HomeMy WebLinkAboutApril 4, 2022
Present:
Mayor David Ryan
Councillors:
K. Ashe
M. Brenner
S. Butt
C. Doody-Hamilton
B. McLean
D. Pickles
Also Present:
M. Carpino - Chief Administrative Officer
K. Bentley - Director, City Development & CBO
P. Bigioni - Director, Corporate Services & City Solicitor
S. Cassel - City Clerk
C. Rose - Chief Planner
D. Jacobs - Manager, Policy & Geomatics
N. Surti - Manager, Development Review & Urban Design
R. Perera - Deputy Clerk
C. Morrison - Principal Planner, Development Review
E. Martelluzzi - Senior Planner, Development Review & Heritage
I. Lima - (Acting) Planner II
1. Roll Call
The City Clerk certified that all Members of Council were present, and participating in-
person.
2. Disclosure of Interest
No disclosures of interest were noted.
Moved by Councillor Ashe
Seconded by Mayor Ryan
That the rules of procedure be suspended to allow one additional delegation, under
Section 4 of the agenda regarding Report PLN 20-22.
Carried on a Two-Thirds Vote
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Hybrid Electronic Meeting – 7:00 pm
Chair: Councillor Pickles
Draft Planning & Development
Committee Meeting Minutes
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Hybrid Electronic Meeting – 7:00 pm
Chair: Councillor Pickles
3. Statutory Public Meetings
Councillor Pickles, Chair, gave an outline of the requirements for a Statutory Public
Meeting under the Planning Act. He outlined the notification process procedures and also
noted that if a person or public body does not make oral or written submissions to the City
before the By-law is passed, that person or public body are not entitled to appeal the
decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be
added as a party to the hearing unless, in the opinion of OLT, there are reasonable
grounds to do so.
Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for
the Statutory Public Meeting portion of the meeting, explaining the process for discussion
purposes as well as the order of speakers.
3.1 Information Report No. 06-22
Zoning By-law Amendment Application A 08/21(R1)
Tribute (Liverpool) Limited
Northwest corner of Highway 401 and Liverpool Road
A statutory public meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above-noted application.
Isabel Lima, (Acting) Planner II, provided the Committee with an overview of
Zoning By-law Amendment Application A 08/21(R1). Through the ai d of a
PowerPoint presentation, Ms. Lima outlined the subject lands, noting that the
purpose of the amendment was to facilitate the construction of a high-density,
mixed-use development. She further spoke to the revised site plan, planning
policy framework, public comments, planning and design comments, and the next
steps in the application process.
Michael Testaguzza, The Biglieri Group, joined the hybrid electronic meeting via
audio connection and noted that Mark Ionga, and Peter Jacovcic, Director, Tribute
(Liverpool) Limited, Mansoor Kazerouni, IBI Group, and Ismet Medic, Traffic
Expert, WSP, were also connected to the meeting via audio connection. Through
the aid of a PowerPoint presentation, Mr. Testaguzza discussed the subject lands,
the planning policy framework, the proposed three towers, access points to the
site, requested height increases, public benefits of the proposal, and the required
zoning amendments.
George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via
audio connection to speak to Zoning By-law Amendment Application A 08/21(R1).
Mr. Turner stated that he understood population growth and added that he trusted
that the City’s Official Plan would accommodate the growth. He spoke to the
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Chair: Councillor Pickles
original proposal from the applicant and noted that the revised proposal had not
been amended significantly and that the proposed building heights remain the
same as those noted in the original submission. Mr. Turner discussed the
proposal setting a precedent, residents becoming disengaged in the planning
process, and questioned whether the City’s Official Plan was being developed
through public consultation. He referred to a motion pertaining to dissolving the
Ontario Land Tribunal (OLT), presented at the March 28, 2022 Council Meeting,
and stated that residents believe developers are in charge of the process. He
noted that developers needed to be transparent and no ted that Tribute was
actively advertising for the proposed development and questioned whether the
units being sold were under the premise of the permitted number of storeys. He
expressed his support for the part of the proposal allocating 27 units to Habitat for
Humanity, and questioned whether Habitat for Humanity had been consulted as
they had not submitted comments on the application. Mr. Turner further
questioned what would happen to the 27 units being allocated to Habitat for
Humanity, should council refuse the requested height amendment. He added that
The Biglieri Group had the City listed as a corporate client on their website and
that he confirmed with City Staff, that at least since 2017, no billings had been
incurred by the City, and that the Company’s website also included outdated
images of the building renderings from the original submission. Mr. Turner
concluded his delegation by noting that the proposal was deviating from the
Official Plan with respect to height restrictions and asked that Committee be
cautious in setting a precedent.
Michael Testaguzza, The Biglieri Group, responded to comments and questions
raised by the delegation by advising that the height being requested was decided
upon the context of the site, Habitat for Humanity being a partner in the proposal
with respect to the design, and that The Biglieri Group would ensure that their
website was updated with the most recent client listing and images of the various
applications.
A question and answer period ensued between Members of the Committee, Staff,
Mr. Testaguzza, Mr. Medic, and Mr. Kezerouni, regarding:
• the plans for the Walnut Lane extension going north from Highway 2;
• impact to traffic on Liverpool Road and whether traffic studies had been
conducted;
• impact to birds due to the height of the buildings and bird friendly design
guidelines;
• whether the grade of the subject site was similar to the grade of the
Pickering Town Centre lands in terms of elevation above sea level;
• configuration of the three building and whether there was any data on
potential wind tunneling;
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Chair: Councillor Pickles
• concerns regarding the City also conducting a City Centre Traffic Study
Master Plan and which traffic study would be relied upon in considering the
application;
• the mechanisms in place to ensure that the 27 units for Habitat for
Humanity are guaranteed;
• indoor and outdoor amenities for the three towers, and whether there was a
possibility for the creation of a soccer or baseball field;
• whether the proposal could include a prayer room for the future residents;
• ownership of lands surrounding the subject site and the proposed park
trails requiring the approval of landowners and the Toronto Region
Conservation Authority (TRCA); and,
• reaching out to other municipalities who worked with Tribute Homes and
Habitat for Humanity, to discuss the process to ensure the affordable units
were included in development.
Staff were requested to provide information on the impact of the City Centre
Transportation Study on the transportation impacts of the proposed development.
3.2 Information Report No. 07-22
Official Plan Amendment OPA 21-02/P
Zoning By-law Amendment A 13/21
2465 Brock Road Development Inc.
2465 Brock Road
A statutory public meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above-noted application.
Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, provided
the Committee with an overview of Official Plan Amendment OPA 21-02/P and
Zoning By-law Amendment Application A 13/21. Through the aid of a PowerPoint
presentation, Ms. Martelluzzi outlined the subject lands, noting that the purpose of
the amendment was to permit a high-density mixed-use development. She further
spoke to the applicant’s proposal, planning policy framework, public comments,
planning and design comments, and the next steps in the application process.
Sacha Singh and, Akil Heywood, 2465 Brock Road Development Inc., and
Shakeel Walji, The Sher Corporation, joined the hybrid electronic meeting via
audio connection and noted that they were available for questions.
George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via
audio connection in support of the applications. He added that the proposal was
not requesting many amendments and that the proposal would be a good view
once built.
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Hybrid Electronic Meeting – 7:00 pm
Chair: Councillor Pickles
Heather Allan, Pickering Resident, joined the hybrid electronic meeting via audio
connection in opposition to Official Plan Amendment OPA 21-02/P and Zoning By-
law Amendment A 13/21. Ms. Allan discussed concerns regarding impacts to
traffic, the lack of recreation facilities in the subject area, and added the porter
flights that move through the area was not considered. She further spoke to new
stop lights in the area and its impact to traffic flow and stated that schools in the
City were over crowded due to new development. Ms. Allan noted that 2465 Brock
Road was situated on a hill and that there would be problems pertaining to soil
stabilization. She further noted that two access points to the development would
create additional construction which would be an issue as Concession Road 3 and
Valley Farm Road would be closed in the near future for at least two years.
Shakeel Walji, The Sher Corporation, responded to comments and questions
raised by the delegation by noting that a traffic study had been conducted, the
projection by the Region that Brock Road would become a six-lane road in the
future, and the two access points to the site being proposed in consultation with
the Region.
Catherine Rose, Chief Planner, stated that the traffic signal locations had been
carefully planned with the Region for the last 20 years.
A question and answer period ensued between Members of the Committee, Staff,
and Mr. Walji, regarding:
• the two access points into the site and whether one of them would be a
stop light with the other being a right only exit;
• connectivity between the buildings and whether there would be an elevator
feature to the underground parking;
• sustainability features offered in the development;
• concerns from the cemetery owners adjacent to the site regarding
construction and the type of measures that would be taken to minimize the
impact of construction to the cemetery;
• EV charging stations and EV bikes and how this was being implemented;
• work undertaken to ensure the suitability of the soil of the subject lands;
• whether the Region indicated the timelines for Brock Road being
transformed into a six-lane road;
• the announcement of a new school, currently referred to as the Creekside
School;
• confirmation that School Boards were a commenting agency on the
proposal; and,
• the design for the Seaton Recreation Complex being in the 2024 capital
budget.
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4. Delegations
4.1 George Turner
Re: PLN 17-22
Zoning By-law Amendment Application A 11/21
Universal City Seven Developments Inc.
Southwest corner of Sandy Beach Road and future Celebration Drive
(Part of Lot 21, Concession 1, Now Part 3 40R-30834)
George Turner, 1780 Listowell Crescent, joined the hybrid electronic meeting via
audio connection and noted that he had raised questions to City Staff regarding
the impact to Units 4 and 5 should Unit 7 be approved and growth in the City
Centre and its relation to the job ratio. He added that Staff had advised that the
City was tracking new residential growth in the City Centre and that Staff would be
addressing policy conformity around such matters in a future recommendation
report to Council. Mr. Turner further added that Staff advised that as part of the
supplemental report, staff would be recommending a monitoring program with
annual reporting for strategic growth areas in Pickering, and questioned whether
Council had seen the supplemental report to base their decision on.
4.2 Michael Vani, Weston Consulting
Re: PLN 17-22
Zoning By-law Amendment Application A 11/21
Universal City Seven Developments Inc.
Southwest corner of Sandy Beach Road and future Celebration Drive
(Part of Lot 21, Concession 1, Now Part 3 40R-30834)
Michael Vani, Weston Consulting, joined the hybrid electronic meeting via audio
connection and noted that he was the agent representing Universal City Seven
Developments Inc. Mr. Vani noted that he worked closely with City Staff to refine
the application based on the comments received from the public at the January
public meeting. He spoke to the adjustments made to the application an d stated
that he was in support of staff’s recommendation and was available for questions.
4.3 Paul White, President, Fairport Beach Neighbourhood Association
Re: PLN 19-22
Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy
Paul White, President, Fairport Beach Neighbourhood Association, joined the
hybrid electronic meeting via audio connection to speak to Report PLN 19-22. He
noted that the Association had made a complaint regarding the January 10, 2022
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Hybrid Electronic Meeting – 7:00 pm
Chair: Councillor Pickles
Special In-camera Meeting of Council to the Ombudsman, and that the complaint
had not yet been resolved. He stated that the issue was whether the exemption
used under the Municipal Act to move into a closed meeting applied to the subject
matter which was being considered. He added that while municipalities were
required to have their meetings open to the public, there were provisions in the Act
for certain forums to be private, which should be considered carefully. He added
that the provision used on January 10th was the provision of litigation or potential
litigation which should be r eserved for subject matter of litigation or a reasonable
prospect of litigation. He added that David Steele, Pickering West Shore
Community Association, and himself, had sent a letter to Council questioning the
rationale for holding a closed meeting. Mr. White referred to the draft policy and
questioned the need for more in-camera meetings and asked that receipt of
appeals should also be s ent to the chairman of the Committee of Adjustment. Mr.
White concluded his delegation by stating that allowing process to play out would
be more advantageous.
4.4 Matthew Cory, Malone Given Parsons Ltd.
Re: PLN 20-22
Envision Durham – Growth Management Study
Alternative Land Need Scenarios Summary Report
Matthew Cory, Malone Given Parsons Ltd., joined the hybrid electronic meeting
via audio connection to speak to Report PLN 20-22, and added that he was
present on behalf of the Seaton Landowners Group. Through the aid of a PDF
presentation, he added that the different scenarios noted in the Report either
increase or decrease low and high density units. He spoke to the need for medium
density type of units, modifying the scenarios, and added that Scenario 2 was the
right one for land use planning. He asked that the Committee consider the
modified scenario 2 which would be in conformity with the growth plan and would
provide for a better mix in housing. He expressed concerns regarding an over
reliance and an over estimation of supply in apartments stating that this was a
deviation from market-based demands for such units. He noted that while there
was a reduction to high density housing in the modified scenario 2, the percentage
of new units being apartments was still higher than noted by the Region. He
concluded his delegation by noting that he would look forward to working with the
City and the Region.
5. Planning & Development Reports
5.1 Director, Corporate Services & City Solicitor, Report LEG 08-22
1185497 Ontario Limited – Plan of Subdivision 40M-1912
- Final Assumption of Plan of Subdivision
- Lots 1 to 6, Plan 40M-1912
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Chair: Councillor Pickles
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Chair: Councillor Pickles
-Acorn Lane/Brock Road
Recommendation:
Moved by Councillor Ashe
Seconded by Councillor Brenner
1. That works and services required by the Subdivision Agreement within Plan
40M-1912, which are constructed, installed or located on lands dedicated
to, or owned by the City, or on lands lying immediately adjacent thereto,
including lands that are subject to easements transferred to the City, be
accepted and assumed for maintenance;
2. That 1185497 Ontario Limited be released from the provisions of the
Subdivision Agreement and any amendments thereto relating to Plan 40M-
1912; and,
3. That the appropriate City of Pickering officials be authorized to take the
actions necessary to implement the recommendations in this report.
Carried
5.2 Director, City Development & CBO, Report PLN 17-22
Zoning By-law Amendment Application A 11/21
Universal City Seven Developments Inc.
Southwest corner of Sandy Beach Road and future Celebration Drive
(Part of Lot 21, Concession 1, Now Part 3 40R-30834)
A question and answer period ensued between Members of the Committee and
Staff regarding:
• whether comments from residents, regarding exploring opportunities to
make the proposed green roofs accessible to future residents for activities
such as walking their dogs, would be addressed;
• concerns expressed by Durham Regional Police regarding in-building radio
coverage for first responders and whether the developers would take on the
costs associated with rerouting the signals;
• whether the approval of Universal City 7 would impact the approval of
Universal City 4 and 5; and,
• addressing the questions expressed by the delegate Mr. Turner, prior to the
Report coming back to Council for approval.
Recommendation:
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5.3 Director, City Development & CBO, Report PLN 18-22
Envision Durham – Identifying a Regional Natural Heritage System
- The Region of Durham Municipal Comprehensive Review
A question and answer period ensued between Members of Committee and Staff
regarding:
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Chair: Councillor Pickles
Moved by Mayor Ryan
Seconded by Councillor Ashe
1. That Zoning By-law Amendment Application A 11/21, submitted by
Universal City Seven Developments Inc., to permit a 37-storey residential
condominium building with approximately 482 residential units at the
southwest corner of Sandy Beach Road and future Celebration Drive be
approved, and that the draft Zoning By-law Amendment, as set out in
Appendix I to Report PLN 17-22, be finalized and forwarded to Council for
enactment;
2. That Zoning By-law Amendment Application A 11/21, to amend City Centre
Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol
on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set
out in Appendix II to Report PLN 17-22, be finalized and forwarded to
Council for enactment;
3. That prior to issuing Site Plan Approval, Universal City Seven
Developments Inc. shall satisfy the City with a letter from the H6
Landowners’ Group acknowledging that the Owner has either entered into
the Universal City Infrastructure Agreement and Cost Sharing Agreement,
or the Owner has satisfied all financial obligations under the said Universal
City Infrastructure Agreement and Cost Sharing Agreement; and,
4. That Council grants an exemption in accordance with Section 45 (1.4) of
the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the
Committee of Adjustment to consider minor variance applications resulting
from the processing of future site plan or building permit applications
submitted by Universal City Seven Developments Inc., for the lands
municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834,
before the second anniversary of the day on which an applicant-initiated
zoning by-law amendment was enacted for the subject lands.
Carried
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• clarification regarding how the Review would impact the City and the
environmental components that are part of the Regional Natural Heritage
System;
• whether the Report was reviewed by Sustainability Staff in City
Development;
• whether the majority of the lands were in private ownership and whether
the Plan would be used to manage the lands through easements;
• whether the lands were in the W hitebelt area;
• Natural Heritage System not being a designation and rather being a
planning tool to add layers to sit on top of primary layers such as residential
layers;
• the City requesting that the Province protect the Whitevale wetland and
remove the area from an urban designation, and any attempt to include the
area in the Natural Heritage System contradicting conformity to the
Region’s Plan;
• a Notice of Motion being the best mechanism to bring forward the matter of
protecting the Whitevale wetlands; and,
• clarification regarding the Whitebelt not being a natural heritage system.
Staff were requested to provide Report PLN 18-22 to Sustainability Staff for their
review prior to the Report coming to the April 25, 2022 Council Meeting.
Recommendation:
Moved by Mayor Ryan
Seconded by Councillor Doody-Hamilton
That Council support the draft Regional Natural Heritage System (RNHS) for the
new Regional Official Plan and endorse staff’s comments contained in Report PLN
18-22.
Carried
5.4 Director, City Development & CBO, Report PLN 19-22
Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy
A question and answer period ensued between Members of the Committee and
Staff regarding;
• the exemptions, under section 239(2) of the Municipal Act, used for the
January 10, 2022 Special In-Camera Meeting of Council and the
appropriateness of the exemptions;
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Draft Planning & Development
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Chair: Councillor Pickles
• costs associated with hiring external representation for a minor Committee
of Adjustment appeal;
• whether the draft policy was in the public’s interest and Member’s being
able to request an in-camera meeting to consider an appeal;
• the community being ill equipped to appear at OLT hearings to defend their
position;
• results of debates of in-camera matters being announced publicly; and,
• ensuring that the Policy is updated to reflect that appeals of Committee of
Adjustment decisions are also circulated to the Chair, Committee of
Adjustment.
Recommendation:
Moved by Mayor Ryan
Seconded by Councillor Ashe
That the Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy, dated April 25, 2022, be approved as
set out in Appendix I to Report PLN 19-22.
Carried on a Recorded Vote as Follows:
Yes No
Councillor Ashe Councillor Brenner
Councillor Butt Councillor McLean
Councillor Doody-Hamilton
Councillor Pickles
Mayor Ryan
5.5 Director, City Development & CBO, Report PLN 20-22
Envision Durham – Growth Management Study
- Alternative Land Need Scenarios Summary Report
A question and answer period ensued between Members of Committee and Staff
regarding:
• the recommendation addressing a balance between the different housing
mixes;
• Staff’s initial recommendation for scenario 3;
• comparison between the different scenarios outlined in the Report;
• Kingston Road being a redevelopment area and the proposed unit mix in
scenarios 2 and 3 still anticipating a majority of high-density housing;
• where the greenfield areas are located in the City;
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Chair: Councillor Pickles
• the unit mix breakdown for Seaton being 40% low-density, 40% medium-
density, and 20% high-density;
• scenario 5 not creating any ramifications for the City as most of the green
space was already designated and the intensification already taking place
on Kingston Road;
• scenario 4 creating a balance and recognizing some growth, in terms of
new lands, across the Region;
• Durham Regional Environment Advisory Committee recommending
Northeast Pickering become part of the greenbelt and the report being
referred to the Region’s Planning and Economic Development Committee;
• growth being inevitable in Pickering as the City is neighboring Toronto,
immigration increasing due to world situations, and the population rising in
the GTA;
• the responsibility of addressing the needs for growth being the
responsibility of the Region and the individual municipalities;
• residents wanting a mix of accommodation as opposed to high rise
residential buildings;
• the City only being a commenting body and the final decision on the final
scenario being with the Region;
• confirmation that the greenbelt would not be including new community area
lands and greenfields;
• confirmation that specific lands were not being identified as part of the New
Community Area Land;
• whitebelt lands not being exclusive to Northeast Pickering;
• Staff’s recommendation, noted in Report PLN 20-22, being scenario 3 with
modifications;
• the revised recommendation being a hybrid between scenario 2 and 3; and,
• comparison between the revised recommendation and the staff
recommendation noted in Report PLN 20-22.
Recommendation:
Moved by Councillor Ashe
Seconded by Councillor Doody-Hamilton
1. That Council endorse the Staff Comments contained in Section 3 of Report
PLN 20-22 as the City’s formal comments on the Envision Durham’s
Alternative Land Need Scenarios Summary Report, prepared by Watson &
Associates Economists Ltd. and Urban Strategies Inc., dated March 2022,
except that Council recommend that the Region, in establishing the new
urban area land needs, use a modified Community Area Land Need
Scenario 2, with an increased intensification rate of 50%; and an adjusted
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Chair: Councillor Pickles
mix of housing densities within Designated Greenfield Areas, such that the
Durham Total New Unit Mix results in an increased percentage of medium
density units at approximately 40 – 45%; a reduced amount of high density
at approximately to 20 - 25%; maintains the number of low density units at
approximately 35 – 40%; and maintains the percentage of secondary units
at 3%; and,
2. That the appropriate City of Pickering staff be authorized to take the
necessary actions as indicated in this report.
Carried Later in the Meeting (See the Following Motion)
Moved by Councillor McLean
Seconded by Councillor Brenner
That Report PLN 20-22 be referred back to staff until such time that the Regional
Planning and Economic Development Committee has made a decision regarding
the Durham Regional Environment Advisory Committee’s recommendation to
allocate Northeast Pickering in the greenbelt.
Motion Withdrawn
The Main Motion was then Carried on a Recorded Vote as Follows:
Yes No
Councillor Ashe Councillor Brenner
Councillor Butt
Councillor Doody-Hamilton
Councillor McLean
Councillor Pickles
Mayor Ryan
6. Other Business
6.1 Councillor Brenner asked whether the City had a mechanism to track affordable
and rental housing and whether the date was available to the public on the City’s
Website. Kyle Bentley, Director, City Development & CBO, advised that the City
does not currently have a mechanism in place an d that Staff would look into the
matter.
Councillor Brenner gave Notice of a Motion regarding a housing strategy
mechanism to track affordable and rental housing. Councillor Brenner noted that
he may withdraw his Notice of Motion depending on Staff’s findings.
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6.2 Councillor Pickles gave Notice of a Motion regarding designating the Whitevale
Former Gravel Pit/Wetlands.
7. Adjournment
Moved by Mayor Ryan
Seconded by Councillor Butt
That the meeting be adjourned.
Carried
The meeting adjourned at 10:52 pm.
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Chair: Councillor Pickles
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