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September 20, 2022
Council Meeting Agenda September 20, 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. 6:30 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, June 27, 2022 (Confidential In Camera Council Minutes, June 27, 2022, provided under separate cover) 1 Special Council Minutes, July 11, 2022 - 8:30 a.m. (Confidential In Camera Special Council Minutes, July 11, 2022 - 8:30 a.m., provided under separate cover) 37 Special Council Minutes, July 11, 2022 - 2:00 p.m.42 Special Council Minutes, August 18, 2022 55 Executive Committee Minutes, September 6, 2022 61 Planning & Development Committee Minutes, September 6, 2022 74 6.Presentations 7.Delegations 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 Council Meeting Agenda September 20, 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 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 Nareshkumar Ganeshan (In Person) Re: Concerns Regarding Construction at 347 Finch Avenue 7.2 Helen Chu (In Person) Re: Concerns Regarding Construction at 347 Finch Avenue 7.3 Brad Reynolds (In Person) Re: Concerns Regarding Construction at 347 Finch Avenue 7.4 Anne MacIsaac (Virtual) Re: Waterfront Permit Parking Concerns 7.5 Stefan Malowany (In Person) Re: Corr. 32-22 Stefan Melowany Re: Pike Court Resident’s Petition Requesting that the City not Install Sidewalks 8. Correspondence 8.1 Corr. 30-22 89 Kevin Narraway, Sr. Manager, Legislative Services/Deputy Clerk, Town of Whitby Re: Backyard Swimming Lessons Recommendation: That Corr. 30-22, from Kevin Narraway, Sr. Manager, Legislative Services/Deputy Clerk, Town of Whitby, dated June 24, 2022, regarding Backyard Swimming Lessons be endorsed. 8.2 Corr. 31-22 91 Paul Dubé, Ombudsman of Ontario Re: Closed Meeting Complaint Recommendation: Council Meeting Agenda September 20, 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. 31-22, from Paul Dubé, Ombudsman of Ontario, dated August 31, 2022, regarding a Closed Meeting Complaint be received for information. 8.3 Corr. 32-22 95 Steven Malowany Re: Pike Court Resident’s Petition Requesting that the City not Install Sidewalks Recommendation: 1.That Corr. 32-22 from Steven Malowany, regarding Pike Court Resident’s Petition Requesting that the City not Install Sidewalks be received; and, 2.That the appropriate staff, through the Office of the CAO, be directed to review and take required steps to remove the planned sidewalk on Pike Court. 9.Report EC 07-22 of the Executive Committee held on September 6, 2022 Refer to Executive Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report BYL 04-22 1 Electric Kick Scooter By-law Recommendation: 1.That the draft Electric Kick Scooter By-law (Attachment No. 1 to this Report) be received; 2.That staff be directed to proceed with a public consultation to obtain feedback from residents regarding the attached By-law; 3.That staff be directed to report back to Council in February, 2023 with the results of the public consultation and any recommended revisions to the attached By-law; and, Council Meeting Agenda September 20, 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 appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. 9.2 Director, Corporate Services & City Solicitor, Report BYL 05-22 8 Return of Toys for Tickets/Food for Fines Holiday Parking Fine Program Recommendation: 1. That parking tickets issued between Monday, November 28 through Wednesday, December 21, 2022 be eligible for the Toys for Tickets/Food for Fines program; 2. That the Toys for Tickets/Food for Fines program be implemented from November 28 through December 21, 2022; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.3 Chief Administrative Officer, Report CAO 14-22 10 Consulting Services for the Digital Readiness Assessment and Strategy Recommendation: 1. That the proposal submitted by MNP Digital Inc. dated April 13, 2022 in response to RFP 2022-2, regarding the selection of a consultant to provide a Corporate Digital Readiness Assessment and Strategy, be accepted in principle, with the final terms and conditions of the contract to be satisfactory to the Chief Administrative Officer and Director, Finance & Treasurer; 2. That Council authorize the Director, Finance & Treasurer to finance the gross project cost of $179,670 (HST included) and the net project cost of $161,798 (net of HST), as approved in the 2022 Current Budget; and, 3. That the appropriate City of Pickering officials be authorized to enter into any agreements to give effect hereto, and take the necessary actions as indicated in this report. Council Meeting Agenda September 20, 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 9.4 Director, Corporate Services & City Solicitor, Report CLK 05-22 65 2023 Committee and Council Meeting Schedule Recommendation: 1. That the 2023 Committee and Council Meeting Schedule appended as Attachment No. 1 to Report CLK 05-22 be approved; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.5 Director, Corporate Services & City Solicitor, Report CLK 06-22 68 2022 Municipal Election Update Information Report Recommendation: That Report CLK 06-22 regarding the 2022 Municipal Election, be received for information. 9.6 Director, Community Services, Report CS 19-22 73 Community Safety and Well-Being Plan Update Recommendation: 1. That Report CS 19-22 regarding the update on the Community Safety and Well-Being Plan, be received for information; 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 9.7 Director, Community Services, Report CS 20-22 125 City of Pickering Volunteer Program Update 2021/2022 Activities Recommendation: 1. That Report CS 20-22, regarding the City of Pickering Volunteer Program Update, be received for information; and, Council Meeting Agenda September 20, 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 officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.8 Director, Community Services, Report CS 21-22 129 Cultural Advisory Committee Updated Terms of Reference Recommendation: 1. That Council endorse the updated Terms of Reference for the Cultural Advisory Committee, as set out in Attachment 1; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.9 Director, Engineering Services, Report ENG 20-22 133 Proposed All-way Stop Tillings Road and Zents Drive Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “6” and 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 Tillings Road and Zents Drive; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.10 Fire Chief, Report FIR 04-22 139 Power Outage Event Debrief, Action Plan & Next Steps with Elexicon Energy Recommendation: That Report FIR 04-22, regarding a summary of key findings, recommendations, and strategies from a debrief meeting with Elexicon Energy highlighting an Action Plan and Next Steps following the power outage event of May 2022, be received for information. Council Meeting Agenda September 20, 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 9.11 Director, Corporate Services & City Solicitor, Report LEG 16-22 142 Claremont Estates Ontario Inc. – Plan of Subdivision 40M-2143 - Final Assumption of Plan of Subdivision - Lots 1 to 15 and Block 16, Plan 40M-2143 - Carpenter Court Recommendation: 1. That works and services required by the Subdivision Agreement within Plan 40M-2143, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That Claremont Estates Ontario Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M-2143; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 9.12 Director, City Development & CBO, Report PLN 38-22 145 Pickering Integrated Sustainable Design Standards City of Pickering Recommendation: 1. That Council adopt the Pickering Integrated Sustainable Design Standards: Low-Rise Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of less than four storeys and a minimum of five dwelling units, as set out in Appendix I to Report PLN 38-22, save and except that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “Require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable Council Meeting Agenda September 20, 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 of providing Level 2 or higher charging for the resident parking spaces; or Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 2. That Council adopt the Pickering Integrated Sustainable Design Standards: Mid to High Rise Residential & Non-Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of residential buildings of four storeys and higher, and all Industrial, Commercial and Institutional buildings, as set out in Appendix II to Report PLN 38-22, save and except that Number LN7, Common Outdoor Amenity Space, Tier 1 Mandatory provision be amended to read as follows: “For residential buildings with 20 or more dwelling units, provide 4.0 square metres of common outdoor amenity space per dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location). Where lot areas are constrained in some cases, flexibility on providing the common outdoor amenity space requirement may be provided at the discretion of the Director, City Development.” And, that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “For multi residential buildings, require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces; or Council Meeting Agenda September 20, 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 Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 3. That Council require all Site Plan and Plan of Subdivision Applications, for the type and scale of development referenced in Recommendations 1 and 2 above, that are deemed complete on or after January 1, 2023, to meet Tier 1 – Mandatory Performance Criteria as outlined in the Pickering Integrated Sustainable Design Standards Checklists; 4. That Council direct staff to: a. initiate an amendment to the Pickering Official Plan to add new policies that support the Pickering Integrated Sustainable Design Standards; b. add provisions to the City’s Draft Comprehensive Zoning By-law that support the Pickering Integrated Sustainable Design Standards; c. identify any additional staff resources, and cost recovery mechanisms, necessary to implement and enforce the ISDS, for inclusion within the proposed 2023 budget; d. review the Pickering Integrated Sustainable Design Standards every four years to reflect Ontario Building Code revisions, updated industry standards and climate science, and changing market demands; and, e. report back to Council on a proposed non-financial incentive strategy that supports the Pickering Integrated Sustainable Design Standards by the end of 2023; 5. That Report PLN 38-22 of the Director, City Development & CBO, which responds to Council Resolution #914/22 regarding a green roof by-law, be received for information; and, 6. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda September 20, 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 10. Report PD 07-22 of the Planning & Development Committee held on September 6, 2022 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 35-22 30 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Recommendation: That Zoning By-law Amendment Application A 07/21, submitted by KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc., to expand the list of permitted uses on the lands municipally known as 1695 Bayly Street, be approved, subject to the recommended zoning provisions contained in Appendix I to Report PLN 35-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. 10.2 Director, City Development & CBO, Report PLN 36-22 48 Comprehensive Zoning By-law Review Phase 2, First Draft of the Zoning By-law and Community Engagement Recommendation: That Report PLN 36-22 of the Director, City Development & CBO, providing a discussion on the first draft of the City of Pickering Comprehensive Zoning By-law and community engagement, be received for information. 10.3 Director, City Development & CBO, Report PLN 37-22 58 Kingston Mixed Corridor and Brock Mixed Node Intensification Areas - City Initiated Zoning By-law Amendment Engagement Strategy Recommendation: 1. That Council authorize staff to undertake the Engagement Strategy for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Zoning By-law Amendment, as generally outlined in Report PLN 37-22; and, Council Meeting Agenda September 20, 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 as indicated in this report. 10.4 Director, City Development & CBO, Report PLN 39-22 65 Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5 Seaton Community Recommendation: 1. That Draft Plan of Subdivision Application SP-2015-03 (R), submitted by Seaton TFPM Inc., on lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, to establish a plan of subdivision consisting of blocks for prestige employment uses, residential uses for approximately 2,205 dwelling units, mixed-uses, community uses, parks, open spaces, stormwater management facilities, and public roads as shown on Attachments #7 and #8 to Report PLN 39-22, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Draft Plan of Subdivision SP-2015-03 (R) on lands being Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5, be approved subject to the provisions contained in Appendix II to Report PLN 39-22, 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 applications for draft plan of subdivision, site plan approval, and building permits, submitted by Seaton TFPM Inc., for the lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Council Meeting Agenda September 20, 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 10.5 Director, City Development & CBO, Report PLN 40-22 114 Envision Durham – Implementing the Provincial Agricultural System The Region of Durham Municipal Comprehensive Review Recommendation: 1. That Council endorse the Staff comments contained in Appendix I to Report PLN 40-22 as the City’s formal comments on the draft Regional Agricultural System mapping, in relation to the lands in the City of Pickering, reflected in Attachments #5 and #7 to the Commissioner of Planning & Economic Development’s Report 2022-P-16, and that the Region investigate the following matters as part of finalizing the mapping and associated policies for the new Regional Official Plan: a. Whether the proposed Prime Agricultural Areas designation with a proposed Natural Heritage System Overlay, on the Agricultural Preserve lands, conforms with the Central Pickering Development Plan Natural Heritage System – Primary Designation along the West Duffins Creek Valley; b. Whether the proposed Prime Agricultural Areas overlay designation provides appropriate protection for Natural Core Areas on the Oak Ridges Moraine; c. Whether there is an appropriate level of protection for key hydrologic features, such as wetlands, against unwanted farm practices, on lands that are proposed to be re-designated Prime Agricultural Area; d. That the proposed re-designation of lands, from Major Open Space to Prime Agricultural Areas, that have significant natural heritage and hydrologic features (e.g., wetlands complexes), and are located between Greenwood and Lake Ridge Road, be reconsidered; 2. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as “E3” on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan; Council Meeting Agenda September 20, 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 3. That a copy of Council’s Resolution and Report PLN 40-22 be forwarded to the Region for consideration; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10.6 Director, City Development & CBO, Report PLN 41-22 146 Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) Recommendation: That Zoning By-law Amendment Application A 10/21, submitted by 1023343 Ontario Inc., to rezone a portion of the property from ORM-R5 to ORM-C2 and to establish a site-specific exception to permit a detached dwelling on the lot, be approved, and that the draft Zoning By- law Amendment, as set out in Appendix I to Report PLN 41-22, be finalized and forwarded to Council for enactment, following the applicant entering into an encroachment agreement, or other agreements as may be required by the Region of Durham or City of Pickering, for the existing deck. 10.7 Director, City Development & CBO, Report PLN 43-22 163 Request for an Amendment to By-law 2091, being a By-law to Designate an area of Subdivision Control over Registered Plans, under the Planning Act - Estate of Norman Keith Ward - 1930 Ninth Concession Road - Part of Lots 6 and 7, Plan 424 Recommendation: 1. That the request by Kelly Ward, Executor of the Estate of Norman Keith Ward, to amend the By-law 2091, (which deemed the lots within Registered Plan 424 not to be within a registered plan of subdivision for the purposes of conveyance), by deleting the reference to Lots 6 and 7 of Plan 424, such that each parcel may be sold separately, be supported; Council Meeting Agenda September 20, 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 draft amending By-law to amend By-law 2091 be finalized, and forwarded to Council for enactment; 3. That a copy of this Report, Council’s resolution and the By-law to amend By-law 2091, be forwarded to Kelly Ward, and to the Regional Municipality of Durham; and, 4. That the appropriate staff of the City of Pickering be authorized to give effect thereto, including removing By-law 2091 from title of the subject lands. 11. Reports – New and Unfinished Business 11.1 Chief Administrative Officer, Report CAO 15-22 96 Approval of “Reaching Higher: University & College Prep and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce Recommendation: 1. That Council approve the Pickering Anti-Black Racism Taskforce- led initiatives for the remainder of 2022, as 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. 11.2 Director, Engineering Services, Report ENG 21-22 101 Road Servicing Agreement with Tribute (Liverpool) Limited - Walnut Lane Extension – Design Component Recommendation: 1. That the City of Pickering enter into a Road Servicing Agreement with Tribute (Liverpool) Limited to facilitate the design and approvals for the construction of the Walnut Lane extension between Kingston Road and Liverpool Road; Council Meeting Agenda September 20, 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 Mayor and City Clerk are hereby authorized to execute the Road Servicing Agreement between the City of Pickering and Tribute (Liverpool) Limited in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor; 3. That Council authorize the Director, Finance & Treasurer to finance the gross project cost of $727,381.00 (HST included) and net project cost of $655,029.00 (net of HST rebate) as outlined in the Road Servicing Agreement as follows: a) the sum of $163,757.00 to be funded from the City’s DC Share Reserve; b) the sum of $491,272.00 to be funded from the Development Charges Transportation Reserve Fund; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 11.3 Director, Engineering Services, Report ENG 22-22 123 Bell Fibre To The Home Project - Locate Services Agreement Recommendation: 1. That the City of Pickering enter into a Locate Services Agreement with Promark-Telecon Inc. and Bell Canada to facilitate timely underground locates of streetlight infrastructure related to the Bell Fibre To The Home project; 2. That the Mayor and City Clerk be authorized to execute the Locate Services Agreement between the City of Pickering, Promark- Telecon Inc., and Bell Canada in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Council Meeting Agenda September 20, 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 11.4 Director, City Development & CBO, Report PLN 44-22 135 Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Lots 297 to 300 and Block 476 within Plan 40M-2734 Recommendation: That Zoning By-law Amendment Application A 06/22, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule within Zoning By-law 7364/14, as amended, to switch the location of the Low Density Residential (LD1) zone and the Open Space (OS) zone boundaries, to reflect the relocation of a village green and residential lots, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 44-22, be enacted. 11.5 Director, City Development & CBO, Report PLN 45-22 153 Demolition Application Caplink Limited 815 Highway 7 Associated Applications: Draft Plan of Subdivision SP-2022-02 and Zoning By-law Amendment A 04/22 Recommendation: 1. That Council does not object to the Demolition Application, submitted by Caplink Limited, to demolish two barns and two silos located at 815 Highway 7, subject to the following conditions: a. that the materials from Barns 1 and 2, and Silo 1, be salvaged and reused, as outlined in Table 7-1 of Cultural Heritage Resources Documentation Report, 815 Highway 7, prepared by WSP, dated August 22, 2022; b. that the salvaged materials be stored in a covered and secured location; c. that salvaged elements be incorporated into the proposed development with interpretation; and, d. that if the salvaged materials cannot be incorporated into the proposed development, the Owner will make best efforts to Council Meeting Agenda September 20, 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 donate to a public body such as the City of Pickering, Pickering Museum Village, Black Creek Pioneer Village etc.; and deliver at the Owner’s cost, as deemed reasonably fit by the parties; and, 2. That the City of Pickering Municipal Heritage Register be updated to record the demolition of the two barns and two silos for lands located at 815 Highway 7. 12. Motions and Notice of Motions 12.1 Support for Autism Community Moved by Councillor Butt Seconded by Councillor Pickles WHEREAS an Autism Spectrum Disorder (ASD) diagnosis is a neurodiverse condition that applies to an estimated 135,000 Ontarians, characterized by differences in the way that the individual communicates and relates to the world around them. As the word “spectrum” suggests, ASD impacts and challenges each individual differently, and in some cases includes co-occurring health concerns; And Whereas specifically, once a person turns 18, they typically lose access to most ASD government funding and services, which are largely geared toward children. Some of the most significant gaps in supports include long wait times and inaccessible or unaffordable respite care and housing. A group home setting can offer 24-hour care, firm routine, access to social workers and other care providers, as well as appropriate supervision for social interactions and outings that working parents simply cannot provide. The need for appropriate and timely care has been highlighted and exacerbated by the Covid-19 pandemic; And Whereas over 14,000 individuals (and growing) with ASD are on waitlists for affordable housing, and individuals receiving funding from the Ontario Disability Support Program (ODSP) do not receive enough money to sustain access to private group home accommodations. The maximum single rate for ODSP in 2020 was $1,169/month ($14,028), compared to the cost of private group home living at $90,000/year, and parents are often financially unable to bridge the gap while providing necessities for themselves and other family members; Council Meeting Agenda September 20, 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 Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Calls on the Province of Ontario to increase the supply of affordable, supportive housing and respite care options for both children and adults diagnosed with Autism Spectrum Disorder, equipped with access to wrap-around services, and prioritized by need; 2. Requests that the Province of Ontario consider increasing the Ontario Disability Support Program allocations to provide individuals and families with more housing options for adults with Autism Spectrum Disorder; 3. Calls on the Federal government to expedite the development of a National Autism Strategy; and, 4. That a copy of this resolution be distributed to the Hon. Doug Ford, Premier of Ontario, the Hon. Peter Bethlenfalvy, MPP for Pickering- Uxbridge, all Durham Region MPPs, Chair John Henry, Region of Durham, all Durham Region municipalities, all Durham Region MPs, and Prime Minister Justin Trudeau. 13. By-laws 13.1 By-law 7961/22 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 4.9 Report ENG 20-22, page 137 of the Executive Committee Agenda] 13.2 By-law 7962/22 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for land at Part Lots 17 to 19, Concession 4, Part Lots 19 to 20, Concession 5, City of Pickering (A 05/15 (R)). (Seaton TFPM Inc.) [Refer to Item 5.4 Report PLN 39-22, page 101 of the Planning & Development Committee Agenda] Council Meeting Agenda September 20, 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 13.3 By-law 7963/22 Being a by-law to repeal Section 2 of By-law 2091, as otherwise amended, insofar as it applies to Lots 6 & 7 of Registered Plan 424 described as forming Part of Lot 16, Concession 9, in the former Township of Pickering, now in the City of Pickering. (Estate of Norman Keith Ward) [Refer to Item 5.8 Report PLN 43-22, page 169 of the Planning & Development Committee Agenda] 13.4 By-law 7964/22 139 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 4, Now 40R-24146, Part 5; and now Lots 297 to 300 and Block 476 within Plan 40M-2734 (A 06/22). (Mattamy (Seaton) Limited) [Refer to Item 11.4 Report PLN 44-22] 13.5 By-law 7965/22 248 Being a by-law to appoint Andre Corbett, Darien Wheeler, Melanie Kyriakou, Sydney LaBarrie and Robert Mackay as Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of The Corporation of the City of Pickering. 13.6 By-law 7966/22 250 Being a By-law to amend Restricted Area Zoning By-law 3037, as amended by By-law 6640/06, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 17 and 18, Concession 9, Lots 32,47 and 48 and Part of Lot 31, Plan 12 (A 09/90(R) and A 17/90(R)). By-law approved by Ontario Land Tribunal decision OLT-22-002250 – no action required. By-law being assigned a number for record- keeping purposes in accordance with the Tribunal Order. 13.7 By-law 7967/22 287 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors. Council Meeting Agenda September 20, 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 13.8 By-law 7968/22 291 Being a by-law to exempt Block 1, Plan 40M-2708, Pickering, from the part lot control provisions of the Planning Act. 13.9 By-law 7969/22 295 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 19, Concession 3 South and Part 1, 40R-2583, City of Pickering (A 12/17(R), SP-2020-03, CP-2020-03). (Brock Dersan Developments Inc.) 14. Confidential Council – Public Report 15. Other Business 16. Confirmation By-law 17. Adjournment Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 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 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 V. Plouffe -Manager, Facilities Capital Projects R. Perera -Deputy Clerk N.Zahoor -Transportation Engineer L. Arshad -Senior Economic Development Officer K. Ashe 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. 2.Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. - 1 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 4.Disclosure of Interest 4.1 Councillor McLean declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Item 8.4, Corr. 29-22, Heritage Pickering Advisory Committee 2021 Year End Report and 2022 Workplan, as his son owns a heritage property included in the Committee’s Year End Report to Council. Councillor McLean did not take part in the discussion or vote on this matter. 5.Adoption of Minutes Resolution #928/22 Moved by Councillor Pickles Seconded by Councillor Brenner Council Minutes, May 24, 2022 Executive Committee Minutes, June 6, 2022 Special Council Minutes, June 6, 2022 Planning & Development Committee Minutes, June 6, 2022 Special Council Minutes, June 20, 2022 Carried 6.Presentations 6.1 Colin Thomson, Commodore Ivan Barsby, Vice Commodore Gary Endicott, Past Commodore PARA Marine Search & Rescue Re: Presentation to Councillor McLean in Recognition of his Tenure as Chair of PARA Marine Search and Rescue Colin Thomson, Commodore, and Ivan Barsby, Vice Commodore, PARA Marine Search & Rescue, appeared before Council to present a gift to Councillor McLean in recognition of his tenure as Chair of PARA Marine Search and Rescue. Mr. Thomson thanked Council for their continued support and spoke to Councillor McLean’s leadership to expand the Board, increase community awareness and develop relationships to move PARA Marine Search & Rescue forward. He advised that Councillor Mclean was stepping down from the Board as he was retiring in the coming year and welcomed Councillor Brenner as the new Chairperson. Mayor Ryan thanked PARA Marine Search & Rescue for their work and acknowledged Councillor McLean for his work on the organization. - 2 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Councillor McLean spoke to the work done by PARA Marine Search & Rescue and his time as Chair for the organization, and expressed his support for Councillor Brenner’s role as the new Chair. 7.Delegations 7.1 Charles Peralta, Owner/Barber, FYF Studio Re: Waterfront Permit Parking Charles Peralta, Owner/Barber, FYF Studio, appeared before Council to speak to the Waterfront Permit Parking System. Mr. Peralta discussed the negative impact of the permit parking system on his business, including customers incurring $60 parking fines and the loss of customers as the business is new and relies on walk- in traffic. He suggested a number of solutions such as offering a grace period, limiting paid parking to peak hours, and allowing businesses to validate parking tickets for their customers. 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 Bernadette Recto, Owner, Pilates by Bernadette, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. Ms. Recto referred to Staff Report BYL 02-21 and that the Report recommended that staff undertake consultation with local businesses. She added that the consultation had not yet taken place and requested that Council ask staff to undertake the direction as noted in Report BYL 02-21. She stated that Pickering’s waterfront was different from other waterfront municipalities with paid parking, as it has a business and a residential component which would require special accommodations to be made. She further added that Report BYL 02-21 discussed both residential and business parking and the need for public consultation, and added that if consultation had taken place, that she would like to view the records of the meeting. Ms. Recto noted that while the system was implemented to alleviate costs of maintaining the waterfront, it is now taxing those who would like to shop and work at the waterfront. She spoke to the need for solutions adding that asking customers to park in residential areas was not a viable solution. Ms. Recto concluded her delegation by asking that the program be paused until such time that consultation with the businesses at the waterfront is complete. A question and answer period ensued between Members of Council and Ms. Recto, regarding: •whether Pilates by Bernadette employed staff residing outside of Pickering; and, •whether efforts were made to notify customers of the new parking system.- 3 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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 Rev. Michlynn Walton, Owner/Operator, Grandads Ice Cream Parlour, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. Rev. Walton advised that at an April 7th meeting, businesses were informed of the way forward but not given an opportunity to comment on the paid parking system. She discussed how the system isolated seniors as visitors and that caretakers were fined from $30 to $75, adding that seniors were also struggling with navigating the online parking permit application process. She further advised that there was no public transportation to the Pickering Nautical Village and that with the new paid parking system, employees were required to pay to work. She spoke to the ways in which Grandads Ice Cream Parlour was involved and invested in Pickering, and that most of their customers were coming from outside of Pickering. Rev. Michlynn discussed the ways in which businesses were starting to recover from the COVID-19 pandemic and that the new paid parking system had further negatively impacted the success of small businesses in the area. She discussed communication with Members of Council and staff and questioned where she should park her vehicle. She asked for immediate relief for all of the customers who visit the Nautical Village, such as through a three-hour grace period along both sides of Liverpool Road, and that the three-hour grace period be extended to visitors of the surrounding communities. A question and answer period ensued between Members of Council and Rev. Michlynn regarding: •whether consideration for the creation of a BIA should be done in the future as a long-term solution rather than an immediate solution; and, •suggestions to alleviate the concerns with the paid parking system. 7.4 Eileen Higdon Re: Municipal Elections and Voter Engagement Eileen Higdon, 852 Fairview Avenue, appeared before Council to speak to Municipal Elections and voter engagement. She stated that during the 2018 Municipal Election, less than 30% of electors voted and spoke to the need for voter engagement and female representation on Council. Ms. Higdon spoke to her time as a Member of Pickering City Council and the female representation within the Federal Government. She further discussed the negative impacts of voter apathy, including the City’s ward boundaries remaining the same, and planning decisions being made in favour of developers. She concluded her delegation by speaking to the need to trust the new City management to organize a fair and clean election and encouraged electors to make a plan to vote on Election Day. - 4 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Clarification was sought from the City Clerk pertaining to the recent Ward Boundary Review, and the reasons why the boundaries could not be implemented for the 2022 Municipal Election. 7.5 Mark Iogna, Senior Project Manager, Tribute (Liverpool) Limited Michael Testaguzza, Planner, The Biglieri Group 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, Senior Project Manager, Tribute (Liverpool) Limited, and Michael Testaguzza, Planner, The Biglieri Group, appeared before Council for questions. There were no questions from Members of Council. 7.6 Linda Cook Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Linda Cook, 842 Miriam Road, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. She discussed the inception of the Nautical village and how the need for appropriate consultations were overlooked. Ms. Cook asked whether the new paid parking system was creating barriers for out-of-town visitors as the Nautical Village was a destination community. She further asked whether businesses and residents could pre- register their visitors for free parking and for the need to consider a simplified process. She added that there were many waterfront communities with successful paid parking systems and asked that the matter be revisited. 7.7 Michele Bolton, Owner, OpenStudio Art Cafe Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Michele Bolton, Owner, OpenStudio Art Cafe, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. She stated that arts and music have attracted visitors from other communities to the Nautical Village due its location. Ms. Bolton discussed the adverse impacts of the new permit parking system, including the system not having provisions in place to allow customers enough time to buy a coffee without purchasing a parking ticket, the struggle for seniors to operate the parking application, and live musicians wishing to play on the streets now needing to pay for parking. She stated that businesses should not be impacted and spoke to a petition on the matter which - 5 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm would soon be submitted to the City. Ms. Bolton concluded her delegation by asking for reasonable solutions. 7.8 Paul Lalla Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Paul Lalla, 75 Millington Cresent, appeared before Council to speak to Corr. 28- 22, Objection to the City’s Proposed Waterfront Paid Parking. Mr. Lalla stated that he was a musician in the Nautical Village and spoke to the ways in which the new paid parking system had negatively impacted the morale and spirit of the small businesses in the Nautical Village who were starting to recover from the COVID- 19 pandemic. He concluded his delegation by stating that he has a flip phone and asked how he could download the parking application. 7.9 Bhupinder Kala Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Bhupinder Kala, 597 Liverpool Road, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. She stated that she lived in the Nautical Village by the ice cream parlour and that the area was zoned for commercial use. She discussed how the paid parking system was adversely impacting the small businesses in the area as they were slowly starting to recover from the COVID-19 pandemic, which had already reduced the number of customers. She spoke to the lack of proper consultation, public transportation to the area, and asked whether the system was discriminating against those who were unable to afford paid parking. She further discussed the ways in which ticketing was being done by the City’s By-law Officers. She concluded her delegation by asking that parking for the roads in front of businesses be free with the residential roads maintaining the paid parking system. 7.10 Evanne Willson Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Evanne Willson, 1665 Avonmore Square, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. She stated that she regularly attended the waterfront with her out of town friends to swim and that since the implementation of the new paid parking system, this was no longer possible as her friends were no longer willing to drive to the waterfront and pay for parking. She said that she was a Pickering resident, however, she does not own a - 6 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm vehicle and cannot apply for a parking permit. She concluded her delegation by asking that a system be created to provide parking permits for residents who do not own a vehicle adding that this could be achieved within a week. A brief question and answer period ensued between Members of Council and Ms. Wilson regarding whether staff had reached out to address her concerns. 7.11 Duncan Webster, Senior Development Manager, TACC Developments Re: Report CAO 09-22 Employment Land Strategy Review Duncan Webster, Senior Development Manager, TACC Developments, appeared before Council to speak to Report CAO 09-22. He noted that TACC Developments currently own land holdings in the Seaton Innovation Corridor and that they were trying to promote the employment lands in the Seaton Community. He added that the Central Pickering Development Plan (CPDP) was currently adversely impacting these promotions as it was outdated and had not evolved with the growth plan. He noted that an amendment to the CPDP was needed as currently the City and the Region are beholden to the policy framework from 2006 until such time the Plan is amended. He spoke to the limitations of the CPDP, and that with new work from home structures, office space was no longer in demand. He noted that with the Province not intending to amend the Plan, and that the Plan should be eliminated as it had served its purpose to draft the Official Plan and the Seaton Plan. He concluded his delegation by stating that the Seaton Landowners Group would be providing a planning opinion and a justification report directed to the City and the Region to ask that a formal request be submitted to the Province to start the process to remove and retract the CPDP and asked that the City create new ideas. A question and answer period ensued between Members of Council and Mr. Webster regarding whether the delegate was in support of amending the CPDP. 7.12 Dwight Grant, Owner, The Beach Chip Truck Re: Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Objection to the City’s Proposed Waterfront Paid Parking Dwight Grant, Owner, the Beach Chip Truck, appeared before Council to speak to Corr. 28-22, Objection to the City’s Proposed Waterfront Paid Parking. He stated that he was a musician and the owner of the yellow chip truck at the waterfront. He spoke to the adverse impacts of the paid permit parking system on the businesses and offered to conduct a free concert to help alleviate any costs associated with the paid parking system. He spoke to his involvement in the community and asked that consideration be given to provide for a three-hour grace period. - 7 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 8.Correspondence 8.1 Corr. 26-22 Paul Bigioni, Director, Corporate Services & City Solicitor, City of Pickering Re: Short Term Rentals A brief question and answer period ensued between Members of Council and Paul Bigioni, Director, Corporate Services & City Solicitor, regarding: •whether staff were aware of the number of Airbnb’s in Pickering; and, •ensuring that the matter was brought before Council in new Term of Council. Resolution #929/22 Moved by Councillor McLean Seconded by Councillor Brenner 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 and that Staff report back to Council in the new Term of Council, by February 2023, on implementing a By-law similar to the Town of Ajax. Carried 8.2 Corr. 27-22 Rev. Michlynn Walton, Owner/Operator, Granddads Ice Cream Parlour Re: Immediate Implementation of Business Improvement Measures Discussion and a question and answer period ensued between Members of Council and staff regarding: •the consultation meeting with businesses prior to the implementation of the parking program; •concerns regarding the implementation and the need for provisions to include concerns addressed by the delegations; •the need for parking passes for student workers, working for minimum wage, and Pickering residents who do not own a vehicle; •the need for public transit options for the City’s waterfront to promote sustainability and revisiting the matter in the Fall to ensure that it is in place for 2023; •the need for a communication strategy to assist seniors with obtaining a permit pass; - 8 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm •the Memorandum circulated to Council regarding the number of parking permits issued, revenue generated through parking fees, the number of parking sessions, warnings, and parking tickets issued; •the need to consult with HotSpot, the paid parking service provider, to ensure that the request of Council is technically feasible; •whether the use of Hotspot could be eliminated on Liverpool Road with a two-hour grace period enforced by City By-law Staff for an interim period; •the need to implement measures immediately; and, •whether staff could obtain the needed answers by tomorrow to inform the impacted businesses. Staff were requested to provide a letter to affected businesses and an update to Council on the outcome of the investigation on the issues raised by Wednesday, June 29, 2022. It was also requested that staff include in the scope of their investigation ways to defray parking costs for employees. Resolution #930/22 Moved by Councillor Doody- Hamilton Seconded by Councillor Pickles 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 referred to staff; and, 2.That the appropriate staff, through the Office of the CAO, be directed to: a)investigate measures to defray parking costs for destination customers and employees of businesses in the Nautical Village that can be implemented as soon as possible; 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. Carried Later in the Meeting (See Following Motion) Resolution #931/22 Moved by Councillor Brenner Seconded by Councillor Ashe - 9 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm That Item 2 a) of the main motion be amended to read as follows: investigate immediate measures to establish a two-hour grace period on Liverpool Road and issue card permits to Pickering residents who do not have a licence and/or a registered vehicle; and, Carried The Main Motion, as amended, was then Carried Unanimously on a Recorded Vote Resolution #932/22 Moved by Councillor Ashe Seconded by Councillor Brenner That Council take a short recess. Carried Council recessed at 9:17 p.m. and reconvened at 9:27 p.m. Upon reconvening, the City Clerk certified that all Members of Council were present and participating in-person. 8.3 Corr. 28-22 Bernadette Recto, Owner, Pilates by Bernadette Re: Objection to the City’s Proposed Waterfront Paid Parking Resolution #933/22 Moved by Councillor Brenner Seconded by Councillor Pickles 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. Carried 8.4 Corr. 29-22 Elizabeth Martelluzzi, Senior Planner, Development Review & Heritage, City of Pickering Heritage Pickering Advisory Committee 2021 Year End Report and 2022 Workplan - 10 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Having previously declared a conflict of interest, Councillor McLean did not take part in the discussion or vote on this item. A brief question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding: •the heritage home on Park Road, not being assigned a heritage plaque and staff reaching out to the owner in this regard; and, •the status of the property on Altona and Kingston Road that is unkept. Resolution #934/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 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. Carried 9.Report EC 06-22 of the Executive Committee held on June 6, 2022 9.1 Director, Community Services, Report CS 08-22 Pickering Sports Medicine & Wellness Centre -Lease Agreement Council Decision: 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 Amberlea Tennis Club Court Expansion -Shadybrook Park Council Decision: - 11 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. 9.3 Director, Engineering Services, Report ENG 11-22 Toronto and Region Conservation Authority -Non-mandated Programs and Services Council Decision: 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 Claremont Drainage Plan -Municipal Class Environmental Assessment Council Decision: - 12 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. 9.5 Director, Engineering Services, Report ENG 16-22 Proposed All-way Stop -Spruce Hill Road and Shadybrook Drive Council Decision: 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 Beverley Morgan Community Park -Licence Renewal Agreement Council Decision: 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. - 13 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 9.7 Director, City Development & CBO, Report PLN 26-22 Geographic Information System Corporate Strategic Plan -Preliminary Assessment and Evaluation, and GIS Vision Council Decision: 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 Proposed Amendment to the City’s Street Naming Policy Council Decision: 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 Heritage Permit HP 01-22 -Demolition of former Whitevale Blacksmith Shop 405 Whitevale Road Council Decision: 1.That the Heritage Permit Application HP 01/22, to demolish the former Whitevale Blacksmith Shop, be approved, subject the following conditions: 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; - 14 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Resolution #935/22 Moved by Councillor Ashe Seconded by Councillor Butt That Report EC 06-22 of the Executive Committee Meeting held on June 6, 2022 be adopted. Carried 10.Report PD 06-22 of the Planning & Development Committee held on June 6, 2022 10.2 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 Council Decision: 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- 15 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Resolution #936/22 Moved by Councillor Brenner Seconded by Councillor Pickles That Report PD 06-22, save and except Item 10.1, Report PLN 29-22, of the Planning & Development Committee Meeting held on June 6, 2022 be adopted. Carried 10.1 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 Resolution #937/22 Moved by Councillor Brenner Seconded by Councillor Pickles 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 - 16 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Brenner Councillor Butt Councillor Doody-Hamilton Councillor Pickles Mayor Ryan No Councillor McLean 11.Reports – New and Unfinished Business 11.1 Director, Economic Development & Strategic Projects, Report CAO 09-22 Employment Land Strategy Review A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development & Strategic Projects, regarding: •the City’s strategy and inclinations that were received from the Province with respect to the CPDP; and, •the ways in which the City was working to expedite the infrastructure issues within the lands. Resolution #938/22 Moved by Councillor Pickles Seconded by Councillor Butt 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.- 17 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Carried 11.2 Director, Economic Development & Strategic Projects, Report CAO 10-22 Economic Development Strategy Fiaz Jadoon, Director, Economic Development & Strategic Projects, provided a brief introduction to the creation of the Economic Development Strategy and introduced Chris Steele, Principal, Economic Development, EBP US. Chris Steele, Principal, Economic Development, EBP US, appeared before Council to present the Economic Development Strategy. Through the aid of a PDF presentation, Mr. Steele discussed the tools which were used to build the Strategy, the types of analysis conducted, key findings, key local opportunities identified through data analysis and interviews with stakeholders, a prioritized action plan and foundational activities, and key performance indicators (KPI). A question and answer period ensued between Members of Council and Mr. Steele regarding: •whether the consultation considered current economic disruptions and uncertainties; •how the City compared against Durham Region municipalities with regards to agriculture; •the reporting timelines for assessing the KPIs; •whether EBP US would work with the City to develop a matrix to measure the KPIs and the reporting timelines for developing a matrix; •how the Pickering Library could be involved in business incubation; •whether there was value in continuing to participate with Toronto Global; and, •best practices for creating small business centres. A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development & Strategic Projects, regarding: •timelines to prepare a matrix system to track the suggested KPIs; •a realistic timeframe to evaluate the City’s tax base for employment targets; •consideration of IT based employment sectors; and, •the consultation having recognized key institutional gaps in regards to hospitals and post-secondary institutions and whether this was being investigated by staff. Staff were requested to report back to Council, prior to the end of the current Term of Council, on a plan to complete an updated Report, in collaboration with - 18 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm the City Development Department, regarding employment targets as an interim measure until the KPIs had been tracked. Resolution #939/22 Moved by Councillor Brenner Seconded by Councillor Butt 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 actions as indicated in this report and action plan. Carried 11.3 Director, Economic Development & Strategic Projects, Report CAO 11-22 High Frequency Rail Business Analysis for an HFR Station in Pickering Fiaz Jadoon, Director, Economic Development & Strategic Projects, provided a brief introduction regarding the Business Analysis for an HFR Station in Pickering and introduced Mausam Duggal, National Director, Transportation Planning and Science, WSP. Mausam Duggal, National Director, Transportation Planning and Science, WSP, appeared before Council to present on the Business Analysis for an HFR Station in Pickering. Through the aid of a PDF presentation, Mr. Duggal discussed how a Pickering HFR station would provide an opportunity to shape land use in the northeastern GTHA, including extending the Region’s commuter rail network to the northeastern GTHA, connecting with high order regional transit routes and Highway 407, promoting economic development on federal and provincial lands, mitigating transportation impacts of significant growth, aligning with Provincial planning, and creating a new Transit Oriented Community. A question and answer period ensued between Members of Council and Mr. Duggal regarding: •the possible costs which may be incurred by the City; •clarification on the reference to the Pickering International Airport being the Federal Lands;- 19 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm •Canada’s National Rouge Park being a driver to bring in ridership; and, •realistic timeframes for a construction of a High Frequency Rail. A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development & Strategic Projects, regarding how an HFR station may impact the Economic Development Strategy for a hotel in North Pickering, with Mr. Jadoon advising that Staff would work on a Foreign Direct Investment (FDI) for a hotel in Pickering as it was part of the Economic Development Strategy and the HFR economic outlook. Resolution #940/22 Moved by Councillor Brenner Seconded by Councillor Pickles 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. Carried 11.4 Chief Administrative Officer, Report CAO 13-22 Approval of “Youth Academic Engagement Strategy – Reaching Higher University & College Prep & Application Review” Pickering Anti-Black Racism Taskforce (PABRT) Resolution #941/22 Moved by Councillor Pickles Seconded by Councillor Butt 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, - 20 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.5 Director, Community Services, Report CS 12-22 Boardview Advertising Inc. Licence Fee Relief and Licence Amending Agreement Resolution #942/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton 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 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 - 21 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.6 Director, Community Services, Report CS 13-22 Esplanade Park – Artist Selection -Commission of Public Art A question and answer period ensued between Members of Council and Sarah Douglas-Murray, Director, Community Services, regarding whether families of individuals who were lost to COVID-19 would continue to be engaged during the installation phase, with Ms. Douglas-Murray advising that upon Council approval, Staff would engage the community on the final installation and communication plans, and the opening of the park event scheduled for 2023. Resolution #943/22 Moved by Councillor Pickles Seconded by Councillor Brenner 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 - 22 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.7 Director, Community Services, Report CS 14-22 Seaton Fire Headquarters – Artist Selection Commission of Public Art Resolution #944/22 Moved by Councillor Brenner Seconded by Councillor McLean 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. Carried 11.8 Director, Engineering Services, Report ENG 18-22 - 23 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Sandy Beach Road Reconstruction -Elexicon Energy Hydro Pole Relocation A question and answer period ensued between Members of Council and Richard Holborn, Director, Engineering Services regarding: •the timelines for Elexicon to complete this work; and, •timelines to install speed bumps on Sandy Beach Road. Resolution #945/22 Moved by Councillor McLean Seconded by Councillor Brenner 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. Carried 11.9 Director, Engineering Services, Report ENG 19-22 Walnut Lane Extension -Municipal Class Environmental Assessment Richard Holborn, Director, Engineering Services, spoke to the Walnut Lane Extension - Municipal Class Environmental Assessment and introduced Jon - 24 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Newman, Project Manager, Heather Nottbeck, Deputy Project Manager, and Karl Grueneis, Senior Environmental Planner, AECOM Canada Ltd. Jon Newman, Heather Nottbeck, and Karl Grueneis, joined the meeting via electronic participation to speak to the Walnut Lane Extension, Kingston Road to Liverpool Road - Municipal Class Environmental Assessment. Through the aid of a PDF presentation, Mr. Newman provided an overview of the project, the Municipal Class Environmental Assessment planning process, key consultation activities, identified traffic calming measures, a description and estimated costs of the project, and next steps. A question and answer period ensued between Members of Council and Mr. Newman regarding: •how the design to navigate traffic to move East and West of Kingston Road would look like; •whether the Region was the approval authority for the traffic designs; •concerns of residents who would need to drop off their children at Vaughan Willard Public School and needing to turn into Storrington Street to return home; and, •whether the multipurpose bikeway lanes were for both bikes and pedestrians. Resolution #946/22 Moved by Councillor Pickles Seconded by Councillor Butt 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. - 25 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Carried 11.10 Director, Finance & Treasurer, Report FIN 10-22 Annual Treasurer’s Statement Report – Summary of Activity for the Year Ended December 31, 2021 Resolution #947/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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. Carried 11.11 Director, Finance & Treasurer, Report FIN 11-22 2022 Final Property Tax Due Date for Commercial, Industrial, and Multi- Residential Realty Tax Classes Resolution #948/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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. - 26 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Carried 11.12 Fire Chief, Report FIR 02-22 Repeal of By-Law 7049/10 being a By-law to Require the Installation of Carbon Monoxide Detectors in Residential Occupancies A question and answer period ensued between Members of Council and Steve Boyd, Fire Chief, regarding: •whether carbon monoxide alarms which also work as fire alarms were still safe to use; •the installation area for carbon monoxide alarms; and; •whether a finished basement would require a carbon monoxide alarm. Resolution #949/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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. Carried 11.13 Director, Corporate Services & City Solicitor, Report LEG 14-22 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 - 27 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm -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 Resolution #950/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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; 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”); - 28 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.14 Director, Operations, Report OPS 04-22 Town Hall Park (formerly referred to as Brougham Parkette) Licence Renewal Agreement Resolution #951/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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. Carried 11.15 Director, Operations, Report OPS 12-22 Request for Additional Funds for the Construction of Fire Station #1 Resolution #952/22 Moved by Councillor Pickles Seconded by Councillor Ashe - 29 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.16 Director, Operations, Report OPS 15-22 Supply & Delivery of Various Vehicles -Quotation No. Q2022-10 Resolution #953/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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; - 30 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.17 Director, Operations, Report OPS 16-22 Tillings Yard Remediation Resolution #954/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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 - 31 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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. Carried 11.18 Director, City Development & CBO, Report PLN 33-22 Lease Agreement – Big Bite Gourmet Burgers Inc., 1550 Kingston Road, Unit 50 Temporary Patio Program – Use of City Owned Lands Resolution #955/22 Moved by Councillor Pickles Seconded by Councillor Ashe 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. Carried 11.19 Director, City Development & CBO, Report PLN 34-22 April 25, 2022 Notice of Motion - Reporting of Affordable Housing Pickering Housing Strategy & Action Plan 2021-2031 Resolution #956/22 - 32 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Moved by Councillor Pickles Seconded by Councillor Ashe 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. Carried 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. 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). 12.3 By-law 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. 12.4 By-law 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. 12.5 By-law 7948/22 - 33 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 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). 12.6 By-law 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. 12.7 By-law 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 (Kubota Drive). Resolution #957/22 Moved by Councillor Ashe Seconded by Councillor Doody-Hamilton That By-law Numbers 7944/22 through 7950/22 be approved. Carried 13.Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera Session was held at 5:00 p.m. in accordance with the provisions of the Municipal Act, and Procedure By-law 7926/22, to consider two confidential memos relating to appeals before the OLT and the business analysis for an HFR Station in Pickering. He further added that Council also received advice subject to solicitor-client privilege pertaining to Report OPS 16-22 which was dealt with under Item 11.17 of this evening’s agenda. Carried 13.1 Confidential Memorandum from the Director, City Development & CBO Re: Council Direction Regarding Appeals of Committee of Adjustment Decisions City Files: P/CA 40/22, and P/CA 47/22 & P/CA 48/22 OLT Files: OLT-22-003752 and OLT-22-003744 Resolution #958/22 Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton That, with respect to P/CA 40/22, 521 Bella Vista Drive, OLT file 22-003752, Council authorize staff from City Development, Legal Services, and other - 34 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Departments as may be required, and/or authorize staff to retain external expert witnesses and external counsel if required, to attend the OLT proceeding, to support the refusal by the Committee of the application. Carried Resolution #959/22 Moved by Councillor Brenner Seconded by Councillor Ashe That, with respect to P/CA 47/22 & P/CA 48/22, 700 Hillview Crescent, OLT file 22-003744, Council authorize staff from City Development, Legal Services, and other Departments as may be required, and/or authorize staff to retain external expert witnesses and external counsel if required, to attend the OLT proceeding, to support the refusal by the Committee of the application. Carried Carried 13.2 Confidential Memorandum from the Director, Economic Development and Strategic Projects and Presentation by Mausam Duggal, National Director, Transportation Planning and Science, WSP Re: Business Analysis for an HFR Station in Pickering Resolution #960/22 Moved by Councillor Brenner Seconded by Councillor Pickles That staff be directed to submit the High Frequency Rail Strategic Case, as prepared by WSP, to the Joint Project Office (JPO) and confirm with the JPO what additional information the City is required to submit along with a concept plan to highlight the need for a High Frequency Rail (HFR) station in Pickering. Carried 14.Other Business 14.1 Councillor Butt gave notice that he would be bringing forward a Notice of Motion regarding autism. 14.2 Councillor McLean asked whether staff would be on call to address possible complaints regarding fireworks on Canada Day, with Paul Bigioni, Director, Corporate Services & City Solicitor, advising that staff would be on call. - 35 - Council Meeting Minutes June 27, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 15.Confirmation By-law By-law Number 7951/22 Councillor Ashe, seconded by Councillor Brenner moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of June 27, 2022. Carried 16.Adjournment Moved by Councillor Pickles Seconded by Councillor McLean That the meeting be adjourned. Carried The meeting adjourned at 11:08 pm. Dated this 27th of June, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 36 - Special Council Meeting Minutes In Camera July 11, 2022 Hybrid Electronic Meeting Main Committee Room 8:30 am Present: Mayor David Ryan Councillors: . B Absent: S. Butt 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. 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 C. Rose -Chief Planner N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk M K. Ashe C. Doody-Hami B. McLean D. Pickles lton renner 1.Roll Call The City Clerk certified that all Members of Council were present and participating in- person, save and except Councillor Butt. 2.Disclosure of Interest No disclosures of interest were noted. Resolution #961/22 - 37 - Special Council Meeting Minutes In Camera July 11, 2022 Hybrid Electronic Meeting Main Committee Room 8:30 am Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton 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; e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f)advice that is subject to solicitor-client privilege, including communications necessary for that purpose; h)information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and, k)a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried Council took a brief pause to allow the livestream of the Meeting to be severed. 3.In Camera Matters 3.1 Confidential Memorandum from the Director, Corporate Services & City Solicitor and Presentations from: Gianni Ciufo, Partner, Deloitte David Outerbridge, Partner, Torys LLP Alicja Puchta, Associate, Torys LLP Shawn Oakley, KPMG LLP Mike Szabo, Diamond Schmitt Don Schmitt, Diamond Schmitt Leslie Griffiths, KPMG LLP Re: City Centre Review 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.] - 38 - Special Council Meeting Minutes In Camera July 11, 2022 Hybrid Electronic Meeting Main Committee Room 8:30 am 3.2 Director, Community Services, Confidential Report CS 15-22 Pickering Heritage & Community Centre Project -Funding Update 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 Director, Community Services, Confidential Report CS 16-22 The Redman House Program Centre Green Retrofit Project -Funding Update 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 #962/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 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 a proposed acquisition or disposition of land, litigation or potential litigation, a position, plan or negotiations being carried out by or on behalf of the City, information supplied in confidence to the City, received advice subject to solicitor-client privilege, and provided direction to staff as it pertains to the City Centre Project, the Pickering Heritage Community Centre, and the Redman House Program Centre Retrofit Project, and that the following motions were now before Council. Resolution #963/22 Moved by Councillor Pickles Seconded by Councillor Doody-Hamilton That the confidential direction provided during the closed session, pertaining to the City Center Project, be approved. - 39 - Special Council Meeting Minutes In Camera July 11, 2022 Hybrid Electronic Meeting Main Committee Room 8:30 am Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Brenner Councillor Doody-Hamilton Councillor Pickles Mayor Ryan No Councillor McLean Resolution #964/22 Moved by Councillor McLean Seconded by Councillor Brenner That the direction, contained in Confidential Report CS 15-22, provided during the closed session be approved. Carried Unanimously on a Recorded Vote Resolution #965/22 Moved by Councillor Pickles Seconded by Councillor Brenner That the direction, contained in Confidential Report CS 16-22, provided during the closed session be approved. Carried Unanimously on a Recorded Vote 4.Confirmation By-law By-law 7952/22 Councillor McLean, seconded by Councillor Brenner moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of July 11, 2022. Carried 5.Adjournment Moved by Councillor McLean Seconded by Councillor Doody-Hamilton - 40 - Special Council Meeting Minutes In Camera July 11, 2022 Hybrid Electronic Meeting Main Committee Room 8:30 am That the meeting be adjourned. Carried The meeting adjourned at 11:53 pm Dated this 11th of July, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 41 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Present: Mayor David Ryan Councillors: D. Pickles Absent S. Butt 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 F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner P. Helgesen -(Acting) Division Head, Water Resources & Development Services V. Plouffe -Manager, Facilities Capital Projects N. Surti -Manager, Development Review & Urban Design R. Perera -Deputy Clerk J. Bekramchand -Senior Financial Analyst, Capital & Debt Management C. Kong -Senior Financial Analyst, Capital & Debt Management K. Ashe M. Brenner 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 Councillor Butt. 2.Disclosure of Interest - 42 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm 2.1 Councillor Brenner declared a conflict of interest under the Municipal Conflict of Interest Act, with respect to Item 4.2, Report FIN 13-22, as he is the Chair of PARA Marine Search and Rescue. 3.Delegations There were no delegations. 4.Matters for Consideration 4.1 Director, Finance & Treasurer, Report FIN 12-22 2022 Development Charge Background Study 2022 Community Benefits Strategy 2022 Parkland Conveyance By-law Stan Karwowski, Director, Finance & Treasurer, provided a brief introduction to Sean-Michael Stephen, Managing Partner, Watson & Associates Economists Ltd. Sean-Michael Stephen, Managing Partner, Watson & Associates Economists Ltd., joined the meeting via electronic participation to City of Pickering Development Charges Background Study & Community Benefits Charges Strategy. Through the aid of a PowerPoint presentation, Mr. Stephen provided an overview of the study process, D.C. background study and changes to the by-law, and the CBC strategy and changes to the by-law since their release on the City’s website and the June 20, 2022 Special Meeting of Council. Resolution #966/22 Moved by Councillor Brenner Seconded by Councillor Ashe 1.That Report FIN 12-22 of the Director, Finance & Treasurer be received; 2.That the City of Pickering – Development Charges Background Study, dated May 11, 2022 as amended, prepared by Watson & Associates Economists Ltd. as required under Section 10(1) of the Development Charges Act, 1997, be approved; 3.That Council approve the follow recommendations related to Development Charges as recommended by the Finance Department: a)That the Residential Development Charges for development on Seaton Lands be approved effective as of July 12, 2022 as per Table 1; - 43 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Table 1 City of Pickering Development Charges – Seaton Lands Per Residential Dwelling Unit Effective July 12, 2022 Service Single or Semi- Detached Other Multiples Apartments - 2 Bedrooms + Apartments - Bachelor & 1 Bedroom Other Services Related to a Highway 746 575 434 266 Fire Protection Services 1,176 906 684 420 Parks and Recreation Services 13,273 10,224 7,719 4,737 Library Services 2,444 1,883 1,421 872 Growth-Related Studies 235 181 137 84 Stormwater Management 460 354 268 164 By-law Enforcement 103 79 60 37 Transportation - - - - Total 18,437 14,202 10,723 6,580 b)That the Residential Development Charges for development Outside of Seaton Lands be approved effective as of July 12, 2022 as per Table 2; Table 2 City of Pickering Development Charges – Outside of Seaton Lands Per Residential Dwelling Unit Effective July 12, 2022 Service Single or Semi- Detached Other Multiples Apartments - 2 Bedrooms + Apartments - Bachelor & 1 Bedroom Other Services Related to a Highway 746 575 434 266 - 44 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Fire Protection Services 1,176 906 684 420 Parks and Recreation Services 13,273 10,224 7,719 4,737 Library Services 2,444 1,883 1,421 872 Growth-Related Studies 235 181 137 84 Stormwater Management 460 354 268 164 By-law Enforcement 103 79 60 37 Transportation 13,461 10,369 7,829 4,805 Total 31,898 24,571 18,552 11,385 c)That the Non-Residential (Commercial, Industrial and Institutional) Development Charges be approved effective as of July 12, 2022 as shown in Table 3; Table 3 City of Pickering Development Charges Non-Residential Effective July 12, 2022 Service Per Net Ha of Prestige Employment Land in Seaton Per ft2 of Total Floor Area Municipal Wide Services: Other Services Related to a Highway 11,695 0.34 Fire Protection Services 18,492 0.53 Parks and Recreation Services 35,927 1.03 Library Services 6,698 0.19 Growth-Related Studies 1,083 0.03 Stormwater Management 7,234 0.21 By-law Enforcement 1,564 0.04 Total Municipal Wide Services 82,693 2.37 - 45 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Outside of Seaton Lands Transportation - 4.73 Total Services Outside of Seaton Lands - 4.73 Seaton 82,693 2.37 Rest of Pickering - 7.10 d)That the proposed capital programs contained in the Background Study be indicative of Council’s intention, to ensure that the studies and capital expenditures required to meet the increase in need for services related to the forecasted development will be met, as required under Paragraph 3 of subsection 5(1) of the Development Charges Act, 1997; Indexing e)That the Director, Finance & Treasurer be directed that residential and non-residential Development Charges be indexed annually on July 1 each year by applying the annual change in the Statistics Canada Quarterly “Construction Price Statistics” for the period ending March 31 of each year; Exemptions f)That all exemptions and exceptions be as required under the Development Charges Act, 1997 and as defined in the proposed By- law; Administration g)That the City continue the Reserve established for the City’s share (i.e. the non-development charge portion) of the costs of services included in the Development Charges Study and that contributions be included in the Annual Current Budget for consideration by Council; h)That the originally proposed By-law has been modified since the public meeting on June 20, 2022, and Council confirms that no further public meeting under the Development Charges Act, 1997 (S.12) is necessary as a result; i)That the City Clerk be instructed to undertake the By-law passage notification provisions under the Development Charges Act, 1997 and Ontario Regulation 82/98; - 46 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm j)That the Development Charges By-law attached to this report be enacted at this meeting of Council; k)That the Director, Finance & Treasurer be authorized to revise the funding ratio’s for 2022 and prior budget approved development charge funded projects where applicable to reflect Council’s adoption of the 2022 Development Charges Background Study and Community Benefits Strategy, and any funding shortfall from development charges will be addressed when project proceeds; and, l)That the payments related to “10 percent Soft Services” as provided for by the Seaton Financial Impacts Agreement dated November 26, 2015, be increased by 17.3 percent, effective as of July 12, 2022; 4.That the City of Pickering – Community Benefits Strategy, dated May 20, 2022, and updated June 23, 2022, prepared by Watson & Associates Economists Ltd. as required under Section 37 (9) of the Planning Act, be approved; 5.That Council approve the following recommendations related to the Community Benefits Charge (CBC) as recommend by the City Development Department and the Finance Department; a)That the Community Benefits Charge for applicable development or redevelopment be approved, effective as of September 30, 2022 as follows: Unit Type CBC Charge Apartments: 2 + bedrooms $1,070 Apartments: bachelor and 1 bedroom $657 b)That the draft by-law to establish a Community Benefits Charges and Reserve Fund, be finalized and enacted at this meeting of Council, save and except, that a new Item 2.4 (c) and 2.5 (g) be added as follows: 2.4 (c) “For the purposes of this section, the first Storey at or above ground is the Storey that has its floor closest to Grade and it ceiling more than 1.8 metres above Grade.” s - 47 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm 2.5 (g) “Development or Redevelopment of a building or structure for which the City has received an application for Site Plan Approval, that has been deemed complete by the City, on or before the passing of this By-law, and where development or redevelopment has satisfied the following requirements: (i)the zoning by-law to permit the development or redevelopment is in full force and effect with no appeals, on or before December 31, 2022; and, (ii)Council has passed a Zoning By-law to lift or remove any (H) Holding Symbol on the subject lands on or before the passing of this By-law.” c)That the Director, Finance & Treasurer be directed that Community Benefit Charges be indexed annually on July 1 each year by applying the annual change in the Statistics Canada Quarterly “Construction Price Statistics” for the period ending March 31 of each year; d)That the originally proposed By-law has been modified since the public meeting on June 20, 2022, and Council confirms that no further consultation under the Planning Act, 1990 (section 10) is necessary; e)That the City Clerk be instructed to undertake the By-law passage notification provisions under the Planning Act, 1990 and Ontario Regulation 509/20; f)That any funding shortfall for Administration Services - consulting costs due to the adoption of the 2022 Community Benefits Charge Strategy be addressed when the consulting work proceeds; and, g)That the Public Benefits Reserve Fund By-law No. 7590/17 be repealed and the associated Reserve Fund be closed once the committed funds are spent. 6.That Council approve the following recommendations related to Parkland Conveyance By-law as recommended by the City Development Department: a)That the draft by-law to require the Conveyance of Land for Park or Other Public Recreational Purposes as a condition of development or redevelopment, or the subdivision of lands, be finalized and enacted at this meeting of Council; - 48 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm b)That the City Clerk be instructed to undertake the By-law passage notification provisions under the Planning Act, 1990 and Ontario Regulation 509/20; and, c)That the balance of funds in the Parkland Dedication Reserve Fund collected under By-law No. 7341/14 be combined with the newly established Parkland Conveyance By-law; 7.That the appropriate staff of the City of Pickering be authorized to give effect thereto. Carried 4.2 Director, Finance & Treasurer, Report FIN 13-22 PARA Marine Search & Rescue Grant Request Having previously declared a conflict of interest, Councillor Brenner did not take part in the discussion or vote on this item. A brief discussion period ensued between Members of Council regarding: weed issues in the Frenchman’s Bay and its impact to the PARA Marine Search & Rescue’s efforts; and, the importance of supporting the volunteer PARA Marine Search & Rescue’s efforts. Resolution #967/22 Moved by Councillor McLean Seconded by Councillor Pickles 1.That Report FIN 13-22 of the Director, Finance & Treasurer be received; 2.That Council approve a grant in the amount of $13,500 to PARA Marine Search & Rescue and this expense be funded from account 503040.11100; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried Unanimously on a Recorded Vote 4.3 Director, Corporate Services & City Solicitor, Report CLK 04-22 Appointment of an Integrity Commissioner - 49 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm -2022 – 2026 Term of Council Resolution #968/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton 1.That Report CLK 04-22, regarding Appointment of an Integrity Commissioner, be received; 2.That Council appoints Principles Integrity as Integrity Commissioner for the City of Pickering for the Term of Council commencing November 15, 2022, with the option to renew for an additional Council Term, subject to the Council of the Regional Municipality of Durham approving and authorizing the appointment of Principles Integrity in accordance with Section 223.3 of the Municipal Act as the Regional Municipality of Durham’s Integrity Commissioner; 3.That the draft By-law, included as Attachment #1 to Report CLK 04-22 to confirm the appointment of Principles Integrity as the provider of Integrity Commissioner services for the City of Pickering, be enacted; 4.That subject to the enactment of the By-law to appoint Principles Integrity, that the Mayor and Clerk be authorized to execute an agreement with Principles Integrity, for Integrity Commissioner Services for the City of Pickering, consistent with the draft by-law and on terms satisfactory to the City Clerk and Director, Corporate Services & City Solicitor; and, 5.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Carried 4.4 Fire Chief, Report FIR 03-22 Agreement to Provide Medical Oversight Services -Lakeridge Health Central East Prehospital Care Program (CEPCP) Resolution #969/22 Moved by Councillor Pickles Seconded by Councillor McLean - 50 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm 1.That Report FIR 03-22 of the Fire Chief, regarding the Agreement to provide Medical Oversight Services between Pickering Fire Services and Lakeridge Health, be received; 2.That the Mayor and City Clerk be authorized to execute the Agreement with Lakeridge Health Central East Prehospital Care Program (CEPCP) to provide Medical Oversight and training to the Pickering Fire Department, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 3.That appropriate City of Pickering officials be authorized to take the necessary actions to implement the recommendations in this Report. Carried 4.5 Director, Operations, Report OPS 17-22 Additional Funds for Pickering Heritage & Community Centre Pre-Construction Costs Resolution #970/22 Moved by Councillor McLean Seconded by Councillor Brenner 1.That Report OPS 17-22 of the Director, Operations regarding additional costs for pre-construction work to be completed for the Pickering Heritage & Community Centre (PHCC) at the Pickering Museum Village be received; 2.That unspent funds provided by Reports CS 19-18 and CS 34-18 for architectural, landscape and engineering services for the Pickering Heritage & Community Centre at the Pickering Museum Village be re- allocated for the conversion of existing technical documents to meet Net - Zero Design criteria in accordance with the City’s Green and Inclusive Community Buildings (GICB) grant application and other related costs included in Recommendations 3 to 5 below, and as presented in Table 3; 3.That as per the proposal submitted by Hariri Pontarini Architects dated June 17, 2022, in the amount of $438,327.00 (HST included), and net cost of $394,727.00 (net of HST rebate) be approved; 4.That in accordance with Purchasing Policy Item 10.03 (c), proposal V 22024 dated June 17, 2022, as submitted by Vertical Stat -Up - 51 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Commissioning in the amount of $67,992.00 (HST included), and a net cost of $61,229.00 (net of HST rebate) be approved; 5.That in accordance with Purchasing Policy Item 10.03 (c), proposal P22- 007 dated June 17, 2022, as submitted by Independent Project Managers in the amount of $37,340.00 (HST Included), and a net cost of $33,626.00 (net of HST rebate) be approved; 6.That the Director, Finance & Treasurer be authorized to f inance the additional net costs of $576,078.00 from the unspent funds by applying the funding ratio as per 2022 Development Charges Background Study as follows: a)the sum of $99,765.00 by a transfer from the Rate Stabilization Reserve; b)the sum of $21,211.00 by a transfer from the DC City Share Reserve; c)the sum of $241,952.00 by a transfer from the Development Charges Reserve Fund – Parks & Recreation; d)the sum of $23,043.00 by a transfer from the Development Charges Reserve Fund – Library Services; e)the sum of $190,107.00 from the GICB grant; and, 7.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 5.By-law s 5.1 By-law 7953/22 Being a By-law Regarding Development Charges. 5.2 By-law 7954/22 Being a By-law to Establish Community Benefits Charges for the City of Pickering and hereby establish the Community Benefits Charges Reserve Fund. - 52 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm 5.3 By-law 7955/22 Being a By-law to require the conveyance of land for park or other public recreational purposes as a condition of development or redevelopment, or the subdivision of lands. 5.4 By-law 7956/22 Being a by-law to confirm the Appointment of Principles Integrity as the Integrity Commissioner for the City of Pickering. 5.5 By-law 7957/22 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, Part of Lot 18, Concession 1, Parts 1 to 20 and 22 to 40, Parts 21 and 41, 40R-26237 (Save and Except Parts 1 to 3, 40R-27791), City of Pickering (A 07/20) (SmartCentres) Mayor Ryan noted that By-law 7954/22 was before Council as amended by adding the additional clauses 2.4 (c) and 2.5 (g). Resolution #971/22 Moved by Councillor Brenner Seconded by Councillor McLean That By-law Numbers 7953/22 through 7957/22 be approved. Carried Mayor Ryan, as Chair, granted Councillor McLean a point of privilege to make an announcement pertaining to his decision to retire from municipal politics. Councillor McLean spoke of his time as an elected official for the City of Pickering and announced that he would not be seeking re-election in the 2022 City of Pickering Municipal Election. 5.Confirmation By-law By-law 7958/22 Councillor McLean, seconded by Councillor Doody-Hamilton moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of July 8, 2022. - 53 - Special Council Meeting Minutes July 11, 2022 Hybrid Electronic Meeting Council Chambers 2:00 pm Carried 6.Adjournment Moved by Councillor McLean Seconded by Councillor Doody-Hamilton That the meeting be adjourned. Carried The meeting adjourned at 2:24 pm Dated this 11th of July, 2022. David Ryan, Mayor Susan Cassel, City Clerk - 54 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm Present: Mayor David Ryan Councillors: D. Pickles Absent: B. McLean Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor B. Duffield -Director, Operations S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk J. Halsall -Division Head, Finance L. Gibbs -Manager, Cultural Services S. Milton -Manager, Recreation Services K. Thompson -Manager, Municipal Law Enforcement Services K. Ashe M. Brenner S. Butt C.Doody-Hamilton 1.Roll Call 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.Delegations There were no delegations. 4.Matters for Consideration 4.1 Director, Finance & Treasurer, Report FIN 14-22 Pre 2023 Capital Budget Approval – Soccer Dome Enhancement Project - 55 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm A question and answer period ensued between Members of Council and staff regarding: •the Pickleball programming that would be offered at the soccer dome and the number of weeks during the year it would be available; •Pickleball playing hours; •assurances in place through an agreement between the City and the Pickering Football Club, that the Pickleball programing would be offered as intended; •assessing the program, and the demand for Pickleball, to determine whether programming needed to increase or decrease, and any changes to the program being subject to approval by the City; •the cost to players being an hourly rate and the availability of membership options; •timelines to have the Pickleball program up and running being subject to the repair of the dome, and conditions of the existing turf within the dome; •confirmation that the City’s current Pickleball programs would continue, offering more availability to players; •enhancements to the mechanics of the new dome structure so that it could withstand another severe weather event; •the value added to the soccer dome facility with the enhancements of the dome structure; and, •whether the claim to repair the dome would impact the City’s insurance premiums. Resolution # 972/22 Moved by Councillor Pickles Seconded by Councillor Brenner 1.That Council approve the following three recommendations related to the Pickering Soccer Dome enhancement project: a)That pre 2023 Capital Budget be established for the construction of four Pickleball Courts and minor facility enhancements for a cost of $820,000 (Net of HST) and this cost be funded from a transfer from the Rate Stabilization Reserve (Account 8007); b)That Council delegate the authority to award contracts with terms and conditions satisfactory to the Director, Operations and the Director, Finance & Treasurer with the total value of the contracts not to exceed $820,000 (Net of HST) related to Recommendation 1 a) and that the awarding of the contracts be in compliance with applicable senior government trade legislation; and, - 56 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm c)That Council approve the waiving of the Purchasing Policy related to the procurement of goods and services related to Recommendation 1 a) and b) where it is in the community’s best interest to fast track the purchase of goods and services in order to meet the project timeframe; 2.That Council grant the Director, Operations and the Director, Finance & Treasurer the authority to undertake the major repairs to the Pickering Soccer Dome, pursuant to the Purchasing Policy Section 12.01 (Emergency Purchase), for the sole purpose of restoring the level of service/functionality for the benefit of the Pickering residents and all of the costs be funded from the proceeds of the insurance claim and any revenue shortfall be funded by a transfer from the Rate Stabilization Reserve (Account 8007): a)That the contract for the construction and installation of the soccer dome be awarded to the Farley Group for a cost of $1,425,000 (Net of HST); b)That the contract for the construction and installation of the soccer turf field in the amount of $575,000 (Net of HST), be awarded to Pro-Tech Turf Solutions; c)That, in accordance with Purchasing Policy Item 10.03 (c), Independent Project Managers be retained to provide project management services for a cost not to exceed $75,000 (Net of HST) on a schedule of rates acceptable to the Director, Operations and the Director, Finance & Treasurer; d)That the Director, Operations and Director, Finance & Treasurer be authorized to spend an additional $290,000 (Net of HST), for unforeseen or unanticipated repair expenditures and that the insurance carrier be requested to finance these costs and any revenue shortfall be funded from the Rate Stabilization Reserve; 3.That the Director, Finance & Treasurer be authorized to pursue full cost recovery (including insurance and, if necessary, the use of legal resources) from the insurance carrier for all of the expenditures as reflected in Recommendation 2; 4.That the Agreement between the City of Pickering and Pickering Football Club, as set out in Attachment 1 to this Report, be approved subject to minor revisions acceptable to the Director, Corporate Services & City Solicitor and the Chief Administrative Officer, and that the Mayor and City Clerk be authorized to execute same; and, - 57 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm 5.That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 4.2 Director, Community Services, Report CS 18-22 Community Event Request - Corn Roast -Request to Permit Esplanade Park Resolution # 973/22 Moved by Councillor Butt Seconded by Councillor Ashe 1.That Council authorize staff to issue a park permit for the use of Esplanade Park by the Office of MPP Peter Bethlenfalvy on Saturday, September 17, 2022 and the rain date of Saturday, September 24, 2022 for the purpose of hosting a Community Corn Roast for local volunteers, 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 4.3 Election Sign By-law Review Refer to Item 5.1, By-law 7959/22, for discussion pertaining to the Election Sign By-law Review. 5.By-laws 5.1 By-law 7959/22 Being a by-law to amend By-law 7591/17, which regulates election signs in the City of Pickering. A question and answer period ensued between Members of Council and staff regarding: •the different sign size requirements on Regional Roads depending on where they are placed at intersections and along the roadway; - 58 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm •clarification that the amendment to the By-law adjusted the sign dimensions to allow any orientation, vertical or horizontal, with the size no longer stipulating height and width; •setback requirements and sign height restrictions within sight triangles at intersections; and, •clarification on the spacing and distance requirements between signs being 500m, and this not differentiating between the same or alternate sides of the road. Resolution # 974/22 Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton That By-law Number 7959/22 be approved. Carried 6.Confirmation By-law By-law 7960/22 Councillor Brenner, seconded by Councillor Butt moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of August 18, 2022. Carried 7.Adjournment Moved by Councillor Pickles Seconded by Councillor Ashe That the meeting be adjourned. Carried The meeting adjourned at 5:53 pm. Dated this 18th of August, 2022. - 59 - Special Council Meeting Minutes August 18, 2022 Hybrid Electronic Meeting Council Chambers 5:30 pm David Ryan, Mayor Susan Cassel, City Clerk - 60 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 1 Present: Mayor David Ryan Councillors: D. Pickles Absent: B. McLean 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 R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk M. Guinto -Division Head, Public Affairs & Corporate Communication C. Rose -Chief Planner D. Quaife -Division Head, Information Technology S. Milton -Manager, Recreation Services R. Perera -Deputy Clerk C. Whittaker -Manager, Sustainability & Strategic Environmental Initiatives G. McGregor -Project Manager, Strategic Initiatives A.MacGillivray -Committee Coordinator K. Ashe M. Brenner S. Butt C. Doody-Hamilton 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor McLean, and that all Members were participating in-person. - 61 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 2 2.Disclosure of Interest No disclosures of interest were noted. 3.Delegations 3.1 Indrani Butany-DeSouza, President & CEO, Elexicon Moranne McDonnell, Vice President, Distribution Operations, Elexicon Re: Report FIR 04-22 Power Outage Event -Debrief, Action Plan & Next Steps with Elexicon Energy Indrani Butany-DeSouza, President & CEO, and Moranne McDonnell, Vice President, Distribution Operations, Elexicon, appeared before the Committee to speak to the Power Outage Event on May 21, 2022. They spoke to the storm, the impacts on Elexicon customers, and provided an overview of Elexicon’s response including ongoing communication with the community, the cost and materials required for the response, challenges and lessons learned from the event, and Elexicon’s next steps for improvement. A question and answer period ensued between Members of the Committee, Ms. Butany-DeSouza, and Ms. McDonnell regarding: •concerns regarding the outage response and communications in the South Rosebank, West Shore, and East Shore communities; •how outages are reported and outage information is shared; •whether there was an opportunity to educate residents in South Rosebank, West Shore, and East Shore about the power feed from the Sheppard Station; •alternative methods of communication during outage events with the absence of internet; •clarification regarding long-term voltage conversions in North Pickering; •outage communication and priority servicing to facilities and residences with life-support machines; •whether concrete utility poles have been considered for use in areas that poles are prone to more damage; and, •Elexicon’s practices in regard to stocking and procuring utility poles. 3.2 Bryan Purcell, Vice President, Policy & Programs, The Atmospheric Fund Re: Report PLN 38-22 Pickering Integrated Sustainable Design Standards -City of Pickering - 62 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 3 Bryan Purcell, Vice President, Policy & Programs, The Atmospheric Fund, appeared before the Committee to speak to the Pickering Integrated Sustainable Design Standards. He expressed support for the Pickering Integrated Sustainable Design Standards and spoke to the importance of these standards in meeting Climate Change goals across the Region. He spoke to the anticipated benefits of implementing these standards including cost saving, energy efficiency, and climate resilience. He also spoke to how these standards are meant to be revisited and updated consistently to reach the City’s long-term sustainability goals. A question and answer period ensued between Members of the Committee and Mr. Purcell, regarding enforcing compliance with the Integrated Sustainable Design Standards, measuring the success of the Standards in terms of accountability, as well as the relationship between the requirements under the Integrated Sustainable Design Standards and the Ontario Building Code. Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton That the order of the agenda be changed to hear Item 4.10, Report FIR 04-22, as the first item of business under Section 4. Carried 4.Matters for Consideration 4.10 Fire Chief, Report FIR 04-22 Power Outage Event Debrief, Action Plan & Next Steps with Elexicon Energy A question and answer period ensued between Members of the Committee and staff regarding: •how communications between the City of Pickering, the Region of Durham, and Elexicon could be enhanced during extreme weather events; •use of community centres and generators for residents without power to charge cellular devices and what options were available in this regard for residents in Whitevale and Claremont; •the features of RAVE software and whether its use could be incorporated into the City’s Standard Operating Procedures; •the licensing and administrative privileges of RAVE software; and, •acknowledging Fire Services staff for their involvement in the storm response. - 63 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 4 Staff were requested to provide an update to Members prior to the September 19, 2022 Council Meeting, on how the RAVE software might be deployed. Marisa Carpino, Chief Administrative Office, advised the update would be provided by way of CAO Correspondence prior to the September 19th Meeting. Recommendation: Moved by Councillor Brenner Seconded by Councillor Doody-Hamilton That Report FIR 04-22, regarding a summary of key findings, recommendations, and strategies from a debrief meeting with Elexicon Energy highlighting an Action Plan and Next Steps following the power outage event of May 2022, be received for information. Carried 4.1 Director, Corporate Services & City Solicitor, Report BYL 04-22 Electric Kick Scooter By-law A question and answer period ensued between Members of the Committee and staff regarding: •the City’s liability in the event of an injury on a municipal roadway; •stipulations regarding age, helmet use, and speed outlined in the Highway Traffic Act and the proposed by-law; •whether electric kick scooter companies’ helmet policies and practices had been considered; •whether features such as speed limiters, geo-fencing, and wheel locking had been considered; •consultation with other municipalities that have experience with electric kick scooter companies; and, •implementing additional regulations after the program was implemented depending on the uptake and use of the program. Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1.That the draft Electric Kick Scooter By-law (Attachment No. 1 to this Report) be received; - 64 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 5 2.That staff be directed to proceed with a public consultation to obtain feedback from residents regarding the attached By-law; 3.That staff be directed to report back to Council in February, 2023 with the results of the public consultation and any recommended revisions to the attached By-law; and, 4.That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Carried 4.2 Director, Corporate Services & City Solicitor, Report BYL 05-22 Return of Toys for Tickets/Food for Fines Holiday Parking Fine Program Recommendation: Moved by Councillor Butt Seconded by Councillor Doody-Hamilton 1.That parking tickets issued between Monday, November 28 through Wednesday, December 21, 2022 be eligible for the Toys for Tickets/Food for Fines program; 2.That the Toys for Tickets/Food for Fines program be implemented from November 28 through December 21, 2022; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4.3 Chief Administrative Officer, Report CAO 14-22 Consulting Services for the Digital Readiness Assessment and Strategy Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt 1.That the proposal submitted by MNP Digital Inc. dated April 13, 2022 in response to RFP 2022-2, regarding the selection of a consultant to provide a Corporate Digital Readiness Assessment and Strategy, be accepted in - 65 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 6 principle, with the final terms and conditions of the contract to be satisfactory to the Chief Administrative Officer and Director, Finance & Treasurer; 2.That Council authorize the Director, Finance & Treasurer to finance the gross project cost of $179,670 (HST included) and the net project cost of $161,798 (net of HST), as approved in the 2022 Current Budget; and, 3.That the appropriate City of Pickering officials be authorized to enter into any agreements to give effect hereto, and take the necessary actions as indicated in this report. Carried 4.4 Director, Corporate Services & City Solicitor, Report CLK 05-22 2023 Committee and Council Meeting Schedule Recommendation: Moved by Councillor Butt Seconded by Councillor Doody-Hamilton 1.That the 2023 Committee and Council Meeting Schedule appended as Attachment No. 1 to Report CLK 05-22 be approved; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4.5 Director, Corporate Services & City Solicitor, Report CLK 06-22 2022 Municipal Election Update Information Report Recommendation: Moved by Councillor Brenner Seconded by Councillor Butt That Report CLK 06-22 regarding the 2022 Municipal Election, be received for information. Carried - 66 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 7 4.6 Director, Community Services, Report CS 19-22 Community Safety and Well-Being Plan -Update A question and answer period ensued between Members of the Committee and staff regarding how results of the Community Safety and Well-Being Plan would be measured, including the introduction of a Regional services database, hiring of staff to execute and monitor the Plan, and community engagement to obtain feedback on how the Plan is working. Recommendation: Moved by Councillor Brenner Seconded by Mayor Ryan 1.That Report CS 19-22 regarding the update on the Community Safety and Well-Being Plan, be received for information; 2.That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Carried 4.7 Director, Community Services, Report CS 20-22 City of Pickering Volunteer Program Update -2021/2022 Activities Recommendation: Moved by Councillor Butt Seconded by Councillor Doody-Hamilton 1.That Report CS 20-22, regarding the City of Pickering Volunteer Program Update, be received for information; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.8 Director, Community Services, Report CS 21-22 Cultural Advisory Committee - 67 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 8 -Updated Terms of Reference A question and answer period ensued between Members of the Committee and staff regarding whether there would be a review of the Boards and Committees Policy as it pertains to the role of Chairing meetings of Advisory Committees and Boards. Marisa Carpino, Chief Administrative Officer, advised that a review of the Policy would be forthcoming early in the new Term of Council and that the role of Chair, as well as several other aspects of the Policy, would be part of that review. Recommendation: Moved by Councillor Brenner Seconded by Councillor Ashe 1.That Council endorse the updated Terms of Reference for the Cultural Advisory Committee, as set out in Attachment 1; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.9 Director, Engineering Services, Report ENG 20-22 Proposed All-way Stop -Tillings Road and Zents Drive A question and answer period ensued between Members of the Committee and staff regarding when the sign installation would be completed. Recommendation: Moved by Councillor Butt Seconded by Councillor Doody-Hamilton 1.That the attached draft by-law be enacted to amend Schedule “6” and 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 Tillings Road and Zents Drive; and, - 68 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 9 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.11 Director, Corporate Services & City Solicitor, Report LEG 16-22 Claremont Estates Ontario Inc. – Plan of Subdivision 40M-2143 -Final Assumption of Plan of Subdivision -Lots 1 to 15 and Block 16, Plan 40M-2143 -Carpenter Court Recommendation: Moved by Councillor Doody Hamilton Seconded by Mayor Ryan 1.That works and services required by the Subdivision Agreement within Plan 40M-2143, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2.That Claremont Estates Ontario Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 2143; and, 3.That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 4.12 Director, City Development & CBO, Report PLN 38-22 Pickering Integrated Sustainable Design Standards -City of Pickering Jenny McMinn, Managing Director, Urban Equation, appeared before the Committee to speak to the Pickering Integrated Sustainable Design Standards. Through the aid of a presentation, Ms. McMinn highlighted the challenges that communities are anticipated to experience regarding climate change and outlined the steps that had been taken to date by the City of Pickering and the Region of Durham to mitigate these challenges. She outlined the history and anticipated benefits of Integrated Sustainable Design Standards, as well as the stakeholder engagement undertaken in their development. Ms. McMinn provided an overview - 69 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 10 of the key elements of the Integrated Sustainable Design Standards including checklists, performance criteria, and user guide. She also outlined how these standards align with other surrounding municipalities. A question and answer period ensued between Members of the Committee and staff regarding: •whether Tier 2 standards would become mandatory in the future; •whether consideration had been given to applying the design standards to retrofitting existing buildings in the future; •whether incentives were considered to encourage developers to meet Tier 2 standards; •whether the proposed timelines to implement the standards were aggressive enough, and how the City of Pickering compared to other municipalities in terms of implementing these types of standards; •the differentiation between design standards and construction standards; •how and when the design standards would be considered in the development process; •whether building inspectors or additional staff would have authority to enforce the design standards; •concerns around accountability and measuring the success of achieving the targets of the design standards; and, •whether the wording pertaining to constrained lot areas and the flexibility on providing the common outdoor amenity space requirement, at the discretion of the Director, City Development, could be clarified to provide more quantifiable language and providing this clarification to Council prior to ratification of this item at the September 19, 2022 Council Meeting. Recommendation: Moved by Councillor Doody-Hamilton Seconded by Councillor Brenner 1.That Council adopt the Pickering Integrated Sustainable Design Standards: Low-Rise Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of less than four storeys and a minimum of five dwelling units, as set out in Appendix I to Report PLN 38-22, save and except that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “Require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management - 70 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 11 systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces; or Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 2.That Council adopt the Pickering Integrated Sustainable Design Standards: Mid to High Rise Residential & Non-Residential Checklist, dated August 2022, for Site Plan and Plan of Subdivision Applications for development of residential buildings of four storeys and higher, and all Industrial, Commercial and Institutional buildings, as set out in Appendix II to Report PLN 38-22, save and except that Number LN7, Common Outdoor Amenity Space, Tier 1 Mandatory provision be amended to read as follows: “For residential buildings with 20 or more dwelling units, provide 4.0 square metres of common outdoor amenity space per dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location). Where lot areas are constrained in some cases, flexibility on providing the common outdoor amenity space requirement may be provided at the discretion of the Director, City Development.” And, that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows: “For multi residential buildings, require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces; or Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.” 3.That Council require all Site Plan and Plan of Subdivision Applications, for the type and scale of development referenced in Recommendations 1 and 2 above, that are deemed complete on or after January 1, 2023, to meet Tier 1 – Mandatory Performance Criteria as outlined in the Pickering Integrated Sustainable Design Standards Checklists; - 71 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 12 4.That Council direct staff to: a.initiate an amendment to the Pickering Official Plan to add new policies that support the Pickering Integrated Sustainable Design Standards; b.add provisions to the City’s Draft Comprehensive Zoning By-law that support the Pickering Integrated Sustainable Design Standards; c.identify any additional staff resources, and cost recovery mechanisms, necessary to implement and enforce the ISDS, for inclusion within the proposed 2023 budget; d.review the Pickering Integrated Sustainable Design Standards every four years to reflect Ontario Building Code revisions, updated industry standards and climate science, and changing market demands; and, e.report back to Council on a proposed non-financial incentive strategy that supports the Pickering Integrated Sustainable Design Standards by the end of 2023; 5.That Report PLN 38-22 of the Director, City Development & CBO, which responds to Council Resolution #914/22 regarding a green roof by-law, be received for information; and, 6.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 5.Other Business 5.1 Councillor Butt inquired when the speed radar board in the Tillings Road area would be installed, and what information the radar records. Richard Holborn, Director, Engineering Services, advised that the speed radar board is scheduled to be installed within the week, and that the radar board records vehicle volume and speed information but does not serve as an automatic speed enforcement device. 5.2 Councillor Brenner spoke to a recent injury he sustained and described his experience with Durham Region Paramedics and Lakeridge Health Ajax- Pickering Hospital. He recognized those involved in his care, and expressed concerns regarding health care funding, staff shortages and abusive behaviour - 72 - Executive Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 2:00 pm Chair: Councillor Pickles 13 that he witnessed toward healthcare staff. Councillor Brenner expressed that he hoped sharing his experience would resonate with provincial and federal governments to take action and provide the necessary supports to the healthcare system. 5.3 Councillors Brenner and Pickles raised concerns regarding the SLWC Insurance information that residents had received. They stated that residents were confused by the information, and the way in which it was communicated. Members inquired whether the City could coordinate a communication to residents that provides clarification on this matter, including helpful Q&As, and to highlight the differences between Regional and City services. 5.4 Councillor Pickles referred to the Hamlet of Balsam losing their sign and asked staff to look into whether it would be the City or the Region who would be responsible for its replacement. 6.Adjournment Moved by Councillor Butt Seconded by Councillor Benner That the meeting be adjourned. Carried The meeting adjourned at 4:05 pm. - 73 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 1 Present: Mayor David Ryan Councillors: D. Pickles Absent: B. McLean 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 D. Jacobs -Manager, Policy & Geomatics N Surti -Manager, Development Review & Urban Design D. Wylie -Manager, Zoning & Administration C. Celebre -Principal Planner, Strategic Initiatives M. Kish -Principal Planner, Policy A. MacGillivray -Committee Coordinator C.Morrison -Principal Planner, Development Review K. Ashe M. Brenner S. Butt C. Doody-Hamilton 1.Roll Call The City Clerk certified that all Members of Council were present, save and except Councillor McLean, and that all Members were participating in-person. 2.Disclosure of Interest No disclosures of interest were noted. 3.Statutory Public Meetings - 74 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 2 Councillor Ashe, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 10-22 Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Isabel Lima, Planner II, provided the Committee with an overview of Zoning By- law Amendment Application A 06/22. Through the aid of a PowerPoint presentation, Ms. Lima outlined the subject lands and the moving of the Village Green further east to provide a direct connection to the Natural Heritage System and future trails. She outlined the proposed Landscape plan and noted that the purpose of the amendment was to amend Neighbourhood 19 Wilson Meadows Zoning Schedule to switch the location of the Low Density RD-1 Zone and OS Zone boundaries to reflect the relocation of the Village Green and residential lots. Ms. Lima concluded her presentation outlining next steps in the application process. Andrew Scott, Project Manager, Mattamy (Seaton) Limited joined the hybrid electronic meeting via audio connection and noted that he was available for questions. There were no delegations from the public and no questions from Members of the Committee. 3.2 Information Report No. 11-22 Draft Plan of Subdivision Application SP-2022-02 Zoning By-law Amendment Application A 04/22 Caplink Limited Southwest corner of Highway 7 and Whites Road - 75 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 3 (745 and 815 Highway 7) Seaton Community A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Cristina Celebre, Principal Planner, Strategic Initiatives provided an overview of Draft Plan of Subdivision Application SP-2022-02 and Zoning By-law Amendment Application A 04/22. Through the aid of a PowerPoint presentation, Ms. Celebre outlined the location and features of the subject lands, surrounding land uses, and conceptual renderings of the proposed development. She noted that the applicant proposes a food manufacturing facility on the subject lands with the proposal including manufacturing plants, a distribution centre, and a learning centre building. Ms. Celebre reviewed the submitted Draft Plan of Subdivision, highlighting the Percy House heritage resource, the addition and renovation of municipal roads, parking provisions, and stormwater management facilities. Ms. Celebre noted that the purpose of Zoning By-law Amendment Application A 04/22 is to rezone the lands to an appropriate zone category to permit the proposed uses and establish appropriate development standards. Ms. Celebre further noted the designation of the subject lands as Employment Lands – Prestige Employment in Neighbourhood 21 - Pickering Innovation Corridor, and concerns raised by the Ministry of Transportation pertaining to the proposed road connection to Highway 7. Ms. Celebre concluded her presentation outlining key considerations and next steps in the application process. Mike Pettigrew, Senior Planner, The Biglieri Group, appeared before the Committee and noted that Anthony Biglieri, Principal Planner, The Biglieri Group Ltd, as well as Martin Ng, Project Manager, Caplink Limited were also in attendance. Through the aid of a PDF presentation, Mr. Pettigrew outlined the subject property and provided background information pertaining to the business of FGF Foods and Caplink Limited. Mr. Pettigrew also spoke to the conceptual plans and renderings, project phases, the Percy House heritage building, and outlined the next steps in the application process. There were no delegations from the public. A question and answer period ensued between Members of the Committee, Mr. Pettigrew, and Staff, regarding: •clarification that this proposal encompassed only Phase 1 of the development; •the amount of the proposed gross floor area of Phase 1; - 76 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 4 •the type and number of jobs the proposed development is anticipated to create; •the discussions with Infrastructure Ontario and the Ministry of Transportation regarding the design of the proposed road connection to Highway 7. •the anticipated timeline of when the proposed development would be completed; •the anticipated sustainable and green components proposed as part of the development; •the proposed number of electric vehicle charging stations and cycling facilities to be on-site, and whether it was adequate to meet anticipated future demand; •the City’s active efforts to attract a High Frequency Rail station in proximity to the proposed development, and whether the applicant could help to support the City’s efforts in this regard; •the anticipated positive impact this development will have on the City’s non- residential tax revenue; •the Natural Heritage Systems on the subject lands, and the applicant’s intentions to enhance the watercourses through comprehensive landscape and buffer enhancement plans; •whether the proposed stormwater management ponds would manage both water quantity and quality; •the Percy House, including the proposed preservation of the house building, the proposed dismantling of the associated farm and silo buildings, and the material salvaging process; •the proposed demolition of the house at 745 Highway 7; and, •the proposed widening of Highway 7, and whether this would take place in Phase 1 or Phase 2 of the proposed development. Staff were requested to include quantifiable information pertaining to the anticipated impacts this proposed facility would have on the City’s non-residential tax revenue when the recommendation report is brought back before the Committee. 4.Delegations 4.1 Joe Bessada, Owner, Bessada Kia and Y&M Bessada Canada Inc. Re: Report PLN 35-22 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street - 77 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 5 Joe Bessada, 1675 Bayly Street, joined the hybrid electronic meeting via audio connection. Through the aid of a PowerPoint presentation, Mr. Bessada expressed concerns regarding the site’s proposed use as a used automobile sales facility and service centre, especially being at a vital intersection and proximity to Durham Live. Mr. Bessada highlighted three other properties owned by the owners of 1695 Bayly Street, and spoke to the poor conditions of those sites. He further expressed concern that should these conditions be replicated at the subject property, it would become an eyesore, having negative impacts on the area streetscape. Mr. Bessada suggested that the Committee take this into consideration when deciding on this matter. 4.2 Michael Fry, Planning Manager, D.G. Biddle and Associates Re: Report PLN 41-22 Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) Michael Fry, Planning Manager, D.G. Biddle and Associates joined the hybrid electronic meeting via audio connection. Mr. Fry provided brief comments on Zoning By-law Amendment Application A 10/21 as well as Report PLN 41-22, and noted that he was available for questions. A question and answer period ensued between Members of the Committee and Mr. Fry, regarding: •clarification regarding the number of buildings proposed for the subject property, and whether the applicant intended to seek a severance of the subject property; and, •clarification regarding whether commercial uses were permitted for the subject property. 4.3 Kelly Ward John McDermott, Principal Planner, McDermott & Associates Limited Re: Report PLN 43-22 Request for an Amendment to By-law 2091, being a By-law to Designate an area of Subdivision Control over Registered Plans, under the Planning Act -Estate of Norman Keith Ward -1930 Ninth Concession Road -Part of Lots 6 and 7, Plan 424 Kelly Ward and John McDermott, Principal Planner, McDermott & Associates Limited, appeared before the Committee. Mr. Ward spoke to the request for an amendment to By-law 2091 as well as his support for the recommendations in Report PLN 43-22. He noted the Ontario Divisional Court decision pertaining to - 78 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 6 By-law No. 2091 and concluded his delegation by asking the Committee to accept the report recommendations to proceed with the By-law amendment. A question and answer period ensued between Members of the Committee and Mr. Ward, regarding: •the assumed perception of the subject lands being separate lots; and, •the applicant’s intention to build a single detached home on the separated lot, similar to that of neighbouring lots. 4.4 Max Gargaro, Associate Land Development Manager, Mattamy Homes Constance Ratelle, Planner/Designer, Korsiak Urban Planning Re: Report PLN 39-22 Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Max Gargaro, Associate Land Development Manager, Mattamy Homes, and Constance Ratelle, Planner/Designer, Korsiak Urban Planning joined the hybrid electronic meeting via audio connection and noted that they were available for questions. A question and answer period ensued between Members of the Committee and Mr. Gargaro, regarding: •the City’s interest in expediently developing the subject employment lands; •whether the applicant had intentions to sell the employment lands to another developer and whether those lands would be developed at the same time; •opportunities for the applicant to work with the City’s Economic Development Office to assist in attracting interested parties to utilize the employment lands; and, •the proposed schools that are planned for the proposed subdivision. 4.5 Vincent Santamaura, Principal Architect, Vincent J. Santamaura, Architect Inc. Re: Report PLN 35-22 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Vincent Santamaura, Principal Architect, Vincent J. Santamaura Architect Inc. appeared before the Committee and spoke to Zoning By-law Amendment Application A 07/21 noting that the applicant has been working with City Staff to refine the proposal based on the feedback received. Mr. Santamaura noted that this will be a high-quality building suitable for the prominent intersection, and that - 79 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 7 the City’s architectural control review had found this design to be satisfactory thus far. He spoke to the proposed building frontages and how they would provide a buffer between the business activities on the subject property and the surrounding streetscape. Mr. Santamaura spoke to the owners’ business experience and responded to concerns pertaining to the conditions at the owners other properties. Mr. Santamaura concluded his delegation by requesting the Committee’s support of the application and noted that he is available for questions from the Committee, along with the owners Marianne Mankaryous, KMSD Mankaryous Holdings Inc. and Said Agaiby, 1816638 Ontario Inc. who were connected to the hybrid electronic meeting via audio connection. 4.6 Marianne Mankaryous, KMSD Mankaryous Holdings Inc. Said Agaiby, 1816638 Ontario Inc. Re: Report PLN 35-22 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street Marianne Mankaryous, KMSD Mankaryous Holdings Inc. and Said Agaiby, 1816638 Ontario Inc. joined the hybrid electronic meeting via audio connection and noted that they were available for questions. 4.7 Margaret Bowie Re: Report PLN 40-22 Envision Durham – Implementing the Provincial Agricultural System -The Region of Durham Municipal Comprehensive Review Margaret Bowie withdrew her delegation and did not appear before the Committee. 4.8 James Blair Re: Report PLN 40-22 Envision Durham – Implementing the Provincial Agricultural System -The Region of Durham Municipal Comprehensive Review James Blair appeared before the Committee regarding Report PLN 40-22 and expressed support for the report’s recognition of the importance of agriculture to the Region and Province. Mr. Blair expressed support for the food processing plant proposed for Pickering’s Innovation Corridor and expressed concern regarding the amount of land designated to be Prime Agricultural Area in the Region’s draft report. He suggested that Council consider requesting that more land be designated and kept as Prime Agricultural Area. - 80 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 8 5.Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 35-22 Zoning By-law Amendment Application A 07/21 KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc. 1695 Bayly Street A question and answer period ensued between Members of the Committee and Staff regarding: •how concerns regarding the design of the development, and its prominent location at the intersection, had been addressed; •how the City would ensure compliance with site plan design conditions, and whether they could be included within zoning provisions; •the anticipated timeline of when the draft zoning by-law would be presented to Council for consideration; •whether property standards provisions could be incorporated into site plan by-law standards and control plan; and, •whether truck rentals were currently a proposed use for the subject property, and whether the applicant could request this use for the property in the future. Recommendation: Moved by Councillor Butt Seconded by Councillor Pickles That Zoning By-law Amendment Application A 07/21, submitted by KMSD Mankaryous Holdings Inc. and 1816638 Ontario Inc., to expand the list of permitted uses on the lands municipally known as 1695 Bayly Street, be approved, subject to the recommended zoning provisions contained in Appendix I to Report PLN 35-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Carried 5.2 Director, City Development & CBO, Report PLN 36-22 Comprehensive Zoning By-law Review Phase 2, First Draft of the Zoning By-law and Community Engagement Bobby Gauthier, Practice Lead, Urban and Community Planning, WSP, joined the hybrid electronic meeting via audio connection and spoke to the draft Comprehensive Zoning By-law being available for review and comment as well as the public engagement efforts that would be undertaken this Fall. Mr. Gauthier - 81 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 9 spoke to his expectation that the by-law will experience various changes and iterations as the consultation process continues and that he was available for questions. A question and answer period ensued between Members of the Committee, Mr. Gauthier, and Staff regarding: •the intention of creating plain language material for the public regarding this matter, and the anticipated grade level benchmark to be used; •clarification that the matter being considered is pertaining to the communication and engagement component of this review, and not in any way a final approval of the Comprehensive Zoning By-law; and, •the process by which the Comprehensive Zoning By-law is subject to, and whether an Open House and/or Statutory Public Meeting component is required. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt That Report PLN 36-22 of the Director, City Development & CBO, providing a discussion on the first draft of the City of Pickering Comprehensive Zoning By-law and community engagement, be received for information. Carried 5.3 Director, City Development & CBO, Report PLN 37-22 Kingston Mixed Corridor and Brock Mixed Node Intensification Areas -City Initiated Zoning By-law Amendment Engagement Strategy A question and answer period ensued between Members of the Committee, and Staff regarding: •clarification that the matter being considered is pertaining to the communication and engagement strategy, and not the actual Zoning By-law Amendment; •whether prior concerns raised regarding this matter would be incorporated as part of the engagement strategy, and whether an Open House and/or Statutory Public Meeting was required as part of the process; •the opportunities available throughout the process by which the public can provide comment on the matter; •the proposed timing for the engagement process to take place; and, - 82 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 10 •the various methods to be employed to engage the public on this matter, and whether there will be ample opportunity to provide feedback. Recommendation: Moved by Mayor Ryan Seconded by Councillor Doody-Hamilton 1.That Council authorize staff to undertake the Engagement Strategy for the Kingston Mixed Corridor and Brock Mixed Node Intensification Areas Zoning By-law Amendment, as generally outlined in Report PLN 37-22; and, 2.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 5.4 Director, City Development & CBO, Report PLN 39-22 Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5 Seaton Community A question and answer period ensued between Members of the Committee, and Staff regarding: •whether the City’s Economic Development Office had engaged the applicant to assist in facilitating the development of the employment lands; •the importance of bringing servicing to the lands and the continued work with the Region in this regard; •whether the City’s Economic Development Office is pursuing opportunities regarding the development of retail and personal services in the employment and mixed use nodes on Brock Road; and, •the importance of amenities such as schools, recreation centres, and parks in the subject development. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt - 83 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 11 1.That Draft Plan of Subdivision Application SP-2015-03 (R), submitted by Seaton TFPM Inc., on lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, to establish a plan of subdivision consisting of blocks for prestige employment uses, residential uses for approximately 2,205 dwelling units, mixed-uses, community uses, parks, open spaces, stormwater management facilities, and public roads as shown on Attachments #7 and #8 to Report PLN 39-22, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2.That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Draft Plan of Subdivision SP-2015-03 (R) on lands being Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5, be approved subject to the provisions contained in Appendix II to Report PLN 39-22, 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 applications for draft plan of subdivision, site plan approval, and building permits, submitted by Seaton TFPM Inc., for the lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried 5.5 Director, City Development & CBO, Report PLN 40-22 Envision Durham – Implementing the Provincial Agricultural System The Region of Durham Municipal Comprehensive Review A question and answer period ensued between Members of the Committee and Staff regarding: •the differences of opinion between the City and the Region as it relates to lands in the white belt; •the Duffins Rouge Agricultural Preserve and the Heritage System distinctions outlined the Central Pickering Development Plan (CPDP); •the Heritage System layering discrepancies in the Region’s draft report and efforts to encourage conformity with the CPDP; •concerns regarding the lack of planning mechanisms to protect or study the impact on significant wetlands and ecological features, and encouraging - 84 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 12 the Region to consider incorporating language in the draft report that may trigger an environmental study; •the wetlands and natural heritage features in the area between Westney Road and Lakeridge Road, south of Highway 7, and the lack of protection offered by the Region’s methodology; •Prime Agricultural Land and Provincially Significant Wetland designations, and which designation offered the highest standard of protection; •the process involved in removing the Prime Agricultural designation, and the requirement of an agricultural study assessment and approval by the Region and the Province; •the provisions in the Region’s draft report regarding Prime Agricultural designations and urban boundaries; and, •the process by which the concerns raised would be addressed and responded to by the Region. Recommendation: Moved by Mayor Ryan Seconded by Councillor Doody-Hamilton 1.That Council endorse the Staff comments contained in Appendix I to Report PLN 40-22 as the City’s formal comments on the draft Regional Agricultural System mapping, in relation to the lands in the City of Pickering, reflected in Attachments #5 and #7 to the Commissioner of Planning & Economic Development’s Report 2022-P-16, and that the Region investigate the following matters as part of finalizing the mapping and associated policies for the new Regional Official Plan: a.Whether the proposed Prime Agricultural Areas designation with a proposed Natural Heritage System Overlay, on the Agricultural Preserve lands, conforms with the Central Pickering Development Plan Natural Heritage System – Primary Designation along the West Duffins Creek Valley; b.Whether the proposed Prime Agricultural Areas overlay designation provides appropriate protection for Natural Core Areas on the Oak Ridges Moraine; c.Whether there is an appropriate level of protection for key hydrologic features, such as wetlands, against unwanted farm practices, on lands that are proposed to be re-designated Prime Agricultural Area; - 85 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 13 d.That the proposed re-designation of lands, from Major Open Space to Prime Agricultural Areas, that have significant natural heritage and hydrologic features (e.g., wetlands complexes), and are located between Greenwood and Lake Ridge Road, be reconsidered; 2.That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as “E3” on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan; 3.That a copy of Council’s Resolution and Report PLN 40-22 be forwarded to the Region for consideration; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 5.6 Director, City Development & CBO, Report PLN 41-22 Zoning By-law Amendment Application A 10/21 1023343 Ontario Inc. 4973 Brock Road (“Old Brock Road”) Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt That Zoning By-law Amendment Application A 10/21, submitted by 1023343 Ontario Inc., to rezone a portion of the property from ORM-R5 to ORM-C2 and to establish a site-specific exception to permit a detached dwelling on the lot, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 41-22, be finalized and forwarded to Council for enactment, following the applicant entering into an encroachment agreement, or other agreements as may be required by the Region of Durham or City of Pickering, for the existing deck. Carried 5.7 Director, City Development & CBO, Report PLN 42-22 Draft Plan of Subdivision Application SP-2021-02 Zoning By-law Amendment Application A 15/21 - 86 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 14 OPB Realty Inc. Eastern Portion of the Pickering Town Centre Lands, West of Glenanna Road and South of Kingston Road Report PLN 42-22 was withdrawn from the September 6, 2022 Planning & Development Meeting. 5.8 Director, City Development & CBO, Report PLN 43-22 Request for an Amendment to By-law 2091, being a By-law to Designate an area of Subdivision Control over Registered Plans, under the Planning Act -Estate of Norman Keith Ward -1930 Ninth Concession Road -Part of Lots 6 and 7, Plan 424 Recommendation: Moved by Councillor Pickles Seconded by Councillor Brenner 1.That the request by Kelly Ward, Executor of the Estate of Norman Keith Ward, to amend the By-law 2091, (which deemed the lots within Registered Plan 424 not to be within a registered plan of subdivision for the purposes of conveyance), by deleting the reference to Lots 6 and 7 of Plan 424, such that each parcel may be sold separately, be supported; 2.That the draft amending By-law to amend By-law 2091 be finalized, and forwarded to Council for enactment; 3.That a copy of this Report, Council’s resolution and the By-law to amend By-law 2091, be forwarded to Kelly Ward, and to the Regional Municipality of Durham; and, 4.That the appropriate staff of the City of Pickering be authorized to give effect thereto, including removing By-law 2091 from title of the subject lands. Carried 6.Other Business 6.1 Councillor Brenner requested an update pertaining to the status of the High Frequency Rail (HFR) proposal. - 87 - Planning & Development Committee Meeting Minutes September 6, 2022 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Ashe 15 A question and answer period ensued between Members of Council and Fiaz Jadoon, Director, Economic Development regarding: •the City’s and consultant’s communication with the Joint Project Office; •a meeting scheduled for October 6, 2022 to discuss recommendations and strategies in the City’s proposal with the Joint Project Office; •the project analysis, ridership program, and preferred location within the City’s proposal; •ongoing discussions with the City of Markham and the Province; •opportunities to engage landowners in proximity to the proposed HFR corridor to solicit their support for the City’s proposal; •the inclusion of current and upcoming investments in the Pickering Innovation Corridor in the upcoming presentation to the Joint Project Office; •favourable conditions along the proposed HFR corridor in Pickering including its proximity to Seaton, and employment lands; and, •whether information from the Director, Finance & Treasurer regarding the anticipated positive impact of the addition of non-residential tax revenue could be included in the upcoming presentation to the Joint Project Office. 6.2 Councillor Butt inquired about the status of fibre optic network installation in Pickering. Paul Bigioni, Director, Corporate Services & City Solicitor, confirmed that internet service providers are actively building their respective networks. Mr. Bigioni noted that with this information being proprietary in nature, the City does not receive regular updates with regard to this matter. He advised the Committee that he would reach out to his contact at Bell Canada for any information they are willing to share pertaining to the status of their fibre optic network installation, as well as future plans; and share this information with the Committee prior to the September 19, 2022 Council Meeting. 7.Adjournment Moved by Councillor Butt Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 9:10 pm. - 88 - Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8 905.430.4300 whitby.ca June 24 2022 Via Email: The Honourable Christine Elliot Minister of Health and Deputy Premier christine.elliott@ontario.ca Re: Backyard Swimming Lessons Please be advised that at a meeting held on June 20, 2022, the Council of the Town of Whitby adopted the following as Resolution # 180-22: Whereas swimming instructors are certified by the Canadian Red Cross; Whereas all Canadian Red Cross courses meet strict guidelines for content and delivery and the Canadian Red Cross Lifeguard program meets all provincial/territorial legislation requirements; Whereas R.R.O. 1990, Reg. 565: PUBLIC POOLS creates barriers for swimming lessons to be performed in residential pools; Whereas the Town of Whitby is burdened with providing enough infrastructure, staffing and scheduling to accommodate thousands of new swimmers in public pool settings; Whereas the regulation requirements are burdensome for homeowners to meet the inspection requirements of health officials; Whereas swimming instruction is proven to prevent death by drowning and should be prioritized for every Canadian child; and, Whereas lower tier municipalities can simplify and streamline the process to regulate backyard swimming lessons without the Provincial regulation in place. Now therefore be it resolved: 1.That the Town of Whitby Council requests that the Province of Ontario eliminate any regulation regarding backyard swimming lessons; Corr. 30-22 - 89 - Page 2 of 2 2.That municipalities across Ontario be responsible for governing any business, nuisance or health requirements for the operation of backyard swim lessons; and, 3.That the Clerk circulate a copy of this resolution to Lorne Coe MPP, AMO, the Regional Municipality of Durham, and all Durham area municipalities. Should you require further information, please do not hesitate to the Office of the Town Clerk at 905.430.4315. Kevin Narraway Sr. Manager, Legislative Services/Deputy Clerk Copy: C. Harris, Town Clerk L. Coe, M.P.P., Whitby – lorne.coe@pc.ola.org A. Harras, Regional Clerk, Regional Municipality of Durham – clerks@durham.ca Association of Municipalities of Ontario – amo@amo.on.ca N. Cooper, Director of Legislative and Information Services, Town of Ajax – clerk@ajax.ca F. Lamanna, Clerk/Deputy CAO, Township of Brock – ferando.lamanna@brock.ca J. Gallagher, Municipal Clerk, Municipality of Clarington – clerks@clarington.net M. Medeiros, City Clerk, City of Oshawa – clerks@oshawa.ca S. Cassel, City Clerk, City of Pickering – clerks@pickering.ca B. Jamieson, Director of Corporate Services/Municipal Clerk, Township of Scugog – bjamieson@scugog.ca D. Leroux, Clerk, Township of Uxbridge – dleroux@uxbridge.ca - 90 - J. Paul Dubé, Ombudsman 483 Bay Street, 10th Floor, South Tower / 483, rue Bay, 10e étage, Tour sud Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 Facsimile/Télécopieur : 416-586-3485 TTY/ATS : 1-866-411-4211 www.ombudsman.on.ca Facebook : facebook.com/OntarioOmbudsman Twitter : twitter.com/Ont_Ombudsman YouTube : youtube.com/OntarioOmbudsman BY EMAIL Mayor Dave Ryan Council for the City of Pickering One The Esplanade Pickering, ON L1V 6K7 August 31, 2022 Dear Members of Council for the City of Pickering: RE: Closed meeting complaint My Office received a complaint regarding the January 10, 2022 closed meeting of council for the City of Pickering (the “City”). The complaint alleged that portions of the discussion did not come within any of the closed meeting exceptions found in the Municipal Act, 2001 1 (the “Act”). I am writing to share the outcome of my review of this matter. For the reasons set out below, I have found that this meeting was properly closed under the exceptions for discussions about litigation or potential litigation and advice subject to solicitor- client privilege. Ombudsman’s role and authority As of January 1, 2008, the Act gives anyone the right to request an investigation into whether a municipality has complied with the Act in closing a meeting to the public.2 Municipalities may appoint their own investigator. The Act designates the Ombudsman as the default investigator for municipalities that have not appointed their own. My Office is the closed meeting investigator for the City of Pickering. 1 SO 2001 c 25. 2 Ibid at s 239.1. Corr. 31-22 - 91 - 483 Bay Street, 10th Floor, South Tower / 483, rue Bay, 10e étage, Tour sud Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 Facsimile/Télécopieur : 416-586-3485 TTY/ATS : 1-866-411-4211 www.ombudsman.on.ca Facebook : facebook.com/OntarioOmbudsman Twitter : twitter.com/Ont_Ombudsman YouTube : youtube.com/OntarioOmbudsman 2 My Office has investigated hundreds of closed meetings since 2008. To assist municipal councils, staff, and the public, we have developed an online digest of open meeting cases. This searchable repository was created to provide easy access to the Ombudsman’s decisions on, and interpretations of, the open meeting rules. Council members and staff can consult the digest to inform their discussions and decisions on whether certain matters can or should be discussed in closed session, as well as issues related to open meeting procedures. Summaries of the Ombudsman’s previous decisions can be found in the digest: www.ombudsman.on.ca/digest. Review My Office reviewed the agenda for the January 10, 2022 meeting, as well as the open and closed meeting minutes. We also reviewed relevant sections of the Act and the City’s procedure by-law, and spoke to the City Clerk. According to our review, council held a special meeting at 3:25 p.m. on January 10, 2022. The open session minutes indicate that council soon proceeded in camera, citing the closed meeting exceptions for litigation or potential litigation and advice subject to solicitor-client privilege under sections 239(2)(e) and 239(2)(f) of the Act. While the resolution cited two exceptions, it did not provide any information about the general matters to be discussed while in closed session. However, additional information was provided in the meeting agenda indicating that council would receive a confidential verbal update from the Director of Corporate Services & City Solicitor as well as from the Director of City Development & Chief Building Officer related to appeals of decisions made by the City’s Committee of Adjustment. Our review found that once in closed session, council received information and advice from staff and legal counsel relating to appeals of Committee of Adjustment decisions. Council then considered specific matters that were appealed to the Ontario Land Tribunal and directed staff with respect to each matter. Applicability of the exception for litigation or potential litigation The complaint alleged that not all matters discussed by council were subject to litigation or potential litigation. - 92 - 483 Bay Street, 10th Floor, South Tower / 483, rue Bay, 10e étage, Tour sud Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 Facsimile/Télécopieur : 416-586-3485 TTY/ATS : 1-866-411-4211 www.ombudsman.on.ca Facebook : facebook.com/OntarioOmbudsman Twitter : twitter.com/Ont_Ombudsman YouTube : youtube.com/OntarioOmbudsman 3 Section 239(2)(e) of the Act allows council to discuss litigation or potential litigation, including matters before administrative tribunals that affect the municipality. While the Act does not define what constitutes “litigation or potential litigation” the courts have determined that this exception is reserved for circumstances where the subject matter discussed is ongoing litigation or involves a reasonable prospect of litigation.3 The closed meeting minutes indicate that council spoke about a number of decisions from the Committee of Adjustment concerning local properties that were subject to ongoing appeals at the Ontario Land Tribunal. Council received legal advice and directed staff with respect to each matter. Accordingly, council was permitted to rely on the open meeting exception for litigation or potential litigation pursuant to s.239(2)(e) of the Act in these circumstances. Applicability of the exception for advice subject to solicitor-client privilege Section 239(2)(f) of the Act allows council to discuss advice subject to solicitor-client privilege. For instance, this applies to discussions that include communications between the municipality and its solicitor in seeking or receiving legal advice intended to be confidential. The purpose of the exception is to ensure that municipal officials can speak freely about legal advice without fear of disclosure. The closed meeting minutes indicate that council received advice from legal counsel while in closed session relating to appeals of Committee of Adjustment decisions. Accordingly, council was permitted to rely on the open meeting exception for advice subject to solicitor-client privilege pursuant to s.239(2)(f) of the Act in these circumstances. Resolution to proceed into closed session Section 239(4)(a) of the Act requires that before moving into closed session, a municipality must state by resolution “the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting”. In Farber v. Kingston (City), the Ontario Court of Appeal determined that the resolution to go into a closed meeting should provide a general description of the issue(s) to be discussed in a way that maximizes the information available to the public while not 3 RSJ Holdings Inc. v. London (City), 2005 CanLII 43895 (ON CA), at para 22. - 93 - 483 Bay Street, 10th Floor, South Tower / 483, rue Bay, 10e étage, Tour sud Toronto, ON M5G 2C9 Tel./Tél. : 416-586-3300 Facsimile/Télécopieur : 416-586-3485 TTY/ATS : 1-866-411-4211 www.ombudsman.on.ca Facebook : facebook.com/OntarioOmbudsman Twitter : twitter.com/Ont_Ombudsman YouTube : youtube.com/OntarioOmbudsman 4 undermining the reason for closing the meeting.4 As such, my Office has stated that the resolution should include a brief description of the subject matter to be considered in closed session in addition to the specific exceptions being relied upon.5 In this case, the resolution passed by council to proceed in camera cited the closed meeting exceptions it relied on to exclude the public, but failed to provide any further detail regarding the intended discussion. While the agenda and minutes provided a general description of the matter to be discussed in closed session, this information was not included in the resolution itself. Staff acknowledged this oversight and confirmed that in future they would include a description of the matter in the resolution to proceed in camera, not just in the agenda and minutes, in order to maximize the information available to the public. Conclusion My review found that council for the City of Pickering did not contravene the Municipal Act, 2001 when it discussed matters in closed session on January 10, 2022, relating to appeals of Committee of Adjustment decisions. I would like to thank the City for its co-operation during my review. The Clerk confirmed that this letter will be included as correspondence at an upcoming council meeting. Sincerely, Paul Dubé Ombudsman of Ontario CC: Susan Cassel, City Clerk 4 Farber v. Kingston (City), 2007 ONCA 173. 5 Temagami (Municipality of) (Re), 2021 ONOMBUD 3, online: <https://canlii.ca/t/jcxs0>. - 94 - Pike Court Community Request The families residing on Pike Court request the City of Pickering to remove the requirement of sidewalks on their street (i.e. Pike Court). Name (Print) Address Phone Number 889 Pike Court 2.--X ,'f..,.;'y L, • 890 Pike Court 891 Pike Court 4. 892 Pike Court 5._Empty Lot ____ _893 Pike Court ______ _ 7._Empty Lot ____ _895 Pike Court 896 Pike Court 9.M E }..\,A·S(WN S 1--JJ-'\\\<.. 897 Pike Court 899 Pike Court Signature Date (DD/MM/YYYY) o, / o 1 I 2 °2 2. { l /u ti I to cli j f Corr. 32-22 Report to Council Report Number: CAO 15-22 Date: September 20, 2022 From: Marisa Carpino Chief Administrative Officer Subject: Approval of “Reaching Higher: University & College Prep and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce -File: A-1440 Recommendation: 1.That Council approve the Pickering Anti-Black Racism Taskforce-led initiatives for the remainder of 2022, as 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), set out in Attachment 1, requires that the Pickering Anti-Black Racism Taskforce (PABRT) seek Council approval to hold public events. As such, the purpose of this report is to seek Council’s endorsement of the PABRT’s proposed events on November 13, 2022, and November 27, 2022 at George Ashe Community Centre and Chestnut Hill Developments Recreation Complex, respectively. As per section 16.07 of ADM 040, this Report includes event details on PABRT’s proposed initiatives including budget, number of staff required, name of event, date, and purpose of event for Council’s consideration. 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 Council-approved budget of $25,000 with the City of Pickering, $11,000 of which has been budgeted to cover expenditures related to proposed initiatives for the remainder of 2022. Discussion: As 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 staff 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. - 96 - CAO 15-22 Subject: Approval of “Reaching Higher: University & College Prep September 20, 2022 Page 2 and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce As such, staff have prepared this report to provide relevant details around PABRT’s proposed events in order to secure Council approval, and proceed with its timely development and implementation. City of Pickering staff from applicable departments support the events, in principle, subject to various event/festival requirements being met by the applicant during the event planning process. The requirements include, but are not limited to the following: Permit for rental facility Proof of liability insurance Rentals of event equipment and supplies Submission of site plan and emergency response plan Pre-registration that does not exceed capacity Adherence to the City’s Emergency Weather Standard Operating Procedure Hiring of site security and police officers to monitor event operations (if applicable) Event Summary Name of Event Date & Time Location Reaching Higher: University & College Prep and Application Review November 13, 2022 1:00 PM – 3:00 PM George Ashe Community Centre – Russel Franklin Room A Black Joy Holiday Experience November 27, 2022 12:00 PM – 5:00 PM Chestnut Hill Developments Recreation Complex - Event Descriptions Reaching Higher: University & College Prep and Application Review: As part of PABRT’s Youth Academic Engagement Strategy, this clinic will feature a keynote presentation from senior academic administrator, Jen McMillen, Vice Provost, Students at Toronto Metropolitan University. Jen will lead an in -depth conversation with youth and their families on the following topics: application process, 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. A Black Joy Holiday Experience: In partnership with Durham Family and Cultural Centre (DFCC), PABRT has developed a Community Engagement, Black Culture and Commerce Strategy as a two-part plan to celebrate and promote the Black community and Black culture. The first initiative, “A Black Joy Holiday Experience,” is a holiday pop-up market that will showcase local Black small - 97 - CAO 15-22 September 20, 2022 Subject: Approval of “Reaching Higher: University & College Prep Page 3 and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce businesses. The event will also include light refreshments, a DJ and live performances that plans to be both entertaining and educational. This event will coincide with a holiday food basket drive. The holiday season traditionally is a time when there is focus on food, community and fellowship, values important wit hin the Black community. It is the goal of PABRT and DFCC to alleviate some of the financial hardship by members of the community through Afro-diasporic food baskets. The selection of the Afro- diasporic food baskets will be achieved by community nomination and by the families reaching out including the following community groups: The Black Queens of Durham, Black Durham Region Support, Black Durham Community Support, Black Event Connections, Black Moms Connection, and Black Parents Connect Durham, identified on Facebook. By posting the Food Basket Drive initiative in these groups, on PABRT, DFCC and City of Pickering social media networks, nomination applications will be collected and reviewed to ensure qualification. Basket distribution will be done on a first-come, first-served basis to qualified families through pick up at the DFCC office or delivered by volunteers to families with limited access to transportation. Budget: Event Expense Description Amount Reaching Higher: University & College Prep and Application Review Facilitator Jen McMillan $2,000 Sound Technician Speakers, microphones, lighting 400 Permit Fees Permit for George Ashe 390 Food Pre-packaged meals from catering company 210 Contingency *for unexpected expenditures 500 A Black Joy Holiday Experience Permit Fees Permit for Chestnut Hill 1,500 Event Set up/Supplies Tables, table cloths, chairs 500 Entertainment DJ and live performances 2,000 Food Light Refreshments 500 Holiday Baskets/Meal Vouchers Baskets containing foods representative of the Afro- diaspora 2,500 Contingency Unexpected expenditures 500 TOTAL $11,000 These events and initiatives are 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. - 98 - CAO 15-22 Subject: Approval of “Reaching Higher: University & College Prep September 20, 2022 Page 4 and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce 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 commun ity. City of Pickering staff from relevant departments support the Powerfully Informed initiative and events, in principle, subject to various requirements being met by the PABRT in accordance with relevant policy and during the planning and execution of events and community engagements (e.g., via social media). The requirements include, but are not limited to the following: Permit for rental facility Approval of vendors Rental of equipment and supplies Hiring of on-site security 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 At this time, City staff are requesting Council authorization for the PABRT-led initiatives, “Reaching Higher: University & College Prep and Application Review” on November 13, 2022, and “A Black Joy Holiday Experience” on November 27, 2022. Attachment: None. Prepared By: Approved/Endorsed By: Jaclyn San Antonio Mark Guinto Senior Advisor, Equity, Diversity & Inclusion Division Head, Public Affairs & Corporate Communications JSA Original Signed By: Original Signed By: - 99 - CAO 15-22 Subject: Approval of “Reaching Higher: University & College Prep September 20, 2022 Page 5 and Application Review” and “A Black Joy Experience” for the Pickering Anti-Black Racism Taskforce Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By: - 100 - Report to Council Report Number: ENG 21-22 Date: September 20, 2022 From: Richard Holborn Director, Engineering Services Subject: Road Servicing Agreement with Tribute (Liverpool) Limited -Walnut Lane Extension – Design Component -File: A-1440 Recommendation: 1.That the City of Pickering enter into a Road Servicing Agreement with Tribute (Liverpool) Limited to facilitate the design and approvals for the construction of the Walnut Lane extension between Kingston Road and Liverpool Road; 2.That the Mayor and City Clerk are hereby authorized to execute the Road Servicing Agreement between the City of Pickering and Tribute (Liverpool) Limited in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor; 3.That Council authorize the Director, Finance & Treasurer to finance the gross project cost of $727,381.00 (HST included) and net project cost of $655,029.00 (net of HST rebate) as outlined in the Road Servicing Agreement as follows: a)the sum of $163,757.00 to be funded from the City’s DC Share Reserve; b)the sum of $491,272.00 to be funded from the Development Charges Transportation Reserve Fund; and, 4.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: The City of Pickering retained AECOM Canada Ltd. in 2017 to undertake 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 including the proposed development by Tribute (Liverpool) Limited on the west side of Liverpool Road, north of Highway 401. The Class EA study was presented to Council through Report ENG 19-22 at the June 27, 2022 Council meeting. At this meeting through Resolution #946/22, Council endorsed in principle the Draft Environmental Study Report associated with the Class EA study. The Environmental Study Report is being finalized and will be filed for the 30 day public review period, and a Notice of Completion will be issued. Tribute (Liverpool) Limited requires the Walnut Lane extension to be constructed to provide access to their development. In order to advance the construction of the road, Tribute - 101 - September 20, 2022 ENG 21-22 Subject: Road Servicing Agreement with Tribute (Liverpool) Limited Walnut Lane Extension – Design Component Page 2 (Liverpool) Limited has requested to take on the responsibility to undertake the design and approvals required for the project, and fulfill commitments made through the Class EA process related to the design. The estimated cost of design and approvals, in the amount of $643,700.00 (HST extra), was approved in the City’s 2022 Capital Budget and these funds will be made available to Tribute (Liverpool) Limited through the Road Servicing Agreement. All design work will be completed to the City’s satisfaction as the Walnut Lane Extension will become a municipal road upon completion. City staff are recommending that a Road Servicing Agreement with Tribute (Liverpool) Limited be executed to cover all requirements by the City for design and approvals. The Road Servicing Agreement will include an upset limit of $643,700.00 plus HST for the design, as approved in the 2022 Capital Budget – Development Projects (DC Funded) account. The Road Servicing Agreement does not include construction as the current estimated construction cost provided by the City’s Class EA consultant significantly exceeds the amount approved in the 2022 Capital Budget for this component. In order to undertake construction, there will be a requirement to have additional funds approved in the 2023 Capital Budget, and a Road Servicing Agreement with Tribute (Liverpool) Limited for construction will need to be negotiated. Both of these requirements will require future Council approval. Financial Implications: The cost to prepare the Municipal Class Environmental Assessment was approved in the 2017 and 2018 Capital Budgets in the total amount of $461,226.00. AECOM Canada Ltd. was retained by the City of Pickering through Request for Proposal RFP-13-2016 and Report ENG 03-17 (Resolution #294/17) to complete this work. In the 2022 Capital Budget – Development Projects (DC Funded) account, an amount of $6,550,300.00 (net of HST rebate) was approved for the completion of design, approvals, permits and construction of the Walnut Lane extension. The amount included $655,029.00 (net of HST rebate) for consulting soft costs, and $5,895,271.00 (net of HST rebate) for construction costs based on the cost estimate at the time. The most current estimated cost provided by the consultant for the design, construction and inspection/contract administration for the Walnut Lane extension is now $7.7 million due to current market conditions and the requirement for a larger span structure over Pine Creek. The 2022 Development Charges Study as approved by Council at the June 27, 2022 Council meeting reflects the current estimated cost of $7.7 million. As the approved 2022 Capital Budget does not reflect the current cost estimate for construction, only the design and approvals components are being captured in the Road Servicing Agreement. The Road Servicing Agreement will cap the design and approvals cost contribution by the City of Pickering at $643,700.00 plus HST. - 102 - September 20, 2022 ENG 21-22 Subject: Road Servicing Agreement with Tribute (Liverpool) Limited Walnut Lane Extension – Design Component Page 3 1.Service Agreement Amount Road Service Agreement $643,700.00 Total Project Cost (excl taxes) 643,700.00 HST (13%) 83,681.00 Gross Project Cost 727,381.00 HST Rebate (11.24%) (72,352.00) Net Project Cost to City (incl 1.76%) $655,029.00 2.Approved Source of Funds Expense Code Source of Funds Budget Required C10575.1801 City's Share DC Reserve $1,637,575.00 $163,757.00 C10575.1801 DC Transportation Reserve Fund 4,912,725.00 491,272.00 Total $6,550,300.00 $655,029.00 Under/(Over) Approved Funds $5,895,271.00 Discussion: Tribute (Liverpool) Limited has approached City staff requesting permission to undertake the detailed design and acquire approvals and permits for the construction of the Walnut Lane extension in conjunction with their development approvals for rezoning and site plan approval of their lands. Tribute (Liverpool) Limited are actively pursuing approvals through Zoning By-Law application A08/21 and Site Plan application S01/22 for a residential high rise development consisting of three towers on the west side of Liverpool Road, north of Highway 401.The development requires the Walnut Lane extension to be constructed in order to provide access. The design of the Walnut Lane extension between Kingston Road and Liverpool Road is to conform to the approved Municipal Class Environmental Assessment (Class EA) prepared by AECOM Canada Ltd. on behalf of the City of Pickering. The Environmental Study Report (ESR), prepared by AECOM to support the Class EA, was completed in June 2022 and endorsed in principle by Pickering Council at the June 27, 2022 Council meeting through Report ENG 19-22 (Resolution #946/22). AECOM Canada Ltd. is in the process of documenting and inputting comments received by agencies and stakeholders, as well as responses to those comments, prior to issuing the Notice of Completion and filing the ESR. Tribute (Liverpool) Limited is currently soliciting a cost estimate from a reputable design consulting firm that has experience in this scope of work. By entering into a Road Servicing Agreement with the City of Pickering, Tribute (Liverpool) Limited will be able to complete negotiations on the design assignment, and commit to commence the design work. City staff are recommending that a Road Servicing Agreement with Tribute (Liverpool) Limited be executed to cover all requirements by the City for design and approvals. The Road Servicing - 103 - September 20, 2022 ENG 21-22 Subject: Road Servicing Agreement with Tribute (Liverpool) Limited Walnut Lane Extension – Design Component Page 4 Agreement will include an upset limit of $643,700.00 plus HST for the design, as approved in the 2022 Capital Budget – Development Projects (DC Funded) account. The Road Servicing Agreement does not include construction as the current estimated construction cost provided by the City’s Class EA consultant significantly exceeds the amount approved in the 2022 Capital Budget for this component. In order to undertake construction, there will be a requirement to have additional funds approved in the 2023 Capital Budget, and a Road Servicing Agreement with Tribute (Liverpool) Limited for construction will need to be negotiated. Both of these requirements will require future Council approval. Attachments: 1.Draft Road Servicing Agreement 2.Location Map Prepared/Approved/Endorsed By: Original signed by: Richard Holborn Director, Engineering Services Original signed by: Paul Bigioni Director, Corporate Service & City Solicitor Original signed by: Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer RH:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 104 - 3900751-00910990.DOCX:3 This Agreement made the ____ day of ________________, 2022. B E T W E E N: Tribute (Liverpool) Limited (the “Owner”) and The Corporation of the City o f Pickering (the “City”) Whereas the Owner is the owner of certain lands within the City of Pickering, Regional Municipality of Durham which are being developed pursuant to development application S__________; and Whereas as a condition of site plan approval S__________, the Owner has agreed to design that part of the proposed municipal roadway known as Walnut Lane (as described in paragraph 1 hereof), to urban standards, and will include the design for certain applicable services in accordance with the terms of this Agreement. The proposed Walnut Lane is now partially owned by the City and the Owner. The Parties agree as follows: 1.Lands Affected The lands and premises affected by this Agreement are legally described as: (1)part of Lot 23, Concession 1 (Geographic township of Pickering), more particularly designated as Parts 3, 6, 11, 15, 17, 18, 19, 20, 23, 25, 26, 28 and 31 on Plan 40R-● (hereinafter referred to as the “Owner Owned Walnut Lane Lands”); and (2)(A) Part of Lots 23 and 24, Concession 1 Pickering being Part 39, Plan 40R-25448 and Part 5, Plan 40R-26227; (B) Part of Lots 23 and 24, Concession 1 Pickering, being Parts 4 and 6, Plan 40R-26227; (C) Part of Lot 24, Concession 1 Pickering, being Parts 2 and 3 on 40R26227; and (D) Part of Lot 24, Concession 1 Pickering, being Part 7, 40R-25266 and Parts 41, 42 and 43, Plan 40R-25448 (hereinafter collectively referred to as the “City Owned Walnut Lane Lands”). The Owner Owned Walnut Lane Lands and the City Owned Walnut Lane Lands are hereinafter referred to collectively as “Walnut Lane”. 2.Status of this Agreement (1)This Agreement is entered into and executed by the Owner for the purpose of having the City act in reliance on the covenants by the Owner contained herein. (2)Time shall be of the essence of this Agreement. Attachment #1 to Report ENG 21-22 DR A F T - 105 - 2 3900751-00910990.DOCX:3 3.Interpretation (1)Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed accordingly. (2)Wherever in this Agreement the word “Director” is used, it shall mean the City’s Director, Engineering Services. 4.Notice (1)Any notice required in writing in this Agreement shall be delivered to the following address: to the Owner at: 1815 Ironstone Manor Unit 1 Pickering, ON L1W 3W9 Attention: Steve Deveaux, Email: steve.d@mytribute.ca With a copy to the Owner at the above address Attention: Fil Bello, Email: fil.b@mytribute.ca and to the City at: Pickering Civic Complex One The Esplanade Pickering, ON L1V 6K7 Attention: City Clerk, Email: clerks@pickering.ca (2)Notice shall be sufficiently given if delivered in person, sent by registered mail or electronic means using the electronic method set forth above. (3)Each notice shall be sent during normal business hours, on a business day and shall be deemed to have been received as follows: (a)delivered in person – on the day it was delivered; (b)sent by registered mail – on the third business day after it was mailed (excluding each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or DR A F T - 106 - 3 3900751-00910990.DOCX:3 (c)delivered by electronic means – at the time of such delivery. (4)The Owner may change its address for notice by giving notice to the Director in the manner provided above. 5.Binding Parties This Agreement shall be enforceable jointly and severally by and against the parties hereto, their successors and assigns. 6.Owner’s General Undertaking The Owner shall complete the design of the Works, defined in paragraph 8, in a good workmanlike manner in accordance with the terms of this Agreement, inclusive of Schedules “A” and “B”. 7.Design of Walnut Lane Works and Services The Owner shall, at the expense of the City, design or cause to be designed (the “Design Work”) all works and services relating to Walnut Lane in accordance with Schedule “A” and “B” hereto and the approved Municipal Class Environmental Assessment (“MCEA”) and in doing so shall prepare the required drawings and reports in accordance with the City’s existing design criteria, design standards, specifications and procedures (the “Design Criteria”). For the purposes of this Agreement, the Design Work shall include all infrastructure relating to the proposed public roadway known as Walnut Lane (as described in paragraph 1 hereof) which will be used by the public and assumed by the City, all municipal services and other utilities and all component parts thereof. The said works and services are more particularly described in the City’s Engineering Service Report ENG 19-22 and the approved MCEA. The aforesaid infrastructure shall include without limitation the actual road to be constructed, the Pine Creek Crossing Structure, curbs, gutters, sidewalks, storm sewers and storm sewer connectors and associated outfalls, grading, landscaping, street lighting, traffic signals, pavement markings, signage and all appurtenances thereto as set out in Schedule “A” and “B”. 8.Authorization to Commence Work The Owner shall commence the Design Work within a reasonable period of time after execution of this Agreement by the parties. 9.Consulting Engineers (1)The Owner shall retain a Professional Engineer as the Consulting Engineer of the Owner to carry out the Design W ork required pursuant to this Agreement. DR A F T - 107 - 4 3900751-00910990.DOCX:3 (2)Such Consulting Engineer, or any successor thereto, shall continue to be retained until the Design Work is completed and formally approved by the City and by any other regulatory agencies having jurisdiction. (3)The Owner may change from one Consulting Engineer to another at any time or times during the undertaking of the Design Works at no additional cost to the City, so long as the Owner has a Consulting Engineer retained at all times. 10.Engineering Submissions (1)The Owner in conjunction with its Consulting Engineer shall submit all engineering designs comprising the Design Work for review and approval by the City and any other regulatory agencies having jurisdiction to confirm compliance with the Design Criteria. (2)The City acknowledges and agrees that it will review all submissions for approval made by the Owner and provide comments with respect thereto (including all subsequent submissions) in a prompt manner, but no later than forty-five (45) days for the first submission and thirty (30) days after each such submission. 11.City Payment The City shall pay to the Owner all of the Owner’s reasonable costs incurred for the purpose of performing the Design Work as follows: (a)to a maximum of $643,700.00 plus HST for the design, approvals and permits for the Works within thirty (30) days of receiving the Owner’s invoices supported by appropriate progress certifications and back-up documentation satisfactory to the Director; (b)the aforesaid sum of $643,700.00 is based upon the approved City 2022 Current and Capital Budget (FIN 06-22) (which approval includes the Design Works) set out in Council Meeting Minutes dated March 28, 2022 and is subject to upward adjustment, provided such adjustment is subsequently approved by City Council. The Remainder of This Page is Intentionally Blank DR A F T - 108 - 5 3900751-00910990.DOCX:3 In Witness Whereof the Owner and the City have duly executed this Agreement as of the date first written above. Tribute (Liverpool) Limited _____________________________ Name: Title: _____________________________ Name: Title: I/We have the authority to bind the Corporation. The Corporation of the City of Pickering _____________________________ Name: Title: _____________________________ Name: Title: I/We have the authority to bind the Corporation.DR A F T - 109 - Engineering Services - Request for Proposal Requirements Consulting Services - Walnut Lane Extension Page | 1 Requirements: Consulting services for the civil design project - Walnut Lane extension Project To extend the existing portion of Walnut Lane (presently constructed south of Kingston Road) east to Liverpool Road. The project includes all items listed under Scope of Work Scope of Work: The consultant will prepare the road reconstruction design drawings for the existing Walnut Lane section (driveway to the Home Depot etc.) referencing all City of Pickering Design Standards. The consultant will also prepare all road and structure design drawings (from the existing road to Liverpool Road) including watermain extension, sanitary and storm pipes, sidewalk, multi-use path, streetlights, utility relocations, intersection improvements at Liverpool Road and Kingston Road complete with all reports / permits / approvals and cost estimate to allow the City to tender the project for construction. Note: A Further attachment is included from the Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment. In addition to the permitting and approval requirements, there are future commitments / additional investigations that the Class EA recommended to be undertaken during the detailed design, and construction phases of the Project. TRCA commitments are also specifically outlined. Scope of Services - Detailed Design Road Component -Undertake Topographical Survey for the EA preferred design alternative, create Digital Terrain Model and contract sheets - Undertake Geotechnical Investigation report to inform the design of the various elements of the earthworks, crossing abutments, retaining walls, backfill, compaction, pavement structures, foundation and structure elements etc. The consultant will follow the O.Reg 406/19 On-Site and Excess Soil Management Strategy -Prepare plans, profiles, removals, erosion control plans, drainage plans, design sheets, x-sections, details specifications, and schedules in accordance with the City of Pickering, and Region of Durham requirements -Prepare storm, sanitary and watermain drawings -Prepare pedestrian sidewalk/ multi-use-path connections drawings -Prepare streetlight / electrical drawings o Obtain ESA approval Schedule “A” RFP Requirements City of Pickering Engineering Services - Request for Proposal Requirements Consulting Services - Walnut Lane Extension DR A F T - 110 - Engineering Services - Request for Proposal Requirements Consulting Services - Walnut Lane Extension Page | 2 -Prepare construction staging drawings -Prepare traffic staging / management drawings as required -Prepare pavement marking and signage drawings -Prepare landscaping / environmental / restoration drawings -Prepare Utility Location Plan / Preliminary Utility Relocation Plans. Utility corridors will need to be investigated and reviewed with all of the affected agencies o Identify utility relocations or design modification, agree on relocation costs with the respective utility companies and include utility relocation costs in the total estimated project costs. Ongoing liaison and discussion with utilities to ensure relocations are undertaken as planned -Prepare Traffic Signal PHM125 drawings (for any changes / modifications to traffic signals at Liverpool Road / proposed Walnut Lane and Kingston Road / proposed Walnut Lane intersections) as per the MTO and the Region of Durham Guidelines -Consultant shall work in conjunction with the City to contact adjacent landowners for permission of entry / access to private property as necessary for investigation and detailed design preparation -The detailed Design drawings will be submitted in 30%, 60% and 90% design phases for the City / Region / M.T.O. review -Attend 30%, 60%, 90% milestone meetings with City / Region / MTO (assume 8) -Attend Public Information Centre (assume 2) -Attend meeting with Emergency Services to review closures of existing roadways -Attend meetings with the Client to review proposed design, assess any opportunities for enhancements or cost savings, co-ordinate with other team members, identify any additional issues, and obtain concurrence and approval to submit to the City of Pickering, and Region of Durham, TRCA and MTO; (assume bi-weekly meetings for the first 4 months, weekly for next 4 months) -Prepare preliminary and final cost estimates -Tender document with OPSS Contract Form; specs and design according to City of Pickering and Region of Durham standards Scope of Services – Structure Component -Prepare detailed design drawings and specifications – bridge design CBDC / MTO design manual -Prepare structural design report and all associated drawings -Prepare structure details over the Pine Creek o Prepare Draft and Final General Arrangement Drawing and circulate to DR A F T - 111 - Engineering Services - Request for Proposal Requirements Consulting Services - Walnut Lane Extension Page | 3 City for comments - Prepare drainage / SWM drawings and calculations - Determine requirement for Permit to Take Water Permit application and submit if required - Undertake preliminary structural analysis - Prepare preliminary and final cost estimates - Undertake design analysis and design check analysis; - Geotechnical / Environmental coordination for design; - Prepare final cost estimate Scope of Services – Drainage Component Pine Creek Crossing: - Obtain the HEC RAS hydraulic model from TRCA and update the model for the floodplain area between Highway 401 and Kingston Road to reflect “existing updated conditions” for the floodplain elevations - Consultant to provide different bridge crossing alternatives to determine the required bridge span that would be acceptable to TRCA and would not cause any negative impact on floodplain elevations upstream of the proposed bridge, as already recommended by TRCA to avoid flooding of private properties As per the hydraulic memo completed by AECOM, bridge spans of 25m to 36m should not have negative impact on floodplain elevations. Consultant to evaluate these alternatives and determine the acceptable bridge span to TRCA and the City of Pickering Walnut Lane Extension: - The drainage team will complete hydrologic and hydraulic analysis for the proposed road extension to confirm adequate conveyance capacity for both minor and major flows This will include catch basin and manhole locations, design of storm sewer network and location of sewer outlets and flow spread analysis Stormwater Management Design: - The proposed extension of Walnut Lane and the associated bridge crossing of Pine Creek is located within the City of Pickering and is therefore subject to the requirements of City of Pickering Stormwater Management Design Guidelines dated July 2019 and the Toronto and Region Conservation (TRCA) Stormwater Management Criteria dated August 2012 DR A F T - 112 - Engineering Services - Request for Proposal Requirements Consulting Services - Walnut Lane Extension Page | 4 -Stormwater Management (SWM) Criteria for the Site include water “Enhanced” level water quality control (to an 80% TSS removal standard), water quantity (post to pre-development levels) and water balance mitigation to pre-development standards (minimum 5mm of rainfall capture, with associated on-site disposal) -Consultant to; Verify Water Balance, water quantity and Water Quality requirements and acceptable measures with the City of Pickering and TRCA Consult with the Owner on the integration of Low Impact Development (LID) features such as permeable pavers, enhanced landscaping, rainwater harvesting, etc. as well as water quantity control measures such as super-pipes and underground storage tanks Devise a strategy to address the Stormwater Management (SWM) criteria, making full use of the on-site controls (enhanced landscaping, pervious pavement, infiltration systems, OGS units, super-pipes, etc.) Develop a conceptual plan for SWM integration into the Site. Identify soil test locations (as needed) to the Owner’s Geotechnical Consultant for Percolation Tests or other additional Geotechnical Investigations that may be required in support of the SWM measures if LID’s are pursued to satisfy the City and TRCA criteria Provide a comprehensive, detailed SWM strategy based on the Client-approved plan for the roadway and crossing. This will include sizing of the recommended measures and providing cost estimate as required Coordinate the design and integration with the Grading and Servicing Plans Coordinate specific items such as water re-use or infiltration systems with the Structural Consultants and Architects as needed Work with the design team to ensure sufficient rainwater re-use methods are incorporated into the design to satisfy TRCA and City of Pickering water balance requirements Produce a Summary Report with supporting calculations, modelling, and figures to document the above tasks in a manner suitable for review for this design option Address 1 round of comments by the Client in order to refine and finalize the design DR A F T - 113 - 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 Section 16 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 Section 16 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 Section 16 Order (previously referred to as a 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 10-1summarizes the following future commitments / additional investigations 122 Schedule "B" Walnut Lane Extension Kingston Road to Liverpool Road Municipal Class City of Pickering Environmental Assessment - Future Commitments Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report DR A F T - 114 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report recommended to be undertaken during the detailed design, and construction phases of the Project. TRCA commitments are specifically outlined in Section 10.3.2. 123 DR A F T - 115 - DR A F T - 116 - DR A F T - 117 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 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. 126 DR A F T - 118 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 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 127 DR A F T - 119 - City of Pickering Walnut Lane Extension Kingston Road to Liverpool Road – Municipal Class Environmental Assessment DRAFT Environmental Study Report 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. 128 DR A F T - 120 - Ci t y o f P i c k e r i n g Wa l n u t L a n e E x t e n s i o n K i n g s t o n R o a d t o L i v e r p o o l R o a d – M u n i c i p a l C l a s s E n v i r o n m e n t a l A s s e s s m e n t DR A F T E n v i r o n m e n t a l S t u d y R e p o r t 12 9 Ta b l e 1 0 - 2 : A n t i c i p a t e d P e r m i t s a n d A p p r o v a l s Ca t e g o r y Pe r m i t / A p p r o v a l Ti m i n g Te c h n i c a l a n d En g i n e e r i n g Ap p r o v a l s m a y b e r e q u i r e d f o r t e m p o r a r y p r o t e c t i o n a n d / o r p e r m a n e n t r e l o c a t i o n o f ut i l i t i e s a n d p l a n n e d o r f u t u r e u t i l i t i e s / u p g r a d e s . De t a i l e d D e s i g n Te c h n i c a l a n d En g i n e e r i n g Ap p r o v a l w i l l b e r e q u i r e d f r o m D u r h a m R e g i o n f o r t h e d e s i g n o f t h e i n t e r s e c t i o n s a t Ki n g s t o n R o a d a n d L i v e r p o o l R o a d , a n d a Re g i o n a l R o a d o c c u p a n c y p e r m i t i s r e q u i r e d fo r a n y w o r k w i t h i n t h e R e g i o n ’ s r i g h t - o f - w a y . De t a i l e d D e s i g n Te c h n i c a l a n d En g i n e e r i n g MT O a p p r o v a l i s r e q u i r e d f o r t h e i n t e r s e c t i o n a t L i v e r p o o l R o a d , a n d a n M T O p e r m i t wi l l b e r e q u i r e d f o r a n y w o r k w i t h i n t h e H i g h w a y 4 0 1 P e r m i t C o n t r o l A r e a . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t En v i r o n m e n t a l C o m p l i a n c e A p p r o v a l ( E C A ) w i l l b e r e q u i r e d f o r t h e p r o p o s e d s t o r m se w e r s y s t e m a n d o i l g r i t s e p a r a t o r s . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t Pe r m i t t o T a k e W a t e r ( P T T W ) o r r e g i s t r a t i o n o n t h e E n v i r o n m e n t a l A c t i v i t y a n d S e c t o r Re g i s t r y s y s t e m w i l l b e r e q u i r e d i f c o n s t r u c t i o n d e w a t e r i n g e x c e e d s t h e M C E P l i m i t s fo r w a t e r t a k i n g s . Pr i o r t o C o n s t r u c t i o n Na t u r a l En v i r o n m e n t DF O R e q u e s t f o r R e v i e w s h o u l d b e c o m p l e t e d a n d s u b m i t t e d f o r a n y p r o p o s e d i n - wa t e r w o r k s o r w o r k s w i t h i n t h e h i g h - w a t e r m a r k . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t TR C A p e r m i t a p p l i c a t i o n u n d e r O . R e g . 1 6 6 / 0 6 : T R C A R e g u l a t i o n o f D e v e l o p m e n t , In t e r f e r e n c e w i t h W e t l a n d s a n d A l t e r a t i o n s t o S h o r e l i n e s a n d W a t e r c o u r s e s . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t Au t h o r i z a t i o n f r o m M E C P u n d e r t h e E S A w i l l b e r e q u i r e d p r i o r t o c o n s t r u c t i o n i f si g n i f i c a n t r e m o v a l w i t h i n s u i t a b l e b a t S A R r o o s t i n g h a b i t a t ( e . g . , C U W 1 , C U P 3 - 3 a n d FO D 8 - 1 ) t h a t i m p a i r s o r e l i m i n a t e s t h e f u n c t i o n o f t h e h a b i t a t c a n n o t b e a v o i d e d . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t A p e r m i t u n d e r t h e M i g r a t o r y B i r d C o n v e n t i o n A c t ( M B C A ) ( 1 9 9 4 ) i s n o t a n t i c i p a t e d i f th e p r o p e r m i t i g a t i o n m e a s u r e s ( Se c t i o n 9 . 3 . 4 ) a r e i m p l e m e n t e d . De t a i l e d D e s i g n Na t u r a l En v i r o n m e n t Co n f i r m p e r m i t t i n g r e q u i r e m e n t s , i f a n y , o f t h e C i t y o f P i c k e r i n g T r e e P r o t e c t i o n B y - l a w 61 0 8 / 0 3 o n c e t h e f u l l d e t a i l e d t r e e i n v e n t o r y a n d p r e s e r v a t i o n p l a n a r e c o m p l e t e d De t a i l e d D e s i g n DR A F T - 121 - Engineering Services Department DATE: N.T.S. April 25 /2017 Location Map ENG 21-22 -ot,o/·P1CKER1NG Attachment #2 to Report ENG 21-22 - 122 - Report to Council Report Number: ENG 22-22 Date: September 20, 2022 From: Richard Holborn Director, Engineering Services Subject: Bell Fibre To The Home Project -Locate Services Agreement -File: A-1440 Recommendation: 1.That the City of Pickering enter into a Locate Services Agreement with Promark-Telecon Inc. and Bell Canada to facilitate timely underground locates of streetlight infrastructure related to the Bell Fibre To The Home project; 2.That the Mayor and City Clerk be authorized to execute the Locate Services Agreement between the City of Pickering, Promark-Telecon Inc., and Bell Canada in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor; and, 3.That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: Bell Canada has committed to construct a state of the art fibre optic network to residents of the City of Pickering. The project, known as Bell Fibre To The Home (Bell FTTH), will bring broadband internet to approximately 36,000 homes in Pickering requiring approximately 800 km of civil construction on City roads. The civil construction is underway and City staff have been advised by Bell Canada staff that timelines and schedules are being jeopardized due to delay in having streetlight underground infrastructure located by the City’s streetlight maintenance contractor, Alineutility Limited. In discussion with both Alineutility Limited and Bell Canada a satisfactory arrangement has been made whereby Bell Canada, through the services of Promark-Telecon Inc., will take on the responsibility for streetlight locates that are associated with the Bell FTTH project at no cost to the City of Pickering. Alineutility Limited will continue to provide streetlight locates for all other requests in the City. In order to formalize and commence this arrangement between the City of Pickering, Bell Canada and Promark-Telecon Inc., a Locate Services Agreement is to be entered into. City staff recommend that the Locate Services Agreement in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor, be executed by the Mayor and City Clerk. - 123 - ENG 22-22 Subject: Bell Fibre To The Home Locate Services Agreement September 20, 2022 Page 2 Financial Implications: By entering into this agreement for Promark-Telecon Inc. to be the service provider of underground locates at Bell Canada’s cost as the requester, the City of Pickering will not incur any additional costs. The City will actually avoid expenditures typically incurred through the current streetlight maintenance and electrical locates contract for locates that are related to the Bell Fibre To The Home project. Discussion: Bell Canada has committed to construct a state of the art fibre optic network to residents of the City of Pickering. The project, known as Bell Fibre To The Home (Bell FTTH), will bring broadband internet to approximately 36,000 homes in Pickering requiring approximately 800 km of civil construction on City roads. The civil construction is underway and City staff have been advised by Bell Canada staff that timelines and schedules are being jeopardized due to delay in having streetlight underground infrastructure located by the City’s streetlight maintenance and electrical locates contractor, Alineutility Limited. In City staff’s opinion this is no fault of Alineutility Limited as the impact of a project of this magnitude was not contemplated during the tendering process for Tender No. T2021-27 Streetlight Maintenance and Electrical Locates. As much as Alineutility Limited has done their best to keep pace with their resources at hand, the volume of requests has become more than what can be reasonably handled in an efficient manner. Bell Canada has requested assistance from Pickering to de-risk their program and timelines, by having Promark-Telecon Inc. undertake the Pickering Steetlight locates for the Bell FTTH project, at Bell Canada’s cost. Promark-Telecon Inc. is currently the service provider for Bell Canada for other utility locates on the Bell FTTH project in Pickering. Promark-Telecon Inc. is the largest locate service provider (LSP) in Canada with offices in Toronto, Ottawa, Montreal, and Edmonton and has more than 600 locators on staff. Promark is a division of Telecon Inc., one of North America’s largest utility construction, engineering, and field service providers with coverage across Canada and the USA. For 25 years, Canadian infrastructure owners and major utility companies have been trusting Promark-Telecon Inc. to prevent damage to underground infrastructure and avoid costly and potentially dangerous utility conflicts. Promark-Telecon Inc. has over 100 contracts in place with utility owners across Canada and is one of the major contracted LSPs to the Locate Alliance Consortium, a group of utility owners that work together to contract their locating needs to the higher quality locate providers across Ontario. Members of this group include Enbridge, Hydro One, City of Toronto, and various others major utility owners. Specific to Pickering, Promark-Telecon Inc. is already the exclusive contracted LSP to most utility owners in Pickering including Durham Region, Enbridge, Bell, and Elexicon. Also, with regards to streetlight locating, Promark-Telecon Inc. has various contracts in place as the primary LSP including with the City of Toronto and the Town of Ajax. In discussion with both Alineutility Limited and Bell Canada, a satisfactory arrangement has been made whereby Bell Canada, through the services of Promark-Telecon Inc., will take on - 124 - ENG 22-22 Subject: Bell Fibre To The Home Locate Services Agreement September 20, 2022 Page 3 the responsibility for streetlight locates that are associated with the Bell FTTH project only. Alineutility Limited will continue to provide streetlight locates for all other requests in the City, and they have indicated acceptance to this arrangement. In order to formalize this arrangement between the City of Pickering, Bell Canada and Promark-Telecon Inc., a Locate Service Agreement is to be entered into. City staff recommend that the Locate Services Agreement in substantially the same form as attached to this report, subject to minor revisions acceptable to the Director, Engineering Services and the Director, Corporate Services & City Solicitor be executed by the Mayor and City Clerk. Attachments: 1.Draft Locate Service Agreement Prepared/Approved/Endorsed By: Original signed by: Richard Holborn, P.Eng. Director, Engineering Services Original signed by: Paul Bigioni Director, Corporate Service & City Solicitor RH:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer - 125 - 1 Attachment #1 to Report ENG 22-22 LOCATE SERVICES AGREEMENT Effective as of TBD (the “Effective Date”) BETWEEN:PROMARK-TELECON INC., a legal person incorporated under the laws of Canada having its head office at 9500 Boulevard Parkway, Anjou, QC H1J 1N9; Hereinafter referred to as the “Service Provider” AND: AND : The Corporation of the City of Pickering a a municipal corporation having its offices at One The Esplanade, Pickering, ON L1V 6K7; Hereinafter referred to as the “Client” BELL CANAD A, a telecommunications company incorporated under the laws of Canada having its head office at 1 Carrefour Alexander, Graham Bell Tour A-7, Verdun, Quebec, H3E 3B3 Hereinafter referred to as the “Requestor” Hereinafter collectively referred to as the “Parties” and separately a “Party”; ........................................................................................................................................... WHEREAS the Client wishes to retain the services of the Service Provider for the purpose of conducting underground infrastructure locating ; WHEREAS the Service Provider wishes to offer its services and expertise to the Client following the processes provided in Schedule A; WHEREAS the Parties wish to set out in writing the terms of their agreement in this Locate Services Agreement (the “Agreement”); DR A F T - 126 - 2 NOW THEREFORE, T HE PARTIES AGREE AS FOLLOWS: As used herein, “the Agreement”, “this Agreement”, “herein” and “hereto” are references to this Agreement between the Client and the Service Provider and the Schedules attached hereto which form a part hereof and are incorporated herein by reference; The Preamble forms an integral part of this Agreement. 1. DEFINITIONS 1.1 “Contract Documents”: means and includes, for the Project to be undertaken by the Service Provider, 1.1.1 this Agreement, including any schedules and amendments thereto; 1.1.2 the plans, quotes and addendums; 1.1.3 the Request 1.1.4 any other document related to the Project sent from the Client to the Service Provider. 1.2 “Service Provider”: means Promark-Telecon Inc., its employees, its subcontractors and their employees. 1.3 “Requester”: means Bell Canada, its employees, its subcontractors and their employees 1.4 “Client”: means the Client above-mentioned, its employees, its subcontractors and their employees. 1.5 “Business Hours”: means the hours from 7:30am to 4:30pm Monday to Friday, except holidays. 1.6 “Party”: means, in its singular form, individually any once of the above- mentioned Service Provider, Client or Requestor. 1.7 “Parties”: means, in its plural form, together two or more of the above mentioned Service Provider, Client or Requestor. 2. PURPOSE This Agreement establishes the respective obligations of the Parties hereto and specifies certain terms and conditions for the execution of a project to be carried out by the Service Provider; 3. SERVICES 3.1 The Service Provider will provide the following serv ices (the ‘‘Services’’): DR A F T - 127 - 3 a) Identify the location of an underground infrastructure by using pickets, flags or painted strips to mark the ground (‘‘Mark’’ or ‘‘Marking’’) b) Provide a form to the Requester indicating if the locate has been completed and, if applicable, the location of the underground infrastructure (the “Locate Report”). The Services will be provided in accordance with the procedures defined hereunder. 3.2 Requests for locates (the “Locate Request”) will be initiated by a Requester and directly issued from Ontario One -Call to the Service Provider. 3.3 The Client will provide the Service Provider with accurate and up-to -date facility records, in digital format, of all its underground infrastructure owned by the Client. (the ‘‘Supplied Records”). The Client acknowledges and agrees that the requirement to complete the Services in accordance with the terms and conditions of this Agreement is conditional and dependent upon the provision of the Supplied Records. 3.4 The Service Provider will dispatch a damage prevention technician (the “Utility Locator”) to the site to complete the Locate Request. 3.5 Once the Marking is completed, the Utility Locator will close the Locate Request and the Locate Report will be sent directly to the Requester via email or fax, as applicable. A copy of a Locate Report may be sent to the Client, upon request. A Locate Report is valid for the period defined on the Locate Report. 3.6 It is understood that the Service Provider will not open or enter any manhole, catch basin, maintenance vault, or any municipal electrical device including streetlight pole handwell(s) for the purposes of obtaining an electrical connection point or completing a Locate Request. 3.7 The Service Provider will not enter any privately-owned residence, business or other premises to create an electromagnetic connection point for the purposes of completing a Locate Request. 3.8 The Client’s underground infrastructure will be located per the Supplied Records and conventional electromagnetic locating techniques. 3.9 When Supplied Records are unavailable to perform any part of the Services, the Utility Locator will consult with a representative of the Client. Upon such consultation, the Utility Locator may Mark the ground following instructions from the representative of the Client. The Client acknowledges and agrees that the Client waives any obligation, liability, right, claim or demand in either contract or tort arising either directly or indirectly from the Service Provider’s Marking following consultation with a representative of the Client. The Requestor acknowledges and agrees that the requirement to complete the Services in accordance with the terms and conditions of this Agreement is conditional and dependent upon the provision of the Supplied Records or information provided DR A F T - 128 - 4 through the above consultation with a representative of the Client as per Schedule A. 4. TERM OF THE AGREEMENT 4.1 The term of the Agreement shall be from the Effective Date until February 24, 2024 (the “Term”), unless terminated earlier in accordance with this Agreement. 4.2 The initial term may be extended by mutual written agreement upon the same conditions herein for a period of twelve (12) months, unless one Party has delivered to all Parties, at least thirty (30) calendar days prior to the end of the initial term, written notice of its decision not to extend the term. 4.3 The termination of the Agree ment shall not affect the survival and enforceability of any provision of the Agreement which is expressly or implicitly meant to survive such termination. 5. PRICING 5.1 In consideration of the performance of the Service Provider’s obligations in accordance with the terms and conditions of this Agreement, the Requestor agrees to pay the Service Provider the applicable rates set out in the Locate Services Agreement, Contract No. C011330, in force between the Requestor and the Service Provider, for any and all work perfo rmed by the Service Provider under this Agreement. 5.2 All amounts referred to in this Agreement are in Canadian dollars ($CAD) and are payable in Canadian dollars ($CAD) 5.3 The Service Provider shall submit monthly detailed invoices to the Requestor identifying price per segment/unit per utility. 5.4 The Requestor shall pay the Service Provider within thirty (30) days following the issuance of an invoice by the Service Provider. 5.5 The Client shall not be responsible for any payment or non-payment of services provided by the Service Provider in performing a Locate Request under this Agreement. 6. SERVICE PROVIDER’S INSURANCE 6.1 Service Provider shall, at its own expense, maintain and keep in full force for the Term of the Agreement: 6.1.1 commercial general liability insurance having an inclusive coverage limit, including personal injury and property damage, of at least $2,000,000. 6.1.2 automobile liability insurance on all vehicles used in connection with the Agreement or the performance of the Services and such insurance DR A F T - 129 - 5 shall have a limit of at least $2,000,000 in respect of bodily injury (including passenger hazard) and property damage inclusive in any one accident, either in a single policy or a primary policy with an excess or umbrella policy. 7. FORCE MAJEURE “Force Majeure” means any event that causes a failure of or delay in performance of a Party’s obligations under this Agreement to the extent that such event is beyond the reasonable control of the Party or Parties, as the case may be, claiming to be affected, including fire, flood, earthquake, acts of God or similar cataclysmic occurrences, abnormally inclement weather conditions, explosion, acts of public enemy, war, civil unrest, terrorism, riots, quarantines, pandemics, epidemics, embargoes, utility shortage or interruptions, and provided such failure or delay could not have been reasonably anticipated and prevented by reasonable precautions on the part of the Party or Parties claiming to be affected. No Party shall be considered in default of this Agreement if and to the extent a Party or Parties, as the case may be, are prevented from performing its obligations by a Force Majeure event, provided that the affected Party or Parties provide written notice of such circumstance(s) to the other Party or Parties, and makes reasonable and diligent efforts to eliminate and/or mitigate such circumstances. 8. LIMITATION OF LIABILITY 8.1 The Requestor hereby acknowledges and agrees that the Service Provider’s liability is limited to the accuracy and completeness of the Supplied Records and the Service Provider will not be held responsible for any ‘‘unknown’’ underground infrastructure that are not Marked because of the unavailability, incompleteness or inaccuracy of the Supplied Records. 8.2 The Client hereby acknowledges and agrees that the Service Provider shall not be liable to indemnify the Client for any damage to underground infrastructure for a Marking made incorrectly following consultation with a representative of the Client as per Schedule A, except to the extent that any damage to underground infrastructure is caused directly by the Service Provider or Utility Locator’s negligence. 8.3 The Service Provider shall only be held responsible for material damages that are a direct result of inaccurate locating or any other direct negligence on behalf of the Service Provider or Utility Locator. 8.4 The Service Provider shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, including loss of revenue and loss of profits, regardless of the form of action, whether in contract or in tort, including negligence, even if a party has been advised of the possibility of such damages. 9. TERMINATION 9.1 Each of the Parties may terminate this Agreement by giving a written notice of thirty (30) days to all other Parties. If this Agreement is terminated pursuant to this section, and provided the Service Provider is not otherwise in default, the DR A F T - 130 - 6 Requestor shall pay the Service Provider for all Services performed in accordance with the provisions hereof up to the effective date of termination. 10. MISCELLANEOUS PROVISIONS 10.1 Notice . Except as otherwise provided in certain sections of the Agreement, any notice required herein shall be sufficient if it is in writing and sent by a means of communication enabling the sender to prove that the notice was in fact delivered to the recipient at the address set out herein for such Party or at any other addre ss which such Party may provide in writing to the other Party: If to the Service Provider: PROMARK-TELECON INC. 9500 Boulevard Parkway Anjou, QC H1J 1N9 Email: jtrapani@promark-telecon.ca If to the Client: THE CORPORATION OF THE CITY OF PICKERING One The Esplanade Pickering, ON L1V 6K7 Email: clerks@pickering.ca If to the Requestor: BELL CANADA 1 Carrefour Alexander Graham Bell Tour A-7 Verdun, Quebec H3E 3B3 Email: ken.butt@bell.ca 10.2 Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The Parties hereby attorn to the jurisdiction of the courts of the Province of Ontario. 10.3 Counterparts. The Agreement may be signed in several counterparts, and, as the case may be, each of them when so signed shall be deemed to be an original. Such counterparts shall, however, represent one and the same document. 10.4 Amendment. The Agreement may be amended at any time by mutual consent of the Parties. However, any amendment shall be set forth in writing and signed by each of the Parties to the Agreement. It shall take effect on the day of its recording in a written instrument duly signed by the Parties and attached to the Agreement. 10.5 Assignment. This Agreement shall enure to the benefit of, and shall be binding on, the Parties and their respective successors and permitted assigns, provided DR A F T - 131 - 7 that the Parties may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, such consent not to be unreasonably withheld. No such permitted assignment of this Agreement or any of its rights or obligations hereunder shall relieve the Parties from any of their obligations under this Agreement. Assig nment Prohibition. The Parties undertake not to sell, transfer, assign or otherwise dispose of any asset, property, right or privilege granted pursuant herewith. 10.6 Independent Contractors. The Parties hereby confirm that they are entering into the Agreement as independent contractors and that nothing in the Agreement should be interpreted or construed in such a manner as to create a partn ership, joint venture, mandate or employment relation of any kind between them. 10.7 Precedence. The Agreement reflects the entire understanding between the Parties. It supersedes all other written or verbal promises or covenants made prior to its signing in addition to any schedules hereto attached and all amendments agreed upon by the Parties which do not comply with Section 8 of the Agreement. 10.8 Severability. In the event that any provision of the Agreement is deemed to be invalid or unenforceable, such provision shall, whenever possible to do so, be interpreted, construed, limited or if necessary, severed to the extent necessary to eliminate such invalidity or unenf orceability. All the remaining pro visions of the Agreement shall remain valid and continue to bind the Parties. 10.9 Consent. Except as otherwise provided in the Agreement, any consent required herein shall be confirmed in writing. 10.10 Language of the Agreement. The Parties acknowledge that they have required that this Agreement and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais. [Signatures on the following page] DR A F T - 132 - 8 ACCEPTED AND SIGNED THIS ______ DAY OF _________________ 2022. THE CORPORATION OF THE CITY OF PICKERING ________________________ Name: David Ryan, Mayor ________________________ Name: Susan Cassel, City Clerk PROMARK-TELECON INC. ________________________ Name: Josie Trapani Title: Director of Operations BELL CANADA ________________________ Name: Ken Butt Title: Senior Manager, Network Provisioning DR A F T - 133 - 9 SCHEDULE A STATEMENT OF WORK Records: The Client will provide the Service Provider with up-to-date records of all owned buried plant. The locator must review and verify all available records/drawings before completing a locate. If at any time the locator is unable to access any records, they must contact their supervisor to request these files. Procedure: The locator is to use an active locating method such as direct connect to locate any streetlight cables. In the event an active signal cannot be produced a passive signal such as 60hz power mode can be used as well as induction but only in the event it matches the records, and the supervisor is aware of the prescribed method. If at any point for an active or passive signal the tone does not match the records the locator must immediately contact a supervisor so that they can contact the Client for assistance. Marking: All Marking practices will coincide with the ORCGA Best Practices. Demarcation points: Services beyond the demarcation point are customer owned, and the excavator will require a private locate. The locator will contact their supervisor who will in turn contact the Client if assistance is required in identifying demarcation points or asset ownership. If there is any conflicting information regarding ownership the locator must call a sup ervisor for assistance. Tone vs Records: If in the event the locator tones something different than what the records indicate, they must contact their supervisor who will then contact the Client for assistance. In an after-hours emergency, an on-call Client representative will be notified and advise on how to proceed. Marking as per records only: When marking Streetlight as per record only, the locator must indicate that they have marked as per records only by using the below terminology on their sketch. If streetlights are found to be untonable, the locator must call a supervisor for assistance. When there is a conflict with the records, the locator must notify the supervisor to clarify with Client before proceeding to complete the locate. • "Marked as per Client records, hydro-vac or hand dig to verify location". Records Corrections: The Locator must immediately report any discrepancies or errors found in field conditions or Records supplied by Client. Access: Access is prohibited always to the following: manholes, streetlight poles, hydro room, hand wells. If the locator determines they need access, they must contact their supervisor to contact the Client for assistance. –Streetlight Access: If access is required inside of the streetlights, a Client Representative will meet our locator on site and perform the necessary, hook ups for them. In the event the locator can only mark Streetlights by their signal, the Client will take ownership of liability. DR A F T - 134 - Report to Council Report Number: PLN 44-22 Date: September 20, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Lots 297 to 300 and Block 476 within Plan 40M-2734 Recommendation: 1.That Zoning By-law Amendment Application A 06/22, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule within Zoning By-law 7364/14, as amended, to switch the location of the Low Density Residential (LD1) zone and the Open Space (OS) zone boundaries, to reflect the relocation of a village green and residential lots, be approved, and that the draft Zoning By-law Amendment, as set out in Appendix I to Report PLN 44-22, be enacted. Executive Summary: The proposed amendment to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule is to change the boundaries of the Low Density Residential (LD1) zone and the Open Space (OS) zone to reflect the relocation of a village green from an internal location to adjacent to the Natural Heritage System. The amendment is in keeping with the City’s Official Plan policies and the design objectives of the Seaton Sustainable Place-Making Guidelines. Accordingly, staff recommend that Council approve Zoning By-law Amendment Application A 06/22, and enact the zoning by-law provided as Appendix I to this report. Financial Implications: No direct costs to the City are anticipated as a result of the recommendation of this report. Discussion: The purpose of this report is to obtain Council’s approval regarding an application for Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, proposing to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule, to implement modifications to Draft Approved Plan of Subdivision SP-2009-12. The lands within Draft Approved Plan of Subdivision SP-2009-12 are located on the west and east sides of Mulberry Lane, and south of Alexander Knox Road, within the Seaton Community. The development blocks subject to this rezoning application are located on the east side of the draft approved plan, abutting the Natural Heritage System to the east (see Location Map on the next page). - 135 - PLN 44-22 Subject: Mattamy (Seaton) Limited September 20, 2022 Page 2 Figure 1: Location Map During further processing of the draft approved plan, City staff requested that the village green be relocated easterly, to provide a direct connection to the Natural Heritage System (NHS) and future trail system. The purpose of the zoning by-law amendment is to switch the location of the Low Density Residential (LD1) zone and the Open Space (OS) zone categories, to reflect the relocation of the village green and residential lots. A detailed description of the proposal is included in Information Report 10-22, which is provided as Appendix II to this report. The Statutory Public meeting was held on September 6, 2022. No comments were received from the public. The zoning amendment is in keeping with the policies in the Pickering Official Plan and the design objectives of the Seaton Sustainable Place-Making Guidelines. Therefore, it is recommended that the draft implementing zoning by-law, provided as Appendix I to this report, be enacted by Council. - 136 - PLN 44-22 Subject: Mattamy (Seaton) Limited September 20, 2022 Page 3 Appendices Appendix I Recommended Implementing Zoning By-law Amendment A 06/22 Appendix II Information Report 10-22 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 137 - Appendix I to Report PLN 44-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 06/22 - 138 - The Corporation of the City of Pickering By-law No. 7964/22 Being a by-law to amend Restricted Area (Zoning) By-law 7364/14, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part Lot 20, Concession 4, Now 40R-24146, Part 5; and now Lots 297 to 300 and Block 476 within Plan 40M-2734 (A 06/22) Whereas the Council of The Corporation of the City of Pickering received an application to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule for the lands being Part Lot 20, Concession 4, Now 40R-24146, Part 5; and now Lots 297 to 300 and Block 476 within Plan 40M-2734; And whereas an amendment to Zoning By-law 7364/14, as amended, is deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands being Part Lot 20, Concession 4, Now 40R-24146, Part 5, in the City of Pickering, designated “LD1” and “OS” on Schedule I to this By-law. 3.General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4.By-law 7364/14 By-law 7364/14, as amended, is hereby further amended only to the extend necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14, as amended. 5.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. - 139 - By-law No. 7964/22 Page 2 By-law passed this 20th day of September, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 140 - Mu l b e r r y L a n e Clerk Mayor N Schedule I to By-Law 7964/22 Passed This 20th Day of September 2022 LD1 211.6m OS OS 73.5m 75.5m 43 2 . 1 m 54.7m 89.6m 166 . 3 m 76 . 9 m 59.0m46.5m 67.5m 65.8 m 31 . 3 m 8 8 . 1 m 92 . 7 m 27.4m 29 . 8 m - 141 - Appendix II to Report PLN 44-22 Information Report 10-22 - 142 - Information Report to Planning & Development Committee Report Number: 10-22 Date: September 6, 2022 From: Catherine Rose, MCIP, RPP Chief Planner Subject: Zoning By-law Amendment Application A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 1.Purpose of this Report The purpose of this report is to provide preliminary information regarding an application for Zoning By-law Amendment, submitted by Mattamy (Seaton) Limited, to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to implement modifications to Draft Approved Plan of Subdivision SP-2009-12. This report contains background information on the proposed amendment. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification, and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon review of the comments received and revisions to the amendment if necessary. 2.Background Information 2.1 Property Description The lands within Draft Approved Plan of Subdivision SP-2009-12 are located on the west and east sides of Mulberry Lane and south of Alexander Knox Road, within the Seaton Community. The development blocks (Block 476 and Lots 297 to 300 on Figure 1 below) subject to this zoning by-law amendment application are located on the east side of the draft approved plan, abutting the Natural Heritage System to the east (see Location Map and Air Photo Map, Attachments #1 and #2). These lands were draft plan approved by the Ontario Municipal Board (OMB) in early 2014 (see Draft Approved Plan of Subdivision SP-2009-12, Attachment #3). The subdivision agreement for the lands were registered on July 28, 2022. There is a clause within the agreement that states that the development blocks subject to this rezoning application cannot be developed until this rezoning application becomes final and binding. In addition, the agreement acknowledges that the City authorized the owner to develop the village green on behalf of the City, subject to conditions. - 143 - Information Report 10-22 Page 2 2.2 Relocation of the Village Green within the Draft Approved Plan of Subdivision The OMB-approved draft plan shows a village green located at the northeast corner of Honey Locust Place and Sandal Wood Trail. To the east of the village green are residential lots that abut the Natural Heritage System (NHS) to the east (see Figure 1 below, Original Park Layout). During the processing of the plan following draft plan approval, City staff requested that the village green be relocated further east, in order to provide a direct connection to the NHS and future trail system (see Figure 1 below, Revised Park Layout). Figure 1: Original Park Layout and Revised Park Layout - 144 - Information Report 10-22 Page 3 The new location of the village green maintains frontage onto both Honey Locust Place and Sandal Wood Trail. The park has been designed to provide a pedestrian connection between Honey Locust Place and Sandal Wood Trail, as well as future connections to the Primary Neighbourhood Connecting Trail and Secondary Recreation Trail (see Figure 2 below). As a result of the relocation, the size of the village green has increased from 0.17 of a hectare to 0.231 of a hectare, without having to sacrfice a residential lot. The playground area is also further removed and protected from the adjacent roads. Figure 2: Village Green Landscape Plan The purpose of the zoning by-law amendment is to amend the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries to be consisent with the final draft plan. 3.Policy Framework 3.1 Pickering Official Plan The portion of lands subject to this zoning by-law amendment application are designated “Urban Residential Areas – Low Density Areas”. Residential and recreational uses are permitted within this designation. - 145 - Information Report 10-22 Page 4 The Plan states that village greens must have road frontage on three sides, but may be less where other design alternatives are used to achieve public view and access. The park has road frontage onto Honey Locust Place to the north and Sandal Wood Trail to the south. The east side of the park fronts onto a publicly-owned piece of property. This design alternative is desirable as it provides a direct connection to the Natural Heritage System and future trail system. The proposal conforms to the policies within the Pickering Official Plan. 3.2 Seaton Sustainable Place-Making Guidelines In addition to the policies with the Official Plan, the Seaton Sustainable Place-Making Guidelines state that village greens must provide: •formalized paths to connect to pedestrian sidewalks and trails within the Natural Heritage System, and are consistent with pedestrian desire lines; •soft landscaping to serve non-programmed recreational uses; and •facilities such as play structures, splash pads, open informal play areas, seating with shade opportunities as well as community mail boxes and information boards. The proposal achieves the design objectives of the Seaton Sustainable Place-Making Guidelines. 3.3 Zoning By-law 7364/14, as amended The portion of lands subject to this zoning by-law amendment application are zoned “Low Density Type 1 (LD1) Zone” and “Open Space (OS) Zone” within Zoning By-law 7364/14, as amended by By-law 7857/21 (see Figure 3 below, Existing Zoning). Permissible uses within the LD1 Zone include a detached dwelling, semi-detached dwelling, and accessory dwelling unit. Permissible uses within the OS Zone include community gardens, play fields, playgrounds, picnic areas, and public trails and trailheads. The applicant is requesting an amendment to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule to switch the location of the low density residential (LD1) zone and the open space (OS) zone boundaries, to reflect the relocation of the village green and residential lots (see Figure 3 below, Proposed Zoning). - 146 - Information Report 10-22 Page 5 Figure 3: Existing and Proposed Zoning 4.Comments Received 4.1 Public Comments Notice of the Statutory Public Meeting regarding this application was provided through a mailing to all properties within 500 metres of the entire land area of Draft Approved Planof Subdivision SP-2009-12 (in total, notice was mailed to 148 properties). In addition, notice of the Statutory Public Meeting was included in the August 19, 2022 and September 2, 2022 News Advertiser. As of the date of this report, no written or verbal comments have been received from the public. 4.2 Agency Comments The application was circulated to the following agencies for their review and comment: Region of Durham, Toronto and Region Conservation Authority, Bell Canada, Canadian National Railway Properties Inc., Elexicon Energy, Enbridge Gas, Canada Post, Canadian Pacific Railway, Hydro One, Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Catholique MonAvenir, Le Conseil Scolaire de District Du Centre-Ouest, Ontario Power Generation, Trans Northern Pipelines Inc., Rogers Cable and Durham Regional Police. As of the date of this report, comments have been received from the following agencies: 4.2.1 Region of Durham •The Region has reviewed the zoning by-law amendment and have no concerns. - 147 - Information Report 10-22 Page 6 4.2.2 Toronto and Region Conservation Authority (TRCA) •The TRCA supports this application. 4.2.3 Durham District School Board •Staff has reviewed the information on the above-noted application and has no objection to the amendment. 4.2.4 Enbridge Gas •Enbridge Gas Inc. does not object to the proposed application, however we reserve the right to amend our development conditions. 4.3 City Department Comments The application was circulated to the following City departments for their review and comment: Engineering Services, Building Services, Fire Services and Sustainability. As of the date of this report, comments have been received from the following department: 4.3.1 Engineering Services •No concerns with approval of this zoning by-law amendment application. 5.Planning & Design Section Comments The proposed revisions to the Neighbourhood 19: Wilson Meadows Neighbourhood Zoning Schedule conforms to the Pickering Official Plan and the Seaton Sustainable Place-Making Guidelines. Staff will finalize and forward an implementing Zoning By-law to Council for enactment on September 19, 2022. 6.Information Received Copies of the plans and studies submitted in support of the application are listed below and available for viewing on the City’s website at pickering.ca/devapp or at the offices of the City of Pickering, City Development Department: •Cover Letter, prepared by Korsiak Urban Planning, dated June 22, 2022; •Draft Zoning By-law, prepared by Korsiak Urban Planning; •Existing & Proposed Zoning Plan, prepared by Korsiak Urban Planning, dated June 21, 2022; •Landscape Plan, prepared by NAK Design Strategies, dated April 14, 2022; and •Draft Plan of Subdivision, prepared by Macaulay Shiomi Howson Ltd., revised and dated May 31, 2013. - 148 - Information Report 10-22 Page 7 7. Procedural Information 7.1 General • written comments regarding this proposal should be directed to the City Development Department; • oral comments may be made at the Statutory Public Meeting; • all comments received will be noted and used as input to a Recommendation Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council; • any member of the public who wishes to reserve the option to appeal Council’s decision must provide comments to the City before Council adopts any by-law for this proposal; and • any member of the public who wishes to be notified of Council’s decision regarding this proposal must request such in writing to the City Clerk. 8. Owner/Applicant Information The owner of this property is Mattamy (Seaton) Limited, who is represented by Korsiak Urban Planning. Attachments: 1. Location Map 2. Air Photo Map 3. Draft Approved Plan of Subdivision SP-2009-12 Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner IL:ld Date of Report: August 15, 2022 - 149 - Attachment #1 to Information Report 10-22 S tillmead o w L a ne Alexander Knox Road Mu l b e r r y L a n e City Development Department Location MapFile:Applicant:Property Description: A 06/22 Date: Jun. 28, 2022 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5 Lands within Draft Approved Plan of Subdivision SP-2009-12 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_LocationMap.mxd 1:5,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. Portion of Lands Subject to Rezoning - 150 - Attachment #2 to Information Report 10-22 S till m e a d o wLane Alexander Knox Road Holly berry Trail W illowridge Path Mu l b e r r y L a n e Air Photo MapFile:Applicant: Date: Jul. 13, 2022 L:\PLANNING\01-MapFiles\A\2022\A 06-22 Mattamy (Seaton) Limited\A06_22_AirPhoto.mxd 1:5,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department Lands within Draft Approved Plan of Subdivision SP-2009-12 Portion of Lands Subject to Rezoning A 06/22 Mattamy (Seaton) Limited Part Lot 20, Concession 4, Now 40R-24146, Part 5Property Description: - 151 - Attachment #3 to Information Report 10-22 Draft Approved Plan of Subdivision SP-2009-12 City Development Department July 20, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. A 06/22 Mattamy (Seaton) LimitedApplicant: Property Description: DATE: File No: Part Lot 20, Concession 4, Now 40R-24146, Part 5 L:\Planning\01-MapFiles\A\2022 N - 152 - Report to Council Report Number: PLN 45-22 Date: September 20, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Demolition Application Caplink Limited 815 Highway 7 Associated Applications: Draft Plan of Subdivision SP-2022-02 and Zoning By-law Amendment A 04/22 Recommendation: 1.That Council does not object to the Demolition Application, submitted by Caplink Limited, to demolish two barns and two silos located at 815 Highway 7, subject to the following conditions: a.that the materials from Barns 1 and 2, and Silo 1, be salvaged and reused, as outlined in Table 7-1 of Cultural Heritage Resources Documentation Report, 815 Highway 7, prepared by WSP, dated August 22, 2022; b.that the salvaged materials be stored in a covered and secured location; c.that salvaged elements be incorporated into the proposed development with interpretation; and d.that if the salvaged materials cannot be incorporated into the proposed development, the Owner will make best efforts to donate to a public body such as the City of Pickering, Pickering Museum Village, Black Creek Pioneer Village etc.; and deliver at the Owner’s cost, as deemed reasonably fit by the parties; and 2.That the City of Pickering Municipal Heritage Register be updated to record the demolition of the two barns and two silos for lands located at 815 Highway 7. Executive Summary: Caplink Limited has submitted an application to demolish barns and silos located at 815 Highway 7. The removal of the buildings allows the site to be developed for large-scale employment use, located in the Pickering Innovation Corridor, within the Seaton Community. The submitted heritage reports have been completed in keeping with best practices, and they provide a responsible plan for the conservation of the most significant built attributes of the property. Staff recommend that the demolition application be approved, and support the salvage of materials and incorporate the materials into the proposed development with interpretation. Financial Implications: No direct costs to the City are anticipated as a result of the recommendation of this report. - 153 - PLN 45-22 Subject: Caplink Limited September 20, 2022 Page 2 Discussion: 1.Background Caplink Limited (FGF Brands) has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate a food manufacturing facility, located at the southwest corner of Highway 7 and Whites Road, municipally known as 745 and 815 Highway 7 (see Air Photo Map, Attachment #1). The lands are approximately 26 hectares in size, located in the Pickering Innovation Corridor Neighbourhood, within the Seaton Community. The eastern portion of the lands, 815 Highway 7, is occupied by a one-and-a-half-storey brick dwelling (circa 1853), known as the Percy House, and two barns and two silos. The property is listed as a non-designated property on the City of Pickering’s Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act. The Percy House will be relocated to the southeast corner of Highway 7 and a new municipal road, and sited within a landscaped area. The building will be used for a learning centre/office use (see Submitted Conceptual Landscape Plan, Attachment #2). The applicant is proposing to demolish the rear addition to the farmhouse and construct a 185 square metre modern addition. To accommodate the development, the barns and silos are proposed to be demolished, with select building materials to be salvaged for reuse on or off-site. 1.1 The City received a Demolition Application to remove Barns and Silos On August 25, 2022, Caplink Limited submitted a Demolition Application (City File 2022 009639 DP) to demolish/dismantle two barns and two silos on lands located at 815 Highway 7. The location of the barns and silos are shown on the Location Plan of Existing Structures, Attachment #3. 1.2 Demolition requirements under the Ontario Heritage Act The subject lands are listed as a non-designated property on the City of Pickering’s Municipal Heritage Register. Section 27 (9) of the Ontario Heritage Act provides interim protection against demolition in the form of a 60-day delay in issuing a demolition permit. The Ontario Heritage Act requires that the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intention to demolish or remove a building or structure on the lands, and the notice shall include additional information required by the municipality. The City may in that time consider conservation options, including proceeding to designation or removing the property from the Municipal Heritage Register. Council must consult with its municipal heritage committee. - 154 - PLN 45-22 Subject: Caplink Limited September 20, 2022 Page 3 1.3 Documentation and Salvage Plan Submitted Accompanying the Demolition Application, the applicant submitted a Cultural Heritage Resources Documentation Report (CHRDR) (815 Highway 7), prepared by WSP, dated August 22, 2022, and a Heritage Impact Assessment (HIA), prepared by WSP, dated August 19, 2022. The CHRDR (see CHRDR, Attachment #4) provides documentation of the buildings (written, photographic and plan drawings), an itemized list of suggested materials for salvage for each building, and recommendations for how the salvage work should be undertaken. Below are photos from the CHRDR of Barns 1 and 2, and Silo 1. Photo 29: East façade of Barn 1 (WSP, 2022) Photo 43: View of the interior of Barn 1 (WSP, 2022) Photo 63: West elevation of Barn 2 (WSP, 2022) Photo 53: Details of Silo 1 (WSP, 2022) - 155 - PLN 45-22 Subject: Caplink Limited September 20, 2022 Page 4 Section 7 of the CHRDR, Table 7-1, outlines the materials suggested for salvage and reuse. Section 8 of the CHRDR, provides an overview of the opportunities for salvage and reuse of the building materials including: Barns 1 and 2: •stone foundation material; •exterior cladding; •vents; •lightning rods; •wood beams and uprights; and •brick pavers. Silo 1 (Wooden Silo): •all materials from Silo 1. The report recommends the building elements are stored in a covered and secure location, and that salvaged elements are incorporated into the proposed development with interpretation. 2. Analysis 2.1 Heritage Pickering Advisory Committee supports the dismantling of the barns and silos On September 7, 2022, the demolition application was presented to the Heritage Pickering Advisory Committee. The Committee requested that the applicant provide additional information regarding the interim protection of the Percy House prior to the removal of existing trees and other vegetation surrounding the house. They also requested clarification on whether the dismantling of the barn will have an impact on the barn swallows. Heritage Pickering recommended that the request to demolish the barns and silos be approved, subject to the following terms and conditions: 1.That Heritage Pickering Advisory Committee does not object to the submitted Demolition Application (file number 2022 009639 DP) to demolish/dismantle two barns (Barn 1 and Barn 2) and two silos (Silo 1 and Silo 2); 2.That the Municipal Heritage Register be updated to record the demolition of the two barns and two silos; 3.That the materials from Barns 1 and 2 and Silo 1 will be salvaged and reused, as outlined in Table 7-1 of Cultural Heritage Resources Documentation Report (815 Highway 7), dated August 22, 2022, prepared by WSP; 4.That salvaged materials be stored in a covered and secured location, and that salvaged elements are incorporated into the proposed development with interpretation; and - 156 - PLN 45-22 September 20, 2022 Subject: Caplink Limited Page 5 5.That if the salvaged materials cannot be incorporated into the proposed development, the Owner will make efforts to donate to a public body, such as the City of Pickering, Pickering Museum Village, Black Creek Pioneer Village, etc.; and deliver at the Owner’s cost, as deemed reasonably fit by the parties. On September 13, 2022, staff forwarded an email to the Committee from the applicant’s consultants, addressing the additional information requested by the Committee. The applicant has advised that temporary protective fencing around the Percy House will be erected immediately to protect the heritage structure during the removal of vegetation on the property. This fencing will delineate a clear path around the heritage structure for machinery to safely operate. Should any removal of vegetation be required close to the Percy House, a qualified heritage professional will be on-site to monitor and advise. Once the vegetation is removed, permanent protective fencing will be erected in accordance with the Temporary Protection and Mothball Plan, prepared by WSP, dated August 22, 2022. The submitted Environmental Impact Study, prepared by Palmer Environmental, dated June 3, 2022, identified barn swallow nests within the two existing barns on the 815 Highway 7 property. Only one nest was identified as being active. In accordance with Ministry guidelines, the breeding window for barn swallows is between May and August. The barns will be assessed prior to any dismantling of the buildings to ensure the nests are not active, and new habitat will be created prior to the Spring of 2023 in the form of nesting structures. 2.2 Staff support the request to demolish the barns and silos and salvage the materials for potential reuse within the development The City retained Branch Architecture to review the materials and studies submitted in support of the Demolition Application. The reviewer advised that the submitted heritage reports have been completed in keeping with best practices, and that they provide a responsible plan for the conservation of the most significant built attributes of the property. Branch Architecture recommends that the salvaged elements of the two barns and Silo 1 (wood crib silo) is reused and meaningfully integrated into the larger development. Furthermore, the reviewer recommended that Caplink Limited submit a Conservation Plan as part of the ongoing approval process. Staff concur with the analysis and recommendations provided by Branch Architecture. Staff support the request by Caplink Limited to demolish the two barns and silos on the subject lands. The removal of the buildings allows the site to be developed for large-scale employment use, located within a designated employment area within the Seaton Community. Staff support the salvage of materials and incorporate the materials into the proposed development with interpretation. Furthermore, in relation to the greater site redevelopment, staff strongly support the restoration and rehabilitation of the Percy House, and the proposed designation of the property under Part IV of the Ontario Heritage Act. A heritage designation by-law will be presented to Council following the final siting of the Percy House through the site plan review process, and in consultation with the Heritage Pickering Advisory Committee. - 157 - PLN 45-22 Subject: Caplink Limited September 20, 2022 Page 6 Attachments: 1.Location Map 2.Air Photo Map 3.Location Plan of Existing Structures 4.Cultural Heritage Resources Documentation Report (CHRDR) (815 Highway 7), dated August 22, 2022, prepared by WSP Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 158 - Attachment #1 to Report PLN 45-22 Highway 7 W hit es Road 407 Highway Si d e l i n e 2 6 Si d e l i n e 2 8 E n t e rprise Gateway Air Photo MapFile:Applicant:Municipal Address: Date: Jul. 21, 2022 SubjectLands L:\PLANNING\01-MapFiles\SP\2022\SP-2022-02, A 04-22 Caplink Limited\SP-2021-XX_AirPhoto.mxd 1:7,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © 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, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department SP-2022-02 & A 04-22 Caplink Limited 745 Highway 7 and 815 Highway 7 745 Highway 7 815 Highway 7 - 159 - Attachment #2 to Report PLN 45-22 L:\Planning\01-MapFiles\SP\2021 July 20, 2022DATE: Applicant: Municipal Address: File No: Submitted Conceptual Landscape Plan FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 745 Highway 7 and 815 Highway 7 N Manufacturing Plant Manufacturing Plant Manufacturing Plant Manufacturing Plant Distribution Centre Heritage Building Office/Learning Centre - 160 - Attachment #3 to Report PLN 45-22 L:\Planning\01-MapFiles\SP\2021 Sept 7, 2022DATE: Applicant: Municipal Address: File No: Location Map of Existing Structures FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. City Development Department SP-2022-02 & A 04/22 Caplink Limited 815 Highway 7 N - 161 - Attachment #4 to Report PLN 45-22 CAPLINK LIMITED PROJECT NUMBER: 221-03925-01 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT 815 HIGHWAY 7, PICKERING ONTARIO AUGUST 22, 2022 DRAFT - 162 - CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT 815 HIGHWAY 7, PICKERING CALPLINK LIMITED DRAFT PROJECT NO.: 221-03925-01 DATE: AUGUST 22, 2022 WSP 582 LANCASTER STREET WEST KITCHENER, ON N2K 1M3 T: +1 519 743 8777 WSP.COM - 163 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page iii S I G N A T U R E S PREPARED BY DRAFT Emily Game, BA Cultural Heritage Specialist August 22, 2022 Date APPROVED1 BY DRAFT Joel Konrad, PhD, CAHP, Cultural Heritage Lead - Ontario August 22, 2022 Date WSP Canada Inc. (“WSP”) prepared this report solely for the use of the intended recipient in accordance with the professional services agreement between the parties. In the event a contract has not been executed, the parties agree that the WSP General Terms for Consultant shall govern their business relationship which was provided to you prior to the preparation of this report. The report is intended to be used in its entirety. No excerpts may be taken to be representative of the findings in the assessment. The conclusions presented in this report are based on work performed by trained, professional and technical staff, in accordance with their reasonable interpretation of current and accepted engineering and scientific practices at the time the work was performed. The content and opinions contained in the present report are based on the observations and/or information available to WSP at the time of preparation, using investigation techniques and engineering analysis methods consistent with those ordinarily exercised by WSP and other engineering/scientific practitioners working under similar conditions, and subject to the same time, financial and physical constraints applicable to this project. WSP disclaims any obligation to update this report if, after the date of this report, any conditions appear to differ significantly from those presented in this report; however, WSP reserves the right to amend or supplement this report based on additional information, documentation or evidence. WSP makes no other representations whatsoever concerning the legal significance of its findings. The intended recipient is solely responsible for the disclosure of any information contained in this report. If a third party makes use of, relies on, or makes decisions in accordance with this report, said third party is solely responsible for such use, reliance or decisions. W SP does not accept responsibility for damages, if any, suffered by any third party as a result of decisions made or actions taken by said third party based on this report. WSP has provided services to the intended recipient in accordance with the professional services agreement between the parties and in a manner consistent with that degree of care, skill and diligence normally provided by members of the same profession performing the same or comparable services in respect of projects of a similar nature in similar circumstances. It is understood and agreed by WSP and the recipient of this report that WSP provides no warranty, express or implied, of any kind. Without limiting the generality of the foregoing, it is agreed and understood by WSP and the recipient of this report that WSP makes no representation or warranty whatsoever as to the sufficiency of its scope of work for the purpose sought by the recipient of this report. In preparing this report, WSP has relied in good faith on information provided by others, as noted in the report. WSP has reasonably assumed that the information provided is correct and WSP is not responsible for the accuracy or completeness of such information. Benchmark and elevations used in this report are primarily to establish relative elevation differences between the specific testing and/or sampling locations and should not be used for other purposes, such as grading, excavating, construction, planning, development, etc. The original of this digital file will be kept by WSP for a period of not less than 10 years. As the digital file transmitted to the intended recipient is no longer under the control of WSP, its integrity cannot be assured. As such, WSP does not guarantee any modifications made to this digital file subsequent to its transmission to the intended recipient. This limitations statement is considered an integral part of this report. 1 Approval of this document is an administrative function indicating readiness for release and does not impart legal liability on to the Approver for any technical content contained herein. Technical accuracy and fit -for-purpose of this content is obtained through the review process. The Approver shall ensure the applicable review process has occurred prior to signing the document. - 164 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page iv C O N T R I B U T O R S CLIENT Contact Martin Ng CapLink Limited 1295 Ormont Drive Toronto, ON M9L 2W6 WSP Project Manager Emily Game, B.A. Cultural Heritage Specialist Report Preparation Emily Game, B.A. Field Review Chelsey Tyers, BES, MCIP, RPP Cultural Heritage Specialist Claire Forward, (Hons.), M.A., M.Sc. Cultural Heritage Specialist Mapping/GIS Tanya Peterson, B.A. (Hons) Senior GIS Technician Miranda Gilliland GIS Analyst Report Review Joel Konrad, PhD, CAHP Cultural Heritage Lead, Ontario Cultural Heritage Specialist - 165 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page v EXECUTIVE SUMMARY WSP was retained by the Biglieri Group on behalf of CapLink Limited to complete a Cultural Heritage Resource Documentation Report (CHRDR) for the property located at 815 Highway 7 in the City of Pickering. The report was undertaken to accompany the submission of a Site Plan Application. CapLink Limited is proposing to develop a 23.8-hectare parcel of land that consists of two properties on Highway 7, including: 815 and 745 Highway 7 (the project location). The proposed development consists of the phased construction of five industrial buildings as part of the development of the FGF Pickering Manufacturing Campus. CapLink Limited plans to demolish the addition connected to the Percy House due to structural and architectural deficiencies and relocate the Percy House to a new location. The two barns (Barn 1 and Barn 2) and two silos (Silo 1 and Silo 2) will be demolished and materials from Barns 1 and 2 and Silo 1 will be salvaged. The property at 815 Highway 7 is comprised of a one-and-a-half storey Ontario Cottage (the Percy House) with Neo-Classical and Georgian influences, constructed of brick in 1853, as well as two Central Ontario bank barns and two silos. The subject property is listed as a non-designated property on the City of Pickering’s Municipal Heritage Register pursuant to Section 27 (1.2) of the Ontario Heritage Act. A Heritage Impact Assessment (HIA) was completed by WSP (WSP, 2022), and identified impacts to the subject property as well as outlined a range of mitigation measures such as adaptive reuse, relocation, demolition, salvage of brick or other material before building removal etc. Ultimately, the HIA determined that the proposed design would have direct adverse impacts on the heritage attributes of the subject property. Retention of the buildings in situ was demonstrated to be unfeasible, as such, the HIA recommended a CHRDR be completed by a Qualified Heritage Professional. As the City of Pickering does not have guidance for completing CHRDRs, this CHRDR was prepared according to the Ontario Ministry of Transportation’s Environmental Guide for Built Heritage and Cultural Heritage Landscapes (November 2007), Section 6.3.1.4 Cultural Heritage Resource Documentation Report for Built Heritage Resources. This report provides an archival record of the subject building according to the Environmental Guide for Built Heritage and Cultural Heritage Landscapes and should be deposited with the City of Pickering’s Heritage Planning staff and the Archives at Pickering Public Library. The subject property will be impacted by the construction of the FGF Pickering Manufacturing Campus and as a result, WSP makes the following recommendations: 1 The destination of salvaged materials outlined in Table 7-1 should be determined prior to the initiation of any salvage process. 2 Contract documentation should include information regarding the CHVI of the aforementioned properties, specifically the List of Heritage Attributes. 3 The salvaged materials should be stored in a covered and secured location until they can be used. 4 Consideration should be given to the incorporation of salvaged materials, such as brick and beams, into the proposed development. 5 Incorporation of salvaged materials into the proposed development should be accompanied by interpretation, (i.e. a plaque or other commemoration device), so residents and visitors can understand the provenance of the materials. - 166 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page vi 6 The chosen contractor should propose an approach for the labelling and storage of materials salvaged until they can be incorporated into the proposed development or donated to an architectural salvage. 7 Materials should only be salvaged if they are suitable for re-use in other buildings or projects. As a result, the material must be not irreparably damaged or infested. 8 Materials should be extracted in a way that ensures they will not be irreparably damaged. 9 A copy of this report should be provided to municipal Planning Staff for review and once finalized, submitted to the Archives at Whitby Public Library. - 167 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page vii 1 INTRODUCTION ........................................... 10 2 CONTEXT AND METHODOLOGY ............... 14 2.1 Provincial Policy Context ......................................... 14 2.1.1 The Ontario Planning Act and Provincial Policy Statement .............. 14 2.1.2 Ontario Heritage Act...................................................................... 15 2.1.3 Environmental Guide for Built Heritage and Cultural Heritage Landscapes .................................................................................. 15 2.1.4 City of Pickering OFficial Plan ........................................................ 16 3 PROJECT CONTEXT ................................... 18 4 HISTORICAL CONTEXT ............................... 19 4.1 Pre-European Contact Period .................................. 19 4.2 Pre-Confederation Treaties ...................................... 20 4.3 Ontario County.......................................................... 20 4.4 Pickering Township .................................................. 21 4.5 Community of Whitevale .......................................... 22 4.6 Community of Green River ....................................... 22 4.7 Site Specific History: 815 Highway 7, Pickering ...... 23 5 STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST ................................. 26 5.1 Context: 815 highway 7 ............................................ 26 5.1.1 Statement of Cultural Heritage Value or Interest ............................. 26 5.1.2 Heritage Attributes ........................................................................ 26 6 DOCUMENTATION OF THE SUBJECT PROPERTY................................................... 29 6.1 Context ...................................................................... 29 6.1.1 Percy House, Rear Addition .......................................................... 29 6.1.1.1 Exterior 29 6.1.1.2 Interior 30 6.1.2 Bank Barn 1 ................................................................................. 33 - 168 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page viii 6.1.2.1 Exterior 33 6.1.2.2 Interior 34 6.1.3 Silo 1 ............................................................................................ 34 6.1.4 Bank Barn 2 ................................................................................. 36 6.1.4.1 Exterior 36 6.1.4.2 Interior 36 7 SALVAGE OPPORTUNITIES ....................... 70 7.1 Artifact Curation and Reuse ..................................... 70 7.1.1 Suggested Materials for Salvage ................................................... 70 8 RECOMMENDATIONS ................................. 75 BIBLIOGRAPHY ...................................................... 77 TABLES TABLE 7-1: SALVAGEABLE MATERIALS: 815 HIGHWAY 7, PICKERING ONTARIO ........................................................ 71 FIGURES FIGURE 1: PROJECT LOCATION ............................ 11 FIGURE 2: LOCATION OF STUDY AREA ................ 12 FIGURE 3: MAP OF EXISTING CONDITIONS ......... 13 FIGURE 4: FLOOR PLAN OF THE PERCY HOUSE ADDITION WITH PHOTO LOCATIONS .................... 32 FIGURE 5: FLOOR PLAN OF THE LOWER LEVEL OF BARN 1 AND SILO 1 WITH PHOTO LOCATIONS .... 35 FIGURE 6: FLOOR PLAN OF THE LOWER LEVEL OF BARN 2 WITH PHOTO LOCATIONS ........................ 37 FIGURE 7: ILLUSTRATED HISTORICAL ATLAS OF THE COUNTY OF PICKERING (J.H. BEERS & CO., 1877) ........................................................................ 80 FIGURE 8: 1877 ILLUSTRATED HISTORICAL ATLAS OF ONTARIO COUNTY, PICKERING TOWNSHIP ... 81 FIGURE 9: 1914 TOPOGRAPHIC MAP .................... 82 FIGURE 10: 1933 TOPOGRAPHIC MAP .................. 83 FIGURE 11: 1943 TOPOGRAPHIC MAP .................. 84 FIGURE 12: 1954 AERIAL IMAGE............................ 85 FIGURE 13: 2000 AERIAL IMAGE............................ 86 - 169 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page ix APPENDICES A HISTORICAL MAPPING - 170 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 10 1 INTRODUCTION WSP was retained by the Biglieri Group on behalf of CapLink Limited to complete a Cultural Heritage Resource Documentation Report (CHRDR) for the property located at 815 Highway 7 in the City of Pickering. The report was undertaken to accompany the submission of a Site Plan Application for the 23.8-hectare development of two properties on Highway 7, including: 815 and 745 Highway 7 (the project location), which is proposing the phased construction of five industrial buildings as part of the development of the FGF Pickering Manufacturing Campus. The property at 815 Highway 7 is comprised of a one-and-a-half storey Ontario Cottage (the Percy House) with Neo-Classical and Georgian influences, constructed of brick in 1853, as well as two Central Ontario bank barns and two silos. The subject property is listed as a non-designated property on the City of Pickering’s Municipal Heritage Register pursuant to Section 27 (1.2) of the Ontario Heritage Act. A Heritage Impact Assessment (HIA) was completed by WSP (WSP, 2022), and identified impacts to the subject property as well as outlined a range of mitigation measures such as adaptive reuse, relocation, demolition, salvage of brick or other material before building removal etc. Ultimately, the HIA determined that the proposed design would have direct adverse impacts on the heritage attributes of the subject property. Retention of the buildings in situ was demonstrated to be unfeasible, as such, the HIA recommended a CHRDR be completed by a Qualified Heritage Professional. As the City of Pickering does not have guidance for completing CHRDRs, this report was prepared according to the Ontario Ministry of Transportation (MTO) Environmental Guide for Built Heritage and Cultural Heritage Landscapes (November 2007), Section 6.3.1.4 Cultural Heritage Resource Documentation Report for Built Heritage Resources. This report provides an archival record of the aforementioned structures according to the Environmental Guide for Built Heritage and Cultural Heritage Landscapes. A field review was conducted as part of the CHRDR on August 5, 2022, by Chelsey Tyers and Claire Forward, Cultural Heritage Specialists with WSP. Photographs taken on April 29, 2022, and May 4, 2022 were also used in the preparation of this report. The CHRDR follows guidance set out in the MTO’s Environmental Guide for Built Heritage and Cultural Heritage Landscapes (MTO, 2007) and will provide: •a historical overview of the context of the subject property; •a physical description of the existing landscape and the former landscape; •representative photographs of the site and its associated built heritage resources; •photographic key plan, not to scale; •recent aerial photography, historical aerial photography and available topographic mapping, existing and historical mapping as available; and •a site plan of the landscape showing all built heritage resources and any other character-defining elements, as needed, to graphically illustrate the site. - 171 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 14 2 CONTEXT AND METHODOLOGY 2.1 PROVINCIAL POLICY CONTEXT 2.1.1 THE ONTARIO PLANNING ACT AND PROVINCIAL POLICY STATEMENT The Planning Act (1990) and the Provincial Policy Statement (PPS) (Ministry of Municipal Affairs and Housing (MMAH), 2020) issued under Section 3 of the Planning Act, provide Ontario-wide policy direction on land use planning. All decisions affecting land use planning “shall be consistent with” the PPS, which identifies that properties and features demonstrating significant architectural, cultural, historical, archaeological, technical, or scientific interest are of provincial interest and should be conserved. The importance of identifying, evaluating, and conserving built heritage resources and cultural heritage landscapes is noted in two sections of the PPS: — Section 2.6.1 – “Significant built heritage resources and significant heritage landscapes shall be conserved”; and, — Section 2.6.3 – “Planning authorities shall not permit development and site alteration on adjacent lands to protected heritage property except where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved.” The following concepts, as defined in the PPS, are fundamental to an understanding of the conservation of cultural heritage resources in Ontario: Built heritage resources (BHR) are defined as “a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Indigenous community. Built heritage resources are located on property that may be designated under Parts IV or V of the Ontario Heritage Act, or that may be included on local, provincial, federal and/or international registers.” Conserved is defined as “the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision-maker. Mitigative measures and/or alternative development approaches can be included in these plans and assessments.” Cultural heritage landscapes (CHL) “means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act, or have been included on federal and/or international registers, and/or protected through official plan, zoning by-law, or other land use planning mechanisms.” Heritage attributes “means the principal features or elements that contribute to a protected heritage property’s cultural heritage value or interest, and may include the property’s built, constructed, or manufactured elements, as well as natural landforms, vegetation, water features, and its visual setting (e.g. significant views or vistas to or from a protected heritage property).” - 175 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 15 Significant means “in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act.” 2.1.2 ONTARIO HERITAGE ACT The OHA gives municipalities and the provincial government powers to preserve the heritage of Ontario, with a primary focus on protecting heritage properties and archaeological sites. The OHA grants authority to municipalities and the province to identify and designate properties of heritage significance, provide standards and guidelines for the preservation of heritage properties and enhance protection of heritage conservation districts, marine heritage sites and archaeological resources. Properties can be designated individually (Part IV of the OHA) or as part of a larger group of properties, known as a Heritage Conservation District (Part V of the OHA). Designation offers protection for the properties under Sections 33 and 34 of the OHA, prohibiting the owner of a designated property from altering, demolishing or removing a building or structure on the property unless the owner applies to the council of the municipality and receives written consent to proceed with the alteration, demolition or removal. In addition to designated properties, the OHA allows municipalities to list properties that are considered to have Cultural Heritage Value or Interest (CHVI) on their Register, which provides interim protection against demolition in the form of a 60-day delay in issuing a demolition permit. Under Part IV, Section 27, municipalities must maintain a Register of properties situated in the municipality that are of CHVI. Section 27 (1.1) states that the Register shall be kept by the Clerk and that it must list all designated properties (Part IV and V). Under Section 27 (1.2), the Register may include a property that has not been designated, but that the municipal council believes to possess CHVI. Listed properties, although recognized as having CHVI, are not protected under the OHA against demolition or unsympathetic alteration as are designated properties but are acknowledged under Section 2 of the PPS (MMAH, 2020). 2.1.3 ENVIRONMENTAL GUIDE FOR BUILT HERITAGE AND CULTURAL HERITAGE LANDSCAPES The MTO’s Environmental Guide for Built Heritage and Cultural Heritage Landscapes (MTO, 2007) states that where a resource is to be relocated or demolished, a full historical site research, photographic and map recording, and documentation of the resource to be displaced or disrupted should be completed. The following tasks were undertaken as part of the CHRDR for 815 Highway 7: •A general description of the history of the study area as well as a detailed historical summary of property ownership and building(s) development; •A description of the building’s exterior and interior; •Overall dimensional measurements of the exterior of a building or structure; •Representative photographs of the exterior (front, back and side views) of a building or structure; •Detail photography of character-defining architectural resources or elements on the exterior of a building; •Photographic key plans of the exterior of the building, not to scale; and •A site plan. - 176 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 16 2.1.4 CITY OF PICKERING OFFICIAL PLAN The City of Pickering Official Plan (2018) provides cultural heritage conservation policies in Chapter 8. The following policies provide guidance for development proposals that may impact cultural heritage resources. 8.2 City Council shall: (a) identify important cultural heritage resources from all time periods, so that they can be appropriately conserved and integrated into the community fabric, including: (i) significant heritage structures, features and sites; (ii) buildings, sites, and artifacts of historical, archaeological and architectural significance including modern or recent architecture; (iii) significant landscape features and characteristics, including vistas and ridge lines; and (iv) other locally important cultural heritage resources; (b) foster public awareness and appreciation of the City’s cultural heritage; (c) prevent the demolition, destruction or inappropriate alteration of important cultural heritage resources to the extent possible; (d) where possible, restore, rehabilitate, maintain and enhance important cultural heritage resources owned by the City, and encourage the same for those owned by others; (e) where possible, ensure development, infrastructure, capital works and other private and public projects conserve, protect and enhance important cultural heritage resources; and (f) involve the public, business-people, landowners, local heritage experts, heritage committees, relevant public agencies, and other interested groups and individuals in cultural heritage decisions affecting the City. Cooperation with Others 8.3 City Council shall: (a) assist in identifying, protecting and promoting cultural heritage resources in the municipality, in cooperation with Federal, Provincial and Regional levels of government, as well as private agencies and individuals; (b) consult with its local architectural conservation advisory committee and other heritage committees, and participate with these committees and others in protecting important heritage resources, as necessary, through assembling, resale, public-private partnerships, acquisition or other forms of involvement; (c) ensure that plans, programs and strategies prepared by or for the City and its boards or commissions, shall respect the character and significance of the City’s heritage resources; and (d) use and encourage the use of available government and non-government funding and programs to assist in cultural heritage resource conservation. Ontario Heritage Act - 177 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 17 8.4 City Council, in consultation with its heritage committee, where warranted shall implement the provisions of the OHA, including the designation under the Act of heritage sites and heritage districts. Cultural Heritage Inventory 8.7 City Council, in association with its heritage committee, shall: (a) conduct an inventory of heritage resources owned by the City, its boards and commissions, and establish an overall program for the maintenance, use, reuse or, if warranted, disposal of these resources; (b) maintain an inventory of heritage resources designated or worthy of designation under the OHA; and (c) store and disseminate cultural heritage resource inventories and databases in convenient and publicly accessible locations and formats, and maintain an archive of heritage conservation information. Cultural Heritage Alteration and Demolition 8.8 City Council, in consultation with its heritage committee, shall: (a) allow alterations, additions or repairs to buildings designated under the OHA, provided the changes to the building do not detrimentally affect the heritage value; (b) allow new buildings, or alterations, additions or repairs to existing buildings within a Heritage Conservation District that are consistent with the District Conservation Guidelines; (c) discourage or prevent the demolition or inappropriate alteration of a heritage resource, but where demolition or inappropriate alteration is unavoidable: (i) consider the acquisition and conservation of the resource; and (ii) if acquisition is not possible, conduct a thorough review and documentation of the resource for archival purposes; and (d) ensure that designated cultural heritage buildings, and other important cultural heritage resources that are vacant for an extended period of time are inspected regularly to discourage vandalism and monitor conformity with the City’s Maintenance and Occupancy By-law. Guidelines for Use and Reuse 8.9 City Council shall consider the following guidelines on the use and reuse of heritage resources: (a) maintain, if possible, the original use of heritage structures and sites, and if possible, retain the original location and orientation of such structures; (b) where original uses cannot be maintained, support the adaptive reuse of heritage structures and sites to encourage resource conservation; and (c) where no other alternative exists for maintaining heritage structures in their original locations, allow the relocation of the structure to appropriate sites or areas. - 178 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 18 3 PROJECT CONTEXT The proposed development concept for the project location consists of five food manufacturing buildings on the lot, to be built in two phases with Buildings 1, 2, and 3 constructed first, followed by Buildings 4 and 5. The lot is currently zoned Rural Agricultural, however, it is designated Prestige Employment and Seaton Natural Heritage System in the Pickering Official Plan. The total site area for the proposed development is 23.8 hectares with frontage on Highway 7 and Whites Road. The building footprints are approximately 21,471 (Building 1), 23,378 m2 (Building 2), 21,471 m2 (Building 3), 21,471 m2 (Building 4), and 9,858 m2 (Building 5). The site will contain approximately 87 truck loading bays, 690 parking stalls and 120 spaces for trailer parking. Vehicular access is proposed via signalized access point from Highway 7 with proposed municipal roads providing access to the proposed development. - 179 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 19 4 HISTORICAL CONTEXT 4.1 PRE-EUROPEAN CONTACT PERIOD The first populations to occupy Southern Ontario are referred to as Paleoindians (Ellis and Deller, 1990:39). Paleo period populations moved into the region following the retreat of the Laurentide Ice Sheet approximately 11,000 years before present (BP). Early Paleo period groups are identified by their distinctive projectile point morphologies, exhibiting long grooves, or ‘flutes’, that likely functioned as a hafting mechanism. These Early Paleo group projectile morphologies include Gainey (c.10,900 BP), Barnes (c.10,700 BP), and Crowfield (c.10,500 BP) (Ellis and Deller, 1990:39-43). By approximately 10,400 BP, Paleo projectile points transitioned to various un-fluted varieties such as Holocombe (c.10,300 BP), Hi-Lo (c.10,100 BP), and Unstemmed and Stemmed Lanceolate (c.10,400 to 9,500 BP). These morphologies were utilized by Late Paleo period groups (Ellis and Deller, 1990:40). Both Early and Late Paleo period populations were highly mobile, participating in the hunting of large game animals. Paleo period sites often functioned as small campsites (less than 200 m2) where stone tool production and maintenance occurred (Ellis and Deller, 1990). By approximately 8,000 BP the climate of Ontario began to warm. As a result, deciduous flora began to colonize the region. With this shift in flora came new faunal resources, resulting in a transition in the ways populations exploited their environments. This transition resulted in a change of tool-kits and subsistence strategies recognizable in the archaeological record, resulting in what is referred to archaeologically as the Archaic period. The Archaic period in Southern Ontario is dived into three phases: the Early Archaic (c.10,000 to 8,000 BP), the Middle Archaic (c.8,000 to 4,500 BP) and the Late Archaic (c.4,500 to 2,800 BP) (Ellis et al., 1990). The Archaic period is differentiated from earlier Paleo populations by several traits such as: 1) an increase in tool stone variation and reliance on local tool stone sources, 2) the emergence of notched and stemmed projectile point morphologies, 3) a reduction in extensively flaked tools, 4) the use of native copper, 5) the use of bone tools for hooks, gorges, and harpoons, 6) an increase in extensive trade networks and 7) the production of ground stone tools. Also noted is an increase in the recovery of large woodworking tools such as chisels, adzes, and axes (Ellis and Deller, 1990:65- 66). The Archaic period is also marked by population growth. Archaeological evidence suggests that by the end of the Middle Archaic period (c.4,500 BP) populations were steadily increasing in size (Ellis et al., 1990). Over the course of the Archaic period populations began to rely on more localized hunting and gathering territories. By the end of the Archaic period, populations were utilizing more seasonal rounds. From spring to fall, settlements would exploit lakeshore/riverine locations where a broad-based subsistence strategy could be employed, while the late fall and winter months would be spent at interior site where deer hunting was likely a primary focus with some wild edibles likely being collected (Ellis and Deller, 1990:114). This steady increase in population size and adoption of a more localized seasonal subsistence strategy eventually evolved into what is termed the Woodland period. - 180 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 20 The Woodland period is characterized by the emergence of ceramic technology for the manufacture of pottery. Like the Archaic period, the Woodland period is separated into three primary timeframes: the Early Woodland (approximately 800 BC to 0 AD), the Middle Woodland (approximately 0 AD to 700/900 AD) and the Late Woodland (approximately 900 AD to 1600 AD) (Spence et al., 1990; Fox, 1990). The Early Woodland period is represented in Southern Ontario by two different cultural complexes: the Meadowood Complex (c. 900 to 500 BC) and the Middlesex Complex (c. 500 BC to 0 AD). During this period the life ways of Early Woodland population differed little from that of the Late Archaic with hunting and gathering representing the primary subsistence strategies. The pottery of this period is characterized by its relatively crude construction and lack of decorations. These early ceramics exhibit cord impressions, likely resulting from the techniques used during manufacture (Spence et al., 1990). The Middle Woodland period is differentiated from the Early Woodland period by changes in lithic tool morphologies (projectile points) and the increased elaboration of ceramic vessels (Spence et al., 1990). In Southern Ontario, the Middle Woodland is observed in three different cultural complexes: the Point Peninsula Complex to the north and northeast of Lake Ontario, the Couture Complex near Lake St. Claire and the Saugeen Complex throughout the remainder of Southern Ontario. These groups can be identified by their use of either dentate or pseudo-scalloped ceramic decorations. It is by the end of the Middle Woodland period that archaeological evidence begins to suggest the rudimentary use of maize (corn) horticulture (Warrick, 2000). The adoption and expansion of maize horticulture during the Late Woodland period allowed for an increase in population size, density, and complexity among Late Woodland populations. As a result, a shift in subsistence and settlement patterns occurred, with the adoption of a more sedentary village life and reliance on maize horticulture, with beans, squash and tobacco also being grown. Nearing the end of the Late Woodland Period (approximately 1400 AD) villages reached their maximum size. During this period, increased warfare resulted in the development of larger villages with extensive palisades. Early contact with European settlers at the end of the Late Woodland, Late Ontario Iroquoian period resulted in extensive change to the traditional lifestyles of most populations inhabiting Southern Ontario. 4.2 PRE-CONFEDERATION TREATIES The study area, located in the City of Pickering, is situated on the lands of the William Treaties and the Johnson-Butler Purchase. The Williams Treaties were signed in October and November of 1923 between the Crown and seven First Nations groups, including the Chippewa of Lake Simcoe (Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation) and the Mississauga of the north shore of Lake Ontario (Alderville First Nation, Curve Lake First Nation, Hiawatha First Nation, and Mississaugas of Scugog Island First Nation). The Williams Treaties were the last of the land cession treaties to be signed in Canada, which transferred over 20, 000 square kilometers of land in south-central Ontario to the Crown. 4.3 ONTARIO COUNTY The District of Nassau, created in 1788, was one of four original districts dividing what is now the Province of Ontario. This district was later renamed the Home District, which stretched form the Trent River to Long Point - 181 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 21 and north to the Severn River. Over the following years these districts were divided until there were 20 districts in all. In 1853, Ontario was separated to become its own County from the United Counties of Ontario, York and Peel. In 1869 its area was estimated at 360,000 acres with 210,000 acres of which were cleared and under cultivation (Conner and Coltson, 1869). By 1854, Ontario County included nine townships: Brock, Mara, Pickering, Rama, Reach, Scott, Thorah, Uxbridge, and Whitby. In the latter half of the nineteenth century the County was known for the quality of its grains and the principal manufactures were flour and lumber (Conner and Coltson, 1869). Ontario County was dissolved in 1974 and the Townships of Rama and Mara were added to Simcoe County. 4.4 PICKERING TOWNSHIP Pickering Township was established in 1791 when Augustus Jones began to survey the area on behalf of the government of Upper Canada. The eastern part of the township was settled by Loyalists, disbanded soldiers, emigrants from the United Kingdom, and a large number of Quakers from both Ireland and the US (Farewell, 1907). Loyalists and their relatives held the vast majority of land grants in Pickering Township in the years following the revolution (Johnson, 1973). By 1793, the Kingston Road was opened to serve as a horse path extending east from Simcoe’s Dundas Street, and in 1799, a rough roadway had been cut from Duffin’s Creek to Port Hope. While early roadworks made the Township more accessible to prospective settlers, actual settlement of Pickering Township proceeded very slowly. Although the first land patent was awarded to Major John Smith in 1792, the first legal settler in Pickering was William Peak in 1798 (Armstrong, 1985; Farewell, 1907). Difficulty clearing the forest led Peak and other early settlers to pursue non-agricultural means to augment income, including trading with Indigenous Peoples in the area (Johnson, 1973). Population growth and Township development remained slow during the early nineteenth century. The War of 1812 halted much of the county and township’s development. After the conflict, increased road traffic provided a boost in business to local innkeepers while soldiers worked to improve existing road conditions. With improved roadways, and a substantial water course in Duffin’s Creek, Pickering Township was soon able to establish saw and grist mills for the production of lumber and grain for export through Toronto. By 1817 the population was 330 (Johnson, 1973). Changes in land-granting policies in the 1820s led to further sales of land in Pickering Township and by 1820 the population was 575 (Johnson, 1973), which grew to 830 by 1825 (Johnson, 1973; Welch and Payne, 2015). A post office was established in 1829 but the hamlet of Duffin's Creek developed slowly. That same year, the Crown worked with the New England Company, a missionary group, to encourage farming and education for the First Nations people. The community that is now known as Curve Lake First Nation was established (Curve Lake First Nation, n.d.). The construction of the Grand Trunk Railway in 1856 and growing agricultural prosperity stimulated the community's development as an important grist-milling and local commercial centre. However, Pickering Township was slow to develop. By 1861 growth had stalled and between 1861 and 1891 a decline in population occurred. Inflation and a depression between 1874-76 did little to help. The population of Pickering Township peaked at 8,002 in 1861 (Johnson, 1973) and by 1891 numbered 5,998 (Johnson, 1973). - 182 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 22 Through most of the nineteenth and twentieth centuries, the township remained primarily agricultural. As many communities on the periphery of Toronto, development increased following the Second World War. Manufacturing companies also moved to the township following the construction of Highway 401 in the 1950s and in 1974 the township was divided into eastern and northern parts. Following this, in 1974, the villages of Brougham, Claremont, Green River, Greenwood and Whitevale became the Town of Pickering. In 2000 the Town became incorporated as a City. 4.5 COMMUNITY OF WHITEVALE Situated 1.3 km to the southwest of the study area, the community of Whitevale was founded in 1820 by John Major who built a sawmill along Duffin’s Creek. The community as first known as Majorville as John Major and multiple members of his family lived on the surrounding properties. In 1845, Ira White arrived in Majorville and took over the sawmill. In 1855, the sawmill was purchased by his son, Truman. P. White, who also constructed a grist mill and a cooperage. In the same year, the community also constructed its first general store (Wood, 1911). He later constructed a planning factory in 1866, a brick woollen mill in 1867, and a schoolhouse sometime later. Truman White became a central pillar of the community, and the small hamlet was named Whitevale after him. By 1874, Whitevale contained three general stores, three dressmakers, three gardeners, two shoemaker shops, two churches, two blacksmiths, two wagon shops, a stave and heading factory, a barrel factory, a wagon and carriage factory, a cheese factory, a merchant and tailoring firm, a butcher shop, a tinsmith shop, a school house, an undertakers, a harness shop, a grist mill, a brush factory, a grindstone factory, a barber shop, a post office, and a hotel (Wood, 1911; Whitevale, n.d.). The continued prosperity of Whitevale did not last the turn of the century. The last quarter of the nineteenth century saw the community struck by separate fires at the cooperage, the carriage factory, the public hall, planning mill, grist mill, and the woollen mill. These problems were compounded when Whitevale was bypassed by the Ontario-Quebec railway line, built in 1884 (Whitevale, n.d.). Whitevale remains as an unincorporated community of the City of Pickering. 4.6 COMMUNITY OF GREEN RIVER Situated approximately 3 kilometres west of the subject property, the community of Green River was first settled by Benjamin Doten. Doten arrived in 1849 and established a wagon and blacksmith shop known as Dotenville Carriage Works. Osburn, Rice, Runnals, Vardon, Ferrier, Turner, MacIntyre, Poucher, and the Winter families were among the early families to settle in Green River. William Barnes built a sawmill in 1857 and by 1870, he added a factory to produce tubs, fork and brush handles and baskets. Edward and John Smith were an integral part of the development of Green River, in the early 1870s, they purchased a sawmill and restored it to working order, the also erected a grist mill, a store, and a public hall in the village; they also aided in the establishment of a post office in 1870 (Mika & Mika, 1981). In 1974, Green River was incorporated into the newly created Town of Pickering in the Regional Municipality of Durham - 183 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 23 4.7 SITE SPECIFIC HISTORY: 815 HIGHWAY 7, PICKERING The subject property is within Lot 27, Concession V, in the Geographic Township of Pickering, now the City of Pickering. The property history has been completed with land registry records, historical maps, census records and archival photographs. It should be noted that the absence of structures or other features shown on the historical maps does not preclude their presence on these properties. Illustrating all homesteads on the historical atlas maps would have been beyond the intended scope of the atlas and, often, homes were only illustrated for those landowners who purchased a subscription. According to the abstract index, on August 4, 1821, Charles Denison received a patent from The Crown for all 200 acres (Book 211, Page 134). On the same day, Charles released all 200 acres to William Baldwin (Book 211, Page 134, Instrument 5083). On August 20, 1821, the lot is sold to William Sleigh (Book 211, Page 134, Instrument 5084). On December 9, 1826, William Sleigh sold Archibald Barker the northwest half of the lot (Book 211, Page 134, Instrument illegible), Barker purchased the northeast half of the lot from Wurz Landon On February 24, 1837. In 1871, a transaction occurred between John Percy and William Major for the north half of the lot, the type of transaction, exact date and compensation, however, is illegible (Book 211, Page 134). The 1837 City of Toronto and the Home District Commercial Directory and Register (Walton, 1837) indicates several occupants for Lot 27, Concession V, they include: George Crowthers, Stephen Hubbard, William Sleigh and Albert Smith. No information regarding the presence of structures is provided in the directory. Roswell’s City of Toronto Directory and County of York for 1850-1851 (Armstrong, 1850) lists several occupants for Lot 27, Concession V, including Benjamin Milligan, John Percy and John Sleigh. No information regarding the presence of structures is provided in the directory. The 1851 Census lists John Percy, a 43-year old farmer, born in England as living his wife Elizabeth (née Young), also 43 (Plates 1 and 2), and their children Archibald (19), William (17), Mary Anne (9), James (8), Sylvenus (6), Uriah (5), John (3) and Frederick (3). The family is listed as belonging to the Wesleyan Methodist Church (Item No. 1126581, Page 215). J. Percy is assessed for the north quarter of Lot 7, Concession V in 1853, at this time he was identified as both a Householder and a Freeholder (Scheinman, 2004). Original concession roads are illustrated on the 1860 Tremaine Map of Ontario County (Figure 6, Appendix A), including present-day Highway 7 and Whites Road, as are the settlements of Brunswick Hill and Brougham located north and east of the subject property, respectively. The lands surrounding the subject property constituted a rural landscape. The Tremaine map indicates that Lot 27 is divided into two 50 acre and one 100 acre lots, with 815 Highway 7 located within the lot owned by J. Pursey [sic]. One structure is il- lustrated within the subject property on the 1861 Tremaine Map. The 1861 census lists John (51), Elizabeth (51) and their children, Archibald (27), William (25), Mary Anne (19), Uriah (17), John (13), Venice (17), Frederick (11), and Leslie (7), as living in a one-and-a-half storey brick house. The census indicates that two families were living in the house in 1861, however no information regarding the second family was provided (Item no. 2747140, Page 133). The 1871 Census lists John, 60, his wife Elizabeth, 61 and their children Uriah and Frederick, aged 21 and 25 respectively (Instrument 649389, Page 50). In 1871, the north half of Lot 27, Concession V is willed to Major William (Book 211, Page 134, Instrument illegible). To additional transactions between Barker Archibald et. ux and Uriah Percy et. ux and John Scott - 184 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 24 occur between 1871 and 1892, however the transaction type, exact date and compensation are illegible (Book 211, Page 134). John Percy died on October 10, 1872, he is interred with his wife, who died in 1884, at the Green River Baptist Cemetery, located at 600 Highway 7 (Photograph 100). Plate 1: Portrait of John Percy, date unknown (findagrave.com) Plate 2: Portrait of Elizabeth Percy, date unknown (findagrave.com) Similar to the 1860 Tremaine Map, one structure is illustrated on the 1877 Pickering Township Map (Figure 9, Appendix A). A. Percy is shown as owning a 50 acres within Lot 27, Concession V. A brick structure is shown on the 1914 NTS map, in the approximate location of the subject property (Figure 6, Appendix A). The brick structure is also present on the 1933 (Figure 10, Appendix A) and 1943 NTS maps (Figure 11, Appendix A). These maps show no change in the lands surrounding the subject property, as they continued to be rural in nature. The Percy Family retained ownership of Lot 27, Concession V until the late nineteenth century, when ownership was transferred to C. Berevell (Scheinman, 2004). All of Lot 27, Concession V was expropriated by the Crown and granted to the Ministry of Housing, Province of Ontario, on February 4, 1974 (Book 211, Page 134a, Instrument 252578). The lot is granted from the Ontario Land Corporation to Her Majesty The Queen in right of the Province of Ontario represented by the - 185 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 25 Minister of Transportation and communications for the Province of Ontario (Book 211, Page 134a, Instrument D136577). Aerial photographs from 1954 to 2006 were reviewed to assist in documenting changes to the rural landscape. A 1954 aerial photograph (Figure 12, Appendix A) of the subject property was reviewed, and while the quality of the photograph is poor, the house and the bank barns are visible. Development within the study area between 1954 and 2006 was relatively slow. The 2002 aerial photograph (Figure 13, Appendix A) clearly shows the house and two barns subject property; Highway 407 is also present, south of the subject property. Construction began on the Whites Road extension and the Highway 407 on-and off-ramps in 2018, and is in use as of 2022. The majority of the lands adjacent to 815 Highway 7 remain under active cultivation. - 186 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 26 5 STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST 5.1 CONTEXT: 815 HIGHWAY 7 The following Statement of Cultural Heritage Value or Interest (SCHVI) (Section 5.1.1) and list of heritage attributes (Section 5.1.2) has been reproduced from the 2020 CHIA (WSP, 2022). 5.1.1 STATEMENT OF CULTURAL HERITAGE VALUE OR INTEREST The mid-nineteenth century farmstead at 815 Highway 7 possesses design or physical value for the unique, representative and rare built heritage resources displaying a high degree of craftsmanship located on the property. The one-and-a-half storey brick residence constructed c. 1853 demonstrates representative elements of an Ontario Cottage with Neo-Classical and Georgian influences including the rectangular plan and symmetrical three-bay façade, side gable roof, entrance details including a wood surround with transom and sidelights, and multipaned windows. The residence reflects a unique vernacular interpretation of the style, characterized by its elaborate dichromatic brickwork, including the decorative stringcourse, quoins and jack arches. The large bank barns are representative expressions of a Central Ontario barn, a common design in Southern Ontario dating to the last quarter of the nineteenth century. The gambrel roof style is indicative of its period of construction, becoming commonly used by 1880 following a transition from gable roofs. The barns maintains their integrity through the retention of much of the original construction materials and application of historic building methods. The barns include many of the features typical of the style, including the banked access and two storey height, original rectangular plan, wood barn board cladding, and the gambrel roof clad in sheet metal. The intact concrete block silo and remains of the wood silo also contribute to the design and physical value of the property. Through its function as a farm for at least 169 years, 815 Highway 7 it is directly associated with the agricultural development of the former Ontario Township and City of Pickering. This theme is significant as it historically contributed to the community’s early economic growth and continues to be practiced today. As the property retains 46 acres of the original 50-acre lot and continues to be actively used for agriculture, 815 Highway 7 is important in maintaining the historical agricultural character of the surrounding area. The property is functionally and historically linked to its surroundings as indicated by the presence and placement of the Percy House, Central Ontario bank barns, the associated circulation patterns including the surrounding agricultural fields that continue to reflect the function of the historic nineteenth century farmstead. 5.1.2 HERITAGE ATTRIBUTES The heritage attributes that contribute to the cultural heritage value or interest of 815 Highway 7 include: Residence Exterior • One-and-a-half storey massing built to a rectangular plan; • Red brick construction using the Flemish bond, dichromatic brickwork including quoins and decorative brickwork under the moulded cornice; - 187 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 27 • Granite and fieldstone foundation; • Symmetrical three-bay façade and symmetrical two-bay side elevations; • Side gable roof with return eaves (on west façade only) and extant moulded cornice; • Paired interior end chimneys; • Centrally placed entrance with side lights, transom and wood surround with classical detailing; • Rectangular window openings with six-over-six double-hung sash windows, radiating brick voussoirs and wood sills; • Brick, one-storey, gable roof addition built to a rectangular plan projecting from the south elevation; built using the Common bond; • Verandah with a flared roof and exposed curved rafters; and • Its orientation toward Highway 7. Residence Interior • Extant original layout; • Fire place mantle; • Floor boards; • Tall baseboards; • Window and door surrounds; • Wainscotting and beaded ceiling; • Balustrade and knob capped newel post; and • Built in corner cupboard in the parlour. Bank Barn 1 • Two-storey massing built to a rectangular plan; • Heavy square timber post and beam framing; • North eave-side upper level entrance built into banked slope; • Vertical wood board cladding; • Gambrel roof clad in sheet metal with vents and lightening rods; • Extant paver flooring of buff and red brick; • Remains of wood silo adjacent to bank barn. Bank Barn 2 • Two-storey massing built to a rectangular plan; • Heavy square timber post and beam framing; • East eave-side upper level entrance built into banked slope; • Vertical wood board cladding; - 188 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 28 • Gambrel roof clad in sheet metal; • Extant paver flooring of buff and red brick; • Concrete block silo with a metal domed top located adjacent to bank barn. Landscape • Drive leading from Highway 7 to the collection of nineteenth century structures on the property; • The relationship of the traditional farmstead to its surrounding agricultural tradition; and • Intact circulation routes and building arrangement setback from Highway 7. - 189 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 29 6 DOCUMENTATION OF THE SUBJECT PROPERTY 6.1 CONTEXT A site visit was conducted on August 5, 2022, and access to the exterior and interior of the Percy House and Barns 1 and 2 was provided, as such, there were no limitation to the on-site investigations. The subject property at 815 Highway 7 is currently under active cultivation, on an approximately 18.7-hectare irregular shaped lot that includes a one-and-a-half storey brick Ontario Cottage with Neo-Classical influences constructed c. 1853, two bank barns and two silos (Figure 3). The Percy House is currently vacant. The property is located on the south side of Highway 7, west of Whites Road, it is bounded on the east and west by lands associated with the Seaton Natural Heritage System in the City of Pickering. The residential building is oriented toward Highway 7 and barns are located south of the residence. The house is setback from Highway 7 approximately 30 metres. For the purposes of this report, and unless otherwise stated, the measurements for window and door openings will be provided in a width by height format. 6.1.1 PERCY HOUSE, REAR ADDITION 6.1.1.1 EXTERIOR The rear addition of the Percy House consists of a one-storey brick structure with a gable roof which spans a portion of the south elevation; it is constructed of three masonry perimeter walls which are attached to the south elevation of the main section of the house (Photograph 1). The addition is laid in the Common bond pattern and is sited on a fieldstone foundation (Photograph 2); the addition measures 5.48 m by 7.92 m (18’ by 24’). The average brick size height is 6 cm, the headers are 10 cm and the stretchers are 21.5 cm (2.36’ by 3.93” by 8.46”). The east elevation of the rear addition is symmetrical with three bays, it is constructed using brick laid in the Common bond and is located on a fieldstone foundation (Photograph 3). The rectangular windows retain their six-over-six double-hung sash windows and have a wood sill; they are topped with a jack arch. The window openings (W-1 and W-2) measure 1.03 m by 1.53 m (40.5” by 60”) (Photograph 4). The door on the east elevation (D-1) appears to be original to the house; it features simple fielded panels and a metal box lock (the door knob has been removed), the door opening measures 94 cm by 2.10 m (37” by 82”) (Photograph 5). The porch also appears to be original to the structure and features a roof with exposed curved rafters with a beaded edge (Photograph 6 and Photograph 7). The porch extends east 1.78 m from the house and has a total span of 2.36 m (5’10” by 7’8”) and is centrally located between the windows on the east elevation. One door, D-2, is present on the south elevation of the addition (Photograph 8). D-2 is 97 cm by 2.01 m (38” by 79”). The opening of D-2 has partially collapsed and the original height of the door is unknown. No - 190 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 30 windows were observed on the south elevation of the one-and-a-half storey structure. A large concrete block with brick fill is positioned against the door opening, this is supporting the rear brick wall which is structurally unsound (Photograph 9 and Photograph 10). The west façade of the rear addition is also symmetrical (Photograph 11), with two window openings and one door opening (W-3, W-4, and D-3). The window openings measure 1.07 by 1.51 m (42” by 59”) and 1.04 m by 1.51 m (40” by 59”). The windows on the west façade have been removed and are covered with wood sheeting (Photograph 12). The wood door (D-3) on the west façade appears to be original (Photograph 13). The door measures 97 cm by 2.09 m (38” by 82”) and features fielded panels, a porcelain doorknob and a metal escutcheon. With the exception of D-2 and D-3, wood sills are present on all openings on the addition of the Percy House. The window sills are 1.19 m long and range in height from 9.5 cm to 11.25 cm (46” by 3.7” to 4.4”). The sill on D-1 is 1.11 m long and 8.5 cm high (43.7” by 3.3”). 6.1.1.2 INTERIOR The one-story addition is composed of two rooms, for the purposes of this report, they have been identified as Room 1 and Room 2. The exterior walls and ceilings are constructed of lath and plaster, while the dividing wall between Room 1 and Room 2 is constructed of dimensional lumber. ROOM 1 Room 1 is the largest of the two rooms, it immediately abuts the one-and-a-half storey portion of the Percy house. Room 1 measures 5.09 m by 5.09 m (16’70” by 16’70”), the ceiling is 2.41 m (7’91”) high. The original floor of Room 1 is present and consists of medium-width pine boards. A beaded wainscotting is present on the north, east, and west walls of the room, the wainscotting is 81.28 cm (32”) high. The ceiling in Room 1 is covered in wood beadboard, which has been painted (Photograph 14). Room 1 is connected to the one-and-a-half storey portion of the Percy House by two doors on the north wall (D-5 and D-6) and to Room 2 by D-4 on the south wall. Both D-5 and D-6 are 83.82 cm (33”) wide and 2.06 m (79”) high and have a simple beaded trim which measures 11.43 cm (4.5”) wide (Photograph 15). Two openings are present on the east wall of Room 1; W-1 and D-1, each opening is surrounded by a simple beaded trim which measures 11.43 cm (4.5”) wide (Photograph 16, Photograph 17 and Photograph 18). One door is present on the south wall within Room 1. D-4 measures 80.01 cm wide by 2 m high (31.5” by 79”), it is surrounded by plain trim which measures 8.89 cm (3.5”) (Photograph 19), and provides access to Room 2. The west wall of Room 1 features two openings, D-3 and W-4. Similar to the other windows in Room 1, the trim on W-4 a simple beaded surround which measures 11.43 cm (4.5”) wide. D-3 is covered with plywood, as such, no description for the trim was available (Photograph 20 and Photograph 21). ROOM 2 Room 2 measures 5.09 m by 2.33 m (16’70 by 7’6”); exterior access to the room is via D-2 on the south façade and from Room 1 by D-4. Similar to Room 1, the floor and ceiling of Room 2 are covered by medium- width pine boards and beadboard. Due to the partial collapse of the south wall however, these materials are - 191 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 31 damaged and are not suitable for salvage. Wainscotting is present on the east and west walls and a portion of the south wall, it measures 76.2 cm (30”) high. One door (D-4) is located on the north wall of Room 2, the door is surrounded by a plain, flat trim which measures 8.89 cm (3.5”) wide. The framing system of the north wall of Room 2 is exposed and consists of dimensional lumber (Photograph 22). The east and west wall of Room 2 measure 5.09 m (92”). Two windows, W-2 and W-3 are located on the east and west walls of the room, respectively (Photograph 23 and Photograph 24). The trim on W-2 and W-3 is 8.89 cm (3.5”) wide and consists of a simple surround with a bead. The south wall of Room 2 features a fireplace, the mantel of which has been removed (Photograph 25). One door, D-2, is also located on the south wall of Room 2, as previously noted, the door is partially collapsed due to lack of structural integrity (Photograph 26). - 192 - - 193 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 33 6.1.2 BANK BARN 1 6.1.2.1 EXTERIOR Bank Barn 1 measures 12.36 m east to west by 18.46 m north to south (40’6” by 60’6”). The barn retains its original rectangular plan and was built into the natural topography of the lot, which slopes to the south. As such, entrances to the barn are provided on both the north (banked) and south eave-sides, with access to the upper level for crop and implement storage and working space provided on the north elevation, and access to the lower stable area provided via the south and west elevations. The barn is clad in vertical wood boards and features a gambrel roof clad in sheet metal, remnants of red paint are visible on the exterior. Vents (V-1 and V-2) are located at both the east and west ends of the roof line as are three evenly spaced lightening rods (L-1, L-2, and L-3) (Photograph 27). The north elevation has a total length of 18.46 m (60’58”) contains large sliding wood doors roughly in the centre of the elevation (D-1). D-1 on the north elevation of the barn is comprised of two sliding doors of equal size, each door is 3.60 m wide by 3.60 m (142”) high, in total the doors are 7.2 m (248”) wide (Photograph 28). The foundation on the north façade is capped with cast-in-place concrete. Much of the exterior cladding from the main level of the east elevation has been lost, and with the exception of two windows in the lower level (W -1 and W-2), there are no intentional openings (Photograph 29 and Photograph 30). W-1 and W-2 measure 1.49 m by 78 cm and 1.47 m by 83 cm (59” by 31” and 58” by 33”), respectively. The granite foundation appears intact on the east elevation, the foundation ranges in height from approximately 38 cm to 90 cm (15” to 35”). The south elevation of Barn 1 is partially clad in vertical wood board and board and batten, it appears there was at least one opening on the upper level of the barn, which is now covered, given the height of this opening, no measurements were available (Photograph 31). The lower level of the barn contains three door openings (D-2, D-3, and D-4) and four window openings (W-3, W-4, W-5, and W-6) (Photograph 32 and Photograph 33). D-2 measures 1.29 m by 2.03 m (51” by 80”), D-3 measures 1.16 m by 2.03 m (46” by 80”) and D-4 measures 1.19 m by 2.03 m (47” by 80”). W-3 measures 73.66 cm by 63.5 cm (29” by 25”), W-4 measures 60.96 cm by 88.9 cm (24” by 35”), W-5 measures 1.47 m by 81 cm (58” x 32”), and W-6 measures 83.82 cm by 68.58 cm (33” by 27”). The western portion of the south foundation has been capped in concrete and a portion of the interior wall has been rebuilt using the concrete same material. The centre portion of the foundation also appears to have undergone repair; the exterior foundation is constructed using fieldstones of varying sizes. The eastern corner of the southern façade is likely the original building material; it consists of finely cut and laid granite blocks. The west elevation of Barn 1 contains two windows (W-7 and W-8) and one door (D-5) in the lower level, there are no other openings on the west façade, including in the upper levels. W-7 and W-8 are roughly the same size and measure 93.98 cm by 63.5 cm (37” by 25”) and 96.52 cm by 60.96 cm (38” by 24”), respectively. A portion of the foundation, south of the door opening has collapsed (Photograph 34 and Photograph 35). - 194 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 34 6.1.2.2 INTERIOR The barn interior is divided into two levels; the lower stable level and the threshing floor.2 The lower level is comprised of animal stalls divided by a series of aisles providing access between the stalls and to doors on the south and west elevations. Portions of the floor in the stable level are covered in buff and red brick pavers. Large hand-hewn timbers and uncut logs support the upper storey (Photographs 35 to 39). The threshing floor of Barn 1 is accessed via an earthen ramp on the north façade. The threshing floor is open except for a granary at the western end of the barn, which is divided into several rooms for storage (Photographs 40 to 48). The construction method is exposed inside the barn and demonstrates typical large timbers with evidence of hand-hewing, and mortise and tenon and tree nail construction. 6.1.3 SILO 1 The remains of a wooden silo are located immediately west of Barn 1 (Photograph 50). Silo 1 is an increasingly rare example of its type, constructed of vertical boards, bound with lapped planks. The planks are 1.65 m long, 9.5 cm deep and are approximately 4.5 cm high (65” by 3.7” by 1.77”). The silo is octagonal in shape and has an approximate diameter of 3 m (10’). The top of the structure is partially collapsed, it is estimated the remaining portion of the silo is 7.6 m (25’) high. A ladder is located on the east side of the silo. Much of the vertical boards that covered the silo are no longer extant (Photographs 50 to 55). 2 Photographs of the threshing floors of Barn 1 and Barn 1 were taken from window, door and wall openings. Portions of the lower levels of Barns 1 and 2 were accessed only where it was deemed safe to do so. - 195 - - 196 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 36 6.1.4 BANK BARN 2 6.1.4.1 EXTERIOR Barn 2 is oriented on a north to south axis and measures 19 m east to west and 11.23 m north to south (62’5” by 36’10”). A reinforced concrete silo located north of the barn is not included in this documentation report at it was deed by WSP to have no CHVI (WSP, 2022) (Photograph 56). The barn retains its original rectangular plan and was built into the natural topography of the lot, which slopes to the south and west. As such, entrances to the barn are provided on both the east (banked) and north eave-sides, with access to the upper level for crop and implement storage and working space provided on the east elevation, and access to the lower stable area provided via the north and west elevations. The barn is clad in vertical wood boards and features a gambrel roof clad in sheet metal. One vent (V-1) is located at the south end of the roof line as well as three stacks located on the east and west gambrel roof lines (Photograph 57). The northern façade of the barn is partially covered by the adjacent silo. There are three openings within the lower level of the north elevation: one door and two windows (D-2, W-1 and W-2). D- 2 measures 1.09 m by 1.87 m (43” by 74”), W-1 and W-2 measure 78 cm by 83 cm and 88 cm by 1.42 m (31” by 33” and 35” by 56”) (Photograph 58). There is also one window on the threshing floor, a measurement was not obtained for this window The foundation on the north façade consists of large granite blocks of a uniform size. The east elevation contains large sliding wood doors (D-1) roughly in the centre of the elevation (Photograph 81). D-1 is 3.5 m wide and 3.35 m (11’5” by 11’). The foundation on the east façade consists of large granite blocks and fieldstone of varying sizes (Photograph 60). The south elevation of Barn 2 is almost entirely covered by thick vegetation, making it challenging to discern the configuration. It does not appear however, that there are any window or door openings on the south elevation (Photograph 61 and Photograph 62). The northwest, southwest and southeast corners of Barn 2 are supported by large concrete blocks. Much of the exterior cladding from the west elevation of Barn 2 has been lost, however, it appears there is at least one door in the upper level, due to its location within the elevation, a measurement was not obtained (Photograph 63). The lower level of the west façade of Barn 2 is highly altered, and much of the stone foundation has been removed. At least three door openings and one window are visible on the lower level, including, D-3, D-4, D-5 and W-3 (Photograph 64). The openings on the lower level of the west elevation have the following measurements: D-3: 4.44 m by 1.95 (175” by 77”); D-4: 2.41 by 1.98 (95” by 78”); D-5: 1.01 by 2 m (40” by 79”); and W-3: 1.32 by 73 cm (52” by 29”) 6.1.4.2 INTERIOR The barn interior is divided into two levels; the lower stable level and the threshing floor. The lower level of the barn is accessed by three doors on the west elevation as well as one door on the north elevation. The lower level is comprised of animal stalls divided by a series of aisles providing access between the stalls and to doors on the west and north elevations. Portions of the floor in the stable level are covered in buff and red brick pavers. Large hand-hewn timbers and uncut logs support the upper storey (Photographs 65 to 71). The threshing floor of Barn 2 is accessed via an earthen ramp on the west façade. The threshing floor is open except for a granary at the northern end of the barn, which is divided into several rooms for storage (Photographs 72 to 75). - 197 - - 198 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 38 Photograph 1: Three-quarter view of addition (WSP, 2022) Photograph 2: Common Bond construction and fieldstone foundation on east elevation of addition (WSP, 2022) - 199 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 39 Photograph 3: Overview of east façade, from left to right: W-2, D-1, and W-1 (WSP, 2022) Photograph 4: Detail of W-2 on the east elevation (WSP, 2022) Photograph 5: Detail of D-1 on the east elevation (WSP, 2022) - 200 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 40 Photograph 6: Detail of porch on east façade of addition (WSP, 2022) Photograph 7: Detail of curved rafters on porch (WSP, 2022) - 201 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 41 Photograph 8: Overview of south façade (WSP, 2022) Photograph 9: Detail of D-2 on south façade (WSP, 2022) Photograph 10: Collapsing wall on south façade (WSP, 2022) - 202 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 42 Photograph 11: Overview of west façade, from left to right: W-4, D-3 and W-3 (WSP, 2022) Photograph 12: Detail of W-4 on west elevation (WSP, 2022) Photograph 13: Detail of D-3 on west elevation (WSP, 2022) - 203 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 43 Photograph 14: Beadboard ceiling in Room 1 (WSP, 2022) Photograph 15: Wainscotting, D-5 (right) and D-6 (left) on north wall of Room 1 (WSP, 2022) - 204 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 44 Photograph 16: East wall of Room 1 showing W-1 and D-2 (WSP, 2022) Photograph 17: Detail of W-1 and wainscotting on east wall (WSP, 2022) Photograph 18: Detail of D-1 on east wall (WSP, 2022) - 205 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 45 Photograph 19: Dividing wall between Room 1 and Room 2, showing D-4 (WSP, 2022) Photograph 20: Overview of West wall of Room 1, showing D-3 (covered in plywood) and W-4 (WSP, 2022) - 206 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 46 Photograph 21: Detail of W-4 on west wall of Room 1 (WSP, 2022) Photograph 22: North wall of Room 2, showing dimensional lumber construction (WSP, 2022) Photograph 23: Detail of W-2 on east wall of Room 2 (WSP, 202) Photograph 24: Detail of W-3 on west wall of Room 2 (WSP, 2022) - 207 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 47 Photograph 25: Fireplace on south wall of Room 2 (WSP, 2022) Photograph 26: Detail of D-2 on south wall of Room 2 (WSP, 2022) Photograph 27: North elevation of Barn 1, showing D-1, and V-1, V-2 and L-1, L-2, and L-3 (WSP, 2022) - 208 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 48 Photograph 28: Detail of sliding doors (D-1) on north elevation of Barn 1 (WSP, 2022) Photograph 29: East façade of Barn 1, showing W-1 and W-2 (WSP, 2022) - 209 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 49 Photograph 30: Detail of W-1 on the east façade of Barn 1 (note dry rot on basement sill above window) Photograph 31: South façade of Barn 1 (WSP, 2022) - 210 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 50 Photograph 32: Detail of finely laid granite foundation and W-6 and D-4 on south foundation of Barn 1 (WSP, 2022) Photograph 33: Detail of W-3 and D-2 on south elevation of Barn 1 - 211 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 51 Photograph 34: Detail of W-7 and D-5 on west elevation of Barn 1 (WSP, 2022) Photograph 35: Detail of D-5 (left ) and W-8 (right) and collapsed wall on west elevation of Barn 1 (WSP, 2022) - 212 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 52 Photograph 36: Stalls and aisle in lower level of Barn 1 (WSP, 2022) Photograph 37: Stalls and interior wall of Barn 1 (WSP, 2022) - 213 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 53 Photograph 38: Interior support wall in lower level of Barn 1 (WSP, 2022) Photograph 39: Lower level of Barn 1, showing south wall (left), west wall and hand-hewn beams (WSP, 2022) - 214 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 54 Photograph 40: Brick pavers used as flooring in lower level of Barn 1 (WSP, 2022) Photograph 41: Threshing floor of Barn 1 (WSP, 2022) - 215 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 55 Photograph 42: Granary in western end of Barn 1 (WSP, 2022) Photograph 43: View of interior main beams and purlin posts in Barn 1 (WSP, 2022) - 216 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 56 Photograph 44: View of interior main beams and purlin posts in Barn 1 (WSP, 2022) Photograph 45: View of interior main beams and purlin posts in Barn 1 (WSP, 2022) Photograph 46: Detail main post in Barn 1 - 217 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 57 Photograph 47: Detail of treenails used in construction of framing (WSP, 2022) Photograph 48: Detail of treenails used in construction of framing (WSP, 2022) - 218 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 58 Photograph 49: Wide boards on floor of the haymow (WSP, 2022) Photograph 50: Remains of Silo 1 (WSP, 2022) Photograph 51: Detail of Silo 1 construction (WSP, 2022) - 219 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 59 Photograph 52: Detail of Silo 1 construction (WSP, 2022) Photograph 53: Detail of Silo 1 construction (WSP, 2022) Photograph 54: Ladder on Silo 1 (WSP, 2022) - 220 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 60 Photograph 55: Interior view of Silo 1 (WSP, 2022) Photograph 56: North elevation of Barn and Silo 2 (WSP, 2022) - 221 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 61 Photograph 57: Overview of Barn 2, showing silo and vent (V-1) on roofline Photograph 58: Detail of W-1, W-2, and large granite blocks on north elevation of Barn 2 (WSP, 2022) - 222 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 62 Photograph 59: Window on threshing floor of north elevation of Barn 2 Photograph 60: Sliding door (D-1) on the east elevation of Barn 2 (WSP, 2022) - 223 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 63 Photograph 61: South elevation of Barn 2 in April 2022 (WSP, 2022) Photograph 62: South elevation of Barn 2 in July 2022 (WSP, 2022) - 224 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 64 Photograph 63: West elevation of Barn 2 (WSP, 2022) Photograph 64: Lower level of west foundation of Barn 2 (WSP, 2022) - 225 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 65 Photograph 65: Lower level in Barn 2 (WSP, 2022) Photograph 66: Detail of log and fieldstone construction of Barn 2 (WSP, 2022) Photograph 67: Stalls in lower level of Barn 2 (WSP, 2022) - 226 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 66 Photograph 68: Aisles in lower level of Barn 2 (WSP, 2022) Photograph 69: Example of hand-hewn beam in Barn 2 (WSP, 2022) - 227 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 67 Photograph 70: Detail of hand-hewn support beam (WSP, 2022) Photograph 71: Red and buff brick pavers in lower level of Barn 2 (WSP, 2022) - 228 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 68 Photograph 72: Threshing floor and granary in Barn 2 (WSP, 2022) Photograph 73: Threshing floor in Barn 2 (WSP, 2022) - 229 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 69 Photograph 74: Detail of framing system in Barn 2 (WSP, 2022) Photograph 75: Floorboards of threshing floor in Barn 2 (WSP, 2022) - 230 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 70 7 SALVAGE OPPORTUNITIES 7.1 ARTIFACT CURATION AND REUSE CapLink Limited is proposing to develop a 23.8-hectare parcel of land that consists of two properties on Highway 7, including: 815 and 745 Highway 7 (the project location). The proposed development consists of the phased construction of five industrial buildings as part of the development of the FGF Pickering Manufacturing Campus. CapLink Limited plans to demolish the addition connected to the Percy House due to structural and architectural deficiencies and relocate the Percy House to a new location. The two barns (Barn 1 and Barn 2) and two silos (Silo 1 and Silo 2) will be demolished and materials from Barns 1 and 2 and Silo 1 will be salvaged. Detailed documentation and salvage is often the preferred mitigation strategy when retention or relocation of a structure is neither feasible nor warranted. Documentation creates a public record for the structure and provides researchers and the public with a land use history, construction details and photographic record of the resource. The purpose of salvaging heritage building material is to preserve portions of features of buildings or structures that have historical, architectural or cultural value and divert them from becoming land fill material. Sourcing materials for repair and replacement can be challenging, especially if the materials are from a historical source that no longer exists, such as a quarry, or a manufacturing facility that has closed (Parks Canada, 2010). As such, the careful salvage of these materials from one historic structure can represent an opportunity for the in-kind replacement of quality historical material on another. Some of these materials can also be incorporated into the new design if appropriate. If any materials are incorporated into the design, there should be an interpretive plaque to convey that these materials were reused from the previous building on-site. 7.1.1 SUGGESTED MATERIALS FOR SALVAGE Table 7-1, below, outlines the materials suggested for salvage and re-use. These recommendations are based on the results of the Cultural Heritage Resource Documentation Report prepared by WSP for the subject property at 815 Highway 7, and the condition of material at the time of the site visit. - 231 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 71 Table 7-1: Salvageable Materials: 815 Highway 7, Pickering Ontario General Location Room Element Element ID Additional Location Information Material Description Measurement (Imperial) Measurement (metric) Photograph Percy House: Rear Addition Exterior (entire structure) n/a Foundation n/a South, east and west elevations Stone Fieldstones that comprise foundation n/a n/a Photograph 2 n/a Exterior walls n/a South, east and west elevations Brick Red bricks that comprise the exterior walls 6 cm x 10 cm x 21.5 cm 2.36’ x 3.93” x 8.46” Photograph 2 East Elevation n/a Porch rafters n/a East elevation Wood Curved wooden rafters with bead n/a n/a Photograph 7 Interior Room 1 Window W-1 East wall Wood; glass Six-over-six double- hung sash 1.03 m x 1.53 m 40.5” x 60” Photograph 17 W-4 West wall Wood Frame only, sash has been damaged / glass broken 1.04 m x 1.51 m 40” x 59” Photograph 12 Window trim / surround W-1 East wall Wood Simple moulding with bead and a half- round detail 11.43 cm 4.5” Photograph 17 W-4 West wall Wood Simple moulding with bead and a half- round detail 11.43 cm 4.5” Photograph 21 Door D-1 East wall Wood; metal Wood door with fielded panels and porcelain doorknob, metal escutcheon 94 cm x 2.10 m 37” x 82” Photograph 3, Photograph 5 D-3 West wall Wood; metal Wood door with two fielded panels and porcelain doorknob, metal escutcheon 97 cm x 2.09 m 38” x 82” Photograph 5, Photograph 13 Door trim / surround D-1 East wall Wood Simple moulding with bead and a half- round detail 11.43 cm 4.5” Photograph 18 D-3 West wall Unknown – door is covered with plywood sheeting n/a n/a D-4* Partition wall between Room 1 and Room 2 Plain wood trim 8.89 cm 3.5” Photograph 19 Floor n/a n/a Wood Pine boards n/a n/a -- Wainscotting n/a All walls Wood Beaded wainscotting that covers lower three quarters of walls 81.28 cm 32” Photograph 15 Bead board n/a Ceiling Wood Bead board that covers entire celling n/a n/a Photograph 14 - 232 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 72 General Location Room Element Element ID Additional Location Information Material Description Measurement (Imperial) Measurement (metric) Photograph Room 2 Window W-2 East wall Wood; glass Six-over-six double- hung sash 1.03 m x 1.53 m 40.5” x 60” Photograph 23 W-3 West wall Wood Frame only, sash has been damaged / glass broken 1.07 m x 1.51 m 42” x 59” Photograph 24 Window trim / surround W-2 East wall Wood Simple moulding with bead and a half- round detail 8.89 cm 3.5” Photograph 23 W-3 West wall Wood Simple moulding with bead and a half- round detail 8.89 cm 3.5” Photograph 24 Door D-2* South wall n/a Door has been removed 97 cm x 2.01 m 38” x 79”* -- Door trim / surround D-2* South wall Wood Trim has been damaged by collapse of brick wall 8.89 cm 3.5”* -- Wainscotting n/a East, south, and west walls Wood Beaded wainscotting that covers lower three quarters of walls 30” -- Bead board* n/a Celling Wood Bead board that covers entire celling n/a n/a -- Barn 1 Exterior (entire structure) n/a Foundation n/a All walls Stone Fieldstones that comprise foundation n/a n/a -- Exterior cladding n/a All walls Wood Vertical barn board that covers exterior n/a n/a -- Exterior n/a Vent V-1 West gable Metal Air vent on ridgeline n/a n/a Photograph 27 V-2 East gable n/a n/a Photograph 27 Lightening rod L-1 West gable Lightening rod on ridgeline n/a n/a Photograph 27 L-2 Middle gable n/a n/a Photograph 27 L-3 East gable n/a n/a Photograph 27 Window W-1* East elevation Wood; glass Window 1.49 m by 78 cm 59” x 31” Photograph 30 W-2* East elevation Wood; glass Window 1.47 m by 83 cm 58” x 33 -- W-3* South 73.66 cm x 63.5 cm 29” x 25” Photograph 33 W-4* elevation 60.96 cm x 88.9 cm 24” x 35 -- W-5* 1.47 m x 81 cm 58” x 32” -- W-6* 83.82 cm x 68.58 33” x 27” -- W-7* West elevation 93.98 cm x 63.5 cm 37” x 25” Photograph 34 - 233 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 73 General Location Room Element Element ID Additional Location Information Material Description Measurement (Imperial) Measurement (metric) Photograph W-8* 96.52 cm x 60.96 cm 38” x 24” Photograph 35 Door D-1* North elevation Wood; metal Sliding door 7.2 m x 3.60 m 248” x 142” Photograph 28 D-2* South Door 1.29 m x 2.03 m 51” x 80” Photograph 33 D-3* elevation 1.16 m x 2.03 m 46” x 80” -- D-4* 1.19 m x 2.03 m 47” x 80” -- D-5* Photograph 34, Photograph 35 Interior Upper level Beams and uprights n/a n/a Wood Hand hewn n/a n/a Photograph 41, Photograph 42, Photograph 43, Photograph 44, Photograph 45, Photograph 46, Photograph 46, Photograph 48 Lower level Beams and uprights n/a n/a Wood Hand hewn n/a n/a Photograph 36, Photograph 37, Photograph 38, Photograph 39 Brick pavers n/a Floor Brick Red and buff brick n/a n/a Photograph 40 Silo 1 Exterior (entire structure) n/a Structural members n/a n/a Wood Wood boards that comprise silo 1.65 m x 9.5 cm x 4.5 cm 65” x 3.7” x 1.77” Photograph 51, Photograph 52, Photograph 53, Photograph 54, Photograph 55 Barn 2 Exterior (entire structure) n/a Foundation n/a All walls Stone Fieldstones that comprise foundation n/a n/a Photograph 58 Exterior cladding n/a All walls Wood Vertical barn board that covers exterior n/a n/a Photograph 57 - 234 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 74 General Location Room Element Element ID Additional Location Information Material Description Measurement (Imperial) Measurement (metric) Photograph Exterior Vent V-1 South gable Metal Air vent on ridgeline n/a n/a Photograph 57 Window W-1* North elevation Wood; glass Window 78 cm x 83 cm 31” x 33” Photograph 58 W-2* 88 cm x 1.42 35” x 56” Photograph 58 W-3* West elevation 1.32 x 73 cm 52” x 29” Door D-1* East elevation Wood Door 3.5 m x 3.35 m 11’5” x 11’ Photograph 60 D-2* North elevation 1.09 m x 1.87 m 43” x 74” -- D-3* West elevation 4.44 m 1.95 175” x 77” -- D-4* 2.41 x 1.98 95” x 78” -- D-5* 1.01 x 2 m 40” x 79” -- Interior Upper level Beams and uprights n/a n/a Wood Hand hewn n/a n/a Photograph 72, Photograph 73, Photograph 74, Photograph 75 Lower level Beams and uprights n/a n/a Wood Hand hewn n/a n/a Photograph 64, Photograph 65, Photograph 66, Photograph 67, Photograph 68, Photograph 69, Photograph 70 Lower level Brick pavers n/a Floor Brick Red and buff brick n/a n/a Photograph 71 *item not recommended for salvage, measurements have been included for descriptive purposes only. - 235 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 75 8 RECOMMENDATIONS In accordance with the Ontario Ministry of Transportation Environmental Guide for Built Heritage and Cultural Heritage Landscapes (November 2007), Section 6.3.1.4 Cultural Heritage Resource Documentation Report for Built Heritage Resources. This report provides an archival record of the subject property at 815 Highway 7, Pickering according to the Environmental Guide for Built Heritage and Cultural Heritage Landscapes. Opportunities for salvage and reuse include: • Addition of the Percy House: o Stone foundation material; o Red brick; o Curved rafters from porch; o Window sash and trim; o Doors and trim; o Pine flooring; o Wainscoting; o Beadboard from ceiling; • Barns 1 and 2 o Stone foundation material o Exterior cladding; o Vents; o Lightening rods; o Wood beams and uprights; o Brick pavers • Silo o All material from Silo 1 The following recommendations for the curation and/or reuse of salvaged materials are suggested based on the results of the CHRDR prepared by WSP: 1 The destination of salvaged materials outlined in Table 7-1 should be determined prior to the initiation of any salvage process. 2 Contract documentation should include information regarding the CHVI of the aforementioned properties, specifically the List of Heritage Attributes. 3 The salvaged materials should be stored in a covered and secured location until they can be used. 4 Consideration should be given to the incorporation of salvaged materials, such as brick and beams, into the proposed development. 5 Incorporation of salvaged materials into the proposed development should be accompanied by interpretation, (i.e. a plaque or other commemoration device), so residents and visitors can understand the provenance of the materials. - 236 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 76 6 The chosen contractor should propose an approach for the labelling and storage of materials salvaged until they can be incorporated into the proposed development or donated to an architectural salvage. 7 Materials should only be salvaged if they are suitable for re-use in other buildings or projects, i.e. the material must be not irreparably damaged or infested. 8 Materials should be extracted in a way that ensures they will not be irreparably damaged. 9 A copy of this report should be provided to municipal Planning Staff for review and once finalized, submitted to the Archives at Whitby Public Library. - 237 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 77 BIBLIOGRAPHY Armstrong, Frederick H. (1985). Handbook of Upper Canadian Chronology. Hamilton: Dundurn Press, Ltd. Curve Lake First Nation. (n.d.) History. Retrieved from: https://curvelakefirstnation.ca/ Dodd, C. F., Poulton, D. R., Lennox, P. A., Smith, D. G., & Warrick, G. A. (1990). The Middle Ontario Ellis, C.J. and D.B. Deller. (1990). Paleo-Indians. In the Archaeology of Southern Ontario to A.D. 1650, Ed C.J. Ellis and N. Ferris, pp. 37- 74. Occasional Publication of the London Chapter, OAS No. 5. London: Ontario Archaeology Society. Ellis, C.J., I.T. Kenyon, and M.W. Spence. (1990). The Archaic. In the Archaeology of Southern Ontario to A.D. 1650, Ed C.J. Ellis and N. Ferris, pp. 65- 124. Occasional Publication of the London Chapter, OAS No. 5. London: Ontario Archaeology Society. Farewell, J. E. (1907). County of Ontario: short notes as to the early settlement and progress of the county and brief references to the pioneers and some Ontario County men who have taken a prominent part in provincial and dominion affair. Whitby, ON: Gazette-Chronicle Press. Find a Grave. John Percy. Retrieved from: https://www.findagrave.com/memorial/119333949/john-percy Fox, W (1990). The Middle Woodland to Late Woodland Transition. In C.J. Ellis & N. Ferris (Eds.) The Archaeology of Southern Ontario to A.D. 1650 (pp. 177-181). London, Ontario: London Chapter, Ontario Archaeological Society. International Council on Monuments and Sites (ICOMOS). (2011). Guidance on Heritage Impact Assessments for Cultural World Heritage Properties. Retrieved from: www.icomos.org/world_heritage/CHIA_20110201.pdf Library and Archives Canada (2021) Canadian Censuses. [accessed April 2022]. https://www.bac lac.gc.ca/eng/census/Pages/census.aspx Mika, N. & Mika, H. (1983). Places in Ontario: Their Name Origins and History, Part III, M-Z. Belleville, ON: Mika Publishing Company. Ministry of Municipal Affairs and Housing. (2020). Provincial Policy Statement. Retrieved from: www.ontario.ca/page/provincial-policy-statement-2020 Ontario Land Registry Access 2021 Abstract Index Books, Land Registry Office 40 (Pickering). [accessed April 2022]. https://www.onland.ca/ui/40/books/60706/viewer/838941323?page=1 Page & Smith (1875). Illustrated Atlas of the County of Wentworth, Ont. Toronto: Page & Smith. Parks Canada. (2010). The Standards and Guidelines for the Conservation of Historic Places in Canada 2nd Edition. Retrieved from: www.historicplaces.ca/media/18072/81468-parks-s+g-eng-web2.pdf Spence, M.W., R.H. Phil, and C. Murphy. (1990). - 238 - 815 Highway 7: Cultural Heritage Resource Documentation Report Project No: 221-03925-01 CapLink Limited WSP August 2022 Page 78 Cultural Complexes of the Early and Middle Woodland Periods. In the Archaeology of Southern Ontario to A.D. 1650, Ed C.J. Ellis and N. Ferris, pp. 125-170. Occasional Publication of the London Chapter, OAS No. 5. London: Ontario Archaeology Society. Walker & Miles. (1877). Map of Toronto Township. Illustrated Historical Atlas of the County of Peel, Ontario. Toronto, ON. Warrick, G. (2000). The Precontact Iroquoian Occupation of Southern Ontario. Journal of World Prehistory 14(4):415-456. - 239 - APPENDIX A HISTORICAL MAPPING - 240 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: TREMAINE, 1860 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:10,000 ± DRAWN BY: TP TITLE: FIGURE 7: 1860 TREMAINE'S MAP OF THE COUNTY OF ONTARIO CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 4 1860 AP.mxd Service Layer Credit 0 400200 m - 241 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: J.H. BEERS & CO., 1877 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:10,000 ± DRAWN BY: TP TITLE: FIGURE 8: 1877 ILLUSTRATED HISTORICAL ATLAS OF THE COUNTY OF WATERLOO CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 5 1877 AP.mxd Service Layer Credit 0 400200 m - 242 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: DEPARTMENT OF MILITIA AND DEFENCE, 1914 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:20,000 ± DRAWN BY: TP TITLE: FIGURE 9: LOCATION OF STUDY AREA ON 1914 NTS MAP CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 6 1914 AP.mxd Service Layer Credit 0 800400 m - 243 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: DEPARTMENT OF NATIONAL DEFENCE, 1933 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:20,000 ± DRAWN BY: TP TITLE: FIGURE 10: LOCATION OF STUDY AREA ON 1933 NTS MAP CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 7 1933 AP.mxd Service Layer Credit 0 800400 m - 244 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: DEPARTMENT OF NATIONAL DEFENCE, 1943 CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:20,000 ± DRAWN BY: TP TITLE: FIGURE 11: LOCATION OF STUDY AREA ON 1943 NTS MAP CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 8 1943 AP.mxd Service Layer Credit 0 800400 m - 245 - PROJECT NO:DATE:SCALE: 221-03925-00 APRIL 2022 CREDITS: UNIVERSITY OF TORONTO MAP AND DATA LIBRARY CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:12,500 ± DRAWN BY: TP TITLE: FIGURE 12: LOCATION OF STUDY AREA ON 1954 AERIAL PHOTOGRAPH CAPLINK LIMITED CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 9 1954 AP.mxd Service Layer Credit 0 500250 m - 246 - PROJECT NO:SCALE: 221-03925-0 CREDITS: GOOGLE CULTURAL HERITAGE RESOURCE DOCUMENTATION REPORT: 815 HIGHWAY 7, PICKERING PROJECT: 1:10,000 ± DRAWN BY: TP TITLE: FIGURE 13: LOCATION OF STUDY AREA ON 2002 AERIAL PHOTOGRAPH CAPLINK LI CLIENT: LEGEND STUDY AREA Document Path: D:\aProjects\221-03925-00\MXD\221-03925-00 Figure 10 2002 AP.mxd Service Layer Credit 0 400200 m DATE: 0 APRIL 2022 MITED - 247 - Memo To: Mayor Ryan and September 1, 2022 Members of Council From: Kimberly Thompson Manager, Municipal Law Enforcement Services Copy: Director, Corporate Services & City Solicitor Supervisor, Licensing & Enforcement Supervisor, Parking Enforcement Subject: Appointment By-law - Andre Corbett, Darien Wheeler, Melanie Kyriakou, Sydney LaBarrie and Robert Mackay File: L-2000-001-22 Please find attached a draft by-law to appoint Andre Corbett, Darien Wheeler, Melanie Kyriakou, Sydney LaBarrie and Robert Mackay as Municipal Law Enforcement Officers for the City of Pickering. Andre Corbett has been confirmed in the position of Parking Control Officer effective November 15, 2021. Darien Wheeler has been confirmed in the position of Parking Control Officer effective November 15, 2021. Melanie Kyriakou has been confirmed in the position of Municipal Law Enforcement Officer I effective November 1, 2021 Sydney LaBarrie has been confirmed in the position of By-law Enforcement Officer effective January 5, 2022. Robert Mackay has been confirmed in the position of Supervisor, Parking Enforcement effective June 13, 2022. This draft by-law is attached for the consideration of City Council at its meeting scheduled for September 19, 2022. KT:jl Attachment Draft Appointment By-law - 248 - The Corporation of the City of Pickering By-law No. 7965/22 Being a by-law to appoint Andre Corbett, Darien Wheeler, Melanie Kyriakou, Sydney LaBarrie and Robert Mackay as Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of T he Corporation of the City of Pickering. Whereas pursuant to section 15(1) of the Police Services Act, R.S.O. 1990 c. P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and Whereas pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-laws; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Andre Corbett, Darien Wheeler, Melanie Kyriakou, Sydney LaBarrie and Robert Mackay are hereby appointed as Municipal Law Enforcement Officers in and for the City of Pickering in order to ascertain whether the provisions of all by-laws of The Corporation of the City of Pickering are obeyed and to enforce or carry into effect the said by-laws. 2. This appointment shall expire upon the employees noted in section 1 ceasing to be employed by the City of Pickering or until the repeal of this by-law. 3. The provisions of this by-law shall come into force and take effect on the day of the final passing thereof. By-law passed this 20th day of September, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 249 - The Corporation of the City of Pickering By-law No. 7966/22 Being a By-law to amend Restricted Area Zoning By-law 3037, as amended by By-law 6640/06, to implement the Official Plan of the City of Pickering, Region of Durham, in Part of Lots 17 and 18, Concession 9, Lots 32,47 and 48 and Part of Lot 31, Plan 12 (A 09/90(R) and A 17/90(R)) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lots 17 and 18, Concession 9, Lots 32, 47 and 48 and Part of Lot 31, in the City of Pickering to permit a residential subdivision consisting of 71 detached dwellings, public roads, stormwater management facilities, a public park, and open space lands; And whereas an amendment to Zoning By-law 3037, as amended, is therefore deemed necessary; Now therefore by Order, the Ontario Land Tribunal amends By-law 3037 as follows: 1.Schedule I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands in Part of Lots 17 & 18, Concession 9, Lots 32,47 & 48 and Part of Lot 31, in the City of Pickering, designated “ORM-R5”, “ORM-R6-7”, “ORM-R6-8”, “ORM-R6-9”, “ORM-EP”, “ORM-OS” and “ORM-R” on Schedule I. 3.Text Amendments 1. Section 8.6.3 is hereby amended by adding the following new subsections following subsection 8.6.3.6, as follows: 8.6.3.7 – ORM-R6-7 a)Section 5.20 Yard Requirements with Respect to Certain Streets, shall not apply to lands zoned “ORM-R6-7”; b)Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-7”; and OLT Order No. OLT-22-002250 (Formerly PL171210) August 26, 2022 - 250 - By-law No. 7966/22 Page 2 c) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-7”. 8.6.3.8 – ORM-R6-8 a) Notwithstanding Section 5.10, a front yard for lands zoned “ORM-R6- 8” shall not be required from Brock Road; b) Section 5.20 Yard Requirements with Respect to Certain Streets, shall not apply to lands zoned “ORM-R6-8”; c) Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-8”; and d) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-8”. 8.6.3.9 – ORM-R6-9 a) Despite Section 8.6.2 (i), a minimum lot area of 0.27 of a hectare shall be provided for lands zoned “ORM-R6-9”; b) Despite Section 5.7, fences shall be permitted within the front yard of lands zoned “ORM-R6-9”; and c) Notwithstanding Section 5.40 Minimum Distance Separation shall not apply to lands zoned “ORM-R6-9”. 2. Section 14 is hereby amended by adding the following subsections following subsection 14.4, as follows: 14.5 ORM-OS No person shall within Oak Ridges Moraine Open Space (ORM-OS) Zone, use any land or erect alter of use any building or structure except in accordance with the following: 14.5.1 Permitted Uses i) Stormwater Management Pond ii) Emergency Vehicle Access 14.5.2 Regulations for Permitted Uses i) Minimum Lot Area Nil ii) Minimum Lot Frontage Nil iii) Minimum Yard Requirements Nil - 251 - By-law No. 7966/22 Page 3 4.By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 5.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. Note: Oral decision of the Ontario Land Tribunal delivered by Blair S. Taylor on August 23, 2022. Written Decision issued August 26, 2022. - 252 - OR M - R 6 - 8 ORM-EP ORM-R6-7 ORM-R6-7 ORM-R6-7 ORM-OS ORM-R6-7 ORM-R OR M - O S OR M - R 6 - 7 OR M - R 6 - 9 OR M - R 6 - 9 ORM-EP ORM-R5 ORM-R5 Br o c k R o a d Si d e l i n e 1 6 Wi l l i a m S t r e e t Wi x s o n S t r e e t To m T h o m s o n C o u r t Lane Street Fr a n k l i n S t r e e t Do w S t r e e t Br o c k R o a d N Schedule I to By-Law 7966/22 Approved by the Ontario Land Tribunal Oral Decision Delivered August 23, 2022 Written Decision Issued August 26, 2022 Fr a n k l i n S t r e e t ORM-R5 ORM-R6-9 - 253 - Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire ISSUE DATE: August 26, 2022 CASE NO(S).: OLT-22-002250 (Formerly PL171210) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Applicant/Appellant: Claremont Development Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: ZBA/DPS for Claremont Dev. Corp. Phase 1 Residential Reference Number: A9/90 Property Address: 5113 Old Brock Road (5113 Old Brock Road) Municipality/UT: Pickering/Durham OLT Case No.: OLT-22-002250 Legacy Case No.: PL171210 OLT Lead Case No.: OLT-22-002250 Legacy Lead Case No.: PL171210 OLT Case Name: Claremont Development Corporation v. Pickering (City) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Applicant and Appellant: Claremont Development Corporation Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: ZBA/DPS for Claremont Dev. Corp. Phase 1 Residential Reference Number: A 17/90 Property Address: 5113 Old Brock Road (5113 Old Brock Road) Municipality/UT: Pickering/Durham OLT Case No.: OLT-22-002253 Legacy Case No.: PL171211 OLT Lead Case No.: OLT-22-002250 Legacy Lead Case No.: PL171210 OLT Written Decision pertaining to By-law No. 7966/22 - 254 - 2 OLT-22-002250 PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Reference Number: 18T-90016 Property Address: 5113 Old Brock Road (5113 Old Brock Road) Municipality/UT: Pickering/Durham OLT Case No: OLT-22-002254 Legacy Case No: PL171212 OLT Lead Case No: OLT-22-002250 Legacy Lead Case No: PL171210 OLT Case Name: Claremont Development Corporation v. Pickering (City) Heard: August 23, 2022 by Video Hearing APPEARANCES: Parties Counsel/Representative* Claremont Development Corporation (“Applicant”) M. Flowers/ A. Lusty The Regional Municipality of Durham (“Region”) R. Woon The Corporation of the City of Pickering (“City”) M. Joblin The Toronto and Region Conservation Authority (“TRCA”) S. Heuchert* Andre Kern Did not appear MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON AUGUST 23, 2022, AND ORDER OF THE TRIBUNAL INTRODUCTION [1] In or about 1990, the Applicant had made a development application for the - 255 - 3 OLT-22-002250 lands known municipally as 5113 Old Brock Road (“Subject Lands”) in the Hamlet of Claremont seeking to rezone the Subject Lands and have a draft plan of subdivision approved. No decision was made on the development proposal. [2] In or about 2018 revised applications were submitted as revisions to what had been earlier filed. This led to a series of appeals, including the Local Planning Appeal Tribunal (“LPAT”, the Tribunal’s predecessor), the Divisional Court, appeal to the Ontario Court of Appeal refused, that focused inter alia on the Clergy Principle. [3] The LPAT decision, upheld by the Divisional Court, was that the Clergy Principle applied and that the applicable municipal land use planning instruments were the Region of Durham Official Plan (June 5, 1991) and the Claremont Development Plan, 1991 (Edition 3). [4] Additionally the Transitional Rules of the Places to Grow Act, 2005 O. Reg 311/06 provide that it did not apply to this development application. [5] The matter was set down for a 14 day hearing on the merits to commence on August 22, 2022. [6] In the lead up to the hearing, the Applicant, the Region, the City, the TRCA, and Mr. Andre all participated in private mediation that led to Minutes of Settlement found in Exhibit 2 Tab 2. [7] One party, David Masters, did not participate in the mediation. [8] However by letter dated July 27, 2022, counsel for Mr. Masters gave notice of his withdrawal as a party (Exhibit 1). [9] Thus the matter came before the Tribunal as a settlement proposal. [10] The Tribunal had before it the Applicant’s Document Book (Exhibit 2) which - 256 - 4 OLT-22-002250 contained the land use planning joint affidavit of Don Given and Matthew Cory in support of the proposed settlement, and the Minutes of Settlement, and appended to the Minutes of Settlement were the draft Zoning By-law Amendment (“ZBA”), the draft plan of subdivision (“Draft Plan”), and the draft conditions of draft plan approval (“Draft Plan Conditions”). [11] The Tribunal heard the oral evidence of Matthew Cory, the submissions of counsel, and for the reasons set out below allowed the appeals in part. DECISION [12] The Subject Lands are located within the Hamlet of Claremont, are about 38 hectares in area and the existing land use is primarily agricultural. [13] To the north of the Subject Lands is a wooded area, residential uses and a railway. To the south are commercial and residential uses. To the east is Brock Road and agricultural lands, and to the west are commercial and residential uses. [14] The settlement proposal arising from the Minutes of Settlement would result in the development of 33.86 hectares of the Subject Lands within the Hamlet of Claremont consisting of 71 lots, four new roads, two stormwater management ponds, and a 1.70 hectare park. [15] At the hearing, the letter of withdrawal from party status by counsel for David Masters was entered as Exhibit 1. [16] Exhibit 2 contained the affidavit evidence of land use planners Don Given and Matthew Cory (Tab 1), and the Minutes of Settlement executed by the above noted parties (except David Masters) (Tab 2) and attached to the Minutes of Settlement with the revised draft ZBA, Draft Plan, and Draft Plan Conditions (Tab 2 Schedules A, B, and C). - 257 - 5 OLT-22-002250 [17] Entered as Exhibit 3 was an updated Participant Statement from John Hickman. [18] The Tribunal heard the uncontroverted and uncontested expert land use planning evidence of Mr. Cory in which he confirmed that the settlement proposal as found in the Minutes of Settlement: a. Had appropriate regard for all the matters of Provincial Interest in s. 2 of the Planning Act (“PA”); b. Was consistent with the Provincial Policy Statement (“PPS”); c. Conformed with the Oak Ridges Moraine Conservation Plan; d. That the Growth Plan did not apply because of the Transitional Rules in O. Reg 311/06; e. Conformed to the Regional Official Plan (June 5, 1991); f. Conformed to the Claremont Development Plan, 1991 (Edition 3); g. That the Draft Plan satisfied all the criteria of s. 51(24) of the PA; h. That the Draft Plan Conditions were reasonable and appropriate; i. That the development represented good land use planning; j. And that the development was in the public interest. [19] The Tribunal heard the submissions of counsel for the parties and from the representative of the TRCA, all in support of the settlement proposal. [20] The Tribunal considered the decisions of the Regional Council, and City Council as reflected in the Minutes of Settlement, considered the updated Participant Statement - 258 - 6 OLT-22-002250 of John Hickman (Exhibit 3), and both the affidavit planning evidence and the oral evidence of Mr. Cory. [21] The Tribunal found that the proposed development had been extensively studied, that the proposed development was within the Hamlet and would complete the Hamlet, would contribute to the vitality of the Hamlet and the additional growth would encourage the existing businesses in the Hamlet, all while not adversely affecting any natural heritage, ecologically or hydrologically sensitive features associated with the Oak Ridges Moraine, and without any adverse impacts on neighbouring/surrounding agricultural uses. [22] Thus the Tribunal found that all the statutory tests had been met: that the matters of Provincial Interests have been appropriately considered; that the settlement proposal was consistent with the PPS and conformed to the Oak Ridges Moraine Conservation Plan; that the settlement proposal conformed to the appropriate versions of the Regional Official Plan and the Claremont Development Plan 1991; that all the criteria of s. 51(24) of the PA had been met; that the Draft Plan Conditions were reasonable and appropriate; that the settlement proposal represented good land use planning; and was in the public interest. [23] Accordingly the Tribunal will: a. Allow the ZBA appeal in part and order that the City’s Zoning By-law be amended by the ZBA as found in Exhibit 2 Tab 2 Schedule A and appended to this decision as Attachment 1; b. Allow the subdivision appeal in part and approve the Draft Plan as found in Exhibit 2 Tab 2 Schedule B, and appended to this decision as Attachment 2; c. Approve the Draft Plan Conditions as found in Exhibit 2 Tab 2 Schedule C and appended hereto as Attachment 3; and - 259 - 7 OLT-22-002250 d. Order that pursuant to s. 51(56.1) of the PA, that final approval of the Draft Plan be given by the City. [24] The attachments appended to this Decision form part of the Decision. [25] This is the Order of the Tribunal. “Blair S. Taylor” BLAIR S. TAYLOR MEMBER Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal. - 260 - 8 OLT-22-002250 ATTACHMENT 1 - 261 - 9 OLT-22-002250 - 262 - 10 OLT-22-002250 - 263 - 11 OLT-22-002250 - 264 - 12 OLT-22-002250 - 265 - 13 OLT-22-002250 ATTACHMENT 2 - 266 - 14 OLT-22-002250 - 267 - 15 OLT-22-002250 ATTACHMENT 3 - 268 - 16 OLT-22-002250 - 269 - 17 OLT-22-002250 - 270 - 18 OLT-22-002250 - 271 - 19 OLT-22-002250 - 272 - 20 OLT-22-002250 - 273 - 21 OLT-22-002250 - 274 - 22 OLT-22-002250 - 275 - 23 OLT-22-002250 - 276 - 24 OLT-22-002250 - 277 - 25 OLT-22-002250 - 278 - 26 OLT-22-002250 - 279 - 27 OLT-22-002250 - 280 - 28 OLT-22-002250 - 281 - 29 OLT-22-002250 - 282 - 30 OLT-22-002250 - 283 - 31 OLT-22-002250 - 284 - 32 OLT-22-002250 - 285 - 33 OLT-22-002250 - 286 - Memo To: Susan Cassel September 13, 2022 City Clerk From: Kyle Bentley Director, City Development & CBO Copy: Manager, Building Services & Deputy CBO Supervisor, Building Permits Subject: Amendment to Schedule A and Schedule A – Part B of By-law 7362/14 appointing Inspectors File: L-2000-021 Council currently has in place By-law 7362/14, which is required to provide for the administration and enforcement of the Building Code Act within the City. This By-law includes a schedule of persons appointed pursuant to that Act. The recent hire of Donald Guo (effective June 20, 2022) and the recent resignation of Anthony Nunes (effective August 15, 2022) requires Schedule A to be updated. Additionally, due to an increasing backlog of building permit applications, and in order to meet provincially legislated timeframes, it has become necessary to outsource plans examination work to a third party contractor (RSM Building Consultants) for a limited period of time to reduce the current volume experienced within the Section. This By-law amendment will include a second Schedule A – Part B, which identifies the respective individuals, appointed as inspectors, who will be undertaking the plans review work until December 31, 2022. Funds for this third party plans review work are being sourced from 502230.10110 – Consulting & Professional from the 2022 Council approved budget, in accordance with the City’s Purchasing Policy. Please find attached the amending By-law, which reflects the above-noted permanent and interim appointments. If you have any questions, please contact me at extension 2070. Original Signed By Kyle Bentley KB:ld Attachment Schedule A – Appointments Schedule A – Part B – Interim Appointments - 287 - The Corporation of the City of Pickering By-law No. 7967/22 Being a By-law to amend Schedule A of By-law 7362/14 appointing Inspectors Whereas, pursuant to the provisions of subsection 3(1) of the Building Code Act, 1992, S.O. 1992, chapter 23, the Council of The Corporation of the City of Pickering is responsible for the enforcement of the Act within the City of Pickering; Whereas, pursuant to By-la w 7362/14, Council appointed a Chief Building Official and such Inspectors as are necessary for the enforcement of the Act within the City of Pickering; Whereas, as a result of recent staff changes, the By-law to appoint these individuals must be amended to reflect the change in staffing; Whereas, as a result of an increasing volume of permit applications, it has become necessary to outsource third party plans examination services; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Schedule A of By-law 7362/14, as amended, is hereby deleted and replaced with Schedule A attached hereto; Schedule A – Part B attached hereto is hereby added and is subject to expire on December 31, 2022. By-law passed this 20th day of September 2022. __________________________________ David Ryan, Mayor __________________________________ Susan Cassel, City Clerk - 288 - Schedule A Appointments Item Column Column 1. Chief Building Official Kyle Bentley 2. Deputy Chief Building Official/Inspector Carl Kolbe 3. Inspector Steven Amaral 4. Inspector Stuart Caulfield 5. Inspector Joseph Domanski 6. Inspector David Escudero 7. Inspector Adam Fowler 8. Inspector Peter Furnell 9. Inspector Rachelle Gravel 10. Inspector Donald Guo 11. Inspector Steven Heidebrecht 12. Inspector Steven Smythe 13. Inspector David Stawowczyk 14. Inspector Ardalan Tanha 15. Inspector Robert Watson 16. Inspector Andy Westcott 17. Inspector Litian Wei - 289 - Schedule A – Part B Interim Appointments Item Column Column 1. Inspector Barbara Mocny 2. Inspector Gerald Moore The above-noted interim appointments will expire on December 31, 2022 - 290 - Memo To: Susan Cassel City Clerk September 14, 2022 From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: Director, City Development & CBO Subject: Request for Part Lot Control By-law -Owner: Marshall Homes (Finch) Ltd. - Block 1, Plan 40M-2708 File: PLC.40M-2708 The above-mentioned block is being developed in accordance with the appropriate Agreements, Zoning By-law and Common Elements Condominium Plan in such a manner as to allow the construction of 42 townhouse dwelling units (parcels of tied lands). Attached is a location map and a draft by-law, enactment of which will exempt Block 1 from the part lot control provisions of the Planning Act thus allowing the 42 townhouse dwelling units to be created on parcels of tied lands (‘potls’) and the transfer of those potls into separate ownership. The draft by-law is attached for the consideration of City Council at its meeting scheduled for September 20, 2022. PB:ca Attachments Location Map Draft By-law - 291 - Finch Avenue 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.; City Development Department Location MapFile:Applicant:Property Description: Part Lot Control THIS IS NOT A PLAN OF SURVEY. Date: Sep. 06, 2022 Marshall Homes (Finch) Ltd. Block 1, 40M-2708 L:\PLANNING\01-MapFiles\Legal\Part Lot Control\PartLotControl_40M2708.mxd Block 140M-2708 - 292 - The Corporation of the City of Pickering By-law No. 7968/22 Being a by-law to exempt Block 1, Plan 40M-2708, Pickering, from the part lot control provisions of the Planning Act. Whereas pursuant to the provisions of section 50(7) of the Planning Act, R.S.O. 1990, chapter P.13, as amended, the Council of a municipality may by by-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the by-law; And Whereas Marshall Homes (Finch) Ltd., the owner of Block 1, Plan 40M-2708, intends to obtain approval of, and register a common elements condominium plan on the lands; And Whereas the proposed common elements condominium plan is to consist of 42 townhouse residential dwelling units; And Whereas it is intended that the owner or owners of each of the 42 townhouse dwelling units will own the parcel of tied land on which his, her or their dwelling is located, in fee simple and will also be a member or members of the common elements condominium corporation; And Whereas it is intended that the parcels of tied lands on which the 42 townhouse dwelling units are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S.O. 1990, chapter P.13. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to apply to Block 1, Plan 40M-2708, upon: (a)registration of this By-law in the Land Registry Office for the Land Titles Division of Durham (No. 40); and (b)registration of a restriction, pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, chapter L.5, requiring the consent of the Solicitor for The Corporation of the City of Pickering to the registration of any transfer or charge of any portion of Block 1, Plan 40M-2708 in the Land Registry Office for the Land Titles Division of Durham (No. 40). - 293 - By-Law No. 7968/22 Page 2 2.This By-law shall remain in force and effect for a period of two years from the date of the passing of this By-law and shall expire on September 20, 2024. By-law passed this 20th day of September, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 294 - Memo To: Susan Cassel September 14, 2022 City Clerk From: Nilesh Surti Manager, Development Review & Urban Design Copy: Chief Planner Principal Planner, Development Review Subject: Amending By-law for Zoning By-law Amendment Application A 12/17(R) Brock Dersan Developments Inc. Part of Lot 19, Concession 3 South and Part 1, 40R-2583 (2540 and 2550 Brock Road) Amending By-law 7969/22 for Zoning By-law Amendment Application A 12/17(R) Statutory Public Meeting Date April 6, 2021 Planning & Development Committee Date December 6, 2021 Subject Lands Located at the southwest corner Brock Road and Dersan Street, municipally known as 2540 and 2550 Brock Road (see Location Map). Purpose and Effect of Amending By-law 7969/22 To rezone the subject lands from “A” – Rural Agricultural to “MU-MD-5”, “MU-MD-6”, “MU-MD-7”, “MU-MD-8” and “OS-PP” to facilitate a residential condominium development consisting of 16 street townhouse units, 52 rear-lane townhouse units, 61 stacked townhouse units, 68 stacked back-to-back townhouse units and a private park. The site-specific implementing zoning by-law establishes appropriate performance standards including, but not limited to, requirements for minimum and maximum number of units, minimum vehicle parking, minimum garage dimensions, maximum building heights, minimum building setbacks, and minimum private outdoor amenity space. Council Meeting Date for By-law September 20, 2022 - 295 - September 14, 2022 Page 2 of 2 By-law 7969/22 (A 12/17 (R)) Notes: On December 13, 2021, Council approved Zoning By-law Amendment Application A 12/17 (R) to facilitate a residential condominium development consisting of 16 street townhouse units, 52 rear-lane townhouse units, 61 stacked townhouse units, and 68 stacked back-to-back townhouse units. On January 28, 2022, the applicant applied for Site Plan Approval. The applicant has worked with staff to refine their proposal to address detailed design matters that were identified through the review of the associated rezoning application with respect to minimum driveway length, minimum visitor parking ratio and interior garage sizes. These matters have been appropriately addressed by the applicant. The site plan application was presented to the Site Plan Advisory Committee on September 13, 2022, and they had no further concerns. The applicant and their planning consultant have reviewed the attached zoning by-law amendment. CM:ld \\Fs\planning\Documents\Development\D-3300 Zoning By-law Amendments (A Applications)\2011-2019\2017\A 12-17\By-law\Memo to Clerks\By-law Chart Memo to Clerks (ns edits).docx Attachments Location Map By-law (Text & Schedules) - 296 - The Corporation of the City of Pickering By-law No. 7969/22 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 19, Concession 3 South and Part 1, 40R-2583, City of Pickering (A 12/17(R), SP-2020-03, CP-2020-03) Whereas the Council of The Corporation of the City of Pickering deems it desirable to permit a common element condominium consisting of rear lane townhouses and street townhouses and a standard condominium consisting of stacked townhouses on lands being Part of Lot 19, Concession 3 South and Part 1, 40R-2583, City of Pickering; And whereas an amendment to By-law 3037, as amended is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.Schedules I and II Schedules I and II to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2.Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 19, Concession 3 South and Part 1, 40R-2583, in the City of Pickering, “MU-MD-5”, “MU-MD-6”, “MU-MD-7”, “MU-MD-8” and “OS-PP” on Schedule I to this By-law. 3.General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4.Definitions In this By-law, (1)“Air Conditioner” means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (2)“Amenity Area” means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch, private patio or deck and which has direct access from the interior of the dwelling unit. - 297 - By-law No. 7969/22 Page 2 (3) “Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (4) “Bay, Bow, Box Window” means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (5) “Building” means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (6) “Build-to-Zone” means an area of land in which all or part of a building elevation of one or more buildings is to be located. (7) “Condominium, Common Element” means spaces and features owned in common by all shareholders in a condominium and may include private streets, walkways and parking and amenity areas. (8) “Corner Rounding” shall mean a lot line of a corner lot at the intersection of two street lines including private street lines in the form of an arc, which joins the front lot line to the flankage or side lot line and joins the rear lot line to the flankage or side lot line. (9) “Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (10) (a) “Dwelling” means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) “Dwelling Unit” means a residential unit that: i) consists of a self-contained set of rooms located in a building or structure; ii) is used or intended for use as a residential premises; iii) contains kitchen and bathroom facilities that are intended for the use of the unit only; and iv) is not a mobile home or any vehicle. (c) “Dwelling, Multiple – Horizontal” means a building containing three or more dwelling units attached horizontally by an above-grade wall or walls; (d) “Dwelling, Stacked” means a residential use building for four or fewer storeys in height containing three or more principle dwelling units where the units are divided horizontally and vertically and in which each dwelling unit has an attached private garage and an independent entrance at the ground - 298 - By-law No. 7969/22 Page 3 level or through a common entrance at the ground level or at the first storey above ground and may have shared exit facilities above the first floor; (e)“Dwelling, Stacked Back-to-Back” means a residential use building for four or fewer storeys in height containing three or more principle dwelling units where the units are divided horizontally and vertically and in which each dwelling unit has an independent entrance at the ground level or through a common entrance at the ground level or at the first storey above ground and may have shared exit facilities above the first floor (11)“Grade” or “Established Grade” means, when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished surface of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment. (12)“Height, Building” means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. The height requirements of this By-law shall not apply to a roof top mechanical penthouse. (13)“Landscaped Area” means an outdoor area comprising trees, plants, decorative stonework, retaining walls, walkways, or other landscape or architectural elements, excluding aisles, private streets, driveways, porches, decks, and areas for loading, parking or storing of vehicles. (14)(a) “Lot” means an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b)“Lot Area” means the total horizontal area within the lot lines of a lot; (c)“Lot Frontage” means the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (d)“Lot, Through” means a lot bounded on opposite sides by a street. (15)“Parapet Wall” means the portion of an exterior wall extending above the roof. (16)“Private Park” means an area of land not under the jurisdiction of a public authority that is designed or maintained for active or passive recreational purposes and may be comprised of trees, plants, decorative stonework, public art, retaining walls, walkways, stairs, steps or other landscape or architectural elements. - 299 - By-law No. 7969/22 Page 4 (17)“Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (18)“Primary Entrance Door” means the principal entrance by which the resident enters or exists a dwelling unit. (19)“Private Garage” means an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (20)“Storey” means that portion of a building other than a basement, cellar or attic, included between the surface of any floor and the surface of the floor, roof deck or ridge next above it. (21)(a) “Street” means a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylight triangle abuts a street, for the purposes of determining setbacks the street shall be deemed to include the 0.3 metre reserve and/or the daylight triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act. (b)“Street, Private” means: i)a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; ii)a private road condominium, which provides access to individual freehold lots; iii)a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; iv)a private right-of-way over private property, that affords access to lots abutting the private street, but is not maintained by a public body and is not a lane. (22)“Tandem Parking Space” means two or more parking spaces abutting each other end to end with only one having access to a private street. (23)“Wall, Front” a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (24)“Water Meter Building” means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. (25)(a) “Yard” means an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; - 300 - By-law No. 7969/22 Page 5 (b)“Front Yard” means a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c)“Front Yard Depth” means the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d)“Rear Yard” means a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e)“Rear Yard Depth” means the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f)“Side Yard” means a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g)“Side Yard Width” means the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h)“Flankage Side Yard” means a side yard immediately adjoining a street not including a private street or abutting on a reserve on the opposite side of which is a street; (i)Flankage Side Yard Width” means the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. 5.Provisions (“MU-MD-5” & “MU-MD-6” Zone) (1)Uses Permitted (“MU-MD-5” & “MU-MD-6” Zone) No person shall within the lands zoned “MU-MD-5” & “MU-MD-6” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a)“MU-MD-5” (i)Dwelling, Multiple – Horizontal (b)“MU-MD-6” (i)Dwelling, Multiple – Horizontal - 301 - By-law No. 7969/22 Page 6 (2)Zone Requirements (“MU-MD-5” & “MU-MD-6” Zone) No person shall within the lands zoned “MU-MD-5” & “MU-MD-6” on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: MU-MD-5 MU-MD-6 (a) Building Location No building or part of a building or structure shall be erected outside of the building envelope as illustrated on the Schedule II attached hereto. (b) Lot Frontage (minimum) 3.7 metres 5.5 metres (c) Front Yard Depth (minimum) Nil 6.0 metres (d) Side Yard Setback (minimum) 1.2 metres except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot 1.2 metres except where dwellings on abutting lots share a common wall, no interior side yard shall be required adjacent to that wall on either lot (e) Rear Yard Depth (minimum) Nil 6.5 metres (f) Building Height (maximum) 12.0 metres (g) Parking Requirements (minimum) 2.0 parking spaces per dwelling unit (h) Visitor Parking Requirements (minimum) 0.25 of a parking space per dwelling unit, which may be provided on a separate lot. (i) Garage Requirements Minimum one private garage per dwelling unit, the vehicular entrance of which shall be located not less than 1.6 metres from a private street. Minimum one private garage per dwelling unit, the vehicular entrance of which shall be located not less than 6.0 metres from a private street. (j) Interior Garage Dimensions (minimum) (i)A private garage shall have a minimum width of 5.6 metres and a minimum depth of 5.7 metres provided, A private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided, however, the width may - 302 - By-law No. 7969/22 Page 7 MU-MD-5 MU-MD-6 however, the width may include one interior step and the depth may include two interior steps; or (ii)A private garage may permit tandem parking and shall have a minimum width of 3.0 metres and a minimum depth of 11.4 metres provided, however the width may include two interior steps and depth may include one interior step include two interior steps and the depth may include two interior steps. (k) Driveway Width (maximum) A driveway shall not exceed the width of the building or structure to which it provides access. 3.7 metres 6.Provisions (“MU-MD-7” & “MU-MD-8” Zone) (1)Uses Permitted (“MU-MD-7” & “MU-MD-8” Zone) No person shall within the lands zoned “MU-MD-7” & “MU-MD-8” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a)“MU-MD-7” Zone (i)Dwelling, Stacked (b)“MU-MD-8” Zone (i)Dwelling, Stacked Back-to-Back - 303 - By-law No. 7969/22 Page 8 (2)Zone Requirements (“MU-MD-7” & “MU-MD-8” Zone) No person shall within the lands zoned “MU-MD-7” & “MU-MD-8” on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: MU-MD-7 MU-MD-8 (a) Building Location No building or part of a building or structure shall be erected outside of the building envelope as illustrated on the Schedule II attached hereto. (b) Setback between building blocks (minimum) 10.5 metres between Front Walls 3.0 metres between Side Walls (c) Building Height (maximum) 12.0 metres 17.5 metres (d) Parking Requirements (minimum) 2.0 parking spaces per dwelling unit 1.0 parking space per dwelling unit (e) Visitor Parking Requirements (minimum) 0.25 of a parking space per dwelling unit, which may be provided on a separate lot. (f) Garage Requirements Minimum one private garage per dwelling, the vehicular entrance of which shall be located not less than 6.0 metres from a private street. Nil (g) Interior Garage Dimensions (minimum) (i)A private garage shall have a minimum width of 3.0 metres and a minimum depth of 6.0 metres provided, however, the width may include one interior step and the depth may include two interior steps. Nil (h) Driveway Width (maximum) A driveway shall not exceed the width of the building or structure to which it provides access. Nil - 304 - By-law No. 7969/22 Page 9 7.Provisions (“OS-PP” Zone) (1)Uses Permitted (“OS-PP”) No person shall within the lands zoned “OS-PP” on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a)Private Park 8.Special Provisions (“MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” Zones) (1)Number of Dwelling Units: (a)Minimum: 76 (b)Maximum: 197 (2)No building, or portion of a building, or structure shall be erected within the building envelope, unless a minimum of 60 percent of the entire length of the build-to-zone, as illustrated on Schedule II attached hereto, contains a building or part of a building. (3)Sections 5.10, 5.19.1, 5.19.2, 5.20, 5.21, and 5.22 of By-law 3037, as amended, shall not apply to the lands on Schedule I to this By-law. (4)A private street shall have a minimum width of 6.5 metres. (5)Despite any minimum front yard depth, rear yard depth, side yard depth or flankage yard depth, on a corner lot, the minimum setback to a corner rounding at the front of a lot shall be 1.0 metre, the minimum setback to a corner rounding at the rear of a lot shall be 1.0 metre, and the minimum setback to a corner rounding at the side yard or flankage of a lot shall be 1.0 metre. (6)Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs, and other similar architectural features may be permitted to be located beyond the building envelope as identified on Schedule II attached hereto and in any required yard, provided that no such feature projects beyond the building envelope or required yard more than 0.6 of a metre or half the distance of the required yard, whichever is less. (7)Walls or screens to screen utilities may be permitted to be located beyond the building envelope as identified on Schedule II attached hereto and in any required yard to a maximum of 1.2 metres, but shall not extend beyond the property line. (8)Despite Section 5(2)(a) and Section 6(2)(a), a porch, uncovered deck, private patio or balcony may encroach beyond the building envelope as illustrated on Schedule II attached hereto and any required front yard to a maximum of 2.5 metres, but shall be located a minimum of 1.2 metres from a lot line. - 305 - By-law No. 7969/22 Page 10 (9)A porch, uncovered deck or balcony may encroach into any required flankage yard and side yard to a maximum of 2.0 metres, but shall not extend beyond the property line. (10)Despite Section 5(2)(a) and Section 6(2)(a), an uncovered porch or uncovered deck not exceeding 2.0 metres in height above grade, may encroach a maximum of 2.0 metres beyond the building envelope as illustrated on Schedule II attached hereto, into any required rear yard. (11)Despite Section 5(2)(a) and Section 6(2)(a), stairs to a porch, uncovered deck or entrance may encroach to within 0.45 of a metre of the front or flankage lot line; to within 1.0 metre of a rear lot line and to within 0.6 of a metre of a side lot line. (12)A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach beyond the building envelope as identified on Schedule II attached hereto and any required yard to a maximum of 0.6 of a metre or half the distance of the required yard, whichever is less. (13)Despite Section 5(2)(a) and Section 6(2)(a), waste shall be stored within a fully enclosed building, structure or partially underground structure, which shall be permitted to be located beyond the limits of the building envelop as identified on Schedule II attached hereto, but no closer than 1.0 metre to any lot line. (14)Air Conditioners are to be located in the rear yard or side yard or on or below a balcony or roof or on a private patio at or below grade. In addition, such units shall not be located any closer than 0.6 of a metre to a side lot line and shall not be located on any easement in favour of the City. (15)Visitor parking spaces shall be setback a minimum of 3.0 metres from all streets. (16)Despite Section 7(1), below grade parking structures shall be permitted to be located within lands zoned “OS-PP”. 9.Special Regulations (“MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” Zones) (1)Despite the provisions of Section 5.6 of By-law 3037, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a private street for the lands on Schedule I to this By-law. (2)Despite Section 9(1), the lot line abutting Dersan Street and Four Seasons Lane shall be deemed the front lot line for lands zoned “MU-MD-5”. (3)Despite Section 9(2), where a lot is bounded on opposite sides by a private street, the lot line closest to the primary entrance door is deemed to be the front lot line for lands zoned “MU-MD-5”. (4)A water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from “MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” zone use provisions and zone requirements. - 306 - By-law No. 7969/22 Page 11 (5) Minimum Private Amenity Area for lands zoned “MU-MD-5”, “MU-MD-7” and “MU-MD-8” on Schedule I to this By-law: (a) 4.5 square metres of private amenity area shall be provided for each unit; (b) accessory structures such as pergolas, shed or other similar structures shall not be permitted on the balcony above the garage of the dwelling unit; (c) the outdoor private amenity area located above the garage at the rear of the dwelling unit shall not be enclosed. 10. Restrictions on the Parking and Storage of Vehicles (“MU-MD-5”, “MU-MD-6”, “MU-MD-7” and “MU-MD-8” Zones) No person shall use any lot for the parking or storage of vehicles except in accordance with the following provisions: (1) Number of Vehicles: (a) A maximum of 2 vehicles, only 1 of which may be a trailer, are permitted to park on a driveway. (2) Size of Vehicles: (a) for those vehicles parked on any driveway, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.0 metres; (b) height is measured from the established grade immediately beside the vehicle up to the vehicle’s highest point, which excludes lights, antennas and other such items ancillary to the vehicle’s body. (3) Location of Vehicles: (a) No part of any yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any Street or Private Street. (4) Inoperative Vehicles: (a) The parking or storage of an inoperative vehicle is not permitted unless it is entirely within a fully enclosed building or structure. (5) Construction Vehicles: (a) The parking or storage of a construction vehicle or a commercial vehicle is not permitted, unless it is entirely within a fully enclosed building or structure. (6) Oversize Vehicles: - 307 - By-law No. 7969/22 Page 12 (a)A vehicle that exceeds the maximum permissible vehicle size provisions of Section 8(2) of this By-law, is permitted to park temporarily for the sole purpose of delivering to, servicing or constructing the premises. 11.Model Homes (1)A maximum of 2 blocks, together with not fewer than two parking spaces per Model Home, may be constructed on the lands zoned “MU-MD-5” and “MU-MD- 6” as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control, provided each zone does not exceed 1 block. (2)A maximum of 2 blocks, together with not fewer than two parking spaces per Model Home, may be constructed on the lands zoned “MU-MD-7” and “MU-MD-8” as set out in Schedule I attached to this By-law, provided each zone does not exceed more than 1 block. (3)For the purpose of this By-law, “Model Home” shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 12.By-law 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules I and II to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 13.Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 20th day of September, 2022. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 308 - MU-MD-8 MU-MD-7 MU-MD-5 MU-MD-6 MU-MD-7 OS-PP OS-PP F o u r S e as o ns L a n e William Jackson Dersan Street Castlegate Crossing Br o c k R o a d Clerk Mayor NSchedule I to By-Law 7969/22 Passed This 20th Day of September 2022 164.3m 21 . 2 m 12.9m58.3m 4 7 . 1 m 1 0 8 . 2 m 99.6m 113.3m 31. 2 m 12 1 . 8 m 62 . 2 m 30 . 3 m 2 8 . 5 m 26.2m 30.1m 5.8m 6. 8 m 15.3m 21 . 7 m 11.9m 55.6m 53.3m47.6m 40 . 7 m 62 . 2 m 35 . 7 m 26 . 5 m 18. 8 m 12.9m - 309 - F o u r S e as o ns L a n e William Jackson Dersan Street Castlegate Crossing Br o c k R o a d Clerk Mayor N 6.5m Building Envelope Build-to-Zone (3.0 metres) 3.0m Schedule II to By-Law Passed This Day of 7969/22 20 th September 2022 3.0m 3.0m 6.5m 3.0m 6.5m 3.0m 3.0m 3.0m - 310 -