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HomeMy WebLinkAboutJune 18, 2018C<ty „! P1CKE RiNG Planning & Development Committee Agenda Monday, June 18, 2018 Council Chambers 7:00 pm Chair: Councillor McLean Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the "bookmark" icon to the left of your screen to navigate from one report to the next. For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 Iroberts@pickering.ca rly o/ DICKERING Planning & Development Committee Agenda June 18, 2018 Council Chambers - 7:00 pm Chair: Councillor McLean (1) Delegations 1. Representatives from Veridian Corporation Re: Report CAO 05-18 Veridian Corporation Proposed Merger with Whitby Hydro Energy Corporation David Sim Re: Report CAO 05-18 Veridian Corporation Proposed Merger with Whitby Hydro Energy Corporation (H) Part 'A' Information Reports Pages Subject: Information Report No. 07-18 Draft Plan of Subdivision Application SP -2018-01 Zoning By-law Amendment Application A 01/18 Skale (2165 Brock) Inc. 2165 Brock Road Subject: Information Report No. 08-18 Official Plan Amendment OPA 18-01/P Zoning By-law Amendment Application A 02/18 Draft Plan of Subdivision Application SP -2018-02 Draft Plan of Condominium Application CP -2018-01 Icon Forest District Limited Northwest corner of Finch Avenue and Altona Road (2024 and 2026 Altona Road, and 200 Finch Avenue) 1-12 13-27 For information related to accessibility requirements please contact: Linda Roberts 905A20.4660 extension 2928 Irobertspickerinq.ca C4 PICKERING Planning & Development Committee Agenda June 18, 2018 Council Chambers - 7:00 pm Chair: Councillor McLean Subject: Information Report No. 09-18 Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Draft Plan of Subdivision Application SP -2018-03 Metropia (Notion Road) Development Inc. South side of Pickering Parkway, west of Notion Road (1842 and 1856 Notion Road) 28-45 Subject: Information Report No. 10-18 46-63 Official Plan Amendment Application OPA 18-003/P Zoning By-law Amendment Application A 07/18 City Initiated: Kubota Canada Ltd. Lands Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010 (3560 Highway 7) (III) Part `B' Planning & Development Reports 1 Director, City Development & CBO, Report PLN 17-18 Official Plan Amendment Application OPA 17-003/P Amendment 31 to the Pickering Official Plan City Initiated: Information and Communication Technology Recommendation 64-80 1. That Official Plan Amendment Application OPA 17-003/P, initiated by the City of Pickering, to add new policies .and revise existing policiesin the Pickering Official Plan with regard to the City's Information and Communication Technology Network and "Dig Once" Standard, as set out in Exhibit "A" to Appendix I to Report PLN 17-18, be approved; and 2. That the Draft By-law to adopt Amendment 31 to the Pickering Official Plan, to add new policies and revise existing policies in the Pickering Official Plan, as set out in Appendix I to Report PLN 17-18, be forwarded to Council for enactment. DICKERING cd# Planning & Development Committee Agenda June 18, 2018 Council Chambers - 7:00 pm Chair: Councillor McLean 2. Director, City Development & CBO, Report PLN 18-18 81-121 Drinking Water Source Protection — Proposed Amendments to the CTC Source Protection Plan and Toronto & Region Assessment Report Recommendation 1. That the proposed amendments, as provided in Appendix I, to policies and mapping within the CTC Source Protection Plan and the Toronto & Region Assessment Report, prepared by the CTC Source Protection Committee be endorsed; 2. That the City Clerk forward a copy of Report PLN 18-18 and the Council Resolution endorsing the proposed amendments to the CTC Source Protection Plan and the Toronto & Region Assessment Report to the CTC Source Protection Committee, Region of Durham and Region of York. 3. Director, City Development & CBO, Report PLN 20-18' Draft Plan of Subdivision Application SP -2017-02 Zoning By-law Amendment Application A 05/17 9004807 Canada Inc. (Stonepay) Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 Recommendation 122-164 1 That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Draft Plan of Subdivision Application SP -2017-02, submitted by 9004807 Canada Inc. on lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, to establish four blocks for residential use, a 0.62 of a hectare block for a village green, a block for a stormwater management pond, a block for a local road (Street `A'), a block for a Type 'C' Arterial Road (Palmer's Sawmill Road), and a block for a collector road (Tillings Road extension), as shown on Attachment #5 to Report PLN 20-18, and that the Local Planning Appeal Tribunal grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 20-18; 2. That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Zoning By-law Amendment Application A 05/17, submitted by 9004807 Canada Inc. to implement the Draft Plan of Subdivision SP -2017-02 and to facilitate a residential condominium Cdy DICKERING Planning & Development Committee Agenda June 18, 2018 Council Chambers - 7:00 pm Chair: Councillor McLean development, and that the Local Planning Appeal Tribunal approve the zoning by-law amendment set out in Appendix II to Report PLN 20-18; 3, That the Community benefits to be provided by 9004807 Canada Inc. through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, Plan 40R-28547, be approved by the Local•Planning Appeal Tribunal as set out in Section 9 of the Zoning By-law Amendment; 4. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with 9004807 Canada Inc. to secure funding for the future construction of the village green within the Draft Plan of Subdivision SP - 2017 -02, as outlined in Report PLN 20-18 prior to site plan approval for the first phase of development, in accordance with Section 37 of the Planning Act R.S.O. 1990, on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; 5. That the Director, Corporate Services & City Solicitor and staff be authorized to attend a Local Planning Appeal Tribunal Pre -Hearing Conference, and any subsequent hearings, to support Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17 as endorsed by Council; and 6. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. 4. Director, City Development & CBO, Report PLN 21-18 165-175 Revised Site Plan Control Area By-law Recommendation 1. That Council approve and enact the revised Site Plan Control Area By-law as set out in Appendix I to Report PLN 21-18; 2. That Council repeal By-laws 1079/80 and 7009/09, and replace them with the attached revised Site Plan Control Area By-law to designate the entire City of Pickering as a Site Plan Control Area; and DICKERING City 6 Planning & Development Committee Agenda June 18,2018 Council Chambers - 7:00 pm Chair: Councillor McLean That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5. Director, City Development & CBO, Report PLN 22-18 176-207 Consulting Services for the Infill and Replacement housing in Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 Recommendation 1. That the proposal submitted by SGL Planning & Design Inc. to undertake the Infill and Replacement Housing in Established Neighbourhoods Study in the amount of $147,657.00 (including HST) be accepted; That the total gross project cost of $164,342.00 (HST included), including the RFP amount and contingency costs, and the total net project cost of $147,995.00 (net of HST rebate), utilizing the funding identified for this project in the 2018 Current Budget for the City Development Department, Consulting and Professional (Account 2611.2392.0000), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $147,995.00 as follows: a) The sum of $81,397.00 to be funded from property taxes; b) The sum of $66,598.00 to be funded by a transfer from the Development Charges —Studies Reserve Fund; and 4. That the appropriate City of Pickering staff be authorized to enter into any agreements to give effect hereto. 6. Chief Administrative Officer Report, CAO 05-18 208-235 Veridian Corporation Proposed Merger with Whitby Hydro Energy Corporation Recommendation 1. That the amalgamation of Veridian Corporation ("Veridian Holdco") and Whitby Hydro Energy Corporation ("Whitby Holdco") be approved and authorized on the general terms and conditions set out in this Report; DICKERING („T, Planning & Development Committee Agenda June 18, 2018 Council Chambers - 7:00 pm Chair: Councillor McLean That the amalgamation of Veridian Connections Inc. ("Veridian LDC") and Whitby Hydro Electric Corporation ("Whitby LDC") be approved and authorized on the general terms and conditions set out in this Report; 3. That, to give effect to the amalgamations, the Mayor and City Clerk are hereby authorized to execute the Merger Participation Agreement and Shareholders' Agreement substantially in the form provided to Council under separate cover, subject to such modifications as are acceptable to the Chief Administrative Officer; 4. That the Mayor and City Clerk are hereby authorized to execute such other agreements, documents and instruments as are required to implement the amalgamations, and to give effect to the above -noted Merger Participation Agreement and Shareholders' Agreement, on such terms as are acceptable to the Director, Finance & Treasurer and the Director, Corporate Services & City Solicitor; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. (111) Other Business (IV) Adjournment DICKERING city,/ Information Report to Planning & Development Committee Report Number: 07-18 Date: June 18, 2018 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Draft Plan of Subdivision Application SP -2018-01 Zoning By-law Amendment Application A 01/18 Skale (2165 Brock) Inc. 2165 Brock Road 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for a Draft Plan of Subdivision and Zoning By-law Amendment, submitted by Skale (2165 Brock) Inc., to permit a residential condominium development. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information and no decision on these applications are being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The subject lands are located on the east side of Brock Road, north of Usman Road within the Duffins Precinct of the Brock Ridge Neighbourhood (see Location Map, Attachment #1). The subject lands have a total area of approximately 1.96 hectares of which only the westerly half (approximately 0.88 of a hectare) are developable. The easterly half of the subject lands are environmentally significant valley lands associated with East Duffins Creek (see Air Photo Map, Attachment #2). The lands have approximately 48 metres of frontage along Brock Road, and currently support a single storey detached dwelling and a concrete accessory building, which are proposed to be removed. Surrounding land uses include: North: Vacant lands for which the City has received a site plan application, submitted by Ansar Medical, for a 5 -storey mixed-use apartment building. East: The East Duffins Creek and associated valley lands. South: The Seaton Valley Childcare Centre and the Pickering Community Baptist Church. Further south is a residential development that is currently under construction and consists of freehold townhouses and detached dwellings. West: Across Brock Road is an established residential community and a commercial plaza located at the southwest corner of Delbrook Avenue and Brock Road. 1 Information Report No. 07-18 Page 2 3. Applicant's Proposal The applicant has submitted applications for draft plan of subdivision and zoning by-law amendment to facilitate a residential condominium development. The Draft Plan of Subdivision proposes to create three blocks: one block for residential use; one block for the East Duffins Creek and associated valley lands; and one block for a road widening along Brock Road (see Submitted Draft Plan of Subdivision, Attachment #3). Within the residential block, the applicant is proposing a residential common element condominium development consisting of 53 townhouse units fronting onto an internal private road. All buildings are proposed to be 3 storeys in height (approximately 11.0 metres). Vehicle access to the internal private road will be provided through a full -moves access from Brock Road. A vehicular connection to the future development to the north is provided through the visitor parking area (see Submitted Conceptual Site Plan, Attachment #4). The applicant is proposing two parking spaces per dwelling unit (one space within a private garage and one space on the driveway). A total of 14 visitor parking spaces are proposed. Eleven spaces, including an accessible parking space, will be provided on the north side of the development between Blocks F and H, and three spaces east of Block H. The rear elevations for all units will have a walk out to the rear yard from the first floor, a walkout to a balcony on the second floor and a juliette balcony on the third floor (see Submitted Conceptual Building Elevations, Attachment #5). The submitted concept plan also includes a community mailbox area, a private parkette, a below grade water meter room, and a 6.9 metre wide road widening along the entire frontage of Brock Road. The applicant has indicated that the lands associated with East Duffins Creek, including required buffer lands, which are identified as Block 2 on the submitted Draft Plan of Subdivision, will be conveyed to the appropriate public authority. The applicant is required to submit a Draft Plan of Condominium Application in the future to create tenure of the parcels in the development. Based on the submitted conceptual site plan, the possible common element features may include, but are not limited to: the internal private road; the visitor parking areas; community mailboxes; the private parkette; the water meter room; and required easements. The applicant will create the privately owned townhouse parcels through a process called "lifting part lot control". The proposed development will be subject to site plan approval. 4. Policy Framework 4.1 Region of Durham Official Plan The subject lands are designated as "Living Areas" with a "Regional Corridor" overlay along Brock Road in the Durham Regional Official Plan. Lands within the Living Areas designation are predominately intended for housing purposes and limited office and commercial uses. In the consideration of development proposals, regard shall be had to achieving a compact urban form, including intensive residential, office, retail and service, and mixed uses along arterial roads, in conjunction with present and potential transit facilities. 2 Information Report No. 07-18 Page 3 Regional Corridors shall be planned and developed in accordance with the underlying land use designation, as higher density mixed use areas, supporting higher order transit services and pedestrian oriented design. Regional Corridors are intended to support an overall, long-term density target of at least 60 residential units per gross hectare and a floor -space index (FSI) of 2.5, with a wide variety of building forms, generally mid -rise in height, with some higher buildings, as detailed in municipal official plans. Brock Road is designated as a Type 'A' Arterial Road and a Transit Spine in the Durham Regional Official Plan. Type `A' Arterial Roads are designed to carry large volumes of traffic at moderate to high speeds, have some access restrictions and generally have a right-of-way width ranging from 36 to 50 metres. Transit Spines are recognized corridors where higher levels of transit service is to be encouraged. The proposal generally conforms to the Region of Durham Official Plan. 4.2 Pickering Official Plan The Pickering Official Plan designates the developable portion of the subject lands as "Urban Residential Areas — Medium Density" within the Brock Ridge Neighbourhood. This designation is intended primarily for residential uses and permits a maximum net residential density of over 30 and up to and including 80 units per net hectare. The permitted maximum floor space index (FSI) is up to and including 2.5 FSI. The proposal will result in a net residential density of approximately 60 units per net hectare, which falls within the permitted density range of the "Urban Residential Areas — Medium Density". The portion of the subject lands containing the East Duffins Creek and associated valleylands and buffers are designated as "Open Space — Natural Areas". Lands designated as part of the open space system are intended to be used primarily for conservation, restoration, environmental education, recreation, and ancillary purposes. The Official Plan also identifies a future north -south collector road east of Brock Road traversing through the subject lands. Collector roads generally provide access to individual properties, to local roads, to other collector roads and to Type 'C' arterial roads; carry greater volumes of traffic than local roads, including automobiles, pedestrians, bicycles and transit; and generally have a right-of-way width ranging from 20 to 22 metres. The intent of the proposed north -south public road is to connect the developable lands on the east side of Brock Road in order to facilitate the flow of new residential traffic to signalized intersections once the medians associated with the Brock Road improvements are installed. 4.3 Duffins Precinct Development Guidelines The Duffins Precinct Development Guidelines provide direction for detailed land use, transportation network, community design objectives and servicing arrangements for the precinct. The design objectives indicate that development in the precinct must provide: • • a range of housing types including detached, semi-detached, townhomes, and multi -unit dwellings • streetscape and architectural designs that are aesthetically pleasing, diverse, encourage social interaction within a neighbourhood, and support safe environments • development that embraces the natural environment 3 Information Report No. 07-18 Page 4 The Precinct is divided into five Development Areas with the intent to establish development of a varied scale throughout the Precinct. The subject property is delineated as Development Area 3 on the Tertiary Plan. Area 3 is intended to accommodate multi -unit, multi -floor buildings that have a strong building presence along Brock Road. Building heights permitted in Area 3 ranges from a minimum of 3 storeys to a maximum of 5 storeys. Variations to minimum and maximum building heights may be considered if it can be demonstrated that the objectives of the guidelines will be achieved. The applicant's proposal will be reviewed in detail to ensure compliance with the requirements of the Brock Ridge Neighbourhood policies and the applicable Duffins Precinct Development Guidelines. 4.4 Duffins Precinct Environmental Servicing Plan In 2013, Council endorsed the recommendations of the Duffins Precinct Southern Lands Environmental Servicing Plan Update, Final Report (ESP Update) dated November 2012, prepared by Sernas Associates (now GHD). The ESP Update recommends detailed technical strategies to address water resource issues including the protection of wetland features, hydrogeology and water balance; erosion sensitivity, aquatic habitat and headwater conditions, stormwater management strategies, phasing of stormwater facilities, and required monitoring. The applicant's proposal will be reviewed in detail to ensure compliance with the technical requirements and recommendations of the ESP Update. 4.5 Zoning By-law 3036 The subject lands are currently zoned "A" — Rural Agriculture Zone within Zoning By-law 3036, as amended, which permits a detached dwelling, home occupation and various agricultural and related uses. The applicant is requesting to rezone the developable portion of the subject lands to an appropriate residential zone category with site-specific performance standards to facilitate the proposal. The lands associated with the East Duffins Creek and associated valleylands, including the required buffer lands, are to be rezoned to "OS" — Open Space Areas. 5. Comments Received 5.1 Resident Comments As of the writing of this report, no comments or concerns have been received. 5.2 Agency Comments Region of Durham • as of the writing of this report, no comments or. concerns have been received Toronto and Region • as of the writing of this report, no comments or Conservation Authority concerns have been received 4 Information Report No. 07-18 Page 5 Durham. District School Board • no objection to the development proposal • approximately 26 elementary students could be generated from the proposed development and can be accommodated within existing school facilities 5.3 City Department Comments 5.3.1 Engineering Services Department The following is a summary of key concerns identified by Engineering Services: • A tree preservation plan that ensures protection of TRCA and proponent lands, will be required and any canopy loss may be subject to compensation either in the form of off- site tree planting or through financial compensation; • The Owner is responsible to pay their proportionate share of the cost of oversizing services on the Kindwin lands in order to accommodate the development on the subject lands, including but not limited to: oversizing of the storm sewer; intersection improvements at Usman Road and Road; and oversizing of the storwamter management facility • The City requires Usman Road to be extended north, from its current termination on the Kindwin lands, terminating south of the Ansar Medical lands (2177 and 2185 Brock Road), on the Skale lands. The extension of Usman Road will allow for future connectivity between the various land owners on the east side of brock Road, as generally contemplated by Map 23 Neighbourhood 13: Brock Ridge of the Official Plan. The public road will also assist in providing the required servicing to ensure there is an overall coordinated development, as envisioned for the neighbourhood. • A permanent turning circle (cul-de-sac) is to be constructed on the subject lands to accommodate the future extension of the public road from the Kindwin development; • The cul-de-sac is to align with the proposed connection with the Ansar Medial lands to the north and is to be constructed with a minimum street line radius of 18.0 metres and a curb radius of 12.5 metres, as per City design standards 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and other identified through the circulation and detailed review of the proposal, are required to be address by the applicant prior to a final recommendation report to Planning & Development Committee: • ensuring conformity with the City's Official Plan, the Brock Ridge Neighbourhood policies, applicable Duffins Precinct Development Guidelines, and the Environmental Servicing Plan (ESP) Update • ensuring that the limit of development and other technical requirements are to the satisfaction of TRCA • requiring Usman Road to extended north from its current termination on the Kindwin lands, terminating south of the Ansar Medical lands (2177 and 2185 Brock Road), on the subject lands allowing for future connectivity between the various land owners on the east side of Brock Road, as generally contemplated in the Brock Ridge Neighbourhood map 5 Information Report No. 07-18 Page 6 • securing appropriate easements over the lands to the south (2145 Brock Road) in order to extend existing services located at the north end of Usman Road to service the proposed lands • reviewing site design matters and requested zoning performance standards to ensure that the subject lands are not over developed, including but not limited to: • increasing the proposed building setbacks, including the reduced rear yard setback of 4.8 metres; the reduced side yard width of 0.5 of a metre; and the reduced setback of 5.0 metres for an entrance to a private garage from the private road • providing sufficient front yard setbacks and width to enable suitable areas for soft landscaping and sufficient soil for trees to grow and flourish • assessing the size and configuration of the private parkette to accommodate play structures and seating • providing for an internal 1.5 metre wide pedestrian pathway • ensuring vehicular connection to the future development to the north • ensuring that the common spaces proposed are adequate to support snow storage areas, water meter rooms and community mail box areas • evaluating the design and geometry of the private road network to ensure turning movements can accommodate municipal garbage collections and fire trucks • require sufficient resident and visitor parking to be provided on-site to support this development • ensure the landowner pays its proportionate share of the cost of the ESP Update, the storm water management pond and the construction of Usman Road The City Development Department will conclude its position on the application after it has received and assessed comments from the circulated departments, agencies, and public. 7. Information Received Copies of the plans and studies listed below are available for viewing on the City's website at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Conceptual Site Plan, prepared by Kohn Partnership Architect Inc., dated December 20, 2017 • Conceptual Elevations, prepared by Kohn Partnership Architect Inc., dated December 2017 • Planning and Urban Design Rationale Report, prepared by Bousfields Inc., dated December 2017 • Stage 1 and 2 Archeological Assessment, prepared by ASI, dated June 19, 2017 • Geotechnical Investigation Report, prepared by V.A. Wood Associates Limited, dated May 2017 • Phase 1 and Limited Phase 2, Environmental Site Assessment, prepared by V.A. Wood Associates Limited, dated June 2017 • Functional Servicing Report, prepared by WSP, dated October 31, 2017 • Stormwater Management Report, prepared by WSP, dated October 31, 2017 • Transportation Impact Study, prepared by BA Group Ltd., dated December 2017 6 Information Report No. 07-18 Page 7 • Noise Impact Study, prepared by J.E. Coulter Associates Limited, dated November 8, 2017 • Environmental Impact Statement, prepared by GeoProcess Research Associates Inc., dated November 2017 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 9. Owner/Applicant Information The owner of this property is Skale (2165 Brock) Inc. and is represented by Bousfields Inc. Attachments 1. Location Map 2. Air Photo Map 3. Submitted Draft Plan of Subdivision 4. Submitted Conceptual Site Plan 5_ Submitted Conceptual Building Elevations Prepared By: Approved/Endorsed By: 4\ - Niles ft Surd, MCIP, RPP Manager, Development Review & Urban Design NS:Id Date of Report: May 25, 2018 Catherine Rose, MCIP, RPP Chief Planner 7 Attachment # 1 to o /F3Information Report # III 111Woj P■ rI.. /ll Mtn tow C :■ 11 0 0 E 0 c 0 Dellbrook Avenue k andaif Cou Mcbrady. Crescen Major Oaks Road a) 0 Rayleen Crescen 0 Subject Lands ► ••••••••••••• ...1•.•.•.•.•..•.•.•.•.•.•.•.•.•.•.•......•.�4 Usman Road 11 1111 0 0 c 0 m • 1 • • • • 1 • 1 1 •1 • • Y of • C4 Location Map File: SP -2018-001 and A 01/18 of PICKERI NG City Development, Department . Applicant: Skale (2165 Brock) Inc. Property Description:Part of Lot 18, Concession 2, Now Part 2, 40R-7062 (2165 Brock Road) Date: May. 18, 2018 . The Corporaeon of the Clty of Pickenng Produced tin part) underticense from:OOmens Pnrter,Ortano Minsky of ttahral Resources. rights reserved ,O Her Majesty the Queen in Right of Canada, Dep artmert of Nahral Resources. Al rights reserved.; OTerenel Enterprises Inc. and ifs suppliers all rights reserved.;O Municipal Plop erty Assessmert Corporation and Rs sipp5ers a0 rights reserved; SCALE. 1:5,000All THIS IS NOTA PLAN OF SURVEY. Attachment # to 7 I f3 linfr rmation Report #., n molg (Mk r 6 'II[ 1 Its! Mk:,1 Willa tine-- y �4R n r.1. • IMI`3P1/11111077701 U:;mrui 120: cdri PICKERING City Development Department Air Photo Map File: SP -2018-001 and A 01/18 Applicant: Skale (2165 Brock) Inc. Property Description: Part of Lot 18, Concession 2, Now Part 2, 40R-7062 (2165 Brock Road) 511. rJwperd➢w101 IM Cdy or Pkkip dog I'mduo d (n parll ud., li<.n•d pdn1:GOWd1a P1111,, CAV4 4,111.1.101,41.111..are.• AA rip N. rn•Ned•A111r 0.0•00 lM D.... 0 1.11014 0 r.. nen•, [J.pe•1me,. •r Nahall Nenwd.a. A91ip If. rc,.rrcd.', 9 TM.* p. nl.1'du•tnq, .rd Ila.>tpp:kn nlf ndh]. 1r.•rre11 O N,101441 P190ed/ A•,ar.rlwrt r:w0oulan.ndll, •1pp•eu.p 15,11. /01.0 Ned, Date: May. 25, 2018 SCALE: 1:5,000 I TFI1819 NOT AKKANQF!ARMY, 9 z 2 0 EXISTING RESIDENTIAL tietmetre • 4540 ,• • • Novirsrt 3 51 SU • ENVIRONMENTAL LANDS Block 3 N. Road 69 Widening . 0.034 ha 181.7 Block 1 Residential 0.884 ha .181.3 215.1 Block 2 Environmental Lands 1.048 ha 218,1 • 4,11-10-2 EXISTING RESIDENTIAL marty.tre 2311.18 ENVIRONMENTAL LANDS ozy Submitted Draft Plan of Subdivision 4 PICKERING City Development Department File No: SP -2018-01 and A 01/18 Applicant: Skale (2165 Brock) Inc. Property Description: Part of Lot 18, Concession 2, Now Part 2, 40R-7062 (2165 Brock Rd) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF P CKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 4, 2018 Road Widening • Visitor Spaces Parking Vehicular connection to future development to the north Visitor Parking Spaces a..1rr1'r am + ' I rryr TT +ca :W}CnfMl�1 ns:Mnranr�nr�, nm.n:.0...:.....,,,, `�S !TI T la 1N��1c:Pr L U' �' 4.0CLMillRrt v - r• ,• l., i ,-�. -- rr 5� •'C.! NI r1I. lQ .. �....., p 4nlEp j y ',� 12 st la ii• Ira 1 •.. ! l C CONSPWATON ! =t O.. .e, /�� 11�1111111® a ,A= tk fr.%i 9 � eriN1®R m y��yyyjj Ce bf� acaren.vcx ®® 1111 ; g ®® tsillisr l + �.Ilti •.eeeen,rz+ i lmli �� m yyyy •', l ' figi ... Iii yea i -1Lf� _E'd� - Vii LL TOn+a�OLYs MlNH.GLPii n,ovmtrn�s _ Below grade Private water meter room Parkette Community Mailboxes Submitted Conceptual Site Plan C4 a File No: SP-2018-01 and A 01/18 P1 C KE R1 N G Applicant: Skale (2165 Brock) Inc. City Development Property Description: Part of Lot 18, Concession 2, Now Part 2, 40R-7062 Department (2165 Brock Rd) FULL SCALE COPIES OF THIS PLAN ARE AVAfLASLE FOR VIEWFNG AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 4, 2018 0 at 3 CD CD 1 is Q® ➢t 11 -- ➢— Q® ®1 11 et ® ii Z it ti ® 0 II l ® Q — �11Q 1i Q I PM ii II ii ii ;i ON a Ti ii IN in I.■ ' 11 ® �a ■ I ® �� ■lI! ii �1 g I. ■ 1. =r-, d •I •I11I •I I•III .I •I •I •III •1 .111 •I I !i+ 1 lir! si 1=` !illi ! o llii i! o it I Iii s .., •Ce.yrIF ' I 1 ',Annf 11 • - --• a .m �, 1. ..-„,� r� FRONT ELEVATION (BLOCKS B. C. E, G) NCM$$ :230 M 2 aF — - n I Frl n pi N rt _ Iltf 4�m I•��0 fpr flhIal III�Wi IIIY _ tt mil tt IMM mai 0€ tt _ m. IT tt r tr in �• i . rt II _ ani-- spill 1111111 mlu mlu 0.0 1IIl rill Ipo[ It r tt NSG WIIRI 0111 - 6 fie. e1a �a ■ 0 rll Ir! ttIt t� IRO ■Y0�0 f I0Llpp El @fit: alts lint 0 tt II. Y7ID� m.l it 1: 17Y1 i@ rt' iG' 0 iff tt R ' 0 ■t� t.I Jtt IDA nllltl Ir___ RI mlpp um 0•ui .iii tIi ii ■■ ]i�Y 1111 _ ^mo �J ' _NE r 11 ■II6 xi 11 in Midi siu ■i• Ir} .ii it ■II“■II a �*,r � ,off __ 1.11 .•ir r Mil_ II Irl 1 11 ■oci ri ■II� is is aax,.. } I •m mr, I _ 7>. u,,, �7 c a.at r_� . REAR ELEVATION (BLOCKS B, C. E, G) e Submitted Conceptual Building Elevations 64 O6 File No: SP -2018-01 and A 01/18 PICKE R1 N G Applicant: Skale (2165 Brock) Inc. City Development Property Description: Part of Lot 18, Concession 2, Now Part 2, 40R-7062 Department (2165 Brock Rd) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE MY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Niay4,2Q1$ 0 at 3 CD CD 1 DICKERING 04 60/ Information Report to Planning & Development Committee Report Number: 08-18 Date: June 18, 2018 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Official Plan Amendment OPA 18-01/P Zoning By-law Amendment Application A 02/18 Draft Plan of Subdivision Application SP -2018-02 Draft Plan of Condominium Application CP -2018-01 Icon Forest District Limited Northwest corner of Finch Avenue and Altona Road (2024 and 2026 Altona Road, and 200 Finch Avenue) Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium, submitted by Icon Forest District Limited, to facilitate a residential condominium development. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information and no decision is to be made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The subject lands are located at the northwest corner of Finch Avenue and Altona Road, within the Rouge Park Neighbourhood (see Location Map, Attachment #1). The subject lands comprise three properties having a combined area of approximately 2.2 hectares with approximately 172 metres of frontage along Finch Avenue and approximately 107 metres of frontage along Altona Road. The subject lands are currently occupied by two detached dwellings with accessory buildings, which are proposed to be removed. The remaining lands are vacant with clusters of trees that are also proposed to be removed to accommodate the development (see Air Photo Map, Attachment #2). 13 14 Information Report No. 08-18 Page 2 Surrounding land uses include: North and Immediately north and westare environmentally sensitive lands, owned by West: Infrastructure Ontario (10), forming part of the Petticoat Creek watershed. An existing detached dwelling (potentially significant heritage resource) is located northwest of the subject lands on 10 lands with a driveway access from Altona Road. Further north is the Canadian Pacific Railway corridor and the Enbridge Pipeline. East: Across Altona Road, two detached dwellings fronting onto Altona Road and a woodlot at the northeast corner of Altona Road and Finch Avenue. Further east is a residential development consisting of detached dwellings fronting onto Mapleview Court. South: At the southwest corner of Finch Avenue and Altona Road is a residential common element condominium development consisting of 23 3 -storey townhouses and a residential subdivision consisting of semi-detached dwellings fronting Shadow Place. 3. Applicant's Proposal The applicant is proposing a residential common element condominium development consisting of 40 semi-detached dwellings and 69 townhouse units accessed through an internal private road (see Submitted Conceptual Site Plan, Attachment #3). The conceptual plan illustrates five rear lane townhouse blocks (Blocks 1 to 5), consisting of 35 units, fronting Finch Avenue and Altona Road with parking at the rear of the dwelling units along with a decked amenity space above the garage. The remaining five townhouse blocks (Blocks 6 to 10), consisting of 34 units, and 40 semi-detached units, will have parking at the front of the dwelling units and each unit will have a private rear yard amenity area. All of the townhouse units are proposed to be 3 storeys in height (approximately 11.5 metres), and the semi-detached dwellings will be 2 storeys in height (approximately 9.5 metres). The rear lane townhouse units fronting Altona Road and Finch Avenue will have a minimum width of 4.6 metres. The townhouse units with frontage along the private road will have a minimum width of 5.5 metres, and the semi-detached lots will have a minimum lot frontage of 6.3 metres. Vehicular access to the internal private road will be provided through a full -moves access from Finch Avenue. Resident parking is provided at a ratio of two parking spaces per dwelling unit (one parking space within a private garage and one space on the driveway). Visitor parking is provided at a rate of 0.25 spaces per unit for a total of 27 parking spaces. The conceptual plan also provides for two outdoor amenity areas. One outdoor amenity area is located between townhouse blocks 6 and 7 central to the development area and has an area of approximately 416 square metres. The second outdoor amenity areas is located between townhouse blocks 2 and 3 abutting the intersection of Finch Avenue and Altona Road and has an area of approximately 300 square metes, which will act as a gateway to the development from the abutting street network. Information Report No. 08-18 Page 3 The applicant has submitted an application for an Official Plan Amendment to re -designate the subject lands from "Low Density Area" to "Medium Density Area" and a Zoning By-law Amendment application to rezone the subject lands to an appropriate residential zone category to facilitate the proposal. The applicant has also submitted an application for a Draft Plan of Subdivision to create a single block (see Submitted Draft Plan of Subdivision #4). This is a technical requirement to allow the applicant to create the privately owned parcels through a process called "lifting part lot control". The applicant has also submitted an application for Draft Plan of Condominium (see Submitted Draft Plan of Condominium #5) to permit a comment element condominium. The common element features include the internal private roads, internal sidewalks, visitor parking areas, outdoor amenity areas, community mailboxes and water meter room. The development will be subject to site plan approval. 4. Policy Framework 4A Durham Regional Official Plan The Regional Official Plan designates the subject lands as "Living Areas". The "Living Areas" designation shall be used predominately for housing purposes. The plan also states that lands within the Living Area designation shall be developed in compact urban form through higher densities and by intensifying and redeveloping existing areas, particularly along an arterial road. Altona Road and Finch Avenue, east of Altona Road, are designated as Type `B' Arterial Roads. Type 'B' Arterial Roads generally have a right-of-way width ranging from 36 to 50 metres. The proposal generally conforms to the Durham Regional Official Plan. 4.2 Pickering Official Plan The subject lands are located within the Rouge Park Neighbourhood and are designated "Urban Residential Areas — Low Density Area" which provides for housing and related uses. This designation permits a net residential density of up to and including 30 units per net hectare. The applicant's proposal illustrates a density of approximately 49.5 units per net hectare and therefore an Official Plan Amendment is required to redesignate the subject lands from "Low Density Residential" to "Medium Density Area" designation in order to facilitate the proposal. Lands immediately west and north of the subject lands are designated "Open Space System — Natural Area" as shown in Official Plan Amendment 27 (OPA 27) (Environment and Countryside policies), which came into effect on December 20, 2017. The Natural Area land use designation is further identified in OPA 27 as "Significant Woodlands, Rouge-Duffins Wildlife Corridor" and "significant valley lands and stream corridors" (Petticoat Creek). An Environmental Impact Study is required for proposals within 120 metres of a natural heritage or hydrologic feature and specifies and requires a minimum vegetation protection zones in the feature. 15 Information Report No. 08-18 Page 4 The Rouge Park Neighbourhood Policies: discourage reverse frontages, berms and significant noise attenuation fencing adjacent to Finch Avenue and Altona Road; require new developments to have regard for the Rouge Park Management Plan; and encourage the retention of environmentally sensitive lands. The Rouge Park Neighbourhood Map identifies a proposed separate elementary school symbol and a proposed park symbol partially within the subject lands. 4.5 Rouge Park Neighbourhood Development Guidelines The Rouge Park Neighbourhood Development Guidelines establish goals to ensure lands are developed in a cohesive, well-designed neighbourhood. In review of development proposals, the following broad goals of the guidelines are to be considered: • develop strong visual and physical relationship with Finch Avenue • maintain visual and physical connections with surrounding natural areas • through high quality building, landscape design and the provisions of a mix of uses, the intersection of Finch Avenue and Altona Road will be the central focus of the Neighbhourhood • residential areas are to feature a variety of housing types of high-quality design arranged on efficient street patterns The four corners of the intersection of Altona Road and Finch Avenue are identified as a "neighbhourhood focus", which require a strong presence at this intersection to define the area as a centre. This can be accomplished by building close to the street, providing outdoor public space (squares, plazas), and the use of hard and soft landscaping. In reviewing development proposals in this area, the Guidelines require the following: • building heights will preferably range from 8.5 metres to 15.0 metres in height (generally 3 to 5 storeys) • access to the blocks of land at the four corners of the Altona Road and Finch Avenue intersection will be dependent on the type of uses proposed and residential development will be encouraged to make use of new, internal roads The Rouge Park Neighbourhood Tertiary Plan identifies a proposed separate elementary school symbol and a proposed park symbol partially within the subject lands. The City has previously received written confirmation from the Durham Catholic District School board that a separate elementary school is no longer needed at this location. The Guidelines state that the location of symbols on the Tertiary Plan will be further refined through the review and approval of development applications. The applicant's proposal will be reviewed in detail to ensure compliance with the requirements of the Rouge Park Neighbourhood Development Guidelines and the Design Guidelines. 16 Information Report No. 08-18 Page 5 4.6 Potential Heritage Home The Rouge Park Neighbourhood Development Tertiary Plan identifies a potential heritage home located northwest of the subject lands. The lands immediately to the north and west are within the Petticoat Creek watershed and are to be transferred from Infrastructure Ontario (10) to Toronto and Region Conservation Authority (TRCA). 10 has advised they will be undertaking a Heritage Impact Assessment (HIA) to determine if there are any possible solutions to move the building either on-site or off-site. If no viable options are found, 10 proposes to demolish the building. Furthermore, the building is currently located outside of the floodplain, but within areas of "spill over" from Petticoat Creek. In order to flood proof the proposed development, Icon Homes is proposing to build up the north boundary in order to redirect overland flows westerly towards Petticoat Creek, and as a result, making the building inhabitable. To determine whether the existing building has any cultural heritage value, the City has retained Branch Architecture, Heritage consultants, to prepare a Cultural Heritage Evaluation. Based on the consultant's findings, the property was found to have cultural heritage value related to its context, associations and architecture: • It was determined that the house is a very intact example of a rural stone farmhouse built in the 1850s. • The house exhibits a fine degree of craftsmanship as seen in the composition and construction of the main entrance, the wood cornices and eaves as well as the quality of the masonry, in particular the finer treatment of the front facade. • The house has direct association with earlier settlers: Thomas Barnard, a farmer and Councillor closely tied to the Wesleyan Church community in Cherrywood; John Pearce, a farmer and mason local to Cherrywood; and John Henderson, a farmer and local school trustee. • The house has contextual value related to the village of Cherrywood as found in the direct historical associations of residents with the village and its Wesleyan Church and supporting the agricultural traditions of the area. Given the findings of the Cultural Heritage Evaluation, and that this property merits listing or designation under Part IV of the Ontario Heritage Act, staff will continue to consult with 10, Icon Homes and the Heritage Pickering Advisory Committee to review theoptions for this building and explore opportunities for relocation and/or salvage of materials. 4.7 Zoning By-law 3036 The subject lands are currently zoned "A" — Rural Agricultural Zone within Zoning By-law 3036, as amended, which permits a detached dwelling, home occupation, agricultural and related uses, recreational and limited institutional uses. The applicant is requesting to rezone the subject lands to appropriate zone categories with site-specific performance standards to facilitate the proposal. 17 18 Information Report No. 08-18 Page 6 5. Comments Received 5.1 Resident Comments As of writing of this report, no comments or concerns have been received. 5.2 Agency Comments 5.2.1 Region of Durham • lands are designated "Living Areas" in the Durham Regional Official Plan (ROP) • there are key natural heritage and hydrologic features located in proximity to the subject site • subject to receipt of comments from the TRCA that confirm the boundary of the key natural heritage features as determined through the EIS, the proposed medium density development would conform to the ROP as it supports infill development within the Pickering urban area and incorporates a medium density residential built form, implementing the intensification policies of the ROP • the submitted Stage 1 and Stage 2 Archeological Assessment report confirmed that the subject site does not contain archeological resources and no further archeological assessment will be required • the Region will require that the Ministry of Tourism, Culture and Sport (MTCS) to review and approve the submitted archeological report, and require MTCS's clearance letter advising that all archaeological requirements have been met to its satisfaction • the Region will rely on the TRCA to evaluate the appropriateness of the Environmental Impact Study's recommendations and proposed mitigation measures • an updated Noise and Vibration Impact Study shall be provided to the Region • the submitted Phase One and Phase Two Environmental Site Assessment reports were submitted and the Phase Two report concludes that the all soil and groundwater samples met the Ministry of the Environment and Climate Change and that no further environmental investigation is required • municipal water supply can be provided from the existing watermain on Finch Avenue and sanitary sewer servicing is available from the existing sanitary sewer on Finch Avenue • a Waste Management Plan shall be completed if municipal service is requested • if the development does not meet the Region's Guidelines and Standards for waste collection on private property, then the applicant will be responsible for retaining private waste collections services 5.2.2 Toronto and Region Conservation Authority (TRCA) • the subject lands are located within a TRCA Regulated Area of the Petticoat Creek Watershed and located within a spill zone of the Regional Storm Floodplain • TRCA previously reviewed and accepted the floodplain analysis which included evaluating the floodplain spill and ensuring adequate flood proofing • the applicant is required to update the submitted Environmental Impact Study to show required buffers to key natural heritage features on and adjacent to the lands as per the Living City Policies, Durham Regional Official Plan and OPA 27 Information Report No. 08-18 Page 7 • TRCA recognizes that the development limits were established through a review of an Infrastructure Ontario Environmental Assessment for the disposition of the subject properties; however, since that time, Official Plan and TRCA policies have been updated and TRCA is prepared. to discuss off-site mitigation measures to address this • the applicant must clearly identify the net Toss of buffer area proposed and any loss of natural feature such as the small wetland and seepage area the proposed planting of a berm that is required for flood proofing as mitigation for the net loss of features due to the proposed storage tank (Blocks 3 and 6) and reduced buffer area (Semi-detached lots 1 to 5 and lots 36 to 40) does not provide an adequate ecological gain for the surrounding natural features; the applicant is required to provide calculations of net loss and identify mitigation either onsite or on the surrounding lands • the applicant is required to provide a restoration drawing with plant specifies, quantities and spacing for the feature area •. the applicant is required to provide any trail connections as per the Rouge Park Neighbhourhood Plan • the subject lands are located in a Low Volume Groundwater Recharge Area and best efforts to maintain recharge are expected; a water budget assessment should be prepared to qualify the recharge to assess whether a best effort has been made to maintain recharge • the lands are located within a spill zone of the Regional Storm Floodplain and infrastructure improvements are required prior to the filling of the site 5.2.3 Durham District School Board • no objections to the proposed development • students generated from this development will attend existing neighbourhood schools 5.2.4 Durham Catholic District School Board • no objections to the proposed development • students from this development will attend St. Monica Catholic Elementary School located at 275 Twyn Rivers Drive and St. Mary Catholic Secondary School located at 1918 Whites Road 5.2.5 Canadian Pacific Railway (CPR) the development is located in close proximity to the Belleville Subdivision, which is classified as a principal main line • CPR requests that the recommended noise reduction and attenuation measures in the Noise Report be implemented as conditions of draft plan approval • dwellings must be constructed such that the interior noise levels meet MOE criteria • CPR requests a clause be inserted in all offers of purchase/leaseagreements advising potential purchasers: of the existence of the Railway's operating right-of-way; of the possibility of alterations to the Railway line including Railway expansion; and that expansions may affect the living environment of residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units and that the Railway will not be responsible for complains or claims arising from the use of its facilities and or operations 19 Information Report No. 08-18 Page 8 5.3 City Department Comments 5.3.1 Engineering Services • the owner shall satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, street lights, fencing and tree planting, and financially secure such works • the owner shall satisfy the City respecting submission and approval of a Construction Management/Erosion & Sediment Control Plan • cost recovery is required for the Rouge Park Neighbourhood Study, the Stormwater Management Pond and storm sewer oversizing • Finch Avenue and Altona Road are to be urbanized and sidewalks for the north side of Finch Avenue and the west side of Altona Road are required • the applicant is required to connect walkways within the development and the amenity space to the municipal sidewalks • the applicant is required to revise the Traffic Impact Study to provide a review of the left and right turn lane requirements and sightline distance review at the proposed access • tree compensation shall be provided for the removal of all trees as required under the City of Pickering Inventory, Preservation and Removal Compensation Policy 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and other identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant prior to a final recommendation report to Planning & Development Committee: • ensuring conformity with the City's Official Plan and Neighbourhood policies and Development Guidelines • assessing the appropriateness of redesignating the subject lands to Medium Density Residential • exploring opportunities for potential relocation of the heritage home or the salvage of materials • evaluating the appropriateness of the proposed site layout, building setbacks, massing and landscaping to ensure the City's urban design objectives are achieved • evaluating the location, size and functionality of the proposed outdoor amenity areas • given that the Durham Catholic District School Board has advised that there is no longer an elementary school needed at this location, staff will evaluate and determine the need for a proposed park in the north west quadrant of the neighbourhood • ensuring that the required buffers and off-site mitigation measures are to the satisfaction of the Toronto and Region Conservation Area • ensuring the landowner pays its proportionate share of the cost of the Rouge Park Neighbourhood Study and the cost of the stormwater management pond • ensuring that the required technical submissions and reports meet City standards • further issues may be identified following receipt and review of comments from the circulated departments, agencies and public 20 Information Report No. 08-18 Page 9 The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated department, agencies and public. 7 Information Received Copies of the plans and studies listed below are available for viewing on the City's website at pickering.ca/devapp or in person at the offices of the City of Pickering, City Development Department: • Planning Rationale Report, prepared by Candevcon Limited, dated January 2018 • Stage 1 & 2 Archaeological Assessment, prepared by Archaeologist Inc., dated November 2017 • Environmental Impact Study, prepared by Savanta, dated January 2018 • Hydrogeological Investigation, prepared by Soil Engineers Limited, dated January 2018 • Traffic Impact Study, prepared by Candevcon Limited, dated January 2018 • Geotechnical Investigation, prepared by Soil Engineers Limited, dated March 2017 • Phase 1 and Phase 2 ESA, prepared by Soil Engineers Limited, dated January 2018 • Functional Serving and Stormwater Management Report, prepared by Candevcon Limited, dated December 2017 • Noise and Vibration Report, prepared by J. E. Coulter Associates Limited, dated December 2017 • Flood Study, prepared by Candevcon Limited, April 2017 • Vegetation Management Plan, prepared by Adesso Design Inc., dated December 2017 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public. Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 8.2 Official Plan Amendment Approval Authority • the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest • the Region has determined that this application is considered to have no significant Regional or Provincial concerns and therefore exempted from Regional approval • Council will make the final decision subject to the appeal provisions of the Planning Act 21 Information Report No. 08-18 Page 10 9. Owner/Applicant Information The owner of this property is Icon Forest District Limited. Attachments 1. Location Map 2. Air Photo Map 3. Submitted Conceptual Site Plan 4. Submitted Draft Plan of Subdivision 5. Submitted Draft Plan of Condominium Prepared By: Cristina C-Iebre, MCIP, RPP Principal anner,, Development Review Chief Planner Approved/Endorsed By: Catherine Rose, MCIP, RPP Nilesh F i, CIPLRPP Manager, Development Review & Urban Design CC:Id Date of Report: May 29, 2018 22 Attachment # / to Information Report# 08 -IS Petticoat Creek Proposed — ------- Heritage Home Subject ..- Lands 74••4••••••4'VVi•• ••••••,''�vv'v•'v �! i•i•i•i•i•i•i•i•i•i•i•i•i•i4 ,a•& ai4i��•i•i••i•i iI Finch a venue 0 a 0 0 m ""t 0 m c 0 a it Petticoat Creek C 4 Location Map File: OPA 18-001/P, A 02/18, SP -2018-02, and CP -2018-01 PICKERING City Development Department Applicant: Icon Forest District Limited Property Description: Pt. of Lt. 33, Con. 2, Pt. 1, 40R-2582, Pt. 1, 40R-10888, Pts. 3, 6, 7 and 14, Plan 40R-29767 Date: May. 25, 2018 P The Corner.. of the City of Prekenng Produced pn pan) under license from .Queen Porter. Ortano M ashy of Natural Resovices. All rights reserved.sO Her Majesty the Queen In Right of Canada, Depanmart of Natural Resources. Al tights reserved.; DTeranel Entemdses Inc. and its suppgors an rights reserved.;® MuNdpal Property Assessment Corporation and Rs suppeers all rigida reserved.; SCALE: 1:.57,000 THIS IS NOT A PIAN OF SURVEY. 2 3 Attachment# to infrjmatiop Report Subject Lands Finch Ave _ m � �M • slr la" ii sem' 4 PICKERING City Development Department Air Photo Map File: OPA 18-0011P, A 02/18, SP -2018-02, and CP -2018-01 Applicant: Icon Forest District Limited Property Description: Pt. of Lt. 33, Con. 2, Pt. 1, 40R-2582, Pt. 1, 40R-10888, Pts. 3, 8 7 and 14, Plan 40R-29707 TM Golpaabhofal Iha Clly P:Owing Mcduc.J On pull u1Nf Ir Ilan,• Rom: 09w•n PW•r, Wl,An 1NHMryaI4flural Unmet. lUIrLM• nlnn,d„O Ila M+p•ly IM Gw.n1n PHM M C,n,d., p,p.RmaiMle,Iu•I Nr.,y.. M,IMN. n., .d 7. Fara MU. pnos Ino. and 111 wlppn .l M M, n,.n. J ;011uNUp,t Prop.lty An„Ilnll Carp .n4 a„m IIf npp1,n,I l h,n..nud; Date: May. 25, 2018 SCALE: 1:5,000 vire 16 Hot AP4l111 Uf,IURVEY, I_ 4111111111. 1 11 1 gli.r 'trrr irrr'�a � .. � Ali 'v. ai'� no 1 r i qtr Ake ■ APi ErO °rare e' al .°11A11' !^ i° CEl f0 a/0,AG &6701 r6 t0x0a6.001 &C{r. v 700.*4+10Vef d'OO: e o . 1 - eITel3 0. WKS aLeen 1 T n_ -1-Y1__,• 0 i 0 ! I" en;�i' rawf+reowrad=cc ra.rle+ar.�?pq rcwn+6eu; ecx+rr �- AP Eri+; ` ,'��P'°�J1�� ewers Lrecc a2 ®,�► fO+Rn+WffAOCe s I i rovmmouS�"Lao:+ _ ro.NrroV1&COcXJ E0? to / vat 40 _.tea _ 0 f�f9 �� -_ � i� � a q a ICI -,O .-r...`r.orwo� a c LEGEND semi-detached units rrMru evrMrfc [1 townhouse units ' Q x a 0 T 04 4 PICKERING City Development Department Submitted Conceptual Plan File No: CPA 18.0011P, A 02/18, SP -2018-02, and CP -2018-01 Applicant: !con Forest District Limited Property Description: Pt. of Lt. 33, Con. 2, Pt. 1, 40R-2582, Pt. 1, 40R-10888, Pts, 3, 6, 7 and 14, Plan 40R-29767 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 24, 2018 1 = N71.5588.•• 86.81--- .:^\...• Nlt•11�50'E :nr:___3&6t 171•M48'E 33.81 N7754w Ct44 PICKERING City Development Department P'T N C If A V E 'N U E - - Submitted Draft Plan of Subdivision File No: OPA 18-001/P, A 02/18, SP -2018-02, and CP -2018-01 Applicant: Icon Forest District Limited Property Description: Pt. of Lt. 33, Con. 2, Pt. 1, 40R-2582, Pt. 1, 40R-10888, Pts. 3, 6, 7 and 14, Plan 40R-29767 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 24, 2018 4 4 Submitted Draft Plan of Condominium File No: OPA 18-001/R A 02/18, SP -2018-02, and CP -2018-01 Applicant: Icon Forest District Limited Property Description: Pt. of Lt. 33, Con. 2, Pt. 1, 40R-2582, Pt. 1, 40R-10888, Pts. 3, 6, 7 and 14, Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. o 3 o CD 3 r^ � v\ DICKERING Cdp Information Report to Planning & Development Committee Report Number: 09-18 Date: June 18, 2018 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Draft Plan of Subdivision Application SP -2018-03 Metropia (Notion Road) Development Inc. South side of Pickering Parkway, west of Notion Road (1842 and 1856 Notion Road) Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision, submitted by Metropia (Notion Road) Development Inc., to permit a residential condominium development in the Village East Neighbourhood. This report contains general information on the applicable Official Plan, Zoning By-law and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the applications, ask questions of clarification and identify any planning issues. This report is for information and no decision on these applications are being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The subject lands are located at the southwest corner of Pickering Parkway and Notion Road within the Village East Neighbourhood (see Location Map, Attachment #1). The lands have a total area of approximately 3.64 hectares with approximately 398 metres of frontage along Pickering Parkway and approximately 91 metres of frontage along Notion Road. Currently the property is vacant. The site has been disturbed by clearing and filling activities. Most of the subject lands consist of overgrown vegetation. The eastern portion of the site has a man-made pond area, which has been overgrown with non-native vegetation, and a wetland area of approximately 0.37 of a hectare has been identified on the subject lands (see Air Photo Map, Attachment #2). 28 Information Report No. 09-18 Page 2 The surrounding land uses include: North: Across Pickering Parkway is a low density residential neighbourhood consisting of detached homes, and a vacant parcel of land between Marshcourt Drive and Notion Road for which the City has received two separate development proposals for a future commercial development fronting onto Notion Road and 9 lots for detached dwellings fronting onto Marshcourt Drive. East: Across Notion Road, in the Town of Ajax, is the St. Francis de Sales Catholic Cemetery; an industrial area with outdoor aggregate storage facilities; motor vehicle repair and towing businesses; and recycling services. South & Immediately to the south and west is the Shops at Pickering Ridge shopping West: centre and Blue Sky supermarket, and further south is Highway 401 and the Metrolinx/CN railway corridor. 3. Applicant's Proposal The applicant, Metropia (Notion Road) Development Inc., has submitted applications for official plan amendment, zoning by-law amendment, and draft plan of subdivision to facilitate a residential common element condominium development. The Draft Plan of Subdivision proposes 1 block for residential use, 1 block for open space/parkland and 1 block for a road widening along Pickering Parkway (see Submitted Draft Plan of Subdivision, Attachment #3). Within the residential block, the application is proposing a total of 224 dwelling units consisting of 64 townhouses and 160 back-to-back townhouses (see Submitted Concept Plan, Attachment #4). The applicant is proposing 3 different types of 3 -storey townhouses including 5.5 metre wide street townhouse units, and 6.1 metre and 6.8 metre wide back-to-back townhouse units (see Submitted Front and Rear Building Elevations, Attachments #5 and #6). Primary vehicular access to the development is proposed from Pickering Parkway opposite Beechlawn Drive. A secondary fire access is proposed at the south side of the property connecting to the adjacent commercial parking lot. The internal vehicular and pedestrian circulation consist of a private roadway network having a width of 6.1 metres and 1.5 metre wide pedestrian walkways lining one side of the internal private road system. Pedestrian connections are also provided to the existing transit stops along Pickering Parkway and the intersection of Pickering Parkway and Beechlawn Drive. Two parking spaces (one in a private garage and one in the driveway) will be provided for each dwelling units. Access to the private garages will be from the private road network. Visitor parking spaces are provided at a ratio of 0.19 spaces per unit for a total of 42 spaces at various areas throughout the development. A Low Impact Development (LID) stormwater management tool consisting of permeable materials are proposed for the visitor parking spaces. 29 Information Report No. 09-18 Page 3 The proposed Open Space/Park block, having an area of 0.49 of a hectare, is located at the easterly most area of the subject lands with frontage along Pickering Parkway and Notion Road. This block is proposed to be conveyed to the City of Pickering for parkland dedication. The north portion of the Open Space/Park block is proposed to be programmed with active and passive recreational features including walkways, seating, and play area. The south portion is proposed to accommodate a regional flood plain spillway (see Submitted Park Conceptual Plan, Attachment #7). The applicant is proposing to recreate a wetland on the adjacent commercial property owned by Pickering -Brock Centre Inc. immediately south of the Open Space/Park block as compensation for the loss of a wetland on the subject lands (see Submitted Concept Plan, Attachment #4). The land area associated with the wetland is proposed to be conveyed to public ownership as floodplain and natural heritage system. The applicant is required to submit a Draft Plan of Condominium Application in the future t6 facilitate a common element condominium development. Based on the submitted concept plan, the possible common element features may include, but are not limited to, the internal private road, the visitor parking areas, community mailboxes, pedestrian walkways and the water meter room. The applicant will create the privately owned townhouse parcels through a process called "lifting part lot control". The proposed development will be subject to site plan approval. 4. Policy Framework 4.1 Durham Regional Official Plan The subject lands are designated as "Living Areas" in the Durham Regional Official Plan. Lands within this designation are predominately intended for housing purposes. In addition, limited office development and limited retailing of goods and services, in appropriate locations, as components of mixed use developments, are permitted. In the consideration of development proposals, regard shall be had to achieving a compact urban form, including intensive residential, office, retail and service, and mixed uses along arterial roads, in conjunction with present and potential transit facilities. Portions of the subject lands are identified as containing a "Key Natural Heritage and Hydrologic Features" requiring that any proposal for development or site alteration shall demonstrate that there will be no negative effects on key natural heritage or hydrologic features of their functions. The subject property abuts Pickering Parkway and Notion Road, which are both designated as Type 'C' Arterial Roads. Type 'C' Arterial Roads are designed to carry large volumes of traffic at moderate to high speeds, have some access restrictions and generally have a right-of-way width ranging from 26 to 30 metres. The applications will be assessed against the policies and provisions of the Regional Official Plan during the further processing of the applications and determine whether the Official Plan Amendment warrants exemption for Regional Approval. 30 Information Report No. 09-18 Page 4 4.2 Pickering Official Plan The subject lands are within the Village East Neighbourhood and are designated "Mixed Use Areas — Specialty Retailing Node". In addition to hotels, special purpose commercial uses such as large format food stores and large format discount stores, limited offices, and community, cultural and recreational uses, this designation also permits limited residential development at higher densities as an integral part of the overall development scheme. The "Mixed Use Areas — Specialty Retailing Node" designation permits a maximum net residential density of over 80 and up to and including 180 units per net hectare, and a maximum floor space index (FSI) is up to and including 2.5 FSI. The applicant has submitted an application for Official Plan Amendment to reduce the minimum net residential density to 70 units per net hectare to facilitate the proposed residential condominium development. The Official Plan identifies a potential Underpass/Overpass connecting Notion Road with Squires Beach Road south of Highway 401. The City of Pickering and Pickering Developments Inc. are undertaking a Municipal Class Environmental Assessment (EA) for a new Highway 401/CN Railway crossing to connect Notion Road to Squires Beach Road. The EA is expected to commence late June or early July 2018. A small portion of the subject lands in the vicinity of Pickering Parkway is indicated as Shorelines and Stream Corridors in the Official Plan. In addition, Pickering Parkway is the south limit of the Flood Plain Special Policy Area. Specifically, the Toronto and Region Conservation Authority (TRCA) has identified the subject lands as being within the spill area of the Regional Storm Floodplain associated with the Duffins Creek. TRCA has also noted that in 2017 a wetland area of approximately 0.37 of a hectare was identified on the subject lands. Details of the applications will be assessed against the policies and provisions of the Official Plan during the further processing of the applications. 4.3 Specialty Retailing Node Development Guidelines In 1999, Council adopted the Specialty Retailing Node Development Guidelines for lands at the northeast corner of the Highway 401/Brock Road interchange which includes the subject lands. The Specialty Retailing Node Development Guidelines establish guiding principles to assist Council in the review of development proposals and the preparation of zoning by-laws in this area. However, these Guidelines focused on commercial development. A City initiated study is underway that will identify a new vision and strategy for redevelopment and residential intensification of the Kingston Road Corridor and the Specialty Retailing Node. Upon completion of the Study in 2019, revisions to the Specialty Retailing Node Development Guidelines will be considered. The applicant's proposal will be reviewed in detail to ensure compliance with the relevant principles of the Specialty Retailing Node Development Guidelines. 31 3.2 Information Report No. 09-18 Page 5 4.4. Zoning By-law 3036 The majority of the westerly portion of the subject lands are zoned, "MU -SRN -1" — Mixed Use Specialty Retailing Node One while the easterly portion of the lands are zoned "MU -SRN -1 (H)" — Mixed Use Specialty Retailing Node One — (Holding) within Zoning By-law 3036, as amended. Uses permitted by the MU -SRN -1 zone category include a variety of commercial uses, office, restaurant, hotel, financial institution, assembly hall, and place of amusement or entertainment. The "(H)" Holding provision restricts the easterly most portion of the subject lands, approximately 0.5 of a hectare, for stormwater management purposes until the "(H)" Holding provision is lifted. The requirements to lift the "(H)" Holding provision include: • The making of appropriate arrangements to the satisfaction of the City for the conveyance of lands to the City for the widening of Notion Road for the construction of a Highway 401 overpass, and • The making of appropriate arrangements to the satisfaction of the TRCA and the City for the future management of the Regional Storm flood volumes in the absence of a stormwater facility. Upon removal of the "(H)" Holding provision, the easterly portion of the subject lands may be used for a variety of mixed use specialty retail. The applicant has requested that the subject lands be rezoned to appropriate residential and open space zone categories in order to facilitate the proposed residential common element condominium and park. 5. Comments Received 5.1 Public Comments Nikolas Papapetrou of SmartCentres, owner of the shopping centre north of Pickering Parkway, and Anthony Rossi, representative of CoCo Paving, owner of industrial lands to the east in the Town of Ajax, have requested to be added to the notification list for the subject proposal. 5.1 May 22, 2018 Open House, and Written Comments An Open House meeting was held on May 22, 2018 at the Pickering Recreation Complex, East Salon to allow area residents an opportunity to learn about the proposal, as well as review and comment on the plans that the applicant has submitted. Two households were represented at the meeting. The following is a summary of key concerns and comments that were verbally expressed by area residents at the meeting and written submissions received: • commented that the proposal to build townhouses on the vacant parcel is supported as the property has not been maintained and has become an eyesore • concerned that the proposed development will led to increased traffic using Pickering Parkway worsening the already difficult vehicle turns onto Pickering Parkway from Marshcourt Drive and Beechlawn Drive • concerned that traffic from the shopping centre to the south of the proposed development will increase the traffic using the intersection of Beechlawn Drive and Pickering Parkway, and questioned whether this intersection should be signalized Information Report No. 09-18 Page 6 5.2 Agency Comments Region of Durham • as of the writing of this report, only the following preliminary comments and concerns have been received • a minimum lane width of 6.5 metres and a minimum curve radii of 13.0 metres is required to accommodate municipal waste collection • the submitted Land Use Compatibility Assessment, prepared by Novus Environmental, dated January 16, 2018, is required to be peer reviewed at the applicant's expense Toronto and Region Conservation Authority (TRCA) • no objection to the approval of the Official Plan and Zoning By-law Amendment applications in principal subject to the Open Space/Park block and the lands to be restored as wetland habitat being designated and zoned as open space that has the effect of prohibiting development other than that for parkland, natural restoration or`flood control purposes • request that the Open Space/Park block and the lands to be restored as wetland habitat be conveyed to public ownership as floodplain and natural heritage system • TRCA will be in a position to issue conditions of draft plan of subdivision upon satisfactory response to specific technical comments • other technical comments can be dealt with at the detailed design and. permitting stage Metrolinx • no objection to the proposal • warning clauses regarding future alterations and expansions of the rail facilities are to be inserted in all development lease/rental agreements • the warning clauses are to indicate that the living environment of the residents may be affected notwithstanding any noise and vibration attenuating measures in the design of the development and individual dwellings • as a condition of approval, the Owner shall grant environmental easements in favour of Metrolinx for operational emissions, registered on title against the proposed residential buildings Durham District School Board • no objection to the development proposal • approximately 100 elementary students could be generated from the proposed development and it is intended that the pupils attend existing schools Durham Catholic District School Board • no objection to the development proposal • students generated from the proposed development will attend St. Monica Catholic Elementary School located at 275 Twyn Rivers Drive and St. Mary Catholic Secondary School located. at 1918 Whites Road 33 Information Report No. 09-18 Page 7 5.3 City Department Comments 5.3.1 Engineering Services The following is a summary of key concerns identified by Engineering Services: • the Owner shall satisfy the City respecting: • all requirements, financial and otherwise, of the City, including the execution of a Subdivision Agreement between the Owner and the City concerning the provision and installation of roads, services, grading, drainage and other local services • the submission of a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements • the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, street lights, fencing and tree planting, and financially secure such works • the submission and approval of a Construction Management/Erosion & Sediment Control Plan • additional lands may be required to accommodate a future crossing of Highway 401 at Notion Road; coordination with the Durham Live consulting team is required • revise the pavement width of internal private streets to a minimum width of 6.5 metres • a cross -use easement will be required for internal connectivity to the abutting commercial site to the south • the proposed 1.9 metre wide sidewalk is to be offset 0.9 of a metre from the property line along Pickering Parkway • discrepancies regarding design approaches, data and calculations were found between the Stormwater Management Report, and the Functional Servicing and the Stormwater Management Report (FSSR) are to be addressed • additional details addressing how the terraced retaining wall proposed along Pickering Parkway will be accommodated are required • landscape buffers of a minimum width of 2.0 metres along the south and west lot lines adjacent to the existing commercial plaza, and tree planting within the buffers at maximum spacing of 9.0 metres are required • increase building setbacks/landscape areas at the front of the dwelling units front the private road and Pickering Parkway is required to ensure sufficient area for trees to grow and thrive • the proposed park should front onto, and be open and visible to the proposed development providing a safer and more accessible space for future residents and the existing community • provide a sightline review and traffic signal warrant calculations for the primary site access proposed at Pickering Parkway and Beechlawn Drive • the submitted Traffic Impact Study is to be revised addressing the details of the future Notion Road underpass/overpass of Highway 401 34 Information Report No. 09-18 Page 8 • the Duffins Creek Floodplain Mapping identifies a portion of the subject site within the area vulnerable to flooding during the Regulatory Storm event (Hurricane Hazel); the riparian storage strategy indicates that the proposed development will be elevated to eliminate the flood risk and the Open Space/Park Block will be graded to provide a regional control dry pond; the City does not accept regional control ponds in City ownership; however, given the unique site specifics the City will accept the proposed strategy, subject to City's design requirements and provided that the proponent can demonstrate availability of the required storage in the Open Space/Park Block • redesign of the stormwater retention area is required utilizing a maximum of 3:1 slope and a 1.2 metre fence at the top of the 3:1 slope as per City of Pickering Standard P-820 • retaining walls must be pre -cast concrete and constructed entirely on the subject property; a 1.2 metre high safety fence will be required on any retaining walls exceeding 1.0 metres in height; walls over 1.0 metres high must be designed by a Professional Engineer • revisions are required to the design of the proposed dry pond as retaining walls are not permitted within dry ponds; reference is to be made to Section 5.4.3 in the City's Stormwater Management Design Guidelines a functional design of the proposed Low Impact Development (LID) measures is required to confirm feasibility of the proposed strategy • a Stormwater Management Report which outlines a detailed design for the proposed development is required at the detailed design stage, the submitted FSSR is sufficient for the applications for Official Plan Amendment, Draft Plan of Subdivision and Zoning By-law Amendment 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and other identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant prior to a final recommendation report to Planning & Development Committee. 6.1 Conformity with Provincial, Regional and Local land use policies • assessing whether the proposal is in conformity with the policies of the Regional Official Plan and Provincial Plans • ensuring conformity with the City's Official Plan and Village East Neighbourhood policies, and the pertinent principals of the Specialty Retailing Node Development Guidelines • assessing whether approval of the proposal is premature until preferred options are prepared through the EA process for the future Notion Road overpass/underpass, and whether any additional lands are required to facilitate the construction of the overpass/underpass • assessing the conclusions of the land use compatibility study and the compatibility of the proposed residential use with the heavy industrial uses on the east side of Notion Road in the Town of Ajax • assessing the appropriateness of reducing the minimum net residential density on the subject lands in the context of the Kingston Road Corridor and the Specialty Retailing Node study currently undertaken by the City 35 36 Information Report No. 09-18 Page 9 6.2 Open Space/Park Block and Wetlands • determining whether the proposed open space/park block, which includes the park and and regional flood spillway, and the recreated wetland should be conveyed into public ownership (and if so, to whom) or remains in private ownership • determining whether the land area dedicated for park purposes is appropriately sized to accommodate play structures in accordance with municipal standards • improving the visibility and accessibility of the proposed park block from Pickering Parkway and from the proposed development • requiring written confirmation from the abutting landowner to the south, Pickering -Brock Centre Inc., allowing the recreation of a wetland on their lands as compensation for the loss of a wetland on the subject lands, and acknowledging that the lands associated with the wetlands will be rezoned to an Open Space zone category • determining whether the TRCA will accept the recreated wetland as compensation for the loss of a wetland on the subject lands if the recreated wetland remains in private ownership and is not conveyed into public ownership 6.3 Site design matters • reviewing site design matters to ensure that the subject lands are not over developed, including but limited to: requiring a private road to have a minimum width of 6.5 metres • requiring adequate building setbacks from Pickering Parkway and internal private roads to enable suitable areas for soft landscaping and sufficient soil for trees to grow and flourish • requiring an adequate landscape buffer abutting the commercial plaza along the south and west property lines for screening and soft landscaping • requiring north -south mid -block pedestrian connections to Pickering Parkway for convenient pedestrian circulation • evaluating whether a secondary vehicular access point should be provided from Pickering Parkway • evaluating the appropriateness of providing a secondary fire access on the south side of the property connecting to the commercial parking lot • evaluating the design and geometry of the private road network to ensure turning movements can accommodate municipal garbage collections and fire trucks • ensuring that the common spaces proposed are adequate to support snow storage areas, water meter rooms and community mail box areas • requiring visitor parking ratio be provided at a minimum rate of 0.25 spaces per unit 6.4 Other significant matters to be addressed by the applicant • ensuring that Engineering Services comments, (as referenced in Section 5.3.1 of this report, are addressed • ensuring TRCA requirements regarding floodplain and stormwater management are appropriately satisfied • assessing whether any noise attenuation measures/warning clauses are required due to proximity to the heavy industrial uses on the east along Notion Road, the commercial plaza immediately to the south, and the Metrolinx and CN Rail corridors to the south across Highway 401 Information Report No. 09-18 Page 10 • ensuring that the submitted traffic study assumptions are appropriate and satisfactory to Engineering Services and that the traffic study is updated to address traffic signal warrants for the primary site access proposed for Pickering Parkway and Beechlawn Drive The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. 7. Information Received Full scale copies of the plans and studies listed below are available for online viewing at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Archaeological Assessment prepared by Archaeological Assessment Ltd., September 15, 2017 • Concept Site Plan prepared by Cassidy and Company, January 18, 2018 • Draft Plan of Subdivision prepared by Weston Consulting, January 2018 • Elevations - Back to Back Townhouses and Traditional Townhouses prepared by Cassidy and Company, January 2018 Environrnental Impact Study prepared by Beacon Environmental, January 2018 Functional Servicing and Stormwater ManagementReportprepared by GHD, January 2018 • Hydrogeological Investigation prepared by Exp Services Inc., November 9, 2017 • Land Use Compatibility Assessment prepared by Novus Environmental, January 16, 2018 Landscape Plan prepared by Terraplan Landscape Architects, January 2018 • Noise Impact Study prepared by Swallow Acoustic Consultants Ltd., January 16, 2018 • Phase One and Phase Two Environmental Site Assessment prepared by WSP, September 25, 2017, and October 16, 2017, respectively Planning Justification Report prepared by Weston Consulting, dated January 2018 Preliminary Geotechnical Investigation prepared by Exp Services Inc., November 16, 2017 Riparian Storage Volume & Floodplain Context Memo prepared by WSP, updated January 16, 2018 • Stormwater Management Report prepared by WSP, January 18, 2018 Transportation Impact Study prepared by WSP, January 19, 2018 8. Procedural Information 8.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council 37 Information Report No. 09-18 Page 11 • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal or makes a decision on the draft plan of condominium • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 8.2 Regional Approval Authority • the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional andlor Provincial interest • the Region has not yet made a decision on whether the Official Plan Amendment is exempt from Regional approval 9. Owner/Applicant Information The owner of the property is Metropia (Notion Road) Development Inc. and is represented by Ryan Guetter, Weston Consulting. Attachments 1. Location Map 2. Air Photo Map 3. Submitted Draft Plan of Subdivision 4. Submitted Concept Plan 5, Submitted Front and Rear Building Elevation — 5.5 metre wide Street Townhouses 6. Submitted Front Building Elevations — 6.1 metre wide and 6.8 metre wide Back -to -Back Townhouses 7. Submitted Park Conceptual Plan Prepared By: Debo Princ Approved/Endorsed By. h Wyf , MCIP, RPP Catherine Rose, MCIP, RPP al PI nner, Development Review Chief Planner 38 Ni - h Suit , MCIP, RPP Manag-r, Development Review & Urban Design DW:Id Date of Report: June 1, 2018 Attachment #__to InfQrmatinn Rannrt# 09 1 Bainbridge Drive 111111 ImoImo == U 111111111,111/ �lanbury Court 0 -a a) 0111111*11.11° i r— m m. I ere Court Pickering Parkway 0 0 iG wOhmm 101.1 -- MMIM MENEM __ -o (n -- Subject Lands ►..�.�.�.�1.�.�.�.�.�.�.�.�.�.�.�.�.....�.�.�.�.�.�.�.•.• .4 ,•••••••• ••••••••••••••••••••••••••••••••••••••••••••• .• 0••••••••••••••••••••• �����.�.�.�.�.�� .�.�.�.. •, ••.•.•.•.•..•.•.•..•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.••.•.•.., /Pi" Town of Ajax 1.4,0.040 401 Proposed Recreated Wetland -o (t) 0 0 (d a) r0 (n a) 7 0 co Kellino Street Cita 4 Location Map File: OPA 18-02/P, A 03/18 & SP -2018-03 PICKERING City Development Department Applicant: Metropia (Notion Road) Development Inc. Property Description: Part of Lot 17, Concession 1, Now Part Lots 1, 2 and 3, 40R-11413 (1842 & 1856 Notion Road) Date: Jun. 01, 2018 .-...,..,,the City of Pickering Produced (n pan) under license from 0Omers Pnrter, Odd= N,nst/y oINahal nesetaces. Affrights reserved.;® Her /Aajesty the Clue en In RIghl of Canada, Dep artmert of Naha) Resources. AI ngtts reserved; O Teranet Enterprises Inc. and Its suppliers all rights reserved.;® Munlcipal PmpedyAssessmertCorpoationanf its suppers at ,iglu reser d.; SCALE: :5,000 THIS IS NOT APLAN OFSURVEY. 39 Attachment # to Information Report # r Iiiiil_ (i.8 br v a ''rpt!' • -P.`k ^� Es �Ir as ti. 1111111'�i .4.111. ,1,111114 I aim moo ana.-1 rim -ow Nit fan Lvis Q mom it! 'Au. y� Forsi ••1,. 0 Air Photo Map File: OPA 18-02/P, A 03118 & SP -2018-03 o PICKERING City Development Department Applicant: Metropia (Notion Road) Development Inc. Property Description: Part of Lot 17, Concession 1, Now Part Lots 1, 2 and 3 40R-11413 (1842 & 1856 Notion Road) Date: Jun. 01, 2018 DTI. Copan ion or Ihr CkycYPAMnnp Pratkm.10p.M1I uM.fIh.n..f.m•Ca,...!Mahe, f],r.ri. tan.byoal.hrn.1p....[.., iYAO.I....dAH.,MO.00LI. a..nln.lyM Wc.n.d.,Wp.i.nrtu1+.N.1p...v. AMoh.n.Ymd., a011..19NHpA...IM, rntl h,.Ypprin.d flpW.H.Yf..O;•NYfklpd PfOp.dyh.M.H1YHGYrprlrlrbkAp lb.upplvf..IrlYHf fn SCALE:1:5,000.M6; TIII! 19 NOT A p•LAH0P MUMMY, r' PARr 4 — —RCKIMICNING PART Z PLAN 4OP-9779 �..-rar-es�c1 r FOR 26 m H.O.W. PART 4. PLAN 40R-8576 SLK. 3 PART 5, PUN 40R -977P rvn x.',5.0 INI PICKERING PARKWA Y BY BY—LAW NO. 2625/67 AND 211/85 LOT 17 PART f, PLM 40R-29910 BLOCK TOWNHOUSES 214 UNITS 8.1952 ha 9tl.£OT /0 AY EA56161T A8 IR SIS176.0.1ENT NO. ORISIM7 2023 BLOCK2 OPEN SPACEJPARK 0.4847 ha N,0 J 1 f PAR 1\1, PLAN 400- 4J PART 6. I PUN 40P-20f1J 4 CONCESSION 1 OPEN SPACE c4 4 PICKERING City Development Department Submitted Draft Plan of Subdivision File No: OPA 18-002/P, SP 2018-03, A 003/18 Applicant: Metropia (Notion Road) Development Inc. Property Description: Part Lot 17 Concession 1, Now Part Lots 1, 2 and 3 40R11413 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 14, 2018 o� g 3 ® (D 20 u 3 .moi, cro Ss 103 ry. O 1(0(� .1 1 VOSTPIG COMISVICik EXISTING COMMERCIAL SITE ELEMENTS ij PERMEABLE VEHICULAR PAVERS EVSTING COMMERCIAL E DECOROVE VEHICULAR UNIT PAVERS IMPROVED PUBLIC STREETSCAPE 2.0rn sidewalk - Slreet tree plantings RI PARK / OPEN SPACE - Refer in L-100 Ix Park Enlargement Plan PROPOSED WETLAND E DECORATIVE BUFFER / 2.0m HIGH PRIVACY FENCE aj ENHANCED ENTRANCE Piliars I sig nag e walls PICKERING City Development Department Submitted Concept Plan File No: OPA 18-002/F SP 2018-03, A 003/18 Applicant: Metropia (Notion Road) Development Inc. Property Description: Part Lot 17 Concession 1, Now Part Lots 1, 2 and 3 40R11413 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE OM, OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 2, 20113 a!TR'JlF+:—L•��IIRJApq�IA 111111111111l111111111; IfniI11111111IIlllllll - - I1111i01111 11111llilll, T1111 1111 Illl1ill: 111111111111 1111111111 ifilfill�lllll1111111111�'��` FRONT ELEVATION - 5.5M TRADITIONAL TOWN �i=`�•ii�u�!_��u�_1�=�I.=�__� k: `�'aRI��I�'; ,'Y�I�_�=�� +tl�� i��1���•T� inIi� liIIi�EEiiii �Illiffl—1lii—!_lII�IIlfI!Ill�lfi_i111.p i{ii EEf}iiiiiiii .Il.luil iiil,fil=l-l.i.it..I.,'_3� iiiF .f^ifIIll1�lIIIIIlIi�llllllllllllylli'il iifIl iil�Eii'ii Ei�ii&i iiEICifif l fill +`i�j'{Irmo4Iaiil1�_iillll,lllli�li�IIIIlllll�l—il�.it=i.+'fiil�i'�l'F; 1_ 111_I111 ':, .11114 el Hli i ICl•j'#jiitli;Il1EltI4 1NHlifi•?Jr. Ilii ._ REAR ;1!+— ELEVATION - 5.5M TRADITIONAL TOWN c.44 PICKERING City Development Department Submitted Front and Rear Building Elevations - 5.5 metre wide Street Townhouses File No: OPA 18-002/P, SP 2018-03, A 003/18 Applicant: Metropia (Notion Road) Development inc. Property Description: Part Lot 17 Concession 1, Now Part Lots 1, 2 and 3 40R11413 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VEMNG AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 14, 2018 gi I -- =1111!111111111111111.11111.11111111111.1II1 i. r..i — ^�L� it-,`= - --_==11i1111-1 III1111111 11111111111111111111 f -- - - =11111111111111111111: III X1111111111111- —__ �� r� ^ • �. ��.Ra3x. �. 1. FRONT ELEVATION - 6.1 M BACK-TO-BACK TOWN 1.111-41immili 11 -II 11N111.1111IIIII == _ _111111L! NI111111 1111!11111111:111111: -._I >� MEI=ci! FRONT ELEVATION - 6.8M BACK-TO-BACK TOWN PICKERI NG City Development Department Submitted Front Building Elevations - 6.1 metre wide and 6.8 metre wide Back -to -Back Townhouses File No: OPA 18-002/F SP 2018-03, A 003/18 Applicant: Metropia (Notion Road) Development Inc. Property Description: Part Lot 17 Concession 1, Now Part Lots 1, 2 and 3 40R11413 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VtEWJNG AT THE C[rY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 14, 2018 0) 5 co o CZ F7skerino Havy SITE ELEMENTS fA MIX ACCESS [6' WAIXWAY i DECIii fp: GAWP StATM C am curs EERFi fd slum IREES (H' PLAY SLCIFhcE I SWING:Via J+� LL 77 MD /PLAY AADA SUR ACCESS TO MO {{.. MardWICE ACCESS TO FEU ES IWLq.0010,11 TATEO SLOE RRUM WALL I• • ACCU6i10 BASRER PICKERING City Development Departrnent Submitted Park Conceptual Pian File No: OPA 18-002/e SP 2018-03, A 003/18 Applicant: Metropia (Notion Road) Development Inc. Property Description: Part Lot 17 Concession 1, Now Part Lots 1, 2 and 3 40811413 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE.CfTY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 14, 2018 Gly 602 DICKERING Information Report to Planning & Development Committee Report Number: 10-18 Date: June 18, 2018 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Official Plan Amendment Application OPA 18-003/P Zoning By-law Amendment Application A 07/18 City Initiated: Kubota Canada Ltd. Lands Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010 (3560 Highway 7) 1. Purpose of this Report The purpose of this report is toprovide preliminary information on official plan and zoning by-law amendment applications, initiated by the City, for lands being acquired by Kubota Canada Ltd., located in Pickering's Innovation Corridor in Seaton. This report contains background information on the current planning policy framework and zoning for the subject lands, and on the purpose of the amendments. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification and identify any planning matters. This report is to be received and no decision is to be made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2. Kubota Canada Ltd.'s Future Property Location and Description Kubota Canada Ltd. ("KCL") is a subsidiary of Kubota Corporation, a tractor and heavy equipment manufacturer based in Osaka, Japan. KCL manufactures, markets and distributes Kubota -engineered and manufactured equipment, including tractors, landscaping and public works equipment, residential lawn and garden equipment, and utility vehicles. KCL in the process of acquiring approximately 20 hectares of land in Pickering for the construction of a 52,535 square metre facility. The proposed facility will include KCL's future head office, manufacturing/assembly plant, warehouse, and training areas, with potential for expansion to almost double its original proposed size. Our understanding is that they currently employ approximately 200 people and that this number will be increasing over the next 10 years. 46 Information Report No. 10-18 Page 2 The future KCL lands are located on the south side of Highway 7, in Seaton, east of Sideline 24, and west of Sideline 22 (see Location Map, Attachment #1). Access/egress from the development is proposed via a future road connection to Sideline 24, as well as from Highway 7. The lands are currently used for agricultural purposes. Surrounding land uses are: North: Lands for a potential future airport, currently supporting agricultural uses and a natural heritage system. South: Natural heritage system lands associated with the Ganatsekiagon Creek and valley and Highway 407; further south are vacant prestige employment lands, currently supporting agricultural uses. East: Vacant prestige employment lands, currently supporting agricultural uses. West: Natural heritage system lands associated with the Ganatsekiagon Creek and valley, and vacant prestige employment lands, currently supporting agricultural uses. 3. KCL's Operation Based on staff's current understanding of KCL's operation, skids of parts are shipped in from overseas and stored outside, and finished products ready for shipping are also stored outside for a limited period of time. From a promotional aspect, KCL would like to display the various pieces of equipment they manufacture/assemble, on their lands with exposure to Highway 407. Outdoor storage or display is not permitted by the current Official Plan designation or current zoning. A 1.13 hectare block of land intended for a municipally owned stormwater management facility is included within the 20 hectares that KCL is in the process of acquiring. These lands are zoned exclusively for stormwater management facilities (see Zoning Map, Attachment #2). Based on preliminary concepts for the site, KCL is proposing to handle stormwater elsewhere on the site and would like to use these lands for prestige employment purposes. 4. What is being proposed? KCL has an aggressive timetable to be in operation in Pickering by the end of 2019. To facilitate and accelerate the company's relocation and the jobs that it brings, staff has initiated site specific amendments to the Pickering Official Plan and the Seaton Zoning By-law 7364/14 to permit, as an exception, controlled outdoor storage if accessory and incidental to the principal permitted use (the manufacturing/assembly plant), and to permit limited outdoor display of finished equipment. Additionally, the Official Plan will be amended to delete the east -west "Future Collector Road" between Sideline 24 and the future realigned Sideline 22 (see Location of "Future Collector Road" to be deleted, Attachment 3). As part of the changes to the zoning by-law, staff propose to replace the stormwater management zone with a prestige employment general zone. A copy of the proposed Pickering Official Plan Amendment is provided as Appendix I. A copy of the proposed zoning by-law is provided as Appendix II. 47 Information Report No. 10-18 Page 3 5. What notice was given? In addition to the standard departments and agencies, written notice of the Statutory Public Meeting was provided to the landowners within 500 metres of the future KCL property. In addition, the notice was posted on the City's website. 6. Planning Framework 6.1 The Provincial Policy Statement The Provincial Policy Statement, 2014 (PPS), provides policy direction on matters of provincial interest related to land use planning and development and sets a vision for Ontario's land use planning system. The long-term prosperity and social well-being of Ontario depends upon planning for strong, sustainable and resilient communities for people of all ages, a clean and healthy environment, and a strong and competitive economy. In accordance with the PPS, planning authorities shall promote economic development and competitiveness by providing for an appropriate mix and range of employment uses to meet Tong -term needs, and providing opportunities for a diversified economic base. Strategies to achieve this include maintaining a range and choice of suitable sites for employment uses that take into account the needs of existing and future businesses. The PPS also indicates that long-term economic prosperity should be supported by promoting opportunities for economic development and community investment readiness. Further, settlement patterns should provide densities and mixes of uses that are transit supportive. The proposed amendments are consistent with the PPS. 6.2 The Central Pickering Development Plan The Central Pickering Development Plan, 2012 (CPDP) is a Provincial plan that establishes a comprehensive vision for Central Pickering: that of a sustainable urban community in Seaton integrated with a thriving agricultural community in the Duffins Rouge Agricultural Preserve and an extensive natural heritage system. The urban community is intended to ultimately be home to 70,000 residents and provide 35,000 jobs. The Employment Goal of the CPDP, and the related Employment Objectives, is to provide high quality employment opportunities that reflect the needs of the community. The Plan requires the identification of sufficient employment lands to accommodate approximately 1 job for every 2 residents to meet the objective of achieving 30,500 jobs by 2031 and up to 35,000 jobs through long-term intensification. The CPDP requires high performance standards for development and site design in employment areas and employment areas are to be readily accessible by alternate modes of transportation including vehicular, transit, bicycle and pedestrian. The CPDP is flexible with respect to the built form and range of employment uses so as to respond to changing business preferences and methods of production. 48 Information Report No. 10-18 Page 4 The CPDP also required phasing. plan of the Master Environmental Servicing Plan to address the early servicing of the Prestige Employment areas so as to permit an appropriate balance of employment opportunities in conjunction with the development of residential neighbourhoods. Transit and active transportation objectives of the CPDP include providing a road network that is designed for transit service on major and minor transit corridors so that transit riders will be within a five minute walk of a transit route. The CPDP does not designate a collector road within the Employment Lands The City initiated amendments to revise certain use permissions, performance standards and eliminate a future collector road for the proposed KCL development do not conflict with the CPDP. 6.3 The Highway 407 (Seaton Lands) Economic Development Study The CPDP required, as a means to promote the timely marketing and disposition of provincially owned lands, the completion of an economic development study. That Study was completed by Hemson Consulting Ltd., et al, in 2007 for the Province, and updated by Hemson Consulting Ltd. in 2015 for the City of Pickering. The purpose of the studies was to identify the nature and form of employment uses that are expected to locate in the land designated prestige employment in order to determine appropriate lot sizes and performance standards. The Highway 407 (Seaton Lands) Economic Development Study concluded that a high percentage of the jobs should be in the form of intensiveofficedevelopment, and accordingly, there was a preference for many small parcels of land, and an internal road network. The Study recommended several different land use categories: Office -Oriented Centres; Prestige Employment; and Prestige Employment — Expanded (to include distribution facilities). Office -Oriented Centres were to be located around the Highway 407 interchanges at Sideline 26 and 22. The Prestige Employment — Expanded was to be located at the west end of the Neighbourhood near the District Park. The remainder would be Prestige Employment. This is consistent with the objectives of achieving the employment targets for Seaton. The Study also recommended a prohibition on a number of uses that are land extensive and low employment generating (such as major warehousing, major goods storage, and freight transfer). The Study also recommended a prohibition on outdoor storage. The initial Study concluded, from a market perspective, that the major types of activities on the Seaton employment lands will comprise high value manufacturing, assembly, major office uses and some warehousing with a relatively low level of goods movement. Major industries that will be attracted to Seaton are anticipated to be in the energy, auto, advanced manufacturing, information technology, and other types of manufacturing, warehousing and assembly. 49 Information Report No. 10-18 Page 5 The 2007 Hemson Study helped inform the City's preparation and adoption of the Official Plan policies for the Seaton Employment Lands, as well as the zoning for the first phase of Employment Lands (approximately 80 hectares). In a similar manner, the Study helped inform the design of Draft Plan of Subdivision SP -2011-03, submitted by Infrastructure Ontario for the first phase of Employment Lands. 6.4 The Durham Regional Official Plan The Durham Regional Official Plan (DROP) designates the Seaton lands as "Specific Policy Area A", which requires the lands to be developed in accordance with the CPDP. Other provisions of the DROP shall apply, as applicable. The DROP requires the development of Seaton to be based on a number of considerations including the provision of a range of employment that accommodates the forecasts from the CPDP; and the provision of employment opportunities along Highway 407, concurrent with residential development. • Within employment areas, sites having a high degree of exposure and good access shall be reserved for employment intensive uses. It is the intent of the Plan to encourage prestige employment uses with high employment generating capacity and greater architectural, landscaping and design controls along Highways 401 and 407, and Regional corridors (like Highway 7). Area municipal plans shall designate areas for prestige development and specify design and landscaping controls for such areas. 6.5 The Pickering Official Plan The Pickering Official Plan requires that opportunities for jobs in the Seaton Employment Lands be provided in the first phase of the development of Seaton. To ensure this occurs, the Plan requires the 80 hectares of Prestige Employment Land located between Sideline 26NVhites Road and the realigned Sideline 22, to be serviced with trunk water and sanitary servicing concurrent with the servicing of the Lamoreaux Neighbourhood at the south end of Seaton. Further, the Plan requires that subsequent phases of employment lands be available for development in conjunction with the development of other residential neighbourhoods. The subject lands are designated "Prestige Employment" by the Pickering Official Plan, and "Prestige Employment — General" by the Pickering Innovation Corridor Neighbourhood policies of the Official Plan. The "Prestige Employment" designation permits a range of uses including Tight manufacturing, assembly and processing of goods, office, personal service and community and cultural services (see Pickering Official Plan Table 7: Employment Areas: Permissible Uses by Subcategory, Attachment #4). The Seaton policies refine the permissible uses to exclude: outdoor storage; retail stores; waste processing; waste transfer and recycling facilities; freight transfer and similar trucking facilities; automotive and vehicle sales and repair; and places of worship and schools. The Innovation Corridor policies of the Plan further refine the permissible use in the Prestige Employment General by restricting stand-alone warehousing. Warehousing is only permitted if accessory to a permitted use. 50 Information Report No. 10-18 Page 6 The Neighbourhood Plan identifies a Stormwater Management Facility on the subject lands. However, the Neighbourhood policies permit the number, size and location of stormwater management facilities to be confirmed through functional servicing and stormwater reports, and may be changed without amendment to the Neighbourhood Plan. A high speed transit way is proposed on the south side of Highway 407, with stations proposed in the interchanges at Sideline 26/Whites Road, and at the realigned Sideline 22. Higher order transit is also anticipated to established along Highway 7. 6.6 Zoning By-law 7364/14 The subject lands are zoned "PEG" — Prestige Employment General and "SWM" — Stormwater Management. A site specific amendment is required to the By-law to permit controlled outdoor storage and accessory display in the "PEG" zone. The block zoned for stormwater management needs to be rezoned to the "PEG" zone to permit employment uses. 7. Comments Received • the applications were circulated for comment on May 25, 2018 7.1 Resident Comments • none received to date 7.2 Agency Comments • none received to date 7.3 City Departments Comments 7.3.1 Planning & Design Section Comments The following is a summary of matters of importance raised to date • from the outset of the preparation of the CPDP, the objective to achieve job creation concurrent with residential development was paramount • the trunk servicing to the Seaton Employment Lands would typically advance from south to north, leaving the Employment Lands the last area to be serviced with trunk water and sewer • through policy, and the implementation of that policy through servicing agreements, the Region and the City have required the trunk services to be extended to the Employment Lands concurrent with the servicing of the first residential neighbourhood; the contract to extend the trunk sewers the final distance to reach the Employment Lands has been tendered and the work is under construction • however, to bring this land to "shovel -ready", there is still the need for the local extension of water, sanitary sewer, storm sewers, and other essential utilities, as well as construction of the local roads through the Employment Lands 51 Information Report No. 10-18 Page 7 • this work is typically undertaken by the developer, but in the case of the Seaton Employment Lands, Infrastructure Ontario (10) was the landowner who submitted the draft plan of subdivision application, but it is now clear that they are not going to fulfill the responsibilities of the developer • over the last several years, the City of Pickering, to further the objective of jobs concurrent with residential development, has undertaken an extensive outreach and marketing campaign to find companies and businesses that would bring jobs to Pickering • as leads became solid, the City, working with 10, has been able to acquire lands from 10 for these users on the understanding that the City will then sell the land to the end user; such is the case for the 20 hectares for KCL • City Council recently authorized the hiring of a consulting firm to provide project management services and to undertake the necessary studies and design services to provide municipal services to the KCL site, as well as other lands along Pickering's Innovation Corridor • as City staff worked more closely with KCL, it became evident that some changes to the Official Plan policies and zoning would be required to accommodate all facets of their operation • the KCL development is anticipated to be a catalyst to attracting other businesses to the Seaton Employment Lands; these City initiated Official Plan and zoning amendments are a proactive approach to address the needs of KCL's business operation, and solidify their investment in and development of a site in Pickering's Innovation Corridor • the development will be subject to site plan control through which appropriate screening and landscaping will be required, maintaining the intent of the CPDP and the DROP of a Prestige Employment Area • future transit service along the Highway 407 transitway, Highway 7, and along local, collector and arterial roads will provide employees of KCL site with access to transit • the specific wording of the official plan amendment and the zoning will be refined as necessary following review of comments 8. Information Received • None 9. Procedural lnformation 9A General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal 52 Information Report No. 10-18 Page 8 • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 9.2 Official Plan Amendment Approval Authority • the Region of Durham may exempt certain local official plan amendments from Regional approval if such applications are determined to be locally significant, and do not exhibit matters of Regional and/or Provincial interest • at this time, the Region has not yet determined whether this official plan amendment application is exempt from Regional Approval 10. Owner/Applicant Information • The City is the applicant. Appendices Appendix I Proposed Amendment 32 to the Pickering Official Plan Appendix II Proposed By-law to Amend By-law 7364/14 Attachments 1. Location Map 2. Zoning Map 3. Location of "Future Collector Road" to be deleted 4. Pickering Official Plan Table 7: Employment Areas: Permissible Uses by Subcategory Prepared/Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner CR:Id Date of Report: June 4, 2018 53 Proposed Amendment 32 to the Pickering Official Plan 54 Appendix I to Report No. 10-18 Proposed Amendment 32 to the Pickering Official Plan Purpose: The purpose of this amendment is: to permit controlled outdoor storage as a site specific exception on the lands Kubota Canada Ltd. is in the process of acquiring in the Seaton Innovation Corridor; to permit limited outdoor display of finished equipment on the lands; and to delete the east -west collector road that bisects the lands Kubota is acquiring. Location: The subject lands are approximately 20 hectare in size. They are located between Highway 7 on the north and Highway 407 on the south, east of Sideline 24 and west of the Former Sideline 22 road allowance. Basis: Legally, the lands are described as Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010, in the City of Pickering. This site-specific amendment has been determined to be appropriate to facilitate and accelerate the relocation of Kubota Canada Ltd.'s head office and manufacturing/assembly plant to Pickering, as the first company to open up the. Seaton innovation Corridor employment lands. Approval of the amendment reflects changing preferences and methods of production. The proposal is consistent with the Provincial Policy Statement, and does not conflict with the Central Pickering Development Plan. The amendment will assist in meeting Regional and City objectives to enable development of the Seaton Employment Lands, and bring jobs concurrent with development of the first residential neighbourhood. The amendment will not undermine the vision of a Prestige Employment area as zoning by-law provisions and site plan approval will ensure appropriate design, landscaping and screening controls are implemented. The deletion of one segment of the Collector Roaddoes not prejudice the ability to provide appropriate transit service to the site. Actual Amendment: The City of Pickering Official Plan is hereby amended by: 1. Adding the word "and" to end of Section 12.23 (a)(i)(A), and adding a new exception policy (B) as follows: "(B) despite the prohibition of outdoor storage in Section 11.32(b), controlled outdoor storage may be permitted as an exception, on lands being as Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010, providing the outdoor storage is accessory and incidental to the principal permitted use being Kubota Canada Ltd.'s manufacturing/assembly plant; and further that limited outdoor display of finished equipment may be permitted." 55 Proposed Amendment 32 to the Pickering Official Plan Page 2 So that the section now read as follows: 12.23 City Council: (a) shall provide greater direction on employment uses and densities in the Prestige Employment designation by applying two subcategories to the Prestige Employment land use category set out in Tables 2 and 7 as follows: (i) Prestige Employment General: (A) in addition to the prohibited uses in Section 11.32, warehousing shall be prohibited except for warehousing accessory to a permitted use; and (B) despite the prohibition of outdoor storage in Section 11.32(b), controlled outdoor storagemaybe permitted as an exception, on lands being as Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010, providing the outdoor storage is accessory and incidental to the principal permitted use being Kubota Canada Ltd.'s manufacturing/assembly plant; and further that limited outdoor display of finished equipment may be permitted." 2. Amending Schedule II —Transportation System by deleting the "Future Collector Road" located between Sideline 24 and the realigned Sideline 22, as illustrated on Schedule "A" attached to this proposed Amendment. Implementation: Interpretation: Cross Reference: OPA 18-003/P (Related Files: A 07/18) (Applicant: City Initiated: Kubota Canada Ltd. Lands) (Date: June 18, 2018) 56 The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. t- i T CF ROAD r'_ �. z J W r Delete Future Collector Road Between Sideline 24 and the Realigned Sideline 22 w 0 • ■ ■ ■ SCHEDULE TO THE PICKERING OFFICIAL PLAN EDrT1ON 7 TR .NSPORiATEON SYSTEM Mien leteewNee /WC A "mew, ROO WPC 1 ARTOIL4 ROAD me a AwreMw. Twos eoLLEefeil A4= 0 MEOW, 0 �.t w R.4 co 1lunr FCCCCR SCevee = cU eS PICKERING City Development Department Extract of the Schedule 11 of the Pickering Official Plan Edition 7 File No: CPA 18-031P, A 07118 Applicant: City Initiated Property Description: Collector Road Between Sideline 24 and Realigned Sideline 22 FULL SCALE COPIES OF TI -11S PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 1, 2018 Proposed By-Iaw to Amend By-Iaw 7364/14 58 Appendix 11 to Report No. 10-18 Proposed Wording for Zoning By-law Amendment A 07/18 That Zoning By-law 7364/14 be amended as follows: 1. That the entirety of the lands to be acquired by Kubota Canada Ltd. be zoned as "PEG — 1" — Prestige Employment General Exception 1, and that the Zoning Schedule for Neighbourhood 21: Pickering Innovation Corridor be amendment to reflect this. 2. That an Exception Table be added to section 6.5 of the Employment Area Zone Regulations as follows: Table XX: Permitted Use Exceptions Zone # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses PEG 1 Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R-25010, - Controlled Open Storage1 Accessory Display2 Notes: 1. Controlled open storage areas may be permitted if accessory and incidental to a manufacturing /assembly plant as the principle use on the same lot, subject to the following; a) An open storage area shall be permitted only in a rear yard and not closer than 9.0 metres to any street line, provided that such storage area shall be so located that it is not visible from a street along any line that is perpendicular to such street. b) An open storage area shall not extend over more than 15 percent of the lot area and such area shall be exclusive of parking spaces required by Section 3.0 of the By-law, and shall not exceed the ground floor area of buildings upon the lot. An open storage area can be used for only: (i) the temporary storage of products manufactured, assembled or used on the premises 2. As an accessory use to the manufacturing/assembly plant, limited display of finished products in a visible location may be permitted. 59 Attachment Information Resort #_ .411 Sideline'28 :Whitevale TT I Seventh -Concession Road Subject Lands 1 Sideline•22 ir fir 4E- wc O J U Brock -Road Bea ughiam Sir NEM i Whitevale-Road u u 2 m o; Fifth Concession= �I It 4 Location Map File: OPA18-003/P & A 07/18 D PICKERI NG City Development Department Applicant: City of Pickering Property Description: Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R- 25010 Date: May. 18, 2018 l0 ZITheCorporauonoftheCdyofPlchenngProduced(inpan)underlicensefrom:0OmensPriiter,CreadoMinstryolNatualResourcel All rights reserved.,® Her Majesty the queen in Right of Canada,' Department of Natural Resources. AA rights resened.; Teranet Enterprises Inc. and its supplIers alt rights reserved.;® MUNcipal Property Assessment Corporation and Its sppiers 0 rights reserved.; SCALE: 1:30000 THIS IS NOT A PLAN OF SURVEY. - Attachment # a to Information Report# )a /r3 Highway 7 Land Zoned "PEG" - Prestige Employment General Land Zoned Highway407 "SWM" - Stormwater Management N N C44 Zoning Map File: OPA18-003/P & A 07/18 PICKERING City Development Department Applicant: City of Pickering Property Description:Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R- 25010 Date: May. 18, 2018 t,The Corporation of the City of P,akennrif+roduced On part) under Imense from:®Queers Pdrter, Oran° Mbestryof Mental Resources. rrert of Natural Resources. ps reserved All rights reserved Her Majesty the Queen In Right of Canada, Oepadm Telenet Enterprises Inc. and Its suppliers all rights reserved ;0 Murddpal Properly Assessmert Corporation and l4 suppEers at rights reserved, SCALE. .6,552 THIS IS NOT A PIAN Of SURVEY. 31 r ` = chment # 3 to Information Report # /b — \ / Highway 7 Subject Lands m U Future Collector Road to be deleted Highway 407 m c \N2Th 52 Cif-, 4 Location of "Future Collector Road" to be deleted File: OPA18-003/P & A 07/18 PICKERING City Development Department Applicant: City of Pickering Property Description: Part of Lots 23 and 24, Concession 5, now Part 1, 40R-29998 and Part of Part 7, 40R- 25010 Date: May. 29, 2018 et The Corporation of the Cty of Pickens Pmducad pn peg under kcense from et Queens Printer,(klano t+Ln'e6y of Natural Resources. All rights reserved.0 Her Majesty the Queen In Right of Canada, Depart/Ilea olttatual Resources. AI riglls reserved.; C TeranetEntetptises Inc. and its suppliers all rights reserved.;® Municipal Properly Assessmert Corporation and its sspp:ers a8 rights reserved.; SCALE: 1:6,000 THIS IS NOT A PIAN OF SURVEY. Attachment # to Information Report # /d - /g City Policy Table 7: Employment Areas: Permissible Uses by Subcategory Table 7 Employment Areas Subcategory Permissible Uses (Restrictions and limitations on the uses permissible, arising from other policies of this Plan, will be detailed in zoning by-laws.) General Employment Manufacturing, assembly, processing of goods, service industries, research and development facilities, warehousing, storage of goods and materials, waste transfer and recycling, waste processing, freight transfer, transportation facilities, automotive and vehicle sales and repair; Offices as a minor component of an industrial operation or serving the area, limited personal service uses serving the area, restaurants serving the area, retail sales as a minor component of an industrial operation; Community, cultural and recreational uses, and other uses with similar performance characteristics that are more appropriately located in the employment area. . Prestige Employment Light manufacturing, assembly and processing of goods, Tight service industries, research and development facilities, warehousing, equipment and vehicle suppliers, automotive and vehicle sales and repair; Offices, corporate office business parks, limited personal service uses serving the area, restaurants serving the area, retail sales as a minor component of an industrial operation, hotels, financial institutions serving the area; Community, cultural and recreational uses, and other uses with similar performance characteristics that are more appropriately located in the employment area. Mixed Employment All uses permissible in prestige employment areas; Limited retailing of goods and services serving the area. Pickering Official Plan Edition 7: Chapter 3 - Land Use 69 63 cr, 4 DICKERING Report to Planning & Development Committee Report Number: PLN 17-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Official Plan Amendment Application OPA 17-003/P Amendment 31 to the Pickering Official Plan City Initiated: Information and Communication Technology Recommendation: 1. That Official Plan Amendment Application OPA 17-003/P, initiated by the City of Pickering, to add new policies and revise existing policies in the Pickering Official Plan with regard to the City's Information and Communication Technology Network and "Dig Once" Standard, as set out in Exhibit "A" to. Appendix I to Report PLN 17-18, be approved; and 2. That the Draft By-law to adopt Amendment 31 to the Pickering Official Plan, to add new policies and revise existing policies in the Pickering Official Plan, as set out in Appendix I to Report PLN 17-18, be forwarded to Council for enactment. Executive Summary: Technology enhancements are necessary to enable success for businesses and residents within the City — now and in the future. Access to high speed internet service (broadband) is becoming essential for health care, education, employment, social and political inclusion and overall economic success. To strengthen and support the development of an Information and Communication Technology (ICT) network, and the implementation of the "Dig Once" Standard, an application to amend the Pickering Official Plan was initiated by the City Development Department. The resulting amendment to the Official Plan will introduce new policies to Chapter 7 — Community Services and revise policies in Chapter 16 — Development Review of the Official Plan. The proposed amendment will provide clear direction for implementation of an ICT network and the "Dig Once" Standard" through future infrastructure projects and development applications. It is recommended that OPA 17-003/P be approved and the draft by-law to adopt Amendment 31 be forwarded to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed Amendment. 64 Report PLN 17-18 June 18, 2018 Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 2 1. Background The global economy, and society as a whole, is becoming increasingly computerized and online. With government services, business functions, and entertainment options continuing to evolve into online digital formats, access to high speed broadband Internet has been recognized as a crucial driver for quality of life and economic competitiveness. Recently, the Canadian Radio -television and Telecommunications Commission ruled that access to broadband Internet is a basic service that should be available to all Canadians. 1A Provincial Policy Statement and Provincial Growth Plan The role that communication and telecommunication infrastructure plays in supporting economic growth in Ontario is captured within the Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (Growth Plan). The PPS provides for appropriate development while protecting resources of Provincial interest, public health and safety, and the quality of the natural and built environment. The PPS also supports improved land use planning and management, which contributes to a more effective and efficient land use planning system. With respect to communications and telecommunications infrastructure, the PPS indicates that "long-term economic prosperity should be supported by encouraging efficient and coordinated communications and telecommunications infrastructure." The policies of the PPS are complemented by three provincial plans: the Growth Plan; the Greenbelt Plan; and the Oak Ridges Moraine Conservation Plan. Provincial plans, in tandem with municipal official plans, provide a framework for comprehensive, integrated, place -based and long-term planning that supports and integrates the principles of strong communities, a clean and healthy environment and economic growth, for the long-term. With respect to infrastructure planning, the Growth Plan indicates that the "planning for new or expanded infrastructure will occur in an integrated manner, including evaluations of long-range scenario -based land use planning and financial planning" and that planning for such infrastructure should include "providing sufficient infrastructure capacity in strategic growth areas". In addition, the Growth Plan also indicates that "in planning for the development, optimization or expansion of existing and planned corridors and supporting facilities, the Province, other public agencies and upper- and single -tier municipalities will encourage the co -location of linear infrastructure where appropriate." 1.2 Development of a Vision for the ICT Network In September 2015, Council endorsed the "Dig Once" Standard, providing for the inclusion of conduit to accommodate fiber optic cable in the standard design specification for all future City road construction projects. Council directed City staff to adopt policies so that the infrastructure necessary to accommodate a broadband system can be built over time. City staff were also directed to continue their efforts to have the City recognized as an intelligent community by the Intelligent Community Forum. 65 Report PLN 17-18 June 18, 2018 Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 3 1.3 Official Plan Amendment 31 to the Pickering Official Plan To strengthen and support the development of an ICT network and the implementation of the "Dig Once" Standard, an official plan amendment application was initiated by the City Development Department. The proposed amendment applies City-wide. On January 8, 2018, a public open house was held to provide information, and to assist members of the public and other interested stakeholders to understand the proposal. Following the open house, staff presented Information Report 01-18 and the proposed amendment in a statutory public meeting inviting comments on the proposal. The proposed amendment, including the text of the proposed new and revised policies, and the corresponding informational text for the policy titles, was prepared in consultation with various departments within the City. The proposed amendment was circulated to the Region of Durham and other prescribed agencies and interested parties. In addition, the notice was posted on the City's website, and an advertisement appeared in the local newspaper for two consecutive weeks on December 13, 2017 and December 20, 2017 informing the, residents on the public meeting and inviting their input and comments. t4 Durham Region Broadband Strategy In March 2018, the Region released Phase One of its Broadband Strategy, which: • identifies the needs and trends of various broadband users within Durham Region • establishes the preliminary connectivity targets, based on the needs of users (based on historical bandwidth, demand, and growth) • describes the current connectivity conditions with the Region, including service gaps where needs are not currently being met or are unlikely to be met in the future • discusses technology options to achieve connectivity • identifies potential roles and projects the Region (and other stakeholders) may undertake to achieve increased connectivity Phase Two will focus on evaluating and scoping the various roles and actions for the Region identified in Phase One, developing and implementation plan, finalizing connectivity goals, and delivery of the final Broadband Strategy. The directions that are being planned for the Region's Broadband Strategy are consistent with the City's proposed official plan amendment. Regional staff are engaging stakeholders, including the City, in the development of the final strategy. 2. Comments received on Proposed Amendment 31 2.1 Comments from the public and agencies We have received seven written comments on the proposed amendment. All the written comments have been listed and addressed in the Agency and Public Comment Table in Appendix H to this report. 66 Report PLN 17-18 June 18, 2018 Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 4 2.2 Summary of the comments The comments received from the public and the agencies are very supportive and positive. The Ajax -Pickering Board of Trade has expressed its support for the proposed amendment and further mentioned that the amendment will provide clear direction for the implementation of an efficient communication technology network. Bell, Enbridge and Veridian generally support the City's proactive policies regarding the ICT network and "Dig Once" Standard, but requested further clarification about responsibilities for implementation of the Federal regulations. City staff also consulted Durham Region staff, who suggested certain textual modifications to clarify jurisdictional responsibility for the regional versus local roads (see Changes Recommended by the Region, Attachment #1). 3. Staff review of submissions 3.1 Staff have reviewed the submissions received and provided a response in the table contained in Appendix II to this report. Staff concurs with the Region's comments on adding policy text to clarify jurisdictional responsibility for regional versus local roads. The proposed amendment has been revised to incorporate the comments suggested by the Region. 4. Staff recommend that the Draft By-law to Adopt Recommended Official Plan Amendment 31 be finalized and forwarded to Council for enactment 4.1 Staff recommend that Council support the Recommended Amendment by passing of a by-law to adopt Amendment 31, as set out in Appendix I to Report PLN 17-18. Appendices: Appendix I Draft By-law to adopt Recommended Amendment 31 to the Pickering Official Plan Appendix H Table — Response to Agency and Public Comments Received on Proposed Official Plan Amendment 31 Attachment: 1. Changes Recommended by the Region to the Proposed Amendment 31 to the Pickering Official Plan 67 Report PLN 17-18 June 18, 2018 Subject City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 5 Prepared By: Approved/Endorsed By: Deepak Bhatt, MCIP, RPP Catherine Rose, MCIP, RPP Planner II Jeff Brooks, MCIP, RPP, AMCT Manager, Policy & Geomatics DB:Id Chief Planner 7( AA Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P. Eng. Chief Administrative Officer 69 Appendix I to Report No. PLN 17-18 By-law to Adopt Amendment 31 to the City of Pickering Official Plan 69 The Corporation of the ity of Pickering X/18 Being a By -la o adopt Amendment 31 to the Official Plan for the City of Pickering (OPA 17-003/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of The Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a bylaw to exempt proposed area municipal official plan amendments from its approval; And whereas on February 23, 2000 Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; And .whereas the Region has advised that Amendment 31 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1, That Amendment 31 to the Official Plan for the City of Pickering, attached hereto as Exhibit "A", is hereby adopted; 2, That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XX day of XXXX, 2018. 70 David Ryan, Mayor Debbie Shields, City Clerk Exhibit "A" to By-law Recommended Amendment 31 to the City of Pickering Official Plan 71 Amendment 31 to the Pickering Official Plan Purpose: The purpose of this Amendment is to add new policies and revise existing policies in the Pickering Official Plan with regard to the City's Information and Communication Technology Network and "Dig Once" Standard. Location: The Amendment applies City wide. Basis: Information and Communication Technology (ICT) is the infrastructure and components that enable the modern use of computers. ICT includes the establishment of a broadband network and high speed internet service. This amendment strengthens and supports the development of an Information and Communication Technology (ICT) network, and the implementation of the "Dig Once" Standard. Amendment: The Pickering Official Plan is hereby amended by: 1) Adding new Sections 7.11 and 7.12 in Chapter 7 — Community Services, to read as follows: City Policy ICT Network 7.11 City Council shall provide clear direction for collaboration, facilitation, investment, infrastructure advancement, skills development, and. other initiatives necessary to implement an Information and Communication Technology (ICT) network throughout the City, by: (a) identifying locations, in addition to the City Centre and Pickering Innovation Corridor, where a more robust ICT infrastructure will be offered; (b) prioritizing the implementation of ICT infrastructure to public facilities and spaces; (c) identifying measures that will be necessary to implement a city-wide ICT network; within, and outside, the existing built-up urban area; (d) identifying measures which will minimize the impact of ICT infrastructure on the community and natural environment; and (e) identifying measures which will ensure that the City's ICT infrastructure is resilient and adaptable to change and next -generation technologies. 72 Amendment 31 to the Pickering Official Plan Page 2 City Policy "Dig Once" Standard 7.12 City Council shall require, subject to the approval of the applicable jurisdiction with responsibility for the road, and any requirements of any other applicable agencies, the inclusion of conduit for fiber optic cable in all public rights-of-way, through new development, redevelopment, road construction and reconstruction, in accordance with the City's "Dig Once" Standard, and shall: (a) ensure that all new development or redevelopment is designed to provide the infrastructure for the delivery of, current or future, leading edge information and communication technologies, to and throughout the building(s); and (b) require applications for development to provide an ICT Implementation Plan which demonstrates how ICT technologies are to be designed and implemented, including information regarding conduit construction and ownership, and demonstrates that the associated conduit and wiring meets or exceeds the minimum industry standard. 2) Revising Section 16.5A, "Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval",in Chapter 16 — Development Review, by removing the word "and" at the end of Subsection (xxxv), and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon, and adding the word "and", and by adding the following new Subsection (xxxvii) at the end of the section, to read as follows: (xxxvii) an Information and Communication Technologies Implementation Plan demonstrating how a dedicated broadband fiber optic conduit can be designed and implemented, as referred to in Section 7.12(b). 3) Revising Section 16.5B,"Required Studies for Site Plan Approval", in Chapter 16 — Development Review, by removing the word "and" at the end of Subsection (xxv), and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon, and adding the word "and", and by adding the following new Subsection (xxvii) at the end of the section, to read as follows: (xxvii) an Information and Communication Technologies Implementation Plan demonstrating how a dedicated broadband fiber optic conduit can be designed and implemented, as referred to in Section 7.12(b). Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the City of Pickering Official Plan as amended,regarding the interpretation of the Plan shall apply in regard to this Amendment. 73 Appendix II to Report No. PLN 17-18 Response to Agency and Public Comments Received on Proposed Official Plan Amendment 31 74 Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response # Agency/Individual Comments Staff Response 1 Region of Durham (Teleconference • Regional staff noted that Proposed Amendment 31 is consistent with policies of the Regional • Agree to revise Policy 7.12 & 7.12(b) to reflect regional road jurisdictional responsibility. dated March 9, 2018 Official Plan. • Agree to revise Policy 7.11(c) to clarify that and Comment letter dated March 13, 2018) • In accordance with By-law 11-2000, OPA 31 is exempt from Regional approval. future conduit may not be owned by the City (see Attachment # 1). • Policy 7.12 & 7.12(b) be revised to include a conduit in the regional road right-of-way and to enter into an agreement with the Region to permit it. • Policy 7.11(c) to be revised to clarify private or public ownership of the conduit for fiber optic cable. 2 Ajax-Pickering Board of Trade • Supports the proposed OPA 31 which initiates providing high speed Internet via broadband within the City. • Support acknowledged. • The amendment will provide clear direction for the implementation of an efficient ICT, and allow residents and business of Pickering the .access to succeed in the digital age. 3 Bell Canada • Appreciate the City's role to provide modern ICT infrastructure. • Policy 7.11 & 7.12 revised to accommodate implementation and jurisdictional issues. • • Request more clarity with respect to the implementation policy. Section 7.12 be modified to specifically identify responsibilities for implementation. • The policy does not specify who the owner of the ICT network will be or specifically where routing will take place. Bell, Rogers, Veridian, the Region, the City or another party could all own portions of.the network. 4 Enbridge • No objection to the proposed amendment application. • Noted. • Reserves the right to amend or remove development conditions. Page 1 of 4 Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response # Agency/Individual CommentsStaff Response 5 Veridian Connections • Requested clarity on implementation and extra cost responsibility for providing extra ducts. • No objection to OPA 31 in principle. • The development of an ICT network does not necessarily include or preclude the City from developing or owning portions of this network. A more detailed ICT network implementation plan will be prepared by the City. 6 Trans -Northern Pipelines Inc. .• No comments/objections on proposed OPA 31. • Noted. 7 Ed Hachey • Include terrestrial satellite facilities contemplated for the wireless communication infrastructure. • Proactively plan for the locations in the Official Plan to facilitate terrestrial satellite network demand. • Further details related to distribution design and technology will be developed through a ' more detailed ICT network implementation strategy by the City. 8 Glenn Pitura Arutip Engg. Ltd. a) Currently, Bell Canada and Rogers Cable both provide fibre optic distribution throughout new subdivisions within trench made available to them by the Developer at the time of construction. They have the infrastructure backbone to provide this high-speed service and have been providing this service for many years. It would appear this proposed duct routing for future fibre-optic servicing would compete with them. However, there is no known competitor who would be utilizing these ducts at this time. - a) The policy does specify who the owner of the ICT network will be or specifically where routing will take place. Bell, Rogers, Veridian, the Region, the City or another party could all own portions of the network. i j c Page 2 of 4 Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response # Agency/Individual Comments Staff Response • b) The ICT implementation will require grade level boxes every 150-180 metres within the boulevards along the roadways fronting any units, interconnected with a 7-cell future path duct. This will not allow a future Internet provider to implement a fibre-optic distribution system, as additional above grade equipment (pedestals, distribution nodes, splitting points etc.) will still be required to be added (based on today's technology). It is our experience that existing homeowners will not be receptive to additional street furniture being placed on their frontage in the future. c) Although the intent is to "Dig Once", in order to utilize the duct path, there will be future digging required to connect individual customers, as a complete path to each home cannot be dictated without a distribution design, which necessitates knowledge of what distribution technology will be utilized. d) Please confirm whom at the City will be reviewing/approving the ICT implementation plans, and at what cost and in what timeframe. These plans would require coordination with the other utilities, and space in boulevards is at a premium. e) The estimated cost to the Developer, not including potential timing delays, is an approximate $800.00/lot for a provisional duct/hand well. system. b) Such street furniture would be required, regardless of who the owner/provider of the network might be. c) Further details related to distribution design and technology will be developed through a more detailed ICT network implementation strategy by the City. d) City Development coordinates the approval of site plan, subdivision and condominium applications, and will circulate such plans to the relevant agencies for their review and comment. The City will use a peer reviewer if required. e) Noted. J J Page 3 of 4 , Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response # Agency/Individual Comments Staff Response f) In addition to the above, there was also a note _ in the City's report that talked about ensuring that all new development and redevelopment designed to provide the infrastructure for the delivery of, current or future, leading edge information and communication technologies, to and throughout the buildings. The above comments deal with the "to the buildings" component, but what do you mean by "throughout the buildings"? f) The intent of the policy was that all units within a multi -unit complex should be served by such technologies. Therefore, services should be required to extend from the street to buildings, and encouraged throughout buildings. Page 4of4 Purpose: ATTACHMENT # TO REPORT # °C.N - The purpose of this Amendment is to add new policies and revise existing policies in the Pickering Official Plan with regard to the City's Information and Communication Technology Network and "Dig Once" Standard. Location: The Amendment applies City wide. Basis: Information and Communication Technology (ICT) is the infrastructure and components that enable the modern use of computers. ICT includes the establishment of a broadband network and high speed Internet service. This amendment strengthens and supports the development of an Information and Communication Technology (ICT) network, and the implementation of the "Dig Once" Standard. Amendment: The Pickering Official Plan is hereby amended by: 1) Adding new Sections 7.11 and 7A2 in Chapter 7 — Community Services, to read as follows: City Policy ICT Network 7.11 City Council shall provide clear direction for collaboration, facilitation, investment, infrastructure advancement, skills development, and other initiatives necessary to implement an Information and Communication Technology (ICT) network throughout the City, by: (a) identifying locations, in addition to the City Centre and Pickering Innovation Corridor, where a more robust ICT infrastructure will be offered; (b) prioritizing the implementation of ICT infrastructure to public facilities and spaces; (c) identifying measures that will be necessary to implement a city-wide the City's ICT network; within, and outside, the existing built-up urban area; (d) identifying measures which will minimize the impact of ICT infrastructure on the community and natural environment; and (e) identifying measures which will ensure that the City's ICT infrastructure is resilient and adaptable to change and next -generation technologies. City Policy "Dig Once" Standard 7.12 City Council shall require, subject to the approval of the applicable jurisdiction with responsibility for the road, and any requirements of any other applicable agencies, the inclusion of conduit for fiber optic cable in all public rights-of-way, through new development, redevelopment, road construction and reconstruction, in accordance with the City's "Dig Once" Standard, and shall: Page 1 of 2 79 ATTACHMENT # 1 TO REPORT /i PLN 1, - I (r;3 (a) ensure that all new development or redevelopment is designed to provide the infrastructure for the delivery of, current or future, leading edge information and communication technologies, to and throughout the building(s); and (b) require applications for development to provide an ICT Implementation Plan which demonstrates how ICT technologies are to be designed and implemented, including information regarding conduit construction and ownership, and demonstrates that the associated conduit and wiring meets or exceeds the minimum industry standard. 2) Revising Section 16.5A, "Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval", in Chapter 16 — Development Review, by removing the word "and" at the end of Subsection (xxxv), and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon, and adding the word "and", and by adding the following new Subsection (xxxvii) at the end of the section, to read as follows: (xxxvii) an Information and Communication Technologies Implementation Plan demonstrating how a dedicated broadband fiber optic conduit can be designed and implemented, as referred to in Section 7.12(b). 3) Revising Section 16.5B,"Required Studies for Site Plan Approval", in Chapter 16 — Development Review, by removing the word "and" at the end of Subsection (xxv), and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon, and adding the word "and",and by adding the following new Subsection (xxvii) at the end of the section, to read as follows: ()xvi i) Implementation: Interpretation: 80 an Information and Communication Technologies Implementation Plan demonstrating how a dedicated broadband fiber optic conduit can be designed and implemented, as referred to in Section 7.12(b). The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. The provisions set forth in the City of Pickering Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. Page 2of2 DICKERING cdy Report to Planning & Development Committee Report Number: PLN 18-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Drinking Water Source Protection — Proposed Amendments to the CTC Source Protection Plan and Toronto & Region Assessment Report File: D-8100-006 Recommendation: 1. That.the proposed amendments, as provided in Appendix I, to policies and mapping within the CTC Source Protection Plan and the Toronto & Region Assessment Report, prepared by the CTC Source Protection Committee be endorsed; 2. That the City Clerk forward a copy of Report PLN 18-18 and the Council Resolution endorsing the proposed amendments to the CTC Source Protection Plan and the Toronto & Region Assessment Report to the CTC Source Protection Committee, Region of Durham and Region of York. Executive Summary: The Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan (CTC SPP) came into effect on December 31, 2015. The CTC SPP consists of policies that protect municipal groundwater supplies (drinking water wells) and municipal surface water supplies (water supply plants) from activities that have been identified as threats to water quality and quantity. The CTC Source Protection Committee, which is responsible for the'development of assessment reports and source protection plans, has proposed amendments to the policies and mapping in the CTC SPP and the Toronto & Region Assessment Report. The Clean Water Act, 2006 allows amendments to be made to a source protection plan provided that a municipal Council Resolution is obtained from each municipality affected by the amendments. On May 17, 2018, the City received a notice from the CTC Source Protection Committee requesting Council endorsement of the proposed amendments (see Appendix I). The CTC Source Protection Committee is undertaking pre -consultation with affected municipalities and have requested Council endorsement by June 29, 2018. The CTC Source Protection Committee expects to conduct broader consultation on the proposed amendments with the public in July and August 2018. If, through public consultation, there are significant changes to the proposed amendments that would impact the City, the CTC Source Protection Committee will notify the City to determine whether further consultation or Council endorsement is required. City Development staff are in support of the proposed amendments to the CTC SPP and the Toronto & Region Assessment Report, and recommend that Council endorse the amendments proposed by the CTC Source Protection Committee. 81 Report PLN 1.8-18 June 18, 2018 Subject: Drinking Water Source Protection — Proposed Amendments to the CTC Page 2 Source Protection Plan and Toronto & Region Assessment Report Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1. Background: The Drinking Water Source Protection process began in 2007 under the authority of the Clean Water Act, 2006 (CWA). The CWA enabled the establishment of Source Protection Regions and Areas throughout the province to address threats to municipal groundwater supplies (drinking water wells) and municipal surface water supplies (water supply plants). The City of Pickering is within the CTC Source Protection Region, which gets its name from the first letter of each of its three Source Protection Areas: Credit Valley, Toronto and Region, and Central Lake Ontario. Nineteen Source Protection Committees were created under the CWA, each representing either individual source protection areas or regions. These Committees comprise stakeholders from source protection authorities, municipalities, businesses and the general public. Each Source Protection Committee is responsible for the development of: Assessment Reports that, based on technical studies, identify and assess threats to municipal drinking water systems; and Source Protection Plans that have detailed policies on how to address those threats. A threat to drinking water is any activity identified in a source protection plan that adversely affects or has the potential to adversely affect the quality or quantity of any water used as a source of drinking water. The City of Pickering was engaged in the preparation of the CTC Source Protection Plan (CTC SPP) throughout its development between 2011-2014. The CTC SPP came into effect on December 31, 2015 and is now in its third year of implementation. Implementation of CTC SPP policies is primarily shared by the Province, Risk Management Officials at the Regional level, planning approval authorities, and municipalities. 2. Proposed Amendments: On May 17, 2018, the City received notice under Section 34(2) of the CWA and Section 48(2) of Ontario Regulation 287/07, requesting Council endorsement of proposed amendments to the CTC SPP and the Toronto & Region Assessment Report (see Appendix I). The CWA and Ontario Regulation 287/07 allow foramendments to be made to a source protection plan provided that a municipal Council Resolution is obtained from each municipality affected by the amendments. The CTC Source Protection Committee is currently undertaking pre -consultation with affected municipalities and requests Council endorsement of the proposed amendments by June 29, 2018. The CTC Source Protection Committee expects to conduct broader consultation on the proposed amendments with the public in July and August 2018. If, through public consultation, there are significant changes to the proposed amendments that would impact the City, the CTC Source Protection Committee will notify the City to determine whether further consultation or Council endorsement is required. 82 Report PLN 18-18 June 18, 2018 Subject: Drinking Water Source Protection — Proposed Amendments to the CTC Page 3 Source Protection Plan and Toronto & Region Assessment Report The following proposed amendments to the CTC SPP and. the Toronto & Region Assessment Report, that directly affect the City of Pickering, will assist with the implementation of the Plan and improve the delineation of vulnerable areas. CTC Source Protection Plan / Toronto & Region Assessment Report Reference Description of Amendment Transition Provision The proposed amendments provide the municipality with greater discretion in determining when a Water Balance Assessment may be needed. T-8 (Timeline for Official Plan and Zoning By-law Conformity with the CTC Source Protection Plan) The proposed amendment removes the 5 -year timeline for conformity and requires conformity during the next municipal comprehensive review. GEN -1 (Restricted Land Use Policy) The proposed amendment clarifies that Risk Management Officials have the autonomy to determine the site specific land uses that are, and are not, subject to review under the CWA. REC-1 (Land Use Planning for Protection of Groundwater Recharge) and Downgradient Line within the York -Durham WHPA-Q Proposed amendments to the REC-1 policy clarify that, within the York -Durham Wellhead Protection Area for water quantity (York-Durham.WHPA-Q), a Water Balance Assessment is required for major development north of the proposed downgradient line and may be required for development on land south of the downgradient line, subject to the planning approval authority's discretion. SAL -10, SAL -12 (Moderate and Low Threat Policies, Application of Road Salt) The proposed amendments ensure that the SAL -10 and SAL -12 policies are applicable in all relevant. vulnerable areas. Significant Groundwater Recharge Areas (Toronto & Region Assessment Report) Ten maps have been revised to reflect the best available technical information used to delineate these areas consistent with the direction provided by the Ministry of the Environment and Climate Change. 3. Conclusion and Recommendation: City Development staff completed a detailed review of the proposed amendments and provided comments on the proposed amendments' implications for the City (see Attachment #1). City Development staff are in support of the proposed policy and mapping amendments to the CTC SPP and the Toronto & Region Assessment Report and recommend that Councilendorse the amendments proposed by the CTC Source Protection Committee. • 83 • Report PLN 18-18 June 18, 2018 Subject: Drinking Water Source Protection -- Proposed Amendments to the CTC Page 4 Source Protection Plan and Toronto & Region Assessment Report Appendix: Appendix I May 17, 2018 Letter from CTC Source Protection Committee on the Proposed Amendments to the CTC Source Protection Plan and Toronto & Region Assessment Report Attachment: 1. Detailed Review of the Proposed Amendments to the CTC Source Protection Plan Prepared By: Stev Andis, MCIP, RPP Principal Planner, Policy Jeff Brooks, MCIP, RPP Manager, Policy & Geomatics SA:ld Approved/Endorsed By: deeAo-c Catherine Rose, MCIP, RPP Chief Planner Kyle Bentley, P.Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 84 Appendix I to Report No. PLN 18-18 May 17, 2018 Letter from CTC Source Protection Committee on the Proposed Amendments to the CTC Source Protection Plan and Toronto & Region Assessment Report 85 Debbie Shields Clerk City of Pickering One The Esplanade Pickering, ON L1V 6107 May 17, 2018 Dear Ms. Shields: NOTICE OF AMENDMENTS 1 DRINKING WATER SOURCE PROTECTION ACT FOR CLEAN WATSAIwkyWor��swp•ca�� 5 Shoreham Drive, Downsview, ON M3N 154 T.416-661-6600 f info@ Lrca.on.ca CTC Source Protection Region Re: Proposed Amendments Under Section 34 of the Clean Water Act, 2006 to the Toronto & Region Assessment Report and the CTC Source Protection Plan On behalf of the Toronto and Region and Central Lake Ontario Source Protection Authorities, this Notice serves as an obligation under Section 34(2) of the Clean Water Act, 2006 and Section 48(2) of Ontario Regulation 287/07. Background The Credit Valley --Toronto & Region —Central Lake Ontario (CTC) Source Protection Plan was approved by the Minister of the Environment and Climate Change in July 2015 and became effective on December 31, 2015. Municipalities, source protection authorities, and various provincial ministries have been implementing policies within the plan since it became effective. The,Clean Water Act, 2006 and Ontario Regulation 287/07 allow for amendments to be made to a source protection plan provided that a municipal council resolution is obtained from each municipality affected by the amendments. A municipality may be considered affected, if it is located within a geographic area related to the amendments, and/or the municipality is responsible for taking actions or otherwise implementing source protection policies related to the amendments. Proposed policy amendments to the CTC Source Protection Plan are largely a result of implementation challenges. Proposed technical amendments to the Toronto and Region Assessment Report either assist with the implementation of a policy in the CTC Source Protection Plan or improve the accuracy of original vulnerable area delineations. 86 SUmmary of Amendments Impacting the City of Pickering CTC Source Protection Plan / Toronto & Region Assessment Report Reference Description of Amendment Transition Provision The proposed amendments provide the municipality with greater discretion in determining when a Water Balance Assessment may be needed. T-8 (Timelne for Official Pian and Zoning By -Law Conformity with the CTC Source Protection Plan) The proposed amendment removes the 5 -year timeline for conformity. GEN -1 (Restricted Land Use Policy) The proposed amendment clarifies that Risk Management Officials have the autonomy to determine the site specific land uses that bath are, and are not, subject review under the CWA. Planning REC-1 (Land Use Planning for Protection of Recharge); Grou adient Line Proposed amendments to the REC-1 policy clarify that, within the York -Durham WHPA-Q., a Water Balance Assessment is required for major development north of the proposed downgradient line and may be required for development on land south of the downgradient line, subject to the planning approval authority's discretion. SAL -10, SAL -12 (Moderate and Low Threat Policies, Application of Road Salt) The proposed amendments ensure that the SAL -10 and SAL -12 policies are applicable In all relevant vulnerable areas by adding WHPA-A and WHPA-B (VS. 10) to the list of areas where these policies apply. Significant Groundwater Recharge Areas (Toronto and Region Assessment Report) Ten maps have been revised to reflect the best available technical information used to delineate these areas consistent with the direction provided by the Ministry of the Environment and Climate Change. Following receipt of Council Resolutions from all municipalities impacted by the amendments to the Toronto and Region Assessment Report and the CTC Source Protection Plan, consultation with the General Public will take place. Public consultation will be a minimum period of thirty- five (35) days and Is tentatively scheduled for July and August 2018. Submission of the proposed amendments to the Minister of the Environment and Climate Change is anticipated in Fall 2018. Endorsement of the proposed amendments outlined above, through one or more Council Resolutions, is requested by Friday, June 25, 2018. Durham Region and Toronto & Region Conservation Authority staff have been working with Policy Planning Staff at the City of Pickering to secure the requisite resolution(s) within this timeline. Correspondence confirming endorsement of the proposed amendments should be directed to the undersigned via electronic mail (istephens@trca.on.ca) or in hard copy. 2 87 Please feel free to contact me directly with any questions pertaining to the amendments, their impact on the City of Pickering, or the contents of this correspondence. Best regards, Je/iii,v14-for. Steph Jennifer Stephens Manager, Source Protection CTC Source Protection Region Copy: Stev Andis, Principal Planner — Policy Attachments (3): 1. Proposed Policy Amendments 2. Mapping—Significant Groundwater Recharge Areas 3. Mapping — Location of Downgradient Line 88 CTC Source Protection Plan Policies for Section 34 Amendment — Consultation with the City of Pickering— May 17, 2018 TEXT HIGHLIGHTED IN GREY INDICATES A REMOVAL (ST-+KETHROUG -) OR ADDITION (BOLD) FROM APPROVED CTC SOURCE PROTECTION PLAN (JULY 20 15) TRANSITION PROVISION Under the Clean Water Act, 2006, there is consideration for source protection plans (SPPs) to have a Transition Provision that outlines the circumstances under which a "future" drinking water threat activity, that would otherwise be prohibited, may be considered as "existing", even if the activity has not yet commenced. The intent is to allow applications in transition to proceed while drinking water threats are managed under the "existing threat" policies. The CTC Source Protection Committee included a Transition Provision to recognize situations where an approval -in -principle to proceed with a development application had already been obtained, or where a complete application was made prior to the date the SPP came into effect, but requires further planning approvals to implement the application in progress. The CTC SPP was approved by the Minister of Environment and Climate Change an July 28, 2015 and became effective on December 31, 2015. Applications submitted after the effective date of the CTC SPP may only be transitioned if they are helping to implement an application in process prior to the date the CTC SPP took effect. "Existing Threat" policies apply to prescribed drinking water threat activities under the following circumstances: 1) A drinking water threat activity that is part of a development proposal where a Complete Application (as determined by the municipality or Niagara Escarpment Commission) was made under the Planning Act, Condominium Act or Niagara Escarpment Planning and Development Act (NEPDA) prior to the day the Source Protection Plan comes into effect. The policy for "existing" drinking water threats also applies to any further applications required under the Planning Act, Condominium Act, Prescribed Instruments, or a development permit under the NEPDA, to implement the development proposal. 2) A drinking water threat activity that is part of an application accepted fora Building Permit, which has been submitted in compliance with Division C 1,3.1.13 (5of the Ontario Building Code under the Building Code Act, /992 as amended, prior to the day the Source Protection Plan comes into effect. 3) A drinking water threat activity that is part of an application accepted for the issuance or amendment of a Prescribed Instrument prior to the day the Source Protection Plan comes into effect. Page 1 of 11 CTC Source Protection Plan Policies for section 34 Amendment — Consultation with the City of Pickering — May 17, 2018 Explanatory Document Text The Transition Provision outlines the circumstances under which a future significant drinking water threat activity may be considered an existing significant drinking water threat activity. The Clean Water Act, 2006 requires source protection plans to contain policies to address both existing and future threat activities. The Clean Water Act, 2006further specifies that all policies will come into effect upon the plan approval date or an effective date specified by the Minister of the Environment and Climate Change. Transition provisions have been developed to recognize those situations where an applicant has either obtained an approval -in - principle to proceed with a development application, or where a complete application has already been made to a planning approval authority that are "in process" on the date the Source Protection Plan comes into effect. They are not designed to allow proponents to ignore or circumvent the provision contained in this Plan. They will allow the applications to proceed subject to existing significant drinking water threat policies. The CTC Source Protection Committee concluded a transition provision should be included in the Source Protection Plan to be fair to those with applications in progress or that have received an approval -in -principle to proceed with works. The policy will allow those with complete applications made under the Planning Act or Condominium Act, building permits submitted in compliance with Division C.1.3.1.13 (5) of the Ontario Building Code Act, 1992 as amended, development permits under the Niagara Escarpment Planning and Development Act, or an application for the issuance or amendment of a Prescribed Instrument prior to the day the Source Protection Plan comes into effect to be treated as existing threat activities. Transition Provision and Policy REC-1 Policy REC-1 is intended to apply to "future threats" in a WHPA-Q2 with a significant or moderate risk level. However, if an application subject to REC-1 Parts 2a) and 2b) is submitted after the date the source protection plan came into effect (December 31, 2015), but is required to implement a development proposal in progress (as per the Transition Provision), the threat (reducing aquifer recharge) is to be managed as "existing". Through the plan review process, the Planning Approval Authority will decide what is required to ensure the "existing" threat does not become significant. This is generally to be determined through water balance assessments, or their equivalent (e.g. addendums or amendments to previous stormwater management reports undertaken on site). The Planning Approval Authority may, however, determine that an application submitted after the Transition Provision deadline to implement an application in progress would not increase impervious cover and a water balance assessment (or equivalent) is not required. The CTC Source Protection Committee intended to allow the Planning Approval Authority the flexibility to require the appropriate level of detail in a specific water balance assessment (or equivalent) that is commensurate with the scale and location of the proposed development. Some areas of the WHPA-Q2 are particularly important for recharge (i.e. Significant Groundwater Recharge Areas) and should be given specific protection, while others may not be as important and/or cannot provide the required level of infiltration. Therefore, the water balance assessment (or equivalent) should include a site specific assessment, acknowledgement of previous planning approvals obtained or in progress that could impact infiltration, and an identification of recharge characteristics. Page 2 of 11 CTC Source Protection Plan Policies for Section 34 Amendment— Consultation with the City of Pickering — May 17, 2018 Ultimately, the intent of the water balance assessment is to demonstrate, to the satisfaction of the Planning Approval Authority, that pre -development recharge will be maintained to the greatest extent feasible through best management practices such as low impact development (LID), minimizing impervious surfaces, and lot level infiltration. Policy ID Timelines for Policy Implementation Land Use Planning T-8 Official plans shall be amended for conformity with the Source Protection Plan within 5 years from the date the Source Protection flan takes effect, lac at the time of the next review in accordance with s.26 of the Planning Act, whichever occurs first. Zoning by-laws shall be amended within 3 years after the approval of the official plan. Explanatory Document Text Section 40(1) of the Clean Water Act, 2006 requires that the Council of a municipality or a municipal planning authority that has jurisdiction in an area to which the source protection plan applies shall amend its Official plan to conform with significant threat policies and designated Great Lakes policies set out in the source protection plan. In part 2 of Section 40, the Council or municipal planning authority are required to make these amendments before the date specified in the source protection plan. Timeline T-8 in the CTC Source Protection Plan required that Official Plans be amended for conformity within 5 years from the date the Plan took effect (i.e., December 2020). Several upper tier municipalities within the CTC Source Protection Region have communicated the difficulty with achieving the December 2020 timeline as outlined in the CTC Source Protection Plan which also impacts the ability of those lower tier municipalities dependent on the completion of the conformity exercise by their upper tier counterparts in meeting the same timeline. Further, the Government of Ontario released the Growth Plan for the Greater Golden Horseshoe ('Growth Plan') in May 2017. The Growth Plan was prepared and approved under the Places to Grow Act 2005 and took effect an July 1, 2017. Lipper Tier municipalities are expected to review and update their Official Plans to conform with the updated Growth Plan by July 2022; lower tier municipalities must conform within 1 year of their upper tier counterparts. CTC Source Protection Region municipalities have communicated that completing conformity with the CTC Source Protection Plan and the Growth Plan, 2017, in unison, would be more time and cost effective. Page 3 of 11 CTC Source Protection Plan Policies for Section 34 Amendment — Consultation with the City of Pickering — May 17, 2018 Policy 10Body Implementing Legal Effect Polley When Policy Applies Monitoring Policy GEN -1 Municipality RMO A [ s.59 Restricted Land Uses Immediately (T-9) Amend OPs for conformity within 5 MON-1 MON-2 be, drinking o significant water thrc t.... In accordance with Section 59 of the Clean Water Act 2006, all land uses, except solely residential uses, where significant drinking water threat activities have been designated for the purposes of Sections 57 and 58 of the Clean Water Act, 2006, are hereby designated as Restricted Land Uses and a written notice from the Risk Management Official shall be required prior to approval of any Building Permit, Planning Actor Condominium Act application. Despite the above policy, a Risk Management Official may issue written direction specifying the situations under which a planning authority or Chief Building Official may be permitted to make the determination that a site specific land use designation is, or is not, designated for the purposes of Section 59. Where such direction has been issued, a site specific land use that is the subject of an application for approval under the Planning Act or for a permit under the Building Code Act is not designated for the purposes of Section 59, provided that the planning authority or Chief Building Official, as applicable, is satisfied that: a. The application complies with the written direction issued by the Risk Management Official; and, b. The applicant has demonstrated that a significant drinking water threat activity designated for the purposes of Section 57 or 58 will not be engaged in, or will not be affected by the application. c. Where the Risk Management Official has provided written direction designating a land use for the purpose of section 59, a written Notice from the Risk Management Official shall be required prior to approval of any Building Permit under the Building Code Act 2992 as amended, in addition to Planning Art and Condominium Act applications in accordance with Section 59 of the Clean Water Act, 2006. ycvrs and ZBLs within 3 years of OP approval (T-8) Explanatory Document Text Policy GEN -1 manages existing and future activities within vulnerable areas where the activity is or would be a significant drinking water threat as designated under section 59 of the Clean Water Act 2006, by requiring Risk Management Officials to screen applications for works proposed under the Planning Act, the Condominium Act, and the Building Code Act, 1992 as amended, excluding residential uses. Page 4 of 11 CTC Source Protection Plan Policies for Section 34 Amendment — Consultation with the City of Pickering -- May 17, 2018 Where the activities are or would be a significant drinking water threat, this policy requires municipalities to designate land uses within their Official Plans and Zoning 8y -Laws. This will allow for the pre-screening by the Risk Management Official, via using section 59 of the Clean Water Act 2006. Section 59 policies require that municipalities put a process in place to "flag" for the, Chief Building Official and the Planning Department applications made under the Planning Act and the Condominium Act, as well as or -an application for a building permit under the Building Code Act,1992, as amended, that is within a vulnerable area where a threat could be significant and where Part IV authorities are being used to prohibit or manage activities. The "flag' would indicate to the Chief Building Official or the Planning Department that the proposal needs to be reviewed by the Risk Management Official. Once the Risk Management Official is satisfied that the applicable Part IV policies are addressed, he/she would issue a "Notice to Proceed'. This Notice is'used to let the Chief Building Official or Planning Department know they can proceed with irr processing the proposal. Risk Management Officials in the CTC Source Protection Region have communicated that Policy GEN -1, as originally written, had ambiguity regarding their ability to determine when site-specific land uses, activities, or building projects are or are not subject to Section 59 Notice requirements under the Clean Water Act, 2006. The revised policy text now has clear policy direction allowing Risk Management Officials the autonomy to determine the site specific land uses that both are and are not subject to Section 59 Notices. Page 5 of 11 CTC Source Protection Plan Policies for Section 34 Amendment—Consultation with the City of Pickering— May 17, 2018 Policy ID Threat Description Implementing Body Legal Effect Policy Where Policy Applies When Policy Applies Monitoring Policy SAL -10 Moderate/ Low Threatsof Application of Road Salt Planning Approval Authority B Land Use Planning Where the application of road salt would be a moderate or low drinking water threat, the planning approval authority is encouraged to require a salt management plan, which includes a reduction in the future use of salt, as part of a complete application for development which includes new roads and parking lots in any of the following areas: • WHPA-A (VS = 10) (existing, future); or WHPA-B (VS 10) (existing, future); or • WHPA-C (future); or • WHPA-D (future); orconformity • WHPA-E (VS a 4.5 and <9) (future); or — • HVA (future); or • SGRA (VS ? 5) (future). Such plans should include, but not be limited to, mitigation measures regarding design of parking lots, roadways and sidewalks to minimize the need for repeat application of road salt such as reducing ponding in parking areas, directing stormwater discharge outside of vulnerable areas where passible, and provisions to hire certified contractors. See See Chapter S the respective Assessment Report Future: Immediately (T--9) Amend OPs for viftlivifi S-yaars N/A and ZBLs within 3 years of OP approval (T-8) Page 6 of 11 CTC Source Protection Plan Policies for Section 34 Amendment — Consultation with the City of Pickering --- May 17, 2018 Policy ID Threat Description Implementing Body Legal Effect Policy Where Polity Applies When Policy Applies Monitoring Policy SAL -12 Moderate/ Low Threats Application of Road Salt Municipality A Specify Action Where the application of road salt on unassumed roads and private parking lots with greater than 200 square metres is, or would be, a moderate or low drinking water threat in any of the fallowing areas: • WHPA-A (VS = 10) (existing, future); or • WHPA-B (VS 510) (existing, future); ar • WHPA-C (existing, future); or • WHPA-D (existing future); ar * WHPA-E (VS? 4.5 and r9) (existing, future); or • HVA (existing, future); or • SGRA (VS ? 6) {existing, future}; the municipality is encouraged to: a) require implementation of a salt management plan which includes the goal to minimize salt usage through alternative measures, while maintaining public safety; and b) require the use of trained individuals in the application of road salt (could include technicians and technologists and others responsible for salt management plans, winter maintenance supervisors, patrollers, equipment operators, mechanics, and contract employees). See Chapter 5 of the respective Assessment Report Existing & Future: Consider within 2 years (T-15) N/A Page 7of11 CTC Source Protection Plan Policies for Section 34 Amendment — Consultation with the City of Pickering — May 17, 2018 Explanatory Document Text Policies SAL -10 through SAL -13 apply to low and moderate threat areas. The CTC Source Protection Committee has chosen to include a land use planning policy using Planning Act tools and a number of Specify Action policies where the threat is low or moderate in recognition that road salt application and storage activities are carried out throughout oll sourcc protcction arms the source protection region; chloride and sodium are very mobile chemicals that move easily and rapidly into and through aquifers; and that there are many other sources of drinking water that may be protected as well through implementation practices to reduce the threat. All of these low and moderate threat policies are non -legally binding. Each specific implementer must have regard for the policy in making decisions, but has the flexibility of determining what action(s) will be taken. While an implementer is not required to provide a report on their actions on implementing low or moderate threat policies, the CTC Source Protection Committee encourages them to provide information that will help in future review and revision of policies. Page 8 of 11 CTC Source Protection Plan Policies for Section 34 Amendment -- Consultation with the City of Pickering — May 4, 2018 Polity ID Threat Description Implementing Body Legal Effect PolicyWhere Policy Applies When Policy Applies Monitoring Policy REC-1 An activity that reduces recharge to an aquifer Planning Approval Authority A Land Use Planning (Planning Policies for Protecting Groundwater Recharge) For applications under the Planning Act within the Tier 3 Water Budget WHPA-Q2 identified as having significant water quantity threats, the relevant Planning Approval Authority shall ensure recharge reduction does not become a significant drinking water threat by: the Planning Art for lands zoncd Low Future: WHPA-Q2 with a significant risk level See Maps 3.1 3.2 Future: WHPA-Q2 with a moderate risk level See Maps 3.3 3.4 Future: immediately (T-9) Amend QPs for conformity within 5 and MON-1 1) Requiring new development and site alteration under - - -- ' to implement best management . _ _ practices such as Low Impact Development (UD) with.the goal to maintain predevelopment recharge. Implementation of best management practices is encouraged, but voluntary, for Agricultural Uses, Agriculture -related Uses, or On-farm Diversified Uses where the total impervious surface does not exceed 10 per cent of the lot. - 2) Requiring that all site plan _ _ --ndsubdivision applications to facilitate major development (excluding development on lands down -gradient of municipal wells in the Toronto & Region Source Protection Area [Figure X]) for new residential, commercial, industrial and institutional uses provide a water balance assessment for the proposed developmentto the satisfaction of the Planning Approval Authority which addresses each of the following requirements: a) maintain pre -development recharge to the greatest extent feasible through best management practices such as LID, minimizing impervious surfaces, and lot level infiltration; b) where pre -development recharge cannot be maintained on site, implement and maximize off-site recharge enhancement (within the same WHPA-Q2) to compensate for any predicted loss of recharge from the development; and c) for new development (excluding a minor variance) within the WHPA G2 and within an Issue Contributing Area (for sodium, chloride or nitrates), the water balance assessment shall consider water quality when recommending best management practices and address how recharge will be maintained and water quality will be protected. The Planning Approval Authority shall use its discretion to implement the requirements of this policy to the extent feasible and practicable given the specific circumstances of a site and off-site recharge opportunities. 3) Only approving settlement area expansions as part of a municipal comprehensive review where it has been demonstrated that recharge functions will be maintained on lands designated Significant Groundwater Recharge Areas within WHPA-Q2. 4) Amending municipal planning documents to reference most current Assessment Reports in regards to the Significant Groundwater Recharge Areas within WHPA-Q2. yrs ZBLs within 3y ears of OP approval (T-8) Page 9 of 11 CTC Source Protection Plan Policies for Section 34 Amendment - — Consultation with the City of Pickering— May 4, 2018 EXPLANATORY DOCUMENT TEXT Policy REC-1 is a land use planning policy that manages activities that reduce recharge to an aquifer. This policy applies to future threats in a WHPA-Q2 with -a significant or moderate risk level. The intent of the policy is to ensure that the Planning Approval Authority makes decisions that do not result in recharge reduction from new development becoming a significant drinking water threat within a WHPA-Q2. The Planning. Approval Authority, through the plan review process (i.e., Planning Act applications) will determine what is required, and determine the acceptability of the proposed actions, in the water balance assessments. The CTC Source Protection Committee wants the Planning Approval Authority to have the flexibility to require the appropriate level of detail in a specific water balance assessment commensurate with the scale and location of a proposed development. For example, within the WHPA-Q2 are areas that have been identified as Significant Groundwater Recharge Areas which are particularly important due to the nature of the soils and slope that permit higher than average infiltration of precipitation to replenish the groundwater. These areas should be given particular protection. Other areas within the Tier 3 WHPA-Q2, may not be important for recharge and/or cannot provide the required infiltration due to the local soil and slope conditions. Site specific assessment and identification of the recharge characteristics of the site should be part of such water balance assessments or equivalent. Where a detailed assessment is warranted, using the current version of the Tier 3 Water Budget model and updated information should ensure that the results are technically robust and comparable to the original analysis. The local source protection authority has the model files and information to support this analysis, but it is envisioned that an applicant will have to retain qualified expertise to do the analysis. The Source Protection Committee encourages the "complete application" check list be updated to include the Water Balance Assessment. The intent of Part 1) of the policy is to hydrogeological adsessments,;but to, protect recharge by requiring instctnd that they ' impact from their building or development activities that am subject to planning approvals. provide an appropriate level of policy direction to maintain recharge for development and site alteration associated with smaller -scale or agriculture -related development not covered by Part 2 of this policy. In lieu of providing hydrogeological assessments, applicantsare required, or in the case of agriculture -related development where the total lot impervious surface is beneath a threshold of 10 per cent, encouraged to voluntarily implement best management practices, that will reduce or eliminate any impact from theif building, of development, or site alteration activities that are subject to planning approvals With respect to, the voluntary implementation of Part 1) of this policy for Agricultural Uses, Agricultural -Related Uses, and On-farm Diversified Uses these terms have the same meaning as defined in the Provincial Policy Statement, 2014 and as further articulated in: the Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas, 2016, The 10 percent impervious threshold for agricultural -related uses is adapted from Policy 3.2.4.2 of the Greenbelt Plan, 2017for the purposes of this policy. In general, on low density and agriculturally zoned lands, itis possible to ensure that roof and impermeable surface run-off can be directed to on-site infiltration and thus maintain recharge without requiring technical assessments. Page 10 of 11 CTC Source Protection Pian Policies for Section 34 Amendment - — Consultation with the City of Pickering— May 4, 2018 The intent of Part 2) of this policy is to ensure certain Planning Act applications -(excluding an apia4ication for one single family dwelling and on {ands zoned ogricultur* include an assessment of the potential reduction in recharge so that specific measures are identified and implemented to ensure the proposal does not result in recharge reduction becoming a significant drinking water threat within a WH PA -Q2. This requirement applies to major development on lands with the greatest potential for reducing recharge, such as commercial, employment, institutional, industrial uses and includes residential subdivisions. but exclude:, an _. Planning Act applications applicable to Parts 2 (a) and (b) include site plan applications, draft plan of subdivision applications, and any associated implementing official plan or zoning by-law amendment applications, however, applications for development on lands zoned agricultural, which do not meet the criteria for major development, and any development on lands down -gradient of municipal wells in the Toronto and Region Source Protection Area [See Figure X1, are exempt from Part 2). The intent of Part 2 (b) is to allow the municipality the option where it meets local requirements to require the applicant to locate compensating recharge on another site within the WHPA-Q2 where it is not feasible to protect pre -development recharge within the development site. The CTC Source Protection Committee concluded that the local municipality is best placed to determine the optimal actions to protect recharge and this provides them some local flexibility in their decision-making. Part 2 (c) of this policy applies ONLY to those parts of a WHPA-Q2 which are also within an Issue Contributing Area for Sodium, Chloride or Nitrate. These areas are shown on the maps in the appendices ifi of the CTC Source Protection Plan and also will be provided by the Source Protection Authority in other formats upon request to municipalities or other planning approval authorities. This requirement is intended to ensure that any risk management measure that is implemented to maintain recharge does net create a threat to source water quality. For example, infiltration of stormwater containing road salt in an Issue Contributing Area for Sodium or Chloride is a significant drinking water threat and subject to policies SWG-11 and SWG-12. The CTC Source Protection Committee has included Part 2 (c) of this policy for clarity to ensure that an implementing body does not inadvertently approve an activity to protect water quantity that is a threat to water quality. The intent of Part 3) is to ensure municipalities evaluate planned growth against recharge reduction at a large scale and only proceed if the planned growth will not result in new significant drinking water threats. Once feasibility of the growth is confirmed, development proponents are subject to Parts 1) and 2) of this policy which are site-specific. Page 11 of 11 The Toronto & Region Source protection Area Estimated Livestock Density in Significant Groundiivater Recharge Areas Legend Livestock Density 4p less than 0.5 Nulacre ▪ 0,5-1.0 Nulacre le greater than 1.0 Nulacre Transportation Network - Provincial Highway Major Roads - Municipal Boundary 2 1 0 2 4 s 1 10 1-4 s— i )(tome IRS [e] C.pynghLThese( b ReoIon Sours. Froleceoe Are., 201L Soon.: TRA. Zit& dMrl Spatlq, 2010; ELLER 2010. Thlam.p has been preemie to m.el Meter( requirement. une.r ihe Clean Wafer/tel., 2000 .nd .101U0 0.110ee for elh.r porno.... ONLY alleetarouliallon wllri 1e dapon,Wle e.nvda4on eulh01J& 0(.ource ptAl.cllpn aulhorll) The ..sloes used le meduc. W. map Wes an bout leala0)e htessesew es et She 421001 piemap. Friedel sheuid 0. ghpn 0 fee Specific information selectee is xeerleeC0.4', xc.plM .01.nlife protocols when being used red bins 1'DRINKING WATER SOURCE PROTECTION CT ape [Ste( mraTE.-1/4, eonseriiation i9>Ontario y�pr,,;,xay The Toronto & Region Source Protection Area Uxbridge - Managed Lands in Significant Groundwater Recharge Areas yiT • - rf v r 1.1•1,114. Aurora 0 li w `; r Adjala-Tosarontio + Yf - ;-'r� t' Wh€Gehurch �i`bw.�!'• • Y. • rj •� �, X74 Mono ��. ; = r ^ •r �.. �^ Stouf il'i1;u. s��. - j : 1 .1.'''. i'-�:5.c:`4 t �W4 n,Y ©� _ Qt y_ 1 4y. - jf 9 •��� „7[ , r '' �,;l,�s:;..,;i: �Yi•• - '- ....--• . ..-^. . y }. .� . +,r -^vie •:i ..` s -' M" I ` . ' �• ji ,.0 '� �� ` '' a,f . 1 :; i� L 1 l , .- �, t �f, a hrnunrl'1 �"• :, Y`4 \ �Hill� a + stm .+ . tat 4 : 4= . a ro Ajax : rr 1 iA . 0 ' �I 4if II\ L \ r � 1 4 . .qt . �w • '1• .. 1 L1 \ /. +•fir•. r/ S. 1 Ls \ Si .-;.". .. -1 LV 100,11. -rampmnN 111 41141/4110411 . ill" Legend Percent Managed Land Loss than 40% rx_i 40 to 80% Grealer than BO% Transportation Network �' Provincial Highway - Major Reads Municipal Boundary 11,1411 3f . x+ 0 < s e 1 J \/ N./ 4 .NSX' ..a. <0( ,-..." - Ni. 41 vi 1 1 • \ p f -k 1. ©- -�� : i -- - r 1, �. lib e 1 ' l r��r " r 1 �r�: �. Lake Ontario � � r r4l.me1r.5 lry.c6pyrgntTaranto a Raglan Source Pror.won nr...zo+a. source: TRCA.201E; OMTI SpadaL 2010 WM, 2010. e Tr. map ho Ow prepared Io E. *proakelY regolrem.d under ma Olean WYE AOL 2006 and should he used for ohm' Wrp.aea ONLY Enat conEdidirrertY001 a6 reap.nable lane llan aolhorhyor lae pror6l.c11un auN6rly. 1116 ratyds used ro pro:ucamu map TOtes.. bent avats0le Mcrmalan as or the 66re or Pre map. Phi anweh 5116 spocoo Wor n.oe celerte6 In aocm6ce b aenpled ulmure protocols When hiring used bT Oslo Wr66s6>. a.• Mississauga / \' DRINKING WATER r,QIJRCE PROTECTION - acs FOE oLIAN WATER ���95 Conservation - Ontario 6.11,.1..6ire+, _---._„_...____ — M13 The Toronto & Region Source Protection Area Significant Groundwater Recharge Areas Legend Vulnerability Score 2 (Low) MI 4 (Mod) a {High) Transportation Network - Provincial Highway - Major Roads -�- Municipal Boundary x 1 0 2 4 s e fo Iaemeues ie! Cepydphr_ 701.nto A Rippe S 0r:. Prel.Rlen A0e4_20f0. Suez.: TAT -A, 2014 elan 0pa1/.r, 2010; MN R. 2010. Thls rev ha. bran pr...r.d Ircguirrnmnts =dm 0ie Clain Wale Ail, 2000. d .heuld be used rpt dliu pUrpe.ea ONLY Me, eonsullatlon *XI to r..pen.lble eense icon auVIOMyar lour. pn[.cllon .uMerlry. Ths alalyr. toad to Preduea rebs map Mlles on o.rtawlable nwmrauon as Mr dre da1ea me map. P>lpdryshould trc piwn ID Oa sp.clnc Ie1OPpallon cdeel.d In aeemd.nee wtlh .ee.p.d sNennnc pmIOCW.rm.n bmg used (mew Purpwn. ISoouRcE PROTECTION RCS fon CLEAN WATcO Canaer tion i Ontario The Toronto & Region Source Protection Area Uxbridge Significant Groundwater Recharge Areas using rule 44 (1) and Threshold by TRSPA Jurisdiction ;r -k' � � ' r Au-- rora T '.x.; r• Adja]a - Tosorontio 1 T •!• e'` ` rx, 1 1 r _ . , si.134--.:: ,. �j Mono r`a _— `.� l * �= . .:y ,wiiittHurc'h x 4"• q • ��1 �- yTar�i I' ••` - 'r1• 4 '!<.-.0-4'.• 1,T -11;111,c rL •:: �ti5� �+. �y:'+ fit^?• .: �f f°� '�. �r?as;C•�'''' yo- �i E •+ 1 _ .. '+ T, 4-- , L•,:� _ +t•' �.�' ,�-. tib••_- v •fir r' , ^� ''''. `4; rrj�,.. .,:s' - mg '•- L• 4 ' 5.. '- - , . •' �5 � t • , ' r rl, •.'..- ,? .: 4 .' ri ce r L ;Y� i 5 ' •1 . _ a don J' • r .y . �� �. -f . •• �'�� i •L��• m0 , . A .. - ' }J i. ri _. -:1.• c:': .. .,:yy .•.' . '-�. ~ IY Zr • =1 ••. 7 . t ,mb + _ is" S . fir" ? �4• f r ?. ruF ►' l T' ��•-.l r..Z -Sf•�ti M'• _ ."S{_{,+. _��•'.q,`'��, `+t' �il� w'' . 3 7 `'P rx.'", �ryr A, � rl CrL+ •• • - r � �( r' • .E tiJ ' Ni �lr /♦ • .;'!.. • OW :S:xc••Y•:,� . ;` ' s3 �y f 3 a b _ `s'�� aY. •`'fig. s 4 t` ra y ' =P tri s ��� !�" P1RlfEIl I1.�. , • {' Y1 5 r!r . .1.,:e:r; • yF `� .. , f .'• 'C. S. ��� :d ,� iie i � _ .r t - .:' -'" Legend Significant Recharge Greater than 150 mmlyr' and 275 mmryr" High :500 - Low :iso Transportation Network �� ProvinciaLHighway Major Roads — Municipal Boundary'• SGRAITresholdfor Terl made! ••9GnA threshold rorTlst 3 model \fX, r � ¢� � 2 t 0 2 4 fi ! 10 % r 7 G•1 .:: 4 •. 111. , �� ' . ek '! i 'k R `AlT- •�•j{+Y : • S•• ♦ ' ~t name EMS F ;q depyrgh+.7uvnwartrinon SWr[e ammdmnArw,xoTe, Seism TRCA, 2018: OAITI SPitle1. MIX /ARR. OM r rarer erwelnOvule map ear 6 e P parreeAeL.2 �. -I. yM ^��.�� ` II,e.'- ] y- ^,"f / '� �. *1 • N J �/d, ' ` "-;- _ _ '�•y' G ' • • �A"r - • �� it L • r: • "� t � •� fake Qnrario A� ,� b azedregeti t aha under the Chan Worm Act, 3006 and Ovule IQ 6r YseO pr deer and 0 porpos. ONLY ager eonsldtallan 1tife ieeeempemlhre bon authority or amen proAeren wlharih, Ile anilYa/s Wed Le pr:ducted. map Telles en 4r#realatte F6ormOttdn asof me crate a} ala rasp. Mork, should he Alvan w IJ sllgapaWee Inrpnnsl-vl whew in secwd h th snPlad adenGrc eneReols when twAV geed lar eVe: purpwee- Mississauga _ +i' PRINKING WATER SOURCE PROTECTION . ecr Foie cLaee. WA URN, t Conservation 1>Ontario The Toronto & Region Source Protection Area Simulated Average Annual Groundwater Recharge•lmmlyr) Legend Average Annual Recharge (mmlyr) High : 500 Low: 0 Transportation Network ^�• Arovincial Highway - Major Roads - Municipal Boundary 2 1 0 2 4 6 6 10 - r ---e Mama= t til CaryrIghL Tannic# Fiala Source Proleeelon Aram. 20111.. Swvea: TRCA, 2016; OMIT Spada1.2010; MNR. 2010. Thlamq has Lean mama to meayovndl raparre nls u n044 014 Clwn Warerhel, 2006 and amid by Waal 101 616r purpnw OlOLY aler 4446,616Yoo *60 Ne relperMCle eal6a'M1i0 1610ooty or.ow.. prateslipe aufbOrlly, Yho analysis used Ie prelim. 4116 min Mlles on best amiable nlarmaton as dote 6616 of the ma. PrkdLy sheula Be given a alto w.doe Lrremlannn 9049114.011 4x0100114e wan ' males! .o.ntirc prokcNs when ban, aaae far ober purpclea DRINKING WATER SOURCE. PROTECTION ACT r0 94E41. 6r4766 ConaernaUon�r�arlb A*'�1.M4 GU The Toronto & Region Source Protection Area Tier 3 Mtldel Average Annual Evapotranspiration (mmlyr) Legend 1=1, WHPA Q1/Q2 (Moderate Risk Leve!) FT Major Watershed Actual Evapotranspiration (mmlyear) 111 High : BOO - Low : 0 --- Provincial Highway — Major Reads —+-•• Municipal Boundary 2 1 0 2 4 6 a 10 1pornetres R! Cppyllghr.TpNnloa:Reglon 50066 PN1ee11011 Neo. 2218. SRW.: TRCA,2016; 2MTESpadll, 2012; MN a. 2212. This map hai aaap prapir40 to Moet pro...Z*0 r.pulramenrs undo.. lh. Clean WaruAcl, 2206 and Mudd h. used (orpner 5Wpesea OIELY alga co*lrlircn *101 16. reapenaa1a anary.rvaliun Who* or mime prolapuen au0criat The Who*sle u.40 reprndW& 1pn map rape on best aualable iiforrn elan ao eine dale of 111e. map. Prlaa).100011 he 2�lrn tit silo apaeille hfmma0an colonic! In a:cordona with a,o.pl.d .denUC4 pronneclawhen being ulee for oRer porpoan. DRI NK1NG WATER{ SOURCE PROTECTION ACT FOR CLEAR WATER et Carrser ation Ontario rst The Toronto & Region Source Protection Area Tier 3 Model Average Annual Precipitation (rim/yr) Legend WHPA Q1IQ2 (Moderate Risk Level) r: Major Watershed Precipitation (mm/year) IIIHigh : 959 III Low : 750 - Provincial Highway - Major Reads ^+� Municipal Boundary 2 1 0 2 a�6 a 10 !®./metres Ip cepysot. reroute E Raglan Source Pmteelen Arae, 2016. 00C:'RCA, 2016f our Spatial. 2010; 100:1,20110, Tula map Loa Gen pr.pan4 to meet wealndat requiem ang .der fhe Caen WateAcl, 2000 sed Mould be used forclh.r ph1peeas ONLY.ffer eenau0rien wIN the re•penfa'1e amaarvaryep aulnorityw .ourC. p/derian .ullwlfq. The arahrala mad fowl:Pe . Pill map ref/men east avaraale hfMmallen a. ef lea dale dale map. PrIeypy shN1d Le pkan 4 spa sp.dna Sfmnati0 C0A.ctad In alCvrdmea with ateaptad adeelfre prefer -eta when ealnp mad fey emea DRINK1NG WATER SOURCE PROTECTIOIN ■CT .OR CLEAR .10110 Cause aeon Ontario ,e.mau:armr The Toronto & Region Source Protection Area Tier 3 Model Average Annual Recharge (mm/yr) Legend D • I N -IPA QI/Q2 (Moderate Risk Level) 1 Major Watershed Groundwater Recharge (mmlyear) Hlgh : 500 III Low : 0 �• Provincial Highway -- Major Roads —� Municipal Boundary 11 P 2 4�6 6 10 r� reWmr61m f lel Capyd8;16.1 to A Ra010n SGprea Fmlatllan p.a. 2018. Scare.: TRCA, 2614 MTI Sp.LA 2012 MNR. 2816. 7nlsmap ha1 lama Arapxred la mast prorleciat ngWr.m.ns umar Clean WaterAeL 2886 and .h0410 0. used forah0r purpo..s ONLY ea CGMUIWtlem with Na respenatde eenaarwuoe atdeodtyw sours. pr0l.0 m wme0ly. Tho matysls mass re produce Nis m; ransom tart .0.1161. gfixmaam as aMe 0ite el the map. RlcrlrystooN be given 1106 xpaelhc hformarlon ed1.c1.d 11 accordance w101 seepad a0.nt2ic proloCda rrII en being )sed for ether pumossa DRINKING WATER SOURCE PROTECTION ACT >:e0 CLC0R warOR♦ conservation Ontario la '04 LI -Mm Co The Toronto & Region Source Protection Area Ter 3 Mode{ Average Annual Runoff (mmlyr) Legend WHPA Q1/QZ (Moderate Risk Leve[) Major Watershed Accumulated Cascade Runoff (mmlyear) III High BOO Low : C Provincial Highway Major Roads Municipal Boundary 2 1 0 2 4 6 0 10 r~ — lppmet eS [c1 COp0.0000,T tc a R00100 5010104 Prplrtllan Arae, 2010. Sauree;TRCA,201$: COATI Spada, 2010: 1400.2010. 716 map hes hem prepared it meal prceineY requkamenly ue0ee Me Clean W&t&rOcl. 2006 and 1lmuI0 be used for dhtr purposes ONLY Oar tOnsolt.den with the re&poeelele cpnlenmetn authmiy or source weeded authollity. The analysts Wed 10 WOOL.. NM map mason east reelable F.}00nallee es of tut dile of the map. grimily anpek he Ow, h alit amide. h boasted eole1102 In accordance trim aeeepled etiroliat prolate& when being Lase fpr ewer W9oses. DR! NKINC, WATER SOURCE PROTECTION AlT 10e CLEAN WATER t't Conseniation 5.Qntario T+T8c13rYeCtte The Toronto & Region Source Protection Area Impervious Surfaces in Significant Groundwater Recharge Areas Legend Percent Impervious Less than S% 1%to8% Greater than 8% but less than 80% Transportation Network - Provincial Highway - Major Roads - Municipal Boundary 2 1 0 2 1 a 16 r -r Kilometres I0)Caplet / l:went, dr. Fieckes Sesta F10000onMoe, 2615. Swr .: TEMA, 2070; DMTI Spatial, 2010: MN R. 2010, Tho map hog boon propend to moot ltoufnciil nee cements under tem Clean Water Act. 2006 and ,1apuld ert eaed Pot 001.0 WI/MOM ONLY afterconaultaden ]n Ms rerpondale eooserwricn autlwrily or source pre1ecli01 Mnadty. nit a .aly.fa UScd to produce this map cedes nn rex aveiaele h}dmalbe es or the dale of the. map. Pdodh) 000ole be gluon b oda 'cecina information cob:Med In accerde ce raft arc.piW Stf.01Yic ptotocolaw0an bans used for other 1 SOURCEi PROTECrIION ACr 00. CLL.M WAieit sansei titian • Ontario CO t , ,v� lr - "��__J Uxbridge Scugog II 1 --4 ..- AdJala - rf j -. �� Cfarfngtan TQsorontio , 1 `! I� .A�urorr .� ' •� ,..L.." VY Mono -. hitchurch l �. i .r• .« S[Quftrrille ., sa Ama 1.-R ti- Fling 'I :��Y' .- • itby Oshawa �� Richmond lam- Wh --- -f ,-•Cafedon Hili Man[a . Pickering -0-� East +f.1l� AJ3z LW� `� Vaughan r-J l Garafra ajoA I S*411141X . '4 I Erin Frampton of f Toronto Halton �- - Hllls t f ....., T ... ... .....„,:..7, ...„..... ,....,.: _,....., ._„,,,....-e.........y.,.... Mlssis5a•4{Ja Milton lin ilaRVIl l- Legend - WHPA- 0 Boundary - WPA- Oowngradienr Lige - - Zane WH A Trans Network The CTC'Source Protection Region t AIH PArJ- doWngrSCfEeftLne 5� 25 0 5 i0 56 DRINKING WATER, SOURCE PROTECTION 0 partition B — Provincial Highway = C Municipal Boundary o , CTC Watershed -E Lake - ��------- Ivienneres �I J0r me,.creswrxP.oixbnReponaoir, Sonne:-TnCA,at 7:oun spaCu.P77s:IINR, .]it;1T0T--eeuc, 41, 'Mkmanna% Been weevil U isnot Vpwlc6l require wen B:=derdie Clean WarerAn,2305 a n1 nneWi be mien hr oder pap.anQBDY afar meatriurnnwith the reanna'.mnnrwaldnMendryveyarnpie]Kffin'suWNpC.Ins leisela weed to;minx nth :nap rete];mina aq nit la in 6r rden as et fie dale ohne map•P ryryabned 6B Man m ageapevre erdmamcw'iv7 in minerdan4 kir 3cnyledadamMe prerne4wfee & use, forphb Mims..�T ACT ? CLEAN WATER -Al cm„' ��c,T/'� r. q • Lign,nan. 4 d^" �Jf ll,.pii0 "•`lCvn>ser atinn ��'a�. + r;Nq vats pp, ATTACHMENT # 1 TO REPORT # Detailed Review of the Proposed Amendments to the CTC Source Protection Plan 1. CTC Source Protection Plan's Impact on the City of Pickering The CTC Source Protection Plan (CTC SPP) is a list of policies and programs to protect current and future sources of municipal drinking water (drinking water wells and water supply plants) from contamination and overuse. The Lake Ontario based Ajax Water Supply Plant, which is operated by the Region of Durham, is the City's source of municipal drinking water. Implementation of policies within the CTC SPP addressing drinking water threats to the Ajax Water Supply Plant is the responsibility of the Ministry of Environment and Climate Change and the Region of Durham. The City of Pickering does not have any municipal drinking water wells; however, there are portions of the City that are within the area of influence (Wellhead Protection Area) for two municipal drinking water wells in the Town of Whitchurch-Stouffville. A Wellhead Protection Area (WHPA) is a vulnerable area on the land around a municipal drinking water well that is delineated to protect water quality or water quantity. WHPAs for water quality are determined by how much time, measured in years, it takes water to travel underground to the well. Time of travel, which is influenced by a number of factors, including slope of the land and type of soil, is an indication of how quickly a contaminant (e.g., pesticides, sewage, organic solvents, etc.) can move from a WHPA into a municipal drinking water well. The Clean Water Act, 2006 (CWA) requires a standard 100 -metre radius circle around each municipal drinking water well; this is called the WHPA-A. The CWA also requires the delineation of further zones; specifically a WHPA-B (2 -year time of travel), WHPA-C (5 -year time of travel) and WHPA-D (25 -year time of travel). WHPAs for water quantity are determined differently than vulnerable areas related to water quality. Areas around drinking water wells to protect water quantity are referred to as WHPA-Q1 and WHPA-Q2 (WHPA-Q). Activities in the WHPA-Q which take water without returning it to the same source or which reduce recharge to the aquifer are considered threats to water quantity. Land within a WHPA is scored basedion its level of vulnerability (high, medium, or low). Additionally, depending on the activity and where it is taking place within the vulnerable area, a threat could be a significant, moderate or low drinking water threat. 1.1 Protection of Water Quality The CTC SPP identifies twelve properties in Pickering as being within the WHPA-B, C and D for a municipal drinking water well located in the Town of Whitchurch-Stouffville (see Exhibit 1). Properties within these WHPAs are located in the Oak Ridges Moraine Conservation Plan Area; are designated as "Countryside Area" and "Oak Ridges Moraine Natural Linkage Area" within the Pickering Official Plan; and zoned "Oak Ridges Moraine Agricultural" and "Oak Ridges Moraine Environmental Protection" in By-law 3037. Lands within these WHPA-B, C and D areas are generally associated with moderate or low drinking water threats. Page 1 of111 1 W hitch u rch-Stouffvii le I WIMM11[1:1I1114111Wtl!Aft II 1 A i i 1 We11 3 Q Well 1 Welt norm! IIIlIA111111e1111hImIDrIIumai61Rq(a611iIIs1IRio1l Markham Uxbridge afa.1. Municipal Boundary Federal Lands l Assessment Parcels WHPA 1 Zone D Zone C Zone B - Zone A • Well Pickering 1� PICKER1NG City Development Department Significant Groundwater Quality Threat Areas - Whitchurch-Stouftville (Wells 1, 2 and 3) Map Layers: Wellhead Protection Area (WHPA) Zones A -D from the: CTC Source Protection Plan (December 31, 2015) }�p„L S CtLE COPES OF T11LS PLAN ARE AVAILASLE fDR VIEWING AT /WE CRY OF P%7fER:HG crry DEA -LVPW Hr DEPMTLF1l1 DATE: MW 14. 2018 seoiV u04091.0ad Peal -1110M — l• t!q! ux3 WHPA) for the Protection of Water Quality 33 7o. - =o ATTACHMENT # TO REPORT #N •- 1.2 Protection of Water Quantity The CTC SPP also delineates Wellhead Protection Areas to protect for water quantity. Exhibit 2 illustrates areas in northern Pickering that are within the York -Durham WHPA- Q1/02 (York -Durham WHPA-Q). Lands within the York -Durham WHPA-Q are located in Pickering's Rural System; are designated as "Countryside Area", "Oak Ridges Moraine Natural Linkage Area", "Oak Ridges Moraine Natural Core Areas" and "Natural Areas" within the Pickering Official Plan; and predominately zoned "Oak Ridges Moraine Agricultural", "Oak Ridges Moraine Environmental Protection" and "Agricultural" in By-law 3037. Lands within the York -Durham WHPA-Q are identified as being a moderate threat area. 2. City's Implementation of the CTC Source Protection Plan CTC SPP policies written to protect sources of drinking water, which fall within a WHPA-A, B, C or D, were developed to primarily address significant drinking water threats. As noted in Section 1.1, the WHPA-B, C and D which extend into the City of Pickering are associated with either a moderate or low threat. As such, under the CTC SPP, the City of Pickering is not required to implement any policies related to the protection of water quality within the Official Plan. Through an agreement between the Region of York and the Region of Durham, the Region of York has assumed enforcement related to activities that may be a threat to water quality within any WHPA (associated with a municipal drinking water well in the Region) that extends beyond the Region of York municipal boundary. As such, all planning applications and building permit applications within any of the WHPA-B, C and D zones in Pickering are to be circulated to the Region of Durham for submission to the Region of York and review by their Risk Management Official. City Development staff are aware of this requirement and have been screening applications to determine whether they are within the WHPA-B, C and D zones in Pickering. CTC SPP policies with regard to the protection of water quantity in the York -Durham WHPA-Q were developed to address significant and moderate threats. As noted in Section 1.2, the WHPA-Q lands identified in Pickering are a moderate threat. As such, Pickering is required to implement the REC-1 and DEM -2 policies. In addition to these two policies, the City is also required to implement a general policy (GEN -1) from the CTC SPP. These three policies, summarized below, will be implemented during the City's next municipal comprehensive review of the Official Plan: • GEN -1 (General -1) Policy: This general policy establishes the framework for the review and approval of proposed activities that may be a drinking water threat.. • REC-1 (Recharge -1) Policy: This policy manages activities that reduce recharge to an aquifer and applies to future threats in a WHPA-Q with a significant or moderate risk level. This policy requires proposed development to maintain pre -development recharge to the greatest extent feasible through best management practices. • DEM -2 (Demand -2) Policy: This policy manages activities that take water from an aquifer without returning the water to the same aquifer. This policy applies to new development in a WHPA-Q with a significant or moderate risk level. This policy only permits new development if it does not require a new or amended Permit To Take Water (PTTW). However, the Ministry of the Environment and Climate Change may approve new development that requires.a new or amended PTTVV, if it has determined the activity would not become a significant water quantity threat. Page 3 of1'101 Municipal Boundary York Durham WHPA - EI - Emma ORM Boundary Federal Lands EDRouge National Park Assessment Parcels PICKERING City Development Department Significant Groundwater Quantity Threat Areas - York -Durham Map Layer: York -Durham Wellhead Protection Area Q1/Q2 (WHPA-Q) from the: LTC Source Protection Plan (December 31, 2015) FLf.LSCALE COPIES OF TN IS PLAN ARE AVAILABLE FOR VIEWINGAT THE CRY OFPICKERING crw OEVELOPW rIr DEPARTMENT. DATE May 14, 201E? # 1NJWHOVi1V �TCHMEPT#,_ �_ TO REPORT {1 d�`�� l /8 _ 3. CTC Source Protection Plan Process for Amendments The CWA enables source protection plans to be revised either through a locally initiated amendment; through a minister ordered amendment; through a comprehensive review of the source protection plan; or for minor and administrative revisions. As a result of comments from municipalities with regard to challenges in implementing some of the CTC SPP policies, the CTC Source Protection Committee authorized the formation of an Amendments Working Group to develop recommendations for amendments to the CTC SPP as a locally initiated amendment. Prior to conducting public consultation on a locally initiated amendment, the CWA requires that proposed amendments be endorsed by the Council of each municipality affected by the amendments. A municipality may be considered "affected" if it is located within a geographic area related to the amendments, and/or the municipality is responsible for taking actions or otherwise implementing source protection policies related to the amendments. The CTC Source Protection Committee is undertaking pre -consultation with affected municipalities from April through to June 2018 and has requested Council endorsement of the proposed amendments by June 29, 2018. The CTC Source Protection Committee expects to conduct broader consultation with the public in July and August 2018. If, through public consultation, there are significant changes to the proposed amendments that would impact the City, the CTC Source Protection Committee will notify the City to determine whether further consultation or Council endorsement is required. 4. Proposed Amendments to the CTC Source Protection Plan The following is a summary of the proposed amendments to the CTC SPP and the Toronto & Region Assessment Report that directly affect the City; and comments on the proposed amendments' implications for the City. 4.1 Amendments to Transition Provision Transition provisions in the CTC SPP speak to the circumstances under which a future drinking water threat, that would otherwise be prohibited, may be considered an existing threat. The provisions recognize situations where an applicant has either obtained an approval -in -principle to proceed with a development application, or where a complete application was made prior to the date the CTC SPP came into effect. Feedback from municipal staff revealed uncertainty regarding the applicability of the transition policy in relation to when a Water Balance Assessment would be required and in relation to a planning approval authority's ability to use a certain level of discretion. As such, proposed amendments clarify that an application submitted after the CTC SPP came into effect, but which is tied to an application submitted prior to the Plan coming into effect, may continue to consider proposed threat activities as existing. An example of this is when a Zoning By-law Amendment application is deemed complete prior to the date the CTC SPP came into effect, but the related Site Plan application is submitted after the CTC SPP came into effect. In this situation the same proposed threat activities in the Site Plan application continue to be considered existing. The proposed amendments also clarify when a Water Balance Assessment is needed for transitioning applications. The proposed amendments further specify that, based on the scale and location of development, the planning approval authority has a certain level of flexibility regarding water balance requirements. Page 5of115 ATTACHMENT # / TO REPORT # Implication for the City: The proposed amendments provide the municipality with greater discretion in determining when a Water Balance Assessment may be needed. City Development staff support this proposed amendment. 4.2 Amendment to Official Plan and Zoning By-law Conformity Timeline Currently, municipalities are required to amend their official plans to conform with the CTC SPP within 5 years from the date the CTC SPP takes effect (i.e., December 2020). Several upper tier municipalities within the CTC Source Protection Region communicated that achieving the December 2020 timeline for CTC SPP conformity will be difficult given the requirement to also conform with the Growth Plan, 2017 by July 2022. The upper - tier's ability to meet these timelines also impacts the lower tier municipality's ability to meet the same timeline. Municipalities further communicated that completing conformity with the CTC SPP and the Growth Plan, 2017, in unison, would be more time and cost effective. As such, proposed amendments will now require municipalities to bring their Official Plans into conformity with the CTC SPP at the time of their next municipal comprehensive review. Implication for the City: The proposed amendment provides the City with a more realistic timeframe for implementing the CTC SPP. City Development staff support this proposed amendment. 4.3 Amendment to Restricted Land Use Policy (GEN -1) Policy GEN -1 manages existing and future activities within vulnerable areas where the activity is, or would be, a significant drinking water threat by requiring Risk Management Officials to screen applications for works proposed under the Planning Act, the Condominium Act, and the Building Code Act, excluding residential uses. Risk Management Officials in the CTC Source Protection Region communicated that policy GEN -1 had ambiguity regarding their ability to determine when site-specific land uses are, or are not, subject to review under the CWA. The proposed amendment clarifies that Risk Management Officials have the autonomy to determine the site specific land uses that are, and are not, subject review under the CWA. Implication for the City: The proposed amendment does not affect the City's implementation of the GEN -1 policy. City Development staff support this proposed amendment. 4.4 Amendment to Planning Policy to Protect Groundwater Recharge (REC-1) and Creation of Downgradient Line for the York -Durham WHPA-Q 116 REC-1 is a policy that manages future threat activities, in a WHPA-Q, that could reduce recharge to an aquifer and potentially affect the water levels in municipal drinking water wells. The policy requires development (excluding development of one single detached dwelling) to conduct a Water Balance Assessment. The policy also requires some new development to implement best management practices, such as low impact development, in order to maintain pre -development recharge. Page 6 of 11 ATTACHMENT # T© REPORT f IL/La-Le The REC-1 policy applies to land within the York -Durham WHPA-Q. The York -Durham WHPA-Q was delineated using a conservative approach that resulted in an area that extends far beyond the actual radius of influence of the municipal drinking water wells to, in some cases, areas that obtain municipal water from Lake Ontario. Some lower tier municipalities within the Region of York noted that implementing the REC-1 policy presented challenges for intensification projects supported by the Growth Plan, 2017 that would otherwise be supported by municipalities and Conservation Authorities, but that cannot match pre -development recharge rates. As such, the Toronto and Region Conservation Authority (TRCA) developed a downgradient line, south of which development would not have an effect on the municipal drinking water well supplies (see Exhibit 3). Proposed amendments to the REC-1 policy clarify that, within the York -Durham WHPA-Q, a Water Balance Assessment is required for major development north of the proposed downgradient line and may be required for development on land south of the downgradient line, subject to the planning approval authority's discretion. Implication for the City: The proposed amendments to the REC-1 policy and the addition of a downgradient line within the York -Durham WHPA-Q results in less land area within Pickering being subject to a Water Balance Assessment. City Development staff support this proposed amendment. Page 7 of17 Exhibit 3 — York-Durham WHAP-Q Downgradient Line 3> C) alke m C The Toronto S Region , Source Protection Area 1. EAo *. Area south of Downpradient Line within the WHPA-01 Boundary V+NAA Q - cawngradient LI:.. �Ep1.- 40- 1 1 where the revised REC-1 policy will applyLegend N�CC mil..." mil...nr ze 00.5v''Ilklier. Boundary �� 1101111'wi-IPA-Q O�rstN , It ii. ir [jJ 8 _ c Clown g radient Line s ____________,I iPc.t 0%00 1 ^r+ WH PA • 0 9a untlary Area south of Dowrtgradlent Lineler- within the MIPA•Q1 Boundary where the revised REGI policy wilt apply ra n F p o G t�tl W:[PA-0 DoWneralyrnl LNle - 1 H,pYi t i1 x CONCE 51 CI 1-0 iL 407ill . x i. z -I r monk. V]t.01^91 Vaud A.pw Sw.p Broielw. Ani. XII Uwe.: i11G12111. MIN 5..g.1MO. 131nl. 01 t We,...pp.. 14 0. 1..lW'..*d1.cwt ..aki J -y. 1 sewM,tr1:TN.. w... . rms.r....- l �lr..Iw1 ¢.ti.wo _inµ' .-]w.now. s ...IMM1.AT. e. Pnm-1 .n,.1C.. �.a+ ..dc, .y. re.. ,.........• ••••• . c... 1ae..v< w....,...n.. el:, e>�r.....• "-- 011111111161116 _, Sou RCE DRINKIRogow Laky anrarlo 491 • r]�. �CorWa iilon Qntano �4 J Exhibit 3 — York-Durham WHAP-Q Downgradient Line 3> C) alke m C ATTACHMENT # TO Prr PORI 4.5 Revised Significant Groundwater Recharge Area Mapping In 2017, the TRCA became aware that parameters used to map Significant Groundwater Recharge Areas (SGRAs) that were incorporated into the Toronto & Region Assessment Report (July 2015) were based on initial versus final recharge rates. As such, the TRCA ran a new model that generated revised outputs based on the final recharge rates. These outputs are considered to be the best available representation of current average annual conditions. This resulted in revised mapping and a new threshold for SGRAs. Ten SGRA maps have been revised and are proposed for inclusion in the Toronto & Region Assessment Report. The new threshold for SGRAs has resulted in the proportion of SGRAs in the City of Pickering increasing by about 24% (see Exhibit 4). Implication for the City: The City is required to include mapping of Significant Groundwater Recharge Areas within the Official Plan. Protection of the hydrologic function of these areas is to be undertaken through conformity to the water resource policies of the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. The City of Pickering Official Plan includes mapping of Significant Groundwater Recharge Areas and is in conformity with the Greenbelt Plan, 2005 and the Oak Ridges Moraine Conservation Plan, 2002. The additional land in Pickering identified as Significant Groundwater Recharge Areas in the revised mapping is predominately located within the Oak Ridges Moraine, other natural areas, and agricultural areas. Current City of Pickering Official Plan policies require proposed development within or adjacent to a Significant Groundwater Recharge Area to prepare a hydrogeology and water budget study. These studies will now also be required for proposed development within or adjacent to these additional lands. City Development staff do not have any concern with the revised Significant Groundwater Recharge Area mapping. The City of Pickering Official Plan will be brought into conformity with the proposed revisions to Significant Groundwater Recharge Area mapping, as well as the revised water resource policies in the Greenbelt Plan, 2017 and Oak Ridge Moraine Conservation Plan, 2017 at the next municipal comprehensive review of the Official Plan. Page 9 of11119 L 6 c O L abed The Toronto & Region Source Protection Area Change in Significant Groundwater Recharge Areas Legend _ sGRA- emelt+Jimmied to m70 SGRA - exam r Ir 2614 1 flaw t., lei t¢glmt•.fl.Rpo+ar.inn. NS.xii. sm.w_sr..t 6I71 Spa. "J1R /Mk 2C.O. lir sir rr Raw.. ..n.. i....p[.l e.yws raw •• Cara rrr.d PM we u_wrsmog r Mohr irw+wal.>'.i�.o..wll... r•.nrdon ea+a rblrV, The Alli•• vwlY halo:.mlrt.. ni.. W 1/Atan DI M nap Aerlves .. w MM 11.M ii lna •.TiAG Fina11�1 oaliaimY.aCWII...Y K.qM qWINC.NOC•lbWON i.M ma Yir DRINKING WATER SOURCE PROTECTION ... 0.14.1.111.1.1%, Conservatian !f' OM2�io Exhibit 4 — Change in Significant Groundwater Recharge Areas 0 b n CrL 'TTAC-fMMCNT # I TO 1:PORT # N_iF3--1 4.6 Amendment to Moderate and Low Threat Policies for the Application of Road Salt (SAL-10 and SAL-12) The SAL -10 and SAL -12 policies recognize that the application and storage of road salt are activities that can result in chloride and sodium moving easily and rapidly into and through aquifers and as such encourage the preparation of a salt management plan. The proposed amendments ensure that the SAL -10 and SAL -12 policies are applicable in all relevant vulnerable areas. Implication for the City: Through the agreement between the Region of York and the Region of Durham, noted in Section 2, the Region of York will implement the SAL -10 and SAL -12 policies through their review of development and building permit applications within the WHPA-B, C and D that extends into Pickering. Additionally, municipalities are required to consider implementing the SAL -10 policy in their Official Plans to address the application of road salt within Significant Groundwater Recharge Areas and Highly Vulnerable Aquifers. As the preparation of a salt management plan is a best practice, City Development staff support this proposed amendment. Page 11 of11211 C! of DICKERING Report to Planning & Development Committee Report Number: PLN 20-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP -2017-02 Zoning. By-law Amendment Application A 05/17 9004807 Canada Inc. (Stonepay) Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547 Recommendation: 1. That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Draft Plan of Subdivision Application SP -2017-02, submitted by 9004807 Canada Inc. on lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, to establish four blocks for residential use, a 0.62 of a hectare block for a village green, a block for a stormwater management pond, a block for a local road (Street 'A'), a block for a Type 'C' Arterial Road (Palmer's Sawmill Road), and a block for a collector road (Tillings Road extension), as shown on Attachment #5 to Report PLN 20-18, and that the Local Planning Appeal Tribunal grant draft plan approval of the draft plan, subject to the recommended draft conditions as set out in Appendix I to Report PLN 20-18; 2. That the Local Planning Appeal Tribunal be advised that the City of Pickering supports Zoning By-law Amendment Application A 05/17, submitted by 9004807 Canada Inc. to implement the Draft Plan of Subdivision SP -2017-02 and to facilitate a residential condominium development, and that the Local Planning Appeal Tribunal approve the zoning by-law amendment set out in Appendix II to Report PLN 20-18; 3. That the community benefits to be provided by 9004807 Canada Inc. through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, Plan 40R-28547, be approved by the Local Planning Appeal Tribunal as set out in Section 9 of the Zoning By-law Amendment; That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with 9004807 Canada Inc. to secure funding for the future construction of the village green within the Draft Plan of Subdivision SP -2017-02, as outlined in Report PLN 20-18 prior to site plan approval for the first phase of development, in accordance with Section 37 of the Planning Act R.S.O. 1990, on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; That the Director, Corporate Services & City Solicitor and staff be authorized to attend a Local Planning Appeal Tribunal Pre -Hearing Conference, and any subsequent hearings, to support Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17 as endorsed by Council; and 122 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 2 6. That the Director, Corporate Services & City Solicitor be authorized to sign Minutes of Settlement which include the proposed Zoning By-law Amendment and Conditions of Draft Plan Approval on the City's behalf, subject to such other revisions as are acceptable to the Director, Corporate Services & City Solicitor. Executive Summary: The purpose of this report is to obtain Council's endorsement of Draft Plan of Subdivision Application SP -2017-02 and Zoning By-law Amendment Application A 05/17, submitted by 9004807 Canada Inc. ("Stonepay"), to implement a residential condominium development consisting of a mix of stacked Units, back-to-back stacked townhouses and street townhouses on lands located north of Third Concession Road, south of Dersan Street, east of Tillings Road and west of Brock Road (see Location Map, Attachment #1). On December 1, 2017 Stonepay filed appeals to its applications for Draft Plan of Subdivision and Zoning By-law Amendment to the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board) on the basis that the City did not make a decision on the applications within the prescribed timelines as set out in the Planning Act. A pre -hearing conference is expected to be scheduled for late summer or early autumn 2018. Should Council approved the above -noted recommendations, the applicant and the City will prepare minutes of settlement and mutually request the Local Planning Appeal Tribunal to approve the minutes of settlement at the pre -hearing conference. The applicant has revised their proposal in an effort to resolve key concerns identified by the City, the Region and TRCA prior to the pre -hearing conference (see Revised Draft Plan of Subdivision and Revised Conceptual Site Plan, Attachments #5 and #6). The key revisions include: • reducing the total number of dwelling units from 764 units to 726 units • increasing the size of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocating the village green adjacent to thehydro corridor to provide for an integrated and larger open space system • introducing 62 three-storey street townhouses • eliminating a local road south of Palmer's Sawmill Road • improving internal circulation, site design and layout The applicant is requesting the use of the Bonus Zoning policies of the Official Plan, which allow City Council to permit an increase in density not exceeding 25 percent of the permitted density in return for the provision of specific services, facilities or matters. The applicant is proposing an increase of 22 units over the permitted maximum density of 80 units per net hectare. In return for the increased density, the applicant will be providing a community benefit in the amount of $260,300.00 to be used towards enhancing the park features in the new village green located within the proposed draft plan of subdivision. City Development staff are in support of the revised concept plan submitted by Stoneypay. The revised concept plan is consistent with the policies for the Duffin Heights Neighbourhood and represents logical and orderly development. In addition, the enhancement of the new village green within the proposed draft plan will benefit the existing community and the future residents. 123 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 3 Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment and request that the Local Planning Appeal Tribunal grant approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix II. Staff also recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the pre -hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. The applicant is requesting the use of the Bonus Zoning policies of the Official Plan for increased density in return for a $260,300.00 contribution to be used towards enhancements within the proposed village green., 1. Discussion '1.1 Property Description The subject lands are located north of Third Concession Road, south of Dersan Street, east of Tillings Roadand west of Brock Road within the Duffin Heights Neighbourhood (see Location Map, Attachments #1). The subject lands have an area of approximately 12.42 hectares. The site is presently vacant and the trees along the westerly portion of the property within the established development limits have been removed following issuance of a Topsoil Removal, Fill Placement, Erosion and Sediment Control Permit (see Air Photo Map, Attachment #2). Surrounding land uses include: North: Abutting the subject lands to the north is a hydro corridor, and woodlots on the north and south side of Dersan Street owned by Infrastructure Ontario. To the northwest is the City's Operation Centre and a residential, subdivision consisting of detached, semi-detached and townhouse dwellings. East: Immediately to the east (along the west side of Brock Road) are vacant lands for which the City has received three development proposals. Adjacent to the hydro corridor, applications submitted by Duffins Point Inc. have been approved for a 14,000 square metre commercial development, which is presently under construction. North of Palmer's Sawmill Road, applications submitted by Madison Brock Limited, have been approved for a residential condominium development consisting of various stacked dwellings and street townhouses. Immediately to the north of Madison Brock Limited, the City has received applications submitted by Brock Dersan Developments Inc., proposing a residential condominium development consisting of street townhouses, back-to-back stacked townhouses and two apartment buildings. South: Immediately to the south is a hydro corridor, and further south is the Third Concession Road. 124 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 4 West: To the west are valley lands associated with Ganatsekiagon Creek and an existing stormwater management pond, which serves the north-western portion of the Duffin Heights community. 1.2 Applicant's Original and Revised Proposal The applicant has submitted applications for draft plan of subdivision and zoning by-law amendment to facilitate a residential condominium development consisting of a mix of stacked townhouses, back-to-back stacked townhouses and street townhouses. The zoning by-law amendment also requests a density bonus to increase the maximum allowable density, in exchange for the provision of a community benefit. The original draft plan of subdivision proposed four development blocks for residential use consisting of 764 stacked and back-to-back stacked townhouse units. The original plan also included: two park blocks; a stormwater management block; two new local roads; an arterial road (Palmer's Sawmill Road); and a collector road (southerly extension of Tillings Road) (see Original Draft Plan of Subdivision and Original Conceptual Site Plan, Attachments #3 and #4). Proposed Blocks 3 and 4 (residential blocks) and Block 5 (village green) also fronted onto a new north -south local road (Four Season Lane) to be constructed by Madison Brock Limited. Through collaboration between City staff, external agencies and the applicant, a revised concept plan has been submitted that addresses a number of concerns with respect to: the overall design and layout of the proposal; the location and size of the village green; refinements to public roads; building setbacks and separation distance; and pedestrian connectivity (see Revised Draft Plan of Subdivision and Revised Conceptual Site Plan, Attachments #5 and #6). Specifically, the following key changes have been made to the original proposal: • reducing the total number of dwelling units from 764 units to 726 units (a reduction of 38 units); • increasing the land area of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocating the village green to be adjacent to the hydro corridor to provide for an integrated and larger open space system • introducing 62 three-storey street townhouses • eliminating a local road south of Palmer's Sawmill Road • reducing the length of townhouse blocks and increasing the building separation between certain blocks to accommodate pedestrian walkways • reconfiguring the internal private roadway network and refining building locations to reduce retaining walls and restrict grading works to be within the development limits • relocating some visitor parking spaces to eliminate potential circulation conflict The table below provides a comparison of the development details between the original concept plan and the revised concept plan: 125 Report PLN 20-18 Subject: 9004807 Canada Inc. (Stonepay) June 18, 2018 Page 5 Details of the Applications Original Plan Revised Plan Total net developable area 8.77 hectares 8.81 hectares Total net density 87.1 units per hectare 82.4 units per hectare Total Number of Units proposed 764 units 726 units Stacked Townhouses 516 units 564 units Back -to -Back Stacked Townhouses 248 units 100 units Street Townhouses None 62 units Total Number of Visitor Parking Spaces 160 parking spaces (0.2 spaces per unit) 147 parking spaces (0.2 spaces per unit) Within the four residential blocks, the applicant is proposing four different types of townhouses. The table below outlines the differences between the four types of townhouses and the parking ratio for the different townhouse units: Type Housing T olo yP gy Unit Width (metres) No. of Units Parking Ratio Type `A' Stacked Townhouses 9.3 321 2 spaces per unit (one space in a private garage and one space on a dedicated driveway) Type 'B' 12.6 243 Type 'C' Back-to-back Stacked Townhouses (Rear Loaded — vehicular access at the rear of the dwelling units) 6.5 100 1.66 spaces per unit (some units will have parking spaces within driveways/garages, and some will be located in nearby designated surface parking spaces) Type `E' Street Townhouses 5.5 62 2 spaces per unit (one space in a private garage and one space on a dedicated driveway) 126 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 6 2. Comments Received 2.1 September 5, 2017 Public Information Meeting and Written Comments A Public Information Meeting was held on September 5, 2017 at which no members of the public attended the meeting to voice their comments regarding the proposed residential development. No comments have been received from the public as a result of circulation of the public notice of the applications. 2.2 City Departments and Agency Comments 2.2.1 Region of Durham • no objection to the proposal subject to the conditions of draft approval of the plan of subdivision provided • the proposed townhouse development is consistent with the policies of the Provincial Policy Statement that encourage the efficient use of land, infrastructure and planned public service facilities • the applications comply with the objectives of the Growth Plan • the Regional Official Plan designates the subject lands as "Living Areas", which are intended to be used predominantly for housing purposes with a mix of housing types, sizes, and tenure • sanitary sewer servicing is available to the subject site to service the proposed development from the existing sanitary sewer located on Tillings Road; however, the sanitary sewer design as proposed in the Functional Servicing Report shall be revised to allow potential sanitary sewer connections, and sewage flow from a portion of the future mixed use development and proposed commerical development on the west side of Brock Road to alleviate flow to the Duffin Heights Sanitary Sewer Pumping Station • water supply to the proposed development will be provided through the extension of Valley Farm Road, to be named Palmer's Sawmill Road, and extending the existing 300 mm watermain westerly within the new right-of-way • the Region recommends the overall design for municipal servicing be coordinated and agreed to by all parties prior to finalizing the Functional Servicing Report • as a condition of approval, the Region requires the owner to submit for review and approval, a revised acoustic report, and requires all recommended noise control measures to be included in the subdivision agreement • as a condition of approval, the Region will require a completed Reliance Letter and Certificate of Insurance to extend reliance to the Region for the Environmental Site. Assessment Reports and the Landfill Impact Assessment • as a condition of approval, the Region requires the Ministry of Tourism, Culture and Sports clearance letter indicating all cultural heritage resource requirements at the site have been met 127 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 7 2.2.2 Toronto and Region Conservation Authority (TRCA) • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • TRCA has reviewed the proposal and provided technical comments on the hydrology, stormwater management and drainage to ensure the criteria of the Duffin Heights Environmental Servicing Plan are met • as a condition of approval, the owner shall provide $85,415.00 plus HST to the City, representing the owner's contribution to compensate for the loss of 5.5 hectares of vegetation on-site which shall be used in combination with City of Pickering funding in agreement with TRCA for the purpose of installing enhanced reforestation on 5.5 hectares of public lands within the Duffins Creek watershed within the City of Pickering • an edge management plan shall be prepared and implemented for lands along the western property line • a restrictive covenant shall be placed over the rear yards of all blocks created adjacent to provincially -owned valley lands to the west and shall have the effect of prohibiting the removal of fences along the lot line of all subject development blocks and the installation of gates or other access through the fences along the lot line of all development blocks 2.2.3 City of Pickering Engineering Services Department • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • the owner shall satisfy all requirements, financial and otherwise of the City of Pickering including, among other matters, the execution of a subdivision agreement between the owner and the City concerning the provisions and installation of roads, stormwater management facility, services, grading, drainage, utilities, construction management, parkland dedication, fencing, noise attenuation and other matters 2.2.4 Hydro One Networks Inc. (HONI) • no objections to the proposal subject to the conditions of draft approval of the plan of subdivision provided • subject property is abutting onto a HONI high voltage transmission corridor • HONI requires the owner to discuss all aspect of the development design and ensure all the HONI's technical requirements are met to it satisfaction and acquire the applicable agreements 2.2.5 Durham Catholic District School Board • no objections to the proposed development • students from this development will attend St. Wilfrid Catholic Elementary School located at 2360 Southcott Road and St. Mary Catholic Secondary School located at 1918 Whites Road 128 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 8 2.2.6 Durham District School Board • no objections to the proposed development • should he proposed development proceed prior to the opening of a school in the Duffin Heights Neighbourhood, students generated from this development can be accommodated in the system in existing schools 3. Planning Analysis 3.1 The revised proposal is consistent with the Duffin Heights Neighbourhood Policies and Development Guidelines The Duffin Heights Neighbourhood policies of the Pickering Official Plan require a broad mix of housing by form, location, size and affordability within the neighbourhood. New development is required to demonstrate how the proposal is consistent with the Duffin Heights Environmental Servicing Plan (ESP) to the satisfaction of the Region, City and the TRCA. As a condition of approval, the landowners are required to become a party to the cost sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefitting landowner has made satisfactory arrangements to pay its proportion of the shared development costs. The Duffin Heights Neighbourhood Development Guidelines provide design objectives for the neighbourhood. The Tertiary Plan identifies the lands as residential. The intent of the Guidelines is to further the objectives of the Official Plan and to achieve the following: • an accessible pedestrian -oriented residential areas, distinct in character and harmonious with the larger neighbourhood • a streetscape which is attractive, safe and encourages social interaction with the neighbourhood • a central focus to the neighbourhood which is safe, lively and attractive • a diversity of uses to support neighbourhood and City functions, and • a mix of housing types, forms, affordability and tenure on a variety of lot frontages The revised draft plan of subdivision and concept plan conforms with the Duffin Heights Neighbourhood policies and Development Guidelines. The revised draft plan provides for a larger village green relocated adjacent to the hydro corridor and woodlot creating a continuous parks/open space system that will be a central focal area for this neighbourhood. To ensure early delivery of the village green, and coordinate construction with works in the adjacent hydro corridor, the applicant will be required to include Block 5 (the village green/parkland) in the first phase of registration of the plan. The revised concept plan also provides for a greater mix of housing types consisting of three different types of housing forms including stacked townhouse, back-to-back stacked townhouses and street townhouses with a variety of unit widths and building heights. The overall design and layout of the revised concept plan facilitates a pedestrian -oriented residential development by creating an attractive urban streetscape along public roads, allowing for convenient pedestrian circulation through an enhanced internal pathway connections, improved internal vehicular circulation and additional landscaped areas. 1 29 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 9 Through the site plan approval process, staff will continue to work with the applicant to further review detailed urban design and architectural matters in accordance with the Duffin Heights Neighbourhood Development Guidelines including: building location and siting; internal pedestrian circulation and connections; internal landscaping, location of visitor parking spaces; architectural design; and location of community mailboxes and water meter rooms. 3.2 The applicant's request meets the Bonus Zoning provisions of the Official Plan The Pickering Official Plan designates the subject lands as "Urban Residential Areas — Medium Density Areas" within the Duffin Heights Neighbourhood. The permitted residential density range for Medium Density is over 30 units and up to and including 80 units per net hectare. The proposed development will result in a density of approximately 87 units per net hectare, which is not within the permissible density range. The applicant has made a request for Bonus Zoning (Density Bonusing) to allow for an additional 22 units, an approximate three percent increase in density. Section 37 of the Planning Act authorizes municipalities with appropriate Official Plan provisions to pass zoning by-laws for increases in height or density beyond what is permitted by the zoning by-law, in return for the provision by the applicant of community benefits. The City's Official Plan contains such policy provisions which permit City Council to pass by-laws that grant an increase in height of a building or an increase in density not exceeding 25 percent of the density permitted by the Official Plan providing: •, the density or height bonus is given only in return for the provision of specific services, facilities or matters as specified in the by-law, such as but not limited to: additional open space or community facilities; assisted or special needs housing; the preservation of heritage buildings or structures; or the preservation of natural heritage features and functions • when considering an increase in density or height, and allowing the provision of benefits off-site, the positive impacts of the exchange should benefit the social/cultural, environmental and economic health of surrounding areas experiencing the increased height and/or density • the effects of the density or height bonus have been reviewed and determined by Council to be in conformity with the general intent of the Official Plan, by considering matters such as: • the suitability of the site for the proposed increase in density and/or height in terms of parking, landscaping, and other site-specific requirements • the compatibility of any increase in density and/or height with the character of the surrounding neighbourhood, and • as a condition of granting a density or height bonus, the City requires the benefiting landowner(s) to enter into one or more agreements, registered against the title of the lands, dealing with the provision and timing of specific facilities, services or matters to be provided in return for the bonus 130 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 10 The applicant's revised proposal of 726 units is a 3 percent increase over the permitted maximum density of the of "Urban Residential Areas — Medium Density Areas" designation of 80 units per net hectare. Based on a review of the bonus zoning best practices from other GTA municipalities and recently approved request for density bonusing by Madison Liverpool, staff propose that the applicant's contribution be determined as a reasonable portion of the increased value resulting from the increased density. The increased value'can be determined as the difference between the current appraisal of the property and the property value resulting from the increased density. Several municipalities use a range of 20 to 35 percent of the increase in land value to determine the applicant's contribution. This range has attained a level of acceptance within the development industry. The cost for the City to design and construct village green and the future soccer pitches within the abutting hydro corridor is estimated to be approximately $600,000.00. The applicant has prepared and submitted a land appraisal report, prepared by Wagner, Andrews & Krovacs Ltd., dated May 9, 2018, to assist in determining the cash contribution for the community benefit in exchange for an additional 22 dwelling units. Based on a reasonable portion of the increased land value resulting from the increased density, the applicant has agreed to a cash contribution required for the community benefit of $260,300.00. This contribution represents 35 percent of the increase in land value, which is within the range generally accepted by the industry. As required by the Official Plan Bonus Zoning policies, it is recommended that the implementing zoning by-law specify that: • the applicant provide a cash contribution to the City in the amount of $260,300.00 for the capital improvement towards an enhanced village green located within the draft. plan of subdivision, and • the required agreement between the owner and the City will be registered on title of the subject lands and will specify the amount of the capital cash contribution provided by the applicant, and will specify the improvements to be undertaken with the contribution money The applicant has worked collaboratively with the City. Several iterations of the concept plan were prepared to ensure that the additional increase in density satisfactorily addressed the City's objective of exhibiting quality urban design; providing the required parkland dedication to serve the Duffin Height's Neighbourhood; conforming to the Duffin Heights Neighbourhood policies and Design Guidelines; and satisfying the requirements of the City, the Region and the TRCA. The proposed development is considered good planning, and the increase in the maximum density in return for the provision of community benefit, is appropriate. Staff intend to develop, for Council's consideration, a policy and associated procedures for the approach described above to implement the Bonus Zoning policies of the Pickering Official Plan. 131 Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 11 3.3 Tree Compensation On February 24, 2017 the City issued a Topsoil Removal, Fill Placement, Erosion and Sediment Control Permit to remove the trees along the westerly portion of the subject lands within the established development limits. TRCA has advised that the forested area that was on the property was a 5.5 hectare section of a larger woodland that is over 20 hectares in size. The applicant has agreed to provide a financial compensation in the amount of $85,415.00 plus HST to the City for the loss of vegetation on-site. The funds will be used in combination with City of Pickering and TRCA for the purpose of installing enhanced reforestation on 5.5 hectares of public lands within the Duffins Creek watershed within the City of Pickering. 3.4 Future parklands west of Brock Road in the Duffin Heights Neighbourhood City Council Resolution #323/17 directed staff to work with developers and agencies to plan and provide appropriate outdoor recreation areas/parks in the Duffin Heights Neighbourhood. As noted earlier in this report, the applicant has increased the land area of the village green (park block) from 0.48 of a hectare to 0.62 of a hectare, and relocated the village green to be adjacent to the hydro corridor in order to provide for an integrated and larger open space system. The City intends to enter into a long term lease of hydro corridor lands to the west of Brock Road for playing fields and a soccer pitch. In addition, a public school with outdoor playing fields is anticipated to be located on the decommissioned City Operations Centre. Surplus City -owned land from the Operations Centre site, not required by the school board, is also anticipated to be developed for public park purposes. These planned improvements will increase the parkland available to existing and future residents living to the west of Brock Road. 3.5 The applicant is required to become a party to the Duffin Heights cost sharing agreement or pay their proportionate share of the development costs The owner has been made aware of the requirement within the Duffin Heights Neighbourhood Policies to become a party to the cost sharing agreement for Duffin Heights or receive an acknowledgement from the Trustee of the Duffin Heights Landowners Group Inc. that the benefiting landowner has made satisfactory arrangements to pay its proportionate share of the development costs. A condition of draft approval addresses this requirement. 3.6 Technical matters will be addressed as conditions of subdivision approval and through site plan approval 132 Site plan applications will be required for each block of development. Detailed design issues will be dealt with through the subdivision agreement and site plan approval process. These requirements will address matters such as, but not limited to: • construction management/erosion and sediment control • stormwater management Report PLN 20-18 June 18, 2018 Subject: 9004807 Canada Inc. (Stonepay) Page 12 • noise mitigation measures • drainage and grading • site servicing • building design • landscaping • resident, visitor and accessible parking spaces • waste management collection • location of Community Mailboxes • preparation and review of the detailed design of municipal road; and • securities for the construction of municipal road and stormwater management facility 3.7 Council is requested to support the conditions of draft plan approval and draft zoning by-law amendment for presentation to Local Planning Appeal Tribunal (LPAT) Over the past few months, both staff and the applicant have addressed various issues, many of which in turn have been resolved through the attached conditions of draft plan of subdivision and draft zoning by-law amendment. Staff recommend that Council endorse the submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment applications and request that the Local Planning Appeal Tribunal grant draft plan approval of the draft plan, subject to conditions of approval as set out in Appendix I, and approve the zoning by-law amendment as set out in Appendix II. Staff also"recommend that Council authorize the Director, Corporate Services & City Solicitor to attend the Pre -hearing conference and any subsequent meetings, and be authorized to sign Minutes of Settlement on the City's behalf. Appendices: Appendix I Recommended Conditions of Approval for Draft Plan of Subdivision SP -2017-02 Appendix II Recommended Zoning By-law Provisions for Zoning By-law Amendment A 05/17 Attachments: 1. Location Map 2. Air Photo Map 3. Original Draft Plan of Subdivision 4. Original Conceptual Plan 5. Revised Draft Plan of Subdivision 6. Revised Conceptual Site Plan 133 Report PLN 20-18 June 18, 2018 Subject; 9004807 Canada Inc. (Stonepay) Prepared By: Approved/Endorsed By: ✓ t/ Cristina Celebre, MCIP, RPP Princ.0 al PInner, Development Review Nile S, rti, 111QCIP, RPP Catherine Rose, MCIP, RPP Chief Planner Kyle Bentley, P. Eng. Manager, Development Review & Urban Design Director, City Development & CBO Page 13 CC:NS:Id Recommended for the consideration of Pickering City Council UU� tla,ge 4, 2018 Tony Prevedel, P.Eng. Chief Administrative Officer 134 Appendix I to Report No. PLN 20-18 Recommended Conditions of Approval for Draft Plan of Subdivision SP -2017-02 135 Recommended Conditions of Draft Approval June 18, 2018 Plan of Subdivision: SP -2017-02 9004807 Canada Inc. (Stonepay) (Part of Lots 19 and 20, Concession 3, and Now Parts 1 to 5, 40R-28547) City of Pickering General 1. That the Owner shall prepare the final plan, and shall include a land use table, generally on the basis of the approved draft plan of subdivision prepared by The Biglieri Group Ltd. identified as Project No. 15336 for lands being Part of Lots 19 and 20, Concession 3, and Now Parts 1 to 5, 40R-28547 City of Pickering, which illustrates 4 blocks for residential development (Blocks 1, 2, 3 and 4), 0.62 hectare village green (Block 5), stormwater management pond (Block 6) and roads (Street 'A', Tillings Road and Palmer's Sawmill Road). Region of Durham 2. That the Owner shall prepare the final plan on the basis of the approved draft plan of subdivision, prepared by The Biglieri Group Ltd., identified as Project No. 15336, dated March 27, 2017, which illustrates 4 blocks for 726 townhouse units, a village green block, a stormwater management pond block and roads. 3. That the Owner shall name road allowances included in this draft plan to the satisfaction of the Region of Durham and the City of Pickering. 4. That the Owner shall submit plans showing the proposed phasing to the Region of Durham and the City of Pickering for review and approval if this subdivision is to be developed by more than one registration. That the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the Region of Durham. 6. That the Owner shall submit a Record of Site Condition (RSC) Compliant Phase One Environmental Site Assessment (ESA) for the subject site. The findings of the Phase One ESA could also necessitate the requirement for an RSC Compliant Phase Two ESA and an RSC through the Ministry of the Environment and Climate Change, accompanied by any additional supporting information. Prior to final approval, the Owner must provide a completed Regional Reliance Letter and Certificate of Insurance to support the RSC Compliant ESA report(s). 7. That the Owner shall submit to the Region of Durham, for review and approval, a revised acoustic report prepared by an acoustic engineer based on projected traffic volumes provided by the Region of Durham Planning and Economic Development Department, and recommending noise attenuation measures for the draft plan in accordance with the Ministry of the Environment and Climate Change guidelines. The Owner shall agree in the Subdivision Agreement to implement the recommended noise control measures. The Agreement shall contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 136 Recommended Conditions of Approval (SP -2017-02) Page 2 9004807 Canada Inc. (Stonepay) 8. That the Owner shall provide the Region of Durham with an archaeological clearance letter from the Ministry of Tourism, Culture and Sport for WSP Canada Inc.'s report entitled, Stage 1 Archaeological Assessment, dated December 10, 2014, and Archeoworks Inc.'s report entitled, Stage 2 Archaeological Assessment, dated August 25, 2015. 9. That the Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region of Durham, and are to be completed prior to final approval of this plan. 10. That prior to entering into a subdivision agreement, the Region of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 11. That the Owner shall satisfy all requirements, financial and otherwise, of the Region of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. Subdivision Agreement. 12. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to the conditions outlined in this document. 40M -Plan 13. That the Owner submits a 40M -Plan to the satisfaction of the City Development Department. Zoning 14. That the implementing by-law for Zoning By-law Amendment Application A 05/17 becomes final and binding. Street Names and House Numbers 15. That street names and signage be provided to the satisfaction of the Region and the City. 16. That house numbers are assigned as per the City's addressing conventions. Development Charges & Development Review Inspection Fee 17. That the Owner satisfies the City financially with respect to the Development Charges Act. 137 Recommended Conditions of Approval (SP -2017-02) Page 3 9004807 Canada Inc. (Stonepay) 18. That the Owner satisfies the City with respect to payment for development review and inspection fees. Dedications/Transfers/Conveyances 19. That the Owner conveys to the City, at no cost: i. road allowances, Street 'A', Tillings Road and Palmer's Sawmill Road along with the proper corner roundings and sight triangles to the City and any other easements as required; ii. 0.3 metre reserve(s) as required by the City. Stormwater 20. That the Owner satisfies the Director, Engineering Services respecting interim storm drainage and stormwater management measures for the drainage of Street 'A', Tillings Road and Palmer's Sawmill Road as well as any off-site drainage to the satisfaction of the City. 21. That the Owner satisfies the Director, Engineering Services that all stormwater management, and erosion and sedimentation control structures are operating and will be maintained in good repair during the construction period for Street 'A', Tillings Road and Palmer's Sawmill Road. 22. That the owner satisfies the Director, Engineering Services to implement all water balance/infiltration measures identified in the approved Duffin Heights Environmental Servicing Plan and Functional Servicing and Stormwater Management Report. 23. That the owner shall prepare and submit a detailed design and maintenance plans for the stormwater management facility to the satisfaction of the Director, Engineering Services. 24. That prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to the Toronto and Region Conservation Authority (TRCA) and the City of Pickering for review and approval: a. A revised FSSR consistent with the Duffin Heights ESP as approved by.the TRCA and City of Pickering. b. The FSSR shall include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate stormwater management practices to be used to treat stormwater to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design and maintenance plans for any stormwater management facilities; 138 Recommended Conditions of Approval (SP -2017-02) Page 4 9004807 Canada Inc. (Stonepay) iv. an Erosion and Sediment Control Plan, consistent with the Erosion and Sediment Control Guidelines for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; v. location and description of all outlets and other facilities which may require a permit pursuant to Ontario Regulation 166/06, as amended; vi. plans illustrating how the design of the stormwater management facility considers wildlife passages and innovative design features such as wetland forebays and outlets. c. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating among other matters how all vegetation in the natural heritage system will be protected from grading and construction impacts. d. A landscape plan for Block 6 (stormwater management facility). Grading 25. That the Owner satisfies the Director, Engineering Services respecting submission and approval of a grading control plan for Street 'A', Tillings Road and Palmer's Sawmill Road. 26. That the Owner satisfies the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis for Street 'A', Tillings Road and Palmer's Sawmill Road. 27. That the Owner satisfies the Director, Engineering Services respecting authorization from abutting landowners for all offsite grading. Fill & Topsoil 28. That the Owner acknowledges that the City's Fill & Topsoil Disturbance By-law prohibits vegetation or soil disturbance, vegetation or soil removal or importation to the site unless a permit has been issued. No on-site works prior to draft plan approval is permitted. A Fill & Topsoil Disturbance Permit will be required should vegetation removal or grading works proceed prior to the subdivision agreement being executed. Construction/Installation of City Works & Services 29. That the Owner satisfies the Director, Engineering Services respecting the submission of appropriate engineering drawings for Street 'A', Tillings Road and Palmer's Sawmill Road that detail, among other things, City services, construction of roads with curbs, storm sewers, pedestrian walkways/sidewalks, boulevard design, lot grading, streetlights, fencing and tree planting, and financially secure such works. 30. That the Owner satisfies the City respecting arrangements for the provision of all services required by the City for Street 'A', Tillings Road and Palmer's Sawmill Road. 31. That the Owner satisfies the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services for Street 'A', Tillings Road and Palmer's Sawmill Road. 139 Recommended Conditions of Approval (SP -2017-02) Page 5 9004807 Canada Inc. (Stonepay) 32. That the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the Owner for Street 'A', Tillings Road and Palmer's Sawmill Road. Phasing & Development Coordination 33. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the Region of Durham and the City. 34. That if this subdivision is to be developed by more than one registration, Block 5 shall be conveyed to the City as part of the first registration. Easements 35. That the Owner convey to the City, at no cost, any easements as required, and any reserves as required by the City. 36. That the Owner conveys any easements to any utility provider to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility provider. 37. That the Owner arrange at no cost to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after draft approval. That the Owner satisfies the Director, Engineering Services with any required on-site or off-site easements for works, facilities or use rights that are required by the City. Construction Management Plan 38. That the Owner make arrangements with the City respecting a construction management plan. for Street 'A', Tillings Road and Palmer's Sawmill Road, such Plan to contain, among other things: 140 i. details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the City's Erosion & Sediment Control Guideline for Urban Construction; ii. addressing the parking of vehicles and the storage of construction materials during servicing and construction of Street 'A', Tillings Road Extension and Palmer's Sawmill Road, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on existing streets; iii. assurance that the City's Noise By-law will be adhered to,and that all contractors, trades and suppliers are advised of this By-law; iv. the provision of mud and dust control on all roads within and adjacent to the site; v. type and timing of construction fencing; vi. location of construction trailers; and vii. details of the temporary construction access. Recommended Conditions of Approval (SP -2017-02) Page 6 9004807 Canada Inc. (Stonepay) Fencing 39. That the Owner satisfies the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 40. That the Owner agrees to submit a landscape fencing plan, to the satisfaction of the Director, Engineering Services. This plan shall include a 1.5 metre black vinyl chain link fence on the southwest limit of the village green (Block 5) and the north limit of the stormwater management facility (Block 6). 41. That a restrictive covenant be placed over the rear yards of all lots created adjacent to Block 5 (village green) and Block 6 (stormwater management facility). The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot lines of development blocks; and 2) the installation of gates or other access through the fences along the lot line of all development blocks. Landscaping 42. That the Owner submits a tree preservation/street tree planting plan to the satisfaction of the Director, Engineering Services. This is to include boulevard plantings along Street 'A', Tillings Road and Palmer's Sawmill Road, as well as an edge management plan along the protected woodlot west of Tillings Road. Engineering Plans 43. That the Owner satisfy the City of Pickering respecting arrangements necessary to provide for coordination of services and roads with adjacent lands. Parkland Dedication 44. That the Owner shall convey to the City Block 5 (village green — minimum 0.62 of a hectare) at no cost and in a physical condition acceptable to the City for parkland dedication, to the satisfaction of the City, in order to satisfy Section 42(1) of the Planning Act, as part of the first registration of the plan. Fire 45. That the Owner agrees that no development will proceed on any lands until adequate services are available including adequate water pressure to the satisfaction of the City's Fire Services Department. 141 Recommended Conditions of Approval (SP -2017-02) Page 7 9004807 Canada Inc. (Stonepay) Duffin Heights Cost Sharing 46. That the Owner satisfy, to the satisfaction of the City of Pickering, all matters required by the Duffin Heights Environmental Servicing Plan, including but not limited to the following: i. Functional Servicing and Stormwater Report; ii. Monitoring Report; iii. Compensation Report; iv. Fish Habitat Restoration Fund contribution; v. Watershed System Monitoring and Management Fund contribution; and vi. Adaptive Management Fund contribution. 47. That the Owner satisfies the City with a letter from the Trustee for the Duffin Heights Landowners Group Inc. acknowledging that the Owner continues to be a Participating Owner pursuant to the cost sharing agreement for Duffin Heights and that the Owner has made all payments due under the said cost sharing agreement. Toronto and Region Conservation Authority 48. That prior to the initiation of grading, and prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall submit the following to TRCA and the City of Pickering for review and approval: a. A detailed Stormwater Management Report to include a detailed design for the storm drainage system for the proposed development including: i. plans illustrating how this drainage system will tie into surrounding drainage systems and stormwater management techniques which may be required to control minor or major flows; ii. appropriate Low Impact Development stormwater management practices to be used to treat stormwater, to mitigate the impacts of development on the quality and quantity of ground and surface water resources as it relates to terrestrial and aquatic habitat; iii. detailed design, thermal mitigation and maintenance plans for any stormwater management facilities; iv. an Erosion and Sediment Control Report and Plans, consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007), as amended; b. Revised Water Balance calculations and, if required, mitigation measures. c. Overall grading plans for the lands within the Draft Plan of Subdivision illustrating, among other matters, how vegetation within 10.0 metres of the west property boundary on Blocks 2 and 6 will be protected to the extent practical from grading and construction impacts. 142 Recommended Conditions of Approval (SP -2017-02) Page 8 9004807 Canada Inc. (Stonepay) d. An Environmental Impact Study and detailed plans for the Tillings Road extension, to TRCA satisfaction. e. Landscaping plans for Block 6 (stormwater management facility). 49. That the Owner shall provide a letter of credit to the City of Pickering for the full cost of the landscaping identified in Condition 48(e). 50. That the Owner shall obtain all necessary permits required pursuant to Ontario Regulation 166/06, as amended, prior to registration. 51. That the Owner shall enter into an agreement with the TRCA committing to undertake a monitoring program of the sensitive reach GGC-2 (Ganatsekiagon south of Rossland Road), if necessary, to TRCA's satisfaction and prior to the issuance of any TRCA permits. 52. That the Owner shall provide a letter of credit to the TRCA for the full cost of the implementation of the monitoring program identified in Condition 51, prior to the issuance of any TRCA permits. 53. That prior to the registration of this Draft Plan of Subdivision or any phase thereof, the Owner shall provide $85,415.00 plus HST to the City. of Pickering, representing the Owner's contribution to compensate for the loss of 5.5 hectares of vegetation on-site, which shall be used in combination with City of Pickering funding in agreement with TRCA for the purpose of installing enhanced reforestation on 5.5 hectares of public lands within the Duffins Creek watershed within the City of Pickering. The amount of funds will increase every year by the cost of living allowance if not provided prior to the first anniversary of the date of approval of these conditions. 54. That the Owner shall revise the grading and servicing plans to maintain the vegetation within 6.0 metres east of the western property line to the extent possible, and prepare and implement an Edge Management Plan along this boundary to TRCA's satisfaction, prior to the issuance of any TRCA permits. 55. That the Owner shall provide a letter of credit to the TRCA for the full cost of the Edge Management Plan identified in Condition 54. 56. That the Owner shall install fences along the boundary of the development lots and adjacent provincially -owned valley lands to the west. 57. A restrictive covenant shall be placed over the rear yards of all blocks created adjacent to the provincially -owned valley lands to the west, concurrentwith or prior to registration. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development blocks; and 2) the installation of gates or other access through the fences along the lot line of all development blocks. 58.. That the Owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition 48. 143 Recommended Conditions of Approval (SP -2017-02) Page 9 9004807 Canada Inc. (Stonepay) b. To agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA. To design and implement on-site erosion and sediment control. To maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA. e. To obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA. To erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the. development blocks and the provincially -owned valley lands to the west. g. To implement all water balance/infiltration measures identified in the approved SWM Report. h. To commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land Owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: "The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings, household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." To agree that the City of Pickering will not assume the Subdivision until the TRCA provides written confirmation that the monitoring program of the sensitive reach GGC-2 and the Edge Management Plan has been completed to their satisfaction and that t the TRCA have released the letters of credit for same. 59. That the Draft Plan of Subdivision be red -line revised in order to meet the requirements of the TRCA's conditions, if necessary. This may include adjustments to the Block 6 (stormwater management facility), and/or the townhouse blocks to address outstanding technical issues. 60. That the Owner will be required to provide a TRCA clearance fee prior to TRCA clearing any of the Draft Plan conditions. The current clearance fee applicable to this proposal is $16,600.00 and is subject to change. 144 Recommended Conditions of Approval (SP -2017-02) Page 10 9004807 Canada Inc. (Stonepay) Hydro One Networks Inc. 61. That the developer must contact Maria Agnew.,HONI Senior Real Estate Coordinator at 905.946.6275 to discuss all aspects of the draft plan of subdivision design, and ensure all of HONI's technical requirements are met to HONI's satisfaction. 62. That prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Two copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. 63. That any development in conjunction with the subdivision must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 64. That at the developer's expense, temporary fencing must be placed along the easement corridor during construction, and permanent fencing must be erected where subdivision lots directly abuts the transmission corridor. 65. That the costs of any relocations or revisions to HONI facilities which are necessary to accommodate this subdivision will be borne by the developer. 66. That the easement rights of HONI and its legal predecessors are to be protected and maintained. Model Homes 67. • That the Owner enters into a model home agreement with the City, if applicable for this draft plan. All model homes must be in compliance with the approved site plan drawings. Other Approval Agencies 68. That any approvals which are required from the Region of Durham, the Ministry of Transportation or any utility for the development of this plan be obtained by the Owner and upon request written confirmation be provided to the City as verification of these approvals. Plan Revisions 69. That the Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of approval may require revisions to the satisfaction of the City, to implement or integrate any recommendation resulting from studies required as conditions of approval. 70. That the Owner revises the draft plan as necessary to the satisfaction of the City, to accommodate any technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include revising the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction. 145 Recommended Conditions of Approval (SP -2017-02) Page 11 9004807 Canada Inc. (Stonepay) 71. That the Owner agrees to implement the requirements of all studies that are required by the City for the development of this draft plan of subdivision to the satisfaction of the City. Notes to Draft Approval 1. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. This draft approval shall lapse three years from the date the draft approval has been granted if the noted conditions have not been fulfilled, or if it has not been extended by the City of Pickering. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Commissioner of Planning and Economic Development, Planning Division, Regional Municipality of Durham, 605 Rossland Road East, P.O. Box 623, Whitby, ON L1 N 6A3, 1.800.372.1102; (b) Toronto and Region Conservation Authority, Planning and Development, 101 Exchange Avenue, Vaughan, ON L14K 5R6, 1.888.872.2344. 5. Prior to final approval of this plan for registration, the Director, City Development & CBO for the City of Pickering shall be advised in writing by: (a) The Region of Durham, how Conditions 2 to 11, inclusively have been satisfied; (b) TRCA, how Conditions 48 to 60, inclusively have been satisfied; and (c) Hydro One Networks Inc., how Conditions 61 to 66, inclusively have been satisfied. 6. The transmission lines abutting this subdivision operate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 146 Appendix II to Report No. PLN 20-18 Recommended Zoning By-Iaw Provisions For Zoning By-Iaw Amendment A05/17 147 The Corporatio B Firof Pickering XXX/18 Being a By-law to amend Restricted Area (Zoning) By-Iaw 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, City of Pickering (A 05/17) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering to permit residential uses consisting of block townhouses and stacked townhouses, parkland and stormwater management uses; Whereas the Official Plan for the City of Pickering contains provisions relating to the authorization of increase in density of development; Whereas pursuant to Section 37 of the Planning. Act, a by-law under Section 34 of the Planning Act, may authorize increases in density (or height) of development beyond those otherwise permitted by the by-law in return for the provisions of such facilities, services or matters as are set out in the by-Iaw; Whereas Subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in density (or height) of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; Whereas the owner of the subject lands has elected to provide the facilities, services and matters hereinafter set out; And whereas the increase in density beyond that otherwise permitted on the aforesaid lands by By-Iaw 3037, as amended, is permitted in return for the provisions of the facilities, services and matters set out in this By-law, and will be secured an agreement between the owner of the lands and the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows; 1. Schedules I and II Schedules I and II to this By-Iaw with notations and references shown thereon are hereby declared to be part of this By-Iaw. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lots 19 and 20, Concession 3, Now Parts 1 to 5, 40R-28547, in the City of Pickering, designated "MU -MD -2', "NP" and "OS -NL" on Schedule I to this By-law. 148 By -110%8 3. General Provisions Page 2 No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Amenity Area" means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscaped area, but which may also include areas of decking decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. (2) "Balcony" means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. "Bay, Bow, Box Window" means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (4) "Building" means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (3) (5) "Build -to -Zone" means an area of land in which all or part of a building elevation of ane or more buildings is to be located. (6) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7) (a) "Dwelling" means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" means a residential unit that: 1) consists of a self-contained set of rooms located in a building or structure; ii) is used or intended for use as a residential premises; iii) contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv) is not mobile home or any vehicle, 149 (8) (9) (c) 18 Page 3 "Dwelling, Block Townhouse" means a residential use building containing three or more attached principal dwelling units divided vertically, and where all dwelling units are located on one lot and accessed from a private street, Janeway or common condominium aisle_ (d) "Dwelling, Stacked" means a residential use building of four or fewer storeys in height containing three or more principal dwelling units where the units are divided horizontally and vertically, and in which each dwelling unit has an independent entrance to the interior unit, "Front Wall" means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. "Grade" or "Established grade" means, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (1 0) 'Height, Building" means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. (11) "Landscaped Area" means an outdoor area comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles, private streets, driveways, porches, decks, and areas for loading, parking or storing of vehicles. (12) "Lane" means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a government authority. (13) "Neighbourhood Park" means a municipal public park. (14) "Parapet Wall" means the portion of an exterior wall extending above the roof. (15) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building; a basement may be located under the porch. (16) "Primary Entrance Door" means the principal entrance by which the resident enters or exists a dwelling unit. 150 X/18 Page 4 (17) "Private Garage" means 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. (18) "Storey" means 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. (19) "Street" mean a public highway but does not include a lane. Where a 0,3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle; however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (20) "Street, Private" means: i) a right-of-way or roadway, that is used by vehicles and is maintained by a condominium corporation; ii) a private road condominium, which provides access to individual freehold lots; iii) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; iv) a private right-of-way over private property, that affords access to lots abutting the private street, but is not maintained by a public body and is not a lane. (21) "Water Meter Building" means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. 5. Provisions ("MU -MD -2" Zone) (1) Uses Permitted ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Block Townhouse Dwelling (b) Stacked Dwelling (2) Zone Requirements ("MU -MD -2" Zone) No person shall within the lands zoned "MU -MD -2" on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: 151 By-law ,, XI18 Page 5 152 (a) Number of Dwelling Units: (i) Minimum number of dwelling units: 264 units (ii) Maximum number of dwelling units: 704 units (iii) Minimum number of Block Townhouse Dwelling units: 62 (b) Building Location and Setbacks: (i) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule 11 attached hereto. (ii) No building, or portion of a building, or structure shall be erected within the building envelope, unless a minimum of 60 percent of the length of the build -to -zone along the frontages of Street 'A', Palmer's Sawmill Road, Four Season's Lane and Tillings Road, as illustrated on Schedule 11 attached hereto, contains a building or part of a building. (iii) The separation distance between the front wall of a building or a dwelling where it faces the front wall of another building or a dwelling shall be a minimum of 11.0 metres. (iv) The minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 3.0 metres. (v) Despite Section 2(b)(1v) above, where a sidewalk is located between buildings or dwellings, the minimum separation distance between the exterior walls of buildings or dwellings, except for the front wall, shall be a minimum of 4.5 metres. (vi) Maximum length of a block of Townhouse Dwellings or a block of Stacked Dwellings shall be 51 metres. (c) Building Height (maximum): (i) Block Townhouse —12.0 metres (ii) Stacked Townhouse —14.0 metres (d) Parking Requirements ("MU -MD -2" Zone): The minimum parking rates for the uses permitted in a "MU -MD -2" Zone shall be provided in accordance with the following provisions: Unit Type Residential Rate Visitor Parking Rate (i) Block Townhouse A minimum of 2.0 parking spaces per dwelling unit a minimum of 0.2 of a parking space per dwelling unit (ii) Stacked Townhouse a minimum of 1.50 parking spaces per dwelling unit /18 Page 6 (e) Special Parking Provisions ("MU -MD -2" Zone): (i) Any vehicular entrance for an enclosed private garage shall be located a minimum of 6.0 metres from the private street that provides vehicle access to the private garage. (ii) Each parking space within a private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided; however, the width may include one interior step and the depth may include two interior steps. (iii) Each surface parking space, not within a private garage or on a driveway shall have a minimum width of 2.6 metres and a minimum depth of 5.3 metres. (iv) No parking lot or parking space shall be permitted within 4.5 metres of a street. (v) The minimum right-of-way width for a private street shall be 6.5 metres. (f) Landscape Area and Private Residential Amenity Area (i) Minimum landscape area requirements — 20 percent (ii) Minimum Private Residential Amenity Area -- 4.5 square metres per dwelling unit (iii) Minimum Balcony depth —1.5 metres (g) Air Conditioners (1) Air conditioner units shall not be located between the front wall of a building or a dwelling and a street. (3) Projections ("MU -MD -2" Zone) (a) Despite Section 5(2)(b)(i), stairs, covered and uncovered porches and platforms, uncovered decks, bay, box and bow windows, balconies, eaves, canopies, window sills and other similar features are permitted to project beyond the building envelope as illustrated on Schedule II, but not closer than 1.5 metres to any lot line; (b) Despite Sections 5(1) and 5(2) of this By-law, a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from the "MU -MD -2" zone use provisions and zone requirements; (c) Section 5.192 of By-law 3037, as amended, shall not apply to the lands zoned "MU -MD -2" on Schedule 1 attached hereto. 153 X/1 S Page 7 6. Provisions ("OS -HL" Zone) (1) Uses Permitted ("OS -HL" Zone) No person shall within the lands zoned "OS -HL" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Resource Management, including a Stormwater Management Facility 7 Provisions ("NP" Zone) (1) Uses Permitted ("NP" Zone) No person shall within the lands zoned "NP" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (I) Neighbhourhood Park 8, Restrictions on the Parking and Storage of Vehicles No person shall use any lot for the parking or storage of vehicles except in accordance with the foilowing provisions: (1) Number of Vehicles: (i) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. (2) Size of Vehicles: (i) for those vehicles parked on any driveway, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres; (11) height is measured from the established grade immediately beside the vehicle up to the vehicle's highest point, which excludes lights, antennas and other such items ancillary to the vehicle's body. (3) Location of Vehicles: (i) No part of any yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any Street or Private Street. (4) Inoperative Vehicles: (1) The parking or storage of an inoperative vehicle is not permitted 154 unless it is entirely within a fully enclosed building or structure. X/18 Page 8 (5) Construction Vehicles: (1) The parking or storage of a construction vehicle or a commercial vehicle is not permitted, unless it is entirely within a fully enclosed building or structure. (6) Oversize Vehicles: (i) A vehicle that exceeds the maximum permissible vehicle size provisions of Section 8(2), is permitted to park temporarily for the sole purpose of delivering to, servicing or constructing the premises 9. Section 37 Provisions (a) An indexed cash contribution of $260,360.00 to be paid to the City prior to the issuance of site plan approval for the first phase, to be allocated towards a new Village Green within the Draft Plan of Subdivision and/or soccer pitches within the abutting hydro corridor; (b) The cash contribution identified in Section 9(a) of this By-Iaw shall be indexed in accordance with the most current Statistics Canada Non -Residential Construction Price Index reported quarterly by Statistics Canada, calculated from the date of passing of this by-Iaw to the date of payment by the owner; In the event the cash contribution referred to in Section 9(a) of this By-law has not been used for the intended purposes within 3 years of the By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Director, City Development, in consultation with the Ward Councillor(s), provided that the purposes will benefit the community in the vicinity of the lands; (d) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in density of the development is permitted beyond that otherwise permitted on the subject lands shown on Schedule I to this By-Iaw in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Section 5(a) of this By-law and which are secured by one or more agreements pursuant to Subsection 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor; (e) The owner shall not use, or permit the use of, a building or structure erected with an increase in density pursuant to this By-Iaw unless all provisions and obligations in this By-law are met; and (f) Despite Section 5(2)(a) of this By-Iaw, an additional 22 dwelling units are permitted upon execution and registration on title of a Section 37 agreernent pursuant to Section 9(d) of this By-law. (c) 155 Firm It Page 9 10. Model Homes (1) For the purposes of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purposes; but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. (2) A maximum of 2 Block, together with not fewer than 4 parking spaces per Model Home, may be constructed on the lands zoned MU -MD -2 as set out in Schedule I attached to this By-law prior to the division of these lands by registration of a plan of subdivision. 11. By-law 3037 By-law 3037, 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 1 attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 12. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. 156 Dersen Street E m 0 MU -MD -2 MU -MD -2 I , - Palme?`s Sawmill Road a Block 2 O. i O -MD-2 Block 1 1 Schedule I to By -Law DRAFT J �J William Jackson Drive 157 158 0 ro 0 ro c i= Palmer's Sawmill Road 4 c 0 a) 0 4 --•-- Building Envelope Build to Zone Schedule 11 to By -Law DRAFT Brock Road ATTACHMENT #_. ! TO RE1'0F11 # PLN &c —i8 /encs nrive R 11111111111111111 c th 1 )nv 1 Ito ammo', miii 11►4. iiimo 46,````� .!111.■I■IFy mmllitt t 111_l,1■■1■1: '11111111f1I1'-1■�lr�allilllal' lii 8 111 0'11'1':- ..1111111111111 1111111111111111111 1, •r T71RM1111 a. =1111111111111110111111— Emu 18flIlRHhlltIINl1— NiWElilTi■ETET. i D 16. SE NI ,�� -i7fitkErler ��A_l1► ill111111� EILIIIIIIlWg �iiiiiii► %� '' rr���i� '<�_ °„°mom40. cdri PICKERING City Development Department Location Map File: SP -2017-02 and A 05/17 Applicant: 9004807 Canada Inc. (Stonepay) Property Description: Part of Lots 19 and 20, Concession 3, Parts 1 to 5 40R-28547 The Corporation of the City of Plekenng Produced (in pan) under license from 0 Omens Pnner, °dada /bristly of Nahaat Resources. 4R rghtsreserved.0 Her Majesty the Queen In Right of Canada, Department of Natural Resources. Att della reserved.; Tenon( Enterprises Inc. and its suppliers aft rights reserved.; 01.tuNdpal Properly Assessment Corporation and its eupp5ers aY dgits reserved.; Date: May. 25, 20181 SCALE: 1:10,000 THIS IS NOTA PLAN OF SURVEY. ATTACHMENT # a TO RERUR i 1 yi] .1 111 it y `v- gYfirin.r"gym t1 anni1n11vo f j` IS�I.i uu�iniiitff 1,111 aIaST1 PI 1fn11i!! LU q��Nml�+ni� 1,lllxm. Brun Avenue illi 111 Brune 1!1111! +I 1a WIMnvMo Road Zeri tsy Drive'... 'Dersan.Streat 60 4 Air Photo Map File: SP -2017-02 and A 05/17 P1CKERING City Development Department Applicant: 9004807 Canada Inc. 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'+, i �.� _� �:za,;, 17)10019\ \ /'h�<o j \..\ n n iu 10700041 JV1SD \ 31/17[! .r<%r In L �. (A-UYr D v 1 V .--._._—` Aim w J ?." i 9:)10019 1 `y I jdw' 1. NO019 ', wr F \ 9)10019 9 N9019 a V' „... ,rte �.�,.' Wella .c 14 - -� 0. i. •M 0•a EHnin w ISVGISYY J ` .UlSW3c7111031Y C�ty 4 Revised Draft Plan of Subdivision FILE No: SP -2017-02 and A 05/17 PICKERING City Development Department W APPLICANT: 9004807 Canada Inc. (Stonepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5, 40R-28547 FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE:May23, 2018 -Ph LEGEND TOWNHOUSES TYP E 'A TYPE '8' TYPE TYPE FE' 01111IN IMO monito :1 a no t • - [7.I.I•tri•1i+Ft3 FIIIIjj • - NM CI MHO 11 z otioi PICKERING City Development Department Revised Conceptual Site Plan FILE No: SP -2017-02 and A 05/17 APPLICANT: 9004807 Canada Inc. (Stonepay) PROPERTY DESCRIPTION: Part of Lots 19 and 20, Concession 3, Parts 1 to 5, 40R-28547 FULL SCALE COPIES OF THIS PLAN ARE AVAf LAS LE FOR VIEWING AT THE CITY OF PICKERNG CITY DEVELOPMENT DEPARTMENT. 1 DATE: May 15, 2018 DICKERING City Report to Planning & Development Committee Report Number: PLN 21-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Revised Site Plan Control Area By-law File: L-2000-023 Recommendation: 1. That Council approve and enact the revised Site Plan Control Area By-law as set out in Appendix I to Report PLN 21-18; 2. That Council repeal By-laws 1079/80. and 7009/09, and replace them with the attached revised Site Plan Control Area By-law to designate the entire City of Pickering as a Site Plan Control Area; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to obtain Council's approval to repeal By-laws 1079/80 and 7009/09 and replace it with a new site plan control area by-law. A revised site plan control area by-law is required to implement the new site plan policies contained in Official Plan Amendment 23, be consistent with the requirements of Section of 41 of the Planning Act and other provincial planning documents, and create a single document that would simplify referencing to and documenting of information relating to site plan control area in the City. The draft by-law is attached as Appendix I and is recommended to be forwarded to Council for enactment. Financial Implications: The recommendations of this report do not present any financial implications. 1. Discussion Site plan control is a planning tool provided to municipalities under the Planning Act. Site plan control allows the City to review and approve development details for a property such as building location; massing and exterior design of buildings; loading and parking facilities; landscaping; grading and servicing; and accessibility and sustainable design matters in order to ensure that the City's, the Region's and other agency requirements are satisfied. Site plan control is regulated by Section 41 of the Planning Act. Municipalities may pass a by-law to designate the whole or any part of the municipality as a site plan control area. 165 Report PLN 21-18 June 18, 2018 Subject: Revised Site Plan Control Area By-law Page 2 The City's current Site Plan Control Area By-law came into effect on January 21, 1980, which designated' the entire Town of Pickering as a site plan control area. Subsequently, in December 2009, Council amended the Site Plan Control Area By-law to add a provision that all buildings or structures requiring a building permit located within 120 metres of any key natural feature or hydrologically sensitive feature on the Oak Ridges Moraine; as identified in the Pickering Official Plan schedules, shall be subject to site plan control. Since 2009, the Province has made further amendments to the Planning Act (Bill 51 and Bill 73) and updates to various provincial policy documents (i.e., Growth Plan, the Oak Ridges Moraine, and the Greenbelt Plan) that have introduced new tools to assist municipalities in the review of detailed development proposals. In 2016, the Ontario Municipal Board (OMB) approved Amendment 23 to the Pickering Official Plan. Amendment 23 was prepared in response to changes to the Planning Act in 2007 (Bill 51), which provided municipalities with the authority to address the following: • matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, and. • sustainable design elements on any adjoining highway under a municipality's jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities In order to be consistent with the requirements of Section 41 of the Planning Act, an update to the City's Site Plan Control Area By-law is required. 2.. Proposed changes to the Site Plan Control Area By-law The revised site plan control area by-law also includes several changes to ensure consistency with the Planning Act, the City's Official Plan policies, and other matters that are of key interest to the City. The proposed revisions to the Site Plan Control Area By-law already reflects what staff have been doing in practice. Creating a single by-law simplifies referencing to and documenting information relating to site plan control in the City The following is a summary of the various changes that have been included in the revised site plan control area by-law. • Drawings/plans showing the location of all buildings and structures to be erected and the required works are to be submitted. The required drawings shall sufficiently display: • the massing and conceptual design of proposed building(s) • the relationship of proposed building(s) to adjacent buildings, streets and other public spaces • pedestrian walkways, stairs, elevators, and escalators to which members of the public have access from streets, open spaces and interior walkways • matters relating to exterior building design, including without limitation, the character, scale, appearance, and design of buildings, and their sustainable 1 66 design, but only to the extent that is a matter of exterior design Report PLN 21-18 June 18, 2018 Subject: Revised Site Plan Control Area By-law Page 3 • sustainable design elements on any adjoining highway under the City's jurisdiction, including without limitation, trees, shrubs, hedges, planting or other ground cover, permeable paving materials, street furniture, curbs ramps, waste and recycling containers and bicycle parking facilities, and • facilities designed to have regard for accessibility for person with disabilities • As a condition of site plan approval, the City may require the owner of the lands being developed to provide the following: • • widening of public roads • facilities to provide access to and from the lands such as access ramps, curbing and traffic direction signs • off-street vehicular loading and parking facilities • walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access • facilities designed to have regard for accessibility for persons with disabilities • facilities for the lighting, including floodlighting, of the land or of any buildings or structures • walls, fences, hedges, trees, shrubs or other ground cover or facilities for the landscaping of the land or the protection of adjoining. lands • vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste or recyclable material • easements conveyed to the City for the construction, maintenance or improvement of water courses, ditches, land drainage works and sanitary sewage facilities and other public utilities on the lands • grading or alteration of the land and provisions for the disposal of storm, surface and waste waters from the lands and from any buildings or structure thereon, and • reports and/or studies demonstrating conformity with the policies of the City's Official Plan, requirements of any applicable approved urban design guidelines and provisions of the City's Zoning By-law • The following class or classes of development are exempt from site plan approval: • residential development of 1 or 2 dwelling units per lot • agricultural and farm related buildings or structures that are used in farming operations, including new buildings or structured use for agricultural purposes within the Natural Heritage System of the Greenbelt Plan (provided that the new buildings or structures are located outside of the 30.0 metres minimum vegetation protection zone from a key natural heritage or key hydrologic feature identified in the Pickering Official Plan) • tents and similar structures to be erected for a temporary period not exceeding 12 weeks • accessory buildings or structures not exceeding a total gross floor area of 50 square metres • any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10 percent of the total floor area of the building, whichever is less 1 67 Report PLN 21-18 June 18, 2018 Subject: Revised Site Plan Control Area By-law Page 4 • any building or structure owned or operated by the City, the Region of Durham, a conservation authority, the Government of Ontario, or of Canada • any building or structure being re -built that were destroyed by fire, explosion or flood or other similar causes, subject to conditions, and • development of sales offices and model homes 3. Site plan control for new development and lot creation on lands within the Oak Ridges Moraine On December 21, 2009, following the Minister of Municipal Affairs and Housing approval of Amendment 15 to the Pickering Official Plan to implement the Oak Ridges Moraine Conservation Plan, the Council of the Corporation of the City of Pickering enacted By-law 7009/09, being a by-law to amend the City of Pickering's site plan control area by-law, by adding a section stipulating that all buildings or structures requiring a building permit that are located within 120 metres of any key natural feature or hydrologically sensitive feature on the Oak Ridges Moraine as identified in the Pickering Official Plan schedules, shall be subject to site plan control. In addition to the above, following recent discussions with staff from the Ministry of Municipal Affairs (MMA) regarding the definition of "development" and the policies on lot creation in the Oak Ridges Moraine Conservation Plan, MMA has confirmed that the creation of a new lot on lands within the Oak Ridges Moraine also requires site plan approval. Under these circumstances, the site plan approval process will determine whether there would be enough net developable area on both the severed and retained lot to accommodate proposed uses, buildings and structures without encroachment on key natural heritage features or key hydrologic features. Following the approval of Amendment 23 by the Ontario Municipal Board on July 22, 2016, and in view of the above-mentioned matter regarding lot creation on the Oak Ridges Moraine, the revised site plan control has been updated to be consistent with the Oak Ridges Moraine Conservation Plan. The revised by-law now includes a provision requiring site plan approval for all development and lot creation proposed within 120 metres of any key natural heritage feature or hydrologically sensitive feature on the Oak Ridges Moraine. 4. Staff recommend that the revised site plan control area by-law be enacted by Council Staff consulted with internal departments including Building Services and Corporate Services (Legal Services) throughout the drafting the revised Site Plan Control Area By-law. Comments from the respective departments have been incorporated in the new By-law. Staff have also consulted with the Site Plan Advisory Committee. The revised Site Plan Control Area By-law will assist in implementing the new site plan policies contained in Amendment 23 to the Official Plan, be consistent with the requirements of Section of 41 of the Planning Act and other provincial planning documents, and will create a single document that would simplify referencing to and documenting of information relating to site plan control in the City. 168 Report PLN 21-18 June 18, 2018 Subject: Revised Site Plan Control Area By-law Appendix Page 5 Appendix I Draft By-law to designate the City of Pickering as a Site Plan Control Area Prepared By: Tyle Prim .a 'fanner, Site Planning Nilesh •urti,MCIP, RPP Manager, Development Review & Urban Design NS:Id Approved/Endorsed By: "Z_4 Catherine Rose, MCIP, RPP Chief Planner Kyre Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 4, 2 -off 169 Draft By-law to designate the City of Pickering as a Site Plan Control Area 170 Appendix I to Report No. PLN 21-18 The Corporation of th - y of Pickering :41: ; XX Being a By-Iaw -signate the City of Pickering as a Site Plan Control Area. Whereas, Section 41(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended, permits the Council of The Corporation of the City of Pickering to designate the whole or any part of the municipality as a site plan control area provided provisions are included in the Official Plan; And whereas, the Council of The Corporation of the City of Pickering considers it desirable to pass such a by-Iaw; Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.0 Definitions In this By-law, (1) "Act" means the Planning Act (Ontario), R.S.O. 1990, c. R13, as amended. (2) "City" means The Corporation of the City of Pickering. (3) "Development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in clause 164(4)(a) of the Municipal Act, 2001, as amended, or of sites for the location of three or more mobile homes as defined in subsection 46(1) of the Act; Under Section 414(1.1) of the Act, the definition of development does not include the placement of a portable classroom on a school site of a district school board if the school was in existence on January 1, 2007. Notwithstanding the foregoing, within the Oak Ridges Moraine, as established by Ontario Regulation 01102, "Development" shall also include the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Act. 2.0 Interpretation 2.1 All lands within the corporate limits of the City of Pickering are hereby designated as a site plan control area pursuant to section 41(2) of the Planning Act, R.S.O. 1990, as amended. 171 By-law No. X T 3.0 General Page 2 3.1 No person shall undertake any development in the site plan control area designated by this By-law unless the Council of the City or, where a referral has been made under subsection 41(12) of the Act, the Local Planning Tribunal has approved, (a) plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith including those facilities and works referred to in subsection 3.2 of this By-law and, including facilities designed to have regard for accessibility for persons with disabilities; (b) drawings showing plan, elevation and cross section views for each building to be erected which drawings are sufficient to display, (i) the massing and conceptual design of the proposed building; (ii) the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access; (iii) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings; (iv) matters relating to exterior building design, including without limitation the character, scale, appearance and design of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design; (v) sustainable design elements on any adjoining highway under the City's jurisdiction, including Without limitation, trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; and (vi) facilities designed to have regard for accessibility for persons with disabilities. 3.2. As a condition of approval of the plans and drawings referred to in subsection 3.1 of this By-law, the City may require the owner of lands being developed to, (a) provide to the satisfaction of and at no expense to the City any or all of the following: (i) widenings of highways that abut on the land; (ii) subject to the Public Transportation and Highway Improvement Act, as amended, facilities to provide access to and from the lands such as access ramps, curbing and traffic direction signs; 172 By -I Page 3 (iii) off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways; (iv) walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access; (v) facilities designed to have regard for accessibility for persons with disabilities; (vi) facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon; (vii) walls, fences, hedges, trees, shrubs or other ground cover or facilities for the landscaping of the land or the protection of adjoining land; (viii) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (ix) easements conveyed to the City for the construction, maintenance, or improvement of water courses, ditches, land drainage works and sanitary sewage facilities and other public utilities on the land; (x) grading or alteration in elevation or contour of the land and provisions for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon; (xi) reports and/or studies demonstrating conformity with the policies of the City's Official Plan, requirements of any applicable approved urban design guidelines and provisions of the City's Zoning By-law, as amended. (b) maintain to the satisfaction of the City and at the sole risk and expense of the owner any or all of the facilities or works mentioned in paragraphs (ii) to (x), inclusive, of clause 3.2 (a) of this By-law including the removal of snow and ice from access ramps and driveways, parking and loading areas and walkways; (c) enter into one or more agreements with the City dealing with and ensuring the provisions of the facilities, works or matters to be provided in accordance with clause 3.2 (a) or (e) of this By-law and the maintenance thereof as mentioned in clause 3.2 (b) of this By-law or with the provision and approval of the plans and drawings referred to in subsection 3.1 of this By-law; (d) enter into one or more agreements with the City ensuring that development proceeds in accordance with the plans and drawings approved under subsection 3.1 of this By-law; 173 174 tIXX Page 4 (e) convey part of the land to the municipality to the satisfaction of and at no expense to the City or the Region of Durham for a public transit right-of-way. 4.0. Exemptions The following class or classes of development are exempt from the approval of plans and drawings otherwise required under subsection 3.0 of this By-law: (a) residential development of one or two dwelling units per lot; (b) agricultural and farm related buildings or structures that are used in farming operations, including new buildings or structures used for agricultural purposes within the Natural Heritage System of the Greenbelt Plan, which are located outside of the 30.0 metre minimum vegetation protection zone from a key natural heritage or key hydrologic feature identified in the Pickering Official Plan; (c) tents and similar structures to be erected for a temporary period not exceeding 12 weeks; (d) accessory buildings or structures not exceeding a total gross floor area of 50 square metres; (e) any expansion or enlargement of a building or structure that is less than 20 square metres or Tess than 10 percent of the total floor area of the -building, whichever is less; any building or structure owned or operated by the City, the Region of Durham, a conservation authority, the Government of Ontario or of Canada; (f) (g) any building or structure destroyed by fire, explosion or flood or other similar cause, provided that: (i) the reconstructed building or structure is used for the same purpose as the former building or structure; (ii) the gross floor area and height of the reconstructed building or structure generally do not exceed those of the former building or structure; and, (iii) the reconstructed building or structure is generally not closer to any lot lines than the former building or structure; and (h) development of residential sales offices and model homes. 5.0 Oak Ridges Moraine — Site Plan Control Area Despite the provisions of section 4.0 of this By-law, the lands located within the boundary of the Oak Ridges Moraine as shown on Schedule I (Sheets 2 and 3) of the Pickering Official Plan, the approval of plans and drawings under section 41(4) and (5) of the Act shall be required for all development and lot creation proposed within 120 metres of any key natural heritage feature or hydrologically sensitive feature on the Oak Ridges Moraine. By-Iaw No. XXXX/XX Page 5 8.0 Site Plan Agreement The Mayor and Clerk of the City are hereby authorized to execute any agreement with the City dealing with the provision of any or all of the facilities, works or matters referred to in section 41(7)(a) and the maintenance thereof referred to in section 41(7)(b) of the Act, or with the provision and approval of the plans and drawings pursuant to section 41(4) of the Act, as may be required to be made by the owner of the land with the City, as a condition of the approval of the plans and drawings referred to in section 41(4) of the Act. 7.0 Repeal of Existing By-laws By-laws 1079/80 and 7009/09 are hereby repealed. 8.0 Effective Date This By-Iaw shall come into force on the day of its passing. By-Iaw passed this XX day of XXXX, 2018. David Ryan, Mayor Debbie Shields, City Clerk 175 PICKERING Report to Planning & Development Committee Report Number: PLN 22-18 Date: June 18, 2018 From: Kyle Bentley Director, City Development & CBO Subject: Consulting Services for the Infill and Replacement Housing in Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 File: D-1100-096 Recommendation: 1. That the proposal submitted by SGL Planning & Design Inc. to undertake the Infill and Replacement Housing in Established Neighbourhoods Study in the amount of $147,657.00 (including HST) be accepted; 2. That the total gross project cost of $164,342.00 (HST included), including the RFP amount and contingency costs, and the total net project cost of $147,995.00 (net of HST rebate), utilizing the funding identified for this project in the 2018 Current Budget for the City Development Department, Consulting and Professional (Account 2611.2392.0000), be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $147,995.00 as follows: a) The sum of $81,397.00 to be funded from property taxes; b) The sum of $66,598.00 to be funded by a transfer from the Development Charges — Studies Reserve Fund; and 4. That the appropriate City of Pickering staff be authorized to enter into any agreements to give effect hereto. Executive Summary: As a result of local resident concerns, on November 21, 2016 Council passed Resolution #236/16 recognizing the importance of preserving community character in established neighbourhoods. The Resolution directed staff to convene a Focus Group that would "enable Pickering to create guidelines that will encourage the design of new housing to be mindful of established community character". In May 2017, City Development staff facilitated Focus Group meetings where participants identified measures for protecting community character in established neighbourhoods. 176 Report PLN 22-18 June 18, 2018 Subject: Consulting Services for the Infill and Replacement Housing in Page 2 Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 . On September 5, 2017, City Development staff presented Report PLN 15-17 to Planning & Development Committee summarizing feedback received at the Focus Group meetings where discussions centred on concern over the scale of new housing in some of Pickering's established neighbourhoods. Based on this feedback, Report PLN 15-17 recommended the City institute a maximum building height in Zoning By-law 2511, for lands not subject to such a provision; and, undertake an Infill and Replacement Housing in Established Neighbourhoods Study. On March 5, 2018, Report PLN 06-18 to Planning & Development Committee recommended amending the general provisions of the "R3" and "R4" zones in Zoning By-law 2511 to implement a maximum building height of 9.0 metres which would apply to lands not already subject to a site specific amendment regulating building height. City Initiated By-law 7610/18, implementing the 9.0 metre height limit, was passed by Council on March 12, 2018 and is in full force and effect. On March 28, 2018, a Request for Proposal (RFP) was issued calling for proposals to undertake the Infill and Replacement Housing in Established Neighbourhoods Study. The RFP closed on April 19, 2018 with 2 bids being received. The Evaluation Committee reviewed the proposals against the criteria outlined in the RFP and conducted interviews with the submission from SGL Planning & Design Inc. receiving the overall highest ranking score. Financial Implications: 1. Proposal Amount Proposal No. RFP -8-2018 HST (13%) Total Gross Project Amount $130,670.00 16,987.00 $147,657.00 2. Estimated Project Costing Summary Proposal No. RFP -8-2018 Contingency Total HST (13%) Total Gross Project Costs HST Rebate (11.24%) Total Net Project Costs $130,670.00 14,765.00 145,435.00 18,907.00 $164,342.00 (16,347.00) $147,995.00 Project Costs Under Approved Funds By $2,005.00 177 Report PLN 22-18 June 18, 2018 Subject: Consulting Services for the Infill and Replacement Housing in Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 Page 3 3. Approved Source of Funds Account Code 2611.2392.0000 Total Funds Source of Funds Development Charges Reserve Fund — Residential -Planning (45%) Property Taxes (55%) Budget Required $67,500.00 $66,598.00 $82,500.00 $150,000.00 $81,397.00 $147,995.00 1. Discussion: 1.1 Council Passed a Resolution Recognizing the Importance of Preserving Community Character Similar to other municipalities, the City has experienced a considerable amount of infill and replacement housing within many of its established neighbourhoods. In some cases, these new dwellings are 2 to 3 times larger than existing dwellings. Local residents started raising concerns that these new homes were not compatible with the predominant character of these neighbourhoods. Subsequently, on November 21, 2016 Council passed the following Notice of Motion (Resolution #236/16): "Guidelines to Protect Community Character (Infill) Whereas the City of Pickering recognizes the importance of community character and its preservation where infill construction takes place; Whereas the Planning Act enables approvals when it involves Draft Plans of Subdivision, but provides no jurisdiction to enable municipalities to impose conditions for individual building permits not subject to Draft Plan Conditions; Now Therefore be it resolved that the City Development Department commence a community engagement process via the establishment of a focus group that will enable Pickering to establish the creation of guidelines that will encourage developers and builders to be mindful of established community character when bringing forward draft plans and/or individual building permits in communities such as Fairport Beach, South Rosebank and others within Pickering. And that City staff forward copies of this resolution to all City of Pickering community associations and ratepayer groups seeking appointments to this focus group." 178 Report PLN 22-18 June 18, 2018 Subject: Consulting Services for the Infill and Replacement Housing in Page 4 Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 In response to Council's direction, City Development staff commenced a community engagement process by hosting 3 Focus Group meetings in May 2017 that were attended by residents from a variety of neighbourhoods. At the meetings, staff invited participants to: define what community character meant to them; and, identify measures for protecting that character. Feedback included concern that infill development was not sensitive to existing. neighbourhood character in terms of building heights, building massing and architectural design. On September 5, 2017, City Development staff presented Report PLN 15-17 to Planning & Development Committee summarizing feedback received at the Focus Group meetings. Based on this feedback, Report PLN 15-17 recommended the City initiate an amendment to Zoning By-law 2511 to add a maximum building height where site specific height restrictions did not exist;. and, that the City undertake an Infill and Replacement Housing in Established Neighbourhoods Study. 1.2 Council Approves Amendment to Zoning By-law 2511 for Maximum Building Height Through a review of Zoning By-law 2511°and further public consultation, City Development staff recommended implementing a maximum building height of 9.0 metres for parts of the Rosebank, West Shore and Bay Ridges neighbourhoods, zoned "R3" and "R4" in Zoning By-law 2511, that were not already subject to a maximum building height (Report PLN 06-18). On March 12, 2018, Council endorsed the recommendation and passed By-law 7610/18. The 9.0 metre height limit is an interim measure to address a component of community character until the completion of the Infill and Replacement Housing in Established Neighbouhoods Study. 1.3 A Request for Proposal (RFP) for Consulting Services for the Infill and Replacement Housing in Established Neighbourhoods Study was Issued On March 28, 2018, the City issued RFP -8-2018 for consulting services for the Infill and Replacement Housing in Established Neighb.ourhoods Study at an upset limit of $150,000.00 including HST. The scope of work (provided in Attachment #1) outlined 3 phases for the Study. Phase 1 of the Study involves background research and analysis including identification of the City's established neighbourhoods; creation of neighbourhood inventories; and, analysis of neighbourhood character. Phase 2 of the Study includes evaluating strategies, such as zoning provisions and urban design guidelines, to regulate infill and replacement housing. In Phase 3 of the Study, recommended tools, including urban design guidelines, will be presented. Public and stakeholder consultation will be conducted in each project phase. The RFP closed on April 19, 2018 with 2 proposals being received. 179 Report PLN 22-18 June 18, 2018 Subject: Consulting Services for the Infill and Replacement Housing in Page 5 Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 1.4 SGL Planning & Design Inc. is Recommended for Selection The Evaluation Committee consisting of staff from City Development reviewed the proposals against the criteria outlined in the RFP and conducted interviews. The consultant that received the highest score through the review and interview process was SGL Planning & Design Inc. (see Attachment 2). Award of the project to SGL Planning & Design Inc. is conditional upon approval of the Health & Safety Regulations form by the (Acting) Coordinator, Health & Safety; and approval of the Certificate of Insurance by the Manager, Budgets & Internal Audit. The Director, Finance & Treasurer has confirmed funding is available for this Study, and the Senior Financial Analyst — Capital & Debt Management has reviewed the wording of the Recommendations and the Financial Implications section of this Report. 2. Recommendations It is recommended that SGL Planning & Design Inc. be retained to undertake the Infill and Replacement Housing in Established Neighbourhoods Study. It is further recommended that staff be authorized to enter into any agreements as required to give effect hereto. Attachments 1. Scope of Work — Excerpt of Appendix D from RFP -8-2018 2. Memo from Supply & Services dated June 1, 2018 180 Report PLN 2218 June 18, 2018 Subject: Consulting Services for the Infill and Replacement Housing in Established Neighbourhoods Study Request for Proposal No. RFP -8-2018 Prepared By: Stev Andis, MCIP, RPP Principal Planner, Policy Jeff Brooks, MCIP, RPP Manager, Policy & Geomatics SA:Id Approved/Endorsed By: Catherine Rose, MCIP, RPP Chief Planner Page 6 Kyle Bentley, P.Eng. Director, City Development & CBO Stan Karwowski, CPA, C1 IA, MBA Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 2pls 181 182 ATT.ACHMEN1 #m 1 TO t':E.PoRT # Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 Appendix D — Request for Proposals Particulars A. The Deliverables 1.0 Introduction The City's Official Plan recognizes that neighbourhoods are fundamental building blocks of the City's urban area and recognizes the importance of community character in establishing neighbourhood identity and a sense of place. While community character can vary from neighbourhood to neighbourhood, it is shaped by a number of common natural and built elements in the public and private realms. It is a sum of all these elements that make a neighbourhood unique and establishes a sense of place for its residents. The City recognizes that neighbourhoods evolve over time and that neighbourhood character can change as a result of social and economic conditions, changing housing preferences, and provincial/municipal policies. The City also recognizes that respecting neighbourhood character does not mean preventing change; rather it means that the design of new development should be responsive to key natural and built elements identified in a neighbourhood. In other words, new housing should be designed in response to a neighbourhood's context. This Study will look at how to guide the future evolution of the City's established neighbourhoods by recommending an appropriate scale of infill and replacement housing, and how the City can ensure neighbourhood character is properly considered through the development and building approval processes. For the purposes of this Study: • Infill means the development of 2 or more ground -oriented housing forms such as single detached, semi-detached and townhouse dwellings through a consolidation of lots or the severance of a larger lot. Within the context of this Study, infill does not include the development of stacked townhomes, stacked back-to-back townhomes, or other forms of multi -unit housing; however, such proposals may be appropriate and would be evaluated on a site specific basis. Infill can occur through draft plan of subdivision/condominium, site plan and/or land division. • Replacement housing involves a smaller dwelling being substantially altered or demolished and replaced with a new larger dwelling through the building permit application process and possibly the minor variance process. The City is seeking a Consultant to provide direction for the preparation of official plan policies, zoning provisions and other appropriate tools; and to develop design guidelines that would facilitate the development of an appropriate scale of infill and replacement housing that is sensitive to the existing character in the City's established neighbourhoods. Page 1 of 23 ATTACHMENT TO REPORT t PLN Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D 2.0 Background The patterns of development and housing stock within the City's neighbourhoods vary largely based upon their year of construction. Areas in south Pickering near the lake were initially developed with summer cottages. Over time, many of these cottages were converted to year round residences and more permanent residences were built along existing township roads such as Fairport Road, Rosebank Road and Woodview Avenue. By the 1960s, Pickering's first planned communities (Bay Ridges and West Shore) were being developed. Over the subsequent 30 years, similar low-density neighbourhoods were developed in most of south Pickering. Similar to the experiences of other municipalities, the City's established neighbourhoods have been experiencing a significant shift over the last several years. There has been a considerable amount of infill and replacement housing built within certain neighbourhoods of the City and, in some cases, these new dwellings are two or three times larger than existing dwellings in the neighbourhood. Consequently, local residents started raising concerns that these new homes were not compatible with the predominant character of these neighbourhoods. As a result, on November 21, 2016 Council passed the following Notice of Motion (Resolution #236/16): "Guidelines to Protect Community Character (Infill) Whereas the City of Pickering recognizes the importance of community character and its preservation where infill construction takes place; Whereas the Planning Act enables approvals when it involves Draft Plans of Subdivision, but provides no jurisdiction to enable municipalities to impose conditions for individual building permits not subject to Draft Plan Conditions; Now Therefore be it resolved that the City Development Department commence a community engagement process via'the establishment of a focus group that will enable Pickering to establish the creation of guidelines that will encourage developers and builders to be mindful of established community character when bringing forward draft plans and/or individual building permits in communities such as Fairport Beach, South Rosebank and others within Pickering. And that City staff forward copies of this resolution to all City of Pickering community associations and ratepayer groups seeking appointments to this focus group." In response to Council's direction, City Development staff commenced a community engagement process by hosting three Focus Group meetings in early Page 2 of 23 183 184 ATTACHMENT , / TO REPORT # Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 May 2017. Participants representing a variety of neighbourhoods in the City attended the meetings. At the meetings, staff invited participants to define what community character meant to them and to identify measures for protecting that character. Feedback included concern that infill development is not sensitive to the existing neighbourhood character in terms of building heights, building massing and architectural design. In September 2017, Planning & Development Committee Report PLN 15-17 summarized the feedback received at the Focus Group meetings and recommended the City undertake an Infill and Replacement Housing in Established Neighbourhoods Study. Additionally, as Focus Group participants identified building height as a key element to the compatibility of new infill and replacement housing in established neighbourhoods, PLN 15-17 also recommended an interim measure to implement a maximum building height, where none exists, in south Pickering neighbourhoods experiencing some of the greatest pressure from infill and replacement housing activity. A subsequent report to Planning & Development Committee on March 5, 2018 (Report PLN 06-18) identified that parts of the established neighbourhoods of Rosebank, West Shore and Bay Ridges, zoned "R3" and."R4" in Zoning By-law 2511, were not subject to a maximum building height. On March 12, 2018, as recommended in Report PLN 06-18, Council passed an amendment to Zoning By-law 2511 (By-law 7610/18) to establish a maximum building height of 9.0 metres in the "R3" and "R4" Zones. 3.0 Policy Context 3.1 City of Pickering Official Plan 3.1.1 Land Use Policies The City's Official Plan (Sections 2.9, 3.2 and 3.9) speak to maintaining, protecting and enhancing the different identities and characters of the City's neighbourhoods as they evolve over time by considering such matters as building height, yard setback, lot coverage, and access to sunlight. Section 9.2 of the Official Plan states that the City should encourage developments that are designed to fit their contexts by considering the mix of uses, and the massing, height, scale, architectural style and details of existing, adjacent buildings. There are also neighbourhood specific policies in Chapter 12 that identify established residential areas and encourage new development to be compatible with the character of existing development (Sections 12.3, 12.7, 12.8, 12.9, and 12.12). Additionally, policy 14.10 also states that where new development is proposed within an existing established area, building designs should reinforce and complement existing built patterns such as form, massing, height, proportion, position relative to street, and building area to site area ratios. Page 3 of 23 ATTACHMENT # I TO REPORT -# (.N �a- Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D 3.1.2 Built Heritage Resource Policies The Official Plan (Chapter 8 — Cultural Heritage) notes that decisions and actions should respect Pickering's cultural heritage resource where the integration of old and new results in a complimentary character. It also notes that heritage resources may be adversely affected by planned and incremental changes including development proposals and smaller changes such as residential infill. The City has a list of heritage properties designated under the Ontario Heritage Act and other properties of heritage interest. These properties are an important element in defining neighbour character. 3.1.3 Development Guidelines The City of Pickering Official Plan includes a Compendium Document that contains Development Guidelines for various neighbourhoods. The Guidelines act as a bridge between Official Plan policy and implementing Zoning By-laws by addressing matters such as: scale and intensity of use; streetscape design; and landscaping. 3.2 Zoning By-laws 2511, 2520, 3036 and 3037 The City is covered by 6 Parent Zoning By-laws: 2511, 2520, 3036, 3037, 7553/17 (City Centre) and 7364/14 (Seaton). Each Parent By-law establishes zones, general provisions and development standards. Zoning By-laws 2511, 2520, 3036 and 3037 also have a number of site specific amendments to establish new zones and development standards that are specific to the proposal. The established neighbourhoods are predominately covered by By-laws 2511, 2520 and 3036. 4.0 Scope of Services 4.1 Study Area The area to be studied shall generally be within the predominately low density neigbourhoods in the South Pickering Urban Area (refer to 'Map 9 South Pickering Urban Area Neighbourhoods' in the City of Pickering Official Plan, Edition 7). The exact boundaries of the neighbourhoods/areas to be studied will be confirmed during Phase 1 through the review of neighbourhood characteristics to identify the City's established neighbourhoods, or parts thereof. 4.2 Purpose and Objectives The purpose of this Study is to provide direction for the preparation of appropriate Official Plan policies, zoning regulations and other implementation tools that will be developed by City staff; and to develop design guidelines that can facilitate a sensitive transition between existing older housing stock and new contemporary housing development in the City's established neighbourhoods/areas. Objectives for the Infill and Replacement Housing in Established Neighbourhoods Study are to: Page 4 of 23 185 186 ATTACHMENT REPOR i 1 .LN ; l = Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 • Identify the City's established neighbourhoods, or parts thereof, within the South Pickering Urban Area: • Identify and evaluate the unique qualities and characteristics of the City's established neighbourhoods, or parts thereof, and key issues regarding infill and replacement housing that are of concern to residents: • Provide an opportunity for full and meaningful consultation and engagement with residents, agencies and the development industry: • Review the City's Official Plan, Development Guidelines and Zoning By-laws to propose amendments, as necessary, that would improve the ability to manage an appropriate scale of infill, replacement housing and additions that allows established neighbourhoods, or parts thereof, to evolve while respecting community character; and • Identify and develop other tools the City can use, including Design Guidelines, that will allow neighbourhoods, or parts thereof, to evolve while maintaining and enhancing the character of the City's established neighbourhoods/areas. 4.3 Scope of Work and Deliverables Many other municipalities in the Greater Toronto Area have conducted similar studies in recent years. This Study will learn from and build upon the successful approaches implemented in those municipalities. An internal Project Committee, led by the City's Project Manager and comprised of staff from the City Development (Planning & Design, and Building), and Engineering Services departments will provide strategic advice and direction during each phase of the Study. The City's Project Manager will invite representatives from the City Development and Engineering Services departments to Project Committee meeting on an as -needed basis. The scope of work has been divided into 3 Phases and detailed below with corresponding tasks, consultation and deliverables for each Phase. This is not intended to be an exhaustive list of the work activities. The Consultant may outline additional tasks, meetings, workshops or other activities necessary to achieve the objectives of the Study (see Section 4.6.4 for direction on documenting additional activities and related costs). 4.3.1 Phase 1 — Background Research & Analysis of Existing Neighbourhood Conditions Phase 1 of the Study includes identification of the City's established neighbourhoods, or parts thereof, to confirm the boundaries of neighbourhoods/areas that are to be studied; ' creation of neighbourhood/area inventories; analysis of each neighbourhood's/area's Page 5 of 23 ATTACHMENT 9f, TO REPOI1 I h Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D character; review of legislative authority to regulate character; review of other municipal best practices; and presentation of preliminary observations. 4.3.1.1 Phase 1 Key Tasks • Background research and analysis which shall include the following: o Review of the City's Official Plan, Development Guidelines, Zoning By-laws, properties designated under the Ontario Heritage Act and properties of heritage interest, engineering standards, relevant studies and staff reports; o Review of relevant Provincial plans and policies, the Planning Act and specifically municipal authority to regulate character through zoning, site plan, and subdivision; o Development of key factors by which to identify the City's established neighbourhoods, or parts thereof, to confirm the boundaries of neighbourhoods/areas that are to be studied; o Creation of an inventory (photographs, maps, statistics, etc.) of the unique built and natural elements of each established neighbourhood, or parts thereof, including, but not limited to: lot fabric, lot size, setbacks, housing type (single, semi, townhouse, etc.), housing age, housing size, building heights; scale and massing; streetscape and vegetation; garages and driveways; and architectural styles; o Based on the inventory, development of a description of character for each neighbourhood/area and explanation of what makes that character; o Evaluation of the type of physical changes occurring within each of the established neighbourhoods/areas as a result of infill and replacement housing, including the trends and factors influencing the changes; o Identification of, and observations on, key issues and impacts of replacement housing, infill and the creation of lots through severance on neighbourhood character, including but not limited to: shadowing; privacy and overlook; lot grading and stormwater management; and other concerns, such as impact on property values, raised by residents, City staff and other stakeholders; o Walking tour(s) and driving tour(s) with City staff, as required, to become familiar with the character of the various established neighbourhoods; o Review of various recent development applications, building permits, and City planning application review processes; o Consideration of comments raised at the Focus Group meetings held in May 2017; o Observations on opportunities for potential infill, severance and redevelopment; and o .Review of best practices from other municipalities, including Mississauga, Brampton, Halton Hills, Kitchener, Oakville, Vaughan, Hamilton, Ottawa and other comparable municipalities, including contacting municipal staff to gather information on successes and challenges. • Development, of an Existing Conditions and Preliminary Observations Report that uses use pictures, maps and charts to summarize and present the background research and analysis, and that at a minimum: Page 6 of 23 1 87 188 ATTACHMENT # 1 TO REPORT N . Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D o Describes the purpose and objectives of the Study; o Describes the neighbourhoods/areas that are part of the Study; o Provides detailed neighbourhood/area inventories and explanation of each neighborhood's/area's character; o Summarizes public, agency and stakeholder consultation from Phase 1; o Identifies and provides observations on the physical changes occurring in each established neighbourhood/area and the key issues/impacts on character; o Summarizes and provides observations of City Development's planning application review processes and approved development and building permit applications (e.g. zoning permissions, minor variance trends, building permit, site plan and subdivision approvals); o Summarizes and provides observations on opportunities for infill, severance and redevelopment; o Summarizes the policy and legislative context, including the City's authority under the Planning Act; o Summarizes best practices from other municipalities, including successes and challenges; and o Includes a technical appendix that details the background data. • The content and format of the Existing Conditions and Preliminary Observations Report shall be discussed with and approved by City staff prior to its preparation: o Prepare 1st Draft of Existing Conditions and Preliminary Observations Report and revise based on Project Committee feedback; o Prepare 2nd Draft of Existing Conditions and Preliminary Observations Report, undertake public and stakeholder consultation, as identified in Sections 4.3.1.2 and 4.4, and revise Report based on public and stakeholder consultation; and o Prepare Final Existing Conditions and Preliminary Observations Report for presentation to Planning & Development Committee. • City staff will provide: o City policies, zoning, guidelines, information on heritage properties, engineering standards, studies and staff reports; o Available data/statistics on neighbourhood form (e.g. lot size, lot frontage, etc.); o Sample development and building permit applications; and o Minor Variance data. 4.3.1.2 Phase 1 Consultation and Committee Meetings • 3 Project Committee Meetings: o 1st meeting will be the project kick-off meeting (introduction of team members, presentation of project work plan, project deliverables, community engagement strategy, etc.); o 2nd meeting to discuss the content and format of the Existing Conditions and Preliminary Observations Report; and Page 7 of 23 ATTACHMENT # / TO REPORT # Oc2-4 S Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D o 3rd meeting to present the 1st Draft of the Existing Conditions and Preliminary Observations Report. • Public and stakeholder consultation to present the 2nd Draft of the Existing Conditions and Preliminary Observations Report: o Community Engagement Sessions: ■ Minimum of 2 sessions in appropriate formats (e.g. information sessions, workshops, roundtables, etc); and ■ Purpose of these sessions is to: introduce the Study; discuss findings from the collection of background information and analysis; obtain feedback on neighbourhood/area boundaries that are part of the Study; obtain input on developing statements of character for each neighbourhood/area; gather information on concerns/issues/opportunities with replacement housing and infill; and obtain concurrence on the identification of key compatibility issues. o Agency Consultation: • Durham Region; ■ Toronto and Region Conservation Authority; • Heritage Pickering Advisory Committee (to be undertaken by City staff); and • Committee of Adjustment (to be undertaken by City staff). o . Development and Building Industry: ■ BILD-Durham Chapter, Durham Region Home Builders Association and possibly targeted consultation with key developers. • 1 City of Pickering Planning & Development Committee Meeting to present the Final Existing Conditions and Preliminary Observations Report: o Public and stakeholder input will also be invited after the Consultant's presentation to Planning & Development Committee. 4.3.1.3 Phase 1 Key Deliverables Existing Conditions and Preliminary Observations Report: O 1st Draft: electronic version for review and comment by Project Committee; O 2nd Draft for public and stakeholder consultation: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and ■ 2 bound hard copies for display at public/stakeholder meetings. o Final for presentation to Planning & Development Committee: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and ■ 3 bound hard copies. o Interim versions of the Draft and Final Reports will be required by the City's Project Manager for review and comment. Page 8 of 23 189 190 ATTACHMENT,# I "i0 REPORT # a �� Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 • Table of contents/outline for Planning Options Report which is to be delivered in Phase 2. • Presentation of the Existing Conditions and Preliminary Observations Report to Planning & Development Committee: o City staff will prepare a covering Information Report to Planning & Development Committee for the Existing Conditions and Preliminary Observations Report. 4.3.2 Phase 2 — Planning Options Phase 2 of the Study will synthesize the work and consultation undertaken in Phase 1 and includes identifying gaps and opportunities in existing City policy, zoning and guidelines; evaluating strategies to regulate infill and replacement housing; and putting forward a preferred strategy. 4.3.2.1 Phase 2 Key Tasks • Prepare a Planning Options Report that, at a minimum: o Lists the key compatibility issues/impacts confirmed during Phase 1; identifies different strategies/tools (e.g. policy, zoning, design guideline, other) to address each issue; and provides an analysis on the effectiveness of each strategy/tool in an easy to understand format (e.g. matrix); o Summarizes public, agency and stakeholder consultation from Phase 2 and how comments were addressed in the development of the preferred strategy; and; o Identifies and provides a rationale for a preferred strategy that may include: ■ Official Plan policy and/or Zoning changes: • Where these are identified as a preferred strategy, the Report shall provide a summary of proposed amendments to the Official Plan and zoning; and provide recommendations on whether zoning should be addressed through this Study process or through the City's upcoming Comprehensive Zoning By-law Review. • Process enhancements for the review of applications for Zoning By-law Amendments, Minor Variances, Land Division, Site Plan, Subdivision and Condominium: • Where these are identified as a preferred strategy, the Report shall outline the preferred change in process and, in consultation with the City's Project Manager, identify any potential budget, staff resource or other impact to the City. ■ Revisions to existing or creation of new Development Design Guidelines that are responsive to the unique built and natural elements of each established neighbourhood/area: •. Based on research and consultation undertaken in Phase 1, Development Design Guidelines may be established on a geographic basis (e.g. neighbourhood or defined area within a Page 9 of 23 ATTACHMENT hlTO REPORT # tL N a Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 neighbourhood); development scale basis (e.g. single lot replacement dwelling or addition; land division; block plans, plan of subdivision, and plan of condominium); or other appropriate basis. • Where Development Design Guidelines are identified as a preferred strategy, the Report shall provide details/draft content of what would be contained within the Guidelines. ■ Other appropriate tools such as resident design guidelines/information sheet for building permits, engineering standards, CIPs or tools to ensure built heritage character is maintained: • Where other appropriate tools are identified as a preferred strategy, the Report shall include an outline of what each tool would address. • Prepare 1st Draft of Planning Options Report and revise based on Project Committee feedback. • Prepare 2nd Draft of Planning Options Report, undertake public and stakeholder consultation, as identified in Sections 4.3:2.2 and 4.4, and revise Report based on public and stakeholder consultation. • Prepare Final Planning Options Report for presentation to Planning & Development Committee. 4.3.2.2 Phase 2 Consultation and Committee Meetings • 2 Project Committee Meetings: o 1St meeting to discuss the content and format of the Planning Options Report; and 0 2nd meeting to present the 1st Draft of the Planning Options Report. • Public and stakeholder consultation to present the 2nd Draft of the Planning Options Report: o Community Engagement Sessions: ■ Minimum of 2 community engagement sessions (e.g. public open house, charrette, workshop, etc.). • Purpose of these sessions is to obtain feedback on the analysis of different strategies to address the key compatibility issues and feedback on the preferred strategy. o Agency Consultation: • Durham Region; • Toronto and Region Conservation Authority; • Heritage Pickering Advisory Committee (to be undertaken by City staff); and • Committee of Adjustment (to be undertaken by City staff). o Development and Building Industry: Page 10 of 23 191 192 A'f`fJ-WHMUIEN! , TO REPO3`f Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D • BILD-Durham Chapter, Durham Region Home Builders Association and possibly targeted consultation with key developers. • 1 City of Pickering Planning & Development Committee Meeting to present the Final Planning Options Report: o Public and stakeholder input will also be invited after the Consultant's presentation to Planning & Development Committee. 4.3.2.3 Phase 2 Key Deliverables • Planning Options Report: o 1st Draft: electronic version for review and comment by Project Committee; o 2nd Draft for public and stakeholder consultation: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and • 2 bound hard copies for display at public/stakeholder meetings. o Final for presentation to Planning & Development Committee: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and • 3 bound hard copies. o Interim versions of the Draft and Final Reports will be required by the City's Project Manager for review and comment. • Table of contents/outline for the Recommendations Report which is to be delivered in Phase 3. • Presentation of the Planning Options Report to Planning & Development Committee: o City staff will prepare a covering Information Report to Planning & Development Committee for the Planning Options Report. 4.3.3 Phase 3 — Recommendations This final phase assembles all the consultation results and work conducted throughout the Study process into a Recommendations Report that provides direction for Official Plan policies; zoning provisions, including elements that should be addressed in the Comprehensive Zoning By-law Review; and other implementation tools that will be developed by City staff. The Recommendations Report will also provide final draft Design Guidelines the City can use in guiding future infill and replacement housing that is sensitive to the existing character in the neighbourhoods/areas studied. 4.3.3.1 Phase 3 Key Tasks • Prepare a Recommendations Report that, at a minimum: o Provides a high level summary of key elements from the Reports in Phases 1 and 2 to provide context (e.g. study purpose and objectives, neighbourhoods/areas that are part of the Study, neighbourhood character descriptions, etc.); Page 11 of 23 ATTACHMENTsr'__---__-___-_ 10REPORT # Na:?"fcj Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 o Summarizes public, agency and stakeholder consultation from Phase 3 and how comments were addressed in the development of recommended strategies and tools; o Explains the relationship between the various recommended tools and provides recommendations on timing of their implementation; o Provides a rationale for each of the recommended strategies and tools: ■ Where amendments to the Official Plan or zoning are recommended, the Report shall provide detailed direction and general phrasing on what amendments are recommended (e.g. decrease lot coverage in the R3 zones to 30%): • Specifically, where zoning amendments are recommended, the Report shall also outline a strategy of whether to proceed with stand-alone amendments or address the amendments through the City's upcoming Comprehensive Zoning By-law Review. • Actual amendments to the Official Plan or zoning will be prepared by City staff. • The process for public consultation and Council adoption of actual amendments to the Official Plan or Zoning By-laws will be undertaken by City staff after the completion of this Study. ■ Where process enhancements are recommended, the Report shall detail the changes that should be considered/made and confirm any potential budget, staff resource or other impact to the City identified in Phase 2. ■ Where other appropriate tools, such as resident design guidelines/information sheet for building permits, engineering standards, CIPs, or HCDs, are recommended, the Report shall provide detailed direction on what matters the tools should address and the content of the tools: • The preparation of other appropriate tools recommended in the Report will be undertaken by City staff, as warranted, after the completion of this Study. ■ Where Development Design Guidelines are recommended, the Report shall include the Final Draft Development Design Guidelines. • Prepare 1st Draft of the following and revise based on Project Committee feedback: o Recommendations Report; and o Design Guidelines. • Prepare 2nd Draft of the following, undertake public and stakeholder consultation, as identified in Sections 4.3.3.2 and 4.4, and revise based on public and stakeholder consultation: o Recommendations Report; and o Design Guidelines. • Prepare Final Recommendations Report and Final Draft Design Guidelines for presentation to Planning & Development Committee. Page 12 of 23 193 194 ATTACHMENT# TO REPORT # Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D. 4.3.3.2 Phase 3 Consultation and Committee Meetings RFP -8-2018 • 2 Project Committee Meetings: o 1St meeting to discuss the content and format of the Recommendations Report and Design Guidelines; and o 2nd meeting to present the 1st Draft of Recommendations Report and Design Guidelines. • Public and stakeholder consultation to present the 2nd Draft of the Recommendations Report and Design Guidelines: o Community Engagement Sessions: • Minimum of 2 community engagement sessions (e.g. public open house, etc.); • Purpose of these sessions is to obtain feedback on the recommended strategies and content/direction in the Design Guidelines. o Agency Consultation: • Durham Region; Toronto and Region Conservation Authority; • Heritage Pickering Advisory Committee (to be undertaken by City staff); and • Committee of Adjustment (to be undertaken by City staff). o Development and Building Industry: • BILD-Durham Chapter, Durham Region Home Builders Association and possibly targeted consultation with key developers. • 1 City of Pickering Planning & Development Committee Meeting to present the Final Recommendations Report and Final Draft Design Guidelines: o Public and stakeholder input will also be invited after the Consultant's presentation to Planning & Development Committee. 4.3.3.3 Phase 3 Key Deliverables • Recommendations Report: o 1st Draft: electronic version for review and comment by Project Committee; o 2nd Draft for public and stakeholder consultation: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and • 2 bound hard copies for display at public/stakeholder meetings. o. Final for presentation to Planning & Development Committee: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material, and • 15 bound hard copies. o Interim versions of the Draft and Final Reports will be required by the City's Project Manager for review and comment. Page 13 of 23 TTA,CHMEiNT,# ! TO REPORT # Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 • Draft Design Guidelines for neighbourhoods and/or areas identified through the Study: o 1st Draft: electronic version for review and comment by Project Committee: o 2nd Draft for public and stakeholder consultation: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material; and • 2 bound hard copies for display at public/stakeholder meetings. o Final Draft for presentation to Planning & Development Committee: • electronic version, including all original plans, diagrams, images and charts in their original format, and other supporting material, and • 15 bound hard copies. o Interim versions of the Draft Design Guidelines will be required by the City's Project Manager for review and comment. • Presentation of the Recommendations Report and Draft Design Guidelines to Planning & Development Committee: o City staff will prepare a covering Staff Recommendations Report to Planning & Development Committee for the Consultant's Recommendations Report and Draft Design Guidelines. 43.4 AODA Compliance and City of Pickering Brand Guidelines All documents and products produced by the Consultant that will be released to the public (electronic and hard copy) must comply with the City's Brand Guidelines and with the requirements of the Accessibility for Ontarians with Disabilities Act (AODA). This includes PowerPoint presentations, reports, newsletters, brochures and any other handout material. 4.3.5 Submission of Electronic Documents All electronic documents produced by the Consultant during the course of the Study and at the conclusion will be compatible with the City's Information Technology systems and software. At the conclusion of the Study, the Consultant will compile and submit to the City all electronic files corresponding, but not limited to, the following: • Letters and communications, memorandums, meeting minutes and agendas in Microsoft Word; • Background and technical documents in Microsoft Word or Excel, as applicable; • Study report(s) and appendices, and development design guidelines in Microsoft Word, Adobe InDesign and PDF formats, as applicable; • GIS files in an acceptable ArcGIS format (shapefiles and associated geodatabases); and • Sketches, drawings, illustrations and graphics in AutoCAD, Corel Draw or Adobe Illustrator, as applicable. Page 14 of 23 1 95 196 ATTACHMENT #. / TO REPORT # LN Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 4.4 Consultation and Engagement Strategy Initiating a dialogue with all stakeholders and facilitating participation in the process is key to achieving broad stakeholder support in the development and successful implementation of the Infill and Replacement Housing in Established Neighbourhoods Study. Given the level of community interest already expressed through Focus Group and public meetings held to date, a strong emphasis is to be placed on consultation and engagement in all phases of this Study. As such, the Consultant shall prepare, and include in their proposal, a Consultation and Engagement Strategy that demonstrate how they propose to provide an opportunity to understand the community's perceptions and assess the future needs of residents, the development industry and other stakeholders. The Consultant shall be responsible for the following: • Facilitation, presentation and subject matter expertise at public, agency and stakeholder meetings, including the preparation and delivery of any presentations; preparation and printing of handout material and/or display boards; assistance with session attendance; preparation of meeting minutes/summary; and, in consultation with the City's Project Manager, preparation of responses to comments and follow- up as necessary: o Agency consultation with the Heritage Pickering Advisory Committee and the Committee of Adjustment will be undertaken by the City's Project Manager. • Presentation and subject matter expertise at meetings of the Project Committee and Planning & Development Committee; including the preparation and delivery of any presentations; handout material and/or display boards; and preparation of meeting minutes/summary; • Providing input on appropriate methods/forms of consultation (e.g. workshops, open houses, charrettes, surveys, social media, project newsletters, etc.); • Recommending any additional consultation (and form of consultation) with specific stakeholders that may be warranted or appropriate to seek input on specific topics or matters over the course of the Study; • Development of social media messaging; and • Maintenance of a public consultation file, including a matrix documenting stakeholder and public comments with Consultant/City staff responses. The City's Project Manager will be responsible for the following: • Establishment and updating of a Study page on the City's website to facilitate communication with the public; • Creating and maintaining a database of public, stakeholder and agency contacts; • Posting of social media messaging; • Booking of venues and audio visual equipment, and provision of refreshments (as warranted) for all public and stakeholder meetings; • Circulation of any Study documents/deliverables; • Preparation and circulations of public notices in the local newspaper, mail, email, on the City's website, etc.; and Page 15 of 23 ATTACHMENTTO REPORT # LN Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 • Consultation with the Heritage Pickering Advisory Committee and the Committee of Adjustment. All external consultation elements will require pre -approval and are subject to participation by the City. The Consultation and Engagement Strategy proposed by the Consultant shall comply with Municipal Freedom of Information and Protection of Privacy Act requirements. 4.5 Additional Meetings and Presentations In addition to meetings with the Project Committee, Planning & Development Committee, the public, and other stakeholders as outlined in Section 4.3 (Scope of Work and Deliverables), the Consultant will participate in regular in-person meetings and/or conference calls with the City's Project Manager. and Manager of Policy and Geomatics to: • Confirm, and revise if necessary, project objectives, deliverables, Consultation and Engagement Strategy, and Work Plan, including discussion of any alternative approaches to Study; • Identify any matters not outlined in this RFP that should be addressed in the Infill and Replacement Housing in Established Neighbourhoods Study; • Provide project status updates in a manner and frequency to be determined by the City's Project Manager in consultation with the Consultant; and • The Consultant shall record the minutes and action items for all meeting noted above and provide to the City's Project Manager for review and concurrence. Additional presentations to the Planning & Development Committee may be required, over the course of the Study. The proposal shall include flexibility for one additional meeting of the Planning & Development Committee. 4.6 Project Management 4.6.1 The City's Project Manager The Study is being managed by the City Development Department who will assign a Project Manager to this project. The City's Project Manager will be responsible for supervising the study work to ensure it is carried out in accordance with the Terms of Reference and the Consultant's Proposal, to the satisfaction of the City. The City's Project Manager will monitor the progress of the Study, circulate reports from the Study for review and comment, liaise with the Consultant's Project Manager and exercise budgetary control. The City's Project Manager is to be: • Kept regularly informed on Study progress in a manner and frequency to be determined by the City's.Project Manager, in consultation with the Consultant's Project Manager; • Copied on all correspondence; • Advised of significant problems/issues and options considered; Page 16 of 23 197 198 ATTACHMENT # TO REPORT LN d Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 • Consulted regarding deviations from standards, specifications and procedures prior to their implementation; • Involved in any meetings with the public, agencies and other stakeholders: o All Consultant liaison with the public and other stakeholders must be approved by the City's Project Manager in advance. • Advised of any potentially controversial issues as they arise; and • Consulted prior to considering any changes to the project schedule, budget or tasks: o All changes must be approved by the City's Project Manager in advance. 4.6.2 The Consultant's Project Manager/ Project Team The Consultant will be responsible for providing all the necessary personnel and resources required to complete the Study, making sure every part of the Study process is covered within the budget. The Project team shall have the necessary qualifications to undertake the scope of work and deliverables detailed in Sections 4.3 (Scope of Work and Deliverables) and 4.4 (Consultation and Engagement Strategy). The Consultant shall assign a Project Manager to make all day-to-day decisions, address requests for information, coordinate the consultant project team members' work, provide direction to consultant staff and take responsibility for all the deliverables required in this Study. The Consultant's Project Manager will: • Attend all meetings with City staff, the community and other stakeholders; • Provide written responses to questions raised at meetings, as required; o The City's Project Manager is to review and approve responses prior to responding to the public and other stakeholders. • Liaise and correspond with the City's Project Manager to obtain and communicate information related to the Study; • Co-ordinate project tasks with any related task undertaken by the City; • Prepare and submit reports, drawings and other documentation to the City, to obtain comments, approvals/endorsements, as required; • Submit progress reports to the City's Project Manager at least five (5) days prior to any progress meeting; and • Receive the City's Project Manager's approval of any significant deviation from the approved, project schedule, budget or tasks in advance. 4.6.3 Administrative Matters • No material, data or information pertaining to the Study is to be released to any individual, group, organization or agency, without the express written consent of the City's Project Manager. Page 17of23 ATTACHMENT &` TO REPORT # Infill and Replacement Housing in Established Neighbourhood's. Study Excerpt of Appendix D RFP -8-2018 • All originals of reports, supporting documentation and presentation materials will be provided to the City Development Department upon completion of each project phase. • All reports, supporting documentation and presentation materials will be in a form and quality acceptable for reproduction and presentation as described above and shall be acceptable to the City's Project Manager. • All material will become the property of the City. 4.6.4 Project Schedule The Study is expected to take approximately eighteen (18) months. The Consultant will submit a Work Plan, in the form of a GANTT chart (or other similar illustration), for all portions of the contract in accordance with the Estimated Timeline below. The Work Plan must contain detailed descriptions of all tasks to be performed, staff responsible for each task, key milestones and activities for completing the work. The Consultant may propose alternative milestone events and/or dates, provided that the proposed overall Study duration does not exceed eighteen (18) months. Should the Consultant outline additional tasks, meetings, workshops or other activities necessary to achieve the objectives of the Study, those activities with their expected benefits shall be detailed in the Proposal. Costs of additional activities shall be indicated in Pricing Tables # 2 and #3 (Appendix C — Pricing Form). The Consultant will meet representatives of the City of Pickering as necessary to carry out the program requirements and the final Work Plan. No additional fees shall be charged for these meetings. Prior to starting the Study, the Consultant shall submit a final Work Plan for all portions of the Study. The City's Estimated Timeline Project Initiation Start-up Meeting July 2018 Phase 1 Existing Conditions & Preliminary Observations Report Project Committee meetings Public, agency and stakeholder consultation Planning & Development Committee meeting Outline for Planning Options Report January 2019 Phase 2 Planning Options Report Project Committee meetings Public, agency and stakeholder consultation Planning & Development Committee meeting Outline for Recommendations Report June 2019 Phase 3 Recommendations Report Project Committee meetings Public, agency and stakeholder consultation Planning & Development Committee meeting December 2019 Page 18 of 23 19 9 ATTACHMENT # `9'0 REPORT # Ey_ Infill ..:. _ Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 5.0 Study Budget The available budget for this project is $150,000.00 including HST. 6.0 Study Resources The City of Pickering will make a variety of documents and data available to the selected Consultant. In certain circumstances, the Consultant mayneed to enter into an agreement with the City or other public body to access or use certain data sets. The study resources include: City of Pickering: • City of Pickering Official Plan (Edition 7) • City of Pickering Official Plan Compendium Documents • City of Pickering Zoning By-law 3036 • City of Pickering Zoning By-law 2511 • City of Pickering Zoning By-law 2520 • City Centre Zoning By-law 7553/17 • Summaries of Major Residential planning applications and Building Permits • South Pickering Intensification Study and associated staff reports • City of Pickering Planning & Development Committee Report PLN 15-17 (Infill and Replacement Housing in Established Neighbourhoods) • City of Pickering Planning & Development Committee Report PLN 08-18 (Driveway Widening and Permeable Paving) • City of Pickering Site Plan Review Manual • City of Pickering Draft Plan of Subdivision Processing Manual • City of Pickering Minor Variance Application Process • City of Pickering Engineering Services Design Criteria • City of Pickering Integrated Transportation Master Plan (in progress) • City of Pickering Cultural Strategic Plan • City of Pickering Community Profile • City of Pickering Municipal Heritage Register Pickering Demographics & Statistics • City of Pickering Sustainable Development Guidelines and Scorecard for Neighbourhood Sustainability • City of Pickering Brand Guidelines Pickering Public Library: • Pickering Local History Collection Digital Archive Region of Durham • Durham Region Official Plan, Consolidation 2017 • At Home in Durham: Durham Region Housing Plan 2014 — 2024 200 Page 19 of 23 ATTACHMENT / REPORT i RN..01Q Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D Provincial Documents • Provincial Policy Statement, 2014 • Growth Plan for the Greater Golden Horseshoe, 2017 • Planning Act Census Data Data • Orthophotography, Region and City Official Plan, road network, sidewalks and trails, natural environment, land use and other GIS data, subject to a City of Pickering GIS Data Agreement outlining terms of use (ESRI software platform, Version 9.3.1; data projection NAD 28, Zone 17M) • Data from City Development's tracking system B. Material Disclosures The material disclosures that apply to this Request for Proposals, if any, are set out below. Not applicable for this Proposal. The pre -conditions of award that apply to this Request for Proposals, if any, are set out below. 1. The Proponent agrees to provide to the City for review after closing: a) a copy of the Health & Safety Regulations form (currently dated and signed); b) a certificate of insurance completed by the Company's agent, broker or insurer (City form is attached); and c) such further information as the City may require, as requested in writing. Items (a) and (b) do not have to be submitted with the proposal. Documentation (a) and (b) shall be provided within three (3) business days of written request by the City. The City's findings shall be used to serve the best interests of the Corporation of the City of Pickering. C. Mandatory Technical Requirements The mandatory technical requirements that apply to this Request for Proposals, if any, are set out below. Not applicable for this Proposal. Page 20 of 23 20.1 202 ATTACHMENT # /T TO REPORT ' PLN) aa _ Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D RFP -8-2018 D. Rated Criteria The following is an overview of the categories and weighting for the rated criteria of the Request for Proposals. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process. Weighting (Points Company's Experience and Qualifications 15 Understanding of Project 15 Work Plan and Deliverables 30 Project Manager, Project Team and Resources 20 Quality of References 5 Total Rated Criteria Points 85 51 Pricing 15 Total Points 100 Interview (Up to 3 Proponents, if required) 25 Total Points (if interview required) 125 Company's Experience and Qualifications = 15 Points a) Provide a Company profile and three (3) relevant examples of past projects within the last five (5) years that are comparable in scope. This should include a project synopsis that identifies the team members assembled who worked on the project, the current project status, budgeted costs versus actual costs, scheduling issues and resolutions, and design challenges or efficiencies. Provide client names, contacts and up-to-date contact phone numbers. b) A description demonstrating the Company's substantial resources and support services available. c) A description of the Company's proven methodology for communicating information to the applicable stakeholders. Understanding of Project = 15 Points The Proposal should include information that provides: a. Information that the Proponent understands the objectives and requirements of this project. Proponents must relate these objectives to past experience or expertise of the Proponent and/or their team; and b. A summary of the risks, problems or issues associated with the work and how they will be mitigated. Page 21 of 23 ATTACHMENT'1.0 REPORT # Infill and Replacement Housing in Established Neighbourhoods Study RFP -8-2018 Excerpt of Appendix D Work Plan and Deliverables = 30 Points The Proponent is to provide a written response which clearly and concisely details the following: a. An indication of when the Consultant can commence the work; b. A detailed work plan for Phases 1 - 3 indicating and detailing the method, tasks and deliverables, including an outline of the methods to engage and communicate with the public; c. A preliminary work schedule that identifies work phases (by Gantt Chart or other similar illustration) including key dates for major deliverables (concept, goals and objectives, development criteria, community workshops and focus groups, infrastructure and implementation) in the proposed detailed work plan; d. Proposed staffing roles and the amount of time that they will be dedicated to this project; e. State the assumptions regarding the roles and involvement of City staff; f. Identification of "value-added" services brought by the Consultant's team; and g. A description of the quality control methods that will be employed throughout the work phases. Project Manager, Project Team and Resources = 20 Points It is important that the Work be provided by a staff team that can demonstrate knowledge of, and experience in providing similar services for projects of comparable nature, size and scope. In particular, the Proponent should provide an overview of the key personnel who would be primarily involved in the project and include the following: a. Identify the prime firm submitting the Proposal and the sub -consultant firms (if applicable) that will be assembled to undertake the work for each part of the deliverables. b. The name, title, mailing address, phone number and e-mail address of the Project Manager; c. Condensed resumes and professional credentials of each individual on the Project Team that highlights their education, training, and work history; d. The respective roles of the team members and their current office locations. Team members named in this RFP cannot be replaced without prior written approval from the City; e. Current and future project list that will be undertaken by members of the Proponent's team including their current workload (i.e., identify other competing priorities that are assigned to each member within this project timeline); and f. Organizational chart that clearly defines the chain of command for each individual with the team. Page 22 of 23 203 204 ( p :0 Infill and Replacement Housing in Established Neighbourhoods Study Excerpt of Appendix D Quality of References = 5 Points RFP -8-2018 Relevance of projects similar in scope and value completed over the last five (5) years. Complete Appendix E — Reference Form (or supply on other paper stock) and submit with the proposal. The City will contact the. references provided as part of its evaluation process. Pricing = 15 Points Proponents should review, complete and submit Appendix C, Pricing Form. Interview - 25 Points (if required) Up to a maximum of three (3) of the top-ranked Proponents may be selected to attend an interview with key City staff at a mutually agreeable date/time at the City's specified location. Interview questions may be provided to those Proponents who have been chosen, prior to the interview. Page 23of23 PICKERING 0 Memo To: Kyle Bentley Director, City Development & Chief Building Official From: Ray Rodrigues Manager, Supply & Services Copy: Administrative Assistant, City Development Subject: Proposal No. RFP -8-2018, Infill and Replacement Housing in Established Neighbourhoods Study Closing Date: April 19, 2018 - File:. F-5300-001 J.u'ne 1, 2018 RECEIVED JON 01' 2018 CITY OF PICKERING city DEVELOPMENT DEPARTMENT Further to earlier memo dated April 19, 2018, 2 proposals proceeded to Stage 11 evaluation. The Evaluation Committee, consisting of City Staff from City Development, conducted independent evaluations of the proposals. A summary of average scores is completed and a copy is attached: In accordance with Item 2.6 Stage V — Ranking and Contract Negotiations, all scores from Stage II, Stage 111 and Stage IV have been added together, the proponents have been ranked based on their total scores, and may be selected to engage in contract negotiations. SGL Planning & Design Inc. is the highest ranking proponent in the amount of $130,670.00 plus HST. The highest ranking proponent may be selected for contract negotiations. Please advise if this is required. A budget of $150,000.00 was provided to Supply & Services for this procurement. If the recommendation to award exceeds the budgeted amount, refer to Financial Control Policy Item 11 for additional instructions. In accordance with Part B. Material Disclosures, Item 1, as a pre -condition of award, the selected proponent — SGL Planning & Design Inc. - will be required to provide the following documents for review. Please advise if we are to proceed with this task. (a) A copy of the City's Health and Safety. Policy form currently dated and signed; and (b) The City's certificate of insurance or approved alternative form shall be completed by the Proponent's agent, broker or insurer. In accordance with Purchasing Policy Item 10.04, where written proposals are obtained by the Manager in accordance with procedures set out in Section 06 and funds are available in the approved budget: (c) An award over $50,000 is subject to the additional approval of Council. 205 • ATTACHMENT HMEP T # ,J 9E:PORT # Please include the following items in your Report to Council: 1. if Items (a) and (b) noted above are acceptable to the Co-ordinator, Health & Safety or designate, if required; 2. if Item (c) is acceptable to the Manager, Budgets & Internal Audit; 3. any past work experience with the highest ranking proponent SGL Planning & Design Inc. including work location; 4. the appropriate account number(s) to which this work is to be charged; 5. .. tha\bLidget yn' o r t(s) assigned thereto; 6. Treasurer's'co'nfirmation of funding; 7. related departmental approvals; and 8. related comments specific to the project.. Upq`trecivi;ri.g...Coegpcil's approval, an approved "on-line" requisition will be required to proceed. Do not disclose any information to enquiries during this time. The Proponents will be advised of the outcome in due course. If you require further information, please feel free to contact me or a member of Supply & Services. RR �\ attachments (1) RFP -8-2018 Housing Infill Study 206 Page 2 of 2 RFP -8-2018 Housing Infill Closing Date: Apri 19, 2018 Clarification May 23, 2018 Rated Criteria Category Max Points SGL SvN Company's Experience and Qualifications 15 11.0 13.3 Understanding of Project' 15 13.0 13.0 Work Plan and Deliverables• 30 23.7 23.0 Project Manager, Project Team and Resources 20 16.3 17.7 Quality of References 5 4.3 • 4 Total Rated Criteria.(Threshld is 51) 85 68.3 71.0 Pricing 15 15.0 14.96 Total Points 100 83.3 86.0 Interview 25 22.0• 15.0 • Total Points (if interview required) . 125 105.3 101.0 . 207 DICKERING 64 Report to Planning & Development Committee Report Number: CAO 05-18 Date: June 18, 2018 From: Tony Prevedel Chief Administrative Officer Subject: Veridian Corporation Proposed Merger with Whitby Hydro Energy Corporation - File: L-1000-005-16 Recommendation: 1. That the amalgamation of Veridian Corporation ("Veridian Holdco") and Whitby Hydro Energy Corporation ("Whitby Holdco") be approved and authorized on the general terms and conditions set out in this Report; 2. That the amalgamation of Veridian Connections Inc. ("Veridian LDC") and Whitby Hydro Electric Corporation ("Whitby LDC") be approved and authorized on the general terms and conditions set out in this Report; 3. That, to give effect to the amalgamations, the Mayor and City Clerk are hereby authorized to execute the Merger Participation Agreement and Shareholders' Agreement substantially in the form provided to Council under separate cover, subject to such modifications as are acceptable to the Chief Administrative Officer; 4. That the Mayor and City Clerk are hereby authorized to execute such other agreements, documents and instruments as are required to implement the amalgamations, and to give effect to the above -noted Merger Participation Agreement and Shareholders' Agreement, on such terms as are acceptable to the Director, Finance &Treasurer and the Director, Corporate Services & City Solicitor; and 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Veridian, the local electricity distribution company for Pickering, Ajax, Clarington and Belleville, is proposing to merge with Whitby Hydro. If the merger is approved, Pickering will become a shareholder in a new, larger electricity distribution company with the combined assets and customer base of Veridian and Whitby Hydro. This transaction represents an opportunity for Veridian's shareholders, and value for its customers. The proposed merger will result in hydro rate stability for Veridian's existing customers. The merger also provides Pickering with an opportunity for enhanced revenues that are sustainable on an ongoing basis. At the same time, the merged company will be positioned to improve the reliability of its services. One of the strengths of the proposed merger is that there will be no single controlling shareholder. This ensures that each municipal shareholder's voice will be heard, and that a consensus approach will be required to effect any changes to governance, dividend policy or promissory notes. The 208 Report CAO 05-18 June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 2 merger transaction represents a balance between the need of the merged business to fund its operations and the need of the municipal shareholders for an acceptable return on investment. If the merger is approved by all the municipal shareholders, and ultimately by the Ontario Energy Board, the new utility will be in a better position to ensure that: • Electricity rates will remain stable and affordable, to the extent possible in Ontario's regulatory landscape. • Pickering and the other municipal shareholders should see an increase in their return on investment, projected to be $13.6 million over 17 years. • The new organization will have deeper financial resources to undertake new and innovative energy-related investments. Ontario's electricity sector has been characterized by mergers of smaller providers. Utility. mergers have been successful in lowering both the cost of living and the cost of doing business, resultingin better service for all stakeholders. Across Ontario; over 40 percent of all customers are currently served by municipally merged companies. Financial Implications: Veridian is the City'slargest investment. The City's annual budget includes $3.1 million from its Veridian investment, consisting of $1.9 million in dividends and $1.23 million in promissory note interest. From a financial strategy perspective, this investment serves to protect the City from the impact of catastrophic financial events. When evaluating the proposed merger, staff sought to ensure that the Veridian financial safety net remains intact for Pickering. The business case prepared for the utilities by Grant Thornton LLP concluded that a merger was in the best interest of the utilities and their shareholders and it is estimated Pickering will receive an additional $8.53 million over 17 years. The Veridian shareholders hired Deloitte LLP to conduct a peer review of Grant Thornton's business case. Deloitte LLP analyzed the business case and, based on their recommendations, City staff negotiated improvements to the merger terms which will result in an additional $5,070,000 in dividend income to Pickering over the 17 -year period. Discussion: On April 10, 2018, Veridian Corporation ("Veridian Holdco") delivered a presentation to City Council proposing a merger with Whitby Hydro Energy Corporation ("Whitby Holdco"). Key elements of the business deal presented by Veridian focussed on increased efficiencies of scale which will enable the mitigation of future rate increases and secure long-term dividends for its shareholders. The proposed deal is encapsulated in a Merger Participation Agreement and Shareholders' Agreement. 209 Report CAO 05-18 June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 3 Merger Participation. Agreement The Merger Participation Agreement ("MPA") sets out the basis on which the parties agree to merge Veridian Holdco and Whitby Holdco, as well as their respective regulated local distribution companies, Veridian Connections Inc. ("Veridian LDC" and Whitby Hydro Electric Corporation ("Whitby LDC"). The current Veridian and Whitby Hydro shareholders will be signatories to the MPA, along with Veridian Holdco, Whitby Holdco, Veridian LDC and Whitby LDC. Key provisions of the MPA are outlined in Attachment No. 1. Key provisions include: • Shareholdings — Pickering will own 27.88 percent of the shares of the merged holding corporation ("Merged Holdco"). Equity ownership levels are agreed and will not be adjusted at closing. The pre and post -merger share structure is set out in Attachment No. 2. • Representations and Warranties — The representations and warranties provided by each municipality are restricted to fundamental matters such as. valid existence and proper authorization. The merging utilities each provide fuller representations and warranties regarding their respective assets 'and. operations. The municipalities backstop the representations and warranties provided by their respective utility by providing an indemnity for breach, subject to a deductible and cap on liability. • .Closing Conditions —Among other things, conditions to close include approval by the Ontario Energy Board ("OEB'') and the delivery of a Shareholders' Agreement, in the form attached to the MPA, executed by all of the shareholders. Shareholders' Agreement The current Veridian. and Whitby Hydro shareholders will be signatories to the Shareholders' Agreement, along with Merged Holdco and Merged LDCco. The terms of the Shareholders' Agreement, which is the condition of merger closing referred to above, are outlined in Attachment No. 1. Key provisions include: • Shareholder Approvals — Certain significant matters require the special approval of shareholders holding 2/3 of outstanding shares. The breadth of items that must be submitted to the shareholders for approval is wider than under Veridian's current Shareholders' Agreement. o Exceptions requiring approval of 2/3 of shares plus 4 out of 5 in number of shareholders: • No shareholder may amend its promissory note without the agreement of all of the other shareholders, except if any proposed amendment is in the context of a proposed amalgamation or consolidation; and ■ Any amendment to the Shareholders' Agreement. 210 Report CAO 05-18 'June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 4 • Governance — The Merged Holdco board will consist of 11 directors,.5 of whom will be the shareholders' Mayors (or designates). The remaining 6 will be independent directors. The boards of Merged LDCco and the affiliates will consist of independent directors. • Governance Review — The Shareholders' Agreement provides that a governance review will take place 3 years following closing, and every 4 years thereafter. The review will include consideration of moving to a fully independent board for Merged Holdco, but does not require such a change. • Dividend Policy Principles — Dividend policy principles form an integral part of the Shareholders' Agreement and cannot be changed except with the special shareholder approval described above. The principles specify a target dividend, but the board retains ' discretion to determine specific dividend amounts subject to certain factors such as financial ratios and debt obligations. The dividend target of 52.5 percent was negotiated by all the parties to strike an appropriate balance between (i) the municipal shareholders' need for revenues and (ii) the merged company's need for working capital. The 52.5 percent dividend target is a projected higher rate than compared to a "no -merge" scenario and is in the market range of dividend rates for LDCs. While this target represents a projected increase in dividends over time, is at a level that still allows re -investment into the corporate group for additional future growth and maintains stability over electricity distribution rates. A higher dividend rate might well decrease re -investment potential and associated opportunity for growth, as well as place upwards pressure on electricity distribution rates (to the detriment of the customers). • Promissory Notes — The form of note is an integral part of the Shareholders' Agreement and cannot be changed except with the special shareholder approval described above. Interest rates are set for 10 -year period at the deemed long-term interest rate prescribed by -the OEB in its most recent cost of capital parameter update. On the tenth_ anniversary, the, annual interest rate will be adjusted to such OEB deemed long term rate in effect at that time, and then adjusted to such rate in effect at the earlier of the 5 year anniversary or the date on which Merged LDCco files a cost of service application. • Liquidity Provisions — The Shareholders' Agreement includes a right of first refusal, but such rights cannot be acted on during the 18 -month period following closing. Implications of the Merger The City of Pickering is the largest shareholder in Veridian Corporation, with 41 percent of the company's issued and outstanding shares. In addition to its share ownership, the City holds $25.069 million of Veridian promissory notes. The total value of the City's investment is presented below: December 31, 2017 Book Value Shares Promissory Notes Total Investment $81,505,144 , 25,069,000 $106,574,144 211 Report CAO 05-18 June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 5 Veridian is the City's largest investment. The City's annual budget includes $3.1 million from its Veridian investment, consisting of $1.9 million in dividends and $1.23 million in promissory note. interest. From a financial strategy perspective, this investment serves to protect the City from the impact of major catastrophic financial events. It represents the ultimate "rainy day" fund for the City. The City is dependent upon Veridian revenues to pay day-to-day operating expenses. When evaluating the proposed merger, staff sought to ensure that the Veridian financial safety net remains intact for Pickering. An important component of staffs due diligence was the business case peer review. A business case was prepared by Grant Thornton LLP on behalf of merging companies, to study 3 possible scenarios: (i) stand-alone operation; (ii) outright sale; and (iii) merger. The business case conclusion was that a merger was in the best interests of the utilities and their.shareholders. The Veridiari shareholders hired Deloitte LLP to conduct a peer review of Grant Thornton's business case. The Deloitte LLP consulting team has staff with a strong utilities background with many years' experience. They were able to review and analyze the hydro merger business case. The Deloitte peer review focused on the following factors as they relate to the business case: (i) assessing the reasonableness of the assumptions; (ii) whether the business case analysis supports the conclusions reached; and (iii) whether the business case presents a fair and reasonable case for moving forward with the merger. The business case executive summary states that "the proposed merger would result in risk mitigation and post -merger cost savings that would benefit shareholders and ratepayers and therefore generally supports moving forward with the merger." The financial benefits of the merger are presented below: Projected Revenues for Pickering Over 17 Years (In $ Millions) (November, 2017) (November, 2017) (March, 2018) Business Case Post -Peer Stand-alone Merged Review $38.10 $49.40 15.80 13.03 $53.90 $62.43 $54.47 13.03 $67.50 The 17 -year period used in the business case reflects current company forecasts and expected rate filings. Under the stand-alone scenario, over the 17 -year period, the projected revenue for the City is $53.90 million.' Under the business case merger model, the City's expected revenue is $62.43 million, or an increase of $8.53 million. The increase in return is based on higher anticipated profits from the merged business entity. During the peer review process, municipal staff asked Deloitte to test the fairness and .reasonableness of the dividend payout ratio. Their research and recommendations indicated that the dividend payout ratio could be increased to a 212 Report CAO 05-18 June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 6 higher level. Staff then proceeded to negotiate a higher ratio of 52.5 percent, which should result in additional revenues over the 17 year study period. As shown above, anticipated future dividend payments represent the largest component of future earnings. To help protect this important revenue stream, staff were able to strengthen the dividend policy principles of the Shareholders' Agreement. Under the MPA, the promissory note interest rate will be locked -in for a 10 -year period. The 10 year lock -in on the note interest rate is intended to give the merged corporation a chance to build, and to establish itself, rather than to have all profits distributed to the note holders. In a rising interest rate environment, locking in interest rates for' 10 years would probably not be the best financial strategy for the municipal note holder. However, the MPA does allow the municipality the flexibility to redeem.their promissory notes by providing 60 days' written notice, When the merger transaction is closed pursuant to the MPA, there is an opportunity for financial gain or loss through a financial mechanism called "Closing Adjustments." These closing adjustments reflect the change in each organization's assets and liabilities between the time the parties sign the various agreements and the actual closing date, after approval by the Ontario Energy Board. These adjustments and the corresponding dollar value will not be determined until after the entities are merged and the audited financial statements for each organization are produced. It is estimated that the closing adjustments dollar value will be approximately $200,000. The text of the MPA and the Shareholders' Agreement will be delivered to Council under separate cover. The agreements contain commercially sensitive information and, pursuant to the Municipal Freedom of Information and Protection of Privacy Act (Ontario), they must be kept in confidence until such time as the proposed merger is submitted to the Ontario Energy Board for the required regulatory approval_ Attachments: 1. Summary of Merger Participation Agreement and Shareholders' Agreement 2. Ownership Pre and Post -Merger Pre d By: Prepared By: Paul Bi Direct PB:ks rate Services & City Solicitor Stan Karwowski Director, Finance & Treasurer 213 Report CAO 05-18 June 25, 2018 Subject: Proposed Merger with Whitby Hydro Energy Corporation Page 7 Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer 214 Potential Merger: Veridian Corporation and Whitby Hydro Energy Corporation Summary of Merger Participation Agreement and Shareholders' Agreement r z 0 n� WHITBY Aizz r • - _ �Jarrr�r.� [.f'1 PICKERING C!aringtoi2 May 3, 2018 Merger Participation Agreement WHITBY A 3C I CKERING Clarington LEGAL AGREEMENTS SUMMARY Merger Participation Agreement General All five municipalities along with Veridian Corporation and Whitby Hydro Energy Corporation (the "Holdcos") and Veridian Connections Inc. and Whitby Hydro Electric Corporation (the "LDCs") are parties to the Merger Participation Agreement (MPA") The MPA is separated into eight sections: Article 1: Definitions Article 2: Amalgamation Article 3: Closing Deliveries Article 4: Closing Conditions Article 5: Representations and Warranties Article 6: Covenants Article 7: Indemnification Article 8: General Provisions Na WHITBY Akix- PICKERING j avrw n.v - .wvwow @�lkr 7f+� Clarington LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Valuation t Ownership • Equity ownership of the New Holding Company (that will be formed by the amalgamation of the Holdcos) as set out in MPA are based on valuations agreed between the parties, and would have the New Holding Company owned as follows (rounded): • Ajax -22% • Belleville — 9°/0 • Clarington — 9% • Pickering — 28% • Whitby — 32% • The New Holding Company will own the New LDC (that will be formed by the amalgamation of the LDCs) and any non-regulated affiliate companies (e.g., service providers, renewables companies, etc) WPICKERING 1, c,idrngwwn LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Post -Closing Adjustment Mechanism • Audited financial statements to be prepared as of date of closing • Mechanism included to allow challenges regarding accuracy of audited statements • Both sides to prepare comparison of certain metrics as of the closing date against target values including: • Working Capital • Total Debt • Net Fixed Assets • Net Regulatory Assets • New Contracts • Net Other Assets and Liabilities • Net Non -Balance Sheet Valuation Amounts; and • if necessary. a Special Adjustment for the cost of any work (relating to identified diligence issues) that is not completed prior to closing • Any post -closing adjustment will be paid by the New Holding Company to the applicable Shareholder(s). if the adjustment is significant, payments will be in annual tranches to minimize cash flow impact. rrvH�rsv j ❑�;rwrta❑ tw�r wvn CO Gam. -r — • - �.�c PICKERING CJazl'gton ]Eti Circ Lwle � LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Signing deliverables Prior to the parties entering into the MPA, at least the following will need to be delivered: • Directors' resolutions of the LDCs and the Holdcos approving the transactions • By-law or resolution of each shareholder's council approving the transactions Closing Deliverables The following items: among others, will be delivered at the time of the amalgamation: • Signed Shareholders' Agreement • Documents required by statute to effect the amalgamations • Share certificates, minute books, corporate records, etc. • Third party consents • Officer's certificates PICKERING C!arigton 6 LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Closing Conditions • Representations/warranties remain true • Parties have complied with all obligations, covenants and agreements • Municipal councils' approval obtained • Third party consents have been obtained • No material adverse change, or change in credit rating/ability to pay debt • Competition Act approval • Ontario Energy Board approval • No adverse tax consequences WHITBY Jry7r' x 1CKERiNG ory ian•o cnrvFoa @. Lokc Cial1ngtoa LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Representations and Warranties • Wide range of representations/warranties on a number of matters • Some representations/warranties are absolute, and some are only made to the knowledge of each LDC/Holdco • Disclosure Schedules may qualify representations/warranties Covenants Amongst other covenants, in the period between signing the MPA and Closing the transactions the parties will: • Prepare Transition Plan • Complete tasks to address outstanding due diligence items • Conduct business in the ordinary course/not make any major changes without consent • Obtain necessary third party consents • Use commercially reasonable efforts to satisfy closing conditions • Allow continued access for due diligence purposes ▪ Co-operate on transition planning, Competition Act / OEB approvals and public statements • Maintain confidentiality WHITBY , :*x - --c� PICKER] NC aiI:ih U)i1 LEGAL AGREEMENTS SUMMARY Merger Participation Agreement Indemnification • Municipalities each to provide indemnity for breach of representations. warranties and covenants under the MPA. Most representations, warranties and covenants have a survival period of 18 months and so cease to be a basis for an indemnity claim after 18 months. • Minimum threshold (and deductible) of $500,000 for a claim by Whitby and $1,000,000 for a claim by Veridian shareholders (cannot claim if damages are less than such amount) • Shareholder(s) suffering damage must seek to mitigate and seek to recover from insurance first • Maximum liability will be the agreed percentage (e.g.. 15%) of the municipality's share of the aggregate enterprise value of the amalgamated corporation; and • No maximum aggregate liability for claims involving fraud, gross negligence or fraudulent misrepresentation -- n� WHITBY AjaxxPICKER]NG w Ghon WHITBI�' r..��c Shareholders' Agreement Vax PiCKERING Clarington LEGAL AGREEMENTS SUMMARY Shareholders' Agreement General • All five municipalities along with the New Holding Company and the New LDC are party to the Shareholders' Agreement ("USA") Separated into twelve Articles • Article 1: Definitions and General Provisions • Article 2: Business of the Corporations • Article 3: Corporate Affairs of the Corporations • Article 4: Representations; Warranties and Covenants • Article 5: Pre-Emptive Rights • Article 6: Transfer of Shares • Article 7: Closing of Purchase Transaction • Article 8: Non -Competition and Confidentiality • Article 9: Sale of Surplus Assets • Article 10: Books, Records and Right to Information • Article 11: Term • Article 12: Promissory Notes • Article 13: Further General Provisions crk 1•2WHITBY Alai PICKERING o�,,.9 nao ey�„«iAe Clarington LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Business of the Corporations • New Holding Company will hold all shares in the New LDC and Affiliates and, as shareholder, will have certain supervisory and directive powers, but it will not carry on any business directly • New LDC will engage in the regulated distribution business • Affiliates will engage in business activities as authorized by their boards (other than regulated distribution), such as energy services. generation, storage, combined heat and power, etc. Standards of Service • New LDC required to provide services in accordance with industry standards and so that all service areas enjoy common standards and derive equal benefits. Matters Requiring Shareholder Approval • List of matters included in USA for which the agreed super -majority shareholder approval is required (i.e., approval of shareholders holding two-thirds of shares) • Includes changes to New Holding Company constating documents or corporate structure, certain types of large or otherwise important business transactions by any of New Holding Company, New LDC or Affiliates, exceeding specified financial ratios, changing director compensation and various other matters. WHITBY C KE RI • CIadnngtoR On rgw.v-enrawon � g?. �e mak[ 1? LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Board of Directors — New Holding Company • The New Holding Company board will consist of eleven Directors. of which five will be Mayors, or their designates, and six will be Independent Directors. • The initial six Independent Directors will include four recommended by the existing Veridian board and two by the existing Whitby Hydro board. Replacement Independent Directors will be selected by a Nominating Committee of the New Holding Company which will be comprised of Independent Directors • The Chair of the New Holding Company board to be chosen from the Independent Directors. • Two of the Independent Directors of the New Holding Company (other than Chair of the board) will also be appointed to the New LDC board. • Two of the Independent Directors of the New Holding Company (other than Chair of the board) will also be appointed to the each Affiliate board. • No Independent Directors of New Holding Company will be appointed to BOTH the New LDC and Affiliate boards. • The terms for the Independent Directors to be three years with maximum of three terms. Terms will be staggered initially to avoid excessive Board turnover in any year. ‘- WHITBY A a r x r P]CKER1NG POTAF 0 ""A Pn ��•;ne Loke Clarington LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Board of Directors — New LDC • The New LDC Board will consist of seven directors including two Independent Directors that also serve on the New Holding Company board and five Independent Directors. ▪ The initial five Independent Directors will be nominated by Whitby Hydro (one director), Veridian (two directors) and a third party consultant (two directors). Replacement Independent Directors will be recommended by the New LDC board for approval by the New Holding Company. • Chair to be chosen annually by the complete New LDC board from the Independent Directors (excluding those that also serve on the New Holding Company board). • Term of Independent Directors to be three years with maximum of three terms. Terms will be staggered to avoid excessive turnover in any particular year. WHITBY 4,4?1,c„ PICKERING G'1arort 15 LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Board of Directors — Affiliates • The initial Affiliate Boards will consist of two Independent Directors that also serve on the New Holding Company board and, initially, three other Independent Directors. • The three initial Independent Directors will be nominated by Whitby Hydro (one director) and Veridian (two directors). Replacement Independent Directors will be recommended by the Affiliate boards for approval by the New Holding Company. • Chair to be chosen annually by the complete Affiliate board from the independent Directors (excluding those that also serve on the New Holding Company board). • Term of Independent Directors to be three years with a maximum of three terms. Terms will be staggered. • Affiliate board composition must comply with OEB Affiliates Relationship Code • Flexibility to permit an increase in size of Affiliate Boards if the New Holding Company board concludes that business conditions warrant this. n1. WHITBY N o v. co P1CKER1 NG fJaringrau LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Governance Review The initial board of the New Holding Company would include the Mayors. or their designates, in addition to six Independent Directors. However, the USA specifies that after three years, and every four years thereafter, a governance review would be undertaken. The Governance Review would involve the following process: i6 ci The board of New Holding Company would engage support required for the process: c The scope of the governance review would be confirmed by such board, but is expected to be broad and will consider moving to a fully independent New Holding Company board. The process would involve engaging all stakeholders (shareholders, directors and management) to get their perspective. The board's recommendations at each governance review would be brought to the shareholders next annual general meeting for a vote and each recommendation can be voted on independently; Shareholder approval for governance changes would require approval of shareholders holding two-thirds of all shares of the New Holding Company. WHITBY Aja c PICKERING HJ•:irc L�Re Clar w wwn LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Dividend Policy Principles • USA sets target levels for New Holding Company dividends to shareholders • Targets are fixed amounts for the first three years and thereafter are based on a fixed percentage of net income • The board of the New Holding Company has necessary discretion to ensure targets can be achieved without jeopardizing viability of the business or breaching applicable laws Representations and Warranties • All shareholders give basic representations and warranties such as that their shares are not encumbered and the USA is duly authorized, executed and delivered _04;4- WHITBY 4;4- WHITBY A/kiiire Lunck P1CKER1NG ❑vinnro fl. N Cn \� By Claringtou LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Restrictions on Transfer or Issuance of Shares • Any proposed transfer of shares to another shareholder or to a third party cannot be initiated until at least 18 months after closing of the amalgamations • Each municipality has a Right of First Refusal on any proposed sale of shares to a third party. • The shareholders will also have standard anti -dilution rights. • If certain shareholders together propose to sell a majority of all of the issued shares in the New Holding Company, then the other shareholders have a right to pro rata participation in such transaction. Non -Competition and Confidentiality • During the term of the USA and for a period of two years after a shareholder ceases to be a shareholder it cannot compete with the business of the New LDC in Ontario. • Shareholders must keep confidential the information of the New Holding Company, New LDC and Affiliates. P]CK ER]NG Sy :he .Lakr +Glarington 8 LEGAL AGREEMENTS SUMMARY Shareholders' Agreement Sale of Surplus Assets and Sale of Distribution Assets • Right of first offer given to municipal shareholder in whose legal boundaries the surplus assets (i.e., land and buildings) are located • If New LDC wants to sell all distribution assets in a particular municipality, that municipal shareholder will have a right of first offer to purchase such assets Promissory Notes • Each promissory note to rank equally • Shareholder can unilaterally demand repayment of a note at any time • Notes cannot be amended without approval of other shareholders Amendments • Amendments to the USA can be made with the approval of 4 of 5 shareholders holding at least two-thirds of all issued shares Dispute. Resolution • Disputes to be settled by arbitration r.) WHITBY w &ak PICKERING J ..y rF: Lake Clarington 19 Veridian Ownership 121,000 Customers E Pickering ■ Ajax o Clarington D Belleville Merge Co Ownership 162,500 Cus.tomers • Pickering ■ Ajax Clarington D Belleville o Whitby