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Home My WebLink AboutMarch 27, 2006 Executive Committee Meeting Agenda Monday, March 27, 2006 7:30 pm Council Chambers Chair: Councillor Johnson (I) ADOPTION OF MINUTES PAGES Meeting of February 27,2006 1-14 (II) DELEGATIONS 1. Gord Weeden, Chair, Rouge Park Alliance Re: Rouqe Park Successes. Vision and Movinq Forward 2. Inspector Jim Douglas Durham Regional Police Service Re: CS 14-06 Chanqes to Proposed Bodv Rub Parlour Bv-Iaw (III) MATTERS FOR CONSIDERATION 1. Director, Planning & Development, Report PD 01-06 Zoning By-law Amendment Application A 13/05 Wal-Mart Canada Inc. 1899 Brock Road Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801 Parts 3,4, 5, 6, 7,8,& 10) City of Pickerinq 15-36 1. That Zoning By-law Amendment Application A 13/05, be approved as set out in the draft by-law attached as Appendix 1 to Report PD 01-06, to amend the existing zoning on the subject lands to permit a seasonal drive-thru garden centre for outdoor sales and display on lands being Part of Lot 18,Concession 1 (40R-12591, Part 1 & 40R-1 9801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 13/05, as set out in Appendix 1 to Report PD 01-06 be forwarded to City Council for enactment. Executive Committee Meeting Agenda Monday, March 27, 2006 7:30 pm Council Chambers Chair: Councillor Johnson 2. Director, Planning & Development, Report PD 15-06 Disposal of Lands Part of Lot 31, Concession 1, Pickering Part 2. Plan 40R-24050 Sheppard Avenue, Pickering File No. RE0602 37-41 That a by-law be enacted to: 1. Stop-up and close the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, as public highway; 2. Declare the lands described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, surplus to the needs of the Corporation for the purpose of sale to the abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy Subject to any required easements; and 3. Authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R- 24050 and to effect the conveyance of it to the abutting owner for nominal consideration, subject to any required easements. 3. Director, Planning & Development, Report PD 22-06 Zoning By-law Amendment Application A 22/05 1430658 Ontario Inc. 1050 Brock Road, Unit 25 South Part of Lot 19, Concession 1 City of Pickerinq 42-81 1. That Zoning By-law Amendment Application A 22/05 be approved, to amend the existing zoning on the subject property to add a body-rub parlour as a permitted use on lands being South Part of Lot 19, Concession 1, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 22/05, as set out in Appendix I to Report PO 22/06 be forwarded to City Council for enactment. Executive Committee Meeting Agenda Monday, March 27,2006 7:30 pm Council Chambers Chair: Councillor Johnson 4. Director, Planning & Development, Report PD 23-06 Zoning By-law Amendment Application A 26/05 1044910 Ontario Inc. 1890 Glenview Road (Part of Lot 41, Plan 509) City of Pickerinq 82-106 1. That Zoning By-law Amendment Application A 26/05 be approved, as set out in the draft by-law attached as Appendix 1 to Report PD 23-06, to amend the existing zoning on the subject property to permit professional office uses, on lands being Part of Lot 41, Plan 509, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 26/05, as set out in Appendix 1 to Report PD 23-06, be forwarded to City Council for enactment. 5. Director, Planning & Development, Report PD 24-06 107-147 Durham Regional Official Plan Review Recommended Directions Report for Population, Employment and Urban Land, dated January 2006 Proposed Amendments for Transportation, Commercial, Rural and Environmental components, dated November 2005 Recommended Arterial corridor Guidelines. dated November 2005 1. That Council receive Report PD 24-06 of the Director, Planning & Oevelopment as the City's comments on the Recommended Oirections Report for Population, Employment and Urban Land, dated January 2006, Proposed Amendments for Transportation, Commercial, Rural and Environmental components of the Durham Regional Official Plan, dated November 2005; and the Recommended Arterial Corridor Guidelines, dated November 2005; 2. In preparing the amendments to the Ourham Regional Official Plan to implement the Recommended Oirections Report for Population, Employment and Urban Land, dated January 2006, that Council REQUEST the Region to identify the Cherrywood Community as a Future Urban Policy Area and to expand the urban area boundary to include lands in the northeast area of Pickering (lands outside of the Greenbelt Plan) and to designate these lands as Future Urban Study Executive Committee Meeting Agenda Monday, March 27, 2006 7:30 pm Council Chambers Chair: Councillor Johnson Area in order to accommodate Pickering's growth potential; and in addition, review the matters set out in Appendix I to Report PD 24-06; 3. That Council request the Region to address the issues identified by City staff regarding the assumptions used in the analysis of population and land supply in the Recommended Directions Report for Population, Employment and Urban Land, dated January 2006, as set out in Appendix I to Report PD 24-06; 4. To provide clarity to the Proposed Amendments on Transportation, Commercial, Rural and Environmental policies of the Durham Regional Official Plan and the Recommended Arterial Road Guidelines, that Council request the Region to incorporate the revisions as set out in Appendix II, Appendix III and Appendix IV to Report PD 24-06, which among other matters would include the following: · continue to permit the severance of a farm retirement lot; · permit as-of-right stand-alone farm-related commercial uses (such as farm markets, auction barns); · allow the limits of development for Hamlets located outside the urban area boundary to be reviewed by local area municipalities at the time of the ten- year comprehensive review of Provincial Plans; · identify Oowntown Pickering (Liverpool and Kingston Roads) as an Urban Growth Centre; · phase the minimum density target of 2.5 FSI for Regional Centres over the timeframe of the Regional Official Plan in conjunction with transit and infrastructure upgrades; · identify the Greenbelt Plan area as a separate component of the Natural Heritage System and retain the existing Major Open Space designation for lands outside of the Greenbelt; · designate four additional major arterial roads segments as Regional Corridor, and · correction of editorial and technical matters; 5. That Council request the Region to defer the Proposed Amendments to the Ourham Regional Official Plan affecting Central Pickering in order to re- examine, in consultation with the City of Pickering, policies, schedules and outstanding deferrals including Oixie Road, in light of more recent planning initiatives for this area; Executive Committee Meeting Agenda Monday, March 27,2006 7:30 pm Council Chambers Chair: Councillor Johnson 6. That Council request the Region to examine Bill 51, the Planning and Conservation Land Statute Law Amendment Act and incorporate any enabling policies in the Durham Regional Official Plan such as the funding of community improvement plans; 7. That Council request the Region to defer its approval of the Recommended Arterial Road Guidelines, and further, that Council direct City staff to continue discussions with the Region on cost sharing arrangements and to report back; and 8. That the City Clerk forward a copy of Report PD 24-06 to the Region of Durham and to local municipalities in Durham Region. 6. Director, Operations & Emergency Services, Report OES 15-06 148-161 Draft Regional Trail Network Durham Trail Coordinating Committee (DTCC) File A-2130 1. That Report OES 15-06 regarding the Draft Regional Trail Network be received; and 2. That Council endorse the comments received from staff in this report and provide direction for staff to forward a copy of Report OES 15-06 to the Region for their consideration 7. Director, Corporate Services & Treasurer, Report CS 14-06 Changes to Proposed Body Rub Parlour By-law L-2314 162-220 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 Committee Meeting Agenda Monday, March 27, 2006 7:30 pm Council Chambers Chair: Councillor Johnson 8. Director, Corporate Services & Treasurer, Report CS 15-06 221-228 Statement of the Treasurer Respecting 2005 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies That Report CS 15-06 of the Director, Corporate Services & Treasurer, Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2005, be received. 9. Director, Corporate Services & Treasurer, Report CS 18-06 Sidewalk Snow Removal By-law File: L-2200 229-232 1. That Report CS 18-06 regarding a revised Sidewalk Snow Removal By- law be received; 2. That the attached draft by-law be enacted to require the removal of ice and snow from sidewalks within the City of Pickering, and 3. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. (IV) OTHER BUSINESS (V) ADJOURNMENT 01 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson PRESENT: Mayor Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean O. Pickles ALSO PRESENT: T. J. Quinn - Chief Administrative Officer N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer D. Bentley - City Clerk R. Holborn - Division Head, Municipal Property & Engineering C. Rose - Manager, Policy D. Shields - Deputy Clerk (I) ADOPTION OF MINUTES Moved by Councillor McLean Seconded by Councillor Ashe Meeting of February 13, 2006 "In Camera" meeting of February 13, 2006 CARRIEO (III) MATTERS FOR CONSIDERATION 1. Oirector, Planning & Oevelopment, Report PO 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 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson City Initiated: Oak Ridges Moraine Conformity Exercise City of Pickerinq The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. Peter Wood, 5460 Old Brock Road, Claremont appeared before the Committee with respect to concern of a road proposed across his property, specifically the proposed Old Brock Road and Uxbridge-Townline Road realignment. He advised that in his opinion it did not fit within the intent of Section 10.1.2 of the Pickering Official Plan. Discussion ensued and Mr. Wood was advised that his concerns would be reviewed and considered as part of the next Official Plan review. Oan Barkey, 1658 North % of Lot 19, appeared before the Committee expressing his objection to the devalue of his farm. He stated that the Province should be providing compensation to farmers and as a farmer, he could not expand due to his property being considered environmentally sensitive. He further expressed concern that his cows were denied access to water due to the fact that it could disturb the banks of the water, as noted in the Marine Protection Act. Phil Givens, 5275 Sideline 4, appeared before the Committee requesting clarification for zoning boundaries as he owned 200 acres in the subject area. He further requested clarification on the vegetation zone and if the measurement is from the trunk of tree or drip line. He advised that the Region of Durham wanted to harmonize the Greenbelt Plan and these matters should be considered together. A question and answer period ensued. Moved by Councillor Ashe Seconded by Councillor McLean 1. That Council receive Report PO 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; 2. (a) That Official Plan Amendment Application OPA 05-001/P, initiated by the City of Pickering, to implement the Oak Ridges Moraine Executive Committee Meeting Minutes Monday, February 27,2006 7:30 pm Council Chambers Chair: Councillor Dickerson 03 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; 3. (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; (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; 4. 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; 5. That Council adopt Informational Revision 13 as set out in Appendix III to Report PD 07-06 for inclusion in the Pickering Official Plan; 6. That Council request the Ministry of Municipal Affairs and Housing to resolve Oeferrals 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; 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; 8. 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; 9. That the City Clerk forward a copy of Report PO 07-06 to the Ministry of Municipal Affairs and Housing, the Region of Ourham, the Town of Markham, the Town ofWhitchurch-Stouffville, the Township of Uxbridge, the Township Executive Committee Meeting Minutes Monday, February 27,2006 7:30 pm Council Chambers Chair: Councillor Dickerson of Scugog, the Town of Whitby, and the Toronto and Region Conservation Authority; 10. That the City of Pickering prepare a letter under the signature of the Mayor, to the Province of Ontario expressing the City's concern to the unfairness of how this legislation has been enacted, including the implementation process. CARRIED 2. 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 The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. There were no members of the public present to address the Committee on this matter. Moved by Councillor Pickles Seconded by Councillor McLean 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 PO 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 PO 10-06 be forwarded to City Council for enactment. CARRIEO 05 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 3. 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 Pickerinq The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. Sylvia Spencer, 771 Sheppard Avenue East, appeared before the Committee expressing her concerns with respect to this application. She stated that Block A should be semi-detached and with respect to Block B - Parkland, requested that this be completed now. Irene Moult, 838 Sheppard Avenue East, appeared before the Committee in opposition to block after block of townhouses. She requested clarification with the rezoning of the lands and if the existing dwellings would hold lawful non- conforming status. She further stated her objection to twenty-four driveways onto Sheppard Avenue and would have preferred to see driveways at the back or side of the subject property. She indicated that the subject application was not compatible with what is on Sheppard Avenue now, and further expressed concern with the enforcement of the speed limit in this area. Wilma Flavell, 734 Sheppard Avenue East, appeared before the Committee expressing her concern with respect to the parking problems that would ensue with this application and felt there were too many townhouses, She advised that there would be an increase in traffic and this was a concern to residents. She further advised that the construction had caused structural damage to her home and this was causing her great concern. In summary, she stated that semi- detached should have been built on this property, rather than a townhouse development. Lorelei Jones, a representative of the applicants appeared before the Committee and stated that she appreciated the concerns of the area residents. She outlined the proposed driveway configuration, which could allow for up to four cars to be parked. A question and answer period ensued. Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson Moved by Councillor Ashe Seconded by Councillor Pickles 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. 2. 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. CARRIED 4. 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 The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. Jim Keating, 355 Chickadee Court, appeared before the Committee and expressed concern with the traffic and parking problems that would be caused by this application. He stated that Option A with access onto Altona Road should be considered as traffic coming out of Sparrow Court would create a traffic bottleneck. Walter Oowd, 363 Chickadee Court, appeared before the Committee and expressed concern with respect to the overflow parking that would be created with this development onto Chickadee Court. He requested consideration of no parking signs within the area be installed. Gasper LaTona, 350 Chickadee Court, appeared before the Committee and expressed concern with the overflow of parking onto Chickadee Court. 07 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson Moved by Councillor McLean Seconded by Mayor Ryan 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 Delco 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. CARRIED 5. 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 The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. There were no members of the public present to address the Committee on this matter. Moved by Councillor Ashe Seconded by Councillor Brenner 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. 2. 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. CARRIEO Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 6. Oirector, 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 The Chair called for any delegations from the floor who may wish to speak to the Executive Committee with respect to this matter. There were no members of the public present to address the Committee on this matter. Moved by Councillor McLean Seconded by Councillor Brenner 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, Oraft 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 PO 17 -06, be forwarded to City Council for enactment. CARRIEO OECLARA TION OF INTEREST Councillor Ashe declared a conflict of interest in accordance with the Municipal Conflict of Interest Act with respect to Item #2 of Report PO 18-06 of the Oirector, Planning and Oevelopment, due to his interest in the Whitevale Golf Club. Councillor Ashe did not part in the discussion or vote on Item #2. 7. Oirector, Planning & Oevelopment, Report PO 18-06 Proposed Modifications to the Proposed Central Pickering Development Plan 08 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson Prepared by the Ministry of Municipal Affairs and Housing Dated February 1, 2006 EBR Reqistrv Number: PF05E0002 1. That Pickering Council receive Report PD 18-06 as its comments on the proposed modifications to the proposed Central Pickering Development Plan, prepared by the Ministry of Municipal Affairs and Housing, dated February 1, 2006, EBR Registry Number: PF05E0002; 2. That, despite the City's continued opposition to the use of the Ontario Planning and Development Act, 1994 (OPDA), should the Provincial government approve a Development Plan for Central Pickering under that Act, (a) Council requests the Plan be further modified to include a policy specifying that prior to the completion of the first neighbourhood plan, the Minister will enter into appropriate Memorandum of Understanding (MOU) and agreements with the City of Pickering, and other levels of government and agencies as may be required, to provide financial assistance in accordance with section 20 of the OPDA, for the purpose of implementing the policies and programs of the Plan, at a level to ensure achievement of the following: · the provision of sufficient lands in acceptable locations for required municipal facilities, parks and open spaces, and other necessary community facilities such as places of worship, schools, nursing homes and childcare centres; · the early servicing of the Highway 407 employment lands; · adequate long-term funding to maintain and manage the natural heritage system; · the preparation of a heritage study of the Whitevale Road corridor east of the existing Heritage Conservation District as input to the neighbourhood planning process; · the provision of sufficient lands for the development of a university and/or college campus and a medical teaching hospital; · the provision of two new Highway 407 interchanges, the construction of the Brock Road by-pass and the Brock Road 1 Highway 407 interchange, the provision of appropriate regional and interregional transit service, the extension of GO-Transit service, the widening of Highway 7, the construction of the Whitevale By- pass / 14th Avenue connection, and the widening of Steeles Avenue; Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson · the development of an integrated set of sustainability measures and benchmarks for Seaton; · the cost of providing services and facilities in Seaton will not be borne by the City's existing residents and businesses; · funding of all subsequent planning, design and technical studies or exercises; and · any other matters as may be determined; (b) Council requests the Plan be further modified to incorporate the changes set out in Appendices I and II to Report PD 18-06, which among other matters would result in: · retention of 135 hectares of Prestige Employment lands, which were converted to non-employment uses; . reclassification of Sideline 22 from a Type B Arterial to a Type C Arterial Road; · addition of policies requiring completion of the City's Financial Impact Study for Seaton ahead of the completion of the first neighbourhood plan, and completion of the Whitevale Road Corridor heritage study prior to the completion of the neighbourhood plans for the adjacent lands; · clarification of policies on funding, timing and preparation of studies to ensure that costs are not borne by the City but by the benefiting landowners; and . correction of editorial and technical matters; and (c) Council authorizes City staff to meet with representatives of the Ministry of Municipal Affairs and Housing after the March 3, 2006 deadline to continue to discuss and provide input on the Provincial Development Plan and to report back to Council through the Net Benefits Committee; and 3. That the City Clerk forward a copy of Report PO 18-06 to the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, the Minister of the Environment, Project Oirector for the North Pickering Land Exchange Team, the Region of Ourham and the Toronto and Region Conservation Authority. CARRIEO LATER IN THE MEETING (See Following Motion) Executive Committee Meeting Minutes Monday, February 27,2006 7:30 pm Council Chambers Chair: Councillor Dickerson 11 J. Moved by Councillor Ashe Seconded by Mayor Ryan That the main motion be divided in order to deal with Item #2 separately. CARRIED Moved by Councillor Brenner Seconded by Councillor Pickles That Item #2 of the main motion be approved. CARRIED The Committee then had before it the main motion, save and except Item #2, which CARRIED. 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 Moved by Councillor Brenner Seconded by Councillor McLean 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. CARRIED Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 9. Director, Operations & Emergency Services, Report OES 10-06 Construction Priorities for Regional Roads Within the City of Pickerinq Discussion ensued with respect to Report OES 10-06 and the scheduled timing of projects by the Region of Durham. Staff were requested to contact the Region of Durham to determine the scheduled construction of Brock Road. Moved by Councillor Pickles Seconded by Mayor Ryan 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 Ourham. CARRIED 10. Director, Operations & Emergency Services, Report OES 11-06 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 Moved by Councillor Ashe Seconded by Councillor McLean 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. CARRIEO 13 Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 11. 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 Moved by Councillor Ashe Seconded by Councillor McLean 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. CARRIED 12. Director, Operations & Emergency Services, Report OES 13-06 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 Moved by Councillor Ashe Seconded by Councillor McLean 1. That Report OES 13-06 regarding renewal of a lease agreement be received. 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 miniature golf-putting facility located at least 6.1 metres south of the northerly boundary of the premises and an accessory parking area Executive Committee Meeting Minutes Monday, February 27, 2006 7:30 pm Council Chambers Chair: Councillor Dickerson 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. CARRIEO 13. Director, Corporate Services & Treasurer, Report CS 14-06 Changes to Proposed Bodv Rub Parlour Bv-Iaw Discussion ensued with respect to this matter. Based on the discussion, Members of Council were requested to provide further comments in writing to the City Clerk in order for any further revisions to be reviewed in co-operation with the City Solicitor and that this matter be referred to the next regularly scheduled meeting of the Executive Committee. Moved by Councillor Ashe Seconded by Councillor Johnson That Report CS 14-06 of the Director, Corporate Services & Treasurer be referred back to staff for two weeks for the purpose of further review of any written comments from Members of Council. CARRIED (IV) OTHER BUSINESS There were no items of Other Business presented. (V) ADJOURNMENT The meeting adjourned at 10:34 pm. 15 ...... CUll O~ REPORT TO EXECUTIVE COMMITTEE .. ... . .... ~.. Report Number: PO 01-06 Date: January 9, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 13/05 Wal-Mart Canada Inc. 1899 Brock Road Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801 Parts 3,4, 5, 6, 7, 8, &10) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 13/05, be approved as set out in the draft by-law attached as Appendix I to Report PO 01-06, to amend the existing zoning on the subject lands to permit a seasonal drive-thru garden centre for outdoor sales and display on lands being Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 13/05, as set out in Appendix I to Report PO 01-06 be forwarded to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to permit a seasonal drive-thru garden centre for outdoor storage and display, between April 1 st and June 30th annually. The subject property is located on the north-east corner of Brock Road and Pickering Parkway and currently supports The First Simcha Shopping Centre (see Attachment #1 - Location Map & Attachment #2 - Applicant's Submitted Plan). The seasonal drive-thru would be associated only with the Wal-Mart store. Other stores within the First Simcha Shopping Centre lands would also require rezoning to permit any temporary outdoor storage and display. The drive-thru garden centre will occupy 12 to 14 parking spaces and will not affect the function of the shopping centre, as there is a surplus of parking available on-site. The seasonal drive-thru garden centre will not have an adverse impact on the appearance and operation of the property, traffic flow, accessibility or surrounding properties. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. 1 . Report PD 01-06 6 Subject: Wal-Mart Canada Inc. January 9, 2006 Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Background: 1.0 Comments Received 1.1 At the August 4, 2005 Information Meeting (see text of Information Report, Attachment #3 and Meeting Minutes #4) Public Comments - James McKee of 1945 Oenmar Road, Unit 41, commented that he is in objection to the application (via email on June 13, 2005-see Attachment #5); 1.2 Agencies Durham Region Planning Department Toronto & Region Conservation Authority 1.3 City Departments Pickering Fire Services Applicant's Comments - Franco Cirelli, Manager, Wal-Mart was present but had no comments; - conforms with Regional Official Plan; - municipal water supply and sanitary sewer are available; - no Provincial interests identified; (see Attachment #6); - located outside of the Fill Regulated Area; - no permits are required from the authority; - no objections to the zoning amendment (see Attachment #7); - no objection with the applicant's proposal given that all required/ existing fire routes are maintained clear and free of all obstructions in accordance with the Ontario Fire Code and municipal by-laws (see Attachment #8). · Report PD 01-06 January 9, 2006 1(" Subject: Wal-Mart Canada Inc. Page 3 2.0 Discussion 2.1 Use and Compatibility 2.1.1 Proposed Use conforms to the Pickering Official Plan The applicant is proposing to introduce a seasonal drive-thru garden centre for outdoor storage and display (April 1 to June 30 annually). The subject property is designated "Mixed Use Areas - Specialty Retailing Node" in the Pickering Official Plan. This designation allows the proposed use to be considered. Approval of the rezoning would conform with the Pickering Official Plan and the Region of Durham Official Plan. 2.1.2 The Design and Location of the Seasonal Drive-Thru Garden Centre will not Impact Site Function The proposed location of the seasonal drive-thru garden centre in the south-east area of the site (see Attachment #2 - Applicant's Submitted Plan) appears to be the best location for such a facility for the Wal-Mart store. The drive-thru component of this garden centre is for easy pick-up and loading of bagged soil, mulch and other garden products into Wal-Mart customer's vehicles. It does not interfere with either the drive aisle access to Pickering Parkway or with the main pedestrian/vehicle traffic congestion point at the front entrance of Wal-Mart. The seasonal drive-thru garden centre will be situated in a location on the subject property that will have a minimal visual impact, and it will be screened by a temporary fence structure and existing landscaping along Pickering Parkway. Detailed design matters will be addressed through the site plan review process, and revised site plan agreement will be required. 2.1.3 On-Site Parking and Traffic Movement is Acceptable An adequate parking area is still maintained, as the seasonal drive-thru garden centre will be located in an area of the parking lot which is less heavily used than other areas in the parking lot. Furthermore, this part of the parking lot does not have direct access to the main drive aisle, which separates Wal-Mart from the parking lot and provides primary vehicular access to Pickering Parkway. The minimum parking space requirement in the zoning by-law is to ensure that an adequate amount of parking spaces are provided on-site to serve the property users. The location of the proposed seasonal drive-thru garden centre would result in the temporary removal of 12 to 14 parking spaces for the months of April, May and June each year. This reduction does not appear to have a negative impact on Wal-Mart or the other businesses on the First Simcha Shopping Centre lands, as there is a surplus of 134 parking spaces. lsReport PD 01-06 Subject: Wal-Mart Canada Inc. January 9,2006 Page 4 2.2 Zoninq By-law Performance Standards 2.2.1 The By-law Schedule will Designate the Area where the Seasonal Drive-Thru Garden Centre may Operate Annually The existing zoning by-law schedule will be amended to designate an area in the south-east portion of the property to accommodate the seasonal drive-thru garden centre. The text of the by-law will be amended to allow for the temporary location of a seasonal drive-thru garden centre to occupy a maximum of 14 parking spaces and operate from April 1 st to June 30th of every calendar year in conjunction with Wal-Mart only. Any other store on the First Simcha Shopping Centre lands, which want to have temporary outdoor storage and display, must acquire appropriate zoning. 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 Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Information Report 4. Public Information Meeting Minutes 5. Public Comments - James McKee 6. Comments from the Region of Ourham Planning Oepartment 7. Comments from the Toronto and Region Conservation Authority 8. Comments from Pickering Fire Services 19 ,Report PD 01-06 January 9,2006 Subject: Wal-Mart Canada Inc. Page 5 Prepared By: Approved / Endorsed By: ,.'1 " /r /' / ,,¿./....t"i ,/.. ----(..~ Neil Carrol, Oirector, PI GY~~~v¥ Lynda taylor, MÓÌP~P Manager, Development Review GXR:ld Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council , I (". f' r...d APPENDIX I TO REPORTNUMBERPD01~6 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 13/05 THE CORPORATIONOF 1~~i~l1t OF PICKERING ,. - - - -", .~~ ;'¡~- ~'~, ~ ',' ,~; "'" ~1 *' -1~~"~ " BY-,~~WNÖ. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 5511/99, 5692/00, and 6011/02, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3,4,5,6,7, 8, & 10), in the City of Pickering. (A 13/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to add an accessory use being a seasonal drive-thru garden centre with outdoor storage and display for, Part of lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of Pickering. AND WHEREAS an amendment to By-law 3036, as amended by By-laws 5511/99, 5692/00, and 6011/02, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. SCHEDULE & TEXT AMENDMENT 1. Section 1. SCHEDULE I of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding a hatched area outlining where a seasonal drive-thru garden centre can operate. 2. Section 4. DEFINITIONS of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following definition and re-alphabetizing and renumbering the subsections (1) to (25): (22) Seasonal Drive- Thru Garden Centre shall mean an area which stores and displays garden supplies, such as, but not limited to, soils, mulches, plants, and fertilizers and also has a drive-thru component enabling customers to pick-up and load their vehicles with their garden supply purchases but can only operate between April 1st and June 30th annually. 3. Section 5.(1) USES PERMITTED of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following subclause and re-alphabetizing the subclauses (i) to (xvii): (xvi) seasonal drive-thru garden centre, as an accessory use to permitted use (vi); 4. Section 5.(2)(iv) OUTDOOR STORAGE AND DISPLAY of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by adding the following subclause after 5.(2)(iv)C: D A seasonal drive-thru garden centre is permitted to operate between April 15t and June 30th annually, only in conjunction with a discount department store, in the cross-hatched area illustrated on Schedule I attached hereto, and can occupy a maximum of 14 parking spaces; 5. Section 5.(2)(vi)F SPECIAL REGULATIONS of By-law 5511/99, as amended by By-laws 5692/00, and 6011/02, is hereby amended by deleting F and replacing it with the following: F The permitted uses listed as 5.(1 )(xiii), 5.(1 )(xiv), 5.(1 )(xv), and 5.(1 )(xvii), shall be wholly contained within, and accessory to, their principal permitted uses identified in clause 5.(1), with no direct external access; 9'" .....'..,. - 2 - 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 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 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 RYa~~~ Debi A.Utley, City Clerk 23 ...::.>.., ///' / / i/\ '( /' //" '\':/\ -", ý/,......-I" / / \ r¡;::¿" / / \~'(::\~, \"i\~-- -\ \ \~~'~;'X -''.-'''~Q\-.. \":;:' --:;5" / c: .- "';:,,~ "A' __ -\ -;J \' .. ~, .-..-c ,,-\'Z-'r '"" ," ,,~..- '~-'\.... \-~~Jr,,"-_Y}\-_ :. --t "/ \, .. :.~, -\ .- <~ ",,/ \ ,-; \ 'Ç / ",\':r .. ~0?i,,'--,,\~\ .. r~" \l. ,~ Cj \ \ r- / // / / / // /' ~ (H-2)MU-SRN PL:::T ì, 40R-12591 --~ ~~:0 -~\ t, :/~ / / \ '- \ , I \ \ / I \ " ,~ ~,.,,-y;~ l' Iv ~,," ."'^ ,>.,', ..' SE:ASON,\L DRIVE THROUGH C;Þ..RDE)~ CE~~TRE - APRiL 1 TO JUNE 30 :3UILDING ENVELOPE &?.:21 E3UILD- TO ZONE SCHEDULE I TO BY-LAW ___lÓ11/99 ~1..w AS MADE BY liME, 0 ~Ì'-LA'~~ 5692/00 ONTARIO MUNICIPAL BOA~ ."ID 6011 -u2 ORDER DATE,n -,Jun~_~~_L999 _____ (O.M.B. FILE 2980159) 'J,t ;... (1 I 't"H r'Hrrr:~IT # I 'oJ I'~"¡\,.,!\ __ TO F~ j, PO 0 -Ok: ~ ) \ l J Il J I I II~l I I FINCH AVENUE - FINCH AVENUE r-- \ ROAD I-- I-- ~ I----- I-- a I-- « \ - 0 r I--- a::: - - I ~ w ¡---.- - ¡:::=:: > t----' Ct: t----' - ::::::: 0 - lï !-- - === - == t---- Sí00 == :;:: t---- ~ - w C-<l-I-V '> - - W J: t---- >- > r--- l- t---- ~ ~ l- ii: - ~ I-- 0 0 - =~ - - (IJ - w - - <::J a I- - a::: w I- - ~ II) - a ) z - {IJ r--- ( I-- « z II) f--- Q:: uj' a « :::J 0 OJ f-- Q:: I- DRIVE BAINBRIDGE ~ \ I ) f-- ITT ~~' I I-- I a l- I-- ...J Z I---- W - W U u... U1 l\~g C~T Ct: w r(11-~ a::: Ë u z SUBJ fCr ;;:: - I::---- r- » PROP ERTY I-- ~ ;0 y .....'" y DRIVE /1,-- 1...·/... ;0 » -- 0 (IJ J: » \ \ "T ¡--- - ~~ 0 r--- ;0 0 r-- w¡¿~ z t== .~ ç t== ~ ¡--- ¡--- ;0 J: ill G I ~ ;;:: w ~ I"'l £D ./ çg COURT ~ ~ ORIV / I I- Vir 1/ f-- I E >- PICKERING PARKWAY Ii ~ ~ a::: I ëE COURT I I II ~ J0r1 ~ ¡ -~ u 0 {&3 -- City of Pickering Planning & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CON. 1, 40R-12591, PART 1, 40R-19081, PTS. 3-10 l' OWNER FIRST SIMCHA SHOPPING CENTRES DATE MAY 16,2005 DRAWN BY JB FILE No. A 13/05 SCALE 1 :5000 CHECKED BY GR o a :.sourcea: PN-9 T.,..anet Entorp,.¡.es Inc. and it. .upplier-a. All right. R..erved. Not i::I plcn· of lIurvey. 2005 MPAC and il::s supplierlll. All riahts Reserved. Not CI plcn of Survey. ? 25 ~ l '" i-', . ,ºL:~2_~:)., INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN FIRST SIMCHA SHOPPING CENTRES. A 13/05 ( \ (!) 1II11II1I11111 Þ z õj EXISTING WAL-MART I~ ~ ~ PICKERING PARKWAY PROPOSEO SEASO DRIVE-THRU GAROEN CENTRE 'ì r- l' FULL SCALE COPIES OF THE APPLlCANT's SUBMITTEO PlAN ARE AVAILABLE FOR VIEWiNG AT THE CITY OF PICKERING PlANNiNG de O£'ÆLOPMENT OEPARTMENT. THIS MAP WAS PROOUCEO BY THE CITY OF PICKERING PlANNING de O£'ÆLOPMENT OEPARTMENT, INFORMAnON de SUPPORT SERVICES. At4 Y 16. 2005, 2G t.~1ACf:r.Œ\1T # Hi .'LiR1 11 PO .3 TO Df-Ole.> INFORMATION REPORT NO. 16-05 FOR PUBLIC INFORMATION MEETING OF August 4, 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 13/05 Wal-Mart Canada Inc. 1899 Brock Road Part of Lot 18, Concession 1 (40R-12591, Part 1 & 40R-19801, Parts 3-10) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 19.0 hectares in size, and located on the north-east corner of Brock Road and Pickering Parkway (see Attachment #1 - Location Map); - commercial land uses abut the property to the north (Brockington Plaza) and south (Canadian Tire & The Pickering Home and Leisure Centre); - residential land uses abut the property to the east and west, across Brock Road. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the zoning of the property to permit a seasonal drive-thru garden centre for outdoor sales and display; - this application is proposing approximately 280 square metres of new floor area dedicated to the seasonal drive-thru garden centre (see Attachment #2 - Applicants Submitted Plan). 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan - the Ourham Regional Official Plan identifies the subject lands as being designated "Living Area"; ~formation Report No. 16-05 (''"1t',GHMHH # ,3 TO ¡OJ "ir{1 #I PO Ol-Ob 2'7 Page 2 - this designation permits special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic; - the applicant's proposal appears to comply with this designation; 3.2 PickerinQ Official Plan - the subject property is designated "Mixed Use - Specialty Node" within the Village East Neighbourhood; - this designation permits hotels, limited offices, community, cultural and recreational uses, limited residential development at higher densities, and special purpose commercial uses such as: large format retailers, retail warehouses, membership clubs, theme and/or specialty retailers, automotive uses, and ancillary retailing of other goods and services including restaurants; - this property is located within one of the two Detailed Review Areas within the Village East Neighbourhood; - Schedule " of the Pickering Official Plan - "Transportation Systems" designates Brock Road as a Type A - Arterial Road and Pickering Parkway as a Type C - Arterial Road; 3.3 ZoninQ By-law 3036 as amended by Bv-Iaw 5511/99 and 6011/02 - the subject property is zoned "(H-2)MU-SRN" - Mixed Use - Specialty Retailing Node by By-law 3036 as amended by By-law 5511/99 and 6011/02 (see Attachment #3 - Zoning Map); - the property permits a variety of retail, office and commercial uses (see Attachment #4 - By-law 5511/99 - Permitted Uses); - the applicant is requesting to amend the existing zoning of the property to permit a seasonal drive-thru garden centre for outdoor sales and display; - to establish a limit to the length of time a seasonal drive-thru garden centre may operate (i.e. April to June); - this amendment applies to Wal-Mart located at 1899 Brock Road. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - no written resident comments have been received to date; 4.2 AQencv Comments - no written agency comments have been received to date; nr: .~ ',., ~n~ormation Report No. 16-05 # ~ I', '..,,_., .....L...,y"~ u <)1 ::º~, Page 3 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 use within the existing development; · the examination of the preliminary site plan to ensure adequate site function; · the examination of the length of operation for the seasonal drive-thru garden centre; · the evaluation of the "(H-2)MU-SRN" zoning to ensure that the inclusion of the seasonal drive-thru garden centre is appropriate and that the proper provisions are added to the by-law for zoning purposes; · the examination of the parking requirements for the property to ensure that minimum on-site parking is available when the seasonal drive-thru garden centre is in operation; · consider identifying the area devoted to the seasonal drive-thru garden centre on to the associated By-law Schedule; · 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. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Oevelopment Oepartment; - 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 & Oevelopment Oepartment 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. >.Information Report No. 16-05 t.2 ....~_.I U i-'·' o'>:~>'<!L~. 29 Page 4 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 - copies of the Applicant's Submitted Plan prepared by Petroff Partnership Architects 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 First Simcha Shopping Centres Limited, the applicant is Wal-Mart Canada, and the agent for this application is Roy Lewis of Petroff Partnership Architects. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Geoff Romanowski, CPT Planner II Lynda Taylor, MCIP, RPP Manager, Development Review GXR:jf Attachments Copy: Oirector, Planning & Oevelopment 30 T¡ µCf!i\;7ENT II ~ 3 TO ¿, pp, c'/ ·"Qt, \ ¡ APPENDIX NO. I TO INFORMATION REPORT NO. 16-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1) Pickering Fire Services i'i'){i','Tm # 4. TO PC Of -0':., ,--,-_.. - -...... - -""""""",,,., 31 Excepts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, August 4, 2005 7:00 P.M. 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. (I) ZONING BY-LAW AMENDMENT APPLICATION A 13/05 WAL-MART CANADA INC. 1899 BROCK ROAD PART OF LOT 18, CONCESSION 1 (40R-12591. PART 1 & 40R-19801, PARTS 3·10) 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 #16/05. 2. Franco Cirelli, Manager, Wal-Mart, advised of his presence but made no comment. - 1 - 32 #~~__m pc .m_ºL:QlC~__"=" Romanowski, Geoff From: Sent: To: Subject: James McKee Uames.mckee@sympatico.ca] June 13, 2005 11 :30 PM Romanowski. Geoff Zoning Amendment Application - A 13-05 Concerning the application by Wal-Mart Canada Inc. for an amendment to çermic a seasonal drive-thru garden cen~re for outdoor sales and display, , say NO. Village East used to he quiet, then we got Wal-Mart, Sobey's, etc. With all the bright lights that are on all night I have to go out and by heavy curtains to block out the artificia~ sunlight. As far as I am concerned, Wal-Mart is a bad citizen for Village Zast. So no more. James ~lcKee 1945 Denmar Road, Unit 41 Pickering, Ontario LIV 3£2 E-mail: james.mckee@sympatico.ca The Regional Municipality of Durham Planning Department 605 ROSSLAf\lD 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 for our Communities" August 2,2005 to ()/ ·ób 33 Geoff Romanowski, Planner II Pickering Civic Complex One The Esplande Pickering, Ontario L 1V 6K7 Mr. Romanowski: Re: Zoning Amendment Application A13/05 Applicant: Wal-Mart Canada Inc. Location: Part of Lot 18, Concession 1 1899 Brock 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 seasonal drive-thru garden centre for outdoor sales and display. Reqional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. Subject to the inclusion of appropriate provisions and designations in the area municipal official plan, special purpose commercial uses serving specialized needs on an occasional basis with services and facilities which consume larger parcels of land and require exposure to traffic may be permitted in Living Areas. Reqional Services Municipal water supply and sanitary sewer services are available to the subject property. Provincial Policies and Deleqated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. There are no matters of Provisional interest applicable to this application. If you have any questions or require further information, please do not hesitate to contact me. Q rf1~ fw1I( Dwayne Campbell, Planner Current Operations Branch CC. Pete Castellan N :\plrn\dclZomng\Comments\Picker Ing\}\ 13 05. doc @ 1 OO'~1) Post Consumer 3/f CõñseÿRvåYìón for The Living City July 26, 2005 7 #_~-='" t:;r.Y(¡R ì # Pu 01 "6(,;, ·"-'-..."".-....,.-,,~,_~_......"n'" . BY FAX AND MAIL ~~~;~~~~ CITY OF PICKERING PICKERING, ONTARIO CFN Mr. Geoff Romanowski. Planner II City of Pickering Pickering Civic Complex One The Esplanade Pickering. Ontario L 1 V 6K7 Dear Mr. Romanowski: Re: Zoning By-law Amendment Application No. A 13-05 Wal-mart Canada Inc. 1899 Brock Road City of Pickering Please note that the Toronto and Region Conservation Authority (TRCA) are in receipt of the above- referenced zoning by-law application. received June 13, 2005. TRCA staff has had an opportunity to review the subjf3ct application and offers the following comments. Background The subject property is located at 1899 Rock Road, on the east side of Brock Road, south of Kingston Road, in the City of Pickering. It is our understanding that the applicant is interested in amending the zoning to permit a seasonal drive-thru garden centre for outdoor sales and display, to be located in the existing parking lot are of the Walmart site. Applicable Regulations The subject property is partially located within the TRCA's Fill Regulated Area and the Regional Storm Flood Plain of the Duffins Creek Watershed. However, the proposed works are not within the Fill Regulated Area and therefore, a permit is not required for this application. Recommendations In light of the minor nature of this proposal. the TRCA has no objections to the zoning by-law amendment application, as submitted. We trust these comments are of assistance. Should you have any questions, please do not hesitate to contact Susan Robertson at extension 5370. or the undersigned. Iy K usse! ~ enior Planner Planning and Development Extension 5306 RW/sr F:\Home\Public\Development Servlces\Durham Reglon\Plckering\A 13-05 ZBA Walrnart 07-2605.wpd 5 Shoreham Drive, Downsview, Ontario M3Nl S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca ~ . \l!tJ f #_ 8 TO # PO ()/ -ofo ~~ 3s, \. Notice of a Public Meetina to be held Thursdav Auaust 4. 2005 at 7:00 p.m. Pickering Civic Complex - Council Chambers One the Esplanade, Pickering, L 1V 6K7 for the following Planning Applications File Type & Number Zoning Amendment Application - A 13/05 Owner / Applicant Wal-Mart Canada Inc. Property Location Part of Lot 18, Concession 1 (40R-12591, Part 1, & 40R-19801, Parts 3-10) (1899 Brock Road) City of Pickering Proposal To amend the zoning of the subject property to permit a seasonal drive-thru garden centre for outdoor sales and display. Reports Submitted with No reports submitted with application the Application Written Information Information Report available from the office of the City Clerk Available on or after July 29,2005 and at the information Meeting Last Date for Comment August 11th, 2005 Planning Contact Geoff Romanowski, Planner 11 Pickering Official Plan " Mixed Use Areas - Specialty Retailing Node" within the Desianation Village East Neighbourhood" Zoning By-law 3036/00 The property is zoned (H-2) MU-SRN - "Mixed Use - as amended by By-law Specialty Retailing Node". 5511/99 and 6011/02 3/"\ IJp bl" M . N" u IC eetl1g ottce ¡',T; A \'i,i¡V¡¡::NT # 8 TO ""'.....).,.""".."'""-~ # PD_~ DI ~.è(o . ~_.. Page 2 Planning Act Requirements Date of this Notice Fire Department comments Dated: CJ?§:tJ{eatfi Píre Prevention Officer PicÆsring Píre 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. June 10, 2006 The Fire Service has no objections to the applicant's proposal to amend the zoning of the subject property to permit a seasonal drive-thru garden centre for outdoor sales and display, given that all "required/existing fire routes" are maintained clear and free of all obstructions in accordance with the "Ontario Fire Code" and municipal by- laws. Tuesday, June 14, 2005 .J iV" _'" , ¡ .< .-";/~ " CUIf (J~ 3'7 REPORT TO EXECUTIVE COMMITTEE Report Number: PD 15-06 Date: March 27, 2006 From: Neil Carroll Oirector, Planning & Oevelopment Subject: Oisposal of Lands Part of Lot 31, Concession 1, Pickering Part 2, Plan 40R-24050 Sheppard Avenue, Pickering File No. RE0602 Recommendation: A by-law should be enacted to: (a) stop-up and close the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, as public highway; (b) declare the lands described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, surplus to the needs of the Corporation for the purpose of sale to the abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; and (c) authorize the Mayor, City Clerk, Director, Planning & Development and the City Solicitor to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050 and to effect the conveyance of it to the abutting owner for nominal consideration, subject to any required easements. Executive Summary: It has been determined that the subject property known as the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, is no longer required by the City and has been slated for disposal. In this instance, because this property is dedicated as a public highway, the process to stop-up and close it by the City must occur prior to proceeding with its sale. Financial Implications: Advertising, Survey, Legal Fees and Oisbursements Purchaser's Cost ~port PD 15-06 Subject: Disposal of Lands Part 2, 40R-24050 (Sheppard Avenue) Date: March 27, 2006 Page 2 Background: In 1966, the City acquired lands along Sheppard Avenue (approximately 5 metres in width in certain areas and approximately 8 metres in width in other areas) for future road widening purposes. When the ultimate design for Sheppard Avenue was established, the City determined that certain lands were no longer required for road widening purposes and could be reconveyed to the abutting owners, upon their request. In 1978, a reference plan was prepared (40R-4433) detailing the road widening portions that could be stopped-up, closed and reconveyed to the abutting owners. This plan however, inadvertently only detailed the 5 metre widths of land fronting Sheppard Avenue and not the additional 3 metres taken in certain areas. In 1980, Council enacted By-law 1097/80, authorizing the stopping up and closing of the lands described as those parts of Sheppard Avenue, being Parts 42 to 63, 68 to 79 and 87 to 12, Plan 40R-4433, for sale to the abutting owners for nominal consideration ($2.00). As neither Plan 40R-4433 nor By-law 1097/80 detailed, or dealt with, the additional 3 metre strips of land taken for widening purposes in certain areas, the need to go through the process to stop-up and close these portions of land is required as each request for reconveyance is received from the abutting landowners. The City is in receipt of such a request from Charlene and John Gallagher. A reference plan has been prepared which details the 3 metre parcel of land subject of this report (Part 2, Plan 40R-24050) which land lies between the stopped-up portion of land, subject of By-law 1097/80 (Part 72, Plan 40R-4433) and the abutting owner's property (Part 1, Plan 40R-24050). As the subject land is dedicated as public highway, the process to stop-up and close it must be done prior to its reconveyance. The appropriate notice has been published in accordance with the provisions of the Municipal Act and the City's Notification By-law relating to the stopping-up and closing of a highway and there have been no objections to the road closing. A by-law should therefore be enacted to: (a) stop-up and close the portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, as public highway; (b) declare the lands described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, surplus to the needs of the Corporation for the purpose of sale to the abutting owner, in accordance with the provisions of the Municipal Act and the Acquisition and Oisposal of Land Policy subject to any required easements; and Report PD 15-06 Date: March 27, 2006 Subject: Disposal of Lands Part 2, 40R-24050 (Sheppard Avenue) 39 Page 3 (c) authorize the Mayor, City Clerk, Director, Planning & Oevelopment and the City Solicitor to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050 and to effect the conveyance of it to the abutting owner for nominal consideration, subject to any required easements. Attachments: 1. Location Map 2. Draft By-law Prepared By: Approved I Endorsed By: ¡JJ-¥ Denise Bye, Coordinator, Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering ci y Council /' 40 tT!t\GHi,';EN1 # TO ,."'..,, .'.'"' ... - ~ t- ~~ í.o ',' ,.It' ¡ Pi: ~__J~ - u ~ C.N.R. PART 1 40R·24050 PART 2 4 R.24~ !m = """'--PART 72 40R·4433 SHEPPARD AVENUE _·..u -. - \ ~ i -F \ ~ \\ I _._.m City of Pickering Planning & Oevelopment Oepartment PROPERTY DESCRIPTION PART LOT 31, CONCESSION 1 BEING PART 2, 40R-24050 l' OWNER CITY OF PICKERING DATE FEB. 20, 2006 DRAWN BY JB FILE No. STOP UP AND CONVEY A HIGHWAY RE0602 SCALE 1:1000 CHECKED BY DB r,g "gurc..: PN-6 Tel"'cnet Enterpr¡... In~~:nd a. .,,;~¡¡.r.. All riililht. R"..r;::~d. Not 0 ~I~n of aurv.y. :ZOO!50 MPAC Qnd ¡,. au Ii.,... ÁU r¡ his A..erv.ø. Not 0 Ion of SUNe . 1~1 :'i!i'!:"¡ #.._ L TO 15- Qeo THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 41 Being a By-law to stop-u~ described as that part of L Plan 40R-24050, as public highway the abutting owner. that part of Sheppard Avenue . J, Pickering, being Part 2, orize the sale of the land to WHEREAS, pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof; and WHEREAS, Notice of this By-law has been published for two (2) consecutive weeks in compliance with the provisions of the Municipal Act, the Acquisition and Disposal of Land Policy and Public Notification By-Law 6166/03 relating to the closing of a highway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The following portion of highway is hereby stopped-up and closed to both vehicular and pedestrian traffic: · Sheppard Avenue, that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050. 2. That portion of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, is hereby deemed surplus to the needs of the Corporation and shall therefore be offered for sale to the abutting owner, subject to any required easements. 3. The Corporation of the City of Pickering shall ensure that all utility easements over any of the lands described herein are conveyed to the appropriate utility authority for nominal consideration ($2.00). 4. The Mayor, City Clerk, Oirector, Planning & Development and City Solicitor are authorized to obtain all relevant documentation necessary and execute all documentation required to effect the stopping-up and closing of Sheppard Avenue described as that part of Lot 31, Concession 1, Pickering, being Part 2, Plan 40R-24050, Pickering and to effect the conveyance of it. BY-LAW read a first, second and third time and finally passed this 3rd day of April, 2006. ~. Oebi A. Bentl~ Clerk RE0602 4n ,.: CifJ¡ o~ REPORT TO EXECUTIVE COMMITTEE Report Number: PD 22-06 Date: March 27, 2006 From: Neil Carroll Director, Planning & Oevelopment Subject: Zoning By-law Amendment Application A 22/05 1430658 Ontario Inc. 1050 Brock Road, Unit 25 South Part of Lot 19, Concession 1 City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 22/05 be APPROVED, to amend the existing zoning on the subject property to add a body-rub parlour as a permitted use on lands being South Part of Lot 19, Concession 1, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 22/05, as set out in Appendix I to Report PD 22-06, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a change to the zoning by-law to add a body-rub parlour as a permitted use on lands located at the northwest corner of Brock Road and Plummer Street (see Location Map, Attachment #1 ). No exterior alteration to the existing 25-unit multi-tenant commercial/industrial building is proposed to accommodate the requested use (see Applicant's Submitted Site Plan, Attachment #2). The property is located within the boundary of lands defined by Municipal By-law 5764/00 as an area where a body-rub parlour may operate, subject to obtaining zoning approval. The applicant has operated a body-rub parlour from 1163 Kingston Road over the past few years and wishes to relocate to Unit #25 on the subject property. The property owner has provided their consent to this application (see Attachment #3). The proposed use conforms to the Pickering Official Plan. It is recommended that the application be approved and that the draft by-law be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 22-06 Subject: 1430658 Ontario Inc. (A 22/05) Date: March 27,2006 4,,,, . l) Page 2 Background: 1.0 Comments Received 1.1 At the January 19, 2006 Information Meeting (see text of Information Report, Attachment #5 and Meeting Minutes Attachment #6) - the applicant gave a brief overview of the nature of the proposed business; no other comments were received; 1.2 Written Comments Received Before and After the Information Meeting the City received a petition (on January 16, 2006) signed by twelve tenants in the building (1050 Brock Road) and ten other businesses on adjacent properties expressing concern regarding safety, decrease of property value, and negative impact on business (see Business Tenants' Petition, Attachment #7); an objection letter dated January 16, 2006 was received from Oenise Campbell, the owner of Planet Gymnastics at 1755 Plummer Street (see Attachment #8); a second objection letter, dated March 1, 2006, was received from the business tenants in the building at 1050 Brock Road (see Attachment #9); 1.3 Agencies and City Departments Region of Durham Planning Conservation Authority Fire Services Development Control Veridian Connections Municipal Law Enforcement Services Municipal Property & Engineering Durham Regional Police Services - no objection; - no objection; - no objection; - no objection; - no objection; - no objection; no recent complaints against the applicant's previous operation at 1163 Kingston Road (see Attachment #10); - no objection (see Attachment #11); - expressed objection to the application due to proximity of the proposed business to other commercial venues; - stated that "the proposed amendment is contrary to the public interest and adverse to the needs and wishes of the residents of the municipality" (see Attachment #12). 44 Report PD 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 3 2.0 Discussion 2.1 Use and Compatibility 2.1.1 Proposed use conforms to the Pickerinq Official Plan The applicant is proposing to add a body-rub parlour as a permitted use to allow for their proposed business activities including massage therapy, aromatherapy, shiatsu, and reflexology (see Applicant's Submitted Conceptual Floor Plan, Attachment #13). The subject property is designated "Employment Area -Mixed Employment" in the Pickering Official Plan. This designation permits the proposed use to be considered. This proposal conforms to the Pickering Official Plan and the Region of Ourham Official Plan. 2.1.2 Some concerns voiced bv business tenants can be addressed Business tenants on the subject property and on adjacent properties have expressed concern regarding safety, decrease of property value, and negative impact on their business. There are wall-mounted lights on the commercial/industrial building which provide sufficient lighting throughout the site. Although proposed Unit #25 is located at the furthest end of the building, there are unobstructed, fully accessible view corridors for police and people traveling along Brock Road and Plummer Street. Should safety issues or illegal activities occur on-site due to the proposed use, the situation may be addressed through by-law enforcement and policing. 2.1.3 Unit sitinq and provision of ample parkinq should minimize any use impacts The on-site parking supply and site functioning is sufficient to accommodate the proposed use. A total of 123 parking spaces are provided on the lot in compliance with the by-law requirement. The applicant proposes to use a maximum of five spaces for the parking of vehicles for two staff and visitors. A site visit indicated that parking stalls against the west property line were used less frequently than stalls fronting onto Brock Road or Plummer Street. Since the proposed use is not of an intensity that would require significant parking spaces, and as Unit #25 is located at the west limit of the site where parking is less utilized, the existing on-site parking supply is considered sufficient to accommodate the proposed use. City traffic staff does not anticipate any adverse impact on the local traffic (see Attachment #11). The applicant proposes to relocate their business from a location outside of the area allowed by Municipal By-law 5764/00 (Body-Rub Parlour By-law) to a location within the defined area where a body-rub parlour may be considered. The proposed new location is less visible from public streets than the previous store location on Kingston Road. Ourham Regional Police Services has provided comment on body-rub parlours in general, and has not identified any site-specific concerns respecting site function or public safety (see Attachment #12). Report PD 22-06 Date: March 27, 2006 45 Subject: 1430658 Ontario Inc. (A 22/05) Page 4 Unit #25 is located at the rear of the subject property providing a level of separation between the proposed use and the majority of commercial uses on the property fronting Brock Road and Plummer Street. 2.2 Zoning By-law Performance Standards 2.2.1 The proposed bv-Iaw will limit the qross leasable floor area It is recommended that the by-law limit the number of body-rub parlours at this site to one and limit the gross leasable floor area of the body-rub parlour use to a maximum of 150 square metres. These limitations will ensure that the proposed use does not occupy a significant amount of floor space within the building, thus becoming a primary use. Further, the limitations will help maintain a mix of uses on-site. 2.2.2 The proposed bv-Iaw will restrict the location of the unit to the rear The current by-law requires certain permitted uses, such as bakeries, clubs, dry cleaning depots, merchandise service shops, places of assembly, and restaurants to be located in units that front either Plummer Street or Brock Road (see By-law 2760/88, Attachment #14). The intent of the by-law is to allow a broader commercial usage of units fronting public streets. Although a body-rub parlour use is considered a compatible commercial use, it is recommended that the by-law restrict the location of the use to units not fronting onto Plummer Street or Brock Road to avoid potential conflicts in the by-law and to avoid conflict of parking supply (see Oraft By-law, Appendix I). 2.2.3 The existinq bv-Iaw will qovern all other zoninq requirements No further amendments to the current 'MC-T zoning are proposed or required. The current by-law requirements will continue to apply to the property. 2.3 Municipal By-law 5764/00 - Body-Rub Parlours 2.3.1 The proposed body-rub parlour complies with the Municipal Bv-Iaw On October 16, 2000, City Council passed Municipal By-law 5764/00, which provides requirements for the licensing and regulating of body-rub parlours within the City of Pickering. The by-law includes a provision that restricts the location (see Attachment #15) in which body-rub parlours may operate, subject to a zoning by-law amendment application being approved by the City. The subject property is located within the defined area in the City. 1...' 11(' 'fd Report PD 22-06 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 5 At the time of passage of Municipal By-law 5764/00, the City provided existing body-rub parlours a "grandfather status" which permitted the business to obtain a licence even though zoning was not approved. The applicant's body-rub parlour at 1163 Kingston Road held such grandfather status. This special status expired on Oecember 31,2005. Consequently the applicant is requesting rezoning of the subject property to permit relocation of their business. Pickering City Council is presently considering an amendment to the Body-Rub Parlour By-law, including restricting the maximum number of body-rub parlours in the City to three. Currently, there are two legal body-rub parlours operating within the defined area in Pickering, and this rezoning application represents a third (see Body-Rub Parlour Location Map, Attachment #4). The City's Municipal Law Enforcement Services has indicated that based on their recent records, they have no difficulty in approving a licence should this business relocate. 3.0 Applicant's Comments The applicant is aware of the contents of this report, has reviewed the draft zoning by-law, and concurs with the recommendations. APPENDIX: Appendix I: Oraft By-law Attachments: 1 . Location Map 2. Applicant's Submitted Site Plan 3. Authorization from J. M. P. M. Holdings Ltd. c/o Golfour Investment 4. Body-Rub Parlour Location Map 5. Information Report 6. Public Information Meeting Minutes 7. Business Tenants' Petition, received on January 16, 2006 8. Public Comments - Oenise Campbell 9. Business Tenants' Petition, dated March 1,2006 10. Comments from Pickering Municipal Law Enforcement Services 11. Comments from Pickering Municipal Property & Engineering Oepartment 12. Comments from Ourham Regional Police Services 13. Applicant's Submitted Conceptual Floor Plan 14. Zoning By-law 2760/88 15. Municipal Body-Rub Parlour By-law - 5764/00 Schedule B Report PD 22-06 47 Date: March 27, 2006 Subject: 1430658 Ontario Inc. (A 22/05) Page 6 Prepared By: Approved / Endorsed By: Joyce Ye ( Planner I ./ ., :I t/"- JY:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering citY,Çouncil ; I H 4º ..) APPENDIX I TO REPORT PD 22-06 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 22/05 4:1 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 2760/88, to implement the Official Plan of the City of Pickering, Region of Ourham, in South Part of Lot 19, Concession 1, in the City of Pickering. (A 22/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit an additional use being a Body-Rub Parlour, on the subject lands, being South Part of Lot 19, Concession 1, in the City of Pickering. ANO WHEREAS an amendment to By-law 2511, as amended by By-law 2760/88, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT 1. Section 4 OEFINITIONS of By-law 2760/88, is hereby amended by adding the following new Subsections (2) and (3) after Subsection (1), and renumbering after Subsection (3): (2) "Bodv-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, licenced or registered so to do under the laws of the Province of Ontario; (3) "Bodv-Rub Parlour" includes any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licenced or registered so to do under the laws of the Province of Ontario; 2. Section 5 PROVISIONS, Subsection (1) Uses Permitted of By-law 2760/88, is hereby amended by adding the following new Clause (b) after Clause (a) and re-alphabetizing after Clause (b): (b) body-rub parlour; 50 - 2 - 3. Section 5 PROVISIONS, Subsection (2) Zone Requirements, Clause (e) SPECIAL REGULATIONS of By-law 2760/88, is hereby amended by adding the following new Subclauses (viii) and (ix) after Subclause (vii): (viii) No more than one body-rub parlour shall be permitted and the aggregate gross leasable floor area of the body-rub parlour shall not exceed 150 square metres; (ix) A body-rub parlour shall be restricted to those units that do not front either Plummer Street or Brock Road; 2. BY-LAW 2511 By-law 2511, as amended by By-law 2760/88 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. Oefinitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, 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 27th day of March, 2006. ~~" ¡jGo.,"~ >;;'~~":~Ì:l :{: tt~.: ~t" ;!';1" Oebi A. Bentley, City Clerk tTTACHMENT #_ i TO REi'uR1 # PD d·}, . {} l. 5 .~ 1 0:: o o 0:: 0:: o U 40\ r-\ \ G \-\ \J'J p... '< SUBJECT PROPERTY PLUMMER STREET o 0:::: o >- I ~ -' <I: (/) BAYLY STREET o <I: o 0::: W ::J Z W ~ QUARTZ S ~ u o 0::: CD >- o I- BAYLY STREET City of Pickering Planning & Development Oepartment PROPERTY DESCRIPTION SOUTH PART OF LOT 19, CONCESSION 1 OWNER JMPM HOLDINGS LTD. DATE NOV. 3, 2005 DRAWN BY JB FILE No. A 22/05 C C o",,,c..: TOr'enol Enterp"¡... Inc. and iUt .upplier.. All ..iQhta R.a.rlled. Not a pion of .u!"Yay. 2005 MPAC and it. supplier.. All r¡ hts Res.rved. Not 0 pion or Su,.ve . l' SCALE 1 :5000 CHECKED BY JV PN-4 52 ATTACHMENT # ~ TO REPORT II PD d ,':} - () "" INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 22/05 - J.M.P.M. HOLDINGS LTD. SUBJECT UNIT #25 / ELECTFUCAL ROOM rf...· " ..+.:.......---.........- ... .1 ..rìl . ...r:~j~...-_....._- 1,..1.. ~-'t..t t4...: ._~_~_~~~~_~__R ~: .~~.. ~..~~.. ......~:~...~ ~. PLUMMER STREET C <C o ~ ~ U o ~ CO ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES nlVISION MAPPING AND DESIGN, NOVEMBER 2, 2005. to'd ltllOl .; ".., /'/'r'! "','·11 # . 3,· . t-- . . ~'!"; .... ,;;..'...-", . .,_~--...._,_ ! \} . Pl.~?<,;2~:..º{>. 53 ..-..... EOOLFOUR I I 1 ', ') . I I 1 , 1'1 Gee tltn'fQ~ $freel, surra One, M.~m, Ontario La" 11J9 ~r (9OIi "71J-501r.! (41f) ",",5DS2 . f'IIx (805) 4·lfJo.l2œ$4 October 5, 2005 Via facsimile 416-499·2389 Ms. Ying Wang 1430658 Qntarîo Inc, oln Pickering Spa clo Mertins Architects 10 whom it may ooncem. ReI 1050 Brock Road, Unit 25, Pickering, Ontario (the Premises) 1ñI!lletter wiU serve as the own~r.!l eonsent for the 14306S8 Ontario Inc,; ola PÎQkerln,g Spa to apply for an amendment to the zoning by-law to add "Body Rl,lbt' to the list ofpennitted uses Should you have an)" questionsJ please do not hesitate to call our offices, ',,-,' Yours truly. Golfour Property Sel'\'ices Inc, . ~. ,;0/'J;0'd v9GG 6¿v S06 8~:8Ø SØØ~-9Ø-~~O ~ II I \ I L-J lì;::;o'" ",,'111111111111111111111;; ~ \! 11f::::;: ,"-- I ----;:~""""" w_w___ A. '-- II ~ ~~,,"'," ~-- h-¿ )'~~'--"- -::.;1 "~"~I"~ ? UI~~ I ~~, ;",,'~ V ~~~"""~ ~ ~ ~"""".... ~ '\ ?~~-~! '- 01/P.6~) - ¡ .Jß. 8~ 5 o~tar1 L~:..! ì F CL \ I!L J bpokedi :- ~ ~2~~ I" I i Mill . I r - P~R C I ..,,, """ "\ ..,,, --'-' - E 't" r T"\" I -1 = i II \.-l-- \ ë ~ I ,,\ æ P NGA ~ :;;¡I~ æ BY. A~r~m- ~ æ r ApIJ rc ved '-- Y: t~ I ë -=- [>c ",P/CKERIN ; AN(3 E'LS ! Expansion Propos 9d - = - - - - - - - - ~ City of Pickering PROPERTY DESCRIPTION VARIES OWNER N/A FILE No. A 01/06 5/1 11:/ :! == I / ;jjjIf / I ~ f8:Ii t- I=~ oom ~ JD ~Cf ./ LI ATTACHMENT I If TO ""·-''''''1 # PO ,;¿,;). - 0 / rí.C"'\)t'!·. _____~_~.. \n .""" "~"-- .~-~-~ '\ -J\ \. I - ~ ~ I I I f-- I ~ ~ ~ ~II ~ f----- Þ , y iiM STOCRA rs J \J Ä¡;þjtE i 5 'C} 1 , 4 i!' , J : : · DEFINEB!AREA WHE 0 RUB I PARLO SMAYBEc ED AME DMENT APPLlcA N " ----------------~-------- --n---n----mTfn----- ill § I :: § c::: " ~ :: E " Planning & Development Department """"" ..... ..... - - . æ - - - - æ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !!!! '--- - - --., I I-- - DATE: MAR. 7, 2006 DRAWN BY JB SCALE: N.T.S CHECKED BY JV l' Q!.o ::lour-c..: Teron.t Enterpria.. Inc. ond ita supplier.. All rights Re..~ed. Not 0 pion of Burvey. 2005 MPAC ond it. .~PPliers. All riÓht. Rese~.d. Not a alan of Surve,;. PN-4 ATTACHMENT I 5 TO REPOR1 II PO ¡;l.~ .... () b 5"'~ :J Calf o~ INFORMATION REPORT NO. 24-05 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 22/05 1430658 Ontario Inc. 1050 Brock Road, Unit 25 South Part of Lot 19, Concession 1 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 1.2 hectares in size, and located at the northwest corner of Brock Road and Plummer Street (see Attachment #1 - Location Map); - the subject property currently supports a 25 unit multi-tenant commercial/industrial building, with existing uses such as, restaurants, business offices, warehouse, light manufacturing plant, merchandise service shop, commercial club, etc; - the subject land is surrounded by commercial and industrial uses. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning on the subject property to add body rub parlour as a permitted use; - this use is proposed to occupy Unit #25 within the existing building (see Attachment #2 - Site Plan); - total gross floor area of the entire building is approximately 4,590 square metres, while Unit #25 consumes approximately 83 square metres of the floor area (see Attachment #3 - Floor Plan); - the applicant proposes to relocate their existing operation at 1163 Kingston Road to the subject property in order to renew their Body Rub Parlour license. 5 ~;. Information Report No. 24-05 ¡II 5 "f' , ^_,O. ~....._.....;___ ~ \.; ", "') ") -0 to t L,~ cr_,_.&'l.~__. Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham ReÇlional Official Plan - the Durham Regional Official Plan identifies the subject land as being within an "Urban Areas - Employment Area" designation, where development is intended to be predominately for employment purposes; limited personal service uses are permitted under this designation; - the applicant's proposal appears to conform with this designation; 3.2 PickerinÇl Official Plan the subject property is designated "Mixed Employment" within the Brock Industrial Neighbourhood and its detailed review area; - this designation allows for "limited personal service uses serving the area;" Brock Road is a Type A Arterial Road, which is the highest order arterial road designed to carry large volumes of traffic; Plummer Street is designated as a Local Road, which is to provide access to individual properties and carry local traffic; the applicant's proposal conforms to the applicable Official Plan policies; 3.3 ZoninÇl By-law 2511 the subject property is currently zoned "MC-7" - Industrial - Commercial Zone by Zoning By-law 2511, as amended by By-law 2760/88; MC-7 zoning allows a variety of commercial and industrial uses, but currently does not allow the use of a body rub parlour; an amendment to the zoning by-law is required to add the proposed use to the existing zoning; 3.4 Municipal By-law PertaininÇl to Bodv Rub Parlour on October 16, 2000, City Council passed Municipal By-law No. 5764/00, which provides requirements for the licensing and regulation of body rub parlours within the City of Pickering; this by-law includes a provision defining the areas (see Attachment #4 - Schedule "B" to By-law 5764/00) where body rub parlours may be considered to operate, subject to a zoning by-law amendment application to permit the use; a "Body Rub" includes the kneading, manipulating, rubbing, massaging, touching, or stimulating, by any means, of a person's body or part thereof but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; - the proposed use falls under the definition of a "Body Rub" and the subject property falls within the defined area where body rub parlours can be considered. Information Report No. 24-05 ATTACHMENT" 5' TO FF ;{¡Rl # PD ..ilø...:: q..6...... ." 5 ';¡ Page 3 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no resident comments have been received to date; 4.2 AQencv Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the application to date, planning staff has identified the following matters for further review and considerations: · evaluate the compatibility of the proposed use within the commercial/industrial building and with the surrounding uses; · assess the current parking supply on-site and examine the potential effects that this proposed use may have on the parking supply; · determine whether or not floor-space limitations for the proposed use should be included in any zoning by-law; this Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies and the public. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Oevelopment Oepartment; 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 Oepartment 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. 5:"i Information Report No. 24-05 !5' ." ~ ¿.;. ,;) - (.? (..~ Page 4 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 - copies of the applicant's submitted plan are available for viewing at the offices of the City of Pickering Planning & Oevelopment Oepartment; 6.3 Property Principal - the owner of 1050 Brock Road is J. M. P. M. Holdings Ltd.; - the agent of this application is Louis Cheung. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Joyce Yeh Planner I Lynda Taylor, MCIP, RPP Manager, Oevelopment Review JY:jf Attachments Copy: Oirector, Planning & Oevelopment 5q "."" AnACHMENT ,~ 5" 10 REPORT # PD .,;J ~ - () (.. APPENDIX NO. I TO INFORMATION REPORT NO. 24-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1 ) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date C 1~;, .~ ITi Þ.CH":.iH # 6 TO i{)'Jr11 f/ PD ;;,,~ -0 (~ _.~ Excerpts from 2. ZONING BY-LAW AMENDMENT APPLICATION A 22/05 1430658 ONTARIO INe. 1050 BROCK ROAD, UNIT 25 SOUTH PART OF LOT 19, CONCESSION 1 CITY OF PICKERING 1. Planner Comments Joyce Yeh, Planner I outlined the application. She advised that to date the City had received a petition signed by 12 business owners within the subject property and 10 business owners south of the subject property, expressing concerns with safety, crime and property values. 2. Applicant Comments The applicant provided a history of massage and the need for such services for mental health. Advised that under the name Pickering Spa the premises is being used as a massage or spa parlour, they do not conduct business outside hours and they serve men, women and children. 3. Comments from Members of the Public No comments from members of the public. Page 1 CORP0228-2/02 ~)'~...".o:.=""';:.;''''''''' ~'''¡''''''''~'~'''·''''''''''''';'''7.t..""""".",."-~......,..-"~-,;.,,,,,,-<~,''4J ! ~ I ! , 611 I ~ f~ )(10E 1 I ' ',,' ,. ..-,) vi ff (;~~r··( f)F rJ~ç;~t{EFt!f\šCJ ~ r:'L/\hif-,'!;i\IG /'.i'JD ¡; Objection to amend the existing zoning on the subject lands tol"3ilii:;::;:2'~';:::~~!:':.:~~.~.::¡::::~;:,i"E~L",j "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 H '1 f '7¡:. . t·_._.._.,_ ~j ¡ Pú___6.?~·t.J_.~". To: Mayor David Ryan And Members of Council Ms. Debi A. Bentley, City Clerk Ms. Lynda Taylor, Manager, Development Review Ms. Joyce Yeh, Planner I Re: Zoning By-law Amendment - A 22/05 The petition is signed by 99% of 1050 Brock Rd. (only because one business owner was not available). Please note that units 13, 16, 20 and 21 are vacant. We also had a chance to collect signatures from the neighbouring plaza at 1020 Brock Rd. and everyone is disturbed by the fact that the City is even considering this location for a potential body- rub parlour. For some reason none of us received information letters about the public meeting noting that one meeting was cancelled due to the weather condition back in December 2005 and another upcoming meeting in January 2006. During the course of petition to object the rezoning of unit #25 to allow for body-rub parlour we spoke to the property landlord Mr. Andy Zrnic and we were informed that the applicant claimed to be opening up a day spa (beautification and shiatsu). If it was a day spa would one have to go through the rezoning process? From our perspective it is misleading information and it should not be accepted by the City of Pickering. Please do not allow for this body-rub parlour to open up at 1050 Brock Rd. These kinds of establishments should be kept in the industrial area far away from children and families. Yours truly, Business owners of 1050 Brock Rd. ~; () i~ J\TTACHME~IT Ii '7 TO I! PC'.. ,;1~;J . c) ~. ~"o""--._~..""w,,·..".. f. r' ç~ (.! l\. ¡\t .'~ '~J (~~TV' ()F' Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 To: Mayor David Ryan And Members of Council Ms. Debi A. Bentley, City Clerk Ms. Joyce Yeh, Planner I One The Esplanade Pickering, !)ntario L 1 V 6K7 Re: Zoning By-law Amendment - A 22/05 The following signatures represent the tenants, owners or local businesses of the above location that object to the amendment of the zoning at 1050 Brock Rd., Pickering. The issue of having "body rub parlour" amongst us brings up a number of concerns: - Negative impact on the real property values in the area. - Late hours of operation will create situation for increased crime, and this is associated with the higher insurance rates. - Personal safety and safety of our businesses will be compromised upon "body rub parlour" entering this location. Such establishment should be located strictly in the industrial area, with no exposure to the general public. - The parking capacity is already at its maximum and having this type of "business" coming to our plaza will generate serious problems with the parking availability. - This site is not conducive to such zoning due to increased security requirements to protect the other tenants and businesses. We believe that changing the use will change the feeling of the area. It is not in the public good to allow "body rub parlour" to operate beside us. With all our concerns we ask you to not allow such a business to operate here at 1050 Brock Rd., Pickering. Please see the following pages for the names and signatures: , Ìi_..Z.,......."L I ], ....2. ;;l...:..g..b. 6/) J Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 Business Name 1050 Brock Name Signature Rd. Unit # 14~ 6 (rr1~0 rfþfí Ann ~(éÒn:s ~ fVt IcHJrGZ- :J A@JSCH 1 HPrH/¡) - l<¡..tu /-WI ß~~ A2Ae.\) ,¿ HIT/--I 1$LA ~ j) k':y ~'~. ~ Lol,(,(.. V....~oL ,^o~9-~~ L~"f ~ u;/ 2- 2- .--2- t, ,Act tv 1M ~. DSG1 ÄDiLil4N q~(\fNlJÇ6 &.~tJICS 3 ,17~ t;¡/t Í- I rl ~ J~ .~ t:»H t---t 51 \\ Ù '^" 0.) , 0 . ? c:l~ 'A AD;A'~ C6 Po;"2 tq ¡y¡ PPLh.J . A~rs 'Çlfe(ox e- 17 f. Iß 'f\ 'Kí2£LL LA f1<A.Jr<, ~~ . ~c~ ~J.,D-S' a~! MT/.\CHMEI\!T #_7 _TO RU'Orn II PO ¿;? ¡;;2 - () ,~ Objection to amend the existing zoning on the subject lands to add "body rub parlour" as a permitted use at 1050 Brock Rd. Unit # 25 Business Name CO"..,. ftJ..../ ""AGE ~~CH Kf I e.lî E t-\S ¢NÍé L f1 !2d;:~, L e. or¡ lL ttoP f9v h //s 1j "ð Address & Unit # Name 1020 gteOCf( 1J5 I ()QQ Ö(Ý~ ~6' /02 tíJ,.1 .a.ça::K ~ \ I()0ð' t!>ocl ~ð =#:/ð/o '\" '"o"'b CX~ ~. /0 ~ t ó/Pl;c/( I(j ~ /bOY Signature f<oG Ef.. [¡le,.,j!:?61 r~~ ~£ fiìk:¡r,'n-;J ---- 41<?- /O¿o ~ e.i. S- f -raRAI~~ßG' L\,h,t ¡.- 1- L! ÆJ~ ¡¡Sf/" p~ IJ~~ .J/. ~ ~'C:\ Ii.- CJ i3> E ¡e'r ¡d 1'- L-..) r .s (: 'f fi.",. J i ,_.^ .' (07-0 D/l.f)O'- \P' V1{vr.J~,1~ "L )¡...Ií Þt::>ô '- . 'ì~ IlSS- f.IUl1I+t~TSf. f:!JY~nqlfc; \.t1\1+ 4\=: 8 ~?'~I' ;J)~æ {Jju,¡pbefi ~.~.~.~. ~d~~~GRINO Ml~;~~ .~"'/ '!,¡ . Vlth'() po,,' " Jòñ"- j~~t:~ (.I., """,.., edupli( ,¡líl)l1 rEI 905-837-9208 rOf~ 416-410-5871 TOLL 888-522-8835 rI,X 905-837-9204 ·tr.lIhf¡'r.:. .\r(j,-·o prod!( Iltllh www.avtelmedia.com C'm;'JiI. tlt'd' ,I'. Idnil'di,U om 1020 Brock Road South, Unit 1008 . PicKering. ON L IW 3ft2 Of ,-OMORROW'S AN.,., vJ-'r- IQ{¡~ t::J~ <tH. \II THE FURNITURE STORE THAT SAYS ¡YES I SOFAS - YES LEATHER - YES MATTRESSES - YES CHANGE THE SIZE - YES PICK A COLOUR - YES BOB MOWFORTH SOUTHERN ONTARIO'S LARGEST SOLID WOOD SHOWROOM 1020 Brock Road South, Units 1-4, Pickering, Ontario L 1W 3H2 Tel: (905) 831-9846 Tor. Line: (416) 282-0258 Fax: (416) 282-5970 www.solidwood.ca 65 7 ,;<...2 - (J ,6, i)TTI\GH!\':PJT fl .- 1\t'ONARCH KITCHEN & BATH CENTRE KEVIN SAMSON kevin@mkbi.com 1020 Brock Road, #6 T 905.686.2001 Pickering, Ontario F 905.420.5926 Canada llW 3H2 www.mkbi.com ....-.. - --..-.-, ..-.........-...-..... l êho;ra a;( d 1P 1..1.b d j S Ira 1f;¡ 9 Inc. John Leonard Publisher 1020 Brock Road South Suite, 1010 Pickering, Ontario. L1W 3H2 Phone: (905) 837-7599 Fax: (905) 837-9204 www.leonardpublishing.com email: john@leonardpublishing.com ~ J~_ (¡ ~ !:JutltalH !:JaHte CeHtteJHt" 1155 Riummer Street Unit·" 12. 13 & 14, - Pickering. Ontario L1W.3S1 - _... ___. .,.... ._..__._ ,. _,_,.. ,.___ ......,.. _~. ..._ .._._ ~.._._,~ "'_'-0 __.... _,' Tammy Roberts President & Artistic DirectOr R.A.D., D.M.A., A.D.A.P.T. ROB:E~T :QJLLS & ASSOCIA.TES T~': (b05) 831-2528 Fax: (905) 831-1688 · IN.COME TAX -TAX PLA.NNING ¡,·S~LI;.,~USINESS IJOOKKEEPING Robért Q:ìIls 1020 Brock Road Ste. í004, .Piékedng, Ontario . LlW3H2 Tel: 905-831-1028 Toll Free 1~800-632-8215 Fax: 905-831-0333 . 0·........ .._A.·._~... _. m,. Be) Dean Leeder Pickering Service Manager DeWALT Factory Service 1050 Brock Road Pickering, Ontario L1 W 3X4 t 905.421.9784 f 905.421.9435 pkrmgr@bdk.com ..-..,...,---.---... IGHT LINE "$HEltMAN'$ WAltEHOU$E PETER & JOHN nRUMOS Live Bait & Tackle Tel. (905) 837-Q544 1050 Brock Rd. S. lJjJit #4 Pickering, ant. L1W3l¡¡' Open 7 days a week Jennifer Buffett 1050 Brock Road. Unil 22-24 Pickering, Ontario II W 3X4 The Local hhausl & Venlilalion Company Inc. lei 905.831.7001 x104 fax 905.831.7443 email ;ennlferbuffett@lev-co.com www.lev-cO.com ....-...,...--..-..-..-..............,.......... Amanda Domes 5'~Vt" C ') !Il amusements "- --" Silver Coin Amusements SALES AND RENTALS tel: 905. 837 . 7799 E: silvercoin@rogers.com 1050 Brock Rd. Unit 11, Pickering ON L 1 W 3X4 1400 Squires Beach Rd. Pickering. ON L 1W 4B9 www.s/ol-machines.ca ----..-.--------.'-"--- --; .,;1 ,;¡..- c (,. COMPUTER FACTORY OUTLET FULL SERVICE· UPGRADES. "II1RUS CHECKS ALL MAKES AND' MODELS \ D.S. G.· ~. ELECTRONICS ADBlðt)¡ GE;NNUSO 905.25,0.0174 /~--+'- W~W:bSGELE~TRONICS.CÖ¡;¡,:,,· !'U¡i!!YA!U~ ~~ "u..rfi4a.A.H.R:~rQ~_ I ,~ .\__ '\" " ÛUi!e8 . 1050 Brock Rd., Unit 5 Pickering, ON LIW 3X4 Tel & Fax: (905) 421-9550 300 Kingston Rd.. Unit 18 Pickering, ON LI V 6Z9 Tel & Fax: (905) 509-5578 www.curvesinternational.com PEDAL e~U PERFORMANCE BIKE SHOP .2~ .Sew.tu ·S~ I' .com Azard Khan PICKERING 1050 Brock Rd. S.. Unit # 9 Pickering, ON Ll W 3X4 Tel: (90S) 837·2906 Fax: (90S) 837-5653 WOODBRIDGE 8633 Weston Road Unil#2&3 Woodbridge, ON L4L 9R6 Tel: (90S) 850-4099 e-mail: bikes@pedalperfonnance.com .1I..oj ,;!or')!"I.>~ ~t' ·"~il~.·.~,.]. ,~ ii1 =- .~"=- ¡¡ Ii It ,5r') 'to:! ¡ "to:! ~ e:,' ~¡¡:S': å 5. ! g ,- i ~!~, i;' =-i, , .1:". ,'~ ii1 r: 1J1I" P;;' ~ ~ ,-. ':";";:?t,:,',o;' !'. ' ....-. - ~' /-. 11 .~~.,º. T"" Tn r<:;J0H~. :¡;; ~''i.}''H",/?;2c':':,,~? ~ . 67 RECEIVED CITY OF PICKERING j~j 2 D 2006 ;crrv OF ..._. .~:' --,\""\.'~~d'T PL:~;'\ÌN;NG &. L'i::'f>='_:::r':'Ic:o-.' C' ~ðK'S DEP:Ò\FrriVH::'\,' Wõ:n· DIVISION ..; iij ,":'1 January 16, 2006 The Corporation of the City of Pickering To Whom It May Concern: My name is Denise Campbell, and I am the Owner of Planet Gymnastics located at 1755 Plummer Stunit #8. I find it very repulsive that the City considers BODY RUB PARLOUR to open at 1050 Brock Rd. just across from my facility. It has taken 5 years and a lot of dedicated hours to grow the business to where it is today. It would be very disrespectful for children and teenagers that frequent my facility if the massage parlour opened up right across the street. I beg you to not allow such business to operate in this family oriented plaza. Regards, ~}~¿--- Denise Campbell Planet GymnÇ1stics -..... "ti=;j"¡< ~" iiu'~1Ä.·,-~·';::¡i:s. 11 I! . 63 :,! c¡ ìU if PO ,;¡:;¡-:-;,~ ~____ ¡O~~":i ln~: \1 ¡VißR ;J':' GiTY OF PìCKEFm\JG PLANNING ~< DEVELOPMENT DEPARTMENT March 1, 2006 To: Mayor David Ryan and Honourable Members of Council Ms. Debi A. Bentley, City Clerk Ms. Lynda Taylor, Manager, Development Review Ms. .Joyce Yeh, Planner I Re: Body Rub Parlour at 1050 Brock Rd. #25 Zoning By-law Amendment Application A22/05 When it became obvious what kind of business is corning to Unit #25, we were told by Planning Department that we can write a petition objecting the opening of the body rub parlour. The petition has been signed by 99% of our plaza occupants (12 business owners, since some of us are occupying multiple units) and we do not know what else we can do to prevent this business from becoming a focal point of our family oriented complex. Having a bar - "Island Mix" as part of our plaza is already causing us big headache, especially after the recent shootings in front of the building. Adding a body rub parlour will only intensify the unnecessary disturbances to us and our customers. We all know that Unit #25 will be a house of ill repute from the reputation they had at their previous location (1163 Kingston Rd., Unit 9, also known as "Pickering Spa"). By reviewing the Minutes from Statutory Public Information Meeting on January 19,2006 regarding Zoning By-law Amendment (A22/05) it is clear that the public is being mislead by the applicant who advised that the establishment will provide services for mental health, serving men, women and children. This does not make any sense to us since body rub parlour is considered an adult entertainment, and that is what they are applying to be rezoned for. The applicant has already lied to our property landlord, Mr. Andy Zrnick, claiming that it will be a day spa (beautification and shiatsu). If it was a day spa, why would one have to obtain the rezoning? It got to our attention that back in August 2004 they unsuccessfully tried to get rezoning for body rub parlour at 860 Brock Rd. using lies and the same misleading information methods, so it just shows who we are dealing with. Please hear our concerns and do not approve this application. If you must allow these places in Pickering why not locate them in the industrial area, away from children and families. Sincerely, Business Owners and tenants of 1050 Brock Rd., Pickering. Page 1 of 2 .../0 ,;}.;¿ - ob 69 Yeh,Joyce From: Thompson, Kim D. Sent: February 14, 2006 11 :30 AM To: Yeh, Joyce Subject: RE: A22/05 Body Rub Rezoning at 1050 Brock Road Joyce, as we discussed, I have not had any recent issues with Pickering Spa. There have been previous charges regarding attendants working without licences. There have also been complaints regarding activity occurring behind the unit and late night customers. At this point, I have no formal issues with the operation of Pickering Spa. Should they re-Iocate into thf} appropriate area I would not any difficulty in approving a new licence. -----Original Message----- From: Yeh, Joyce Sent: February 8, 2006 10:04 AM To: Thompson, Kim D. Subject: RE: A22/0S Body Rub Rezoning at 1050 Brock Road Louis K.C Cheung applied on behalf of 1430658 Ontario Inc. (Judy Wang Ying). Judy Wang Ying was operating Pickering Spa at 1163 Kingston Road. They have submitted an information booklet explaining their business proposal. Please let me know if you need a copy. Thanks, Joyce -----Original Message----- From: Thompson, Kim D. Sent: February 8, 2006 9:42 AM To: Yeh, Joyce Subject: RE: A22/0S Body Rub Rezoning at 1050 Brock Road Joyce, who is the applicant? Thanks -----Original Message----- From: Yeh, Joyce Sent: Wednesday, February 08,20069:12 AM To: Thompson, Kim D. Subject: A22/0S Body Rub Rezoning at 1050 Brock Road Hi Kim, I am working on the recommendation report for this rezoning application- A22/05 proposing to add a body rub parlour as a permitted use to 1050 Brock Road. Geoff suggested me that as part of the review process, I should get information from By-law Enforcement and Regional Police to see if you guys have any concern with this particular business or this type of business in the past? Any complaints received? Any record of violation of laws? Do you have any concerns? I would appreciate it a lot if you can e-mail me back or simply give me a call. Thank you very much! Joyce Yeh Planner I 14/02/2006 1';'1 .~, 4' U ff _!.I.__ TO " P· D 9,·-'") ." () &. 1'1 .,_~,__,,,.... Page 1 of 1 Yeh,Joyce From: Matloob, Shahid Sent: March 7, 200610:12 AM To: Yeh, Joyce Subject: RE: Zoning Bylaw Amendment Application A22/05 Dear Joyce, The traffic generated by the proposed body rub parlour would not effect the surrounding street network. Please do not hesitate to contact me if you need additional information. Shahid Matloob DURHRM REGIONRL POLICE Fax:9056832140 Mar 8 2006 12:14 IdJ , '\: .;l,;ì - 0 (ç~ P.02 DURHAM REGIONAL POLICE SERVICE 7.r I. 77 CENTRE ST. NORTH, OSHAWA, ONTARIO LlG 487 Oshawa (905) 579-1520 1-888-579-1520 Toronto (905) 683·9100 Fax (905) 579-2273 · Vern White - Chief Qf Police · C. Mercier - Deputy Chief - Admlnis~tiQn · R. Piukk..lla _ Dèþuty Chief _ Operations Februmy 23~ 2006 City of Pickering Ms. Joyce Yeh - Planner Pla:iming & Developm.ent Department Pickering Civic Complex One The Esplanade Pickering, ON~ LIV 6K7 Dear Ms. Yeh: Subject: Zoning Amendment Application A 22/05 1430658 Ontario Inc. l050 Brock Road, Unit 25 (South Part of Lot 19, Concession 1) City of Pickering ,~ The City ,of Pickering have given notice to the Durham Regional Police Service that the entity known as 1430658 Ontario Inc. have subnútted an application to amend the provisions of the City of Pickering - Zoning By-Law. The det.a.ils of the application are enunciated in Zoning Amendment Application A 22/05. We are writing to make objection to the application and :indicate the position of this Police Service as follows: The Durham Regional Police Service submit tha.t the zoning designation relating to the property location known municipally as 1050 Brock Roa~ Unit 25. Pickering, Ontario should not be amended to add a body rub parlour as a permitted use. The Durham Regional Police verily' believe that the proposed amendment is contraIy to the public interest and adverse to the needs and wish of the residents of the municipality in which the premises are located. The proximity of the proposed business to other commercial venues would be abhorrent to the tone and category of premises in the surrounding area. and community. , , Our Police Service are prepared to make oral submissions~ if required, at a public meeting if one should be called by the City. '-- 7,) {..", 2.7m OFFICE Tm ¡RECEPTION I AREA 3.0m 1 . , rOo .,. '[ r "f fI /:.1 ~ 'I, '__C',':" ", f I.... ,o-,-.:! 1.'.,......\, Þ _...._ ...,.~-..........."'''"''' : ",è" 'i ¡.:'JD¡ ;)-:1 ·C.l ~ ¡t", v! ;. Ii .. ._.\'...,'.........,."i2...........',..~H .".~ INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 22/05 - J.M.P.M. HOLDINGS LTD. -~- ~ oil 3.3m ... 3.3m ~ 3.3m TREATMENT ROOM 3 TREATMENT ROOM 1 TREATMENT ROOM 2 T ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN. NOVEMBER 21 , 2005. I'l , L2,2,:£.¡,~Þ , THE CORPOR.ATION OF THE TOWN OF PICKERING BY-LAW NUMBER 22§O/88 Being a By-law to amend Restricted Area (Zoning) By-law 2.511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Concession 1, in the Town of Pickering. (A 46/87; OPA 87-48/P) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to permit the development of certain industrial and commercial uses on p¡;¡rt of Lot 19, Concession 1, in the Town of Pickering; il Ii Ii ii ,I :¡ d 'I " II II Ii !/ i! " AND WHEREAS an amendment to By-law 2.511, as amended, is therefore deemed necessary; NOW .THEREFORE THE COUNCIL OF THE CORPORA nON OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: . I. SCHEDULES I AND II Schedule I and II 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 19, Concession I, Pickering, designated "MC-7" 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. , II '! q 4. DEFINITIONS In this By-law, (I) "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 of fered for retail sale; (2) "Body Shop" shall mean an establishment engaged in repairing or painting vehicle bodies; " (3) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or" theatres, but shall not include a retail store; ., i I 'i ,I i ¡ i i I' ,I :1 i I I I ¡ I i (4 ) "Commercial Club" shall mean an athletic, recreational or social club operated for gain or profit and having public or private membership; (.5) "Commercial-Recrea tional Establishment" shall mean a commercial establishment in which indoor recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools and other similar indoor recreation facilities are provided and o'peratedfor gain or profit, and which may include an arena or a stadium but shall' not include a place of amusement or entertainment as defined herein; (6) "Dry Cleaning De10t" shall mean a building or part of a building used for the purpose of receiving arttc es, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing art ic [es, goods or fabrics which ha ve been subjected to any such processes; it 73 'I ii II I, I I , I Ii I' II ,¡ ,I I I ! I :1 :1 Ii ; ,I I !I :1 il i I :j " i II I (j) :¡ 'I (ij) ., Ii II Oii) 11 (i v) .1 I (v) , ' 7 t " 'i II I, 'I II II 11 ;¡ 'I " [I !I :1 , II II II !¡ !I I! /if iT' ,.d iL....i2J;;::..w., - 2 - (7) "Dry Cleaning Establishment" shall mean a building or part of a building used for dry cleaning and related processes but does not include a laundromat; I Ii II Ii " " ,¡ I' ~ I 'I (8) (a) "Floor Area" shal1 mean the aggregate of the floor areas of all storeys above or below established grade, but shall exclude the floor area of any parts of the building used for mechanical equipment, stairwells, elevators, and any part of the building below established grade other than that used for retail commercial or office purposes; . (b) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (9) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, bake.d, mixed, ;::>ackaged or otherwise prepared for distribution to retail or institutional outlets; (IO) "Games Arcade" shall mean any building, room or area in which are offered facili ties for the play of: (a) three or more games of chance; (b) three or more games of mixed chance and skill, or (c) a combination of three or more games of chance and games of mixed chance and skill; for the amusement of the public, which games are not contrary to the Criminal Code of Canada, but does not include premises in which the only amusement facilities offered are pool tables, billiard tables or bowling alleys; (I I) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structures, ora public park or open space area, regardless of whether or not such lot consti tutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (2) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (13) (a) "Manufacturing 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, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (b) "Light Manufacturing Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibres; printing or duplicating; the manufacture of finished paper other than processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or the manufaçture 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; !i ;¡ i) il 'I it II 'I Ii , IÎ ! II " ;¡ ,I ;¡ II i ì II I I' , Ii " " !I ,I ! I, II 'I ,I 'I I' II II ;¡ , , /'1 e;?,:;J (;) b - 3 - I II :1 II II ii I, II ,. Ii ;¡ :¡ ¡, 'I (l1~) "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; (15) "Place of Amusement or Entertainment" shall mean a building in which faci Ii ties art. provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, or a theatre, but shaH not include a games arcade; (16) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educa tional, poli tical, recrea tional, reI igious, or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment; (7) "Private Club" shall mean an athletic, recreational or social club not operated for gain or profit and having private membership; (18) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an archi teet, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time to time, or any Successor thereto; (19) "Public Club" shall mean an athletic, recreational or social club no t opera ted for gain or profit and having public membership; (20) "Restaurant-Type A" shall mean a building or part of a building where food i' prepared and offered or kept for retail sale to the public for immediate consumptio, on the premises or off the premises, or both on and off the premises; (21) "Retail Store" shall mean a buildil"g or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and 'offered for retail sale to the public; (22) "Sales Outlet" shall mean a building or part of a building accessory to a light manufacturing plant, a merchandise service shop, a food preparation plant 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; (23) "Scientific, Research or Medical Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, and where drugs, chemic'als, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (24) "Vehicle Repair Shop" shall mean an establishment containing facilities for the. repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and ,vehicle maintenance and repair operations are performed in return for remuneration, but shall not include a body shop or any establishment engaged in the ret'ail sale of vehicle fuels; (25) "Vehicle Sales Shop" shall mean an establishment in which vehicles are displayed fo sale, sold or both; (26) "Warehouse" shall mean a building or p:irt of a building which is used 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 fu'el storage tank except as an accessory use; (27) ~ shall mean an area of land which is appurtenant to and loca ted on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; 75 " 7Ùl I II II Ii II I II I II :1 'I !i " 'I I, :, I ¡Í :1 Ii II il 'I :1 !! :1 il II II i :j II II 'I il :1 I I I I i iI :¡ II !I ;, :1 ¡i d I, I I . I 'I I~' .~.:~_':::~~,~ .' - 4 - 5. PROVISIONS (I) Uses Permitted ("MC-7" Zone) No person shall within the lands designated "MC-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (a) bakery (b) business office (c) commercial club (d) commercial-recreational establishment (e) dry cleaning depot, subject to the provisions of section 5(Z)(e)(vij) (f) dry cleaning establishment (g) food preparation plant (h) light manufacturing plant (i) merchandise service shop OJ place of assembly (k) private dub (I) professional office (m) public club (n) restaurant, type A, subject to the provisions of section 5(Z)(e)(iij) (0) sales outlet, subject to the provisions of section 5(Z)(e)(vi) (p) scientific, research or medicõ: laboratory (q) vehicle repair shop (r) vehicle sales shop (s) warehouse (2) Zone Requirements ("MC-7" Zone) No person shall within the lands designated "MC-7" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) SETBACK REQUIREMENTS (minimum): as illustrated on Schedule [ attached hereto (b) BUILDING HEIGHT (maximum): 12 metres (c) OPEN STORAGE: all uses, other than parking, shall take place entirely within enclosed buildings or structures with no outside storage or display (d) PARKING REQUIREMENTS: (i) For the purpose of this clause "parking space" shall mean a useable and accessible area of not less than 2.6 metres in width and not less than 5.3 metres in length, for the temporary parking of a vehicle, but shall not include any portion of a parking aisle or driveway; OJ) There shall be provided and maintained on the subject lands a minimum of: A 4.5 spaces per 100 square metres gross leasable floor area for the first 465 square metres; and ß 3.6 spaces per 100 square metres gross leasable floor area for the next 465 square metres; and C 2.2 spaces per JOO square metres gross leasable floor area for the next 465 square metres; and D 2.4 spaces per 100 square metres gross leasable floor area for the next 5,110 square metres; less E 10 percent of the number of parking spaces required under A,ß,C and D above; i'/ ;;ì:;¿ -0 f, -.5 - (e) SPECIAL REGULA TIONS (j) (ii) I (i i i) II (¡ v) No more than one building may be constructed and maintained; The gross leasable floor area of the building shall not exceed 4,590 square metres; No more than one restaurant - type A shall be established and shall not exceed a gross leasable floor area of 625 square metres; All bakeries, commercial clubs, commercial-recreational establishments, dry cleaning depots, merchandise service shops, places of assembly, private'clubs, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall I:,e restricted to ttlose units that front either Plummer Street or Brock Road; (v) The aggregate gross leasable floor areas of all bakeries, business offices, commercial clubs, commercial-recreational establishments, dry cleaning depots, merchandise service shops, places of assembly, private clubs, professional offices, public clubs, restaurant - type A, sales outlets, vehicle repair shops and vehicle sales shops shall not exceed 2,210 square metres; (vi) Sales outlets are permitted uses only if accessory to food preparation plants, light manufacturing plants, merchandise service shops, warehouses or bakeries, and providing the gross leasable floor area of the sales outlet does not exceed 20% of the gross leasable floor area of the food preparation plant, light manufacturing plant, merchandise service shç¡p, warehouse or bakery; (vii) Dry cleaning depots are permitted uses only if accessory to dry cleaning establishments and providing the gross leasable floor area of the dry cleaning depot does not exceed 20% of the gross leasable floor area of the dry cleaning establishment. 6. BY-LAW 2.511 (I) By-law 2.511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. (2) Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2.511, as amended, except· that subsection .5.21.2 a) and 5.21.2 b) shall not apply to the area set out in Schedule I attached hereto. 7. ENFORCEMENT (I) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (I), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $.50,000; and (b) on a subsequent conviction a fine of not more than .$25,000 for each day or. part thereof upon which the contra"ention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (I). I' I I I I i /' il II " il ,I il Ii :! :¡ 77 " :1 I' :I ¡I ;¡ :I i¡ iÍ " .1 I' I I I ;1 :1 ..:: :! ! :1 :. I I I I I 7:¡ 1 if- 1-''0 -2.;<:.0 "'~ - 6 - 0) Where a conviction is entered und~r subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. I I I I :1 " 'I " ¡/ Ii I, .1 il II 8. EFFECTIVE DA TE This By-law shalJ take effect from the day of passing hereof subject to the approval of the' Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 2nd DA Y OF ~1ay READ A THIRD TIME AND PASSED THIS 19th DA Y OF September ,/-/ .' .".;:;",./ ,.,/' /'/ " ,S--____~ .;éL-tRK c->" " / BRUCEJ.TAYLOR i I I I I I I I I TOWN OF PICKERING LEGAL DEPT. :1 ;/ II II Ii. , 1988. , 1988. ~' ,// ~. · I "- "- ."'" "- -- -- ,f ''-l t.l'¡·¡~r-ER'T .Il IUro '.(,,j-,,,.-¡!\ tf--L-. " P[. _.;;¿;ì...:l?k"2-. " 8.0", 1331"1'1 r8,3", PLUMMER STREET SCHEDULE II TO BY- LAW 2760/88 1nh PASSED TI-/fS DAY OF September 1988 79 a ~ :1 , í I I I II liS", ~ u o Q:: ID II .1 'j ,/ !I I '11 llf- (J ;) ¿). - ¿. to 11 I 81 115.'" C <t 0 a: I MC-7 . I .; 2 . I . - --- ~ U 0 a:: CD 120.1.. ~ PLUMMER STREET . I II !, ;1 II II 'I 1, " 1 .t , , " " " " 'I ;/ I I ¡ I I II I, II :1 I: ¡ , , II '1 ~ I 'I 1 .; N 1 II Ii 11 :1 .¡ :1 '1 !I SCHEDULE I TO F!'(- LAW 2760/88 PASSED THIS l:¡ th DAY OF Septerilier 1988 , ., ,I ,I !! .! :1 I :1 " , 11 ., I , I -,' 15 I'; -- -_ -I.) ;;¡;1- () b 81 SCHEDULE "B" TO BY -LAW NUMBER 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE SCHEDULE 'B' TO BY·LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE .......n...... , ïl ! ~1 ..'."."0. Ii'~- counT plJùL5 1[- "- ........~e" ..OL~uTIQ" PICKERINC GENE""TINC $T....TION ~ (\ .~ ~ ''.-..------/ LAKE ONTARIO l' " 8 2CitJ¡ 0# REPORT TO EXECUTIVE COMMITTEE Report Number: PO 23-06 Date: March 27, 2006 From: Neil Carroll Oirector, Planning & Oevelopment Subject: Zoning By-law Amendment Application A 26/05 1044910 Ontario Inc. 1890 Glenview Road (Part of Lot 41, Plan 509) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 26/05 be APPROVED, as set out in the draft by-law attached as Appendix I to Report PO 23-06, to amend the existing zoning on the subject property to permit professional office uses, on lands being Part of Lot 41, Plan 509, City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 26/05, as set out in Appendix I to Report PD 23-06, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a zoning by-law amendment to permit the establishment of professional office uses for the property located at the southerly intersection of Glengrove Road and Glenview Road, adjacent to the north side of Kingston Road in the Town Centre Neighbourhood (see Attachment #1 - Location Map). A one-storey detached dwelling currently exists on the property. The applicant is proposing a one-storey expansion of the existing dwelling to accommodate a chiropractic clinic (see Applicant's Revised Submitted Plan, Attachment #3). Future redevelopment of the site would be subject to the requirements set out in a new amending by-law (see Appendix I). The proposed development is compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. It is recommended that this application be approved, and the draft by-law be forwarded to City Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Report PD 23-06 Date: March 27,2006 83 Subject: 1044910 Ontario Inc. (A 26/05) Page 2 Background: 1.0 Comments Received 1.1 At the January 19, 2006 Public Information Meeting (See text of Information Report and Meeting Minutes, Attachment #3) · Bob Martindale of Martindale Planning Services, authorized agent, attended; · Four area residents expressed concern respecting additional traffic movements, access to Glengrove Road, pedestrian safety and requested clarification of the applicant's proposal; · Or. Oavid Fletcher of 1044910 Ontario Inc., registered owner, attended and advised that he has now decided to expand the existing dwelling to double the current size, indicated that he would employ a limited staff and treat a small amount of patients on a daily basis; Or. Fletcher further indicated that he preferred access to the property to be provided on Glengrove Road; 1.2 Following the Information Meeting · A letter was received from William Mankinen, owner of 1899 Glengrove Road, (abutting owner to the north) expressing concern with the compatibility of the proposal with the existing residential uses in the neighbourhood, the proposed parking location on the applicant's conceptual plan, and the long-term land use objectives for the subject property (see Attachment #7); · A revised conceptual plan was received from the applicant on February 10, 2006, which utilizes the existing vehicular access location on Glenview Road and relocates the parking area to the front yard adjacent to Glenview Road (see Applicant's Revised Submitted Plan, Attachment #3); 1.3 City Department and Agency Comments Municipal Property & Engineering Oivision no objection as the conversion and expansion of the existing dwelling for professional office uses will not generate significant trips (see Attachment # 6); 2.0 Discussion 2.1 Proposal The applicant is proposing an expansion and conversion of the existing dwelling on the subject property for the purpose of establishing a chiropractic clinic on the subject property. The residential use of the building is proposed to be terminated. Report PD 23-06 84subject: 1044910 Ontario Inc. (A 26/05) Date: March 27, 2006 Page 3 2.2 Use and Compatibility 2.2.1 The proposed professional office use complies with the PickerinQ Official Plan desiQnation and is an appropriate and compatible use within the Town Centre Neiqhbourhood. The subject property is designated Mixed Use Areas - Downtown Core within the Town Centre Neighbourhood. This designation permits professional office uses. The Official Plan policies encourage the highest mix and intensity of uses and activities in the City to be located within the Town Centre Neighbourhood. The subject property is appropriate for modest intensification. The site is located at the edge of the City's Oowntown Core area adjacent to Kingston Road, and is on the periphery of the abutting residential neighbourhood. The applicant's proposal would add to the mix of uses at the edge of Downtown Pickering, as encouraged in the City's Official Plan. 2.2.2 The subject property is suitable for the proposed use The proposed chiropractic clinic is compatible with the abutting residential neighbourhood to the north of the property. The scale of the applicant's revised proposal will maintain a residential character on the subject property, with minimal impact on the existing neighbourhood. The visual impacts of front yard parking can be minimized through performance standards of the implementing zoning by-law and screening provisions required through the site plan approval process. 2.3 Zoning By-law Performance Standards 2.3.1 A Schedule to the proposed zoninq bv-Iaw illustrates a BuildinQ Envelope for the subject property Schedule I to the draft Zoning By-law, attached as Appendix I to this report, indicates a maximum Building Envelope on the subject property which provides flexibility for redevelopment of the subject lands, in the event that the existing dwelling is demolished. 2.3.2 The proposed by-law will require a minimum landscape buffer to be provided between a surface parkinq area and any lot line It is recommended that a minimum landscape buffer of 2.0 metres be provided on the lot between any surface parking area and a lot line, to screen vehicle parking from Glenview Road and / or Glengrove Road. Report PD 23-06 Subject: 1044910 Ontario Inc. (A 26/05) Date: March 27, 2006 85 Page 4 2.3.3 The proposed bv-Iaw will require a minimum rate of parkinq to be provided for professional office uses It is recommended that parking for professional office uses on the subject property be provided at a rate of 5.5 spaces per 100 square metres gross floor area, to ensure that an adequate parking supply is available on-site. 2.3.4 The proposed bv-Iaw will limit the maximum qross leasable floor area and maximum heiqht of all buildinqs and structures It is recommended that the gross floor area of all buildings and structures on the lot be limited to 300 square metres and that the height of all buildings and structures on the lot be limited to a maximum of 9 metres. These limitations will ensure that the scale of development remains compatible with the abutting residential development positioned to the north and west. 2.4 Site Plan Approval is required for Professional Office Uses 2.4.1 The City's requirements with respect to development of the subject property will be addressed throuqh the site plan review process. Amonost other matters. the owner will be required to address: · appropriate levels of buffering/screening for parking areas adjacent to Glenview Road and 1 or Glengrove Road; · the maintenance of privacy fencing adjacent to existing residential development to the north; · whether a landscaping encroachment agreement should be considered by the City to augment landscaping/screening/buffering provisions; · a pedestrian connection at the southwest corner of the property toward the intersection of Glenview Road and Glengrove Road. 2.5 The concerns I issues of abutting Residents have been addressed At the Statutory Public Information meeting, several abutting area residents voiced concern with the conceptual site plan that was included with the initial circulation Notice. The initial plan indicated a proposed vehicular access on Glengrove Road and a parking area toward the north lot line. A revised conceptual plan was submitted by the applicant following the Statutory Public Meeting and it is this revised plan that forms the basis of Staff's review (see Attachment #3). The revised plan relocates the parking area for the proposed chiropractic clinic adjacent to Glenview Road, and relocates the proposed vehicular access to the site from Glengrove Road to the existing access location on Glenview Road. It is our understanding that, following the Statutory Public Meeting, the applicant met with the abutting area residents to address their issues 1 concerns with the proposed site alterations and continues to maintain an open dialogue with them. ~ort PD 23-06 Date: March 27, 2006 Subject: 1044910 Ontario Inc. (A 26/05) Page 5 The Municipal Property & Engineering Oivision has advised that, based on their review of the applicant's proposal, no significant traffic impacts are anticipated from the chiropractic clinic operation as described in the application (see Attachment #6). 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: Oraft Implementing By-law 87 Report PD 23-06 Date: March 27, 2006 Subject: 1044910 Ontario Inc. (A 26/05) Page 6 Attachments: 1. Location Map 2. Applicant's Initial Submitted Site Plan 3. Applicant's Revised Submitted Site Plan 4. Text of Information Report 5. Minutes from Statutory Public Meeting 6. Comments from the Municipal Property & Engineering Oivision 7. Public Comments - G. William Mankinen Prepared By: Approved / Endorsed By: ~ ~ . ~ .';' Rick Ce aratti ~ Planner II " ///( jV --C' Neil Carro IP, RPP Oirector, Planning & Oevelopment ~ ¡c--;- J ...tJ'7[" /. , , r . .' ?f~V¿ '- V (;¿.<.d, .f..' \ . Lynda Taylor, MCIp-;RfP Manager, Oeveloþment Review RC:jf Attachments Copy: Chief Administrative Officer Recommended for the c Pickering City counit ;¥ -'"."..... .~ Thøma 88 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 26/05 APPENDIX I TO REPORT PD 23-06 89 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 Part of Lot 41, Plan 509, in the City of Pickering. (A 26/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the establishment of professional office uses on the subject lands, being Part of Lot 41, Plan 509, 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 Part of Lot 41, Plan 509 in the City of Pickering, designated "CO" 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) "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, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; on (.1 , - 2 - (2) "Business Office" shall mean a building or part of a building in which the management of direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraphic office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, but shall not include a retail store; (3) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above and below established grade designed for an owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; 5. PROVISIONS (1) Uses Permitted ("CO" Zone) No person shall within the lands designated "CO" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) professional office; (2) Zone Requirements ("CO" Zone) No person shall within the lands designated "CO" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: (a) BUILOING LOCATION ANO SETBACKS: (i) Buildings and structures shall be located entirely within the building envelope illustrated on Schedule I attached to this By-law. (b) BUILOING HEIGHT: (i) maximum 9 metres. (c) PARKING REQUIREMENTS: (i) There shall be provided and maintained on the lot a minimum of 5.5 parking spaces per 100 square metres of gross leasable area; (ii) Notwithstanding clause 5.21.2 (g) of By-law 3036, as amended, all entrance and exits to parking areas and all parking areas shall be surfaced with brick, asphalt, or concrete, or any combination thereof; - 3 - 91. (d) SPECIAL REGULATIONS: (i) The maximum gross leasable floor area for any professional office use shall be 300 square metres; (ii) A minimum landscape buffer of 2.0 metres shall be provided between all surface parking areas and lot lines; (iii) the building existing on the lands designated "CO" on Schedule I attached hereto, on the date of the passing of this by-law, shall be deemed to comply with the provisions of By-law 3036, as amended. Any major additions or redevelopment shall comply with the provisions set out herein. 6. BY-LAW 3036 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. 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. 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 Oebi A. Bentley, Clerk 9') f...", ---- Gì ~ -z. ~ ~ çi\ / ~ ~ PLAN 50g ~ , Pr LOr 47 E ' 40R_29 ~ 6~ P .,¡- r. 7 43.8m ~ ~ ,-- \ -7---__- \ T -_..., \ I \ ,:¡.Q({' 2.0m--.1 \' CO IE \ I~ \ PLAN 509, PT LOT 41 I ~ \ I \ I \ II \ I \\ ~o. II e;<S ?¡ ")'ò \ ~/ \ I \ / v ~ (¢-O ~ ~«; ~ 0V o~ t¡ o ~~ 1--1 BUILDING ENVELOPE '---' SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2006 .,~: ~;(~!-'): DAVID RYAN - ~A~4i i ,;;w.\!\ " 'I ,(" '.' ;;Jt~~d~ ~. . '<r'; p.('. DEBIA.BENTLEY-CLERK ~ (¢-O l' N ,~!;,;)";,,~,::ì! I TO RfYORl # PD ø<.-3 c.J L. 93 <l.! W z=== 5=== - == === === == ON SQUARE}-- :::::::1>- ::::::::; I "\ "~~~ ~\\ I 1/1//) 0;(~l CRESCENT ~ ~~ f-- II ~Vç't f-- ! I '00'..:0" f-- Q;)0 wf-- Wf-- >='- l1:.- - = ~ f-- ~ "," f-- V lJll[[f"~ IIIII...J.. ...J.. o 10 I R t I ~ ::::::: b == == UJ ==~- :?:::::j t=g,IT FIELDLlGHT D.. _~ 0 II 11 ~ 1 1 o « o cr - LANE t-- I--- - BOULEVARD ~ I ~~~ I-- <{ i.L.. ~ ~~/ ~~ ~ ~ == ROSEFIELD I 1fT ROAD I - ~" II IIIIIIIIIII~ BRANDS COURT ~ ~" IIIIIIIIIIIII~ -1 IT ROAD I ~ i W 6 _______ w > o 0::: Ü Z W -I Ü ~ ~~ ~ \\ - \--- --rill II' \ \\\\\\\ \ \\1 "oR i'-\J~t\ ;: [~, \J:.\: ~ ~~ \~~ l: l ~~ a ~~\\ & \\\\\\\\\\W p--- ROAD SUBJ PROP- 'RTY ~ r. <\ :5"O~ ~\GS ~\\~ <¿S?\J'-~i'-Q<¿ ¡ ÑoRí\'\ C(~\'\<¿ J!¡~ ~ "'1 ~ 'ž. \.I- Q\<¿r ENBAKER í\'\ ~ = ~OIJ -~ '?li'-~i'-Q<¿ ~ ::00 í\'\<¿ <¿S ____ ~ í ______~ ---' ~ b~ _ == L~I "'i CC City of Pickering PROPERTY DESCRIPTION PART OF LOT 41, PLAN 509 OWNER 1044910 ONTARIO INC. FILE No. A 26/05 ì Planning & Development Department DATE OCT. 17,2005 DRAWN BY JB "'^' I' SCALE 1 :5000 CHECKED BY RC f 0 ::tourc..: TeranClt Enterprises Inc. and ita supplier.. All f"Îghta R.served. Not a pion of survey. 2005 MPAC and its supplier.. All rióht. Reserved. Not 0 pion of Surve.... PN-B 94 ,¡ ;;( II ~i.Q_~¿) ,~;> INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 26/05 -1044910 ONTARIO INC. (.." 1/-1 ¡-/7 ~5m -- PROPOSED PARKING c « o 0::: :¡: W :> z w -I C> ~ ~ ~ c¿ {1\ ~ b 'S> '<9 "3 ~ «--0 #. s.~ . <v~ ø'V PROPOSED CONVERSION OF EXISTING DWELLING TO A CHIROPRACTIC OFFICE EXISTING GROSS FLOOR AREA - 148.5 SQUARE METRES PROPOSED PARKING - 11 SPACES ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN. OCTOBER 17. 2005. .":') if _ ~;>....._.. TO ~3-c" INFORMATION COMPILED FROM APPLICANTS REVISED SUBMITTED PLAN A 26/05 ·1044910 ONTARIO INC. . "'" , '\. '\. ., '" c ð ~ 'e ~ 01 1R 0 \. ~ " (,!J :z w ...J C!) : Q . ð.O~ ~. ~ . N\~~ G"'~~ :. Q .~ ~ ~ ff ~ &' PROPOSED CONVERSION OF EXISTING DWELLING TO A CHIROPRACTIC OFFICE 95 ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN. MARCH 2. 2006 96 ATTACHMENT fI It TO REPOR1 # PD .!}:¡. 0 b.. Cilt¡ ,,~ INFORMATION REPORT NO. 27-05 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 26/05 1044910 Ontario Inc. 1890 Glenview Road Part of Lot 41, Plan 509 City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.13 hectares in size, and located at the southerly intersection of Glengrove Road and Glenview Road, adjacent to the north side of Kingston Road in the Town Centre Neighbourhood (see Attachment #1 - Location Map); - the subject property is surrounded by residential, low density land uses to the north and west, residential, high density to the south and commercial retail uses to the east. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning of the subject lands to permit professional office uses on the subject property including a chiropractic clinic; - a conceptual plan showing the proposed site alterations / parking layout of the subject property is provided for reference (see Attachment #2 - Applicant's Submitted Conceptual Plan); - the proposal would convert the existing residential dwelling for professional office uses on an interim basis; the applicant's long-term goal is to redevelop the subject property and replace the existing residential dwelling with a new professional office building. Information Report No. 27-05 , 1\",J'\'r.~.I'¡ ,& 'I l ¡ i.e, ~\JJ Ij-J,i....~ If' ""'~..."-'-.,,~....__u_~ . . ·R·I' # PL-') :2 .- I') '" Hb'ù . ....ø.....l--:o.-_.' Page 2 97 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham ReQional Official Plan identifies the subject property as being designated Urban Areas - Main Central Area; recognizes that Central Areas shall be developed as the main concentration of activities, at the highest densities, within Urban Areas; permits a diverse array of uses including community, office, service, shopping and residential uses; - the proposal appears to conform to the Durham Region Official Plan; 3.2 PickerinQ Official Plan identifies the subject lands as being designated Mixed Use Areas - Downtown Core within the Town Centre Neighbourhood; Mixed Use Areas permit a wide assortment of uses including residential, commercial, offices, restaurants, community, cultural and recreational uses; establishes the Oowntown Core as the highest zone of pedestrian activity in the City, that functions as a true "mainstreet" for Pickering; City Council has adopted development guidelines through this neighbourhood as follows: · "Pickering Oowntown Core Development Guidelines"; . "Kingston Road Corridor Oevelopment Guidelines"; - the above-mentioned development guidelines promote the Oowntown Core as the ideal location for the highest intensity of cultural, residential and economic activity, and the greatest density and diversity of land use mix; - the subject proposal appears to conform with the Pickering Official Plan; however, a further assessment will be made together with the policies and provisions of the Pickering Official Plan during the additional processing of this application; 3.3 ZoninQ Bv-Iaw 3036 the subject property is zoned "R3" - One Family Oetached Owelling, Third Oensity Zone, which permits detached dwellings; a zoning by-law amendment is required to permit professional office uses including a chiropractic clinic on the subject property; - the applicant has requested an appropriate zoning designation that would permit the proposed uses. 9 :b1formation Report No. 27-05 '-I ~3 C'b Page 3 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments none received to date; 4.2 AQencv Comments Regional Municipality Planning Department of Durham - advise 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 (see Attachment #4); Veridian Connections 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · the appropriateness and compatibility of the proposed use with the adjacent residential area to the north and west; · the evaluation of the proposed use to ensure that it is appropriate for the subject lands; · the examination of the overall site functioning, including parking requirements, to ensure that the on-site circulation and parking supply is adequate; · the assessment of adaptable zoning provisions to facilitate the future potential for redevelopment on the subject property; · 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. Information Report No. 27-05 'r If 4 .. . '_J..o_li.J , ,'c; J.. 2L~) k 99 Page 4 5.0 PROCEDURAL INFORMATION - all written comments regarding this proposal should be directed to the Planning & Oevelopment 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 & Oevelopment Oepartment for a subsequent meeting of Council or a Committee of Council; - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 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 - copies of the Applicant's Submitted Plans are available for viewing at the offices of the City of Pickering Planning & Development Oepartment; - the need for additional information will be determined through the review and circulation of the applicant's current proposal; 6.3 Property Principal - the owner of 1890 Glenview Road is 1044910 Ontario Inc.; the principal of 1044910 Ontario Inc. is Oavid Fletcher; the agent is Bob Martindale for Martindale Planning Services. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Oevelopment Review RC:ld J:\REPORTS\INFOR\2005\27-05· rc A26-05.doc Attachments Copy: Oirector, Planning & Oevelopment ~L 0 0 AGH1'.mn II _c'iw_ TO ,)(/ ól3 - Q_k APPENDIX NO. I TO INFORMATION REPORT NO. 27-05 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1) The Regional Municipality of Durham Planning Department (2) Veridian Connections COMMENTING CITY DEPARTMENTS (1) none received to date h ATTACHMENT' ...;? _TO REPORT , PD .:;¡ -; ...:.' { l' 0.. l.' J. Excerpts from C¿l" o~ Minutes / Meeting Summary Statutory Public Information Meeting Council Chambers Thursday, January 19, 2006 7:00 pm. Attendees: Councillor Ashe - Chair Councillor Oickerson 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 5. ZONING BY-LAW AMENDMENT APPLICATION A 26/05 1044910 ONTARIO INC. 1890 GLENVIEW ROAD PART OF LOT 41, PLAN 509 CITY OF PICKERING 1. Planner Comments Rick Cefaratti , Planner II provided an overview of the application and advised that two letters from adjacent property owners had been received concerning traffic and parking accommodation abilities of the property. 2. Applicant Comments Or. Oavid Fletcher stated that he waned to renovate the dwelling to double the current size. He further stated the he did not believe parking would be an issue as there will be only a small number of staff and limited patients. The Applicant further believes the proposal is a logical transition between high density on the south side of Kingston Road and low density on the north side. Or. Fletcher further advised that he would be planning the ingress and egress on Glengrove Road. 3. Comments from Members of the Public Richard Spows 1890 Glengrove Road Richard Spows stated that this building is part of the original downtown core. He is interested in how the structure will be increased and what exactly the Applicant means by mixed use. He is concerned about the impact on the school and other traffic concerns. Page 1 CORP0228-2/02 1 o;~ .$ P ,,? (J (p Excerpts from Bill Mankinen 1899 Glengrove Road Bill Mankinen is hoping that as the subject property is adjacent to a residential area the application will be considered with the least amount of change as to not disturb the neighbourhood. He would like to know the proposed structure usage and maximum size, including the parking layout. He is concerned with the proposed egress for the structure as its location could potentially clog the area. Doreen Adair 1892 Glengrove Road Ooreen Adair is concerned with the increase in traffic and students in the area. She also wants specifics on the size of the new building and how many doctors will practice at the facility. Kathy Smith 1896 Glenview Road Kathy Smith is concerned with seniors and students in the area who utilize the street and the bus stop, as there are no sidewalks in the area. 4. Applicant Response The applicant advised that the conceptual study has been completed for the subject property and it was determined that the area could accommodate a two storey structure approximately 500 sq feet. The Applicant revised his plans and is proposing an "L" shaped building in order to retain topical geography. The Applicant also advised his intent to use the property as a clinical facility and be the sole doctor. 5. Planner Response The Planner responded that they have not received any comments from Municipal Property & Engineering. He emphasized that the plan is conceptual and the applicant would be required to proceed to the site plan process before being approved and at that time the appropriate entrance would be determined. The Planner advised that the City has no current plans to urbanize the area. 6. Applicant Response The Applicant emphasized that they have not submitted a site plan and would be agreeable to moving the driveway. Page 2 CORP0228-2/02 103 ATTACHMENT' b TO REPOR'T 1/ PD ~ 3 " ii (.., OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM R'" E~· '''''';;;' ~"''' ,'J I~ " .,' ,It' rL ,~ !.~~ ~~l:~œ ';"'''''' i["" ~þ r ~:\ ~~ &..f,fi' 'IF' (¡, ':; ;nrjh jJ ¡~t\' :1:0' ....~ ;,',.. 9 '-ò:. \~ February 27,2006 CiTY O~': PiCKER!NG PLANN!NG & DEVELOPMENT DEPARTMENT To: Rick Cefaratti Planner II From: Richard W. Holborn, P. Eng Division Head, Municipal Property & Engineering Subject: Zoning By-law Amendment Application A 26/05 - 1044910 Ontario Inc. - 1890 Glenview Road - File: 0-2400 Please be advised that, the Municipal Property & Engineering Division have reviewed the zoning by-law amendment application A 26/05 with respect to the proposed 300 square metres professional office building on 1890 Glenview Road. The proposed professional office will generate 12-14 trips during morning and evening peak hours. Therefore, no traffic impact is anticipated on Glenview Road and the surrounding street network due to the proposed development. If you have any questions regarding the above, please do not hesitate to contact me. RH:SM Copy: Supervisor, Municipal & Capital Works 10 (j t TT ß,CH:\~Efn # .. "1 _~_" TO IF' ~ -3' (: (." 1899 Glengrove Road Pickering, ON, Canada L 1V 1X3 Tel: 905 839 0934 Fax: 9058399186 Email: <mankinen@sympatico.ca> January 23, 2006 Neil Carroll, Director, Planning & Development City of Pickering One The Esplanade Pickering, ON L 1V 6K7 RECEIVE[) ¡ i\ \\¡ " <; '1 (1'ìi' <J!-,¡\i L j LUt,O CiTY OF P!CKERiNº PLANNING & DEVELOPMEN¡ DEPARTMENT Dear Mr. Carroll: Re: Zoning By-Law Amendment Application - A 26/05 My wife and I are the owners of the residential property immediately to the north of, and adjacent to, the "subject property" of the above application. Further to my oral comments made at the Public Meeting held on January 19, 2006, I wish to make further clarification of our concerns. 1. The subject property is currently zoned "R3", but has been designated in the Town Centre Development Guidelines as a "Mixed Use Area". Since the Subject Property is adjacent and, in fact, currently part of a long established residential area, it is expected that city planners will only consider a zoning change in such a transition area to be the least possible, to be compatible with adiacent uses of land. Is the application being considered consistent with the least amount of change to the area? At the meeting, the chairman informed us that this application may warrant a special zoning designation. 2. Although the location map provided with Information Report No. 27-05 states "Proposed conversion of existing dwelling to a chiropractic office", the proposed parking layout indicated to us the possibility of either an extension or a new building planned for the future. This point was clarified at the public meeting where the applicant (Mr. Fletcher) explained that his intent is to renovate the existing building and add an extension of equal size (to a total, he stated, of about 2400 sq. ft. (or 223 sq. m.)). He further stated that the use of the facility would be for his personal chiropractic practice only. These comments are at odds with the Information Report 27-05 (which was only made available to us at the meeting), paragraph 2, which states that the "long term goal is to re-develop the subject property and replace the existing residential dwelling with a new professional office building". 3. Immediately after the meeting, in the lobby, Mr. Fletcher addressed myself, my wife and 5 other concerned neighbours and re-assured us that he is "not a developer", that his aim is simply to re-establish his professional practice in a more suitable location. He stated that he originally found that the site was capable of a 5000 sq. ft. building or 4 or 5 townhouses, but that he had scaled back his original plans. He re-iterated his current intention to double the existing size of building toward the south with an "L-shaped addition". He stated that the building would be used for his own private clinic and that the "traffic flow would be low", only 3 people at a time is what he can accommodate, although he has a massage therapist as well. 4. As we stated, we take issue with the layout of the proposed new driveway shown adjacent to the Mankinen existing driveway, and across the street from two more driveways. It seems unusual to create such a node, considering the fact that two other paved driveway entrances to the subject property alreadv exist off Glenview Road. As well, Glengrove Road has a school further along the street. Little children, parents and Ir~1Af'~"\¡;::í\n #. 7 11' v ;¡.."'",., _~_,." '¡R'¡ I H ..;13 - c..)b ~ 0 .~., 1 ;. the school bus constantly use this street. Again, outside council chambers, Mr. Fletcher assured us that the driveway entrance poses no problem, and that he expects to have no problem to place it on Glenview St. 5. A large cedar hedge separates properties to the north from the Subject Property along its northern boundary, almost the full length. As measured recently, the centerline of the hedge follows the lot line very closely (+1- a few inches). It is about 5 to 6 feet wide and at least 10 feet high. If adds greatly to our enjoyment and generally blocks traffic views and sounds from the south for our neighbours as well. Again, in our further discussions with Mr. Fletcher, he stated that he had no objection to leaving the hedge in place as he preferred same instead of a fence. We mentioned the problem of exhaust fumes to him, and he stated that the parking places could be moved to the other end of the property. 6. The Mankinen dwelling has a solarium on the south side (southwest corner of building) with windows that open facing south. During the warmer months, this is the main room for eating and relaxation. The location plan (see Information Report No. 27-05), shows the bulk of proposed parking spaces immediately abutting the solarium (within 6 to 8 feet of) and car exhausts would damage and prevent enjoyment of this part of the house due to the porous nature of the hedge. We request that council give serious consideration to our request that customer parking is not located immediately outside our windows. This is our most serious concern. 7. Attached to our letter is a map (Map 1) of the adjoining Mankinen property, immediately to the north of the Subject Property, which shows the hedge location, the Mankinen dwelling, the solarium location, and the location of the Subject dwelling for reference. 8. In CONCLUSION, if indeed Mr. Fletcher will limit new construction to renovation of the existing building and an addition of equal size (to the existing building), and use of the building for a single professional practice, then we would not object to that. As well, if he will re-Iocate the parking away from the northern edge of the property, and put the entrancelexit along Glenview Rd., then I think our concerns could be considered adequately addressed. We trust that you will handle this application with your usual careful consideration. Please do not hesitate to contact us if you have any questions. Mr. G. William Mankinen, P. Eng. Cc by email to Rick Cefaratti, Planner 1/ lOG 1 23 - ()b 1- I ~. . q Cì ~ \) i~ , ·Ä· .... " ',-~ <"- ~1 . ~. '.:r..... ,.')~ ,,~ .., . ~ .. ... , ~.. / +.. ". . '111 .,.- . /,J( . ", ~ TOWN 6F pr¿KËRIN~ PLANNING DEPARTMENT "1 APPROV.ED . I . I' :-.. . .,' T·?i1~ ?h' . . .~~~\a:;.: ... ....!.... ...... ............ .:..;\. '~TE .PLAfl/ÑING, DIRECTOR I~. . . , ;" . . .. ¡,' ~ ':...:'. . . .,,' , .--, ,"::. ~)~ " , ¡ . .:¡ ~~ l \ ~ t ~:o; , ,. ~'f t f ,'( ~ . . . . f.!jl V 0 .: PZa Subject Dwelling of By-Law Amendment Application A26/05 ) 107 REPORT TO EXECUTIVE COMMITTEE Report Number: PO 24-06 Date: March 27, 2006 From: Neil Carroll Oirector, Planning & Oevelopment Subject: Durham Regional Official Plan Review Recommended Directions Report for Population, Employment and Urban Land, dated January 2006 Proposed Amendments for Transportation, Commercial, Rural and Environmental components, dated November 2005 Recommended Arterial Corridor Guidelines, dated November 2005 Recommendations: 1. That Council RECEIVE Report PO 24-06 of the Director, Planning & Oevelopment as the City's comments on the Recommended Oirections Report for Population, Employment and Urban Land, dated January 2006, Proposed Amendments for Transportation, Commercial, Rural and Environmental components of the Ourham Regional Official Plan, dated November 2005; and the Recommended Arterial Corridor Guidelines, dated November 2005; 2. In preparing the amendments to the Ourham Regional Official Plan to implement the Recommended Oirections Report for Population, Employment and Urban Land, dated January 2006, that Council REQUEST the Region to identify the Cherrywood Community as a Future Urban Policy Area and to expand the urban area boundary to include lands in the northeast area of Pickering (lands outside of the Greenbelt Plan) and to designate these lands as Future Urban Study Area in order to accommodate Pickering's growth potential; and in addition, review the matters set out in Appendix I to Report PO 24-06; 3. That Council REQUEST the Region to address the issues identified by City staff regarding the assumptions used in the analysis of population and land supply in the Recommended Oirections Report for Population, Employment and Urban Land, dated January 2006, as set out in Appendix I to Report PD 24-06; 4. To provide clarity to the Proposed Amendments on Transportation, Commercial, Rural and Environmental policies of the Ourham Regional Official Plan and the Recommended Arterial Road Guidelines, that Council REQUEST the Region to incorporate the revisions as set out in Appendix II, Appendix III and Appendix IV to Report PO 24-06, which among other matters would include the following: . continue to permit the severance of a farm retirement lot; . permit as-of-right stand-alone farm-related commercial uses (such as farm markets, auction barns); 1 (k~port PD 24-06 Date: March 27, 2006 Subject: Durham Regional Official Plan Review Page 2 · allow the limits of development for Hamlets located outside the urban area boundary to be reviewed by local area municipalities at the time of the ten-year comprehensive review of Provincial Plans; · identify Oowntown Pickering (Liverpool and Kingston Roads) as an Urban Growth Centre; · phase the minimum density target of 2.5 FSI for Regional Centres over the timeframe of the Regional Official Plan in conjunction with transit and infrastructure upgrades; · identify the Greenbelt Plan area as a separate component of the Natural Heritage System and retain the existing Major Open Space designation for lands outside of the Greenbelt; · designate four additional major arterial roads segments as Regional Corridor, and . correction of editorial and technical matters; 5. That Council REQUEST the Region to defer the Proposed Amendments to the Durham Regional Official Plan affecting Central Pickering in order to re-examine, in consultation with the City of Pickering, policies, schedules and outstanding deferrals including Oixie Road, in light of more recent planning initiatives for this area; 6. That Council REQUEST the Region to examine Bill 51, the Planning and Conservation Land Statute Law Amendment Act and incorporate any enabling policies in the Ourham Regional Official Plan such as the funding of community improvement plans; 7. That Council REQUEST the Region to defer its approval of the Recommended Arterial Road Guidelines, and further, that Council DIRECT City staff to continue discussions with the Region on cost sharing arrangements and to report back; and 8. That the City Clerk FORWARD a copy of Report PO 24-06 to the Region of Ourham and to local municipalities in Ourham Region. Executive Summary: The Region of Ourham, as part of the next stage of its Official Plan Review process, released three documents for review and comment: Proposed Amendments relating to Transportation, Commercial, Rural and Environmental; Recommended Oirections Report relating to Population, Employment and Urban Land; and Recommended Arterial Corridor Guidelines. City staff has identified issues respecting the assumptions used by the Region in the analysis of land supply in the Recommended Oirections Report for Population, Employment and Urban Land. The Regional assumptions resulted in a shortfall of urban land in Pickering by 2026 whereas City staff assumptions indicate a shortfall condition well before 2026. To address the urban land shortfall, it is recommended that Region identify the Cherrywood Community (as shown in Amendment 13) as Future Urban Policy Area and the northeast area of Pickering (lands outside of the Greenbelt Plan) as a Future Urban Study Area within the Region's urban area boundary. 109 Report PD 24-06 Date: March 27,2006 Subject: Durham Regional Official Plan Review Page 3 In addition, the Region should provide direction in its Official Plan requiring local municipalities to undertake a comprehensive review justifying the need and timing of additional urban land, and to prepare detailed secondary plans for expansion areas. It is further recommended that the Region's minimum floor space index (FSI) target of 2.5 for Regional Centres be phased over the timeframe of the ROP as higher order transit and infrastructure funding are provided. This provides a more realistic timeframe for the market to respond with higher density development. In general, the majority of the proposed amendments to the Regional Official Plan are appropriate. The essential elements of the Regional Official Plan (ROP) Amendment remain unchanged from the recommended directions that were outlined in the Recommended Oirections Report, dated October 2004. City staff is satisfied with the commercial and transportation components of the ROP Amendment except for minor revisions to provide clarity. However, we continue to have difficulty with the direction of the proposed agricultural policies, which apply stricter land use controls over rural lands in Pickering. Council, in its earlier comment to the Region, requested that the rural policies be revised to provide greater flexibility and opportunity for Pickering's rural community. There are a number of changes relating to Central Pickering in the Region's proposed amendments. More recent review by both the City and Province indicate that the Region's current and proposed policies, land use and transportation designations are no longer appropriate. The Region should defer all official plan matters affecting Central Pickering in order to re-examine, in consultation with the City of Pickering, policies, schedules and outstanding deferrals including Oixie Road. The Recommended Arterial Corridor Guidelines are intended to be a "toolbox" of potential strategies to be applied in the process of the planning and design of arterial corridors by the Region of Ourham, local area municipalities and other interested parties. Although the content of the Guidelines is appropriate, the financial and cost sharing details have not been adequately addressed. Until the Region provides further financial information, it is recommended that Council request the Region to defer its approval of the Recommended Arterial Road Guidelines, and further, that Council direct staff to continue discussions with the Region on cost sharing arrangements and to report back. Financial Implications: Not Applicable. of! 1 f" 1 J UReport PD 24-06 Date: March 27, 2006 Subject: Durham Regional Official Plan Review Page 4 1.0 BackÇlround: 1.1 Staff previously commented on the 2004 Recommended Directions Report for the environmental, commercial and rural components of the Regional Official Plan, which formed the basis for the proposed amendments In October 2004, the Region of Durham released the Recommended Oirections Report for the environmental, commercial and rural components of the Ourham Regional Official Plan. The City of Pickering provided comments on the Oirections Report in February 2005. After reviewing all comments received, the Region released the proposed amendments to the Regional Official Plan as part of the statutory public consultation process in November 2005. The amendments implement the Recommended Directions that addressed the environmental, commercial, rural components. Amendments to the transportation policies and schedules were also included. 1.2 The Region released the Recommended Directions Report for Population, Employment and Urban Land in early 2006 The Region released this report in January 2006 with a request for comments from area municipalities. The Recommended Directions Report responded to comments received on the previously released Oiscussion Paper. The City had provided comments identifying the need for additional urban land to accommodate Pickering's growth potential to 2031. The Directions Report presents Regional staff recommendations on the Population, Employment and Urban Land component of the Regional Official Plan Review, which will form the basis for future amendments to the Regional Official Plan. The amendments related to population, employment and urban land are anticipated for release by end of April. 1.3 The Recommended Arterial Corridor Guidelines document was released for comment in November 2005 and is also being implemented through the Region's proposed amendments City staff comments on Oraft Arterial Corridor Guidelines were provided in September 2005. A number of the comments were clarified and/or incorporated into the Recommended Arterial Corridor Guidelines released later in the year. The Recommended Guidelines are also being implemented through the proposed amendments to the transportation component of the Regional Official Plan. Staff from both Planning & Oevelopment and Municipal Property & Engineering have reviewed and provided comments on the Guidelines. 111 Report PD 24-06 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 5 2.0 Discussion: This part of the report is divided into the following three sections: · Part A provides a response to the Region's Recommended Directions Report for Population, Employment and Urban Land; · Part B provides a response to the proposed amendments to the Regional Official Plan for the Transportation, Commercial, Rural and Environmental components; and · Part C provides a response to the Region's Recommended Arterial Corridor Guidelines Copies of the three documents are available in the Planning & Oevelopment Oepartment, the Pickering Central Library, and can also be viewed by accessing the Region of Ourham website at http://www.reQion.durham.on.ca Part A - Recommended Directions respecting Population, Employment and Urban Land 2.1 The Region should reallocate the surplus Ajax population to Pickering and Whitby to support Pickering's role as a western anchor and Urban Growth Centre In recognition of Ajax's Official Plan policy of setting a firm limit to urban growth, the Region has proposed to reallocate more than 40,000 people to designated urban lands within other Ourham lakeshore municipalities (mainly Oshawa and Clarington) before any expansion to urban boundaries is considered. This reallocation of population eastward is contrary to Pickering's role as part of the western anchor to the Region's urban system and minimizes the importance of downtown Pickering as an urban growth centre to accommodate future growth. Also, it potentially delays the timely development of Seaton. Accordingly, it is recommended that the Region reallocate surplus Ajax population proportionally to Pickering and Whitby. 2.2 The Region's urban land supply table should be adjusted to reflect current development experience for residential development in designated Living Areas The calculation of urban land supply should be adjusted to reflect current development experience that a larger share of gross living area needs to be set aside for environmental protection purposes (approximately 50%, rather than the 37% assumed in the land inventory table). The remaining 50% is utiljzed for residential, roads, schools, parks, and stormwater management facilities. By contrast, the City's Growth Management Study assumed that 65% of lands are used for non-residential development. ~ 1'" 1 !~eport PD 24-06 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 6 It is recommended that the Region reassess the actual amount of designated Living Area land available for residential development. If this more restrictive approach is taken, the current supply of designated urban lands in Pickering will be exhausted before 2026 and will require expansion of urban boundaries in Pickering sooner. It is recommended that the land inventory table be revised to reflect current development practices/restrictions and that urban boundaries in Pickering be expanded to accommodate the increased required urban land supply. 2.3 The Region's land inventory table should be adjusted to reflect a higher rate of housing starts for Seaton per annum starting in 2009 The calculation of the population forecast and the available land inventory for the next 25 years assumes the build-out of Seaton at a much lower rate than anticipated by the City. The City forecasts a higher growth rate of 2,000 to 2,500 new dwellings per year starting in the year 2009, resulting in an earlier urban land shortfall. Accordingly, it is recommended that the population forecast and the land inventory table be adjusted to reflect an increased pace of development for Seaton and that urban boundaries be expanded to provide for further forecasted population increases following the build-out of Seaton to 2031. 2.4 The Region's proposed floor space index of 2.5 for development in Regional Centres should be phased over 30 years The floor space index (FSI) target of 2.5 will apply to the Regional Centres in Seaton and in downtown Pickering. While the objective of achieving this density over time is supported, its implementation will be challenging as it is significantly higher than the FSI for most developments in downtown Pickering, except the Tridel apartments (Picore office complex is about 0.7 FSI). Developments would generally require underground or decked parking. Other challenges include the need for significant investment in community infrastructure requiring major funding assistance from the Province and Region. Also, the anticipated reduction of densities at the periphery of downtown Pickering, to be compatible with the surrounding lower densities, will drive density requirements in the central part of downtown significantly higher than 2.5 FSI. Intensification and redevelopment is not a one-time process, but rather an ongoing evolution of a community. It is therefore recommended that the minimum overall density target be phased gradually for Regional Centres over the timeframe of the Regional Official Plan, as higher order transit and infrastructure funding is provided. Report PD 24-06 113 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 7 2.5 The Region should identify the cherrywood Community as a Future Urban Policy Area and the northeast sector of Pickering (outside of the Greenbelt) as a Future Urban Study Area in order to accommodate Pickering's growth potential Recently, City staff met with Regional representatives to discuss Pickering's urban land deficit within the Region's 2031 planning horizon. The Recommended Directions Report indicated that Pickering would require additional lands to accommodate residential growth by 2026. The Region, in response to Pickering's request to designate additional Living Area and Employment Area lands to accommodate growth to 2031, is considering the expansion of the urban area boundary in the Regional Official Plan to include lands in the northeast sector of Pickering. Further, the Region proposed to recognize the Cherrywood Community as a potential future urban area, notwithstanding its current inclusion within the Greenbelt Plan. In light of the Region's comments, it is recommended that northeast Pickering be designated as a Future Urban Study Area within an expanded Regional urban area boundary, and the Cherrywood Community be identified as a Future Urban Policy Area through the Regional Official Plan Amendment process. The future disposition of the Cherrywood Community as an urban area would follow the review of the Greenbelt Plan and its subsequent removal from that Plan. Further, the Region should add a policy requiring a municipally led comprehensive review to be undertaken, including full public consultation, prior to designating lands within a Future Urban Study Area for urban uses. In this way, local municipalities can determine the timing and phasing of urban land to accommodate their growth needs to 2031. Prior to designating land for urban uses, interim land uses would be permitted. If the Region establishes a Future Urban Study Area, the City's proposed Countryside Area designation and associated policies in Amendment 13 reflects an appropriate interim use of land between the existing urban areas and the more permanent agricultural areas within the Oak Ridges Moraine. This would allow uses not directly related to agriculture. Part B - Proposed amendments to the Regional Official Plan for the Transportation, Commercial, Rural and Environmental components 2.6 If the Region does not expand Pickering's urban area, changes are requested to the ROP Amendment relating to prime agricultural areas, agricultural related commercial uses, farm retirement lots and hamlet boundaries Prime Aqricultural Areas The Region is proposing to merge the two current agricultural designations in the Proposed Amendments for lands both inside and outside the Greenbelt Plan. Previously, Council requested the Region to establish a 'countryside' designation in the Regional Official Plan that reflects a more mixed and diverse setting for near-urban rural areas. 1 ~!port PD 24-06 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 8 As such, a Countryside designation would provide the opportunity for a broader range of complementary uses including retail agricultural operations, agri-tourism, and non-agricultural countryside uses than is permitted in the proposed Prime Agricultural Area designation. In the event the Region does not expand Pickering's urban area, it is recommended that a new Countryside Area designation be included in the Proposed Amendments to the Regional Official Plan. Aqricultural related commercial uses The Proposed Amendment has retained the strict policy to allow agricultural-related commercial uses onlv bv amendment to the ROP. As such, any stand-alone commercial use would require an amendment to the ROP. Staff considers the policy overly restrictive. An amendment is unnecessary as these uses are typically small scale, associated with agricultural activities, and have minimal impact on the broader Regional market. Any regional road impacts can be addressed through a study as part of a zoning by-law amendment requirement. As such, it is recommended that the establishment of small-scale agricultural-related commercial uses be addressed through policies in local official plans. It should be noted that the proposed Provincial Plan for Central Pickering permits stand-alone, agricultural-related commercial uses. Farm retirement lots The ROP Amendment has deleted the policy that permits consideration of one farm retirement lot from a total farm holding. It is recognized that the deletion of this policy conforms to the Provincial Policy Statement. However, it is our understanding that the Province is harmonizing the Greenbelt Plan and Oak Ridges Moraine Conservation Plan for consistency purposes. As an example, a farm retirement lot is permitted in the Oak Ridges Moraine Plan but not in the Greenbelt Plan. Accordingly, it is recommended that the Region pursue this direction with the Province to consider permitting a farm retirement lot in both Provincial Plans and defer the Proposed Amendment relating to severance policies for farm retirement lots until the Province has made a decision. Hamlet boundaries The ROP amendment has carried forward the Region's previously recommended policy to implement a firm growth limit of 25% of existing residential units or current development potential identified in local official plans. For hamlets outside the urban area boundary, the growth of each hamlet should not be restricted indefinitely and should be reviewed by local municipalities at the time of the ten-year comprehensive review of Provincial Plans, such as the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. Regional staff has advised that for hamlets within the recommended Future Urban Study Area designation, local municipalities would be able to establish appropriate growth limits for hamlets (Le. Greenwood and Kinsale). The potential for growth would be assessed in the context of location, local circumstances and future servicing within the Region's urban area boundary. Report PD 24-06 115 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 9 2.7 The Region should designate four additional major arterial roads segments as Regional Corridor in the ROP Amendment The Region is showing Kingston Road as the only Regional Corridor in Pickering on the proposed land use schedule amendment to the Regional Official Plan. Brock Road from Highway 401 to Highway 407, Whites Road/Sideline 26 from Highway 401 to Highway 407, Taunton Road from Brock Road to Whites Road, and Highway 7 from Brock Road to Townline Road should similarly be designated as Regional Corridor. These roads are major arterial and transit corridors that serve a Regional function by accommodating the movement of people, goods and services through Pickering. The emerging plan for Central Pickering designates these roads as major transit corridors. These corridors would accommodate transit stations at key nodes to facilitate local and interregional transit and inter-modal transportation. These road segments are intended to provide an important transit loop connecting Seaton to downtown Pickering, an urban growth centre in the Province's Growth Plan. To support Pickering's urban system, the Region should identify these corridors in the ROP Amendment. 2.8 The Region should defer all policies and schedules relating to Central Pickering in the Regional Official Plan The use of Section 8.3.4 in the current Regional Official Plan to permit any deviations from the designations for Seaton without an amendment to the Plan is inappropriate. The emerging plan for Central Pickering supports major changes to the policies, land-use and transportation designations in the Regional Official Plan. A number of changes relating to Central Pickering in the Region's proposed amendments do not reflect these major changes. As such, it is recommended that the Region defer all official plan matters affecting Central Pickering in order to re-examine, in consultation with the City of Pickering, policies, schedules and outstanding deferrals. In addition, this would provide the opportunity to address an outstanding deferral relating to Dixie Road. The designation of Oixie Road from Kingston Road and Third Concession Road is deferred in both the ROP and the City's Official Plan due to Council's objection to the Type B arterial designation proposed by the Region and the proposed extension of Oixie Road to connect with Sideline 22 and ultimately Highway 407. It should be noted that the emerging plan for Central Pickering show Oixie Road discontinued north of the Third Concession Road. As such, there is no need to designate Oixie Road as a Type B arterial road in the Regional Official Plan. liB Report PD 24-06 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 10 2.9 The Region should incorporate any enabling policies in the Durham Regional Official Plan such as the funding of community improvement plans Bill 51, the Planning and Conservation Land Statute Law Amendment Act proposes to amend the Planning Act to allow upper-tier municipalities to make grants or loans to lower-tier municipalities for the purpose of carrying out a community improvement plan, but only if the municipality providing the grant or loan has related policies in its Official Plan. Accordingly, it is recommended that the Region incorporate any enabling policies in the Ourham Regional Official Plan such as the funding of community improvement plans. Part C - Recommended Arterial Corridor Guidelines 2.10 The content of the Recommended Arterial Corridor Guidelines is generally appropriate but the financial and cost sharing details remain vague Many of the recommended options for the various road classifications provide for more robust road and boulevard treatments (e.g. enhanced landscaping, street furniture, specialty paving) than what has been done in the past. City staff support the treatments proposed by the Region. However, questions respecting who is responsible for the increased costs to construct, maintain and rehabilitate these upgrades have not been resolved. In response to City concerns previously expressed on cost sharing, the Region has replied that cost sharing of capital and long-term maintenance for Regional roads will be further explored on a project-to-project basis, based on the results of a corridor visioning or equivalent exercise. However, the financial and cost sharing details have not been adequately addressed especially relating to improvements such as enhanced landscaping, boulevard and median treatments, and upgraded standards for street lighting and sidewalks. It will also require the City and the Region to coordinate the prioritization and scheduling of projects, and the approval of funds through their respective annual budget processes. Until the Region provides further clarification on the financial requirements, it is recommended that Council request the Region to defer its approval of the Recommended Arterial Corridor Guidelines, and further, that Council direct staff to continue discussions with the Region on cost sharing arrangements and to report back. 3.0 Conclusion 3.1 Council should request the Region to address the City's comments provided in this Report and in the Appendices Many of the issues previously raised by City staff on the Natural Environment, Commercial, and Rural components have been addressed through the ROP Amendment. In addition, staff met with representatives from the Region both on the Proposed Amendments and the Recommended Oirections for Population, Employment and Urban Land and appreciated the clarifications provided. 117 Report PD 24-06 Date: March 27, 2006 Subject: Ourham Regional Official Plan Review Page 11 Staff's detailed comments on the Recommended Oirections Report, ROP Amendment, and Recommended Arterial Corridor Guidelines are provided for Council's review and endorsement (see Appendices I, II, III and IV). There is general agreement with most of the Region's directions, amendments and recommendations. It is recommended that Council request the Region to incorporate the changes set out in Report 24-06 and in Appendices I, II, III, and IV. APPENDICES: Comments on the Region's Recommended Directions Report for Population, Employment and Urban Land, dated January 2006 II Comments on the proposed Regional Official Plan Amendment, dated November 2005 III Technical Comments on the proposed Regional Official Plan Amendment Schedules IV Comments on the Recommended Arterial Corridor Guidelines, dated November 2005 11¡~ Report PD 24-06 . . . Date: March 27, 2006 Subject: Durham Regional Official Plan Review Page 12 Prepared By: Approved / Endorsed By: '1 () CQ.;v lo- f/ Ú~1'L{ Carla Pierini Planner II Neil Carroll, C PP Oirector, Planning & Oevelopment Grant McGregor, MCIP, P Principle Planner - Policy ;' Æ' //, . --'- ' ( jz¿I¿if~/ I ~-, _./ { Catherine Rose, MCIP, RPP Manager, Policy CP:GM:ld Copy: Chief Administrative Officer Oirector, Corporate Services & Treasurer Oirector, Operations & Emergency Services Oivision Head, Corporate Projects and Policy Oivision Head, Municipal Property & Engineering Recommended for the consideration of Pickering City Council /. ,. DETAILED STAFF COMMENTS ON REGION OF DURHAM OFFICIAL PLAN REVIEW RECOMMENDED DIRECTIONS REPORT FOR POPULATION, EMPLOYMENT AND URBAN LAND, JANUARY 2006 11:9 APPENDIX I TO REPORT PD 24-06 120 Region of Durham Official Plan Review Recommended Directions for Population, Employment and Urban Land Recommended Directions POPULATION FORECASTS 1. That the ROP be amended to include Reallocate Ajax surplus population to population forecasts, 2011 - 2031, as Pickering: summarized in Table 1 (see Attachment #1 to Appendix I). Staff Comments I Recommendations Item # The Ajax Official Plan has set a firm limit to future urban expansion and the surplus population can now be reallocated to other area municipalities. Table 1 reallocates the surplus first to the already designated Living Area lands in Oshawa and Clarington until those lands are fully occupied with the remainder then allocated to the other area municipalities. Pickering was allocated 205,800 people for the year 2031, a decrease of about 5,000 from the Proposed Directions. The population surplus should be allocated to Pickering and Whitby. Pickering will need significant growth potential to fulfill its new role as an Urban Growth Centre in the Greater Golden Horseshoe Plan. Should the Region not allocate the surplus Ajax growth to Pickering and Whitby, it should be allocated proportionately to local municipalities based on adjustments from the proposed reviewlmonitoring of actual population data from Census Canada every five years that is recommended. The Region should not first allocate the surplus to the designated Living Area lands in Oshawa/Clarington. Include rural and urban forecasts: It is recommended that Table 1 include separate figures for the rural and urban population forecasts for each municipality. Item # 1. cont'd l.j! ?.01 J.wL Recommended Directions Staff Comments I Recommendations Revise the calculation of land supply: The net land calculation methodology assumes 63% of gross land area will be developable, despite recent environmental standards that typically require approximately 50% of land to be used for non-development purposes. An up-to-date ratio should be determined and the methodology amended to reflect such a finding. Reflect a higher growth rate for Seaton: The forecasts in Table 1 assume a rate of development for Seaton that is too conservative. It is recommended that Table 1 and the land supply table be amended to reflect an increased average annual rate of growth for Seaton due to stronger anticipated demand for development in Seaton. 2. No new designations of urban land are Revise urban boundaries to included in the Recommended Directions accommodate more urban growth in Report. Pickering: It is recommended that the Cherrywood Community be identified as a Special Urban Policy Area for consideration as a future urban area in the ROP, once necessary amendments to the Greenbelt Plan occur. Also, it is recommended that lands outside the Greenbelt in northeast Pickering (generally north of Highway #7, east of Westney Road) be designated as a Future Urban Study Area now, within the urban area boundary, subject to a policy requirement for a municipally initiated comprehensive review, including public consultation, prior to establishing urban designations and permitting development to occur. in r.) (..1;" Recommended Directions EMPLOYMENT FORECASTS 3. Employment Forecast: Item # Staff Comments I Recommendations The Recommended Directions Report notes that the Province's draft GGH Growth Plan forecasts 350,000 jobs by 2031 for Durham, a 1 :2.7 ratio of jobs to population, and that the Durham Official Plan will have to conform to these figures, once they become Provincial policy. If the GGH Growth Plan forecast becomes Provincial policy, the result will be a greater relative tax burden on the residential sector, compared to the rest of the GT A. Further, Durham will be at a disadvantage in competing for scarce Provincial infrastructure investment in major transportation, piped services etc. than would those Regions with a 1:2 jobs to population ratio. The City supports the 1:2 ratio for Durham Region in the Recommended Directions Report. EVALUATION OF LIVING AREAS - BOUNDARY EXPANSIONS 4. 5. Year Emplovment Jobs: Population 2011 225,800 1 :2.9 (34%) 2021 306,600 1 :2.7 (36%) 2031 398,800 1 :2.6 (38%) Permit urban boundary expansion amendments only through comprehensive review undertaken by the Region, in consultation with the respective area municipality. Areas (for urban boundary expansions) shall be required to: · be large enough to create a complete new community at secondary plan level, or to complete an existing community; · be contiguous to existing urban areas; · allow for sequential development; and · be serviced by full municipal water and sewer services. The recommended direction is unclear as to who can initiate a comprehensive review. It is recommended that only the Region or area municipalities should be able to initiate a comprehensive review. Further, it is recommended that a definition of 'comprehensive review' be added to the ROP to specify that a review of urban boundaries in one or more area municipalities would be considered as a 'comprehensive review'. Require clarification. The terms "complete new community", "complete an existing community" and "sequential development" should be defined/clarified. Item # 6. Recommended Directions Require that approved secondary plans build out to 75% of dwelling unit capacity prior to approval of sequential secondary plans. 1 () f". ' /' .; .... ,) Staff Comments I Recommendations The exact percentage of build-out required to release the next sequential secondary plan should be established in area municipalities secondary plans. Also, the established amount of build-out should delav development in the next sequential secondary plan, not approval of the next secondary plan. 7. Seek to achieve the development of Regional A sampling of current Floor Space Indeces Centres to a minimum overall Floor Space in Pickering's downtown includes: Index (FSI) of 2.5. · Pickering Town Centre at 0.37 · Loblaws Store at 0.21 · MPAC/Picor Office Complex at 0.71 · Tridel Apartments at 2.89 to 6.48 · Rockport Townhousesl Seniors Complex at 2.0 Additional funding for piped and transportation infrastructure may be required in downtown Pickering to service significant redevelopment to achieve a minimum 2.5 FSI overall. It is recommended that the minimum overall FSI for Urban Growth Centres and other Regional Centres be phased over the timeframe of the ROP as infrastructure funding becomes available. .. n ,," 1::.. 'f Attachment #--L.-. TABLE 1 Recommended Population Forecasts 2011 - 2031 Municipalitv 2011 2021 2031 Ajax 102,000 128,500 135,200 Brock 13,600 15,600 18,200 Clarinqton 95,200 131,000 177,800 Oshawa 161,700 194,000 237,200 Pickerinq 105,100 149,400 205,800 SCUQOQ 23,200 25,600 26,100 UxbridÇJe 22,300 23,400 24,000 Whitby "134,100 174,200 226,200 Durham '657,300 841,800 1,050,600 Source: Durham Region Planning Department. Notes: Numbers have been rounded to the nearest 100. Totals may not add due to rounding. Refer to Appendix II for further details. DETAILED STAFF COMMENTS ON REGION OF DURHAM OFFICIAL PLAN REVIEW FOR THE TRANSPORTATION, COMMERCIAL, RURAL AND ENVIRONMENTAL COMPONENTS PROPOSED AMENDMENTS NOVEMBER 2005 125 APPENDIX II TO REPORT PD 24-06 1n ...-' G'I Region of Durham Official Plan Review Proposed Amendments Proposed Region of Durham Amendments* SECTION 2 - ENVIRONMENT 1. 2.3.3 Item # Where residential and noise sensitive land uses are located within 750 metres of a railway corridor, Regional Council shall ensure regard is given to the noise, vibration and safety standards of the Ministry of Environment and the affected rail company through consultation with these agencies and, where necessary, by requiring the preparation of a noise and vibration analysis. Further. in accordance with Transport Canada Guidelines. no new noise sensitive land use shall be permitted above the 25 NEFINEP noise exposure contour for new airports. 2. 2.3.12 To ensure that water resources are available in sufficient quality and quantity to meet existing and future needs of the Region's residents, Regional Council shall: a) promote and support water resources conservation and management initiatives of other agencies; b) in the process of assessing development, require lakes and streams and adjoining lands to be retained in or rehabilitated to a natural state, the protection of fish and wildlife habitat and minimize alterations to natural drainage systems and sediments entering a watercourse or lake; c) discourage alterations to watercourses with minor adjustments considered by the authority having jurisdiction where evidence can be provided that the functions of the watercourse will not be adversely affected; * Note: The underlining indicates new policies and wording Staff Comments I Revisions** The proposed increased area of influence adjacent to railway corridors from 300 metres to 750 metres is excessive. For example, a land use proposed on the north side of Kingston Road at Liverpool Road would require involvement of the railways. It is recommended that the current 300 metre area of influence be retained. ** Note: The bold print indicates the proposed wording for the staff recommended revisions lrt~ c.:. ( Item # Proposed Region of Durham Staff Amendments* Comments I Revisions** 2. d) ensure that, where appropriate, area cont'd municipal official plans require stormwater management and erosion and sedimentation control plans be prepared in the context of subwatershed plans and that stormwater management facilities be implemented as part of the pre-servicing of development proposals; The requirement that stormwater e) ensure that, for lands located on the Oak management plans and watershed plans Ridges Moraine and the lands qoverned (and their components) for lands within the by the Greenbelt Plan, stormwater Greenbelt Plan be subject to the provisions of management and watershed plans and the Oak Ridges Moraine Conservation Plan their components, meet the requirements provides for stricter regulations. The of the Oak Ridges Moraine Conservation Greenbelt Plan contains policies that apply to Plan; and stormwater management infrastructure f) promote qroundwater infiltration. through proposals, and identifies the required components of watershed plans. improved stormwater manaqement design. It is recommended that the reference to lands governed by the Greenbelt Plan be deleted from clause (e). 3. Aquifer Vulnerability Areas It is recommended that the aquifer vulnerability area mapping and restrictions be Sections 2.3.22, 2.3.23, 2.3.24, 2.3.25 applied only to the rural area, as all uses everywhere have to demonstrate appropriate stormwater management and environmental regulations, etc. SECTION 5 - CUL TURAl, HEALTH and COMMUNITY FACILITIES, SERVICES and UTILITIES 4. 5.2.2 The establishment of municipally owned community facilities should be permitted Municipallv owned and operated community within all designations, including Prime facilities, for such purposes as day care Agricultural Areas. centres and recreation shall be encouraqed to locate within Urban Areas and if appropriate in It is recommended that the restriction scale, in Hamlets. but may be permitted in any regarding the Prime Agricultural Area be desiqnation. except the Prime Aqricultural deleted from this policy. Area. Within the Oak Ridqes Moraine, such uses are encouraqed to locate in Settlement Areas and Hamlets, but may be permitted in the Countryside Area. outside of Prime Aqricultural Areas. subiect to the provisions of the Oak Ridqes Moraine Conservation Plan. These uses shall be directed to locations that are visible and accessible to residents of the Reqion. preferablv in close proximity to existinq and future transit routes. * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions A rH'" 1 r:, ,~ Item # 5. Proposed Region of Durham Amendments* 5.2.7 The development of electric power facilities, includinq commercial wind turbines, shall occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power. It is the policy of this Plan that electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this Plan. Area Municipalities should consider the inclusion of policies in their respective Official Plans. ensurinq that commercial wind turbines are located appropriatelv. 6. 5.3.6 Cemeteries are recognized as necessary and essential community facilities. Cemeteries may vary in scale, depending upon the location and needs of the population to be served. Existing cemeteries are recognized as permitted uses in this Plan. * Note: The underlining indicates new policies and wording Staff Comments I Revisions** In addition to commercial wind turbines there are other forms of renewable energy sources that can supply electric power. As such, it is recommended that this policy be revised to permit a broader range of energy sources. It is recommended that the specific term "commercial wind turbines" be replaced with the more generally defined term renewable energy facilities as follows: "The development of electric power facilities, including renewable energy facilities, shall occur in an orderly manner to facilitate the efficient and reliable provision of adequate electric power. It is the policy of this Plan that electric power facilities are permitted in all land use designations, provided that the planning of all such facilities satisfies the requirements of the Environmental Assessment Act and is carried out having regard to the other policies of this Plan. Area Municipalities should consider the inclusion of policies in their respective Official Plans, ensuring that renewable energy facilities are located appropriately." In light of the above, it is recommended that the following definition for renewable energy be added to Sub-Section 15A - Definitions of the Regional Official Plan: "Renewable Energy: means energy sources that produce electricity or thermal energy without depleting resources, and include solar, wind, water, earth and biomass power". ** Note: The bold print indicates the proposed wording for the staff recommended revisions Item # Proposed Region of Durham Amendments* Such cemeteries may be permitted to expand to the limits of the license issued under the Cemeteries Act, provided that they comply with the respective zoning by-law and intent of this Plan, and that provisions have been made for roads identified in this Plan and the respective area municipal official plan. 6. cont'd The establishment of new cemeteries may be permitted by amendment to the respective area municipal official plan, provided that the proposal for a new cemetery: a) meets the general intent of this Plan; b) has no adverse traffic, parking and visual impacts on the surrounding land uses and residents; c) is situated on lands suitable to be developed as a cemetery; d) has no adverse impacts on the natural environment and satisfies the provisions of Section 2 of this Plan; e) has made provision for future roads; and f) is not located in Prime Aqricultural Areas. In addition, within the Oak Ridges Moraine, the establishment of cemeteries may only be permitted in the Countryside and Settlement Areas, subject to the provisions of the Oak Ridges Moraine Conservation Plan. SECTION 8 - URBAN SYSTEM 7. 8.3.10 For the purposes of this Plan, Reqional Interest in commercial planninq shall be based upon the followinq: ill Anv commercial proposal of 56.000 m2 or larqer, on an individual or cumulative basis; or Q2 Any commercial proposal that would have the potential to negativelv impact the planned function of a Reqional Centre. * Note: The underlining indicates new policies and wording 12:1 Staff Comments I Revisions** It is unclear if this policy applies to the expansion of existing cemeteries within the "Prime Agricultural Area" designation (as it should). Further clarification is required. It is recommended that policies 8.3.10 and 8.3.11 be moved from Section 8 to Sub-Section 8A as these policies relate to implementation. ** Note: The bold print indicates the proposed wording for the staff recommended revisions .. .""", Å 1.\'¡ Item # 7. cont'd 8. Proposed Region of Durham Amendments* 8.3.11 Regiona! ~ouncil shall require the preparation of a retail Impact studv for any retail commercial develop~ent proposal that is of Reqional Interest. In accordance with Policy 8.3.10. 8A.2.2 Centres shall be classified in a hierarchy of functions as follows: a) Reqional Centres shall be planned and developed in accordance with Policy 8A.1.2 as the main concentrations of urban activities within area municipalities providing a fully integrated array of comm~nity, office, service and shopping, recreational and residential uses. Generally, Reqional Centres shall function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. The Reqional Centre (Simcoe and King Streets) in the City of Oshawa shall continue to be, and function as, the dominant Centre within the Region, with specific emphasis on office, business and administrative services; Q} Local Centres desiqnated in area municipal official plans shall be planned and developed in accordance with the followinq: D Urban Centres shall generally be smaller in scale than, the Reqional Centres, serving large segments of Urban Areas through the provision of uses which complement those offered within the Reqional Centres; ill Community Centres shall generally be smaller in scale than the Urban Centres serving small s~gments of Urban Areas through the provision of uses which complement those offered within the Urban Centres; and Staff Comments 1 Revisions** The provincially proposed Growth Plan for the Greater Golden Horseshoe identifies two Urban Growth Centres in the Region of Durham. One is located in Downtown Pickering, and the other is in Downtown Oshawa. It is recommended that the ROP reflect the two proposed Urban Growth Centres, and that a new "Urban Growth Centre" classification be added to the hierarchy of centers as Clause (a). In addition, the existing Clauses should be re-alphabetized, and the reference to a single Regional Centre at Simcoe and King Streets in Oshawa be deleted from Clause (b) as follows: "a) Urban Growth Centres shall be planned and developed in accordance with Policy 8A.1.2 as focal areas for investment in institutional and region-wide public services, as well as commercial , recreational, cultural and entertainment uses. Urban Growth Centres shall accommodate and support major transit infrastructure. Two Urban Growth Centres, one in the City of Pickering (Liverpool and Kingston Roads) and the other in the City of Oshawa (Simcoe and King Streets) shall accommodate a significant share of population and employment growth and serve as high density major employment centres that will attract provincially, nationally or internationally significant employment uses; * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions 131 Item # Proposed Region of Durham Staff Amendments* Comments I Revisions** 8. lill Neiqhbourhood Centres shall b) Regional Centres shall be planned cont'd generally be smaller in scale than and developed in accordance with the Community Centres, serving Policy 8A.1.2 as the main the day-to-day needs of the concentrations of urban activities residents of the surrounding within area municipalities, providing a neiqhbourhood. fully integrated array of community, office, service and shopping, recreational and residential uses. Generally, Regional Centres shall function as places of symbolic and physical interest for the residents, and shall provide identity to the area municipalities within which they are located. The Regional Centre (Simcoe and King Streets) in the City of Oshawa shall continue to be, and function as, the dominant Centre 'Nithin the Region, with specific emphasis on office, business and administrative services; c) .11 ..., In addition to the above revisions, all other text and schedule amendments to implement the proposed changes should be made in the ROP. 9. 8A.2.6 Disagree. In policies 8.3.10 and 8.3.11, the Regional interest in commercial planning has Prior to the consideration of the expansion of been clearly defined. Therefore, this second an existinq Reqional Centre, as detailed in an set of policies is not necessary, and it is area municipal official plan, the Council of the recommended that policies 8A.2.6 and 8A.2.7 area municipalitv shall determine if there is a be deleted. Reqional Interest in accordance with Policy 8.3.10. Where there is a Reqional Interest. a retail impact study shall be required to iustify such expansion. and ensure that the proposal does not undulv affect the viabilitv of anv other Centre. * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions 13 :2 Item # Proposed Region of Durham Amendments* 9. 8A.2.7 cont'd 10. Prior to the designation of ª new Local Centre in an area municipal official plan or the expansion of an existinq Local Centre, the Council of the area municipality shall determine if there is a ReQional Interest in accordance with Policy 8.3.10. Where there is a ReQional Interest. a retail impact study shall be required to iustifv such desiqnation or expansion and ensure that the proposal does not unduly affect the viability of any other Centre 8A.2.11 In the preparation of area municipal official plans, Councils of the area municipalities shall ensure the inclusion of: a) policies and designations to implement the intent of this Plan and provisions of this Section, particularly Policies 8A.1.2 and 8A.1.5; b) boundaries, as well as land use designations, within all Reqional and Local Centres: c) a network of walkways, civic squares and parks; d) requirements for the preparation of traffic access studies; e) development of higher densities; f) transit nodes; g) policies to ensure and guide the development of housing in Reqional and Local Centres: and h2 policies to ensure that qenerally new development alonq Corridors shall either front or flank the roadway. Reverse lottinq alonq Corridors should only be permitted, where other desiqn solutions are not feasible. . Note: The underlining indicates new policies and wording Staff Comments 1 Revisions** Regional and Local Corridors should also be designated in area municipal official plans with defined boundaries and refined land use designations. It is recommended that Regional and Local Corridors be added to clause (b), so that it reads as follows: "b) boundaries, as well as land use designations, within all Regional and Local Centres and Corridors;" .* Note: The bold print indicates the proposed wording for the staff recommended revisions 13 :i Item # Proposed Region of Durham Staff Amendments* Comments I Revisions** SECTION 9 - RURAL SYSTEM 11. 9A.2.7 The listed uses are considered to be small-scale commercial uses that support the The establishment of aqriculture-related agricultural community and have minimal commercial uses, such as farm markets, impact of the broader Regional market. auction barns. and feed stores, that support Similar to small-scale home occupations 1 and directlv service aqriculture, and require businesses and agricultural-related industrial locations in proximity to aqriculture and uses, small-scale agricultural-related aqriculture-related uses, shall be encouraqed commercial uses should be permitted within to locate in Urban Areas and Hamlets. Prime Agricultural Areas. The establishment However, such uses may be permitted in of such uses should be addressed through Prime Aqricultural Areas by amendment to this policies in local official plans. Plan. In the consideration of such amendment. It should be noted that the emerging plan for reqard shall be qiven to the applicable policies of 9A.2.6. Central Pickering permits agricultural related commercial uses. It is recommended that this policy be revised and additional wording be added as follows: "The establishment of agriculture-related commercial uses, such as farm markets, auction barns, and feed stores, that support and directly service agriculture, and require locations in proximity to agriculture and agriculture-related uses, shall be encouraged to locate in Urban Areas and Hamlets. However, such uses may be permitted in Prime Agricultural Areas without amendment to this Plan provided appropriate policies are contained within area municipalities official plans. Area municipal official plans shall include detailed policies to limit the scale and number of agricultural-related commercial uses, and include policies to address compatibility with surrounding uses." 12. 9A.2.12 Staff disagree with the deletion of the current The severance of land for farm retirement or policy which permits the consideration of the severance of one retirement lot from a intra-family purposes shall not be qranted. farmer's total farm-related land holdings. * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions 13/1 Item # Proposed Region of Durham Staff Amendments* Comments 1 Revisions** 12. It is recognized that the deletion of this policy cont'd conforms to the Provincial Policy Statement. However, it is our understanding that the Province is harmonizing the Greenbelt Plan and Oak Ridges Moraine Conservation Plan for consistency purposes. It is recommended that the Region pursue this direction with the Province to consider permitting a farm retirement lot in both Provincial Plans and defer the Proposed Amendment relating to severance policies for farm retirement lots until the Province has made a decision. 13. 98.2.7 Staff agree with the concept of limits to growth for hamlets. However, for hamlets Hamlets within the Oak Ridqes Moraine shall outside the urban area boundary the growth be delineated and developed in accordance of each hamlet should not be restricted with the requirements of the Oak Ridqes indefinitely and should be reviewed by local Conservation Plan and the applicable policies municipalities at the time of the ten-year contained in Section 10 of this Plan. comprehensive review of Provincial Plans. For all Hamlets outside the Oak Ridqes The Region has advised that for hamlets Moraine, a firm limit to Hamlet development of within staff's recommended Future Urban 25% of existinq residential units (as of year Study Area designation, local municipalities end 2000), or the residential development would be able to establish appropriate growth potential within the limits of the Hamlet. limits, and the potential for growth would be identified in area municipal planninq assessed in the context of location and local documents (as of year end 2000), whichever is circumstances within the Region's urban area qreater, shall be established in area municipal boundary. official plans, toqether with a firm Hamlet boundary. Area municipalities may choose to be more restrictive. The delineation of Hamlet boundaries based on the above criteria shall take into account infill potential within the existinq limits of the Hamlet fi rs t. Anv remaininq development potential may be accommodated throuqh an expansion to the Hamlet. in accordance with a comprehensive review as outlined in Policy 98.2.8. Once the Hamlet boundary is desiqnated in the area municipal official plan, no further Hamlet boundary expansions shall be permitted. * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions Proposed Region of Durham Amendments* SECTION 10 - NATURAL HERITAGE SYSTEM 14. 10.3.9 Item # 15. 16. The lands designated as Prime Aqricultural Area between the Oak Ridges Moraine Area and the Natural Heritaqe Area and Waterfront Area, as identified in Policy 10.3.8, shall function as open space linkages. Sub-Section 10A - Natural Heritaqe Areas 1 OA. 1 .1 Natural Heritaqe Areas are desiqnated on Schedule 'A' and include key natural heritaqe and hydroloqic features. 10A.2.5 Within Urban Areas, the minimum veqetative protection zone shall be determined through an environmental impact studv. in accordance with Policy 2.3.35. * Note: The underlining indicates new policies and wording 135 Staff Comments I Revisions** In light of the recommendation that the proposed "Prime Agricultural Area" in northeast Pickering be identified as a Future Urban Study Area, it is recommended that this policy be deleted. The lands contained within the Provincial Greenbelt Plan shall function as appropriate open space linkages. As part of the proposed ROP Amendment, lands currently designated "Major Open Space" are to be designated "Natural Heritage Area". The general policies established for all lands within the proposed "Natural Heritage Area" designation are based on policies contained within the Provincial Greenbelt Plan. As such, lands located outside of the Greenbelt Plan area will be subject to the rigorous Greenbelt policies. This is considered inappropriate as the Province's Greenbelt policies should be confined to the Greenbelt area. The existing "Major Open Space" designation, and policies, are considered more appropriate for rural lands that are not part of the Greenbelt. It is recommended that the Greenbelt be identified as a separate component of the Natural Heritage System and that the existing "Major Open Space" designation be retained for rural lands outside of the Greenbelt Plan area. It is recommended that an environmental impact study in accordance with the Durham Regional Official Plan be required only when amendments to the Regional Official Plan are required, or when local official plans do not already contain policies regarding such studies or the protection of natural features. ** Note: The bold print indicates the proposed wording for the staff recommended revisions 1 f"\ ,., .) , ì Item # Proposed Region of Durham Staff Amendments* Comments 1 Revisions** 16. It is recommended that additional wording be cont'd added as follows: "Within Urban Areas, where an amendment to this Plan is required or where an area municipal official plan does not contain policies regarding environmental impact studies or the protection of natural features, the minimum vegetative protection zone shall be determined through an environmental impact study, in accordance with Policy 2.3.35." 17. 10A.2.6 See comments provided for Item # 16. Outside of Urban Areas. an environmental It is recommended that additional wording be impact study, in accordance with Policy 2.3.35. added as follows: shall be required for any proposal for new development or site alteration within 120 "Outside of Urban Areas, where an metres of a key natural heritage or hydroloqic amendment to this Plan is required or feature. In the case of fish habitat. an where an area municipal official plan does environmental impact study shall include the not contain policies regarding qreater of: environmental impact studies or the protection of natural features, an ill the hazardous land limit; environmental impact study, in accordance Q2 the meander belt limit; or with Policy 2.3.35, shall be required for any proposal for new development or site £1 120m from the stable top of bank. alteration within 120 metres of a key natural heritage or hydrologic feature... " 18. 1 0A.2. 7 See comments provided for Item # 16. Within Urban Areas. the need andlor scope of It is recommended that additional wording be an environmental impact study. in accordance added as follows: with Policv 2.3.35, for any new development or site alteration shall be determined in "Within Urban Areas, where an amendment accordance with the Council approved EIS to this Plan is required or where an area Guideline. municipal official plan does not contain policies regarding environmental impact studies or the protection of natural features, the need and/or scope of an environmental impact study, in accordance with Policy 2.3.35, for any new development or site alteration shall be determined in accordance with the Council approved EIS Guideline." * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions 13-; Item # Proposed Region of Durham Staff Amendments* Comments I Revisions** SECTION 11 - TRANSPORTATION SYSTEM 19. Existing Policy 16.3.20 is to be deleted from Staff disagree with the deletion of this policy the ROP in its entirety. and recommend that a similar, reworded policy be retained as follows: "Regional Council shall endeavour to provide transit service on all arterial roads in the urban areas of Pickering, Ajax, Whitby, Oshawa, Courtice and Bowmanville. " 20. 11.3.33 This policy needs to be strengthened in order to further clarify when to initiate the corridor The Reqion in coniunction with area plans associated with a Municipal Class municipalities may develop corridor plans in Environmental Assessment for significant conjunction with Municipal Class development. Environmental Assessments for major road works, or siqnificant development applications It is recommended that the following be or plans. Such corridor plans will provide a added to the last paragraph of this policy: vision for the development of Reqional Road corridors over time and shall address: "These corridor plans will be used to guide a) the transportation environment, the development of key arterial corridors and will provide implementation measures and includinq present and future mobilitv and financial commitments for activities such access requirements; as planning, design, maintenance, planting, b) adjacent land uses and the future built construction, or reconstruction." environment: and c) streetscapinq and the public realm. It is further recommended that the following paragraph be added at the end of the policy: These corridor plans will be used to quide the "These corridor plans will only be required development of key arterial corridors and will for development when the Region, in provide direction for such activities as conjunction with the local area municipality, planninq, desiqn, maintenance. plantinq. determines the need for a corridor plan." construction, or reconstruction. 21. 11.3.34 Partially Agree. This policy needs to be strengthened in order to give proper direction Where a development application or site plan is to the area municipalities on how to initiate a continqent upon road improvements that are corridor plan and a Municipal Class subject to a Municipal Class Environmental Environmental Assessment associated with Assessment or a corridor plan. the development development applications or site plans that application or site plan shall not be approved require road improvements. until the Municipal Class Environmental Assessment or corridor plan are completed to the extent required to assess the development application or site plan. * Note: The underlining indicates new policies and wording *. Note: The bold print indicates the proposed wording for the staff recommended revisions 13:~ Item # Proposed Region of Durham Staff Amendments* Comments 1 Revisions** 21. It is recommended that the following cont'd additional paragraph be added at the end of Policy 11.3.34: "The requirements for a corridor plan or Municipal Class Environmental Assessment in conjunction with road improvements will be determined by the Region in conjunction with the local area municipality." SECTION 13 - SPECIAL POLICY AREAS 22. 13.2.1 This area is currently designated as "Mixed Use Area - Mixed Corridors" within the Special Policy Area A (Pickering) Pickering Official Plan, and as such this policy has become obsolete and is no longer This area presently contains a mixture of req u ired. residential, retail, personal service and industrial uses. The policy of this Plan is to maximize the It is recommended that this policy, along with area's highway exposure as a mainstreet and the Special Study Area designation shown on gateway to the Region. Development shall be Schedule 'A' - Map 'A4' - Regional Structure, intensified in a manner that will not adversely be deleted and that a "Living Area" or affect similar development within the Main "Regional Corridor" designation be applied to Central Areas of the City of Pickering. The this area. improvement of its visual impact from Highway 401 and Highway 2 shall be a major consideration in the development of this area. SUB-SECTION 15A - DEFINITIONS 23. Agricultural use: means the qrowinq of crops, It is unclear whether or not riding and includinq nurserY and horticultural crops, boarding stables would be permitted under raisinq of livestock; raisinq of other animals for this definition. As these are common uses food, fur or fibre, includinq poultrv and fish; that occur on rural properties, it is aquaculture; apiaries; aqro-forestrv: maple recommended that Agricultural use definition syrup production; and associated on-farm be revised to specifically include these uses. buildinqs and structures. POLICY ADDITION 24. It is recommended that the following policy be added to Section 4-Housing as follows: "Regional Council shall promote more energy efficient buildings and infrastructure including retrofitting existing development to more energy efficient standards." * Note: The underlining indicates new policies and wording ** Note: The bold print indicates the proposed wording for the staff recommended revisions DETAILED STAFF COMMENTS ON REGION OF DURHAM OFFICIAL PLAN REVIEW FOR THE TRANSPORTATION, COMMERCIAL, RURAL AND ENVIRONMENTAL COMPONENTS PROPOSED SCHEDULE AMENDMENTS 13:] APPENDIX III TO REPORT PD 24-06 11 ,~, Cd Region of Durham Official Plan Review Proposed Schedule Amendments Item # Proposed Region of Durham Schedule Amendments Schedule 'A' - Map 'A4' - Regional Structure identifies a Regional Corridor designation only on Kingston Road. 1. 2. Schedule 'B' - Map 'B1' - Kev Natural Heritaqe And Hvdroloqic Features identifies key natural heritage features and hydrologic features on a regional scale. Staff Comments I Revisions The segments of Brock Road from Highway 401 to Highway 407, Whites Road/Sideline 26 from Highway 401 to Highway 407, Highway 7 from Brock Road to Townline Road and Taunton Road from Brock Road to Whites Road are designated as Arterial Roads, but not Regional Corridor. It is recommended that the segments of Brock Road, Whites Road/Sideline 26, Highway 7, and Taunton Road be designated as Regional Corridor. These roads will serve a Regional function by accommodating the movement of people, goods and services through Pickering. In addition, the emerging plan for Central Pickering designates these roads as major transit corridors. These corridors would accommodate transit stations at key nodes to facilitate local and interregional transit and inter-modal transportation. These road segments are intended to provide an important transit loop connecting Seaton to downtown Pickering, an urban growth centre in the Province's Growth Plan. Staff continue to note that the scale of the mapping on the proposed schedule requires detailed mapping to be provided in local official plan schedules. It is recommended that Schedule 'B' - Map 'B1' be removed in its entirety, and that the key natural heritage features and hydrologic features be identified only in local area municipalities official plans. 3. Schedule 'C' - Map 'C1' - Road Network omits It is recommended that this mapping error be a portion of Highway 7, west of Lake Ridge corrected. Road (the proposed Kinsale by-pass). Item # 5. 6. 4. Proposed Region of Durham Schedule Amendments Schedule "C' - Map 'C2' - Road Network states that Finch Avenue, west of Altona Road should be re-designated from a "Type A" Arterial to a "Type C" Arterial road, whereas the designation illustrated for Finch Avenue shows it as a "Type B" Arterial. 14í Staff Comments 1 Revisions The ROP Amendment should state that Finch Avenue, west of Altona Road is proposed to be re-designated from a "Type B" Arterial to a "Type C" Arterial, not from a "Type A". It is recommended that the current "Type B" designation for this portion of Finch Road not be amended. Maintaining the existing designation provides consistency along Finch Avenue to Durham Regional Road 30, which is currently designated as a "Type B". It is recommended that the road and transit networks for Central Pickering be deferred until the plan for this area is finalized. This will ensure that the approved road and transit networks are accurately reflected in the Regional Official Plan. The designation of Dixie Road from Kingston Road and Third Concession Road is deferred in both the ROP and the City's Official Plan due to Council's objection to the "Type B" arterial designation proposed by the Region and the proposed extension of Dixie Road to connect with Sideline 22 and ultimately Highway 407. As the emerging plan for Central Pickering shows Dixie Road discontinued north of the Third Concession Road, Dixie Road should be designated as a "Type C" Arterial road. 7. Schedule E - Table E7 - Arterial Road Criteria It is recommended that the exception to allows for exceptions to right-of-way widths in arterial road right-of-way widths also apply to Central Areas and Hamlets. Regional Corridors. 8. Schedule "C' - Map "C2' - Road Network identifies a network of Type "A", "B " and "C" Arterial roads through Central Pickering. Schedule 'c' - Map 'C3' - Transit Priority Network identifies a transit spine and several future Commuter Stations within the Central Pickering. Schedule "C' - Map "C2' - Road Network designates Dixie Road as a "Type B " Arterial road. A future by-pass at Regional Road 30 (York - Durham Townline Road) and Highway 7 is identified on the following schedules: Schedule "A' - Map "A4' - Regional Structure; Schedule "B' - Map 'B1' - Key Natural Heritage and Hydrological Features; Schedule "B' - Map "B2' - Aquifer Vulnerability and Wellhead Protection Areas; It is staff's understanding that there is physically insufficient room for another intersection at Regional Road 30 (York - Durham Townline Road) and Highway 7, and therefore it is unlikely that the future by-pass could be accommodated. It is recommended that the future by-pass be removed from the listed schedules. ., 11 1 (-t Item # 8. cont'd 9. Proposed Region of Durham Schedule Amendments Schedule 'C' - Map 'C1' - Road Network; Schedule IC' - Map 'C2' - Road Network; Schedule IC' - Map 'C3' - Transit Priority Network; Schedule 'C' - Map 'C4' - Strategic Good Movements Network; Schedule '0' - High Potential Aggregate Resource Areas. The future Brock Road by-pass around Brougham is illustrated close to the Hamlet on the following schedules: Schedule 'A' - Map 'A4' - Regional Structure; Schedule 'B' - Map 'B1' - Key Natural Heritage and Hydrological Features; Schedule 'B' - Map 'B2' - Aquifer Vulnerability and Wellhead Protection Areas; Schedule 'c' - Map IC1' - Road Network; Schedule IC' - Map 'C2' - Road Network; Schedule IC' - Map 'C3' - Transit Priority Network; Schedule 'c' - Map 'C4' - Strategic Good Movements Network; Schedule 10' - High Potential Aggregate Resource Areas. Staff Comments I Revisions It is recommended that the Brock Road by-pass be represented more easterly of the Hamlet of Brougham, generally reaching Sideline 16 to the east as shown in the Environmental Assessment, on the listed schedules. DETAILED STAFF COMMENTS ON REGION OF DURHAM RECOMMENDED ARTERIAL CORRIDOR GUIDELINES NOVEMBER 2005 143 APPENDIX IV TO REPORT PD 24-06 144 Item # 1. 2. 3. 4. 5. Region of Durham Official Plan Review Recommended Arterial Corridor Guidelines Arterial Corridor Guidelines (ACG) Provisions for access to major commercial/activity centers. Section 4.5, Noise Attenuation Strategies, Road Design: suggests reducing noise by reducing speeding. Section 5.2, Crosswalks and Intersections Section 5.3, Item #8, continues to read that "if a live tree must be removed, replace it with two saplings". Section 9.0, Typical Street Cross Sections: some of the cross sections recommend the provision of border areas, which can be as wide as 5.5 meters. Staff Comments The guidelines do not address the provision of signalized access to major commerciallactivity centers where the minimum intersection spacing is not available. The provision of signalized access should be further explored through the Access Management Policy study. The Guidelines should give details on the design elements that could be implemented on local arterial and collector roads to reduce speeding. It is recommended that a minimum width of 2.5 metres for crosswalks be specified in the ACG. It should not matter whether the tree is alive or dead if it has to be removed. Spatial requirements for tree growth and road cross sections will dictate how many trees should be replanted. The removal of a dead or alive tree should be replaced with a tree of similar size and species, or of a minimum calliper of 50mm. Staff are concerned that large border areas may be too excessive in the urban area, particularly when combined with municipal setback requirements for development. Large borders may result in a large and under utilized boulevard. It is recommended that the guidelines promote that the size of the borders be reviewed in conjunction with adjacent developments, anticipated activity levels, and zoning provisions to ensure that the borders are appropriate in scale. Item # 6. Arterial Corridor Guidelines (ACG) Appendix B: Street Tree Species Possibilities. 7. Table 1.0 - Street Type Matrix with Corridor Considerations indicates a 30 metre right-of- way width for a two lane rural road under the "Type A" arterial road designations. 145 Staff Comments This list contains only a few large deciduous tree species and does not contain any Maples, Ashes or other varieties of species, which have proven to do well under urban conditions. Arterial corridors are wide expanses of relatively flat spaces and require vertical elements with volume to break up the wide flatness. Street trees of large deciduous varieties have these characteristics and can shade and shelter pedestrians. This desire is expressed throughout the landscaping guidelines within the ACG. Table 4 - Recommended Arterial Road Classification System in the ACG, and Schedule E - Table E7 of the Rap Amendment provide a right-of-way width of 36 - 45 metres for a "Type A" arterial road. It is recommended that Table 4 of the ACG and Table E7 of the Rap be revised to be consistent with Table 1.0 of the ACG, and that a special provision which allows for a reduced right-of-way width of 30 metres for a two lane "Type A" rural arterial road be provided. 8. Table 1.0 - Street Type Matrix with Corridor Table 4 - Recommended Arterial Road Considerations in the ACG indicates a 26 Classification System in the ACG, and metre right-of-way width for both two/four lane Schedule E - Table E7 of the Rap commercial main streets, and two lane Amendment provide a right-of-way width of commercial main streets under the "Type B" 30 - 36 metres for a "Type B" arterial road. arterial road designation. It is recommended that Table 4 of the ACG and Table E7 of the Rap be revised to be consistent with Table 1.0 of the ACG, and that a special provision which allows for a reduced right-of-way width of 26 metres for both twolfour lane commercial main streets, and two lane commercial main streets under the "Type B" arterial road designation be provided. 14i~ Staff Comments The maximum right-of-way widths as recommended in Table 4 - Recommended Arterial Road Classification System should only be applicable to intersections where channelization is required. Mid-block arterial corridors should have minimum right-of-way widths to ensure that arterials do not act as physical barriers. Staff recommend amendments to the ACG and the Rap Amendment to reflect this. 10. Table 4 - Recommended Arterial Road This Table is not consistent with Schedule E Classification System, Land ServicelAccess - Table E7 of the Rap Amendment as the for a "Type A" arterial lists the following following criteria is not provided: criteria: Item # 11. 12. 9. Arterial Corridor Guidelines (ACG) That roadway corridors and right-of-way widths should be kept to a minimum to support adjacent land uses. RigidlProgressive access control; Permit major developments such as central business districts, regional commercial centres and large industrial centre. Table 4 - Recommended Arterial Road Classification System, Land ServicelAccess for a "Type B" arterial lists the following criteria: IncrementallProgressive access control; Permit private access generally located a minimum of 200 metres apart in Urban Areas; It is recommended that Table 4 be revised to reflect Table E7 of the Rap Amendment. This Table is not consistent with Schedule E - Table E7 of the Rap Amendment as the following criteria is not provided: Permit private access generally located a minimum of 80 metres apart in Urban Areas; Promote higher densities with shared or combined access. It is recommended that Table 4 be revised to reflect Table E7 of the Rap Amendment. Table 4 - Recommended Arterial Road Classification System, Transit for "Type A", "Type B" and "Type C" arterial roads states the following: Type A Arterial: May serve as major and minor transit corridors. Type B Arterial: May serve as major transit corridors. Type C Arterial: May serve as minor transit corridors. This Table is not consistent with the wording provided in Schedule E - Table E7 of the Rap Amendment. As such, it is recommended that both tables be revised to combine the different wording provided in each table as follows: Type A Arterial: May serve as major and minor transit corridors, and as regional transit spines. Type B Arterial: May serve as major transit corridors, and as regional transit spines. Type C Arterial: May serve as minor transit corridors, and as local transit corridors and connectors to regional transit spines. 147 Item # Arterial Corridor Guidelines (ACG) Staff Comments 13. Section 8.8 - Street for Future Intensification It is recommended that the . . minimum states the following: intersection spacing (east-west direction) for "Type A" and "Type B" arterial roads provided Frequent intersections and pedestrian access in Table 4 - Recommended Arterial Road should be encouraged and should generally be Classification System of the ACG and at a minimum of every 250 metres. Schedule E - Table E7 of the ROP Amendment be revised to 250m/500m [not 300m/500m as currently shown] to be consistent with Section 8.8 of the ACG. .; tJ lciú¡ 0# REPORT TO EXECUTIVE COMMITTEE Report Number: OES 15-06 Date: March 27, 2006 From: Everett Buntsma Oirector, Operations & Emergency Services Subject: Draft Regional Trail Network Durham Trail Coordinating Committee (DTCC) File: A-2130 Recommendation: 1. That Report OES 15-06 regarding the Draft Regional Trail Network be received; and 2. That Council endorse the comments received from staff in this report and provide direction for staff to forward a copy of Report OES 15-06 to the Region for their consideration. Executive Summary: In 2004 Regional Council established a Ourham Trails Coordinating Committee (DTCC). The scope of DTCC's activities was outlined in their Terms of Reference in two phases. The first phase includes the development of proposal for a Regional Trail Network which links existing and future trails throughout the Region. The second phase is to develop an implementation strategy for the approved Regional Trail Network. The OTCC has now completed a Draft Regional Trail Network as part of its first phase and is seeking comments from the municipalities within the Region. Financial Implications: Not Applicable Background: Since the establishment of a Ourham Trails Coordinating Committee (OTCC), a Technical Support Group (TSG) was formed in the spring of 2005 comprised of staff from the Region, area municipalities, conservation authorities and non-government agencies (i.e. Waterfront Regeneration Trust, Oak Ridges Trail Association, etc.) and has met regularly to discuss the Regional Trail Network. City staff has participated in the TSG and provided OTCC with input of the City's trail plans. A network plan of all significant existing trails within the Region was mapped along with known future connections to indicate connectivity within the Region and to major trails such as the Waterfront Trail, Trans Canada Trail and the Oak Ridges Trail. Potential trails are also shown for future connection and consideration in order to provide connection throughout the Region. The Regional Trail Network provides an overview of Report OES 15-06 Date: March 27, 2006 14'.) Subject: Draft Regional Trail Network Page 2 the existing and future trails that connect Lake Ontario to Lake Simcoe and connect City of Toronto (Scarborough) to Northumberland County with off shoots to Lake Scugog. This Oraft Regional Trail Network (Attachment #1) was to be on display at each area municipality during a series of Open House events put on by the Region from the end of February to mid March to obtain public input. The Open House for the City of Pickering was Tuesday, March 21, 2006. The Region has also circulated this Oraft Regional Trail Network to each municipality for review and comment. Staff have received and reviewed the Draft Regional Trail Network and upon endorsement from Council will be providing the following comments to the Region for their consideration. 1. It is premature to present the Oraft Regional Trail Network for public comment prior to receiving comments from the various area municipalities involved. The date scheduled for comments from municipalities set by the Region falls after public consultation: - Region's Public Open House Schedule was sent January 19,2006 (City of Pickering Open House: March 15, 2006) - Change to City of Pickering Open House accepted on January 26, 2006 (City of Pickering Open House changed to March 21,2006) - Region's request for comments from Municipalities was sent February 2, 2006 to be received by March 17, 2006 (Attachment #2) - City of Pickering request extension for comments to after April 3, 2006 after City Council had a chance to review the Draft Regional Trail Network 2. The circulated plan is at a scale that is difficult to read and assess. 3. Major roads and streets should be labeled for better orientation. 4. The existing named Trails should be labeled (i.e. Seaton Trail, Trans Canada Trail, Oak Ridges Trail, Waterfront Trail, etc.) 5. The portion of the Duffins Creek Trail (existing and future) that connects the Seaton Trail to Ajax and the Trans Canada Trial is not shown. 6. A proposed trail is indicated from the hydro corridor, at Brock Road and Third Concession, and runs north into Ajax and connects to the Trans Canada Trail, which we believe is in error. There is no trail planned within Pickering in this location. The Regional Trail Network plan shows a proposed trail within the Hydro One transmission corridor. If the new trail is to be constructed, the City would be required to enter into leasing arrangements with Ontario Realty Corporation. As CORP0227 -07/01 1 ~". ~'I ' , Report DES 15-06 Date: March 27, 2006 Subject: Oraft Regional Trail Network Page 3 part of the leasing arrangements, the City would be responsible for paying both provincial and regional portions of the property tax bill. To promote the regional trail network, the Region should waive or reimburse the City's property tax portion. 7. The future trail north of Hwy 7 connecting the Seaton Trail to the Oak Ridges Trail may not be necessary as Markham is looking to complete a trail through the Rouge Park and through the future airport site and connect to the Oak Ridges Trail. This should be further investigated and perhaps a future trail should be indicated to connect Seaton Trail with the Rouge Park Trail instead. 8. The Region's report notes that area municipalities are to implement Regional Trails, it does not address how the Region will assist the municipalities in funding these trails. The equitable funding and resources available to the municipalities should be discussed and offered. If funding does become available for regional trail construction and maintenance, area municipal Councils should be able to decide which regional trail is a priority within their respective municipality. For Pickering, the completion of the waterfront trail is a priority. There should be a guiding principal that would require the filling of gaps between trails and completing loop connections prior to establishing new regional trails. Attachments: 1. Map - Draft Regional Trail Network 2. Region of Durham Letter dated February 2, 2006 3. Memorandum from Chris Oarling, Region of Ourham (Regional Report No. 2006-P-6) CORP0227 -07/01 Report OES 15-06 Date: March 27, 2006 15'~ Subject: Draft Regional Trail Network Page 4 ~ - , Prepared By: Doris Chee Coordinator Landscape & Parks Development Evere Direc r Operations & Emergency Services OC Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering ciJy Co "I t ,. Oó CORP0227-07/01 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 for our Communities" ~ýh.. 1,.) H)REPORT#..Q.ÇS /5-ðfo __c..I ,:,3..__ 153 February 2, 2006 Ms. Doris Chee Coordinator, Landscape and Parks Development City of Pickering 1 The Esplanade Pickering, ON L 1V 6K7 Re: Circulation of the Draft Regional Trail Network for comment File No. D07 -05 In 2004, Regional Council established a Durham Trails Co-ordinating Committee (DTCC). The Terms of Reference outlines the scope of its activities into two separate phases. Phase one calls for the DTCC to develop a Proposal for a Regional Trail Network to: · Interconnect and enhance the Lake Ontario waterfront trail; · Further the trail system of the Lake Scugog waterfront; and · Further a regional trail system that establishes connections between: Area municipalities; The Oak Ridges Moraine and Lakes Ontario, Scugog and Simcoe; Other key destination points such as marinas, parks, conservation authority owned land and the Trent Severn Waterway; and Trails beyond the Region's boundary. Phase two calls for the DTCC to develop an implementation strategy for the approved Trail Network. At its December 1, 2005 meeting, the DTCC endorsed a draft Regional Trail Network as a basis for initiating a consultation process to receive input on the Network. Attached is a map illustrating the draft Regional Trail Network, and a staff report outlining the background to the preparation of the Network and details on the consultation process. Also, we will be emailing you for your review and comment on a trail inventory illustrating all existing trails throughout the Region. Any comment you may have on the accuracy of this map is appreciated. Additional information on this Trails initiative, in.cluding the approved Terms of Reference and the meeting minutes, can be found on the Regional web site under the Planning Department page at www.reQlon.durham.on.ca. In addition, the DTCC will be hosting open houses throughout Durham Region to generate public comment on the draft Network. A copy of the newspaper advertisement detailing dates and locations of the open houses is also attached. @ 100% Post Consumer 151 N~ !H{EPOR1#_Q.E~ ls:.ôCt, __.L,..2_ Page. Any comments you may have on the draft trail network are appreciated and should be submitted prior to March 17, 2006. If you have any questions please contact Chris Darling, Durham Region Planning Department. Yours truly. -)-~. L ,,/' ---. ~,--r:~,~_...,õ'- Nestor Chornobay, M.C.I.P., R.P.P. Director Strategic Planning Branch THE REGIONAL MUNICIPALITY OF DURHAM NOTICE OF OPEN HOUSE MEETINGS DRAFT REGIONAL TRAIL NETWORK & REGIONAL CYCLING PLAN STUDY Durham Region is seeking comments on two complimentary trails initiatives which will form the basis for future network development in the Region. The first is a Regional Trail Network, drafted by the Durham Trail Coordinating Committee that identifies existing and proposed future trail linkages to connect key Region wide destinations. The second is a Cycling Network, drafted to identify potential on and off road cycling routes. Open House Meetings Open house meetings to provide interested parties the opportunity to make comments and identify issues relative to these initiatives will be held from 7-8:30 pm. on the following dates and locations: February 23,2006 Town of Ajax, Municipal Building. River Plate Room, 65 Harwood Ave. S., Ajax February 28, 2006 Municipality of Clarington, Municipal Building, Council Chambers, 40 Temperance St., Bowmanville March 1,2006 Township of Brock, Cannington Community Center, 91 Elliot St., Cannington March 2, 2006 Regional of Durham, Municipal Building, Lower Level Conference Room, 605 Rossland Rd. E. Whitby March 8, 2006 Township of Scugog, Municipal Building, Council Chambers,181 Perry St., Port Perry March 14,2006 Township of Uxbridge, Municipal Building, Council Chambers, 51 Toronto St. S., Uxbridge March 16, 2006 City of Oshawa, Municipal Building, Council Chambers,50 Centre St. S., Oshawa March 21, 2006 City of Pickering, Municipal Building, Council Chambers, 1 The Esplanade, Pickering COMMENTS OR QUESTIONS? Information on the draft Regional Trail Network and the Regional Cycling Plan Study may be obtained from the Durham Region Planning Department by contacting Chris Darling or Jeff Brooks respectfully. Additional information may be obtained on-line at www.reqion.durham.on.ca Contact Information: Tel: 905-668-7711 Toll Free Tel: 1-800-372-1102 Fax: 905-666-6208 e-mail: chris.darling@region.durham.on.ca jeff.brooks@region.durham.on.ca ì\, Z _"_.3", "ORT#.,ŒS (5-(£ 3_ 15;) Planning Department ., Service Excellence for our Communities" 156 f".: -3 _.._ .1 PORTn-.Q_§S t5-ð ~ ~- .. Memorandum FROM: Chris Darling, Senior Planner Policy Planning & Special Studies DATE: February 9,2006 RE: Circulation of the Draft Regional Trail Network for Comment File No. 007-05 Further to our letter of February 2nd, please find enclosed the staff report outlining the background to the preparation of the Network, and details on the consultation process (Report No. 2006-P-6). end. N:\Strategic PB\Citizen Advisory Committees\DTCC\draft trail network circulation followup memo.doc I< 3 _."",..~ ~ ~;~Tt(_lls:S IÇ..{)~ J 157 The Regional Municipality of Durham To: The Planning Committee From: Commissioner of Planning Report No.: 2006-P-6 Date: January 10, 2006 SUBJECT: Ourham Trail Co-ordinating Committee Public Consultation of a Oraft Regional Trail Network, File: D07 -05 RECOMMENDATION: THAT the Durham Trail Co-ordinating Committee be authorized to proceed with public consultation on the draft Regional Trail Network, as illustrated in Attachment 1 to Commissioner's Report No. 2006-P-6. REPORT: 1. PURPOSE 1.1 The purpose of this report is to present a draft Regional Trail Network developed by the Durham Trail Co-ordinating Committee (OTCC) and to seek authorization for the Committee to proceed with the public consultation process. 2. BACKGROUND 2.1 The Regional Council approved Terms of Reference for the OTCC defines the scope of activities into two separate phases: Phase one requires that the Committee develop a proposal for a regional trail network to: · Interconnect and enhance the Lake Ontario waterfront trail; · Further the trail system of the Lake Scugog waterfront; and 31 15~ ,- '.'~ .~..3 o>r. ~"n""-' DES lS-Q(,., J f.D Report No.: 2006-P-6 Page No.2 · Further a regional trail system that establishes connections between: · Area municipalities; · The Oak Ridges Moraine and Lakes Ontario, Scugog and Simcoe; · Other key destination points such as marinas, parks, conservation authority owned land and the Trent Severn Waterway; and · Trails beyond the Region's boundary. Phase two has DTCC facilitating the implementation of the approved Proposal. 2.2 Since their inaugural meeting in June, 2005, the DTCC has been developing a draft Regional Network. On December 1, 2005, the DTCC endorsed a draft Regional Trail Network as an appropriate basis for initiating a public consultation process. 3. DRAFT REGIONAL TRAIL NETWORK 3.1 Initially, the DTCC examined an inventory of all trails established or planned in the Region. The purpose was to identify existing higher order trails that could function as part of a Regional Network and to identify future trails needed to complete connections and fill gaps. Key destination points, unopened road allowances, trail maintenance and adjacent trails external to the Region were also considered in refining the Network. The draft Regional Trail Network developed by the Committee, illustrated in Attachment 1: · Identifies existing higher order trails that form the basis of a regional network and defines conceptual future links to fill in gaps. Three inter- regional trails, the Lake Ontario Waterfront Trail, Oak Ridges Moraine Trail and the Trans Canada Trail form the backbone of the draft Trail Network. Other trails provide connections to these main trails. The exact alignment of the future trail links will be determined through more detailed studies or at the time of trail securement; · Focuses on a recreational trail network, primarily located off road; · Incorporates the trail system along the Lake Scugog waterfront in Port Perry; 32 .... 3 .~ DES ,ç-OCp (p... 159 Report No.: 2006-P-6 Page No.3 · Includes a variety of existing trails ranging from footpaths, to multi-use manufactured surfaces, to utility and former rail lines, to waterways and portage routes providing opportunities for different users; · Connects each area municipality; · Connects the Oak Ridges Moraine and Lakes Ontario, Scugog and Simcoe; · Connects to other key destination points such as the marinas, municipal parks, conservation authority owned land and the Trent Severn Waterway; · Establishes connections beyond the Region's municipal boundary primarily through the Waterfront Trail, the Oak Ridges Moraine Trail and the Trans-Canada Trail; and · Has been co-ordinated with the preparation of the Regional Cycling Plan Study to ensure consistency. 4. GUIDING PRINCIPLES 4.1 The approved Terms of Reference for the OTCC establishes a set of guiding principles that have been followed in the development of the draft Trail Network. Through this process, the DTCC has identified additional guiding principles for the development and implementation of the Network, including: · Trail design standards and trail users should be determined by the securing body at the time of trail securement. Currently, some area municipalities have trail design standards. Trail standards vary depending on a number of factors, such as target trail users and sensitivity of the area. Trail users are typically defined in municipal by-laws or agreements that specify the type of user for trails. Trail users can include walkers, hikers, joggers, cyclists, in-line skaters, horseback riders, cross-country skiers, canoeist and motorized vehicles. The final trail network should not pre-determine trail standards and users. Trail standards and users for existing trails should continue to be determined by the body securing the trail, as they are today. "n. ,) .) lGO ME"H t.;...~ ¡CìREPORl ;.¡..œ.2. /5-0<tJ -2~ 01_f..,¿_, Report No.: 2006-P-6 Page NO.4 · The Region should not own any off road portion of the trail system. The Region's role is to identify a Regional Trails Network that will be implemented primarily by the area municipalities. Once the Network is approved, the DTCC in its recommendation to Planning Committee will address the Region's role in the development or enhancement of trails that implement the Regional Trail Network. 5. NEXT STEPS 5.1 The draft Regional Trail Network has been developed in accordance with the Terms of Reference for a connected regional trail system throughout the Region. It is recommended that Planning Committee authorize the DTCC, with the assistance of Planning staff, to proceed with a public consultation process for the draft Regional Trail Network illustrated in Attachment 1. The public consultation process would involve: · Placing notices in the local newspapers and on the Regional web site; · Co-hosting one joint open house with the Regional Cycling Plan Study; · Hosting open houses in each area municipality; and · Circulating the draft Network to area municipalities and other stakeholders. 5.2 The consultation process will extend to the end of March and must be planned so as not to impact the consultation process being initiated for the Regional Official Plan Review. OTCC will consider all comments received and recommend to Regional and Area Municipal Councils a final Regional Trail Network with identified priority areas. ~b;l A.L. Georgieff, M.C.I.P., R.P.P. Commissioner of Planning ')4 ,j t· 3, k¡;'PC'Ï' ,.º!;~ I b-öCp ...,~.. (;: .&.."-~' , 161 Report No.: 2006-P-6 Page No.5 RECOMMENOED FOR PRESENT AT/ON TO COMMITTEE A'" ". ./;;... . , ' .."1ff7 . / ," Garry H. Cubitt, M.S.W. Chief Administrative Officer Attachment: 1. Draft Regional Trail Network H:\ 1-2\agendas\2006\01-1 0-06\DTCC Update.doc 35 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 14-06 Date: February 27,2006 From: Gillis A. Paterson Oirector, 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 Oirector, 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. ,- ..~port CS 14-06 163 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 Ourham 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. Copy of Notice of Public Meeting regarding proposed body rub parlour by-law 2. Correspondence outlining comments from Ourham Regional Police Service 3. Correspondence from licensed body rub parlour owners 4. Summary of changes to the draft body rub parlour by-law 5. Revised draft by-law incorporating recommended changes 6. Report CS 02-06 of the Director, Corporate Services & Treasurer Prepared By: Approved I Endorsed By: ~--(),h- Q;, ~t-ill{Q 11 Oebi Bentley, City Clerk -. :S~ Kim erly Thompson Manager, By-law Enforcement Services - s ~>-'? ~ Gillis Paterson, Oirector, Corporate Services & Treasurer CORP0227-07/01 16F4eport CS 14-06 Subject: Changes to Proposed Body Rub Parlour By-law Date: February 27,2006 Page 3 - Copy: Chief Administrative Officer . - eration of -- - CORP0227 -07/01 ATTACHMENT #1 TO REPORT #CS 14-06 165 - 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 Oecember, 2006. Debi A. Bentley, CMO, CMM III City Clerk - 16 !", I ATTACHMENT # Z TO REPORT # ~ II'I-ab Durham Regional Police Service · 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 L 1 V 6K 7 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. f, .- Toll Free: 1-888-579-1520 x421 0 - 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 ..;¡ [ATTACHMENT # :!J ~'" 'vi ;,.. ~ TllIBOO#l \k~ J.f-f;b --ken C¡ Ic~: - 1 ¡~'''1 . 0 ( 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 Ll V 6K7 Dear Sirs: Re: Draft Body Rub Parlour By-law Report Number: CS 02-06 ..".-..-...-.--.....---.- ,: ¡"!UI\'-~/\,;\~ j-·~i::S ¡;".'.-..-.".o<>i;Io.._ 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 nIb 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 1 6"'1 (1 .... . ~ ATTACHMENT #3 TO REPORT # CS I If - Cb '----..-..-, -- - offers reasonable by-laws to follow (similar to our "old" ones) and there is no problem with unlicensed places. We 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~ ./~"- /, 7 (/ ·~'Z/"ø / ,(/ /' i --,_ "-6aDr~ïa Kepin~ki 1895 Clements Rd. #161 Pickering, On "Aristocrats Spa" - Renata Trent 905 Dillingham Rd. #3 Pickering, On "Pickering Angels" - Pickering Massage Parlours. Toronto-Exotic- - Massage.com 169 Make an appointment with M)@ She is extraordinarily beautiful and her reviews are stellar Home EMail Us Discuss LoadMapGoogleMapClicklSlwhenphone# bad. 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() .s:: :> CI3 O.s:: . - 0 c+'o:¡:: ã3 .s:: L... ro () NroL...(/).....J"O(/).....J"Oroa.a.CI3L...+,:>a._(/).....JOroOOCl3L...+,a.(/)L... 18.1 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 184 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 ATTACHMENT #5 TO REPORT CS 14-06 18S - 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. (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. ,~ 186 ,- - - 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. (I) 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. (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. (n) 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. (0) 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, 5 ATTACHMENT #5 TO REPORT CS 14-06 187 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. (u) 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. (v) 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. (w) 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. (x) 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. (y) Every attendant shall ensure the window provided to permit the observation of body-rubs by third parties remains unobstructed. - ( . . 18;) 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: (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 (b) 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. - (c) 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. (d) 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: -- 188 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. (f) 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. (g) Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. (h) Every body-rub parlour shall be equipped with an effective utility sink. (i) Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under the Ontario Building Code. 0) Washrooms shall be equipped with, - lJO 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. (m) 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. (n) 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. (0) 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. (p) 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 9 ATTACHMENT #5 TO REPORT CS 14-06 19" - 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. 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 liB". 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. 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. 13. 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. 14. 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. 15. 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. 16. (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) i g'J ..... ì~ 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. 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; (b) current valid photo identification, satisfactory to the Licensing Officer; (c) 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 - (d) 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) 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. (b) 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. -- 11 ATTACHMENT #5 TO REPORT CS 14-06 1 g:.1 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. 23. 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) the full name of every partner and the address of ordinary residence; (b) 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. 24. 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. 25. 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) the full name of every shareholder and the address of ordinary residence; (b) the name or names under which it carries on or intends to carry on - business; 1 (\ /1 ..... ,) 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. 26. 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. 27. The Licensing Officer shall, (a) receive and process all applications for licences and renewal of licences to be issued under this By-law; (b) co-ordinate the enforcement of this By-law; (c) 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; (f) issue licences to persons who meet the requirements of this By-law and suspend licences pursuant to the requirements of this By-law; and (g) 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. 28. 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; - 195 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; (e) the investigations do not disclose that the issuing of such licence may be adverse to the public interest; and (f) 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. 29. 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. 30. 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. 31. 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. - 32. 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 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, - "j 9 h.' ...... '. ) 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 Oecember 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. 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. - 187 15 ATTACHMENT #5 TO REPORT CS 14-06 OFFENCE. PENALTY 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) a penalty in the case of a corporation, not to exceed $50,000.00; and (c) 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. ,- 40. 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. 41. 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. 42. 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. - 19R 16 ATTACHMENT #5 TO REPORT CS 14-06 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. 46. 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. 47. This By-law shall be known as the Body-Rub Parlour By-law. 48. 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. 49. 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 - .- 17 ATTACHMENT #5 TO REPORT CS 14-06 SCHEDULE "A" TO BY-LAW NUMBER xxx 198- Bodv-Rub Parlour Licence Fees: Owner/Operator: $500.00 Owner who does not operate: $250.00 Operator other than Owner: $250.00 Attendant $150.00 F or the term of any licence period expiring December 3151 of any year. - - 20n 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 - -----~ /' I ~ I PICKIõRINC GLNE.RATING S1A'¡'C,N ;;;::-'~ -~"'-~~,,-___f\---- ..~ LAi<E;: ONTARIO .- I ATTACHMENT #~ CSI1-0b EXECUTIVE COMMITTEE - Report Number: CS 02-06 Date: January 9, 2006 201 From: Debi 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. ------- -~"._--~ - Report CS 02-06 í) {\ 'J f.- ,J (.. -c& 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 Services Approved / Endorsed By: ) J~ Oebi Bentley, City Clerk /'" Copy: Chief Administrative Officer I: ~_ (7 ,,~) .\.~:tt), 1. c' Gillis Paterson, \;~t)~ö Oirector, Corporate Services & Trèa urer II' CORP0227 -07/01 203 I ATTACHMENT # 1; m REPIJIT ,...!It:~ - 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; - 204 ") I ATTACHMENT # b TO _~¡~PORI.~ C:) "go 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 ., J r'05 ~ '. I ATTACHMENT # h TO REPORT# CS i~~ 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 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. 20f) 4 ¡ATTACHMENT # b TO REPORT #~'{b (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 "Oesign 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. (I) 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. (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. - (n) 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 5 207 IATTACHMENT# t, TO REPORI!CSJ~Ob 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. (t) 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. (u) 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. (v) 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. - 208 6 ~TTACHMENT # !'_ TO ~EPORJ # -º-9lii't-u, - (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. 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 (b) 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. (c) 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. (d) 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 20~ ¡ATTACHMENT # -~:~"-TõREPºRT #J2!.t~ DESIGN OF PREMISES ,- 7. 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) Ouring 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 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. (f) 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. (9) Every body-rub parlour and all fixtures and equipment therein shall be regularly washed and kept in a sanitary condition. (h) Every body-rub parlour shall be equipped with an effective utility sink. - 210 ---'"'~, 8 ATTACHMENT # h TO REPORT # C ~ ÌfI-Ob - (i) Adequate toilet and washroom accommodation shall be provided in accordance with the regulations set forth under the Ontario Building Code. ,~ (j) Washrooms shall be equipped with, , " (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. (m) 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. (n) 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. (0) 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. (p) 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 <. 9 2111 _. ATTACHMENT # b TO REPORT # C51lf o£ Licensing Officer with such drawings as may be required to ;ssess- 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". 1 O. 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. 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. 13. 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. 14. 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 31 st day of Oecember in the year of issuance, unless they are sooner forfeited or revoked. 15. 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. - 21?- ---..-.,,",- 10 ATTACHMENT # í TO REPORT #_ CS J -0 L 16. (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. 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; ,- (b) current valid photo identification, satisfactory to the Licensing Officer; (c) 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 (d) 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) 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. - (b) 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 213 - ATI-ACHMHJT ~f. J_ ..,.Jl~OHT ttC5 I Df: the applicant and signed by the licensed owner or licensed operator oft¡; body-rub parlour contained in the application. 11 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. - 23. 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) the full name of every partner and the address of ordinary residence; (b) the name or names under which they carryon 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. 24. 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. 25. 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 21 tl .- 12 . ATTACHMENT#~"PORT# CSlr-v/:) documents and shall file a statutory declaration, in writing signed by an 0 Icer of ~ corporation, which declaration shall state, (a) the full name of every shareholder and the address of ordinary residence; (b) 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. 26. 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. 27. The Licensing Officer shall, - (a) receive and process all applications for licences and renewal of licences to be issued under this By-law; (b) co-ordinate the enforcement of this By-law; (c) 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 Ourham 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; (f) issue licences to persons who meet the requirements of this By-law and suspend licences pursuant to the requirements of this By-law; and (g) 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. - 215 ATTACHMENT # ~ IO REPORT # C:J i~-Cb The Licensing Officer shall issue the licence only where, 13 28. ,,""""" (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; (e) the investigations do not disclose that the issuing of such licence may be adverse to the public interest; and (f) the Licensing Officer has no grounds to believe the applicant will not conduct himselflherself in accordance with the law or with honesty and integrity. 29. 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. - 30. 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. 31. 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. 32. 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 216 ,...""'.... ··.....""..;v, -06 14 ATTACHMENT t~ h TO REPORT #. 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 Oecember 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 Oecember 3151 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. - 15 ;;1'1 MENT (; TO REPORT # _ C :51 - Of. ATTACH # __-.-. ... ...--~~ - 36. 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, 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) a penalty in the case of a corporation, not to exceed $50,000.00; and (c) 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 him/her whether or not helshe is licensed under this By-law. 40. 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. 41. 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. 42. 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. 218 _'_""".".'" ATTACHMENT IF fo ! u IitPOAi'~! 53-06 16 - 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. 46. 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. 47. This By-law shall be known as the Body-Rub Parlour By-law. 48. By-law 5764/00, "A By-law respecting the licensing and regulating of body-rub parlours and attendants" shall be repealed effective January 16, 2006. 49. 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. Oavid Ryan, Mayor Debi A. Bentley, Clerk "- - ,......... - " .I 17 SCHEDULE "A" TO BY-LAW NUMBER xxx BodV-Rub Parlour Licence Fees: Owner/Operator: Owner who does not operate: Operator other than Owner: Attendant r' 219 '~".'.,"""""."'" '.'~,.« ATTACHMENT # b TO REPORT #CS 14 b $500.00 $250.00 $250.00 $150.00 For the term of any licence period expiring Oecember 31st of any year. t·.. {\ , .."" (., ,- ., 18 ATTACHMENT it to TO REPORT # C:> flI ~ - --'£--_..~... 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 Ii i ~ ~::;O=~--;;:~".N MON'iOM'O' .'0 ~ ~. ~r- ~ tt" fJ¡Tivl t~ , I lì J_L~-----~~,- "- ~ I JJ /~-- ---- ~-.." j ~~./~~~- '<:-~ '---'5 \\_ . J---- '~~-.J ~ -- j--- ~~1 :~-~: ,- PICKf':R'NG Gf:.NERAT'NG STA'nON LAKE ONTARIO '1' 'V - "Liúl o~ 221 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 15-06 Date: March 27,2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Statement of the Treasurer Respecting 2005 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies Recommendation: It is recommended that Council receive report CS 15-06, Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2005. Executive Summary: Section 284(1) of the Municipal Act 2001 states in part that the Treasurer of every municipality shall, in each year, submit to the Council of the municipality, an itemized statement of the remuneration and expenses paid to each Member of Council. The statement must also include remuneration and expenses paid to any other person who has been appointed by Council to serve as a member of any body. Financial Implications: None Background: Over the last few years this report has evolved to include various categories of expenditures that have been interpreted to be required under the new Municipal Act andlor financial reporting requirements of the Province of Ontario or professional accounting bodies. While the old Act was rather vague, the new one clarifies some aspects but still leaves others open to interpretation. In the interests of Council wanting to provide clear and transparent reporting of these expenses as required under the Act, changes were incorporated into this report, first year being 2003, and the 2004 budget format was revised. The reference in the Act to "...expenses paid...to ..." has been interpretated to also include expenses paid on behalf of a Member of Councilor appointee. For example, assume two Councillors incur the same registration expense to attend the same conference. One puts in on his charge card and seeks reimbursement from the City while the other has the City billed directly. There should be no difference in the reporting treatment due to the method of payment and this interpretation will f" f) "') ¿,..i.. Report CS 15-06 Date: March 27, 2006 Subject: Statement of the Treasurer Respecting 2005 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Boards Page 2 accomplish that. It also complies with what I believe is the intent of the legislation. The report excludes expenditures that are corporate in nature, for example school awards, promotional items and photography, and that are not directly associated with any individual Councillor. Council receptions, Committee meeting expenses and City Hall administration and overhead expenses are also excluded. Payments made by Veridian Corporation to Pickering Council appointees to the Board have been included. This comes about as a result of a review of the Act and enquiries made to Veridian and its legal counsel. While the Act refers to expenses paid, it is silent as to paid by whom. Furthermore, the Act also stipulates that any body to whom a Council appointment is made must provide the municipality with a statement of remuneration and expenses paid for the year. This has been interpreted to mean that this information must be included in the Treasurer's report to Council. Several other bodies to which Council makes appointments have also been included as an "other body" as required under the Act. However, the many community committees and groups that Councillors are appointed to have been excluded as, to the best of my knowledge, no remuneration or expenses are paid. The amounts paid by the Region of Durham to Regional Councillors are not included in this report. Attachments: 1. Remuneration and Expenses of Members of Council 2. Detailed Breakdown of 2005 Expenses 3. Remuneration and Expenses of Council Appointees 4. Remuneration and Expenses Paid by Veridian Corporation to Council Appointees 22:1 Report CS 15-06 Date: March 27, 2006 Subject: Statement of the Treasurer Respecting 2005 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Boards Page 3 Prepared By: Approved I Endorsed By: ~- .....'::> , , .' ·~c~:: ----C~. Avril Payne ~_/ Audit Analyst ,'~. . ..~.,- .~'." ._/7"'.-'~ -"""""'-:::0-., ....-- , /7<::'? ~, ~, ~;JII'l" ..t",;.",~~_ , _ ""~ _~ , '-GTllis A. Paterson - Oirector, Corporate Services & Treasurer GAP:ap Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council " " ò(' 224 en W UJ O::-IZ W-w 0::00.. ::>Z>< en::>W «00 WOZ o::~« I-_z U.OO Ou.- 1-01- Zen~ Wo::w :!Ewz wOO::J ~:!E:!E I-ww en:EO:: It) o o N "C _I s::1V_ IV.....~ ..0_ C)I- ã> >- IV~ .. - I- 0) u s:: IV- ..~ 0)- > 0) en :I-~ 0)- s:: 0) 00 N I/) E_ .~~ o .. 0) 0.. 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Q) I- 0 "C C/) >. :J W (I "õ I- ~ c: 0 - ~ z ..... - 227 Remuneration $ Expenses (8) $ Total $ Pickering Public Library Board (6) K. Ashe (7) O. Chaudhry (10) K. Cummings (7) J. Duncan (7) P. Irwin (7) J. Lucas (7) B. McLean (7) P. Savel (7) H. Van Leeuwen (9) 15 20 60 15 20 60 118 213 118 213 NOTES TO COUNCIL APPOINTEES: All paym&:lts are authorized under Council's adoption of the 2003 Current Budget. (1 ) Authority: By-law 5242/98 Municipal Act, 2001 Section 283 (2) Authority: By-law C-1 Municipal Act, 2001 Section 283 (3) Authority: By-law 6211/03 Municipal Act, 2001 Section 283 (4) Authority: By-law C-1 Building Code Act Section 15.6 (5) Authority: By-law 5873/01 Municipal Act, 2001 Section 283 (6) Authority: By-law 6211/03 Municipal Act, 2001 Section 283 (7) Council appointees for new term commencing Oecember 1 , 2003 (8) Expenses include conferences, travel and meeting expenses (9) Continuing member (10) By-law #6532/05 O. Chaudhry to replace K. Rathee (11) By-law #6597/05 J. Laider to replace A. Singh (12) Attendance at American Public Transit Association Symposium 228 ATTACHI"it if -. Xf # ß.. (s·-·· ¿) ç. STATEMENT OF TREASURER COUNCIL APPOINTEES VERIDIAN CORPORATION BOARD OF DIRECTORS 2005 REMUNERATION AND EXPENSES Remuneration Expenses (4) Total $ $ $ Veridian Corporation (1,2) Board of Directors (3) D. Ryan 10,174 10,174 M. Brenner (5) 10,487 331 10,818 B. McLean 10,174 973 11,147 D. Pickles 10,174 137 10,311 S. Trepanier 10.174 129 10.303 51 . 183 1.570 52.753 NOTES TO VERIDIAN CORPORATON BOARD OF OIRECTORS: (1) The above information was provided by the Vice President, Corporate Affairs, Veridian Corporation. (2) Remuneration and expenses are paid by Veridian Corporation as may be established by the Board of Oirectors. The term of office for the Board follows the calendar year therefore, the above expenses are for 12 months ending December 31,2005. (3) Appointed by Council under City of Pickering By-law 6211/03. (4) Expenses include conferences, meals and mileage. (5) Appointed by Resolution #107/04 to replace Councillor Holland. Includes remuneration for appointment as Vice Chair. 22~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 18-06 Date: March 27, 2006 From: Oebi Bentley City Clerk Subject: Sidewalk Snow Removal By-law - File: L-2200 Recommendation: 1. That Report CS 18-06 regarding a revised Sidewalk Snow Removal By-law be received; 2. That the attached draft by-law be enacted to require the removal of ice and snow from sidewalks 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: Due to changes in the Municipal Act 2001, the City of Pickering's Sidewalk Snow Removal By-law requires updating to reflect the current sections providing the authority to require property owners to clear ice and snow from sidewalks adjacent to their properties. The proposed by-law contains no major changes from the previous by-law. Financial Implications: NIA Background: The City of Pickering has utilized a by-law requiring property owners to clear ice and snow from sidewalks adjacent to their properties for a number of years. The by-law requires all sidewalks be cleared within 24 hours after the accumulation of ice or snow. The authority is provided for the City to remove the ice and snow at the property owner's expense if a notice to remove the ice or snow is not complied with in the time required. A charge of $75.00 is placed on a property owners tax bill if the City is ~:J\) Report CS 18-06 Date: March 27, 2006 Subject: Sidewalk Snow Removal By-law Page 2 required to clear the sidewalk adjacent to their property. This fee does not apply to seniors receiving snow removal services provided by the City. Attachments: 1. Oraft Sidewalk Snow Removal By-law Prepared By: Approved I Endorsed By: ~ch~ / Debi Bentley, ð City Clerk ~ß4 -::-~ ~ Gillis Paterson, Director, Corporate Services & Treasurer Copy: Chief Administrative Officer Recommended for the consideration of Pickering City~Council CORP0227 -07/01 231 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ~;\1 ",' ~1¡Ø\ '~:. .,\\'" .. \ ¡//'''''ì) V \¡) Being a by-law to regulate the removal of ice\] and snow from roofs and sidewalks. WHEREAS Section 122 of the Municipal Act, 2001 provides that a local municipality may require the owners and occupants of buildings to remove snow and ice from the roofs of buildings and may regulate when and how the removal shall be undertaken; and WHEREAS Section 130 of the Municipal Act, 2001 provides that a municipality may regulate matters relating to the health, safety and well-being of the inhabitants of the municipality. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this by-law, a) "City" means The Corporation of the City of Pickering; b) "person" includes any individual, firm, society, association, partnership or corporation; and c) "sidewalk" means any municipal walkway for the accommodation of pedestrians on that portion of a highway between the street line and the traveled portion of the highway. 2. Every owner of any building, either occupied or unoccupied, or vacant land within the boundaries of the City of Pickering shall clear away and remove or cause to be cleared away and removed any ice or snow from such sidewalks on the highways in front of, along side of or at the rear of any such building or vacant land within twenty-four (24) hours after the accumulation of such ice or snow. 3. Every owner of any building, either occupied or unoccupied, fronting or abutting on or erected so near to any highway that snow and ice mayor is likely to fall upon the highways from such building, shall, whenever snow or ice accumulates upon any portion of the building to an extent that is dangerous to the public using the highway, sidewalk or Jane way, remove the snow or ice forthwith therefrom. Every person while removing the ice or snow shall take sufficient and proper care and precaution for the warning and safety of persons passing. 4. The City may clear away and remove ice and snow from the sidewalks, on the highway in front of, along side or at the rear of any occupied or unoccupied 232 lJt) A\, . tj 'ti; building or vacant land if the owner or occupant fails to do so within the twenty- four (24) hour period set out in section 2 of this by-law, and the costs incurred may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as taxes. 5. No person shall sweep, shovel, throw, drop or place or cause to be swept, shoveled, thrown, dropped or placed any ice, snow or slush onto the traveled portion of any highway or onto any sidewalk. 6. No person shall remove or deposit ice, snow or slush in such a way as to obstruct access to any fire hydrant, crosswalk, bus stop or shelter or passage on any highway. 7. No person shall remove ice, snow or slush from a sidewalk in a manner that would damage any sidewalk or curb. 8. The provisions of this by-law may be enforced by a police officer pursuant to subsection 42(1 )(h) of the Police Services Act and municipal by-law enforcement officers appointed by the City pursuant to subsection 15(1) of the Police Services Act. 9. Every person who contravenes any section of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence as provided for in the Provincial Offences Act. 10. By-law Number 5597/99 is hereby repealed. BY-LAW read a first, second and third time and finally passed this _ day of 2006. Oavid Ryan, Mayor Debi A. Bentley, Clerk