï II PD"j'i,:(;,'tç, 14. W'hcrc: cranes or material handling equipmcnt or workers must work in ptox.iInity [0 ~j~til1g ovcrhc:ad wires, with the capability of contact or coming widùn the lim.itli of approach, the developer/builder shall pay all coM.s for the: tc:mpor;uy J:Clocation, burial. or prore¡:Üon of rhe: wires, or other action deemed necessary hy V<::cicli¡m to provide for worker safety and the security of the electrical system. 15. Landscaping, specifically ttees/shrubs/othtr should be relocated <lW<lY from the Corporation's transfonner W avoid intt:rfc:n:ncc: with equipment access. 16. Vendian Co11nc:ctio11s has 110 objection to the proposed development. Plt;¡sc: fotW""rù a copy of first submission civil design so [hat Vecidi¡¡n Coom:ctiol1$ may prepare an electrical design and a11 Offer to Service. Electrical dtau.1ng~ an: rc:quirc:d (6) mo11ths prior to electrical servicing date. 17. .AlI of the ab(lve conditions or sclvicc arc subject to Ontario Energy Board (OEB) rules, regulations and/or approval. Tecll1ùcal Representative: Tdtl'hont: 905-427-9870 F ted Rainingef Ext. 3255 If PP/df 1','\11'""""11\1),,."1<.'1'111','"1 "pl'ln"'t",,, ~l"VI\",\I'icl<"rin¡;\~XI;\I)l"k,' Ih.n<1l . ~J."IT'OW C'I\'I",I,.'" Page 2 of 2 V<::.d.dian Col1l1ectiom Pr:\Telopment Applicadon Review Form #ECOOOZ Rev. Date -July 21,2005 ATTACHMENT# /0 . C REPORì # PD~7;:{'?k., .~., ðñsêrvaoon _.............. for The Living City October 21, 2005 i' . "" -J";;;-'QP" ---p f'\ 0 , !'E3L,;eI"~,' r;;:,1';\.:\",::'f, f,::'7 r,¡ '& !b9 íf,... !'J'~ ,þ", > ij . ~ < OCT 1. (3 2005 i I \ t, CITY OF PICKERING PLANNING AND , DEVELOPMENT DEPAHTMENT , 7 BY FAX AND MAIL Ms. Joyce Yeh, Planner I City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L 1V 6K7 Dear Ms. Yeh: Rs: Zoning By-law Amendment Appiication A/24/05 Deleo Homes Inc. Sparrow Circle, Block 17, Plan 40M-1827 City of Pickering Please note that the Toronto and Region Conservation Authority (TRCA) is in receipt of the above-referenced zoning by-law amendment application. Staff at the TRCA has reviewed the application and offers the following comments. Background The subject property is within an approved plan of subdivision (Plan 40M-1827), located on Block 17, west of Chickadee Circle, on the east side of Altona Road, south of Finch Avenue in the City of Pickering. It is our understanding that the applicant wishes to amend zoning by-law 3036, as amended, to permit the townhouses, approved in Block 17, to front onto a private road. Comments TRCA staff defer a detailed technical review of the stormwater management for the proposed development to the City of Pickering. However, we request written confirmation from the City, upon completion of their review, indicating whether the City is satisfied that the proposed stormwater management plan for the proposed development is in accordance with the overall SWM scheme set out in the Block Plan. Recommendations In light of the above, the TRCA has no objections to the zoning by-law amendment application, subject to me above-referenced issue being addressed. We trust that these comments are of assistance. If you have any additional questions, please contact Susan Robertson, Planning technician at extension 5370. nW/sr C:.\Sus<;In\A24-05 SparrowCircie CofP 1O~21-05.wpd 5 5horeham Drive, Downsview, Ontario M3N 154 (416) 661-6600 FAX 661-6898 www.trca.on.ca m< ;~~ '._,' ~"n ít.. )" . The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4TH FLOOR PO BOX 623 WHITBY ON L 1 N 6A3 CANADA ~05-668-7711 Fax: 905-666-6208 E-mail: planning@ region.durham.on.ca www.region.durham:on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning October 26, 2005 ATTACHMENT #,_,~lL~...~.TO REPORT 1/ PO ._-.L'L:t2f¿...,."""..... C" 1!.'ifE""';'\ '0 e""" G ,,1::. ~l j""'¡'l 'L~;'" ,..~ ~ç:, " 1f""1t- ~,..... '1J Joyce Yeh, Planner I Pickering Civic Complex One The Esplande Pickering, Ontario L1V 6K7 OCT 2 '6 21j(\Ç) - "., """'",'ï=';:i\NG """¡j'f 01"=,1"' \'..1,-.-., MEN1 \.II ,-:,~ &. DEVELOP, . ?!.J"'Nt.I.~Ëp 1,p7MEtTr Dear Ms Yeh: Re: Zoning Amendment Application A24/05 Applicant: Delco Homes Incorporated Location: Block 17, 40M-1827 Southeast corner of Altona Road and Sparrow Circle Municipality: City of Pickering This application has been reviewed and the following, comments are offered. The purpose of this application is to amend the existing zoning of the subject property to permit townhouses to front onto a private road. Reaional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Living Areas are to be used predominantly forhousing , purposes. The proposed use ma¥ be permitted in the Living Area. Provincial Policies & Deleaated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. A Detailed Noise Study prepared by SS Wilson Associates Incorporated provides calculations and recommendations that appearto meet the requirements of the Region of Durham and the Guidlines of the Ministry of the Environment. The agreement for this development should contain the necessary provisions to ensure implementation of the noise attenuation measures and warning clauses as reçommended in the report. ' A Phase 1 Environmental Site Assessment, 'prepared by Forward Engineering and Associates Incorporated, indicates that there are no environmental concerns identified at the subject site., ' Reaional Services Municipal water supply and sanitary sewer services are available to the site~ @ 100% Post Consumer ATTACHMENT iI_ll <"",.:0 211 REPORT # PO /4 -ob."._,:--,- Page 2 If you have any questions or require further information, please do not hesitate to contact me. Q W1 ~ JwtI{ Dwayne Campbell, Planner Current Operations Branch cc: Peter Castellan, Regional Works Department N :\pi mldclZoninglCommen IsIPi ckeringlA2 4.05 .doc The Regional Municipality of Durham . Planning Department 605 ROSSLAND ROAD E 4TH FLOOR PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ region.durham.on.ca www.region.durham.on.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning 212. ATTtICHMEN7 # -.L6~,....,,=.Tt: REPORT # PO iLl-ore Joyce Yeh, Planner I - --,,~. Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 :J f~ \; '.: '. Dear Ms Yeh: Re: CITY OF P¡CrZf..:F1H;¡C3¡ PLANNiNG & DEVELOPMENT OEPÞ,RTMENT Zoning Amendment Application A24/05 Applicant: Delco Homes Incorporated Location: Block 17,40M-1827 Southeast corner of Altona Road and Sparrow Circle Proposal: To permit townhouses to front onto a private road Municipality: City of Pickering The Region has reviewed the revised noise study for the above-noted application and the following comments are offered. As the subject property is adjacent to Altona a Road, a Detailed Noise Control Study was. prepared by SS Wilson Associates (Report W AO5-041 , Revision1) to identify any potential impacts on the proposal, including noise mitigation and warning clauses. The noise study suggests a2.2 metre high sound barrier flanking and along the rear of the proposed Block S- Unit 10. No noise control measures are recommended along the Altona Road frontage as the Outdoor Living Areas are situated at the front of the units. The study also suggests appropriate warning clauses regarding the outdoor and indoor sound levels from noise sources. The study provides calculations and recommendations that would appear to meet the requirements of the Region of Durham and the Guidelines of the Ministry of the Environment. The City of Pickering should ensure that the agreementfor this devèlopment contains the necessary provisions to ensure the implementation of the noise attenuation measures and warning clauses as recommended in the report. If you have any questions.or require further information, please do not hesitate to ' contact me. f1m~JMI{ Dwayne Campbell, Planner . Current Planning cc: . Peter Castellan, Regional Works Department (Ð 100% Post Consumer ,'i'fACH¡VIEm tr_i~.,_TG HEPORT # PD. i4:0~_,~.,"._.. 213' Yeh,Joyce From: Sent: To: Subject: Jeff Almeida [Jeff.Almeida@region.durham.on.ca] January 6, 2006 10:38 AM Yeh, Joyce Emergency Vehicle Access @ Altona Road Hi Joyce, Further to our discussion, the Region is not in support of an emergency access to Altona Road for the Delta Homes development at the corner of Altona Road and Sparrow Circle. Primary access is from Sparrow Circle and an emergency access can be provided from Chickadee Court. Should you require any further assistance, please feel free to contact me. Thanks, Jeff Almeida Transportation Infrastructure Works Department The Regional Municipality of Durham 1 214 " (!H'I~n.l'í,,:I\,17, ,~" ",/4,' T,O, ,".1, d,' ^ .' '~..~_.~,..~ :;E?ORf ìi PD~. October 25, 2005 JOYCE YEH CITY OF PICKERING PICKERING CIVIC COMPLEX ONE THE ESPLANADE PICKERING ON L 1V 6K7 Dear Sirs: ENBRIDGE ENBRIDGE GAS DISTRIBUTION INC. 500 Consumers Road North York ON M2J 1P8 Mailing Address P.O. Box 650 Scarborough ON M 1 K 5E3 RE: FILE: A 24/05 - ZONING BY LAW AMENDMENT APPLICATION DELCO HOMES Enbridge Gas Distribution has no objections to the development as proposed. However, should the applicant consider the use of natural gas for this development, Enbridge requests the developer contact us at their earliest convenience to discuss installation and clearance requirements for service and metering facilities. Please note that, while Enbridge has no objection to the proposed development, a potential conflict does exist with our gas main circling Chickadee Court. Please submit a drawing for markup before proceeding with any construction. Yours truly, ./) í 6JvJ'/."i // It ' I , í / L8<1ndy Wilton Manager, Network Analysis Distribution Planning (416) 758-7966 (416) 758-4374 - FAX RW:swc """" ,'f¡.,g ~~ ~~ \t'~. E~ ~ \\ìØ,' ~ IÇ.", 'a"Ø i ~~~, 1/j rØ' 0 C\' 7- '7 2\JGS , " C'¡f(;,:'i~iNG .', -"'~ . >, ;" . ""~T~¡ cH- \ ~~'~L.OPMEN1 Vi NING 8< D.~ ... "1' ?U),N !"""'::>!l.f?ïMf..N, \.)1:",' . tf~~ ~OO(')'<? ~p" <:~~t)~, t,,"1<~~~ 'QT~ V/ , ~),~~. '1~-irQ 215 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 16-06 Date: February 27, 2006 From: Neil Carroll Director, Planning & Development Subject: Direction on City Staff Involvement on an Appeal to the Ontario Municipal Board Committee of Adjustment Decision on Application PICA 55/05 Pickering Auto Body Ltd. 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering Recommendation: 1. That the Ontario Municipal Board be advised that City Council supports the decision of the Committee of Adjustment refusing the variance to reduce the required parking spaces for PICA 55/05 at 1968 Notion Road. That the appropriate City staff attend the March 20, 2006, Ontario Municipal Board hearing in opposition of the application and to advance Council's support of the Committee of Adjustment decision. 2. Executive Summary: Pickering Auto Body Ltd., desires to expand its existing facility located on the west side of Notion Road. To accommodate its plans a variance to the City's Zoning By-law is necessary to permit a reduction in the number of required parking spaces. Planning & Development staff recommended refusal of the requested variances. The staff report to the Committee of Adjustment stated the variance is major and the proposal represents over-development of the site. The Committee of Adjustment refused the variance, and Pickering Auto Body appealed the decision of the Committee of Adjustment to the Ontario Municipal Board (OMS). The purpose of this report is to seek Council direction respecting their position at the OMS hearing scheduled for March 20, 2006. It is recommended that Council provide direction to staff to defend the Committee of Adjustment's refusal decision at the OMB hearing. Financial Implications: Attendance at the Ontario Municipal Board hearing will involve staff time for preparation and attendance. ~!o'?t PD 16-06 Subject: 1968 Notion Road (PICA 55/05) Date: February 27, 2006 Page 2 1.0 Background Location The subject property is located on the west side of Notion Road, five properties south of the corner of Kingston Road and Notion Road. Detached dwellings are located to the west, while industrial/commercial type uses are located to the north, south, and east (across Notion Road) of the site, including a cemetery (see Attachment #1 - Location Map). Official Plan and Zoninq The subject property is designated 'Living Area' in the Region of Durham Official Plan and designated 'Mixed Employment' in the City of Pickering Official Plan. The property is zoned 'MC-15' - Industrial - Commercial Zone in By-law 3036, as amended by By-law 5940/02. The 'MC-15' zoning permits an array of industrial-commercial uses. The zoning also permits lawful uses existing on the lands designated 'MC-15' on the date of passing of the By-law [Section 5(2)U)(i)]. deeming them to comply with the provisions of By-law 3036, as amended. Further, the by-law requires that any alterations, additions, or new development on the lands shall comply with all the performance standards set out in the by-law (see Attachment #4 - Copy of Zoning By-law 5940102). Committee of Adjustment Application On October 19, 2005, the Committee of Adjustment considered an application submitted by Pickering Auto Body Ltd. located at 1968 Notion Road to permit a minimum of 11 parking spaces and a minimum parking setback of 1.6 metres from Notion Road in order to facilitate an addition to the existing auto body shop (see Attachment #2 - Applicant's Initial Submitted Plan and Attachment #3 - Applicant's Revised Submitted Plan and Elevations). . The zoning by-law requires a minimum of 29 parking spaces and a minimum parking setback of 3.0 metres for the development proposed by the applicant. City Planning Staff recommended refusal of the application (see Attachment #5 - Planning Staff's Report to the Committee of Adjustment of October 19, 2005). Committee of Adjustment Decision The Committee of Adjustment tabled the application at its October 19, 2005 meeting at the request of the applicant's agent. The applicant's agent advised that the site design had changed, thereby altering the requested variances (see Attachment #6 - Minutes from the October 19, 2005 Committee of Adjustment Meeting). Report PD 16-06 Subject: 1968 Notion Road (PICA 55/05) Date: February 27, 20m2! 7 Page 3 On November 9, 2005, the Committee of Adjustment lifted PICA 55/05 from the table. A revised application proposed the provision of 21 parking spaces, whereas the by-law requires a minimum of 29 parking spaces for the revised proposal. The additional 10 proposed parking spaces were introduced 'in a parkade structure' located below the rear addition. The variance for parking area setback from Notion Road was deleted. . City Planning Staff recommended refusal of the revised application (see Attachment #7 - Planning Staffs Revised Report to the Committee of Adjustment and the Applicant's Revised Submitted Plan). The applicant requested that the Committee of Adjustment table the application a second time, as he had revised the site design again to scale down the building addition and increase parking so that a smaller variance for parking would be required. The Committee of Adjustment refused the application and advised the applicant that he should submit a new application to deal with his development revisions (see Attachment #8 - Minutes from the November 9, 2005 Committee of Adjustment Meeting and Attachment #9 - Committee of Adjustment's decision on the subject application at the November 9, 2005 meeting). Appeal to the Ontario Municipal Board The applicant has appealed the Committee of Adjustment's refusal decision to the OMB, and a hearing date has been set for March 20, 2006. The appellant has indicated that he will be pursuing approval of a further revised plan at the hearing. However the City has not received a formal notice of amendment to the application from either the applicant or the OMB. Consequently, it is our understanding that the hearing will be based on the applicant's first revised plan that proposed 21 parking spaces, as refused by the Committee of Adjustment (see Attachment #10 - Copy of the letter of appeal to the OMB from Zaheer Beg and Applicant's Revised Plan). The purpose of this report is to establish a Council position on this matter at the aMB. 2.0 Analysis Staff Position Staff advised in both reports to the Committee of Adjustment that the requested reduction in parking to accommodate construction of an addition to the existing auto body shop is not minor in nature, nor is it conducive to the desirable or appropriate development of the site. The reduction in parking would aggravate the on-site parking situation and facilitate overdevelopment of the property. 218 Report PO 16-06 Subject: 1968 Notion Road (PICA 55/05) Date: February 27,2006 Page 4 The introduction of new floor area creates the need for more parking and reduces the site area available for parking purposes. The resultant development condition proposed by the applicant does not provide adequate on-site parking to serve an auto body shop operation thereby making the proposed development inappropriate and undesirable. Auto body shop operations typically require all the parking spaces required by the zoning by-law, if not more. Extra parking spaces are often required for vehicles being worked on, waiting to be worked on, or waiting to be picked-up. Therefore, a reduction from the minimum required parking space provision is not considered appropriate. Planning Staff support the redevelopment of this property provided the plan meets the current zoning by-law provisions of By-law 3036, as amended by By-law 5940/02. City Staff should attend the OMB hearing set for March 20, 2006 to support the Committee of Adjustment decision and advance the principle of supporting appropriate development. If a City position is not advanced at the OMB hearing, the Committee of Adjustment's decision will not be defended. Attachments: 1. 2. 3. 4. 5. 6. 7. Location Map Copy of Zoning By-law 5940102 Applicant's Original Submitted Plan Applicant's Revised Submitted Plan and Elevations Planning Staffs Report to the Committee of Adjustment of October 19, 2005 Minutes from the October 19, 2005 Committee of Adjustment Meeting Planning Staff's Revised Report to the Committee of Adjustment of November 9, 2005 and the Applicant's Revised Submitted Plan Minutes from the November 9, 2005 Committee of Adjustment Meeting Committee of Adjustments decision on the subject application at the November 9,2005 meeting Copy of the letter of appeal to the OMB from Zaheer Beg and Applicant's Revised Plan 8. 9. 10. Report PO 16-06 Subject: 1968 Notion Road (PICA 55/05) Date: February 27,2006 21 9 Page 5 Prepared By: ROSS£.~ R:f? Principal Planner, Development Review GXR:ld Attachments Copy: Chief Administrative Officer \ ration of Approved / Endorsed By: Neil Carroll, Director, Planning & Development 220 ATTACHMENT#----L----ro REPORT # PO ¡L, "öb CRESCENT 0 a::: m w :J -' m FINCH AVENU 0 ~ 0 a::: PICKERING City of Pickering I'. : ¡ .1 II I.:.' : ¡I Planning & Development Department ROAD w ;::: a::: 0 . -'-.""-" --"'--"'" I . "'--"""""'--"'- ! ;~ I : . <J I :~ j L.~ '" ~ . I . I i I~ ! I@ I I i i j i ÇJ . ~ !!~ I J@ "'" ~ iÞ "~: ¡::ill ~i . ! II . I I ! ¡I . i PROPERTY DESCRIPTION CONCESSION 1, NORTH PART LOT 17 OWNER PICKERING AUTO BODY LTD. DATE SEPT. 27, 2005 DRAWN BY JB FILE No, PICA 55/05 w ;::: a::: 0 :;: w 5 I f- :J 0 (/) f- a::: :J 0 U I (/) a::: ~ :::;; w 0 0 a::: m z « m w 0 Vi z a::: :J m PARKWAY SCALE 1 :5000 CHECKED BY RP 0 T~ro~:;cË~;.,p"", Inc. end as supp"o", All ri.hts R...,.od, Not 0 pion of sur.oy, 2005 "PAC end its supp"o,., All r; hts R.s.~.d, Not 0 pron of Sur.. . l' PN-9 a I(ç, ~.Qk;' t)')~ (. i- .1 APPLICANT'S INITIAL PLAN 11 PARKING SPACES INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN PICA 55/05 - PICKERING AUTO BODY LTD. To permit a minimum of 1.6 metre parking setback to an accessible space abutting Notion Road . . --:4 ~ - - . , '. -.~ , .: ' PROPOSED , I STOREY I ADDITION 'r1'6m ...: EXISTING EXISTING 2 STOREY , 1 STOREY 1.6 m c BUILDING BUILDING < cø. 0 ~ r z " 0 EXISTiNG . 1= 0 1 STOREY Z BUILDING TO 1- BE DEMOLISHED, .... ,...t. - ""7" .... 60.9 m E ,to ee N N PROPOSED 1 STOREY ADDITION r/ //./ / ./ / / /',/ ',./ / ./ ' ./ ./,/,/,/ ,/,/ ./ To permit a minimum of 21 parking spaces ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT. 3, 2005, ...J ! (fJ i(ID - .~' I ! 12% SLOPE'DOWN ~ I) 2. t') (',. c ¡-- ._,-- ',(l ~. I to> , I E ¡ -- -- co N N z , " ~ 0 0 w a. APPLICANTS REVISED PLAN 21 PARKING SPACES INFORMATION COMPILED FROM APPLICANT'S SUBMITTED t"LAN PICA 55/05 - PICKFRINc; AI JTO Ronv I Tn. -'- : PROPOSED . PARKADE - -r~ BELOW 1 STOREY ADDITION ¡ , i t .._~ .- ,,_..- ,', ~-_._..,--~~ ,1 ,--,_.._'.,...... .,....." ' <III 12% SLOPE DOWN, , I " . " '."~' .. "'" ! ;~ '¡ II 'I PROPOSED . 1 STOREY .~ ! ADDITION ~; 'fNlTH PARKADE BEL , ¡;'1 W EXISTING 2 STOREY BUILDING' PROPOSED 1 STOREY ADDITION f ! '\ ;':; , Q , I Qj I ; :;!.'..~.."":'1:.¡.. i).,;"". ,.1 J!Õ " L , '1(0);- .: -'."T'~'!."":,\i?D ¡ ~, t i" r ! j l, ;' ~' , . 10% SLOPE UP ~ __n. - ~'- r" ,_. '~:<';' ~ ,. "~'I~b:.:~j"~""4: p. -.- '--,:;:;. '. - To permit a minimum of 21 parking spaces c « 0 cr:: z 0 ¡:: 0 z \ ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT. 3, 2005, /u" ,.~,:~~QE~_,"~,",~ 9'9,':) ¡..._OJ' APPLICANT'S REVISED ELEVATION PLANS INFORMATION COMPILED FROM APPLICANT'S SUBMITTED ELEVATION PLAN PICA 55/05 - PICKERING AUTO BODY LTD. r- -------- ¡ I ! CD ."rr""'",,'.r,]!'I'r~"I: II'I'11W']l, TITT',1 ' . <i"III!' I , ", Ii/" ~ -- ""'I .. , - ":;¡:;,'.!'I.!iI,i¡,q. ,',1' -j Ll~ LL LJ,J'" ¡ - I , , SOUTH ELEVATION " í'=C; r-- - ---ITIf [~"I"¡:::' : IIIIII~,I/.Jiljill"" , I ! ¡ I D -- -- - -j( I ,; ¡ Ii - ."""'-- ...-.-.-, ..-...,--........... NORTH ELEVATION -- --,"-'--""-,w_"--,,,--,-,-- EÃST ELEVATION .-. ",' -'," I:r~""';¡ .. ---______1-' WEST ELEVATION , THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT. 3, 2005, t¡). , ,¿lit.. ¡ ~ : 'to ';-1þ(:; ",'~1!1 # THE CORPORA nON OF THE CITY OF PICKERING BY-LA W NO. 5940/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to impl~ment the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 17, Concession I, City of Pickering. (OPA 01-O041P; A 19/01) WHEREAS the Council of the Corporation of the City of Pickering, having completed the Notion Road Land list ~.; ¡_'rban Design Study, deems it desirable to permit a range of mixed employment uses on th:: sabJ eet lands, being Part of Lot 17, Concession I, City of Pickering; AND 'WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCfL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto 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 17, Concession 1, City of Pickering, designated "MC - 15" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in confOlwity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) "Adult Entertainment Par1our" shall mean any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Business Office" sha1l mean any building or pali of a building in which one or more per~ons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shaH not include a retail store; (4) "Club" shaH mean a building or part of a building in which a not-far-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; 4- ;, TO J"~:J;J~."".. ._- ¡ (5) (6) - 2 - " .., :' It. If TO HEPORì iI PO -¡¡;:ez:;- 225 "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses pemlissible within a place of amusement or entertainment as defined herein; (7) "Commercial Schoo]" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; (8) "Convenience Store" shall mean a retail store in which food, dmgs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (9) "Dry Cleaning Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dI)' cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (10) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (11) "Food Preparation Plant" shaH mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distJibution to retail or institutional outlets; (12) "Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below established grade, designed for owner or tenant occupancy or exc]usive use only, but excluding storage areas below established grade; (13) "Light Machiner\' and Equipment Supplier" shall mean a building or a pal1 of a building in which office furniture and machines, carpet and drapery cleaning equipment, painting, gardening and plumbing equipment, small hand power too]s and similar products are stored, offered or kept for wholesale or retail sale to industrial or commercial establishments; (14) "Light Manufacturing Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other' than the processing of wood pulp; the production of cosmetics, dmgs and other phannaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, fumiture, housewares, toys, musical instmments, jewellery, watches, precision instruments, radios and electronic components; (15) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such Jot constitutes the whole of a lot or block on a registered plan of subdivision; (a) (b) "Lot Frontage" shall mean the width of a Jot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; 226 'I I (17) - 3 - i" T1 iC'{;[rr!!¥"__.~:rO U ,!". P U~,,_,",y£:gL".__.,----"~ (16) "Manufacturing Plant" shall mean a building or part of a building in which is carried on any cc:tivity or operation pertaining to the making of any al1icle, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing. packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, fulllitme or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (18) "Office-Associated Commercial Establishment" shall mean an establishment providing retail goods or equipment required for the daily operation of a business office or professional office, such as a stationery store, a computer store, or an office furniture store; (19) "Personal Service Shop" shaH mean an establishment in which a personal service is perfonned and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224(9)(b) of the Municipal Act, R"S.O. 1990, as amended fìom time-to-time, or any successor thereto; (20) "Place of Amusement or Entertainment" shaH mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a biHiard or pool room, a dance hall, a music hall or a theatre, but shaH not include a room or an area used for any video lottery tenninal use as governed by the Gaming Services Act, an adult entertainment parlour as defined herein or a body rub parlour as defined in the Ivlunicipal Act, R.S.O. 1990, Chapter MAS, as amended from time to time, or any successor thereto; (21) "Place of Assembly" shall mean a building or pa11 of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical perfonnances, but shall not include a place of amusement or entertainment as defined herein; (22) "Place of Religious Assembly" shall mean 1ands or premises where people assemble for worship, counseling, educational, contemplative or other purposes of a religious nature, which may include social, recreational, and charitable activities, and offices for the administration thereof; (23) "Printing Establislm1ent" shall mean an establislm1ent used for blueprinting, engraving, electro-typing, photocopying, plotting fìom disk, printing, stereot)'1iing . or typesetting; (24) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is perforn1ed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-ntb parlour as defined by the Municipal Act, RS.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; (25) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; II -4- . ~~ 11.- If TO ,:c!yH ;1 PD~_.. I~J - ttz. 227 (26) "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of I11mor vehicles, and does not include a video store; . (27) "Sales Outlet" shall mean a building or part of a bui1ding accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a Plinting establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on ¡he premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future de]ivery of such products; (28) "Scientific, Medical or Research Laboratory" shaH mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (29) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are perfom1ed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; (30) "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shaH not include any establislU11ent engaged in the retail sale of motor vehicle fuels; (31) "Video Store" shall mean a building or part of a building in which video cassette recorders, tapes, and accessories thereto are stored, serviced, displayed, and offered for rent or retail sale to the public for use off the premises only; (32) "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shalll1ot include a fuel storage tank except as an accessory use; (33) "Waste Transfer and Management Facility" shall mean a building or pal1 of a building which is used primarily [or the storage, handling or processing of household, institutional, commercial or industrial waste; (34) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, stmctures, or other uses as are specifically pennitted thereon; (a) (b) "Front Yard" shall mean a yard extending across the f111l width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the fu]] width of a lot benveen the rear Jot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or stl1lcture on the Jot; _28 5. PROVISIONS (1) - 5 - f" .Lf .". , k~ 010 (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest \\'al1 or the nearest main building or stnlcture on the lot; (f) "Side Yard" shal1 mean a yard of a lot extending from the fi'ont yard to ¡he rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or stl11cture on the lot; (h) "flankalle Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "flankalle Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or stmcture on the lot; and U) "Interior Side Yard" shall mean a side yard other than a flankage side yard. Uses Permitted ("MC - 15" Zone) No person shall within the lands designated "MC-lS" on Schednle I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) U) (k) (I) (m) (n) (0) (P) (q) (r) (s) (t) (u) (v) (w) (x) (y) bakery; business office; club; commercial club; commercial-recreational establishment; commercial school; convenience store; dry cleaning establishment; financial institution; food preparation plant; light machinery and equipment supplier; light manufactming pJant; merchandise service shop; office-associated commercial establishment; personal service shop; place of amusement or entertainment; place of assembly; place of religious assembly; printing establishment; professional office; restaurant - Type A; rental establishment; sales outlet; scientific, medical or research laboratory; warehouse. (2) - 6 - i~ 4 T'I .) ,.__._..=..~ u , !::':i"_w."..,J.k?.:é:!e.--...,,,. f)r')9 {.. f- . i Zone Requirements ("MC - 15" Zone) No person shall within the lands designated "MC - 15" on Schedule T attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: All pelmanent uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display; (b) FRONT YARD DEPTH (minimum): 6.0 metres (c) INTERIOR SIDE YARD WIDTH (minimum): 4.5 metres (d) FLANKAGE SIDE YARD WIDTH (minimum): 3.0 metres (e) REAR YARD DEPTH (mirumum): 12.0 metres (f) (g) BUILDING HEIGHT (maximum): 12.0 metres PARKING: (i) There shall be provided and maintained on the lands designated "MC-IS", parking at a ratio of: S.S spaces per 100 square metres gross leasable area for the first 500 square metres; phiS, 3.S spaces per 100 square metres gross leasable area for all 11001' space in excess of 500 square metres; (ii) Clauses 5.11.1 (a), (b), (c), (e) and (f), inclusive, of By-law 3036, as amended, shall not apply to the lands designated "MC - IS" on Schedule I attached hereto; (iii) Despite clauses S.21.2g) and S.11.2k) of By-law 3036, as amended, all entrances and exits to parking areas and all parking areas shall be surfaced with blick, asphalt, or concrete, or any combination thereof. (h) LOADING: (i) shall only be located in the side yard; (ii) Despite (i) above, loading may be located in the rear yard provided. it is screened ITom public view and from abutting residential land uses through architectural screening, landscape buffering, berming or a combination of these treatments. I1l\ 'Q, 0 ( .....1 . (i) U) - 7 - , " '. 'T 'l ~ ',i,':C},'!. it '. --~~" PC' Ih-oiO REAR YARD LANDSCAPED OPEN AREA: A minimum 3 metre landscaped open area shall be provided along the rear lot line to screen parking, loading and buildings through architectural screening, landscape buffering, benDing or a combination of these treatments, from the view of abutting residential uses. SPECIAL REGULATIONS: (i) Despite any other provision in this By-law, lawful uses existing on the lands designated "MC-15" on Schedule I attached to this By- law on the date of passing of this By-law, shall be deemed to comply with the provisions of By-law 3036, as amended. Any alterations, additions, or new development on the lands shall comply with all the provisions set out in this By-law; Despite any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-] 5" on Schedule 1 attached hereto; A sales outlet, accessory to a permitted bakery, food preparation plant, light manufactUring plant, manufacturing plant, merchandise service shop, printing establishment or warehouse, shall only be pennitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of ¡he related industrial operation; Despite Clause (iii) above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; The maximum gross leasable floor area for any convenience store, office-associated commercial establishment, tìnancia! ;nstitutibn, personal service shop, and restaurant - Type A shall be 325 square metres; The maximum aggregate gross leasable floor area shall be: A for all convenience stores on the lot: 325 square metres (ii) (iii) (iv) (v) (vi) B for all office-asso'ciated commercial establishments on the lot: 3:25 square metres C for all financial institutions on the Jot: 325 square metres D for al1 personal service shops on the lot: 325 square metres E for al1 restaurants - Type A on the lot: 325 square metres -8 - ""T.I..,.r'\.J""'.':~'T# 4. "Y'Q """"""L"",_,wl.- . ; ~)f'~,.jk::Þ.!e~""-,, fì'~.J,.. oJ J t 6. BY-LAW 3036 (1) By-law 4257/72 is hereby repealed; (2) By-laws 2118/85 and 2245/86, only as they affect the subject lands designated "MC-15" on Schedule I attached hereto, are hereby repealed; and, (3) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it appJies to the area set out in Schedule I attached hereto, Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended, 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof, subject to the approval and com:.ng into effect of the related Amendment 7 to the Pickering Official Plan (resulting from Pickering Official P]an Amendment Application OPA 01-004/P), or subject to the appr;)val of the Ontario Municipal Board, if required. BY-LAW n:ad a first, second, and third time and finally passed this 21 day of January, 2002. --? ~~// Wayne Arthurs, Mayor .¡}:/ ;?/} ,; I ~nlce Taylor, Clerk ~ "-" I tr}' ! f) ¡. . i II I: 1\ II .1 !I ¡i \1 1\ II II " Ii ,I Ii Ii Ii :1 Ii Ii il Ii Ii I' !\ Ii Ii ;j i I II I I I I TO 12 .:.çzb ' ~~." \ i ,/' ~I/ ...-'\, .....------ ---/ ---------- ------' ~/ \ \ \ \ \ l' N SCHEDULE I TO BY-LAW 59ílO/O2 PASSED THIS 21 DAY OF January 2002 ~~ MAYOR ,/..':? (>'! , I { "--- , . CLERK' 5 . 'C .lÍtJ:-:l;/o o3/:"è (... .j CiÚI o~ REPORT TO COMMITTEE OF ADJUSTMENT Application Number PICA 55/05 Meeting Date: October 19, 2005 From: Ross Pym, MCIP, RPP Principal Planner - Development Review Subject: Committee of Adjustment Application PICA 55/05 Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering Application: The applicant requests relief from Zoning By-law 3036, as amended by By-law 5940/02 to permit a minimum of 11 parking spaces and a minimum parking setback of 1.6 metres from Notion Road, whereas the by-law requires a minimum of 28 parking spaces and a minimum parking setback of 3.0 metres from Notion Road. The applicant requests approval of these variances in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. Recommendation: The Planning & Development Department considers the proposed reduction in parking to a minimum of 11 parking spaces and a reduced parking setback of 1.6 metres to be major variances that are not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law, and therefore recommends REFUSAL of the proposed variances. 234 Report PICA 55/05 f- .;;L-_- jJ!; . ..~---!~~:.,9~-.--_w_- October 13, 2005 Page 2 Comment: Official Plan and Zoninq By-law Pickering Official Plan - "Employment Area - Mixed Employment" within the Village East Neighbourhood Zoning By-law 3036, as amended by By-law 5940102 - "MC-15" -Industrial - Commercial Zone Appropriateness of the Application Minimum Parking Space Variance - the intent of the zoning by-law is to require a minimum number of parking spaces to ensure that there is adequate parking provided on-site to serve the operation; - the applicant is proposing to construct two one-storey additions, approximately 315 square metres in size, onto the existing 220 square metre building, for the purpose of operating an auto body shop; - the applicant is requesting to reduce the required 28 parking spaces to 11 parking spaces, this is a 60 percent reduction; based on a recent site visit to the property, it appears as though there is currently not enough parking provided on-site to support the operation within the existing building; - the proposed two one-storey additions on the site will only aggravate the parking situation, as the introduction of new floor area creates the need for more parking while eliminating space presently used for parking; - the reduction of parking will negatively impact the function of the property; - this reduction will not adequately provide enough parking on-site to serve the operation; - the proposed reduced parking is not considered to be minor in nature and is not desirable development; - the intent of the zoning by-law would not be maintained. Parking Setback Variance - the intent of the parking area setback is to maintain an appropriate buffer between vehicle parking areas and public road allowances; - the vehicle parking setback is only necessary if the request for the parking reduction was supported; - the request for the reduced parking is not supported therefore the parking setback from the road allowance cannot be supported; Report PICA 55/05 235 -' f !:7 ..['-'U¡; i ;>1 PL,-==JlP-::~oi;L~,=", . October 13, 2005 Page 3 Input From Other Sources Pickering Fire Services Development Control Supervisor TRCA Date of report: October 13, 2005 Comments prepared by: RP:GXR:jf co fal re po rts/2 00 51 peaS 5-0 5 . d oe Enclosure no concerns no concerns a permit is required from the TRCA prior to the construction of any buildings or structures and prior to the placement or dumping of fill on the property Ross p&pp~ Principal Planner - Development Review o3C {~ . \) 7. PUm\NH ADOPTiON PICA 55/05 - Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering ;~rTÞ,Ci;~;:::¡\I'1i,~.~-=-1'O EXTRACT FROM COMMITTEE 0: . ;1 P[:,"",,="J'a.:""CW ~~,,- ADWSn'iiENT MiNUTES OF ~. "".", 0 CT 1 H L\J~13 . . The applicant requests relief from Zoning By-law 3036, "as amended by By-law 5940102 to permit a minimum of 11 parking spaces and a minimum parking setback of 1.6 metres from Notion Road, whereas the by-law requires a minimum of 28 parking spaces and a minimum parking setback of 3.0 metres from Notion Road. The applicant requests approval of these variances in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. ..,,--'.- The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments were also received from Toronto and Region Conservation stating that TRCA staff do not object to the minor variance application, subject to the applicant successfully obtaining an Ontario Regulation 158 permit prior to the issuance, of municipal building permit. Zaheer Beg, agent, was present to represent the application. Mary Louise & Peter Huebner of 1964 Notion Road were present in objection to the application. Zaheer Beg advised the application is being revised as the site design has changed and the requested variance will also change. MOTION: Moved by Bill Utton, seconded by Chris Braney That application PICA 55/05 by, Pickering Auto Body be TABLED until the next scheduled meeting of November 9, 2005 to give the applicant the opportunity to amend the application. CARRIED Vote Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton in favour in favour opposed in favour in favour 85 ?37 '7 ...- - '.l~--J.Jilì REPORT TO COMMITTEE OF ADJUSTMENT Application Number PICA 55/05 Meeting Date: November 9, 2005 (Tabled from October 19, 2005 meeting) From: Ross Pym, MCIP, RPP Principal Planner - Development Review Subject: Committee of Adjustment Application PICA 55/05 - REVISED Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering Application: The applicant has amended the application and requests relief from Zoning By-law 3036, as amended by By-law 5940102 to permit a minimum of 21 parking spaces, whereas the by-law requires a minimum of 29 parking spaces. The applicant requests approval of this variance in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. Recommendation: The Planning & Development Department considers the proposed reduction in parking to a minimum of 21 parking spaces to be a major variance that is not desirable or appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law, and therefore recommends REFUSAL of the proposed variance. fl)~() ,~,J" Report PICA 55/05 - REVISED ~t.=.l,~~~ ~/~;.<-LLe,:Ç(¡)---- - November 3, 2005 Page 2 Comment: Official Plan and Zoninq By-law Pickering Official Plan - "Employment Area - Mixed Employment" within the Village East Neighbourhood Zoning By-law 3036, as amended by By-law 5940102 - "MC-15" -Industrial - Commercial Zone Appropriateness of the Application Minimum Parking Space Variance - the intent of the zoning by-law is to require a minimum number of parking spaces to ensure that there is adequate parking provided on-site to serve the operation; - the applicant is proposing to construct two one-storey additions, approximately 388 square metres in size, onto an existing 116 square metre portion of the building, for the purpose of operating an auto body shop; - the applicant is requesting to reduce the required parking from 29 to 21 parking spaces, with 10 of the parking spaces being provided in a parkade structure located below the proposed rear addition; in order to accommodate parking in the parkade structure a significant amount of fill would have to be removed from the site in order to achieve grades to access the parkade area; - a number of reports would also have to be submitted and reviewed in order to determine the impacts of this design on the subject lands and abutting lands; - the proposed two one-storey additions with the parkade structure below the rear addition does not promote proper site development; by providing parking in a parkade structure below the rear one-storey addition demonstrates that the site is being overdeveloped; - although the proposed design is creative, it still cannot achieve the minimum required number of 29 parking space; - the nature of auto body shop operations is that the minimum, if not more parking spaces are required on-site as extra parking spaces are required for vehicles being worked on, waiting to be worked on, or waiting to be picked-up thus a reduction from the minimum required parking spaces is not considered appropriate; - the inability to achieve the minimum amount of required parking, even with significant site alterations, demonstrates that the proposal is not minor and is not appropriate or desirable development; - the intent of the zoning by-law would not be maintained. Report PICA 55/05 - REVISED ,'7 ,i' it P[):::.:::J1::Q~~.o 2'3'" November 3,2005 Page 3 Input From Other Sources Pickering Fire Services Development Control Supervisor TRCA Date of report: November 3, 2005 Comments prepared by: RP:GXR:ld cofa/reports/200S/pcaSS-O5- TABLED ,doc Enclosure no concerns Concerned with the impact of grading, drainage, bearing capacities (geotechnical), stormwater management, site engineering and construction management on the subject site and abutting the property; a permit is required from the TRCA prior to the construction of any buildings or structures and prior to the placement or dumping of fill on the property; Ross pC~pp t? Principal Planner - Development Review -.J ! (f) i(ID - ~' I ! 12% SLOPEi'DOWN . 240 ¡-- ,.'-- '?J' § i b E' !--- c.c ~! z , " ~ 0 0 w a.. ."Ù!iViEilJT !Jc_~'T..,.~"='"LY '1EHAr; 11 rD"~=~L~~Ç'1e.~~ APPLICANTS REVISED PLAN 21 PARKING SPACES INFORMATION COMPILED FROM APPLICANT'S SUBMITTED t"LAN PICA 55/05 - PIC'.KFRINC"', AIITO Ronv I Tn. - : PROPOSED PARKADE -1-~ BELOW 1 STOREY ADDITION I I ¡ .. ',.- ,. ..-". .', ~-_..,"- ,---:I. ,1, '--'-"""""" ...'..", ' III 12% SLOPE DOWN, , I " ' . f " ",,;. " ."" i -:; ï II '\ PROPOSED , 1 STOREY ~ ¡ ADDITION ~; .. rv"ITH PARKADE BEL , ':;1 ¡ , w EXISTING 2 STOREY BUILDING' PROPOSED 1 STOREY ADDITION , . " " 10% SLOPE UP . --...- - ~.--+ 1'" -. '~:;:;,-:. ¡" . ~ "1:'::...'-~""4: '" 60.9 m --- "1':::':" ". . , ----. - - To permit a minimum of 21 parking spaces "\ " C <C 0 0::: Z 0 ¡:: 0 z " $ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT. 3, 2005. n;F"""viCi"""it ]'J"::'I ",...I"I'-¡~¡U,=~,=c~== ", ',C:,(,'i~,i¡.""n 1/..,_,-.,1" ",,:;>.)t J i7 '¡';w~~~~'f"c , I!)A',-«' I/- '"t;' J APPLICANT'S REVISED ELEVATION PLANS INFORMATION COMPILED FROM APPLICANT'S SUBMITTED ELEVATION PLAN PICA 55/05 - PICKERING AUTO BODY LTD. L~, -", H---- , ~- -------- , I ! 1.11.¡rrr"":."..'l:1rl"'f~'I:I:I'I-Ilrr,:mm, 1:.1 ' -""-"-'-L~¡iliIIIL,:", 'ì-_- -"'ii::,~.!il,.!lI.ii,ILI' ..4P --I OJ : j' ::. ¡ I ," - : . . l~", '-.-' L.1.. i .. I rn , , .. ...-.....-.---.-. SOUTH ELEVATION '=c; r-- --~ITr1nrm"I"¡~:i : 111I11~l.lIlJ¡liill" ! : I 0 -- - -- -j.-, I I' ¡ Ii . _. """'--.--'-----"-'-"----""". NORTH ELEVATION ...,. EAST ELEVATION. -1-:--'" --'-'---'---""'--"'-"---"'----'-' ~L .-: "', . ."".' I {F~:"-;¡ .._- . .. .-.. - - . .LI WEST ELEVATION , THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, OCT. 3, 2005. 2,42 4. .1TTA""I-"\!f,:~,:~,'l 1,.-\', " "C"n,.,' '.~" \",dv:"...dj)Oc;..,=='-?-~~~J(", :~'i;:,;'C;,'n "JI ~)ô',.i".".",...L,I,.",'",'",C, J "',', ,-' ...r", " . ~..~.".,~ ,~-.-".,".y.(.,,-. (Tabled at the October 19, 2005 meeting) PICA 55/05 - REVISED Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering NOV 9 2005 PENDING ADOPHON EXTRACT FROM COMMITTEE Of ADJUSTMENT MINUTES OF MOTION: Moved by Bill Utton, seconded by Marie Billinger That PICA 55/05, by Pickering Auto Body be lifted from the table. CARRIED UNANIMOUSLY The applicant has amended the application and requests relief from Zoning By-law 3036, as amended by By-law 5940102 to permit a minimum of 21 parking spaces, whereas the by-law requires a minimum of 29 parking spaces. - The applicant requests approval of this variance in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Fire Prevention Officer, expressing no concerns. Written comments were received from the City's Development Control Supervisor concerned with the impact of grading, drainage, bearing capacities (geotechnical), stormwater management, site engineering and construction on the subject site and abutting property. Written comments were also received from Toronto and Region Conservation stating that TRCA require the following information prior to the approval of the minor variance, details of how the site will be flood proofed to the level of the Regulatory Flood and studies and drawings of the subject proposal that satisfy the Special Policy Area requirements. Zaheer Beg, applicant, was present to represent the application. Mary Louise & Peter Huebner of 1964 Notion Road were present in objection to the application. Zaheer Beg explained to the Committee that he would like to Table the application again and explained a revised plan has been prepared that scaled down the addition to the building, that parking will be on one level and only a small variance for parking will be required. Committee member David Johnson noted his concern with notification to area residents with tabled applications that propose different development and advised the applicant to submit a new application. MOTION: Moved by David Johnson, seconded by Marie Billinger That application PICA 55/05 by Pickering Auto Body, be REFUSED on the grounds that the proposed reduction in parking to a minimum of 21 parking spaces is a major variance that is not desirable or appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. CARRIED UNANIMOUSLY 88 <-1 . Jk;C9.~ 94'--:.' ¡:" ,J DECISION OF THE COMMITTEE OF ADJUSTMENT IN THE MATTER OF Section 45 of The Planning Act, RS.O. 1990, chapter P.13, PICA 55/05 - Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering The applicant has amended the application and requests relief from Zoning By-law 3036, as amended by By-law 5940102 to permit a minimum of 21 parking spaces, whereas the by-law requires a minimum of 29 parking spaces. The applicant requests approval of this variance in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. This application was heard by the City of Pickering Committee of Adjustment on November 9, 2005 due notice of such Hearing having been sent as required by the Committee of Adjustment. IT WAS THE DECISION OF THE COMMITTEE OF ADJUSTMENT: That application PICA 55/05 by Pickering Auto Body, be REFUSED on the grounds that the proposed reduction in parking to a minimum of 21 parking spaces is a major variance that is not desirable or appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. 244 PICA 55/05 :~~~~~1 !~ì £1; D .:::~::-1CZ~qiP Page 2 SIGNED this 9th day of November 2005, by all members present and concurring in this Decision LAST DAY FOR APPEAL OF THIS DECISION IS NOVEMBER 29, 2005 f '-hì.~~~ M. Billinger ---- I D.Johnson E. Newton B. Utton w .r-r /!;¡zL/ 'C"""\""""'I".,I""j 10 'T~' A; ¡ .. lA-III¡ c'~ j it ,---"'-" ->" ,.". HEPt)Rl ¡¡ -PD~,~,=lb~g(¡¿,. ~4:"' {~ "tJ NOTICE OF APPEAL ",~,' 1;;',' ,~, " ,= :1,'\,,/' ',,',ft'" ~;¡,'\" h i"" ~7 t: ~,., i '!;: ijJ November 28, 2005 ~,: ' ('" ') , '1" 'ì r> :~UV '"' !..UUJ CjTY OF PJCKERJNG¡ ?LA,NNING & DEVELOPNIE)\Ï'r DEP;),RTMENT Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, On M5G 1£5 Ref. : Committee Of Adjustment decision PICA 55/05 - Pickering Auto Body Ltd. 1968 Notion Road, Pickering The decision by the City of Pickering Committee of Adjustment, not to table for the next Committee meeting to consider "a further scaled down proposal" for the aforementioned address and the decision to refuse the application is unfair, biased, deliberate, inconsistent and discriminatory. Therefore in view of the above, I appeal to the Ontario Municipal Board, on the Committee of Adjustment's decision of November 9, 2005. A copy of the sketch handed to one of the committee members (Mr. David Johnson) along with the revised proposal and a cheque for $125 are enclosed. ! 11,¡{ I (/L.L. 24--/17 Pl----- Zaheer Beg .-:,-:¡, 100 Bobmar Road, Scarborough, Ontario M1C 1C9 Tel 416 281-8740 I Fax 416281-0047 I E-mail: zbeg@rogers.com 0 « a a:::: z a r- a z 9.Bm (32'-1~-) L 3. m 2.5m 1 3 "I ./ SITE PLAN SCALE 1:200 ~ L EXIST. NEIGHBOUR'S l PROPERTY ///////////////////////////LL// 12.0Bm (39'-7'f) 50.96m (200'-O-) 9.45m (31'-O") E.~1T. WOOD FENCE --, EXIST. DRIVEWAY 2.5m '" ~~:.¡ EXIST. 1 STOREYl ~ ¡ BLDG. TO BE .--" DEMOLISHED Ú . z , 0 ; ~ ¡ PROPOSED ~ : 1 STOREY : ADDIìlON de ; RECONSTRUCTION 2 4- 4.0m 11.2m EXIST. 2 STOREY BLDG. EXIST. 1 STOREVD PAINT BOOTH DEMOLISHED EXIST. DRIVEWAY EXIST. WOOD FENCE --1 PROPER1Y UNE ] 9.15m (30'-0") ..... f~ -- ......, <0' ..,:;" 12 '" -., .~ 5.3m(TYP.) L 13 . I -0 PROPqSED ~ 1 STOREY ADDITION ~ : ;. 14- 15 16 ~ .., l~ E E m <0 -: <0 on .,; +--'-- 20.51m (57'-3-) '"" "~ l-~ II I ~ I ].1 <O~ N~II ~2J~ 10 6.5m ~(TYP) 9 a , ;" !:::. 8 E <0 <0 N N 7 EXIST. METAL FENCE f':~ ,Þt Q) ~]j ;¡;,. CD:;:1 C';bo ~~ "iIoS: rn 9:12 ';;;:I _oj ~ ~ 1;. ~ ff~o ikJ~ 'E:" d :, ':;'~ 247 REPORT TO EXECUTIVE COMMITTEE Report Number: PO 17-06 Date: February 27, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 27/05 Silverlane Estates Inc. South Part of Lot 32, Concession 1 (Blocks 39 and 46, Plan 40M-2119 and Part 4, 40R-11901) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 27/05 be APPROVED, to rezone two Blocks to match the zoning of abutting land, to permit development of a townhouse and a detached dwelling, on lands being Blocks 39 and 46, Plan 40M- 2119, and; to rezone two additional Blocks to allow for open space uses, on lands being Part 4, Plan 40R-11901 (Blocks 16 and 18, Draft Plan of Subdivision S-P-2002-06). That the amending zoning by-law to implement Zoning By-law Amendment Application A 27/05, as set out in Appendix I to Report PD 17-06, be FORWARDED to City Council for enactment. 2. Executive Summary: The subject lands are located on the east side of Altona Road, south of Treetop Way, and are currently vacant (see Attachment #1 - Location Map). There are two components to this application. The first component of the application proposes to rezone Blocks 39 and 46 on Plan 40M-2119 to coordinate the zoning of these lands with the zoning of abutting parcels to the south. The second component of this application proposes to rezone Blocks 16 and 18 on Draft Plan of Subdivision S-P-2002-06 for open space uses, including a storm water management facility. No additional development from what was previously approved by Council through Draft Plan of Subdivision S-P-2002-06 and Zoning Amendment A 27/02 is being proposed on the subject lands. The proposed By-law amendment is a "housekeeping" matter to allow appropriate development to proceed in accordance with the intent of recent City Council approvals. It is recommended that this application be approved, and the draft by-law be forwarded to City Council for enactment. Financial Implications: proposed development. No direct costs to the City are anticipated as a result of the 248 Report PD 17-06 Date: February 27, 2006 Subject: Silverlane Estates Inc. (A 27/05) Page 2 Background: 1.0 1.1 1.2 1.3 Comments Received At the January 19, 2006, Public Information Meeting (See text of Information Report and Meeting Minutes, Attachment #3) . Todd Coles of Humphries Planning Group Inc, authorized agent, attended and advised that he agreed with City staff's comment that the application was technical in nature and advised that the proposal complies with the City's policies and regulations pertaining to tree preservation; . Jeff Blowers of Tilson Court requested clarification on the regarding the application and expressed his concerns regarding the impact of the water containment practices on the adjacent Altona Forest Area and requested that a stop sign be installed at Calvington Drive and Strouds Lane; . Valerie Chuvie of Granby Court expressed concerns with the impact of development adjacent to conservation lands and provided comments regarding the speed of traffic on Altona Road; . Majorie Tonner of Calvington Drive objected to the requested zoning by- law amendment to permit the development of a townhouse on Block 39 and commented that Stroud's Lane has become a very busy street; Following the Information Meeting . No resident comments have been received; City Department and Agency Comments Veridian Connections no objections; Enbridge Gas Distribution no objections; no objections; - the proposal is permitted by the policies of the Durham Region Official Plan, and there are no matters of provincial interest related to this application; Region of Durham Planning Department Development Control Department no comments on this application; Toronto and Region Conservation Authority (TRCA) no objections. Report PD 17-06 249 Date: February 27,2006 Subject: Silverlane Estates Inc. (A 27/05) Page 3 2.0 Discussion 2.1 The Rezoning of Blocks 39 and 46, Plan 40M-2119, to a zone category identical to the abutting Blocks to the south is technical and considered appropriate for coordinated development The above noted blocks are located partially within Draft Approved Plan of Subdivision S-P-2002-06 and partially within recently developed Subdivision 40M-2119, resulting in the Block within one plan being zoned differently than the Block within the abutting plan. The split zoning for these Blocks requires a Zoning By-law Amendment to coordinate zoning. The applicant requests that Block 39 on Plan 40M-2119 be rezoned from "SD-7" - Semi-Detached Dwelling Zone to "SA-8" - Single Attached Dwelling Zone to permit the development of a townhouse on the subject property and, that Block 46 on Plan 40M-2119 be rezoned from "SD- 7" - Semi-Detached Dwelling Zone to "S5" - Single Detached Dwelling Zone to permit the development of a detached dwelling (see attachment #2). This request is considered as technical/housekeeping and is recommended for approval. 2.2 The Rezoning of Blocks 16 and 18, Draft Plan of Subdivision S-P-2002-06, for open space uses including a storm water management facility is appropriate The applicant proposes to rezone Part 4, 40R-1190 1 (Block 16 and Block 18 on Draft Plan of Subdivision S-P-2002-06) from "A" - Rural Agricultural Zone to "OS- HL" - Open Space Hazard Lands Zone. The requested Zoning By-law Amendment will allow these Blocks to be used for a storm water management facility as well as other open space purposes, and to be conveyed to a public authority (see attachment #2). Although these lands were originally contemplated for storm water management purposes in the processing of the Draft Plan, they were not subject to the original Statutory Public Meeting and, therefore, not included in the previously recommended amending Zoning By-law (By-law 6585/05). It is recommended that that the zone provisions for Block 16 and Block 18, Draft Plan of Subdivision S-P-2002-06, be amended from "A" - Rural Agricultural Zone to "OS-HL" - Open Space Hazard Lands Zone. 250 Report PD 17-06 Date: February 27, 2006 Subject: Silverlane Estates Inc. (A 27/05) Page 4 2.3 The technical nature of this application generated some confusion among adjacent property owners who attended the Statutory Public Information Meeting Several area residents who attended the Statutory Public Information Meeting were under the impression that the applicant was proposing additional development above and beyond what was previously contemplated by City Council for the subject lands. Staff explained the nature of the application at the Public Meeting and additional notation has been added to the applicant's submitted plan to provide further clarification regarding the context of the application. We believe clarification provided has alleviated residents concerns. The applicant's proposal deals strictly with the implementation of zone provisions for lands that have already been considered by City Council through the process of Draft Plan of Subdivision S-P-2002-06 and Zoning By-law Amendment Application A 27/02. 3.0 Applicant's Comments The applicant has been made aware of the content of this report, has reviewed the draft zoning by-law, and is in agreement with the recommendations of this report. Appendix: Appendix I: Draft Implementing By-law Attachments: 1. 2. 3. 4. Location Map Applicant's Submitted Plan Text of Information Report Minutes from Statutory Public Meeting Report PD 17-06 Subject: Silverlane Estates Inc. (A 27/05) ')5~' I- 1 Date: February 27,2006 Page 5 Prepared By: ~~ Lynda T ylor, MC¡ PP . Manager, Development Review RC:kb Attachments Copy: Chief Administrative Officer 1 Recommended forons' eration of Pickering Ci n Thomas J. Qu' Chief Administrative Officer e Approved I Endorsed By: I ,RPP ng & Development 252 APPENDIX I TO REPORT PD 17-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 27/05 ('). '5 'ì ~ J APPENDIX I TO REPORT PO 17-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 27/05 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on South Part of Lot 32, Concession 1, in the City of Pickering. (A 27/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a townhouse dwelling, a single detached, and open space - environmental protection uses on lands associated with Draft Plan of Subdivision S-P-2002-06, in the City of Pickering AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE "I" Schedule "I" to By-law 3036, attached hereto 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 the South Part of Lot 32, Concession 1, being Block 39 and Block 46, Plan 40M-2119, City of Pickering, designated "SA-8" and "S5" on Schedule "I" attached hereto. The provisions of this By-law shall also apply to those lands in the South Part of Lot 32, Concession 1, Part 4 of Plan 40R-11901, in the City of Pickering, designated "OS-HL" on Schedule "I" attached hereto. 254 3. 4. -7- GENERAL PROVISIONS By-law 3036, is hereby 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. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. day of BY-LAW read a first, second, and third time and finally passed this ,2006. ..;:r<Ø David Ryan, Ma 0 ~, Debi A. Bentley, Clerk DETAIL 1 /-------------, r~ I I I I \ J '\ / ------------- ~ AREA RESTRICTED DETAIL 2 r- -:e_nnnnnn\} 5:-----~~------ J l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2006 '1;~ I É DAVID RYAN - MAY. DEBI A. BENTLEY - CLERK 255 256 ATTACHMENT I I REPORT I PO J>ló(", TO BLOCK 46 40M-2119 DRIVE BLOCK 39 40M-2119 ~---, //~ ", I , I \ , , , I I I I \ I \ I \ I , I , , """1----~/ I , I I I I I I I STROUDS 0 <i 0 0:: ~---,) // ", , " \ \ I \ I - . \ \ \ \: \ I \ I , , " ,- " / '-,-- I I I , I , , , I I I , I I I I I I , , w > 0:: 0 ð ~ -! -! .~ 0:: ë§ w () C.N.R. SHEPPARD City of Pickering Planning & Development Department PROPERlY DESCRIPTION CON 1, S PT LOT 32, 40R-11901, PART 4 & 4OR-20396, PART 1 OWNER SILVERLANE ESTATES INC. DATE: NOY.30,2005 DRAWN BY JB ALE No. A 27/OS SCALE: 1 :5000 CHECKED BY RS l' IV 00 ou"""", T.'onel [nl..'p,;se. Inc. ond ito ouppr;.,o. All "ghls Roo....d. Nolo pion of ou"'.y. 200$ "'PAC ond ito ouppr;.,o. All "ohIo R.......d. Nolo pion of Su..ey. PN-11 ATTACHMENT I 6l TO REPORT # PO /I}-OCL>. 257 INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - A27/05 /--" / BLOCK 39 '" 40M-2119 \ THE APPUCANT REQUESTS THE ZONING BY-LAW BE AMENDED TO PERMIT THE DEVELOPMENT OF A TOWNHOUSE ON THE SUBJECT LANDS / ( \ \ PARTOFBLOCK1S/ '" DRAFT PLAN OF ~BDIVIS~ ~2õd2-o6 THE APPUCANT REQUESTS THE ZONING BY-LAW BE AMENDED TO PERMIT DEVELOPMENT OF A DETACHED DWELUNG ON THE SUBJECT LANDS ,., '" GRANB Y ... cé '" THE APPUCANT REQUESTS THE ZONING BY-LAW BE AMENDED FROM 'A'-AGRICULTURALZONE TO 'OS-HL' - OPEN SPACE HAZARD LANDS TO PERMIT THE THE DEVELOPMENT OF A STORMWATER MANAGEMENT FACIUTY AND OTHER OPEN SPACE USES ON THE SUBJECT LANDS l' THIS MAP WAS PRODUCED BY THE CITY OF PICKERING, PLANNING ct DEVELOPMENT DEPARTMENT, INFORMATION ct SUPPORT SERVICES, NOVEMBER, 2005. 1)5¡~' '- ð ATTACHMENT fI ,.3 TO REPORT # PO j 7- ()~ Ciú/ 01 INFORMATION REPORT NO. 28-05 FOR PUBLIC INFORMATION MEETING OF January 19, 2006 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 27/05 Silver Lane Estates Inc. South Part of Lot 32, Concession 1 (Now Blocks 39 and 46, Plan 40M-2119 and 40R-11901, Part 4) East of Altona Road and south of Strouds Lane City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject lands are located on the east side of Altona Road, south of Treetop Way (see Attachment #1 - Location Map). 2.0 APPLICANT'S PROPOSAL - this application consists of two parts (see Attachment #2): Part 1 . the applicant proposes to rezone Block 39 on Plan 40M-2119 to permit the development of a townhouse; the applicant also proposes to rezone Block 46 on Plan 40M-2119 to permit the development of a detached dwelling; . the intended purpose for rezoning Blocks 39 and 46 is to match the zoning of these blocks with the zoning on the abutting lands to the south; Part 2 . the applicant further proposes to rezone Blocks 16 and 18 on 40R-11901 to allow for a stormwater management facility and other open space uses; Information Report No. 28-05 ATTACHMENT # ..3 TO REPORT # PO 1'2 -Q(Q 259. Page 2 . Blocks 16 and 18 were originally considered for stormwater management facility and open space purposes through the processing of Draft Plan of Subdivision Application S-P-2002-06 and Zoning By-law Amendment Application A 27/02; . since these lands were acquired by the owner of S-P-2002-06 following the Statutory Public Information Meeting, they were not the subject of a formal public meeting and not dealt with in the recommended approval of the draft plan of subdivision and amending zoning by-law. 4.0 OFFICIAL PLAN AND ZONING 4.1 Durham Reaional Official Plan the subject lands are designated Living Area, Major Open Space and Environmentally Sensitive Area; lands within the Living Area designation are intended to be predominantly for housing purposes; lands within the Major Open Space designation are intended to be predominantly for conservation, recreation, and reforestation; - when considering development applications within or adjacent to lands designated Environmentally Sensitive Area, the cumulative impact on the environment should be taken into account; - the proposal appears to conform with the Durham Region Official Plan; 4.2 Pickerina Official Plan - the subject lands are designated as Urban Residential- Medium Density and Open Space - Natural Area in the City of Pickering Official Plan and are also located within the Altona Forest Policy Area; lands within this designation are intended to be used primarily for conservation, environmental protection, restoration, education, passive recreation and similar uses; City policy promotes the use of stormwater management practices through the integration of stormwater quality and quantity features into the open space system; - the proposal appears to conform with the Pickering Official Plan; however, the application will be assessed against the policies and provisions of the Pickering Official Plan during the further processing of the application; 4.3 Hiahbush Neiahbourhood - the subject lands are located within the Highbush Neighbourhood; 260 Information Report No. 28-05 !) ?;EF{¡fn II h) ...L2. .-./'V -.., "'""~~- ~"...,"'~~.... Page 3 4.4 5.0 5.1 5.2 5.3 Zonina Bv-Iaw 3036 Blocks 39 and 46 on Plan 40M-2119 are currently zoned "SD-?" - Semi-Detached Dwelling Zone; - the applicant has requested that Block 39 be rezoned to "SA-8" - Single Attached Dwelling Zone and Block 46 be rezoned to "S5" - Detached Dwelling Zone to match the zoning provisions for abutting lands to the south; Blocks 16 and 18 on 40R-11901 are currently zoned "A" - Rural Agricultural Zone; - the applicant has requested an appropriate zone category that would permit open space uses. RESULTS OF CIRCULATION Resident Comments none received to date; Aaencv Comments Regional Municipality of Durham Planning Department - advises that the application conforms to the Regional Official Plan, adequate municipal water supply and sewer services are available to the subject property and that the application has been screened in accordance with the terms of the provincial plan review responsibilities (see Attachment #3); - no objections to the proposed development, subject to certain requirements being satisfied (see Attachment #4); - no objections; however, requests that the developer contact Enbridge Gas to discuss installation and clearance requirements for servicing and metering facilities (see Attachment #5); Veridian Connections Enbridge Gas Distribution Inc. Staff Comments - the Planning and Development Department considers this application to be technical in nature; Information Report No. 28-05 ~1 ,~b-'iJ"¡' ,'"'".J<~""<¿,1:={¿f.,ç"~,, 1}6J> t.. 1 Page 4 - the Department will conclude its position on the application after it has received and assessed all comments from the circulated departments, agencies and the public. 6.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor 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. 7.0 OTHER INFORMATION 7.1 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; 7.2 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; Company Principal 7.3 - the owner of the subject lands is Silver Lane Estates Inc.; the principal of Silver Lane Estates Inc. is Frank Dodaro; the agent is Todd Coles from Humphries Planning Group Inc. ,. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Lynda Taylor, MCIP, RPP Manager, Development Review Rick Cefaratti Planner II RC:jf Attachments Copy: Director, Planning & Development C')6.."! ... . 1'- ATTACHMENT'. ... '7 TO REPORT # PO I ?-6(/) Minutes / Meeting Summary Statutory Public Information Meeting Council Chambers Thursday, January 19, 2006 7:00 pm. C¿iq o~ Attendees: Councillor Ashe - Chair Councillor Dickerson Councillor Johnson Councillor McLean Lynda Taylor, Manager, Development Review Geoff Romanowski, Planner II Rick Cefaratti, Planner II Joyce Yeh, Planner I Alison Haines, Recording Secretary 6. ZONING BY-LAW AMENDMENT APPLICATION A 27/05 SILVER LANE ESTATES INc. SOUTH PART OF LOT 32, CONCESSION 1 (NOW BLOCKS 39 AND 46, PLAN 40M-2119 AND 40R-11901, PART 4) EAST OF AL TONA ROAD AND SOUTH OF STROUDS LANE CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner II provided an overview of the application. 2. Applicant Comments Todd Coles, Humphries Planning Group appeared on behalf of the applicant. 3. Comments from Members of the Public Jeff Bowers 2002 Tillson Court Jeff Bowers stated he is unclear of what is being proposed. He requested clarification on the open water containment area. He stated that he would like to ensure that the correct groups within the TRCA is made aware of the proposal and there is a water table concern. Mr. Bowers is concerned with storm water management in the area. He also suggested a stop sign at Calvington Drive and Strouds Lane. Valerie Chuvie Branby Court Valerie Chuvie is concerned of future development in the conservation area near the subject property. Additionally she commented that Altona road is extremely busy and had witnessed several near accidents. Page 1 CORPO228-2/02 ,ATTACHMENT' 'Þj"n TO Marjorie Tonner REPOR1 fI PO f7J ;"/i! 1991 Calvington Drive Marjorie Tonner commented that Strouds Lane had become very busy and is concerned that construction vehicles would be using Calvington drive. "}6'"': ,i. .; 4. Planner Response The Planner clarified that the original draft plan for the subdivision had previously been approved by Council and this application is only to amend the zoning in order to permit the building of the approved townhomes. The property is partially in the original subdivision area and therefore required the change in zoning in order to allow the dwelling to be constructed. 5. Chair Response Clarified that no new dwelling, not previously approved, is being considered. Addressed concerns of Altona Road stating this street had been recognized by the Region of Durham as a priority area for revamping (sidewalks etc.) Also, a traffic study had been completed on Strouds Lane with no concerns found but perhaps now with the new development further studies would be required. The Chair further advised that the City's Municipal Property and Engineering Division should be contacted to investigate the necessity of a stop sign at Calvington Drive and Strouds Lane. Lynda Taylor, Manager, Development Review clarified that this proposal is only to modify the zoning subdivision plans that have already been approved. 6. Applicant Response The Applicant advised that they will work with the TRCA and tree preservation will be complied with. Additionally Block 39 could not be alternated from its approved development because of the size of the lot. Page 2 CORPO228-2IO2 2. 6/ .:t C¿ú¡ ,,~ REPORT TO EXECUTIVE COMMITTEE Report Number: OES 08-06 Date: February 27, 2006 From: Everett Buntsma Director Operations & Emergency Services Subject: Frenchman's Bay Stormwater Management Master Plan Request for Proposal Professional Engineeering Services RFP-13-2005 File: A-2130 Recommendation: 1. That Report OES 08-06 regarding the Frenchman's Bay Stormwater Management Master Plan, Request for Proposal for professional engineering services be received; 2. That the Proposal RFP-13-2005 submitted by Marshall Macklin Monaghan Limited to develop a Stormwater Management Master Plan for Frenchman's Bay be accepted; 3. That the total project cost of $144,855 including the proposal amount, project management services and other associated project costs identified in the report be approved. 4. That staff at the City of Pickering be given the authority to give effect thereto. Executive Summary: At the Council Meeting of October 17, 2005 Resolution #181/05 was passed authorizing City of Pickering staff, in conjunction with TRCA staff to issue an Expression of Interest to qualified consulting firms to provide professional services for the development of a Frenchman's Bay Stormwater Management Master Plan. Staff were also authorized to short list the interested firms to a maximum of four firms and issue a Request for Proposal. A Request for Proposal for Prequalification of Professional Engineering Services, Frenchman's Bay Stormwater Management Master Plan was issued as RFP-11-2005 and resulted in eight firms responding. An advertisement was placed on the OPBA, Bid Navigator and City Website. The selection committee evaluated the submissions and issued RFP-13-2005 Request for Proposal - Professional Engineering Services, Frenchman's Bay Stormwater Management Master Plan to the four firms that were rated the highest, based on the evaluation criteria and results of the evaluations. The final proposals from the four firms were received January 16, 2006, reviewed and evaluated by the selection committee and each firm provided a presentation on February 15, 2006 as part of the overall evaluation. The selection committees' 265 Report OES 08-06 Subject: Date: February 27,2006 Page 2 unanimous decision was to recommend the firm of Marshall Macklin Monaghan Limited having received the highest score in the evaluation. Financial Implications: 1. PROPOSAL AMOUNT RFP-13-2005 Labour Disbursements GST Subtotal GST Rebate Total $111,905 4,450 8.145 $124,500 (8,145) $116,355 2. APPROVED SOURCE OF FUNDS 2005 Stormwater Management Budget 2410-6181 and 2410-6182 Description Project Code Source of Funds Budget Environmental Assessment for the Krosno Creek Watercourse 05-2410-005-04 Easement Settlement Agreement Reserve $45,000 Frenchman's Bay Rehabilitation - Phase I Environmental Assessment 05-2410-005-03 Capital Paid from Property Taxes $100,000 FUNDS AVAILABLE $145,000 3.ESTIMATED PROJECT COSTING SUMMARY RFP-13-2005 Project Management Services (Gartner Lee Limited) Krosno & Pine Creek Gauge Maintenance, Calibration and Flow Data Evaluation Contingency Subtotal GST Total (Gross) Project Cost GST Rebate Total (Net) Project Cost $116,355 15,000 10,000 3.500 144,855 10.140 154,995 (10.140) $144,855 CORPO227-07/01 (()6r'- (, .0 Report DES 08-06 Subject: Date: February 27, 2006 Page 3 4. I Project Cost under (over) Approved Funds $1451 The Director, Corporate Services & Treasurer has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. Background: Council Resolution #181/05 at the regular meeting of October 17, 2005 authorized staff to commence a process to select a consulting firm to develop the Frenchman's Bay Stormwater Management Master Plan. The Master Plan will satisfy a minimum of the first two phases of the Municipal Class Environmental Assessment process and include public contact and consultation. City staff, TRCA staff and the project manager from Gartner Lee Limited prepared an Expression of Interest document which formulated a Request for Proposal for Prequalification of Professional Engineering Services, RFP-11-2005 which closed on November 14, 2005. Eight submissions were received from the following firms. 1. Aquafor Beech 2. Marshall Macklin Monaghan 3. Phillips Engineering 4. Sabourin Kimble & Associates 5. Sernas Associates 6. The Municipal Infrastructure Group 7. Trow 8. TSH Engineers A selection committee consisting of two staff from the Municipal Property & Engineering Division, two staff from Supply & Services, one staff from Toronto & Region Conservation and the project Manager from Gartner Lee met on November 29,2005 to discuss and evaluate the prequalification submissions. The selection committee rated the submissions from the following four firms the highest and they were subsequently invited to submit proposals to provide professional engineering services through RFP- 13-2005. 1. Aquafor Beach 2. TSH Engineers 3. Philips Engineering 4. Marshall Macklin Monaghan RFP-13-2005 was an invitation to the four pre-qualified consulting firms to submit detailed proposals for the Frenchman's Bay Stormwater Management Master Plan. The terms of reference contained more specific mandatory submission requirements, and the evaluation criteria to be used to rate the proposals. All four consulting firms submitted proposals by the closing date of January 16, 2006. CORPO227-07/01 '1.'6"" {.. ( Report DES 08-06 Subject: Date: February 27,2006 Page 4 The selection committee met on February 9, 2006 to score the proposals, with the exception of marking them for presentations. Questions were prepared for the upcoming presentations that were held on February 15, 2006. The selection committee felt it would be valuable to have the representative from the City's Waterfront Coordinating Committee who will sit on the Master Plan's Steering Committee attend the presentations. The representative was given a copy of the four proposals and was actively involved in the presentation process. It should be noted, however, that the Waterfront Coordinating Committee representative was not a participant in the scoring of the presentation or the proposals, or asked to provide a recommendation. All four proposals and presentations were professionally done and were of high quality. It was the selection committees' unanimous choice to recommend acceptance of the proposal which scored the highest, submitted by Marshall Macklin Monaghan Limited to develop the Frenchman's Bay Stormwater Management Master Plan with a budget of $116,355 plus GST. Copies of the evaluation summaries for the prequalification process under RFP-11- 2005 and the request for proposal process RFP-13-2005 are attached to this report for reference. Upon approval of Pickering Council to retain Marshall Macklin Monaghan Limited, the Master Plan will commence and is anticipated to be complete by December 2006. Included in the project cost is $10,000 to undertake maintenance and calibration of the two stream gauges in Krosno Creek and Pine Creek, and to establish a stage-discharge relationship based on the date collected over the years. This will provide valuable background information to the Master Plan undertaking for these creeks. This work will be undertaken by Ontario Hydrometric Services Ltd., who installed the gauges and have been collecting the information on a monthly basis. Attachments: 1. 2. RFP-11-2005 Evaluation Summary of Average Total Scores RFP-13-2005 Evaluation Summary of Average Total Scores CORPO227-07/01 r¡6q Report OES 08-06 Subject: Date: February 27, 2006 Page 5 Prepared By: Vera A. Fel emacher Manager, Supply & Services RH:ds Attachments Copy: Chief Administrative Officer CORPO227-07/01 Everett B nt Director Operations & Emergency Services RFP-11-2005 ,ð,TTACHMENT#_.l.. TO REPORT#Qb-Og-O(Ó --1- ot -.I- 2'6'J Evaluation Prequalification of Professional Engineering Services Frenchman's Bay Stormwater Management Master Plan Summary of averaqe total scores Company Name Committee Member I #1 #2 #3 #4 #5 #6 Average Ranking Score Aquafor Beech 85 100 100 90 93 84 92 1 TSH Engineers 79 96 93 82 77 85 85.3 2 Philips Engineering 73 97 97 75 84 82 84.7 3 Marshall Macklin Monaghan 74 88 95 82 83 85 84.5 4 Sernas Associates 79 91 92 76 65 75 79.7 5 Sabourin Kimble & Associates 66 90 82 75 60 70 73.8 6 Trow 70 80 88 66 55 64 70.5 7 The Municipal Infrastructure Group 67 85 74 62 55 70 68.8 8 Date - November 29, 2005 Evaluation Committee Members: OES Og-()~ ("ì'7/1 Request for Proposal No. RFP-13-2005 A'TTACHMEN1 :u -1_ci_C_, '-' c Professional Engineering Services Frenchman's Bay Stormwater Management Master Plan Evaluation Summary. AveraQe Total Scores February 15, 2006 Company Name Committee Member #1 #2 #3 #4 #5 #6 Average Ranking Score Aquafor Beech Limited 72 76 75 85 73 67 75 2 Marshall Macklin Monaghan 84 80 75 86 90 77 82 1 Limited Philips Engineering Ltd. 67 63 69 80 71 53 67 4 TSH Engineers Architects 66 75 70 82 74 73 73 3 Planners Evaluation Committee Members: D. Dunn, Citý of PiG 'ng Uf~~. ~~.: M. Gadsovski - T CA ;;~r Lee 271 REPORT TO EXECUTIVE COMMITTEE Report Number: OES 10-06 Date: February 27, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Construction Priorities for Regional Roads - Within the City of Pickering - File: A-2130 Recommendation: 1. That Report OES 10-06 regarding Regional Road construction priorities within the City of Pickering be received for information and forwarded to the Regional Municipality of Durham Executive Summary: The following Regional Road construction priorities listed in the table below, identify the City's priorities for consideration by the Region of Durham. PRIORITY ROAD NAME IMPROVEMENT REQUIREMENTS 1 BROCK ROAD Widening from Dellbrook Avenue to Fifth Concession Road including CPR Grade Separation south of Taunton Road to address impacts created by the construction of Hwy. 407. 2 AL TONA ROAD Widening from Kingston Road to Strouds Lane from 2 to 4 lanes. 3 KINGSTON ROAD Corridor Improvements from Walnut Lane to Glenanna Road as per recommendations from the Kinqston Road Corridor Study. 4 WHITES ROAD Widening from Oklahoma Drive to Hwy. 401 from 2 to 4 lanes including Intersection Improvements at Oklahoma Drive/Granite Court. 5 BROCK ROAD Widening from Bayly Street to Finch Avenue from 5 to 7 lanes (immediate need for additional southbound lane from Kingston Road to Hiqhway 401). 6 FINCH AVENUE Siqnalization at Rosebank Road. 272 Report OES 10-06 Date: February 27, 2006 Subject: Construction Priorities for Regional Roads Within the City of Pickering Page 2 7 BAYLY STREET Intersection & Signalization Improvements at Sandy Beach Road. 8 BROCK ROAD Widening from Fifth Concession Road to North of Hwy. 7 from 2 to 4 lanes (the Brougham By- pass). 9 KINGSTON ROAD Corridor Improvements from Steeple Hill to Delta Boulevard as per recommendations from the Kingston Road Corridor Study. 10 KINGSTON ROAD Corridor Improvements from Dixie Road to Fairport Road as per recommendations from the Kinqston Road Corridor Study. 11 KINGSTON ROAD Corridor Improvements from Brock Road to Notion Road as per recommendations from the Kingston Road Corridor Study. 12 FINCH AVENUE Intersection & Signalization Improvements at Liverpool Road. Financial Implications: Regional Road construction costs are borne entirely by the Regional Municipality of Durham with the exception of streetlights, sidewalks and some aesthetic improvements. Traffic Control Signals at intersections on Regional Roads that do not meet warrants require funding to be provided by others. Background: The City of Pickering's last report on Regional Road priorities was Report OES 38-04 and was received by Council on December 20, 2004 through Resolution #167/04. The report was forwarded to the Region of Durham for input into their 2005 Budget and Four-Year Capital Forecast. The Region's 2005 Capital Budget included $4.1 million of construction in Pickering and $22.3 million of major projects in the four-year forecast. It was becoming evident that the Region was planning for major road construction expenditures in Pickering in the near future. Regional Works staff have prepared the 2006 Regional Roads Servicing and Financing Study (Report #2006-J-01) and it was considered at the Finance & Administration and Works Committees meeting on Wednesday, February 8, 2006. The report covers the annual 2006 Road Capital Program and a Four-Year Forecast (2007-2010). CORPO227-07/01 1"1"7"- ff.... ,j Report OES 10-06 Date: February 27, 2006 Subject: Construction Priorities for Regional Roads Within the City of Pickering Page 3 In 2006, the Region is proposing to advance the construction of the Brock RoadlCPR Subway grade separation at an estimated cost of $4.5 million. This work was originally forecast for 2007 but can now commence as soon as the temporary detour work that is currently underway is complete. Also included in 2006 is an additional south bound lane on Brock Road from Pickering Parkway to Hwy 401 at an estimated cost of $300,000. Property acquisition and utility relocation is proposed for 2006 on Brock Road from Dellbrook Avenue to Taunton Road. This is in preparation for a $7.0 million widening forecast for 2007. An additional $50,000 is proposed in 2006 for the Whites Road at Granite Court intersection project that was approved in 2005 with a budget of $900,000. This project is scheduled to commence in spring 2006. The Four-Year Capital Forecast includes four major road capital projects in Pickering. Brock Road (Dellbrook Avenue - Taunton Road) Altona Road (Regional Road Hwy 2 to Strouds Lane) Brock Road (Bayly St to Finch Avenue) Brock Road (Taunton Road to 5th Concession) $7.0 million 5.6 million 5.2 million 3.5 million 2007 2008 2009 2010 The Region continues to channel its efforts into its major arterial roads such as Taunton Road, Brock Road, Harmony Road and the BaylyNictoria/Bloor Street Corridor, in order to accommodate increased traffic flow. The Brock Road and Altona Road projects are very important to Pickering and it must be impressed upon the Region that delays to these undertakings cannot be accepted. The 2006 Capital Budget and Four-Year Forecast does not address corridor improvements along Kingston Road as per the recommendations from the Kingston Road Corridor Study. The Region should be requested to focus on this initiative and include it in the next forecast as it is very important to the City of Pickering. Other Pickering priorities that are not addressed in their report include intersection and signalization improvements at Bayly Street at Sandy Beach Road, signalization of the intersection of Finch Avenue at Rosebank Road, and intersection and signalization improvements at Finch Avenue at Liverpool Road. Report 2006-J-01 includes a recommendation for a Roads Network Rationalization Plan to be adopted to realign responsibility of the road network to the applicable area municipalities based upon, but not limited to, the findings in the 2002 Who Does What Study. The Roads Plan shall include discussions with area municipalities to ensure: a. A phase-in schedule be developed for 2007 with a phased transfer to be completed within 5 years (no later than 2012); CORPO227-07/01 27/~ Report OES 10-06 Date: February 27, 2006 Subject: Construction Priorities for Regional Roads Within the City of Pickering Page 4 b. c. d. Roads be transferred in their current "as is" condition; Roads transfer to occur in 2006 for any municipality who has funding opportunities and is willing to assume all or a portion of a particular road; and The plan would be reported upon annually in the Roads Servicing and Financing Study. Report 2006-J-01 also advises that the Ministry of Transportation has approached the Region to propose a download of Hwy 7 from the York/Durham Townline easterly for 7 kilometers to Brock Road. Regional staff are reviewing the issue and will bring a proposal to Council for consideration. In response to correspondence received from Pickering Council, the Region is intending on establishing a Regional Road Noise Abatement Policy in 2006 so that issues of noise impacts from Regional Roads can be addressed. It is important to note that no funding will be available for this initiative in 2006. If guidelines or a policy is approved in 2006, appropriate budget provisions will be considered by the Region in 2007. The issue of traffic signal disentanglement is also addressed in the report. The Region hired a consultant in 2005 to review and establish lines of communication with area municipalities with respect to the determination, construction, operation and maintenance of signalized intersections. Regional staff are advising that they are not proceeding with these discussions at this time. Overall, Regional Works Staff should be acknowledged for recognizing and addressing Regional Road needs in the City of Pickering as indicated in their 2006 Regional Roads Servicing and Financing Study. Many priorities that Pickering has recommended are now included in the Region's capital forecast, and major projects in Pickering have been identified in every year from 2006 to 2010. The following is a list of all Regional Roads within the City of Pickering or along the boundary limits, and are listed in order of Regional Road numbers. It is provided for information only. RR#1 RR Hwy. 2 RR#4 RR#5 RR #22 CORPO227-07/01 Brock Road from Montgomery Park Road to Uxbridge Townline Kinaston Road from Toronto border (Rouge River) to Ajax boundary Taunton Road from Markham Townline (York Road #30) to Ajax boundary Concession 9 Road (Central Street) from Markham Townline (York Road #30) to RR #23 (Lakeridge Road) Whitby boundary Bayly Street from RR #38 (Whites Road) to RR #24 (Church Street) Ajax boundary Report OES 10-06 Date: February 27, 2006 ~f7"- ~' ~) Subject: Construction Priorities for Regional Roads Within the City of Pickering Page 5 RR #23 RR #24 RR #27 RR #29 RR #31 RR #37 RR #38 lakeridae Road from Ajax boundary (Conc. 5 Road) to Uxbridge Townline (Conc. 10 Road) Church Street from RR #22 (Bayly Street) to Ajax boundary (CN Rail line) Altona Road from RR #2 (Kingston Road) to Whitevale Road thence westerly to Markham Townline (York Road #30) Liverpool Road from RR #22 Bayly Street to RR #37 Finch Avenue Westnev Road from Fifth Concession Road (Ajax boundary) to Seventh Concession Road, thence westerly to RR #1 Brock Road Finch Avenue from RR #27 Altona Road to RR #1 Brock Road Whites Road from south of Broadgreen Street to RR #4 (Taunton Road) Attachments: NIA Prepared By: ~' RH:ds Attachments Everett Director Operations & Emergency Services Copy: Chief Administrative Officer 7 I (). t"t C' ,-to C¿ú¡ o~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 11-06 Date: February 27,2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Lease of City of Pickering lands to O.J. Muller Landscape Contractor Ltd. Renewal of Lease Agreement for those lands comprising those parts of Lot 19, Concession 3, Pickering, designated as Part 2, Plan 40R-7012, save and except Part 2, Plan 40R-14541 and Part 3, Plan 40R-7012 File: A-2130 Recommendation: 1. That Report OES 11-06 regarding renewal of a lease agreement be received; and 2. That the request by O.J. Muller Landscape Contractor Ltd. to renew a lease for City land on Brock Road for the purposes of cultivating the land for cash crops and to store and market nursery stock that includes landscape materials be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign a renewal lease agreement with O.J. Muller Landscape Contractor involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Executive Summary: O.J. Muller Landscape Contractor Ltd. have been leasing the property located on Brock Road, Pickering, and compromising those lands consisting of a stone house and 6.074 acres to use and occupy the property or the premises to cultivate the land for cash crops and to store market nursery stock. The property and premises are located at 2710 Brock Road, Pickering, and compromising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R- 7012. The lease agreement expired on December 31, 2005 and a renewal lease agreement has been prepared by the City Solicitor to extend the terms of the Original Lease with the following modifications: 1. The term of the Renewal Lease shall have the same terms and conditions as in the Original Lease. 2. The term of the Renewal Lease shall be month-to-month commencing January 1, 2006. 3. Either party shall have the option of terminating the Renewal Lease upon 60 days prior notice to the other. It." .v, ' Report to Council OES 11-06 Date: February 27, 2006 Subject: O.J. Muller Landscape Contractor Ltd. Lease Agreement Page 2 4. The amount of the rent payable by the Tenant to the Landlord monthly and every month during the renewal term shall be $1 ,500/month plus GST. 5. The following words shall be added to section 1 of the Original Lease: 0 The Tenant acknowledges that the Landlord will be boarding up the stone house on the Premises and will be decommissioning the well and septic system on the Premises. Financial Implications: Month-to-Month Rent of $1,500/month plus GST Business taxes (to be determined) Background: The subject property was deeded to the City as part of an agreement with Veridian Connections (formerly known as Pickering Hydro Electric Commission) in November 1999. Much of the property is natural woodlot ancillary to the area used by the tenant. The property is presently used as a nursery for a landscape business and the home on the property was previously used for residential purpose, however, the following words shall be added to section 1 of the "Original" Lease. liThe Tenant acknowledges that the Landlord will be boarding up the stone house on the Premises and will be decommissioning the well and septic system on the Premises. II The tenant has advised that they no longer require the use of the residential building. Due to the aesthetic improvements required to the building and the issues with the well and failing septic system, it is in the City's best interest to remove these components from the lease, board up the house and decommission the well and septic system. The term of lease has been changed from a yearly renewal to a month-to-month commencing January 1, 2006. The lands are within the Duffin Heights Neighbourhood which are subject to redevelopment in the near future. The rent being recommended as the same to what the tenant was paying in previous years. Any increase will require further notification to the tenant. Attachments: 1. Location Map 278 Report to Council OES 11-06 Subject: O.J. Muller Landscape Contractor Ltd. Lease Agreement Date: February 27, 2006 Page 3 Prepared By: RH:ds ATTACHI"1ENT#__l__- TO REPORT# OE:J, I /-u ((J --'-oft 21G SCAL[, DATE: 2710 BROCK ROAD REPORT TO COUNCIL OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION 1 :7500 FEBRUARY 27/2006 L:\MPQnd£\ThemQUc Mapping \ MQPs \ MP&£ - Admin\RepQ'¡ 280 Ciú¡ o~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 12-06 Date: February 27,2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Lease of City of Pickering lands to T. Arnts Loam Supply Ltd. Renewal of Lease Agreement for those lands comprising those parts of Lot 19, Concession 3, Pickering, and comprising that part of Part 37 and 40, Plan 40R-6934. - File: A-2130 Recommendation: 1. That Report OES 12-06 regarding renewal of a lease agreement be received; and 2. That the request by T. Arnts Loam Supply Ltd. to renew a lease for City land on Brock Road for the purposes of carrying on the business of the storage, sale and supply of topsoil, sand, stone, pavers and related products be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign a renewal lease agreement with T. Arnts Loam Supply Ltd. involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Executive Summary: T. Arnts Loam Supply Ltd. have been leasing the property located on Brock Road, Pickering, and compromising those lands consisting of 9.45 acres of rentable area located on Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934. The lease agreement expired on December 31, 2005 and a renewal lease agreement has been prepared by the City Solicitor to extend the terms of the Original Lease with the following modifications: 1. The term of the Renewal Lease shall have the same terms and conditions as in the Original Lease. 2. The term of the Renewal Lease shall be month-to-month commencing January 1, 2006. 3. Either party shall have the option of terminating the Renewal Lease upon 60 days prior notice to the other. 4. The amount of the rent payable by the Tenant to the Landlord monthly and every month during the renewal term shall be $1 ,583.33/month plus GST. 28'-1 -t Report to Council OES 12-06 Date: February 27, 2006 Subject: T. Arnts Loam Supply Ltd. Lease Agreement Page 2 Financial Implications: Month-to-Month Rent of $1 ,583.33/month plus GST Business taxes (to be determined) Background: The property is presently used for the purposes of carrying on the business of the storage, sale and supply of topsoil, sand, stone, pavers and related products. The term of lease has been changed from a yearly renewal to a month-to-month commencing January 1, 2006. The lands are within the Duffin Heights Neighbourhood which are subject to redevelopment in the near future. The rent being recommended as the same to what the tenant was paying in previous years. Any increase will require further notification to the tenant. Attachments 1. Location Map 282 Report to Council OES 12-06 Subject: T. Arnts Loam Supply Ltd. Lease Agreement Date: February 27, 2006 Page 3 Prepared By: RH:ds Copy: Chief Administrative Officer Approved !-f1!dorsed y: \ ni " I I 'I I . / l\ I U ma, D~ctor s & Emergency Services I ATTACHMENT#_J TOREPORT1t ŒS \ 2. -o~ (at 28r: ~ í¡-\\~D NTS OAT[, FEBRUARY 27/2006 LEASE AGREEMENT ARNTS LOAM SUPPLY LTD. OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCALE, L:\MPandC\ ThemaNo Mapp;ng\Maps\MP&£ - Adm;n\Repar¡ L ~ 284 REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 13-06 Date: February 27,2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Lease of City of Pickering lands to 1317970 Ontario I nc. Renewal of Lease Agreement for those lands comprising that part of Parts 37 and 40, Plan 40R-6934. - File: A-2130 Recommendation: 1. That Report OES 13-06 regarding renewal of a lease agreement be received; and 2. That the request by 1317970 Ontario Inc. to renew a lease for City land on Brock Road for the purposes of carrying on the business of a golf-driving range located at least 85 metres west of Brock Road and at least 6.1 metres south of the northerly boundary of the premises and a minature golf-putting facility located at least 6.1 metres south of the northerly boundary of the premises and an accessory parking area located between the golf-driving range and Brock Road and south of the minature golf-putting facility be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign a renewal lease agreement with 1317970 Ontario Inc. involving City lands, substantially on terms set out in the form prepared by the City Solicitor. Executive Summary: 1317970 Ontario Inc. have been leasing the property located on Brock Road, Pickering, and compromising those lands consisting of 12.4 acres of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934. The lease agreement expired on December 31, 2005 and a renewal lease agreement has been prepared by the City Solicitor to extend the terms of the Original Lease with the following modifications: 1. The term of the Renewal Lease shall have the same terms and conditions as in the Original Lease. 2. The term of the Renewal Lease shall be month-to-month commencing January 1, 2006. 285 Report to Council OES 13-06 Date: February 27,2006 Subject: 1317970 Ontario Inc. Lease Agreement Page 2 3. Either party shall have the option of terminating the Renewal Lease upon 60 days prior notice to the other. 4. The amount of the rent payable by the Tenant to the Landlord monthly and every month during the renewal term shall be $1,458.33/month plus GST. Financial Implications: Month-to-Month Rent of $1,458.33/month plus GST Business taxes (to be determined) Background: The property is presently used for the purposes of carrying on the business of a golfing-driving range located at least 85 metres west of Brock Road and at least 6.1 metres south of the northerly boundary of the premises; a minature golf- putting facility located at least 6.1 metres south of the northerly boundary of the premises, and an accessory parking area located between the golf-driving range and Brock Road and south of the minature golf-putting facility. The term of lease has been changed from a yearly renewal to a month-to-month commencing January 1, 2006. The lands are within the Duffin Heights Neighbourhood which are subject to redevelopment in the near future. The rent being recommended as the same to what the tenant was paying in previous years. Any increase will require further notification to the tenant. Attachments: 1. Location Map 286 Report to Council OES 13-06 Subject: 1317970 Ontario Inc. Lease Agreement Date: February 27, 2006 Page 3 Prepared By: RH:ds Copy: Chief Administrative Officer ,< ¡',IiEi'n~_". J" REPORT#-O.£5¿ / ,3--o(~ -t.. 0 ¡ _.J.~_. r~ Q-4 ("Utl I \f\\\<.D OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & L EAS E AG R E E M E N T ENGINEERING DIVISION SCAlE NTS ~~BRUARY27/2006 1317970 ONTARIO INC. LTD. (DRIVING RANGE) L\MPand£\Themalic MappingIMapsIMPJ<E - Admin\Reporl L ~ 288 C¿iq c~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 14-06 Date: February 27, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Changes to Proposed Body Rub Parlour By-law File: L-2314 Recommendation: 1. That Report CS 02-06 of the Director, Corporate Services & Treasurer be received for information; 2. That Report CS 14-06 regarding changes to the proposed Body Rub Parlour By- law be received; 3. That the attached draft by-law be enacted to provide for the licensing and regulation of Body Rub Parlours within the City of Pickering, and 4. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Executive Summary: At the January 9, 2006 Executive Committee meeting, a public meeting was held for the purpose of soliciting comments in relation to the proposed draft body rub parlour by-law, in accordance with the Municipal Act notification provisions. The notice of the public meeting was advertised in the Pickering News Advertiser on December 27, 2005, a copy of which is enclosed as Attachment I to this report. At that meeting, Report CS 02-06 of the Director, Corporate Services & Treasurer, dealing with the draft body rub parlour by-law was referred back to staff for the purpose of soliciting comments from key stakeholders. Financial Implications: The licensing fees proposed have been amended to maintain a consistent set of fees, instead of a large fee for a first licence and then a relatively minimal fee for renewals. Licensing fees are outlined on Schedule "A" of the proposed by-law. All fees have been analyzed in accordance with the provisions of the Municipal Act. 289 Report CS 14-06 Date: February 27, 2006 Subject: Changes to Proposed Body Rub Parlour By-law Page 2 Background: By-law 5764/00, being the by-law regulating body rub parlours was reviewed extensively by staff and a draft by-law was presented to the Executive Committee on January 9, 2006 for public comment. Further to the referral motion by the Executive Committee, the Clerk's Division received comments from key stakeholders on the proposed draft by-law. Please note that the Durham Regional Police Service supported the draft by-law as presented at the January 9, 2006 meeting of the Executive Committee. Their comments are outlined in their correspondence included as Attachment 2 to this report. Written comments from the licensed body rub parlour owners have also been included as Attachment 3 to this report. Further comments from the owners were received during meetings held with Clerk's Division staff. A subsequent meeting was also held with Durham Regional Police to review proposed changes to the by-law. A summary outlining the sections of the draft by-law where the key stakeholders have requested changes, comments solicited from Durham Regional Police Service, and the resulting staff recommendations for changes are outlined in Attachment 4. A revised draft by-law has been prepared incorporating the recommended changes and is included as Attachment 5 to this report. Attachments: 1. 2. 3. 4. 5. 6. Copy of Notice of Public Meeting regarding proposed body rub parlour by-law Correspondence outlining comments from Durham Regional Police Service Correspondence from licensed body rub parlour owners Summary of changes to the draft body rub parlour by-law Revised draft by-law incorporating recommended changes Report CS 02-06 of the Director, Corporate Services & Treasurer Prepared By: Approved I Endorsed By: L Debi Bentley, City Clerk s4$'{? ~. '- Gillis Paterson, Director, Corporate Services & Treasurer s ov--- Kim erly Thompson Manager, By-law Enforcement Services CORPO227-07/01 290 Report CS 14-06 Subject: Changes to Proposed Body Rub Parlour By-law Date: February 27, 2006 Page 3 CORPO227-07/01 ATTACHMENT #1 TO REPORT#CS 14-06 (')9-": (... Á NOTICE OF PUBLIC MEETING Body Rub Parlour By-law TAKE NOTICE that the Executive Committee of Council of the Corporation of the City of Pickering will hold a public meeting on Monday, January 9, 2006 at 7:30 pm in the Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, pursuant to the Municipal Act, to consider a body rub parlour by-law. The purpose of the meeting is to inform the public generally about the proposed body rub parlour by-law and to solicit public input. Any person wishing to address Council with respect to this matter must contact the undersigned on or before noon of Friday, January 6, 2006 to register as a delegation. The Council will also consider any written submissions. Copies of the report and proposed by-law will be available on or after January 5, 2006 during regular business hours. Any comments or requests for further information regarding the proposed body rub parlour by-law may be directed to the Manager, By-law Enforcement Services at 905.420.4660, ext. 2187. Dated at the City of Pickering this 2ih day of December, 2006. Debi A. Bentley, CMO, CMM III City Clerk I ATTACHMENT # 2 Durham Regional Police Service TO REPORT # CS IJ'I-~ . V. White - Chief of Police. C. Mercier - Deputy Chief. R. Piukkala - Deputy Chief Tuesday, 21 February 2006 Ms. Debbie Bentley Clerk, City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario Ll V 6K7 Dear Ms. Bentley: Re: Proposed City of Pickering Body Rub Parlour By-Law As you are aware, the Durham Regional Police Service was invited to participate in the review of the proposed amendments to the City of Pickering Body Rub Parlour regulations. We took the opportunity to review the earlier draft By-Law and make submissions during a meeting held on February 2, 2006, with licensing officials and the City Clerk. The City then made certain changes to that draft and forwarded these to us for review. I can indicate to you, on behalf of the Durham Regional Police Service, that we support the By-Law as now amended. Toll Free: 1-888-579-1520 x4210 - Facsimile: (905) 721-4267 77 Centre St. North, Oshawa, Ontario L1G 487 Oshawa (905) 579-1520 Toronto (905) 683-9100 Fax (905) 433-5053 Toll Free (905-705) 1-888-579-1520 Web Site www.drps.ca I ATTACHMENT # ;3 t'}... 9' r:".' .' t.: . ' .j; 'l"" '61 ,.. ~ 'lG:ßE9DRJ41, £~ J.~ -ci& I. c {...... r -...¡c,- n -¡ ,../ ""-,. January 9,2006 His Worship Mayor David Ryan City of Pickering And Honourable Members of Council Corporation of the City of Pickering One The Esplanade Pickering, Ontario LIV6K7 '. 'J',' / Î--- ¡--~~.:E NO.: ,..-.... !~~.~ \".:;~ ; (~::L:-,\CiL Re: Draft Body Rub Parlour By-law Report Number: CS 02-06 :JERVICES . ,...c..../:.¿&REC. ::.. .:._.~!~:"\RE 'i...::~~;.~:,-!?y-VEL. , ." -¡,.- ""'-" ,,"--"- Dear Sirs: i.;!~.';';~ FiES We undersigned, Renata Trent and Gabriela Kepinski, owners of the two existing licensed body-rub parlours put forward for consideration by Council these written submissions. Recently we went through very lengthy procedure of re-zoning to allow our two locations to be properly zoned for Body Rub. Only after successfully completing all the requirements and receiving zoning approval were we informed that there is a drastic change in the Body Rub By-law. We have been licensed by the City of Pickering for the past 5 years and over that term we have fully complied with all the regulations applicable to body rub parlours outlined in By-law 5764/00. We take pride in the fact that we have a good record with the Police and City by-law enforcement officers. Why this sudden change and totally different set of By-laws to follow with so many restrictions since you did not have a problem with us operating the businesses under the "old" By-laws? Not even once there was a By-law infraction in either location. It seems that the new body rub By-law is very similar to the one in Markham or Toronto. Please have a look at the printout of the advertised massage parlours in Scarborough and Markham, and for example compare the list with Pickering and Brampton spas. Whenever municipalities implement By-law to prevent nudity (eg. Markham and Toronto) number of unlicensed holistic spas, health studios, aromatherapies, etc. will open up and you will not be able to control and govern them. It will require extensive resources (By-law enforcement officers, Police, time and money) to investigate and regulate these unlicensed establishments. So, for example the City of Brampton allows only 8 establishments and that is the number of the existing spas. Why? Because the City 29' ,. , ll.:t I ATTACHMENT #3 _..:..: TO REPORT # cs , Jif-(;b offers reasonable by-laws to follow (similar to our "old" ones) and there is no problem with unlicensed places, \Ve operate licensed body-rub parlours which by statutory definition are adult entertainment establishments; therefore the new hours of operation that you are proposing are discriminatory, All the bars and other adult entertainment businesses are open till 2am, therefore it is very unreasonable to restrict our hours of operation between 8am - 9pm, The sign provisions contravene the Charter. Since we are licensed, legitimate business registered in the City of Pickering why we are not allowed to put up a sign just like every other business, We run our businesses in quiet, clean, discreet and respectful manner, and we personally promise to ensure that this trend continues if you reconsider the above arguments, Thank you in advance for taking the time to consider these comments, y~ ~.._' .-) / £, ( {é¡tß ~ /'í., GaÑÍcia ;Kepin~ki 1895 Clements Rd, #161 Pickering, On "Aristocrats Spa" Renata Trent 905 Dillingham Rd. #3 Pickering, On "Pickering Angels" (..VJ Pickering Massage Parlours. Toronto-Exotic- Massage.com Make an appointment with Mya She is extraordinarily beautiful and her reviews are stellar Home EMail Us Discuss LoadMap GooqleMap Click [S] when phone # bad. Info Pickering Angels is a very nice place. Hannah from SRM worked there before ........................................................................,... ........................................................."""",'.".'..'" Aristcrat 1895 Clements Unit 161 Pickering (905)427-5721'" Map Pickering Angels 905 Dillingham Unit 3 Pickering (905)420-0320 -'. LINK Map ..Go to top http://www. toronto-ex oti c-massage. com/h tm1/li stIPi ckeri ng. h tm 08/0 112006 Scarborough Massage Parlours~ Toronto-Exotic-Massage.COn1 Make an appointment with Mya She is extraordinarily beautiful and her reviews are stellar Home ::.:.L<L::;:,i.L..',).;:: C~.L:;:{\L:;::;: L.~i:;::<t:'::1::}Ji . Click 0 when phone # bad. . Diamonds are a mans best best friend. r\: c.: ~~ :.>. ~ ~ C"J ::c š:: m ~ ~ --I a :::a m -a 0 ~ =1:1: \D '- {: \ C (J" ~ )::å n :I: s: m æ -f - 1\Jò ~ 0 0"'- r-..: c.c ~ ~ 301 I ATTACHMENT # .3 TO REPORT # C5 I JLf - 06 Brampton Massage Parlours. Toronto-Exotic- Massage.com Make an appointment with Mya She is extraordinarily beautiful and her reviews are stellar Home EMail Us Discuss LoadMap GoogleMap Click 0 when phone # bad. Info The best place for MPs in the Western Hemisphere -______n-__n_------ Moulin Rouge 83 Kennedy Sf Unit 23 Brampton (905)455~ 7640 -"- LINK Map Palace Spa Very New 168 Kennedy Sf Unit 7 Brampton (905)487-1794 ,- LINK Map Sensations Closed 168 Kennedy Sf Unit 7 Brampton (905)452-8889 "" LINK Map -------------______n Mystique 116 Orenda Unit 6 Brampton (905)451-9025 "- Map Paradise 71 West Unit 37 Brampton (905)459-3462 ", Map Shiras 255 Rutherford Brampton (905)455-1422 "- Map _n_-------------- Necole 30 Intermodal Unit 26 Brampton (416)697-5489 ", LINK Map Purple Rain New 221 Deerhurst Unit 2 Brampton (905)458-2210" Map ------ Steeles Royal 2565 Steeles Ef Unit 39 Brampton (905)790-8210 '" LINK Email Map , .. "........._n.."" ,.. ATTACHMENT 4 SUMMARY OF CHANGES TO DRAFT BODY RUB PARLOUR BY-LAW By-law Section Requested Stakeholder Comments Durham Regional Police Staff Change Comments Recommendation By Stakeholders 1. Definitions Removal of nfa In agreement Remove adult adult entertainment service entertainment definition, term no longer service referenced in proposed definition by-law, see removal of section 5. (p) 5.(d) Removal of This requirement was felt to DRP did not support this No change to section 5 (d) No owner or operator requirement for be a financial hardship for proposed change. While the recommended. may permit a body-rub a licensed one of the Body Rub Parlour requirement to have two staff parlour to be open for operator to be owners. Cameras in the present at all times resolved business unless the present during lobby were the preferred the safety issues of having a . owner or operator is in all business method of security, which single female staff person attendance in person hours, change are also used as a method to working alone, another issue to require two monitor the number of was raised by DRP. The staff present customers reported by staff. operator is a person who during all A suggestion of two staff accepts responsibility for the business hours people to be present during operation of the business and all hours of operation was all activity occurring on the viewed as a compromise. premises. Without an operator, an owner can simply claim ignorance of an illegal activity and state that it would not have been permitted had they been aware. The requirement for an operator is similar to establishments serving alcohol. A licensed operator accepts legal responsibility for all business operations. "'" 0 l'\) !:i i ~ d ::c ra ~ -t - I~ ~ By-law Section 5. (m) No attendant may provide a body rub at a body rub parlour unless there is in attendance at the premises a licensed body-rub parlour owner or operator who does not provide body-rubs. 5. (0) Every attendant at a body rub parlour shall be clothed in a manner such that each such person's pubic and genital area, and in the case of a woman, her breasts are fully covered by an opaque material Requested Change By Stakeholders Removal of requirement for a licensed operator to be present during all business hours, change to require two staff present during all business hours Removal of requirement for attendants to be clothed. Change stipulation to include public reception area only. Page 2 Stakeholder Comments See comments regarding 5. (d) Both body rub parlour owners indicated the business caters to men who want to see naked women. It is regulated as an adult entertainment industry due to the nature of the business. Changing the section to address public reception areas only ensures no one walking by will be offended. Durham Regional Police Comments See comments regarding 5. (d) DRP were in agreement that requiring the attendants to remain clothed was somewhat contradictory in regulating an adult entertainment establishment. Staff Recommendation No change recommended to section 5. (m) Recommend revision of section 5. (0) to: "Within the public reception area, every attendant at a body rub parlour shall be clothed in a manner such that each such person's pubic and genital area, and in the case of a woman, her breasts are fully covered by an opaque material ;s :Þi C":I :I: š: m 2 ---4 IE 1° ~ :D f~ 1=0 r-i !::t:I: I~ a ()" 'W Ó <:".j Page 3 Requested Stakeholder Comments Durham Regional Police Staff By-law Section Change Comments Recommendation By Stakeholders 5. (p) Removal of The services provided in a DRP agreed that body rub Recommend removal of No person may section. body rub parlour are adult parlours are regulated as section 5. (p) provide or receive any entertainment services. adult entertainment services, adult entertainment Suggest implement and the section did not clearly services or any provisions regulating define what was prohibited. services designed to touching included in Reviewed sections in appeal to erotic or Mississauga's body rub Mississauga's by-law and sexual appetites in a parlour by-law. agreed more appropriate. body rub parlour. 5. (r) Removal of Prefer regulations in place in DRP advised defining what Recommend revision of Every owner shall post second Mississauga. appeals to erotic or sexual section 5. (r) , now section and maintain in the sentence in appetites could be difficult. 5. (q) to: lobby or entrance of required sign No objection to remove Every owner shall post the body rub parlour, wording. "The wording proposed for sign. and maintain in the lobby in a manner that is by-law or entrance of the body satisfactory to the regulating this rub parlour, in a manner Licensing Officer, a premise makes that is satisfactory to the sign which provides as it an offence Licensing Officer, a sign follows: "This premise for any person which provides as follows: is licensed as a body to provide "This premise is licensed rub parlour by the City services in a as a body rub parlour by of Pickering. The By- body rub the City of Pickering". law regulating this parlour that are premise makes it an designed to offence for any person appeal to erotic to provide services in or sexual a body rub parlour that appetites. are designed to appeal to erotic or sexual appetites. ~ Ç) ,.þ. ~ :Þ C':) :I: s: m Z --f ~I --I I ~, m LJ 0 :c --f :t:I: IQ , <::'J (;'~ Page 4 By-law Section Req uested Stakeholder Comments Durham Regional Police Staff Change By Comments Recommendation Stakeholders 5. (s) Permit the Body Rub Parlours do not DRP agreed with this request Recommend removal of No attendant shall continuation of cater to clients looking for a on the condition the section 5. (s), now provide or offer to services legitimate massage. The previously discussed sections section 5. (r) and insert: provide services to provided in the customers are there to see from Mississauga's by-law "No Owner shall: Permit any person unless nude. nude women, which is why would be implemented. any attendant to touch, sit, such person's pubic they are defined as adult or rest on, or make any and genital area, and entertainment businesses. physical contact with the buttocks, and, in the To remove the ability to breasts, buttocks, genital case of a woman, her provide a nude massage or pubic areas of any breasts, are means they are no longer other person;" Also insert completely and adult entertainment requirement for attendant opaquely covered. establishments. as section 5. (t), "No attendant shall make any physical contact with the breasts, buttocks, genital or pubic areas of any patron" 5. (t) As above. As above. As Above Recommend removal of No owner or operator section 5. (t), now section 5. shall permit any (s) and Insert: attendant to provide or "No Owner shall: Permit any person to touch, sit, or rest offer to provide on, or make any physical services to any person contact with the breasts, unless such person's buttocks, genitals or pubic pubic and genital areas of any attendant" area, and buttocks Also insert requirement for and, in the case of a attendant as section 5. (u), woman, her breasts, "No attendant shall permit are completely and any patron to touch, sit or opaquely covered. rest on, or make any physical contact with the breasts, buttocks, genital or pubic areas of any other person." ~ )::Ii n :I: 3: rn :2: --t ~ --I 0 :xJ rn -c 0 :xJ --t =1:8: n ~ (\ V -=-' W ~ò 6, L;; By-law Section 6. (a) Signs & Advertisements No person may erect or maintain any of the following signs in respect of a body rub parlour or in respect of any body rubs provided from such premises: - awning sign - canopy sign - projecting sign - inflatable sign - portable sign - trailer sign - ground of pylon sign - sandwich board sign 1. (e) Every massage room shall be equipped with a window to permit observation of the provision of body rubs by third parties. The window must be 8cm wide by 13cm tall clear glass, located in the door to each massage room at a height of not less than 1.5m and not greater than 1.1m and must not be obstructed in any way. Requested Change By Stakeholders Body rub parlour owners requested they be permitted to utilize various means of portable advertisements Request change requirement to peep hole, eliminate window. Page 5 Stakeholder Comments Questioned how their business could be treated differently than others. Believe peephole would provide the same ability to monitor. They are already in place in one of the body rub parlours. Durham Regional Police Comments Municipal Act clearly sets out the ability to regulate adult entertainment industries differently than other businesses. Do not support changes to this section of the proposed by-law. DRP did not support the change to a peephole rather than a window. They did agree the size of the window could be reduced. Peepholes do not permit a proper view into the room to determine the activity inside. Staff Recommendation Recommend no change to section 6. (a) Recommend changing size of window in section 7. (e) to 6 cm wide by 6 cm tall. No other change to this section. (.~ <:::> OJ Þ ~I ~ :r: 3: m Z --I ~. --I 0 :D m -c 0 :D --I *'=1° (;'. ~ \ o. CJ Page 6 By-law Section Requested Stakeholder Comments Durham Regional Police Staff Change By Comments Recommendation Stakeholders 7. (f) Remove Customers prefer reduced DRP advised there must be a Recommend removal of Every body rub parlour requirement for lighting while receiving provision to require enough requirement for light that shall be provided with light to be massage. Similar reduced light to ensure an inspection is uniformly distributed adequate ventilation uniformly lighting when massage through the window can view throughout the premises. and with lighting that is distributed. performed by RMT. the activity in the massage Change section 7. (f) to: adequate to ensure room. Every body rub parlour visibility and that is shall be provided with uniformly distributed adequate ventilation and throughout the with lighting that is premises. adequate to ensure visibility to permit observation of activity in each massage room from the viewing window in the door. 8. (i) Request Body Rub parlours, by DRP were not opposed to Recommend change to No owner or operator extension of statutory definition are adult extending the hours of section 8. (i) as follows: may permit a body rub operating entertainment operation. A suggestion was No owner or operator may parlour to be open for hours to 2 am. establishments; therefore the made to change the wording permit a body rub parlour business and no new hours of operation are of the by-law to read, "No to be open for business attendant at a body discriminatory. All bars and provision of service will and no attendant at a rub parlour shall other adult entertainment extend past 2 am." body rub parlour shall provide body rubs in a businesses are open until 2 provide body rubs in a body rub parlour am, therefore it is body rub parlour except except between the unreasonable to restrict the between the hours of 9 hours of 8 am and 9 hours of body rub parlour am and 2 am on any pm on and given day. operation as proposed. given day, with no provision of service extending past 2 am. ~ J> C'J :I: :s: m :z -4 ~ -4 0 ::c m -a CJ ::c -4 ~ n v' (,;..) O~ -.J e:-. Page 7 By-law Section Requested Stakeholder Comments Durham Regional Police Staff Change By Comments Recommendation Stakeholders 26. Every person Concerns landlord will not authorize a DRP suggested section be Recommend change to applying for a body lease cannot lease, unless proof can be changed to "within 5 days of section 26 as follows: rub parlour licence be signed until provided that the tenant has occupying space, every Within 5 days of shall file with the business a valid licence. person applying for a body occupying the premises to Licensing Officer licence issued. rub parlour licence shall file be licensed as a body rub documentation with the Licensing Officer parlour, every person satisfactory to the documentation satisfactory to applying for a body rub Licensing Officer the Licensing Officer parlour licence shall file demonstrating the demonstrating the applicant's with the Licensing Officer applicant's right to right to possess or occupy the documentation possess or occupy the premises and if any applicant satisfactory to the premises and if any is not the registered owner of Licensing Officer applicant is not the the property upon which the demonstrating the registered owner of body rub parlour is to be applicant's right to the property upon located, such person shall file possess or occupy the which the body rub with the Licensing Officer a premises and if any parlour is to be copy of their lease, if any, and applicant is not the located, such person a copy of any other document registered owner of the shall file with the constituting or affecting the property upon which the Licensing Officer a legal relationship relating to body rub parlour is to be copy of their lease, if the said lands or premises located, such person shall any, and a copy of any between said applicant and file with the Licensing other document the registered owner. Officer a copy of their constituting or lease, if any, and a copy affecting the legal of any other document relationship relating to constituting or affecting the said lands or the legal relationship premises between relating to the said lands said applicant and the or premises between said registered owner. applicant and the registered owner. (...: ç: 0 ~ :Þï n ::c: s: m 2 --f ~ --f 0 :D m -c Q :D --f /; - -t , <::). <5" 'Joe oj, ' "-, ATTACHMENT #5 TO REPORT CS 14-06 BODY RUB PARLOUR BY-LAW WHEREAS Sections 150 and 151 of the Municipal Act, 2001 authorize Council to pass by- laws that license, regulate and govern adult entertainment establishments; AND WHEREAS Council has determined that the location of body rub parlours must be regulated to ensure that the use is compatible with the neighbourhood and their location or number does not create a nuisance; AND WHEREAS Council has determined that licensing owners, operators and attendants of body rub parlours protects consumers and contributes to their health and safety by regulating access, cleanliness, and prohibiting illegal services; AND WHEREAS to enhance professionalism and to help prevent illegal services from being offered or obtained, while still allowing legitimate services to be provided, Council has deemed that specified areas of the body may not be touched; AND WHEREAS Council has determined that consumers should be protected from unknowingly entering a bawdy-house when seeking a massage at a body rub parlour; AND WHEREAS Council has determined that certain restrictions on behaviour of both patrons and attendants reduces transmission of disease that would have an adverse effect on the health of both the patrons and attendants; AND WHEREAS Council has determined that free and unobstructed access to rooms in body rub parlours contributes to the safety of both attendants and patrons therein; AND WHEREAS Council has determined that licensing owners and operators of body rub parlours protects consumers as there is a record of licence holders and the ability to require legal and honest operation of such businesses and to hold licensees responsible when the business is not conducted in accordance with the law or with integrity; AND WHEREAS Council has determined that the ability to add conditions to, suspend, revoke or refuse licences encourages owners and operators of body rub parlours to comply with the by-law requirements; AND WHEREAS Council has determined that the ability to enforce the provisions of this By-law through charges under this By-law also encourages owners and operators of body -( .'" 3.1V 2 ATTACHMENT #5 TO REPORT CS 14-06 rub parlours to comply with the by-law requirements; NOW THEREFORE the Council of The Corporation of the City of Pickering ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, "attendant" means a person who, in pursuance of a trade, business or occupation, provides body-rubs at a body-rub parlour; "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 to do so under the laws of the Province of Ontario; "body-rub parlour" is included in the definition of 'adult entertainment parlour' in the Municipal Act, 2001 and 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-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; "City" means The Corporation of the City of Pickering; "Council" means the Council of the City; "licence" means an authorization under this By-law to carry on the trade, calling, business or occupation specified therein; "Licensing Officer" means a person appointed by the City to issue licences; "Medical Officer of Health" means the Medical Officer of Health for The Regional Municipality of Durham; "operator" includes a person who, alone or with others, operates, manages, supervises, runs or directs the trade, calling, business or occupation carried on at a body-rub parlour; "owner" includes a person who, alone or with others, owns or controls the trade, calling, business or occupation carried on at a body-rub parlour or who directs the activities of an operator and includes a person who is the 3.11' 3 ATTACHMENT #5 TO REPORT CS 14-06 tenant or licensee in respect of premises which are utilized as a body-rub parlour; "provide" when used in relation to body-rubs includes offering to provide or causing or permitting the provision of a body-rub and "provides", "providing" and "provision" have corresponding meanings; and "sign" includes any sign as defined pursuant to the City's By-law, as amended. GENERAL REGULATIONS 2. 3. 4. 5. (c) (d) No person may be an owner of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a body-rub parlour licence. No person may be an operator of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a body-rub parlour operator's licence. No person may be an attendant in a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, an attendant's licence. No person may be an owner or operator of a body-rub parlour or be an attendant or provide any body-rub in a body-rub parlour except in compliance with the following regulations: (a) No person may provide body-rubs in a body-rub parlour to any person under the age of eighteen years and no person under the age of eighteen years may be allowed to enter or remain in any part of a body-rub parlour. (b) Each owner or operator shall ensure that there is posted in a prominent location at the entrance to the body-rub parlour a sign indicating that no person under the age of eighteen years may enter or remain in such premises. No owner or operator may permit any employee or person under contract to work at a body-rub parlour unless such person is at least 18 years of age and such person has been instructed with regard to the regulations of this By-law and complies with these regulations. No owner or operator may permit a body-rub parlour to be open for business unless the owner or operator is in attendance in person. 312 (I) (m) (n) (0) 4 ATTACHMENT #5 TO REPORT CS 14-06 (e) With the exception of patent medicines and prescription drugs required for medicinal purposes, no person may take, consume or have alcohol or drugs in their possession in a body-rub parlour. (f) No owner or operator may permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in a body-rub parlour. (g) No person may advertise or promote a body-rub parlour or the provision of body-rubs at a body-rub parlour except in accordance with the provisions of this By-law respecting "Signs and Advertisements". (h) No owner or operator may permit a body-rub parlour to open or to remain open for business except in compliance with the provisions of this By-law respecting "Hours of Operation". (i) No person may own or operate a body-rub parlour except in compliance with the provisions of this By-law respecting "Locational Restrictions and Limitations on Number". (j) No person may own or operate a body-rub parlour except in compliance with the provision of this By-law respecting "Design of Premises". (k) Every owner and operator shall keep their licence certificate issued in respect of a body-rub parlour posted in a conspicuous place in the said premises in a manner satisfactory to the Licensing Officer at all times during the currency of the licence. No owner or operator may permit any attendant to provide body-rubs at a body-rub parlour unless such attendant is licensed pursuant to the provisions of this By-law and their licence has not expired, been revoked or suspended. No attendant may provide a body-rub at a body-rub parlour unless there is in attendance at the premises a licensed body-rub parlour owner or operator who does not provide body-rubs. An owner shall enter into a written contract for services between every operator and every attendant at a body-rub parlour and such contracts shall be made available to a Licensing Officer upon request for inspection at any time during business hours of the body-rub parlour and during all times when body-rubs are provided, and shall be retained by an owner or operator for a period of six months after the termination or completion of such contract. Within the public reception area, every attendant at a body rub parlour shall be clothed in a manner such that each such person's pubic and genital area, (u) (v) (w) (x) (y) Jl.J 5 ATTACHMENT #5 TO REPORT CS 14-06 and in the case of a woman, her breasts are fully covered by opaque material. (p) No owner or operator may use or permit to be used any camera or other photographic or recording device at a body-rub parlour by any person. Notwithstanding the foregoing, a public health inspector acting under the direction of the Medical Officer of Health, the Licensing Officer, a peace officer or a Municipal Law Enforcement Officer may use a camera or other photographic or recording device at a body-rub parlour during the course of an inspection or investigation thereof. In addition, an owner or an operator may maintain a photographic device in the entrance lobby of the premises for security purposes. (q) Every owner shall post and maintain in the lobby or entrance of the body rub parlour, in a manner that is satisfactory to the Licensing Officer, a sign which provides as follows: "This premise is licensed as a body rub parlour by the City of Pickering." (r) No owner shall permit any attendant to touch, sit, or rest on, or make any physical contact with the breasts, buttocks, genital or pubic areas of any other person. (s) No owner shall permit any person to touch, sit, or rest on, or make any physical contact with the breasts, buttocks, genitals or pubic areas of any attendant. (t) No attendant shall make any physical contact with the breasts, buttocks, genital or pubic areas of any patron. No attendant shall permit any patron to touch, sit or rest on, or make any physical contact with the breasts, buttocks, genital or pubic areas of any other person. Every body-rub parlour owner and operator shall ensure that no services are provided at the body-rub parlour other than in accordance with the requirements of this By-law. No person shall provide services in a body-rub parlour unless the owner of the body-rub parlour holds a body-rub parlour licence, which has not expired, been revoked or suspended. No person shall be an operator of a body-rub parlour unless the owner of the body-rub parlour holds a body-rub parlour licence, which has not expired, been revoked or suspended. Every attendant shall ensure the window provided to permit the observation of body-rubs by third parties remains unobstructed. .JlI'" ~ 't 6 ATTACHMENT #5 TO REPORT CS 14-06 (z) No person, while acting as an owner or operator, shall perform any body-rub services. SIGNS AND ADVERTISEMENTS 6. No person may erect or maintain any sign advertising a body-rub parlour or the body-rubs provided from such premises except in accordance with City by-laws, including the City Sign By-law, as amended. Notwithstanding the provisions of the City Sign By-law, as amended, no person may erect or maintain any sign advertising a body-rub parlour except in accordance with the following additional regulations: (b) (c) (d) (a) No person may erect or maintain any of the following signs in respect of a body-rub parlour or in respect of any body-rubs provided from such premises: - awning sign - projecting sign - portable sign - ground or pylon sign, - canopy sign - inflatable sign - trailer sign - sandwich board sign No person may circulate, post, distribute or cause to be circulated, posted, or distributed any poster, flyer, handbill or other form of printed sign on premises or locations other than the body-rub parlour, with the exception of advertising located in a newspaper or in the Yellow Pages. Nothing within this By-law shall be deemed to constrain any person from erecting or maintaining any sign or advertising on any interior wall of a body-rub parlour, provided the content of such sign is not visible from the exterior of the body-rub parlour. No person may erect or maintain any sign or advertising in respect of a body-rub parlour which includes any letters, markings, symbols, pictures or representations except the name of the body-rub parlour as recorded on the application for licence and any registered copyright logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. DESIGN OF PREMISES 7. No person may be an owner or operator of a body-rub parlour except in accordance with the following regulations: (f) (g) (h) (i) 0) ~1.r- ""', '-" 7 ATTACHMENT #5 TO REPORT CS 14-06 (a) The owner or operator shall provide the Licensing Officer with a floor plan showing the designated room or rooms for the provision of body-rubs and no person may provide body-rubs in any other room, cubicle, enclosure or partitioned area located within the body-rub parlour. In the event that the owner or operator wishes to amend the floor plan, he shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Office. (b) Save and except for one room designated by the owner or operator for use as an office and one room designated by the owner or operator as a storage room, every owner or operator shall ensure that no means of access to any room, cubicle, enclosure or partitioned area in a body-rub parlour is equipped or constructed with a locking device of any kind or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such area. (c) During the hours of operation of a body-rub parlour the owner, operator and attendant shall ensure that the principal means of access into the body-rub parlour is unlocked and available so that anyone coming into the body-rub parlour may enter therein without hindrance or delay. (d) No premises or part thereof used as a body-rub parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture which is commonly used or which may be used for sleeping purposes. (e) Every massage room shall be equipped with a window to permit observation of the provision of body rubs by third parties. The window must be 6 cm wide x 6 cm tall clear glass, located in the door to each massage room at a height of not less than 1.5 m and not greater than 1.7 m and must not be obstructed in any way. Every body-rub parlour shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and to permit observation of activity in each massage room from the viewing window in the door. Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. Every body-rub parlour shall be equipped with an effective utility sink. Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under the Ontario Building Code. Washrooms shall be equipped with, 316 (m) (n) (0) (p) 8 ATTACHMENT #5 TO REPORT CS 14-06 (i) an adequate supply of hot and cold water; (ii) an adequate supply of liquid soap in a suitable container or dispenser; (iii) hot air dryers or individual towels in a suitable container or dispenser; and (iv) a suitable receptacle for used towels and waste material. (k) In all shower-bathrooms, if any, and in all sauna-bath rooms, if any, (i) the floors shall be disinfected at least once a week with a disinfecting solution approved by the Medical Officer of Health; (ii) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (iii) all showers must have removable cleanable drain covers; and (iv) floor surfaces both within and without the enclosures shall be of non- slip type. (I) Every table, mat or other surface upon which persons lie or sit while being given or provided with a body-rub shall be clean and in good repair, and shall have a top surface of impervious material. Every table mat or other surface referred to in Subsection (I) hereof shall be covered with a fresh, clean individual paper or cloth sheet before any person receives a body-rub thereon. Every sheet or towel shall, immediately after being used by any person, be deposited in a receptacle reserved for that purpose and shall not be utilized again for any purpose before being freshly laundered. Every owner and operator shall provide and maintain at all times at the body-rub parlour a first-aid kit equipped in a manner satisfactory to the Medical Officer of Health. Every body-rub parlour shall be constructed in accordance with the Ontario Building Code and every applicant for an owner's licence shall provide the Licensing Officer with such drawings as may be required to assess compliance in this regard. HOURS OF OPERATION JJ.1 9 ATTACHMENT #5 TO REPORT CS 14-06 8. (i) No owner or operator may permit a body-rub parlour to be open for business and no attendant at a body-rub parlour shall provide body-rubs in a body-rub parlour except between the hours of 9:00 a.m. and 2:00 a.m. on any given day, with no provision of service extending past 2:00 a.m. (ii) Every owner, operator and attendant shall ensure the hours of operation of the body-rub parlour are posted on a sign in a conspicuous place, visible from the outside of the premises. LOCATIONAL RESTRICTIONS AND LIMITATION ON NUMBER 9. No person may own or operate a body rub parlour from any premises except upon such lands identified in Schedule "B". 10. The number of body-rub parlours which may be licensed within the City of Pickering shall be limited to three (3). 11. No person may own or operate a body-rub parlour from any premises except upon such lands as are zoned to permit the use of a body-rub parlour pursuant to City zoning by-laws. NATURE OF LICENCE 12. 13. 14. 15. 16. No person shall enjoy a vested right in the continuance of a licence and the value of a licence shall be the property of the City and shall remain so irrespective of the issue, renewal or revocation thereof. No person licensed to carry on any trade, calling, business or occupation pursuant to this By-law may advertise or promote or carry on such trade, calling, business or occupation under any name other than the name endorsed upon his licence. The licences required by this By-law shall, unless they are expressed to be for a shorter or longer time, be for the period up to and including the 31st day of December in the year of issuance, unless they are sooner forfeited or revoked. No licence shall be transferred or assigned and if an owner, operator or attendant sells, leases or otherwise disposes of his interest in the trade, calling business or occupation carried on at a body-rub parlour, their licence in respect of such body- rub parlour or activity shall, notwithstanding any other provision of this By-law, be revoked. (i) Every body-rub parlour licence shall have endorsed thereon the location of a body-rub parlour and such endorsement shall be for one location only and such licence shall be valid only for the location endorsed thereon. Every body-rub parlour owner's, operator's and attendant's licence shall (ii) 318 10 ATTACHMENT #5 TO REPORT CS 14-06 have endorsed thereon the location of the body-rub parlour which they own or at which they work and such licence shall be valid only for the locations endorsed thereon. (iii) Where an operator or attendant requires the endorsement of an additional location after issuance of a licence, the operator or attendant must first produce a copy of the written contract for services with the owner of the additional location. APPLICATION. RENEWAL AND REVOCATION OF LICENCE 17. (b) (c) (d) Every applicant shall appear in person before a Licensing Officer and shall complete such licence application forms as may be provided from time to time by the Licensing Officer in accordance with the requirements of this By-law and shall provide all information requested thereon, such information to include, (a) a Canadian police clearance letter dated within thirty (30) days of the date of the application; current valid photo identification, satisfactory to the Licensing Officer; proof of age, if required to do so, satisfactory to the Licensing Officer that every person is of the full age of eighteen years; and pose for identification photograph to be processed and attached to licence and corresponding files. In the case of a body-rub parlour owned by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of a body-rub parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. 18. Every applicant for an, (a) (b) Operator's licence shall provide the Licensing Officer with a written contract for services between the owner of the body-rub parlour and the applicant and signed by the licensed owner of the body-rub parlour contained in the application. Attendant's licence shall provide the Licensing Officer with a written contract for services between the owner, or the operator of the body-rub parlour and the applicant and signed by the licensed owner or licensed operator of the body-rub parlour contained in the application. The contract for services shall be dated within 30 days of the date of the application. 21. 22. 23. 24. 25. 31H 11 ATTACHMENT #5 TO REPORT CS 14-06 19. Every applicant for an attendant's licence shall provide the Licensing Officer with a medical certificate from a qualified doctor dated within thirty (30) days of the date of the application, indicating that the applicant is free from communicable or transmissible diseases. 20. Every applicant for an owner's licence shall, at the time of making an application, file with the Licensing Officer a list showing the names and addresses and birth dates of all operators and attendants employed by or performing services in the body-rub parlour. At the time of submission of their application, every applicant shall pay to the City the fee set forth in "Schedule A" of this By-law. Fifty percent of such fee is refundable in the event that an application is not accepted for licensing. Receipt of the application andlor the licence fee by the City shall not represent approval of the application for the issuance of a licence nor shall it obligate the City to issue such licence. Without limiting the generality of any other provision in this By-law, persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration, in writing, signed by all members of the partnership, which declaration shall state, (a) (b) the full name of every partner and the address of ordinary residence; the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only members of the partnership; and (d) the mailing address for the partnership. If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be applying for an owner's or operator's licence as appropriate in place and stead of the partnership. Without limiting the generality of any other provision in this By-law, every corporation applying for a licence shall file with the Licensing Officer, at the time of making its application, a copy of its articles of incorporation or other incorporating documents and shall file a statutory declaration, in writing signed by an officer of the corporation, which declaration shall state, (a) (b) the full name of every shareholder and the address of ordinary residence; the name or names under which it carries on or intends to carry on business; 320 26. 27. (f) (g) 28. 12 ATTACHMENT #5 TO REPORT CS 14-06 (c) that the persons therein named are the only shareholders of the corporation; and (d) the mailing address for the corporation. Within five days of occupying the premises to be licensed as a body rub parlour, every person applying for a body-rub parlour licence shall file with the Licensing Officer documentation satisfactory to the Licensing Officer demonstrating the applicant's right to possess or occupy the premises and if any applicant is not the registered owner of the property upon which the body-rub parlour is to be located, such person shall file with the Licensing Officer a copy of their lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said applicant and the registered owner. The Licensing Officer shall, (a) receive and process all applications for licences and renewal of licences to be issued under this By-law; (b) (c) co-ordinate the enforcement of this By-law; generally perform all the administrative functions conferred upon him or her by this By law; (d) make or cause to be made a circulation respecting each body rub parlour application, which shall include circulation of the licence application to the Medical Officer of Health and Durham Regional Police for comments; (e) make or cause to be made all investigations and inspections deemed necessary to determine whether an applicant meets the requirements of this By-law and all applicable laws; issue licences to persons who meet the requirements of this By-law and suspend licences pursuant to the requirements of this By-law; and where a licence has been issued pursuant to this By-law and otherwise remains in full force and effect, renew the licences of persons who meet the requirements of this By-law. The Licensing Officer shall issue the licence only where, (a) (b) all the information which the applicant is required to provide under this By- law has been provided, and verified; all the documents which the applicant is required to provide under this By- law have been provided; 29. 30. 31. 32. (e) (f) ~;?1"" oJ~, , 13 ATTACHMENT #5 TO REPORT CS 14-06 (c) the licence fee is paid; (d) the premises, accommodations, equipment or facilities in respect of which the licence is required comply with the provisions of this By-law or any other applicable law; the investigations do not disclose that the issuing of such licence may be adverse to the public interest; and the Licensing Officer has no grounds to believe the applicant will not conduct himselflherself in accordance with the law or with honesty and integrity. Where the Licensing Officer determines that a licence should not be issued as a result of any matter in Section 28 of this By-law, helshe shall notify the applicant. Where an applicant advises the Licensing Officer in writing, that helshe disputes the determination made by the Licensing Officer under Section 28 of this By-law or submits that the licence applied for should be issued despite that determination, the matter shall be referred forthwith by the Licensing Officer to Council, which shall hear representations from the Licensing Officer and the applicant. The Licensing Officer may suspend a licence where there is reason to believe that a breach of this By-law has occurred. Such suspension shall take effect upon service of a written notice to the licensee and the licence shall remain suspended for no more than thirty days from the date of service of this notice. In order to continue this suspension beyond the thirty day period or to revoke the licence, the Licensing Officer must prepare a report and receive Council's direction in this regard. Where any licence is suspended, it shall not be reinstated until the Licensing Officer is able to confirm that the conditions leading to the suspension have been remedied. At any meeting of Council called in relation to a report to determine the issuance, renewal, suspension or revocation of a licence, (a) (b) the applicant, (i) shall be accorded its rights pursuant to the Statutory Powers Procedure Act including the right to appear and speak to the matter; and (ii) when he or she has been provided with notice of the meeting and does not attend, Council may proceed with the meeting in the absence of the applicant. Council may, .,J; It.;., (., 14 ATTACHMENT #5 TO REPORT CS 14-06 (i) refuse to grant a licence, revoke a licence or suspend a licence; or (ii) impose special conditions as a requirement in order to obtain, continue to hold or renew a licence. (c) Council shall exercise its power under clause 32(b) of this By-law, (i) where the applicant has not met the requirements of this By- law; or (ii) upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity. 33. (1 ) Any licence that has not been renewed as at December 31st in the year of its issuance or renewal shall expire on January 1 st in the year following its issuance or renewal. (2) Notwithstanding Subsection 33(1), the Licensing Officer may extend a licence where an application for a renewal of the licence has been made, and the final disposition of the application remains outstanding by December 31st of the year in which the renewal application was made. CHANGE OF STATUS 34. 35. 36. Where there is any change in any of the particulars relating to a person licensed under this By-law, which particulars are required to be filed with the City on applying for a licence under this By-law, such person shall report the change to the Licensing Officer within seven (7) days of the change. Where there is to be a change in the composition or the controlling interest of a partnership licensed under this By-law, the persons licensed hereunder in partnership shall obtain the approval of the Licensing Officer to such change prior thereto. Where there has been any change in the controlling interest of the partnership by virtue of a number of transactions, the licence may be suspended despite the Licensing Officer's prior approval of anyone or more such transactions. Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation licensed under this By-law, the corporation shall obtain the approval of the Licensing Officer to such change prior. Where there has been any change in the controlling interest of the corporation by virtue of a number of transactions, the licence may be suspended, despite the Licensing Officer's prior approval of anyone or more such transactions. 40. 41. 42. ??r:; tJ.., ~. oJ 15 ATTACHMENT #5 TO REPORT CS 14-06 OFFENCE, PENAL TV AND ENFORCEMENT 37. Any person who contravenes the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein and every director or officer of a corporation who concurs in such a contravention is guilty of an offence and, upon conviction pursuant to the provisions of the Provincial Offences Act, is liable to; (a) a penalty in the case of persons, other than a corporation, not to exceed $25,000.00 or imprisonment for a term not to exceed one year or both; (b) (c) a penalty in the case of a corporation, not to exceed $50,000.00; and an order closing the body-rub parlour, which is the subject of the contravention, for a period not to exceed two years. 38. The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a violation of the provisions of this By-law. 39. Every person shall comply with the provisions of this By-law applicable to himlher whether or not helshe is licensed under this By-law. Every owner, operator and attendant shall, during the operating hours of the body-rub parlour and at all times when body-rubs are provided therein, make available for inspection by the Licensing Officer, a peace officer, a Medical Officer of Health, a Provincial Offences Officer, or a municipal law enforcement officer the original of any document or record or licence referred to in this By-law. Every owner and every operator of a body-rub parlour shall, at all times during the hours of operation of the body-rub parlour and during all hours when body- rubs are being provided at the body-rub parlour, permit the entry by and the inspection of the body-rub parlour by a municipal law enforcement officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. No person may obstruct or hinder the entry or the inspection of a body-rub parlour by a municipal law enforcement officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. VALIDITY 43. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed herefrom and the remainder of the By-law shall continue in full force and effect. 1I}...2.';:: ;";1 lj. 44. 45. 46. 47. 48. 49. 16 ATTACHMENT #5 TO REPORT CS 14-06 All Schedules referred to in this By-law are deemed to be part of this By-law. Wherever notice or materials are required to be provided to any person pursuant to this By-law, such notice shall be deemed effective two (2) days after mailing of the materials by registered mail to the last address of that person as indicated upon the licence application or upon other material filed with the City. The provisions of this By-law are not applicable in relation to medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. This By-law shall be known as the Body-Rub Parlour By-law. By-law 5764/00, "A By-law respecting the licensing and regulating of body-rub parlours and attendants" shall be repealed effective March 6, 2006. This By-law shall come into force on March 6, 2006 and remain in force until December 31,2010. BY-LAW read a first, second and third time and finally passed this 6th day of March, 2006. David Ryan, Mayor Debi A. Bentley, Clerk 325 17 ATTACHMENT #5 TO REPORT CS 14-06 SCHEDULE "A" TO BY-LAW NUMBER xxx Body-Rub Parlour Licence Fees: Owner/Operator: $500.00 $250.00 Owner who does not operate: Operator other than Owner: $250.00 $150.00 Attendant F or the term of any licence period expiring December 31 sl of any year. 3,26 18 ATTACHMENT #5 TO REPORT CS 14-06 SCHEDULE "B" TO BY-LAW NUMBER xxx DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE -- ......0 .~UT ,-, " ~,-il ~ ~,i: ro, ",ù r-UOhh_--- I I P'CK<A'NC OENEAATONQ STAnON LAKE ONTARIO í' Ciú¡ 0# ¡ATTACHMENT #~¡1-CJb I)f)~ EXECUTIVE COMMITTEE oJ ~ I Report Number: CS 02-06 Date: January 9, 2006 From: Oebi Bentley City Clerk Subject: Draft Body Rub Parlour By-law File: L-2314 Recommendation: 1. That Report CS 02-06 regarding a proposed Body Rub Parlour By-law be received; 2. That the attached draft by-law be enacted to provide for the licensing and regulation of Body Rub Parlours within the City of Pickering, and 3. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. Executive Summary: Under the requirements of the Municipal Act 2001, all municipal regulatory by-laws are subject to review after a five year period. In accordance with this requirement, Body Rub Parlour By-law 5764/00 has been examined and a new by-law prepared which addresses areas where specific controls or regulations were previously not in place. It also incorporates specific provisions for suspending and revoking licenses. These changes are proposed to improve the safety of the attendants and the public, as well as limit the opportunity for the provision of illegal services. Financial Implications: The licensing fees proposed have been amended to maintain a consistent set of fees, instead of a large fee for a first licence and then a relatively minimal fee for renewals. Licensing fees are outlined on Schedule "A" of the proposed by-law. 328 Report CS 02-06 Subject: Draft Body Rub Parlour By-law Page 2 Background: Body Rub Parlour By-law 5764/00 was the City's first by-law regulating and licensing Body Rub Parlours. After utilizing the by-law for the past five years, and consulting the by-laws in place in other municipalities, the introduction of a number of specific regulatory requirements is recommended. The Body Rub Parlour by-law is an important tool in regulating the operation of Body Rub Parlours within the City of Pickering. It provides the ability to restrict locations, the number of licenses issued, the hours of operation, the design of premises, and the conduct and apparel of the staff. It also allows the maintenance of accurate records of ownership and operation to encourage compliance with by-law requirements or assist in legal action where contraventions of the by-law occur. With the assistance of Durham Regional Police Service, the City of Pickering has been very successful in regulating the Body Rub Parlour industry and preventing the operation of unlicensed Body Rub Parlours. The proposed by-law further enhances the City's ability to ensure the services provided are legally permitted. Attachments: 1. Draft Body Rub Parlour By-law Prepared By: ~ Manager, By-law Enforcement SeNices Approved I Endorsed By: ---. Copy: Chief Administrative Officer , ,.-- '. C --(. .'^-. L ~, Gillis Paterson, V~X;; Director, Corporate Services & Trè urer Recommended for the consideration of Pickering Ci y Council . .." \ Ii I ,r--'--'--~~"..~ CORPO227-07/01 "-"- - '.. Ii); 1:)., Q v.,r:;..V I ATTACHMENT # . 6 m REPœI'I. 1:f-~ . . BODY RUB PARLOUR BY-LAW WHEREAS Sections 150 and 151 of the Municipal Act, 2001 authorize Council to pass by- laws that license, regulate and govern adult entertainment establishments; AND WHEREAS Council has determined that the location of body rub parlours must be regulated to ensure that the use is compatible with the neighbourhood and their location or number does not create a nuisance; AND WHEREAS Council has determined that licensing owners, operators and attendants of body rub parlours protects consumers and contributes to their health and safety by regulating access, cleanliness, and prohibiting illegal services; AND WHEREAS to enhance professionalism and to help prevent illegal services from being offered or obtained, while still allowing legitimate services to be provided, Council has deemed that certain standards of dress must be maintained and specified areas of the body may not be exposed or touched; AND WHEREAS Council has determined that consumers should be protected from unknowingly entering a bawdy-house when seeking a massage at a body rub parlour; AND WHEREAS Council has determined that certain restrictions on behaviour of both patrons and attendants reduces transmission of disease that would have an adverse effect on the health of both the patrons and attendants; AND WHEREAS Council has determined that free and unobstructed access to rooms in body rub parlours contributes to the safety of both attendants and patrons therein; AND WHEREAS Council has determined that licensing owners and operators of body rub parlours protects consumers as there is a record of licence holders and the ability to require legal and honest operation of such businesses and to hold licensees responsible when the business is not conducted in accordance with the law or with integrity; AND WHEREAS Council has determined that the ability to add conditions to, suspend, revoke or refuse licences encourages owners and operators of body rub parlours to comply with the by-law requirements; ':') 3- ,. O.J' oJ ., 2 TQ!:~EJ'°R!,~ C 5 I tg I ATTACHMENT # b AND WHEREAS Council has determined that the ability to enforce the provisions of this By-law through charges under this By-law also encourages owners and operators of body rub parlours to comply with the by-law requirements; NOW THEREFORE the Council of The Corporation of the City of Pickering ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law, "adult entertainment service" means any service appealing to or designed to appeal to erotic or sexual appetites or inclinations, any other service involving sexual touching; any other service offered, performed, provided, or received with the purposes or effect of sexual arousal or stimulation; and any service directly or indirectly advertised or described as involving any of such services; "attendant" means a person who, in pursuance of a trade, business or occupation, provides body-rubs at a body-rub parlour; "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 to do so under the laws of the Province of Ontario; "body-rub parlour" is included in the definition of 'adult entertainment parlour' in the Municipal Act, 2001 and 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-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; "City" means The Corporation of the City of Pickering; "Council" means the Council of the City; "licence" means an authorization under this By-law to carry on the trade, calling, business or occupation specified therein; "Licensing Officer" means a person appointed by the City to issue licences; "Medical Officer of Health" means the Medical Officer of Health for The 11)31 ..)J ~.J!. 3 , ATTACHMENT # h TO REPORT # cs Iff Regional Municipality of Durham; "operator" includes a person who, alone or with others, operates, manages, supeNises, runs or directs the trade, calling, business or occupation carried on at a body-rub parlour; "owner" includes a person who, alone or with others, owns or controls the trade, calling, business or occupation carried on at a body-rub parlour or who directs the activities of an operator and includes a person who is the tenant or licensee in respect of premises which are utilized as a body-rub parlour; "provide" when used in relation to body-rubs includes offering to provide or causing or permitting the provision of a body-rub and "provides", "providing" and "provision" have corresponding meanings; and "sign" includes any sign as defined pursuant to the City's By-law, as amended. GENERAL REGULATIONS 2. No person may be an owner of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a body-rub parlour licence. 3. No person may be an operator of a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, a body-rub parlour operator's licence. 4. No person may be an attendant in a body-rub parlour without making application for, obtaining and maintaining, pursuant to the terms of this By-law, an attendant's licence. 5. No person may be an owner or operator of a body-rub parlour or be an attendant or provide any body-rub in a body-rub parlour except in compliance with the following regulations: (a) No person may provide body-rubs in a body-rub parlour to any person under the age of eighteen years and no person under the age of eighteen years may be allowed to enter or remain in any part of a body-rub parlour. (b) Each owner or operator shall ensure that there is posted in a prominent location at the entrance to the body-rub parlour a sign indicating that no person under the age of eighteen years may enter or remain in such premises. Ii')', '), ":' ...).1 .J... /..,. (I) (m) (n) 4 I ATTACHMENT # h TO REPORT #- ~9~-t (c) No owner or operator may permit any employee or person under contract to work at a body-rub parlour unless such person is at least 18 years of age and such person has been instructed with regard to the regulations of this By-law and complies with these regulations. (d) No owner or operator may permit a body-rub parlour to be open for business unless the owner or operator is in attendance in person. (e) With the exception of patent medicines and prescription drugs required for medicinal purposes, no person may take, consume or have alcohol or drugs in their possession in a body-rub parlour. (f) No owner or operator may permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in a body-rub parlour. (g) No person may advertise or promote a body-rub parlour or the provision of body-rubs at a body-rub parlour except in accordance with the provisions of this By-law respecting "Signs and Advertisements". (h) No owner or operator may permit a body-rub parlour to open or to remain open for business except in compliance with the provisions of this By-law respecting "Hours of Operation". (i) No person may own or operate a body-rub parlour except in compliance with the provisions of this By-law respecting "Locational Restrictions and Limitations on Number". (j) No person may own or operate a body-rub parlour except in compliance with the provision of this By-law respecting "Design of Premises". (k) Every owner and operator shall keep their licence certificate issued in respect of a body-rub parlour posted in a conspicuous place in the said premises in a manner satisfactory to the Licensing Officer at all times during the currency of the licence. No owner or operator may permit any attendant to provide body-rubs at a body-rub parlour unless such attendant is licensed pursuant to the provisions of this By-law and their licence has not expired, been revoked or suspended. No attendant may provide a body-rub at a body-rub parlour unless there is in attendance at the premises a licensed body-rub parlour owner or operator who does not provide body-rubs. An owner shall enter into a written contract for services between every operator and every attendant at a body-rub parlour and such contracts shall be made available to a Licensing Officer upon request for inspection at any (t) (u) (v) 5 I ATTACHMENT # J3~. t;, TO REPOR! # CS/4tOb time during business hours of the body-rub parlour and during all times when body-rubs are provided, and shall be retained by an owner or operator for a period of six months after the termination or completion of such contract. (0) Every attendant at a body rub parlour shall be clothed in a manner such that each such person's pubic and genital area, and in the case of a woman, her breasts are fully covered by opaque material. (p) No person may provide or receive any adult entertainment services or any services designed to appeal to erotic or sexual appetites in a body-rub parlour. (q) No owner or operator may use or permit to be used any camera or other photographic or recording device at a body-rub parlour by any person. Notwithstanding the foregoing, a public health inspector acting under the direction of the Medical Officer of Health, the Licensing Officer, a peace officer or a Municipal Law Enforcement Officer may use a camera or other photographic or recording device at a body-rub parlour during the course of an inspection or investigation thereof. In addition, an owner or an operator may maintain a photographic device in the entrance lobby of the premises for security purposes. (r) Every owner shall post and maintain in the lobby or entrance of the body rub parlour, in a manner that is satisfactory to the Licensing Officer, a sign which provides as follows: "This premise is licensed as a body rub parlour by the City of Pickering. The By-law regulating this premise makes it an offence for any person to provide services in a body-rub parlour that are designed to appeal to erotic or sexual appetites." (s) No attendant shall provide or offer to provide services to any person unless such person's pubic and genital area, and buttocks and, in the case of a woman, her breasts, are completely and opaquely covered. No owner or operator shall permit any attendant to provide or offer to provide services to any person unless such person's pubic and genital area, and buttocks and, in the case of a woman, her breasts, are completely and opaquely covered. Every body-rub parlour owner and operator shall ensure that no services are provided at the body-rub parlour other than in accordance with the requirements of this By-law. No person shall provide services in a body-rub parlour unless the owner of the body-rub parlour holds a body-rub parlour licence, which has not expired, been revoked or suspended. 1!"\'3' ~ :,';' ',' I,i, oJi , -'): 6 I ATTACHMENT It b TO REPOR! #~~jLf-¿ (w) No person shall be an operator of a body-rub parlour unless the owner of the body-rub parlour holds a body-rub parlour licence, which has not expired, been revoked or suspended. (x) Every attendant shall ensure the window provided to permit the observation of body-rubs by third parties remains unobstructed. (y) No person, while acting as an owner or operator, shall perform any body-rub services. SIGNS AND ADVERTISEMENTS 6. (b) (c) (d) No person may erect or maintain any sign advertising a body-rub parlour or the body-rubs provided from such premises except in accordance with City by-laws, including the City Sign By-law, as amended. Notwithstanding the provisions of the City Sign By-law, as amended, no person may erect or maintain any sign advertising a body-rub parlour except in accordance with the following additional regulations: (a) No person may erect or maintain any of the following signs in respect of a body-rub parlour or in respect of any body-rubs provided from such premises: - awning sign - projecting sign - portable sign - ground or pylon sign, - canopy sign - inflatable sign - trailer sign - sandwich board sign No person may circulate, post, distribute or cause to be circulated, posted, or distributed any poster, flyer, handbill or other form of printed sign on premises or locations other than the body-rub parlour, with the exception of advertising located in a newspaper or in the Yellow Pages. Nothing within this By-law shall be deemed to constrain any person from erecting or maintaining any sign or advertising on any interior wall of a body-rub parlour, provided the content of such sign is not visible from the exterior of the body-rub parlour. No person may erect or maintain any sign or advertising in respect of a body-rub parlour which includes any letters, markings, symbols, pictures or representations except the name of the body-rub parlour as recorded on the application for licence and any registered copyright logo or symbol, provided a copy of such logo or symbol is filed with the Licensing Officer as part of the licensing process. 7 335 l ATTACHMENT # iroRËPORT # C 5 ¡'I-f' DESIGN OF PREMISES 7. (d) (e) (f) (g) (h) No person may be an owner or operator of a body-rub parlour except in accordance with the following regulations: (a) The owner or operator shall provide the Licensing Officer with a floor plan showing the designated room or rooms for the provision of body-rubs and no person may provide body-rubs in any other room, cubicle, enclosure or partitioned area located within the body-rub parlour. In the event that the owner or operator wishes to amend the floor plan, he shall first file with the Licensing Officer a copy of the amended floor plan and shall not proceed to make such alterations without first obtaining the approval of the Licensing Office. (b) Save and except for one room designated by the owner or operator for use as an office and one room designated by the owner or operator as a storage room, every owner or operator shall ensure that no means of access to any room, cubicle, enclosure or partitioned area in a body-rub parlour is equipped or constructed with a locking device of any kind or with any other device or structure which could delay or hinder anyone from entering or obtaining access to such area. (c) During the hours of operation of a body-rub parlour the owner, operator and attendant shall ensure that the principal means of access into the body-rub parlour is unlocked and available so that anyone coming into the body-rub parlour may enter therein without hindrance or delay. No premises or part thereof used as a body-rub parlour shall be used as a dwelling or for sleeping purposes or contain therein any furniture which is commonly used or which may be used for sleeping purposes. Every massage room shall be equipped with a window to permit observation of the provision of body rubs by third parties. The window must be 8 cm wide x 13 cm tall clear glass, located in the door to each massage room at a height of not less than 1.5 m and not greater than 1.7 m and must not be obstructed in any way. Every body-rub parlour shall be provided with adequate ventilation and with lighting that is adequate to ensure visibility and that is uniformly distributed throughout the premises. Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. Every body-rub parlour shall be equipped with an effective utility sink. t')) 3' 6 Vi' ' (m) (n) (0) (p) 8 -- ATTACHMENT # h TO REPORT # C ~ jt¡.,ù{; (i) Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under the Ontario Building Code. U) Washrooms shall be equipped with, (i) (ii) an adequate supply of hot and cold water; an adequate supply of liquid soap in a suitable container or dispenser; (iii) hot air dryers or individual towels in a suitable container or dispenser; and (iv) a suitable receptacle for used towels and waste material. (k) In all shower-bathrooms, if any, and in all sauna-bath ròoms, if any, (i) the floors shall be disinfected at least once a week with a disinfecting solution approved by the Medical Officer of Health; (ii) all surfaces and attached accessories of the bath or shower enclosure must be self-draining; (iii) all showers must have removable cleanable drain covers; and (iv) floor surfaces both within and without the enclosures shall be of non- slip type. (I) Every table, mat or other surface upon which persons lie or sit while being given or provided with a body-rub shall be clean and in good repair, and shall have a top surface of impervious material. Every table mat or other surface referred to in Subsection (I) hereof shall be covered with a fresh, clean individual paper or cloth sheet before any person receives a body-rub thereon. Every sheet or towel shall, immediately after being used by any person, be deposited in a receptacle reserved for that purpose and shall not be utilized again for any purpose before being freshly laundered. Every owner and operator shall provide and maintain at all times at the body-rub parlour a first-aid kit equipped in a manner satisfactory to the Medical Officer of Health. Every body-rub parlour shall be constructed in accordance with the Ontario Building Code and every applicant for an owner's licence shall provide the '- 337 9 'ATTACHMENT # b TO REPORT #C5/If[o" Licensing Officer with such drawings as may be required to assess compliance in this regard. HOURS OF OPERATION 8. (i) No owner or operator may permit a body-rub parlour to be open for business and no attendant at a body-rub parlour shall provide body-rubs in a body-rub parlour except between the hours of 8:00 a.m. and 9:00 p.m. on any given day. (ii) Every owner, operator and attendant shall ensure the hours of operation of the body-rub parlour are posted on a sign in a conspicuous place, visible from the outside of the premises. LOCA TIONAL RESTRICTIONS AND LIMITATION ON NUMBER 9. No person may own or operate a body rub parlour from any premises except upon such lands identified in Schedule "B". 10. The number of body-rub parlours which may be licensed within the City of Pickering shall be limited to three (3). 11. No person may own or operate a body-rub parlour from any premises except upon such lands as are zoned to permit the use of a body-rub parlour pursuant to City zoning by-laws. NATURE OF LICENCE 12. 13. 14. 15. No person shall enjoy a vested right in the continuance of a licence and the value of a licence shall be the property of the City and shall remain so irrespective of the issue, renewal or revocation thereof. No person licensed to carry on any trade, calling, business or occupation pursuant to this By-law may advertise or promote or carry on such trade, calling, business or occupation under any name other than the name endorsed upon his licence. The licences required by this By-law shall, unless they are expressed to be for a shorter or longer time, be for the period up to and including the 31st day of December in the year of issuance, unless they are sooner forfeited or revoked. No licence shall be transferred or assigned and if an owner, operator or attendant sells, leases or otherwise disposes of his interest in the trade, calling business or occupation carried on at a body-rub parlour, their licence in respect of such body- rub parlour or activity shall, notwithstanding any other provision of this By-law, be revoked. t,{.ð..~...ç.! v.'~.O 16. 10 'ATTACHMENT #-L TO"ÃEP(JRT #-~1-0L (i) Every body-rub parlour licence shall have endorsed thereon the location of a body-rub parlour and such endorsement shall be for one location only and such licence shall be valid only for the location endorsed thereon. (ii) Every body-rub parlour owner's, operator's and attendant's licence shall have endorsed thereon the location of the body-rub parlour which they own or at which they work and such licence shall be valid only for the locations endorsed thereon. (iii) Where an operator or attendant requires the endorsement of an additional location after issuance of a licence, the operator or attendant must first produce a copy of the written contract for services with the owner of the additional location. APPLICATION, RENEWAL AND REVOCATION OF LICENCE 17. (a) (b) (c) (d) Every applicant shall appear in person before a Licensing Officer and shall complete such licence application forms as may be provided from time to time by the Licensing Officer in accordance with the requirements of this By-law and shall provide all information requested thereon, such information to include, a Canadian police clearance Jetter dated within thirty (30) days of the date of the application; current valid photo identification, satisfactory to the Licensing Officer; proof of age, if required to do so, satisfactory to the Licensing Officer that every person is of the full age of eighteen years; and pose for identification photograph to be processed and attached to licence and corresponding files. In the case of a body-rub parlour owned by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of a body-rub parlour owned by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. 18. Every applicant for an, (a) (b) Operator's licence shall provide the Licensing Officer with a written contract for services between the owner of the body-rub parlour and the applicant and signed by the licensed owner of the body-rub parlour contained in the application. Attendant's licence shall provide the Licensing Officer with a written contract for services between the owner, or the operator of the body-rub parlour and 23. 24. 25. 3:3:pj ] I ATTACHMENT tLJ. ~P/]RTJ!. CS J -Df the applicant and signed by the licensed owner or licensed operator of the body-rub parlour contained in the application. The contract for services shall be dated within 30 days of the date of the application. 19. Every applicant for an attendant's licence shall provide the Licensing Officer with a medical certificate from a qualified doctor dated within thirty (30) days of the date of the application, indicating that the applicant is free from communicable or transmissible diseases. 20. Every applicant for an owner's licence shall, at the time of making an application, file with the Licensing Officer a list showing the names and addresses and birth dates of all operators and attendants employed by or performing services in the body-rub parlour. 21. At the time of submission of their application, every applicant shall pay to the City the fee set forth in "Schedule A" of this By-law. Fifty percent of such fee is refundable in the event that an application is not accepted for licensing. 22. Receipt of the application andlor the licence fee by the City shall not represent approval of the application for the issuance of a licence nor shall it obligate the City to issue such licence. Without limiting the generality of any other provision in this By-law, persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration, in writing, signed by all members of the partnership, which declaration shall state, (a) (b) the full name of every partner and the address of ordinary residence; the name or names under which they carry on or intend to carryon business; (c) that the persons therein named are the only members of the partnership; and (d) the mailing address for the partnership. If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be applying for an owner's or operator's licence as appropriate in place and stead of the partnership. Without limiting the generality of any other provision in this By-law, every corporation applying for a licence shall file with the Licensing Officer, at the time of making its application, a copy of its articles of incorporation or other incorporating '1 ~ ('t ,j 'I- ¡- 26. 27. 12 ATTACHMENT # -1L TO RÈPÔRT ~ ¡~ SIr - v b documents and shall file a statutory declaration, in writing signed by an 0 Icer 0 corporation, which declaration shall state, (a) (b) the full name of every shareholder and the address of ordinary residence; the name or names under which it carries on or intends to carry on business; (c) that the persons therein named are the only shareholders of the corporation; and (d) the mailing address for the corporation. Every person applying for a body-rub parlour licence shall file with the Licensing Officer documentation satisfactory to the Licensing Officer demonstrating the applicant's right to possess or occupy the premises and if any applicant is not the registered owner of the property upon which the body-rub parlour is to be located, such person shall file with the Licensing Officer a copy of their lease, if any, and a copy of any other document constituting or affecting the legal relationship relating to the said lands or premises between said applicant and the registered owner. The Licensing Officer shall, (a) (b) (c) (d) (e) (f) (g) receive and process all applications for licences and renewal of licences to be issued under this By-law; co-ordinate the enforcement of this By-law; generally perform all the administrative functions conferred upon him or her by this By law; make or cause to be made a circulation respecting each body rub parlour application, which shall include circulation of the licence application to the Medical Officer of Health and Durham Regional Police for comments; make or cause to be made all investigations and inspections deemed necessary to determine whether an applicant meets the requirements of this By-law and all applicable laws; issue licences to persons who meet the requirements of this By-law and suspend licences pursuant to the requirements of this By-law; and where a licence has been issued pursuant to this By-law and otherwise remains in full force and effect, renew the licences of persons who meet the requirements of this By-law. 29. 30. 31. 32. 28. (e) (f) 13 9'.)t . \ ~; '1:.1 I ATTACHMENT 11 -1L TO REPOR~ # C5 i~-Of The Licensing Officer shall issue the licence only where, (a) all the information which the applicant is required to provide under this By- law has been provided, and verified; (b) all the documents which the applicant is required to provide under this By- law have been provided; (c) the licence fee is paid; (d) the premises, accommodations, equipment or facilities in respect of which the licence is required comply with the provisions of this By-law or any other applicable law; the investigations do not disclose that the issuing of such licence may be adverse to the public interest; and the Licensing Officer has no grounds to believe the applicant will not conduct himself/herself in accordance with the law or with honesty and integrity. Where the Licensing Officer determines that a licence should not be issued as a result of any matter in Section 28 of this By-law, helshe shall notify the applicant. Where an applicant advises the Licensing Officer in writing, that helshe disputes the determination made by the Licensing Officer under Section 28 of this By-law or submits that the licence applied for should be issued despite that determination, the matter shall be referred forthwith by the Licensing Officer to Council, which shall hear representations from the Licensing Officer and the applicant. The Licensing Officer may suspend a licence where there is reason to believe that a breach of this By-law has occurred. Such suspension shall take effect upon service of a written notice to the licensee and the licence shall remain suspended for no more than thirty days from the date of service of this notice. In order to continue this suspension beyond the thirty day period or to revoke the licence, the Licensing Officer must prepare a report and receive Council's direction in this regard. Where any licence is suspended, it shall not be reinstated until the Licensing Officer is able to confirm that the conditions leading to the suspension have been remedied. At any meeting of Council called in relation to a report to determine the issuance, renewal, suspension or revocation of a licence, (a) the applicant, (i) shall be accorded its rights pursuant to the Statutory Powers Procedure Act including the right to appear and speak to the ~'A¡I) -J: 'i I:'" 14 [A1ÏÄCHMENT It '¡ 'ÏORÊPõÃÌ #~-Ot matter; and (ii) when he or she has been provided with notice of the meeting and does not attend, Council may proceed with the meeting in the absence of the applicant. (b) Council may, (i) refuse to grant a licence, revoke a licence or suspend a licence; or (ii) impose special conditions as a requirement in order to obtain, continue to hold or renew a licence. (c) Council shall exercise its power under clause 32(b) of this By-law, (i) where the applicant has not met the requirements of this By- law; or (ii) upon the grounds that the conduct of any person, including the officers, directors, employees or agents of a corporation, affords reasonable cause to believe that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity. 33. (1 ) Any licence that has not been renewed as at December 31 st in the year of its issuance or renewal shall expire on January 1 st in the year following its issuance or renewal. (2) Notwithstanding Subsection 33(1), the Licensing Officer may extend a licence where an application for a renewal of the licence has been made, and the final disposition of the application remains outstanding by December 31st of the year in which the renewal application was made. CHANGE OF STATUS 34. Where there is any change in any of the particulars relating to a person licensed under this By-law, which particulars are required to be filed with the City on applying for a licence under this By-law, such person shall report the change to the Licensing Officer within seven (7) days of the change. 35. Where there is to be a change in the composition or the controlling interest of a partnership licensed under this By-law, the persons licensed hereunder in partnership shall obtain the approval of the Licensing Officer to such change prior thereto. Where there has been any change in the controlling interest of the partnership by virtue of a number of transactions, the licence may be suspended despite the Licensing Officer's prior approval of anyone or more such transactions. 36. 15 ATTACHMENT # ~..l9~.~ c 31 -Ot ~41")J .~." '. ") ..J; ,. Where there is to be a change in the composition or the controlling interest of the shareholders of a corporation licensed under this By-law, the corporation shall obtain the approval of the Licensing Officer to such change prior. Where there has been any change in the controlling interest of the corporation by virtue of a number of transactions, the licence may be suspended, despite the Licensing Officer's prior approval of anyone or more such transactions. OFFENCE. PENALTY AND ENFORCEMENT 37. 38. 39. 40. 41. 42. Any person who contravenes the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein and every director or officer of a corporation who concurs in such a contravention is guilty of an offence and, upon conviction pursuant to the provisions of the Provincial Offences Act, is liable to; (a) a penalty in the case of persons, other than a corporation, not to exceed $25,000.00 or imprisonment for a term not to exceed one year or both; (b) (c) a penalty in the case of a corporation, not to exceed $50,000.00; and an order closing the body-rub parlour, which is the subject of the contravention, for a period not to exceed two years. The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a violation of the provisions of this By-law. Every person shall comply with the provisions of this By-law applicable to him/her whether or not helshe is licensed under this By-law. Every owner, operator and attendant shall, during the operating hours of the body-rub parlour and at all times when body-rubs are provided therein, make available for inspection by the Licensing Officer, a peace officer, a Medical Officer of Health, a Provincial Offences Officer, or a municipal law enforcement officer the original of any document or record or licence referred to in this By-law. Every owner and every operator of a body-rub parlour shall, at all times during the hours of operation of the body-rub parlour and during all hours when body- rubs are being provided at the body-rub parlour, permit the entry by and the inspection of the body-rub parlour by a municipal law enforcement officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. No person may obstruct or hinder the entry or the inspection of a body-rub parlour by a municipal law enforcement officer, a Provincial Offences Officer, the Licensing Officer, a Medical Officer of Health or a Peace Officer. 1)4 ¡AI¡ -.) t 46. 47. 48. 49. 16 I ATTACHMEÑT;b IURÈpôÃT; c~j -bi VALIDITY 43. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed herefrom and the remainder of the By-law shall continue in full force and effect. 44. All Schedules referred to in this By-law are deemed to be part of this By-law. 45. Wherever notice or materials are required to be provided to any person pursuant to this By-law, such notice shall be deemed effective two (2) days after mailing of the materials by registered mail to the last address of that person as indicated upon the licence application or upon other material filed with the City. The provisions of this By-law are not applicable in relation to medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. This By-law shall be known as the Body-Rub Parlour By-law. By-law 5764/00, lOA By-law respecting the licensing and regulating of body-rub parlours and attendants" shall be repealed effective January 16, 2006. This By-law shall come into force on January 16, 2006 and remain in force until December 31, 2010. BY-LAW read a first, second and third time and finally passed this 16th day of January, 2006. David Ryan, Mayor Oebi A. Bentley, Clerk '=>'.' A.' ~."¡. ffJi "f: t;.I 17 'ATTACHMENT #-.L TÕ"'ÃËPORT #(51411 SCHEDULE "A" TO BY-LAW NUMBER xxx Body-Rub Parlour Licence Fees: Owner/Operator: $500.00 $250.00 Owner who does not operate: Operator other than Owner: $250.00 $150.00 Attendant For the term of any licence period expiring December 31st of any year. J:. 4: o¡ 18 SCHEDULE "B" ATTACHMENT # TO BY-LAW NUMBER xxx h TO REPORT # C 5 III a: SCHEDULE 'B' DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE , rm__._n__-' ~ "ccsr.. I ~ ~ w=,"cß'oorn ¡ § I ~ '--- s ~ 'o.c eONT'OC P~T WONTCCwC" TO"-CV""W "'C.£"'NG G£N£"^ToNO ST^ToON r, ftJ Œ[Q) ~ O"'C => l'" tee) ~ ~ ",COCONe i C"VE LAKE ONTARIO -J' IV