HomeMy WebLinkAboutMarch 5, 2012 (Joint)
C-ttq o0 Joint Planning & Development &
Executive Committee Meeting
Agenda
PI rKERIN Monday, March 5, 2012
Council Chambers
7:30 pm
Chair: Councillor Pickles
Delegations
1. Ethan Putman
Re: Destination Imagination Group - The Smarties
Providing Information on the Organization to Committee
Part "A"
Planning Information Reports Pages
Subject: Information Report No. 02-12 1-8
Draft Plan of Subdivision SP=2011-04
Zoning Amendment Application A 17/11
Kindwin (Brock) Development Corporation
2077, 2095 Brock Road
(Part of Lot 18, Concession 2), City of Pickering
Subject: Information Report No. 03-12 9-14
Draft Plan of Condominium CP-2011-03
Grossi Group Development Inc.
361 Chickadee Court
(Block 18, Plan 40M-1827), City of Pickering
i
Part "B"
Planning Committee Reports
1. Director, Planning & Development, Report PD 06-12 15-44
Zoning By-law Amendment Application A 26/08
A. Adjedani
1234 Kingston Road, Lot 17, Plan 489, City of Pickering
Recommendation
1. That Report PD 06-12 of the Director, Planning & Development be received;
Accessible For information related to accessibility requirements please contact
Linda Roberts
PICKER IAN G Phone: 905.420.4660 extension 2928
TTY: 905.420.1739
Email: Irobe rtse.citvofpickerina.com
Citq o0 Joint Planning & Development &
Executive Committee Meeting
Agenda
7P!l C K E R I Monday, March 5, 2012
Council Chambers
7:30 pm
Chair: Councillor Pickles
2. That Zoning By-law Amendment Application A 26/08 submitted by Ali
Adjedani to permit limited commercial uses within an existing building on
lands being Lot 17, Plan 489, City of Pickering be approved subject to the
conditions outlined in Section 3.7 to Report PD 06-12;
3. That the owner be required to install an ecologizer unit for odour control in
association with any bakery or restaurant use on the property and this
requirement form part of any site plan approval for this property;
4. That the draft zoning by-law to implement Zoning By-law Amendment
Application A 26/08, as set out in Appendix I to Report PD 06-12, be
forwarded to City Council for enactment, and;
5. Further, that Council'endorse the granting of an easement over abutting
City-owned lands being part of the unopened Wilanna Road right-of-way and
part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey
as shown on Attachment #10 to Report PD 06-12), in favour of the owner of
1234 Kingston Road, to be used for grading and sanitary/stormwater service
connections.
2. Director, Planning & Development, Report PD 07-12 45-87
Draft Plan of Subdivision Application SP-2011-02
Draft Plan of Condominium Application CP-2011-02
Zoning By-law Amendment Application A 12/11
Maddy Development Inc.
1290 &1292 Old Orchard Avenue
(Lot 8 and Part of Lot 7 & 9, Plan 432), City of Pickering
Recommendation
1. That Report PD 07-12 of the Director, Planning & Development be received;
2. That Draft Plan of Subdivision Application SP-2011-02 submitted by Maddy
Development Inc. to permit a single block plan of subdivision on lands being
Lot 8 and Part of Lot 7 & 9, Plan 432, City of Pickering, be approved subject
to the conditions outlined in Appendix I to Report PD 07-12;
Cry o0 Joint Planning & Development &
Executive Committee Meeting
_ Agenda
PI KERI Monday, March 5, 2012
Council Chambers
7:30 pm
Chair: Councillor Pickles
3. That Zoning By-law Amendment Application A 12/11 submitted by Maddy
Development Inc., to amend the zoning of the subject property to permit
detached dwellings accessed by a common element condominium be
approved in accordance with the standards set out in Appendix II of Report
PD 07-12; and
4. Further, that the draft zoning by-law to implement Zoning Amendment
Application A 12/11, as set out in Appendix II to Report PD 07-12, be finalized
and forwarded to City Council for enactment.
3. Chief Administrative Officer's Report, CAO 04-12 88-92
Louisville Homes Limited, Plan of Subdivision 40M-2299
-Final Assumption of Plan of Subdivision
Recommendation
1. That Goldenridge Road, Rushton Road and Fairport Road within Plan
40M-2299 be assumed for public use;
2. That the works and services required by the Subdivision Agreement within
Plan 40M-2299, which are constructed, installed or located on lands
dedicated to, or owned by the City, or on lands lying immediately adjacent
thereto, including lands that are subject to easements transferred to the City,
be accepted and assumed for maintenance;
3. That the Subdivision Agreement and any amendments thereto relating to
Plan 40M-2299 be released and removed from title; and
4. That the draft by-law to dedicate Blocks 19 and 20, Plan 40M-2299 as public
highway be enacted.
Part "C"
Executive Committee Reports
1. Director, Community Services, Report CS 03-12 93-103
The Canadian Progress Club - Durham South
-Front Street Centre Lease Renewal
Recommendation
Citq oo Joint Planning & Development &
~Executive Committee Meeting
Agenda
PICKERING Monday, March 5, 2012
Council Chambers
7:30 pm
Chair: Councillor Pickles
1. That Report CS 03-12 be received by Council and;
2. That the Mayor and City Clerk be authorized to execute a renewal lease
agreement to permit The Canadian Progress Club - Durham South to
continue their use for club and community purposes at the Front Street
Centre from February 1, 2012 to January 31, 2015 that is acceptable to the
Director, Community Services and the City Solicitor.
2. Director, Community Services, Report CS 06-12 104-117
The Claremont Lions Club
-Management Agreement Renewal
Recommendation
1. That Report CS 06-12 be received by Council; and
2. That the Mayor and City Clerk be authorized to execute a management
agreement renewal to which the Claremont Lions Club will be permitted to
continue to provide certain management services to the City at the Claremont
Community Centre from April 1, 2012 to March 31, 2017, that is in a form and
substance acceptable to the Director, Community Services and the City
Solicitor.
3. Director, Corporate Services & Treasurer, Report CST 04-12 118-127
Tender/Contract Approval
-Council's Break for Christmas/New Year Period
Recommendation
1. That Report CST 04-12 of the Director, Corporate Services & Treasurer
regarding tender and contract approvals during the Council Break for
Christmas/New Year be received; and,
2. That Council confirm the Chief Administrative Officer's approval of Request
for Proposal No. RFP-4-2011 submitted by AECOM for Consulting Services
for Structural Repairs & Associated Works.
Cicq co Joint Planning & Development &
Executive Committee Meeting
Agenda
PI CKERIN Monday, March 5, 2012
Council Chambers
7:30 pm
Chair: Councillor Pickles
4. Director, Corporate Services & Treasurer, Report CST 05-12 128-136
Statement of the Treasurer Respecting 2011 Remuneration and Expenses
of Members of Council and Council Appointees to Boards, Agencies and
Committees
Recommendation
That Report CST 05-12 of the Director, Corporate Services & Treasurer regarding
the Statement of the Treasurer respecting Remuneration and Expenses of
Members of Council and Council Appointees for the year 2011 be received.
(II) OTHER BUSINESS
(III) ADJOURNMENT
City Information Report
Report Number: 02-12
For Public Information Meeting of
PICKERING Date: March 5, 2012
01
In Accordance with the Public Meeting Requirements
of the Planning Act, R.S.O. 1990, chapter P.13
Subject: Draft Plan of Subdivision SP-2011-04
Zoning Amendment Application A 17/11
Kindwin (Brock) Development Corporation
2077, 2095 Brock Road
(Part of Lot 18, Concession2)
City of Pickering
1.0 Property Location and Description
• the subject lands are located on the east side of Brock Road, between Finch
Avenue and Major Oaks Road (see Location Map - Attachment #1)
• the subject lands consist of three parcels of land with a total area of
approximately eight hectares
• the subject lands are currently vacant except for a temporary sales pavilion
• a number of mature trees are situated along the perimeter of the lands
• surrounding land uses are:
north - Pickering Baptist Community Church
south - a vacant dwelling on lands zoned for future mixed use
commercial and residential uses
east - _ East Duffins Creek valleylands and the Town of Ajax
west - an established residential neighbourhood across Brock Road
• the lands also surround the Pickering Islamic Centre property on three sides
2.0 Applicant's Proposal
• the proposal is to subdivide the lands to create up to166 lots including:
• 22 lane townhouses fronting Brock Road (5.0 metre wide dwelling units)
• 62 street townhouses (7.5 metre wide lots)
• up to 82 semi-detached dwellings (8.7 metre wide lots) and single
detached dwellings (9.1 metre wide lots)
• a park block (0.24 hectares)
• a stormwater management pond block (0.34 hectares)
• an open space block (1.2 hectares)
• two new access roads from Brock Road are proposed, one opposite the
existing signalized T-intersection with Major Oaks Road and the other
directly south of the Pickering Islamic Centre property (see Applicant's
Submitted Plan - Attachment #2)
Information Report No. 02-12 Page 2
02
3.0 Official Plan and Zoning
3.1 Durham Regional Official Plan
• the Regional Official Plan designates the subject property "Urban System -
Regional Corridor and Living Area"
• "Regional Corridors" are to be planned and developed as mixed use areas,
including residential, commercial and service areas with higher densities and
achieving a mix of commercial, residential, employment and institutional uses
while supporting higher order transit services and pedestrian oriented
development
• Regional Official Plan Amendment No. 128 (ROPA 128), which implements
the Provincial Growth Plan, contains provisions that require significantly
higher densities for identified portions of Regional Corridors (including Brock
Road in this location); the amendment is currently under appeal
3.2 Pickering Official Plan
• the subject lands are within the Brock Ridge Neighbourhood of the Official
Plan and are designated "Urban Residential Area - Medium Density Area"
and "Open Space System - Natural Areas"
• the Brock Ridge Neighbourhood policies encourage a variety of housing
forms and the plan shows new road connections, an elementary school and a
park in the vicinity of the subject lands
• the "Urban Residential Area - Medium Density Area" designation is intended
primarily for residential uses and provides for the proposed detached, semi-
detached and townhouse dwelling units as well as other built forms such as
stacked townhouses and apartment buildings, at a density of over 30 units up
to and including 80 units per net hectare
• the proposed development would provide a net maximum site density of
approximately 42 units per hectare
• lands designated "Open Space System - Natural Areas" are intended to be
used primarily for conservation, environmental protection and education,
restoration, and passive recreation
• Schedule II - Transportation Systems designates Brock Road where it abuts
the subject lands as a "Type A - Arterial Road" and a "Transit Spine" and
designates the proposed Street A as a "Collector Road"
• Transit Spines are recognized corridors where higher level of transit service is
to be encouraged
• the subject property is subject to the Duffins Precinct Development Guidelines
3.3 Duffins Precinct Development Guidelines
• the Duffins Precinct Development Guidelines provide direction for detailed
land use, transportation network, community design objectives and servicing
arrangements for the precinct
• the subject property is delineated as Development Areas 3 and 4 on the Tertiary
Plan (Duffins Precinct Tertiary Plan - Attachment #3 )
Information Report No. 02-12 Page 3
03
• Area 3 representing the Brock Road frontage requires application of innovative
architectural designs and effective urban design to humanize the street, mitigate
the effects of traffic, and present an attractive frontage along Brock Road; three
to five storey buildings are recommended for lands in Area 3
• two to four storey buildings are recommended for Area 4, which represents the
interior of the precinct
• buildings at the intersection of Brock Road and Major Oaks Road are
intended to establish a strong building presence for Brock Road and to frame
the entry-point into the Precinct
• detailed floodplain mapping by the Toronto and Region Conservation
Authority subsequent to Council's adoption of the Neighbourhood Plan and
Development Guidelines has resulted in realignment of the "top of bank" or
development limit for the East Duffins Creek Valley closer to Brock Road in
certain areas; this realignment of the development limits, among other
matters, affects the proposed road pattern in the Precinct; the
Neighbourhood Plan and,the Development Guidelines will require
amendment to reflect these changes
3.4 Duffins Precinct Environmental Servicing Plan
• the City of Pickering Official Plan requires the completion of an updated
(Master) Environmental Servicing Plan (ESP) for Duffins Precinct prior to
approving any detailed development plans
• an ESP for Duffins Precinct was prepared in 1999, but did not receive final
approval
• the realignment of the "top of bank" for the East Duffins Creek Valley has
resulted in the need for an update to the ESP for the southern portion of
Duffins Precinct
• the owner of the subject lands, on behalf of area landowners, has undertaken
this review; the first draft of the ESP update has been submitted and is
currently under review by the City and the Toronto Region Conservation
Authority
3.5 Zoning By-law 3036
• the subject lands are currently zoned "A"- Rural Agricultural, by Zoning
By-law 3036 which permits a variety of agriculture related uses
• an amendment to the zoning by-law is required to permit the proposed range
of residential lands and to bring the zoning for the property into conformity
with the Official Plan
4.0 Results of Circulation
4.1 Resident Comments
• none received in response to the circulation to date
Information Report No. 02-12 Page 4
0
4.2 Agency Comments
• none received in response to the circulation to date
4.3 City Department Comments
• none received in response to the circulation to date
4.4 Staff Comments
• the following matters have been identified by staff for further review and
consideration:
• ensuring that the proposed development is compatible with and sensitive
to existing and recently approved future development
• approval of the ESP update
• consistency of the proposed draft plan with the ESP update
• consistency of the proposed draft plan with possible amendments to the
Neighbourhood Plan and Development Guidelines
• conformity with the City's Official Plan policies and Development
Guidelines with respect to the requirements outlined in Section 3.2 and 3.3
• the need for a collector road in terms of location, design, function and
providing access to the lands to the south
• reviewing the overall subdivision design including amongst other matters
the internal road, connections to abutting properties to the north and south
• confirming the School Board's requirement/release of a school site
• reviewing the proposed park location, design and size
• proposed sustainable development components
• ensuring that technical submissions and reports meet City standards
• determination of whether minor amendments to the Official Plan and
Duffins Precinct Development Guidelines will be required through this
development proposal or will be initiated by the City
5.0 Procedural Information
• written comments regarding this proposal should be directed to the Planning
& Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report
prepared by the Planning & 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 or approves the draft plan of subdivision for this proposal
• any member of the public who wishes to be notified of Council's decision
regarding this proposal must request such in writing to the City Clerk
Information Report No. 02-12 Page 5
05
6.0 Other Information
6.1 Information Received
• full scale copies of the plans and studies listed below are available for viewing
at the offices of the City of Pickering Planning & Development Department:
• Draft Plan of Subdivision Application
• Zoning By-law Amendment Application
• Proposed Draft Plan of Subdivision
• Planning Rationale & Sustainable Development Report
• Scoped Environmental Impact Statement
• Phase 1 Environmental Site Assessment September 2000
• Phase One Site Assessment December 6, 2011
• Functional Servicing & Stormwater Management Report
• Traffic Impact Study
• Environmental Noise Assessment
• Archaeological Assessment and clearance letter from the Ministry of
Culture
• Chemical Analysis of Soil Samples
6.2 Owner/Applicant Information
• the owner of the subject lands is Kindwin (Brock) Development Corp.
represented by David Brand
• Dayna Gilbert, of Sernas Associates, is the authorized agent
Deborah'Wylie/MCIP, RPP Ross Pym, MCIP,
Senior Planner; olicy Principal Planner - Development Review
IJ:jf
Attachments
Copy: Director, Planning & Development
Attachment #-I-to
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PROPERTY DESCRIPTION Concession 2 South part of lot 18, 40R-12484 Parts 1-3
OWNER Kindwin (Brock) Development Corp. DATE Feb. 2, 2012 DRAWN BY JB
FILE No. SP 2011-04 & A 17/11 SCALE 1:5,000 CHECKED BY IJ N
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Attachment # 2 to
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INFORMATION COMPILED FROM APPLICANTS 07
SUBMITTED PLAN
KINDWIN (BROCK) DEVELOPMENT CORP.
SP-2011-04 & A 17/11
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SUBM777ED PLAN ARE AVAILABLE FOR VIEWING AT
7HE CITY OF PICKERING PUNNING d DEV£LOPMENr OEPAR77WENT.
THIS MAP WAS PRODUCED BY THE CBY OF PICKERING
PLANNING & DEVELOPMENT DEPARWMEN7,
INFORMARON R SUPPORT SERVICES
FEB 1, 2012.
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JULY 100
c~ 00 Information Report
Report Number: 03-12
For Public Information Meeting of
PICKERING Date: March 5, 2012
In Accordance with the Public Meeting Requirements
of the Planning Act, R.S.O. 1990, chapter P.13
Subject: Draft Plan of Condominium CP-2011-03
Grossi Group Development Inc.
361 Chickadee Court
(Block 18, Pan 40M-1827)
City of Pickering
1.0 Property Location and Description
• the subject property is located on Chickadee Court, north of Pine Grove
Avenue, east of Altona Road (see Location Map, Attachment #1)
• the subject property fronts Chickaee Court and has a lot area of approximately
0.3 hectares
• residential uses exists to the north and west of the site
• lands to south and east are used for open space purposes (Altona Forest)
• the initial phase of the approved site plan is currently under construction on
the subject property
1.1 Background
• the approved medium density development was established through a
previous zoning by-law amendment (City of Pickering File Number A 04/86R),
which granted the applicant permission to develop a variety of built forms
such as semi-detached, townhouses, quadruplexes and/or apartment
buildings
2.0 Applicant's Proposal
• the applicant proposes to establish tenure for 12 approved dwelling units on
the subject property through a common element condominium description (see
Applicant's Submitted Plan, Attachment #2)
• freehold ownership is proposed for the dwelling units and a common element
condominium for roads and services
• the development comprises of 12 dwelling units, with 2 semi-detached
dwellings and 2 townhouse blocks, each containing 5 units
Information Report No. 03/12 Page 2
i 03
3.0 Official Plan and Zoning
3.1 Durham Regional Official Plan
• the Regional Official Plan designates the subject property as "Urban System
- Living Areas"
• these areas are intended to be used for and incorporate a range of housing
types, sizes and tenure
• the applicant's proposal conforms to the Regional Official Plan
3.2 Pickering Official Plan
• the City's Official Plan designates the subject property as "Urban Residential
Areas - Medium Density Areas" within the Highbush Neighbourhood
• these areas accommodate a wide range of residential uses, community,
cultural and recreational with a net residential density of over 30 and up to
and including 80 units per net hectare
• the applicant's proposal of 12 units translates to approximately 36 units per
net hectare, which conforms to the required medium density provisions.for the
subject property
• the applicant's proposal conforms to the City's Official Plan
3.3 Zoning By-law 3036
• the subject property is zoned "RMM" - Multi-Residential Zone by Restricted
Area Zoning By-law 3036, as amended by By-law 4645/95
• this zone permits a variety of built forms such as semi-detached dwellings,
multiple dwelling - horizontal, multiple dwelling - quadruplex and multiple
dwelling vertical
• in 2009, the applicant applied for and received approval for a Minor Variance
to accommodate the existing site layout (see Attachment #2)
• the applicant's proposed plan of condominium development complies with the
requirements of the "RMM" - Multi Residential Zone as varied by the
Committee of Adjustment
4.0 Results of Circulation
4.1 Resident Comments
• none to date
4.2 Agency Comments
Durham District School Board - no objections
Information Report No. 03/12 Page 3
11
4.3 Staff Comments
4.3.1 Site Plan
in March, 2008, the Planning & Development Department approved the
applicant's Site Plan application (File Number S 01/04(R07)) to develop
12 dwelling units comprised of 2 semi-detached dwellings and 2 townhouse
blocks, each containing 5 units
• the applicant has received building permits for one 5-unit townhouse block,
which is currently under construction
• building permits have been submitted for the remaining 7 dwellings which are
currently under review by City Staff
4.3.2 Common Element Condominium Description
• the purpose of this application is to determine whether the common element
description is the appropriate form of tenure for this residential development
• a common element condominium refers to a development where each
dwelling unit is individually owned (freehold ownership), and where amenities
or physical features are collectively owned by the unit owners as tenants in
common
• it is anticipated that a future common element condominium corporation will
be established to permit a community of individually owned homes and
maintain joint services, amenities and physical features of the development
through a common element condominium corporation
• as a condition of condominium development, the owner will be required to
satisfy staff, amongst other matters, that public garbage collection will include
recycling pick-up in front of each unit
5.0 Procedural Information
• written comments regarding this proposal should be directed to the Planning
& Development Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted for consideration by the Director,
Planning & Development prior to a decision on the application
• any member of the public who wish to reserve the option to appeal the City's
decision must provide comments to the City before the Director, Planning &
Development issues conditions of draft approval for the proposal
• any member of the public who wish to be notified of a decision regarding this
proposal must request such in writing to the City Clerk
• if a person or public body that files an appeal of a decision of the Director,
Planning & Development in respect of the proposed plan of condominium
does not make an oral submission at the public meeting, or make written
submissions to the Director before the proposed plan of condominium is
approved or refused, the Ontario Municipal Board may dismiss the appeal
Information Report No. 03/12 Page 4
12
5.1 Further Processing
• in accordance with the City's Council policy and Delegation By-law 5391/01
no further Planning & Development Reports on this application will be
forwarded to Council
• the Director, Planning & Development will make a decision on the application
after all comments from the circulated departments, agencies and public have
been received and assessed
• if appropriate the Director, Planning & Development will issue proposed .
conditions of approval for the subject application
6.0 Other Information
6.1 Information Received
• full scale copies of the Applicant's submitted plan are available for viewing at
the offices of the City of Pickering Planning & Development Department
• Grossi Group Developments Inc. Site Plan (S 01/04(R07))
6.2 Company Principal
• the applicant and owner of the subject property is Frank Grossi of Grossi
Group Developments Inc.
Ashley Y ood, MCIP, PP Ross Pym, MCIP, R
Planner Principal Planner - Development Review
AY:ld
Attachments
Copy: Director, Planning & Development
Attachment # i to
Information Report# D3-+0
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PROPERTY DESCRIPTION Plan 40M-1827 Block 18 07\
OWNER GROSSI GROUP DEVELOPMENT INC. DATE Jan. 9, 2012 DRAWN BY JB
FILE No. CP-2001-03 SCALE 1:5,000 CHECKED BY AY
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THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING &
DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES
DIVISION MAPPING AND DESIGN, FEBRUARY 7, 2008.
Report to
Planning & Development Committee
PICKERIN Report Number: PD 06-12
Date: March 5, 2012
15
From: Neil Carroll
Director, Planning & Development
Subject: Zoning By-law Amendment Application A 26/08
A. Adjedani
1234 Kingston Road
Lot 17, Plan 489
City of Pickering
Recommendation:
1. That Report PD 06-12 of the Director, Planning & Development be received;
2. That Zoning By-law Amendment Application A 26/08 submitted by Ali Adjedani to
permit limited commercial uses within an existing building on lands being Lot 17,
Plan 489, City of Pickering be approved subject to the conditions outlined in
Section 3.7 to Report PD 06-12;
3. That the owner be required to install an ecologizer unit for odour control in
association with any bakery or restaurant use on the property and this
requirement form part of any site plan approval for this property;
4. That the draft zoning by-law, to implement Zoning By-law Amendment Application
A 26/08, as set out in Appendix I to Report PD 06-12, be forwarded to City
Council for enactment, and;
5. Further, that Council endorse the granting of an easement over abutting
City-owned lands being part of the unopened Wilanna Road right-of-way and
part of Lot 18, Plan 489 (shown as Parts 2 and 3 of the Topographical Survey as
shown on Attachment #10 to Report PD 06-12), in favour of the owner of 1234
Kingston Road, to be used for grading and sanitary/stormwater service
connections.
Executive Summary: The applicant proposes to amend the existing zoning of the
property from "R3" - Single Residential to "MU-20" Mixed Use in order to permit limited
commercial uses within the existing building. The subject property currently supports a
146 square metre detached dwelling which is intended to be converted into a
commercial building with a 61 square metre partial second storey addition (see Location
Map and Applicant's Submitted Plan, Attachments #1 and #2).
The Toronto and Region Conservation Authority (TRCA) advise that the subject lands
are located within a Regional Storm Flood Plain associated with Pine Creek. The creek
abuts the subject property immediately to the north and east.
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 2
16
Although development is restricted on lands designated as flood plain, minor changes
to existing structures may be considered provided it is demonstrated that the existing
building and parking area can be flood proofed in the event of a Regional flood, and
that the risk to property and loss of life is reduced.
The applicant has conditionally satisfied'TRCA, the Region of Durham and the City's
requirements respecting redevelopment of the property. These requirements will be
addressed through conditions of Site Plan Approval and specific zoning provisions
established through this application.
The recommended zoning will establish performance standards for the subject lands
that will permit the conversion of the existing residence to a commercial establishment
containing commercial uses that are compatible with the surrounding neighbourhood
and conform to the Pickering Official Plan. The proposed by-law contains requirements
that will allow the conversion and minor expansion of the existing one storey detached
residential building into a partial two storey commercial building with appropriate
performance standards.
It is recommended that this application be approved and the draft by-law amendment
be forwarded to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed recommendation.
1.0 Background:
The subject property is generally located on the north side of Kingston Road,
west of Liverpool Road. The property also abuts Pine Creek to the east and
north (see Location Map, Attachment #1). The property has a lot frontage of
approximately 30 metres and a lot area of 0.23 hectares. The property is
currently occupied by a 146 square metre one storey detached dwelling, which is
intended to be converted into a commercial building with a 61 square metre
partial second storey addition (see Applicant's Submitted Plan, Attachment #2).
Surrounding land uses are residential, commercial and open space. The
property is regulated to the east and north by the Toronto and Region
Conservation Authority due to its location within the Pine Creek flood plain.
The Durham Regional Official Plan and the City's Official Plan designate the
property Mixed Corridors which permits a wide range of commercial and/or
residential development along Kingston Road. The Region and City Official
Plans also designate the north and east portion of the property as Key Natural
Heritage and/or Hydrologic Features (KNHHF) and Open Space System -
Natural Areas; development in these areas is restricted. The proposed
development complies with the Regional and City's Official Plan.
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 3
The application proposes to amend the existing "R3" Residential zoning to a
Mixed Use zoning ("MU-20") in order to permit a range of commercial uses.
The owner of the subject property intends to redevelop the property to
accommodate a pizza restaurant establishment.
2.0 Comments Received:
2.1 Before the Public Information Meeting
A letter was received from Mary Aroukatos, representing the neighbouring
property to the west at 1222 Kingston Road (see Attachment #5).
2.2 At the April 6, 2009 Public Information Meeting
(see Meeting Minutes, Attachment #4)
Doug Howard of 1775 Storrington Street commented that the subject property
should remain residential. He noted that commercial zoning permitting a
restaurant would bring food odours and increased garbage which would attract
animals. He also noted that the proposed commercial uses may damage Pine
Creek.
Mary Aroukatos expressed concern on behalf of the owners of 1222 Kingston
Road. The concerns identified are listed below:
• a shared driveway access between 1222 and 1234 Kingston Road
• the removal of existing vegetation on the subject property caused by the
shared driveway access
• the proposal of patio space on the subject property
• increased flood-risk caused by development on the subject property
• the proposed restaurant turning into a bar and other similar establishments
• proposed building should be developed in a way that will enhance Kingston
Road (such as to what exists at the bottom of Liverpool Road)
• traffic lights in front of the Loblaws entrance on Kingston Road should be
considered to address traffic
Paul Newman of 1769 Storrington Street was opposed to a proposed pizza
restaurant establishment, however he was not opposed to other commercial
uses such as office type uses.
2.3 Agency Comments (see Attachments #6, #7 and #9)
Durham Region • no objections provided that the subject property
Health Department is serviced by municipal sanitary sewer and
municipal water
• if municipal sanitary sewer is not available, a
new Class IV private sewage disposal system
will have to be installed to service the proposed
development (see Attachment #6)
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 4
Durham Region • the northern portion of the subject lands contain
Planning Department "Key Natural Heritage and/or Hydrologic
Features", development is not permitted in these
areas
• there are no matters of provincial interest
applicable to this application
• existing building is serviced by municipal water
supply and a private disposal system
• a shared access arrangement should be
implemented to provide access to both 1222
Kingston Road'and the subject lands
• the Region requires documentation that the
cross-access easement agreements are in place
and have been registered on title, as part of the
Site Plan Approval application (see Attachment
#7)
Toronto and Region zoning changes to permit lower-risk commercial
Conservation Authority uses (such as a take-out restaurant use) may be
acceptable so long as the residential use is
removed from the property as part of this zoning
amendment
• redevelopment (including parking) must be
limited to the greatest extent possible on the
subject lands
• any future site plan application must incorporate
adequate flood proofing and access
considerations (see Attachment #9)
3.0 Discussion:
3.1 Compliance with the Provincial Policy Statement and the Planning Act will
be achieved through zoning by-law provisions and Site Plan Approval
Following the Public Information Meeting, the applicant met with the Toronto and
Region Conservation Authority (TRCA) and the City to discuss uses that were
considered as low-risk to human safety and property, and were compatible with
the Provincial Policy Statement. TRCA advised that in order to comply with the
PPS, the following must be adhered to:
• the building can increase its gross floor area by no more than 50 percent
• no expansion to the existing footprint of the building
• existing residential uses and other uses which are considered as high-risk
could not be included as a permitted use on the subject property
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 5
19
• introduction of lower-risk commercial uses (such as a restaurant, business
office or retail store) could be considered as part of the zoning by-law
amendment and
• ensuring that specific flood proofing measures are technically feasible and
acceptable to the TRCA (see Attachment #9)
The applicant subsequently amended the proposal to remove 'residential' as a
requested permitted use, request low-risk commercial uses, and incorporate
flood proofing and access measures considered necessary by TRCA and City
Planning staff (see Appendix I for proposed list of commercial uses).
TRCA and City staff have reviewed a feasibility and flood proofing measures
analysis submitted by the applicant's Engineer. Excess stormwater runoff from
the subject property is proposed to be redirected through City-owned lands into
Pine Creek. To facilitate development, the applicant has requested that the City
grant an easement over abutting City-owned lands in favour of the owner of 1234
Kingston Road for stormwater management and servicing purposes (shown as
Parts 2 and 3 of Attachment #10). The easement will accommodate a sanitary
service connection into an existing sanitary trunk sewer situated within the
Wilanna Road right-of-way. The owner will also be required to satisfy a variety of
matters prior to receiving Site Plan Approval (see Section 3.7 for Site Plan
Review development matters).
3.2. Rear portion of the subject lands will be protected through rezoning
The Region of Durham Official Plan designates the northern portion of the
subject lands as "Key Natural Heritage and/or Hydrologic Features" (KNHHF).
Development is not permitted in these areas. Since the expansion to the existing
building will be restricted through the zoning by-law to the current footprint, and
since the parking area is limited to the front of the building, TRCA and City
Planning staff are satisfied that the rear portion of the subject lands will be
protected. The limits of the KNHHF will be defined through the Site Plan
Approval process.
3.3 Proposed commercial uses are appropriate and compatible along Kingston
Road
Kingston Road is designated as a mixed use corridor in the City's Official Plan,
which is intended to support a wide range of residential and commercial uses.
TRCA and City Planning staff supports only the following commercial uses,
which are considered to be low-risk to human safety and property:
• Bakery • Personal Service Shop
• Business Office • Professional Office (Non-Medical)
• Convenience Store • Restaurant - Type A
• Financial Institution • Retail Store
• Laundromat
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 6
20 Staff acknowledges the applicant's intent to convert the existing residence into a
pizza restaurant establishment while providing zoning flexibility for other low-risk
commercial uses. Pizza establishments typically incorporate a take-out
component which may incorporate a small accessory seating area for customers.
A "Restaurant - Type A" designation (where food can be consumed on or off the
premises or both) is considered most appropriate to accommodate a pizza
establishment. However, a restriction in seating area to a maximum of 20
square metres is also recommended to control the eat-in element of the
business.
As a condition of this approval and, as a future condition of Site Plan Approval,
the owner will be required to provide an ecologizer unit to mitigate potential food
odours from either a restaurant or bakery establishment.
In response to the neighbouring owner's concerns and due to the restricted
available site area, an outdoor patio is not permitted in the recommended by-law
(see Draft Zoning By-law, Appendix 1).
Due to the location within the Pine Creek flood plain, only limited low-
risk land uses may be considered, and redevelopment opportunities are limited.
risk
The applicant's proposal will enhance the exterior building fagade and improve
the presentation of the building to Kingston Road. The site plan approval
process will provide an opportunity to address the objectives of the Urban Design
Guidelines while acknowledging site improvement limitations.
3.4 The existing driveway entrance will remain in its current location
The Region of Durham originally requested that the existing driveway entrance
be relocated to the west limit of the property in order to provide a shared
driveway access with the abutting property owner at 1222 Kingston Road and
other lands to the west (see Attachment #7).
At the Public Information Meeting, Mary Aroukatos (acting on behalf of the
owners of 1222 Kingston Road) objected to a proposed shared driveway access
between both properties. She also raised concern that a shared driveway will -
require the removal of vegetation that currently exists between the two properties
(see Attachments #4 and #5).
In response to the neighbouring owner's concerns and the limited development
potential between 1735 Walnut Lane and Pine Creek, the Region has agreed to
retain the existing driveway entrance (see Applicant's Revised Submitted Plan,
Attachment #3).
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 7
21
3.5 A signalized intersection is not required within the vicinity of the subject
lands
In response to a comment by a resident suggesting the signalization of the
intersection in front of the Loblaws entrance off of Kingston Road to help
alleviate traffic in the vicinity of the subject lands, the Region of Durham has
advised that a signalized intersection is not required within the vicinity of the
subject lands, nor is it being considered for future signalization (see Attachment
#8).
3.6 Sustainability implications have been reviewed
Staff's review of the application against the City's Draft Sustainable Development
Guidelines resulted in a score below the Level 1 standard. Given the small
scope of the application and the applicant's proposal to convert the existing
building from residential to commercial, there is limited opportunity to achieve a
Level 1.
The proposed development will take advantage of existing infrastructure and
services within the City's urban area. The applicant intends to preserve,
enhance and undertake remedial planting to the greatest extent possible on the
subject property and on abutting City-owned lands to the east, in accordance
with the requirements of the TRCA and the City of Pickering.
Further opportunities exist for the owner to consider additional sustainable
options through Site Plan and Building Permit review.
3.7 All Development matters will be addressed during the Site Plan Review
process
Site development matters concerning the City, Region and TRCA will be
addressed through the Site Plan Review process, which will focus on items such
as, but not limited to the following:
• easements on City lands to accommodate flood protection of the existing
building and parking lot
• registered reference plan illustrating City lands required for easement
purposes
• remedial plantings within the creek as compensation for disturbance to the
natural area on abutting City-owned lands to the east
• pedestrian accessibility
• fagade design
• outdoor lighting and light intrusion
• landscaping
• signage
• accessibility
I
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 8
22
• parking locations for approximately 10 car parking spaces
• stormwater management
• odour control for bakery or restaurant use
• potential contribution toward a walkway/trail study along Pine Creek (south
of the pedestrian bridge crossing, north of the subject property)
• vehicular access to Kingston Road to the satisfaction of the Region of
Durham
3.8 By-law to be forwarded to Council
The draft zoning by-law attached as Appendix I to this report establishes a mixed
use zone which removes residential permissions and permits the establishment
of a restaurant and a variety of low-risk commercial uses. All permitted uses are
restricted to the existing building footprint as required by TRCA.
It is recommended that the draft by-law be finalized and forwarded to Council.
4.0 Applicant's Comments
The applicant concurs with the recommendations of this Report.
Appendix:
Appendix I Draft Implementing Zoning By-law
Attachments:
1. Location Map
2. Applicant's Submitted Plan
3. Applicant's Revised Submitted Plan
4. Public Meeting Minutes
5. Public Comments - Mary Aroukatos
6. Agency Comments - Durham Region Health Department
7. Agency Comments - Durham Region Planning Department
8. Agency Comments (email) - Durham Region Works Department
9. Agency Comments - Toronto and Region Conservation Authority
10. City Lands Proposed by Applicant to Accommodate Stormwater Runoff
Report PD 06-12 March 5, 2012
Subject: Zoning By-law Amendment Application (A 26/08) Page 9
23
Prepared By: Approved/Endorsed By:
Ashley Yea o , MCIP, RPP Neil Carrol , , RPP
Planner II Director, Planning & Development
Ross Pym, MCIP, P
Principal Planner - Development Review
AY:RP:jf
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering 'ty Council,
_
ZZ, ZO(Z
Tony revedel, P.Eng
Chief Administrative Officer
2 4 Appendix I to
Report PD 06-12
Draft Implementing Zoning By-law,
Amendment Application A 26/08
DM4FF r
The Corporation of the City of Pickering
By-law No. XXXX/12
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering, Region of
Durham in Part of Lot 17, Plan 489, in the City of Pickering (A 26/08).
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit limited commercial development on the subject lands, being Part of Lot 17, Plan
489 in the City of Pickering;
And whereas an amendment to By-law 3036, as amended, is therefore 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 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 Lot 17, Plan
489, in the City of Pickering, designated "MU-20" on Schedule I attached hereto.
3. General Provisions
No building, 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) "Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursurance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
By-law No. XXXX/12 DRAFU Page 2
26
(2) "Bakery" shall mean a building or part of a building where baked food
products are prepared and offered for retail sale, and which may include
incidental baking;
(3) "Business Office" shall mean a building or part of a building in which the
management or direction of a business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres; but shall not include a retail store;.
(4) "Convenience Store" shall mean a retail store in which food, drugs,
periodicals or similar items of day-to-day household necessities are kept
for retail sale primarily to residents of, or persons employed in, the
immediate neighbourhood;
(5) "Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
(6) (a) "Floor Area" shall mean the aggregate of the floor areas of all storeys
above or below established grade, but shall exclude the floor area of
any parts of the building used for mechanical equipment, stairwells,
elevators, and any part of the building below established grade other
than that used for retail commercial or office purposes;
(b) "Gross Leasable Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established grade, designed for
owner or tenant occupancy or exclusive use only, which may also
include an outdoor patio, but excluding storage areas below
established grade;
(7) "Landscaped Open Area" shall mean the area on the lot free from
buildings and/or structures suitable for the growth and maintenance of
vegetated plants such as grass, flowers, shrubs, trees and other
landscape features which may include walkways, berms, retaining walls,
decorative pavers, bricks or stones and outdoor amenity areas including
patios, but shall not include driveways, drive aisles, internal roads, parking
areas, curbs or any exterior garbage storage or handling area;
(8) "Laundromat" shall mean a self-serve clothes washing establishment
containing washing, drying, ironing, finishing or other incidental
equipment;
By-law No. XXXX/12 DRAFT Page 3 27
(9) "Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or dressmaking shop or a photographic
studio, but shall not include a body-rub parlour as defined in the Municipal
Act, 2001, as amended from time to time, or any successor thereto;
(10) "Professional Office - Non-Medical" shall mean a building or part of a
building in which legal or other professional service is performed or
consultation given, and which may include the offices of an architect, a
chartered accountant, an engineer, or a lawyer, but shall not include the
office of a physician or a body-rub parlour as defined in the Municipal Act,
2001, as amended from time to time, or any successor thereto;
(11) "Restaurant - Type A" shall mean a building or part of a building where
food is prepared and offered or kept for retail sale to the public for
immediate consumption on the premises or off the premises, or both, but
shall not include an adult entertainment parlour as defined herein;
(12) "Retail Store" shall mean a building or part of a building in which goods,
wares, merchandise, substances, articles or things are stored, kept and
offered for retail sale to the public;
(13) (a) "Yard" shall mean an area of land which is appurtenant to and located
on the same lot as a building or structure and is open, uncovered, and
unoccupied above ground except for such accessory buildings,
structures, or other uses as are specifically permitted thereon;
(b) "Front Yard" shall mean 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" shall mean 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" shall mean 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" shall mean 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;
By-law No. XXXX/12 DRAFF Page 4
2,
(f) "Side Yard" shall mean 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" shall mean 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" shall mean a side yard immediately adjoining a
street or abutting on a reserve on the opposite side of which is a street;
(i) "Interior Side Yard" shall mean a side yard other than a flankage side
yard.
5. Provisions
(1) Uses Permitted ("MU-20" Zone)
No person shall within the lands designated "MU-20" on Schedule I
attached hereto, use any lot or erect, alter, or use any building or structure
for any purpose except the following:
(a) Bakery
(b) Business Office
(c) Convenience Store
(d) Financial Institution
(e) Laundromat
(f) Personal Service Shop
(g) Professional Office (Non-Medical)
(h) Restaurant - Type A
(i) Retail Store
(2) Zone Requirements ("MU-20" Zone)
No person shall within the lands designated "MU-20" on Schedule I
attached hereto, use any lot or erect, alter, or use any building except in
accordance with the following provisions:
By-law No. XXXX/12 DRAFT Page 5
29
(a) Building Restrictions
(i) Despite any other provisions of Zoning By-law 3036, the
permitted uses shall only occur within the building existing as
of the day of the passing of this by-law as shown on the
Topographical Survey of Part of Lot 17, Registered Plan 489
completed by the Ontario Land Surveyor on April 23, 2008,
Project Number 08-027-T, being the building which existed at
the time of the passing of the by-law:
(ii) Building Height (maximum): 9.0 metres
(iii) Open Storage:
A All uses other than parking shall take place entirely
within enclosed buildings or structures with no outside
storage or display permitted.
B Despite Paragraph 5(2)(a)(iii)(A) above, one detached
garbage enclosure with a maximum gross floor area of
10 square metres is permitted in the side yard only.
(iv) Front Yard Landscaped Open Area (minimum): 15 percent
(b) Parking Requirements
(i) There shall be provided and maintained on the lot a minimum
of 4.5 spaces per 100 square metres of gross leasable floor
area for all uses permitted under the "MU-20" Zone;
(ii) Despite Clause 5.21.2b) of By-law 3036, as amended,
parking shall be setback 3.0 metres from all side lot lines;
(iii) Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all parking areas including driveway entrances and
exits shall be surfaced with brick, asphalt, concrete,
permeable materials, or any combination thereof;
(c) Special Regulations:
(i) A maximum gross floor area of 220 square metres is
permitted for all buildings on lands zoned "MU-20";
(ii) All portions of the building or structure below finished grade
shall be used only for storage accessory to a permitted use;
By-law No. XXXX/12 ORAFr Page 6
30 (iii) Despite Section 5.(1) of this by-law, only one business
operation may be established at any one time on lands
zoned "MU-20" on Schedule I attached hereto;
(iv) In a building containing a Restaurant Type 'A', a maximum
gross leasable floor area of 20 square metres may be used
for the consumption of food on the premises;
v No drive through facility shall be permitted in association with
any of the uses permitted on the lands designated "MU-20"
on Schedule I attached hereto;
(vi) No outdoor and/or rooftop patios shall be permitted on lands
designated "MU-20" on Schedule I attached hereto.
6. By-law
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the area
set out in Schedule I attached hereto. Definitions and subject matters not
specifically dealt with in this By-law shall be governed by relevant provisions of
By-law 3036, as amended.
7. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read a first, second, and third time and finally passed this day of , 2012.
David Ryan, Mayor
Debbie Shields, City Clerk
/ / I j I I I
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SCHEDULE I TO BY-LAW
PASSED THIS
DAY OF 2012
MAYOR
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PROPERTY DESCRIPTION LOT 17, PLAN 489
OWNER A. ADJEDANI & S. ALIYANNAJAD DATE JAN. 21, 2009 DRAWN BY JB
-1 FILE No. A 26/08 SCALE 1:5000 CHECKED BY AY H
oTs ranst Enterprises Inc. and its supplier. All rights Reserved. Not a plan of survey. PN-13
2005 MPAC and its suppliers. All ri hts Reaervetl. Not a plan o! Surve .
ATTACHMEW TO
REPO;rr# PD 126-12
33
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Submitted Plan
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- DIVISION MAPPING AND DESIGN, JAN. 21, 2009.
ATTACHMENIT#=-Tn
REPORT# PD
34
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DIVISION MAPPING AND DESIGN, FEB. 16, 2012.
ATTACHMENT TO
REPORT# PD 0~ - 12 Excerpts from
City o¢ _ Planning & Development
Committee Meeting Minutes
Monday, April 6, 2009
7:30 pm - Council Chambers
Chair: Councillor Little y
i
3. Zoning By-law Amendment - A 26/08
A. Adjedani & S. Aliyannajad
1234 Kingston Road
(Lot 17, Plan 489)
City of Pickering ,
A public information meeting was held under the Planning Act, for the purpose
of informing the public with respect to the above noted application.
Lynda Taylor, Manager, Development Review gave an outline of the
requirements for a Statutory Meeting under the Planning Act. She also noted
that if a person or public body does not make oral or written submissions to the
City before the by-law is passed; that person or public body are not entitled to
appeal the decision of City Council to the Ontario Municipal Board, and may not
be entitled to be added as a party to the hearing unless, in the opinion of the
Board, there are reasonable grounds to do so.
Ashley Yearwood, Planner I, gave an overview of zoning amendment
application A 26/08.
Grant Morris, Planning Consultant for the owner appeared before the
Committee in support of the application,. Mr. Morris noted that when the owner
purchased.the property he thought he could rezone the property to allow for the
Pizza restaurant but just recently was advised' by the Conservation Authority
that the floodplain boundaries had been changed and they would not support
the application. Mr. Morris noted that the owner was in discussions with the
Conservation Authority.
Doug Howard, 1775 Storrington Street appeared before the Committee in.
opposition to the commercial zoning and felt that it should remain residential.
He stated that his concerns regarding commercial zoning allowing for a
restaurant would bring food odours to the area, .created more garbage which
would attract wildlife or rodents. He
questioned what would happen if the pizza
restaurant did not work, what use would come next. Mr. Howard also felt that
this use would put additional strain and damage on the creek which was next to
the property.
Mary Aroukatos the representative for Nancy and Betty Aroukatos, owners of
1222 Kingston Road appeared before the Committee with concerns regarding
the rezoning. She stated that her clients felt that the driveway should not be
moved and noted that there were a number of mature trees along the property
line that should be protected. She stated that they felt once commercial zoning
1
ATTACHMENT
FIEpO m - / Excerpts from
y _ Planning & Development
Committee: Meeting Minutes
Monday, April 6, 2009
7:30 pm - Council Chambers
Chair: Councillor Littley
was allowed then it would just continue to grow in this area. Ms. Aroukatos
also noted the heavy traffic in the area and felt this type of zoning would make
it worse and also noted that there had been flooding problems on the property
and that the grading should be looked at. Ms. Aroukatos noted that if this is
what the City is planning for this area then they should follow the same type of
concept that they planned at the bottom of Liverpool Road where the
commercial units closed early in the evening. She also.stated that they
definitely did not want a patio to be allowed. Written submission was received
in the Clerk's Division on April 6th regarding their concerns.
Paul Newman, 1769 Storrington Street appeared before the Committee and
noted his opposition to the Pizza Restaurant for the property. He stated that he
is not opposed to the commercial zoning but it should be office type uses and
not food or drinking type uses. Mr. Newman stated that when rezoning this.
area consideration should be given to the surrounding residential component.
1
ATTACHM6ENT# S TO
REPORT# PD D
MARY AROUKATOS B.A. PARALEGAL SERVICES
1615 ORION CRT. 37
PICKERING, ONTARIO
L1V 3T5
Phone: 416 -839-4068
Fax: 905-492-0466
May 13, 2009
maryh.paralegal@rogers.com
RECEIVED
MAY 14 2009
Mr. Ashley Yearwood
CITY of PICKERING
City of Pickering PLANNING AND
DEVELOPMENT DEPARTMENT
One The Esplanade
Pickering, Ontario
L1V 6K7
i
I,
RE: Zoning By-law Amendment Appliciation A 26/08(1234 Kingston Rd.)
Dear Mr. Yearwood,
Pursuant to the meeting held April 6, 2009 1 attended at the Region of Durham in Whitby to investigate
the allegation that the applicant's representative made regarding moving the existing driveway adjacent
to that of my clients' at 1222 Kingston Rd.. I was told that there would be no shared access unless my
clients' agreed. , The Region representative also advised that the City of Pickering received the region's
recommendations in a letter addressed to you dated April 15, 2009. Please accept this letter as a
formal notice to the City of Pickering that there will be no'shared access arrangement with 1222
Kingston Rd. The Region of Durham has been served the same notice. I appreciate your cooperation
in reviewing this matter and notifying the appropriate parties.
Sincerely,
Mary Aroukatos
38
AWACHMIEW#-L-To
REPORT#PO RECEIVED
MAR 1 02009
CITY OF PICKERING
PLANNING AND
DEVELOPMENT DEPARTMENT
March 9, 2009
The Regional
Municipality City of Pickering
of Durham Planning Department/Building Development
Health Department One The Esplanade
Pickering, ON L IV 6K7
ENVIRONMENTAL
HEALTH DIVISION
1.01 CONSUMERS DR. Attention: Debi Wilcox - City Clerk.
2ND FLOOR
WHITBY ON L1 N 1 C4
i,ANADA Dear-Madam:
905-723-3818
1-888-777-9613 Re: A/26/08 - Zoning Application
Fax: 905-666-1887 Lot 17, Plan 489 (1234 Kingston Road)
www.durham.ca City of Pickering
Applicant: A. Adjedani and S. Aliyannajad
An Accredited
Public Health Agency
The above noted application has been investigated by this Department and there
are no objections to approval provided that the subject property is serviced by
municipal sanitary sewer and municipal water.
In the event that the subject property does not have access to municipal sanitary
sewer; a new Class IV private sewage disposal system will have to be installed to
service the proposed development.,
Please feel free to contact the undersigned if more information is required.
AKip I(C)
lic Health Inspector
Pub
Environmental Health Division
KK/cw
"Service Excellence
forou, Co~iiniunities" ® ,
100% Post Consumer
ATTACHMiENT#=TO
REPORT# PQ_ 06 ' 3
April 15, 2009
Ashley Yearwood, Planner
• Planning - Development Review
City of Pickering
One'The Esplanade
Pickering,' Ontario
The Regional LlV 6K7
Municipality
of Durham
Mr. Yearwood:
Planning Department ,
605 RosSLAND ROADE Re: Zoning Amendment Application A26/08
4TH FLOOR Applicant:.* A. Adjedani & S. Aliyannajad /.Grant Morris Associates Ltd.'
Po Box 623 Location: 1234 Kingston Road
WHITBY ON Li N'6A3
CANADA Part of Lot 23, Concession 1
.
905-668-7.711 .,Municipality:' City of Pickering
Fax: 905-666-6208 .
E-mail: planning®
reglon.durham.on.ca We have reviewed this application to amend.the zoning on the above noted
property. The following, comments are offered for your. consideration.
www.region. durham.on:ca
A.L. Georgieff, MCIP, RPP The purpose of the application is to. amend the zoning on the subject property to
commissioner of Planning permit commercial uses on the first floor of an existing building and residential uses
to a proposed second floor addition. The site is currently zoned '133' (Residential
Detached Dwelling).
Regional Official Plan
The subject lands are designated 'Living Area' and 'Regional Corridor' in the
Durham Regional Official Plan. Regional Corridors.shall be' developed as mixed-
use areas, which include residential, commercial and service areas with higher
densities, supporting higher order transit services and featuring a high degree of
pedestrian oriented design. Further., Regional Corridors shall provide efficient
transportation links to' Regional Centres as Well. as other centres in adjacent
municipalities. The application is in conformity with the Regional Plan.
The northern.portion of the subject lands contain "Key Natural Heritage and
Hydrologic Features" as identified in Schedule 'B'- Map 'B1 d' of the Plan. Section
2.3.14 of the Plan indicates development is not.permitted in key natural heritage
and/or hydrologic features, and any.associated vegetation protection zone.
The subject lands abut Highway 2 (Kingston Road), a Type 'B' arterial road iii the
Plan.
Provincial Policies & Delegated Review Responsibilities
This application has been screened 'in accordance with the terms of the provincial
plan review responsibilities. There are no matters of provincial plan interest
applicable to this application.
"Service Excellence '
for, our Communities"
10096 Post Consumar
4 REPORT# PD
Servicing
The existing building is serviced by municipal water supply and a private disposal
system.
Transportation
Given the location of the existing .driveway for the adjacent property (1222 Kingston
Road)we will require that a shared access arrangement be implemented to,
provide access to both 1222 Kingston Road and the subject lands. The applicant
will be responsible for contacting the adjacent property owner and providing a
revised site plan.drawing demonstrating a shared access design. Further, We will
require documentation that the necessary cross access easement agreements are
in place and have been registered on title, as part of the Site Plan Approval.
application.
Please contact me should you. have any questions or require any additional
information regarding this matter.
Henry Tang, Planner
Current Planning
cc: Regional Works Department -.Pete Castellan
I
ATTACH MENT# ~ TO 41
Yearwood, Ashley REPORT# PD
Subject: FW: RE: Purchase of Wlanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08)
From: Peter Castellan rmaiIto: Peter. Castel Ian@durham.cal
Sent: May 27, 2011 12:49 PM
To: Yearwood, Ashley
Cc: Starr, Robert; Wouters, Margaret
Subject: RE: Purchase of Wilanna Road Right-of-Way Discussion(ZoningAmendmentA 26/08)
Ashley,
With regards to signalizing the driveway ...the location does not meet our requirement for distance separation between
signals, as this is a tee intersection, it is unlikely to meet the warrant for a signal and the fact the property has a
signalized intersection at Liverpool Road, this location would not be considered for future signalization.
Regards,
PETE CASTELLAN
Development Approvals
The Regional Municipality of Durham
Works Department
605 Rossland Road East, Level 5
P.O. Box 623, Whitby, ON
Phone: 905-668-4113 ext 3411
Fax: 905-668-2051
Mobile: 905-261-7382
www.durham.ca
"Yearwood, Ashley" <ayearwood@cityofpickering.com> 26/05/20116:32 pm
Good afternoon Pete,
In addition to my comments below, can you also look into the appropriateness of having a traffic
light along Kingston Road in front of the Loblaw's entrance beside Pine Creek?
Thank you.
Yours truly,
Ashley Yearwood
Planner
Planning & Development Department'
City of Pickering
T: 905.420.4660 ext. 2913 PICKERING
Toll Free: 1.866.683.2760 11 iCEN ENNNIAI 01 t
F: 905.420.7648
TTY: 905.420.1739
ayearwood(cD-cityofpickering.com
1
I
- ATTACHiMENU-2-M
REPORT# PD
C5h96YVS `Y~
ion
i
for The Living City
September 25, 2009 CFN 41890.02
_ r
VIA MAIL AND EMAIL tyearwood(cDcitypickering.on.ca)
Mr. Ashley Yearwood
City of Pickering
Pickering Civic Centre
One The Esplanade
Pickering ON L1V 6K7
Dear Mr. Yearwood:
Re: Zoning By-law Amendment Application A 26/08
On Lands Municipally Known As 1234 Kingston Road
Lot 17, Plan 489
City of Pickering
(A. Adjedani & S. Aliyannajad)
We write subsequent to our meeting at your offices on April 29 held to discuss the application
above and, specifically, TRCA's previous correspondence of March 18, 2009 regarding the
application.
Removal of Residential Use
At the meeting you will recall that TRCA staff discussed our objection, to the application based
upon the addition of new commercial uses on the subject lands in addition to the existing
permitted residential use. However, we indicated a willingness to consider a zoning change
that would remove the existing residential zoning and instead allow for specific lower-risk
commercial uses such as the proposed take out restaurant use. Such a change would be
subject to technical feasibility and specific floodproofing measures to be set by TRCA based
upon the flood risk present. As this consideration received a favourable response from the
owner, TRCA staff undertook to conduct additional analysis of such an option. We have now
had the opportunity to review this matter and wish to provide the following for the applicant's
and City of Pickering staff consideration.
Flood Risk Present
Our analysis continues to show that flood depths on the site are up to 1.45 metres in depth and
the, velocities of flood waters would be approximately 0.15 metres per second in the event of a
Regional Storm. In addition, there does not appear to be 'safe' ingress or egress from the site
in the event of a Regional Storm. These conditions pose considerable threat to human safety
and property pursuant to standards established by the Ontario Ministry of Natural Resources.
Given this flood risk, every effort must be made to ensure that re-development is limited i
(including parking) to the greatest extent possible on the subject lands and that any future site
plan application incorporate adequate floodproofing and access considerations.
Concept Plan
In order to properly assess the feasibility of a proposed zoning change, we require a revised
FAHome\PublicTevelopment ServicesOurham Region\Pickering\1234 Kingston 3.wpd
Member of Conservation Ontario
5 Shoreham Drive, Downsview, Ontario M3N 1S4 (416) 661-6600 FAX 661-6898 www.trca.on.ca
ATTACHMENT# TO
REPO;rr# PD 06 - 4: 43
Mr. Ashley Yearwood -2- September 25; 2009
concept plan to be prepared. The concept.plan and supporting analysis must demonstrate.the
following:
• Ability to floodproof the structure to the Regional Storm Flood Plain Elevation of 84.16
meters above sea level.
• Parking areas must meet the flood depth and velocity criteria as specified on the
enclosed figure "Parking Lot Floodproofing Measures".
• No offsite increase of the flood risk to adjacent upstream and downstream properties;
and,
• An analysis of ingress and egress from the site from Kingston Road to achieve the
maximum level of flood protection for access that is feasible based upon the existing
elevation of the Kingston Road platform.
Proposed Uses
We are prepared to work with City of Pickering staff and the applicant to refine the zoning
amendment to minimize re-development and uses to a degree which would adequately respond
to the flood risk. If adequate floodproofing measures can be demonstrated on a concept plan,
we are willing to accept the following uses for the subject lands:
• Business Office
• Professional Off ice
• Restaruant Type C
• Retail Store
Conclusion
We trust that this letter provides the specific technical requirements that must be met in order
reduce the flood risk,present on the subject lands in support of the proposed zoning change.
Please contact me if you have any questions with respect to this matter.
Yours truly,
Chris Jones, IP, RPP
Senior Planner
Planning and Development
Extension 5718
CJ/
cc: Grant Morris, Grant Morris Associates Ltd. (Grant.Morris@rogers.com)
Steve Heuchert, TRCA
FAHomeTublic0evelopment ServicesOurham RegionTickering\1234 Kingston_3.wpd
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City Report to
Planning & Development Committee
PICKER ING Report Number: PD 07-12
Date: March 5; 2012
From: Neil Carroll
Director, Planning & Development
Subject: Draft Plan of Subdivision Application SP-2011-02
Draft Plan of Condominium Application CP-2011-02
Zoning By-law Amendment Application A 12/11
Maddy Development Inc.
1290 &1292 Old Orchard Avenue
(Lot 8 and Part of Lot 7 & 9, Plan 432)
City of Pickering
Recommendation:
1. That Report PD 07-12 of the Director, Planning & Development be received;
2. That Draft Plan of Subdivision Application SP-2011-02 submitted by Maddy
Development Inc. to permit a single block plan of subdivision on lands being Lot 8
and Part of Lot 7 & 9, Plan 432, City of Pickering, be approved subject to the
conditions outlined in Appendix I to Report PD 07-12;
3. That Zoning By-law Amendment Application A 12/11 submitted by Maddy
Development Inc., to amend the zoning of the subject property to permit detached
dwellings accessed by a common element condominium be approved in
accordance with the standards set out in Appendix II of Report PD 07-12; and
4. Further, that the draft zoning by-law to implement Zoning Amendment Application
A 12/11, as set out in Appendix II to Report PD 07-12, be finalized and forwarded
to City Council for enactment.
Executive Summary: The application proposes to develop 16 freehold detached
dwelling units serviced by a common element condominium. A single block plan of
subdivision is required in order to establish a freehold detached dwelling tenure. The
applicant also requests an amendment to the current zoning to allow the proposed
freehold detached dwelling development with appropriate performance standards.
This proposal is similar to a traditional condominium development for 16 units on the
property that received zoning approval in October 2004 and site plan approval in July
2007. While the existing zoning permits the 16 proposed lots, the proposed
development does not comply with some of the existing performance standards,
particularly the minimum building setbacks from the east, west and south limits of the
property. Therefore, an amendment to the by-law is required.
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 2
46
The recommended zoning amendment and subdivision conditions of approval represent
appropriate density and performance standards for this infill development. Proposed
building setbacks are considered compatible with the surrounding neighbourhood. The
proposed development is appropriate and implements the Official Plan.
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1.0 Background:
1.1 Introduction
Maddy Development Inc. submitted applications for approval of a draft plan of
subdivision, draft plan of condominium and an amendment to the zoning by-law
in order to implement the proposed 16 detached dwelling development on the
subject lands (see Location Map, Attachment #1). The draft plan of subdivision
is proposed to create one block of land in order to implement the creation of
freehold detached dwellings (see Draft Plan of Subdivision, Attachment # 2).
The draft plan of condominium is proposed to be a common element
condominium for private internal roads, visitor parking area, mail boxes and
landscaping elements (see Draft Plan of Condominium, Attachment #3). The
proposed development is similar to the traditional condominium development that
received previous City approval.
1.2 Revised Plan
Since the October 3, 2011 public meeting a community meeting was held on
December 8, 2011 with some of the abutting neighbours and the applicant.
Approximately 20 residents attended the meeting to discuss project details and
concerns. At the meeting, residents received further information on the proposed
development but consensus was not achieved on the west building setback (see
Community Meeting Minutes, Attachment #11).
After the community meeting the applicant submitted a revised house sitting plan
that proposed a west and east building setback of 1.5 metres, a front yard depth
of 6.0 metres for dwellings fronting Old Orchard Avenue, and an interior side yard
width of 1.2 metres separation distance between garages (see Revised
Development Plan, Attachment #4).
2.0 Application History
Activity related to the development of these lands dates back to October 1992
when a draft plan of condominium and zoning by-law amendment application
were submitted for an 18 unit traditional condominium project comprising of
detached and semi-detached units. The amending zoning by-law was approved
by Pickering Council in October 2004 (By-law 6375/04) to permit a total of
16 units (both detached and semi-detached) but the site has remained
undeveloped (see Application History, Attachment #5).
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 3
47
3.0 Comments Received
3.1 Prior to the Public Information Meeting
Resident at 1279 Haller Avenue expressed concern with the application
regarding the construction management of the proposed 16 unit development
and the removal of trees.
3.2 At the October 3, 2011, Public Information Meeting
Numerous residents appeared at the meeting to voice their opposition to the
proposed development and to raise their concerns. The concerns identified are
as follows:
• loss of privacy
• loss of vegetation and trees
• adequacy of internal street for emergency vehicles and garbage truck access
overflow of'parking onto Old Orchard Avenue
• type of amenities and landscaping and fencing
• on-site grading issues
• height of units
• impact on wildlife
• noise impacts on surrounding neighbourhood
• sewage capacity
• utility connections/easements
• school capacity
• traffic impact and capacity to accommodate the proposed development
• impact on property values
(see Meeting Minutes, Attachment #6)
3.3 Written Public Submissions on the applications
Two abutting neighbours to the west of the subject property, 829 Douglas
Avenue and 831 Douglas Avenue, expressed written objection and concern with
the application. The concerns identified 'are:
• opposition to the proposed reduction in west building setback requirement
from 7.5 metres to 1.2 metres
• the permitted density in the by-law
• loss of privacy and safety concerns with the proximity of the proposed
dwellings
• the accessibility to the site for the fire department and garbage collection (see
Resident Comments, Attachments #7, #8 and #9)
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 4
48
3.4 December 8, 2011 Community Meeting
A neighbourhood meeting was held on December 8, 2011, in order for the
residents of the neighbourhood and the applicant to discuss the application and
various options. Matters related to garbage collection, fire route, environmental
concerns, property line delineation, fencing, servicing, construction, noise and
loss of privacy were discussed and clarification provided (see Community
Meeting Minutes, Attachment # 11). Although the public was better informed
about the proposed development, consensus on the proposed building setbacks
was not achieved.
3.5 Agency Comments
Region of Durham • the proposal is permitted by the policies of the
Durham Region Official Plan
• the proposal is consistent with the PPS
• the proposed development conforms to the
Growth Plan
• a Phase I Environmental Site Assessment
indicates that there is low potential for
environmental liability, therefore further
environmental investigation is not
recommended
• municipal water supply and sanitary service can
be provided
• the Region has no objection to the application
and has provided conditions of approval
(see Attachment #12)
No other agency that provided any comments has any objection to the subject
applications. Certain technical issues and requirements related to the proposed
uses of the site can be addressed through the implementation process.
3.6 City Departments
Development Control • recommended conditions of approval for the
draft plan of subdivision (see Attachment #13)
Fire Services • no objection at this time as the proposed
development meets current City standards
(see Attachment #14)
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 5
4.0 Discussion:
4.1 The proposed west and east building setback of 1.2 metres is not
consistent with the character of the neighbourhood and staff recommends
a setback of 1.5 metres
The subject property is within an established stable residential neighbourhood
with a majority of dwellings being detached with two car garages. The existing
zoning for residential properties on Old Orchard Avenue and Douglas Avenue is
"R4", which requires a minimum side yard width of 1.5 metres. The proposed
1.2 metre west and east building setback is not considered to be consistent with
the character of the neighbourhood.
Staff recommends a west and east building setback of 1.5 metres that is
consistent with the zoning requirement of adjacent lands and in character with
the surrounding area. This revision will allow the construction of 16 detached
dwelling units with two car garages on an enlarged building envelope, consistent
with other development in the area.
As a result of the proposed development, two properties on Douglas Avenue
(829 and 831 Douglas Avenue) will be impacted by the establishment of a new
detached dwelling 1.5 metres east of their rear lot line. A similar rear yard to side
yard condition is found in the neighbourhood at 831 Douglas Avenue where a
side yard width of 1.5 metres is immediately adjacent to the rear yards of
properties fronting Haller Avenue. The impact of a 1.5 metre setback is lessened
given the depth of the existing lots on Douglas Avenue, having significantly
deeper lots with rear yard depths of 20 metres and more. Further, the proposed
building massing does not extend across the entire backyard of the properties on
Douglas Avenue, thereby reducing the extent of the visual impact.
The applicant's revised site plan reflects a 1.5 metre building setback from both
the east and west limits of the property.
4.2 Proposed front yard depth of 6.0 metres for the lots fronting Old Orchard
Avenue is appropriate and consistent with the character of the
neighbourhood
As noted, the subject property is in an established stable residential
neighbourhood with a majority of dwellings being detached with two car garages.
The existing "R4" zone requires a minimum front yard depth of 7.5 metres. The
"R4" zoning standard is an older category of zoning and it does accommodate for
the newer development styles. The proposed south setback of 6.0 metres
represents a current performance standard that accommodates the parking of a
typical vehicle in the front yard. Further, by bringing these dwellings closer to the
street, a more pedestrian friendly streetscape will be established when the
sidewalk is introduced on the north side Old Orchard Avenue.
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 6
r
4.3 Proposed 1.2 metre interior side yard width between garages is not
appropriate or consistent with the character of the neighbourhood
The applicant's revised site plan proposes a total combined interior side yard
width between garages (building separation distance) of 1.2 metres (a minimum
of 0.6 metres on each lot). This separation applies to three situations on the
revised site plan, Lots 1 and 2, Lots 3 and 4, and Lots 7 and 8.
The "R4" zoning of the adjacent community requires a minimum side yard width
of 1.5 metres, thereby providing a minimum building separation of 3.0 metres.
The existing zoning for the subject property requires side yards of 1.2 metres for
detached dwellings. A reduction below the 1.8 metre separation distance
recommended by staff is not supported, as this would negatively impact the
residential streetscape.
4.4 Internal street is adequate for emergency vehicle and garbage truck access
The current approved 16 unit development has a similar internal street layout to
that proposed by this revised plan. Fire Services advise it has no objection to the
proposed development at this time. Fire Services note that while the proposed
development exceeds the preferred 90 metre maximum traffic aisle length
without the provision of a turnaround, the proposed development meets current
City standards (see Attachment #14).
The proposed development is a common element condominium with an internal
private road. Garbage collection, recycling and snow removal will be provided
privately by the future condominium corporation. The proposed private road
meets the City's requirement of a minimum two-way internal traffic routes aisle
width of 6.5 metres.
4.5 All technical matters will be addressed as conditions of subdivision and
Site Plan approval process including on-site grading, on-site landscaping,
tree preservation, fencing, parking and construction management plan
The applicant proposes to construct 16 units on the subject property. In order to
ensure appropriate development, City requirements will be imposed as
conditions of approval for the subdivision application. These conditions of
approval for the subdivision will address standard matters such as but not limited
to, on-site grading, on-site landscaping, tree preservation, fencing, parking and a
construction management plan.
Specifically the following technical matters of concern to commenting residents
will be address:
Fencing of the Site is Required
The internal perimeter of the development must be fenced. The northern,
western and eastern perimeter of the residential block will require appropriate
fencing.
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 7
51
Prior to the installation of the permanent fence, a temporary construction fence
will be erected and maintained. Conditions of Approval recommended in
Appendix I to this Report include provisions to ensure that both temporary and
permanent fencing are installed around the subject lands.
Tree Preservation and Landscaping Plan
A tree inventory report and preservation/enhancement plan identifying trees to be
preserved and to be planted for the proposed development has been submitted
as a part of the Site Plan application. It was identified by the abutting neighbour
to the west (1288 Old Orchard Avenue) that they would like to preserve the
existing hedge currently sited on the common property line they share with the
subject property. Staff will make specific efforts through the site plan review
process to preserve this hedge to the best extent possible. Full details of the tree
preservation plan will be finalized through the site plan and subdivision processes.
A landscape plan for the subject application will also be required to be submitted
as part of the site plan and subdivision application process to identify the location
and typical landscaping to be provided on-site. - Details of the landscape plan will
be finalized through the review processes.
Construction Management Plan
A Construction Management Plan is will be required as a condition of the site
plan and subdivision approval. The Construction Management Plan will address,
but not be limited to, the following public concerns:
• erosion and sediment control
• mud and dust control
• protection of trees
• building material storage
• servicing of construction equipment
• parking areas for construction workers
• road cleaning program
• working hours, ensuring accordance with City By-laws
• ensure adherence to all requirement of other studies and/or reports
• conservation of existing wildlife
Further Processing of the Development
The effect of this plan of subdivision will be to create one block of land for the
future development of detached dwellings by plan of condominium. The
individual lots and common element for the detached dwelling units will be
created through the draft plan of condominium process and part lot control.
Detailed design issues will be dealt with through the subdivision agreement and
site plan approval process. The detailed design process will include, amongst
other matters, site servicing, grading, parking, landscaping, lighting, elevations
and building siting.
i
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 8
52
No further reports are anticipated to be brought before Council if the subject
applications are approved.
4.6 Common Element Condominium Application
The purpose of this application is to determine whether the common element
description is the appropriate form of tenure for this residential development. A
common element condominium refers to a development where each dwelling unit
is individually owned (freehold ownership), and where amenities or physical
features are collectively owned by the unit owners as tenants in common. It is
anticipated that a future common element condominium corporation will be
established to permit a community of individually owned homes, with
maintenance of the development's joint services, amenities and physical features
provided through a common element condominium corporation.
If the subdivision and rezoning applications are approved the Director, Planning
& Development will make a decision on the common element condominium after
all comments from the circulated departments, agencies and public have been
received and assessed. If appropriate the Director, Planning & Development will
issue proposed conditions of approval for the subject application. This is in.
accordance with Council policy and Delegation By-law 5391/01.
5.0 Applicant's Comments
The applicant has been advised of the recommendation of this report.
Appendix:
Appendix I: Recommended Conditions of Approval for SP-2011-02
Appendix II: Draft Zoning By-law for A 12/11
Attachments:
1. Location Map
2. Draft Plan of Subdivision
3. Draft Pan of Condominium
4. Revised Development Plan
5. Application History
6. Minutes from October 3, 2011 Statutory Public Information Meeting
7. Resident Comment - Roy J. Martell
8. Resident Comment - Sharon & Fred MacPherson
9. Resident Comment - Marlene Walker
10. Summary of Public Concerns
11. Community Meeting Minutes
12. Agency Comments - Region of Durham
13. City Department Comments - Development Control
14. City Department Comments - Fire Services
Report PD 07-12 March 5, 2012
Subject: Maddy Development Inc. Page 9
53
Prepared By: Approved/Endorsed By:
Mila Yeung Neil Carroll, (M , RPP
Planner II Director, Planning & Development
i
Ross Pym, M , RPP
Principal Planner - Development Review
MY:Id
Recommended for the 'consideration
of Pickering ' y Cou it
z2 2-o/2,
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix I to
Report PD 07-12
Recommended Conditions of
Approval for SP-2011-02
55
Recommended Conditions of Approval for
Draft Plan of Subdivision SP-2011-02
1.0 General Conditions:
1.1 That this recommendation apply to the draft plan of subdivision prepared by
Rady-Pentex & Edward Surveying Ltd dated, June 2011, Job No. 11-051 on
lands being Lot 8 and Part of Lots 7 & 9, Plan 432, City of Pickering, to permit a
single block development to be 16 detached residential lots by way of a common
element condominium.
2.0 Prior to the Registration of the Plan:
2.1 That the owner submit a Draft 40M-plan to be approved by the City's Planning &
Development Department;
2.2 That the implementing by-law for Zoning By-law Amendment Application A 12/11
become final and binding;
2.3 That the owner enters into a subdivision agreement with and to the satisfaction of
the City of Pickering to ensure the fulfillment of the City's requirements financial
and otherwise, which shall include, but not necessarily be limited to the following:
2.3.1 Storm Drainage
(a) satisfaction of the Director, Planning & Development Department
respecting a stormwater drainage and management system to service all
the lands in.the subdivision and any provisions regarding easements;
(b) satisfaction of the Director, Planning & Development Department for
contributions for stormwater management maintenance fee;
2.3.2 Grading Control and Soils
(a) satisfaction of the Director, Planning & Development Department
respecting submission and approval of a grading and control plan;
(b) satisfaction of the Director, Planning & Development Department
respecting the submission and approval of a geotechnical soils analysis;
2.3.3 Road Allowances
(a) satisfaction of the Director, Planning & Development Department
respecting construction of roads with curbs, sewers, sidewalks and
boulevard designs;
(b) satisfaction of the Director, an agreement with the City to extend and
construct a boulevard, road and sidewalk on the north side of Old Orchard
Avenue that will also address cost sharing;
Recommended Condition of Approval for SP-2011-02 Page 2
2.3.4 Construction/Installation of City Works & Services
(a) satisfaction of the City respecting arrangements for the provision of all
services required by the City;
(b) satisfaction of the appropriate authorities respecting arrangements for the
provision of underground wiring, street lighting, cable television, natural
gas and other similar services;
(c) that the cost of any relocation, extension, alteration or extraordinary
maintenance of existing services necessitated by this development shall
be the responsibility of the subdivider;
2.3.5 Dedications/Transfers/Conveyances
(a) that the subdivider convey any easement to any utility to facilitate the
installation of their services in a location(s) to the satisfaction of the City
and the utility;
(b) that the owner arrange at no cost to the City any easements required on
third party lands for servicing and such easements shall be in a location as
determined by the City and/or the Region and are to be granted upon
request at any time after the draft approval;
2.3.6 Easements
(a) that the Owner convey to the City, at no cost:
(i) any easements as required; and
(ii) any reserves as required by the City;
(b) that the Owner convey any easements to any utility to facilitate the
installation of their services in a location(s) to the satisfaction of the City
and the utility;
(c) that the Owner arrange at no costs to the City any easements required on
third party lands for servicing and such easements shall be in locations as
determined by the City and/or the Region and are to be granted upon
request at any time after the draft approval
2.3.7 Construction Management Plan
(a) that the owner make satisfactory arrangements with the City respecting a
construction management plan, such Plan to contain, among other things:
(i) details of erosion and sedimentation controls during all phases of
construction and provide maintenance requirements to maintain
these controls;
(ii) addressing the parking of vehicles and the storage of construction
and building materials during servicing and house construction, and
ensuring that such locations will not impede the flow of traffic or .
emergency vehicles on either existing streets or the proposed public
street;
Recommended Condition of Approval for SP-2011-02 Page 3
57
(iii) insurance that the City's Noise By-law will be adhered to and that all
contractors, trades and suppliers are advised of this By-law;
(iv) the provision of mud and dust control on all roads within and adjacent
to the site;
(v) type and timing of construction fencing;
(vi) location of construction trailers;
(vii) details of the temporary construction access;
2.3.8 Development Charges
(a) satisfaction of the City financially with respect to the Development
Charges Act;
2.3.9 Coordinated Development
(a) satisfaction of the City with respect to arrangements necessary to provide
for coordination of services and roads with adjacent lands and any
phasing of development that may be required;
2.3.10 Fencing
(a) satisfaction of the City with respect to the provision of temporary fencing
around the entire perimeter of the subject lands during construction, prior
to the commencement of any works;
(b) existing boundary fencing to remain and be maintained during
construction;
(c) the owner agrees to submit a Landscape Fencing Plan to the satisfaction
of the City including the provision of fencing along the internal perimeter of
the plan of subdivision block;
2.3.11 Street Tree Planting
(a) the submission of a street tree planting plan to the satisfaction of the City;
(b) satisfaction of the Director, Planning & Development, the Owner shall plant
one tree per lot. If it is determined that the planting of a tree is not
possible for each proposed lot, the Owner will be required to pay either
cash-in-lieu for the remaining trees or plant the remaining trees in a
location within the Plan boundaries;
2.3.12 Tree Preservation
(a) the owner is required to submit a tree preservation plan to the satisfaction
of the City which will illustrate the protection of trees and other natural
features where appropriate prior to the approval of a preliminary grading
plan;
2.3.13 Architectural Control
(a) the architectural design objectives for the development must address (but
not limited to): building envelopes, siting, porches, landscaping, building
and sustainable designs, streetscape design, front elevations, as well as
garage locations, massing, widths, and projection from the main dwelling;
Recommended Condition of Approval for SP-2011-02 Page 4
(b) that specific architectural building design be applied to Lots 1, 4, 7 and 14
to address side yard elevations;
(c) that the owner ensure that engineering plans are coordinated with the
streetscape/architectural control guidelines and further that the
engineering plans coordinate the driveway, street hardware and street
trees to ensure that conflicts do not exist, asphalt is minimized and all
objectives of the streetscape/architectural control guidelines can be
achieved;
(d) that the owner satisfy the City respecting the provision of appropriate
aesthetic details and design of all boundary fencing and noise attenuation
fencing;
2.3.14 Engineering Drawings
(a) that the owner satisfy the City respecting the submission of appropriate
engineering drawings that detail, among other things, City services, roads,
storm sewers, sidewalks, lot grading, streetlights, fencing and tree
planting, and financially-secure such works;
(b) that the engineering plans be coordinated with the architectural design
objectives;
2.3.15 Other Approval Agencies
(a) that the subdivider satisfy all the requirements of the Region of Durham;
(b) that any approvals which are required from the Region of Durham the
development of this plan be obtained by the subdivider, and upon request
written confirmation be provided to the City of Pickering as verification of
these approvals;
2.3.16 Parkland Dedication
(a) the owner shall pay the City cash-in-lieu to satisfy the parkland dedication
requirements of the Planning Act,
2.3.17 Phasing
(a) that if this subdivision is to be developed by more than one registration,
the subdivider will be required to submit a plan showing the proposed
phasing, all to the satisfaction of the City.
Appendix II to
Report PD 07-12
Draft Implementing Zoning By-law
Amendment Application A 12/11
i
6 0 The Corporation of the C' Pickering
By-la t/12
Being a by-law to amend Restricted Area
(Zon,ing) By-law 2511 as amended, to implement
the Official Plan of the City of Pickering, Region of
Durham, in Lot 8 and Part of Lots 7 & 9, Plan 432,
City of Pickering. (A 12/11)
Whereas the Council of the Corporation of the City of Pickering deems it desirable to
permit the development of detached residential dwelling on the subject lands, being Lot
8, Part Lot 7 & 9 Plan 432 in the City of Pickering.
And whereas amendment to By-law 2511, as amended by By-law 6375/04 is therefore
deemed necessary:
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Schedule I
Schedule I attached to this By-law with notations and references shown thereon
is hereby declared to be part of this By-law.
2. Area Restricted
The provision of the this By-law shall apply to those lands in Lot 8, and Parts of
Lots 7 & 9, Plan 432, in the City of Pickering.
3. Text Amendment
3.1 Section 4, Definition, of By-law 2511 as amended by 6375/04 is hereby amended
by changing the title of 4(1)(c) to read "Semi-Detached Dwelling" and 4(1)(d) to
read "Detached Dwelling"
3.2 Clause 5.(1)(a), Uses Permitted, is hereby repealed and replaced by the
following permitted uses:
(1) detached dwelling
(2) semi-detached dwelling
By-law No. X/12 Page 2
61
3.3 graph 5(1)(b)(v) B, is hereby repealed and replaced by the following
paragraph:
B Despite the provisions of Section 5.6 of By-law 2511, as amended, the
requirement for the frontage on a public street shall be satisfied by
establishing frontage on a common element condominium street and the
following provisions apply:
(a) Semi Detached Dwelling
(i) Lot Area (minimum): 205 square metres
(ii) Frontage (minimum): 7.0 metres
(iii) Front Yard Depth (minimum):
i. to front wall of dwelling: 4.5 metres
ii. to garage: 6.0 metres
(iv) Interior Side Yard Width (minimum):
1.2 metres one side, 0.0 metres on the other
(v) Flanking side yard (minimum): 2.7 metres
(vi) Rear yard Depth (minimum): 7.5 metres
(vii) Building Height (maximum): 9.0 metres
(viii) Garage Projection:
maximum projection of the garage front entrance from the wall
containing the main entrance to the dwelling unit shall not
exceed 2.5 metres in length, whether or not such garage has a
second storey
(ix) Driveway Width (maximum): 55 percent of lot frontage
(b) Detached Dwelling
(i) Lot Area (minimum): 250 square metres
(ii) Lot Frontage (minimum): 11.0 metres
(iii) Front Yard Depth (minimum): 6.0 metres
(iv) Interior Side Yard Width (minimum):
i. for inside lots:
1.2 metres one side, 0.6 metres on the other
ii. for corner lots: 0.6 metres
iii. the horizontal distance between buildings on adjacent
lots shall be not less than 1.8 metres
(v) Flankage Side Yard (minimum): 2.7 metres
(vi) Rear Yard Depth: 7.5 metres
(vii) Building Height (maximum): 9.0 metres
(viii) Garage Projection:
maximum projection of the garage front entrance from the wall
containing the main entrance to the dwelling unit shall not
exceed 2.5 metres in length, whether or not such garage has a
second storey
(ix) Driveway Width (maximum): 55 percent of lot frontage
By-law No. XXXX/12 Page 3
62
4. By-law 2511
By-law 2511, as amended by By-law 6375/04 is hereby further amended only to
the extent necessary to give effect to the provisions of this By-law as set out in
Sections 1, 2 and 3 above. Definitions and subject matter not specifically dealt
with in this By-law shall be governed by the relevant provisions of By-law 2511,
as amended.
5. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law read a first, second and third time and finally passed this day of
2012.
David Ryan, Mayor
iolqA)'
Debbie Shields, City Clerk
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PROPERTY DESCRIPTION Lot 8, Pt. Lot 7 & 9, Plan 432 07\'
OWNER Maddy Development Inc. DATE Aug 31, 2011 DRAWN BY IB
FILE No. SP-2011-02, CP-2011-02, A 12/11 SCALE 1:5,000 CHECKED BY RP b
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ATTACHMENT TO
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INFORMATION COMPILED FROM APPLICANT'S
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INFORMATION COMPILED FROM APPLICANT'S
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Information Compiled From Applicant's
Revised Plan 67
SP 2011-02, CP2011-02 & A12/11
- Maddy Developments Inc.
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ATTACHMENT # TO
Application History REPGRT # PD o a
6
Applicant Council Applicant's Council Approved
Submitted Recommended Revised Recommended By-law
Site Plan Plan Site Plan Plan 6375/04
Oct. 1992 Oct. 1993) June 1994 Oct. 1994 2004
Proposed # of 18 16 16 16 16
Lots
North Setback 7.0 m 7.5 m 7.5 m 7.5 m 7.5 m
South Setback
interior lots 6.0 m 6.0 m 6.0 m 6.0 m 7.5 m
exterior lots 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m
West setback to
Interior 6.0 m 7.5 m 7.5 m 7.5 m 7.5 m
dwellings
East setback to
Interior 6.0 m n/a 6.0 m n/a 4.0 m
dwellings
West setback to
dwellings 4.0 m n/a 4.0 m n/a 4.0 m
fronting Old
Orchard
East setback to
dwellings 4.0 m n/a 4.0 m n/a 4.0 m
fronting Old
Orchard
ATTACHMENT # TO
Caq 0~ REPORI # PD 0Excerpts from
41 Planning & Development
Committee Meeting Minutes 6 9
Monday, October 3, 2011
7:30 pm - Council Chambers
Chair: Councillor McLean
(II) Part`A' Information Reports
Marg Wouters, Manager, Development Review & Urban Design gave an outline
of the requirements for a Statutory Meeting under the Planning Act. She outlined
the notification process procedures and also noted that if a person or public body
does. not make oral or written submissions to the City before the by-law is
passed, that person or public body are not entitled to appeal the decision of City
Council to the Ontario Municipal Board, and may not be entitled to be added as a
party to the hearing unless, in the opinion of the Board, there are reasonable
grounds to do so.
1. Draft Plan of Subdivision Application SP-2011-02
Draft Plan of Condominium Application CP-2011-02
Zoning By-law Amendment Application A 12/11
Maddy Development Inc.
1290 & 1292 Old Orchard Avenue
(Lot 8 and Part of Lots 7 & 9 Plan 432City of Pickering
A public information meeting was held under the Planning Act, for the purpose of
informing the public with respect to the above noted application.
Ross Pym, Principal Planner, Development Review provided an overview of
zoning amendment application A 12/11.
Allen Windrum a representative for the applicant appeared before the Committee
in support of the application. He noted the current zoning allows for the 16 units
and was approved in 2004 but, the applicant at this time was seeking reductions
to the building setbacks. He noted that the reduced building setbacks would
allow them to build units with two car garages and a more upscale building then .
originally approved. He also stated that there would be an increase in the
number of additional visitor parking spaces.
Sharon and Morgan Neney, 1288 Old Orchard Avenue appeared before the
Committee, stating they were looking forward to the development of this area.
They noted that the concerns they had were with the height of the units and the
privacy of existing homeowners. They questioned whether the existing trees and
privacy issues. They also noted
landscaping could be maintained to help with p
landscape
ith what would happen to the wildlife in the area and stated their
their concerns w
concerns with what the development would do to grading in the area. Mr. & Mrs.
Neney questioned what amenities would be put in place in the area where the
visitor parking was located.
1
ATTACHMENT # a 6 TO
Ci o REPORT # PD
Excerpts from
Planning Development
'Committee Meeting Minutes
riCXEMG Monday, October 3, 2011
7:30 pm - Council Chambers
Chair: Councillor McLean
Sharon MacPherson, 831 Douglas Avenue, appeared before the Committee in
opposition to the reduced building setbacks and stated that she did not want the
houses to be towering over her property. She also noted concerns with respect j
to her privacy and fencing along the area backing onto her property.
Marlene Imlach-Walker, 829 Douglas Avenue appeared before the Committee in
opposition to the proposed application. She questioned whether the existing
trees and landscaping would remain and also noted her concern with what would
happen to the wildlife. She noted her concern with the height of the housing and
the loss of privacy.
Judith Morin, 1295 Old Orchard Avenue appeared before the Committee, stating
she supported the application, but had questions with respect to emergency
vehicles as well as garbage trucks accessing the internal street. She also
questioned the type of amenities which would be on the site.
Piyali Correya, 1267 Haller Avenue appeared before the Committee and also
noted her concerns with the lack of privacy and stated she does not support two
storey buildings. She noted she would also like to see the trees remain and
stated her concerns for the wildlife. She also stated her concern with the width
of the road and how emergency vehicles and truck traffic would manoeuvre on it.
Ms. Correya noted that she had a surveyor on her property verifying property
lines and questioned what that was about.
Pat Norwood, 1268 Haller Avenue appeared before the Committee stating her
concerns with overflow parking from the site and exiting area traffic. She also
noted, her concerns with access for emergency vehicles. She questioned the
height of the buildings and also questioned whether sewer system would be able
to handle the additional housing.
Anthony Nagy, 1275 Haller Avenue, appeared before the Committee stating he
would like to see the existing trees remain to ensure privacy. He stated his
concerns with grading, water runoff and traffic density. He also questioned
whether the internal road would be able to handle truck traffic. He stated that he
had a Bell and Rogers easement in his backyard and did not want people
entering his property in order to hook up to.this new development.
Jaclyn Smart, 829 Fairview, appeared before the Committee in support of the
application. While she could understand the concerns of the residents, she
noted this proposal was better than a highrise. She questioned when
construction would.begin and timeframes involved. -She also questioned the
types of amenities and stated landscaping would be an asset.
2
ATTACHMENT # ~O TO
Call 00 REPORT # PD n to Excerpts from
Planning & Development
Committee Meeting Minutes
Monday, October 3, 2011 71
7:30 pm - Council Chambers
Chair: Councillor McLean
A question and answer period ensued.
Allen Windrum appeared before the Committee and addressed the resident's
concerns. He noted that the surveyor would have been there as a requirement
of the Land Registry office to certify the boundaries. He stated there would be
no cable or bell lines coming off neighbouring properties to service this site. He
also stated they would attempt to retain the trees and landscaping wherever
possible. He stated the road must meet municipal standards, so there would be
no issues with emergency vehicles. or truck traffic. He also stated there would be
4 parking spaces per home so did not expect on street parking. He noted that he
thought the area for any amenities was going to be left as green space. He
expected construction to begin in Spring of 2012 with completion in that same
year.
Correspondence was received from Roy Martell noting numerous concerns with
the application. A number of his concerns included noise, street debris and dust
control, sewer capacities, safety issues and access for emergency vehicles. He
also noted concerns with snow removal, retaining the existing trees and fencing.
Correspondence was received from Sharon and Fred MacPherson, 831 Douglas
Avenue in opposition to the application. They noted objections with the addition
of 16 detached dwelling units in this proposal as well as the side clearance of
dwellings. They stated their area has seen enough development, and noted no
additional residential units should be added unless they fit within the current by-
laws.
Correspondence was received from Walt Norwood, questioning a number of
issues in relation to the proposed application. He inquired whether the units
would have basements, parking and street widths, and also whether the trees
would remain. He also stated his desire to see signs indicating no construction
traffic as well as no engine brakes in residential areas for safety purposes for the
children in the area.
3
ATTACHMENT #-7 TO
REPORT # PQ 07-1a
72
Roy J. Martell Attn: Mr. Ross Pym
1279 Haller Ave
Pickering ON Principal Planner,
Llw IH7 Planning & Development Dept;
City of Pickering. RECEIVED
Re: 1290 / 1292 Old Orchard Ave.
Lot # 7, 8 and Part #9. Plan 432, SEP 192011
City of Pickering. PLANNING & CITY OF PICKERING
DEPARTMENT
Dear Sir
I have some concerns in regards to Zoning By-Law Amendment Appl.
A 12/11, Draft Plan SP-2011-02 and CP-2011-02.
l.- The neighborhood is, very quiet and serene in its present form.
We have a few people on our street, in poor health that require
Their sleep. Imagine their disdain, when bulldozers, excavators
Concrete Trucks; shatter their serenity at lam. And continues
To 7pm. Monday to Saturday, at a decible level exceeding 85.
During Framing constant hammering, sawing, pneumatic tools
Will further add to their misery. Surely some consideration can
Be afforded for these people ?
2- Trucks carrying Dirt, Rubble, Debris from site via Old Orchard
And Liverpool Rd. will certainly deposit same on the roads.
The Developer, Builder, General Contractor should be held
Accountable for cleaning and washing of the roads they soil,
On a daily basis.
3- Dust control, what will be done in regards to Dust migrating to
Existing Residences, are we to bear the cost for this regular
Clean up, while someone else makes a profit, at our expense.
4- Excavation, are Sanitary Sewers, Storm Sewers, Domestic Cold
Water on Old Orchard Ave. Adequately sized to accept site services.
Will excavation, for these services be required. If required, this will
IMPACT on profits, of small Retail Business, located on Old Orchard.
Page 1 of 2
ATTACHMENT #~TO
REPORT # PD 07 " OV 73
5- Developer, General Contractor, Sub Contractors - Do they carry adequate
Liability, Fire, Property Insurance. ?
Will they all, comply with the Occupational Health and Safety Act. ?
Will a hoarding be installed around the site ?
Safety concerns over open excavations, open foundations, not a great spot
For curious children to explore.
Will a security guard be present on site, during framing, for Insurance
Purposes, Fire and Theft. ?
6- Access to and from site (common elements - 17) Will this be classed as a
Fire Route, No Parking for emergency vehicles only ?
Where will snow be stockpiled ?
Will all trees be removed from this site (parts 1 to 16 ) ?
On the Survey Drwg. A chain link fence is indicated, running the property
Line on three sides, stopping short of Old Orchard Ave. Is this chain link
Fence, installed at or near the completion of the Project ?
What is the height ?
7- I understand these single detached houses are two stories, is this correct ?
May I have these concerns answered or addressed !
Thank You, for your Co-operation
I
Regard's
7Z~
.
1Y7A 9 i-,65,e t
Page 2 of 2
ATTACHMENT # TO
7 REPORT # PD 07 -/a
Pym, Ross
From: Sharon & Fred [fsmacpherson@rogers.com]
Sent: October 3, 2011 11:18 PM
To: Clerks Web Email
Cc: Pym, Ross; Mayor Web Email; O'Connell, Jennifer, Councillor; McLean, Bill, Councillor;
Rodrigues, Peter, Councillor; Ashe, Kevin, Councillor; Dickerson, Doug, Councillor; Pickles,
David, Councillor
Subject: Zoning By-law Amendment application A 12/11
To Whom it May Concern
I would like to make a written objection to changing the City of Pickering By-law to allow the amendment of side clearance
to a dwelling from 7.5 meters to 1.258 meters as is proposed in the Zoning By-law Amendment application A 12/11, which
was discussed in the Public Meeting held tonight (Oct 3, 2011).
I would also like to make a written objection to allowing a common element condominium which will act as an access road
for 16 detached dwelling lots.
I believe by-laws are put in place to preserve our city and the rights of the current home owners. I believe the only reason
council would consider the amendment to the zoning by-law, is to increase revenue via additional property tax. I am not
against development if it fits within the current by-laws, i.e. proper municipal streets and proper clearance area
-rounding each single dwelling unit.
I understand that the City of Pickering has done a "Sustainability Case Study" and would like to be home to 170,000
residents by 2023, however, I believe that the residents within the boundaries of Bayly-Liverpool-Lake Ontario-
Frenchman's Bay have already had their fair share of development and have already contributed to nearly doubling the
residents in the area and we are only in year 2011. 1 do not believe we should add any additional residential units to this
area unless they fit within our current By-laws.
Please pass this formal objection onto the appropriate parties. Please let me know when the next public hearing will be
held on this matter.
Also, I would be interested in hearing how many other applications for amendments to the City of Pickering's By-law for a
common element condominium have been proposed and passed. The only other proposal I could find was in 2005 for a
development on Sparrow Circle and Altona Road, Application A 25/05. Therefore, this does not seem to be a common
occurrence, as far as I can tell, and should not be passed.
' ~hlould like to thank Councilor Peter Rodrigues for bringing up the point that if there were at least one fewer homes the
iendment to the By-law for the side clearance would not need to be considered, excellent point which the applicant did
nuc seem to want to acknowledge.
It is appreciated that the applicant is going to erect a wood fence between 6 to 8 feet in height surrounding the proposed
development, however, 'I do not think this is enough to sway council to allow the amendment to the By-laws to be passed.
Thank you.
Sharon & Fred MacPherson
831 Douglas Avenue
1
ATTACHMENT #_3_T0
REPORT # PD 07-62
75
From: marlene walker [mwalkerl@hotmail.com]
Sent: October-10-11 7:13 PM
To: Pym, Ross
Subject: proposal to change zoning- Old Orchard Avenue
Dear Mr. Ross Pym,
I am writing this letter in response to the proposal to amend the zoning by-law and the draft plan to allow 16 detached
dwellings that was revealed at the Public Meeting held on Monday October 3, 2011 at 7:30 pm. I am fully against
amending the zoning by-law from 7.5 m to 1.258 m. as well as the amount of houses you are allowing on this piece of
property and the type of dwellings. Safety and privacy needs to be addressed and taken into consideration for the
existing residence of Pickering. This amendment would directly encroach on our property as we are one of the backyards
( 829 Douglas Avenue) that would have a house 1.258 m from our property line.
In 1992, when this subdivision was first proposed, it was turned down because of safety issues. A fire truck was not able
to turn around in the road nor was a garbage truck, ambulance, etc. So my question is how is this proposal now being
allowed and when was it okayed by the planning department of Pickering? I have received no information about any
public hearings since 1992 so was this secretly passed without the knowledge of the adjacent property owners. I would
certainly appreciate being informed as to who were the members on council when this decision was made. You are now
proposing to put housing even closer to our property lines without regard for the safety of the people in the new
residences let alone the safety of the existing residents. A fire can easily spread from one residence to another.
When purchasing our current house in 1985, we chose this area because of its low density, large lots, privacy, and
beautiful nature, never dreaming that people behind us would be able to sell part of their backyard to enable a
subdivision to exist. Since then you have allowed one dwelling lots on Douglas Avenue and Front Street to subdivide their
lots and put two houses where one originally stood. Then we have the subdivision on Monica Cook Place and the
subdivision on. Luna Court as well as the multiple dwellings, restaurants, stores that now exist at the bottom of Liverpool
Road. This seems to be happening in one concentrated area with no regard for the existing residents. It is interesting to
note that both Monica Cook and Luna are courts with safety for its residence taken into consideration. There is not a
dead end street that would force emergency or sanitation vehicles to back up down a road. Why was a court not
considered for this proposal? Is it because you could not put as many houses on the property? Who will be held
responsible if there is an incident with regard to emergency vehicles? - the planning board, members of council?
In the original plan that was disregarded, backyards faced backyards, not a side yard right up against a backyard
property line. It is noted that both Monica Cook and Luna have backyards that face backyards. Why was this not a
consideration for the existing residents on Douglas Avenue? Instead, we also have a common area against our property
line as well. Who is going to patrol this area when people congregate- the Durham police? In December our house was
robbed and the house at 831 Douglas was also robbed several years ago. Can you see why the safety of our residents
should be taken into consideration? That is all we need is more people congregating around our backyard. There was no
proposal for a common area in the original plan- certainly not on our property line. We had a backyard facing our
backyard. I believe it was a court.
It seems the low density area where we reside is turning into a high density area with traffic congestion from the many
added residence allowed by your planning over the past years. The last time I looked, Liverpool Road was the exit route
if there was a Nuclear problem. In lieu of the past nuclear problems in the world, do you really think adding more houses
to an area is safe? The traffic congestion to get up Liverpool Road in the morning is difficult enough. Can you imagine
when everyone is leaving at once in an emergency situation? Who is going to be held responsible for allowing such high
density around a Nuclear plant and putting the safety of its residents in jeopardy? - the planning board, members of
council? Has anyone taken this into consideration when allowing all this new construction to occur?
The actual dwellings that are proposed for this area need to be reexamined as well as the amount. All houses but one
that are adjacent to the proposed 2 story dwellings are bungalows which would certainly effect the privacy of every
single dwelling. Since when is it feasible to just change the by-laws to shove more houses into an area instead of working
with the residents to come up with a plan suitable for all. Is this why Pickering has a planning department? Isn't the
planning department responsible for its existing residents first before unwanted others coming in to change our area?
Why is more better? Is there a hidden agenda that we are not privy to?
I hope after reading this letter you will reexamine the decisions that have been made regarding the property on Old
Orchard Road and not change the existing zoning by-law from 7.5 m to 1.258 m. Consider the original residents and their
safety and privacy as well as the unique nature that exists in this area. It is time for someone to take a stand regarding
1
76 ATTACHMENT #_--9 -__TO
REPORT # PD O -la
the safety of its residents and the diversity of this area. WTiy owe-h7ve-to continue to put new dwellings into the old
area? This area is very unique and it has been continually forced to change, and not for the better.
I say No to the zoning by-law amendment application A 12/11. No to the Draft plan of condominium, CP-
2011-02 and No to the draftp/an of subdivision, SP-2011-02,
Marlene Imlach-Walker
829 Douglas Avenue
Pickering, Ontario
L1W 3P4
2
ATTACHMENT # /d TO
REPORT # PD D7'/o'7
Maddy Developments Inc.
1290 & 1292 Old Orchard Avenue
City of Pickering
(File No: SP-2011-02, CP-2011-02, A12/11)
Summary of comments heard at October 3, 2011 Public Meeting:
1. height of units
2. impacts on wildlife
3. noise impacts on surrounding neighbourhood
4. sewage capacity
5. utility connections/easements
6. school capacity
.7. traffic impact and capacity to accommodate the proposed development
8. impact on property values
9. loss of privacy
10. loss of vegetation and trees
11. access adequacy for emergency vehicles and garbage trucks on internal streets
12. overflow of parking onto Old Orchard Avenue
13. type of amenities and landscaping on-site
14. on-site grading issues
15. fencing concerns affecting abutting neighbours
Concerns that will be addressed at this Community Meeting:
1. loss of privacy (setbacks)
2. loss of vegetation and trees
3. adequacy of internal street for emergency vehicles and garbage truck access
4. overflow of parking onto Old Orchard Avenue
5. type of amenities and landscaping on-site
.6. on-site grading issues
7. fencing concerns affecting abutting neighbours
MY
hPlanning Applications\Subdivision\2011\01d Orchard\Community Meeting\Summary of Public Concerns for Application.doc
l
c v ATTACHMENT # To Minutes/Meeting Summa
f PI REPORT PD D 7 - / 0 rY
Community Meeting
December 8, 2011
WO&A
KERING 7:00 pm
East Shore Community Centre
Meeting Room # 2
Attendees: Residents:
Fred MacPherson, 831 Douglas Avenue Walt & Pat Norwood, 1268 Haller Avenue
Carol Van Horn, 1261 Haller Avenue Donna Dunlop, 1271 Haller Avenue
Sarah Smith, 1261 Haller Avenue Marcus Kuuter, 1291 Old Orchard Avenue
Bob Forrester, 1283 Old Orchard Avenue Jodith Morin, 1295 Old Orchard Avenue
Margan,& Sharon Nearing, 1288 Old Paul Charade, 1286 Old Orchard Avenue
Orchard Avenue Marlene & Kevin Walker, 829 Douglas
Avenue
Applicants:
Michael Delli-Benedetti, Maddy Development Inc.
Allan Windrem, Chadwin and Company Limited
City Staff:
Marg Wouters, Manager, Development Review & Urban Design
Isabelle Janton, Planner II- Site Planning
Mila Yeung, Planner I
Subject: Maddy Development Inc.
Draft Plan of Subdivision SP-2011-02
Draft Plan of Condominium CP-2011-02
Zoning By-law Amendment A 12/11
Site Plan Application S 11/11
1290 & 1292 Old Orchard Avenue
(Lot 8 and Part of Lots 7 & 9 Plan 432)
City of Pickering
Item / Details & Discussion & Conclusion Action Items/ Status
Ref # (summary of discussion) (include deadline as
appropriate)
Proposal
• to amend the building envelope to permit the development
of 16 detached dwelling units
Type of Application
• Draft Plan of Subdivision
• Draft Plan of Condominium
• Zoning By-law Amendment
• Site Plan
Pagel
ATTACHMENT # TO
REPORT # PD 92 42
Item / Details & Discussion & Conclusion Action Items /Status
Ref # (summary of discussion) (include deadline as
appropriate) ? Q
Prelimina Materials Available
• Applicant's Proposed Site Plan known as drawing 'S1'
last revision dated August 5, 2011
• please see attached "Summary of Public Concerns for
Application" and "Meeting Agenda" created b City staff
Discussion Results
Garbage Collection
• public had concern with garbage collection and on-site
storage
• the applicant assured that garbage collection will not
affect the existing neighbour as the collection of
garbage will be done privately
• public wanted to ensure that private collection will
include recycling and green compost, same as City
garbage collection
Fire Route
• public were concerned that with a private road Fire
Services will not be able to access the site in the event
of afire
• staff indicated that it would be reviewed by the City's
Fire Services Division
Environmental Concerns
• public inquired about the need for an Environmental
Impact Assessment (EIA) for the subject property
• staff indicated for the subject property an
Environmental Impact Assessment is not required but
the applicant submitted an Environmental Site
Assessment and Tree Preservation plan as a part of a
complete application
Property Line and Fencing concerns
• some of the neighbouring property owners indicated
that they received a letter from a land surveyor
informing them they are encroaching
• public were concerned that the land surveyor is not
providing the accurate information but rather
protecting the developer's interest
• staff indicated that the Land Surveyors regulated by
the provincial government, and if there are any
disputes it is a land titles issue not a planning matter
• the developer indicated that the corporation will incur
the cost for fencing the perimeter of the subject
property
Page 2
ATTACHMENT # TO
80 REPORT # PD___ -0--12
Item / Details & Discussion & Conclusion Action Items /Status
Ref # (summary of discussion) (include deadline as
appropriate)
Traffic
• public raised concerns about increased traffic along
Old Orchard Avenue, additional parking and lack of
municipal sidewalks for pedestrians
Servicing
• public wanted clarification on the servicing required for
the proposed development
• the developer told the public that all services will be
provided from Old Orchard Avenue and not through
easements on existing neighbouring properties
• public were concerned with possible service
interruption during the development of the site
Construction and Noise
• public inquired how hours of operation will be enforced Staff will send a copy
• staff noted that the City has a Noise By-law to prohibit of the Noise By-law to
and regulate noise the participants of this
meeting to clarify the
Loss of Privacy (Building Envelope) prohibition and
• abutting property owners to the west of the subject regulation of noise in
property are concerned with the rear yard to side yard the City
condition. They feel that it is a privacy concern that
will result in new dwelling owners overlooking into their
backyards
• Fred MacPherson at 831 Douglas Ave agreed that a
7.5 metres setback is excessive for a side yard but
stressed that a 1.2 metres is insufficient
• staff indicated that a standard side yard width in the
immediate surrounding neighbourhood is 1.5 metres
• Allan Windrem explained to the public that living in an
urban area within the Greater Toronto Area, it is
unrealistic to expect a vacant piece of land to be left
undeveloped when Provincial Plans such as the
Greenbelt Plan and the Places to Grow, encourages
intensification within existing neighbourhoods
Next Ste s
• the applicant will review both City and resident comments
and create possible site plan revisions in response to
comments received. A recommendation report by the
Planning & Development Department will then be
prepared for the Planning & Development Committee for
approval
Meeting Adjourned: 8:50 pm
Page 3
ATTACHMENT # 42 TO
REPORT # PD 07 a
October 25, 2011
M - 1 Ross Pym, MCIP, RPP
•
Planning and Development Department
City of Pickering
One The Esplanade
The Regional Pickering, ON
Municipality L1V 6K7
of Durham
Planning Department Mr. Pym.:
605 ROSSLAND ROAD E
4THFLOOR Re: Regional Comments for Plan of Subdivision S-P-2011-02,
P.O. BOX 623 Plan of Condominium C-P-2011-02 and Rezoning A12111
WHITBY, ON L1N 6A3
(905) 668-7711 Applicant: Maddy Developments
Fax: (905) 666-6208 Municipality: City of Pickering
E-mail: planning@
region.&I'ham.on.ca
We have reviewed .the above-noted applications and the following
www.regi°n.durham.on.oa comments are offered with respect to the Regional Official Plan,
A.L. Georgieff, MCIP, RPP Provincial policies, delegated review responsibilities and Regional
Commissioner of Planning services.
As we understand it, the subdivision application would permit a single
development block. The development block is required to lift part lot
control in order to permit 16 detached units on the property. The
associated condominium application would permit private access and
common element features on the site. The proposed zoning amendment
would facilitate the proposed lots and unit siting.
Region Official Plan
The subject lands are designated "Living Area" in the Regional Official
Plan. "Living Areas" are to be used predominately for housing purposes.
Regional OP Policies support opportunities to increase housing supply in
Urban Areas through intensification such as the creation of residential
units though infilling. The proposed development may be permitted by
the policies of the Regional OP.
Provincial Policy Statement
The Provincial Policy Statement (PPS) provides policy direction for
appropriate development while protecting resources of provincial
interest, public health and safety, and the quality of the natural
environment. PPS policies promote residential intensification, such as
infilling development. This proposal is consistent with the PPS.
"Service Excellence
for our Communities
l
ATTACHMENT # ~07 TO
REPOR? # PD 02 Id
82
Growth Plan
The subject lands are within the built boundary of the Growth Plan. The
Growth Plan encourages intensification in the built-up area. Infill
development within the built-up is encouraged and should be planned
and designed to provide a diverse and compatible mix of land uses to
support vibrant neighborhoods. The proposed development conforms to
the Growth Plan.
Delegated Review Responsibilities
Environmental Protection
A Phase I Environmental Site Assessment (ESA) was prepared by Soil ,
Engineers Limited, dated October 2010. The report indicates that there is
low potential for environmental liability. Further environmental
investigation was not recommended. Any surface or underground debris
found on the site should be removed and disposed of properly prior to
construction.
Regional Services
Water Supply
Municipal water supply is available from an existing 150 mm diameter
cast iron watermain'on Old Orchard Avenue. The subject lands are
within the designated Ajax/Pickering Zone 1 pressure district and the
estimated static water pressure for this area is approximately 85 psi.
Pressure reducing valves will be required in the proposed units due to
pressures exceeding 80 psi.
Sanitary Sewer
Sanitary sewage service is available from an existing 250 mm diameter
concrete sanitary sewer on Old Orchard Avenue. Foundation drains will
not be permitted to discharge to the sanitary sewer system.
Based on the foregoing, the Region has no objection to draft approval of
these plans. The attached conditions of approval are to be satisfied prior
to clearance by the Region for registration of these plans.
ATTACHMENT # /2 TO
REPORT # PD 07'/c~
83
Please contact me should you have any questions or require additional
information regarding this matter.
Cn1(Y~
Dwayne Campbell, MCIP, RPP
Project Planner
Attach: Conditions of Draft Approval for S-P-2011-02
Conditions of Draft Approval for C-P-2011-02
cc: Regional Works Department - Pete Castellan
y
I
I
ATTACHMENT #12 TO
REPORT # PD D-7- L9
84
Conditions of Draft Approval for Plan of Subdivision S-P-2011-02
1. The Owner shall prepare the final plan on the basis of the
approved draft plan of subdivision, prepared by Randy-Pentek and
Edward Surveying Limited, identified as job number 11-051
(subdivision), dated June 2011, which illustrates 1 block for
residential development.
2. The Owner shall submit plans showing the proposed. phasing to
the Region of Durham and the City of Pickering for review and
approval if this subdivision is to be developed by more than one
registration.
3. The Owner shall grant to the Region any easement required to
provide regional services for this development and these
easements shall be in locations and of such widths as determined
by the Region.
4. The Owner shall provide for the extension of such sanitary sewer
and water supply facilities which are external to, as well as within,
the limits of this plan that are required to service this plan. In
addition, the Owner shall provide for the extension of sanitary
sewer and water supply facilities within the limits of the plan which
are required to service other developments external to this
subdivision. Such sanitary sewer and water supply facilities are to
be designed and constructed according to the standards and
requirements of the Region of Durham. All arrangements, financial
and otherwise, for said extensions are to be made to the
satisfaction of the Region of Durham, and are to be completed
prior to final approval of this plan.
5. Prior to entering into a Subdivision Agreement, the Region of
Durham shall be satisfied that adequate water pollution control
plant and water supply plant capacities are available to the
proposed subdivision.
6. The Owner shall satisfy all requirements, financial and otherwise,
of the Region of Durham. This shall include, among other matters,
the execution of a Subdivision Agreement between the Owner and
the Region concerning the provision and installation of sanitary
sewers, water supply, roads and other Regional services.
I
ATTACHMENT # TO
REPORT # PQ O7-/ -
85
85
Conditions of Draft Approval for Plan of Condominium C-P-2011-02
1. The Owner shall prepare the final plan on the basis of the
approved draft plan of condominium, prepared by Randy-Pentek
and Edward Surveying Limited, identified as job number 11-051
(condo), dated June 2011, which illustrates common element
features including a private roadway and parking.
8 6 ATTACHMENT # ~3 TO
REPGRI # PD X7-/02
T'~"~~ I~I ~ u tY y0,
Memo
To: Mila Yeung February 9, 2012
Planner
From: Robert Starr
Manager, Development Control
Copy: N/A
Subject: Draft Plan of Subdivision SP-2011-02
Draft Plan of Condominium CP-2011-02
Zoning By-law Amendment Application A 12/11
Maddy Development Inc.
1290 Old Orchard Avenue
City of Pickering
We have reviewed the revised recommended conditions for the above-noted application and
have no further comments.
RS:jlm
J:\Documents\Development Control\BOBSTARR\memos\applications\draft plan\Mila\Maddy Development Inc Feb. 9, 2012.doc
ATTACHMENT # N TO
REPORT # PD 07'/,2 _
Yeung, Mila Q 7
From: Holmes, Brian
Sent: February-09-12 10:42 AM
To: Yeung, Mila
Subject: RE: Comments - Maddy Development SP-2011-02, CP-2011-02, A12/11 and S11/11
Attachments: image001.jpg
Hi Mila, until the Development Control - Fire Services Policy is in place we are unable to request that
the maximum length of dead end streets are not to exceed 90 meters in length without providing a
turnaround in accordance with the design criteria indicated in the Ontario Building Code.
Subsequently to the meeting with the developers, yourself and Margaret Wouters, we can only
recommend a turnaround at this time.
Brian Holmes
Chief Fire Prevention Officer
Fire Services Division
Administration Department
City of Pickering
T. 905.420.4660 ext. 8511
Toll Free: 1.866.683.2760
TTY. 905.420.1739
bholmes(aD-pickering.ca
pickering.ca
APlease consider your environmental responsibility - think before you print!
From: Yeung, Mila
Sent: February-09-12 9:56 AM
To: Holmes, Brian
Subject: Comments - Maddy Development SP-2011-02, CP-2011-02, A12/11 and S11/11
Hi Brian,
I'm following up on Fire's Comments for the subject applications. Please send your comments to me
ASAP as the report is due Monday.
Please note, the report does not deal with S11/11 which is a Site Plan application. Further details on
the site plan will be dealt with through Isabelle.
Thank you,
Mila Yeung
Planner I
Planning & Development Department
City of Pickering
T. 905.420.4660 ext. 2169
Toll Free 1.866.683.2760
F. 905.420.7648
i
City 00 Report to
Planning & Development Committee
PICKERING Report Number: CAO 04-12
$ Date: March 5, 2012
From: Paul Bigioni
City Solicitor
Subject: Louisville Homes Limited, Plan of Subdivision 40M-2299
- Final Assumption of Plan of Subdivision
- File: 40M-2299
Recommendation:
1. That Goldenridge Road, Rushton Road and Fairport Road within Plan 40M-2299
be assumed for public use;
2. That the works and services required by the Subdivision Agreement within Plan
40M-2299, which are constructed, installed or located on lands dedicated to, or
owned by the City, or on lands lying immediately adjacent thereto, including lands
that are subject to easements transferred to the City, be accepted and assumed
for maintenance;
3. That the Subdivision Agreement and any amendments thereto relating to Plan
40M-2299 be released and removed from title; and
4. That the draft by-law to dedicate Blocks 19 and 20, Plan 40M-2299 as public
highway be enacted.
Executive Summary: The City entered into a Subdivision Agreement with the above-
noted developer for the development of Plan 40M-2299. As all works and services
within this plan have been completed to the satisfaction of City staff, it is appropriate to
assume the roads, works and services within this plan under the jurisdiction of the City
and to release the developer from the provisions of the Subdivision Agreement.
Financial Implications: Not Applicable
Report CAO 04-12 March 5, 2012
Subject: Final Assumption of Plan of Subdivision 40M-2299 Page 2
89
Discussion: The City entered into a Subdivision Agreement with the above-
noted developer for the development of Plan 40M-2299. As all works and services
within this plan have been completed to the satisfaction of City staff, it is appropriate to:
(a) assume the roads, works and services within this plan; and
(b) release the developer from the provisions of the Subdivision Agreement
dated September 15, 2005 and registered as Instrument No. DR476599.
Attachments:
1. Location Map - Plan 40M-2299
2. Draft by-law to dedicate Blocks 19 and 20, Plan 40M-2299 as public highway
Prepared By: Approved dorsed By:
Denise a Paul Bigioni
Supervisor, Property & Development City Solicito
Services
DB:bg
Recommended for the consideration
of Pickering Ci Council
t3, 2012,
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
Report CAO 04-12 March 5, 2012
Subject: Final Assumption of Plan of Subdivision 40M-2299 Page 3
Qn
Recommendation approved:
Chief Administrative Officer ~ ~Jio_
Director, Community Services
Director, Corporate Services & Treasurer
Director, Office of Sustainability
Director, Planning & Development
J~
City Clerk
CORP0227-07/01 revised
ATTACHMENT TO REPORTS C A o O q- i 2
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION Lots 1-18, Blocks 19-30, 40M-2299
OWNER Various DATE Nov. 17, 2011 DRAWN BY JB
FILE No. Subdivision Completion and Assumption SCALE 1:5,000 CHECKED BY DB IV
oTerenet oEnterprteee Ins. a d Ita euppllera. All rlahte Reserved. NI, plan of survey. PN-10
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92
The Corporation of the City of Pickering
By-law No.
Being a by-law to dedicate Blocks 19 and
20, Plan 40M-2299, as public highway.
Whereas The Corporation of the City of Pickering is the owner of Blocks 19 and 20,
Plan 40M-2299 and wishes to dedicate them as public highway.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Blocks 19 and 20, Plan 40M-2299 are hereby dedicated as public highway
(Fairport Road).
By-law read a first, second and third time and finally passed this 26th day of March,
2012.
David Ryan, Mayor
Debbie Shields, City Clerk
J
Roadded.531
City 00 Report To
Executive Committee
PICKERING Report Number: CS 03-12
Date: March 5, 2012
93
From: Everett Buntsma
Director, Community Services
Subject: The Canadian Progress Club - Durham South
- Front Street Centre Lease Renewal
- File: A-1440-001-12
Recommendation:
1. That Report CS 03-12 be received by Council and;
2. That the Mayor and City Clerk be authorized to execute a renewal lease
agreement to permit The Canadian Progress Club - Durham South to continue
their use for club and community purposes at the Front Street Centre from
February 1, 2012 to January 31, 2015 that is acceptable to the Director,
Community Services and the City Solicitor.
Executive Summary:
The Canadian Progress Club - Durham South have an existing Lease Agreement for
the Front Street Centre. The Club has requested to renew this agreement for the next
three years.
The Community Services Department recommends that a renewal agreement be
initiated with The Canadian Progress Club - Durham South.
Financial Implications:
The Club is responsible for providing general maintenance services to the premises as
well as all day-to-day operating expenses.
Discussion:
On February 2, 2004, Council enacted By-law 6285/04 authorizing the execution of a
Lease Agreement with The Canadian Progress Club - Durham South for their use of
the Front Street Centre for club and community purposes, from January 1, 2004 to
December 31, 2006. At the Council Meeting of January 15, 2007, Council approved the
extension of the lease agreement for another 3 year term.
Report CS 03-12 March 5, 2012
Subject: The Canadian Progress Club - Durham South Page 2
94
At this time, The Canadian Progress Club - Durham South have requested to once
again renew this agreement. The renewal lease agreement allows The Canadian
Progress Club - Durham South to continue their use at the Front Street Centre from
February 1, 2012 to January 31, 2015.
The Director, Community Services and Division Head, Culture & Recreation
recommend that a renewal agreement be initiated with The Canadian Progress Club
Durham South.
I
Attachments:
1. Lease Agreement
2. Location Map
Prepared By: Approved/Endorsed By:
Marisa Carpi n Evered Buntsmtr"
(Acting) Man r, Culture & Recreation Director, Community Services
"9-tephen Re s
Division Head, Culture & Recreation
:mc
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickerin ity Council
2o/ 21
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
~ l2
ATTACHMENT #-j-TO REPORT ~q S 03
P o~cJe 1 6~c 5
LEASE AGREEMENT 95
THIS LEASE is made as of the 1st day of February, 2012.
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
(the "City")
- and -
THE CANADIAN PROGRESS CLUB - DURHAM SOUTH
(the "Club")
ARTICLE I
INTERPRETATION
Definitions
1. In this Lease,
(a) "Commencement Date" means February 1, 2012;
(b) "Lease" means this lease as it may be amended from time to time;
(c) "Premises" means the entire facility known as the Front Street Centre
(including the exterior deck and access walks) located on Water Lots 1
and 2 and part of Water Lot 3, Plan 65 in the City of Pickering, Regional
Municipality of Durham;
(d) "Rent" means the rent payable pursuant to Section 21; and
(e) "Term" means the term of this Lease as set out in Section 18.
Headings
2. The division of this Lease into articles, sections, subsections and schedules and
the insertion of headings are for convenience of reference only and shall not
affect the construction or interpretation of this Lease.
2 ATTACHMENT # LTO REPORT #-C-.S -(DS-12-
96
Schedule
3. Schedule "A" (City's Alcohol Management Policy) is incorporated into and forms
part of this Lease.
Severability
4. All of the provisions of this Lease are to be construed as covenants even where
not expressed as such. If any such provision is held to be or rendered invalid,
unenforceable or illegal, then it shall be considered separate and severable from
this Lease and the remaining provisions of this Lease shall remain in force.
Number
5. Wherever a word importing the singular number only is used in this Lease, such
word shall include the plural. Words importing either gender or firms or
corporations shall include the other gender and individuals, firms or corporation
where the context so requires.
Governing Law
6. This Lease shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario.
Entire Agreement
7. This Lease constitutes the entire agreement between the parties concerning the
Premises and may only be amended or supplemented by an agreement in writing
signed by both parties.
ARTICLE II
GRANT AND USE
Grant
8. In consideration of the performance by the Club of its obligations under this
Lease, the City leases the Premises to the Club for its use during the Term
subject to the provisions set out herein.
Club Use of Premises
9. The Premises shall be used only for non-profit functions, charity events or non-
commercial receptions and for no other purpose without the prior written consent
of the City.
10. The Club's use of the Premises shall be in accordance with the City's Alcohol
Management Policy (Schedule "A").
3 ATTACHMENT#- ( TO REPORT # G5 CG-Q-
11. The Club shall have the exclusive use of the Premises every Saturday and 97
Wednesday evening.
Nuisance
12. The Club shall not carry on any activities or do or suffer any act or thing that
constitutes a nuisance or which is offensive or an annoyance to the City.
City Use of Premises
13. Subject to section 11, the City shall have first right of refusal to use the Premises.
The Club shall not be entitled to any rental fees or other remuneration associated
with the use of the Premises by the City.
Assignment and Subletting
14. The Club shall not assign this Lease or sublet all or any portion of the Premises
without the prior written consent of the City.
Licences
15. The Club may grant licences to non-commercial licencees to use the Premises
provided,
(a) the term of the licence does not exceed one (1) month;
(b)\ the licensee agrees to comply with sections 9 and 10 of this Lease; and
(c) the fee for the licence is established by the City.
16. The Club shall retain 100% of all licence fees recovered for the Premises.
17. The Club shall submit a written report to the City every four months documenting
the source and amount of all licence fees received by the Club for the Premises.
ARTICLE III
TERM
Term
18. The term of this Lease shall be three (3) years from the Commencement Date to
January 31, 2015.
19. The City may terminate this Lease:
(i) at any time for any reason provided it has given the- Club six (6) months
prior notice; and
4 ATTACHMENT # -!-TO REPORT # C503 -12_
98 F0'e- 4 aF a
(ii) upon 15 days written notice to the Club in the event of a breach by the
Club of any provision hereof.
Overholding
20. If the Club remains in possession of the Premises after the expiry of the Term,
there shall be no tacit renewal of this Lease or the Term, notwithstanding
statutory provisions or legal presumption to the contrary, and the Club shall be
deemed to be occupying the Premises from month to month upon the same
terms, covenants and conditions as are set forth in this Lease insofar as they are
applicable to a monthly tenancy.
ARTICLE IV
RENT
Rent
21. The Club shall pay to the City as rent for the entire the Term in lawful money of
Canada the sum of One (1) Dollar ($1.00).
Gross Lease
22. The City acknowledges that this is a gross lease and agrees to pay all charges,
impositions and outlays of every nature and kind relating to the Premises except
as expressly set out in this Lease.
ARTICLE V
MAINTENANCE, REPAIRS AND ALTERATIONS
Maintenance of Premises
23. The Club shall maintain and operate the Premises at its expense so that they
shall always be of good appearance and suitable for the proper operation of the
Premises.
24. The Club shall provide general maintenance services to the Premises at its
expense and shall provide all necessary cleaning and maintenance supplies
such as cleaning products, related paper products and cleaning equipment.
25. The Club shall be responsible for all day-to-day operating expenses including
garbage removal. The Club shall not be responsible for utilities.
26. The City shall provide snow removal services for the parking lot. The Club shall
be responsible for snow removal on all sidewalks, walkways and all other areas
of pedestrian passage on the Premises.
27. (1) Subject to subsection (2), the City shall be responsible for all inspections
and preventative maintenance with respect to the heating equipment,
transformer, parking lot, lights and exterior grass cutting and landscaping.
b3 ^ l 2
ATTACH MEN i #J.- FO f7EPORT #-2-3
5
(2) The Club shall be responsible for any damages or costs incurred due to 4
the misuse or negligence of the Club, its employees, invitees, servants,
agents, or others under its control and the Club shall pay to the City on
demand the expense of any repairs including the City's reasonable
administration charge necessitated by such negligence or misuse.
28. The City shall repair existing leaks in plumbing in basement and provide a new
roof if deemed necessary by the Director, Community Services, which
determination shall be final.
29. The Club shall immediately notify the City of any unsafe conditions on the
Premises.
Security
30. The Club shall be responsible for the security of the Premises. The Club will
ensure that no copies of the keys to the Premises are made without the prior
written consent of the City.
Alterations/Improvements to Premises
31. The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
ARTICLE VI
INSURANCE AND INDEMNITY
Club's Insurance
32. The Club, at its sole cost and expense, shall take out and maintain,
(a) insurance upon property owned by it which is located on the Premises;
and
(b) commercial general liability insurance pertaining to the Club's liability to
others in respect of injury, death or damage to property occurring upon, in
or about the Premises, such insurance to be of an amount which is
reasonable and sufficient having regard to the scope of the risk and the
current practice of prudent owners of similar premises for the carrying on
of similar businesses, but in any event in an amount not less than five
million dollars ($5,000,000.00) for claims arising out of one occurrence.
Such policy shall also name the City as an additional named insured and
may not be cancelled unless prior notice by registered letter has been
given to the City by the insurer 30 days in advance of the expiry date.
33. Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insurance in a form satisfactory to the City Treasurer, verifying that the
commercial general liability insurance policy is in effect and setting out the
essential terms and conditions of the insurance.
6 ~S o3 -I 2
ATTACHMENT #-.A- F0 REPORT
100e. 6~g
34. The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Club may be held responsible.
Insurance Risks
35. The Club shall not do, omit to do, or permit to be done or omitted to be done
upon the Premises anything that may contravene or be prohibited by any of the
City's insurance policies in force from time to time covering or relevant to any part
of the Premises or which would prevent the City from procuring its policies with
companies acceptable to the City. If the conduct of business in the Premises or
any acts or omissions of the Club on the Premises causes or results in any
increase in premiums for any of the City's insurance policies, the Club shall pay
such increase to the City.
Indemnification
36. Each of the City and the Club shall indemnify and save harmless the other from
and against any and all actions, losses, damages, claims, costs and expenses
(including solicitors' fees on a solicitor and client basis) to which the party being
indemnified shall or may become liable by reason of any breach, violation or non-
performance by the party so indemnifying of any covenant, term or provision of
this Lease or by reason of any damage, injury or death occasioned to or suffered
by any person or persons including the City or the Club, as the case may be, or
any property by reason of any wrongful act, neglect or default on the part of the
party so indemnifying or any of those persons for whom it is in law responsible.
For greater certainty, the limitation of liability set out above in this section does
not extend to claims, losses or damages resulting in whole or in part from the
gross negligence or wilful misconduct of the party claiming indemnification, its
employees or those for whom it is in law responsible.
ARTICLE VII
REMEDIES ON DEFAULT
City's Right to Re-Enter
37. If any amount payable to the City under this Lease shall remain unpaid for fifteen
(15) days after the Club has received notice thereof, then it shall be lawful for the
City at any time thereafter to re-enter the Premises.
City's Right to Remedy Default
38. In addition to all other remedies the City may have under this Lease and in law, if
the Club is in default of any of its obligations under this Lease, and such default
has continued for a period of ten (10) days after receipt of notice by the Club (or
such longer period as may be reasonably required in the circumstances to cure
such default, except in an emergency where the City will not be required to give
notice), the City, without prejudice to any other rights which it may have with
7 Al 1ACHMr-114i r'l FO REPORT #_~C~ 03 12
(Do- C- 7 o-F 8
respect to such default, may remedy such default and the Club shall be 1 01
responsible for all such costs.
Waiver
39. No condoning, excusing or overlooking by the City of any default, breach or
non-observance by the Club at any time or times in respect of any covenant,
obligation or agreement under this Lease shall operate as a waiver of the City's
rights hereunder in respect of any continuing or subsequent default, breach or
non-observance, or so as to defeat or affect in any way the rights of the City in
respect of any such continuing or subsequent default or breach, and no waiver
shall be inferred from or implied by anything done or omitted by the Club save
only an express waiver in writing.
ARTICLE VIII
MISCELLANEOUS
Quiet Enjoyment
40. The City shall permit the Club to peaceably possess and enjoy the Premises
during the Term without any interference from the City, or any person lawfully .
claiming by, from or under the City provided the Club is not in default.
Right of Entry
41. The Club agrees to permit the City and authorized representatives of the City to
enter the Premises during normal business hours for the purpose of inspecting
the Premises. The City shall use its best efforts to minimize the disruption to the
Club's use of the Premises during any such entry.
Signs
42. The Club may only erect signs on the Premises with the City's prior approval. All
such signs shall be removed from the Premises at the end of the Term.
Compliance with Laws
43. The Club, at its sole cost and expense, shall comply with all legal requirements
(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the
use of the Premises by the Club or the making of any improvements to the
Premises by the Club.
Notice
44. Any notice required to be given by the City to the Club under this Lease shall be
in writing and shall be delivered to the Premises or such other address of which
the Club has notified the City in writing, and any such notice delivered shall be
deemed good and sufficient notice under the terms of this Lease.
8 ATTACHMENT; , fO REPORT# CS 0:1 12
1 0 2 PC%J~e 9, 6~ 2,
45. Any notice required to be given by the Club to the City under this Lease shall be
in writing and shall be delivered to The Corporation of the City of Pickering,
Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City
Clerk) or such other address of which the City has notified the Club in writing, and
any such notice delivered shall be deemed good and sufficient notice under the
terms of this Lease.
Successors and Assigns
46. This Lease shall enure to the benefit of and be binding upon the parties and their
respective successors (including any successor by reason of amalgamation or
statutory arrangement) and permitted assigns.
IN WITNESS WHEREOF the parties have executed this Lease.
THE CORPORATION OF THE CITY OF PICKERING
PER:
David Ryan, Mayor
PER:
Debbie Shields, Clerk
THE CANADIAN PROGRESS CLUB - DURHAM SOUTH
PER:
PER:
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COMMUNITY SERVICES
DEPARTMENT ATTACHMENT FOR i i
ENGINEERING SERVICES DIVISION COMMUNITY.SERVICES REPORT
DAM CS 03-12 - THe Canadian Progress Club - Durham South
1:4 000 DEC 21, 2011
1 0 Report to
Executive Committee
PICKERING Report Number: CS 06-12
Date: March 5, 2012
From: Everett Buntsma
Director, Community Services
Subject: The Claremont Lions Club
- Management Agreement Renewal
- File: A-1440
Recommendation:
1. That Report CS 06-12 be received by Council; and
2. That the Mayor and City Clerk be authorized to execute a management
agreement renewal to which the Claremont Lions Club will be permitted to
continue to provide certain management services to the City at the Claremont
Community Centre from April 1, 2012 to March 31, 2017, that is in a form and
substance acceptable to the Director, Community Services and the City Solicitor.
Executive Summary:
The Claremont Lions Club have an existing management agreement to provide certain
management services to the City at the Claremont Community Centre. The Claremont
Lions Club have requested to renew this agreement for a further five years.
The Community Services Department recommends that a renewal agreement be
initiated with the Claremont Lions Club.
Financial Implications:
The City will receive 25% of the revenues generated from the Lions Club's use of the
facility every Saturday throughout the term of this agreement.
Discussion:
The Claremont Lions Club currently have a management agreement with the City of
Pickering which will expire on March 31, 2012. They have requested to renew this
agreement for the next five years.
Under the terms and conditions of the management agreement, the Claremont Lions
Club is responsible for the security, caretaking and general maintenance services of the
Report CS 06-12 March 5, 2012
Subject: The Claremont Lions Club Page 2
- Management Agreement Renewal 105
premises and the snow removal on all sidewalks, walkways and other areas of
pedestrian passage of the Claremont Community Centre. The renewal agreement
allows the Claremont Lions Club to continue to book the premises for non-profit
functions, charity events, receptions and any other City-approved purposes.
The Director, Community Services and Division Head, Culture & Recreation
recommend that a renewal agreement be initiated with the Claremont Lions Club.
Attachments:
1. Management Agreement
Prepared BY: Approved/End sed BY:
Marisa Carpino Everett Buntsma
(Acting) Manag dCulture & Recreation Director, C nity Services
Stephen Re Ids
Division Head, Culture & Recreation
:mc
Recommended for the consideration
of Pickering City Council
<3; Zo/2,
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
ATTACHMENT #_LT0 REPORT #!5
i ~ t2
THIS MANAGEMENT AGREEMENT made as of April 1, 2012, pursuant to the provisions of sections
191(1) and 207.58 of the Municipal Act, R.S.O. 1990, chapter M.45,
BETWEEN:
THE CLAREMONT LIONS CLUB
herein called the "Club"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE CITY OF PICKERING
herein called the "City"
OF THE SECOND PART.
WHEREAS, the City owns and operates a multi-facility community centre known as the Claremont
Community Centre, in the Hamlet of Claremont, in the City of Pickering, hereinafter referred to as the
"Community Centre" for the benefit of its citizens, particularly those residents in the Hamlet of
Claremont and surrounding area;
WHEREAS, the Club has provided certain management services to the City with respect to other
City-owned facilities located within the Hamlet of Claremont since November 5, 1979 and wishes to
continue providing management services at the Community Centre;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual
covenants and agreements herein contained and the sum of Two (2.00) Dollars paid by each party to
the other (the receipt and sufficiency of which is hereby acknowledged), subject in the terms and
conditions hereinafter set out, the Parties hereto agree as follows:
1. DEFINITIONS
(1) For the purpose of this Agreement "Premises" shall mean:
(a) that portion of the Community Centre being composed of the multi-purpose hall, the
kitchen, the meeting room and adjacent hallways, washroom facilities and public
changerooms.
(2) For the purpose of this Agreement, "Management Services" shall mean:
(a) the leasing of the Premises, or parts thereof, from time to time during the Term of
this Agreement, to non-commercial lessees and third parties for non-profit functions,
ATTACHMENT # 1 TO REPORT #-C S l L
2, 107
charity events, receptions and any other City-approved purposes in accordance with
the rental rates agreed to between the parties hereto in accordance with paragraph
7(e) of this agreement;
(b) the provision of caretaking and general maintenance services to the Premises at the
Club's expense, together with the provisions of all necessary cleaning and
maintenance supplies such as cleaning products, related paper products and
cleaning equipment;
(c) snow removal on all sidewalks, walkways and all other areas of pedestrian passage
at the Community Centre.
2. TERM
The Club shall have use of the Premises and shall provide the City with Management Services
to the satisfaction of the City for a five-year Term (the "Term") commencing as of April 1, 2012
and ending on March 31, 2017, unless earlier terminated.
3. MAINTENANCE
(a) The City shall be responsible for all inspections and preventative maintenance with
respect to the exterior of the Community Centre, the heating equipment, transformer,
parking lot and lights, exterior landscaping and the physical structure of the building
provided, however, that the Club shall be responsible for any damages or costs
incurred due to the misuse or negligence of the Club, its employees, invitees, servants,
agents, or others under its control and the Club shall pay to the City on demand the
expense of any repairs including the City's reasonable administration charge
necessitated by such negligence or misuse.
(b) The City shall be responsible for all day-to-day operating expenses of the Premises
including, hydro, water, heating, air conditioning, sewage disposal (including periodic
emptying of the septic tank) and garbage removal. The City shall provide grass cutting
and landscaping services and snow removal for the parking lot of the Community
Centre only. The Club shall be responsible for snow removal on all sidewalks,
walkways and other areas of pedestrian passage at the Community Centre.
4. SECURITY
The Club shall be responsible for the security of the Premises. The Club shall be responsible
for any costs incurred or arising due to the misuse or negligence of the Club, its employees,
invitees, servants, agents or others under its control and the Club shall pay to the City on
demand the expense of any repairs including the City's reasonable administration charges
necessitated by such negligence or misuse. The Club will ensure that no copies of the keys to
the Premises are made without the prior written consent of the City.
2
ATTACHMENT # -!-TO REPORT # CS ~O _ l 2
(D 2-
5. CITY USE OF PREMISES
(a) Notwithstanding any other provision of this Agreement, the City and the Club
acknowledge and agree that the City will have first right of refusal to use the Premises,
for the City's Culture and Recreation Division programs including the Claremont and
District Community Association program purposes or for any other City purpose
Monday through Thursday from 7:00 a.m. to 11:00 p.m. throughout the Term, at no cost
to the City. The City agrees to provide the Club with the specific dates and times that
the Premises will be required for City use or for use by the Claremont and District
Community Association, at least one month in advance of the required date. The Club
will not be entitled to any rental fees or other remuneration associated with the said use
of the Premises by the City or by the Claremont and District Community Association.
(b) The parties further agree that the City will have exclusive use of the Premises for City
programs every Friday from 5:00 p.m. to 12:00 midnight at no cost to the City.
6. USE & OCCUPANCY OF PREMISES BY THE CLUB
The Club agrees to use, and ensure that the use of the Premises is in accordance with the
City's Alcohol Management Policy and the City's rules and regulations which are attached
hereto as Schedules A and B.
(a) Sharing of Use with Community Association
The parties herein acknowledge and agree that the Club shall have the exclusive use of
the Premises every Saturday throughout the year and New Year's Eve of each year
throughout the Term;
(b) Appearance of Premises
The Club agrees to maintain and operate the Premises so that they shall always be of
good appearance and suitable for the proper operation of the uses required to be
carried on therein and comparable with the standards of the best such uses, and in so
doing, to keep both the interior and exterior of the Premises clean, orderly and tidy, and
clear of all refuse, snow and ice;
(c) By-Laws
The Club agrees to comply, at its own expense, with all Municipal, Federal and
Provincial, sanitary, fire, health and safety laws, regulations and requirements
pertaining to the occupation and use of the Premises, the condition of the
improvements, trade fixtures, furniture and equipment installed by or on behalf of the
Club therein and the making by the Club of any repairs, changes or improvements
therein, which repairs, changes or improvements, shall be pre-approved by the City in
accordance with the provisions of Clause 10 herein.
3
ATTACHMENT # 1 TO REPORT # Cs 12
10 C9
7. RENTAL REVENUES
(a) The Club shall pay to the City a fee equal to 25% of the gross revenue collected by the
Club for their use-of the Premises on Saturdays throughout the Term.
(b) The Club shall retain 100% of the rental fees recovered for the Premises from all leases
other than the City and the Claremont and District Community Association, Monday
through Thursday from 12:00 noon to 12:00 midnight for the months of September to
June and Monday through Friday 6:00 p.m. to 12:00 midnight for the months of July
and August.
(c) The applicable fee, as set out in 7(a) above, shall be paid by the Club to the City, in
lawful money of Canada, on January 31St, April 30th, July 31St, and October 31St of each
year throughout the Term and at the address of the City set out in section 16(3) (a) or at
such other place as the City shall from time to time designate.
(d) The Club shall submit a written report to the City quarter-yearly which shall include
financial statements setting out the details of the funds received by the Club from the
rental of the Premises.
(e) The Club agrees that it shall only charge such fees for the rental of the Premises at the
rate that is approved by the City from time to time. The City and the Club shall
establish the approved rental fee rate yearly throughout the Term.
8. GENERAL COVENANTS
(1) The City covenants with the Club:
(a) for quiet enjoyment; and
(b) to observe and perform all covenants and obligations of the City herein.
(2) The Club covenants with the City:
(a) to pay rent; and
(b) to pay all applicable taxes, including business taxes and goods and services taxes;
and
(c) to observe and perform all covenants and obligations of the Club herein.
9. PROHIBITION AGAINST ASSIGNMENT AND SUB-LETTING
The Club shall not assign this Management Agreement without the prior written consent of the
City which consent may be arbitrarily withheld.
4
ATTACHMENT # k TO REPORT # ~S 2
110 (A S o~ 2
10. LEASEHOLD IMPROVEMENTS & TRADE FIXTURES
(1) Definition of Leasehold Improvements
For purposes of this Management Agreement, the Term "Leasehold Improvements"
includes without limitation all fixtures, improvements, installations, alterations and
additions from time to time made, erected or installed by or on behalf of the Club in or
on the Premises, and whether or not moveable, with the exception of furniture and
equipment not of the nature of fixtures.
(2) Installation of Improvements & Fixtures
The Club shall not make, erect, install or alter any Leasehold Improvements or trade
fixtures, including lighting, in or on the Premises without having first obtained the City's
written approval. The Club's request for any approval hereunder shall be in writing and
accompanied by an adequate description of the contemplated work and, where
appropriate, working drawings and specifications thereof. All work to be performed in
the Premises shall be performed by competent contractors and subcontractors of whom
the City shall have approved such approval not to be unreasonably withheld. All such
work shall be subject to inspection by and the reasonable supervision of the City, and
shall be performed in accordance with any reasonable conditions or regulations
imposed by the City and completed in a good and workmanlike manner in accordance
with the description of work approved by the City.
(3) Liens & Encumbrances on Improvements & Fixtures
In connection with the making, erection, installation or alteration of Leasehold
Improvements and trade fixtures and all other work or installations made by or for the
Club in or on the Premises, the Club shall comply with all the provisions of the
Construction Lien Act, and other statutes from time to time applicable thereto, including
any provision requiring or enabling the retention by way of hold-back of portions of any
sums payable, and except as to any such hold-back shall promptly pay all accounts
relating thereto. The Club shall not create any mortgage, conditional sale agreement or
other encumbrance in respect of its Leasehold Improvements or, without the consent of
the City, with respect to its trade fixtures nor shall the Club take any action as a
consequence of which any such mortgage, conditional sale agreement or other
encumbrance would attach to the Premises or any part thereof. If and whenever any
lien for work, labour, services or materials supplied to or for the Club or for the cost of
which the Club may be in any way liable, or claims therefore shall arise or be filed or any
such mortgage, conditional sale agreement or other encumbrance shall attach, the Club
shall within 20 days after receipt of notice thereof procure the discharge thereof,
including any certificate of action registered in respect of any lien, by payment or giving
security or in such other manner as may be required or permitted by law, and failing
which the City may in addition to all other remedies hereunder avail itself of its remedy
under section 12 hereof and may make any payments required to procure the
5
ATTACHMENT# 1 i+OREPORT# CS d(,-"-(2-
(2c-t-oJe (P CP l)- 111
discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the
Club as provided in section 12, and its right to reimbursement shall not be affected or
impaired if the Club shall then or subsequently establish or claim that any lien or
encumbrance so discharged was without merit or excessive or subject to any
abatement, set-off or defense. This subsection shall not prevent the Club from
mortgaging or encumbering its chattels, furniture or equipment not of the nature of
fixtures.
(4) Additions and Alterations
The Club shall not make any alterations or additions to the Premises without the prior
written consent of the City's Director, Community Services. Any such pre-approved
alterations, additions, or fixtures shall be added to the City's inventory of fixtures, and
shall form part of the City's property. The Club acknowledges that it has no claim to
any such alteration, addition or fixture upon the Termination of this Agreement.
11. INSURANCE & LIABILITY
(1) Club's Insurance
The Club shall take out and keep in force during the Term:
(a) comprehensive insurance of the type commonly called general public liability,
which shall include coverage for personal liability, contractual liability, Club's
legal liability, non-owned automobile liability, bodily injury, death and property
damage, all on an occurrence basis with respect to the Club's use and
occupancy of the Premises, with coverage for any one occurrence or claim of not
less than $2,000,000, or such other amount as the City may reasonably require
upon not less than six months notice at any time during the Term, which
insurance shall include the City as a named insured and shall protect the City in
respect of claims by the Club as if the City were separately insured; and
(b) insurance against such other perils and in such amounts as the City may from
time to time reasonably require upon not less than 90 days written notice, such
requirement to be made on the basis that the required insurance is customary at
the time for prudent tenants of similar properties.
All insurance required to be maintained by the Club hereunder shall be on Terms and
with insurers to which the City has no reasonable objection. Each policy shall contain a
waiver by the insurer of any rights of subrogation or indemnity or any other claim over to
which the insurer might otherwise be entitled against the City or the agents or
employees of the City, and shall also contain an undertaking by the insurer that no
material change adverse to the City or the Club will be made, and the policy will not
lapse or be cancelled, except after not less-than thirty days written notice to the City of
the intended change, lapse or cancellation. The Club shall furnish to the City, if and
whenever requested by it, certificates or other evidences acceptable to the City as to
6
ATTACHMENT # ~ T O REPORT #
112 ect,~ -7 1 Z
the insurance from time to time effected by the Club and its renewal or continuation in
force, together with evidence as to the method of determination of full replacement cost
of the Club's Leasehold Improvements, trade fixtures, furniture and equipment, and if
the City reasonably concludes that the full replacement cost has been underestimated,
the Club shall forthwith arrange for any consequent increase in coverage required
hereunder. If the Club shall fail to take out, renew and keep in force such insurance, or
if the evidences submitted to the City pursuant to the preceding sentence are
unacceptable to the City or no such evidences are submitted within a reasonable period
after request therefore by the City then the City may give to the Club written notice
requiring compliance with this section and specifying the respects in which the Club is
not then in compliance with this section. If the Club does not, within 72 hours or such
lesser period as the City may reasonably require having regard to the urgency of the
situation, provide appropriate evidence of compliance with this section, the City may,
but shall not be obligated to, obtain some or all of the additional coverage or other
insurance which the Club shall have failed to obtain, without prejudice to any other
rights of the City under this Lease or otherwise, and the Club shall pay all premiums
and other expenses incurred by the City in that connection as additional rent pursuant
to section 14 hereof.
(2) Limitation of City's Liability
The City shall not be liable for any bodily injury or death of, or loss or damage to any
property belonging to the Club or its employees, invitees or licensees or its guests, or to
any other person in, on or about the Premises.
(3) Club's Indemnification of City
The Club shall indemnify and save harmless the City in respect of:
(a) all actions, causes of actions, suits, liens, claims and demands whatsoever,
which may arise either directly or indirectly by reason of any act or omission of
the Club, its servants, licensees, invitees, members, guests, contractors or
agents in the use or occupation of the Premises;
(b) any loss, cost, expense or damage suffered or incurred by the City arising from
any breach by the Club of any of its covenants and obligations under this
Management Agreement; and
(c) all costs, expenses and reasonable legal fees that may be incurred or paid by the
City in enforcing against the Club the covenants, agreements and representations of
the Club set out in this Management Agreement.
12. CITY'S ACCESS
(1) The Club shall be responsible for minor repairs to the Premises, at its expense,
reasonable wear and tear, fire damage, lightning damage and storm damage excepted.
7
ATTACHMENT # I TO REPORT # C C~,- Q_
PCX_ ~e 6 (Z 1 13
(2) The City shall be permitted at any time and from time to time to enter and to have its
authorized agents, employees and contractors enter the Premises for the purposes of
inspection, maintenance or making repairs, and the Club shall provide free and
unhampered access for the purpose, and shall not be entitled to compensation for any
inconvenience, nuisance or discomfort caused thereby, but the City in exercising its
rights hereunder shall proceed to the extent reasonably possible so as to minimize
interference with the Club's use and enjoyment of the Premises.
13. DELAY & NON-WAVER
(1) Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and to the extent that
either the City or the Club shall be prevented, delayed or restricted in the fulfillment of
any obligation hereunder in respect of the making of any repair, the doing of any work
or any other thing, other than the payment of rent or other monies due, by reason of:
(i) strikes or work stoppages;
(ii) inability to obtain any material, service, utility or labour required to fulfill such
obligation;
(iii) any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting
such fulfillment; or
(iv) other unavoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which
such circumstances operates to prevent, delay or restrict the fulfillment thereof, and the
other party shall not be entitled to compensation for any inconvenience, nuisance or
discomfort thereby occasioned.
(2) Waiver
If either the City or the Club shall overlook, excuse, condone or suffer any default,
breach or non-observance by the other of any obligation hereunder, this shall not
operate as a waiver of such obligation in respect of any continuing or subsequent
default, breach or non-observance, and no such waiver shall be implied but shall only
be effective if expressed in writing.
14. REMEDIES OF CITY
(1) In addition to all rights and remedies of the City available to it in the event of any default
hereunder by the Club through improper compliance or non-compliance with any
8
ATTACHMENT # TO REPORT # CS Off- ( Z
114 n_Cx~_ l2-
obligation arising either under this or any other provision of this Management
Agreement or under statute or the general law,
(a) the City shall have the right at all times to remedy or attempt to remedy any
default of the Club, and in so doing may make any payments due or alleged to
be due by the Club to third parties and may enter upon the Premises to do any
work or other things therein, and in such event all expenses of the City in
remedying or attempting to remedy such default shall be payable by the Club to
the City as additional rent forthwith upon demand;
(b) the City shall have the same rights and remedies in the event of any non-
payment by the Club of any amounts payable by the Club under any provision of
this Management Agreement as in the case of a non-payment of rent; and
(c) if the Club shall fail to pay any rent or other amount from time to time payable by
it to the City, hereunder promptly when due, the City shall be entitled, if it shall
demand it, to interest thereon at a rate of three per cent per annum in excess of
the minimum lending rate to prime commercial borrowers from time to time
current at the City's bank from the date upon which the same was due until
actual payment thereof.
(2) Remedies Cumulative
The City may from time to time resort to any or all of the rights and remedies available
to it in the event of any default hereunder by the Club, through improper compliance or
non-compliance with any obligation arising either under any provision of this
Management Agreement or under statute or the general law, all of which rights and
remedies are intended to be cumulative and not alternative; and the express provisions
hereunder as to certain right and remedies are not to be interpreted as excluding any
other or additional rights and remedies available to the City by statute or the general
law.
(3) Right of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the Club or any
part thereof shall not be paid on the day appointed for payment thereof, whether
lawfully demanded or not, and the Club shall have failed to pay such rent or other
monies within five (5) business days after the City shall have given to the Club notice
requiring such payment, or if the Club shall breach or fail to observe and perform any of
the covenants, agreements, provisos, conditions and other obligations on the part of the
Club to be kept, observed or performed hereunder, or if this Management Agreement
shall have become terminated pursuant to any provision hereof, or if the City shall have
become entitled to terminate this Management Agreement and shall have given notice
terminating it pursuant to any provision hereof, then and in every such case it shall be
lawful for the City thereafter to enter into and upon the Premises or any part thereof in
the name of the whole and the same to have again, repossess and enjoy as of its
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ATTACHMENT # ► O RE-POR"C_ CS Q_
Page (c-:) t~ 115
former estate, anything in this Management Agreement contained to the contrary
notwithstanding.
(4) Termination & Re-Entry
(a) If and whenever the City becomes entitled to re-enter upon the Premises under
any provision of this Management Agreement the City, in addition to all other
rights and remedies, shall have the right to terminate this Management
Agreement forthwith by leaving upon the Premises notice in writing of such
Termination.
(b) This Agreement may be terminated by either party upon six month's notice to the
other in writing.
(c) This Agreement may be terminated by the City upon ten day's notice to the Club
in writing in the event that the insurance required to be provided in section 11 of
this Agreement is not provided or is not kept in force.
(d) In the event that this Agreement is terminated by the City pursuant to subsection
(a), (b) or (c) above, the City shall honour any bookings previously made by the
Club with non-commercial lessees or third parties for the use of the Premises
after the effective date of termination.
(5) Payment of Rent, etc. on Termination
Upon the giving by the City of a notice, in writing, terminating this Management
Agreement, whether pursuant to this or any other provision of this Management
Agreement, this Management Agreement and the Term shall terminate, rent and any
other payments for which the Club is liable under this Management Agreement shall be
computed, apportioned and paid in full to the date of such termination, and the Club
shall immediately deliver up possession of the Premises to the City, and the City may
re-enter and take possession of them.
15. IMPROPER USE OF PREMISES: BANKRUPTCY
In the event that the Premises are used, without the City's consent, for any purpose other than
that for which they were leased, or occupied by any persons whose occupancy is prohibited by
this Management Agreement, or if the Premises shall be vacated or abandoned, or remain
unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of
the Term or any of the goods and chattels of the Club shall at any time be seized in execution
or attachment, or if the Club shall make any assignment for the benefit of creditors or any bulk
sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force
for bankrupt or insolvent debtors, then in any such case the City may at its option terminate
this Management Agreement by leaving upon the Premises notice in writing of such
termination and thereupon, in addition to the payment by the Club of rent and other payments
10
1 1 6 ATTACHMENT #-l_ 10 REeOR f# C S off Z
for which the Club is liable under this Management Agreement, rent for the current month and
the next ensuing 3 months shall immediately become due and paid by the Club.
16. MISCELLANEOUS PROVISIONS
(1) Registration of Management Agreement
Neither the Club nor the City shall register this Management Agreement or a notice of
this Management Agreement.
(2) Management Agreement Constitutes Entire Agreement
There are no covenants, representations, warranties, agreements or conditions express
or implied, collateral or otherwise forming part of or in any way affecting or relating to
this Management Agreement save as expressly set out in this Management Agreement;
this Management Agreement constitutes the entire agreement between the City and the
Club and may not be modified except as herein explicitly provided or except by
agreement in writing executed by the City and the Club.
(3) Notices
Any notice required or contemplated by any provision hereof shall be given in writing,
and
(a) if to the City, either delivered to the City Clerk personally or mailed by prepaid
registered mail addressed to The City Clerk, The Corporation of the City of
Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1 V
6K7; and
(b) if to the Club, either delivered to The Claremont Lions Club, c/o the President or
Secretary, at 1674 David Street, Claremont Ontario, L1Y 1 B2
Every such notice shall be deemed to have been given when delivered or, if mailed as
aforesaid, upon the third day after the day it -is mailed. Either party may from time to
time by notice in writing to the other, designate another address in Canada as the
address to which notices are to be mailed to it.
(4) Interpretation
All of the provisions of this Management Agreement are to be construed as covenants
and agreements as though words importing such covenants and agreements were used
in each separate provision hereof, and the titles and captions appearing for the
provisions of this Management Agreement have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge the scope or
meaning of this Management Agreement or of any provision hereof.
11
ATTACHMENT # l fO KEEOKI- # CS - (2-
117
~2 ~f 2 (5) Extent of Management Agreement Obligations
This Management Agreement and everything herein contained shall ensure to the
benefit of and be binding upon the respective heirs, executors, administrators and other
legal representatives, as the case may be, of each party hereto, and every reference
herein to any party hereto shall include the heirs, executors, administrators, and other
legal representatives of such party.
(6) Schedules
Schedules "A" and "B" attached hereto form part of this Agreement.
I
IN WITNESS WHEREOF the Parties hereto have executed this Indenture.
SIGNED, SEALED AND DELIVERED
THE CLAREMONT LIONS CLUB
THE CORPORATION OF THE CITY OF PICKERING
David Ryan, Mayor
Debbie Shields, City Clerk
12
11~
Cis o~
Report To
Executive Committee NNt PICKERI
Report Number: CST 04-12
Date: March 5, 2012
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Tender/Contract Approval
- Council Break for Christmas/New Year Period
Recommendation:
1. That Report CST 04-12 of the Director, Corporate Services & Treasurer regarding
tender and contract approvals during the Council Break for Christmas/New Year
be received; and,
2. That Council confirm the Chief Administrative Officer's approval of Request for
Proposal No. RFP-4-2011 submitted by AECOM for Consulting Services for
Structural Repairs & Associated Works.
Executive Summary: Council is required to approve projects awarded by the Chief
Administrative Officer during any recess, break or absence of Council. The proposal and
project approvals contained in this report were approved by the Chief Administrative
Officer during the Christmas - New Year period.
Proposal RFP-4-2011 is to provide consulting services for the design of structural repairs
and associated works for various bridges and culvert locations.
Financial Implications: The capital projects listed and described in this report are
being funded from the Federal Gas Tax as approved by Council in the 2011 Capital
Budget.
The total projected costs are below budget in the net amount of $378 and the surplus
funds will be returned to the funding source for use in future budgets.
The project was awarded to the only respondent to the RFP and was within budget as
required by Purchasing Policy Item 07.01 (a), and, therefore within staffs authority to
approve. There are no additional financial implications associated with these projects or
this report.
Report CST 04-12 Date: March 5, 2012
11~
Subject: Project / Contract Approval Page 2
- Council's Christmas / New Year "Break"
Discussion: . On October 11, 2011 Council passed Resolution #166/11 to approve
the City's Purchasing Policy. Section 07.01 of the Purchasing Policy authorizes the Chief
Administrative Officer to,act on behalf of Council in approving an award of a project, and
the Treasurer is authorized to approve financing for same, during any recess, break or
absence of Council on the condition that
(a) The project is in a budget approved by Council;
(b) Such actions are in compliance with the Purchasing Policy and the Financial
Control Policy;
(c) The project is not debt financed; and
(d) A report respecting those approvals is subsequently submitted to Council.
Circumstances were such that one proposal required approval during the Council's
Christmas/New Year period but before year end, however, no meetings were scheduled.
Therefore, under authority of the foregoing, the following was approved by the Chief
Administrative Officer on December 22, 2011. It is recommended that Council receive
this Report for information and ratify the approval of Proposal No. RFP-4-2011 submitted
by AECOM for Consulting Services for Structural Repairs & Associated Works.
Request for Proposal No. RFP-4- 2011 for Consulting Services for Structural
Repairs & Associated Works
The only proposal, No. RFP-4-2011 submitted by AECOM in the amount of $117,678.20
(HST included) be approved.
Financial Implications:
1. Request for Proposal Amount
Request for Proposal No. RFP 4-2011 $104,140
HST (13%) 13,538
Sub-Total 117,782
HST Rebate (11.24%) 1( 1,705)
Total $105,477
2. Approved Source of Funds
Roads Capital Budget
[Total ocation Project Code Source of Funds Budget Required
5320.1112 Federal Gas Tax $115,000 $114,622
$115,000 $114,622
Report CST 04-12 Date: March 5, 2012
120
Subject: Project / Contract Approval Page 3
- Council's Christmas / New Year "Break"
3. Estimated Project Costing Summa
Request for Proposal No. RFP 4-2011 $104,140
Contingency 8,500
Sub Total - Costs 112,640
HST (13%) 14,643
Total Gross Project Costs 127,283
HST Rebate (11.24%) 12,661
Total Net Project Costs 114,622
Net Project Costs over under Approved Funds $378
Attachments:
1. Engineering Services Memorandum, December 22, 2011
Prepa ed By: Approved/Endorsed By:
era A. F Igemacher Gillis Paterson,
CSCMP, CPPO, CPPB, C.P.M., CMM.III Director, Corporate Services & Treasurer
Manager, Supply & Services
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Cou cil
/ , z2, Zol2
Tony Prevedel, P.Eng.
Chief Administrative Officer
ATTACHMENT #-L-TO REPORT # jS7 --12
RECEI E , 121
0 .
CITY OF PICKERING
PICKERING DEC 2011 Memo
1811 BICENTENNIAL 2011 SUPPLY AND SERVICES
To: Tony Prevedel December 22, 2011
Chief Administrative Officer
From: Richard Holborn
Division Head, Engineering Services
Copy: Director, Corporate Services & Treasurer
Director, Community. Services
Manager, Supply & Services
Supervisor, Engineering & Capital Works
Subject: Request for Proposal No. RFP-4-2011
Consulting Services for Structure Repairs & Associated Works
File: A-1440-001-11
Overview and Recommendation: The undertaking of the design and construction of bridge
and culvert repairs at various locations was provided for in the 2011 Capital Budget. Proposals for
the design component were called with one company responding. The project cannot be carried
over without a Purchase Order therefore, approval is required now. Given Council's "break" for
Christmas and New Year's holidays the Director, Corporate Services & Treasurer advises that
with his and the CAD's approval, this contract can be awarded before year end.
Requests for Proposals were, invited from four companies of which one (1) responded by the
official closing date and time. The lowest acceptable proposal was submitted by AECOM. It is
recommended:
1. That proposal No. RFP-4- 2011 submitted by AECOM at a cost of $117,678.20 (HST
included) be accepted;
2. That the total gross project cost of $127,283 (HST included) and a net project cost of
$114,622 (net of HST rebate) including the proposal amount and other associated costs be
approved;
3. That the Director, Corporate Services & Treasurer be authorized to finance the project in
the sum of $114,622 as provided for in the 2011 approved Capital Budget -Roads Capital,
and be funded from the Federal Gas Tax; and,
4. That the appropriate City of Pickering officials be authorized to take necessary action to
give effect thereto.
i
Executive Summary: AS part of the 2011 Roads Capital Budget, consulting services for the
design of structural repairs and associated works was approved for various bridges and culvert
locations. In 2010 the City of Pickering hired the consulting firm of Keystone Bridge Management
to undertake the Municipal Bridge Appraisal for the City's bridges and culverts. During the
appraisals it was noted that:
• Bridge 6003 (Wilson Bridge), Sideline 30, 0.4 km south of Seventh Concession Road.
Handrail replacement and new guiderail installation
• Bridge 6004, Sideline 32, 0.7 km south of Seventh Concession Road. Handrail replacement
and new guiderail installation.
• Bridge 9006, Sideline 4, 1.4 km north of Ninth Concession Road. Handrail Replacement and
new guiderail installation.
• Culvert 7, Radom Street 0.2 km west of Liverpool Road. New concrete lining.
Request for Proposal No. RFP 4-2011 was issued on Monday, December 5, 2011 and closed
Tuesday, December 13, 2011, with one company responding. The proposal submitted by
AECOM in the amount of $104,140 (plus HST) is recommended for approval. The total gross
project cost is estimated at $127,283 (HST included) with an estimated total net project cost of
$114,622 (net of HST rebate).
Financial Implications:
1. Request for Proposal Amount
Request for Proposal No. RFP 4-2011 $104,140
HST (13%) 13,538
Sub-Total 117,678
HST Rebate (11.24%) 1~ 1,70
Total $105,973
2. Approved Source of Funds
Roads Capital Budget
Location Project Code Source of Funds Budget Required
5320.1113 Federal Gas Tax $115,000 $114,622
Total $115,000 $114,622
i
i
December 22, 2011 Page 2
Consulting Services, Structural Repairs and
Associated Works
RFP-4-2011
i
3. Estimated Project t;ostin Summa
Request for Proposal No. RFP 4-2011 $104,140
Contingency 8,500 123
Sub Total - Costs 112,640
HST (13%) 14,643
Total Gross Project Costs 127,283
HST Rebate (11.24%) 12,661
Total Net Project Costs 114,622
Net Project Costs (over) under Approved Funds $378
Sustainability Implications: This project will allow for improving the roadway safety and
vehicular flow in this area.
Background: As part of the 2011 Roads Capital Budget, consulting services for the design
of structural repairs and associated works were approved for various bridge and culvert locations.
In 2010 the City of Pickering hired the consulting firm of Keystone Bridge Management to
undertake the Municipal Bridge Appraisal for the City's bridges and culverts. During the
appraisals it was noted that:
• Bridge 6003 (Wilson Bridge), Sideline 30, 0.4 km south of Seventh Concession Road.
Handrail replacement and new guiderail installation
• Bridge 6004, Sideline 32, 0.7 km south of Seventh Concession Road. Handrail replacement
and new guiderail installation.
• Bridge 9006, Sideline 4, 1.4 km north of Ninth Concession Road. Handrail Replacement and
new guiderail installation.
• Culvert 7, Radom Street 0.2 km west of Liverpool Road. New concrete lining.
Request for Proposal No. RFP 4-2011 was issued on Monday, December 5, 2011 and closed
Tuesday, December 13, 2011. Of the four (4) companies invited, two (2) were unable to
participate due to current workload, one (1) did not respond and one (1) company (AECOM)
submitted a proposal. The proposal submitted by AECOM has been evaluated by the evaluation
committee in accordance with established criteria and has.scored well.
The proposal submitted by AECOM is recommended for approval and this dollar value requires
Council approval. The total gross project cost is estimated at $127,283 (HST included) with an
estimated total net project cost of $114,622 (net of HST rebate). The references for AECOM have
been checked and are deemed acceptable by the Supervisor, Engineering & Capital Works. The
Health & Safety Policy, a current WSIB Workplace Injury Summary Report and Certificate of
December 22, 2011 Page 3
Consulting Services, Structural Repairs and
Associated Works
RFP-4-2011
1C1 94
arance issued by Workplace Safety & Insurance Board as submitted by AECOM have been
reviewed by the Coordinator, Health & Safety and deemed acceptable. The Certificate of
Insurance has been reviewed by the Manager, Finance & Taxation and is deemed acceptable. In
conjunction with staff's review of the consultant previous work experience, check of references
submitted and the bonding available on this project, the tender is deemed acceptable.
Upon careful examination of the proposal and relevant documents received, the Community
Services Department, Engineering Services Division recommends acceptance of the low bid
submitted AECOM for Request for Proposal No. RFP 4-2011 in the amount of $117,678 (HST
included) and that the total net project cost of $105,477 be approved.
The City Purchasing Policy Section 10.04 (b), where written proposals for consulting and
professional services have been obtained an award over $50,000 is subject to the additional
approval of Council
Attachments:
1. Supply & Services Memo Dated December 13, 2011
Prepared By: Approved/Endorsed By:
ar II Selsky, Supervisor EverettOuntsma
Engineering & Capital Works Direc dr, Community Services
Vera A. Felgemacher illis Paterson, CMA
CSCMP, CPPO, CPPB, C.P.M., CMMIII Director, Corporate Services & Treasurer
Manager, Supply.& Services
Rich rd Holbo , P. Eng.
DiAion Head, Engineering Services
7
December 22, 2011 Page 4
Consulting Services, Structural Repairs and
Associated Works
RFP-4-2011
Approval. 1 2 5
Tony Prevedel, P.Eng.
Chief Administrative Officer
December 22, 2011 Page 5
Consulting Services, Structural Repairs and
Associated Works
RFP-4-2011
126
DICKERING
Memo
1a1t BICENTENNIAL 2011
To: Everett Buntsma December 13, 2011
Director, Community Services
Richard Holborn
Division Head, Engineering Services
From: Vera A. Felgemacher
Manager, Supply & Services
Copy: Supervisor, Engineering & Capital Works
Subject: Request for Proposal No. RFP-4-2011,
Consulting Services, Structural Repairs and Associated Works
Submission Date: Tuesday, December 13, 2011, 12:00 Noon (local time)
File: F-5300-001
The Evaluation Committee has completed its Stage II review consisting of a scoring by the City of each
qualified proposal on the basis of the rated criteria. (Reference: Part 3 Evaluation of Proposals, Item 3.2
Stages of Proposal Evaluation, Item 3.2.2 Stage I1). A copy of the Evaluation Committee Summary of
Average Scores form is attached.
Stage III has subsequently been completed consisting of a scoring of the pricing submitted. The evaluation
of price is undertaken after the evaluation of mandatory requirements and any rated requirements has
been completed. (Reference: Part 3 Evaluation of Proposals, Item 3.2 Stages of Proposal Evaluation, Item
3.2.3 Stage 111).
In conclusion, the cumulative score consisting of scores from Stage II and Stage III has been compiled and
the highest ranking proponent selected for contract negotiations in accordance with Part 4, Terms and
conditions of the RFP process is AECOM. (Reference: Part 3 Evaluation of Proposals, Item 3.2 Stages of
Proposal Evaluation, Item 3.2.4 Cumulative Score). A copy of the Evaluation Form Stage III is attached.
In accordance with Purchasing Policy Procedure PUR 010, Item 10.04, (b), "An award over $50,000 is
subject to the additional approval of Council", please prepare a Report to Council to include the following
items:
(a) any past'work experience with AECOM;
(b) without past work experience, if reference information is acceptable;
(c) the appropriate account number(s) to which this work is to be charged;
(d) the budget amount(s) assigned thereto;
(e) Treasurer's confirmation of funding;
(f) related departmental approvals; and
(g) related comments specific Jo the project.
PI se do not disclose any information to bidders. Enquiries may be redirected to Supply and Services.
AF1jh
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Report To
S Executive Committee
PICKERI V G Report Number: CST 05-12
Date: March 5, 2012
From: Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject: Statement of the Treasurer Respecting 2011 Remuneration and Expenses
of Members of Council and Council Appointees to Boards, Agencies and
Committees
Recommendation:
That Report CST 05-12 of the Director, Corporate Services & Treasurer regarding the
Statement of the, Treasurer respecting Remuneration and Expenses of Members of
Council and Council Appointees for the year 2011 be received.
Executive Summary: Section 284(1) of the Municipal Act 2001 states in part that
the Treasurer of every municipality shall, in each year, submit to the Council of the
municipality, an itemized statement of the remuneration and expenses paid to each
Member of Council. The statement must also include remuneration and expenses paid
to any other person who has been appointed by Council to serve as a member of any
body.
Financial Implications: This report contains no new financial implications as the
expenditures were provided for in the 2011 Current Budget approved by Council.
Discussion: Over the past few years, this report has evolved to include various
categories of expenditures that have been interpreted to be required under the
Municipal Act and/or financial reporting requirements of the Province of Ontario and
professional accounting bodies.
The reference in the Act to "...expenses paid ...to has been interpretated to also
include expenses paid on behalf of a Member of Council or appointee. For example,
assume two Councillors incur the same registration expense to attend the same
conference. One puts it on his charge card and seeks reimbursement from the City
while, the other has the City billed directly. There should be no difference in the
reporting treatment due to the method of payment and this interpretation will accomplish
that.. It also complies with what staff believes is the intent of the legislation. The report
excludes expenditures that are corporate in nature, for example Council receptions,
Committee meeting expenses and City Hall administration and overhead expenses.
Report CST 05-12 Date: March 5, 2012
129
Subject: Statement of the Treasurer Respecting 2011 Remuneration Page 2
and Expenses of Members of Council and Council Appointees
to Boards, Agencies and Committees
Remuneration and expenses paid by Veridian Corporation to Pickering Council
appointees to the Board have been included. The Act stipulates that any body to which
a Council appointment is made must provide the municipality with a statement of
remuneration and expenses paid for the year, and this information must be included in
the Treasurer's report to Council.
Several other bodies to which Council makes appointments have also been included as
an "other body" as required under the Act. However, the many community committees
and groups that Councillors are appointed to have been excluded as, to the best of our
knowledge, no remuneration or expenses are paid.
The amounts paid by the Region of Durham to Regional Councillors are not included in
this report.
Attachments:
1. Remuneration and Expenses of Members of Council
2. Detailed Breakdown of 2011 Expenses
3. Remuneration and Expenses Paid by Veridian Corporation to Council Appointees
4. Remuneration and Expenses of Council Appointees
Prepared By: Approved / Endorsed By:
Avril Payne Gillis A. Paterson
Audit Analyst Director, Corporate Services & Treasurer
Co : Chief Administrative Officer
Recommended for the consideration
of Pickerin y Counci
2Z 20/~
. ' ~J FJ
Tony Prevedel, P. Eng.
Chief Administrative Officer
ATTACHMENT #.~-TO REPORT #t1-'1
130
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1 3 2 ATTACHMENT # TO REPORT #_LS_'~+5 "
Statement of Treasurer
Council Appointees
2011 Remuneration and Expenses
Remuneration Expenses (3) Total
Veridian Corporation (1,2)
Board of Directors
K. Ashe (4) 21,000 526 21,526
D. Dickerson (4) 35,622 10,857 46,479
D. Pickles (4) 21,347 1,823 23,170
D. Ryan (4) 17,000 45 17,045
R. Sutton (4) 18,153 4,452 22,605
113,122 17 703 130, 825
Notes to Veridian Corporation and Board of Directors:
(1) The above information was provided by the Vice President, Corporate Affairs,
Veridian Corporation
(2) Remuneration and expenses are paid by Veridian Corporation as may be
established by the Board of Directors. The term of office for the Board follows
the calendar year therefore, the above expenses are for 12 months ending
December 31, 2011
(3) Expenses include conferences, meals and mileage
(4) Appointed by Council under City of Pickering By-law 7095/10; Resolution
#172/10 for a term to expire December 31, 2014
ATTACHMENT# 4 TO REPORT #Ld16-la
Statement of Treasurer
Council Appointees 133
2011 Remuneration and Expenses
Remuneration Expenses (4) Total
Accessibility Advisory Committee (1)
Councillor O'Connell (5) - - -
T. Arvisais (5) - - -
M. Brenner (10) - - -
D. Dorwood (13,9) - - -
K. Falconer (5) - - -
1. Fogo (5) - - -
S. Little (5) - - -
T. Logan (13) - - -
G. MacDonald-Tuttle (5,6) - - -
D. Manning (5) - - -
A. Heywood-Delpeache (5) - - -
D. Sharma (10) - - -
D. Tierney (5) - - -
S. Wikinson (5) - - -
J. Yacoudmidis (5) _ - -
Advisory Committee on Diversity (1)
Councillor Ashe (5) - - -
K. Mark (5) - - -
C. Miller (5) - - -
D. Panesar (5) - - -
C. Reidt (5) - - -
J. Yacoudmidis (5)
Animal Services Appeal Committee (1)
Councillor McLean (5) - - -
B. Guest (5) - -
M. O'Brien (5)
Committee of Adjustment (1,2)
T. Copeland (5) 1,200 135 1,335
D. Johnson (5) 1,280 62 1,342
E. Newton (5) 1,120 50 1,170
W. Utton (5) 1,120 86 1,206
S. Van Steen (5) 1,200 213 1,413
5,920 546 6.466
1 3 4 Statement of Treasurer
Council Appointees
2011 Remuneration and Expenses
Remuneration Expenses (4) Total
Heritage Pickering Advisory Committee (1)
Councillor Rodrigues (5) - -
T. Arvisais (5,6) - -
T. Besso (5) - '
G. Clow (5,7) - -
C. Gonsalves (5,8) - -
W. Jamadar (5) - - '
C. Julien (5) - -
E. Mason (10) - -
D. Quaife (5) - -
D. Rundle (11) - -
M. Sawchuck (5) - -
S. Sheehan (5) - -
L. Svekis (11) - -
J. Van Huss (12)
Pickering Public Library Board (1)
Councillor Ashe (5) - -
Councillor D. Dickerson (5) - - -
M. Anderson (5) - - -
B. Clifford (5) - - -
R. Coelho (5) - 102 102
B. James (5) - - -
C. Julien (5) - - -
A. Naqvi (5) - - -
J. Sabean (5) - - -
A. Shanahan (5) = 198 198
300 300
Pickering Museum Advisory Committee (1)
Councillor McLean (5) - - -
K. Chalmers (5) - - -
R. Cowan (5) - - -
L. Drake (5) - - -
K. Emmink (5) - -
D. Hudson (5) - - -
B. James (5) - - -
R. Lawson (5) - - -
D. Nita (5) - - -
P. Savel (5) - - -
S. Suckling (5)
Statement of Treasurer 135
Council Appointees
2011 Remuneration and Expenses
Remuneration 'Expenses (4) Total
Property Review Committee (1)
P. Dickson (5) - -
R. Farrell (5) - - -
G. Fernandes (5) - - =
C. Lavoie (5) - - -
J. Singleton (5)
Taxicab Advisory Committee (1)
Councillor McLean (5) - - -
D. Bergin (5)
Waterfront Coordinating Committee (1)
Councillor Dickerson (5) - - -
Councillor O'Connell (5) - - -
J. Berry (5) - - -
K. Corcoran (5) - - -
J. Dike (5) - - -
K. Falconer (5) - - -
M. Robbins (5) - - -
P. Short-Galle (5) - - -
J. Veronneau (5) - - -
S. Wiley (5)
Livestock Valuers (1)
J. Laider (5) 320 14 334
Durham Region Transit (3)
P. Przybylo (11)
Notes to Council Appointees::
All payments are authorized under Council's adoption of the 2011 Current Budget.
(1) Authority: By-law 7095/10
Municipal Act, 2001 Section 283
(2) Authority: By-law 5242/98
Municipal Act, 2001 Section 283
(3) Authority: By-law 7106/11
Municipal Act, 2001 Section 283
136
Notes to Council Appointees Continued.......
(4) Expenses include conferences, travel and meeting expenses
(5) Council appointees for new term commencing December 1, 2010 and ending
November 30, 2014 under City of Pickering Resolution #172/10 for a term to
expire November 30, 2014
(6) Resigned March 2011
(7) Resigned November 2011
(8) Resigned July 11, 2011
(9) Resignation April 29, 2011
(10) Resolution #143/11, Council appointee for a term to expire November 30, 2014
(11) Resolution #13/11, Council appointee for a term to expire November 30, 2014
(12) Resolution #172/11, Council appointee for a term to expire November 30, 2014
(13) Resolution #16/11, Council appointee for a term to expire November 30, 2014