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HomeMy WebLinkAboutSeptember 21, 1992 22/92 134 COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday, September 21, 1992 at 7:30 p.m. PRESENT: - Mayor W. Arthurs COUNCILLORS : M. Brenner E. Higdon R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: N.C. Marshall B. Taylor N. Carroll T. Melymuk - Town Manager - Town Clerk - Director of Planning - Deputy Director of Planning (I) ADOPTION OF MINUTES special Council of July 6, 1992 Regular meeting of August 4, 1992 Special Council of August 5, 1992. 8 (II) PRESENTATION Councillor Higdon spoke concerning the presentation to be made by artist Barry Smylie of a Limited Edition print to Mayor Arthurs for the Town's participation in the Frenchman's Bay Festival. (III) DELEGATIONS The following delegations addressed Council with respect to the Bramalea Application pertaining to the Altona Forest: 1. Peter Landolt, representing Frank Fisco stated that Mr. Fisco has received a draft approval for the subdivision but cannot get zoning approval because of the Official Plan. He reported that Mr. Fisco supports the Official Plan Amendment. 2. Milton Rusonik, representing Oscar Pillersdorf of 1727 Altona Road asked for Council to adopt the Official Plan Amendment #79 as recommended by the Planning Staff. ~ 3. e 4. 5. 6. 7. 8 8. 9. 8 ~ 22/92 135 Victor Rudik, 1855 Rosebank Road, also representing his neighbours, Mr. & Mrs. Robert Gordon, stated that there has always been plans for single family detached dwellings on Rosebank. Plans are now for higher density and a separate school site. He urged Council to formally request an amendment to this proposal indicating on a map and text the commitment to single family dwellings. He requested that Council follow through on the previous commitment. Joan Donaghey, 1764 Rosebank Road requested Council's support of the Official Plan Amendment #79. She stated that there has been numerous environmental studies done on Altona Forest and it is time for a decision. She also stated that the plan is well balanced between construction and the environment. Andrew Talpash, 1849 Appleview Road stated that he has enjoyed the Altona Forest for biking, hiking and walking and feels that this development would destroy the parkland. Matt Milner, representing Dunbarton High School stated that he is a member of the Environmental Club and voiced their concern with the development of the Altona Forest forcing the wildlife into a small corner where they ultimately could not survive. Katherine Murray, representing the Friends of the Altona Forest and Petticoat Creek stated that Friends of the Altona Forest is a non-profit organization. She re-affirmed their opposition to the development of the Altona Forest. She stated that this item was referred to the Ministry of the Environment. In May of 1991, the Ministry of the Environment responded to Council on the Altona Forest and asked Council to refer their concerns to various ministries. She requested that the Official Plan Amendment not be considered since comments have not been received from various agencies. She stated that she would be pleased to discuss this further at another time. Brian Henshaw, 843 Liverpool Road, representing the Pickering Naturalists stated that there are many people within Pickering interested in what is happening with the Altona Forest. He stated that according to some experts the entire forest should be preserved. He reported that the Ministry of Natural Resources has made a presentation to Council on the importance of the Altona Forest. He stated that the Council should make every effort to preserve the Altona Forest and ask other agencies to help. Dr. Ron Orenstein, representing J. Murray Spiers of 1815 Al tona Road stated that Mr. Spiers moved from Toronto 44 years ago to get away from all forms of pollution. The upgrading along Altona Road has added pollution. He stated that development of this property is an irreversible decision and that a proper environmental study should be undertaken. 10. 8 11. 12. 13. 14. 15. 8 16. 17. 18. 19. 8 22/92 136 Steve Marshall, representing Save The Rouge Valley System stated that many members of this organization live in Pickering. He reported that the Altona Forest is in the Petticoat Creek watershed but that it is in a system that helps the Rouge. If the Official Plan Amendment is approved, it will destroy a natural heritage. He remarked that very few forests are of the size to sustain the animals. The Altona Forest is a good size. Lorne Almack, representing the Pickering Rural Association stated his support of the Friends of Altona Forest and felt that the Official Plan Amendment should be tabled. He stated that the Province has not reported on the environmental impact. He suggested that the developer should prepare a more compact community, preserving 90 hectares for forest. Lloyd Thomas, a concerned resident of Whitevale stated his support for a full environmental assessment. Joe Sopta, 1818 Rosebank Road stated that the trees on his property are dying due to the amount of garbage. He supports the Official Plan Amendment #79 which will provide for forest preservation. Dr. Zoran Pejovic, representing his mother who resides at 1818 Rosebank Road stated that she has been unable to upgrade her property and urges the Council to make a decision. Kevin Ashe, Trustee representing the Seperate School Board voiced his concern over the overcrowding in the present schools. Reported the urgent need for a new school in the Pickering West area. He stated that the Board had requested an allocation of funds back in 1987 from the Government and it was approved. He urged Council to move forward on this amendment application. Jim Mccafferty, Trustee representing the Seperate School Board also voiced his concern over the overcrowding in the present schools. He stated his support of the proposed amendment. Sid Cassell, 1905 Altona Road representing 20 of 32 landowners in the Highbush area urged the Council to make a positive decision on the amendment application. He stated that the land is now in private ownership and it is being used by motorbikes and snowmobiles. There are no sewers or services and unless the Official Plan Amendment is approved their homes will remain in disrepair. Mario Polsinelli, 1826 Rosebank Road requested that Council support the Official Plan Amendment. Frank Albanese, representing Julia Albanese of 1830 Rosebank Road urged the Council to make a decision. There is no water on the property, the natural underground springs have dried up and they are unable to hook-up to Town water. He stated that dirt bikes are destroying the forest. He requested Council to make a decision and accept the proposal of the Planning Department. 20. 8 21. 22. 23. 24. 25. 8 26. 27. 28. 8 22/92 137 Don Given, Consultant representing Landford Acres Limited stated his support of the staff recommendation with the qualification that there be compensation for land needed for extra park. Landford is willing to compromise as long as the issue of compensation is addressed. He stated that a decision should be made because the issue has been around for many years. Janet Foster, representing M.T.R.C.A. stated that the staff has been dealing with the Altona Forest issue with the Town, the Ministry of Natural Resources and the Ministry of the Environment for many years. The Altona Forest was identified as an environmentally sensitive area back in 1982. The M.T.R.C.A. has found that limited development is appropriate along east side of the Altona Forest. Anna Mariani, 526 Charnwood Court representing the C.P.T.A. of St. Monica's Seperate School stated their concern over the overcrowding in the schools and requested Council to make a decision. She stated that st. Monica's School was built for 425 students but it now has 744. If this application was approved it would allow for children to walk to school and also give them a safe playing field. Christian Bochert, 1812 Rosebank Road urged Council to approve the Official Plan Amendment. Heinz Wensing, 1923 Altona Road spoke in support of the Official Plan Amendment. Gordon Potts, 844 Vicki Drive spoke in support of the retention of the Altona Forest. He feels that the existing residents should be serviced and allowed to upgrade their homes. People have the opportunity to study animals in their natural habitat which will be destroyed if developers are allowed to build. Anna Rieksteins, 1944 Rosebank Road requested Council to support the Official Plan Amendment, not to table, defer or refer again. The following delegation addressed respect to the Steeple Hill Application: Council with Lorelei Jones, representing Sandbury Land stated that Sandbury have no problem with of the laundromat and the private club but approval. Corporation the removal. want speedy The following delegations addressed Council with respect to the draft plan of subdivision of Bramalea Limited west of Pinegrove Ave: John Whitehead, representing Bramalea Limited stated their support of all revisions with exception of expansion of ANSI. He requested that Council pass a resolution to clarify the ANSI to the west. He asked for Council's support of the Planning Report. 29. 8 30. 31. 32. 33. 8 34. 35. 36. 37. 8 38. 22/92 138 Konrad Wanner, 1812 Pinegrove Avenue stated that he is not against sensible development. He stated his concern with this development being built only 275 yards from the dump. Concerned with the health and safety of the children. He feels that Pinegrove is unable to manage the amount of traffic that will come out of such a development and asked Council to limit the construction to a minimum. Madeline Carruthers, 1472 Old Forest Road requested Council to preserve the Highbush Area by holding off with development. Dieter Daues, 1844 Pinegrove Avenue stated his concern with this development being built so close to the dump. Approximately 40,000 gallons of toxic sludge was disposed of in the dump per day which has created an alarming situation. Until Metro can guarantee that there is no present or future threat from liquid waste, no development should take place. Elaine Hughes, representing Heinz Daues requested Council vote against development and save Altona Forest. She stated that Bramalea are not in a good financial standing and will sell lands if the subdivision is refused. John Davis, 1770 Pinegrove Avenue stated that Metro have asked that all new homeowners of the Bramalea Development sign a waiver stating that they acknowledge there may be problems from the dump. The ground water at the rear of his lands may be polluted. He stated that the Pinegrove Forest is an intregal part of the Rouge system. He requested that Council hold off on making any decision. Veronica Dunn, 1796 Pinegrove Avenue stated her concern with the suspected toxic waste contaminated area. She felt that the water levels may rise due to fill being trucked into the new development. She urged Council to reject this proposal. Stephanie Fillingham, 1820 Pinegrove Avenue stated that she previously bought a Bramalea home which required grading before they moved in. She is concerned with the amount of traffic which will be created from such a development. Crystal Garrick, 1851 Pinegrove Avenue stated that all of Pickering will be affected by the loss of the Pinegrove Forest. She felt that the Council was being pressured by the O.M.B. hearing. She stated her concern with the potential density if legislation is passed allowing basement apartments. Pierre Herbert, 1830 Pinegrove Avenue stated his concern with the proximity of the dump and tree preservation. He feels the development is too dense for the area. Brian Houghton, 1786 Pinegrove Avenue reported that there are financial considerations such as major improvements to roads which go well beyond the development charges. He stated that these lands are under investigation by the Province and have been recommended for preservation by the Rouge Valley Committee. He asked Council to reject this development. 39. 40. 8 41. 42. (IV) 22/92 139 Paul Krejcik, 1753 Woodview Avenue asked that Council take into consideration the standard of living of those in the surrounding area. He felt that this proposal would cause too much traffic and requested Council limit this development to the original proposal. Dr. Don Roden, 1816 Pinegrove Avenue stated that this development does not consider the present landowners. The proposed plan is too dense, would create too much traffic and would lower their property values. He requested that Council reject this proposal until to see if Province designates this area as significant. Eva Szabo, 1766 Pinegrove Avenue stated that there is no market for more houses. There is not a proper infrastructure to accommodate this development. Mrs. Francis, 1828 Pinegrove Avenue remarked that Council must see the area as it is to appreciate it's beauty. She stated that the Pinegrove Forest protects the residents from the adverse affects of the dump. This development would create too much traffic for Pinegrove Avenue and the Valley would be unable to hold it. A market study should be completed to see if the development is viable. RESOLUTIONS Resolution #141/92 - See Appendix #1 8 Moved by Council Wellman Seconded by Councillor Johnson That the Report of the Executive Committee Meeting of September 14, 1992, be adopted. CARRIED Resolution #142/92 - See Appendix #2 Moved by Councillor Higdon Councillor Wellman That the Report of the Planning Committee Meeting of September 17, 1992, be adopted with the following amendments: Item #1 was amended to delete amusement as a permitted use. the laundromat and place of Item #2 was amended to add Condition #16 to read as follows: 8 22/92 140 "16. That Planning staff meet with Bramalea and the Ministry of Natural Resources in an attempt to reach an agreement on the delineation of an ANSI within Block 271 of the Town Recommended Plan. Should an agreement be reached between Bramalea Limited, the Town and the Ministry of Natural Resources that a westerly shift in the ANSI boundary is appropriate, then modifications to the plan may occur respecting the westerly extension of lotting along Streets "C", "D", and "E". Such lotting expansion shall not increase the total unit yield of the plan beyond 304 units in the absence of a school on site or 272 units if a school is located on site. Further, Town Council's conditions of approval shall be considered to be amended accordingly. 8 Should an agreement not be achieved on the delineation of an ANSI boundary, this matter will be determined by the Ontario Municipal Board." Item #2 was further amended to add Condition #17 to read as follows: "17. That the owner agree to pay total cost of the improvement of the level crossing at Woodview Avenue." Item #4 was amended to add the phrase "or cross examine" after the phrase "be directed to call."". CARRIED 8 The following items above resolution: were considered in conjunction with the Resolution #143/92 Moved by Councillor Van Kempen Seconded by Councillor Higdon That Item #2 of the Planning Committee Report be amended to add Condition #16 which reads as follows: That Planning staff meet with Bramalea and the Ministry of Natural Resources in an attempt to reach an agreement on the delineation of an ANSI within Block 271 of the Town Recommended Plan. Should an agreement be reached between Bramalea Limited, the Town and the Ministry of Natural Resources that a westerly shift in the ANSI boundary is appropriate, then modifications to the plan may occur respecting the westerly extension of lotting along Streets "C", "D", and "E". Such lotting expansion shall not increase the total unit yield of the plan beyond 304 units in the absence of a school on site or 272 units if a school is located on site. Further, Town Council's conditions of approval shall be considered to be amended accordingly. 8 Should an agreement not be achieved on the delineation of an ANSI boundary, this matter will be determined by the Ontario Municipal Board." CARRIED 22/92 141 Recorded Vote: No: Councillors Higdon, Van Kempen, Arthurs Brenner, Johnson and Pistritto Wellman and Mayor Yes: Resolution #144/92 8 Moved by Councillor Pistritto Seconded by Councillor Johnson That the Town Solicitor request a deferral of draft plan of subdivision 18T-91019 at the ontario Municipal Board. LOST Recorded Vote: Yes: No: Councillors Brenner, Johnson and Pistritto Councillors Higdon, Van Kempen, Wellman Arthurs and Mayor Resolution #145/92 Moved by Councillor Brenner Seconded by Councillor Pistritto That the above resolution be tabled. CARRIED Recorded Vote: 8 No: Councillors Brenner, Higdon, Kempen and Mayor Arthurs Councillor Wellman Johnson, Pistritto, Van Yes: Resolution #146/92 Moved by Councillor Higdon Seconded by Councillor Van Kempen That the above resolution be lifted from the table. CARRIED Recorded Vote: Yes: Councillors Higdon, Van Kempen, Wellman Arthurs Councillors Brenner, Johnson and Pistritto and Mayor No: Resolution #147/92 8 Moved by Councillor Brenner Seconded by Councillor Johnson That a condition be added to Item #2 of the Planning Committee Report that the applicant satisfy Section 2.3.1.4 of the new Durham Official Plan regarding a full environmental impact study. LOST 22/92 142 8 Recorded Vote: Yes: Councillors Brenner, Johnson and Pistritto No: Councillors Higdon, Van Kempen, Wellman and Mayor Arthurs Recorded Vote on Item #2 as amended: Yes: Councillors Higdon, Van Kempen, Wellman and Mayor Arthurs No: Councillors Brenner, Johnson and Pistritto Recorded Vote on Item #3: Yes: Councillors Higdon, Van Kempen, Wellman and Mayor Arthurs No: Councillors Brenner, Johnson and Pistritto Resolution #148/92 Moved by Councillor Wellman Seconded by Councillor Higdon 1. Official Plan Amendment Application 92-7/P That Town Initiated Official Plan Amendment Application 92-7/P, for lands within the Altona Forest Area of the Highbush Community, being Part of Lots 31 and 32, Concession 1, in the Town of pickering, be APPROVED IN PRINCIPLE, as set out in Appendix No. I to Town Planning Report No. 16/90. 8 2. Town Initiated Development Plan Amendment That Town Council authorize Planning staff to prepare appropriate amendments to the Development Plan for the Highbush Community, generally as described in Appendix No. II to Town Planning Report No. 16/90. 3. Special policv Area Road Pattern That Town Council request Planning staff to meet with landowners located within the Special Policy Area of the Altona Forest Area, to discuss alternative road patterns generally as discussed in Town Planning Report No. 16/90; and following such discussion, to report back to Council on a recommended road pattern. 4. Amendment Number 79 to the Pickerinq District Plan That the draft by-law to adopt Amendment Number 79 to the Pickering District Plan, as set out in Attachment #1 to the Planning Director's Memorandum dated September 15, 1992, be forwarded to council for enactment and subsequently, that this Amendment be forwarded to the Ministry of Municipal Affairs for approval. 8 CARRIED Recorded Vote: No: Councillors Higdon, Johnson, Pistritto, Mayor Arthurs Councillors Brenner and Van Kempen Wellman and Yes: 22/92 143 Resolution #149/92 Moved by Councillor Higdon Seconded by Councillor Van Kempen Whereas the Frenchman's Bay Festival was held for the first time this year to raise funds for the purchase of environmentally sensitive lands adjacent to the Bay; and 8 Whereas this Festival should be held annually as a way of educating the ratepayers of the importance of Frenchman's Bay to the Town of Pickering; and Whereas in order to maintain the success and viability of the Festival in future years, the planning and co-ordination of this Festival should be carried out by the staff of the Town of Pickering who will provide the on-going professional expertise needed to make this Festival an annual success; Now Therefore the Council of the Corporation of the Town of Pickering hereby directs that the Frenchman's Bay Festival shall be an annual event to be carried out under the auspices of the Town of Pickering; and That this Festival shall be co-ordinated by the staff of the Department of Community Services and Facilities. Referred to 1993 budqet with the recommendation to qet reports from the Director of Communitv Services and Facilities and T.A.D.R.A. throuqh the Manaqer of Economic Developments 8 Resolution #150/92 Moved by Councillor Pistritto Seconded by Councillor Johnson That the Town Clerk be directed to prepare a by-law to lower the speed limit on Golf Club Road to 40 milometres per hour. CARRIED Resolution #151/92 Moved by Councillor Higdon Seconded by Councillor Pistritto Whereas the Government of the Province of Ontario will be introducing legislation to allow gambling casinos in Ontario; and Whereas casinos tend to destroy the moral fabric of a community and provide a negative temptation for those who have the least amount of money; and 8 Whereas the intent of the Government of the Province of Ontario in allowing casinos is to provide additional tax revenue; 22/92 144 Resolution #151/92 - continued Now Therefore the Council of the Corporation of the Town of Pickering hereby states its opposition to legalizing gambling casinos in the Province of ontario; e and that copies of this resolution be forwarded to Premier Bob Rae; Lynn McLeod, Leader of the Opposition; Mike Harris, Leader of the Progressive Conservative Party; Jim Wiseman, MPP for the Association of Municipalities of Ontario for its endorsation. TABLED Resolution #152/92 Moved by Councillor Pistritto Seconded by Councillor Johnson WHEREAS The Council of the Corporation of the Town of Pickering passed Resolution '120/92 on August 4, 1992 to provide for the circulation of draft By-law 4074/92 to designate a portion of the hamlet of Whitevale as a Heritage Conservation District; and WHEREAS this Resolution provided for the establishment of a citizens' committee to review the Hamlet of Whitevale Heritage Conservation District Plan and submit comments on it the Town Clerk on or before September 18, 1992; and 8 WHEREAS this citizens' committee has requested an extension of this deadline in order to satisfactorily review the District Plan and the Guidelines, make recommendations and submit the findings; NOW THEREFORE the Council of the Corporation of . the Town of Pickering hereby amends Resolution '120/92 as follows: 1. In Sections 1 and 3, the deadline to submit comments on draft By-law 4074/92 shall be changed from October 16, 1992 to December 18, 1992; 2. In Section 2, the deadline for the citizens' committee to report its findings to the Town Clerk shall be changed from September 18, 1992 to November 20, 1992; and 3. In Section 4, the date of the Meeting at which By-law 4074/92 the citizens' committee and the considered shall be changed from January 11, 1993. Executive Committee and the comments of landowners shall be November 9, 1992 to CARRIED LV} BY-LAWS 8 Councillor Johnson, seconded by Councillor Higdon, leave to introduce by-laws of the Town of Pickering: moved for Bv-law Number 4079/92 Being a by-law to adopt Amendment Number 79 to the District Plan in the Town of Pickering (OPA 92-7/P). 22/92 145 IV) BY-LAWS - continued By-law Number 4080/92 e Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Block 56, Plan 40M-1480, in the Town of Pickering. (A 18/92) By-law Number 4081/92 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Concession 1, Town of Pickering (Part 3, Plan 40R-8663 and Part 1, Plan 40R-10048) OPA 90-100/P, A 32/90) By-law Number 4082/92 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Lot 10, Plan 175, Pickering and to repeal By-law 3773/91 (parkhillYiew Estates Limited; 18T-89024). By-law Number 4083/92 Being a by-law to authorize the execution Discharge of the Subdivision Agreement, and respecting that part of Lot 28, Concession comprised of Plan M-1206, Pickering. of a Release and amendment thereto, 1, Pickering, now By-law Number 4084/92 8 Being a by-law to authorize the execution of a permission to Enter and Construct Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Government Services, respecting the reconstruction of Whites Road between Finch Avenue and Taunton Road. By-law Number 4085/92 Being a by-law to authorize the execution of a Release of Indemnification Agreement respecting those parts of Lot 30, Concession 1, Pickering, designated as Part Part 4, Plan 82, Miscellaneous and Part 59, Plan 40R-4433 (Ross Michael Peters and Brenda Carol Peters) By-law Number 4087/92 Being a by-law to restrict the weight of vehicles passing over certain bridges within the Town of Pickering. By-law Number 4088/92 Being a by-law to amend By-law 2632/88 to provide for at: a) the intersection of Maple Gate, Timber Trailwood Court, b) Denmar Road and Jaywin Circle, c) Square. stop signs Court and Brookshire 8 By-law Number 4089/92 Being a by-law to amend By-law 2366/87 designating Falconcrest Driye and Fawndale Road as through highways. 22/92 146 Recorded Vote on By-law Number 4079/92: Yes: Councillors Higdon, Johnson, Pistritto, Mayor Arthurs Councillors Brenner and Van Kempen Wellman and No: 8 THIRD READING Councillor Johnson, seconded by Councillor Higdon, moved that the report of the Committee of the Whole on By-law Numbers 4079/92, 4080/92, 4081/92, 4082/92, 4083/92, 4084/92, 4085/92, 4087/92, 4088/92 and 4089/92 be adopted and the said by-laws 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 Recorded Vote: Yes: Councillors Higdon, Johnson, Pistritto, Mayor Arthurs Councillors Brenner and Van Kempen Wellman and No: IVI) OTHER BUSINESS 1. Prior to the regular meeting, Council endorsed the Ambassador Program and authorized it to be announced at the Economic Banquet. 8 lVII) CONFIRMATION BY-LAW By-law Number 4090/92 Councillor Van Kempen, seconded by Councillor Johnson moved for leave to introduce a By-law of the Town of Pickering to confirm those proceedings of the Council of the Corporation of the Town of Pickering at its meeting held on the 21st day of September, 1992 and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED IVIII) ADJOURNMENT . The Meeting adjourned at 1:25 a.m. 8 Dated October 5th 1992 44~~ Mayor : ~ - /// Á-~ ,--. , Clerk