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HomeMy WebLinkAboutNovember 16, 2009 Council Meeting PI rKERI G Agenda Monday, November 16, 2009 Council Chambers 7:30 pm 1) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) DISCLOSURE OF INTEREST III) ADOPTION OF MINUTES PAGE Special In Camera Council Minutes, October 19, 2009 Under Separate Cover Council Minutes, October 19, 2009 1-31 Planning & Development Committee Minutes, November 2, 2009 32-35 In Camera Special Council Minutes, November 9, 2009 Under Separate Cover Special Council Minutes, November 9, 2009 36-39 Executive Committee Minutes, November 9, 2009 40-43 IV) PRESENTATIONS V) DELEGATIONS 44 VI) CORRESPONDENCE 45-52 VII) COMMITTEE REPORTS 53-55 a) Report 2009-10 of the Planning & Development Committee b) Report 2009-09 of the Executive Committee Vlll) REPORTS - NEW AND UNFINISHED BUSINESS IX) MOTIONS AND NOTICE OF MOTIONS 56-57 X) BY-LAWS 58-102 XI) OTHER BUSINESS XII) CONFIRMATION BY-LAW Accessible For information related to accessibility requirements please contact P I C ~ E ~ ~ Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts(&citvofpickerina.com FOR INFORMATION ONLY Minutes of the Waterfront Coordinating Committee, August 13, 2009 and October 15, 2009 • Minutes of Committee of Adjustment, September 30, 2009 Minutes of the Heritage Pickering Advisory Committee, October 27, 2009 Minutes of the Site' Plan Committee, October 28, 2009 Cis Council Meeting Minutes _ Monday, October 19, 2009 7:30 PM PICK Council Chambers 01 PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. J. Quinn - Chief Administrative Officer T. Melymuk - (Acting) Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer D. Wilcox - City Clerk D. Shields - Deputy Clerk Mayor Ryan advised that the Council Agenda would be altered so that Council could reconvene back into the In Camera session to complete unfinished business. He noted that Council would complete the presentation regarding the 2009 Pickering Blooms Program prior to moving to the In Camera session. (1) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST No disclosures of interest were noted. (III) PRESENTATIONS 1. Mayor Ryan Councillor McLean Recognition of 2009 Pickering Blooms Program "Gardens of Distinction" 1 Cie Council Meeting Minutes Monday, October 19, 2009 7:30 PM 2 Council Chambers Mayor Ryan and Councillor McLean recognized and congratulated the Pickering residents and schools that received the Gardens of Distinction certificates for the 2009 Pickering Blooms Program. The following residents were recognized; Mary Dawson, Sharon Rose Dongren, Randy & Ann Taylor, Carolyn Kasperski, John Conte, Howard Kopstick, Donna Jones, Joni Gillingham, Penny Purdon, Cheryl Sliz, David Arathoon, Ida Carlucci, Robert Allpress, Rosemary Aiken, Ann Livingston & Robert Mackenzie, Jacqueline Booth, Musarrat Mirza, John Briggs, Principal and Laurel Gown, Teacher, representing Highbush Public School , Trevor Sone, Property Manager .representing Discovery Place 1 and Anne Marie Pawalski, representing Holy Redeemer Parish. Council reconvened the In Camera session at 7:42 pm in order to complete unfinished business. Council reconvened into the Regular Council session at 8:40 pm. (IV) ADOPTION OF MINUTES Resolution # 230/09 Moved by Councillor Johnson Seconded by Councillor McLean Council Minutes, September 21, 2009, as amended Special Council Minutes, September 28, 2009 Planning & Development Committee Minutes, October 5, 2009 Executive Committee Minutes, October 13, 2009 CARRIED (V) DELEGATIONS 1. Terry Quin ney Ontario Federation of Anglers & Hunters Re: Update on the Lake Ontario Atlantic Salmon Restoration Pro ram L.O.A.S.R.P Terry Quinney of the Ontario Federation of Anglers & Hunters appeared before Council and updated them on the Lake Ontario Atlantic Salmon Restoration Program. He noted that the 4 key strategies for the program were; fish production and stocking, habitat and water quality enhancement, research and assessment and education and outreach. Mr. Quinney noted that the City of Pickering should be very proud of the 2 cit'< Council Meeting Minutes Monday, October 19, 2009 MCKERING 7:30 PM Council Chambers 03 initiatives put forward by Pickering in the restoration of Duffins Creek and that he felt within 10 years Duffins Creek should have atlantic salmon within it again. 2. Pierre Chauvin MHBC Re: Report PD 29-09 Kinsale Properties Ltd. Pierre Chauvin of MHBC appeared before Council on behalf of Kinsale Properties Ltd. and Jason Miller of Miller Golf Design. Mr. Chauvin noted that he was there to answer any additional questions and provide clarification if needed. A question and answer period ensued. Moved by Councillor O'Connell Seconded by Councillor McLean That the rules of procedure be suspended in order to allow for the following delegations. Sharon Cruise Jim Robb CARRIED 1. Confidential Memorandum dated October 16, 2009 from the Chief Administrative Officer with respect to the YDSS Odour Control Facility Further to discussions in the In Camera session the following is hereby ratified in the public session. Resolution # 231/09 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Council retain a qualified expert to assist with the review of the Environmental Assessment on inflow/infiltration issues and aquifer delineation issues; 2. That Council write to the Minister of the Environment to address the amended EAs and the government review; and ,3. That if unsuccessful in achieving the desired results with the letter to the Minister, commence an application for judicial review. 3 Call Council Meeting Minutes Monday, October 19, 2009 7:30 PM O 4 Council Chambers CARRIED UNANIMOUSLY ON A RECORDED VOTE 4. Re: Odour Control Facility Southeast Collector Trunk Sewer Project Sandy Rider, Rouge Duffins Greenspace Coalition noted that she was there to introduce David Donnelly. David Estrin appeared before Council and with the assistance of a powerpoint presentation summarized the information within the letter dated October 19th, 2009 in the Council Correspondence section of the agenda. Mr. Estrin reinterated that it was crucial that Council take effective steps now to protect the interests of the municipality and its residents given the final step in the EA process is now in motion with the deadline for comments to the Environment Minster being November 20, 2009. A question and answer period ensued. Devi Gopalan appeared before Council and reinterated her position on the fact that she feels the City of Pickering and their residents were not treated fairly throughout this whole procees. She noted that there was no timely communication to them and also felt that the Memorandum of Understanding had been breached. She stated that for a year they have been asked to be treated fairly and noted that it was up to Council now to protect the residents of Pickering. A question and answer period ensued. Dan_ Murphy noted that all of his material had been covered and there was no reason for him to address Council. Jocelyn Barber appeared before Council and stated that she was a long time resident in Pickering and had first hand experience with the first pipeline installation. She noted that there is a smell around the pipeline and has been for the start. She stated that the reason there were no complaints on record was due to the fact residents in the area did not want to complain because they thought the value of their properties would decrease. She also noted there were problems with well water and that the natural water system was affected. She requested that Council do everything they could to protect the City of Pickering and its residents regarding the second pipeline. A question and answer period ensued. Peter Rodrigues noted that all of his material had been covered and there was no reason for him to address Council 4 C~ o¢~ Council Meeting Minutes r4Monday, October 19, 2009 PICKE 7:30 PM Council Chambers 05 David Donnelly appeared before Council representing the Rouge Duffins Greenspace Coalation. He noted that he has acted on previous court cases regarding the Environmental Assessments. He also stated that he felt the letter York Region sent to the City of Pickering was a threat to the City and stated that the City should strongly follow up on that threat. Mr. Donnelly also noted that his client is asking Council to partner with the citizens group against this process. A question and answer period ensued. Sharon Cruise noted that all of her material had been covered and there was no reason for her to address Council. Jim Robb appeared before Council and noted that most of his comments had been covered. He stated that Council needed to act now against the EA process and the ` Region of York in order to protect the community and citizens of Pickering and the environment. A question and answer period ensued. Council took a 10 minute recess and reconvened at 9:58 pm. Resolution # 232/09 Moved by Councillor O'Connell Seconded by Councillor Littley That the rules of procedure be suspended in order to add a new piece of correspondence, CORR. 103-09 from Mr. David Estrin, Certified Environmental Law Specialist, Gowlings. with respect to the Southeast Collector Trunk Sewer Environmental Assessment. . CARRIED ON A 2/3RD MAJORITY VOTE (VI) CORRESPONDENCE 1. CORR. 96-09 EVERETT BUNTSMA DIRECTOR, OPERATIONS & EMERGENCY SERVICES CITY OF PICKERING One The Esplanade Pickering, ON L1 V 6K7 5 Citq oo _ Council Meeting Minutes Monday, October 19, 2009 7:30 PM 06 Council Chambers Resolution # 233 /09 Moved by Councillor Dickerson Seconded by Councillor Johnson 1. That the Corporate Grants policy be waived; 2. 'That a grant of $750.57 be provided to the Durham West Girls Junior Lightning Hockey Team to host an exhibition game with the Team China Olympic Hockey Team at the Delany Rink in the Recreation Complex; and 3. That the appropriate officials of the City of Pickering be given the authority to give effect thereto. CARRIED 2. CORR. 97-09 RON HALLIDAY DEVELOPMENT MANAGER COUGS INVESTMENTS LTD. 2700 Audley Road North Aiax, ON. L1Z 1T7 Resolution # 234/09 Moved by Councillor Pickles Seconded by Councillor Dickerson That CORR. 97-09 received from Ron Halliday, Development Manager, Cougs Investments Ltd. requesting permission from the City to construct a 300 m,m diameter watermain along the north side of the unopened 5th Concession Road right- of-way between Balsam Road and future Garrardview Road as required by the Region of Durham to provide a secondary watermain feed for the proposed Deer Creek East subdivision be approved. CARRIED 3. CORR. 98-09 P.M. MADILL REGIONAL CLERK REGION OF DURHAM 605 Rossland Road East Whitby, ON L1 N 6A3 6 Cart _ Council Meeting Minutes Monday, October 19, 2009 PICKE 7:30 PM Council Chambers 07 Resolution # 235/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 98-09 received from P.M. Madill, Regional Clerk, Region of Durham, with respect to a resolution passed at a meeting held September 23, 2009 regarding support of the Durham Strategic Energy Alliance (DSEA) lead proposal submission to the Provincial Ministry of Research and Innovation for the creation of a Durham- based Research Innovation Centre under the Ontario Network of Excellence be received for information. CARRIED 4. CORR. 99-09 J.W. TIERNAY EXECUTIVE DIRECTOR ONTARIO GOOD ROADS ASSOCIATION 6355 Kennedy Road, Unit 2 Mississauga, ON L5T 21-5 Resolution # 236/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 99-09 received from J.W. Tiernay, Executive Director, Ontario Good Roads Association providing information with respect to the nominations for directors to serve on the 2010-2011 Board of Directors be received for information. CARRIED 5. CORR. 100-09 BRUCE MACGREGOR CHIEF ADMINISTRATIVE OFFICER YORK REGION 17250 Yonge Street Newmarket, ON L3Y 6Z1 Discussion ensued on this matter. The Chief Administrative Officer was asked to aggressively respond to CORR. 100-09. 7 Cis Council Meeting Minutes' Monday, October 19, 2009 PICKERING 7:30 PM Council Chambers 08 Resolution # 237/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 100-09 received from Bruce Macgregor, Chief Administrative Officer, Regional Municipality of York, regarding the direction Pickering Council is taking with respect to the Southeast Collector Trunk Sewer Individual Environmental Assessment Project and the York/Durham Odour Control Facility be received for information. CARRIED 6. CORR. 101-09 RODGER MILLER, VICE PRESIDENT MATTAMY DEVELOPMENT CORPORATION 2360 Bristol Circle Oakville, ON L6H 6M5 Resolution # 238/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 101-09 received from Rodger Miller, Vice President, Mattamy Development Corporation providing their plans and timeframes involved for the development of their lands with respect to the draft plan approval of the property. (Draft Plan of Subdivision SP-2008-01, Zoning By-law Amendment Application A 1/08) be received for information. I CARRIED 7. CORR. 102-09 a) CROHN'S AND COLITIS FONDATION OF CANADA76-79 b) INTERNATIONAL EPIDERMOLYSIS BULLOSA c) RECYCLING COUNCIL OF ONTARIO d) ONTARIO FEDERATION OF LABOUR (OFL) 8 Caq Council Meeting Minutes Monday, October 19, 2009 PICKERING, 7:30 PM Council Chambers 09 Resolution # 239/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That CORR. 102-09 be received and the following proclamations be declared: November, 2009 - "Crohn's and Colitis Awareness Month"; October 25 - 31, 2009 "International Epidermolysis Bullosa Awareness Week"; October 19 - 25, 2009 "Waste Reduction Week in Canada" November 6, 2009 "Community Social Service Workers Appreciation Day" 8. CORR. 103-09 DAVID ESTRIN CERTIFIED ENVIRONMENTAL LAW SPECIALIST GOWLINGS BARRISTERS & SOLICITORS Suite 1600, 1 First Canadian Place 100 King Street West Toronto, ON M5X 1 G5 Resolution # 240/09 Moved by Councillor O'Connell Seconded by Councillor Littley That CORR. 103-09 from David Estrin, Certified Environmental Law Specialist, Gowlings, with respect to the Southeast Collector Trunk Sewer Environmental Assessment (EA) and the Memorandum of Understanding (MOU) between the City of Pickering and the Regional Municipality of York be received for information. CARRIED LATER IN THE MEETING, AS AMENDED [See Following Motions] Resolution # 241/09 Moved by Councillor O'Connell Seconded by Councillor McLean That the main motion be amended by adding the following as Items 2 a), b) and 3: 9 Cry a¢ Council- Meeting Minutes &a Monday, October 19, 2009 7:30 PM Council Chambers 2. That Council direct the City Solicitor to inform the York Region Solicitor, Chair and Members of York Regional Council that the City of Pickering: a) Considers York Region to be in breach of its obligations under the MOU in respect of the Environmental Assessment process for the SEC Trunk Sewer including, without limitation, the unfair manner in which York Region has carried out the Environmental Assessment for the SEC Trunk Sewer; b) That in the event York Region has not by October 30, 2009 clearly communicated to the City of Pickering that York Region is willing to address the City's concerns as expressed in resolutions passed on September 22, 2009 including suspend the processing of its Environmental Assessment now before the Minister of Environment in order to rectify issues of concern to the City of Pickering, that the City of Pickering commence a Court application for a declaration that York Region is in breach of its obligations, duties and responsibilities under the MOU and for such ancillary relief, including injunctive relief, as may be appropriate; 3. That staff be directed to retain outside counsel, Rodney V. Northey, to refer to opinions provided by Solicitor David Estrin, prepare and submit correspondence to the Minister of Environment and Ministry of Environment detailing City of Pickering's concerns and requests with regards to the SEC Trunk Sewer Project by November 20, 2009. CARRIED ON A DIVIDED - MOTION LATER IN THE MEETING [See Following Motions] Resolution # 242/09 Moved by Councillor Dickerson Seconded by Councillor Littley That the main motion as amended be divided in order to deal with Item 2 a),b) and 3 separately. CARRIED ON A RECORDED VOTE AS FOLLOWS: 10 Cis Council Meeting Minutes F°& 3 Monday, October 19, 2009 7:30 PM Council Chambers YES NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan Resolution # 243/09 Moved by Councillor Littley Seconded by Councillor Pickles That the amendment [(Item 2 a), b) and 3)] be referred to Legal Counsel. MOTION DEFEATED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Johnson Councillor Dickerson Councillor Littley Councillor McLean Councillor Pickles Councillor O'Connell Mayor Ryan Resolution # 244/09 Moved by Councillor O'Connell Seconded by Councillor McLean 2. Direct the City Solicitor to; a) Considers York Region to be in breach of its obligations under the MOU in respect of the Environmental Assessment process for the SEC Trunk Sewer including, without limitation, the unfair manner in which York Region has carried out the Environmental Assessment for the SEC Trunk Sewer; CARRIED ON A RECORDED VOTE AS FOLLOWS: 11 Citq ao Council Meeting Minutes Monday, October 19, 2009 PICKEMG 7:30 PM Council Chambers 1? YES NO Councillor Dickerson Councillor Johnson Councillor Littley Councillor Pickles Councillor McLean Councillor O'Connell Mayor Ryan Resolution # 245/09 Moved by Councillor O'Connell Seconded by Councillor McLean 2. Direct the City Solicitor to; b) That in the event York Region has not by October 30, 2009 clearly communicated to the City of Pickering that York Region is willing to address the City's concerns as expressed in resolutions passed on September 22, 2009 including suspend the processing of its Environmental Assessment now before the Minister of Environment in order to rectify issues of concern to the city of Pickering, that the City of Pickering commence a Court application for a declaration that York Region is in breach of its obligations, duties and responsibilities under the MOU and for such ancillary relief, including injunctive relief, as may be appropriate; CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor Johnson Councillor Littley Councillor Pickles Councillor McLean Councillor O'Connell Mayor Ryan Resolution # 246/09 Moved by Councillor O'Connell Seconded by Councillor McLean 12 Cis Council Meeting Minutes 9 Monday, October 19, 2009 CKER~ 7:30 PM Council Chambers 1 3 3. That staff be directed to retain outside counsel, Rodney V. Northey, to refer to opinions provided by Solicitor David Estrin, prepare and submit correspondence to the Minister of Environment and Ministry of Environment detailing City of Pickering's concerns and requests with regards to the SEC Trunk Sewer Project by November 20, 2009. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Littley Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Pickles Mayor Ryan The main motion, as amended, was then CARRIED. (VII) COMMITTEE REPORTS a) REPORT PD 2009-09 OF THE PLANNING & DEVELOPMENT COMMITTEE 1. Director, Planning & Development, Report PD 24-09 Zoning By-law Amendment Application A 10/09 Pine Ridge Management Inc. & 1331301 Ontario Inc. Part of Lots 20 & 21, Concession 1 (1450 & 1525 Pickering Parkway) City of Pickering COUNCIL DECISION 1. That Report PD 24-09 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 10/09, submitted by Pine Ridge Management Inc. & 1331301 Ontario Inc. for lands being Part of Lot 20, Concession 1 & Part of Lot 21, Concession 1, be approved to broaden the range of commercial uses for the subject properties including offices and personal service uses, and add nursing home, retirement home and multiple dwelling-vertical (apartment) as permitted uses and increase the permitted height from six to eight storeys on the lands; 13 Cial a¢~ Council Meeting Minutes Fa Monday, October 19, 2009 7:30 PM Council Chambers ~4 3. That no further notice is required to change the by-law to increase the permitted height from six to eight storeys, proposed subsequent to the holding of the public meeting, as it is within the provisions of the Planning Act; and 4. Further, that the zoning by-laws to implement Zoning By-law Amendment Application A 10/09, as set out in Appendices I and II to Report PD 24-09, be forwarded to City Council for enactment. 3. Director, Planning & Development, Report PD 27-09 City Initiated Application Zoning By-law Amendment Application A 12/08 Dunbarton Village Zoning Review City of Pickering COUNCIL DECISION 1. That Report PD 27-09 of the Director; Planning & Development be received; 2. That Zoning By-law Amendment Application A 12/08 be approved to rezone certain lands in Dunbarton Village to recognize existing legal non-conforming uses and to establish a range of permitted uses appropriate for this Village, environment; and 3. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 12/08, as set out in Appendix I to Report PD 27-09, be forwarded to City Council for enactment. Resolution # 247/09 Moved by Councillor Johnson Seconded by Councillor Littley That the Report of the Planning & Development Committee 2009-09, dated October 5, 2009, be adopted, save and except Items 2 and 4. CARRIED 2. Director, Planning & Development, Report PD 26-09 Continuation of Urban Design Consulting Services -Downtown Pickering & Pickering Growth Strategy Program 14 Cyr Council Meeting Minutes Monday, October 19, 2009 PICKERING 7:30 PM Council Chambers 1~. General discussion ensued on this matter. The Chief Administrative Officer was directed to have this matter referred to a future strategy session in order to go over the consultants work. Resolution # 248/09 Moved by Councillor Johnson Seconded by Councillor Littley 1. That Report PD 26-09 of the Director, Planning & Development respecting urban design consulting services be received; 2. That the Director, Planning & Development and the Office of Sustainability be authorized to continue with the services of Young & Wright / IBI Group to act as the City's urban design consultants on the: a) Downtown Pickering program to an upset limit of $50,000 using professional and consultative service funds approved by Council in the 2009 Planning & Development Department budget; b) Downtown Pickering program for 2010 to a limit to be determined through the Planning & Development Department budget approval process; c) Pickering Growth Strategy program to an upset limit of $65,000 using professional and consultative service funds approved by Council in the 2008/2009 Planning & Development Department budgets; and 3. Further, that the appropriate City officials be authorized to take the necessary action to give effect hereto. CARRIED 4. Director, Planning & Development, Report PD 29-09 Durham Region Official Plan Amendment Application OPA 2008-001 Official Plan Amendment Application OPA 05-04/P Amendment 20 to the Pickering Official Plan Zoning By-law Amendment Application A 33/05 Kinsale Properties Ltd. (Part of Lot 4, Concession 6) City of Pickering General discussion ensued on this matter. 15 Citq o~ Council Meeting Minutes Monday, October 19, 2009 7:30 PM 1 Council Chambers Resolution # 249/09 Moved by Councillor Johnson Seconded by Councillor Littley 1. That Report PD 29-09 of the Director, Planning & Development regarding Official Plan Amendment Application OPA 05-04/P, Amendment 20 to the Pickering Official Plan, be received; 2. a) That Amendment 20 to the Pickering Official Plan initiated by Kinsale Properties Ltd., to permit a 12-hole golf course and associated uses by redesignating the lands from Agricultural Areas, Open Space System - Natural Areas and Exception (E1-3.20.a) to Open Space System - Active Recreational Areas as set out in Exhibit "A" to Appendix I to Report PD 29- 09 be adopted and forwarded to the Region of Durham for approval; b) That the Draft By-law to adopt Amendment 20 to the Pickering Official Plan to establish a golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as set out in Appendix I to Report PD 29-09 be forwarded to Council for enactment; 3. That Council advise the Region of Durham that it supports the application to amend the Durham Regional Official Plan, File: OPA 2008-P-51, submitted by Kinsale Properties Ltd., to redesignate a 29.9 hectare site in the City of Pickering from Prime Agricultural Areas to Major Open Space. Areas to permit the development of a 12-hole golf course; 4. That Zoning By-law Amendment Application A 33/05 submitted by Kinsale Properties Ltd. for lands being Part of Lot 18, Concession 1, City of Pickering, to amend the zoning of the subject property to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator as outlined in Report PD 29-09 be approved; 5. That the draft by-law to amend Zoning By-law 3037, as amended by By-law 1751/83 to permit a 12-hole golf course with maintenance buildings, a clubhouse with limited food services and a separate building with an indoor golf simulator is to be forwarded to Council for enactment once the Ministry of Natural Resources advises the City that the final limits of development and boundaries for open space zoning are appropriate; and 6. Further, that the City Clerk forward a copy of Report PD 29-09 to the Region of Durham and the Town of Ajax for information. 16 Council Meeting Minutes gE°g Monday, October 19, 2009 "WNG 7:30 PM Council Chambers 17 CARRIED LATER IN THE MEETING [See Following Motion] Resolution # 250/09 Moved by Councillor O'Connell Seconded by Councillor Dickerson That Items 2a), and 5 of the main motion be revised as follows and that additional recommendations be added and numbered as 7, 8 and 9: 2 a) That Amendment 20 to the Pickering official Plan initiated by Kinsale Properties Ltd., to permit a 12 hole golf course and associated uses by redesignating the lands from Agricultural Areas, Open Space System- Natural Areas and Exception E1-3.20(a) to Open Space System-Active Recreational Areas as set out in the revised Exhibit "A" to Appendix 1 to Report PD 29-09 be adopted and forwarded to the Region of Durham for approval; 5. That the draft by-law to amend Zoning By-law 3037, as amended by By-law 1751/83, to permit a 12 hole golf course with maintenance building, a clubhouse with limited food services and a separate building with an indoor golf simulator be forwarded to Council for enactment; 7. That the development/site plan agreement required prior to removal of the "H" - Holding Category include, but not be limited to matters outlined in Attachment #3 to the memo dated October 14, 2009, addressed to the City Clerk from the Director, Planning & Development. 8. That the draft by-law to amend Zoning By-law 3037, as amended, contain a "H" Holding Category and provisions that the "H" not be lifted until independent testing for contamination is conducted for the entire depth of the existing fill on site; and 9.. That the independent testing of the existing on-site fill be conducted under the administration of the City and paid for by Kinsale Properties Ltd. The main motion, as amended, was then CARRIED. 17 Cyr Council Meeting Minutes F°&a Monday, October 19, 2009 PICKERING 7:30 PM 18 Council Chambers b) REPORT EC 2009-08 OF THE EXECUTIVE COMMITTEE 1. Director, Corporate Services & Treasurer, Report CS 38-09 2009 Year End Audit COUNCIL DECISION 1. That Report CS 38-09 of the Director, Corporate Services & Treasurer be received; 2. That the Audit Plan as submitted by Deloitte & Touche LLP, included as Attachment 1 to this report be received for information; and, 3. That the Chief Administrative Officer and the Director, Corporate Services & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. 2. Director, Corporate Services & Treasurer, Report CS 36-09 Clerks Division Revenue Controls Review COUNCIL DECISION That Report CS 36-09 of the Director, Corporate Services & Treasurer regarding the results of the Clerks Division Revenue Controls Review be received for information. 3. Director, Corporate Services & Treasurer, Report 37-09 Section 357/358 of the Municipal Act - Adjustment to Taxes COUNCIL DECISION 1. That Report CS 37-09 of the Director, Corporate Services & Treasurer be received; 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. 18 Council Meeting Minutes Monday, October 19, 2009 7:30 PM Council Chambers 19 4. Director, Corporate Services & Treasurer, Report CS 39-09 Veridian Corporation - Promissory Notes Renewal COUNCIL DECISION 1. That Report CS 39-09 of the Director, Corporate Services & Treasurer be received; 2. That the maturity dates on the Promissory Notes in the amount of $7,095,000 to Veridian Corporation and $17,974,000 to Veridian Connections Inc. be amended to November 1, 2012 at their face value with the existing terms and conditions with interest at 6% or the Ontario Energy Board Deemed Rate as indicated on the respective notes; 3. That a by-law in the form included as Attachment 2 to this report providing for the approval and execution of a Note Amending Agreement be enacted; 4. That the Mayor and Clerk be authorized to execute the Note Amending Agreement on behalf of the City of Pickering in the form included as Attachment 3 to this report; 5. That the Director, Corporate Services & Treasurer be authorized to undertake any actions including negotiations or amendments to the terms and conditions necessary in order to put the foregoing into effect; and 6. That the appropriate officials at the City of Pickering be given authority to give effect thereto. 5. Director, Operations & Emergency Services, Report OES 45-09 407 East Final Individual Environmental Assessment (FIEA) and Preliminary Design Study - August 2009 City of Pickering Comments COUNCIL DECISION 1. That Report OES 45-09 of the Director, Operations & Emergency Services and the Director, Planning & Development, regarding the 407 East Final Individual Environmental Assessment (FIEA) and Preliminary Design Study, August 2009, be received; 2. That Council endorses the Technically Preferred Route (TPR) consisting of the Highway 407 East Mainline and the two North-South Freeway "Links" connecting Highway 401 in West Durham and in East Durham (See Attachment 1); 19 cly Council Meeting Minutes Monday, October 19, 2009 7:30 PM Council Chambers -20 3. That Council supports the transitway corridor, the locations of transitway stations and the maintenance yards within Pickering in principle, as the basis for the submission of a future separate environmental assessment; 4. That Council requests the Ontario Ministry of Transportation (MTO) to work with City staff to determine alternative strategies for the seven cultural heritage properties in Pickering proposed to be displaced in the FIEA Report (See Attachment 2); 5. That Council requests the MTO to consider a better location or retain flexibility to re-orient the proposed interchange at Westney Road to accommodate a more easterly alignment for the Greenwood By-Pass on Westney Road, should the Region of Durham's Environmental Assessment (EA) for the Greenwood By- Pass support such an alignment; 6. That, as previously requested in Report No. OES 07-09, dated January 12, 2009 (See Attachment 3), Council requests all proposed grade separations within Pickering include raised sidewalks (1.8 metre minimum width) on both sides of the roadways, and dedicated bicycle lanes (1.5 metre minimum width) on the outer lanes on both sides of the roadways at MTO expense; 7.. That Council requests the MTO to install a gateway feature at Lake Ridge Road in Pickering as a component of Community Value Plan (CVP); 8. That Council requests MTO to relocate and replace ball diamonds, play grounds, and parking, etc. located at Don Beer Memorial Park north of Highway 407 in the Hamlet of Brougham which is being significantly impacted by the proposed alignment, and that MTO be further requested to work closely with the City of Pickering and the Federal Government to find a suitable location, all at MTO expense; 9. That Council endorses the comments and recommendations made by staff to the MTO, dated August 4, 2009 (See Attachment 4) and further requests MTO to incorporate them into the FIEA Report; 10. That Council endorses the concerns raised by staff on the FIEA Report to the MTO in Appendix 3 of Report OES 45-09 and further requests MTO to incorporate them into the FIEA Report; 11. That MTO revise the FIEA to take into account the data and status updates contained in Appendix 4 of Report OES 45-09; 20 Ciar Council Meeting Minutes _Monday, October 19, 2009 PICKE 7:30 PM Council Chambers 21 12. That following the approval of FIEA Report, Council requests MTO to work closely with City of Pickering staff during the subsequent design and implementation phases of the 407 easterly extension; 13. That a copy of the Report OES 45-09 be forwarded to the MTO, the 407 East EA Project Team, Region of Durham, all Durham area municipalities, and Transport Canada; and 14. Further, that the City Clerk be requested to forward Report OES 45-09 and the October 13, 2009 Executive Committee decision on this matter to Ontario Ministry of Environment (MOE) by the required deadline of October 16, 2009 and forward Council's decisions on this matter following the Council meeting of October 19, 2009 to MOE. 6. Director, Corporate Services & Treasurer, Report CS 40-09 Tender / Contract Approval - Councils' Summer Recess COUNCIL DECISION 1. That Report CS 40-09 of the Director, Corporate. Services & Treasurer regarding tender and contract approvals during Councils' Summer Recess be received; and, 2. That Council pass a resolution ratifying the approval of the Tenders and Contracts by the Chief Administrative Officer contained in this Report during Council's summer recess being Tender No. T-11-2009 Durham Purchasing Co-operative for the Supply and Delivery of Culvert; Tender No. T-13-2009, Supply and Delivery of Fire Rescue Equipment; Tender No. T-16-2009, Asphalt and Concrete Repairs; Tender No. T-20-2009, Supply and Delivery of Two (2) One- Ton Dump Trucks; and Tender No. T-21-2009, Reconstruction of Luna Court. Resolution # 251/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That the Report of the Executive Committee EC 2009-08, dated October 13, 2009, be adopted. CARRIED 21 Crr~f Council Meeting Minutes _ Monday, October 19, 2009 PLCKE 7:30 PM 22 Council Chambers (VIII) NEW AND UNFINISHED BUSINESS 1. Director, Operations & Emergency Services, Report OES 48-09 Quotation Q -62-2009 - Underground Hydro Conversion on Liverpool Road Resolution # 252/09 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report OES 48-09 of the Director, Operations & Emergency Services regarding the Underground Hydro Conversion on Liverpool Road be received; 2. That Quotation Q-62-2009 submitted by Dundas Power Line Limited in the amount of $82,950.00 (GST included) be accepted; 3. That the total gross project cost of $89,250.00 (GST included) including the quotation amount and other associated costs and the total net project cost of $85,000 be approved, 4. That the total net project costs of $85,000 be funded as follows: a) The sum of $40,000 to be funded from the Move Ontario Reserve as was approved in the 2007 Capital Budget; b) The additional sum of $45,000 to be funded by a draw from the Move Ontario Reserve; 5. That Council authorize the Director, Corporate Services & Treasurer to take any actions necessary in order to effect the foregoing; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. CARRIED 2.- Director, Planning & Development Report PD 30-09 Tender T-22-2009 -Tender for Road Improvements on Acorn Lane, Kodiak Street, Carpenter Court and Woodview Avenue 22 cial ao Council Meeting Minutes Monday, October 19, 2009 PICKEMG 7:30 PM Council Chambers 23 Resolution # 253/09 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report PD 30-09 regarding the asphalt improvements for Acorn Lane, Kodiak Street, Carpenter Court and Woodview Avenue be received; 2. That Tender T-22-2009 submitted by Ashland Paving Ltd. for the road improvements to Acorn Lane, Kodiak Street, Carpenter Court and Woodview Avenue at cost of $249,352 (GST included) be accepted; 3. That the total gross project cost of $276,862 (GST included) including the tender amount and other associated costs and the total net project cost of $263,678 be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) that the sum of $135,000 be financed from development contributions using the developers' security; b) that the sum of $128,678 be funded from: (i) the Development Charges Roads Related Reserve Fund in the amount of $93,600; (ii) DC City's Share Reserve in the amount of $114,400; c) that the Director, Corporate Services & Treasurer is authorized to take any actions necessary in order to effect the foregoing; and 5. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED 3. Director, Corporate Services & Treasurer, Report CS 41-09 Toys for Tickets / Food for Fines Promotion Resolution # 254/09 Moved by Councillor Pickles Seconded by Councillor Johnson 23 Call Council Meeting Minutes Monday, October 19, 2009 PICKEMG 7:30 PM 24 Council Chambers 1. That Report CS 41-09 of the Director, Corporate Services & Treasurer be received; 2. That the proposed Toys for Tickets / Food for Fines Promotion be implemented for December 10 and 11, 2009; and 3. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. CARRIED (IX) MOTIONS & NOTICES OF MOTION a) PICKERING SUSTAINABLE DEVELOPMENT GUIDELINES Resolution # 255/09 Moved by Councillor Dickerson Seconded by Councillor Pickles WHEREAS in May 2007, a consulting team lead by Dillon Consulting issued its Sustainable Development Guidelines Final Report to the City of Pickering; and WHEREAS on June 18, 2007, Pickering Council received the consulting team's Final Report and, directed staff to use the Draft Sustainable Development Guidelines contained in that Report as input to the development of sustainability performance measures and benchmarks for Seaton, and as input to the sustainability components of the Pickering Official Plan Review; and WHEREAS the Draft Guidelines apply to neighbourhood plans, plans of subdivision, site plans, rezoning applications and building permits: and WHEREAS the Draft Guidelines establish three Levels of Sustainability; and WHEREAS on October 20, 2008, Council adopted Resolution 206/08 that among other things requires that a report be submitted with all development applications demonstrating how the site development and building design/construction is consistent with the City's Sustainable Development Guidelines; and WHEREAS on April 20, 2009, Council adopted Amendment 17 to the Pickering Official Plan setting out the requirements for complete applications for official plan amendments, zoning amendments, plans of subdivision and condominium, and site plans, that among other things requires the submission of a "Sustainable Development 24 Call Council Meeting Minutes _ Monday, October 19, 2009 PICKE 7:30 PM Council Chambers 25 Report" which Report would evaluate the application in relation to the City's Draft Guidelines; and WHEREAS the Draft Guidelines were discussed at a recent meeting of the Sustainable Pickering Advisory Committee, and consideration was given to the need to establish a minimum level of sustainability in relation to the Draft Guidelines; WHERAS the Sustainable Pickering Advisory Committee and Staff continue to refine the guidelines to improve their effectiveness in evaluating development proposals; and WHEREAS the minimum level of required sustainability is anticipated to increase over time as technology evolves and sustainable elements become better integrated in standard development practice; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Pickering hereby requires that all future neighbourhood plans, draft plans of subdivision, official plan amendments, and zoning amendments that are recommended to Council for approval, and all site plans considered by the Site Plan Advisory Committee, achieve as a minimum, a rating of Level 1 in relation to the City's Draft Sustainable Development Guidelines, except where circumstances preclude this minimum being achieved, and where such circumstances are explained in the related report to Council or conveyed to Committee Members at the Site Plan Advisory Committee Meeting. CARRIED UNANIMOUSLY ON A RECORDED VOTE b) AIRPORT IN NORTH PICKERING 2010 BALLOT QUESTION Resolution # 256/09 Moved by Councillor McLean Seconded by Councillor Dickerson WHEREAS in 1972, the Government of Canada expropriated 18,600 acres of land in Pickering, Markham and Uxbridge with the intention of creating an international airport site for the greater Metropolitan Toronto region; WHEREAS in 1998, a decision was made to defer the construction of an airport in North Pickering, to allow for local governments and interest groups to explore alternatives to federal airport zoning regulations; 25 Call o0 Council Meeting Minutes Monday, October 19, 2009 PICKE 7:30 PM 2 6 Council Chambers WHEREAS after years of public consultation the Pickering Airport Site Zoning Regulations were passed on September 30, 2004; WHEREAS in May 2007, the Greater Toronto Airport Authority was awarded a contract to complete a comprehensive Needs Assessment Study to determine the need for a North Pickering Airport; WHEREAS the Council for the City of Pickering is on record as being opposed to an airport within its boundaries; WHEREAS public opinion is an integral factor to be considered with respect to the proposed airport in North Pickering; and NOW THEREFORE BE IT RESOLVED that a public meeting and by-law to place the following question on the November 2010 City of Pickering election ballot be scheduled and that the City Clerk initiate the required processes outlined in the Municipal Elections Act, 1996; Do you support the City of Pickering's position to oppose construction and operation of an airport in the City of Pickering? YES or NO CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor Johnson Councillor Littley Councillor Pickles Councillor McLean Councillor O'Connell Mayor Ryan (X) BY-LAWS 6990/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 1346/81 and 6365/04, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 21, Concession 1, in the City of Pickering (A 10/09) 26 City Council Meeting Minutes Ftg , , Monday, October 19, 2009 FICKE 7:30 PM Council Chambers 2 6991/09 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6007/02, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 21, Concession 1, in the City of Pickering (A 10/09) 6992/09 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering Planning Area, Region of Durham in the former Dunbarton Village. (A 12/08) 6993/09 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Road Allowance between Part of Lots 79 to 85, 110 and 111, Plan 350, in the City of Pickering. [OMB Approved By-law]. 6994/09 Being a by-law to approve and authorize the execution of a note amending agreement made as of the 31 st day of October, 2009 in respect of second amended and restated promissory notes dated October 1, 2006 issued by Veridian Corporation and Veridian Connections Inc. in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the issue of third amended and restated promissory notes dated as of the 31 st day of October, 2009. 6995/09 Being a By-law to adopt Amendment 20 to the Official Plan for the City of Pickering. (OPA 05-04/P) THIRD READING: Councillor Pickles, seconded by Councillor Johnson moved that By-law Numbers 6990/09 to 6995/09, be adopted, and the said by-law be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (XI) OTHER BUSINESS 1. The Chief Administrative Officer was requested to action the following: a) Councillor O'Connell requested investigation into the agreements in place to allow the Region of York to build structures on City property and the closing of roads at the Water Pollution Control Plant. 27 Cris oo~ Council Meeting Minutes Monday, October 19, 2009 7:30 PM Council Chambers 23 b) Councillor Dickerson requested an update regarding the "support our troups" flags. (XII) CONFIDENTIAL MATTERS In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Mayor Ryan advised that the order of the confidential agenda was changed to the following order; Report CAO 07-09, Chabot Enterprises, Mattamy (Brock Road) Limited and then the YDSS Odour Facility. Councillor O'Connell requested that the draft four page legal opinion from Rod Northey of Fogler, Rubinoff be released and discussed in the open session. Moved by Councillor O'Connell Seconded by Councillor McLean That the confidential 4 page draft letter from Rod Northey, Fogler, Rubinoff with respect to the YDSS Odour Facility be divided from the In Camera agenda and discussed in the open session of Council TABLED UNTIL LATER IN THE MEETING [See Following] Discussion ensued on this matter. A. Allison advised that in his opinion the draft letter should not be released as a further 42 page document from Mr. Northey would be presented during the in camera discussion of this matter. Mr. Allison provided further clarification on the legal rights of the City. Mr. Allison was further questioned on meeting with a member of the public and divulging the City's position and legal representation on the matter. Moved by Councillor Littley Seconded by Councillor Dickerson That the motion of Councillors O'Connell and MacLean be tabled until after the delegation of Mr. Northey. CARRIED 28 cia1 Council Meeting Minutes &a Monday, October 19, 2009 PICKE 7:30 PM Council Chambers 29 Resolution # 257/09 Moved by Councillor Pickles Seconded by Councillor Littley That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to the receiving of advice that is subject to solicitor- client privilege, including communications necessary for that purpose; a proposed or pending acquisition or disposition of land by the municipality or local board and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan 1. Confidential Report CAO 07-09 of the Chief Administrative Officer Arnts Topsoil and Pickering Golf Academy Extension of Leases General discussion ensued on this matter. Moved by Councillor Pickles Seconded by Councillor Dickerson Resolution #258/09 That the recommendations as contained in Confidential Report CAO 07-09 of the Chief Administrative Officer, be adopted. CARRIED 2. Memorandum dated October 14, 2009 to the Chief Administrative Officer from the City Solicitor with respect to Robert Chabot Enterprises Ltd. 3356 Sideline 4 (Balsam Road) 29 Cit'i'q Council Meeting Minutes Monday, October 19, 2009 PICKE 7:30 PM 3 Council Chambers The City Solicitor advised that Mr. Stan Makuch, Solicitor for Robert Chabot Enterprises Ltd. Was available should Council have questions. Moved by Councillor Dickerson Seconded by Councillor Johnson Resolution # 259/09 That the recommendation a's contained in the Confidential minutes of October 19, 2009, be adopted. CARRIED 3. Memorandum dated October 14, 2009 to the Chief Administrative Officer from the Director, Planning & Development and the City Solicitor with Respect to an Appeal of Draft Plan of Subdivision SP-2008-01 and Zoning By-law Amendment A 01/08, Mattamy (Brock Road) Limited Part Lots 17 & 18, Concession 3, City of Pickering Moved by Councillor Pickles Seconded by Councillor Johnson Resolution # 260/09 That the recommendations as contained in the Confidential minutes.of October 19, 2009 be adopted. CARRIED 4. Memorandum dated October 16, 2009 from the Chief Administrative Officer With respect to the YDSS Odour Control Facility Detailed discussion ensued on this matter. Moved by Councillor Dickerson Seconded by Councillor Pickles Resolution # 261/09 That the recommendations as contained in the Confidential minutes of October 19, 2009 be adopted. 30 i C tq Council Meeting Minutes Monday, October 19, 2009 7:30 PM Council Chambers 31 CARRIED UNANIMOUSLY AND RATIFIED Moved by Councillor Dickerson Seconded by Councillor Pickles That Council rise and ratify the actions taken at the In Camera session. CARRIED (X111) CONFIRMATION BY-LAW By-law Number # 6996/09 Councillor Johnson, seconded by Councillor McLean, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of October 19, 2009. CARRIED (XIV)ADJOURNMENT Moved by Councillor O'Connell Seconded by Councillor Johnson That the meeting be adjourned at 12:00 am. CARRIED DATED this 19th day of October, 2009 MAYOR DAVID RYAN DEBI A. WILCOX CITY CLERK 31 Cry oo Planning & Development Committee Meeting Minutes PKXERING Monday, November 2, 2009 ' 32 7:30 pm - Council Chambers Chair: Councillor McLean PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean D. Pickles ABSENT: J. O'Connell ALSO PRESENT: T. Melymuk - (Acting) Chief Administrative Officer N. Carroll - Director, Planning & Development 1. James - Planner II D. Shields - Deputy Clerk (1) DISCLOSURE OF INTEREST No disclosures of interest were noted. (II) PART `A" INFORMATION REPORTS 1. Zoning By-law Amendment -A 18/09 2121401 Ontario Limited (V!VA Retirement Living Corp.) 1884 Glengrove Road (Lots 42, 43, 44 and Part of Service Road, Plan 509) City of Pickering A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Isa James, Planner II, gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before the by-law is passed, that person or public body are not entitled to appeal the decision of City 1 l Cirq o~ Planning & Development Committee Meeting Minutes PICKERING Monday, November 2, 2009 7:30 pm - Council Chambers 33 Chair: Councillor McLean Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Isa James, Planner II, gave an overview of zoning amendment application A 8/09 with the aid of a PowerPoint presentation. Jordan Bernamoff, President of VIVA Retirement Living Corp. appeared before the Committee and with the aid of a PowerPoint presentation outlined the Pickering VIVA Retirement Community application. He noted that the Pickering VIVA Retirement Community was a $30 million dollar privately financed infrastructure project which would benefit Pickering seniors. He also noted that the project would generate 40 - 60 full and part-time jobs for Pickering residents. He stated that the on site daycare facility was a great opportunity for inter- generational programming and also provided daycare opportunities for staff working at the retirement facility. He also noted that when developing projects they are committed to building and operating environmentally sustainable communities. Peter Smith, 1896 Glenview Road, appeared before the. Committee in opposition to the application and noted the following concerns. He questioned whether the shadowing study stated how many houses would be affected by shadowing and for how long. He noted his concerns regarding whether there was enough parking for the development and felt this would increase on street parking and cause additional traffic congestion in the area. Mr. Smith wanted to know when the rezoning from residential to commercial would stop in this area and stated this was originally a residential area which is slowly being changed to commercial which continually affects the residential component of the area. Doreen Adair, 1892 Glengrove Road, appeared before the Committee in opposition to the application. She questioned whether the City had looked into whether Glengrove Road would need to be upgraded to accommodate commercial weight vehicles. She questioned whether the existing sewer system could handle the increased commercial use. She asked if assessments had been done to determine whether excavation for the development would affect the water levels. Ms. Adair also noted that when environmental drill testing had been done the equipment had caused vibrations in the area and questioned who would be responsible for any damage done to homes in the area. Ms. Adair also noted that she felt the development of 6 stories is too high considering its closeness to the existing residential homes. She stated her concerns with the loss of existing trees and green space and questioned whether they would be replaced with the same amount of trees as taken out. Ms. Adair also noted that I 2 City o0 Planning & Development Committee Meeting Minutes PICXERDJG Monday, November 2, 2009 3 4 7:30 pm - Council Chambers Chair: Councillor McLean she felt the development uses would create additional traffic and on street parking problems. Don Roden, Sheridan Veterinary Services, 1398 Kingston Road, appeared before the Committee in opposition to the conceptual plan being proposed. Mr. Roden noted that he was not opposed to the development just the proposal that was before them. He felt that the proposal before them had no vision, could have been more creative and felt it could be precedent setting, he felt it was not unique. He noted his concerns regarding traffic and parking congestion, the placement of the building so close to Kingston Road and the height and density of the building. He also noted his concerns with losing the tree buffer between his property and the development. Mr. Roden felt that there had been no public transparency to the sale of the service road and noted that he had submitted an additional letter regarding the purchase of that land. He felt that no one had approached him to discuss how this would affect his business and whether they could work together. He noted that the restrictive access to his property would be disastrous for his business. Mr. Roden stated that he would like to work with the developers so that they could cooperate and maybe compromise on some of his issues. Rob Freeman, a representative for VIVA Retirement Living Corp. appeared before the Committee to answer questions of the residents and go over what had happened at the Open House VIVA held for area residents earlier. He noted that the traffic report that had been done notes that the road network is adequate for this development. He stated that a traffic congestion issue is prominent in the am peak period but is caused due to back up from left hand turning. He noted that if the road was widened to create an additional lane for turning right the problem would probably be alleviated. He noted that if you were to compare their site with the Chartwell site regarding parking, they would have more spaces on their property. He noted that he felt the height was good, there was a large amount of open space within the development and that commercial vehicles visiting the site would not be an issue because it would only be a couple of times per week. Mr. Freeman noted that the excess service road property was in front of their property and he noted that it made sense for VIVA to purchase it. He also noted that he would be happy to sit down with residents regarding concerns about damage to homes during the construction of the development but did not anticipate this to be an issue. He also noted that he would continue to meet with Sheridan Veterinary Services and was hoping to save trees so the Veterinary Clinic had some view blockage and also would be happy to provide additional signage for the area. Mr. Freeman stated that VIVA Retirement Living Corp. was more than happy to work with residents, Council and staff as they go forward with the development. 3 Citqoo Planning & Development Committee Meeting Minutes Monday, November 2, 2009 7:30 pm - Council Chambers 35 Chair: Councillor McLean (III) PART `B' - PLANNING.& DEVELOPMENT REPORTS 1. Director, Planning &Development, Report PD 31-09 Pickering Official Plan -Informational Revision 16 (Housekeeping Matters) RECOMMENDATION Moved by Councillor Johnson Seconded by Councillor Pickles 1. That Report PD 31-09 of the Director, Planning & Development regarding Informational Revision 16 (Housekeeping Matters) for inclusion in Edition 6 of the Pickering Official Plan be received; and 2. Further, that the Informational Revision 16 of the Director, Planning & Development, as set out in Appendix I to Report PD 31-09, be adopted for inclusion in Edition 6 of the Pickering Official Plan. CARRIED AS AMENDED LATER IN THE MEETING (See Following Motion) Moved by Councillor Dickerson Seconded by Councillor Littley That Item #2 of the main motion be amended to reflect the following: That Informational Revision 16 to the Pickering Official Plan of the Dir, g 0 ector, Planning & Development, as set out in Appendix I to Report PD 31-09, be amended by tabling #4 regarding Map 14, Brock Industrial Neighbourhood. CARRIED The main motion, as amended, was then CARRIED. (III) ADJOURNMENT The meeting adjourned at 8:45pm. 4 l CZry Special Council Meeting Minutes Monday, November 9, 2009 6:45 pm 3 6 Main Committee Room PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R.Johnson J. O'Connell D. Pickles ABSENT: B. Littley B. McLean ALSO PRESENT: T. Melymuk - (Acting) Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer A. Allison - City Solicitor D. Wilcox - City Clerk (1) DISCLOSURE OF INTEREST There were no disclosures noted. Resolution # 262/09 Moved by Councillor Dickerson Seconded by Councillor Johnson That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and 1 Croy 00 _ Special Council Meeting Minutes Monday, November 9, 2009 PICKERING 6:45 pm Main Committee Room 37 litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. CARRIED (II) IN CAMERA MATTERS 1. Memorandum from the City Solicitor to the Chief Administrative Officer dated November 6, 2009 regarding 1105-1163 Kingston Road Brookdale Centre Inc. General discussion ensued on this matter. Refer to the In Camera minutes of November 9, 2009 under the custody and control of the City Clerk. Moved by Councillor Dickerson Seconded by Councillor Johnson Resolution #263/09 That the recommendations as contained in the Confidential Minutes of November 9, 2009, be adopted. CARRIED 2. Verbal Update from the City Solicitor with respect to an Appeal of Draft Plan of Subdivision SP-2008-01 and Zoning By-law Amendment A 01/08, Mattamy (Brock Road) Limited Part Lots 17 & 18, Concession 3, City of Pickering General discussion ensued on this matter. Refer to the In Camera minutes of November 9, 2009 under the custody and control of the City Clerk. Moved by Councillor Dickerson Seconded by Councillor Johnson Resolution #264/09 2 Caq Special Council Meeting Minutes Monday, November 9, 2009 PIM 6:45 pm 38 Main Committee Room That the recommendations as contained in the Confidential Minutes of November 9, 2009, be adopted. CARRIED Moved by Councillor Dickerson .Seconded by Councillor Johnson That Council rise and ratify the actions taken at the In Camera session. CARRIED (III) CONFIRMATION BY-LAW By-law Number 6997/09 Councillor Dickerson, seconded by Councillor Johnson moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Special Meeting of November 9, 2009. CARRIED (IV) ADJOURNMENT Moved by Councillor Dickerson Seconded by Councillor Johnson That the Special. Meeting of Council be adjourned. CARRIED The meeting adjourned at 7:21 pm. 3 l Ctr.! Special Council Meeting Minutes Monday, November 9, 2009 6:45 pm Main Committee Room` 39 DATED this 9th day of November, 2009 J MAYOR DAVID RYAN DEBI A. WILCOX CITY CLERK 4 Caq 00 Executive Committee PICKEP Meeting Minutes Monday, November 9, 2009 7:30 pm - Council Chambers 40 Chair: Councillor Pickles PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R.Johnson J. O'Connell D. Pickles ABSENT: B. Littley B. McLean ALSO PRESENT: T. Melymuk - (Acting) Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer D. Wilcox - City Clerk K. Thompson - Manager, By-law Enforcement Services (1) DISCLOSURE OF INTEREST There were no disclosures noted. (II) DELEGATIONS There were no delegations. (III) MATTERS FOR CONSIDERATION 1. Director, Corporate Services & Treasurer, Report CS 42-09 Solemnization of Marriages RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor Johnson 1 c~ Executive Committee PICXEMG Meeting Minutes Monday, November 9, 2009 7:30 pm - Council Chambers 41 Chair: Councillor Pickles 1. That Report CS 42-09 of ' the Director, Corporate Services & Treasurer be received; 2. That the City Clerk or the Clerk's designate, be authorized to undertake, at their discretion, the performance of a civil marriage ceremony at locations and times outside the parameters set out in By-law 6605/05; 3. That the attached draft by-law be. forwarded to Council authorizing the City Clerk and the appropriate delegated person(s), as permitted, to solemnize civil .marriages as provided in the Marriage Act and Regulations thereto; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CARRIED 2. Director, Corporate Services & Treasurer, Report CS 43-09 Application for Variance to Sign By-law 2493/87, as amended -Snap Fitness, 631 Kingston Road RECOMMENDATION Moved by Councillor O'Connell Seconded by Mayor Ryan THAT the application for variance to Sign By-law 2439/87, as amended, submitted by Kathi Hall on behalf of Snap Fitness, for property municipally known as 631 Kingston Road, be denied. CARRIED 3. Memorandum from the City Clerk Pickering Animal Services Shelter Arrangement Update Moved by Mayor Ryan Seconded by Councillor O'Connell That the memorandum, from the City Clerk regarding Pickering Animal Services Shelter Agreement Update be received for information. CARRIED 2 Executive Committee ~ 1. 31 M.CKEMG 1 ' Meeting Minutes Monday, November 9, 2009 7:30 pm - Council Chambers 42 Chair: Councillor Pickles 4. Director, Corporate Services & Treasurer, Report CS 14-09 Updated Sign By-law General discussion ensued on this matter. RECOMMENDATION Moved by Councillor Mayor Ryan Seconded by Councillor Dickerson 1. That Report CS 14-09 of the Director, Corporate Services & Treasurer be received; 2. That the proposed sign by-law, as amended, included as Attachment #1, providing regulations for signs erected within the City of Pickering, be enacted as amended to reflect the following: • Deletion of Section 63(7) to the proposed sign by-law, relating to the number of election signs allowed on a single property; • Deletion of Section 63(8) to the proposed sign by-law, relating to the erection of election signs in close proximity to polling stations on election day. • 64(1) No person shall erect a flag other than a flag bearing the crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable or fraternal organization. • 41(8) Notwithstanding section 38, a maximum of 4 licences for portable signs may be issued concerning an individual business or service in any calendar year provided at least 30 days have elapsed since the expiry of the last portable sign licence and the sign has been removed; 3. That the minor housekeeping revisions on Special Sign Districts and other types of sign provisions as outlined in the memorandum dated November 3, 2009 from the Manager, By-law Enforcement Services be incorporated into the proposed sign by-law; and 4. Further, that the appropriate staff of the City of Pickering be given the authority to give effect thereto. CARRIED 3 c-tq Executive Committee FICKERE `QG Meeting Minutes Monday, November 9, 2009 7:30 pm - Council Chambers 3 Chair: Councillor Pickles- (IV) OTHER BUSINESS a) Councillor Dickerson referenced CAO Correspondence 36-09 with respect to the Pickering Bicentennial. He noted that the memorandum should reflect `developing a Pickering Bicentennial logo contest', not 'developing and initiating'. (V) ADJOURNMENT The meeting adjourned at 7:50 pm. 4 C[tq O~ 44 PICKERING November 16, 2009 DELEGATIONS 1. Cathy Grant, CEO Paul Savel, Chair Pickering Public Library Re: Annual Report 2. Maurice Brenner Re: Notice of Motion Accessibility in Pickering City O~ November 16, 2009 45 PICKERI CORRESPONDENCE Pages 1. CORR. 104-09 Motion for Direction SHELLEY MELANSON, CHAIRPERSON 47-48 CANADIAN FEDERATION OF STUDENTS 900-180 Bloor Street West Toronto, ON M5S 2V6 Letter received from Shelley Melanson, Chairperson, Canadian Federation of Students, calling on municipalities to take immediate action to address the current housing crisis by way of introducing resolutions that will declare an immediate moratorium on evictions and the sale of public housing units, ensure the replacement of all shelter beds lost due to closures and funding cutbacks and to call on the provincial government to dedicate new funding to a province- wide housing strategy. 2. CORR. 105-09 Motion for Direction DAVID KOWCH 49-50 MEMBER SERVICES COUNSELLOR CANADIAN FEDERATION OF INDEPENDENT BUSINESS 4141 Yonge St., Suite 401 Toronto, ON M2P 2A6 Letter received. from David Kowch, Member Services Counsellor, Canadian Federation of Independent Business to the Chair of the Alcohol and Gaming Commission requesting the results of the review of the regulations pertaining to the serving of liquor in licensed establishments. The inquiry is with respect to the business operating as the Bear and Firkin at 1-1550 Kingston Road in Pickering. 3. CO RR. 106-09 Motion to Approve EVELYN SMITH, PRESIDENT 51 ROTARY CLUB OF PICKERING P.O. Box 7 Pickering, ON L1V 2R2 Letter received from Evelyn Smith, President, Rotary Club of Pickering, requesting permission for the Ribfest to be held on June 4, 5 and 6, 2010 at the Esplanade Park in Pickering. 46 4. CORR. 107-09 Motion to Declare MARISA CARPINO 52 SUPERVISOR, CULTURE & RECREATION CITY OF PICKERING One The Esplanade Pickering, ON L1V 61<7 Memorandum received from Marisa Carpino, Supervisor, Culture & Recreation, requesting the City of Pickering proclaim various cultural celebrations on behalf of the Advisory Committee on Race Relations & Equity in the months of November and December. i Canadian - - Federation C of Students RF§ Federation canadienne r`'_,, des etudiant(e)s - V, D--o0PY-oiBCULA',TE_. T,6 ~14 7 COUNCIL r ':nFFSSERV OFFICE SUSTA DEV CLERK ; October 28, 2009 EMERC LEGAL _ t?t REC tilJ1P.w1R.F4 Mayor David Ryan ; - C~. ST C,1, E` The Corporation of the City of Pickering , E <AL)v ' One The Esplanade Pickering, ON L1 V 6K7 x. N 10 1° 4 70 RE: Open Letter to address the housing crisis Dear Sir: I am writing to you on behalf of the more than 300,000 college and university students who are members of the Canadian Federation of Students-Ontario, to call on your municipality to take immediate steps to address the crisis in public housing in Ontario. Homelessness and the lack of affordable public housing are affecting thousands of families across Ontario. After riding the tails of a. strong economy and booming housing market during the last decade, many people in Ontario have been hit hard by the recent recession. Thousands of jobs have been lost and people are finding it even harder to find adequate and affordable housing. Not only has it been harder for thousands of people to make ends meet, but homelessness' has grown dramatically, as an extreme consequence. In recent years, evictions have soared because of the decreasing affordability of housing in the Ontario. Almost 67,000 households faced evictions in 2006 in the province - a figure that has most likely risen since the beginning of the recession. That is equivalent to more than 260 households for every working day of the year. The alarming number of evictions has considerable short.and long-term impacts on these households. One-third of these families end up in shelters and another one-third become part of the "hidden homeless" - those who find short-term shelter with friends or family. Sales of public housing units have become a disturbing trend in the province. Despite the sale of housing units by the municipalities in the province, there are almost 130,000 households on public housing waiting lists throughout the province. The large proportion of this number is concentrated in the medium to larger-sized municipalities in the province. If public housing units are not expanded, it will take several years to decades for people on these waiting lists to obtain housing. Canadian Federation of Students-Ontario Federation canadienne des etudiantes et 6tudiants Ontario 900 - 180, rue Bloor Street West / Ouest • Toronto, Ontario • M5S 2V6;°t, y y. Telephone / Telephone: (416) 925-3825 • Fax / Telecopieur: (416) 925-6774 • www.cfsontario.ca Municipalities across Ontario are also faced with an increasing number of people relying on shelters. For example, over 8,500 people stay in shelters annually in Ottawa, while over 3,500 people in Hamilton and 1,300 people in Sault Ste. Marie rely on shelters each year. In Toronto, the number has reached 30,000 and those sleeping in shelters each night had more than tripled from 1990 to 2006 in the city. While demand is up, cities across the province have been reducing the number of shelter beds available. Canadian Federation of Students-Ontario is calling upon municipalities across Ontario to introduce council resolutions that will declare an immediate moratorium on evictions and the sale of public housing units. In addition, students are calling on municipalities to introduce council resolutions ; that will ensure the replacement of all shelter beds lost due to closures and funding cutbacks over the past 2 years. Finally, students are calling on municipalities to call on the provincial government to dedicate new funding to a province-wide housing strategy. We urge you to take immediate action to address the current crisis and the damaging effects of social cutbacks on the most vulnerable people in our province. We look forward to hearing back about your municipality's commitment to ending the housing crisis and any concrete actions taken to do so. Sincerely, Shelley Melanson Chairperson Canadian Federation of Students-Ontario 2 of 2 i CF1B CANADIAN FEDERATION OF INDEPENDENT BUSINESS-4 I 4141 Yonge Street, Suite 401 Toronto, Ontario M2P 2A6 Co24?, 0,5 -09 October 22nd, 2009 David C. Gavsie Chair of the Alcohol and Gaming Commission 90 Sheppard Avenue East, Suite 200 Toronto, Ontario M2N OA4 Dear Mr. Gavsie The Canadian Federation of Independent Business (CFIB) represents over 42,000 small and medium-sized businesses in Ontario, of those, over 2,000 are in the food & hospitality sector. A long-term CFIB member has recently contacted us to raise a serious concern regarding section 48 of Ontario Regulation 719/90, which interpretation and enforcement by different liquor inspectors is having a negative impact on business. The liquor licence of the Bear and Firkin at 1-1550 Kingston Road in Pickering Ontario covers both the main restaurant and the patio which is used as a licensed smoking area as well as a service area in the summer. For the past 11 years there has not been an issue with liquor crossing the walkway which separates the main restaurant and patio until September 30`h, 2009. It was at this time when the assigned liquor inspector approached the night manager and informed him that the interpretation of section 48 of Ontario Regulation 719/90 has changed, and as of that moment no alcohol can pass over that walk-way, regardless of whether it is carried by a server or'not. Since September 30th, the owner of the Bear and Firkin, James Picton, has not been able to serve alcoholic drinks to the patio which has resulted in loss of business and revenue. Recently, James Picton has informed CFIB that the AGCO is currently reviewing the interpretation of section 48 of Ontario Regulation 719/90: and its e negative implications to numerous businesses in similar situations. CFIB is encouraged the AGCO is taking pro-active measures to resolve this issue, so that normal business operations at the Bear & Firkin could be restarted. As such, CFIB is interested in knowing the results of the AGCO review of section 48 of Ontario Regulation 719/90 and how it will affect our membership in the food and hospitality sector. 3 6 { dvere" -Entrep~eneurs_ r 1~ n 1 l"ylofl on 2 -50 Sincerely, Original signed by David Kowch Member Services Counsellor CC: Honourable Ted McMeekin Minister of Consumer.Serv ices CC: Plamen Petkov Senior Policy Analyst, CFIB i ^'J`J X'T-M (LH NUIR11H d "Service Above Self" ww D - P.O. Box 7, Pickering, Ontario L1V 2192 Tel: 416.565.4160 www.rotary-pickering.org ~f.., 51 Seper1brr'~z2009 7 7, His Worship Mayor Dave Ryan and The Council of the City of Pickering r The City Hall 1 The Esplanade Pickering, ON. L1V 6K7 Ribfest June 4,.5 and 6 , 2010 at the Esplanade Park : Permission The Rotary Club of Pickering and the Rotary Club of Ajax would like to express their sincere thanks and gratitude to Mayor Ryan and the Council of the City of Pickering for their enormous help for a very successful Ribfest held at the Esplanade Park on June 5, 6 and 7, 2009. The. two Rotary Clubs wish to do the same, rather more and bigger, again next year. The plan is to draw over 50,000 people and get more sponsors. There will be about 7 ribbers, added features in live music, more carnival game for the children, etc. It will be an even bigger family event for the whole community. The Rotary Club of Pickering humbly requests the Mayor and the Council of the City of Pickering for their kind and gracious permission for the Ribfest to be held on June 4 (Friday), June 5 (Saturday) and June ~ (Sunday), in the year 2010, at the Esplanade Park in Pickering. We also humbly request that the dates be reserved for holding the Ribfest with a right of first refusal to the Rotary Club of Pickering. Thank you very much in advance for your kind consideration. Yours truly i Evelyn Smith "CUD President Rotary Club of Pickering: txov I to Oct re MoFion +a A► ~ 52 I. ,I ~VFF-• Zb~'O~j. I I DICKERING MEMO To: Debi Wilcox October 26, 2009 City Clerk From: Marisa Carpino Supervisor, Culture & Recreation Copy: Chair, Pickering Advisory Committee on Race Relations & Equity Chief Administrative Officer (Acting) Chief Administrative Officer Director, Operations & Emergency Services Division Head, Culture & Recreation Members, Pickering Advisory Committee on Race Relations & Equity Subject: Proclaim Cultural Celebrations A-1400-005-09 On behalf of the Pickering Advisory Committee on Race Relations & Equity, please accept this memorandum as a formal request that the City of Pickering proclaim the following: Eid al-adha begins November 27 to November 30, 2009 (Islamic, Muslim) Chanukah begins sunset December 11, 2009 to sunset December 19, 2009 (Jewish) Christmas on December 25, 2009 (Christian, Roman Catholic, International) Kwanzaa begins December 26, 2009 to January 1, 2010 (African-Canadian, African- American, Pan-African) The City of Pickering is among the most diverse in the Durham Region and many of our ethnic and faith groups will be celebrating these significant events. As such, the Pickering Advisory Committee on Race Relations & Equity would to formally recognize these significant holiday celebrations taking place in November & December. Banners describing the holiday celebrations will be on display in the Lobby of the Pickering Civic Complex beginning November 23, 2009. The banners will be accompanied by symbolic images that help tell the story. We invite members of the public to come in and learn about the cultural and/or religious celebrations of others in our community. TR!!YAI C-D u Visit our website at cityofpickering.com for more information or to find related events happening in our community. :mc ll~v • l~fti ~ plT CORR. FILE ~ ~ c9n ~ ~ TAKE APPR. ACT1%0N city O~ November 16, 2009 S 3 TICKERI G COMMITTEE REPORTS a) REPORT PD 2009-10 OF THE PLANNING & DEVELOPMENT COMMITTEE P & D PAGES BLUE 1. Director, Planning & Development, Report PD 31-09 16-34 Pickering Official Plan -Informational Revision 16 (Housekeeping Matters) RECOMMENDATION 1. That Report PD 31-09 of the Director, Planning & Development regarding Informational Revision 16 (Housekeeping Matters) for inclusion in Edition 6 of the Pickering Official Plan be received; and 2. Further, that the Informational Revision 16 of the Director, Planning & Development, as set out in Appendix I to Report PD 31-09, be adopted for inclusion in Edition 6 of the Pickering Official Plan save and except tabling #4 regarding Map 14, Brock Industrial Neighbourhood. Cttqo¢ 5 4 AL A., November 16, 2009 PICKERING COMMITTEE REPORTS b) REPORT EC 2009-09 OF THE EXECUTIVE COMMITTEE EXECUTIVE PAGES YELLOW 1. Director, Corporate Services & Treasurer, Report CS 42-09 1-4 Solemnization of Marriages RECOMMENDATION 1. That Report CS 42-09 of the Director, Corporate Services & Treasurer be received; 2. That the City Clerk or the Clerk's designate, be authorized to undertake, at their discretion, the performance of a civil marriage ceremony at locations and times outside the parameters set out in By-law 6605/05; 3. That the attached draft by-law be forwarded to Council authorizing the City Clerk and the appropriate delegated person(s), as permitted, to solemnize civil marriages as provided in the Marriage Act and Regulations thereto; 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 2. Director, Corporate Services & Treasurer, Report CS 43-09 5-9 Application for Variance to Sign By-law 2493/87, as amended -Snap Fitness, 631 Kingston Road RECOMMENDATION THAT the application for variance to Sign By-law 2439/87, as amended, submitted by Kathi Hall on behalf of Snap Fitness, for property municipally known as 631 Kingston Road, be denied. 3. Director, Corporate Services & Treasurer, Report CS 14-09 11-113 Updated Sign By-law RECOMMENDATION 1. That Report CS 14-09 of the Director, Corporate Services & Treasurer be received; 55 = 2. That the proposed sign by-law, as amended, included as Attachment #1, providing regulations for signs erected within the City of Pickering, be enacted as amended to reflect the following: • Deletion of Section 63(7) to the proposed sign by-law, relating to the number of election signs allowed on a single property; • Deletion of Section 63(8) to the proposed sign by-law, relating to the erection of election signs in close proximity to polling stations on election day. • 64(1) No person shall erect a flag other than a flag bearing the crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable or fraternal organization. • 41(8) Notwithstanding section 38, a maximum of 4 licences for portable signs may be issued concerning an individual business or service in any calendar year provided at least 30 days have elapsed since the expiry of the last portable sign licence and the sign has been removed; 3. That the minor housekeeping revisions on Special Sign Districts and other types of sign provisions as outlined in the memorandum dated November 3, 2009 from the Manager, By-law Enforcement Services be incorporated into the proposed sign by-law; and 4. Further, that the appropriate staff of the City of Pickering be given the authority to give effect thereto. 1 Cif o¢~ 5 6 PICKERI G November 16, 2009 NOTICE OF MOTION Councillor O'Connell and Councillor Dickerson gave notice that they will at this meeting of Council be presenting a motion as follows: a) ACCESSIBILITY IN PICKERING WHEREAS The Accessibility for Ontarians with Disabilities Act, 2005 Part V11 requires every Municipal Council with a population greater than 10,000 persons to work together to develop and implement accessibility standards including the establishment of an accessibility advisory committee; and that WHERE AS Section 29 (4) requires that the committee shall, (a) Advise the council about the requirements and implementation of accessibility standards and the preparation of accessibility reports and such other matters i for which the council may seek its advice under subsection (5); (b) Review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects; and (c) Perform all other functions that are specified in the regulations. 2005, c. 11, s.29(4). WHEREAS Section 29 (5) The council shall seek advice from the committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (a) That the council purchases, constructs or significantly renovates; (b) For which the council enters into a new lease; or (c) That a person provides as municipal capital facilities under an agreement entered into with the council in accordance with section 110 of the Municipal Act, 2001 or section 252 of the City of Toronto Act, 2006. 2005, c. 11, s. 29 (5); 2006, c. 32, Sched. C, s. 1. WHEREAS On July 14, 2009, the Ontario government released the initial proposed Accessible Built Environment Standard for a public review period. It aims to break down barriers in buildings and other structures for people with disabilities by proposing requirements in areas such as: o Entrances, doorways and ramps o Parking spaces o Signs and displays 0 Recreation, such as parks and trails. 57 WHEREAS Under the Act, a "barrier" means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice ("obstacle"); NOW THEREFOREBE IT RESOLVED that the Corporation of the City of Pickering shall lead by example and requires that (1) All future sidewalks, trails, parks and pedestrian connections with-in the City to be built fully accessible (as defined under the Act) and where not defined projects are to be reviewed by the Accessibility Advisory Committee; (2) All future sidewalks on arterial roads and highway bridges/overpasses be built with a minimum width of 1.8m; (3) Effective immediately to ensure that all pending infrastructure projects pose no barrier to those with disabilities that City of Pickering Accessibility Committee be invited to review and comment on all proposed drawings, site plans and other materials to ensure no "physical barrier, architectural barrier or technological barrier prior to being adopted by Council and or approved for tendering/construction; (4) Staff be directed to establish a standard procedure to have the Accessibility Advisory Committee's comments presented in writing to Council on any and all projects reviewed to ensure their comments are accurately represented and part of the formal reporting process. And Further that Ministry of Transportation Ontario (MTO) be requested to reconsider its decision to build sidewalks 1.5m in width on all 400 series highway bridges and overpasses. And that the MTO reconsiders its position not to have any sidewalks on some bridges/overpasses on the 407 Highway extension into Durham Region. And that a copy of this resolution be sent to the Region of Durham for endorsement. And that a copy of this resolution be sent to The Honourable Madeleine Meilleur, Minister of Community and Social Services and the Honourable Gerry Phillips, Minister of Infrastructure and The Honourable Jim Bradley, Minister of Transportation. ICI , I I PICK RING - - November 16, 2009 BY-LAWS 6998/09 Being a by-law to provide for Civic marriage Services to be offered by the City of Pickering. [Refer to Executive Page 4] 6999/09 A by-law to regulate signs in the City of Pickering. [By-law attached] .7000/09 Being a by-law to dedicate that part of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Part 8, Plan 40R- 22043, as public highway (by-law attached) 7001/09 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. (By-law attached) 59 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6999/09 A by-law to regulate signs in the City of Pickering. WHEREAS pursuant to paragraph 7 of subsection 11(3) of the Municipal Act, 2001 a lower-tier municipality may pass by-laws respecting signs; AND WHEREAS signs are necessary to advertise or identify services, businesses, locations and provide other information; AND WHEREAS, if not effectively regulated, signs may create a nuisance, affect public safety and detract from the character of the community. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Pickering enacts as follows: PART I - INTERPRETATION Objectives 1. This by-law shall be applied and interpreted in a manner consistent with the following objectives: • Reasonable means should be available to the public to erect signs on property in order to identify facilities, businesses and services located thereon. • Signs should not create any distraction or safety hazard for pedestrians or motorists, or create any other danger to the public. • Signs should not create any adverse impacts on adjacent public or private property. . • Signs should not detrimentally alter the physical appearance and architecture of any building. • Signs should not create unnecessary visual clutter due to their size, number or location. • Temporary signs should be strictly regulated in order to limit the visual impact on the built environment and the consumption of resources. -60 -Sign By-law No. 6999/09 Page 2 Definitions 2. In this by-law, "area", as it relates to a sign, means the area of the sign facing in one direction; "applicant" means an owner, or any person authorized by an owner, who applies for a permit, licence or variance; "banner" means a temporary sign of lightweight fabric, plastic or similar material; "billboard" means a sign that is fastened, posted, painted or projected in such a manner as to permit its periodic replacement and that advertises goods, products or services that are not available at the location of the sign or that directs a person to a location different from where the sign is located; "boulevard" means all parts of a highway except the roadway, shoulder and sidewalk; "Chief Building Official" means the City's Chief Building Official or a designate; "City" means The Corporation of the City of Pickering or the geographical area of Pickering, as the context requires; "City Clerk" means the Clerk of the City or a designate; "erect" includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain, and cause or permit to be-displayed, attached, affixed, posted, altered, constructed, placed, located, installed, relocated and maintained; "first storey" has the same meaning as in the building code; "height", as it relates to a sign, means the vertical distance from the ground to the highest point of the sign; "heritage conservation district" means a heritage conservation district designated under the Ontario Heritage Act; "heritage property" means property that has been designated under the Ontario Heritage Act to be of cultural heritage value or interest or a property on the City's registry of properties that the City believes to be of cultural heritage value or interest; "highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act and includes unopened and unassumed road allowances; "inflatable sign" means a temporary sign filled by air or other gas that is either designed to be airborne or tethered to the ground, a vehicle, a roof or any other structure and includes balloons; Sign By-law No. 6999/09 Page 3, 61 "licence" means a sign licence required by this by-law; "low density residential zoning" means zoning for a single detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse, mobile home, or any other residential facility housing 6 or fewer residents; "official sign" means any sign erected by, or under the direction of, a government agency and includes signs designating hospitals, schools, libraries, community centres, arenas or other public government uses and signs required under the Planning Act by the municipality to inform the public of proposed changes on the property; "owner" means the person identified in the most recent tax roll as the owner of a property or a lessee, tenant, mortgagee in possession or any other person who has care and control of a property; "permit" means a sign permit required by this by-law; "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; "portable sign" means any temporary sign readily moveable from place to place including signs commonly referred to as a-frame, t-frame, sandwich boards, signs fixed to a trailer and any type of device used or capable of being used for advertising purposes; "private property" does not include the side of a fence located on a property boundary which faces public property; "property" means a parcel of land, with or without a building or structure, that is a legal lot of record; "Region" means The Regional Municipality of Durham; "setback" means the distance between a property line and the closest portion of a sign; "sign" means any device, notice or visual medium including its structure and other component parts that is used, or is capable of being used, to attract attention to a specific subject matter for identification or advertising purposes; "Special Sign District" means a Special Sign District identified in Schedule "B"; "variance" means a variance required by this by-law; and "zone" means a land use zone prescribed in the City's zoning by-laws. Sign By-law No. 6999/09 Page 4 References to Legislation 3. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. Schedule "A" (Fees), Schedules "B1" through "139" (Special Sign Districts), and Schedule "C" (Billboard District) are attached to and form part of this by-law. 7. Unless otherwise specified, references. in this by-law to Parts, sections and Schedules are to Parts, sections and Schedules in this by-law. Conflicts 8. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. 9. Where an industrial building contains commercial uses that are permitted in an industrial category of the City's zoning by-laws, the sign requirements for a commercial zone shall apply. Measurements 10. All dimensions in this by-law are in millimetres (mm), centimetres (cm), metres (m), hectares (ha) or square metres (m2) and all plans, specifications, documents and other information submitted with any application under this by-law shall use such dimensions. Severability 11. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Sign By-law No. 6999/09 Page 5, 63 PART II - PERMITS Definitions 12. In this Part, "development sign" means a temporary sign that advertises a proposed development, but does not include a construction site information sign (section 55), a development sales office sign (section 57), or a development sales sign (section 58); "frontage" means the length of the property line of any one lot parallel to and along each legally accessible public highway; "ground sign" means a sign located on a structural base in or on the ground, but . not partof a building, and includes a pylon sign; "high density residential zoning" means zoning for a residential building other than low density residential zoning; and "wall sign" means a sign attached to a building wall and includes a canopy sign and a sign that projects from a wall. Required Permits 13. No person shall erect any ground sign, wall sign, development sign or a billboard without a permit. 14. Notwithstanding section 13, any ground sign, wall sign or development sign lawfully erected prior to the passing of this by-law shall not require a permit provided such sign has continuously remained in its location and has not been substantially altered. 15. Notwithstanding section 13, any billboard lawfully erected prior to the passing of this by-law shall not require a permit provided such billboard has continuously remained in its location, has not been substantially altered and the owner of the billboard has obtained a licence. Permit Applications 16. A permit application shall be made by the owner of the property on which the sign is to be erected or an authorized representative of the owner. 17. The Chief Building Official shall be responsible for administration of all permits. 18. All permit applications shall be filed with the Chief Building Official using the City's prescribed form. 19. Every permit application shall, 64 -.Sign By-law No. 6999/09 Page 6 (a) identify and describe in detail the proposed sign and all other signs existing on the property at the time of the application; (b) describe the property on which the proposed sign is to be erected by legal description and municipal address or by other equivalent description that will readily identify the property; (c) state the name, address, telephone numbers and facsimile numbers of the applicant and any persons designing or erecting the sign; (d) be accompanied by plans, specifications, documents and other information describing the construction, dimensions, materials and specific location of the proposed sign in sufficient detail to permit the Chief Building Official to determine whether the sign will comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (e) be accompanied by the applicable fee(s) set out in Schedule "A"; (f) include, where the applicant is not the owner of the property, an authorization for making the application from the owner; and (g) be signed by the applicant who shall certify the accuracy and truth of the contents of the application. 20. If required by the Chief Building Official, all plans and specifications covering the erection of a sign and supporting framework that are submitted as part of a permit application shall be certified by a Professional Engineer as to the structural adequacy of the sign. Special Sign Districts 21. In addition to the requirements of sections 19 and 20, every permit application for a sign in a Special Sign District shall be accompanied by scale drawings clearly showing, (a) the proposed sign materials, letter fonts and colours; (b) the proposed means of any sign illumination; and (c) in the case of a wall sign, an accurate building elevation drawing showing the size of the sign and a cross-section of the sign showing the proposed method of affixing the sign to the building. Sign By-law No. 6999/09 Page 7 65 Heritage Properties 22. (1) A permit for a sign in a heritage conservation district shall not be issued unless the sign conforms to the applicable heritage conservation district guidelines adopted by the City. (2) A permit for a sign on heritage property shall not be issued unless the applicant has met all additional requirements under the Ontario Heritage Act. Ground Signs 23. (1) Ground signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Low Density Residential Prohibited Prohibited Prohibited Prohibited Open Space System - Natural Areas High Density Residential 2 m 4 m2 1 3 m Institutional Commercial or industrial (less than 4 m 10 m2 1 per street 3 m' 30 m frontage) frontage Commercial or industrial (30 m 6 m 18 m2 1 per street 3 m frontage or more) frontage All Other Zones 3 m 6 m2 1 per street 3 m frontage (2) Notwithstanding subsection (1), no ground sign exceeding 1.5 m2 in area or 1.5 m in height shall be erected in a Special Sign District. (3) Every ground sign shall contain the municipal address number in numerals that are a minimum height of 15 cm. (4) Every ground sign shall be located on the property to which the sign relates. (5) Subject to subsection (6), a maximum of 1 ground sign shall be permitted for each street frontage on any one property. Sign By-law No. 6999/09 Page 8 .6-6(6) A second ground sign shall be permitted on a property in a commercial or industrial zone where the property fronts onto 1 street only, the street frontage is not less than 200-m, and the ground signs are not located within 100 m of each other. Wall Signs 24. (1) Wall signs shall comply with the following restrictions: Zone Max Area Max Number High Density Residential 4 m2 2 Institutional All Other Zones 15% of building face area 1 per owner/tenant per frontage (2) Notwithstanding subsection (1), no wall sign exceeding 1.5 m2 in area shall be erected in a Special Sign District. (3) ,Except as permitted by section 51 (address signs) and section 65 (home based business signs), no wall sign shall be erected in a low density residential zone. (4) A wall sign shall be located on the building face used to calculate the maximum sign area. (5) In a commercial or industrial building containing multiple tenancies, the applicable building face area for a wall sign respecting an individual tenancy shall be measured only to the limits of the tenancy demising walls adjacent to the wall on which the sign is located. (6) No wall sign shall be erected on a high density residential building other than.a sign displaying the building identification, corporate logo or similar content. (7) No wall sign shall be erected on any building that contains more than 1 storey above grade other than the first storey, the second storey, and highest story of such building. (8) No wall sign shall be erected on the second storey other than a projecting sign where the sign face is perpendicular to the building face. Sign By-law No. 6999/09 Page 9 67 (9) A wall sign erected on the highest storey of a building that is more than 2 storeys above grade shall only contain the building identification, corporate logo or similar content and shall not exceed 6 m in area. (10) A maximum of 1 wall sign may be erected on each wall face of the highest storey of a building that is more than 2 storeys above grade. Development Signs 25. (1) Development signs shall not be permitted in areas zoned "Open Space System - Natural Areas". In all other zones, development signs not exceeding 6.0 m in height and with a setback of at least 3 m shall be permitted. (2) A maximum of 1 development sign having an area not exceeding 20 m2 may be erected on each street frontage on any single development site. (3) A maximum of 2 additional development signs having an area not exceeding 10 m2 may be erected on any vacant property, outside of the development site. (4) No more than 3 development signs shall be erected in relation to any single development project. (5) A development sign shall be removed no later than 30 days after the completion of sales related to the development, or 24 months after the date the permit is issued, whichever occurs earlier. Billboards 26. (1) No billboard shall exceed an area of 20 m2. (2) No billboard shall exceed a height of 10 m. (3) No billboard shall be erected on a roof. (4) No billboard shall be located within 250 mof any other billboard. (5) Billboards shall not be permitted in any location other than within the Billboard District shown in Schedule "C. Permit Issuance 27. The Chief Building Official may approve or refuse any permit application, and may impose any conditions upon an approval as he or she determines to be appropriate. Sign By-law No. 6999/09 Page 10 ' X2.8.6 8 he Chief Building Official shall refuse to issue a permit if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Permit 29. The Chief Building Official may revoke a permit under any of the following circumstances: (a) the permit has been issued in error; (b) the sign for which the permit was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; (e) the permit holder requests that the permit be revoked; or (f) 6 months have elapsed following the date of permit issuance and the sign authorized by the permit has not been erected. PART III - LICENCES Required Licences 30. No person shall erect any portable sign, banner, inflatable sign, sidewalk sign or billboard without a licence. Licence Applications 31. A licence application shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 32. The City Clerk shall be responsible for administration of all licences. 33. All licence applications shall be filed with the City Clerk using the City's prescribed form. 34. A separate licence application is required for every sign. 35. Every licence application shall be accompanied by details of the size and location of the proposed sign and the applicable fee(s) set out in Schedule "A". Sign By-law No. 6999/09 Page. 11 36. Where a licence application is for a portable sign for an individual business in a 69 building containing multiple tenants, the application must include written permission from the owner or the owner's authorized representative consenting to the placement of the portable sign. General Licence Requirements 37. All licences shall expire on the date indicated on the licence. 38. A maximum of 1 licence may be issued concerning any individual business or service in any calendar year. 39. A maximum of 1 licence may be issued for a single property at any one time, irrespective of the number of business tenancies located on the property. 40. No licence shall be issued on any heritage property. Portable Signs 41. (1) Portable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Residential Prohibited Prohibited Prohibited Prohibited Special Sign Districts Open Space System - Natural Areas Other Zones 2 m 4 mZ 1 3 m (2) Every portable sign shall be located on the property to which the sign relates. (3) In the case of corner lots, no portable sign shall be located less than 15 m from the inside curb at the point of intersection of the 2 streets. (4) Portable signs may be illuminated but shall not incorporate electronic message displays, any moving parts, flashing lights or fluorescent materials. (5) Lettering used on a portable sign shall not be greater than 0.2 m in height. (6) No portable sign shall be capable of being connected to a power supply without written Electrical Safety Authority approval. (7) A licence for a portable sign shall be valid for a period of not more than 30 days, after which the sign shall be immediately removed. Sign By-law No. 6999/09 Page 12 701 (8) Notwithstanding section 38, a maximum of 4 licenses for portable signs may be issued concerning an individual business or service in any calendar year provided at least 30 days have elapsed since the expiry of the last portable sign license and the sign has been removed. Banner and Inflatable Sign Restrictions 42. (1) Banners and inflatable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Residential Prohibited Prohibited Prohibited Prohibited Special Sign Districts Open Space System - Natural Areas All Other Zones 6.0 m . 10 mz 1 3 m (2) Every banner or inflatable sign shall be located on the property to which . the sign relates. (3) A banner or inflatable sign shall be securely affixed to the exterior wall or roof of a building, or to the ground. (4) A licence for a banner or inflatable sign shall be valid for a period of not more than 14 days, after which the sign shall be immediately removed. Sidewalk Signs 43. (1) In this section, "sidewalk sign" means a freestanding temporary sign not affixed to the ground advertising a business and installed immediately in front of the business on private property or on the sidewalk. (2) Sidewalk signs shall not exceed a height of 1.0 m or a width of 0.6 m. (3) Sidewalk signs shall not be permitted in any location other than within a Special Sign District. (4) A sidewalk sign shall be installed immediately in front of the business to which it pertains, and shall only be erected during the hours of operation of the business. (5) A sidewalk sign may be located on a public sidewalk provided a minimum of 1.5 m of unobstructed sidewalk space is maintained. (6) A maximum of 1 licence for a sidewalk sign may be issued to an owner. Sign By-law No. 6999/09 Page 13 (7) A licence for a sidewalk sign shall be valid for a period of 1 year. 71 Billboards 44. (1) No licence shall be issued for a new billboard unless a permit has been issued for such billboard. (2) A licence for a billboard shall be valid for a period of 1 year. Licence Issuance 45. The City Clerk may approve or refuse any licence application, and may impose any conditions upon an approval as he or she determines to be appropriate. 46. The City Clerk shall refuse to issue a licence if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Licence 47. The City Clerk may revoke a licence under any of the following circumstances: (a) the licence has been issued in error; (b) the sign for which the licence was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; or (e) the licence holder requests that the licence be revoked. PART IV - SIGNS EXEMPT FROM PERMITS AND LICENCES Permitted Signs 48. Signs described in this Part shall be permitted without a permit or licence provided all restrictions in this by-law applicable to the signs have been complied with. Sign By-law No. 6999/09 Page 14 Community Event Signs 49. (1) In this section, "community event sign" means a temporary sign that advertises a public event organized for a non-profit, civic, cultural, religious or recreational purpose. (2) No person shall erect a community event sign closer than 100 m to another community event sign advertising the same community event. (3) No person shall erect a community event sign more than 14 days prior to the event. (4) No person shall erect a community event sign at any location other than entirely on private property or on a boulevard. (5) No person shall permit a community event sign to remain erected after the day of the event. (6) No person shall erect a community event sign that is more than 1.5 m2 in area. Filming Location Signs 50. (1) No person shall erect a filming location sign unless the person has received a filming permit from the City. (2) No person shall erect a filming location sign that is more than 1.0 m2 in area. (3) No person shall erect a filming location sign other than at a location that is approved in a filming permit. (4) No person shall erect a filming location sign at any location other than entirely on private property or on a boulevard. (5) No person shall erect a filming location sign other than while the film is in production. Garage Sale Signs 51. (1) No person shall erect a garage sale sign that is more than 1.0 m2 in area. (2) No person shall erect a garage sale sign at any location other than entirely on private property or on a boulevard. (3) No person shall erect a garage sale sign more than 3 days prior to the day of the sale. Sign By-law No. 6999/09 Page 15 (4) No person shall permit a garage sale sign to remain erected after the day 73 of the sale. Open House Signs 52. (1) No person shall erect a sign that advertises the location of an open house that is more than 1.0 m2 in area. (2) No person shall erect an open house sign at any location other than entirely on private property or on a boulevard. (3) No person shall erect a sign that advertises the location of an open house at a time other than while the house is open for public inspection. Real Estate Signs 53. (1) In this section, "real estate sign" means a temporary non-illuminated sign erected to advertise that land, a building or portion of a building is offered for sale or rent. (2) No person shall erect a real estate sign that is more than 1.0 m2 in area in a residential or open space zone, or more than 2.5 m2 in area in any other zone. (3) No person shall erect a real estate sign at any location other than entirely on private property. (4) No person shall erect more than 1 real estate sign on any single property. (5) Notwithstanding subsection (4), 2 real estate signs may be erected on separate street frontages if the property is at least 0.5 ha in size. Address Signs 54. (1) In this section, "address sign" means a sign that depicts the personal or building identification and street address of the property on which the sign is located. (2) No person shall erect an address sign in a low density residential zone that is more than 0.2 m2 in area. (3) No person shall erect an address sign in any area that is zoned for uses other than low density residential that is more than 0.4 m2 in area. (4) No person shall erect an address sign at any location other than entirely on private property. (5) No person shall erect an address sign that contains promotional or advertising content. Sign By-law No. 6999/09 Page 16 74 (6) This section shall not apply to any address sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Construction Information Signs r 55. (1) In this section, "construction information sign" means a sign advertising construction and may include the name of the project, the architect, engineer, and other firms associated with the project. (2) No person shall erect a construction information sign unless the person has either entered into a site plan agreement with the City or the_ City has issued a building permit or a topsoil and fill permit for the construction. .(3) No person shall erect a construction information sign except on a temporary fence or other physical barrier around the construction site to which the sign pertains or on private property at the construction site location. (4) No person shall erect a construction information sign that is more than 6 m in height-or 10 m2 in area. (5) Notwithstanding subsection (4), no person shall erect a construction information sign that is more than 3 m in height or 4 m2 in area in a low density residential area. (6) No person shall erect a construction information sign more than 30 days prior to construction commencing. (7) No person shall permit a construction information sign to remain erected 30 days after the construction has been completed or discontinued. Model Home Signs 56. (1) No person shall erect a model home sign that is more than 2.0 m2 in area. (2) No person shall erect a model home sign at any location other than on a lot containing the model home. Development Sales Office Signs 57. (1) In this section, "development sales office sign" means a sign erected on a temporary sales office where new homes and other developments are marketed to the public. (2) No person shall erect a development sales office sign except on or immediately surrounding a temporary sales office. Sign By-law No. 6999/09 Page 17 75 (3) No person shall erect a development sales office sign except where it has been shown on permit application documents and authorized by the City through issuance of a building permit. Development Sales Signs 58. (1) In this section, "development sales sign" means a sign directing people to a temporary sales office where new homes and other residential developments are marketed to the public. (2) No person shall erect a development sales sign that is more than 1.5 m2 in area. (3) No person shall erect a development sales sign at any location other than entirely on private property or, on a boulevard. (4) No person shall erect a development sales sign within 500 metres of any other development sales sign being used to direct attention to the same temporary sales office. (5) No person shall permit a development sales sign to remain erected in its original location, or within 500 metres of its original location, for a total of more than 72 hours (excluding statutory holidays) during any consecutive 7-day period. Directional Signs 59. (1) In this section, "directional sign" means a sign that is intended solely for public information, safety or convenience in directing persons or traffic. (2) No person shall erect a directional sign that is more than 1.5 m2 in area. (3) No person shall erect a directional sign at any location other than entirely on private property. (4) No person shall erect a directional sign unless the sign has no promotional or advertising content. (5) This section shall not apply to any directional sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Directory Signs 60. (1) In this section, "directory sign" means a sign for a building containing multiple occupancies. (2) No person shall erect a directory sign that is more than 1 m2 in area. Sign By-law No. 6999/09 Page 18 T 3) No person shall erect a directory sign at any location other than entirely on private property. (4) No person shall erect more than 1 directory sign at each access point from a highway to the building. (5) This section shall not apply to any directory sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Menu Boards 61. (1) In this section, "menu board" means a sign erected as part of a drive- through facility and used to display and order products and services available at the drive-through business. (2) No person shall erect a menu board that is more than 4 m2 in area. (3) No person shall erect a menu board at any location other than entirely on private property. (4) No person shall erect more than 1 menu board on any single property. (5) This section shall not apply to any menu board lawfully erected prior to the passing of this by-law provided such menu board has continuously remained in its location and has not been substantially altered. Farm Signs 62. (1) In this section, "farm sign" means a sign advertising the sale of farm produce grown or produced on the property where the sign is located. (2) No person shall erect a farm sign that is more than 1.5 m2 in area. (3) No person shall erect a farm sign at any location other than entirely on private property. ~ (4) No person shall erect more than 1 farm sign on a single property. Sign By-law No. 6999/09 Page 19 77 Election Signs 63. (1) In this section, "election sign" means a sign promoting the election of a candidate in a federal, provincial or municipal election, including an election to a local board or commission, a sign that is intended to influence individuals to vote for or against any candidate or any question or by-law submitted to electors under section 8 of the Municipal Elections Act, 1996, but does not include a wall sign associated with a candidate's headquarters. (2) No person shall erect an election sign that is more than 1.5 m2 in area. (3) No person shall erect an election sign at any location other than entirely on private property or on a Regional road in accordance with the Region's sign by-law. (4) No person shall erect a sign for a federal or provincial election prior to the day the writ of election is issued. (5) No person shall erect a sign for a municipal election until 25 days in advance of the last polling day for the election. (6) No person shall permit an election sign to remain erected more than 3 days after the last polling day for the election. Flags 64. (1) No person shall erect a flag other than a flag bearing the crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable or fraternal organization. (2) No person shall erect a flag that is more than 2.0 m2 in area. (3) No person shall erect a flag at any location other than entirely on private property. (4) No person shall erect more than 3 flags on a single property. Interior Signs 65. (1) In this section, "interior sign' means a sign in the interior of a building that is intended to be seen outside of the building and includes a window sign. (2) No person shall erect an interior sign unless it is erected in a window on the first storey of a building zoned for office, commercial or industrial uses. (3) No person shall erect an interior sign that exceeds 20% of the total window area on the first storey of the building. Sion By-law No. 6999/09 Page 20 i Home Improvement Signs 66. (1) In this section, "home improvement sign" means a sign advertising or promoting landscaping, home repairs or home renovations. (2) No person shall erect a home improvement sign that is more than 1.0 m2 in area. (3) No person shall erect a home improvement sign at any location other than entirely on private property where the home improvement is being undertaken. (4) No person shall erect a home improvement sign more than 2 days prior to the commencement of the home improvement project. (5) No person shall permit a home improvement sign to remain erected for a total of more than 90 days. No Trespassing Signs 67. (1) No person shall erect a "No Trespassing" sign that is more than 0.3 m2 in area. (2) No person shall erect a "No Trespassing" sign at any location other than entirely on private property. Home Based Business Signs 68. (1) No person shall erect a home based business sign unless a home based business licence has been issued by the City. (2) No person shall erect a home based business sign that is more than 0.2 m2 in area. (3) No person shall erect a home based business sign in any location other than entirely on private property in a low density residential zone. (4) No person shall erect a home based business sign unless no other sign is erected on the property. (5) No person shall erect a home based business sign that is internally illuminated. Posters 69. (1) In this section, "fixture" means any structure that the City permits to be located within a boulevard including a utility box, newspaper vending box, bench, transit Sign By-law No. 6999/09 Page 21 79 shelter, telephone box, telephone booth, transformer box or _ vault, telephone pole, hydro pole, streetlight, stoplight pole, recycling. waste module, mailbox, tree and street sign; and "poster" means a printed notice conveying information intended to be displayed for a temporary period of time and includes a bill, handbill, leaflet and placard. (2) No person shall erect a poster on a fixture. (3) No person shall erect a poster on a motor vehicle. Gas Station Canopies 70. (1) No person shall erect a sign under a gas station canopy that is more than 1.0 m2 in area. (2) No person shall erect a sign on a gas station canopy that contains anything other than corporate identification of the owner or operator of the gas station. PART V - GENERAL RESTRICTIONS Restrictions Applicable to All Signs 71. No person shall erect any sign, (a) that does not comply with any provision of this by-law; (b) that does not comply with any condition of a permit, licence or variance; (c) that advertises a use not permitted by the zoning by-law applicable to the property on which the sign is located; (d) without a permit if a permit is required; (e) without a licence if a licence is required; (f) on or over, or partly on or over, public property or any part of a highway without the City's approval unless the sign is expressly permitted by this by-law to be erected on a sidewalk or a boulevard; (g) on or over, or partly on or over a driveway; (h) within 3 m of a driveway at the streetline; (i) within 15 m of a traffic light; Sign By-law No. 6999/09 Page 22 on a walkway or other means of egress on private property unless there is a minimum of 1.5 m of unobstructed footpath space between the sign and the nearest structure; (k) that projects less than 2.4 m above the walking surface of a pedestrian walkway; (1) that pertains to a past event or purpose that no longer applies; (m) that is structurally faulty, has broken, displaced or missing parts, is crookedly displayed, contains lettering that is no longer fully legible, or is otherwise not maintained properly; (n) on a roof or projecting in whole or in part above the roof, eaves or parapet of a building; (o) in a location that obstructs the view of any pedestrian or motorist so as to cause an unsafe condition; (p) that interferes with, or obstructs the view of, an authorized traffic sign, traffic signal or official sign; (q) located within a visibility triangle formed by the intersection of the street line and a driveway line, or the projections thereof and a straight line connecting 6 m from their point of intersection; (r) that obstructs, or is located in, a required parking space; (s) that has more than 2 sign faces; or (t) that is obscene or in bad taste. 72. No person shall erect, paint, mark or inscribe any sign containing any promotional or advertising content, (a) on pavement; (b) on the exterior wall of a building except as permitted by the City's Anti- Graffiti By-law; (c) on a utility pole, tree, stone or other natural object; or (d) on a vehicle or on a trailer that is parked or located for the primary purpose of sign display. Sign By-law No. 6999/09 Page 23 Electronic Message Displays 73. No person shall erect any sign with electronic message displays, (a) in a Special Sign District; (b) in an area zoned for residential uses; or (c) within 200 metres of an area zoned for residential uses if the display is readily visible from an area zoned for residential uses. Boulevards 74. Where signs are permitted by this by-law to be erected on a boulevard, no such sign shall be erected closer than 1.0 m from the curb. of the road or, where there is no curb, closer than within 2.0 m of the travelled portion of the highway. Vacant Properties 75. No person shall erect any sign, other than a development sign, community event sign, filming location sign, real estate sign, farm sign, election sign or "No Trespassing" sign on vacant property. Special Sign Districts 76. (1) No development sign, portable sign, banner, inflatable sign or an internally illuminated sign other than an open/closed sign no more than 0.2 m2 in area shall be erected in a Special Sign District. (2) Subsection (1) does not apply to community event signs. PART VI - VARIANCES Definition 77. In this Part, "Director" means the City's Director of Planning & Development or a designate. Variance Applications 78. An application for a variance from one or more of the requirements in this by-law shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 79. A variance shall not be required in relation to the structure or other component parts of any sign if such structure or component parts have been specifically identified and described in approved site plan documents. SignB , law No. 6999/09 Page 24 80. A variance application shall be filed with the Director using the City's prescribed form. 81. Every variance application shall include all of the information required to be submitted in relation to a permit application under section 19 and section 21 (if applicable) and shall also include written reasons why the provisions of this by- law cannot be complied with. 82. Prior to making a determination on any variance application, the application details shall be brought to the attention of the City's Site Plan Advisory Committee. 83. The Director shall notify the applicant prior to the meeting of the City's Site Plan Advisory Committee to provide the applicant an opportunity to appear before the Committee to make representations respecting the application. 84. When commenting on a variance, the City's Site Plan Committee shall be acting under the authority given to it under this by-law and not under the Planning Act. 85. If the applicant does not attend the City's Site Plan Advisory Committee meeting at the appointed time, the Committee may proceed in the absence of the applicant and the applicant shall not be entitled to any further notice dealing with the application. 86. In considering a variance application, the Director shall have regard for, (a) the provisions of any applicable site plan agreement; (b) special circumstances or conditions applying to the property, building or use referred to in the application; (c) whether strict application of the provisions of this by-law in the context of the special circumstances applying to the property, building or use, would result in practical difficulties or-unnecessary and unusual hardship for the applicant that are inconsistent with the objectives of this by-law; (d) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; (e) whether the proposed sign will detrimentally alter the character of the area; and (f) whether the general intent and purpose of this by-law is maintained. 87. The Director may approve or refuse any variance application, and may impose any conditions upon an approval as he-or she determines to be appropriate. Sign By-law No. 6999/09 Page 25 83 PART VII - EXEMPTIONS 88. This by-law shall apply to all existing and proposed signs in the City other than, (a) official signs; (b) signs on private property that are less than 0.2 mz in area provided they do not contain any promotional or advertising content; and (c) shelter advertising or any advertising on street furniture and fixtures approved by the City or the Region. 89. This by-law does not apply to any changes to a sign face if, (a) the sign has been previously approved; (b) there is no change in sign area, shape, construction or design; and (c) the sign is not located within a Special Sign District. PART VIII - ENFORCEMENT Definition 90. In this Part, "officer" means a municipal law enforcement officer appointed by the City to enforce municipal by-laws. Inspections 91. An officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 92. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Order to Comply 93. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner of the property on which the contravention has occurred or the person who erected the sign to do work to correct the contravention, including removal of the sign. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property; Sign By-law No. 6999/09 Page 26 84 (c) the general nature of the work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the owner at the last known address of the owner. (4) If the address of an owner is unknown or the City is unable to effect service on an owner in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's property. (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, 3 days after it was mailed, or the date that it is posted on the property, as the case may be. 94. No person shall fail to comply with an order issued under this by-law. Remedial Action 95. (1) Where an order has.been issued respecting any sign and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. (2) The City may recover all costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs,, from the owner by adding the costs to the tax roll and collecting them in the same manner as property taxes. Removal of Signs 96. (1) Where a sign is erected on, over, partly on, or partly over, property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice or compensation. (2) A sign removed by the City shall be stored for a period of not more than 30 days, during which time they may be redeemed by the person who erected the sign upon payment of the applicable fee set out in Schedule «A„ Sign By-law No. 6999/09 Page 27 (3) Signs not redeemed by the person who erected the sign within 30 days of 8 5 removal by the City shall be disposed of by the City without notice or compensation. Liens 97. All costs incurred by the City for the removal, care and storage of a sign that was erected in contravention of this by-law are a lien upon the sign that may be enforced by the City under the Repair and Storage Liens Act. Offences and Penalties 98. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. 99. No person shall make a false or intentionally misleading recital of fact, statement or representation in any application or other document required by this by-law. PART IX - GENERAL Other Applicable Laws 100. The applicant shall, be responsible for obtaining the approval from any other government authority having jurisdiction over the installation of a proposed sign. Short Title 101. This by-law maybe referred to as the "Sign By-law". Repeal 102. By-law No. 2439/87, as amended, is repealed. Effective Date 103. This by-law comes into effect on the date of its passing. By-law read a first, second and third time and finally passed this 16th day of November, 2009. David Ryan, Mayor (Acting) City Clerk Sign By-law No. 6999/09 Page 28 ? ! 86 SCHEDULE "A" FEES SIGN TYPE FEE Ground Sign $250 Wall Sign $150 Development Sign $250 Portable Sign $50 Banner and Inflatable Sign $50 Sidewalk Sign $100 Billboard $500 Additional fee for any sign installed prior to permit issuance $250 Additional fee for any sign installed prior to licence issuance $50 Redemption Fee - Election Signs $25 Redemption Fee - all signs less than 2 m2 $25 Redemption Fee - all other signs $50 Sign Variance - Ground Sign, Wall Sign or Development Sign $500 Sign Variance - All Other Signs $100 Fees are per sign and are not refundable. Sign By-law No. 6999/09 Page 29 SCHEDULE "B" - SPECIAL SIGN DISTRICTS 87 Schedule "B1" Liverpool Road Waterfront District Schedule "B2" Whitevale District Schedule "BY Greenwood District Schedule "134" Cherrywood District Schedule "BY Green River District Schedule "B6" Claremont District Schedule "137" Brougham District Schedule "B8" Kinsale District Schedule "B9" Balsam District Sign By-law No. 6999/09 Page 30 SCHEDULE S1 LIVERPOOL ROAD WATERFRONT DISTRICT COMMERCE ST tET DMNERCE STREET - I I I 1 I I I 1 I 1,9 _ I I I I F I- I 1 r--_ - I I - ~ I I -_J IEW STREET 1 1 1 1 1 1 I 11 I I ~ I I I I I I I I I I I 1 C i I I I I I I 1 1 1 I I I ANN Nil STREET qII j % h--- I VJK4RF STREET I l l l l l l 1 1 I - 1 1 1 1 1 1 1 - - I 111 II II - . ~ . 1 1 1 1 1 1 1 - = I - - I - - I _ - I lul _ - fRt7~ita4,v'S - - 1L111L - I O J O &4Y 1 l I ~ 'r ~ \ 1 SCHEDULE B1 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B2 Page 31 WHITEVALE DISTRICT 89 I _ 1 I I I I I " - l WFSr - So I sT _ I I I a - - 1 1 1 1 1 1 1 I I I I 1 ~1 - I ~ - - 1 1 1 1 1 1 I I 1 I I 1 ~ I ~ I 1 1 I I I I1 1 1 I WHITEVALE ROAD I I I I I I 1 1 1 1 I GI I II I I I I I I I I I I I I I I I I I 1 I I l I I I I 1 , I I 11 I I I I of I II I I I I I I I I I I f l 1 ~ I 1 I 1 I. I I 1 I I I I I 1 I I' I S ~ ~ I ~I 1 I I I J I ITEV T E I I I I I I I I Z , ~ \ I I 1 ' \ , I I \ I I , ~ - U - ' I I I I I' I i I I \ 1 1 \ I I I ni SCHEDULE B2 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B3 Page 32 90 GREENWOOD DISTRICT F------------- I 1 ~ t I I I I r I j I I I III 1 ~ r-~/~ - 1 f 11 I I I 1 1 I I-I 1 1 . II II I -11 I~tll I L_----~ . I I I 1J~LL 1+1J 1_~ 1~ I y r - I 1 r _ GREENWOOD I I I I I r - ~ I ~ II 1 l N. i I 1 I I - I 1 I I I I I 1 1 I r--- I II 1 I I I I 1 1 _1____ 1_- I I I . I I I I I L I I - I 1 - - I - _ I - i I I I I I - I I I I I 1 I 1 I I 1 I - I I I I -T--T--'I ~ I I I I I N SCHEDULE B3 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 _ SCHEDULE B4 Page 33 CHERRYWOOD DISTRICT 91 I I I I I I' I o Q I I I I 1 , , I i I z Q I I I I I m W I --I , u 0 ~ I CONCESSION ROAD THIRD I I Q O I I I I 1 I _-_________-I . I Y --=----CHERRYWOOD m W cf) O T N SCHEDULE B4 TO. BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B5 Page 34 GREEN RIVER DISTRICT r" I 1 9 I I , I I I , I I I I I I I I ~ j I I 1 ~ 7 I I i I \ ~ I- I I . _ I J 1 I I I Q F I I I I \ w , I I I I I ~ I I I I I _ r-~ I I I I 1 1, I , I I I I 1 ~ , I I 1 r-1 I I 1 1 I I I I I 1 1 I - 1 HIGHWAY 7 O I 1 1 1 I , I , I 1 I lFl-- 1 1 'I , I I I ' ~ I 1 r- I I I 1 1 I , ~~J 1 I I j I -1-7 I I \ ~ I I I I II 1 I 1 1 1 _ _iOREE I - I 1 1 --------1 I I 1 w I , 1 I = I - 1 a I - I 1 ~ I , I I 1 I 1 I L--- q0~ I N SCHEDULE B5 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B6 Page 35 CLAREMONT DISTRICT 93 711m MIp11fJ COO M£3CJC~IOCx3~s / . III I - ,I I I I I ~ ~I I I I I I I II I 1 1 I II I ' _ 4 11 I I II _ II I I , Il I , I- i I it I II 1 ~ ~ ' II I I I ~ t I ~r~ - I I I I I ~ I I I S~ I ~ f\ ~ II I - I I i _ I I ' _ J It _ T II ' 11 I ' ~ / 1 I II ~ I r I II II I I VIII ~'I ----------1 ----------1 I i - _ 1'Tl I ~ ~ I I ~ r-rh ® ~n ~7 I I I 1 1 ( I I ~1 ~ I + III I I I _ I I I I~ I ~ I ~ III I I , I I I , 1 1 I I ~ I I 1 _ Ty ~ ; I I I I I I' - I I I - I - I CLARENIONT II I ~ I I I I I I I It I I 1 / 'I IIII11111111 I. I II 1 ---TI---- I ~ I ~ s I I II I I~----- ' - T-% I II i - I ~ II , I _ 1 I I ' II I 1 1 II I - I I II I I 1 ~ I I I II I I I I I II 1 11 N SCHEDULE B6 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B7 Page 36 BROUGHAM DISTRICT. 94 ; I I I I 1 I I. I , 1 I I 1 I I I I 1 I 1 I I 1 I I 1 I I 1 I T I I 1 I ~ I I I I o r---------- O I 1 I e~oUCy~~ I I I I I I I BR VGHAM .r_ j i . _ I I --T I I HA I I I I I i 1 I I 11 I F I I I HIGHWAY 7 HIGHWAY 7 1 I . I I 1 11I I ~ I 1 I I I 1 1 1 I I I L-T--L z 1 LT11- ~ 1'- ~ ` I I I I I ¢ I 1 I -.1 I I I rY TT $PRIN 1 LORCHARD HEIGHTSi , z _ RI EI I I. . I 1 I I I 1 I _ JOH \ STR T , 1 m x A/ SCHEDULE B7 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 SCHEDULE B8 Page 37 95 I I . I -1_______________ ~ I I f I I / I I I l ( I I 1 I I I ` I I I I 1 ` i I I 1 I I I I 1 1. I I I J I I r~ I I ; KIN$ALE i I I 1 I 1 - I Z 1 I I I I I I I I - I I 1 I j I I I I IL I I , II 1 I I 7 HIGHWAY 7 HIGHWAY ir- _J I I 1 I I I I I , I I I I I I I I ~ I I I I O I I I I ~ I I _ } I I i I I ~ I I I ~ O I I I ' I Q I I I I N SCHEDULE B8 TO BY-LAW 6999109 PASSED THIS 16tH DAY OF NOVEMBER 2009 I Sign By-law No. 6999/09 SCHEDULE B9 Page 38 A T A I I I 96 I I , I I I I 1 I I I I i I I I I I I I I I i 1 I 1 I , I I I 1 I 1 I I ~ I 1 I I ' I1J 1 1 I 1 I z I 1 II I I I I I 1 F--W J p j ~ I I I I I I I II I I I I 1 1 I I I REGIONAL ROAD NO. 5 1 I 1 I I I I I I - 1 I . I I I I - BALSAM I I I - I W z 1 Li p (n I I I I ' I I I 1 I 1 I I I I I I I 1 I I N SCHEDULE B9 TO BY-LAW 6999/09 PASSED THIS 16tH DAY OF NOVEMBER 2009 Sign By-law No. 6999/09 Page 39 I .97 ~ I i I ~o ~o 0 I 1 I f~~ I 9 \ \ , \ I Z Q [10-0 - - - - - - Ell- C3) U W - YT = Q \ I I I - \ i , I I I I I I I r m ~ O \ O \ ' I I I. I I I I I I I I ~ v I I I J N C) CK W \ I I ~ ~ T O I ] )__r I__ w O (0 CO O U ~ ~ I 1~ / I I I ~ vTTJ / J L u-1 H _1 r 1 . / n _ 1 \ / I~ I j_ I I o W O . .__I JI ~ a J ;i`___ Q LL M aoalaao~L oaxH W a LLJ W U Q r----- - I 2 (A - U'^ Q Q LL 0 I I I I \,1~ -i rrdr° h„,i 1\1 ~ 1 T; 1 J _ t ' \ I - { 3F I..lu 1 MUN City a~ ICI I I PICKERING MEMO 98 To: Debi Wilcox October 26, 2009 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Manager, Development Control Subject: Request for Road Dedication By-law Developers: Barbara Ann Carter, Katherine Elizabeth Agnew and Jennifer Margaret Chandler (collectively the "Developer") Part of Lot 16, RCP 1051, being Part 8, 40R-22043 (Heathside Crescent) LD173/02, LD174/02, LD 74/03, LD75/03 and LD76/03 File: Roadded.514 The Developer applied to sever Lot 16, Registrar's Compiled Plan 1051 into 6 new lots through Land Division Applications LD173-174/02 and LD74-76/03. In order to ensure the orderly development of these lots, a reserve (Part 8, Plan 40R-22043) was placed across the severed lots fronting Heathside Crescent. It has been determined through the City's assumption process that, although development was completed some time ago, Part 8, Plan 40R-22043 has never been dedicated as a public highway. As the Developer has complied with all land severance/development conditions satisfactory to the City, it is appropriate to lift the reserve, thereby permitting legal access to the severed lots. I Attachgd is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for November 16, 2009. DB:bg JADocuments\Prop & DeWROADDED\SE0514 HeathsideVAemo to Debi2009.doc Attachments 99 DETAIL INSET 1 SCALE N.T.S. O KI WILLIAM DUNBAR SQUARE o PUBLIC w o SCHOOL > z a w o U PART8 w 40R-22043 HONEYWOOD U U Y w O w ~ z 57< i a CRESCEN I o w w O o _ z z w U K a O Q O O 00 o w O = o ROWNTREE J w w w U w o SCENT w CRESCENT 0 N w = O M RATHMORE O ~ z O o z J 3~: 3 SUB 4 Of j A 111 O CU CRESCENT o Q A trFN~F m } w I- ~ z m g w O J > M LL, Q < D ° Z__ Iii J Q MEADOW Li I SCENT GOLDENRIDGE Y N W N TREET o z CRES. D o M_-0 \v w m a O ~ w p N City of Pickering Planning & Development Department PROPERTY DESCRIPTION PT LT 16, RCP 1051, BEING PART 8, 40R-22043 OWNER CITY OF PICKERING DATE OCT. 21, 2009 DRAWN BY JB FILE No. ROADDED. # 514 SCALE 1:5000 CHECKED BY DB oTeranetraEnterprisee Inc. and its -pplien. All righte Reserved. Not a plan of s-ey. PLI_~ 2005 MPAC and Its a Ilers. All rights Reserved. Not a Ian of S- ~``1~ 100' THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate that part of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Part 8, Plan 40R-22043, as public highway. WHEREAS The Corporation of the City of Pickering is the owner of that part of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Part 8, Plan 40R-22043 and wishes to dedicate it as a public highway. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. That part of part of Lot 16, Registrar's Compiled Plan 1051, Pickering, being Part 8, Plan 40R-22043 is hereby dedicated as public highway (Heathside Crescent). BY-LAW read a first, second and third time and finally passed this 16th day of November, 2009. David Ryan, Mayor Debi A. Wilcox, City Clerk Roadded.514 THE CORPORATION OF THE CITY OF PICKERING 101 BY-LAW NO. 7001/09 Being a by-law to appoint By-law Enforcement Officers for the Purpose of Enforcing Parking Restrictions on Private Property WHEREAS pursuant to section 15(l) of the Police Services Act, R.S.O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. That the following people be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as: a) 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1915 Denmar Rd., 1331,1350, 1360 and 1885 Glenanna Rd., 1958 and 1975 Rosefield Rd., 1525/35 Diefenbaker Court, 1530/40,1625 and 1635 Pickering Parkway, 1000/1400 The Esplanade Casitas Millenium, 925 Bayly St., 1650 and 1865 Kingston Road 1775 Valley Farm Road, 1995 Pinegrove, 76-1555 Finch Avenue, 1295 Wharf Street, 1867 Kingston Road and 1250 Saint Martins Drive Keith Pearson Nick Koitsopoulos Bernard Rooney Donald Lawrence Richard Bell Denise Franklin Sean Caprio Bardley Morphew Craig Bennett Vernon Sunday Kris Evans William Brooks Rajumar Thiranathan Daniel Shohdy David Puskas Joan Halkett Robert Chayer Thomas Mcardle Guarang Patel David Lindsay Fred Smith b) 735 Sheppard Avenue East Ankur Gandhi Devinder Bhakta Jason Merkowsky 102 By-law No. 7001/09 Continued Page 2 c) 409 Strouds Lane Susan Saltmarsh Mandy Laliberte Bonnie Fouladi 2. The authority granted in section 1 hereto is specifically limited to that.set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. 3. This appointment shall expire.upon the person listed in section 1a) ceasing to be an employee of G4S Security Services or upon G4S Security Services ceasing to be agents for 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 1915 Denmar Rd., 1331,1350, 1360 and 1885 Glenanna Rd., 1958 and 1975 Rosefield Rd., 1525/35 Diefenbaker Court, 1530/40,1625 and 1635 Pickering Parkway, 1000/1400 The Esplanade Casitas Millenium, 925 Bayly St., 1650 and 1865 Kingston Road 1775 Valley Farm Road, 1995 Pinegrove, 76-1555 Finch Avenue, 1295 Wharf Street, 1867 Kingston Road and 1250 Saint Martins Drive;1 b) ) ceasing to be an employee of Durham Standard Condominium Corporation No. 191 or upon Durham Standard Condominium Corporation No. 191 ceasing to be agents for 735 Sheppard Avenue East; 1c) ceasing to be an employee of DCDSB, or upon DCDSB ceasing to be agents for 409 Strouds Lane, whichever shall occur first. 4. The provisions of this by-law shall come into force and take effect on the day of the final passing thereof. BY-LAW read a first, second and third time and finally passed this 16th day of November, 2009. David Ryan, Mayor Debi A. Wilcox, City Clerk C--ttq o0 Minutes iii Waterfront Coordinating Committee i i August 13, 2009 PICKERING 7:00 pm CAO Boardroom Attendees: Councillor O'Connell, Chair Councillor Dickerson, Vice-Chair Councillor McLean Craig Bamford Jim Dike Zoia Horne Christian Medy David Steele A. Mostert, Coordinator, Landscape & Park Development L. Harker, Recording Secretary Absent: Mayor Ryan Kathleen Corcoran David Stone Kevin Tower R. Holborn, Division Head, Municipal Property & Engineering M. Gadzovski, Stormwater & Environmental Engineer Item / Details & Discussion & Conclusion Action Items / Ref # (summary of discussion) Status (include deadline as appropriate) `1.0 Welcome & Introductions Councillor O'Connell welcomed members to the meeting and introduced Darius and his family. Darius is a 7-year old drummer who raises money for cancer research. 2.0 Approval of Minutes Moved by Councillor Dickerson Seconded by Craig Bamford That the minutes of the May 21, 2009 meeting be approved. CARRIED Page 1 Item? Details & Discussion &'Conclusion Action Items / Ref # (summary of discussion) Status (include deadline as appropriate) 3.0 Fundraiser on the Waterfront Councillor McLean provided some background information of Darius, the 7-year old drummer and two boys in the community who are suffering from cancer. Councillor O'Connell provided an overview of the proposed Waterfront event to be held in September. The Committee has expressed an interest in providing a BBQ event on the Waterfront and tying it in with fundraising for cancer research. Suggestions for the event included; • An educational booth on the Waterfront Coordinating Committee to engage residents and to get an idea of their future vision for the Waterfront. • Councillor McLean to evaluate the financial needs of the two boys with cancer prior to allocating any money being raised for them and report back to the Committee. • Councillor Dickerson suggested a hands-on approach, such as a 3D model of the Waterfront for residents to manipulate to show their vision. Councillor O'Connell to contact the Planning & Development Department to determine if this is feasible. • C. Bamford suggested the creation of a questionnaire to obtain a profile of the current users of the Waterfront. • Tentative, date for the event is Sunday, September 6th beginning with a BBQ at 4:30 and possibly a movie and drumming act by Darius. • Councillor O'Connell to confirm with Enbridge for their participation in the BBQ and to determine if a movie is fiscally feasible. • As the educational booth will'require Committee members to run, members are to advise if they are available on September 6tn Page 2 s- Item 7 Details & Discussion & Conclusion Action Items / Ref # (summary of discussion) Status (include deadline as a ro riate • Discussion ensued with respect to whether fundraising on the Waterfront has been consented to by Council. • If fundraising is not permitted on the Waterfront, the Committee will still be proceeding with an interactive BBQ on September 6th 4.0 JOther Business 4.1) Councillor O'Connell provided an update to the Master Plan. The Committee's comments have been submitted. 4.2) Councillor O'Connell provided an update to the Frenchman's Bay Pier. As per Council's resolution, the EA study will now encompass that both sides of the pier are accessible. 5.0 Next Meeting Thursday, September 17, 2009, Main Committee Room. Meeting Adjourned: 8:15 pm Copy: City Clerk Page 3 Cif o~ Minutes Waterfront Coordinating Committee i i October 15, 2009 i0i 1:10::11: PICKERING 7:00 pm Main Committee Room Attendees: Councillor O'Connell, Chair Craig Bamford Kathleen Corcoran Jim Dike Zoia Horne David Steele R. Taylor, Coordinator, City Development A. Mostert, Coordinator, Landscape & Park Development L. Harker, Recording Secretary Absent: Mayor Ryan Councillor Dickerson, Vice-Chair Christian Medy David Stone Kevin Tower R. Holborn, Division Head, Municipal Property & Engineering M. Gadzovski, Stormwater & Environmental Engineer Item / Details & Discussion & Conclusion Action Items / Ref # (summary of discussion) status (include deadline as appropriate) 1.0 Welcome & Introductions Councillor O'Connell welcomed members to the meeting and introduced R. Taylor, Coordinator, City Development. 2.0Approval of Minutes Moved by Jim Dike Seconded by David Steele That the minutes of the August 13, 2009 meeting be approved. CARRIED 3:0 Approval of 2010 Meeting Schedule Page 1 Item / Details & Discussion & Conclusion Action Items / Ref # (summary_ of discussion) Status (include deadline as a ~ro riate Moved by Craig Bamford Seconded by Jim Dike That the 2010 Waterfront Coordinating Committee Schedule be approved. CARRIED 4.0 Correspondence 4.1) Email to Ms. Chow re: Speed limits in Frenchman's Bay Councillor O'Connell provided the Committee with a progress update to the speed limit signs in Frenchman's Bay. Moved by Kathleen Corcoran Seconded by Zoia Horne That the above correspondence be received for information. CARRIED 4.2) Letter dated May 22, 2009 from York Region's Clerk Denis Kelly re: Pickering's Waterfront Trail Moved by Kathleen Corcoran Seconded by Zoia Horne That the above correspondence be received for information. CARRIED 5.0 Update Peak Trail and York Region Enhancement Projects R. Taylor provided a presentation update to the Peak Trail and York Region Enhancement Projects. • In October 2007, the City accepted the terms proposed in an MOU between the Region of Durham and the Region of York. MOU Terms for the Regions included financing the cost to upgrade, retrofit and service the relocated heritage Page 2 item /Details & Discussion & Conclusion Action Items'/ Ref # (summary of discussion) Status (include deadline'` as appropriate) home, to improve and pave Frisco Road to its southerly terminus and finance and implement all planned trail amenities. The Region has been provided by the City of Pickering with a detailed trail plan and estimated costs. • To date, there has been no response from either Regions respecting the revised MOU. Councillor O'Connell clarified with the Committee that there have been no permits granted by the City for the road closures. • A question and answer period ensued. • Councillor O'Connell enquired if the Committee felt that there has been enough time for a response from the Regions and whether they wanted to formally address the issue. • Councillor O'Connell and Councillor Dickerson to Councillor recommend that the Waterfront Coordinating Committee is O'Connell & in consensus to enforce the recommendation of Councillor Committee on March 19, 2009 and resolution #87/09 of Dickerson to Council. action • R. Taylor to email his presentation to Committee R. Taylor to Members. action 6.0 Other Business 6.1) C. Bamford enquired if it would be possible for the Waterfront Trail to be completed through 532 Westshore A. Mostert to where there is a potential spot of public land. A. Mostert action to investigate this possibility and report back to the Committee. 6.2) J. Dike questioned the status of the West entrance to the City of Toronto portion of the trail. A. Mostert gave the Committee an overview of the construction progress, stating that the trail will be opened before the end of 2009. Page 3 1 Item / Details & Discussion & Conclusion Action Items / Ref # (summary of discussion) Status (include deadline as a ro riate 6.3) J. Dike questioned the status of the Harbour Entrance EA as the appeal period is over. There were no objections to the proposals therefore the EA is awaiting final approval. Councillor O'Connell also noted that as per the Committee's request, the western portion of the trail has been made fully accessible. 6.4) Councillor O'Connell provided an update to the First Nations Trail signage. Councillor O'Connell would like to ensure that the Committee has a chance to review all trail signage to ensure signs are accessible and that signage reads the "First Nations Trail". 6.5) Councillor O'Connell gave notice that she would be bringing a Notice of Motion to Council in November concerning having all new trails created to be accessible. 6.6) D. Steele enquired about the status of the Stormwater Management Plan. A. Mostert to follow up with R. A. Mostert to Holborn on the status of this Plan. action 6.7) The Committee requested a report from the Director, Director, Corporate Services & Treasurer on the Reserve Fund Corporate for Stormwater Management. Services & Treasurer to action 7.0 Next Meeting November 19, 2009, Main Committee Room. Meeting Adjourned: 8:30 pm Copy: City Clerk Page 4 Committee of Adjustment Meeting Minutes City 170 Wednesday, September 30 2009 TIM- 7:00 pm Pit Main Committee Room PRESENT: Kevin Ashe David Johnson - Chair Eric Newton - Vice-Chair Keith Wilkinson ALSO PRESENT: Ross Pym, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer ABSENT: Susan Kular (1) ADOPTION OF AGENDA Moved by Eric Newton Seconded by Keith Wilkinson That the agenda for the Wednesday, September 30, 2009 meeting be adopted. CARRIED UNANIMOUSLY (II) ADOPTION OF MINUTES Moved by Keith Wilkinson Seconded by Kevin Ashe That the minutes of the 12th meeting of the Committee of Adjustment held Wednesday, September 9, 2009 be adopted. CARRIED 1 Committee of Adjustment Ci tq Meeting Minutes o~ Wednesday, September 30 2009 7:00 pm I Main Committee Room (III) REPORTS 1. P/CA 46/09 - Linli Management Ltd. 776 Liverpool Road (Lot 10, Plan 432) City of Pickering The applicant requests relief from Zoning By-law 2511, as amended by By-law 1571/82 to permit a music school use, whereas the by-law does not specifically permit a music school in a "C8" zone. The applicant requests approval of this variance in order to obtain zoning compliance. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were also received from the City's Development Control Manager, expressing no concerns and the City's Office of Sustainability, in support of the application. Paul Braude, owner, was present to represent the application. Jocelyn Tytla of 17 Cheyenne Drive and Zheenen Liao of 811 Kennedy Road were present in favour of the application. Patricia & Ward McKee of 780 Liverpool Road and Lynda Onofreychuk of 27 Cavehill Crescent were present in objection to the application. Paul Braude explained the future tenant already owns three other schools in other residential neighbourhoods and have not received complaints from surrounding neighbours. Paul Braude indicated this unit has been vacant for some time and feels the music school will benefit the community. Jocelyn Tytla explained the type of music that will be taught at the school will be mostly piano with some violin and voice. She operates other music schools and has not received noise complaints. The proposed school will have four studios with one-on-one teaching, the hours of operation will be approximately 4pm to 9pm and each room will be sound proofed. Zheenen Liao indicated he has worked with Jocelyn Tytla for about 5 years and have not received any noise complaints. Zheenen Liao explained the positive impact music brings to children. 2 Committee of Adjustment City Meeting Minutes o~ Wednesday, September 30 2009 7:00 pm PICKERING Main Committee Room Patricia & Ward McKee are in support of the proposed music school and acknowledged the positive impact it will have in the neighbourhood. They expressed concerns with the additional noise the music school will bring and the ongoing noise problem that already exists on the subject property because of the operation of the bar. They also noted concerns with future music tenants and questioned the type of music. Lynda Onofreychuk supports a music school and questioned how the building will be insulated to help with the noise, and also expressed concerns with the noise already existing on the subject property. Moved by Keith Wilkinson Seconded by Eric Newton That application P/CA 46/09 by Linli Management Ltd., be APPROVED on the grounds that the proposed music school use within the existing commercial building is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance applies only to the commercial unit on the subject property, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtains a building permit for the proposed construction by September 28, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY 2. P/CA 47/09 - S. Campbell 1872 Appleview Road (RCP Part of Lot 75, Plan 1051) City of Pickering The applicant requests relief from Zoning By-law 3036, to permit a detached garage in the front yard having a maximum height of 4.8 metres, whereas the by-law requires all accessory structures to be located in the rear yard and a maximum accessory building height of 3.5 metres. The applicant requests approval of this variance in order to obtain a building permit. 3 i Committee of Adjustment Meeting Minutes Citq Wednesday, September 30 2009 7:00 pm PICKERE\TG Main Committee Room The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval for the proposed detached garage in the front yard subject to conditions and refusal for the maximum height of the proposed detached garage. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were also received from S. & H. Thomas of 1863 Appleveiw Road with no objection to the application. Stephen Campbell, owner, was present to represent the application and submitted comments from Pamela Tetford .of 1878 Appleview Road in support of the application. Steve Kenthol of 1882 Appleview Road and Scott Thomas of 1863 Appleview Road were present in favour of the application. Stephen Campbell indicated he has amended the application and reduce the maximum height to 4.2 metres and submitted drawings to the Planning & Development Department prior to the meeting. Stephen Campbell explained the proposed detached garage is to store a recreation trailer and needs the height to accommodate an oversized garage door, will complement the existing dwelling and surrounding area. Steve Kenthol indicated the surrounding neighbourhood is a mix of small to large dwellings and some have a garage in the front yard, would rather have an oversized trailer in a garage than in the front yard, and is in full support of the application. Scott Thomas indicated the proposed detached garage will add property value to the applicant's property as well as the surrounding neighourhood, and is, in full support of the.application. Moved by Kevin Ashe Seconded by Eric Newton That amended application P/CA 47/09 by S. Campbell, be APPROVED on the grounds that the proposed detached garage in the front yard and the maximum height of 4.2 metres are minor variances that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances applies only to the proposed detached garage, as generally sited and outlined on the applicant's amended submitted plans. 2. That the applicant obtains a building permit for the proposed construction by September 28, 2011 or this decision shall become null and void. CARRIED UNANIMOUSLY 4 I Committee of Adjustment Meeting Minutes CCtc~ o~ ICI Wednesday, September 30 2009 7:00 pm PIr Main Committee Room (IV) ADJOURNMENT Moved by Kevin Ashe Seconded by Eric Newton That the 13th meeting of 2009 the Committee of Adjustment be adjourned at 7:36 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 21,, 2009. CARRIED UNANIMOUSLY Date Chair Assistant Secretary-Treasurer 5 CLty o¢i Minutes 141 Heritage Pickering Advisory Committee i i October 27, 2009 PI ~KERI 7:00 pm Main Committee Room Attendees: Councillor Johnson Rhonda Lawson Terence Arvisais Mike Cassidy Keith Falconer Susan Gardner Joanne Glasser Wickham Jamadar Kelly McLean Peter Rodrigues Margaret Woods Aaron Cameron, University of Toronto Student Linda Roberts, (Recording Secretary) Absent: Jim Simpson, Chair (on approved leave) Item / Details $ Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome R. Lawson, welcomed everyone and informed the Committee that she would be chairing the meeting in J. Simpson's absence. She noted that he would be on a leave for the next two months. 2.0 Approval of Minutes All Moved by Councillor Johnson Seconded by Keith Falconer That the minutes of the September 29 meeting be approved. CARRIED 3.0 New and Unfinished Business 3.1) ERA Consultant R. Lawson introduced Matthew Sommerville and Chris Lawless, Page 1 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) consultants from E.R.A. Architects. M. Sommerville explained they have been retained by the City of Pickering to look into the heritage policies. He provided a brief overview of their goals and objectives for the Committee. He provided handouts for the Committee explaining the background, areas of concern, goals and objectives and the outcomes expected as a result of this project. A question and answer period ensued with the following areas being discussed; • Prioritization of properties being impacted by 407 • Importance of a solid and complete inventory, in particular the areas surrounding the 407 • Need to revamp the workplan • Need to look at cemeteries in the City for designation purposes and also review the Cemeteries Act • Need for education of members in order to benefit Committee • Need to educate the community on the benefits of having homes designated as heritage properties when they are purchasing in a designated district • Need development but also need to maintain heritage • Committee members requested clarification on their roles within the committee • Need for a contact with other levels of government - it was noted the Committee receives information too late • Need for afield trip to Land Registry Office for educational purposes - learning how to research properties • Establishing.by-laws respecting easements and maintenance standards for heritage buildings • Tax relief programs • Need to be proactive, not reactive It was noted that having a proper data map was a fundamental element. A. Cameron informed the Committee that he had completed this with over 200 properties and will bring it to the next meeting. M. Sommerville noted they are working on a hand book for the City as well as the Heritage Committee. They went over what they would be including in their report, and will work in conjunction with I. James, Planning & Development, who will Page 2 CORP0228-2/02 Item f Details & Discussion & Conclusion Action Items/ Status Ref # (summary of discussion) (include deadline as appropriate) be assisting them with a plan. It was noted that the timeframe is an issue in order to protect these properties. Councillor Johnson suggested the possibility of having a guest speaker attend each meeting for 10 to 15 minutes at the beginning to speak to the Committee. It could be a member of the Community or a representative from a group or organization within the City. It was also suggested we could record their stories for our archives. 3.2) Designation of Properties Discussion ensued with respect to the letters which had gone L. Roberts to action out to the homeowners for potential listing on the registry. It was requested that we bring a list of those contacted to the next meeting. Discussion ensued with respect to the designation of the Greenwood Schoolhouse. The process is now complete with. the by-law being passed and the appeal period over. The plaque will now be ordered and presentation arrangements will R. Lawson to action be made. R. Lawson noted that it would be more appropriate to have this as a separate presentation with the Committee members present. 3.3) 407 East Final Individual Environmental Assessment (FIEA) and Preliminary Design Study Report OES 45-09 R. Lawson provided an update with respect to the report which had been approved at Council on October 19th. She noted Council had supported the Committee's position respecting the heritage properties. A copy of the report was available and it was also noted that it could be viewed on the City's website as well. 4.0 Correspondence 4.1) David Legal Advisors Re: OMB Pre-hearinq Conference Notice of an appeal hearing for property owned by Mattamy Homes (Brock Road) Limited, located on Part Lots 17 and 18, Concession 3, City of Pickering was received for information. Page 3 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 4.2) Heritage Matters The September, 2009 issue of Heritage Matters was received for information. It was noted that this is also available on line. L Roberts will forward the link to members. 5.0 Other Business 5.1) Councillor Johnson noted there would be a fundraising event to be held on November 15th at the Claremont Community Centre to raise funds for the restoration of the Claremont Store. 5.2) Field Trip The possibility of having a van or bus for the members to tour potential heritage properties was discussed. It was noted this should be prearranged with the property owners and planned for a Saturday or Sunday. 5.3) Inventory A. Cameron noted he has completed the heritage inventory and it has all been mapped and numbered. He will bring this to our next meeting for the Committee to view. 5.4) Regional Heritage Meeting LACAC Heritage Whitby is inviting Heritage Committees from L. Roberts to action across Durham Region to attend a meeting featuring discussion on the Heritage Registry. The following members asked to be included: P. Rodrigues, M. Cassidy, M.Woods and K. McLean. R. Lawson has already been confirmed to attend. The meeting will take place on November 14, 2009 in the Regal Room, Centennial Building in Whitby from 1 pm - 4 pm. 5.5) 2710 Brock Road Update L. Roberts to action R. Lawson informed the Committee there has been no further update on this property since the previous meeting. It was requested a follow up be done with the City of Pickering's Facilities on this and an update provided at the next meeting. 5.6) 2010 Meeting Schedule L. Roberts to action It was suggested we look into holding. the meetings on the 3rd Tuesday of each month. L. Roberts to prepare a draft schedule Page 4 CORP0228-2/02 Item/ Details & Discussion & Conclusion Action Items /Status Ref # (Summary of discussion) (include deadline as appropriate) for discussion at the next meeting. 6.0 Adjournment/Next Meeting The next meeting will take place on November 24, 2009 The meeting adjourned at 8:35 m Copy: City Clerk Page 5 CORP0228-2/02 - 1 City 00 Minutes/Meeting Summary AAQ. Site Plan Committee (SPC) Meeting i i October 28, 2009 PI CK RI 4:45 pm Tower Meeting Room Attendees: Mayor Ryan Doug Dickerson - City Councillor - Ward 2 David Pickles - City Councillor - Ward 3 Jennifer O'Connell - City Councillor - Ward 1 Neil Carroll, Director, Planning & Development Lynda Taylor, Manager, Development Review Tyler Barnett, Senior Planner - Site Planning Absent: 1./'w~. ` . - .fir. ; - ij .Item % Details Drscuss~on B~Conclus~on , Action Items / Statu-s 'Ref # (nmary of desuss~on)~ _ ~`,~Y s~ (include deadline as~ . 2 a ro `afe r 1. N/A - Claremont General Store Preliminary Proposal 1703-1707 Central Street Attendee(s) John Owen (Owen Design) Mr. Daniel Park owner The preliminary plans are to rebuild the general store and associated uses that were destroyed by fire. Minor variances are required to implement the proposed redevelopment. • Neil - Owner is attempting to provide commercial space back into community with a similar character to the initial development - P&D have worked with the applicant to identify required variances and consider this a special situation that can appropriately be considered by the Committee of Adjustment - providing opportunity for SPC to see the proposal prior to variance application being brought forward to the Committee of Adjustment (C of A). SPC will still see the site plan application through the formal review process - providing heritage architectural elements in replacement building even though initial building was not a designated heritage structure • Fred Parsons pre-consulted with City staff at outset of project • Councillor Dickerson - noted his understanding that an owner could rebuild a structure destroyed by fire, without regard for zoning compliance Page 1 Item / Details & Discussion & Conclusion Action Items''I Status Ref # (summary of discussion) (include deadline as appropriate) • Tyler - zoning by-law special provision only. permits restoration to safe condition; however if more than 60% destroyed by fire, requires compliance to by-law • Councillor Dickerson - no major concern at this time, will comment further when formal site plan brought to Committee for review • Tyler - any C of A conditions will be tied to the presented proposal with a time limit to complete • Neil - some accessibility parking concerns to -be reviewed further • Councillor Dickerson - consider discussing accessible parking space on Regional road allowance (Central Street) with the Region of Durham • Councillor Pickles - are the previous residential dwelling units proposed to be reintroduced and do they require C of A approval. Two apartment units are proposed on the second floor to replace the two residential units that previously existed. They are to be included in the C of A application as current zoning does not permit residential use • Tyler - outlined current proposal and Neil explained southerly abutting neighbours' concern respecting demolition work and site redevelopment • Tyler - outlined variances required • Councillor Pickles - requested P&D staff touch base with Councillor Johnson to outline preliminary proposal Applicants joined meeting • Councillor Dickerson - understand intent of redevelopment and need for C of A and in general support of variances • John Owen - explained matters to be addressed through C of A trying to generally match floor area of what existed prior to fire - respecting side yard as best as possible - building to have mix of materials to be sympathetic to the Hamlet character - pervious ground treatment materials are being proposed to assist with stormwater (turf block) - access to refuse pick-up area was discussed, including conflict with parking spaces (J. Owen noted that refuse pick-up schedule would be arranged to as to avoid conflict with residential parking use) • Councillors discussed refuse pick up (mid day) to avoid conflict.with tenant parking and impact on easterly abutting Page 2 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) neighbour • Neil - questioned size of refuse bin • John Owen - one for refuse, one for recycle, perhaps roll out to curb for pickup • Councillor Dickerson - questioned area of sewage holding tank and opportunity for additional parking in south yard • Neil - noted that south yard is also providing landscaped area for residential tenants, including the land over the holding tank area Tyler to discuss with • Councillor Dickerson - requested that staff consult with Regional staff Regional Works Department to discuss consideration of providing parallel parking on Central street • Mr. Park - may be opportunity for improved on-street parking due to greater setback from road provided by replacement building • Councillor Pickles - where were tenants parking previously? • Mr. Park - north portion of site • Neil - neighbours to east and south will have increased building separation from what existed prior to fire • Councillor Dickerson - questioned what other sustainable elements have been incorporated into the project (other than permeable turf block) • John Owen . Neil Carroll will - no leaching bed in this proposal (holding tank now) speak to Councillor - insulation efficiency Johnson and advise - boilers/radiant heat - reclaimed brick of Committee Councillor Dickerson - need to consider other sustainable position building elements and provide list of these elements with the application when formally submitted for SPA • John Owen - need to be conscious.of impacts of solar panels/sky light locations to ensure they do not detract from historical elements - anticipate April start for project, with 3-4 month construction time period. • Committee consensus -proposal is in right direction and no concern with variance applications to the C of A Page 3 ems / Status r item / 'Details 8 Discussion & Conch ton .4- Action I t _ t d i, Ref # summar of discussio) n }~i s r Y (include'-, 2 S02/09 Pickering Town Centre office Building 1355 Kingston Road Attendee(s): George Shilletto (IBI/YW) James Byck (Urban Bruno Bartel (20 VIC) Ron Taylor joined meeting Applicant attended to provide an update on the proposed office tower on the Pickering Town Centre lands and the pedestrian bridge and GO parking garage (staging, construction, conditional permits and/or conditional site plan approval). • Neil Carroll - IBI/YW/Urban Con and 20 VIC here to address certain concerns expressed at SPC of July 22, 2009 and provide update to SPC on the project status and timing. • It was clarified to SPC that the design and construction of the bridge was now under the control of GO/Metrolinx, and that while the City's input would continue to be sought, the project was not subject to site plan approval • George - provided overview of how project fits into the bigger picture of the City's downtown discussed (using display boards) overall development study it has been involved in with City for downtown core/land uses of Civic Precinct, downtown south core, Pickering Town Centre (PTC) site & MTO site - proposed MPAC office building provides immediate opportunity to realize a first step in the transition of PTC and the emerging downtown master plan. Even greater opportunity now presented with pedestrian bridge and GO parking structure - mobility hub possibility now with pedestrian bridge, GO parking, regional bus service; City bus passenger pick up and drop off - proposal part of larger strategy for PTC expansion(s) for street grid environment - good opportunity for improved pedestrian movement/connections (PTC building itself serves as pedestrian-internal connections) Page 4 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) • Bruno - outlined office proposal history and discussed MPAC desire to move onto PTC site, and the amount of floor space to be developed on `spec' by 20 VIC - aware of build to zone and opportunity for retail/commercial space at grade - leasing opportunities may increase with bridge connection - 20 VIC has a meeting with GO on Friday, October 30, 2009 to discuss connection to office building - The pedestrian bridge will connect to the office building, just not sure whether the connection will be formal landing location for the bridge or a appendage to the main bridge structure. A preference to have the bridge terminate into the office building has been expressed by 20 VIC however that decision rests with GO transit - even if bridge lands on road allowance, the office tower and bridge will be linked as per the terms of 20 VIC's lease agreement - a central landing of bridge on the road allowance will allow for future connections to future buildings along Pickering Parkway and internal to PTC. • Ron advised Y&1MIB1 has been retained by the City to review opportunities for the redesign of Pickering Parkway to accommodate objectives of mobility hub as designated by Metrolinx and the City's Downtown Core Guidelines (on-street parking, kiss and ride, transit stops and lay-by etc.) • Neil - advised the office building has recently been registered for LEED Silver • Councillor Dickerson - concept coming together, main concern for ultimate future development of City downtown • Councillor O'Connell - remember to circulate site plan to Accessibility Committee • Councillor Pickles - questioned elevator needs/function of bridge landing and office tower • George - Yes elevator to be provided for main bridge landing in either scenario. - Committee members expressed concern that employees cannot enter the MPAC building directly from the bridge, but must go outside at grade to enter the building. - Bruno explained that the physical separation of commuters from the MPAC office building (no direct access is a security requirement of MPAC. Page 5 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) I The Committee expressed concern that if the main landing (with elevator) for bridge is freestanding in the Pickering Parkway boulevard and not fully integrated with the office building, but is connected to the office by an appendage to the bridge, then physically challenged persons on-route to the office building/commercial/retail will not be able to get to grade at the end of the bridge as there will only be stairs and not another elevator. This was considered to be unfair, if not contrary to accessibility requirements. This design would require disabled persons to use the elevator in the more distant main bridge landing to access grade, and to travel outdoors to the office building/commercial floor space. • George - prefers main bridge landing to be fully integrated with office building which would address this concern, however design decision for bridge landing is with GO • Committee members requested that this matter receive more consideration and were not supportive of design that discriminated against mobility challenged persons. • Bruno provided a breakdown of the 10 storey office building - The 1St floor will accommodate MPAC space and retail/commercial space - The 2nd and 3rd floors will be for parking (as a layer of the office building) . - The 4t" and 5t floors are vacant office space being built `on spec' by 20 VIC - The remaining floors will be occupied by Municipal Property and Assessment Corporation (a portion of the 10 floor will house mechanical equipment). - 20 VIC is to provide MPAC occupancy in 2011 Neil - in order to accommodate the tight building completion time frames for MPAC, construction will have to proceed in an incremental manner, with some site plan details being resolved as the project advances • Councillor. Pickles -project has improved since previous discussion--- looking forward to formal submission and discussion at Committee • Neil - incremental approvals as development proceeds - hope to finalize site plan within 1 month and to receive final determination on bridge landing location from GO in the very near future - need to begin `core' of building to meet MPAC occupancy time frame Page 6 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include' deadline as appropriate) • George - GO acknowledges need to move quickly with bridge • Ron - bridge needs to be substantially completed by March 2011 - also will meet with ACOM to discuss City comments respecting the bridge design now that ACOM is working with GO • James - site plan is still evolving and will continue to involve Site Plan Committee Ron - reviewing urban treatment of Pickering Parkway from Glenanna to Liverpool Road-we will inform Committee on this project as it evolves. Meeting Adjourned: 6:50 pm JAMINUTES\Site Plan\2009\04 - October 28-09.doc Page 7