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June 27, 2022
Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. 5:00 pm In Camera Council Page 1. Roll Call 2. Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Council Minutes, May 24, 2022 (Confidential In Camera Council Minutes, May 24, 2022, provided under separate cover) 1 Executive Committee Minutes, June 6, 2022 25 Special Council Minutes, June 6, 2022 (Confidential In Camera Special Council Minutes, June 6, 2022, provided under separate cover) 37 Planning & Development Committee Minutes, June 6, 2022 44 Special Council Minutes, June 20, 2022 52 6. Presentations 6.1 Colin Thomson, Commodore (In Person) Ivan Barsby, Vice Commodore (In Person) Gary Endicott, Past Commodore (In Person) PARA Marine Search & Rescue Re: Presentation to Councillor McLean in Recognition of his Tenure as Chair of PARA Marine Search and Rescue 7. Delegations Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public looking to provide a verbal delegation to Members of Council may do so either in person, or through a virtual audio telephone connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. A maximum of 10 minutes shall be allotted for each delegation. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Charles Peralta, Owner/Barber, FYF Studio Re: Waterfront Permit Parking 7.2 Bernadette Recto, Owner, Pilates by Bernadette Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking 7.3 Rev. Michlynn Walton, Owner/Operator, Grandads Ice Cream Parlour Re: Corr. 27-22 Rev. Michlynn Walton, Owner/Operator, Granddads Ice Cream Parlour Immediate Implementation of Business Improvement Measures 7.4 Eileen Higdon Re: Municipal Elections and Voter Engagement 8. Correspondence 8.1 Corr. 26-22 58 Paul Bigioni, Director, Corporate Services & City Solicitor, City of Pickering Re: Short Term Rentals Recommendation: That Corr. 26-22, from Paul Bigioni, Director, Corporate Services & City Solicitor, City of Pickering, dated May 31, 2022, regarding Short Term Rentals, be received for information. Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 8.2 Corr. 27-22 88 Rev. Michlynn Walton, Owner/Operator, Granddads Ice Cream Parlour Re: Immediate Implementation of Business Improvement Measures Recommendation: 1. That Corr. 27-22, from Rev. Michlynn Walton, Owner/Operator, Granddads Ice Cream Parlour, dated June 19, 2022, regarding Immediate Implementation of Business Improvement Measures, be received and endorsed; and, 2. That the appropriate staff, through the Office of the CAO, be directed to: a) implement immediate measures to enable a system of validation for free parking for customers and employees of businesses in the Nautical Village; and, b) report back in the new term of Council, on the legislated process to establish a Business Improvement Area (BIA), in accordance with the Municipal Act, for the Nautical Village. 8.3 Corr. 28-22 89 Bernadette Recto, Owner, Pilates by Bernadette Re: Objection to the City’s Proposed Waterfront Paid Parking Recommendation: That Corr. 28-22, from Bernadette Recto, Owner, Pilates by Bernadette, dated June 20, 2022, regarding Objection to the City’s Proposed Waterfront Paid Parking, be received for information. 8.4 Corr. 29-22 92 Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, City of Pickering Heritage Pickering Advisory Committee 2021 Year End Report and 2022 Workplan Recommendation: Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Corr. 29-22, from Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, City of Pickering dated June 22, 2022, regarding the Heritage Pickering Advisory Committee 2021 Year End Report and 2022 Workplan, be received for information. 9. Report EC 06-22 of the Executive Committee held on June 6, 2022 Refer to Executive Committee Agenda pages: 9.1 Director, Community Services, Report CS 08-22 1 Pickering Sports Medicine & Wellness Centre - Lease Agreement Recommendation: 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Sports Medicine & Wellness Centre set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Community Services, Report CS 11-22 23 Amberlea Tennis Club Court Expansion - Shadybrook Park Recommendation: 1. That Report CS 11-22, regarding Amberlea Tennis Club Court Expansion at Shadybrook Park, be received; 2. That Council endorse, in principle, the proposed plan to design and construct a third court at Shadybrook Park for Tennis and Pickleball; 3. That funding for design and construction of the third court at Shadybrook Park for Tennis and Pickleball be considered in the preparation of the 2023 Parks Capital Budget; Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 4. That subject to approval of the design and construction of the third court at Shadybrook Park for Tennis and Pickleball, staff be directed to update the lease agreement with Amberlea Tennis Club and return it for Council’s approval; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions indicated in this report. 9.3 Director, Engineering Services, Report ENG 11-22 40 Toronto and Region Conservation Authority - Non-mandated Programs and Services Recommendation: 1. That Report ENG 11-22, regarding Toronto and Region Conservation Authority (TRCA) Non-mandated Programs and Services, be received for information; 2. That City staff be authorized to continue discussions with TRCA on the development of a Memorandum of Understanding (MOU) for municipally requested non-mandatory programs and services; 3. That staff report back to the Executive Committee on progress of developing a MOU no later than June, 2023; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.4 Director, Engineering Services, Report ENG 14-22 47 Claremont Drainage Plan - Municipal Class Environmental Assessment Recommendation: 1. That Report ENG 14-22 of the Director, Engineering Services regarding the Claremont Drainage Plan Municipal Class Environmental Assessment be received; Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Claremont Drainage Plan completed by Wood Environment & Infrastructure Solutions dated May 10, 2022 be endorsed in principle by Council and submitted to the Ministry of the Environment, Conservation and Parks; 3. That staff be authorized to issue a Notice of Study Completion in accordance with the Municipal Class Environmental Assessment process; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations of this report. 9.5 Director, Engineering Services, Report ENG 16-22 133 Proposed All-way Stop - Spruce Hill Road and Shadybrook Drive Recommendation: 1. That the attached draft by-law be enacted to amend Schedule "7" to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Spruce Hill Road and Shadybrook Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Operations, Report OPS 03-22 138 Beverley Morgan Community Park - Licence Renewal Agreement Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure - Hydro One Networks Inc. for a further ten year term, commencing August 1, 2022 and ending on July 31, 2032, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 9.7 Director, City Development & CBO, Report PLN 26-22 156 Geographic Information System Corporate Strategic Plan - Preliminary Assessment and Evaluation, and GIS Vision Recommendation: That Report PLN 26-22 regarding the Geographic Information System Corporate Strategic Plan, and the Executive Summary of the Preliminary Assessment and Evaluation Report, dated April 29, 2022, prepared by Geographic Technologies Group and contained in Appendix I, be received for information. 9.8 Director, City Development & CBO, Report PLN 27-22 165 Proposed Amendment to the City’s Street Naming Policy Recommendation: 1. That the draft Street Naming Policy ADM 220, as amended in relation to War Veterans and the War Dead, contained in Appendix I to Report PLN 27-22, be approved; and, 2. That a copy of Council’s resolution and the revised Street Naming Policy ADM 220 be forwarded to the Royal Canadian Legion, Branches 606 and 483, the Regional Municipality of Durham, and the Durham Regional Police Services. 9.9 Director, City Development & CBO, Report PLN 28-22 180 Heritage Permit HP 01-22 - Demolition of former Whitevale Blacksmith Shop 405 Whitevale Road Recommendation: 1. That the Heritage Permit Application HP 01/22, to demolish the former Whitevale Blacksmith Shop, be approved, subject the following conditions: Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca a) that a demolition plan is submitted to the satisfaction of the Director, City Development & CBO, including notes for salvage and storage of a selection of metal tiles, nails, ring fasteners (metals) and available wood materials; and, b) that an appropriate location for storage of materials is provided to the satisfaction of the Director, City Development & CBO; 2. That staff take necessary steps to salvage wood, metal, or other materials to be preserved at the Pickering Village Museum, as part of a collection, or in Whitevale as display, or plaque; and, 3. That the appropriate City officials and staff be authorized to take the necessary actions to implement Council’s decision. 10. Report PD 06-22 of the Planning & Development Committee held on June 6, 2022 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 29-22 16 Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road Recommendation: 1. That Zoning By-law Amendment Application A 08/21 (R1), submitted by Tribute (Liverpool) Limited, to permit a high-density, mixed-use development, consisting of 3 residential towers having heights of 46, 49, and 53 storeys, containing a total of 1,779 units and 1,155 square metres of commercial space at grade, located at the northwest corner of Highway 401 and Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 29-22, be finalized and forwarded to Council for enactment; and, 2. 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 Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca building permit applications submitted by Tribute (Liverpool)Limited, for the lands located at the northwest corner of Highway 401 and Liverpool Road, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 10.2 Director, City Development & CBO, Report PLN 30-22 51 Official Plan Amendment OPA 20-003/P Zoning By-law Amendment Application A 07/20 Site Plan Application S 06/20 Calloway REIT (Pickering) Inc. (SmartCentres) 1899 Brock Road Recommendation: 1. That Official Plan Amendment Application OPA 20-003/P, submitted by Calloway REIT (Pickering) Inc., to add a site specific policy for the lands located at the northeast corner of Pickering Parkway and Brock Road, to permit a minimum net residential density of over 80 units per hectare and no maximum density, increase the maximum permitted Floor Space Index (FSI) to 5.0, and add additional uses to facilitate a phased, high-density, mixed-use development, be approved, and that the draft by-law to adopt Amendment 45 to the Pickering Official Plan, as set out in Appendix I to Report PLN 30- 22 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 07/20, submitted by Calloway REIT (Pickering) Inc., to permit a phased high-density, mixed-use development consisting of 5 towers with building heights ranging between 25 to 32 storeys, containing a total of approximately 1,599 residential units and 4,568 square metres of commercial space at grade, located at the northeast corner of Pickering Parkway and Brock Road, be approved, subject to the proposed zoning provisions contained in Appendix II to Report PLN 30-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 3. 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 Site Plan Application S Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 06/20 and future site plan for Phase 2 or building permit applications, submitted by Calloway REIT (Pickering) Inc., for the lands located at the northeast corner of Pickering Parkway and Brock Road, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 11. Reports – New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report CAO 09-22 95 Employment Land Strategy Review Recommendation: 1. It is recommended that the Employment Land Strategy Review submitted by Dillon Consulting Limited and Lorius and Associates, set out in Attachment 1 of this Report, be received; 2. That the Employment Land Strategy Review dated June 2022, be endorsed in principle; 3. That staff be directed to investigate and implement the recommendations outlined in the Employment Land Strategy Review; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.2 Director, Economic Development & Strategic Projects, Report CAO 10-22 218 Economic Development Strategy Staff / Consultant Delegation Chris Steele, Principal, Economic Development, EBP US (In Person) Recommendation: 1. That the Economic Development Strategy: Report & Plan (set out in Attachment 1) and Foreign Direct Investment Analysis (set out in Attachment 2), submitted by EBP US Inc., be received; Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Economic Development Strategy: Report & Plan and Foreign Direct Investment Analysis, dated June 2022, be endorsed in principle; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report and action plan. 11.3 Director, Economic Development & Strategic Projects, Report CAO 11-22 294 High Frequency Rail - Business Analysis for an HFR Station in Pickering Staff / Consultant Delegation Mausam Duggal, National Director, Transportation Planning and Science, WSP (In Person) Recommendation: 1. That Report CAO 11-22 from the Director, Economic Development & Strategic Projects regarding the High Frequency Rail Station Business Analysis completed by WSP be received; 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 3. That the City Clerk forward a copy of Report CAO 11-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. 11.4 Chief Administrative Officer, Report CAO 13-22 298 Approval of “Youth Academic Engagement Strategy – Reaching Higher University & College Prep & Application Review” - Pickering Anti-Black Racism Taskforce (PABRT) Recommendation: 1. That Council approve the Pickering Anti-Black Racism Taskforce led initiative, Youth Engagement Strategy (“Reaching Higher”) on Saturday, July 23, 2022, per ADM 040 Boards and Advisory Committees of Council Policy and on terms and conditions Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca satisfactory to the Division Head, Public Affairs & Corporate Communications and the Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.5 Director, Community Services, Report CS 12-22 302 Boardview Advertising Inc. - Licence Fee Relief and Licence Amending Agreement Recommendation: 1. That Report CS 12-22, regarding Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement, be received; 2. That the Mayor and City Clerk be authorized to execute the attached Licence Amending Agreement, with Boardview Advertising Inc., containing the following conditions: a) that the monthly licence fee payments payable to the City in the amount of $4,583.33 be waived from April 2020 to February 2022; b) that the monthly licence fee payments be reduced by 75 per cent to $1,145.83 for the months of March, April and May 2022; c) that the monthly licence fee payments be reduced by 65 per cent to $1,604.17 for the months of June, July and August 2022; d) that the monthly licence fee payments be reduced by 50 per cent to $2,291.67 for the months of September, October and November 2022; e) that the Licence Agreement with the City be extended from December 1, 2022 to November 30, 2023 at the full monthly licence fee payment of $4,583.33 or $55,000.00 per annum; f) that the Licence Agreement with the City be extended from December 1, 2023 to November 30, 2024 and increased by Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2.5 per cent at a new monthly licence fee payment of $4,697.92 or $56,375.00 per annum, g) that the Licence Agreement with the City be extended from December 1, 2024 to November 30, 2025 and increased by 2.5 per cent at a new monthly licence fee payment of $4,815.33 or $57,784.00 per annum; h) subject to minor revisions acceptable to the Director, Community Services and the Chief Administrative Officer and in a form and content acceptable to the City Solicitor and Director of City Corporate Services; and, 3. That the appropriate officials of the City of Pickering be authorized to take all the necessary actions to give effect to the recommendations as indicated in this report. 11.6 Director, Community Services, Report CS 13-22 320 Esplanade Park – Artist Selection - Commission of Public Art Recommendation: 1. That Council endorse that the commission of public art for Esplanade Park be awarded to Studio F Minus in the amount of $80,000 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $72,042 as provided for in the 2022 Current Budget as follows: a) the sum of $30,000 to be funded by the Community Revitalization Fund (CCRF); b) the sum of $42,042 to be funded by a transfer from the Public Art Reserve; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Studio F Minus and the City of Pickering, set out in Attachment 4, subject to minor revisions Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.7 Director, Community Services, Report CS 14-22 375 Seaton Fire Headquarters – Artist Selection - Commission of Public Art Recommendation: 1. That Council endorse that the commission of public art for Seaton Fire Headquarters be awarded to Patrick Bermingham in the amount of $90,000 (HST included); 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $81,048 as follows: a) the sum of $81,048 as provided for in the 2022 Fire Services Capital Budget be financed by a transfer from the Public Art Reserve Fund; b) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding between Patrick Bermingham and the City, as set out in Attachment 4, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.8 Director, Engineering Services, Report ENG 18-22 443 Sandy Beach Road Reconstruction - Elexicon Energy Hydro Pole Relocation Recommendation: Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That the quotation for hydro pole relocation submitted by Elexicon Energy for the Sandy Beach Road reconstruction project in the amount of $310,524.00 (HST included) be accepted; 2. That the total gross project cost of $341,576.00 (HST included) and the total net project cost of $307,600.00 (net of HST rebate) for the Elexicon Energy Hydro Pole Relocation be approved; 3. That Council authorize the Director, Finance & Treasurer to fund the net project cost of $307,600.00 as follows a) the sum of $153,800.00 as approved in the 2019 Development Projects (DC-Funded) Capital Budget to be funded by a transfer from the Development Charges – City’s Share Reserve; b) the sum of $153,800.00 as approved in the 2019 Development Projects (DC-Funded) Capital Budget to be funded by a transfer from the Development Charges – Transportation Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.9 Director, Engineering Services, Report ENG 19-22 448 Walnut Lane Extension - Municipal Class Environmental Assessment Staff / Consultant Delegation Jon Newman, Project Manager, AECOM Canada Ltd. (Virtual) Heather Nottbeck, Deputy Project Manager, AECOM Canada Ltd. (Virtual) Karl Grueneis, Senior Environmental Planner, AECOM Canada Ltd. (Virtual) Recommendation: Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 1. That Report ENG 19-22 of the Director, Engineering Services regarding the Walnut Lane Extension Municipal Class Environmental Assessment be received; 2. That the Walnut Lane Extension Kingston Road to Liverpool Road Municipal Class Environmental Assessment Draft Environmental Study Report, June 2022, prepared by AECOM Canada Ltd. be endorsed in principal; 3. That staff be authorized to complete the Environmental Assessment process and issue a Notice of Study Completion and file the Draft Environmental Study Report for the 30 day public review period in accordance with the Municipal Class Environmental Assessment process; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.10 Director, Finance & Treasurer , Report FIN 10-22 627 Annual Treasurer’s Statement Report – Summary of Activity for the Year Ended December 31, 2021 Recommendation: 1. That Report FIN 10-22 of the Director, Finance & Treasurer entitled “Annual Treasurer’s Statement Report: Summary of Activity for the Year Ended December 31, 2021” as required by the Development Charges Act and Planning Act be received for information; and, 2. That the City of Pickering’s “Annual Treasurer’s Statement Report” be made available to the public on the City of Pickering’s website. 11.11 Director, Finance & Treasurer, Report FIN 11-22 637 2022 Final Property Tax Due Date for Commercial, Industrial, and Multi- Residential Realty Tax Classes Recommendation: 1. That Report FIN 11-22 of the Director, Finance & Treasurer be received; Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the Director, Finance & Treasurer be authorized to issue the final 2022 Property Tax Bills for Commercial, Industrial, and Multi- Residential properties with a due date of September 28, 2022; 3. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4. That the draft By-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.12 Fire Chief, Report FIR 02-22 642 Repeal of By-Law 7049/10 being a By-law to Require the Installation of Carbon Monoxide Detectors in Residential Occupancies Recommendation: 1. That Report FIR 02-22 of the Fire Chief, regarding the repeal of By-law 7049/10, be received; 2. That By-Law 7049/10, being a By-law to require the installation of carbon monoxide detectors in residential occupancies, be repealed; 3. That the attached draft By-law to repeal By-law 7049/10 be approved; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 11.13 Director, Corporate Services & City Solicitor, Report LEG 14-22 649 Transfer of Lands to the Region of Durham for the Kingston Road (Highway 2) Bus Rapid Transit Project - Part of Lots 156, 163 and 164, RCP 816, designated as Part 1, Plan 40R-31396 - Part of Block 55, 40M-1480, designated as Part 1, Plan 40R-31395 Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca - Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession, designated as Part 2, Plan 40R-31400 - Part of Dunchurch Street being Part of Lot 25, Concession 1 Pickering, designated as Part 5, Plan 40R-31400 - Part of the Road Allowance between Lots 24 and 25, Concession 1 Pickering, designated as Part 1, Plan 40R-31388 - Part of the Road Allowance between Lots 16 and 17, Concession 2 Pickering, designated as Part 4, Plan 40R-31428 - Part Lot 1, Concession 2 Pickering as in CO177977 and Part Lot 1, Concession 2 Pickering as in CO176719, except CO177977; and, - Road Allowance between the Township of Whitby and the Township of Pickering; Part Lot 35, Concession 1 Pickering as in CO75459; being Lakeridge Road (AKA Regional Road #23) between Dundas Street and Highway 401 save and except Part 1, Plan 40R-26251 Recommendation: 1. That the following lands be declared surplus to the needs of the City of Pickering and be transferred to the Regional Municipality of Durham for nominal consideration: a) Part of Lots 156, 163 and 164, RCP 816, designated as Part 1, Plan 40R-31396; b) Part of Block 55, 40M-1480, designated as Part 1, Plan 40R-31395; c) Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession, designated as Part 2, Plan 40R-31400; d) Part of Dunchurch Street being Part of Lot 25, Concession 1 Pickering, designated as Part 5, Plan 40R-31400; e) Part of the Road Allowance between Lots 24 and 25, Concession 1 Pickering, designated as Part 1, Plan 40R- 31388; f) Part of the Road Allowance between Lots 16 and 17, Concession 2 Pickering, designated as Part 4, Plan 40R- 31428; Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca g) Part Lot 1, Concession 2 Pickering as in CO177977 and Part Lot 1, Concession 2 Pickering as in CO176719, except CO177977; and, h) Road Allowance between the Township of Whitby and the Township of Pickering; Part Lot 35, Concession 1 Pickering as in CO75459; being Lakeridge Road (AKA Regional Road #23) between Dundas Street and Highway 401 save and except Part 1, Plan 40R-26251 (collectively, the “Properties”); 2. That Council approves the Offers to Sell between the Region of Durham, as purchaser, and the Corporation of the City of Pickering, as vendor, and authorizes the Mayor and Clerk to execute the said Offers to Sell, as set out in Attachment No. 1, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 3. That the Director, Corporate Services & City Solicitor be authorized to execute on the City’s behalf any documents, instruments, transfers and agreements as may be necessary to complete the transactions; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. 11.14 Director, Operations, Report OPS 04-22 670 Town Hall Park (formerly referred to as Brougham Parkette) - Licence Renewal Agreement Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with Her Majesty The Queen In Right Of Canada as represented by the Minister of Transport for a further ten year term, commencing December 1, 2022 and ending on November 30, 2032, in the form attached hereto, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor, and the Chief Administrative Officer; and, Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. 11.15 Director, Operations, Report OPS 12-22 680 Request for Additional Funds for the Construction of Fire Station #1 Recommendation: 1. That Report OPS 12-22 of the Director, Operations regarding additional costs for Tender No. T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive be received; 2. That additional costs in the amount of $203,520.00 (net of HST rebate) over the original tender amount for T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive resulting in a revised tender amount of $9,183,840.00 (net of HST rebate) be approved; 3. That additional costs in the amount of $56,160.00 (net of HST rebate) for additional FF&E above the $300,000.00 previously approved Capital Budget be approved; 4. That the Director, Finance & Treasurer be authorized to finance the additional net project costs of $259,680.00 as follows: a) the sum of $179,645.00 to be funded by a transfer from the Development Charges – Protective Services Reserve Fund; b) the sum of $62,725.00 to be funded by a transfer from the Development Charges – City’s Share Reserve; c) the sum of $17,310.00 to be funded by a transfer from the Seaton FIA Reserve Fund; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.16 Director, Operations, Report OPS 15-22 686 Supply & Delivery of Various Vehicles - Quotation No. Q2022-10 Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Recommendation: 1. That Quotation No. Q2022-10 submitted by Blue Mountain Chrysler LTD., in the amount of $621,042.00 (HST excluded) be accepted; 2. That the total gross project cost of $701,777.46 (HST included), and that the total net project cost of $631,972.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $631,972.00, as provided for in the 2020 to 2022 Capital Budgets as follows: a) the sum of $502,388.00 to be funded from the Vehicle Replacements Reserve; b) the sum of $25,000.00 to be funded from Donations; c) the sum of $67,859.00 to be funded from Property Taxes; d) the sum of $36,725.00 to be funded from the Development Charges - Protective Services Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 11.17 Director, Operations, Report OPS 16-22 692 Tillings Yard Remediation Recommendation: 1. That Council delegate the authority to award a contract, with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer; and the cost not to exceed $2,635,584.00 (net of HST) from a public tender to be issued at the earliest opportunity to meet compliance with applicable government trade legislation and in accordance with the City’s Purchasing Policy, and that staff report back to Council; 2. That in accordance with Purchasing Policy Item 10.03 (c), additional consulting costs for Cambium Inc. be approved on a Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer, with costs to be funded from the same source as Recommendation 1; 3. That in accordance with Purchasing Policy Item 10.03 (c), Independent Project Managers be retained on a schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer, with costs to be funded from the same source as Recommendation 1; 4. That the Director, Finance & Treasurer be authorized to finance the additional fee referenced in Recommendations 1, 2, and 3 in the amount of $2,635,584.00 by a transfer from the Operations Centre Reserve Fund; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.18 Director, City Development & CBO, Report PLN 33-22 696 Lease Agreement – Big Bite Gourmet Burgers Inc., 1550 Kingston Road, Unit 50 - Temporary Patio Program – Use of City Owned Lands Recommendation: 1. That Council approve the Draft Lease Agreement for the Temporary Use of City Property within the boulevard on Valley Farm Road, adjacent to 1550 Kingston Road, Unit 50, between the City of Pickering and Big Bite Gourmet Burgers Inc. for the period June 27, 2022 to November 30, 2022, as set out in Appendix I to Report PLN 33-22; 2. That the Mayor and City Clerk be authorized to execute the Lease Agreement between the City of Pickering and Big Bite Gourmet Burgers Inc. in the form as appended to this report subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor and the Director, City Development & CBO; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 11.19 Director, City Development & CBO, Report PLN 34-22 711 April 25, 2022 Notice of Motion - Reporting of Affordable Housing - Pickering Housing Strategy & Action Plan 2021-2031 Recommendation: 1. That Report PLN 34-22 of the Director, City Development & CBO, providing a response to Council’s April 25, 2022 Notice of Motion – Reporting of Affordable Housing, be received for information; 2. That Council authorize staff to report to Council, annually, on the results of tracking affordable and rental housing within the City, including existing, approved, and/or pending private rental apartment buildings, through the annual Housing Monitoring Report, in accordance with Action Item 3.7 of the January 24, 2022 Council-approved Pickering Housing Strategy & Action Plan 2021- 2031; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 12. By-laws 12.1 By-law 7944/22 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. [Refer to Item 4.5 Report ENG 16-22 and page 136 of the Executive Committee Agenda] 12.2 By-law 7945/22 Being a By-law to adopt Amendment 45 to the Official Plan for the City of Pickering (OPA 20-003/P). [Refer to Item 5.2 Report PLN 30-22 and page 78 of the Planning & Development Committee Agenda] 12.3 By-law 7946/22 639 Council Meeting Agenda June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Being a By-law to Establish the 2022 Final Property Tax Due Date for the Commercial, Industrial, and Multi-Residential Realty Tax Classes. [Refer to Item 11.11 Report FIN 11-22] 12.4 By-law 7947/22 648 Being a by-law to repeal By-Law 7049/10, being a by-law to require the installation of carbon monoxide detectors in residential occupancies. [Refer to Item 11.12 Report FIR 02-22] 12.5 By-law 7948/22 716 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R- 27540, and Parts 2 and 3 40R-30718, in the City of Pickering (A 08/21 (R1)) (Tribute (Liverpool) Limited). [Refer to Item 5.1 Report PLN 29-22 of the Planning & Development Committee Agenda] 12.6 By-law 7949/22 722 Being a by-law to Establish the 2022-2026 Municipal Election Joint Compliance Audit Committee and appoint a roster of individuals to serve on the Committee. 12.7 By-law 7950/22 728 Being a by-law to establish Part Lot 24, Concession 5, being Part 1, Plan 40R-31225 and Part 1, Plan 40R-31203 as public highway (Kubota Drive). 13. Confidential Council – Public Report 14. Other Business 15. Confirmation By-law 16. Adjournment Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 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 P.Bigioni -Director, Corporate Services & City Solicitor S.Boyd -(Acting) Fire Chief S.Douglas-Murray -Director, Community Services B.Duffield -Director, Operations J.Eddy -Director, Human Resources R.Holborn -Director, Engineering Services F.Jadoon -Director, Economic Development & Strategic Projects S.Karwowski -Director, Finance & Treasurer S.Cassel -City Clerk C.Rose -Chief Planner A.Mostert -Manager, Landscape & Parks Development R.Perera -Deputy Clerk J.San Antonio -Senior Advisor, Diversity, Equity & Inclusion L.Arshad -Senior Economic Development Officer C.Hodge -Senior Coordinator, Development Liaison T.Higgins -Accessibility Coordinator T.Javed -Economic Development & Strategic Projects Associate 1.Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with the City’s Procedure By-law. 2.Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement - 1 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. 6. Presentations 5. Adoption of Minutes Resolution #896/22 Moved by Councillor Brenner Seconded by Councillor McLean 7. Delegations Council Minutes, April 25, 2022 Special Council Minutes, May 2, 2022 Executive Committee Minutes, May 2, 2022 Planning & Development Committee Minutes, May 2, 2022 Carried There were no presentations. 7.1 Anthony Lue, Member, Accessibility Advisory Committee John McLellan, Stakeholder Member, Accessibility Advisory Committee David Wysocki, Member, Accessibility Advisory Committee Re: Corr. 24-22 Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan Anthony Lue, John McLellan, David Wysocki, Members of the Accessibility Advisory Committee, joined the electronic meeting via audio connection to speak to the Accessibility Advisory Committee -2021 Year End Report and 2022 Proposed Work Plan. John McLellan spoke to the ongoing issue of a shortage of accessible and affordable housing, adding that there was a reoccurring reluctance by developers to incorporate accessible units, and the high cost of retrofitting accessible features into a home once it is already built. He suggested that the City change local zoning and minimum requirements to help increase the amount of accessible units. David Wysocki spoke to connected urban development for Pickering in relation to accessibility, sustainability, and inclusivity. He noted that the key elements for a connected urban development were affordable housing, accessible environments, and meeting the needs for both the aging and a range of disabilities. He spoke to Pickering having low scores in walkable, bikeable, and - 2 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm public transportation areas, noting that the City is left being a disconnected and car dependent city. He noted that the Accessibility Advisory Committee has begun using an active lens when gauging new development and shared the Committee’s perspective on three developments in Pickering being the Tribute Liverpool development, Universal City development, and the Pickering Football Club. Anthony Lue spoke to the importance of transportation adding that there were only three accessible taxis operating in Pickering. He further discussed the lack of sidewalks and transit drop off stations near the Pickering Football Club adding that this was a barrier for both visitors and employees. He concluded the delegation by encouraging the City to better support the navigation of individuals, to assist with where they are going, independently, safely, and confidently. A brief question and answer period ensued between Members of Council, staff, Mr. McLellan, Mr. Wysocki, and Mr. Lue regarding: •realistic and measurable milestones for addressing the needs for accessible and affordable housing, connectivity, and transportation; •whether the walkable, bikeable, and public transportation scores were specific to Pickering and a comparison of the scores between the Durham Region and the City; and, •the need for staff to provide consideration during the next budget cycle to identify specific budget items that may relate to the issues identified in the delegation. 7.2 Floyd Heath, Chair, Pickering Anti-Black Racism Taskforce Re: Corr. 25-22 Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan Floyd Heath, Chair, Pickering Anti-Black Racism Taskforce, joined the electronic meeting via audio connection to speak to the Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan. He discussed the events and the initiatives the Taskforce has participated in thus far and spoke to two initiatives planned for 2022, being the Powerfully Informed Initiative which aims to raise awareness, education, and engagement around the upcoming Municipal Election, and promote civic engagement among Black residents. Mr. Heath spoke to details of the various phases of the Initiative, noting that the Initiative was directly in line with the Taskforce’s Terms of Reference. He further outlined the Youth Academic Engagement Strategy, a plan to support Black youth in their pursuit of post-secondary education and provided details of its components. Mr. Heath concluded his delegation by thanking Council and staff for supporting the Taskforce. 7.3 Karen Sloan Re: Feasibility of a Green Roof By-law - 3 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Karen Sloan, Pickering Resident, joined the electronic meeting via audio connection in support of the Feasibility of a Green Roof By-law Motion. She spoke to the recent storm and the need for additional methods to reduce the impact to the climate and discussed the benefits of a green roof. Ms. Sloan referred to a Report to Council dated November 22, 2021, adding that the City was developing a new set of integrated sustainable design standards to evaluate development proposals. She further noted that with the City’s intensification plan, and the creation of more than 75 new buildings along the Kingston and Brock Road corridors, that she had only seen one application which included a green roof, rainwater collection, and support for electrical vehicles. She concluded her delegation by proposing an interim control freeze on new development applications until such time that new green standards could be implemented. 7.4 John Ferris Re: Feasibility of a Vibration Control By-law John Ferris, 1795 Storrington Street, joined the electronic meeting via audio connection to speak to Feasibility of a Vibration Control By-law Motion. Mr. Ferris posed a number of questions including the process for claiming damages due to vibrations, safeguards that would be put in place, whether the by-law would cover all existing development applications, whether the City would require each developer to provide a deposit to cover any vibration damages, whether the City would require nearby residents to take photos of both inside and outside of their homes prior to and during construction, and the possibility of damages to homes outside the 150 metre notice circulation radius. He requested that notifications go beyond the 150 metres and concluded his delegation by adding that the proposed green roof by-law was a good starting point for the City. 8. Correspondence 8.1 Corr. 20-22 Chris Harris, Town Clerk, Town of Whitby Re: Ontario Bill 109 – More Homes for Everyone Act, 2022 A question and answer period ensued between Members of Council and staff regarding: •Whitby’s concerns on the amendments and the impact of the legislative changes to the City; •the status of Bill 109 and whether there was still opportunity to comment; •providing Council with an update in September regarding the discussions with the development community and how that will affect the process; and, •whether comments had been provided to the Province prior to the passage of the Bill and the position of the Ontario Big City Mayors expressing similar concerns. - 4 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #897/22 Moved by Councillor McLean Seconded by Councillor Brenner 1.That Corr. 20-22, from Chris Harris, Town Clerk, Town of Whitby, dated April 26, 2022, regarding Ontario Bill 109 – More Homes for Everyone Act, 2022, be received and endorsed; and, 2.That a copy of this Resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, and the Member of Provincial Parliament, Pickering-Uxbridge. Carried 8.2 Corr. 21-22 Melissa Lawr, Deputy Clerk – Legislation, Town of Halton Hills Re: Build it Right the First Time Resolution #898/22 Moved by Councillor McLean Seconded by Councillor Brenner 1.That Corr. 21-22, from Melissa Lawr, Deputy Clerk – Legislation, Town of Halton Hills, dated April 20, 2022, regarding Build it Right the First Time, be received and endorsed; and, 2.That a copy of this Resolution be forwarded to the Minister of Municipal Affairs and Housing. Carried 8.3 Corr. 22-22 Alexander Harras, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham Re: Modified Vehicles in Durham Region Resolution #899/22 Moved by Councillor McLean Seconded by Councillor Brenner - 5 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 1.That Corr. 22-22, from Alexander Harras, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham, dated April 27, 2022, regarding Modified Vehicles in Durham Region, be received and endorsed; and, 2.That a copy of this Resolution be forwarded to the Minister of Transportation, All Durham MPP’s, the Durham Regional Police Service, the Ontario Provincial Police, and the Durham Region Roundtable on Climate Change. Carried 8.4 Corr. 23-22 Sarah Douglas-Murray, Director, Community Services, City of Pickering Re: Cultural Advisory Committee 2021 Report & 2022 Work Plan A question and answer period ensued between Members of Council and staff regarding whether comments from Elder Duke Redbird, who had conducted a session in March, were incorporated into the Work Plan. Jaclyn San Antonio, Senior Advisor, Diversity, Equity & Inclusion, advised that the City was continuing its work with support from the Indigenous Relationship Building Circle and that a number of initiatives were planned including the Indigenous relationship building action plan to ensure that the City was moving towards continuing to build meaningful relationships and reconciliation. Resolution #900/22 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 23-22, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, dated May 24, 2022, regarding the Cultural Advisory Committee 2021 Report & 2022 Work Plan, be received for information. Carried 8.5 Corr. 24-22 Timothy Higgins, Accessibility Coordinator, City of Pickering Re: Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan Resolution #901/22 Moved by Councillor McLean - 6 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Seconded by Councillor Brenner That Corr. 24-22, from Timothy Higgins, Accessibility Coordinator, City of Pickering, dated May 13, 2022, regarding the Accessibility Advisory Committee 2021 Year End Report and 2022 Proposed Work Plan be received for information. Carried 8.6 Corr. 25-22 Re: Pickering Anti-Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Resolution #902/22 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 25-22, from Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering, dated May 16, 2022, regarding the Pickering Anti- Black Racism Taskforce 2021-22 Year to Date Report and Proposed 2022 Work Plan be received for information. Carried 9. Report EC 05-22 of the Executive Committee held on May 2, 2022 9.1 Director, Corporate Services & City Solicitor, Report CLK 03-22 Restricted Acts after Nomination Day (Lame Duck Period) - Delegation of Authority under Section 275 of the Municipal Act Council Decision: 1.That Report CLK 03-22, regarding Restricted Acts after Nomination Day (Lame Duck Period), Delegation of Authority under Section 275 of the Municipal Act, be received; 2.That the draft By-law, included as Attachment #1 to Report CLK 03-22, be approved and brought forward for enactment at the May 24, 2022 Meeting of Council; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. - 7 - 9.3 Director, Engineering Services, Report ENG 13-22 Consulting and Professional Services for the Detailed Design for Maintenance and Retrofit of the Lisgoold Stormwater Management Pond Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 9.2 Director, Engineering Services, Report ENG 12-22 Pine Creek Erosion Assessment Municipal Class EA Study - Consulting and Professional Services Council Decision: 1.That Council approve the hiring of Aquafor Beech Ltd. for consulting and professional services for the preparation of the Pine Creek Erosion Assessment Municipal Class Environmental Assessment (EA) Study, in accordance with Purchasing Policy Item 10.03 (c), as the assignment is above $50,000.00; 2. That the fee proposal submitted by Aquafor Beech Ltd. for consulting and professional services for the preparation of the Pine Creek Erosion Assessment Municipal Class EA Study, in the amount of $84,976.00 (HST included) be accepted; 3.That the total gross project cost of $110,876.00 ( HST included), including he fee amount and other associated costs, and the total net project cost of 99,847.00 (net of HST rebate) be approved; t $ 4.That Council authorize the Director, Finance & Treasurer to finance the otal net project cost of $99,847.00 as follows: t a)the sum of $86,867.00 as approved in the 2022 Current Budget, to be funded from Property Taxes; b)the sum of $12,980.00 as approved in the 2022 Current Budget, to be funded by a transfer from the Development Charges Reserve Fund – Stormwater Management; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Decision: 1.That Council approve the hiring of TYLin International Canada Inc. for Consulting and Professional Services for the Detailed Design for the Maintenance and Retrofit of the Lisgoold Stormwater Management Pond in accordance with Purchasing Policy 10.03 (c), as the assignment is above $50,000.00; - 8 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 2.That the fee proposal submitted by TYLin International Canada Inc. for Consulting and Professional Services for the Detailed Design for the Maintenance and Retrofit of the Lisgoold Stormwater Management Pond in the amount of $181,359.35 (HST included) be accepted; 3.That the total gross project cost of $209,440.00 (HST included), including the fee amount and other associated costs, and the total net project cost of $188,607.00 (net of HST rebate) be approved; 4.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $188,607.00 from the Storm Water Management Reserve Fund; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.4 Director, Finance & Treasurer, Report FIN 08-22 2021 Year End Audit (Interim) Council Decision: It is recommended that the Audit Service Plan as submitted by Deloitte LLP, set out in Attachment 1 to this report, be received for information. 9.5 Fire Chief, Report FIR 01-22 Community Emergency Management Program (CEMP) and Community Emergency Management Plan - Proposed Housekeeping Amendments Council Decision: 1.That Report FIR 01-22 of the Fire Chief be received; 2.That the Mayor and Council hereby appoint Deputy Fire Chief Steve Boyd, Community Emergency Management Coordinator (CEMC) as Chair of the Community Emergency Management Program Committee; 3.That the Mayor and Council hereby adopt the changes reflected in the report below as amended in the attached By-law; 4.That Council approve the attached draft Community Emergency Management Plan that includes the changes above and other minor housekeeping amendments; and, - 9 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 5. That By-law 7620/18 and By-law 7746/20 be repealed in their entirety and that the at tached draft By-law be enacted. 9.6 Director, City Development & CBO, Report PLN 23-22 Tree Protection Project - Project Findings Council Decision: 1.That Report PLN 23-22 of the Director, City Development & CBO, on the results of staff’s investigation into the implementation of a by-law for the protection of trees, and which responds to Item 2(c) of Council Resolution #428/20, be received for information; and, 2.That Council authorize staff to undertake a process to amend the existing Tree Protection By-law 6108/03, as amended, to afford greater protection to more trees within the City of Pickering, and which will include a public engagement process, and report back to Council. Resolution #903/22 Moved by Councillor Ashe Seconded by Councillor Pickles That Report EC 05-22 of the Executive Committee Meeting held on May 2, 2022 be adopted. Carried 10. Report PD 05-22 of the Planning & Development Committee held on May 2, 2022 10.1 Director, City Development & CBO, Report PLN 24-22 Zoning By-law Amendment Application A 06/21 Unique AT Holding Corporation Part of Lot 21, Concession 1 Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180 Council Decision: 1. That Zoning By-law Amendment Application A 06/21, submitted by Unique AT Holding Corporation, to permit a high-density, mixed-use development consisting of 2 residential towers, having heights of 46 and 54 storeys, with a total of approximately 1,067 residential units, located on the north side of future Celebration Drive, be approved, and that the draft Zoning By-law - 10 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Amendment, as set out in Appendix I to Report PLN 24-22, be finalized and forwarded to Council for enactment; 2.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 Unique AT Holding Corporation, for the lands municipally known as Part of Lot 21, Concession 1, Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands; and, 3.That Council authorize the Director, Corporate Services & City Solicitor to update the executed Master Development Agreement between the City and the participating landowners (Unique AT Holding Corporation and Universal City One Developments Inc.) to remove the pedestrian walkway along the west lot line connecting from the future Celebration Drive to the Pickering GO Station to the north, and to enlarge the parkland dedication to also account for the parkland requirements imposed on Universal City Six Developments Inc. in respect of the lands at 1010 Sandy Beach Road. Resolution #904/22 Moved by Councillor Pickles Seconded by Councillor Ashe That Report PD 05-22 of the Planning & Development Committee Meeting held on May 2, 2022 be adopted. Carried 11. Reports – New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report CAO 04-22 Accommodation Needs Study Fiaz Jadoon, Director, Economic Development & Strategic Projects, advised that the City undertook a hotel feasibility study in 2017 with the City retaining CBRE in 2021 to undertake an Accommodation Needs Study. He added that both CBRE and staff took into consideration the deferral of the City Centre Project as part of the analysis. Nicole Nguyen, Director, CBRE Hotels, CBRE Limited, joined the electronic meeting via video connection to provide a presentation regarding the results of the - 11 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Pickering Accommodation Needs Study. Through the aid of a PDF presentation, Ms. Nguyen discussed the Study’s background and purpose, stakeholder consultation undertaken, consideration of the Pickering’s City Centre and the Innovation Corridor as the two potential hotel site options, specifications of the type of proposed hotel development for Pickering, and details regarding its projected performance. A question and answer period ensued between Members of Council, staff, and Ms. Nguyen regarding: • whether Whites Road was given consideration and the Study needing to broaden its consideration of the need for a hotel to the en tire city; • the importance of having access to public transit for hotel users; • the possibility and costs of incorporating underground parking; • whether the Durham Live hotel would be considered a competitor to the proposed hotel; • whether hotels typically require incentives and whether the Durham Live requested any incentives from Local or Provincial levels of government; • comparators in the acreage of the Ajax Hilton hotel and its parking spaces; • the economic impact of a proposed hotel in Pickering; and, •whether the Kingston Road corridor intensification was considered in the Study. Resolution #905/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1.That Report Number CAO 04-22, regarding the Accommodation Needs Study by CBRE Limited, be received; 2.That the Accommodation Needs Study, prepared by CBRE dated May 2021, be endorsed in principle; 3.That Council authorize staff to enhance investment attraction opportunities, related to the development of a hotel as part of the City’s investment attraction program; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated it this report. Carried 11.2 Director, Economic Development & Strategic Projects, Report CAO 07-22 Employment Land Strategy Review - 12 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Fiaz Jadoon, Director, Economic Development & Strategic Projects, advised that staff have been marketing the employment lands since 2017 with many proposals being presented which do not meet the current zoning requirements. He added that the purpose for the review was to consider other possible uses based on market driven activities and not to amend any existing zoning provisions. He added that the purpose of the delegation and report was for Council to ask questions and provide feedback with a recommendation report being presented to Council in June. Kelly Martel, Associate, Dillon Consulting Limited, and Antony Lorius, Principal, Lorius and Associates joined the electronic meeting via video connection to provide an update on the City of Pickering Employment Land Strategy Review. Through the aid of a PDF presentation, Ms. Martel and Mr. Lorius spoke to the purpose of the Project being to review employment land policies to ensure continued economic success and discussed the vision for the Seaton Employment Area, key economic and development trends, Regional Growth Management Strategy and Employment Lands Strategy, and challenges and opportunities. Ms. Martel further discussed three potential options including reviewing and updating the Central Pickering Development Plan (CPDP), requesting a Minister’s Zoning Order for the Seaton Employment Lands, and establishing a flexible target-based approach by amending the City’s Official Plan. She advised that the City undertake a hybrid approach of reviewing and updating the CPDP and amending the City’s Official Plan. She concluded her delegation by discussing next steps in the process. A question and answer period ensued between members of Council, staff, Ms. Martel, and Mr. Lorius regarding: •the Seaton lands being suitable for employment type activities as opposed to traditional office buildings; •the type of manufacturing businesses that would be attracted to the innovation corridor; •whether amendment to the CPDP would require collaboration from other levels of government and whether the timeframe to update the Plan was a lengthy process; •whether there was another municipality where a separate provincial plan was embedded into a regional growth management process; •whether the zoning in the innovation corridor was restrictive; and, •whether there were policies in place to attract and accommodate space for small businesses. Resolution #906/22 Moved by Councillor Ashe - 13 - 11.3 Chief Administrative Officer, Report CAO 08-22 Approval of Powerfully Informed initiative of the Pickering Anti-Black Racism Taskforce 11.4 Director, Community Services, Report CS 10-22 Movie in the Park - Request to permit Esplanade Park Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Seconded by Councillor Butt It is recommended that the Employment Land Strategy Slide Deck as submitted by Dillon Consulting Limited and Lorius and Associates, set out in Attachment 1 of this report, be received for information. Carried Resolution #907/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 1.That Council approve the Pickering Anti-Black Racism Taskforce (PABRT) led initiative, Powerfully Informed, per ADM 040 Boards and Advisory Committees of Council Policy; 2.That Council authorize staff to issue a park permit for the use of Esplanade Park by the PABRT, per CUL 070 Community Festivals and Events Policy, for Powerfully Informed events on June 16, 2022 and July 25, 2022 for the purpose of hosting information sessions, subject to terms and conditions satisfactory to the Division Head, Public Affairs & Corporate Communications and the Chief Administrative Officer; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Resolution #908/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Affiliation For Inspiring Youth Upliftment Enterprise (A.F.I.Y.U. Enterprise) on Friday, August 12, 2022 and the rain date of Saturday, - 14 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm August 13, 2022 for the purpose of hosting a free movie in the park to the general public, subject to terms and conditions satisfactory to the Director, Community Services and the Chief Administrative Officer; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Carried 11.5 Director, Engineering Services, Report ENG 09-22 Asphalt Resurfacing on Various City Streets - Tender No. T2022-4 Resolution #909/22 Moved by Councillor Pickles Seconded by Councillor Brenner 1.That Tender No. T2022-4 for Asphalt Resurfacing on Various City Streets as submitted by Viola Management Inc. in the total tendered amount of $2,877,081.14 (HST included) be accepted; 2. That Council authorize the consulting and professional services of Wood Environment & Infrastructure Solutions for materials testing services based on unit rates submitted at an estimated cost of $113,000.00 (HST included) in accordance with Purchasing Policy Item 10.03 (c); 3.That the total gross project cost of $3,390,871.00 (HST included), including the tendered amount, material testing, a contingency and other associated costs, and the total net project cost of $3,053,584.00 (net of HST rebate) be approved; 4.That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $3,053,584.00 as follows: a) the sum of $3,022,579.00 as approved in the 2022 Roads Capital Budgets to be funded by a transfer from the Federal Gas Tax Reserve Fund; b) the sum of $31,005.00 as approved in the 2022 Roads Capital Budget to be funded from a provincial grant; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried - 15 - 11.6 Director, Engineering Services, Report ENG 17-22 Beachfront Park - Master Plan – Detailed Design That the total gross project cost of $549,587.00 (HST included), including the fee amount and other associated costs, and t he total net project cost of $494,920.00 (net of HST rebate) be approved; 11.7 Director, Corporate Services & City Solicitor, Report LEG 11-22 City of Pickering Sale to SBB Industrial (Seaton) Limited Partnership - Part of PINs 26402-0167(LT), 26402-0096(LT) and 26386-0180(LT) Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #910/22 Moved by Councillor McLean Seconded by Councillor Brenner 1.That Council approve the hiring of The MBTW Group for Consulting and Professional Services for the preparation of detailed design drawings and tender specifications for the implementation of the Beachfront Park Master Plan, in accordance with Purchasing Policy Item 10.03 (c), as the assignment is above $50,000.00; 2.That the fee proposal submitted by The MBTW Group for Consulting and Professional Services for the preparation of detailed design drawings and tender specifications for the implementation of the Beachfront Park Master Plan in the amount of $432,349.30 (HST included) be accepted; 3. 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $494,920.00 as approved in the 2022 Capital Budget to be funded by a transfer from the Parkland Reserve Fund; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried Resolution #911/22 Moved by Councillor Pickles Seconded by Councillor Butt - 16 - 1. That Council approve the following Agreements, subject to minor revisions as may be acceptable to the Director, Corporate Services & City Solicitor and the C hief Administrative Officer: 11.8 Director, Corporate Services & City Solicitor, Report LEG 12-22 City of Pickering Sale to Caplink Acquisitions Limited - Seaton Employment Lands, 149.9 acres comprising Provincial Bundle 8, Parcels 1 and 2 Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm (a)Agreement of Purchase and Sale dated March 22, 2022, whereby the City has agreed to purchase approximately 38.44 acres of Seaton employment lands from Her Majesty the Queen in Right of Ontario as represented by the Minister of Government and Consumer Services; and, (b)Agreement of Purchase and Sale whereby the City has agreed to sell the same parcel of Seaton employment lands to SBB Industrial (Seaton) Limited Partnership. 2.That Council authorize the Chief Administrative Officer to waive the conditions in section 6.04 of the Agreement referred to in 1(a) above if and when SBB Industrial (Seaton) Limited Partnership waives its conditions in the Agreement referred to in 1(b) above; 3.That upon the waiver of the above conditions, City staff be directed to proceed with completion of both of the above Agreements; and, 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Resolution #912/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council approve the following Agreements, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor and the Chief Administrative Officer: (a) Agreement of Purchase and Sale dated May 3, 2022, whereby the City has agreed to purchase approximately 149.9 acres of Seaton employment lands from Her Majesty the Queen in Right of Ontario as - 17 - 11.9 Director, City Development & CBO, Report PLN 25-22 Lease Agreement – Open Studio Art Café - Temporary Patio Program – use of City owned lands Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm represented by the Minister of Government and Consumer Services; and, (b) Agreement of Purchase and Sale whereby the City has agreed to sell the same parcel of Seaton employment lands to Caplink Acquisitions Limited; 2.That Council authorize the Chief Administrative Officer to waive the conditions in section 6.04 of the Agreement referred to in 1(a) above if and when Caplink Acquisitions Limited waives its conditions in the Agreement referred to in 1(b) above; 3.That upon the waiver of the above conditions, City staff be directed to proceed with completion of both of the above Agreements; and, 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried Resolution #913/22 Moved by Councillor Brenner Seconded by Councillor Butt 1.That Council approve the Draft Lease Agreement for the Temporary Use of City Property adjacent to 617 Liverpool Road, between the City of Pickering and Open Studio Art Café for the period May 28, 2022 to November 30, 2022, as set out in Appendix I to Report PLN 25-22; 2.That the Mayor and City Clerk be authorized to execute the Lease Agreement between the City of Pickering and Open Studio Art Café in the form as appended to this report subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor and the Director, City Development & CBO; and, 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried - 18 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm 12.Motions and Notice of Motions 12.1 Feasibility of a Green Roof By-law A brief discussion ensued between Members of Council regarding green roofs having measurable environmental and economic benefits, City of Toronto having a green roof by-law for 12 years, and the proposed by-law being compatible and consistent with the integrated sustainable standards currently being developed by staff. Resolution #914/22 Moved by Councillor Doody-Hamilton Seconded by Councillor McLean WHEREAS in recognition of the growing impacts of climate change, the City of Pickering declared a climate emergency on December 16, 2019; And Whereas, climate change impacts occur in both the natural environment and the built environment; And Whereas, climate change impacts can adversely affect the resilience of municipal infrastructure such as roads, sewers and watermains, leading to higher maintenance and/or replacement costs which must be borne by taxpayers; And Whereas, the challenges posed by climate change on municipal infrastructure requires alternative methods to try and minimize impacts; And Whereas, green roof technology is a proven, well-established technology that has been implemented by many municipalities as part of a climate change strategy; And Whereas, green roof technology provides environmental benefits such as reduced flood flows, improved water quality, creation of habitat and reduced ‘heat island effect’, among others; And Whereas, green roof technology provides economic benefits such as reduced energy consumption and energy costs for heating and cooling; And Whereas, the green roof industry is firmly established in the Greater Toronto Area, with readily accessible materials and expertise; And Whereas, a Green Roof By-law has been successfully implemented by the City of Toronto since 2009, and this By-law has been accepted and adopted by the development industry; - 19 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: That staff are to investigate the feasibility of establishing a by-law requiring the construction of green roofs, or of alternative roof surfaces that achieve similar levels of performance to green roofs, within the City of Pickering, and report back to Council no later than September 6, 2022. Carried Unanimously on a Recorded Vote 12.2 Feasibility of a Vibration Control By-law Discussion and a question and answer period ensued between Members of Council and staff regarding: •the proposed by-law being a good tool for infill development; •details regarding how the by-law would be formed and enforced; •the need for a cohesive approach by City Development and Corporate Services departments on the initiative; and, •the update in September being to speak to the feasibility of a by-law with the by-law being considered in the next Term of Council. Resolution #915/22 Moved by Councillor Doody-Hamilton Seconded by Councillor Pickles WHEREAS intensification to support new growth is expected to continue in the City of Pickering, particularly in the City Centre neighbourhood and along the Kingston Road Corridor; And Whereas, with intensification comes the erection of more high-rise developments, and the higher the tower, the greater the compaction required for foundation work; And Whereas, it is understood that construction activities such as soil compacting, excavations, and the use of heavy machinery can cause ground-borne vibrations; and further, where these activities are undertaken near existing residential neighbourhoods, they can physically be felt by people, and if these vibrations reach a significant level, may adversely impact neighbouring buildings; And Whereas, the City of Toronto has successfully implemented a vibration control by-law since May 27, 2008 to protect residents from the adverse impacts of construction vibration; - 20 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: That staff are to investigate the feasibility of establishing a vibration control by-law within the City of Pickering and report back to Council no later than the September 19, 2022 Meeting of Council. Carried Unanimously on a Recorded Vote 13.By-laws 13.1 By-law 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election. 13.2 By-law 7935/22 Being a by-law to adopt a Community Emergency Management Program (CEMP) and Community Emergency Management Plan and to meet additional Requirements under the Emergency Management and Civil Protection Act, and protect the health, safety, and welfare of the residents of the City of Pickering. 13.3 By-law 7936/22 Being a by-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Parts 5, 10, 13, 19, 24, 27 to 30, 38, 41, 43 40R-31180, in the City of Pickering (A 06/21). 13.4 By-law 7937/22 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, in Lot 5, Plan 316, in the City of Pickering. (A 04/19) (1964 Royal Road). 13.5 By-law 7938/22 Being a by-law to appoint a Deputy Fire Chief of The Corporation of the City of Pickering. 13.6 By-law 7939/22 Being a by-law to name Block 3, Plan 40M-2692 (Finch Avenue). - 21 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Resolution #916/22 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Numbers 7934/22 through 7939/22 be approved. Carried 14.Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera Session was held at 6:00 p.m. in accordance with the provisions of the Municipal Act, and Procedure By-law 7926/22, to consider a confidential memo relating to the divestiture of the City’s Elexicon investment and to provide direction to staff. 3.1 Confidential Memorandum from the Director, Finance & Treasurer Carried Re: Elexicon Divestiture – Detailed Valuation & Project Timeline Resolution #917/22 Moved by Councillor McLean Seconded by Councillor Butt That Council directs staff to pause Phase Three works (transaction phase) as described in the presentation of the Director, Finance & Treasurer until after the election of the new Council in 2022 and to return to Council a new project timeline for Phase Three works in Q1 of 2023 for approval and implementation. Carried Unanimously on a Recorded Vote 15.Other Business 15.1 Councillor Ashe commended staff for their efforts and work during the extreme weather event that occurred over the May long weekend and spoke to the need to advocate for better communication channels between the City and Elexicon. Mayor Ryan spoke to the complexities related to repairs of electricity systems and noted that he and Marisa Carpino, Chief Administrative Officer, would hold discussions regarding the communication issues with Elexicon. 15.2 Councillor Doody-Hamilton spoke to concerns from residents regarding short term rentals being used for Airbnbs and the tools available to address the - 22 - 15.5 Councillor Brenner asked whether staff would be assisting in the clearing of tree branches on boulevards and reusing the chips in an environmentally friendly manner with Brian Duffield, Director, Operations, advising that staff would be conducting a chipping recovery in the nex t 24 hours and recycling the wood chips. Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm concerns with Marisa Carpino advising that staff would provide a memorandum to Council to discuss next steps. 15.3 Councillor McLean spoke to a previous direction provided to staff to investigate a tool to help regulate Airbnbs and requested that staff follow up on its status. 15.4 Councillor Mclean spoke to correspondence from the President of Elexicon regarding the electrical grid issues in Bay Ridges adding that he had asked the President to comment on the report previously done on the issues. 16. Confirmation By-law By-law Number 7940/22 Councillor McLean, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of May 24, 2022. Carried 17. Adjournment Moved by Councillor Ashe Seconded by Councillor Doody-Hamilton That the meeting be adjourned. Carried The meeting adjourned at 9:53 p.m. Dated this 24th of May, 2022. David Ryan, Mayor - 23 - Council Meeting Minutes May 24, 2022 Electronic Meeting 7:00 pm Susan Cassel, City Clerk - 24 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 1 Present: Mayor David Ryan Councillors: D. Pickles M. Brenner S. Butt C. Doody-Hamilton B. McLean Absent K. Ashe Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief S.Douglas-Murray - Director, Community Services B. Duffield -Director, Operations R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk J. Halsall -Division Head, Finance C. Rose -Chief Planner S. Booker -Manager, Capital Projects & Infrastructure D. Jacobs -Manager, Policy & Geomatics N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk J. McMullen -Supervisor, Geomatics I.Marouchko -Senior Water Resources Engineer E.Martelluzzi -Senior Planner, Development Review & Heritage 1.Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor Ashe, and that Mayor Ryan was participating electronically in accordance with the City’s Procedure By-law. - 25 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 2 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Mary Evans Brigitte Sopher Sally Campbell Re: Whitevale Road and North Road Improvements -Whitevale Master Drainage Plan Implementation Project Mary Evans, 350 Whitevale Road, appeared before the Committee to speak to the Whitevale Master Drainage Plan Implementation Project and noted that Brigitte Sopher and Sally Campbell were also available for questions. She noted that there were concerns from the Whitevale community and added that their objective was to raise awareness of the critical issues pertaining to the Whitevale Road and North Road Improvements and Whitevale Master Drainage Plan Implementation Project and to ensure that the important cultural and heritage attributes were protected and enhanced. Ms. Evans added that their goal was to seek Council’s commitment to public consultation, meeting the City’s heritage guidelines, and maintaining the intent of the Municipal Class Environmental Assessment (MCEA) and discussed the lack of meaningful collaboration with the residents of Whitevale. Through the aid of a PDF presentation, Ms. Evans advised that the Drainage Plan was inconsistent with the MCEA as it emphasizes the drainage solution to protect and enhance the natural environment and social and cultural features. She further spoke to the impact to sidewalks, street trees, and advised that the Plan does not meet the City’s Heritage District Guidelines. She concluded her delegation by asking the City to adjust the Plan to meet recommendations of the MCEA, better align the plan with the Heritage Conservation District Guidelines, address concerns regarding the impact to private property, consult with the City’s independent heritage consultant, and provide meanin gful public consultation. In closing, she added that she was made aware of a future public open house on the matter and expressed her appreciation for the intent to hold public consultation. A question and answer period ensued between Members of the Committee, staff, and Ms. Evans, regarding: commitment from staff to review comments and concerns of the Whitevale community and details of the proposed open house in July; whether the Pickering Heritage Advisory Committee was consulted regarding the Project and the comments provided by the Committee; - 26 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 3 facilitating discussions between the City Development Department, Engineering Services Department, and the Pickering Heritage Advisory Committee; whether the streetscape in Whitevale was affected by the recent extreme whether event; whether the delegates were involved in the Community Character Study and whether such a study was conducted for Whitevale; whether the community had input into the Central Pickering Plan; and, whether concerns from the past were similar to the concerns expressed today. 4.Matters for Consideration 4.1 Director, Community Services, Report CS 08-22 Pickering Sports Medicine & Wellness Centre -Lease Agreement Recommendation: Moved by Councillor McLean Seconded by Councillor Brenner 1.That the Mayor and City Clerk be authorized to execute the Lease Agreement with Pickering Sports Medicine & Wellness Centre set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.2 Director, Community Services, Report CS 11-22 Amberlea Tennis Club Court Expansion -Shadybrook Park A question and answer period ensued between Members of the Committee and staff regarding: the high costs of the expansion and details of the costs; - 27 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 4 the expansion being an opportunity for a partnership between the Amberlea Tennis Club and the Pickleball groups; the number of Amberlea Tennis Club memberships and whether all members were residents of Pickering; whether Amberlea Tennis Club had a youth membership rate; whether the Club had onsite parking; whether the proposed design altered the existing fencing; and, whether the Pickleball membership would be different from a Tennis Club membership. Recommendation: Moved by Councillor Brenner Seconded by Councillor McLean 1.That Report CS 11-22, regarding Amberlea Tennis Club Court Expansion at Shadybrook Park, be received; 2.That Council endorse, in principle, the proposed plan to design and construct a third court at Shadybrook Park for Tennis and Pickleball; 3.That funding for design and construction of the third court at Shadybrook Park for Tennis and Pickleball be considered in the preparation of the 2023 Parks Capital Budget; 4.That subject to approval of the design and construction of the third court at Shadybrook Park for Tennis and Pickleball, staff be directed to update the lease agreement with Amberlea Tennis Club and return it for Council’s approval; and, 5.That the appropriate officials of the City of Pickering be authorized to take the necessary actions indicated in this report. Carried Unanimously on a Recorded Vote 4.3 Director, Engineering Services, Report ENG 11-22 Toronto and Region Conservation Authority -Non-mandated Programs and Services A question and answer period ensued between Members of the Committee and staff regarding: - 28 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 5 a summary of the impact to the City in relation to providing protection beyond the TRCA mandate; and, the TRCA remaining as a commenting agency and examples of non- mandated programs that would not be part of the commenting process. Recommendation: Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton 1.That Report ENG 11-22, regarding Toronto and Region Conservation Authority (TRCA) Non-mandated Programs and Services, be received for information; 2.That City staff be authorized to continue discussions with TRCA on the development of a Memorandum of Understanding (MOU) for municipally requested non-mandatory programs and services; 3.That staff report back to the Executive Committee on progress of developing a MOU no later than June, 2023; and, 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 4.4 Director, Engineering Services, Report ENG 14-22 Claremont Drainage Plan -Municipal Class Environmental Assessment A question and answer period ensued between Members of the Committee and staff regarding: the purpose of the Study being to review a number of drainage and flooding issues in Claremont to provide an impact comparison; whether there were any City initiated projects which could be undertaken this year without a detrimental impact to the others; whether the Region was consulted on budgeting and forecasting for this project; the City being able to move forward with the Joseph Street project; the severity of the flooding in Claremont and whether this was a long standing issue; - 29 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 6 whether the need to replace the sewers was due to improper installation or an effect of climate change; the need to consult with the Region’s Works Committee; and, the timelines for the Project to move forward and whether this could be expedited. Recommendation: Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton 1.That Report ENG 14-22 of the Director, Engineering Services regarding the Claremont Drainage Plan Municipal Class Environmental Assessment be received; 2.That the Claremont Drainage Plan completed by Wood Environment & Infrastructure Solutions dated May 10, 2022 be endorsed in principle by Council and submitted to the Ministry of the Environment, Conservation and Parks; 3.That staff be authorized to issue a Notice of Study Completion in accordance with the Municipal Class Environmental Assessment process; and, 4.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations of this report. Carried 4.5 Director, Engineering Services, Report ENG 16-22 Proposed All-way Stop -Spruce Hill Road and Shadybrook Drive A brief question and answer period ensued between Members of the Committee and staff regarding whether residents were notified of the proposed stop sign, with Richard Holborn, Director, Engineering Services, advising that notification had been provided. Recommendation: Moved by Councillor Brenner Seconded by Councillor Pickles - 30 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 7 1.That the attached draft by-law be enacted to amend Schedule "7" to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to address the proposed installation of an all-way stop control at the intersection of Spruce Hill Road and Shadybrook Drive; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.6 Director, Operations, Report OPS 03-22 Beverley Morgan Community Park -Licence Renewal Agreement A brief question and answer period ensued between Members of the Committee and Richard Holborn, Director, Engineering Services, regarding; whether the agreement included the soccer field; and, the timelines for installing security cameras and whether any security issues had been reported recently. Recommendation: Moved by Councillor McLean Seconded by Councillor Pickles 1.That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure - Hydro One Networks Inc. for a further ten year term, commencing August 1, 2022 and ending on July 31, 2032, that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Carried 4.7 Director, City Development & CBO, Report PLN 26-22 Geographic Information System Corporate Strategic Plan -Preliminary Assessment and Evaluation, and GIS Vision - 31 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 8 David Holdstock, CEO, and Sharon Stevenson, GIS Strategic Planner, Geographic Technologies Group, connected to the meeting via electronic connection to present on the Pickering GIS Corporate Strategy. Through the aid of a PowerPoint presentation, Mr. Holdstock provided an overview of the components of the GIS strategy, the ten stages of the Project and the six pillars of GIS sustainability. He further provided a summary of the preliminary recommendations pertaining to GIS governance, GIS data and databases, GIS procedures, workflows, and integration, GIS software, IT infrastructure, GIS training, education, and knowledge transfer. Mr. Holdstock concluded his delegation by speaking to the vision and goals of the GIS Strategic Plan. A question and answer period ensued between Members of the Committee , staff, and Mr. Holdstock, regarding: the importance of data security and the security features that would be explored; whether features to allow for open data would be built into the Plan; whether a review of the GIS system was conducted previously and the timelines for implementing the Strategy; ensuring that the necessary resources were in place to implement the recommendations; and, whether the Geographic Technologies Group would connect to the City’s IT systems and concerns with the City providing access to its IT systems. Recommendation: Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton That Report PLN 26-22 regarding the Geographic Information System Corporate Strategic Plan, and the Executive Summary of the Preliminary Assessment and Evaluation Report, dated April 29, 2022, prepared by Geographic Technologies Group and contained in Appendix I, be received for information. Carried 4.8 Director, City Development & CBO, Report PLN 27-22 Proposed Amendment to the City’s Street Naming Policy A question and answer period ensued between Members of the Committee and staff regarding: - 32 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 9 timelines for processing the names of veterans and assigning the names to new streets; whether new streets in Seaton, and North Pickering would be eligible for this initiative; and, how builders would be encouraged to give priority to naming streets after veterans. Recommendation: Moved by Councillor Pickles Seconded by Councillor Brenner 1.That the draft Street Naming Policy ADM 220, as amended in relation to War Veterans and the War Dead, contained in Appendix I to Report PLN 27-22, be approved; and, 2.That a copy of Council’s resolution and the revised Street Naming Policy ADM 220 be forwarded to the Royal Canadian Legion, Branches 606 and 483, the Regional Municipality of Durham, and the Durham Regional Police Services. Carried Unanimously on a Recorded Vote 4.9 Director, City Development & CBO, Report PLN 28-22 Heritage Permit HP 01-22 -Demolition of former Whitevale Blacksmith Shop 405 Whitevale Road A brief question and answer period ensued between Members of the Committee and Kyle Bentley, Director, City Development & CBO, regarding whether there were any heritage components which could be salvaged, with Mr. Bentley confirming that the heritage components would be salvaged as appropriate. Recommendation: Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton 1.That the Heritage Permit Application HP 01/22, to demolish the former Whitevale Blacksmith Shop, be approved, subject the following conditions: - 33 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 10 a)that a demolition plan is submitted to the satisfaction of the Director, City Development & CBO, including notes for salvage and storage of a selection of metal tiles, nails, ring fasteners (metals) and available wood materials; and, b)that an appropriate location for storage of materials is provided to the satisfaction of the Director, City Development & CBO; 2.That staff take necessary steps to salvage wood, metal, or other materials to be preserved at the Pickering Village Museum, as part of a collection, or in Whitevale as display, or plaque; and, 3.That the appropriate City officials and staff be authorized to take the necessary actions to implement Council’s decision. Carried 5.Other Business 5.1 Councillor Pickles requested clarification on whether staff were still clearing the debris from the recent extreme weather event, that cleaning of the debris was not connected to the yard waste program, and communicating this message to the community. Marisa Carpino, Chief Administrative Officer, advised that Operations staff were currently collecting debris and encouraged residents to leave the debris at the individual’s property line for pick up, and stated that this messaging was being conveyed through the City’s communication channels. 5.2 Councillor McLean spoke to the recent issue surrounding the Region’s yard waste program and stated that there was an employee shortage for Miller Waste Systems and noted that many other municipalities were experiencing the same issues. 5.3 Councillor McLean inquired whether there were plans to upgrade the playground apparatus at Bonita Park, with Richard Holborn, Director, Engineering Services, advising that staff would review the capital forecast and advise whether it was included. Councillor McLean gave notice of a motion regarding Bonita Park upgrades and noted that he may withdraw his Notice of Motion depending on staff’s findings. 5.4 Councillor McLean expressed concerns regarding election signage and enquired whether enforcement was conducted to remove election signs on City property - 34 - Executive Committee Meeting Minutes June 6, 2022 ybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt H 11 from the June 2nd Provincial Election, whether enforcement of election signage would be conducted during the upcoming 2022 Municipal Election, and whether enforcement would be done on a complaint basis. Paul Bigioni, Director, Corporate Services & City Solicitor, advised that the City’s Election Signs by-law oversees municipal election signs, enforcement was typically based on complaints, and that an update would be provided to Council prior to the next meeting regarding the enforcement of election signs. Councillor McLean further asked whether the City could require a deposit from candidates to ensure the collection of their election signs. Mr. Bigioni advised that he would review the City’s Election Sign By-law and include this information on his update regarding election signs. 5.5 Councillor McLean enquired about residents looking to launch their canoes into Krosno Creek from the parkette located behind Parkham Crescent and Sandy Beach Road, with Richard Holborn, Director, Engineering Services, advising that the lands were owned by OPG and that the individuals would require OPG’s permission. 5.6 Councillor McLean requested an update on Sandy Beach Road with, Richard Holborn, Director, Engineering Services, advising that the Project was on track and a Report regarding the project would be presented at the June 27th Council Meeting, and added that staff were working on the land acquisitions. 5.7 Councillor Brenner spoke to a recent incident where the belongings of a homeless individual were taken away and enquired about the steps the City could take to assist the individual. Marisa Carpino, Chief Administrative Officer, advised that the City would be working in collaboration with DARS and the Region to provide assistance to the individual. 5.8 Councillor Butt spoke to concerns from residents regarding advertisement signs and asked that enforcement staff investigate advertisement signage placed near traffic intersections in the City. 6.Adjournment Moved by Councillor McLean Seconded by Councillor Brenner That the meeting be adjourned. - 35 - Executive Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 2:00 pm Council Chambers Chair: Councillor Butt 12 Carried The meeting adjourned at 3:58 pm. - 36 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting Present: Mayor David Ryan Councillors: D. Pickles M. Brenner S. Butt C. Doody-Hamilton B. McLean Absent: K. Ashe Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor J. Eddy -Director, Human Resources R. Holborn -Director, Engineering Services S. Cassel -City Clerk J. Halsall -Division Head, Finance C. Rose -Chief Planner N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk C. Morrison -Principal Planner, Development Review Q. Annibale -Loopstra Nixon LLP Due to the Executive Committee Meeting held at 2:00 p.m., the Special Council Meeting was called to order at 4:10 p.m. 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor Ashe, and that Mayor Ryan was participating electronically in accordance with the City’s Procedure By-law. 2.Disclosure of Interest - 37 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 2.1 Councillor Brenner declared a conflict of interest under the Municipal Conflict of Interest Act with respect to Item 3.3, Canadian Union of Public Employees, Local 129 Collective Bargaining Ratification, as he has a family member who is a member of CUPE Local 129. Councillor Brenner left the meeting room during the in-camera portion of the Meeting that dealt with this matter and did not take part in the discussion or vote on this item in the open session. Resolution #918/22 Moved by Councillor Butt Seconded by Councillor Pickles That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and the Procedure By-law, in that the matters to be discussed relate to: c)a proposed or pending acquisition or disposition of land by the municipality or local board; d)labour relations or employee negotiations; e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and, f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3.In Camera Matters 3.1 Director, City Development & CBO, Confidential Report PLN 31-22 Re: Ontario Land Tribunal Appeal Case No: OLT-22-002250 (formerly PL171210) Draft Plan of Subdivision 18T-90016(R) Zoning By-law Amendment Applications A 09/90(R) and A 17/90(R) Claremont Development Corporation (Geranium Homes) Part of Lots 17 and 18, Concession 9, Part of Lot 31, Lots 32, 47 and 48, - 38 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting Plan 12, Part of Part 1, Plan 40R-14340 (5113 Old Brock Road) This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.2 Director, Corporate Services & City Solicitor, Confidential Report LEG 13-22 Re: City of Pickering sale to Sphere Developments (Kingston) GP Inc., in trust for Sphere Developments (Kingston) LP. -875 Kingston Road, Pickering, PIN 26317-0183 (LT), being the unopened, untraveled portion of Fairport Road lying between Highways 2 and 401 This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] 3.3 Confidential Memorandum from the Director, Human Resources Re: Canadian Union of Public Employees, Local 129 Collective Bargaining Ratification This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #919/22 Moved by Councillor Pickles Seconded by Councillor McLean That Council rise to the open session of the Special Meeting of Council. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council considered matters pertaining to litigation or potential litigation, a proposed disposition of land, labour relations and employee negotiations, received advice subject to solicitor-client privilege, and provided direction to staff and that the following motions were now before Council in open session: - 39 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 3.1 Director, City Development & CBO, Confidential Report PLN 31-22 Re: Ontario Land Tribunal Appeal Case No: OLT-22-002250 (formerly PL171210) Draft Plan of Subdivision 18T-90016(R) Zoning By-law Amendment Applications A 09/90(R) and A 17/90(R) Claremont Development Corporation (Geranium Homes) Part of Lots 17 and 18, Concession 9, Part of Lot 31, Lots 32, 47 and 48, Plan 12, Part of Part 1, Plan 40R-14340 (5113 Old Brock Road) Resolution #920/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton That the direction contained in Confidential Report PLN 31-22 be approved. Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor Pickles Mayor Ryan No Councillor McLean 3.2 Director, Corporate Services & City Solicitor, Confidential Report LEG 13-22 Re: City of Pickering sale to Sphere Developments (Kingston) GP Inc., in trust for Sphere Developments (Kingston) LP. -875 Kingston Road, Pickering, PIN 26317-0183 (LT), being the unopened, untraveled portion of Fairport Road lying between Highways 2 and 401 Resolution #921/22 Moved by Councillor McLean Seconded by Councillor Brenner 1.That Council approve the sale to Sphere Developments (Kingston) GP Inc., in trust for Sphere Developments (Kingston) LP (the “Purchaser”) of the lands municipally known as 875 Kingston Road, comprising PIN 26317- - 40 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting 0183 (LT), being West Shore Boulevard (aka Fairport Road) between Kings Hwy No. 2 & Kings Hwy No. 401 being, Road Allowance between Lots 26 & 27 Range 3 Con Broken Front, (as Stopped up and Closed by By-law 6928/09 Registered as DR788237), except Part 10 40R25703 (MTO Plan P-2310-0324) subject to an easement in gross over Part 3 40R-25703 as in DR78823, DR788449 & DR798010 (“the Property”); 2.That the By-law included as Attachment No. 4 be enacted to declare the Property surplus to the needs of the Corporation for the purposes of sale by the Corporation; 3.That the Chief Administrative Officer be authorized to execute the Agreement of Purchase and Sale between The Corporation of the City of Pickering, as vendor, and the Purchaser, as set out in Attachment No. 1, subject to such minor revisions as are satisfactory to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 4.That the Director, Corporate Services & City Solicitor be authorized to waive any conditions contained within the said Agreement of Purchase and Sale, and to execute on the City’s behalf any documents, instruments, transfers and agreements as may be necessary to complete the transaction; and, 5.That appropriate City of Pickering officials be authorized to take the actions necessary to give effect to this report. Carried Having previously declared a conflict of interest, Councillor Brenner did not vote on the following Item. 3.3 Confidential Memorandum from the Director, Human Resources Re: Canadian Union of Public Employees, Local 129 Collective Bargaining Ratification Resolution #922/22 Moved by Councillor Pickles Seconded by Councillor McLean That the Memorandum of Settlement, May 30, 2022, between The Corporation of the City of Pickering and the Canadian Union of Public Employees, Local 129 be - 41 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the xecutive Committee Meeting E ratified, and the Director, Human Resources be authorized to take the necessary actions. Carried 4.By-laws 4.1 By-law 7941/22 Being a by-law to declare certain municipal lands being West Shore Blvd (aka Fairport Rd) between Kings Hwy No. 2 & Kings Hwy No. 401 being, Road Allowance between Lots 26 & 27 Range 3 Con Broken Front, (as Stopped up and Closed by By-law 6928/09 Registered as DR788237), except Part 10 40R25703 (MTO Plan P-2310-0324) subject to an easement in gross over Part 3 40R-25703 as in DR78823, DR788449 & DR798010. PIN: 26317-0183 surplus to the needs of the City of Pickering and to authorize their sale to Sphere Developments (Kingston) GP Inc., in trust for Sphere Developments (Kingston) LP. Resolution #923/22 Moved by Councillor Pickles Seconded by Councillor McLean That By-law Number 7941/22 be approved. Carried 5.Confirmation By-law By-law 7942/22 Councillor Butt, seconded by Councillor Brenner moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of June 6, 2022. Carried 6.Adjournment Moved by Councillor Butt Seconded by Councillor Doody-Hamilton - 42 - Special Council Meeting Minutes June 6, 2022 Hybrid Electronic Meeting Main Committee Room Immediately Following the Executive Committee Meeting That the meeting be adjourned. Carried The meeting adjourned at 5:08 pm Dated this 6th of June, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 43 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 1 Present: Mayor David Ryan Councillors: D. Pickles Absent: K. Ashe Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk C. Rose -Chief Planner N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk C. Celebre -Principal Planner, Strategic Initiatives C. Morrison -Principal Planner, Development Review F. Chau -Planner II M. Brenner S. Butt C. Doody-Hamilton B. McLean 1.Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except for Councillor Ashe. 2.Disclosure of Interest No disclosures of interest were noted. 3.Statutory Public Meetings Councillor Doody-Hamilton, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. She outlined the notification process procedures - 44 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 2 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. 09-22 Draft Plan of Subdivision Application SP-2022-01 Zoning By-law Amendment Application A 03/22 Highglen Homes Limited Northeast corner of Finch Avenue and Nature Haven Crescent A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Felix Chau, Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 03/22. Through the aid of a PowerPoint presentation, Mr. Chau outlined the subject lands, noting that the purpose of the amendment was to facilitate a residential development. He further spoke to the planning policy framework, planning and design comments, and the next steps in the application process. Steven Qi, Design Plan Services Inc, joined the electronic meeting via audio connection and noted that he was available for questions. Michelle Mendonca, 189 Nature Haven Crescent, appeared before the Committee to express concerns regarding the proposed application. Ms. Mendonca referred to an Arborist Report regarding Tree #177 noting that the tree was in good condition and asked whether the removal of this tree was in line with the sustainability objectives. She further expressed concern regarding dewatering as included in the Hydrogeological Assessment Report and advised of damages to her home from soil settling and past complaints to the City on the matter. Ms. Mendonca also spoke to noise concerns associated with dewatering. She concluded her delegation by asking that the City and the builders ensuring that no damages would be done to her home. - 45 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 3 Steven Qi, Design Plan Services Inc., advised that the applicant would work with the City on a tree compensation proposal and the dewatering program to ensure that there would not be damage to properties. A question and answer period ensued between Members of the Committee, staff, and Mr. Qi, regarding: •whether there was an automatic inspection pre and post construction to ensure damages were not done and whether the applicant was willing to undertake such a process; •whether there were any planned walkways or trails for the development; and, •the age of the tree which was proposed to be removed. 4.Delegations 4.1 George Turner Re: Report PLN 29-22 Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road George Turner, 1780 Listowell Crescent, appeared before the Committee to speak to Zoning By-law Amendment Application A 08/21. He spoke to the speed in which the recommendation report was brought back to the Planning & Development Committee and enquired whether there were any underlying factors which caused this. He spoke to the height of the proposed development, shadowing impacts, and whether the unit allocation to Habitat for Humanity was guaranteed to be included in the development. Mr. Turner discussed the internal costs associated with park dedication and inquired whether the Fire department had the resources to support the new developments. He further spoke to the vacant lands on the subject property and asked about the plans for these lands. Mr. Turner questioned the safeguards that would be in place to ensure that the leases for small businesses were maintained and provided further comment on the parking spaces and the heights of the proposed development. A brief question and answer period ensued between Members of the Committee and Mr. Turner, regarding: •clarification regarding the concerns pertaining to commercial buildings; and, •concerns regarding the Walnut Lane extension. 4.2 Paula Bustard, SmartCentres - 46 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 4 Re: Report PLN 30-22 Official Plan Amendment OPA 20-003/P Zoning By-law Amendment Application A 07/20 Site Plan Application S 06/20 Calloway REIT (Pickering) Inc. (SmartCentres) 1899 Brock Road Paula Bustard, SmartCentres, appeared before the Committee to speak to Official Plan Amendment OPA 20-003/P, Zoning By-law Amendment Application A 07/20, and Site Plan Application S 06/20. Through the aid of a PDF presentation, Ms. Bustard provided an overview of the subject lands, the master plan of the development; phases of the development, and development statistics. She added that there were no significant shadowing impacts aside from three homes being impacted for one hour in March. She further spoke to details of the parking façade, parking ratio, visitor parking access, indoor and exterior amenities, sustainability measures, and Brock Road signalization. A question and answer period ensued between Members of the Committee and Ms. Bustard regarding: •whether the proposed development would include any rideshare components; •clarification regarding roughing in electrical vehicle charging stations for parking spaces and details on distribution of the spaces; •the concept plan for the proposed development and SmartCentres retaining ownership and maintenance of the development and the number of proposed rental units; •whether there were any shadowing impacts due to the existing tree canopy; •the size of the Northeast park and dedicating the parkland to the City in phase two; •signalization of Brock Road and whether the applicant would be willing to enter into a cost sharing agreement for the signalization; •the retail component of the proposed development and how this would provide a benefit for the community; •the variety of sustainability features that would be part of the proposal; •the number of businesses that would be impacted during phase one and whether the tenants would be relocated to a specific area; and, •whether consideration was given to affordable and alternative housing in the development. 4.3 Mark Iogna, Tribute (Liverpool) Limited Peter Jacovcic, Tribute (Liverpool) Limited - 47 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 5 Anish Panday, Tribute (Liverpool) Limited Michael Testaguzza, The Biglieri Group Anna Kogan, IBI Group Ismet Medic, WSP Re: Report PLN 29-22 Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road Mark Iogna, Peter Jacovcic, Anish Panday, Tribute (Liverpool) Limited, Michael Testaguzza, The Biglieri Group, appeared before the Committee with Anna Kogan, IBI Group, and Ismet Medic, WSP, being connected via audio connection to speak to Zoning By-law Amendment Application A 08/21 (R1). Mr. Testaguzza noted that his client was in agreement with the recommendations of Report PLN 29-22, provided a brief overview of benefits of the proposed development, and noted that they were available for questions. A question and answer period ensued between Members of the Committee, Mr. Logna, Mr. Jacovcic, Mr. Panday, Mr. Testaguzza, and Mr. Ismet, regarding: •details on traffic design and access to the proposed development from Liverpool Road and Highway 401; •timelines for the W alnut Lane extension; •whether rideshare programs would be a component of the proposed development; •the number of entrances to the proposed development; •parking space allocation per unit, the cost per parking space, and the number of proposed EV parking spaces; •the size of the proposed parkland dedication to the City and whether the lands outside of the rezoning area would be included in the park dedication; •whether the daycare amenity would be accessible to the public or just residents of the building; •whether the outside amenity area would have shelter for use during inclement weather; and, •optimal ways to signalize the Liverpool and Highway 401 intersection. 5.Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 29-22 Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road - 48 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 6 A question and answer period ensued between Members of the Committee and staff regarding: •accessing the proposed development from Liverpool Road and Walnut Lane and concerns pertaining to the directional limitations of travel due to the access and egress points of the development; •the presentation of a report on the Walnut Lane configuration at the June 27, 2022 Meeting of Council; •the impacts of the traffic congestion between Kingston Road and the proposed development; •ensuring that the proposed allocation of the 27 units to Habitat for Humanity was guaranteed and the ability to use the Site Plan Agreement process to secure these units in the development; •reviewing the sustainability features of the development as a component of the Site Plan Review process and when the proposed application would come to a future Site Plan Advisory Committee meeting; and, •the turning movement at Walnut Lane and Kingston Road being restricted to right turns. Recommendation: Moved by Councillor Pickles Seconded by Mayor Ryan 1.That Zoning By-law Amendment Application A 08/21 (R1),submitted by Tribute (Liverpool) Limited, to permit a high-density, mixed-use development, consisting of 3 residential towers having heights of 46, 49, and 53 storeys, containing a total of 1,779 units and 1,155 square metres of commercial space at grade, located at the northwest corner of Highway 401 and Liverpool Road, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 29-22, be finalized and forwarded to Council for enactment; and, 2.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 Tribute (Liverpool)Limited, for the lands located at the northwest corner of Highway 401 and Liverpool Road, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. - 49 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 7 Carried on a Recorded Vote as Follows: Yes Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor Pickles Mayor Ryan No Councillor Mclean 5.2 Director, City Development & CBO, Report PLN 30-22 Official Plan Amendment OPA 20-003/P Zoning By-law Amendment Application A 07/20 Site Plan Application S 06/20 Calloway REIT (Pickering) Inc. (SmartCentres) 1899 Brock Road A brief question and answer period ensued between Members of the Committee and staff regarding whether there were other OPAs with minimum and maximum density phrasing with Nilesh Surti, Manager, Development Review & Urban Design, advising that a similar approach was undertaken with OPA 38 and confirmed that there were still limitations on the density. Recommendation: Moved by Mayor Ryan Seconded by Councillor Butt 1.That Official Plan Amendment Application OPA 20-003/P, submitted by Calloway REIT (Pickering) Inc., to add a site specific policy for the lands located at the northeast corner of Pickering Parkway and Brock Road, to permit a minimum net residential density of over 80 units per hectare and no maximum density, increase the maximum permitted Floor Space Index (FSI) to 5.0, and add additional uses to facilitate a phased, high-density, mixed-use development, be approved, and that the draft by-law to adopt Amendment 45 to the Pickering Official Plan, as set out in Appendix I to Report PLN 30- 22 be forwarded to Council for enactment; 2.That Zoning By-law Amendment Application A 07/20, submitted by Calloway REIT (Pickering) Inc., to permit a phased high-density, mixed-use development consisting of 5 towers with building heights ranging between 25 to 32 storeys, containing a total of approximately 1,599 residential units - 50 - Planning & Development Committee Meeting Minutes June 6, 2022 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Doody-Hamilton 8 and 4,568 square metres of commercial space at grade, located at the northeast corner of Pickering Parkway and Brock Road, be approved, subject to the proposed zoning provisions contained in Appendix II to Report PLN 30-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and, 3.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 Site Plan Application S 06/20 and future site plan for Phase 2 or building permit applications, submitted by Calloway REIT (Pickering) Inc., for the lands located at the northeast corner of Pickering Parkway and Brock Road, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried Unanimously on a Recorded Vote 6.Other Business There was no other business. 7.Adjournment Moved by Mayor Ryan Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 8:49 pm. - 51 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Boyd -Fire Chief S. Douglas-Murray - Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources J. Flowers -CEO & Director of Public Libraries, Pickering Public Library R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk J. Halsall -Division Head, Finance P.Helgesen -Acting, Division Head, Water Resources & Development Services C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics A. Mostert -Manager, Landscape & Parks Development N. Surti - Manager, Development Review & Urban Design P.Furnell -Supervisor, Building Permits R. Perera -Deputy Clerk J. Bekramchand - Senior Financial Analyst, Capital & Debt Management C.Kong -Senior Financial Analyst, Capital & Debt Management I.Marouchko - Senior Water Resources Engineer P.Wirch -Principal Planner, Policy K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean – arrived at 2:45 p.m. 1.Roll Call - 52 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor McLean. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings 3.1 Director, Finance & Treasurer, Report FIN 09-22 Statutory Public Meeting Regarding Proposed 2022 Development Charge By-law and Background Study A statutory public meeting was held in accordance with the Development Charges Act, 1997. Stan Karwowski, Director, Finance & Treasurer, provided introductory remarks and introduced Sean-Michael Stephen, Managing Partner, Watson & Associates Economists Ltd. Sean-Michael Stephen, Managing Partner, Watson & Associates Economists Ltd., joined the meeting via video connection to speak to the City’s Development Charges Background Study. Through the aid of a PDF presentation, Mr. Stephen discussed the purpose of the public meeting and development charges (D.C.s), and the Study process. He provided information regarding anticipated development, calculated D.C. charges, impact of D.C.s on affordability, updates to D.C. policies, and the next steps in the process. A question and answer period ensued between Members of Council and Mr. Stephen regarding: • clarification regarding the process to increase D.C.s; • whether the percentage of a building expansion which was exempted from D.C.s was limited to the floor area prior to the first enlargement to ensure that the floor area cannot be continually increased through smaller additions; • clarification regarding the D.C. calculation for Seaton; • the percentage of the capital costs for new development which would be absorbed by D.C.s and how the remainder of the costs would be covered; • clarification regarding the calculation of D.C.s for residential intensification within existing residential structures and whether the Kingston Road Corridor intensification would be subject to full D.C.s for redevelopment; - 53 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm • the D.C.s for different types of dwelling units and whether dwelling types with higher intensification, such as apartment buildings/condominium buildings, would have lower D.C.s and whether this was consistent through out the GTA; • the percentage of the costs for the City Centre with regards to the total capital costs for recreational services; • how benefits for existing development were measured; • clarification regarding measuring lifestyle as a factor in housing decisions; and, • whether colleges would be included in statutory D.C. exemptions. The Chair called for delegations from the public for the Statutory Meeting and no individuals were present to delegate. A question and answer period ensued between Members of Council and staff regarding: • the average percentage of D.C.s which cover new growth and the anticipated impact of the proposed new Development Charges By-law to residential and non-residential taxpayers; • whether the D.C. component was the maximum that could be made based on the conducted research; and, • how the City measures affordable housing in comparison to GTA municipalities, excluding Toronto. Moved by Councillor Doody-Hamilton Seconded by Councillor Pickles Recommendation: 1. That Report FIN 09-22 of the Director, Finance & Treasurer be received; 2. That Council receive for information the City of Pickering – Development Charges Background Study prepared by Watson & Associates Economists Ltd. dated May 11, 2022; 3. That all submissions made at the June 20th Public Meeting or received in writing from the public by June 25th be referred to staff and to Watson & Associates Economists Ltd. for consideration in preparation of the final Development Charge recommendations and By-law for Council’s consideration on July 11th; and, - 54 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm 4. That the appropriate City officials be authorized to take the actions necessary to implement these recommendations. Carried 4. Delegations 4.1 Adam Layton, Principal, Evans Planning Inc. Re: Report PLN 32-22 Proposed Community Benefits Charge Strategy and By-law Proposed Changes to the Parkland Conveyance By-law Adam Layton, Principal, Evans Planning Inc., appeared before Council to speak to the proposed Community Benefits Charge Strategy and By-law and the proposed changes to the Parkland Conveyance By-law. Mr. Layton noted that he was present on behalf of his clients, Brock Dersan Developments, who were currently undergoing site plan approval for their development. He provided information regarding the development noting that it contained a stacked back-to-back townhouse component with rooftop access for private amenity space. He added that in reviewing the draft CBC by-law, it lacked clarity on certain terms, and asked that the proposed By-law be as clear as possible with respect to how the terms storey and grade or established grade were defined. He noted that both terms were important as the number of storeys for a building may determine where a Community Benefit Charge could be imposed. He added that he was also looking for clarity in how the storeys would be calculated with respect to established grade. He added that they were not in opposition to the intent of the proposed by- law and were seeking clarification on the types of units the proposed by-law would capture. 5. Matters for Consideration 5.1 Director, City Development & CBO, Report PLN 32-22 Proposed Community Benefits Charge Strategy and By-law Proposed Changes to the Parkland Conveyance By-law Kyle Bentley, Director, City Development & CBO, provided introductory remarks noting that staff had prepared a report regarding the Community Benefits Charge Strategy and parkland dedication by-law with consultation from Watson & Associates Economists Ltd. Sean-Michael Stephen, Managing Partner, Watson & Associates Economists Ltd., joined the meeting via video connection to speak to the City’s Community Benefits Charges (C.B.C.) Strategy and Parkland Conveyance By-law. Through the aid of a - 55 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm PDF presentation Mr. Stephen outlined the purpose of the Study, the Study process, and legislative requirements. He further provided information on anticipated growth in C.B.C. eligible developments, services included under C.B.C., the proposed C.B.C. By-law and Parkland Conveyance By-law. Mr. Stephen concluded his delegation by outlining the next steps in the process. Resolution #924/22 Moved by Councillor Pickles Seconded by Councillor Brenner That Council take a short recess due to a drop in the livestream feed of the Meeting. Carried Council recessed at 3:20 p.m. and reconvened at 3:32 p.m. Upon reconvening, and the livestream being reinstated, the City Clerk certified that all Members of Council were present and participating in-person. A question and answer period ensued between Members of Council, staff, and Mr. Stephen regarding: • clarification regarding In-Kind contributions; and, • how a storey would be defined and whether a green roof would be considered a storey under the proposed by-law. A further question and answer period ensued between Members of Council and staff regarding: • how to determine whether a parkland conveyance or cash-in-lieu would be most suitable for a development application; • how the CBC would be applicable alongside parkland conveyance and cash-in-lieu; • the difference in criteria between the Parkland Conveyance By-law and the proposed CBC By-law; and, • whether the proposed CBC By-law would consider green roofs and greening. Resolution #925/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton - 56 - Special Council Meeting Minutes June 20, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm That Report PLN 32-22 of the Director, City Development & CBO, respecting the proposed City of Pickering Community Benefits Charges Strategy and Community Benefits Charges By-law, and proposed changes to the City of Pickering Parkland Conveyance By-law, be received for information. Carried 6. Confirmation By-law By-law 7943/22 Councillor Pickles, seconded by Councillor Brenner moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of June 20, 2022. Carried 7. Adjournment Moved by Councillor McLean Seconded by Councillor Doody-Hamilton That the meeting be adjourned. Carried The meeting adjourned at 4:01 pm Dated this 20th of June, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 57 - Memo To: Mayor Ryan and Members of Council May 31, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Chief Administrative Officer Director, City Development & CBO Chief Planner Manager, Development Review & Urban Design Subject: Short Term Rentals File: L-2100-001-22 Further to comments made under Other Business at the May 24th Council meeting, this memorandum summarizes the status and next steps regarding the municipal regulation of short term rentals such as AirBnB. As you know, the City does not currently have by-laws in place to specifically regulate short term rentals (“STRs”). That being said, aspects of STRs that give rise to complaints can be addressed by enforcement of the following City by-laws: Property Standards By-law No. 7887/21 Nuisance By-law No. 7773/20 Noise By-law No. 6834/08 Traffic & Parking By-law No. 6604/05. Residents should be encouraged to report concerns through Customer Care. Once logged by Customer Care, complaints will be investigated by our Municipal Law Enforcement Officers, and appropriate enforcement measures will be taken. In the last two years, Customer Care has logged two complaints related to STRs, and I have been made aware informally of two other complaints in that same time period. At present, STRs do not generate a significant number of complaints, but that is likely to change over time. As the City’s population increases, and as additional entertainment uses are developed on and around the Pickering Casino Resort site, the number of STRs, and the number of complaints they cause, is likely to increase. By implementing a combination of zoning and licencing by-laws, the City can position itself to manage any future increase in STRs before they cause widespread problems. Regulation of STRs will aid in preventing nuisances and negative impacts on nearby homes. Regulating STRs also serves an important planning objective: limiting the extent to which long term rental housing is converted to STR. This is important because of the limited availability of rental housing units in the City. CAO 38-22 Corr. 26-22 - 58 - May 31, 2022 Page 2 of 2 Short Term Rentals The Region of Durham has organized a Short Term Rental Task Force consisting of representatives from most area municipalities in the Region. I attended the kick-off meeting of the Task Force just today. We are working together to determine the best approach to STR regulation. The preliminary consensus of Task Force members is that a combination of zoning and licencing by-laws, with continued enforcement of Property Standards and Nuisance By-laws is the best and most cost effective approach. Zoning provisions for STRs can be employed to limit the areas in which STRs are permitted, and even the number of STRs in a given area or neighbourhood. Without zoning provisions, the costs of licencing and enforcement can be very high. In the short term, Region of Durham Legal Services staff will be suggesting some provisions to improve the enforceability of Property Standards and Nuisance By-laws against STR properties. These improvements will focus on increased fines and enforcement against homeowners. The Task Force will also draft zoning by-law and licencing by-law provisions for STRs, with a view to initiating the required zoning amendments in the Fall for implementation early next year. The zoning by-law provisions will be the subject of public meetings as required by the Planning Act. Attached for your information is a Jurisdictional Scan setting out the regulatory approach adopted by some other municipalities. If you have any questions about STR regulation, please contact me at any time. PB:ks Attachment - 59 - - 1 - Jurisdictional Scan – Local Municipality By-Law / Licensing System Components Ajax THE CORPORATION OF THE TOWN OF AJAXBY- LAW 115-2013 Being a By-law for the Licensing and Regulating of Lodging Houses. •Definitions •General •Lodging House Regulations / Prohibitions / Provisions •Design of Premises •Inspections •Nature of Licence •Application, Renewal, and Revocation of Licence •Issuance, Suspension, Revocation of Licence •Change of Status •Offence, Penalty and Enforcement •Validity Brock Clarington Clarington doesn’t have a specific STR bylaw Oshawa Schedule "A" to By-law 62- 2020 Schedule "R" to By-law 120-2005 Zoning By-law Number 60- 94 as Amended •S.T.R. Licence Application Requirements •Licence Conditions The new licensing system for S.T.R. Operators compliments existing zoning standards (found in Zoning By-law 60-94). Zoning standards require that the S.T.R. must be the principal residence of the operator. Furthermore, S.T.R.s are only permitted to operate - 60 - - 2 - Municipality By-Law / Licensing System Components Short-term Rentals for periods less than 28 days consecutive days and no more than a combined 180 days per calendar year. Highlights of the licensing system include: •All S.T.R. Operators are required to obtain a licence to operate an S.T.R. in Oshawa •S.T.R. Operator licensing standards and requirements can be found in Schedule “R” of Licensing By-law 120-2005 •An S.T.R. Operator licence is $75 plus a $75 licence application fee •S.T.R. Operators are required to operate their rental in a responsible and respectful manner •S.T.R. renters are required to comply with all City by-laws during their stay (examples include Noise By-law 112-82 and Parking By-law 79-99) •If renting by the room, no more than two (2) rooms can be rented and each room has a maximum of two (2) occupants •S.T.R. Operators must ensure renters receive a copy of the Visitor’s Code as provided by the City to help educate visitors and their guests about acceptable standards of behaviour and to minimize adverse neighbourhood impacts, and Operators must retain confirmation that renters have received the document •All advertisements must include a valid City of Oshawa •S.T.R. Operator business licence number •S.T.R. Operators must ensure there are City-approved instructions posted in the S.T.R. in a location approved by the City that advise renters of what to do in the event of an emergency (see document linked under “Additional Resources” section below) •S.T.R. Operators must maintain proper insurance and be in compliance with all applicable law •S.T.R. Operators must keep records available for City-inspection for a period of six (6) years following the last date of the rental period, including: - 61 - - 3 - Municipality By-Law / Licensing System Components o The number of nights the S.T.R. was rented o The dates rented o Whether the rental was a whole home rental or by the room rental o Confirmation of renter receipt of the Visitor’s Code •S.T.R. Operators must ensure they have a Local Contact who is available to attend to the affiliated S.T.R. within one (1) hour from the time of contact by telephone or email at all times. Scugog Uxbridge ZONING BY - LAW NUMBER 81-19 (As Amended) OF THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE HOLDING COMMUNITY FACILITY EXCEPTION NO. 16 ((H)CF-16) ZONE PERMITTED USES The following uses are permitted, in addition to the uses in Sections 4.13.1 b. and c.: … ii. short term residential accommodation; CORRIDOR COMMERCIAL/MIXED USE EXCEPTION NO. 2 (C4-2) ZONE PERMITTED USES In addition to the uses permitted in Section 4.17.1 the following additional uses shall be permitted: o an apartment dwelling house or apartment dwelling houses which may or may not have a common entrance from the street level and which may include non-residential uses permitted in the C4-2 Zone, as well as a day nursery use, on the ground floor and in the basement provided that any - 62 - - 4 - Municipality By-Law / Licensing System Components apartment dwelling house is located a minimum of 20 metres from the east lot line; and, o ii. seniors supportive housing and short term residential accommodation located a minimum of 20 metres from the east lot line. Corridor Commercial/Mixed Use (C4) Zone xi. Minimum Building Frontage Abutting Toronto St. S. for new building and the ultimate development of the site shall be defined as that portion of the street line defined by the edge of a building which meets the Yard requirements in subsections i. and x. inclusive of the Regulations for Permitted Uses and where the front entrance to the building is located. 40% for commercial uses 35% for apartment or seniors supportive housing/short term residential accommodation uses and that there shall be an entrance, that is not required to be a front entrance, off of Toronto Street or at the corner of Toronto Street and Douglas Road. MAIN STREET NORTH MIXED USE (C5) ZONE PERMITTED USES No person shall within Main Street North Mixed Use (C5) Zone use any land or erect, alter or use any building or structure, except for one or more of the following uses: … k) Seniors supportive housing and short term residential accommodation; … - 63 - - 5 - Municipality By-Law / Licensing System Components Whitby Staff Report: Regulating Short-Term Rental Accommodations Whitby Short-Term Rentals -Have Your Say! Highlights: •Short-term rental accommodations are typically described as a rental accommodation reserved for a short period of time (i.e., 28 days or less). •Over the past ten years, the growing popularity of websites such as Airbnb and VRBO have increased the demand for short-term rental accommodations. •Council requested that Town staff look into what other municipalities were doing to regulate such rentals, and report back with findings. Staff have conducted a thorough research of municipalities in Durham Region and across the province to determine how they were addressing this issue. •Staff recommend creating a regulatory framework and making Zoning Bylaw changes to control short-term rental accommodations in Whitby. This option is preferred over leaving the situation as-is, or allowing such accommodations without any specific regulatory oversight. - 64 - - 6 - Jurisdictional Scan – Across Ontario Municipality By-Law / Licensing System Components The Blue Mountains The Corporation of the Town of The Blue Mountains By-Law Number 2021-10 Being a By-law to Regulate and License Businesses in the Town of The Blue Mountains •Definitions •Application and General •Application for a Licence •Licence Terms and Conditions •Licenses Administrative Suspensions •Licenses Grounds for Refusal, Revocation or Suspension •Licenses Grounds for Refusal, Revocation or Suspension – Right to a Hearing •Establishment of Licensing Appeal Committee •Hearing Process •Demerit Point System •Fees •Orders •Enforcement and Penalty Provisions •Administrative Monetary Penalties •Severability •Singular and Plural Use •Schedules Huntsville THE CORPORATION OF THE TOWN OF HUNTSVILLE •Definitions •Administration •Prohibitions - 65 - - 7 - Municipality By-Law / Licensing System Components BY-LAW NUMBER 2020- 91 Being a by-law to license, regulate and govern Short- Term Rental Accommodations •Term of License •Licensing Requirements •Application Requirement •Site Requirements •Inspection •Issuance of License Suspension and Grounds for Refusal •Appeal •Enforcement •Entry and Inspection •Obstruction •Order •Service of Documents •Administrative Penalties •Fines •Collection of Unpaid Fines •Severability •Schedule •Town Not Liable •Authorization •Repeal Kawartha Lakes Short Term Rentals By-Law Inspection Fees - 66 - - 8 - Municipality By-Law / Licensing System Components Short Term Rental property owners are encouraged to be active hosts in ensuring that their guests enjoy an excellent stay in Kawartha Lakes and that their neighbours maintain an excellent quality of life. Please remember that Short Term Rental operators can be held accountable for the actions of their guests. If a Municipal By-law is broken, By-law fines can be charged to the individuals who violated the regulation and inspection fees can be charged to the property owner. Kingston City Of Kingston Ontario By-Law Number 2021- 10 A By-Law to License and Regulate Short-term Rentals in the City of Kingston •Definitions •Administration •Interpretation •Prohibitions •Licensing Requirements •License Issuance •Regulations •Exemptions - 67 - - 9 - Municipality By-Law / Licensing System Components •Enforcement •Orders •Offence and Penalty Provisions •Validity •Short Title of By-Law •Commencement Niagara on the Lake BY-LAW NO. 4634-13 A BY-LAW FOR THE LICENCING, REGULATING AND GOVERNING OF SHORT TERM RENTALS IN THE TOWN OF NIAGARA-ON- THE-LAKE AND TO REPEAL BY-LAW 4422-10 AND BY-LAW 4016-06 AND AMENDMENTS •Definitions and Interpretation •General Provisions •Parking •License Application o License Time Period o License Issue and Denial o License Refunds and Penalties o License Fees o Pre-License Inspection •Administration and Enforcement o Violations o License Suspension, Revocation o Appeal o Licencing Appeal Committee o Penalty for Non-Compliance •Conflict and Severability o Repeal - 68 - -10 - Municipality By-Law / Licensing System Components o Effective Date Ottawa Short-Term Rental (By- law No. 2021-104) Part I – General Provisions •Definitions •Interpretation •Provision of short-term rental •Marketing short-term rentals •Insurance and indemnification •Information collection Part II – Host permits •General •Application for host permit •Information for guests •Permitted number of overnight guests •Overcrowding •Fire safety •Insurance for hosts Part III – Property managers •Registration •Standards for property managers •Insurance for property managers Part IV – Short-term rental platforms •Registration •Provision of data - 69 - -11 - Municipality By-Law / Licensing System Components •Public complaints •Communications regarding municipal regulations •Municipal Accommodation Tax •Insurance Part V – Prohibitions in condominiums, housing co-operatives and rental housing •Rental housing •Condominium corporations •Housing cooperatives Part VI – General administrative and regulatory provisions Part VII – Administration and Enforcement •Refusal of permit or registration •Suspension of Permit or Registration •Revocation of Permit or Registration •Request for review •Review hearing •Property standards and licence appeals committee decision •Waiver of hearing •Implementation of property standards and license appeals committee decision •Offences and penalties •Enforcement Schedule of Fees - 70 - -12 - Municipality By-Law / Licensing System Components Ramara THE CORPORATION OF THE TOWNSHIP OF RAMARA BY-LAW NUMBER 2020.11 A BY-LAW TO LICENSE, REGULATE AND GOVERN SHORT-TERM RENTAL ACCOMMODATION USES •Definitions •Application •Licensing Requirements •Administration •General Regulations •Demerit Point System •Appeals Committee •Revocation and Suspension •Offence and Penalty Provisions •Administrative Penalties •Delegation Toronto TORONTO MUNICIPAL CODE CHAPTER 547, LICENSING AND REGISTRATION OF SHORT-TERM RENTALS 547-1 July 16, 2021 Chapter 547 LICENSING AND REGISTRATION OF SHORT-TERM RENTALS Article 1 – General Provisions •Definitions •Requirement for company licence and operator registration •Prohibition on and removal of advertising related to unregistered operators •Registration number to be included on short-term rental documents •General provisions applicable to all companies and operators Article 2 – Licensing and Registration •General issuance provisions •Term and renewal of licences and registrations •Requirement to report changes to information or breach of screening criteria •Procedure to apply for a licence or its renewal - 71 - - 13 - Municipality By-Law / Licensing System Components • Referral of licence to Toronto Licensing Tribunal • Toronto Licensing Tribunal hearings and authority • Revocation of licence for technical or clerical eror • Procedure to apply for a registration or its renewal • Revocation of a registration for reasonable grounds • Refusal and revocation process to be completed in writing • Revocation of registration for technical error • Grounds and administrative criteria for denial of a licence or registration • Authority to suspend a licence or registration for immediate danger Article 3 – Short-term Rental Companies • Licence application and renewal requirements • Operator consent to pass-trough registration • Records to be kept and remitted by companies • Creation and use of law enforcement accounts • Prohibition on arbitration clauses • Publication of complaint procedures • Communications regarding short-term rental by-law Article 4 – Short-term Rental Operators • Registration application and renewal requirements • Principal residence requirements • Issuance and posting of operator registration numbers • Operator to provide guest with emergency information • Records to be kept by operators - 72 - -14 - Municipality By-Law / Licensing System Components Article 5 – Inspections, Offences and Guidelines •Municipal Licensing and Standards audit and investigative authority •Municipal Licensing and Standards authority to inspect premises and items •Offences •Interpretation bulletins •Administrative provisions - 73 - -15 - Jurisdictional Scan – Outside Ontario / International Municipality By-Law / Licensing System Components Banff Calgary https://www.calgary.ca/business- economy/csps/abs/short-term- rentals-and-lodging-houses.html Victoria San Francisco SEC. 41A.7. OFFICE OF SHORT- TERM RESIDENTIAL RENTAL ADMINISTRATION AND ENFORCEMENT. FAQS ON SHORT-TERM RENTALS SHORT-TERM RENTAL GUIDELINES What are the laws regarding other types of rentals? Rentals Longer than 30 Nights: Renter Rights and Rent Control Rentals for more than 30 consecutive nights (by the same visitors) are not subject to short-term rental regulations or subject to hotel (transient occupancy) taxes. Business personal property taxes may still apply (administered by the San Francisco Assessor-Recorder). In addition, rental/tenant protections and rent control provisions may apply to stays of 30 days or more. The Office of Short-Term Rentals cannot provide advice on tenant protection or rent control rules and laws. Contact the San Francisco Rent Board for more information. If rentals are offered for more than 30 nights per guest stay (for those dwelling units not authorized to offer short-term rentals by the Office of Short-Term Rentals), ensure that booking calendars and advertisements for all online listings clearly indicate a 30-day minimum stay. Renting Your Home for Meetings and Events Some hosts use online platforms to rent out portions of their home for daytime events such as work space usage by individuals booking short time segments; or for ceremonies, conferences or meetings. This type of activity generally - 74 - - 16 - Municipality By-Law / Licensing System Components violates Planning Code rules if the space being used is intended for residential use. Short-Term Rentals in Commercial and Industrial Buildings Short-term rentals may only be hosted in areas that are permitted for residential use. For example, short-term rentals may not be held in a institutional, commercial or industrial building, unless a specific portion of the building is authorized (per the Department of Building Inspection) as a residential dwelling unit. In addition, vehicles (including RVs and Camper Vans) and temporary structures (such as tents, sheds, tree houses, etc.) may not be used for short- term rentals. Short-term rentals can be hosted in residential portions of live-work units; if the host is a permanent resident. However, the short-term rental activity is not considered a qualifying business activity in those specific live-work units where a notice of special restrictions (NSR), recorded on the property, requires a business activity/registration for the "work" area. Also see: "Ineligible Properties." Seattle Seattle City Council Ordinance 125483 – An Ordinance relating to short-term rental uses and bed and breakfast uses; amending Sections 22.214.030, 23.44.051, 23.45.545, 23.84A.024, 23.84A.030, and 23.84A.036 of the Seattle Municipal Code (SMC); and adding a new Section 23.42.060 to the SMC. • Applicability • Short-term rentals • Bed and breakfasts • Standards for certain accessory uses - 75 - THE CORPORATION OF THE TOWN OF AJAX BY-LAW 115-2013 Being a By-law for the Licensing and Regulating of Lodging Houses. WHEREAS the Municipal Act, 2001, S.O. 2001, authorizes a municipal council to pass by-laws for licensing, regulating, governing, classifying and inspecting any business wholly or partly carried on within the municipality and includes the authority for Council to enact legislation with regard to persons who provide services in connection with any such businesses; AND WHEREAS a public information meeting was held in Council Chambers of the Town of Ajax to discuss a proposed Lodging House By-law on the 2nd of December, 2013; NOW THEREFORE, THE CORPORATION OF THE TOWN OF AJAX HEREBY ENACTS AS FOLLOWS: 1. SHORT TITLE 1.1 This By-law may be cited as the Lodging House By-law. 2. DEFINITIONS 2.1 In this By-law, (a) "bed and breakfast establishment" means a dwelling or part of a dwelling in which not more than 3 bedrooms are used or maintained fo_r the accommodation of the traveling public, in which the owner supplies lodgings with or without meals for hire or pay but does not include a group home; (b) "building" means any structure occupying an area greater than 1 0m2 and consisting of any combination of walls, roof and floor or any structure system serving the function thereof, fncluding all associated plumbing, works, fixtures and service systems; (c) "Certified Technician" means a person who has met all the requirements set out in Division C, Article 1.2.2.2. of the Fire Code, O.Reg 213/07, for the purposes of performing tests, alterations, repairs of a smoke alarm. (d) "Co mmittee" means the Committee of Council to which Council has delegated the responsibili ty of handling licensing matters; (e) "Council " means the Council of the Town ; (f) "crisis care facility" means a residential facility that is licensed and fu nded by the Province of Ontario, Government of Canada or an appointed agency, for the short term, temporary care of persons requiring immediate emergency shelter and aid who are living under the supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being; (g) "dwelling" means a building, occupied or capable of being occupied as a home, residence, or sleeping place by one or more persons, containing one or more dwelling units; (h) "dwelling unit" means a room or a group of rooms in a dwelling used or intended to be used as a single independent and separate housekeeping unit in which a kitchen and sanitary facilities are provided, and which has a private entrance from outside the dwelling or from a common hallway or stairway inside the building ; (i) "grou p home" means a residence, licensed or funded under an act of the Parliament of Canada or Province of Ontario, that is designed for the accommodation of 3 to 10 persons, exclusive of staff, living under supervision in a dwelling unit and who by reason of thei r emotional, mental, social, or physical condition or legal s_tatus, require a group living arrangement for their well-being; - 76 - (j) "gross floor area" means the aggregate of the floor area measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, excluding any porches, verandas, sunrooms (unless habitable in all seasons of the year), unfinished basement, garage, or mechanical penthouse; (k) "hospital" means any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, or for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital and may include a gift shop, cafeteria, or other accessory use associated with a hospital; (I) "hotel" means a commercial establishment offering accommodation to the traveling public on a daily rate basis and may include such accessory facilities as a restaurant, banquet facilities, meeting rooms, swimming pool and a fitness establishment, but does not include a bed and breakfast establishment or a lodging house; (m) "kitchen" means a room appropriate for cooking and food preparation for human consumption; (n) "licence" means an authorization under this By-law to carry on the trade, calling, business or occupation specified herein, and licensee means the person to whom a licence has been issued; ( o) "Licensing Officer" means a Municipal Law Enforcement Officer; (p) "lodger" means an individual, other than an owner, who resides in a lodging house; (q) "lodging house" means a building or part of a building, containing three to ten lodging units, which does not function as a dwelling unit, although one may be included with the lodging units. It includes, w ithout lim itation, a rooming house and a boarding house, a fraternity house or sorority house. It does not include a hotel, a hospital, a group home, a bed and breakfast establishment, a crisis care facility, a nursing home, a retirement home, a seniors apartment, or a senior citizens' apartment as defined by this By-law; (r) "lodging unit" means a room within a building that contains sleeping accommodations and may contain washroom facilities; (s) "Med ical Officer of Health" means the Medical Officer of Health for The Regional Municipality of Durham; (t) "Municipal Law Enforcement Officer" means a person appointed by Council to enforce the By-laws of the Town; (u) "nursing home" means a dwelling or other building in which lodging, with or without meals, is provided for hire or pay, and where nursing or medical care and treatment are provided or made available in accordance with the Long Term Cares Act S.O. 2007, but does not include a hospital; (v) "owner" means the person or persons registered as the owners of a subject property; (w) "person " means a natural individual, and their heirs, executors, administrators or other legal representatives, a corporation , partnership or other form of business association or a receiver or mortgagee in possession; (x) "property" means the lot on which a lodging house sits; (y) "reasonable time" means between the hours of 8 a.m. and 8 p.m. on the same day; (z) "recreation room " means a room contained in a lodging house and maintained for the purpose of passive enjoyment of the lodgers, and includes, but is not limited to a games room, TV room , living room; - 77 - (aa) "retirement home" means a residence providing accommodation primarily for persons or couples of 65 years of age or over where each living unit has a private bedroom, a private washroom and separate entrance from a common hall but where common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided; (bb) "seniors apartment or a senior citizens' apartment" means an apartment building for seniors which shall include common facilities for the preparation, serving and consumption of meals, and may also include common areas, indoor and outdoor recreation facilities, and respite care facilities where such uses and activities are provided only for residents, and where each dwelling unit has a maximum of one bedroom and may or may not include a private kitchen." (cc) 'Town" means The Corporation of the Town of Ajax; (dd) "washroom" means that part of a building containing at least one toilet, at least one washbasin and at least one bathtub or shower. 3. GENERAL 3.1 No person shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a lodging house, or any part thereof, as a business without first obtaining a licence therefore under the provisions of this By-law. 3.2 Where a licence has been issued under this By-law for the use, operation or maintenance of a lodging house, no person or owner shall use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, kept, rented or offered for rent that lodging house, or any part thereof, except in conformity with the terms and provisions of the licence and this By-law, including any conditions imposed on the licence. 3.3 No person or owner shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a lodging house, or any part thereof, except in compliance with the Town's Zoning By-law, as amended, the Town 's Traffic By-law as amended, the Town's Heat By-law, the Fire Protection and Prevention Act 1997 S.O. 1997, as amended and regulations thereto, the Building Code Act, 1992, S.O. 1992, c.23, as amended. 3.4 No person or owner shall knowingly or not knowingly, own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a lodging house, or any part thereof, except in compliance with the provisions of this By-law. 4. LODGING HOUSE REGULATIONS/PROHIBITIONS/PROVISIONS 4.1 No person or owner shall own, use, operate, maintain, be keeper of, rent, offer for rent or permit to be used, operated, maintained, rented or offered for rent a lodging house, or any part thereof except in compliance with the Town 's Property Standards By-law. The Property Standards By-law dictates standards such as, ensuring the lodging house is; a) kept free from dampness and moisture, b) kept free from pest infestation, c) maintained in a clean and sanitary condition, and provided appliances and fixtures are kept in working order, d} provided with adequate heat, in accordance with the Town 's Heat By-law. 4.2 No person or owner shall use or permit the use of an appliance in a lodging unit that may create a fire hazard. 4.3 No person or owner shall occupy or permit the occupancy of, for sleeping purposes, any unfinished basement or any space used or designed to be used as a lobby, hallway, closet, washroom, laundry room, stairway or kitchen. - 78 - 4.4 Every lodging unit shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space that admits natural light. 4.5 Every corridor, passageway, doorway, stairway, washroom, kitchen, recreation room and storage rooms or other room used or designed to be used in common by lodgers in a lodging house shall be provided with adequate light. Common areas will not be locked, and will be accessible to lodgers. 4.6 A functioning telephone shall be provided in the lodging house that is accessible to all lodgers at all times for emergency use and the licensee shall post a list of loca l emergency numbers in close proximity to the telephone. 4. 7 No person shall prepare, and no person or owner shall permit, the preparation or cooking of food for human consumption in any area other than a kitchen. 4.8 Every person and owner shall ensure that all garbage that accumulates on the property of the lodging house, in anticipation of disposal, is stored in receptacles wh ich are; (a) insect and rodent proof; (b) water tight; (c) provided with a tight fitting cover; (d) maintained in a clean condition; (e) washed as frequently as necessary to maintain an odour free condition; and (f) kept on a portion of the property that is screened from public view. 4.9 Every person and owner shall ensure that all garbage and waste generated on the property is prepared and disposed of in accordance with the Municipality's Waste Management By-law and policies. In the event that the lodging house generates more waste than is collected by the Regional Municipality of Durham, as dictated by their policies, waste and refuse shall be promptly removed and disposed of legally. 4.1 O Where a licence is issued under this By-law, it shall be displayed in a prominent location inside the main entrance of the lodging house together with a list of any conditions imposed upon the licence. 4.11 The following written records shall be kept for each lodger and these records shall be made available for inspection forthwith, on the request of a Municipal Law Enforcement Officer; a) the full name of the lodger; b) the name, address and te lephone number of the next of kin , or where there is no next of kin , the number of someone to contact in the event of an emergency; and c) the make, model, and licence plate of any vehicles owned or operated by a lodger. 4.12 All of the records referred to in Subsection 4.11 are the property of the lodger and, where the lodger no longer res ides in the lodging house, shall be returned to the lodger, forthwith, upon demand. 4.13 Every licence issued under this By-law is subject to the following conditions: a) that the maximum number of lodging units as provided for in the licence is not exceeded; b) that all Federal and Provincial laws and Town By-laws, including this By- la w, are complied with prior to and subsequent to licence issuance; and - 79 - c) that no construction, renovation, alteration or addition is carried out on the subject property except in compliance with all laws and upon the issuance of all applicable permits. 4 .14 The Town may impose any special conditions deemed appropriate, to a licence, at any time during the term of the licence, to increase public safety or to minimize public nuisances. 4.15 No more than 1 lodgi ng house is permitted per property. 4 .16 Each lodging house will be equipped with a kitchen that contains a minimum of a refrigerator, a stove, and a sink, for use by lodgers. 4.17 Every owner shall ensure that the property of the lodging house has the minimum required parking spaces indicated in the chart below; Lodging House Required Parking Units Spaces* 3 3 4 4 5 4 6 4 7 5 8 5 9 5 10 6 The required parking spaces have been established based on the two parking spaces required in the Town's Zoning By-law, as amended for the building and an additional parking space for every three lodging units. If the Zoning By-law requires additional parking spaces due to additional uses of the property, the owner shall ensure all required parking spaces are provided . 4 .18 Every owner shall ensure the size and location of the parking spaces comply with the Town's Zoning By-law, as amended. 5. DESIGN OF PREMISES 5 .1 No person shall maintain, rent or offer for rent, or permit the maintenance, renting or offering for rent, of lodging units in a lodging house, or any part thereof, in excess of the maximum number of lodging units permitted in the following table based on the gross floor area of the lodging house: Maximum Number of Gross Floor Area of Lodoinq House Lodging Units Permitted 0-140 m2 3 140.1 -186 m2 4 186.1 -233 m2 5 233.1 -326 m2 6 326.1 -465 m2 8 465-600 m2 10 5.2 Every lodging house shall be equipped with no less than one (1) wash room , for use by lodgers, for every three (3) lodgers. Washrooms shall be supplied with an adeq uate supply of common toiletries including, toilet paper, hand soap, and paper or cloth towels . A waste basket shall be provided in each washroom. Each waste basket shall be emptied and cleaned as often as necessary for it to be maintained in a clean and sanitary condition. 6. INSPECTIONS 6.1 Upon receipt of an application for a licence or licence renewal, inspections of the lodging house will occur at the location named in the application to determine whether such lodging house complies with this By-law, and all other applicable legislation. 6 .2 The signature of the registered owner and applicant (if different from the registered owner) on the application form shall be deemed as permission for authorized persons to - 80 - enter the subject property (and buildings) named in the application at any reasonable time to carry out any inspections. 6.3 Every lodging house shall be subject to an annual Fire Services and Property Standards Inspection. Ajax Fire and Emergency Services require an annual inspection certificate from a Certified Technician verifying that; (a) the smoke alarms have been serviced within the preceding year; {b) the smoke alarms are in working order; (c) the fire extinguishers have been serviced within the preceding year; {d) the fire extinguishers are in working order. 7. NATURE OF LICENCE 7.1 No person shall enjoy a vested right in the continuance of a licence and the va lue of a licence shall be the property of the Town and shall remain so irrespective of the issue, renewal or revocation thereof. 7.2 No person licensed to carry on any trade, calling, business or occupation pursuant to this By-law may advertise or promote or carry on such trade, calling, business or occupation under any name other than the name endorsed upon his/her licence. 7.3 The licence required by this By-law shall, unless it is expressed to be for a shorter or longer time, be for t he period up to and including the 31 st day of December in the year of issuance, unless it is sooner forfeited or revoked . 7.4 No licence shall be transferred or assigned and if a person, leases or otherwise disposes of his/her interest in the trade, calling, business or occupation carried on at a lodging house, their licence in respect of such lodging house or activity shall, notwithstanding any other provision of this By-law, be revoked. 7.5 Every licence shall have endorsed thereon the location of the lodging house and such licence shall be valid only for the location endorsed thereon. 7.6 A duplicate licence may be issued by the Licensing Officer to replace any licence previously issued which has been lost, stolen or destroyed, upon written application by the licencee and payment of the fee as stated in Schedule "A" of this By-law. 7.7 Any licence that has not been renewed as of December 31 st in the year for which it is issued shall expire on January 1st on the following year. 8. APPLICATION, RENEWAL AND REVOCATION OF LICENCE 8.1 Every applicant shall appear in person before a Licensing Officer and shall complete such licence application forms as may be provided from time to time by the Licensing Officer in accordance with the requirements of this By-law and shall provide all information requested thereon, such information to include ; (a) In respect of an application for an initial licence; (i) a Canadian Police Clearance Letter dated within thirty (30) days of the date of the application naming the applicant, (ii) current valid photo identification, satisfactory to the Li censing Officer, (iii) proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily injury; (iv) a statement from the Medical Officer of Health for Durham Region, or his/her designate, that the building on the subject property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act R.S.O 1990 c H.7 and all of the regulations and by-laws thereunder, meets the minimum public health standards and does not pose a health hazard; (v) the applicable fees; - 81 - (vi) a floor plan of the building, including the dimensions and proposed use of each room; (vii) a site plan illustrating the location of all buildings on the property, the proposed use of each building , the lot lines of the property, and including the location and dimensions of all the parking spaces on the property; (viii) if the applicant is not the owner of the property, a letter of consent from the owner, bearing his/her signature and stating that there are no objections to the applicant using the property as a lodging house and a copy of the lease or other documentation showing the applicants r ight to operate the lodging house. (b) in respect of an application for a licence renewal, where the lodging house was licensed in the previous calendar year, and there has been no change to the particulars or the information contained within the original documents submitted with the initial application; (i) a Canadian Police Clearance Letter dated within thirty (30) days of the date of the application naming the applicant; (ii) current valid photo identification, satisfactory to the Licensing Officer; (iii) proof of placement of insurance for the duration of the licence period having a limit of liability of not less than $2,000,000.00 (two million dollars) per occurrence for property damage and bodily inj ury; (iv) a statement from the Medical Officer of Health for Durham Region, or his/her desig nate, that the building on the subject property and the subject Property itself complies with all of the requirements of the Health Protection and Promotion Act R.S.O 1990 c H.7 and all of the regulations and by-laws thereunder meet the minimum public health standards and does not pose a health hazard; (v) the applicable fees; 8.2 In the case of a lodging house operated by a partnership such appearance shall be made by one of the partners, provided the application shall be signed by all of the partners and in the case of a lodging house operated by a corporation, such appearance shall be made by an officer of the corporation and not by an agent thereof. 8.3 Receipt of the application and/or the licence fee by the Town shall not represent approval of the application for the issuance of a licence nor shall it obligate the Town to issue such licence. 8.4 At the time of submission of an application, every applicant shall pay to the Town the fee set forth in Schedule "A" provided such fee shall not be reduced in the event that the period for which the licence is granted is less than one year. 8.5 Without limiting the generality of any other provision in this By-law, persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration, in writing, signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and the address of his/her ordinary residence; (b) the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only members of the partnership; and (d) the mailing address for the partnership. 8.6 Without limiting the generality of any other provision in this By-law, every corporation applying for a licence shall file with the Licensing Officer, at the time of making its application, a copy of its articles of incorporation or other incorporating documents and shall file a statutory declaration, in writing signed by an officer of the corporation, which declaration shall state: (a) he full name of every shareholder and the address of his/her ordinary residence; (b) the name or names under which it carries on or intends to carry on business; (c) that the persons therein named are the only shareholders of the corporation; - 82 - (d) the mailing address for the corporation; and ( e) a certificate of status issued by the Provincial or Federal Government, indicating that the corporation is active. 8.7 If any member of a partnership applying for a licence is a corporation, such corporation shall be deemed to be applying for a lodging house licence as appropriate instead of the partnership. 8.8 Every person applying for a lodging house licence shall file with the Licensing Officer documentation satisfactory to the Licensing Officer demonstrating the applicant's right to possess or occupy the premises. 8.9 The Licensing Officer shall: (a) receive and process all applications for licences and renewal of licences to be issued under this By-law; (b) co-ordinate the enforcement of this By-law; (c) generally perform all the administrative functions conferred upon him/her by this By-law; (d) make or cause to be made all investigations and inspections which he/she deems necessary to determine whether an applicant meets the requirements of this By-law and all applicable laws; ( e) issue licences to persons who meet the requirements of this By-law and suspend licences pursuant to the requirements of this By-law; (f) where a licence has been issued pursuant to this By-law and otherwise remains in full force and effect, renew the licences of the persons who meet the requirements of this By-law. 9. ISSUANC E, SUSPENSION, REVOCATION OF LICENCE Issuance 9.1 The Licensing Officer shall issue the licence only where, (a) all the information which the applicant is required to provide under this By-law has been provided, and verified; (b) all the documents which the applicant is required to provide under this By- law have been provided; (c) the licence fee is paid ; (d) the investigations do not disclose that the issuing of such licence may be adverse to the public interest; ( e) the Licensing Officer has no grounds to believe the applicant will not conduct himself /herself in accordance with the law or with honesty and integrity; (f) the use and intended use of the subject property is permitted in accordance with the Town's Zoning By-law; (g) the building on the subject property is in compliance with all standards which apply to the building at the time of licence issuance or renewal as prescribed by the Ontario Fire Code, 0. Reg. 388/97 and the inspection certificate from a Certified Technician has been provided to Ajax Fire and Emergency Services; (h) the building and subject property are in compliance with the Town's Property Standards By-law; - 83 - (i) if required, a change of use permit under the Building Code Act 1992, S.O. 1992, has been issued and any work required thereunder has been completed; (j) the lodging house complies with all the requirements of this By-law. 9.2 Where the Licensing Officer determines that a licence should not be issued as a result of any matter in Section 9.1 of this By-law he/she shall notify the applicant. 9.3 Where an applicant advises the Licensing Officer in writing, within 30 days, that he/she disputes the determination made by the Licensing Officer under Section 9.2 of this By- law or submits that the licence applied for should not be issued the matter shall be referred forthwith by the Licensing Officer to the Committee which shall hear the representations from the applicant. 9.4 The Committee may authorize the Licensing Officer to issue the Licence where it determines that the determination in Section 9.2 of this By-law is not sufficient to justify refusing the issuance of the licence. 9.5 The Licensing Officer shall advise the applicant of the Committee's determination. Suspension/Revocation 9.6 The Licensing Officer sha ll notify a licencee, that the licence shall be suspended or revo ked, when, (a) the Licensing Officer has cause to believe, on reasonable grounds, that the licencee will not carry on or engage in the business in accordance with the law or with honesty and integrity; (b) the licencee has been convicted of an offence which is a contravention of this By-law , or other legislation applicable to the operation of a lodging house; (d) the LicE;insing Officer has cause to believe that the licencee has failed to engage in business in accordance with the conditions imposed upon the licence; or ( e) the Licensing Officer believes that the initial licence was issued and ought not to have been issued. 9.7 Where a licencee advises the Licensing Officer, in writing and within thirty days that he/she disputes the suspension or revocation of the licence, the matter shall be referred forthwith, to the Committee, which shall hear representations from the licencee and either confirm the suspension or revocation of the licence or reinstate it as it sees fit. 9.8 The Licensing Officer shall advise the applicant of the Committee's determination. 9.9 Where the licencee does not dispute the suspension or revocation of the licence, within 30 days of the notification referred to in Section 9.6, the Licensing Officer shall forthwith suspend or revoke the Licence. Suspension Without Hearing 9.10 The Licensing Officer may suspend the licence of any lodging house for a period not to exceed 14 days, without a hearing , provided the Licensing Officer; (a) is satisfied that the continuation of the business poses an immediate danger to the health and safety of any person or property; and (b) has notified the licencee, either orally or in writing, prior to the suspension of the licence, with the reasons for the suspension and provided the licencee with an opportunity to respond. 9.11 When a licencee has been suspended in accordance with Section 9.11, the matter shall be referred forthwith, by the Licensing Officer, to the Committee, which shall hear representations from the licencee. 9.12 The Committee may; (a) reinstate the licence, with or without special conditions; - 84 - (b) suspend the licence for a specified period of time; and may impose conditions upon the licence; (c) revoke the licence. 10. CHANGE OF STATUS 10.1 Where there is any change in any of the particulars relating to a person licensed under this By-law, which particulars are required to be filed with the Town upon applying for a licence under this By-law, such person shall report the change, in writing, to the Licensing Officer within seven (7) days of the change. 10.2 In the event any of the changes referred to in section 10.1 affect the accuracy of the licence and the licence needs to be reissued, the licencee shall pay the fee contained within Schedule "A" for a replacement licence. This fee will also be paid in the event the original licence has been lost, stolen or destroyed and a replacement is issued. 10.3 Where there is to be a change in the members of a partnership licensed under this By- law, the person licensed hereunder in shall obtain the approval of the Licensing Officer to such change prior thereto. Where there has been any change in the controlling interest of the partnership by virtue of a number of transactions, the licence may be suspended despite the Licensing Officer's prior approval of any one or more such transactions. 10.4 Where there is to be a change in the composition of the shareholders of a corporation licenced under this By-law, the corporation shall obtain the approval of the Licensing Officer to such change prior thereto. 11. OFFENCE, PENAL TY AND ENFORCEMENT 11.1 Any person who contravenes the provisions of this By-law, including every person who fails to perform a duty imposed herein or who performs an act prohibited herein and every director or officer of a corporation who concurs in such a contravention is guilty of an offence and, upon conviction pursuant to the provisions of the Municipal Act (as amended), is liable to a penalty not to exceed $ 100,000.00. 11.2 The making of a false or intentionally misleading recital of fact, statement or representation in any agreement, statutory declaration or application form required by this By-law shall be deemed to be a contravention of the provisions of this By-law. 11 .3 Every person shall comply with the provisions of this by-law applicable to him/he r whether or not he/she is licensed under this By-law. 11.4 Every owner, person or licencee in respect of a lodging house shall make available for inspection by the Licensing Officer, a Police Officer, a Medical Officer of Health, or a Municipal Law Enforcement Officer the origina l of any document or record or licence referred to in this By-law. 11.5 Every owner, person or licencee in respect of a lodging house shall permit the entry and the inspection of the lodging house, property and buildings on the property, at any reasonable time by a Municipal Law Enforcement Officer, the Licensing Officer, a Medical Officer of Health or a Police Officer. 12. VALIDITY 12.1 The provisions of this By-law shall apply to all lands and premises within the Town of Ajax. 12.2 Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed here from and the remainder of the By-law shall continue in full force and effect. 12.3 All schedules referred to in th is By-law are deemed to be part of this By-law. 12.4 Wherever notice or materials are required to be provided to any person pu rsuant to this By-law, such notice shall be deemed effective two (2) days after mailing of the materials by registered mail to the last known address of that person as indicated upon the licence application or upon other material filed with the Town. - 85 - 12.5 If there is a conflict between a provision of this By-law and a provision of any other Town By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. · READ a first and second time th is Ninth Day of December 2013. READ a third time and passed this Ninth Day of December 2013. Mayor Clerk - 86 - SCHEDULE "A" BY-LAW 115-2013 Being a By-law for the Licencing and Regulating of Lodging Houses. Licence Fee LodQinq House Licence $100.00 Additional Services Fee Uodated Lodaina House Licence $10.00 Replacement Licence $10.00 - 87 - From: Michlynn Walton <revmichlynn@gmail.com> Date: 2022-06-19 5:08 p.m. (GMT-05:00) To: Mayor Web Email <mayor@pickering.ca>, "Brenner, Maurice, Councillor" <mbrenner@pickering.ca>, "McLean, Bill, Councillor" <bmclean@pickering.ca>, "Ashe, Kevin, Councillor" <kashe@pickering.ca>, "Butt, Shaheen, Councillor" <sbutt@pickering.ca>, "Jadoon, Fiaz" <fjadoon@pickering.ca>, "Pickles, David, Councillor" <dpickles@pickering.ca>, "Doody-Hamilton, Christine, Councillor" <cdoody-hamilton@pickering.ca>, Jennifer.OConnell@parl.gc.ca, "Thompson, Kim D." <kthompson@pickering.ca>, peter.bethlenfalvyco@pc.ola.org, chair@durham.ca, Clerks Web Email <clerks@pickering.ca> Subject: Immediate Implementation of Business Improvement Measures On May 4th 2013 Granddads Ice Cream Parlour opened in honour of my father Paul Culver. We are a family owned and operated business who prides ourselves in offering our community and visitors a memorable summer experience. Over the years Granddads has also been pivotal in a variety of community events, food banks and creating outreach programs for The City of Pickering. Our family has also purchased a memorial bench In my Father's name for ALL to enjoy. On a side note my mother and my children must now pay parking to come visit Granddads bench as they live outside of Pickering. The businesses in the Nautical Village have just come out of two grueling years of shut downs and Covid restrictions. We were excited for a fresh start, welcoming our new businesses and the opportunity to get back on track. In a few short weeks the new parking restrictions have drastically impacted revenue. Some of our businesses have seen drops of 75 to 80% in sales. We have lost customers due to them receiving $75 tickets. We will not survive if these restrictions continue as they are. As a small business, and on behalf of other small businesses located in the Nautical Village, we are requesting to be designated a BIA and are seeking assistance from the City of Pickering to enable us to overcome the economic hardships caused by the implementation of the Waterfront Permit Parking program. Business Improvement Areas (BIAs) are defined areas where businesses contribute to enhancements within the area boundaries. BIAs provide additional services such as street beautification, branding, marketing and seasonal improvements. Such services are supplemental to those provided by The City of Pickering. BIAs help strengthen commercial areas and raise the profile of local destinations in city. Now therefore it be resolved that the Nautical Village be designated as a Business Improvement Area and immediate steps be taken to implement a validation system to enable customers/clients of all businesses operating in the Nautical village to park for free. Regards Rev Michlynn Walton Owner/Operator Granddads Ice Cream Parlour Corr. 27-22 - 88 - Corr. 28-22 - 89 - - 90 - - 91 - Memo To: Mayor and June 22, 2022 Members of Council From: Elizabeth Martelluzzi Senior Planner, Development Review & Heritage Copy: Chief Administrative Officer Directors Chief Planner Subject: Heritage Pickering Advisory Committee 2021 Year End Report and 2022 Workplan The Heritage Pickering Advisory Committee (Heritage Pickering) is pleased to present its 2021 accomplishments and 2022 Workplan. Heritage Pickering held five meetings in 2021 and the following tasks were completed: 2021 Accomplishments Heritage Permit Review and Approval under Part IV and Part V of the Ontario Heritage Act •Reviewed and approved a major heritage permit for alterations on a property designated under Part IV of the Ontario Heritage Act (560 Park Crescent). •Reviewed and approved a major heritage permit for a property located within Whitevale Heritage Conservation District (472 Churchwin Street). •Received information from staff regarding 7 minor heritage permits, approved with Delegated Authority by the Director of City Development Department in 2021, located at: 3215 North Road, 3250 Sideline 28, 452 Churchwin Street, 437 Churchwin Street, 3180 Byron Street, 1505 Whitevale Road, and 3215 North Road. Advising Council on Listing or Designation of Heritage Property •As a result of previous recommendations of Heritage Pickering, Council listed 3 properties on the City of Pickering Municipal Heritage Register in 2021, including 1 Evelyn Avenue, 401 Kingston Road and 301 Kingston Road. Consultation and comment of Planning Applications & Infrastructure Projects •Received information regarding the Durham-Scarborough Bus Rapid Transit project. Provided input and shared questions and comments with Metrolinx and its consulting project managers to ensure minimal impact on existing heritage buildings located on Kingston Road. •Received information regarding applications for Official Plan Amendment and Zoning Corr. 29-22 - 92 - June 22, 2022 Page 2 of 3 2021 Year End Report and 2022 Workplan By-law Amendment (OPA 20 008/P and A 13/20) for a proposed development at 1970 Brock Road, which is designated under Part IV of the Ontario Heritage Act (known as the Post Manor). Heritage Pickering provided comments that the Post Manor is a local landmark and that the relationship between the building and the Post Cemetery should be maintained. Advising and Assisting with the development of Cultural Heritage Guidelines and Policies •Created a Terms of Reference document for Heritage Impact Assessments in consultation with staff and a heritage consultant. This document is now available and will ensure that heritage studies will include necessary information that is important to staff, Heritage Pickering, and the City of Pickering, to make informed recommendations or decisions. 2022 Workplan •Provide a plaque to the Brougham Union Lodge (Claremont Masonic Hall) on its 150th Anniversary •Work collaboratively with the applicant for the proposed development of the Barber House, as part of a Draft Plan of Subdivision and a Zoning By-law Amendment Application (SP-2020-02 and A 10/20), located at 450 Finch Avenue. •Continue to provide input for the Whitevale Master Drainage Project, and ensure that it meets the intent of the Whitevale Heritage Conservation District Guidelines. •Continue to provide input as part of the ongoing consultation for Durham Bus Rapid Transit (BRT), specifically that impacts to heritage properties are mitigated. •Continue to review Heritage Permit applications for properties located in the Whitevale Heritage Conservation District, and for individually designated properties. •Continue to provide recommendations regarding heritage lots in Seaton and pursue designation opportunities. •Continue to provide comments on development applications for properties that are located in or adjacent to the Whitevale Heritage Conservation District, designated and listed properties, or properties with potential significant resources. •Continue to identify, and conduct background research, for properties that exhibit potential heritage significance. •Prepare required materials for Council’s consideration for properties recommended to be designated under Part IV of the Ontario Heritage Act. •Continue to identify and pursue training opportunities to expand knowledge and information on Heritage related news, resources, and legislation to Committee members, Council and staff. •Encourage the development of a publicly accessible heritage mapping tool. - 93 - June 22, 2022 Page 3 of 3 2021 Year End Report and 2022 Workplan Submitted on behalf of the Heritage Pickering Advisory Committee: Current Membership: Sherry Croteau Jennifer Dempsey David Fellin Jed Irwin Emil John Asim Khan Richard Smiles Charles Sopher EM:nr \\Fs\planning\Documents\Administration\A-3300 Historical Heritage Conservation\Workplans\2022\2022 Heritage Pickering Advisory Committee Work Plan.docx - 94 - PJ(KERJNG Report to Council Report Number: CAO 09-22 Date: June 27, 2022 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Employment Land Strategy Review -File: A-1440 Recommendation: 1.It is recommended that the Employment Land Strategy Review submitted by Dillon Consulting Limited and Lorius and Associates, set out in Attachment 1 of this Report, be received; 2.That the Employment Land Strategy Review dated June 2022, be endorsed in principle; 3.That staff be directed to investigate and implement the recommendations outlined in the Employment Land Strategy Review; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: At the Council meeting of May 24, 2022, staff brought Report CAO 07-22 to provide an update on the Employment Land Strategy Review and to seek feedback from Council on the preliminary recommendations set out therein (Resolution #906/22). In 2021, Economic Development & Strategic Projects and City Development staff retained Dillon Consulting Limited and Lorius and Associates to conduct a land use review of employment lands across City of Pickering with a focus on Seaton Employment Lands (also referred to as the Innovation Corridor). The purpose of the study was to review the land uses, and report on key findings associated with employment-related growth management issues and opportunities for the City of Pickering. The study included stakeholder consultations with the Region of Durham, the Ministry of Municipal Affairs and Housing (MMAH), and the Seaton Landowners Group. A copy of the City of Pickering Employment Land Strategy Review, dated June 2022, is provided as Attachment 1 to this Report. The policies of the Central Pickering Development Plan (CPDP) have an aggressive target for employment within the Seaton Employment Lands. Achieving the target of 18,800 jobs in Seaton on these employment lands will require significant major office development. The remaining 11,700 jobs target is attributed to populated -related employment in Seaton. Since the approval of the CPDP in 2006, and extension of services to the Seaton Employment Lands, there has been little interest in standalone office development. In fact, the current Growth Plan now directs major office development to strategic growth areas, with higher order transit. - 95 - June 27, 2022 CAO 09-22 Subject: Employment Land Strategy Review Page 2 In order to protect the high employment target, many uses that are more land extensive (requiring outdoor storage), or low job generating uses (such as logistics) are not permissible. The CPDP indicates that the goals, objectives, policies, and accompanying schedules, shall be reviewed by MMAH every five years. The CPDP was last reviewed and amended in 2012, but the amendment did not examine or revise land uses for the employment areas. The Employment Lands Strategy Review (ELSR) Report, as set out in Attachment 1, identifies three options for consideration. The options include: 1.requesting the Minister of Municipal Affairs and Housing to amend the CPDP to permit a broader range of employment uses; 2.requesting a Minister’s Zoning Order for the Seaton Employment Lands that permits a broader range of employment uses; and 3.amending the Pickering Official Plan (and zoning) to establish a target-based policy framework. A target-based approach would specify the conditions or performance characteristics under which the broader range of uses would be permitted. Consistent with Options 1 & 3 above, the recommendation outlined in the ELSR Report is to commence the process to amend the CPDP, and concurrently, amend the Pickering Official Plan to establish a target-based policy framework that would allow a broader range of uses, while maintaining conformity with the CPDP. In conjunction with the findings of the ELSR Report, staff recommend Council endorse the Employment Land Strategy Review in principle. Upon authorization, staff will investigate the next steps including, but not limited to, engagement with regional and provincial governments, fiscal impact on regional development charges, identification of performance targets, and reviewing zoning by-law options. Staff will report back to Council on the progress of the implementation of the recommendation. Financial Implications: Not applicable to this report. Discussion: Dillon Consulting Limited and Lorius and Associates, have been retained to undertake a study to review and assess constraints and opportunities for future employment growth on designated employment lands throughout the City, and in Seaton particular ly. The purpose of the report is to review current employment area zoning and policies, and recommend changes, as necessary. The policies of the CPDP indicate that the goals, objectives, policies and accompanying schedules shall be reviewed every five years by the Minister of Municipal Affairs and Housing. The purpose of the review is to assess the relevance and currency of the plan, including the scope of coverage of the Development Planning Area, in light of the changing market, demographic, social, environmental, and economic conditions within Central Pickering and the Greater Toronto Area. The last CPDP amendment was nearly 10 years ago, and it did not examine land uses for the Employment Lands. The amendment, among other matters, sought - 96 - June 27, 2022 CAO 09-22 Subject: Employment Land Strategy Review Page 3 to clarify the population and employment forecasts in the Central Pickerin g Development Plan, and the intent that these forecasts are to be used for the purposes of planning to 2031. The ELSR Report also provides a breakdown of the required employment density to achieve the current targets for Seaton, which anticipates that the Seaton lands capture 50 percent of the regional urban employment area major office employment. Under this first scenario, in order to achieve the forecast target of 18,800 jobs on Seaton Employment Lands, the overall density that would need to be achieved in Seaton is 74 jobs per hectare. This density is high , relative to many other competing employment areas in the GTHA . Achieving this density would likely need to include a substantial component of campus-style integrated industrial, office, or other multi-purpose development, which are somewhat higher in density than logistics. The second scenario analysis illustrates the employment yield on the Seaton lands under a somewhat less optimistic set of expectations for major office growth and employment land job density. It anticipates that the Seaton lands accommodate a reduced share of the total Regional office forecast (30 percent as opposed to 50 percent). Employment land job yields are estimated at the average foreca st density of 32 jobs per net hectares. At the Regional average office forecast density of 32 jobs per net ha, the resulting employment land yiel ds are approximately 7,500 jobs to 2031. Overall employment yields under Scenario 2 are approximately 10,480 jobs at full development. In order to implement considerations in Scenario 2, an amendment to the CPDP would be required to reduce the overall job targets from 1 job per 2 residents to a more realistic number that reflects the current economic context. Based on the findings of the study, it is recommended that action be taken to address the gaps and revise the vision for Seaton Employment Lands. At the present time, the Region is required, through the Municipal Comprehensive Review (MCR) of its Official Plan, to allocate sufficient jobs to Seaton to implement the current CPDP requirements. Based on consultation conducted to-date, there appears to be agreement that the targets and vision of the CPDP are outdated and overdue for review. There are a number of options the City can consider in order to foster an environment that is better able to respond to the economic and market conditions and realities of today. The first option for consideration is to request to amend the CPDP. The last amendment to the CPDP occurred in 2012 -nearly 10 years ago. With the policy direction in the CPDP indicating it should be reviewed in 5-year intervals, this review needs to be expedited. However, preliminary discussions with the Province indicate that they would not be in a position to review the CPDP in the near future. As noted above, this poses a challenge in that the Region will be required to carry the numbers and targets of the CPDP as part of their current L and Needs Assessment and MCR process, resulting in an underestimation of the amount of new Employment Land is needed in the Region. MCRs are required to be completed every 10 years. In advance of the next Regional MCR, it would also be beneficial for the Province, Region and City to work together to prepare a draft updated CPDP foundatio nal study to inform the formal update of the CPDP. A potential outcome from reviewing the CPDP could be to request that the CPDP be repealed in its entirety, allowing the policies of the Provincial Growth Plan, the Durham Regional Official - 97 - June 27, 2022 CAO 09-22 Subject: Employment Land Strategy Review Page 4 Plan and City’s Official Plan to dictate growth in Seaton. This option was brought forward during the City’s stakeholder consultation, and also raised at the May 2022 Council meeting. Official Plan Amendment 22, which implemented policies in the Pickering Official Plan to reflect the CPDP, coupled with the Seaton Zoning Bylaw, are a more recent and comprehensive planning framework to facilitate both residential and employment growth in Seaton . If the CPDP were revoked, the City could revise its Official Plan policies and zoning by-law to reflect current market demand. The second option is to request a Minister’s Zoning Order (MZO) for the Seaton Employment Lands. The Minister of Municipal Affairs and Housing has the authority to make a (Zoning) Order to govern land uses with areas subject to the Order. The MZO would set specific requirements for new development and can be used to control land use in any area of the province, regardless of the underlying, regional or local municipal official plan designation. There is no set process for requesting a MZO, and they are issued by the Minister at their discretion. This could be in the form of a Council resolution and request in writing. A MZO could be used to expand the range of permitted uses, zoning requirements and, potentially, targets associated with certain lands in the Seaton Employment Area. Recognizing the time constraints for a formal review and update of the CPDP, a third potential option for the City to explore would be to amend the City’s Official Plan to introduce policies that could open the door for considering some opportunities for employment uses that are currently not permitted, where it can demonstrate a set of established criteria can be met. Of course, the amendments would still be required to comply with the CPDP. Based on the findings, the ELSR recommends that a hybrid of commencing the process to amend the CPDP, and concurrently amending the City’s Official Plan be implemented. It will be critically important for the Province, Region and City to work together. The City should take the lead, and work with the Region to complete a foundational study to inform the CPDP update . Additionally, while the CPDP is being updated, the City should prepare an interim Official Plan Amendment (OPA) to set in place a more flexible policy framework that continues to comply with the CPDP. Introducing some new policies through an OPA at the local level, would provide that interim relief while the CPDP is updated to align with other Provincial plans and policies, and to better reflect current market conditions. Ongoing discussions with both the Province and the Region should continue in order to advance this. Staff recommend endorsing the findings and recommendations within the report in principle. Staff will investigate the next steps, including but not limited to, engagement with regional and provincial governments, impact on regional development charges, identifying specific performance targets, and reviewing zoning by-law options. All efforts will be considered within the context of a joint/partnership effort between the Province, Region and the City. Attachments: 1.Employment Land Strategy Review - 98 - June 27, 2022 CAO 09-22 Subject: Employment Land Strategy Review Page 5 Prepared By: Original Signed By: Approved/Endorsed By: Original Signed By: Laraib Arshad Senior Economic Development Officer Fiaz Jadoon, Ec.D., CEcD, MPM Director, Economic Development & Strategic Projects Original Signed By: Catherine Rose Chief Planner, City Development LA:la Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 99 - Attachment #1 to Report CAO 09-22 City of Pickering Employment Land Strategy Review Final Report June 2022 Dillon Consulting Limited and Lorius and Associates - 100 - Table of Contents 1.0 Introduction 4 1.1 Report Purpose & Process ........................................................................................... 4 1.2 Organization of Report ................................................................................................ 6 2.0 Economic Context 7 2.1 Overview of Pickering Economy and Employment Base ............................................. 7 2.2 Key Trends & Targets ................................................................................................... 8 2.3 Regional Employment Forecast 2021 -2051 ............................................................. 10 2.4 Summary and Takeaways .......................................................................................... 14 3.0 Policy & Regulatory Context 15 3.1 Provincial Policy ......................................................................................................... 15 3.2 Regional Policy Context ............................................................................................. 23 3.3 Local Policy and Regulatory Context.......................................................................... 31 3.4 Past Studies Completed for the City .......................................................................... 55 3.5 Summary of Policy Context and Gaps ........................................................................ 63 4.0 Trends in Employment Land Development 65 4.1 Economic Trends in Relation to COVID-19 ................................................................ 65 4.2 Trends in Land Use and Building Space ..................................................................... 67 4.3 Growth Trends and Observations .............................................................................. 71 4.4 Summary of Observations ......................................................................................... 77 5.0 Demand and Supply Analysis 79 5.1 Employment Growth Outlook by Type ...................................................................... 79 5.2 Market Characteristics and Competitiveness: How Well Suited is Pickering to Compete for New $?.................................................................................................. 80 5.3 Land Need: How much Land is Required to Accommodate Growth? ....................... 81 5.4 Land Supply Profile .................................................................................................... 89 6.0 Summary of Land Use Challenges and Opportunities 100 6.1 The original plan for Seaton’s employment lands has not been reassessed since its’ inception nearly 15 years ago ............................................................................ 100 6.2 Options for Consideration ....................................................................................... 102 6.3 Recommendations and Conclusion ......................................................................... 106 List of Figures Figure 2-1: Employment Activity, 2001-2051 (Source: Regional GMS Employment Strategy, Figure 7-1) ......................................................................................................................................... 12 Figure 3-1: City of Pickering Urban System ............................................................................................. 33 Figure 3-2: South Pickering Urban Area Neighbourhoods ...................................................................... 35 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 101 - Figure 3-3: Seaton Urban Area Neighbourhoods .................................................................................... 36 Figure 3-4: Proposed Land Use Concept for Seaton Employment Lands (Source: Hemson Figure 4-3: Blume Canada Automated Warehouse with Showroom and Training Centre Figure 4-5: Durham Region Non-residential Development by Major Sector (2011-2019) (Source: Figure 4-6: Employment Land Absorption 2011 – 2019 (Source: Durham Growth Management Figure 5-1: Durham Region Forecast of Employment by Type (2011-2019) (Source: Durham Figure 5-2: Preliminary Forecast by type and Policy Area (Regional GMS – Employment Strategy Consulting Ltd, 2007) ............................................................................................................. 59 Figure 3-5: Seaton Area Servicing System Plan (Source: Hemson Consulting Ltd, 2015) ....................... 62 Figure 4-1: IRONWORKS Mixed-use Commercial Industrial Development (Vancouver, BC) .................. 70 Figure 4-2: Amazon Warehouse, Logistics, and Delivery Facility (Cambridge, ON) ................................ 70 (Mississauaga, ON)................................................................................................................. 71 Figure 4-4: Durham Region Non-residential Development by Major Sector (2011-2019) ..................... 73 Durham Growth Management Study: Land Needs Analysis) ................................................ 75 Study: Land Needs Analysis) .................................................................................................. 76 Growth Management Study: Land Needs Analysis) .............................................................. 80 Technical Report, 2021) ......................................................................................................... 83 Figure 5-3: Summary of Region Wide Employment Area Land Needs to 2051....................................... 83 Figure 5-4: Regional Employment Areas by OP Land Use Designation ................................................... 91 Figure 5-5: Regional Employment Areas by Development Status........................................................... 92 List of Tables Table 3-1: 2031 Population & Employment Growth Forecasts by Seaton Urban Area Neighbourhood ...................................................................................................................... 37 Table 3-2: City of Pickering Employment Area Land Use Permissions .................................................... 40 Table 3-3: City of Pickering Employment Zone Provisions ...................................................................... 48 Table 4-1: Summary of Non-Residential Development Activity by Major Sector ................................... 71 Table 5-1: Summary of Estimated Absorption to 2051 ........................................................................... 86 Table 5-2: Summary of Assumed Demand for Urban Municipalities ...................................................... 87 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 102 - Table 5-3: Summary Updated Absorption Rates Compared with Prior Absorption Estimates from 2007/2015 Hemson Reports .................................................................................................. 88 Table 5-4: Land Areas for Calculation ...................................................................................................... 95 Table 5-5: Estimated Density Required to Achieve in force Employment Targets ................................. 96 Table 5-6: Estimated Development Yields at Lower Employment Density ............................................. 97 Table 1: City of Pickering Designated Employment Lands by Status..................................................... 114 Table 2: Seaton Lands Designated Employment Lands by Status ......................................................... 114 Table 3: City of Pickering Vacant Employment Land Supply ................................................................. 114 Table 4: City of Pickering-Seaton Lands Vacant Employment Land Supply.......................................... 115 Table 5: City of Pickering Vacant Employment Land Supply by Parcel Size .......................................... 115 Table 6: Seaton Vacant Employment Land Supply by Parcel Size ......................................................... 115 Table 7: City of Pickering Occupied Employment Land Analysis ........................................................... 116 Table 8: City of Pickering Underutilized Employment Land Analysis .................................................... 116 Table 9: Seaton Underutilized Employment Land Analysis ................................................................... 116 Table 10: City of Pickering Constrained Employment Lands Analysis ................................................... 117 Table 11: Seaton Constrained Employment Lands Analysis .................................................................. 117 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 103 - 4 1.0 Introduction 1.1 Report Purpose & Process Over the next three decades, the employment base in Durham Region is forecast to grow significantly, increasing from an estimated 242,000 jobs in 2021 to 460,000 jobs in 2051, in accordance with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended in 2020 (Growth Plan). In the City of Pickering, on the Seaton Lands, additional employment forecasts are set out in the Central Pickering Development Plan (CPDP), which is a provincial plan that establishes an ambitious target of 30,500 jobs by 2031, 18,800 of which must be provided on the Seaton Employment lands; and, 35,000 jobs over the longer term. The CPDP also includes a requirement that approximately one job for every two residents be provided in Seaton. The Growth Plan forecasts that must be used (at a minimum) for long-range planning: the use of lower-forecasts is not permitted and not relevant for conformity purposes; and, revisions to the targets set out in the CPDP cannot be made without an amendment to that Plan by the Province. Achieving the Growth Plan forecasts and CPDP targets will require approximately double the Region’s historic employment growth rate and is considered “aspirational” from a growth management perspective.1 The City of Pickering is expected to play a significant role in accommodating future employment growth, especially on the Seaton Employment Area lands which are extremely well-suited to accommodate new business investment over the period to 2051. Durham Region, as an upper tier municipality is responsible for distributing both employment and population growth to lower tier municipalities. As required by the Province, Durham Region is currently in the process of completing the necessary background work as part of the Municipal Comprehensive Review/ Growth Management Strategy (MCR/ GMS) to establish a long term vision for growth for the Region to the 2051 planning horizon2 . As part of the Region’s MCR, an examination of population and employment growth projections and a Land Needs Analysis forms the basis for long range planning for the Region and the lower-tier municipalities. 1 Employment Strategy Technical Report -Chapter 3 of the Region of Durham Growth Management Study: Land Needs Analysis (September 2021) prepared by Watson and Associates Economists Limited and Urban Strategies inc. (page 66) 2 In the absence of knowing the outcome of the Region’s MCR process and preferred growth scenario, it is important to note that this review and associated recommendations represent a snapshot in time and do not consider implications of potential urban boundary expansions for employment uses. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 104 - 5 Following the completion of the Region’s MCR/ GMS, local municipalities will need to undertake a similar exercise at the local level in order to implement Regional policies, including specific allocations for both people and jobs to the 2051 planning horizon. Given the changes in both the global and local economies, as well as updates to the land use planning framework in Ontario, a review of the current employment area zones and policies of the employment lands in Pickering is required to ensure the City’s continued economic success within the regional employment land market. It should also be noted that the study was prepared during the COVID 19 Pandemic, which is having severe and far far-reaching global economic impacts. All economic sectors have been affected, some more so than others, and the full extent of the pandemic’s social and economic impact is yet to be seen. Of particular relevance to this assignment, the pandemic has accelerated many of the key factors driving demand for employment land, especially in the warehousing and distribution sector. The outlook for economic intensification has also improved for some locations, including “last mile” distribution solutions and “hybrid” industrial/office work models in older and more mature employment areas. To accommodate the significant forecast of employment growth within the Region’s economic base, land use planning and economic development strategies will need to take advantage of the evolving nature of the local and regional economies, and meet the market requirements of all types of industry and businesses of all sizes over the long term. Accordingly, Dillon Consulting Limited (Dillon) and Lorius and Associates (Lorius) have been retained by the City of Pickering to undertake a study to review and assess constraints and opportunities for future employment growth on designated employment lands throughout the City, and in the Seaton area in particular. The purpose of this Report is to review current employment area zones and policies and recommend changes, as necessary, as input to the official plan updates. This report builds upon the findings and recommendations of past studies completed by the City for the Seaton Lands; considers the findings and recommendations of the Region’s recently completed Employment Lands Strategy; assesses employment in the broadest context at the local level through a policy review and land supply analysis; examines current and evolving employment trends; assesses the capacity for the City to accommodate future employment growth; and, recommends key policy and regulatory changes to be considered as part of the local Official Plan Conformity Exercise and implementing zoning by-law in order to best position the City for long-term economic success. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 105 - 6 The findings of the analysis are intended to provide input to the City’s official plan review as well as the current Regional Growth Management Strategy (GMS) process, especially the allocations of forecast population and employment growth to the local area municipalities. For the City of Pickering, the allocation of employment growth in particular depends almost entirely on the targets assigned to the Seaton Employment Area lands, including the “Innovation Corridor” and additional lands to the east in Thompsons Corners. The City’s existing employment area land supply is largely built-out, with very limited opportunities to accommodate growth on the greenfield land supply. The extension of the Region’s MCR/ GMS process provides an opportunity for the City to use the findings of this Study to engage in discussions and provide input to the Region with respect to the appropriate employment allocations; and, ultimately translate into new policies at the local level when the City conducts the required lower-tier conformity exercise to implement the outcomes of the Regional GMS process. 1.2 Organization of Report The purpose of this Report is to document the key findings associated with our review of employment-related growth management issues and opportunities for the City of Pickering. This report is organized into the following sections: • Section 2.0 provides details about the economy and current employment trends in Pickering, with a look at the employment forecasts to 2051; • Section 3.0 provides an overview of the policy and regulatory documents that inform the planning of employment lands development; • Section 4.0 outlines the economic trends pertaining to the development of employment lands; • Section 5.0 provides a demand and supply analysis of employment lands in the City of Pickering; • Section 6.0 summarizes the challenges and opportunities available to Pickering with respect to employment lands and economic development and identifies next steps for the City to take action on. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 106 - 7 2.0 Economic Context 2.1 Overview of Pickering Economy and Employment Base The City of Pickering is strategically located within the rapidly growing GTAH and GGH metropolitan area at the western edge of Durham Region abutting the Cities of Toronto and Markham. Excellent transportation access and proximity to central GTAH markets in Toronto and Markham bode well for the future growth outlook for both population and employment. The structure of employment has remained fairly consistent over time. Retail trade, utilities and manufacturing jobs maintaining the largest share of employment, although the relative share of utilities has been declining since 2011, and the share of manufacturing appears to have stabilized and increased gradually3. In terms of specific employment sectors, the energy sector is a stand out: it is home to one of two Power Generation facilities in Durham Region, the epicentre of Ontario’s power generation and most well-developed energy cluster. The Regional economy comprises a number of diverse industries including manufacturing, engineering, research and development and power generation that are supported by a well-established energy innovation cluster that provides synergies to increase productivity, drive innovation and encourage new investment. The structure of employment in Pickering is explained in large part by the presence of the OPG Nuclear Facility, currently the largest employer in the City. OPG has acted as the catalyst for the development of a supply chain of associated manufacturing activity and other professional services. The Pickering OPG facility is set to be decommissioned beginning in 2025, which will have long-term implications for the City’s economy and employment base. This presents both opportunities and challenges as the local and regional economy evolves. In anticipation of this, the City is undertaking an Environment, Social and Financial study to better understand these opportunities and challenges. Potential job losses at OPG, however, will be more than offset by the development of the Seaton Employment Lands in Central Pickering that are widely anticipated to develop into one of the largest and most successful prestige employment areas in the GGH over the longer-term. 3 This information is based on 2016 Census data.2021 Census data would shed further light on these trends; however, it is anticipated that this trend has continued since the last Census period. The City may want to revisit this toward the end of 2022 when the 2021 Census employment results are released. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 107 - 8 Momentum is already building in emerging creative technologies, such as Artificial Intelligence (AI) robotics virtual reality to support film and media, and is now home to the largest film/television backlot in Canada. The City’s Cultural Strategic Plan calls for the integration of cultural and economic planning related to growing the creative economy and increasing the number of creative cultural industries in Pickering. This strategy further gives specific direction for the City to become a leader in culture led economic development. The creative technologies sector remains an important area of focus and the community continues to work to deepen the strength of the local and regional film industry, and broader synergies with the creative economy. The Seaton community and surrounding market area is also anticipated to be of major economic significance over the long-term, with the potential to enhance development potential in the GTHA east market. Lands immediately north of the Seaton Lands are owned by the Federal Government and have been identified as a future airport site. The specific timing remains uncertain. However, should an airport facility be established on these lands, there may be implications for the types of uses accommodated within the Seaton community over the longer-term. 2.2 Key Trends & Targets In terms of trends, the big picture story for the GGH and GTAH is one of continued strong economic performance. The GGH and GTAH continue to be one of the fastest growing urban areas in Canada and the United States, driven primarily by international migration. Within this context, a number of key trends are of note: 2.2.1 Sectoral Composition Continues Shift to Services Broadly, the structure of employment overall in the Toronto Economic Region continues to shift from the goods-producing to the services sector, especially professional services, technology and the Creative industries. This shift has been most visible in the surge of major office construction in downtown Toronto, but is also emerging in an integrated zone of employment areas referred as the “Innovation Corridor”, stretching across the GTHA from Durham Region in the east to the Cities of Hamilton and Guelph and beyond to communities in Waterloo Region to the west. 2.2.2 Digital Disruption Creating New Models of Working Accompanying the shift of employment towards services has been rapid growth in the “Digital Economy”, which has given rise to new models of work especially remote work, automation and City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 108 - 9 AI. As a result, all sectors of the economy are at risk of disruption but especially: Accommodation and food services (NAICS 72); Manufacturing (NAICS 31-33); Agriculture (NAICS 11); and Transportation and warehousing (NAICS 48-49).4 Uncertainty over the employment impacts of these new work models make it challenging to predict short-term land requirements. However, what is clear is that demand for employment area lands has remained particularly strong, especially for large greenfield sites with superior highway transportation access to accommodate growth in warehousing and distribution activities. As noted, the outlook for economic intensification in older employment areas has also improved, especially for smaller-scale facilities to meet local distribution needs and “bring supply chains home” to address weaknesses revealed by COVID. 2.2.3 Built forms and Land Use is Evolving to Accommodate New Work Models The evolution of employment and technology adoption has been driving changes in land use, built form and locational preference for many years. The Logistics and Distribution sector in particular has been performing well, driven by structural shifts in the economy towards on-line retailing and other e-commerce platforms, a trend that has been significantly accelerated by the COVID-19 Pandemic. New industrial buildings are trending towards larger, more land extensive and lower employment densities than compared to buildings 10 or 15 years ago. The increased mixing of work activities, office sharing, and automation have also been changing the way office space is being used. “Offices” are increasingly occupying non-office forms: “flex space”: co-working; and industrial multiples. Changes in the sectoral composition of employment are also blurring the lines between traditional industrial and office use with implications for density and land use within employment areas, which is discussed in more detail in Section 4.0 of this Report. 2.2.4 Considerable Long-Term Opportunities Exist The COVID-19 pandemic has accelerated many existing trends in built form, as demand for logistics surges and hybrid office and industrial models continue to evolve in response to the changing needs of workers and businesses in a post COVID-19 environment. Overall, the outlook for employment lands is positive for both new greenfield and older urban infill sites, which 4 NAICS refers to “North American Industry Classification System (NAICS). Additional detail on the sectors expected to be most affected by automation can be found in the June 2016, the Brookfield Institute for Innovation and Entrepreneurship at Ryerson University report: The Talented Mr. Robot: the impact of automation on Canada’s workforce City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 109 - 10 bodes very for employment intensification and revitalization over time. Considerable long-term economic opportunities exist for Pickering within this context, particularly related to new and renewable energy technologies, alternative fuels including “Clean Energy”, manufacturing components and systems and service support. According to the Region of Durham, key economic sectors include Advanced Manufacturing, ICT, and Energy, Environmental and Engineering businesses referred to as the “EN3” sector”. Local businesses that fall into this sector include Intellimeter Canada Inc, Kinetrics RCM Canada and many others. OPG has historically also been a major player in the EN3 Sector and will continue to drive future business opportunities through the decommissioning process. The City’s website provides a more detailed list of additional businesses in the EN3 Sector. The City’s key target sectors have been well-established and remain major opportunities to compete for new investment, as confirmed in recent work prepared for the Seaton Employment lands5. Other long-term opportunities include continued strong growth in Technology-related and Creative Sectors on a metro-wide basis, which bodes well for emerging sectors in Pickering including the creative economy (e.g. the backlot studio, Durham Live and the Performing Arts Centre6), digital and other media technologies. There are also a number of opportunities associated with decommissioning of the OPG Pickering facility – in 2020 the Centre for Nuclear Sustainability was launched with a goal to make Canada a world leader in decommissioning including solutions for materials, developing tooling for nuclear decommissioning and creating high-skill jobs. 2.3 Regional Employment Forecast 2021 -2051 Notwithstanding the current COVID-19 Pandemic, the long-term growth outlook remains for continued strong economic performance. The GGH and GTHA will remain very attractive to newcomers, especially international migration that is the primary driver of population growth. Growth in the resident labour force will continue to support economic expansion and demand for new building space to accommodate all types of employment uses. 5 Pickering Innovation Corridor Sector Analysis for Seaton Employment Lands, MDB Insight, 2016 6 The City Centre project is presently delayed City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 110 - 11 2.3.1 Significant Acceleration of Growth Envisioned for Durham Region Historically, Durham Region and the City of Pickering have lagged behind somewhat on forecasted employment growth relative to the broader economic region, in part because of the unexpected delay in the development of the Seaton lands. However, as noted, the Growth Plan forecasts anticipate a significant acceleration of growth over the period to 2051, approximately double historic growth rates as illustrated in Figure 2-1. The growth forecast is driven, in part, by the evolving regional land supply situation, as the more mature employment areas in the GTHA build-out and demand moves further afield. Current industrial vacancy and available rates remain at historical lows: averaging under 1.0% for the Region of Durham (GTA East) and GTA market overall.7 There has been clear evidence of this trend occurring in communities to the west in the GTHA for example in Peel and Halton Regions, and has more recently started to emerge in the City of Hamiton. There are also signs of the industrial market accelerating in the GTA East., including the Region of Durham and Seaton Employment lands. Planned infrastructure investments will facilities continued expansion of the market into Durham, especially the extension of Provincial 400-series highways, GO transit and post-secondary institutions throughout the community. 7 Colliers Toronto Industrial Market Report Q4 20210 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 111 - C Q) E >, 0 0.. E w Cil ~ 500000 400000 300000 200000 190 ,000 100000 0 200 1 273 ,000 223 600 238,400 242 ,000 211,300 212 000 ' 2006 20 11 2016 20 19 -Historical 2021 2026 Year c::::J Forecast Not e: Emp loyme nt act ivi ty ra te is based on popu lation including the net Census und ercount. 307 ,000 2031 375 ,000 341 ,000 2036 2041 -Activity Rate Sourc e: 200 1 to 2016 deriv ed from Statist ics Canada Place of Work data. 2016 to 2051 for ecas t by Watson & As soci ates Econom ists Ltd . 2051 tota l emp loyment confo rms to A Pl ace to Grow. Growt h Plan for th e Grea te r Go lden Hors eshoe . Offic e Con solidation. Augus t 2020 . 460 ,000 416 ,000 2046 2051 50% 45 % 2 Cil 0::: >, ..... ·5 ..... () 40 % '.:: C Q) E >, 0 0.. E 35 % w 30 % 12 Figure 2-1: Employment Activity, 2001-2051 (Source: Regional GMS Employment Strategy, Figure 7-1) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 112 - 13 2.3.2 Important Policy-based Goals are Embedded in the Forecast The employment forecast for Durham Region set out in the Growth Plan also assumes that growth in Durham will accelerate due to Provincial policies that promote complete communities throughout the GGH, reduce out-commuting and generally improve the balance of jobs to residents. Durham is generally well-positioned for growth, and, as noted, will be supported by investment in Provincial highways (401, 412, 418, 407) and regional transit (GO, DRT) services. Ultimately, there are many positive factors driving growth over time, which make for a positive market outlook. Notwithstanding, the work being completed by the Region, as part of the MCR/ GMS, rightly notes that growth forecasts are, at least in part, policy-based and aspirational in nature: requiring a significant increase in the rate of growth relative to the past. Although the Regional forecast allocations have yet to be completed, Pickering is likely to play an important role in achieving the very ambitious8 forecast Regionally, especially given its proximity to established GTA markets, particularly Toronto and York Region; and, the tremendous economic potential associated with the future development of the Seaton employment lands. 2.3.3 High Skill jobs will Continue to Lead the Way From a sectoral perspective, that pattern of the overall share of employment shifting broadly from the goods-to service-producing sectors is likely to continue. Views on the long-term employment impacts of digital disruption range more widely: in some cases, differing by large amounts even for similar industries and time frames. In our view, the changes brought about by digital disruption will occur slowly since economic restructuring has always been a process of gradual change. Recent trends do, however, suggest that jobs least at risk are those that require higher levels of education, problem solving; judgement; and, people management skills; and, oversight. As a result, sectors such as professional, scientific and technical services, education and healthcare and natural and applied sciences are mostly likely to lead the way in job growth. Since this change will likely be felt across all economic sectors, skills training and workforce development will become an increasingly important strategic issue over time. 8 This growth is mandated by the province and must be planned for City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 113 - 14 2.4 Summary and Takeaways The economic context can be summarized as that of continued rapid economic growth overall, the shift to higher-skilled work activities and emergence of new models of working and built forms to accommodate the changes brought about by digital disruption and existing trends accelerated by the COVID pandemic. The key takeaways from a planning and economic development perspective are as follows: •The City of Pickering remains well positioned to compete for new industrial business investment, especially in the well-established key target sectors noted previously such as Advanced Manufacturing, Information and Communications Technology (ICT) and the EN3 sector. As discussed in more detail in Sector 4.0, the outlook for the manufacturing sector has likely improved as a result of the weaknesses in global supply chains revealed by the COVID pandemic, especially small-scale manufacturing. •From structural perspective, recent trends show a continued shift in the proportion of employment to the service sector. Digital disruption is also creating a whole new range of business models that bode well for employment area lands in both greenfield and existing urban areas. •The COVID Pandemic has accelerated many of the key factors driving demand for employment lands, especially warehousing and distribution activities, which has a significant bearing on the future of employment in the City of Pickering, given that much of the future potential is dependent upon the development of the Seaton area lands as the next major greenfield employment area within the Region. •Considerable long-term opportunities exist within this context, including established targets in the energy sector and emerging trends elsewhere in the GTHA. •The growth forecast that the Region must use for its GMS (at a minimum) is quite optimistic and aspirational in nature. The Provincial vision is for significantly accelerated growth compared to the past intended to achieve important policy-based goals for ‘complete communities’ including a reduction in out-commuting and a generally better balance between jobs and residents locally with in the region •The structure of employment is also likely to continue to shift towards services and high- skill occupations, all of which has implications for economic growth and employment area land use over the period to 2051. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 114 - 15 3.0 Policy & Regulatory Context 3.1 Provincial Policy Planning in Ontario is top-down in its approach, led by the Province. A range of policies and plans are in force that shape how municipalities within Ontario; and, within the GGH specifically must plan for growth. Provincial policy must be implemented at the upper-tier and lower-tier levels, where local municipalities must be consistent with or conform to policies and plans, as applicable. Of particular relevance to this assignment are specific policy directions to promote economic growth and competitiveness and ensure that a suitable and marketable supply of employment lands is available to be in in conformity, with the various legislative documents from the provincial to the local levels. 3.1.1 Planning Act, R.S.O., 1990 The Planning Act establishes the overall legal framework for Ontario’s top-down policy-led planning system. It grants legislative authority to the Province, its agencies and municipalities to prepare various plans, policies and regulations, where appropriate. The Planning Act sets out the framework for statutory planning and identifies how land is controlled for municipal land use planning. In Part I of The Planning Act, 20 matters of provincial interest are identified that planning authorities must have regard for as they establish an appropriate long term vision for growth and development for the local context. Through the Act, the Province’s interest in planning for employment opportunities is established. The matters of provincial interest that are relevant to planning for employment lands, and must be considered within the context of this Report and any associated recommendations, include: k)the adequate provision of employment opportunities; l)the protection of financial and economic well-being of the Province and its municipalities; p)the appropriate location of growth and development; q)the promotion of development that is designed to be sustainable, support public transit and be oriented to pedestrians; and, r)promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant (section 2). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 115 - 16 Section 1 of the Planning Act introduces the term “area of employment”. Within the context of planning for employment, “area of employment” is defined within the Act as: “an area of land designated in an OP for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation” In accordance with Section 1(5) of The Planning Act, manufacturing uses; warehousing uses; office uses; retail uses that are associated with manufacturing, warehousing and office uses; and, facilities that are ancillary to manufacturing, warehousing and office uses are all considered typically uses suitable for an “area of employment”. Through an Official Plan, municipalities are responsible for implementing policies that are aligned with provincial interests and intended to achieve employment growth targets set out by the Province. Upper and lower-tier municipalities must permit such uses within the land use designations established for employment lands at the local levels. The Act establishes the legislative framework that is further implemented through several other provincial plans including the Provincial Policy Statement, 2020 (PPS) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended, 2020 (Growth Plan). Through direction from the Act, the Growth Plan identifies forecast population and employment growth targets that are allocated to regional municipalities who then distribute growth to lower-tier municipalities, with the purpose of establishing the appropriate planning and legislative frameworks for achieving these targets. 3.1.2 Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS), 2020 is issued under Section 3 of the Planning Act and came into effect on May 1, 2020. The PPS establishes the policy framework for regulating the development and use of land in Ontario and provides direction for matters of provincial interest related to land use planning and development. It provides a vision for land use planning in Ontario that encourages an efficient use of land, resources and public investment and infrastructure. All decisions affecting planning matters “shall be consistent with” the PPS policy statements. The relevant over-arching policy directions, as they apply to and inform this Report, are summarized below. The policies in Section 1 of the PPS, Building Strong Healthy Communities, provide guidance for facilitating efficient land use and development policies to support “strong, livable, healthy and resilient communities,” and protect the environment, public health, and safety of communities. The 2020 PPS maintains a strong emphasis on economic competitiveness, including the City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 116 - 17 promotion of economic growth, diversification of the economic base, and employment opportunities in rural areas (Policy 1.1.4.1 f). Facilitating economic development is outlined in Policy 1.3 of the PPS and provides direction for a range of employment opportunities to ensure a diversified economic base. The policies encourage “facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment” (Policy 1.3 c). The protection of economic uses including the viability of existing or planned employment areas is also a high priority. The policies of Section 1.3.2 on Employment Areas state that planning authorities should provide an appropriate mix and range of employment, opportunities for a diversified economic base, plan for, protect, and preserve Employment Areas, and ensure the necessary infrastructure is available. The Official Plan review process is intended to assess current Employment Areas to ensure the designation is appropriate to the planned function of the Employment Area (Policy 1.3.2.2). 3.1.3 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) as amended, 2020 outlines where and how growth and development should occur between 2021 and 2051 within the Greater Golden Horseshoe (GGH).9 The Growth Plan provides more detailed policy guidance for employment lands planning. Each single-tier and upper-tier municipality has been provided with population and employment growth targets to meet by 2051. As a lower-tier municipality, the City must also implement the directions from the Region for achieving population and employment growth targets, based on the Region’s MCR/ GMS. As detailed in the following sections of this Report, the Region is currently undergoing the MCR/ GMS process. The following highlights the relevant policies that will need to be considered within the context of the Employment Land Use Review: •Promoting development and economic competitiveness: Economic competitiveness is to be promoted through a more efficient use of existing employment areas including vacant and underutilized lands as well as ensuring that a sufficient land is available in new locations to accommodate a variety of forecast employment growth, to plan better connected, integrated areas, and to align land-use planning and economic development 9 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, Office Consolidation, 2020, Ontario. Approved May 16, 2019; Amended August 28, 2020 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 117 - 18 goals to attract and retain investment and employment (Policy 2.2.5.1 a) to d)). •Directing office, institutional and retail uses generally away from Employment Areas: The Growth Plan directs major office and appropriate major institutional uses to Urban Growth Centres (UGCs), Major Transit Station Areas (MTSAs), and other Strategic Growth Areas (SGAs) with existing or planned frequent transit service (refer to Figure 3-1 and Figure 3-2 for further visual context). This policy direction is implemented in the Regional GMS strategy through the relatively limited allocation of major office growth to the designated Employment Areas. As discussed in more detail in Section 4.0, the focus of most new office development is directed to new community areas, based on the expectation that urban mixed-use environments will become increasingly attractive 10locations for office-type uses over the planning horizon. •The Growth Plan also directs retail and office uses to locations that support active transportation and have existing or planned transit (Policy 2.2.5.2; Policy 2.2.5.3). It is noted that there is a designated UGC for the Downtown area of the City of Pickering and has a minimum density target of 200 residents and jobs combined per hectare by 2031 (Policy 2.2.3.2 b)). There is also an MTSA in the City of Pickering, based around the Pickering GO Transit Station. This MTSA is located within a priority transit corridor and has a minimum density target of 150 residents and jobs combined per hectare (Policy 2.2.4.3 c)). MTSAs and UGCs do not form part of the City’s designated Employment Areas and none are located in Seaton; however, are intended to accommodate a significant proportion of office-type jobs. •Guiding the planning of Employment Areas: Reflecting the high priority policy objective to promote economic development and competitiveness across the GGH, additional policy direction is provided to guide the planning of employment areas. To optimize the use of the land supply, municipalities are required to plan Employment Areas with transit-supportive built forms while minimizing surface parking and developing active transportation networks (Policy 2.2.5.4). •Protecting lands near Goods Movement facilities: The Growth Plan also directs municipalities to protect lands within settlement areas in proximity to major Goods Movement facilities for manufacturing, warehousing, and logistics, and appropriate ancillary facilities (Policy 2.2.5.5). 10 Employment Strategy Technical Report -Chapter 3 of the Region of Durham Growth Management Study: Land Needs Analysis (September 2021) prepared by Watson and Associates Economists Limited and Urban Strategies inc. (page 39). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 118 - 19 • Designating and protecting Employment Areas: Upper-tier municipalities are required to “designate all Employment Areas in official plans and protect them for appropriate employment uses over the long term” (Policy 2.2.5.6). In addition, the Growth Plan requires that municipalities prohibit residential and limit other sensitive uses that are not ancillary to the primary employment use, prohibit major retail uses and provide appropriate interface between employment and adjacent non-Employment Areas to maintain land-use compatibility (Policy 2.2.5.7). The Growth Plan also identifies a number of criteria and conditions that must be met in order to consider the conversion of lands within Employment Areas to non-employment uses (Policy 2.2.5.9, 10, and 11). • Identifying long-term population and employment projections: Schedule 3 of the Growth Plan outlines the population and employment projections for the Region of Durham. The Growth Plan forecasts 1,300,000 people and 460,000 jobs by 2051. As part of the Region’s MCR, the Region of Durham is responsible for distributing the forecasted growth amongst the lower tiers, which includes the City of Pickering. The regional lower- tier growth allocations have not yet been completed as of the date of this report. • Requiring municipalities to establish minimum density targets for all Employment Areas: The Growth Plan requires that all upper-tier municipalities establish minimum density targets, measured in jobs/ha, for all Employment Areas within settlement areas. These targets are to reflect current and anticipated type and scale of employment, as well as opportunities for intensification of Employment Areas on sites that support active transportation, are served by transit, and will be implemented through OP policies, designations, and zoning (Policy 2.2.5.13). This requirement has significant implications for the Seaton Employment lands, given their likely strong market attraction and potential to contribute to both regional employment growth overall, and broader Growth Plan objectives for more complete communities; however, there are also constraints with this in relation to ensuring conformity with the CPDP forecast and other CPDP policies which do not provide flexibility for the City to consider and respond to changing market pressures and demands for alternate forms of employment uses that were not contemplated or permitted in the CPDP (specifically, restrictions related to the extent of warehousing and logistics activities, as distribution was a constraint to growth/ limiting market prospects). • As noted previously, the Region of Durham is currently undergoing an MCR/ GMS process and will set a minimum density target for Pickering in accordance with the Growth Plan. However, these allocations and targets have not yet been completed as of the date of this report. As noted previously, the findings of this work is intended to City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 119 - 20 provide an opportunity to engage in proactive conversations with the Region in relation to the appropriate allocation for the City based on the outcomes and recommendations of this Study. Preliminary discussion with both the Region and the Province have occurred on this matter. Both the Province and Region agree that the CPDP is overdue for a review. However, procedural issues have been identified with respect to timing for the Province to consider a review of the CPDP. This precludes the Region from exploring alternate opportunities for employment allocations as part of the ongoing GMS/ MCR, since conformity with the CPDP is required. This timing provides constraints for the City to address the current issue and, as a result, a different approach in the short-term is required in order to capitalize on the current market opportunities. •Protecting Rural Areas Employment Uses: The Growth Plan states “existing employment areas outside of settlement areas on rural lands that were designated for employment uses in an official plan that was approved and in effect as of June 16, 2006 may continue to be permitted. Expansions to these existing employment areas may be permitted only if necessary to support the immediate needs of existing businesses and if compatible with the surrounding uses” (Policy 2.2.9.5). At present, there are no rural Employment Areas designated within Pickering. The Growth Plan has also introduced a new policy framework that is intended to provide greater long-term protection for key Employment Areas that are provincially significant and to better coordinate efforts to support their contribution to economic growth and improve access to transit. Provincially Significant Employment Zones (PSEZ) are defined as: Areas defined by the Minister in consultation with affected municipalities for the purpose of long-term planning for job creation and economic development. Provincially significant employment zones can consist of Employment Areas as well as mixed-use areas that contain a significant number of jobs. Policy 2.2.5.12 of the Growth Plan allows the Minister to identify PSEZ and provide specific direction for planning in those areas, to be implemented through appropriate OP policies, designations, and economic development strategies. There is a PSEZ identified within the City of Pickering. The identified zone is noted as Zone 3 by the Ministry of Municipal Affairs and Housing (MMAH), which spans areas in both the City of Pickering (Pickering East) and the Town of Ajax. The PSEZ is not located in Seaton. The approximate location of Zone 3 is the employment area south of Highway 401 in Pickering and City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 120 - 21 Ajax.11 3.1.4 Land Needs Assessment Methodology for the Greater Golden Horseshoe Region (Amendment 1, 2020) On August 28, 2020, the Minister formally issued the updated methodology Land Needs Assessment (LNA) Methodology in accordance with Policy 5.2.2.1 c of the Growth Plan.12 The revised LNA Methodology focuses on a more simplified and outcome-based approach in comparison to the prior LNA Methodology introduced in 2018. The LNA Methodology prescribes the key steps to establishing Community Area and Employment Area land needs. The key steps for Community Area land needs are found in section 2 of the LNA methodology, and in section 3 for Employment Area land needs.13 14 Upper-and single-tier municipalities in the GGH are required to use the methodology in combination with the policies of the Growth Plan to assess the quantity of land required to accommodate forecast growth. A key emphasis in the LNA method is understanding how economic trends and drivers of growth are likely to influence the amount, type and location of employment growth. From an employment area perspective, density is the key input to the determination of overall land requirements. And while municipalities may have some flexibility in the approach and inputs to the analysis, the LNA method makes clear that municipalities are to apply appropriate density assumptions by area. More specifically, the LNA notes that it is “essential to prepare density assumptions to ensure there is no shortage of land to accommodate the full range and mix of employment opportunities to meet the forecasts of the Plan”.15 All municipalities in the GGH, including Durham Region, are required to follow the prescribed LNA method, including Durham Region. The results of the analysis at a Regional level have been completed on a preliminary basis as part of the current GMS. Based on the results of this analysis, a specific population and employment growth target will be allocated to the City of Pickering. As of the date of this report, this work has not been completed by the Region and it is anticipated that the results of this analysis will provide input to the allocation process when it is undertaken. 11 MMAH Proposed Framework for Provincially Significant Employment Zones. 2019. https://ero.ontario.ca/notice/013-4506 12 A Place to Grow: Growth Plan for the Greater Golden Horseshoe. Land Needs Assessment Methodology for the Greater Golden Horseshoe (2020). Ontario. August 28, 2020. 13 Land Needs Assessment Methodology for the Greater Golden Horseshoe (2020), pp. 8 to 14. 14 Land Needs Assessment Methodology for the Greater Golden Horseshoe (2020), pp. 15 to 18 15 Land Needs Assessment Methodology for the Greater Golden Horseshoe (2020), pp. 17 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 121 - 22 Section 5 of this Report provides a localized supply and demand analysis for the City of Pickering, in relation to the broader MCR process, to offer recommendations for best positioning the City to be competitive and ensure the right-sized local policy approaches are applied to accommodate the forecast growth. 3.1.4.1 Growth Plan Policy Takeaways & Considerations From a Provincial policy perspective, it is clear that promoting economic development and competitiveness across the GGH is high priority. In summary: • Both the PPS and Growth Plan speak to the importance of facilitating the conditions for attracting new business investment by ensuring a suitable supply of available employment lands to meet the needs of all types of industry and to remove, where feasible, potential barriers to investment. • The Provincial LNA method requires that municipalities ensure a sufficient quantity of employment lands to meet overall demand and include lands to accommodate the full range of mix of opportunities to achieve the Growth Plan forecasts • Overall, the Region of Durham is forecast to experience a significant increase in employment over the period to 2051. As noted in Section 2.0 of this Report, these targets are considered to be quite ambitious and are the minimum that upper-and lower-tier municipalities must plan for in order to conform to the Growth Plan. At present, the Region of Durham has yet to allocate the forecasts to the local municipalities, which for the City of Pickering will depend largely on the density expected for the Seaton Area Lands over the period to 2051. • Of key consideration for employment lands in Pickering are also Growth plan direction that specific uses are to be located in specific areas and meet certain criteria. For instance, major office and institutional uses are directed towards UGCs, MTSAs, or other SGAs that have existing or planned frequent transit service. Retail and office uses are similarly directed to be located in areas that support active transportation and have existing or planned transit service. • Within the context of Pickering, where a significant proportion of the Seaton employment lands have been designated for prestige employment type uses, including office uses, there will be a need to consider the functions of the UGC and MTSAs for accommodating office uses relative to the Prestige Industrial lands in Seaton in order to strike a balance between the location of such uses while ensuring the UGC and MTSAs are able to meet their respective people and jobs per hectare targets. • Overall, there is direction from the Growth Plan for employment areas to be developed City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 122 - 23 with transit-supportive built forms, minimize surface parking areas, and to seek opportunities to develop active transportation networks. There is a protected transit corridor the south side of Highway 407. However, the timeframe for delivery of a transit service along this corridor is still post 2041. At the same time, both the Growth Plan and accompanying LNA method require that policy objectives be balanced against ‘market- based’ demand factors that may require the accommodation of lower-density employment uses such as logistics and warehousing would have a larger land requirement than offices or other employment uses. Consideration of expanding upon and/or providing flexibility for a wider range of permitted uses, including warehousing and logistics facilities in Seaton would have implications in terms of demand for transit service, among other things. •Regarding the transportation of goods, given the Seaton Lands location adjacent to Highway 407, these lands are well positioned to support employment uses that require unencumbered access to Goods Movement facilities, such as manufacturing uses that require just-in-time delivery (e.g. electronics, pharmaceuticals, home consumer products). 3.2 Regional Policy Context Durham Region, as an upper-tier municipality, has been granted powers from the Province to act as Approval Authority on local planning matters within the Region. In carrying out this function for the Province, The Durham Region Official Plan establishes the land use planning framework for which local municipalities must implement, conform to and be consistent with, as the case may be. This section provides a summary of bo0th the current and evolving policy context at the Regional level that pertains to employment lands and planning for employment. 3.2.1 Durham Region Official Plan (2020 Office Consolidation) The Official Plan for the Durham Region (ROP) was approved in November of 1993 by the Ministry of Municipal Affairs and Housing. Since this time, it has been amended and updated at regular intervals, as prescribed by the Province. Most recently, the ROP was consolidated in 2020 and contains all amendments up to May 26, 2020, unless otherwise noted. It includes population and employment projections to the year 2031 for the entirety of the Durham Region. Looking to the lower-tier municipalities within the Region, the outcome of the ongoing Regional MCR process will provide new population and job allocations which the City of Pickering must then update their planning documents for the purposes of conformity and implementation. The targets contained in the current ROP, are based on a 2031 planning City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 123 - 24 horizon and historic trends, which overestimated growth (as noted in this report, the Region is behind the 2031 target by approximately 100,000 jobs as of 2021), and did not anticipate or consider the significant market and other global changes experienced in the last several years. This no longer reflects the current shifting economic context, which leaves limited prospects for warehousing and logistics uses to develop in Seaton. The current MCR/GMS provides some opportunity for this to be reviewed and updated. Similar to the PPS and Growth Plan, encouraging economic development and maximizing competitiveness is a Regional planning policy priority. The economic development policies within the ROP encourage the development of healthy, complete, and sustainable communities that have a balance between the diversity and amount of jobs and the population (section 3.1.2). Economic development goals also include diversifying the Region’s employment base (section 3.1.3) and developing the Region to its “fullest economic potential” (section 3.1.1). General policies to facilitate economic development include: •To support the goal of a complete and sustainable community that provides residents with close live-work opportunities, a target ratio of 50% (one job for every two persons) was established by the Region (section 3.2.2). As with the overall forecast, this also represents an optimistic view of future growth given that the current balance of jobs to residents in the community (referred to as the “activity rate”) has historically been at a much lower rate, approximately 35% over the last 20 years and is expected to remain around this level over the period to 2051. The goals of the Official Plan are supported through a number of directions, notably the directive to protect designated Employment Areas from conversion (section 1.3.1) and generally to enhance the use of designated Employment Areas to meet targets (sections 3.3.1; 3.3.3; 3.3.4; 3.3.5; 3.3.6; 3.3.7; 3.3.9; 8C.1.5; 8C.2.9; and 8C.2.10). Looking specifically at Employment Areas, the ROP goals are: •To establish Employment Areas that provide for the development of industries and businesses that require separation from sensitive land uses, and to efficiently guide their development to obtain the greatest benefit for the Region (section 8.1.17); •To increase industrial and high skilled job opportunities for the residents of the Region (section 8.1.18); and, •To attract industries and businesses that will maximize and diversify the economic and employment opportunities in the Region (section 8.1.19). To meet both markets needs and the outlined employment targets, the Region is to ensure the availability of a minimum five-year supply of serviced lands in Regional and Local Centres and City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 124 - 25 Employment Areas (section 3.3.2). The minimum five-year supply is to be maintained based on the anticipated demand, need to balance population growth with employment opportunities, ease of servicing, and the financial resources of the Region (section 3.3.2). This policy is important as it sets a clear directive for Pickering to prepare, in a strategic manner, a serviced supply of employment lands to maximize economic development and investment opportunities. The ROP directs all lower-tier municipal Councils to ensure that local Official Plans include policies and designations that work to implement the intent and provisions within the ROP as it pertains to economic development (section 3.3.11). Specific attention is drawn to the provisions found in policy Section 3.3.8, which stipulates that the Region and area municipal Councils will cooperate to achieve greater diversification of the economic base in the Region. To increase the diversification of the economic base, specific matters are outlined, the following of which are relevant to this Study: • promote Urban Growth Centres, Regional Centres and Corridors as attractive locations for major offices; • promote the beautification of development along major transportation corridors, in particular, the redevelopment and intensification of existing Employment Areas abutting Highway 401; and, • encourage and support job opportunities in the agricultural sector for future generations (section 3.3.8). The ROP defines Employment Areas as: “Lands designated on Schedule 'A', which are set aside for uses that by their nature may require access to highway, rail, and/or shipping facilities, separation from sensitive uses, or benefit from locating close to similar uses” (section 8C.2.1). In accordance with the ROP, permitted uses in Employment Areas can include: manufacturing, assembly and processing of goods, service industries, research and development facilities, warehousing, offices and business parks, hotels, storage of goods and materials, freight transfer and transportation facilities with some of these uses encouraged to meet locational criteria (section 8C.2.1). Some sensitive land uses may be permitted within Employment Areas, while residential uses, nursing and retirement homes, elementary and secondary schools, and places of worship are not permitted in Employment Areas (section 8C.2.2). For Employment Areas, provisions are to include development of a transit-supportive, compact built form and that plans are made for transit and active transportation to be considered during the development of these lands (section 8C.2.9). The ROP contains a number of policies that pertain to the Urban System, specific policy direction for Urban Employment Areas. In particular, the ROP notes that on a Region-wide basis, City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 125 - 26 Urban Employment Areas should be planned to: • Meet an overall gross density of 50 residents and jobs combined per hectare when developing greenfield areas (section 7.3.9.b); and, • Accommodate a minimum 50% of all forecast employment in designated Employment Areas (section 7.3.9.c). With respect to the second bullet above detailing the proportion of jobs to be allocated to Employment Areas. This means that a minimum of half of all new jobs must be directed towards designated Employment Areas. The remaining share may be outside of employment lands and Employment Areas, such as in areas that are planned for mixed uses or commercial uses. This policy recognizes that not every job is, or should be, found within employment lands. The ROP contemplates particular principles for adaptability in the long-term, sustainable development, harmony with nature, as well as diversity and integration of structures and functions (section 8.2.1). The principles for development also include being transit-supportive along with active transportation and public transit use, while upholding good urban design principles that involved a mix of uses in a more compact urban form and promote intensification (section 8.2.1). As well, Urban Areas are to be developed based on lands that have access to full municipal services (section 8.2.2). Pertinent to Employment Areas is the policy directing the preservation of the Duffins Rouge Agricultural Preserve and development of the Seaton community to be in conformity with the provisions of the Central Pickering Development Plan which requires Seaton to provide one job for every two residents and a total of 30,500 jobs, 18,800 of which must be located on the Seaton Employment lands, by 2031 and 35,000 jobs over the long term (The Central Pickering Development Plan (2012) is detailed in Section 3.4.1 of this Report). Further to the ROP policy on development in the Urban System requiring access to full municipal services (section 8.2.2). Overall, this demonstrates the Region’s ultimate preference for all development within the Urban System to have access to and be built on full municipal services. Currently, much of the lands in the Seaton area are not serviced, which presents a number of challenges from both a land use planning and economic development and competitiveness perspective. The lack of servicing in much of Seaton is particularly challenging, given that the balance of the employment lands in the Pickering East and Pickering West Employment Areas are nearly built out. Within the ROP, there is reference to the Federal Pickering Lands that are located in Pickering. At the local municipal level, these lands are known as the Proposed Airport Site, which has been owned by the Federal Government since the early 1970s. A number of ROP policies indicate City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 126 - 27 support for the lands to be developed as an airport, recognizing that in doing so there would be additional economic opportunities for the Region and the City of Pickering. These lands are vacant and currently used for agricultural purposes; however, there have been studies conducted by KPMG on behalf of the federal government to evaluate options for what kind of airport may be appropriate and when the need for the airport may arise. 3.2.1.1 ROP Policy Takeaways & Considerations In summary: •The ROP provides policy direction to the local-level municipalities, including Pickering, and allocates population and employment growth targets to be implemented for each. Policies within the ROP are intended to guide the local municipalities on the land use policies that must be implemented at the local level. From a Regional policy stand-point, there is considerable support for the protection of employment lands and to maximize economic development opportunities to make more jobs available for residents. Conversion policies appropriately limit lands designated for employment being changed to facilitate development that is not employment related. This allows for employment lands to be protected longer term, to be available in order to help meet growth targets like what has been set out for Durham via the Growth Plan. •The ROP must conform to the CPDP, which requires that 18,800 jobs be provided on the Seaton Employment Lands This forecast and target was based on work completed in 2007, and does not necessarily reflect the market conditions of today as described in Section 2.0 of this Report. •In terms of employment lands in the City of Pickering, the ROP policies contemplate the need for providing full municipal servicing. Having full municipal servicing in place for employment lands development is critical for both the municipality to sustainably and strategically support development, while also facilitating the availability of ‘shovel ready’ lands for industrial developers. •At present, municipal servicing is not available to all designated Employment Areas in Pickering, which limits economic development opportunities for the Region and the municipality and may have implications for achieving the employment targets set out in the Growth Plan, particularly given that significant proportions of the City’s existing employment lands in Pickering East and Pickering West are virtually built out, and able to accommodate intensification only. •As noted, there is Regional interest in the development of Pickering airport lands for an airport. In order to prepare for this potential development, the ROP requires that the City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 127 - 28 City of Pickering ensure there is adequate employment lands nearby the future airport and that the land uses permitted in these areas are preferable for the location and context. •On a final note, it is important to consider that at least half of the forecast for employment growth must be allocated to designated Employment Areas while the other half can be located outside of designated Employment Areas. It is recognized that not all jobs are associated with traditional employment lands, such as manufacturing or goods processing, which is an important distinction when addressing growth targets and the employment land supply and capacity. 3.2.2 Envision Durham Region Municipal Comprehensive Review The Region is currently undertaking a Municipal Comprehensive Review and Official Plan Review Process (referred to as the MCR/ GMS throughout this report). Through the MCR/ GMS process, the Region will be allocating new growth to Pickering to satisfy the 2051 planning horizon. Overall, the Region is expected to grow to 1.3 million people and 460,000 jobs by 2051 (previously 960,000 people and 350,000 jobs by 2031 (ROP section 7.3.3)). Following completion of the MCR, and approval by the Province, new targets for housing and employment, as well as implementing policies to achieve the targets, will need to be implemented by lower-tier municipalities, including the City of Pickering. While the Region is currently conducting their GMS/ MCR process, they must complete it within the context of the CPDP targets, regardless of whether they are reflective of current market conditions. An amendment to the CPDP would be required in order for the Region to consider alternate targets and employment forecasts for Seaton as part of their GMS/ MCR. Through conversations with the Region and the Province, it is understood that there is a general agreement that the CPDP should be revisited; however, there are constraints with respect to timing—the review and update would not occur in a timeframe that would provide the opportunity for the City to address current market and economic shifts. Through the MCR/ GMS Process, the Region has initiated a number of studies and reports on future growth and employment forecasts. The Growth Plan Forecasts for 2051 and the Land Needs Assessment methodology provides the background analysis for the Region’s Growth Management Strategy. The first phase of the Growth Management Strategy involved the completion of an LNA. The LNA was presented via four separate but interrelated reports, as follows: •Region-wide Growth Analysis; •Housing Intensification; City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 128 - 29 •Employment Strategy; and, •Community Area Urban Land Needs Technical Report. Of particular relevance to the employment land use review are the findings of the Employment Strategy and Land Needs analysis noted previously. The key findings of the analysis are summarized below for context, while Appendix A includes a more robust summary: •Durham Region’s employment is forecast to reach 460,000 jobs by 2051, which an increase of approximately 218,000 jobs between 2021 and 2051; •Achieving the residential and employment forecasts will require a significant increase in housing construction and job growth than currently being achieved in Durham; •As noted, to achieve the employment forecast for 460,000 jobs by 2051 will require approximately double the Region’s historic employment growth rate and is considered “aspirational” from a growth management perspective. •Employment Land employment is anticipated to play a significant role in achieving the forecasts, accommodating approximately 37% of the total regional employment growth over the period to 2051. Well-located, greenfield employment land will be key to meeting this significant growth requirement. •Because the existing Pickering employment land supply is almost fully built out, the ability of the Seaton lands to accommodate growth will have a strong bearing on the overall employment area growth outlook and allocation to the local area municipalities. Based on an analysis of future demand and supply, a shortfall between the total Employment Area available for development and the Region’s employment forecast for 460,000 jobs by 2051 was determined. •The Employment Strategy also takes into account findings of previous work undertaken on key opportunities and challenges to growth, which speaks to the importance of maintaining the Region’s competitiveness as a hub of innovation and technology16 . Of key importance to this end would be the accommodation of the higher value jobs in key target sectors, in particularly the advanced manufacturing components of the energy and ICT sectors noted previously. To accomplish these objectives, a number of recommendations were put forward to balance the changes required of Employment Areas to support an evolving economy while protecting the integrity of Employment Areas. The recommendations included: •Broadening and further defining accessory and supportive uses for Employment Areas 16 Land Needs Assessment Methodology for the Greater Golden Horseshoe (2020), pp.17 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 129 - 30 (section 8.4.2) to help create more complete business parks or industrial areas. •To discourage major retail development in Employment Areas by updating the definition in the ROP to specifically include “large-scale or large-format retail stores or retail centres” to ensure that such developments be clearly prohibited or limited in Employment Areas through other ROP policies (section 8.4.3). •For the ROP to be adjusted, so it states that the Region endeavors to achieve approximately 50% of all forecast employment to be accommodated in designated Employment Areas (section 8.4.4) •To plan for a minimum average density target of 26 employees per hectare for all Urban Employment Areas in the Region, in accordance with section 2.2.5.13 of the Growth Plan (section 8.4.5) To encourage intensification of existing Employment Areas, especially for sites that support active transportation and are served by existing or planned transit, and to undertake an Employment Area intensification strategy (section 8.4.6). From a land needs perspective, this objective is achieved by allocating approximately 20% of the forecast growth on employment lands to be accommodated through intensification. This is different than the approach taken in other municipalities, such as the City of Hamilton, where the approach is to maintain or slightly increase the density of existing employment lands to the plan horizon, recognizing that some jobs are lost through declines in the existing base of occupied lands in older more mature areas. The MCR/GMS is currently in the ‘Direct Stage’ of the process, which has involved the release of the Growth Management Study reports, Phase 1 of the Land Needs Assessment, and the release of the Proposed Policy Directions. It was originally planned that the draft ROP will be adopted by Regional Council in 2022 and approved by the Ministry of Municipal Housing and Affairs later in 2022. However, the Region is behind schedule and is now anticipated to be completed in 2023. The City of Pickering’s Official Plan is required to be updated within one year of the approval of the Region’s Official Plan to ensure consistency of policy directives. It is our understanding that Durham Region has indicated a delay with the Envision Durham work and has requested additional time from the Ministry of Municipal Affairs and Housing to complete the work for the MCR/ GMS. As a result, specific population and employment allocations for the City of Pickering have not been identified and have not yet been considered as part of this report. As noted previously, this timing and the results of the current employment land use review provides the City and Region with an opportunity to engage in discussions in a proactive manner as they continue to finalize the MCR/ GMS allocations, especially as they relate to expectations for the Seaton area in a broader regional context. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 130 - 31 3.3 Local Policy and Regulatory Context The following policy documents by the City of Pickering provide direction for the development of employment lands and associated land use needs in the municipality. Of particular relevance is the Central Pickering Development Plan (CPDP) that establishes the vision and planning objectives for the Seaton area, including the employment targets overall as well as the allocation of jobs to the lands along Highway 407. The specific employment targets for Seaton have been in place and unchanged since 2012 when Amendment 1 to the Central Pickering Development Plan (CPDP) was approved. 3.3.1 City of Pickering Official Plan The local Official Plan for the City of Pickering was adopted in 1997. Currently, a 2018 office consolidation version of the Official Plan (Edition 8) is available to the public, which includes all amendments up to October, 2018. Contained in the Official Plan (OP) are objectives for growth, settlement, and economic development that play key roles in the future of employment uses in the City. The OP includes a number of guiding principles for planning Pickering’s future growth and development. Within Principle 2, the City aims to become more self-sufficient while seeking broader connections, which is noted to specifically require actions such as: •enhancing local economic opportunities while building global trading partnerships; and, •supporting and seeking out responsible economic activities and investments. Systems & Areas Planning Framework The City of Pickering has identified three distinct, yet interrelated, systems that establish the City’s planning framework: the Ecological System, the Urban System and the Rural System. Below, Figure 3-4 depicts the Urban System. For purposes of this Report, only the urban system will be discussed in detail. The City has adopted the following goals for the urban system: •to establish and encourage a “complete” urban area with a wide mix and diversity of uses, activities, experiences and opportunities; •to recognize and nurture important interrelationships between local culture, local identity and the local economy; •to provide an adaptable, durable, safe and accessible urban environment; and, •to involve residents, business-people, landowners, relevant public agencies, and other interested groups and individuals in making decisions concerning the urban system (section 2.6). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 131 - 32 To achieve these goals, with specific emphasis on employment and economic development, it is the City’s policy that council will work to: •encourage a variety of uses in close proximity to one another through a well-designed, compact urban form; •make efficient use of infrastructure, land and services, and facilitate local economic and social interactions between people; •increase overall the number and variety of housing, employment, educational, cultural, recreational, and other opportunities and experiences within the urban area; and, •direct new residents, jobs and activities to areas where adequate amenities, services and facilities either exist or will be provided (section 2.7). The City recognizes three (3) adjoining areas as the urban system in Pickering. The areas are defined as: •South Pickering Urban Area: lands between Lake Ontario and the C.P. (Belleville) rail line, which cuts diagonally across the City from north of Finch Avenue in the west, to north of Taunton Road in the east; •Seaton Urban Area: lands between the C.P. (Belleville) rail line and north to the Federal Airport lands (generally Highway 7), west of Sideline 16/Ajax-Pickering boundary, east of the West Duffins Creek; and, •Proposed Airport Site: lands north of Highway 7 for a potential airport (section 2.8). Figure 3-1 illustrates the geographic locations of each of these areas. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 132 - LAND USE REV IEW C ITY OF PICKERING URBAN SYSTEM AND 2031 EMPLOYMENT GROWTH TARGETS FIGURE 3-1 Township of Uxbridge 0 -C: 0 '-~ -0 >, :!::: u Cl) i;; :::i E ru .c ... ::I 0 ~ ~ "O ru 0 " Cl) C: C: ~ ~ Cl i;; ·;:: a, ~ u i:i: e ru .c ~ ... 10 :ii: r------------------i ' r ' Proposed j Airport Site: "~mployment Target N/~ ii /I Seaton Urban Area: 30,500 Jobs by 203 1 .JUp to 35,000 Jobs Longe r Term~ 11 F _ _JL --- I Taunton Rd ~II -=='======~-laim=ar==-· --~ ..... DILLON CON SULTING ~ i ::===~ ,n Cl) ;t:: .s:: i;; ~ ~ Cl i;;; ·;: Cl) ~ ~ u Cl) ~ ~ ~ ci ~ ,i-----~~, --~ I .c ~--,_, =;::::=--=--aaa.;;===,:,a.;::,;;--~\ ... ] 1 l' South Pickering " Urban Area: 10 2 13 ,500 Jobs by 2031 < Map Prepared by : PFM Dillon Consul ting Limi ted Map Checked by : KM Dillon Consulting Limi ted Lake Ontario June 08, 2022 ----------~. . ' "TJ ru 0 " Cl) Cl "TJ ~ Cl) ~ ru seventh concesaj__on Road ...I Urban System >, ..c -.c: 3: -0 C: s: ~ D Proposed Ai r port Site D Seaton Urban Area D South Pickering Urban Area Base Mapping == Freeway == Arterial Roads Waterbodies (:: l Municipa l Boundary Kilomete rs 1111 - NORTH 0 0.5 1 2 File L oca t1on: K: \20211212 636 City of Pickering Land Use Re view'Product\Client\20 220608 ESL Report Final\Urban System and 2031 Emp/oym enr Growth Targets. mxd 33 Figure 3-1: City of Pickering Urban System City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 133 - 34 The South Pickering Urban Area and Seaton Urban Area have been further divided into 21 urban neighbourhoods via the OP, as shown Figure 3-2 and Figure 3-3 below. The areas in the City’s urban system each have distinct population and employment targets estimated for the year 2016, and more recent targets updated for the year 2031. The employment target for the South Pickering Urban Area for the year 2016 was 51,200 jobs. Urban employment in the South Pickering Urban Area is to be accommodated primarily in the designated Mixed Use Areas, Employment Areas, and via home occupations in Urban Residential Areas (section 2.11). For the Seaton Urban Area, the policy direction for development is for compact development, higher densities, and to use land and services more efficiently that will facilitate Community Nodes and Mixed Corridors to develop first with commercial uses, intensifying over time through a broader mix of uses (section 2.13). It should be noted that the employment expectations for Seaton have always been considered optimistic, especially in terms of the amount of office growth anticipated and the relatively high density that would need to be achieved on the non-office components of the land supply in a broader GTHA context. Since 2012, however, the market for employment lands has changed significantly, especially employment density and demand for logistics space, which raises questions around the suitability of the current targets as a basis for accommodating growth over the next 30 years. The development of this urban community in the Seaton Urban Area is planned to accommodate 30,500 jobs by 2031, and up to 35,000 jobs through long-term intensification (section 2.13). It is of importance to note that, currently, very little employment development has occurred within the Seaton employment area. It unlikely that the 2031 target will be achieved17. This is an important consideration and a key point for discussion with the Region to inform the current and ongoing MCR/ GMS process. 17 Current development on the Seaton employment lands includes a new commercial plaza, Kubota, and the Jerry Coughlan Health and Wellness Centre. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 134 - LAND USE REVIEW SOUTH PICKERING URBANI AREA NEIGHBOURHOODS FIGURE 3-2 0 .... C: 0 .... {=. .... 0 >, ~ u Township of Uxbridge Q NORTH KM -- >, .0 ~ .c: s: -0 C: ;t ~ 0 1 2 4 Lake Ontario Key Map South Pickering Urban Area Neighbourhoods LJ 1. Rosebank D 2. West Shore LJ 3. Bay Ridges D 4 . Broc k Industria l D 5. Rougemount Base Mapping D 6. Wood l ands LJ 11. Amberlea D 7. Dunbarton LJ 12 . Liverpool D 8. City Cent re LJ 13. Brock Ridge D 9. Vi llage East LJ 14. Rouge Park D 10. Highbush LJ 15. Duffin He ights '----' Freeway ~ Assessment Parcels -Arteria l Roads Waterbodies -~ Railroad [ ~ ~ l Municipal Boundary 0 Q) C: C: ~ {=. C) C: ·;: Q) .II: (.) D.. .c: C) :l 0 .... 0 .0 ... CIJ (.) VJ City of Toronto p \ DILLON CONSUL Tl NC KM 0.5 1 2 11. Amberlea "0 ' CIJ 0 ct:: V 11 4 ./ nf-I 1 1 \-01 I I V ~ ~~ [ 12. Liverpool · • ai \ 1 15. Duffin Heights Third Conce:J ·13. Brockl Ridge '-. en ct:: .... .c: Q) (.) ~ :g u5 cc ........ _~ 1/) (.) Q) ... ,_ :l :l C" VJ .c: (.) "r. j3. Bay Ridges] =-■=,=:.r I ,::µ:. '). 4. Brock F=--" _Industrial \ Lake Ontario Town of Whitby Town of Ajax Map Prepared by: PFM Dillon Consulting Limited Map Checked by: KM Dillon Consulting Limited June 08, 2022 35 Figure 3-2: South Pickering Urban Area Neighbourhoods City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-June 2022 - 135 - LAND USE REVIEW SEATON URBAN AREA NEIGHBOURHOODS FIGURE 3-3 0 ... C: e {:. .... 0 >. :i= u Township of Uxbridge Q NORTH KM --0 1 2 4 >. .0 :!: ..c: ~ .... 0 C: ~ {:. Lake Ontario Key Map Seaton Urban Area Neighbourhoods D 16. Lamo reaux D 17. Brock -Taunton 18. Mount Pleasant Base Mapping D 19. W i lson Meadows D 20. Thompson 's Corners D 21. Innovation Corridor = Freeway C Asse ssmen t Parcels -Arter ial Roads Wate r bodies ~-Rai lroad r--J Municipal Boundary 0 ... C: 0 ~ ~ -0 ~ (..) 0 Q)I C: _J - E •---H co ..c: ... ~I ~I, ~I / ' I I ,J -I I , I . Whitevale Roa 1 \ I rnEm "-ffiEl:l::iBj ~-- KM 0 .5 21. Innovation Corridor JL Highway 7i ~ Q) c::J--.;_,-----~ ~--+------~~-t--y-Q) 2 I, 18. Mount' Pleasant "C co 0 0:: 1/j Q) -..c: ~ "C V) Tal!Jnton Road [16. Lamorea~x ] 1 ,19. Wilson Meadows I I J Seventh Concession Road ... ~ Tho;~~on's I-• l I Come~ . ~ [ 17. 1F"ftl.;. C I . I R d 1 111 onceSS1on oa - ~ .!l ~ .c: '11 ~ I -0 C: ,: ~ DILLON CONSULT I NG Map Prepared by: PFM Dillon Consulting Lim ited Map Checked by: KM Dillon Consulting Lim ited June 08, 2022 36 Figure 3-3: Seaton Urban Area Neighbourhoods City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-June 2022 - 136 - - 37 South Pickering Urban Area Neighbourhoods (extended text for Figure 3-2): 1. Rosebank 6. Woodlands 11. Amberlea 2. West Shore 7. Dunbarton 12. Liverpool 3. Bay Ridges 8. City Centre 13. Brock Ridge 4. Brock Industrial 9. Village East 14. Rouge Park 5. Rougemount 10. Highbush 15. Duffin Heights Seaton Urban Area Neighbourhoods (extended text for Figure 3-3): 16. Lamoreaux 19. Wilson Meadows 17. Brock-Taunton 20. Thompson's Corners, and 18. Mount Pleasant 21. Innovation Corridor At present, the job growth forecasts in the OP are to the year 2031. The employment growth for the Seaton Urban Area is forecast to accommodate a total of 30,500 jobs by 2031, with up to 35,000 jobs in the longer term through intensification. The growth forecasts were allocated for each specific neighbourhood and are detailed below in Table 3-1 for ease of reference. Table 3-1: 2031 Population & Employment Growth Forecasts by Seaton Urban Area Neighbourhood Forecast N16: Lamoreaux N17: Brock Taunton N18: Mount Pleasant N19: Wilson Meadows N20: Thompson’s Corners N21: Pickering Innovation Corridor Population Forecast 17,500 5,000 18,000 15,000 5,500 0 Employment Lands Forecast N/A N/A N/A N/A 5,400 13,400 The 2031 growth forecasts, once allocated amongst the six (6) Neighbourhoods in the Seaton Urban Area, demonstrate more clearly how the City has planned to accommodate population and employment growth. Much of the population growth for the Seaton Urban Area is directed towards Lamoreaux, Brock-Taunton, Mount Pleasant, and Wilson Meadows. Although largely planned for Residential Uses, these Neighbourhoods each are to include some Mixed Use and/or Commercial Uses. Over half of the total employment growth forecast for the Seaton Urban Area is directed between Thompson’s Corners and the Pickering Innovation Corridor (18,800 jobs), with a significant majority of it intended for the Pickering Innovation Corridor. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 137 - 38 The remainder of the employment growth forecast for the Seaton Urban Area is to be accommodated within the Mixed Use and Commercial areas planned for in the Lamoreaux, Brock-Taunton, Mount Pleasant, and Wilson Meadows Neighbourhoods. Much of this growth will be in the form of “population-related” employment, which are jobs that exist to serve the resident population including retail, education, health care, local government and urban work at home. Prior to the COVID Pandemic, there was already a trend towards lower retail employment as a result of growth in e-commerce and technological innovation such as self- serve checkout kiosks in grocery stores. Declines in retail employment in “bricks and mortar” establishments are likely to continue their relative decline but will be balanced by an increase in remote working and health care employment, driven by the lingering effects of the COVID Pandemic and aging of the population over time. Employment uses are to be provided through the following designations: •In office, manufacturing and service industries in the Prestige Employment designation; •In office, retail and service industries in the Community Node and Mixed Corridor designations and in small commercial stores in the neighbourhood nodes; •In institutional and recreational facilities throughout the residential designations and mixed use designations; and, •As home occupations in all residential and mixed use designations (section 2.13.b). It is intended that the Seaton Urban Area be planned as a sustainable urban community that is compact, walkable, pedestrian focused, and contain a mix of uses that can adapt and evolve over time (section 2.12). To achieve this, the City calls for the preparation of additional plans, strategies, incentives, and controls (section 2.14). Further, the City has included policies directed at the Provincial government for the appropriate and timely disposal of provincially- owned lands to be consistent with the other policies with the local OP and the ROP (Section 2.15). Economic Development Strategy The economic development strategy set out in the OP addresses the existing and future needs of the City’s ecological, urban, and rural systems. Encouraging existing businesses to take advantage of opportunities from the interdependency of the City with Regional, national, and global economies to become a major business and employment destination with quality local jobs are key economic goals for the City (section 5.1). Objectives include supporting local businesses, the creation of more jobs that provide for a more diverse economic base, provide a range of locations for economic activities, and improve the balance between the City’s residential and commercial-industrial tax base (section 5.2). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 138 - 39 The City aims to support job creation and diversification through targeting a range of economic growth sectors as well as zoning that permits home occupations in all residential areas (section 5.3). As the City’s major new greenfield employment area, the Seaton lands will play a major role in achieving these economic objectives especially for the attraction of new business investment across the City’s key target economic sectors noted previously. Support for local businesses is also a key policy of the City, through the improvement of municipal assistance for business owners (section 5.4). Beyond the support for local businesses, the City’s economic development efforts will be coordinated with the efforts of the Region in promoting economic development (section 5.5). To further facilitate economic development, the City is to maintain an up-to-date Economic Strategic Plan (section 5.6), establish a high speed, broad band telecommunications network linking all residences, institutions, and businesses (section 5.7), and to incentivize green building design for any new development in the City Centre (section 5.8). Employment Land Use Designations & Land Development Policies In the City’s OP, Employment Areas are defined as the lands that have a significant concentration of manufacturing, assembly, warehousing and/or related employment opportunities (section 3.8.a)). In Schedule I – III Land Use Structure of the OP, the array of designated land uses applied throughout Pickering are identified. In accordance with the land use schedules and policies of the OP, the following land use designations are intended for Employment Areas, distinguished by the mix of uses, operational standards, design, and performance requirements: •General Employment; •Prestige Employment; and, •Mixed Employment (section 3.8.c) The permitted uses in each Employment Area sub-category are summarized, generally, in Table 3-2 of this Report. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 139 - 40 Table 3-2: City of Pickering Employment Area Land Use Permissions Designation Planned Function Permitted Uses Prohibited Uses Other Policy Criteria General Employment Intended to support heavy industrial uses with some office and community uses •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. N/A Lowest performance standards for site operation and appearance required Prestige Employment High visibility from major freeways and their proximity to residential areas, intended to support light industrial, office, and community uses •Light manufacturing, assembly and processing of goods, light 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. (in Seaton Urban Area) •Retail stores including large format retail uses except for convenience commercial, and retail sales as a minor component of an industrial operation •Outdoor storage •Waste processing, waste transfer and recycling facilities •Freight transfer and similar trucking facilities •Automotive and vehicle sales and repair •Places of worship and elementary and secondary schools (section 11.32) Second highest performance standards for site operation and appearance required Locational criteria for personal service use, convenience commercial, restaurants and financial institutions as ancillary uses (section 11.33). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 140 - 41 Designation Planned Function Permitted Uses Prohibited Uses Other Policy Criteria Subcategory: Prestige Employment General N/A N/A (in Seaton Urban Area, Neighbourhood 20: Thompson’s Corners & Neighbourhood 21: Pickering Innovation Corridor) •in addition to the prohibited uses in section 11.32, warehousing shall be prohibited except for warehousing accessory to a permitted use (section 12.22.e.i & section 12.23.a.i.A) (in Seaton Urban Area, Neighbourhood 20: Thompson’s Corners & Neighbourhood 21: Pickering Innovation Corridor) •Freestanding office buildings require a minimum density of 2.0 Floor Space Index (FSI), and are located close to interchanges within this designation. Development in the interim of no less than 0.5 FSI may be permitted if a development concept and intensification plan is provided (section 12.22.e.ii & section 12.23.a.i.B) (in Seaton Urban Area, Neighbourhood 21: Pickering Innovation Corridor) •Despite the prohibition of outdoor storage in Section 11.32, 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 (Kubota Canada Ltd.’s manufacturing/assembly plant) and limited outdoor display of finished equipment may be permitted (section 12.23.a.i.B) Subcategory: Prestige Employment Node N/A N/A (in Seaton Urban Area, Neighbourhood 20: Thompson’s Corners & Neighbourhood 21: Pickering Innovation Corridor) •in addition to the prohibited uses in section 11.32, warehousing, and light manufacturing, assembly and processing of goods shall be prohibited except in combination with a permitted use in the same building (section 12.22.e.ii & section 12.23.a.ii.A). (in Seaton Urban Area, Neighbourhood 21: Pickering Innovation Corridor) •permits, as an exception, controlled outdoor storage on lands being Part of Lots 23 and 24, Concession 5, now Part 1 40R-29998 and Part of Part 7, 40R-25010 Mixed Employment Highly visible and accessible locations along main arterial roads intended to support a mix of employment uses All uses permissible in Prestige Employment area, as noted above. N/A Highest performance standards for site operation and appearance required limited retailing of goods and services serving the area. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 141 - 42 Further to the Employment Areas land use policies in Chapter 3 of the OP is Chapter 11, which contains detailed policies pertaining to the Seaton Urban Area. The objectives and policies in Chapter 11 of the OP provide direction to implement and conform to the Central Pickering Development Plan, which is detailed in Section 3.4.1 of this Report. The Central Pickering Development Plan set out seven goals to guide development in the Seaton Urban Area, they include: Natural Heritage; Cultural Heritage; Social, Institutional, Open Space and Recreational Facilities; Transportation and Transit; Servicing; Employment; and, Housing and Mixed Use. These goals are supported by additional policy guidance for the following objectives in the Official Plan: • Create Walkable, Transit Supportive Neighbourhoods Through Compact Development, Integration of Mixed Use Development and Distribution of Parks and Recreational Facilities (policies 11.1 – 11.16); • Create a Transit, Cycling and Pedestrian Supportive Urban System with Pedestrian- Oriented Roads, and fully integrated Cycling and Walking Networks (policies 11.17 – 11.30); • Create Opportunities for Job Creation Particularly on the Employment Lands Concurrent with Residential Growth (policies 11.31 – 11.36); • Promote Environmentally Sustainable Building and Design Practices (policies 11.37-11.45); • Provide for a Range of Housing Types and Densities that Meet the Needs of a Diverse Population (policies 11.46-11.49); • Protect the Seaton Natural Heritage System and Integrate it into the Neighbourhoods (policies 11.50-11.59); • Protect Cultural Heritage Resources and Archaeological Resources (policies 11.60-11.70); • Create an Adaptive and Resilient Urban Community (policy 11.71); and, • Neighbourhood Plan Implementation and Phasing (policies 11.72-11.74). Throughout the City, additional restrictions on uses apply to the Prestige Employment land use designation, including the prohibition of freight transfer and similar trucking facilities (section 11.32). This poses a limitation on the economic development opportunities of Seaton as freight and logistics-related uses are anticipated to be significant economic drivers, as discussed in other sections of this Report. In recent years, the City has had a number of requests for the development of employment generating uses such as logistics and warehousing and distribution uses on the Seaton employment lands. However, they have not been able to proceed forward with development approvals for these because the large footprints associated with the types of uses proposed would inhibit the ability of the City to achieve the provincial directives set out in the CPDP since the job yield would be much lower than the 1 job for every 2 persons City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 142 - 43 requirement. It is worth noting that there are other facilities that can operate and function compatibly with prestige industrial uses (e.g. warehousing for consumer goods which would be fully enclosed in well-designed and aesthetically pleasing buildings) and can yield significant job numbers (for example, as discussed later in this report, some new facilities such as Amazon, have achieved densities over 50 jobs per hectare; and, some of the new development in Seaton, such as Kubota, are on target in terms of the job yield.). Ultimately, notwithstanding that it is generally agreed that the CPDP review is long overdue, the City and Region are beholden to the policy framework of the CPDP until such time as the CPDP is amended. This poses complications in the present situation and does not provide opportunity for the City to capitalize on the current opportunities, while at the same time preserving key prestige industrial nodes and gateways within Innovation Corridor so that they remain available for office uses when the market demand arises for this type of use. In the interim, the only mechanism to address this situation is to put in place policy criteria and triggers for evaluation to allow for consideration of some of these opportunities outside of the prestige industrial nodes where they would be compatible with existing and future uses and where they could demonstrate how catalyst jobs could be created elsewhere so that the overall goals of the City’s OP are achieved and the objectives and targets of the CPDP are not undermined while the CPDP review is underway. Within the Prestige Employment designation, if certain locational criteria can be met, additional uses are permitted as ancillary uses, these include: •limited personal service uses; •convenience commercial; •restaurants; and, •financial institutions (section 11.33). These uses are, however, limited as they must be located within nodal clusters or on the ground floor level of an office building and must also be on arterial roads near a signalized intersection with an adjacent transit stop. A main consideration for determining the full maximization of possible Employment Area land uses in Seaton is reliant on understanding what the future roadway network is anticipated to look like. A critical OP policy for the development of the Employment Areas in the Seaton Urban Area is the directive for job opportunities to be created via the first phase of development of the Seaton Urban Area (section 11.34). As noted previously in this report, there is some development underway within Seaton, including a new commercial plaza, Kubota and the Jerry Coughlan Health and Wellness Centre, which is in keeping with the emerging market profile and development interest in these key employment areas while upholding the critical and strategic directions set out in the OP and CPDP. This policy holds that an initial minimum area of 80 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 143 - 44 hectares of designated Prestige Employment land be serviced with trunk water and sanitary servicing concurrent with servicing Neighbourhood 16: Lamoreaux, all planned through the “Staged Servicing and Implementation Strategy” (section 11.34.a). The specific area proposed for this first phase is located between Sideline 26/Whites Road and Sideline 22. In addition, this development phase includes the concurrent construction of a new interchange with Highway 407/ETR and for Metrolinx to provide bus-rapid transit along Highway 407/ETR (section 11.34.b & 11.34.c)—it is worth noting that at present the new interchange is constructed and Metrolinx runs a Highway 407 express regional bus service with a stop at Brock Road. This infrastructure supports the development of the Prestige Employment lands in Seaton. Finally, the OP also provides direction for the creation of additional policy documents, specifically Sustainable Placemaking Guidelines for Neighbourhoods 20: Thompson’s Corners and 21: Pickering Innovation Corridor and for implementing Draft Plans of Subdivision to ensure high performance design and sustainability standards are required for development (section 11.36). Through the OP, direction is also provided to require Neighbourhood Plans for Neighbourhoods 20 and 21 to identify and protect for higher intensity employment uses near the Highway 407/ETR Transitway stations in the Prestige Employment designation, which are to be considered long-term intensification areas (section 11.35). The OP further encourages the identified long-term intensification areas be used for increased office development via the intensification of nearby commuter parking lots over time (section 11.35). 3.3.1.1 OP Policy Takeaways & Considerations •There are three main land use designations that are used to guide development on employment lands in Pickering, they are: General Employment, Prestige Employment, and Mixed Employment. Prestige Employment in Seaton contains two sub-designations, Prestige Employment General and Prestige Employment Node. The land use designations all permit different ranges of industrial, office, retail, and institutional uses with certain locational or operational criteria to adhere with. These land uses guide the zoning by-law that then implements more specific development parameters such as building height, building setbacks, and the details of the use. •From a policy perspective, the economic strategy and vision are in alignment with the Growth Plan. There is a unified vision for the development of employment lands as transit-supportive with a compact built-form between the provincial, regional, and local land use policies. When it comes to the more specific policies addressing employment land uses, Pickering is currently facing limitations for best maximizing economic development opportunities in line with the provisions in the Growth Plan as a result of the limitations of the CPDP. In effect, the Growth Plan was amended and updated to City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 144 - 45 reflect more recent market conditions and economic realities, while the CPDP was not reviewed and updated concurrently. •As noted previously in this report, the significant focus on office type uses within the Seaton Employment lands may have consequences for the achievement of targets for employment within the UGC and MTSAs, which is where the Growth Plan directs a significant amount of office uses. This is not to say that office uses are not appropriate for the Seaton lands, but it will be critical to strike a balance between the quantum of office type uses in Seaton, the UGC and MTSAs in order to ensure a healthy overall local job economy. •Currently, retail uses are prohibited in the Prestige Employment designations, which is aligned with the directives of the Growth Plan. The Mixed Employment designation, which permits the same uses as Prestige Employment, does contemplate office uses and has a planned function that directs development to be accessible and located along arterial roads. This more closely adheres with the policy direction from the Growth Plan and provides flexibility for the City to maximize economic development and employment opportunities. •Freight and warehousing and logistics are prohibited uses in the Prestige Employment designation. While these are not typical uses that would be considered ‘prestige industrial’, there have been considerable changes in the way these uses operate that would, in some instances, be compatible with prestige type uses (for example warehousing facilities for consumer goods. As noted previously, intermodal freight facilities would be incompatible). Given the employment outlook described in Section 2.0 of this Report, and the supply and demand analysis described in Section 5.0 of this report it is appropriate for the City to consider providing a more flexible policy framework. This could take the form of establishing criteria under which warehousing and logistics could be permitted in the Seaton Employment Area, while upholding the foundations of the CPDP and without the need for amending the Official Plan and Zoning By-law. This would allow the City to remain economically competitive and would not conflict with broader Growth Plan directions which promote and support these types of uses adjacent to Highway 407. Ultimately, there may be opportunities for the City to achieve the employment targets without a strong focus on office-type uses by ensuring the employment objectives are met directly or through catalysts to other jobs in the City/ Region. •A major constraint for development of the employment lands in Pickering, is the lack of municipal servicing available to employment lands in Seaton Urban Area, particularly given that the employment lands in Pickering East and Pickering West are virtually built out, leaving Seaton the only option for new major employment development. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 145 - 46 Additionally, there are a number of front funding/ cost sharing agreements and obligations in place that a prospective purchaser would have to incur which may in some instances complicate the timing of development in Seaton. There is a policy directive from both the ROP and local OP for employment lands to have access to municipal servicing prior to development. This is a key factor in having ‘shovel ready’ parcels available for industrial developers, which in turn is critical for achieving employment growth targets in the allocated time frame and attracting and retaining new employment uses. It will be prudent for the City to ensure servicing in Seaton is brought on expeditiously. 3.3.2 City of Pickering Zoning By-laws The Zoning By-laws of a municipality work as a means to implement the policies found within the local Official Plan. In the City of Pickering, the lands are zoned according to six parent Zoning By-laws. The following parent Zoning By-laws currently exist for Pickering: •Zoning By-law 2511 & 2520 -Urban Employment areas (1963) •Zoning By-law 3036 -Urban Mixed Use and Residential areas (1965) •Zoning By-law 3037 -Rural and Open Space areas •Zoning By-law 7364/14 -Seaton Urban Area (2014) •Zoning By-law 7553/17 -Pickering City Centre (2018) The City’s in-force Zoning By-laws include a number of zones that implement the policy directions of the Official Plan and regulate development on employment lands and in Employment Areas, which are summarized below: •The Prestige Employment General (PEG) Zone permits light manufacturing, food processing, business services, graphics and design, educational/research data and communications uses, offices, ancillary retail sales, dry cleaning establishments, and storage and warehousing as an accessory use. The zone is located in the Seaton Urban Area (Zoning By-law 7364/14), within Neighbourhood 21: Pickering Innovation Corridor. While office uses are permitted within the PEG zone, the overall intent is to accommodate a range of industrial-type uses typically accommodated within prestige employment areas, including integrated “campus-type” projects. •The Prestige Employment Node (PEN) Zone permits business services, graphics and design, educational/research, visitor and convention services data and communications uses, offices, ancillary retail sales and the following uses provided they are located in an office building: hotel, or multi-unit industrial building; commercial fitness/recreation centres, medical offices, restaurants, bake shops, cafes, personal service shops, day care City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 146 - 47 centres, dry-cleaning distribution stations, convenience stores and financial institutions. This zone is located in the Seaton Urban Area (Zoning By-law 7364/14), within Neighbourhood 21: Pickering Innovation Corridor (clustered adjacent to the Whites Road-Highway 407 interchange). Industrial-type uses are not permitted, such as light manufacturing and food processing, with the intent that the PEN Zone would be more focussed on office-type uses along with other complementary activities such as visitor and convention centres. •The Prestige Employment – Heritage Lot (PE-HL) Zone permits graphics and design as well as data and communications uses, offices, restaurants, bake shops, cafes, personal service shops and day care centres located in the Seaton Urban Area (Zoning By-law 7364/14), within Neighbourhood 21: Pickering Innovation Corridor (located along Highway 407). •The Employment Service (ES) Zone permits the following uses, subject to certain locational criteria: offices, commercial fitness/recreation centres, medical offices, restaurants, bake shops, cafes, personal service shops, day care centres, dry-cleaning distribution stations, convenience stores, financial institutions, gas bars. This zone is in the Seaton Urban area (Zoning By-law 7364/14), within Neighbourhood 21: Pickering Innovation Corridor (located on the east side of Sideline 24). •The Storage and Light Manufacturing (M1) Zone permits recreational, commercial, storage and light manufacturing, as well as railway trackage and loading facilities uses within Pickering East and West Urban Employment areas (Zoning By-law 2511 and 2520). It is noted that the “M1-1” site specific Zone is applied to majority of the West Pickering employment area. This zone permits residential uses in the form of accessory dwelling units, in addition to select light manufacturing and office uses (section 16.3.2). •The Industrial (M2) Zone permits all uses permitted in the M1 zone, including limited residential for a caretaker/ night watchman, commercial, and industrial on lands within Pickering East Urban Employment areas (Zoning By-law 2511). •The Yard Storage and Heavy Manufacturing (M2S) Zone applies to lands for all uses found in the M1 and M2 zones, along with commercial, yard storage, industrial, as well as railway trackage and loading facilities uses within Urban Employment areas (Zoning By-law 2511 & 2520). •The Public Service (M3) Zone permits specific public organizations, commissions, and boards to use lands so zoned for a station, yard, building, park, or parkway within Urban Employment areas (Zoning By-laws 2511 and 2520). Table 3-3 provides a summary the permitted uses, prohibited uses, and planned function of the employment lands zones in the City of Pickering: City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 147 - 48 Table 3-3: City of Pickering Employment Zone Provisions Zones Location Permitted Uses Prohibited Uses Other Pertinent Provisions/ Regulations Prestige Seaton •Light manufacturing (i.e. assembly, processing, packaging •Retail stores Specific Uses permitted: Employment Employment and fabricating wholly within an enclosed building)•Outdoor storage •Office General (PEG) Area •Food processing (i.e. bakery, dairy, cannery, distillery,•Waste processing station, waste •Ancillary retail sales Zone brewery, meat processor) •Business services (i.e. industrial supply, industrial equipment repair, contractor shop, service and repair shop) •Graphics and design (i.e. printing, publishing, graphic design, web design) •Educational / research (i.e. community college, university, trade school, training centre, adult education, laboratory and research and development facility) •Data and communications (i.e. film, radio and television studio, call centre, data centre, programming and software development, phone, phone and internet provider) transfer station and recycling facilities •Freight transfer, trucking terminals and similar uses •Vehicle dealership, vehicle repair shop and automobile body shops •Places of worship •Elementary schools, secondary schools and private schools (section 6.3) •Dry-cleaning establishments •Storage and warehousing as an accessory use A maximum of 15% of the total gross leasable floor area of a use may be used for ancillary retail sales (display and retail sale of products manufactured, fabricated, processed or assembled on the premises). The maximum may be increased to 25% provided the total gross leasable floor area of the use is less than 1,000 square metres (section 6.2.d) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 148 - 49 Zones Location Permitted Uses Prohibited Uses Other Pertinent Provisions/ Regulations Prestige Seaton •Business services (i.e. industrial supply, industrial equipment •Retail stores Specific Uses permitted: Employment Employment repair, contractor shop, service and repair shop)•Outdoor storage •Office Node (PEN) Zone Area •Graphics and design (i.e. printing, publishing, graphic design, web design) •Educational / research (i.e. community college, university, trade school, training centre, adult education, laboratory and research and development facility) •Visitor and Convention services (i.e. hotels, Assembly, Convention or Conference Halls) •Data and communications (i.e. film, radio and television studio, call centre, data centre, programming and software development, phone, phone and internet provider) •Waste processing station, waste transfer station and recycling facilities •Freight transfer, trucking terminals and similar uses •Vehicle dealership, vehicle repair shop and automobile body shops •Places of worship •Elementary schools, secondary schools and private schools (section 6.3) •Commercial Fitness/ Recreation Centre* •Medical office* •Restaurant* •Bake shop* •Café* •Personal Service Establishments* •Day Care Centre* •Dry-Cleaner's distributing station* •Convenience store* •Financial Institution* •Ancillary retail sales Uses with a * are only permitted within an office, hotel or other similar multi-tenant industrial building. A maximum of 15% of the total gross leasable floor area of a use may be used for ancillary retail sales (display and retail sale of products manufactured, fabricated, processed or assembled on the premises). The maximum may be increased to 25% provided the total gross leasable floor area of the use is less than 1,000 square metres (section section 6.2.d) Prestige Seaton •Graphics and design (i.e. printing, publishing, graphic design, N/A Specific Uses permitted: Employment – Employment web design)•Office; Medical office Heritage Lot (PE-Area •Data and communications (i.e. film, radio and television •Restaurant HL) Zone studio, call centre, data centre, programming and software development, phone, phone and internet provider) •Bake shop •Café •Personal Service Establishments •Day Care Centre. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 149 - 50 Zones Location Permitted Uses Prohibited Uses Other Pertinent Provisions/ Regulations Employment Service (ES) Zone Seaton Employment Area N/A N/A Specific Uses permitted: •Office •Commercial Fitness/ Recreation Centre •Medical office •Restaurant •Bake shop •Café •Personal Service Establishments •Day Care Centre •Dry-Cleaner's •Distributing station •Convenience store •Financial Institution •Gas bar, including an accessory car washing establishment, convenience store and/or café. Permitted uses shall be clustered on a lot with a minimum of 4 retail / commercial units on a lot (section 6.2.a) ES zones shall abut an arterial road and be located within 100 metres of a signalized intersection and a transit stop (section 6.2.b) Only one gas bar shall be located within 100 metres of a signalized intersection (section 6.2.c) Storage and Pickering East •Recreational (uses permitted in O1 and O2 only when •Retail stores and retail operations (as Site specific M1-1 Zone only permits: residential uses (accessory dwelling units); Light and Pickering integrated with industrial subdivision)primary or accessory use) (section business offices, food preparation plants, light manufacturing plants, public uses, Manufacturing West •Commercial (open air markets, public parking lots, a 16.1.5)scientific or medical laboratories, and warehouses (section 16.3.2) (M1) Zone Employment Area business office, a professional office) •Storage and Light Manufacturing (a service or repair shop, a warehouse or distributing deport, a garage, a dry-cleaning/ pressing/laundry establishment, a creamery, a printing or duplicating shop, a bakery, a dairy) •Railway (railway trackage and loading facilities) (sections 16.1.1 – 16.1.4) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 150 - 51 Zones Location Permitted Uses Prohibited Uses Other Pertinent Provisions/ Regulations M2 Pickering East and Pickering West Employment Area •Commercial (open air markets, public parking lots, a business office, a professional office) •Storage and Light Manufacturing (a service or repair shop, a warehouse or distributing deport, a garage, a dry-cleaning/ pressing/laundry establishment, a creamery, a printing or duplicating shop, a bakery, a dairy, transport terminal for the loading and unloading of transport vehicles) •Residential uses, except for one dwelling unit for a caretaker, watchman, or other similar person employed on the premises (section 17.1.1) •Junk or salvage yard, an automobile wrecking yard, or any uses deemed noxious under the Public Health Act, R.S.O. 1960, Chapter 321 (section 17.1.3.c) •Retail stores and retail operations (as primary or accessory use) (section 17.1.4) N/A Yard Storage and Pickering East •Commercial (a retail coal, fuel, oil, coke, wood or lumber •Retail stores and retail operations (as N/A Heavy and Pickering yard)primary or accessory use) (section Manufacturing West •Yard Storage (bulk storage of fuel oil, coal, coke, wood,18.1.2) (M2S) Zone Employment Area lumber, builders supply yard, construction material yard and similar uses) •Industrial (any industrial or manufacturing use not prohibited by this or any other Zoning By-law) •Railway (railway trackage and loading facilities) •Salvage and wrecking yards, blood boiling, soup boiling, tanning of hides and skins, and other similar uses deemed noxious under the Public Health Act, R.S.O. 1960, Chapter 321 (section 18.1.4) Public Service Pickering East •Any station, yard, building, park or parkway owned or used N/A N/A (M3) Zone and Pickering West Employment Area by the Town [City] of Pickering, the County of Ontario, the Province of Ontario, the Dominion of Canada, the Hydro- Electric Power Commission of Ontario, the Bell Telephone Company of Canada, any public railway company or any Town [City] of Pickering School Board. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 151 - 52 3.3.2.1 Zoning By-law Policy Takeaways & Considerations •In the designated Employment Areas in Pickering East and Pickering West, the most prominent employment zones, in descending order are M1, M1-1, M2, M2S, with some M3. Generally, given that these Employment Areas are virtually built out and in a mature state, the future development potential in these areas would be through infill and intensification of existing employment uses. As such, it is likely that the provisions of the existing zoning in these areas are sufficient to support the City’s broader economic development objectives moving forward. •As noted previously in this report, there is a significant proportion of lands within Seaton that remain zoned Agriculture in the Zoning By-law. In essence, this impacts the “shovel readiness” of these lands. From an economic development and competitiveness perspective, this is a critical challenge for attracting new employment development in Seaton and could ultimately have implications with respect to achieving employment targets within the stated timelines of the CPDP and other policy plans. Because the lands are not currently appropriately zoned, any perspective employer would be required to go through a Zoning By-law amendment, which could take anywhere from 6 months to a year before the appropriate zoning is in place to allow for development to occur. It will be important for the City to implement the appropriate zoning on all employment lands in Seaton in the short-term to mitigate this challenge. The City is currently completing a Comprehensive Zoning By-law Review (CZBLR) exercise, which would consolidate all Zoning By-laws and ensure they are consistent with current legislation, guidelines, and best practices for policy. The City may want to consider advancing implementing the appropriate employment zones in Seaton prior to concluding the CZBLR exercise. Another option would be pre-zoning the lands with a holding provision to provide a platform for finalizing specific requirements to be dealt with through an expedited process (site plan and application to remove the Holding provision). •While there are various zones that permit employment uses throughout the City that would allow for a range and mix of employment uses, the reality is that the majority of the City’s existing employment lands are reaching maturity and full build out which poses challenges for attracting and retaining certain types of uses that are currently in demand such as warehousing and distribution. Accordingly, in order to remain competitive, it will be important for the City to consider relaxing permissions in portions of the Seaton Lands to permit a wider range of uses including warehousing and distribution. •As noted in the bullet above, and throughout this report, there are specific provisions that further restrict and prohibit certain uses in the Seaton Employment Area. Within City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 152 - 53 both the PEN and PEG zones, warehousing and logistics are not permitted. Based on industry trends and demand for these types of uses, which are increasing; and, the limited amount of employment land left in Pickering East and Pickering West to support these types of uses, The City should consider the extent to which these uses are permitted in Seaton within the PEG zone (the PEN zone should remain as-is, given the specific planned function of this zone to ensure appropriate development of prestige employment uses within nodes and gateways). This could take the form of establishing policies within the OP that set out criteria under which warehousing and logistics could be permitted and identifying those key node areas where land should be maintained for office and other prestige industrial uses. It could also involve the application of a Holding provision in the Zoning By-law so as to maintain the overall planned function of the Seaton Employment Area and ensure achievement of specific targets related to jobs, compatibility in use and the application of urban design principles to ensure buildings appear in alignment with more prestige industrial type uses. Assessment of compliance with these criteria would form part of an evaluation through a Site Plan application and an application for removal of a Holding provision. This would provide flexibility to address the market of today while maintaining sites over the long term for office uses. Similar approaches have been applied and/or proposed in other jurisdictions, including the Steeles-Redlea Regeneration Area and Oakville Green Health Oriented Mixed Use Node. 3.3.3 Central Pickering Development Plan (2012) In March of 2004, the Central Pickering Development Plan (CPDP) was enacted under section 2(1) of the Ontario Planning and Development Act, 1994. Following this, a Minister’s Zoning Order pursuant to Section 47 of the Planning Act was also put in place, which covered a portion of the Central Pickering Lands (the Duffins Rouge Agricultural Preserve) in Pickering. The CPDP builds upon the existing policy framework established in the PPS, the Greenbelt Plan, and the Growth Plan. The Development Planning Area that this plan affects is bounded by the CPR Belleville Line in the south, Sideline 16/Pickering-Ajax boundary in the east, Highway 7 in the north and the York-Durham Town Line in the west. At a policy-level, the directions of the CPDP have been implemented by the City and incorporated into the Official Plan through Official Plan Amendment 22 (OPA 22). As part of the CPDP, a new vision for Central Pickering was crafted, which envisioned the development of a sustainable urban community in Seaton that was integrated with a thriving agricultural community in the Duffins Rouge Agricultural Preserve and an extensive Natural Heritage System. Through the CPDP, 15 compact urban neighbourhoods were created to City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 153 - 54 provide a range of residential, mixed-use, and employment uses connected with natural heritage systems for the future residents. The CPDP is centered around eight (8) broad goals for the Development Planning Area. The following outlines the goals of the CPDP: •Natural heritage: The protection, maintenance and enhancement of natural features, functions and systems intended to sustain a viable and permanent natural eco-system. •Cultural heritage: The integration of cultural heritage into the new community fabric •Agriculture: Ensuring that the Pickering portion of the Duffins Rouge Agricultural Preserve is permanently protected for agricultural and conservation uses by fostering a healthy near-urban agricultural community. •Social, institutional, open space and recreational facilities: The provision of an appropriate distribution of facilities to serve residents, workers and visitors, linked by a network of parks and open spaces that complement the Natural Heritage System. •Transportation and transit: The provision of a transportation system that provides for choices in transportation mode and supports public transit. •Servicing: Ensuring the provision of a network of utilities required to serve the new urban community. •Employment: The provision of high-quality employment opportunities that reflect the needs of the community, with the identification of sufficient employment lands to generate approximately one job for every two residents with 30,500 jobs by 2031 and up to 35,000 jobs through long term intensification. •Housing and mixed-use: The provision of a range of housing types and densities that meets the needs of a diverse population, complements surrounding communities, and accommodates a population of 61,000 residents by 2031 and up to 70,000 residents through long term intensification at a density that is transit supportive. For each of the 8 goals of the CPDP, there are a number of objectives outlined and policies to direct land use planning matters for each goal. With respect to employment, the CPDP contains the following objectives for employment: •“Attract and sustain high quality employment opportunities that reflect the needs of the Central Pickering community, the City of Pickering and the Regional Municipality of Durham; •Provide sufficient opportunity for employment in the Development Planning Area to be balanced with population, with a ratio of approximately one job for every two residents; •Designate suitable employment lands for prestige employment uses in areas of high highway exposure and in proximity to the potential future airport; •Facilitate entrepreneurial employment and home-based employment by providing a range of opportunities for small businesses to grow and expand in appropriate settings City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 154 - 55 within the new urban community; • Ensure that employment areas are easily accessible by vehicle, transit, bicycle and on foot; • Ensure that large employment uses adjacent to residential uses are adequately screened and/or separated by appropriate buffers to provide a visual barrier separate employment uses generating substantial truck movements from residential uses, in order to minimize truck traffic through residential neighbourhoods; and, • Plan for a community that will accommodate 30,500 jobs by 2031 and 35,000 jobs in the long-term” (section 4.7). The policies of the CPDP indicate that the goals, objectives, policies and accompanying schedules shall be reviewed every five years by the Minister of Municipal Affairs and Housing, with the purpose of assessing the relevance and currency of the plan, including the scope of coverage of the Development Planning Area, in light of the changing market, demographic, social, environmental and economic conditions within Central Pickering. The last time the CPDP was amended was in 2012—nearly 10 years ago. It was not subsequently updated concurrently with the Growth Plan in 2017 and again as amended in 2019. Given the substantive global and local market and economic changes in the past 10 years, as described in Section 2 of this report, and the mounting pressures faced by the City to consider opportunities for employment uses in Seaton that are either not permitted, or would impact the ability of Seaton to achieve the 1 job for every 2 persons target set out in the CPDP, it may be prudent for the CPDP to be updated to reflect these realities. However, in accordance with the policies of the CPDP, the need for an amendment to the CPDP will be determined by, and at the sole discretion of, the Minister of Municipal Affairs and Housing. Based on preliminary conversations with representatives of the Ministry, it is understood that they are not looking at this time to amend the CPDP. This poses significant challenges for the City in terms of remaining economically competitive in a changing environment. 3.4 Past Studies Completed for the City In addition to the policy framework outlined in previous sections, there have been a number of development plans and economic development studies undertaken for Pickering which are summarized in this Section. 3.4.1 Highway 407 (Seaton Lands) Economic Development Study (Hemson Consulting Ltd., 2007) The Highway 407 (Seaton Lands) Economic Development Study (Economic Development Study) provides a proposed land use concept and implementation strategy for the Seaton Highway 407 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 155 - 56 employment lands. Published in 2007, the Economic Development Study identified market issues, economic development strategies, and policies that could maximize the economic, social, and environmental benefits generated by the lands for the Province. At that time, there did not appear to be much of a market for larger scale employment uses, such as warehousing and distribution and logistics. The vision was crafted on the basis that there would be significant office development and advanced manufacturing uses which would achieve the 2 to 1 employment ratio for Seaton. Section 2 of this Report provides a greater summary of the ways in which the market has shifted that would indicate that a reconsideration of the 2007 work may be warranted in a new economic and post-COVID context. Further to the purpose of the Study, the preferred types of businesses for the area and requirements for aiding marketing and servicing the lands are identified. Overall, the Hemson Economic Development Study projected land absorption to average about 16 hectares (40 acres) per year with higher absorption levels after the area gains market profile. This formed the basis for the employment targets and permitted uses in place today. It is anticipated that Seaton will be largely built out in about 20 years from the commencement of development. Based on the anticipated development commencement in 2010, this would see the Seaton Lands largely developed by 203018. There have been delays in the development in the Seaton Lands which would suggest that full development will be beyond the 2030 timeframe (the Region’s GMS/MCR has maintained the target and extended this to be over the period to 2051). The study also found that, in total, the lands located in the Seaton Highway 407 employment lands area provide about 330 gross developable hectares of employment land. Dependent on the employment density achieved at full build-out, it was expected that the Seaton Lands could provide approximately 16,700 to 20,000 jobs. Other estimates by Hemson Consulting suggested that the population-related employment in other parts of Seaton could result in up to 15,000 jobs, bringing the total potential employment of the Seaton to approximately 35,000. In the present context, these estimates appear to be out of date. Prior to the COVID—19 pandemic, population related employment ratios had been reduces as a result of on-line retailing and automated checkouts. The COVID-19 pandemic has significantly accelerated this as well. Based on market conditions at the time, the 2007 report found that the major industries that are anticipated to locate in the Seaton Lands are energy, auto, advanced manufacturing, information technology, and other types of manufacturing, warehousing and assembly. In addition, smaller industrial uses, such as commercial users within units in industrial multiples are anticipated. This Study found that due to the location of the Seaton Lands in the eastern 18 As indicated in this Report, to-date the Seaton lands remain largely undeveloped, and may or may not achieve the targets envisioned by the 2031 horizon. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 156 - 57 Greater Toronto Area (GTA), it is unlikely that a significant number of major warehouse distribution uses will be attracted to the area; however, that additional types of employment uses may one day locate within the Seaton Lands. As noted throughout this report, there have been further changes in the broader economic and market context that further support the need to provide opportunities for additional types of employment uses in Seaton. Additionally, it is important to note that previous perceptions that warehousing uses could not exist compatibly with prestige employment uses have changed over time as a result of the way in which warehousing uses are built and designed in the present-day context (see Section 4.2.1 and 4.2.3 of this report for further discussion). Ultimately, the 2007 findings do not fully reflect current conditions. The Study indicates that a key factor in the future prospects for the Seaton Lands is the availability of a range of potential parcel sizes with the potential for quick transportation access. Due to the location of the Seaton Lands within the Durham Region, the Study determined there is potential for additional opportunities for the area if the Pickering Airport is developed and because of the proximity to the University of Ontario Technical University (UOIT). Most critical for supporting the development of the Seaton Lands was found to be the need for water and sewer servicing, along with new and improved highway interchanges and linkages. Essentially, the findings of the study indicate the lack of “shovel readiness” of the Seaton lands is a limiting factor of the realization of the vision for Seaton. Through the Economic Development Study, a Proposed Land Use Concept was created. The key features of the Land Use Concept (see Figure 3-4) are: •Key sites are reserved for office-oriented development. •Flexibility in land use is provided within the Prestige Employment Designation while still promoting high quality development. •Major warehouse-distribution uses are limited to an area in the northwest part of the Study Area. •Use of the natural heritage system as a cue for higher order office-focused uses. •Provision of an interconnected road system to provide access to all development parcels. •Local road pattern providing for a balanced range of lot sizes and flexibility in accommodating both small and large users. •Continued reservation of rights-of-way for the future Highway 407 Transit way and the ability to provide additional regional and local transit service” (Executive Summary B). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 157 - 58 To help implement the recommendations, the Economic Development Study advised that a phased development process be established, which involved a number of items that needed to be addressed by the City of Pickering, including: •The provision of water and wastewater servicing for the lands around the Highway 407 interchange at Sideline 26 and lands to the west. •Marketing initiatives and incentives to support development, such as the extension of major trunk services from the Seaton residential lands through the employment lands prior to selling large blocks of land to industrial developers and for provincial ministries to assist in attracting initial major users of the Seaton Lands. •Amending the OP, Zoning By-laws, and creating Urban Design Guidelines to provide policy direction for the intended development of the Seaton Lands •Improvements to the transportation systems, such as the widening of roads, construction of new interchanges with Highway 407, as well as the addition of regional and local transit service to the Seaton Lands. Determining guidelines with land owners for sustainable development and incentives to encourage developers to incorporate sustainable technologies within developments in the Seaton Lands. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 158 - LAND USE REVIEW PROPOSED LAND USE CONCEPT FOR SEATON EMPLOYMENT LANDS (HEMSON CONSULTING LTD, 2007) FIGURE 3-4 N ""' UJ z SOURCE: LEGEND -- ~ u.J z :J w Cl in PRESTIGE EMPLOYMENT PRESTIGE EMPLOYMENT OFFICE -ORIENTED CENTRE PRESTIGE EMPLOYMENT EXPANDED USES FRAGMENTED DEVELOPMENT SITES LANDSCAPED INTERCHANGE AREAS <.O N -COMMUNITY NODE (CPDP) MEDIUM DENSITY RES'L (CPDP) LOW DENSITY RES 'L (CP DP ) PROPOSED 407 TRANSllWAY STATION (1) -407 TRANSllWAY (1) w z :J w FEDERAL AIRPORT LANDS Q en HIGHWAY7 CONCESSION 5 (1) 407, Inte rc hanges , Transitway and Station areas as pe r dwg. "Hwy 407 ED Jan . 8/07" recieved from ORC/MTO (3) CPDP -Background Study -Stormwater Management, July 2005 (4) CPDP -Background Study -Servicing , July 2005 (2) CPDP-Background study -Cultural heritage, July 2005.Andre' Scheinman -Seaton Built Heritage Assessment. Nov. 2004, Map 6 .1 (5) GTAA-Pi ckering A irport Draft Plan Report , Fig 5.3 (6) CPDP -Tra ns porta tion Network , Schedule 4 -·-·-·-STUDY AREA BOUNDARY -NATURAL HERTAGE SYSTEM ( CPDP) -ADDITIONAL LANDS REQUIRED FOR 407 TRANSITWAY STATION (1) HAMLET -CULTURAL HERITAGE SITES (2) -STORMWATER MANGEMENT PONDS (3) ,~~ DILI..DN CO SULTJ NG 59 Figure 3-4: Proposed Land Use Concept for Seaton Employment Lands (Source: Hemson Consulting Ltd, 200719) 19 The brown coloured area north of Higheay 7 and west of Sideline 30 is where Hemson suggested warehousing could be considered, but it was not carried through in the Neighbourhood Plan. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 159 - 60 3.4.2 Seaton Employment Lands Economic Development Study Update (Hemson Consulting Ltd., 2015) Published in 2015, the Seaton Employment Lands Economic Development Study Update (Economic Development Study Update) provides an update to the Highway 407 (Seaton Lands) Economic Development Study (2007) due to the revised forecast for employment lands in the Greater Toronto Area and Hamilton (GTAH). After the publication of the Economic Development Study in 2007, the market outlook for the Seaton Lands, and the Canadian economy in general, was negatively impacted by the 2008-2009 economic recession. This resulted in significantly slowed demand for employment lands in Pickering into the early 2010’s. Thus, the Economic Development Study Update took into account the resurgence of the United States’ economy, the declining value of the Canadian Dollar, and the sharp decrease in energy prices at the time to provide an updated outlook for the development of the Seaton Lands. The Economic Development Study Update noted that, due to the disruptions caused by the 2008-2009 economic recession for industrial and manufacturing-type employment uses, the anticipated availability of development-ready parcels would be delayed until 2017. Despite this development disruption, Hemson Consulting concluded that the Seaton Employment Lands are anticipated to be the focus of major new greenfield employment development in the GTA East employment land market as there is a limited supply of employment lands elsewhere in Pickering and employment areas in the GTAH are aging. The Economic Development Study Update found that the demand for employment lands in Pickering is expected to increase along with population growth in the Seaton Community as the area presents one of the largest greenfield residential development opportunities within the GTAH. Overall, Hemson Consulting found there to be more lots with smaller configurations than the anticipated market demand for small lot sizes. In the Economic Development Study Update, it was noted that there is potential for lot consolidation to create larger parcels to accommodate larger industrial uses in the future. As outlined in the previous 2007 Economic Development Study, Hemson Consulting identified a variety of transportation improvements that were intended to facilitate the development of the Seaton Employment Lands. The improvements identified by Hemson Consulting included the widening and extensions of proximate roadways (section II.B.1) and introduction of local, regional, and provincial transit initiatives that would provide connections to and from nearby the Seaton Lands (section II.B.2). In terms of servicing, plans and timelines were largely finalized at the time of the Economic Development Study Update’s publication in 2015. The Region of Durham undertook an Environment Assessment (EA) in 2010 to provide recommendations for roads, water, and City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 160 - 61 wastewater infrastructure required to service all of Seaton. A phased approach to servicing was determined via the EA, which is summarized below: • The area to receive municipal servicing through Phase 1 are the lands located between Sideline 26 and 22, which will encompass 13,350 residential units and approximately 80 hectares (200 acres) of employment lands20. • The existing water services network must be expanded to provide service to the employment lands in Seaton. To achieve this, it was determined that the network of pumping stations and reservoirs would also have to extend to the Seaton Lands, or to the northern limit of the Seaton Lands (see Figure 3-5). • Wastewater servicing was anticipated to be available by spring 2017 for the employment lands, dependent on residential development to the south. • To support Phase 1 of servicing for the employment lands, Development Charges were negotiated to provide funding for the necessary infrastructure. o They would be a combination of Regional and local charges, while charges for water and wastewater services would be an area-specific charge for the Seaton lands. o The Development Charges are to be calculated based on site area rather than proposed building size, as a means to encourage higher density development while discouraging developments with high building-to-site ratios. • Following Phase 1, subsequent phases would provide for an additional 152 hectares (567 acres) of developable employment land. • This Study highlighted the need for telecommunications infrastructure to be implemented concurrently with other infrastructure development as it is also necessary to attracting and supporting users of the employment lands (section II.D). The Economic Development Study Update confirmed that the planning policy framework, including the PPS, Amendment 1 to the CPDP (2012), updated regulations for Airport lands, Regional and local OPs, as well as the Zoning By-laws all enable the development of Phase 1 to proceed. While this may have been the case in 2012, certain issues specifically around permitting warehousing and development, which may have been emerging at the time, were not captured in the update to the CPDP. In the context of today, where the pressures for warehousing and distribution development and other land intensive industrial uses are more prevalent and pervasive, the framework of the CPDP has become a barrier to the City’s economic competitiveness and put them in circumstances where prospective industrial developers have had to look elsewhere for suitable land that would permit these types of uses. 20 Seaton developers were required to bring trunk services through a previous agreement. Extending pipes to service individual properties is the responsibility of the new property owners. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 161 - ICKERING LAND USE REVIEW SEATON SERVICING SYSTEM PLAN (HEMSON CONSULTING LTD , 2015) F IGURE 3-5 0 .... C: 0 ... ~ .... 0 >. .... 0 Township of Uxbridge Lake On t ar io -------. NORTH KM --0 1 2 4 Ke >. .0 ~ .c: ~ .... 0 C: ;: ~ F,,~ Lout1011. G.:G!S1212636 Crtyof PF.,J,,enr.g Und U:ie Rev,ew'i'roducf'Ci~f,20220113 ELS RepomSutonA,.• Setv,'C.Jng Syctem Pl•n.rud J (10 "' iO I l eva te Wat Storage Tank le ID I Htghway407 ) Z ONE 2 r I ll I i \ 1, I - Legend CJ Natural Harnage System Hamlet Watt, Dlatrlbutl on System --Proposod Dlmbutloo Mai n --PIOposod FCGdonna!n FIMldllnnul (Assumed Exbting at llma ol DtM!lopment) A n Proposed Pump Station ■ 11 Proposed Reservoir --Pressure Zena Boundiuy o PtO$$ilrO Rodu~g Va/Yo WH&.water Collection System •-•-Eldai,QT S- --ProPQledlNl"A5-' -PYolXIMdSlrQtyS.- ._ Pl'OQOMCl~~nf- tllO - Schedu es Servlcl~ Syste m Map Prepared by: PFM Dill on Consulting Limited Map Checked by: KM Dill on Consulting Limited Ja nuary 14 , 2022 DILLON ONS U Cl'INC 62 Figure 3-5: Seaton Area Servicing System Plan (Source: Hemson Consulting Ltd, 2015) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 162 - 63 3.5 Summary of Policy Context and Gaps To support employment growth for a successful economic future, the planning policies at the provincial, Region, and City level are critical. Overall, there is a desire for compact development and increased employment growth that respects and enhances the existing natural heritage. Previous economic development studies anticipate that industrial, assembly, warehousing, some office, and commercial uses will be key in meeting these objectives. The following outlines the opportunities and gaps with respect to the policy context and the optimization of employment land in Pickering: •The PPS, 2020 and the Growth Plan indicate the requirement for the Region of Durham to identify long-term employment and population projections to 2051. o The ongoing Regional MCR/ GMS process has determined that there is a lack of available employment lands in the Region to support the targets set out in the Growth Plan. Settlement Area Boundary Expansions are anticipated to support the population and employment growth targets from the Growth Plan. o At present, the Region has yet to release population and employment growth targets for the City of Pickering, which precludes a robust assessment and recommendations for how to best accommodate increased population and employment growth to realize the full potential of employment lands in Pickering. However, it does put the City at an advantage to begin dialogue and discussion with the Region with respect to allocations for employment based on the work completed in this Report. •A considerable gap identified in previous reports, and confirmed through the analysis conducted in this update, is that the development of the Seaton Employment Lands can only commence once the necessary servicing infrastructure is in place to support users, as recommended in the 2015 Economic Development Study Update. At present, most of the Seaton Employment Lands do not have waste water, water, or telecommunications infrastructure in place thus hindering their “shovel-readiness” and ability to attract major employers. o Given the time that has passed since the publication of the Economic Development Study Update, the City has the opportunity to reassess the servicing strategy and timeline to support development. However, in any circumstance, it is critical that the servicing of the Seaton employment lands be expedited, particularly given that the remaining lands in the Pickering East and Pickering West Employment Areas are virtually built out. •There are also implications for Regional employment land needs if Seaton is unable to City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 163 - 64 achieve the optimistic employment targets set out in the CPDP. Overall Regional employment growth would be below forecast and employment land need would be understated. This result would not conform to the Growth Plan or mandated LNA method which requires that municipalities provide a sufficient supply of employment lands to accommodate the industry requirements of all types of users •To address this challenge, there is an opportunity to amend the Official Plan to allow for more flexible policy and regulatory framework that considers and permits a wider range of employment uses within the Seaton lands, while still maintaining conformity with the CPDP, in the absence of the Ministry initiating a review and amendment. As noted in other sections of this Report, similar approaches have been applied elsewhere whereby specific targets and requirements for development have been set out in Policy and Zoning with a Holding provision, which would require an applicant submit studies to demonstrate how targets will be achieved as part of an application prior to the H being removed (Steeles-Redlea Regeneration Area and Oakville Green Health Oriented Mixed Use Node). This could advance economic development goals and competitiveness of employment lands, while in keeping with both the policies Growth Plan, CPDP and overall planned function of the Seaton lands until such time as the CPDP is updated to reflect the current realities. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 164 - 65 4.0 Trends in Employment Land Development 4.1 Economic Trends in Relation to COVID-19 The current Coronavirus (COVID-19) pandemic has had significant and far-reaching global economic impacts. All economic sectors have been affected, some more so than others, and the full extent of the pandemic’s aftermath is yet to be seen. As explained in the Regional MCR/ GMS work and elsewhere, the overall effect of COVID-19 has been to accelerate a number of changes in work and industry that were already in place before the Pandemic. These are summarized, in brief, below. 4.1.1 Rise of e-Commerce and Surge in Logistics Demand Prior to COVID-19, traditional “bricks and mortar” retail platforms had already been under pressure from on-line retailing for some time. On-line retail sales have been rising in Canada and other jurisdictions for many years, with the effect that overall demand for retail square footage has effectively been ‘transferred’ to industrial land and building space. Other elements of e-commerce including the ‘sharing’ economy, food and grocery delivery and other goods- based delivery platforms have further contributed to this transition. Growth in e-commerce had already been driving a well-documented surge in demand for distribution space close to major urban centres, including in the GTHA. As noted in the Regional MCR/ GMS work, the goods movement sector has been focused in large employment areas within the Regions of Peel, York and Halton, with good highway access to the major trade corridors and markets in the US. Historically, the GTA East has generally not participated in the logistics market to the same extent as other communities to the west. However, this dynamic has shifted in recent years with the establishment of large distribution facilities such as Amazon, Panattoni, Toyota and others that are currently in the pipeline. As noted, the COVID-19 pandemic has accelerated this trend significantly, as lockdown mandates have expanded the rate of acceptance for on-line retailing well beyond what many thought was possible. As a result, the current industrial market is characterized by historically low vacancy, steadily increasing rental rates, and strong occupier demand. As the supply of available sites in more mature and established areas is steadily consumed, demand is being pushed to new locations including the Region of Durham. There is no evidence that these trends are changing and may in City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 165 - 66 fact accelerate, further reducing employment density and increasing demand for large parcels of accessible development lands in greenfield locations. 4.1.2 Improved Outlook for Manufacturing Since the 2008-2009 recession, manufacturing employment has stabilized and output (as measured by GDP) has increased. According to the Conference Board of Canada, the performance of the manufacturing sector has actually improved since 2009. While evolution in the manufacturing will continue, and plants will close from time to time, the magnitude of employment declines that occurred in the past are not expected to be repeated. On the contrary, the outlook for manufacturing has likely improved. One of the most significant impacts of the COVID-19 pandemic has been a disruption of global supply chains causing manufacturing delays affecting nearly all industries. The result of these disruptions has been a renewed interest in domestic supply chain resilience that could lead to an increased demand for local manufacturing facilities and associated logistics support. In our view, there is likely to be a much greater interest in the manufacturing sector moving forward, driven by changes to the supply chain to source more locally. Some sub-sectors have the potential to outpace expectations, especially as rates of technology adoption and the economics of small-scale local production improve. Two of the more likely outcomes are an increase in the near-shoring and reshoring of manufacturing capacity and increased automation to lower production costs and limit vulnerability to health risks. The outlook for the goods producing sector is more positive under this scenario, but likely with fewer employees (and more robots) relative to the past. This expectation bodes extremely well for the Region and City of Pickering given its unique focus on energy, manufacturing and technology, but likely means less jobs overall. However, its contribution in terms of output and as a catalyst along the supply chain will remain significant. From a planning and economic development perspective, there is no question manufacturing will play a role in new building space requirements, though the overall amounts may be unclear. While some sectors of the manufacturing sector have the potential to outpace expectations, it remains a sector at high risk for change and disruption. New space demand will likely be off-set by the simultaneous repurposing of older manufacturing space, as has been the case for many years, to accommodate a wider range of employment uses. 4.1.3 Shifting Major Office Market Prior to COVID-19, one of the key features of growth and development in the GTHA has been the surge of major office development in downtown Toronto. Pre-pandemic, most of the City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 166 - 67 existing inventory and almost all of the pipeline of new office development in the GTA (nearly 11 million square feet of space) was concentrated in the City of Toronto. This concentration of offices generally had the effect of reducing new space demand across other parts of the GTHA, including the Region of Halton, York, Peel, Durham and the City of Pickering. Notwithstanding an extended period of COVID-19 related vacancies, the attraction of the Toronto office market will remain. Recently this has become apparent in gradual return of workers as shown by increased leasing activity and increased foot traffic. A number of other large space occupiers have signaled their confidence in the return to the office by way of announcements on return dates and mandatory vaccination for employees. Over the longer-term, however, the major office market is expected to cycle back to a more even balance between Toronto and established suburban nodes in southern York, Peel and Halton, as well as emerging markets in Durham and Hamilton. A number of activities have relocated from downtown Toronto to more affordable communities and there are recent signs of a current uptick of tenants looking to move out of Toronto. Prior to COVID-19, there was also a long-standing increase in the ‘densification’ of office space especially for large new building in Toronto: a trend that has at least paused and will likely moderate over time given the current interest in distancing and COVID-19 safe workplaces. Other things being equal, this will likely lead to a great need overall for office space and evolution in the types and function of new space provided. Increases in remote working have also led to an interest in a range of new office models: the ‘hub and spoke’ concept, for example, which is characterized by a small central office augmented by other smaller offices or co co-working space closer to where employees live. Other models include central and/or regional offices combined with an array of co-working and meeting spaces, supported by virtual meeting technology. These trends, along with the overall attraction of new suburban office markets from a real estate cost perspective bodes well for the future of office growth. They likely do not, however, bode well for older and traditional tower locations with large numbers of small, cubicle-based work stations rather than a destination with an attractive purpose. 4.2 Trends in Land Use and Building Space The evolution of employment is driving a number of trends in the recent pattern of land use and real estate development, especially for major office and industrial industrial-type buildings. Some of these trends have been accelerated by the COVID-19 Pandemic in the short-term, and many of which are likely to at least continue and, in some cases, accelerate moving forward. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 167 - 68 These are summarized below. 4.2.1 Offices are increasingly Occupying non-Office forms (likely to be accelerated) Partly in response to the recent concentration (and rising cost) of major office space, an emerging trend in many communities outside the City of Toronto has been a broadening of the built forms in which office uses are choosing to locate, including co-working, flex space and industrial multiples. The prevalence of this type of space has become more widespread across the GTHA, including Durham Region and Pickering, and is likely to be accelerated by the COVID-19 situation as users explore new office models. In many ways, these office uses represent a different part of the market demand for lower-cost and high amenity work environments. These facilities tend to be well-located relative to the road and highway network, and in some cases on existing or planned transit. Compared to traditional tower locations, they tend to offer a better signage opportunity, parking ratios and the potential for more open work environments and units are frequently in large buildings that include warehousing capability which makes them attractive to a range of users. It is generally expected that the flex space market and other small scale office forms will continue to grow as new flexible work models evolve. Demand for co-working or other types of collaborative innovation space is also expected to accelerate as a result of the COVID-19 pandemic, as more firms move to a work model with multiple locations and facilities. Office uses are also being integrated in new buildings as part of larger manufacturing or warehousing spaces, increasing overall density. As noted in the Regional MCR/ GMS work, demand for office in greenfield employment areas is increasingly single-tenant (rather than competitive space) integrated with multi-purpose facilities. Many of the growing sub-sectors in advanced manufacturing such as energy, technology and clean technology require larger sites in a “campus style” setting to accommodate a mix of offices and other industrial uses such as warehousing and logistics (see Honda HQ in Markham as example) Ultimately, this is somewhat in conflict with Growth Plan policies to direct offices to the UGC and MTSA, as discussed elsewhere in this report. However, demand for office in employment areas must also be considered. 4.2.2 Buildings are Larger and More Efficient than in the past (likely to continue) Although lower in density from an employment perspective, the nature of industrial buildings City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 168 - 69 has changed considerably over the last 20 years. New industrial buildings today are much larger and more space efficient than their predecessors. Since the early 1980s, clear heights have steadily increased from around 12 to 20 feet to 36 feet and above, which has now become the industry standard. Lot coverage factors have also generally crept up over this time, from around 35% to as high as 45% or 50% in some central GTHA employment areas. These shifts in built form have led to a significant densification of job space and increase in the intensity of usable interior space of the past 20 years (in some cases, more than triple the amount of an older building on the same-sized site). Additionally, the price of serviced lands in these targeted lands mandate much less land being allocated to non-revenue generating uses, such as buffer and landscaping with much more process activity in the main building. 4.2.3 Other Models of Warehouse/Industrial Building Design are Emerging Other models of warehouse and industrial building design have also started to emerge more recently, including: •Urban Hybrid Industrial, in the form of small infill projects typically a mix of stacked strata office units and industrial space at grade. These types of buildings are starting to emerge in the City of Vancouver, see Figure 4-1, in an effort to encourage the growth of technology and service-related businesses in older employment areas. •Localized distribution hubs in central areas for large retailers to address “last mile” distribution challenges and remain competitive on delivery times, see Figure 4-2. At the same time, some existing “bricks and mortar” retail are also becoming sub-distribution centres for e-commerce activities, further transferring space demand to industrial facilities; and •Large-scale multi-storey industrial and ultra-high ceiling buildings with stackable heights of up to 100 feet and extensive automated storage and retrieval systems. Currently large-scale multi-storey distribution facilities are limited to denser urban areas in Europe and Asia and only just beginning to emerge in large US cities. Ultra-high ceiling buildings, however, are expected to become more common in Canada over time, especially in Vancouver, Toronto and other major urban centres with surging demand for distribution space, see Figure 4-3. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 169 - 70 Figure 4-1: IRONWORKS Mixed-use Commercial Industrial Development (Vancouver, BC) (Source: Image from ironworksvancouver.com) Figure 4-2: Amazon Warehouse, Logistics, and Delivery Facility (Cambridge, ON) (Source: Image from Google Street View) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 170 - 71 Figure 4-3: Blume Canada Automated Warehouse with Showroom and Training Centre (Mississauaga, ON) (Source: Image from Google Street View) 4.3 Growth Trends and Observations The City of Pickering has averaged a total of approximately 44,000 square metres (475,000 square feet) of non-residential development activity annually over the period from 2013 to 2021, representing around one-third of the overall Durham Region average of approximately 135,000 square metres (1.5 million square feet) over a similar period. Table 4-1 provides a summary of recent permit activity. Table 4-1: Summary of Non-Residential Development Activity by Major Sector Year Commercial GFA (Square Metres) Industrial GFA (Square Metres) Government and Institutional GFA (Square Metres) Total GFA (Square Metres) 2013 2,074 15,973 9,857 27,904 2014 4,255 300 11,132 15,687 2015 1,781 1,372 0 3,153 2016 4,619 4,056 1,711 10,386 2017 7,930 10,699 7,386 26,015 2018 16,827 430 4,754 22,011 City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 171 - 72 Year Commercial GFA (Square Metres) Industrial GFA (Square Metres) Government and Institutional GFA (Square Metres) Total GFA (Square Metres) 2019 119,276 5,803 0 125,079 2020 145,976 1,593 0 147,569 2021 0 16,967 1,944 18,911 2013-2021 302,738 57,193 36,784 396,715 Average 33,638 6,355 4,087 44,079 Share of Total (%) 76% 14% 9% 100% As shown, most of the space added has been Commercial (76% of the total). Industrial building activity has been a small share of the total (14% of the total) followed by Government and Institutional space (9% of the total). The focus of recent development activity on population- related uses reflects the City’s central location and proximity to the City of Toronto, as well as a very limited supply of developable employment area lands to accommodate industrial-type growth: largely the result of unexpected delays in bringing the Seaton employment lands to market as planned. At a regional level, recent non-residential development has been distributed more evenly across the major sectors, as illustrated by Figure 4-4 below, largely as a result of more readily available industrial lands in the other urban communities of Ajax, Whitby and Oshawa. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 172 - rce : Du rham Reg io n bu i ld ing perm its , de r iv ed by Watson & Associates Eco nom ist s Ltd ., 202 1. 73 Figure 4-4: Durham Region Non-residential Development by Major Sector (2011-2019) In more recent years, the City has seen an uptick in commercial permits especially in 2019 and 2020 as a result of Durham Live, a major mixed tourist-related employment use anchored by the Casino District, and ultimately anticipated to accommodate upwards of 10,000 jobs at full development, including 150,000 square feet of retail space, restaurants, a hotel and a major film studio. Although the relative share of industrial building activity has been relatively low, there are a number of notable developments and proposals that speak to an uptick here as well, including, but not limited to21: • Kubota Canada Limited: constructed an integrated campus-style facility on 27 hectare site within the Seaton Innovation Corridor, comprising 500,000 square feet manufacturing facility as well as an additional 65,000 square feet head office as the first phase of the development. It is understood that an additional 200,000 combined square feet of new office space, in two adjacent buildings, is also being contemplated as well as a new hotel and convention facility; 21 An industrial warehouse has also recently been completed, and is fully tenanted, located at 905 Sandy Beach Road; and, there is an active application for a 250,000 square foot industrial space at 1505 Streamside Court City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 173 - 74 • TriBro Studios: to construct, at full development a 400,000 square foot studio facility, in the short-term comprising two large 70,000 square foot sound stages, as well as a 100,000 square foot stage and a 50,000 square foot stage along with associated office space longer-term, as part of the large Durham Live complex noted previously • FGF Brand: poised to purchase a total of 149 acres within Innovation Corridor to create a manufacturing campus along Highway 7, which is anticipated to create 1,200 new full time jobs over time with construction anticipated to begin by 2023; • Hi-Tech Bay: which is currently located in Scarborough and will be relocating to Pickering with plans to construct 3 separate facilities of 100,000 square feet each, bringing over 200 high tech jobs to Pickering; and, • Amazon Canada: a site plan application has been submitted to construct a 180,000 sq. ft “last mile” delivery and sorting facility in the Brock Industrial Park, on an underutilized site formerly occupied by the Pickering Market. The facility is anticipated accommodate approximately 200 jobs on a 16-ha site, which translates into a relatively low density of approximately 12 jobs per net ha, as well as support additional jobs and economic activity through local delivery partners. 4.3.1 Durham Region Growth Trends Growth trends across Durham region are explained in detail in the Regional Growth Management Technical Reports, especially the Region’s Employment Strategy (Chapter 3). Of particular relevance to the outlook for Pickering and the Seaton lands are the following conclusions: • Employment overall has grown steadily over the past 20 years, from 190,000 jobs in 2001 to nearly 240,000 in 2018, as shown in Figure 4-5. The activity rate (the ratio of population to employment) of approximately 35% is relatively low compared to other municipalities in the GTHA and has declined somewhat over time, reflect the Region’s historic role as more of a ‘bedroom’ community that the other ‘905’ regions to the west. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 174 - % 36 % 36 % 300 ,000 • • ~4% 34 % 34% 35 % • • • 238 ,400 Q) ro -223 ,600 30 % o::: C 2 11 ,300 2 12 ,000 Q) ~ E 200 ,000 190 ,000 "> >, n _Q Q. 25 % ~ E C w Q) ro E ;§ >, 0 20 % a. 100 ,000 E w 15% 0 10% 200 1 2006 20 11 20 16 20 19 Yea r -E mpl oym ent ~Act ivity Rate Note: Employment activity rate is based on population including the net Census undercount. Source: 2001 to 20 16 derived from Sta tistics Canada Place of Work data . 2019 an esti mate by W atson & Associates Econom ists Ltd. 75 40 Figure 4-5: Durham Region Non-residential Development by Major Sector (2011-2019) (Source: Durham Growth Management Study: Land Needs Analysis) Although employment has grown over time, the currently estimated 2021 employment of approximately 242,000 jobs remains well below the anticipated employment in the Regional Official Plan of 350,000 jobs. Like the original Growth Plan forecasts, the 2012 forecasts also overestimated growth to 2021, in part because of the unexpected delay in the development of the Seaton Employment lands. With respect to the type of growth, the work conducted by the Region through the MCR/ GMS points to a number of emerging industry and labour force trends that have been accelerated by the current COVID-19 Pandemic, including: • Continued disruption of “bricks and mortar” retail establishments driven by the rise of e-commerce activity. The anticipated impact of this disruption going forward is a relative reduction in the need for new retail space, accelerating an existing trend towards increased automation within existing retail environments, reducing population-related employment. • The repositioning of existing retail assets to accommodate a wider range of use, especially older well-located shopping malls also appears to be accelerating. There are numerous examples in the GTHA of large retail owners seeking to intensify (with residential uses) and expand around existing offerings rather than build new, including City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 175 - C 60 0 60 ..... 0.. ._ 47 0 50 45 Historical Cl) ..0 Average , 32 <( "O 40 C ro .---.. .....J ro ..... ..c 30 C...., Q) Q) E -S >. 20 0 0.. E 10 w C 1 ro ..0 ._ ::> 2011 2012 2013 2014 2015 2016 2017 2018 2019 Year Source : De ri ved f rom Durha m Reg ion bu ilding permit and land supply data , by Watso n & Associates Eco nomists Ltd ., 2021 . 76 the SmartCentres Pickering proposal to redevelop a part of the Pickering lands at the intersection Brock Road and Pickering Parkway, among many others. • Accompanying the shift towards on-line shopping has been growing demand within the warehousing and distribution sector to serve the growing regional population base. According to the Regional MCR/ GMS work, recent demand for industrial space is largely associated with growth in the distribution and logistics sector. When coupled with record high rents and low vacancy noted earlier, the shift continues to drive the need for new industrial development and demand for competitive greenfield employment lands. • This demand trend is compounded by the continued recovery in the manufacturing sector, particularly Advanced Manufacturing, consistent with broader regional and Provincial trends noted previously. Of particular relevance are opportunities within the EN3 and Clean Energy Sector, consistent with the Region’s objective to transition to clean energy by 2051 and supporting investment in other economic sectors that will also require employment lands. From development perspective, employment land absorption has averaged approximately 32 net hectares (79 net acres) per year over the 2011 to 2019 period. Below, Figure 4-6 depicts the employment land absorption rates. Figure 4-6: Employment Land Absorption 2011 – 2019 (Source: Durham Growth Management Study: Land Needs Analysis) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 176 - 77 Smaller and medium sized parcels accounted for nearly all of this demand (77% of the total) with only a relatively limited share of larger 5 to 10ha parcels (13%) and greater than 10 hectare parcels (10%) absorbed over the period. These trends are unlike other GTHA municipalities to the west where average employment land absorption has been higher. For example, in York Region, absorption has ranged in the order 70 net hectares per year since 2011. The absorbed parcel sizes also tend to be larger, for example in the Region of Halton where nearly half of the employment land absorbed was for large parcels greater than 10 hectares in size. These trends confirm the findings of prior studies that the Durham market to date has been characterized by somewhat slower absorption and smaller site sizes. 4.4 Summary of Observations Based on the current Economic Context and review of Trends in Employment Land Development, a number of key themes are apparent, which help set the context for the discussion of employment land demand that is provided in the next section. In particular: • The rise of e-commerce and surge in logistics demand has been extraordinary by any measure. While the current pace of growth should moderate as the economy (eventually) returns to a ‘new normal’, there is general consensus that strong demand warehousing and distribution will remain beyond the current cycle. The outlook is positive for both greenfield and intensification scenarios, as shown by the Amazon “last mile” infill project noted previously. • The outlook for manufacturing is also quite promising, especially advanced manufacturing, driven by the imperative to “bring supply chains home” and source more inputs locally. This bodes well for the City’s key target sectors and Clean Energy industry. However, future growth will likely not be accompanied by significant new jobs as automation and other labour-saving technologies become a bigger part of the picture. • Throughout the GTHA, there is an expectation that the major office market will return to a more even distribution between downtown Toronto and established and emerging nodes including the Region of Durham. While the future is unknown, there is a general consensus that more space per worker (i.e. lower densities) and a more dispersed pattern of smaller offices or co-working space in accessible locations is one of the likelier outcomes. • These trends bode well for the future of office growth both on employment lands and other locations in the community, such as urban mixed-use environments. To, date many of the locations identified for more intensive, transit-oriented development within a Growth Plan context have not met expectations, especially those relying on significant major office growth. New opportunities, however, are expected to emerge as ‘hybrid’ City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 177 - 78 work models drive demand for more flexible office/industrial facilities in central locations. • New models of industrial warehousing have also emerged, which are much larger and space efficient. For the GTHA, the evolution towards large-scale multi-storey distribution facilities is likely a much longer-term proposition. Ultra-high ceiling models are the more likely next step in the densification of logistics, with interesting examples already emerging in the Vancouver and Toronto areas to the west. Local growth and development trends show a somewhat slower and relatively more population- oriented pattern of growth, which is consistent with a constrained supply of available lands to accommodate industrial-type growth. This pattern is anticipated to shift over time as the Seaton lands come on stream and other major commercial projects – such as Durham Live and other significant redevelopment proposals which contribute to additional development momentum across all economic sectors and building types over the period to 2051. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 178 - 79 5.0 Demand and Supply Analysis 5.1 Employment Growth Outlook by Type From an overall employment perspective, the Region and City are tracking behind previous expectations for employment growth. As noted, however, for the City this situation is explained by the very limited supply of available employment area lands and generally delays in the development of the Seaton area. Once the Seaton lands come on stream, both the population and employment growth profile in the community will change dramatically. The 2020 Growth Plan anticipates that employment in Durham will reach a total of 460,000 jobs in 2051. This forecast represents an increase of over 220,000 jobs, which represents a significant acceleration; approximately double the amount that has occurred over the last 20 years. Under the Growth Plan forecast, net out-commuting decreases and the current Activity Rate (the ratio of population to employment) stabilizes at around 35%. In accordance with standard land needs analysis, employment is allocated to the four main land use planning types: Population-related employment: which are jobs that exist primarily to serve the resident population in sectors such as retail, education, health care, local government and work-at - home employment, the vast majority of which are located in community areas; Major Office Employment: jobs contained within free-standing buildings more than 20,000 net square feet in size (1,858 sq. m). This definition differs from the size threshold of 4,000 square metres used in the Growth Plan for other planning policy purposes; Employment Land Employment: jobs accommodated primarily in industrial industrial-type buildings. The vast majority are located within business parks and industrial areas. However, some jobs can be found in older community areas and rural locations; and Rural-based employment. Jobs scattered throughout rural lands that typically include primary and other agriculture-related uses, small manufacturing or construction businesses run from rural properties and some associated retail, service or commercial uses. In the Regional MCR/ GMS work, jobs associated with temporary foreign workers in the agricultural sector are largely captured within the rural-based employment category. The categorization of the existing base and forecast Growth Plan employment to 2051, by Census period, from the Regional MCR/GMS work is reproduced below in Figure 5-1, for convenience. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 179 - 2016 2019 2021 2026 2031 2036 2041 2046 2051 2019-2051 2021 2051 2019-2051 Major Office 11 ,700 12,300 12 ,700 15 ,300 19 ,500 24 ,000 28 ,600 34,400 41 ,100 28,800 5% 9% 13% Employment Land Employment 69,400 71 ,800 72,300 85 ,900 97 ,900 109,000 121 ,300 136,400 153,400 81,600 30% 33% 37% Popu lation- Related Rural Total Employment 127 ,600 14 ,900 223,600 138 ,500 15 ,900 238,400 140 ,500 16 ,100 241,700 155 ,200 16 ,500 272,900 173 ,200 16 ,800 307,400 190 ,500 17 ,200 340,700 207 ,100 17 ,600 374,500 226 ,900 18 ,100 415,800 247 ,000 18 ,600 460,000 108,500 2,700 221,600 58% 7% 100% 54% 4% 100% 49% 1% 100% Note : 20 16 deri ved from Statistics Ca na d a Place of Work data . 2051 tota l employm ent confo rms to A Pla ce to Gro w : Growth Plan for th e Greate r Golden Horseshoe . Offi ce Conso lida tion. Aug ust 20 20. Figures ma y not add to totals d ue to round in g . Source : W atson & Associates Econo m ists Ltd ., 2021 . 80 Figure 5-1: Durham Region Forecast of Employment by Type (2011-2019) (Source: Durham Growth Management Study: Land Needs Analysis) The largest share of the existing base and forecast growth is population-related employment (49% of the total) followed by Employment Land (37%) and major office jobs (13%). Rural employment is anticipated to remain a small part of the overall City-wide employment base. Particularly relevant to this study is Employment Land Employment, which is forecast to grow by a total 81,600 jobs, and will be accommodated largely within the various industrial and business park designated in the local official plans, including existing areas in the City of Pickering and the future Seaton lands. 5.2 Market Characteristics and Competitiveness: How Well Suited is Pickering to Compete for New $? As described in the 2007 Hemson Economic Development Study and 2015 update report, the Seaton Lands have their own unique set of Strengths and Weaknesses. On balance, however, the corridor is extremely well-suited to accommodate job growth and new business investment, as summarized below. • The location of the Seaton employment lands is a key advantage— being proximate both to the new Seaton Community and having direct access to Highway 407 is an advantage for prospective employers. Improvements to Provincial highway infrastructure (including City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 180 - 81 Highway 407 but also 401, 412 and 418) as well as regional (GO) transit will improve connectivity between Durham Region, the Seaton Community and the rest of the GTHA, providing a significant advantage. • As discussed previously, there is a limited supply of developable employment lands in Pickering (not including the Seaton lands) with the result that the majority of future employment area job growth will need to occur along the Innovation Corridor and other abutting employment lands within Seaton. As existing locations elsewhere in the GTHA build out their available land supplies, Seaton will be drawn closer to the growing industrial markets to the west. • The Seaton lands have the ability to provide a range of site sizes and variety of parcels with an integrated Natural Heritage System appealing to prestige industrial and office- type uses. The long and narrow configuration, however, presents some challenges from an infrastructure cost perspective, especially on the south side of Highway 407 and infrastructure costs will be relatively high because of the configuration of the NHS features. • From a regional perspective, one of Seaton’s key advantages will be its ability to provide sites attractive for campus-style office and integrated multi-purpose facilities within an attractive natural feature environment at lower costs than Markham. Links with the well-established innovation cluster provide additional opportunities especially for the target sectors (MDB) that will occupy employment lands. • Until recently, many of the key challenges facing the Seaton lands were related to its relatively isolated location at the end of the 407. This situation has changed now that Highway 407 has been extended which, when completed, will provide access to a major 400-series throughway and ready easterly access to Highway 401 via Highway 412 on the west side of Whitby and Highway 418 east of Oshawa. With the first prestige employment operating (Kubota Canada Limited), the lands are beginning to establish the market profile and tone for the development of remaining areas over time. 5.3 Land Need: How much Land is Required to Accommodate Growth? Across the GTHA, growth in employment land employment is the key driver of demand for urban lands within the designated Employment Areas: the geographic areas typically planned to be occupied by, but not necessarily used exclusively for, employment land employment. Employment Areas tend to be where most industrial-type buildings are located, but also can accommodate major office, (for example in some of the employment areas in southern York Region), as well as a limited amount of population-related employment particularly those City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 181 - 82 providing services to the designated Employment Areas. Employment land employment is expected to occur across a wide range of economic sectors and built forms within the designated Employment Areas. Most population-related employment tends to be accommodated in existing locations (such as the existing Community and downtown areas) and through the normal course of secondary planning for new residential communities. Major office employment occurs under a unique market dynamic and at extremely high densities, which requires geographic proximity to major urban growth nodes in order to be accommodated. 5.3.1 Forecast of Growth on Urban Employment Area Lands In the Regional MCR/ GMS work, the profile of growth in the designated Employment Areas reflect these expectations, consistent with other GTHA communities. Virtually all of the Employment Land Employment (98%) is allocated to urban Employment Area lands, along with approximately 10% of the Region-wide population-related employment and 30% of the major office employment. Most of the major office employment is expected to occur in the Community Area, based on the expectation that urban mixed-use areas will become more attractive for office uses over time and in accordance with Growth Plan policy directions to direct major offices to such locations. The result is a total forecast growth on Urban Employment Area lands of approximately 99,500 jobs over the period to 2051, reproduced below in Figure 5-2 for convenience. Initially, the Regional work identified the need to designate approximately 1,351 gross hectares (3,338 acres) of Urban Employment Area lands via the new Regional Official Plan to accommodate the employment growth, under an assumption that 15% of the employment growth would be accommodated through intensification on existing employment lands. The March 2022 work completed by the Region has resulted in a revised employment area intensification target of 20%, which results in less new land required to accommodate the growth, in the amount of 1,171 hectares (2,893 acres) it is also important to note that the Regional work indicates that a Settlement Area Boundary Expansion will be required City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 182 - by Employment Land Use Category Employment Land Em lo ment ELE Population-Related Em lo ment PRE Major Office Em lo ment MOE Rural Total Employment Growth Region Wide 81 ,600 108,500 28 ,800 2 ,700 221,600 Employment Growth, 2019-2051 Employment Areas 80 ,000 10,900 8 ,600 0 99,500 Rural Based 0 0 0 2 ,700 2,700 Community Areas 1,600 97 ,600 20 ,200 0 119,400 Source : Watson & Associates Econom ists Ltd ., 2021 . Share of Region-Wide Employment Growth within Urban Employment Areas (2019-2051) 98% 10% 30% 0% 45% 83 Figure 5-2: Preliminary Forecast by type and Policy Area (Regional GMS – Employment Strategy Technical Report, 2021) 5.3.2 Comparison of Supply and Demand Employment Area land demand is estimated by the application of density factors to the forecast growth of 99,500 jobs over the period to 2051. The resulting land demand, shown in Figure 5-3, is compared to the available supply, and conclusions are reached on the need for additional supply. According to the Regional MCR/ GMS work, after adjusting for employment land conversions and long-term vacancy (sites not anticipated to develop over the forecast period) a total of nearly 1,200 gross hectares of additional lands are required to accommodate the 2051 forecast. Figure 5-3: Summary of Region Wide Employment Area Land Needs to 2051 Employment Area and Needs in 2051 Land Need (in hectares) Total Employment Land Demand, 2019-2051 2,950 gross hectares Designated Vacant Employment Land Supply Adjusted for Recommended Conversions 1,779 gross hectares Employment Area Deficit (Gross Hectares) 1,171 gross hectares Source: Watson and Associates Economists Ltd., 2021 It is understood that the estimated additional land needs include all of the currently designated supply in the City of Pickering, including the Seaton lands, as well as newly designated City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 183 - 84 employment lands. Demand is based on: • an employment density of 27 jobs per gross hectare (in accordance with the Growth Plan definition) which is higher than current estimated densities (approximately 14 jobs per net hectare) and generally lower than average employment densities for other uses, specifically office forms. • The land need assessment also anticipates that approximately 20% of the growth will be accommodated through intensification, such as expansions of existing buildings, additional development on already occupied parcels and other infill. 5.3.3 Role of the City of Pickering and Seaton Lands As noted, the regional forecast allocations to the local municipalities have yet to be confirmed, including the City of Pickering. However, based on recent and emerging trends as well as the Regional GMS estimates of employment growth by employment type and location it is apparent that Pickering and the Seaton lands will play an important role in accommodating growth. From a land use planning and economic development perspective, a number of key points warrant attention: • Under the current LNA, the entire supply of employment lands in the City of Pickering are required to accommodate growth, including the Seaton lands. • The Region is required to conform to the CPDP and, thus, the requirement of 1 job for every 2 persons must be considered in the context of the LNA. • Regional employment area land needs are based on an overall density of 32 jobs per net hectares, which is relatively low compared to other uses such as office, but consistent with emerging trends for key sectors driving demand for urban employment areas across the GTHA, especially large-scale warehousing and distribution activities along with some new manufacturing. • The general expectation within in the Regional LNA, however, is for the Seaton lands to develop at much higher-than-average densities – approximately 60 jobs per net hectare – consistent with the vision for these lands in current planning instruments and their strong competitive advantages. Again, this is ambitious and may not be reflective of the current market and economic conditions. • In a Regional context, the Seaton lands are therefore anticipated to play a major role in achieving overall growth management objectives, not only in terms of total employment but also broader goals to improve the balance of jobs to residents in the community, with a strong focus on office-type uses to achieve planned densities. • With servicing in place, there is likely to be very strong demand for the Seaton lands given current market trends, the proximity of the Innovation Corridor to the rapidly City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 184 - 85 growing City of Toronto broader GTHA employment base, and strong competitive advantages of the location within the GTHA market. 5.3.4 Absorption Estimates and Timing of Development To help inform the regional allocations of employment to the City of Pickering, an estimate of the potential absorption and time to depletion of the Seaton lands has been prepared. The estimate is based on the preliminary results of the Region-wide employment strategy prepared as part of the MCR/ GMS, in particular the total employment land need. According to the Regional MCR/GMS work, a total of 2,660 net ha of employment lands are required over the period to 2051. For GMS purposes, “net lands” are the area of the building and building lot excluding internal infrastructure such as roads and stormwater management. Based on the current ROP, most of the future growth in employment (approximately 80%) is expected to be accommodated in the southern urban municipalities of Pickering, Ajax, Oshawa and Whitby. Although the local allocations have yet to be prepared, it is reasonable to expect that the urban municipalities will continue to accommodate a large share of growth over the planning horizon. Based on the expectation that the urban municipalities accommodate 80% of the employment land demand, as with employment overall, this would translate into a total of approximately 2,100 net hectares absorbed over the period to 2051. Average annual absorption would therefore be in the order of 70 net ha per year, which is a significant increase from historic levels of market demand (absorption) that have averaged 32 net ha per year. Again, this is based on the Growth Plan forecast for a significant acceleration of growth Region-wide over the next 30 years. Based on the Regional MCR/GMS work, the Seaton Lands make up approximately 30% of the total vacant supply within the Highway 407 corridor, along with lands designated in north Whitby and north Oshawa. Applying the 30% share of land supply to the estimated annual absorption rate in the urban municipalities results in an average absorption estimate for the Seaton lands of approximately 20 net ha (50 net acres) per year. Table 5-1 provides a summary of the estimated absorption to 2051. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 185 - 86 Table 5-1: Summary of Estimated Absorption to 2051 Variable Demand Analysis Total Employment Land Demand Need (as shown in the Alternative Land Need Scenarios Assessment Summary Report, March 2022) 2,510 net hectares Share of Employment Area Land absorption allocated to Urban Municipalities (as reflected in the current ROP distribution of growth for 2031 horizon) 80% Estimated Demand (absorption) for Employment Area lands in the in the Urban Municipalities 2,010 net hectares Average Annual Absorption (total demand over the 30 years 2021-2051) 67 net hectares Share of Employment Area Demand Allocated to Seaton (as derived from distribution of vacant supply within the Highway 407 Corridor in Pickering, Whitby North and Oshawa North)22 30% Estimated Seaton Annual Average Absorption (average annual absorption x share allocated to Seaton) 20 net hectares Market Demand for Employment Area Lands 20 net hectares (50 net acres) Table 5-2 provides a summary of the assumed share of the demand for urban municipalities. Based on the analysis, it is expected that the overall annual average absorption in Seaton will be 20 net hectares (520 net acres). At a rate of 20 net hectares (50 net acres) per year, under the Regional GMS outlook for urban employment areas, the designated lands in Seaton would be depleted in approximately 11 years, as summarized in Table 5-2. 22 Based on available vacant land supply, there is a distribution of 254 net hectares in Seaton, 374 net hectares in Whitby North and 179 hectares in Oshawa North, for a total of 807 hectares. Thus, Pickering’s share is ~30% City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 186 - 87 Table 5-2: Summary of Assumed Demand for Urban Municipalities Variable Demand Analysis Total Net Land Supply (as shown in the Regional Employment Land Strategy) 254 net hectares Constrained Land (as shown in the Regional Employment Land Strategy) 5 net hectares Net Developable Vacant Land (supply-constrained lands) 249 net hectares Long-Term Vacancy Adjustment 10% Net Effective Vacant Supply 224 net hectares Estimated Absorption in Seaton Annually 20 net hectares Annual Absorption in Seaton, converted to Acres 50 net acres (20 net hectares) Time to depletion (net effective vacant supply/ annual absorption) 11 years As noted in the prior Hemson studies, absorption for the Seaton lands will likely follow the well- established pattern for greenfield employment areas, where development begins slowly as market profile is established, followed a period of more rapid absorption and then a gradual decline as the area builds out. As well, the amount of absorption in any particular year would of course be affected by the economic conditions in place and other factors such as servicing and the rate of delivery of new supply to market. Consistent with the broader regional outlook for employment, however, the overall amount of absorption for the Seaton lands is higher under the current Growth Plan forecasts than had been estimated in previous studies. That is to say, within a Regional context, under the updated Growth Plan forecasts to 2051, much more rapid growth would translate an accelerated level of market demand for the Seaton lands were they to maintain the same overall share of growth. In any event, there is little question that there will be very strong demand for employment area lands across the GTHA, including Durham region and the City of Pickering. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 187 - 88 Table 5-3 provides a summary of how the updated absorption rates presented above compare with the prior absorption estimates in the 2007/2015 Hemson Reports. Table 5-3: Summary Updated Absorption Rates Compared with Prior Absorption Estimates from 2007/2015 Hemson Reports Variable Prior Analysis (Hemson, 2015) Updated Analysis (Dillon/ Lorius, 2022) Total Demand Over Planning Period 1,741 net hectares 2,510 net hectares Forecast Average Absorption 70 net hectares per year (2006-2031 horizon) 87 net hectares per year (2021-2051 horizon) Share of Total Allocated to Urban Employment 75% 80% Urban Employment Area Absorption (annual) 52 net hectares 67 net hectares Share allocated to Seaton 30% 30% Average Absorption in Seaton (annual absorption x share allocated to Seaton) 16 net hectares 20 net hectares Seaton Average Absorption, converted to acres 39 net acres 50 net acres Net Supply 224 hectares 224 hectares Time to Depletion 14 years 11 years Ultimately, since the time of the previous studies, the analysis indicates that the average annual absorption in Seaton will need to be much higher than originally anticipated (50 net acres/ 20 net hectares whereas 39 net acres/ 16 net hectares was previously estimated). For the current study purposes, it would be reasonable to anticipate that current trends and the forecast employment growth Region-wide would translate into full development of the Seaton lands in 11 to 14 years. However, if the Seaton lands are unable to achieve the very optimistic density expectations set out in the current planning instruments, there is a risk that the planned distribution of growth by type (particularly major office) will not materialize as planned and the Region will not achieve the Schedule 3 Growth Plan forecasts. The key issue for growth in Pickering, therefore, ultimately rests with the amount of and type of new jobs that are likely to be accommodated on the Seaton Lands. We turn to this issue in the next section to discuss the land supply profile in the City to accommodate growth. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 188 - 89 5.4 Land Supply Profile A summary of the City’s designated employment land supply profile is contained in this Section. Further details and data tables to supplement this section can be found in Appendix B. The City has a total of 759.7 hectares (1,877 acres) of locally designated employment lands within Regional Employment Areas. Within these Regional Employment Areas, there is an additional 284.5 hectares (703 acres) of lands that are not locally designated for employment, but have some other land use designation (see Figure 5-4). The 284.5 hectares (703 acres) of ‘other’ designated lands were not included in the analysis. However, recommendations on their future land use are considered as part of this Study. It is noted that the supply analysis has already factored in the endorsed employment land conversion requests, as indicated in the December 2021 Recommendations on Employment Area Conversion Requests report to the Region. The designated employment lands are located in three main areas. There is a cluster of employment lands along the southeastern-most edge of the City, extending south of Highway 401 towards Lake Ontario and a small portion of employment lands located in the south west end of the City, south of Highway 401. These areas are referred to as Pickering East and Pickering West. A large portion of employment lands is located in Seaton, and are concentrated along the north and south sides of Highway 407. Most clusters of designated employment lands have a mix of occupied and vacant lands. To calculate this analysis of vacant and occupied employment lands, data originally produced by Watson & Associates Economists Ltd., was obtained from the Region of Durham. Dillon and Lorius did not conduct a new analysis of vacant, occupied, constrained, or underutilized employment lands for this Report. At the time the analysis was completed by Watson & Associates Economists Ltd. for the Region’s study, the employment lands in Seaton were not occupied. As a result, this Report presents limited data specific to the Seaton Employment Lands. Figure 5-5 provides visual reference of the location of the City’s employment lands by development status (vacant, occupied, underutilized, and constrained). Of the 759.7 hectares (1,877 acres) of land designated for employment use, 339.2 hectares (838 acres) (44.65%) are vacant, with the remainder being occupied. Of the occupied land, Watson & Associates have identified 130.4 hectares as underutilized and 22.1 hectares (54 acres) has been identified as having development constraints. As discussed previously in this Report, designated employment lands consist of three land use designations in accordance with the City of Pickering’s Official Plan. The designations include: General Employment, Prestige Employment, and Mixed Employment. The Prestige Employment designation comprises the largest proportion of employment designated lands, followed by General Employment and Mixed Employment. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 189 - 90 Based on the analysis, there are a total of 330.1 hectares (815 acres) of employment land in Seaton, all of which are designated Prestige Employment. This represents 43.45% of the total share of designated employment lands across the City of Pickering. Of this total, 293 hectares (724 acres) (88.76%) are vacant and 23.5 hectares are identified as being underutilized. At the time that Watson & Associates conducted their report for the Region, none of the lands were occupied in Seaton. Currently 14.6 hectares (36 acres) are occupied by Kubota Canada limited. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 190 - LAND USE REVIEW REGIONAL EMPLOYMENT AREAS BY OFFICIAL PLAN LAND USE DESIGNATIONS FIGURE 5-4 Township of Uxbridge ------------------, 0 -C: 0 ... ~ , .... 0 >, ;t:: 0 Lake Ontario Regional Employment Areas ~ Recommended Employment ~ Area Convers ion Employment c=J Genera l c=J Mixed -Prestige Other c=J Mixed c=J Community c=J Po t ential Multi Use >, .c ;!:: .c: s:: .... 0 C: ~ ~ NORTH KM --0 1 2 4 □ □ □ □ -□ - Key Map Low Density Medium Density Ru ral Prime Agricu ltura l Active Recreational Natural Seaton Natural Heritage System Cont rolled KM 0 1 DILLON CONSUL TI NC Map Prepared by: PFM Dillon Consulting Limited Map Checked by: KM Dillon Consultin g Limited June 08 , 2022 91 Figure 5-4: Regional Employment Areas by OP Land Use Designation City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 191 - LAND USE REVIEW REGIONAL EMPLOYMENT AREAS BY DEVELOPMENT STATUS FIGURE 5-5 Township of Uxbridge 0 ... C: 0 ... ~ -0 >, .t: u Q NORTH KM --0 1 2 4 >, .0 .t: .c: ~ -0 C: 3: ~ Lake Ontario Key Map Regional Employment Areas ded Employment Area Conversion Recommen Development Status LJ Occupied Land LJ Unde r uti li zed Land LJ vacant Land D Constrained Land 0 KM 1 / / / I , ., -'\ ~, ) -' I \ "ri-----... ,1 ---..., __ ., l ... -..,. ... ~ .. ~ •-.. J. ; .. , , '~ Lake Ontario ✓r--.--.. ·;:,-::-==::::::::::::i-~K~M~=======;2 ~ 0 0.5 1 DILLON CONSU i TING I ----.... ,--.J Map Prepar~d by; ~FM Dillon Consultin g Limited Map Checked by: KM Dillon Consulting Limited June OB, 2022 92 Figure 5-5: Regional Employment Areas by Development Status23 23 Data and mapping provided by the Region and reflects work previously completed and may not be up to date (e.g. Kubota is now developed) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 192 - 93 5.4.1 Vacant Employment Lands Currently, the City has a total of approximately 339.2 hectares (832 acres) of vacant employment land, with the largest concentration of vacant designated employment lands found in Seaton. This specific area is referred to as the Seaton Lands. Of the vacant employment lands, the largest share, 89.86%, are designated as Prestige Employment. Some vacant parcels, due to smaller sizes, fragmentation, odd configurations, access issues, or other constraints will likely not be developed. A more detailed description of the City’s employment land inventory by parcel size is provided in Appendix B. There are currently 293.0 hectares (724 acres) of vacant employment land in Seaton, all of which is designated Prestige Employment. The vacant employment land within the Seaton Lands represents 86.38% of the total supply of vacant land in the City of Pickering for all land use designations, while it represents 96.13% of all vacant designated Prestige Employment land in the City. Similarly, with the vacant land supply across the entire City of Pickering, some vacant parcels are unlikely to develop as a result of smaller sizes, fragmentation, odd configurations, access issues, or other constraints. A more detailed description of Seaton’s employment land inventory by parcel size is provided in Appendix B. The City has a total of 328 parcels that are designated for employment uses, with almost half (49.39%) being small in size ranging from 0 to 0.99 hectares in size. Parcels of land over 3 hectares in size are considered larger-sized parcels. In the City, there are currently 76 parcels over 3 hectares (7 acres), which are located predominantly in Seaton. These larger parcels may offer a more ideal opportunity for future employment growth and development as the size is able to accommodate larger, expanding business uses. In Seaton, there are a total of 79 vacant parcels designated for employment use. Of this total, a slight majority are small, ranging in size from 0 to 0.99 hectares. In Seaton there are 36 parcels that are larger than 3 hectares (7 acres) in size. These larger-sized parcels offer greater opportunities for future development and employment growth due to the size, which can accommodate a greater range of business uses. 5.4.2 Occupied Employment Lands 268.0 hectares (662 acres) of the City’s employment lands are currently occupied (refer to Figure 5-2). The majority of the occupied lands fall within the General Employment Designation. Details on the underutilized and constrained employment lands can be found below in Section 5.4.2.1 and 5.4.2.2, respectively. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 193 - 94 5.4.2.1 Underutilized Employment Lands In total, 130.4 hectares (322 acres) of employment land have been identified as underutilized. The parcels are located predominately in Pickering East, with some underutilized parcels in Seaton and Pickering West. These underutilized parcels account for 17.16% of the total employment lands in Pickering. The largest portion of underutilized employment lands is designated General Employment, with 91.4 hectares (225 acres) currently underutilized. The currently underutilized lands within the City’s employment area land supply provide the opportunities for employment intensification, in accordance with Regional GMS expectations. Evidence from the City of Toronto shows that employment areas do have the ability to evolve and accommodate new economic sectors. And, as noted, some intensification activity has started to emerge in the City of Pickering with the proposed Amazon ‘last mile’ facility on the site of the former Pickering Market. These trends of intensification are expected to continue. However, it is important to understand that Employment Intensification typically does not lead to substantial overall employment growth since new jobs added are typically offset by declines in the existing employment base elsewhere in the community. A good example of such declines is the decommissioning of the OPG facility over time, which will result in some job loss directly at the site and for other manufacturing uses associated with the value chain. In Seaton, a total of 23.5 hectares (58 acres) of underutilized employment lands have been identified (refer to Figure 5-5). All of this underutilized employment land is designated Prestige Employment. These underutilized lands account for 3.09% of the total employment lands in Pickering. 5.4.2.2 Constrained Lands In total, 22.1 hectares (54 acres) have been identified as constrained. Constrained lands are found mostly in the General and Prestige Employment designations with a small proportion located in Pickering East and the majority located in Seaton. There are no constrained lands identified in Pickering West. Within Seaton, the constrained lands identified are found only in the Prestige Employment land use designation and are generally located proximate to Brock Road and the 407 connection. 5.4.3 Employment Yield Analysis As noted in the Regional GMS, employment intensification is expected to continue over time especially in well-located and accessible locations such as the City of Pickering. Rapid population growth in the future residential components of the Seaton area is also likely to support the infill City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 194 - 95 and redevelopment of existing employment areas over time, not only for goods-movement activities, but also the range of professional services that tend to occupy space in employment areas. Employment intensification is, however, difficult to predict and as noted often does not lead to overall employment growth because of declines in the existing base. As a result, the vast majority of future employment growth potential in the city rests with the Seaton area employment lands. In order to provide further input to the Regional allocation of employment growth, a sensitivity analysis on employment yields for the Seaton lands Two development yield scenarios have been prepared to inform the current Regional GMS analysis and support recommendations contained herein. • Scenario 1 illustrates the outcomes required to achieve the in-force Official Plan and CPDP employment targets. In short, an optimistic outlook for major offices in a Region- wide context and high employment land densities are required to accommodate the employment growth vision under current land. • Scenario 2 provides a sensitivity analysis based on a less optimistic major office growth outlook and average regional employment densities. The result is a substantially lower employment yield for the Seaton lands, suggesting there may be a need to reconsider current expectations in the emerging economic context. Given the area’s unique competitive advantages, prior economic development studies have suggested that the Seaton lands could potentially attract up to 30% of the future Regional major office market over the planning horizon. Under the current MCR/GMS work, this would translate into approximately 8,500 jobs, which would be the entire regional allocation of major office jobs to the urban employment areas, as shown previously in Figure 5-4. Or in other words, the Seaton Lands would capture 100% of the future market for major office of this type, which would be an extreme expectation for the local allocation of growth. A more reasonable expectation would be for the Seaton Lands to capture a share of the forecast major office market of this type, varied to provide a range on development yields. As shown in Table 5-4 below, the development yields are based on a total net vacant land area of 254 ha, in accordance with the current Regional GMS work. Table 5-4: Land Areas for Calculation Land Area Type Area Total Land Area 330 hectares (815 acres) Gross Vacant Land Area (environmental lands removed) 293 hectares (724 acres) Net Vacant Land Area (per Region’s Employment Strategy Report) 254 hectares (627 acres) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 195 - – 96 5.4.3.2 Scenario 1 (Base Case) Analysis The base case analysis illustrates one potential outcome required in terms of employment density to achieve the current targets for Seaton. It anticipates that the Seaton lands capture 50% of the regional urban employment area major office employment. Very limited population- related employment is expected, in accordance with current zoning directions. The employment land density required is calculated from the residual jobs and land areas. Table 5-5 provides a summary of the Development Yield in Seaton under the Base Case Scenario. Table 5-5: Estimated Density Required to Achieve in force Employment Targets24 Base Case Scenario Land Use Elements Development Yield Major Office Employment (standalone), based on capturing 50% of total regional employment area market 4,250 jobs Major Office Density (jobs per net hectare) 200 jobs per net hectare Major Office Lands Required 21 hectares Population Related (not major retail, 2% net land) 5 hectares Population Related Employment 375 jobs Population Related Density 75 jobs per net hectare Employment Area Lands (remaining land) 228 hectares (563 acres) Employment Land Employment 14,175 jobs Employment Area Density Required to Achieve Target 62 jobs per net hectare Total Jobs 4,250 + 375+ 14,175= 18,800 Under Scenario 1, in order to achieve the forecast target of 18,800 jobs, the overall density that would need to be achieved in Seaton is 74 jobs per hectare, including major offices. For the employment land employment components (mostly modern industrial-type buildings) the density would need to be 62 jobs per net ha. This density is high relative to many other competing employment areas in the GTHA and would likely need to include a substantial component of campus-style integrated industrial, office, or other multi-purpose development, which are somewhat higher in density than logistics, but still well below the average for standalone major office developments. When compared with the regional average forecast density of 32 jobs per hectare and the historic average observed density in Pickering of 14 jobs per hectare, the overall density to be 24 Subject to revision as new or updated information becomes available City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 196 - - 97 achieved is quite optimistic within the GTHA context, especially in the eastern GTA. As noted in the Regional MCR/GMS, generally average density levels on employment lands are declining as result of surging demand for land-extensive warehousing and logistics facilities but also in the manufacturing sector, as noted, as result of efforts to increased efficiency and competitiveness through automation. As such, Scenario 2 below provides a sensitivity analysis based on less optimistic expectations. 5.4.3.3 Scenario 2 Analysis The Scenario 2 Sensitivity analysis illustrates the employment yield on the Seaton lands under a somewhat less optimistic set of expectations for major office growth and employment land employment density. It anticipates that the Seaton lands accommodate a reduced share of the total regional office forecast (30% as opposed to 50%). Limited population-related employment is maintained, in accordance with current zoning directions, and employment land employment yields are estimated at the average forecast density of 32 jobs per net ha. The results are shown below in Table 5-6. Table 5-6: Estimated Development Yields at Lower Employment Density25 Scenario 2 Land Use Elements Development Yield Major Office Employment (standalone), based on capturing 30% of total regional employment area market 2,544 jobs Major Office Density (jobs per net hectare) 200 jobs per net hectare Major Office Lands Required 13 hectares (32 acres) Population Related Employment 375 jobs Population Related Density 75 jobs per net hectare Population Related (not major retail, 2% net land) 5 hectares (12 acres) Employment Land Employment 7,561 jobs Employment Area Lands (remaining land) 236 hectares (583 acres) Employment Area Density Required to Achieve Target 32 jobs per net hectare Total Jobs 2,544 + 375+ 7,561= 10,480 Under Scenario 2, the Seaton lands would capture less of the regional major office market within urban employment areas, resulting in a somewhat greater amount of employment land employment, but at lower densities. At the Regional average forecast density of 32 jobs per net 25 Subject to revision as new or updated information becomes available City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 197 - 98 ha, the resulting employment land yields are approximately 7,500 jobs which is nearly half of the required amount to achieve the in-force targets. Overall employment yields under Scenario 2 are approximately 10,480 jobs at full development, which is substantially below the current OP and CPDP targets for 18,800. In order to implement considerations in Scenario 2, an amendment to the CPDP would be required to reduce the overall job targets to a more realistic number for the current economic context. As illustrated by the sensitivity analysis, and noted in the Regional GMS/MCR work, the results of the LNA and eventual allocation of growth to the local municipalities are quite sensitive to the overall average employment density assume for employment areas over the period to 2051. Notwithstanding the strong competitive advantages of the Seaton lands, and the current development vision, there are limits to what can be achieved through land use planning policy alone. Planning for a level of employment density that is beyond reasonable market expectations carries the risk that the planned type of development does not occur and the Region would not achieve the current Schedule 3 Growth Plan forecasts. 5.4.4 Summary The results of the analysis carried out in Sections 5.3.3.1 and 5.3.3.2 indicate a number of key themes that will need to be taken into account in the Regional allocations of growth and City’s official plan review and strategy work • From a regional demand perspective, it is clear that the entire supply of existing employment lands in the City is required to accommodate projected growth, including both the occupied and vacant land supply. • Based on the regional demand for Employment Area lands, there would appear to be a level of market demand that would have the Seaton lands absorbed in a relatively short period of time, between 10 to 15 years. The extent to which the City participates in this market relates to the uses currently permitted. • There is potential for employment intensification on underutilized parcels that is likely to continue and potentially increase, as evidenced by the growing demand for ‘last mile’ distribution facilities close to existing centres of population or areas forecast to grow rapidly in population such as the Seaton residential lands. These ‘last mile’ sites are typically internal, low visibility sites within industrial areas that have good access to major arterials and highways. They would not typically locate on “high cost/ high rent” sites that future office format uses would locate on. The City’s current land supply is nearly built-out, with a very limited supply of high-quality sites to accommodate modern industrial activity. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 198 - 99 • As a result, the City’s future employment potential – and the extent to which it will contribute to broader regional growth and policy goals – rests almost entirely with market prospects for the Seaton lands. • The outlook for many of the City’s key target sectors, especially advanced manufacturing and the energy sector, remains quite positive but will likely occur at lower densities than may have been envisioned previously as the result of automation and AI, both trends that appear to have been accelerated by the COVID-19 Pandemic. • It is also important to reiterate that most new modern industrial-type facilities are much larger and space efficient than their predecessors, including new generation storage and distribution facilities at very high clear heights and highly advanced sortation and retrieval systems, supporting a range of other activities across the value chain. • The potential for a substantially lower employment yield for the Seaton lands based on current market trends has implications for the broader Regional MCR/ GMS and suggests a need to potentially reconsider current expectations for the Seaton lands in the City’s official plan review and economic development strategies. A bifocal lens should be applied when examining the market context—a flexible policy framework which would allow the City to capitalize on current demand in emerging markets, while maintaining opportunities for longer-term office uses. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 199 - 100 6.0 Summary of Land Use Challenges and Opportunities Based on the analysis contained herein, there are a number of challenges and opportunities presented for the City to consider in relation to best positioning the Seaton employment lands for economic success moving forward. These are summarized, below. 6.1 The original plan for Seaton’s employment lands has not been reassessed since its’ inception nearly 15 years ago The vison for the Seaton lands relies on market prospects that would have had a focus on high- quality and high-employment generating uses, such as office and manufacturing. A number of market and economic conditions have changed since the time of the original CPDP. The outlook for major warehousing and logistics opportunities was not considered to be strong. The outlook was based on Seaton’s location in the wrong end of the GTHA, at a time when the market for warehousing and distribution was not attractive in the east. Prior studies of the Seaton lands have made note of these market changes and made recommendations for the consideration of expanding use permissions in Seaton. In fact, these recommendations are further echoed by the Region’s consultants as part of the Employment Lands Strategy prepared as part of the current GMS/ MCR. Notwithstanding, there has been no reconsideration of this or implementation of these directions and no consideration for reviewing and updating the CPDP, despite the policy directive to review it every five years. As noted throughout this report, there are opportunities for the City to consider, such as expanding permissions within the PEG zone to allow opportunities for new industries including warehousing and distribution and the creative economy which can act as catalysts for synergies in emerging markets; and, introducing a target-based policy approach and applying a bifocal lens to emerging market conditions and longer-term office employment uses. This would ensure the targets of the CPDP can be upheld through demonstrating catalyst jobs can be achieved to offset a lower employment land density more consistent with current-day market trends. 6.1.1 The market context has changed, especially through the COVID pandemic. All factors align with a compelling value proposition for the Seaton lands. COVID in particular has accelerated many of the factors driving demand for industrial land especially in the logistics sector, but also manufacturing. COVID has also likely resulted in some permanent shifts in the nature of work, especially the office market, toward more hybrid and mixed-use settings, as per City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 200 - 101 Growth Plan policies. Overall trends are towards lower employment density, generally, on the non-office side of things, but not always the case (for example, Amazon). Some new logistics facilities are at higher densities than ever, so not the same as envisioned in 2007. Notwithstanding, the expectations for employment densities are extremely optimistic. In order for Seaton to achieve the job yield and density targets previously (and currently) forecast, there would need to be a significant capture of the office market which would compete with other Provincial, Regional and local policy objectives for the distribution, promotion and location of large concentrations of office uses within Urban Growth Centres and Major Transit Station Areas, each of which have density targets assigned on the basis of capturing a certain component of the office market. 6.1.2 The Policy Context Reaffirms the Importance of Maintaining Economic Competitiveness The PPS and Growth Plan have both been recently updated. The PPS in 2020; and, the Growth Plan in 2019 (subsequently amended again in 2020). These policy documents reaffirm interest in economic competitiveness and the role of employment area lands, including PSEZs and other initiatives to ensure an appropriate supply is available. The growth forecast contained in the Growth Plan is significantly higher and has been described as “aspirational”. This brings a heightened importance to employment land, and in particular the Seaton lands to play a major role in achieving regional objectives. Moreover, the Province has now provided a mandated LNA, which directs municipalities to base land needs on appropriate densities to ensure no shortage of land to accommodate the full range and mix of employment to achieve forecasts of the Plan. This is confounded by the conflicting direction in an out-dated provincial plan—the CPDP—which is based on the assumption that the Seaton employment lands will develop with significant office type uses which have a high job yield. The CPDP, as currently structured, has a vision for employment that is “single-lens” focused on office type uses whereas the current market realities require a “bifocal” flexibility and nimbleness to capitalize on the opportunities of today while maintaining key areas for future office uses. The CPDP requires the Region to continue to apply targets for Seaton, being 1 job for every 2 residents, and 18,800 jobs on employment lands as givens in their LNA. In the absence of an amendment to the CPDP, as noted previously, the Region’s GMS/ MCR process is required to assess land needs on the basis of the CPDP which could have longer-term consequences to the City and the region, more broadly whereby the City and Region will need to continue to turn down prospective employment developers due to the prohibitive framework of the CPDP. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 201 - 102 6.1.3 The Evolving Market and Policy Context Raises Questions about the Vision for Seaton The current reality is that there is a very strong growth outlook on a regional basis and a big role for employment area lands in Pickering. However, the scarce supply of existing employment lands that would permit the types of uses anticipated based on the market outlook is a detriment— since Seaton lands being one of the only remaining areas in the City with vacant employment lands to accommodate new employment uses and they do not permit the types of uses currently in demand. This calls into question the original vision for Seaton as set out in the CPDP, as it limits what can be achieved on the ground and would require a significant share of the regional office market and high densities on the non-office component. This speaks to the need to work at all levels of government—Provincial, Regional and local—to expedite a review of the CPDP to re-establish a vision reflective of the market context; and, in the interim to implement a flexible target-based policy approach that could open up the door for some opportunities where it can be demonstrated that the overall 1 job for every 2 residents can still be achieved on the whole. 6.2 Options for Consideration Based on the findings contained herein, some action should be taken to address the gaps and revise the vision for Seaton. The difficulty, however, as noted throughout this Report is the current CPDP requirement that the Region must implement through its GMS/ MCR, with the challenge being related to the employment expectations. Based on consultation conducted to- date, there appears to be agreement that the targets and vision of the CPDP are out of date and overdue for review. There are a number of options the City can consider in order to foster an environment that is better able to respond to the economic and market conditions and realities of today. However, each of these options should be considered within the context of a joint/ partnership effort between the Province, Region and the City. These are set out below: 6.2.1 Amend the CPDP There is no question that a review and update of the CPDP is required. The last amendment to the CPDP occurred in 2012—nearly 10 years ago. With the policy direction in the CPDP indicating it should be reviewed in 5-year intervals, this review needs to be expedited. As noted previously in this report, however, preliminary discussions with the Province indicate that they would not be in a position to review the CPDP in the near future. This poses a challenge in that the Region will be required to carry the numbers and targets of the CPDP as part of their current LNA and MCR/ GMS process. MCRs are required to be completed every 10 years. As such, in the City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 202 - 103 absence of an amendment or updated to the CPDP in the immediate future, the next opportunity for the Region to consider this is a long way out. Ultimately, this does little to assist the City in seizing current opportunities for economic development. Recognizing this, it is recommended that the City and Region work together to continue a dialogue with the Province to emphasize the importance of expediting a review and update of the CPDP. It would also be beneficial for the Province, Region and City to work together to prepare a draft updated CPDP foundation study to inform the formal update of the CPDP. It may be advantageous to formally request this through a motion of Council, or otherwise. In addition to conducting a fulsome review and update of the market conditions and employment prospects in relation to establishing new targets and a wider range of uses on the employment side, this would also require an investigation of the impact of any changes on existing front funding agreements, Regional and local DCs. Another potential option put forward by stakeholders is to request the removal of the CPDP in its entirety, allowing the policies of the Growth Plan, Region’s Official Plan and City’s Official Plan to dictate growth in Seaton. The Official Plan Amendment 22, coupled with the Seaton Zoning Bylaw, are a more recent and comprehensive planning framework to facilitate both residential and employment growth in Seaton. The framework implemented and further refined the policies outlined in the CPDP. Removing the CPDP entirely was not an option explored or considered as part of this analysis and, as noted previously, was brought forward to City staff following engagement with stakeholders. This was also raised as a question of Council at the May 24th, 2022 meeting. The outcomes of the CPDP foundational study could conclude that repealing the CPDP, rather than amending it, may be appropriate. 6.2.2 Request a Minister’s Zoning Order for the Seaton Employment Lands Ministers Zoning Orders, or MZOs, are a powerful tool granted under Section 47 of the Planning Act. It allows the Minister of Municipal Affairs and Housing to make an Order to govern land uses with areas subject to the Order. The MZO would set specific requirements for new development and can be used to control land use in any area of the province, regardless of the underlying Regional or local municipal official plan designation. There is no set specific process for requesting an MZO, and they are issued by the Minister at their discretion. This could be in the form of a Council resolution and request in writing. An MZO could be used to expand the range of permitted uses, zoning requirements and, potentially, targets associated with certain lands in the Seaton Employment Area. The results of this study do not suggest or recommend that all of the land in Seaton is appropriate for this wider range of uses. There is still a need and viability for prestige-type employment uses within the key gateway nodes and other similar City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 203 - 104 areas which should be maintained for those uses. However, there are areas which could be opened up for more flexibility. These areas could be identified as forming part of an MZO area, with the permitted uses, zoning requirements and other terms of use set out in the MZO. Requesting an MZO could provide a more immediate-term solution for the City and Region to respond to urgent needs for the City to consider current opportunities for development. It would allow Pickering to be competitive in the current market while maintaining land for the future office market. However, they are highly political and contentious. Moreover, if there is not Provincial appetite to review and amend the CPDP at this time, it is unclear whether the Minister would entertain an MZO on this matter at all. 6.2.3 Amend the Official Plan to establish a target-based policy framework to allow consideration for a wider range of uses while maintaining the 1 jobs for every 2 persons requirement of the CPDP Recognizing the time constraints, it would take for a formal review and update of the CPDP, which is not entirely in the control of the City, another potential option for the City to explore would be to amend the City’s Official Plan to introduce policies that could open the door for considering some opportunities for employment uses that are currently not permitted, where it can be demonstrated a set of established criteria can be met. Again, the findings of this study do not suggest that all of the Seaton Employment Lands should be opened up for a wider range of uses. There is still a necessity to ensure prime gateway nodes and other similar areas in Innovation Corridor are maintained for only prestige employment uses to allow for future opportunities when the demand for office uses arises. Outside of these key identified prestige industrial gateway/ node areas, a target-based framework could be applied. As noted, there are some examples of other jurisdictions where this has either been implemented or considered in slightly different contexts. These are summarized generally, below: City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 204 - 105 Example Description Key Policies/ Considerations Steeles-Redlea Proposal for a comprehensive Introduction of residential uses (where Regeneration redevelopment of the site with a appropriate) provides an opportunity to Area phased, mixed-use, development that includes residential, office and retail floor space. Emphasis is on the policies for urban design and minimum employment on a site Urban design guidelines establish a framework for coordinated high quality development of the area to ensure appropriate development consistent with the OP, Growth Plan and PPS Applicants required to undertake analysis which confirm land use compatibility can be achieved; documents peer reviewed at applicant’s expense address housing affordability and provide catalyst developments with the nearby GO Station Targets established • Provision of affordable housing required • Provision of non-residential GFA in first phase of development • Pedestrian connections required • New development to provide for office employment uses Urban Design Guidelines developed to provide direction on open space, pedestrian connections, tower locations and building design Oakville Green Criteria proposed to allow for the Performance targets are tied to ensure Health Oriented redevelopment of the site as a employment uses are maintained/ Mixed Use Node Special Policy Area provided for Urban design and complete community objectives set out for permitted uses, minimum densities, the design of the district, parking, servicing, height, floor space index Policies for sustainability, transportation and community design are also established In the context of the Seaton Employment Lands, such a framework could include the following: • Identification of areas within Innovation Corridor on a land use schedule where additional uses may be considered (and identification of areas where these uses would continue to be prohibited, i.e. within the Prestige Employment Nodes) o Additional uses to be permitted: warehousing and distribution, logistics, and uses related to the creative economy • Identification of objectives to guide the consideration of when those additional uses could be considered (e.g. the development will emphasize a high quality of design, provide for an integrated and well-connected development with the surrounding area, promote sustainable practices) City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 205 - 106 • Identification of performance targets (e.g. demonstrate why the development would be a unique opportunity for the City and the Region, demonstrate how the development will achieve a minimum number of jobs per hectare on-site and demonstrate through a market study how additional catalyst jobs can be achieved within the broader area and that the CPDP targets would not be compromised as a result of the development) • Implementation of the same through applying a Holding provision on the lands where these additional uses may be considered, such that development could not occur until all requirements set out in the Zoning By-law and Official Plan have been met Similar to the joint-approach identified in Section 6.2.1, this should be completed in partnership with the Province, Region and City. The City and Region should develop draft OP Policies as the basis for consideration/ input in to the CPDP update and present these to the Province for approval in the interim until the CPDP update has been initiated. Development could then occur by way of a Zoning By-law Amendment Application, and evaluated by the City. 6.3 Recommendations and Conclusion Based on the options set out in Section 6.2 above, it is recommended that a hybrid of 6.2.1 and 6.2.3 be implemented. In implementing this, it will be critically important for the Province, Region and City to work together. The City should take the lead and work with the Region to complete a foundational study to inform the CPDP update; and, prepare the interim Official Plan Amendment to set in place a flexible policy framework during the transition period while the CPDP is being updated. Introducing some interim policies through an OPA at the local level, as provided in 6.2.3 would provide that interim relief while the CPDP is updated to align with other Provincial plans and policies and to better reflect current market conditions. Ongoing discussions with both the Province and the Region should continue in order to advance this. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 206 - 107 Appendix A: Summary of Regional MCR/ GMS Employment Strategy Documents City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 207 - 108 Region-wide Growth Analysis (July 2021) The Region-wide Growth Analysis (July 2021) provides an analysis of the Region’s long-term population, housing, and employment growth forecast within the context of provincial and regional policy, historical trends, and predicted future influences. The report includes the following key findings related to employment: • The total population for Durham Region is forecast to grow to approximately 1,300,000 persons by 2051, as per Schedule 3 of the Growth Plan. This represents a population increase of approximately 634,200 between 2016 and 2051; • Durham Region’s employment is forecast to reach 460,000 jobs by 2051, which an increase of approximately 236,400 jobs between 2016 and 2051; • The population and the employment targets set for Durham Region are forecast to increase at an annual growth rate of 1.9% and 2.1%, respectively; • Achieving both the population and employment forecasts will require a significant increase in housing construction and job growth than currently being achieved in Durham; • Approximately 87% of the forecast population growth within Durham Region from 2016 to 2051 is anticipated to be largely from net migration, primarily from intra-provincial net migration followed by international net migration; • The net migration anticipated for the Durham Region is expected due in part to the long- term economic growth prospects of the regional economy and of the surrounding ‘commuter-shed’; and, • There is an increased importance of net-migration for the Region because the current population is aging, which negatively impacts labour force participation rates and the labour force growth overall. To meet the population forecast for Durham Region, the level of annual net migration will need to be approximately two and a half times higher than it was between 2001 and 2016. Employment Strategy (September 2021) The Employment Strategy (September 2021) provides an assessment of trends in employment and analyzes the current state of the Region’s Employment Areas. The report includes the following key findings related to employment land and jobs to 2051: • To achieve the Region’s employment forecast for 460,000 jobs by 2051, a total of 236,400 new jobs are required between 2016 and 2051. This represents an average annual growth rate of 2.1%; • A Region-wide minimum Urban Employment Area density target of 26 jobs per gross City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 208 - 109 hectare is recommended; • 45 privately-initiated conversion requests and several areas identified by the Region have been reviewed in detail against the evaluation criteria endorsed by Regional Council in the spring of 2020 and 408 gross hectares (1,008 gross acres) of Employment Area lands have been identified as appropriate for recommendation for conversion to non-employment uses; and, • A shortfall between the total Employment Area available for development and the Region’s employment forecast for 460,000 jobs by 2051 was determined. As a result, it is anticipated that a Settlement Area Boundary Expansion will be required to designate approximately 1,150 gross hectares (2,800 acres) of Urban Employment Area lands via the new Regional Official Plan. The recommendations stemming from the Region’s Employment Strategy were grouped into five broad themes, which include: • Broad Economic Development Policy Objectives • Planning for Employment Growth within Major Transit Station Areas, Urban Growth Centres and Other Strategic Growth Areas • Planning for Urban Employment Areas within the Context of an Evolving Regional Economy • Protecting Urban Employment Areas • Planning for Rural Employment The recommendation pertaining to Broad Economic Development Policy Objectives is for the Region to recognize that the long-term planning for population and employment growth must align with the Growth Plan population and employment forecasts, as such there needs to be continued action to support growth and a balanced activity rate beyond the minimum prescribed by the Growth Plan (section 8.1.1). A more balanced activity rate is recommended to help the Region meet its ROP objective to support the development of healthy, complete, and sustainable communities that provide close live-work relationships for residents. In terms of Planning for Employment Growth within Major Transit Station Areas, Urban Growth Centres and Other Strategic Growth Areas, the focus of the recommendations from the Employment Strategy address the most appropriate location for office development and the promotion of employment growth and mixed-use development in MTSAs. It is recommended through the Strategy that major office development be directed towards UGCs and MTSAs and that Major Office be encouraged to locate within other candidate SGAs that have existing or planned frequent transit service. In addition, office uses should be encouraged within Regional City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 209 - 110 Centres and Corridors (section 8.2). Despite the emphasis on office development being directed towards UGCs and MTSAs, the Strategy includes recommendations for permitting office developments within Employment Areas in instances when such development cannot be easily accommodated within UGCs, MTSAs or other SGAs as well as for permitting smaller-scale office developments and larger integrated industrial developments in designated Employment Areas (section 8.2). The Strategy recommends that the Region encourage and support employment growth and mixed-use development in MTSAs. Specific means to do so include increased efforts towards improved infrastructure capacity for development, creation of area-specific policies to ensure that development within MTSAs adjacent to Employment Areas has appropriate design elements to limit land-use compatibility issues, to further assess development feasibility for office development in MTSAs, and to monitor development activity within MTSAs (section 8.3). These actions are recommended to aid in achieving density targets and related land use policy objectives for the specific areas. Given the changing demands for employment uses and built forms requiring accommodation in Employment Areas, the Strategy provides a number of recommendations to address Planning for Urban Employment Areas within the Context of an Evolving Regional Economy. A prior study for the Region, the Envision Durham Proposed Policy Directions Report, noted that due to structural changes in the larger economy, the built forms and type of employment uses being proposed in Employment Areas in the Region are changing. The predominant uses for these areas is shifting to light industrial, multi-tenant office, flex office, and multi-purpose facilities encompassing office, and non-office uses. With the changing built forms, uses, and needs of workers, the Employment Strategy acknowledges the need to recognize these new employment requirements while mainlining the availability of Employment Areas for traditional industrial and Business Park uses (section 8.4). To accomplish this, a number of recommendations were put forward to balance the changes required of Employment Areas to support an evolving economy while protecting the integrity of Employment Areas. The recommendations included: • Broadening and further defining accessory and supportive uses for Employment Areas (section 8.4.2) to help create more complete business parks or industrial areas. • To discourage major retail development in Employment Areas by updating the definition in the ROP to specifically include “large-scale or large-format retail stores or retail centres” to ensure that such developments be clearly prohibited or limited in Employment Areas through other ROP policies (section 8.4.3). City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 210 - 111 • For the ROP to be adjusted, so it states that the Region endeavors to achieve approximately 50% of all forecast employment to be accommodated in designated Employment Areas (section 8.4.4) • To plan for a minimum average density target of 26 employees per hectare for all Urban Employment Areas in the Region, in accordance with section 2.2.5.13 of the Growth Plan (section 8.4.5) • To encourage intensification of existing Employment Areas, especially for sites that support active transportation and are served by existing or planned transit, and to undertake an Employment Area intensification strategy (section 8.4.6) In Planning for Urban Employment Areas within the Context of an Evolving Regional Economy, the recommendations from the Employment Strategy focus on the need to preserve Employment Areas in the Region as a means to remain competitive over the long term. This includes expediting the servicing of designated Employment Areas through regional infrastructure projects to accommodate employment growth and intensification (section 8.5). A five-year supply of regionally serviced Employment Areas, with emphasis on medium and large sites, is recommended by the Employment Strategy (section 8.5). In addition to preparing ‘shovel-ready’ sites, it is recommended that the Region work with landowners to identify strategies to address potential barriers to development (section 8.5). As well, it is suggested that the Region should seek opportunities to make “quality of life enhancements” within Employment Areas and to continue to leverage the Region’s distinct economic and competitive strengths within the context of the broader GGH economy (section 8.5). Other recommendations for Planning for Urban Employment Areas within the Context of an Evolving Regional Economy include: • Expanding the supply of designated employment lands within the Urban System by 1,164 gross hectares (2,876 gross acres) via Settlement Area boundary expansions as identified through Phase 1 of the Region’s Growth Management Strategy (section 8.5.1). • Ensuring that the planning and development of future Employment Areas is undertaken in a sustainable manner through innovative design and development practices (section 8.5.2). • Expand the Region’s current Urban Employment Area land inventory monitoring system to better aid longer-term planning and land needs forecasting (section 8.5.3). The Region’s Employment Strategy highlights the importance of protecting the existing Employment Areas given the employment uses that these designated areas encompass are unique and cannot be easily accommodated elsewhere in the Region. There is an identified need to protect these areas for the long-term. As such, the recommendations for Protecting City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 211 - 112 Urban Employment Areas are: • To ensure employment area conversions are justified and the decision is made through a systematic approach and methodology, supported by the Growth Plan and ROP policies. At the time of the Employment Strategy’s publication, a total of 408 ha (1008 acres) of Urban Employment Area land was recommended for conversion to non-employment use in the Region (section 8.6). • The use of transitional policies and Secondary Plans are recommended for several of the Employment Areas that have been recommended for conversion to a non-employment use (section 8.6). • For sensitive land uses (i.e. residential) being developed within an MTSA boundary to have appropriate design elements to limit land-use compatibility issues with adjacent Employment Areas (section 8.6). Recommendations on Employment Area Conversion Requests (December 2021) On December 7, 2021 the Region released a report on Recommendations on Employment Area Conversion Requests. This report presents recommendations for the Employment Area conversion requests there were being considered through Envision Durham, and seeks Council’s endorsement on the recommended conversions. Looking specifically to the City of Pickering, this report has identified lands recommended for conversion. Recommendations from the report regarding the City of Pickering include: • Regional Council to endorse Employment Area conversion request for “CNR-10”, a 51.9 hectare site located at 1802 and 1902 Bayly Street and 2028 Former Kellino Street (referred to as “Durham Live Lands”) for conversion. o The conversion request was made in order to facilitate residential (up to 1,650 units including a portion of affordable housing units) and commercial/retail uses (up to 32,500 square meters). o Since submitting a formal Employment Area conversion request, a Minister’s Zoning Order was issued for these lands granting residential land use permission. o Regional Planning staff recommend CNR-10 for conversion and to recognize the land use permissions granted through the Provincial Misters Zoning Order O.Reg 707-20 amended by O.Reg 515-21. • To further facilitate the proposed residential intensification at this site, and elsewhere in the City, a new sanitary pumping station and force main connection to the York-Durham Primary trunk sanitary sewer is identified as a likely requirement. In addition, significant improvements to the area road network are likely required to support the proposed use, which will need to be determined through future studies by the proponent. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 212 - 113 Appendix B: Land Supply Summary Tables City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 213 - 114 Table 1 summarizes the total, vacant, occupied and underutilized lands in the City, while Table 5-5 includes a more detailed analysis of the Seaton Employment Lands.26 Table 1: City of Pickering Designated Employment Lands by Status OP Employment Designation Total Area (ha) Vacant Land (ha) Underutilized Land (ha) Occupied Land (ha) Constrained Land (ha) General Employment 299.6 21.0 91.4 184.0 3.1 Prestige Employment 409.6 304.8 27.4 58.6 18.9 Mixed Employment 50.5 13.4 11.6 25.4 0.1 Total 759.7 339.2 130.4 268.0 22.1 Table 2 provides a summary of the total, vacant, occupied and underutilized lands within Seaton, specifically. Table 2: Seaton Lands Designated Employment Lands by Status OP Employment Designation Total Area (ha) Vacant Land (ha) Underutilized Land (ha) Occupied Land (ha) Constrained Land (ha) General Employment 0.0 0.0 0.0 0.0 0.0 Prestige Employment 330.1 293.0 23.5 0.0 13.6 Mixed Employment 0.0 0.0 0.0 0.0 0.0 Total 330.1 293.0 23.5 0.0 13.6 Table 3 provides a summary of the City’s vacant employment land supply based on employment designation. Table 3: City of Pickering Vacant Employment Land Supply OP Employment Designation Total Vacant Land (ha) Percentage of Total Vacant Employment Land General Employment 21.0 6.19% Prestige Employment 304.8 89.86% Mixed Employment 13.4 3.95% Total 339.2 100% 26 This Report relies on data prepared by Watson & Associates for the Region’s MCR regarding vacant, underutilized, and occupied parcels. City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 214 - 115 The supply of vacant lands within Seaton is depicted below in Table 4. Table 4: City of Pickering-Seaton Lands Vacant Employment Land Supply OP Employment Designation Total Vacant Land (ha) Percentage of Total Vacant Land in Seaton Percentage of total vacant land in the City General Employment 0.0 0% 0% Prestige Employment 293.0 100% 96.13% Mixed Employment 0.0 0% 0% Total 293.0 100% 86.38% A summary of the City’s vacant employment lands based on number of parcels and size, is presented below in Table 5. Table 5: City of Pickering Vacant Employment Land Supply by Parcel Size Vacant Parcel Size (ha) Number of Parcels Total Area (ha) Percentage of vacant parcels in the City 0-0.99 162 78.3 49.39% 1-2.99 90 158.1 27.44% 3-4.99 32 124.9 9.75% 5-9.99 20 140.2 6.1% 10+ 24 542.6 7.32% Total 328 1,044.2 100% Table 6 summarizes the composition of parcel sizes within Seaton. Table 6: Seaton Vacant Employment Land Supply by Parcel Size Vacant Parcel Size (ha) Number of Parcels Total Area (ha) Percentage of vacant parcels in Seaton Percentage of Vacant parcels in the City 0-0.99 25 10.4 31.65% 7.62% 1-2.99 18 31.9 22.78% 5.49% 3-4.99 10 41.0 12.65% 3.05% 5-9.99 13 93.0 16.46% 3.96% 10+ 13 194.0 16.46% 3.96% Total 79 370.2 100% 24.08% City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 215 - -- 116 Table 7 summaries the City’s total occupied land by employment land use designation. The occupied lands are presented as three sub-categories of underutilized, constrained, and currently occupied (unlikely to accommodate additional development). Table 7: City of Pickering Occupied Employment Land Analysis OP Employment Designation Total Occupied Land (ha) Percentage of Occupied Land General Employment 184.0 68.66% Prestige Employment 58.6 21.86% Mixed Employment 25.4 9.48% Total 268.0 100% Table 8 below summarizes the City’s total underutilized employment lands by employment land use designation. Table 8: City of Pickering Underutilized Employment Land Analysis OP Employment Designation Total Underutilized Land (ha) Percentage of Underutilized Land General Employment 91.4 31% Prestige Employment 27.4 7% Mixed Employment 11.6 23% Total 130.4 N/A The underutilized employment lands located within Seaton are summarized in Table 9. Table 9: Seaton Underutilized Employment Land Analysis OP Employment Designation Total Underutilized Land (ha) Percentage of Underutilized Land in Seaton Percentage City wide by Designation Percentage City wide all Employment Designations Prestige Employment 23.5 100% 85.77% 18.02% Total 23.5 100% 85.77% 18.02% City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 216 - - 117 Table 10 provides a summary of employment lands considered constrained and unlikely to accommodate additional development. Table 10: City of Pickering Constrained Employment Lands Analysis OP Employment Designation Total Constrained Land (ha) Percentage of Constrained Land General Employment 3.1 14.03% Prestige Employment 18.9 85.52% Mixed Employment 0.1 0.45% Total 22.1 100% Table 11 provides a more detailed summary of the constrained employment lands in Seaton. Table 11: Seaton Constrained Employment Lands Analysis OP Employment Designation Total Constrained Land (ha) Percentage of Constrained Land in Seaton Percentage of Constrained Land City wide Prestige Employment 13.6 100% 72% Total 13.6 N/A 61.54% City of Pickering – Employment Land Strategy Review Dillon Consulting Limited & Lorius and Associates Final Report-May 2022 - 217 - PJ(KERJNG Report to Council Report Number: CAO 10-22 Date: June 27, 2022 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: Economic Development Strategy -File: A-1440 Recommendation: 1.That the Economic Development Strategy: Report & Plan (set out in Attachment 1) and Foreign Direct Investment Analysis (set out in Attachment 2), submitted by EBP US Inc., be received; 2.That the Economic Development Strategy: Report & Plan and Foreign Direct Investment Analysis, dated June 2022, be endorsed in principle; and 3.That the appropriate City of Pickering officials be authorized to take the necessary act ions as indicated in this report and action plan. Executive Summary: At the Council meeting of November 22, 2021, Council approved Report CAO 07-21 (Resolution #732-21) to retain EBP US, Inc. to undertake the Economic Development Strategy. An Economic Development Strategy for a municipality anticipates growth and illustrates how assets can together support an economically, environmentally, and socially sustained future. This is done by better understanding the economic ecosystems already in place, looking towards future opportunities and risks, and bringing people together to chart a path forward. The Economic Development Strategy will be the first strategy document for the City and will provide a roadmap to manage emerging trends, concerns, and challenges. During the course of the assignment, staff requested EBP US, Inc. (EBP) to produce a Foreign Direct Investment (FDI) Analysis document as an addition to the broader Economic Development Strategy to provide focused efforts on domestic and international investment attraction. EBP conducted the study in four phases. The first phase consisted of literature review by analyzing previously completed strategic project studies, plans, and promotional literature in order to understand the community. The second phase focused on data analyses to understand the labour force composition and industry trend. This included a reverse site selection analysis to compare Pickering to other municipalities. In the third phase, EBP conducted several stakeholder interviews from various industries to gain insights into doing business in Pickering. Finally, in the fourth phase, the collected information was developed into a research and strategy report. - 218 - CAO 10-22 June 27, 2022 Subject: Economic Development Strategy Page 2 The study concluded with an action plan categorized into six major themes: 1.Marketing 2.Local Communications 3.Business Support, Retention and Expansion 4.Workforce and Talent 5.Investment Attraction 6.Investment Servicing and Aftercare Each theme identifies sub-categories with detailed plans to advance each program including the timeframe, importance, and responsible party. The FDI Analysis, which supplements the Economic Development Strategy, highlighted the current FDI trends in Canada, Ontario, and Durham Region. Through the analysis, it outlined the priority sectors for Pickering and the relevant marketing and direct outreach to attract those businesses. Financial Implications: Not applicable to this report. Discussion: In December 2021, Economic Development & Strategic Projects staff, in coordination with EBP, launched the Economic Development strategic planning process. This process included a review of the City’s economic growth trends, best practices, relevant literature, and stakeholder interviews which was collected and analyzed to develop a robust action plan to grow our local economy. Literature Review: In the first phase of the Economic Development Strategy, staff provided EBP with an overview on City of Pickering including future plans for development and current identified strengths and weaknesses. EBP was also provided with economic base data to highlight the indust ry, job, and occupation information in the City. This also included building permit data, real estate data, and recent studies related to strategic projects. This phase established a base for EBP to conduct research and identify key opportunities and gaps. Data Analyses: During the second phase, EBP identified City of Pickering’s location quotient. A Location Quotient Analysis is used to indicate any industry concentration in a community relative to another community. Industries that were above average on employment bases in Pickering include Utilities, Retail, and Wholesale Trade. These industries have naturally expanded in Pickering whether it is due to supply chain, talent, or demand availability. When marketing Pickering, it will be key to note that these organic clusters have developed in the community and businesses could benefit from the existing ecosystem. They also noted that Finance and Insurance and Healthcare and Social Assistance were not as concentrated in Pickering. Therefore, these industries require more attention from staff through incentives, red tape reduction, marketing, etc. in order to see growth in these sectors. - 219 - CAO 10-22 June 27, 2022 Subject: Economic Development Strategy Page 3 Furthermore, a reverse site selection analysis with comparable communities revealed that Pickering, on the bases of competitiveness, has significant room for improvement. The 11 communities across Canada and United States were selected based on similarities related to key features such as population and location. Each municipality was ranked on ten priority factors for business site selection. Pickering’s lowest rankings were in occupation employment, labour force availability, and population compared to the availability in its peer communities. As a result, the City must enhance its messaging related to these factors and work on programs to bring talent closer to home. Target Sectors: Based on their analysis, EBP identified Pickering’s target sectors of Utilities, Manufacturing, Transportation and Logistics, Information and Culture Industries, Finance and Insurance, and Accommodation and Food Services. The opportunity matrix further prioritized the sectors through an analysis of sector growth, greenfield examples, and sufficient companies. Through this study, Transportations and Logistics, Information and Culture Industries, and Accommodation and Food Services were identified as the top three priority sectors. Stakeholder Consultation: Through a series of stakeholder interviews with the business and developer community, elected officials, Senior City staff, post-secondary institution, Ajax-Pickering Board of Trade, and Durham Region Economic Development staff, EBP identified major strengths, weakness, opportunities, and challenges for Pickering. The major themes across the interviewees included; vision for community identity, business and industry opportunities, workforce and talent. Action Plan: The action plan was divided into six major themes which are marketing, local communications, business support, workforce and talent, investment attraction, and investment services and aftercare. Specific activities and tools are recommended in order to implement each category. Each theme highlights specific tasks to achieve over a certain timeframe and priority level according to the department’s bandwidth. Staff will collaborate with departments and external stakeholders as necessary to action the relevant items. Action areas will allow the department to clearly define tasks and responsibility within the organization. Programs going forward will address one of the six areas to target focused and quality ec onomic development. The study includes examples of standard key performance indicators (KPI) for reporting on the progress of the investment program implementation. KPIs allow the team to be able to understand the amount of outreach completed in a year and set goals to increase capacity on an annual basis. KPIs outlined in the report include number of events attended, investment values, number of inquiries, inquiry turnaround time, and cases resolved with existing businesses. These indicators will also be used to inform the annual update to Council that accompanies the corporate budget. - 220 - CAO 10-22 June 27, 2022 Subject: Economic Development Strategy Page 4 Foreign Direct Investment Analysis: The FDI Analysis expands on the findings of the Economic Development Strategy: Report and Plan. It identifies Utilities, Manufacturing, Transportation and Warehousing, and Information as target sectors. The plan identifies direct outreach and marketing as primary methods of investment attraction. For direct outreach, site selector networking and industry networking are identified as key activities. This includes attending domestic and international trade shows, conferences, programs related to the sectors previously identified for attraction and form connections with businesses interested in expanding and relocating. In terms of marketing, this includes: Continue to collect and update competitive and business support information Continue to enhance online presence Establish and nurture relationships with key Canadian international investment partn ers The FDI report will be used to guide the department’s efforts to enhance investment attraction programs. Improved marketing tools will ensure that Pickering is represented digitally. Increased presence of staff and Members of Council at conferences, trad e shows, and events domestically and internationally will broaden Pickering’s network and generate leads in real time. Summary: Economic Development and Strategic Projects staff recommend that Council endorse the Economic Development Strategy: Report & Plan and FDI Analysis and authorize the appropriate staff to implement the outlined action plan. The strategy will allow staff to concentrate efforts and manage a variety of programs that optimize economic development opportunities. Attachments: 1.Economic Development Strategy: Report and Plan 2.Economic Development Strategy: Foreign Direct Investment Analysis Prepared By: Original Signed By: Approved/Endorsed By: Original Signed By: Laraib Arshad Fiaz Jadoon, Ec.D., CEcD, MPM Senior Economic Development Officer Director, Economic Development & Strategic Projects LA:la - 221 - CAO 10-22 June 27, 2022 Subject: Economic Development Strategy Page 5 Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 222 - 1 Attachment #1 to Report CAO 10-22 Economic Development Strategy Report and Plan City of Pickering June 2022 - 223 - EBP O City of Pickering Economic Development Strategy Contents Introduction ............................................................................................................................... 3 Methodology .............................................................................................................................. 4 Data Analyses ............................................................................................................................ 5 Location Quotient ..........................................................................................................................................5 Shift Share Analysis ......................................................................................................................................7 Cross-Analyses ..............................................................................................................................................8 Reverse Site Selection Analysis............................................................................................................... 10 Community Context ................................................................................................................. 15 Overall Context ........................................................................................................................................... 15 Community Identity ................................................................................................................................... 16 Current Challenges and Opportunities ................................................................................................... 17 Direction for Pickering ............................................................................................................................... 17 Implementation Ideas ............................................................................................................................... 18 Priority Sectors ........................................................................................................................ 20 Target Sectors ............................................................................................................................................ 20 Prioritization ................................................................................................................................................ 21 Action Plan .............................................................................................................................. 39 Marketing ..................................................................................................................................................... 40 Local Communications ............................................................................................................................. 42 Business Support, Retention, and Expansion ....................................................................................... 43 Workforce and Talent ................................................................................................................................ 48 Investment Attraction................................................................................................................................ 49 Investment Servicing and Aftercare ....................................................................................................... 51 Conclusion ............................................................................................................................... 55 Acknowledgements ................................................................................................................. 55 2 - 224 - EBP O City of Pickering Economic Development Strategy Introduction The City of Pickering is a vibrant municipality with a strong legacy of innovation and growth through technology, coupled with a remarkably high quality of life and of place. Pickering is growing – with a population of 100,000 expected to grow to 150,000 by 2036. In addition to this growth, Pickering lies at the heart of Canada’s largest market – over six million people within an hour commute – providing an ample, skilled, and diversified workforce for a variety of needs. The region is served locally by five Universities, including the University of Toronto and Ontario Tech University, and six Colleges, including Durham College, providing access to skills, training, and research assets across the spectrum. Multiple national and international companies already know the value of calling Pickering home, and key sectors include EN3 (energy, engineering, and environment), advanced manufacturing, and logistics. These are all important factors to be understood and harnessed in an Economic Development Strategy that anticipates growth and helps bring assets together to support an economically, environmentally, and socially sustained future. By better understanding the economic ecosystems already in place, looking toward future opportunities and risks, and then bringing people together to chart a path forward, the new Economic Development Strategy will be a roadmap for the City. This will allow the City and its stakeholders to better guide a variety of activities, including but not limited to business attraction, retention and expansion, employment and mixed-use land development, and potential industry sector targets. The City of Pickering now wishes to develop a fulsome strategy for fostering and attracting economic growth: •Make it more specific and relevant to the City’s attributes and unique strengths, •Identify the types of economic growth that are most appropriate to the City’s vision, and •Develop an Action Plan and Action Items to support this growth and investment attraction. 3 - 225 - EBP O City of Pickering Economic Development Strategy This report documents the results of the analysis performed for the City of Pickering to: •Re-examine the City’s unique competitive strengths, •Research and advise on specific subsectors, and •Develop an Action Plan. This Economic Development Strategy contains the analysis, insights, and resulting Action Plan to address the items above. Over the course of the project, the team examined commonly used demographic and foreign direct investment data, examined the City’s strengths, gained context through conversations with local businesses and other stakeholders, and forged a plan of action. Each of the sections below will provide a synthesis of the work performed, i dentify the key findings, and lay a framework for future action over the near and medium term. Methodology We used the following tools to build the Economic Development Strategy for the City of Pickering. These tools were designed to expand our understandings on: •How the City performs inside the community, through Literature Reviews and Interviews, •How the City performs outside the community, through Data Analyses, and •How the City can strategize and spearhead economic development, as noted throughout this Economic Development Strategy. We expanded our understandings on the City using the following tools: •Literature Review: The City provided documentation that covered previous studies and plans prepared for the community. These documents provided an understanding of the work already performed and executed for the community. •Data Analyses: We examined data related to the labour force compositions, which provided an understanding of the strengths and weaknesses associated with trends in the community. We constructed a Location Quotient Analysis and a Shift Share Analysis from this data. A Location Quotient Analysis compares the proportion of employment by industry in the community to the proportion of employment by industry in the country. In doing so, we then highlighted industry specializations in the local economy. On the other hand, a Shift Share Analysis compares any changes in employment by industry in the community to any changes in employment by industry in the country. In doing so, we then identified changes in employment unique to the local economy. 4 - 226 - EBP O City of Pickering Economic Development Strategy We also performed a Reverse Site Selection Analysis, which examined the City in a competitive context. By examining data for the City alongside that for peer communities, we were able to identify industry and use target types that would be a good fit for the City. •Interviews: we conducted a series of interviews with individuals involved in the economic activity in the community. These interviews provided significant insights into the strengths, weaknesses, opportunities, and challenges in the economic vitality of the community. These tools provided the framework for this Economic Development Strategy and ultimately, for future vitality in Pickering. Data Analyses Pickering’s strengths may be uncovered by examining employment levels and relevant changes over time. Location Quotient and Shift Share Analyses are two methods that help uncover these dynamics. Location Quotient A Location Quotient Analysis is used to indicate any industry concentration in a community relative to another community. This quotient is calculated by dividing the share of industry employment in a community by the average share of industry employment across the country. A quotient greater than one indicates that a community has an above average employment base in an industry, or an economic base. A q uotient less than one indicates that a community has a below average employment base in an industry. The following table depicts the relevant Location Quotients for Pickering against comparison points for Ontario and Canada. These comparison points provide context to support the Location Quotients for Pickering, as Pickering seeks to remains competitive relative to the rest of the country. 5 - 227 - EBP O City of Pickering Economic Development Strategy Table 1. Location Quotient Analysis Industry Pickering – Canada Pickering – Ontario Utilities 17.18 16.42 Arts, Entertainment, and Recreation 1.22 1.22 Retail Trade 1.18 1.26 Wholesale Trade 1.17 1.04 Construction 1.16 1.29 Waste Management and Remediation 1.11 0.95 Manufacturing 1.09 0.97 Information and Cultural Industries 1.06 0.95 Transportation and Warehousing 1.01 1.05 Accommodation and Food Services 0.99 1.05 Professional and Technical Services 0.81 0.72 Companies and Enterprises Management 0.79 0.83 Real Estate 0.67 0.65 Educational Services 0.64 0.66 Finance and Insurance 0.63 0.52 Health Care and Social Assistance 0.42 0.46 Public Administration 0.35 0.36 Agriculture, Forestry, Fishing, and Hunting 0.32 1.18 Mine, Quarry, Oil, and Gas Extraction 0.16 0.43 Source: Statistics Canada, ESRI Business Analyst. Excludes Other Businesses. These Location Quotients indicate that Pickering has above average employment bases in about half of the available industries. Some industries are also more concentrated in Pickering than the rest of the country, such as Utilities and Retail and Wholesale Trade. These underlying strengths in some industries suggest that supplementary support would prove valuable in the future. It should also be noted that some growing industries, such as Finance and Insurance and Health Care and Social Assistance, are not as concentrated in Pickering, suggesting that these industries may need more support from the City in the future. 6 - 228 - EBP O ■ ■ ■ City of Pickering Economic Development Strategy Shift Share Analysis A Shift Share Analysis is used to recognize industries considered to have comparat ive advantages in a community. A Shift Share Analysis ultimately compares any changes in employment by industry in the community to any changes in employment by industry in the country. We performed a Shift Share Analysis using employment information from 2016 and 2020, breaking down changes in employment by industry into the following driving forces: Mix Change Share Change Shift Share Changes happening across the country, but across a particular industry. Changes happening across the country, but across several industries. Changes that are simultaneously specific to an industry and a community. This is the change that points to opportunities and challenges for the City. Figure 1. Shift Share Analysis -300 -250 -200 -150 -100 -50 0 50 100 150 200 250 300 Mix Change Share Change Shift Share Source: Statistics Canada, ESRI Business Analyst. Excludes Other Businesses. 7 - 229 - EBP O City of Pickering Economic Development Strategy We can now look at an evolving economy, as seen in the Mix Change trends in the Shift Share Analysis. There were decreases in some industries, such as Accommodation, and increases in some industries, such as Utilities, across the country. Note that while there may be decreases in some industries, that does not mean declines, but rather that recent changes in employment are being outpaced in other industries. We can then combine the Mix Change trends with the Share Change trends, which show the expected changes in employment based on other factors across the country. According to the Share Change trends, there were significant decreases across many industries, particularly Retail Trade. We can then calculate the Shift Share from the difference between Mix Cha nge and Share Change, which represents any comparative advantages in a community, that are not explained by any remaining factors across the country. Pickering has experienced both positive and negative Shift Share trends across industries, which indicate that Pickering remains competitive relative to the rest of the country. Thus, these trends indicate that the employment base remains suitable to compete. Nonetheless, Pickering can work toward becoming more competitive in some industries, such as Health Care, as the City works toward economic vitality in the years to come. Cross-Analyses Although the Location Quotient and Shift Share Analyses provide intriguing insights on their own, analyzing both simultaneously can provide greater insights into the sub -sectors that can benefit from the City’s support. The table below lists the most competitive sub -sectors in the Location Quotient or Shift Share Analyses. Some sub-sectors were competitive in both analyses, suggesting that Pickering has both the existing and growing employment to serve as a potential hub. This cross -analysis also guides the Target Sectors identified in the Opportunity Matrix in this report. Table 2. Location Quotient and Shift Share Cross-Analyses 8 Code Description Location Quotient > 1.5 Shift Share > 50 221 Utilities 17.18 280 236 Construction of Buildings 98 312 Beverage and Tobacco Product Manufacturing 1.53 323 Printing and Related Support Activities 1.67 - 230 - EBP O City of Pickering Economic Development Strategy Code Description Location Quotient > 1.5 Shift Share > 50 325 Chemical Manufacturing 2.34 331 Primary Metal Manufacturing 2.28 332 Fabricated Metal Product Manufacturing 2.17 218 333 Machinery Manufacturing 1.52 74 334 Computer and Electronic Product Manufacturing 2.40 335 Electrical Equipment, Appliance, and Component Manufacturing 4.48 65 416 Building Material and Supplies Merchant Wholesalers 1.66 417 Machinery, Equipment, and Supplies Merchant Wholesalers 64 419 Business-to-Business Electronic Markets 2.78 443 Electronics and Appliance Stores 1.54 445 Food and Beverage Stores 63 448 Clothing and Clothing Accessories Stores 1.85 161 451 Sporting Goods, Hobby, Book, and Music Stores 2.99 94 453 Miscellaneous Store Retailers 55 485 Transit and Ground Passenger Transportation 83 493 Warehousing and Storage 6.15 244 511 Publishing Industries (Except Internet) 53 518 Data Processing, Hosting, and Related Services 1.71 9 - 231 - Population • Labour Force Ava ilabil ity • Tax Cl imate Assessment • Occupational Emp loyment • Transportation Accessibility • Housing Market Assessment • Annual Pe r Capita Wages • Educational Attainment • Standard of Living EBP O Access to Re lated Markets, Materials, and Partners Access to Resources and Business Environments Feas ib ility An aly sis of Cost s and Benefits City of Pickering Economic Development Strategy Code Description Location Quotient > 1.5 Shift Share > 50 519 Other Information Services 1.74 523 Securities, Commodity Contracts, and Other Financial Investment and Related Activities 104 561 Administrative and Support Services 262 562 Waste Management and Remediation Services 2.98 713 Amusement, Gambling, and Recreation 1.54 102 811 Repair and Maintenance 121 812 Personal and Laundry Services 104 813 Religious, Grant-Making, Civic, and Professional and Similar Organizations 80 Source: Statistics Canada, ESRI Business Analyst. Reverse Site Selection Analysis A Reverse Site Selection Analysis was conducted to understand how the City of Pickering matches up against its peers in a competitive context. The Reverse Site Selection Model includes a weighting and ranking analysis using actual corporate location decisi on factors. Factors compared in the model include: Figure 2. Site Selection Factors and Processes 10 - 232 - EBP O City of Pickering Economic Development Strategy Methodology Companies making expansion or relocation decisions typically undergo a multi -phase process of selecting the location that best fits its needs. T his process, the “Site Selection Analysis,” uses a data-driven approach to weight and rank locations based on a variety of categories, such as labour markets, access to markets, infrastructure, tax environment, and incentives, to name a few. The process continues to narrow down the list of options until a short list of options are selected to begin field confirmation of the business environment and contextual themes that data alone cannot reveal. The Reverse Site Selection Analysis assesses the community from a corporate project perspective. By reversing this analysis, a community can identify its own strengths and weaknesses as compared to its competitors, thereby helping it strategize how to capture opportunities by addressing threats and posit ioning for future growth. This methodology was applied to evaluate the City of Pickering. The City was evaluated against both Canadian and American municipalities that were chosen as comparable communities. Table 3. Comparator Locations Canada United States Cambridge Richmond Hill Surrey Aurora London Rocky View Waterloo Elk Grove Milton Strathcona Nashua General Results The first analysis was conducted using a standard weighting system that does not approach the benchmarking from a particular industry sector or activity, but instead generalizes the importance of the various assessment categories. Using this weighting system, the communities were then ranked on competitiveness, with 1 st being highest and 12th being lowest. The following table displays the regional scoring of the measures. It is important to note that these measures were standardized as much as possible between the two countries, so measures such as distance were standardized to kilometers or estimates of income were converted to the Canadian dollar. Even with this standardization taking place, some measures were not readily comparable between c ountries: this was most evident when looking at crime statistics in considerations for Quality of Life between the two countries. Even when comparing violent crime, it became evident that the basis of reporting types was far more stringent in Canada, causing more moderate infractions to be recorded in with statistics that made interpretations inconclusive. 11 - 233 - EBP O iilllllllll"aa1.~ •• ~~ City of Pickering Economic Development Strategy Table 4. Screening Outcomes Weight Categories Pi c k e r i n g Ca m b r i d g e Lo n d o n Mi l t o n Canada Ro c k y V i e w Ri c h m o n d H i l l St r a t h c o n a Su r r e y Wa t e r l o o Na s h u a United States El k G r o v e Au r o r a 20% Industry Employment 6 12 8 11 3 2 10 9 7 5 1 3 20% Occupation Employment 10 10 9 6 7 4 5 10 8 3 2 1 15% Educational Attainment 5 2 1 6 6 8 4 12 10 9 3 11 10% Household Statistics 4 8 12 2 6 3 1 7 10 9 5 11 10% Labour Force Availability 11 8 3 6 5 11 8 1 2 4 8 6 10% Transportation 4 5 12 2 1 11 6 7 10 3 8 8 5% Quality of Life 4 7 1 3 4 10 10 1 7 4 9 10 5% Population 10 1 5 2 10 8 7 6 3 3 12 8 2.5% Tax Regime 1 1 1 1 1 8 9 1 1 10 10 10 2.5% Wages 8 1 1 1 8 12 11 1 1 1 8 1 Overall Rank 10 1 2 3 8 12 11 5 6 4 7 9 12 - 234 - City of Pickering Economic Development Strategy 13 Overall Findings The following table looks at the advantages and disadvantages associated with the City of Pickering against these comparator locations, given the variety of rankings. Advantages Disadvantages Industry Employment Ranking: 6 •Above average share of jobs tied to industries that drive economic growth, such as Management of Companies and Enterprises and Administrative Support Services. Occupation Employment Ranking: 10 •Above average share of occupations in Business, Finance, and Administration and occupations in Social Sciences, Education, Government, and Religion. •Below average share of occupations in fields that drive economic growth, such as occupations in Management, against Canadian and American comparators. Educational Attainment Ranking: 5 •Above average share of population with higher education credentials, against Canadian and American comparators. •Below average share of population with trade school or apprenticeship program credentials, which may be necessary for target sectors. Household Statistics Ranking: 4 •Higher share of owned rather than rented housing. •Above average growth in per capita income, making Pickering a more attractive option for workers. •Below average growth in housing unit development, lagging behind Canadian and American comparators. Labour Force Availability Ranking: 11 •Smaller labour force, against Canadian and American comparators. - 235 - City of Pickering Economic Development Strategy Advantages Disadvantages Transportation Ranking: 4 Quality of Life Ranking: 4 Population Ranking: 10 • Median population age based in the early forties, slightly older population than Canadian comparators. • Significantly slower population growth than both Canadian and American comparators. • Significantly smaller population than both Canadian and American comparators. Tax Regime Ranking: 1 • Comparable property tax rates against Canadian and American comparators. Wages: Ranking 8 • Average wages, does not offer particularly competitive wages against Canadian and American comparators. EBP O • Access to multiple airports that allow connections to other hubs. • Access to large consumer and labour market within an hour drive from Pickering. • Above average household income of consumer market, relative to Canadian comparators. • Close to natural attractions, such as hiking and cycling trails. • Higher temperatures and lower precipitation rates. • Higher life expectancy among population. • Moderate growth in access to large consumer and labour market within an hour drive from Pickering, suggesting slower expansion of regional market. 14 - 236 - EBP O City of Pickering Economic Development Strategy Community Context Multiple stakeholders volunteered their time and their insights to describe Pickering’s profile, opportunities, and constraints. The interviewees included government officials, local businesses, developers, and individuals from regional and local instituti ons. Each had their own perspective on the region and the opportunities for the City. Overall Context The City itself is in the process of planning for major transformation . Several areas of the City will either be developed for the first time or significa ntly transformed in the coming decades. Key areas of change include: • Pickering Nuclear Generation Station (PNGS): The existing nuclear generation station will be decommissioned and then converted to a potential centre for renewable energy. • Kingston Road: The City is in the process of densifying development along this 11- kilometer arterial road of mixed -use corridors (Efforts are being discussed to assist re- locating existing businesses during construction). • City Centre: Ongoing discussion of a $200M proposed future public facility project, including an arts facility, library, and youth and senior cent re. • Innovation Corridor: An 800-acre business corridor along Highway 407, one of the last few opportunities to bring high-skilled employment to the City. • Federal Pickering Lands: Areas in Central Pickering have long been designated for development of a secondary airport. • Seaton Community: A new community planned to accommodate approximately 70,000 new residents and 35,000 new jobs. • Durham Live: A new entertainment destination with a boutique hotel, convention centre, amphitheatre, water park, offices, restaurants, cinemas, performance venues, and film studios. Some of the projects above are still in various stages of planning, but the overall direction is for significant growth in the City. 15 - 237 - EBP O YORK City of Pickering Economic Development Strategy Figure 3. Key Development Areas Source: City of Pickering Economic Development and Strategic Projects. Community Identity Interviewees have noted that Pickering has largely regarded itself as a bedroom community and suburb of Toronto. While much of the development of the Greater Toronto Area for decades has been to the West of the City, Pickering existed as a lower density, lower growth location. This changed when the Province of Ontario shifted strategy to direct development towards the east of Toronto. In the past, residents had regarded their community as a bedroom community. The community is now moving towards becoming a more well-rounded community with more emphasis on densification, cultural opportunities, walkability, transit connectedness, and opportunities to live, work, and play. More recent residents, who often come from more diverse ethnic and cultural backgrounds, are more interested in downtown activities. While the City has always carried some identity as a center of innovation due to the presence of the Pickering Nuclear Generation Station, there is a need to create something of a new brand for the City as this new growth occurs. Interviewees noted that there is an opportunity and a need to create a new brand that showcases the excitement and growth of the City going forward. 16 - 238 - EBP O City of Pickering Economic Development Strategy Current Challenges and Opportunities As noted above, the new and ongoing development and redevelopment areas present significant opportunities for creating new areas to work, live, and interact. Some of this new opportunity and excitement is creating the expected side effect of rising real estate prices. This is of course both a challenge and a sign of growth. However, it does mean that there are concerns about costs both for small business rent and for residential housing. Housing costs are seen as a potential risk in attracting young employees and families to the City, and this could pose a follow-on risk for potentially slowing business expansion in the region if not managed appropriately. Some of the redevelopment opportunities in the southern part of the City are affording opportunities for reclaiming or redeploying lands that had been used in other ways in the past. Some interviewees noted that the industrial lands at the southern end of the City are underutilized and could be redeployed for new and innovative technology businesses. Also, the redeployment of the nuclear generation station may provide an opportunity for enhanced access to the waterfront, creating an enhanced amenity for the community. Several of the interviewees also noted that entrepreneurial businesses moving into the City – both as they leave Toronto or as they develop from Ontario Tech University, Durham College, and Trent University Durham – need a place to land in Pickering. An incubator, accelerator, or shared workspace would be highly desirable. As contrasted to other municipalities in the Greater Toronto Area, Pickering was viewed by most interviewees as being very business friendly and very easy to work with. Of course, the rapid growth of the area is starting to create some concerns about traffic and congestion. However, city departments are seen as working well together and there is general confidence in the City's ability to plan appropriately through internal and external collaboration. Direction for Pickering Vision for Community Identity Interviewees noted many times that there is a need to create a distinct brand and identity for the City of Pickering as it grows in the coming years. There is a desire to create a distinct sense of place apart from Toronto, Mississauga, and other regional communities. Interviewees would like to see Pickering known as a place of continuing innovation with strong opportunities to live, work, and play in a welcoming community. Business and Industry Opportunities While the Pickering Nuclear Generation Station is being decommissioned within the next three years, the expertise that this facility brought to the region presents an opportunity for the City. In particular, the nuclear industry itself continues to grow, especially in applications such as small modular reactions and nuclear batteries. Isotope development and extraction, nuclear waste, and 17 - 239 - EBP O City of Pickering Economic Development Strategy other related work all present opportunities to redeploy and grow both the infrastructure and the talent base in the region. Similarly, the region’s legacy of expertise in energy applications may find use in other areas, such as hydrogen, solar, and other forms of renewable energy. Interviewees noted that there are some institutional gaps that would be helpful to fill locally. Notably, there is a desire to have both a hospital and a post-secondary institution of some form in the City to train and develop local talent and support business growth and formation. Workforce and Talent Local and regional businesses noted a local talent shortage that parallels the trends seen at a national level. Staffing selected positions has been difficult, even when working with employment centres. This is particularly the case with finding technical trades and industrial services personnel. Interviewees have been working with local colleges, including Durham College, to try to build the pipeline for these careers. In contrast, there does seem to be a very good pool of talent to support startup companies, including financial professionals and other business talent. The effects of the COVID-19 Pandemic on local workforce trends are not yet well understood. Several large local employers instituted significant work from home programs during the Pandemic, and even began remote hiring strategies. As a result, the workforce is somewhat more dispersed, and some of the residents of Pickering now work for employers who are nominally located elsewhere. It is not yet clear how this trend will affect availability of talent and economic base in Pickering over the longer term. The region's legacy in industrial, automotive, and energy sectors does mean that there is a strong tradition of organized labour in the region. Not all employers are unionized, however, those that are stated that the unions have been a very effective partner in developing workforce talent and ensuring ongoing operational success. Implementation Ideas Communication, Outreach, and Public Sentiment Communicating the pathway to change is seen as a critical issue. Due to the significant amount of expected change in growth, those who are long-term residents of the region have some understandable anxiety. The rise of social media as a primary form of newsgathering has created some difficulty in having inaccurate, incomplete, or poorly explained information becoming part of the public sphere before complete information can be presented. As a result, city staff and developers can find themselves on the wrong side of rumor and misinformation. 18 - 240 - EBP O City of Pickering Economic Development Strategy The City and its partners will need strong communications and outreach capabilities to be able to bring complete information to the public in such a way that it addresses and minimizes public anxieties regarding developments. City and Regional Government Residents, businesses, and developers alike noted that city government is approachable and responsive. Developers noted that the government’s processes are transparent and predictable. There may be capacity issues at City Hall, however, there are few surprises along the development timeline. This was noted as being in contrast both with other municipalities in the region, and with higher levels of government. Business Community The business community itself consists of both large businesses and small local businesses. Within the large business context, the City had success in recruiting larger employers both to the industrial areas to the south and into the new corridor along the 407. Several interviewees noted that an association of manufacturing or industrial companies would be very helpful. Such an association does not yet exist but could potentially be started through the Ajax-Pickering Board of Trade. Smaller businesses also noted the need for help with networking and mentoring assistance. Particularly during this expected time of accelerated growth and change, several of the small businesses noted that they are having difficulty finding space, finding assistance, and are concerned that they may be displaced from their current locations, when considering the Kingston Road Intensification Corridor . They noted that city assistance in coordinating with developers would help assuage that anxiety and be an attraction boom for small businesses. 19 - 241 - EBP O City of Pickering Economic Development Strategy Priority Sectors The solicitation of input from industry stakeholders both inside and outside of the region in conjunction with the examination of economic and trend data have resulted in the identification of Priority Sectors. The City will continue to be able to both identify and examine global and local opportunities and assess the region’s ability to make them a thriving part of the regional ecosystem. Please note that this list is not intended to be exclusive or comprehensive. While specific subsectors have been given, the stakeholders should also look for other companies who exhibit needs and value chains that are similar. The list is intended to provide a starting point, as well as a list of analogues that may spur further development over time. Target Sectors EBP and the City of Pickering identified the following industries and sectors as likely opportunity areas for business attraction, retention, and expansion in Pickering: Table 5. Target Sectors Industry Sector Utilities Electric Power Generation (Nuclear Modular Reactor Production, Low Carbon Hydrogen Production) Manufacturing Aerospace Manufacturing Computer and Electronic Product Manufacturing Electrical Equipment and Component Manufacturing Fabricated Metal Product Manufacturing Food and Beverage Manufacturing Machinery Manufacturing Primary Metal Manufacturing Transportation and Warehousing Multi-Modal Transportation and Logistics Warehousing and Storage 20 - 242 - EBP O City of Pickering Economic Development Strategy Industry Sector Information and Cultural Industries Finance and Insurance Administrative and Support Services Insurance Carriers and Related Activities Financial Investments and Related Activities Accommodation and Food Services Prioritization Key ▲High Priority ►Opportunistic ▼Low Priority Through examining the data available on FDI Markets – a database of foreign direct investments from around the globe – EBP then further prioritized the list based on the characteristics below: •Is the sector growing? •Are there recent greenfield examples of new investments? •Are there enough companies to make focus on the sector reasonable? The following table is derived from an evaluation of both the data available and our understanding of the trends gained from experience. 21 - 243 - EBP O I I I I -,.....,-----,...--,---~ City of Pickering Economic Development Strategy Table 6. Opportunity Matrix Sector Growing Greenfield Sector? Examples? Utilities Sufficient Companies? Prioritization Electric Power Generation ►▲▼3 Manufacturing Aerospace Manufacturing ►▼►3 Computer and Electronic Product Manufacturing ►►►3 Electric Equipment and Component Manufacturing ►▲►2 Metal Manufacturing ►►►3 Food and Beverage Manufacturing ►►►3 Machinery Manufacturing ►▲►2 Transportation and Warehousing Multi-Modal Transportation and Logistics ▲►►2 Warehousing and Storage ▲▲▲1 Information ▲►▲1 Professional and Business Services Administrative and Support Services ►►▲2 Financial Investments and Related Activities ►►▲2 Accommodation and Food Services ▲▲▲1 22 - 244 - EBP O City of Pickering Economic Development Strategy Utilities Electric Power Generation Sector Description “This industry group comprises establishments primarily engaged in generating, transmitting, and/or distributing electric power. Establishments in this industry group may perform one or more of the following activities: (1) operate generation facilities that produce electric energy; (2) operate transmission systems that convey the electricity from the generation facility to the distribution system; and (3) operate distribution systems that convey electric power received from the generation facility or the transmission system to the final consumer.” 1 Industry Outlook The global nuclear power generation market is expected to record a CAGR of 1.5 percent from 2022 to 2027. 2 Key Requirements • Access to skilled talent bases. • Access to academic institutions and facilities. • Access to local technical expertise in sector. • Ability to undertake technical research and development, which leads to more innovative products in sector. Specific Opportunities • Local technical expertise can be preserved after decommissioning of nuclear generating station. • Use existing local technical expertise to support advanced small modular reactor development. • Use existing local technical expertise to support low carbon hydrogen production, as both Ontario and Canada have recently developed strategies in this field. Competitive Advantages • Durham is known as the clean energy capital of Canada, with Ontario Power Generation as the largest employer. • Sector already thrives in Pickering, despite the expected decommissioning of nuclear generating station. • Pickering already hosts an existing portfolio of companies in the sector. • Ontario Tech offers programs in Nuclear Engineering, ranking third in North America. 1 NAICS Association, “Electric Power Generation, Transmission and Distribution.” https://www.naics.com/naics-code-description/?code=2211. 2 Mordor Intelligence , “Nuclear Power Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/nuclear-power-market. 23 - 245 - EBP O City of Pickering Economic Development Strategy Electric Power Generation • Ontario Tech supports the Clean Energy Research Lab. The Canadian Nuclear Laboratories also hosts three locations across Ontario, including the Chalk River Laboratories. Possible Liabilities • • Possible resistance from existing portfolio of companies against new companies interested in Pickering. Decommissioning of nuclear generating station may change perceptions of sector in Pickering. Manufacturing Aerospace Manufacturing Sector Description “Industries in the Transportation Equipment Manufacturing subsector produce equipment for transporting people and goods. Transportation equipment is a type of machinery. An entire subsector is devoted to this activity because of the significance of its economic size in all three North American countries. Establishments in this subsector utilize production processes similar to those of other machinery manufacturing establishments -bending, forming, welding, machining, and assembling metal or plastic parts into components and finished products. However, the assembly of components and subassemblies and their further assembly into finished vehicles tends to be a more common production process in this subsector than in the Machinery Manufacturing subsector.” 3 Industry Outlook The global aerospace manufacturing market is expected to record a CAGR of 6.0 percent from 2021 to 2026. 4 Key Requirements • Access to skilled talent bases. • Proximity to transportation routes, including airports. • Ability to undertake technical research and development, which leads to more innovative products in sector. • Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. 3 Bureau of Labor Statistics, “Transportation Equipment Manufacturing.” https://www.bls.gov/iag/tgs/iag336.htm. 4 Mordor Intelligence, “Aerospace Materials Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/aerospace-materials-market. 24 - 246 - EBP O City of Pickering Economic Development Strategy Aerospace Manufacturing Specific Opportunities • • Position Pickering to capture business as sector recovers quickly from the pandemic. Draw manufacturing facilities to southern Pickering. Competitive Advantages • • • • Existing sector presence throughout Ontario. 16 universities and 40 institutions in Ontario provide related engineering programs and aerospace programs, respectively. Pickering is 30-40 minutes away from freight facilities at Toronto Pearson Airport, Billy Bishop Airport, and Port of Toronto. Several Next Generation Manufacturing Canada projects are clustered in the Greater Toronto Area, including the Ontario Aerospace Council in Pickering. Possible Liabilities • • Lack of existing portfolio of companies in sector. Lack of airport presence, along with delays for the Pickering Airport for the foreseeable future. Computer and Electronic Product Manufacturing Sector Description “Industries in the Computer and Electronic Product Manufacturing subsector group establishments that manufacture computers, computer peripherals, communications equipment, and similar electronic products, and establishments that manufacture components for such products. The Computer and Electronic Product Manufacturing industries have been combined in the hierarchy of NAICS because of the economic significance they have attained. Their rapid growth suggests that they will become even more important to the economies of all three North American countries in the future, and in addition their manufacturing processes are fundamentally different from the manufacturing processes of other machinery and equipment. The design and use of integrated circuits and the application of highly specialized miniaturization technologies are common elements in the production technologies of the computer and electronic subsector.” 5 5 Bureau of Labor Statistics, “Computer and Electronic Product Manufacturing.” https://www.bls.gov/iag/tgs/iag334.htm. 25 - 247 - EBP O City of Pickering Economic Development Strategy Computer and Electronic Product Manufacturing Industry Outlook The global computer and electronic product manufacturing market is expected to record a CAGR of 9.0 percent from 2021 to 2026. 6 Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw manufacturing facilities to southern Pickering. Competitive Advantages •Existing sector presence throughout Ontario, with a growing industrial automation presence. •Ontario Tech and Durham College both provide programs to support this sector, providing opportunities from mechanical technicians to engineers. •Pickering is 30-40 minutes away from freight facilities at Toronto Pearson Airport, Billy Bishop Airport, and Port of Toronto. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other manufacturing hubs in the Greater Toronto Area – unclear value proposition. Electrical Equipment and Component Manufacturing Sector Description “Industries in the Electrical Equipment, Appliance, and Component Manufacturing subsector manufacture products that generate, distribute, and use electrical power. Electric Lighting Equipment Manufacturing establishments produce electric lamp bulbs, lighting fixtures, and parts. Household Appliance Manufacturing establishments make both small and major electrical appliances and parts. Electrical Equipment Manufacturing establishments make goods, such as electric motors, generators, transformers, and switchgear apparatus. Other 6 Mordor Intelligence, “Electronics Manufacturing Services Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 – 2027).” https://www.mordorintelligence.com/industry-reports/electronics-manufacturing-services-market. 26 - 248 - EBP O City of Pickering Economic Development Strategy Electrical Equipment and Component Manufacturing Electrical Equipment and Component Manufacturing establishments make devices for storing electrical power (e.g., batteries), for transmitting electricity (e.g., insulated wire), and wiring devices (e.g., electrical outlets, fuse boxes, and light switches).” 7 Industry Outlook The global electrical equipment and component manufacturing market is expected to record a CAGR of 7.1 percent from 2021 to 2026. 8 Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw manufacturing facilities to southern Pickering. Competitive Advantages •Existing sector presence throughout Ontario, with a growing industrial automation presence. •Ontario Tech and Durham College both provide programs to support this sector, providing opportunities from mechanical technicians to engineers. •Pickering is 30-40 minutes away from freight facilities at Toronto Pearson Airport, Billy Bishop Airport , and Port of Toronto. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other manufacturing hubs in the Greater Toronto Area – unclear value proposition. 7 Bureau of Labor Statistics, “Electrical Equipment, Appliance, and Component Manufacturing.” https://www.bls.gov/iag/tgs/iag335.htm. 8 Mordor Intelligence, “Semiconductor and Electronic Parts Manufacturing Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/semiconductor-and-electronic-parts-manufacturing-market. 27 - 249 - EBP O City of Pickering Economic Development Strategy Metal Manufacturing Sector Description “Industries in the Primary Metal Manufacturing subsector smelt and/or refine ferrous and nonferrous metals from ore, pig, or scrap, using electrometallurgical and other process metallurgical techniques. Establishments in this subsector also manufacture metal alloys and superalloys by introducing other chemical elements to pure metals. The output of smelting and refining, usually in ingot form, is used in rolling, drawing, and extruding operations to make sheet, strip, bar, rod, or wire, and in molten form to make castings and other basic metal products.” 9 “Industries in the Fabricated Metal Product Manufacturing subsector transform metal into intermediate or end products, other than machinery, computers and electronics, and metal furniture, or treat metals and metal formed products fabricated elsewhere. Important fabricated metal processes are forging, stamping, bending, forming, and machining, used to shape individual pieces of metal; and other processes, such as welding and assembling, used to join separate parts together. Establishments in this subsector may use one of these processes or a combination of these processes.” 10 Industry Outlook The global metal manufacturing market is expected to record a CAGR 11of 3.9 percent from 2021 to 2024. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw manufacturing facilities to southern Pickering. Competitive Advantages •Existing sector presence in Pickering, with approximately 2 million square feet of new commercial and industrial space available. •Several major companies operate in Pickering, including Kubota Canada and Signature Aluminum. 9 Bureau of Labor Statistics, “Primary Metal Manufacturing.” https://www.bls.gov/iag/tgs/iag331.htm. 10 Bureau of Labor Statistics, “Fabricated Metal Product Manufacturing.” https://www.bls.gov/iag/tgs/iag332.htm. 11 Mordor Intelligence, “Global Metal Fabrication Equipment Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 – 2027).” https://www.mordorintelligence.com/industry-reports/global-metal-fabrication-equipment-market. 28 - 250 - EBP O City of Pickering Economic Development Strategy Metal Manufacturing • • • Existing sector presence throughout Ontario, with a growing industrial automation presence. Ontario Tech and Durham College both provide programs to support this sector, providing opportunities from mechanical technicians to engineers. Pickering is 30-40 minutes away from freight facilities at Toronto Pearson Airport, Billy Bishop Airport, and Port of Toronto. Possible Liabilities •Possible resistance from existing portfolio of companies against new companies interested in Pickering. Food and Beverage Manufacturing Sector Description “Industries in the Food Manufacturing subsector transform livestock and agricultural products into products for intermediate or final consumption. The industry groups are distinguished by the raw materials (generally of animal or vegetable origin) processed into food products. The food products manufactured in these establishments are typically sold to wholesalers or retailers for distribution to consumers, but establishments primarily engaged in retailing bakery and candy products made on the premises not for immediate consumption are included.” 12 “Industries in the Beverage and Tobacco Product Manufacturing subsector manufacture beverages and tobacco products. The industry group, Beverage Manufacturing, includes three types of establishments: (1) those that manufacture nonalcoholic beverages; (2) those that manufacture alcoholic beverages through the fermentation process; and (3) those that produce distilled alcoholic beverages. Ice manufacturing, while not a beverage, is included with nonalcoholic beverage manufacturing because it uses the same production process as water purification. The industry group, Tobacco Manufacturing, includes two types of establishments: (1) those engaged in redrying 12 Bureau of Labor Statistics, “Food Manufacturing.” https://www.bls.gov/iag/tgs/iag311.htm. 29 - 251 - EBP O City of Pickering Economic Development Strategy Food and Beverage Manufacturing and stemming tobacco and, (2) those that manufacture tobacco products, such as cigarettes and cigars.” 13 Industry Outlook The global food and beverage manufacturing market is expected to 14record a CAGR of 6.1 percent from 2019 onwards. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw manufacturing facilities to southern Pickering. Competitive Advantages •Existing sector presence throughout Ontario, the third largest in North America with over 3,000 establishments. •Existing sector presence in Pickering, with 5,000 hectares of designated agricultural land. •Several major companies operate in Pickering, including Joriki Beverages and Deflea Brand Foods. •Access to consumer markets in Canada and the United States, due to proximity to transportation routes. •Business support from Ontario, such as the Canadian Agricultural Partnership, and Durham, such as the Golden Horseshoe Food and Farm Alliance. Possible Liabilities •Possible resistance from existing portfolio of companies against new companies interested in Pickering. •Competition with other manufacturing hubs in the Greater Toronto Area – unclear value proposition. 13 Bureau of Labor Statistics, “Beverage and Tobacco Product Manufacturing.” https://www.bls.gov/iag/tgs/iag312.htm. 14 Cision, “Insights on the Food and Beverages Global Market to 2030.” https://www.prnewswire.com/news -releases/insights- on-the-food-and-beverages-global-market-to-2030---identify -growth-segments-for-investment-301202729.html. 30 - 252 - EBP O City of Pickering Economic Development Strategy Machinery Manufacturing Sector Description “Industries in the Machinery Manufacturing subsector create end products that apply mechanical force, for example, the application of gears and levers, to perform work. Some important processes for the manufacture of machinery are forging, stamping, bending, forming, and machining that are used to shape individual pieces of metal. Processes, such as welding, and assembling are used to join separate parts together. Although these processes are similar to those used in metal fabricating establishments, machinery manufacturing is different because it typically employs multiple metal forming processes in manufacturing the various parts of the machine. Moreover, complex assembly operations are an inherent part of the production process.” 15 Industry Outlook The global machinery manufacturing market is expected to record a 16CAGR of 5.0 percent from 2021 to 2026. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated manufacturing systems. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw manufacturing facilities to southern Pickering. Competitive Advantages •Existing sector presence throughout Ontario, with a growing industrial automation presence. •Ontario Tech and Durham College both provide programs to support this sector, providing opportunities from mechanical technicians to engineers. •Pickering is 30-40 minutes away from freight facilities at Toronto Pearson Airport, Billy Bishop Airport, and Port of Toronto. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other manufacturing hubs in the Greater Toronto Area – unclear value proposition. 15 Bureau of Labor Statistics, “Machinery Manufacturing.” https://www.bls.gov/iag/tgs/iag333.htm. 16 Mordor Intelligence, “Machine Tools Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/machine-tools-market. 31 - 253 - EBP O City of Pickering Economic Development Strategy Multi-Modal Transportation and Warehousing Transportation and Logistics Sector Description “The Transportation and Warehousing sector includes industries providing transportation of passengers and cargo, warehousing and storage for goods, scenic and sightseeing transportation, and support activities related to modes of transportation. Establishments in these industries use transportation equipment or transportation related facilities as a productive asset. The type of equipment depends on the mode of transportation. The modes of transportation are air, rail, water, road, and pipeline.” 17 Industry Outlook The global transportation and logistics market is expected to record a 18CAGR of 5.0 percent from 2021 to 2026. Key Requirements •Proximity to transportation routes. •Space availability for necessary facilities. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw warehousing facilities to southern Pickering. Competitive Advantages •Strategic access to North American markets through two highways, five border crossings, two airports, and one port. •Land and space are available in Pickering, including the Brock Industrial Park, the Whites Road Prestige Business Park, and the Pickering Innovation Corridor. •Sector can support other existing sectors in Pickering, particularly in manufacturing. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other transportation and warehousing hubs in the Greater Toronto Area – unclear value proposition. 17 Bureau of Labor Statistics, “Transportation and Warehousing.” https://www.bls.gov/iag/tgs/iag48-49.htm. 18 Mordor Intelligence, “Freight And Logistics Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/freight-logistics-market-study. 32 - 254 - EBP O City of Pickering Economic Development Strategy Warehousing and Storage Sector Description “Industries in the Warehousing and Storage subsector are primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods, and other warehouse products. These establishments provide facilities to store goods. They do not sell the goods they handle. These establishments take responsibility for storing the goods and keeping them secure. They may also provide a range of services, often referred to as logistics services, related to the distribution of goods. Logistics services can include labeling, breaking bulk, inventory control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking and ticketing, and transportation arrangement. However, establishments in this industry group always provide warehousing or storage services in addition to any logistic services. Furthermore, the warehousing or storage of goods must be more than incidental to the performance of services, such as price marking.” 19 Industry Outlook The global warehousing and storage market is expected to record a 20CAGR of 10.0 percent from 2021 to 2026. Key Requirements •Proximity to transportation routes. •Space availability for necessary facilities. Specific Opportunities •Position Pickering to capture business as sector recovers quickly from the pandemic. •Draw warehousing facilities to southern Pickering. Competitive Advantages •Strategic access to North American markets through two highways, five border crossings, two airports, and one port. •Land and space are available in Pickering, including the Brock Industrial Park, the Whites Road Prestige Business Park, and the Pickering Innovation Corridor. •Sector can support other existing sectors in Pickering, particularly in manufacturing. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other transportation and warehousing hubs in the Greater Toronto Area – unclear value proposition. 19 Bureau of Labor Statistics, “Warehousing and Storage.” https://www.bls.gov/iag/tgs/iag493.htm. 20 Mordor Intelligence, “Warehousing and Storage Services Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 – 2027).” https://www.mordorintelligence.com/industry-reports/warehousing-and-storage-services-market. 33 - 255 - EBP O City of Pickering Economic Development Strategy Information Information Sector Description “The Information sector comprises establishments engaged in the following processes: (a) producing and distributing information and cultural products, (b) providing the means to transmit or distribute these products as well as data or communications, and (c) processing data. The main components of this sector are the publishing industries, including software publishing, and both traditional publishing and publishing exclusively on the Internet; the motion picture and sound recording industries; the broadcasting industries, including traditional broadcasting and those broadcasting exclusively over the Internet; the telecommunications industries; Web search portals, data processing industries, and the information services industries. The Information sector groups three types of establishments: (1) those engaged in producing and distributing information and cultural products; (2) those that provide the means to transmit or distribute these products as well as data or communications; and (3) those that process data.” 21 Industry Outlook The global information market is expected to record a CAGR of 7.7 22percent from 2021 to 2026. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated information systems. Specific Opportunities •Develop innovation accelerators and incubators to support sector, similar to Spark Centre in Oshawa and 1nnovation Village in Ajax. Competitive Advantages •Existing sector presence throughout Ontario, with a stable economic and political environment for business. 21 Bureau of Labor Statistics, “information.” https://www.bls.gov/iag/tgs/iag51.htm. 22 Mordor Intelligence, “Information Technology Service Management Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/information-technology-service- management -market. 34 - 256 - EBP O City of Pickering Economic Development Strategy Information • • • Existing sector presence in Pickering, with advanced infrastructure to meet the needs of the sector. Several major companies operate in Pickering, including RBRO Solutions and Search Engine People. Ontario Tech provides programs in Business and Information Technology, along with research and development opportunities in various laboratories. Possible Liabilities • • Lack of existing portfolio of companies in sector. Competition with other information technology hubs in the Greater Toronto Area – unclear value proposition. Finance and Insurance Administrative and Support Services Sector Description “Industries in the Administrative and Support Services subsector group establishments engaged in activities that support the day-to-day operations of other organizations. The processes employed in this sector (e.g., general management, personnel administration, clerical activities, cleaning activities) are often integral parts of the activities of establishments found in all sectors of the economy. The establishments classified in this subsector have specialization in one or more of these activities and can, therefore, provide services to clients in a variety of industries and, in some cases, to households. The individual industries of this subsector are defined on the basis of the particular process that they are engaged in and the particular services they provide.” 23 Industry Outlook The global administrative and support services market, in the context of the information industry, is expected to record a CAGR of 14.4 percent 24from 2021 to 2026. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. 23 Bureau of Labor Statistics, “Administrative and Support Services.” https://www.bls.gov/iag/tgs/iag561.htm. 24 Mordor Intelligence, “Managed Information Services Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 – 2027). https://www.mordorintelligence.com/industry-reports/information-managed-services-market-industry. 35 - 257 - EBP O City of Pickering Economic Development Strategy Administrative and Support Services •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated information systems. Specific Opportunities •Develop innovation accelerators and incubators to support sector, similar to Spark Centre in Oshawa and 1nnovation Village in Ajax. Competitive Advantages •Existing sector presence throughout Ontario, with a stable economic and political environment for business. •Existing sector presence in Pickering, with advanced infrastructure to meet the needs of the sector. •Ontario Tech provides programs in Business and Information Technology, along with research and development opportunities in various laboratories. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other information technology hubs in the Greater Toronto Area – unclear value proposition. Financial Investments and Related Activities Sector Description “Industries in the Securities, Commodity Contracts, and Other Financial Investments and Related Activities subsector group establishments that are primarily engaged in one of the following: (1) underwriting securities issues and/or making markets for securities and commodities; (2) acting as agents (i.e., brokers) between buyers and sellers of securities and commodities; (3) providing securities and commodity exchange services; and (4) providing other services, such as managing portfolios of assets; providing investment advice; and trust, fiduciary, and custody services.” 25 25 Bureau of Labor Statistics, “Securities, Commodity Contracts, and Other Financial Investments and Related Activities .” https://www.bls.gov/iag/tgs/iag523.htm. 36 - 258 - EBP O City of Pickering Economic Development Strategy Financial Investments and Related Activities Industry Outlook The global electronic brokerage market is expected to record a CAGR of 264.0 percent from 2021 to 2026. Key Requirements •Access to skilled talent bases. •Proximity to transportation routes. •Ability to undertake technical research and development, which leads to more innovative products in sector. •Ability to adopt necessary technology to adapt to sophisticated information systems. Specific Opportunities •Develop innovation accelerators and incubators to support sector, similar to Spark Centre in Oshawa and 1nnovation Village in Ajax. Competitive Advantages •Existing sector presence throughout Ontario, with a stable economic and political environment for business. •Existing sector presence in Pickering, with advanced infrastructure to meet the needs of the sector. •Ontario Tech provides programs in Business and Information Technology, along with research and development opportunities in various laboratories. Possible Liabilities •Lack of existing portfolio of companies in sector. •Competition with other information technology hubs in the Greater Toronto Area – unclear value proposition. Accommodation and Food Services Accommodation and Food Services Sector Description “The Accommodation and Food Services sector comprises establishments providing customers with lodging and/or preparing meals, snacks, and beverages for immediate consumption. The sector includes both accommodation and food services establishments because the two activities are often combined at the same establishment.” 27 26 Mordor Intelligence, “Global E -Brokerages Market: Growth, Trends, COVID-19 Impact, and Forecasts (2022 -2027).” https://www.mordorintelligence.com/industry-reports/global-e-brokerages-market. 27 Bureau of Labor Statistics, “Accommodation and Food Services.” https://www.bls.gov/iag/tgs/iag72.htm. 37 - 259 - EBP O City of Pickering Economic Development Strategy Accommodation and Food Services Industry Outlook The global accommodation and food services market is expected to record a CAGR of 10.2 percent from 2021 to 2026. However, the market is expected to record a rate of 15.1 in 2022, due to 28ongoing pandemic recovery. Key Requirements • Access to multi-lingual talent bases. • Proximity to transportation routes. • Ability to undertake a branding and marketing strategy to compete against other places of interest. Specific Opportunities • Leverage Durham Live to include accommodation and food services, along with the expected convention centre, film studio, and amphitheater. Competitive Advantages • Pickering is a place of interest in the Greater Toronto Area, located less than 40 kilometers from downtown Toronto with 500 acres of groomed parks, hiking trails, and conservation areas. • Pickering sits along transportation routes that support both domestic and international visitors. • Business support from Ontario, such as the Tourism Industry Association of Ontario and the Ontario Tourism Marketing Partnership Corporation. • Durham College provides various tourism related programs, including Hotel and Restaurant Operations Management and Special Events Management. Possible Liabilities • Lack of existing accommodations in Pickering. • Lack of airport presence, along with delays for the Pickering Airport for the foreseeable future. • Competition with other places of interest in the Greater Toronto Area – unclear value proposition. 28 Notified, “Hospitality Global Market Report 2022.” https://www.globenewswire.com/news-release/2021/12/29/2358663/0/en/Hospitality-Global-Market-Report-2022.html. 38 - 260 - City of Pickering Economic Development Strategy Action Plan The City of Pickering is at the start of a period of dynamic growth and change. The City’s significant assets and legacy of innovation can carry it to sustainable, equitable economic growth if continued actions are taken in the following areas: Action Area Action Item EBP O •BrandingMarketing •Marketing •Community WebsiteLocal Communications •Community Social Media Platforms •Business Census and Outreach •Business Retention and Expansion Initiatives Business Support •Business Continuity Support •Entrepreneurial and Startup Support •Incubators or Accelerators •Workforce Gap Analysis Workforce and Talent •Career Awareness Building •Workforce Development Events •Direct Outreach •Ongoing Sector ResearchInvestment Attraction •Existing Business Engagement •Conferences and Other Multipliers •Development and Adoption of Full InvestmentInvestment Servicing and Aftercare Service Processes and Protocols 39 - 261 - City of Pickering Economic Development Strategy Marketing Branding Interviewees across the board consistently noted that the identity of the City is shifting somewhat, but with a consistent theme. While the City will be growing substantially and some industries are in the process of transforming, the theme of “leading through innovation” remains a constant. The City will need to create and foster a brand identity for itself in order to fully bring this updated image of a city of innovation into the global marketplace. Branding Task Descriptions 1. Brand Positioning: A brand positioning statement outlines exactly what the region is and the benefits it provides, for whom, and what makes you different. The idea behind it is to create a unique niche for your brand in the minds of consumers within your category. o Review strategic plan and competitive information to develop overall internal brand positioning statement. 2. Brand Messaging: Brand messaging refers to the underlying value proposition conveyed, and language used in further content. The messaging makes buyers relate to the brand by inspiring them, persuading them, motivating them, and ultimately creating investment interest in the region. 3. Strategic Positioning: The strategic positioning document takes the items above and lays out the initial campaign identifying the target customer group, the list of offerings (location benefits), matches these to customer needs, and then refines the channels and messages of outreach to specifically match message to target. Timeframe Immediate Importance High Responsible Party • City of Pickering Economic Development and Strategic Projects • City of Pickering Public Affairs and Corporate Communications • Dedicated Marketing Staff Member 40 EBP O - 262 - EBP O City of Pickering Economic Development Strategy Marketing Marketing is the act of promoting the City and its assets and advantages to potential investors, residents, companies, and others who may be enticed into becoming a part of the City’s economic life. Marketing Appealing and relevant marketing materials are an important piece of attracting new investment. There is an ongoing discussion in Pickering regarding branding for the City, which will likely have ramifications for any of the branding and marketing suggestions to follow. 1. Continue to collect and update competitive and business support information. a. Assemble data supporting the value propositions for each of the major sectors. b. Collect written testimonials from example companies from each of the major sectors. c. Develop editable sector pitch books for major target sectors. 2. Continue to develop updated marketing materials, such as: d. Investor Guide, e. Industry or Function-Specific Information Sheets, f. Web-Based Advertising, including Paid Social Media. 3. Continue to enhance online presence. a. Update the Economic Development Department website on a Task Descriptions regular basis so that information is current and accessible for companies and site selectors considering Pickering for expansion or relocation. i. Develop a wireframe for the website and collect appropriate information and data (workforce, real estate, infrastructure, major companies, costs). ii. Collect written testimonials from example companies from each of the major sectors. iii. The website can be a key asset for branding and marketing efforts, but absolutely requires consistent maintenance. 4. Continue to enhance social media presence. a. Share press releases, industry news, and local news and events that are related to economic development in the City. b. Identify an individual who will have responsibility for collecting and distributing content to: i. LinkedIn, ii. Twitter, iii. YouTube. 41 - 263 - EBP O City of Pickering Economic Development Strategy Marketing Timeframe • Item 1 – Near Term and Ongoing • Item 2 – Near Term and Ongoing (Indicative of Bandwidth) • Item 3 – Near Term and Ongoing • Item 4 – Near Term and Ongoing (Indicative of Bandwidth) Importance • Item 1 – Medium • Item 2 – High • Item 3 – Medium • Item 4 – Medium Responsible Party • City of Pickering Economic Development and Strategic Projects • City of Pickering Public Affairs and Corporate Communications • Dedicated Marketing Staff Member Local Communications Recent experience has shown the importance of having robust communications tools with which to engage the public. With much of the public receiving a large proportion of their news and information through social media, the City must ensure that complete and truthful information is available and findable online, and that there are tools in place to allow for engagement and feedback from the public. Community Website 1. Develop a Community Economic Development page. a. Within the City’s current Invest in Pickering page, include a section of current large initiatives. o Current site provides information deeper in the site, but does not wrap information together in a holistic fashion to showcase the direction and context of projects. o Providing “big picture” context and then showcasing factual information of projects will provide a much more accurate perspective.Task Descriptions 2. Community social media presence: a. By duplicating items on the projects and plans showcases in Item 1 above into platforms like Twitter and Facebook, the City’s Economic Development Department will be able to provide sharable content through channels that the public use regularly. b. This information will also allow the Department to address any comments, misunderstanding, or incomplete information as they are identified. 42 - 264 - EBP O City of Pickering Economic Development Strategy Community Website Timeframe Immediate and Ongoing Importance High Responsible Party •City of Pickering Economic Development and Strategic Projects •City of Pickering Public Affairs and Corporate Communications Business Support, Retention, and Expansion It is impossible to consider business attraction and economic growth without actively engaging and supporting the City’s current businesses. Much business growth comes from institutions that are already present within a community or region. In order to grow effectively, the City will need to continue understand and support its current business base and use this economic foundation to better understand and prepare for the needs of tomorrow. In addition, there is no better advocate for a City’s business environment than a current, successful, and satisfied local business. Success in business support, retention, and expansion can be measured by examining how businesses fare during times of change. Metrics may include: •Number of businesses engaged through the Business Visitation Program, •Number of businesses assisted, expanded, and retained, •Number of new openings of new businesses, •Business satisfaction measured through the Local Outreach Program, •Attendance at advisory panels and roundtables. Support is particularly important during times of accelerated change. As the City continues to grow, the City must also ensure that businesses receive the support necessary to transition through such change. Note on Permitting and Regulation It is important to note also that while the City already enjoys the general high regard of businesses, developers, and other stakeholders in terms of the effectiveness, transparency, and predictability of the City’s processes. By no means does this mean that the City has no room for improvement. In particular, the City should continue to work with regional agencies to ensure progress towards a similar transparent, predictable, efficient, and perhaps integrated approach to permitting and regulation. Additionally, the City should continue to monitor its own processes and ensure collaboration and cooperation among departments to ensure the best possible outcomes for public and private sectors alike. 43 - 265 - EBP O City of Pickering Economic Development Strategy Business Census and Outreach Business Census and Outreach Task Descriptions 1.Review the City’s current business directory and determine changes that need to be made. a.Work with Ajax-Pickering Board of Trade to review membership and develop an initial listing of Pickering businesses. b.Identify information to be added, expansions to be noted, etc. c.Monitor rate of additions being made and assess whether it accurately reflects the number of businesses operating in the City. 2.Examine means of enhancing the business census throughout the City. a.Durham Regional Municipality currently maintains an overall business count, and the data is available through the Region’s Open Data. b.The City should leverage this platform and then collect additional information as possible to ensure proper communications. 3.Directly engage more businesses on a regular basis. a.Identify a team member with primary responsibility for business outreach and engagement, managed through a Customer Relationship Management (CRM) platform. b.Establish a “Business Visitation Program” for economic development staff to visit or contact representative businesses on a regular basis. c.Create a package to cross promote the services of Ajax-Pickering Board of Trade, Ontario Tech University, Durham College, and Business Advisory Centre Durham. Timeframe •Item 1 – Near Term and Ongoing •Item 2 – Medium Term (2 Years) •Item 3 – Near Term and Ongoing (Indicative of Bandwidth) Importance •Item 1 – High-Medium •Item 2 – Medium •Item 3 – High (Indicative of Bandwidth) Responsible Party •City of Pickering Economic Development and Strategic Projects •Regional Municipality of Durham •Ajax Pickering Board of Trade 44 - 266 - City of Pickering Economic Development Strategy Business Retention and Expansion Initiatives Business Retention and Expansion Initiatives To promote mutual understanding of the needs of industry and to find new opportunities for business retention and expansion, support regular discourse between businesses and policy makers. 1.Local Outreach Program: a.Economic Development Department to reach out to local businesses on a regular basis as a feedback mechanism for business retention and expansion. 2.Industry-Specific Advisory Panels or Round Tables: a.Economic Development Department to provide a forum for businesses and policy makers to meet to discuss policy advancement, uncover opportunities, and promote mutual understanding of industry needs. 3.Business Continuity Support: a.Economic Development Department to reach out to and supportTask Descriptions businesses potentially displaced by (re)development. b.Identify potential new locations and assist in creating awareness of the new location. c.Potentially assist in obtaining funding through Canada Small Business Financing Program or similar channels. 4.Enhanced Web Presence: d.Consolidate existing links, Including Business Listings, Development Controls, Development Opportunities, and Contact Information, under one listing named "Starting or Running a Business in Pickering" on the website. e.Include future links, including Support Program, and Opportunity Brochure, to the listing as established. f.Updating the website to include local resources and services should be prioritized. The website can also include any provincial and federal guidelines in the future, as necessary. Timeframe Near Term and Ongoing (Indicative of Bandwidth) Importance High Responsible Party City of Pickering Economic Development and Strategic Projects EBP O 45 - 267 - EBP O City of Pickering Economic Development Strategy Entrepreneurial and Startup Support Entrepreneurial and Startup Support Task Descriptions 1.Support Program: a.Audit and document existing resources and services for small businesses and entrepreneurs. b.Reach out to small businesses and entrepreneurs about necessary resources and services, ensuring that trending needs and wants are elevated within the entrepreneurial agenda. c.Prepare a program of resources and services for new businesses and entrepreneurs, readily available and accessible on the City website. d.Establish networking group(s) to encourage small businesses and entrepreneurs to support one another as they start and run their businesses in the same entrepreneurial ecosystem. 2.Online Resources: a.Consolidate existing links, Including Business Listings, Development Controls, Development Opportunities, and Contact Information, under one listing named "Starting or Running a Business in Pickering" on the website. b.Include future links, including Networking Organization, Support Program, and Opportunity Brochure, to the listing as established. c.Update the City website to include local resources and services should be prioritized. The website can also include any provincial and federal guidelines in the future, as necessary. Timeframe •Item 1 – Near to Medium Term (2 Years) •Item 2 – Near to Medium Term (2 Years) Importance Medium to High Responsible Party •City of Pickering Economic Development and Strategic Projects •Dedicated Small Business Advisory Staff Member 46 - 268 - EBP O City of Pickering Economic Development Strategy Incubators or Accelerators Incubators or Accelerators Task Descriptions 1.General Shared Workplace Accelerator: a.As part of either the Innovation Corridor or the eventual redevelopment of City Centre, establish a City-owned space that may be used for housing small-business startups. b.In addition to a shared workspace, the City should make efforts to also invite in local service providers like accounting, legal, marketing, and related fields to help support the success and growth of these new businesses. 2.Technology Incubator: a.Either as part of the accelerator above or separately, work with Ontario Tech University, Durham College, or Trent University Durham to establish a technology incubator. b.The incubator will work alongside and support innovation in key industry sectors, particularly Information and Professional and Business Services. c.Specific needs of the incubator will be developed through conversations with sector industries and associated stakeholders. Timeframe Medium (2-5 Years) Importance High Responsible Party •City of Pickering Economic Development and Strategic Projects •Educational Partner (TBD) 47 - 269 - EBP O City of Pickering Economic Development Strategy Workforce and Talent Interviews strongly suggested that while population growth is expected to mean that there will be a strong labour pool in the region, there may not be adequate linkages between businesses’ talent needs and what the training and education system may produce . We recommend that the City continue to develop a working conversation between the private sector and key education systems to both support workforce development and entrepreneurial opportunities in the City and region. Workforce and Talent Task Descriptions 1.Perform workforce availability and skills study. a.Work with Ontario Ministry of Labour, Training, and Skills Development, Durham Workforce Authority, and Ontario Ministry of University and Colleges to develop a workforce study of the Pickering labour shed for skills availability, occupational availability, and salary dynamics. b.Similarly develop a survey of Pickering area businesses and industries to assess the current and projected need for skills and talent. c.Invest in data providers, particularly when the Canadian Census is dated relative to needs at the time. 2.Directly engage with primary and secondary education system. a.Use information gathered from studies above to engage with primary and secondary education systems to showcase future career opportunities. Ensure information is share with both students and parents so that all can have a great awareness of career opportunities. 3.Engage private sector in elevating awareness of career options. a.As appropriate and practical, engage private sector employers in outreach to educational system to provide hands-on opportunities for career awareness. Timeframe •Item 1 – Immediate •Item 2 – Near to Medium Term (2 Years) •Item 3 – Near to Medium Term (2 Years) Importance High Responsible Party •City of Pickering Economic Development and Strategic Projects •Ontario Ministry of Labour, Training, and Skills •Durham Workforce Authority •Durham District School Board 48 - 270 - EBP O City of Pickering Economic Development Strategy Investment Attraction The City has stated that they will be taking a direct role in facilitating investment attraction to the City. The following actions should be made to ensure that city staff have the information needed to be able to identify potential investors and know the actions needed to connect with the decisions makers who are most commonly involved in the location selection process. Direct Outreach Direct Outreach The City should continue to expand its existing economic development marketing and outreach to include new messages and possibly to adjust its targets based on the evolving global marketplace. 1.Site Selector Networking: a.Research and identify site selectors with expertise in key sectors that may also be considering Canadian locations or be willing to consider Canadian locations. b.Establish contact with site selectors in key industries, possibly at site selector-focused shows. 2.Industry Networking: a.Targeted list of shows, conferences, and programs to attend and participate in. The following are some suggested expositions, conferences, and programs for targeted sectors: 1.Manufacturing: Advanced Design and Manufacturing Exposition, Anuga FoodTec, Canadian Manufacturing Technology Show, Canadian Nuclear Association Conference, FABTECH, Farnborough Air Show, GLOBE Forum, Paris Air Show Task Descriptions 2.Transportation and Warehousing: Cargo Logistics and Distribution Logistics Summit, Ontario Transportation Exposition, Supply Change Conference and Exposition, WERC 3.Information: Collision, ITech, Sector, TECHSPO 4.Accommodation and Food Services: Canadian Hotel Investment Conference, Canadian Outdoor Hospitality Conference and Exposition, Hotel Association of Canada Conference, MIPIM, SIOR Conference 5.Other: International Healthy Cities Conference, Smart Cities Connect Conference and Exposition 3.Keep up-to-date employment information on employers in targeted sectors so that it is available to share with site selectors. 4.Identify and engage stakeholders and ambassadors within targeted sectors and work with them to: 49 - 271 - EBP O City of Pickering Economic Development Strategy 50 Direct Outreach a. b. c. Identify gaps in the value chain or opportunities to enhance competitiveness, Hone message to value proposition, Identify further addressable shortcomings in infrastructure, policy, or other areas. Timeframe Immediate and Ongoing (As Budget and Travel Conditions Permit) Importance Medium to High Responsible Party • • City of Pickering Economic Development and Strategic Projects Other Regional Partners (Ajax-Pickering Board of Trade, Ontario Ministry of Economic Development, Job Creation and Trade, Region of Durham, Toronto Region Board of Trade) - 272 - EBP O ---• --·_ . --· .. --· .. City of Pickering Economic Development Strategy Investment Servicing and Aftercare In order for the City of Pickering to develop and maintain its own capabilities for investor attraction, the organization will need to adopt a formal protocol for Investor Servicing and Aftercare. We are providing the following best practices as an extension of the Economic Development Strategy and Action Plan to help the City along this path. The City of Pickering Economic Development and Strategic Projects Team needs a coordinated business development process that defines specific sub-processes and assigns roles and responsibilities to appropriate staff. We define the typical sales lifecycle as follows: Figure 3. Investment Servicing Flow 51 - 273 - EBP O --111 City of Pickering Economic Development Strategy Identify The Identify Stage finds leads via the various sales and marketing channels of the City, which is typically divided into the following: • Events: Leads identified during event attendance by economic development professionals. These events are typically trade shows. The City should identify relevant events for each target sector and research if attendance would produce a Return on Investment. Events should be considered based on criteria such as: a. Number of attendees, b. Share of attendees with decision-making authority, c. Geographic origin of attendees (Do they represent sensible target markets?), d. Past attendee lists (Research and qualify these companies), e. Price. • Inbound Marketing and Inquiry Handling: Leads that come to the City without cold calling required. This can happen via par tners, such as the Mayor’s Office, the Board of Trade, or Invest in Canada. Inquiries can also be generated via web presence . • Lead Generation Research and Prospecting: This channel involves its own detailed process that needs to be refined by the Economic Development team. Below is a standard criteria funnel for the lead generation process. After identifying possible leads (companies and appropriate contacts within), the p rospect moves on to the Qualify Stage. a. Target Sector: Start with those identified by the Opportunity Match Profiles . b. Target Market: Define target markets for each target sector, as sources of FDI vary by sector. Given Pickering’s location, it should first focus on North American (United States and Canada) markets. c. Size and Growth: Pickering should define the ideal company size and growth cycle of companies. When identifying potential leads, research their size, locations (and size at each location), and growth beforehand to spot patterns. d. Other: Criteria such as supply chain relationships with existing Pickering companies can also be useful in spotting potential leads. Qualify During the Qualify Stage, leads are converted into qualified leads. This is achieved by conducting further due diligence into the company, contacting an appropriate person within the company to gauge expansion lifecycle and potential investment interest in the City. It is important during this stage to enter the contact into a CRM system and take detailed notes on the clien t’s situation. After being qualified, this information can prove useful as the lead transitions to the Pitch Stage. 52 - 274 - EBP O City of Pickering Economic Development Strategy Pitch During the Pitch Stage, the City’s Economic Development and Strategic Project Team is essentially presenting the value proposition of the City as an investment destination. This is also the stage where inbound inquiries via marketing channels and partners enter. All contact with the client should be logged in a CRM system with automated prompts to remind staff to continue Follow-Up Stage, either with the client or with partners responsible for gathering technical information. Follow-Up The Follow-Up Stage and Pitch Stage are a loop – rarely does a client decide after the first pitch or round of questions. In practice, projects take time to develop and necessitate constant follow -up. Automated prompts via the CRM help ensure the client is regularly served. Close This stage is the conclusion of either an investment inquiry or BRE case. Economic Development staff should create a sub -process for the Close Stage which addresses items such as: •Confirming project announcements, •Obtaining signatures when needed, •Steering public relations and communications elements, •Obtaining feedback from the client, requesting testimonials when positive. Aftercare The client should never be left to their own devices following a project announcement. For instance, a company may announce its investment and begin development, only to experience bureaucratic difficulty mid -process. The Economic Development team should act as an ombudsman after project closing, and also have a process in place to transition the client from business attraction to business retention and expansion staff. 53 - 275 - EBP O City of Pickering Economic Development Strategy Process Improvement Process Improvement should be built-in to the sales process of the City’s Economic Development and Strategic Projects Team. However, it’s difficult to measure improvement without first setting goals and objectives for the different ele ments of the organization. After defining a set of organizational goals and objectives, staff should define a list of metrics, or Key Performance Indicators, to measure the performance of its actions. Some examples of standard KPIs that economic developmen t organizations use are: •Number of events attended, •Number of contacts made at events, •Number of meetings with existing businesses, •Number and percentage of cases resolved with existing businesses, •Number of investment inquiries and qualified leads, •Number of project wins, •Job creation and capital investment figures. Some KPIs should also be process related: •Inquiry turnaround time, •Number of follow-up contacts needed with partners, •Percentage of inquiry deadlines met. Beyond measurement, key actions should be taken to improve service: •Every investment attraction project or BRE case should have an internal and external debrief, •Every event should have a debrief, •Periodic team meetings focused on KPI benchmarking should be held , •During lull periods, the team should stress test its capabilities by hosting familiarization tours and mock Requests for Information (RFIs). 54 - 276 - EBP O City of Pickering Economic Development Strategy Conclusion EBP will remain in contact after project completion for appropriate follow -on care. We feel our job is not over until the client has implemented the plan, and there are always places where our advice and guidance are needed. The City of Pickering will learn from its efforts as it executes the Action Plan, and we will be honored to help guide future actions as needed . Acknowledgements Many public officials, business owners, educators, and community members shared their time and insights with EBP to add necessary context to this Economic Development Strategy. We thank them for their contributions and applaud their continuing engagement in the evolution of Pickering. 55 - 277 - 1 Attachment #2 to Report CAO 10-22 Economic Development Strategy Foreign Direct Investment Analysis City of Pickering June 2022 - 278 - EBP O City of Pickering Economic Development Strategy Contents Introduction ............................................................................................................................... 3 Why Foreign Direct Investment? ................................................................................................................4 Methodology .............................................................................................................................. 5 Foreign Direct Investment Analysis............................................................................................ 5 Foreign Direct Investment in Canada ........................................................................................................5 Foreign Direct Investment in Ontario.........................................................................................................7 Foreign Direct Investment in the Durham Region ................................................................................ 10 Priority Sectors ........................................................................................................................ 13 Adjustments to Marketing and Direct Outreach ....................................................................... 13 Conclusion ............................................................................................................................... 16 2 - 279 - EBP O City of Pickering Economic Development Strategy Introduction The City of Pickering is a vibrant municipality with a strong legacy of innovation and growth through technology, coupled with a remarkably high quality of life and of place. Pickering is growing – with a population of 100,000 expected to grow to 150,000 by 2036. In addition to this growth, Pickering lies at the heart of Canada’s largest market – over six million people within an hour commute – providing an ample, skilled, and diversified workforce for a variety of needs. The region is served locally by five Universities, including the University of Toronto and Ontario Tech University, and six Colleges, including Durham College, providing access to skills, training, and research assets across the spectrum. Multiple national and international companies already know the value of calling Pickering home, and key sectors include EN3 (energy, engineering, and environment), advanced manufacturing, and logistics. These are all important factors to be understood and harnessed in an Economic Development Strategy that anticipates growth and helps bring assets together to support an economically, environmentally, and socially sustained future. By better understanding the economic ecosystems already in place, looking toward future opportunities and risks, and then bringing people together to chart a path forward, the new Economic Development Strategy will be a roadmap for the City. This will allow the City and its stakeholders to better guide a variety of activities, including but not limited to business attraction, retention and expansion, employment and mixed-use land development, and potential industry sector targets. The City of Pickering now wishes to develop a fulsome strategy for fostering and attracting economic growth: •Make it more specific and relevant to the City’s attributes and unique strengths, •Identify the types of economic growth that are most appropriate to the City’s vision, and •Develop an Action Plan and Action Items to support this growth and investment attraction. 3 - 280 - EBP O City of Pickering Economic Development Strategy This Foreign Direct Investment Analysis is a companion to the Economic Development Plan, focusing on the City’s opportunities to attract foreign direct investment. Attracting investment from outside of Canada augments and enhances the City’s other efforts to build economic resilience from within. While the City already has a legacy of innovation and growth, it also has a history of using investment from outside to jumpstart new industries, activities , and technologies. Please note that this Foreign Direct Investment Analysis is intended as a supplement to the City’s Economic Development Strategy. The concepts, ideas, and actions contained in this document build on and enhance those in the Economic Development Strategy and also provide a foreign direct investment lens for critical actions. Why Foreign Direct Investment? Foreign Direct Investment (FDI) can and should be a strong component of the City of Pickering’s economic development efforts. FDI is defined as either a greenfield investment or operation in a new market by a foreign company, or acquisition of a local operation by a foreign entity. Foreign investment can have some catalytic economic benefits that differentiates it from other forms of economic growth. These include: Employment and Economic Boost: On average, FDI creates more new jobs and greater capital investment per project than other forms of domestic investment. This can lead to an increase in income and more purchasing power to locals, which in turn leads to an overall boost in targeted economies. Workforce Development: The skills gained by the workforce through training enhances the overall education and human capital within a community. Innovation Enhancement: FDI allows for resource transfers and the exchanges of and enhancement knowledge, technologies, and skills. Increased Income: FDI projects often bring higher than average wages into the region. With more jobs and higher wages, the regional income increases further promoting economic growth. Overall Stimulation: FDI can stimulate a target region’s economic development and create a more conducive environment for companies and investors, and stimulate the local community and economy. While FDI is by no means a “magic bullet” for economic growth, the benefits outlined above certainly provide a strong justification for including FDI efforts in the City’s economic development efforts. 4 - 281 - EBP O -■ I City of Pickering Economic Development Strategy Methodology We built onto the analysis already performed for the Economic Development Strategy for the City of Pickering. We then accessed additional data sources to specifically examine which countries and sectors had produced more or less foreign direct investment to the region. This data allowed us to hone prior analysis with more insight on prior regional success, identify particularly active industry clusters and activities, and compare these with Pickering’s known strengths. The information gained here will also allow the City to better focus on those countries and sectors for which there is known activity and affinity, enhancing the possibility of success. This was then fed into additional suggestions for the Action Plan to identify conferences and events which specialize in particularly promising cluster areas. Foreign Direct Investment Analysis EBP examined foreign direct investment trends in Canada, Ontario, and the Greater Toronto Area to better understand current trends a nd competitive advantages that may exist for the City . This analysis is based on data retrieved from fDi Markets and contains information on projects between 2016 and March 2022 . Foreign Direct Investment in Canada Between 2016 and 2021, FDI in Canada has fluctuated somewhat, but has overall experienced an 85% percent increase in the value of such investments, as seen in the chart below. This increase in the value of FDI indicates general investor confidence in Canada, even during the COVID-19 Pandemic. Please note that the analysis is also skewed due to the inclusion of a $29 billion USD joint venture from Royal Dutch Shell in 2018. The value of this deal is shown in a lighter color for emphasis. Figure 1. Foreign Direct Investment in Canada (In Millions of Canadian Dollars) $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2016 2017 2018 2019 2020 2021 Source: fDi Markets, EBP Analysis. 5 - 282 - EBP O ■ ■ . . ~ r . ■ ■ City of Pickering Economic Development Strategy Figure 2. Foreign Direct Investment in Canada by Country United States United Kingdom France Germany Switzerland India Japan China Australia Sweden Other Table 1. Foreign Direct Investment in Canada by Country Source Country United States Projects 908 CAPEX 49,064.1 Average CAPEX 54.0 Jobs Created 90,836 Average Jobs Created 100 Companies 652 United Kingdom 184 7,170.9 39.0 12,157 66 163 France 135 6,218.7 46.1 13,727 101 118 Germany 106 4,477.2 42.2 6,697 63 87 Switzerland 66 1,644.2 24.9 3,237 49 27 India 56 1,979.4 35.3 10,137 181 39 Japan 51 2,834.5 55.6 3,869 75 45 China 44 3,666.8 83.3 4,243 96 41 Australia 36 703.7 19.5 1,516 42 35 Sweden 32 910.5 28.5 2,161 67 25 Other 290 41,372 142.7 24,333 84 243 Source: fDi Markets, EBP Analysis. 6 - 283 - City of Pickering Economic Development Strategy The United States made up over 40 percent of the funds associated with FDI in Canada. The United Kingdom, France, and Germany made up 4 to 6 percent of the value of investments in this time period. While India, Japan, and China each represent a share of major investment, the distribution of FDI in Canada remains dominated by North America and Europe. Foreign Direct Investment in Ontario The Province of Ontario is a major driver of FDI in Canada, receiving 879 of the 1908 FDI projects tracked between 2016 and 2021. Unsurprisingly, the source country statistics also parallel those for the country as a whole. Figure 3. Foreign Direct Investment in Ontario by Country United States United Kingdom Germany Switzerland Japan India France Australia Sweden Ireland China Other Table 2. Foreign Direct Investment in Ontario by Country Source Country Projects CAPEX Average CAPEX Jobs Created Average Jobs Created Companies United States 450 20,522.6 45.6 42,624 94 371 United Kingdom 86 2,717.8 31.6 5,544 64 84 Germany 55 2,229.5 40.5 3,986 72 51 Switzerland 33 738.4 22.4 1,449 43 16 Japan 30 2,046.6 68.2 2,345 78 27 India 27 839.4 31.1 3,249 120 25 EBP O ■ ■ ~ 6 ■ -■ ■ ■ ■ ■ ■ I I I I I I 7 - 284 - EBP O I I I I I I I I I I I I -,.....,-----,...--,--~ City of Pickering Economic Development Strategy Source Country Projects CAPEX Average CAPEX Jobs Created Average Jobs Created Companies France 23 2,031.4 88.3 4,060 176 22 Australia 17 319.1 18.8 651 38 17 Sweden 15 365.1 24.3 1,151 76 15 Ireland 12 363.7 30.3 697 58 10 China 10 1,213.9 121.4 1,337 133 10 Other 121 5,062 41.8 11,298 93 107 Source: fDi Markets, EBP Analysis. As with the national trends, the United States remains the largest single source of FDI in Ontario, representing 51% of the projects and 53% of the total capital expenditure s into the province. Germany and the United Kingdom still also represent significant sources of investment, but France is a much less significant source of investment into the province. These foreign direct investments also go to numerous clusters, from Professional Services to Energy, as seen in the chart below. Table 3. Foreign Direct Investment in Ontario by Cluster Industry Cluster Projects CAPEX Average CAPEX Jobs Created Average Jobs Created Companies ICT and Electronics 208 10,449.6 50.2 17,831 85 193 Professional Services 137 952.5 7.0 5,447 39 98 Creative Industries 76 2,193.0 28.9 4,622 60 72 Financial Services 75 1,232.6 16.4 3,982 53 71 Transport Equipment 70 8,433.0 120.5 11,490 164 55 Industrial 63 1,194.1 19.0 3,062 48 59 Life Sciences 54 3,045.4 56.4 5,575 103 51 8 - 285 - EBP O I I I I I I -,.....,-----,...--,--~ City of Pickering Economic Development Strategy Industry Cluster Projects CAPEX Average CAPEX Jobs Created Average Jobs Created Companies Agri-Business 51 2,045.8 40.1 3,566 69 42 Consumer Goods 39 3,057.0 78.4 12,002 307 23 Transportation and Warehousing 35 1,428.8 40.8 3,195 91 29 Physical Sciences 17 1,803.2 106.1 3,578 210 16 Construction 14 657.1 46.9 1,017 72 13 Tourism 13 376.5 29.0 971 74 13 Energy 10 197.1 19.7 616 61 7 Environmental Technology 8 1,152.2 144.0 335 41 8 Wood, Apparel, and Related Products 8 225.7 28.2 1,074 134 8 Retail Trade 1 5.7 5.7 28 28 1 Source: fDi Markets, EBP Analysis. The data on investment in Ontario showcases the province’s status as a center of professional and creative activities. ICT, Electronics, and Professional Services make up the greatest activity in the form of projects, representing almost 40% of all of the projects tracked over the analysis period, as well as 30% of the capital expenditures and jobs created. However, the Transportation Equipment cluster (Automotive and Aviation) is also a very significant source of growth in the province , if measured by capital investment (22%) and jobs created (15%). Consumer Goods Manufacturing is also a significant employer, accounting for another 15% of the jobs created over the analysis period. 9 - 286 - EBP O I I I I I I -,.....,-----,...--,--~ City of Pickering Economic Development Strategy Foreign Direct Investment in the Durham Region Drilling closer into the Durham Region provides an even clearer picture of the kind of activity in the Pickering area, as noted in the following table. Table 4. Foreign Direct Investment in the Durham Region by Sector Industry Sector Projects CAPEX Average CAPEX Jobs Created Average Jobs Created Companies Consumer Products 2 211.1 105.5 1,200 600 2 Communications 1 156.8 156.8 132 132 1 Electronic Components 1 145.0 145.0 82 82 1 Automotive Components 1 126.5 126.5 414 414 1 Textiles 1 52.6 52.6 300 300 1 Industrial Equipment 1 49.9 49.9 60 60 1 Metals 1 30.7 30.7 54 54 1 Wood Products 1 25.4 25.4 51 51 1 Business Services 2 3.1 1.6 204 102 2 Source: fDi Markets, EBP Analysis. Activity is fairly evenly distributed across a range of clusters in the Durham Region. Closer examination of tracked projects also provides insight into the source countries and the types of companies who have been looking at the Pickering area for inward investment, as noted in the following table. 10 - 287 - EBP O I I I I I I I I iilllllllll"aa1.~ •• ~~ ,_______ - City of Pickering Economic Development Strategy Table 5. Detailed Foreign Direct Investment in the Durham Region Project Date Investing Company Source Country Destination City Sector Cluster Activity Jobs Created Capital Investment 02-2022 Grant Thornton Canada United Kingdom Ajax Business Services Professional Services Business Services 4 0.3 11-2021 Auto Crypt South Korea Whitby Communications Transport Equipment Research and Development 132 156.8 10-2021 H&M Sweden Ajax Textiles Wood, Apparel, and Related Products Logistics, Distribution, and Transportation 300 52.6 08-2021 Amazon Logistics United States Pickering Consumer Products Consumer Goods Logistics, Distribution, and Transportation 200 35.2 12-2020 Paramount Pallet Australia Whitby Wood Products Environmental Technology Recycling 51 25.4 09-2020 Amazon Logistics United States Ajax Consumer Products Consumer Goods Logistics, Distribution, and Transportation 1000 175.9 07-2019 Gerdau Brazil Whitby Metals Industrial Manufacturing 54 30.68 05-2019 General Motors Canada United States Oshawa Automotive Components Transport Equipment Manufacturing 414 126.55 11 - 288 - EBP O I I I I I I I I City of Pickering Economic Development Strategy Project Date Investing Company Source Country Destination City Sector Cluster Activity Jobs Created Capital Investment 09-2018 Kubota Canada Japan Pickering Industrial Equipment Agri-Business Headquarters 200 1 49.87 10-2017 Veolia Environment France Pickering Electronic Components Environmental Technology Recycling 82 145 07-2017 Concentrix United States Oshawa Business Services Professional Services Customer Contact Centre 200 2.8 Source: fDi Markets, EBP Analysis. Note: According to Equipment Journal, "Kubota Canada currently employs about 190 employees. With the new facility, that number will grow to about 250 by 2027." 1 Equipment Journal, “Kubota is building a new headquarters in Pickering, Ontario.” https://www.equipmentjournal.com/construction -news/kubota-pickering-ontario/. 12 - 289 - EBP O City of Pickering Economic Development Strategy Priority Sectors The above analysis reinforces the findings of the main Economic Development Plan as regards target industry clusters, and also suggests that foreign direct investment attraction activities focus on the following areas: Industry Sector Utilities Electric Power Generation (Nuclear Modular Reactor Production, Low Carbon Hydrogen Production) Manufacturing Aerospace Manufacturing Computer and Electronic Product Manufacturing Electrical Equipment and Component Manufacturing Fabricated Metal Product Manufacturing Food and Beverage Manufacturing Machinery Manufacturing Primary Metal Manufacturing Transportation and Warehousing Multi-Modal Transportation and Logistics Warehousing and Storage Information Adjustments to Marketing and Direct Outreach Each of the actions contained in the overall Economic Development Strategy are necessary for the additional success of the City’s efforts in foreign direct investment. However, there may be some additional activities required to best accommodate the needs of reaching a global audience. The City has stated that they will be taking a direct role in facilitating investment attraction to the City. The following actions should be made to ensure that city staff have the information needed to be able to identify potential investors and know the actions needed to connect with the decisions makers who are most commonly involved in the location selection process. 13 - 290 - City of Pickering Economic Development Strategy All of the items below are intended to be understood as additional to those marketing items included in the Economic Development Strategy. Marketing Appealing and relevant marketing materials are an important piece of attracting new investment. There is an ongoing discussion in Pickering regarding branding for the City, which will likely have ramifications for any of the branding and marketing suggestions to follow. 1. Continue to collect and update competitive and business support information. a. Assemble data supporting the value propositions for each of the major sectors. b. Collect written testimonials from example companies from each of the major sectors. c. Develop editable sector pitch books for major target sectors. 2. Continue to develop updated marketing materials, such as: d. Investor Guide, e. Industry or Function-Specific Information Sheets, f. Web-Based Advertising, including Paid Social Media. 3. Continue to enhance online presence. a. Update the Economic Development Department website on a Task Descriptions regular basis so that information is current and accessible for companies and site selectors considering Pickering for expansion or relocation. i. Develop a wireframe for the website and collect appropriate information and data (workforce, real estate, infrastructure, major companies, costs). ii. Collect written testimonials from example companies from each of the major sectors. iii. The website can be a key asset for branding and marketing efforts, but absolutely requires consistent maintenance. 4. Continue to enhance social media presence. a. Share press releases, industry news, and local news and events that are related to economic development in the City. b. Identify an individual who will have responsibility for collecting and distributing content to: i. LinkedIn, ii. Twitter, iii. YouTube. • Item 2 – Near Term and Ongoing (Indicative of Bandwidth) • Item 3 – Near Term and Ongoing Timeframe • Item 1 – Near Term and Ongoing EBP O 14 - 291 - EBP O City of Pickering Economic Development Strategy Marketing • Item 4 – Near Term and Ongoing (Indicative of Bandwidth) Importance • Item 1 – Medium • Item 2 – High • Item 3 – Medium • Item 4 – Medium Responsible Party • City of Pickering Economic Development and Strategic Projects • City of Pickering Public Affairs and Corporate Communications • Dedicated Marketing Staff Member Direct Outreach The City should continue to expand its existing economic development marketing and outreach to include new messages and possibly to adjust its targets based on the evolving global marketplace. 1. Site Selector Networking: a. Research and identify site selectors with expertise in key sectors that may also be considering Canadian locations or be willing to consider Canadian locations. b. Establish contact with site selectors in key industries, possibly at site selector-focused shows. 2. Industry Networking: a. Targeted list of shows, conferences, and programs to attend and participate in. The following are some suggested expositions, conferences, and programs for targeted sectors: 1. Manufacturing: Advanced Design and Manufacturing Exposition, Anuga FoodTec, Canadian Manufacturing Technology Show, Canadian Nuclear Association Conference, FABTECH, Farnborough Air Show, GLOBE Forum, Paris Air Show Task Descriptions 2. Transportation and Warehousing: Cargo Logistics and Distribution Logistics Summit, Ontario Transportation Exposition, Supply Change Conference and Exposition, WERC 3. Information: Collision, ITech, Sector, TECHSPO 4. Accommodation and Food Services: Canadian Hotel Investment Conference, Canadian Outdoor Hospitality Conference and Exposition, Hotel Association of Canada Conference, MIPIM, SIOR Conference 15 - 292 - EBP O City of Pickering Economic Development Strategy Direct Outreach 5. Other: International Healthy Cities Conference, Smart Cities Connect Conference and Exposition 3. Keep up-to-date employment information on employers in targeted sectors so that it is available to share with site selectors. 4. Identify and engage stakeholders and ambassadors within targeted sectors and work with them to: a. Identify gaps in the value chain or opportunities to enhance competitiveness, b. Hone message to value proposition, c. Identify further addressable shortcomings in infrastructure, policy, or other areas. Timeframe Immediate and Ongoing (As Budget and Travel Conditions Permit) Importance Medium to High Responsible Party • City of Pickering Economic Development and Strategic Projects • Other Regional Partners (Ajax-Pickering Board of Trade, Ontario Ministry of Economic Development, Job Creation and Trade, Region of Durham, Toronto Region Board of Trade) Conclusion EBP will remain in contact after project completion for appropriate follow -on care. We feel our job is not over until the client has implemented the plan, and there are always places where our advice and guidance are needed. The City of Pickering will learn from its efforts as it executes the Action Plan, and we will be honored to help guide future actions as needed. 16 - 293 - Pl(KERJNG Report to Council Report Number: CAO 11-22 Date: June 27, 2022 From: Fiaz Jadoon Director, Economic Development & Strategic Projects Subject: High Frequency Rail -Business Analysis for an HFR Station in Pickering -File: A1440 Recommendation: 1.That Report CAO 11-22 from the Director, Economic Development & Strategic Projects regarding the High Frequency Rail Station Business Analysis completed by WSP be received; 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and 3.That the City Clerk forward a copy of Report CAO 11-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. Executive Summary: In 2021, The Joint Project Office (JPO), a team assembled by VIA Rail Canada (VIA) and the Canada Infrastructure Bank (CIB), announced that it is exploring the opportunity for High Frequency Rail (HFR) service between Toronto and Quebec City. A Request for Expression of Interest (RFEOI) was released by the Government of Canada for industry experts which outlined some expected HFR project outcomes. Pickering Council approved the hiring of WSP for the development of a strategic business case and concept plan for a High Frequency Rail station in Pickering (Resolution #873/22). In partnership with the Region of Durham, City staff provided the necessary data required by WSP as part of their research phase. Upon further evaluation of the scope of work, WSP recommended a high-level phased approach for the final deliverable to enhance the study. The first phase of the study consists of a high-level business analysis and the second phase is a high-level site assessment that is part of a more detailed concept plan for an HFR station. During the study, City and Regional staff had discussions with City of Markham and Region of York staff regarding a collective submission to the JPO. However, following the joint meeting, City of Markham staff informed City of Pickering staff that they will be conducting their own analysis for a potential station. To conduct the study, WSP recommended the selection of a single candidate site to perform scenario-based analyses. Five scenarios were designed to be modeled on this candidate site. Each scenario represents a future development state by 2051, and determines the catchment zone for ridership analysis. - 294 - CAO 11-22 June 27, 2022 Subject: High Frequency Rail – Business Analysis for an HFR Station in Pickering Page 2 City and Regional staff strongly believe presenting the opportunity for an HFR station in Pickering will generate a positive response. Upon receiving feedback from the JPO, the Regional and City staff working group will begin the next phase of the study with WSP to conduct a more detailed analysis of potential sites and develop a concept plan for the HFR station. Financial Implications: This report contains no financial implications to the City of Pickering. Discussion: At the Council meeting of April 25, 2022, Council approved Report CAO 05-22 directing staff to retain WSP for the development of a strategic business case and concept plan for a High Frequency Rail (HFR) station in Pickering (Resolution #873/22). City of Pickering and Region of Durham staff worked in collaboration to execute the study. The initial scope of work developed by City and Regional staff included a strategic business case and concept plan for an HFR station in Pickering. After further discussion with WSP staff and industry leaders, it was determined that the established timeframe would not allow for a quality concept plan to be completed. The revised scope of work breaks the study into two separate phases. The first phase includes a high-level business analysis for the HFR station, and the second phase includes high-level site assessments for a concept plan. This would help the City submit a more refined concept for the JPO. On May 20, 2022, City and Regional staff met with City of Markham and York Region staff to propose a joint effort on the project. Markham and York Regional staff supported the initiative and determined a collaborative approach may be more attractive to the Federal government. However, following the meeting, City of Markham staff confirmed they will also be undertaking a business analysis for an HFR station in Markham. Based on future development in Pickering and existing transportation networks, City and Regional staff provided WSP with potential sites for an HFR station in Pickering. Each site provides access to major roads and highways, and connectivity to current and future transportation systems. As part of the study, WSP created five future scenarios to apply on one of the proposed sites. Each development scenario assumes the full implementation of the GO Rail Expansion Program, and all higher order transit lines as noted by MTO’s Greater Golden Horseshoe Transportation Plan. The scenarios help define the catchment zone surrounding the HFR station and support ridership analysis. WSP’s business analysis explores broad network and land use opportunities made possible by an HFR station. An HFR station in Pickering will connect to local and regional transit networks, creating an accessible and connected transportation system that enhances mobility. A Pickering station stop has the ability to transform the HFR from an exclusive intercity service to a core component of the Greater Toronto Area’s (GTA) rapid transit network. - 295 - CAO 11-22 June 27, 2022 Subject: High Frequency Rail – Business Analysis for an HFR Station in Pickering Page 3 The HFR station has the potential to connect Pickering directly to Downtown Toronto, which will further connect other transit points throughout the GTA, including Pearson Airport. These intercity trains would directly connect development along the Highway 407 corridor in Pickering to Ottawa, the Montreal Airport, and Downtown Montreal, in less than four hours. As Pickering’s population grows in the coming years, so will the employment base. The Prestige Employment Lands located along the south side of Highway 7 offer another opportunity for a potential HFR station. The station would directly serve the employment lands and nearby medium and high-density residential areas located south of Highway 407 to accommodate a broader transit community. The Province’s recent push towards Transit Oriented Communities (TOC) is another reason an HFR station in Pickering would further benefit the Province’s growth plans. The TOC program aims to build vibrant, sustainable, mixed-use communities that bring more housing, jobs, retail, public amenities, and entertainment within walking distance of transit stations. WSP used Innisfil, Ontario’s “The Orbit” example to highlight what an HFR station in Pickering could bring to the City. The Orbit is a planned TOC situated around a new GO Rail station on greenfield lands in Innisfil. This plan is meant to create amenities that are within walking distance, including public transportation, diverse housing options with outdoor components, and a more sustainable community. The candidate site for an HFR station in Pickering profiles a similar scope as The Orbit. A TOC in Pickering could focus growth near transit while providing substantial new employment and amenity opportunities for both Durham and York Region residents and businesses. The potential benefits to an HFR station in Pickering are also in strategic alignment with provincial growth plans. The plans aim to: support intensification, the efficient use of land and infrastructure, and the achievement of complete communities; provide more transportation choices; improve transit connectivity, including connections to rapid transit; and, reduce traffic congestion. A Pickering HFR station provides a unique opportunity for the Provincial and Federal government to enhance its transportation connectivity. According to Government of Canada’s project outcomes outlined in the Request for Expression of Interest (RFEOI) for industry experts, an HFR station in Pickering would fulfill the goals of the project. Additionally, through WSP’s high-level business analysis and site assessments, Pickering holds strong potential for an HFR station as it aligns with broad planning principles and land use opportunities. Staff from Pickering, Durham and WSP plan, with confidence, to present a high-level business analysis for an HFR station in Pickering to the JPO in July 2022. This will showcase Pickering as a potential location for a station stop along the new HFR. Subject to the upcoming feedback from the JPO, City and Regional staff will work with WSP to conduct a fulsome evaluation of potential sites, and develop a concept plan for an HFR station in Pickering. The opportunities identified for a station stop in Pickering, through WSP’s report, provide significant reasoning to develop a station and create a transit-oriented, and sustainable community, not just for Pickering and its surrounding regions, but the GTA and Canada as a whole. - 296 - CAO 11-22 June 27, 2022 Subject: High Frequency Rail – Business Analysis for an HFR Station in Pickering Page 4 Attachments: None Prepared By: Original Signed By: Taaha Javed Economic Development & Strategic Projects Associate Original Signed By: Laraib Arshad Senior Economic Development Officer Approved/Endorsed By: Original Signed By: Fiaz Jadoon, MPM, Ec.D.. CEcD Director, Economic Development & Strategic Projects TJ:tj LA:la Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 297 - Report to Council Report Number: CAO 13-22 Date: June 27, 2022 From: Marisa Carpino Chief Administrative Officer Subject: Approval of “Youth Academic Engagement Strategy – Reaching Higher University & College Prep & Application Review” -Pickering Anti-Black Racism Taskforce (PABRT) -File: A-1440 Recommendation: 1.That Council approve the Pickering Anti-Black Racism Taskforce led initiative, Youth Engagement Strategy (“Reaching Higher”) on Saturday, July 23, 2022, per ADM 040 Boards and Advisory Committees of Council Policy and on terms and conditions satisfactory to the Division Head, Public Affairs & Corporate Communications and the Chief Administrative Officer; and 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Boards and Advisory Committees of Council Policy (ADM 040) requires that the Pickering Anti-Black Racism Taskforce (PABRT) seek Council approval to hold public events. Per section 16.07 of ADM 040, this report includes event details on upcoming PABRT initiatives including budget, number of staff required, name of event, date, and purpose of event. The purpose of this report is to seek Council’s endorsement of the PABRT’s proposed Youth Academic Engagement Strategy, specifically the “Reaching Higher” event on Saturday, July 23, 2022 at George Ashe Community Centre. Financial Implications: PABRT members are responsible for coordinating and operating all aspects of its events including marketing, event organization and operation, setup, and cleanup according to the terms and conditions set out by the City of Pickering. PABRT is also responsible for all costs associated with application fees including permit fees, facility rentals, etc., and any additional costs associated with security as required by the City. PABRT has a budget of $25,000 in the City’s approved 2022 Current Budget, $6,000 of which has been budgeted to cover expenditures related to the Youth Academic Engagement Strategy. - 298 - CAO 13-22 June 27, 2022 Subject: Approval of “Youth Academic Engagement Strategy – Reaching Page 2 Higher University & College Prep & Application Review” Estimated Budget Expense Description Vendor Amount Facilitator Jen McMillan Jen McMillan $2,000 Sound Technician Speakers, microphones, lighting Ray Wilson 400 Permit Fees Permit for George Ashe Community Centre City of Pickering 390 Event supplies Stationary n/a 50 Food Pre-packaged meals from catering company TBD 400 Contingency *for unexpected expenditures 500 TOTAL $3,740 Discussion: Per section 16.07 of the Boards and Advisory Committees of Council Policy (ADM 040), committees are required to “seek Council approval to hold an event and each request to Council must include the complete details of the event (e.g., budget, number of staf f required, name of event, date, and purpose of event).” The policy also requires that the proposed event is in accordance with the Terms of Reference and mandate of the group . As such, staff have prepared this report to provide relevant details around the PABRT’s proposed Youth Academic Engagement Strategy in order to secure Council approval, and proceed with its timely development and execution. Event Details: Name: Reaching Higher: University & College Prep and Application Review Date: Saturday, July 23, 2022 Time: 12:00 pm – 3:00 pm Location: George Ashe Community Centre Description and Purpose: PABRT plans to develop and implement the “Youth Academic Engagement Strategy” in 2022. The Youth Academic Engagement Strategy is a two -part plan to support Black youth (Grades 9-12) in their pursuit of post-secondary education. The first initiative under this strategy is an event called “Reaching Higher: University & College Prep and Application Review” on Saturday, July 23, 2022 from 12:00 pm to 3:00 pm. This clinic will feature a keynote presentation from senior academic administrator, Jen McMillen, Vice Provost, Students at Toronto Metropolitan University. For more than 20 years, Jen McMillen has been dedicated to student development, engage and success with a background in human rights and policy development. She has worked in various progressive capacities at the Humber College, the University of Toronto, McMaster University, Brock University, Western University, the University of Guelph, and Toronto Metropolitan University. As a driver of change and a strong advocate of equity and inclusion, Jen will lead an in-depth conversation with youth and their families on how to navigate academic institutions. Jen’s presentation will address the following topics: application process, - 299 - CAO 13-22 June 27, 2022 Subject: Approval of “Youth Academic Engagement Strategy – Reaching Page 3 Higher University & College Prep & Application Review” funding opportunities (e.g., bursaries, grants, scholarships, etc.), housing and student experience, and employment, among other topics. This presentation will be followed by a Question and Answer session that gives opportunity for participants to seek direct guidance. The Youth Academic Engagement Strategy is aligned with PABRT’s Terms of Reference with respect to its mandate, goals and responsibilities to: Identify barriers and areas of opportunity to enhance the shared experience and opportunities afforded to Black residents. Identify and coordinate opportunities for stakeholder and community engagement. Strengthen and support Black-led economic development and Black employment initiatives. Support and promote the success of the Black community. Provide educational resources to build allies within and for the Black community. City of Pickering staff from relevant departments support the Youth Academic Engagement Strategy, specifically the “Reaching Higher” event , in principle, subject to various requirements being met by PABRT in accordance with relevant policy and during the planning and execution of events and community engagements. The requirements include, but are not limited to the following: Permit for rental facility. Approval of vendors. Rental of equipment and supplies. Submission of site plan and emergency response plan. Pre-registration that does not exceed capacity limits. Other permit regulations (e.g., health and safety regulations). Adhering to Terms of Use for social media platforms. Adherence to the City’s Emergency Weather Standard Operating Procedure. Hiring of site security and police officers to monitor event operations (if applicable). At this time, City staff are requesting Council authorization for the Youth Academic Engagement Strategy, specifically the Reaching Higher event on Saturday, July 23, 2022. Attachments: None - 300 - CAO 13-22 June 27, 2022 Subject: Approval of “Youth Academic Engagement Strategy – Reaching Page 4 Higher University & College Prep & Application Review” Prepared By: Approved/Endorsed By: Original Signed By:Original Signed By: Jaclyn San Antonio Mark Guinto Senior Advisor, Equity, Diversity & Inclusion Division Head, Public Affairs & Corporate Communications JSA Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 301 - Report to Council Report Number: CS 12-22 Date: June 27, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: Boardview Advertising Inc. -Licence Fee Relief and Licence Amending Agreement -File: A-1440-001 Recommendation: 1.That Report CS 12-22, regarding Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement, be received; 2.That the Mayor and City Clerk be authorized to execute the attached Licence Amending Agreement, with Boardview Advertising Inc., containing the following c onditions: a)that the monthly licence fee payments payable to the City in the amount of $4,583.33 be waived from April 2020 to February 2022; b)that the monthly licence fee payments be reduced by 75 per cent to $1,145.83 for the months of March, April and May 2022; c)that the monthly licence fee payments be reduced by 65 per cent to $1,604.17 for the months of June, July and August 2022; d)that the monthly licence fee payments be reduced by 50 per cent to $2,291.67 for the months of September, October and November 2022; e)that the Licence Agreement with the City be extended from December 1, 2022 to November 30, 2023 at the full monthly licence fee payment of $4,583.33 or $55,000.00 per annum; f)that the Licence Agreement with the City be extended from December 1, 2023 to November 30, 2024 and increased by 2.5 per cent at a new monthly licence fee payment of $4,697.92 or $56,375.00 per annum, g)that the Licence Agreement with the City be extended from December 1, 2024 to November 30, 2025 and increased by 2.5 per cent at a new monthly licence fee payment of $4,815.33 or $57,784.00 per annum; h)subject to minor revisions acceptable to the Director, Community Services and the Chief Administrative Officer and in a form and content acceptable to the City Solicitor and Director of City Corporate Services; and - 302 - CS 12-22 June 27, 2022 Subject: Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement Page 2 3.That the appropriate officials of the City of Pickering be authorized to take all the necessary actions to give effect to the recommendations as indicated in this report. Executive Summary: Due to the pandemic, the Province of Ontario mandated the complete closure of indoor public venues in March 2020, including the Chestnut Hill Developments Recreation Complex Arenas, and Don Beer Arena where Boardview Advertising Inc. (Boardview) has a Licencing Agreement with the City to sell advertising on the arena rink boards. The full closure of arenas meant that Boardview was unable to collect any advertising revenues from its clients. At a macro level, the pandemic has had a destructive toll on many small to mid-sized businesses including Boardview and the majority of its clients. Even when arenas were permitted to re-open, Boardview’s clients were not in a position to make their payments. Coupled with lingering economic uncertainty, it has been difficult for Boardview to attract and secure new clients. For these reasons, Boardview is seeking relief from its licence fee payments from April 2020 to February 2022 and a decreasing discount on its monthly fee payments from March 2022 to November 2022. Additionally, Boardview would like to extend its Licencing Agreement for a period of three years commencing December 2022, and at that time, it will once again pay the full monthly licence fee of $4,583.33. The existing Licence Agreement, approved by Council in 2018 as per Resolution #486/18 (Attachment 1), is currently in year one of an optional two year extension period. As the agreement was endorsed by Council, approval for amendment to the agreements must also be endorsed by Council. Financial Implications: Boardview is seeking relief from its licence fee payments to the City of $4,583.33 and is asking for the fees to be completely waived from April 2020 to February 2022, when the arenas were closed and/or spectator attendance restricted. Waiving the licence fee payments for a period of 23 months totaling $105,416.59. Boardview is requesting to have the monthly licence fee payment reduced by 75 per cent to $1,145.83 for the months of March, April and May 2022. This would result in total payments of $3,437.49 and a waiver of $10,312.50. Boardview is requesting to have the monthly licence fee payments reduced by 65 per cent to $1,604.17 for the months of June, July and August 2022. This would result in total payments of $4,812.51 and a waiver of $8,937.48. Boardview is requesting to have the monthly licence fee payments reduced by 50 per cent to $2,291.67 for the months of September, October and November 2022. This would result in payments of $6,875.00 and a waiver of $6,875.00. - 303 - CS 12-22 June 27, 2022 Subject: Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement Page 3 Boardview is requesting to extend its Licence Agreement with the City from December 1, 2022 to November 30, 2023 at the full monthly licence fee payment of $4,583.33 or $55,000.00 per annum. From December 1, 2023 to November 30, 2024, the licence fee payments will increase by 2.5 percent equating to a new monthly licence fee payment of $4,697.92 or $56,375.00 per annum. From December 1, 2024 to November 30, 2025, the licence fee payments will increase by 2.5 percent equating to a new monthly licence fee payment of $4,815.33 or $57,784.00 per annum. The City will receive a total value of $169,159.00 upon completion of the 3 year agreement. The 2022 approved Current Budget included revenues of $55,000.00 in Account number 403078-10235. Proposed amended revenues would total $19,708.34 in 2022 with a revenue shortfall of $35,291.66. Discussion: As a result of the COVID-19 pandemic, all indoor public venues including arenas were closed to stop the spread of the virus, in March 2020. The Chestnut Hill Developments Recreation Complex Arenas and Don Beer Arena were only able to reopen in September 2021. However, while the arenas were open for ice users, no spectators were allowed in the stands. Eventually, spectators were allowed to return, but at a significantly reduced capacity as set out by provincial restrictions. Capacity limits fluctuated for half a year, until they were fully removed in March 2022. For a business that exists solely on advertising revenues, the extended arena closures and reduced capacity limits have had a disastrous financial effect on Boardview. Not only did it have zero advertising revenues for approximately two years, its client base of mainly small-to- medium businesses were also severely impacted. Boardview lost a large number of its long term clients, and is only now able to start collecting funds from those who have chosen to stay on. Exacerbating Boardview’s dire economic situation is that it has been extremely challenged to acquire new clients, as a large number of businesses are still struggling to return to profitability and the uncertainty surrounding the pandemic still lingers making it difficult for clients to commit to new advertising contracts. For these reasons, Boardview is seeking relief from its licence fee payments. It is asking that its licence fee payments be waived to reflect when the arenas were closed and spectator attendance was restricted from April 2020 to February 2022; that it pay only 25 per cent of the monthly licence fee for the months of March, April and May 2022; that it pay only 35 per cent of the monthly licence fee for the months of June, July and August 2022; and that it pay only 50 per cent of the monthly licence fee for the months of September, October and November 2022. - 304 - CS 12-22 June 27, 2022 Subject: Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement Page 4 Boardview has also requested an extension of its Licencing Agreement with the City from December 1, 2022 to November 30, 2025 which staff support. Extending the agreement will allow them to begin to rebuild its client base and sign on long term advertisers. During this span, it will once again pay the full monthly licence fee payment of $4,583.33 or $55,000.00 per annum in Year 1 of the agreement, with a 2.5 per cent increase in licence fee payments in Year 2 of the agreement, and an additional 2.5 per cent increase in licence fee payments in Year 3 of the agreement. Attachment: 1.Licence Amending Agreement between Boardview Advertising Inc. and the City of Pickering Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Mark Guinto Sarah Douglas Murray Division Head, Public Affairs Director, Community Services SDM:mg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 305 - Attachment #1 to Report CS 12-22 Licence Amending Agreement This Licence Agreement is made as of the 1st day of July, 2022. Between: The Corporation of the City of Pickering (the "City") -and - Boardview Advertising Inc. (the "Company") WHEREAS the City has agreed to allow the Company to licence certain areas of the Chestnut Hill Developments Recreation Complex located at 1867 Valley Farm road, Pickering and Don Beer Arena located at 940 Dillingham Road, Pickering for advertising purposes in accordance with the terms and conditions of this Licence; WHEREAS the City and the Company entered into a previous license agreement arrangement the Term which was from December 1, 2018 to November 30, 2021 with a subsequent term of one year renewal upon the City having given written notice to the Company (the Original License); WHEREAS due to the pandemic, the Company was unable to collect any advertising revenue and requested relief from the payment of License Fees as part of the Original License; WHEREAS the City sought and obtained City Council approval to enter into this License Extension and License fee Relief Amending Agreement to amend and extend the terms and conditions of the Original License Agreement to give relief to the Company as requested and extend the License Agreement: IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: Interpretation 1.As used in this Licence, the following terms shall have the following meanings: (a)"Advertising Content" means the advertising content installed by the Company on the Arena Boards and Advertising Devices; - 306 - 2 (b)"Advertising Devices" means advertising panels and display cases within the Chestnut Hill Developments Recreation Complex located at 1867 Valley Farm Road, Pickering (the “Chestnut Hill Developments Recreation Complex”) and the Don Beer Arena located at 940 Dillingham Road, Pickering (the “Don Beer Arena”) as identified in Schedule “A”; (c)"Arenas" means the Delaney and O’Brien Arena located within the Chestnut Hill Developments Recreation Complex and Pads 1, 2 and 3 located with the Don Beer Arena used for ice skating and ice hockey purposes, whether or not they are actually being used for said purposes at any time; (d)"Arena Boards" means the playing surface side of the boards surrounding the Arenas; (e)"Facilities" means the Chestnut Hill Developments Recreation Complex and the Don Beer Arena; and (f)“Term” means the term of this Licence as set out in Section 4. 2.The division of this Licence into sections, subsections, articles and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Licence. Unless otherwise specified, references in this Licence to Sections and Schedules are to Sections and Schedules in this Licence. Grant of Licence 3.Subject to the requirements, terms and conditions of this Licence, the Company, its officers, agents, employees and subcontractors are hereby granted a licence to access the Facilities at such times as may be permitted by the City in accordance with this Licence in order to install the Advertising Devices and Advertising Content. Term 4.The term of this Licence shall be three (3) years commencing on December 1, 2022 and ending on November 30, 2025 (the "Term") unless terminated earlier pursuant to the terms of this Licence. Licence Fees 5.The Company shall pay to the City in and for each year throughout the Term and any term of renewal as a licence fee the amounts set out below, plus applicable H.S.T. (the "Licence Fee"): - 307 - 3 Licence Year Minimum Yearly Minimum Monthly Licence Fee Licence Fee Year 1 (Dec. 1, 2022 – Nov. 30, 2023) $55,000.00 $4,583.33 Year 2 (Dec. 1, 2023 – Nov. 30, 2024) $56,375.00 $4,697.92 Year 3 (Dec. 1, 2024 – Nov. 30, 2025) $57,784.00 $4,815.33 The Company shall be entitled to the following relief from the payment of license fees as it relates to the Original Licence Agreement: (a) that the monthly licence fee payments payable to the City in the amount of $4,583.33 be waived from April 2020 to February 2022; (b) that the monthly licence fee payments be reduced by 75 per cent to $1,145.83 for the months of March, April and May 2022; (c) that the monthly licence fee payments be reduced by 65 per cent to $1,604.17 for the months of June, July and August 2022; (d) that the monthly licence fee payments be reduced by 50 per cent to $2,291.67 for the months of September, October and November 2022. 6. The Company shall pay the City without and deduction, set-off or abatement except as expressly provided under this Licence. 100% of the minimum monthly Licence Fee as set out in the table in Section 6 in equal monthly instalments payable on the first (1st) day of each month throughout the Term and any term of renewal commencing December 1, 2018. Within ten (10) business days following execution of this Licence by both parties, and each year thereafter, the Company shall deliver to the City twelve (12) post-dated cheques for the minimum monthly Licence Fee due for the next twelve (12) months of the Term and any term of renewal. Installation and Maintenance 7. Prior to the installation of any Advertising Device and Advertising Content, the Company shall submit style and design drawings to the City which shall have the right to approve, reject or suggest amendments. 8. Any comment, collaboration, review or approval by the City shall not be construed as relieving or limiting the responsibility or liability of the Company. Likewise, provisions of this Licence shall not be construed as imposed on the City, its officers, employees, servants and agents any responsibility or liability whatsoever by reason of its consent and approval provided hereunder. - 308 - 4 9.The Company shall provide the City with at least twenty-four (24) hours prior written notice when access to the Facilities, Arena boards and Advertising Devices are required in order to install, maintain, replace or remove any Advertising Devices and Advertising Content. Such access shall be booked and approved in advance through the Arena Foreperson at the respective Facility as follows: Chestnut Hill Developments Recreation Complex Arena Foreperson: Dave Platz Phone (office): 905.420.4660 ext. 3225 Phone (cell): 905.767.1537 Don Beer Arena Arena Foreperson: Brett Naherne Phone (office): 905.420.4660 ext. 3801 Phone (cell): 905.424.4336 10.The Company shall be responsible for restoring any part of the Facilities which may be damaged during installation and maintenance of the Advertising Devices and Advertising Content. 11.The Company shall assume all costs and expenses in connection therewith for all capital costs and costs of supplying, installing and maintaining the Advertising Devices and Advertising Content throughout the Term and any term of renewal. 12.Advertising Content installed on the Arena Boards shall be made of a water- resistant substance capable of withstanding normal wear and tear of the Arena Boards, without tearing or being damaged in such a manner as to adversely affect the surface of the Arena Boards. Notwithstanding anything else contained herein, the City shall not be liable for any loss or damage to any Advertising Content installed by the Company on the Arena Boards as a result of the use of the Arena Boards in the ordinary course, save and except any loss or damage arising from the negligence or willful misconduct of the City. 13.All Advertising Devices identified in Schedule "A", other than Item 2 shall be supplied and installed by the Company and shall remain the property of the Company notwithstanding that such Advertising Devices may be affixed to City property (the "Company's Advertising Devices"). 14.The Advertising Devices identified as Item 2 in Schedule “A” shall be supplied by the City at no cost to the Company. Such Advertising Devices shall remain the property of the City and be maintained by the City (the “City’s Advertising Devices”). - 309 - 5 15. All Advertising Content to be installed on the City's Advertising Devices shall be made of "Lexan" or a material of similar weight and properties. Notwithstanding the foregoing, the City reserves the right to reject any material it deems to be unsatisfactory and the Company shall replace such material with an approved alternative. 16. The Company shall not construct, build, erect or install anyimprovements or fixtures on any City property without the prior written approval of the City. 17. The Company shall make available to the City, one (1) space on each Advertising Device bi-annually for use by the City free of charge for public service messages or advertising for municipal purposes, as the City determines in its sole discretion. The City will be responsible for the cost of designing, producing and supplying such public service messages or municipal advertising content. The Company will be responsible for installation and removal of such advertising content at the Company's sole expense. 18. The Company shall, throughout the Term and any term of renewal, ensure that the Advertising Devices and Advertising Content are: (a) installed in good workmanship manner; (b) maintained in a proper state of repair so that the Advertising Devices and Advertising Content do not become unsafe, unsightly or dangerous; (c) properly functioning in accordance with contractual requirements; (d) in proper condition, free of safety hazards; (e) in a state of good repair; and (f) repaired and maintained to ensure that the Advertising Content being publically displayed is readable and otherwise of good quality. 19. The Company shall be responsible for the maintenance or repair of the Advertising Devices and Advertising Content in accordance with Section 19 and shall undertake all maintenance or repair required at the Company's sole expense within forty-eight (48) hours of the City notifying the Company of any Advertising Device or Advertising Content requiring maintenance or repair. The City shall inform the Company when any Advertising Device or Advertising Content requires maintenance or repair as soon as reasonably possible. All of the foregoing shall be completed at no cost to the City. - 310 - 6 20. The Company agrees that all Advertising Content shall meet minimum requirements that such advertising be in good taste and that, without limiting the generality of the foregoing, shall not advertise, promote or mention in any way: (a) cigarettes, cigars or any tobacco product or material; (b) cannabis products or materials; (c) liquor, wine, beer or any other alcoholic beverage; (d) prescription or other drugs; (e) adult entertainment establishments and/or goods or services of any kind designed to appeal to erotic appetites (f) soft drinks, fruit drinks, potable waters, flavoured milks or any other non-alcoholic beverage, including any syrup and preparation from which they may be made, except those which from time to time are manufactured and sold or distributed and sole by authorized beverage vendors; (g) fitness clubs, health and wellness facilities and/or competitive services without the prior written consent of the City; (h) matters of questionable taste in reference to its content or presentation’ (i) offensive and/or racial matters; (j) the endorsing or advocacy of, or opposition to, a political point of view, policy or actions, and/or any advertising which tends to disparage a candidate, part or cause; (k) religious advertising which promotes a specific ideology, ethnic, point of view, policy or action, which, in the opinion of the City might be deemed prejudicial to other religious groups or offensive to uses of City property; (l) demeaning or derogatory portrayals of individuals or groups; (m) controversial societal issues; (n) violence or sexuality; (o) any other subject, goods, products or services otherwise restricted or excluded by the City’s Advertising Policies from time to time, City by-laws, the Region of Durham’s By-laws or any law, regulation or act of any governmental body; and - 311 - 7 (p) the name of any political party and/or advocate the candidacy of an individual during an election year (federal, provincial, or municipal). 21. Advertising Content may advertise, promote or mention: (a) Information to the public informing them of the specifics relating to a meeting, gathering or event if the information is confined to subject, name of speaker, location, date and time of event; and (b) Information related to religious matters designed to promote a specific meeting, gathering or event, if the information is confined to subject, name of speaker, location, date and time of event. 22. The City reserves the right to accept or reject any advertising design or copy proposal submitted by the Company. Further, if the City receives complaints from the general public about any Advertising Content it will notify the Company in writing outlining the nature of the complaint and the Company shall take reasonable measures to address the subject matter of the complaint. 23. The Company acknowledges that the City is guided by the Canadian Code of Advertising Standards, however, the City is the sole and final arbiter in all matters relating to advertising content displayed in or on City property. The City may refuse or order removal of any Advertising Content at any time, at its sole discretion, and the Company shall remove any Advertising Content that is deemed by the City not to comply with the provisions herein or is otherwise objectionable within twenty-four (24) hours of the City giving the Company notice, failing which the City may remove such Advertising Content at the sole expense of the Company. Exclusivity 24. Notwithstanding anything else contained in this Licence, it is acknowledged and agreed that the Company shall not offer for sale any advertising space on an exclusive basis. The Company shall not sell or place Advertising Content in any Facility or location that the City deems to be competitive, and the City, at its sole and absolute discretion, reserves the right at any time to require the Company to remove any Advertising Content if such Advertising Content violates any marketing, sponsorship, naming rights or any other advertising agreement now or hereafter entered into by the City. The City reserves the right to commit to naming rights and sponsorship agreements at any time. Such agreements may limit the ability of the Company to offer long term advertisements. The City will inform the Company of any pending naming rights/sponsorship agreements which might impact Advertising Content placed by the Company. The Company shall remove any Advertising Content which, in the sole opinion of the City, violates the City's naming or sponsorship agreements, and the City shall make - 312 - 8 available to the Company advertising space in an alternate location which is comparable or approximately equivalent to the space from which the Advertising Content was removed. The City shall bear the cost of the removal and reinstallation work required and the Company shall not be entitled to make any claim against the City for any loss or costs as a result of the City exercising its right to require the Company to remove any Advertising Content in accordance with this Section. Indemnity 25.The Company shall indemnify, defend and hold the City and its elected officials, officers, directors, employees and contractors harmless from any and all actions, causes of actions, suits, damages, losses, costs, claims and demands of any nature whatsoever arising from. (a)any actual or alleged libelous or obscene Advertising Content or notice or any actual or alleged copyrighted matter in any Advertising Content; (b)any injury or death of any person or persons, and any damage to property sustained by or occasioned by or in any way arising out of the condition, acts or omissions, breach of contract of the Company relating to this Licence or the installation,maintenance, removal or existence of the Advertising Devices and Advertising Content; (c)any liability which might arise from any breach of applicable municipal, provincial or federal regulations, ordinances, by-laws and laws; (d)any debts or obligations contracted by the Company or its employees in conjunction with the performance of this Licence; (e)the placing and/or removal of any Advertising Content on City property; (f)any claim being made by any person against the City in connection with any Advertising Content; and (g)the negligence or willful misconduct of the Company, its agents, employees and contractors. 26.The obligations of the Company to indemnify the City under the provisions of Section 26 with respect to liability by reason of any matter arising during the Term, and any term of renewal, shall survive any termination of this Licence. 27.The Company shall obtain and keep in full force and effect during the Term, and any term of renewal, the following liability insurance: - 313 - 9 (a) comprehensive liability insurance of not less than five million dollars ($5,000,000.00) per occurrence which shall include contractual liability coverage for liability including claims that might be brought against the City by any employee of the Company or any sub-contractor for all operations and liability assumed under this Licence; (b) automobile liability insurance of not less than two million dollars ($2,000,000.00) per occurrence in respect of each owned or leased license vehicle for liability including claims that might be brought against the City by any employee of the Company or any sub-contractor; and (c) advertiser's liability insurance which shall include contractual liability coverage for liability including claims arising out of libel, slander, unauthorized use of ideas or other materials and invasion of privacy. 28. The policy shall name the City as an additional insured in respect of all operations performed by or on behalf of the Company. 29. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. 30. The Company shall provide a Certificate of Insurance to the City and if the City is not provided with a copy of the policy or a renewal thereof during the Term, and any term of renewal, at least thirty (30) days prior to its expiration date, then the City may arrange for the required coverage at the expense of the Company. 31. The maintenance of insurance as required above shall in no way limit the liability of the Company. Assignment 32. The Company shall not assign or sub-licence all or any portion of this Licence without the City's prior written consent. Default 33. If the Company neglects or fails to carry out or to comply with any of the terms, covenants, undertakings or conditions of this Licence and such default has continued for a period of fifteen (15) days following written notice to the Company, the City may, in its sole discretion, elect to terminate this Licence by giving thirty (30) days notice to the Company and this Licence shall be terminated on the day specified in the notice. Upon such notice having been given, the Company shall forthwith remove all of the Company's Advertising Devices and all Advertising Content, and shall restore the Arena Boards and the City's Advertising Devices to the condition they were in immediately prior to the installation of the Advertising Content and to the satisfaction of the City. - 314 - 10 Notice 34. All notices, demands, requests, objections and payments which may be or are required to be made or given pursuant to this Licence shall be sufficiently given if served personally upon the party or any executive officer of the party for whom it is intended, or mailed, prepaid and registered as follows: to the City at: The Corporation of the city of Pickering Chestnut Hill Developments Recreation Complex One The Esplanade Pickering, ON L1V 6K7 Attention: City Clerk, Fax No.: 905.420.9685 and the Company at: Boardview Advertising Inc. 14 Tresillian Road North York, ON M3H 1L6 Attention: Jory Sigesmund, Fax No.: 416.633.9668 or at such other address as the parties may from time to time advise by notice in writing. The date of receipt of any such notice, demand or request shall be deemed to be the date of delivery if such notice, demand or request is served personally or, on the second (2nd) business day next following the date of such mailing if mailed as aforesaid. General Terms 35. Upon the expiry of the Term, or any term of renewal, the Company shall remove all of the Company’s Advertising Devices and all Advertising Content at its expense within thirty (30) days of the termination of this Licence and restore the Arena boards and the City’s Advertising Devices to the condition they were in immediately prior to the installation of the Advertising Content and to the satisfaction of the City. 36. Where the Company fails to remove any of the Company’s Advertising Devices and any Advertising Content, or to restore the Arena boards and the City’s Advertising Devices, as required by this Licence, the City may, in its sole discretion, take ownership and possession of all or any of the Company’s Advertising Devices and Advertising Content and/or may arrange for the removal - 315 - 11 of all or any of the Company's Advertising Devices and Advertising Content and the related restoration of the Arena Boards and the City's Advertising Devices, and the Company shall be solely responsible for paying to the City all costs incurred by the City for such work. 37. No term, covenant or condition of this Licence shall be deemed to have been waived unless such waiver is in writing. 38. This Licence shall enure to the benefit of and be binding upon the City and the Company and their respective successors and permitted assigns. 39. The parties acknowledge that there are no covenants, representations, warranties, agreements or conditions, expressed or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Licence save as expressly set out in this Licence and that this Licence and the Schedules hereto constitute the entire agreement between the parties and may not be modified except as herein explicitly provided or except by subsequent agreement in writing of equal formality hereto executed by the parties. Schedule "A" attached to this Licence, forms part of this Licence. 40. The parties agree that all of the provisions of this Licence are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate paragraph hereof. Should any provision or provisions of this Licence be illegal or not enforceable, it or they shall be considered separate and severable from this Licence and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 41. The headings in this Licence have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of this Licence nor any of the provisions hereof. 42. No interest in the lands is being conveyed by the granting of this Licence • and the Company shall not register this Licence or any notice in respect thereof on title without the prior written consent of the City, which consent may be arbitrarily withheld. 43. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 44. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, - 316 - 12 c.M.56, as amended, if applicable. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Licence or of any information or documents. 45.The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 46.Nothing herein contained is intended or shall be construed as in any way creating a relationship of partnership, joint venture, agency, landlord/tenant or employer/employee between the Company and the City. 47.This Licence may be executed in counterparts each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Licence by telecopy or by sending a scanned copy by electronic mail shall be effective as delivery of a manually executed counterpart of this Licence. Conflict of Interest 48.The Company acknowledges that neither it, nor its principle officers, staff or its contractors have actual or potential conflicts of interest that would preclude the Company from entering into this Licence. The Company and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the City, with the Licence or the exercise of any of the rights or obligations of the Company hereunder. The Company shall disclose to the City in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. - 317 - 13 49. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Company's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Licence. In Witness Whereof the parties hereto have executed this Licence as of the date first written above. The Corporation of the City of Pickering per: ____________________________ David Ryan, Mayor per: ____________________________ Susan Cassel, City Clerk Boardview Advertising Inc. per: _____________________________ Name: Title: per: _____________________________ Name: Title: - 318 - 14 Schedule “A” Advertising Devices Item 1 – Framed Advertising The City of Pickering serves right of refusal on all advertising. Vendor to provide monthly inventory of all booked spaces. City to retain rights to fill any empty spaces with City/Sponsor Advertising. Facility Qty Size Location Chestnut Hill Developments Recreation Complex 6 4' x4' Throughout lobby and arena seating areas Chestnut Hill DevelopmentsRecreation Complex 14 4' X 8' Throughout lobby and arenaseating areas Chestnut Hill Developments Recreation Complex 6 4' x4' Throughout lobby and arena seating areas Chestnut Hill Developments Recreation Complex 14 4' X 8' Throughout lobby and arena seating areas Item 2 -Dasher Boards City of Pickering reserves right of refusal on all advertising Vendor to provide monthly inventory of all booked spaces. City to retain rights to fill any empty spaces with City/Sponsor Advertising. Facility Qty Chestnut Hill Developments Recreation Complex Delaney Rink 20 Chestnut Hill Developments Recreation Complex O'Brien Rink 15 Don Beer Arena -Arena 1 15 Don Beer Arena -Arena 2 15 Don Beer Arena -Arena 3 15 - 319 - Report to Council Report Number: CS 13-22 Date: June 27, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: Esplanade Park – Artist Selection -Commission of Public Art -File: A-1440-001 Recommendation: 1.That Council endorse that the commission of public art for Esplanade Park be awarded to Studio F Minus in the amount of $80,000 (HST included); 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $72,042 as provided for in the 2022 Current Budget as follows: a)the sum of $30,000 to be funded by the Community Revitalization Fund (CCRF); b)the sum of $42,042 to be funded by a transfer from the Public Art Reserve; 3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding, between Studio F Minus and the City of Pickering, set out in Attachment 4, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: With the approval of Report CS 34-21 (Resolution #714/21) at the Council meeting of October 25, 2021, Council endorsed grant applications to the Federal Economic Development Agency for Southern Ontario (FEDASO) and Canada Community Revitalization Fund (CCRF) for the Improvement of Pickering’s Esplanade Park. Grant funding was confirmed by the Federal Agency on February 7, 2022 and the Esplanade Park Improvement Project (the project) was included in the 2022 Current Budget. The project will create a mindfulness, meditation and music space by installing outdoor musical instruments, additional seating, lighting and electrical upgrades with a large scale piece of public art as the focal point. The budget for the commission of the public art component of this project is $80,000 inclusive of HST. Public Art Policy (CUL 130), as set out in Attachment 1, outlines the criteria, processes and guidelines by which public art is procured by staff at the City of Pickering. The Purchasing - 320 - CS 13-22 June 27, 2022 Subject: Esplanade Park – Artist Selection Page 2 Policy (PUR 010) outlines the criteria, processes and guidelines for the procurement of goods and services for the City of Pickering. Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art projects with costs that exceed $25,000 are subject to Council approval”. Therefore, the purpose of this Report is to seek Council endorsement to proceed with the commission of public art for the Esplanade Park at a cost of $72,042 (net of HST rebate). Financial Implications: The Public Art portion of the Esplanade Park Improvement Project is reflected in the approved 2022 Cultural Services (10200) Current Budget in the amount of $85,000. The net project cost of $72,042 is to be funded from the public art reserve in the amount of $42,042 and through the Canada Community Revitalization Fund (CCRF) in the amount of $30,000. The remaining elements of the Esplanade Park Improvement Project Phase 2 is funded from the Federal Economic Development Agency for Southern Ontario (FEDASO), Canada Community Revitalization Fund (CCRF) in the amount $255,375. Discussion: Esplanade Park was the focus of a Provincial Main Street grant from 2018- 2020. Through that funding, the City installed seating, landscape features and public art in Esplanade Park. At that time, only Phase 1 of the Project was implemented in Esplanade Park. In Phase 2, the City will create a mindfulness, meditation and music space by installing outdoor musical instruments, additional seating, lighting and electrical upgrades with a large scale piece of public art as the focal point. On October 25, 2021, through Report CS 34-21 (Resolution #714/21), Council endorsed the application of the Improvement of Pickering’s Esplanade Park for the Federal Economic Development Agency for Southern Ontario (FEDASO), Canada Community Revitalization Fund (CCRF) for a total project cost of $340,500. Grant funding was approved on February 7, 2022 by the Federal Agency and the projects were included in the approved 2022 Current Budget. The grant requires that all grant funds are spent prior to December 31, 2022. As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), an Expression of Interest was selected as the Method of Acquisition. A two stage process was selected in which Stage 1 would pre-qualify a short list of three artists. The three selected artists would then be invited to participate in Phase 2 in which they submitted a detailed project proposal that was scored by the Public Art Jury to select the project. A Call to Artists was issued on March 7, 2022 (Attachment 2). The Call to Artists was advertised through the City of Pickering website as well as Akimbo, PineRidge Arts Council (PRAC) newsletter, Community Services Distribution List, Creative Cities, DurhamRegion.com, Preston Gallery (Uxbridge), Robert McLaughlin Gallery (Oshawa) and through Social Media Ads (Facebook and Instagram). As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition of $25,000 and over in value. The Public Art Jury is to be organized on a case by case and - 321 - CS 13-22 June 27, 2022 Subject: Esplanade Park – Artist Selection Page 3 project by project basis. The Public Art Jury evaluates the artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of the Policy. A Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. Forty-three artists responded to the Call to Artists with a conceptual design proposal. The Public Art Jury met on April 14, 2022 to confirm the results of the scoring and select the top three artists to move to Phase 2 as per the information set forth in the Call to Artists. The Cultural Advisory Committee endorsed the top three artists as selected by the Public Art Jury at their meeting on April 19, 2022. The Phase 2 proposals were received on May 27, 2022. Each artist presented their concept to the Public Art Jury on June 1, 2022. The jury reviewed the judging criteria, scored each proposal and ranked the top three finalists following the artist’s presentations. Based on the ranking, Studio F Minus was recommended as the artists to be awarded the commission of public art in Esplanade Park for Phase 2 of the project. The Public Art Jury recommendation was endorsed by the Public Art Committee on June 13, 2022 and by the Cultural Advisory Committee on June 14, 2022. The conceptual design proposal is set out in Attachment 3. The Artists made the following statement: “REFLECTIONS is a highly engaging yet intimate work of public art that feels incomplete. Among an intriguing array of mirrored panels that force you to take a look yourself from different perspectives, sits a solitary void to the open sky. The sculpture marks the lives of those we lost to Covid-19 and examines themes of loss, grief, self-reflection, and how they each require time”. Staff request that Council endorse the commission of public art for Esplanade Park be awarded to Studio F Minus in the amount of $80,000 (HST included). The Letter of Understanding (set out in Attachment 4) was drafted by Cultural Services staff and reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with Studio F Minus. The installation of additional seating, outdoor instruments, lighting and electrical upgrades will take place in September/October 2022. Subject to Council’s endorsement of Report CS 13-22, the artists will begin fabrication of the artwork which will be installed in November 2022. Attachments: 1.Public Art Policy 2.Esplanade Park – Call to Artists 3.Artist Conceptual Detailed Proposal 4.Agreement – Letter of Understanding - 322 - CS 13-22 Subject: Esplanade Park – Artist Selection June 27, 2022 Page 4 Prepared By: Original Signed By Approved/Endorsed By: Original Signed By Laura Gibbs Manager, Cultural Services Sarah Douglas-Murray Director, Community Services SDM:lg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 323 - ~C~of p](KERJNG Policy · Attachment #1 to Report CS 13-22 Procedure Title: Public Art Policy Policy Number CUL 130 Reference Date Originated (m/d/y) Date Revised (m/d/y) Pages Report #CS 36 -19 November 25, 2019 21 Resolution# 167/19 Approval: Chief Ad Point of Contact Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. · As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City . This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will : • create attractiveness; • promote community identity; • reflect diversity and community landscape ; • celebrate heritage; • create a sense of place and attract interest; • provide amusement, reflection and intrigue to a community, and , • be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City's support for the arts and culture sector, and provide economic benefits . . Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Purpose and Objectives 05 Administration 06 City Representation - 324 - 07 Selection Process 08 Acquisition 09 Selection Considerations 10 Site Selection 11 Collections Management 12 Maintenance & Conservation 13 Insurance 14 Storage 15 Agreements & Installation 16 Deaccession & Disposal 17 Copyright and Intellectual Property 18 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 22 Funding 01 Definitions 01.01 Accession -the act of recording and processing artwork to the City's Public Art Collection. 01.02 Acquisition -obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving -the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist -the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. 01.05 Borrowed -refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. Policy Title: Public Art Policy Page 2 of 21 Policy Number: CUL 130 - 325 - 01.06 Call to Artists -a request for proposal that outlines the scope of the Public Art that the City wishes to acquire. The Call to Artists will outline aspects such as project theme, timeline, compensation, and location. 01.07 Commissioning -the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art-artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art-created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation -the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright-the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making -a practice where people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 Deaccession -the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City's Public Art Collection. 01.14 Intellectual Property -the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.15 Moral Rights -the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non-transferable and endure even after copyright has been assigned. 01.16 Municipally Owned Public Space -includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.17 Permanent Public Art-an original artwork which is situated at a particular site for longer than one year. 01.18 Public Art -art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: • sculptures; • murals; • memorials or monuments; Policy Title: Public Art Policy Page 3 of 21 Policy Number: CUL 130 - 326 - • fountains or water features that contribute aesthetically to their surroundings (not splash pads); • hard and soft landscaping components; which are not a mere extension of the landscape/architecture; • architectural components, specialized lighting; and • Community art projects related to neighbourhood beautification. 01.19 Public Art Committee -is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury -is a group of residents, professionals and staff selected who evaluate artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down selections for acquisition. 01.21 Professional Artist-a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. 01.22 Public Space -space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration -the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage -any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Transitory Public Art -an original artwork that are temporary, which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan's strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: • developing and implementing a Public Art Policy, program, and funding formula; • using art to enhance public spaces, particularly within the City Centre; • assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, • establishing a Public Art Reserve Fund. Policy Title: Public Art Policy Page 4.of 21 Policy Number: CUL 130 - 327 - 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: • promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; • encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, • considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. The commission and acquisition of Public Art is exempt from the City's Purchasing Policy and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Purpose and Objectives 04.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: • long-term planning; • establishing a funding framework; • creating an administrative structure; • identifying opportunities for public art; • initiating completions and a selection process; • implementing and/or assisting with public art projects; and, • ongoing maintenance, management, deaccession and disposal of the public art collection. Policy Title: Public Art Policy Page 5 of 21 Policy Number: CUL 130 - 328 - 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that it does not own, to be placed on municipally owned public space through an agreement between the City and the owner of public art. The City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; or, • is in direct competition with City of Pickering services, programs or initiatives. 05 Administration 05.01 The Public Art Policy and Program will be administered by City of Pickering Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and the Council of the City of Pickering. 05.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 06 City Representation 06.01 Council The Council of the City of Pickering is responsible to: • approve and uphold the Public Art Policy and any amendments; • approve annual Public Art funding and expenditures in the Capital and Current Budget; and, • act as an advocate for art in Public Spaces, and Private Developments in the City. 06.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: • approve and uphold the Public Art policy, along with any amendments; • approve any changes to the Public Art policy, as needed; • act as an advocate for Public Art in Public Spaces, and private developments; and, • support Public Art budget through the budget process. Policy Title: Public Art Policy Page 6 of 21 Policy Number: CUL 130 - 329 - 06.03 Director, Community Services Director Community Services to: • uphold the Public Art Policy, along with any amendments; • recommend any changes to the Public Art Policy, as needed; and, • recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to: • oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; • manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; • develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, • identify, approve appointments and establish the Public Art Committee; • work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan); • facilitate regular Public Art Committee meetings, circulating information, providing guidance and arrange for the recording of minutes; • facilitate Public Art Jury meetings, circulating information, providing guidance and arrange for the recording of minutes, as may be required; • develop "call to artists" and coordinate the selection process; • establish artist selection processes,-manage artist contracts, and compensation; • liaise with selected artists to oversee installation and develop agreements; • develop promotional and marketing initiatives to community Public Art activities; • establish, maintain and promote the Public Art public inventory; • identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO; • advise Council, staff and residents on the Public Art Policy and related initiatives; • develop the Public Art budget through the City's annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. Policy Title: Public Art Policy Page 7 of 21 Policy Number: CUL 130 - 330 - 06.05 City Development Department City Development staff to: • work with Community Services Department staff to identify appropriate locations for public art; • ensure public art is considered in the planning of new communities, development of ·community design guidelines, and design of corporate and community facilities; and, • encourage and secure public art through the review and approval of development applications. 06.06 Engineering Services Department Engineering Services staff to: • work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; • incorporate public art into parks, landscaping, and streetscapes; and, • ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter-department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: • Community Services; • City Development; and, • Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: • City of Pickering Library staff; • City of Pickering Heritage Planner; and, • Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 07 Selection Process 07.01 Public Art Committee The Public Art Committee will be a standing sub-committee of the City's Cultural Advisory Committee. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee itself. The other four members will not be members of the Cultural Advisory Committee, but will have professional experience related to at least one Policy Title: Public Art Policy Page 8 of 21 Policy Number: CUL 130 - 331 - of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee shall be residents of Pickering and will demonstrate a significant knowledge of arts and culture. The Public Art Committee will: i. Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii. Review proposed project scope and terms of reference for each new Public Art project. iii. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. iv. Ensure application of established procedures and guidelines for each selection process. v. Advise and promote communication and outreach of this Policy to the community. vi. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. vii. Advise and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii. Review the results of the Public Art Jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, the City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; and, • is in direct competition with City of Pickering services, programs or initiatives. All decisions made by the Public Art Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition of $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Committee. The Public Art Jury will be organized on a case by case, and project by project basis. Policy Title: Public Art Policy Page 9 of 21 Policy Number: CUL 130 - 332 - The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the three top ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the three top-ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of: • Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a Public Art project. • Three resident members from the Public Art Committee. • Two professional artists that are not residents of the City of Pickering. • One professional architect that is not a resident of the City of Pickering. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 07.03 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the specific aims in the project brief. The Public Art Jury (as per section 07.02) will also consider the artist's: • artistic excellence of previous work; • ability to achieve the highest quality of contemporary artistic excellence and innovation; • professional qualifications and relevant working experience as related to the public art project brief; • ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • potential to comprehend, access and interpret relevant technical requirements; and, • interest in and understanding of the public art opportunity and the context. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: • professional artists whose work is relevant to the community; • Pickering artists, or artists whose work is Pickering based; • artists that are members of a Pickering-based arts organization; and, Policy Title: Public Art Policy Page 10 of 21 Policy Number: CUL 130 - 333 - • City staff or their immediate family members. The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence The City of Pickering will provide opportunities for an Artist in Residence program, provided that: • funding exists through a grant or approved budget; • the residency is of mutual benefit to the City and the Artist(s); • a portion of the works created will remain in the City Collection; and, • artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 08 Acquisition The City may acquire works of art through purchase, commissioning, donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.01 Purchase or Commission of Art The process for purchasing and commissioning art will be fair and transparent and will be in accordance with the City's Purchasing Policy. Depending on the nature of the artwork, it may be secured through: • The issuance of an Open Call. This type of competition is the preferred method which sees a "Call to Artists" developed and issued. A "Call to Artists" can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. A RFQ may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local/Canadian submission. • Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. Policy Title: Public Art Policy Page 11 of 21 Policy Number: CUL 130 - 334 - • Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art project, or when and existing piece of Public Art is purchased. In the instance of the purchase of an existing piece of art, an appraiser or outside expert maybe called in to determine authenticity. For large commissions in public spaces, the Public Art Committee may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. 08.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City's Financial Control Policy FIN-030 and be subject to an evaluation process based on the City's donation criteria outlined below: • information about the artwork including photographs of the artwork (if existing) or illustrations (if proposed); • maintenance and conservation plan, including the condition of the work and any repairs needed; • site installation requirements of the artwork; • projected budget for installation and ongoing maintenance of the artwork; • legal proof of the donor's authority to donate the work; and, • where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. All donations of existing artworks will be subject to a review process by Community Services staff in collaboration with the Public Art Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 07.01 and 07.03. The City is not required to accept donations of Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis, which outlines aspects such as the benefits of the acquisition, and short and long term costs. The individuals or organizations proposing to donate artwork will be notified of the City's decision to accept or decline the donation. If accepted, the individual and/or organization shall acknowledge that donated art cannot be returned. Accepted donations of public art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the Policy Title: Public Art Policy Page 12 of 21 Policy Number: CUL 130 - 335 - donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Donation of funding from the public or private sector for the City's Public Art program will be added to the Public Art Reserve Fund. 08.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 08 of this Policy. Temporary installations of artwork will be documented, and included in the City's inventory of public art exhibitions; listing the dates of display, and a project/artist statement. 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i. directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii. art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii. landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv. easily moveable artworks such as paintings, drawings, models and .books. 09 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should take into account the following: Policy Title: Public Art Policy Page 13 of 21 Policy Number: CUL 130 - 336 - Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the-location's uses and users Economic Value • Short and long term costs • Tourism potential Installation Maintenance &Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work . • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outline in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines. 10 Site Selection The selection of sites for public art shall be made by City staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria: • potential visibility of public art; • distribution of projects across the City; • implementation potential; • public benefit; • geographic justification; • quality, scale and character of the public art are suitable for the location and audience; • environmental conditions, site servicing and safety; and, Policy Title: Public Art Policy Page 14 of 21 Policy Number: CUL 130 - 337 - • does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: • public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces); and, • Parks and Public Spaces. · For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.01 On Lands Owned by the City of Pickering Installation of public art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff and Public Art Committee; and, to present to the Council of the City of Pickering. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to the Council of the City of Pickering. 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. Policy Title: Public Art Policy Page 15 of 21 Policy Number: CUL 130 - 338 - 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to the Council of the City of Pickering. Direction on options for private sector contributions to public art are provided in Section 21 of this Policy. 11 Collections Management 11.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 11.02 Accessioning/Registry/Inventory: • The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. • Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program. · • Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 12 Maintenance & Conservation 12.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.02 All public art submissions must include a detailed manual from the artist outlining the maintenance and/or conservation plan. The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers' lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. 13 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City's Insurance Policy. Policy Title: Public Art Policy Page 16 of 21 Policy Number: CUL 130 - 339 - 13.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 14 Storage 14.01 When storage of Public Art, whethe·r short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City's Owned Public Art. 15 Agreements & Installation 15.01 The Artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the Artist's obligations, which include, but are not limited to: • Materials • Time lines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution . .15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of . public art without the a.rtist's and/or donor's consent. 16 Deaccession & Disposal 16.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: • endangerment of public safety; • excessive repair or maintenance; • irreparable damage; Policy Title: Public Art Policy Page 17 of 21 Policy Number: CUL 130 - 340 - • inaccessibility; • site redevelopment; • art is no longer relevant ; • works that endanger public safety; • possibility of upgrading through exchange; • no appropriate location for exhibition of work; • copies, forgery or reproductions lacking authe·nticity or archival value; • the public art is no longer relevant to the City's Public Art Collection, or • the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 16.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 16.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of deaccession will be made by Cultural Services Staff. The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 17 Copyright and Intellectual Property 17 .01 Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03. 17.02 The City will respect the artist's right of authorship and the integrity of the public art. 17.03 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.04 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. 17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g .. for integrated artworks or artist on a design team) or for developer-provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. Policy Title: Public Art Policy Page 18 of 21 Policy Number: CUL 130 - 341 - 18 Artist Remuneration 18.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis. 18.02 Artist Contract Terms -In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector, which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following: • scope of work (may be design services only; or design, fabricate and/or install); • City's and artist's obligations, appropriately apportioning risk and responsibility; • timelines; • ownership, maintenance, and conservation obligations; • intellectual Property, Copyright, and Artist Moral Rights; • artist recognition; • warranty and insurance (as appropriate); and, • payment schedule. 19 Community Engagement & Awareness 19.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City's Public Art Collection in the community. 19.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions fo the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. 20.02 This information will also be held within the Public Art Inventory; which will be maintained by the Community Services Department. Policy Title: Public Art Policy Page 19 of 21 Policy Number: CUL 130 - 342 - 21 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are: • On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner. • Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing · maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City. • Partnership with business/agency. 22 Funding 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and deaccession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. Policy Title: Public Art Policy Page 20 of 21 Policy Number: CUL 130 - 343 - 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Public Art Policy Page 21 of 21 Policy Number: CUL 130 - 344 - Attachment #2 to Report CS 13-22 Call to Artists: Pickering Public Art Esplanade Park Phase 2 Deadline: Friday April 1, 2022 by 4 p.m. “Spirit of Pickering” – Esplanade Park Sculptures (Phase 1, 2020) Concept design – Esplanade Park Phase 2 (2022) Page | 1 - 345 - Artist Opportunity The City of Pickering invites artists to respond to the Call to Artists to create a permanent outdoor public artwork for Esplanade Park. As per the City of Pickering Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. A public art jury comprised of city staff, practicing arts professionals, and community members will be established for this two-stage competition. Public Art Opportunity The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. The artwork will be located in Esplanade Park, right in Pickering’s City Centre. The enhancement of Esplanade Park (Phase 2) provides a public site for an art work at One the Esplanade on the North East corner of Esplanade North and Valley Farm Road. This public art piece is intended to reflect the impact of COVID-19 on our community and our resilience. This public art piece will be featured as part of a new Meditation, Mindfulness and Music Park. Enhancements to the park include new garden features, playable outdoor musical instruments, lighting and seating. Community Background Esplanade Park is part of a City Centre development project which will include the development of a vibrant downtown core with a Performing Arts Centre, Youth & Senior’s Centre, and new Central Library. Final designs for the City Centre project are currently underway. Esplanade Park will serve as the primary public green space that is located in the heart of City Centre with increased passive use, use as an events space and use for commemorations and celebrations. In 2018, the City of Pickering received provincial support to complete Phase 1 enhancements to Esplanade Park through the Main Street Fund. Phase 1 included the installation of several pieces of permanent public art including four sculptures by artists Geordie Lishman, ‘spirit of Pickering’, and two sculptures by artist Ron Baird, Page | 2 - 346 - ‘Pollinators’. Phase 1 upgrades were installed in 2020, and included upgraded landscaping and seating in Esplanade Park. Phase 2 of this project was not funded at that time, but includes further enhancements to the park. With the funding support of the Government of Canada, the City of Pickering will initiate Phase 2 of this project in 2022. In response to the pandemic, Phase 2 of the Esplanade Park project will include a Meditation, Mindfulness and Music Park to provide a public space for people to practice self-care and reflection. The park will include sensory plantings, accessible seating, upgraded lighting, and playable music instruments. The permanent public art work will serve as the focal point for this space. Pickering’s community was impacted significantly by COVID-19. In particular, the families of victims of the pandemic, those living in long term care, our first responders and front line workers. These members of our community will be recognized and remembered through the elements of this Phase 2 Esplanade Park project. Budget: $80,000 CAD (maximum). This is the total amount available for all related expenses of this public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, technical consultations and approvals or other expertise as required, fabrication, installation, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Time lines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Stage 1: Open Call The public art jury will review all submissions and identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute an innovative, engaging public artwork that is complementary to the overall design scheme and community context. Page | 3 - 347 - EXPRESSION OF INTEREST SUBMISSIONS Artists are invited to respond to this EOI by submitting a single pdf document: This pdf document must be labeled with the name of the artist and project (Last Name First Name_ EsplanadePark) and include: •CV (one for each team member, if applicable) •Brief artist statement outlining interest in project, showing relevant experience, ability, and general artistic approach. Please include your experience and intended approach to the community engaged process. Do not include proposals at this stage. •Maximum ten (10) images of work, with caption including title, materials, dimensions, location, and commissioning body (if applicable). Audio / Video files may be provided via URL. •Names and contact information for two references (preferably from recent projects). Email submissions to: communityservices@pickering.ca Submissions must be received by 4PM ET, April 1, 2022. Late submissions will not be accepted. Stage 2: Conceptual Design The short-listed artists will be notified in April, 2022 and invited to submit a conceptual design proposal in a PowerPoint presentation. A detailed Terms of Reference project document will be provided to help short-listed artists prepare their proposals. Short- listed artists will be paid a fee of $1,500.00 (+HST) for their submission of a complete conceptual design proposal. Short-listed artists must attend an interview and present their proposals (online presentations may be required) to the public art jury the week of May 30, 2022. When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 1 of this Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy) will also consider the artist's: •Artistic excellence of previous work; •Ability to achieve the highest quality of contemporary artistic excellence and innovation; •Professional qualifications and relevant working experience as related to the public art project brief; Page | 4 - 348 - • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity and the context. The Public Art Jury in selecting the successful proposal will also take into account the following: Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/ or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location's uses and users Economic Value • Short and long term costs • Tourism potential Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines Page | 5 - 349 - Project Considerations The artwork must adhere to the following design parameters: •Be an exterior sculptural installation, suitable for exhibition in a public space; •Be appropriate for the site in scale, execution, materials and creativity; •Be fabricated using high quality, long-lasting materials; and •Not pose a risk to public safety. The selected artist will be required to submit drawings certified by a structural engineer licensed to operate in Ontario, at their own expense. Overall Project Timeline: March 7, 2022: Stage 1: Open Call issued April 1, 2022 4 pm: Stage 1: Open Call submissions due to the City April 4 -15, 2022: Application reviews and public art jury meeting April 19, 2022: Deadline to notify short-listed artists. Artists will be provided with detailed Terms of Reference project document for the public artwork at this stage. May 27, 2022 4 pm: Stage 2: Conceptual Design proposal deadline Week of May 30, 2022: Artist interviews and selection June 30, 2022: Deadline to notify selected Artist Week of July 4, 2022: Technical Review with project staff. This meeting will provide the selected Artist with further technical specifications and feedback on the submitted conceptual art work from lead project staff from the City. Week of July 4, 2022: Project Contract signed and executed for project deliverables. November 2022: Anticipated installation date Decisions of the public art jury are final. Contact Information: Laura Gibbs Manager, Cultural Services 905.420.4660 x3709 lgibbs@pickering.ca Page | 6 - 350 - Attachment #3 to Report CS 13-22 ESPLANADE PARK PICKERING Public Art Proposal REFLECTIONS STUDIO F MINUS May 27, 2022 www.studiofminus.com brad@studiofminus.com (416) 799-3932 - 351 - ARTIST STATEMENT A monument marks an event. A great public sculpture that pays tribute is able to evoke the emotional experience of an event so that those who were present can heal and those who come later can begin to understand. REFLECTIONS is a highly engaging yet intimate work of public art that feels incomplete. Among an intriguing array mirrored panels that force you to take a look yourself from diferent perspectives, sits a solitary void to the open sky. The sculpture marks the lives of those we lost to Covid-19 and examines themes of loss, grief, self-refection, and how they each require time. - 352 - DESCRIPTION Seen from the back with its rough-hewn, light-coloured concrete, REFLECTIONS is evocative of a traditional monumental obelisk if not for one glaring diference. Te sculpture appears to be bending forward, like a twelve-foot-tall stone giant, leaning down to engage in compassionate conversation with its visitors. EXISTING MONUMENTS AT ESPLANADE PARK SCALE MODEL OF REFLECTIONS - SEEN FROM REAR - 353 - DESCRIPTION CONTINUED On its front the sculpture is tiled with dozens of stainless-steel mirrors which evoke row upon row of oval-shaped portraits, or round lockets. Standing in front of the sculpture you come face to face with a crowd of your own refections looking back at you, each one showing you from a slightly diferent perspective and background. Te most jarring refection is the one that is missing, and in its place, is a void framing the sky. When we lose a loved one we feel incomplete and we wish for their return to feel whole again. DIAGRAM OF SCULPTURE OPTICS - 354 - DESCRIPTION CONTINUED Time is an important part of both grieving and self-refection. Sitting on the South edge of the circle - defned by the site’s benches – with its pinnacle leaning in towards the centre the sculpture is also reminiscent of a sun dial. As the sun crosses the sky behind the sculpture, its long linear shadow crawls from West to East. As the shadow sweeps across the ground the lit keyhole of the void follows. This bright spot is a reminder that although our lost are gone they are not forgotten and will continue to be a part of us in a transformed state – one of memory and infuence – that swings in and out of our daily lives. IMAGE OF ANCIENT SUNDIAL SUNDIAL EFFECT - THE SHADOW CAST BY THE SCULPTURE CHANGES DURING THE COURSE OF THE DAY - 355 - SITE PLAN - 356 - ELEVATIONS AP P R O X . 1 2 F T SIDE ELEVATION FRONT ELEVATION - 357 - ‘FLOW’ OF SCULPTURE WITH LANDSCAPING POTENTIAL BENCH LAYOUT OPTIONS -WE LOOK FORWARD TO WORKING WITH THE CITY TEAM TO DETERMINE THE BEST LAYOUT FOR THE PRECAST CONCRETE BENCHES IN THE ARTWORK LOCATION. SITE INTEGRATION Te scale and the arched form of REFLECTIONS integrates perfectly with the fowing, curvilinear design of the precast elements and overall layout of the Meditation, Mindfulness, and Music Park. Te rough stone plays of the existing material palette of the park and ofers a beautiful material contrast with the polished stainless-steel mirrors. Te mirrors also bring colour into the artwork without the need for paint or the maintenance requirements associated with it. Te colours are not static, they shif constantly as the mirrors refect changes in the sky, the visitors, and the park’s trees and other natural elements as they change throughout the seasons. INTERACTIVITY REFLECTIONS compliments the use of the Meditation, Mindfulness, and Music Park ofering a unique opportunity for various types of interaction. Not only does the sculpture function as a focal point for quiet refection and contemplation for those who seek it, its captivating, multi-faceted, mirrored surface inspires playful interaction that is fully inclusive to Pickering’s diverse range of residents and tourists. Ofering endless kaleidoscopic variations, REFLECTIONS is extremely photogenic and will undoubtedly become a destination as visitors will be intrigued to play in the refections, alone, in pairs, and larger groups. - 358 - MIRROR FINISH STAINLESS STEEL TO PORTRAIT WATERJET CUT PROPORTIONS EXISTING BENCHES WITH ONE REMOVED FOR DIAGRAM CLARITY POURED CONCRETE WITH PEBBLE STONE FINISH FOOTING BELOW GRADE FABRICATION REFLECTIONS will be fabricated using materials and methods that we have been refning and successfully employing in our public art practice for over a decade. Te sculpture will be constructed reinforced poured concrete with a pebbled texture and mirror polished, highly corrosion resistant stainless-steel panels. INSTALLATION Te installation of REFLECTION will be straightforward. We will coordinate the excavation for, and pouring of, the reinforced concrete foundation with the team early on such that there is ample time for concrete to cure before erecting the above grade portion of the sculpture. Afer the formwork is removed and the fnished concrete has had time to cure the waterjet cut stainless steel panels will be permanently adhered. DETAIL SECTION OF FOOTING REINFORCED CONCRETE WITH PEBBLED SURFACE REBAR WATERJET CUT MIRROR FINISH STAINLESS STEEL CURB TO PROTECT BASE OF STAINLESS STEEL FINISHED PAVING REINFORCED CONCRETE FOOTING - 359 - ENGINEERING Given the large scale of REFLECTIONS, we will enlist the services of Blackwell Engineering, whose structural review and input on our work over the years has resulted in a portfolio of structurally sound, trouble-free outdoor public sculptures. In anticipation that some individuals will physically interact with any piece of sculpture in the public space we work with Blackwell to ensure that in the case that that happens, our artworks can withstand such forces without damage. As the sculpture and its mirrored surfaces face predominantly North in order to have the intended shadow efect, there is no concern the sun refections resulting in glare or hot spots. MAINTENANCE Having successfully utilized stainless-steel and poured concrete in other permanent outdoor artworks in Ontario, we can confdently say that any maintenance of this artwork will be minimal, benefting from an annual hose down if required. Stainless steel is extremely durable, it is highly resistant to corrosion, rust, even dirt build-up, and most grafti mediums can be removed with soap or mild solvents. Te concrete’s pebbled texture is less enticing for grafti markers than smooth concrete, and will also be coated in a resistant clear coat. - 360 - Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Studio F Minus LTD. (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the artwork creation and installation of the artwork for the Esplanade Park Phase 2 Meditation, Mindfulness and Music Park for the City of Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled November 2022. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City of Pickering Standard Quotation Terms & Conditions. 2.Background The Esplanade Park Phase 2 public art project is operated and administered by the City. The City issued a call to artists for Expressions of Interest dated March 7, 2022, with respect to the Esplanade Park Phase 2 project. Applications were due April 1, 2022. This was a two-stage competition. Stage One: Applicants were reviewed based on the merit of the artist’s past work, professional qualifications and experience. Stage Two: Short-listed artists developed their artwork conceptual design based on detailed artwork specifications. The public art concepts were selected by a specially convened independent Public Art Jury, made up of visual arts professionals, community representatives, and City staff. Following a review of submissions by the Public Art Jury in response to the call for Expressions of Interest the City invited a short list of Artists/Artist teams to submit a Conceptual Design based on the conditions outlined in the Terms of Reference for the Esplanade Park Phase 2 dated April 19, 2022, (the “Terms of Reference”), a copy of which is attached as Schedule “A” to this Agreement. The Artist submitted a proposal dated M, D, Y, (“the Proposal”), a copy of which is attached as Schedule “B” to this Agreement. The Artist has been selected by the City to create, manufacture and install or deliver to the site, as required for the different components, the Artwork titled REFLECTIONS in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement. This public art piece will be featured as part of a new Meditation, Mindfulness and Music Park and is intended to reflect the impact of COVID-19 on our community and our resilience through a sculptural installation. Attachment #4 to Report CS 13-22 - 361 - Letter of Understanding Public Artwork Agreement 3.Definitions Artwork -The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “B” attached hereto. The Work -The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Place of Installation -The “Place of Installation” is the north east corner of Esplanade Park, located at Esplanade North and Valley Farm Road, more specifically located as shown on the attached drawing Schedule “C” attached hereto. 4.Artist Fee: Compensation and Payment Schedule a)The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $80,000 CAD, inclusive of all applicable federal and provincial taxes including HST. b)Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist that including updated drawings and images that states that the Work has progressed and is proceeding according to schedule D and will be installed by the Delivery Date (as defined below). c)HST shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: i)$27,000 at the end of Phase 2 which includes execution of the agreement by all parties, preliminary drawings of all components and connections, preliminary fabrication schedule and pricing and submission of an invoice from the Artist; ii)$27,000 at the end of Phase 4 which includes final detail design, shop drawings for production, pricing, engineer review, and shipping and installation plan subject to the approval of the City and upon submission of an invoice; and iii)$26,000 at the end of Phase 6, within one month after satisfactory installation of the finished Artwork, in its final location, delivery of conservation and maintenance plan, photographic documentation, Artist Statement and Biography subject to approval by the City and upon submission of an invoice from the Artist. The City agrees: a)to pay the Artist all funds due and as provided for herein. 5.Payments of Sub-Contractors The Artist agrees: a)to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. - 362 - Letter of Understanding Public Artwork Agreement 6.Performance The Artist agrees: a)to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; b)that the materials, methods and processes used to produce the Artwork shall be of first class quality and expressive of the approved design as detailed in Schedule “B” attached hereto; and c)to use first class skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design in accordance with Schedule “B”. 7.Timelines and Completion of Deliverables The Artist agrees: a)to complete the installation of the Artwork to the satisfaction of the City no later than November 25, 2022 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b)during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c)to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “D”. d)to provide a conservation and maintenance plan; and e)to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “D”. The City agrees: a)to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8.Detailed Design The Artist agrees: a)To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. - 363 - Letter of Understanding Public Artwork Agreement 9.Specifications The Artist agrees: a)to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Coordinator, Public Art; and b)Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Manager, Cultural Services provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be considered a substantive change and shall not be a basis for withholding acceptance or payment for the Artwork. 10.Permits and Engineers Stamp The Artist agrees: a)to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11.Delivery, Installation and Protective Measures The Artist agrees: a)to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it; b)to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “B” attached hereto; c)The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist; d)upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; and e)that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a)to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. - 364 - Letter of Understanding Public Artwork Agreement 12.Damage to Artwork and Artist’s Property The Artist agrees: a)that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds; and b)to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. The City agrees: a)that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13.Warranty, Repair and Maintenance The Artist agrees: a)that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur; b)in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably; and c)notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies - 365 - Letter of Understanding Public Artwork Agreement (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a)to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14.Removal and Relocation of Artwork The City agrees: a)to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the Esplanade Park; and b)to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15.Insurance The Artist agrees: a)that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. i.The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. ii.The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30)days prior written notice to the City. iii.If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. - 366 - Letter of Understanding Public Artwork Agreement 16.Indemnification The Artist agrees: a)to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns; b)to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise; and c)to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. 17.Occupational Health and Safety Act The Artist agrees: a)to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").; b)that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist; and c)that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18.Workplace Safety & Insurance The Artist agrees: a)that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board; b)to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that - 367 - Letter of Understanding Public Artwork Agreement the City will not be liable to the Board for future payments in connection with the Company’s completion of the project; and c)that a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19.Delays The Artist and the City agree that: a)neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. 20.Early Termination The Artist and the City agree that: a)notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b)failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; c)all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law;- 368 - Letter of Understanding Public Artwork Agreement d)no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e)upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21.Ownership The Artist and the City agree: a)ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22.Copyright The Artist and the City agree that: a)copyright in the Artwork shall remain with the Artist. The Artist agrees: a)to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. b)to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c)not to replicate the Artwork for any other client or purchaser. d)to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a)to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23.Death or Incapacity of Artist The Artist and the City agree that: a)in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. - 369 - Letter of Understanding Public Artwork Agreement 24.Mediation The Artist and the City agree: a)that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act; and b)any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. To the City at: The City of Pickering One the Esplanade Pickering, Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artist at: 511 Clinton Street, Toronto, ON, M6G 2Z5 brad@studiofminus.com https://www.studiofminus.com Or to such other address or person as the parties may designate to each other in writing. - 370 - Letter of Understanding Public Artwork Agreement It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. ____________ _______________ Full name, artist Date _____________ _______________ Dave Ryan, Mayor Date City of Pickering _____________ _____ _______________ Susan Cassel, City Clerk Date City of Pickering - 371 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: Terms of Reference Schedule B: The Artwork (Artist’s Concept proposal document attached) Schedule C: Place of Installation (Esplanade Park) Schedule D: Detailed Fabrication Schedule - 372 - Letter of Understanding Public Artwork Agreement SCHEDULE D Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – July 4, 2022 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 -To be completed by August 19, 2022, to the satisfaction of the City This phase will include the following Client approvals: • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and Pricing Phase 3 -To be completed by August 31, 2022 to the satisfaction of the City •Final design and pricing •Preliminary engineer review This phase will include the following Client approvals: •Design drawings, including all components and connections. Phase 4 -To be completed by September 15, 2022 to the satisfaction of the City •Completion of detail design. This phase will include: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with the artist and other relevant contractors, and to the satisfaction of the City. - 373 - Letter of Understanding Public Artwork Agreement Phase 5 - To be completed by October 28, 2022 to the satisfaction of the City. •Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 6 – To be completed by November 25, 2022 to the satisfaction of the City. •Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. •Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography •Final acceptance of Artwork to the satisfaction of the City. - 374 - Report to Council Report Number: CS 14-22 Date: June 27, 2022 From: Sarah Douglas-Murray Director, Community Services Subject: Seaton Fire Headquarters – Artist Selection -Commission of Public Art -File:A-1440-001 Recommendation: 1.That Council endorse that the commission of public art for Seaton Fire Headquarters be awarded to Patrick Bermingham in the amount of $90,000 (HST included); 2.That Council authorize the Director, Finance & Treasurer to finance the net project cost of $81,048 as follows: a)the sum of $81,048 as provided for in the 2022 Fire Services Capital Budget be financed by a transfer from the Public Art Reserve Fund; b)the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing; 3.That the Mayor and the City Clerk be authorized to execute the Letter of Understanding between Patrick Bermingham and the City, as set out in Attachment 4, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The construction of Pickering’s new Seaton Fire Headquarters provides the opportunity for Public Art, on the corner of Zents Drive and Brock Road, to act as a gateway and marker to the Seaton Community. As outlined in this Report, the artist was selected in accordance with Public Art Policy (CUL 130, Attachment 1). The Public Art Policy (the Policy) outlines the criteria, processes and guidelines by which public art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010) outlines the criteria, processes and guidelines for the procurement of goods and services for the City of Pickering. Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art projects with costs that exceed $25,000 are subject to Council approval”. Therefore, the purpose of this Report is to seek Council endorsement to proceed with the commission of - 375 - CS 14-22 June 27, 2022 Subject: Seaton Fire Headquarters – Artist Selection Page 2 public art for the Seaton Fire Headquarters Public Art Project at a cost of $81,048 (net of HST rebate). Financial Implications: Public Art for the Seaton Fire Headquarters is approved in the 2022 Capital Budget, was outlined in Report FIN 06-22 at the Council meeting of March 22, 2022 and is funded from the public art reserve ($95,000). Discussion: The construction of Pickering’s new Seaton Fire Headquarters on the corner of Zents Drive and Brock Road provided the an opportunity to feature Public Art. Accordingly, a location was included as part of the project’s Site Plan approval process. As construction of the Seaton Fire Headquarters is anticipated to be completed by late 2022, staff began the process in early 2022 to select the artist as per the City’s Public Art Policy (CUL 130). As per Section 08.01 of the Policy, an Expression of Interest was selected as the Method of Acquisition. A two-stage process was employed in which Stage 1 would pre-qualify a short list of three artists. The three selected artists would then be invited to submit a detailed project proposal that was scored by the Public Art Jury to select the winning project. A Call to Artists was issued on March 7, 2022 (Attachment 2). The Call to Artists was advertised on the City of Pickering website, Akimbo, PineRidge Arts Council (PRAC) newsletter, Community Services Distribution List, Creative Cities publication, DurhamRegion.com, Preston Gallery (Uxbridge), Robert McLaughlin Gallery (Oshawa) and through social media ads (Facebook and Instagram). As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition of $25,000 and over in value. The Public Art Jury is to be organized on a case by case, and project by project basis. The Public Art Jury evaluates the artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of the Policy. A Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. Forty-six artists responded to the Call to Artists with an Expression of Interest. The Public Art Jury met on April 21, 2022 to confirm the results of the scoring and select the top three artists to move to the next stage. The Cultural Advisory Committee endorsed the top three artists, as selected by the Public Art Jury, at their meeting on April 19, 2022. The second stage proposals were received on May 27, 2022. Each artist presented their concept to the Public Art Jury on June 9, 2022. The jury reviewed the judging criteria, scored each proposal and ranked the top three finalists following the artist’s presentations. Based on the ranking, Patrick Bermingham was recommended by the Public Art Jury as the artist to be awarded the commission of public art for Seaton Fire Headquarters. The Public Art Jury recommendation was endorsed by the Public Art Sub-committee of the Cultural Advisory Committee on June 13, 2022 and by the Cultural Advisory Committee on June 14, 2022. The conceptual design proposal is set out in Attachment 3. - 376 - CS 14-22 June 27, 2022 Subject: Seaton Fire Headquarters – Artist Selection Page 3 Patrick Bermingham is an Ontario-based artist and has a demonstrated portfolio of municipal public art projects. This public art piece will be featured as part of the new Seaton Fire Headquarters and is intended to reflect the rapidly developing community in Seaton, local nature, and the collective experience of community by residents. Staff request that Council endorse that the commission of public art for Seaton Fire Hall Headquarters be awarded to Patrick Bermingham in the amount of $90,000 (HST included). The Letter of Understanding (as set out in (Attachment 4) was drafted by Cultural Services staff and reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. Staff are requesting Council to authorize the Mayor and City Clerk to execute the Letter of Understanding with Peter Bermingham. Subject to Council’s approval of Report CS 14-22, the artist will begin fabrication of the artwork which will be installed in April 2023. Attachments: 1.Public Art Policy 2.Seaton Fire Headquarters – Call to Artists 3.Artist Conceptual Detailed Proposal 4.Agreement – Letter of Understanding Prepared By: Approved/Endorsed By: Laura Gibbs Sarah Douglas-Murray Manager, Cultural Services Director, Community Services SDM:lg Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 377 - ~C~of p](KERJNG Procedure Title: Public Art Policy Policy · Policy Number CUL 130 Reference Date Originated (m/d/y) November 25, 2019 Date Revised (m/d/y) Pages Report #CS 36 -19 Resolution# 167/19 Approval: Chief Ad Point of Contact Policy Objective 21 The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. · As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City . This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will : • create attractiveness; • promote community identity; • reflect diversity and community landscape ; • celebrate heritage; • create a sense of place and attract interest; • provide amusement, reflection and intrigue to a community, and , • be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City's support for the arts and culture sector, and provide economic benefits . . Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Purpose and Objectives 05 Administration 06 City Representation Attachment #1 to Report CS 14-22 - 378 - 07 Selection Process 08 Acquisition 09 Selection Considerations 10 Site Selection 11 Collections Management 12 Maintenance & Conservation 13 Insurance 14 Storage 15 Agreements & Installation 16 Deaccession & Disposal 17 Copyright and Intellectual Property 18 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 22 Funding 01 Definitions 01.01 Accession -the act of recording and processing artwork to the City's Public Art Collection. 01.02 Acquisition -obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving -the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist -the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. 01.05 Borrowed -refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. Policy Title: Public Art Policy Page 2 of 21 Policy Number: CUL 130 - 379 - 01.06 Call to Artists -a request for proposal that outlines the scope of the Public Art that the City wishes to acquire. The Call to Artists will outline aspects such as project theme, timeline, compensation, and location. 01.07 Commissioning -the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art-artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art-created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation -the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright-the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making -a practice where people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 Deaccession -the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City's Public Art Collection. 01.14 Intellectual Property -the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.15 Moral Rights -the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non-transferable and endure even after copyright has been assigned. 01.16 Municipally Owned Public Space -includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.17 Permanent Public Art-an original artwork which is situated at a particular site for longer than one year. 01.18 Public Art -art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: • sculptures; • murals; • memorials or monuments; Policy Title: Public Art Policy Page 3 of 21 Policy Number: CUL 130 - 380 - • fountains or water features that contribute aesthetically to their surroundings (not splash pads); • hard and soft landscaping components; which are not a mere extension of the landscape/architecture; • architectural components, specialized lighting; and • Community art projects related to neighbourhood beautification. 01.19 Public Art Committee -is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury -is a group of residents, professionals and staff selected who evaluate artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down selections for acquisition. 01.21 Professional Artist-a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. 01.22 Public Space -space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration -the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage -any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Transitory Public Art -an original artwork that are temporary, which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan's strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: • developing and implementing a Public Art Policy, program, and funding formula; • using art to enhance public spaces, particularly within the City Centre; • assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, • establishing a Public Art Reserve Fund. Policy Title: Public Art Policy Page 4.of 21 Policy Number: CUL 130 - 381 - 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: • promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; • encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, • considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art, we beautify our environment; engage the community in Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. The commission and acquisition of Public Art is exempt from the City's Purchasing Policy and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Purpose and Objectives 04.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: • long-term planning; • establishing a funding framework; • creating an administrative structure; • identifying opportunities for public art; • initiating completions and a selection process; • implementing and/or assisting with public art projects; and, • ongoing maintenance, management, deaccession and disposal of the public art collection. Policy Title: Public Art Policy Page 5 of 21 Policy Number: CUL 130 - 382 - 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that it does not own, to be placed on municipally owned public space through an agreement between the City and the owner of public art. The City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; or, • is in direct competition with City of Pickering services, programs or initiatives. 05 Administration 05.01 The Public Art Policy and Program will be administered by City of Pickering Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and the Council of the City of Pickering. 05.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 06 City Representation 06.01 Council The Council of the City of Pickering is responsible to: • approve and uphold the Public Art Policy and any amendments; • approve annual Public Art funding and expenditures in the Capital and Current Budget; and, • act as an advocate for art in Public Spaces, and Private Developments in the City. 06.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: • approve and uphold the Public Art policy, along with any amendments; • approve any changes to the Public Art policy, as needed; • act as an advocate for Public Art in Public Spaces, and private developments; and, • support Public Art budget through the budget process. Policy Title: Public Art Policy Page 6 of 21 Policy Number: CUL 130 - 383 - 06.03 Director, Community Services Director Community Services to: • uphold the Public Art Policy, along with any amendments; • recommend any changes to the Public Art Policy, as needed; and, • recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to: • oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; • manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; • develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, • identify, approve appointments and establish the Public Art Committee; • work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan); • facilitate regular Public Art Committee meetings, circulating information, providing guidance and arrange for the recording of minutes; • facilitate Public Art Jury meetings, circulating information, providing guidance and arrange for the recording of minutes, as may be required; • develop "call to artists" and coordinate the selection process; • establish artist selection processes,-manage artist contracts, and compensation; • liaise with selected artists to oversee installation and develop agreements; • develop promotional and marketing initiatives to community Public Art activities; • establish, maintain and promote the Public Art public inventory; • identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO; • advise Council, staff and residents on the Public Art Policy and related initiatives; • develop the Public Art budget through the City's annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. Policy Title: Public Art Policy Page 7 of 21 Policy Number: CUL 130 - 384 - 06.05 City Development Department City Development staff to: • work with Community Services Department staff to identify appropriate locations for public art; • ensure public art is considered in the planning of new communities, development of ·community design guidelines, and design of corporate and community facilities; and, • encourage and secure public art through the review and approval of development applications. 06.06 Engineering Services Department Engineering Services staff to: • work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; • incorporate public art into parks, landscaping, and streetscapes; and, • ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter-department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: • Community Services; • City Development; and, • Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: • City of Pickering Library staff; • City of Pickering Heritage Planner; and, • Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 07 Selection Process 07.01 Public Art Committee The Public Art Committee will be a standing sub-committee of the City's Cultural Advisory Committee. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee itself. The other four members will not be members of the Cultural Advisory Committee, but will have professional experience related to at least one Policy Title: Public Art Policy Page 8 of 21 Policy Number: CUL 130 - 385 - of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee shall be residents of Pickering and will demonstrate a significant knowledge of arts and culture. The Public Art Committee will: i. Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii. Review proposed project scope and terms of reference for each new Public Art project. iii. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. iv. Ensure application of established procedures and guidelines for each selection process. v. Advise and promote communication and outreach of this Policy to the community. vi. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. vii. Advise and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii. Review the results of the Public Art Jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, the City will not purchase or display art that: • violates any City policy; • conveys a negative message that might be deemed prejudicial; • promotes alcohol and other addictive substances; • presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence; and, • is in direct competition with City of Pickering services, programs or initiatives. All decisions made by the Public Art Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition of $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Committee. The Public Art Jury will be organized on a case by case, and project by project basis. Policy Title: Public Art Policy Page 9 of 21 Policy Number: CUL 130 - 386 - The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the three top ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the three top-ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of: • Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a Public Art project. • Three resident members from the Public Art Committee. • Two professional artists that are not residents of the City of Pickering. • One professional architect that is not a resident of the City of Pickering. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 07.03 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the specific aims in the project brief. The Public Art Jury (as per section 07.02) will also consider the artist's: • artistic excellence of previous work; • ability to achieve the highest quality of contemporary artistic excellence and innovation; • professional qualifications and relevant working experience as related to the public art project brief; • ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • potential to comprehend, access and interpret relevant technical requirements; and, • interest in and understanding of the public art opportunity and the context. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: • professional artists whose work is relevant to the community; • Pickering artists, or artists whose work is Pickering based; • artists that are members of a Pickering-based arts organization; and, Policy Title: Public Art Policy Page 10 of 21 Policy Number: CUL 130 - 387 - • City staff or their immediate family members. The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence The City of Pickering will provide opportunities for an Artist in Residence program, provided that: • funding exists through a grant or approved budget; • the residency is of mutual benefit to the City and the Artist(s); • a portion of the works created will remain in the City Collection; and, • artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 08 Acquisition The City may acquire works of art through purchase, commissioning, donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.01 Purchase or Commission of Art The process for purchasing and commissioning art will be fair and transparent and will be in accordance with the City's Purchasing Policy. Depending on the nature of the artwork, it may be secured through: • The issuance of an Open Call. This type of competition is the preferred method which sees a "Call to Artists" developed and issued. A "Call to Artists" can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. A RFQ may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local/Canadian submission. • Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. Policy Title: Public Art Policy Page 11 of 21 Policy Number: CUL 130 - 388 - • Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art project, or when and existing piece of Public Art is purchased. In the instance of the purchase of an existing piece of art, an appraiser or outside expert maybe called in to determine authenticity. For large commissions in public spaces, the Public Art Committee may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. 08.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City's Financial Control Policy FIN-030 and be subject to an evaluation process based on the City's donation criteria outlined below: • information about the artwork including photographs of the artwork (if existing) or illustrations (if proposed); • maintenance and conservation plan, including the condition of the work and any repairs needed; • site installation requirements of the artwork; • projected budget for installation and ongoing maintenance of the artwork; • legal proof of the donor's authority to donate the work; and, • where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. All donations of existing artworks will be subject to a review process by Community Services staff in collaboration with the Public Art Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 07.01 and 07.03. The City is not required to accept donations of Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis, which outlines aspects such as the benefits of the acquisition, and short and long term costs. The individuals or organizations proposing to donate artwork will be notified of the City's decision to accept or decline the donation. If accepted, the individual and/or organization shall acknowledge that donated art cannot be returned. Accepted donations of public art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the Policy Title: Public Art Policy Page 12 of 21 Policy Number: CUL 130 - 389 - donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Donation of funding from the public or private sector for the City's Public Art program will be added to the Public Art Reserve Fund. 08.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 08 of this Policy. Temporary installations of artwork will be documented, and included in the City's inventory of public art exhibitions; listing the dates of display, and a project/artist statement. 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i. directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii. art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii. landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv. easily moveable artworks such as paintings, drawings, models and .books. 09 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should take into account the following: Policy Title: Public Art Policy Page 13 of 21 Policy Number: CUL 130 - 390 - Community Relevance and Impact • Suitability for display in a public space • Reflects the City's heritage, and/or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the-location's uses and users Economic Value • Short and long term costs • Tourism potential Installation Maintenance &Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work . • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outline in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines. 10 Site Selection The selection of sites for public art shall be made by City staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria: • potential visibility of public art; • distribution of projects across the City; • implementation potential; • public benefit; • geographic justification; • quality, scale and character of the public art are suitable for the location and audience; • environmental conditions, site servicing and safety; and, Policy Title: Public Art Policy Page 14 of 21 Policy Number: CUL 130 - 391 - • does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: • public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces); and, • Parks and Public Spaces. · For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.01 On Lands Owned by the City of Pickering Installation of public art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff and Public Art Committee; and, to present to the Council of the City of Pickering. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to the Council of the City of Pickering. 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. Policy Title: Public Art Policy Page 15 of 21 Policy Number: CUL 130 - 392 - 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to the Council of the City of Pickering. Direction on options for private sector contributions to public art are provided in Section 21 of this Policy. 11 Collections Management 11.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 11.02 Accessioning/Registry/Inventory: • The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. • Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program. · • Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 12 Maintenance & Conservation 12.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.02 All public art submissions must include a detailed manual from the artist outlining the maintenance and/or conservation plan. The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers' lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. 13 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City's Insurance Policy. Policy Title: Public Art Policy Page 16 of 21 Policy Number: CUL 130 - 393 - 13.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 14 Storage 14.01 When storage of Public Art, whethe·r short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City's Owned Public Art. 15 Agreements & Installation 15.01 The Artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the Artist's obligations, which include, but are not limited to: • Materials • Time lines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution . .15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of . public art without the a.rtist's and/or donor's consent. 16 Deaccession & Disposal 16.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: • endangerment of public safety; • excessive repair or maintenance; • irreparable damage; Policy Title: Public Art Policy Page 17 of 21 Policy Number: CUL 130 - 394 - • inaccessibility; • site redevelopment; • art is no longer relevant ; • works that endanger public safety; • possibility of upgrading through exchange; • no appropriate location for exhibition of work; • copies, forgery or reproductions lacking authe·nticity or archival value; • the public art is no longer relevant to the City's Public Art Collection, or • the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 16.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 16.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of deaccession will be made by Cultural Services Staff. The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 17 Copyright and Intellectual Property 17 .01 Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03. 17.02 The City will respect the artist's right of authorship and the integrity of the public art. 17.03 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.04 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. 17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g .. for integrated artworks or artist on a design team) or for developer-provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. Policy Title: Public Art Policy Page 18 of 21 Policy Number: CUL 130 - 395 - 18 Artist Remuneration 18.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis. 18.02 Artist Contract Terms -In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector, which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following: • scope of work (may be design services only; or design, fabricate and/or install); • City's and artist's obligations, appropriately apportioning risk and responsibility; • timelines; • ownership, maintenance, and conservation obligations; • intellectual Property, Copyright, and Artist Moral Rights; • artist recognition; • warranty and insurance (as appropriate); and, • payment schedule. 19 Community Engagement & Awareness 19.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City's Public Art Collection in the community. 19.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions fo the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. 20.02 This information will also be held within the Public Art Inventory; which will be maintained by the Community Services Department. Policy Title: Public Art Policy Page 19 of 21 Policy Number: CUL 130 - 396 - 21 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are: • On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner. • Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing · maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City. • Partnership with business/agency. 22 Funding 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and deaccession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. Policy Title: Public Art Policy Page 20 of 21 Policy Number: CUL 130 - 397 - 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Policy Title: Public Art Policy Page 21 of 21 Policy Number: CUL 130 - 398 - Attachment #2 to Report CS 14-22 Call to Artists: Pickering Public Art Seaton’s Fire Station #1 Deadline: Friday April 1, 2022 by 4 pm. Rendering of Seaton Fire Hall #1. NOTE: Flag poles will not be located as shown. Artist Opportunity The City of Pickering invites artists to respond to the Call to Artists to create a permanent outdoor public artwork for Seaton’s Fire Station #1 in the City of Pickering, Ontario. As per the City of Pickering Public Art Policy (CUL 130) an artist is defined as the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. A public art jury composed of city staff, practicing arts professionals and community members will be established for this two-stage competition. Page | 1 - 399 - Public Art Opportunity The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighbourhoods. The construction of Pickering’s new fire hall provides a public site for an art work at 1700 Zents Drive on the north east corner of Zents Drive and Brock Road in Pickering. Thematically, artists are asked to broadly consider the rapidly developing community in Seaton, local nature and wildlife including birds that have habitats in the area, and the collective experience of community by residents. The artwork will be located in front of the entrance to the fire hall, with 6 meters of space reserved for this artwork and complimentary landscaping. Community Background Seaton is a vibrant community, being developed in central Pickering. The new community is planned to accommodate 70,000 new residents and 35,000 new jobs. Building the foundation for this master-planned community began in 2015, with the construction of infrastructure for water, sewers, roads, power, gas, and telecommunications. A variety of builders are building new homes in Seaton with residential construction starting in 2017. The first residential occupancy of Seaton took place in the spring of 2018. About 50% of Seaton will remain green, through planned parks, trails, village squares and preservation of open space. More detailed information about the new Seaton Community can be found on the City of Pickering website (www.pickering.ca/en/city- hall/seatoncommunity). Geographically central to the future growth of Pickering, the new 21,000 square-foot Fire Hall will service coverage across Pickering. The fire hall located at 1700 Zents Drive, on the corner of Zents Drive and Brock Road and is the first of two planned fire halls located in the Seaton Community. Budget: $90,000 CAD (maximum). This is the total amount available for all related expenses of this public art project including, but not limited to: artist fees, all applicable taxes, detailed renderings, materials, technical consultations and approvals or other Page | 2 - 400 - expertise as required, fabrication, installation, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the artist's obligations, which include, but are not limited to: •Materials •Time lines •Installation •Maintenance and/or conservation plans •Warranty •Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Stage 1: Open Call The public art jury will review all submissions and identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute an innovative, engaging public artwork that is complementary to the overall design scheme and community context. EXPRESSION OF INTEREST SUBMISSIONS Artists are invited to respond to this EOI by submitting a single pdf document: This pdf document must be labeled with the name of the artist and project (Last Name First Name_ ZentsFireHall) and include: • CV (one for each team member, if applicable) • Brief artist statement outlining interest in project, showing relevant experience, ability, and general artistic approach. Please include your experience and intended approach to the community engaged process. Do not include proposals at this stage. • Maximum ten (10) images of work, with caption including title, materials, dimensions, location, and commissioning body (if applicable). Audio / Video files may be provided via URL. • Names and contact information for two references (preferably from recent projects). Email submissions to: communityservices@pickering.ca Submissions must be received by 4PM ET, April 1, 2022. Late submissions will not be accepted. Page | 3 - 401 - Stage 2: Conceptual Design The short-listed artists will be notified in April, 2022 and invited to submit a conceptual design proposal in a PowerPoint presentation. A detailed Terms of Reference project document will be provided to help short-listed artists prepare their proposals. Short- listed artists will be paid a fee of $1,500.00 (+HST) for their submission of a complete conceptual design proposal. Short-listed artists must attend an interview and present their proposals (online presentations may be required) to the public art jury the week of May 30, 2022. When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 1 of this Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy (CUL 130) will also consider the artist's: • Artistic excellence of previous work; • Ability to achieve the highest quality of contemporary artistic excellence and innovation; • Professional qualifications and relevant working experience as related to the public art project brief; • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity and the context. The Public Art Jury in selecting the successful proposal will also take into account the following: Community Relevance and Impact • Suitability for display in a public space • Reflects the City' s heritage, and/ or history, culture and diversity, and/or natural elements and landscapes • Builds appreciation for public art Overall Quality and Authenticity • Originality of design • Intrigues viewers and stimulates imagination Page | 4 - 402 - • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location's uses and users Economic Value • Short and long term costs • Tourism potential Installation Maintenance & Conservation • City's ability to accommodate installation requirements • City's ability to safely display, maintain and conserve the work • Long-term maintenance cost • Longevity of the artwork • Environmental impact Submission • Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to Artist" • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines Project Considerations The artwork must adhere to the following design parameters: • Be an exterior sculptural installation, suitable for exhibition in a public space; • Be appropriate for the site in scale, execution, materials and creativity; • Be fabricated using high quality, long-lasting materials; and • Not pose a risk to public safety. The selected artist will be required to submit drawings certified by a structural engineer licensed to operate in Ontario, at their own expense. Page | 5 - 403 - Overall Project Timeline: March 7, 2022: Stage 1: Open Call issued April 1, 2022 4 pm: Stage 1: Open Call submissions due to the City April 4 -15, 2022: Application reviews and public art jury meeting April 19, 2022: Deadline to notify short-listed artists. Artists will be provided with detailed Terms of Reference project document for the public artwork at this stage. May 27, 2022 4 pm: Stage 2: Conceptual Design proposal deadline Week of May 30, 2022: Artist interviews and selection June 30, 2022: Deadline to notify selected Artist Week of July 4, 2022: Technical Review with project staff. This meeting will provide the selected Artist with further technical specifications and feedback on the submitted conceptual art work from lead project staff from the City. Week of July 4, 2022: Project Contract signed and executed for project deliverables. April 2023: Anticipated installation date Decisions of the public art jury are final. Contact Information: Laura Gibbs Manager, Cultural Services 905.420.4660 x3709 lgibbs@pickering.ca Page | 6 - 404 - Seaton Fire Station No. 1 & Headquarters, Public Art Conceptual Design Proposal B E R M I N G HA M S TU DIO INC June 3, 2022 4:00 pm Unveiling date: April 2023 HORSE POWER Attachment #3 to Report CS 14-22 - 405 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM About the Artist As an artist, sculptor, entrepreneur and inventor, Patrick Bermingham’s work has been recognized for its elegance, simplicity, depth of thought, clarity of purpose and boldness of vision. He offers a rich mix of complementary skills and experience as an artist. “Sculpture is an inherently public form of visual art and a sculptor’s job is to catch and hold the attention of the public. Engaging and inspiring the public in this ancient discourse with dynamic and dramatic works which reveal more to the viewer with each new visit; exploring historical context and blending of old ideas with new and innovative techniques”. - 406 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Project Description & Artist Statement When I first visited the site, I came upon a new subdivision with a lot of young families, I could tell by all the kids bikes, and neighbours living in close proximity to both nature and the urban centre. I made a quick tour of the neighbourhood and decided to enter into a forest immediately to the south of the site. I was struck by the symmetry of these two white pines. Clearly, the area has been logged in the past. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 3 - 407 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Project Description & Artist Statement When I visited the Pickering Museum, my hunch was confirmed that the first settlers had logged the area and taken the white pine to build masts for the ships of the British Navy in the early 1800’s. I was inspired by the scale of these rough hewn logs and how they so perfectly were fitted together to provide lasting shelter from the elements. Clearly neither human nor machine was used to gather these materials and bring them to their construction site. Work horses were everywhere and no where to be seen at the museum but they left their mark. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 4 - 408 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Project Description & Artist Statement Our proposal pays tribute to the work horse which played a pivotal role in settling the land. The horse did the hard work of clearing the land, skidding timbers for the British Navy, hauling lumber for new homes, creating roads, transporting people, ploughing the fields and for responding to fire emergencies. The work horse represents a time when man and horse worked closely together, in a synergistic way. With a single horsepower, so much was accomplished in a short space in time. Power was precious, perhaps we put higher value on power then than we do today. Still, the true measure of all power is horsepower. We have never found a more suitable, more reverent way to describe power. Yet at the same time, it would be difficult to explain to an early settler just why you need 650 horses to pull your two or four door carriage. Power is a huge part of the history of Pickering. By honouring the horse and the original unit of power some spectators may stop to reflect on how we use power today. While we have not always had nuclear power, we have still managed to get the job done. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 5 - 409 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Project Description & Artist Statement The horses work in harmony with nature with very little damage, and footprint They fertilize the soil, and represent environmentally friendly power. The power of these horses was substantial. In todays world our source of energy is less obvious, we don’t always see it being produced. We don’t know how much is natural gas, renewable or from nuclear power sources. But in times gone by, the power of a team of horses was immediately apparent to everyone. To see a horse in action is a site to behold. Facts –A draft horse can pull 15 times its weight. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 6 - 410 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location The ambition of the piece is to allow the viewer to feel the power of the horse; to understand where its power comes from. My aspiration for this sculpture is that it be majestic and beautiful, the horse imagery, powerful and unstoppable, conveying a sense of determination. Sketches City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 7 - 411 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location Clay Studies City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 8 - 412 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location Clay & Paper Maquette 1/5th scale model The style of the sculpture is to be highly dynamic, not high realism. Recognizably a horse, abstracted, a vigorous, animated style, which emphasizes the movement or strength of the horse. Movement and strength are emphasized rather the detail of the muscle and bone. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 9 - 413 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location Steel Horse Maquette 2/5th scale model The style of the sculpture is that it is constructed from multiple pieces which demonstrate the action. movement and power of the horse more then the anatomy of the horse. The sculpture will be made of steel utilizing both sheet forms and solid volumes to create a dynamic composition that is perpetually alive. In this case, the sheet can be very expressive of tension, compression, so that you can feel, what the horse is doing, by expressing the action. Page City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art 10 - 414 - ARTIST: PATRICK BERMINGHAM TITLE: HORSEPOWER Proposal concept sketches, renderings, design details, and plan to show location Work Horse width 3.66 meters by 2.2 meters high by 0.86 meters wide. Weight is approximately 1,200 kilograms. (1 m3 / cu m = 1,000.00 kg wt) The horse will be attached (Welded) onto a Steel base, which will be further anchored to the plinth with 4 tamper proof anchorages. Installation requirements would be a concrete pedestal/base as per the designated pentagon. Plinth/ mounting requirements to be conceptualized and will be finalized once art is commissioned. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 11 4 tamper proof anchors Concrete plinth pedestal Total height is 2.96 meters Horse plus harness length is 3.66 meters Horse height is 2.2 meters Plinth height is 0.76 meters Public Safety Features The sculpture will be designed to achieve CPTED principles, including no hidden spaces or spaces of entrapment, sufficient lighting. Steel base - 415 - City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 12 LED Lighting LED Lighting TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location Lighting We recommend two outdoor LED lights placed either in the grass between the sculpture and the sidewalk (from the East) along Brock Road or suggest in the concrete wall per the proposed designated landscape. The sculpture will be visible from the streetlights and from the building entrance. With illumination at night, the opportunity for surveillance will be increased. - 416 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location Information Panel The platform is approximately 0.76 meters high and 2 meters wide, triangle or diamond shape, large enough to contain interpretive signage, inscriptions or symbols. Accessibility A hard surface connection from the walkways lining the artwork is provided via the paving layout, creating an accessible route to the walk around the entire sculpture. Hard Surface surrounding concrete plinth The beauty of the piece and the story of the heritage make this sculpture worthy of the Seaton Community and complement the history of the area Information Panel Hard Surface surrounding concrete plinth City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 13 - 417 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, More information regarding the painted steel project can be found here: and plan to show location https://www.featurewalters.com/projects/vivanext-shelter-canopies-made-of-aess-feature-walters/ Protective Coating To ensure the look and durability the sculpture will be painted with a protective coating which involves blasting followed by a 4-coat paint system: 1. ZINC Primer 2. Urethane Mastic 3. Coraflon Colour Coat ADS 4. Coraflon Clear Coat The process of painting will be to use an air-tight, ventilated paint booth that filter out dust and vapors that might otherwise introduce impurities in the environment. The paint system will protect it from the elements, be long lasting and demand minimum maintenance. This 4-coat paint system was used by one of our subcontractors for a project in North York (example on the right) using an automotive-quality paint that comes with a 25-year warranty. Project: VivaNext Canopy and Shelter, York Region, ON COLOUR To Be Determined City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 14 - 418 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Proposal concept sketches, renderings, design details, and plan to show location The design of the sculpture allows visibility from Brock Road by car or by passing pedestrians. The work horse is also visible from the intersection of Zents Drive & Brock Road. Is also highly visible from all areas of the parking lot of the firehall. The work horse reflects, in a metaphoric way, the way horses The Work Horse is heading Northbound supported the people, the community, Parallel to Brock Road and the city. The Work Horse will pose as a wayfinding marker for locals and tourists. Minimum 2-meter clearance from the building per designated location. Minimum 1.2-meter clearance from East property Line (Brock Road), per designated location. LOCATION The 1700 Zents Drive, Northwest corner of Zents Drive and Brock Road, Pickering City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 15 - 419 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Artwork Materials and Maintenance Steel Sculpture Suitable for a lasting public, outdoor sculptural artwork. Strong, durable and stable all-weather material, rust and corrosion resistant. All components will be designed to shed water avoiding problems of water build up and infiltration. Available in a wide range of textures and colours. Protection Powder coating steel provide a colour-durable finish that stands up to most environments. The high-density particles used in the powder coat form a protective layer over the metal which protects from dents and scratches. Powder coating also stops discolouration from the sun. All artwork and signage will be protected with a protective coating for the elements and an anti-graffiti coating so that it can be easily cleaned if vandalized. All inscriptions will be recessed and painted to deter the potential for vandalism, and/or as prescribed by the City of Pickering to maximize protection. Maintenance Plan Materials will be durable and constructed of materials resistant to oxidation and corrosion. The sculpture needs to be inspected for damage or cracks in the coating. Annual inspection for vandalism, repair as needed. We will provide a recommended maintenance process for the sculpture in the formal agreement. Our design is intended to be a low maintenance structure. The sculpture and base will require little annual maintenance as steel and concrete structures. Powder coated steel can be cleaned with a mild detergent and water. Harsh chemicals and solvents should not be used as they can damage the powder coating. Only a wet sponge or a soft brush is needed to remove any stubborn dirt. Projected Maintenance Costs for 25 years Powder Coated Steel can withstand environmental issues 15-20 years. Care and maintenance is easy. Public Safety Features The sculpture will be designed to achieve CPTED principles, including no hidden spaces or spaces of entrapment, sufficient lighting. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 16 - 420 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Warranty Bermingham Studio Inc. will provide a 2-year warranty including materials, parts and connectors, and will undertake any repairs or replacements needed for any failure of the materials used. The warranty will apply to all parts of the artwork fabrication. We guarantee that the artwork will be free from defects at the time of installation and will withstand forces of nature they will be subjected to (sun, wind, rain and snow) and seasonal treatments (salt and sand during winter). The warranty will not apply to any damage from vandalism or extreme weather events. We will provide a 10-year warranty for all attachments. Details for all warranties listed in this proposal will be negotiated at the detailed design stage. Powder-coated paint, will have a manufacturer’s warranty that will apply to the artwork, and will be detailed in the construction contract. We will inspect materials and products for defects, after delivery to the site and before installation, as per the Site Supervision and Reporting requirements in the specifications and/or contract. Construction will conform to the Ontario Building Code as well as the Municipal Codes and by-laws for the City of Pickering. Environmental Sustainability Our Team places a high value on creating sustainable solutions on every project. We believe that both nature and economic well-being go together and have taken a conscious approach to balancing these two contributing design factors, balancing environmental sustainability within the budget constraints. Re-Use of Materials We believe that nothing goes to waste, and regularly store left-over material from all our work for potential re-use in new artwork. Our workshop is full of scrap materials waiting to be re-used, where appropriate. Powder coating is an eco- friendly option as it is reusable and recyclable. Thermoplastic coatings especially can be reshaped very easily, unlike thermosets. The powder is also used precisely with minimal wastage, unlike paint, where you experience a lot of over sprays. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 17 - 421 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Project Timelines We are prepared to meet all anticipated project timelines as presented: Week of Week of Week of Key Milestones June 3, 2022 June 6-10, 2022 June 13-17, 2022 June 30, 2022 July 4 – 7, 2022 April 2023 Conceptual Design Proposal submitted Artist Presentation to Art Jury Public Information Session Deadline to Notify Artist Technical Review with project staff Project Contract signed Anticipated Installation Date City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 18 - 422 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Costs Of Using Work Horses The studies done on the economic differences between a tractor and Horsepower work horses are either inconclusive or not entirely relevant. However, Horses helped open up our country, to their role in today's society being loved and here are some things we do know about the cost of keeping work appreciated for their strength and enjoyment of hard work. animals that you should consider: Work horses multiply. Tractors only really ever depreciate in value, whereas a horse can be bred and produce a foal every year. Gas will go up in price; grass never will. Although winter feeding can cost a little money or labor, grass will grow as long as there is water, soil and sunlight—a low-cost fuel source to keep your “machine” up and running. Horses have higher labor costs. In some studies, almost double the amount of labor was required per acre for work horses than for tractor farming. Not quantifiable in this sense, however, is the exercise or well-documented therapeutic benefits of working with animals. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 19 - 423 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Preliminary Budget Artist fee $ 15,000.00 City of Pickering staff will manage all aspects and cover all costs of City Staff management duties, site permits and approvals and site preparation. We have taken into consideration the commissioning budget of $90,000 CAD (maximum) and have designed the sculpture accordingly to cover the following: Artist assistant, materials & Full scale model in paper & Steel $ 5,000.00 Fabrication full scale sculpture in steel $ 50,000.00 Sandblasting, powder coat $ 5,000.00 Protective coating $ 2,000.00 Transportation (Boom truck) $ 1,500.00 Insurance $ 2,544.80 Interpretive signage (Information Panel) (design, supply, install)(Inscriptions, artwork) $ 1,500.00 Travel & Accomodation Total expenses (Site visits, fabrication, installation, and unveling) $ 500.00 Project Management, Site inspections $ 1,500.00 Subtotal (before HST) $ 84,544.80 5% Contingency $ 4,227.24 Total $ 88,772.04 City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 20 - 424 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Preliminary Budget Payment Timeline An agreed upon schedule will provide the payment schedule. An interim update between the parties will be scheduled to review and approve the Maquette. If no changes or adjustments, the sculpture will be built and scheduled for delivery to the site. Three payments to be made as follows: • Down payment upon signing of the agreement • Payment upon approval of the sculpture • Remainder within (30) days upon receipt of final installation. Additional fees may be charged for substantial revisions to either the theme or the scope that are not due to any fault on the part of the Artist and for revisions reflecting a new direction to the assignment, or new conceptual input. Rights Transferred Artist and the City of Pickering will agree that the following rights shall be transferred from Artist to City of Pickering upon receipt of full payment. Artist agrees to the perpetual non-exclusive license of all rights (including, but not limited to, the right to display, photograph and share images for the purpose of communications to members and marketing). The copyright and right to reproduce the sculpture are retained by the artist. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 21 - 425 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM Preliminary List of subcontractors, fabricators Dan’s Welding and Fabricating Ltd. (art fabrication) Dan's welding and fabricating limited has provided welding and custom fabrication services in Burlington since 1960. Experience working with a wide variety of metals including steel, stainless steel, aluminum, checker plate, expanded metal tubing bar, cast iron and tool steel. CWB Certified and very skilled in MIG, TIG, and stick welding. We have worked with Bermingham on a number or artwork projects, from small, intricate details to major works. Walters Group, Hamilton, ON (construction, engineering) Founded in 1956, Walters Group is a family-owned steel construction company that designs, fabricates, and constructs commercial and industrial projects throughout North America. An end-to-end solution provider with long term relationships with developers, builders, and constructors that designs, fabricates, and constructs commercial and industrial projects throughout North America. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 22 - 426 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM About Us Bermingham Studio Inc. BSI is a well capitalized company with a wealth of artistic, design, engineering, stakeholder engagement, and project management experience. We have executed on numerous large projects throughout North America and understand the need to respect the core constraints of time, scope, and budget. We complete projects from design though to final construction for public and private sector clients, and fully understand the need for transparency and accountability. As a company, we operate on a collaborative model with a collection of in-house project management, design, and technology talent paired with a deep roster of project specific partners to draw upon. We are passionate about the intersection of art, engineering, and design in the public space. We work to ensure that all we do leaves the space we inhabit more interesting, inviting, and worthy of discussion. PATRICK BERMINGHAM, BFA President, Public art & Installations. Patrick Bermingham is an artist, inventor, builder, product designer and polymath. He worked as studio assistant for the world-famous Artist Anthony Caro OBE, where he helped fabricate large scale public sculptures on site. Bermingham also provided technical assistance and local support to Chilean sculptor Francisco Gazitua on his multi million-dollar project for Concord Adex While maintaining his painting and sculpture practice, he led Bermingham Construction and Berminghammer for 20 years. He was responsible for the design and fabrication of custom equipment ranging in size from $100,000 to $5 million. While working in construction he was responsible for a team of 200 professionals who managed, budgeted, coordinated, executed and completed projects ranging in scope from $100,000 to $40 million. ALISON COPOC PMP Director of Major Projects Alison is an award-winning leader in project management with 20 years experience in the art of stakeholder engagement and managing multiple stakeholders in the private and public sector. Her strengths lie in planning, organizing, and leading people. At BSI, Alison is the Project Manager for major construction projects, from permits to demolition to development working with various suppliers, municipal, provincial governments, and staff. City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art Page 23 - 427 - TITLE: HORSEPOWER ARTIST: PATRICK BERMINGHAM We welcome the opportunity to collaborate with you to bring this monument to life. On behalf of the artistic team, thank you! Sincerely, Patrick Bermingham, BFA, Artist, President THANK YOU FOR YOUR CONSIDERATION HORSE POWER B E R M I N G H A M S TU DI O INC http://www.bermingham.studio Studio: 919 Mineral Springs Road, Dundas, ON Office: 18 Lorne Card Drive, Paris, ON Email: patrick@bermingham.studio Telephone: 647-920-9995 City of Pickering, Seaton Fire Station No. 1 & Headquarters, Public Art - 428 - Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Patrick Bermingham from Bermingham Studio Inc (hereinafter called “the Artist”) AND THE CORPORATION OF THE CITY OF PICKERING (hereinafter called “the City) 1.Introduction This Letter of Understanding pertains to the artwork creation and installation of the artwork for the Seaton Fire Hall #1. The artist was asked to broadly consider the rapidly developing community in Seaton, local nature and wildlife including birds that have habitats in the area, and the collective experience of community by residents. This document defines the relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled April 2023. This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the City Of Pickering Standard Quotation Terms & Conditions. 2.Background The Seaton Fire Hall #1 public art project is operated and administered by the City. The City issued a call to artists for Expressions of Interest dated March 7, 2022, with respect to the Seaton Fire Hall #1 project. Applications were due April 1, 2022. This was a two-stage competition. Stage One: Applicants were reviewed based on the merit of the artist’s past work, professional qualifications and experience. Stage Two: Short-listed artists developed their artwork conceptual design based on detailed artwork specifications. The public art concepts were selected by a specially convened independent Public Art Jury, made up of visual arts professionals, community representatives, and City staff. Following a review of submissions by the Public Art Jury in response to the call for Expressions of Interest the City invited a short list of Artists/Artist teams to submit a Conceptual Design based on the conditions outlined in the Terms of Reference for the Seaton Fire Hall #1 dated April 26, 2022, (the “Terms of Reference”), a copy of which is attached as Schedule “A” to this Agreement. The Artist submitted a proposal dated M, D, Y, (“the Proposal”), a copy of which is attached as Schedule “B” to this Agreement. The Artist has been selected by the City to create, manufacture and install or deliver to the site, as required for the different components, the Artwork titled Horse Power in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement. This public art piece will be featured as part of the new Seaton Fire Hall #1 and is intended to reflect the rapidly developing community in Seaton, local nature and wildlife including birds that have habitats in the area, and the collective experience of community by residents. Attachment #4 to Report CS 14-22 - 429 - Letter of Understanding Public Artwork Agreement 3. Definitions Artwork -The “Artwork” means the final piece of artwork developed from the design, model, and specifications provided by the Artist and approved by the City, which Artwork is more particularly specified in Schedule “B” attached hereto. The Work -The “Work” means designing, producing and fabricating the Artwork as well as delivering and installing it at the Place of Installation. Place of Installation -The “Place of Installation” is 1700 Zents Drive on the northwest corner of Zents Drive and Brock Road in Pickering, more specifically located as shown on the attached drawing Schedule “C” attached hereto. 4. Artist Fee: Compensation and Payment Schedule a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be $90,000 CAD, inclusive of all applicable federal and provincial taxes including HST. b) Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist that including updated drawings and images that states that the Work has progressed and is proceeding according to schedule D and will be installed by the Delivery Date (as defined below). c) HST shall be enumerated as a separate item on each staged and scheduled payment pursuant to this Article. Payment shall be structured in a payment schedule to the Artist as follows: i)$30,000 at the end of Phase 2 which includes execution of the agreement by all parties, preliminary drawings of all components and connections, preliminary fabrication schedule and pricing and submission of an invoice from the Artist; ii)$30,000 at the end of Phase 4 which includes final detail design, shop drawings for production, pricing, engineer review, and shipping and installation plan subject to the approval of the City and upon submission of an invoice; and iii)$30,000 at the end of Phase 6, within one month after satisfactory installation of the finished Artwork, in its final location, delivery of conservation and maintenance plan, photographic documentation, Artist Statement and Biography subject to approval by the City and upon submission of an invoice from the Artist. The City agrees: a) to pay the Artist all funds due and as provided for herein. 5. Payments of Sub-Contractors The Artist agrees: a) to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. - 430 - Letter of Understanding Public Artwork Agreement 6. Performance The Artist agrees: a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; b) that the materials, methods and processes used to produce the Artwork shall be of first class quality and expressive of the approved design as detailed in Schedule “B” attached hereto; and c) to use first class skills, diligence and workmanship as are normally found in the artistic profession, and ensure that all materials incorporated into the Artwork are of the utmost quality and design in accordance with Schedule “B”. 7. Timelines and Completion of Deliverables The Artist agrees: a) to complete the installation of the Artwork to the satisfaction of the City no later than April 14, 2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will include a maintenance/conservation plan submitted by the Artist; b) during the design and production of the Artwork, to keep the City advised of the status of the production of the Artwork. If required by the City, the Artist shall allow representatives of the City to view the Artwork during its various stages of production or provide progress photographs; c) to submit a progress report and invoice, with supporting receipts and invoices from sub- contractors, in the form specified by the City, prior to each payment date set out in Schedule “D”; d) to provide a conservation and maintenance plan; and e) to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “D”. The City agrees: a) to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. - 431 - Letter of Understanding Public Artwork Agreement 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Coordinator, Public Art; and b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Manager, Cultural Services provided however, that the City’s objection to any feature of the Artwork which is reasonably attributable to the exercise of the Artist’s aesthetic judgement during the progress of the development of the Artwork shall not be considered a substantive change and shall not be a basis for withholding acceptance or payment for the Artwork. 10.Permits and Engineers Stamp The Artist agrees: a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and installation of the Artwork and prepare all materials, documents, reports, plans and drawings, required in order to obtain any Structural Engineers' stamps required in connection with the manufacture and installation of the Artwork at the Installation Site. 11.Delivery, Installation and Protective Measures The Artist agrees: a) to be solely responsible for all costs and supervision of the actual fabrication, production and installation of the Artwork including the cost of any site preparations or safety precautions that are required for the installation of the Artwork in its final location unless otherwise specified by the City. If protection during installation is required, then the Artist is to provide it; b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects and in compliance with the specifications as outlined in Schedule “B” attached hereto; c) The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist; d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; and e) that installation shall have been deemed to be complete when acceptance by the City or by its designated agent. The City agrees: a) to provide, at its expense, a permanent marker in keeping with the quality and type of the Artwork which will identify the name of the Artist, the name of the Artwork and the year of the Artwork. - 432 - Letter of Understanding Public Artwork Agreement 12.Damage to Artwork and Artist’s Property The Artist agrees: a) that in the event of physical loss or damage to the Artwork prior to completion of installation and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps to rectify the loss or damage by repair, restoration, replacement or other appropriate means as soon as is reasonably possible at no additional expense to the City. Where necessary, the Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the loss or damage as soon as is reasonably possible after receipt of said funds; and b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods, equipment or supplies and will maintain all-risk coverage as required by this Agreement and as any prudent owner of such materials, goods, supplies and equipment would maintain. The Artist shall have no claim against the City or the City’s insurers for any damage or loss to the Artist's property and shall require his insurers to waive any right of subrogation against the City. The City agrees: a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair any damage done to the Artwork by vandalism or other means substantially in accordance with the conservation and maintenance plan to be provided by the Artist. The City will make reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to consult with the City on the proposed repairs. 13.Warranty, Repair and Maintenance The Artist agrees: a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of receipt of such notice. Should it not be possible to complete rectifying the deficiencies within ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City indicating when completion will occur; b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably; and c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the conservation and maintenance plan submitted by the Artist, during the first three (3) years after installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies - 433 - Letter of Understanding Public Artwork Agreement (normal weathering and “wear and tear” excepted) in the Artwork without any charge to the City. The City agrees: a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces the Artwork, all to the level which the City considers to be appropriate and in accordance with the conservation and maintenance plan to be approved by the City and that will be provided by the Artist. 14.Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the Esplanade Park; and b) to consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist's and/or donor's consent. 15.Insurance The Artist agrees: a) that upon request by the City, the Artist shall take out and keep in force a policy of liability insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as may be required), and not less than two million ($2,000,000.00) automotive liability insurance coverage. Certificate(s) of insurance shall be provided upon request by the City. i. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all operations performed by or on behalf of the Company, a certificate of insurance shall be completed by the Company’s agent, broker or insurer. ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30)days prior written notice to the City. iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its expiration date, then the City may arrange a public liability policy insuring the City in the amount of $2,000,000.00 and an automotive liability policy insuring the City in the amount of two million ($2,000,000) at the expense of the Company, which may be recovered from amounts owed to the Company or from any form of security still in the City's possession. - 434 - Letter of Understanding Public Artwork Agreement 16.Indemnification The Artist agrees: a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from any physical deficiencies or deformities or structural failures of the Work which render the Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall survive the period of time required to fulfill this contract and extend to the useful life of the Artwork and shall be binding upon the Artists’ personal representatives, administrators, executors and assigns; b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all liens, all builders liens, claims, actions, costs and damages which may arise during installation of the Work on the Place of Installation. No finding of negligence, whether joint or several, as against the City in favour of any third party shall operate to relieve or shall be deemed to relieve the Artist in any manner from any liability to the City, whether such liability arises under this Agreement or otherwise; and c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for any and all losses, claims, demands, suits, actions, judgements or costs that may arise from the allegation that the Artwork is not original to the Artist. 17.Occupational Health and Safety Act The Artist agrees: a) to conform to and enforce strict compliance with the requirements of the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA"); b) that nothing in this Agreement shall be construed as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Artist either instead of or jointly with the Artist; and c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and that the employees of the Artist and of all subcontractors are trained in the health and safety hazards expected to be encountered in the Services. 18.Workplace Safety & Insurance The Artist agrees: a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board; b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by the Company to the Board in conjunction with the subject Contract have been made and that - 435 - Letter of Understanding Public Artwork Agreement the City will not be liable to the Board for future payments in connection with the Company’s completion of the project; and c) That a Company deemed to be an Independent Operator by the Workplace Safety & Insurance Board will provide a copy of such letter to the City containing the Independent Operator identification number issued by the Board. An Independent Operator must be covered by WSIB optional insurance and provide proof of this coverage upon request. 19.Delays The Artist and the City agree that: a) neither party shall be responsible for any failure to comply with or for any delay in performance of the terms of this Agreement including but not limited to delays in delivery, where such failure or delay is directly or indirectly caused by or results from events of force majeure beyond the control of the party sought to be charged. These events shall include, but not be limited to fire, earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or labour problems or delays in transportation, inability to secure necessary materials, parts or components, delay or failure of performance of any supplier or subcontractor, acts of Nature or acts of Government. 20.Early Termination The Artist and the City agree that: a) notwithstanding any other provision of this Agreement, the City may, at any time and without cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60) days' notice in writing to the Artist. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach which is remediable is not rectified by the Artist to the City's satisfaction and within the timeframe set out in the City's notice of breach. In the event of such termination, the City shall not incur any liability to the Artist other than work completed to the date of termination in accordance with the payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors, subcontractors, or employees incurred in connection with such termination; c) all rights and remedies of the City for any breach of the Artist's obligations under the Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Agreement or otherwise at law; - 436 - Letter of Understanding Public Artwork Agreement d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy; and e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered to or retained by the City at no further cost or liability to the City. 21.Ownership The Artist and the City agree: a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in connection with the Artwork, will vest in the City upon final payment for same. 22.Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only; b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City; c) not to replicate the Artwork for any other client or purchaser; and d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23.Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent with the original design of the Artist. 24.Mediation The Artist and the City agree: - 437 - Letter of Understanding Public Artwork Agreement a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues may be taken to any other appropriate dispute resolution process agreed to by the parties, including arbitration or an appropriate court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act; b) any claim or action brought pursuant to this Agreement shall only be brought in the courts of the Province of Ontario. This Agreement forms the entire agreement between parties and no other representations either oral or written shall form part of this Agreement. The rights and remedies of the City under this Agreement are cumulative and in addition to any rights and remedies provided by law or equity. To the City at: The City of Pickering One the Esplanade Pickering , Ontario The City’s Representative for the purpose of this Agreement will be Laura Gibbs lgibbs@pickering.ca To the Artist at: 18 Lorne Card Drive, Paris, Ontario, N3L 0J7 alison@my-pmo.com https://www.bermingham.studio/ Or to such other address or person as the parties may designate to each other in writing. It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if personally delivered. - 438 - Letter of Understanding Public Artwork Agreement IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed. ____________ ___ _______________ Full name, artist Date _____________ ___ _______________ David Ryan, Mayor Date City of Pickering _____________ ___ _______________ Susan Cassel, City Clerk Date City of Pickering - 439 - Letter of Understanding Public Artwork Agreement GENERAL Schedule A: Terms of Reference Schedule B: The Artwork (Artist’s Concept proposal document attached) Schedule C: Place of Installation (Seaton Fire Hall #1) Schedule D: Detailed Fabrication Schedule - 440 - Letter of Understanding Public Artwork Agreement SCHEDULE D Detailed Fabrication Schedule WORK PLAN The completion dates for each phase of the project as set out below shall be finalized upon final determination of the construction commencement date and prior to commencement of the Phase 2 services. Phase 1 – July 4, 2022 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 -To be completed by August 19, 2022, to the satisfaction of the City This phase will include the following Client approvals: • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and Pricing Phase 3 -To be completed by August 31, 2022 to the satisfaction of the City • Final design and pricing • Preliminary engineer review This phase will include the following Client approvals: • Design drawings, including all components and connections. Phase 4 -To be completed by October 21, 2022 to the satisfaction of the City • Completion of detail design. This phase will include: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with the artist and other relevant contractors, and to the satisfaction of the City. Phase 5 -To be completed by November 18, 2022 to the satisfaction of the City. - 441 - Letter of Understanding Public Artwork Agreement • Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 6 – To be completed by April 14, 2023 to the satisfaction of the City. • Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. • Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography • Final acceptance of Artwork to the satisfaction of the City. - 442 - Report to Council Report Number: ENG 18-22 Date: June 27, 2022 From: Richard Holborn Director, Engineering Services Subject: Sandy Beach Road Reconstruction -Elexicon Energy Hydro Pole Relocation -File: A-1440 Recommendation: 1.That the quotation for hydro pole relocation submitted by Elexicon Energy for the Sandy Beach Road reconstruction project in the amount of $310,524.00 (HST included) be accepted; 2.That the total gross project cost of $341,576.00 (HST included) and the total net project cost of $307,600.00 (net of HST rebate) for the Elexicon Energy Hydro Pole Relocation be approved; 3.That Council authorize the Director, Finance & Treasurer to fund the net project cost of $307,600.00 as follows: a)the sum of $153,800.00 as approved in the 2019 Development Projects (DC-Funded) Capital Budget to be funded by a transfer from the Development Charges – City’s Share Reserve; b)the sum of $153,800.00 as approved in the 2019 Development Projects (DC-Funded) Capital Budget to be funded by a transfer from the Development Charges – Transportation Reserve Fund; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The Municipal Infrastructure Group (TMIG, now a T.Y. Lin International Company) were retained by the City to complete the Municipal Class Environmental Assessment and the detailed design for the Sandy Beach Road Reconstruction project. Through the design process, it was determined that hydro pole relocations are required to create the necessary space for the installation of both the proposed 2.5m multi-use path and the 1.5m grassed boulevard on the west side of Sandy Beach Road. Elexicon Energy has submitted a quotation for the 45 hydro poles that have been identified to be relocated on Sandy Beach Road. The quotation is governed under the Municipal Franchise Agreement for Cost Sharing with Elexicon Energy. - 443 - ENG 18-22 June 27, 2022 Subject: Sandy Beach Road Reconstruction Elexicon Energy Hydro Pole Relocation Page 2 The total estimated cost for the entire hydro pole relocation project (both Elexicon Energy and City share) is $875,976.00 (HST included). After applying the cost sharing agreement, the City’s share is $310,524.00 (HST included). Engineering Services staff have reviewed the quotation and pole relocation plans submitted by Elexicon Energy and recommend acceptance of the quotation in the amount of $310,524.00 (HST included), and recommend a total net project cost of $307,600.00 (net of HST rebate) be approved. Financial Implications: 1.Proposal Amount Quotation submitted by Elexicon Energy $274,800.00 HST (13%) $35,724.00 Total $310,524.00 2.Estimated Project Costing Summary Quotation submitted by Elexicon Energy $274,800.00 Project Contingency (10%) 27,480.00 Subtotal – Costs $302,280.00 HST (13%) 39,296.00 Total Gross Project Cost $341,576.00 HST Rebate (11.24%) (33,976.00) Total Net Project Cost $307,600.00 3.Approved Source of Funds – Development Projects Capital Budget Expense Code Source of Funds Budget Amount Required C10575.1904 R – DC’s City’s Share $1,000,000.00 $153,800.00 C10575.1904 RF DC – Transportation Services 1,000,000.00 153,800.00 Total $2,000,000.00 $307,600.00 Balance of Funds Available for Completion of Sandy Beach Reconstruction Phase 1 $1,692,400.00 - 444 - ENG 18-22 June 27, 2022 Subject: Sandy Beach Road Reconstruction Elexicon Energy Hydro Pole Relocation Page 3 As part of the 2019 Capital Budget, funds for the Sandy Beach Road – Road Reconstruction Phase 1 were approved in the amount of $2,000,000.00. The balance of funds for Phase 1 ($1,692,400.00) will be used for the future culvert replacement where Krosno Creek crosses Sandy Beach Road, south of Alyssum Street. Discussion: The City of Pickering retained the services of The Municipal Infrastructure Group (TMIG, now T.Y. Lin International Company) to undertake the Sandy Beach Road Municipal Class Environmental Assessment (Class EA) and detailed design which commenced in August, 2017. The Class EA examined the need for improvements to Sandy Beach Road from Montgomery Park Road to Bayly Street, and reviewed the existing culvert where Krosno Creek crosses Sandy Beach Road, for structure condition and sizing. The Class EA identified that the reconstruction of Sandy Beach Road would also provide an opportunity to address poor road conditions, drainage issues and the lack of pedestrian and cycling facilities. The Notice of Completion for the Class EA was issued September 2019 and the Class EA process has been completed. Through the detailed design process, it was determined that hydro pole relocations are required to create the necessary space for the installation of both the proposed 2.5m multi-use path and the 1.5m grassed boulevard on the west side of Sandy Beach Road. Elexicon Energy has submitted a quotation for the 45 hydro poles that have been identified to be relocated on Sandy Beach Road. The quotation is governed under the Municipal Franchise Agreement for Cost Sharing with Elexicon Energy. The City’s apportioned cost is as follows; Categories City of Pickering Elexicon Energy Materials 0% 100% Labour/Vehicles 50% 50% Labour Saving Devices 50% 50% Subcontractors 50% 50% The Elexicon Energy quotation is in accordance with the Purchasing Policy – Appendix 1 (Exceptions), Section 8, where only one written proposal is required without going through a competitive process, and Capital funds are available in an approved Budget. (8)Work or services to or from other government agencies, utilities, Provincial or Federal agencies, Crown Corporations, municipalities, public agencies, or Boards The total estimated cost for the entire hydro pole relocation project (both Elexicon Energy and City share) is $875,976.00 (HST included). Applying the cost sharing proportion above, the City’s share is $310,524.00 (HST included). Engineering Services staff have reviewed the quotation and hydro pole relocation plans submitted by Elexicon Energy and recommend that acceptance of the quotation in the amount of $310,524.00 (HST included), and recommend a total net project cost of $307,600.00 (net of HST rebate) be approved. - 445 - ENG 18-22 June 27, 2022 Subject: Sandy Beach Road Reconstruction Elexicon Energy Hydro Pole Relocation Page 4 Attachment: 1.Location map Prepared By: Approved/Endorsed By: Original signed by: Original signed by: Scott Booker Richard Holborn, P.Eng. Manager, Capital Projects & Infrastructure Director, Engineering Services Original signed by: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer SB:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 446 - Attachment #1 to Report ENG 18-22 - 447 - Report to Council Report Number: ENG 19-22 Date: June 27, 2022 From: Richard Holborn Director, Engineering Services Subject: Walnut Lane Extension -Municipal Class Environmental Assessment -File: A-1440 Recommendation: 1.That Report ENG 19-22 of the Director, Engineering Services regarding the Walnut Lane Extension Municipal Class Environmental Assessment be received; 2.That the Walnut Lane Extension Kingston Road to Liverpool Road Municipal Class Environmental Assessment Draft Environmental Study Report, June 2022, prepared by AECOM Canada Ltd. be endorsed in principal; 3.That staff be authorized to complete the Environmental Assessment process and issue a Notice of Study Completion and file the Draft Environmental Study Report for the 30 day public review period in accordance with the Municipal Class Environmental Assessment process; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering is undertaking the Municipal Class Environmental Assessment (Class EA) study to extend Walnut Lane from Kingston Road to Liverpool Road. The extension is required to service existing, approved, and proposed development in the City Centre and Liverpool neighbourhoods and will accommodate all modes of transportation. Alternative solutions and design concepts, including potential structure alternatives over Pine Creek, have been considered in the Class EA process. The Class EA study is being conducted in accordance with the Schedule "C" planning process as per the Municipal Engineers Association’s, Municipal Class Environmental Assessment (MCEA) (October 2000, amended 2007, 2011 and 2015) which is an approved process under the Environmental Assessment Act. A Draft Environmental Study Report (ESR) has been prepared and circulated to commenting agencies for their initial review. Upon receipt of comments, the Draft ESR will be updated and submitted to the Ministry of the Environment, Conservation and Parks. With Council’s endorsement as per Recommendation #2, a Notice of Study Completion will be issued and the ESR will be filed for the 30 day public review period. - 448 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 2 Financial Implications: The cost to prepare the Municipal Class Environmental Assessment and detailed design was approved in the 2017 and 2018 Capital Budgets in the total amount of $461,226.00. During the course of the study, the project changed from a Schedule “B” Class EA process to a Schedule “C” Class EA process, which required a change in scope and cost. As a result, the detailed design assignment was reduced to a conceptual design assignment in order to offset the additional cost. The most current estimated cost for the design, construction and inspection/contract administration for the Walnut Lane extension is $7.7 million. In the 2022 Capital Budget an amount of $6,550,300.00 was approved for this work. The amount was based on the cost estimate at the time, which included a smaller span structure over Pine Creek. The proposed 2022 Development Charges Study as presented to Council at the June 20, 2022 statutory meeting, reflects the current estimated cost of $7.7 million which is provided by the consultant. The land required for the Walnut Lane extension project that is currently not under City ownership, will be conveyed by the current landowner, Tribute Communities, to the City of Pickering through the development approvals process, at no cost to the City. Discussion: The City of Pickering is undertaking the Municipal Class Environmental Assessment (MCEA) study to extend Walnut Lane from Kingston Road to Liverpool Road, including the existing section constructed south of Kingston Road that is being used as a commercial driveway. The extension of Walnut Lane is required to service existing, approved, and proposed development in the City Centre and Liverpool neighbourhoods and when built, will accommodate all modes of transportation. Alternative solutions and design concepts, including potential structure alternatives over Pine Creek, have been considered in the EA process. The Class EA study is being conducted in accordance with the Schedule "C" planning process as per the Municipal Engineers Association’s, Municipal Class Environmental Assessment (MCEA) (October 2000, amended 2007, 2011 and 2015) which is an approved process under the Environmental Assessment Act. The Class EA study was initially being conducted in accordance with the Schedule “B” planning process. Construction of a new road or a new water crossing where the capital cost is estimated to be less than $2.7 million is considered a Schedule B undertaking, while a Schedule “C” planning process is triggered if the capital cost is estimated to exceed $2.7M. The Project was upgraded to the Schedule "C" planning process as a result of the higher estimated cost (greater than $2.7 million) associated with the Pine Creek crossing. Schedule “C” projects require an Environmental Study Report (ESR) to be prepared and filed for review by the public and review agencies. As a Schedule “C” project, the study examined a range of alternatives and identified a preferred alignment for Walnut Lane south of Kingston Road, including the associated design for extending and connecting Walnut Lane to Liverpool Road. - 449 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 3 Potential structure alternatives over Pine Creek were also considered in consultation with Toronto and Region Conservation Authority (TRCA). The Class EA study is subject to the completion of all five phases of the MCEA process including: Phase 1 – Problem or Opportunity The Problem/Opportunity Statement is the first phase in undertaking a MCEA study and assists in establishing the study’s scope. Based on the Project need and justification, the consultant has prepared the following problem/opportunity statement: •Problem: Extending Walnut Lane easterly from Kingston Road to the west side of Liverpool Road is needed to address projected travel demands, provide a second point of ingress/egress to support future development and strengthen the east/west transportation grid network. •Opportunity: There is an opportunity to employ the Complete Streets approach in order to accommodate the existing and future traffic demand (including transit and active transportation) and provide better connectivity to adjacent neighbourhoods for the overall road network. Phase 2 – Alternative Solutions In Phase 2 of the Class EA Study process, the following alternative planning solutions were identified to address the identified Problem and Opportunity Statement and establish the preferred planning solution: •Alternative 1: Do Nothing •Alternative 2: Operational Improvements •Alternative 3: Extend Walnut Lane easterly from the current eastern terminus to Liverpool Road •Alternative 4: Widen or Extend Alternate Routes •Alternative 5: Transportation Demand Management. •Alternative 6: Limit Development Based on the evaluation criteria developed, the consultant recommended a combination of Alternatives 2, 3 and 5 as a preferred planning solution. This planning solution will improve the network capacity and road connectivity by providing an alternate route for traffic travelling from Kingston Road to Liverpool Road (avoids the Liverpool Road and Kingston Road intersection). This planning solution also provides a second point of ingress/egress to support future development and strengthens the east/west transportation grid network. Alternative 4 (Widen or Extend Alternate Routes) is also recommended as a one of the preferred planning solutions, however this alternative is being addressed through the City of - 450 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 4 Pickering Kingston Road Corridor and Specialty Retailing Node Intensification Plan (recommends extending Dixie Road easterly to the proposed Walnut Lane extension) as well as other MCEA studies, including the future Liverpool Road Widening (from the Hwy 401 WB on ramp to Kingston Road), Kingston Road widening through the Durham-Scarborough Bus Rapid Transit project, and the Complete Streets Strategy as per the City’s Integrated Transportation Master Plan. Phase 3 – Alternative Design Concepts for the Preferred Solution In Phase 3 of the Class EA study process, the consultant developed three alternative design concepts for the Walnut Lane extension road alignment and for the Pine Creek crossing span width, based on the preferred planning solution recommended in Phase 2. The consultant evaluated three alignments (as shown in the figure below): •Alternative 1 – Central Alignment •Alternative 2 – North Alignment •Alternative 3 – South Alignment Figure 1 – Three Alternative Road Alignments Similar to Phase 2, evaluation criteria were developed to evaluate the alternative road and bridge design concepts. The alternative concept that provided the most positive effects and/or the least negative effects based on the criteria, overall, was considered the preferred solution. - 451 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 5 Alternative 1: Central Alignment has been identified as the preferred design concept based on the following rationale: •least impact on the natural heritage features (e.g. wetland removal and crossing length) present within the Study Area; •facilitates the largest block of developable land when considering environmental constraints and setbacks; and, •slightly lower construction cost related to most direct and shortest route. All alternatives have similar ranking for the other evaluation categories (i.e., Technical, Archaeology and Culture). The consultant evaluated the three following Pine Creek Crossing span widths: •Option 1 – 25m clear span bridge •Option 2 – 30m clear span bridge •Option 3 – 36m clear span bridge Option 3 – 36 m span width has been identified as the preferred design concept based on the following rationale: •meets TRCA Crossings Guidelines for Valley and Stream Corridors (2015). The bridge span is required, at minimum, to meet the meander belt width for new crossings; •provides opportunity for stream corridor enhancements; and, •least impact to aquatic vegetation and species. The proposed roadway will consist of a two-lane urban cross section (curb and gutter) with 4.875 m wide lanes. A 3.0 m asphalt-paved multi-use path (MUP) will be provided on the north side of Walnut Lane, and a 1.5 m concrete sidewalk will be provided on the south side. A new bridge structure is proposed over Pine Creek. The proposed bridge is a 36 m single span precast prestressed concrete girder bridge with integral abutments on H-Piles. The bridge will have a clear opening of 36 m. Preliminary Traffic Calming Plan Based on resident feedback from the first Public Information Centre (PIC #1), a key concern voiced by the community were the potential impacts to existing Walnut Lane north of Kingston Road, including cut through traffic. A Traffic Calming Study was initiated following PIC #1 which established the need for traffic calming measures within the Study Area. Based on the traffic report recommendations, the following preliminary traffic calming plan is proposed for morning peak hours from 7:00 am to 9:00 am. The proposed traffic calming measures are shown in the figure below and include: - 452 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 6 •alternate on-street curb-side parking areas between opposite sides along mid-block sections of Walnut Lane to simulate a chicane effect when vehicles are parked; •install a “NO STRAIGHT THROUGH” sign (Rb-10) at the intersection of Kingston Road and Walnut Lane facing northbound motorists to prohibit northbound through movements at the intersection of Kingston Road and Walnut Lane at all times; •install a “NO LEFT TURN” sign with a tab sign specifying the restricted time being between 7:00 AM and 9:00 AM on weekdays (Rb-12A) facing southbound motorists at the intersection of Dixie Road and Culross Avenue. The “NO LEFT TURN” sign is intended to prohibit the southbound left-turning movement from Dixie Road onto Culross Avenue during the weekday AM peak period; and, •install “NO RIGHT TURN” signs with a tab sign specifying the restricted time being between 7:00 AM and 9:00 AM on weekdays (Rb-11A) facing eastbound motorists at the intersection of Glenanna Road and Walnut Lane, the intersection of Glenanna Road and Storrington Street, and the intersection of Glenanna Road and Listowell Crescent. The “NO RIGHT TURN” signs are intended to prohibit eastbound right-turning movements from Glenanna Road onto Walnut Lane, Storrington Street, and Listowell Crescent during the weekday AM peak period. Figure 2 – Proposed Traffic Calming Measures - 453 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 7 Phase 4 – Environmental Study Report In this phase, the consultant has prepared the attached draft Environmental Study Report that provides a summary of planning, design and consultation process of the project, as established through the above phases. A notice of completion will be issued and the draft Environmental Study Report will be filed and made available for the 30 day public and agency review period. Phase 5 – Implementation (design and construction) After completion of the Class EA process, the project is able to proceed to detailed design and construction. Public and Agency/Stakeholder Consultation: The project team has undertaken several steps to inform and facilitate dialogue with interested and affected stakeholders, review agencies, Indigenous communities, and members of the public during the MCEA decision-making process. The following summarizes the public, agency/stakeholder, and Indigenous community consultation activities during the MCEA planning process: •At the beginning of the study, a Notice of Study Commencement was issued that presented an overview of the project and how to participate in the study. •A mailing list for the Project was developed and updated, as required, throughout the MCEA process. •The City’s website provided relevant project information, including advance notification of Public Information Centres. •PIC #1 was held virtually with content available to review on the City’s website. An online comment form was made available starting on June 27, 2019 to solicit input for consideration by the Project Team. The purpose of PIC #1 was to introduce the Walnut Lane Extension Class EA, present a clear statement of the problem and opportunity being addressed, the existing conditions, the alternative and recommended solutions, the evaluation criteria, and to provide the next steps of this study and how the community can provide their input. •PIC #2 was held virtually with two methods of participation. It was hosted virtually as a live Town Hall event using the Zoom platform on Thursday, November 19, 2020 from 6:30 pm to 8:00 pm. The presentation included a recap of feedback from PIC #1, sharing the evaluation of road alignment alternatives and span width options for crossing Pine Creek, the preliminary recommended design concept, and mitigation measures to address potential impacts the project may have, such as traffic infiltration. An online feedback survey was also made available to receive input. - 454 - ENG 19-22 June 27, 2022 Subject: Walnut Lane Extension Municipal Class Environmental Assessment Page 8 •Meetings were held with agencies and stakeholders, as appropriate. All comments received were considered and addressed to the extent possible by the Project Team. Next Steps: In order to complete the Walnut Lane Extension Municipal Class EA process, the following next steps are to be completed: •finalize the draft ESR based on the agencies comments; •issue the Notice of Completion; •file the updated ESR for the public 30 day review period; and, •finalize the ESR based on the comments received. Attachments: 1.Draft Environmental Study Report, dated June 2022 Prepared By: Approved/Endorsed By: Original signed by: Original signed by: Nadeem Zahoor, P. Eng, M. Eng. Richard Holborn, P. Eng. Transportation Engineer Director, Engineering Services NZ:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 455 - Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report City of Pickering 60547978 June 2022 Attachment #1 to Report ENG 19-22 - 456 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report Statement of Qualifications and Limitations The attached Report (the “Report”) has been prepared by AECOM Canada Ltd. (“AECOM”) for the benefit of the Client (“Client”) in accordance with the agreement between AECOM and Client, including the scope of work detailed therein (the “Agreement”). The information, data, recommendations and conclusions contained in the Report (collectively, the “Information”): ◼ is subject to the scope, schedule, and other constraints and limitations in the Agreement and the qualifications contained in the Report (the “Limitations”); ◼ represents AECOM’s professional judgement in light of the Limitations and industry standards for the preparation of similar reports; ◼ may be based on information provided to AECOM which has not been independently verified; ◼ has not been updated since the date of issuance of the Report and its accuracy is limited to the time period and circumstances in which it was collected, processed, made or issued; ◼ must be read as a whole and sections thereof should not be read out of such context; ◼ was prepared for the specific purposes described in the Report and the Agreement; and ◼ in the case of subsurface, environmental or geotechnical conditions, may be based on limited testing and on the assumption that such conditions are uniform and not variable either geographically or over time. AECOM shall be entitled to rely upon the accuracy and completeness of information that was provided to it and has no obligation to update such information. AECOM accepts no responsibility for any events or circumstances that may have occurred since the date on which the Report was prepared and, in the case of subsurface, environmental or geotechnical conditions, is not responsible for any variability in such conditions, geographically or over time. AECOM agrees that the Report represents its professional judgement as described above and that the Information has been prepared for the specific purpose and use described in the Report and the Agreement, but AECOM makes no other representations, or any guarantees or warranties whatsoever, whether express or implied, with respect to the Report, the Information or any part thereof. Without in any way limiting the generality of the foregoing, any estimates or opinions regarding probable construction costs or construction schedule provided by AECOM represent AECOM’s professional judgement in light of its experience and the knowledge and information available to it at the time of preparation. Since AECOM has no control over market or economic conditions, prices for construction labour, equipment or materials or bidding procedures, AECOM, its directors, officers and employees are not able to, nor do they, make any representations, warranties or guarantees whatsoever, whether express or implied, with respect to such estimates or opinions, or their variance from actual construction costs or schedules, and accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Persons relying on such estimates or opinions do so at their own risk. Except (1) as agreed to in writing by AECOM and Client; (2) as required by-law; or (3) to the extent used by governmental reviewing agencies for the purpose of obtaining permits or approvals, the Report and the Information may be used and relied upon only by Client. AECOM accepts no responsibility, and denies any liability whatsoever, to parties other than Client who may obtain access to the Report or the Information for any injury, loss or damage suffered by such parties arising from their use of, reliance upon, or decisions or actions based on the Report or any of the Information (“improper use of the Report”), except to the extent those parties have obtained the prior written consent of AECOM to use and rely upon the Report and the Information. Any injury, loss or damages arising from improper use of the Report shall be borne by the party making such use. This Statement of Qualifications and Limitations is attached to and forms part of the Report and any use of the Report is subject to the terms hereof. AECOM: 2015-04-13 © 2009-2015 AECOM Canada Ltd. All Rights Reserved. - 457 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report Authors Report Prepared By: Insert electronic signature Samantha Zandvliet, MPl Environmental Planner Samantha.Zandvliet@aecom.com Insert electronic signature Heather Nottbeck, P.Eng., M.Eng. Deputy Project Manager Heather.Nottbeck@aecom.com Report Reviewed By: Insert electronic signature Karl Grueneis, B.A Senior Environmental Planner Karl.Grueneis@aecom.com Insert electronic signature Hossein Zarei, P.Eng. M.A.Sc. Project Manager, Transportation Systems Planning Hossein.Zarei@aecom.com Report Approved By: Insert electronic signature Jon Newman, P.Eng. Project Manager Jon.Newman@aecom.com - 458 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report Prepared for: City of Pickering One The Esplanade Pickering, ON L1V 6K7 Prepared by: AECOM Canada Ltd. 300 Water Street Whitby, ON L1N 9J2 Canada T: 905.215.1400 F: 905.668.0221 www.aecom.com Distribution List # Hard Copies PDF Required Association / Company Name - ✓ City of Pickering - ✓ AECOM Canada Ltd. Revision History Revision Number Date Revised By Revision Description 1 June 9, 2022 AECOM Draft ESR revisions based on City and agency review comments - 459 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report i Executive Summary The City of Pickering (the City) through their consultant AECOM Canada Ltd. (AECOM) has completed a Municipal Class Environmental Assessment (MCEA) study to extend Walnut Lane from the section presently constructed south of Kingston Road, eastward to Liverpool Road. The extension is required to service existing, approved, and proposed development in the City Centre and Liverpool neighbourhoods and will accommodate all modes of transportation. Alternative solutions and design concepts including potential structure alternatives over Pine Creek have also been considered. Study Area The Study Area (Figure ES-1) encompasses the City Centre and Liverpool Neighbourhoods north of Highway 401 and is centred around the intersection of Kingston Road (Durham Region Highway 2) and Liverpool Road (RR #29). The existing section of Walnut Lane is located approximately 325 metres east of Dixie Road and 680 metres west of Liverpool Road. The approximate limits of the larger Study Area are as follows: Glenanna Road to the north and east, Highway 401 to the south and Dixie Road to the west. Figure ES-1: Study Area - 460 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report ii Project Need and Justification The findings of the traffic impact assessment for the Walnut Lane extension (Appendix A) indicate that in the absence of the Walnut Lane extension, numerous movements at the Study Area intersections would operate over capacity and/or at an unacceptable level of service in the horizon year of 2027. In the absence of any improvements, the long-term vision for the Pickering City Centre (as described in the “Downtown Pickering: A Vision for Intensification and Framework for Investment” Report) and surroundings are expected to further deteriorate traffic conditions in the Study Area road network in the future. With the studied sections of Liverpool Road and Kingston Road already at six lanes by 2026, further widening of these two roads would not be a realistic transportation improvement option. In addition, the planned improvements to the existing transit services, as well as active transportation, are only anticipated to partially address the future traffic operational issues within the Study Area. Hence, there seems to be an inevitable need for a new road connection to the Study Area road network. The extension of Walnut Lane from the section presently constructed south of Kingston Road eastward to Liverpool Road is anticipated to contribute to materializing the Intensification Plan for the City Centre and address most of the future traffic operational issues. In addition, the Walnut Lane extension would allow for development of the parcel of land bounded by Liverpool Road to the east, Highway 401 to the south, Kingston Road to the north, and Pine Creek to the west. Municipal Class Environmental Process The Walnut Lane Extension from Kingston Road to Liverpool Road MCEA Study (hereafter the “Project” or “Walnut Lane extension”) has been conducted in accordance with the Schedule "C" process under the Municipal Engineers Association’s, MCEA manual (October 2000, amended 2007, 2011 and 2015). As a Schedule ‘C’ project, this MCEA study examines a range of alternatives and identifies a preferred alignment for Walnut Lane south of Kingston Road, including the associated design for extending and connecting Walnut Lane to Liverpool Road. Potential structure alternatives over Pine Creek have also been considered. As such, the Project is subject to the completion of all five phases of the MCEA process including: ◼ Phase 1 – Problem or Opportunity ◼ Phase 2 – Alternative Solutions - 461 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report iii ◼ Phase 3 – Alternative Design Concepts for the Preferred Solution ◼ Phase 4 – Environmental Study Report ◼ Phase 5 – Implementation (design and construction) This Environmental Study Report (ESR) concludes Phases 1 to 4 and will be made available on the public record for review and comment for 30 calendar days. Refer to Section 2.3 of this ESR for further details on the public review period. Problem and Opportunity Statement Phase 1 of the Municipal Class Environmental Assessment (MCEA) planning process requires the proponent of an undertaking (i.e., the City) to document factors leading to the conclusion that the proposed improvement is needed, and to develop a clear statement of the identified problems or opportunities to be addressed. The Problem and Opportunity Statement is the first phase in undertaking a MCEA study and assists in establishing the study’s scope. Based on the Project need and justification, the problem and opportunity statement has been formulated: Problem: There is significant development potential within the area beyond the existing southerly terminus of Walnut Lane. Extending Walnut Lane easterly from Kingston Road to the west side of Liverpool Road is needed to: ◼ Address projected travel demands ◼ Provide a second point of ingress/egress to support future development ◼ Strengthen the east to west transportation grid network The proposed road extension must ensure no negative impacts to Ministry of Transportation Highway 401 operations and net benefit to Durham Region road operations, including on Kingston Road and Liverpool Road. In addition, traffic calming measures were developed as part of MCEA and preliminary design in order to prevent the Walnut Lane Extension from leading to any shortcutting / traffic infiltration issue on / through the existing section of Walnut Lane (north of Kingston Road), Opportunity: There is an opportunity to employ the Complete Streets approach in order to accommodate the existing and future traffic demand (including transit and active transportation) and provide better connectivity to adjacent neighbourhoods for the overall road network. - 462 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report iv Alternative Solutions Phase 2 of the Walnut Lane Extension MCEA Study process included the development of the following alternative planning solutions to address the identified Problem and Opportunity Statement: ◼ Alternative 1: Do Nothing ◼ Alternative 2: Operational Improvements ◼ Alternative 3: Extend Walnut Lane easterly from the current western terminus to Liverpool Road ◼ Alternative 4: Widen or Extend Alternate Routes ◼ Alternative 5: Travel Demand Management (TDM) ◼ Alternative 6: Limit Development To determine the preferred planning solution, criteria were developed to assist in the evaluation of the alternative solutions. The alternative solution that best addressed the Problem and Opportunity Statement, that is, the solution that overall provided the most positive effects and/or the least negative effects based on the criteria, was considered the preferred solution. The preferred planning solution includes a combination of Alternatives 2, 3 and 5 based on the following rationale: ◼ The addition of turn lanes can improve overall travel time by reducing queuing ◼ Improves network capacity and road connectivity by providing alternate route for traffic travelling from Kingston Road to Liverpool Road (avoids Liverpool Road and Kingston Road intersection) ◼ Accommodates existing and future planned development – road extension will support planned development in the City Centre, as well as supports the vision of the Kingston Road Corridor Intensification Plan ◼ Addresses projected travel demands ◼ Provides a second point of ingress/egress to support future development for lands south of Kingston Road and west of Liverpool Road. ◼ Strengthens the east to west transportation grid network ◼ Helps avoid further deterioration of traffic conditions in the Study Area ◼ Opportunities for improved cycling, pedestrian and transit facilities ◼ Supports the Complete Streets Strategy as per City’s Integrated Transportation Master Plan - 463 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report v Alternative 4 (Widen or Extend Alternate Routes) is also recommended; however this alternative is being addressed through the City of Pickering Kingston Road Corridor and Specialty Retailing Node Intensification Plan (recommends extending Dixie Road easterly to proposed Walnut Lane extension) as well as other studies, including the future Liverpool Road Widening, Durham-Scarborough Bus Rapid Transit project, and Complete Streets Strategy as per City’s Integrated Transportation Master Plan. Alternative Design Concepts The next phase of the MCEA process included the identification of the preferred design concept for the Walnut Lane extension road alignment and Pine Creek crossing span width. Similar to Phase 2 (Alternative Solutions), criteria were identified to evaluate the alternative design concepts. The alternative design concept that overall provided the most positive effects and/or the least negative effects based on the criteria, was considered the preferred design concept. All road alignments evaluated extend Walnut Lane easterly from the current western terminus at Kingston Road to Liverpool Road. The road alignments evaluated included: ◼ Alternative 1 – Central Alignment ◼ Alternative 2 – North Alignment ◼ Alternative 3 – South Alignment The preferred design concept is Alternative 1: Central Alignment (Figure ES-2) based on the following rationale: ◼ Least impact on the natural heritage features (e.g., wetland removal and crossing length) present within the Study Area ◼ Facilitates the largest block of developable land when considering environmental constraints and setbacks ◼ Slightly lower construction cost related to most direct and shortest route All alternatives have similar ranking for the other evaluation categories (i.e., Technical, Cultural Environment). The evaluation of Pine Creek Crossing Span Widths included: ◼ Option 1 – 25 metre clear span bridge ◼ Option 2 – 30 metre clear span bridge ◼ Option 3 – 36 metre clear span bridge - 464 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report vi Figure ES-2: Preferred Design Concept - 465 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report vii Based on the evaluation, the preferred span width was initially identified as Option 1: 25 metre span width, which was presented at the Public Information Centre #2. However, based on further consultation and comments received from TRCA, Option 3: 36 metre span width is the preferred design concept as per the following key rationale: ◼ Meets TRCA Crossings Guidelines for Valley and Stream Corridors (2015). The bridge span is required, at minimum, to meet the meander belt width for new crossings ◼ Best addresses the 100 metre meander belt ◼ Provides opportunity for stream corridor enhancements ◼ Least impact to aquatic vegetation and species The three span widths evaluated have similar ranking for the evaluation category of Cultural Environment. As per the TRCA commitments outlined in Section 10.3.2, the 36 metre span will be subject to more detailed hydraulic analysis including routing analysis, fluvial geomorphology review and cut fill balance during the detailed design phase of the Project. Preferred Design The design criteria for the Walnut Lane Extension were developed using the City of Pickering - Engineering Design Criteria and Transportation Association of Canada’s (TAC) Geometric Design Guide for Canadian Roads. Consultation with government agencies, Indigenous communities, members of the public and other stakeholders was undertaken to obtain feedback on the preferred design. Road Geometry The proposed horizontal alignment will follow the geometry of the existing section of Walnut Lane in a southerly direction and move easterly on a curvilinear alignment to fit within the constraints of the existing development and to avoid additional property takings. Moving easterly, new Walnut Lane will cross Pine Creek and tie back to Liverpool Road opposite the Highway 401 E-N/S ramp. The design meets minimum radii standards for a design speed of 70 kilometres per hour, with the exception of the first horizontal curve south of Kingston Road (55 metres) due to property constraints. The vertical alignment of Walnut Lane exceeds the crest and sag curve minimum requirements for a 70 kilometres per hour design speed, with a crest curve K-60 (min K- 17) and a sag curve of K-35 (min K-23). The maximum grade on Walnut Lane is 1.58% (max 6%) and the minimum grade is 0.5% (min. 0.5%). - 466 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report viii Cross-sections The proposed roadway consists of a two-lane urban cross-section (curb and gutter) with 4.875 metre lanes. A 3.0 metre asphalt-paved multi-use path (MUP) will be provided on the north side of Walnut Lane, and a 1.5 metre concrete sidewalk will be provided on the south side. The posted speed limit will be 50 kilometres per hour. The cross-section of existing Walnut Lane through the developed area has been defined by the existing property and varies in width. In this area, the 3.0 metres MUP and 1.5 metre sidewalk will be maintained, while the boulevard will be shortened with some curb face locations (sidewalk immediately behind curb). The full 20 metre right of way will be provided where the new roadway is constructed in greenfield. A new bridge structure is proposed over Pine Creek. The proposed bridge is a single span precast prestressed concrete girder bridge with integral abutments on H-Piles. The bridge will have a clear opening of 36 metres. The girders are NU1800, with a 225 mm deck slab and 90 mm asphalt and waterproofing system. The bridge crosses Pine Creek at a 20 degree skew, and carries two 3.875 metre lanes of traffic, has two 1.0 metre shoulders, a 3.0 metre multi-use path on the north side, and a 1.5 metre wide sidewalk on the south side. The barrier is a TL-4 Four Tube Steel Barrier. Refer to Figure ES-3 for the typical cross-sections of the road platform and bridge structure. Intersections The following summarizes the intersection improvements for the Project: ◼ Walnut Lane and Liverpool Road: The proposed intersection at Liverpool Road/Walnut Lane/Highway 401 off ramp will function similar to existing conditions, with the exception of the eastbound left-turn movement that would be prohibited. The Walnut Lane eastbound movement will be right out only with no right turn on red. Existing lane configuration and all moves on the E- N/S Ramp will be maintained. All moves will be maintained for northbound and southbound Liverpool Road, and the Highway 401 E-N/S ramp, plus the addition of a southbound through lane and a dedicated southbound right turn lane. These additional southbound lanes are part of Durham Region’s planned Liverpool Road widening.. - 467 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report ix Figure ES-3: Typical Cross-sections - 468 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report x ◼ Walnut Lane and Kingston Road: The existing intersection will largely remain the same, with the exception of the northbound through movement that would be prohibited. Median and channelization islands will be used to physically restrict the prohibited northbound through movement, with the configuration to be determined in detail design. The Region of Durham has plans to widen Kingston Road to include median transit. The design for the intersection will accommodate the future widening. ◼ Walnut Lane and Pickering Parkway (Future): There is potential future connection from Pickering Parkway to Walnut Lane that is not included in the scope of the Project. A potential future connection has been identified in the City’s Official Plan that has been identified for conceptual purposes on the Project drawings. This intersection would be part of the long-term redevelopment of the Loblaws site and would be located on north side of Walnut Lane, east of Pine Creek. The exact location will be determined through a separate MCEA process or Planning Act development application to evaluate the location of a future potential connecting road should the Loblaws site be redeveloped in the future. Drainage and Stormwater Management Catch basins, manholes and storm sewers will be constructed to facilitate drainage of Walnut Lane, as per the typical section. Walnut Lane and the future Tribute Communities development will share a storm outfall. Accesses The road design will control the number of accesses from Walnut Lane. The existing parking lot entrances to commercial and other businesses from Walnut Lane (south of Kingston Road) will be reduced to three access points; one to access the parking lot west of Walnut Lane, one to access the Home Depot parking lot, and one for truck access including a fire route (east side of Food Basics). The unofficial entrance at Liverpool Road opposite the ramp terminal will be removed as the current access was not approved by MTO who also have concerns with any new entrance off the new Walnut Lane road. Consultation with the property owner (1786 - 1790 Liverpool Rd) is ongoing. Future entrance locations to the proposed developments east of Pine Creek will be identified and confirmed as part of the site developments plans. - 469 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report xi Preliminary Traffic Calming Plan A key concern voiced by the community were the traffic impacts to Walnut Lane north of Kingston Road, including cut through traffic / traffic infiltration through the existing residential section of Walnut Lane. A Traffic Calming Study (Appendix A) was initiated following first Public Information Centre (PIC) which established the need for traffic calming measures within the Study Area. Based on the findings of the two-stage evaluation process, and subject to a future design exercise and right-of-way considerations, the following preliminary traffic calming plan is proposed for the City’s consideration. The proposed traffic calming measures are shown in Figure ES-4 and include: ◼ Alternate on-street curb-side parking areas between opposite sides along mid-block sections of Walnut Lane to simulate a chicane effect with parked vehicles. ◼ Install two “NO STRAIGHT THROUGH” signs (Rb-10) at the intersection of Kingston Road and Walnut Lane. The “NO STRAIGHT THROUGH” signs are to face northbound motorists and are intended to prohibit northbound through movements at the intersection of Kingston Road and Walnut Lane at all times. One of the two signs is recommended to be installed nearside and the other one at the far side of the intersection. Note that as part of the detailed design of Walnut Lane Extension, the City and their consultant would assess needs for and if needed, the most suitable type of design elements (e.g., smart channels, etc.) to physically prohibit motorists from travelling northbound through the intersection of Kingston Road and Walnut Lane. ◼ Install a “NO LEFT TURN” sign with a tab sign specifying time of between 7:00 a.m. and 9:00 a.m. on weekdays (Rb-12A) facing southbound motorists at the intersection of Dixie Road and Culross Avenue. The “NO LEFT TURN” sign is intended to prohibit southbound left-turning movement from Dixie Road onto Culross Avenue during the weekday AM peak period. ◼ Install “NO RIGHT TURN” signs with a tab sign specifying time of between 7:00 a.m. and 9:00 a.m. on weekdays (Rb-11A) facing eastbound motorists at the intersection of Glenanna Road and Walnut Lane, the intersection of Glenanna Road and Storrington Street, and the intersection of Glenanna Road and Listowell Crescent. The “NO RIGHT TURN” signs are intended to prohibit eastbound right-turning movements from Glenanna Road onto Walnut Lane, Storrington Street, and Listowell Crescent during the weekday AM peak period. - 470 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report xii Figure ES-4: Preliminary Proposed Traffic Calming Measures - 471 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report xiii Municipal Services and Utilities A 300 mm water main runs along the south side of Kingston Road and along the east side of Liverpool Road to Pickering Parkway. A 300 mm watermain will be placed under the south boulevard of Walnut Lane, as per the typical section. A 200 mm sanitary sewer runs along the south side of Kingston Road. A 600 mm sanitary sewer runs along the west side of Pine Creek to the 1050 mm sanitary sewer that runs along the north side of Highway 401. Future private developments will connect to existing sanitary sewers. New sanitary sewers are not included in the construction of Walnut Lane. Hydro, gas, and telecommunications will be located in the south boulevard of Walnut Lane, as per the typical section. Continued co-ordination will be maintained with all utility owners to ensure design compliance during the detailed design Phase Property Requirements The new Walnut Lane roadway corridor (20 metres) has been identified along the existing development and will be acquired by the City. No additional property is required to facilitate this project. The City may wish to acquire property at the pinch point near station 1+240, but this would be part of a redevelopment of that specific site. Pine Creek Corridor Public Ownership Transfer: ◼ As development applications proceed, valley lands (from east top of bank to west top of bank) are to be transferred from the proponent to public ownership Schedule and Cost This project could proceed to Detail Design and construction in 2022-2023, subject to council and budgetary approvals. Construction could start in 2023 and is anticipated to take approximately one year to complete. The preliminary construction cost estimate is approximately $7.7M, which includes the bridge ($3.8M) and road extension/improvements ($3.9M). Preliminary Land Use and Phasing Plan The parcels of land currently bounded by Pine Creek to the west, Loblaws site to the north Highway 401 to the south, and immediately west of Liverpool Road will be developed first. This includes the Tribute Communities condominium development on - 472 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report xiv the west side of Liverpool Road and north side of Highway 401 that will front the future Walnut Lane roadway. The Tribute Communities development is currently going through the site plan process. The Loblaws property redevelopment is expected to occur in the long term. Potential Environmental Effects, Mitigation Measures and Monitoring The implementation of the Project has the potential to create positive and negative effects. Minimizing negative effects has been a key consideration throughout Phases 1 through 3 of the Project and has been discussed with agencies, stakeholders, Indigenous Communities, and the public. The existing conditions presented in Section 4 of this report were used as baseline conditions against which changes due to the Project (effects) were assessed. Effects can be generally divided into two main categories: construction related effects (which are temporary in nature) and effects related to the operation and maintenance of the Project (effects that are permanent). Negative effects caused by the Project are avoided to the extent possible; however, in cases where negative effects cannot be fully avoided, mitigation measures will be required during construction, operation and maintenance of the Project. Effects of the Project on the following key features were assessed along with proposed mitigation measures (Section 9) to reduce the effects: 1. Traffic and Transportation 2. Technical and Engineering 3. Natural Environment 4. Socio-Economic Environment 5. Cultural Environment The proposed Walnut Lane extension road alignment passes through a natural area that includes Pine Creek. No Species at Risk (SAR) were encountered during field investigations and it is unlikely that most of the SAR identified through the background review are present. Loss of and/or damage to vegetation and ecological communities through clearing, grubbing, and grading will be limited within the construction footprint. Removal of an estimated 0.114 hectares of wetland will be required for the preferred alternative. A planting restoration plan will be developed in consultation with the City and Toronto and Region Conservation Authority. Following construction, a mitigation plan will be developed to enhance the adjacent remaining wetland. - 473 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report xv In addition to mitigating potential effects, this Environmental Assessment Report also identifies and commits to specific items which are to be reviewed, assessed, and confirmed during the detailed design and construction phases of the project. These future commitments are identified in Section 10. Consultation Several steps have been undertaken to inform and facilitate dialogue with interested and affected stakeholders, review agencies, Indigenous communities, and members of the public in the MCEA decision-making process, thereby contributing to the study outcome. The following summarizes the public, agency/stakeholder, and Indigenous community consultation activities during the MCEA planning process: ◼ A mailing list for the Project was developed and updated, as required, throughout the MCEA process ◼ The City’s website provided relevant project information, including advance notification of Public Information Centres (PIC) ◼ Advertising in the local newspaper was used to provide notifications (i.e., Notice of Commencement, Notice of PICs, and Notice of Completion) ◼ Notices were distributed to the review agencies, stakeholders, and Indigenous communities on the Project’s mailing list ◼ Notices were hand delivered by the City to property owners and businesses within the Study Area ◼ Two virtual Public Information Centres (PICs) were held to introduce and share the results of the Project, as well as receive feedback from participants that was considered by the Project Team ◼ Meetings were held with agencies and stakeholders, as appropriate. All comments received were considered and addressed to the extent possible by the Project Team ◼ Information sharing with Indigenous Communities, as requested, and follow- ups by telephone prior to issuing the Notice of Completion - 474 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report Table of Contents 1. Introduction ....................................................................................... 1 1.1 Overview and Purpose of the Project .................................................................... 1 1.2 Study Area ............................................................................................................. 2 1.3 Project Team Organization .................................................................................... 2 2. Municipal Class Environmental Assessment Planning Process .............................................................................................. 3 2.1 Overview ............................................................................................................... 3 2.2 Project Planning Schedules................................................................................... 4 2.2.1 Section 16 Order ............................................................................. 6 2.2.2 Walnut Lane Extension MCEA Schedule ........................................ 7 2.3 Public Review of Environmental Study Report and Next Steps ............................ 7 3. Planning Context ............................................................................ 10 3.1 Provincial Planning Context ................................................................................ 10 3.1.1 Provincial Policy Statement ........................................................... 10 3.1.2 A Place to Grow: Growth Plan for the Greater Golden Horseshoe ..................................................................................... 10 3.2 Regional Planning Context .................................................................................. 11 3.2.1 Durham Region Official Plan ......................................................... 11 3.2.2 Durham Region Transportation Master Plan ................................. 12 3.2.3 Toronto and Region Conservation Authority Policies .................... 13 3.2.4 Approved Source Protection Plan: Credit Valley-Toronto and Region-Central Lake Ontario Source Protection Region ............... 14 3.3 Local Planning Context ....................................................................................... 15 3.3.1 City of Pickering Official Plan ........................................................ 15 3.3.1.1 Pickering Official Plan Amendment 26, City Centre Plan .......... 17 3.3.2 City of Pickering Integrated Transportation Master Plan Study ............................................................................................. 18 3.3.3 Kingston Road Corridor and Specialty Retailing Node Intensification Plan ........................................................................ 18 4. Existing Conditions ........................................................................ 20 4.1 Transportation and Traffic ................................................................................... 20 4.1.1 Existing Road Network .................................................................. 20 4.1.2 Existing Transit Services ............................................................... 20 4.1.3 Existing Cycling and Pedestrian Facilities ..................................... 22 4.1.4 Traffic Operations .......................................................................... 23 4.2 Engineering and Technical Environment ............................................................. 25 4.2.1 Road Geometry ............................................................................. 25 - 475 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 4.2.2 Existing Structures ........................................................................ 25 4.2.3 Cross-Section................................................................................ 25 4.2.4 Intersections .................................................................................. 25 4.2.4.1 Highway 401 E-N/S Ramp/ Liverpool Road /Commercial Entrance .................................................................................... 25 4.2.4.2 Walnut Lane and Kingston Road ............................................... 26 4.2.5 Private Entrances .......................................................................... 26 4.2.6 Municipal Services and Utilities ..................................................... 26 4.2.7 Roadway Drainage ........................................................................ 26 4.2.8 Geotechnical ................................................................................. 27 4.3 Natural Environment ............................................................................................ 27 4.3.1 Aquatic Ecosystems ...................................................................... 27 4.3.1.1 Methods ..................................................................................... 27 4.3.1.2 Results ....................................................................................... 27 4.3.1.2.1 Upstream Habitat Assessment .......................................... 27 4.3.1.2.2 Downstream Habitat Assessment ...................................... 28 4.3.2 Terrestrial Ecosystems and Wildlife .............................................. 29 4.3.2.1 Methods ..................................................................................... 29 4.3.2.2 Results ....................................................................................... 29 4.3.2.2.1 Vegetation Communities and Flora .................................... 29 4.3.2.2.2 Wetlands ............................................................................ 32 4.3.2.2.3 Tree Inventory .................................................................... 33 4.3.2.2.4 Breeding Birds .................................................................... 34 4.3.2.2.5 Other Wildlife ...................................................................... 35 4.3.3 Species at Risk ............................................................................. 36 4.3.3.1 Methods ..................................................................................... 36 4.3.3.2 Results ....................................................................................... 36 4.3.4 Significant Wildlife Habitat ............................................................. 38 4.3.4.1 Methods ..................................................................................... 38 4.3.4.2 Results ....................................................................................... 39 4.3.5 Assessment of Significance .......................................................... 39 4.3.5.1 Fish Habitat ............................................................................... 39 4.3.5.2 Habitat of Endangered and Threatened Species ...................... 39 4.3.5.3 Significant Wetlands and Significant Coastal Wetlands ............ 39 4.3.5.4 Significant Woodlands ............................................................... 41 4.3.5.5 Significant Valleylands ............................................................... 41 4.3.5.6 Significant Wildlife Habitat ......................................................... 41 4.3.5.7 Significant Areas of Natural and Scientific Areas ...................... 41 4.3.5.8 Municipally Recognized Features and Species ......................... 41 4.3.6 Fluvial Geomorphology ................................................................. 41 4.3.6.1 Methods ..................................................................................... 41 4.3.6.2 Results ....................................................................................... 42 4.3.7 Hydraulic Assessment ................................................................... 43 4.3.8 Stormwater .................................................................................... 44 4.4 Socio-Economic Environment ............................................................................. 45 4.4.1 Existing Land Use ......................................................................... 45 4.4.2 Proposed or Planned Development .............................................. 46 - 476 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 4.4.3 Planned Infrastructure Improvements ........................................... 46 4.4.4 Noise ............................................................................................. 47 4.4.5 Air Quality ..................................................................................... 48 4.4.5.1 Land Use and Sensitive Receptors ........................................... 49 4.4.5.2 Vehicular Air Emissions ............................................................. 51 4.5 Cultural Environment ........................................................................................... 51 4.5.1 Archaeological Resources ............................................................ 51 4.5.2 Built Heritage Resources and Cultural Heritage Landscapes ....... 52 5. Phase 1: Problem / Opportunity Statement .................................. 53 5.1 Project Need and Justification ............................................................................. 53 5.2 Problem and Opportunity Statement ................................................................... 53 6. Phase 2: Alternative Solutions ...................................................... 55 6.1 Identification of Alternatives ................................................................................ 55 6.1.1 Do Nothing .................................................................................... 55 6.1.2 Operational Improvements ............................................................ 55 6.1.3 Extend Walnut Lane Easterly to Liverpool Road ........................... 55 6.1.4 Widen or Extend Alternative Routes ............................................. 55 6.1.5 Travel Demand Management ........................................................ 56 6.1.6 Limit Growth .................................................................................. 56 6.2 Evaluation Framework and Criteria ..................................................................... 56 6.3 Evaluation of Alternative Planning Solutions ....................................................... 58 6.4 Summary of Evaluation of Alternative Solutions and Selection of a Preferred Solution ............................................................................................... 63 7. Phase 3: Alternative Design Concepts ......................................... 64 7.1 Generation of Alternative Design Concepts ........................................................ 64 7.1.1 Road Alignments ........................................................................... 64 7.1.2 Pine Creek Crossing Span Widths ................................................ 64 7.2 Evaluation Framework and Criteria ..................................................................... 66 7.3 Evaluation of Alternative Design Concepts ......................................................... 67 7.4 Summary of Evaluation and Alternative Design Concepts Selection of a Recommended (Preferred) Alternative Design Concept ..................................... 74 7.4.1 Road Alignments ........................................................................... 74 7.4.2 Pine Creek Crossing Span Widths ................................................ 74 8. Project Description ......................................................................... 75 8.1 Design Criteria ..................................................................................................... 75 8.2 Road Geometry ................................................................................................... 80 8.2.1 Horizontal Alignment ..................................................................... 80 8.2.2 Vertical Alignment ......................................................................... 80 8.3 Recommended Cross-sections ........................................................................... 80 8.3.1 Road Platform ............................................................................... 80 - 477 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 8.3.2 Bridge Structure ............................................................................ 82 8.4 Intersections ........................................................................................................ 82 8.4.1 Walnut Lane and Liverpool Road .................................................. 82 8.4.2 Walnut Lane and Kingston Road................................................... 82 8.4.3 Walnut Lane and Pickering Parkway (Future) ............................... 82 8.5 Road Safety ......................................................................................................... 83 8.6 Preliminary Traffic Calming Plan ......................................................................... 83 8.7 Cycling and Pedestrian Facilities......................................................................... 86 8.8 Transit Operations ............................................................................................... 86 8.9 Drainage and Stormwater Management.............................................................. 86 8.10 Illumination and Traffic Signals............................................................................ 86 8.11 Accesses ............................................................................................................. 86 8.12 Municipal Services and Utilities ........................................................................... 87 8.13 Geotechnical Features and Pavement Structures ............................................... 87 8.14 Loblaws Retaining Wall ....................................................................................... 87 8.15 Property Requirements ....................................................................................... 88 8.16 Preliminary Construction Cost Estimate .............................................................. 88 8.17 Implementation Schedule .................................................................................... 88 8.18 Preliminary Land Use and Phasing Plan ............................................................. 88 9. Potential Environmental Effects, Mitigation Measures and Monitoring ....................................................................................... 89 9.1 Transportation and Traffic ................................................................................... 89 9.1.1 Street Network .............................................................................. 89 9.1.1.1 Potential Construction Effects ................................................... 89 9.1.1.2 Potential Operation Effects ........................................................ 90 9.1.1.3 Mitigation Measures and Monitoring .......................................... 90 9.1.2 Transit Network ............................................................................. 90 9.1.2.1 Potential Construction Effects ................................................... 90 9.1.2.2 Potential Operation and Maintenance Effects ........................... 91 9.1.2.3 Mitigation Measures and Monitoring .......................................... 91 9.1.3 Active Transportation .................................................................... 91 9.1.3.1 Potential Construction Effects ................................................... 91 9.1.3.2 Potential Operation and Maintenance Effects ........................... 91 9.1.3.3 Mitigation Measures and Monitoring .......................................... 91 9.2 Technical and Engineering .................................................................................. 92 9.2.1 Servicing and Utilities .................................................................... 92 9.2.1.1 Construction Effects .................................................................. 92 9.2.1.2 Potential Operation and Maintenance Effects ........................... 92 9.2.1.3 Mitigation Measures and Monitoring .......................................... 92 9.3 Natural Environment ............................................................................................ 93 9.3.1 Upland Vegetation Cover and Designated Natural Heritage Features ........................................................................................ 93 9.3.1.1 Potential Construction Effects ................................................... 93 9.3.1.2 Potential Operation Effects ........................................................ 93 - 478 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 9.3.1.3 Mitigation Measures and Monitoring .......................................... 93 9.3.2 Provincially Significant Wetland .................................................... 95 9.3.2.1 Potential Construction Effects ................................................... 95 9.3.2.2 Potential Operation Effects ........................................................ 95 9.3.2.3 Mitigation Measures and Monitoring .......................................... 95 9.3.3 Watercourse .................................................................................. 98 9.3.3.1 Potential Construction Effects ................................................... 98 9.3.3.2 Potential Operation Effects ........................................................ 98 9.3.3.3 Mitigation Measures and Monitoring .......................................... 98 9.3.4 Breeding Birds............................................................................. 100 9.3.4.1 Potential Construction Effects ................................................. 100 9.3.4.2 Potential Operation Effects ...................................................... 100 9.3.4.3 Mitigation Measures and Monitoring ........................................ 100 9.3.5 Species at Risk ........................................................................... 101 9.3.5.1 Potential Construction Effects ................................................. 101 9.3.5.2 Potential Operation Effects ...................................................... 102 9.3.5.3 Mitigation Measures and Monitoring ........................................ 102 9.3.6 Wildlife and Wildlife Habitat ......................................................... 103 9.3.6.1 Potential Construction Effects ................................................. 103 9.3.6.2 Potential Operation Effects ...................................................... 103 9.3.6.3 Mitigation Measures and Monitoring ........................................ 103 9.3.7 Net Effects Assessment .............................................................. 104 9.3.8 Fluvial Geomorphology - Crossing Design .................................. 106 9.3.8.1 Potential Construction Effects ................................................. 106 9.3.8.2 Potential Operation and Maintenance Effects ......................... 106 9.3.8.3 Mitigation Measures and Monitoring ........................................ 106 9.3.9 Drainage and Stormwater Management ..................................... 108 9.3.9.1 Potential Construction Effects ................................................. 108 9.3.9.2 Potential Operation and Maintenance Effects ......................... 108 9.3.9.3 Mitigation Measures and Monitoring ........................................ 108 9.3.10 Groundwater ............................................................................... 109 9.3.10.1 Construction Effects ................................................................ 109 9.3.10.2 Operation and Maintenance Effects ........................................ 109 9.3.10.3 Mitigation Measures and Monitoring ........................................ 109 9.3.11 Source Water Protection ............................................................. 109 9.3.11.1 Construction Effects ................................................................ 109 9.3.11.2 Operation and Maintenance Effects ........................................ 109 9.3.11.3 Mitigation Measures and Monitoring ........................................ 109 9.4 Socio-Economic Environment ........................................................................... 110 9.4.1 Noise ........................................................................................... 110 9.4.1.1 Potential Construction Effects ................................................. 110 9.4.1.2 Potential Operation and Maintenance Effects ......................... 110 9.4.1.3 Mitigation Measures and Monitoring ........................................ 110 9.4.2 Air Quality ................................................................................... 111 9.4.2.1 Potential Construction Effects ................................................. 111 9.4.2.2 Potential Operation and Maintenance Effects ......................... 111 9.4.2.3 Mitigation Measures and Monitoring ........................................ 113 - 479 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 9.4.3 Property ...................................................................................... 114 9.4.3.1 Potential Construction Effects ................................................. 114 9.4.3.2 Potential Operation and Maintenance Effects ......................... 114 9.4.3.3 Mitigation Measures and Monitoring ........................................ 114 9.4.4 Operation of Businesses and Institutions, including Access ....... 114 9.4.4.1 Potential Construction Effects ................................................. 114 9.4.4.2 Potential Operation and Maintenance Effects ......................... 115 9.4.4.3 Mitigation Measures and Monitoring ........................................ 115 9.4.5 Proposed or Planned Development/Infrastructure Improvements ............................................................................. 115 9.4.5.1 Potential Construction Effects ................................................. 115 9.4.5.2 Potential Operation and Maintenance Effects ......................... 115 9.4.5.3 Mitigation Measures and Monitoring ........................................ 116 9.4.6 Aesthetics and Property Use ....................................................... 116 9.4.6.1 Potential Construction Effects ................................................. 116 9.4.6.2 Potential Operation and Maintenance Effects ......................... 116 9.4.6.3 Mitigation Measures and Monitoring ........................................ 116 9.4.7 Climate Change .......................................................................... 116 9.4.7.1 Potential Construction Effects ................................................. 117 9.4.7.2 Potential Operation and Maintenance Effects ......................... 117 9.4.7.3 Mitigation Measures ................................................................ 117 9.5 Cultural Environment ......................................................................................... 118 9.5.1 Archaeology ................................................................................ 118 9.5.1.1 Potential Construction Effects ................................................. 118 9.5.1.2 Potential Operation and Maintenance Effects ......................... 118 9.5.1.3 Mitigation Measures and Monitoring ........................................ 118 9.5.2 Built Heritage Resources and Cultural Heritage Landscapes ..... 119 9.5.2.1 Potential Construction Effects ................................................. 119 9.5.2.2 Potential Operation and Maintenance Effects ......................... 119 9.5.2.3 Mitigation Measures and Monitoring ........................................ 119 9.6 Cumulative Effects ............................................................................................ 119 10. Future Commitments .................................................................... 120 10.1 Change in Project or Environment..................................................................... 120 10.2 Lapse of Time .................................................................................................... 120 10.3 Commitments .................................................................................................... 120 10.3.1 Future Work ................................................................................ 120 10.3.2 Toronto and Region Conservation Authority Commitments ........ 123 10.4 Permits and Approvals ...................................................................................... 125 11. Consultation Summary ................................................................. 127 11.1 Notifications ....................................................................................................... 127 11.1.1 Notice of Commencement ........................................................... 127 11.1.2 Notice of Public Information Centre 1 .......................................... 127 11.1.3 Notice of Public Information Centre 2 .......................................... 127 11.1.4 Notice of Completion ................................................................... 128 - 480 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 11.2 Public Consultation ............................................................................................ 128 11.2.1 Public Information Centre 1 ......................................................... 128 11.2.2 Public Information Centre 2 ......................................................... 129 11.3 Agency and Stakeholder Consultation .............................................................. 130 11.4 Indigenous Communities Consultation .............................................................. 141 12. Conclusion and Next Steps ......................................................... 143 12.1 Confirmation of Preferred Solution and Design Concept ................................... 143 12.2 Conclusions and Recommendations ................................................................. 143 Figures Figure 1-1: Study Area ................................................................................................. 2 Figure 2-1: Municipal Class Environmental Assessment Planning and Design Process ...................................................................................................... 5 Figure 3-1: OP Amendment 26 .................................................................................. 19 Figure 4-1: Natural Environment Field Investigation Results (a-b) ............................. 30 Figure 4-2: Pine Creek Historical Water Course Alignments for (a) Sub-reach PC-3a-1, (b) Subreach PC-3a-2 and (c) Sub-reach PC-3a-3 ................... 43 Figure 4-3: Schedule I, City of Pickering OP (Edition 8) ............................................. 45 Figure 4-4: Location of Sensitive and Critical Receptors ............................................ 50 Figure 6-1: Phase 2 Evaluation Rating System .......................................................... 58 Figure 7-1: Alternative Design Concepts .................................................................... 65 Figure 7-2: Phase 3 Evaluation Rating System .......................................................... 67 Figure 8-1: Simplified Preliminary Preferred Design Concept (a to d) ........................ 76 Figure 8-2: Typical Cross-section ............................................................................... 81 Figure 8-3: Preliminary Proposed Traffic Calming Measures ..................................... 84 Tables Table 4-1: Existing Transit Routes ............................................................................ 21 Table 4-2: Pedestrian and Cyclist Facilities within the Study Area in the Existing Conditions .................................................................................. 23 Table 4-3: Summary of Traffic Operations and Queuing Analysis at the Study Area Intersections in the Existing Conditions during the PM Peak Hour ......................................................................................................... 24 Table 4-4: Preliminary Tree inventory Species Composition and Abundance .......... 33 Table 4-5: Incidental Wildlife Observations ............................................................... 35 Table 4-6: SAR and SOCC Records in the Vicinity of the Study Area ...................... 37 - 481 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report Table 4-7: SWH Assessment Results ....................................................................... 40 Table 4-8: Identified Critical Receptors within Air Quality Study Area ....................... 49 Table 6-1: Phase 2 Evaluation Criteria ..................................................................... 57 Table 6-2: Phase 2 Evaluation of Alternatives .......................................................... 59 Table 7-1: Phase 3 Evaluation Criteria – Road Alignments ...................................... 66 Table 7-2: Phase 3 Evaluation Criteria – Pine Creek Crossing Span Widths ........... 67 Table 7-3: Evaluation of Road Alignments ................................................................ 68 Table 7-4: Evaluation of Pine Creek Crossing Span Widths ..................................... 72 Table 8-1: Design Criteria ......................................................................................... 75 Table 9-1: Net Effects Assessment ......................................................................... 105 Table 9-2: Future Traffic Data within the Air Quality Study Area ............................. 112 Table 10-1: Commitments to Future Work ................................................................ 121 Table 10-2: Anticipated Permits and Approvals ........................................................ 126 Table 11-1: Agency and Stakeholder Correspondence – MCEA Phases 1, 2 and 3 ...................................................................................................... 131 Table 11-2: Agency and Stakeholder Meetings – MCEA Phases 1, 2 and 3 ............ 137 Table 11-3: Indigenous Community Correspondence – MCEA Phases 1, 2 and 3 ...................................................................................................... 142 Appendices Appendix A. Need and Justification Assessment and Identification of Preferred Alternative Report Appendix B. Scoped Environmental Impact Study Report Appendix C. Fluvial Geomorphology Assessment Report Appendix D. Hydraulic Assessment Memorandum Appendix E. Air Quality Qualitative Assessment Memorandum Appendix F. Stage 1 Archaeological Assessment Report Appendix G. Cultural Heritage Memorandum Appendix H. Drawings Appendix I. Preliminary Construction Cost Estimate Appendix J. Public Consultation Record Appendix K. Stakeholder and Agency Consultation Record Appendix L. Indigenous Communities Consultation Record - 482 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 1 1. Introduction 1.1 Overview and Purpose of the Project The City of Pickering (the City) through their consultant AECOM Canada Ltd. (AECOM) has completed a Municipal Class Environmental Assessment (MCEA) study to extend Walnut Lane from the section presently constructed south of Kingston Road, eastward to Liverpool Road. The extension is required to service existing, approved, and proposed development in the City Centre and Liverpool neighbourhoods and will accommodate all modes of transportation. Potential structure alternatives over Pine Creek have also been considered. The Walnut Lane Extension from Kingston Road to Liverpool Road MCEA Study (hereafter the “Project” or “Walnut Lane Extension”) has been conducted in accordance with the Schedule "C" process under the Municipal Engineers Association’s, MCEA manual (October 2000, amended 2007, 2011 and 2015). The MCEA study examines a range of alternatives and identifies a preferred alignment and associated design for connecting Walnut Lane to Liverpool Road. The City of Pickering continues to grow and develop. The Growth Plan for the Greater Golden Horseshoe (2020) has designated Pickering’s City Centre as an Urban Growth Centre. An Urban Growth Centre is defined as mixed-use, high density and public oriented developments which are meant to become focal points. To accommodate growth in the City Centre Southwest Quadrant, changes are required to the existing transportation network. The purpose of this MCEA Study is to assess and identify a solution to service existing, approved, and proposed development in the City Centre and Liverpool neighbourhoods as part of a multimodal transportation system. The objectives for this MCEA Study include: ◼ Completing a traffic study to better understand the baseline conditions and to assess and establish the need for the project ◼ Completing a traffic calming memorandum to identify potential traffic calming measures to alleviate concerns of an increased level of traffic infiltration into Walnut Lane north of Kingston Road (i.e., short cutting) ◼ Conducting desktop and field investigations to establish the existing conditions of the Study Area ◼ Identifying and evaluating feasible alternative solutions for the Project to address the problem and opportunity statement ◼ Identifying and evaluation alternative design concepts for the Project and selecting the preferred design concept - 483 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 2 ◼ Describing all known and potential impacts of the Project and proposing the appropriate mitigation measures ◼ Consultation with the public, stakeholders, agencies, and Indigenous Communities to allow the sharing of ideas, exchanging of information, and developing the alternative solutions and design concepts ◼ Following MCEA documentation filing and clearance, proceeding to the detailed design phase of the Project 1.2 Study Area The Study Area encompasses the City Centre and Liverpool Neighbourhoods north of Highway 401 and is centred around the intersection of Kingston Road (Durham Region Highway 2) and Liverpool Road (RR #29). The existing section of Walnut Lane runs north- south between Glenanna Road and Kingston Road. The current Walnut Lane roadway is parallel to and located approximately 325 metres east of Dixie Road and 680 metres west of Liverpool Road. The approximate limits of the Study Area are as follows: Glenanna Road to the north and east, Highway 401 to the south and Dixie Road to the west. Refer to Figure 1-1 for an overview of the MCEA Study Area. 1.3 Project Team Organization This MCEA study has been undertaken as a collaborative effort between the City, Durham Region and AECOM Canada Ltd. (herein referred to as “AECOM”), General direction was provided by City representatives. Project Team meetings were held throughout the planning process. The City and AECOM Project Managers are identified below. City of Pickering ◼ Nadeem Zahoor, P.Eng., M.Eng. Transportation Engineer and City Project Manager City of Pickering One The Esplanade Pickering, ON L1V 6K7 905.420.4660 ext. 2213 nzahoor@pickering.ca AECOM Canada Ltd. ◼ Jon Newman, P.Eng. Project Manager AECOM Canada Ltd. 300 Water Street Whitby ON, L1N 9B6 905.215.1314 Jon.Newman@aecom.com ◼ Heather Nottbeck, P.Eng., M.Eng. Deputy Project Manager AECOM Canada Ltd. 300 Water Street Whitby ON, L1N 9B6 905.215.1314 Heather.Nottbeck@aecom.com - 484 - 2 Figure 1-1: Study Area - 485 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 3 2. Municipal Class Environmental Assessment Planning Process 2.1 Overview All municipalities in Ontario are subject to the provisions of the Ontario Environmental Assessment Act (EAA) and its requirements to prepare an Municipal Class Environmental Assessment (MCEA) for applicable public works projects. The Ontario Municipal Engineers Association (MEA) “Municipal Class Environmental Assessment” manual (October 2000, as amended in 2007, 2011 and 2015) provides municipalities with a phased planning procedure, to plan and undertake all municipal sewage, water, stormwater management and transportation projects that occur frequently, are usually limited in scale and have a predictable range of environmental impacts and applicable mitigation measures. In Ontario, infrastructure projects, including the Walnut Lane Extension, are subject to the MCEA process and must follow a series of mandatory steps as outlined in the MCEA MEA manual. The MCEA manual consists of five phases and the application of the phases depends on the MCEA Schedule that applies to a project. The phases are summarized below: ◼ Phase 1 – Problem or Opportunity: Identify the problems or opportunities to be addressed and the needs and justification. ◼ Phase 2 – Alternative Solutions: Identify alternative solutions to the problems or opportunities by taking into consideration the existing environment, and establish the preferred solution taking into account public and agency review and input. ◼ Phase 3 – Alternative Design Concepts for the Preferred Solution: Examine alternative methods of implementing the preferred solution based upon the existing environment, public and agency input, anticipated environmental effects and methods of minimizing negative effects and maximizing positive effects. ◼ Phase 4 – Environmental Study Report: Document in an Environmental Study Report (ESR), a summary of the rationale, planning, design and consultation process for the project as established through Phases 1 to 3 above and make such documentation available for scrutiny by review agencies and the public. ◼ Phase 5 – Implementation: Complete contract drawings and documents, proceed to construction and operation, and monitor construction for adherence to environmental provisions and commitments. Also, where special conditions dictate, monitor the operation of the completed facilities. - 486 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 4 All five phases of the MCEA process apply to this project as it falls under the Schedule C project category. The MCEA process ensures that all projects are carried out with effectiveness, efficiency, and fairness. The process serves as a mechanism for understanding economic, social, and environmental concerns while implementing improvements to municipal infrastructure. Figure 2-1 illustrates the planning and design process followed. 2.2 Project Planning Schedules The MCEA defines four types of projects and the processes required for each (referred to as Schedule A, A+, B, or C). The selection of the appropriate schedule is dependent on the anticipated level of environmental impact, and for some projects, the anticipated construction costs. Projects are categorized according to their environmental significance and their effects on the surrounding environment. . The following describes the MCEA planning schedules: ◼ Schedule A: Projects are limited in scale, have minimal adverse environmental effects and include a number of municipal maintenance and operational activities. These projects are pre-approved and may proceed to implementation without following the full MCEA planning process. ◼ Schedule A+: The purpose of Schedule A+ is to ensure appropriate public notification for certain projects that are pre-approved under the MCEA. It is appropriate to inform the public of municipal infrastructure project(s) being constructed or implemented in their area. ◼ Schedule B: Projects have the potential for some adverse environmental effects. The proponent is required to undertake a screening process (Phases 1 and 2), involving mandatory contact with directly affected public and with relevant review agencies to ensure that they are aware of the project and that their concerns are addressed. If there are no outstanding concerns, then the proponent may proceed to implementation. At the end of Phase 2, a Project File documenting the planning process followed through Phases 1 and 2 shall be finalized and made available for public and agency review. However, if a concern is raised related to aboriginal and treaty rights which cannot be resolved, a Section 16 Order (previously known as Part II Order requests) (Section 2.2.1) may be requested and considered by the Minister of the Environment, Parks and Conservation (MECP). Alternatively, the proponent may elect voluntarily to plan the project as a Schedule C undertaking. - 487 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 5 Figure 2-1: Municipal Class Environmental Assessment Planning and Design Process - 488 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 6 ◼ Schedule C: Projects have the potential for significant adverse environmental effects and must proceed under the full planning and documentation (Phases 1 to 4) procedures specified in the MCEA manual. Schedule C projects require that an Environmental Study Report (ESR) be prepared and filed for review by the public and review agencies. If concerns related to aboriginal and treaty rights are raised that cannot be resolved, then a Section 16 Order may be requested. The MCEA process ensures that all projects are carried out with effectiveness, efficiency, and fairness. This process serves as a mechanism for understanding economic, social, and environmental concerns while implementing improvements to municipal infrastructure. 2.2.1 Section 16 Order The Minister of the Environment, Conservation and Parks has the authority and discretion to make an Order under section 16 of the Environmental Assessment Act. A Section 16 Order may require that the proponent of a project going through a Class Environmental Assessment (Class EA) process: 1. Submit an application for approval of the project before they proceed. This is generally referred to as an Individual Environmental Assessment (individual EA) 2. Meet further conditions in addition to the conditions in the Class EA. This could include conditions for: ◼ further study ◼ monitoring ◼ consultation The minister can also refer a matter in relation to a section 16(6) Order request to mediation. If a Section 16 Order request is made, the project proponent cannot proceed with the project until the minister makes a decision on the request. If the minister makes a Section 16 Order, the proponent may only proceed with the project if they follow the conditions in the Order. You may ask the minister to make a Section 16(6) Order if: ◼ you have an outstanding concerns that a project going through a Class EA process may have a potential adverse impact on constitutionally protected Aboriginal and treaty rights ◼ you believe that an Order may prevent, mitigate or remedy this impact - 489 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 7 The procedure for making the Section 16 Order request is outlined in Section 2.3. Prior to making a Section 16(6) Order request, you should first try to resolve any concerns directly with the project proponent through the Class EA process. Please visit the ministry’s website for more information on requests for orders under Section 16 of the Environmental Assessment Act at: Click here for the Environmental Assessment Act Part II Order - Section 16. 2.2.2 Walnut Lane Extension MCEA Schedule This MCEA study was initially being conducted in accordance with the Schedule “B” planning process. Construction of a new road with a cost limit of less than $2.7M is considered a Schedule B undertaking while a Schedule C planning process is triggered if the cost exceeds $2.7M. The Project was upgraded to the Schedule "C" planning process prior to the initial Public Information Centre as a result of the higher cost (greater than $2.7M) associated with the Walnut Lane Extension, including Pine Creek crossing. 2.3 Public Review of Environmental Study Report and Next Steps Placement of the Environmental Study Report (ESR) for public review completes the planning stage of the study. The ESR is available for public review and comment for a period of 30 calendar days starting on [date] and ending on [date]. To facilitate public review of this document, an electronic version of the ESR is available on the City’s website. Interested persons may provide written comments to our project team by [DATE]. All comments and concerns should be sent directly to the Project Manager at the City of Pickering: ◼ Nadeem Zahoor, P.Eng., M. Eng. Transportation Engineer City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Telephone: 905.420.4660 extension 2213 nzahoor@pickering.ca In addition, a request may be made to the Ministry of the Environment, Conservation and Parks for an order requiring a higher level of study (i.e., requiring an individual/ - 490 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 8 comprehensive EA approval before being able to proceed), or that conditions be imposed (e.g., require further studies), only on the grounds that the requested order may prevent, mitigate or remedy adverse impacts on constitutionally protected Aboriginal and treaty rights. Requests on other grounds will not be considered. Requests should include the requester contact information and full name. Requests should specify what kind of order is being requested (request for conditions or a request for an individual/comprehensive environmental assessment), how an order may prevent, mitigate or remedy potential adverse impacts on Aboriginal and treaty rights, and any information in support of the statements in the request. This will ensure that the ministry is able to efficiently begin reviewing the request. The request should be sent in writing or by email to both: ◼ Minister of the Environment, Conservation and Parks Ministry of Environment, Conservation and Parks 777 Bay Street, 5th Floor Toronto, Ontario M7A 2J3 Click here to email the Minister of the Environment, Conservation and Parks ◼ Director, Environmental Assessment Branch Ministry of Environment, Conservation and Parks 135 St. Clair Avenue West, 1st Floor Toronto, Ontario M4V 1P5 Click here to email the Director of the Ministry of Environment, Conservation and Parks Requests should also be copied to the City of Pickering by mail or by e-mail to: ◼ Nadeem Zahoor, P. Eng., M. Eng. Transportation Engineer City of Pickering One The Esplanade Pickering, ON L1V 6K7 T. 905.420.4660 ext. 2213 nzahoor@pickering.ca Please visit the ministry’s website for more information on requests for orders under section 16 of the Environmental Assessment Act at: Click here for the Environmental Assessment Act Part II Order - Section 16. All personal information included in your request – such as name, address, telephone number and property location – is collected, under the authority of - 491 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 9 section 30 of the Environmental Assessment Act and is collected and maintained for the purpose of creating a record that is available to the general public. As this information is collected for the purpose of a public record, the protection of personal information provided in the Freedom of Information and Protection of Privacy Act (FIPPA) does not apply (s.37). Personal information you submit will become part of a public record that is available to the general public unless you request that your personal information remain confidential. - 492 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 10 3. Planning Context 3.1 Provincial Planning Context 3.1.1 Provincial Policy Statement The Provincial Policy Statement (PPS; 2020) sets the policy foundation for regulating the development and use of land and 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 includes a number of policies governing transportation systems, and transportation and infrastructure corridors. Relevance to Study: The key sections of policies relevant to the Project include: ◼ 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns ◼ 1.2 Co-ordination ◼ 1.6 Infrastructure and Public Service Facilities ◼ 2.1 Natural Heritage ◼ 2.2 Water ◼ 2.6 Cultural Heritage and Archaeology ◼ 3.0 Protecting Public Health and Safety Pursuant to Policy 1.6.7.1, transportation systems should facilitate the movement of people and goods in a safe and energy efficient manner to address projected needs. As the City continues to grow and develop, new transportation infrastructure is needed to address the existing, planned, and future development within the Study Area. As per Policy 1.6.7.2 and Policy 1.6.7.3, the Project aims to efficiently use this planned infrastructure while maintaining connectivity as part of a multi-modal transportation (vehicular, transit, pedestrian, cycling) system where possible. 3.1.2 A Place to Grow: Growth Plan for the Greater Golden Horseshoe A Place to Grow: Growth Plan for the Greater Gold Horseshoe (2020) provides a long- term framework which aims to manage growth, build complete communities, curb urban sprawl and protect the natural environment. A Place to Grow designates Pickering’s City Centre as an Urban Growth Centre. Section 2.2.3 describes how urban growth centres will be planned as focal points for accommodating population and employment growth. - 493 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 11 Pursuant to Section 2.2.3 of the Growth Plan, Pickering’s City Centre will be planned to achieve, by 2031 or earlier, a minimum density target of 200 residents and jobs combined per hectare. The Plan recognizes the continued revitalization of urban growth centres, such as Pickering’s City Centre, as meeting places, locations for cultural facilities, public institutions, and major services and transit hubs with the potential to become more vibrant, mixed-use, transit-supportive communities. Relevance to Study: The Study Area is partially located within Pickering’s City Centre/designated Urban Growth Centre. The proposed Walnut Lane extension supports the forecasted growth set out in the Growth Plan by opening up development of the parcel of land currently bound by Kingston Road (Highway 2), Highway 401, and Liverpool Road. 3.2 Regional Planning Context 3.2.1 Durham Region Official Plan The Regional Municipality of Durham’s Official Plan (ROP; Consolidation May 26, 2020) provides policy directions that establish the future development pattern of the Region to 2031. In 2019, the Region of Durham initiated “Envision Durham” – the Municipal Comprehensive Review of their ROP to establish a planning vision and framework for the Region to 2051. In accordance with the transportation system goals of the ROP, the transportation system in Durham Region is to be integrated, safe, efficient and reliable for all users and modes and offer a variety of mobility choices for all Durham residents. Relevance to Study: As per Schedule A – Map A4 (Regional Structure) of the ROP, the Study Area transects Living Areas, the Regional Centre and Urban Growth Centre of the Region’s Urban System. The majority of the Study Area is designated Regional Centre. The boundary of the Pickering Urban Growth Centre and the Regional Centre designations (referred to as the Pickering City Centre in the Pickering Official Plan) coincide with each other (i.e., are the same boundary) and are delineated in the Pickering Official Plan (refer to Section 3.3.1). Regional Centres are to be planned and developed as the main concentrations of urban activities, but generally at a smaller scale than Urban Growth Centres. They function as places of symbolic and physical interest for the residents and provide identity to the area municipalities within which they are located. Pickering City Centre is designated as an Urban Growth Centre. An Urban Growth Centre shall be planned as a focal area for institutional, region-wide public services, major office, commercial, recreational, cultural, entertainment, and residential uses, serving as major employment centres supporting - 494 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 12 higher-order transit services. The built form for the Urban Growth Centres should be a mix of predominantly high-rise development, with some mid-rise, as determined by area municipalities. Within the Study Area, Kingston Road north of the proposed road extension is designated as a Type B Arterial Road and Rapid Transit Spine in accordance with the ROP. Liverpool Road is a Type B Arterial and part of the High Frequency Bus Network in the ROP. Section 8 of the ROP outlines the goals for the Urban System, which includes the protection of key natural heritage or hydrologic features and functions from the impacts of urbanization. Schedule B – Map B1d (Greenbelt Natural Heritage System and Key Natural Heritage and Hydrologic Features) shows the area of Pine Creek is designated as Key Natural Heritage and Hydrologic Features. This study has completed a scoped Environmental Impact Study which assesses the significance of natural heritage features within the Study Area. ROP Schedule B – Map B2 (High Aquifer Vulnerability and Wellhead Protection Areas) delineates areas of high aquifer vulnerability and wellhead protection areas. The Study Area is located within a designated high aquifer vulnerability area, which has been considered as part of this study. 3.2.2 Durham Region Transportation Master Plan The Durham Region’s Transportation Master Plan (TMP; 2017) dictates the policies, programs and infrastructure improvements required to manage the Region’s multi- modal transportation needs to 2031 and beyond, as well as supports the land uses identified in the ROP. All modes of transportation, including walking, cycling, public transit, auto and goods movement, are considered in the TMP. Relevance to Study: The recommendations of the TMP (2017) with potential implications on the needs and justification assessment (Appendix A) for the Walnut Lane extension were considered as follows: ◼ Widening of the section of Liverpool Road (Regional Road 29) between Kingston Road and Highway 401 from 5 to 6 lanes between 2022 and 2026. Note that as per the latest version of the Region’s Capital Budget and Nine- Year Forecast for Regional Roads (dated 2022) that was available at the time of the preparation of the ESR, the anticipated timelines for the start of construction work for widening of Liverpool Road is 2025. ◼ Extension of the existing on-road cycling facilities along the section of Kingston Road between Glenanna Road and east of Walnut Lane both - 495 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 13 easterly and westerly along Kingston Road beyond 2028. Note that in the latest version of the Regional Cycling Plan (dated 2021) that was available at the time of the preparation of the ESR, the recommended on-road cycling facilities on the studied section of Kingston Road are defined as a Short-term Infill Project (2022 – 2029) and recommended to be in the form of “cycle tracks”. ◼ Provision of cycling facilities along the section of Pickering Parkway between Liverpool Road and Brock Road as well as the section of Liverpool Road between Highway 401 and Finch Avenue beyond 2028. Note that in the latest version of the Regional Cycling Plan (dated 2021) that was available at the time of the preparation of the ESR, the recommended cycling facilities on Pickering Parkway, east of Liverpool Road are “buffered cycle lanes” and categorized as a Long-term Project (2031 and beyond) whereas the recommended cycling facility on the studied section of Liverpool Road (between Highway 401 and Kington Road) is an “in-boulevard multi-use pathway” and categorized as a Short-term Capital Project (2022 – 2029). ◼ In the near term, the studied section of Kingston Road (i.e., between east of Liverpool Road and west of Walnut Lane) would continue to carry Bus Rapid Transit (BRT) on dedicated curb lanes. Over time, the studied section of Kingston Road would see the existing centre median replaced with dedicated BRT lanes and transit platforms. As per the most recent information available from the Metrolinx website at the time of the preparation of the ESR, the anticipated timelines for provision of the dedicated median BRT lanes on the studied section of Kingston Road is 2022 – 2025. 3.2.3 Toronto and Region Conservation Authority Policies The Study Area is located within an area regulated by the TRCA under Section 28 of the Conservation Authorities Act (1998). These “Regulated Areas” are established where development could be subject to flooding, erosion or dynamic beaches, or where interference with wetlands and alterations to shorelines and watercourses might have an adverse effect on those environmental features. Relevance to Study: the Study Area falls within the TRCA regulation limits. As such, any proposed development application will require review and input from the TRCA. The Study Area contains small features, such as wetlands and a watercourse, regulated by the Ontario Conservation Authorities Act, with its implementation falling under the TRCA’s local O. Reg. 166/06. - 496 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 14 The completion of the EIS for the Project is required to demonstrate that there will be no significant negative impacts to the Natural Heritage Features present within the TRCA regulated lands that fall within the Study Area. Wetlands identified within the Study Area were small in area (1.0 hectares) but were identified as qualifying to be included as part of the Frenchman’s Bay Coastal PSW. As such, they meet the criteria for Provincial or Local Significance. The EIS is required in order to obtain a permit from the TRCA. 3.2.4 Approved Source Protection Plan: Credit Valley-Toronto and Region-Central Lake Ontario Source Protection Region Section A.2.10.6 of the MEA MCEA manual directs proponents, including the City, to consider Source Water Protection (SWP) in the context of the Clean Water Act, 2006 (CWA). Projects proposed within a vulnerable area are required to consider policies in the applicable source protection plan (SPP), including their impact with respect to the project. A Watershed-based SPP contains policies to reduce existing and future threats to drinking water in order to safeguard human health through addressing activities that have the potential to impact municipal drinking water systems. The CTC Source Protection Region encompasses three areas: Credit Valley, Toronto and Region, and Central Lake Ontario. The Study Area is located in the Toronto and Region Source Protection Area (TRSPA). The applicable SPP for the Study Area is the Approved Source Protection Plan: Credit Valley-Toronto and Region-Central Lake Ontario Source Protection Region. The approved updated assessment report for the TRSPA identifies the location and nature of threats to sources of municipal drinking water. The TRSPA identifies the following vulnerable areas: ◼ Wellhead protection area (WHPA) ◼ Intake protection zone (IPZ) ◼ Event Based Area ◼ Significant groundwater recharge area (SGRA) ◼ Highly vulnerable aquifers (HVA) Relevance to Study: The Study Area transects a Highly Vulnerable Aquifer (HVA) with a vulnerability score of 6. An HVA can be easily affected by contamination from human activities and natural processes as a result of its intrinsic susceptibility (as a function of the thickness and permeability of overlaying layers), or by preferential pathways to the aquifer. - 497 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 15 The TRSPA assessment report defines a HVA as an aquifer that can be easily changed or affected by contamination from both human activities and natural processes as a result of its intrinsic susceptibility as a function of the thickness and permeability of overlaying layers or by preferential pathways to the aquifer. The Study Area is not located within an IPZ, SGRA, or WHPA. 3.3 Local Planning Context 3.3.1 City of Pickering Official Plan The City of Pickering Official Plan (OP; Edition 8) was originally adopted by council in 1997. The OP details the City’s long-term growth and development vision through a framework of land use policies and schedules. The City’s OP sets out a vision for its urban areas of land use pattern that supports a compact urban form, active transportation, placemaking, public transit, and energy conservation. The City is currently conducting a review of the OP, and it is being updated through a series of individual amendments. Relevance to Study: Conformity with the City’s OP was a criterion in the evaluation of the MCEA phase 2 alternatives. The following key chapters of the OP are applicable to this study: ◼ Chapter 1 – The Guiding Principles ◼ Chapter 2 – The Planning Framework ◼ Chapter 3 – Land Use ◼ Chapter 4 – Transportation ◼ Chapter 8 – Cultural Heritage ◼ Chapter 10 – Resource Management ◼ Chapter 12 – Neighbourhoods and Settlements Part 2 of the OP provides the strategic framework of policies. Chapter 3 contains the land use strategy that is applicable to the Study Area. The portion of the Study Area to the west of Pine Creek is designated Mixed Corridors under the primary land use category of Mixed-Use Areas. East of Pine Creek is designated City Centre under the primary land use category of Mixed-Use Areas. The area immediately surrounding Pine Creek is designated Natural Areas under the primary land use category of Open Space System. North of Kingston Road, the Study Area is designated primarily as Low-Density Area under the primary land use category of Urban Residential Areas. - 498 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 16 Chapter 4 dictates the City’s transportation policies. The City’s transportation policies encourage a well-connected network of corridors (roads, rails, sidewalks, trails, and bikeways) for people and goods movements that offers a range of travel choices, designed as desirable places to be, with Kingston Road as the City’s main street. The transportation policies also promote a gradual shift in focus from a predominantly east- west orientation, to both east-west and north-south orientations. Both Kingston Road and Liverpool Road are classified as Type B Arterial Roads, while Pickering Parkway is classified as a Type C Arterial Road. The existing Walnut Lane is currently classified as a Collector Road. The OP identifies a Type C Arterial Road that connects from the existing Walnut Lane to Pickering Parkway. As per Chapter 4, subsection 10 of the City’s OP, Type B and Type C Arterial Roads are described as follows: ◼ 4.10 (b) (ii): Type B Arterial Roads are designed to carry moderate volumes of traffic, at moderate speeds; within a municipality, have some access restrictions, and generally have a right-of-way width ranging from 30 to 36 meters; and, ◼ 4.10 (b) (iii): Type C Arterial Roads are designed to carry lower volumes of traffic, at slower speeds; provide access to properties; and generally, have a right-of-way width ranging from 26 to 30 meters. Part 3 of the OP provides general information for the Neighbourhoods and Settlements. The Study Area falls within the limits of Neighbourhood 8 (City Centre) and Neighbourhood 12 (Liverpool). The City Centre is located east of Pine Creek. The City Centre has the highest diversity and intensity of uses of all City neighbourhoods. Map 18: Neighbourhood 8: City Centre identifies a proposed new road connection from Kingston Road within the area of the Pine Creek crossing to Pickering Parkway. In regard to Pine Creek, Policy 12.10C states City Council: (e) in consultation with the Toronto and Region Conservation Authority, shall require the proponents of new development to assess the regulatory floodplain risks associated with lands proposed for redevelopment within the Krosno Creek and Pine Creek floodplains; and implement, where appropriate, a revised floodplain boundary for Krosno Creek and Pine Creek; and (f) in consultation with the Toronto and Region Conservation Authority, shall require the preparation of a plan to rehabilitate Pine Creek, to enhance the natural heritage features and to design, align and construct a multi-modal bridge across Pine Creek. - 499 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 17 Policy 12.10F concerning the City Centre Street Network and Design, indicates, among others, that City Council shall: (a) in accordance with the policies of Section 4.11, require the design of new streets and the design and extension of streets identified on Map 18: Neighbourhood 8: City Centre to have regard for the following: (i) be connected to existing streets, and have block lengths generally no longer than 150 metres and block depths generally not less than 60 metres to provide for full urban development potential over time; and (ii) be public or publicly accessible and constructed to public street design standards; and (b) require all new or re-designed streets to include a pedestrian zone generally no less than 2.0 metres on both sides. Policy 12.10H concerning the City Centre Pedestrian and Cycling Network indicates, among others, that City Council shall: (a) require the design of a pedestrian network to be a safe and visually interesting environment for pedestrians. Liverpool, also referred to in the OP as Neighbourhood 12, is located to the west of Pine Creek and captures the existing Walnut Lane community north of Kingston Road. As per the OP, the area south of Kingston Road consists of a mix of large format retailers, specialty retailers, automotive uses, offices and services including restaurants. North of Kingston Road consists of primarily low-density residential dwellings. Policy 12.14 states that City Council, among others shall: (a) recognize the proximity of low intensity development in the Liverpool Neighbourhood to the high intensity development in the Town Centre Neighbourhood and accordingly, shall consider the concerns of the nearby residents in Liverpool when preparing plans or development guidelines, and when considering development proposals, for lands in the Town Centre. The City has reviewed the concern of traffic infiltration for residents of Walnut Lane north of Kingston Road as a result of the proposed Walnut Lane extension. Refer to Section 8.6 and Appendix A for the traffic calming findings. 3.3.1.1 Pickering Official Plan Amendment 26, City Centre Plan On March 4, 2015 the Ontario Municipal Board approved the terms of settlement for the City Centre Official Plan Amendment 26 and approved the amendment with minor policy modifications. The amendment updated the land use map (Schedule A) to show lands - 500 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 18 immediately west of Pine Creek, east of Liverpool Road and north of Highway 401 as “City Centre” while lands west of Pine Creek, north of Highway 401 and over to Dixie Road as “Mixed Corridors”. The transportation system map (Schedule B as shown in Figure 3-1) was also updated to identify the Walnut Lane extension (from Liverpool Road to the current Walnut Lane terminus) as “Future Type C Arterial Road”. 3.3.2 City of Pickering Integrated Transportation Master Plan Study The City completed an Integrated Transportation Master Plan (ITMP) study in 2021. The ITMP is a strategic planning document which provides a framework and direction for the City’s transportation infrastructure needs. The ITMP has been informed by existing policies, such as the City’s OP. The results of the public engagement efforts led to development of the vision for the City’s ITMP: “a safe and well-connected transportation system that offers inclusive mobility, supports complete and sustainable communities, and facilities continued economic growth.” The City’s ITMP recommends providing “cycle tracks” on the Walnut Lane extension. This will be considered at detailed design that will consider plans for cycle tracks and/or multi use paths. 3.3.3 Kingston Road Corridor and Specialty Retailing Node Intensification Plan Kingston Road Corridor and Specialty Retailing Node Intensification Plan concluded in December 2019 with Council endorsement of the Intensification Plan for the area and draft Urban Design Guidelines. The City is in the process of drafting the Official Plan Amendment and Zoning By-law Amendment to implement the Plan. Relevance to Study: The noted plan identifies the Dixie Road Extension to Liverpool Road via the proposed Walnut Lane extension that terminates at Liverpool Road. There is no estimated timeline for the Dixie Road extension segment established through the study. The Plan also shows the extension terminating at the current Kingston Road/Walnut Lane intersection which can be developed as a gateway feature. - 501 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 19 Figure 3-1: OP Amendment 26 - 502 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 20 4. Existing Conditions 4.1 Transportation and Traffic 4.1.1 Existing Road Network The following summarizes the existing road network within the Study Area: ◼ Walnut Lane is a north-south collector roadway under the jurisdiction of the City with a posted speed of 40 kilometres per hour. It has a two-lane cross- section and connects Glenanna Road to Kingston Road, on the north side of Kingston Road, and provides driveway access to a private commercial development complex, on the south side of Kingston Road. ◼ Kingston Road is an east-west roadway under the jurisdiction of the Region with a posted speed of 60 kilometres per hour. It is designated as a Regional Corridor in the Durham ROP and an Arterial Type B. Within the Study Area, Kingston Road has a five-lane cross-section between Walnut Lane and the Loblaws driveway (including a centre two-way left-turn lane) and a six-lane cross-section between the noted driveway and Liverpool Road. The six-lane section for the most part includes a reserved bus lane (i.e., “bus only” lane) adjacent to a buffered bike lane on the curb side in both the eastbound and westbound directions of travel. ◼ Liverpool Road is a north-south roadway under the jurisdiction of the Region with a posted speed of 50 kilometres per hour. It has a four-lane cross-section in the existing conditions. As per the Durham ROP, it is designated as an Arterial Type B. ◼ Pickering Parkway is an east-west roadway under the jurisdiction of the City with a posted speed of 50 kilometres per hour. It has a four-lane cross-section connecting Liverpool Road to Brock Road and further east to Notion Road. As per the Durham ROP, it is designated as an Arterial Type C. ◼ Highway 401 Westbound Ramp (E-N/S Ramp) is a two-lane directional off- ramp. In the vicinity of Liverpool Road, it has a three-lane cross-section. It has a posted advisory speed of 70 kilometres per hour. There is a private driveway located directly across Liverpool Road from the Highway 401 westbound off-ramp. 4.1.2 Existing Transit Services The Study Area is connected to Scarborough, Ajax, Whitby, Oshawa, Port Perry, and the rest of the City via bus routes operated by Durham Region Transit (DRT). A brief description of the DRT bus routes within the Study Area as per the information obtained - 503 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 21 from the DRT website in January 2020 (which represents the latest pre-Covid pandemic information) is provided in Table 4-1. As per the information obtained from the GO website in January 2020, GO Transit Route #51 (Highway 407 Bus Terminal), #90 / #91 (Lake Shore East), and #92 (Oshawa / Yorkdale) buses also travel through but they have no stops within the Study Area. Table 4-1: Existing Transit Routes Route Number / Name Route Description, and Bus Stops within the Study Area Service Headway during Peak Periods Transit Agency #103 - Glenanna Operates between Pickering Parkway Terminal and Rouge Hill GO Station, generally in an East-West direction. Within the Study Area, Route #103 westbound buses have two stops; nearside on the east leg of the Intersection of Pickering Parkway and Liverpool Road and on the south leg of the intersection of Liverpool Road and Kingston Road. Route #103 eastbound buses have no stop within the Study Area. 25- to 30- minute DRT #110 - Finch West (Counter- Clockwise) Operates between Pickering Parkway Terminal and Pickering GO Station in a counter-clockwise loop route. It only operates during the AM and PM peak periods. Within the Study Area, Route #110 westbound buses have two stops; nearside on the east leg of the Intersection of Pickering Parkway and Liverpool Road and on the south leg of the intersection of Liverpool Road and Kingston Road. Route #110A / Finch West (Clockwise) buses have no stop within the Study Area. 30-minute DRT #111 - East Pickering (Counter- Clockwise) Operates in a counter-clockwise loop route which starts and ends at Pickering Parkway Terminal. Within the Study Area, Route #111 buses have numerous stops; nearside on the east leg of the intersection of Liverpool Road and Pickering Parkway, nearside on the south leg of the intersection of Kingston Road and Liverpool Road, far side on the east leg of the same intersection, nearside on the west leg of the intersection of Kingston Road and Walnut Lane, nearside on the west leg of the intersection of Kingston Road and Glendale Drive, and far side on the east leg of the intersection of Kingston Road and Liverpool Road. 25- to 30- minute DRT #111A - East Pickering (Clockwise) Operates in a clockwise loop route which starts and ends at Pickering Parkway Terminal. Within the Study Area, Route #111A buses have three stops; nearside on the east leg of the intersection of Liverpool Road and Pickering Parkway, far side on the west leg of the intersection of Kingston Road and Liverpool Road, far side on the west leg of the intersection of Kingston Road and Walnut Lane. 15- to 30- minute DRT - 504 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 22 Route Number / Name Route Description, and Bus Stops within the Study Area Service Headway during Peak Periods Transit Agency #223 - Bayly Connects Pickering Parkway Terminal, Pickering GO Station, Ajax GO Station, and residential neighbourhoods located to the east of Ajax GO Station in Town of Ajax. Within the Study Area, Route #223 westbound buses have three stops; nearside on the south leg of the intersection of Liverpool Road and Pickering Parkway, nearside on the south leg of the intersection of Liverpool Road and Kingston Road, and far side on the east leg of the same intersection. Route #223 eastbound buses have no stop within the Study Area. 30-minute DRT #603 - Pickering – Port Perry Operates between Pickering Parkway Terminal, Township of Uxbridge, and Township of Scugog. Within the Study Area, Route #603 northbound buses have three stops; nearside on the east leg of the intersection of Liverpool Road and Pickering Parkway, nearside on the south leg of the intersection of Kingston Road and Liverpool Road, far side on the east leg of the same intersection. Route #603 southbound buses have no stop within the Study Area. 60-minute DRT #900 - PULSE Operates on Kingston Road between the University of Toronto Scarborough Campus and Downtown Oshawa. Within the Study Area, Route #900 eastbound buses have two stops: nearside on the west leg of the intersection of Kingston Road and Walnut Lane and far side on the east leg of the intersection of Kingston Road and Liverpool Road. Route #900 westbound buses also have two stops; far side on the west leg of the intersection of Kingston Road and Liverpool Road and far side on the west leg of the intersection of Kingston Road and Walnut Lane. 10-minute DRT #916 - Rossland Operates between Pickering Parkway Terminal and Harmony Terminal in Oshawa. With the Study Area, Route #916 eastbound buses have three stops; nearside on the east leg of the intersection of Liverpool Road and Pickering Parkway, nearside on the south leg of the intersection of Liverpool Road and Kingston Road and far side on the east leg of the same intersection. Route #916 westbound buses have no stop within the Study Area. 15- to 20- minute DRT 4.1.3 Existing Cycling and Pedestrian Facilities Pedestrian and cycling facilities along the mid-block sections of the Study Area roadways are summarized in Table 4-2. The Study Area intersections have marked crosswalks allowing pedestrians to walk across all legs of the intersections with the exception of the south leg of the Highway 401 westbound off-ramp terminal on Liverpool Road. - 505 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 23 Table 4-2: Pedestrian and Cyclist Facilities within the Study Area in the Existing Conditions Road Mid-block Section Pedestrian Facility Cycling Facility Kingston Road Liverpool Road to Glendale Drive Pedestrian sidewalks on both sides. On-street buffered bike lanes in both directions of travel. Kingston Road Glendale Drive to the Loblaws Driveway Pedestrian sidewalk on the south side of Kingston Road. On-street buffered bike lanes in the eastbound direction of travel Kingston Road Loblaws Driveway to Walnut Lane Pedestrian sidewalk on the south side of Kingston Road. No cycling facility. Liverpool Road Kingston Road to Highway 401 E-N/S Ramp Pedestrian sidewalks on both sides. No cycling facility. Pickering Parkway Liverpool Road to the Pedestrian sidewalks on both sides. No cycling facility. Walnut Lane North of Kingston Road Pedestrian sidewalks on both sides. No cycling facility. Walnut Lane South of Kingston Road Pedestrian sidewalk on the west side of Walnut Lane. No cycling facility. 4.1.4 Traffic Operations Table 4-3 presents a summary of the traffic operations at the Study Area intersections and their respective measures of effectiveness; V/C ratio, average vehicle delay, and LOS from Synchro and 95th percentile queue lengths from SimTraffic. The “critical” movements are highlighted in orange in Table 4-3. Overall and at the intersection level, all the Study Area intersections operate at acceptable LOS C or better. The southbound left-turn movement at the intersection of Liverpool Road and Pickering Parkway as well as the westbound right-turn movement at the Highway 401 westbound off-ramp on Liverpool Road are operating at capacity with V/C ratio of 0.99. In addition, the following movements are approaching capacity: ◼ Eastbound through, westbound left-turn, and northbound left-turn movements at the intersection of Kingston Road and Liverpool Road ◼ Northbound through movement at the intersection of Liverpool Road and Pickering Parkway - 506 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 24 Table 4-3: Summary of Traffic Operations and Queuing Analysis at the Study Area Intersections in the Existing Conditions during the PM Peak Hour Intersection Movement V/C Ratio Delay LOS 95th Percentile Queue SimTraffic Available Storage Walnut Lane and Kingston Road (Signalized) EBL 0.14 6.6 A 18.4 metres 145.0 metres Walnut Lane and Kingston Road (Signalized) EBT 0.58 8.4 A 78.6 metres 290.0 metres Walnut Lane and Kingston Road (Signalized) EBR 0.02 1.1 A 15.1 metres 55.0 metres Walnut Lane and Kingston Road (Signalized) WBL 0.76 40.0 D 80.7 metres 100.0 metres Walnut Lane and Kingston Road (Signalized) WBTR 0.33 6.0 A 54.5 metres 645.0 metres Walnut Lane and Kingston Road (Signalized) NBL 0.38 38.7 D 29.0 metres 90.0 metres Walnut Lane and Kingston Road (Signalized) NBTR 0.61 65.6 D 32.5 metres 115.0 metres Walnut Lane and Kingston Road (Signalized) SBL 0.17 34.1 C 16.8 metres 25.0 metres Walnut Lane and Kingston Road (Signalized) SBTR 0.10 20.4 C 12.4 metres 160.0 metres Walnut Lane and Kingston Road (Signalized) Overall Intersection - 12.1 B - - Kingston Road and Liverpool Road (Signalized) EBL 0.54 21.5 C 69.0 metres 195.0 metres Kingston Road and Liverpool Road (Signalized) EBT 0.89 42.7 D 147.9 metres 645.0 metres Kingston Road and Liverpool Road (Signalized) EBR 0.56 14.2 B 37.9 metres 225.0 metres Kingston Road and Liverpool Road (Signalized) WBL 0.93 63.5 E 106.1 metres 180.0 metres Kingston Road and Liverpool Road (Signalized) WBT 0.42 26.0 C 66.6 metres 370.0 metres Kingston Road and Liverpool Road (Signalized) WBR 0.14 3.3 A 7.1 metres 100.0 metres Kingston Road and Liverpool Road (Signalized) NBL 0.89 49.9 D 232.8 metres 185.0 metres Kingston Road and Liverpool Road (Signalized) NBT 0.79 36.9 D 265.8 metres 225.0 metres Kingston Road and Liverpool Road (Signalized) NBR 0.51 12.1 B 69.3 metres 70.0 metres Kingston Road and Liverpool Road (Signalized) SBL 0.64 33.3 C 45.0 metres 75.0 metres Kingston Road and Liverpool Road (Signalized) SBT 0.50 30.7 C 68.5 metres 325.0 metres Kingston Road and Liverpool Road (Signalized) SBR 0.19 5.2 A 14.2 metres 75.0 metres Kingston Road and Liverpool Road (Signalized) Overall Intersection - 33.1 C - - Liverpool Road and Pickering Parkway (Signalized) EBL 0.51 48.0 D 36.4 metres 55.0 metres Liverpool Road and Pickering Parkway (Signalized) EBTR 0.46 19.8 B 32.3 metres 55.0 metres Liverpool Road and Pickering Parkway (Signalized) WBL 0.66 39.2 D 91.7 metres 60.0 metres Liverpool Road and Pickering Parkway (Signalized) WBT 0.21 32.7 C 28.2 metres 140.0 metres Liverpool Road and Pickering Parkway (Signalized) WBR 0.59 14.1 B 57.6 metres 70.0 metres Liverpool Road and Pickering Parkway (Signalized) NBL 0.50 21.2 C 92.9 metres 65.0 metres Liverpool Road and Pickering Parkway (Signalized) NBT 0.86 36.0 D 145.9 metres 120.0 metres Liverpool Road and Pickering Parkway (Signalized) NBR 0.58 4.9 A 119.9 metres 85.0 metres Liverpool Road and Pickering Parkway (Signalized) SBL 0.99 80.8 F 218.2 metres 185.0 metres Liverpool Road and Pickering Parkway (Signalized) SBT 0.57 25.4 C 204.1 metres 225.0 metres Liverpool Road and Pickering Parkway (Signalized) SBR 0.09 0.3 A 37.8 metres 45.0 metres Liverpool Road and Pickering Parkway (Signalized) Overall Intersection - 29.2 C - - Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) EBL 0.30 47.2 D 46.6 metres 60.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) EBR 0.17 1.5 A 15.8 metres 30.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) WBL 0.28 35.8 D 250.9 metres 380.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) WBLT 0.28 35.8 D 329.6 metres 380.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) WBR 0.99 71.0 E 178.9 metres 165.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) NBL 0.32 25.1 C 24.2 metres 50.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) NBT 0.72 20.0 B 51.7 metres 355.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) SBTR 0.72 19.9 C 116.3 metres 120.0 metres Liverpool Road and Highway 401 Westbound Off-Ramp (Signalized) Overall Intersection - 28.1 C - - - 507 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 25 In addition, for the following movements, the available storage is shorter than the estimated 95th percentile queue lengths from SimTraffic; thus, a potential for spillover of queues for the noted movements onto the adjacent lanes or upstream intersection: ◼ Northbound left-turn and northbound through movements at the intersection of Kingston Road and Liverpool Road ◼ Westbound left-turn, northbound left-turn, northbound through, northbound right-turn, and southbound left-turn movements at the intersection of Liverpool Road and Pickering Parkway ◼ Westbound right-turn movement at the Highway 401 westbound off-ramp terminal on Liverpool Road 4.2 Engineering and Technical Environment 4.2.1 Road Geometry The existing Walnut Lane roadway (north of Kingston Road) is a north/south local road that terminates at the signalized intersection of Kingston Road (Highway 2). South of Kingston Road, Walnut Lane is an access road/entrance into the commercial development parking lot. This existing section south of Kingston Road is part of the development and not owned by the City. The existing intersection of Highway 401 E-N/S Ramp/ Liverpool Road and an unofficial driveway to commercial properties, are at the east project limits. 4.2.2 Existing Structures There are no existing structures within the project limits with exception of the Kingston Road and Highway 401 Pine Creek culverts. 4.2.3 Cross-Section The existing Walnut Lane is a roadway with a two-lane urban cross-section (curb and gutter). South of Kingston Road, Walnut Lane is divided by a raised median island with interlock and vegetation. A wide sidewalk with planters and street parking, are located along the west side of Walnut Lane. There is no posted speed limit. 4.2.4 Intersections 4.2.4.1 Highway 401 E-N/S Ramp/ Liverpool Road /Commercial Entrance The existing intersection at Highway 401 E-N/S Ramp/Liverpool Road and Liverpool Road/Highway 401 off ramp is a signalized intersection with split phased signal timings - 508 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 26 for the off ramp and the unofficial commercial access road to 1786 - 1790 Liverpool Road. Liverpool Road has two northbound and two southbound through lanes. A Highway 401 westbound on-ramp develops immediately south of the intersection for southbound traffic. The Highway 401 E-N/S Ramp is a two lane off ramp with left, through and right turn lanes at the intersection of Liverpool Road. 4.2.4.2 Walnut Lane and Kingston Road The existing intersection at Walnut Lane and Kingston Road is an all moves signalized intersection. Kingston Road is a four-lane road with left lanes in the east and westbound directions, and a right turn lane in the westbound direction. Walnut Lane has left turn lanes in the northbound and southbound directions. 4.2.5 Private Entrances There are several parking lot entrances to the commercial and medical businesses from the Walnut Lane access road, south of Kingston Road. The unofficial entrance at Liverpool Road opposite the ramp terminal provides access to a parking lot for a restaurant and a bank. This current access from Liverpool Road opposite the Highway 401 westbound off-ramp is located within the Highway 401 Controlled Access Highway designation and is not sanctioned by the Ministry of Transportation. 4.2.6 Municipal Services and Utilities A 300 mm water main runs along the south side of Kingston Road and along the east side of Liverpool Road to Pickering Parkway. Connections to private property exist at Walnut Lane and Kingston Road, and Liverpool Road and Pickering Parkway. Storm sewers on Kingston Road run westerly from the intersection of Walnut Lane, and on Liverpool run southerly to Pickering Parkway. The current commercial development south of Walnut Lane, including Home Depot, Shopper’s Drug Mart, restaurants, medical buildings, etc., connect to storm sewers at the Kingston Road and Walnut Lane intersection. A 200 mm sanitary sewer runs along the south side of Kingston Road. A 600 mm sanitary sewer runs along the west side of Pine Creek to the 1050 mm sanitary sewer that runs along the north side of Highway 401. The current commercial development connects to sanitary at Kingston Road, west of Walnut Lane. 4.2.7 Roadway Drainage Roadway drainage on the existing section of Walnut Lane is conveyed via curb and gutter, with catch basins. - 509 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 27 4.2.8 Geotechnical The existing pavement structure on Walnut Lane south of Kingston Road is as follows: ◼ 30 mm HL3 Asphalt ◼ 70 mm HL8 Asphalt ◼ 150 mm Granular A ◼ 450 mm Granular B 4.3 Natural Environment 4.3.1 Aquatic Ecosystems 4.3.1.1 Methods Aquatic systems and the species which are known in the area were identified through: ◼ Background review of secondary sources ◼ Field investigations Refer to the Scoped Environmental Impact Study Report (Appendix B) for further information with regard to the background review, field investigation and methods. 4.3.1.2 Results 4.3.1.2.1 Upstream Habitat Assessment The upstream reach of Pine Creek was a permanent natural channel flowing from a concrete box culvert under Kingston Road to the downstream reach. Surrounding land use consisted of Kingston Road to the north, grasslands and the 1211 Kingston Road shopping centre to the west, grasslands to the south, and the 1192 Liverpool Road Loblaws shopping centre to the east. Channel morphology consisted of flats (98%), and a riffle (2%) located mid-reach. The mean wetted width of the flats was 3.82 metres and for the riffle was 1.34 metres. The mean wetted depth was 0.37 metres in the flats and 0.08 metres in the riffle. At bankfull, the mean flat width was 4.25 metres and 1.34 metres for the riffle. The mean bankfull depth in the flat was 0.42 metres and 0.08 metres in the riffle. Substrates within the flats consisted of silt (70%), clay (20%) and cobble (10%). Within the riffles, substrates consisted of gravel (80%), silt (10%), clay (5%) and cobble (5%). Banks were moderately unstable on both the left and right upstream banks throughout the upstream reach. Instream cover (35%) was provided by undercut banks (20%), instream woody debris (5%), overhanging woody debris (5%) and instream vascular macrophytes (5%). - 510 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 28 Canopy cover was moderate (50%) and consisted primarily of overhanging deciduous trees. Potential seasonal low-flow impediments to upstream fish movement were presented by a cobble bar within the mid-reach riffle and at the upstream box culvert under Kingston Road. Juvenile Leuciscid species were observed during AECOM’s site investigations. Garbage was also present throughout the upstream reach. The reach has the potential to provide general use fish habitat for feeding and rearing, which was generally non-limiting (i.e., common and present) throughout, except for potential fish spawning habitat that was limited only to the gravel substrates of the mid-reach riffle. 4.3.1.2.2 Downstream Habitat Assessment The downstream reach of Pine Creek was a permanent natural channel flowing from the upstream reach to a concrete box culvert under Highway 401. Surrounding land use consisted of Highway 401 to the south, grasslands to the east and west, and the 1192 Liverpool Road Loblaws shopping centre to the north. Channel morphology consisted of flats (70%) and several pools (30%). The mean wetted width was 4.5 metres for the flats and 5.2 metres for the pools. Wetted depths were 0.24 metres in the flats and 0.78 metres in the pools. The mean bankfull width of the flats was 4.5 metres and 5.6 metres for the pools. The mean bankfull depth was 0.24 metres for the flats and 0.82 metres for the pools. Substrates within the flats were comprised of cobble (60%), clay (30%) and gravel (10%), and within the pools, substrates were comprised of clay (70%), silt (25%) and cobble (5%). Banks were slightly unstable throughout the reach on both the left and right upstream banks with undercut banks throughout the reach. Instream cover (22%) was provided by undercut banks (15%), overhanging vascular macrophytes (5%) and overhanding woody debris (2%). Canopy cover was low (30%) and consisted primarily of overhanging deciduous trees, shrubs and herbaceous plants. At the time of assessment, the wetted depth within the downstream box culvert under Highway 401 was 0.06 metres, which presented the potential to pose a low-flow impediment to upstream fish movement during periods of seasonal low-flow. Abundant Phragmites sp., an invasive wetland plant species, was present in the downstream reach. Fish, Leuciscid species, were observed within the downstream reach during the aquatic habitat assessments. The downstream reach has the potential to provide general use fish habitat for feeding and rearing, which was generally non-limiting (i.e., common and present) throughout, except for potential fish spawning habitat that was limited only to the gravel substrates of the flats. - 511 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 29 4.3.2 Terrestrial Ecosystems and Wildlife 4.3.2.1 Methods The existing terrestrial and wildlife conditions were identified through: ◼ Background review of secondary sources ◼ Field investigations that consisted of: i) vegetation community delineation using Ecological Land Classification (ELC) guidelines, ii) a floral species inventory, iii) breeding bird surveys, and iv) preliminary tree inventory Refer to the Scoped Environmental Impact Study Report (Appendix B) for further information with regard to the background review, field investigation and methods. 4.3.2.2 Results 4.3.2.2.1 Vegetation Communities and Flora The Study Area has been significantly disturbed by past land uses and the influence of surrounding lands. It was likely previously cultivated for crops and/or used for livestock grazing and would have been mostly cleared of vegetation. It has since been allowed to succeed for the past few decades as adjacent lands were developed. The cultural communities note vegetation that has been substantially influenced by human land uses. Vegetation communities are mapped on Figure 4-1. Descriptions for each vegetation community are included in the Scoped Environmental Impact Study Report (Appendix B). Through the course of field investigations, 158 species of vascular plant species were encountered in the Study Area. Of these, 73 (46%) were non-native and the remaining 85 species (54%) were native, representing a high percentage of non-native species which attests to the disturbed condition and early successional stage of the vegetation communities. In addition, most of the dominant plant species on the Study Area were non-native including Manitoba Maple, Russian Olive, Scotch Pine, Siberian Elm and Common Reed. No provincially rare flora (S1, S2, S3) were encountered nor any Species at Risk (SAR). One plant species considered to be regionally rare in the Regional Municipality of Durham was encountered: Baltic Rush (Juncus balticus). A dense patch approximately 12 metres in diameter occurred within the meadow marsh on the west side of Pine Creek where shown on Figure 4-1. - 512 - 30 Figure 4-1: Natural Environment Field Investigation Results (a-b) - 513 - 31 - 514 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 32 4.3.2.2.2 Wetlands Wetland communities were known to be present within the Study Area but had not been previously evaluated. A portion of the Frenchman’s Bay Provincially Significant Wetland (PSW) is located within 600 metres (downstream) of the Study Area and is also designated as a candidate rea of Natural and Scientific Interest (ANSI). In support of this study, the wetland within the Study Area was delineated and evaluated in the context of the PSW within 750 metres to determine if it should be included as part of that wetland complex. In addition, an additional unevaluated wetland unit, situated on public lands between the Study Area and the main PSW, required the same assessment. The extent of the wetland within the Study Area is shown on Figure 4-1. It consists of two vegetation communities (MAM2 and MAMM1-12). The wetland units were adjacent to one another and together comprise a wetland area of approximately 1.0 hectares. There was no standing water in any of the wetlands except in part of the MAMM1-12 unit beside Highway 401 which was a ditch. There was also no evidence of areas that show seasonal flooding, although brief periods of flooding may occur during spring melt or heavy precipitation events when Pine Creek overflows its banks. Overall, the wetland within the Study Area was found to contain 78 species of vascular plants of which one, Baltic rush is regionally rare in the site district. The unevaluated wetland unit south of Highway 401 (between Bayly and Radom Streets) was 0.5 hectares in area situated 350 metres south of the onsite wetland. A total of 50 species of vascular plants were recorded in the wetland unit, none of which are provincially, regionally, or locally significant. Following the guidelines of the Ontario Wetland Evaluation System (OWES), it was concluded that the 1.0 hectare wetland unit within the Study Area qualifies to be included as part of the Frenchman’s Bay Coastal PSW for the following reasons: a) It is situated 600 metres (<750 metres) from the main contiguous part of the PSW b) It is situated 350 metres from the nearest wetland unit c) It is situated on a tributary of Lake Ontario <2 kilometres from Lake Ontario (750 metres from a bay connected to Lake Ontario) and therefore qualifies as a Great Lakes coastal wetland d) It supports one regionally rare plant species - 515 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 33 4.3.2.2.3 Tree Inventory A total of 390 trees were inventoried within the Study Area (Table 4-4). Of the surveyed trees: ◼ 98 were <10 cm Diameter at Breast Height (DBH) ◼ 248 were between 10 cm and 20 cm DBH ◼ 42 were between 20 cm and 30 cm DBH ◼ 2 were between 30 cm to 40 cm DBH When assessed for the current condition, the trees were predominantly categorized as being in Fair to Good condition with 262 and 89 individuals, respectively. Few tree individuals were assessed as being in Very Poor or Poor condition with one and 15 individuals, respectively. No individuals were assessed in Excellent condition. The full results of the preliminary tree inventory can be found in the field data sheets in Appendix H of the Scoped Environmental Impact Study Report (Appendix B). The Preliminary tree inventory species composition and abundance is presented in Table 3-5. Table 4-4: Preliminary Tree inventory Species Composition and Abundance Common Name Scientific Name Quantity Russian olive Elaeagnus angustifolia 131 Scots pine Pinus sylvestris 85 Manitoba maple Acer negundo 71 Siberian elm Ulmus pumila 43 Trembling aspen Populus tremuloides 31 Green ash Fraxinus pennsylvanica 14 Norway maple Acer platanoides 3 Eastern red cedar Juniperus virginiana 3 Silver maple Acer saccharinum 1 White birch Betula papyrifera 1 Common apple Malus pumila 1 Balsam poplar Populus balsamifera 1 Pin cherry Prunus pensylvanica 1 Crack willow Salix fragilis 1 Black willow Salix nigra 1 Willow species Salix spp. 1 American basswood Tilia americana 1 TOTAL - 390 - 516 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 34 Most plants within the Study Area were invasive species, including the four most abundant species (i.e., Russian olive, Scots pine, Manitoba maple and Siberian Elm), which accounted for more than 85% of individuals. 4.3.2.2.4 Breeding Birds When combining point count and area search survey results, 21 species of bird were observed within the Study Area, and another four observed as flyovers. Nine of the species were recorded on both the June 25 and July 4, 2018 visits to the Study Area, which are considered to be probable breeders. The second date was near the end of the breeding season when birds generally sing less than early in the season; as such, the remaining seven species documented on June 25 but not on July 4, 2018 were likely nesting within the Study Area on June 25, 2018, but were less vocal and not observable. A single adult Black-crowned Night-Heron (Nycticorax nycticorax) was flushed early on the July 4 visit from Pine Creek, near the culvert under Highway 401. This species is a provincially rare, colonial nesting species and is largely nocturnal. The nearest known colony is at Tommy Thompson Park approximately 30 kilometres to the southwest, which is where this individual bird may have been breeding; as such, it is unlikely this individual would have been nesting within the Study Area. A Belted Kingfisher (Megaceryle alcyon) was observed flying along Pine Creek in the south part of the Study Area on the July 4 visit. This species nests in steep earthen banks, often along creeks. No such suitable banks were present in the Study Area; therefore, it was likely foraging for fish along the creek. All the territorial bird species encountered are common, widespread species adapted to disturbed successional habitats of southern Ontario. None of the observed species were SAR, area sensitive or regionally significant, although the majority of species are protected under the MBCA, with the exception of Belted Kingfisher, Blue Jay (Cyanocitta cristata), European Starling (Sturnus vulgaris), Red-winged Blackbird (Agelaius phoeniceus), Common Grackle (Quiscalus quiscula) and House Sparrow (Passer domesticus). These results align with what would be expected based on the vegetation communities available within the Study Area, which are disturbed, with non- native plant species dominating in most communities; consequently, the habitat quality for wildlife is poor. Furthermore, the Study Area is small, positioned between high traffic roadways, parking lots, and commercial areas, and thus fragmented from other suitable supporting habitats. As a result, the breeding bird diversity is low, and lacking in sensitive species. - 517 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 35 4.3.2.2.5 Other Wildlife Other wildlife observed during field investigations are presented in Table 4-5. Table 4-5: Incidental Wildlife Observations Group Date Observed Common Name Scientific Name Notes Mammals N/A Eastern Gray Squirrel Sciurus carolinensis Within CUW1 Mammals June 25, 2018 Raccoon Procyon lotor Roadkill along north boundary of Study Area at Highway 2 Mammals June 25, 2018 White-tailed Deer Odocoileus virginianus Bedding evidence near Highway 2 Mammals January 9, 2019 American Beaver Castor canadensis Small dam on Pine Creek at south end of Study Area; evidence of tree felling, beaver trails Insects June 25, 2018 July 4, 2018 European Skipper Thymelicus lineola in CUM1 Insects June 25, 2018 Least Skipper Ancyloxypha numitor in MAM2 Insects June 25, 2018 Long Dash Polites mystic in MAM2 Insects June 25, 2018 Peck’s Skipper Polites peckius in MAM2 Insects June 25, 2018 Tawny-edged Skipper Polites themistocles in CUM1 Insects June 25, 2018 Little Wood Satyr Megisto cymela in CUW1 Insects June 25, 2018 Common Ringlet Coenonympha tullia in CUM1 Insects October 12, 2017 June 25, 2018 Monarch Danaus plexippus in CUM1 Insects June 25, 2018 July 4, 2018 Cabbage White Pieris rapae in CUM1 Insects June 25, 2018 Silvery Blue Glaucopsyche lygdamus in CUM1 Insects July 4, 2018 Common Wood- nymph Cercyonis pegala in CUM1 Insects July 4, 2018 Northern Pearly- eye Enodia anthedon in CUW1 Trees within the Study Area recorded during the preliminary tree inventory were generally assessed for suitability as bat maternity roost habitat following the Ministry of Northern Development, Mines, Natural Resources and Forestry (formerly MNRF) guidelines outlined in the Survey Protocol for Species at Risk Bats within Treed Habitats (MNRF 2017b) with respect to presence of suitable sized cavity trees. There were no - 518 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 36 cavity trees noted as part of the preliminary tree inventory. No reptile or amphibian species, or any evidence of their presence were encountered. A single Monarch (Danaus plexippus) was observed on October 12, 2017, and another on June 25, 2018 which is recognized as a species of Special Concern both federally and provincially. None of the other butterfly species were significant. 4.3.3 Species at Risk 4.3.3.1 Methods The Species at Risk (SAR) were identified through: ◼ Background review of available sources ◼ Aerial photo interpretation ◼ Field investigations Refer to the Scoped Environmental Impact Study Report (Appendix B) for further information with regard to the background review, field investigation and methods. 4.3.3.2 Results According to current records from the available sources, as well as correspondence with the Ministry of Northern Development, Mines, Natural Resources and Forestry and MECP, 27 SAR and SOCC were identified as having occurred within the vicinity of the Study Area. These species, their associated S-ranks, status under the ESA (2007), source of the record and year last observed, are shown in Table 4-6. MNRF Aurora District was contacted by letter on October 18, 2017 to obtain specific information on any SAR in relation to the Study Area. While no additional information was received, MNRF requested that four species of Endangered bats be considered as possibly occurring in the Study Area, which are listed in Table 4-6. The Butternut (Juglans cinerea), an Endangered tree species, was also considered since it is known to be widespread in Durham Region. Field investigations did not find evidence for the presence of any Endangered or Threatened species in the Study Area. Most of the SAR identified in Table 4-6 are birds, though none were encountered in-field during the 2018 breeding bird surveys. The Study Area contains only 3.7 hectares of cultural meadow. It is not anticipated that these cultural meadows provide breeding habitat for Bobolink and Eastern Meadowlark. No nests of Barn Swallows were present in the culverts along Pine Creek. - 519 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 37 Table 4-6: SAR and SOCC Records in the Vicinity of the Study Area Common Name Scientific Name S-Rank ESA Status Breeding Evidence Source Last Obs. Acadian Flycatcher Empidonax virescens S2S3B END Possible OBBA N/A Bank Swallow Riparia S4B THR Confirmed OBBA N/A Barn Swallow Hirundo rustica S4B THR Confirmed OBBA N/A Black Tern Chlidonias niger S3B SC N/A NHIC 1997 Bobolink Dolichonyx oryzivorus S4B THR Confirmed OBBA N/A Canada Warbler Cardellina canadensis S3B THR Possible OBBA N/A Chimney Swift Chaetura pelagica S4B,S4N THR Confirmed OBBA N/A Common Nighthawk Chordeiles minor S4B SC Probable OBBA N/A Eastern Meadowlark Sturnella magna S4B THR Confirmed OBBA N/A Eastern Wood-Pewee Contopus virens S4B SC Confirmed OBBA N/A Golden-winged Warbler Vermivora chrysoptera S4B SC Confirmed OBBA N/A Grasshopper Sparrow Ammodramus savannarum S4B SC Probable OBBA N/A Least Bittern Ixobrychus exilis S4B THR Possible NHIC, OBBA N/A Wood Thrush Hylocichla mustelina S4B SC Confirmed OBBA N/A Yellow-breasted Chat Icteria virens S2B END Probable OBBA 2005 Blanding’s Turtle Emydoidea blandingii S3 THR N/A ORAA 2015 Snapping Turtle Chelydra serpentina S3 SC N/A NHIC, ORAA 2017 Northern Map Turtle Graptemys geographica S3 SC N/A ORAA 2016 Eastern Ribbonsnake Thamnophis sauritus S4 SC N/A ORAA 1968 Monarch Danaus plexippus S4 SC N/A OBA 2015 Clamp-tipped Emerald Somatochlora tenebrosa S2S3 N/A N/A NHIC 1941 Little Brown Myotis Myotis lucifugus S4 END N/A MNRF N/A Eastern Small-footed Myotis Myotis leibii S2S3 END N/A MNRF N/A Northern Myotis Myotis septentrionalis S3 END N/A MNRF N/A Tri-colored Bat Perimyotis subflavus S3? END N/A MNRF N/A Butternut Juglans cinerea S2? END N/A MNRF N/A - 520 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 38 Background review indicated records of various reptile SAR, including Blanding’s Turtle (Emydoidea blandingii) and Northern Map Turtle (Graptemys geographica). Suitable supporting habitat within the Study Area for these two species is limited to association with Pine Creek; however, Blanding’s Turtle is not found in creeks, and Pine Creek is too small for Northern Map Turtle. Although Snapping Turtle was not incidentally observed during the field investigations, the creek may afford habitat for Snapping Turtle (Chelydra serpentina). Fish are present in the creek for foraging and the adjacent cultural meadow is suitable for Snapping Turtle nesting. However, if present, Snapping Turtles would likely need to move considerable distances up and down the creek. While moving north of the site to less suitable habitat is possible, it is unlikely that they would move through the very long culvert under Highway 401 from the more suitable adjacent habitats to the south. Suitable meadow marsh habitat is present which Eastern Ribbonsnake (Thamnophis sauritus) might use, however, it was determined it highly unlikely that Eastern Ribbonsnake is present. Although the naturalized areas are generally disturbed, as evidenced by the high proportion of non-native plants, and fragmented from other natural heritage features by major roadways and intensive commercial development, the Study Area may provide marginal habitat for bat SAR and Monarch butterfly as identified in Table 4-6. Single individuals of Monarch butterfly were observed in CUM1-1 on October 12, 2017 and June 25, 2018 field investigations. For the four species of bats, a precautionary approach is recommended which would assume that the Mineral Cultural Woodlands (CUW1), Fresh- moist Poplar Deciduous Forest (FOD8-1) and Scotch Pine Cultural Plantation (CUP3-3) may provide suitable roosting habitat for bat SAR without further assessment. The remaining SAR evaluated (refer to Appendix B) were determined to have a low probability of occurring given the general lack of their preferred and respective habitats within the Study Area. The LIO Aquatic Resource Area (ARA) fish species data documented Blacknose Dace (Rhinichthys atratulus), Central Mudminnow (Umbra limi), Common Shiner (Luxilus cornutus), Creek Chub (Semotilus atromaculatus), Logperch (Percina caprodes), and White Sucker (Catostomus commersonii) as present within Pine Creek. According to the ARA and DFO aquatic SAR mapping, there are no records of aquatic SAR within Pine Creek. 4.3.4 Significant Wildlife Habitat 4.3.4.1 Methods Candidate Significant Wildlife Habitat (SWH) was identified in accordance with the SWH guidelines for Ecoregion 6E (OMNR 2015) through a combination of desktop review of - 521 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 39 aerial photography coupled with the results of Ecological Land Classification (ELC) field investigations undertaken in 2017, 2018 and 2019 to determine existing habitats that may provide Candidate SWH. The SWH Screening is available in Appendix K of the Scoped Environmental Impact Study Report (Appendix B). 4.3.4.2 Results Based on the conditions documented through field investigations, the potential for the types of SWH identified above are discussed below in Table 4-7. None of the identified candidate SWH were confirmed to be present within the Study Area. 4.3.5 Assessment of Significance 4.3.5.1 Fish Habitat Pine Creek provides fish habitat. The fish community is representative of an assemblage of primarily warm water species that are tolerant of environmental perturbation. Based on a review of DFO Aquatic SAR mapping (2020), there were no aquatic SAR records or habitat classified as critical by the SARA within the Study Area. A review of NHIC records (MNRF, 2020) also did not identify any aquatic SAR records within the Study Area. As such, aquatic SAR need not be carried forward to the impact assessment. 4.3.5.2 Habitat of Endangered and Threatened Species No Endangered or Threatened species of plants or animals were encountered during field investigations. Background review identified several species that had been identified as being recorded within several kilometres of the Study Area. Marginally suitable habitat was identified for the following SAR: ◼ Bat SAR ◼ Monarch The remaining SAR have a low potential of occurring within the Study Area due to lack of suitable habitat present within the Study Area. 4.3.5.3 Significant Wetlands and Significant Coastal Wetlands The wetland unit in the Study Area was assessed and qualifies to be complexed with the nearby Frenchman’s Bay Coastal Wetland Complex. The boundary was surveyed to determine the limits and extent. An additional wetland unit located to the south of Highway 401 midway between the Study Area and the main Frenchman’s Bay Coastal Wetland Complex was also determined to be part of the wetland complex. - 522 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 40 Table 4-7: SWH Assessment Results SWH Category SWH Type Candidate SWH Confirmed Present (Yes/No) Rationale Seasonal Concentration Areas Bat Maternity Colonies No Oct 2017 tree inventory identified most trees as between 10 and 20 cm DBH and therefore within a suitable size range for bat habitat according to MNRF (2017b); however, no suitable cavities were observed. As a result, it is unlikely that the Study Area provides suitable cavity trees for bat maternity colonies Seasonal Concentration Areas Turtle Wintering Areas No Study Area lacks ponds that would support this habitat; Pine Creek may provide marginal overwintering habitat for Snapping Turtle and Midland Painted Turtle although no turtles were observed during field investigations; habitat is not likely to qualify as SWH Seasonal Concentration Areas Reptile Hibernacula No Meadow, thicket, and meadow marsh habitat suitable for Eastern Gartersnake and possibly other snake species was present within the Study Area; habitat was isolated due to surrounding roads and development impeding movement; no snakes were observed and habitat not likely to qualify as SWH Rare Vegetation Communities or Specialized Habitats for Wildlife Turtle Nesting Areas No The meadow habitat within the Study Area may provide suitable nesting habitat; however, no turtles were observed; habitat not likely to qualify as SWH Rare Vegetation Communities or Specialized Habitats for Wildlife Seeps and Springs No Low lying areas of meadow marsh with a high-water table were present on either side of Pine Creek. Water cress (Nasturtium officinale) was present in the meadow marsh on the east side which is an indicator of groundwater seepage. However, on a visit on January 2019 any water that was pooled in small depressions within the meadow marsh was frozen, yet Pine Creek was completely ice free. Consequently, although some seepage was pr esent, it was not significant and therefore does not qualify as SWH Rare Vegetation Communities or Specialized Habitats for Wildlife Amphibian Breeding Habitat (Woodland) No No suitable vernal pools were identified within the Study Area and no amphibians were observed; habitat does not qualify as SWH Rare Vegetation Communities or Specialized Habitats for Wildlife Amphibian Breeding Habitat (Wetlands) No No suitable vernal pools were identified within the Study Area and no amphibians were observed; habitat does not qualify as SWH Habitats of Species of Conservation Concern Terrestrial Crayfish No Suitable meadow marsh habitat was present within the Study Area, although none of the distinctive ‘chimneys’ were observed; habitat does not qualify as SWH Habitats of Species of Conservation Concern Special Concern and Rare Wildlife Species No Monarch butterfly was observed within the Study Area and although its larval food plant, common milkweed, was present it was not abundant; some habitat present but not as highly productive as other sites, therefore does not qualify as SWH Animal Movement Corridors Amphibian Movement Corridor No No amphibian breeding habitat within or adjacent to the Study Area; therefore, this SWH is not present - 523 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 41 4.3.5.4 Significant Woodlands Natural Heritage Reference Manual (NHRM; MNR 2010) identifies a minimum woodland size for significance of 4 hectares in municipalities where the forest cover is between 5% and 15%. The woodland in the Study Area does not meet the minimum size requirement, even when combined with cultural woodland, totalling an approximate 1.8 hectares. Furthermore, the woodland dominated by non-native trees species, particularly Manitoba Maple and Siberian Elm, affording it low quality and further ruling it out as Significant. 4.3.5.5 Significant Valleylands Although Pine Creek is a well-defined permanent creek flowing through the Study Area, it does constitute a defined valley with floodplain and sloping side walls. Identifying Significant Valley is the responsibility of the planning authority. Schedule IIIC – Resource Management: Key Natural Heritage Features, Key Hydrologic Features of the City’s OP identifies Pine Creek under “Shorelines, Significant Valley Lands and Stream Corridors” consequently it qualifies as a Significant Valley land. 4.3.5.6 Significant Wildlife Habitat Based on the Ecological Land Classification (ELC) communities present within the Study Area, 10 categories of candidate Significant Wildlife Habitat (SWH) were identified and evaluated. Following field investigations, no SWH types were confirmed present within the Study Area and all the candidate SWH were eliminated. 4.3.5.7 Significant Areas of Natural and Scientific Areas There were no Areas of Natural and Scientific Areas (ANSIs) identified within the Study Area. The nearest ANSI is Frenchman’s Bay Coastal Marsh Candidate Life Science ANSI located 600 metres south of the Study Area. 4.3.5.8 Municipally Recognized Features and Species No significant woodlands or locally significant wetlands were identified within the Study Area. 4.3.6 Fluvial Geomorphology 4.3.6.1 Methods A Fluvial Geomorphological Assessment (Appendix C) was completed in the area along Pine Creek between Kingston Road and Highway 401 to assess - 524 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 42 geomorphological conditions at the existing watercourse (i.e., Pine Creek) with respect to channel form and function, existing geomorphological issues and opportunities for enhancement . Methods included: ◼ Background review of existing reports and data to provide context in terms of watershed characteristics and prior studies that can be used to gain insight into fluvial geomorphology within the Study Area ◼ A desk-based assessment that included the following components: − Delineation of geomorphological reaches − Historical assessment of land use and channel changes within the Study Area − Meander belt width assessment for reaches in vicinity of the crossing area ◼ Field reconnaissance that included the following components: − Geomorphological Reach Characterization to identify and record reach data along the watercourse − Rapid Geomorphological Assessment (RGA) to assess the overall stability along well developed reaches in urban channels − Photographic Record The results of the desk-based assessment and field investigations are described hereafter. Refer to Appendix C for the complete results of the assessment, including the background review. 4.3.6.2 Results Three historical aerial photographs were compared (1982, 2010 and 2016) in order to gain insight into historic land use and channel adjustments identified for sub-reaches upstream and downstream of the proposed crossing location within the study area. Historic aerial photographs have shown that land use and channel changes have occurred along the watercourse (i.e., Pine Creek), which includes an increase in urbanization within the study area, as well as a gain in channel sinuosity. Field work identified bank failure (failed gabion) and channel confinement upstream, increased meandering with less channel confinement within in the middle reach, and a less sinuous channel with floodplain connectivity at the downstream reach. The backwater effect from the Highway 401 culvert was identified in the middle reach. The RGA classified the upstream reach (PC-3a-1) as stable, and the downstream reaches (PC- 3a-2 and PC-3a-3) as In Transition, indicating that evidence of channel instability is widespread in these reaches. - 525 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 43 Due to historical straightening along Pine Creek, the meander belt assessment was conducted using empirical equations, with a 5% to 10% erosion rate included in the final Meander Belt Width (MBW). The final meander belt width was calculated at 36 metres. To span the Meander Belt Width, a 36 metre crossing span would be required. This approach would allow natural processes to occur over the next 100 years, through which the creek is recovering its sinuous planform. If the crossing does not span the MBW, additional erosion protection will be required to protect the crossing. Figure 4-2 shows the Pine Creek historical water course alignments for (a) sub-reach PC-3a-1, (b) subreach PC-3a-2 and (c) sub-reach PC-3a-3. Figure 4-2: Pine Creek Historical Water Course Alignments for (a) Sub- reach PC-3a-1, (b) Subreach PC-3a-2 and (c) Sub-reach PC-3a-3 4.3.7 Hydraulic Assessment A hydraulic analysis (Appendix D) using HEC-RAS model was completed for the Pine Creek crossing. The existing hydraulic model was obtained from TRCA. The flood elevation between Highway 401 and Kingston Road (Highway 2) was noted to be primarily controlled by assumed water surface at Highway 401. The proposed crossing was sized to convey the Regional storm event. The design criteria for the Regional Flood is based on both City of Pickering and Toronto and Region Conservation Authority (TRCA) requirement. The City of Pickering would consider a 0.1 metre increase between Highway 401 and Kingston Road (Highway 2) and both the City and TRCA would not tolerate any increase in Regional flood level upstream of Highway 2, (a) (b) (c) - 526 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 44 due to the presence of existing properties within the floodplain. Design flows for the 25- year, 50-year and Regional storm events are 33.46 m3/s, 40.56 m3/s and 75.39 m3/s, respectively. The cross-sections upstream and downstream of the proposed structure were added to the HEC-RAS model. Eight alternatives were analyzed and comparison of the existing and proposed Regional water surface elevation (WSE) is summarized in the Hydraulic Assessment Memorandum (Appendix D). The memorandum concluded: ◼ The 25 metre, 30 metre and 35 metre bridge spans all meet TRCA and City of Pickering criteria ◼ A 25 metre span bridge over Pine Creek will meet design criteria that includes no increase in Regulatory Flood levels upstream of Kingston Road (Highway 2) ◼ Increasing the capacity of the Radom Street culvert, downstream of Highway 401, has the potential to reduce the Regulatory Floodline upstream of Highway 401 which could lead to a reduction in the size of the Walnut Lane watercourse crossing ◼ It is recommended that, from a hydrotechnical perspective, and subject to no further study regarding a Radom Street watercourse upgrade, a 25 metre bridge be considered for the Walnut Lane crossing of Pine Creek ◼ It is also recommended that the City of Pickering pursue additional studies for upgrading the Radom Street culverts and determine the impact this might have on the sizing of the Walnut Lane crossing of Pine Creek Since the proposed crossing will result in the loss of storage, an updated routing analysis is required to establish the new fixed water surface elevation upstream of Highway 401 and a cut-fill balance exercise. These tasks will be carried out during detailed design. This work will review the 36 metre Pine Creek bridge span width recommended for the Project, as described in Section 7.4.2. 4.3.8 Stormwater There are no Stormwater Management Facilities within the focus area bounded by Kingston Road to the north, Liverpool Road to the east, Highway 401 to the south and Dixie Road to the west. - 527 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 45 4.4 Socio-Economic Environment 4.4.1 Existing Land Use The Study Area north of Kingston Road, which includes the existing section of Walnut Lane, is comprised of a mix of detached, semi-detached, and townhouse dwellings. This area also includes one secondary school, five elementary schools, seven neighbourhood parks, two places of worship and a fire hall. The Study Area south of Kingston Road consists of a mix of large format retailers, specialty retailers, automotive uses, offices and services, including restaurants. The focus area of the proposed Walnut Lane extension is not developed. Figure 4-3 shows the land uses as per the City’s Official Plan (Edition 8). Figure 4-3: Schedule I, City of Pickering OP (Edition 8) - 528 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 46 4.4.2 Proposed or Planned Development The future land use for the parcels of land currently bound by Kingston Road, Highway 401, and Liverpool Road include a multiple tower – multi-phase high density residential development (Tribute Communities) with commercial space proposed at grade with parking located on the west side of Liverpool Road and south side of Highway 401 (development will be accessed from the new Walnut Lane Roadway). There is also potential in the long term for the redevelopment of the current Loblaws site (currently subject to a zoning hold) as well as the TD Bank and Makimono Japanese Restaurant within the Study Area. The lands immediately east of Pine creek (Loblaws and Tribute Communities) are subject to a hold on the zoning. The current zoning hold for Tribute Communities is process of being lifted. 4.4.3 Planned Infrastructure Improvements The Durham Region’s TMP (2017) recommends the following infrastructure improvements within the Study Area: ◼ Widening of the section of Liverpool Road (Regional Road 29) between Kingston Road and Highway 401 from 5 to 6 lanes between 2022 and 2026. Note that as per the latest version of the Region’s Capital Budget and Nine- Year Forecast for Regional Roads (dated 2022) that was available at the time of the preparation of the ESR, the anticipated timelines for the start of construction work for widening of Liverpool Road is 2025. ◼ Extension of the existing on-road cycling facilities along the section of Kingston Road between Glenanna Road and east of Walnut Lane both easterly and westerly along Kingston Road beyond 2028. Note that in the latest version of the Regional Cycling Plan (dated 2021) that was available at the time of the preparation of the ESR, the recommended on-road cycling facilities on the studied section of Kingston Road are defined as a Short-term Infill Project (2022 – 2029) and recommended to be in the form of “cycle tracks”. ◼ Provision of cycling facilities along the section of Pickering Parkway between Liverpool Road and Brock Road as well as the section of Liverpool Road between Highway 401 and Finch Avenue beyond 2028. Note that in the latest version of the Regional Cycling Plan (dated 2021) that was available at the time of the preparation of the ESR, the recommended cycling facilities on Pickering Parkway, east of Liverpool Road are “buffered cycle lanes” and - 529 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 47 categorized as a Long-term Project (2031 and beyond) whereas the recommended cycling facility on the studied section of Liverpool Road (between Highway 401 and Kington Road) is an “in-boulevard multi-use pathway” and categorized as a Short-term Capital Project (2022 – 2029). ◼ In the near term, the studied section of Kingston Road (i.e., between east of Liverpool Road and west of Walnut Lane) would continue to carry Bus Rapid Transit (BRT) on dedicated curb lanes. Over time, the studied section of Kingston Road would see the existing centre median replaced with dedicated BRT lanes and transit platforms. As per the most recent information available from the Metrolinx website at the time of the preparation of the ESR, the anticipated timelines for provision of the dedicated median BRT lanes on the studied section of Kingston Road is 2022 – 2025. 4.4.4 Noise A qualitative overview of anticipated changes in noise levels as a result of the Project and potential impacts on existing receptors during construction and operation of the proposed undertaken has been completed. With respect to noise it is important to note that existing nearby sensitive noise receptors are only located on the north side of Kingston Road within the Liverpool Neighbourhood and traffic on Walnut Lane north of Kingston Road within this residential area is meant for local traffic only. The proposed Walnut Lane extension south of Kingston Road will serve future development, including the proposed Tribute Communities high rise residential development (see Section 4.4.2), while also providing a link between Kingston Road and Liverpool Road. The developer (i.e., Tribute Communities) will need to take noise from the Walnut Lane extension into account as their development is dependant on the Walnut Lane extension. Traffic volumes on the Walnut Lane (2 lanes) extension will be significantly lower (less than half) than Kingston Road (6 lanes). Further, the traffic for the future Walnut Lane extension is both less exposed to and at a further distance from the identified Noise Sensitive Areas when compared with Kingston Road. As a result the noise levels at the noise sensitive areas on the north side of Kingston Road are dominated by traffic on Kingston Road, not the Walnut Lane extension since Kingston Road is in between the Walnut Lane extension and those residences. Therefore any change in the future noise level as a result of the Walnut Lane extension is expected to be negligible and not exceed the MTO/MOE objective noise level. Similarly, for the residences on the south side of Highway 401, noise levels due to traffic will be by traffic from Highway 401 and Bayly Street. The Walnut Lane extension is over 350 metres from the nearest Noise Sensitive Area to the south; whereas, Highway 401 and Bayly Street are approximately - 530 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 48 150 metres and 25 metres, respectively. As a result, the change in noise level due to the Walnut Lane extension is also expected to be negligible and not exceed the MOT/MOE objective limits. Noise has been considered in the evaluation of alternatives (Section 6) and potential environmental effects, mitigation measures and monitoring (Section 9.4.1). 4.4.5 Air Quality The Project’s impacts to air quality have been assessed through a qualitative evaluation of the preferred solution. Refer to the Qualitative Air Quality Assessment Memorandum (Appendix E). The below section summarizes existing air quality conditions within the Air Quality Study Area, which extends 500 metres from each side of Walnut Lane south of Kingston Road and along the proposed MCEA focus area towards Liverpool Road. Baseline ambient air quality levels were collected from publicly available historical data from ambient air quality monitoring stations within Ontario. Data utilized is the most recent publicly available data (November 2021). The following National Air Pollution Surveillance (NAPS) air quality monitoring stations were selected as representative of the ambient air quality within the Air Quality Study Area: ◼ Toronto East (NAPS ID 60410) ◼ Toronto North (NAPS ID 60440) ◼ Roadside Wallberg (UofT) Station (NAPS ID 60439) ◼ Gage Institute (NAPS ID 60427) Details of the air quality monitoring stations and their distance in kilometres to the Air Quality Study Area are provided in Table 4-8. Ambient monitoring data was collected for all contaminants from the most recent data available (2011-2019). The background concentrations for each contaminant were compared to the applicable Provincial Ambient Air Quality Criteria (AAQC) and Federal Canadian Ambient Air Quality Standards (CAAQS) for the time averaging periods. The results of the Air Quality Assessment memorandum identifies three contaminants were found to exceed the Provincial AAQC in the ambient air levels. The exceedances for the contaminants Benzene and Benzo(a)pyrene are based on the existing levels within the downtown Toronto area, and the exceedance for fine particulate matter (PM2.5) is based on the existing levels in the North Toronto area. Lowered levels of vehicular idling in the suburban Pickering area may result in lowered benzene and benzo(a)pyrene levels when compared to downtown Toronto, however the presence of - 531 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 49 the Highway 401 to the south of the project would be a significant contributor to background air quality levels. 4.4.5.1 Land Use and Sensitive Receptors The Air Quality Study Area contains land use zoned by the City under zoning by-law 7553 and zoning by-law 3036. The land use is primarily zoned as either commercial space, park/open space or residentially zoned. Several sensitive and critical receptors were identified within the Air Quality Study Area. The residentially zoned lands (sensitive receptors) are outlined in orange in Figure 4-4, along with the location of identified critical and sensitive receptors. Table 4-9 lists the identified critical receptors and representative sensitive receptors from the residentially zoned areas within the Air Quality Study Area. Table 4-8: Identified Critical Receptors within Air Quality Study Area Receptor ID Receptor Name Receptor Type Address CR1 Tribute Development Daycare Centre Future Critical “Building C” (Refer to Appendix E) CR2 Bridges Kinder Connection Daycare Critical 1066 Dunbarton Road Pickering, Ontario SR1 Tribute Development Future Sensitive “Building C” (Refer to Appendix E) SR2 Tribute Development Future Sensitive “Building B” (Refer to Appendix E) SR3 Tribute Development Future Sensitive “Building A” (Refer to Appendix E) SR4 Representative Residential Sensitive 1322 Poprad Avenue Pickering, Ontario SR5 SF3 Condominiums Sensitive 53 1250 Saint Martins Drive Pickering, Ontario SR6 Representative Residential Sensitive 1134 Tanzer Court Pickering, Ontario SR7 Representative Residential Sensitive 1134 Glen Eden Court Pickering, Ontario SR8 Representative Residential Sensitive 1735 Walnut Lane Pickering, Ontario SR9 Representative Residential Sensitive 1217 Kingston Road Pickering, Ontario SR10 Representative Residential Sensitive 1226 Charlotte Circle Pickering, Ontario - 532 - 50 Figure 4-4: Location of Sensitive and Critical Receptors - 533 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 51 4.4.5.2 Vehicular Air Emissions There are also several sources of air emissions from vehicular travel within the Air Quality Study Area along Kingston Road, Liverpool Road, and Highway 401. See Appendix E for more detail on traffic information associated with all significant sources of existing road traffic. 4.5 Cultural Environment 4.5.1 Archaeological Resources A Stage 1 archaeological assessment (AA) was conducted for the road extension focus area. A Stage 1 AA consists of a review of geographic, land use and historical information for the property and the relevant surrounding area, a property visit to inspect its current condition and contacting MHSTCI to find out whether, or not, there are any known archaeological sites on or near the property. Its purpose is to identify areas of archaeological potential and further archaeological assessment (e.g., Stage 2-4) as necessary. The Stage 1 Archaeological Assessment Report is included in Appendix F. The results of the Stage 1 archaeological assessment indicate while most of the focus area does not contain archaeological potential as it has been extensively and deeply disturbed by past construction activity or is permanently low and wet or sloped, there are sections that are not obviously disturbed and will therefore require a Stage 2 archaeological assessment. Given the results of the Stage 1 AA, the following recommendations have been made: 1. The areas marked in green in Figure 6 of Appendix F require a Stage 2 archaeological assessment. The Stage 2 assessment should be completed in accordance with Section 2.1.2 Test Pit Survey of the Standards and Guidelines for Consultant Archaeologists (2011). This section requires a test pit survey to be conducted over the study area to identify any archaeological sites and to determine the extent and degree of ground disturbance 2. Areas marked in red in Figure 6 of Appendix F have been deeply disturbed and should be considered cleared of further archaeological concern The Stage 2 AA will be completed during the detailed design phase of the Project. - 534 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 52 4.5.2 Built Heritage Resources and Cultural Heritage Landscapes The area of the proposed Walnut Lane extension does not include properties listed or designated under municipal, provincial, or federal legislation or included on a heritage register or inventory. In addition, based on a review of accessible documentation, the properties do not appear to be a landmark or important in defining the character of the area, nor is it subject to a municipal, provincial, or federal commemorative or interpretive plaque, adjacent to a known burial site and/or cemetery, nor is it in a Canadian Heritage River watershed. Based on the above, the Project is not anticipated to impact Built Heritage Resources and Cultural Heritage Landscapes. Refer to the Cultural Heritage Memorandum in Appendix G for the review of the Study Area in relation to cultural heritage resources. - 535 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 53 5. Phase 1: Problem / Opportunity Statement 5.1 Project Need and Justification The findings of the traffic impact assessment of the Walnut Lane extension (Appendix A) indicate that in the absence of the Walnut Lane extension, numerous movements at the Study Area intersections would operate over capacity and/or at an unacceptable level of service in the horizon year of 2027. In the absence of any improvements, the long-term vision for the Pickering City Centre (as described in the “Downtown Pickering: A Vision for Intensification and Framework for Investment” Report) and surroundings are expected to further deteriorate traffic conditions in the Study Area road network in the future, thus, an indication of the needs and justification for transportation improvements. With the studied sections of Liverpool Road and Kingston Road already at six lanes by 2026, further widening of these two roads would not be a realistic transportation improvement option. In addition, the planned improvements to the existing transit services as well as active transportation and transit facilities and services per se are only anticipated to partially address the future traffic operational issues within the Study Area. Hence, there seems to be an inevitable need for a new road connection to the Study Area road network. The extension of Walnut Lane from the section presently constructed south of Kingston Road eastward to Liverpool Road is anticipated to contribute to materializing the Intensification Plan for the City Centre and address most of the future traffic operational issues. In addition, the Walnut Lane extension would allow for development of the parcel of land bounded by Liverpool Road to the east, Highway 401 to the south, Kingston Road to the north, and Pine Creek to the west; i.e., it would provide more than one option to access / egress the future development in the southwest quadrant of the intersection of Kingston Road and Liverpool Road. 5.2 Problem and Opportunity Statement Phase 1 of the Municipal Class Environmental Assessment (MCEA) planning process requires the proponent of an undertaking (i.e., the City) to document factors leading to the conclusion that the proposed improvement is needed, and to develop a clear statement of the identified problems or opportunities to be addressed. The Problem/Opportunity Statement is the first phase in undertaking a MCEA study and assists in establishing the study’s scope. Based on the Project need and justification (Section 5.1), the following problem/opportunity statement has been formulated: - 536 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 54 Problem: There is significant development potential within the area beyond the existing southerly terminus of Walnut Lane. Extending Walnut Lane easterly from Kingston Road to the west side of Liverpool Road is needed to: ◼ Address projected travel demands ◼ Provide a second point of ingress/egress to support future development ◼ Strengthen the east to west transportation grid network The proposed road extension must ensure no negative impacts to Ministry of Transportation Highway 401 operations and net benefit to Durham Region road operations, including on Kingston Road and Liverpool Road. In addition, traffic calming measures were developed as part of MCEA and preliminary design in order to prevent the Walnut Lane Extension from leading to any shortcutting / traffic infiltration issue on / through the existing section of Walnut Lane (north of Kingston Road), Opportunity: There is an opportunity to employ the Complete Streets approach in order to accommodate the existing and future traffic demand (including transit and active transportation) and provide better connectivity to adjacent neighbourhoods for the overall road network. - 537 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 55 6. Phase 2: Alternative Solutions 6.1 Identification of Alternatives The following planning solutions have been identified as part of phase 2 of the MCEA process: ◼ Alternative 1: Do Nothing ◼ Alternative 2: Operational Improvements ◼ Alternative 3: Extend Walnut Lane easterly from the current western terminus to Liverpool Road ◼ Alternative 4: Widen or Extend Alternate Routes ◼ Alternative 5: Travel Demand Management (TDM) ◼ Alternative 6: Limit Development 6.1.1 Do Nothing Do nothing means there are no improvements undertaken. This does not resolve the identified problem/opportunity statement; however this option was evaluated as a base case comparison to other alternative solutions. 6.1.2 Operational Improvements This alternative entails non-structural improvements, such as traffic signal improvements, possible lane configuration improvements to accommodate left and right turn lanes. 6.1.3 Extend Walnut Lane Easterly to Liverpool Road This option involves extending a 2-lane cross-section from Walnut Lane south of Kingston Road easterly from the existing western terminus to Liverpool Road. 6.1.4 Widen or Extend Alternative Routes Widening alternative routes entails providing additional lanes to other nearby north- south and east-west roads: ◼ Widening of Liverpool Road (Durham Region Jurisdiction) to the south of Kingston Road and to the north of the Highway 401 on and off-ramp interchange terminal ◼ Widening Highway 2 to six lanes, including median bus-only lanes from east of Notion Road (Pickering Village) to west of Altona Road - 538 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 56 It is noted that this alternative is being addressed through other studies, including the future Liverpool Road Widening, Durham-Scarborough BRT project (subject to the Transit Project Assessment Process), and Complete Streets Strategy as per City’s Integrated Transportation Master Plan. The extension of Dixie Road south of Kingston Road, eastward to Liverpool Road was not evaluated. The Kingston Road Corridor and Specialty Retailing Node Intensification Plan concluded in December 2019 with Council endorsement of the Intensification Plan for the area and draft Urban Design Guidelines. The Intensification Plan presents a vision for intensification and identifies the Dixie Road Extension to Liverpool Road via the proposed Walnut Lane extension that terminates at Liverpool Road. The Intensification Plan also shows the extension terminating at the current Kingston Road/Walnut Lane intersection which can be developed as a gateway feature. There is no estimated timeline for the Dixie Road extension segment established through the Study. The City is in the process of drafting the Official Plan Amendment and Zoning By-law Amendment to implement the Plan. 6.1.5 Travel Demand Management Travel Demand Management (TDM) is a general term used to describe the policies, programs and strategies used to promote alternative modes of transportation (transit, carpooling, walking, and cycling) in order to reduce driving by individuals. 6.1.6 Limit Growth This alternative assumes no improvements will be made beyond those already both planned and approved and includes measures to limit development within the Study Area. 6.2 Evaluation Framework and Criteria As a key aspect of the MCEA process, a set of evaluation criteria have been developed to ensure a logical and replicable evaluation and decision-making process. Table 6-1 provides the list of criteria and corresponding indicators by category that were used to evaluate the alternative solutions and identify the preferred recommended solution to carry forward to phase 3 (alternative design concepts). - 539 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 57 Table 6-1: Phase 2 Evaluation Criteria Category Criteria Transportation / Technical Considerations ◼ Conformity with the City of Pickering Official Plan (OP) ◼ Ability to improve road, transit, pedestrian and cycling network connectivity ◼ Ability to improve network capacity ◼ Ability to improve safety for all roadway users ◼ Ability to minimize adverse effects on utilities ◼ Ability to improve stormwater runoff from existing conditions Natural Environment ◼ Potential impacts to terrestrial species and habitat ◼ Potential impacts to aquatic species and habitat Socio-Economic Environment ◼ Ability to accommodate existing/planned development and support future growth in population and employment ◼ Potential impacts to residences and local business (access, disruption, and nuisance impacts, such as noise and dust) ◼ Air Quality – Ability to minimize the air particulate matter and emissions ◼ Amount of property required ◼ Access for emergency vehicles Cultural Environment ◼ Effects on archaeological resources ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes Cost ◼ Capital costs, including property The individual alternative solutions identified in Section 6.1 were evaluated against the established criteria (Table 6-1) in order to determine the preferred recommended solution. An empty pie chart indicates the alternative solution does not meet the Project’s intended outcome for the specified criteria, resulting in higher impacts and is therefore less preferred. Alternatively, a full pie indicates the alternative solution meets the Project’s intended outcome for the specified criteria, resulting in lower impacts and is therefore more preferred. The objective of this approach is to show which alternatives are overall effective in achieving the intended outcome with less negative impacts. All categories were considered to have equal weight. - 540 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 58 Figure 6-1: Phase 2 Evaluation Rating System The evaluation has been completed using professional judgement using information available at that time. Feedback obtained from the public, review agencies, stakeholders and Indigenous Communities was also considered. This evaluation forms the rational for the identification of the recommended preferred alternative solution. 6.3 Evaluation of Alternative Planning Solutions Table 6-2 presents the evaluation of the alternative planning solutions. - 541 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 59 Table 6-2: Phase 2 Evaluation of Alternatives Category Evaluation Criteria Alternative 1 Do Nothing Alternative 2 Operational Improvements Alternative 3 Extend Walnut Lane Easterly to Liverpool Road Alternative 4 Widen or Extend Alternate Routes Alternative 5 Travel Demand Management Alternative 6 Limit Growth Transportation/ Technical Considerations ◼ Conformity with the City of Pickering’s Official Plan (OP) ◼ Does not conform with OP – does not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Conforms with OP; however does not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Conforms with City of Pickering OP – OP identifies a future extension of Pickering Parkway for a Type C Arterial Road that would connect to Walnut Lane. A secondary east-west connector road would support projected growth for Pickering’s City Centre by opening up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Confirms with OP; however does not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Conforms with OP; however does not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Does not conform with OP – does not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. Transportation/ Technical Considerations ◼ Ability to improve road, transit, pedestrian and cycling network connectivity ◼ No changes to network connectivity – does not open access to the parcel of land currently bounded by Highway 2, Highway 401, and Liverpool Road. ◼ No changes to network connectivity – does not open access to the parcel of land currently bounded by Highway 2, Highway 401, and Liverpool Road. ◼ Improves road connectivity by providing alternate route for traffic travelling on the studied sections of Kingston Road and Liverpool Road (i.e., to avoid the Liverpool Road and Kingston Road intersection). ◼ Improves cycling network connectivity. As per the Region of Durham’s Transportation Master Plan and Regional Cycling Plan, Liverpool Road and Kingston Road have both been identified as key corridors to build cycling infrastructure. ◼ Improves pedestrian connectivity with the existing network – travelling pedestrians at commercial and future residential lands will have alternative access the wider network including GO Station. ◼ Potential to improve network connectivity based on planned road improvements within the study area; however does not open access to the parcel of land currently bounded by Highway 2, Highway 401, and Liverpool Road. ◼ Potential to improve network connectivity; however does not open access to the parcel of land currently bounded by Highway 2, Highway 401, and Liverpool Road. ◼ No changes to network connectivity – does not open access to the parcel of land currently bounded by Highway 2, Highway 401, and Liverpool Road. - 542 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 60 Category Evaluation Criteria Alternative 1 Do Nothing Alternative 2 Operational Improvements Alternative 3 Extend Walnut Lane Easterly to Liverpool Road Alternative 4 Widen or Extend Alternate Routes Alternative 5 Travel Demand Management Alternative 6 Limit Growth Transportation/ Technical Considerations ◼ Ability to improve network capacity ◼ Does not improve network capacity. ◼ Potential for minor capacity improvement at intersections. ◼ Improves network capacity – additional capacity provided to overall network. ◼ Improves network capacity – additional capacity provided to overall network via planned road improvements: ◼ Widening of Liverpool Road to the south of Kingston Road and to the north of the Highway 401 on- and off-ramp interchange terminal ◼ Widening Highway 2 to 6 lanes, including ‘Bus Only’ lanes, between Brock Road and west of Altona Road. ◼ Potential to improve network capacity due to shift from auto to other modes of travel. ◼ Does not improve network capacity. Transportation/ Technical Considerations ◼ Ability to improve safety for all roadway users ◼ Does not improve road safety. ◼ Potential for minor safety improvements at intersections. ◼ Potential to incorporate safety improvements with road extension ◼ Potential to incorporate safety improvements with road widenings and extensions ◼ Potential for minor safety improvements to overall network. ◼ Does not improve road safety. Transportation/ Technical Considerations ◼ Ability to minimize adverse effects on utilities ◼ No impacts to utilities. ◼ Low potential for impacts to utilities at intersections ◼ Potential for impacts to utilities. ◼ Potential for impacts to utilities. ◼ No impacts to utilities. ◼ No impacts to utilities. Transportation/ Technical Considerations ◼ Ability to improve stormwater runoff from existing conditions ◼ No increase to runoff. ◼ Minor increase to runoff due to an increase in impervious area at the intersections. ◼ Increase in runoff due to an increase in impervious area with new road extension. ◼ Increase in runoff due to an increase in impervious area with widened lanes. ◼ No increase to runoff. ◼ No increase to runoff. Transportation/ Technical Considerations Transportation/ Technical Evaluation Summary Natural Environment ◼ Potential impacts to terrestrial species and habitat ◼ No impacts to terrestrial species and habitat. ◼ Low potential for impacts to terrestrial species and habitat. ◼ Potential impacts to trees (e.g., removal), vegetation communities, unevaluated wetland communities, and candidate significant wildlife habitat (SWH) types identified in road extension focus area – requires confirmation through further ecological investigations. ◼ Potential impacts to terrestrial species and habitat, including street trees. ◼ No impacts to terrestrial species and habitat. ◼ Low potential for impacts to terrestrial species and habitat. - 543 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 61 Category Evaluation Criteria Alternative 1 Do Nothing Alternative 2 Operational Improvements Alternative 3 Extend Walnut Lane Easterly to Liverpool Road Alternative 4 Widen or Extend Alternate Routes Alternative 5 Travel Demand Management Alternative 6 Limit Growth Natural Environment ◼ Potential impacts to aquatic species and habitat ◼ No impacts to aquatic species and habitat. ◼ Low potential for impacts to aquatic species and habitat. ◼ Potential for impacts to aquatic species and habitat – Pine Creek traverses the road extension focus area. ◼ Road extension provides opportunities to improve Pine Creek form/function and fish. ◼ Potential for impacts to aquatic species and habitat. ◼ No impacts to aquatic species and habitat. ◼ Low potential for impacts to aquatic species and habitat. Natural Environment Natural Environment Evaluation Summary Socio- Economic Environment ◼ Ability to accommodate existing/planned development, including future growth in population and employment ◼ Does not accommodate existing and future planned development – does not open access to the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. ◼ Accommodates existing development, but not future planned development – does not open access to the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. ◼ Accommodates existing and future planned development – road extension will open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. ◼ Accommodates existing development, but not future planned development – does not however do not open up development of the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. ◼ Does not support existing and future planned development – does not open access to the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. ◼ Does not support existing and future planned development – does not open access to the parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road, including the SW Quadrant Development proposed for the SW Quadrant at the intersection of Kingston Road and Liverpool Road. Socio- Economic Environment ◼ Potential impacts to residences and local business (access, disruption, and nuisance impacts, such as noise and dust) ◼ No potential impacts to residences and local businesses. ◼ Does not provide access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Low potential for disruption and nuisance impacts. ◼ Does not provide access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Higher potential for disruption and nuisance impacts compared to other alternatives. ◼ Provides access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Improves access – vehicles coming off the Highway 401 Off-Ramp will be able to travel WB-T and access future and existing land uses of commercial and residential complexes directly adjacent to the Highway 401 Westbound Off-Ramp. ◼ Moderate potential for disruption and nuisance impacts. ◼ Does not provide access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Low potential for disruption and nuisance impacts. ◼ Does not provide access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Low potential for disruption and nuisance impacts. ◼ Does not provide access to parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. - 544 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 62 Category Evaluation Criteria Alternative 1 Do Nothing Alternative 2 Operational Improvements Alternative 3 Extend Walnut Lane Easterly to Liverpool Road Alternative 4 Widen or Extend Alternate Routes Alternative 5 Travel Demand Management Alternative 6 Limit Growth Socio- Economic Environment Air Quality – Ability to minimize the air particulate matter and emissions. ◼ No changes to air quality. ◼ Potential minor improvement to air quality with the reduction in congestion at intersections ◼ Potential to increase air particulate matter and emissions by adding capacity to network; however, may also reduce vehicular idling. ◼ Potential to increase air particulate matter and emissions by adding capacity to network; however, may also reduce vehicular idling. ◼ Potential to reduce air particulate matter and emissions due to more active transportation and transit usage. ◼ No changes to air quality. Socio- Economic Environment Amount of property required ◼ No property required. ◼ Potential for property requirements at intersections. ◼ Property required. ◼ Walnut Lane south of Kingston Road currently not owned by the City. ◼ Potential for property requirements. ◼ No property required. ◼ No property required. Socio- Economic Environment Access for emergency vehicles ◼ No improvements - access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Potential for minor improvements at intersections; however, no access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Improvements – provides access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ Potential for minor improvements; however, no access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ No improvements - access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. ◼ No improvements - access for emergency vehicles for parcel of land currently bound by Highway 2, Highway 401, and Liverpool Road. Socio- Economic Environment Socio-Economic Environment Evaluation Summary Cultural Environment ◼ Effects on archaeological resources ◼ No potential impacts to archaeological resources. ◼ Low potential for impacts to archaeological resources (intersections only) ◼ Potential impacts to archaeological resources. ◼ Potential impacts to archaeological resources. ◼ No potential impacts to archaeological resources. ◼ No potential impacts to archaeological resources. Cultural Environment ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes ◼ No known potential impacts to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No known potential impacts to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No known potential impacts to Built Heritage Resources and Cultural Heritage Landscapes. ◼ Potential impacts to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No known potential impacts to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No known potential impacts to Built Heritage Resources and Cultural Heritage Landscapes Cultural Environment Cultural Environment Evaluation Summary Cost ◼ Capital costs, including property ◼ No initial capital cost. ◼ Moderate capital cost. ◼ High initial capital cost. ◼ High initial capital cost. ◼ No initial capital cost. ◼ No initial capital cost. Cost Cost Evaluation Summary Overall Overall Evaluation Results Recommended Recommended as Preferred Solution? No Yes Yes Yes Yes No Note: While the Do Nothing and Limit Growth Alternatives have lower potential impacts to the environment, they will not address the Phase 1 Problem and Opportunity Statement and therefore, are not carried forward as part of the preferred solution. - 545 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 63 6.4 Summary of Evaluation of Alternative Solutions and Selection of a Preferred Solution As detailed in Table 6-2, the preferred planning solution includes a combination of: ◼ Alternative 2: Operational improvements ◼ Alternative 3: Extend Walnut Lane easterly from the current western terminus to Liverpool Road ◼ Alternative 5: Travel Demand Management Alternative 4: Widen or Extend Alternate Routes is also recommended; however, this alternative is being addressed through other MCEA studies, including the future Liverpool Road Widening, Durham-Scarborough Bus Rapid Transit project , and Complete Streets Strategy as per City’s Integrated Transportation Master Plan. As noted previously, the City of Pickering Kingston Road Corridor and Specialty Retailing Node Intensification Plan recommends extending Dixie Road easterly to connect with the proposed Walnut Lane extension. The key rationale for the preferred planning solution (Alternatives 2, 3, and 5) is as follows: ◼ The addition of turn lanes can improve overall travel time by reducing queuing ◼ Improves network capacity and road connectivity by providing alternate route for traffic travelling from Kingston Road to Liverpool Road (avoids Liverpool Road and Kingston Road intersection) ◼ Accommodates existing and future planned development – road extension will support planned development in the City Centre, as well as supports the vision of the Kingston Road Corridor Intensification Plan ◼ Addresses projected travel demands ◼ Provides a second point of ingress/egress to support future development including the Tribute Communities condominium development as described in Section 4.2.2 ◼ Strengthens the east to west transportation grid network ◼ Helps avoid further deterioration of traffic conditions in the Study Area ◼ Opportunities for improved cycling, pedestrian and transit facilities ◼ Supports the Complete Streets Strategy as per City’s Integrated Transportation Master Plan - 546 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 64 7. Phase 3: Alternative Design Concepts 7.1 Generation of Alternative Design Concepts Phase 2 of the Municipal Class Environmental Assessment (MCEA) process, concluded that the recommended preferred solution for the Project was to extend Walnut Lane easterly from the current western terminus to Liverpool Road and where feasible, recommend operational improvements and Travel Demand Management. The purpose of Phase 3 was to identify the preferred design concept for the Walnut Lane Extension road alignment and Pine Creek crossing span width. 7.1.1 Road Alignments The road alignments evaluated are conceptually shown in Figure 7-1 and included: ◼ Alternative 1 – Central Alignment ◼ Alternative 2 – North Alignment ◼ Alternative 3 – South Alignment 7.1.2 Pine Creek Crossing Span Widths The evaluation of Pine Creek Crossing Span widths included: ◼ Option 1 – 25 metre clear span bridge ◼ Option 2 – 30 metre clear span bridge ◼ Option 3 – 36 metre clear span bridge - 547 - 65 Figure 7-1: Alternative Design Concepts - 548 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 66 7.2 Evaluation Framework and Criteria Similar to Phase 2 (Alternative Solutions), criteria were identified to evaluate the alternative design concepts. Table 7-1 and Table 7-2 provide the list of criteria that were used to evaluate the alternative road alignments and Pine Creek crossing span widths to identify the combined preferred alternative design concept. Table 7-1: Phase 3 Evaluation Criteria – Road Alignments Category Criteria Technical ◼ Construction complexity, including opportunities to co-ordinate with other projects ◼ Potential impacts to all modes of transportation and traffic flow ◼ Access/Egress, including potential development access locations ◼ Impacts to sightlines ◼ Impacts to utilities ◼ Impacts to public safety Natural Environment ◼ Impacts to terrestrial species and habitat, including SAR ◼ Impacts to aquatic species and habitat, including SAR ◼ Impacts to wildlife habitat ◼ Impacts to groundwater ◼ Impacts on stormwater quality and quantity ◼ Impacts to Meander Belt ◼ Effects of the project on the climate/effects of climate on the project Socio-Economic Environment ◼ Effects on planned and future development potential ◼ Construction impacts to residences and local business (disruption and nuisance) ◼ Property requirements Cultural Environment ◼ Effects on archaeological resources ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes Cost ◼ Capital costs ◼ Operation / maintenance costs - 549 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 67 Table 7-2: Phase 3 Evaluation Criteria – Pine Creek Crossing Span Widths Category Criteria Technical Environment ◼ Hydraulic Opening – Impacts to Water Levels ◼ Ease of Construction – Complexity/Duration Natural Environment ◼ Impacts to Pine Creek Fluvial Geomorphology (Meander Belt) ◼ Impacts/enhancements to aquatic vegetation and species ◼ Impacts/enhancements to terrestrial vegetation and species ◼ Impacts to Species at Risk ◼ Disturbance of known area contaminants ◼ Effects of the project on the climate/effects of climate on the project Cultural Environment ◼ Effects on archaeological resources ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes Cost ◼ Capital costs ◼ Operation / maintenance costs The alternative design concepts identified in Section 7.1 were evaluated against the established criteria (Table 7-1 and Table 7-2) in order to determine the overall preferred recommended design concept. A pie chart rating system similar to Phase 2 (Alternative Solutions) was implemented as shown below. Figure 7-2: Phase 3 Evaluation Rating System The evaluation has been completed using professional judgement and was informed through the results of studies conducted during the planning process (e.g., Needs Assessment/Traffic Analysis, EIS, etc.) and information available at that time. Feedback obtained from the public, review agencies, stakeholders and Indigenous Communities was also considered. This evaluation forms the rational for the identification of the recommended preferred design concept. 7.3 Evaluation of Alternative Design Concepts Table 7-3 and Table 7-4 present the detailed evaluation of alignments for the proposed Walnut Lane Extension and crossing span widths for a clear span bridge over Pine Creek. - 550 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 68 Table 7-3: Evaluation of Road Alignments Category Evaluation Criteria Alternative 1: Central Alignment Alternative 2: North Alignment Alternative 3: South Alignment Technical ◼ Construction complexity, including opportunities to co- ordinate with other projects ◼ All alignments are similar given the proximity of all alignments; however Alternative 1 is slightly more favoured as the Central Alignment is the most direct and shorter route. ◼ Straightforward construction (primarily greenfield construction). ◼ Opportunity to co-ordinate with Liverpool Road Widening (2022). ◼ All alignments are similar given the proximity of all alignments. ◼ Straightforward construction (primarily greenfield construction). ◼ Opportunity to co-ordinate with Liverpool Road Widening (2022). ◼ All alignments are similar given the proximity of all alignments. ◼ Straightforward construction (primarily greenfield construction). ◼ Opportunity to co-ordinate with Liverpool Road Widening (2022). Technical ◼ Potential impacts to all modes of transportation and traffic flow ◼ Similar integration with other modes of transportation and traffic flow for all alternatives. ◼ Additional capacity added to road network All alignment alternatives are expected to perform similarly with respect to traffic flow. ◼ Improved cycling network connectivity. As per the Region of Durham’s Transportation Master Plan and Regional Cycling Plan, Liverpool Road and Kingston Road have both been identified as key corridors to build cycling infrastructure. ◼ Similar integration with other modes of transportation and traffic flow for all alternatives. ◼ Additional capacity added to road network All alignment alternatives are expected to perform similarly with respect to traffic flow. ◼ Improved cycling network connectivity. As per the Region of Durham’s Transportation Master Plan and Regional Cycling Plan, Liverpool Road and Kingston Road have both been identified as key corridors to build cycling infrastructure. ◼ Similar integration with other modes of transportation and traffic flow for all alternatives. ◼ Additional capacity added to road network All alignment alternatives are expected to perform similarly with respect to traffic flow. ◼ Improved cycling network connectivity. As per the Region of Durham’s Transportation Master Plan and Regional Cycling Plan, Liverpool Road and Kingston Road have both been identified as key corridors to build cycling infrastructure. Technical ◼ Access/Egress, including development access locations ◼ All alignments provide similar access to potential development south of the Walnut Lane Alignment. ◼ The current access to 1786 - 1790 Liverpool Rd across from the Liverpool Road off-ramp will be removed as it was not sanctioned by MTO. ◼ Provides access to parcel of land currently bound by Kingston Road (Highway 2), Highway 401, and Liverpool Road. ◼ Improves access – vehicles exiting Highway 401 at Liverpool Road will be able to travel through the ramp terminal intersection to directly access future and existing land uses of commercial and residential complexes directly adjacent to the Highway 401 Westbound Off-Ramp. ◼ All alignments provide similar access to potential development south of the Walnut Lane Alignment. ◼ The current access to 1786 - 1790 Liverpool Rd across from the Liverpool Road off-ramp will be removed as it was not sanctioned by MTO. ◼ Provides access to parcel of land currently bound by Kingston Road (Highway 2), Highway 401, and Liverpool Road. ◼ Improves access – vehicles exiting Highway 401 at Liverpool Road will be able to travel through the ramp terminal intersection to directly access future and existing land uses of commercial and residential complexes directly adjacent to the Highway 401 Westbound Off-Ramp. ◼ All alignments provide similar access to potential development south of the Walnut Lane Alignment. ◼ The current access to 1786 - 1790 Liverpool Rd across from the Liverpool Road off-ramp will be removed as it was not sanctioned by MTO. ◼ Provides access to parcel of land currently bound by Kingston Road (Highway 2), Highway 401, and Liverpool Road. ◼ Improves access – vehicles exiting Highway 401 at Liverpool Road will be able to travel through the ramp terminal intersection to directly access future and existing land uses of commercial and residential complexes directly adjacent to the Highway 401 Westbound Off-Ramp. Technical ◼ Potential development access locations ◼ Provides access to two moderately sized development blocks. ◼ Facilitates largest block of developable land when considering environmental constraints and setbacks. ◼ Provides access to one large development block ◼ Provides access to two moderately sized development blocks Technical ◼ Sightlines ◼ Sightlines are not anticipated to be impacted. ◼ Sightlines are not anticipated to be impacted ◼ Sightlines are not anticipated to be impacted Technical ◼ Impacts to utilities ◼ Similar potential impacts to utilities compared to other alternatives. Potential utility conflicts and relocations to be confirmed during the detailed design phase. ◼ Similar potential impacts to utilities compared to other alternatives. Potential utility conflicts and relocations to be confirmed during the detailed design phase. ◼ Similar potential impacts to utilities compared to other alternatives. Potential utility conflicts and relocations to be confirmed during the detailed design phase. Technical Technical Evaluation Summary - 551 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 69 Category Evaluation Criteria Alternative 1: Central Alignment Alternative 2: North Alignment Alternative 3: South Alignment Natural Environment ◼ Impacts to terrestrial species and habitat, including Species at Risk (SAR) ◼ None present, except Monarch (SC) present in small numbers or moving through in migration. ◼ None present, except Monarch (SC) present in small numbers or moving through in migration. ◼ None present, except Monarch (SC) present in small numbers or moving through in migration. Natural Environment ◼ Impacts to aquatic species and habitat, including Species at Risk (SAR) ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ No aquatic SAR or SAR habitat present. ◼ Moderate in-stream cover (25%) and overhanging shore cover (1-30%) provided by undercut banks and vascular macrophytes; moderately diverse fish habitat. ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ No aquatic SAR or SAR habitat present. ◼ High in-stream cover (35%) and over-hanging shore cover (30-60%) provided by undercut banks, woody debris, and vascular macrophytes; more diverse fish habitat. ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ No aquatic SAR or SAR habitat present. ◼ Low in-stream cover (20%) and overhanging shore cover (1-30%) provided by undercut banks and vascular macrophytes; less diverse fish habitat. ◼ Greater presence of invasive Phragmites australis (opportunity to remove). Natural Environment ◼ Impacts to Wetland ◼ Removes 0.114 hectares of wetland (0.095 hectares MAM2 and 0.02 hectares MAMM1-12). ◼ 60 metres linear crossing of wetland. ◼ Removes 0.194 hectares of wetland (0.123 hectares MAM2 and 0.072 hectares MAMM1-12). ◼ 100 metres linear crossing of wetland. ◼ Removes 0.136 hectares of wetland (MAM2 only). ◼ 70 metres linear crossing of wetland. Natural Environment ◼ Impacts to Terrestrial Vegetation ◼ Removes 0.510 hectares of terrestrial vegetation (0.486 hectares CUM1, 0.022 hectares CUW1 and 0.001 hectares FOD8-1). ◼ Total 0.625 hectares of vegetation removed. ◼ Removes 0.010 hectares of mid-sized trees. ◼ No impacts to regionally rare plants. ◼ Removes 0.434 hectares of terrestrial vegetation (0.248 hectares CUM1, 0.050 hectares CUT1, 0.116 hectares CUW1 and 0.020 hectares FOD8-1). ◼ Total 0.629 hectares of vegetation removed. ◼ Removes 0.160 hectares of mid-sized trees. ◼ No impacts to regionally rare plants. ◼ Removes 0.516 hectares of terrestrial vegetation (0.312 hectares CUM1, and 0.204 hectares CUT1). ◼ Total 0.652 hectares of vegetation removed. ◼ Does not remove any mid-sized trees. ◼ Impacts regionally rare Baltic Rush. Natural Environment ◼ Impacts to wildlife habitat ◼ Loss of 0.625 hectares of habitat used by common wildlife. ◼ Road will bisect area of habitat for common wildlife. ◼ Loss of 0.629 hectares of habitat used by common wildlife. ◼ Road will bisect area of habitat for common wildlife. ◼ Loss of 0.652 hectares of habitat used by common wildlife. ◼ Road will bisect area of habitat for common wildlife. Natural Environment ◼ Impacts to groundwater ◼ Potential impacts from dewatering related to Pine Creek crossing. ◼ Need for groundwater management to be confirmed at detailed design ◼ Potential impacts from dewatering related to Pine Creek crossing. ◼ Need for groundwater management to be confirmed at detailed design ◼ Potential impacts from dewatering related to Pine Creek crossing. ◼ Need for groundwater management to be confirmed at detailed design Natural Environment ◼ Impacts on stormwater quality and quantity ◼ Increase in impervious surface area (less infiltration, more runoff). ◼ Increase in impervious surface area (less infiltration, more runoff). ◼ Increase in impervious surface area (less infiltration, more runoff). Natural Environment ◼ Impacts to Pine Creek Fluvial Geomorphology (Meander Belt) ◼ Located within sub-reach PC-3a-3, classified by the Rapid Geomorphic Assessment as In Transition (stability index of 0.22) ◼ Alignment is not perpendicular to the flow in Pine Creek, Perpendicular crossings are preferred to minimize the length of channel impacted by the crossing ◼ Located within a relatively straight section of planform within the creek, where channel erosion is generally less active than at a meander bend. ◼ To span the meander belt width in this reach the crossing would need to be a span of 36 metres. ◼ Located within sub-reach PC-3a-2, classified by the Rapid Geomorphic Assessment as In Transition (stability index of 0.34) ◼ Within this reach, the channel has recovered sinuosity and is undergoing more active adjustment than in Reach PC-3a-3. ◼ Located on a meander bend, this increases the risk to the crossing and the stream due to active erosion ◼ To span the meander belt width in this reach the crossing would need to be a span of 36 metres. ◼ Located within sub-reach PC-3a-3, classified by the Rapid Geomorphic Assessment as In Transition (stability index of 0.22) ◼ Alignment is not perpendicular to the flow in Pine Creek. Perpendicular crossings are preferred to minimize the length of channel impacted by the crossing. ◼ Located within a relatively straight section of planform within the creek, where channel erosion is generally less active than at a meander bend. ◼ To span the meander belt width in this reach the crossing would need to be a span of 36 metres. - 552 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 70 Category Evaluation Criteria Alternative 1: Central Alignment Alternative 2: North Alignment Alternative 3: South Alignment Natural Environment ◼ Effects of the project on the climate/effects of climate on the project ◼ Potential to increase GHG emissions compared to current emissions. ◼ Potential for stormwater capacity and drainage system issues as the amount of impervious surface areas will increase as a result of the road extension. ◼ Potential for increased sediment transport in Pine Creek. ◼ Potential to increase GHG emissions compared to current emissions. ◼ Potential for stormwater capacity and drainage system issues as the amount of impervious surface areas will increase as a result of the road extension. ◼ Potential for increased sediment transport in Pine Creek. ◼ Potential to increase GHG emissions compared to current emissions. ◼ Potential for stormwater capacity and drainage system issues as the amount of impervious surface areas will increase as a result of the road extension. ◼ Potential for increased sediment transport in Pine Creek. Natural Environment Natural Environment Evaluation Summary Socio-Economic Environment ◼ Effects on planned and future development potential ◼ Facilitates largest block of developable land when considering environmental constraints and setbacks. ◼ Facilitates slightly smaller block of developable lands when considering environmental constraints and setbacks. ◼ Facilitates slightly smaller block of developable lands when considering environmental constraints and setbacks. Socio-Economic Environment ◼ Construction impacts to residences and local business (disruption and nuisance) ◼ Temporary disruption to travelling public and local businesses south of Kingston Road. ◼ Temporary noise anticipated for local businesses during the construction phase. ◼ Access will be maintained, where possible, for businesses south of Kingston Road in the area of the road alignment. ◼ Temporary disruption to travelling public and local businesses south of Kingston Road. ◼ Temporary noise anticipated for local businesses during the construction phase. ◼ Access will be maintained, where possible, for businesses south of Kingston Road in the area of the road alignment. ◼ Temporary disruption to travelling public and local businesses south of Kingston Road. ◼ Temporary noise anticipated for local businesses during the construction phase. ◼ Access will be maintained, where possible, for businesses south of Kingston Road in the area of the road alignment. Socio-Economic Environment ◼ Property requirements ◼ Requires private property (one landowner). ◼ Requires private property (two landowners). ◼ Requires private property (one landowner). Socio-Economic Environment Socio-Economic Environment Evaluation Summary Cultural Environment ◼ Effects on archaeological resources ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment (and further assessments, as required) will be undertaken for the portions of the recommended preferred alignment that retain archaeological potential. ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment (and further assessments, as required) will be undertaken for the portions of the recommended preferred alignment that retain archaeological potential. ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment (and further assessments, as required) will be undertaken for the portions of the recommended preferred alignment that retain archaeological potential. Cultural Environment ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. Cultural Environment Cultural Environment Evaluation Summary Cost ◼ Capital costs ◼ High capital costs (greater than $2.7M when combined with crossing structure over Pine Creek). However, Alternative 1 is the most direct and shortest route compared to other alternatives, resulting in slightly lower costs. ◼ High capital costs (greater than $2.7M when combined with crossing structure over Pine Creek). ◼ High capital costs (greater than $2.7M when combined with crossing structure over Pine Creek). Cost ◼ Operation / maintenance costs ◼ Moderate operation/maintenance costs. ◼ Moderate operation/maintenance costs. ◼ Moderate operation/maintenance costs. Cost Cost Evaluation Summary - 553 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 71 Category Evaluation Criteria Alternative 1: Central Alignment Alternative 2: North Alignment Alternative 3: South Alignment Overall Overall Evaluation Results Recommended Recommended Design Concept? (Yes/No) Yes No No - 554 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 72 Table 7-4: Evaluation of Pine Creek Crossing Span Widths Category Evaluation Criteria Option 1: 25 metres Span Width Option 2: 30 metres Span Width Option 3: 36 metres Span Width Technical Environment ◼ Hydraulic Opening – Impacts to Water Levels ◼ The water surface elevation increases upstream of the proposed structure and upstream of Kingston Road (Hwy 2) by 0.08 metres. ◼ No increase in Regulatory Flood levels upstream of Kingston Road (Hwy 2) – minor increase between HWY 401 and Kingston Road. ◼ The water surface elevation increases upstream of the proposed structure and upstream of Kingston Road (Hwy 2) by 0.05 metres. ◼ No increase in Regulatory Flood levels upstream of Kingston Road (Hwy 2) – minor increase between HWY 401 and Kingston Road. ◼ The water surface elevation increases upstream of the proposed structure and upstream of Kingston Road (Hwy 2) by 0.04 metres. ◼ No increase in Regulatory Flood levels upstream of Kingston Road (Hwy 2) – minor increase between HWY 401 and Kingston Road. ◼ At the time of this publication, the above results are based on a 35 metre span width. ◼ As per TRCA Commitments, additional hydraulic analysis is required during detailed design to inform the bridge span and conceptual design of the crossing. There must be negligible impacts to the floodplain elevation when compared to the existing condition. Technical Environment ◼ Ease of Construction – Complexity/Duration ◼ All options have similar constructability; however, Option 2 would not be accepted as per the TRCA Crossings Guidelines for Valley and Stream Corridors, thereby providing further delays to the project. ◼ A precast bridge design alternative could be considered that will accelerate construction (2-3 months vs 6 months for more traditional alternatives). A precast option is only available for the 25 metre span bridge. ◼ All options have similar constructability; however, Option 2 would not be accepted as per the TRCA Crossings Guidelines for Valley and Stream Corridors, thereby providing further delays to the project. ◼ Longer duration compared to Option 1. ◼ All options have similar constructability; however Option 3 is the least complex in obtaining approval to advance the construction from TRCA as the bridge span must, at minimum, meet the meander belt width (36 metres). ◼ Longer duration compared to Option 1. Technical Environment Technical Environment Evaluation Summary Natural Environment ◼ Impacts to Pine Creek Fluvial Geomorphology (Meander Belt) ◼ Less preferred compared Options 2 and 3. To span the meander belt width the crossing would need to be a span of 36 metres. The closer to this value, the more preferred the option. ◼ 25 metre span is sufficient with proper mitigation. ◼ Opportunity for enhancement. ◼ More preferred than Option 1. To span the meander belt width the crossing would need to be a span of 36 metres. The closer to this value, the more preferred the option. ◼ 30 metre span is sufficient with proper mitigation. ◼ Opportunity for enhancement. ◼ Most preferred compared to both Options 2 and 3. To span the meander belt width the crossing would need to be a span of 36 metres. This span is nearly equivalent to the meander belt width and is therefore the most preferred option ◼ The TRCA Crossings Guidelines for Valley and Stream Corridors, requires all new crossings should ensure the bridge abutments are located outside of, the greater of, the meander belt width and 100-year erosion hazard rate. ◼ Greatest opportunity for enhancement compared to Options 1 and 2. Natural Environment ◼ Impacts/enhancements to aquatic vegetation and species ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ Moderate in-stream cover (25%) and overhanging shore cover (1-30%) provided by undercut banks and vascular macrophytes; moderately diverse fish habitat. ◼ The bankfull width within this section of watercourse ranged from 4.5 to 5.6 metres. The further the crossing from the high-water mark of the watercourse the less the impact to aquatic vegetation and species and the more preferred the alternative. ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ Moderate in-stream cover (25%) and overhanging shore cover (1-30%) provided by undercut banks and vascular macrophytes; moderately diverse fish habitat. ◼ The bankfull width within this section of watercourse ranged from 4.5 to 5.6 metres. The further the crossing from the high-water mark of the watercourse the less the impact to aquatic vegetation and species and the more preferred the alternative. ◼ Less impact to aquatic vegetation and species compared to Options 1 and 2. ◼ General use fish habitat only located at watercourse crossing, no spawning or other critical life stage habitat. ◼ Moderate in-stream cover (25%) and overhanging shore cover (1-30%) provided by undercut banks and vascular macrophytes; moderately diverse fish habitat. ◼ The bankfull width within this section of watercourse ranged from 4.5 to 5.6 metres. The further the crossing from the high-water mark of the watercourse the less the impact to aquatic vegetation and species and the more preferred the alternative. - 555 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 73 Category Evaluation Criteria Option 1: 25 metres Span Width Option 2: 30 metres Span Width Option 3: 36 metres Span Width Natural Environment ◼ Impacts/enhancements to terrestrial vegetation and species ◼ Removal of terrestrial vegetation required as per road alignments evaluation. ◼ No impacts to regionally rare plants. ◼ Native shrub planting and invasive species control will retain or enhance the remaining habitats. ◼ Removal of terrestrial vegetation required as per road alignments evaluation. ◼ No impacts to regionally rare plants. ◼ Native shrub planting and invasive species control will retain or enhance the remaining habitats. ◼ Removal of terrestrial vegetation required as per road alignments evaluation. ◼ No impacts to regionally rare plants. ◼ Native shrub planting and invasive species control will retain or enhance the remaining habitats. Natural Environment ◼ Impacts to Species at Risk ◼ No aquatic SAR or SAR habitat present. ◼ No terrestrial SAR present, except Monarch (SC) present in small numbers or moving through in migration. ◼ No aquatic SAR or SAR habitat present. ◼ No terrestrial SAR present, except Monarch (SC) present in small numbers or moving through in migration. ◼ No aquatic SAR or SAR habitat present. ◼ No terrestrial SAR present, except Monarch (SC) present in small numbers or moving through in migration. Natural Environment ◼ Effects of the project on the climate/effects of climate on the project ◼ Smaller span compared to Options 2 and 3 is less resilient to major storm events. ◼ Smaller span compared to Option 3 is less resilient to major storm events. ◼ Largest span is most resilient to major storm events. Natural Environment Natural Environment Evaluation Summary Cultural Environment ◼ Effects on archaeological resources ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment will be required (and further assessments, as required) during detailed design. ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment will be required and further assessments, as required) during detailed design. ◼ Retains potential for the presence of archaeological resources. ◼ Stage 2 archaeological assessment will be required and further assessments, as required) during detailed design. Cultural Environment ◼ Effects on Built Heritage Resources and Cultural Heritage Landscapes ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. ◼ No potential disturbance to Built Heritage Resources and Cultural Heritage Landscapes. Cultural Environment Cultural Environment Evaluation Summary Cost Capital Costs ◼ Lowest construction of $2.5M (shortest span) compared to other options. ◼ Additional capital costs as the crossing does not span the meander belt width, requiring additional erosion protection to protect the crossing. ◼ Moderate construction costs compared to Option 1. ◼ Additional capital costs as the crossing does not span the meander belt width, requiring additional erosion protection to protect the crossing. ◼ Highest construction cost of $3.8M compared to other options (Largest span). ◼ No additional capital costs required for additional erosion protection to protect the crossing. Cost Operation / Maintenance Costs ◼ Similar operation/maintenance costs. ◼ Similar operation/maintenance costs. ◼ Similar operation/maintenance costs. Cost Cost Evaluation Summary Overall Overall Evaluation Results Recommended Recommended Design Concept? (Yes/No) No No Yes Note: Option 3 was initially evaluated as a 35 metre span. However, based on further agency consultation, Option 3 has since been updated to a 36 metres span width to be equivalent to the meander belt width. The evaluation has been revised since Public Information Centre #2 as a result of further review by the Study Team. - 556 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 74 7.4 Summary of Evaluation and Alternative Design Concepts Selection of a Recommended (Preferred) Alternative Design Concept 7.4.1 Road Alignments The preferred design concept is Alternative 1: Central Alignment based on the following rationale: ◼ Least impact on the natural heritage features (e.g., wetland removal and crossing length) present within the Study Area ◼ Facilitates the largest block of developable land when considering environmental constraints and setbacks ◼ Slightly lower construction cost related to most direct and shortest route All alternatives have similar ranking for the other evaluation categories (i.e., Technical, Archaeology and Culture). 7.4.2 Pine Creek Crossing Span Widths Based on the evaluation, the preferred span width was initially identified as Option 1: 25 metres span width, which was presented at Public Information Centre #2. However, based on further consultation and comments received from TRCA, Option 3: 36 metre span width has been identified as the preferred design concept based on the following rationale: ◼ Meets TRCA Crossings Guidelines for Valley and Stream Corridors (2015). The bridge span is required, at minimum, to meet the meander belt width for new crossings ◼ Best addresses the 100 metre meander belt ◼ Provides opportunity for stream corridor enhancements ◼ Least impact to aquatic vegetation and species The three span widths evaluated have similar ranking for the evaluation category of Cultural Environment. As per the TRCA commitments outlined in Section 10.3.2, the 36 metre span will be subject to more detailed hydraulic analysis, including routing analysis, fluvial geomorphology review and cut fill balance during the detailed design phase of the Project. - 557 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 75 8. Project Description This section of the ESR describes the conceptual design for the proposed Walnut Lane extension, including Pine Creek crossing span. The preferred design concept has been developed and enhanced based on consultation with review agencies, stakeholders and the public. A simplified version of the preferred design concept is illustrated in Figure 8-1. Refer to Appendix H for the complete design templates. 8.1 Design Criteria The design criteria (Table 8-1) for the Walnut Lane extension were developed using the City of Pickering - Engineering Design Criteria (CP) and TAC – Geometric Design Guide for Canadian Roads (TAC). Table 8-1: Design Criteria Criteria Reference (a) Present Conditions Design Standards Proposed Standards Roadway Classification TAC - Ch. 2 Section 2.3.6.3 N/A UCU60 UCU60 Roadway Design Speed (kilometres per hour) TAC – Ch. 2 Section 2.3.6.3 N/A 60 60 Posted Speed (kilometres per hour) Field Inspection (July 2017) N/A 50 50 Minimum Radius of Curvature (metres) TAC – Ch. 3 Table 3.2.4 N/A 120 55(b) Minimum Stopping Sight Distance (metres) TAC – Ch. 2 Table 2.5.2 N/A 85 85 Equivalent Minimum ‘K’ Factor Crest Sag (Headlight) Sag (Comfort) TAC – Ch. 3 Table 3.3.2 and Table 3.3.4 N/A 11 18 8-9 60 35 Minimum Grade (%) CP Engineering Design Criteria N/A 0.5 0.5 Maximum Grade (%) CP Engineering Design Criteria N/A 6.0 1.58 Minimum Lane Width (metres) CP Drawing P-701 N/A 4.875 4.875 Pavement Cross-fall (%) CP Engineering Design Criteria N/A 2 2 ROW Width (metres) CP Drawing P-701 N/A 20 20 Notes: a) Geometric Design is based on City of Pickering - Engineering Design Criteria (CP) and TAC – Geometric Design Guide for Canadian Roads (TAC). b) The design meets minimum radii standards for a design speed of 60 kilometres per hour, with the exception of the first horizontal curve south of Kingston Road (55 metres) due to property constraints. - 558 - 76 Figure 8-1: Simplified Preliminary Preferred Design Concept (a to d) - 559 - 77 Figure 8-1b: Simplified Preliminary Preferred Design Concept - 560 - 78 Figure 8-1c: Simplified Preliminary Preferred Design Concept - 561 - 79 Figure 8-1d: Simplified Preliminary Preferred Design Concept - 562 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 80 8.2 Road Geometry 8.2.1 Horizontal Alignment The proposed horizontal alignment will follow the geometry of the existing section of Walnut Lane in a southerly direction and move easterly on a curvilinear alignment to fit within the constraints of the existing development and to avoid additional property takings. Moving easterly, the new Walnut Lane roadway will cross Pine Creek and tie back to Liverpool Road opposite the Highway 401 E-N/S ramp. The design meets minimum radii standards for a design speed of 70 kilometres per hour, with the exception of the first horizontal curve south of Kingston Road (55 metres) due to property constraints. 8.2.2 Vertical Alignment The vertical alignment of Walnut Lane exceeds the crest and sag curve minimum requirements for a 70 kilometres per hour design speed, with a crest curve K-60 (min K- 17) and a sag curve of K-35 (min K-23). The maximum grade on Walnut Lane is 1.58% (max 6%) and the minimum grade is 0.5% (min. 0.5%). 8.3 Recommended Cross-sections 8.3.1 Road Platform The proposed roadway consists of a two-lane urban cross-section (curb and gutter) with 4.875 metre lanes. A 3.0 metre asphalt-paved multi-use path (MUP) will be provided on the north side of Walnut Lane, and a 1.5 metre concrete sidewalk will be provided on the south side. The posted speed limit will be 50 kilometres per hour. The cross-section of existing Walnut Lane through the developed area has been defined by the existing property and varies in width. In this area, the 3.0 metres MUP and 1.5 sidewalk will be maintained, while the boulevard will be shortened with some curb face locations (sidewalk immediately behind curb). The full 20 metre right of way will be provided where the new roadway is constructed in greenfield, following the City of Pickering typical cross-section drawing P-701. The typical road cross-section is shown in Figure 8-2. - 563 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 81 Figure 8-2: Typical Cross-section - 564 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 82 8.3.2 Bridge Structure A new bridge structure is proposed over Pine Creek. As identified in Section 7.4.2, the proposed bridge is a 36 metre single span precast prestressed concrete girder bridge with integral abutments on H-Piles. The bridge will have a clear opening of 36 metres. The girders are NU1800, with a 225 mm deck slab and 90 mm asphalt and waterproofing system. The bridge crosses Pine Creek at a 20 degree skew, and carries two 3.875 metres lanes of traffic, has two 1.0 metre shoulders, a 3.0 metre multi-use path on the north side, and a 1.5 metre wide sidewalk on the south side. The barrier is a TL-4 Four Tube Steel Barrier. The typical cross-section for the bridge structure over Pine Creek is shown in Figure 8-2. 8.4 Intersections 8.4.1 Walnut Lane and Liverpool Road The proposed intersection at Liverpool Road/Walnut Lane/Highway 401 off ramp will function similar to existing conditions, with the exception of the eastbound left-turn movement that would be prohibited. The Walnut Lane eastbound movement will be right out only with no right turn on red. The existing lane configuration and all moves on the E-N/S Ramp will be maintained. All moves will be maintained for northbound and southbound Liverpool Road, and the Highway 401 E-N/S ramp, plus the addition of a southbound through lane and a dedicated southbound right turn lane. These additional southbound lanes are part of Durham Region’s planned Liverpool Road widening. 8.4.2 Walnut Lane and Kingston Road The existing intersection will largely remain the same, with the exception of the northbound through movement that would be prohibited. Median and channelization islands will be used to physically restrict the prohibited northbound through movement, with the configuration to be determined in detail design. The Region of Durham has plans to widen Kingston Road to include median transit. The design for the intersection will accommodate the future widening, plus the addition of a southbound right-through lane. 8.4.3 Walnut Lane and Pickering Parkway (Future) There is potential for a future connection from Pickering Parkway to Walnut Lane. This intersection would be part of the redevelopment of the Loblaws site and would be located on north side of Walnut Lane, east of Pine Creek. The exact location will be determined at a later date. - 565 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 83 8.5 Road Safety Guide rail will be provided on the approaches to the Pine Creek Bridge. The barrier wall height on the bridge will protect for all users, including cyclists. All pedestrian crossings will be as per OTM Book 18. New signage and pavement markings will be provided on the eastbound approach to Liverpool Road. Additional signage will be provided on both the southbound and eastbound approaches to the intersection of Liverpool Road and Walnut Lane to provide necessary guidance / information to road users on which lane they should be in for accessing Highway 401 versus the Liverpool Road southbound travel lanes. The Walnut Lane eastbound right turn onto Liverpool Road south will be signed as ‘no right turn on red’ to avoid conflicts with other vehicular manoeuvres. 8.6 Preliminary Traffic Calming Plan The findings of the Traffic Calming Study (Appendix A) established the need for traffic calming measures within the Study Area. Based on the findings of the two-stage evaluation process, and subject to a future design exercise and right-of-way considerations, the following preliminary traffic calming plan is proposed for the City’s consideration. The proposed traffic calming measures are shown in Figure 8-3. ◼ Alternate on-street curb-side parking areas between opposite sides along mid-block sections of Walnut Lane to simulate a chicane effect with parked vehicles. ◼ Install two “NO STRAIGHT THROUGH” signs (Rb-10) at the intersection of Kingston Road and Walnut Lane. The “NO STRAIGHT THROUGH” signs are to face northbound motorists and intended to prohibit northbound through movement at the intersection of Kingston Road and Walnut Lane at all times. One of the two signs is recommended to be installed nearside and the other one at the far side of the intersection. Note that as part of the detailed design of Walnut Lane Extension, the City and their consultant would assess needs for, and if needed, the most suitable type of design elements (e.g., smart channels, etc.) to physically prohibit motorists from travelling northbound through the intersection of Kingston Road and Walnut Lane. ◼ Install a “NO LEFT TURN” sign with a tab sign specifying time of between 7:00 a.m. and 9:00 a.m. on weekdays (Rb-12A) facing southbound motorists at the intersection of Dixie Road and Culross Avenue. The “NO LEFT TURN” sign is intended to prohibit southbound left-turning movement from Dixie Road onto Culross Avenue during the weekday morning peak period . - 566 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 84 Figure 8-3: Preliminary Proposed Traffic Calming Measures - 567 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 85 ◼ Install “NO RIGHT TURN” signs with a tab sign specifying time of between 7:00 a.m. and 9:00 a.m. on weekdays (Rb-11A) facing eastbound motorists at the intersection of Glenanna Road and Walnut Lane, the intersection of Glenanna Road and Storrington Street, and the intersection of Glenanna Road and Listowell Crescent. The “NO RIGHT TURN” signs are intended to prohibit eastbound right-turning movements from Glenanna Road onto Walnut Lane, Storrington Street, and Listowell Crescent during the weekday morning peak period. Given that all the properties adjoining and in the vicinity of the studied section of Walnut Lane are residential dwellings, the majority, if not all trips generated in the weekday AM peak period by the residents of Walnut Lane and nearby parallel / intersecting local streets are home-based and destined to their places of work or study. Hence, the proposed turn restrictions during the weekday AM peak period are anticipated to only deter inbound shortcutting traffic that would otherwise (i.e., in the absence of those turn restrictions) travel through the studied section of Walnut Lane. In other words, the proposed measures are anticipated to have only marginal negative impact on accessibility of locals to the studied section of Walnut Lane and the nearby parallel / intersecting local streets because during the weekday AM peak period, the area residents are generally exiting, not entering, the studied section of Walnut Lane and the nearby parallel / intersecting local streets. The proposed measures are also anticipated not to have any negative impacts on non-local traffic access to the school, park, and the tennis club on the north end and the commercial developments on the south end of Walnut Lane. The proposed all-day restriction of northbound through movement at the intersection of Kingston Road and Walnut Lane is expected to not only deter northbound shortcutting traffic through the studied section of Walnut Lane but also to have some negative impacts on accessibility of locals to the studied section of Walnut Lane and the nearby parallel / intersecting local streets. However, the anticipated benefits of the noted all-day restriction in terms of road safety, air quality, noise, among others would be notably greater than the expected negative impacts on accessibility of locals. For the City’s consideration, it is also recommended that a survey is prepared to present and request feedback from the neighbourhood on the traffic calming study findings and the preliminary proposed traffic calming plan. The neighbourhood survey is recommended to be distributed to the following groups only: ◼ The residents and business owners on the section of Walnut Lane between Kingston Road and Glenanna Road as well as the nearby parallel and intersecting local streets, namely, Listowell Crescent, Storrington Street, Culross Avenue, Wollaston Court, and Foleyet Crescent - 568 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 86 ◼ The Vaughan Millard Public School principal ◼ The Glendale Tennis Club president 8.7 Cycling and Pedestrian Facilities A 3.0 metre multi-use path and 1.5 metre sidewalk will be provided on Walnut Lane to facilitate pedestrian and cyclist travel. The barrier wall height on the Pine Creek Bridge will protect for all users, including cyclists. All pedestrian crossings will be as per OTM Book 18. 8.8 Transit Operations There is existing Durham Region Transit and GO Transit on Kingston Road and Liverpool Road. There are currently no plans for transit services to operate along the Walnut Lane extension. Future median BRT (Durham Region) lanes and station platforms will be implemented on the studied section of Kingston Road, including through the intersection of Kingston Road and Walnut Lane. 8.9 Drainage and Stormwater Management Catch basins, manholes and storm sewers will be constructed to facilitate drainage of Walnut Lane, as per the typical section. Walnut Lane and the future Tribute development will share a storm outfall. Co-ordination with Tribute is ongoing. 8.10 Illumination and Traffic Signals Full illumination will be provided on Walnut Lane extension. The new lighting system will blend seamlessly into the existing decorative coachlight lighting system. All street lighting equipment used will be in accordance with the City’s requirements and standards. Permanent traffic signal modifications will be required at the Walnut Lane/Liverpool Road/Ramp E-N/S intersection. The permanent signal PHM-125 drawing will be revised to capture the changes to the intersection and will be submitted it to MTO for review and approval. 8.11 Accesses The road design will control the number of accesses from Walnut Lane. The existing parking lot entrances to commercial and businesses from the Walnut Lane will be reduced to three access points; one to access the parking lot west of Walnut Lane, one to access the Home Depot parking lot, and one for truck access including a fire route (east side of Food Basics). - 569 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 87 The unofficial entrance at Liverpool Road opposite the ramp terminal will be removed. Consultation with the property owner (1786 - 1790 Liverpool Road) is ongoing. A solution to provide a new access is under review. Future entrance locations to the proposed developments east of Pine Creek will be identified and confirmed as part of the site developments plans. A right in/out access will be considered, at a minimum distance of 135 metres from the Liverpool Road and Walnut Lane intersection with the approval of MTO and the Region of Durham. 8.12 Municipal Services and Utilities A 300 mm water main runs along the south side of Kingston Road and along the east side of Liverpool Road to Pickering Parkway. A 300 mm watermain will be placed under the south boulevard of Walnut Lane, as per the typical section. A 200 mm sanitary sewer runs along the south side of Kingston Road. A 600 mm sanitary sewer runs along the west side of Pine Creek to the 1050 mm sanitary sewer that runs along the north side of Highway 401. Future private developments will connect to existing sanitary sewers. New sanitary sewers are not included in the construction of Walnut Lane. Hydro, gas and telecommunications will be located in the south boulevard of Walnut Lane, as per the typical section. 8.13 Geotechnical Features and Pavement Structures Based on the City standard for a two-lane road, the preliminary pavement structure is as follows: ◼ 30 mm HL3 Asphalt ◼ 50 mm HL8 Asphalt ◼ 150 mm Granular A ◼ 300 mm Granular B A detailed geotechnical investigation will be completed to confirm the pavement requirements and bridge foundation requirements during detailed design. 8.14 Loblaws Retaining Wall The existing retaining wall between Pine Creek and Loblaws is in poor condition and should be repaired/reconstructed by the owner of the Loblaws site. This could be co- ordinated with the construction of the Pine Creek crossing structure. - 570 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 88 8.15 Property Requirements The new Walnut Lane roadway corridor (20 metres) has been identified along the existing development and will be acquired by the City. No additional property is required to facilitate this project. The City may wish to acquire property at the pinch point near station 1+240, but this would be part of a redevelopment of that specific site. Pine Creek Corridor Public Ownership Transfer: ◼ As development applications proceed, valley lands (from east top of bank to west top of bank) are to be transferred from the proponent to public ownership. 8.16 Preliminary Construction Cost Estimate The preliminary construction cost is estimated to be approximately $7.7M. This includes the cost associated with the new bridge crossing ($3.8M) and the road ($3.9M). Refer to Appendix I for the breakdown of the preliminary construction cost estimate. 8.17 Implementation Schedule This project could proceed to Detail Design and construction in 2022-2023, subject to council and budgetary approvals. Construction could start in 2023 and is anticipated to take approximately one year to complete. 8.18 Preliminary Land Use and Phasing Plan The parcels of land currently bounded by Kingston Road, Highway 401, and Liverpool Road will be developed first. This includes the Tribute Communities condominium development on the west side of Liverpool Road and north side of Highway 401 that will front the future Walnut Lane roadway. The Tribute Communities development is currently going through the site plan process. The Loblaws property redevelopment would occur in the long term. - 571 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 89 9. Potential Environmental Effects, Mitigation Measures and Monitoring The implementation of the proposed Walnut Lane extension has the potential to create varied environmental effects. Maximizing positive effects while minimizing negative effects has been a key consideration throughout this MCEA study and has been influenced by discussions with stakeholders, review agencies, Indigenous Communities and the surrounding community. Effects can be generally divided into two main categories: construction-related effects and effects related to the operation and maintenance of the project. Negative effects caused by the project are avoided to the extent possible; however, in cases where negative effects cannot be fully avoided, mitigation measures will be required during construction, operation and maintenance of the project. The purpose of this section is to document effects on the following key features, along with proposed mitigation measures to reduce impacts to: ◼ Transportation and Traffic ◼ Technical and Engineering ◼ Natural Environment ◼ Socio-Economic Environment ◼ Cultural Environment The existing conditions (Section 4) were used as baseline conditions against which changes due to the Project (effects) were assessed. These measures will be further refined during the detailed design phase. 9.1 Transportation and Traffic 9.1.1 Street Network 9.1.1.1 Potential Construction Effects The construction of the Walnut Lane extension is anticipated to increase the volume of heavy construction vehicles within the Study Area, considering the extent of excavation and grading activities required, which would involve earth-moving activities and stockpiling. The increase in the volume of heavy vehicles on the road network is anticipated to result in increased average vehicular delays and queue lengths, especially at intersections where construction vehicles are required to make left-turning movements. - 572 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 90 Construction vehicles are expected to be accommodated at off-road launch sites, and therefore, it is not anticipated that these vehicles would occupy curb lanes of nearby roads within the Study Area. The extension of Walnut Lane is not anticipated to result in temporary lane reductions and / or full closures of any nearby roads. 9.1.1.2 Potential Operation Effects The extension of Walnut Lane from the section presently constructed south of Kingston Road eastward to Liverpool Road is anticipated to have a positive impact on the operation of the local road network. Most of the future traffic operational issues within the Study Area are addressed through the Walnut Lane extension. Furthermore, network connectivity will be enhanced with the extension as it would provide access to adjacent mixed-use lands and contribute to materializing the Intensification Plan for the City Centre. In addition, the Walnut Lane extension would allow for development of the parcel of land bounded by Liverpool road to the east, Highway 401 to the south, Kingston Road to the north, and Pine Creek to the west; i.e., it would provide more than one option to access / egress the future development in the southwest quadrant of the intersection of Kingston Road and Liverpool Road. 9.1.1.3 Mitigation Measures and Monitoring Standard best management practices will be applied to minimize disruptions related to construction activities. A construction staging plan will be developed during the detailed design phase and will follow the requirements from Ontario Traffic Manual Book 7 for potential temporary signal timing plans, if required. A traffic analysis of the staging plan may also be considered during detailed design to determine the impacts of construction activities on traffic. If required, adjustments will be made to minimize any identified effects to road users such as scheduling construction works during off-peak periods and overnight hours. Prior to the start of construction activities, haul routes to and from the construction zones would be identified through co-ordination with the City of Pickering and the Region of Durham. Impacts to traffic on the designated haul routes would be minimized by scheduling haul route operations during off-peak hours, where feasible. 9.1.2 Transit Network 9.1.2.1 Potential Construction Effects The construction of the Walnut Lane extension is not anticipated to have direct impacts on the existing transit routes within the Study Area. - 573 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 91 9.1.2.2 Potential Operation and Maintenance Effects The extension of Walnut Lane would enhance the network connectivity, providing access to adjacent mixed-use lands and contributing to materializing the Intensification Plan for the City Centre. This would present opportunities for DRT and GO Transit to improve their transit coverage in the Study Area. 9.1.2.3 Mitigation Measures and Monitoring Prior to the start of construction activities, haul routes to and from the construction zones would be identified through co-ordination with the City of Pickering and the Region of Durham. Impacts to transit services on the designated haul routes would be minimized by scheduling haul route operations during off-peak hours, where feasible. Local transit operators and users would be alerted of potential travel delays to the bus services in advance. 9.1.3 Active Transportation 9.1.3.1 Potential Construction Effects The construction of the Walnut Lane extension is not anticipated to have any impacts on existing active transportation facilities. 9.1.3.2 Potential Operation and Maintenance Effects The provision of the proposed active transportation facilities along Walnut Lane (i.e., a MUP and a sidewalk) would connect pedestrians and cyclists along Liverpool Road and Kingston Road to existing and planned attractions and amenities along Walnut Lane. In addition, the proposed active transportation facilities would complement the planned regional active transportation facilities within the Study Area (i.e., a planned MUP along the studied section of Liverpool Road) and help create a continuous cycling and pedestrian network within the City Centre. It should be noted that the provision of the proposed active transportation facilities would result in additional maintenance commitments in the future. 9.1.3.3 Mitigation Measures and Monitoring The construction of the Walnut Lane extension is not anticipated to impact any of the existing active transportation facilities. Hence, no mitigation measures are recommended at this point. Safety measures and signage will be used where necessary to identify the presence of construction crews and/or activities, and to separate the work area from pedestrians and cyclists. - 574 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 92 9.2 Technical and Engineering 9.2.1 Servicing and Utilities 9.2.1.1 Construction Effects The proposed road network improvements which include new road construction, pavement widening/reconstruction, boulevard construction, and profile and alignment adjustments may conflict with existing utility pole lines or underground services that occupy the existing right-of-way and future. If the proposed work create conflicts with any service or utility (manholes, pedestals, poles, drainage structures, aerial and underground lines) the service or utility may need to be relocated. Utility relocations would occur prior to, or be co-ordinated with, any construction activities for the new road alignment. Construction activities can have a negative effect on utilities as there is the risk that utility infrastructure could be damaged during construction, especially if the exact location of the infrastructure is unknown or incorrectly identified prior to construction activities. Construction may also have a negative effect on utility maintenance, as work zones may inhibit access to existing utility infrastructure. However, these effects are temporary and is a typical risk associated with all construction activities for any project. 9.2.1.2 Potential Operation and Maintenance Effects It is anticipated that there will be no negative effects to utilities as a result of the project once it is in operation. Therefore, no measures are proposed to avoid or minimize the effects of project operation on utilities. 9.2.1.3 Mitigation Measures and Monitoring Mitigation measures to address temporary effects of the project will include: ◼ Co-ordinating with utility providers whose facilities may be affected by the infrastructure; if required, utility relocations will be completed prior to construction ◼ Completing the subsurface utility engineering (SUE) investigation during detailed design, ensuring the location and depth of all underground utilities is accurately established ◼ Provide sufficient notice of utility interruptions to the public (when a utility is switched from an old line to a new relocated line, small interruptions may occur) ◼ Ensure that all utility infrastructure remains in service during construction - 575 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 93 9.3 Natural Environment 9.3.1 Upland Vegetation Cover and Designated Natural Heritage Features 9.3.1.1 Potential Construction Effects Removal of natural vegetation will be one of the main impacts of the Walnut Lane extension. The upland vegetation is of relatively low significance due to the dominance of invasive plant species in most communities. The proposed Walnut Lane extension traverses the middle natural areas occupied by CUT1 and CUM1 communities with a 60 metre length crossing. It crosses a greater area of CUT1 than the other alternatives. Potential negative impacts include: ◼ Loss of upland vegetation cover ◼ Clearing and/or damage to adjacent vegetation outside of the work area ◼ Facilitating further spread of invasive plant species ◼ Damage to vegetation as a result of soil or water contamination (including groundwater) by oils, gasoline, grease and other materials from construction equipment, materials storage and handling Vegetation removal will be required for the road itself but also for areas adjacent where grading is required on terrain sloping down from the road. The east side of Pine Creek is one such area where there was a moderate gradient slope. 9.3.1.2 Potential Operation Effects Once construction activities are completed and the Walnut Lane extension is operational, it is anticipated that there will be minimal impacts on vegetation cover or designated heritage features beyond the initial removal at the construction phase. However, with activity of vehicles utilizing the road extension, as well as road maintenance operation activities may cause some further disturbances. Potential negative impacts include: ◼ Introduction of additional invasive species ◼ Dumping of litter and debris 9.3.1.3 Mitigation Measures and Monitoring It is strongly recommended that vegetation removal occur during the dormant months and be limited to within the construction footprint. Stockpiled materials or equipment - 576 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 94 should be stored within the construction footprint. Construction fencing (or similar delineation) should be installed and maintained to clearly define the construction footprint and prevent accidental damage or intrusion to adjacent vegetated areas being retained. Trees should be felled toward the construction footprint area to reduce damage to adjacent vegetation. Where excavation and/or grading is required within the rooting zone of trees (i.e., within 1 metre of the dripline), proper root pruning measures should be implemented, under the supervision of, or by, a certified Arborist or Forester. All machinery, construction equipment and vehicles arriving on site should be in clean condition (e.g., free of fluid leaks, soils containing seeds of plant material from invasive species) and be inspected and washed in accordance with the Clean Equipment Protocol for Industry (Halloran et al., 2013) prior to arriving and leaving the construction site in order to prevent the spread of invasive species to other locations. Monitoring should be undertaken on a weekly basis during construction to ensure that only specified trees are removed, fencing is intact, and document that there is no damage caused to the remaining trees and adjacent vegetation communities. Construction and/or silt fencing should be repaired if it is damaged. Any damaged trees should be pruned through the implementation of proper arboricultural techniques, under supervision of an Arborist or Forester. Rehabilitation should occur where feasible after construction has been completed. A planting restoration plan should be developed in consultation with the City and TRCA and in accordance with TRCA’s Seed Mix Guideline (2004) and Guideline for Determining Ecosystem Compensation (2018), to compensate for the removal of vegetation within the construction footprint with a focus on increasing the cover by native trees and shrubs; compensation should take into consideration replanting on either a per-stem or per-hectare basis. The top soil layer should be preserved and set aside to be utilized for rehabilitation. Additional mitigation measures specific to trees will be provided in the Tree Inventory and Preservation Plan. Post-planting monitoring of restoration areas should occur for two years following the completion of restoration activities, which will entail two site visits per year during the growing season to confirm survival of plantings and/or seed mix. Should the plantings and/or seed mix not survive, additional seeding and/or plantings should be undertaken one year thereafter with two additional monitoring visits in the following years during the growing season. Post-planting monitoring should also document any new invasive species or spread of existing invasive species post-construction as well as suggest recommendations for additional control, if feasible. An annual report/memorandum will be prepared to document the findings of the post-planting monitoring activities, which will include a photographic log of existing conditions and recommendations for adaptive management. The report will be provided to City of Pickering. - 577 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 95 Monitoring should be undertaken on a weekly basis during construction to ensure that only specified trees are removed, fencing is intact, and document that there is no damage caused to the remaining trees and adjacent vegetation communities. Any damaged trees should be pruned through the implementation of proper arboricultural techniques, under supervision of an Arborist or Forester 9.3.2 Provincially Significant Wetland 9.3.2.1 Potential Construction Effects The wetland communities on the floodplain of the Pine Creek which have been determined to be part of the PSW cannot be avoided. Development is generally prohibited in a PSW, however municipal infrastructure is permissible where it is unavoidable. The proposed Walnut Lane extension requires removal of an estimated 0.115 hectares of the MAMM1-12 and MAM2 wetland communities. Potential negative impacts include: ◼ Loss of wetland vegetation cover that is part of the PSW ◼ Damage to adjacent wetland vegetation outside of the work area ◼ Alteration of the water table through excavation ◼ Impacts to regionally rare Baltic rush ◼ Facilitating further spread of invasive plant species Vegetation removal will be required for the road itself and also some wetland vegetation may be covered where grading is required on terrain sloping down from the road, such as on the east side of Pine Creek. 9.3.2.2 Potential Operation Effects Additional affects may result once the new road is operational. There will be no further loss of vegetation cover. However, vehicles utilizing the road extension and road maintenance activities may cause some further disturbances. Potential negative impacts include: ◼ Introduction of additional invasive species ◼ Contamination of wetland vegetation by road salt and other substances in runoff 9.3.2.3 Mitigation Measures and Monitoring During vegetation removal and excavation care should be taken to minimize the amount of wetland vegetation that is affected. Construction fencing (or similar delineation device) will be installed and maintained to clearly define the construction footprint within - 578 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 96 the wetland and reduce the likelihood of accidental damage or intrusion to adjacent vegetated areas being retained. During detailed design, a Planting Restoration Plan should be developed to enhance adjacent remaining wetland in accordance with TRCA’s Seed Mix Guideline (2004) and Guideline for Determining Ecosystem Compensation (2018b) as well as in consultation with the City of Pickering and TRCA. In addition, control and removal of invasive plant species, particularly to preventing common reed from dominating the more diverse MAM2 community. A plan should be developed to increase the cover of native meadow marsh and thicket swamp plant species. Control of invasive plants may involve digging, smothering with black plastic or herbicide application. The wetland area is likely to succeed to thicket swamp in coming years, therefore incorporating native shrubs is intended to prevent domination by non-native shrubs. The portion of the wetland containing the regionally rare Baltic rush should be avoided from construction and protected by construction fencing. If some of the Baltic rush patch is within the construction footprint it should be dug up and transplanted to another suitable portion of the wetland with similar conditions, as far from the road as possible. The plants should be monitored for two years following construction, which will entail two site visits per year during the peak growing season (May to July) to confirm survival. In accordance with the PPS and NHRM (MNRF, 2010), construction activities must avoid negative effects on MAM communities and downstream negative effects on the PSW through the implementation of prescribed mitigation measures described below. Pine Creek flows into the Provincially Significant Frenchman’s Bay Coastal Wetland Complex 600 metres south of the Project site. The PSW is unlikely to be affected by Project activities. However, construction activities will take place in MAM2 and MAM1- 12 meadow marsh communities. Permanent infrastructure and temporary construction areas will be sited outside of the MAM communities. An undisturbed buffer strip of at least 30 metres in width around the boundary of these wetlands should be maintained wherever possible. Where construction activities occur within 30 metres of a wetland, construction fencing (or similar delineation device) should be installed and maintained to clearly define the construction footprint area to reduce the likelihood of accidental damage or intrusion to wetland. Best Management Practices (BMPs) will be used to maintain current drainage patterns, including: ◼ Minimize paved surfaces and design roads to promote infiltration ◼ Limit changes in land contours to the maximum extent possible ◼ Design and install roadway culverts to maintain existing drainage patterns - 579 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 97 It is anticipated that an Environmental Impact Statement Report from TRCA will be required in support of the O. Reg. 166/06: TRCA Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses to assess the potential impacts on the wetland units within the Study Area. This will be confirmed through consultation with TRCA during the detailed design phase. A Detailed Water Taking Assessment based on geotechnical investigation results should be conducted to determine anticipated groundwater taking quantities, groundwater quality and predicted Zone of Influence (ZOI) prior to construction. Based on this assessment, mitigation measures and a monitoring program for groundwater dependent natural features within the anticipated ZOI should be provided. An Erosion and Sediment Control Plan, prepared prior to the start of construction, will be developed and include plans to monitor and review the environmental impacts predicted and the effectiveness of the mitigation measures identified below and implemented during and post-construction, as well as recommendations for adaptive management. Erosion and sediment control measures such as silt fence barriers, rock flow check dams, compost filter socks or approved alternative should be installed and maintained along the edge of the construction footprint area if within 30 metres of a wetland to minimize potential sediment loading to the wetland feature. Erosion and sediment control measures should be in place until re-vegetation of disturbed areas is complete. Any proposed grading should be scheduled to avoid times of high runoff volumes (spring and fall). The following mitigation measures should be implemented to avoid soil or water contamination: ◼ Ensure machinery is maintained free of fluid leaks ◼ Site maintenance, vehicle maintenance, vehicle washing and refuelling to be done in specified areas at least 30 metres away from wetlands, woodlands, wildlife habitat or waterbodies ◼ Store any stockpiled materials at least 30 metres away from wetlands, woodlands, wildlife habitats or waterbodies ◼ Store any potential contaminants (e.g., oil, fuels and chemicals) in designated areas using secondary containment, where necessary ◼ Keep road ROW clear of garbage and debris ◼ Implement appropriate stormwater management ◼ Use of de-icing alternatives to reduce chloride effects on natural features. The City’s Public Works Section have a Salt Management Plan (2005) in place that is to be updated before the 2022/2023 winter season. The Plan takes direction from Environment Canada’s Code of Practice for the Environmental Management of Road Salts and documents current policies and operational practices. - 580 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 98 9.3.3 Watercourse 9.3.3.1 Potential Construction Effects Clearing and grading of the land to accommodate construction of the Walnut Lane extension will require the removal of vegetation and exposure of soils which can result in sediment runoff discharging into the nearby watercourse. Elevated levels of sediment and related turbidity can reduce the productivity of an aquatic system by clogging the gills of fish, covering fry and eggs within the substrate and reducing prey availability. Sediment deposition within aquatic communities can also lead to changes in bed substrate composition and aquatic vegetation resulting in an alteration of fish habitat. Additionally, the use of construction machinery and vehicles within the Study Area could result in spills or leaks of oil, gasoline and other fluids which could enter the watercourse. During construction of the watercourse crossing, there is potential for disturbance to fish species as well as their habitat. Construction activities near the watercourse have the potential to introduce sediment and increase turbidity within the watercourse, and the activities may also disturb the watercourse substrate and banks. Temporary dewatering of the work area may be necessary during construction of the watercourse crossing. If work area isolation, dewatering, and bypass pumping is not managed properly, there is potential for negative effects to occur to the associated watercourse and fish and fish habitat through incidental death to fish within the work area. 9.3.3.2 Potential Operation Effects Changes to land use can have effects on receiving watercourses, including a change in flow regime and increased erosive potential. As a result of the proposed land use changes, there is potential for a change in flow rate and volume discharging to Pine Creek due to an increase in impermeable surfaces in the Study Area once the new road way is operational. The change in land use has the potential to exacerbate the existing erosion problem within Pine Creek resulting in increased bank undercutting and decreased bank stability. At the watercourse crossing there is potential loss of aquatic habitat as native substrates and aquatic/riparian vegetation are disturbed or removed. 9.3.3.3 Mitigation Measures and Monitoring In order to mitigate the effects of erosion and sedimentation from construction related vegetation clearing and grading, sediment and erosion control measures, including silt fencing, should be installed prior to construction activities. Potential effects during construction of the watercourse crossing can be minimized through appropriate mitigation measures, including but not limited to, the implementation of a erosion and - 581 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 99 sediment control plan. In order to minimize disturbance to aquatic communities during critical periods, any proposed in-water works will need to be restricted to the applicable period to protect sensitive life stages of fish. This timing window will allow for all possible species to complete their reproduction without construction disturbance. A specific in-water work timing window should be determined through consultation with the MNRF; however, a typical timing window for watercourses with a warm water thermal regime and spring spawning species for which in-water work is restricted is March 15 to July 15. An Erosion and Sediment Control Plan should be prepared as part of detailed design and implemented by the contractor prior to the start of construction. Erosion and sediment control measures such as silt fence barriers, rock flow check dams, compost filter socks or approved alternative should be installed and maintained along the edge of the construction footprint area if works within 30 metres of a watercourse are proposed, to minimize potential sediment loading to the watercourse. Erosion and sediment control measures should be in place until re-vegetation of disturbed areas is complete and vegetation is established to a point such that it reduces the likelihood of erosion and sediment mobilization. Monitoring via on-site inspection will be undertaken to confirm the implementation of the mitigation measures and identify corrective actions if required. Monitoring will include inspection of construction fencing/silt fencing to confirm appropriate installation, maintenance and rehabilitation to prevent accidental damage to vegetation or ELC communities outside of the work construction area. Corrective actions may include additional site maintenance and alteration of activities to minimize impacts. All erosion and sediment control measures should be inspected weekly, after every rainfall and significant snow melt event, and daily during periods of extended rain or snow melt. All damaged erosion and sediment control measures will be repaired and/or replaced within 48 hours of the inspection. Construction equipment and vehicle maintenance, washing and refuelling should be done in specified areas at least 30 metres away from the watercourse. Equipment and machinery should be maintained free of fluid leaks. Stockpiled materials and potential contaminants (e.g., oil, fuels and chemicals) should be stored in designated areas at least 30 metres away from the watercourse. - 582 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 100 9.3.4 Breeding Birds 9.3.4.1 Potential Construction Effects Vegetation communities in the Study Area support breeding and nesting habitat for birds. Numerous breeding birds were recorded in the vicinity of the proposed Walnut Lane extension during the 2018 field investigations. Many of them are protected under the MBCA while others receive protection under the Fish and Wildlife Conservation Act, 1997 (FWCA). Any harm or destruction to these birds, their eggs and/or their active nests is prohibited. Potential effects to breeding birds include the following: ◼ Possible mortality of or harm to breeding birds due to vegetation clearing ◼ Possible loss of or damage to bird eggs and/or active nests due to vegetation clearing ◼ Disturbance and/or displacement of breeding birds due to noise These impacts may occur if vegetation removal for the construction of the Project occurs during the overall breeding bird season (April 1 to August 31). The potential effects on breeding birds are considered low provided that the avoidance and mitigation measures described below are implemented. 9.3.4.2 Potential Operation Effects It is not anticipated that breeding birds will be substantially affected by the potential increase in noise and vibration during the operations phase of the Project, as the species occurring in the area within the road ROW are tolerant to disturbances associated with urban settings. 9.3.4.3 Mitigation Measures and Monitoring To avoid contravention of the MBCA and FWCA, vegetation removal should be scheduled to occur outside of the overall bird nesting season of April 1 to August 31 and strictly should not occur within complex habitat, as defined by Environment Canada, during the core bird nesting season of May 1 to July 31, as per Environment and Climate Change Canada’s (ECCC’s) Nesting Calendar for Zone C2 (ECCC, 2018). The majority of the Study Area would be considered complex habitats (aside from cultural meadow communities present). Complex habitats are defined as large habitats with many potential nesting sites where presence of nests would be too difficult to locate by qualified nest searchers due to obstructions in visibility (e.g., tall and dense vegetation cover). Examples of complex habitats include woodlands, thicket and meadow marsh. - 583 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 101 If vegetation removal can’t be avoided within simple and complex habitats during the migratory bird nesting season of April 1 to August 31 , nest and nesting activity searches should be conducted by a Qualified Biologist 24 hours prior to vegetation removal to confirm the presence or absence of nests of migratory birds. If an active nest or confirmed nesting activity of a migratory bird is observed, a species- specific buffer area following ECCC guidelines will be applied to the location of the nest or confirmed nesting activity wherein no vegetation removal will be permitted until the young have fledged from the nest. The radius of the buffer will depend on species, level of disturbance, and landscape context (ECCC, 2016), which will be confirmed by a Qualified Biologist, but will protect a minimum of 10 metres around the nest or nesting activity. The slope of any stockpiled soil material should be reduced and maintained to 70 degrees or less during the breeding bird season (April 1 to August 31) to deter burrow- making birds from nesting in stockpiles. Consideration should be given to covering up equipment, machinery or material left idle for more than 48 hours during the breeding bird season (April 1 to August 31) using bird exclusion methods to prevent migratory birds from accessing and building nests in the constructions site. If a nest is found in the construction site, all work in the immediate vicinity must stop and a Qualified Biologist be contacted to determine appropriate next steps in order to avoid contravention of the MBCA. 9.3.5 Species at Risk No Species at Risk (SAR) were encountered during field investigations and the potential for SAR occurring with the Study Area has been evaluated in Section 4.3.3. Given the small area of the proposed works, poor habitat conditions and intensively developed surrounding lands, it is unlikely that most of the SAR identified through the background review are present. The Study Area was identified to provide marginal habitat for SAR with the potential of occurring SAR bats and Monarch butterfly. 9.3.5.1 Potential Construction Effects Monarch may occur in the Mineral Cultural Meadows (CUM1-1) within the Study Area, of which 0.21 hectares is anticipated to be removed for the preferred Alternative; however, this species does not receive protection under the ESA but receives protection under the PPS 2020. - 584 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 102 If any snags containing roosting or maternity cavities with SAR bats are identified, potential negative effects would include: ◼ Possible mortality of or harm to bat SAR due to vegetation clearing when bats are present ◼ Possible loss of or damage to bat SAR residences or habitat due to vegetation clearing ◼ Disturbance and/or displacement of bat SAR due to noise The four potential SAR bats may forage widely but depend on the presence of suitable snags or cavity trees with a DBH of ≥10 cm for roosting. Habitats capable of supporting bat maternity colonies (e.g., CUW, CUP and FOD), as identified by MNRF’s Technical Note Species at Risk (SAR) Bats (2015), may be affected by construction activities, particularly during the most sensitive maternity roosting period of June 1 to July 31. Bats may also roost in isolated snag or cavity trees; therefore, removal of these snags or cavity trees may also result in negative effects if removed during the bat roosting season of April 1 to September 30. A minimal amount of 0.02 hectares of the Cultural Woodland (CUW1) may require tree removal; however, if assumed bat SAR are present, this nominal amount is not anticipated to impair or eliminate the function of habitat for supporting bat life processes provided that removal of trees be undertaken outside of the bat active season. 9.3.5.2 Potential Operation Effects Impacts during the operation phase on SAR bats are not anticipated beyond the initial removal of any SAR bat habitat identified during the construction phase. 9.3.5.3 Mitigation Measures and Monitoring Based on the design available at the time of preparation of this EIS report, minimal tree removal may be required within the Cultural Woodland (CUW1). Removal of 0.02 hectares of the Cultural Woodland (CUW1) is not anticipated to eliminate or impair the function of the potential roosting habitat such that authorization under the ESA would be required provided that tree removal occurs outside of the bat active season (refer to Item #46). However, if the amount of tree removal increased during detail design in the Cultural Woodland (CUW1), the need for additional species-specific surveys to confirm suitable habitat and/or presence of bat SAR following the protocols described by MNRF (2017), as well as, authorization from MECP will need to be re-assessed during detail design. The following are the proposed general mitigation measures to be confirmed with MECP: ◼ Removal of any trees or woody vegetation should be scheduled to occur outside of April 1 to September 30 to avoid potential to effect snags with roosting bats - 585 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 103 ◼ A qualified Environmental Monitor would monitor the removal of suitable cavity trees The Monarch is a SOCC that is not protected under the ESA; however, it receives some protection under the PPS (2020) and other municipal planning documents. Vegetation removal will be required within this habitat; however, planting native, herbaceous flowering plants in temporarily disturbed areas or incorporating these into the restoration plan will minimize effects on this SOCC and its habitat. 9.3.6 Wildlife and Wildlife Habitat 9.3.6.1 Potential Construction Effects As determined by the Significant Wildlife Habitat (SWH) screening exercise summarized in Section 4.3.4, no confirmed or candidate SWH have been identified within the Study Area. Nevertheless, the vegetation within the Study Area provides habitat for some common wildlife species and impacts to them are likely but should be avoided where possible. Activities such as permanent vegetation removal and increased noise and vibrations may lead to adverse effects on these habitats. Potential negative Impacts include: ◼ Mortality of or harm to wildlife due to vegetation clearing ◼ Loss of or damage to wildlife habitat due to vegetation clearing ◼ Disturbance and/or displacement of wildlife due to noise 9.3.6.2 Potential Operation Effects The Walnut Lane extension can pose a risk to the wildlife and wildlife habitat in the area after construction activities are completed. These risks associated with new traffic can include: ◼ Roadkill: mortality of wildlife as result of vehicles using road ◼ Increase in lighting and noise disturbing wildlife 9.3.6.3 Mitigation Measures and Monitoring Efforts to reduce negative effects on wildlife and wildlife habitat as a result of the road extension can include: ◼ If wildlife is encountered, measures will be implemented to avoid destruction, injury, or interference with the species, and/or its habitat. For example, construction activities will cease or be reduced, and wildlife will be - 586 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 104 encouraged to move off-site and away from the construction area on its own. A qualified Biologist will be contacted to identify next steps if wildlife does not move on its own and is in harm’s way. ◼ Lighting to be focused downwards and away from Natural Core Areas. ◼ Restore temporarily disturbed construction areas in cultural meadows with native. herbaceous, flowering plants to restore pollinator habitat wherever possible ◼ Vegetation removal will not occur between April 1 and September 30. ◼ Garbage control and anti-littering on construction site to minimize terrestrial predators (e.g., raccoons, skunks) 9.3.7 Net Effects Assessment Net environmental impacts are those impacts that remain or are residual after avoidance, standard mitigation and compensation measures have been implemented. The following criteria were applied during the assignment of net effects. Impacts caused by the proposed development were considered relative to the significance and sensitivity of the ecological feature and/or function. Table 9-1 and provides an outline of the net effects predicted from the Walnut Lane extension. ◼ No Net Effect – Indicates no measurable impact to the identified ecological features. ◼ Low Net Effect – Indicates loss of habitat possessing limited potential habitat value, and/or loss of a portion of habitat, which will not result in long-term impact to the remaining habitat and/or reduction in associated key ecological functions. ◼ Medium Net Effects – Indicates loss of habitat possessing moderate potential habitat value, and/or loss of a portion of habitat that may result in long-term impacts to the remaining habitat, and/or loss of associated key ecological functions. ◼ High Net Effects – Indicates loss of habitat possessing significant potential habitat value, and/or loss of a portion of habitat that may result in long-term and potentially critical impacts to the remaining habitat, and/or significant loss of associated key ecological functions. After the implementation of avoidance and mitigation measures, the total net effect on the natural environment is anticipated to be low. - 587 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 105 Table 9-1: Net Effects Assessment Net Effect Source of Potential Effect Potential Areas Effected / Potential Effects Mitigation / Compensation Anticipated Net Effects / Rationale Potential Short- term Impacts - Construction ◼ Construction related runoff contributing to erosion of soils ◼ Throughout Study Area ◼ Installation and maintenance of erosion and sediment control measures. NO NET EFFECT ◼ Proper installation and monitoring of sediment control fencing can prevent deposition of fill and sedimentation. Potential Short- term Impacts – Construction ◼ Damage and Disturbance to Adjacent Natural Features ◼ Potential areas affected include natural heritage features present within the Study Area including the wetland and upland cultural communities. ◼ Implementation of buffers to provide setback from natural heritage communities ◼ Installation of protective fencing. ◼ Access restrictions/prohibition. (-) NO – LOW NET EFFECT ◼ Implementation of appropriate setbacks and proper installation of protective fencing and restriction of access can prevent potential effects. Potential Short- term Impacts - Construction ◼ Degradation of soil/water quality through compaction/ contamination ◼ Throughout Study Area ◼ Implementation of buffers to provide setback from natural features. ◼ Installation of protective fencing. ◼ Access restrictions/prohibition including maintenance and refuelling stations located away from natural features. ◼ Regular equipment and machinery inspections to reduce the risk of leaks or risks of soil or water contamination. NO NET EFFECT ◼ Implementation of appropriate setbacks and proper installation of protective fencing, restriction of access and proper locating of maintenance and refuelling stations can prevent potential effects. Potential Short- term Impacts - Construction ◼ Disturbance to wildlife through construction and related noise impacts ◼ Disturbance to breeding birds, fish, mussels and other wildlife ◼ Restriction of construction to 7:00 a.m. to 7:00 p.m.; ◼ Where feasible, restrict construction activities to periods outside of sensitive wildlife periods (i.e., bird nesting period of April 1st to August 31st, bat roosting period of April 1st to September 30th, adherence to in-water works period determined in consultation with Ministry of Northern Development, Mines, Natural Resources and Forestry) (-) LOW NET NEGATIVE EFFECT ◼ With the implementation of restrictions to the timing of construction disturbance to birds & wildlife can be reduced. Potential Long- term Impacts ◼ Removal of natural communities ◼ Removal of 0.114 hectares of wetland, 0.001 hectares of the FOD8-1, and 0.217 hectares of CUM1 will be required for the preferred alternative. ◼ Implementation of appropriate setbacks and erosion and sediment control fencing to define the construction footprint area and prevent accidental removal. ◼ Restoration plan (to be developed with the City of Pickering and the TRCA) including planting of native species to compensate for the removal of vegetation within the construction footprint and the control of invasive species. ◼ Restriction to vegetation removal within natural features outside of sensitive wildlife periods (i.e., bird nesting period of April 1st to August 31st, bat roosting period of April 1st to September 30th) to avoid incidental take. (-) LOW NEGATIVE EFFECT ◼ Retaining portions of the natural communities, along with native plantings and invasive species control within these communities will retain and enhance the remaining habitat. Potential Long- term Impacts ◼ Changes to water quality and quantity ◼ Throughout Study Area – increase in surface runoff and potential for decrease in water quality due to sediment loading and water contamination. ◼ Maintain existing drainage patterns and implement appropriate stormwater management for the new section of road; utilize alternatives for de-icing to reduce chloride effects on natural features (-) LOW - NO NEGATIVE EFFECT ◼ The implementation of SWM facilities and BMPs, if executed as designed, should mitigate water quality and quantity impacts. Potential Long- term Impacts ◼ Disturbance to wildlife through lighting ◼ Throughout Study Area. ◼ Limit or relocate lighting in areas adjacent to Natural Heritage Features and to select lighting standards that minimize diffuse light. ◼ Light standards and fixtures can also be shielded to reduce the direct light exposure to natural areas. (-) LOW NEGATIVE EFFECT ◼ With the implementation of proper light location and position disturbance to wildlife in adjacent natural features can be reduced. Potential Long- term Impacts ◼ Disturbance to wildlife through noise and vibration ◼ Throughout Study Area. ◼ Existing noise impacts are present within the surrounding landscape. ◼ Implementation of planted landscape buffers to reduce noise effects (-) LOW NEGATIVE EFFECT ◼ Impacts can be reduced with the implementation of suitable landscape buffer zones. Potential Long- term Impacts ◼ Buffer Implementation ◼ Wetland communities will be buffered using native species. ◼ Will increase natural vegetation and wildlife habitat with existing Natural Heritage Features. (+) NET POSITIVE EFFECT ◼ The added buffer will increase vegetation cover and wildlife habitat within the Study Area. - 588 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 106 9.3.8 Fluvial Geomorphology - Crossing Design 9.3.8.1 Potential Construction Effects There is the potential to impact Pine Creek channel form and function during construction. 9.3.8.2 Potential Operation and Maintenance Effects When crossings are placed over a watercourse without due consideration of the geomorphological processes that are occurring within the watercourse, risks to the crossing structure and/or channel form and function may occur. Crossings situated along a watercourse interact with, and exert an influence on, channel processes. The scientific literature has identified common impacts of watercourse crossings both on channel functions and on aquatic species. In some situations, impacts of a crossing on the channel result in a risk to the crossing. Specific to Pine Creek, the following concerns have been noted: ◼ Channel morphology is significantly influenced by the Kingston Road and Hwy 401 culverts, which act as grade controls ◼ Channel has recovered its sinuosity particularly in sub-reach PC-3a-2 ◼ Deformation of the channel bed has developed large scour pools creating an alternating thalweg with channel migration anticipated 9.3.8.3 Mitigation Measures and Monitoring The continued evolution of Pine Creek from a straight to meandering channel needs to be taken into consideration in the location and configuration of the new crossing. Initial crossing-specific design recommendations are: ◼ To span the Meander Belt Width (MBW), a 36 metre crossing span would be required. This approach would allow natural processes to occur over the next 100 years, through which the creek is recovering its sinuous planform. ◼ At minimum, the new crossing will need to span the bankfull width of the channel (6 metres), with additional allowance for localised channel adjustment over the lifespan of the structure (e.g., the next 50 years). This is particularly the case if the crossing is located within sub-reaches PC-3a-2 or PC-3a-3, since these are the areas undergoing planimetric adjustment. ◼ If the crossing does not span the MBW, additional erosion protection will be required to protect the crossing. This would apply to the recommended 25 - 589 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 107 metre span width. Erosion protection disturbs natural geomorphological processes and typically has a negative impact on creek integrity in the long- term. ◼ It is recommended that a fluvial geomorphologist is directly involved in the detailed design of the new proposed crossing in order to specifically address the observed geomorphological issues along Pine Creek, namely re- meandering of the creek. Refer to the Fluvial Geomorphology Assessment (Appendix C) for the general crossing design recommendations. In addition, the following channel rehabilitation opportunities can be considered as part of the proposed 36 metre road crossing of Pine Creek at Walnut Lane. These restoration options are associated with the proposed crossing location, as well as at the existing bank failure located near the Loblaws parking lot and should be further refined with the updated HEC-RAS model completed as part of the detailed design work. The following options to consider are: ◼ 100-year erosion rate – based on the 100 year erosion rate, a proposed span of 36 metres is greater than the bankfull width of the channel plus an erosion rate of 5 metres on either side of the channel (approximately 16 metres total). This implies there is adequate space for the watercourse considering the lifespan of the structure. If additional protection measures are required, the following can be considered: ◼ Buried Offset Protection – The buried offset protection would be installed between the watercourse and the bridge abutments. The buried offset protection typically consists of stone and/or woody debris and provides additional protection should lateral migration of the channel occur. This type of protection has no construction impact to the channel as it is installed between the top of bank and the abutment. ◼ Bank Protection – Sub-angular Stone / Vegetated Riprap – Bank slopes of Pine Creek would potentially be armoured and protected with hydraulically sized sub-angular stone with vegetation incorporated in it (where possible) to provide habitat benefits. This option will limit the lateral movement of the channel where the stone is placed. Size of stone depends on the hydraulic properties of the watercourse. Incorporation of vegetation (i.e., vegetated riprap) will be constrained by accessible sunlight, which will be limited at the proposed road crossing. - 590 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 108 ◼ Bank Protection - Vertical / Near Vertical Bank Protection – Due to the steeper bank slopes located near the Loblaws parking lot, vegetated riprap will not be possible to use for restoration at this location. Vertical or near vertical treatment types such as vegetated geogrids, brush layering, and armourstone should be considered and will be dependent on the hydraulic properties of the watercourse, as well as its tie-in with existing bank revetments (existing gabion baskets present). If vertical or near vertical treatments are not an option, then channel alignment adjustments could also be considered. 9.3.9 Drainage and Stormwater Management 9.3.9.1 Potential Construction Effects No adverse effects related to stormwater and flooding are anticipated to occur during construction. 9.3.9.2 Potential Operation and Maintenance Effects A 36 metre span bridge over Pine Creek will meet design criteria that includes no increase in Regulatory Flood levels upstream of Kingston Road (Highway 2). The proposed Pine Creek crossing will result in the loss of storage, and as such, an updated routing analysis is required to establish the new fixed water surface elevation (WSE) upstream of Highway 401 and a cut-fill balance exercise will need to be completed. These activities will be carried out during detailed design. 9.3.9.3 Mitigation Measures and Monitoring Catch basins, manholes and storm sewers will be constructed to facilitate drainage of Walnut Lane, as per the typical section with reference to MECP’s Stormwater Management Planning and Design Manual (2003) and applicable guidelines. Walnut Lane and the future Tribute Communities development will share a storm outfall. Co- ordination with Tribute Communities is ongoing. A new outlet (ditch) is anticipated in order to convey runoff within Walnut Lane extension from Brookdale Centre to west of Pine Creek and within Walnut Lane extension from Liverpool Rd to east of Pine Creek. A stormwater management plan will be submitted during the detailed design phase as per TRCA’s criteria for Pine Creek outlined in their December 21, 2020 correspondence, and in accordance with MECP’s Stormwater Management Planning and Design Manual (2003). - 591 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 109 9.3.10 Groundwater 9.3.10.1 Construction Effects There is a potential need to control groundwater during construction (areas of deep excavations) at Pine Creek. The construction dewatering may affect surface water levels within Pine Creek. Uncontrolled and untreated dewatering discharge has a potential to create erosion and other negative impact to Pine Creek. This will depend on the dewatering daily volume and effluent discharge location. 9.3.10.2 Operation and Maintenance Effects Operation of the new Walnut Lane roadway has a potential to contaminate local groundwater system by road salt during the winter season. 9.3.10.3 Mitigation Measures and Monitoring To minimize potential effects during construction, operation, and maintenance of the project, best management practices need to be applied by the City. 9.3.11 Source Water Protection 9.3.11.1 Construction Effects The Study Area transects a portion of a Highly Vulnerable Aquifer (HVA) with a vulnerability score of 6. No adverse effects to groundwater resources are anticipated. 9.3.11.2 Operation and Maintenance Effects Operation of the Walnut Lane extension has a potential to contaminate local groundwater system by road salt during winter season. 9.3.11.3 Mitigation Measures and Monitoring To minimize potential effects during construction, operation, and maintenance of the project, best management practices should be applied by the City. In addition, the City’s Public Works Section has a Salt Management Plan in place that is to be updated before the 2022/2023 winter season. The Plan takes direction from Environment Canada’s Code of Practice for the Environmental Management of Road Salts and documents current policies and operational practices. - 592 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 110 In addition, to reduce the application of salt, all of the City’s salters are calibrated prior to start of winter and all have ground speed sensors. 9.4 Socio-Economic Environment 9.4.1 Noise 9.4.1.1 Potential Construction Effects There is potential for temporary noise effects to businesses within the Study Area as a result of construction of the Walnut Lane extension. The severity of construction noise impact at Noise Sensitive Areas (NSAs) is dependent on various factors such as type of activity, its location relative to sensitive receptors, time of operation and size of equipment. However, these effects are all temporary in nature. 9.4.1.2 Potential Operation and Maintenance Effects As identified in Section 4.4.1 it is anticipated that during operation of the road, the change in noise level due to the Walnut Lane extension is expected to be negligible and not exceed the MTO/MOE objective limits. 9.4.1.3 Mitigation Measures and Monitoring Recommendations relating to the management of construction noise include: ◼ Contract documents provided to the contractor should contain general noise control measures to mitigate the noise impact at NSAs including standard clauses regarding equipment noise ◼ A noise complaint process may be set in place. Any initial complaint from the public will require verification by the City that all noise control measures to be applied are in effect ◼ Construction activities undertaken during the project should confirm to the City of Noise By-law ◼ Where adherence to the local Noise By-law is not possible and mitigation is not feasible, an exemption should be obtained from the City before construction - 593 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 111 9.4.2 Air Quality 9.4.2.1 Potential Construction Effects Construction activity creates and releases fine particulates and traces of other vapours into the surrounding community. Emissions from construction of the Walnut Lane extension will be temporary and are not anticipated to have long-lasting effects on the surrounding area. Construction activities which potentially prove most impactful to the local air quality include, but are not limited to: ◼ Clearing and grubbing ◼ Grading and rock blasting ◼ Road and surface paving ◼ Storage of granular material ◼ Structure construction/deconstruction ◼ Mobile on-site equipment Construction activities may result in temporary traffic disruption and detour, which can lead to increased traffic congestion, thereby increasing motor vehicle exhaust emissions on nearby roadways, and could result in elevated localized contaminant concentrations. Compared with emissions from the larger volume of other motor vehicle sources in the Air Quality Study Area, emissions from construction equipment and trucks are generally insignificant with respect to compliance with the Provincial and Federal ambient air quality standards. Fugitive dust is a common contaminant from construction sites with the increased exposure and constant movement and disturbance to uncovered soil. High winds and dry meteorological conditions will exacerbate the release of fugitive dust to the surrounding community of a construction site. Fugitive dust emissions can result from movement of construction equipment and transport of materials to and from a construction site. Fugitive dust would generally be a problem during periods of intense construction activity and would be accentuated by windy and/or dry conditions. 9.4.2.2 Potential Operation and Maintenance Effects The Walnut Lane Extension will include altered predicted vehicular air emissions from traffic travelling along the selected recommended alternative due the extension of Walnut Lane between Kingston Road and Liverpool Road. - 594 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 112 Traffic modelling was completed for both future do-nothing scenarios and the preferred central alignment implementation on a 2027 horizon year. The PM Peak Hour traffic volume for representative future do nothing and future build build-out conditions (Alignment 1) is provided in Table 9-2 for all significant sources of existing road traffic. Table 9-2: Future Traffic Data within the Air Quality Study Area Road Year Future Do- Nothing PM Peak Hour (# vehicles) Build PM Peak Hour (# vehicles) % Change from Future Do-Nothing Kingston Road, west of Walnut Lane 2027 2,784 2,874 3% Kingston Road, east of Walnut Lane 2027 3,069 3,057 0% Kingston Road, west of Liverpool Road 2027 3,157 2,970 -6% Kingston Road, east of Liverpool Road 2027 2,734 2,849 4% Walnut Lane, north of Kingston Road 2027 184 184 0% Walnut Lane, south of Kingston Road 2027 707 1,545 119% Walnut Lane, west of Liverpool Road 2027 1,405 1,016 -28% Highway 401E-N/S ramp 2027 732 732 0% Liverpool Road, north of Kingston Road 2027 2,100 2,100 0% Liverpool Road, between Kingston Road and Pickering Parkway 2027 3,259 2,459 -25% Liverpool Road, between Pickering Parkway and Walnut Lane 2027 4,028 2,224 -45% Liverpool Road, south of Walnut Lane 2027 3,426 3,426 0% Pickering Parkway, west of Liverpool Road 2027 593 593 0% Pickering Parkway, east of Liverpool Road 2027 1,680 1,565 -7% The predicted increase in AADT traffic along Walnut Lane has the greatest potential increase on air quality impact at the nearby future sensitive and critical receptors, CR1, SR1, SR2, and SR3 with projected traffic increase of 119%. The sensitive receptors SR9 and SR10 are also expected to experience a slight decrease in traffic levels and thus, a decreased air quality impact but to a much lesser extent than sensitive receptors SR1, SR2, and SR3 and critical receptor CR1. It is worth noting that without the project development, CR1, SR1, SR2, and SR3 would be without road access, which makes this project a necessary component of the development. In addition, the development of the project shows reduced peak PM traffic volumes on other key arterial roads within the project Air Quality Study Area, such as Kingston Road and Liverpool Road, which will help reduce the overall air quality impact on other sensitive receptors and critical receptors within the area. - 595 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 113 Even with the expected increases in traffic levels, continuing improvement of vehicle emissions from new vehicles entering the market over a 20-year future projection span, including new hybrid and electric vehicles, and the removal of older high-emission vehicles from the road are expected to lead to air quality impact reductions. While the project shows air quality impacts when compared to the do-nothing scenario, the main contributing source to air quality within the local area will remain the Highway 401, which is directly to the south of the project Study Area. 9.4.2.3 Mitigation Measures and Monitoring Exposure to construction-related emissions can be mitigated by the following: ◼ Ensuring all mobile equipment is in good condition, properly and regularly maintained, and compliant with applicable federal and provincial regulations for off-road diesel engines ◼ Ensuring all machinery is maintained and operated in accordance with manufacturer’s specification ◼ Locating stationary equipment (generators, compressors, etc.) as far away from critical and sensitive receptors as practical ◼ Minimizing idling time and posting signage to this effect around the construction site ◼ Ensuring stationary and mobile equipment are not operated during early morning (before 6:00 a.m., or sunrise) or evening periods (after 8:00 p.m., or sunset) as often as practical ◼ Implementing a Dust Management Plan for the duration of the construction phase, which includes practices to minimize fine particulate release from mobile equipment, materials handling, and wind erosion ◼ Ensuring that the areas most impacted by particulate levels are vegetated (i.e., tree planting) to reduce the cumulative particulate impacts ◼ All equipment and vehicles should be kept properly maintained and repaired to minimize exhaust emissions, including odours ◼ Excessive idling of vehicles and equipment (greater than five minutes) should be minimized. Other potential mitigation measures may include the use of alternative-fuelled or electric equipment where feasible Site supervisors during the construction phase should monitor the site for wind direction and weather conditions to ensure that high-impact activities be reduced when the wind is blowing consistently towards nearby critical and sensitive receptors. The site - 596 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 114 supervisor should also monitor for visible fugitive dust and take immediate action to determine the root-cause in order to counteract this. Specific details to this effect should be included in the construction site Dust Management Plan. 9.4.3 Property 9.4.3.1 Potential Construction Effects The new Walnut Lane roadway corridor (20 metres) has been identified along the existing development and will be acquired by the City. No additional property is required to facilitate this project. The City may wish to acquire property at the pinch point near station 1+240, but this would be part of a redevelopment of that specific site. Pine Creek Corridor Public Ownership Transfer: ◼ As development applications proceed, valley lands (from east top of bank to west top of bank) are to be transferred from the proponent to public ownership 9.4.3.2 Potential Operation and Maintenance Effects As noted in Section 9.4.4, property impacts include that the proposed Walnut Lane Extension will displace the existing access to the Makimono Japanese Restaurant/TD Bank parking lot from Liverpool Road (opposite the Highway 401 westbound off-ramp). 9.4.3.3 Mitigation Measures and Monitoring During detailed design, opportunities to further minimize property impacts will be reviewed. Consultations with affected owners will continue to confirm and address ultimate property impacts. 9.4.4 Operation of Businesses and Institutions, including Access 9.4.4.1 Potential Construction Effects There are effects to business operations during construction. The construction of the Walnut Lane extension is anticipated disrupt access within the Study Area. The current access from Liverpool Road opposite the Highway 401 westbound off-ramp is located within the Highway 401 Controlled Access Highway designation and is not sanctioned by the Ministry of Transportation. This access will be removed as part of this Walnut Lane extension. Providing an access from the proposed Walnut Lane extension west of Liverpool Road is problematic and has been ruled out due to the need to acquire property, difficult topography and tight turning radii. The current access from - 597 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 115 Liverpool Road opposite the Highway 401 westbound off-ramp will remain in place / operational until the proposed Walnut Lane extension is under construction. The extension of Walnut Lane is not anticipated to result in temporary lane reductions and / or full closures of any nearby roads. 9.4.4.2 Potential Operation and Maintenance Effects The Walnut Lane Extension will displace the existing access to the Makimono Japanese Restaurant/TD Bank parking lot from Liverpool Road (opposite the Highway 401 westbound off-ramp). This means that access to the restaurant and bank will only be from the current right in, right out access off southbound Liverpool Road, south of Pickering Parkway. Furthermore, network connectivity will be enhanced with the extension as it would provide access to adjacent mixed-use lands and contribute to materializing the Intensification Plan for the City Centre. In addition, the Walnut Lane extension would also allow for development of the parcel of land bounded by Liverpool road to the east, Highway 401 to the south, Kingston Road to the north, and Pine Creek to the west; i.e., it would provide more than one option to access / egress the future development in the southwest quadrant of the intersection of Kingston Road and Liverpool Road. 9.4.4.3 Mitigation Measures and Monitoring Prior to construction, notices and contact information should be delivered to property owners and businesses within the Study Area informing them of construction details. Standard best management practices will be applied to minimize access disruptions related to construction activities. A construction staging plan will be developed during the detailed design phase. 9.4.5 Proposed or Planned Development/Infrastructure Improvements 9.4.5.1 Potential Construction Effects Temporary property impacts on developable lands are anticipated. See Section 4.4 for proposed or planned development and infrastructure improvements within the Study Area. 9.4.5.2 Potential Operation and Maintenance Effects While the construction of the Walnut Lane extension may affect properties with development potential, the road will ultimately help to unlock the development potential - 598 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 116 for the parcel of land bounded by Liverpool Road to the east, Highway 401 to the south, Kingston Road to the north, and Pine Creek to the west. 9.4.5.3 Mitigation Measures and Monitoring During detailed design, opportunities to minimize impacts to properties with development potential will be reviewed along with continued consultation with affected property owners to confirm and address anticipated property impacts. 9.4.6 Aesthetics and Property Use 9.4.6.1 Potential Construction Effects There is potential for temporary visual effects to businesses associated with construction sites, including heavy machinery and nuisance effects such as dust and noise. 9.4.6.2 Potential Operation and Maintenance Effects The proposed Walnut Lane Extension will impact the local viewscape through future development of this area. 9.4.6.3 Mitigation Measures and Monitoring A landscaping plan will be developed during the detailed design phase of the Project to enhance streetscaping features. 9.4.7 Climate Change Effects of climate change on a project as well as a project’s effect on climate change are important considerations for project planning; i.e., climate change adaptation and mitigation. Climate change is now being integrated into infrastructure planning and design as a way of building more resilient and robust systems. Incorporating sustainability and resiliency early on in the decision-making process provides a level of flexibility and allows for changes in future weather and climate uncertainty to be incorporated into project design. Climate change trends across Ontario show that temperatures are increasing across all seasons, precipitation patterns are changing, and extreme weather events are becoming more intense and frequent. Planning to account for these changes in historical averages, as well as shorter-term more extreme events, is challenging but essential. - 599 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 117 9.4.7.1 Potential Construction Effects Potential climate change effects to consider during construction include the greenhouse gas (GHG) emissions associated with the construction period, including the physical machinery and equipment, travel distance and time for construction workers to get to and from the site, and the sourcing of building materials. Further, vegetation within the construction footprint which helps to sequester GHGs will be removed. 9.4.7.2 Potential Operation and Maintenance Effects Climate change impacts are also related to the operation and maintenance of the constructed Walnut Lane extension, as the transportation sector is one of the biggest contributors to carbon dioxide (CO2) levels which is a primary GHG emitted through human activities. There is the potential for an increase in network volumes in terms of vehicular traffic volume, thus there is the potential to increase GHG emissions compared to current emissions. That said, as previously indicated, the extension of Walnut Lane from the section presently constructed south of Kingston Road eastward to Liverpool Road is anticipated to have a positive impact on the operation of the local road network. Most of the future traffic operational issues within the Study Area are addressed through the Walnut Lane extension. The provision of a MUP can help promote active transportation through the Study Area. Climate change may also potentially impact the Walnut Lane extension as extreme weather conditions may affect the condition of the roadway and potentially cause travel disruptions. 9.4.7.3 Mitigation Measures To minimize potential effects during construction, the idling of construction equipment will be avoided, and equipment will be in good working order to reduce inefficiencies in the operation of the equipment. The detailed design phase of the Project should take into consideration key factors and climate change trends, such as constructing the road to withstand extreme precipitation and extreme heat. The proper storage capacity will be incorporated within the storm sewer system to accommodate additional flows during extreme storm events. As discussed in Section 9.3.9, since the proposed Pine Creek crossing will result in the loss of storage, an updated routing analysis is required to establish the new fixed water surface elevation (WSE) upstream of Highway 401 and a cut-fill balance exercise. As agreed by TRCA, these tasks will be carried out during detailed design. - 600 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 118 Consideration should also be given to planting new vegetation to replace or supplement any vegetation that may need to be removed by the Walnut Lane extension, to help sequester GHGs. A full detailed tree inventory and preservation plan should be completed and submitted during the detailed design phase of the Project. Additionally, in response to the risks posed to infrastructure due to climate change, improving the performance of roads under extreme heat conditions, road embankments, and protect roads from washout during extreme storm event will be considered during the detailed design phase of the Project. 9.5 Cultural Environment 9.5.1 Archaeology 9.5.1.1 Potential Construction Effects The results of the Stage 1 archaeological assessment indicate there are sections of the proposed Walnut Lane extension that require a Stage 2 archaeological assessment. 9.5.1.2 Potential Operation and Maintenance Effects No effects to archaeological resources are anticipated during the operation and maintenance phases of the Project. 9.5.1.3 Mitigation Measures and Monitoring A Stage 2 archaeological assessment (and further assessments, as required) must be conducted for areas marked in the Stage 1 archaeological assessment as requiring a Stage 2 archaeological assessment The Stage 2 assessment should be completed during the early stages of detailed design prior to any ground-disturbing construction activities in accordance with Section 2.1.2 Test Pit Survey of the Standards and Guidelines for Consultant Archaeologists (2011). This section requires a test pit survey to be conducted identify any archaeological sites and to determine the extent and degree of ground disturbance. Should archaeological material be encountered during construction, all activities impacting archaeological resources will cease immediately, MHSTCI will be contacted, and a licensed archaeologist will be engaged to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. Further, if human remains are encountered, all activities must cease immediately and the local police as well as the coroner must be contacted. - 601 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 119 9.5.2 Built Heritage Resources and Cultural Heritage Landscapes 9.5.2.1 Potential Construction Effects No impacts to the Built Heritage Resources and Cultural Heritage Landscapes are anticipated as a result of the Walnut Lane Extension. 9.5.2.2 Potential Operation and Maintenance Effects The operation and maintenance of the new Walnut Lane extension will not impact Built Heritage Resources and Cultural Heritage Landscapes. 9.5.2.3 Mitigation Measures and Monitoring No mitigation measures have been recommended as a result of no impacts to Built Heritage Resources and Cultural Heritage Landscapes. 9.6 Cumulative Effects Cumulative effects are changes to the environment caused by the residual effects from a project combined with residual effects from other projects. Cumulative effects are generally assessed under the Federal EA process and is not typically required as part of the MCEA process. Other proposed or planned projects within the Study Area are detailed in Section 4.4. Construction of the proposed Walnut Lane extension, including the crossing at Pine Creek along with implementation of the approved transportation projects in vicinity of the Study Area will help to reduce potential traffic slow-downs, improve traffic movement, emergency services, and accommodate long-term capacity and operational needs. Any negative effects of the project contributing to cumulative impacts are not anticipated to be significant. - 602 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 120 10. Future Commitments 10.1 Change in Project or Environment As per the Municipal Engineers Association (MEA) MCEA manual (October 2000, amended 2007, 2011 and 2015), any significant modification to the project or change in the environmental setting for the project which occurs after the filing of the ESR shall be reviewed by the proponent and an addendum to the ESR shall be written. The addendum shall describe the circumstances necessitating the change, the environmental implications of the change, and what, if anything can and will be done to mitigate any negative environmental impacts. The addendum shall be filed with the ESR and Notice of Filing of Addendum whereby only the proposed changes are subject to review and Part II Orders. A period of 30 calendar days following the issue of the Notice of Filing of Addendum shall be allowed for review and response by affected parties. If no Part II Order request is received by the Minister or delegate, the project may proceed with implementation and construction. 10.2 Lapse of Time According to the MEA MCEA manual (October 2000, amended 2007, 2011 and 2015), “if the period of time from the filing of the Notice of Completion of ESR in the public record or the MECP’s denial of a Part II Order request(s), to the proposed commencement of construction for the project exceeds ten (10) years, the proponent shall review the planning and design process and the current environmental setting to ensure that the project and the mitigation measures are still valid given the current planning period. The review shall be recorded in an addendum to the ESR which shall be placed on the public record.” Notice of Filing of Addendum shall be placed on the public record with the ESR and shall be given to the public and review agencies, for a minimum 30-day review period. If no Part II Order request is received the project proponent may proceed with the project. 10.3 Commitments 10.3.1 Future Work In addition to the permitting and approval requirements (Section 10.4), Table 8-1 summarizes the following future commitments / additional investigations recommended to be undertaken during the detailed design, and construction phases of the Project. TRCA commitments are specifically outlined in Section 10.3.2. - 603 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 121 Table 10-1: Commitments to Future Work Category Commitments to Future Work Project Phase Traffic and Transportation – Road Network ◼ Update Traffic Report by addressing the comments made by Durham Region and received on August 6, 2021, as well as another set of comments from Durham Region received on March 31, 2022. ◼ Detailed Design Traffic and Transportation – Road Network ◼ Confirm design meets minimum radii standards for a design speed of 70 kilometres per hour (the first horizontal curve south of Kingston Road (55 metres) does not currently meet design standard due to property constraints). ◼ Detailed Design Traffic and Transportation – Road Network ◼ Obtain agreement in principle during the current MCEA phase from MTO for the Liverpool Road/Walnut Lane Intersection. Approval of the final configuration and design of the intersection by MTO and the Region will be required as part of the detailed design phase of the project. ◼ Detailed Design Traffic and Transportation – Road Network ◼ Develop a construction staging and traffic management plan. ◼ Detailed Design Traffic and Transportation – Road Network ◼ City to consider implementing the recommended changes from the preliminary proposed traffic calming plan. ◼ As part of the detailed design of Walnut Lane Extension, the City and their consultant will also assess needs for and i f needed, the most suitable type of design elements (e.g., smart channels, etc.) to physically prohibit motorists from travelling northbound through the intersection of Kingston Road and Walnut Lane. ◼ For the City’s consideration, it is also recommended that a survey is prepared to present and request feedback from the neighbourhood on the traffic calming study findings and the preliminary proposed traffic calming plan. ◼ Detailed Design Technical and Engineering – Servicing and Utilities ◼ Co-ordinate with utility providers whose facilities may be affected by the infrastructure and determine the need for any utility relocations p rior to construction. ◼ Detailed Design/Prior to Construction Technical and Engineering – Geotechnical ◼ Complete a detailed geotechnical investigation to confirm the pavement requirements and bridge foundation requirements. ◼ Detailed Design Natural Environment ◼ Development of a mitigation and restoration plan in consultation with the City of Pickering and TRCA in accordance with the TRCA’s Seed Mix Guidelines (2004) and Guideline for Determining Ecosystem Compensation (2018) to enhance the Natural Heritage System and particularly the wetland communities. Restoration and compensation efforts for the Walnut Lane extension will be co-ordinated with the Tribute Communities site works to ensure that there is no overlap. ◼ Detailed Design Natural Environment ◼ A Detailed Water Taking Assessment based on geotechnical investigation results will be conducted to determine anticipated gro undwater taking quantities, groundwater quality and predicted Zone of Influence (ZOI) prior to construction. Based on this assessment, mitigation measures and a monitoring program for groundwater dependent natural features within the anticipated ZOI will be provided. ◼ Detailed Design Natural Environment ◼ Preparation and implementation of an Erosion and Sediment Control Plan prior to construction activities. This will include pl ans to monitor and review the environmental impacts predicted and the effectiveness of the mitigation measures identified below and implemented during and post - construction, as well as recommendations for adaptive management. ◼ Detailed Design Natural Environment ◼ Tree removal is anticipated and as such a full detailed tree inventory and preservation plan should be completed and submitted once the 60-90% detailed design has been completed in order to determine permitting requirements, if any, of the City of Pickering Tree Protection By-law 6108/03. ◼ Detailed Design Natural Environment ◼ If increased tree removal is proposed during detailed design within suitable bat SAR roosting habitat (e.g., CUW1, CUP3-3 and FOD8-1) cannot be avoided, additional species-specific surveys such as leaf-off cavity tree searches, leaf-on surveys and acoustic monitoring following the Survey Protocol for Species at Risk Bats within Treed Habitats: Little Brown Myotis, Northern Myotis & Tri-colored Bat (MNRF, 2017b) to confirm suitable habitat and/or presence of bat SAR, as well as, authorization from MECP under the ESA will be required prior to construction. ◼ Detailed Design Natural Environment – Source Water Protection ◼ Prepare a spills management, spill contingency and emergency response plans to protect shallow groundwater. ◼ Detailed Design / Prior to Construction Natural Environment – Fluvial Geomorphology ◼ If the crossing does not span the MBW (36 metres crossing span), additional erosion protection will be required to protect the crossing. ◼ Detailed Design Natural Environment – Fluvial Geomorphology ◼ It is recommended that a fluvial geomorphologist is directly involved in the detailed design of the new proposed crossing in order to specifically address the observed geomorphological issues along Pine Creek, namely re-meandering of the creek. ◼ Detailed Design - 604 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 122 Category Commitments to Future Work Project Phase Natural Environment – Fluvial Geomorphology ◼ Review the channel rehabilitation opportunities associated with the proposed crossing location at Pine Creek, as well as at t he existing bank failure located near the Loblaws parking lot. Further refine restoration options with the updated HEC-RAS model completed as part of the detailed design work. ◼ Detailed Design Natural Environment – Hydraulic Assessment ◼ The City should pursue additional studies for upgrading the Radom Street culverts and determine the impact this might have on the sizing of the Walnut Lane crossing of Pine Creek. ◼ Detailed Design Natural Environment – Hydraulic Assessment ◼ Complete an updated routing analysis to establish the new fixed water surface elevation (WSE) upstream of Hwy 401 and a cut-fill balance exercise. ◼ Detailed Design Storm Drainage / Stormwater Management ◼ Develop a worksite isolation plan for the proposed undertaking. ◼ Detailed Design Storm Drainage / Stormwater Management ◼ Preparation and implementation of an Erosion and Sediment Control Plan prior to construction activities. ◼ Detailed Design Storm Drainage / Stormwater Management ◼ Prepare a stormwater management plan. ◼ Detailed Design Storm Drainage / Stormwater Management ◼ Finalize details of co-ordination with Tribute Communities as Walnut Lane and the future Tribute Communities development will share a storm outfall. ◼ Detailed Design Socio-economic – Property, Access and Proposed or Planned Development / Infrastructure Improvements/ Business operation ◼ Review design opportunities to further minimize property impacts and maintain consultation with affected owners to address ul timate property impacts to the extent possible. ◼ Detailed Design Socio-economic – Property, Access and Proposed or Planned Development / Infrastructure Improvements/ Business operation ◼ Continue discussion with key businesses within the Study Area to determine ultimate impacts to operation of their business an d acceptable mitigation. ◼ Detailed Design Socio-economic – Air Quality ◼ Develop and Implement a Dust Management Plan for the duration of the construction phase. ◼ Detailed Design/ Construction Socio-economic – Aesthetic ◼ Develop a landscaping plan. ◼ Detailed Design Cultural Environment ◼ Conduct a Stage 2 archaeological assessment (and further assessments, as required) during the early stages of detailed design prior to any ground-disturbing construction activities. ◼ Should archaeological material be encountered during construction, all activities impacting archaeological resources will cease immediately, MHSTCI will be contacted, and a licensed archaeologist will be engaged to carry out an archaeological assessment in accordanc e with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. Further, if human remains are encountered, all activities must cease immediately and the local police as well as the coroner must be contacted. ◼ Detailed Design Consultation ◼ Continue to engage with all impacted/adjacent property owners, including businesses and keep them up-to-date on the progress of the Project, including when/where construction works are anticipated. ◼ Detailed Design/Construction Consultation ◼ A pre-consultation meeting with TRCA staff at the detailed design stage to assist in the submissio n of a complete permit application under O.Reg. 166/06: TRCA Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. This includes confirmation of restoration plan details in support of the permit application. ◼ Detailed Design Consultation ◼ TRCA to review and comment on detailed design work program (prepared by Tribute Communities consultant team) prior to initiat ing the detailed design stage of the project. ◼ Refer to Section 10.3.2 for the complete list of commitments for Toronto and Region Conservation Authority during detailed de sign. ◼ Detailed Design Consultation ◼ Engage Indigenous Communities who requested to participate in the Stage 2 archaeological assessment. ◼ Detailed Design - 605 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 123 10.3.2 Toronto and Region Conservation Authority Commitments Through consultation with TRCA for this Project, the following commitments specific to TRCA, some of which are also identified in Table 10-1, are summarized below to assist with TRCA’s involvement in the detailed design phase of the Project: ◼ Circulate the detailed design work program (prepared by Tribute Communities consultant team) prior to the detailed design stage of the project for TRCA’s review and comment prior to initiation of detailed design. ◼ Set up a pre-consultation meeting with TRCA staff at the detailed design stage to assist in the submission of a complete application for the permit application under O.Reg. 166/06. Consultation with TRCA will also be required to confirm restoration plan details. ◼ Prepare and submit the permit application under O.Reg. 166/06. ◼ Develop a mitigation and restoration plan in consultation with the City of Pickering and TRCA. Restoration and compensation efforts for the Walnut Lane extension will be co-ordinated with the Tribute Communities Lands site works to ensure that there is no overlap. ◼ Prepare and implement an Erosion and Sediment Control Plan prior to construction activities. ◼ Directly involve a fluvial geomorphologist in the detailed design of the new proposed crossing in order to specifically address the observed geomorphological issues along Pine Creek, namely re-meandering of the creek. ◼ Review the channel rehabilitation opportunities associated with the proposed crossing location at Pine Creek, as well as at the existing bank failure located near the Loblaws parking lot. Further refine restoration options with the updated HEC-RAS model completed as part of the detailed design work. ◼ If the Pine Creek crossing does not span the meander belt width (36 metre crossing span, as a minimum), additional erosion protection will be required to protect the crossing. As a result, some toe protection and channel works will be needed in the proximity of the bridge abutments against the future fluvial hazards. These protective measures would need to be reflected in updated drawings. measures need to be designed by fluvial geomorphologist, and the drawings need to be reviewed and approved by fluvial geomorphologist regarding those protective measures. At the time of this publication, the recommended span width is 36 metres. - 606 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 124 ◼ Complete an updated routing analysis to establish the new fixed water surface elevation (WSE) upstream of Hwy 401 and a cut-fill balance exercise that considers lands on west side of Pine Creek (between Kingston Road and new Walnut Lane extension). ◼ Complete a geotechnical study to inform the design of the various elements of the earthworks, crossing, abutments and retaining walls for TRCA sign-off. The crossing, including the abutments, wing walls and foundations will also need to be designed from a geotechnical standpoint. ◼ Develop a stormwater management report for TRCA sign-off. ◼ Further develop conceptual grading strategy . ◼ Review and sign-off of the grading works by a geotechnical engineer to provide the site grading plans, longitudinal profiles and cross-sections at the detailed design stage. The grading works including the earthworks and retaining systems will need to be reviewed and signed-off by geotechnical engineer to ensure the global stability. ◼ Make the mitigation recommendations in the EIS into action items and included in the design and drawings in the detailed design submissions. ◼ If removal within suitable bat Species at Risk roosting habitat cannot be avoided, additional species-specific surveys such as leaf-off cavity tree searches, leaf-on surveys and acoustic monitoring following the Survey Protocol for Species at Risk Bats within Treed Habitats: Little Brown Myotis, Northern Myotis & Tri-colored Bat to confirm suitable habitat and/or presence of bat SAR, as well as, authorization from MECP under the ESA will be required prior to construction. ◼ Provide TRCA with engineering drawings showing all necessary details and specifications as per the studies and design recommendations. The following ESR sections and appendices will be used by TRCA to support their detailed design review: ◼ Section 1.2 – Study Area, Figure 1-1 ◼ Section 4.3 – Natural Environment, Figure 4-1a-b Natural Environment Field Investigation Results, Figure 4-2 Pine Creek Historical Watercourse Alignments ◼ Section 7.0 – Alternative Design Concepts ◼ Section 8.0 – Project Description, Figure 8-1 a-d Simplified Preliminary Preferred Design Concept, Figure 8-2 Typical Cross-section - 607 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 125 ◼ Section 9.3 – Potential Environmental Effects, Mitigation Measures and Monitoring: Natural Environment ◼ Section 10.0 – Future Commitments ◼ Section 10.3.2 – Toronto and Region Authority Commitments ◼ Section 11.3 – Agency and Stakeholder Consultation ◼ Appendix B – Scoped EIS Report ◼ Appendix C – Fluvial Geomorphology Assessment Report ◼ Appendix D – Hydraulic Assessment Memorandum ◼ Appendix H – Drawings ◼ Appendix K – Stakeholder and Agency Consultation Record 10.4 Permits and Approvals Table 10-2 details the anticipated permits and approvals for the proposed Walnut Lane Extension. - 608 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 126 Table 10-2: Anticipated Permits and Approvals Category Permit / Approval Timing Technical and Engineering ◼ Approvals may be required for temporary protection and/or permanent relocation of utilities and planned or future utilities/upgrades. ◼ Detailed Design Technical and Engineering ◼ Approval will be required from Durham Region for the design of the intersections at Kingston Road and Liverpool Road, and a Regional Road occupancy permit is required for any work within the Region’s right-of-way. ◼ Detailed Design Technical and Engineering ◼ MTO approval is required for the intersection at Liverpool Road, and an MTO permit will be required for any work within the Highway 401 Permit Control Area. ◼ Detailed Design Natural Environment ◼ Environmental Compliance Approval (ECA) will be required for the proposed storm sewer system and oil grit separators. ◼ Detailed Design Natural Environment ◼ Permit to Take Water (PTTW) or registration on the Environmental Activity and Sector Registry system will be required if construction dewatering exceeds the MCEP limits for water takings. ◼ Prior to Construction Natural Environment ◼ DFO Request for Review should be completed and submitted for any proposed in- water works or works within the high-water mark. ◼ Detailed Design Natural Environment ◼ TRCA permit application under O.Reg. 166/06: TRCA Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. ◼ Detailed Design Natural Environment ◼ Authorization from MECP under the ESA will be required prior to construction if significant removal within suitable bat SAR roosting habitat (e.g., CUW1, CUP3-3 and FOD8-1) that impairs or eliminates the function of the habitat cannot be avoided. ◼ Detailed Design Natural Environment ◼ A permit under the Migratory Bird Convention Act (MBCA) (1994) is not anticipated if the proper mitigation measures (Section 9.3.4) are implemented. ◼ Detailed Design Natural Environment ◼ Confirm permitting requirements, if any, of the City of Pickering Tree Protection By-law 6108/03 once the full detailed tree inventory and preservation plan are completed ◼ Detailed Design - 609 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 127 11. Consultation Summary Several steps have been undertaken to inform and facilitate dialogue with interested and affected stakeholders, review agencies, Indigenous communities and members of the public in the MCEA decision-making process, thereby contributing to the study outcome. The following hereafter summarizes the public, agency/stakeholder and Indigenous community consultation activities during MCEA planning process. 11.1 Notifications 11.1.1 Notice of Commencement At the beginning of the study, a Notice of Study Commencement was issued that presented an overview of the project and how to participate in the study. The methods by which the notice was issued included: ◼ Email or regular mail to the study’s contact list ◼ Postal walk within the Study Area to notify residents and businesses ◼ Newspaper publication in two editions of the News Advertiser ◼ Posted to the City’s website 11.1.2 Notice of Public Information Centre 1 A Notice of Public Information Centre (PIC) #1 invited all members of the public with an interest in the study to view and participate in the online PIC. The methods by which the notice was issued included: ◼ Email or regular mail to the study’s contact list ◼ Postal walk within the Study Area to notify residents and businesses ◼ Newspaper publication in two editions of the News Advertiser on June 19, 2019 and June 26, 2019 ◼ Posted to the City’s website 11.1.3 Notice of Public Information Centre 2 A Notice of PIC #2 invited all members of the public with an interest in the study to view and participate in the second virtual PIC. - 610 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 128 The methods by which the notice was issued included: ◼ Email or regular mail to the study’s contact list ◼ Postal walk within the Study Area to notify residents and businesses ◼ Newspaper publication in two editions of the News Advertiser. ◼ Posted to the City’s website 11.1.4 Notice of Completion A Notice of Completion will be issued to signify the completion of the MCEA phase of the study. The notice included the locations available to review the ESR during the 30 day review period, contact information, and the procedure for submitting comments and Section 16 Order Requests. The methods by which the notice will be issued include: ◼ Email or regular mail to the study’s contact list ◼ Postal walk within the Study Area to notify residents and businesses ◼ Newspaper publication in two editions of the News Advertiser ◼ Posted to the City’s website 11.2 Public Consultation 11.2.1 Public Information Centre 1 The first PIC was held virtually with content available to review on the City’s website. An online comment form was available starting on June 27, 2019 to solicit input for consideration by the Project Team. The purpose of the first PIC was to: ◼ Introduce the Walnut Lane Extension – Kingston Road to Liverpool Road Municipal Class Environmental Assessment (MCEA) ◼ Present the Study’s problems and opportunities and recommended solution ◼ Provide the next steps of this study and how the community can provide their input While most participants found the PIC #1 information helpful, the majority did not agree with the problem/ opportunity statement and recommended MCEA phase 2 preferred - 611 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 129 solution. The reoccurring feedback as to why participants did not agree is summarized as follows: 1. Potential impacts to Walnut Lane north of Kingston Road 2. Preference to widen and/or extend alternative routes 3. Potential impacts to the existing natural environment 4. Access and connectivity of the proposed road extension with regard to how it functions with the local road network, including Home Depot commercial site internal network, public transit and active transportation A review of these key concerns, including how they relate to this project, and the corresponding response from the Project Team is included in the PIC #1 Briefing (Appendix J). 11.2.2 Public Information Centre 2 The second PIC was held virtually with two methods of participation: ◼ Live Information Meeting. PIC #2 was hosted virtually as a live Town Hall event using the Zoom platform on Thursday, November 19, 2020 from 6:30 pm to 8:00 pm. PIC #2 required participants to register prior to the event and included a presentation by the Project Team followed by a Question and Answer session. The presentation included a recap of feedback from the first PIC, in addition to sharing the evaluation of road alignment alternatives and span width options for crossing Pine Creek, including the preliminary recommended design concept and mitigation measures to address potential impacts the project may have. ◼ Review of online materials. The recording of the virtual PIC #2 was posted on the City’s website. An online feedback survey was also made available to receive input. The following summarizes the key themes of comments received for PIC #2: 1. Response to the proposed preliminary traffic calming plan under consideration by the City for the area of Walnut Lane north of Kingston Road 2. Preference to extend Dixie Road as an alternative route 3. Access and Egress from the existing businesses (e.g., Home Depot/Food Basics and TD Bank/Makimono Restaurant) 4. Environmental effects related to the proposed Walnut Lane extension - 612 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 130 A review of the corresponding comments and responses associated with these themes is included in the PIC #2 Briefing (Appendix J). 11.3 Agency and Stakeholder Consultation The key agencies and stakeholders notified for this study are as follows: ◼ Ministry of Transportation (MTO) ◼ Ministry of Northern Development, Mines, Natural Resources and Forestry (MNDMNRF) ◼ Ministry of the Environment, Conservation and Parks (MECP) ◼ Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) ◼ Ministry of Municipal Affairs and Housing ◼ Ontario Provincial Police ◼ Infrastructure Ontario ◼ Toronto and Region Area Conservation Authority (TRCA) ◼ Regional Municipality of Durham ◼ Durham Region Cycling Coalition ◼ Durham District School Board ◼ Durham Catholic District School Board ◼ KingSett Capital Inc. ◼ Tribute Communities ◼ Choice Properties REIT ◼ Glen Square Ltd. In addition to the above noted stakeholders and agencies, a postal walk was undertaken to notify local property and business owners in the Study Area. Utility companies with potential interest in the study were also kept informed and engaged by way of notification at key project milestones (i.e., Notice of Commencement, Notice of PIC #1, Notice of PIC #2, and Notice of Completion). The key agencies and stakeholders have been notified, informed and engaged, as necessary or as opportunities arose, throughout the MCEA process. A summary of the consultation activities and correspondence is summarized in Table 11-1 and Table 11- 2. Refer to Appendix K for the complete correspondence and meeting minutes. - 613 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 131 Table 11-1: Agency and Stakeholder Correspondence – MCEA Phases 1, 2 and 3 Agency / Stakeholder Date Summary of Correspondence Project Team Response Rogers September 21, 2017 ◼ No comments at this time. ◼ Requested to update contact. ◼ Contact updated. Toronto and Region Conservation Authority (TRCA) October 2, 2017 ◼ In response to the Notice of Commencement, TRCA highlighted their Areas of Interest (Regulated Areas, TRCA Program and Policy Areas). ◼ TRCA requires the preferred alternative to meet the following criteria: 1. Prevents the risk associated with flooding, erosion or slope instability. 2. Protects and rehabilitates existing landforms, features and functions. 3. Provides for aquatic, terrestrial and human access. 4. Minimizes water/energy consumption and pollution. 5. Addresses TRCA property and heritage resource concerns. ◼ TRCA staff recommends that a summary of detailed design commitments be included in the final report. ◼ Requested a site visit with TRCA staff to identify wetlands and other natural features. ◼ Request copies of notices, PIC materials and the MCEA report. ◼ Commitments made during the MCEA are detailed in Section 10. ◼ Site visit with TRCA staff was completed November 14, 2017. ◼ TRCA will be circulated the draft ESR. Toronto and Region Conservation Authority (TRCA) August 30, 2019 ◼ TRCA provided comments on the PIC #1 display boards, including: 1. Demonstrate how the proposed development on the undeveloped parcel, and redevelopment of the adjacent parcels surrounding the road extension have been examined prior to road options being designed. The EIS and floodplain should show the limits of the current open space as well as the limits of future development to ensure that the proposed road options are feasible. 2. Requested that further evaluation be provided into increasing the minimum size of the structure to span the meander belt (36 metres). An EIS and Flood Study should determine the span and the exact location of the crossing, so that the EA does not “lock down” a particular span and location. 3. The studies must demonstrate how the proposed crossing structure adheres to TRCA’s Crossing Guideline: http://www.trca.on.ca/dotAsset/214493.pdf. 4. TRCA staff recommends that the Draft Evaluation Criteria for the natural heritage be expanded to include restoration opportunities. 5. The HEC-RAS model is not conservative. As such, TRCA staff will not support any additional fill to be placed within the floodplain. The project team must be able to provide an equivalent amount of cut to be placed in order to mitigate the loss of floodplain storage. This must be completed and an updated HEC- RAS model with an updated Regional Storm Routing analysis completed. ◼ Response letter issued October 29, 2020 addressing TRCA comments and included the following supporting documents ─ TRCA Crossing Guidelines - Activities at Early and Intermediate Planning Stages for New Crossings Memorandum ─ Result of Wetland Investigations Memo ─ Scoped EIS ─ Fluvial Geomorphic Assessment Report ─ Hydraulic Assessment Memorandum ─ October 29, 2019 meeting minutes Toronto and Region Conservation Authority (TRCA) December 21, 2020 ◼ TRCA provided comments on the supporting studies issued October 29, 2020 with respect to the outstanding TRCA comments from the PIC, Pine Creek crossing, fluvial geomorphic assessment report, stormwater management, Environmental Impact Study (EIS), and general comments related to the Project. ◼ Response to TRCA December 21, 2021 comments issued with the draft ESR. Toronto and Region Conservation Authority (TRCA) March 31, 2022 ◼ TRCA provided comments on the draft ESR pertaining to previous outstanding comments, Pine Creek crossing, Fluvial Geomorphic Assessment Report , stormwater management, Environmental Impact Study and general comments. See Appendix K for complete comments. ◼ A meeting was held May 9, 2022 to review and clarify key comments. ◼ Response to TRCA comments addressing comments issued with the revised draft ESR for TRCA sign off and prior to the issuance of the Notice of Completion. ◼ The project team has agreed to increasing the size of the structure to span the meander belt (36 metres) with additional analysis (hydraulic assessment, a cut and fill analysis and an updated fluvial geomorphic assessment memo addressing TRCA’s crossings guidelines) being completed during detailed design that will confirm 36 metres as appropriate span width. ◼ A new section specific to TRCA Commitments has been added (Section 10.3.2). ◼ Refer to the TRCA correspondence record in Appendix K for complete responses. - 614 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 132 Agency / Stakeholder Date Summary of Correspondence Project Team Response Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) October 10, 2017 ◼ In response to the Notice of Commencement, MHSTCI indicated their interests in relation to this MCEA process as it relates to its mandate of conserving Ontario’s cultural heritage, which includes: ─ Archaeological resources, including land-based and marine. ─ Built heritage resources, including bridges and monuments. ─ Cultural heritage landscapes. ◼ A stage 1 archaeological assessment and cultural heritage screening memorandum have been completed in support of this MCEA study. Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) June 19, 2019 ◼ Confirmed heritage planner contact for the project. ◼ MHSTCI will be provided copies of all future notices and a copy of the draft ESR. Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) March 16, 2021 ◼ MHSTCI provided comments on the draft ESR. ◼ The comments primarily related to submission of the Stage 1 archaeological assessment report, terminology and mitigation measures pertaining to the cultural environment. ◼ Response to MHSTCI comments addressing comments issued prior to the issuance of the Notice of Completion. ◼ The terminology and mitigation measures have been updated in the ESR as per the ministry’s recommendations. ◼ The Stage 1 archaeological assessment has been entered into the Ontario Public Registry of Archaeological Reports (refer to Appendix F). Infrastructure Ontario December 4, 2017 ◼ In response to the Notice of Commencement, Infrastructure Ontario indicated it was unclear if lands under the control of the Ministry of Infrastructure are being proposed to support the proposed project. ◼ MOI lands are not impacted by the proposed project. Dorsay Development April 25, 2019 ◼ Requested information about the MCEA process, timing and questions regarding costs/funding. ◼ The Project is in Phase 2: Evaluation of Alternative Solutions of the Municipal Class Environmental Assessment Process where alignment options are being considered. A preferred alignment has not been confirmed at this time. ◼ It is too early in the MCEA process to comment on questions regarding the subject lands and costs/funding. KingSett Capital June 18, 2019 ◼ Request for the revised construction cost and timelines. ◼ Construction costs and preliminary schedule will be confirmed upon confirmation of the preferred road alignment and crossing span. KingSett Capital June 27, 2019 ◼ Confirm whether field work to confirm Species at Risk potentially occurring within the Study Area has been completed. ◼ Has it been determined whether any of the Natural Environment conditions would impede the potential for the project to move forward? ◼ Alignment 3 will significantly impact the development potential of the lands south of the same and north of highway 401, when factoring in the MTO and floodplain setbacks. ◼ Has it been determined whether Alignment 2 is cutting through a wetland? ◼ Targeted terrestrial SAR surveys are completed after impact assessment / mitigation has been exhausted, and consultation with MECP through submission of an Information Gathering Form indicates that particular terrestrial SAR are likely to be affected. In regard to the aquatic environment, investigations are not typically conducted to confirm aquatic SAR. If they are mapped and confirmed by an agency, they are considered present. ◼ The natural environment Impact Assessment has not been completed as the preferred road solution has not been confirmed at this time. Any potential impacts to the natural environment will require mitigative measures and possible future EA commitments, but will not prevent the project from moving forward. ◼ Comments for impacts to alignment 3 have been noted. The evaluation of alignments considers development. ◼ Alignment 2 cuts through an unevaluated wetland. The wetland has been staked as per the request of the Ministry of Northern Development, Mines, Natural Resources and Forestry. Ministry of Northern Development, Mines, Natural Resources and Forestry September 6, 2017 ◼ Confirmed receipt of the Notice of Commencement. ◼ Pickering’s official plan has recognized the stream corridor of Pine Creek in its natural systems plan. The study area contains natural herbaceous and treed communities. Significant habitats may be present. ◼ Species at risk to be considered include Butternut (endangered), Bank Swallow (threatened), Barn Swallow (threatened), Bobolink (threatened), Eastern Meadowlark, endangered bats (Eastern Small-footed Myotis, Little Brown Myotis, Northern Myotis and Tri-colored Bat) and others. ◼ Scoped EIS completed, which captures the Species at Risk for the area of interest. - 615 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 133 Agency / Stakeholder Date Summary of Correspondence Project Team Response Ministry of Northern Development, Mines, Natural Resources and Forestry November 15, 2017 ◼ Ministry of Northern Development, Mines, Natural Resources and Forestry (formerly MNRF) confirmed that the wetland should be evaluated and accessed to see if it should be complexed with any adjacent wetlands as part of the MCEA. It should be staked in the field this spring to determine its full extent. ◼ Wetlands staked as per Ministry of Northern Development, Mines, Natural Resources and Forestry recommendations. Ministry of Northern Development, Mines, Natural Resources and Forestry June 18, 2019 ◼ Requested an update on the natural features/areas/wetland assessment as recommended in Ministry of Northern Development, Mines, Natural Resources and Forestry’s September 6, 2017 and November 16, 2017 correspondence. ◼ The remaining wetlands within the Study Area have been staked. Ministry of Northern Development, Mines, Natural Resources and Forestry August 9, 2019 ◼ Ministry of Northern Development, Mines, Natural Resources and Forestry management biologist confirmed the wetlands that should be evaluated. ◼ To evaluate the wetland on the subject property the intervening wetland on public lands just south of Highway 401 will also need to be characterized. ◼ Wetlands staked as per Ministry of Northern Development, Mines, Natural Resources and Forestry recommendations. ◼ Follow-up memo compiling the data collected was circulated to Ministry of Northern Development, Mines, Natural Resources and Forestry on November 18, 2019. Ministry of Environment, Conservation and Parks (MECP) September 21, 2017 ◼ In response to the Notice of Commencement, provided MECP’s Areas of Interest document to provide MCEA guidance from the Ministry. ◼ Comments noted. ◼ Provided status update via email on June 18, 2019 that the Project is now following the Schedule C planning process (previous schedule B undertaking). Ministry of Environment, Conservation and Parks (MECP) November 16, 2020 ◼ In response to the Notice of PIC, provided updates to the Areas of Interest document previously circulated. ◼ Confirmed receipt of email and confirmed the draft ESR will be circulated to MECP prior to issuance of the Notice of Completion. Ministry of Environment, Conservation and Parks (MECP) April 11, 2022 ◼ MECP provided comments on the draft ESR. ◼ The comments provided were related to noise, completion of the Stage 2 archaeological assessment, provincially significant wetland, drainage and stormwater management, natural environment monitoring, consultation and Section 16 Order requests. ◼ Response to MECP addressing comments issued prior to the issuance of the Notice of Completion. ◼ A new section on noise has been added to the ESR (see Section 4.4). ◼ The Stage 2 archaeological assessment will be completed during the early phases of detailed design. ◼ The ESR identifies the City’s Salt Management Plan (2005) in place that is to be updated before the 2022/2023 winter related to salt management in reference to the provincially significant wetland ◼ A stormwater management plan will be completed at detailed design ◼ Natural environment monitoring requirements have been included in the Scoped EIS (Appendix B) and ESR Section 9.3. ◼ The City will distribute the Notice of Completion via postal walk, similar to previous notices to be consistent with previous notifications. ◼ The study team will follow-up with Indigenous Communities that have not responded to the notifications to date and document this outreach in the Indigenous Consultation record. ◼ Part II Order wording updated to Section 16 Order request wording as per the latest information for Section 16 Order requests. Refer to the new ESR Section 2.2.1. Durham Region Cycling Coalition (DRCC) June 18, 2019 ◼ Requested meeting details for PIC #1. ◼ Provided online information details for PIC #1. Durham Region Cycling Coalition (DRCC) November 12, 2020 ◼ In response to the Notice of PIC 2, DRCC indicated that the proposed extension to Walnut Lane will have no adverse effects to cycling in the City of Pickering. Consequently we will not participate in the meeting. ◼ Comments noted. Enbridge June 21, 2019 ◼ Provided general location drawings. ◼ Submit final drawings at the detailed design phase. ◼ General location of utilities noted. - 616 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 134 Agency / Stakeholder Date Summary of Correspondence Project Team Response Ministry of Transportation (MTO) June 28, 2018 ◼ MTO provided the following comments: ─ MTO is agreeable to a new Walnut lane intersection at Liverpool north of the 401 ─ Walnut lane can have a right out. ─ A right in from Liverpool onto Walnut lane is acceptable. ─ MTO is agreeable to the left in from Liverpool provided the storage in the left turn lane is acceptable to all stakeholders. ─ MTO is still not agreeable and requires more justification on the left out from Walnut Lane. The Safety and operation of the intersection is still our concern. ─ There are many needs and issues in and around this interchange in all 4 quadrants around Liverpool and 401. There are many intensification projects in and around this interchange which will affect the Walnut Lane extension. Intensification of Pickering Town, Universal and the high Residential below Hwy 401 and west of Liverpool. ◼ AECOM agrees with all of the comments provided by MTO. There will not be a left out from Walnut Lane. ◼ MTO will be provided with review material as the design of the interchange intersection progresses. Ministry of Transportation (MTO) March 9, 2020 ◼ In response to the draft Traffic report circulated to MTO for review, MTO was in general agreeable to the report as it deals with the No left turn going North from Walnut lane. ◼ The northbound lane with a left onto Walnut, will need to be reviewed for storage. ◼ Comments noted. Ministry of Transportation (MTO) October 12, 2021 ◼ MTO provided the following comments on the Project: 1. The design for Walnut Lane should include 2 inbound lanes from Liverpool Road, to provide adequate through access from the off-ramp in the event of future expansion. One lane can provide left turn access into the proposed facility on the south side of Walnut Lane. 2. There are issues with the functionality of the right-out lane, which will direct traffic to the on-ramp and lead to weaving. If the geometry can be accommodated, the ramp should be redesigned to connect to Liverpool Road south of the intersection so that the right-out will direct traffic onto the Liverpool Road outside through lane. Vehicles can then enter the on-ramp from this lane. 3. The right-out shall not be channelized. 4. A “no right turn on red” prohibition will be required to avoid unexpected and conflicting movements in the intersection. 5. If this geometry cannot be accommodated, a grade-separated on-ramp that connects with Liverpool Road north of the intersection should be considered instead. 6. The design should consider options to increase the storage capacity of the inbound left turn lane, to ensure all stakeholders are satisfied. ◼ The Project Team provided the following responses: 1. Based on the approved intersection connection to Liverpool Road, AECOM proceeded with the design of a two lane roadway cross-section, including the bridge crossing of Pine Creek. The potential inclusion of two inbound lanes causes weaving and safety concerns on Walnut Lane between vehicles making a southbound right turn on Walnut followed by a subsequent left turn into the Tribute development, and the northbound left turning vehicles that continue westerly along Walnut Lane. 2. Providing greater separation between the right turn lane and the on-ramp was reviewed early on in the project. Given the available space at this intersection is very limited, this was not achievable. Signage is included in the design on eastbound Walnut Lane to advise vehicles to keep left for Liverpool Road south and keep right for 401 West. The intersection signals are "split" phased for westbound traffic (from the off-ramp) and eastbound traffic (from Walnut Lane), so right turning vehicles operate on a protected phase. With the no-right on red, there will not be other southbound traffic interfering with the southbound right turn from Walnut Lane. Given these conditions, vehicles will have ample opportunity to keep left to continue south on Liverpool Road. 3. A “no right turn on red” prohibition is included in the design. 4. The possibility for a grade separated ramp was reviewed early on in the project. It was determined there is not enough available property or distance to the next signalized intersection to accommodate a grade separated ramp. A grade separated ramp is outside of the scope of the Walnut Lane extension project. 5. AECOM completed a traffic analysis and confirmed the 95th percentile queue for the northbound left-turn movement can be accommodated within the proposed storage area on Liverpool Road. Ministry of Transportation (MTO) March 23, 2022 ◼ MTO indicated no comments on the draft ESR. ◼ Follow-up meeting held with MTO and Durham Region on April 8, 2022 to review the updated Liverpool Road/Walnut Lane intersection design. ◼ Appendix H contains the updated drawings. - 617 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 135 Agency / Stakeholder Date Summary of Correspondence Project Team Response Hydro One July 4, 2019 ◼ Provided map of approximate location of Hydro One underground plant in the area. ◼ Noted. Hydro One July 24, 2019 ◼ Confirmed there are no existing Hydro One Transmission assets in the subject area based on preliminary assessment. ◼ Noted. Hydro One November 10, 2020 ◼ Hydro One does not own nor operates underground high voltage transmission facilities in Study Area. ◼ Noted. Durham District School Board July 10, 2019 ◼ Traffic Calming measures to be implemented at the north end of Walnut Lane to ensure the safety of students, buses and all other pedestrian, bicycle and vehicular traffic entering and exiting the school site located on the north side of Glenanna Road. ◼ A traffic calming study that would recommend measures to be implemented along the section of Walnut Lane between Kingston Road and Glenanna Road has been completed and will be considered by the City. Regional Municipality of Durham July 24, 2019 ◼ Requested to be circulated on draft deliverables, such as supporting traffic assessment work, draft PIC #2 materials. ◼ Confirmed the Region’s Works department provided information on existing sanitary sewer and watermain infrastructure in the area, and accommodation for future extensions as part of the project. ◼ Provided Comments on the PIC #1 materials ◼ The Region will be circulated on PIC #2 boards, preliminary design and the draft Environmental Study Report. ◼ Comments from PIC #1 addressed in letter dated October 19, 2020. Regional Municipality of Durham August 13, 2020 ◼ Provided comments in response to the meeting held on February 26, 2020 ◼ Issued response letter dated October 19, 2020 addressing the comments received from the Region Regional Municipality of Durham November 10, 2020 ◼ Confirmed receipt of October 19, 2020 letter, which included draft design drawing package, meeting minutes and comments/responses table (PIC #1) ◼ Provided comments on the design drawing package. ◼ Response to Durham Region comments issued with a copy of the draft ESR. ◼ Drawings updated based on comments from the Region. Regional Municipality of Durham November 16, 2020 ◼ Provided comments on the draft PIC #2 materials. ◼ PIC #2 comments addressed. Response to Durham Region comments issued with a copy of the draft ESR. Regional Municipality of Durham August 6, 2021 ◼ Provided comments on the updated Traffic Report prepared by AECOM (June 2021). ◼ Traffic Report comments will be addressed during Detailed Design as per the ESR Commitments (Section 10.3.1). Regional Municipality of Durham March 31, 2022 ◼ Durham Region provided comments on the draft ESR. ◼ Refer to Appendix K for the complete set of comments. ◼ Response to Durham Region addressing comments issued prior to the Notice of Completion. ◼ Updated drawings are in Appendix H. ◼ Refer to Appendix K for the complete set of responses. Choice Properties REIT December 14, 2020 ◼ Does this road plan occur if we do any redevelopment to the site? Or is the ‘case of redevelopment’ only representative to the Loblaws? ◼ Is there any flexibility in this plan or is what is shown secured and moving forward? ◼ Did the PIC 2 occur in November? Requested details from PIC 2. ◼ Could you please provide a timeline? ◼ Virtual PIC #2 was held on November 19, 2020. All the details and the timing of the PIC #2 is available on our City’s website ◼ The City’s consultant (AECOM) had attempted to contact Loblaws prior to the PIC. A letter was also sent out regarding this ◼ Added to the study contact list. Choice Properties REIT December 14, 2020 ◼ Concerns of how road that runs through the Loblaws site will impact the property. ◼ Followed up via phone on December 14, 2020. ◼ Noted that the Loblaws site is reflected in the City’s approved Official Plan. There is no timeline for the new N-S road shown and it will be triggered if and when Loblaws-Choice Properties decides to redevelop. The new road does not require any land from Loblaws-Choice Properties Property Owner Representatives for 1786 - 1790 Liverpool Road February 22, 2021 ◼ Asked if Choice REIT has been consulted on access to Pickering Road. Glen Square Ltd. is looking for a solution to address the proposed access closure to their property. ◼ There are no proposed plans for the Loblaws site at this time ◼ Requested materials that were previously presented to Choice REIT Property Owner Representatives for 1786 - 1790 Liverpool Road March 15, 2021 ◼ Provided package previously issued to Choice REIT regarding suggested access modifications related to 1786-1790 Liverpool Road and Loblaws site ◼ The Project Team reviewed and discussed possible modifications with the City. - 618 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 136 Agency / Stakeholder Date Summary of Correspondence Project Team Response Property Owner Representatives for 1786 - 1790 Liverpool Road July 26, 2021 ◼ The most recent proposal contemplates full closure of that access to the subject property, however has a connection to Walnut Lane to the subject property been reviewed? Is it possible to have all access turns onto Walnut Lane from the subject property? ◼ If that southern access was eliminated completely, has there been a traffic study or a review to understand the implications to the subject property? In other words, leaving only 1 right-in, right-out access point onto Liverpool going south. ◼ Have full turns been considered from the subject property, which would include creating a space in the centre median? Also, have there been any consideration into allowing U-turns at the intersection of Liverpool Rd & Pickering Parkway? ◼ Yes, we have reviewed a potential connection from Walnut Lane to the subject property. ◼ This current full-move access is situated within Highway 401 Controlled Access Highway designation. It has always been an illegal access from the MTO’s viewpoint. ◼ Providing an access from the proposed Walnut Lane Extension west of Liverpool Road and with minimum standard clearance distance from Liverpool Road is problematic and has been ruled out due to the need to acquire property and would result in the road cutting through the developable lands, in addition to difficult topography and tight turning radii. ◼ This current access will remain in place / operational until the proposed Walnut Lane Extension is under construction. Future access to the subject property will only be from the current right in, right out access off southbound Liverpool Road, south of Pickering Parkway. ◼ The Project Team have looked at internal access modifications through the Loblaws east side driveway. It is the City’s position that this arrangement would need to be undertaken between the subject property owners, including Choice REIT as all works would be on private property. ◼ Based on the most recent pre-COVID traffic counts, the closure of the current full- move access driveway to the subject property would require a total of 35 inbound vehicles (i.e., destined to the subject property) to change their current access travel paths to the subject property during the peak hour on a typical weekday. In other words, a total of 35 vehicles would require to either make a northbound U- turn at the intersection of Pickering parkway and Liverpool Road before taking the current right-in, right-out access driveway, or to take other relatively longer detours to access the subject property. Note that in the absence of any sign, indicating otherwise, northbound U-turn is currently a permitted movement at the intersection of Pickering Parkway and Liverpool Road. ◼ The noted 35 vehicles per hour is equivalent to an average increase of 1 vehicle per each signal cycle (i.e., 120 seconds or 2 minutes) in volume of traffic entering the intersection of Pickering Parkway and Liverpool Road and therefore, can be easily accommodated without any notable impact to traffic conditions at the noted intersection. ◼ Conversion of the existing right-in / right-out only access driveway to a full-move access driveway (which requires provision of an opening in the median on the section of Liverpool Road between Pickering Parkway and the Highway 401 ramp terminal) is not feasible as it would create significant traffic safety and operational issues. ◼ In the absence of any sign prohibiting U-turns at the intersection of Liverpool Road and Pickering Parkway, northbound motorists on Liverpool Road can “technically” access the current right-in, right-out only access driveway to the subject property by making a U-turn at the intersection of Liverpool Road and Pickering Parkway. ◼ Any modifications / changes to the section of Liverpool Road bordering the subject property, including the intersection of Pickering Parkway and Liverpool Road is subject to review / approval by the Region of Durham as this section of Liverpool Road is under the jurisdiction of the Region. Property Owner Representatives for 1786 - 1790 Liverpool Road September 9, 2021 ◼ Requested to further discuss the ingress/egress from 1790 Liverpool Road. ◼ City/AECOM to follow-up. - 619 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 137 Table 11-2: Agency and Stakeholder Meetings – MCEA Phases 1, 2 and 3 Agency / Stakeholder Date of Meeting Purpose and Key Considerations Ministry of Transportation October 10, 2017 ◼ Introduced the Project ◼ Discussed ramp terminal alternatives ◼ MTO noted that the purpose for the access at the ramp terminal was for a previous construction work area, and it is considered an “unlawful” road connection ◼ Based on MTO Policy, the left in and left out movements are not permitted. ◼ For a 3 lane off ramp (existing conditions), there is a requirement for two inbound lanes on an access road. ◼ The first intersecting road on the new Walnut Lane must be a minimum of 200 metres away from the signalized intersection. ◼ MTO noted that a protected phase for right out movements would be required. ◼ MTO has concerns with the right out movement onto the Highway 401 N-W Ramp. Ministry of Transportation December 17, 2021 ◼ Discussed the Liverpool Road/Walnut Lane Intersection. ◼ Prior to the meeting, MTO circulated a conceptual sketch of the intersection that demonstrated what may be required to meet t he MTO guidelines for access at a ramp terminal. ◼ MTO’s policy is for two inbound ramp lanes. ◼ The existing off-ramp is three lanes (left, thru-left, and right) ◼ MTO requested confirmation that traffic volumes do not warrant ramp widening. ◼ Post Meeting Note: AECOM Traffic confirmed the Walnut Lane extension project does not trigger any need for widening or changes to the current lane configuration of the Highway 401 westbound off ramp. ◼ In the future, the off-ramp will be widened to four lanes. At that time, MTO suggested two inbound lanes to Walnut Lane would be required. ◼ MTO inquired about the length of the Liverpool northbound left turn lane. AECOM Traffic has reviewed the storage length for t his left turn lane as part of the Traffic Report, and it is adequate. ◼ MTO suggested the design needs to be modified to include the following: ─ Liverpool Road southbound right turn lane to Walnut Lane should include a channelized right turn with porkchop island ─ The eastbound right turn lane from Walnut Lane should direct traffic to the southbound through lane on Liverpool Road in advance of the taper to the Highway 401 westbound on ramp. • AECOM will review options to address MTO’s concerns and recirculate to MTO for comment. Ministry of Transportation April 8, 2022 ◼ Meeting held with MTO and Durham Region to provide an overview of the modified Liverpool Road/Walnut Lane/Highway 401 WB ramp terminal intersection design. The modified design includes the addition of one southbound lane on Liverpool Road from Pickering Parkway to the exit Ramp to Highway 401 WB lanes. ◼ The Region of Durham are planning to widen Liverpool Road to six lanes (3 lanes in each direction) between Kingston Road and Highway 401 as part of a future project. By advancing the additional SB lane through the ramp terminal intersection it will allow for the final intersection configuration in the SB direction to be constructed in one project. ◼ MTO noted that ideally the widening of Liverpool Road would include a widening of the Highway 401 bridge underpass structure. It was questioned whether traffic volumes support dropping the third southbound lane at the Highway 401 WB on -ramp. Durham Region noted that they expect to have close to a full lane of capacity entering Highway 401 WB in the AM peak hour and therefore there is some logic to terminating the lane at the Highway 401. ◼ MTO noted that they can support the modified intersection design with the following additional details/clarifications: ─ The design is to include an overhead sign structure (monotube) with lane designations on Liverpool Road at the SB approach to the intersection ─ Additional ground mounted signs to support the lane configurations will be developed during detailed design ─ Two inbound lanes are to be provided opposite the Highway 401 off-ramp. AECOM noted that the current design includes space for two lanes. ◼ Durham noted that Brock Road at Highway 401 is an example where additional signage was used to avoid driver confusion. ◼ MTO requested that two inbound lanes be provided on Walnut Lane. AECOM will revise the design to include two inbound lanes with MTO standard lane widths. AECOM will also lengthen the median island at the right-turn channelization to ensure two vehicles cannot get through side by side. ◼ AECOM will circulate revised drawings to D. Robertson and C. Leitch at Durham Region. ◼ Once satisfied with the revisions noted above, MTO noted that they would support an agreement in principle for the intersection configuration. - 620 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 138 Agency / Stakeholder Date of Meeting Purpose and Key Considerations Toronto and Region Conservation Authority November 14, 2017 ◼ Conducted a site walk with TRCA staff. ◼ Introduced the Project. ◼ TRCA noted that design of the Pine Creek water crossing must consider TRCA Crossings Guidelines for Valley and Stream Corrido rs (September 2015). ◼ AECOM to contact Ministry of Northern Development, Mines, Natural Resources and Forestry to confirm if there is interest from provincially significant wetlands (PSW) perspective. Potential to complex-add Pine Creek Wetland the Frenchman’s Bay PSW to the south. ◼ Pine Creek regulated floodplain covers a significant portion of the development site. ◼ TRCA has concerns with proposed culvert recognizing hydraulic performance limits. Kingston Road is already experiencing overtopping and upstream flooding complaints. ◼ MCEA should also include geotechnical study – TRCA to review proposed geotechnical scope including borehole (BH) access, location and depth. No permits required for BHs. TRCA staff will need to review the location of the boreholes to determine if an Ontario Regulation 166/06 p ermit will be required. Post Meeting Note: This will be completed during Detailed Design. ◼ MCEA alternatives evaluation to look at how road alignments impact wetlands. ◼ Noted significant erosion, cutting into Loblaw’s rear parking lot that may impact potential north-south future connecting roads. ◼ There are opportunities to improve Pine Creek form/function and fish habitat. Toronto and Region Conservation Authority October 30, 2018 ◼ AECOM noted that the 2018 additional field work completed included Pine Creek aquatic assessment, ELC mapping, 2 rounds of breeding bird surveys, and wetland boundary update. No amphibian survey was undertaken (no amphibian habitat present). ◼ Summarized findings of fluvial geomorphology report. 36 metre span needed to span the meander belt width. The final report wi ll have a section on future conditions which will discuss how possible land use and channel changes may affect the meander belt width. ◼ Reviewed preliminary hydraulic analysis. ◼ TRCA would like to see holistic land use vision that captures all properties that guides road alignment and location/type of water crossing structure opposed to road guiding land use. ◼ TRCA also like to see development phasing. ◼ TRCA should be able to see how entire creek corridor can be naturalized when all properties are developed. ◼ Need remediation if moving floodplain into Loblaws lands. ◼ MCEA and preferred road must not compromise future floodplain and naturalization of stream corridor. ◼ As development applications proceed, valley lands (from east top of bank to west top of bank) to be transferred from proponent to public ownership. Toronto and Region Conservation Authority October 29, 2019 ◼ Provided a status update to TRCA. The Project was previously following the MCEA Schedule B planning process, but has now been upgraded to a Schedule C based on the construction cost (now greater than $2.7M which is a Schedule C trigger). ◼ Purpose was to present and discuss the three (3) alternative road alignments and water crossing span options. Water crossing options are based on 25 metre, 30 metre and 35 metre clear span bridge which considers hydraulic modelling and meander belt findings. ◼ Alternative 1 (central alignment) and 25 metre span culvert or bridge is recommended. Detailed design to confirm crossing type. ◼ TRCA asked whether there is a holistic development vision for the area including the Loblaws lands. Thought is that a comprehensive redevelopment may resul t in a reshaped naturalized Pine Creek stream corridor (need to consider entire creek corridor between Kingston Road and Highway 4 01). City replied that the landowners, including Loblaws have not presented development concepts. Loblaws is likely far out in terms of redevelopment ti meline. It is difficult to get a full development picture nailed down at this time. ◼ Reviewed natural environment findings. Wetland area is within 700 metres of the Frenchman’s Bay PSW and therefore qualifies to be complexed with it. The boundaries were surveyed by an AECOM professional surveyor on October 11, 2019. ◼ Another wetland unit located off-site along Pine Creek between Radom and Bayly Streets, south of Highway 401, was also examined on October 9, 2019 at request of Ministry of Northern Development, Mines, Natural Resources and Forestry. ◼ Wetland data has been sent to Ministry of Northern Development, Mines, Natural Resources and Forestry to update their wetland data file. ◼ Summarized the results of the fluvial geomorphic assessment. To span the meander belt width (MBW) a 36 metre crossing span would be required, if the crossing does not span the MBW additional erosion protection will be required for protection to the crossing. At minimum, the new crossing should span the bank full width (6 metres). ◼ A review of the hydraulic analysis was presented. The 25 metre, 30 metre and 35 metre bridge spans all meet TRCA and City of Pickering criteria. An updated routing analysis and cut-fill balance will be carried out during detail design. - 621 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 139 Agency / Stakeholder Date of Meeting Purpose and Key Considerations ◼ TRCA stated concern is if a 25-metre span is enough to not restrict future stream corridor remediation improvements related to Loblaws lands. Loblaws lands redevelopment presents an opportunity for cut fill remediation. New crossing should not negate what the City is trying to achieve through redevelopment and zoning by-law. Noted that land uses are changing from low density to high density and ultimately the City needs to be comfortable in what it is building. ◼ Noted that proper remediation of the stream corridor would require the replacement of the Kingston Road culvert with a larger span. This is not possible as the timing for culvert replacement is a long-term action and was not part of the recent Kingston Road improvements EA and design (includes BRT). This should be documented in the MCEA decision making. Toronto and Region Conservation Authority May 9, 2022 ◼ Reviewed key TRCA comments on the draft Environmental Study Report and confirmed the project team’s approach to address them. ◼ Key items to note from the meeting include agreement that Pine Creek bridge span width will be based on a 36 metre span width, at minimum, and hydraulic routing and cut fill analysis can be done as part of the detailed design phase. ◼ AECOM to include section in ESR specific to TRCA Commitments (see Section 10.3.2). ◼ AECOM will provide the updated draft ESR with responses to comments to TRCA for sign off prior to the City issuing the Notice of Completion. TRCA requires 2-3 weeks to review and comment. Regional Municipality of Durham October 10, 2017 ◼ Introduced the Project. Regional Municipality of Durham February 26, 2020 ◼ Reviewed the draft Walnut Lane Extension Need and Justification Report (also known as the Traffic Report). Feedback from the Region included: ─ The Region requested the projected hourly number of vehicles exiting Liverpool Road by taking the Highway 401 N -W ramp. The Region will then review the noted traffic volume and compare that with the projected traffic volume for the southbound right-turn lane at the future intersection of Walnut Lane Extension / Liverpool Road to advise on their preferred (from traffic safety standpoint) lane configuration on the southbound approach to the intersection. ─ The Region indicated that an RFP for the Liverpool Road Widening EA is scheduled to be issued in 2023. Considering the curren t timelines for widening of Liverpool Road and if the Region’s assessment (noted above) shows a need for provision of an auxiliary southbound right-turn lane, the southbound approach should have two southbound through lanes and one southbound right-turn lane until the time Liverpool Road is widened to six lanes. ─ The Region asked that AECOM analyze the intersection of Walnut Lane Extension/ Liverpool Road from traffic operational perspective under the eastbound dual right conditions. ─ Due to the project high volume of northbound right-turn traffic at the intersection of Walnut Lane / Kingston Road (as a result of prohibition of eastbound left-turn movement at the intersection of Walnut Lane Extension / Liverpool Road), the Region suggested that AECOM assess need for provision of a separate right-turn lane on the northbound approach at the intersection of Walnut Lane / Kingston Road. ◼ Reviewed the Preliminary Recommended Road Alignment, Cross-section and Intersection Details (consider planned improvements to Liverpool Road). Comments from the Region included: ─ There was a suggestion by the Region to provide additional storage for the northbound left -turn movement at the intersection of Walnut Lane Extension / Liverpool Road. The Region suggested to move the stop bar for the northbound approach further north and as close as possible to the nearest edge of the Highway 401 westbound off-ramp which forms the westbound leg of the intersection. AECOM will undertake Auto-Turn analyses to determine how far the stop bar could be shifted northerly without interfering with the westbound left-turning heavy vehicle paths at the intersection ─ The Region also asked that AECOM provide some additional write-up in the Traffic Report to indicate that the need for provision of a longer storage lane should be revisited beyond 2027 when the Region / MTO may consider widening the bridge. ─ The Region suggested to implement a “road diet” technique on Walnut Lane Extension (such as narrower traffic lanes, allowing on-street parking during off-peak hours, etc.). ─ Provide adequate width for eastbound dual rights. ─ The Region raised some road safety concerns regarding the location (being on the outside of a horizontal curve on the west en d of Walnut Lane Extension), traffic control devices, and close spacing between the existing access driveway to Home Depot / Food Basics off of Walnut Lane and the immediately adjacent local road. ◼ Discussed active transportation and public transit considerations: ─ the Region indicated that there could be a need for provision of cross-rides at the intersection of Walnut Lane Extension / Liverpool Road. The general agreement was that the design for the intersection makes necessary provisions for implementing cross -rides across different intersection legs. ─ At this time there are no plans to provide any transit service for the Walnut Lane Extension. ─ The Region suggested that an appropriate location and control type for a controlled mid-block crossing (as either an intersection pedestrian signal, a mid -block pedestrian signal, or PXO, etc.) be identified along the Walnut Lane Extension. - 622 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 140 Agency / Stakeholder Date of Meeting Purpose and Key Considerations ─ The Region is to provide the median busway drawings at the intersection of Walnut Lane / Kingston Road. The Region asked that the AECOM design drawing for the intersection of Walnut Lane / Kingston Road should reflect the future lane configuration on Kingston Road with median busways and far-side stops, etc. ◼ Noted that a traffic calming study is being completed. Suggested that AECOM consider travel paths of interest for non -residents (e.g., vehicles coming off the Liverpool Road Highway 401 WB off ramp), gateway treatments and positive guidance signage. Regional Municipality of Durham March 2, 2022 ◼ Meeting to discuss the Project ◼ For the Walnut Lane/Kingston Road intersection design, the Region requested that the intersection configuration be updated to integrate the Durham-Scarborough BRT detailed design work, with physical measures (along with the signage recommended in the Draft ESR and design drawings) to restrict the northbound through movement. Regional Municipality of Durham April 8, 2022 ◼ Meeting held with MTO and Durham Region to provide an overview of the modified Liverpool Road and Walnut Lane intersection de sign at Highway 401 interchange. ◼ Refer to above April 8, 2022 meeting summary provided under MTO. Property Owner at 1786 – 1790 Liverpool Road (TD Bank and Makimono Japanese Restaurant); Represented by Glen Square Limited and Advisory Services Investment Group February 11, 2021 ◼ AECOM provided overview of the draft plan drawings showing the proposed central alignment towards the east at the Liverpool R oad intersection. ◼ AECOM did look at shifting the access to 1790 Liverpool Road to the west and acknowledged the resulting challenges providing the following rationale as to why access for 1790 Liverpool Road is shown as closed in the future: ─ MTO has safety concerns (e.g., drivers going wrong way opposite MTO’s ramp terminal on to Highway 401 west bound and queuing of vehicles onto Liverpool Road). ─ MTO does not approve of a left turn movement from the new Walnut Lane Liverpool Road intersection on to Liverpool Road (north bound). MTO will only allow a right out turn movement on to Liverpool road (when green traffic signal) ─ Subject lands fall within MTO access control area and MTO has a setback requirement of 100 metres from its ramp terminal. ─ MTO did not provide approval for the current access to 1790 Liverpool road and therefore can legally remove the for the access. This area between Loblaws a nd Highway 401 was previously used a construction laydown area for the ministry. ─ Difficult grade differences (very steep). ─ The geometry does not work for large truck movements. ─ The current driveway access to 1790 Liverpool Road crosses over the KingSett Capital property to the south. ◼ There is interest to redevelop the 1790 Liverpool Road property and there is concern due to removal of the access. Explained they already approached Choice REIT Properties (Loblaws) to discuss the potential or 1790 Liverpool Road to use the current access to Pickering Parkway and Liverpool Road s ignalized intersection. Choice Properties cited grading and traffic concerns. ◼ The Project Team will look into concerns raised and if there is a potential solution to address closing the current 1790 Liverpool Road a ccess. Tribute Communities December 4, 2020 ◼ Provided an overview and status of the Walnut Lane MCEA study, including recommended design concept. ◼ Shared relevant project information. - 623 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 141 11.4 Indigenous Communities Consultation The duty to consult with Indigenous communities is triggered when a proponent contemplates decisions or actions that may adversely impact asserted or established Indigenous or Treaty rights. Consultation was initiated with Indigenous communities and organizations who were anticipated to have interest in the Project. A letter requesting interest in the project was circulated to the following Indigenous communities: ◼ Alderville First Nation ◼ Curve Lake First Nation ◼ Hiawatha First Nation ◼ Misssissaugas of Scugog Islands First Nation ◼ Huron Wendat First Nation ◼ Karry Sandy-McKenzie, Williams Treaty Claims Co-ordinator The above noted Indigenous Communities were circulated on all notifications and the study team also followed up via phone with those Communities that did not respond to the initial notice circulation. Correspondence received during Phases 1 to 3 of the MCEA process is summarized in Table 11-3. The complete Indigenous consultation record can be found in Appendix L. The Project Team responded to all comments to the extent possible. - 624 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 142 Table 11-3: Indigenous Community Correspondence – MCEA Phases 1, 2 and 3 Indigenous Community/ Organization Date Summary of Correspondence Project Team Response Curve Lake First Nation June 28, 2019 ◼ Curve Lake First Nation responded to the Notice of PIC #1 letter dated June 28, 2019. The letter specifies the project will require a special consultation framework outlined in Curve Lake First Nation’s Consultation and Accommodation Standards. Curve Lake First Nation requests a summary of how the project will address impacts to Aboriginal heritage and cultural values, drinking water, fish and wildlife, endangered species, lands, etc. A meeting may be set up to discuss the project. ◼ Curve Lake First Nation requests engagement for Stage 1 archaeological assessment to include Indigenous knowledge of the land, as well as at least one (1) of their Cultural Heritage Liaisons in subsequent Stage 2-4 assessments. Curve Lake First Nation is to be notified of any native burial sites or any other archaeological findings. ◼ Response issued November 4, 2020 offering virtual meeting to bring Curve Lake First Nation up to date on the Project. ◼ Summary prepared explaining how the Project will potentially address areas that are of concern to Curve Lake First Nation. ◼ Notified of archaeological assessment being completed. Curve Lake First Nation April 19, 2021 ◼ Provided comments on the draft stage 1 archaeological assessment report, including oral history to add to the report ◼ The stage 1 archaeological assessment report (Appendix F) has been updated to reflect the received comments. Huron-Wendat Nation November 18, 2020 ◼ Huron-Wendat Nation is requesting to receive copy of the Stage 1 report once available as well as being involved on field for the stage 2 archaeological field work. ◼ Stage 1 archaeological assessment report circulated to Huron-Wendat Nation on August 20, 2021. Huron-Wendat Nation August 27, 2021 ◼ Requested confirmation of funding for participation in the stage 2 archaeological field work. ◼ Huron-Wendat Nation will be engaged regarding participation prior to the stage 2 archaeological field work. - 625 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 143 12. Conclusion and Next Steps 12.1 Confirmation of Preferred Solution and Design Concept The preferred planning solution includes a combination of Alternatives 2, 3, 4 and 5 as follows: ◼ Alternative 2: Operational Improvements ◼ Alternative 3: Extend Walnut Lane Easterly to Liverpool Road ◼ Alternative 4: Widen or Extend Alternate Routes (Note: being addressed through other studies – future Liverpool Road Widening, Durham- Scarborough Bus Rapid Transit project, Complete Streets Strategy as per City’s Integrated Transportation Master Plan) ◼ Alternative 5: Transportation Demand Management The preferred design concept for the Walnut Lane extension and Pine Creek crossing span width is Alternative 1 – Central Alignment and Option 3: 36 metre Span Width. 12.2 Conclusions and Recommendations This MCEA covers the processes required to ensure that the proposed Walnut Extension meets the requirements of the Environmental Assessment Act. The preferred planning solution and design concept as described in Section 8 resolves the problem and opportunity statement (Section 5). Considering the above, it is recommended that: 1. Following MCEA documentation filing and clearance, the preferred solution and design concept proceed to the detailed design phase 2. Mitigation measures identified in Section 9 be expanded upon, where required, during detailed design and implemented as part of construction 3. Future Commitments, including remaining permits and approvals identified in Section 10 be addressed during the detailed design phase and construction and be monitored for fulfillment - 626 - Report to Council Report Number: FIN 10-22 Date: June 27, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: Annual Treasurer’s Statement Report – Summary of Activity for the Year Ended December 31, 2021 -File:F-4920-001 _____________________________________________________________________ Recommendation: 1.That Report FIN 10-22 of the Director, Finance & Treasurer entitled “Annual Treasurer’s Statement Report: Summary of Activity for the Year Ended December 31, 2021” as required by the Development Charges Act and Planning Act be received for information; and 2.That the City of Pickering’s “Annual Treasurer’s Statement Report” be made available to the public on the City of Pickering’s website. Executive Summary: Development Charges (DC) are collected by the City for the sole purpose of funding necessary infrastructure for new residents and businesses. All DC funds collected can be used only for the purpose in accordance with the Development Charges Act, 1997 (DCA). These funds are collected so that existing property owners are not unduly burdened by the cost of growth related infrastructure . The attached DC Statements are being provided for information in accordance with requirements of the DCA. The purpose of this report and associated statements is to ensure that all transactions related to development charges have been correctly accounted for and reported, as stipulated under the DCA. Section 43 of the DCA requires that the Treasurer provides Council with a financial statement relating to the Development Charges By-law and reserve fund established for each service as established under Section 33 of the DCA. Attachment 1 provides pre-audit details of the activity of the Development Charges Reserve Fund (DCRF) for the year ended December 31, 2021 in the manner prescribed by section 43(2)(a) of the DCA. Attachment 2 provides pre-audit details on information related to assets funded by the development charges by-law as stipulated by section 43(2) (b) of the amended DCA. Section 42 under the Planning Act, requires the Treasurer of the municipality to provide Council with a statement relating to the status of the cash -in-lieu of parkland reserve fund. This requirement is a result of the passage of Bill 73, Smart Growth for our Communities Act. - 627 - FIN 10-22 June 27, 2022 Subject: Annual Treasurer’s Statement Report – Summary of Activity Page 2 for the Year Ended December 31, 2021 _____________________________________________________________________ Section 37 under the Planning Act, requires the Treasurer of the municipality to provide the Council with a statement relating to the increases in height and density of development. Under City’s By-law No. 7590/17, this reserve fund was established as the Public Benefits Reserve Fund. Legislation requires Council to ensure that these statements are made available to the public. These statements will be posted on the City’s website to facilitate compliance with the amendment. Financial Implications: During the three-year period from 2019 to 2021 development charges collected were approximately $7.39 million in 2019, $12.49 million in 2020 and $9.12 million in 2021. Although there was a 27 percent decrease compared to 2020 collections, the 2021 collection is in line with the 5 year average of $9.4 million from 2017 to 2021. With the City prioritizing intensification and growth in Seaton, collections are expected to increase in the coming years. The reserve fund remains at a healthy balance of approximately $77.1 million pending future use of funds for qualified projects. Attachment 1 provides a breakdown of the various DC service categories. Two of the service categories are in a negative position (before commitments) due to DC funding for the new Operations Centre and the new financial system. Negative balances will be addressed through DC fees collected from current growth related activity and through the next DC Study which is scheduled to be complete by July 2022 . For the next DC study, negative balances are treated as a cost that will be recovered through higher DC rates. The overall positions of the Development Charges Reserve Fund for the period of 2016 to 2021 is presented below. Development Charges Reserve Fund Summary – 2016 to 2021 2016 ($) 2017 ($) 2018 ($) 2019 ($) 2020 ($) 2021 ($) Opening Balance 40,941,619 43,318,105 48,100,585 58,789,415 62,598,255 69,376,247 Collections 3,567,372 5,311,744 13,033,850 7,386,544 12,492,201 9,118,065 Net Transactions incl. Use of Funds (1,190,886) (529,264) (2,345,021) (3,577,704) (5,714,209) (1,415,485) Ending Balance 43,318,105 48,100,585 58,789,415 62,598,255 69,376,247 77,078,827 Budget Commitments (13,722,103) (18,392,441) (19,089,535) (27,144,954) (36,469,498) (60,687,888) End Bal After Budget Commitments 29,596,002 29,708,144 39,699,880 35,453,301 32,906,749 16,390,939 * * If you include the City Centre project (approved in 2020) the ending balance commitment is in a deficit position ($72,873,181) - 628 - FIN 10-22 June 27, 2022 Subject: Annual Treasurer’s Statement Report – Summary of Activity Page 3 for the Year Ended December 31, 2021 _____________________________________________________________________ As indicated in the above table, funds balances have been positive from 2015 to 2019. The City Centre project was introduced in 2020 with a DC funding commitment of approximately $90.1 million. If we exclude the City Centre project from the budget commitments, both the 2020 and 2021 DC fund balance would be in a net positive positon. The Treasurer’s Statement for the Parkland and Public Benefits Reserve Funds as required under the Planning Act is as follows: Public Parkland Benefits ($) ($) Open Balance January 1, 2021 8,321,222 301,209 Revenues Developer/Third Party Contributions 834,920 0 Interest Income 93,546 3,938 Total Revenue 928,466 3,938 Expenses Transfers to Capital Fund (686,335) (40,000) Net Change for the Current Year 242,130 (36,062) GL Bal. before commitments December 31, 2021 8,563,353 265,147 Budget Commitments 2021 & Prior (3,315,814) (265,147) Funds Balance after Budget Commitments 5,247,538 0 Amendments were made to the Planning Act in 2020 with the passage into law of Bill 197 – COVID-19 Economic Recovery Act. This bill allows municipalities to impose a Community Benefit Charge (CBC), which will allow single-tier and lower-tier municipalities to collect fees from developer’s (on top of Development Charges and Parkland Dedication) to pay for capital costs of community facilities and administrative studies. The City is currently in the process of concluding our Community Benefits Charge Strategy and intends to have a by-law in place by Summer 2022. The CBC will replace the current Public Benefits Reserve Fund under Section 37 (increased density allocations). The residual funds remaining in the Public Benefits Reserve Fund have been committed to ongoing capital projects and the Reserve Fund will be closed upon completion of these projects. - 629 - FIN 10-22 June 27, 2022 Subject: Annual Treasurer’s Statement Report – Summary of Activity Page 4 for the Year Ended December 31, 2021 _____________________________________________________________________ Discussion: Funds are not transferred out of the Development Charges Reserve Fund for projects until the funds are actually needed, as required by applicable accounting rules. This ensures that the reserve fund continues to earn interest income on the unspent monies until such time as actual expenses are incurred. The total pre-audit reserve fund balance of $77.1 million represented in Attachment 1 represents the unspent monies as at December 31, 2021. Please note that there are approximately $150.0 million of committed capital projects, ongoing studies, and financial obligation that have been approved in prior years, but have not proceeded or are still ongoing as at December 31, 2021. Of the $150.0 million in commitments, approximately 69 percent or $103.3 million are related to the City Centre projects ($89.3 million) the Pickering Heritage Community Centre ($14.0 million). However, when you consider the 401 Bridge and Road Crossing project and its current estimated projected cost, sometime in the near future, there is a possibility that all of the DC components will be in a deficit position. Having various DC components in a deficit position is not unusual when you consider that the City is now transitioning from a moderate to a higher growth scenario due to Seaton and downtown area intensification. As presented in Attachment 1, there is approximately $19.9 million in outstanding debenture commitments across three service categories. These debenture commitments are for three capital projects: New Operations Centre ($10.8 million), construction of Fire Station #1 ($8.1 million) and purchase of land in north Seaton for a new Fire Station ($1.0 million). The terms of these debentures range from 10-years to 20-years, with the most recent debenture being for the construction of Fire Station #1 being undertaken in 2021. The total projected net deficit position after all budget expenditures, was approximately $72.9 million for the year-ended December 31, 2021. In order to meet the new requirements under section 43(2.1) of the amended DCA and section 37 and 42 of the Planning Act, it is recommended that these statements be placed on the City’s website upon approval by Council. Attachments: 1.2021 Statement of the Treasurer – Development Charges Reserve Fund (Pre- Audit) 2.Amount Transferred to Assets – Capital & Current Funds Transactions (Pre-Audit) - 630 - FIN 10-22 June 27, 2022 Subject: Annual Treasurer’s Statement Report – Summary of Activity Page 5 for the Year Ended December 31, 2021 _____________________________________________________________________ Prepared By: Approved/Endorsed By: Original Signed By:Original Signed By: Jason Bekramchand, CPA Stan Karwowski, CPA, CMA, MBA Senior Financial Analyst – Capital & Director, Finance & Treasurer Debt Management Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 631 - Attachment #1 to Report FIN 10-22 City of Pickering 2021 Statement of the Treasurer - Development Charges Reserve Fund - (Pre Audit) DC Act S 43 (2)(a) For the year ended December 31, 2021 Account Description Services to which the Development Charges Relates 8601 8602 8603 8604 8605 8606 8607 Protective Services Transportation Other Services Related to a Highway (Deficit) Storm Water Mgmt Studies (Deficit) Parks & Recreation Library: Facilities & Materials Total Opening Balance, January 1, 2021 Plus: Development Charges Collections Interest Income-Internal Investment Interest Income-Negative Balance Interest Income -External Investment Less Admin Fee $ 2,672,511 611,923 967 1,204 32,809 (2,715) $ 32,396,812 2,875,244 11,717 14,592 387,630 (32,907) $ (827,415) 299,502 - (12,016) - $ 3,781,297 195,768 1,368 1,703 45,176 (3,841) $ $ (1,464,379) 27,693,829 203,725 4,233,354 -10,016 (20,265) 12,474 -333,568 (28,130) $ 5,123,592 698,549 1,853 2,308 61,641 (5,204) $ 69,376,247 9,118,065 25,920 0 860,823 (72,798) Sub-Total 644,188 3,256,276 287,486 240,173 183,460 4,561,282 759,147 9,932,011 Less: 2021 Transfer to Capital Funds 1 2021 Transfer to Current Funds 1 (188,769) (193,439) 3 (727,772) - - (411,758) 3 (12,802) - (97,577) (114,293) (157,548) (263,255) 3 (62,218) - (1,203,431) (1,026,000) Sub-Total 2020 (382,208) (727,772) (411,758) (12,802) (255,125) (377,548) (62,218) (2,229,431) Closing Balance, December 31, 2021 before Budget Commitments 2,934,491 34,925,316 (951,687) 4,008,668 (1,536,044) 31,877,563 5,820,521 77,078,827 Less Budget Commitments 2 (2,725,770) (12,258,278) (515,772) (3,611,237) (853,866) (82,476,779) (27,630,960) (130,072,661) Less Debt Chrgs Commitments 4 (9,109,714) -(6,593,772) --(4,175,862) -(19,879,348) Sub-Total Budget Commitments (11,835,484) (12,258,278) (7,109,544) (3,611,237) (853,866) (86,652,641) (27,630,960) (149,952,009) Closing Balance, December 31, 2021 after Budget Commitments-(Deficit) (8,900,993) 22,667,038 (8,061,230) 397,431 (2,389,910) (54,775,077.25) (21,810,439) (72,873,181) Notes 1. See Attachment 2 for detailed breakdown. 2. Budget commitments include capital projects previously approved, but have not proceeded or still ongoing. 2021 & Prior Commitments. 3. Annual principal & interest payment related DC debenture financing 4. Includes outstanding principal & interest payments related to DC debenture financing The Municipality is compliant with s.s.59.1(1) of the Development Charges Act, whereby charges are not directly or indirectly imposed on development nor has a requirement to construct a service related to development been imposed, except as permitted by the Development Charges Act or another Act. - 632 - 1 of 4 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit) For the year ended December 31, 2021 Attachment #2 to Report FIN 10-22 DC Act S 43 (2)(b) DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 6: DC RF 6: DC RF 6: Funded in Funded in Future prior years 2021 Funding 1 Other Type of Funds Reserves/Re (R=Reserve, Property Other serve Funds RF=Reserve Fund) Taxes Sources Type Total Funding Development Related Studies Integrated Transportation Master Plan (ITMP) 10500-502230 376,892 309,295 4,738 27,967 34,892 376,892 Beachfront Park Rehab & Needs Assessment 10500-502230 78,526 26,202 29,781 0 22,543 78,526 New Financial System C10600.1801.80 5,000,000 1,323,680 97,577 535,243 1,743,500 R-Rate Stabilization 1,300,000 R-Financial System 5,000,000 Comprehensive Zoning By-law Review-Phse 1 to 3 10105-502230 371,389 74,481 91,350 84,858 120,701 371,389 City Centre Storm Water Mgmt Strategy 10510-502230 249,156 12,474 5,969 205,798 24,916 R-DC City's Share 249,156 5 Year Capital and Operating Cost Financial Impact Analysis 10600-502230 32,387 0 12,676 0 19,711 32,387 DC Bylaw and new Community Benefit Charge (CBC) Bylaw 10600-502230 13,034 0 13,034 0 13,034 Sub-total Studies Protective Services 6,121,384 1,746,131 255,125 853,866 1,768,416 -197,847 1,300,000 6,121,384 Seaton- New Fire Hall-Site Preparation, Other Construction Re C10700.1601 C10700.1901/2008/ 430,000 299,997 16,877 102,376 10,750 R-DC City's Share 430,000 FS #1 New Fire Station & HQ (Seaton) Bunker Gear & Breathin 2102 273,453 117,970 0 155,483 273,453 Aerial Ladder Truck (Seaton Fire Station #1) - New - Aerial LadC10700.1903 1,510,641 0 58,151 1,414,977 37,513 RF - Seaton Land Grp FIA 1,510,641 Seaton FS#1- New Fire Station & H.Q.Re-design - Design and C10700.2007 FS #1 New Fire Station & HQ (Seaton) - Construction Cost 445,000 184,925 106,828 142,122 11,125 R-DC City's Share 445,000 (DC Debt funded) C10700.2007 FS #1 New Fire Station & HQ (Seaton) - Construction DC 8,980,320 0 0 6,213,000 2 2,320 2,765,000 Debt 20-Yr 8,980,320 Debt (Interest only) 11100 1,923,830 73,479 1,850,351 1,923,830 Small Vehicle (Seaton Fire Station A) - New C10700.2105 55,000 0 0 53,625 1,375 Third Party Contri RF - Seaton Land Grp 55,000 FS #1 New Fire Station & HQ (Seaton) - FF&E C10700.2107 300,000 0 0 207,500 92,500 FIA RF - Seaton Land Grp 300,000 Fire Hall Technology - Seaton C10405.2101 40,000 0 0 39,000 1,000 FIA RF - Seaton Land Grp 40,000 Seaton North FS - Land (Debt charges) 11100 Animal Shelter - Design (portion of facility dedicated for By- 1,946,628 0 119,961 1,046,363 2 21,000 FIA 1,304 758,000 Debt 10-Yr 1,946,628 Law services) C10430.2101 909,000 0 6,914 610,686 3 291,400 RF - Animal Shelter 909,000 Sub-total Fire Services 16,813,872 602,892 382,208 11,835,484 465,288 3,624 3,524,375 16,813,872 Transportation C ty s S a e & BR-1 Third Concession Road - Brock Road to 425m East (T/L) C10575.1101 1,576,525 117,844 233,142 43,788 374,750 FGT 1,000 806,000 Debt 15-Yr 1,576,525 BR-4 Brock Rd. East Side Dellbrook To Finch Ave. C10575.1203 232,372 107,578 8,608 0 116,186 R-DC City's Share 232,372 B-29 Sandy Beach Road - EA, Design C10575.1609 675,000 163,318 0 174,182 37,500 R-AIP 300,000 Loan 10-Yr 675,000 Walnut Lane Extension Study & EA and Detail Design (related C10575.1801 461,226 214,080 14 131,826 115,307 R-DC City's Share 461,226 DH-4 Valley Farm Road - Road Oversizing - DH-4 Valley Farm C10575.1804 288,000 48,768 0 210,432 28,800 R-DC City's Share 288,000 B-29 Sandy Beach Rd. - Road Reconstruction Phase 1 - Sandy C10575.1904 2,000,000 0 0 1,000,000 1,000,000 R-DC City's Share 2,000,000 Purchase of Part Lot 21, Concession I, Pickering, being part of C10600.2001 831,761 604,966 0 18,855 0 207,940 Third Party Contribu 831,761 - 633 - 2 of 4 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit) For the year ended December 31, 2021 DC Act S 43 (2)(b) DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 6: DC RF 6: DC RF 6: Funded in Funded in Future prior years 2021 Funding 1 Other Type of Funds Reserves/Re (R=Reserve, Property Other serve Funds RF=Reserve Fund) Taxes Sources Type Total Funding B-26B A-11 (Plummer Street) C10575.2001 364,045 0 0 273,033 91,012 R-DC City's Share 364,045 Highway 401 Road Crossing Design C10575.2002 3,478,460 0 14,043 1,586,049 1,391,384 Third Party Contribution 486,984 Loan 2-Yr 3,478,460 Land Acquisition-Hghwy 401/Notion Rd Crossing-connecting N C10575.2004 5,000,000 1,116,222 0 133,778 3 1,250,000 RF- Roads & Bridges 2,500,000 Third Party Contribu 5,000,000 Hwy 401 Road Crossing - Land Acquisition - Phase 2 C10575.2004 15,000,000 0 0 6,825,000 3 6,000,000 Third Party Contribution 2,175,000 Loan 2-Yr 15,000,000 City Centre Relocation of Services C11100.2006/C10525 7,489,000 0 0 600,000 3 0 0 6,889,000 Debt-25 Yr 7,489,000 City Dev Projects-DCRF committed 582,320 0 582,320 5 0 0 582,320 DH-15 - Brock Road (Both Sides) Third Concession road to CP underpass sidewalk/multi-use trail, streetlights C10575.1106 1,069,250 0 471,965 62,535 0 750 534,000 Debt-15 Yr 1,069,250 Sidewalks W0-2,WO-10 Kingston Rd & Altona C10515.1603/1801/1 782,660 0 0 391,330 391,330 R-DC City's Share 0 782,660 Finch Ave (Townline to Altona) - Finch Ave - Townline to AltonaC10575.1401 74,362 55,772 0 0 18,591 R-DC City's Share 74,362 1 Ton Dump Truck with Aluminum Body, Plow and Salter - New C10315.2113 225,149 0 0 225,149 225,149 Sub-total Transportation 40,130,130 2,428,547 727,772 12,258,278 10,814,860 1,750 13,898,924 40,130,130 Stormwater Management B-20 D Krosno Creek SWM Facility Design C10575.1904 965,400 0 0 463,392 502,008 R-DC City's Share 965,400 B-20 C Krosno Creek SWM Facility Construction - B-20 Krosno CreekC10575.1904 1,315,000 0 0 631,200 683,800 R-DC City's Share 1,315,000 Breezy Drive/Sunrise Ave. Storm Sewer Outfall Reconstruction C10575.1903 596,300 8,939 12,802 127,335 447,225 R-DC City's Share 596,300 Installation of Oil Grit Separators - Installation of Oil Grit Separators F C10575.1903 300,900 0 0 85,310 215,590 R-DC City's Share 300,900 Krosno Creek Culvert Replacements & Erosion Control Construction C10575.1910 4,800,000 0 0 2,304,000 2,496,000 R-DC City's Share 4,800,000 Sub-total Stormwater Management 7,977,600 8,939 12,802 3,611,237 4,344,623 7,977,600 Other Services Related to a Highway Sidewalk Plow with Attachments - New C10305.2004 168,510 0 0 168,510 0 168,510 5 Ton Dump Truck with Plow and Wing - New (Seaton) (5319 RC10315.2006 307,262 0 0 307,262 0 307,262 Front Plow and Wing Attachments for Seaton - New C10315.2106 40,000 0 0 40,000 0 40,000 Operations Centre-Debt Charges 61% of total debt charges 11100 8,279,058 1,273,529 411,758 6,593,772 2 0 8,279,058 Sub-total 8,794,830 1,273,529 411,758 7,109,544 0 8,794,830 - 634 - 3 of 4 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit) For the year ended December 31, 2021 DC Act S 43 (2)(b) DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 6: DC RF 6: DC RF 6: Funded in Funded in Future prior years 2021 Funding 1 Other Type of Funds Reserves/Re (R=Reserve, Property Other serve Funds RF=Reserve Fund) Taxes Sources Type Total Funding Parks & Recreation Services Indoor Soccer Facility and Land - Design & Construction of Ind C10220.1401 7,296,605 3,369,586 0 114,543 78,375 R-DC City's Share 101 3,734,000 Debt 15-Yr 7,296,605 Duffin Heights Village Green (East)-New C10320.1708 190,000 0 5,670 161,055 23,275 190,000 Duffin Heights Neighbourhood Park Construction C10320.1808 600,000 18,350 0 508,150 73,500 R-DC City's Share 600,000 Seaton (P103) Village Green Construction C10320.1816 210,000 0 0 184,275 25,725 RF-FIA 210,000 Seaton (P104) Village Green Construction C10320.1817 285,000 0 0 250,087 34,913 RF-FIA 285,000 Seaton (P-102) Neighbourhood Park Construction C10320.1819 950,000 804,723 0 28,902 116,375 RF-FIA 950,000 Village Green Seaton P-114 (88/12) C10320.1909 C10320.2023-2025, Seaton Parks P-123,P-112,P-113, P127, P-126, P-105, P-2118, 2119, 2132, 222,000 0 0 194,805 27,195 RF-Parkland 222,000 106, P-107 2133, 2138 Pickering Heritage & Community Ctr (Design)-Community Ctr 4,496,632 0 0 4,078,636 417,996.00 RF-Seaton FIA R-Rate Stabilization: $693K RF-DC City's Share: RF-DC Library 4,496,632 component C10220.2011 1,503,779 104,063 21,860 72,860 753,943 4 $61K 551,052 Facilities Grant-Fed: $300k RF-DC Library 1,503,779 PHCC Project Management C10220.2011 450,000 0 0 42,630 76,500 4 R-DC City's Share 330,870 Facilities: $30,870 Grant-Fed: $4.0M 450,000 PHCC - Construction C10220.2011 29,080,000 30 0 7,993,700 5,694,400 4 RF-DC Library Facilities 15,391,900 Debt 20-Yr: $11.39M 29,080,000 Rotary Frenchman's Bay West Park Waterfront Master Plan C10320.1912 Design-Rotary Frenchmans Bay West Park- 2,000,000 0 44,801 955,199 1,000,000 R-DC City's Share 2,000,000 Change/Washrooms & Staff Room- Consulting services for C10320.1913 44,117 14,954 4,899 0 24,264 44,117 Rotary Frenchmans Bay West-Accessibility C10320.1913 Seaton Community Centre - Preliminary Planning, 1,000,000 0 34,264 465,736 500,000 R-DC City's Share 1,000,000 Investigations & Design C10260.2101 150,000 0 0 138,450 11,550 RF-Seaton FIA 150,000 Skate Board Park (Skate spot) (Location C10320.2124 200,000 0 0 100,000 100,000 R-DC City's Share 200,000 Skate Board Park - Community Size ( Civ C10320.2134 DC Debt Charges. 39% of total debt charges-Construction of 70,000 0 2,798 32,202 35,000 R-DC City's Share 70,000 a new Operations Centre. The project budget includes costs 11100 C11100.2001/ 5,253,341 814,223 263,255 4,175,862 2 -5,253,341 Performing Arts Centre C10225.2201 C11100.2003/ 64,640,000 284,524 0 12,404,476 3 51,951,000 Debt-25 Year 64,640,000 Senior & Youth Centre C10265.2201 C11100.2004/C102 41,290,000 679,818 0 35,552,182 3 5,058,000 Debt-25 Year DCRF-Library 41,290,000 City Centre Bridge Link 65.2202 C11100.2005/C102 5,671,000 11,109 0 1,826,891 3 1,844,000 Facilities 1,989,000 Debt-25 Year 5,671,000 City Centre Underground Parking Garage 65.2203 28,337,000 0 0 17,372,000 3 3,328,000 RF-DC Library Facilities 7,637,000 Debt-25 Year 28,337,000 Sub-total Library Facilites & Materials Pickering Heritage & Community Ctr (Design)-Archive Facility 193,939,473 6,101,350 377,548 86,652,641 14,140,747 24,365 86,642,822 193,939,473 component C10220.2011 0 296,180 62,218 192,654 4 (551,052) 4 RF-DC Library Facilities 0 PHCC Project Management C10220.2011 0 0 0 30,870 4 (30,870) 4 RF-DC Library Facilities 0 - 635 - 4 of 4 City of Pickering Amount Transferred to Assets - Capital & Current Fund Transactions (Pre-Audit) DC Act S 43 (2)(b) For the year ended December 31, 2021 DC Recoverable Cost Share Non - DC Recoverable Cost Share Description Project Code Gross Capital Costs DC RF 6: DC RF 6: DC RF 6: Funded in Funded in Future prior years 2021 Funding 1 Other Reserves/Re serve Funds Type of Funds (R=Reserve, Property Other RF=Reserve Fund) Taxes Sources Type Total Funding PHCC Archives & Library Space - Construction Outreach Vehicle Seaton Regional Library - Schematic Design New Central Library-Consulting, Construction & Landscaping costs City Centre Bridge Link City Centre Underground Parking Garage C10220.2011 C10900.2109 C10905.2101 C11100.2002/C109 00.2201 C11100.2004/C102 65.2202 C11100.2005/C102 65.2203 0 220,000 25,000 39,884,000 0 0 0 0 5,694,400 3 4 0 198,000 0 6,465 434,283 0 16,347,718 11,147 0 1,832,853 3 4 0 0 3,328,000 3 4 (5,694,400) 4 22,000 18,535 (1,844,000) 4 (3,328,000) 4 RF-DC Library Facilities R-Vehicle Replacement RF-Seaton FIA 23,102,000 Debt-25 Year RF-DC Library Faciliites RF-DC Library Faciliites 0 220,000 25,000 39,884,000 0 0 Sub-total 40,129,000 741,609 62,218 27,630,960 (11,407,787) 23,102,000 40,129,000 Grand Total 313,906,290 12,902,996 2,229,431 149,952,009 20,126,146 227,586 128,468,121 313,906,290 Notes 1 Projects ongoing. Future funding for incomplete component. DC RF will be drawn when expenses are incurred. 2 DC Costs relates to Debt charges undertaken for the projects 3 Projects have been restated in the 2022 DC Background Study 4 Presented as in/out to show funding from "Library Facilities". Total costs and sources of funds presented in "Parks & Recreation". 5 Amount presented relates to DC RF budget commitments only, combined 4 projects. No expenses in 2021. 6 Development Charges Reserve Fund (DC RF) - 636 - Report to Council Report Number: FIN 11-22 Date: June 27, 2022 From: Stan Karwowski Director, Finance & Treasurer Subject: 2022 Final Property Tax Due Date for Commercial, Industrial, and Multi- Residential Realty Tax Classes File: F-4200-001 Recommendation: 1.That Report FIN 11-22 of the Director, Finance & Treasurer be received; 2.That the Director, Finance & Treasurer be authorized to issue the final 2022 Property Tax Bills for Commercial, Industrial, and Multi-Residential properties with a due date of September 28, 2022; 3.That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary, including altering the due date, in order to ensure that the tax billing process is completed and in order to comply with Provincial Regulations; 4.That the draft By-law attached to this report be enacted; and 5.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Adoption of the above recommendations and passing the attached By-law provides for the final 2022 property tax billing for non-residential realty tax classes (commercial, industrial, and multi-residential). Financial Implications: The attached By-law is for the final billing of 2022 property taxes for commercial, industrial, and multi-residential properties. This billing of final non-residential property taxes will raise approximately $32 million for the City, Region of Durham, and the School Boards. Tax bills for the residential tax classes were mailed during the last week of May, with due dates of June 28th and September 28th. Discussion: In 1998 the Province passed legislation that capped property tax increases and decreases. This became known as “capping” and affected more than 3,200 properties in Durham Region. The intentions were noble but the process ended up being overly complicated and resulted in unfairness between property owners. Municipalities lobbied the Province to remove this capping consideration and in 2016 the Province added additional options to expedite the exit from this inequitable program. All properties in Durham have now exited this - 637 - FIN 11-22 June 27, 2022 Subject: 2022 Final Property Tax Due Date for Commercial, Industrial Page 2 and Multi-Residential Realty Tax Classes ___________________________________________________________________________ program and are now taxed equitably with other properties. By doing so the process of calculating property tax bills and adjustments for non-residential properties has become easier. In addition to mailing the tax bills, the City will advertise the tax instalment due date on the City’s webpage and in the Pickering News Advertiser as part of our communication strategy. Attachment: 1.By-law to Establish the 2022 Final Property Taxes and Due Date for the Commercial, Industrial, and Multi-Residential Realty Tax Classes Prepared By: Approved / Endorsed By: Original Signed By:Original Signed By: Karen Uphoff Stan Karwowski Supervisor, Taxation Director, Finance & Treasurer Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 638 - Attachment #1 to Report FIN 11-22 The Corporation of the City of Pickering By-law No. 7946/22 Being a By-law to Establish the 2022 Final Property Tax Due Date for the Commercial, Industrial, and Multi-Residential Realty Tax Classes Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to pass a By-law to levy a separate tax rate on the assessment in each property class; and, Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990, ch.A.31 as amended, and its Regulations; and, Whereas it is necessary for the Council of The Corporation of the City of Pickering, pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended, to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the City of Pickering; and, Whereas the Regional Municipality of Durham has passed By-law No 06-2022 to establish tax ratios, and By-law No. 08-2022 to adopt estimates of all sums required by the Regional Municipality of Durham for the purposes of the Durham Region Transit Commission, and By- law No. 09-2022 to set and levy rates of taxation for Regional Solid Waste Management, and By-law No. 07-2022 to set and levy rates of taxation for Regional General Purposes and set tax rates on area municipalities; and, Whereas an interim levy was made by the Council of The Corporation of the City of Pickering (pursuant to By-law No. 7897/22) before the adoption of the estimates for the current year; and, Whereas sub section 342 (2) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, permits the issuance of separate tax bills for separate classes of real property for year 2022. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: 1.For the year 2022, The Corporation of the City of Pickering (the “City”) shall levy upon all Property Classes (Residential, Commercial, Industrial and Multi-residential) as set out in Schedule “A” of By-law 7927/22, the rates of taxation, for the City of Pickering, the Region of Durham, and for Education purposes on the current value assessment. 2.Where applicable, taxes shall be adjusted in accordance with the Continued Protection for Property Taxpayers Act, 2000, as amended and its Regulations. - 639 - By-law No. 7946/22 Page 2 3.The levy shall be reduced by the amount of the interim levy for 2022. 4.The 2022 taxes owed for the commercial, industrial, and multi-residential assessed properties shall be due in one instalment on September 28, 2022, or as adjusted by the Treasurer. 5.Except in the case of taxes payable under Section 33 and 34 of the Assessment Act, R.S.O. 1990, c.A31, as amended, the percentage charge as a penalty for non-payment of taxes and monies payable as taxes shall be added to every tax or assessment, rent or rate of any instalment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.O. c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates, or instalments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.O. c.25 as amended. 6.If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for The Corporation of the City of Pickering that all remaining sections and portions of this By-law continue in force and effect. 7.Taxes shall be payable to the Treasurer, City of Pickering. 8.This By-law is to come into effect on the date of its final passing. By-law passed this 27th day of June, 2022. _________________________________ Dave Ryan, Mayor _________________________________ Susan Cassel, City Clerk - 640 - Schedule I 2022 Budget Tax Levy 76,083,834 2022 Calculated Tax Rates 2022 Tax Weighted & Disc City Region Education Total Pickering Region Education TOTAL RTC Phase-In Ratios Assmt Tax Rate Tax Rate Tax Rate Tax Rate Billing Billing Billing BILLING Property Class 0.00335906 0.00122457 RT Residential 17,569,640,798 1.0000 17,569,640,798 0.00335906 0.00612285 0.00153000 0.01101191 59,017,478 107,576,275 26,881,550 193,475,303 FT Farm 161,766,800 0.2000 32,353,360 0.00067181 0.00122457 0.00038250 0.00227888 108,677 198,095 61,876 368,647 TT Managed Forest 5,114,900 0.2500 1,278,725 0.00083977 0.00153071 0.00038250 0.00275298 4,295 7,829 1,956 14,081 PT Pipelines 32,582,000 1.2294 40,056,311 0.00412963 0.00752743 0.00880000 0.02045706 134,552 245,259 286,722 666,532 MT Multi-Residential 192,471,300 1.8665 359,247,681 0.00626969 0.01142831 0.00153000 0.01922800 1,206,735 2,199,622 294,481 3,700,838 CT Commercial 1,031,979,313 1.4500 1,496,370,004 0.00487064 0.00887813 0.00880000 0.02254877 5,026,400 9,162,046 9,081,418 23,269,864 CU Commercial - Excess Land 24,139,951 1.4500 35,002,929 0.00487064 0.00887813 0.00880000 0.02254877 117,577 214,318 212,432 544,326 CX Commercial Vacant Land 33,775,300 1.4500 48,974,185 0.00487064 0.00887813 0.00880000 0.02254877 164,507 299,862 297,223 761,591 XT Commercial (New Construction) Full 293,907,175 1.4500 426,165,404 0.00487064 0.00887813 0.00880000 0.02254877 1,431,516 2,609,346 2,586,383 6,627,245 XU Commercial (New Construction) Exc Land 5,405,825 1.4500 7,838,446 0.00487064 0.00887813 0.00880000 0.02254877 26,330 47,994 47,571 121,895 ST Shopping Centres 634,914,891 1.4500 920,626,592 0.00487064 0.00887813 0.00880000 0.02254877 3,092,442 5,636,857 5,587,251 14,316,550 SU Shopping Centres Excess Land 1,643,658 1.4500 2,383,304 0.00487064 0.00887813 0.00880000 0.02254877 8,006 14,593 14,464 37,062 ZT Shopping Centre (New Construction)62,465,800 1.4500 90,575,410 0.00487064 0.00887813 0.00880000 0.02254877 304,248 554,579 549,699 1,408,527 ZU Shopping Ctr Exc Land (New Construction)88,000 1.4500 127,600 0.00487064 0.00887813 0.00880000 0.02254877 429 781 774 1,984 DT Office Building 81,192,264 1.4500 117,728,783 0.00487064 0.00887813 0.00880000 0.02254877 395,458 720,835 714,492 1,830,786 GT Parking Lot 2,098,900 1.4500 3,043,405 0.00487064 0.00887813 0.00880000 0.02254877 10,223 18,634 18,470 47,328 IT Industrial 191,075,283 2.0235 386,640,835 0.00679706 0.01238959 0.00880000 0.02798665 1,298,750 2,367,344 1,681,462 5,347,557 JT Industrial (New Construction)13,004,100 2.0235 26,313,796 0.00679706 0.01238959 0.00880000 0.02798665 88,390 161,115 114,436 363,941 IU Industrial Excess Land 1,100,858 2.0235 2,227,586 0.00679706 0.01238959 0.00880000 0.02798665 7,483 13,639 9,688 30,809 IX Industrial Vacant Land 15,744,600 2.0235 31,859,198 0.00679706 0.01238959 0.00880000 0.02798665 107,017 195,069 138,552 440,639 JU Industrial Excess Land (New Construction)1,986,700 2.0235 4,020,087 0.00679706 0.01238959 0.00880000 0.02798665 13,504 24,614 17,483 55,601 LT Large Industrial 48,518,500 2.0235 98,177,185 0.00679706 0.01238959 0.00880000 0.02798665 329,783 601,124 426,963 1,357,870 LU Large Industrial - Excess Land 1,615,400 2.0235 3,268,762 0.00679706 0.01238959 0.00880000 0.02798665 10,980 20,014 14,216 45,210 KT Large Industrial (New Construction)17,266,000 2.0235 34,937,751 0.00679706 0.01238959 0.00880000 0.02798665 117,358 213,919 151,941 483,217 Total Taxable 20,423,498,316 21,738,858,138 73,022,137 133,103,765 49,191,504 255,317,405 Payments in Lieu Properties RF Residential 168,286,200 1.0000 168,286,200 0.00335906 0.00612285 0.00153000 0.01101191 565,283 1,030,391 257,478 1,853,152 RP Residential - Tax Tenant 42,522,900 1.0000 42,522,900 0.00335906 0.00612285 0.00153000 0.01101191 142,837 260,361 65,060 468,258 RG Residential - General 59,035,000 1.0000 59,035,000 0.00335906 0.00612285 0.00000000 0.00948191 198,302 361,462 0 559,765 RH Residential - Full Shared PIL 240,200 1.0000 240,200 0.00335906 0.00612285 0.00153000 0.01101191 807 1,471 368 2,645 FF Farm 119,182,900 0.2000 23,836,580 0.00067181 0.00122457 0.00038250 0.00227888 80,068 145,948 45,587 271,604 FP Farm - Tax Tenant 20,164,600 0.2000 4,032,920 0.00067181 0.00122457 0.00038250 0.00227888 13,547 24,693 7,713 45,953 CF Commercial Full 131,888,800 1.4500 191,238,760 0.00487064 0.00887813 0.00980000 0.02354877 642,383 1,170,926 1,292,510 3,105,819 CH Commercial Full - Shared PIL 42,270,350 1.4500 61,292,008 0.00487064 0.00887813 0.00980000 0.02354877 205,884 375,282 414,249 995,415 CP Commercial Full - Tax. Tenant 1,663,800 1.4500 2,412,510 0.00487064 0.00887813 0.00980000 0.02354877 8,104 14,771 16,305 39,180 CG Commercial General 49,487,900 1.4500 71,757,455 0.00487064 0.00887813 0.00000000 0.01374877 241,038 439,360 0 680,398 CV Commercial Full - Excess Land 2,478,100 1.4500 3,593,245 0.00487064 0.00887813 0.00980000 0.02354877 12,070 22,001 24,285 58,356 CW Commercial General Excess Land 1,833,900 1.4500 2,659,155 0.00487064 0.00887813 0.00000000 0.01374877 8,932 16,282 0 25,214 CZ Commercial Gen - Vacant Land 3,888,000 1.4500 5,637,600 0.00487064 0.00887813 0.00000000 0.01374877 18,937 34,518 0 53,455 CJ Commercial - Vacant Land Shared PIL - 1.4500 - 0.00487064 0.00887813 0.00980000 0.02354877 - - - - DH Office Building Full - Shared PIL 27,365,915 1.4500 39,680,577 0.00487064 0.00887813 0.00980000 0.02354877 133,290 242,958 268,186 644,434 IG Industrial General PIL 69,000 2.0235 139,622 0.00679706 0.01238959 0.00000000 0.01918665 469 855 0 1,324 IH Industrial Full- Shared PIL 23,431,800 2.0235 47,414,247 0.00679706 0.01238959 0.01250000 0.03168665 159,267 290,310 292,898 742,475 IP Industrial Full- Tax Tenant 280,900 2.0235 568,401 0.00679706 0.01238959 0.01250000 0.03168665 1,909 3,480 3,511 8,901 IK Ind. Excess Land - Shared PIL 2,576,600 2.0235 5,213,750 0.00679706 0.01238959 0.01250000 0.03168665 17,513 31,923 32,208 81,644 IQ Ind. Excess Land Tax Tenant PIL - 2.0235 - 0.00679706 0.01238959 0.01250000 0.03168665 - - - - IJ Industrial Vacant Land Shared PIL 3,110,000 2.0235 6,293,085 0.00679706 0.01238959 0.01250000 0.03168665 21,139 38,532 38,875 98,545 IZ Industrial Vacant Land General PIL 515,000 2.0235 1,042,103 0.00679706 0.01238959 0.00000000 0.01918665 3,500 6,381 0 9,881 LK Large Ind. Excess Land - Shared PIL 7,874,600 2.0235 15,934,253 0.00679706 0.01238959 0.01250000 0.03168665 53,524 97,563 98,433 249,520 LI Large Ind. Water Intake - Shared PIL 9,865,200 2.0235 19,962,232 0.00679706 0.01238959 0.01250000 0.03168665 67,054 122,226 123,315 312,595 LS Large Ind. Generating Station - Shared PIL 24,048,900 2.0235 48,662,949 0.00679706 0.01238959 0.01250000 0.03168665 163,462 297,956 300,611 762,029 LN Large Ind. Non-Gen Stn - Shared PIL 44,501,635 2.0235 90,049,058 0.00679706 0.01238959 0.01250000 0.03168665 302,480 551,357 556,270 1,410,108 Total PILS 786,582,200 911,504,810 3,061,800 5,581,007 3,837,863 12,480,670 Grand Totals 21,210,080,516 22,650,362,947 76,083,937 138,684,772 53,029,366 267,798,075 - 641 - Report to Council Report Number: FIR 02-22 Date: June 27, 2022 From: Steve Boyd Fire Chief Subject: Repeal of By-Law 7049/10 being a By-law to Require the Installation of Carbon Monoxide Detectors in Residential Occupancies -File: A-1440-001-22 Recommendation: 1.That Report FIR 02-22 of the Fire Chief, regarding the repeal of By-law 7049/10, be received; 2.That By-Law 7049/10, being a By-law to require the installation of carbon monoxide detectors in residential occupancies, be repealed; 3.That the attached draft By-law to repeal By-law 7049/10 be approved; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Provincial legislation passed in 2013 resulted in changes to the Fire Protection and Prevention Act with respect to requirements for carbon monoxide detectors in residential dwellings. These changes fill the requirements that were included in City of Pickering By-Law 7049/10 (Attachment #1) rendering it no longer necessary. Financial Implications: There are no direct financial implications arising from this report. Discussion: Prior to 2013, the installation and maintenance of carbon monoxide detectors was governed through municipal by-laws in the province of Ontario. The City of Pickering By-Law 7049/10 served this requirement. In 2013 the Hawkins Gignac Act (Carbon Monoxide Safety), 2013, S.O. 2013, c. 14 - Bill 77 was enacted and part IV of the Fire Protection and Prevention Act was amended to include the installation and maintenance of carbon monoxide detectors in residential dwellings. This provincial regulation supersedes City of Pickering By-law 7049/10 and as such renders it obsolete. Therefore, staff are requesting that By-law 7049/10 be repealed and that the attached draft By-law to Repeal By-law 7049/10 be approved (Attachment #2). - 642 - FIR 02-22 June 27, 2022 Subject: Repeal of City of Pickering By-Law 7049/10 Page 2 Attachments: 1.By-Law 7049/10 Installation and Maintenance of Carbon Monoxide Detectors 2.Draft By-law to Repeal By-law No. 7049/10 Prepared By: Approved/Endorsed By: Nigel Robinson Steve Boyd Deputy Fire Chief Fire Chief NR:jm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 643 - The Corporation of the City of Pickering By-Law No. 7049/10 A by-law to require the installation of carbon monoxide detectors in residential occupancies. WHEREAS paragraph 6 of subsection 11(2) of the Municipal Act, 2001 authorizes lower-tier municipalities to pass by-laws respecting the health, safety and well-being of persons; and WHEREAS the City considers it necessary to require carbon monoxide detectors to be installed in residential buildings in order to reduce the health risks to occupants. N01fV THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING. HEREBY ENACTS AS FOLLOWS: PART 1- INTERPRETATION Definitions 1.In this by-law, carbon monoxide detector" means a carbon monoxide detector that is installed in the manner required by the Ontario Building Code and conforms to the. standards set out in the Ontario Building Code; City means The Corporation of The City of Pickering or the geographic area of the City of Pickering, as the context requires; dwelling unit means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities; Fire Chief' means the Chief of the City's Fire Services Division or a designate; fuel-burning appliance" means a furnace; refrigerator, clothes dryer, water heater, boiler, fireplace, wood stove, charcoal grill, gas range, space heater and any other appliance. that is fired by a flammable fuel such as natural gas, propane, heating oil, kerosene, coal, gasoline, wood or charcoal; occupant means any lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property; officer" means' a member of the Fire Prevention Section of the City's Fire Services Division and includes the Fire Chief; Attachment #1 to Report FIR 02-22 - 644 - Carbon Monoxide Detectors By-Law No. 7049/10 Page 2 Ontario Building Code" means Ontario Regulation 350/06 issued under the Building Code Act, 1992; owner" means the person identified in the most recent tax roll as the owner of any property; person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; residential occupancy" means the occupancy or use of a building or part thereof by persons for whom sleeping accommodation is provided including persons who are harboured or detained to receive medical care or treatment or are involuntarily detained; storage garage" means a building or part of a building that is intended for the storage or parking of motor vehicles and that contains no provision for the repair or servicing of motor vehicles; and suite" means a single room or series of rooms of complementary use, operated under a single tenancy, and includes dwelling units, individual guest rooms in motels, hotels, boarding houses, rooming houses and dormitories, as well as individual stores and individual or complementary rooms for business and personal services occupancies. References to Legislation 2.In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3.This by-law shall be read with all changes in gender or number as the context may require. 4.A grammatical variation of a word or expression defined has a corresponding meaning. Construction 5.Headings in this by-law are for convenience of reference only and shall not affect the construction or interpretation of this by-law. 6.Unless otherwise specified, references in this by-law to sections and schedules are to sections and schedules in this by-law. - 645 - Carbon Monoxide Detectors By-Law No. 7049/10 Page 3 i Conflicts 7.If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. PART II - REGULATIONS Application 8.This Part applies to every building that, a) contains a residential occupancy; and b) contains a fuel-burning appliance or a storage garage. Location of Carbon Monoxide Detectors 9.Where a fuel-burning appliance is installed- in a suite of residential occupancy, the owner of the suite shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in the suite. 10. Where a fuel-burning appliance is installed in a service room that is adjacent to a suite of residential occupancy, the owner of the suite shall install or cause to be installed a carbon monoxide detector, a) adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the service room; and b) in the service room. 11. Where a storage garage is located in a building . containing a residential occupancy, the owner of the building shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in every suite of residential occupancy that is adjacent to the storage garage. 12. Where a storage garage serves only the dwelling unit to which it is attached or built in, the owner of the dwelling unit shall install or cause to be installed a carbon monoxide detector adjacent to each sleeping area in the dwelling unit. Maintenance 13. Every occupant shall maintain all carbon monoxide detectors located in their suite of residential occupancy in proper operating condition at all times. 14. No person shall disable a carbon monoxide detector so as to make it inoperable. - 646 - Carbon Monoxide Detectors By-Law No. 7049/10 Page 4 PART III ENFORCEMENT inspections 15. An officer. may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with. 16. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken. by an officer. Offences and Penalties 17. Every person who'contravenes any provision of this by-law is.guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act: PART IV - GENERAL Short Title 18. This by-law may be referred to as the "Carbon Monoxide Detectors By-law". Repeal 19.- By-law No. 5247/98 is repealed in its entirety. Effective Date 20. This ,by-law shall come into force on the day of its passing. BY-LAW read a first, second and third time and-finally passed this 17th day of May, 2010. cr' David Ryan, ayo Debbie Shields, City Clerk - 647 - Attachment #2 to Report FIR 02-22 The Corporation of the City of Pickering By-law No 7947/22 Being a by-law to repeal By-Law 7049/10, being a by-law to require the installation of carbon monoxide detectors in residential occupancies. Whereas pursuant to the Fire Protection and Prevention Act, 1997 and Ontario Fire Code Section 2.16, the requirements governing the installation and maintenance of Carbon Monoxide Detectors are now mandated as of October 15, 2015, in Provincial legislation and are enforced by members of Pickering Fire Services who are designated Assistants to the Fire Marshal; Whereas by By-Law 7049/10 “Being a by-law to require the installation of Carbon Monoxide Detectors in residential occupancies” is no longer necessary; Whereas the council of The Corporation of the City of Pickering cannot enforce or enact a By-Law that supersedes the requirements of the Fire Protection and Prevention Act, 1997 and the Ontario Fire Code; And whereas the information contained in By-Law 7049/10 is inapplicable and void; Now therefore the council of the corporation of the City of Pickering hereby enacts as follows: 1.That By-Law 7049/10 be repealed in its entirety. 2.That this By-law shall come into effect upon the date of the final passing thereof. By-law passed this 27th day of June, 2022. ____________________________ David Ryan, Mayor ____________________________ Susan Cassel, City Clerk - 648 - Report to Council Report Number: LEG 14-22 Date: June 27, 2022 ___________________________________________________________________________ From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Transfer of Lands to the Region of Durham for the Kingston Road (Highway 2) Bus Rapid Transit Project -Part of Lots 156, 163 and 164, RCP 816, designated as Part 1, Plan 40R- 31396 -Part of Block 55, 40M-1480, designated as Part 1, Plan 40R-31395 -Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession, designated as Part 2, Plan 40R-31400 -Part of Dunchurch Street being Part of Lot 25, Concession 1 Pickering, designated as Part 5, Plan 40R-31400 -Part of the Road Allowance between Lots 24 and 25, Concession 1 Pickering, designated as Part 1, Plan 40R-31388 -Part of the Road Allowance between Lots 16 and 17, Concession 2 Pickering, designated as Part 4, Plan 40R-31428 -Part Lot 1, Concession 2 Pickering as in CO177977 and Part Lot 1, Concession 2 Pickering as in CO176719, except CO177977; and -Road Allowance between the Township of Whitby and the Township of Pickering; Part Lot 35, Concession 1 Pickering as in CO75459; being Lakeridge Road (AKA Regional Road #23) between Dundas Street and Highway 401 save and except Part 1, Plan 40R-26251 -File: L-4610-016-18 Recommendation: 1.That the following lands be declared surplus to the needs of the City of Pickering and be transferred to the Regional Municipality of Durham for nominal consideration: (a)Part of Lots 156, 163 and 164, RCP 816, designated as Part 1, Plan 40R- 31396; (b)Part of Block 55, 40M-1480, designated as Part 1, Plan 40R-31395; (c)Part of the Road Allowance between Concession 1 and Range 3, Broken Front Concession, designated as Part 2, Plan 40R-31400; (d)Part of Dunchurch Street being Part of Lot 25, Concession 1 Pickering, designated as Part 5, Plan 40R-31400; (e)Part of the Road Allowance between Lots 24 and 25, Concession 1 Pickering, designated as Part 1, Plan 40R-31388; (f)Part of the Road Allowance between Lots 16 and 17, Concession 2 Pickering, designated as Part 4, Plan 40R-31428; (g)Part Lot 1, Concession 2 Pickering as in CO177977 and Part Lot 1, Concession 2 Pickering as in CO176719, except CO177977; and (h)Road Allowance between the Township of Whitby and the Township of Pickering; -aft;of- Pl(KER]NG - 649 - LEG 14-22 June 27, 2022 Subject: Transfer of Lands to Region of Durham for the Kingston Road (Highway 2) Bus Rapid Transit Project Page 2 Part Lot 35, Concession 1 Pickering as in CO75459; being Lakeridge Road (AKA Regional Road #23) between Dundas Street and Highway 401 save and except Part 1, Plan 40R-26251 (collectively, the “Properties”); 2.That Council approves the Offers to Sell between the Region of Durham, as purchaser, and the Corporation of the City of Pickering, as vendor, and authorizes the Mayor and Clerk to execute the said Offers to Sell, as set out in Attachment No. 1, subject to such minor revisions as are satisfactory to the Director, Corporate Services & City Solicitor; 3.That the Director, Corporate Services & City Solicitor be authorized to execute on the City’s behalf any documents, instruments, transfers and agreements as may be necessary to complete the transactions; and 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Executive Summary: Region of Durham staff have requested that the City of Pickering transfer the Properties to the Region of Durham for widening purposes along Kingston Road (Highway 2) for the Bus Rapid Transit (“BRT”) project. Among other improvements, the proposed road widening will include dedicated bus transit lanes, a culvert extension and a sidewalk. Financial Implications: There are no direct financial implications arising from this Report and the cost to prepare and register the required reference plans was paid for by the Region of Durham. Discussion: The proposed Kingston Road (Highway 2) BRT project is identified as a key Regional higher order transit spine in the Region of Durham Long-Term Transit Strategy in order to provide essential rapid transit alternatives to automobile transportation. The design of the project calls for the widening of Kingston Road (Highway 2) for dedicated transit in curb lanes with buffered on-road bicycle lanes and sidewalks on both sides. The proposed road widening will include dedicated bus transit lanes, a culvert extension and a sidewalk. Region of Durham initiatives relating to the Kingston Road (Highway 2) BRT project are now underway. In order to advance the Kingston Road (Highway 2) BRT project, Region of Durham staff have requested that the City of Pickering transfer the Properties owned by the City of Pickering to the Region of Durham for road widening purposes. The City has no municipal purpose for retaining the Properties. The Region of Durham has included in the Offer to Sell for the property noted in 1(a) above a provision allowing for the City’s Director, Engineering Services to approve the design and construction, at the Region’s expense, of the repairs to the driveway and ramp which will be significantly impacted by the construction on the portion of Kingston Road (Highway 2) in front - 650 - LEG 14-22 June 27, 2022 Subject: Transfer of Lands to Region of Durham for the Kingston Road (Highway 2) Bus Rapid Transit Project Page 3 of 470 Kingston Road. The Region of Durham has included in the Offer to Sell for 1(b) above a provision allowing the Director, Engineering Services to approve the removal and restoration, at the Region’s expense, of the landscaping that will be impacted by the construction on the portion of Kingston Road (Highway 2) in front of 549 Kingston Road. As the City does not need to enforce any contractual commitments regarding the Properties described in 1(c) to (g) above, Offers to Sell for those parcels are unnecessary. Reference plans have been prepared and registered which accurately describes the Properties required to be transferred. City staff have reviewed the reference plans and deem them to be acceptable. It is recommended that Council declare the lands surplus to the needs of the City of Pickering and authorize staff to effect the transfers of the Properties to the Region of Durham for nominal consideration. Attachments: 1.Offers to Sell 2.Location Maps Prepared By: Approved/Endorsed By: Chantelle Adair Paul Bigioni Law Clerk Director, Corporate Services & City Solicitor PB:ca Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer r Original Signed By:Original Signed By: Original Signed By: - 651 - Reference: HWY2-128 Page 1 of 5 OFFER TO SELL The Corporation of the City of Pickering (the “Vendor”) hereby offers to sell to The Regional Municipality of Durham (the “Region”) Part of Block 55, Registered Plan 40M-1480 in the City of Pickering, Regional Municipality of Durham, identified with the PIN 26306-0033 described further as Part 1 on Registered Plan 40R-31395, (“the Property”) on the following terms and conditions: Compensation 1.01 The compensation shall be the nominal sum of Two ($2.00) Dollars of lawful money of Canada receipt of which is hereby acknowledged. Additional Provisions 2.01 The Region and The Corporation of the City of Pickering acknowledge and agree that despite the consideration for the Property transfer for this Offer to Sell, The Corporation of the City of Pickering may incur costs resulting from any impacts due to construction related to the BRT Project and the property requirements acquired pursuant to this Offer To Sell. The Region and Vendor acknowledge that the construction will impact the park located adjacent to the subject land. The Region and/or its design consultant will prepare a landscape removal and restoration plan and accompanying cost estimate identifying trees to be removed within the park, any grading to be undertaken within the said park and compensation for trees removed, to be submitted to the Director, Engineering Services of the Vendor for review and approval in the Vendor’s sole discretion. The Region acknowledges that based on the preliminary field review and discussion, 11 trees are anticipated to be removed and are to be replaced with 16 trees with a minimum caliper of 60mm and/or coniferous trees with a minimum height of 1.8m. The Region will reimburse the Corporation of the City of Pickering for the costs related to replacement of the items impacted by the landscape removal and restoration plan. The City of Pickering will obtain three (3) quotes for the replacement of impacted items and will be compensated based on the lowest fee quote provided. Closing 3.01 This Agreement shall be completed by no later than 4:30 p.m. on the date which is 45 days after this Agreement is executed by the Region or its designated official, or the next following business day if said date is not a business day (the Closing Date or Closing) or sooner if mutually agreed to by both the Vendor and the Region. The parties may on mutual consent extend the closing date as may be required. Title 4.01 Title to the Property shall be good and free from all registered restrictions, charges, liens and encumbrances. 4.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property except as is in the possession or control of the Vendor. If on or about 4:30 p.m. on the day which is three (3) business days prior to the Closing Date, the Region furnishes the Vendor in writing with any valid objection to the title which the Vendor is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, Attachment #1 to Report LEG 14-22 - 652 - Reference: HWY2-128 Page 2 of 5 notwithstanding any intermediate acts or negotiations, shall be null and void. Save as to any valid objections made within such time or any objection going to the root of title, the Region shall be deemed conclusively to have accepted the title of the Vendor to the Property. Survey 5.01 If necessary for registration purposes, the Region shall prepare, at its expense, a plan of survey for the Property. Legal Fees 6.01 The Region will pay the reasonable legal fees for the property transaction, only upon completion of the property transfer as contemplated in this agreement. Closing Documents 7.01 All documentation required to complete this transaction shall be prepared by the Region at its expense. Entry 8.01 The Vendor, upon execution of this agreement hereby grants the Region and all applicable Utility Companies, their servants, agents, contractors and workmen with all the necessary materials, equipment, machinery and vehicles, Permission to Enter the Property and Vendor’s retained property in order to construct, grade, pave and/or alter the property and the remainder of the Vendor’s property for the purpose of the Bus Rapid Transit project. 8.02 The Vendor and Region acknowledge that should the Property not be transferred to the Region in a timely manner to permit construction work on the Property by the Region, the Vendor grants the Region a license to construct on the Property that will commence upon the date the Region giving written notice to the Vendor when the Region requires it and that the license to construct will terminate upon the date that the Property has been transferred to the Region in accordance to this Agreement. Residency 9.01 The Region shall be credited toward the sale price with the amount, if any, necessary for the Region to pay the Minister of National Revenue to satisfy the Region’s liability in respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. The Region shall not claim this credit if the Vendor delivers on completion the prescribed certificate or a statutory declaration that the Vendor is not then a non-resident of Canada. Family Law Act 10.01 If applicable, if the Vendor’s spouse is not one of the vendors, the Vendor shall provide satisfactory evidence that the Vendor is not a spouse within the meaning of the Family Law Act or that the Vendor’s spouse has no right or interest in the Property or that the Vendor’s spouse has consented to the transaction. HST 11.01 The Region represents and warrants that it is duly registered for HST purposes under HST registration number R123268351. The Region shall remit the HST payable on the sale of the Property to the relevant federal taxation authorities following completion of this transaction. Adjustments 12.01 The Vendor acknowledges that there shall be adjustments to the sale price on Closing for realty taxes and any other matters as is relevant and as may be required, including but - 653 - Reference: HWY2-128 Page 3 of 5 not limited to the adjustments for any arrears in property tax payments resulting from any non-payments from the Vendor. General Provisions 13.01 The terms and the representations and warranties, if any, contained in this Agreement shall survive and not merge on Closing. 13.02 Time shall in all respects be of the essence provided the time for doing or completing of any matter provided for this Agreement may be extended or abridged by an agreement in writing signed by the parties or by their respective solicitors. 13.03 Any tender of documents or money may be made on the parties or their respective solicitors. 13.04 References herein to the “Agreement” shall mean the agreement consisting of this Offer executed by the Vendor and accepted by the Council of the Region. 13.05 This Agreement, including any schedules attached hereto, shall constitute the entire agreement between the Vendor and the Region. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property except as expressed in this Agreement. 13.06 This Agreement shall be read with all changes of gender or number required by the context. 13.07 The heirs, executors, administrators, successors and assigns of the Vendor are bound by the terms of this Agreement. Should the Vendor be in a position that they are going to sell/transfer the Property to a new Owner, they will be obligated to disclose this Offer To Sell to the prospective new Owner and the purchase agreement that the Vendor and new Owner are entering into will have a condition in it that the new Owner is acquiring the Property from the Vendor subject to the terms of this Offer to Sell and the new Owner will complete the contractual obligations of this Offer To Sell with the Region upon acquiring the Property. If required, at the discretion of the Region, the new Owner will enter into an Assumption Agreement to assume the obligations of this Offer To Sell. 13.08 This Agreement is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 13.09 The Vendor shall, prior to close and in a form satisfactory to the Region, execute an irrevocable direction to the Region that any funds payable in connection with any part of this Agreement, including the sale price, be made payable to the Vendor's solicitor. Irrevocability 14.01 This Offer shall be irrevocable by the Vendor until seven (7) business days after the matter appears before Regional Council, or its designated official, after which, if not accepted by the Council of the Region, it shall be null and void. Environmental (Contamination) Clause 15.01 To the best of the Vendor knowledge, the Vendor represents and warrants to the Region that, - 654 - Reference: HWY2-128 Page 4 of 5 (a) the Property has never been used as a waste disposal site; (b) no contaminants, pollutants, dangerous substances, liquid waste or hazardous materials exist or have been stored in or on the Property; (c) no underground storage tanks or surface impoundment have been or are in or on the Property; and (d) the Vendor has not received any notice of any violation of any Federal, Provincial or other regulations, orders or approvals of government authorities relating to the Property or its use. The Region, and its agents, shall have the right of entry onto the Property from the date of acceptance of this Agreement for the purposes of inspection, survey and performing environmental testing as it deems necessary including, but not limited to, obtaining soil and liquid samples and drilling test holes. The Region agrees to restore the Property, so far as possible, to its original condition. The Vendor shall provide the Region with all consents or authorizations (written or otherwise) necessary or desirable to enable the Region to obtain information as the Region may consider necessary or advisable in determining the environmental condition of the Property within three (3) days after the request therefore. The Vendor shall further provide the Region with all documents and reports in its control or possession relating to the environmental condition of the Property within three (3) days after the request therefore. In the event that the Region is not satisfied, in its absolute discretion, with results of any inspection, environmental test, survey or response to inquiries or if any environmental contaminants are released prior to closing, the Region may, without limiting any other right that the Region may have at its sole option, rescind this Agreement by delivering a notice of termination to the Vendor and in such event the Region shall be released from all obligations under this Agreement. Mailing Address 16.01 The mailing address for the Vendor is: City of Pickering One The Esplanade Pickering, ON L1V 6K7 Counterpart Signatures 17.01 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature, (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. - 655 - Reference: HWY2-128 Page 5 of 5 Independent Legal Advice 18.01 Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement. The Corporation of the City of Pickering hereby executes this Offer dated at ________ this ____ day of, ________ 2022. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk The Region hereby executes this Offer this _______day of ____________, 2022. THE REGIONAL MUNICIPALITY OF DURHAM Jenni Demanuele, CPA, CMA, Acting Commissioner of Works - 656 - Reference: HWY2-150 Page 1 of 5 OFFER TO SELL The Corporation of the City of Pickering (the “Vendor”) hereby offers to sell to The Regional Municipality of Durham (the “Region”) Part of Lots 156, 163 and 164, Registrar’s Compiled Plan 816 in the City of Pickering, Regional Municipality of Durham, identified with the PIN 26304-0021 described further as Part 1 on Registered Plan 40R-31396, (“the Property”) on the following terms and conditions: Compensation 1.01 The compensation shall be the nominal sum of Two ($2.00) Dollars of lawful money of Canada receipt of which is hereby acknowledged. Additional Provisions 2.01 The Region and The Corporation of the City of Pickering acknowledge and agree that despite the consideration for the Property transfer for this Offer to Sell, The Corporation of the City of Pickering may incur costs resulting from any impacts due to construction related to the BRT Project and the property requirements acquired pursuant to this Offer To Sell (the “cost impacts”). As such, the Region and The Corporation of the City of Pickering agree that the Region shall carry out, at its sole cost and expense, the design and construction of the required realignment of the ramp and circular driveway located within the Property. Design and construction shall be completed to the satisfaction of the Director, Engineering Services for the City of Pickering and provided the work is completed to the satisfaction of the Director, Engineering Services for the City of Pickering, the City of Pickering will have no claims and release the Region on a full and final basis. Closing 3.01 This Agreement shall be completed by no later than 4:30 p.m. on the date which is 45 days after this Agreement is executed by the Region or its designated official, or the next following business day if said date is not a business day (the Closing Date or Closing) or sooner if mutually agreed to by both the Vendor and the Region. The parties may on mutual consent extend the closing date as may be required. Title 4.01 Title to the Property shall be good and free from all registered restrictions, charges, liens and encumbrances. 4.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property except as is in the possession or control of the Vendor. If on or about 4:30 p.m. on the day which is three (3) business days prior to the Closing Date, the Region furnishes the Vendor in writing with any valid objection to the title which the Vendor is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, notwithstanding any intermediate acts or negotiations, shall be null and void. Save as to any valid objections made within such time or any objection going to the root of title, the Region shall be deemed conclusively to have accepted the title of the Vendor to the Property. - 657 - Reference: HWY2-150 Page 2 of 5 Survey 5.01 If necessary for registration purposes, the Region shall prepare, at its expense, a plan of survey for the Property. Legal Fees 6.01 The Region will pay the reasonable legal fees for the property transaction, only upon completion of the property transfer as contemplated in this agreement. Closing Documents 7.01 All documentation required to complete this transaction shall be prepared by the Region at its expense. Entry 8.01 The Vendor, upon execution of this agreement hereby grants the Region and all applicable Utility Companies, their servants, agents, contractors and workmen with all the necessary materials, equipment, machinery and vehicles, Permission to Enter the Property and Vendor’s retained property in order to construct, grade, pave and/or alter the property and the remainder of the Vendor’s property for the purpose of the Bus Rapid Transit project. 8.02 The Vendor and Region acknowledge that should the Property not be transferred to the Region in a timely manner to permit construction work on the Property by the Region, the Vendor grants the Region a license to construct on the Property that will commence upon the date the Region giving written notice to the Vendor when the Region requires it and that the license to construct will terminate upon the date that the Property has been transferred to the Region in accordance to this Agreement. Residency 9.01 The Region shall be credited toward the sale price with the amount, if any, necessary for the Region to pay the Minister of National Revenue to satisfy the Region’s liability in respect of tax payable by the Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. The Region shall not claim this credit if the Vendor delivers on completion the prescribed certificate or a statutory declaration that the Vendor is not then a non-resident of Canada. Family Law Act 10.01 If applicable, if the Vendor’s spouse is not one of the vendors, the Vendor shall provide satisfactory evidence that the Vendor is not a spouse within the meaning of the Family Law Act or that the Vendor’s spouse has no right or interest in the Property or that the Vendor’s spouse has consented to the transaction. HST 11.01 The Region represents and warrants that it is duly registered for HST purposes under HST registration number R123268351. The Region shall remit the HST payable on the sale of the Property to the relevant federal taxation authorities following completion of this transaction. Adjustments 12.01 The Vendor acknowledges that there shall be adjustments to the sale price on Closing for realty taxes and any other matters as is relevant and as may be required, including but not limited to the adjustments for any arrears in property tax payments resulting from any non-payments from the Vendor. General Provisions 13.01 The terms and the representations and warranties, if any, contained in this Agreement shall survive and not merge on Closing. - 658 - Reference: HWY2-150 Page 3 of 5 13.02 Time shall in all respects be of the essence provided the time for doing or completing of any matter provided for this Agreement may be extended or abridged by an agreement in writing signed by the parties or by their respective solicitors. 13.03 Any tender of documents or money may be made on the parties or their respective solicitors. 13.04 References herein to the “Agreement” shall mean the agreement consisting of this Offer executed by the Vendor and accepted by the Council of the Region. 13.05 This Agreement, including any schedules attached hereto, shall constitute the entire agreement between the Vendor and the Region. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property except as expressed in this Agreement. 13.06 This Agreement shall be read with all changes of gender or number required by the context. 13.07 The heirs, executors, administrators, successors and assigns of the Vendor are bound by the terms of this Agreement. Should the Vendor be in a position that they are going to sell/transfer the Property to a new Owner, they will be obligated to disclose this Offer To Sell to the prospective new Owner and the purchase agreement that the Vendor and new Owner are entering into will have a condition in it that the new Owner is acquiring the Property from the Vendor subject to the terms of this Offer to Sell and the new Owner will complete the contractual obligations of this Offer To Sell with the Region upon acquiring the Property. If required, at the discretion of the Region, the new Owner will enter into an Assumption Agreement to assume the obligations of this Offer To Sell. 13.08 This Agreement is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 13.09 The Vendor shall, prior to close and in a form satisfactory to the Region, execute an irrevocable direction to the Region that any funds payable in connection with any part of this Agreement, including the sale price, be made payable to the Vendor's solicitor. Irrevocability 14.01 This Offer shall be irrevocable by the Vendor until seven (7) business days after the matter appears before Regional Council, or its designated official, after which, if not accepted by the Council of the Region, it shall be null and void. Environmental (Contamination) Clause 15.01 To the best of the Vendor knowledge, the Vendor represents and warrants to the Region that, (a) the Property has never been used as a waste disposal site; (b) no contaminants, pollutants, dangerous substances, liquid waste or hazardous materials exist or have been stored in or on the Property; - 659 - Reference: HWY2-150 Page 4 of 5 (c) no underground storage tanks or surface impoundment have been or are in or on the Property; and (d) the Vendor has not received any notice of any violation of any Federal, Provincial or other regulations, orders or approvals of government authorities relating to the Property or its use. The Region, and its agents, shall have the right of entry onto the Property from the date of acceptance of this Agreement for the purposes of inspection, survey and performing environmental testing as it deems necessary including, but not limited to, obtaining soil and liquid samples and drilling test holes. The Region agrees to restore the Property, so far as possible, to its original condition. The Vendor shall provide the Region with all consents or authorizations (written or otherwise) necessary or desirable to enable the Region to obtain information as the Region may consider necessary or advisable in determining the environmental condition of the Property within three (3) days after the request therefore. The Vendor shall further provide the Region with all documents and reports in its control or possession relating to the environmental condition of the Property within three (3) days after the request therefore. In the event that the Region is not satisfied, in its absolute discretion, with results of any inspection, environmental test, survey or response to inquiries or if any environmental contaminants are released prior to closing, the Region may, without limiting any other right that the Region may have at its sole option, rescind this Agreement by delivering a notice of termination to the Vendor and in such event the Region shall be released from all obligations under this Agreement. Mailing Address 16.01 The mailing address for the Vendor is: City of Pickering One The Esplanade Pickering, ON L1V 6K7 Counterpart Signatures 17.01 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature, (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. Independent Legal Advice 18.01 Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement. - 660 - Reference: HWY2-150 Page 5 of 5 The Corporation of the City of Pickering hereby executes this Offer dated at ________ this ____ day of, ________ 2021. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk The Region hereby executes this Offer this _______day of ____________, 2021. THE REGIONAL MUNICIPALITY OF DURHAM Susan Siopis, P. Eng., Commissioner of Works - 661 - Reference: HWY2-170 Page 1 of 5 OFFER TO SELL The Corporation of the City of Pickering -and- The Corporation of the Town of Whitby (collectively the “Vendors”) Hereby offers to sell to The Regional Municipality of Durham (the “Region”) Road Allowance between the Township of Whitby and the Township of Pickering Pickering; Part Lot 35, Concession 1, Township of Whitby as in HWYPL442; Part Lot 1, Concession 1, Pickering as in CO75459; being Lakeridge Road (AKA Regional Road #23) between Dundas Street and Highway 401 Save and Except Part 1 on Plan 40R26251 in the Town of Ajax/Town of Whitby, Regional Municipality of Durham, identified with the PIN 26494-0715, (“the Property”) on the following terms and conditions: Compensation 1.01 The compensation shall be the nominal sum of Two ($2.00) Dollars of lawful money of Canada receipt of which is hereby acknowledged. Additional Provisions 2.01 N/A. Closing 3.01 3.02 This Agreement shall be completed by no later than 4:30 p.m. on the date which is 45 days after this Agreement is executed by the Region or its designated official, or the next following business day if said date is not a business day (the Closing Date or Closing) or sooner if mutually agreed to by both the Vendors and the Region. The parties may on mutual consent extend the closing date as may be required. On the date of closing the Vendors shall deliver the Property to the Region in a state of vacant possession. The Region will at its sole discretion conduct an inspection of the property within 48 hours prior to the closing date. Should the Region have to complete additional inspections or have to clean up the Property to achieve vacant possession such expenses shall be reimbursed by the Vendors to the Region for not meeting the obligation. Title 4.01 Title to the Property shall be good and free from all registered restrictions, charges, liens and encumbrances. 4.02 Title shall be examined by the Region at its expense. The Region shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property except as is in the possession or control of the Vendors. If on or about 4:30 p.m. on the day which is three (3) business days prior to the Closing Date, the Region furnishes the Vendors in writing with any valid objection to the title which the Vendors is unable or unwilling to remove or correct and which the Region will not waive, then this Agreement, notwithstanding any intermediate acts or negotiations, shall be null and void. Save as to any valid objections made within such time or any objection going to the root of title, the - 662 - Reference: HWY2-170 Page 2 of 5 Region shall be deemed conclusively to have accepted the title of the Vendors to the Property. Survey 5.01 If necessary for registration purposes, the Region shall prepare, at its expense, a plan of survey for the Property. Legal Fees 6.01 The Region will pay the reasonable legal fees for the property transaction, only upon completion of the property transfer as contemplated in this agreement. Closing Documents 7.01 All documentation required to complete this transaction shall be prepared by the Region at its expense. Entry 8.01 The Vendors, upon execution of this agreement hereby grants the Region and all applicable Utility Companies, their servants, agents, contractors and workmen with all the necessary materials, equipment, machinery and vehicles, Permission to Enter the Property and Vendors’s retained property in order to construct, grade, pave and/or alter the property and the remainder of the Vendors’s property for the purpose of the Bus Rapid Transit project. 8.02 The Vendors and Region acknowledge that should the Property not be transferred to the Region in a timely manner to permit construction work on the Property by the Region, the Vendors grants the Region a license to construct on the Property that will commence upon the date the Region giving written notice to the Vendors when the Region requires it and that the license to construct will terminate upon the date that the Property has been transferred to the Region in accordance to this Agreement. Residency 9.01 N/A. Family Law Act 10.01 N/A. HST 11.01 The Region represents and warrants that it is duly registered for HST purposes under HST registration number R123268351. The Region shall remit the HST payable on the sale of the Property to the relevant federal taxation authorities following completion of this transaction. Adjustments 12.01 The Vendors acknowledges that only if it is applicable and if the Region requests adjustments at the time of requisitioning prior to closing, there shall be adjustments to the sale price on Closing for realty taxes and any other matters as is relevant and as may be required, as the Region may notify, including but not limited to the adjustments for any arrears in property tax payments resulting from any non-payments from the Vendors. The parties acknowledge that for a partial property taking there shall be no adjustments for realty taxes. For a full property taking there shall be adjustments for realty taxes and any other matters for which there may be arrears as the Region may notify. Should the Region choose not to assume any rental equipment, the Region shall notify the Property owner and the Vendors will be responsible for satisfying all arrears and full removal of the rental equipment at their expense. - 663 - Reference: HWY2-170 Page 3 of 5 General Provisions 13.01 The terms and the representations and warranties, if any, contained in this Agreement shall survive and not merge on Closing. 13.02 Time shall in all respects be of the essence provided the time for doing or completing of any matter provided for this Agreement may be extended or abridged by an agreement in writing signed by the parties or by their respective solicitors. 13.03 Any tender of documents or money may be made on the parties or their respective solicitors. 13.04 References herein to the “Agreement” shall mean the agreement consisting of this Offer executed by the Vendors and accepted by the Council of the Region. 13.05 This Agreement, including any schedules attached hereto, shall constitute the entire agreement between the Vendors and the Region. There is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property except as expressed in this Agreement. 13.06 This Agreement shall be read with all changes of gender or number required by the context. 13.07 The heirs, executors, administrators, successors and assigns of the Vendors are bound by the terms of this Agreement. Should the Vendors be in a position that they are going to sell/transfer the Property to a new Owner, they will be obligated to disclose this Offer To Sell to the prospective new Owner and the purchase agreement that the Vendors and new Owner are entering into will have a condition in it that the new Owner is acquiring the Property from the Vendors subject to the terms of this Offer to Sell and the new Owner will complete the contractual obligations of this Offer To Sell with the Region upon acquiring the Property. If required, at the discretion of the Region, the new Owner will enter into an Assumption Agreement to assume the obligations with this Offer To Sell. 13.08 This Agreement is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. 13.09 The Vendors shall, prior to close and in a form satisfactory to the Region, execute an irrevocable direction to the Region that any funds payable in connection with any part of this Agreement, including the sale price, be made payable to the Vendors' solicitor. Irrevocability 14.01 This Offer shall be irrevocable by the Vendors until seven (7) business days after the matter appears before Regional Council, or its designated official, after which, if not accepted by the Council of the Region, it shall be null and void. Environmental (Contamination) Clause 15.01 To the best of the Vendors knowledge, the Vendors represents and warrants to the Region that, (a) the Property has never been used as a waste disposal site; - 664 - Reference: HWY2-170 Page 4 of 5 (b) no contaminants, pollutants, dangerous substances, liquid waste or hazardous materials exist or have been stored in or on the Property; (c) no underground storage tanks or surface impoundment have been or are in or on the Property; and (d) the Vendors has not received any notice of any violation of any Federal, Provincial or other regulations, orders or approvals of government authorities relating to the Property or its use. The Region, and its agents, shall have the right of entry onto the Property from the date of acceptance of this Agreement for the purposes of inspection, survey and performing environmental testing as it deems necessary including, but not limited to, obtaining soil and liquid samples and drilling test holes. The Region agrees to restore the Property, so far as possible, to its original condition. The Vendors shall provide the Region with all consents or authorizations (written or otherwise) necessary or desirable to enable the Region to obtain information as the Region may consider necessary or advisable in determining the environmental condition of the Property within three (3) days after the request therefore. The Vendors shall further provide the Region with all documents and reports in its control or possession relating to the environmental condition of the Property within three (3) days after the request therefore. In the event that the Region is not satisfied, in its absolute discretion, with results of any inspection, environmental test, survey or response to inquiries or if any environmental contaminants are released prior to closing, the Region may, without limiting any other right that the Region may have at its sole option, rescind this Agreement by delivering a notice of termination to the Vendors and in such event the Region shall be released from all obligations under this Agreement. Mailing Address 16.01 The mailing address for the Vendors is: City of Pickering One The Esplanade Pickering, ON L1V 6K7 Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 Counterpart Signatures 17.01 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature, (including portable document format) by either of the parties and the receiving party may rely on the receipt of such - 665 - Reference: HWY2-170 Page 5 of 5 document so executed and delivered electronically or by facsimile as if the original had been received. Independent Legal Advice 18.01 Each of the parties hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution and delivery of this Agreement that they have either done so or waived their right to do so in connection with the entering into of this Agreement. The Corporation of the City of Pickering hereby executes this Offer dated at ________ this ____ day of, ________ 2022. The Corporation of the City of Pickering David Ryan, Mayor Susan Cassel, City Clerk The Corporation of the Town of Whitby hereby executes this Offer dated at ________ this ____ day of, ________ 2022. The Corporation of the Town of Whitby Name and Title I / We have the authority to bind the Corporation Name and Title I / We have the authority to bind the Corporation The Region hereby executes this Offer this _______day of ____________, 2022. THE REGIONAL MUNICIPALITY OF DURHAM Susan Siopis, P. Eng., Commissioner of Works - 666 - No t i o n Ro a d Kingston Road WKingston Road D i x i e R o a d King s t o n R o a d Part 4, 40R-31428 Part 1, 40R-31388 Various Locations Along Kingston Road Durham BRT © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. L:\PLANNING\01-MapFiles\Legal\2021\DurhamBRT\DurhamBRT.aprx Date: Oct. 21, 2021 Scale: 1:500 THIS IS NOT A PLAN OF SURVEY Location: File: Location Map City Development Department Attachment #2 to Report LEG 14-22 PlCKERlNG - 667 - Dunbarton R o a d Ap p l e v i e w Ro a d D u n c h u r c h S t r e e t Ki n gston R oa d Mer r itton R o a d Highwa y 401 Li g h t f o o t Pl a c e Ro s e b a n k R o a d Kings t o n R o a d Highwa y 4 0 1 O l d F o r e s t R o a d Part 2, 40R-31400 Part 1, 40R-31400 Part 1, 40R-31395 Part of Lots 156, 163 and 164, RCP 816, being Part 1, 40R-31396 Various Locations Along Kingston Road Durham BRT © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. L:\PLANNING\01-MapFiles\Legal\2021\DurhamBRT\DurhamBRT.aprx Date: Oct. 21, 2021 Scale: 1:3,000 THIS IS NOT A PLAN OF SURVEY Location: File: Location Map City Development Department -~of- P](KER]NG - 668 - Ol d L a k e R i d g e R o a d S La k e Ri d g e R o a d S Kingston Road E Dundas Street W Cresser Avenue La k e R i d g e R o a d N Various Locations Along Kingston Road Durham BRT © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. L:\PLANNING\01-MapFiles\Legal\2021\DurhamBRT\DurhamBRT.aprx Date: May. 26, 2022 Scale: 1:2,500 THIS IS NOT A PLAN OF SURVEY Location: File: Location Map City Development Department Part Lot 1, Con 2 as in CO177977 and Part Lot 1, Con 2 as in C176719 Part Lot 35, Con 1 Whitby as in HWYPL442, Part Lot 1, con 1 as in CO75459 (26494-0715) -~of- P](KER]NG - 669 - Report to Council Report Number: OPS 04-22 Date: June 27, 2022 From: Brian Duffield Director, Operations Subject: Town Hall Park (formerly referred to as Brougham Parkette) - Licence Renewal Agreement - File: A-1440 Recommendation: 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with Her Majesty The Queen In Right Of Canada as represented by the Minister of Transport for a further ten year term, commencing December 1, 2022 and ending on November 30, 2032, in the form attached hereto, subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor, and the Chief Administrative Officer; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: As per Council Resolution #177/07, the City of Pickering entered into a five year licence agreement with Transport Canada for the period of February 1, 2007 to January 31, 2012 for Property PIN 614725-1 located in part of Lot 19, Concession 6, also known as Town Hall Park. The lease agreement expired in 2012 and the arrangement continued between the City of Pickering and Transport Canada for this property subject to Section 4.06 Overholding within the agreement. As per Council Resolution #362/17 the City of Pickering entered into a licence renewal agreement with Transport Canada for a further five year term, commencing on December 1, 2017 and ending on November 30, 2022. Her Majesty The Queen In Right Of Canada as represented by the Minister of Transport is in agreement to extend the licence agreement for a period of ten years, commencing on December 1, 2022 and ending on November 30, 2032. Financial Implications: The rental per annum for the Town Hall Park paid by the City to Transport Canada is $10.00 plus HST. At approximately 0.11 acres in size, the City’s cost to maintain the property is negligible. - 670 - OPS 04-22 June 27, 2022 Subject: Town Hall Park – Licence Renewal Agreement Page 2 Discussion: The City of Pickering entered into the most recent licence agreement with Transport Canada. on December 1, 2017, in respect of the property for Property PIN 614725-1 located in part of Lot 19, Concession 6, also known as Town Hall Park. The park is an open greenspace marked with an Ontario Historical Plaque commemorating Peter Mathews, who farmed adjacent land, and his role in the Rebellion of 1837. The Director, Operations recommends that a licence renewal agreement for a further ten year term (December 1, 2022 to November 30, 2032) be entered into, and that Council authorize the Mayor and City Clerk to execute the agreement in its final form. Attachments: 1. Draft PIN 614725-1 – City of Pickering Town Hall Park Licence Agreement 2022 2. Town Hall Park Location Map Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Brian Duffield Paul Bigioni Director, Operations Director, Corporate Services & City Solicitor BD:rg Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 671 - PROTECTED A / PROTÉGÉ A PIN 614725-1 LICENCE AGREEMENT THIS AGREEMENT made as of the 1st day of DECEMBER, 2022. BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Transport (“Her Majesty”) AND THE CORPORATION OF THE CITY OF PICKERING, a municipal corporation incorporated pursuant to the laws of the Province of Ontario (hereinafter called "City of Pickering") WHEREAS Her Majesty owns lands in the cities of Markham and Pickering, Ontario, commonly known as the Pickering Lands Site (the “PLS”); AND WHEREAS the City of Pickering wishes to use land on that part of the PLS lands described on the attached Schedule “A”, and shown on the attached Schedule “B”, and identified by Her Majesty as PIN 614725-1 (the “Licenced Lands”) to be used solely for the purpose of a park, known as the Town Hall Park (the “Park”); AND WHEREAS Her Majesty is willing to grant the City of Pickering a non-exclusive licence to use the Licenced Lands for the sole purpose of maintaining the Park on the basis that Her Majesty incurs no liability whatsoever for any injuries or damages suffered by any party or third party upon the PLS and the Licenced Lands caused or contributed to by City of Pickering’s exercise of rights under this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants and agreements herein and the annual payments by the City of Pickering, hereinafter called the "Licence Fee", and subject to the terms and conditions hereinafter set out, the parties agree as follows: Attachment #1 to Report OPS 04-22 - 672 - PROTECTED A / PROTÉGÉ A 1. EFFECTIVE DATE, LICENCE FEE AND TERM 1.1 This Agreement shall come into effect upon execution by both Her Majesty and the City of Pickering and shall remain in effect for a period of ten (10) years from the date first above written, that is, from DECEMBER 1, 2022 to NOVEMBER 30, 2032 (the “Term”). 1.2 The City of Pickering shall pay to Her Majesty each year of the Term, subject to the terms and conditions of this Agreement, annual Licence Fee in the amount of ten dollars ($10.00), plus HST, such annual Licence Fee payable in advance on the first day of each and every year during the Term, commencing on December 1st, 2022. 1.3 The Licence Fee may be paid by credit, debit or cheque, payable to the Receiver General for Canada and delivered to the following address: Transport Canada Corporate Services 4900 Yonge St., 3rd Floor Toronto, Ontario M2N 6A5 1.4 Either party may terminate this Agreement upon thirty (30) days’ written notice to the other. 2. RESPONSIBILITIES OF THE PARTIES 2.1 The City of Pickering shall ensure that the Parkette does not interfere with the use of the PLS or the Licenced Lands by Her Majesty or any of Her Majesty’s tenants, agents, contractors, invitees or licensees. 2.2 The City of Pickering agrees to maintain the Park during the Term at no cost to Her Majesty. 2.3 Her Majesty grants to the City of Pickering a non-exclusive licence to permit the City of Pickering to maintain the Park on the Licenced Lands during the Term, in accordance with the terms of this Agreement, provided always that the exercise by the City of Pickering of the rights granted to it by Her Majesty herein shall be subject to the obligations of Her Majesty to Her tenants, and to the rights of other licensees of Her Majesty. For greater clarity, this Agreement permits the City of Pickering to maintain the Park on the Licenced Lands. No other use of the Licenced Lands is permitted. 3. GENERAL 3.1 The City of Pickering shall indemnify and save Her Majesty, Her employees, servants, agents, contractors, and tenants harmless from and against all claims and demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to any violation of this Agreement by the City of Pickering. - 673 - PROTECTED A / PROTÉGÉ A 3.2 This Agreement may be amended only by a written agreement signed by the parties. 3.3 Schedules “A” and “B” form part of this Agreement. 3.4 The City of Pickering shall purchase and maintain throughout the Term of this Agreement, commercial general liability insurance which shall include coverage for personal injury (including death) and property damage, including loss of use thereof, all on a per occurrence basis, with respect to the use and occupation of the Licenced Lands (including members of the public), with a limit for any one occurrence or claim of not less than Five Million Dollars ($5,000,000). Such insurance shall: (a) Name Her Majesty in right of Canada as an additional insured; (b) Contain a severability of interests and cross-liability clause; and (c) Contain a clause that the policy of insurance shall not be modified or cancelled without at least thirty (30) days written notice of cancellation to Her Majesty. The City of Pickering shall provide evidence of such insurance to Her Majesty upon execution of this Agreement. 3.5 Her Majesty shall not be required to pay any and all taxes and assessments pursuant to the Payments in Lieu of Taxes Act R.S.C., 1985, c. M-13 and Payments in Lieu of Taxes Regulations (SOR/81-29), including local improvement charges and development charges of any kind whatsoever that are imposed by the municipality against the Licenced Lands during the currency of this Agreement, including any taxes or other amounts which are imposed of, or in lieu of, or in addition to, any such taxes and assessments. Her Majesty acknowledges and agrees that the Licenced Lands will remain subject to assessment for municipal realty tax purposes. A municipal realty tax invoice must be rendered in the ordinary course in respect of the Licenced Lands, however, it will not be forwarded to Her Majesty and Her Majesty will not be required to pay it. 3.6 This Agreement shall be interpreted in accordance with the laws in force in the Province of Ontario, subject always to any paramount or applicable federal laws. Nothing in this Agreement is intended to nor shall be construed as limiting, waiving or derogating from any federal Crown prerogative. 3.7 The failure by any party to insist in any one instance upon the strict performance by the other party of obligations in this Agreement shall not constitute a waiver or relinquishment of any such obligations as to any other instances, and the same shall continue in full force and effect. 3.8 If, for any reason, any provision of this Agreement, other than any provision which is of fundamental importance to the arrangement between the parties, is to any extent held or rendered invalid or unenforceable, then the particular provision shall be deemed to be - 674 - PROTECTED A / PROTÉGÉ A independent of and severed from the remainder of this Agreement and all the other provisions of this Agreement shall nevertheless continue in full force and effect. 3.9 Section 3.1 shall survive termination of this Agreement and shall continue in full force and effect. 4. NOTICES 4.1 Notices shall be delivered as follows: In the case of HER MAJESTY: Transport Canada 4900 Yonge Street, 4th Floor Toronto, ON M2N 6A5 Attn: Perry Papadatos, Regional Manager, Pickering Site Operations Telephone: National Service Call Centre: 1-888-526-5673 E-mail: perry.papadatos@tc.gc.ca or to such other address as HER MAJESTY may advise from time to time. In the case of the City of Pickering: The Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: Brian Duffield Director, Operations Telephone: 905-420-4660, ext. 3223 E-mail: bduffield@pickering.ca or to such other address as the City of Pickering may advise. - 675 - PROTECTED A / PROTÉGÉ A IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF TRANSPORT ______________________________________ Per: PERRY PAPADATOS Regional Manager, Pickering Site Operations THE CORPORATION OF THE CITY OF PICKERING ______________________________________ Per: DAVID RYAN Mayor, City of Pickering _______________________________________ Per: DEBBIE SHIELDS City Clerk, City of Pickering I/We have authority to bind the Corporation. - 676 - PROTECTED A / PROTÉGÉ A SCHEDULE “A” DESCRIPTION OF THE LICENCED LANDS Schedule A: Description of Licenced Lands - All of PWGSC PIN 614725-1 Description of All of PWGSC PIN 614725 That parcel or tract of land situate, lying and being in the City of Pickering in the Regional Municipality of Durham containing approximately 0.33 acres, being part of Lot 19, Concession 6, Geographic Township of Pickering, also being Lot 1, Registered Plan 10, Village of Brougham as in Instrument Number 24371 (Firstly) and shown in RED on the attached Schedule B: PIN 614725 Sketch. PWGSC PIN 614725 is part of the Durham Land Registry Office (No. 40) property identifier number 026388 – 0065 (LT). Description of the Licenced Lands being All of PWGSC PIN 614725-1 That parcel or tract of land situate, lying and being in the City of Pickering in the Regional Municipality of Durham containing approximately 0.11 acres, being part of Lot 19, Concession 6, Geographic Township of Pickering composed of that Part of PWGSC PIN 614725 shown in red and labeled 725-1 on the attached Schedule B: PIN 614725 Sketch. - 677 - PROTECTED A / PROTÉGÉ A SCHEDULE “B” SKETCH OF THE LICENCED LANDS Schedule B: PIN 614725-1 - 678 - - 679 - Report to Council Report Number: OPS 12-22 Date: June 27, 2022 From: Brian Duffield Director, Operations Subject: Request for Additional Funds for the Construction of Fire Station #1 - File: A-1440 Recommendation: 1. That Report OPS 12-22 of the Director, Operations regarding additional costs for Tender No. T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive be received; 2. That additional costs in the amount of $203,520.00 (net of HST rebate) over the original tender amount for T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive resulting in a revised tender amount of $9,183,840.00 (net of HST rebate) be approved; 3. That additional costs in the amount of $56,160.00 (net of HST rebate) for additional FF&E above the $300,000.00 previously approved Capital Budget be approved; 4. That the Director, Finance & Treasurer be authorized to finance the additional net project costs of $259,680.00 as follows: a) the sum of $179,645.00 to be funded by a transfer from the Development Charges – Protective Services Reserve Fund; b) the sum of $62,725.00 to be funded by a transfer from the Development Charges – City’s Share Reserve; c) the sum of $17,310.00 to be funded by a transfer from the Seaton FIA Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: Tender T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive was awarded to Percon Construction Inc. following approval of Report FIR 01-21 by Council on March 22, 2021, for a value of $8,980,320.00 (net HST rebate). This value included a contingency of $630,000.00 (approximately 7.6% of bid price) and cash allowances totaling $510,000.00. A separate $300,000.00 budget for furniture, fixtures and equipment (FF&E) was approved in the 2021 Capital Budget under project 5340.2107. - 680 - OPS 12-22 June 27, 2022 Subject: Request for Additional Funds for the Construction of Page 2 Fire Station #1 All costs for defined work included in the contract documents is locked in as part of the original tender amount, but costs charged against contingency funds and cash allowances are incurred in real time as the project progresses and therefore subject to inflation. Construction costs have risen significantly due to the impact of Covid-19 on materials, manufacturing, supply chains and labour rates across the construction industry since T2020-3 was awarded. FF&E costs are also incurred as work progresses to coordinate delivery times with the completion of work on site, and have experienced even greater increases than those in construction. Due to the pending municipal election in October 2022, and the additional risk that Council may be in a lame duck position through the final stages of construction, approval for additional funds is requested to ensure that they are available, if required, to maintain the timely and successful completion of the project. Construction of the new Fire Station and Headquarters remains on track to be completed by the original contract completion date of November 22, 2022. Financial Implications: 1. Approved Cost as per FIR 01-21 Tender No. T2020-3 $8,195,000.00 Associated Costs Contingency 630,000.00 Sub-Total Costs $8,825,000.00 HST (13%) 1,147,250.00 Total Gross Proposal Cost 9,972,250.00 HST Rebate (11.24%) Total Gross Proposal Cost 991,930.00 $8,980,320.00 - 681 - OPS 12-22 June 27, 2022 Subject: Request for Additional Funds for the Construction of Page 3 Fire Station #1 2. Actual and Additional Costs Tender No. T2020-3 (including change orders to date) $8,671,982.00 Miscellaneous Costs (incurred to date) 35,451.00 Remaining Contingency 117,567.00 FF&E Costs & Commitments (incurred to date) 130,427.00 Remaining FF&E Funds 169,573.00 Sub-Total $9,125,000.00 Additional Costs Additional Construction Contingency 200,000.00 Additional FF&E Contingency 50,000.00 Total Project Costs (excluding taxes) $9,375,000.00 HST (13%) 1,218,750.00 Total Gross Project Costs $10,593,750.00 HST Rebate (11.24%) (1,053,750.00) Total Net Project Costs $9,540,000.00 Approved Funds (FIR 01-21 plus FF&E budget) $9,280,320.00 Additional Funds Required $259,680.00 - 682 - OPS 12-22 June 27, 2022 Subject: Request for Additional Funds for the Construction of Page 4 Fire Station #1 3. Approved Source of Funds Approved Code C10700.2007 C10700.2007 C10700.2007 C10700.2107 C10700.2107 C10700.2007 C10700.2007 C10700.2107 C10700.2107 Source of Funds 20-Year Debt RF DC Debt – Protection Services Property Taxes RF DC – Protection Services RF – Seaton Land Group FIA RF DC – Protection Services City Share DC Reserve RF DC – Protection Services RF – Seaton Land Group FIA Total Funds Funds Available $2,765,000.00 6,213,000.00 2,320.00 207,500.00 92,500.00 0.00 0.00 0.00 0.00 $9,280,320.00 Funds Required $2,765,000.00 6,213,000.00 2,320.00 207,500.00 92,500.00 140,795.00 62,725.00 38,850.00 17,310.00 $9,540,000.00 Project Cost under (over) approved funds by ($259,680.00) Discussion: Tender T2020-3 for Construction of a New Fire Station and Headquarters on Zents Drive was awarded to Percon Construction Inc. following approval of Report FIR 01-21 by Council on March 22, 2021. Construction costs have increased significantly since the project was awarded. By way of comparison, cost increases that were in the range of +3 percent per annum at the time of award of the project have since been trending in the range of +3 percent per quarter throughout 2022. Staff continue to diligently manage the work, but project a risk that the existing budget could be exceeded prior to completion of the work based on current projections. Contingency costs, cash allowances, and FF&E for this project account for $1,440,000.00 (pre- tax) of the approved budget value, but are subject to market pricing and directly impacted by inflationary pressures. - 683 - OPS 12-22 June 27, 2022 Subject: Request for Additional Funds for the Construction of Page 5 Fire Station #1 Three significant cost pressures have impacted the original project contingency. The first was the unexpected discovery of poor soils on site, which had to be removed and replaced. Steps were taken to mitigate this cost, reducing the resulting change order by nearly $100,000. The second was an after-tender request to provide enclosed offices on the upper floor, requiring extensive changes to the architectural and electrical scopes of work, an totaling approximately $100,000. The changes were required by Fire Services in order to meet their operational needs for the headquarters are and not captured in the original design. The third is a more general pressure that can currently be found throughout the construction industry. Bids submitted for the original tender are based on late 2020 prices. Those materials and pieces of equipment are often not actually ordered by the contractors until later in the construction process, by which time they can be subject to market price increases. This is part of the risk undertaken by all trades in construction. It also drives attempts at cost recovery by contractors on change orders issued after the initial award of the work. The aggressiveness of requests for extras on projects is often proportional with cash flow pressures experienced by the general contractor and sub-contractors during actual construction. Staff, supported by the project consultant team, make every effort to ensure that approved changes are priced fair and reasonably, and in the best interests of the City, but change order costs will be based on current market prices at the time when a change is requested and approved. The last twelve months have seen extraordinary upward pressures in material, construction, and labour costs, most notably represented by a series of union labour strikes over the last few months, of which some are still ongoing. The new Fire Station and Headquarters remains on target to be completed by November 22, 2022 and costs incurred to date remain within the approved budget. This request for additional funds is intended to be precautionary, based on the known value of outstanding change orders and remaining purchases to be made against remaining cash allowances and FF&E budgets. Negotiations are ongoing with the general contractor to modify changes to the tendered scope of work to ensure successful project delivery at a reasonable costs, but all post-tender changes applied to the work are subject to current market rates. Where possible, existing FF&E from the existing headquarters will be relocated and re-used to help mitigate costs. New equipment will still be required, and staff are exploring the most cost- effective solutions for service delivery while minimizing any potential impact to future operations. Where possible, non-essential costs will also be deferred to future budgets and the related work or items purchased separately at a later date. - 684 - OPS 12-22 June 27, 2022 Subject: Request for Additional Funds for the Construction of Page 6 Fire Station #1 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Vince Plouffe, OAA, RAIC Stan Karwowski, MBA, CPA, CMA Manager, Facilities Capital Projects Director, Finance & Treasurer Original Signed By Original Signed By Brian Duffield Stephen Boyd, CMM III Director, Operations Fire Chief BD:vp Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 685 - Report to Council Report Number: OPS 15-22 Date: June 27, 2022 From: Brian Duffield Director, Operations Subject: Supply & Delivery of Various Vehicles -Quotation No. Q2022-10 -File: A-1440 Recommendation: 1.That Quotation No. Q2022-10 submitted by Blue Mountain Chrysler LTD., in the amount of $621,042.00 (HST excluded) be accepted; 2.That the total gross project cost of $701,777.46 (HST included), and that the total net project cost of $631,972.00 (net of HST rebate) be approved; 3.That the Director, Finance & Treasurer be authorized to finance the total net project cost of $631,972.00, as provided for in the 2020 to 2022 Capital Budgets as follows: a)the sum of $502,388.00 to be funded from the Vehicle Replacements Reserve; b)the sum of $25,000.00 to be funded from Donations; c)the sum of $67,859.00 to be funded from Property Taxes; d)the sum of $36,725.00 to be funded from the Development Charges - Protective Services Reserve Fund; and, 4.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The City uses vehicles in various capacities to service the community and the residents of Pickering. The purchase of the various vehicles was provided through the annual budget process. The quotation from Blue Mountain Chrysler LTD. was the only bid submitted and has received an acceptable evaluation score from the Evaluation Committee. In accordance with Purchasing Policy Item 06.11(c), where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is over $250,000.00, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO, and Council. - 686 - OPS 15-22 June 27, 2022 Subject: Supply & Delivery of Various Vehicles Page 2 Financial Implications: 1. Quotation Amount Quotation No. Q2022-10 $621,042.00 HST (13%) Total Gross Quotation Cost 80,735.46 $701,777.46 2. Estimated Project Costing Summary Quotation No. Q2022-10 $621,042.00 Total Project Cost $621,042.00 HST (13%) 80,735.00 Total Gross Project Costs $701,777.00 HST Rebate (11.24%) (69,805.00) Total Net Project Cost $631,972.00 3.Approved Source of Funds Description Account Code Source of Funds Available Budget Required Midsize Utility Vans C10220.2207 Vehicle Replacement Reserve 90,000.00 79,891.00 Midsize SUV C10220.2212 Vehicle Replacement Reserve 45,000.00 37,667.00 Midsize SUV C10700.2106 Vehicle Replacement Reserve 35,000.00 33,128.00 Midsize SUV C10520.2208 Vehicle Replacement Reserve 45,000.00 37,667.00 Small Vehicle C10700.2105 Development Charges –Protective Services 53,625.00 36,725.00 Small Vehicle C10700.2105 Third Party Contribution Vehicle 1,375.00 0.00 Small Vehicle C10700.2105 Replacement Reserve 0.00 942.00 Small Vehicle (Hybrid Electric) C10110.2002 Property Taxes 52,000.00 67,859.00 - 687 - OPS 15-22 June 27, 2022 Subject: Supply & Delivery of Various Vehicles Page 3 Description Account Code Source of Funds Available Budget Required (4) ¾ Ton Pickup Truck Tow Package C10305.2217 Vehicle Replacement Reserve 300,000.00 278,867.00 ½ Ton Pickup Truck C10315.2206 Vehicle Replacement Reserve 0.00 34,226.00 ½ Ton Pickup Truck C10315.2206 Donations 27,500.00 25,000.00 Total Funds $649,500.00 $631,972.00 Project Cost under (over) approved funds by $17,528.00 Discussion: The City of Pickering’s Operations Department, Fleet Section manages and assists with the procurement of the City’s fleet. As reflected in the 2020 to 2022 Capital Budgets, the vehicles listed above were approved for purchase. After careful review of all submissions received and based on the recommendation from the Evaluation Committee, Blue Mountain Chrysler LTD. was the top ranked respondent. Therefore, it is recommended that Blue Mountain Chrysler LTD. be awarded the quotation in the amount of $621,042.00 (HST excluded) with a total net project cost of $631,972.00 (net of HST rebate) be approved. Attachment: 1.Supply & Services Memorandum, dated June 13, 2022 Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Matt Currer Cathy Bazinet Supervisor, Fleet Operations Manager, Procurement - 688 - OPS 15-22 June 27, 2022 Subject: Supply & Delivery of Various Vehicles Page 4 Original Signed By: Original Signed By: Brian Duffield Stan Karwowski, MBA, CPA, CMA Director, Operations Director, Finance & Treasurer MC:bd Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 689 - To: Brian Duffield Director, Operations June 13, 2022 From: Kayla Horne Buyer, Supply & Services Copy: Administrative Assistant, Operations Supervisor, Public Works Administration Manager, Supply & Services Subject: Quotation No. Q2022-10 Supply & Delivery of Various Vehicles Closing Date: Thursday, May 12, 2022 at 12:00 Noon. File: F-5300-001 Quotation Q2022-10 was advertised on the City’s website on April 20, 2022 of which one (1) company responded. Stage I – Mandatory Submission Requirements – determines which submissions satisfy all the mandatory submission requirements and provides Respondents the opportunity to rectify deficiencies. One (1) proposal proceeds to Stage II – Evaluation. A summary of the Stage II and III evaluation results for each quotation is attached. Blue Mountain Chrysler is the top ranked respondent with a submitted price of $332,246.00 for Pick-up Trucks, $185,095.00 for Midsize SUVs, and $103,701.00 for small vehicles with a total price of $621,042.00 (HST Excluded). A budget of $677,000.00 was provided to Supply & Services for this procurement. In accordance with Purchasing Policy Item 06.04, the authority for the dollar limit as set out below excludes HST. In accordance with Purchasing Policy, Item 06.11, where the compliant quotation or tender meeting specifications and offering best value to the City is acceptable or where the highest scoring proposal is recommended and the estimated total purchase price is: (c) Over $250,000, the Manager may approve the award, subject to the approval of the Director, Treasurer, CAO and Council. Please provide your recommendation in report/memo form. After receiving Council’s approval, an approved “on-line” requisition will be required to proceed. Please direct all enquiries to Supply & Services. Respondents will be advised in due course. Memo Attachment #1 to Report OPS 15-22 - 690 - Page 2 of 2 If you require further information or assistance, do not hesitate to contact me or a member of Supply & Services. CB/kh Attachments (1) - 691 - Report to Council Report Number: OPS 16-22 Date: June 27, 2022 From: Brian Duffield Director, Operations Subject: Tillings Yard Remediation -File: A-1440 Recommendation: 1.That Council delegate the authority to award a contract, with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer; and the cost not to exceed $2,635,584.00 (net of HST) from a public tender to be issued at the earliest opportunity to meet compliance with applicable government trade legislation and in accordance with the City’s Purchasing Policy, and that staff report back to Council; 2.That in accordance with Purchasing Policy Item 10.03 (c), additional consulting costs for Cambium Inc. be approved on a schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer, with costs to be funded from the same source as Recommendation 1; 3.That in accordance with Purchasing Policy Item 10.03 (c), Independent Project Managers be retained on a schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer, with costs to be funded from the same source as Recommendation 1; 4.That the Director, Finance & Treasurer be authorized to finance the additional fee referenced in Recommendations 1, 2, and 3 in the amount of $2,635,584.00 by a transfer from the Operations Centre Reserve Fund; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The Durham District School Board (DDSB) previously identified the former Public Works’ yard located at 2570 Tillings Road as the site for a future elementary school. The addition of a school in this location is a key component of the essential infrastructure required to service the needs of the growing community. DDSB have been working closely with the City on a remediation plan of the site to a level acceptable for the intended use as a school. Active use of the site ended in July 2019, and all above grade structures were demolished in May 2020. A Phase 2 Environmental Site Assessment (ESA) completed, after demolition, identified a variety of contaminants throughout the site that are consistent with its prior use. Remediation of the identified contaminants of concern is possible, with the exception of salt which reaches a significant depth and has been consistently found in ground water throughout the site. It is not possible to fully remediate this condition to meet a class 1 or class 2 soil condition in accordance with Ministry of the Environment, Conservation and Parks (MECP) standard tables - 692 - Report OPS 16-22 June 27, 2022 Subject: Tillings Yard Remediation due to the depth and extent of the salt contamination. The DDSB is prepared to support a Risk Assessment application to MECP for a remediation plan that only excludes the salt contamination from remediation. Furthermore, DDSB must obtain a Record of Site Condition (RSC) before they can acquire the site and seek authority to proceed with the school project and their timeline to do requires an immediate decision to proceed with the site remediation. As part of the decommissioning and remediation of the former Public Works’ yard, all underground foundation, services, concrete slabs, etc. must be removed. This work is required to start on site as early as possible in order to meet the project deadline. The City’s environmental consultant, Cambium Inc., has produced a localized remediation plan that identifies the location and extent of contamination to be excavated and removed. The extent of the contamination is to be further delineated by on-site testing during the remediation. As this can only be verified while work proceeds, staff recommend completing the remediation work under a schedule of rates, to be established after this approval in order to more clearly define the contractor’s scope of work and set acceptable unit rates for cost control. The City of Pickering is bound by the Canadian Free Trade Agreement (CFTA) and the Canada- European Union Comprehensive and Economic Trade Agreement (CETA) which mandate the public tender of projects with anticipated costs over $121,200.00, including prescribed timelines for the tendering process (Article 19.10 of CETA). The projected value of this project dictates that the City must comply with CETA requirements. Staff will work with the City’s consulting team to immediately prepare and tender this work for award at the earliest possible date. Delegated authority is requested, within the bounds of previously approved budget, in order to ensure that the project can move forward consistent with the project timeline and should Council be declared to be in a ‘lame duck’ state before an award can be made. Financial Implications: 1. Estimated Project Costing Summary Demolition of all Underground Structures (budget estimate) $500,000.00 Remediation & Related Costs (includes overall project contingency) 1,940,000.00 Cambium Phase 3 Consulting (budget estimate) 100,000.00 IPM (budget estimate) 50,000.00 Total Cost $2,590,000.00 HST (13%) 336,700.00 Total Gross Project Costs $2,926,700.00 HST Rebate (11.24%) (291,116.00) Total Net Project Costs $2,635,584.00 - 693 - Report OPS 16-22 June 27, 2022 Subject: Tillings Yard Remediation 2.Approved Source of Funds – Operations Centre Capital Budget Approved Code Source of Funds Funds Available Funds Required C10300.1901 Operations Centre Reserve Fund $2,670,641.00 $2,635,584.00 Total Funds $2,670,641.00 $2,635,584.00 Project Cost under (over) approved funds by $35,057.00 Accounts 5315.1802 and 5315.1901 are related to the Operations Centre Demolition & Site Remediation Plan project. The accounts have been merged into C10300.1901, with a combined budget of $3,200,000.00. The available funds listed above represent the balance remaining after all previously approved commitments. Discussion: Staff relocated to the newly completed Operations Centre at 1955 Clements Road in the summer of 2019. The existing buildings at the 2570 Tillings Road site were subsequently demolished. Only foundations, slabs on grade, and related underground amenities currently remain. All site services have been decommissioned, capped and/or disconnected. Cambium Inc. completed site investigations and testing required to prepare initial Phase 1 and Phase 2 Environmental Site Assessments. A variety of contaminants of concern have been found on the property, of types and in concentrations to be expected with its past use. The most prevalent source of soil contamination is the presence of salt, which is also found in some of the groundwater throughout the site. Some of the contaminated materials cannot be fully remediated, notably the presence of salt in the groundwater, meaning that it will not be feasible to achieve the Ministry’s standard class 1 or class 2 soil classifications, which are normally required for uses such as residential development and schools. Completion of a Risk Assessment submission, in accordance with O.Reg. 153/04, will be required to obtain the record of site condition and permit managing in place salt-related contamination and the remediation of the remaining contaminants of concern. The Durham District School Board (DDSB) continues to work with the City to make this land suitable as the site for a future elementary school. Implementing the risk assessment and related remediation requirements that are acceptable to DDSB requires immediate action to start the related work in order to meet their overall project timeline to open an elementary school by September 2024. Once a contractor is retained to start the remaining demolition and remediation, a revised submission to the MECP will be made to continue the risk assessment process. This can proceed at the same time as work occurs on site. This funding request will enable staff to accelerate the remediation process through continuous testing of soils during removal of the subgrade infrastructure. Materials with only salt-related contamination may be stockpiled on site and re-used as table 1 fill to reduce overall costs. Independent Project Managers (IPM) was retained by the City to help facilitate the construction of the new Operations Centre and is familiar with the history and condition of the Tillings Yard site. Staff proposed to retain IPM to supplement available resources, providing additional direct - 694 - Report OPS 16-22 June 27, 2022 Subject: Tillings Yard Remediation monitoring of this project to help accelerate its completion and implement additional cost monitoring and controls. Delegation of Authority to Award Contract to Staff – Recommendations 1, 2 and 3 Recommendations 1, 2, and 3 seek Council approval to delegate the awarding of the contracts associated with the Tillings Yard remediation to both the Director of Operations and the Director Finance & Treasurer. By Council approving this recommendation, this will allow the work to start on site to meet the aggressive project timelines. Using this approach, will enable award and commencement of the work while maintaining the integrity and legal requirements of the procurement process. The related consulting additional costs to Cambium Inc. expand an existing scope of work on this project. IPM have a proven track record for supplementing staff resources on large or complex projects of this nature and will provide an additional level of oversight on the contractor to protect the public interest on cost and quality controls. Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Brian Duffield Cathy Bazinet, CPPB, NIGP-CPP Director, Operations Manager, Procurement Original Signed By: Original Signed By: Vince Plouffe, OAA, RAIC Stan Karwowski, CPA, CMA, MBA Manager, Facilities Capital Projects Director, Finance & Treasurer BD:vp Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 695 - Report to Council Report Number: PLN 33-22 Date: June 27, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Lease Agreement – Big Bite Gourmet Burgers Inc., 1550 Kingston Road, Unit 50 -Temporary Patio Program – Use of City Owned Lands -File: D-1000-006 Recommendation: 1.That Council approve the Draft Lease Agreement for the Temporary Use of City Property within the boulevard on Valley Farm Road, adjacent to 1550 Kingston Road, Unit 50, between the City of Pickering and Big Bite Gourmet Burgers Inc. for the period June 27, 2022 to November 30, 2022, as set out in Appendix I to Report PLN 33-22; 2.That the Mayor and City Clerk be authorized to execute the Lease Agreement between the City of Pickering and Big Bite Gourmet Burgers Inc. in the form as appended to this report subject to revisions as may be acceptable to the Chief Administrative Officer, the City Solicitor and the Director, City Development & CBO; and 3.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Big Bite Gourmet Burgers Inc. (aka Big Bite Grill), located at 1550 Kingston Road, Unit 50, has submitted a request to operate a temporary outdoor patio, within a grassed area fronting onto Valley Farm Road, a portion of which would be located on the City owned boulevard adjacent to the restaurant. The proposed location and design (see Location Map, Attachment #1) of the temporary patio space have met the requirements laid out by the City’s ‘Temporary Patios – Municipal Review and Approval Process’. Staff therefore recommends that the City enter into a Lease Agreement with Big Bite Gourmet Burgers Inc. for temporary use of the City’s boulevard from June 27, 2022 to November 30, 2022 (see Draft Licence Agreement, Appendix I). The Big Bite Gourmet Burgers Inc. temporary patio would be subject to terms that address the restriction of patio patron movements to within the identified boundary of the temporary patio, and that there is no amplified music permitted after 9:00 pm. The term of the Licence Agreement proposed is June 27, 2022 to November 30, 2022, as prescribed by the terms of the City’s Temporary Patio Program for 2022. Financial Implications: There are no financial implications associated with this lease agreement. - 696 - PLN 33-22 June 27, 2022 Subject: Lease Agreement – Big Bite Gourmet Burgers Inc. Page 2 Discussion: As set out in the City’s ‘Temporary Patios – Municipal Review and Approval Process’, operation of a temporary patio space on City owned property is subject to the execution of a Licence Agreement with the City and is permitted for a limited term of operation that does not conflict with the City’s municipal Winter Maintenance operations. Big Bite Gourmet Burgers Inc. is located at the north/east corner of Valley Farm Road and Kingston Road, within the commercial development at 1550 Kingston Road, in unit #50. Staff in Fire Services and Building Services have reviewed this request, and have no objection to the proposed design or location of the temporary patio space. The proposed term of the Licence Agreement is June 27, 2022 to November 30, 2022. The patio must be removed at the end of the term to accommodate the City’s Winter Maintenance program. Prior to execution of the Licence Agreement, Big Bite Gourmet Burgers Inc. is required to provide the requisite Certificate of Insurance noting the City as an added insured, in an amount as required by the City. Compliance with the Ontario Building Code, Ontario Fire Code, applicable Municipal By-laws and current Provincial and Region of Durham Health & Safety criteria must be maintained at all times, and are subject to inspection without notice. Staff therefore recommends the City enter into a Licence Agreement (see Draft Licence Agreement, Appendix I) with Big Bite Gourmet Burgers Inc. for the temporary use of the City owned boulevard, as indicated in the attached site drawing (see Location Map, Attachment #1). Any future use of the City’s boulevard for a seasonal patio use will be reviewed on an annual basis, and brought to Council for review. Appendix: Appendix I Draft Licence Agreement Attachment: 1.Location Map - 697 - PLN 33-22 June 27, 2022 Subject: Lease Agreement – Big Bite Gourmet Burgers Inc. Page 3 Prepared By: Approved/Endorsed By: Catherine Hodge Kyle Bentley, P. Eng. Senior Coordinator, Development Liaison Director, City Development & CBO CH:jc Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed ByOriginal Signed By Original Signed By - 698 - Appendix I to Report PLN 33-22 Draft Licence Agreement - 699 - 1 This Licence Agreement is made this 27th day of June, 2022. Between: Big Bite Gourmet Burgers Inc. (the "Restaurant”) -and - The Corporation of the City of Pickering (the "City") Whereas the City owns the lands legally described as Valley Farm Road, between King’s Highway No. 2 (aka Kingston Road) & Finch Avenue; being the road allowance between Lots 20 & 21, Concession 1 Pickering; and Whereas the Restaurant wishes to use a portion of the City-owned lands as shown in red on the location map attached hereto as Schedule “A” (the “Lands”) for the purpose of operating a temporary outdoor patio for the serving of food and beverages as shown on the plans and specifications attached hereto as Schedule “B” (the “Temporary Patio”); and Whereas the City has agreed to grant to the Restaurant a non-exclusive licence permitting the Temporary Patio on the Lands subject to the terms and conditions set out in this Licence. Now therefore in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the City and the Restaurant agree as follows: Licence 1.Subject to the terms of this Licence, the City grants permission to the Restaurant to use the Lands on a non-exclusive basis for the Temporary Patio. 2.The Restaurant acknowledges that this Licence does not create an interest in the Lands nor does the Restaurant claim any past or present interest, howsoever arising, as a result of or connected in any way with the use and occupation of the Lands. 3.The licence granted herein is only for the duration of this Licence and only for the purposes and uses stated herein. No other purposes shall be permitted without prior approval from the City. 4.The licence granted herein is not exclusive and the City reserves the right to enter onto the Lands and to grant, renew or extend licenses and other interests to other third parties. - 700 - 2 Term 5. Unless earlier terminated as provided herein, the term of this Licence shall commence on June 27, 2022, and expire on November 30, 2022 at 9:00 pm (the “Term”). 6. Except as otherwise provided for in this Licence, this Licence may be terminated by the City at any time and for any reason during the Term upon sixty (60) days prior written notice to the Restaurant. Notwithstanding the foregoing, if at any time the Restaurant is in default in the performance of any of the obligations under this Licence, the City shall have the right to terminate this Licence forthwith and thereupon all the rights of the Restaurant shall immediately cease. The City shall not be liable for payment to the Restaurant for any damage or loss arising from the termination of this Licence by the City pursuant to this Section. 7. Upon the expiry or earlier termination of this Licence, the Restaurant shall remove the Temporary Patio, at its own expense, and restore the Lands to its original condition. Fee 8. The Restaurant shall not be required to pay to the City any fee for this Licence, but shall be responsible for payment of all applicable non-City permits, licences, staffing charges and approval fees where applicable. Applicable Laws 9. The Restaurant shall comply strictly with all applicable law, by-laws, rules and regulations governing its use of the Lands for the Temporary Patio, including, but not limited to, the City’s Noise By-law, Traffic and Parking By-laws, the Ontario Building Code, the Ontario Fire Code, the Accessibility for Disabled Ontarians Act, and all applicable requirements of the Technical Standards & Safety Authority. 10. The Restaurant, where applicable, shall obtain all necessary permits, licenses and approvals that may be required in connection with its use of the Lands for the Temporary Patio, including, but not limited to: a) The City of Pickering form – ‘Request to Review for Temporary Patio’; b) Tents, should they be constructed, must comply with applicable building permit requirements under the Building Code Act, Ontario Building Code (OBC) and the City’s Temporary Tent Standard Operating Procedure (City Development Department); c) Compliance with the Health & Safety Guidelines as issued for outdoor patio operations by the Province of Ontario and the Durham Region Health Department; and d) No smoking signs to be placed, in accordance with the Durham Region smoking ban by-law. - 701 - 3 Fire Safety & Ontario Building Code 11. The Restaurant acknowledges that the Temporary Patio is subject without notice, to: a) inspections to be carried out by City of Pickering Fire Services to determine compliance with the Ontario Fire Code; and b) inspections to be carried out by City of Pickering Building Services Section to determine compliance with the Ontario Building Code. 12. The location of the Temporary Patio must maintain a 1.2 metre clearance from all fire hydrants or fire connections (Siamese) and they must be visible and accessible at all times. 13. Portable fire extinguishers, a) shall be present if cooking equipment is used on the Temporary Patio, and any location serving alcoholic beverages. Extinguishers must be properly rated for the hazard present. Portable extinguishers shall be kept operable and fully charged; b) shall be located so that they are easily seen and shall be accessible at all times; and c) in proximity to a fire hazard shall be located so as to be accessible without exposing the operator to undue risk. 14. Restaurant staff must be familiar with the safe operation of portable fire extinguishers in their work area. Utilities 15. The Restaurant shall assume all costs and expenses in connection with the Temporary Patio, including, but not limited to, all utility costs. 16. The Restaurant and its employees, agents and contractors, including its electrical support group, is prohibited from altering City electrical infrastructure, and is only permitted to use existing outlets. 17. The Restaurant shall ensure all power cords have been covered to avoid tripping hazards. 18. The City assumes no responsibility to the Restaurant for the temporary or unavoidable interruption of the supply of any public utility service due to any cause whatsoever. Hours of Operation 19. Subject to any other regulatory approval (e.g. liquor licence), the Restaurant will maintain their usual hours of operation for the existing restaurant. Conditions of Use 20. The Restaurant will ensure that patrons using the temporary patio remain within the defined area of the temporary licence as detailed in Schedules A and B included herein at all times during open hours of operation of the temporary patio. - 702 - 4 21. The Restaurant will at all times comply with and ensure compliance with the terms of City of Pickering By-Law 6834/08, and specifically Schedule 2, Section 1 thereof, whereby no amplified noise or music is permitted between the hours of 9:00 pm and 7:00 am. Maintenance 22. The Restaurant shall ensure that the Lands and the Temporary Patio are maintained in a state of good and safe repair, and in a clean and sanitary condition during the Term, to the satisfaction of the City. The Restaurant shall immediately notify the City of any damage to the Lands. 23. In the event that the Restaurant wishes, during the Term, to replace or materially alter the Temporary Patio, the Restaurant shall not commence replacement or alteration unless: a) the City has approved the Restaurant’s plans, specifications and appearance of the proposed replacement or alteration; b) otherwise agreed to by the City, the replacement or alteration does not occupy an area that is larger than the Lands and shall be situate in the same location as the Temporary Patio; c) the Restaurant has received all regulatory approvals and/or the replacement or alteration complies with all regulatory requirements; and d) the Restaurant has obtained any necessary permits for the work to be undertaken. 24. The Restaurant shall ensure that any personnel installing, maintaining, replacing, altering or repairing the Temporary Patio shall be properly trained and fully qualified to perform the relevant work. The Restaurant shall ensure that it complies with the Construction Act and takes all necessary steps to prevent a lien from being claimed in respect of the Lands. Waste Management 25. The Restaurant shall remove any and all refuse generated by the use of the Temporary Patio, as it occurs and at the expense of the Restaurant. Insurance 26. The Restaurant, at its own expense, shall provide, a) comprehensive general public liability insurance, identifying the City as an additional insured, including coverage for personal injury, contractual liability, non-owned automobile liability, death and property damage, on an occurrence basis with respect to the Temporary Patio and the use and occupancy of the Lands, with coverage for any one occurrence or claim of not less than $5,000,000, which insurance shall protect the City in respect of claims by the Restaurant as if the City was separately insured; b) a certificate of insurance coverage in a form satisfactory to the City, which insurance coverage shall be kept in full force and effect throughout the Term; c) Thirty (30) days prior written Notice, by registered mail, will be given by the insurer(s) to the City of Pickering if this Policy is cancelled or if any material change occurs that would, - 703 - 5 for any reason, affect this Certificate or the City of Pickering as outlined in the coverage specified herein. Notice will be given to: The Corporation of the City of Pickering, Attention: City Development Department, One The Esplanade, Pickering, ON, L1V 6K7. 27. The Restaurant shall not do or omit or permit to be done anything that causes any insurance premium of the City to be increased, and if any insurance premium shall be so increased, the Restaurant shall pay to the City forthwith upon demand the amount of such increase. If notice of cancellation or lapse shall be given respecting any insurance policy of the City or if any insurance policy shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Lands, the Restaurant shall forthwith remedy or rectify such use or occupation upon being requested to do so in writing by the City and if the Restaurant shall fail to do so the City may, at its option, terminate this Licence forthwith by notice to the Restaurant. Liability and Indemnification 28. The City shall not be liable to the Restaurant for any loss, damage or personal injury (including death) relating to the Temporary Patio or the use and occupancy of the Lands, whether caused by fire, theft, burglary, or otherwise, unless such loss or damage was caused by the negligence or willful misconduct of the City, its servants, agents or employees. 29. Once any equipment is erected on the Lands, the Restaurant shall determine its own terms for overnight security of its equipment, and the Lands and equipment shall be and remain at the risk of the Restaurant. 30. All equipment erected on the Lands, must be removed at the end of the term of this Licence Agreement. 31. Save and except for the gross negligence as it relates any of its to obligations under this Agreement, or willful misconduct of the City, the Restaurant agrees to indemnify and save the City, and all its directors, officers, employees, elected officials, agents, contractors and representatives harmless from any and all losses, actions, damages, claims, liability, costs, expenses and demands, of any kind, including, without limiting the generality of the foregoing, all claims for personal injury, illness or death, including any claims arising from the COVID-19 virus, or from any act or omission of the Restaurant or those for whom the Restaurant is at law responsible arising out of any action whatsoever by the Restaurant, its directors, employees, agents, contractors, invitees or anyone in connection with the Restaurant’s use and occupancy of the Lands or the presence of Temporary Patio on the Lands. This provision shall survive the expiration or earlier termination of this Licence. 32. The Restaurant waives any and all claims against, releases from liability and agrees not to sue the City, its directors, officers, employees, elected officials, agents, contractors and representatives for any personal injury, illness, death or any other loss sustained by the Restaurant or for which the Restaurant may be responsible arising out of, or in connection with the Restaurant’s use and occupancy of the Lands or the presence of the Temporary Patio on the Lands, including any loss arising from the COVID-19 virus. Force Majeure - 704 - 6 33. The City shall not be liable for any damages caused by any delay or failure to perform the whole or any part of this Licence, where such performance is made impossible or impractical due to any cause direct or indirect, beyond the control of the City, including, but not limited to, labour disruptions, strikes, lockouts, fire, flood, storms, acts of nature, natural disasters, acts of war, insurrection and terrorism, outbreak, pandemic, epidemic, disease or emergency. Relationship of Parties 34. Nothing contained herein shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent, landlord and tenant, partnership or of joint venture between the parties, it being understood and agreed that none of the provisions contained herein, nor any of the acts of the parties shall create any relationship between the parties other than that of licensor and licensee as described in this Licence. Commercial Tenancies Act 35. The parties agree that the provisions of the Commercial Tenancies Act DO NOT apply to this Licence between the parties. Notice 36. Any notice or other communication required or permitted to be given hereunder shall be in writing, and shall be sufficiently given if sent by pre-paid registered mail from a post office in Canada addressed in the case of the City to: Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Email: citydev@pickering.ca Attention: Director, City Development & CBO Fax Number: 905.420.7648 and in the case of the Restaurant to: 1550 Kingston Road, Unit 50 Pickering, ON L1V 1C3 Attention: Srikanthan Nadarajah Email: nada.sri@hotmail.com Phone Number: 647.261.2068 Such notice may be given by hand delivery or sent electronically by either party to the other. Any such notice mailed shall be deemed to have been given on the third (3rd) business day following such mailing or, if delivered by hand, shall be deemed to have been given on the day of delivery or, if sent electronically, shall be deemed to have been given on the business day following transmission. In the event of a postal strike or pending postal strike, any or all notices must be given by personal delivery or by electronic means. - 705 - 7 Title 37. The Restaurant hereby agrees to keep title to the Lands, including every part thereof, free and clear of any lien, encumbrance or security interest or notice thereof. The Restaurant shall not enter into any agreements for the Lands which would run with the Lands and become an obligation of the City upon termination or expiration of this Licence. Time 38. In all respects, time shall be of the essence of this Licence. Counterparts 39. This Licence may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same document. The execution of this Licence will not become effective until counterparts hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties. General 40. The City shall have the right to enter the Lands at any time for any reason. 41. The Restaurant agrees to ensure activities are limited to the typical operation of a commercial temporary outdoor patio and will not inhibit in any way the safety and enjoyment of the public or its use of the adjacent public owned lands. 42. The Restaurant shall not alter, add to or vary in any way any part of the Lands without the prior approval of the City. 43. This Licence shall not be assignable by the Restaurant without the consent of the City, which consent may be arbitrarily refused. 44. This Licence shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 45. Schedules “A” and “B” attached to this Licence form part of this Licence. The recitals at the head of this Licence are true and accurate and form a part hereof. 46. No amendment to this Licence shall be effective unless it is in writing and signed by both parties. 47. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. - 706 - 8 48. The headings in this Licence have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope of meaning of this Licence nor any of the provisions hereof. 49. The Restaurant shall not have the right to register this Licence or notice thereof against title to the Lands or any part thereof. In Witness Whereof the City and the Restaurant have executed this Licence as of the date first written above. Big Bite Gourmet Burgers Inc. _____________________________________ Name: Srikanthan Nadarajah Title: Owner _____________________________________ Name: Title: I/We have authority to bind the Corporation. The Corporation of the City of Pickering Dave Ryan, Mayor Susan Cassel, City Clerk - 707 - 9 Schedule “A” Location Map of the Lands Location of temporary patio on City of Pickering lands, known legally as: Valley Farm Road, between King’s Highway No. 2 (aka Kingston Road) & Finch Avenue; being the road allowance between Lots 20 & 21, Concession 1 Pickering Portion of temporary patio on City boulevard adjacent to 1550 Kingston Road, Unit 50 - 708 - 10 Schedule “B” Location Map of the Temporary Patio Temporary Patio Location – Big Bite Grill Municipal boulevard adjacent to 1550 Kingston Road, Unit 50 Road, Pickering - 709 - Location Map Report Number: PLN 33-22 Applicant: Big Bite Gourmet Burgers Inc. Municipal Address: 1550 Kingston Road, Unit 50 Contact The City of Pickering City Development Department for Digital Copies of this Plan.Date: June 16, 2022 Attachment #1 to Report PLN 33-22 - 710 - Report to Council Report Number: PLN 34-22 Date: June 27, 2022 From: Kyle Bentley Director, City Development & CBO Subject: April 25, 2022 Notice of Motion - Reporting of Affordable Housing - Pickering Housing Strategy & Action Plan 2021-2031 - File: D-1300-014 Recommendation: 1. That Report PLN 34-22 of the Director, City Development & CBO, providing a response to Council’s April 25, 2022 Notice of Motion – Reporting of Affordable Housing, be received for information; 2. That Council authorize staff to report to Council, annually, on the results of tracking affordable and rental housing within the City, including existing, approved, and/or pending private rental apartment buildings, through the annual Housing Monitoring Report, in accordance with Action Item 3.7 of the January 24, 2022 Council-approved Pickering Housing Strategy & Action Plan 2021-2031; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Council’s April 25, 2022 Notice of Motion – Reporting of Affordable Housing, requested that staff implement a quarterly reporting mechanism for the tracking of Affordable Housing options within the City of Pickering including condominiums, freehold, rentals and ownership; develop a list of all existing, approved and or pending, private rental apartment buildings; and report back at the June 27, 2022 Council Meeting. Staff have reviewed this request in the context of the Council approved Pickering Housing Strategy & Action Plan 2021-2031 dated December 22, 2021. One of the items in the Action Plan was the preparation of an annual monitoring plan on how well the City is meeting its housing needs. That monitoring plan will update data collected on the adequacy, affordability, and suitability of housing in Pickering. Staff will ensure it includes an updated list of existing, approved, or pending private rental buildings. Staff recommend the reporting interval remain annually, based on municipal best practices, availability of measurable data, and the potential for tracking and distinguishing trends and/or patterns. Financial Implications: There are no financial implications applicable to this report. - 711 - PLN 34-22 June 27, 2022 Subject: April 25, 2022 Notice of Motion - Reporting of Affordable Housing Page 2 Discussion: 1. Background On January 24, 2022, Council approved the Pickering Housing Strategy & Action Plan 2021-2031, December 22, 2021 (Housing Strategy & Action Plan) as per Report PLN 02-22, and authorized staff to implement the actions identified in the plan (Resolution #790/22). The Housing Strategy & Action Plan, and associated reports and information is on the Housing Strategy Study webpage of the City of Pickering website. The Housing Strategy & Action Plan provides a framework for the City to work towards a supply of suitable (as it relates to the size of the household), adequate (as it relates to physical condition), and affordable (as it relates to household income) housing for all ages and abilities within its jurisdiction. This helps to ensure that the City meets its housing needs in support of a diverse population and workforce. In particular, and among other things, Phase 1 of the Housing Strategy Study, collected and examined information and data on the City’s demographic profile, socio-economic characteristics of households and housing stock, and associated trends and forecasts related to housing supply, demand, and affordability. The Phase 1: Research and Gap Analysis Report, March 31, 2021 (the Phase 1 Report), concluded that the City’s current housing stock is not fully addressing the needs of City residents. Key findings of the Phase 1 Report indicated that there is an overall need for housing options for low and moderate income earners, more affordable rental and ownership housing, in a range of unit sizes, and accessible units. The Phase 1 Report is available on the Housing Strategy Study page of the City’s website. The Action Plan, contained in Chapter 5 of the Council-approved Housing Strategy & Action Plan, is a table that lists the actions to address the affordable housing gaps that were identified in Phase 1 of the Housing Strategy Study. Each action is categorized according to the following themes: policy, financial incentives, and other. A timeframe, and estimated cost of implementation, has been identified for each action, as well as the gap the action, identified in Phase 1 of the Housing Strategy Study, is intended to address, and the City department proposed to lead the initiative. 2. April 25, 2022 Notice of Motion – Reporting of Affordable Housing On April 25, 2022, Council resolved that City Development staff: 1. implement a quarterly reporting mechanism for the tracking of Affordable Housing options within the City of Pickering including condominiums, freehold, rentals and ownership; 2. develop a list of all existing, approved and or pending, private rental apartment buildings; and 3. report back at the June 27, 2022 Council Meeting. - 712 - PLN 34-22 June 27, 2022 Subject: April 25, 2022 Notice of Motion - Reporting of Affordable Housing Page 3 Action Item 3.7 of the Council-approved Housing Strategy & Action Plan identifies the creation and preparation of a Housing Monitoring Plan. The goal of the Housing Monitoring Plan is to identify whether or not the goals and objectives of the Housing Strategy are being met, and if any modifications to the Action Plan are necessary. The Housing Monitoring Plan will include tracking affordable and rental housing within the City, including existing, approved and or pending, private rental apartment buildings, to be reported to Council through an annual Housing Monitoring Report. The Housing Strategy & Action Plan identified an annual reporting period based on municipal best practices, availability of measurable and updated data, and the potential for tracking and distinguishing trends and/or patterns. Staff recommend staying with the annual reporting period rather than moving to a quarterly reporting period for the aforementioned reasons. The proposed timeline for the release of the first annual Housing Monitoring Report is the first quarter of 2023. 4. Conclusion On April 25, 2022, Council directed staff to undertake work to implement a quarterly reporting mechanism for the tracking of affordable housing, and report back at the June 27, 2022 Council Meeting. Report PLN 34-22 provides staff’s response and recommends that this report be received for information, and that the reporting interval remain annually, based on municipal best practices, availability of measurable data, and the potential for tracking and distinguishing trends and/or patterns. Attachment: 1. Council’s April 25, 2022 Notice of Motion – Reporting of Affordable Housing - 713 - PLN 34-22 June 27, 2022 Subject: April 25, 2022 Notice of Motion - Reporting of Affordable Housing Page 4 Prepared By: Approved/Endorsed By: Margaret Kish, MCIP, RPP Catherine Rose, MCIP, RPP Principal Planner, Policy Chief Planner Déan Jacobs, MCIP, RPP Kyle Bentley, P. Eng. Manager, Policy & Geomatics Director, City Development & CBO MK:jc Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Original Signed ByOriginal Signed By Original Signed By Original Signed By - 714 - Notice of Motion Reporting of Affordable Housing Date: April 25, 2022 Moved By: Councillor Brenner Signature: Seconded By: Councillor McLean Signature: WHEREAS: the City of Pickering Council adopted an Affordable Housing Strategy including an affordability housing function within the Planning and Development Department; And Whereas, an affordable housing strategy must ensure a range of housing forms consistent with the Provincial Housing Policy, including rentals and ownership; Now therefore be it resolved that the Council of the Corporation of the City of Pickering directs: 1.That the Director, City Development Department through the Office of the CAO, implement a quarterly reporting mechanism for the tracking of Affordable Housing options within the City of Pickering including condominiums, freehold, rentals and ownership; 2.That the Director, City Development Department through the Office of the CAO, develops a list of all existing, approved and or pending private rental apartment buildings; 3.That the Director, City Development Department report back at the June 27th Council Meeting. Attachment #1 to Report PLN 34-22 - 715 - Memo To: Susan Cassel June 22, 2022 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Planner II Subject: Amending By-law for Zoning By-law Amendment Application A 08/21 (R1) Tribute (Liverpool) Limited Northwest corner of Highway 401 and Liverpool Road Part of Lot 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R-27540, and Parts 2 and 3 40R-30718 Amending By-law 7948/22 Statutory Public Meeting Date Original Proposal: October 4, 2021 Revised Proposal: April 4, 2022 Planning & Development Committee Date June 6, 2022 Purpose and Effect of By-law To permit a high-density, mixed-use development, consisting of 3 residential towers having heights of 46, 49, and 53 storeys, containing a total of 1,779 units and 1,155 square metres of commercial space at grade, located at the northwest corner of Highway 401 and Liverpool Road. Council Meeting Date June 27, 2022 Note On June 6, 2022, the Planning & Development Committee endorsed staff’s recommendation that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 29-22, be finalized and forwarded to Council for enactment. No changes have been made to the By-law. Original Signed By Catherine Rose IL:ld J:\Documents\Development\D-3300\2021\A 08-21(R1) - Tribute (Liverpool) Limited\12. By-law Attachments By-law Text Schedules I & II - 716 - The Corporation of the City of Pickering By-law No. 7948/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R-27540, and Parts 2 and 3 40R-30718, in the City of Pickering (A 08/21 (R1)) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a high-density, mixed-use development on lands being Part of Lot 23, Concession 1, Parts 3 to 16 40R-21642, Part 2 40R-27540, and Parts 2 and 3 40R-30718, City of Pickering; And whereas an amendment to By-law 7553/17, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule 2, Land Use Categories, of Zoning By-law 7553/17, as amended, is further amended by rezoning the lands depicted on Schedule I to this By-law from City Centre One (CC1) to Open Space (OS). 2. Section 6, Exceptions, and Schedule 7 of Zoning By-law 7553/17, as amended, is further amended by adding a new Exception E18 as follows: 6.18.1 Zone Provisions The following regulations apply: a) For the purpose of calculating Floor Space Index (FSI) for Section 4.2 a) and Schedule 3 related to minimum FSI, the area illustrated with diagonal hatching on Figure 6.18.2 (a) shall be considered a lot. b) Notwithstanding Section 4.2 b) ii) and Schedule 5, related to Maximum Building Height, the height of a building or structure wholly located within the area identified by the dashed lines as shown on Figure 6.18.2 (b) is specified by the number following the HT symbol as shown on Figure 6.18.2 (b). c) Notwithstanding Section 4.2 j) i) and ii) related to Minimum Main Wall Stepback for Buildings greater than 37.5 metres and buildings equal to and greater than 73.5 metres, the minimum main wall stepback shall not apply. d) Notwithstanding Section 4.2 f) ii) related to Podium Requirements for Buildings greater than 37.5 metres, the following building elements may exceed the maximum podium height: i) equipment used for the functional operation of the building and structures including electrical, utility, mechanical and ventilation equipment, enclosed stairwells roof access, maintenance equipment storage, chimneys, vents, and window washing equipment; ii) architectural features, parapets, elements and structures associated with a green roof; - 717 - By-law No. 7948/22 Page 2 iii) planters, landscaping features, guard rails, divider screens on a balcony and/or terrace; and iv) trellises, pergolas and unenclosed structures providing safety or wind/noise protection to rooftop amenity space. e) Notwithstanding Section 3.9 b) and e) related to Bicycle Parking Space Requirements, the required bicycle parking spaces may be stacked bicycle parking spaces, subject to the following dimensions: i) a minimum length of 1.8 metres and a minimum width of 0.45 metres. 6.18.2 Special Site Figures Figure 6.18.2 (a) Figure 6.18.2 (b) - 718 - By-law No. 7948/22 Page 3 3. Schedule 7, Exceptions, of Zoning By-law 7553/17, as amended, is further amended by adding an E18 notation as depicted on Schedule II to this By-law. 4. That By-law 7553/17, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7553/17, as amended. 5. That this By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 27th day of June, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 719 - Highway 40 1 Li v e r p o o l R o a d Pickering Parkway Kingst o n R o a d N Clerk Mayor Schedule I to By-Law Passed This Day of 7948/22 27th June 2022 CC1 to OS CC1 - 720 - Highway 40 1 Li v e r p o o l R o a d Pickering Parkway Kingst o n R o a d Clerk Mayor N 7948/22Schedule II to By-Law Passed This 27th Day of June 2022 E18 - 721 - Memo To: Mayor Ryan June 27, 2022 Members of Council From: Susan Cassel City Clerk Copy: Chief Administrative Officer Director, Corporate Services & City Solicitor Deputy Clerk Subject: By-law to establish the 2022-2026 Municipal Election Joint Compliance Audit Committee and Appoint a Roster of Individuals to serve on the Committee File: A-1400 At its Meeting held on February 28, 2022, through Resolution #818/22, Council approved the establishment of the 2022 Municipal Election Joint Compliance Audit Committee (the “Committee”), along with the Committee’s Terms of Reference, and authorized the City Clerk to recruit and bring forward a by-law for the remuneration and appointment of a roster of individuals to serve on the Committee. Since the February 28th Council Meeting, a joint recruitment process was undertaken by the Region of Durham and participating lower tier municipalities (the “Participating Bodies”). The recruitment consisted of an application process and individual interviews for qualified candidates. A total of 20 applications were received and of those 20 applications, 12 candidates were interviewed. The attached By-law represents the roster of individuals, as agreed upon by all Participating Bodies, which is being presented to Council for enactment. In accordance with the approved Terms of Reference for the Committee, all Participating Bodies are bringing forward the same roster of names for appointment to their respective Municipal Councils. Upon enactment of the attached By-law, the 2022 Municipal Election Joint Compliance Audit Committee is deemed to be established in accordance with the Municipal Elections Act. Thank you, Susan Cassel City Clerk Attachment: Draft By-law No. 7949/22 - 722 - The Corporation of the City of Pickering By-law No. 7949/22 Being a by-law to establish the 2022-2026 Municipal Election Joint Compliance Audit Committee and appoint a roster of individuals to serve on the Committee Whereas Section 88.37 of the Municipal Elections Act, 1996, S.O. 1996, c. 32 (the “Act”), requires a council or local board to establish a compliance audit committee before October 1 of an election year; And Whereas at its Meeting held on February 28, 2022, through Resolution #818/22, Council approved the establishment of a 2022 Municipal Election Joint Compliance Audit Committee (the “Committee”), the Committee’s Terms of Reference, and authorized the City Clerk to recruit and bring forward a by-law for the remuneration and appointment of a roster of individuals to serve on the Committee; And Whereas a joint recruitment process was undertaken by the Region of Durham and the Participating Bodies in accordance with the approved Terms of Reference for the Committee; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That a Municipal Election Joint Compliance Audit Committee is hereby established in accordance with the Act for the 2022-2026 Term of Council; 2. That the following individuals are hereby appointed to the roster of members for the Committee, at least three (3) of whom shall be selected to deal with each compliance audit application, or report of the Clerk, in accordance with the approved Terms of Reference set out in Schedule “A” attached hereto and forming part of this By-law: • Richard Austin • Joe Brown • Kalli Chapman • Gary Cohn • Kelly Gravelle • Paul Jones • Sachin Persaud 3. That the remuneration of each Committee Roster Member be set at a $400.00 retainer fee (with such costs being shared equally amongst the Participating Bodies), and a fee of $350.00 per meeting attended for each Committee Member, plus mileage, in accordance with the rate normally paid to employees of the City of Pickering; 4. That By-laws 7055/10 and 7350/14 are hereby repealed; and, 5. That this By-law shall come into force and effect on the date of passage. - 723 - By-law No. 7949/22 Page 2 By-law passed this 27th day of June, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 724 - 1 2022 Municipal & School Board Election Joint Compliance Audit Committee Terms of Reference Name: The name of the Committee is the “2022 Municipal & School Board Election Joint Compliance Audit Committee” (“the Committee”). Definitions: Clerk means the Clerk or secretary of the Participating Body, or their designate. Participating Bodies means the Town of Ajax, Regional Municipality of Durham, City of Oshawa, City of Pickering, Town of Whitby, and the Durham District School Board. Mandate: The Committee is established pursuant to the requirements of section 88.37 of the Municipal Elections Act, 1996, S.O., 1996, c. 32, as amended (“the Act”) for the Participating Bodies. The powers and functions of the Committee are set out in section 88.33 to 88.37 of the Act. Term of Committee: The term of appointment for the Committee shall be concurrent with the term of office of the council or local board elected in 2022, and shall therefore serve for four (4) years commencing on November 15, 2022 and concluding on November 14, 2026 or until such time the applicable Committee has disposed of any remaining matters in accordance with the Act, whichever is later. Composition: When a compliance audit application from an elector or a report from the Clerk indicating a candidate or registered third party has contravened any of the contribution limits under section 88.9 of the Act is received, the Committee comprised of three (3) members shall meet and consider the application and/or report in accordance with the Act. Members forming the Committee shall be selected by the Clerk from a roster of qualified individuals, who have been jointly recruited by the Clerks of the Participating Bodies. The following persons are ineligible for appointment: •Employees or officers of any of the Participating Bodies; •A member of council or of a local board of any of the Participating Bodies; Schedule "A" to By-law 7949/22 - 725 - 2 •Any persons who are candidates in an election of any of the Participating Bodies for which the Committee is established; or, •Any persons who are registered third parties in an election of any of the Participating Bodies for which the Committee is established. Should an appointed Committee Member accept employment with any of the Participating Bodies or register as a candidate or a third party with any of the Participating Bodies, they will have been deemed to have resigned. All Committee Members shall agree in writing that they will not work or volunteer for, or contribute to, any candidate or registered third party in any capacity in an election of any of the Participating Bodies. If a person on the roster to serve on the Committee is identified as having participated or contributed to a candidate's campaign or registered third party, that person shall not be eligible to be selected as a Member with respect to a Compliance Audit Committee application within the applicable Participating Body where the participation or contribution to a campaign or registered third party occurred. Conduct of Members: Members of the Committee shall comply and conduct themselves in accordance with the Joint Compliance Audit Committee Administrative Practices and Procedures for the Participating Bodies. Members shall not use their position on the Committee for any personal or political gain. Remuneration: Remuneration will be as follows: •$400.00 retainer fee (costs will be shared equally by the Participating Bodies) for those individuals on the roster. The retainer fee shall cover attendance at a mandatory training session and review of periodic updates or information supplied by the Clerk of any of the Participating Bodies. Payment of the retainer fee does not denote membership on a Committee and covers the four (4) year term; and, •$350.00 per meeting attended, plus mileage in accordance with the rate normally paid to employees of the applicable Participating Body. The per meeting rate shall cover review of background or agenda materials as required in preparation for a meeting. Membership Selection: At a minimum, the recruitment of persons to be included on the roster of individuals shall be advertised in a local newspaper having general circulation and on the websites of the Participating Bodies. Other recruitment measures may be initiated by the Clerks of the Participating Bodies. - 726 - 3 All applicants will be required to complete an application and may be subject to further screening and an interview. The selection process will be determined by the Clerks of the Participating Bodies. Applicants must have the ability to understand and apply the election campaign finance provisions of the Act and must remain impartial in order to fulfill their responsibilities. Preference will be given to candidates that have experience related to compliance audit activities or investigative or adjudicative processes. The following criteria will be considered when appointing members: •Demonstrated knowledge and understanding of municipal election campaign financing rules; •Proven analytical and decision-making skills; •Experience working on committees, boards, adjudicative bodies, task forces or similar settings; •Experience in accounting and audit, law, law enforcement, academics, or municipal administration from related fields; •Demonstrated knowledge of quasi-judicial proceedings; •Availability and willingness to attend meetings; and, •Excellent oral and written communication skills. Meetings: Meetings will occur as needed and shall be conducted in accordance with the Joint Compliance Audit Committee Administrative Practices and Procedures for the Participating Bodies. Chair: At the first meeting of a Compliance Audit Committee on a particular report or application, the members shall appoint one member to act as Chair for the duration of the Committee’s deliberations on those matters on the agenda. The Chair shall retain the role for all matters on the agenda at a meeting. Role of Clerk: The Clerk will act as the main contact between the Committee, compliance audit applicant, candidate and registered third party. In accordance with section 88.37 (6) of the Act, the Clerk shall carry out any duties required under the Act to implement the Committee’s decisions. - 727 - Memo To: Susan Cassel City Clerk June 20, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO (Acting) Division Head, Water Resources & Development Services Subject: Request for Road Establishing By-law -Part of Lot 24 Concession 5, being Part 1, 40R-31225 and Part 1, 40R-31203 (Kubota Drive) File: Roadded.608 The City acquired Part of Lot 24, Concession 5, being Part 1, 40R-31225 from Infrastructure Ontario on March 29, 2022 for road purposes. Part Lot 24, Concession 5, being Part 1, 40R-31203 was acquired through conditions of a Site Plan Control Agreement on March 31, 2022. It is recommended that Council enact the attached by-law to establish Part 1, 40R-31225 and Part 1, 40R-31203 as public highway. Attached is a location map and the draft by-law for the consideration of City Council at is meeting scheduled for June 27, 2022. PB:ca Attachments -C¾of- Pl(KERlNG - 728 - S i d e l i n e 2 4 Kubota Drive 1:2,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; PN-6 City Development Department Location Map File:Applicant: Property Description:ROADDED 608 City of Pickering Part 1, 40R-31203 and Part 1, 40R-31225 THIS IS NOT A PLAN OF SURVEY. Date: May. 25, 2022 Part 1,40R-31203 (Kubota) Part 1,40R-31225 -~cf- P1CKER1NG I - 729 - The Corporation of the City of Pickering By-law No. 7950/22 Being a by-law to establish Part Lot 24, Concession 5, being Part 1, Plan 40R-31225 and Part 1, Plan 40R- 31203 as public highway. Whereas The Corporation of the City of Pickering is the owner of Part Lot 24, Concession 5, being Part 1, Plan 40R-31225 and Part 1, Plan 40R-31203, and wishes to establish it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Part Lot 24, Concession 5, being Part 1, Plan 40R-31225 and Part 1, Plan 40R- 31203 is hereby established as public highway (Kubota Drive). By-law passed this 27th day of June, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 730 -