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March 26, 2012
citq "0 Council Meeting DICKERING - Agenda Monday, March 26, 2012 Council Chambers 7:30 pm . 7:00 pm In Camera Meeting of Council 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 In Camera Council Meeting Minutes, February 21, 2012 Under separate cover Council Minutes, February 21, 2012 1-21 Joint Planning & Development & Executive Committee Minutes, 22-30 March 5, 2012 IV) Presentations V) Delegations 31 VI) Correspondence 32-59 VII) Committee Reports 60-62 a) Report JT 03-12 of the Joint Planning & Development and Executive Committee VIII) Reports - New and Unfinished Business 63-158 IX) Motions and Notice of Motions 159-173 X) By-laws 174-191 XI) Other Business Accessible For information related to accessibility requirements please contact I CK C ~ Linda Roberts G R~ ~ Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 . Email: Irobertsamickerina.ca XII) Confirmation By-law FOR INFORMATION ONLY • Minutes of the Committee of Adjustment, February 8, 2012 • Minutes of the Sustainable Pickering Advisory Committee, February 8, 2012 • Minutes of the Advisory Committee on Diversity, February 9, 2012 • Minutes of the Heritage Pickering Advisory Committee, February 23, 2012 • Minutes of the Waterfront Coordinating Committee, March 15, 2012 City o~ Council Meeting Minutes ai Tuesday, February 21, 2012 7:30 PM Council Chambers n1 Present: Mayor David Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer E. Buntsma _ Director, Community Services N. Carroll -Director, Planning & Development T. Melymuk - Director, Office of Sustainability G. Paterson - Director, Corporate Services & Treasurer P. Bigioni - City Solicitor B. Douglas - Fire Chief C. Grant - CEO, Pickering Public Library R. Holborn - Division Head, Municipal Property & Engineering S. Reynolds - Division Head, Culture & Recreation S. Karwowski - Manager, Finance & Taxation M. Carpino - (Acting) Manager, Culture & Recreation D. Selsky - Supervisor, Engineering & Capital Works D. Shields - City Clerk L. Roberts - Committee Coordinator (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) Adoption of Minutes 1 City vo _ Council Meeting Minutes A Tuesday, February 21; 2012 7:30 PM Council Chambers G2 Resolution #13/12 Moved by Councillor Dickerson Seconded by Councillor McLean Council Minutes, January 23, 2012 Special In Camera Council Meeting Minutes, February 6, 2012 Special Council Meeting Minutes, February 6, 2012 Planning & Development Committee Minutes, February 6, 2012 Executive [Budget] Committee Minutes, February 9, 2012 Executive Committee Minutes, February 13, 2012 Carried (IV) Delegations 1. Forest Brook Community Church Pickerinq Baha'i Community Chelsea Armstrong appeared before Council on behalf of Forest Brook Community Church to share information and to provide an overview with respect to International Day for Women and International Day for the Elimination of Racial Discrimination. She explained the achievements of women, detailing some of the global events. Ellie Atkinson appeared before Council on behalf of the Pickering Baha'i Community to provide an overview of the Baha'i Faith. She explained that equality of women and men is a fundamental tenant of the Baha'i Faith, noting the importance of equality and education of women. i Ms. Armstrong and Ms. Atkinson extended invitations to attend a Peace and Community Harmony Concert being hosted at the Forest Brook Church on March 3rd to commemorate the United Nations International Day and Week for Women and the UN International Day for the Elimination of Racial Discrimination. 2. Julie Schembri Re: Whitevale Bridge Julie Schembri appeared before Council on behalf of a group of neighbours to express their desire to see the Whitevale Bridge replacement postponed until a response has been received from the Minister of the Environment. She noted that while they understand the need to replace the bridge, they felt that 2.5 million was an excessive amount for a bridge which will serve less than 100 families. She questioned whether the plans for the bridge comply with the Federal gas tax regulations relating to 2 Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers n~ clean water, air and reduction of greenhouse emissions. She asked that Council carefully consider the budget for the bridge, as they felt the bridge could be constructed for less money. A question and answer period ensued with questions regarding safety concerns, the number of commuters utilizing the bridge, reduced widths and whether the removal of the budget item would impact timelines for the bridge construction. Discussion also ensued with respect to whether the replacement bridge would be in keeping with the Heritage Conservation District Guidelines. 3. Accessibility Advisory Committee Keith Falconer appeared before Council on behalf of the Accessibility Advisory Committee requesting an increase in the 2012 proposed budget to allow for a dedicated reserve fund to cover the costs associated with the 5 year forecast for the Accessibility Advisory Committee. He explained the five standards under the Ontarians with Disabilities Act and the associated timelines involved in order to meet the compliance date of 2025. Terry Arvisais, Vice-Chair, Accessibility Advisory Committee appeared before Council and provided a detailed overview of the projected costs in the Accessibility Advisory Committee's 5 year forecast. He noted that the projects would be approximately 3.3 million over the next 5 years. He also noted the need for a more aggressive approach with respect to Accessibility projects to meet the requirements under the Act. A question and answer period ensued. (V) Correspondence 1. Corr. 04-12 Ontario 9-1-1 Advisory Board Resolution #14/12 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. No. 04-12 received from Ontario 9-1-1- Advisory Board seeking financial assistance in the suggested amount of $100.00 from each Ontario municipality with respect to the implementation and operation of 9-1-1- Emergency Numbers systems in Ontario be endorsed. Carried 3 I C~~o¢► _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM O Council Chambers 2. Corr. 05-12 Lon Harnish Rotary Club of Ajax 255 Huntingwood Drive Oshawa, ON L1J 7C6 Resolution #15/12 Moved by Councillor Dickerson Seconded by Councillor McLean That Corr. No. 05-12 received from Lon Harnish, Fundraising Chairperson, Rotary Club of Ajax, seeking Council endorsement for the 2012 Pickering Ribfest to be a pet free annual event be endorsed. Carried 3. Corr. 06-12 J. Dike, Chair Waterfront Coordinating Committee Resolution #16/12 Moved by Councillor Dickerson Seconded by Councillor O'Connell That Corr. 06-12 received from J. Dike, Chair, Waterfront Coordinating Committee, submitting the 2010 Annual Report and the proposed 2012 Work Plan on behalf of the Waterfront Coordinating Committee be received for information. Carried (VI) Committee Reports 1. Director, Planning & Development, Report PD 03-12 Zoning By-law Amendment Application A 11/11 Jodee Truck Leasing Ltd. 2580 Brock Road .(Part Lot 10, Plan 585) City of Pickerinq Resolution #17/12 Moved by Councillor Dickerson seconded by Councillor Rodrigues 4 Cal 'q _ Council Meeting Minutes RE'; Tuesday, February 21, 2012 7:30 PM Council Chambers 05 1. That Zoning By-law Amendment Application A 11/11, submitted by Jodee Truck Leasing Ltd., to permit a four to six storey commercial building on lands being Part Lot 10, Plan 585 be approved; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 11/11, as set out in Appendix I to Report PD 03-12, be finalized and forwarded to City Council for enactment. Carried Later in the meeting [Refer to following motion] Resolution # 18/12 Moved by Councillor Pickles Seconded by Councillor McLean That the main motion be amended to include the following as Item 2 and that Item 2 be renumbered as Item 3; 2. That any future site plan approval on the lands be conditional on obtaining a clearance from the Trustee of the Duffin Heights Landowners Group, confirming that the owner has satisfied all financial and other obligations pursuant to the Duffin Heights Cost Sharing Agreement. The main motion was then Carried as amended. 2. "Director, Planning & Development, Report PD 04-12 Zoning By-law Amendment -A 18/08 2075729 Ontario Ltd. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316), City of Pickering Resolution #19/12 Moved by Councillor Pickles Seconded by Councillor Dickerson That Report PD 04-12 of the Director, Planning & Development be referred to the March 26th Council meeting. Carried Report EC 2012-03 of the Executive Committee 5 Cut, 04 _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 06 1. Director, Office of Sustainability, Report OS 02-12 Sustainable Pickering Program -2011 Year-end Summary and 2012 Work Plan Council Decision That Council receive for information Report OS 02-12 respecting the 2011 year-end summary and 2012 work plan for the Sustainable Pickering Program. 2. Director, Community. Services, Report CS 08-12 Local Look Back Program Essay/Speech Competition Council Decision 1. The Report CS 08-12 from the Director, Community Services regarding the Local Look Back Program be received; 2. That the City of Pickering assist with the promotion of the Local Look Back Program by posting the program flyer/information on the City's website; 3. That the program flyer/information be modified to meet Corporate standards and that the City of Pickering provide 150 copies of the program flyer to Rosemary McConkey for distribution to participating Pickering schools; 4. That Rosemary McConkey put together and coordinate a selection team to review the essays submitted by participating Pickering schools and that not more than 15 student essays be selected for recognition; 5. That City Council recognize the selected students from Pickering schools with certificates of appreciation at a future Council meeting; and 6. That the Durham District School Board and Durham Catholic District School Board coordinate the attendance of selected students from Pickering schools to the Council meeting. Resolution #20/12 Moved by Councillor Ashe Seconded by Councillor McLean That Report EC 2012-03 of the Executive Committee dated February 13, 2012, be adopted. Carried 6 Cif Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers n7 (VII) New and Unfinished Business 1. Director, Corporate Services & Treasurer, Report CST 02-12 2012 Current Budget and Financial Statements Excluded Expenses Reporting as Required by Ontario Regulation 284/09 Resolution #21/12 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CST 02-12 of the Director, Corporate Services & Treasurer be received; and, 2. That Report CST 02-12 of the Director, Corporate Services & Treasurer regarding the exclusion of certain expenses from the 2012 Budget be adopted in accordance with the provisions of Ontario Regulation 284/09 of the Municipal Act 2001. Carried 2. Director, Corporate Services & Treasurer, Report CST 03-12 2012 Current & Capital Budgets The Chief Administrative Officer noted that all the revisions as directed at the February 9th Executive Budget meeting had been incorporated into the report, for an overall increase on the property tax base of 2.11 He also made note of two revisions to the recommendation portion of the report. A detailed discussion period ensued with respect to the Whitevale Bridge as well as future plans for Whitevale Road. Numerous questions were posed regarding traffic issues, the age and safety concerns of the bridge, timelines for construction, width and design elements for the bridge and what the results of deferring this budget item to 2013 would be. Staff provided clarification accordingly. i Resolution #22/12 Moved by Councillor Dickerson Seconded by Councillor Pickles 1. That Report CST 03-12 of the Director, Corporate Services & Treasurer be approved; 7 i Cal a~ Council Meeting Minutes -.0 VW a Tuesday, February 21, 2012 7:30 PM 9 Council Chambers 0 a) That the 2012 Current Budget expenditure for personnel expenditures, consisting of salaries and wages (Account 1100), overtime (Account 1200) and employer contributions (Account 1400), in the total amount of $44,598,940 be approved; b) That the 2012 Gross Current Budget expenditures for City purposes in the amount of $31,872,296 (excludes personnel expenditures) less estimated current revenues of $27,763,478 (City Revenues of $27,300,478 plus 463,000 for assessment growth) and net transfer from the Rate Stabilization Reserve of $2,560,338 ($2,817,338 less $257,000) for City operations be approved; c) That the Capital from Current expenditure in the amount of $1,602,050 funded by $952,000 from property taxes and $650,000 from a transfer from the Rate Stabilization Reserve be approved; d) That the total final City levy under a), b) and c) above plus an additional $100,000 for Seaton Professional fees and $75,000 funding for new seniors centre (transferred to reserve) for a total final levy of $47,274,470 which is approximately a 2.93% increase over 2011 be approved; 2. a) That the 2012 Capital Budget for the City of Pickering with a Gross Expenditure of $31,409,625 be adopted as preserfted and financing as amended below; b) That the financing of the following projects contained in the draft 2012 Capital Budget be revised as follows: Project Original Financing Revised Financing East Shore Senior's Centre Roof Replacement (5701.1202.1701) Debt - 5 year $156,000 - Federal Gas Tax Reserve Fund - $156,000 (5701.1202.7505) Greenwood Community Centre Roof Replacement (5719.1202.1623) Invest in Ontario Grant $90,000 - Federal Gas Tax Reserve Fund - (5701.1202.7505) $90,000 8 City o~ Council Meeting Minutes Tuesday, February 21, 2012 _ _ 7:30 PM Council Chambers 09 Third Concession (5320.1213.1701) Debt - 5 Year $275,000 - Development Charges - Roads (5320.121.3.7610) - $69,000 City Share DC Projects (5320.1213.7022) - $206,000 c) That the following capital financing sources be approved as presented in the amended 2012 Capital Budget: Transfer from Current Fund to Capital Fund $951,575 Transfers from Reserves: -,Rate Stabilization Res (7021) 650,475 = Dunbarton Pool Surcharge (7032) 33,000 - Don Beer Arena Res. (7033) 90,000 - Rec Complex Core Surcharge (7034) 50,600 - Rec Complex Pool Reserve (7035) 18,000 -Rec Complex Arena (7036) 50,000 - Vehicle Replacement Res (7040) 60,000 - Move Ontario Reserve (7043) 56,600 - Land Purchase Reserve (7047) 200,000 Financial Systems Reserve (7049) 275,000 Transfers from Reserve Funds - Development Charges (7610 to 7620) 843,751 - Parkland Development (7502) 550,000 - Federal Gas Tax Funds (7505) 3,203,000 - City Share Dev. Charges Projects (7022) 1,198,724 - Third Party Contribution (7501) 200,000 Debt - 5 yr 1,395,000 Debt - 10 yr 2,855,000 Debt - 20 yr 2,875,000 Internal Loan - 5 yr 345,000 Provincial Grant - Invest in Ontario 228,900 9 I Caq Council Meeting Minutes Tuesday, February 21, 2012 PICnRING 7:30 PM Council Chambers ~4 0 Provincial Grant -Trans. Initiatives 140,000 Provincial Grant - Municipal Rd. Infrastructure 235,000 Provincial Grant - Frenchman's Bay 3,000,000 Federal Grant - Frenchman's Bay 3,000,000 York Region Funding Agreement 1,835,000 Sale of Land - Duffin Heights (1595) 7,000,000 Donations (1592) 70,000 Total $31,409,625 d) That total external debt financing of $7,125,000 for the projects identified in the 2012 Capital Budget, and as indicated in this report, in the amount of $1,395,000 for a period not to exceed 5 years, $2,855,000 for a period not to exceed 10 years and $2,875,000 for a period not to exceed 20 years be approved; e) That the internal loan in the amount of $345,000 be undertaken at the discretion of the Director, Corporate Services & Treasurer; f) That projects identified in the 2012 Capital Budget as being financed through the issuance of debt be subject to additional, specific approval of the expenditure and the financing by Council; g) That any debt repayment, interest or financing provisions contained in the annual Current Operating Budget not used in the current year's payments requirements may, at the discretion of the Director, Corporate Services & Treasurer, be used to apply towards additional principal repayment, outstanding loan or debt charges or to reduce debt, internal loans or any other amounts to be financed; h) That all Capital expenditures or portions thereof, approved in the 2012 Capital budgets to be financed through the issuance of debt, may, at the discretion of the Director, Corporate Services & Treasurer, be financed through internal loans, current or capital funds or a combination thereof; i) That the Director, Corporate Services & Treasurer be.authorized to make draws from Reserve and Reserve Funds for projects included in the approved capital budget up to the amount approved; j) That the Director, Corporate Services & Treasurer be authorized at his discretion to apply any excess funds through the issuance of debentures as provided for under Section 413 of the Municipal Act, 2001 as amended; 10 Cyr o¢ _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 11 3. That Council approve the cancellation of the 2010 capital project (Account 5780.1023) Frenchman's Bay Harbour Entrance Project; 4. That the Director, Corporate Services & Treasurer be authorized to transfer: a) Any surplus current operating funds at year-end in excess of approximately $125,000 in the following ratio: 30% to the Rate Stabilization Reserve (7021), 30% to the Capital Equipment Replacement Reserve (7001) and 40% to the City Share DC Projects Reserve (7022); b) Any funds necessary from the Rate Stabilization Reserve in order to ensure that the Current Budget results in a year end surplus of no less than $125,000; c) The balance in the Capital Maintenance & Management System Reserve (7046) to the Financial Systems Reserve (7049) and the Capital Reserve be closed; d) $75,000 to the new Senior Centre Reserve (7050). 5. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, in order to ensure that the budget plan accommodates any reallocation of 2012 current operating expenditures and revenues resulting from any reorganization and to reflect any adjustment in taxes or tax rates due to Provincial and Regional tax policy changes; 6. That any under expenditures from projects funded from Reserves or Reserve Funds may be used to fund over expenditures for approved projects funded from the same source(s); 7. That the Director, Corporate Services & Treasurer be authorized to: a) Undertake transactions in the spot or forward (12 months or less) currency markets in order to effect United States dollar denominated expenditures in the Current or Capital Budgets; b) Enter into leases or rental agreements for the provision of vehicles or equipment required for temporary use during periods of equipment breakdown or repair or during periods of increased need (eg. inclement weather); ' c) Restate the 2012 Current Operating Budgets, Accounts 1100 (Salaries & Wages), 1200 (Overtime) and 1400 (Employer Contributions), to reflect any CUPE negotiated settlement; 11 Ctcy o~ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 8. That Council pass the attached General Municipal Fees and Charges By-law which provides for the fees and charges that are incorporated into the 2012 Current Budget; 9. That the Director, Corporate Services & Treasurer be authorized to adjust, where appropriate, the per kilometre travel expense reimbursement rate during the year in order to maintain a reasonable level of reimbursement with any increase in cost being met from under expenditures in other accounts; 10. That Council approve the reallocation of the Seaton Professional fees. expenditure of $300,000 to account 2126.2392.0000 General Government Purchased Services to facilitate reporting requirements to the appropriate cost centre; 11. That Council approve the continuing engagement of the firm of Watson and Associates to complete the following projects: City Development Charge Study, Seaton Development Charge Study, City-wide Seaton Development Charge Study, Seaton Financial Impact Study and any other studies related to Seaton and or Duffin Heights; 12. That the Director, Corporate Services & Treasurer be authorized to initiate or defend any assessment appeals necessary to protect the City's interests including the engagement of the firm Walker Poole Nixon LLP and the firm of Municipal Tax Equity Consultants; 13. That the Director, Corporate Services & Treasurer be authorized to undertake the purchase of the Citywide Tangible Assets software program from Public Sector Digest Inc. at a total cost of $35,000 as provided for in the 2012 Current Budget (2196.5974). 14. That Council authorize the Director, Corporate Services & Treasurer to refinance the remaining portion of the debenture issue for the Expansion and Renovations of the Don Beer Arena as follows: a) that the sum of $1,057,000 be financed by the issue of debentures through the Regional Municipality of Durham for a period not exceeding ten years; b) that the issuing cost be funded from property taxes: c) that the annual repayment charges in the approximate amount of $122,000 be included in the annual Current Budget commencing in 2013 and thereafter until the debt is repaid; 12 City off. Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 13 d) that the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions or take any actions necessary in order to effect the foregoing; e) That the draft by-law attached to this report be enacted; 15. That any funds remaining unspent in account 5719.1013.6.183 at the end of any fiscal year be transferred to the Reserve for Accessibility Initiatives; and, 16. That the appropriate staff of the City of Pickering be given authority to give effect thereto. Carried on a Divided Motion Later in the Meeting [Refer to following motions] Resolution # 23/12 Moved by Councillor Rodrigues Seconded by Councillor O'Connell That the 2.5 million allocation for the Whitevale Bridge Replacement be removed from the proposed 2012 budget. Motion Defeated on a Recorded Vote as follows: Yes No Councillor O'Connell Councillor Ashe Councillor Rodrigues Councillor Dickerson Councillor McLean Councillor Pickles Mayor Ryan A brief discussion period ensued with Councillor O'Connell requesting financial statements be submitted from DWAC. Resolution # 24/12 Moved by Councillor Rodrigues Seconded by Councillor O'Connell 13 caq oo _ Council Meeting Minutes Tuesday, February 21, 2012 PPICTKE 7:30 PM Council Chambers 44 That $20,000 of the total $30,000 grant to DWAC be removed from the 2012 proposed budget. Motion Defeated on a Recorded Vote as follows: Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan. A discussion period ensued with respect to requesting organizations which receive funding from the City of Pickering to provide financial statements. Resolution #25/12 Moved by Councillor McLean Seconded by Councillor O'Connell That funds not be extended to any organizations which receives funding from the City of Pickering until financial statements are reviewed by the Chief Administrative Officer and Treasurer. Motion Defeated on- a Recorded Vote as follows: Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan Resolution #26/12 Moved by Councillor Pickles Seconded by Councillor Ashe That the request for financial statements from all organizations be referred to staff to report. 14 Caq o~ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 15 Motion Defeated on a Recorded Vote as follows: i Yes No Councillor Ashe Councillor Dickerson Councillor Pickles Councillor McLean Mayor Ryan Councillor O'Connell Councillor Rodrigues Council took a ten minute recess.and reconvened at 10:05 pm Discussion ensued with respect to the Frenchman's Bay Harbour Entrance. Clarification was provided with respect to the jurisdiction of the entrance and funding. Resolution # 27/12 Moved by Councillor O'Connell Seconded by Councillor Rodrigues That 1.5 million of debt financing for the Frenchman's Bay Harbour Entrance be removed from the proposed 2012 Capital Budget. Motion Defeated on a Recorded Vote as follows: Yes No Councillor O'Connell Councillor Ashe Councillor Rodrigues Councillor Dickerson Councillor McLean Councillor Pickles Mayor Ryan Resolution # 28/12 Moved by Councillor O'Connell Seconded by Councillor McLean That the Treasurer be directed to reallocate $56,770, the cost savings found and reduced during the Executive Budget Committee meeting to the Accessibility Capital Budget and that the funds received by the City as reimbursement for legal fees also be 15 Citq Council Meeting Minutes _ Tuesday, February 21, 2012 PICKE 7:30 PM 16 Council Chambers allocated to the Accessibility Capital Budget up to $3,230 to bring the total Accessibility Capital Budget increase to a total of $60,000 and that the Seaton legal fee reduction not be included in this reallocation. Motion Defeated on a Recorded Vote as follows: Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan Councillor O'Connell noted her concerns with the total debt ratio and rate stabilization reserves, noting the need for more long term planning. Resolution # 29/12 Moved by Councillor Rodrigues Seconded by Councillor O'Connell That the main motion be divided to have the resurfacing of Sideline 20 dealt with separately. Carried Unanimously Moved by Councillor Rodrigues Seconded by Councillor O'Connell That the resurfacing of Sideline 20 in the amount of $150,000, be approved. Carried Unanimously The main motion was then Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor McLean Councillor Pickles Mayor Ryan 16 i • I City O0 Council Meeting Minutes _ Tuesday, February 21, 2012 7:30 PM Council Chambers 17 3. Director, Community Services, Report CS 09-12 City of Pickering Comments on the Regional Cycling Plan Review Resolution #30/12 i Moved by Councillor Ashe Seconded by Councillor Dickerson 1. That Report CS 09-12 of the Director, Community Services regarding the Regional Cycling Plan Review be received; 2. That Regional Council be requested to direct Regional staff to: a) modify the current work plan such that the presentation of the draft updated Regional Cycling Plan is made at the May 24, 2012 Joint meeting of the Finance and Administration, Planning and Economic Development, Works and Health and Social Services Committee instead of the March 22, 2012 meeting; b) include a commitment that will ensure continuous, reliable and sustainable funding to address the construction, repair, maintenance, monitoring and promotion of the Regional Cycling Plan through the development of an on-going 5 year capital plan as part of the Region's annual budgeting process; c) recommend a revision to the current regional policy in order that implementation initiatives of the Regional Cycling Plan are not confined to strictly correspond with road improvement projects, but may also be considered independent of road construction to close network gaps and facilitate key connections along cycling spines identified in the Regional Cycling Plan; d) modify the current work plan to require public and stakeholder consultation to be undertaken by the Region, given that updating the Regional Cycling Plan is a Regional initiative and is inter-municipal in scope; 3. That Regional Council be requested to provide the area municipalities, stakeholders and public with sufficient time to analyze the draft updated Regional Cycling Plan by requesting comments no later than September 30, 2012; and 17 City 0~ _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 4. Further, that the City Clerk forward a copy of Report CS 09-12 to the Regional Municipality of Durham and all local municipalities in Durham Region. Carried 4. Director, Office of Sustainability, Report OS 04-12 Proposed Southwestern Ontario Development Fund -Ministry of Economic Development and Innovation Resolution #31/12 Moved by Councillor Ashe Seconded by Councillor Dickerson 1. That Report OS 04-12 regarding the proposed Southwestern Ontario Development Fund - Ministry of Economic Development and Innovation, be received; 2. That Pickering Council request the Minister of Economic Development and Innovation to ensure that all municipalities in the Province have equal access to development funding opportunities; and 3. That the City Clerk forward a copy of this report to the Premier of Ontario, the Minister of Economic Development and Innovation; the Minister of Finance, the MPPs for Pickering- Scarborough East, Ajax-Pickering, and all other members of Provincial Parliament in Durham Region, Regional Council and all municipal councils in Durham, and all Boards of Trade in Durham Region and all Chambers of Commerce in Durham Region. Carried (VIII) By-laws 7190/12 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property. 7191/12 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended,-to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 10, Plan 585, in the City of Pickering. (A 11/11) 7192/12 Being a by-law to dedicate that part of Lot 6, Registrar's Compiled Plan 819, being Part 3, Plan 40R-27362, Pickering, as public highway. 18 City 00 _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers 19 7193/12 Being a by-law to dedicate that part of Lot 20, Concession 3, designated as Part 2, Plan 40R-27282 as a public highway and name it Winville Road and to dedicate those parts of Lot 19, Concession 3, designated as Parts 2 and 7, Plan 40R-27228 as a public highway and name them Zents Drive. 7194/12 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees. 7195/12 Being a by-law to dedicate that part of Lot 12, Plan 282, being Part 10, Plan 40R- 27230, Pickering, as public highway. 7196/12 Being a by-law to confirm the authorization of the issuance of refunding debentures in the amount of $1,057,000 for the expansion and renovations of the Don Beer Arena in the City of Pickering. Third Reading: Councillor Ashe, seconded by Councillor Dickerson moved that By-law Numbers 7190/12 to 7196/12, 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. (X) 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. Resolution #32/12 Moved by Councillor McLean Seconded by Councillor Dickerson That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to be discussed relate to personal matters about an identifiable individual. Carried a) Confidential Verbal Update from the Division Head, Human Resources with Respect to Personnel Matters Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 19 City o~ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers ?0 b) Appointments to Advisory Boards and Committees Information on the applications were reviewed In Camera in accordance with the Municipal Freedom of Information and Protection of Privacy Act and the personal information was used solely for the purpose of assessing the applicant's qualifications for appointment to one of the City's Advisory Committees. That the following appointments be confirmed thereto for a term to expire on November 30, 2014. Heritage Pickering Advisory Committee Janet Mehak Elke Pryswitt Charles Sopher Carried in an Open Session of Council (IX) Other Business The Chief Administrative Officer was requested to action the following; 1) Councillor O'Connell requested an update from DWAC regarding how grant money has been spent to date and what future initiatives have been planned. 2) Councillor O'Connell requested that the City Clerk confirm Council and all Advisory Committees what the role of the Council Representative is and to investigate motions that have been moved by a Council Representative and have them properly moved by Committee members. (X) Confirmation By-law By-law Number #7197/12 Councillor Ashe, seconded by Councillor Dickerson 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 February 21, 2012. (XI) Adjournment Moved by Councillor Dickerson Seconded by Councillor McLean .20 Citq oo _ Council Meeting Minutes Tuesday, February 21, 2012 7:30 PM Council Chambers ?1 That the meeting be adjourned at 11:40 pm. Carried Dated this 21St day of February, 2012. Mayor David Ryan Debbie Shields City Clerk 21 Cis,, 0~ Joint Planning & Development and Executive Committee Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers 2 Chair: Councillor Pickles Present: Mayor Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer P. Bigioni - City Solicitor B. Douglas - Fire Chief M. Carpino - (Acting) Manager, Culture & Recreation R. Pym - Principal Planner - Development Review D. Wylie - Senior Planner - Policy A. Yearwood - Planner I D. Shields - City Clerk L. Roberts - Committee Coordinator (1) Disclosure of Interest Councillor McLean noted a disclosure of interest with regards to Chief Administrative Officer's Report, CAO 04-12, as he resides on Goldenridge Road. (II) Delegations Destination Imagination Group - The Smarties Students of William Dunbar Public School appeared before the Committee to provide an overview of their Destination Imagination Team "The Smarties". They provided details on the outreach project that their team is involved in with respect to homelessness and poverty within the community. They explained how they want to make a difference for families in need and through fundraising initiatives have raised 1 cis Joint Planning & Development and Executive Committee Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers Chair: Councillor Pickles 2 3 a total of 1,574 items which have been distributed throughout the community. They explained some of their recommendations such as the need for shelters as well as space for food banks. (II) Part `A' - Information Reports Ross Pym, Principal Planner, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. He outlined the notification process procedures and 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 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. 1. Information Report No. 02-12 Draft Plan of Subdivision SP-2011-04 Zoning Amendment Application A 17/11 Kindwin (Brock) Development Corporation 2077, 2095 Brock Road (Part of Lot 18, Concession 2), City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Deborah Wylie, Senior Planner, Policy, provided an overview of Draft Plan of Subdivision SP-2011-04 and zoning by-law amendment application A 17/11. Bryce Jordan, Sernas and Associates appeared before Committee on behalf of the applicant to answer questions. He noted they had met with the Islamic Centre to discuss road systems within the development and discussions would continue throughout the application process. Angelo Mattactiene, 56 Goddard Street, North York appeared before the Committee on behalf of his mother, who owns the property just north of the Baptist Church. He expressed their fears of becoming land locked and questioned whether there would be a north/south road connection which would give access to his mother's property. Joe Holley, 1693 Major Oaks Road, appeared before the Committee expressing his concerns with existing traffic and pedestrian issues due to the Islamic Temple. He noted the current schematics will increase these existing problems, in particular on Fridays when the Islamic Temple is at peak usage. He noted parking is taking place 2 citq oo Joint Planning & Development and Executive Committee Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers 24 Chair: Councillor Pickles across the street with pedestrians crossing which adds to the chaos, noting accidents have occurred in the past. He also questioned whether the schools in the area could support additional enrolment from the development. Bryce Jordan appeared before Committee to address the concern relating to pedestrian crossings. He indicated signalized intersections would be installed at Major Oaks Road. A question and answer period ensued with staff providing clarification regarding the location of the stormwater pond, access from the parking lot, material types for fencing as well as privacy and security concerns. It was also questioned whether community engagement would take place. 2. Information Report No. 03-12 Draft Plan of Condominium CP-2011-03 Grossi Group Development Inc. 361 Chickadee Court (Block 18, Plan 40M-1827), City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to the above noted application. Ashley Yearwood, Planner I provided an overview of draft plan of Condominium CP- 2011-03. Frank Grossi, the applicant, appeared before the Committee in support of the application and to answer any questions. No members of the public appeared in support or opposition to the application. A question and answer period ensued. (III) Part`B' - Planning & Development Reports 1. Director, Planning & Development, Report PD 06-12 Zoning By-law Amendment Application A 26/08 A. Adjedani 1234 Kingston Road, Lot 17, Plan 489, City of Pickering Grant Morris, consultant for the applicant, appeared before the Committee stating he would be available to answer any questions. 3 Cttq Joint Planning & Development and Executive. Committee PICKEREMG Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers Chair: Councillor Pickles A question and answer period ensued with respect to shared driveways, sidewalk elevations, vegetation and drainage and grading concerns. It was also questioned what type of commercial business would be locating here as well as storage facilities for garbage. Council suggested staff investigate drainage issues in the rear of 1234 Kingston Road and abutting lands to the north and west and seek to remedy any drainage concerns through the development process associated with this application. Recommendation Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That Report PD 06-12 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 26/08 submitted by Ali Adjedani to permit limited commercial uses within an existing building on lands being Lot 17, Plan 489, City of Pickering be approved subject to the conditions outlined in Section 3.7 to Report PD 06-12; 3. That the owner be required to install an ecologizer unit for odour control in association with any bakery or restaurant use on the property and this requirement form part of any site plan approval for this property; 4. That the draft zoning by-law to implement Zoning By-law Amendment Application A 26/08, as set out in Appendix I to Report PD 06-12, be forwarded to City Council for enactment, and; 5. Further, that Council endorse the granting of an easement over abutting City-owned lands being part of the unopened Wilanna Road right-of-way and part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey as shown on Attachment #10 to Report PD 06-12), in favour of the owner of 1234 Kingston Road, to be used for grading and sanitary/stormwater service connections. Carried 2. Director, Planning & Development, Report PD 07-12 Draft Plan of Subdivision Application SP-2011-02 Draft Plan of Condominium Application CP-2011-02 Zoning By-law Amendment Application A 12/11 Maddy Development Inc. 1290 &1292 Old Orchard Avenue (Lot 8 and Part of Lot 7 & 9, Plan 432), City of Pickering 4 Cttq _ Joint Planning & Development and Executive Committee Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers 26 Chair: Councillor Pickles Allan Windrem, agent for the applicant appeared before the Committee thanking staff for their efforts and assistance with respect to the application. He stated his opposition to the proposed separation distance between garages and requested Committee support a 1.2 metre interior side yard width, stating this would not impact on the streetscape. He also noted this would have a desirable effect by reducing parking on the street by allowing a full 2 car garage. Marlene Walker, 829 Douglas Avenue appeared before the Committee in opposition to amending the current zoning to reflect a 1.2 metre setback. She indicated the original zoning was for 7.5, and noted it was her desire to see this remain. A question and answer period ensued with questions raised regarding rear yard setbacks as opposed to side yard. It was noted that it was the recommendation of staff that the 1.8 metre separation be maintained which would still allow for two car garages. Further discussion ensued with respect to garage size, tree preservation as well as the history of setbacks as it relates to this application. Staff provided clarification with respect to common elements, fencing and landscaping. Recommendation Moved by Councillor Ashe Seconded by Mayor Ryan 1. That Report PD 07-12 of the Director, Planning & Development be received; 2. That Draft Plan of Subdivision Application SP-2011-02 submitted by Maddy Development Inc. to permit a single block plan of subdivision on lands being Lot 8 and Part of Lot 7 & 9, Plan 432, City of Pickering, be approved subject to the conditions outlined in Appendix I to Report PD 07-12; 3. That Zoning By-law Amendment Application A 12/11 submitted by Maddy Development Inc., to amend the zoning of the subject property to permit detached dwellings accessed by a common element condominium be approved in accordance with the standards set out in Appendix II of Report PD 07-12; and 4. Further, that the draft zoning by-law to implement Zoning Amendment Application A 12/11, as set out in Appendix II to Report PD 07-12, be finalized and forwarded to City Council for enactment. Carried Later in the Meeting (Refer to following motion) 5 Citq o o o Joint Planning & Development a Executive Committee PIG~ERJNG Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers Chair: Councillor Pickles 2 7 Moved by Councillor Dickerson Seconded by Councillor McLean That the main motion be amended by changing Item 3 to read as follows: 3. That Zoning By-law Amendment Application A 12/11 submitted by Maddy Development Inc., to amend the zoning of the subject property to permit detached dwellings accessed by a common element condominium be approved in accordance with the standards set out in Appendix II of Report PD 07-12, as amended, to reflect a minimum 1.2 metre horizontal distance between buildings for lots 1 and 2, 3 and 4, and 7 and 8; and Carried The main motion as amended was then Carried. 3. Chief Administrative Officer's Report, CAO 04-12 Louisville Homes Limited, Plan of Subdivision 40M-2299 -Final Assumption of Plan of Subdivision Recommendation Moved by Councillor Ashe Seconded by Councillor Dickerson 1. That Goldenridge Road, Rushton Road and Fairport Road within Plan 40M-2299 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2299, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2299 be released and removed from title; and 4. That the draft by-law to dedicate Blocks 19 and 20, Plan 40M-2299 as public highway be enacted. Carried 6 Cdq oo Joint Planning & Development and Executive Committee FICK&E Meeting Minutes Monday, March 5, 2012 28 7:30 pm - Council Chambers Chair: Councillor Pickles (IV) Part`C' - Executive Committee Reports 1. Director, Community Services, Report CS 03-12 The Canadian Progress Club - Durham South -Front Street Centre Lease Renewal A brief discussion period ensued with questions raised regarding the existing users, and whether there were any non-community licenses. It was also questioned how the term of the lease is determined. Recommendation Moved by Councillor McLean Seconded by Mayor Ryan 1. That Report CS 03-12 be received by Council and; 2. That the Mayor and City Clerk be authorized to execute a renewal lease agreement to permit The Canadian Progress Club - Durham South to continue their use for club and community purposes at the Front Street Centre from February 1, 2012 to January 31, 2015 that is acceptable to the Director, Community Services and the City Solicitor. Carried 2. Director, Community Services, Report CS 06-12 The Claremont Lions Club -Management Agreement Renewal Discussion ensued with respect to 3 year lease agreements to maintain an overall consistency. Councillor O'Connell questioned the rationale with having a 5 year lease and requested further information in this regard. Recommendation Moved by Councillor Ashe Seconded by Councillor O'Connell 1. That Report CS 06-12 be received by Council; and 7 city o0 Joint Planning & Development and Executive Committee - Meeting Minutes Monday, March 5, 2012 7:30 pm - Council Chambers Chair: Councillor Pickles2 9 2. That the Mayor and City Clerk be authorized to execute a management agreement renewal to which the Claremont Lions Club will be permitted to continue to provide certain management services to the City at the Claremont Community Centre from April 1, 2012 to March 31, 2017, that is in a form and substance acceptable to the Director, Community Services and the City Solicitor. Carried later in the meeting (Refer to following motion) Moved by Councillor Rodrigues Seconded by Councillor Dickerson That the main motion be amended by changing Item 2 to read as follows to allow for a 3 year lease: 2. That the Mayor and City Clerk be authorized to execute a management agreement renewal to which the Claremont Lions Club will be permitted to continue to provide certain management services to the City at the Claremont Community Centre from April 1 2012 to March 31, 2015, that is.in a form and substance acceptable to the Director, Community Services and the City Solicitor. Carried The main motion as amended was then Carried. 3. Director, Corporate Service's & Treasurer, Report CST 04-12 Tender/Contract Approval -Council's Break for Christmas/New Year Period Recommendation Moved by Councillor Dickerson Seconded by Mayor Ryan 1. That Report CST 04-12 of the Director, Corporate Services & Treasurer regarding tender and contract approvals during the Council Break for Christmas/New Year be received; and., 8 cial oo Joint Planning & Development and Executive Committee PICKERING Meeting Minutes Monday, March 5, 2012 0 7:30 pm - Council Chambers. Chair: Councillor Pickles 2. That Council confirm the Chief Administrative Officer's approval of Request for Proposal No. RFP-4-2011 submitted by AECOM for Consulting Services for Structural Repairs & Associated Works. Carried 4. Director, Corporate Services & Treasurer, Report CST 05-12 Statement of the Treasurer Respecting 2011 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Recommendation Moved by Councillor Ashe Seconded by Mayor Ryan That Report CST 05-12 of the Director, Corporate Services & Treasurer regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2011 be received. Carried (VI) Adjournment The meeting adjourned at 9:52 pm. 9 C[tq O~ & ft- 3 1 -a -W PICKERING March 26, 2012 Delegations 1. Robyn Hamlyn Re: Blue Community Project [Refer to Corr. No. 08-121 2. Brie Davis Destination Imagination Team 3. David Brazeau, Director Public Affairs Update from Rouge Valley Health System 4. Justice David Stone Re: Durham West Arts Centre Foundation Update 5. Region of Durham Re: Highway 2 Transit Priority Measures 6. Tony Niceforo Re: Report PD 04-12 Zoning By-law Amendment -A 18/08 2075729 Ontario Ltd. 1640 Kingston Road 7. Maurice Brenner Re: Notice of Motion Code of Conduct i City o~ 3 2 ~ March 26, 2012 PICKERING Correspondence Pages 1. Corr. 07-12 Motion for Direction Toni Ellis, President 33-34 Ontario Urban Forest Council 1523 Warden Ave., Units 23 + 25 Toronto, ON M1R4Z8 Letter received from Toni Ellis, President, Ontario Urban Forest Council seeking Council endorsement of a proclamation for the Federal and Provincial governments to take leadership roles in recognizing the need to support urban forestry and to establish mandates and programs to include funding assistance to municipalities for the control and management of the Emerald Ash Borer, as well as any future significant imported diseases 2. Corr. 08-12 Motion for Direction Robyn Hamlyn 35-53 Letter received from Robyn Hamlyn seeking Council endorsement to declare Pickering a Blue Community through a resolution to phase out the sale of bottled water in all public facilities and municipal events and to recognize water as a human right. 3. Corr. 09-12 Motion for Direction Isabelle Janton 54-57 Heritage Pickering Advisory Committee Memorandum received from Isabelle Janton on behalf of the Heritage Pickering Advisory Committee seeking Council support of a motion passed requesting a six month extension to undertake a comprehensive evaluation of property located at 1130 Taunton Road in order to determine the heritage significance of the property. 4. Corr. 10-12 Receive for Information Ian Troop 58-59 Pan/ParaPan Am Toronto 2015 25 Dockside Dr., 7t" Floor Toronto, ON M5A OB5 Letter received from Ian Troop, Pan/Parapan Am advising of changes to the venue plan for the Toronto 2015 Pan/Parapan American Games. They advise that the Pickering Horse Centre will no longer be included as a competition venue, ORIGINALTO: - COPY TO: 3 3 COa FILE -G APR ACTION + cmo Ontario Urban Forest -Council City of Pickering February 12, 2012 Dear Ms. Shields, You may be aware that Ontario, along with many other jurisdictions, is being hit hard by the imported pest Emerald Ash Borer, Agrilus plannipennis. It has already killed tens of thousands of ash trees. The Municipal Arborists and Urban Foresters, a Committee of the International Society of Arboriculture and the Ontario Urban Forest Council are working to raise awareness about EAB and the environmental and economic fallout. Public property owners, homeowners, businesses, institutions, and utilities will have to deal with thousands of ash trees before they become a liability and bear the cost of implementing programs to deal with this terrible loss to our urban forest. Effective EAB programs involve the following: • Identifying ash trees, size and locations (an inventory) • Monitoring the distribution of the pest within local areas • Identifying and treating trees worthy of preservation • Tree removal on public and private lands, and disposal of wood waste • Replanting replacement trees. Currently, neither the Federal nor Provincial Governments are providing sufficient financial/management support to municipalities for implementation of any part of an EAB program. Therefore, we have prepared the attached proclamation calling for A FEDERAL and PROVINCIAL ROLE IN URBAN FORESTRY. Attached is a proclamation we are sending to Clerks across Ontario. We are seeking your Council's endorsement of this proclamation, if they have not done so already, and would ask that you present this to your respective Council for consideration. Thank you for your assistance in bringing this to your Council's attention. If you have any questions, please contact me at 519-362-9469 Toni Ellis,- President, Ontario Urban Forest Council Ontario Urban Forest Council 1523 Warden Avenue - Units 23 + 25 Toronto, ON M1R4Z8 www.oufc.org A FEDERAL and PROVINCIAL ROLE IN URBAN FORESTRY 34 WHEREAS over 80% of Canadians now live in urban areas and have come to rely on the environmental, ecological and economic benefits of urban forests; AND WHEREAS the health of Canadians is sustained by their urban forests which provide services through improving air quality, cooling city streets and buildings, acting as a windbreak, shading from harmful UV rays, and filtering storm water, as well as beautifying our communities; AND WHEREAS neither the federal nor provincial governments currently include urban forestry in their mandates except in a limited role with respect to exotic, invasive pests; AND WHEREAS the Canadian Food Inspection Agency has not been able to stop the spread of the Emerald Ash Borer throughout Ontario and Quebec AND WHEREAS the Emerald Ash Borer is expected to cost Canadians over $2 Billion dollars in treatment and replanting; AND WHEREAS Canadian forestry programs and research are solely focused on industrial forests and do not at present include urban tree planting, appropriate species research, and insect control and management; and AND WHEREAS other jurisdictions such as the United States Forest Service and the European Urban Forestry Research and Information Centre include urban forestry as a'program and research area; AND WHEREAS Canada engages municipalities in a number of substantial infrastructure programs; THEREFORE BE IT RESOLVED that the Municipality of calls on the Federal and Provincial governments to take leadership roles in recognizing the need to support urban forestry, by establishing urban forestry mandates and programs which includes funding assistance to municipalities for the control and management of the Emerald Ash Borer- and any future significant imported diseases and insects -as well as the creation and funding of programs designed to support the on-going sustainable management of urban forests. BE IT FURTHER RESOLVED That all municipalities across Ontario be encouraged to endorse .this proclamation and that this resolution be distributed to The Honourable Gerry Ritz, Minister of Agriculture and Agri-Food; The Honourable Joe Oliver, Minister of Natural Resources; The Honourable Denis Lebel, Minister of Transport, Infrastructure and Communities; The Honorable Jim Flaherty, Minister of Finance; Local Federal Member of Parliament Honourable Michael Gravelle, Minister of Natural Resources; Honourable Kathleen Wynne, Minister of Municipal Affairs and Housing; Honourable Dwight Duncan, Minister of Finance; Local Provincial Member of the Ontario Legislature , Tim Hudak, MPP, Leader of Progressive Conservative Party of Ontario and the Opposition Party; Andrea Horvath, MPP, Leader of the New Democratic Party of Ontario; Association of Municipalities of Ontario; Federation of Canadian Municipalities; I M, COPY TO 3 5 March 3, 2012 fTA 7~ it~. ~ Dear Ms. Shields and Mr. Prevedel, y~~:`'y`~R My daughter is Robyn Hamlyn. She is 13 years old and we live in Kingston, Ontario. She mailed a letter to Mayor Ryan on November 4, 2011 (see attached) asking him if she could come and meet with him to discuss our fresh water crisis and how she would like to make Pickering a Blue Community. She was invited to meet with him on February 13cn On February 13t", the mayor could not make the meeting, so Deputy Mayor Dickerson and Chantal Whitaker met with Robyn and me instead. Robyn spoke to them about her concerns and how she wanted to make communities across Canada, Blue Communities. In order to become a Blue Community, council must pass the following resolutions: 1) Ban the sale of bottled water in all public facilities and at municipal events 2) Recognize water as a human right 3) Promote publicly financed, owned and operated water and sanitation services We have attached a pdf file about Blue. Community for your review. Deputy Mayor Dickerson did not see a problem with Robyn presenting to try and get these resolutions passed. Now, we were told that there is a ban on the sale of bottled water already in place, however it did not extend to your recreational facilities and your vendors at your municipal events were still selling bottled water as well. We checked with the Council of Canadians who issue the Blue Community certificates and they are fine if the wording of this first resolution is amended slightly. ' A sample wording could be 'The City of Pickering has already banned the sale of bottled water in most public facilities and at municipal events and is committed to initiate a phasing out of the sale of bottled water at our recreational facilities. The City of Pickering is also committed to prohibiting their vendors from selling bottled water at municipal events." We have e-mailed a request to Linda Roberts for Robyn to present at the March 26th City Council Meeting at 7:30pm. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, Joanne Hamlyn 36 November 4, 2011 Mayor David Ryan The City of Pickering 1 The Esplanade Pickering, Ontario, L 1 V 6K7 Dear Mayor Ryan, My name is Robyn Hamlyn. I live in Kingston, Ontario and I'm 13 years old. In August I met with my mayor, Mark Gerretsen, to discuss a letter I wrote to him earlier. This letter told him about my worries about our fresh water supply and that we had to do something now to help. In June, my teacher showed us a documentary called Blue Gold: World Water Wars and it shocked me. It showed us that: 1) Our earth holds 97% salt water and 3% fresh water. Almost all of that 3% is polluted. 2) We use up water faster than it can be replenished. Just around the Great Lakes, we pump almost 3.2 trillion litres of water a day. 7.6 billion litres do not get returned. 3) Canada is a water rich country and as water becomes polluted, the rest of the world will look to us for water. The Great Lakes are a main target. What is really scary is that they are saying this will probably happen within 10 to 20 years from now when I'm a young adult. This information changed my life. It made me realize the bigger picture, that there's going to be a huge water collapse and possibly a war, in ten to twenty years. We're all going to be apart of it. My mayor listened to me and agreed that something had to be done. I told him that I wanted to make Kingston a Blue Community. In order for this to happen, three .resolutions needed to be passed. They are: 1) Ban the sale of bottled water in public facilities. 2) Recognize water as a human right. 3) Promote publicly owned and operated water and sanitation services. He invited me to speak on September 20, 2011 to Kingston's City Council. I did and Kingston was declared a Blue Community that night. 37 i I have a goal and that is to make all municipalities in Ontario Blue Communities. After that, I want to approach other provinces. I know that I can do this, but I need your support. Can I come and meet with you to discuss these resolutions? I can be reached at 613-634-8055 or by e-mail at my mother's e-mail address j oanne.hamlyn@sympatico. ca. Sincerely, Robyn Hamlyn F4 IrSTON WHIG-STANDARD _ a PAGE 7 ' :!0 days in jail H COUNCIL 110~t t04~flfn .Kingstondeclared bluecommundty FROM PAGE I financed, owned and operated people in need of 1,173'unit his pro marked cruiser on Wilson Street water and wastewater services. _ ranging from one to fine bed fir( amended 'sawFreeland coming towtudthem Councillois declared Kingston The concept of becoming a - rooms and including' seniors ice abuse on his dirt bike, but before they a "blue community" Tuesday! blue community was introduced apartments. couldapprehendhim,she said, he night based on United N_ ations to couucil,by Robvn Hamlyn, a The average wait time in probation ' headed into the fields behind the resolutions recognizing that all „ill year-old student from Lan- Kingston for a one-bedroom er, Foxton Wally Elmer Youth Centre and out : people have the right to clean ~ caster Drive Public School apartment is five to eight years ` has tdcen' again onto NlacCauley Street, waterand sanitatitm. ■ Seniors can wait up to Four to being where, dreylosthima-secondpme., Criteria for the blue designa ' . 'At'deadline Tuesdayvmght, Years for recital accommodz actinfor- - He surfaced once more, with : tioo include having banned the': councillors were debating a plan Lion, ncies and the same result, according to sale of bottled water inpublic fa to invest $13.6 million into of The vacancy rate for rental i`supervi- Foxton,'before police'eventually cilities and at municipal events, ;_fordable housing, a top pi iority units in Kingston is just 1%. aim located the yellow dirt bike he'd recognizing water as a human ',of the current council. ~vorded J been nditib parked outside a res right and committing 't6 pub'iclv Sfhe city has a waiting list of pschkesmetnntti@the7i)l=1g~com 38 A&A Blue Communities Project Guide aluet THE LE COUNCIL CONSEIL CAA/ E-S3.rFP' OF CANAOIwNS DES CANADIEN9 ri What is a blue community? Blue Communities Project Guide A "blue community" is one that adopts a water commons framework by Y taking the three actions outlined in this guide. In this guide: i A water commons framework treats water as belonging to no one, and what is a blue the responsibility of all. Because water is central to human activity, it Community? pg 3 ? must be governed by principles that allow for reasonable use, equal Recognize water as a human distribution and responsible treatment in order to preserve water for right pg 5 nature and future generations. Ban the sale of bottled water in i The Blue Communities Project calls on communities to adopt a water municipal facilities and at municipal commons framework by: events pg 91 I Recognizing water as a human right. ;Promote publidy-owned and 2. Promoting publicly financed, owned and operated water and waste- operated water and wastewater infrastructure;:.. pg 12 water services. 3. Banning the sale of bottled water in public facilities and at munici- Blue'Communities . pal events. Checklist pg 16 This guide provides information and resources to help you achieve these { goals. The Blue Communities Project 1 The Blue Communities Project is a joint initiative of the Council of Canadians and the Canadian Union of Public Employees (CUPE). This project builds on a decade of Water Watch work in coalition with many j other groups to protect public water services and challenge the bottled water industry. i The Blue Communities Project Guide was created to help community ( activists and local leaders protect the water commons - our shared water resources - in the face of increasing pressure to put water up for sale and privatize water services. As a public sector worker, municipal councillor or community activist pursuing the creation of a "blue community," you will become part of a growing movement for public water in Canada. PM9 Blue Communities Project Guide 3 i Why Blue Communities? Canada's waterways are increasingly polluted and depleted by unsustainable industrial, agricultural and municipal activities. Our water services face the growing threats of underfunding and privatization. The need to protect water resources and services is urgent and governments must play a central role in ensuring water is used responsibly and allocated fairly. The push to privatize Canada's water and sewage systems through long- term operation contracts, or so-called public-private partnerships (P3s), began more than a decade ago.. The Harper government has made water privatization a key part of its agenda in the last few years by committing j public money destined for water infrastructure to the hands of water profiteers through funding mechanisms aimed at promoting P3s. i In the meantime, the bottled water industry sells water - what should " be a shared public resource - for huge profits. Greenhouse gasses are emitted and watersheds destroyed as a result of producing and transporting bottled water. Bottled water production places a huge stress on increasingly scarce water resources. Finally, Canada has refused to recognize water as a human right domestically, and has actively prevented the adoption of water as a human right in international law. Municipalities are responsible for water quality, supply, treatment and conservation. The adoption of a water commons framework to address these problems at the community level is crucial in the battle to preserve water and ensure fair access to all. 1 1 1 i i PMQ 4 4 1-800-387-7177 www.canadians.org/water www.cupe.ca/water I , j nize water as a Re cog human ri9ht AM14 Blue Communities Project Guide i Water is essential to life - no one should be able to control it or expropriate it for profit. The human.right to water entitles everyone to sufficient, ",What community activists' ~ safe, accessible water for personal and domestic uses. can do The recognition of water as a human right in Canada would ensure that Support a municipal declaration on all people living in this country are legally entitled to sufficient quantities recognizing water as a human right. of safe, clean drinking water and water for sanitation, and would require Ask your Member of Parliament i that access inequalities be addressed immediately. Unfortunately, water to support Canada recognizing is not officially recognized as a human right by the federal government. the right to water at the United On the other hand, the rights of corporations, whose activities drain, Nations. contaminate and destroy watersheds, are protected in the North American Free Trade Agreement (NAFTA) and other international trade j and investment agreements. What municipalities can do J Internationally, the Canadian government has also actively prevented the recognition of water as a human right at key United Nations (UN) ..Sign a municipal declaration - meetings. ~recognizing water as a human "right.. In 2002, Canada was the only country to vote against the right to. Call on regional municipal bodies to drinking water and sanitation at hearings of the UN Commission on recognize water as ahuman right. Human Rights (now known as the Human Rights Council). The Canadian government has said that water is an important issue and that countries are responsible for ensuring their populations have access to water. F But Canada has clearly stated it does not believe that international law should recognize the existence of a right to water. i { In the current global water crisis, billions of people still lack access to basic water and sanitation services. Every day, thousands of people die from preventable diseases contracted because they do not have access to clean water. The recognition of water as a human right in international . law allows for the means and mechanisms of the UN to be employed to hold governments accountable for ensuring that their populations have 7~. access to safe clean drinking water and water for sanitation purposes. i Canadian municipalities and the right to water Responsibility for water is shared between provincial, municipal and federal governments. It is therefore crucial that the right to water be enshrined at every level of government. AtAmL, APLT Im Blue Communities Project Guide 5 4 ! A municipal recognition of the right to water would: • Safeguard against a pricing scheme that would limit access to drinking water. • Ensure all residents have equal access to adequate supplies of j safe, clean water. • Provide citizens with information on their water supply and the operation of their water services. • Promote water conservation, treatment, reuse and source protec- tion to enhance water quality and quantity. Most Canadian municipalities already meet these criteria. However, official recognition of the right to water at the municipal level would cement these principles. It would also create much-needed momentum to apply pressure on other orders of government to play their role in recognizing water as a human right. i f -4 i I i i i ! ! { i i 6 1-800-387-7177 ! www.canadians.org/water www.cupe.ca/water t 3 Sample Resolution Recognize water as a WHEREAS one in six people around the world does not have access to human right clean drinking water; and, { WHEREAS over a quarter of Canadian municipalities have faced water shortages; and, WHEREAS the Canadian Medical Association reported 1,766 boil water advisories in Canadian communities in 2008 leading to thousands of { waterborne illnesses every year; and WHEREASIndigenouscommunitiesinCanada have been disproportionately affected by lack of access to clean safe drinking water; and, WHEREAS the UN Conference on Water in 1977 in Mar del Plata affirmed the right of all persons to access clean drinking water in order to satisfy their fundamental needs; and WHEREAS the Canadian Union of Public Employees and the Council of Canadians have asked Canadian municipalities to assist in their effort to have the federal government recognize access to drinking water as a human right; THEREFORE BE IT RESOLVED that this Council recognizes and affirms that access to clean water is a fundamental human right. BE IT FURTHER RESOLVED that this Council will call on the federal and provincial to enshrine water as a human right in federal and provincial law. BE IT FURTHER RESOLVED that this Council will call on the government of Canada to support the recognition of water as a human right in international law. -i 1 1 l s i 1 i i (IM Communities Project Guide 7 4" Good practices Recognize water as a human right ' Wallonia: The Belgian region of Wallonia officially recognizes that, "Each person has the right to dispose of a drinking water of quality and in sufficient quantity for its nutrition, its household needs and its health." I In 2006, the Walloon Minister of Environment announced that the region } would extend water solidarity to the international level. The region is in the process of developing legislation to support water projects in selected developing countries. Union of Nova Scotia Municipalities In 2007, the Union of Nova Scotia Municipalities recognized "access to clean water" as a "basic human right." i i 1 I 1 http://www.righttowater.org.uk { nf` trl N' f' a Z M 8 1-800-387-7177 www.canadians.org/water www.cupe.ca/water 45 Ban the sale of bottled 0". water to municipal facilities and at I municipal events ..x, Blue Communities Project Guide j Bottled water represents an "enclosure" or private takeover of the water commons. Corporations take free flowing water from its natural state What community activists ? - or treated municipal water - put it in plastic bottles and sell it at can do exorbitant rates. If your community isn't bottled- While twenty years ago, bottled water was considered a luxury product waterfree, work In coalition tor",- consumed by a niche market, today one-third of Canadian households introduce a Motionto stop your rely on bottled water to meet their hydration needs, according to a 2006 municipality or school board from Statistics Canada report'. Agriculture and Agrifoods Canada reports that selling or, serving bottled water in I their facilities and at their events. Canadians consume two billion litres of bottled water per year. Push for'access to public water Canada is a net exporter of bottled water, selling its ancient. glacier by calling for new drinking water waters all over the world mostly for the profit of big foreign-owned, water fountains in public spaces. companies like Nestle, Coca-Cola and Pepsi. Most provinces charge 1 these companies next to nothing to extract this water from springs and aquifers. Whole watersheds are now under threat from this practice. It also takes a lot of Water to bottle water. The production process What municipalities can do I requires three to five litres of water to produce a one litre bottle of bottled water. Ban or phase out the sale and ;purchase of bottled water in In order to persuade people to spend up to 3,000 times what they spend municipally-owned facilities and at on tap water, bottled water companies advertise their products as a safer municipal events j and healthier alternative. Nothing can be further from the truth. Bottled Ensure, access to tap water.by water is regulated as a food product under the Canadian Food Inspection installing and mam"tarnng drinking ' Agency. Bottling plants are inspected on average only once every three waterf6dntains in municipally- ;I years. Regulation of tap water, on the other hand, is far more stringent. owned facilities andpat municipally- . : In general, municipal tap water is tested continuously during and after sponsored events.. - treatment. Pro ~ mote the value of municipal in Ily F a , in an era when the world is dealing with the impacts of climate waterthrough public education J change, the bottled water industry requires massive amounts of fossil campaigns. fuels to manufacture and transport its product. Protect and improve the quality of Increasingly, Canadians are moving back to the tap, rejecting bottled municipal, tap water. water. A growing number of Canadian municipalities, school boards and other institutions are banning the sale and purchase of bottled water in their facilities and at their events. i i 1 "Against the Flow: Which households drink bottled water. EnviroStats' Summer 2008 , t j Vol. 2, no. 2 .1 m 1 Blue Communities Project Guide 9 46 Ban the sale of bottled Sample resolution I That, on the recommendation of the Acting General Manager of water in municipal f Environmental & Engineering Services & City Engineer, the following facilities and at actions be taken: municipal events A) Municipal council APPROVE a resolution stating the following: WHEREAS the Corporation of the City of London operates and maintains (*This resolution was passed by a regulated and sophisticated water distribution system that meets some London-, ontario municipal council of the most stringent water quality requirements in the world; in August 2008, along with a'a 'timeline for implementationand WHEREAS the regulatory requirements for monitoring water quality further``directons for'accomp~ying contained in bottled water are not as stringent as those that must be studies`and budget reports. To'"see met by the Corporation of the City of London; thefull municipal rep6rt'visit w- VI w. unbottleitorg) WHEREAS The Corporation of the City of London delivers water to its residents and businesses that translates, on average, to about one eighth of a cent per litre; WHEREAS single-use bottled water, sold in London is 230 to 3,000 times more expensive than water from the tap in London, even though estimates suggest that between 10% and 25% of the bottled water originates from municipal water systems; WHEREAS resource extraction, packaging and distribution of single-use bottled water creates unnecessary air quality and climate change impacts and consumes unnecessary resources such as oil in the manufacture of plastic bottles and in the fuel used in the transportation of bottled water to the consumer; WHEREAS single-use plastic bottles, although easily recycled through the City of London recycling program, approximately 60% are captured in the Blue Box Program and the rest end up in the garbage bag and space ultimately delivered to the City's landfill site taking up unnecessary without any further contribution to society; WHEREAS single-use plastic bottles that are not recycled in the Blue Box program or placed in the garbage become litter in London's streets, parks and boulevards; WHEREAS the cost of managing single-use plastic bottles along with other recyclable material in the Blue Box program, after material revenue, has been removed, is currently 35% paid by industry stewards and 65% paid by London taxpayers and when the single-use plastic bottles and other recyclable materials are sent to landfill industry stewards do not pay any of the costs; WHEREAS City of London tap water is safe, healthy and accessible to Londoners and visitors, and substantially more sustainable than single use bottled water; WHEREAS City of London tap water is readily available at most indoor public facilities, either in the form of a faucet in a bathroom or drinking fountain and, where it is not readily available a plan be put in motion to 10 1-800-387-7177 1 www.canadians.org/water I www.cupe.ca/water 47 .i increase access to municipal water subject to.water quality and safety Ban the sale of bottled requirements, budget and other considerations; water in municipal WHEREAS a priority of London Municipal Council remains that where facilities and at easy access to municipal tap water does not exist, the availability of municipal events bottled water is a very appropriate alternative; WHEREAS the City Council wishes to set a positive example to the London community on environmental matters; THEREFORE BE IT RESOLVED THAT a) single-use bottled water will no longer be sold in the City Hall cafeteria, from City-owned or City administered concessions and vending machines in public facilities where easy access to. municipal tap water exists; b) single-use bottled water will no longer be purchased and provided at meetings where easy access to municipal water exists; c) The availability of water jugs with municipal water will be increased, where required; d) a City staff and public awareness campaign be developed to support the rationale for these important changes including the need for Londoners to do their part; and e) the following implementation schedule be followed subject { to an assessment that tap water is readily accessible at these locations. i 1 i Good practices Toronto's "HTO to Go" The City of Toronto recently created " HTO to Go" - a mobile water trailer that serves as a big drinking fountain and a fun way to educate people f about the city's water. Residents of Toronto organizing a public event can contact the city to have HTO to Go at their event. U.S. mayors challenge bottled water i In June 2008, at their annual conference, U.S. mayors passed a resolution to phase out the municipal use of bottled water in favour of tap water. Since then, the movement to ban bottled water has spread among U.S. municipalities. i a Blue Communities Project Guide 11 4 8 Promote publicly owned and operated water and wastewater infrastructure blue :Communities Project Guide I Local communities directly own and operate the vast majority of Canadian drinking water and sewage treatment facilities. But as the What community activists need for reinvestment grows, our cities and towns are strapped with can do little new funding or revenue to pay to upgrade existing systems and build new ones..Local governments. are considering privatizing through Demand a national water public-private partnerships (P3s), but they should be cautioned. infrastructure fund that supports publicly'=owned and operated A P3 is a form of privatization. P3s are multi-decade contracts for private 'facilities and services by pressuring` Iederal Members of Parliament to I management of public services or infrastructure. They can 'include private make this a prionty' financing, ownership and/or operation. P3s result in higher costs, lower l quality and loss of public control. Bring,a resolution to your local municipal government to protect , i Very few communities in Canada have experimented with 133s for drinking publicly-'owned and operated ! water or sewer services, but there are lessons we can learn from those infrastructure. - that have. Experience shows that privatization means water rates go up Establish a Water.Watch Committee and accountability goes down. ,in your community to monitor city' council meetings Think of having 1 a rotating water watcher who I P3s waste the public's money.and leave commu- attends'eve y council and relevant committee meeting to be on'guard nities at risk against.the early warning signs of ! P3s are more expensive than public ownership and operation because privatization. Contact the Council of of higher private-sector borrowing costs, transaction fees, and the need Canadians or the COPE to find out more. to generate a profit. The costs of lawyers and consultants alone can set i municipal governments back by millions of dollars before projects even get off the ground. Corporations charge a premium for so-called "risk- transfer." But despite the cost, governments have not been successful in What municipalities can "do transferring risk to the private sector. Raise.the issue at the. Federation of Companies can walk away if a project is not profitable for them, but Canadian Municipalities by bringing governments cannot. Taxpayers absorb the costs of failed P3 deals, _.:'a resolution about Pis and public since the public "partner" is ultimately responsible for delivering services ownership. to their next annual" and infrastructure. conference. Pass 6 'resolution or declaration The credit crisis has made this abundantly clear as daily news stories tell to keep water and wastewater of private financiers that are unable to finance privatized infrastructure infrastructure in public hands in projects. Projects are being delayed or even cancelled, leaving your community.` governments scrambling to find ways out of expensive messes. i KIM t 1IM Blue Communities Project Guide 12 4 9 Resisting federal P3 pressure Despite the evidence that P3s are more expensive, risky, less effective s and unaccountable, the federal government is aggressively pushing privatization as a prerequisite for federal funding. The Harper government's Building Canada infrastructure plan forces governments seeking $50 million or more in federal contributions for a project to consider privatization through a costly and time-consuming P3 review. i But communities don't have to take the bait. Local governments still have access to the lowest borrowing rates available. With new accounting standards requiring that P3s show up as public debt, there is no incentive left to rely on more expensive private financing, or to lock communities y into long-term deals that tie governments' hands. Decades of infrastructure funding cuts have resulted in a "municipal infrastructure deficit."The Federation of Canadian Municipalities estimates that Canadian communities need $31 billion to upgrade and develop new i water and wastewater infrastructure. # Drinking water services have important public health and environmental implications. Protecting the public interest requires public control and autonomy. Public water utilities are responsive and accountable to communities. t~. The Council of Canadians and CUPE T.. are calling on the federal government to provide funding to suppot publicly- Ate" owned and operated infrastructure through a national water infrastructure s fund. r t r rF r1w" i Blue Communities Project Guide. 13 , _ Sample resolution Promote public y WHERAS public health depends on equitable access to clean water owned and operated *a supplies; and water and wastewater infrastructure. i WHERAS public ownership and operation of drinking water and wastewater treatment systems have improved access and quality over the past century; and i WHERAS our community is committed to protecting water and wastewater from the consequences of privatization through "public-Private systems partnerships" or P3s, including: Lack of transparency and accountability to the public • Increased costs and higher user fees Projects being delayed and cancelled leaving governments to deal with the consequences; and WHERAS the privatization of municipal water and wastewater treatment services through P3s'or contracting out turns water into a commodity to be sold for profit; THEREFORE BE IT RESOLVED that [the name of the municipality] oppose privatization in any form of water and wastewater treatment services, including through P3s, retaining these services in the public domain; and BE IT FURTHER RESOLVED that Council lobby the federal government i to fulfill its responsibility to support municipal infrastructure by investing in a national water infrastructure fund that would address the growing need to renew existing water and wastewater infrastructure and build new systems; and BE IT FURTHER RESOLVED that Council forward this resolution to I the Federation of Canadian Municipalities for circulation to all of its members. i 1 i - i i 14 1-800-387-7177 I www.canadians.org/water www.cupe.ca/water Cases in point Promote publicly- owned and operated Hamilton water and wastewater The cost of cleaning up a sewage spill in Hamilton, where a P3 was tried infrastructure for 10 years, was borne by the city. 133s also reduced transparency. In 1 Hamilton, elected officials had to pay access to information fees under the Freedom of Information Act in order to see the contracts. The cost of so-called risk-transfer is high. Negotiations to renew the deal in Hamilton fell apart when the corporation. tried to charge the city twice as much if they were to be accountable for risks in the future. The system is now back in public hands, surpassing environmental standards and delivering significant cost savings. i Seymour Capilano In 2001, the Greater Vancouver Regional District rejected the P3 option for their water treatment facility in response to public protests against the P3. Along with worries about loss of control, lack of accountability and higher costs, citizens voiced fears about the dangers under international trade deals of privatizing the water system. It is currently projected that the capital cost of the public project will be $566 million, even though the budget was set in 2003 at $600 million. That means the public project is currently projected to come in $34 million (5.6 per cent) under=budget. This is a sharp contrast to the major P3 projects now underway in B.C. in water and other areas, which have all turned out to be considerably more costly than they were estimated to cost when approved. Moncton Water Treatment Facility In 2002, US Filter Canada, a subsidiary of a French multinational water I company, was selected to design, build, operate and maintain Moncton's water treatment facility over a 20-year contract. Today residents pay high water fees that are increasing much faster than they did prior to the P3. Between 1995 and 1999 fees increased by up to 7 per cent each year. Rates increased 75 per cent between 1999 and 2000. i I Blue Communities Project Guide 15 5 2 Steps to creating a blue community 1. Send an email to bluecommunities@canadians.org to join the network of community activists, public sector workers, and local government officials working on creating a blue community. 2. Community members working on promoting the water commons are setting up Water Watch committees across the country. Visit www.canadians.org or cupe.ca to find out more. 3. Using the information provided in this guide, develop a strategy to promote water as a human right, keep water in public hands, and ban the sale of bottled water at public facilities and events. i Blue Community checklist we hope the information provided in this guide is useful in helping you develop strategies to protect the water commons in your community to: • Recognize water as a human right. 1 Promote publicly-owned and operated water infrastructure. • Ban the sale of bottled water in publicly-owned facilities and at public events. ,i s 16 1-800-387-7177 I www.canadians.org/water I www.cupe.ca/water 53 We are here to help t Keep us informed of your progress by contacting us at bluecommunities@ canadians.org or by calling us toll free at 1-800-387-7177. We would love to feature your work on our website and share your stories and ideas with other communities in Canada. Contact details for further info: bluecommunities@canadians.org or www.canadians.org/water waterwatch@cupe.ca or www.cupe.ca/water The information contained in this guide is based on Our Water Commons; Toward a new freshwater narrative by Maude Barlow. A copy of the report can be downloaded at www.canadians.org or at onthecommons.org. NOTES: f . i I Blue Communities Project Guide 17 i[ o Memo ORIGH tiL TA To: Debbie Shields COPY T0: March 5, 2012 City Clerk L> I a _ CORR. FILE From: Isabelle Janton AKEAPR. ACTION Planner II - Site Planning a n) Copy: N/A Subject: Heritage Pickering Advisory Committee - 1130 Taunton Road At the February 23, 2012 meeting of the Heritage Pickering Advisory Committee, the following motion was passed: "That the Committee submit correspondence for Council support to request a six month extension to undertake a comprehensive evaluation of the property located at 1130 Taunton Road in order to determine the heritage significance of the property". The Committee is seeking Council's endorsement of this request. The subject property (1130 Taunton Road) was conveyed to Lebovic from the Province as part of the Seaton land exchange. The lands are located within Neighbourhood #16 of the Seaton Community and are included in the Lebovic Draft Plan of Subdivision # SP 2008-07 which is appealed to the OMB. The property contains a vacant farmhouse and barn, and the residence is listed in the Council approved Municipal Heritage Register (Section 3) as a property of cultural heritage value or interest. The residence is identified as the Robert Smith house, built between 1860 and 1877. While the dwelling is listed in the Register, it is not currently 'designated' as a heritage structure. On February 8, 2012, Lebovic applied for a demolition permit to demolish the structures on the property. As the residence is listed on the Heritage Registry, the City is able to withhold the issuance of a demolition permit for 60 days. The Heritage Advisory Committee considered the matter and determined that it required more time to conduct a comprehensive evaluation of the building's heritage value and assess its importance relative to other buildings listed on the Heritage Registry. The Committee passed a motion requesting that the City contact the owner of the property and formally request a six month delay of any demolition action respecting the dwelling. As the barn is not identified in the Registry, the Committee had no concern with its demolition. Staff recommend that Council endorse the recommendation of the Committee. If endorsed, staff will undertake to inform the owner of the request. Please include this memorandum under 'Correspondence' in the March 26, 2012 Council agenda. IJ:jf JASTAFFUIanton\HERITAGE PICKERING\RecommendationsWentage Lebovic 1130 Taunton memo.doc SUBJECT STRUCTURES 0 to / TAUNTON ROAD / / / / I / I . I / I . / I City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 4 South Part Lot 24, RP 40R-24217, Part 3 07\ OWNER Lebovic Enterprises DATE Mar. 5, 2012 DRAWN BY JB FILE No. Demolition Permit SCALE 1:5,000 CHECKED BY lj ,,rte..: T.--t Ent.rpri... Inc. nd IL .u pli.r.. All right. Reserved. Not . plan o1 .urvey. PN-RUR . o l.n of Surve . 2012.MPAC and its a liere. All rl hte Reserved. Not G ~ y r". '1^ ' w( '1 t '~5({~[,~ F' Kij .~r'•`F' .qt ~y~.+d ~ S r'. a. w +.d d°'7 A ♦ f Y~ ~ t {.~~4 J rJ~r~ ~ t S 3 3+. - 'S a ti ~Ya anyc, tyk,td 5 'Al i ~ 1 ~ r f -a yF ~ j,~-..ia~ ~ ~ ~YtL ~ -S' S• ~ 3 Y 4 1 ~ s y 34 ~i~~ •k~ ty,,~" ~ _ " *x ¢ T i ~ w 1i dd rh Vi'i' + t 7 .1: ~<u rn'si r. g 1 ~ ~ ~ r r y;~;i.- ,a' ~ a''^~-;,. ~r aL ~~.it ~ ~ 8''~~~~i ~ ~ ± ~ ` •f . 'iy~ : ~~"~t .,r~'~i~ ~ `~-8 -4r s 'L • f ~r ~ tfL x° i a .rte y ~ ~r ~yyt ,'y, i ~ t Y s k ~ y ~ i•+ ~ `fit r' r" ~ 1 L r . a ~ 4 ~ ~ - ~ 1R .+4 - t`t ! d iy„` ki - F -art •:,y, .l.'"",.~'? . 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ST,~.• t''i 'i k!' ?~eis o4 ~ X, ti ~ K - M~ _ w. 3 t Y ~t s h l.: 1 „r a C .('ye + w ~ r mot, ~ 't ~t~'~ i r1 ' ' a ~ t ~ i •r r i4F ~?4~ :..7 P yt 'F ? _'I .Y e '1„i ~ e ~ .r~ i ' a a s y r r i ~ r ~ a' i. 1 c yd'`.` ~.r `r! x "P w rk "~~^T;',~aa1L •i~~e. ~j.{~ y, S a b w 1-7 3 ~?I ;!T ` e ~ s x T T i 1 i ~ ~ ! ~ t~•~ i~ j f'~, ~ r, b 5t -b to ~ 3f x ~ ~ 4 ~ Y~+K'Yr ~ci ' 18 t a s T x 1 1 x. J^ 1E F J4 ~.-s.~e.. - ..,~•.,u>a.. ..~.._.::......«,~2.. . <_..~.ca~_...ro.~ ~ s ,-~~?.....a._..~~..ir>~«.~...~fA~ld'~.r_.~..~w.~.c.'s,.__ P r~_~ 1 7 .F i- ~q -7 7~ II _ y. r f F+ } a r I M a s r . be ' v ~u ti J r•{. r ~ i 5 tvYje ~ ~ ill •...r - - ,Y`~- _ c >C~-- ` . i6. .~.~s.~.~m .a. .,a.Ail c-3_......•..J .il..~-^..- 3L...ve .v..'A. " O March 9, 2012 ORIGiNALT0. _ COPY T0: His Worship Dave Ryan TO h ,fib / to _ Office of the Mayor CORR FILE City of Pickering iA'! ,1_ PR. ACTION One The EsPlarrade Pickering, ON Le L1V 6K7 Mayor Ryan, I would like to take this opportunity to reaffirm the changes to the Toronto 2015 venue plan that you were advised of last week. Over the past 12 months, T02015 has been busy working with our Multi-Party Agreement parties, as well as the Into and National Sport Federations to strengthen and validate the sports program and venue plan for the 2015 Pan/Parapan American Games. The criteria for venue verification is not set by T02015 alone, but is based on a number of factors that are guided by the International Sport Federations and approval of the sports plan by the Pan American Sports Organization (PASO). Significant concerns were identified by Pentathlon Canada, as well as representatives from the International Pentathlon Federation with respect to the Pickering Horse Centre as the preferred location for the riding, running and shooting disciplines of the Toronto 2015 modern pentathlon competition. In light of the above, it is my regret to inform you that the Pickering Horse Centre will not be included as a competition venue for the Toronto 2015 Pan American Games. Our decision to reduce the number of venues is a result of careful planning, lessons learned from the organizers of past Games and a deep resolve to spend responsibly. I would like to take this opportunity to offer my sincerest thanks and gratitude to the City of Pickering for their passion and dedication to the Toronto 2015 Pan/Parapan American Games. 25 Dockside Drive, 7th floor Toronto, ON M5A OB5 416 957 2015 toronto2015.org Fg The Toronto 2015 Games remain our generation's greatest opportunity to leave a lasting legacy for the entire Greater Golden Horseshoe Region. I would like to encourage the City of Pickering to continue to engage, volunteer, and experience Canada's largest multi-sport international Games. Please do not hesitate to contact my office should you have any questions, Sincerely, Ian Troop CEO, TO2015 CC. Louise Lutgens, VP External Partnerships & Community Engagement, T02015 Bob O'Doherty, SVP Sport & Venues, T02015 Stephen Reynolds, Division Head, Culture & Recreation, City of Pickering ^ zw 25 Dockside Dr, 71h Floor R Toronto, ON M5A OB5 TOD R C)ON TO r www.toronto20l5.org City O0 6 0 ~t PICKERING March 26, 2012 COMMITTEE REPORTS a) Joint Report JT 2012-03 of the Joint Planning & Development and Executive Committee Pages Part "A" Planning & Development Reports 1. Director, Planning & Development, Report PD 06-12 15-44 Zoning By-law Amendment Application A 26/08 A. Adjedani 1234 Kingston Road Lot 17, Plan 489, City of Pickering Recommendation 1. That Report PD 06-12 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 26/08 submitted by Ali Adjedani to permit limited commercial uses within an existing building on lands being Lot 17, Plan 489, City of Pickering be approved subject to the conditions outlined in Section 3.7 to Report PD 06-12; 3. That the owner be required to install an ecologizer unit for odour control in association with any bakery or restaurant use on the property and this requirement form part of any site plan approval for this property; 4. That the draft zoning by-law to implement Zoning By-law Amendment Application A 26/08, as set out in Appendix I to Report PD 06-12, be forwarded to City Council for enactment, and; 5. Further, that Council endorse the granting of an easement over abutting City-owned lands being part of the unopened Wilanna Road right-of-way and part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey as shown on Attachment #10 to Report PD 06-12), in favour of the owner of 1234 Kingston Road, to be used for grading and sanitary/stormwater service connections. 2. Director, Planning & Development, Report PD 07-12 45 -87 Draft Plan of Subdivision Application SP-2011-02 Draft Plan of Condominium Application CP-2011-02 Zoning By-law Amendment Application A 12/11 Maddy Development Inc. 1290 &1292 Old Orchard Avenue (Lot 8 and Part of Lot 7 & 9, Plan 432), City of Pickering I 61 Recommendation 1. That Report PD 07-12 of the Director, Planning & Development be received; 2. That Draft Plan of Subdivision Application SP-2011-02 submitted by Maddy Development Inc. to permit a single block plan of subdivision on lands being - Lot 8 and Part of Lot 7 & 9, Plan 432, City of Pickering, be approved subject to the conditions outlined in Appendix I to Report PD 07-12; 3. That Zoning By-law Amendment Application A-12/11 submitted by Maddy Development Inc., to amend the zoning of the subject property to permit detached dwellings accessed by a common element condominium be approved in accordance with the standards set out in Appendix II of Report PD 07-12, as amended, to reflect a minimum 1.2 metre horizontal distance between buildings for lots 1 and 2, 3 and 4, and 7 and 8; and 4. Further, that the draft zoning by-law to implement Zoning Amendment Application A 12/11, as set out in Appendix II to Report PD 07-12, be finalized and forwarded to City Council for enactment. 3. Chief Administrative Officer's Report, CAO 04-12 88-92 Louisville Homes Limited, Plan of Subdivision 40M-2299 -Final Assumption of Plan of Subdivision Recommendation 1. That Goldenridge Road, Rushton Road and Fairport Road within Plan 40M-2299 be assumed for public use; 2. That the works and services required by the Subdivision Agreement within Plan 40M-2299, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 3. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2299 be released and removed from title; and 4. That the draft by-law to dedicate Blocks 19 and 20, Plan 40M-2299 as public highway be enacted. Part °B" Executive Reports i 1. Director, Community Services, Report CS 03-12 93-103 The Canadian Progress Club - Durham South -Front Street Centre Lease Renewal 62 Recommendation 1. That Report CS 03-12 be received by Council and; 2. That the Mayor and City Clerk be authorized to execute a renewal lease agreement to permit The Canadian Progress Club - Durham South to continue their use for club and community purposes at the Front Street Centre from February 1, 2012 to January 31, 2015 that is acceptable to the Director, Community Services and the City Solicitor. 2. Director, Community Services, Report CS 06-12 104-117 The Claremont Lions Club -Management Agreement Renewal Recommendation 1. That Report CS 06-12 be received by Council; and 2. That the Mayor and City Clerk be authorized to execute a management agreement renewal to which the Claremont Lions Club will be permitted to continue to provide certain management services to the City at the Claremont Community Centre from April 1, 2012 to March 31, 2015, that is in a form and substance acceptable to the Director, Community Services and the City Solicitor. 3. Director, Corporate Services & Treasurer, Report CST 04-12 118-127 Tender/Contract Approval -Council's Break for Christmas/New Year Period Recommendation 1. That Report CST 04-12 of the Director, Corporate Services & Treasurer regarding tender and contract approvals during the Council Break for Christmas/New Year be received; and, 2. That Council confirm the Chief Administrative Officer's approval of Request for Proposal No. RFP-4-2011 submitted by AECOM for Consulting Services for Structural Repairs & Associated Works. 4. Director, Corporate Services & Treasurer, Report CST 05-12 128-136 Statement of the Treasurer Respecting 2011 Remuneration and Expenses of Members of Council and Council Appointees to Boards, Agencies and Committees Recommendation That Report CST 05-12 of the Director, Corporate Services & Treasurer regarding the Statement of the Treasurer respecting Remuneration and Expenses of Members of Council and Council Appointees for the year 2011 be received. Citq oo _ 6 3 PRE"KEEMG March 26, 2012 NEW AND UNFINISHED BUSINESS PAGES 1. Director, Planning & Development, Report PD 04-12 66-117 Zoning By-law Amendment -A 18/08 2075729 Ontario Ltd. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316), City of Pickering [At the February 21, 2012 meeting of Council the matter of Report PD 04-12 was referred to the March 26, 2012 meeting of Council] Recommendation 1. That Zoning By-law Amendment Application A 18/08 be approved to permit mixed use residential and commercial development on lands being Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 18/08, as set out in Appendix I to Report PD 04-12, be finalized and forwarded to City Council for enactment, once a licence agreement with Hydro One respecting existing parking and access, has been submitted to the satisfaction of the City. 2. Chief Administrative Officer's Report, CAO 05-12 118-158 City of Pickering Comments on Proposed Amendment No. 1 to the Central Pickering Development Plan Recommendation 1. That Report CAO 05-12 of the Chief Administrative Officer regarding Proposed Amendment No. 1 to the Central Pickering Development Plan (CPDP) be received; 2. That Council advises the Minister of Municipal Affairs and Housing that the proposed amendments to Section 4.5 (Item 13), Section 4.6 (Item 14), Section 4.8 (Item 18), and Section 5.1 (Item 22) of the Central Pickering Development Plan are unacceptable to the City; and requests instead that the Minister reinstate the removed clauses, with modifications, as follows: (a)4.5.14 Acknowledge the importance of required transportation network improvements outside of the Development Planning Area for the successful implementation of the Plan and its role in helping to realize the Growth Plan for the Greater Golden Horseshoe, 2006, 6 4 recognizing that progressive development of such external transportation infrastructure is to facilitate the build-out of the Development Planning Area. Notwithstanding Policy 5 of Section 4.5, the construction of the Sideline 26 (Whites Road) interchange shall be concurrent with servicing the first phase of the Prestige Employment lands. (b)4.6.2 Servicing of the lands shall be phased to reflect a cost-efficient and logically sequential extension of required infrastructure within the Development Plan Area, including the servicing of 80 ha of Prestige Employment lands concurrent with the first phase of development, based on an absorption rate for residential and employment lands that would achieve the population and employment forecasts for 2031. (c)4.8.5 Require Neighbourhood Plans and policies to be prepared for each of the fifteen neighbourhoods. These Neighbourhood Plans may be combined and may include parts of the Natural Heritage System and Prestige Employment Areas and shall include: a) Preparation of a pedestrian and bicycle systems plan based on the overall network developed through the Master Environmental Servicing Plan; b) Consideration of the previously completed archaeological and heritage assessments; c) Identification of stormwater management system/facility locations, type, preliminary sizing; and d) Identification of detailed community facility requirements. (d) 5.1.5 It is a policy of this Plan to require, prior to the enactment of any zoning by-law, the implementation of appropriate measures and financial agreements, such as front-ending agreements, cost-sharing agreements and/or development charges to ensure that the development of the community does not cause a financial burden on either the City of Pickering or the Regional Municipality of Durham with respect to facilities, services and infrastructure. The cost of development of community services and facilities should be fairly shared by all benefiting parties and be consistent with the results of a Fiscal Impact Study to be carried out for the City of Pickering and the Regional Municipality of Durham. 3. That Council requests the Minister of Municipal Affairs and Housing to provide financial assistance to the City in accordance with Section 20 of the Ontario Planning and Development Act, in order to ensure the provision of required infrastructure and community facilities in Seaton and/or to enact an amendment to the Development Charges Act to permit the City to secure adequate funding for the required infrastructure and community facilities in Seaton through an area-specific development charge by-law; and 65 4. Further, that the City Clerk forward a copy of Report CAO 05-12 to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Infrastructure, the Regional Municipality of Durham and the Seaton Landowners I City o~ Report To Planning & Development Committee PICKERING Report Number: PD 04-12 Date: February 6 2012 66 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment -A 18/08 2075729 Ontario Ltd. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 18/08 be approved to permit mixed use residential and commercial development on lands being Part Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 316; and 2. Further, that the draft zoning by-law to implement Zoning By-law Amendment Application A 18/08, as set out in Appendix I to Report PD 04-12, be finalized and forwarded to City Council for enactment, once a licence agreement with Hydro One respecting existing parking and access, has been submitted to the satisfaction of the City. Executive Summary: The applicant requests an amendment to the zoning by-law to permit an eight storey apartment building and multi-storey retail and office building at 1640 Kingston Road (see Location Map - Attachment #1 and Applicant's Submitted Plan - Attachment #2). The 1.8 hectare site is located at the northwest corner of Kingston Road and Guild Road (Village East Neighbourhood). The proposal is consistent with the policies of the Official Plan and the Kingston Road Corridor Urban Design Development Guidelines. The introduction of an apartment building and retail and office uses will increase activity along Kingston Road, creating a more pedestrian-oriented `mainstreet' streetscape and supporting the planned bus rapid transit system. The recommended draft zoning by-law addresses minimum and maximum permitted building heights and building footprint restrictions, which take into account the need for appropriate physical transition to neighouring properties while improving the Kingston Road streetscape. Existing uses are also recognized. The draft by-law also includes an "(H)" Holding provision which ensures a number of technical and site plan matters are resolved prior to release of any building permits. The application is recommended for'approval. Staff recommend that the implementing by-law be brought forward to Council for enactment, once a fully executed short term licence agreement with Hydro One is provided to accommodate parking and access for the existing uses. Report PD 04-12 February 6,'2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 2 67 Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1.0 Background: 1.1 Property Description The subject lands are located at the northwest corner of Kingston Road and Guild Road and are approximately 1.8 hectares in area (see Location Map - Attachment #1). The lands currently support the T-Phat grocery store, and the D.O.T. Patio furniture store. The westerly and northerly portions of the property are subject to a Hydro One easement accommodating overhead high voltage transmission lines. Surrounding uses include detached dwellings on Guild Road and a Hydro Corridor to the north; detached and semi-detached dwellings to the south across Kingston Road; Hydro Corridor and townhouse development to the west; and detached dwellings and an automotive maintenance facility across Guild Road to the east. 1.2 Applicant's Proposal The applicant is proposing to amend the zoning by-law to permit an eight storey, 110 unit apartment building and a new 6,548 square metre multi-storey retail and office building (see Applicant's Submitted Plan - Attachment #2 and Elevation Plan - Attachment #3). The building currently housing the T-Phat grocery store is proposed to be retained as a one storey retail building. The south section of the existing building (current location of D.O.T. Patio) is proposed to be demolished and replaced with a five storey building having retail at grade and four storeys of medical and professional office space above. The apartment building is proposed to be located in close proximity to the Kingston Road and Guild Road frontages. i A driveway access from Kingston Road is proposed to be relocated eastward to the property line, and the existing service driveway on Guild Road is proposed to be relocated further north, approximately 80 metres from the intersection. A portion of the required parking is proposed to be located on Hydro One lands immediately west of the subject property. 2.0 Comments Received: 2.1 At the April 11, 2011 Public Information Meeting and in written submissions A number of residents, mainly from Guild Road, offered verbal comments at the Public Meeting and/or written comments through individual letters and a petition (see Attachments #4 & 5). The following summarize the concerns raised: Report PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 3 63 • impact of the proposed expansion of the parking area northward, adjacent to residential lots fronting onto Guild Road, particularly with respect to noise and emissions from this parking area • impact of the main entrance being on Guild Road, with respect to the volume of traffic (residents, customers, deliveries) coming in and out of the entrance; the impact of the proximity of the new driveway to adjacent residential lots in terms of privacy and noise and headlight impacts • additional resulting traffic on Denmar Road, Guild Road and Kingston Road • the types of retail businesses being permitted (concern with bars) and the tenure of the apartment building • potential for over-shadowing and overlook into rear yards on Jaywin Circle on the south side of Kingston Road • questioning the results of the noise study that indicated noise would be minimal with appropriate mitigation measures in place; and questions about the hours of construction activity • concerns with the existing food store, including garbage blowing from the property onto adjacent properties, and the removal of street trees; as well as general concerns with the building remaining • potential negative impact on property values 2.3 City Department and Agency Comments Region of Durham • the proposed amendment is consistent with the Planning Department Region's policies to develop higher density mixed use developments along arterial roads • the proposed development must preserve the remaining Key Natural Heritage Feature located along the site's east property line adjacent to residential lots fronting Guild Road • a Record of Site Condition related to soil remediation and concrete floor restoration works must be filed with the Ministry of the Environment • warning clauses/mitigation measures identified in the Noise Control Study will be required and should be included in the development agreement with the City • municipal water supply and sanitary sewer service is available to the subject property • rather than relocating the Kingston Road entrance, the existing entrance should be utilized and modified to allow only right-in/right-out movements (see Attachment #6) Report PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 4 69 Engineering Services the site plan will require modification. Access to Division the proposed loading area is unclear and will not function as shown; the curb radius east of the underground parking ramp is too tight • on-site stormwater storage will likely be able to control the 2-100 year post-development stormwater flows down to the 2 year pre-development flow as required • additional comments were provided to be addressed at the detailed design stage (see Attachment #7) Development Control the Traffic Impact Study may need to be revised if the Kingston Road access is restricted • Guild Road may require improvement pending access restrictions on Kingston Road • the Phase I & II Environmental Site Assessment is to be revised to include additional information prior to site plan approval • the Preliminary Stormwater Management Report must be revised to include further detail, and must confirm that the storm sewer on Guild Road can handle the flows from this site prior to site plan approval • the Functional Servicing Plan must include storm sewer information for the site and address stormwater comments from Engineering Services (see Attachment #8) No other agency that provided comments has any objection to the subject applications. 3.0 Discussion: 3.1 The proposed uses and built-form are supportable and comply with. the Official Plan and Kingston Road Corridor Urban Design and Development Guidelines The City of Pickering Official Plan designates the subject property "Mixed Use Areas - Mixed Corridors" (Village East Neighbourhood) and provides for residential densities of over 30 units per hectare and up to and including 140 units per hectare. The Official Plan allows a floor space index (total gross floor area divided by the lot area) of up to and including 2.5. The Mixed Corridor designation is intended primarily for residential, retail, community, cultural and recreational uses at a scale serving the community. '-port PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 5 70 The proposed retail, restaurant, office commercial and high density residential uses are consistent with the designation. The residential density of the proposed development is approximately 61 units per hectare and the floor space index for the entire proposed development is 1.5. Although the work being undertaken to identify the potential for intensification along the Kingston Road Corridor, as part of the Growth Strategy Program, has not been completed, the intensity of development proposed is appropriate for this site. The Kingston Road Corridor Urban Design and Development Guidelines, adopted by Council in 1997, establish a general design framework that supports the long term vision for the Kingston Road Corridor as a "mainstreet". Low to mid-rise buildings are promoted for the north side of Kingston Road and a minimum height of two storeys for both sides of Kingston Road is established. The siting of the proposed eight storey apartment building and multi-storey retail and office building in close proximity to Kingston Road will create a pedestrian- oriented street edge in accordance with the Development Guidelines, and will also support the future bus rapid transit system along Kingston Road. Building envelope and build-to zone provisions in the recommended zoning by-law ensure the siting of the buildings in accordance with the Guidelines. In addition, a minimum height of four storeys is being required within 25 metres of Kingston Road to achieve an appropriate pedestrian-oriented streetscape. 3.2 The proposed development is considered compatible with the existing neighbourhood The proposed zoning by-law provides for an appropriate transition between the higher intensity development proposed on the site and adjacent residential neighbourhoods. The residential lands to the north, east and south of the subject lands are designated Urban Residential-Medium Density Area, reflecting the potential for future redevelopment of the lands at a higher intensity than the existing detached dwellings. The siting of the proposed buildings in close proximity to Kingston Road and Guild Road minimizes the impact on the adjacent residential lots, by maximizing distance between the development and existing uses to the north and east. The proposed zoning by-law identifies a building envelope that provides for a 27 metre building setback from the closest northerly residential lot and a separation distance of 23 metres from the nearest residential property to the east across Guild Road. Within the 27 metre setback, a 9.8 metre setback is provided from a residential property line to any drive aisles. The proposed zoning by-law provides for a maximum height of five storeys over most of the building envelope, which increases to seven and eight storeys at the Kingston Road/Guild Road intersection. Report PD 04-12 February 6,2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 6 The minimum distance to a seven storey building from the north property line is approximately 30 metres and 23 metres from the nearest residential property line to the east across Guild Road. An eight storey building would be a minimum of approximately 48 metres from the rear property lines of residential lots south of Kingston Road. The shadowing impacts of an eight storey building at the intersection are considered to be minimal on neighbouring properties, including the lots on the south side of Kingston Road (see Attachment #9, Sun Shadow Study Excerpts). In the spring, fall and winter months, as the proposed development shadow shifts eastward through the day, shadows would fall across some residential properties to the north and on the east side of Guild Road for limited time periods through the afternoon and evening. Very little summer shadowing relative to the neighbouring residential properties would be caused by the proposed buildings. The Jaywin Circle rear yards adjacent to Kingston Road would receive shadowing in early summer during short periods in the early morning and late evening. Staff support the use of the northerly area of the subject lands for parking subject to adequate buffering from neighbouring uses. The proposed zoning by-law provides for a minimum landscape buffer strip of 4.5 metres adjacent to the rear property lines of lots along the west side of Guild Road providing a spatial separation of the rear yards and drive aisles/parking spaces, and the potential for preservation of the existing hedgerow or new plantings which will function as additional screening. The appropriate location of driveways, loading areas etc., which may have an impact on neighbouring properties, will be dealt with as part of the site plan approval process. The location of the driveway on Guild Road should be located to minimize headlight impacts on properties on the east side of Guild Road, while meeting the Region's requirements of minimum distances from the Kingston Road intersection. 3.3 Traffic impacts resulting from the proposed development have been considered The Traffic Impact Study notes the proposed development is expected to contribute only minimal additional delays to this area of Kingston Road. The report includes a recommendation that the Region consider signalization at the Guild Road/Kingston Road intersection. Should the intersection be identified for signalization, part of the associated costs may be included in a development agreement between the City and the Owner. In order to achieve the recommended separation distance of the Kingston Road right turn lane into the site from the intersection, the Region has requested that the existing driveway location on Kingston Road be maintained. They have also requested that the driveway be modified to accommodate only right-in and right- out movements. The existing driveway is located on Hydro One lands. RPnnrt PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 7 72 Hydro One's approval is needed to accommodate these requirements, and will be sought during site plan approval. 3.4 Parking provisions reflect a blended rate for multi-use buildings The proposed development shown on the concept plan consists of: • a 110-unit apartment building; • approximately 10,300 square metres of commercial floor area, consisting of the 3,758 square metres T-Phat grocery store, and the proposed new 6,548 square metres building having retail at grade and four storeys of professional office space above. Approximately 464 parking spaces are shown as being provided on-site, with 246 of the spaces being provided as surface parking and 218 spaces provided in an underground structure beneath the apartment building. Most of the on-site surface parking spaces are proposed to be provided on the northerly portion of the site within the Hydro One easement. Hydro One has indicated that this surface parking would be permitted within the easement. An additional 196 surface spaces are proposed to be provided on the abutting lands to the west, owned by Hydro One. The City's parking requirement for apartments (1.25 spaces per apartment unit plus 0.25 spaces per unit for visitor parking) can.be achieved. The proposed underground parking structure has sufficient spaces for the required residential parking as well as surplus spaces that could be used for non-residential uses. The majority of the required visitor parking for the apartment building should be provided as surface parking in close proximity to the building. Deducting the required number of surface spaces for residential visitor parking and including the surplus underground parking spaces; the number of available spaces would provide parking for the non-residential uses at a rate of approximately 2.9 spaces per 100 square metres within the subject lands. A blended rate of 4.0 spaces per 100 GLFA has been approved for mixed retail/office development along Brock Road in Duffins Precinct and is considered appropriate for the non-residential uses on this property which is also adjacent to a major transit spine. Provision of the additional 196 spaces on the abutting Hydro One lands would result in parking being provided at a rate of 4.8 spaces per 100 square metres for non-residential uses. The recommended draft zoning by-law contains provisions that would allow required parking to be located off-site, within a defined area of the abutting Hydro One lands to the west. An easement or satisfactory long term lease agreement with Hydro One would be required in order for these spaces to be considered as required parking under the zoning by-law.. To date, the applicant has indicated confirmation of a five-year lease arrangement beginning in 2012, which would be sufficient for the continued use of the existing food store and furniture store uses, but not sufficient for redevelopment of the site. Report PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 8 In the absence of a long term lease for parking on the Hydro One lands, parking requirements would have to be met on-site, through additional underground or surface parking. Although the concept as shown relies on provision of parking off-site, which is not yet secured, staff support the zoning of the lands in accordance with the vision for this portion of the Kingston Road corridor, as a means of moving closer towards implementation of the City's vision for Kingston Road. 3.5 Existing building and uses are recognized in the proposed zoning by-law The applicant has requested that the existing uses and existing building be recognized in the zoning by-law. The existing D.O.T Patio use is not currently permitted in the by-law and there is no site plan agreement registered on title for the building. Although the existing building may restrict the development potential of the site, the proposed performance standards in the proposed zoning by-law (e.g., the minimum requirement of four storeys along Kingston Road) will ensure that an appropriate development is achieved on the site consistent with the vision for Kingston Road. Site plan approval is not being sought to recognize the existing development, and staff do not support the creation of additional parking areas to accommodate existing uses. Rather, staff encourage submission of a site plan application that reflects the proposed development. Staff will continue to work with the applicant to address the property standards issues that have been raised by the public. 3.6 Site details to be addressed through site plan approval A site plan application for the proposal has not yet been submitted. The concept plan and elevations are likely to change to accommodate the comments included in this report. All site development matters concerning the City will be more thoroughly addressed through the site plan review process. This review will address items such as, but not limited to building massing, facade treatments/improvements, noise mitigation, outdoor lighting and light intrusion, accessibility, parking location, site access, truck turning movements, stormwater management and hydrogeology, servicing and landscaping including identification of specific trees to be retained and the number and spacing of trees to be planted. The Key Natural Heritage Feature identified by the Region of Durham appears to be a hedgerow along the northeasterly property line comprised partially of residential landscape specimens and partially of self-seeded vegetation. Although staff do not consider this vegetative grouping to be of sufficient significance to protect it through an Open Space zone in the zoning by-law, the 4.5 metre landscape buffer provided for in the by-law will provide opportunity for either preservation and/or additional plantings. A tree inventory and preservation plan will be required to be submitted as part of the site plan application. Report PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 9 74 The Regional Works Department has commented that the site access from Kingston Road be retained in its existing location to allow for sufficient vehicle stacking distance and separation from the Guild Road intersection. The existing access to the site is located entirely on Hydro One lands. The location of the entrance from Kingston Road will be confirmed through the site plan approval process. The Noise Study identified rooftop mechanical/HVAC equipment and truck related sources as the stationary sounds generated by the proposed development. The study concluded that, as long as noise control measures recommended in the study are implemented, the stationary sound associated with the development will not impact any noise-sensitive land uses in the vicinity of the site. The Region has reviewed the Noise Control Study and has found it to be generally acceptable. The applicant will be required through site plan approval, to implement the warning clauses and mitigation measures identified in the report. Cash-in-lieu of parkland dedication for the residential portion of the development will be required and secured through the site plan agreement. 3.7 Sustainability implications have been reviewed Staff's review of the application against the City of Pickering Draft Sustainable Development Guidelines resulted in a score that achieved the minimum Level 1 requirements for Guideline #2 (Plan of Subdivision, Site Plan, Rezoning and Building Permit Guidelines). It is an infill project that provides the opportunity to redevelop lands in a form that represents an appropriate intensification of the site and takes advantage of existing infrastructure within the City's urban area. Specific sustainability features include- provision of mixed use - commercial/housing uses to provide diversity • infill project adjacent to a Regional Transportation Spine • intensification/utilization of an under-developed property within the existing municipal built boundary • reduction of reliance on the automobile • enhanced pedestrian environment In addition, there will be an opportunity to improve this rating as additional sustainability measures become available through site plan review and detailed building design. 3.8 A Site Specific Amendment to Zoning By-law 3036 should be enacted Staff supports the rezoning application and recommends that-the site-specific implementing by-law attached as Appendix I to Report PD 04-12 be approved. i Report PD 04-12 February 6; 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 10 J The By-law provides for: • a variety of high density residential and commercial uses including: • apartments, long term care facilities and retirement homes • business and professional offices • retail, personal service and restaurant uses • a minimum building height of four storeys along Kingston Road • a maximum building height of five storeys, with seven to'eight storeys permitted at the Kingston Road/Guild Road intersection; • building envelope and build-to provisions directing building siting in close proximity to Kingston Road; maximum gross leasable floor area for all non-residential uses of approximately 10,000 square metres; a maximum of 110 units apartment units, and an overall maximum floor space index of 2.5 for all buildings; • parking requirements of 4.0 spaces per 100 square metres gross leasable floor area for non-residential uses; and appropriate parking requirements for retirement homes and long-term care facilities; and • recognition of existing uses in the existing building. An "(H)" Holding symbol is proposed in order to ensure the following requirements are addressed: • updates to the Phase I & II Environmental Site Assessment • a development/site plan agreement requiring, among other things, payment of any off-site costs required to accommodate the proposed development, and acceptable arrangements with Hydro One to permit long term parking and access on Hydro One lands, if required It is recommended that the by-law not be brought forward for enactment until a satisfactory licence agreement with Hydro One is provided, to guarantee parking and access for the existing uses. 4.0 Applicant's Comments: The applicant is aware of the recommendations of this report. Resort PD 04-12 February 6, 2012 Subject: 2075729 Ontario Inc. (A 18/08) Page 11 76 Appendix: Appendix I: Draft Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Building Elevations for Kingston Road and Guild Road 4. Minutes from April 11, 2011 Statutory Public Meeting 5. Resident Comments and Petition 6. Comments from Region of Durham Planning Department 7. Comments from City Departments - Engineering Services 8. Comments from City Departments - Development Control 9. Sun Shadow Study Excerpts Prepared By: Approved/Endorsed By: Isa Jam s, CIP, RPP Neil Carroll, PP Planner Director, Pla & Development UUl (J L Q Zt ~ Marg Wouters, MCIP, RPP Manager, Development Review & Urban Design IJ:jf Recommended for the consideration of Pickering Ci Council cuc - zs, Zo~z Tony Prevedel, P.Eng. Chief Administrative Officer 77 Appendix I To Report PD 04-12 Draft Zoning By-law Amendment Application A 18/08 i DM4FF The Corporation of the City of Pickering By-law No. xxxx/12 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-laws 3692/69 and 3920/70, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, in the City of Pickering. (A 18/08) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a mixed use development for apartment buildings, commercial uses, retirement home and a long term care facility on the subject lands, being Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, in the City of Pickering; And whereas an amendment to By-law 3036, as amended by By-laws 3692/69 and 3920/70, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules "I", "II" and "III" Schedules "I", "II and "III" attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall only apply to those lands in Part of Lot 20, Concession 1 and Lots 1, 2 & 43, Plan 318, City of Pickering, designated "RH/MU-8" on Schedule "I" attached hereto. 3. Definitions In this By-law, (1) "Adult Entertainment Parlour" shall mean a building or part of a building in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (2) "Body Rub Parlour" includes any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario; By-law No. xxxx/12Page 2 4~!x law =of W 0 (3) "Build-to-zone" shall mean an area of land in which all or part of a building elevation of one or more buildings is to be located; (4) "Business Office" shall mean a building or part of a building in which the management or direction of a business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store;. (5) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour; (6) "Commercial Music School" shall mean a school which is operated for gain or profit and contains the studio of a music teacher; (7) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher, or an art school, a golf school or any other such school operated for gain or profit, but shall not include any other school defined herein, (8) "Convenience Store" shall mean a retail store in which food, drugs, periodicals or similar items of day-to-day household necessities are kept for retail sale primarily to residents of, or persons employed in, the immediate neighbourhood; (9) "Day Nursery" shall mean lands and premises duly licensed pursuant to the provisions of The Day Nurseries Act, or any successor thereto,' and for the use as a facility for the daytime care of children; (10) "Drug Store" shall mean a building or part of a building in which pharmaceutical prescriptions are compounded and dispensed to the public, and where medicine, medical supplies and associated merchandise, confectionary items, cosmetics, toiletries, periodicals, or similar items of day-to-day household necessity are stored, displayed and offered for retail sale; (11) "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to any such processes; (12) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; By-law No. xxxx/12 Page 3 (13) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (14) "Financial Institution" shall mean a building or part of a building in which money is deposited, kept, lent or exchanged; (15) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (16) "Food Store" shall mean a building or part of a building in which food, produce, and other items or merchandise of day-to-day household necessity are stored, offered or kept for retail sale to the public; (17) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (18) "Gross Leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (19) "Laundromat" shall mean a self-serve clothes washing establishment containing washing, drying, ironing, finishing or other incidental equipment; (20) "Long Term Care Facility" shall mean a building or part of a building which is licensed or approved to provide health care under medical supervision in which rooms or lodging are provided in conjunction with the provision of meals, personal care, nursing services and medical care and treatment, but does not include a hospital; (21) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (22) "Multiple Dwelling-Vertical" shall mean a building containing three or more dwelling units attached horizontally and vertically by an above-grade wall or walls, or an above-grade floor or floors, or both; (23) "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; i By-law No. xxxx/12 DMFF Page 4 - (24) "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (25) "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined in the Municipal Act, R.S.O. 1980, Chapter 302, as amended from time-to-time, or any successor thereto; (26) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both, but shall not include an adult entertainment parlour as defined herein; . (27) "Retail Store" shall mean a building or part of a building in which goods; wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (28) "Retirement Home" shall mean a building or part of a building providing accommodation primarily for retired persons where each private bedroom or living unit does not include a stove top and oven, does have a separate entrance from a common hall, and where common facilities and services may be provided for the residents including personal services, the preparation and consumption of food, nursing services, common lounges, recreation rooms and ancillary support offices;. (29) "Storey" shall mean that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it; (30) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon. 4. Provisions ("RH/MU-8" Zone) (1) Uses Permitted ("RH/MU-8" Zone) (a) No person shall within the lands designated "RH/MU-8" on Schedule "I" attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: By-law No. xxxx/12 Page 5 g2 (i) business office; (ii) convenience store; (iii) commercial club; (iv) commercial music school; (v) commercial school; (vi) day nursery; (vii) drug store; (viii) dry cleaning depot; (ix) financial institution; (x) food store, (xi) laundromat; (xii) long term care facility; (xiii) multiple dwelling-vertical; (xiv) personal service shop; (xv) professional office; (xvi) restaurant - type A; (xvii) retail store; (xviii) retirement home; (2) Zone Requirements ("RH/MU-8" Zone) No person shall within the lands designated "RH/MU-8" on Schedule "I" attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Building Location and Setbacks: (i) Excepting the buildings and structures existing on the subject lands prior to the date of the passing of this by-law, buildings and structures shall be located entirely within the building envelope shown on Schedule "II" attached hereto; (ii) No building, part of a building, or structure shall be erected unless a minimum of 75 percent of the length of the build-to-zone, as illustrated on Schedule "II" attached hereto contains a building or part of a building; (iii) Notwithstanding Section 4(2)(a)(i) above, below grade parking structures shall be permitted beyond the limits of the building envelope identified on Schedule "II" attached hereto, but no closer than 0.5 metres from the limits of the lands; (b) Building Heights: In accordance with Schedule "III": (c) Floor Space Areas: By-law No. xxxx/12 Page 6 83 (i) A maximum of one food store shall be permitted; (ii) The maximum gross leasable floor area for a food store shall be 3,758 square metres; (iii) The aggregate of the gross leasable floor area of medical professional offices shall not exceed 50 percent of the maximum permitted gross leasable floor area for non-residential uses; and (iv) The maximum gross leasable floor area for all non-residential uses shall be 10,000 square metres; (v) The maximum aggregate gross leasable floor area for all restaurant - type A uses shall be 500 square metres; (vi) The maximum number of apartment units is 110 (vii) The maximum floor space index of all buildings is 2.5 (d) Parking Requirements: (i) There shall be provided and maintained a minimum of 4.0 parking spaces per 100 square metres of gross leasable floor area for all permitted uses listed in Section 4(1) of this By-law, except for multiple dwelling-vertical, retirement home and long term care facilities. Non-resident parking shall be provided at grade, in. an above grade structure, or in a below grade structure, or any combination thereof; (ii) For multiple dwelling-vertical uses, there shall be provided and maintained a minimum of 1.25 parking spaces per dwelling unit for residents, and 0.25 of a parking space per dwelling unit for visitors. Parking spaces for residents shall be provided in a below grade structure, at grade or both. Visitor parking shall be provided at grade; (iii) For retirement homes there shall be provided and maintained a minimum of 0.3 parking spaces per living unit for residents, and 0.05 parking spaces per living unit for visitors for retirement home uses; (iv) For long term care facilities there shall be provided and maintained a minimum of 1.0 parking spaces per 3 resident bed for long term care facility use; (v) All entrances and exits to parking areas and all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; By-law No. xxxx/12 Page 7 8 4. (vi) At grade parking lots shall be permitted no closer than 4.5 metres from any residential zone, 3.0 metres from any commercial zone and road right-of-way, and 1.5 metres from any open space or agricultural zone; (vii) At grade parking lot aisles shall be located no closer than 9.8 metres from any property line abutting a residential zone; (viii) Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 3036, as amended, shall not apply to lands designated "RH/MU-8", on Schedule "I" attached hereto. (e) Special Regulations I (i) No drive-through facilities are permitted on lands designated "RH/MU-8"; (ii) Despite Section 4(2)(a)(i) of this By-law, outdoor patios associated with a restaurant - type A are permitted to encroach beyond the building envelope as illustrated on Schedule "II" of this By-law, except in locations abutting residential zones; (iii) Despite Section 4(2)(a)(i) of this By-law, covered walkways with. supporting structures, are permitted to encroach beyond the building envelope as illustrated on Schedule "ll" of this By-law, except in locations abutting residential zones; (iv) Despite Section 4(2)(d)(i) required parking spaces for non- residential uses may be provided on abutting Hydro One lands to the west, to a maximum a distance of 120 metres from Kingston Road, subject to a long-term parking agreement or easement with Hydro One, acceptable to the City; (v) Despite Section 4(2)(f)(iii) outdoor patios associated with a restaurant - type A is not considered to be gross leasable floor area; (vi) For the purpose of this by-law, long term care facilities and retirement homes are considered residential uses; 5. Provisions ("(H) RH/MU-8" Zone) (1) Uses Permitted ("(H) RH/MU-8" Zone) Until such time as the "(H)" Holding Provision is lifted, the lands shall not be used for any purpose other than the existing food store and retail store uses within the building existing at the date of the passing of this by-law, and subject to the required parking rates in this by-law. (2) Removal of the "(H)" Holding Symbol M I By-law No. xxxx/12 Page 8 R5 The "(H)" Holding Symbol shall not be removed from the "RH/MU-8" zone until the completion of the following: (a) Acceptance by the City of a long-term parking agreement between the Owner and Hydro One for the provision of parking on abutting Hydro One lands, or the accommodation of all required parking in accordance with this by-law on the subject lands; (b) Acceptance by the City of a long-term access agreement between the Owner and Hydro One for the provision of access on abutting Hydro One lands, or the accommodation of all required access locations on the subject lands; (c) Execution of a Development Agreement with the City including provisions that all the requirements for the development of the lands have been complied with, including but not limited to, environmental and engineering requirements, site access, off-site works, vehicle parking, lighting, landscaping, stormwater management, phasing of construction, easements and all financial matters; and (d) Appropriate arrangements have been made to the satisfaction of the Region of Durham for the provision of environmental and engineering requirements. 6. Repeal of By-law Upon this By-law coming into force and effect, the By-laws 3692/69 and 3920/70 are hereby repealed. I BY-law No. xxxx/12 D94Fr Page 9 85 7. By-law 3036 By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this day of , 2012. David R ayor Debbie Shields, City Clerk 8 i i i of i i IA- c 63.2m ~/C~ a •(H)RH/MU-7 .3 PART OF LOT 1 & 2, PLAN 316 O AND PART OF LOT 20 CON. i O 6~ F ~ O 3 N .SCHEDULE I TO BY- PASSED THIS DAY OF 2012 MAYOR tow CLERK L 83 X E o. ~ 7A CEO \ Ci \ 3,Om It 1>5 O S 1 A \ \ •O O 3 \ ® BUILD-TO-ZONE BUILDING ENVELOPE . N SCHEDULE D TO BY-LAW PASSED THIS DAY OF 2 MAYOR CLERK 3 o O t 10 p t r rr t t #t # t ,rrt y# t { y t{ rt (C 2 yttt {rrr~^O J8 O F P ~ F h ~ ® 14 metre (4 storey) minimum Q 17 metre (5 storey) maximum t k 23 metre (7 storey) maximum ® 26 metre (8 Storey) maximum SCHEDULE M TO BY-LAW PASSED THIS DAY OF A MAYOR tie CLERK ATTACHMENT#_L_._TO REPORT# PD 90 7-1 t_o-02, FINCH AVENUE 0 0 0 HIE 70-- 0 d S BJECT > OPERTY 0 o Q r c~ 0 \,\\,Gcl ULEVARD w Q O r w a JP~~\N C~RC~E ° G R z PARK CL, > FzOP~ O x O ct~ C) c~ O o m 0 DIANA, URG\ F PN ONMORS LWl TOT LOT SOU PRE GETA 0 O PRINCESS OF O CIRCLE Q Q Y 2¢ PICKERING = DREYBER COURT City of Pickering Planning & Development Department PROPERTY DESCRIPTION Plan 316, Lot 1 & 2 & 43, Part Lot 20, Conc. 1 OWNER 2075729 Ontario Inc. DATE Mar. 2, 2011 DRAWN BY JB FILE No. A 18/08 SCALE 1:5,000 CHECKED BY IJ N a . ourcee: Teranet Enterpnees Ins. d its suppliers. All rights Reserved. Not a plan of wrvey, 2005 MPAC and Its eu Ilars. All rl hte Reservetl. Not a pt of Survs P'Y-10 1 ATTACHMENT# TO 'IPPORT# PD D 4L ~/ot 91 INFORMATION COMPILED FROM APPLICANT'S SUBMITTED PLAN A 18/08 . 2075729 Ontario Inc. _ _ _ - ( DoT \ s~ o{ „ / eo, \ / e ~ n d ~iir~l i~iiiiiii i n 61 EXISTING i SINGLE STORE w, YCOMMERCIAL ~O a xwoA Pm mu (I AGES) B r RETAIL BUILDING j [ NEW STOREY ESI AL j CON DOM NIIUM I GROUND FLOOR NEV COMMERCIAL RETAIL j j ~~~VVV UPPER LEVELS (4 (4 STOREYS): NEW OFFICES KINGSTON ROAD - N THIS AMP WAS PROOUC£D BY 7N£ CRY OF PICKER/N0. PLANNING k DEY£LOPM£NT 0£PARTMEW INFORAm770N k SUPPORT S£RNCE$ MARCH 2, 2011. ATTACHmENT# TO REPORT# PD 92 A 18/08 Elevations *4 11 e , ; w 7 4.. 3"' r I r 2f+t :x'01 Guild Road Elevation i F -7 w _ ~ .rtiwiYr ,L V t 1 i ~ 11 1; a L .ice •C ....•yxY MIXED U5t` rrvn Optv1€Ni. Kingston Road Elevation ATTACHNIENT#.._-TO 93 REPORT# PID Excerpts from citq co Joint Planning & Development and Executive Committee Meeting Minutes Monday, April 11, 2011 7:30 pm - Council Chambers Chair: Councillor Rodrigues (III) Part `B' - Information Reports Marg Wouters, Manager, Development Review & Urban Design gave an outline of the requirements for a Statutory Meeting under the Planning Act. She outlined the. notification process procedures and 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 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. 1. Zoning By-law Amendment -.A 18/08 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1 2 & 43, Plan 316), 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 Il.gave an overview of zoning amendment application A 18/08. She provided a summary of correspondence which was received after the creation of the information report. Lorelei Jones of Macaulay Shiomi Howson Planning Associates Inc. appeared on behalf of the applicant in support of the application. She provided a summary of the applicant's proposal and provided additional information with respect to the application. She noted the area would be comprised of approximately 290,000 square feet. She noted the existing T Phat grocery store would not change, but would have a 3 metre buffer along the property line. She outlined the studies which had been undertaken and informed the Committee she would be available to answer questions. A question and answer period ensued with issues being discussed regarding litter, delivery areas, timetables and the existing lease agreement with the Hydro lands. Rob Rollings, 1974 Guild Road appeared before the Committee with concerns regarding parking. He stated this would be in the back part of his property and noted that parking already exists to the west which is currently paved and questioned why they would extend the parking to the north. He also questioned how the noise issues could be considered as minimal. 1 ATTACHMEND `L-TO REPORT# PD -L) 94 - Excerpts from c~ .01 Joint Planning & Development and Executive Committee MCKERING Meeting Minutes Monday, April 11, 2011 7:30 pm - Council Chambers Chair: Councillor Rodrigues Sherri Lee appeared on behalf of Helen Gibson -Lee and Sandra Scott, who reside at 1635 Jaywin Circle. She questioned what was permitted in the By-law with respect to the hours of operation for construction. She also questioned whether a shadow study had included Jaywin Circle and what type of retail business would be located,. specifically whether bars would be included. She also stated their concerns with respect to the Go buses, noting the additional residential and retail space would only add to the already busy flow of traffic during rush hours. Rick Gallant, .1961 Guild Road appeared before the Committee with concerns relating to the close proximity of the development to his driveway and the resulting traffic issues. Mr. Sanders, 1981 Guild Road appeared before the Committee requesting clarification on whether the development would be apartment units or condominiums. Lorelei Jones appeared before the Committee to address the residents' concerns relating to parking, noise, shadowing and driveways with respect to the proposed development. A further question and answer period ensued with staff responding to questions raised by the Committee with respect to underground parking, traffic separation, the lease agreement with Hydro lands and the refacing of the existing T Phat grocery. 2 dkTrA0JMENT# -'5 TO 95 REPORT# PD From: GORD MACMILLAN [mailto:martinupmartin@yahoo.ca] Sent: March 30, 2011 7:40 PM To: James, Isa Subject: zoning application A 18/08 Hello Isa My name is Gordie MacMillan and I live at 1966 guild rd. next to TPHAT supermarket and I am writing to you as I think you know some of my history with the property and Mr. Niceforo the owner. Ever since I have moved here in 2006 I have had trouble from the start with the tenants he rented or squatted to and the condition of the house the property and his disinterest in his property or more importantly his neighbours. I believe the tenants were there so the city could not have it condemned all in favour for Mr. Niceforo's timing on what to do with the property. When he had them evicted I am sure it was to be done before this hearing so things would look nice and clean now that the house .has been torn down. I am totally against the zoning amendment for this property for the simple reason that Mr. Niceforo's character and Integrity is for me questionable.He has dealt with me in a manner over a small fence that I would say has been deceitful,even his contractor has now lied to me and Both him and his contractor's word is not worth anything to me.I have talked to Tony once here at my house and we looked at where it should go and I have talked 2 or 3 times on the phone over this fence.Neither Tony or his contractor have informed me what has happened as the fence was to be up before the snow flies in 2010 amd I haven't heard from them since,the silence say's alot. My neighbours and I have complaints to the city and the police on record which attests to how this man treats this neighbourhood with nothing but dollar signs in his head and no desire to be a good neighbour or a good landlord as I have seen his treatment of the tenant he had in the house.Now that the house is gone the garbage from next door is a constant pain in ass for my wife and I as now we pick up his garbage on my property which is a sore that is only festering now that he desires to build an 8 story condiminium beside me and not do the right thing first which is put up the fence and keep his garbage to himself I have no confidence in this man's word no matter what he say's he want's to do,he has not proven to anyone in this neighbouhood that he cares about the people around him who ARE his neighbours. Ithink it would be a detriment to the people on the block who don't want this,just come out and ask us,knock on a few doors and hear what people have to say. WE LIVE HERE TO.If the city of Pickering passes the application we will be disappointed to say the least and realise that the city is just looking at further revenue for itself and not really care about the little guy who loses again.I hope not.You the city also know this man's history in his dealing with you and us and I hope you do the right thing. Thank you Gord MacMillan I am also sending you some photos of the garbage,it's a disaster and an eyesore have a look and this is what I see everyday. L ATTACHMENTC-6-To REP©RT# PDT r 96 ~l ,A•w~-~£'`~' '.,fir =a, C ~~~r Z } ~.,'r ~ r~ ~,~•,'~`rr~ rte` <~•~~~~,,'y'r?~a, 3~ y ~ ° + ~ ~ ~ ~t~ ai t. o ,i l ter' 7 ATTACNMENT# S' REPORT# PD Q -----Original Message----- From: sandy. scott(D_servicecanada.gc.ca (mailto:sandy.scott(a.servicecanada.gc.cal Sent: March 30, 2011 10:44 AM To: Shields, Debbie Subject: Zoning By-law 3036 Good. Morning Ms Shields, I am writing to you today to voice our concerns over the proposed rezoning of 1640 Kingston Rd, Pickering. This area currently houses a single floor retail business and the proposal before the city now is to construct an eight story.condominium and office/retail space on this property. We reside directly opposite this space on Jaywin Circle and have some serious concerns about this proposal. It poses a serious threat to our privacy as this building will loom directly over our back yard property, and that of our neighbours. And further to our concerns is the fact the our,property values will decrease due to this obstruction of approximately 100 feet high. Not to mention the increased traffic flows in this already congested area. I am appalled that the city would even entertain a rezoning request as we are a residential area, and this proposal will be an unwanted monstrosity to our neighbourhood. Be it known that I wish to reserve the option to appeal a decision of the City of Pickering. I also wish to be notified of the possible adoption of this by-law. Sincerely, Sandy Scott 1635 Jaywin Circle Pickering, ON L1V2W3 Sandy Scott Service Canada Old Age Security - SCBO-02 Local 00648 - Vice President - Programs Tel: 416-952-7150 sandy.scott servicecanada.ca Fax'416-952-8658 Always remember to Make Pet Adoption Your First Option ' ATTACHMENT# TO li REPORT# PD O 5L" / a 98 H. Gibson, 1635 Jaywin Circle, Pickering, ON. L1V 2W3 17INAL 10 COPY T0: ~i c1v t v z y.y' April 18, 2011 CORR. FILE - City of Pickering Administration Department RECEIVED Legal & Legislative Services Division Clerks office APR 2 0 2011 Attention: D. Shields - City Clerk Fax: 905-420-9685 CITY DICKERING PLANNING G & DEVELOPMENT DEPARTMENT Re: Zoning Amendment Application A 18/08 Dear Ms. Shields, am writing this to express my concern and opposition to the proposed zoning amendment and planned development at 1640 Kingston Road, Pickering. Unfortunately, I was out of town for the Joint Planning & Development/ Executive Committee meeting held on April 11, 2011, but my daughter did attend on my behalf. From her reporting of the meeting, there was little information disseminated concerning the project and many questions went unanswered. Items not addressed, the noise level impact on the neighbourhood, the privacy effect with regard to the residential homes within the shadow of the condominium, traffic impact not only on Kingston Road & Guild Road, but on Denmar Road, will a restaurant and/or bar be approved for residency in the 4 story Retail-Commercial building etc: Of great concern as well is what impact will this complex have on the property values. I trust that another meeting will be planned as soon as possible in order that interested parties receive the information being requested and afford the public additional opportunity to express their concerns. Sincerely, Helen G"I~on F ATCACHMENT# TO # PD.~o ~f-/2 I K 1 7 ~i ry L EPf~R'T 9 9 72 f~Y d / 5 '7 ~ LET 7 C r i ! i~ Iq c 4 e'1 /o~-r n l c C-e C, /I lee :S/c! re X A-7 --e b it,; idl C/ c; / l4 j v t (~i~~lZ nvr i'-~-~ ~ • ~ ~ ~ w ~ Z G ~1 ~ t~~ c l-~ l ~ 1 [ ~ j~' f1 0 ~ ~ l~ ~ i~~ ~o v i r^ J ti s<' a C l e o /-e 7 , .16 , rA t 4 ~ s TCr ~j C; -c ~ x,11 C l3r ~i k ~'1G < i.Aj 7 Y I\A Vc ry L t Fo c hey n ~ i s r 1 ; ~h rnc~~ -Fro 0 v~ f DC-n rL c lAd a, 5 CLQ C rd 44 i,/ ,t t he~ r' Ca r s 4 I E~tS i-s r~I Ll . I~ ~ ~ n c~ >1 C( ~ c u ~t + CL C h ei n i r) rtCc.C~' v t L` ct Ylot Thc`(4 Dac°,t. J it " " %Yl C V~'fa Lp~ C 'cC{ L-' cam---- C', r--c L, p 5-~ 4 C 4 k~~ W< L 1 C rlo `G'EC r c C -e ,nCt , hc"rr)-e but ~ o 411 Sd cc Cl t'w I Y~ 1 G' ! v MZ. E t -l 1 r) 1~-6 ~ {C'C 1 11l V, 5; L4 jLo AaACHMENT# TO REPORT# PD / 100 ~l l2 tlll /7c q- AJs fi/& Jl1N(J' ! ►a Ll~ ~.t /Dii7L I I, 1 ATTE~CHM€N'T# S TO A RR 8 /2 0 t h 1974 Guild Road Pickering, Ontario OFFICE L1V lYl April 7, 2011 ORIGINALTO: - O D. Shields CoPYTO: City Clerk, City of Pickering Pickering, Ontario L 1 V 6K7 _ CORR. Fitt TAKE APR. ACTION Dear Ms Shields: We are long-time residents of our city, and we are writing to express our concerns about the Zoning By-law Amendment - A 18/08 regarding the property at 1640 Kingston Road. Our family lives at 1974 Guild Road and have done for over 20 years. Our primary concern with the proposed development is with the parking area currently shown in the Hydro Corridor directly behind Lots 44 to 50 on the submitted plan. Currently this area is green space with a buffer of trees at the back of our property (Lot 48). Having parking directly behind our property will impact significantly on our ability to enjoy our back yard. This includes a tremendous increase in noise and emissions from vehicle traffic in and out of this parking area which appears to be within only a few feet from our property. A number of other neighbours are in the same position as the parking extends behind 8 of the lots on Guild Road. There already exists a substantial parking area along the full extent of the Hydro Corridor along Kingston Road of which only a part of it appears to be part of the planned parking for this site. It does not make any sense for additional green space to be paved over for parking when there is already a paved parking lot directly adjacent to this site. Also of concern is the addition of a new driveway off of Guild Road which will be situated within approximately 70 in of our property. The increased traffic and noise on this quiet residential street will be detrimental to our quality of life and our property values. There is already a driveway into this site off of Kingston Road which could be utilized without any additional impact on residents of Guild Road. We do not object to the revitalization of this property, however, the current plan does not seem to account for the impact on the existing neighbourhood and its residents and seems to go out of it way to cause the greatest possible harm. Sincerely, Robert Rollings, P.Eng f' Helma Rollings wzn IM Copy 8 air' At#ents (City Clerk) Cori. F;L` APR 2 0 20 p1,.AN~ ®~pA~~ TAi« A?i?. ACTION 10 L From: Rick Gallani / Linda Laffan (owners o eke , CE Re: Issues we are opposing to do with Zoning Application A 18 / 0 Our main concern is the new driveway entrance which would be located directly across from our driveway to which a high volume of vehicles going in and coming out of this designated parking area for the apartment and the T-Phat grocery store (and it is just that..a grocery store, in comparison to a small market) Sometimes: they can get as many cars in their parking lot as Sobey's does. They are also open on certain holidays where others are closed. Therefore with our main window directly.facing this "new driveway area we will have NO PRIVACY whatsoever. Once it becomes dark (much earlier in the winter of course)there would be a constant stream of headlights practically in our face through most of the evening hours as well. We are in the line of fire so to speak. Can you imagine all of those trucks heading into the loading docks (INCLUDING 53' tractor trailers) making that turn into this "new driveway" right in 'front of YOUR house?? There is always a constant.stream of them..'seafood trucks..bread trucks..vans..you name it) all day long and this would all be happening right in front of our window area like we have stressed. We would welcome any one of you city councillors to come over to our house-back into our driveway..sit there and try to visualize what we will be looking at. Maybe THEN there would be some. compassion for us. Would any of you like to live here??We have looked at this messy corner for years. The worse being, with the same owner of the property we are speaking about had cut down all the trees (INCLUDING CITY TREES)on city property! When we complained to the city about it because it revealed even more of that delapitated building, we were told he had to pay a fine OR replant a good number of NEW trees to which NEVER happened.. Why?? The City let him get away with it obviously. We feel he (the property owner) didn't and doesn't care about his. fellow neighbours: Now he wants _to build this apartment building.. a 4 storey commercial /retail building. PLUS keep a delapitated grocery store. To much traffic congestion in a small area for all of this. Sounds like pure greed.For the longest time we have been in a state of depression already-not wanting to even improve on our own home because of all the stress the property across the street has inflicted on us. We don't even want to open the blindsaf this "driveway" happens across from us we might as well never open them. At the public meeting on Apri111th..2075729 Ontario Inc. showed 2 nice pictures of the STREETSCAPE EAST ELEVATION and STREETSCAPE WEST ELEVATION. Well the WEST side picture is NOT showing a true picture because alongside of that apartment will be a portion of the T Phat building and that is what the residents on Guild Rd. will be looking at..especially, us.How ridiculous is that?It just doesn't make sense.Another concern regarding the "new driveway"..if you are coming from the other end of Guild Rd (Finch) there is a a bit of a curve in the road just before where all that driveway willbe..hopefully no one is speeding to much and someone comes flying out of that busy driveway.Guild Rd. is to narrow for this kind of traffic congestion. It could well become a mini fileWC:\Documents and Settings\Rick\Local Settings\Application Data\IM\Runtime\Mesm... 4/18/2011 ATTACHMENT# S -TO REPo~T# PD = 103 intersection rather than a driveway.In the summer months there are a great number of accidents right at the intersection of Kingston Rd. & Guild already. We also feel sorry for our fellow neighbours on the other side of our road that could have a huge parking lot right off of their backyards. Lastly, who is to say that down the.road..so to speak..that the Condo apartments could turn into a low rental type because of the loading docks / trucks/ etc. going to & from the market. Who would really want to rent or buy one facing that side at all? We request that a copy of this letter be given to all councillors and Mayor that were present at that April 19th, public meeting and we thank you very much for taking in our side of all this and give it very serious consideration. Much obliged; Rick Gallant/ Linda Laffan 05 1961 Guild Rd. 001VIA8 '61 /F (71 k L file://C:\Documents and Settings\RickTocal Settings\Application Data\IM\Runfime\Messa... 4/18/2011 ATTACHMENT# S TO REPORT# PD 0 4" - 12 • 104 11 0 71f i 10 C J ^ ~ YJ 7 I r / / Zl W ~ i ~ r ZK~ I 1 105 ATVACHMENT#~TO REPORT# PDT SUBJECT : Zoning By-law -A 18108 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering PETITION of those who are against the request of the above applicant. Name & Address e(andlo ` ments if you wish) tz .e AL- &,L~ Pd. 12d, l a r G~L~ N43 - ! Y / 4/16/2011 ATTACHMENT# $ ---TO REPORT# PD o SUBJECT : Zoning By-law A 18108 106 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering I PETITION of those who are against the request of the above applicant. Name & Address (and comments if you wish) Up, " 4/16/2011 AT' -5 TO JSUCT: REPOWU Zoning By-law -A 18108 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering PETITION of those who are against the request of the above applicant. Name & Address (and comments if you wish) y 2a~`77' 917 1! J 4/16/2011 1 ATTiCHMENT# ~ _TO April 20, 2011 REPORI'# PD 108 RECEIVED Isa James Planner 11 APR 2 6 2011 Planning & Development Department City of Pickering CITY GP PICKE:RING • One The Esplanade PLANNDEPARTMENTPMENT Pickering, ON L1V 6K7 The Regional Dear Mrs. James Municipality of Durham Re: Zoning Amendment Application A 18/08 Planning Department Applicant: 2075729 Ontario Inc. Location: 1640 Kingston Road 605 ROSSLAND ROAD E Part of Lot 20, Conc. 1 and Lots 1 2 & 43 Plan 316 4•" FLOOR ' ' PO BOX 623 Municipality: City of Pickering WHITBY ON L1 N 6A3 CANADA 905-668-7711 The Region has reviewed the above noted application and offers the Fax: 905-666-6208 following comments for your consideration. Email: planning@durham.ca www.durham.ca The purpose of this application is to amend Zoning By-law 3036 to permit an A.L. Georgieff, MCIP, RPP 8 storey apartment building and a multi-storey retail and office building. Commissioner of Planning Regional Official Plan The subject lands are currently designated 'Living Areas' with the `Regional Corridor', overlay in the Durham Region Official Plan (ROP). Corridors are to be planned and developed as mixed-use areas, which include residential, commercial, and service areas with higher densities. This zoning amendment application is to amend the zoning by-law from Commercial C- 19 to Mixed Use - residential, commercial, office, and medical Uses. Mixed use development consisting of residential, commercial, office and medical uses is permitted within the Corridor designation. This application proposes the redevelopment of 1640 Kingston Road. Also included in the redevelopment plan is the property known as 1964 Guild Road (formerly a single detached dwelling), which is intended to be used as an access. Regional mapping indicates that there are Key Natural Heritage Features located on 1964 Guild. Road and continuing north at the rear of the residential lots fronting Guild Road. Recent site visits have revealed that the residential structure and vegetation on 1964 Guild Road have been removed (save for one coniferous tree). The applicant shall demonstrate to the satisfaction of the City of Pickering that the proposed development will have no further impact on the remaining Feature. "Service Excellence for. our Corn munities" 100% Post Consumer ATTACHMMR. TO REPO;U# PI)_ a ~V -4~2 Provincial Policies & Delegated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. Potential Site Contamination A Phase I & II Environmental Site Assessment (July / August 2005), a Supplementary Phase II Environmental Site Assessment (August 2005) and a Phase III Remedial Excavation Study (September 2005) were submitted in support of'this application. The results of the Phase I & II studies indicated that there were hydrocarbon impacted soils located on site, localized to an area under the existing commercial building, and believed to be associated with the historical import of fill onto the site. A soil remediation and concrete floor restoration works were undertaken during the period from September 7 to September 15, 2005, and is documented in the Phase II Remedial excavation Study. The Regional Planning Department notes that these studies are approximately six years old, with the potential that significant changes could have occurred during that timeframe. It is a standard requirement that a Record of Site Condition be filed with the Ministry of Environment related to the remediation works previously completed. Noise Impact The Noise Control Study, prepared by MMM Group Limited, has been reviewed and been determined to be generally acceptable. The applicant will be required to implement the warning clauses / mitigation measures identified in the report and should be included in the development agreement with the City of Pickering. There are no other matters of provincial plan interest applicable to this application Regional Services Water Supply and Sanitary Sewer Servicing Municipal water and sanitary sewer service is available to service the subject - site. The existing property is currently. connected to Regional municipal services. Transportation Access to Kingston Road must be restricted to right-in/right-out movements only. Ultimately this will be restricted with the construction, of a centre 2 ATTACHMENU-L-TO REPORT# PD d 0 median for the Bus Rapid Transit as identified in the Region's Long Term Transit Strategy (LTTS). However, in the interim, the construction of a trumpet median in the driveway throat to restrict turning movements will be required. Based on the estimated traffic volumes and the Region's Right-Turn Lane Guidelines, the proposed location for the Kingston Road entrance would require construction of a 130 metre right turn lane. However, the proposed entrance location can not accommodate the required right turn lane given its insufficient separation from Guild Road. Therefore, the existing Kingston Road entrance and right turn lane should be utilized for the proposed development. Although the Works Department does not agree with all of the methodology, assumptions, conclusions and recommendations documented in the report, the Works Department is generally satisfied that the information provided is sufficient to support our assessment of the proposed development. The Works Department does not require the submission of a revised report. Please do not hesitate to contact the undersigned should you have any questions or comments. Yours truly, Brad Anderson, MCIP, RPP Planning Analyst cc: Regional Works Department - Pete Castellan Durham Region Transit - Martin Ward Durham Region Transportation Planning - Amjad Gauhar 3 ATTACHMENT 1 - REP©~1# PD D 5~-/a` -IMECEIVED JUN 13 2011 PICKERING CITY OF PICKERING Memo PLANNING & DEVELOPMENT 1811 BICENTENNIAL 2011 DEPARTMENT To: Isa James June 8, 2011 Planner II From: Darrell Selsky Supervisor, Engineering & Capital Works Copy: Division Head, Engineering Services Subject: Zoning Amendment Application A 18/08 2075729 Ontario Ltd. 1640 Kingston (at Guild Road) The Site Plan Review Committee (comprised of both the Engineering Services and Operations & Facilities Divisions) has met to review the above noted request and provide the following comments. General Comments 1. Recognizing that this is a Zoning Amendment- there is some details that are unclear. The Enclosed Loading Area access looks like the proposed shipping is expected to back in. If the trucks are to drive through, the route is unclear. If the trucks are to back in, the main entrance width and surrounding curb radius will not support this. Please revise. 2. Review the proposed tight curb radius just east of the underground parking ramp. It ,appears to be too sharp (1.6m radius). 3. Add internal traffic signage to the plan, detailing type and location. 4. Add note/label detailing the removal and replacement of the concrete curb and gutter at the Guild Road entrance. 5. Because Kingston Road is identified as a Regional Cycling Route, please add an area (fronting Kingston Road) to accommodate this, complete with Bike racks. SB:sb .t\, I 9 ATTACHMEiIT#7-TO PICKERING Memo 1811 BICENTENNIAL 2011 To: Isa James March 28, 2011 Planner II From: Tom Dole Water Resources Engineer Copy: Manager - Development Control Senior Water Resources Engineer Coordinator - Development Approvals Subject: Mixed Land Use Re-Development - Kingston and Guild Road - File: A 18/08 The application is in support of the zoning amendment. As such, from a stormwater perspective the critical issue.at this stage is whether or not the proposed land use can be serviced rather than a detailed review of the design. With respect.to that, on-site storage is required to control the 2- 100 year post-development flows down to the 2 year pre-development flow. Given the large amount of parking area this should be easily accomplished. Detailed Design The following comments can be addressed at the detailed design stage. The runoff coefficient for this land use should be 0.9. All calculations should be updated accordingly. The runoff coefficient for the 100 year storm should be adjusted according to the formula Cioo Year = 1.25 * C as per the City of Pickering's new stormwater guidelines. On-site controls are required to control the 2-100 year post-development flows to the 2 year pre- development level. Notwithstanding the existing land use, a hydraulic grade line.(HGL) analysis should be completed for the Guild Road sewer to ensure that the sewer has sufficient capacity to accept flows from the site. The City's criteria is that the 100 year HGL is 0.3 m below the basement footing elevation of structures. The TRCA should be contacted to determine the 100 year water level in the Duffins Creek for use in this analysis. The Ontario Ministry of the Environment has not provided direction with respect to water quality credits for bioretention areas. As such, the Oil Grit Separators should be sized for 80% TSS removal for the entire tributary area using the MOE's particle size distribution. Notwithstanding, the applicant is encouraged to incorporate LID measures into the site plan to achieve the TRCA's water balance requirement. /td 1 ATTACHMEW# TO 1 1 REPORT# PD PICKERING Memo 1811 BICENTENNIAL 201-1 To: Isa James May 9, 2011 Planner II From: Robert Starr Manager, Development Control ' I Copy: N/A Subject: Zoning Amendment Application A18/08 2075729 Ontario Inc. 1640 Kingston Road (Part Lot 20, Concession 1 and Lots 1, 2 & 43 Plan 316) City of Pickering We have reviewed the latest submission for the above-mentioned application and our comments are as follows: General Comments 1. Please be advised that any external works on Kingston Road and Guild Road may require a Development Agreement with the City of Pickering. Details of these requirements will be reviewed during the Site Plan Approval process. 2. Guild Road may need to be improved pending access restrictions on Kingston Road. Statement of Conformity to Provincial Policy Statement and Growth Plan 1. No specific comments. Site Concept Plan 1. Fencing will be required on the north and east property lines adjacent to existing residences on Guild Road to provide screening from headlights. 2. Provide truck turning radii for the enclosed loading dock. Elevation Drawings 1. No specific comments. ATTACHMENW-E---To r~T# Pa Phase I & li Environmental Site Assessment REPO 1 4 1. On page 17 of the report, it states that results of a MOE Freedom of Information Search had not been received and that once received, they should be appended to the report. Please provide the results of this search. 2. Provide the location map for the boreholes in Appendix D. Phase II Environmental Site Assessment Report 1. No specific comments. Phase III Environmental Site Assessment Report 1. No specific comments. Sun Shadow Study l 1. No specific comments. Noise Control Study 1. No specific comments. Preliminary Stormwater Management Report 1. This report provides very little detail. Further details are required to provide a thorough review of the stormwater management for the site. 2. Provide confirmation that the storm sewer on Guild Road can handle the flows from this site. Functional Servicing Plan 1. This report must include storm sewer information for the site and address stormwater comments from Engineering Services. Traffic Impact Study 1. The report may need to be revised if the Kingston Road access is restricted. RS/lmc 1ARe-zoning ApplicationstA16-06 - 1640 Kingston Road\Comments - May 2011.doc May 9, 2011 Page 2 Zoning Amendment Application A18/08 ATTACHMENTC-L-TO 115 REPORT# PQ D q - a A 18/08 Sun Shadow Study Excerpts June 2111 (Summer Solstice) 70J*, r~li E z l; h i Jl ~y I 4 r i 3.00prn - i 7:00p'rn ATTACHMENT#-IL-TO REPORT# PD 116 A 18/08 Sun Shadow Study _Excerpts Sept. 21st (Equinox)__ T 4. x "4;fF 6:303111._ J 1:00pm - ~ ''ter x '6 :00 p m _ ATTArMMENT# 5-' -TO 117 REPOW Pa o A 18/08 Sun Shadow Study Excerpts Dec. 21St (Winter Solstice) f~ 8 00a m . : _ ID 1 1' 'fl 4 c 1 1:0Opm, ~Yf A: R flt S 3 y* ~ A y 4. 4.00p111 r. Report to ~ Council PICKERING Report Number: CAO 05-12 Date: March 26,2012 From: Tony Prevedel Chief Administrative Officer Subject: City of Pickering Comments on Proposed Amendment No. 1 to the Central Pickering Development Plan File: 1100-087 Recommendation: 1. That Report CAO 05-12 of the Chief Administrative Officer regarding Proposed Amendment No. 1 to the Central Pickering Development Plan (CPDP) be received; 2. That Council advises the Minister of Municipal Affairs and Housing that the proposed amendments to Section 4.5 (Item 13), Section 4.6 (Item 14), Section 4.8 (Item 18), and Section 5.1 (Item 22) of the Central Pickering Development Plan are unacceptable to the City; and requests instead that the Minister reinstate the removed clauses, with modifications, as follows: (a) 4.5.14 Acknowledge the importance of required transportation network improvements outside of the Development Planning Area for the successful implementation of the Plan and its role in helping to realize the Growth Plan for the Greater Golden Horseshoe, 2006, recognizing that progressive development of such external transportation infrastructure is to facilitate the build-out of the Development Planning Area. Notwithstanding Policy 5 of Section 4.5, the construction of the Sideline 26 (Whites Road) interchange shall be concurrent with servicing the first phase of the Prestige Employment lands. (b) 4.6.2 Servicing of the lands shall be phased to reflect a cost-efficient and logically sequential extension of required infrastructure within the Development Plan Area, including the servicing of 80 ha of Prestige Employment lands concurrent with the first phase of development, based on an absorption rate for residential and employment lands that would achieve the population and employment forecasts for 2031. I Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 2 (c) 4.8.5 Require Neighbourhood Plans and policies to be prepared for each of the fifteen neighbourhoods. These Neighbourhood Plans may be combined and may include parts of the Natural Heritage System and Prestige Employment Areas and shall include: a) Preparation of a pedestrian and bicycle systems plan based on the overall network developed through the Master Environmental Servicing Plan; b) Consideration of the previously completed archaeological and heritage assessments; c) Identification of stormwater management system/facility locations, type, preliminary sizing; and d) Identification of detailed community facility requirements. (d) 5.1.5 It is a policy of this Plan to require, prior to the enactment of any zoning by-law, the implementation of appropriate measures and financial agreements, such as front-ending agreements, cost-sharing agreements and/or development charges to ensure that the development of the community does not cause a financial burden on either the City of Pickering or the Regional Municipality of Durham with respect to facilities, services and infrastructure. The cost of development of community services and facilities should be fairly shared by all benefiting parties and be consistent with the results of a Fiscal Impact Study to be carried out for the City of Pickering and the Regional Municipality of Durham. 3. That Council requests the Minister of Municipal Affairs and Housing to provide financial assistance to the City in accordance with Section 20 of the Ontario Planning and Development Act, in order to ensure the provision of required infrastructure and community facilities in Seaton and/or to enact an amendment to the Development Charges Act to permit the City to secure adequate funding for the required infrastructure and community facilities in Seaton through an area-specific development charge by-law; and 4. Further, that the City Clerk forward a copy of Report CAO 05-12 to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Infrastructure, the Regional Municipality of Durham and the Seaton Landowners. Executive Summary: In May 2006, the Province approved the Central Pickering Development Plan (CPDP), prepared under the Ontario Planning and Development Act, 1994 (OPDA). In January 2012, the Minister of Municipal Affairs and Housing initiated an amendment.to the CPDP. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 120 The Minister is proposing 23 amendments to the CPDP that (in the Minister's words) would: change the timing requirements associated with the implementation of financial measures required by the CPDP; clarify the need for infrastructure and other community facilities related to Seaton as the community builds out; clarify the population and employment forecasts in the CPDP; clarify the relationship between the CPDP and the Growth Plan for the Greater Golden Horseshoe, 2006; and clarify the implementation process for Seaton. Various technical and housekeeping changes to the Plan are also being proposed. Submissions on the proposed amendment may be made in writing to the Minister of Municipal Affairs and Housing until April 2, 2012. The most significant concern to the City with the various proposed amendments is the removal of the clause from Section 5.1.5 that explicitly protects the City from incurring a financial burden as a result of the development of Seaton, and a change in the timing for entering into financial agreements from the Neighbourhood Plan stage to the building permit stage. Staff is very concerned that these proposed changes, if approved, would have the potential of exposing Pickering to a very significant and unreasonable financial risk. The proposed changes are also inconsistent with the Minutes of Settlement entered into by the City, the Province and the Seaton Landowners in February 2011. Approval of these changes by the Minister may constitute a breach of the Minutes of Settlement by the Province. The "financial burden" clause needs to remain in the CPDP. However, as a possible alternative on the timing for entering into financial agreements, staff is willing to consider a delay in the timing of the required financial agreements to the zoning by-law stage. In this way, staff would need to be satisfied that development would not cause an undue financial impact on the City or the Region of Durham prior to enacting any zoning by-laws. To address any financial shortfall associated with providing required infrastructure, services and facilities for Seaton, staff recommends that Council request the Minister to provide financial assistance in accordance with Section 20 of the OPDA and/or to change the Development Charges Act to permit the City to fund these costs though development charges. This would ensure that the development of Seaton does not cause an undue financial burden on the City or the Region. Financial Implications: Although the Seaton Fiscal Impact Analysis has not yet been completed, based on current information and analysis, the development of Seaton will likely cause a significant financial burden on the City or the Region. Section 5.1.5 of the CPDP as currently written requires the establishment of appropriate agreements to ensure that Seaton will not cause a financial burden on the City. The draft IBI Group Municipal Financial Impact Study undertaken to date currently estimates the financial burden to be approximately $75 million. Should the Minister's proposed change to Section 5.1.5 be enacted, the protection that was afforded by this Section will be lost, potentially exposing the City and the Region to a significant and unsustainable financial burden should the development of Seaton proceed. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 4 i 1.0 Background 1.1 In May 2006, the Province approved the Central Pickering Development Plan, prepared under the Ontario Planning and Development Act, 1994 The Province, in May 2006, approved the Central Pickering Development Plan (CPDP). The CPDP establishes a vision for achieving a sustainable, mixed use, transit-supportive urban community of up to 70,000 persons and 35,000 jobs on the Seaton lands, and preserving prime agricultural land, within an extensive natural heritage system throughout both areas. Of note, Section 5.1.5 of the- CPDP requires, prior to or concurrent with the approval of the first Neighbourhood Plan, appropriate agreements with the Seaton landowners to ensure that development does not cause a financial burden on either the City or Region of Durham. This policy addressed Pickering's concern that development of Seaton not create a financial burden on the City with respect to the timely provision of municipal facilities, services and infrastructure. 1.2 In January, 2012, the Minister of Municipal Affairs and Housing advised the Ontario Municipal Board that a matter of provincial interest is, or is likely to be, adversely affected by the Seaton appeals Prior to the commencement of the January 25, 2012 Ontario Municipal Board (OMB) hearing, the Minister of Municipal Affairs and Housing issued a declaration of provincial interest under the Planning Act regarding the appeals of the amendments to the Pickering Official Plan and Zoning By-law affecting Seaton (see Attachment #1). The declaration was accompanied by a proposed amendment to the CPDP (see 1.3 below). Under the Planning Act, when the Minister has declared a provincial interest, the decision of the OMB is not final until approved by the Lieutenant Governor-in Council, who may also vary or rescind the decision of the OMB. The OMB hearing was subsequently adjourned. A pre-hearing conference for the Seaton appeals is scheduled for June 11, 2012. 1.3 Also on January 25, 2012, the Ministry of Municipal Affairs and Housing advised the City Clerk of a Proposed Amendment No. 1 to the Central Pickering Development Plan The Ministry of Municipal Affairs and Housing in a letter dated January 25, 2012 to the City Clerk advised that the Minister of Municipal Affairs and Housing had initiated an amendment to the CPDP (see Attachment #2). As outlined in the letter, the purpose of this amendment is to: • change the timing requirements associated with the implementation of financial measures required by the Central Pickering Development Plan • clarify that the need for infrastructure and other community facilities related to Central Pickering will be required as the community builds out in a logical and sequential manner Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 5 122 • clarify the population and employment forecasts in the Central Pickering Development Plan and the intent that these forecasts are to be used for the purposes of planning to 2031 • clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the Greater Golden Horseshoe, 2006 • clarify the implementation process for Seaton; and • undertake minor housekeeping changes Submissions on the proposed amendment may be made in writing to the Minister of Municipal Affairs and Housing until April 2, 2012. If submissions are received within the time specified, then the Minister may, • appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written recommendation on it • refer the matter to the Ontario Municipal Board to conduct a hearing with respect to the proposed amendment and make a written recommendation on it • after considering the submissions, approve the proposed amendment in whole or in part or make modifications to it and approve the amendment as modified, or • after considering the submissions, refuse the proposed amendment in whole or in part. 2.0 Discussion 2.1 The proposed changes to CPDP Section 5.1.5 (Item 22 of proposed Amendment No. 1) deleting the requirement that Seaton will not cause a financial burden on the City (or Region), reassigning the timing of the required financial agreements to the building permit stage, and requiring the City to undertake the Fiscal Impact Study are unacceptable Staff is very concerned with the proposed changes to Section 5.1.5 as follows: a) removes the clause that protects the City from undue financial impact The proposed change removes the clause that explicitly. protects the municipality from incurring a financial burden for the cost of providing facilities, services and infrastructure. This change has the potential of exposing Pickering and its taxpayers to a very significant and unreasonable financial risk. Further, the proposed changes are inconsistent with items 4 and 5 of the Minutes of Settlement signed by the City, the Province, and the Seaton Landowners in February 2011, and if approved by the Minister, could constitute a breach of contract. The parties agreed that the City's Seaton Conformity Official Plan Amendment (OPA) conforms to the policies of the CPDP. Specifically, Section 2.14 (c) (vii) of the Seaton Conformity OPA requires the adoption of appropriate measures, incentives and controls to ensure that Seaton does not impose a financial burden on the City or Region.. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 6 L The City would not have signed the Minutes of Settlement without the protection of Section 5.1.5. The Settlement is a contract, binding upon all parties. By unilaterally removing the financial protection from Section 5.1.5, the Province is removing a fundamental underpinning of the contract. This will result in a breach of the contract. Such a breach exposes the City to a substantial financial burden. The City may have no choice but to seek recovery of appropriate damages through the courts. b) reassigns the timing of the required financial agreements from "prior to or concurrent with the approval of the first Neighborhood Plan" to the "building permit stage" It is much too late in the process to wait until the issuance of building permits to obtain financial agreements. By that time, the City would have no way to enforce the financial conditions, since the Building Code would not allow the City to withhold permits pending finalization of these agreements. As a possible alternative, staff would be willing to consider a delay in the timing of the required financial agreements to the zoning by-law stage. Staff have reworded Section 5.1.5 (City changes are bolded) as follows: It is a policy of this Plan to require, prior to enacting any zoning by-laws, the implementation of appropriate measures and financial agreements, such as front-ending agreements, cost-sharing agreements and/or development charges to ensure that the development of the community does not cause a financial burden on either the City of Pickering or the Regional Municipality of Durham with respect to facilities, services and infrastructure. The cost of development of community services and facilities should be fairly shared by all benefiting parties and be consistent with the results of a Fiscal Impact Study to be carried out for the City of Pickering and the Regional. Municipality of Durham. Adding a reference to the enactment of zoning by-laws will provide the necessary policy support for the City to be satisfied that, prior to enacting any zoning by- laws, the development of Seaton would not cause an undue financial impact on the City or Region. c) requires the City (or Region) instead of the Seaton Landowners to undertake the Fiscal Impact Study The proposed wording change from "for" to "by" will require the City (or Region) to carry out their respective Financial Impact Studies. IBI Group on behalf of the Seaton landowners has submitted a draft Municipal Financial Impact Study, which is currently under review by the City and its peer review consultant, C.N. Watson. Staff is currently assessing the implications of development to ensure that development of Seaton does not create a financial burden on the City with respect to the timely provision of municipal facilities, services, and infrastructure. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 7 124 Significant staff and consulting time has already been spent on its review and staff continue to work with IBI to narrow the issues. There is no need to change the current wording to require the City to undertake the Study. If the proposed wording is approved, the City will need to seek funds from the Seaton landowners to undertake the Study with the real possibility of further delay. 2.2 The draft Municipal Financial Impact Study and discussions to date demonstrate to City staff that a shortfall exists between Development Charge revenues and the estimated capital program. It remains to be determined who is responsible for making up the shortfall The draft Municipal Financial Impact Study identified a significant shortfall (approximately $75 million) between Development Charge revenues and the estimated capital program costs. Furthermore, this shortfall does not include the capital costs of the District Park lands and external City roads. Discussions with the IBI Group on the study's analysis are continuing. Regardless of the amount of the financial shortfall, there remains the issue of who is responsible for making up the shortfall. There are two funding options: • Option One is for the Minister of Municipal Affairs and Housing to provide financial assistance in accordance with Section 20 of the OPDA; and • Option Two is for the Minster to enact the necessary legislative changes to the Development Charges Act that would permit the City to fund the enhanced infrastructure costs associated with Seaton. For example, amendments to the Act should include, but perhaps not be limited to, provisions allowing the City to enact a development charge by-law which is not limited by the level of service in the existing community; allowing a greater portion of the costs to be recoverable from development charges; expanding the range of services which are recoverable by development charges; specifying that per capita costs may be based on current legislative and community requirements; and giving the City the ability to establish a separate and distinct development charge for a new community in an existing municipality. Staff are recommending that Council request the Minister to consider both the financial assistance and development charge options in order to prevent undue financial impact on the City and Region. Should the Minister not accept the City's proposed recommendations, the' City would need to revaluate its cooperation with the Province in the planning and development of the Seaton community. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 8 _v 2.3 The proposed change to Section 4.5 (Item 13) and Section 4.6 (Item 14) should also include wording to reference the early delivery of infrastructure and services to support the first phase of employment land development There are no policies in the CPDP requiring construction of the Sideline 26 (Whites Road) interchange and the servicing of the Prestige Employment lands as part of the first phase of the Seaton `development. These infrastructure elements were requested by both the City and Region to support an employment objective of creating a balanced live/work relationship in the early stages of neighbourhood development. Accordingly, staff recommends that the proposed change to Section 4.5 also include a reference to the construction of Sideline 26 (Whites Road) interchange concurrent with servicing the first phase of the prestige employment lands. Accordingly, staff have reworded Section 4.5.14 (City changes are bolded) as follows: Acknowledge the importance of required transportation network improvements outside of the Development Planning Area for the successful implementation of the Plan and its role in helping to realize the Growth Plan for the Greater Golden Horseshoe, 2006, recognizing that progressive development of such external transportation infrastructure would occur to facilitate the build-out of the Development Planning Area. Notwithstanding Policy 5 of Section 4.5, the construction of the Sideline 26 (Whites Road) interchange shall be concurrent with servicing the first phase of the Prestige Employment lands. In addition, staff have reworded Section 4.6.2 (City changes are bolded) to reflect the early servicing of the Prestige Employment lands as follows: Servicing of the lands shall be phased to reflect a cost-efficient and logically sequential extension of required infrastructure within the Development Plan Area, including the servicing of 8U ha of Prestige Employment lands concurrent with the first phase of development, based on an absorption rate for residential and employment lands that would achieve the population and employment forecasts for 2031. 2.4 The proposed change to Section 4.8 (Item 18) to delete all of the policy requirements for Neighborhood Plans is partially acceptable All the Neighborhood Plans have been' prepared and endorsed by Council, the Province and Seaton landowners based on the requirements of Section 11.72 of the Seaton Conformity OPA and Section 4.8 of the CPDP. Also, under the Minutes of Settlement, the parties agreed that the neighbourhood plans for the Seaton landowners lands that were endorsed are to be included with the Seaton Conformity OPA that is be presented to the OMB for approval. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 9 126 These policy changes are also inconsistent with items 10, 11 and 12 of the Minutes of Settlement. If approved by the Minister, this policy change may necessitate staff having to prepare modifications to the Seaton Conformity OPA and all of the neighbourhood plans that have been endorsed by Council and accepted by the Seaton landowners. Staff recommends that most of the policy requirements remain in the proposed Amendment with the exception of identifying drainage boundaries and environmental sustainability measures within select neighborhoods. These two requirements are identified in the Master Environmental Servicing Plan and the Sustainable Place-Making Guidelines. As an alternative, staff have reworded Section 4.8.5 (City changes are bolded) to be consistent with the Council endorsed Seaton Conformity OPA and Neighbourhood Plans as follows: Require Neighbourhood Plans and policies to be prepared for each of the fifteen neighbourhoods. These Neighbourhood Plans may be combined and may include parts of the Natural Heritage System and Prestige Employment Areas and shall include: . a) Preparation of a pedestrian and bicycle systems plan based on the overall network developed through the Master Environmental Servicing Plan; b) Consideration of the previously completed archaeological and heritage assessments; c) Identification of stormwater management system/facility locations, type, preliminary sizing; and d) Identification of detailed community facility requirements. The above alternative also includes minor wording changes to reflect the fact that all of the Council endorsed Neighbourhood Plans incorporate parts of the Natural Heritage System and certain Plans incorporate parts of the Prestige Employment Areas. 2.5 The proposed Amendment is adding population and employment forecasts of 61,000 residents and 30,500 jobs by 2031 in several policies in the CPDP and these numbers are to be used by the Region in its conformity exercise with the Growth Plan The current wording of the CPDP references an eventual population and employment of 70,000 residents and 35,000 jobs. The Seaton Conformity OPA has been prepared to accommodate 61,000 residents and 30,500 jobs by 2031, and plans to accommodate 70,000 persons and 35,000 jobs through long term intensification. These numbers were considered targets for the purpose of accommodating population and employment growth in Seaton by 2031. The proposed amendment now stipulates that the 61,000 residents and 30,500 jobs are now considered forecasts and are to be used by the Region in undertaking its conformity exercise with the Growth Plan. Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 10 The Region's allocation of population and employment prior to being modified by the Province had no numbers for Seaton but rather total population and employment forecasts for Pickering of 221,340 residents and 76,720 jobs by 2031. The Minister's Decision on ROPA 128 inserted a modification to require that population and employment forecasts for Pickering include a population of 70,000 residents and 35,000 jobs for Seaton, in conformity with the CPDP. This modification will now need to be further modified if proposed Amendment No.1 to the CPDP is approved. It is expected that the Region's urban land needs analysis will need to be reviewed in light of the CPDP forecasts of 61,000 residents and 30,500 jobs for Seaton by 2031. The impact on the proposed future expansion areas identified by the Region for northeast Pickering is unclear. However, City staff, in discussion with Ministry and Regional staffs, continue to support the population and employment forecasts of 221,340 and 76,720 allocated to Pickering by 2031. 2.6 An explanation of the 23 proposed amendments to the CPDP are provided in Appendix 1 to this Report Staff's comments on the 23 proposed amendments are included for Council's review in Appendix I to this Report. Staff have met with representatives from the Ministries of Municipal Affairs and Housing and Infrastructure to express the City's concern with the proposed amendment changes to Sections 4.5, 4.6, 4.8 and 5.1. 3.0 Next Steps City staff is having on-going dialogue with Ministry staff on the City's concerns. Staff will report back on the Minister's decision respecting proposed Amendment No. 1 to the CPDP. Appendix: Appendix I: Detailed Comments and Recommended Revisions to the Proposed Text of Amendment 1 to the Central Pickering Development Plan Attachments 1. Letter from Minister Wynne, Ministry of Municipal Affairs and Housing dated January 25, 2012 to the Ontario Municipal Board 2. Letter from Larry Clay, Regional Director, Ministry of Municipal Affairs and Housing dated January 25, 2012 to City Clerk Report CAO 05-12 March 26, 2012 Subject: CPDP Proposed Amendment No. 1 Page 11 Prepared By: Approved/End rsed By: Grant McGregor, MCIP, PP Evereft-bunfeKng Principal Planner - Policy Director, Community Services ~Ie4~z zg= Catherine Rose, MCIP, P Gillis A. Paterson Manager, Policy Director, Corporate Services & Treasurer t f Thomas E. Melymuk Director, Office of Sustainability Neil Car Directo ping & Development Paul Bigio i City Solicit r GM:jf Recommended for the consideration of Pickering City Council . 2Q 2ot 2, Tony Prevedel, P.Eng. 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'r U c c. a-.~- .=~,(a cu c m0 o c~ o m CL c O" C2 m ' O eaa a) a~()ac)°-'"rc.2)~n am 0 v ~ m uUi~ E•- ~vO E m 0.- N 3 °cv o 3 •d a) ° a0 m c c a)-0 Ea ~0 c.m m o - 0 a) ° 0 cu o 0 c o 0 a) 00 0L ai > WO 1-OcEco a0:3 m0cc 00omcn~m x _ a a E a 4a d M U 0 • a a U N ATTACHMENT #-I_ 144 Ministry of Ministere des Municipal Affairs Affaires municipales and Housing at du Logement Office of the Minister Bureau du ministre 777 Bay Street, 17th Floor 777, rue Bay, 17' etage Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel. 416 585 7000 Tel, 416 585 7000 Fax 416 585 6470 Te1ec. 416 585 6470, www.ontario.ca/MAH www.ontario.ca/MAH January 25, 2012 Ontario Municipal Board 15th Floor - 655 Bay Street Toronto, ON M5G 1 E5 Attention: Joanne Hayes, Registrar/Secretarv Dear Ms. Hayes, RE: Declaration of Provincial Interest Appeals of the Failure of the Council of the City of Pickering to enact proposed amendments to the City of Pickering's Official Plan and Zoning By-law (the "Seaton appeals") Ontario Municipal Board File and Case Numbers: See Schedule 'A' Pursuant to ss. 22(11.1) and 34(27) of the Planning Act, I am writing to advise the Board that I am of the opinion that a matter of provincial interest is, or is likely to be, adversely affected by the Seaton appeals. The entirety of the proposed amendments to the City of Pickering's Official Plan and Zoning By-law are subject to this declaration of provincial interest. The general basis for my opinion is that, the following matters of provincial interest under s. 2 of the Planning Act are, or are likely to be, adversely affected: 0) the adequate provision of a full range of housing, including affordable housing; (k) the adequate provision of employment opportunities; (m) the co-ordination of planning activities of public bodies; (p) the appropriate location of growth and development; and, (q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians. Further, the provincial interest in implementing the Central Pickering Development Plan created under the authority of the Ontario Planning and Development Act, 1994, is or is likely to be, adversely affected. 1 4 5 ATTACHMENT #_1_T0 REPORT # CAD 05-/2- subsection 22(11.3) of the Planning Act provides that a decision of the Board regarding the proposed amendments to the City of Pickering's Official Plan is not final or binding. Subsection 34(29) provides that the Board shall not make an order in relation to the proposed Zoning By-Law amendments. Pursuant to ss. 22(11.4) and 34(29.1) of the Planning Act the Lieutenant Governor in Council may confirm, vary or rescind the decision of the Board. If you have any questions in relation to this matter, please contact Irvin Shachter, Counsel for the Ministry of Municipal Affairs and Housing at (416) 535-6543. Sincerely, Kathleen Wynne Minister ATTACHMENT #.1-T0 REPORT kaA6-0 5 l D-- 146 Schedule `A' Ontario Municipal Board Case Nos. PL101016, PL101017, PL101018, PL101019, PL101020, PL101021, PL101022, PL101023, PL101343, PL101344, PL101345, 131-111108, PL111109, PL111110 Ontario Municipal Board File Nos. PL101024, PL101026, PL101028, PL101030, PL101032, PL101034, PL101036, PL101038, PL101040, PL101042, PL101044, PL101046, PL101048, PL101050, PL101052, PL101054, PL101056, PL101350, 131-101352, PL101354 4 7 ATTACHMENT # a_TO REPORT # CAp o 5- 2 Ministry of Ministbre des Municipal Affairs Affaires municipales and Housing et du Logement Municipal Services Division Division des services municipaux • 777 Bay Street - 2nd Floor 777, rue Bay, 2 6 dtage Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 Telephone: 416 585-6226 Telephone: 416 585-6226 Fax: 416 585-6882 T616copieur: 416 585-6882 Toll-Free: 1-800-668-0230 Sans frais: 1-800-668-0230 a January 25, 2012 ~I C ..r AW DIV181011IIII fFLE NO.: City of Pickering F WA D COPY TO: Debbie Shields, City Clerk. YOR INFO. TECHNOLOGY One The Esplanade coWN,cIL _ LEGAL. SERVICES _ _ r n Pt._. Pickering ON L1V 6K7 BiLAw - _ - ENuIN.atet~LES r•ORR SERVICES COMM. SERVICES - PL. %VJING & OEV. Dear Ms. Shields: OFFICE OFSUSiAINABIUj SUPPLY aSM FIRE HUMAN rfi& Re: Proposed Amendment No. 1 to the Central Pickering Development Plan MMAH File No: 18-CPDP-0024-01 Pursuant to subsection 6(1) of the Ontario Planning and Development Act, 1994. (OPDA), the Minister of Municipal Affairs and Housing has initiated an amendment to the Central Pickering and Development Plan (CPDP). Clause 6(7)(b) of the OPDA requires that each municipality having jurisdiction over the area covered by the amendment and each municipality which abuts the area is consulted with respect to the proposed amendment and provided with a copy of the provision of section 7 and 8 and invited to make written submissions within a period of time specified by the Minister. I have enclosed the following materials in relation to the proposed amendment: - a copy of the public notice provided under clause 6(7)(a) of the OPDA that will appear the week of January 30, 2012, in the Toronto Star; - a copy of Proposed Amendment No. 1 to the CPDP; - an information summary regarding the proposed amendment; and - a copy of sections 7 and 8 of the OPDA. We would encourage you to make a copy of the proposed amendment available for public review. Submissions on the proposed amendment may be made in writing to the Minister of Municipal Affairs and Housing until April 2, 2012 at: r ATTACHMENT #,,;t_T0 REP0PxT #CA. D_ 06'-/D- Ministry of Municipal Affairs and Housing 148 Municipal Services Office - Central Ontario 777 Bay Street, 2nd Floor Toronto, Ontario M5G2E5 (416) 585-6226 Provincial staff will be following up with municipal staff over the coming weeks to consult further on this matter. However, if you have any questions regarding the proposed amendment, please do not hesitate to contact me at 416-585-7264. r .1V i.jl . actyt Re tonal Director Municipal Services Office-Central Region I I 149 ATTACHMENT #-2--TO REPORT CAo o5-Iz NOTICE OF A PROPOSED AMENDMENT TO THE CENTRAL PICKERING DEVELOPMENT PLAN Ontario Planning and Development Act, 1994, clause 6(7)(a) The minister of municipal Affairs and Housing is proposing amendments to the Central Pickering Development Plan, File Number 18-CPDP-0024-01. The proposed amendments would: a) change the timing requirements associated with the implementation of financial measures required by the Central Pickering Development Plan; b) clarify that infrastructure and other community facilities related to Central Pickering will be required in a logical and sequential manner as the community builds out; c) clarify the population and employment forecasts in the Central Pickering Development Plan and the intent that these forecasts are to be used for the purposes of planning to 2031; d) clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the Greater Golden Horseshoe, 2006; e) clarify the implementation process for Seaton; and f) undertake minor housekeeping changes. These amendments will apply to all lands located within the Central Pickering Development Planning Area as shown: SEATON I T-... w o 4 g M. g C1 II{II Z ' ..=t - of U:~lLJ I ~.r-YT LCR_ D --f..1' f f 14TH AVENUE t~..~'-X ;~q T s 1ATH AVIV UE QCentralPickedng Development Plan Area Seaton Community STEELESAVENUE EAST_ ui Agricultural Preserve ~ I : & ' S ~ ~ OJNC ESSrJN fi0AD3 Upper Tier Boundary t!: g FINCHAYENUE{ 1 ^ ISO, LJ- Kilometers=:) A copy of the requested amendment can be examined at: Ministry of Municipal Affairs and Housing Municipal Services Office - Central Ontario 777 Bay Street, 2nd Floor Toronto, Ontario M5G2E5 (416) 585-6226 Alternatively, a copy of the amendment may also be viewed through the Ministry's website at www.mah.gov.on.ca. ATTACHMENT # 2_TO REPORT #.C.A.0 05-1-1- 150 Proposed CENTRAL PICKERING DEVELOPMENT PLAN AMENDMENT NO. 1 A. THE PREAMBLE 1. Purpose of the Amendment The purpose of this amendment is to: a) change the timing requirements associated with the implementation of financial measures required by the Central Pickering Development Plan; b) clarify that the need for infrastructure and other community facilities related to Central Pickering will be required as the community builds out in a logical and sequential manner; c) clarify the population and employment forecasts in the Central Pickering Development Plan and the intent that these forecasts are to be used for the purposes of planning to 2031; d) clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the Greater Golden Horseshoe, 2006; e) clarify the implementation process for Seaton; f) undertake minor housekeeping changes. This amendmentwas initiated by the Minister of Municipal Affairs and Housing, pursuant to subsection 6(1) of the Ontario Planning and Development Act, 1994. For ease of use, references to page numbers in the Plan as approved by the Lieutenant Governor in Council in May 2006 have been included in respect of each proposed amendment. B. THE AMENDMENT The following is the text which constitutes Amendment No. 1 to the Central Pickering Development Plan 1. The Summary section is amended by deleting the sentence following the subheading `Employment' on page 3 of the Plan and substituting the following: "The provision of high-quality employment opportunities that reflect the needs of the community, with the identification of sufficient employment lands to generate ATTACHMENT # 2 TO REPORT #/~o 05 approximately one job for every two residents with 30,500 jobs by 2031 and up to 35,000 jobs through long term intensification." 2. The Summary is amended by deleting the sentence under the subheading `Housing and Mixed-Use' on page 3 of the Plan and substituting the following: "The provision of a range of housing types and densities that meets the needs of a diverse population, complements surrounding communities, and accommodates a population of 61,000 residents by 2031 and up to 70,000 residents through long term intensification at a density that is transit supportive." 3. Section 1.3 History and Context is amended by deleting the third paragraph, including the text numbered 1 and 2, on page 14 of the Plan and substituting the following: "The Province has undertaken two significant regional planning initiatives with relevance for this Plan: 1. The Greenbelt Act, 2005 authorized the Lieutenant Governor in Council to establish a Greenbelt Plan. This Plan was approved as Order-In-Council 208/2005 on February 28, 2005 and applies to the portion of the Development Planning Area known as the Duffins Rouge Agricultural Preserve. Under the Greenbelt Act, 2005 and the Ontario Planning and Development Act, 1994 development plan can establish policies that supersede the Greenbelt Plan; and 2. The Places to Grow Act, 2005 provides a legal framework for growth planning in Ontario. On June 16, 2006, a Growth Plan was released regarding the Greater Golden Horseshoe. The Growth Plan integrates and builds on other key provincial initiatives including the Greenbelt Plan, the Niagara Escarpment Plan, the Provincial Policy Statement, 2005, Planning Act reform, infrastructure planning, and source water protection planning. The Central Pickering Development Plan provides direction for the lands in Central Pickering. The objectives and policies of this Plan are intended to support the implementation of the Growth Plan for the Greater Golden Horseshoe, 2006 (Order-in-Council 1221/2006)." 4. Section 2 Goals is amended by deleting the text "Proposed" before the words "Growth Plan" in the fourth paragraph of page 18 of the Plan and adding the text 2006 (Order-In-Council 1221/2006) at the end of that sentence. 5. Section 2 Goals is amended by deleting the sentence under the subheading `Employment' on page 21 of the Plan and substituting the following: "The provision of high-quality employment opportunities that reflect the needs of the community, with the identification of sufficient employment lands to generate approximately one job for every two residents with 30,500 jobs by 2031 and up to 35,000 jobs through long term intensification." ATTACHMENT #2_TO REPORT #.C_A0 0 57-i D- 152 6. Section 2 Goals is amended by adding the sentence under the subheading 'Housing and Mixed-Use' on page 21 of the Plan and substituting the following: "The provision of a range of housing types and densities that meets the needs of a diverse population, complements surrounding communities, and accommodates a population of 61,000 residents by 2031 and up to 70,000 residents through long term intensification at a density that is transit supportive." 7. Section 3.2 Stage 2 is amended by deleting the item numbered 10 on page 27 of the Plan and substituting: 10. Provide preliminary servicing cost estimates for all Regional and City infrastructure required to be constructed within the Central Pickering Development Planning Area and for the development of the community;" 8. Section 4.3.3 Infrastructure is amended by deleting the word "required" after the words "multi-lane roads" and adding the words "as required" after the words "transportation needs" in Policy 13 on page 47 of the Plan: 9. Section 4.5.1 General Transportation is amended by deleting Objective 3 on page 53 of the Plan and substituting the following: "I Ensure the adequate progression of inter-regional transportation infrastructure through connections with Highway 407, the potential future airport and transit corridors as required. To this end, the Province will co-ordinate, through provincial ministries, the Regional Municipalities of York and Durham and the City of Toronto, transportation planning and related infrastructure decisions that support a more efficient inter-regional transit and roads network, in recognition of the importance of the movement of goods and people to the economy of the eastern Greater Toronto area;" 10. Section 4.5.1 General Transportation is amended by deleting the words "proposed" in Objective 4 on page 53 of the Plan. 11. Section 4.5.2 Transit and Active Transportation is amended by deleting the word "proposed" in Objective 11 on page 54 of the Plan. 12. Section 4.5 Transportation Network is amended by deleting the word "proposed" in Policy 11 on page 59 of the Plan. 13. Section 4.5 Transportation Network is deleting Policy 14 on page 59 of the Plan and substituting the following: "14. Acknowledge the importance of required transportation network improvements outside of the Development Planning Area for the successful implementation of the Plan and its role in helping to realize the Growth Plan for the Greater Golden Horseshoe, 2006, recognizing that progressive development of such external transportation infrastructure would occur with the build-out of the Development Planning Area." ATTACHMENT # a TO REPORT #_Cd-02oS-/.-~_ 14. Section 4.6 Servicing is amended by deleting Policy 2 on page 61 of the Plan and substituting the following: "2. Servicing of the lands shall be phased to reflect a cost-efficient and logically sequential extension of required infrastructure within the Development Plan Area, based on an absorption rate for residential and employment lands that would achieve the population and employment forecasts for 2031." 15. Section 4.7 Employment of the Plan is amended by deleting Objective 8 on page 66 of the Plan and substituting the following: "8. Plan for a community that will accommodate 30,500 jobs by 2031 and 35,000 jobs in the long-term." 16. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting Objective 3 on page 70 of the Plan and substituting the following: "3. Plan for a community with a population of 61,000 residents by 2031 and up to 70,000 residents in the long-term;" 17. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting Objective 6 on page 70 of the Plan. 18. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting Policy 5 on page 71 of the Plan and substituting the following: "5. Require Neighbourhood Plans and policies to be prepared for each of the fifteen neighbourhoods. Neighbourhoods may be combined for the purpose of the neighbourhood plan approval process." 19. Section 5 Implementation of the Plan is amended by deleting the text "the Greenbelt Plan (Order-In-Council 208/2005)" in the first paragraph on page 75 of the Plan and substituting the text the Greenbelt Plan (Order- In-Council 208/2005) and the Growth Plan for the Greater Golden Horseshoe, 2006 (Order-In-Council 1221/2006)". 20. Section 5 Implementation of the Plan is amended by adding the following text after the first paragraph on page 75 of the Plan: "This Plan provides direction to deal with growth management matters in the Development Plan Area. These specific objectives and policies are intended to support the overall implementation of the Growth Plan for the Greater Golden Horseshoe, 2006. The population and employment forecasts that have been established under this Plan for 2031 will be used by the Region when it is undertaking its conformity exercise with the Growth Plan." 21. Section 5 Implementation of the Plan is amended by deleting the text "and the Greenbelt Plan (Order-In-Council 208/2005)" in the second ATTACHMENT #_,2_T0 REPORT # SA.o os-i 1SA 4 paragraph on page 76 of the Plan and substituting the text the Greenbelt Plan (Order-In-Council 208/2005) and the Growth Plan for the Greater Golden Horseshoe, 2006 (Order-In-Council 1221/2006)". 22. Section 5.1 Implementation Process for the Urban Community is amended by deleting the text following the Number 5 on page 77 of the Plan and substituting the following: "It is a policy of this Plan to require, prior to the issuance of building permits, the implementation of appropriate measures and financial agreements, such as front-ending agreements, cost-sharing agreements and/or development charges. The cost of development of community services and facilities should be fairly shared by all benefiting parties consistent with the results of a Fiscal Impact Study to be carried out by the City of Pickering and the Regional Municipality of Durham." 23. Section 5.3 Regional Municipality of Durham's Official Plan is amended by deleting the text in this section on page 81 of the Plan and substituting the following: "The Regional Munici PalitY of Durham's Official Plan is a high-level pIan , that helps coordinate and set the stage for more detailed land-use planning by area municipalities. As a high level plan, the primary concern is consistency between Durham's land-use designation for Central Pickering and that found in this Plan. Amendment to Durham's Official Plan is not necessary prior to the approval of the City's official plan amendments, plans of subdivision and zoning intended to implement the Central Pickering Development Plan. The Region of Durham may wish to undertake a future amendment following the completion of the approval of the City's official plan amendments or the Regional Environmental Assessment Process. Alternatively, the Region may wish to incorporate specific objectives or policies from the Central Pickering Development Plan in order to provide greater clarity in the Regional Plan. Any such amendment must conform with this Plan." This amendment to the Central Pickering Development Plan is hereby approved under the Ontario Planning and Development Act, 1994, as Amendment Number 1 to the Central Pickering Development Plan. II~- ATTACHMENT # a TO REPORT # e g o o S-i a- 55 INFORMATION SUMMARY ON PROPOSED AMENDMENT TO THE CENTRAL PICKERING DEVELOPMENT PLAN FILE: 18-CPDP-0024-001 TYPE OF PROPOSAL: The amendment proposes a series of changes to the Central Pickering Development Plan. PROPOSED BY: Minister of Municipal Affairs and Housing LOCATION: City of Pickering, Regional Municipality of Durham CENTRAL PICKERING DEVELOPMENT PLAN The Central Pickering Development Plan (CPDP) was prepared under the authority of the Ontario Planning and Development Act, 1994 (OPDA). The CPDP affects an area of land described in the Development Planning Area Order made under subsection 2(1) of the OPDA dated March 25, 2004. Generally the Development Planning Area is bounded by the CPR Belleville Line in the south, Sideline 16/Pickering-Ajax boundary in the east, Highway 7 in the north and York-Durham Town Line in the west. The Development Planning Area is located entirely within the City of Pickering within the Regional Municipality of Durham. A map of the Central Pickering Development Planning Area is available in the attached Public Notice. PURPOSE OF PROPOSED AMENDMENT: The Minister of Municipal Affairs and Housing is proposing to amend the CPDP. The proposed amendment would: a) change the timing requirements associated with the implementation of financial measures required by the Central Pickering Development Plan; b) clarify that infrastructure and other community facilities related to Central Pickering will be required in a logical and sequential manner as the community builds out; c) clarify the population and employment forecasts in the Central Pickering Development Plan and the intent that these forecasts are to be used for the purposes of planning to 2031; d) clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the Greater Golden Horseshoe, 2006; e) clarify the implementation process for Seaton; and f) undertake minor housekeeping changes. The specific contents of the proposed amendment are detailed in the attached Proposed Amendment No. 1. 1 of 1 i IF. ATTACHMENT # a- TO REPORT # ~6 D 5 a- 155 Submissions on the proposed amendment may be made in writing to the Minister of Municipal Affairs and Housing until April 2, 2012 at the above-noted address. The options available to the Minister, depending on whether or not submissions are made are set out in sections 7 and 8 of the Ontario Planning and Development Act, 1994. Generally, if no submissions are received within the time specified, then the Minister may approve, modify and approve or propose to refuse all or part of the amendment. If submissions are received within the time specified, then the Minister may, a) appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; b) refer the matter to the Ontario Municipal Board to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; c) after considering the submissions, approve the proposed amendment in whole or in part or make modifications to it and approve the amendment as modified; or d) after considering the submissions, propose to refuse the proposed amendment in whole or in part. ATTACHMENT#-' ?_TO KEPORT# CA.O o,,5- 157 Sections 7 and 8 of the Ontario Planning and Development Act No submissions 7. 1 If no submissions are received by the Minister within the time specified by the Minister under clause 6 (7) (a) or (b), the Minister may approve all or part of the proposed amendment or make modifications to the proposed amendment and approve the amendment as modified. 1994, c. 23, Sched. A, s. 7 (1). Refusal of request If no submissions are received by the Minister within the time specified by the Minister under clause 6 (7).(a) or (b) and the Minister proposes to refuse all or part of a requested amendment, the Minister shall give written notice to the applicant together with reasons for the refusal and advising the applicant, (a) that the applicant may make written submissions within 30 days after the day the notice is given or such longer time as the Minister specifies in the notice; and (b) that the requested amendment shall be deemed to be refused if submissions are not received within the time period set out in the notice. 1994, c. 23, Sched. A, s. 7 (2). Deemed refusal (3) If submissions are not received within the time period set out in the notice, the requested amendment shall be deemed to be refused. 1994, c. 23, Sched. A, s. 7 (3). Options If submissions are received by the Minister under subsection (2), the Minister may, (a) appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; (b) refer the matter to the Ontario Municipal Board to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; or (c) after considering the submissions, approve the proposed amendment in whole or in part or make modifications to it and approve the amendment as modified or refuse the proposed amendment in whole or in part. 1994, c. 23, Sched. A, s. 7 (4). Submissions received 8. 1 If submissions are received by the Minister within the time specified by the Minister under clause 6 (7) (a) or (b), the Minister may, (a) appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; ATTACHMENT #-2L-TO REPORT # C.A o o5-1ce 158 (b) refer the matter to the Ontario Municipal Board to conduct a hearing with respect to the proposed amendment and make a written recommendation on it; (c) after considering the submissions, approve the proposed amendment in whole or in part or make modifications to it and approve the amendment as modified; or (d) after considering the submissions, propose to refuse the proposed amendment in whole or in part. 1994, c. 23, Sched. A, s. 8 (1). Proposed refusal (22) If the Minister proposes to refuse a requested amendment under clause (1) (d), subsections 7 (2) to (4) apply with necessary modifications to the refusal. 1994, c. 23,. Sched. A, s. 8 (2). I Citq oo 1 9 PICKERING March 26, 2012 NOTICE OF MOTION a) Councillor Pickles and Councillor Ashe gave notice that they will at this meeting of Council be presenting a motion as follows: Code of Conduct WHEREAS: the residents of the City of Pickering expect and deserve the best possible performance from their elected and appointed municipal representatives. AND WHEREAS: many municipalities have adopted Codes of Conduct to better articulate transparency and accountability by Members of Council, Council-appointed members of committees, agencies, boards and commissions. AND WHEREAS: many municipalities have obtained the services of an Integrity Commissioner to assist with and oversee the implementation of their Codes of Conduct; NOW THEREFORE BE IT RESOLVED: 1. That Members of Council and the City of Pickering approve and adopt the Code of Conduct as set out in Attachment `A', and that the Code of Conduct take effect from the day on which the City selects an Integrity Commissioner; 2. That City of Pickering staff prepare and implement any appropriate policies and procedures to adopt and implement the Code of Conduct; 3. That City of Pickering staff report back to Council early in 2012 to recommend the most appropriate and cost-effective approach for obtaining the services of an Integrity Commissioner; 4. That staff include in the draft 2012 City of Pickering Budget sufficient funds for implementation of the Code of Conduct and for obtaining the services of an Integrity Commissioner; 5. That staff take the appropriate steps to communicate to Pickering residents, City of Pickering employees, Members of Council, and Council appointed members of committees, agencies, boards and commissions the adoption and implementation of the Code of Conduct; and 6. That staff work towards having the appropriate policies and procedures in place for implementation of the Code of Conduct and selection of an Integrity Commissioner by no later than September 1, 2012. 160 Clty o0 _ COUNCIL CODE OF CONDUCT (proposed January 25, 2012) PART I PREAMBLE 1. This Code of Conduct is intended to complement the oath of office sworn by each of the Members of Council of the City of Pickering. 2. Attaining an elected position within one's community is a privilege which carries significant responsibilities and obligations. Members of Council are held to a high standard as leaders of the community and are expected to become well informed on all aspects of municipal governance, administration, planning and operations. They are also expected to carry out their duties in a fair, impartial, transparent and professional manner. 3. All members of the Council of the City of Pickering are committed to protecting and promoting the well-being and best interests of the citizens of the City with the highest standards of integrity and ethical conduct. This Code is an affirmation of this commitment. It recognizes and is based on the following key statements of principle: • Members are committed to performing their duties of office and arranging their private affairs, in a manner that promotes public confidence in the integrity of each Member and respect for Council as a whole • Members are committed to acting and being seen to act with integrity and impartiality that will bear the closest scrutiny • Members are committed to serving their constituents in a conscientious and diligent manner, • Members are committed to working with City officials and staff in a conscientious and respectful manner • Members are committed to ensuring that their actions are open and transparent to the greatest extent possible • Members are committed to avoiding waste, abuse and extravagance in the provision and use of any of the City's resources 3 1 61. PART 11 INTERPRETATION Definitions 1. In this Code and in the Preamble, (a) "child", means a child born within or outside marriage and includes an adopted child and a person whom a parent has demonstrated a settled intention to treat as a child of his or her family; (b) "City" means the Corporation of the City of Pickering; (c) "City property" includes City-owned and leased facilities, vehicles, equipment, supplies, services, computer hardware and software, and intellectual property; (d) "confidential information" includes information relating to the subject matters set out in subsection 23 (1) of this Code and information in the possession of the City that the City is prohibited from disclosing under the Municipal Freedom of Information and Protection of Privacy Act and other legislation; (e) "gift" includes any cash or monetary equivalent, fee, object of value, service, forbearance, preferential treatment or personal benefit, received from a third party; (f) "Integrity Commissioner" means the Integrity Commissioner appointed by the City; (g) "Member" when used in this Code, means every Member of Council of the City as well as every other person described in Section 4; and; (h) "parent" means a person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that person is the natural parent of the child; (i) "spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; (j) "third party" includes any individual, corporation, and other legally recognized person or entity, but does not include: (i) the City, and those bodies referenced in Section 4 of the Code; (ii) any other Ontario municipality; 4 .162 (iii) the Government of Ontario; and (iv) the Government of Canada; or any of their respective staff, employees, committees, advisory committees, boards, authorities, departments and related entities, in their capacities as such. Statutory Provisions and References to Legislation 2. In this Code, reference to any Act or by-law is reference to that Act or by- law as amended or re-enacted from time to time. 3. This Code of Conduct operates along with, and as a supplement to, the existing statutes governing the conduct of Members. The following Acts of Provincial legislation govern the conduct of Members of Council: • The Municipal Act, 2001; • The Municipal Conflict of Interest Act; The Municipal Elections Act, 1996; and • The Municipal Freedom of Information and Protection of Privacy Act The Criminal Code of Canada also governs the conduct of Members of Council. Application 4. Subject to section 5, this Code applies to all Members of City Council and, with any necessary modifications, to: (a) all persons appointed by the City to exercise any statutory power of decision (eg. Fence Viewers and members of the Committee of Adjustment, the Animal Services Committee and the Property Standards Committee); (b) all members of the City's advisory committees (e.g. Waterfront Coordinating Committee, Heritage Pickering Advisory Committee, Accessibility Advisory Committee, Pickering Museum Advisory Committee; and Race Relations and Equity Advisory Committee); and (c) all persons appointed by the City to any agency, board or commission including Veridian Corporation and the Toronto and Region Conservation Authority. 5. This Code does not apply to members of the Pickering Public Library Board. 5 1 63 PART III MEMBER CONDUCT Gifts and Participation at Events 6. Subject to sections 7 to 12, no Member shall solicit or accept any gift that is directly or indirectly connected with the performance of his or her duties of office. For the purposes of this provision, any gift provided to a Member's child, parent or spouse, with the Member's knowledge, shall be deemed to be a gift accepted by that Member. 7. The City recognizes that moderate hospitality and participation in charitable, non-profit fundraising and business events is an accepted courtesy of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in section 6: (a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of office; (b) token gifts such as souvenirs, mementoes and commemorative. gifts that are given in recognition of service on a committee, for speaking at an event, or representing the City at an event; (c) food and beverages consumed at lunches, dinners, charity fundraisers, banquets, receptions, ceremonies or similar events, if the Member's attendance serves a legitimate municipal purpose; (d) communications to the offices of a Member, including subscriptions to newspapers and periodicals; (e) compensation authorized by law; (f) political contributions that are offered, accepted and reported in accordance with applicable law; (g) services provided without compensation by persons volunteering their time; (h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business, galas, political events, and similar events, if the Member's attendance serves a legitimate municipal purpose. (i) reasonable payment for participation in or organizing any reception, dinner, gala, golf tournament or similar event to support charitable causes or a political fundraising event; and 6 164 (j) food, lodging, transportation or entertainment from a not-for-profit non-government organization (e.g. Greater Toronto Marketing Alliance and Canadian Association of Nuclear Host Communities). 8. Within 30 days of receipt of any gift described in clauses 7 (a), (b), or (c), Members shall file a disclosure statement with the City Clerk for any gift that exceeds $150. If the value of any gift described in clauses 7(h), (i) or (j) exceeds $500, or if the total value of such gifts received from any one source during one calendar year exceeds $1,000, the Member shall file a disclosure statement with the Integrity Commissioner within 30 days of the receipt of the gift or the receipt of the last of such gifts totalling $1,000, as the case may be. Every disclosure statement shall indicate, (a) the nature of the gift; (b) its source and date of receipt; (c) the circumstances under which it was received; and (d) its estimated value. 9. Every disclosure statement shall be a matter of public record. 10. The City Clerk shall report to Council annually on all gifts received by Members that are disclosed in accordance with section 8. 11. The Integrity Commissioner shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might, in her or his opinion, create a conflict between a private interest and the public duties of the Member. If the Integrity Commissioner makes that preliminary determination, the Member shall be asked to justify receipt of the gift. 12. If the Integrity Commissioner determines that receipt of the gift was inappropriate, he or she may direct the Member to return the gift, reimburse the donor for the value of any gift already consumed, forfeit the gift, or remit the value of any gift already consumed, to the City. Interaction with the Public, Other Members and City Staff 13. Members have a duty to treat members of the public, one another, and staff, with respect and dignity and without abuse, bullying or intimidation. 7 165 14. Members have a duty to ensure that the City's work environment is safe, and free from discrimination and harassment. 15. No Member shall compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in any such activity. 16. Members must recognize that staff serve Council as a whole and the collective interests of all Members as evidenced through the decisions of Council, and that the role of staff is to provide advice that is based on political neutrality, objectivity and professional judgment which may not necessarily reflect the opinion or position of any single member of Council. 17. Every Member shall conduct himself or herself properly and with decorum at Council meetings in accordance with the provisions of the City's Procedural By-law or any revision thereof., Influence 18. No member shall use his or her office to seek to influence any decision made or to be made by Council, any Member or any other person to the member's private advantage or to the advantage of another person. 19. No Member shall use his or her office to seek to influence or interfere with the administration or enforcement of the City's regulatory by-laws or other laws enforced by the City. Notwithstanding this, it is recognized that Members of Council may, in good faith, raise the concerns of residents with City staff for the purpose of determining if those concerns can be resolved, having due regard for the public interest in fair and impartial by- law enforcement. 20. All applicants for City positions shall have an equal opportunity to obtain employment. No Member shall use his or her office to seek to inappropriately influence the hiring of specific individuals for any position within the City, including part-time employees and summer students. Nothing in this section prohibits a Member from: (i) providing a reference for an applicant for any position within the City, or (ii) offering his or her opinions and voting on any decision to hire a Chief Administrative Officer. 21. No Member shall use the City's corporate logo or the City letterhead in any communication intended to solicit funds to support any cause, unless such use has been endorsed through a resolution of Council. Conflicts of Interest 22. It is the responsibility of each Member to be familiar with and adhere to the provisions of the Municipal Conflict of Interest Act. In addition, recognizing the importance of avoiding even the appearance of a conflict of interest, 8 155 Members are encouraged to interpret the phrase "conflict of interest' in its broadest possible terms, and shall avoid taking any action, or making any decision where there are grounds for a reasonable person to think that a conflict exists between the Member's personal interests and the public interest. Confidential Information 23. (1) In accordance with section 239 of the Municipal Act, 2001 and City's Procedural By-law, meetings may be held in camera if the subject matter being considered is, (a) the security of the property of the City; (b) personal matters about an identifiable individual, including any employee of the City; (c) a proposed or pending acquisition or disposition of land for City purposes; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the City; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; or (g) a matter in respect of which Council may hold a closed meeting under another Act. (2) In accordance with the Municipal Act, 2001, a meeting may also be held in camera if it is held for the purpose of educating or training Members and, at the meeting, no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of Council. 24. Members shall hold in strict confidence all information concerning matters dealt with in camera. No Member shall release, make public, or in any way divulge any such confidential information or any aspect of the in camera deliberations, unless expressly authorized or required by law. 25. No Member shall release, make public, or in any way divulge any such confidential information acquired by virtue of his or her office, unless expressly authorized or required by law. 9 1 67 26. No Member shall use information gained in the execution of his or her office that is not available to the general public, for any purpose other than his or her official duties. 27. No Member shall access or attempt to gain access to confidential information in the custody of the City except to the extent necessary for the performance of his or her duties as a Member. Communications and Media Relations 28. Members shall fairly and accurately communicate the decisions of Council even if they disagree with a majority decision of Council, in order to foster respect for the decision* making process of Council. Charitable Activities 29. As community leaders, Members of Council are called upon to organize, sponsor, assist and support various charities, service clubs, and other non-profit and community-based associations. For example, Members support their communities in a variety of ways including, but not limited to: • accepting honourary roles in organizations • lending their names to organizations and events to assist in fundraising; and • encouraging community donations to registered charitable, not-for- profit, or other community-based groups. Members supporting these community endeavours shall respect the need for transparency with respect to their involvement in such enterprises, and shall perform their community service in a manner that promotes public confidence. Use of City Property 30. A Member who has care or custody of City property shall ensure that such property is properly used, maintained and secured. Members shall be held personally responsible for loss or damage if, in the opinion of the Chief Administrative Officer, City property under their care or custody has been used, maintained or secured in a negligent or abusive manner. 31. All City property required by Members to'perform their duties of office shall be procured by the appropriate City staff in the manner set out in the City's Purchasing Policy and shall be considered purchased for the benefit of the City, not the benefit of the Member. 10 163 32. A Member shall not use, or permit the use of, City property or any other City resource for activities not associated with the discharge of his or her duties of office. Applicable Laws and Policies 33. Members are expected to serve the public interest by upholding both the letter and the spirit of the laws and policies established by the Federal Parliament, Ontario Legislature, and City Council. 34. The City has established a comprehensive set of policies and procedures designed to ensure that the work environment is safe and free from discrimination and harassment, and that the City's operations are effective, efficient, open and accessible. All Members are required to observe the terms of all such policies and procedures in the same manner and to the same extent as employees of the City. Specifically, Members are expected to comply with the following policies: • Hiring Policy (HUR 040) Workplace Harassment Policy (HUR 070) • Occupational Health & Safety Policy (HUR 130) • Council Compensation Policy (ADM 190) • Personal Computer Use Policy (ADM 030) • Freedom of Information and Protection of Privacy Policy (ADM 050) • Purchasing Policy (PUR 010) • Cellular Phone and Mobile Communications Devices Policies (ADM 080) 35. To the extent that there is any inconsistency between this Code and any of the City's policies, this Code prevails. Election Campaigns 36. No Member shall use City property for any election campaign or campaign-related activities. For purposes of this section, City property includes the City's corporate logo. 37. No Member shall undertake campaign-related activities on City-owned lands. 38. An exemption to sections 36 or 37 may be granted by the City Clerk where such is, in the view of the City Clerk, in the public interest (e.g. political debates). 39. No Member shall use the services of City employees in work for his or her re-election during hours in which those employees are in the paid employment of the City. 11 1 69 Use of Alcohol 40. Members shall not be permitted to charge as an expense to the City the cost of purchasing any alcoholic beverage. An exception shall be made for reasonable alcohol costs associated with a legitimate business meeting, lunch, dinner or event.involving business representatives or dignitaries, consistent with conducting City business. Professional Development 41. Members shall promote and participate in opportunities for professional development in order to carry out efficiently and effectively the responsibilities of their office and to remain current on issues affecting the City. Conduct of Former Members 42. The City shall not hire or award any contract to any former Member for a period of 12 months from the date the former Member ceased to hold office, except where the former Member is the successful bidder through a quote or tender consistent with appropriate City policies. 43. A former Member may not lobby the City, or any Member, for a period of 12 months from the date the former Member ceased to, hold office. For purposes of this section, "lobby" includes being paid to try to influence a Member on an issue. Obstruction 44. No Member shall obstruct the Integrity Commissioner in the carrying out of her or his responsibilities. Reprisals 45. No Member shall seek any reprisal or threaten any reprisal, against a . complainant or any other person for providing relevant information to the Integrity Commissioner in the course of inquiry pursuant to a complaint. Part IV ENFORCEMENT Informal Complaints 46. Every person (including any Member, City employee, or member of the public, or any organization) who has observed conduct by a Member that the person believes contravenes this Code, is encouraged to deal initially with the matter informally by advising the Member that the conduct 12 170 contravenes the Code and by encouraging the Member to stop the prohibited conduct. Lodging of Formal Complaints 47. Any resident of Pickering who believes that a Member has contravened the Code may make a request the ("complaint") that the matter be formally reviewed. 48. Every complaint shall, (a) be in writing; (b) set out the grounds for the belief and the contravention alleged; (c) be signed by an identifiable individual (which includes the authorized signing officer of an organization); (d) include a supporting affidavit that sets out the evidence in support of the complaint; (e) include the original or copy of any supporting documentation or othersupporting material available to the complainant; and (f) include the name and contact information of the complainant and any witness. 49. Staff of the Clerk's Division who are commissioners for taking oaths are authorized to commission the supporting affidavit. Initial Classification 50. Subject to sections 48 and 49, each complaint shall be filed with the City Clerk, who shall forward it to the Integrity Commissioner for initial classification to determine if the matter is, on its face, a complaint with respect to non-compliance with this Code and within the jurisdiction of the Integrity Commissioner to consider. 51. Each complaint shall be reviewed initially by the City Clerk-to determine whether, on its face, the complaint is frivolous, vexatious or not made in good faith, and whether there appear to be sufficient grounds for an investigation. In the absence of apparent sufficient grounds, the Integrity Commissioner shall not conduct an investigation and, where that absence becomes apparent in the course of an investigation, shall terminate the investigation. 52. If a complaint or a part of a complaint is not, on its face, a complaint with respect to non-compliance with the Code or not within the jurisdiction of 13 171 the Integrity Commissioner to process, the Integrity Commissioner may refer the matter to the appropriate person or body. Investigations 53. If the Integrity Commissioner is of the opinion that any complaint or other matter provided or referred to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation. Where such becomes apparent in the course of an investigation, she or he shall terminate the investigation. Save in exceptional circumstances, the Integrity Commissioner shall not report to Council on any such complaint except as part of an annual or other general report. 54. If a complaint has been. classified as being within the Integrity Commissioner's jurisdiction and not rejected under sections 51, 52 or 53, the Commissioner shall investigate and may attempt to settle the complaint. 55. The Integrity Commissioner shall serve of copy of the complaint and supporting material upon the Member whose conduct is in question, with a request that a written response to the allegation by way of affidavit be filed within ten days. 56. The Integrity Commissioner shall serve a copy of the Member's response upon the complainant, with a request for a written reply within ten days. 57. For the purposes of any investigation, the Integrity Commissioner shall have access to all City books, accounts, financial records, electronic data, reports, files and all other, papers, things or property as he or she believes to be relevant to any complaint. 58. The Integrity Commissioner may make interim reports to Council as required to address any instances of interference, obstruction or retaliation encountered during an investigation. Presentation of Findings 59. The Integrity Commissioner shall report to the complainant and the Member no later than 90 days after the making of the complaint. 60. Where a complaint is upheld in whole or in part, the Integrity Commissioner shall also report to Council setting out the findings, the terms of any settlement, and any recommended corrective action or sanction. 14 172 61. If the Integrity Commissioner determines that there has been no contravention of the Code or that a contravention occurred although the Member took all reasonable measures to prevent it, or that a contravention occurred that was trivial or committed through inadvertence or an error in judgement made in good faith, the Integrity Commissioner shall so state in the report to Council and shall recommend that no sanction be imposed. 62. The City Clerk shall give a copy of the Integrity Commissioner's report to Council to the complainant and to the Member whose conduct it concerns. 63. Where a complaint is dismissed, save in exceptional circumstances, the Integrity Commissioner shall not report to Council except as part of an annual or other general report. Confidentiality 64. The Integrity Commissioner shall preserve the confidentiality of all matters that come to his or her knowledge in the course of his or her duties and shall disclose information only in accordance with this Code or otherwise as required by law. 65. A complaint about any Member is to be treated as the personal information of the Member against whom the complaint is directed, and of the complainant. Under the Municipal Freedom of Information and Protection of Privacy Act, both the Member and the complainant must therefore consent.to the public disclosure of the complaint. 66. Subject to section 64, the Integrity Commissioner may disclose in any report to Council such matters as in his or her opinion are necessary for the purposes of the report. 67. Despite sections 64 and .65, all reports to Council from the Integrity Commissioner shall be made available to the public. Council Review 68. Council shall consider all reports of the Integrity Commissioner and may adopt or reject, in whole or in part, any recommendation of the Integrity Commissioner. Sanctions 69. If the Integrity Commissioner reports to Council that, in her or his opinion, a Member has contravened this Code, Council may, (a) reprimand the Member; 15 173 (b) require the Member to repay or reimburse monies received; (c) require the Member to reimburse the City for losses or damages; (d) require the Member to return property; and/or (e) require the Member apologize to Council, the complainant, or both. Costs 70. Council may, in its discretion, reimburse either a complainant or a Member for actual and reasonable legal expenses related to a complaint, on a case-by-case basis. 71. Costs may be reimbursed to the complainant only if the Integrity Commissioner concludes that the complaint is not frivolous, vexatious or made in bad faith. 72. Costs may be reimbursed to the Member only if the Integrity Commissioner concludes that there has been no contravention of the Code. 73. Every Member shall comply with the requirements of this Code of Conduct, and shall act in accordance with its spirit and intent, in all matters pertaining to the performance of his or her duties as a Member. Repeal 74. The Council Code of Practice adopted by Council on October 14, 1997 is hereby repealed. Effective Date 75. This Code shall take effect on the date that it is adopted by Council. 16 Citq O~ 1 7 4 PICKERING March 26, 2012 By-laws 7198/12 Being a by-law to dedicate Blocks 27, 28 and 29, Plan 40M-2399, as public highway. (By-law attached) 7199/12 Being a by-law to exempt Blocks 129 to 131 on Plan 40M-2461, from the part lot control provisions of the Planning Act. (By-law attached) 7200/12 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 17, Plan 489, in the City of Pickering (A 26/08) [Refer to Joint Planning & Development & Executive Committee agenda pages 25-34] 7201/12 Being a by-law to amend Restricted Area (Zoning) By-law 2511 as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering. (A 12/11) (By-law attached) 7202/12 Being a by-law to dedicate Blocks 19 and 20, Plan 40M-2299, as public highway. [Refer to Joint Planning & Development & Executive Committee agenda page 92] 7203/12 Being a by-law to amend Schedule "B" - Part B of By-law 7137/11 identifying the Fees Payable for Building Permits. (By-law attached) 175 i E Memo To: Debbie Shields February 22, 2012 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Community Services Director, -Planning & Development Division Head, Engineering Services Manager, Development Control Subject: Road Dedication By-law Reserve Blocks 27, 28 and 29, Plan 40M-2399, City of Pickering - File: Roadded.534 When Plan 40M-2399 was registered, the reserve blocks referred to above were conveyed to the' City along the westerly limit of Wingarden Crescent. These reserve blocks were to be dedicated as public highway upon the development of adjacent lots. As the adjacent lots have now been developed and the road fronting them has been constructed to standards sufficient to permit public access, the required dedication should be made. Attached are a location map and a draft of the required road dedication by-law for the consideration of City Council at its meeting scheduled for March 26, 2012. DB:bg Attachments Ve BONITA AVENUE DETAIL INSET SCALE NT.S BO jlTA ~ PA a w 3 0 0 o z ~ l ~<"2 )LIDS LANE 0 a n ~ 0 ffl BLOCKS 27 28, 29 WINGARDEN CRESCENT 40M-2JJO D M DR VE IM 0 o FM o Of J HADYBROOK = PARK UERITE SUBJECT T. MA L4NQS eouRG YS EE INSERT PARA.TE HOOL Y M 2C) NUE N aEN CRESCENT GOLDENRIDGE JACQUELINE P WELRUS STREET o EWOOD J GO U W D Z O z o a° N RUSHTON ROiLu AD SPRUCE T = w r w o w a ~gPE'S LANE o J 0 0 a Q w +H+H- DUNE City of Pickering Planning & Development Department PROPERTY DESCRIPTION Blocks 27, 28, & 29 40M-2399 OWNER. City of Pickering DATE Feb. 16, 2012 DRAWN BY JB FILE No. Roadded. 534 SCALE 1:5,000 CHECKED BY DB N aurae.: aTeronet Enterprises Inc. and its suppliers. All rtphts Reserved. Not a plan of survey. PIN-7 2012 MPAC and Its su Ilen. All rt hts Reserved. Not a Ian of Surve . i The Corporation of the City of Pickering 177 By-law No. Being a by-law to dedicate Blocks 27, 28 and 29, Plan 40M-2399, as public highway. Whereas The Corporation of the City of Pickering is the owner of Blocks 27, 28 and 29, Plan 40M-2399 and wishes to dedicate them as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Blocks 27, 28 and 29, Plan 40M-2399 are hereby dedicated as public highway (Wingarden Crescent). By-law read a first, second and third time and finally passed this 26th day of March, 2012. David Ryan, Mayor Debbie Shields, City Clerk Roadded.534 QIq Memo To: Debbie Shields February 27, 2012 City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, Planning & Development Subject: Request for Part Lot Control By-law Owner: Cougs (Tillings) Ltd. Blocks 129 to 131, Plan 40M-2461 - File: PLC.40M-2461.1 The above-mentioned blocks are being developed in accordance with the appropriate Subdivision Agreement in such a manner to allow the construction of 24 dwelling units on the blocks referred to above. Attached are a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act thus allowing 24 units to be created and the transfer of those units into separate ownership. This draft by-law is attached for the consideration of City Council at its meeting scheduled for March 26, 2012. DB:bg JMommentsTrop & Dev\PLC\sed40lVl-2481 Cougs TillingsWlemo to City Clerk 2012.doc Attachments 179 ZENTS DRIVE 0 a O VVII14VILLt-- Mu/-\L.) n Z G i n T IV BLOCKS 129-131 0 Q ELMSLEY DRIVE U) 0 J ~f J INDU CULTURAL C TR PLAN 40M-2461 DERSAN STREET Y U O M M 7 City of Pickering Planning & Development Department PROPERTY DESCRIPTION Blocks 129-131, Plan 40M-2461 07\ OWNER City of Pickering DATE Feb. 27, 2012 DRAWN BY JB FILE No. Part Lot Control SCALE 1:5,000 CHECKED BY DB e c Terc ~t Enbrpriue Inc. antl IN euPpllere. All rlghb Reservstl. Not a plan of survey. PIV'7 2012 MPAC and Its su tiers. All n hts Reserved. Not c Ian of Surve . 1 8 0 The Corporation of the City of Pickering By-law No. Being a by-law to exempt Blocks 129 to 131 on Plan 40M-2461, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, as amended shall cease to apply to Blocks 129 to 131 on Plan 40M-2461. 2. This by-law shall remain in force and effect for a period of one year from the date of the passing of this by-law and shall expire on March 26, 2013. By-law read a first, second and third time and finally passed this 26th day of March, 2012. David Ryan, Mayor Debbie Shields, City Clerk PLC.40M-2461.1 1 1 8 lot PICKERING Memo To: Debbie Shields March 21, 2012 City Clerk From: Mila Yeung Planner II Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Draft Plan of Subdivision Application SP-2011-02 Draft Plan of Condominium CP-2011-02 Zoning By-law Amendment Application A 12/11 Maddy Development Inc. 1290 and 1292 Old Orchard Avenue (Lot 8,and Part Lot 7, '9 Plan 432) City of Pickering Amending By-law 7201/12 Statutory Public Meeting Date October 3, 2011 Planning & Development Committee Date March 5, 2012 Purpose and Effect of By-law To amend the existing zoning to implement a draft plan of subdivision for a single block to permit a common element condominium for 16 detached dwelling lots. Council Meeting Date March 26, 2012 Certain text wording in the draft by-law that was presented at the Planning & Development Committee Meeting has been revised as per Note Planning & Development Committee recommendation to staff to include a minimum attached garage separation of 1.2 metres at specific locations. No significant changes in addition to that were made to the provisions. MY:Id JAmyeungT anning Applicalions\Subdivision\2011 WaddyWlemo Clerk Draft by-law chart.doc Attachments By-law Text 8y-law Schedule 182 The Corporation of the City of Pickering By-law No. 7201/12 Being a by-law to amend Restricted Area (Zoning) By-law 2511 as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering. (A 12/11) Whereas the Council of the Corporation of the City of Pickering deems it desirable to permit the development of detached residential.dwelling on the subject lands, being Lot 8, Part Lot 7 & 9 Plan 432 in the City of Pickering. And whereas amendment to By-law 2511, as amended by By-law 6375/04 is therefore deemed necessary: Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:. 1. Schedule Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. 2. Area Restricted The provision of the this By-law shall apply to those lands in Lot 8, and Parts of Lots 7 & 9, Plan 432, in the City of Pickering. 3. Text Amendment 3.1 Section 4, Definition, of By-law 2511 as amended by 6375/04 is hereby amended by changing the title of 4(1)(c) to read "Semi-Detached Dwelling" and 4(1)(d) to read "Detached Dwelling" 3.2 Clause 5.(1)(a), Uses Permitted, is hereby repealed and replaced by the following permitted uses: (1) detached. dwelling (2) semi-detached dwelling 3.3 Subclause 5.(1)(b)(iv) Building Separations, is hereby amended by adding paragraph B as follows: By-law No. 7201/12 Page 2 1 83 B Despite paragraph 5.(1)(b)(iv)A above, a horizontal distance between attached garages on adjacent lots shown in the cross hatched area in Schedule I attached to this by-law shall not be less than 1.2 metres. 3.4 Paragraph 5(1)(b)(v) B, is hereby repealed and replaced by the following paragraph: B Despite the provisions of Section 5.6 of By-law 2511, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street and the following provisions apply: (a) Semi Detached Dwelling (i) Lot Area (minimum): 205 square metres .(ii) Frontage (minimum): 7.0 metres (iii) Front Yard Depth (minimum): i. to front wall of dwelling: 4.5 metres ii. to garage: 6.0 metres (iv) Interior Side Yard Width (minimum): 1.2 metres one side, 0.0 metres on the other (v) Flanking side yard (minimum): 2.7 metres (vi) Rear yard Depth (minimum): 7.5 metres (vii) Building Height (maximum): 9.0 metres (viii) Garage Projection: maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey (ix) Driveway Width (maximum): 55 percent of lot frontage (b) Detached Dwelling (i) Lot Area (minimum): 250 square metres (ii) Lot Frontage (minimum): 11.0 metres (iii) Front Yard Depth (minimum): 6.0 metres (iv) Interior Side Yard Width (minimum): L for inside lots: _ 1.2 metres one side, 0.6 metres on the other ii. for corner lots: 0.6 metres iii. the horizontal distance between buildings on adjacent lots shall be not less than 1.8 metres except for lots in the cross hatched area in Schedule I attached to this by- law, the horizontal distance between attached garages on adjacent lots shall be not be less than 1.2 metres i 18 By-law No. 7201/12 Page 3 (v) Flankage Side Yard (minimum): 2.7 metres (vi) Rear Yard Depth: 7.5 metres (vii) Building Height (maximum): 9.0 metres (viii) Garage Projection: maximum projection of the garage front entrance from the wall containing the'main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey (ix) Driveway Width (maximum): 55 percent of lot frontage 4. By-law 2511 By-law 2511, as amended by By-law 6375/04. is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in _ Sections 1, 2 and 3 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 2511, as amended. 5. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law read a first, second and third time and finally passed this 26th day of March, 2012. David Ryan, Mayor Debbie Shields, City Clerk PEE 1 8 5 - MD-S.-SD - aim \ ~ - 5om \ \ Gam O~G =BUILDING ENVELOPE ® MINIMUM GARAGE SEPERATION OF 1.2 METRES, N SCHEDULE I TO BY-LAW 720112 PASSED THIS 26th DAY OF March 2012 i MAYOR CLERK 4 Guy Memo 185 To: Debbie Shields March 8, 2012 City Clerk From: Kyle Bentley Chief Building Official Copy: Chief Administrative Officer Director, Planning & Development Subject: Amendment to Schedule "B" of By-law 7137/11 Council currently has in place By-law 7137/11, which is required to provide for the administration and enforcement of the Building Code Act within the City. This by-law includes a schedule of fees that are payable for building permits. On February 21, 2012 Council approved By-law 7194/12 which adopted annual user fees and charges for various City programs and services. An amendment to the fees schedule of By-law 7137/11 is now required to reflect those changes that were made to building permit fees. Please find attached a draft by-law for Council's consideration, which includes the amended schedule "B". It would be appreciated if the by-law could be included in the March 26, 2012 Council agenda. KB:jf JABYLAWS\Building By-laws\Memo to council - amendment to by-law 7137-11 to suit 2012 user fees - revised.doc Attachment 094Fr The Corporation of the City of Pickering 187 By-law No. XXXX/12 Being a by-law to amend Schedule "B" - Part B of By-law 7137/11 identifying the Fees Payable for Building Permits. Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, provides that the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas section 7 of the Building Code Act, 1992 authorizes the Council of a municipality to pass certain By-laws prescribing classes of permits, permit application of documents, fees, inspections and other related matters; and Whereas, as a result of recent fee amendments, the schedule within the By-law to identify fees payable for Building Permits must be amended to reflect the new fees. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: I 1. Schedule "B" of By-law 7137/11, as amended, is hereby deleted and replaced with Schedule "B" attached hereto. By-law read a first, second and third time and finally passed this day of 12012. David Ryan, Mayor Debbie Shields, City Clerk 188 Schedule B -Part B DRAFr Fees Payable for Building Permits Item New Buildings and Additions Fee Payable 1. Assembly Occupancies $12.80 for each square meter of floor area or art thereof. 2. Institutional Occupancies $15.00 for each.square metre of floor area or art thereof. 3. Residential Occupancies apartment buildings, hotels, motels, $10.85 for each square metre of floor detached, semi-detached and area or part thereof. townhouse dwellings, & other residential occupancies 4. Business and Personal Service & Mercantile Occupancies single storey buildings $8.50 for each square metre of floor area or part thereof. multiple storey buildings $10.60 for each square metre of floor area or art thereof. 5. Industrial Occupancies farm buildings, unserviced storage buildings, $3.75 for each square metre of floor unfinished basements area or part thereof. Parking garages and other industrial $6.45 for each square metre of floor buildings area or art thereof. Alterations, Repairs and Other Structures 6. Interior Partitioning and Finishing, $2.15 for each square metre of floor including area or part thereof. tenant alterations apartment in houses 7. Minor Residential Structures and $100.00 Alterations, including decks, gazebos (each) incidental partitioning of a basement fireplace, wood stove (each) garage, carport, storage shed (each 50m) water and sewer connection other similar minor projects associated with a residential use Schedule B - Part B DRAFT Fees Payable for Building Permits Item New Buildings and Additions Fee Payable 8. Minor Non-Residential Structures, $200.00 including school portables (each) temporary prefabricated trailers (each) temporary tent (each) other similar minor structures associated with a non-residential use 9. Temporary Sales Centres $1050.00 10. Alterations, buildings and structures $10.35 for each $1,000 of construction not provided for in Items 1 to 8 value or art thereof. For the proper interpretation'and application of this Schedule, see Notes following 100 Schedule B - Part B DRAFT Fees Payable for Building Permits Notes: A. The following guidelines for calculating floor areas and fees apply to the specific building types and construction indicated. In order to determine the applicable occupancy, recourse shall be had to the building code and its appendices. 2. Floor area shall be measured to the outer face of exterior walls and to the centerline of party walls or demising walls. No deductions shall be made for openings within the floor area (e.g., stairs and stair openings, ducts, elevators, escalators). Floor area shall include all habitable areas, including mezzanines, finished attics and enclosed balconies. (a) Assembly Occupancies: The "Assembly Occupancies" rate shall apply to the total floor area of floors, which are principally of assembly use. Other rates shall be applied to other floors based on the principal use of the total floor area. (b) Institutional Occupancies: The "Institutional Occupancies" rate shall apply to the floor areas of floors, which are principally of institutional use. Other rates shall be applied to other floors based on the principal use of the total floor area. (c) Residential Occupancies: For detached, semi-detached and townhouse dwellings, the floor areas of unfinished basements, attached garages, porches and decks shall not be included in the area calculations, but the fee is inclusive of these areas. For the other residential occupancies, the "Residential Occupancies" rate shall apply to the floor areas of floors, which are principally of residential use. Other rates shall be applied to other floors based on the principal use of the total floor area. (d) Business and Personal Services & Mercantile Occupancies: The "Business and Personal Services & Mercantile Occupancies" rate shall apply to the floor areas of floors, which are principally of business and personal service or mercantile use. Other rates shall be applied to other floors based on the principal use of the total floor area. i Schedule B - Part B 191 Fees Payable for Building Permits DRAFT (e) Industrial Occupancies: Each "Industrial Occupancies" rate includes incidental finished office space to a maximum of 10% of the total floor area. The "Interior Partitioning and Finishing" rate shall be applied where additional finished space is provided. Other rates shall be applied to other floors based on the principal use of the total floor area. 3. "Construction value", as used in Item 10 of Schedule B - Part B, means the value of the proposed construction as determined by the chief building official, whose determination of that value shall be final. I~ Committee of Adjustment Meeting Minutes i - Wednesday, February 8, 2012 PLG~E 7:02 pm Main Committee Room Present: Tom Copeland David Johnson - Chair Eric Newton - Vice-Chair Bill Utton Also Present: Mila Yeung, Assistant Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer Absent: Shirley Van Steen (1) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton That the agenda for the Wednesday, February 8, 2012 meeting be adopted. Carried Unanimously (II) Adoption of Minutes Moved by Eric Newton Seconded by Bill Utton That the minutes of the 16th meeting of the Committee of Adjustment held Wednesday, December 21, 2011 be adopted. Carried Unanimously 1 Committee of Adjustment Meeting Minutes Wednesday, February 8, 2012 PICKERNG 7:02 pm Main Committee Room (III) Reports 1. P/CA 01/12 - SR & R Bay Ridges Ltd 1215-1235 Bayly Street (North Part Block Y, Plan M 16, Part 123-125 & 257-259, 40R-25699) City of Pickering The applicant requests relief from Zoning By-law 2520, as amended by By-law 6786/07 to permit a retail parking ratio of 2.5 parking spaces per 100 square metres of gross leasable floor area of commercial uses resulting in 54 parking spaces being proposed whereas the by-law requires 3.0 retail parking spaces per 100 square metres gross leasable area of commercial uses resulting in a requirement of 65 parking spaces for commercial uses. The applicant requests approval of this variance in order to obtain site plan approval for the development. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending approval subject to conditions. Written comments were received from the City's Development Control Manager expressing no concerns. Written comments were received from Councillor Kevin Ashe in support of the staff recommendation. Written comments were received from the Toronto and Region Conservation Authority indicating no objection to the requested variance. Written comments were also received from Frank Dempsey of 1152 Tanzer Court in objection to the proposed parking ratio due to the existing traffic and parking concerns along St. Martins Drive and Wayfarer Lane. Steven Warsh, owner, was present to represent the application. Councillor Doug Dickerson was present in support of the application. Steven Warsh explained the application and noted there is shared parking throughout the GTA. In response to a question from a Committee Member, he indicated there are fourteen commercial units. Councillor Doug Dickerson explained the history of the property and is in full support of staff recommendation. 2 Committee of Adjustment Meeting Minutes Wednesday, February 8, 2012 7:02 pm %,,Mt-,RJNG Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application P/CA 01/12 by SR & R Bay Ridges Ltd, be Approved on the grounds that the retail parking ratio of 2.5 parking spaces per 100 square metres of gross leasable floor area of commercial uses resulting in 54 parking spaces 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 apply only to subject property municipally known as 1215-1235 Bayly Street, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain site plan approval for the proposed development by February 7, 2014, or this decision shall become null and void. Carried Unanimously 2. P/CA 02/12 - J. & S. Ralph 2485 Linwood Street (Part Lot 23, Plan 40M-1267, Part 7, 40R-7676) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 1103/80 to permit a lot coverage of 40 percent to allow for a proposed one storey sunroom addition onto the rear of the existing detached dwelling, whereas the by-law permits a maximum lot coverage of 38 percent. The applicant requests approval of this variance in order to obtain a building permit for the proposed sunroom. M. Yeung, Assistant 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 indicated the applicant should be advised that the installation may affect the lot drainage as records show the lot drains back to front and the proposed installation may affect the apron swale that directs the drainage to the side yard swales. Ivars Kulitis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. 3 Cctq 00 Committee of Adjustment 41 "Ball Meeting Minutes Wednesday, February 8, 2012 RP4G- 7:02 pm Main Committee Room Moved by Tom Copeland Seconded by Bill Utton That application P/CA 02/12 by J. & S. Ralph, be Approved on the grounds that the lot coverage of 40 percent to allow for a proposed one storey sunroom addition onto the rear of the existing detached dwelling 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 apply only to the proposed sunroom, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 7, 2014, or this decision shall become null and void. Carried Unanimously 3. P/CA 03/12 - S. Klair 1524 Sandhurst Crescent (Lot 33, Plan 40M-1831) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4502/94 to permit a rear yard depth of 6.2 metres and a lot coverage of 41 percent to a proposed sunroom addition onto the rear of the existing detached dwelling, whereas the by-law requires a minimum rear yard depth of 7.5 metres rear yard depth and a maximum lot coverage of 38 percent. The applicant requests approval of this variance in order to obtain a building permit for the proposed sunroom. M. Yeung, Assistant 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 indicated the applicant should be advised the installation may affect the lot drainage as records show that the lot drains back to front and the proposed installation may affect the apron swale that directs the drainage to the side yards swales. Sukhraj Klair, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. 4 Committee of Adjustment Meeting Minutes Wednesday, February 8,, 2012 PPI%..,]N U 7:02 pm Main Committee Room Moved by Eric Newton Seconded by Bill Utton That application P/CA 03/12 by S. Klair, be Approved on the grounds that the rear yard depth of 6.2 metres and a lot coverage of 41 percent to a proposed sunroom addition onto the rear of the existing detached dwelling are minor variances that are 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 apply only to the proposed sunroom addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by February 7, 2014 or this decision shall become null and void. Carried Unanimously 4. P/CA 04/12 - L. & L. D' Silva 2001 Tilson Court (Lot 12, Plan 40M 2119) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5892/01 to permit a rear yard depth of 4.0 metres to a proposed sunroom addition onto the rear of the existing detached dwelling, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a proposed sunroom. M. Yeung, Assistant Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department recommending refusal and recommends that the application be amended to request a rear yard depth of 5.5 metres. Form letters were submitted from five surrounding neighbours indicting no objection to the application. Written comments were also received from the City's Development Control Manager expressing no concerns and indicated the applicant should be advised that the installation may affect the lot drainage as records show the lot drains back to front and the proposed installation may affect the apron swale that directs the drainage to the side yard swales. 5 Committee of Adjustment Meeting Minutes Wednesday, February 8, 2012 7:02 pm Main Committee Room Cristin Miller, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Cristin Miller advised the applicant would like to amend the rear yard depth to 4.8 metres. Cristin Miller explained they have taken the rear yard depth as far back as they can, if the sunroom is designed any smaller it would have to be customize, which will result in an increased cost for the homeowner. Cristin Miller also pointed out that support letters were received from surrounding nieghbours including the neighbour directly behind the subject property that would be impacted the most. Moved by Bill Utton Seconded by Eric Newton That application P/CA 04/12 by L. & L. D'Silva, be Deferred until the next meeting to provide an opportunity for the agent to meet with the applicant and City Staff. Carried Unanimously (IV) Adjournment Moved by Bill Utton Seconded by Tom Copeland That the 1st meeting of 2012 the Committee of Adjustment be adjourned at 7:29 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 29, 2012. Carried Unanimously LT ~tw Date Chair, Assistant Secretary-Treasurer 6 City o Minutes/Meeting Summary Sustainable Pickering Advisory Committee , CAO Boardroom PICKOUNG Wednesday, February 8, 2012 11:30 am Attendees: Doug Dickerson, Chair, City Councillor, Ward 2 David Pickles, Vice-Chair, City Councillor, Ward 3 Peter Rodrigues, Regional Councillor, Ward 3 Tom Melymuk, Director, Office of Sustainability Chantal Whitaker, Coordinator, Sustainability Carol Redmond, (Acting) Executive Assistant, Council (Recording Secretary) Absent: Lynn Winterstein, Manager, Marketing & Business Development Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as a ro riate 1. Presentation of the Measuring Sustainability Report & C. Whitaker Website Councillor Dickerson called the meeting to order at 11:40 am. C. Whitaker distributed copies of the Measuring Sustainability Report and advised that the Report and website will be launched on Friday, February 10, 2012. Since the original report, a technical review was conducted and data from a community survey compiled. The information was collected and analyzed and as a result, established a baseline to track progress of 55 indicators of sustainability, broken down into five sections. C. Whitaker advised that 100 hard copies of the report have been printed and a stand-alone web-based version of report was developed. C Whitaker provided an overview of the web- based version outlining various features such as accessibility standards, browse aloud, content management capabilities, and social media. Councillor Dickerson suggested including a revision date when updating content of the site. Page 1 CORP0228-2/02 2. Sustainable Pickerin Da March 31, 2012 C. Whitaker C. Whitaker advised that the 7th annual Sustainable Pickering Day will be held at the Pickering Town Centre on March 31, 2012. The media will be invited to attend a 1:00 pm. Local food is the theme this year. The event will include interactive activities for families such as a vegetable starter kit, reusable bag colouring and a mini farmers market. A local gardening expert, culinary school, and others will be invited to participate. A discussion ensued regarding Earth Hour and ways to engage the community. 3. Contribution Program C. Whitaker C. Whitaker advised that letters were mailed to previous and potential new contributors. She noted that $2,700 has been received to date and will keep Committee members apprised of any further contributions. 4. Compact Thermal Heat Storage T. Melymuk T. Melymuk updated the Committee on the research project funded by Natural Resources Canada on compact heat storage technologies. He advised that a consultation is being planned for early March for the City's consultants (SAIC Canada) to obtain technical comments and input from local builders and developers. 5. 2012 Work Ian & Budget, T. Mel muk T. Melymuk distributed copies of the proposed Sustainable Pickering consulting budget and workplan for 2012. Proposed services/projects include: • Enhancing community and corporate engagement • Completion of Milestones 4 and 5 of the Partners for Climate Protection Program • Continued work on the Sustainable Placemaking framework • Completion of research project on Compact Thermal Storage Energy Storage T. Melymuk advised that a Report to Council on the City's Sustainable Pickering program will be presented at the Executive Committee meeting February 13, 2012. Page 2 CORP0228-2/02 Councillor Dickerson left the meeting at 1:00 pm 6. Global City Indicators Facility Project T. Melymuk T. Melymuk advised that Pickering joined the Global City Indicators Facility (GCIF) in 2011 and that there are now over 150 cities participating in this initiative, which is established at the University of Toronto. Participating cities report on 115 indicators related to city services and quality of life according to a globally standardized methodology. A (GCIF) Reception and Report Launch is scheduled for Friday, February 10, from 5:00 to 7:00 pm in Toronto and Committee members are welcome to attend. 7. Other Business All C. Whitaker informed Committee members of a proposed nomination in the Sustainability category for the 2011 Civic Awards. Meeting Adjourned: 1:20 pm Copy: CAO City Clerk Page 3 CORP0228-2/02 Ccty o~ Minutes/Meeting Summary i;i Advisory Committee on Diversity Thursday, February 9, 2012 PI KERI G 7:00 pm Pickering Civic Complex, Main Committee Room Attendees: Kirk Mark, Chair Kevin Ashe, Councillor, Ward 1 Carlisle Miller, Community Appointee Catherine Reidt, Co-Chair Jody Morris, City of Pickering L. Roberts, Recording Secretary Absent: Devinder Panesar, Community Appointee Jacob Yacoumidis, Community Appointee Preet Panesar, Dunbarton High School Christy Harper, Pickering Public Library Margaret Lazarus, Valley Farm Public School Neha Mohan, VP, (YOU)nity, Pine Ridge High School Fred Gibson, Pickering Carib Canadian Cultural Association Alma Sandoval, Hispanic Canadian Alliance of Ontario Keith Richards, DRPS Misha Biswas, President, (YOU)nity, Pine Ridge High School Alysha Singh, Secretary of YOU)nity, Pine Ridge High School Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome & Introductions Kirk Mark K. Mark welcomed everyone to the meeting and introductions were made around the table for the benefit of guests present. Two additional items were added to the agenda. 2.0 Delegations Durham College J. Morris introduced Nicole Doyle, Professor, Justice & Emergency Services, Legal Research, Durham College appeared before the Durham College who appeared before the Committee to provide a second research proposal for the community survey. Some of the challenges were discussed regarding the nature of compiling reports as well as the research involved. She explained that the student's course is now complete. Copies of the proposal were provided to members, which included a copy of the proposed survey. She noted the first proposal focused more on demographics and Page 1 CORP0228-2/02 engagement. A discussion period ensued with the following questions and comments discussed; • What number of residents would the survey be sent to • Options for forwarding the survey - email vs. on line survey • Follow up with focus group • Identify barriers - recognize what barriers youth face that would prevent them from engaging in community events • Look at what programs are available to minority youth • Main focus should be on programming and getting youth involved • Discussed the term "minority" - suggest "racialized communities " for better terminology • Identify barriers- come together • Minority vs. majority- needs to be about shared vision • Will method address inter sectional analysis • Timeframes for survey possibly mid-April • Determine source of funds - could be worked out with the possibility of grants, etc. • Would the study encompass various age groups and address age related issues J. Morris suggested the City of Pickering could circulate a post card with a link to the website for the survey. It was suggested the next step would be for the Committee to review and discuss both proposals over the next month. J. Morris suggested the City could administer the survey with the students doing the analysis. The possibility of obtaining a co-op student was also discussed. A detailed discussion ensued with respect to various places to promote the survey as well as budgets. It was noted the printing of the survey could be done in house. It was suggested the survey be launched in May with the collection of data taking place over a 4 month period. It was noted the greatest time involvement would be in putting together the questions and analyzing the data. It was recommended that time be set aside at the next meeting to go through all the questions and made decisions. This is to L. Roberts to action be included as an agenda item for the next meeting. J. Morris informed the members that she would let Nicole know J. Morris to action it was the consensus of the Committee for us to do the data Page 2 CORP0228-2/02 collection, with students doing analysis. 3.0 Agendas & Minutes Approval of agenda with two additional items Moved by Councillor Ashe Seconded by C. Reidt Carried i Moved by C. Reidt Seconded by C. Miller That the minutes of the January 12, 2012 meeting of the Diversity Committee be approved. Carried Business Arising from Minutes Councillor Ashe commended K. Mark on his presentation to Council in January on the Committee's annual report and 2012 work plan. 4.0 Correspondence 4.1)Lincoln Alexander Awards Discussion ensued with respect to potential nominations. Moved by C. Reidt Seconded by C. Miller That J. Morris be authorized to prepare the nomination papers for submission for the nominations suggested by the Committee J. Morris to action for the Lincoln Alexander Awards. 4.2) Proclamations J. Morris informed the Committee that Mayor Ryan had proclaimed February as Black History Month. 5.0 New Business 5.1) Event Updates J. Morris provided an update with respect to the Heritage Day event to be held on February 25t". She noted K. Mark would be unavailable to attend. It was the consensus of the Committee for C. Reidt to attend as MC for the event with Councillor Ashe assisting. J. Morris advised that she would provide speaking notes for the day and also revise the agenda to reflect the J. Morris to action rage 3 CORP0228-2/02 I changes in speakers. C. Miller also confirmed his attendance for that day. J. Morris provided an overview of the booths and performers confirmed for the day as well as the itinerary. She noted the various methods which have been undertaken for advertising the event. C. Miller suggested participating in the Farmer's J. Morris to action j Market event which takes place at the Pickering Town Centre. J. Morris to look into this. Diversity Forum J. Morris provided an update with respect to the Diversity Forum taking place on March 21St. She noted she had not heard back from Honourable David Onley's office as yet, but that it was still a possibility at this point. It was questioned whether we could have two speakers and). Morris noted she would invite Spyder Jones as well. She noted the winners have all been selected at this point and the letters had gone out today. She noted the invitations need to be sent out this week, and would keep in touch with D. J. Morris to action Onley's office to try to confirm by the end of the week. fYOUlnity Camp J. Morris noted the flyer has been put together for the camp which is being held on March 13th and 14th. She noted they would be meeting again on Monday to go over further details. Youth & Seniors Engagement K. Mark brought forward a suggestion for the Committee to think about having students become involved in an outreach program with seniors. He noted the number of long term care residences within the City of Pickering and felt with the aging population, there may be some way to become involved as a Committee. It was recommended this item be placed on the next agenda for L. Roberts to action further discussion. 6.0 Next Meeting & Adjournment The next meeting will be held on March 8, 2012 Meeting Adjourned: 8:52 pm Copy: City Clerk Page 4 CORP0228-2/02 City o~ Minutes Heritage Pickering Advisory Committee i February 23, 2012 PICKERING 7:00 pm Main Committee Room Attendees: Councillor Rodrigues Councillor Pickles Tate Besso, Chair Mike Sawchuck, Vice-Chair Ellen Mason Charles Sopher Jutta Van Huss Denise Rundle Neil Carroll, Director, Planning & Development Isa James Isabelle Janton, Planner II Linda Roberts, Recording Secretary Absent: Wickham Jamadar Sally Sheehan Dale Quaife Item / Details & Discussion`& Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome T. Besso welcomed everyone and introduced new member Charles Sopher, recently appointed to the Committee on February 21St 1. James introduced Isabelle Janton, Planning Il, who will be taking over as the staff representative on the Committee. Neil Carroll, Director, Planning & Development appeared before the Committee and provided an overview of the approved 2012 budget and the allocation of funds for Heritage Pickering. He also provided information on the procedures involved with respect to obtaining consultants. 2.0 Approval of Minutes Moved by M. Sawchuck Seconded by J. Van Huss That the minutes of the December 20, 2011 meeting of the Heritage Pickering Advisory Committee be approved. Carried Page 1 i Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) Moved by J. Van Huss Seconded by M. Sawchuck That the minutes of the January 19, 2012 meeting of the Heritage Pickering Advisory Committee be approved. Carried i 3.0 2012 Work Plan Updates Discussion ensued on the 2012 Work Plan. It was recommended that members continue to photograph the properties, working off the 2008 listing of properties in order to compile a collection to make available on line with a link to google maps. M. Sawchuck noted he would set up a Flicker M. Sawchuck to action account. This would provide for a full comprehensive listing of all properties in Pickering with heritage value. M. Sawchuck provided an overview of the power point presentation he had prepared to present to Council. He outlined the following points in his presentation: the need to create a new comprehensive heritage register • explained individual designated properties, conservation districts and properties of cultural heritage value or interest which are not yet designated • noted the purpose and value of a register • explained Federal lands which the City of Pickering has no authority over • need to include additional private properties on the list • owner consent should not be a factor when adding properties to the listing, (not a requirement under the Ontario Heritage Act) • the owners should be notified when being considered for the register • set up public education workshops with respect to listing properties on the register M. Sawchuck noted that in speaking with various municipalities, it was the consensus that properties be placed on the listing of potential properties for designation, based on merit, and not contingent on owner approval. It was noted the purpose of the presentation to Council would be to gain Council support to add properties to the listing Page 2 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) without the owner's approval, as research has shown this to be the best approach. It was also suggested that the Federal and Provincial sites be included on the map as well. To provide clarity, it was suggested more detail be provided in the presentation on the difference between listed and designated properties. It was also suggested to show properties that had already been designated by Council and to stress the benefit of the proposed education program. It was suggested that the Committee work with the Town of Ajax, Markham and Whitby to share information such as check sheets. It was also recommended that the Committee work from the 2008 draft of properties to establish an updated listing and make revisions as necessary. Updates should be submitted to Council for consideration on an annual basis. It was the consensus of the Committee to have the annual report and work plan as well as the presentation to Council done at the April 16th meeting of Council. All members were encouraged to attend. Discussion ensued with respect to the property located at 560 Park Crescent, which comprises approximately 12.5 acres, as to the value of pursuing designation for this site. This property had been placed on the 2008 listing of properties with potential cultural heritage value or interest. The importance of having research done in a timely fashion was noted, even if the property not eventual) designated. 4.0 New Business 4.1) Storage of Heritage Pickering Materials Discussion ensued with respect to the cataloguing and storage of Heritage Pickering's materials. Currently the majority of materials are being stored in the Planning & Development Department at the City of Pickering. It was suggested that the Committee request the aid of the Pickering Library history section to assist with cataloguing and storage. N. Carroll noted that Committee members were welcome to use office space when available in the Planning & Development Department to go over materials as required. 4.2) Demolition Permit - 1130 Taunton Road Discussion ensued with respect to a demolition permit received for 1130 Taunton Road. I. James provided a brief outline, Page 3 Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) noting the property was listed on the Heritage Register but not designated. Discussion ensued with respect to available options for this property. Moved by M. Sawchuck Seconded by J. Van Huss T. Besso/M. Sawchuck That the Committee submit correspondence for Council support to action to request a six month extension to undertake a comprehensive evaluation of the property located at 1130 Taunton Road in order to determine the heritage significance of the property. Carried 1. James provided T. Besso with evaluation reports which have now been completed for 4 properties along the 407 extension. It was recommended the Committee review these prior to the next meeting as Winston Wong from the Ministry of Transportation will be attending. 5.0 Correspondence 5.1) Ministry of Citizenship & Immigration Correspondence was received for information from the Ministry of Citizenship & Immigration with respect to nominations for the Newcomer Champion Awards. The deadline for nominations is March 15, 201. The correspondence will be forwarded L. Roberts to action electronically to members should anyone wish to submit a nomination. 6.0 Next Meeting/Adjournment Next Meeting: March 22, 2012 The meeting adjourned at 9:40 pm. Copy: City Clerk Page 4 Cif v¢~ Minutes Waterfront Coordinating Committee i i March 15, 2012 PICKERIN 7:00 pm Main Committee Room Attendees: Councillor Dickerson Councillor O'Connell Jim Dike, Chair Jim Berry, Vice-Chair Keith Falconer Maureen Robbins Jean Veronneau Sean Wiley Arnold Mostert, Coordinator, Landscape & Parks Development Nancy Gaffney, TRCA Gord MacPherson, TRCA L. Roberts, Recording Secretary Absent: Kathleen Corcoran Patricia Short-Galle . Item/ Details & Discussion & Conclusion Action Items/Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Welcome & Introductions J. Dike welcomed everyone to the meeting and introduced guests Leonard and Evanne Willson. 2.0 Agenda/Minutes Moved by K. Falconer Seconded by M. Robbins That the January 19, 2012 minutes of the Waterfront Coordinating Committee be approved. Carried 3.0 Correspondence J. Dike informed the Committee that he had received correspondence from the City of Pickering acknowledging the 2011 annual report and 2012 work plan for the Committee. 4.0 New Business 4.1) Frenchman's Bay Waterfront Master Plan Update J. Dike informed the Committee that the public open house held on March 3rd was a successful event with a good turnout, Page 1 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items /Status Ref # (summary of discussion) (include deadline as appropriate) providing plenty of input. The only criticism regarding the event was the fact that the venue was not accessible. It was noted that this location would not be used in the future. Ms. Willson appeared before the Committee and expressed her concerns with the length of the proposed pier. She also noted that as an avid swimmer, she is opposed to this beach being posted. She noted this is the only beach in Durham Region that is currently not posted. She informed the Committee of her desire to see the area kept natural. She stated that while she understands the need for the entrance widening and some dredging, she questioned the rationale behind the length of the pier being proposed. She also questioned whether work would be done during the winter months and whether access to the beach would be restricted during construction. Gord MacPherson provided clarification with respect to the beach access, stating there would be minimal impact to residents. He also noted TRCA is vigilant with respect to water quality, stating this area is quite clean. J. Dike noted the economic benefits by having the harbor entrance listed as a safe entrance for all boaters. He stated that by having events that attract large numbers, this would be beneficial to merchants in the area. A. Mostert provided members with copies of a summary of comments received from the open house. A detailed discussion period ensued focusing on the following points; • parking • length and accessibility of boardwalk • location of Pickering Rouge Canoe Club • washroom facilities • harbor entrance funding and agreements • Burial ceremonies - TRCA doing outreach • enforcement of jet skis A. Mostert to action Arnold was requested to inquire with By-law as well as Durham Regional Police Service regarding the possibility of appointing an auxiliary officer to provide enforcement with respect to excess speed in the bay. Page 2 CORP0221-2102 Item / Details & Discussion & Conclusion Action Items`/ Status Ref # (summary of discussion) (include deadline as appropriate) N. Gaffney noted the Province was very interested in the tourism and accessibility aspects of this plan, which would make this a good project for them to fund. A. Mostert was directed to ask for verification on the reasoning A. Mostert to action for lengthening the pier and confirmation with respect to the currents in the beach. TRCA will provide a summary. Gord MacPherson noted all alternatives had been looked at and felt confident that all issues had been addressed in this plan. Councillor O'Connell questioned whether an agreement had been signed between all parties with respect to funding for the harbor entrance. She noted it would be premature to proceed without this, stating there would be chaos if the infrastructure is not in place first. She noted concerns with respect to costs associated with the ongoing dredging after the harbor entrance project is completed. It was also noted that the proposal was for each boat making the harbor its home port, to pay an annual fee in order to build up a reserve fund for future dredging. Councillor O'Connell also noted concerns with limiting parking and traffic, keeping the beach natural and safety issues regarding the Canoe Club until this is implemented. Funding and construction should be phased in and should be done as one project. It was also noted the entrance, walkway and parking need to completed first. A. Mostert was directed to obtain,a construction schedule for A. Mostert to action everything on the west spit with dates and cost estimates. S. Wiley questioned whether a question and answer summary document could be created from the comments received at the open house and posted on the website. He also agreed that it should be a priority to ensure the beach is not posted. 4.2) Waterfront Trail Enhancements at WPCP A. Mostert provided an update, noting he had met with the Region of York, TRCA and the Town of Ajax on March 7th to review the waterfront trail enhancements. He noted that the Region of York will be issuing RFP's by mid April for the Linton house. He also stated that roadworks on Frisco Road should begin in May with paving completed by the end of June. The required permits and approvals as well as the by-law to stop u Page 3 CORP0228-2/02 Item / Details & Discussion & Conclusion Action Items/ Status Ref # (summary of discussion) (include deadline as appropriate) and close Frisco Road will go forward for Council approval in April. Construction will progress in May and June with the intent of having completion prior to school getting out. A question and answer period ensued. Gord MacPherson noted it was still the intent of TRCA to proceed with the connection of the nature trail on the west side in the Town of Ajax as well as the viewing platform. 4.3) Pickering Rouge Canoe Club A. Mostert provided an update with respect to the Pickering Rouge Canoe Club. He noted they had commissioned an architect and passed around the concept drawings for members to view. J. Veronneau informed the Committee the proposed location is just east of the sensitive marsh area on the west spit, which is currently where boats are launched on the bay side of the spit. He noted that safety concerns and parking issues were identified in the other locations. Councillor Dickerson questioned the possibility of this being a year round facility and why the washroom building was elevated on one side. Discussion ensued with respect to the design criteria, which was clarified by Gord MacPherson. He indicated the need to be cautious in hazard lands and the importance of balance on how the structure is built. Councillor O'Connell requested clarification on the mezzanine area. She also questioned who would maintain ownership of the building and whether accessibility standards would be complied with. K. Falconer questioned how many residents from the disabled community were members of the club. A. Mostert informed the Committee they would be meeting to review the details and obtain cost estimates, which he hopes to A. Mostert to action provide for the next meeting. Page 4 CORP0228-2/02 Item / Details & Discussion &-Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 4.4) Scudellari House Demolition A. Mostert informed the Committee that the Scudellari house has been demolished. N. Gaffney noted that TRCA spent $33,000 for designated substance removal prior to the house being demolished. 4.5) Primrose Cutter Head Sign Installation A. Mostert informed the Committee that the Primose Cutter Head sign had been installed at a minimal cost and provided a photo of the sign for members. 4.6) Beachfront Park A. Mostert informed the Committee that a week had been spent cleaning up Beachfront Park after the recent windstorm. It had been closed for a few days, but has now reopened with all required works completed. 5.0 Other Business 5.1) J. Berry noted the importance of obtaining comments from a public meeting. He also stated the need to have a recommendation come forward from the Waterfront Committee which would respond to the questions raised from the public open house. He also noted some concerns with the boat launch. 5.2) Councillor O'Connell noted it may be a good idea to have a special meeting to deal with the issue of the Frenchaman's Bay Waterfront Master Plan, stating we could not make any decisions without first knowing the costs associated. It was the consensus of the Committee to obtain the cost estimates for the Frenchman's Bay Waterfront Master Plan. 6.0 Adjournment/Next Meeting Next Meeting: to be determined. Moved by K. Falconer That the meeting be adjourned. Meeting Adjourned: 9:20 pm Copy: City Clerk Page 5 CORP0228-2/02