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HomeMy WebLinkAboutMay 13, 1991 8 8 . 8/91 43 COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday, May 13, 1991 at 8:05 p.m. PRESENT: Mayor W. Arthurs COUNCILLORS: M. Brenner D. Dickerson R. Johnson B. Mitchell K. Van Kempen ALSO PRESENT: N.C. Marshall B. Taylor K. McKay N. Carroll T. Melymuk - Town Manager - Town Clerk - Deputy Clerk - Director of Planning - Deputy Director of Planning Mayor Arthurs paid tribute to the late Councillor Beverley Morgan and her contribution to the municipality. (I) ADOPTION OF MINUTES Regular meeting of April 15,1991. (II ) 1. DELEGATIONS A1 ex Robertson addressed Council wi th respect to the hi ri ng of a consul ti ng fi rm to prepare fi na 1 documents for the Final Report of the Ice Facilities Feasibility Study. He submi tted a peti ti on from seni or citi zens who recogni ze that another ice faci 1 i ty is needed in the communi ty but who object to the expendi ture at this time. He requested that Council defer approval until the Town1s financial situation is improved. 2. See Item #3 of the Executive Committee Report Len Qui gl ey , President of the Pi ckeri ng Hockey Association, stated he appreciates the concerns of the seni or c; ti zens but the need for another ice faci 1 i ty has exceeded expectations and must be addressed. See Item #3 of the Executive Committee Report 8/91 44 (II ) 3. DELEGATIONS - continued 8 Bill Patterson, EMC Group, addressed Council with respect to the draft plan of subdivision and rezoning app1 ication at the northeast corner of Dunbarton Road and Fairport Road. He spoke in support of and requested approval of the staff recommendation. See Item #3 of the Planning Committee Report 4. George Martin, Past President of the Greenwood and Area Ratepayers Association and on behalf of the Claremont Residents Association and the Pickering Rural Association paid tribute to the late Councillor Beverley Morgan. (III) RESOLUTIONS Resolution #43/91 - See Appendix #1 Moved by Councillor Mitchell Seconded by Councillor Brenner That the Report of the Planning Conmittee dated April 18,1991 be adopted. CARRIED The following motion was considered with respect to Item #3: 8 Resolution #44/91 Moved by Councillor Dickerson Seconded by Councillor Brenner That Item #3 of the P1 anni ng Commi ttee Report of Apri 1 18, 1991 be amended to include condition 13 to read as follows: "13. That if the draft plan has not been registered wi thi n two years, the agreement becomes null and void." LOST Recorded Vote: Yes: No: Councillors Brenner and Dickerson Councillors Johnson, Mitchell, Van Kempen and Mayor Arthurs Recorded Vote on Item #3: 8 Yes: Councillors Brenner, Dickerson, Johnson, Mitchell, Van Kempen and Mayor Arthurs 8/91 45 Resolution #45/91 - See Appendix #2 Moved by Councillor Dickerson Seconded by Councillor Mitchell That the Report of the Executi ve Commi ttee dated Apr; 1 22, 1991 be adopted. 8 CARRIED Recorded Vote on Item #3: No: Counci 11 ors Brenner, Di ckerson, Johnson, Mi tche 11 and Mayor Arthurs Councillor Van Kempen Yes: Recorded Vote on Item #6: Yes: Councillors Brenner, Dickerson, Johnson, Mitchell, Van Kempen and Mayor Arthurs Resolution #46/91 8 Moved by Councillor Brenner Seconded by Councillor Mitchell That the Director of Public Works be authorized to proceed with the replacement of the damaged retaining wall on the north side of the Broadgreen Street/Whi tes Road 1 ink as outl i ned in hi s memorandum dated April 19,1991; and that an over-expenditure in the amount of $26,000 in Account 2132-6181 be approved. CARRIED Recorded Vote: Yes: Councillors Brenner, Dickerson, Johnson, Mitchell, Van Kempen and Mayor Arthurs (IV) BY-LAWS Counci 11 or Di ckerson, seconded by Counci 11 or Van Kempen moved for leave to introduce by-laws of the Town of Pickering: By-law Number 3699/91 8 Being a by-law to authorize the execution of an Intermunicipa1 Operating Agreement respecting the Durham 911 Emergency Telephone Reporting System. By-law Number 3700/91 Being a by-law to authorize the execution of a Subdivision Agreement, to authori ze the acqui si ti on of certai n 1 ands and to authorize the execution of related documentation, all respecting the development of part of the Road Allowance between Lots 20 and 21, Concession 2; Block 74, Plan 40M-1512; and Part Lot 20, Concession 2, Pickering (Cougs Investments (Pickering) Ltd; 18T -88077) 8/91 46 (IV) BY-LAWS - continued By-law Number 3701/91 Being a by-law to authorize the execution of a Transfer of a storm sewer easement to The Corporation of the Town of Pickering in Plan 40M-15l3, Pickering. 8 By-law Number 3702/91 Being a by-law to authorize the execution of Transfers of storm sewer easements to The Corporati on of the Town of Pi ckeri ng in Plan 40M-1513, Pickering. By-law Number 3703/91 Being a by-law to amend the Town of Pickering Municipal Code to 1 evy such rates agai nst all of the assessed properti es in the Town of Pickering as will be required to cover the 1991 requisitions from the Durham Board of Education and the Durham Region Roman Catholic School Board By-law Number 3704/91 Being a by-law to amend By-law 2359/87 to prohibit parking during certain hours on a portion of Twyn Rivers Drive. By-law Number 3705/91 Being a by-law to amend the Town of Pickering Municipal Code to 1 evy the rates necessary to cover the estimated 1991 1 evy from the Council of the Corporation of the Regional Municipality of Durham. 8 THIRD READING Counci 11 or Di ckerson , seconded by Counci 11 or Van Kempen moved that the report of the Committee of the Whole on By-laws Number 3699/91,3700/91,3701/91, 3702/91, 3703/91, 3704/91 and 3705/91 be adopted and the said by-law be now read a third time and PASSED and that the Mayor and Cl erk si gn the same and the seal of the Corporation be affixed thereto. CARRIED (V) CONFIRMATION BY-LAW By-law Number 3706/91 8 Counci 11 or Mi tchell, seconded by Counci 11 or 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 13th day of May, 1991 and that the same be now read a first, second and third time 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 (VI) ADJOURNMENT 8 Dated 8 8 8/91 47 The Meeting adjourned at 9:25 p.m. C¿;& ~ APPENDIX 11 TOWN OF PICKERING That the Pl anni ng Commi ttee of the Town of Pi ckeri ng havi ng met on April 18,1991, presents its third report to Council and recommends: 1. TOWN-INITIATED REZONING APPLICATION A25/90 AT 1428,1426 and 1408 ROUGEMOUNT DRIVE FILE NUMBER - B 2310 - A 25/90 8 That Zoning By-law Amendment Application A 25/90 initiated by the Town, on behalf of the 1 andowners on 1 ands bei ng Part of Lots 17 and 18, Pl an 228, Town of Pi ckeri ng, to change the zoning of the properties from an IIR311 zone to an IIR411 zone in order to recognize the existing 15.0 metre lot frontages, be APPROVED subject to the following condition: 1. That By-law 2912/88 be amended to: (a) designate 1408, 1426 and 1428 Rougemount Drive as "R411 - Residential One Family Detached Fourth Density Zone; and clarify that the special provisions established by By-law 2912/88 apply only to lots fronting Rougemount Drive and not to lots fronting Fiddlers Court. (b) 2. DRAFT PLAN OF SUBDIVISION l8T-90027 AND REZONING APPLICATION A24/90 SUBMITTED BY F. MAIDA FAMILY INV. LTD., R. MAIDA GROUP INV. LTD. AND BUILD-UP CONST. LTD. AT THE NORTHEAST CORNER OF DUNBARTON ROAD AND FAIRPORT ROAD FILE NUMBER - B 4100 - l8T-90027 FILE NUMBER - B 2310 - A 24/90 8 That Town Council reconmend to Regional Council that Draft Plan of Subdivision l8T-90027, submitted by EMC Group Limited on behalf of the owners F. Maida Family Investments Limited, R. Maida Group Investments Limited, and Build-up Construction Limited, on lands being Lots 122 and 123, Plan 1051, Town of Pickering, be APPROVED subject to the following conditions: 1. That thi s recommendati on apply to the p1 an prepared by EMC Group Limi ted, dated May 1990 (Project No. P-89l26-P1), as revised in red and bearing the Town's recommendation stamp. 2. That the release of the draft plan of subdivision be wi thhe1 d by the Regi on of Durham unti 1 such time as the Region of Durham Planning Department is satisfied that the students generated by this draft plan requiring acconmodation within a separate school may be accommodated at an existing separate school within the Town of Pickering. 8 3. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. 4. That prior to final registration of this plan, the owner; - 5. 6. 7. 8. 9. 8 10. 11. 12. 8 3/91 2 (a) satisfy the Director of Public Works respecting stormwater management facilities; (b) submi t a Draft 40M-P1 an to be approved by the Town Planning Department; agree that no trees be removed until such time as a tree preserva ti on program has been approved by the Town except as authori zed by the Director of Community Services and Facilities. (c) The owner make satisfactory arrangements with the Town regarding the required parkland dedication. That the owner make satisfactory arrangements regarding the provision of all services required by the Town including the provision of sanitary sewers. to dedicate proper corner That the owner agree roundings to the Town. That the owner agree to convey to the Town: (a) the 3.44 metre road widening shown as Block 11 on the Council Recommended Plan; and (b) any easements as required. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. That the owner submit for approval by the Town, si te plans and streetscape elevations showing the location and rel ati onshi p of all bui 1 di ngs pri or to the issuance of any building permits and that the required architectural statement specifically address the ori entati on of the dwell i ng on Lot 2 to ensure the front wall of the dwelling fronts Fairport Road. That the owner make sati s factory arrangements wi th the Town regarding the removal, demolition and/or retention of all structures on the subject property. That the subdivision agreement contain the following provisions related to Block 10: (a) That Block 10 not be developed until such time as a full 20 metre road allowance is provided from Dunbarton road up to and across the frontage of Block 10, or unti 1 the Block has been appropriately portioned and deeded to abutti ng 1 ands, bei ng Lots 7, 8 and 9 of thi s Plan. (b) That the subdivision agreement contain appropriate provisions requiring that Block 10 be appropriately portioned and deeded to Lots 7, 8 and 9 of this plan if lands to the east, (being Part 7, 40R-ll080, and the rear 20 metres of Lots 46 and 47 of Plan 1051), are not dedi cated and opened as a pub 1 i c hi ghway by December 31, 2002. 3/91 3 (c) That Block 10 be maintained to the satisfaction of the Town until such time as it is developed. That prior to final registration of the plan the owner obtain an appropriate access/maintenance easement to Block 10 over proposed Lot 9, un~l such ~me as Block 10 is developed. (d) . 3. DRAFT PLAN OF SUBDIVISION 18T-90027 AND REZONING APPLICATION A24/90 SUBMITTED BY F. MAIDA FAMILY INV. LTD., R. MAIDA GROUP INV. LTD. AND BUILD-UP CONST. LTD. AT THE NORTHEAST CORNER OF DUNBARTON ROAD AND FAIRPORT ROAD FILE NUMBER - B 4100 - l8T-90027 FILE NUMBER - B 2310 - A 24/90 That Zoning By-law Amendment Application A 24/90 submitted by EMC Group Li mi ted on beha 1 f of the owners F. Ma i da Family Investments Limited, R. Maida Group Investments Limi ted, and Bui 1 d-up Constructi on L imi ted, on 1 ands bei ng Lots 122 and 123, Pl an 1051, Town of Pi ckeri ng, be APPROVED IN PRINCIPLE to impl ement development as proposed by Draft Plan of Subdivision l8T-90027. 8 4. URBAN DESIGN GUIDELINES FOR THE MAIN CENTRAL AREA URBAN DESIGN STUDY - STUDY AREA 2 FILE NUMBER - B 1000 That Planning Report 5/91 respecting the Urban Design Guidel ines for the Main Central Area Urban Design Study - Study Area 2 be received. 8 APPENDIX #2 TOWN OF PICKERING That the Executive Conmittee of the Town of Pickering having met on April 22,1991, presents its eighth report to Council and recommends: 8 1. REZONING APPLICATION A50/89 SUBMITTED BY 285794 ONTARIO LTD. AT THE NORTHWEST CORNER OF LIVERPOOL ROAD AND BAYLY STREET FILE NUMBER - B 2310 - A 50/89 That Zoning By-law Amendment Application A 50/89, submitted by 285794 Ontario Limited, on lands being Block FZ, Plan M-16, Town of Pickering, to permit the development of a four-storey office building, a restaurant, and a gas bar be APPROVED, subject to the following conditions: 1. That prior to the forwarding of an implementing zoning by-law to Town Council, the owner: (a) receive site plan approval from the Town which shall include but not necessarily be limited to consideration of the following matters: (n the concerns of the Canadi an Nati onal Railway with respect to grading and building setbacks; (i i) the concerns of Consumers Gas respecting the relocation of a gas main on the property; 8 (iii) the requirements of the Region of Durham respecting the provision of sani tary sewer servi ce to the development, and with respect to Liverpool Road and Bayly Street access and vehicular traffic flow impacts; (iv) the design of any gas bar proposed for the site to ensure that this use is developed as an integrated component of an office complex in accordance with the Pickering District Plan; (v) the provision of municipal improvements across the Bayly Street and Liverpool Road frontages of the subject property; and (b) enter into an appropriate site/development agreement with and to the satisfaction of the Town. 8 (c) satisfy the Town that soil decontamination on the subject property has occurred to the satisfaction of the appropriate government agencies. 8/91 2 2. That any implementing zoning by-law amendment: (a) establish specific parking requirements, building dimensions and setbacks as determined through the site plan approval process; . (b) establish an appropriate requirement to ensure that the office complex will be constructed prior to, or in conjunction, with other uses permitted on the site; (c) limit the aggregate gross leasable floor area for all permi tted uses except offi ce uses to a maximum of 30 percent of the total gross leasable floor area of all buildings on the site; (d) permit business and professional offices, and restaurants - type D on the property; (e) permit a gas bar on the property if site plan approval is given for the design of thi s use as an integrated component of an office complex; and (f) include an II(H)II - Holding Symbol preceding the zone designation which shall not be removed unti 1 the Regi on of Durham is satisfied with respect to the provision of sanitary sewer service to the development. 8 2. FINAL REPORT OF ICE FACILITIES FEASIBILITY STUDY FILE NUMBER - F 2200 That the Final Report of the Ice Facilities Feasibil ity Study dated March 1991 submitted by Leisureplan International Inc. be received. 3. FINAL REPORT OF ICE FACILITIES FEASIBILITY STUDY FILE NUMBER - F 2200 - That the Department of Conmunity Services and Facilities be given the authority to advertise and select a consulting and/or architectural firm to design and prepare working final documents and cost estimates as per the Ice Facilities Feasibility Study Final Report of March 1991 prepared by Leisurep1an Inc. and the recommendations contained in Report CSF5/91 dated April 11,1991. 4. 8 5. 6. 8 8 3 8/91 MEMBERSHIP ON CLOCA FILE NUMEBR - F 3100 That the Counci 1 of the Corporati on of the Town of Pickering hereby opposes any reduction in the membership of the Central Lake Ontario Conservation Authori ty . SALVATION ARMY DAY - MAY 6,1991 FILE NUMBER - A 2111 That Mayor Arthurs be authorized to make the following proclamation: SALVATION ARMY DAY - May 6,1991 WAIVE RENTAL FEE FOR SHORE MEMORIAL DANCE FILE NUMBER - C 2163 AND F 2600 That the normal rental fee for use of the Pickering Recreation Complex Arena Floor Surface on Saturday, April 27, 1991 from 12:00 noon to 12:00 p.m. midnight be waived in support of the Kevin Shore Memorial Tournament Dance.