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Home My WebLink AboutApril 10, 2006 Executive Committee Meeting Agenda Monday, April 10,2006 7:30 pm Council Chambers Chair: Councillor McLean 1. NO PRE-MEETING HAS BEEN SCHEDULED (I) ADOPTION OF MINUTES PAGES Meeting of March 27, 2006 1-11 (II) DELEGA TIONS a) Anthony Biglieri The Biglieri Group Ltd. Re: PD 27-06 Zoning By-law Amendment Application A29/05 b) Anthony Niceforo DOT Patio & Home Re: PD-27 -06 Zoning By-law Amendment Application A29/05 (III) MATTERS FOR CONSIDERATION PAGES 1. Director, Planning & Development, Report PD 19-06 Rougecrest Construction Inc. / Grand Oak Homes (Eastern Division) Inc. Plan of Subdivision 40M-1439 Rougecrest Construction Inc. / Headgate Investments Limited Plan of Subdivision 40M-1440 / Plan 40R-10805 Rougecrest Construction Inc. Plan of Subdivision 40M-1441 Final Assumption of Plans of Subdivision 12-23 That by-laws be enacted to: 1. Assume roads and services within Plan 40M-1439 (save and except from Blocks 75,80 and 82), Plan 40M - 1440 and Plan 40M-1441; Executive Committee Meeting Agenda Monday, April 10,2006 7:30 pm Council Chambers Chair: Councillor McLean 2. Amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1439, 40M-1440 and 40M-1441; and 3. Authorize the release and removal of the Subdivision Agreements and related Amending Subdivision Agreements from title relating to Plan 40M-1439 (save and except from Blocks 75, 80 and 82), Plan 40M-1440 / Plan 40R-1 0805 and Plan 40M-1441. 2. Director, Planning & Development, Report PD 21-06 Berkley Homes (Pickering) Inc. Plan of Subdivision 40M-2014 Final Assumption of Plan of Subdivision 24-31 That by-laws be enacted to: 1. Assume roads and services with Plan 40M-2014 (save and except from Blocks 29 and 32); 2. Amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-2014; and 3. Authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-2014 (save and except from Lots 8 and 9 and Blocks 30, 31 and 32). 3. Director, Planning & Development, Report PO 26-06 32-95 Official Plan Amendment Application OPA 02-004/P Zoning By-law Amendment Application A 21/02 Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey (Part of Lot 8, Concession 5, Parts 1, 2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickerinq 1. That Official Plan Amendment Application OPA 02-004/P, submitted by Bill & Ann Clancey, to amend the Pickering Official Plan to permit the development of a golf driving range on lands being Part of Lot 8, Concession 5, Parts 1,2 and 3, Plan 40R-16157, City of Pickering, be tabled, until such time as an Environmental Assessment for the Westney Road By-pass is complete; Executive Committee Meeting Agenda Monday, April 10, 2006 7:30 pm Council Chambers Chair: Councillor McLean 2. That Zoning By-law Amendment Application A 21/02, submitted by Bill & Ann Clancey, to amend Zoning By-law 3037 to permit a golf driving range on lands being Part of Lot 8, Concession 5, Parts 1, 2 and 3, Plan 40R- 16157, City of Pickering, be approved as revised, as a temporary use for an initial period of three years, subject to the conditions outlined in Appendix I to Report PD 26-06; and 3. That Council recommend to the Minister of Municipal Affairs and Housing that Minister's Zoning Order Application 18-Z0-0293-01 to permit a golf driving range be approved as revised, to permit the golf driving range as a temporary use subject to the conditions outlined in Appendix II to Report PD 26-06. 4 Director, Planning & Development, Report PD 27-06 Zoning By-law Amendment Application A 29/05 2075729 Ontario Inc. 1962 Guild Road and 1640 Kingston Road (Part of Lots 1 & 2, Plan 316 and Part of Lot 20, Concession 1) City of Pickerinq 96-121 1. That Zoning By-law Amendment Application A 29/05 be approved, as set out in the draft by-law attached as Appendix I to Report PD 27-06, to amend the existing zoning on the subject property to permit limited retail and commercial uses including a patio furniture outlet and an antiques market for a temporary period of three years, on lands being Part of Lots 1 & 2, Plan 316 and Part of Lot 20, Concession 1, City of Pickering; 2. That the applicant's request to permit the full range of uses permitted under Section 12, "C2" - General Commercial Zone, By-law 3036, as amended, be denied; and 3. That the amending zoning by-law to implement Zoning By-law Amendment Application A 29/05, as set out in Appendix I to Report PD 27-06, be forwarded to City Council for enactment. 5. Director, Operations & Emergency Services, Report OES 01-06 122-129 Quotation Q-7-2006 Quotation for Street Liqhtinq - Capital Installation 1. That Report OES 01-06 regarding Street Lighting Capital Installation be received; Executive Committee Meeting Agenda Monday, April 1 0, 2006 7:30 pm Council Chambers Chair: Councillor Mclean 2. That Quotation Q-7-2006 submitted by Dundas Power Lines Limited for Street Lighting Capital Installation in the amount of $116,630 (GST included) be accepted; 3. That the total gross project cost of $130,527 (GST included) and a net project cost of $121 ,988 including the above quotation amount and other project costs identified in this report be approved; and 4. That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. 6. Director, Operations & Emergency Services, Report OES 16-06 130-133 Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc., 500 Rosebank Road, Pickering, Part Lots 82, 83 & 84 on Plan 350 File: A-2130 1. That Report OES 16-06 regarding an encroachment agreement be received; 2. That the request by Web-Tech Safety Products Inc. (the "Owner") to encroach upon the Milton Road road allowance (the "Highway") be approved; and 3. That the Mayor and the City Clerk be authorized to sign an encroachment agreement with Web-Tech Safety Products involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. 7. Director, Operations & Emergency Services, Report OES 17-06 134-137 Encroachment on City of Pickering lands, Milton Road road allowance Harold Lloyd Ferguson and Carol Ferguson, 503 Oakwood Drive, Pickering,. Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-11951 File Ä-2130 1. That Report OES 17-06 regarding an encroachment agreement be received; Executive Committee Meeting Agenda Monday, April 1 0, 2006 7:30 pm Council Chambers Chair: Councillor McLean 2. That the request by Harold Lloyd Ferguson and Carol Ferguson (the "Owners") to encroach upon the Milton Road road allowance (the "Highway") be approved; and 3. That the Mayor and the City Clerk be authorized to sign an encroachment agreement with Harold Lloyd Ferguson and Carol Ferguson involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. 8. Director, Operations & Emergency Services, Report OES 18-06 138-141 Encroachment on City of Pickering lands, Milton Road road allowance Monica Porter, 481 Oakwood Drive, Part Lot 110 on Plan 350 File: A-2130 1. That Report OES 18-06 regarding an encroachment agreement be received; 2. That the request by Monica Porter (the "Owner") to encroach upon the Milton Road road allowance (the "Highway") be approved; 3. That the Mayor and the City Clerk be authorized to sign an encroachment agreement with Monica Porter involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. 9. Director, Operations & Emergency Services, Report OES 19-06 Extension of Encroachment 1 Licence Agreement between Gerard Cryan and Lorrie Cryan and City of Pickering upon lands Known as Block 50, Plan 40M-1627, Pickering File: A-2130 142-145 1. That Report OES 19-06 regarding the extension of an Encroachment 1 Licence Agreement be received; 2. That the request by Gerard Cryan and Lorrie Cryan, collectively called "Cryan" to encroach upon the land known as Block 50, Plan 40M-1627 be approved; and 3. That the Mayor and the City Clerk be authorized to sign an Extension Agreement with Gerard Cryan and Lorrie Cryan involving City lands, Executive Committee Meeting Agenda Monday, April 10, 2006 7:30 pm Council Chambers Chair: Councillor McLean subject to certain terms and conditions as set out in the Extension Agreement prepared by the City Solicitor. 10. Director, Operations & Emergency Services, Report OES 20-06 146-149 Extension of Encroachment 1 Licence Agreement between Caryn Johnston and John Johnston and City of Pickering upon lands Known as Block 50, Plan 40M-1627, Pickering File: A-2130 1. That Report OES 20-06 regarding the extension of an Encroachment 1 Licence Agreement be received; 2. That the request by Caryn Johnston and John Johnston, collectively called "Johnston" to encroach upon the land known as Block 50, Plan 40M-1627 be approved; 3. That the Mayor and the City Clerk be authorized to sign an Extension Agreement with Caryn Johnston and John Johnston involving City lands, subject to certain terms and conditions as set out in the Extension Agreement prepared by the City Solicitor. 11. Director, Corporate Services, Report CS 12-06 Section 354 of the Municipal Act - Write-off of Taxes 150-152 1. That Report CS 12-06 of the Director, Corporate Services & Treasurer be received; 2. That under the authority of the Municipal Act, 2001, Section 354(3) provides for the write-off of property taxes due to an unsuccessful tax sale; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 12. Director, Corporate Services, Report CS 13-06 Section 357/358 of the Municipal Act- Adjustment to Taxes 153-155 1. That Report CS 13-06 of the Director, Corporate Services & Treasurer be received; Executive Committee Meeting Agenda Monday, April 10,2006 7:30 pm Council Chambers Chair: Councillor McLean 2. That the write offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 13. Director, Corporate Services, Report CS 21-06 Cash Position Report as at December 31 . 2005 156-165 That Report CS 21-06 from the Director, Corporate Services & Treasurer be received for information. (IV) OTHER BUSINESS (V) ADJOURNMENT Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson PRESENT: Mayor Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn - Chief Administrative Officer E. Buntsma - Director, Operations & Engineering Services N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer A. Allison - City Solicitor D. Bentley - City Clerk T. Melymuk - Division Head, Corporate Projects & Policy present for part of meeting C. Rose - Manager Policy (I) ADOPTION OF MINUTES Moved by Councillor Brenner Seconded by Councillor Ashe Meeting of February 27, 2006 CARRIED Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Cham bers Chair: Councillor Johnson (II) DELEGATIONS 1. Gord Weeden, Chair, Rouge Park Alliance Re: Rouqe Park Successes. Vision and Movinq Forward Mr. Gord Weedon and Mr. Lewis Jaeger of Rouge Park Alliance appeared before the Committee to outline Rouge Park Alliance successes, vision and moving forward, with the aid of a PowerPoint presentation. The presenters made specific reference to Rouge Parks' unique contributions to the GT A eco systems and the fact that over two million dollars in seed funding had been provided to groups and in turn, the groups obtained matching funding. In summary, Mr. Jaeger requested Council to aggressively ask the Federal and Provincial governments to dedicate their public lands that were awarded for this purpose to Rouge Park. A question and answer period ensued. 2. Inspector Jim Douglas Durham Regional Police Service Re: CS 14-06 Chanqes to Proposed Bodv Rub Parlour Bv-Iaw Inspector Jim Douglas of the Durham Regional Police Service appeared before the Committee in support of the final draft body rub parlour by-law as presented by the City Clerk in correspondence dated March 24, 2006. He thanked staff for the co- operative effort in developing the body rub parlour by-law. 3. Dan Dragan Gavrilovic, Barrister & Solicitor Solicitor Representing a number of Commercial Tenants at 1050 Brock Road, Pickering Re: PD 22-06. Zoninq By-law Amendment Application A22/05 Mr. Gavrilovic, Barrister & Solicitor, appeared before the Committee representing two commercial tenants at 1050 Brock Road. He expressed concern that the notice requirements under the Planning Act were not adhered to; along with the fact there was no signage on the property. He stated that simply due to this, the application should not be approved. He further advised that under the Municipal Act, the definition of an Adult Entertainment Establishment was very well defined and there was a misrepresentation by the applicant at the January 19, 2006 Statutory Public Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson Information Meeting, wherein it was stated that the services offered included children. In summary, Mr. Gavrilovic advised that the application should be denied. 4. Samantha Keser, Barrister & Solicitor Solicitor Representing an Interested Party Re: PD 22-06, Zoning By-law Amendment Application 22/05 And CS 14-06 Chanqes to Proposed Bodv Rub Parlour Bv-Iaw Ms. Samantha Keser, Barrister & Solicitor, appeared before the Committee on behalf of Christoper Trzinski, the applicant for a body rub parlour rezoning for property municipally known as 1630-1634 Bayly Street. Ms. Keser stated that the misrepresentation of facts by the applicant at the January 19, 2006 Statutory Public Information meeting, such as catering to mental health and offering services to men, women and children was indicative that in terms of the draft body rub parlour by- law, the applicant would not be operating a 'legal and honest operation'. She referenced a number of sections of the proposed by-law in relation to the comments made at the public meeting. Ms. Keser further expressed concern that until recently, her client was not aware of any license restrictions, ie.: only 3 available in the new by-law and further stated that her client had not been provided a sufficient turnaround time of 30 days for the hearing of his application at a public meeting. In summary, Ms. Keser requested that the rezoning application for 1050 Brock Road be denied. (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 Pickering The Chair advised that a meeting was scheduled with the Store Manager for March 28, 2006 for the purpose of reviewing concerns related to garbage and shopping carts throughout the parking lot at the subject site. Mr. Franco Cirelli, Store Manager was in attendance in order to answer any questions or concerns of the Committee. Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson Moved by Councillor Ashe Seconded by Councillor Brenner 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-19801, Parts 3, 4, 5, 6, 7, 8, & 10), in the City of 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. CARRIED 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 Moved by Councillor Dickerson Seconded by Mayor Ryan 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 Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson 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. CARRIED 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 A question and answer period ensued. Based on the delegations heard earlier in the meeting, staff were requested to confirm that the notice provisions under the Planning Act and the appropriate signage notifying of the application were adhered to. Moved by Councillor Dickerson Seconded by Councillor Brenner 1. That Zoning By-law Amendment Application A 22/05 be denied, 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. CARRIED 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 Executive Committee Meeting Minutes Monday, March 27,2006 8:00 pm Council Chambers Chair: Councillor Johnson Mr. Bob Martindale, planning consultant for the applicant, appeared before the Committee in support of Report PD 23-06, save and except a minor modification request within the draft by-law. Mr. Martindale requested that the northerly portion setback be amended to 4.4 metres instead of 4.5 metres. Discussion ensued on this matter and it was the consensus of the Committee that the request was minor in nature, however, staff were requested to contact the northerly abutting property owner to ensure they were made aware of the change. Moved by Councillor Pickles Seconded by Councillor Dickerson 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, as amended, be forwarded to City Council for enactment. CARRIED 5. Director, Planning & Development, Report PD 24-06 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 General discussion ensued on this matter. Moved by Councillor Ashe Seconded by Mayor Ryan 1. That Council receive Report PD 24-06 of the Director, Planning & Development as the City's comments on the Recommended Directions Report for Population, Employment and Urban Land, dated January Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson 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 Durham Regional Official Plan to implement the Recommended Directions 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 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 Downtown 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; Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson · 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 Dixie 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 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. CARRIED LATER IN THE MEETING (See Following Motion) Moved by Councillor Pickles Seconded by Councillor Ashe That Item #2 of the main motion be amended by adding after '(lands outside of the Greenbelt Plan)', the following; 'considering Provincial Plan designations including the status of the lands under the recommended Places to Grow plan. MOTION LOST The main motion was then put to a vote and CARRIED. Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson 6. Director, Operations & Emergency Services, Report OES 15- 06 Draft Regional Trail Network Durham Trail Coordinating Committee (DTCC) File A-2130 Moved by Councillor Pickles Seconded by Mayor Ryan 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 CARRIED 7. Director, Corporate Services & Treasurer, Report CS 14-06 Changes to Proposed Body Rub Parlour By-law L-2314 A detailed question and answer period ensued. Staff and the Durham Regional Police Services were commended for their assistance with the development of a comprehensive, model by-law governing body rub parlours. A. Allison, City Solicitor provided clarification with respect to the legal ramifications of limiting the number of body rub parlour licences and rezoning applications that were currently being considered by the City. D. Bentley, City Clerk, in response to questions raised, provided clarification with respect to the rationale for three licences. She advised that in consultation with Municipal Law Enforcement staff, three licences was considered reasonable in terms of monitoring and enforcement of the establishments. She advised that the Municipal Law Enforcement staff actively monitored the City in relation to body rub parlours. Moved by Mayor Ryan Seconded by Councillor Pickles Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson 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 presented by the City Clerk in a memorandum dated March 24, 2006 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. CARRIED LATER IN THE MEETING (See Following Motion) Moved by Councillor Ashe Seconded by Councillor Dickerson That the draft by-law noted in Item #3 of the main motion, be amended by changing Item #10 of the draft by-law to reflect four (4) instead of three (3). MOTION LOST The main motion was then put to a vote and CARRIED. 8. Director, Corporate Services & Treasurer, Report CS 15-06 Statement of the Treasurer Respecting 2005 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Other Bodies Moved by Councillor Ashe Seconded by Councillor Pickles 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. Executive Committee Meeting Minutes Monday, March 27, 2006 8:00 pm Council Chambers Chair: Councillor Johnson CARRIED 9. Director, Corporate Services & Treasurer, Report CS 18-06 Sidewalk Snow Removal By-law File: L-2200 Moved by Councillor Dickerson Seconded by Councillor Ashe 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. CARRIED (IV) OTHER BUSINESS a) Councillor McLean and Councillor Ashe gave notice of their intention to present a Notice of Motion with respect to Library funding at the next meeting of Council. b) Councillor Brenner requested staff to review the position(s) taken by Council in the past with respect to transport I exporting of garbage within the City of Pickering boundaries. Discussion ensued with respect to a report being presented to City of Toronto Council on April 28, 2006 and any scheduled presentations / reports, prior to that date to the City of Pickering. It was the understanding of staff that a presentation by City of Toronto staff would be made at the April 1 0,2006 Management Forum and based on further discussion, staff were requested to report back on this matter at the April 18, 2006 meeting. (V) ADJOURNMENT The meeting adjourned at 10:27 pm. REPORT TO EXECUTIVE COMMITTEE Report Number: PD 19-06 Date: April 10, 2006 From: Neil Carroll Director, Planning & Development Subject: Rougecrest Construction Inc. / Grand Oak Homes (Eastern Division) Inc. Plan of Subdivision 40M-1439 Rougecrest Construction Inc. 1 Headgate Investments Limited Plan of Subdivision 40M-1440 1 Plan 40R-10805 Rougecrest Construction Inc. Plan of Subdivision 40M-1441 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: 1. assume roads and services within Plan 40M-1439 (save and except from Blocks 75,80 and 82), Plan 40M-1440 and Plan 40M-1441; 2. amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1439, 40M-1440 and 40M-1441; and 3. authorize the release and removal of the Subdivision Agreements and related Amending Subdivision Agreements from title relating to Plan 40M-1439 (save and except from Blocks 75, 80 and 82), Plan 40M-1440 1 Plan 40R-10805 and Plan 40M-1441. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1439, 40M-1440 and 40M-1441, which agreements were subsequently amended. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements and Amending Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Report PO 19-06 Date: April 1 0, 2006 Subject: Final Assumption of Plans of Subdivision 40M-1439, 40M-1440 and 40M-1441 Page 2 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1439, 40M-1440 and 40M-1441, which agreements were subsequently amended. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements and Amending Subdivision Agreements. The assumption of Plans 40M-1439, 40M-1440 and 40M-1441 and the release of the Subdivision Agreements and related Amending Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements and related Amending Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: 1. assume roads and services within Plan 40M-1439 (save and except from Blocks 75,80 and 82), Plan 40M-1440 and Plan 40M-1441; 2. amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1439, 40M-1440 and 40M-1441; and 3. authorize the release and removal of the Subdivision Agreements and related Amending Subdivision Agreements from title relating to Plan 40M-1439 (save and except from Blocks 75, 80 and 82), Plan 40M-1440 1 Plan 40R-10805 and Plan 40M-1441. Attachments: 1. Location Map - Plan 40M-1439 2. Location Map - Plan 40M-1440 3. Location Map - Plan 40M-1441 4. By-law to assume roads and services within Plan 40M-1439 (save and except from Blocks 75,80 and 82), Plan 40M-1440 and Plan 40M-1441 5. By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1439, 40M-1440 and 40M-1441 6. By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title relating to Plan 40M-1439 (save and except from Blocks 75, 80 and 82) 7. By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title relating to Plan 40M-1440 and Plan 40R-10805 8. By-law to authorize the release and removal of the Subdivision Agreement and related Amending Subdivision Agreement from title relating to Plan 40M-1441 Report PD 19-06 Date: April 10,2006 Subject: Final Assumption of Plans of Subdivision 40M-1439, 40M-1440 and 40M-1441 Page 3 Prepared By: Approved I Endorsed By: D~ ~~~ator Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Counc.U /' Recommendation approved: Chief Administrative Officer Director, Corporate Services & Treasurer Director, Operations & Emergency Services Director, Planning & Development City Clerk mACHMENT#~ J TO I REPORT # PO Of - 0 ~ ~\ Ë~d~ '\ \~ ~ ~~f-- - CROSS ~ f-- - - Y': f-- () )~ Q .\ \Uf'/\Jt.n<;HILL f-- ~ - - - S I ~ ~~~§~~ g~~ ~ ~ ð I ~NE: ~ f// \ æ :== - ~ BAGGINS ~ ~ BROO/( ~- ~- ~~ D - -"'f-- f----, - ~- LYN~ Ë l1- -<1 CRT ~ ^ -1-ú~ / I -!JJh ~ 1 Ill*- PEPP-f:R ~I== - or- i-( r-- _ ~i--1= U¡--- ),.- ¡- ~ I- - o~ I--- - 0 h"t1 LL,/ /1-- ~ ~ - O~ I.- ",1J.11 /' -", 0 - C- I-- - _ r µLll. _ _ -o~ - - fD 1AWNB("\- ùr- GATE I-- ;.u ;.u - 1 11 2 - 8 ;.u- V ==~- ^ ~~-<C= c-- J: ,-- I}¡-- S1. ~ U (j~ N;ff£~J~ENUE ¡=:: ~ - I-- ::J - f-- I-- 0 r--I-- == ~ _ ~ McBRADY ~r- f--6 - r-- 2 I ~f-- ~I- r - ~ W _'-- I f-- r- ~= I-- 0 >- IJ;f-- VI-- -1--:t.V - 8 ~ _ ~ == . /1/ /f-- vI-- ~v-~~-.G~ f-~ ~~~~ ~0-- (' ~ ~ ~ ALF ~ ÞilP ~ r 1~S:?~ I A-!v. ~~/ III = I City of Pickering Planning & Development Department PROPERTY DESCRIPTION 40M-1439 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION o 0 ~Durc..: ~ Teranet Enterpri... Inc. and a. auppli.r.. All riQhta R..or",.d. Not D pion of aurYe)'. 2005 MPAC and it. aUDpli.".. All riÕhta Ra..ryed. Not 0 pion or Survey. '~ ~r!/"'" I==: )~ 1= r-- ~ '-- II~ - f---- U o _VJ U '---- W ~ '---5 6-- ____ (J) ;:=v 1 T~\--'"" ~ ~ ~ '0(\ - ~ ) C/})~ç..f- 1---2 f-- _æ I-- _0 I-- J: I- .q: æ .q: SUBJECT SUBDIVISION h ~ I, ) C) \ \ I ~ o o ¡r ill -( ~ DATE JAN. 16, 2006 DRAWN BY JB SCALE 1 :5000 CHECKED BY DB l' PN-13 ATTACHMENT #_ ,::l TO REPOR1 # po---1!i::-_Q <£__>< PARTS 1 6 40R·108 P5 I -\ //1-'/ :..- ~ .., 'I( ~ ~I-- I- \-II ir~ ,,¿ l r-g§ ~ I- 8¡---- I \ I 1 - (/') tr ~ = ¡---- p ITlI ~ ~== ~ r- 8 t= am-GATE !D TAWN ¡---- =¡-- 2 :--. I 2~ ~ ~:= -=~ SUBJECT V II ~ ~ ~ ~ l--V -< \:::r--- I- ~ SUBDIVISION i== ~ r- ~/? sr:- < :::=¡ ° 't,I,.'{f¡ <í J <- f-fcI~ / - I- 1---1 'I^' r== ~ r- d C/:: !--- ° W ,..........-' .---""-- - -- > ,-- I- == == ~ McBRADY "" - I_ - - [II . "'- 1-J--:2 - - ~ U1 ¡-- r_ I-r- ~a -~ ~ ¡---- -< 0 m f-- G('V:::::j1- - a ~ ALFV- ~' ~~ M?= nìTK) All. ~?i/ n I = I City of Pickering Planning & Development Department ~~s ,\ Ë~=i ~ ~\ ~ ~ I \S v ~). ~r-- f--. _ CROSS ¡---- ,~ r-- 0 f-- -n;) ~\ \IJN1 JI:.IRH}lL r-- ¡;g I- \ ~~=gf-- )~ =2 - r-- ¿ -j t--- "-.. r-- I- - g I~~ ~ [T~ ~=~ "'/Vt) 4' (¡ (' / 1 L II 1// AGGINS ì¿ f-- ~\=~= y--~- LYN~ == ~RT = - - §2 ~ -; ~ )Ç:. ).70 z~ \ cr " .~ " b::;:;;N';( ^ r- ~ !--y )/~ 1= - f-- () 8 f-- - C/¡ I W I- f-- - cr :::J 1° ---- ~~::=- ~ ~ ~ ~~ ~ \(\ ) } J'¡; ~ C' ~ <"<"-1- - - ~ ~ ~) ~ o o 0:: m \ \ ) ( ~ PROPERTY DESCRIPTION 40M-1440 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE JAN. 25, 2006 DRAWN BY JB SCALE 1:5000 CHECKED BY DB l' o a _ :",~Jrc..: 18- Teran.t Entorpr¡a..a Inc. and it. auppli.,-.. All right. R.....v.d. Not 0 pion of .urvoy. liS 2005 MPAC ond its supøliers. All rights Reserved. Not a plan of Survey. PN-13 itrr,t\CH, MEN1 #~-~O fìEPOR" ~' PD .jû -. ' \ IX ~ ,,^~~Ñ ~ oc .-A1'~\ ~_ ~--.: í1 r o / /<- UJ t= U_ I~ ~/ }--:;d ~ f-.- 0 <.(r./' ,." is t= '-- - = P I.. :::::- -i _ ¡.a..:__ L--.. òIrn]G 5J TAWN - f.- - Z - SUBJECT ATE z.='-- ~ ~ = =t= ¡§ SUBDIVISION V lllt=~t= -~===1'--<-~ _L-~ t=~~1- ~~~~'sT. ~ þU /¡!J Ki J I J- ~£i~, --.: . t..:= Q I---L.~J l~^ §~ f-.- / ....J I~ I-- U w --- ____ ". I-- _ > " I-- ~ :I == t= - iš McBRADY "'I-- -:= ~ - == 3 ~ I f-- ~I-- '=< = - co - >- f-- 01-- / I--- "):V I-- _ (D '-- ///1-- :.-~ ~v <6c0~~-f--~ ~L-J~t= ~\ ~ ~ rr ~*s?t= rrìlt\? ~v. ~~/ I III t= I City of Pickering Planning & Development Department ~§%\/Ë~d ~ \\\JJ0 - ~ \.... ~ -- 1\ \.Ÿ , _ ~ ¡- _ - CROSs .- 'ž, , \ I-- () _ \ø \ \L)N(:f[IRHILL f-- ~ - \ .->1 '!;~/=~ 7() ~' r--==2= -U='~ ~- - [ UlNt- - ~ I í/ ~ ~~ ~ AGGINS ¿ I j¡-- I-- -UJI-- ~\~~l= ~y~ ~f-- ~.....t=::iLYt{M'J::r. Ë n1- 4¡;~ ~CRT Ë IÂ l'ú(- / I ~J'~~~)..:..- TII yc- - ~ 00 ~ ~ "'-i ~ ê:. >s ~ð ~~ oc t= E " t---~1:Yì~...... I-- II- I-- ~ 1=- - I-- () o '--- C/J U I-- UJ ~ ~_oc ::J U ----- ~:::t:: ~ Y~\---- \ ~ <6 "i '6(\ ~ C".p¢'¢',f- - - ~ ~) t \ ) ~ () o ct: rn ~ PROPER1Y DESCRIPTION 40M-1441 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE JAN. 25, 2006 DRAWN BY JB SCALE 1 :5000 CHECKED BY DB l' ~.O!.O ::.;o...,.c..: Toranot Enterpri.e. Inc:. and it. auppli.r.. All riQhta Re..rved. Not 0 pion of ."''-vey. 2005 ,",PAC ana it. aL.u~pJj.r.. All riCht. Roseryea. No' 0 ....Ian of Survey. PN-13 '~::~\,!:!-!P~Ei'\!,T # _~. TO, ¡"'.'\ i',' ¡, p¡ 1 - I' ...... ,,' r ".. .. ,I..i' ___.............. ..~____ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume the roads as public highways and the s,,' within Plan 40M-1439 (save and except frGÍ';,nd 82), Plan /:', ~¡"'" ~";iJ- - ., 40M-1440 and p'!'à 0 under the jurisdiction of the City of Pickering':" WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1439, 40M-1440 and 40M-1441; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1439 (save and except from Blocks 75, 80 and 82), Plan 40M-1440 and Plan 40M-1441, or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. 2. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-1439 (save and except from Blocks 75, 80 and 82), Plan 40M-1440 and Plan 40M-1441, or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. 3. In sections 1 and 2, the phrase "lands that are... owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. AT1 J.\CHI\f¡ENT II 4- TO FŒPOfrr k PD "t q - Qk..__.. 4. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Chapman Court, Dellbrook Avenue and Pepperwood Gate, Plan 40M-1439 · Arathorn Court, Baggins Street, Melman Street and Tawnberry Street, Plan 40M-1440 · Baggins Street, Lynmar Court, Melman Street, Meriadoc Drive and Tawnberry Street, Plan 40M-1441 BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. David Ryan, Debi A. Bentley, City Clerk ATTACHMENT#~_",5 TO REPOR"r fj PO ¡OJ - 0 ~_., THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation §V·· . ensing of places of amusement, by ad,ci1~"~}',~treets within Plans 40M-1439, 40M- ."rrv1-1441, City of Pickering. . WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Chapman Court, Dellbrook Avenue and Pepperwood Gate, Plan 40M-1439; (b) Arathorn Court, Baggins Street, Melman Street and Tawnberrry Street, Plan 40M-1440; and (c) Baggins Street, Lynmar Court, Melman Street, Meriadoc Drive and Tawnberry Street, Plan 40M-1441 , all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. Debi A. Bentley, City Clerk 4.n".0.., .,! U ti PD .... ."" ......19.:.:: ,Q(';L., THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to au of the Subdivision . Subdivision Agree (save and except from Pickering, from title. rize the release and removal ~elated Amending Ian 40M-1439 5, 80 and 82), WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Rougecrest Construction Inc. entered into a Subdivision Agreement dated June 2, 1986, Notice of which was registered on December 8, 1986 as Instrument No. L T301266 respecting the development of Plan 40M-1439 and which Agreement was amended by Grand Oak Homes (Eastern Division) Inc. on April 17, 1989, Notice of which was registered on May 3, 1989 as Instrument No. L T446888, respecting the development of Block 74, Plan 40M-1439, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1 . The Mayor and City Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated June 2, 1986, Notice of which was registered as Instrument No. L T301266, save and except from Blocks 75, 80 and 82; and (b) the amending Subdivision Agreement dated April 17, 1989, Notice of which was registered as Instrument No. L T446888, between Rougecrest Construction Inc. 1 Grand Oak Homes (Eastern Division) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1439, Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. Debi A. Bentley, City Clerk -;¡ t' «"«>,,,,,~~"«o,"<" Ef.PíJRi 11 PD_.1!..î- Q(P . THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to auJ of the Subdivision Ä , < Subdivision Agreement respecting Pickering, from title. ~¡and removal ed Amending Ian 40M-1440, WHEREAS pursuant to the Planning Act, RS.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Rougecrest Construction Inc. entered into a Subdivi~ion Agreement dated June 2, 1986, Notice of which was registered on December 8, 1986 as Instrument No. L T301269, respecting the development of Plan 40M-1440, Pickering; and WHEREAS which Agreement was amended by Headgate Investments Limited on February 15, 1988 to provide for the coordinated development of Blocks 85, 86, 87, 88, 89 and 90, with Parts 1 to 6, inclusive, Plan 40R-10805, Notice of which was registered on March 11, 1988 as Instrument No. L T374611; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and City Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated June 2, 1986, Notice of which was registered as Instrument No. L T301269; and (b) the amending Subdivision Agreement dated February 15, 1988, Notice of which was registered as Instrument No. L T374611, between Rougecrest Construction Inc. 1 Headgate Investments Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1440, Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. Oebi A. Bentley, City Clerk r¡j' ß....... fO ·lq';,Ó~,,- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to/ of the Subdivision Agr Subdivision Agreement res c Pickering, from title. , release and removal I§\ted Amending 'Ian 40M-1441, WHEREAS pursuant to the Planning Act, RS.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Rougecrest Construction Inc. entered into a Subdivision Agreement dated June 2, 1986, Notice of which was registered on December 8, 1986 as Instrument No. L T301283 respecting the development of Plan 40M-1441 and which Agreement was amended on June 5, 1989, Notice of which was registered on June 26, 1990 as Instrument No. L T508689, respecting the development of Blocks 63, 64 and 65, Plan 40M-1441, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and City Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated June 2, 1986, Notice of which was registered as Instrument No. L T301283; and (b) the amending Subdivision Agreement dated June 5, 1989, Notice of which was registered as Instrument No. L T508689, between Rougecrest Construction Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1441 Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. David Ry Debi A. Bentley, City Clerk Ciú¡ (]~ REPORT TO EXECUTIVE COMMITTEE Report Number: PD 21-06 Date: April 1 0, 2006 From: Neil Carroll Director, Planning & Development Subject: Berkley Homes (Pickering) Inc. Plan of Subdivision 40M-2014 Final Assumption of Plan of Subdivision Recommendation: By-laws should be enacted to: 1. assume roads and services within Plan 40M-2014 (save and except from Blocks 29 and 32); 2. amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-2014; and 3. authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-2014 (save and except from Lots 8 and 9 and Blocks 30,31 and 32). Executive Summary: The City entered into a Subdivision Agreement with the above-noted developer for the development of Plan 40M-2014. As the developer has now completed all works and services within this Plan to the satisfaction of City staff, it is now appropriate to assume the M-Plan under the jurisdiction of the City and release the developer from the provisions of the Subdivision Agreement. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Background: The City entered into a Subdivision Agreement with the above-noted developer for the development of Plan 40M-2014. As the developer has now completed all works and services within this Plan to the satisfaction of City staff, it is now appropriate to assume the M-Plan under the jurisdiction of the City and release the developer from the provisions of the Subdivision Agreement. The assumption of Plan 40M-2014 and the release of the Subdivision Agreement must be acknowledged by the enactment of various By-laws, assuming the roads and services within the Plan, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreement from title. Report PD 21-06 Date: April 10,2006 Subject: Final Assumption of Plan of Subdivision 40M-2014 Page 2 Accordingly, it is recommended that the following By-laws be enacted to: 1. assume roads and services within Plan 40M-2014 (save and except from Blocks 29 and 32); 2. amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-2014; and 3. authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-2014 (save and except from Lots 8 and 9 and Blocks 30, 31 and 32). Attachments: 1. Location Map - Plan 40M-2014 2. By-law to assume roads and services within Plan 40M-2014 (save and except from Blocks 29 and 32); 3. By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-2014 4. By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-2014 (save and except from Lots 8 and 9 and Blocks 30,31 and 32) Prepared By: Approved I Endorsed By: J~~ ' , Den¡seoB~e. oordinator Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ,/ Report PD 21-06 Subject: Final Assumption of Plan of Subdivision 40M-2014 Date: April 1 0, 2006 Page 3 Recommendation approved: Chief Administrative Officer Director, Corporate Services & Treasurer Director, Operations & Emergency Services Director, Planning & Development City Clerk -~ '" , - . ,3" Ë ~ ')J ~ t= lllnD~ ' w BR60KRIDGE c,~~x.. "- ~ II \ 1 O"$-h \1 f- ~ I--- f- l- I VJ¡ I ~L-l-- ~ J ~GSíO~ .---w n ~ \<.\~ ..--.-- ~ l--l..- ~ - ~ r~_~ ~ .-- VL--"" SUBJECT J~"- .............-V v~ SU,,VIS/ON ~ ~ ~a\ l--. -~- --- ~~-- ~ o~ --, RONTIE~~ Ë ¡";I~L R ;J~ I- z- ~- ~þo.-{ ./ \ y..\Go(\ ~ ~1l nTl I TOYNEVALE ROAD ,..~- LLI- ~~-L ....... I--g¡ 0- v~ 1--8 W I-- ~ - \. ~ \. ::J \. 0 " ~ \. g '\ ~ ~ - - - - - - - v-. -5 I ,.- ".- }~ /1 / v- ~ ATlACHMUn #_ TO 'C""'l . P··, :t' Q I r.'r' ,,'dh. I' . u ,,__. f" - ~IZ...__ I ~J \~V 1,:51 \ 18\. "- ROUGE HILL ~ -f \ ~ ~-r--... {J <¿-O /ì '-.: '" l TOYNEVALE -L ~~- - COURT')- II F T I -I- I--~' /_~ - /f--~ - Vf--Ô I- Z W U If) W æ u W ~~ DRIVE F « ...J I « o - o o W ...J ~-~ - 7 J - I f-- I MAITLAND DRIVE : ~ I If) « - - 1--?;;~ I ~ ~z ::J o I--- ::¡¡ R " City of Pickering PROPERTY DESCRIPTION 40M-2014 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION ~ f-- o è§ a::: ~ F==rT ROAD T f-- :x:: z « CD w ~~ [[1 l(j lJ. Planning & Development Department DATE MAR, 1, 2006 DRAWN BY JB SCALE 1 :5000 CHECKED BY DB ~Q a ~ourc..: T.ronet Enterpri... Inc. ond it. aupplier.. AU ri'iJlht. R...rYOd. Not 0 plan o' .urvoy. 2005 MPAC and it. sunniior.. All "fohts R...rvod. Not 0 pion of S....ry'.v. l' PN-1 þ,TH\CHf'J!EN'r #_ J- _TO HE?ORl II PD_~ .è)·-o(,;¡ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to highways and the servi (save and except from Blocks jurisdiction of the City of Pickering. ,roads as public ¡,>:AOM-2014 2), under the WHEREAS above ground and underground services required for the development of the above-noted Plan have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plan 40M-2014; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The above ground services required by the Subdivision Agreement relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plan or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-2014 (save and except from Blocks 29 and 32), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. 2. The underground services that are required to be constructed or installed in the development of the above-noted Plan including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-2014 (save and except from Blocks 29 and 32), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. 3. In sections 1 and 2, the phrase "lands that are... owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. ATTACHMENT I d TO REPORl # PD :/(91-0ltz 4. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: . Chantilly Road and Frontier Court, Plan 40M-2014 BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. David Debi A. Bentley, AnÞ¡GHI~1ENT #_ 3 TO REPCiRl # PO ..;)t -n <r~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend:" 1~<i'''' . for the regulation and Ie amusement, by adding thereto 40M-2014, City of Pickering. 1416/82 providing of places of '> within Plan WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Chantilly Road and Frontier Court, Plan 40M-2014, in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. David Ryan, ~jJ r......'i'1"<..'. Debi A. Bentley, City CTèrJ<'~"" ATTACHI\IIEI~T 11 if D 1'0 HEPOR'J # PO- ~ ¡ - 0 Cv ~_ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to author! of the Subdivision Agree', 40M-20 14 (save and except fr Blocks 30, 31 and 32), Pickering, fro, ease and removal specting Plan and 9 and WHEREAS pursuant to the Planning Act, RS.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Berkley Homes (Pickering) Inc. entered into a Subdivision Agreement dated March 24, 2000, Notice of which was registered on November 9, 2000 as Instrument No. L T994775, respecting the development of Plan 40M-2014, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and City Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated March 24, 2000, Notice of which was registered as Instrument No. L T994775 save and except from Lots 8 and 9 and Blocks 30, 31 and 32, between Berkley Homes (Pickering) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-2014, Pickering. BY-LAW read a first, second and third time and finally passed this 18th day of April, 2006. ~ '-""~Ú"..M r~,;,. ~~.. 'wi;)..;, David Ryan, .,'^ .... ;Jj¡ Debi A. Bentley, City èlerk C¡tJ¡ 01 REPORT TO EXECUTIVE COMMITTEE Report Number: 26-06 Date: April 10, 2006 From: Neil Carroll Director, Planning & Development Subject: Official Plan Amendment Application OPA 02-004/P Zoning By-law Amendment Application A 21/02 Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey (Part of Lot 8, Concession 5, Parts 1,2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickering Recommendation: 1. That Official Plan Amendment Application OPA 02-004/P, submitted by Bill & Ann Clancey, to amend the Pickering Official Plan to permit the development of a golf driving range on lands being Part of Lot 8, Concession 5, Parts 1, 2 and 3, Plan 40R-16157, City of Pickering, be TABLED, until such time as an Environmental Assessment for the Westney Road By-pass is complete; 2. That Zoning By-law Amendment Application A 21/02, submitted by Bill & Ann Clancey, to amend Zoning By-law 3037 to permit a golf driving range on lands being Part of Lot 8, Concession 5, Parts 1, 2 and 3, Plan 40R-16157, City of Pickering, be APPROVED AS REVISED, as a temporary use for an initial period of three years, subject to the conditions oÜtlined in Appendix I to Report PD 26-06; 3. That Council recommend to the Minister of Municipal Affairs and Housing that Minister's Zoning Order Application 18-Z0-0293-01 to permit a golf driving range be APPROVED AS REVISED, to permit the golf driving range as a temporary use subject to the conditions outlined in Appendix II to Report PD 26-06. Executive Summary: The applicant proposes to develop a golf driving range on a property fronting the south side of the Sixth Concession Road between Westney Road and Highway 7 (see Location Map and Applicant's Revised Plan, Attachments #1 & #2). The applicant proposes to amend the Pickering Official Plan, Zoning By-law 3037 and the Minister's Zoning Order to permit the proposed golf driving range. The subject lands abut the conceptual location for the proposed Westney Road By-pass of Greenwood. Protecting for planned infrastructure is a requirement when considering the establishment of new land uses. Both the Durham and Pickering Official Plans identify a proposed Westney Road By-pass in the vicinity of the subject property. Specifically, in the Pickering Plan, the future Westney Road By-pass is shown abutting the west property limit of the subject lands. Report PD 26-06 Date: April 10, 2006 Subject: Bill & Ann Clancey Page 2 Approval of a permanent golf driving range at this time on the subject lands could prejudice the future alignment of, or be incompatible with the Westney Road By-pass. Part of the subject lands may be required for the new road, potentially prohibiting the continued operation of the golf driving range business. The subject lands may abut the new road, such that errant golf balls from the range would create a safety issue for drivers. With the exception of this uncertainty respecting the By-pass location, the proposed golf driving range application meets, or with conditions of approval, can meet, the other requirements of the Provincial Policy Statement, the Durham Region Official Plan and Pickering Official Plan. These requirements include demonstrating the appropriateness of using agriculturally-designated land for non-agricultural purposes, protection of natural heritage features, adequate separation from barns, and compatibility with the rural character. Accordingly, temporary use zoning amendments to both the City's zoning by-law and the minister's zoning order are recommended for approval, with appropriate development conditions. The official plan amendment is recommended for tabling until such time as the by-pass location is finalized (anticipated for 2008), and a determination can be made on permanent status of a golf driving range on the subject lands. Site plan approval is also required. Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. BackQround: The initial circulation and Statutory Public Meeting held for the Clancey applications in the spring of 2004 were rolled back by the Greenbelt Protection Act. Enactment of the Greenbelt Act, 2005 and the Greenbelt Plan removed controls for the subject lands in March 2005, and a new circulation and Statutory Public Meeting (April 21, 2005) became necessary for the Clancey applications. 1.0 Comments Received 1.1 At the February 19, 2004 Statutory Public Meeting, and in subsequent written comments Resident comments, including a petition with 60 signatures in opposition to the proposal and written comments from Greenwood Area Ratepayers Association raised concerns about increased traffic, roadbed condition of the Sixth Concession for traffic, impact on school children, water, use of fertilizer, lighting and signage for the Clancey proposal and a need for new policy to guide changes around the Hamlet of Greenwood (see Information Report No. 03-04, Attachment #3; Minutes of the Meeting, Attachment #4; and Letters, Attachments #5 to #8). Report PD 26-06 Subject: Bill & Ann Clancey Date: April 1 0, 2006 Page 3 A landowner representative raised concerns about the impact of the proposal on the future Westney Road By-pass and supported recreational uses (see Attachment #9). 1.2 At the April 21, 2005 Statutory Public Meeting (see text of Information Report and Meeting Minutes, Attachments #10 & #11) Resident Comments - concerns with traffic, light pollution, noise, run-off to creeks, herbicides and pesticides; 1.3 Written Comments Submitted Following Statutory Public Meeting Residents Greenwood Area Ratepayers Association (Serge Rielau) Joel Dahl (occupant of property to the east, with the livestock barn) 1.4 Agency Circulation Region of Durham same petition as in 2004 plus reasons in opposition to the proposal (see Attachment #12); opposed to the proposed use with concerns about traffic, water, pesticides, lighting, signs, possible restaurant, liquor license (see Attachment #13); concerned that proposed use be operated in professional manner with resolution of any drainage issues (see Attachment #14); the proposed use is permitted by the "Major Open Space" designation of the subject lands; the amending zoning by-law should restrict the use to only the proposed use; the site plan should show the location of existing and proposed structures, private sewage systems and wells, patrons per day, floor plan of clubhouse (including kitchen) and the number of employees; the Regional Official Plan and Transportation Master Plan show the conceptual alignment of a future Westney Road By-pass (to by-pass the Hamlet of Greenwood) along the west side of the Clancey property; an Environmental Assessment (EA) is programmed for 2008 to establish the exact location of a future by-pass with possible road construction by 2011, following completion of the EA for Highway 407 expected in 2008; Report PD 26-06 Date: April 1 0, 2006 Page 4 Subject: Bill & Ann Clancey Region of Durham (continued) _ City official plan and zoning amendments to permit the driving range as a permanent use are premature until an Environmental Assessment has determined the exact location of the Westney Road By-pass. A City Official Plan Amendment will not be exempt from Reqional approval; _ temporary use zoning to permit the driving range may be appropriate, subject to the applicant entering into an agreement with the Region to dedicate any lands necessary for the future Westney Road alignment and site design measures to protect a future road alignment from the driving range activities (see Attachments #15 to #17); TRCA _ no impact on natural features since subject lands are removed from the Carruthers Creek valley; _ want to review site plan design to address lighting, turf management and water management matters (see Attachment #18); Greater Toronto Airports Authority _ no comments relative to planning for a possible Airport (see Attachment #19); Veridian Connections - no objections (see Attachment #20); Hydro One Networks no objections in principle, but due to the high voltage transmission line crossing the property, the site plan agreement should contain several conditions related to access, costs of relocations and maintenance of easements (see Attachment #21); 1.5 Comments from City Departments Development Control - on-site works can be controlled through a Site Plan Agreement; - any necessary off-site works may be controlled through a Development Agreement with the City (see Attachment #22); Report PD 26-06 Date: April 1 0, 2006 Subject: Bill & Ann Clancey Page 5 Municipal Property & Engineering the Sideline 8 road allowance to the west of the subject lands has been identified as a future Westney Road By-pass as a Type B arterial road. The Region should be consulted to determine if any road widening is required and the applicant so advised; traffic volumes for proposed development are well below design limits and will not impact the area roadway network; rehabilitation/reconstruction of Sixth Concession Road, east of Westney Road, is deferred to 2007 in the proposed City Capital Budget for 2006 (see Attachments #23 & #24); 2.0 Discussion 2.1 Approval of a driving range on the subject lands on a permanent basis is premature until the location of the Westney Road By-pass is determined The Clancey's have applied to amend the Pickering Official Plan, Zoning By-law 3037 and the Minister's Zoning Order to permit a permanent golf driving range on the subject lands. A location map is provided for reference (see Attachment #1). The applications propose to permit the driving range as an additional use to the "Agricultural Areas" designation in the Official Plan and as an exception to the "Rural Agricultural Zone - A" provisions in the Zoning By-law and the Minister's Zoning Order. The amendment application to the Pickering Official Plan should be tabled until the precise location of the proposed Westney Road By-pass is determined by an Environmental Assessment. Once the exact location of the road alignment is determined, the impact of a golf driving range on traffic operations (safety aspects of golf balls for traffic) and possible need for acquisition of lands to accommodate the roadway alignment can be determined. At that time, measures to ensure compatibility of the driving range with road operations can be addressed. The Region has programmed the Environmental Assessment to determine the exact alignment for the Westney Road By-pass for 2008 with construction likely by 2011. Report PD 26-06 Date: April 1 0, 2006 Subject: Bill & Ann Clancey Page 6 2.2 A Golf Driving Range is a suitable temporary use on part of the site provided it is sufficiently separated from neighbouring barns As a temporary use, staff concludes that the introduction of a golf driving range on the subject lands will be an appropriate use of lands in this area and can be made compatible with existing uses on neighbouring lands. This conclusion is based on a review of the City's rural area policy objectives, the applicant's submitted Planning Analysis, the Revised Agricultural Assessment, Environmental Report, agency, City staff and resident comments. Use of the subject lands for a golf driving range fulfills the Pickering Official Plan objective for the rural area to encourage a vibrant rural economy with a wide range of rural uses and activities, including outdoor rural recreational uses. The applicant's Planning Justification report, as required by the official plan to support an application to amend a land use designation, concludes that the golf driving range is an appropriate use in this location. City staff have indicated that the anticipated traffic volumes from the proposed driving range will not impact the roadway network. The applicant provided an agricultural impact report to justify the use of agricultural lands for non-agricultural purposes as required by the City of Pickering Official Plan, the Durham Regional Official Plan and the Provincial Policy Statement (PPS). Agricultural Reports are required to demonstrate that a proposal: · will not significantly adversely affect the amount or quality of Class 1 to 3 agricultural lands; · complies with the Minimum Distance Separation Formulae in the PPS; and, · cannot be accommodated on less significant agricultural lands, in a rural settlement or in the urban area. The Minimum Distance Separation (MDS) policy requires that sensitive uses (residential and active recreational uses) be separated (buffered) from manure producing livestock operations (Le.; neighbouring horse barns). The Revised Agricultural Assessment Report provided by the applicant justifies use of the agricultural lands for the proposed golf driving range use and further provides that the recreational use must be separated from two livestock barns on nearby properties in order to comply with the mandatory MDS requirements of the PPS. As a result, lands occupied by the golf driving range must be set back 176 metres from the barn on the easterly abutting property. All golf driving range facilities, including buildings, driveway, parking facilities and golf tees are required to be located outside the buffer area. In response to the findings of the Revised Agricultural Assessment, the applicant submitted a revised site concept to demonstrate compliance with the MDS (see Attachment #2). Report PD 26-06 Date: April 1 0, 2006 Subject: Bill & Ann Clancey Page 7 The applicant has also indicated that the facility will operate only in daylight hours with a modest entrance feature and sign and a pro-shop/control point of minimal dimensions, which addresses a number of area resident concerns. Staff also agrees with the conclusions of the Environmental Report submitted by the applicant that the subject lands do not contain any significant natural heritage features. TRCA staff indicated that the subject property is not impacted by any natural features. The only natural features identified on the property are the hedgerows along the east and west fencerows of the property. Staff are recommending that these hedgerows be protected through consideration of the site plan. 2.3 Temporary zoning is recommended, subject to conditions, to permit the driving range Conditions of zoning for the temporary zoning by-law will address both City and Regional matters. Temporary zoning can be approved for a period of up to three years and can be renewed for subsequent three year periods. The by-law can permit a use that does not conform to the official plan. In this situation, it is recommended that temporary zoning be supported provided: 1) Prior to Pickering Council enactment of a temporary use zoning by-law to permit the golf driving range, the applicant be required to: a) enter an agreement with the Region, to address: . transfer of any lands necessary to accommodate the future alignment of Westney Road through the subject property at a purchase price to be negotiated; and, . incorporation of design measures to protect the future alignment of Westney Road from activities related to the driving range, if necessary; and, b) provide a registered reference plan to precisely set out the minimum separation area between the golf driving range and the neighbouring barns; and, 2) Following execution of the agreement between the applicant and the Region, and receipt of the required registered plan, a temporary use zoning by-law be forwarded to Council for enactment that will address the following matters: designate the lands to permit the golf driving range as an additional use in the existing 'Rural Agricultural Zone - A' and retain the existing 'Rural Agricultural Zone - A' use provisions within the buffer area; Report PD 26-06 Date: April 1 0, 2006 Subject: Bill & Ann Clancey Page 8 suitable parking requirements for the golf driving range; appropriate set back standards. The foregoing conditions are contained in Appendix I to this report. 2.4 MZO Application The applicant applied to amend the Minister's Zoning Order (Ontario Regulation 102/72) to permit the golf driving range use. City comments on the MZO application were requested by the Ministry of Municipal Affairs and Housing (MMAH) staff. City staff advised that comments would be provided once a decision has been made in the related amendments to the City's official plan and by-law. Once a temporary zoning amendment is adopted by Council, City staff will advise MMAH staff and request that the Minister's Zoning Order be amended to permit the golf driving range as a temporary use. MMAH staff have indicated that a temporary amendment to the MZO can be issued and that, like the City's by-law, subsequent amendment applications will be required for each extension, or to be made permanent. 2.5 A site plan can be approved, once the temporary zoning is in force, that will reflect standards suitable for a temporary use of a golf driving range on the subject lands It is recommended that Council require that the following matters be addressed through the consideration of site plan approval for this proposal: no flood lights or night lighting be permitted; only lighting for securitylsafety purposes; hedgerows along the east and west perimeters of the property and the trees on the road frontage be preserved where possible; signage be limited; tee design/layout andlor netting be considered, if necessary to protect neighbouring properties from errant golf balls; matters of proposed lighting, turf management and water management be referred to TRCA for comment; details respecting the location and use of existing and proposed structures, private sewage systems and wells, patrons per day, floor plan of any buildings and number of employees be referred to the Region of Durham for comment; the comments of Hydro One respecting the location of hydro transmission line on the property; and, other appropriate matters. Report PO 26-06 Date: Aprjl10, 2006 Subject: Bill & Ann Clancey Page 9 3.0 Applicant's Comments The applicant requests approval of the Official Plan Amendment and permanent zoning now and does not support the temporary use zoning approach recommended by staff. Appendices: Appendix I: Conditions of Approval for Temporary Use Zoning Appendix II: Conditions of Approval for Minister's Zoning Order Amendment Attachments: 1 . Location Map 2. Applicant's Revised Site Plan 3. Information Report No. 03-04 4. Minutes of Statutory Information Meeting, February 19, 2004 5. Petition of Russel Phillips, March 15, 2004 6. Comments of Greenwood Area Ratepayers Association (GARA) (Joan Moritsugu), February 18, 2004 7. Comments of Mr. & Mrs. Chong-Knight 8. Comments of Mr. Noble 9. Comments of Mr. Artuchov 10. Information Report No. 04-05 11. Minutes of Statutory Information Meeting, April 21,2005 12. Comments of Russel Phillips, April 12, 2005 13. Comments of GARA (Sierge Rielau), May 24,2005 14. Comments of Joel Dahl 15. Agency Comments from Region of Durham, April 6, 2004 16. Agency Comments from Region of Durham, April 21, 2005 17. Agency Comments from Region of Durham, March 10,2006 18. Agency Comments from Toronto Region Conservation Authority 19. Agency Comments from Greater Toronto Airports Authority 20. Agency Comments from Veridian Connections 21. Agency Comments from Hydro One Networks Inc. 22. Staff Comment - Development Control 23. Staff Comment - Municipal Property and Engineering, September 15, 2005 24. Staff Comment - Municipal Property and Engineering, September 26, 2005 Report PO 26-06 Date: April 1 0, 2006 Subject: Bill & Ann Clancey Page 10 Prepared By: Approved I Endorsed By: ~~ Steve Gaunt, MCIP, RPP Senior Planner IP, RPP nning & Development ~~~ Catherine Rose, MCIP, RPP Manager, Policy SG:ld Attachments Copy: Chief Administrative Officer ,/' Recommended for the consideration of Pickering City Council ./ / ,{ APPENDIX I TO REPORT NUMBER PD 26-06 Conditions of Approval for a Zoninq Bv-Law Amendment 1) Prior to Pickering Council enactment of a temporary use zoning by-law to permit the golf driving range, the applicant be required to: a) enter an agreement with the Region, to the satisfaction of the Region, to address: i. transfer of any lands necessary to accommodate the future alignment of Westney Road through the subject property at a purchase price to be negotiated; and, ii. incorporation of design measures to protect the future alignment of Westney Road from activities related to the driving range, if necessary; and, b) provide a registered reference plan to precisely set out the buffer area. 2) A temporary use zoning by-law address the following matters: a) establish a 'Rural Agricultural Zone - A 1 Golf Driving Range' zone on the lands outside the required separation distance only; b) parking standards and zone requirements as set out in the general provisions for recreational uses in Zoning By-law 3037, including, · parking standard of one space for each four persons (staff and patrons); and, · lot frontage minimum 150 metres · lot area minimum 4 hectares · front yard minimum 15 metres · rear yard minimum 15 metres · side yard minimum 6.0 metres · lot coverage maximum 20 percent c) a three year term. APPENDIX II TO REPORT NUMBER PD 26-06 Conditions of Approval for Minister's Zoninq Order Amendment 1) Prior to Provincial Government adoption of an amendment to Minister's Order 102/72 to permit a golf driving range on a temporary basis on the subject lands: a) the agreement referred to in Appendix I, Clause 1 (a) of Report PD 26-06 between the Region of Durham and the applicant be executed; b) a reference plan that precisely sets out the required buffer area be registered; and, c) a temporary use zoning by-law to permit a golf driving range as an amendment to the City of Pickering Zoning By-law 3037 be adopted by Pickering City Council. 2) A temporary use Minister's Zoning Order amendment should address the following matters: a) permit the golf driving range, as an additional use to permitted agricultural uses only on that part of the subject lands outside the required separation distance, as detailed in a registered reference plan; b) parking standards and zone requirements as set out in the general provisions for recreational uses in Zoning By-law 3037, including, · parking standard of a minimum of one space for each four persons (staff and patrons); and, · lot frontage minimum 150 metres · lot area minimum 4 hectares · front yard minimum 15 metres · rear yard minimum 15 metres · side yard minimum 6.0 metres · lot coverage maximum 20 percent c) set a term for the temporary amendment to coincide with the three year term set by Pickering Council in the adoption of the temporary use zoning by-law. þ,TTÞ.CHMHJT # I TO REPORl # PO 2.10- Db lJ T I; I ] ~ \ ~: --- L L ~ ./ ~ / (TK 11, ~{~W ODD I - / ~ , / -- i!! i1 I-- I / [ I 1111 I -- / r SIJCTH c m- ROAD HIGHWAY 7 L W Tl I I I I / T f--- I / I-- I--- -I L ( I I ~ ( I / ( I J- m / ---~E SUBJECT / PROPERTY I I all- æ ~ 0"(1 ~I ((f ç 1 0'1 I....~I l' , 0° 1 Q:; ~I «- J 0011 0CV m 0°1 / OQ. 1 «-.0 L~ Q-'I / w Q. I .-1..<)- z ~ ¡;; I ./" ~~ II -<', .. '/ City of Pickering I Planning & Development Department PROPERTY DESCRIPTION PART LOT a, CONCESSION 5, PARTS 1,2 & 3 40R-16157 l' OWNER B & A CLANCY DATE JAN. 14,2004 DRAWN BY JB FILE No. OPA 02-004P & A 21/02 SCALE 1:10000 CHECKED BY SG FOR DEPARTMENT USE ONLY PN-RURAL PA· GRAVEL PARKING 21 CARS PORTABLE TOILETS GRASS TEE AREA SITE PLAN STATISTICS LOT AREA LOT FRONTAGE AVERAGE DEPTH AVERAGE WIDTH ///::..__ TO .- 46:Q6....._._, INFORMATION COMPILED FROM APPLICANT'S SUBMITTED REVISED SITE PLAN W. CLANCEY A 21/02 ENTRANCE FEATURE AND SIGNAGE v-- (\ o 1- (\ ~ \II ~ o 1- 1.)\ 176 METRE SETBACK FROM BARN 1.)\ 13.06 hec. 207.34 m 631.19 m 07 70 m EXISTING PROPOSED LOT COVERAGE 508.50 7.5 sq.m LANDSCAPE AREA 13.00 13.00 hec. PAVED AREA N A 1225.0 sq.m PARKING SPACES SIZE: 5.3x2.75m N A 20 OESIGNA TED PARKING SPACES SIZE: 5.3x4.0m N A 1 INTENT: GOLF ORIVlNG RANGE AND PRACTICE FACILITY \ \ l' THIS MAP WAS PHODlJC£O BY THE CITY OF PfCKERfNC PLANNING .t D£tÆLOPUENT DCPARTUCNr. INFORMATION .. SUPPORT S£IMC£S, It/ARCH .If 2006. .ª T(', 2t;,,:Pf>: ., CitJ¡ ,,# INFORMATION REPORT NO. 03-04 FOR PUBLIC INFORMATION MEETING OF February 19, 2004 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 02-004/P Zoning By-law Amendment Application A 21/02 & Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey Part of Lot 8, Concession 5 (Parts 1, 2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of Concession 6, east of Westney Road, to the east of the Hamlet of Greenwood (see Location Map, Attachment #1 ); - the subject property has an approximate area of 13.1 hectares, a lot frontage on Concession 6 of 207 metres and a lot depth of 630 metres; - the subject property is currently occupied by a detached dwelling, two sheds, two barns and a cultivated field; - a hydro corridor runs from the south-west towards the north-east across the south part of the property; - the subject property is relatively flat with a row of trees along part of the road frontage and hedgerows along the east and west sides of the property; - the subject property is currently farmed and the residence is rented; - surrounding uses include similar farming operations with dwellings, barns and fields. Information Report No. 03-04 #.~._.B_TO i f'U 2b-Ob " . .'·."'-"""'''.V.-·."''' ...,...... .,...-.........<&>',,~-.... "'_'-'....".....~~. Page 2 2.0 APPLICANT'S PROPOSAL - the applicant proposes to: · amend the Pickering Official Plan to permit use of the subject lands for a golf driving range (including a parking area) and to convert the existing dwelling to a pro-shop, in addition to the permitted agricultural uses; · amend the zoning to permit the driving range on the northern 10.2 hectares (approximately three-quarters) of the subject lands located north of the Hydro corridor; and, · continue to farm the southern part of the lands, use one existing barn to board horses, convert the other barn to a storage shed for the golf driving range, demolish the two existing sheds and construct a new residence near the front of the property in the future; - a preliminary site plan showing the layout of the golf driving range (including the associated parking), the buildings to be retained on the property and the hydro corridor is provided for reference (see Attachment #2); and, - the applicant has also submitted an application to the Ministry of Municipal Affairs and Housing to amend the Minister's Zoning Order (which regulates new uses that may be impacted by noise from a future airport). 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - identifies the subject property as Major Open Space, where development is intended to be predominantly for conservation, recreation, reforestation, agriculture and farm-related purposes; - the proposal appears to conform to the Durham Region Official Plan; 3.2 Pickering Official Plan - identifies the designation of the western majority of the subject property as Agricultural Areas and the eastern part as Open Space System - Natural Areas; - identifies the subject property immediately east of the Rural Study Area for the Hamlet of Greenwood and the proposed Future By-pass for Westney Road (around the Hamlet of Greenwood) on Schedule" - The Transportation System of the Pickering Official Plan; - designates no natural features on Schedule 11/ - Resource Management to the Pickering Official Plan for the subject property; Information Report No. 03-04 if 3 r, f; P¡) .""~<~=ª~ _ Page 3 3.3 Zonin~ Bv-Iaw 3037 - the subject property is currently zoned "A" - Rural Agricultural Zone A, by Zoning By-law 3037, as amended; - the existing zoning permits agricultural uses (including, among other things, the raising of field crops, raising of horses and one detached dwelling for the agricultural user) and some recreational uses, not including a golf driving range; - a zoning by-law amendment is required to permit the golf driving range and the related pro-shop. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - none received to date; 4.2 Aqencv Comments - a Ministry of Municipal Affairs official has commented orally that the Ministry will continue to process the application to amend the Minister's Zoning Order, submitted by the applicant, since the proposed golf driving range is not an "urban use" for purposes of Bill 27, the Greenbelt Protection Act. 4.3 Staff Comments - in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · whether the loss of agricultural land is justified; · consistency of a golf driving range with the City's rural area policies; · ability to meet the minimum separation distances required between the future proposed dwelling and existing sources of odour from livestock facilities; · suitable buffering from the future by-pass of Westney Road proposed to the west and the need to protect lands for the Westney Road by-pass alignment; · suitable zoning standards; · matters to be addressed through site plan approval, once appropriate zoning is in force, before landscaping for the driving range may proceed; and, · delineation of zoning boundaries for the golf driving range to ensure compatibility with the Hydro corridor across the south part of the subject lands. Information Report No. 03-04 Ii ""..ª,_...O".._.. T 0 k PD .,_?:l?ù:º~ú"_"",, Page 4 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authority _ the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest; and, _ at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional approval. 5.2 General _ written comments regarding this proposal should be directed to the Planning & Development Department; _ oral comments may be made at the Public Information Meeting; _ all comments received will be noted and used as input in a Planning & Development Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; _ if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's adoption of any official plan amendment, or passing of any zoning by-law amendment, you must request such in writing to the City Clerk; and, if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planining, Region of Durham Planning Department. 6.0 OTHER INFORMATION 6.1 Appendix I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing the report; 6.2 Appendix II - a copy of the applicant's proposed Pickering Official Plan Amendment; Information Report No. 03-04 !,3 ...2..~:öb.'" . _.. ...." . Page 5 6.3 Information Received - full scale copies of the Applicant's submitted preliminary site plan are available for viewing at the offices of the City of Pickering Planning & Development Department; the City of Pickering IS In receipt of the following reports submitted in conjunction with this proposal: · Planning Justification Report; · Tree Inventory and Assessment; · Agricultural Assessment Report; and, · Greenwood Golf Driving Range - Environmental Review; 6.4 Applicant - the applicants are Bill and Ann Clancey. ~. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Steve Gaunt, MCIP, RPP Planner II Catherine Rose Manager, Policy SG:ld Attachments Copy: Director, Planning & Development · 3rt" ¡i·i~:Õb .' "".' -.........".,."'.".._.~~...,...'..._.~-,--_.,"'-".'.,",. APPENDIX NO. I TO INFORMATION REPORT NO. 03-04 COMMENTING RESIDENTS AND LANDOWNERS (1) None received to date COMMENTING AGENCIES (1) Ministry of Municipal Affairs (oral). COMMENTING CITY DEPARTMENTS (1 ) None received to date #._ß_ TO l/ Pi) 2..b-Ob ,.".......~....,...""''''~....'.''''''_.'''..~,--...".,."~,-~,._'''''''. APPENDIX NO. II TO INFORMATION REPORT NO. 03-04 PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN iT, ii",;:".":, JJ ß TO f-t, r "~',..-~ n'.:'ilJ\'; t'____ t,:;':':'i',',", I)i'" 20',-D'- .,.~.. ..,I¡;,.IJ ¡"... .~........."..".,......_",,,.;-2-__._.",,,,,,,,,,,,_, PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PROPOSED PURPOSE: The purpose of this amendment is to add a golf driving range as a permitted use on the subject lands, which are designated Agricultural Areas and Open Space Areas - Natural Areas. LOCATION: The subject lands are approximately 13 hectares in area, and located on the south side of Concession 6, east of Westney Road. All of the lands fall within Part of Lot 8, Concession 5 (Parts 1, 2 and 3, Plan 40R-16157). PROPOSED AMENDMENT: The City of Pickering Official Plan is hereby amended by: 1. Adding to City Policy 3.20 - Exceptions to Land Use Designations, which currently reads as follows: "3.20 In addition to the primary agricultural uses set out in Table 12 and open space uses set out in Table 3, as an exception, City Council shall permit the following:"* A new subsection (e) as follows: Golf Driving Range (e) on lands identified by the symbol "E5" on Schedule I, a golf driving range and the related use of pro-shop." 2. Adding the symbol for Exception "E5" to Sheet 3 of Schedule I - Land Use Structure to identify the subject lands, as set out on Exhibit 'A' to this Amendment. IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. *Tables 3 and 12 are attached for information ~! '-I 'ff" n- ,','.-,.', ,".."......"...,.............,.,.. . (,f 2' b-DL "."'~",",<o,' Excerpts from Statutory Public Information Meeting Thursday, February 19, 2004 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. (II) OFFICIAL PLAN AMENDMENT APPLICATION OPA 02-004/P ZONING BY-LAW AMENDMENT APPLICATION A 21/02 & MINISTER'S ZONING ORDER APPLICATION 18-Z0-02903-01 BILL & ANN CLANCEY PART OF LOT 8, CONCESSION 5 (PARTS 1,2 AND 3, PLAN 40R-16157) (SOUTH SIDE OF CONCESSION 6. EAST OF WESTNEY ROAD) 1. Steve Gaunt, 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 #03-04. 2. Anne & Bill Clancey, 49 5th Concession, Ajax, proposed this development as they feel it is needed due to the growth of the sport of golfing. This will be a family run business, will be well landscaped, will act as a buffer for Greenwood from future development and will be a family run business. 3. John Wager, 2378 Concession 6, stated his concern with the increased traffic through the Hamlet of Greenwood. He advised that school children use Conc. 6 to go to school. 4. Russell Phillips, 2595 Concession 6, stated his concern with increased traffic and activity in the area which would disturb the Greenwood residents. He is also concerned with the increased traffic at Hwy. 7 and Conc. 6 intersection. He questioned if and requested that this application be contingent on the approval of the Westney Road by-pass. He advised that he noticed fill being dumped on this property. 5. Steve Gaunt, Planner II, advised that Mr. & Mrs. Clancey were advised to discontinue dumping which they did. 6. John Wager, 2378 Concession 6, stated that if the by-pass is approved this would provide a route for the driving range traffic to take. - 2 - ;""«,,'L,,,",..ro ?:4:,Q(." ""'.. Excerpts from Statutory Public Information Meeting Thursday, February 19, 2004 7:00 P.M. 7. Kevin Holmes, Agent, 460 King Street, advised that he is a golf course architect. They have no intention of irrigating more than the tees and green. The lighting will be restricted to the parking lot and there will be signage in front of the property but will be in heritage style and in keeping with the character of Greenwood and the landscaping will be enhanced. Traffic issues are a concern but they feel that the users of this driving range will use Hwy. 7 or Westney Road. - 2 - "-~~¡", º !; .::. Îii - :ä: O:of.r: ~2<{ ...",c. 0øUJ _2° Il.Z!:;J" l!.3i~ O-'Q. 0'0 >- .,J r- g; - W (.) 0 o w :> """" j, .5 " Pc. " ,?!?::Ql2", '-:í' ( , c.:> C">.! 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Q.J: Eìn .æ:ë ca c ¡¡¡ ro Q.£ fIJ ~ ~~ roõ OJQ. oS E ~ ca ca c E ro :?ofIJ OJC C OJ ':¡: ï¡¡ o 0 C..c: ~ ;: o c ro ~ "S Qi ~ c. i:3 '" « 0 ë, ~~ cE .- ca c- '" ::I ca CJ 3: '[) b f'u ,.._«:24?-=Q~~_>.". {,'r;'" ',\) ~~ (è~ \f.~ \,'\ ~II' \~ fñ\ ti I "". \1)' "_.1." \ \ '\' 1, J;' w"'" ...,- , ~ -":' " "" '" /'" ~ ~n ¡ r~ I,': 11 ('I 7 'lthJ&\· ¡ J J t)~ t ~ ,J....... ILl l~'; . I,,,,J";!"'" \.~ l" tOny elF i;.t(H<Jl~\~I~(~ , ~"''''',~{¡'¡;¡:H'''¡.(!It, ON I ,\fllO 9"·!¡,.;I"'I\.,'h'·'~· Greenwood and Area Ratepayers Association clo 2370 Concession 6 Greenwood. ON. LOH 1HO. Mr. Steve Gaunt, MCIP, RPP Planner II City of Pickering Planning Department One The Esplanade, Pickering, ON. L 1V 6K7. February 18, 2004 ¡ð~ €~~E ~'f IE It) n. w:;; ~ "~, '} "., f'Joot FEB ¿. J I. {- f"TV OF PiCKERING p'¡ ANNING & DEVELOPMENT ., DEPARTMENT Dear Steve, Re: Official Plan Amendment Application OPA 02-004/P. Zonina By-law Amendment A21/02 & Minister's Zonina Order Application 18-Z0-02903-01- Applicants: Bill & Ann Clancey Part of Lot 8. Concession 5 )Parts 1.2 and 3. Plan 40R-16157) (South side of Concession 6. east of Westney Road) City of Pickerina Further to our telephone conversation of February 16,2004, please accept these comments on the subject application on behalf of the GARA, for inclusion in the official record. Water Golf courses are notoriously thirsty creatures; given that all Greenwood properties rely on wells for their water, and there have been shortages experienced by some homeowners, what impact will a driving range have on the local water supply? What about the impact of chemicals, including fertilizers, on water quality? Maintaining satisfactory water supply and quality have been and continue to be of paramount importance to all of us who rely on wells. We have previously highlighted concerns about water when commenting on other development applications, notably the Dellaportas application in the fate 1990s and the pending Bitondo application. Traffic A driving range will attract more motor vehicle traffic to Greenwood. If the additional traffic was confined to rush hours (such as the volumes we have experienced since the extension of Highway 407 to Brock Road), the actual increase would be negligible. While the volumes may not be significant, the perceived increase may seem bigger, since most of the increase will likely occur on weekends, when traffic volumes are traditionally light. Speed humps, which were implemented on that stretch of Concession 6 a few years ago, do little to slow traffic. Lighting The eastern end of Concession 6 between Westney Road and Highway 7 is currently a dark, quiet road, with a few residences and farms. What affect will lighting and signage have on the neighbourhood, at night? Site Plan The applicant proposes to convert the existing dwelling to a pro-shop. This is a practical idea; however, we would like further details regarding the configuration. Could a pro-shop include a licensed bar or restaurant, whether upon approval, or subsequently? These would not be desirable features. (, Pi,2Þ~9}?""d ,. ,.:; f'UP Summary We oppose changing the zoning of this property to allow a driving range. This proposal does little, in our opinion to enhance the Greenwood community. Golfers in the area are already well serviced. Building a driving range could have significant negative impact, particularly with regard to water supply and quality. This proposal is yet another example of why Greenwood needs a Hamlet Expansion Study-something that various residents have been requesting for years. We understand why funding has not been forthcoming due to cutbacks, provincial downloading, etc. Next best would be clearer official planning guidelines such as were mentioned in your letter dated July 25, 2003 which stated..." The Planning Department is now preparing [as a result of the Final Summary from the workshop hosted by the City in April 2003 (In Search of "Pleasant Growth" for Greenwood)] to request that Council initiate an amendment to the Greenwood and Area Settlement Plan to establish new City policies to guide the future growth of the Hamlet of Greenwood." We realise that this amendment has not been considered a high priority matter. We now request that you proceed with this work. It can only make it easier to decide on future applications, if proper guidelines are established. I regret that I am unable to attend the Public Meeting on Thursday February 19, 2004. Please contact me if you have any questions regarding the foregoing. Thank you for taking the time to explain the details of this application. yours truly, ~~~ Joan Moritsugu Chair, GARA Tel: 905-427-8578 FAX: 905-427-4876 e-mail: ihmoritsuQu<ã>.hotmail.com Cc: Neil Carroll, Director, City of Pickering Planning Department Mayor Dave Ryan Councillors Ashe, Brenner, Holland, Johnson, McLean and Pickles /i<..Z~."._.TO PG.......~~ .g~~~._....,.., Subject: Application by the Clancey's for re-zoni~g for a Gold Driving Range Dear Mr Gaunt, The above application was recently brought to our attention. We are residents in Greenwood(2395 Concession 6) and are concerned that should an application for a Golf Driving Ranged be approved, it will increase traffic in an environmentally sensitive area. In addition, pesticide use by golf course facilities is another detrimental effect on the environment. . There are very few Hamlets like Greenwood, we need to preserve them and encourage growth which protects and enhances the environment. Please keep us posted on the developments regarding this application. .yours sincerely, Mr. & Mrs. Chong-Knight 2395 Concession 6, Greenwood. Tel: 9056868815 3/15/2004 t.t.......f!...__. TO 210 ~~.._.>... Subject: Golfing in the Hamlet??? Good morning Mr. Gaunt; My name is Gord Noble 2385 Conc.6 Greenwood LOH 1 HO (905) 427 8635 gordnoble@rogers.com A resident since 1984 Timing as we know is everything and I find myself a few weeks late with my comments regarding Bill and Ann Clancey's bid to open a Golf Driving Range on Cone. 6. I was just made aware of this at the Greenwood Rec. Assoc. annual general meeting last Tuesday and I received the documents this morning at 6:30 A.M. I am disappointed to find out that the only use of this land that the Clancey's could come up with was a Golf Driving Range. This does not fit with an historic rural Hamlet that is home to the city of Pickering's famous museum. I believe it will only serve to increase traffic and attract people who have no interest or appreciation of local history. We who live in this little Village have worked hard over the years to maintain the core values and integrity of this unique place called Greenwood. Most of us are of the mind that when we leave Greenwood we hope it is a little better place. than when we came. Everyone needs to make money and we are no different but I don't think I could sell out my culture, history, values or children to make a few fast easy dollars. I know I am not the first to write you and I hope that the Clanceys might reconsider this decision. Regards Gord Noble Þ.T1ACHMEf\lT fI~TO f:E"ORl II PD 21::,- D6 Alex Artuchov Feb. 17/04 Mr. B. Taylor Clerk City of Pickering 1 The Esplanade Pickering, Ontario, LIV 6K7 . . ø;;~;" .~,~- ¡¡~~- .... -;~-';,:~~::';~,,:"."'''~ , ~"t'tr.om ~;Iß' ¡R. P f¡ :?/ ~""?¡ .~~. '~ ~ :_n"¡ ,,;.< t.t~>,;;:¡o L~,:r.~'·' f f: Frt~) '1 I) 'y' - i ¡ . L) , 0 ¿\., "l¡' ~ ¡ CiTY' .()F ~·")if~~-\f·t~"~",,r ,.~ jj DC _ PUWN!í~(~Pd~(~.' ;··"b N ~~~~~~,!?~~~~!~!;!r..J Dear Mr. Taylor: Re: OPA 02-004/P, Zoning By-Law AmendmentA21/02, Bill and Ann Clancy, Part of Lot 8, Concession 5 At the request of Mr. L. Bitondo the owner of the property to the immediate east of the subject application, the undersigned would like to share some comments and concerns relating to the application noted above. It is firstly important to convey that Mr. Bitondo does not wish to oppose this application in its current form. We have not however, had the opportunity to review all of the reports and if a matter of concern arises, we will correspond with you further before the final date for comment as noted on the information notice that was circulated. If there is a concern related to this application it would be storm drainage and the issue of any potential impaction to the adjoining Bitondo property. It should also be noted that the subject property may be bounded by the future Westney Road by-pass on its western perimeter. All due regard should accordingly be given to the provision of this important future arterial and care be taken to assure that there be no undue impact to the future roadway from the use proposed or conversely. As a final comment we would also like to note that recreational uses would seem to have some merit in this area and under the appropriate circumstances and in the appropriate form may be uses that could indeed be supportable. As such, there may well be potential for more of such uses in the fu ness of time. I Y oùrs ~e\ 370 Don Mills Road, Suite 300, Toronto, Ontario, M3B 3N7 Tel: (416)424-6618 Fax: (416)424-6636 ATTACHMENT #_ /CJ TO REPORT 1/ PO 2b ·-ò 6 CiiI¡ o~ INFORMATION REPORT NO. 04-05 FOR PUBLIC INFORMATION MEETING OF April 21, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 02-004/P Zoning By-law Amendment Application A 21/02 & Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey (Part of Lot 8, Concession 5, Parts 1,2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is located on the south side of Concession 6, east of Westney Road, to the east of the Hamlet of Greenwood (see Location Map, Attachment #1 ); - the subject property has an approximate area of 13.1 hectares, a lot frontage on Concession 6 of 207 metres and a lot depth of 630 metres; - the subject property is currently occupied by a detached dwelling, two sheds, two barns and a cultivated field; - a hydro corridor runs from the south-west towards the north-east across the south part of the property; - the subject property is relatively flat with a row of trees along part of the road frontage and hedgerows along the east and west sides of the property; - the subject property is currently farmed and the residence is rented; - surrounding uses include similar farming operations with dwellings, barns and fields. Information Report No. 04-05 A TT ACHiIIlEI~T ,_ /0 TO REPOR1 II PD ~-DC::> Page 2 2.0 APPLICANT'S PROPOSAL - the applicant proposes to: · amend the Pickering Official Plan to permit use of the subject lands for a golf driving range (including a parking area) and to convert the existing dwelling to a pro-shop, in addition to the permitted agricultural uses; · amend the zoning to permit the driving range on the northern 10.2 hectares (approximately three-quarters) of the subject lands located north of the Hydro corridor; and, · continue to farm the southern part of the lands, use one existing barn to board horses, convert the other barn to a storage shed for the golf driving range, demolish the two existing sheds and construct a new residence near the front of the property in the future; - a preliminary site plan showing the layout of the golf driving range (including the associated parking), the buildings to be retained on the property and the hydro corridor is provided for reference (see Attachment #2); and, - the applicant has also submitted an application to the Ministry of Municipal Affairs and Housing to amend the Minister's Zoning Order (which regulates new uses that may be impacted by noise from a future airport). 3.0 PROVINCIAL GREENBELT LAWS - the Greenbelt Protection Act, 2003 (GPA) was introduced on December 16, 2003; the Act imposed a moratorium on applications for new "urban uses" within the rural area of Pickering, including the subject lands; the GPA came into force June 24, 2004, but was retroactive to December 16, 2003; any procedures or decisions on applications commenced prior to December 16, 2003, that occurred after December 16, 2003 became "of no effect" when the GPA came into force; - the original interpretation by the Ministry of Municipal Affairs staff was that a golf driving range was not an "urban use"; therefore, the City scheduled and held a Statutory Public Meeting for the subject applications on February 19, 2004; subsequently, Ministry staff changed its interpretation and advised that a golf driving range was an "urban use"; accordingly, the February 2004 Statutory Meeting is "of no effect"; - the GPA was repealed March 9, 2005 and replaced with the new Greenbelt Act, 2005 the Greenbelt Plan, adopted under the authority of the Greenbelt Act, 2005, does not include the subject lands in the Greenbelt; as a result, processing of the subject applications may now be recommenced, and, to this end, a Statutory Public Meeting has been scheduled for April 21,2005. Information Report No. 04-05 /0 2b-a.\ Page 3 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Reaional Official Plan identifies the subject property as Major Open Space, where development is intended to be predominantly for conservation, recreation, reforestation, agriculture and farm-related purposes; - the proposal appears to conform to the Durham Region Official Plan; 3.2 Pickerina Official Plan - designates the western majority of the subject property as Agricultural Areas and the eastern part as Open Space System - Natural Areas; _ designates the area immediately west of the subject property as Rural Study Area for the Hamlet of Greenwood on Schedule I - Land Use Structure and designates the proposed Future By-pass for Westney Road (around the Hamlet of Greenwood) on Schedule II - The Transportation System of the Pickering Official Plan; _ designates no natural features on Schedule III - Resource Management to the Pickering Official Plan for the subject property; 3.3 Zonina By-law 3037 - the subject property is currently zoned "A" - Rural Agricultural Zone A, by Zoning By-law 3037, as amended; _ the existing zoning permits agricultural uses (including, among other things, the raising of field crops, raising of horses and one detached dwelling for the agricultural user) and some recreational uses, not including a golf driving range; _ a zoning by-law amendment is required to permit the golf driving range and the related pro-shop. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - since the previous Statutory Public Meeting is deemed to be of no legal effect, the comments provided at that time are not attached to this Information Report, but are included in the file and may be examined at the Planning & Development Department; 4.2 Aaency Comments - a Ministry of Municipal Affairs official has indicated that processing of the application to amend the Minister's Zoning Order, submitted by the applicant, will be restarted, now that the subject lands are no longer affected by the Greenbelt Protection Act, 2003; Information Report No. 04-05 10 2h-06 Page 4 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: · compatibility with the abutting lands to the east which are designated as 'Protected Countryside' by the Provincial Greenbelt Plan; · whether the loss of agricultural land is justified; · consistency of a golf driving range with the City's rural area policies; · ability to meet the minimum separation distances required between the future proposed dwelling and existing sources of odour from livestock facilities; · suitable buffering from the future by-pass of Westney Road proposed to the west and the need to protect lands for the Westney Road by-pass alignment; · suitable zoning standards; · matters to be addressed through site plan approval, once appropriate zoning is in force, before landscaping for the driving range may proceed; · delineation of zoning boundaries for the golf driving range to ensure compatibility with the Hydro corridor across the south part of the subject lands; and · ensuring that changes of use for existing buildings meet all necessary fire protection, health standards and building codes. 5.0 PROCEDURAL INFORMATION 5.1 Official Plan Amendment Approval Authoritv - the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional andlor Provincial interest; and, at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional approval; 5.2 General - written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning & Development Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; Information Report No. 04-05 f /0 . " ì ,,_~.,..,."...""~ I v 2.0-0{, ,,,,..,.~,,,~,,,..,,,_,..,,,,..,,,,,,,,,,,,,,~,,,~.,,,,,,,,,,,,,,,,,,,,,,,....',,.""-''-',.' Page 5 - if you wish to be notified of Council's adoption of any official plan amendment, or passing of any zoning by-law amendment, you must request such in writing to the City Clerk; and, - if you wish to be notified of the decision of the Region of Durham with respect to the proposed amendment to the official plan, you must make a written request to the Commissioner of Planning, Region of Durham Planning Department. 6.0 OTHER INFORMATION 6.1 Appendix I - list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications in response to the request for comments dated March 31, 2005, at the time of writing the report; 6.2 Appendix II - a copy of the applicant's proposed Pickering Official Plan Amendment; 6.3 Information Received - full scale copies of the Applicant's submitted preliminary site plan are available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering is in receipt of the following reports submitted in conjunction with this proposal: · Planning Justification Report; · Tree Inventory and Assessment; · Agricultural Assessment Report; and, · Greenwood Golf Driving Range - Environmental Review; 6.4 Applicant - the applicants are Bill and Ann Clancey. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Steve Gaunt, MCIP, RPP Senior Planner Catherine Rose, MCIP, RPP Manager, Policy SG:ld Attachments Copy: Director, Planning & Development · .. i" J! 10 "0 ",~":¡.:~'r.:2k?)Æ~:,~~." "'" APPENDIX NO. I TO INFORMATION REPORT NO. 04-05 COMMENTING RESIDENTS AND LANDOWNERS (1) No new comments received to date COMMENTING AGENCIES (1) Ministry of Municipal Affairs (oral) (2) No new written comments received to date COMMENTING CITY DEPARTMENTS (1) None received to date ¡/",~,¿ÇL,~,~JO ..... ?-Þ "06 '''.:.:''~.' ...."',.,....,.,,,...,..,.""'--,.,",..,...,.,.<,..""".'''''',.~.~ APPENDIX NO. II TO INFORMATION REPORT NO. 04-05 PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN i!'.",.~, !:t.>." ,...JLï dEPOHí if PD<.,_lQ::.QQ==,""_~",,, PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PROPOSED PURPOSE: The purpose of this amendment is to add a golf driving range as a permitted use on the subject lands, which are designated Agricultural Areas and Open Space Areas - Natural Areas. LOCATION: The subject lands are approximately 13 hectares in area, and located on the south side of Concession 6, east of Westney Road. All of the lands fall within Part of Lot 8, Concession 5 (Parts 1, 2 and 3, Plan 40R-16157). PROPOSED AMENDMENT: The City of Pickering Official Plan is hereby amended by: 1. Adding to City Policy 3.20 - Exceptions to Land Use Designations, which currently reads as follows: "3.20 In addition to the primary agricultural uses set out in Table 12 and open space uses set out in Table 3, as an exception, City Council shall permit the following:"* A new subsection (e) as follows: Golf Driving Range (e) on lands identified by the symbol "ES" on Schedule I, a golf driving range and the related use of pro-shop." 2. Adding the symbol for Exception "E5" to Sheet 3 of Schedule I - Land Use Structure to identify the subject lands, as set out on Exhibit lA' to this Amendment. IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. *Tables 3 and 12 are attached for information 1'.' H'· "-"!\11 J! / / "1"0 .":.- .c·.·.·· 11.__...__,_,," k PO.__~ -D~_..___~ Excerpts from Statutory Public Information Meeting Pursuant to the Planning Act Minutes Thursday, April 21, 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) OFFICIAL PLAN AMENDMENT APPLICATION OPA 02-004/P ZONING BY-LAW AMENDMENT APPLICATION A 21/02 & MINISTER'S ZONING ORDER APPLICATION 18-Z0-02903-01 BILL & ANN CLANCEY (PART OF LOT 8, CONCESSION 5, PARTS 1,2 AND 3, PLAN 40R-16157) (SOUTH SIDE OF CONCESSION 6, EAST OF WESTNEY ROAD) 1. Lynda Taylor, Manager, Development Review, on behalf of Steve Gaunt, Senior Planner, provided an overview of property location, applicant's proposal and City's Official Plan policies pertaining to this site, as outlined in Information Report #04/05. 2. Ann Clancey, 49 Concession 5, Ajax, advised that upon review they believe there is a great need for this type of business as it is the fastest growing industry. This will be a family run business with a country farm theme and beautifully landscaped. She requested a speedy review of this application as it has been delayed due to the Greenbelt Plan. 3. Edward Tate, 2550 Concession 6, representing the Greenwood Area Ratepayers Association, stated that their Association has not taken a formal position yet as they are in the process of canvassing the membership to receive their input and that a report will be before Council by April 28th. He stated the concerns to include: traffic, light pollution, noise and run-off into Duffins and Carruthers Creek Systems of herbicides and pesticides. - 1 - /2.. 2~~'O(} Subject: Re: Official Plan Amendment Application OPA 02-004/P, Zoning By-law Amendment A 21/02 & Minister's Zoning Order Application 18-20-02903-01 Hi Steve, Further to our telephone conversation today regarding he inclusion of the Petition in question at next weeks meeting. Please find attached a list of issues which were raised at the time of the Petition signing. Regards, Russ Drivine Ranee Issues Increase traffic volume Current condition of Cone. 6 Intersection Hwy. # 7 & Cone. 6 Intersection ofWestney Road (proposed bypass) & Cone. 6 Current land use being agricultural and should remain as such. Dumping of fill and development of berm already started. 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IU 111 IU f/) e: m ïñ o .s::. 3: (; ~ :i ~ g 'õ æ IU E õ Q e:~ § ï~~ ~ IU 8.0 ra~ cü'S ¡¡¡ m ~ .~ t (; ~1Ç g! ~ .8 'õ IU 111 41 IU .s::. e: - 3: ,5; 0 - .... e: QI GI.t: Eìñ 2:E .!!! e: f/) IU 41:5 f/) .... ~~ IUÕ mQl .5; E -'" IU IU e: E IU ~f/) me: e: m .;;; ëñ o 0 e:.s::. -'" 3: õ e: 10 ~ :; Q; e c- O ro « (; ~~ ¡:E ,- IU c- ... ~ C'Ø 0 :: .~ l.·.T.IJ....iT"¡.1.f! /3-(·, ~ t f t"i0"'t¡~;;l~_'} I il """"""_'''''''~__'''''''-'''',_,,_''_'.' ~ .J ¡n'Jo¡n;j 'r"'C'.. ."i/_. .. '-0.."-." ~ h.·! ¡',II a..; "'~__""'~'~'""M."''''''~''._' To: Subject: Planning Web Email RE: GARA Feedback on Driving Range App in Greenwood Dear Planners, GARA has polled its membership on its position w.r.t. the application for a golf driving range at Conc 6. What we did was: sent out mass email to our members with email access. posted requests for feedback at the community bulletin boards conducted a survey at the annual general meeting. Unfortunately we did not have the time to canvas door to'door which traditionally yields much better responce rates. Our members responded as such: For the driving range: 4 Against the driving range: 17 ndecided: 1 The concerns raised by respondents revolved around: Plans for the proposed pro-shop. Will there be a liquor license and/or a restaurant if not now, then later? Traffic Concession 6 is right now very quiet with only local traffic. Concerns were raised that traffic connecting the proposed driving range to Westney/Conc 6 will increase significantly. Water On one hand respondents were concerned where the significant water requirement to run the range will come from to begin with. While on the other hand the impact of fertilizers and other chemicals on water quality not only for wells, but also for the creeks raise questions. Lighting There is a fear that the lighting and associated advertisement will commercialize this area of Greenwood as well as be disturbing to the local residents. Nonetheless some respondents feel that a driving range is still better than a subdivision. It is probably safe to say, looking at the results of this poll as well as last years detailed community survey, which you already have in copy, that a driving range is not the communities first choice to utilize these lands. I am aware that this email reaches you late and I apologize for that. Please let me know of how much use, if any this note still is for you. With kind regards Serge Rielau vice chair GARA Tel.: (905) 413 3907 Internet: srielau@ca.ibm.com tHÞCHMENl # _i!:L__JO HU'CJFn ,:. PD_...Z._~=Q.º". .,., Joel Dahl 2745 Sixth Concession Rd. Locust Hill, ON LOH 1 JO April 28, 2005 Steve Gaunt Senior Planner City of Pickering Planning Dept. One The Esplanade Pickering, ON Ll V 6K7 905-420-4617 Tel. 905-420-7648 Fax RE: Driving Range Application for Mr. & Mrs. Clancey. Official Plan Amendment Application OPA 02-004/P, Zoning By-law Amendment A 21/02 & Minister's Zoning Order Application 18-Z0-02903-01 Mr. Steve Gaunt In regards to this application for a driving range, I do not have any major concerns over it. I trust that it will be constructed and operated in a professional manor and that any drainage issues will be resolved. I look forward to the opportunity of being able to practice at this range as my game is in desperate need of it. Thank you Joel Dahl The Regional Municipality of Durham Planning Department .!' It::: p¡:r,oo,l.1- "ly,'i'2l;;:Ob . r\i:r i.1 no, r ~ _.._n .....,.~.,.,~.",....._.,.,. .." ð ~ d''<> tE~.oÍo, a \Jo,E [:1; n tç; ~ .r&; - -. April 6, 2004 APR 0 82004 CITY OF PICKERINq 'PLANNING& DEVELOPMENl DEPþ,RTMENT Steve Gaunt, Planner II Planning and Development Depa,rtment City of Pickering' One the Esplanade Pickering ON L 1 V 6K7 Dear Mr. Gaunt: 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER Re: WEST BUILDING PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-728-7731 Fax: 905-436~6612 Email: planning@ region,durham.on.ca· Region's Review of an Application to Amend the City of Pickering Official Plan - OPA - 02-004/P . Cross Ref: A21/02 & 18-20-02903-01 Applicant: Bill & Ann Clancey Location: Part of Lot 8, Concession 5 Municipality: City of Pickering www,region,durham.on,ca The Règionhas reviewed this application and the following comments are· A.L. Georgieff, MCIP, !'!PP offered with respect to proposed Bill 27, the Durham Regional Official Commissioner of Planning Plan, the proposed method of servicing and delegated provincial plan review responsibilities. The purpose of this application is to amend the City of Pickering Official Plan is to permit a golf driving range as an additional use within lands designated "Agricultural Areas" and "Open Space Areas - Natural Areas". The applicant proposes to establish a golf driving range on the northerly 1 0.2 hectare portion of the site and to convert an existing dwelling to a pro-shop, while continuing to use the southerly 2.8 hectare portion of the property for agricultural purposes. The applicant also intends to use an existing barn structure for equipment storage. A second barn is intended to continue to board horses. Although not part of the subject application, a future residential dwelling is also anticipated. T he Greenbelt Protection Act. 2003.(8 ill 27) The applicant's lands are located within the greenbelt study area, as defined by proposed legislation. The proposal should be considered in the context of this proposed legislation. @ 100% Post Consumer Lk . tJTÞ,CHMENT #..~, ,;d__TO F1FPUm if PD '" ,?:,~,:.ºJ:L",,, ."'<, , Page 2 Durham ReQional Official Plan The lands are designated "Major Open Space" within the Durham Regional Official Plan. The predominant use of lands' withiri this . designation is for conservation, recreation, reforestation and agriculture and farm-related uses. The Regional OffiCial Plan contemplates recreational uses in the Major Open Space,System as being compatible with the sutrounding open space. character. . . A golf driving range use in this location should be evaluated with respect to its compatibility with surrounding uses, the construction of buildings or structures, and site grading. Any implementing by-law should include : provisions which place this use in a special zoning category that restricts . development to the proposed use. ServicinQ The property is serviced by private well and septic sE?wer service. The applicant is required to provide a detailed site plan showing the location of aU existing and proposed structures, private sewage disposal system envelopes (including 100% replacement area) and wells. De1ails of the operation including the number of patrons per day, a floor plan of the proposed clubhouse (including kitchen) and the number.of proposed employees is also required. Provincial Plan Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Policy 2.1.3 of the Provincial Policy Statement permits limited non-residential uses within prime agricultural areas provided that: · there is a demonstrated need for additional land to be designated to accommodate the proposed use; · there is no reasonable alternative locations which avoid prime agricultural areas; and · there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. ATìbC'nrr.:1It'f#' l'r:::., ~rr¡ _ ': _ . ~·t f','VH...I\ .' ,_.~\ .~..."'.~ ~ u REPURl t" PD__e_U2.::Q.€--....,,,,,, Pag~ 3 , An Agricultural Assessment, prepared by LEAP Consulting, dated October 17, 2003, indicates the subject property contains 80% Class I and 20% Class 4'soils. The report also concludes the property is marginal from an agricultural perspective, since the property is located in proximitytó Greenwood and major roads. (Highway 7 and Regional Road31), and that no other alternatives exist for this facility. Additional information is ' required to justify the need to designate additional land and to demonstrate that there are no other reasonable alternatives available to accommodate the proposed use. The Minimum Distance Separation (MDS) data sheets were not completed with the submission of the application. These shèets are necessary tö ensure the proposal incorporates an adequate MDS from livestock operations~ No further provincial interests appearto be affected by this amendment. Please advise of any decision on this application by Pickering Council. If Council adopts an Amendment, please forward ,a record to this Department, within 15 days of the date of adoption. ,The Commissioner of Planning will,make a decision on the adopted amendment upon receipt of a record containing those items described in Appendix I. ' If you have any questions, please call Ray Davies at (905) 728-7731, , extension 3223. Yours truly, K~~~ger Plan Implementation Current Operations Branch cc.: Pete Castel/an, Regional Works Department Karl Kiproff, Regional Health Department R:\ T raìning\Rd~opa\opa02-004-P ATT Þ,GH¡V1ENT II __..l5.._,,,,,50 mYORl 1/ PD _,_"_..l:.k::.e~,..",c",,",.,,-,. Page 4 Appendix I If Council adopts an Amendment, please forward a record to this Department, within 15 days of the date of adoption for Regional approval. The record must include the following: · Adopted Amendment (1 certified copy, 4 duplicates &5 working copies); , · Region's submission form (1 copy); · Letter requesting the Region's approval; · Adopting by-law (2 certified copies); · Minutes of all public meetings; · All written submissions and comments (originals or copies), showing the dates received; , · All planning reports considered by Council; , · Affidavit(s) of municipalemployee(s) certifying that Notice of Public , Meeting was given, a public meeting was held, and Notice of Adoption was given in accordance with the requirements of the Planning Act; and · Mailing list of persons who spoke at the public meeting(s). The Regional Municipality of Durham . Planning Department /.' "1"'/' "I " :;U"', .J'. /6 " ,'''>" '{u pd'.,:¡u\) ì J::·'A."_"~"'_"_'''_'· ~ !Y':D' 1:11 ,I, ,[' 21ó-- 06 ¡\b U " jj ~ U.,. ...~:. ...................".. April 21 , 2005 \jk~it;J3;~1\;1 ~'\,!!;~ ~\'f{T{v·¡F:NT Steve Gaunt,.Senior Planner Planning and Development Department City of Pickering One the Esplanade Pickering ON L 1 V 6K7 Dear Mr. Gaunt: 1615 DUNDAS ST. E. 4TH FLOOR, LANG TOWER Re: WEST BUILDING PO BOX 623 WHITBY ON L1 N 6A3 CANADA 905-728-7731 Fax: 905-436-6612 E-mail: planning@ region,durham,on,ca Region's Review of an Application to Amend the City of Pickering Official Plan - OPA - 02-004/P Cross Ref: A21/02 & 18-Z0-02903-0 1 Applicant: Bill & Ann Clancey Location: Part of Lot 8, Concession 5 Municipality:, City of Pickering www.region.durham.on.caln addition to comments provided in a letter dated April 6, 2004, the L G ff Region ha. s reviewed this application and Provides the folio. wing revised, .... eorgie, MCIP, RPP Commissioner of Planning comments. The purpose of this application is to amend the City of Pickering Official Plan is to permit a golf driving range as an additional use within lands designated "Agricultural Areas" and "Open Space Areas- Natural Areas". The applicant proposes to establish a golf driving range on the northerly 10.2 hectare portion of the site and to convert an existing dwelling to a pro-shop, while continuing to use the southerly 2.8 hectare portion of the property for agricultural purposes. The applicant also intends to use an . existing barn structure for equipment storage. A second barn is intended to continue to board horses. Although not part of the subject appiication, a future residential dwelling is also anticipated. Durham Reqional Official Plan The lands are designated "Major Open Space" within the Durham Regional Official Plan. Lands within this designation are to be used for . conservation, recreation, reforestation and agriculture and farm-related uses. The Regional Official Plan contemplates recreational uses in the Major Open Space System as being compatible with the surrounding open space character. @ 100% Post Consumer Y,'T'TAr.H~I'E:~IT # 16", In 1-, . ,,). I~.I It __.......~..._, V REPOR"I II PD_~::;Qp__.... ' Page 2 A golf driving range use in this location should be evaluated with respect to its compa,tibility with surrounding uses. Any implementing by-law should include provisions which place this use in a 'special zoning category that restricts development to the proposed use. ' , ' Servicing The property is serviced by private well and septic sewer service. The applicant is required to provide a detailed site plan showing the location of all existing and proposed structures, private sewage disposal system envelopes (including 100% replacement area) and wells, Details of the operation including the number of patrons per day, a floor plan of the proposed clubhouse (including kitchen) and the number of proposed employees is also required. Provincial Plan Review Responsibilities This applicatiòn has been screened in accordance with the terms of the provincial plan review responsibilities. Policy 2.1.3 of the 1996 Provincial Policy Stateme'nt (PPS), as amended in 1997, permits limited non- residential uses within prime agricultural are8;s provided that: · there is a demonstrated need for additional land to be designated to accommodate the proposed use; · there is no reasonable alternative locations which ~void prime agricultural areas; and · there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. An Agricultural Assessment, prepared by LEAP Consulting, datedOctober 17,2003, indicates the subject property contains 80% Class I and 20% Class 4 soils. The report also concludes the property is marginal from an agricultural perspective, since the property is located in proximity to Greenwood and major roads (Highway 7 and Regional Road 31), and that no other alternatives exjst for this facility. Additional jnformation should be provided by the applicant's consultant to demonstrate that there is a demonstrated need for additional land to be designated to accommodate the proposed use and that there are no other reasonable alternative 1 Prime agricultural areas are defined as an area where prime agricultural land predominates. Prime agricultural land is defined as land that includes specialty crop lands and/or Canada Land Inventory Classes 1, 2, and 3 soils, in this order of priority for protection. .'J /('. ii- ,~,~".._'"'_~,_ "..-,:;.~ :- ",J .. .6fz.::ºf? Page 3 locations which avoid prime agricultural areas to accommodate the proposed use. The Minimum Distance Separation (MDS) data sheets were not completed with the submission of the application. These sheets are necessary to 'ensure the proposal incorporates an adequate MDS from existing . livestock operations, in accordance with Policy 2.1 .4 of the PPS. No further provincial interests appear to be åffected by this amendment. This application is considered to have nO significant Regional or Provincial concerns; In accordance with Regional By-law 11-2000, this application is exemptfrom Regiona! approval. It is anticipated that the previously mentioned Provincial and Regional issues will be addressed as part of the . amendment application process. . Please advise the Commissioner of Planning of your Council's decision. If Council adopts an Amendment, please forward a record to this Department within 15 days of the date of adoption. The record should include the' following: · Two (2) copies of the adopted amendment; · A copy of the adopting by-law; and · A copy of the staff report and any relevant materials. If you have any questions, please call Ray Davies, Planner, at (905) 728- 7731, extension 3223. . Yours truly, -' '\,/'/......;". ' " . .."./1....-' I '. C/ Kai Yew, Manager Plan Implementation Current Operations Branch cc.: Pete Castel/an, Regional.Works Department Karl Kiproff, Regional Health Department R;\Rdllopalopa02·004·p revisedcomments The Regional MUnicipality of Durham Planning Department f;,nACHj\fjËN1#_~TO ' REPOR1 1/ PD_.---=.Q~.~_"."".. March 1 0, 2006 Steve Gaunt, MCIP, RPP Senior Planner, Planning and Development Department City of Pickering One the Esplanade Pickering ON L 1 V 6K7 ri r.:) Dear Mr. Gaunt: errv OF Pir'¡\.i'ç:~¡:::nl\¡":::· >:1>1 À~'N ,., ....L.' 01 "".' , '- ... ,NG & DEVELOPMENT m:;pJ'.¡!:'{TMENT " " 605 ROSSLAND ROAD E 4T>rFLOOR Re: PO BOX '623 , WHITBY ON L 1 N 6A3 CANADA 905-668-7711 Fax: 905-666-6208 E-mail: planning@ regton,durham.on,ca www.region.durham.on.ca Region's Review of an Application to. Amend the City of Pickering Official Plan'- OPA- 02-004/P. Cross Ref: A21/02 & 18-Z0-02903-01 Applicant: Bill & Ann Clancey Location: Part of Lot 8, Concession' 5 Municipality: City of Pickerihg A.L. G~o~gieff, MCIP, R:P The above-captioned applications seek to permit a golf driving range CommiSSioner of Planning , ." ' , ,'. . on the subject lands. The Region previously commented on these ' applications in letters dated April 6, 2004 and April 25, 2005. However, during our meeting held on February 3, 2006" Regional staff identified the fact that the subject lands may be impacted by the future realignment of Westney Road. Therefore, the proposed amendment to the City of Pickering Official Plan would be premature pending the outcome of an Environmental Assessment for the Westney Road realignment. Should the City wish to accommodate the proposal at this time, a temporary use by-law pursuant to Section 39 of the Planning Act would be ,an appropriate approach from the Region's perspective, If Pickering Council, adopts the proposed Official Plan Amendment, please be advised that approval of such an amendment would not be exempt from Regional approval. In addition to our comments provided April 6, 2004 and April 25, 2005, the following additional comments are provided for your consideration. , If you have any questions regarding this matter, please contact Ray Davies; Project Planner, at (905) 668-4113, extension 2549. @ 100% Post Consumer "rl í,J'UV;C'IH\ Jl l 7rr 16:, "rtUrÛVtL. .'1, ff -"'L~''"'''''-~-' "-~ HtPûR1 Ii PD~.__'2..:º~",."., ¡&...... . Brian ~;~an, MCIP, RPP Director of Current Planning Attachment Copies: Pete Castellan, Regional Works Department Steve Mayhew, Regional Works Department . Karl Kiproff, Regional Health Department Page 2 'f' I]çr :",:~2lê~~º~.!.. Attachment to Letter Dated March 10, 2006 Transportation The subject lands are located in pr()ximity to a future Type B arterial road (Westney Road) as designated on Map B2 to the Regional Plan. Type B arterial roads are to be designed to have a right-of-way width ranging from 30 to 36 metres. The Regional Works Department's four year forecast identifies the need for a municipal class Environmental Assessment (EA) for the proposed realignment of Westney Road, which would form a by-pass around the Hamlet of Greenwood consistent with the conceptual alignrnent contained in the DÜrham Regional Official Plan and recommended in the Transportation Master Plan., The EA has been programmed for 2008 and based' on this schedule construction could occur by 201 t. This EA has been scheduled in a manner to take advantage of the preferred Highway 407 alignment as contemplated in.the Highway 407 East Completion EA process, which is currently underway and scheduled for completion by 2008.' Given thatthé subject property may be located within a corridor of potential road realignments, as conceptually depicted in the Regional' Official Plan, the subject applications are premature pending the outcome of the EA. A temporary use by-law, however, may be appropriate to allow the proposal to proceed, provided that an agreement between the applicant and the Region address the following matters: ~ Dedication of any lands necessary to accommodate the future alignment of Westney Road through the subject property; and' ~ Site .design measures to protect the future alignment ofWestney Road from activities related to the driving range use. R:IRd\lopalopa02-004-p rev2 åñsê,RŸåNùòn for The Living City February 13, 2004 IS, f; pu 2E.r"06' ( "."....q..._,."...-,.."".,- .-"..........'.......'.,.......,...,., Mr. Steve Gaunt City of Pickering Pickering Civic Centre One The Esplanade Pickering, Ontario L 1 V 6K7 \õì ~ [.~ IE \J.~..q .~ rru Ifi1 F £B 1 ß 1001, \1)) C\TY OF PICKERING PICKERING. ONTARIO RECE ~V~': ~Jì ~'" !l~.~ Dear Mr. Gaunt: FIB 1 B 2004 CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT Re: Official Plan Amendment Application OPA 02-004/P Zoning Amendment Application A 21/02 Minister's Zoning Order Application 1 S-ZQ-02903-01 Part of Lot 8, Cone. 5 South Side of Concession 6, east of Westney Road City of Pickering (Bill and Ann Clancey) Further to our discussions and after receipt of the above applications to allow for a golf course driving range on lands south of Highway 7 adjacent to the village of Greenwood, staff offer the following comments. We understand from your discussions with Ministry of Municipal Affairs that the proposed use is not impacted by Bill 27 and that the related Minister's Zoning Order is being processed. The subject property is not impacted by any natural features and is removed from the Carruthers Creek. In light of this staff would have no objections to the municipality's approval of the above applications. However, we note that staff would like an opportunity to review the site plan details to ensure that program concerns are addressed in the design of the golf driving range. Specifically, we would like assurances that the driving range plans will address matters such as lighting, turf management and water management to the satisfaction of the TRCA. Please be advised that the application is subject to TRCA fees. The preliminary fee required is $750 and should be provided prior to submission of a site plan application. We trust that this is satisfactory. If you have any questions please contact the undersigned. ussel White Senior Planner Development Services Section Ext. 5306 RW/dli c.c. Planning Department, Region of Durham fV'R§lPb!6L1C\ºri\¡'in£range¡."'Ypd ,. ", ,. 5 Shoreham Drive, Downsview, Ontario M3N 1 S4 (416) 661-6600 FAX 661-6898 www,trca.on.ca -&. . ~-~ f¡'.,,_,.^.t~L_~.TO f' Pu. 26 -D6 ~.....'. .._,.,.."'."'.".__-.._,."'....,,~."'"'_:...~.,:.,,'.,..,~,.'..'" GREATER TORONTO AIRPORTS AUTHORITY Airport Planning Olga SßÚd Manager, Land Use Planning Tel: (416) 776-7355 Fax: (416) 776-4168 (Transmitted via Facsimile 905-420-7648) April 20, 2005 tff~~ f{\ ~. ~!f;r F" ~l Mr. Steve Gaunt, Senior Planner City of Pickering - Planning & Development Department Pickering Civic Complex One The Esplanade Pickering, Ontario LIV 6K7 /:\ F¡ f(~l 0 ;? 0 c~ 5 CiTY OF: NG ·"I.Þ.NI\liNG g t¡c,VELCPMENT DEPÞ.HTili1l::NT Dear Mr. Gaunt: RE: Notice of Public Meeting - April 21, 2005 Part of Lot 8, Concession 5 (Parts 1,2 & 3, Plan 40R-16157) Proposed Golf Driving Range Proposed Official Plan and Zoning By-Jaw Amendment File Nnmbers OPA 02-004/P. A 21/02 and 18-Z0-02903-01 Thank you for providing the Greater Toronto Airports Authority (GTM) with a copy of the Notice of Public Meeting regarding the above Official Plan and Zoning By-law Amendment Application. The GT AA has no comment on this application relative to the planning for a possible airport on the Pickering Lands. If you have any questions, please feel free to contact me at 416-776-7355. Yours very truly, G~:E~NTO AIRPORTS AUTHORITY Ol~:~mid Manager, Land Use Planning (in'awe Tnrnl1to ,·\irports ;\uthorily Tc\ftJl1ln l'l'arsnn InINn'ltit.ni.1I :\i,-porl I'.l>. II", hII.\ I :\ III Clll\'¡¡ir Dr!"" It)ftJl1to·\\fI, t1ntdri<:, C¿)í.ld~1 I.:)p 1112 1'11<>11<".14 ¡(¡I 776.:!OOO ¡:¡". (416, 776.7746 \\·\\'\\'.~taa.l"(Hlt /' ".' ·1'''''iJ'N:I~'-'.· .1.'. 2D... . '1..0·..· "'~' . !·~~i, t/t,IL\ ~ rt ..' ...,' . r:::TflP-¡ F PD '"-iG::'õ6~": ".., ..,' " , . ,"......"'~,........~.---_...."..............~,- VERIDIAN CONNECTIONS DEVELOPMENT APPLICATION REVIEW ""'==== ] I II PROJECT NAME: Bill and i\lln Clancey - Proposed Driving Range: ¡:::=-:;¡ -= ADDRESS/PUN: Sou.th ~idc ofConcc:s5ion 6. ease ofWcstney Ro~d (Part ofLof 8, Cone 5) == Il MUNICIPALITY: Pickering :REF. NO.: OP A 02-004/P, A 21/02 & 18- ZO-02903-01 SUBMISSION DA'rE: March 31, 2005 ~ 1. Vendian Connect:Îon5 has no oÞjectlon to the rezoning applicanoll. 2, Orhc:r: · Complete scxv:icing details win depcnd 011 loading details provide, by the Applicant, Technical Represenl:acivc - Don Dunett. Telephone 427-9870 Exr. 3253 I I'P/Jf 1',\dfri'j;cll\P,volopn,",,, AI'plk.rion J\cviL~v\Pid;o';"ß\21~fi\lIi" and Ann Cllln«y. D..ivj"I: l(¡tll~O,"')C Hydro One Networks Inc. Land, Buildings, Service & Security P.O. Box 4300 Morkham, ON L3R 5Z5 www.HvdroOne.com Courier: 185 Clegg Road Markham, ON L6G] B7 September 21, 2005 IT1 f¡~...1:.\ " . TO .,'.<!'! ".6 Ii .. u....~6....=Q . hydroe1 ¡one Henry Kortekaas & Associates Inc. Landscape Architects 82 Sherwood Road East Ajax, Ontario L1 T 222 ((~:~~\.....,.. """ f ~:", ,; "..~-~ ...', ---', ~..'.... . ( ! ,/ \ \ ! ¡""\ ',.\/'¡ \ II ï f ,I ~....., " '\ \¡ I' \....'.> \~:~/ Lt-··' j (' .... Dear Mr. Kortekaas: Site Plan Application Anne and Bill Clancey Driving Range and Practice Faciiity Concesion Rd 6 Part Lot 8, Cone 5 City of Pickering File: not available Please be advised that Hydro One Networks Inc. ("Hydro One") has no objection in principle to the proposed site plan. As the proposed facility is directly bisected by a Hydro One high voltage transmission easement, the following conditions should be included in the site plan control agreement. 1. Any development in conjunction with the proposed site plan must not block vehicular access to any Hydro One facilities located on the right of way, During construction, there will be no storage of materials or mounding of earth or other debris on the right-of-way. 2. The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this site plan would be borne be the developer. 3. The easement rights of Hydro One and its legal predecessors are to be protected and maintained at all times. In addition, the following information should be conveyed to the developer as a precaution: 1. The transmission lines abutting this development operate at either 500,000 or 230,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energized 500 kV conductor. The distance for a 230 kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. We trust this is satisfactory. If you have any questions please call me at your convenience at 905,946,6235. YOU~S,Tru, ,1 11- ..JC' ,,}At_ Maria Lema AI Real Estate Assistant Real Estate Services Hydro One Networks Inc. Main: 1·888-23]·6657 0 D Lo'w,Voltage Rights: 1-800-387-1946 cc Hydro ne - ave t:1 IS Employee Relocation: ]·800·756-6836 ¡~ ,.~2.2.:._._.. TO hc¡:JORl II PD.......~b,':f2f:L,.,,,...,, PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM September 12, 2005 To: Steve Gaunt Senior Planner From: Robert Starr Supervisor, Development Control Subject: OPA 02-004 / P & A 21-02 Anne and Bill Clancey City of Pickering All on-site works to be controlled through a Site Plan Agreement with the City. Any off-site works, if required, may be controlled through a Development Agreement with the City. ~ Robert Starr RS:bg J:'Docum.nls\D....elopmenl Conllo1\BOBSTARR\mflmoslapphc;lItions\OPAIC1ancev· driving 'ange.oøc: ""¡~ï'F('·;..I";-(.·'!1 ,j.¡ 23 f<~' '.i"i.~_""· t~'."i_~\' ¡' 1l...,..'>-.",,,........,,,,,.,................,,..... F.(::>()¡·n ¡: PO 2.6-ot.. --~~...._-.."""_. OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION MEMORANDUM RECEIVED September 15, 2005 SEP 1 9 7..005 CITY OF PICI<ERING PLANNING & DEVELOPMENT DEPARTMENT To: Steve Gaunt Senior Planner From: Richard Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Official Plan Amendment OPA 02-004/P Zoning By-law Amendment Application A21/02 & Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey Part of Lot 8, Concession 5 (Part 1, 2 and 3, Plan 40R-16157) (South side of Concession 6, east of Westney Road) City of Pickering The Municipal Property & Engineering Division has completed a review of the above noted OPA and Zoning Applications for a Golf Driving Range and provide the following comments. 1. The City should protect for the possibility of the road allowance between lots 8 and 9, Concession 5, also known as Sideline 8 being used as the future Westney Road by-pass of Greenwood. This has been identified in the City and Region of Durham Official Plan as a Type B arterial road. The Region of Durham should be consulted on the required right-of-way requirement, and the applicant be advised of the road widening to be conveyed. RH:ko Copy: Director, Operations & Emergency Services Coordinator, Engineering Design & Systems 'T,./',r.U'JC'!ìJf l L/ TG fJ.,' t -¡.U! il~ ,L!¡. ¡ }, .'.,..........v,,·~;,.............,,~'""~, .J if PD~""'-'~~.::º~,,,.,.,.. OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION RECE~VEI) MEMORANDUM September 26, 2005 SEP :3 n 2005 CiTY OF PiCKERING PLANNING I;' DEVELOPMENT DEP,\HTIV1ENT To: Steve Gaunt Senior Planner From: Shahid Matloob Coordinator, Traffic Engineering Subject: Official Plan Amendment OPA 02-004/P Zoning By-law Amendment Application A21/02 & Minister's Zoning Order Application 18-Z0-02903-01 Bill & Ann Clancey Part of Lot 8, Concession 5 (Part 1,2 and 3, Plan 40R-16157) The Municipal Property & Engineering Division has completed a review of the above noted OPA and Zoning Applications for a Golf Driving Range and provide the following comments from a traffic perspective. 1. Based on the information provided from the Institute of Transportation Engineers (ITE) Trip Generation Manual 6th Edition, proposed golf driving range will generate 35 trips during the PM peak hour. 2. Sixth Concession Road has been classified as "Rural Local" with a posted speed limit of 40 km/hr. Rural local roads are designed to carry traffic volumes of less then 1000 vehicles per day. The existing traffic volume on Sixth Concession Road west of Westney Road shows that it's operating well below the established limits for a "Rural Local". 3. Sixth Concession Road east of Westney Road is recommended for rehabilitation/reconstruction and has been included in the proposed 2006 Capital Budget. In conclusion, traffic volumes generated by the proposed development will not impact the area roadway network, Please do not hesitate to contact me if you need additional information, SM Copy: '" J' ...+/~ "'';., '\ "....> .,. (', '. \ 'Shahid Matloòb, _ ¡ / ,. ~16· ð~ ,),t- cJ¡Jß(4{.~'i'n~ Division Head, Municipal Properly & Engineering A<1r,~",t 'I' "" ct ' "ß í2 .4./<1." Supervisor, Engineering & Capital WOrkSf <1/ 10, fÚ":b~~;tf~ c:t~¡,:,d? _f-La../~C.l:[,4t?~':'-C"-C'1 ' - 'ì r~~~) .. ..' 'I '7 '~." . ' I / <.I ¿>CJZ.' ·{;,)¿..'Z,,'~ . ¿' ," ,-if:<. ¿.-u/ðZ,ð<}UI'7---L ~,-;-c;:- ') ...7/,jÝ-' ..' . ""7 ,'J ( /~~. ¡'/ 'k: .2ðé; . )! /"{/., ¡o<Vl-Cf.... DV¡ -;2 c-z, G. CUll 0# REPORT TO EXECUTIVE COMMITTEE Report Number: PD 27-06 Date: April 10, 2006 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment Application A 29/05 2075729 Ontario Inc. 1962 Guild Road and 1640 Kingston Road (Part of Lots 1 & 2, Plan 316 and Part of Lot 20, Concession 1) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 29/05 be APPROVED, as set out in the draft by-law attached as Appendix I to Report PD 27-06, to amend the existing zoning on the subject property to permit limited retail and commercial uses including a patio furniture outlet and an antiques market for a temporary period of three years, on lands being Part of Lots 1 & 2, Plan 316 and Part of Lot 20, Concession 1, City of Pickering. 2. That the applicant's request to permit the full range of uses permitted under Section 12, "C2" - General Commercial Zone, By-law 3036, as amended, be DENIED. 3. That the amending zoning by-law to implement Zoning By-law Amendment Application A 29/05, as set out in Appendix I to Report PD 27 -06, be FORWARDED to City Council for enactment. Executive Summary: The applicant requests a 'zoning by-law amendment to permit the establishment of retail commercial uses including a patio furniture outlet and an antiques market, on a temporary basis (see Attachment #1 - Location Map). The subject property is currently zoned "C2" - General Commercial Zone by Zoning By-law 3036, as amended by By-law 3920/70. This zoning permits a food market with complimentary retail stores only. The temporary uses proposed through this zoning by-law amendment application would operate within the existing building (see Attachment #2 - Applicant's Submitted Plan). It is our understanding through discussions with the applicant that this property will be redeveloped in the near future. A temporary use by-law is considered an appropriate short-term method to allow limited activity on the subject property, pending the design and approval of redevelopment plans. The applicant's proposal for temporary use zoning is compatible with the surrounding neighbourhood and conforms to the Pickering Official Plan. It is recommended that this application be approved, and the draft temporary use by-law be forwarded to City Council for enactment. A draft amending temporary use zoning by-law is attached to this Report as Appendix I. Report PD 27-06 Subject: 2075729 Ontario Inc. (A 29/05) Date: April 1 0, 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 January 19, 2006 Public Information Meeting (See text of Information Report and Meeting Minutes, Attachment #4) · Anthony Biglieri from The Biglieri Group Ltd., authorized agent, attended and advised that the owner intends to clean up the subject property; · Two area residents expressed concern respecting the appearance of the property, the lack of appropriate screening 1 fencing of the property; · lain Rankin from Charter Home Management attended and expressed concern regarding the definition of an antique market and requested further clarification of the proposed temporary retail uses on the subject property; 1.2 Following the Information Meeting · Electronic correspondence was received from lain Rankin, representative of Charter Home Management, expressing concern with the intended short-term uses for the subject property (see Attachment #5); · A letter was received from Rick Gallant and Lynda Laffan, property owners at 1961 Guild Road, expressing their concern with the volume of truck traffic utilizing the existing access located on Guild Road and the aesthetics of the property (see Attachment #5); 1.3 City Department and Agency Comments Region of Durham Planning Department - no objection; - the applicant's proposal complies with the Regional Official Plan; - no matters of provincial interest are applicable to this application; 2.0 Discussion 2.1 Proposal 2075729 Ontario Inc. proposes to amend the zoning by-law to permit the establishment of retail and commercial uses, including a patio furniture outlet and an antiques market, within the existing building on the subject property, on a temporary basis. The property is located at the northwest corner of Kingston Road and Guild Road, adjacent to hydro corridor lands. The existing building on the property is currently known as the former Knob Hill Farms building. Report PD 27-06 Date: April 10, 2006 Subject: 2075729 Ontario Inc. (A 29/05) Page 3 The applicant does not propose to alter the overall site functioning during the period which the proposed temporary by-law is in effect. The applicant advises that the site will function in the same manner as it does today. The applicant further advises of their intent to continue to clean up the site and to provide an upgrade to the exterior appearance of the development. The applicant has requested that retail and commercial uses be permitted on the subject lands on a temporary basis, while redevelopment options are pursued. 2.2 Uses and Compatibility 2.2.1 The proposed temporary uses complv with the Official Plan desiqnation The subject property is designated Mixed Use Areas - Mixed Corridors within the Village East Neighbourhood. This designation permits the retailing of goods and services generally serving the needs of a broad area. 2.2.2 Lease arranqements have been made between the applicant and Hvdro One Networks Inc. to continue to permit parkinq on the abuttinq hydro corridor lands to the west The City has received confirmation that the applicant has entered into an agreement with Hydro One Networks Inc., to permit parking on the abutting hydro corridor lands located immediately west of the subject property. This agreement is in effect until the year 2010. It is recommended that the proposed Temporary Use By-law formally establish that required parking for this development may be provided on the abutting hydro corridor lands to the west. 2.3 Zoning By-law Performance Standards 2.3.1 The proposed Bv-Iaw will be in effect for Three Years from the date of passinq and would permit limited General Commercial Uses on the subject lands The applicant is requesting that the full range of commercial and institutional uses permitted under the "C2" - General Commercial Zone provisions of By-law 3036 be permitted on this property on a temporary basis (see Attachments #6 and #7). Staff do not consider it appropriate to extend this high level of land use flexibility to this buildinglsite at this time, through temporary use zoning. Full range zoning would allow uses to be established which are more permanent in nature and which potentially work against the objective of full redevelopment of this site. Report PO 27-06 Date: April 1 0, 2006 Subject: 2075729 Ontario Inc. (A 29/05) Page 4 The restricted uses proposed by staff for the temporary use by-law will provide limited opportunity for some retail and commercial uses On a temporary basis. This will avoid the undesirable condition of having an empty building on Kingston Road within Pickering's Downtown while the owners consider redevelopment options and permanent zoning. It is recommended that the amending by-law be approved for a temporary period no greater than three years from the date of passing, and be limited to only permit the establishment of the following uses: - antiques market - bakery - business office - food store - laundromat - personal service shop - dry cleaning depot - retail store 2.3.2 The proposed Temporary Use Bv-Iaw will prohibit a Flea Market 1 Exhibition Hall operation on the subject property It is recommended that the temporary use by-law require that demising walls be constructed between separate occupancies, and limit public access to each occupancy via the outside walls of the existing building. These restrictions will eliminate the opportunity to introduce a Flea Market or Exhibition Hall use, as defined in the draft temporary use by-law attached to this report. A Flea Market or Exhibition hall use should not be considered through a temporary use by-law, but rather through a permanent zoning by-law amendment, where a comprehensive review of supporting studies (including those on land use compatibility and transportation) would be required. 2.4 Site Plan Approval 2.4.1 The City's requirements with respect to development of the subject property will be addressed throuqh the site plan review process As this proposal constitutes a significant change of use for the lands, site plan approval will be required. Considering that no changes are proposed to site function, that all uses are to operate from within the existing building on the property, and that uses are for a temporary period, site plan requirements will be gauged accordingly. The following site plan requirements have been identified at this time: . upgrading the buffering/screening measures for parking andlor loading areas adjacent to Guild Road; . maintenance of privacy fencing adjacent to existing residential development in the neighbourhood; Report PD 27-06 Date: April 1 0, 2006 Subject: 2075729 Ontario Inc. (A 29/05) Page 5 . relining all parking spaces and parking lot aisles on the property and on adjacent Hydro One lands to the west, in accordance with the dimensional requirements of Zoning By-law 3036 3.0 Applicant's Comments The applicant has been made aware of the content of this report. Appendix: Appendix I: Draft Implementing By-law Attachments: 1 . Location Map 2. Applicant's Submitted Site Plan 3. Text of Information Report 4. Minutes from Statutory Public Meeting 5. Public Comments - lain Rankin, Rick Gallant 1 Linda Laffan 6. Applicant's Letter - The Biglieri Group Ltd. 7. Comparison Chart - "C2" General Commercial Zone and proposed "C-19" General Commercial Zone Report PD 27-06 Date: April 1 0, 2006 Subject: 2075729 Ontario Inc. (A 29/05) Page 6 Prepared By: ~(2 J , / ." 1 /i-z.... . ;~~# Rick Cefaratti Þ Planner II RC:jf Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci y Council II DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 29/05 APPENDIX I TO REPORT PD 27-06 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 Lots 1 and 2, Plan 316 and Part of Lot 20, Concession 6, in the City of Pickering. (A 29/05) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to enact a temporary use by-law for the establishment of retail commercial uses including a patio furniture sales outlet and an antiques market on Part of Lots 1 and 2, Plan 316 and Part of Lot 20, Concession 6, 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 attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands on Part of Lots 1 and 2, Plan 316 and Part of Lot 20, Concession 6, in the City of Pickering, designated "C-19" 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. - 2 - 4. DEFINITIONS In this By-law, (1) "Antiques Market" shall mean a building or part of a building in which is provided for the sale of any old and authentic objects of personal property and any article which was made, fabricated or manufactured 20 or more years earlier and which has unique appeal and enhanced value mainly because of its age and / or, due to public demand, has attained a value in a recognized commercial market which is in excess of its original value, but shall not include a flea market or exhibition hall; (2) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (3) "Business Office" 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; (4) "Demisinq Wall" shall mean an interior wall that separates one occupant's usable area from an adjacent occupant's usable area and 1 or from the building's common areas; (5) "Dry Cleaninq Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (6) "Exhibition Hall" shall mean a building or part of a building where the temporary exhibition of music, art, goods, wares, and the like are displayed and made available for sale and which may include a flea market use; (7) "Food Store" shall mean a building or part of a building in which food, produce and other items or merchandise of day-to-day household necessity are stored, offered and kept for retail sale to the public; (8) "Flea Market" shall mean a building or part of a building in which stalls or stalls areas are set aside and rented or otherwise provided where groups of individual sellers offer goods, new and used, for sale to the public; - 3 - (9) (a) "Floor Area" shall mean the aggregate of the floor surface contained within the outside walls of a storey; (b) "Gross 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; (c) "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; (10) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (11) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, 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; (12) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; 5. PROVISIONS (a) Uses Permitted ("C-19" General Commercial Zone) No person shall, within the lands zoned "C-19" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) antiques market (b) bakery (c) business office (d) dry cleaning depot (e) laundromat (f) personal service shop (g) retail store (b) SPECIAL REGULATIONS A Notwithstanding Clauses 5 (1) (a) to 5 (1) (g), demising walls and 1 or partition walls, subject to the requirements of the Ontario Building Code, shall be constructed to separate individual occupancies permitted in this by-law; -4- B Notwithstanding Clause 4 (i), a flea market or exhibition hall shall not be permitted; C Direct access to separate occupancies shall only be provided from the exterior walls of the existing building; D The building existing on the lands, on the date of the passing of this by-law, shall be deemed to comply with the provisions of By-law 3036, as amended; E Nothing in this By-law shall prohibit the subject property from being used in accordance with the provisions described in Section 12.4 of By-law 3036, as amended; F Notwithstanding Section 5.21.1 of By-law 3036, as amended, the required parking for the subject development may be provided off site on the abutting hydro corridor lands to the west. 6. BY-LAW 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Nothing in this By-law shall prohibit the subject property from being used in accordance with Section 12.4 of By-law 3036, as amended. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act, as amended and shall remain in effect for three years from the date of passing hereof, unless repealed or extended in accordance with the abovementioned provisions. By-law read a first, second, and third time and finally passed this day of , 2006. ~:<~~;,\ David Ryan, MaY~r't\!'~' ~;. \i;_ 't'\< \(, t·::;(Þ~¿;,,v"· ~ \(.': lÆi; Debi A. Bentley, City Clerk \ "... - \ -- \ ,,- \ \ --- ,,- \ \ \ \ - - - - - - - - - - - - - - - - - ~ () 16 (J o ~ 6 ~ , - y- - - \ - - - x- - - - - \ - - x- - - - - \ - - - - - y- - \ - - - x- - - - - \ - - - - - x- - - - - - \ - - - y- - _-\ - - \...-..-f' - - - \ - - - - -\-- - - \ - - ...)--- - - - .... C-19 PART OF LOT 1 & 2. PLAN 316 AND PART Dr LDT 2D CDN, 1 SCHEDULE I TO BY-LAW PASSED THIS DAY OF 2006 ~ «:-0 O~ 0' C? ~~ DAVID RYAN - MAYOR :( - ---~·t.1 /," (c·· /,- " DEBI A. BENTLEY - CLERK - - - - , , , , ' , , , , , , '. ""'y,,, , , , , l' N r---'ðF-Lo~ ~oc~~~ ~2~ ~:--L__ - ~ " ~ r . ~ \ In1~ I ~ ~~ -J~/ ~~ R -I--- 0 ;:0 -t-- C§ I 0-1- cr 1;= ~ ~ EVARD ~ ~ - "-~V ~ ~ V ~ ~ ~ ~~~ I Í~ 7lh' ~ ~ ~ ~~ !1ìJíD~. / /~ t= ~~ t/RCC< ~~ / :::::; ..J ".- s:: I-- ::?Jrï V ~ 5ó I ' ~\> ;{/ ~ 11><)- ~~ ~-rll(~ /1ÎÌ City of Pickering Planning & Development' Department PROPERTY DESCRIPTION PART OF LOT 20 CONe. 1, PART OF LOTS 1 & 2, PLAN 316 OWNER 2075729 ONTARIO INC. DATE NOV. 23, 2005 DRAWN BY JB I- : ------ ../' ~ oS ~ ATTACHMENT I J TO REPORT # PD ~ 7 - 0 ~ ec:: o o er:: er:: o u t= ~ . .' BE:ATO~$lJJ H II ~ ~I--' ~ - ~ ')- / r-~-_ - \ . ~~ r--=:::: /' ~~ ~~ ~~~/ ~IL AVENUE \ ,i t·~ ) FINCH ~ I .....- f-- - - -0 -<C o cr - 0- <C o cr I ~~ \ \ I . ,,\. , . SUBJECT ~) PROPERTY.~ "-./ o ..J ;:) Ü o <C o cr o'?-\) ~ ~ u o cr CD " \-t.~ '-' I / / / ~ \';\\. ~~ '~~§ \ ~~c---. SCALE 1 :5000 CHECKED BY RC l' FILE No. A 29/05 PN-9 o!.a ::.aurc...; ~- ~-:;6;.~P~"i.~:~.~:. 1~~"op~:;'~.!l~II·~r:~~~'·Å.~~":~QØ~'·N~·~·';~Dd~ ~~ts~~I:." of ."H'vey. ATTACHMENT # ':J TO REPORT # PD ':;;.-7 ~ DC., INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN - A29j05 2075729 ONTARIO INC. (Or D.O.T. Potio & Home Retoil Store (Proposed) .111.:'1" .ae'Ol'OO"t _UI ...~'t. "'"~ .- KINGSTON ROAD THIS MAP WAS PROOUCED BY THE CITY OF PICKERING. PLANNING &- DEVELOPMENT DEPARTMENT. IN FORMA TlON 4c SUPPORT SERVICES, NOVEMBER 23. 2005. :\ l' ~. 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INFORMATION REPORT NO. 02-06 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 Amendment Application A29/05 2075729 Ontario Inc. 1962 Guild Road and 1640 Kingston Road (Part of Lots 1 and 2, Plan 316 and Part of Lot 20, Concession 6) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 1.7 hectares in size and is located on the northwest corner of Kingston Road at Guild Road; (see Attachment #1 - Location Map); - the site contains an existing one-storey commercial building which was previously used for a food supermarket; - the site is surrounded by residential uses to the north and south, a vehicle repair shop to the east, across Guild Road, and a hydro corridor to the west; - the existing parking area on the west side of the subject property is partially located within the above-mentioned hydro corridor. 2.0 APPLICANT'S PROPOSAL - the applicant proposes to amend the existing zoning to permit temporary retail and commercial uses including a patio furniture retail outlet and an antiques market on the subject property (see Attachment #2 - Applicant's submitted site plan). Information Report No. 02-06 An t\CHME~I1I1:3 TO rH:PuR111 PD ~)- () ~ Page 2 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham ReQional Official Plan - the subject property is designated Urban Area - Main Central Area; - lands within this designation shall be developed as the main concentration of urban activities and providing a fully integrated array of community, office, service, shopping, recreational and residential uses; - the application appears to conform to the Durham Region Official Plan; 3.2 PickerinQ Official Plan - the subject property is designated Mixed Use Areas - Mixed Corridors within the Village East Neighbourhood; - this designation permits the retailing of goods and services generally serving the needs of a broad area; - the lands are subject to the Kingston Road Corridor Development Guidelines; 3.3 VillaQe East NeiQhbourhood - the subject property is located within a Detailed Review Area of the Village East Neighbourhood; - The Urban Neighbourhood Policies of the City's Official Plan allow City Council to adopt development guidelines for Detailed Review Areas identified on neighbourhood maps; 3.4 KinQston Road Corridor Development Guidelines - Brock Road Corridor Precinct - establishes the Brock Road Corridor Precinct as the eastern entrance to Pickering, from Kingston Road and Highway 401; - will generally remain an auto-oriented corridor with auto-dependent land uses, but with strengthened pedestrian connections at significant intersections; 3.5 ZoninQ Bv-Iaw 3036. as amended bv Bv-Iaw 3920/70 - the subject lands are zoned "C2" - General Commercial Zone by By-law 3036, as amended by By-law 3720/70; - the current zone category permits the subject lands to be used exclusively for the operation of a food market with complimentary retail stores; - the applicant has requested an appropriate zone category that would permit temporary retail and commercial uses including a patio furniture retail outlet and an antiques market on the subject property. Information Report No. 02-06 I it 3 Yn , 'I, ..."'..',',.....-..."'.,.,."'....._........."."",... e I...J jf PD ;;;-7 - ð l> '..._..""n'~_"_.._......~,......,....,,..>'··.......,n' Page 3 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments no written resident comments have been received to date; 4.2 Aqencv Comments Veridian Connections - no objections 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 temporary retail and commercial uses, including a patio furniture retail outlet and antiques market, with the surrounding lands; · clarification of the nature of the proposed temporary land uses mentioned above; · confirmation that lease arrangements have been made between the applicant and the Ontario Realty Corporation to continue to permit parking on the hydro corridor lands; · the examination of the overall site functioning, including parking requirements, to ensure that the on-site circulation and parking supply is adequate; · the examination of any interim improvements required on the site, including the existing building, to accommodate the temporary uses proposed in this application; · the determination of an appropriate length of time for which the proposed temporary uses shall be permitted on the subject lands; · the evaluation of the Kingston Road Corridor Guidelines - Brock Road Precinct and its effect on the subject property; - 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 & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; Information Report No. 02-06 ¡' ('," rc,n"I! :3 T'" /",.':',;~ ',;'iiC..",' ; 'I" .,!~-....,.,·_..w".._.,._",.._,_.~._ " ~7:·0 {, Page 4 - 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; - if a person or public body that files an appeal of a decision of the Regional Municipality of Durham in respect of the proposed plan of subdivision does not make oral submission at the public meeting, or make written submissions to the Regional Municipality of Durham before the proposed plan of subdivision is approved or refused, the Ontario Municipal Board may dismiss the appeal. 6.0 OTHER INFORMATION 6.1 Information Received - full scale copies of the applicant's submitted plan, prepared by The Biglieri Group Ltd., are available for viewing at the offices of the City of Pickering Planning & Development Department; - the need for additional information will be determined through the review and circulation of the applicant's current proposal; 6.2 Company Principal - the owner of 1962 Guild Road and 1640 Kingston Road is 2075729 Ontario Inc. and the principal is Anthony Niceforo; - the authorized agent is Thomas Rees from The Biglieri Group Ltd. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Rick Cefaratti Planner II Lynda Taylor, MCIP, RPP Manager, Development Review RC:ld Attachments Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 02-06 COMMENTING RESIDENTS AND LANDOWNERS (1 ) none received to date COMMENTING AGENCIES (1) Veridian Connections COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMENT #1__~ TO HEPORì 1/ PD_ß,,:,7 - D".~_ 8. ZONING BY-LAW AMENDMENT APPLICATION A 29/05 2075729 ONTARIO INC. 1962 GUILD ROAD AND 1640 KINGSTON ROAD (PART OF LOTS 1 AND 2, PLAN 316 AND PART OF LOT 20, CONCESSION 6) CITY OF PICKERING 1. Planner Comments Rick Cefaratti, Planner I provided an overview of the application. 2. Applicant Comments Tony Biglieri, Planning consultant, Applicant Representative Stated his client is requesting a temporary zoning for an antique market and they intend to clean up the subject property. 3. Comments from Members of the Public Ian Rankin, Charter Home Management (owners of Pickering Flea Market) Ian Rankin believes this application has caused great concern with the definition of antique market, and temporary market and believes the by-law, as it stands, leaves the potential for this establishment to become a flea market. He stated that "temporary retail" needs to be clarified. Rick Gallant 1961 Guild Road Rick Gallant is concerned with the appearance of the property and wants the driveway to be on Kingston Road. Kathy Quinn 1976 Guild Road Kathy Quinn is concerned with the lack of a fence around the property and the issue of people walking directly into their backyard. 4. Applicant Response The Applicant Representative advised that their intent is for an antique market; they will look at the entrance off Kingston Road, work with staff with respect to fencing and they are already cleaning up the property. With respect to parking, the representative's understanding was that a ten-year lease was purchased and there are 8 years remaining on the lease. The meeting adjourned at 9:15 pm. ~> f:TI If Q.,e,__·ro HE.iom Ii PD --_.fl ·L2-.º:.,.C:..,~_.. Page 1 of 1 Rourke, Heather From: Yearwood, Ashley on behalf of Planning Web Email Sent: Thursday, February 16.2006 12:39 PM To: Rourke, Heather Subject: FW: Knob Hills Farms Building Hey Heather, can you find out who this e-mail should be circulated to? Thanks Ashley m--Original Message----- From: rain Rankin [mailto:iain@tcicanada.com] Sent: Thursday, February 16, 2006 9:58 AM To: Tony Biglieri Cc: viive tamm; Kim Ellis; laurie wildman; Peter Pickering; peter freeman; Mayor Web Email; Planning Web Email Subject: Knob Hills Farms Building Tony: You suggested I get in touch if there was any further developments regarding the rezoning of the above building. You know ,Your clients know, the city knows and I know what the short term intended use is for this building. However your client's tenant, the operator of the potential market ,does not know or if he does he is not adhering to the plan. We know the zonir1g is intended to include D,O.T plus an "Antique Market" (Which is yet to be difined but cfearly it does not include any new merchandise or anything typically found in a flea market) Any temporary retail is to be defined as having a store front and demising walls.. As much as I believe your good intentions and the good intentions of your client I am uncomfortable with your client's tenant. Your client has leased the proposed "Antique Market" space to the former operator of "The Midland Sheppard Flea Market". No matter what your client has instructed him to do he is still attemping to get Flea Market vendors in that building, Although he no longer comes on our site, in the last 3 weeks he has approached 3 of our flea market vendors that we know of to lease space in this building. He has openly stated to these tenants that he needs to add flea market merchandise to this market to make it work. One vendor he approached was one of our sock vendors for heavens sake. Unless this vendor plans to sell used socks this is a clear violation of the intended use. I understand this information could be characterized as hearsay. I also understand with the best of intentions things can go awry. But I have to say,because of the history of this building and the fact your client has leased the space to a known flea market operator I am extremely nervous and as Yogi Berra said this feels like deja vu all over again, I sincerely hope I'm wrong, lain tTTÞGHiflPH:# S Tn f."[I ;;;~2:'~'Q¡, ' "I ';£; /!/ ~'.~.. ¡:) 'l i-:, \9.~E,;Pij, 't~.~·~ /~A ~>" 0 (:/Ji,,t.Ç;.t:,.r,ÇI¡1\::'\'\' ( /: ,/ .'(,'.;0:Â ïjt t,;l;j~,,'/ f (... .. ,. ,~,..-.- :,,5',f;+i\_.J1/.1--·.. "J' I DE:?fi':~-;! ,- r -.../. . .. ..--.------..:.- C/" ~~A~~~~O~~ ..----.".'..-----.,....-....'---.. ,..-..._.......- ..-'-- . /."....) ~""\ ~~. .>/.~ / / /J l·4 / V ,/ , ì / /Î 'C· -;ï) i/ ,/ ç~) f/ 1/, / ~"/'>l·' ¿ß}l þ"?f \ -- - ..-.,~ L"'~.. 'p--v~CU br<-j/-t'/'--'r 7·¡:z,..'¡:'4/~~.. ----) -" '~'--"""""... - .... .j::.. ......~.. .J'''/ -- ......~(;-?:':¿lJ~I~{l:t!j f ¡ { ~" ./.:1 ,., . ,f ' /.5 q; I. 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'Þ ~ ~\ ilij W. im ~ ~" \~ ~\ß i.."1l'''Î) March 9, 2006 ;~1ÞJ? i ct; ~ ~,f City of Pickering Planning and Development Department 1 The Esplanade Pickering, ON L1 V 6K7 eríY OF PiCKERiNG :?lANNING & DEVELOPMENT DEPARTMENT Dear SirlMadam, Re: Proposed Temporary Use Zoning By-Law Amendment 1962 Guild Road and 1640 Kingston Road (former Knob Hill Farms site) This is in regards to the uses permitted via the proposed zoning bylaw amendment for the subject site located at the northwest corner of Kingston Road and Guild Street. The site is within the 'Village East' neighbourhood of the City of Pickering and is legally described as Part of Lots 1 and 2, Plan 316 and Part of Lot 20, Concession 6, City of Pickering. The subject site is currently designated C2-General Commercial with a site-specific exception that limits the allowable uses to the operation of a food market with complementary retail stores. In addition to the existing allowable uses, the Owner is proposing a zoning by-law amendment to permit temporary retail and associated commercial land uses within the existing one-storey building. The proposed uses are accommodated for as part of the "C2-General Commercial" zone. The Owner wishes to separate the existing building into two areas, permitting two distinct retail commercial land uses. The southern portion of the existing building will be utilized for the future site ofD.O.T Patio & Home, a contemporary patio furniture store. The northern portion of the existing building will be utilized for an antique market. An antique market may include such items as collectables, memorabilia, old coins, old toys, used furniture, used jewelry, and any items that have a special value because of their age. The existing zoning designation, C2-General Commercial, would permit various commercial and institutional uses if not for the site-specific exception. Commercial uses typically permitted in a C2-General Commercial zone consist of: "a retail store, a restaurant - type A, a bake shop, a service store, a dry cleaning and laundry collecting station, a business office, a parking station, an automobile service station, a photographer's, a tailor's and dressmaker's shop, a taxicab stand or station, a place of amusement, a sample or sho\\-Toom, a public parking lot, a clinic, a laundromat, a hotel and other similar uses, a professional office." PLANNING, DEVELOPMENT & PRO,JECT MANAGEMENT CONSULTANTS 20 Leslie Street, Suite 211, Toronto, Ontario M4M 3L4 Telephone: 416-693-9155 Facsimile: 416-693-9133 tbg@thebiglierigroup.com THE BIGLIERI GROUP LTD. .~ t, . ."...!....... d7-q{.;", 2 Zoning By-law No. 3036 defines retail store as "a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, offered and kept for sale at retail" to the public. In addition to the proposed uses for a D.O.T Patio & Home and an antique market, the proposed zoning amendment is to allow all uses as described in the C2-General Commercial definition. This will allow for the option of alternate retail uses in place of the proposed retail uses without an additional zoning amendment. The alternate uses would still conform to the uses permitted in a C2-General Commercial zone, the zoning designation applicable to the subject site. The proposed Zoning By-law amendment application and the proposed uses - furniture and antique market - maintains the intent of the City of Pickering Comprehensive Zoning By-law No. 3036, in that it proposes temporary land uses which are easily accommodated by the existing building and are in keeping with the 'mixed use' fabric of the immediate area. As well, the proposed retail uses and alternate retail uses would both conform to the uses permitted in a C-2 General Commercial zone. Should you have any questions or require :further information, please do not hesitate to contact the undersigned. Sincerely, THE WGL~RI GROUP LTD. I 1/ i . - ¡I, ;---1 i ! ·r"-Il I ('J\.. 11 / I )\ \ '. , '~./ 1\ j / V . 'A i V '-/ '" -. Anthony-giglieri, MCIP, RPP Principal c.c. Vito Galloro, Gracious Living Enzo Macri, Gracious Living Tony Niceforo, D.O.T, Patio & Home .', "7 ;: .,,1';; "7 . :" ~ {, Comparison Chart between IC2" General Commercial Permitted Uses and IC-19" - General Commercial Zone Proposed Temporary Uses 1962 Guild Road and 1640 Kingston Road - City of Pickering "C2" - General Commercial Zone "C-19" - General Commercial Zone By-law 3036 - Permitted Uses By-law 3036 - Proposed Temporarv Uses retail store yes restaurant - Tvpe A no a bake shop a bakery a service store no a dry cleaninQ and laundry collectinQ station yes a business office yes a parking station no an automobile service station no a photographer's no a tailors and dressmaker's shop no a taxicab stand or station no a place of amusement no a sample or showroom no a public parkinQ lot no a clinic no a laundromat yes a hotel an other similar uses no a professional office no no food store a lodç¡e no a museum no a fraternal orQanization no a religious institution or other social uses no Ciil¡ 0# REPORT TO EXECUTIVE COMMITTEE Report Number: OES 01-06 Date: April 10, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Quotation Q-7-2006 Quotation for Street Lighting - Capital Installation Recommendation: 1. That Report OES-01-06 regarding Street Lighting Capital Installation be received; and that: 2. Quotation Q-7 -2006 submitted by Dundas Power Line Limited for Street Lighting Capital Installation in the amount of $116,630.00 (GST included) be accepted; 3. The total gross project cost of $130,527(GST included) and a net project cost of $121,988 including the above quotation amount and other project costs identified in this report be approved; and 4. The appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. Executive Summary: As part of the Street Lighting Capital Budget, Street Lighting installation for Kingston Road from Valley Farm Road to Notion Road was identified as a construction project. The project was put on hold pending the completion of the underground conversion of hydro on Kingston Road from Liverpool Road to Valley Farm Road, and in anticipation of the underground conversion of hydro through this section. As it has been determined that Veridian will not be converting the hydro to underground, the street light installation should commence. Also as part of the 2002 Street Lighting Capital Budget, street light replacements for Belinda Court and Orion Court were identified as a construction project and were included in this quotation in anticipation of economies of scale. Quotation Q-7-2006 was issued on Monday, January 16, 2006 and closed on Tuesday, January 24, 2006 with three (3) bidders responding. The total gross project cost is estimated to be $130,527 for an estimated net cost to the City of $121,988 (net of GST rebate). Under the City's Purchasing Policy an award exceeding $81,000 from a formal quotation call is subject to Council approval. Report OES 01-06 April 1 0, 2006 Subject: Quotation-7 -2006 Quotation for Street Lighting - Capital Installation Page 2 Financial Implications: 1. QUOTATION AMOUNT Q-7-2006 GST Sub-Total GST Rebate Total $109,000 7,630 116,630 (7,630) $109,000 2. APPROVED SOURCE OF FUNDS Street Li htin Ca ital Bud et Location Project Code Kingston Roadl Valley Farm Road to Brock Road 5325.9902.1710 Source of Funds Budqet Required Internal Loan 38,388 39,014 Kingston Roadl Brock Road to Notion Road 5325.9903.1710 Internal Loan 53,600 56,462 Amberlea Neighbourhood 5325.0202.1710 Internal Loan 30,000 FUNDS AVAILABLE 121,988 26,512 121,988 3. ESTIMATED PROJECT COSTING SUMMARY Q-7 -2006 -Street Lighting Capital Sub-Total $109,000 Associated Costs Consultant Fees (Detail Design and Final Inspection) Contingency Total GST Total Gross Project Cost GST Rebate Total Net Project Cost 7,200 5,788 121,988 8,539 130,527 (8,539) $121,988 Report DES 01-06 April 1 0, 2006 Subject: Quotation-7 -2006 Quotation for Street Lighting - Capital Installation Page 3 5. Project Cost under (over) Approved Funds ($121,988-121,988) $0 The Director, Corporate Services has reviewed the budgetary implications and the financing of the expenditures contained in this report and concurs. Background: As part of the 1999 Street Lighting Capital Budget, Street Lighting Installation for Kingston Road from Valley Farm Road to Notion Road was identified as a construction project. Also as part of the 2002 Street Lighting Capital Budget, street light replacements for Belinda Court and Orion Court were identified as a construction project and included in this quotation in anticipation of economies of scale. Quotation Q-7-2006 was issued on Monday, January 16, 2006 and closed on Tuesday, January 24, 2006 with three bidders (3) bidders responding. The total gross project cost is estimated to be $130,527 for an estimated net cost to the City of $121,988 (net of GST rebate). The references for the low bidder, Dundas Power Line Limited, have been checked, and are deemed acceptable by the Supervisor, Engineering & Capital Works. The Health & Safety Policy, current Cost and Frequency Record, Certificate of Clearance issued by Workplace Safety & Insurance Board, and Certificate of Insurance as submitted by Dundas Power Line Limited have been reviewed by the Coordinator, Safety & Employee Development and are deemed acceptable. Credit information as provided by D & B for Dundas Power Line Limited has been reviewed by the Purchasing Analyst and in conjunction with staff's review of reference information and the bonding available on this project, is deemed acceptable. Upon careful examination of all quotations, and relevant documents received, the Operations & Emergency Services Department, Municipal Property & Engineering Division recommends the acceptance of the low bid submitted by Dundas Power Line Limited for Quotation Q-7-2006 in the amount of $116,630.00 (GST included) and that the total net project cost of $121 ,988 be approved. This report has been prepared in conjunction with the Manager, Supply & Services who concurs with the foregoing. Report OES 01-06 April 1 0, 2006 Subject: Quotation-7 -2006 Quotation for Street Lighting - Capital Installation Page 4 Attachments: 1. Location Map 2. Supply & Services Memorandum /; ,/ Prepared By: ~>: arrell B. Selsk J Supervisor, Engineering & C Ii ,i \ '\ d\~ Vera A" elgemacher Manager, Supply & Services Everett nts Director, Operations & Emergency Services /::2.-., .' ..'~><'"---''''--"-''' < .... L/_~.Ä. ._;Ø:~~'"~'~', - /{' ~/ ,/' ~...---"",;;;:...--"." 0:. ............ .- Gillis A Paterson Director, Corporate Services & Treasurer DS:ko Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering,?ity. cil rViENT'#""J ro REPORT#~S, 0/-0(0 _.._..L, of _~_, MUNICIPAL PROPERTY & ENGINEERING Attachment For Quote Q-7-2006 ORION COURT / BELINDA COURT & KINGSTON ROAD STREET LIGHT INSTALLATION T -'- Z f- W « ..J w 8 0.. 0 0.. 0 w a:: (f) « z « 0 STROUDS LANE 0 0 0 a:: f- « (f) 0 WINGARDEN CRESCENT cr ..J ..J I 0 « 0 a:: w 0 :J a:: CL (f) WELRUS STREET I LOCATION MAP [!J ::; œ 4: "- o 0:: o >- I ~, i~ I I!~ II >- W .J .J ~ LOCA TION MAP L\MPandEIProjects & SchedulinglAttachments for Tenders\2006\Q-X-2006· Streetlighting.doc ¡:',iViENT I rOREPORr#~ Ol-Ol, ~ -.-., of -,2L- LOCATION: Orion Court - starting and finishing on Orion Court Belinda Court - starting and finishing on Belinda Court Kingston Road - from Valley Farm Road east to Notion Road PROPOSED STREET LIGHT INSTALLATION ON BELINDA / ORION INCLUDES: Remove existing poles and luminaries Replace with new poles and luminaries PROPOSED STREET LIGHT INSTALLATION ON KINGSTON INCLUDES: Install new poles and luminaries where required on the north side L:lMPandEIProjecls & SchedulinglAttachmenls for TendersI2006IQ-X-2006 - Street//ghting.doc þ,¡·TACH!"'iENTtt._>".~. TOREPORT#oe.<) ,Ol-Q'¿ __1_ of....J.- ... CORPORATE SERVICES DEPARTMENT SUPPLY & SERVICES 'R' b: r,P"'t. 1':: \1 " 1\' ~D' , , . " ..', 'II ¡1 ~.~ I~'''m , . 3. ~~ '-.1:'Y :;4C'I1I.ii ,,1 ~"'J,"~ -. ;0 MEMORANDUM ! II. 1\) "J 5 Îl)i)!~ ..I/..\!. J... ..I.ì l, \} January 24, 2006 CIT''l .oF PICKERING MUNICIPAL PROPEBT'f 8. ENGINEERING To: Richard Holborn Division Head Municipal Property & Engineering Darrell Selsky v Supervisor, Engineering & Capital Works From: Barbara Tran Buyer RE: Quotation No. Q-7-2006, Quotation for Street Lighting-Capital Installation 2006 CLOSING: Tuesday, January 24,2006,12:00 Noon Quotations were invited from ten (10) companies on January 16, 2006 of which five (5) picked up documents and three (3) responded by the closing deadline noted above. Copies and a summary are attached. Quotations shall be irrevocable for 60 days after the official closing date and time. SUMMARY PST Included 1 GST Extra A copy of the quotations are attached for your review along with the following summary of costs: Bidder Dundas Power Line Ltd. Stace Electric Com an Ltd. Lan Ie Utilities Contractin Ltd. MDK Electric Ltd. Bid $109,000.00 $112,017.10 $144,654.00 Unable to Bid Richard Holborn / Darrell Selsky DES -0 l-o~ j"iENl t? {b REPORT#.I~nuary 24, 2006 ~.ot ~ Page 2 Pursuant to Supplementary Standard Conditions Item 10, the following documents will be requested of the low bidder for your review during the evaluation stage of this quotation call: (a) a copy of the Health & Safety Policy to be used on this project; (b) a copy of the current Cost and Frequency Report issued by Workplace Safety & Insurance Board (in lieu of the Cost and Frequency document, a copy of the current CAD 7, NEER, or MAP reports may be submitted); (c) a copy of the current Certificate of Clearance issued by Workplace Safety & Insurance Board; (d) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer. Please review information provided and advise if the quotation submitted by Dundas Power Line Ltd. is acceptable, or any reason(s) why the bid of Dundas Power Line Ltd. is not acceptable; and any other related comments specific to the project. Confirm any previous working experience with the supplier and indicate if the work was acceptable. Without previous working experience, confirm if reference checks are acceptable. In accordance with Purchasing Policy Item 04.05 (revised 2005), an award exceeding $81,000 is subject to Council approval. If you require further information, please feel free to contact me. Thank you, A'} ð11 i P? ,/ ./ G ~J¡'M(tc' 'it'lL-/' Barbara Tran Ibt Attachments REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 16-06 Date: April 1 0, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc., 500 Rosebank Road, Pickering, Part Lots 82, 83 & 84 on Plan 350 - File: A-2130 Recommendation: 1. That Report OES 16-06 regarding an encroachment agreement be received; and 2. That the request by Web-Tech Safety Products Inc. (the "Owner") to encroach upon the Milton Road road allowance (the "Highway") be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign an encroachment agreement with Web-Tech Safety Products involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. Executive Summary: Web-Tech Safety Products Inc. has requested that the City permit the continuance of certain ammenities which consist of a cedar hedge, row of trees, stone ramp and paved area to encroach upon the Milton Road road allowance. The Owner acknowledges that no further or other encroachment will be permitted. The City of Pickering is authorized under the Municipal Act, 2001, 8.0. 2001, c. 25 to permit the encroachment of such a structure. The Owner is entering into an agreement with the City to be registered on title to the Property. Report to Council OES 16-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc" 500 Rosebank Road, Pickering, Part Lots 82,83 & 84 on Plan 350 Page 2 Financial Implications: The City of Pickering, upon execution of this Agreement granting permission to encroach upon the property that is known as the Milton Road road allowance (the "Highway) shall receive from the Owner a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement. The Owner shall also pay all costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including any amendments to this Agreement. Background: Web-Tech Safety Products Inc. (the "Owner") has requested the right to maintain existing ammenities which consist of a cedar hedge, row of trees, stone ramp and paved area, which encroach upon the Milton Road road allowance, subject to certain terms and conditions of the Encroachment Agreement prepared by the City Solicitor. The City is authorized under the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws respecting matters within certain spheres of jurisidicton, including highways, and therefore is authorized to permit the encroachment. The Owner has acknowledged that no further encroachment will be permitted. Either party may terminate this agreement upon giving notice. The notice period shall be a minimum of thirty (30) days written notice if the Owner elects to terminate, or a minimum of three (3) months notice if the City elects to terminate this agreement. The Owner shall not be entitled to make any claim for compensation or costs as a result of either party exercising its right to terminate this Agreement. Upon termination, the Owner shall remove the encroachment. The Owner will pay to the City upon execution of this Agreement a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement and any costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including amendments to this Agreement. The Owner will also maintain throughout the term of this Agreement, public liability insurance satisfactory to the City. Report to Council OES 16-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Web-Tech Safety Products Inc,¡ 500 Rosebank Road, Pickering, Part Lots 82,83 & 84 on Plan 350 Page 3 Attachments: 1. Location Map Prepared By: vM '.I 1/ {" /?'/. ,/ . hard Holbor. ivision Head - Municipal Property & Engineering Everett Buntsma, . ector Operations & Emergency Services RH:ds Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council /1 /' /.' ;/ · 1 .. T , , , CITY OF PICKERING \ \ ~ ROUGEMOUNT J \ \ >r- --- r1!:N~ REPOK 11-1 1..1 t:.;:.:,! · \.£< \".'IJ/ I I I I I W - # 500 ROSEBANK ~ _ 01004002515 ct:: Web-Tech Safety Products o I \ /~o/ffi /:.~~ ~ - ~ CITY OF PICKERING (MILTON ROAD ALLOWANCE) I o o o S ~ « o I DRIVE \ ( \\ ~\ U¿\ ~\ \ \ /j OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCAlE, D4TE: 1 :2500 MARCH 27 /2006 ATTACHMENT FOR REPORT OES 16-06 ENCROACHMENT AGREEMENT 500 ROSEBANK ROAD o « o ct:: -.J W ct:: o o :2 17 COWAN CI'\\ ~ z « GILLMOSS m w ROAD (j) o ct:: \ -- ì-- NOMAD RD. r I I ) Cib¡*cðl ~ I I I I IJll ~K :J REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 17-06 Date: April 1 0, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Encroachment on City of Pickering lands, Milton Road road allowance Harold Lloyd Ferguson and Carol Ferguson, 503 Oakwood Drive, Pickering. Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R- 11951. - File: A-2130 Recommendation: 1. That Report OES 17-06 regarding an encroachment agreement be received; and 2. That the request by Harold Lloyd Ferguson and Carol Ferguson (the "Owners") to encroach upon the Milton Road road allowance (the "Highway") be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign an encroachment agreement with Harold Lloyd Ferguson and Carol Ferguson involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. Executive Summary: Harold Lloyd Ferguson and Carol Ferguson have requested that the City permit the continuance of certain ammenities which consist of an asphalt drivewaylgravel parking areas and a row of trees to encroach upon the Milton Road road allowance. The Owners acknowledge that no further or other encroachment will be permitted. The City of Pickering is authorized under the Municipal Act, 2001, S.D. 2001, c. 25 to permit the encroachment of such a structure. The Owners are entering into an agreement with the City to be registered on title to the Property. Report to Council OES 17-06 Date: April 10,2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Harold Lloyd Ferguson and Carol Ferguson, 503 Oakwood Drive, Pickering. Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-11951. Page 2 Financial Implications: The City of Pickering, upon execution of this Agreement granting permission to encroach upon the property that is known as the Milton Road road allowance (the "Highway) shall receive from the Owners a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement. The Owners shall also pay all costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including any amendments to this Agreement. Background: Harold Lloyd Ferguson and Carol Ferguson (the "Owners") have requested the right to maintain existing ammenities which consist of an asphalt d riveway/g ravel parking areas and a row of trees, which encroach upon the Milton Road road allowance, subject to certain terms and conditions of the Encroachment Agreement prepared by the City Solicitor. The City is authorized under the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws respecting matters within certain spheres of jurisidicton, including highways, and therefore is authorized to permit the encroachment. The Owners have acknowledged that no further encroachment will be permitted. Either party may terminate this agreement upon giving notice. The notice period shall be a minimum of thirty (30) days written notice if the Owners elect to terminate, or a minimum of three (3) months notice if the City elects to terminate this agreement. The Owners shall not be entitled to make any claim for compensation or costs as a result of either party exercising its right to terminate this Agreement. Upon termination, the Owners shall remove the encroachment. The Owners will pay to the City upon execution of this Agreement a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement and any costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including amendments to this Agreement. The Owners will also maintain throughout the term of this Agreement, public liability insurance satisfactory to the City. Report to Council OES 17-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Harold Lloyd Ferguson and Carol Ferguson, 503 Oakwood Drive, Pickering. Lot 81 on Plan 350, Save and Except Part 1 on Plan 40R-11951. Page 3 Attachments: 1. Location Map Prepared By: , ¡rector ergency Services RH:ds Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~ // w > , ð 0:::: .. 0 I I , CITY OF PICKERING J \ \ \ ~ I ROUGEMOUNT --- ...... OPERA TrONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION seAL[: I ~TE: 1 :2500 MARCH 27 /2006 "'r'tlj(>' ¡¡''''EN"'' i' I M, ",,,,,~r,, I , "..."., :0 REPORT#..(.l.(;:2... / /-0(0 I I _...-...,.-,""." ''''''f.'-~ I I \ # 503 OAKWOOD \ 01004004900 \ H. & C. FERGUSON ~&¿ ~///~ CITY OF PICKERING (MILTON ROAD ALLOWANCE) I I 1 o o o 5 ~ « o DRIVE \ ( \\ 9.,\ U¿\ "Z-\ \ \ ATTACHMENT FOR REPORT OES 17-06 ENCROACHMENT AGREEMENT 503 OAKWOOD DRIVE .--I W 0:::: o o 2 o « o 0:::: F?r COWAN CIR~ ~ z « GILLMOSS rn W ROAD (f) o 0:::: -- --- NOMAD RD. r I) ~. øl I I I I .:J CiÚf o~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 18-06 Date: April 1 0, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Encroachment on City of Pickering lands, Milton Road road allowance Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350 - File: A-2130 Recommendation: 1. That Report OES 18-06 regarding an encroachment agreement be received; and 2. That the request by Monica Porter (the "Owner") to encroach upon the Milton Road road allowance (the "Highway") be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign an encroachment agreement with Monica Porter involving City lands, subject to certain terms and conditions as set out in the Encroachment Agreement prepared by the City Solicitor. Executive Summary: Monica Porter has requested that the City permit the continuance of certain ammenities which consist of a gravel driveway, interlock brick path and patio stones to encroach upon Milton Road road allowance. The Owner acknowledges that no further or other encroachment will be permitted. The City of Pickering is authorized under the Municipal Act, 2001, S.O. 2001, c. 25 to permit the encroachment of such a structure. The Owner will enter into an agreement with the City and be registered on title to the Property. Report to Council OES 18-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350 Page 2 Financial Implications: The City of Pickering, upon execution of this Agreement granting permission to encroach upon the property that is known as the Milton Road road allowance (the "Highway) shall receive from the Owner a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement. The Owner shall also pay all costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including any amendments to this Agreement. Background: Monica Porter (the "Owner") has requested the right to maintain existing ammenities which consist of an a gravel driveway, interlock brick path, and patio stones which encroach upon Milton Road road allowance, subject to certain terms and conditions of the Encroachment Agreement prepared by the City Solicitor. The City is authorized under the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws respecting matters within certain spheres of jurisidicton, including highways, and therefore is authorized to permit the encroachment. The Owner has acknowledged that no further encroachment will be permitted. Either party may terminate this agreement upon giving notice. The notice period shall be a minimum of thirty (30) days written notice if the Owner elects to terminate, or a minimum of three (3) months notice if the City elects to terminate this agreement. The Owner shall not be entitled to make any claim for compensation or costs as a result of either party exercising its right to terminate this Agreement. Upon termination, the Owner shall remove the encroachment. The Owner will pay to the City upon execution of this Agreement a fee in the amount of $1,000.00 (plus GST) for the preparation and execution of this Agreement and any costs associated with the registration of this Agreement against title to the Property in the amount of $250.00 (plus GST) and any other related documents, including amendments to this Agreement. The Owner will also maintain throughout the term of this Agreement, public liability insurance satisfactory to the City. Report to Council DES 18-06 Date: April 1 0, 2006 Subject: Encroachment of City of Pickering lands, Milton Road road allowance Monica Porter 481 Oakwood Drive, Part Lot 110 on Plan 350 Page 3 Attachments: 1. Location Map Everett ntsm . ector Operations & Emergency Services Prepared By: ~'~/? ~'" VJA ~i ard Hol orn P.Eng. . ision Head . unicipal Property & Engineering RH:ds Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council /1 '" I ,/', I w > 1 0::: .. 0 ì J , CITY OF PICKERING J \ '\ AI !ACHMENT#_...!._~>~, TOREPORT#~ Ul.::-"? I () L./L(/ i . J I I I CITY OF PICKERING (MILTON ROAD ALLOWANCE) ~~ ~%0 ~ -\ \ \ # 481 OAKWOOD -L 01004005000 M. PORTER \ 0 0 \ I 0 S ~ ~ <C 0 ROUGEMOUNT DRIVE ( \ >r- 1\ ~\ \ ~'\ ~\ --- '\ .- ...... \ OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCALE: 04TE: 1 :2500 MARCH 27 /2006 ATTACHMENT FOR REPORT OES 18-06 ENCROACHMENT AGREEMENT 481 OAKWOOD DRIVE o <C o 0::: ---1 W et: o o :2 I 1r COWAN CI:\ ~ Z <c GILLMOSS OJ W ROAD if) o 0::: -- --- NOMAD RD. r I I ) Ûb¡ ðl ~ I~ Ciiq c~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 19-06 Date: April 1 0, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Extension of Encroachment/Licence Agreement between Gerard Cryan and Lorrie Cryan and City of Pickering upon lands known as Block 50, Plan 40M-1627, Pickering - File: Ä-2130 Recommendation: 1. That Report OES 19-06 regarding the extension of an Encroachment/Licence Agreement be received; and 2. That the request by Gerard Cryan and Lorrie Cryan, collectively called "Cryan" to encroach upon the land known as Block 50, Plan 40M-1627 be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign an Extension Agreement with Gerard Cryan and Lorrie Cryan involving City lands, subject to certain terms and conditions as set out in the Extension Agreement prepared by the City Solicitor. Executive Summary: Gerard Cryan and Lorrie Cryan herein collectively called "Cryan", have requested that the City permit Cryan to extend the terms of the original encroachment/licence agreement, whereby Cryan occupies the southern half of Block 50, Plan 40M-1627, Pickering, for the purpose of temporarily utilizing it for residential purposes in maintaining a fence along the centre line of the block in conjunction with Lot 41, Plan 40M-1627 with the following modifications. 1. Subsection 5(1) of the Agreement shall be deleted and the following substituted therefore: 5 (1) The term of the licence granted shall expire when Cryan ceases to be the registered owner of Lot 41, Plan 40M-1627 Pickering unless the licence is earlier revoked, terminated or surrendered under the provisions of sub clause (2) 2. All of the terms and conditions in the Agreement shall apply with necessary modifications to this Extension Agreement. Report to Council OES 19-06 Date: April 1 0, 2006 Subject: Extension of Encroachment/Licence Agreement Between Gerard Cryan and Lorrie Cryan and City of Pickering upon lands known as Block 50, Plan 40M-1627 Page 2 The City of Pickering is authorized under the Municipal Act, 2001, S.D. 2001, c. 25 to permit the encroachment. Financial Implications: The City of Pickering, upon execution of this Extension Agreement shall receive from the Owner a one time fee in the amount of $370.00 (plus GST) for the preparation of the Extension Agreement, plus registration and disbursements. to encroach upon the southern half of Block 50, Plan 40M-1627 for the purpose of temporarily utilizing it for residential purposes in conjunction with Lot 41, Plan 40M-1627. Background: Gerard Cryan and Lorrie Cryan, collectively called "Cryan" entered into an encroachment/licence agreement with the City of Pickering for lands known as Block 50, Plan 40M-1627 for temporarily utilizing it for residential purposes in conjunction with Lot 41, Plan 40M-1627 and maintaining the fence along the centre line of the Block. The term of this encroachment/licence agreement commenced on February 13, 2004 and expired on September 30, 2005. All the terms and conditions in the original Encroachment/Licence Agreement shall apply with the following modifications to the Extension Agreement as prepared by the City Solicitor. 1. The term of the licence granted will expire when Cryan ceases to be the registered owner of Lot 41, Plan 40M-1627, Pickering unless the licence is earlier revoked, terminated or surrendered under the provisions of subclause (2) which states that the licence granted may be, a. Unilaterally and arbitrarily revoked by the City upon 60 days written notice to Cryan; or b. Terminated at any time upon the written agreement of the Parties; or c. Surrendered by Cryan upon 60 days written notice to the City. The execution of the Extension Agreement will require a one time fee of $$370.00 (plus GST) for the preparation of the agreement and for registration and disbursements. The original Encroachment/Licence Agreement also states that the Owner shall maintain commercial general liability insurance coverage to remain in effect at all times and that the City be named as an "additional" insured. Such insurance shall be kept in force until the Owner is released from the provisions of the Encroachment/Licence Agreement. Report to Council DES 19-06 Date: April 1 0, 2006 Subject: Extension of Encroachment/Licence Agreement Between Gerard Cryan and Lorrie Cryan and City of Pickering upon lands known as Block 50, Plan 40M-1627 Page 3 Attachments: 1. Location Map Prepared By: By: Everett ma, Director Operations & Emergency Services RH:ds Copy: Chief Administrative Officer City Solicitor City Clerk Recommended for the consideration of Pickering City Council ~ ,¡; nf ~r·"'v~ PI ft..r", ~ n"'__,,_.....,...~.,..," ~...., ........ -.,... ~. , '-' 1.0' >- 0:::: :J Q] Z « -.-J « CRESCENT LOT 41 PLAN 40M-1627 01001804637 G. & L. CRYAN # 983 GRAFTON FINCH AVENUE OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCALE: Il/ITE: 1 :2500 MARCH 27 /2006 ATTACHMENT FOR REPORT OES 19-06 ENCROACHMENT AGREEMENT BLOCK 50 PLAN 40M-1627 Ciú/ o~ REPORT TO THE EXECUTIVE COMMITTEE Report Number: OES 20-06 Date: April 10, 2006 From: Everett Buntsma Director, Operations & Emergency Services Subject: Extension of EncroachmenULicence Agreement between Caryn Johnston and John Johnston and City of Pickering upon lands known as Block 50, Plan 40M-1627, Pickering - File: A-2130 Recommendation: 1. That Report OES 20-06 regarding the extension of an EncroachmenULicence Agreement be received; and 2. That the request by Caryn Johnston and John Johnston, collectively called "Johnston" to encroach upon the land known as Block 50, Plan 40M-1627 be APPROVED. 3. That the Mayor and the City Clerk be AUTHORIZED to sign an Extension Agreement with Caryn Johnston and John Johnston involving City lands, subject to certain terms and conditions as set out in the Extension Agreement prepared by the City Solicitor. Executive Summary: Caryn Johnston and John Johnston herein collectively called "Johnston", have requested that the City permit Johnston to extend the terms of the original encroachmenUlicence agreement, whereby Johnston occupies the northern half of Block 50, Plan 40M-1627, Pickering, for the purpose of temporarily utilizing it for residential purposes in maintaining a fence along the centre line of the block in conjunction with Lot 40, Plan 40M-1627 with the following modifications. 1. Subsection 5(1) of the Agreement shall be deleted and the following substituted therefore: 5 (1) The term of the licence granted shall expire when Johnston ceases to be the registered owner of Lot 40, Plan 40M-1627, Pickering unless the licence is earlier revoked, terminated or surrendered under the provisions of sub clause (2) 2. All of the terms and conditions in the Agreement shall apply with necessary modifications to this Extension Agreement. Report to Council DES 20-06 Date: April 1 0, 2006 Subject: Extension of Encroachment/Licence Agreement Between Caryn Johnston and John Johnston and City of Pickering upon lands known as Block 50, Plan 40M-1627 Page 2 The City of Pickering is authorized under the Municipal Act, 2001, 8.0. 2001 c. 25 to permit the encroachment. Financial Implications: The City of Pickering, upon execution of this Extension Agreement shall receive from the Owner a one time fee in the amount of $370.00 (plus GST) for the preparation of the Extension Agreement, plus registration and disbursements. to encroach upon the northern half of Block 50, Plan 40M-1627 for the purpose of temporarily utilizing it for residential purposes in conjunction with Lot 40, Plan 40M-1627. Background: Caryn Johnston and John Johnston, collectively called "Johnston" entered into an encroachment/licence agreement with the City of Pickering for lands known as Block 50, Plan 40M-1627 for temporarily utilizing it for residential purposes in conjunction with Lot 40, Plan 40M-1627 and maintaining the fence along the centre line of the Block. The term of this licence agreement commenced on April 23, 2003 and expired on September 30,2005. All the terms and conditions in the original Encroachment/Licence Agreement shall apply with the following modifications to the Extension Agreement as prepared by the City Solicitor. 1. The terms of the licence granted will expire when Johnston ceases to be the registered owner of Lot 40, Plan 40M-1627, Pickering unless the licence is earlier revoked, terminated or surrendered under the provisions of subclause (2) which states that the licence granted may be, a. Unilaterally and arbitrarily revoked by the City upon 60 days written notice to Johnston; or b. Terminated at any time upon the written agreement of the Parties; or c. Surrendered by Johnston upon 60 days written notice to the City. The execution of the Extension Agreement will require a one time fee of $370.00 (plus GST) for the preparation of the agreement and for registration and disbursements The original Encroachment/Licence Agreement also states that the Owner shall maintain commercial general liability insurance coverage to remain in effect at all times and that the City be named as an "additional" insured. Such insurance shall be kept in force until the Owner is released from the provisions of the Encroachment/Licence Agreement. Report to Council DES 20-06 Date: April 1 0,2006 Subject: Extension of Encroachment/Licence Agreement Between Caryn Johnston and John Johnston and City of Pickering upon lands known as Block 50, Plan 40M-1627 Page 3 Attachments: 1. Location Map Prepared By: Approv~~dorse By: I'- II ,I RH:ds Copy: Chief Administrative Officer City Solicitor City Clerk Recommended for the consideration of Pickering City "Council / ~ ,l / II ------ .' " ,. . ........ ~~.. - -.--. -L,..ol_L__, OES - 2ô-ow >- 0:::: :) IT) Z « ~ « CRESCENT LOT 40 PLAN 40M-1627 01001804640 J. & C. JOHNSTON # 982 GRAFTON FINCH AVENUE OPERA nONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCAI.E: nA'!t: 1 :2500 MARCH 27 /2006 ATTACHMENT FOR REPORT OES 20-06 ENCROACHMENT AGREEMENT BLOCK 50 PLAN 40M-1627 c¡ú¡ o~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 12-06 Date: April 1 0, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 354 of the Municipal Act - Write-off of Taxes Recommendation: 1. It is recommended that Report CS 12-06 of the Director, Corporate Services & Treasurer be received and that: 2. Under the authority of the Municipal Act, 2001, Section 354(3) provides for the write- off of property taxes due to an unsuccessful tax sale. 3. The appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $11,969.29 with a net cost to the City of approximately $4,404.88, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2006 Current Budget allocation under General Government - Provision for Uncollectable Taxes. The 2006 budget provision is $250,600 and $4,404.88 including the above has been spent to date. Background: In March of last year, the City conducted a property tax sale, where two (landlocked) properties were offered for sale due to non-payment of property taxes. The City received one bid for one property and no bids for the other. As per the Municipal Act, Section 379 (5)(b), property vests back to the municipality where there is no successful bidder. Recommendation two, provides the Treasurer the authority to write-off the applicable property taxes. Report CS 12-06 Date: April 1 0, 2006 Subject: Section 354 of the Municipal Act·- Write off of Taxes Page 2 Attachments: 1. Section 354 Write off of Taxes Prepared By: Approved I Endorsed By: '-::. .. ..... Gillis A. Paterson Director, Corporate Services & Treasurer ;::;~;;>ø;~;::';:.¿;:· GAP:tp Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Co "" . / Th en w ~ La. o La. 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ÕÕÕÕÕÕÕÕÕÕÕ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o 0 000 0 0 0 0 0 0 C C C C C C C C C C C '-...''''-'''''-''........---...............---.....----...... w :æ « z ClCICICICIClClClClClCI C C C C C C C C C C C +:;+::;:;:,¡:;:,¡:;:¡:;;:;:;:;;¡:;:;;:; 10 10 10 10 10 10 10 10 10 10 10 > > > > > > > > > > > 10 10 10 10 10 10 10 10 10 10 10 U U U U U U U U U U U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ wwwwwwwwwww 'c'cï: C'C'C'C'C'C C'C o 0 000 0 0 0 0 0 0 0::0::0::0::0::0::0::0::0::0::0:: Citq D~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 13-06 Date: April 10, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Recommendation: 1. It is recommended that Report CS 13-06 of the Director, Corporate Services & Treasurer be received and that: 2. The write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. The appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as contained in this report represents a gross cost of $113,155.96 with a net cost to the City of approximately $24,416.33, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2006 Current Budget allocation under General Government - Provision for Uncollectable Taxes. The 2006 budget provision is $250,600 and $28,821.21 including the above has been spent to date. Background: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of the new Municipal Act, 2001, as amended, Section 357 of the Act provides for the reduction of taxes due to fire, demolition, exemption, assessment change or error and the tax reduction is applicable to the current year only. Section 358 of the new Municipal Act allows for the reduction of taxes due to assessment error and this section can be applied to property taxes for the two preceding years. Change in realty tax class can translate into lower property taxes if the property went from industrial to commercial tax class or commercial to residential tax class. Report CS 13-06 Date: April 1 0, 2006 Subject: Section 357/358 of the Municipal Act - Adjustment to Taxes Page 2 Demolitions, and other physical changes to a property, such as removing or filling in a swimming pool, or damage caused by fire result in a reduction in assessment and taxes. Attachments: 1. 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CI '5 ~ ~Q.Q.Q.·SQ.Q.'C'C 0 ~~ æ mmm:æ:æ:æm:æ:æ.E.E:J:mm...J 'C o C) ~ o .c U ... U ~-g.E UO>. iã~:¡ij U·- () =00:: Q) 1:: Q, ClQ)Q, c..co ~ 0 0 wO:::J: :J :J 'C g g I/) I/) J!:¡:;:¡:;.!S .~ c c c: 'Ë :ä :ä .~ .~ og'g'~~~:Jûjûjgg '; '5iä; :s :s is ~ e e <C::! <C::! § CI~~:2:2:s!CIS--- .!!! .ES:S::!E:æ:æ:ä~~oðoð§ ~õõ;;;u.f.f'§'§'C == >.>.I!! I!! l!!ãi:J:J 8 8':; ()~~ 0 0 O.c CIS CIS <C-<C- CIS muuoocmQ.Q. 0 anananananll'ananancocococococo ~~QQ~s:s:q~QQ~S:QQQ '<tan~~an~~an~co1:ï~~:!: co C» ari an ..- M ..- ..- ~ M an oo:f o ..- ..- '<t ~ o ..- ari M co ,..: '<t ~ M M cQ ..- '<t .¢ N ~ Ciú/ (J~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 21-06 Date: April 1 0, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Cash Position Report as at December 31,2005 Recommendation: It is recommended that report CS 21-06 from the Director, Corporate Services & Treasurer be received for information. Executive Summary: The attached schedules provide the City of Pickering's cash position, continuity of taxes receivable, outstanding investments, development charges collected and other development contribution information for the three months ended December 31,2005. Financial Implications: The cash position of the Corporation for three months ended December 31, 2005 was a net decrease in cash of $13,140,541 to $2,543,935. Sources of Funds totalled $57,258,087 and Use of Funds totalled $70,398,628. Background: The discussion below describes the purpose and the information contained in each of the attached schedules. Statement of Cash Position: Attachment 1 reflects the sources and uses of funds for the final quarter of 2005. Subcategories have been identified to highlight those cash transactions that are significant in nature or large dollar value transactions for the City of Pickering. Year to year periodical comparisons may not be useful due to timing. Continuity of Taxes Receivable: Attachment 2 summarizes the tax related transactions from October 1 to December 31,2005 and provides the outstanding taxes receivable as at December 31, 2005. This balance represents all three levels of taxes billed, such as City, Region and School Boards. This amount has steadily increased for the same period over the past several years but may vary where due dates and amounts for supplementary billings change from year to year. Report CS 21-06 Date: April 1 0, 2006 Subject: Cash Position Report as at December 31, 2005 Page 2 Outstandinq Investments: Attachment 3 reflects the short-term and long-term investments for both the Current Fund and the Reserve Funds outstanding as at December 31, 2005. There has been a steady increase in investments over the past few years primarily a result of use of funds on hand due to pending assessment appeal and timing of collection and remittance of development charges. Development Charqes Collected: Attachment 4 indicates the total development charges for the City, Region and School Boards, as the City is responsible for collecting development charges on behalf of all levels of government. The total amount collected of $889,387 agrees with the balance indicated under Sources of Funds on Attachment 1. However the remittance of development charges to the Region and School Boards indicated under the Use of Funds is different than the total collected on Attachment 4, This variance is a result of timing differences because payments to the Region and School Boards are due 25 days following the month collected. Other Development Contributions: Attachment 5 is provided to show other significant development contributions that have been received. Attachments: 1. Statement of Cash Position 2. Continuity of Taxes Receivable 3. Outstanding Investments 4. Statement of Development Charges Collected 5. Other Development Contributions 6. City Portion of Development Charges Collected 2003-2005 7. Building Permits Issued 2000-2005 8. City Portion of Development Charges Collected 1991-2005 Prepared By: Approved I Endorsed By: ~~ ~C¿"'F -e Avril Payne Audit Analyst ~~ 'ljfllis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City ouncil ,,/ J ~/ () 6 ATTACHME\JT#~_.TC:< REPORT#~:11--0k City of Pickering Cash Position Statement for three months ending December 31,2005 Sources of Funds: Accounts Receivable collected $ 266,710 Development charges collected 889,387 Operating 21,448,004 Grants-in-lieu: Federal 456,428 Provincial 60,746 Ontario enterprises 4,725,861 Municipal enterprises 638,286 Linear Properties - Federal specific grants 15,135 Ontario specific grants 18,585 Interest Income 156,697 Sale of land - Tax payments received 28,582,248 POA Revenue - Total $ 57,258,087 Use of Funds: Operating and Capital Expenditures $ 29,868,605 Payroll 7,152,392 Region Levy 20,403,370 Regional portion of Dev. Charges 1,295,799 School Board Levies 10,843,147 School Board portion of Dev, Charges 155,400 Debenture payment to Region 582,781 APTA Funding 97,134 Total $ 70,398,628 . Net Cash Increase (Decrease) $ (13,140,541) FINANCIAL POSITION Bank Balance Net Cash Bank Balance October 1, 2005 Provided (Used) December 31,2005 Current Fund $ 15,684,476 $ (13,140,541) $ 2,543,935 TOTAL $ 15,684,476 $ (13,140,541 ) $ 2,543,935 Note: Includes City, Region and School Boards Cash Position final quarter 2005,xlsNET CHANGES en~LO c:: ..c 0 ro 0 .~ N c» (.) '\""" c» ("') Q:: In c» >< ro t- ..... o ~ =' c:: +- c:: o () '¡: c» ~ ,~ Q. ..... o >. ::.: () '- c» ..c E c» (.) c» C en c:: '0 c:: c» In .c:: - c:: o E c» ~ .c:: - '- .E 10 ~ ~ C") o (I) c ¡j II) I: .... CU I: II) (I) .... E I: .... (I) II) E .:!. :>. ¡j ~ « >< CU I- ~ ¡j ß (I) I: (I) DJ E 2 II) 0.. ~ 0.. CU :3 I- C/) II) (I) >< CU I- ¡j I: CU :>. .... iã I: (I) a. 10 o Õ C") ..; 0.. 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