HomeMy WebLinkAboutJuly 14, 2014
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TTY: 905.420.1739
Email: lroberts@pickering.ca
Council Agenda
Monday, July 14, 2014
Council Chambers
7:00 pm
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IX) Motions and Notice of Motions
X) By-laws 90-129
XI) Confidential Council -Public Report
XII) Other Business
XIII) Confirmation By-law
XIV) Adjournment
For Information Only
• Minutes of the Accessibility Advisory Committee, May 28, 2014
• Minutes of the Committee of Adjustment, June 11, 2014
July 14, 2014
Delegations
1. Mark Mulder, Manager, Pipeline Projects
Janice Badgley, Senior Community Relations Advisor
Brian MacDonnell, Senior Land Representative
Bev Wilton, Land Representative
Adrienne Fournier, Associate-Community Relations
TransCanada Pipelines Ltd.
Re: Proposed Eastern Mainline Natural Gas Project
32
July 14, 2014
Correspondence Pages
1.
2.
Corr. 18-14
Beatrice Olivastri
Friends of the Earth
200-251 Bank Street
Ottawa, ON K2P 1X3
Council Direction Required
34-37
Correspondence received from Beatric Olivastri, Chief Executive Officer,
Friends of the Earth, seeking Council support to consider sending a letter to the
Province requesting they take practical steps to protect bt;;es and other
pollinators by requiring service providers and contractors to cease all use of
neonicotinoid products.
Corr. 19-14
Joan Wideman·
Board Chair
Rouge Valley Health System
2867 Ellesmere Road
Toronto, ON M1 E 4B9
Receive for Information
38
Correspondence received from Joan Wideman, Board Chair, RVHS, with
respect to deferring the 407 east extension exchanges at Westney and Salem
and the impact this would have on servicing the future Seaton development.
They are requesting the provincial government add these exchanges to the first
phase of the 407 east extension in order to alleviate concerns in providing
efficient access to emergency services.
33
Resolution in Support of Bee Health
by the County ofPrince Edward, May 15,2014
Motion CW-122-2014 as Amended was further amended by Council Motion 2014-189 as Amended at
the meeting held on May 27, 2014 to read as follows:
THAT the report of the Corporate Services and Finance Commission dated May 15, 2014, regarding
Response to April10, 2014 Deputation on Neonicotinoid Use, be received; and
THAT the following resolution be approved:
\VHEREAS agriculture is a foundation of our municipality;
\VHEREAS Princ;e Edward County is committed to policy decisions that promote the health of its
citizens and the viability of its farming community;
\VHEREAS the issue ofbee health is a serious one for beekeepers, farmers and consumers alike;
\VHEREAS there apiJears to be evidence that Neonicotinoid crop treatments present a growing danger
to the health of our environment and the future of agriculture, and play a role in the reduction of the bee
and butterfly population;
\VHEREAS many groups, agencies and authorities worldwide, are investigating the use of
Neonicotinoid crop treatments;
\VHEREAS new seed lubricants are commercially available as a replacement to the talc and graphite
lubricants traditionally used, to assist in the planting of com and soybeans;
NOWTiffiREFORE BE IT RESOLVED THAT:
1. We call on the provincial and federal governments to declare a moratorium surrounding the use of
Neonicotinoid crop treatments, as soon as possible, pending further study;
2. We support the Health Canada requirement, and we urge local farmers to utilize the new
commercially available seed lubricants during hte 2014 planting season When using seed coated in
Neonicotinoid crop treatments, if appropriate, to their farm equipment;
3~ The County show local leadership in this regard by discontinuing use ofNeonicotinoid products on
municipal property immediately;
4. The County consider creating funding for the inclusion of the planting of bee and butterfly friendly
spaces on appropriate County property in the 20 15 budget;
· 5. This resolution be circulated to other municipalities through the Association of Municipalities of
Ontario, to request their support on this serious issues, and further;
6. This resolution be forwarded to the Right Honourable Stephen Harper, The Honourable Gerry Ritz,
Federal Minister of Agriculture andAgri-Food, The Honourable Rona Ambrose, Federal Minister of
36
37
Health, Federal :MP Daryl Kramp, Federal Opposition Members at this time, and the Premier of
Ontario, provincial Minister of Agriculture and local Provincial :MPP immediately after the Provincial
Election.
7. Until such time as a moratorium is enacted where an agronomic assessment shows particular fields
to be at minimal risk of damage from soil insects, we urge farmers to order seed not treated with
insecticide for the 2015 growing season, and we urge seed companies to make adequate supplies
available.
CARRIED
40
3.
3. That Council adopt Informational Revision 21 to the Pickering Official Plan
as set out in Appendix II to Report PLN 14-14;
4. That staff finalize the City Centre Urban Design Guidelines and bring them
back to Council for endorsement; and
5. Further, that the City Clerk forward a copy of Report PLN 14-14 and
Council's resolution on the matter to the Region of Durham.
Director, City Development, Report PLN 15-14
Draft Plan of Subdivision Application SP-20 13-04
Zoning By-law Amendment Application A 8/13
Averton (Brock Three) Ltd. Beaverbrook (Brock Two) Ltd.
Beaverbrook (Brock) Ltd.
North Part of Lot 18, Concession 3
(2695, 2705 and 2725 Brock Road)
Recommendation
153-184
1. That Draft Plan of Subdivision Application SP-2013-04, submitted by
Averton (Brock Three) Ltd., Beaverbrook (Brock Two) Ltd. and
Beaverbrook (Brock) Ltd., on lands being North Part of Lot 18, Concession
3, to establish four blocks for residential development, a block for a road
widening and a collector road, as shown on Attachment #2 to Report PLN
15-14, and the implementing conditions of approval, as set out in Appendix
I, be endorsed;
2. That Zoning By-law Amendment Application~A 8/13, submitted by
Averton (Brock Three) Ltd., Beaverbrook (Brock Two) Ltd. and
Beaverbrook (Brock) Ltd., to implement the Draft Plan of Subdivision SP-
2013-04 and to facilitate a residential condominium development, be ·
endorsed with the provisions contained in Appendix II to Report PLN 15-
14, and that staff be authorized to finalize and forward an implementing
Zoning By-law to Council for enactment; and
3. Further, that applications for Site Plan Approval for lands within the Draft
Plan of Subdivision SP-2013-04 reflect the design and layout of the
Revised Concept Plan as illustrated in Attachment #4 to Report PLN 15-14
to the satisfaction of the Director, City Development.
Executive Reports
4. Director, Culture & Recreation, Report CR 16-14
Community Engagement Strategy Report
Annual Status Update & Priorities for 2014-2015
Recommendation
185-253
5.
6.
1. That Council receive Report CR 16-14 regarding the City of Pickering
Community Engagement Strategy;
2. That Council approve the following five key community engagement
priorities for 2014 and 2015 subject to any required budget approval within
the 2015 budget cycle process:
a) Create a new learning and engagement unit to advise Council &
Departments.
b) Propose a motion for Council consideration concerning the city's
commitment to engagement and adopt a strategy on public
engagement and learning.
c) Involve engagement specialists in the design of public consultation to
support major city planning exer~ises.
d) Work with residents to periodically review and redesign city services
and programs.
e) Develop a long-term strategy for providing information to residents,
compensating for diminished local media.
3. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
Director, Culture & Recreation, Report CR 17-14
Gingerbread Co-operative Nursery School (Pickering) Inc.
-Licence Agreement
Recommendation
254-262
1. That Report CR 17-14 of the Director, Culture & Recreation be received;
and
2. That the Mayor and City Clerk be authorized to execute a License
Agreement to which the Gingerbread Co-operative Nursery (Pickering) Inc.
will be permitted to continue to operate a cooperative nursery program at
Westshore Community Centre from September 1, 2014 to June 30, 2019,
in the form included as Attachment 1, subject to such revisions as are
acceptable to the Director, Culture & Recreation and the Director,
Corporate Services & City Solicitor.
Director, Engineering & Public Works, Report ENG 13-14
Additional Costs for Tender No. T-1-2013
Asphalt Resurfacing on Various City Streets
Recommendation
263-266
41
7.
8.
42
1. That Report ENG 13-14 of the Director of Engineering & Public Works
regarding additional costs for Tender No. T-1-2013 for Asphalt Resurfacing
on Various City Streets be received;
2. That the additional costs in the approximate amount of $248,416.51 (net of
HST rebate) over the original tender amount for Tender No. T-1-2013
Asphalt Resurfacing on Various City Streets resulting in a revised tender
amount of $1,355,628.40 (net of HST rebate) be approved;
3. That the revised total net project cost for Asphalt Resurfacing on Various
City Streets be increased by $119,877.00 from $1 ,244,925. 00 to
$1 ,364,802.00;
4. That Council authorize the Division Head, Finance and Treasurer to fund
the sum of $119,877.00 from the Federal Gas Tax Reserve Fund; and
5. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect hereto.
Director, Engineering & Public Works, Report ENG 14-14
Municipal Street Light Design Standards
-Use of LED Lighting for future street lighting initiatives
Recommendation
267-272
1. That Report ENG 14-14 of the Director, Engineering & Public Works
regarding the use of LED roadway lighting for future street lighting
initiatives be accepted;
2. That Council endorse the use of Light Emitting Diode (LED) technology as
the City standard for street lighting in the Seaton Community;
3. That Council endorse the use of LED technology in future street lighting
capital projects, maintenance programs and other new development
projects where appropriate; and
4. That the appropriate City staff be authorized to take the necessary action
to give effect to these recommendations.
Director, Engineering & Public Works, Report ENG 15-14
Tender for Asphalt and Concrete Repairs
-Tender No. T-14-2014
Recommendation
273-281
1. That Report ENG15-14 of the Director, Engineering & Public Works
regarding Tender No. T-14-2014 for Asphalt and Concrete Repairs be
received;
2. That Tender No. T-14-2014 as submitted by GMP Contracting for Asphalt
and Concrete Repairs in the total tender amount of $347,374.43 (HST
included) be accepted;
3. That the total gross project cost of $392,847.00 (HST included), including
the tender amount and other associated costs and the total net project cost
of $353,772.00 (net of HST rebate) be approved;
4. That Council authorize the Division Head, Finance & Treasurer to finance
the project as follows:
a) That the sum of $49,722.00, as provided for in the 2014 approved
Current budg~t for Asphalt and Concrete Repairs, be funded from
property taxes;
b) That the sum of $121,172.00, as provided for in the 2014 approved
Current Budget for Sidewalks-Sidewalk Rehabilitation Program, be
funded from Federal Gas Tax Reserve Fund;
c) That the sum of $32,483.00 as provided for in the 2013 approved Parks
Capital Budget for the Kinsman Park Football Pathway be funded from
property taxes;
d) That the sum of $11,994.00 as provided for in the 2014 approved Parks
Capital Budget for the Kinsman Park Soccer Pathway be funded from
the Provincial Grant-Investing in Ontario;
e) That the sum of $54,503.00 for the unbudgeted sidewalk projects-
Sandstone Manor and Altona to Fawndale to be funded from Federal
Gas Tax Reserve Fund;
f) That the sum of $16,451.00, as provided for in the Current Budget for
Development Control -Road Maintenance Asphalt & concrete Works,
be funded from other revenues collected from fees and charges
required and related to building permits and cash-in-lieu;
g) That the sum of $67,447.00 for the Transit Bus Pads be funded by a
recovery from Durham Region Transit; and
5. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect hereto.
43
44
9. Director, Engineering & Public Works, Report ENG 16-14 282-291
Municipal Bridge Maximum Gross Vehicle Weight Restrictions
-By-law to establish a load limit for certain bridges under the jurisdiction
Of the City of Pickering
Recommendation
1. That Report ENG 16-14 of the Director, Engineering & Public Works
regarding the establishment of safe load limits on municipal bridges be
received; and
2. That the attached Draft By-law limiting the gross vehicle weight of any
vehicle or any class thereof, passing over certain bridges, under the
jurisdiction of the Corporation of the City of Pickering be enacted.
10. Director, Engineering & Public Works, Report PW 01-14 292-299
Replacement of Playground Safety Resurfacing -Various Parks
-Tender No. T-10-2014
Recommendation
1. That Report PW 01-14 of the Director, Engineering & Public Works
regarding Tender No. T-1 0-2014 for Replacement of Playground Safety
Surfacing-Various Parks be received;
2. That Tender No. T-10-2014 submitted by Lakeridge Contracting Ltd. for
Replacement of Playground Safety Surfacing -Various Parks in the
amount of $165,546.81 (HST included) be accepted;
3. That the total gross project cost of $189,388.00 (HST included) including
the tender amount and other associated costs and the total net project cost
of $170,550.00 (net of HST rebate) be approved.
4. That Council authorize the Division Head, Finance & Treasurer to finance
the project as follows:
a) the sum of $48,952.00 as provided for in the 2012 Parks Capital
Budget to be funded from the Rate Stabilization Reserve;
b) the sum of$14,787.00 as provided for in the 2013 Parks Capital
Budget to be funded from the Parkland Reserve Fund;
c) the sum of $50,000.00 as provided for in the 2014 Current Budget
to be funded from property taxes;
d) the additional sum of $56,811.00 to be funded from property taxes
by transferring funds from the 2013 Property Maintenance Capital
Budget-Property Line Fencing project; and
5. That the appropriate City of Pickering officials be authorized to take necessary
action in order to give effect thereto.
11. Director, Corporate Services & City Solicitor, Report FIN 15-14 300-365
2013 Municipal Performance Measurement Program-Provincially
Mandated Public Reporting of Performance Measures
Recommendation
That Report FIN 15-14 from the Director, Corporate Services & City Solicitor be
received for information.
12. Director, Corporate Services & City Solicitor, Report FIN 16-14
2014 Final Tax Due Dates for Commercial, Industrial and
Multi-Residential Realty Taxes
Recommendation
366-371
1. That Report FIN 16-14 of the Director, Corporate Services & City Solicitor
be received;
2. That the Director, Corporate Services & City Solicitor be authorized to
issue the final 2014 Tax Bills for Commercial, Industrial and Multi-
residential properties with a due date of September 26, 2014;
3. That the Director, Corporate Services & City Solicitor be authorized to
make any changes or undertake any actions necessary, including altering
the due date, in order to ensure that the tax billing process is completed
and in order to comply with Provincial Regulations;
4. That the draft By-law attached to this report be enacted; and,
5. That the appropriate City of Pickering officials be authorized to take the
necessary actions to give effect hereto.
13. Director, Corporate Services & City Solicitor, Report FIN 17-14
Repositioning of Reserves and Reserve Funds
Recommendation
372-379
1. That Report FIN 17-14 of the Director, Corporate Services & City Solicitor
be received;
2. That Council approve the establishment of the following Reserve Funds
and corresponding By-laws:
a) Roads and Bridges
45
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b) Storm water Management
3. That Council approve the following transfers from the Public Works
Reserve Fund:
a) the amount of $755,225.42 to the Roads and Bridges Reserve Fund
b) the amount of $355,274.56 to the Stormwater Management
Reserve Fund;
4. That the Public Works Reserve Fund By-law No. 494/76 be repealed;
5. That the Division Head, Finance & Treasurer be authorized to:
a) Transfer the balance of $7,107.49 in the Doubles Squash Courts
Reserve Fund to the Community Facilities Reserve Fund and that
the Doubles Squash Courts Reserve Fund By-law No. 6190/03 be
repealed; and,
b) Transfer the balance of $2,723.22 in the Move Ontario Reserve to
the Rate Stabilization Reserve and that the Move Ontario Reserve
be closed;
6. That Council authorize a transfer of $700,000.00 from the Rate
Stabilization Reserve to establish a Winter Control Reserve and that the
Division Head, Finance & Treasurer be authorized to transfer funds from
this reserve when:
a) the actual winter control costs exceeds budgeted winter control
costs; and
b) there are no other available surplus funds from other City
operations;
7. That the draft by-laws attached hereto be enacted; and,
8. That the appropriate City of Pickering officials be authorized to take
necessary action to give effect thereto.
14. Director, Corporate Services & City Solicitor, Report Fl N 18-14
Section 357/358 of the Municipal Act-Adjustment to Taxes
Recommendation
380-383
1. That Report FIN 18-14 of the Director, Corporate Services & City Solicitor
be received;
2. That the write-off of taxes as provided for under Section 357/358 of the
Municipal Act, 2001 be approved; and,
3. That the appropriate officials of the City of Pickering be authorized to take
the necessary action to give effect hereto.
15. Director, Corporate Services & City Solicitor, Report FIN 19-14
2013 Building Permit Stabilization Reserve Fund
Recommendation
384-385
It is recommended that Report FIN 19-14 from the Director, Corporate Services &
City Solicitor regarding the 2013 Building Permit Stabilization Reserve Fund be
received for information.
47
3.
49
Director, Corporate Services & City Solicitor, Report LEG 06-14
Proposed Sale of Lands in the Duffin Heights Neighbourhood to
Stonepay 7603860 Canada Incorporated
Recommendation
61-89
1. That the Agreement of Purchase and Sale between The Corporation of
the City of Pickering as Vendor and Stonepay 7603860 Canada
Incorporated as Purchaser, included as Attachment 1 hereto, be
approved;
2. That the Mayor and City Clerk be authorized to execute the said
Agreement of Purchase and Sale subject to minor revisions acceptable to
the Chief Administrative Officer and the Director, Corporate Services &
City Solicitor; and
3. That the appropriate City of Pickering officials be authorized to take the
necessary action to give effect hereto.
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Report FIR 02-14 July 14, 2014
Subject: Supply and Delivery of One New 2014 Model Pumper Rescue Fire Truck Page 2
Financial Implications:
1. Tender-Amount
No. RFP-7-2014 Pumper Rescue Fire Truck
HST (13%)
Total Gross Amount
2. Estimated Pro·ect Costin Summary
No. RFP-7-2014 Pumper Rescue Fire Truck
Miscellaneous Costs
Rescue Tools, Equipment and Fire Hose
Contingency
Sub Total-Costs
HST (13%)
Total Gross Project Costs
HST Rebate (11.24%)
Total Net Project Costs
3. Source of Funds
Fire Services Capital Bud et 5340.1407.6181
Source of Funds
Property Taxes
Development Charges Reserve Fund-Fire
Total
I Net Project Costs (over) under Approved Funds
Budget
$40,000.00
760,000.00
$800,000.00
$568,200.00
73,866.00
$642,066.00
$568,200.00
5,000.00
120,000.00
15,000.00
708,200.00
92,066.00
$800,266.00
(79,602.00)
$720,664.00
Required
$ 36,033.00
684,631.00
$720,664.00
$79,336.oo I
This truck will also be required to be custom fitted with the necessary rescue tools and fire
hoses in order to ready it for service. As noted above, a portion of the unspent funds will be
required for the purchase of this equipment.
Discussion: City of Pickering Fire Services Department currently uses a fleet
of fire apparatus to perform fire suppression related duties throughout the City. This 2015
model pumper rescue fire truck will be utilized in the ·Duffin Heights area. This area has
grown from a few homes on Brock Road to its' current size of over 660 homes in the past
CORP0227 -07/01 revised
Report FIR 02-14 July 14, 2014
Subject: Supply and Delivery of One New 2014 Model Pumper Rescue Fire Truck Page 3
few years. There will also be future additional development in Duffin Heights, it is projected
to begin in early 2016 and have as many as 1,700 residential units by the time it is
completed.
Specifications for this pumper rescue fire truck were compiled by analyzing previous
purchases, reviewing other municipalities specifications and in consultation with Fleet
Services personnel, the Fire Chief and the Pickering Fire Services truck specification
committee.
From an environmental standpoint, the engine powering this new pumper rescue fire truck
meets the Environmental Protection Agencies (EPA) 2014 emissions and fuel efficiency
standards. This will significantly reduce the amount of harmful emissions created by the
operation of this vehicle as well as provide increased fuel economy.
This vehicle will also be equipped with the latest in passenger safety technology including
advanced roll over protection, front and side impact supplemental inflatable restraints and
data logging.
Request for Proposals RFP .No. RFP-7-2014 was issued May 20, 2014 and closed on June
18, 2014. Six companies were contacted and invited to participate and an advertisement
was placed on the City's website to generate interest. Four companies submitted proposals
for this vehicle, one company submitted two proposals and one company was unable to bid.
Proposals were evaluated by a committee made up of the Fire Chief, the Deputy Fire Chief
and the Supervisor-Public Works Administration on June 24, 2014 in the boardroom at the
Operations Centre. The proposals were ranked by each individual according to the selected
criteria, experience and qualifications, quality of construction, conformance to
specifications, ergonomics, service availability, warranty, and price. A combined average
score for each proposal was determined and Safetek Emergency Vehicles Ltd. is the
highest ranking proponent and the lowest cost. Therefore Fire Services recommends the
acceptance of proposal No. RFP-07-2014 submitted by Safetek Emergency Vehicles Ltd. in
the amount of $642,066.00 (HST included) and that the total net project cost of $720,664.00
(net of HST rebate) be approved.
Attachments:
1. Supply & Services summary memo dated June 20, 2014
2. Supply & Services summary memo dated June 26, 2014
CORP0227-07/01 revised
52
63
~TIACHMENT##_ I TO REPORT# LE:G; 0 (o -It/-
1 .of.~ ;2 r
Agreement of Purchase and S~le
This Agreement made thiS 6TH day of
Between:
JUNE '2014.,
The Corporation of the City of Pickering
hereinaftef cafled the "Vendor"
and
Stonepay 7603860 Canada Incorporated
hereinafter called the "Purchaser"
Article 1
Interpretation
1.1 Definitions. ln this Agreement, unless the context other-wise requires, the
terms in quotation marks which are set out below shall have the following
respect{ve meanings:
(a) «Acceptance Date.,; rhearis the date on which this Agreement of
Purchase and Sale is fuHy executed by the Vendor and the Purchaser,
(b) "Agreement'; or "This Agreernenf' means this Agreement between the
Vendor and the Pwchaser and includes all schedules annexed hereto and
form in~ part hereof;
(c) "Authority" means any federal, provincial, regional, munlcipal or other
governmental authority having jurisdiction and "Authorities" means any
two or more of any Authority; ·
(d) ~Esusiness Pay" means any day other than a Saturday; Sunday or
statutory hollday in the Province of Ontario; '·
(e) '~Cityn means The Corporation of the City of Pickering;
(f) ''Closing Date'' means the date on which Ck>sing occurs, which date shall ·
be no Iater than September 3D, 2014 unless extended in: accordance with
seclion 6.2 hereof and "Closing" means the completion of this Agreement
in accordance with tts terms;
{g) "Deposit" mean that portion of the Purchase Price, payable by the
Purchaser to the Vendor in accordance with sections 2.3 {a) and (b);
{h) "Prime" shall mean the rate of interest charged by the Canadian Imperial
1
(i}
(k}
(I)
Bank of Commerce for loans to its commercial customers in Toronto as at
the Closing Date;
"Purchase Price" means the purchase prrce for the Real Property as
set out in section 22;
'"Real Property" means the lands described on Schedule "A" attached
hereto;
-''Requisition Date" means the date that rs 2 0 Business Days prior to
. the Closfng Date;
t'Utilities"shalf.mean erectridty, local gas, telecommunications services,
cable services and other utmty services.
1.2 Headings. The division ofthrs Agreement into separate ArtiCles, Sections and
Schedules and the insertion of headings are for tonvenience of reference only
and shall not affect the construction or interpretation of this Agreement
1.3 Entire Agreement. This Agreement constitutes the enUre agreement
between the parties with respect to the subject matter hereof and, except as
herein stated and in the Instruments ahd documents to be executed and
delivered pursuant hereto, contains all ofthe representations., warranties, and
agreements of the respective parties With re8pect to the subject matter hereof.
There. are no verbal representations, Undertakings or agreements of any kind
between the parties except as set out herein. The Vendors InVitation to Submit
Offer for the Real Property does not -form a part of this Agreement
1 A Severabifity. lf any covenant, obfigation or agreement ofthis Agreement, or
the appHcatron thereof to any person or circumstance shall, to any extent, be
invalid or unenforceabl.e, the remainder of this Agreement or the application of
such covenant, obligation or agreement to persons or circumstances other than
those as to 'J-'hich it Is held invalid or unenforceable, shall not be affected
thereby, Each covenant, obligation and agreement of this Agreement shall be
separately valid and enforceable to the fullest extent permitted by la.W.
1.5 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the Province of Ontario and the appficable laws of
Canada.
64
Article 2
Purchase and Sale
2.1 Purchase and Sale. The Purchaser hereby agrees to purchase from the
Vendor and the Vendor hereby agrees to sell to the Purchaser the Real
Property on the Closing Date on the terms and subject to the conditions herein
contained, for the Purchase Price, subject to the adjustments as provided in this
Agreement
22 Purchase Price. The Purchase Price forthe Real Property shall be the sum .of
TWENTY -MILLioN TWo-Hu!'IDRED FoRTY -s1x THousAND oNE-HUNDRED NINETY -FIVE Dollars ($ 2 0, 246, 19 5. 00 ) in lawful
money of Canada.
2.3 Payrn:en.tof Purchase Price, The Purchase Price shaH be payable to the Vendor
asfoUows:
The Purchase Price shall he payable by:
{a}· certified cheque payable to the Vendor in the sum of
ONE-MILUONlWELVE-THOUSANDTHREE-HUNDREDNINE75/1DDQo!iars ($1.012,309.75 ) in laWfUl rriOl18Y Of
Canada representing 5% .of the Purchase Price, as a Deposit, the prior
receipt of which the Vendor hereby acknowledges; and
65
{b} certified cheque on the Closing Date payable to the Vendor, fn the further
SUm OT NINETEEN-MILLION TWO-HUNDRED THIRTY-THREE THOUSAND EIGHT-HUNDRED EIGHTY-FIVE 25/100 boHars
($ 19,233,885.25 } in laWful money of Canada representing the
balance of the Purchase Price, subject to adjustments as provided herein.
The Deposit is delivered to the Vendor pending completion or other termination
of this Agreement and shall be credited to the Purchase Priee on Closing. The
Deposit shali be held by the Vendor in a non-interest bearing account. In the
event this Agreement is not completed due to the default of the Purchaser, the
Deposit shall be retained by-the Vendor, as liquidated damages and not as a
penalty without prejudice to the Vendor's rights to any additional or alternative
remedies avatlable to it at laW or pursuant to this Agreement.
2.4 Adjustments, The Vendor and the Purchaser shall adjust as of midnight on the
day preceding the Closing Date on accbunt of realty taxes: lfthe fmal amount of
any item to be adjusted in accordance wlth thls section cannot be determined
at Closing, then the initial adjustment for such item made at Closing shall be
estimated bY the Vendor; qCting reasonably. In. each case, when such a cast or
amount is actuatty determined, the Vendor and Purchaser agree to readjust the
amount of the item forthwith.
3
Article 3
Representations and Warranties
3. t Warranties. The Purchaser hereby represents and warrants to the Vendor
that, as of the date hereof;
{a) the PurChaser is not a non-resident within the meaning ofthe Income Tax
Act (Canada) or the Investment Canada Act (Canada):
(b) this Agreement and its obftgations hereunder and the documents and
transactions contemplated herein have been duly and validly authorized by
all requisite proceedings on the Purchaser's part and constitute the
Purchasers legal, valid, btndrng and enforceabfe obi1gations~
(c) the Purchaser will at Closing have the authority and ability to satisfy ali
financial obligations of the Purchaser contemptatad by this Agreement, ·
inc! uding full payment of the balance of the Purchase Price, subject to the
adjustments, as provided ili Section 2.3;
(d} the Purchaser is now and at Closing will be a body corporate exi~ting in
good.standing under the laws of the Province of Ontario with full corporate
power, authority and capacity to enter into this Agreement and carry out
the transactions contemplated hereby; and
(e) The Purchaser will at Closing have fuil and absolute right and power to
receive a transfer ofthe Real Property and to enter into any agreements
contemplated by this Agreement.
The Purchaser acknowledges that the Vendor has entered into this Agreement in fu!l
reliance on the truth and 'accuracy of aU the Purchaser's warranties and
representations expressed herein. ·
3.2. Limitation: Property Sold ''As ls, Where ls", The Purchaser shall purchase
the Real Property as ft exists, without representation, warranty or condition on
the part of the Vendor with respect to fitness~ developabi!lty, planning approvals,
. the timing or cost of development, condition, zoning, environmental state, soil
conditions or phy?icat condition, whether express or implied. !he Purchaser
acknowiedges that it has relied entirely upon its own inspections and
investigations with respect to the quantity, quality, ptanning status, developability,
timing and cost ofdeve1opment. environmental state and value ofthe Real
Property. Without limiting the generality of the foregoing, the Purchaser
acknowledges that the Vendor accepts no liability Whatsoever for the findings,
accuracy or other matters contained in the Vendors lnvttation to Submit Offer, .
any Addenda thereto, or any documents contained :or referred to therein or in
any reportsr \)tans, memoranda or other documents provided by the Vendor.
4
66
67
Article 4
Purchasers Covenants
4.1 Harmonized Sales Tax. The Purchaser agrees that it wiH be as at the CJos.ing
bate a registrant for Harmonized Sales Tax (H.S,T) under the Excise Tax Act,
RS.C. 1985, c. & 15 as amended, a.nd wHI provide evidence of same in form and
substance reasonably satisfactory to the Vendor and its solicitors at the Ciosing
Date, including without limitation, a statutory declaration sworn by a senior officer
of the Purchaser confmning the Purchaser's H.S.T. registration number and that
such registration continues to be in fuU force and effect and an indemnity to the
Vendor for any H.S.T. {and related penalties, costs, interest, or other amounts)
claimed frorn the Vendor in the event the Purchaser does not pay the H .S.T. ·
payable by it in respect of this transaction. In the event that the Purchaser
shalt ·fail to deliver such evidence and such ihdenihlty to the Vendor, then the
Purchaser shafl pay to the Vendor, in addition to the Purchase Price herein, in
accordance with the Purchaser's ob!igatton to pay and the Vendor's obligation to
eoHect H.S. T. under the said Act, an c;1:mounf equal to thirteen (13%) per cent of
the Purchase Price or such other amount as is required pursuant to the said Act
on the Closing Date. All sums required to be paid by the Purchaser as set out in
this Agreement shalf be exclusive of H.S.T. and Purchaser shall pay all such sums
together Wifh applicable H.S.T.
4.2 Assignment. The Purchaser agrees that it shall not assign this Agreement in
whole or in part or otherwise grant any of its rights hereunder to any person, firm
or corporation without the prior written approval of the Vendor, which approval
the Vendor may arbitrarily withhold. Without limiting the Vendor's discretion in
granting its approval, in the event of any such approved assrgn:ment, the
PurchasershaU continue to remain liable hereunder and the assignee shall be·
bound by ail of the terms and conditions contained herein.
Article 5
Title Review
5.1 Title Review~ The Vendor shan not be bound to produce any abstract of title;
title deeds, survey or other evidence of title1 other than as may be in the
possession ofthe Vendor. The Purchaser is to be allowed until the Requisition
Date to examine the title at its own expense. If within that time, any valid objection
to the title is made in writing to the Vendor which the Vendor is unable or unwllling
to remove, remedy or satisfy and whfch the Purchaser will not waive. this
Agreement shaH, notwithstanding any intermediate acts or negotiations in respect
of such objections be null and void, and the Deposit shalf be returned by the
Vendor without interest or deduction. Save as to any valid objection so made
within such time, the Purchaser shaU be conclusively deemed to have accepted
the title of the Vendor to the Rear Property.
5.2 Title. The title shaH be good and free_from all encumbrances, save for any
subdivision or deveFopment agreements, any easements for drainage, drainage
5
structures, hydro, gas, sewers, water, telephone or like SeiVices and rights of
entry, easements, covenants and licenses referred to rn this Agreement or in any
Subdivision AgreemenL DevelopmentAgreement, and/or Site Plan Agreement and
the permitted encumbrances set out in Schedule "B" attached hereto.·
Article 6
Closing
6.1 Preparation of Documents. A transfer of the Real Property shall be
prepared by the Vendor, provided, however, that any Reference Plc:m which may
be requ[red to create a registrable legal description of the ReaJ Property shaH be
prepared and deposited at the exp.ense of the Purchaser. AH registration
charges; tand transfer tax, provincial sales tax and harmonized sates taxes (if
.any) payable in connection with the sale of the Real Property shaii be paid by
the Purchaser. The Vendor and Purchaser shall delfv'er; each to the other, an
undertaking to readjust all items on the Statement of Adjustments as· necessary,
and a bring-down certificate with respect to representations and warranties.
6.2 Closing. The Closing shaH be held in the Land Registry Office. for the Land
Titles Division of Durham (No. 40), or if available, by efectronic registration, on
the Closing Date. The Vendor shall have the sole right and option from time to
time to extend the Closing Date for a period or per!ods up to an aggregate of
ninety (90} days on giving ten (1 0) Business Days' notice to the Purchaser;
Article 7
Remedies
7.1 In the event of the Purchaser's default, the Vendor may, in lts sole and absolute
discretion, by notice in writing given to the Purchaser, terminate this Agreement.
The Vendor's rightto terminate is in addition to and not in substitution for any
other rights or remedies available to the Vendor at law or ~quity.
7.2 1ndemnityand Insurance. The Purchaser shall indemnify and save harmless
the Vendor from and against art claims, demands, proceedings, actions,
damages, casts and expenses which may be made or brought against the
Vendor or whfch the Vendor may sustain, incur or be put to either directly or
indirectly by reason of any breach .of this Agreement, the performance or non-
performance of any other work art ot in respect of the Rear Property by the
Purchaser or any person for whom the Purchaser is responsible at law. The
Vendor shall not be liable in respect of any claim, demand, action or
proceeding which may be made or broughf against the Purchaser by any
subsequent purehaser or owner of the Real Property, and the Purchaser shaU
indemnify and save harmless the Vendor in respect th,ereot ·
6
68
69
the Vendor shall not be liable to any real estate agent or brokerage for any
commission or fees, and the Purchaser shaH ind~mn{fy and save harmleSs the
Vendor in respect thereof.
7.3 No Waiver. No omission by the Vendor or Purchaser to enforce the strict
performance of their respective rights under this Agreement shall operate as a
waiver of any such rights; and no waiver by the Vendor or Purchaser of the
performance by the other of any covenant or provision of this .Agreement shaft,
of Itself; constitute a waiver of any subsequent breach of such covenant or
provision or any other covenant or provision.
ArticleS
General
8.1 Notice .. Any notice given hereunder shan be in writing and may be
personally deUvered; transmitted by facstmHe or mailed, provided at the time of·
mailing there is no postal interruption, and it shall be conclusively deemed to
have been de!Ivere~d rmmediately upon deiivery, or, if transmitted by facsimile;
upon transmission or if mailed;. on the fourth (4th) Business Day after the date on
which such notice shall have been posted by prepaid registered mail to the
recipient's address. Notice shan be sent as foUows or to such other address of
which either party may advise the other in accordance with the foregoing:
To The Vendor: The Corporation of the City .of Pickering
One The ESplanade
Pickering ON L 1V 6K7
Attention: Paul Bigitmi
Director, Corporate Services & City Soiicitor
. Fax No.~ 905.420.0085
To The Purchaser: 7603860 Canada Incorporated
2 Bloor Street West, Suite #700
Toronto ON M4W 3R1
Attention:
Fax No.:
Sal Stone, Regional Coordinator
514.624.1401
82 Planning Act. This Agreement shari be effective to create an interest in
{and onJy ff the pmv!sions of Section 50 ofthe Planning Act, R.S.Q, 1990, c.P-1
· 3~ as amended from time to time, are complied with by the Vendor on or before
completion.
7
8.3 Tender. The parties waive personal tender and agree that tender shall be
validly and effectively made if the tendering party shall attend at the Registry
Office in which the title to the Real Property is recorded, at 3:00 p.m. on the
Closing Date and for the period of on&-half houris ready; willing and able to dose.
Alternatively, tender may be validly and effectively made upon the designated
solicitors for the party being tendered. Payment must be made upon the
designated sorteftors for the party being tendered. Payment must be made or
tendered by certified ch_eque drawn on any Canadian Bank or trust company.
8.4 Gender/Context. This Agreement and its acceptance are to be read with all
changes of gender or number required by the context
8.5 Interpretation. The words "herein", "hereto", !'hereunder", "heretofore",
"herewith", and similar expressions, refer tb this Agreement and not to any clause,
section or portion thereof, unless the context or subject matter otherwise so
requires.
8.6 Binding Agreement. This Agreement when duty executed by the parties hereto
shall constitute a binding contract of purchase and sale and time sbaH in all
respects be of the essence.
8_7 No Merger. The provisions and covenants of this Agreement shaH not merge
oh the closing ofthis transaction., nor shaH the delivery of transfers or deeds
be deemed to satisfy any covenants, agreements, terms or conditions
contained in this Agreement.
8.8 .successors . .Except as herefn eXpressly provided, this Agreement shall extend
to, be binding upon and enure to the benefit of the successors and permitted
assigns ofthe parties hereto.
8.9 Irrevocable. This Agreement has been executed by the Purchaser prior to
execution by the Vendor and until executed by the Vendor, this Agreement shall
constitute an irrevocable offer to purchase by the Purchaser to the Vendor until
4:30 pm or'! June 30, 2014, after which time, if not executed and delivered by
the Vendor such offer shall be nuH and void.
8.10 Confidentiality. The Purchaser, for itself, its directors, officers,
employees, engineers, surveyors, consultants and oth.er advisers,
representative~ and agents (collectively, "Representatives"), agree that they shaH
not, except as required by law, disclose to c;tnyone or use for any purpose other
than the acquisition and financing of the Real Property any information
concerning the Real Property, whether such information was disclosed by the
Vendor or obtained by the Purchaser or its Representatives through their own
investigations and inquiries. The Purchaser shaU reveal such information ·only
to such Representatives (and not to any other persons) who need to know the
same for the purpose of the acquisition and financing of the Real Property and
who are informed of and instructed to comply with the provisions of this Section
8
70 '
Per:
Name:
Titte:
!/We have authority to bind the Corporation.
Aecepted by the Vendor this day of '2014.
The Corporation of the City of Pickering
David Ryan, Mayor
Debbie Shield~ City Clerk
10.
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Schedule ''A"
Legal Description of the-Real Property
See attached.
Firstly,
Part of lot 19, Concession 3, Pickering, designated as Part 10,
Plan 40R-25821, City of Pickering, being PIN 26383...0800 L T;
and
Secondly,
Part of Lots 19 and 20, Concession 3, Pickering, being part of
PIN 26383...0018 L T
74
(1)
(2)
(3)
(4}
(6)
(7)
(8)
(9)
(10)
(11)
Schedufe ''B"
Permitted Encumbrances
Reservations or exceptions of mines and minerals.
Reservations or exceptions in the original grant from the Crown and all statutory
exceptions, reserVations, limitations, and conditions to title provided for in the ·
Land Tftles Act (Ontario).
Liens for taxes, assessments or charges not yet due.
Easements, rlghts-of.:.way and{ or licences now registered (or to be registered
hereafter} for the supply and installation of utility services; drainage, telephone
·services, electricity, fencing; gas, catch basins storm andfor sanitary sewers,
water, cable television and/or any other seiVice(s),
Municipal or governmental agreements and agreements with pubfic1y regulated
utilities, including, without limitation, any development, site plan, subdivision,
engineering and/or other municipal agreement (or similar agreements entered
into with any governmental authorities) and amendments thereto now registered
(or to be registered hereafter) includtng, Without limitation, any agreements
and/or documents required as a cond[tion of subdivision and/or site plan
approvaL
Utility Agreements.
Duffin Heights Developers Group Cost Sharing Agreement, as amended from
time to tirne.
Instrument No. C094360, being a By:.;taw regarding subdivision control.
Instrument No. DR429851, being Airport ZOning ReguJaticms, as amended from
time to time,.
Instrument No. b143061E, being a right:-of-way.
lnstrument No. 0143990, being an easemeht for sewer main purposes._
78
Schedule "C"
Additional Provisions and Development Proposal [if any}
See attached.
79
•' :, .. , ·"'··
81
~. DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
1 EXECUTIVE SUMMARY
The purpose of this Draft Development Concept Plan is to offer accompanying information to the
Submission of an Agreement for the Purchase and Sale dated 2014-06-06, of a 12.5 hectare vacant land
located in the Duffin Heights Neighbourhood, Pickering, Ontario. It is a general outline of the planning
direction Stone pay (7603860 Canada Inc) intends to follow should the company succeed in acquiring the
vacant land.
Proposal
Stonepay (7603860 Canada Incorporated) is a Canadian real estate land devel~per and builder actively
engaged in the industry since 1972. Founded in Montreal, Canada, initially as a single-family
homebuilder, throughout the years the company has successfully completed many comprehensive
gated communities as well a wide variety of building product types. The company distinguishes itself by
extended-term commitments to the facilities management of its builds, significantly superseding the
industry norms. Among its long-standing clients, the company includes many multi-national
corporations including but not limited to many of the world's largest energy sector entities. Stonepay
has successfully completed many Canadian residential and expatriate communities throughout the
world at always the highest Canadian standards. The company has long standing relationships with
many local real estate professionals, including local builders, developers, and most notably with present
land owners within the Duffin Heights Neighbourhood. Committed to the City of Pickering, Stone pay is
enthusiastic of the growth of the city and is actively envisioning a shift of the company's regional office
to the City of Pickering. This would enable the company to further strengthen its ties with the
community while serving as an active employer in the City of Pickering. Since the start, Stonepay has
been and always will be committed to Health, Safety, Sustainability, and Environment. The company's
portfolio of projects falls well within the scope of the proposed development of these lands. Most
significantly, Stonepay welcomes the opportunity to work with senior staff and city council for the
provision of the community.
Development Highlights
Named Duffin Heights Lakeview, the proposed development follows the following vision:
• To construct a wide range of uses centered on key residential areas supported by possibility of
mixed-use areas and community supporting Open Space
• Creation of residential areas that aim to present full range of housing and ownership types, with
freehold and condominium, detached, multiple attached dwellings, stacked dwellings, Janeway
town homes, street town homes, and allow for the opportunity of low-rise to higher-density
apartments
• Focus will be on developing area sustainably as a whole from early concept to long-term care
• Design driven by community notion of Live, Work, and Play all within one same area
• Cooperation anticipated with neighbouring parcels in hopes of achieving more holistic design
program
• Ensure efficient and timely phasing of future infrastructure through Two Phase approach:
Phase One via proposed extension ofTillings Road and a new proposed road running north-
south, and Phase Two via proposed extension of Valley Farm Road
~. DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
" Dialogue with senior staff and city council for increased types of land use as per Regional,
Municipal, and Community guidance, notably South of proposed Valley Farm Road extension
" Management and preservation emphasizing ecological features of site
.. Tree preservation and augmentation throughout the process·
• Efficient urban planning leading to higher density, particularly along the arterial roads
Key Design Elements
.. Two local streets that terminate at Village Green, creating view corridor and terminal vista for
each road.
• Enhanced exposure and access to Village Green with second proposed local street frontage
• Street grid layout allowing for multiple connections to larger internal roadways
" Internal local roads proposed as 17 meters wide with sidewalks on both sides of road
• All major roads consistent with road profiles identified in Duffin Heights Neighbourhood
Development Guidelines
• Maximizing connectivity of local street patterns and walkways encouraging community
interaction and sustainable commuting
• Gradual buildup of density along major roads serving as buffer between spaces
• Functional elements such as Stormwater Management Ponds given carefully integrated to serve
both as functional and visual focal points
• Varying density and massing to allow for more interesting overall final community in which
Open Spaces and buildup environments weave together as community fabric
" Consideration to public transit and pedestrian transit
• Incorporate community into central mixed-use corridor of Brock road which will serve as
connective spine allowing for pedestrian minded City that is safe, lively and attractive for all
82
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~. DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
2 INTRODUCTION
As per the Invitation to Submit Offer of June 6th, 2014, this accompanying Draft Development Concept
Plan has been prepared in support of Stonepay's (7603860 Canada Inc) submission of Offer for the
Purchase and Sale of a vacant 12.5 hectare land situated within the Duffin Heights Neighborhood of the
City of Pickering. This Proposal is a key element to the Offer and within it is found distinguishing
elements of which Stonepay (7603860 Canada Inc) looks forward to working on with senior staff and city
council for the provisions of this community.
GHD Pty Ltd (GHD) has been retained by Stonepay {7603860 Canada Inc) to assist in the preparation of this
Draft Development Concept Plan as an essential element of the Offer.
The Draft Development Concept Site Plan for the lands prepared by GHD depicts how the property is
proposed to be developed. It illustrates general tentative unit-type distribution, Stormwater
Management Facilities, and green space network components, all:
• in conformity with the Durham Region Official Plan (DOP)
• in conformity with the City of Pickering Official Plan (POP);
• consistent with the vision, guidelines and design principles of the Duffin Heights Development
Guidelines (DHDG); and
• consistent with the other applicable Design Guidelines adopted by the City of Pickering
The subject lands are currently zoned 11A"-Agricultural Zone by the City of Pickering Zoning By-Law No
3037, and require an amendment to the zoning by-law to allow urban development of the property. This
said, it is the group's opinion that it may be highly beneficial to investigate official plan amendments
allowing for greater types of land use on the said lands that follow the expected growth of the City,
including but not limited to possible mixed land use opportunities.
Site Context Considerations
The site is within the Duffin Heights Neighbourhood; a mixed use and mixed density area which will be
developed with a full range of public realm, residential neighbourhoods, and mixed retail and
commercial uses.
Directly abutting the land is the Brock Road Mixed Use Corridor which is e?<pected to include higher
density, mid-rise and mixed-use buildings of high architectural quality.
The proposed Valley Farm Road extension and the proposed Tilling Road extension will provide new
arterial road to the west and center of the land respectively providing access to a broad range of
complimentary transportation routes arid land uses found throughout the community, including the
future Seaton Center Retail development.
These lands also have easy access to the existing and future employment areas on Brock Road and
within the city, including the planned Pickering International Airport. All of these will provide
employment centers and related commercial opportunities within very close proximity of these lands.
The site is currently vacant undeveloped land so there is no service by Durham Region Transit public
transit at the site itself. 112D Brock Valley Farm is available from Dersan St and Brock Road. Additional
DRT Pulse connections are available at Kingston Road as well as GO Train service via the GO Pickering
station at Bayly St which includes the recently completed South Parking Structure.
~·· ~···. ~-DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
3 DEVElOPMENT PROPOSAl OVERVIEW
The vision for the Duffin Heights lands is to construct a wide range of uses centered on key residential
areas supported by possible mixed-use areas. Inspired by the many majestic vistas prevalent throughout
the site, the community has been tentatively named Duffin Heights Lakeview.
Along with community supporting Open Space, the residential areas of Duffin Heights Lakeview will
present a full range of housing and ownership types, with freehold and condominium, detached,
multiple attached dwellings, stacked dwellings, laneway town homes, street townhomes, and the
opportunity for low-rise to higher-density apartments. A focus will be given on sustainably developing
the area as a whole, driven by the community notion of a Live, Work, arid Play lifestyle all within the
same area.
Cooperation is anticipated with neighbouring parcels in the hopes of achieving a more holistic design
program.
Guided by a Two Phase approach, site access will be provided in a tentative First Phase via north-south
access by the proposed extension ofTillings Road and the implementation of a new tentatively road
running north-south. East-west access will be via the proposed extension of Valley Farm Road in a
tentative Second Phase, ultimately connecting Duffin Heights Lakeview to Brock Road. This plan would
ensure efficient and timely phasing of future infrastructure.
The tentative street grid layout allows for multiple connections to larger internal roadways, providing
two local streets that terminate at the Village Green, creating a view corridor and terminal vista for each
road. The Village Green will serve as.a community focal point within the development. In addition,
exposure to the Village Green is enhanced with a second proposed local street frontage.
Internal local roads are proposed as 17 meters wide with sidewalks on both sides of the road. This
element is vital to encouraging pedestrian commuting throughout the Duffin Heights Lakeview
community.
There is an idea of a gradual buildup of density along major roads serving as both a buffer and threshold
between the spaces. In addition, a sensibility to varying density and massing will be discussed to allow
for a more interesting overall sense of space in which Open Space and buildup environment flow ·
together throughout the area.
Functional elements such as Stormwater Management Ponds will be carefully integrated in order to
serve as both functional and visual focal points in the design language. There is an expectation to follow
through with this theme of form and function within the entire development.
5
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~. DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
5 Background Information
Durham Region Official Plan
Within conformity to the Durham Regional Official Plan, notably sub-section BB Living Areas, Duffin
Heights Lakeview will incorporate a wide possible variety of housing types, sizes, and tenure.
Efficiency of urban planning will lead to higher density, particularly along the arterial roads. In line with
the DOP and in consideration to the present Agricultural zoning ofthe site, it may prove interesting to
engage in a dialogue with the City of Pickering to address opportunities of aligning project with future
growth ofthe community, most notably in relation to the implementation of mixed-use development as
component of Official Plan Amendments.
Innovative design solutions including orientation and massing will seek to attenuate noise and optimize
orientation within the site context, particularly though careful density balancing through the site.
The proposed development will encourage the fundamental tenants ofthe DOP and promote cost-
effective development patterns that stimulate economic growth within the community.
City of Pickering Official Plan-Neighbourhood 15: Duffin Heights
Within conformity to the City of Pickering Official Plan, a broad mix of housing by form, location, size,
and affordability is expected in the development.
All major roads, notably the proposed extension to Tillings Road and the proposed extension to Valley
Farm Road will be consistent with the road profiles identified in the Duffin Heights Neighbourhood
Development Guidelines.
Particular attention will be given to the architectural design of the entire lands. The architecture will be
unique to the area and will reference the rich history and vernacular ofthe city and region as well
promote the tremendous future potential of the city.
Analysis will further allow for the protection and appreciation of the natural heritage, features and
functions through management and preservation. An emphasis will be on the many Ecological features
of the site. Tree preservation will be carefully addressed throughout the development process and a
further commitment will ensure a green tone throughout the development.
As previously mentioned, the design ofthe Stormwater Management Facility will attempt to include
where feasible a creative integration into the development.
An attempt will be made to maximize the connectivity of local street patterns and walkways, further
encouraging community interaction and sustainable commuting throughout Duffin Heights Lakeview.
In line with the Duffin Heights Neighbourhood Guidelines, Duffin Heights Lakeview will be a unique
part of a lager network of communities within the city and thus the ultimate design goal will be to
attempt to interconnect with these other nodes. The close proximity to the central mixed-use corridor
of Brock road can serve as a linking spine that will allow for the further sustainable growth of a
pedestrian minded City that is safe, lively and attractive for all.
7
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~. DUFFIN HEIGHTS LAKEVIEW -Draft Development Concept Plan
STONEPAY
6 PROPOSED CONSULTANT LIST
For the Duffin Heights Lakeview development Stonepay (7603860 Canada Inc) is committed to ensuring.
that jobs stay local and that local talent is fostered to grow within the community; as such Stonepay
proposes to actively engage local firms. throughout all stages of the project. A tentative short list of local
consultants follows:
• (i) Planning & Engineering Consultants-(GHD)
• (ii) Geotechnical/ Soils Engineering-(Geologic)
• (iii) Tree Preservation-(Cosburn)
• (iv) Hydrogeologic-(as required)
• (v) Landscape Plans (Cosburn)
• (vi) Ontario Land Surveyor-(J.D. Barnes)
7 STONEPAY'S COMMITMENT TO PICKERING
As further commitment to both the City of Pickering and the Duffin Heights Community development
project, Stone pay (7603860 Canada Inc) is actively investigating the possible shifting of the majority of its
Southern Ontario operations to within the city limits ofthe municipality. This would enable the company
to further strengthen its ties with the community while serving as an active employer in the City of
Pickering.
8
Schedule "D"
Addendum to Agreement of Purchase and Sale (The "APS") Made Between The
Corporation of the City of Pickering ("Vendor") and Stonepay 7603860 Canada
Incorporated (the "Purchaser")
This Schedule "D" is an addendum to the APS and forms a part thereof. Any capitalized terms
used herein but not defined in this Addendum have the meaning ascribed thereto in the APS.
The APS shall be deemed to be amended as follows:
1. Subject to the APS, the Closing Date shall be September 30, 2014 or such other date as
agreed to in writing by the parties in writing or confirmed by electronic transmission from
both parties.
2. For the purpose of Clarification, Schedule "C" to the APS refers to the Purchaser's Draft
Development Concept Plan dated June, 2014, which Draft Development Concept Plan
forms a part of the APS.
3. The Vendor and the Purchaser acknowledge that the Vendor has paid for certain
servicing costs, as required pursuant to the Duffin Heights Developers Group Cost
Sharing Agreement (the "CSA"). The amount of servicing costs paid by the Vendor to
date (as confirmed by the Trustee under the CSA) and allocable to the Real Property, is
$101,669.59. The Vendor and the Purchaser agree that this amount shall be shown on
the Statement of Adjustments and credited to the Vendor on Closing. If, for any reason,
the Trustee under the CSA revises its calculation of the amount of servicing costs paid
by the Vendor to date, then the Vendor and the Purchaser undertake to readjust the
amount of the servicing costs forthwith. On Closing, the Vendor and the Purchaser shall
enter into an agreement whereby the Purchaser agrees to execute the CSA and any
subsequent amendments thereto as a Participating Owner and assumes all obligations
related to the Real Property under the CSA and the Vendor is (i) released from all
obligations arising under the CSA with respect to the Real Property from and after the
Closing Date, and (ii) indemnified by the Purchaser in respect of all such obligations.
4. The APS is conditional upon the approval of the Vendor's Council prior to July 31, 2014.
This condition has been included for the sole benefit of the Vendor. If this condition is not
fulfilled, then the APS shall be null and void notwithstanding any intermediate act or
negotiations, and neither the Vendor nor the Purchaser shall be liable to the other for any
loss, costs or damages, and the Deposit shall be returned forthwith to the Purchaser
without interest or deduction.
5. The Vendor represents to the Purchaser and the Purchaser acknowledges that portions
of the Real Property are subject to two short term leases (the "Leases") which Leases
can be terminated by the Vendor upon 60 days' notice to the tenants thereunder. The
Vendor covenants and agrees to terminate the Leases on or before the Closing Date and
deliver the Real Property in vacant possession and shall deliver an indemnity to the
Purchaser for any damages that the Purchaser may suffer resulting from the Leases. In
the event that the Vendor is unable to terminate the Leases and deliver vacant
possession of the Real Property on the Closing Date then the parties agree to extend the
Closing Date until the 51h day following written confirmation by the Vendor that it has
1
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89
successfully terminated the Lease and is able to deliver vacant possession to the
Purchaser.
6. From and after the payment of the Deposit, the Purchaser, its agents, representatives
and/or employees shall be allowed to enter upon the whole or any part of the Real
Property, from time to time, without notice to the Vendor, to undertake surveys and such
tests (including all bore holes required to complete all environmental and soil tests) as the
Purchaser may, in its sole and unfettered discretion, require, including without limitation,
the completion of such undertakings or matters required by the Purchaser to advance its
rezoning or draft plan approval, provided that the Purchaser shall restore the Real
Property to its original condition at its sole cost and expense in the event the transaction
does not close and indemnifies and saves the Vendor harmless from any and all costs,
expenses, liabilities, losses, penalties and damages incurred by the Vendor by reason of
damage caused by the Purchaser or the Purchaser's failure to comply with the foregoing
obligations. Notwithstanding any provision herein to the contrary, this indemnity shall
survive termination of this Agreement. Purchaser shall deliver such insurance to the
Vendor as the Vendor shall reasonably require. Notwithstanding, the Purchaser shall not
bore holes on any property utilized by the driving range tenant under its Lease.
7. From and after the payment of the Deposit, the Purchaser shall, at its own expense, be
entitled to make any applications and/or meet with and/or consult with, to any
governmental authority, to rezone the Property and/or make variances in the Property
zoning and/or to negotiate and finalize any subdivision and/or site plan or similar plan
with any governmental authority and the Vendor covenants and agrees that it will
execute, at the sole cost of the Purchaser, any and all authorizations required by the
Purchaser to enable the Purchaser to carry out its rezoning and/or variance applications
and/or applications provided that such authorizations do not bind the Vendor or the Real
Property, with respect to any development application submitted by the Purchaser.
8. The Vendor covenants and agrees to execute any and all authorizations in writing
presented to it to enable the Purchaser to conduct all normal and usual titles searches of
the title to the Real Property.
9. Section 8.9 (Irrevocable) of the APS is hereby deleted. Save as provided for in this
Addendum, all other terms and covenants of the APS shall continue to be binding on the
parties and time shall remain of the essence thereof.
2
By-laws
7367/14
7368/14
7369/14
7370/14
7371/14
7372/14
7373/14
7374/14
7375/14
July 14, 2014
Being a by-law to limit the gross vehicle weight of any vehicle
or class thereof passing over a bridge under the jurisdiction
of the Corporation of the City of Pickering pursuant to the
Highway Traffic Act, R.S.O. 1990, c.H.8, as amended.
[Refer to Joint Planning & Development and Executive
Committee pages 289-291]
Being a by-law to establish that part of Lot 66, Plan 350,
designated as Part 10, 40R-28284, as public highway. (By-
law attached)
Being a by-law to exempt Block 1, Plan 40M-2500, Pickering,
from the part lot control provisions of the Planning Act. (By-
law attached)
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 26,
Concession 1, City of Pickering (A 5/13) (By-law attached)
Being a by-law to exempt Blocks 2, 3 and 4, Plan 40M-2500,
from the part lot control provisions of the Planning Act. (By-
law attached)
Being a by-law to establish the 2014 Final Property Taxes.
arid Due Date for the Commercial, Industrial and Multi-
Residential Tax Classes. [Refer to Joint Planning &
Development and Executive Committee pages 370-371]
Being a by-law to provide for the establishment of a Reserve
Fund to be known as the Roads and Bridges Reserve Fund.
[Refer to Joint Planning & Development and Executive
Committee page 378]
Being a by-law to provide for the establishment of a Reserve
Fund to be known as the Stormwater Management Reserve
Fund. [Refer to Joint Planning & Development and
Executive Committee page 379]
Being a by-law to adopt Amendment 26 to the Official Plan
for the City of Pickering (OPA 14-001/P) [Refer to Joint
90
7376/14
7377/14
7378/14
91
Planning & Development and Executive Committee agenda
pages 56 -82]
Being a by-law to establish tho$e parts of Lot 6, Plan 282,
designated as Parts 3 and 4, Plan 40R-2841 0 and that part.
of Block 44, Plan 40M-1739, designated as Part 5, Plan 40R-
2841 0, as public highways. (By-law attached)
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 Lots 1, 2 and 3,
Registered Plan 456, in the City of Pickering (OPA 12-001/P
& A 1/12) (By-law attached)
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 Lots 27 and 28, Part Lots
24, 25 and 26, Registrar's Compiled Plan 819, Part Lots 54
and 55, Registrar's Compiled Plan 1041, being Parts 3 and
4, 40R-28010, Parts 7 and 8, 40R-17242, Part 2, 40R-24073
and Part 2, 40R-25532, City of Pickering (A 9/13) (By-law
attached)
99
The Corporation of the City of Pickering
By-law No. 7370/14
.. Being a By-:-law to amend Restricted Area (Zoning)
. By-law 3Q36, asamended, toimplementthe Official Plan of
the City of Pickerin"g, Region of Durham, in P-art oflot26,._
Concession 1, City of Pickering (A 5/13) -. ' . . . .
Whereas the CoUncil of The Corporation of the City of Pickering received an application ·
to rezone the subjett lands being Part or Lot 26,Concession 1, in the City of Pickering to
. permit the development of 14 lots for detached dwellings and 6 blocks to be combined
with (3djacent l?nds for future residential lots; · · · .·
., And vvhereas an amendment to Zonfng By-law 3036, as· e~mended, to. p~rmitsuch uses; .
· ·. _Now therefo~ethe Council of The Corporation of th'e ~ity of Pickering hereby enacts as
follows~ · . · · · · · ·· ..
1. Schedule.!
Schedule I attached hereto with notations and references shown ther~on are .
hereby declaredto be part of this By-law. . . . . .
2. Area Restricted
The provisions ofthis. By-law shall apply to thoseiands in Part of lot 26,
ConcessiOn 1; inthe City of Pickering, designated "S2", "~4", "(H) S2" and
· "(H) S4" on Schedule I attached hereto.
3. General Provisions
No building, structure, land or part thereof shall hereafter be used, occupied,
erected, moved or structurally altered exceptin conformity with the provisions of
. this By-law. · .. ·
4. Definitions
In this By-law,
( 1) (a) • "Bay, Bow, Box Window" shall mean a window that protrudes from
th_e mairi wall, usually bowed, .ganted, polygonal, segmental,
semicircular or square sided with window oh front face in plan; one
or more storeys in height, which n1ay or may not include a .
foundation; may or may not include a window seat; and may
include a door;
By-law No.7370/14 Page 4
. .
(2) Zone Requirements ("S2" Zone and "S4" Zone)
.·No person shall within the lands zoned "S2" and "S4" on Schedule I
attached hereto use any lot or erect, alter or use any bUilding or structure
except ill accordance with the ·provisions as set out in the following table:
"S2" "S4"
Zone Zone
(a) Lot Frontage (i) 12.5 metres 9.0 metres
(minimum) (ii) 13.0 metres for lots
in the cross hatched
area as shown on
Schedule I attached
to this by-law
(b) Lot Area
(minimum) 400 square metres 250 square metres
(c) Front Yard (i) 4.5 metres Depth (ii) 6.0 metres for lots in the cross hatched area (minimum) as shown on Schedule I attached to this
by-law
(d) Side Yard
Depth 1.2 metres
(minimum)
(e) Rear Yard
Depth 7.5 metres
(minimum)
(f) Flankage
Yard Depth 2.7 metres
(minimum)
(g) Building
Height 10.0 metres
(maximum)
(h) Lot
Coverage 38 percent
(maximum)
(i) Driveway
Width 50 percent of the lot frontage
(maximum)
102
· .. ,_ ·,'
103
By-law No.7370/14 Page 5
(3) Spe:;ciaiProvisions ("S2" Zone and "S4" Zone) ·
The followi-ng special provisions s-hall apply to lands zoned-.·
"S2'' arid "S4" on Schedule 1: . · · .-. · · .. ·
:, ' .. ' .. . ·, . . . . . . . . . .
{a) · Garage Requirements~ .. -
_ minimum one p~ivate g(3rage per_ lot attached i() the mai.ri building .
and the vehicular entrance of which shall be locate.d notless than 6.0
metres from thefront.lot line, and notless thari· 6:0 metres fro!T) any
side lot line immediately adjoihin~ or abutting a .reservebn the·_.
·_· _ opposjte side_ ofwhich is a street: · · -·
. · (b) : Garage Projection (maximum): -·
· -·. 2.0 metre~ beyond the wall conL1ining th~ m'ain entrance to the~ ... _
-. · dwelling un,jt; e)(Cept Wher~ a cpvered and Uhentiosedporch extends.
. · . a minimum of 1.8 metres from the Wall containing the main entrance .
to the dwelling unit>in which case no part ofany attached private · .
garage shall extend more than 3.0 metr'es beyond thewall containing .
. the mainentrancetothe_dweiUngunit . --.
. ~-· ' . . -~:. . . . -, . .. . . .. ·. .. . '
: '. -
-· ._ (c)·, Obstruction· of Yards (maximum): · . ·'.
; •. ·r
' ..
• >, ·,'
(i)' anyurienciosedporch_es not exceeding 1.5rrletresinheight•·
· -.. above established grade, may encr()c;~ch a.'maximum _of 2.0
metr$s into the required minimurrlfront yard '·.
-(ii) any uhcover~d decks, platforms ~ndsteps not exceeding 1.5 ·_··--· .
··_metres in height above established grade, may encroach a .
; max_imum of 3.p h}etres into the-required rearyard. . .
-· '(iii) bay, bow or.box win:dow m~y encr()athamaximunl i~to required .
yard~ as follovvs: · · · ~ ·-· · · · · ·
A . front yard 0.6 metres ..
B flankageyard < .. o:a_ metres
. . c· rear yard __ .· ·-0.6 metres.···
-.· D ._· eaves above these features . ·. -may p~oject to a further:
0,6 metres info the · · r~q-uiredfront or reary~rds~ ._
-.
. ~ ... . '
:· __ · ....
. .~.
'
·' .1
. . • . I .
. By-law No.7370/14 · Page 6
.6. Provisions (''(H) S2"and "(H) S4'.' Zone)
. . .
(1). Uses Permitted ("(H) S2'' and "(H) S4" Zone)·
· Untiisuch time q.sthe''(H)" Hoh]ing Provi~ion is lifted, the lands shall n:ot
be lJSed for any purposes other than the following: · · ·
(a) ·Private Open $pace
{2) · Zone Requ.irements(''(H) S2" and ''(H) ~4" Zone)
··.The "(H)'' Holding Symbol shall.notbe rerr10ved from the ''S2" and ''SA':·
zone until the completion of the 'following: . . . . ..
. .
. (a) Thattheiands.are combined with the adjacent lands to: the 6orth and
·. $8.St to ~reate con)plefe residential l.ots to th~ satisfaction pf the City of .··
. Pickering · · · · ·
.... ,·'
7. . Model Homes
. (1) .• · D~spite the provisions of Clause 6J of By-law 303B, a maxim~m of 3 model
homes, together with not f(3Wer thanJwo parking spaces per Model Home,.
may be constructed on th~ lands setbutin·SchedUie I attached to this .
By-lawpdorto the division of tho'seiands by registrations of a plar(of .. ·
subdivision; · ·· · · · · · ·
. ., . .
(2) . Forthepurposeof this By:-la\11/, ·''Model Home" shall niean~ dwellin~g unit
which is notusedfor residential purpose, but which is used exclusively for
sales, display; and marketing purposes pursuant to an ,agreement' with the ·
City ofPickering. · · · · · ·
8,· By--Iaw·30.36
· .. By-h:~w 3036,as a~ended, is herebyfurther amended only to the extent •
necessary to give effec::Uo the provisions of this By-law as it applies to the area
setout in Schedule·I attached hereto, Definitions arid ~ubject matters not ..
. specifically dealt with in this By-law shEll I be governed 'by releyantprovision~;'_of
By-:.law3036, as amended.· . . . . .
104
By-law No, 7370/14 Page 7.
9. ·Effective Date ·
. This By-law shall come into force in accordance with the provisions of the .
PlanningAct. ·
,By~law pa~sed this _14th day of July,20 14.
David Ryan, Mayor
· Debbie $hields, City Clerk · ..
105
·' (" '
._._ .· ....
The Corporation of the Cityof Pickering
• •• < ··., .·' • , ••
·.·I,
Being a By-law to amend Restricted AJE~a(Zoning) By:.la0 30~6~
, as. amen~ded, to implement the Offidal Plan of the City of,. ---
, _ Pick:'ering~ Region of DUrham, in Part Lots 1 ,2, anct), Registered · ·-
.-···plan·4~6~--intheC~ity ofPi~kering. _(QPA_12-001/P &f7.--j/12}
. . Wh~reasthe CbundlofTheGprporation ofthe· City ofPi~kering received ~n application ..
-_ ·-to rezone the subject lands.beihg Part Lqts 1, 2,:and 3,.Registered Elan.4;56,iti the City ---
of Pickering to permitaresidential apart~ent building; -. -· : --. .
Aridwh~reas an-~rn~hdrpentto 13y~i~\ry3036,:asamended; i~theref6redeemed.· :: ----
'necessary; _ . .
• • • ' -~' ,:, .e ( ;.• . ·. '. ,'
. ' . ' .Novythereforethe c·6uh'cil:orT~e;COrp6ratiohhdh$ City ofpickeringhe~ebyenatts_as '
'follOws':· · -_-."-· --· · · · · · · · ---.
'.·. :·.·· .i .·
· ·-Schedules.!, II, ~nd-JU attach~d hereto-with not<hioris and references shown
····-fhereohareherebydeC!aredto be partofthisBy:,lp:v\1. ---· · · ·-· -_ · .: --. . ~ .: . . . '. -. . . '.. : .. . . ' ' .. : ' -. . ' . ... ~ ·.. . . . ·. .. :. . .. '
· ; i '·Area Rest~icted ··;·
· .. ·.,.'
·,1' • • • • j >. ·.· ·: ..
',', .. ·-. ____ : The:p~ovisions 'of this'By-I~V-r. shallappl/to'th?se,I~nds-i~Part Lots 1,2,an9 3, .
-.• ·•-• __ c_ Registered Plan 456; in the Cityof Pickering, designat~d "RH.11 ~4~' on Schedule I .-> ·attachedheret6: ·: · --•-· · · · -· · · · -· __ .· : ·-·-· · · -. ·
. ·-.' .-
· ) 3: . ----.--GeneraliProvisions
·:-· .. ·'
· · __ > No buiidlng,'Tand oc part thereof shalloereafterbe used; occupied,·eretted, move.d
·or structurally altered excepUn conformity with the provisions of this By-law. -
. ' . . -·' ' ~· ,Definitibns · . --. -... , ~.
···::' '· .....
, Jn this By~la\f\i; . . ,. ' . -.. .
·. ·.·. (1) .. "Angulcfr Plane;, shall rnean an_imaginaryflat_surface proje-~ting over a.lot,
atari ,incliriec(ahgle measLirE;;d up trorrr tbe horizOntal·; . --·. . -. . -· -.. ·, ; ·. .· <-:
' . ·-' . --.· .-. . . . . . ·' .-·· ·-:: -: -· . ' c:· :
(2) -._· '«Build-to.:Zone''" sh~ll mean an:are~ of land _inVJhich.-all .or pari: of a building -·.
· -e,lev?tion ofone 6rmo.re buildings is to 9e heated;'~< · · · ·· ---· -----
(3.) --___ i'BUilding, JAp~rtrilent" shall,mean'a building co~tain·ing m·~relhaq: four.-
dweiJirig ;uqits'wh~re the units are connected by Em interiorcorriqor; ·
'(4) "Chi'ld,ren's PlayAre;r':_shall mean an outdoor area on aJotor ori a building_.
. on a lot that is 'communal and avaiiablefor•use by• the occupants-of a. .
building on the. lot and-designed to accpnimodatE~ play~equipm~ntfqr _: .--
recreational use by ch-ildren; · -_----· · ·-, ·
' ' . ·. ;
.,_,..
.'--··
' .
--..... · .
114
. .
The Corporation ofthe City of Pickering ..
By-law No. 7378/14 .
· Being ~ By-lawto. a: mend Re~tricts:d Area (Zoning}
. By.:Iaw 3036, as. amended,. to implement the Official Plan of
, . .. ·· · the~ity of Pickering, Region of Durham, ih Lots 27 i:md 28, ·
· .·. ·.. PartLots 24, 25 i:n1d 26, Registrar's CompiledPian 819, Part
_-Lots S4and 55, Registrar'sCohlpiledPiah 1041 , .. being. .
·. Parts3and.4,40R-'2801.0;Parts 7and8,40R~.17242, P.art 2;
·-4-0R-24073 and Part 2, 40R.:25532;C.ity 6f Pickering (A9/13)
-: ' . . • .. . • ,, ,. . . ... ,• .. ·! ·.
. ·. '·.
Wh.ereE!sthe ¢oundl of The Corpcxation ofthe City of Pickerirm received an applicatiqn~.
tci rezone-the subjectiar)ds being inlots 2]·and28,Part Lots 24,·25and26, Registrar's ·.
·· .. {;om piled. Plan:819,Partlcits54. and 55,,Registrar's Compiled Ple1,n .1041; being P~rts3 . ·.
and 4,40R-2801 0, Parts land 8, 40R~17242, Part2;40R~24073 and Part 2, 40R~25532,
in the City.o{ Pickering to perlllit271ots'for de_tached dwellings ahd 8 blocks for future
residential-development; ·· ··. .·· .·.· · · ··. > · · · · ·
·And vyhereas an amendm~nt to 4oningBy.:law 3036; asarT1ended; to permitsuchuse~;·_.
. Nowtherefore theCou~cilofTh~ Corp~·ration of the Cityof Pk:kering 'hereby.enacts as .· .·
·· follows: · · · · · · · · .... · · · · ·. ·
. . . .
1 .. Schedule 1. ·
Schedule I attached hereto with notations-and references shown thereo~ a·r~
··•. h~rebydeciared to be p~rt oft his By-law~. . ·
··. 2. •. · · Area Restricted
·, ' ..
The. pr6visions ofthis By~law shallappiy to thosela.nds in Lots27 and 2s,· P~rt .·
:Lots· 2( 25 and 26, Registrar's CbfT1piled Plan 819, Part Lot~ 54 and ·55,.. . .
· .. · Registrar's Compiled Plan1041, being Paits 3 and 4,40R~28010, Parts 7 and 8, . · ·.
· ·. 40R.-17242, Part 2, 40f3.-24073.and Part 2;40R~25532, in theCltyorPickering, .. · ·
·design9ted,''R3";:"S3-T',and."(H) S3-.T'on Schedule I attached h~refo. . .
·, • ~ • .; '• • ' • • • I • ' • -
· ·· · 3. · ·· •. General Provisions
123
_,·-. ·.·. ·,
No building,, structure, iahdor part thereof shall h~reafterbe used,. occupied; .. · .··
erected, niQved 6rstnJcturally alteredexceplin conformity \/\lith the provisions of.· ..
th'is By.,.law.
4. D~finitions
In this BY~Iaw, ·
·· .. (1}' (a)~.·· «Bay, Bow, Box Window'; shall rneah a window that protrudes from
thernain wall; usually pawed, canted; ·polygonal, segmental, .
ser:nicircular orsquare sided with vvindow on Jror)Uate in. plan; one
C)rmore storeys in height, which may or may not I~ elude a
foundation; may or may. not include a window seat; and may
include a· door. · · · ·
·_, ·,
By-law No. 7378/14 Page 2
. (2)
.-··
'·-,-
·.·. (3)
. : (4)
(5)
·(6)
.(7)
(a) "Dwelling" shall mean abuilding or part of a building containing one
or more dwelling units, butdoes not include a mobile. homeor
trailer; · · ·. ·
(b).· ' H[)W~IIing Unit" shall mean one or more. habitable rooms occ~pied '
or capable of.being occupied ·_as a single, independent, and ·
separate housekeeping unit ·containing a separate kitchen arid
· ·. sanitaryfacilities; · · . . . · ·
.. (c) · "Dwelling,~Detached'i shall mean a ~in.gle dwel\i~g which is : ... .
freestanding, sep.a:rate anddetached from other main buildings or·
structures. · · .· · · · · ·· · ·
(a) .'. HFioorArea ~Residential" shal1 mean the area ofthe floor surface
·cbntained within the o~tside walls of a ~torey or part ofa storey; .
. (b)
(a)
(a)
(b)
(c)
(a)
(a)
. "Gross Floor Area·_ Res.ideritiali' shali meq.n the aggregate of the · .
floor areas of all storeys ofa building dr' structure, or part thereof as.
'the case may be, other. than a private garage, an attic,. ora cellar ..
. "Height;·,BuUcHng"shall mean the vertical distanc.ebetweenthe _··:
establish_ed' grade; at the frontof the house, and in the case of a flat.
roof, thehighest point' of the roof surface or parapet wa:ll, or in th~·
caS.E;Qf a mansard roofttie deck line,. orin the caseof a gabled, hip·_··
or gambrel roof, the meari height between eaves and ridge. · . ~ ' -' -. -. . . . .
Hlot" shall mean an area of !arid fronting on a streefwhich is used
. orintendedto be us~d asthe site of abuilding, or group of ...
·.buildings, as the case may·be, togefher with any accessory
buildings or structures, or a public parkoropenspace area, ·
regardless of whether or not such lcitconstitutesthe whole ·of a lot
... or blocl\on? registered plan ofsubdJvision; . .. . ... " . . .
. "LotCov~rage" shall mean the combinedareasof all the buildings·
ori the. lot measured at the level of the firstJioor and expressed as a perc~ntage of the lot area; . . . . . . . .· . . . .
· "LotFrbntage" shall mean the width of a lot betvyeen the side lot
· ··nnes measurec;l along a llne parallel to and 7.5 metres distant from
.the front .lotline: · ·
"Private.Garage" shq.ll.mean ~n e~closed, or partially .enclosed
structure-for t[ie storage of one or more veh.iCies, in which structure
nobusiness or service is conducted for profit or otherwise: ·
"Yard" shall mean an -3re~i::iland which is appurtenantto and
·. located_ on the-same lot as a building_ or structure c:uid is open,
uncovered, and unoccupied above ground exceptfor such . . .
acce.ssorybulloings, structures, or .other uses as ar~ speCifically
permittedthereon; · · · ·
124
125
By-law No. 7378/14 Page 3 ···
(b)
(c)
. .
"FrontYard" shall mean a yard extending across the full yvidth of a
lotbetween the front lot line of the lot and the nearest wall of the ·
nea·rest ~ain building or structure on the lot;
· "FrontYard Depth"_shall mean th~ shortest horizontal dimension of·.
.· a· front yard of a lot between: the front lot line and the nearest wa.ll.of
the nearest main building or structure,on the lot; . · ·
-(d).· "Rear Yard" shall mean a yard eXtending across the full width ofa
. _lot between the rear lot line of the lot, or where. there is nO rear lot · ~
Iine; the junction point ci'f the side lot lines, and the nearestwall of
··the nearest main building or structure on the lot;. · ·· · · ·
.. •·. {e) .•. '11RekrYard_ Dep~h''shaii mean the shortest horizon~al dirnensi~n of a: n:iar yard of a lot betWeen the rear lot line oft he lot, or where
. there is no rear lot line, the'junctiOnpoint of th.e side lot lines,-and
the_ riearestwa.ll offhe nepresthi~in building or structure ontbe.lot;
.(f) • ;,Side Yard" shall mean a ;ard ofalofextending fromthefrontyard
' to therear yard, and from tre·side lot linetothe nearest wall of the·.
n~arest mainbuilding dr structure on the lot; · · · · ·
(g) . ''Sicje YardWidth"s~allmean the shQrtest horizontal dirnensionofa
(h) .
(i)
·,side yard of a: lot betwe.en the side lot line arid the>nearestw2111 bf ·. ·
··the nearest main building or stn,Jctureonthe lot; · · .
"FI~nkageSide Yard".sh~Il-mean a side yard if111l1edi~t~ly adj6iriing
a street or abutting on a reserve on the opposite side of which is a.:.·
~~ . .· .·. ' •. .
"Fiankage Side Yard Width" shall mean the sh()rtesthorizontal
_·dimension· of a flankage side yard of a lot between: the lofline··
adjoining a.' street or abutting on areser\ie on the opposite side of
_ wbich is a street; and the nearestwall ofthe riearestmain ·building _ · ·_·
or structure on the lot; ·
0) •.. >•fnteriorSide Yard',' shall meana side yard, other than a flankage
sid~ yard; ·· · · · · · · · · ·
(k) . ''Wall, Front" shall mean the wall ofthe dwelling doses{ fo the front ·lot line. · ·... · · ·· .. . . ·
. -. . ·, ·'' .... ·_ '
5: Provisions ("R3" Zone and "S3-7"Zori~) ·
'( 1)
. . ' . .. . .. .·
UsesPermitt~d ("R;3" and '~s3:..7'!) -. . . .
No persorfshall within the :lands z~ned "R3" and"'S3-7" on Schedui~I .. ·
attached hereto, use any lot or erect, qlter; or use any building or structure ·
.forany purpose except the following: · · · ·
(a) . detached dwelling
. By-law No; 7378/14 Page A
(2) Zo~e Requirements ("R3'; Zoneand "S3-7" Zone)
·•
No person shall within the lands zoned '~R3" and "S3:-7" onSch~dule I
attached hereto use any lot or erect, alter or use any building or structure
except in; accordance with the provisions as set out in. the following table:
"R3" "S3-7"
Zone Zone
(a) Lot Frontage 15.0 metres 12.0 metres (minimum)
(b) . Lot Area 400.0 square metres 350.0 square metres (minimum)
Front Yard
(c) Depth 7.5 metres 4.5 metres
(minimum)
Rear Yard
(d) Depth 7.5 metres
(minimum)
Side Yard minimum side yard
(e) Width 1.5 metres depth of 1.2 metres on
(minimum) one side and 0.6 metres
on the other side
Flankage
(f) Side Yard 1.5 metres Width
(minimum)
(i) maximum
10.0 metres
(ii) maximum
(g)
Building 12.0 metres for the
Height 10.0 metres lots in the cross
(maximum) hatched area as
shown on Schedule I
attached to this
by-law
(h)
Driveway
Width 55 percent of the lot frontage
(maximum)
'
126
127
By-law No. '7378/14 Page 5
' ·. ' . (3)
.·-.· . .
. Special Provisions ('R3"Zone and"S3-7" Zone) . . . -. . .
. · The following special provisions. shall apply to lands zo~ed ..
"R3" and "S3:_7" on Schedule 1:.
(?.)' Garage Requirements: -..
. minimum ·one private garage per lot ~tta:ched to the main building
. and the vehi~ular ehtrance ofwtlich shall be located not less than
-6.0 metres from the front lot line, and notless than .6.0 metres from .
anysideJot line immediately adjoining-or abutting a reserve on the
qpposite side of whcich isa street; . . '•
. (b) Garage Pfojectibn: · ·
2.0. metres beyond th~ ~all containing the main entran~e tothe· .
dwelling unit, excep_twhere a covered and unenplosed· porch extends
. a minimum of 1.8 metres fromthewall containingthe main entranCe·
to thedyvelling unit, in which case no part of any attached .private ·
garageshall-e~tehd more than 3.0 metres beyond the wall containing
· th~ main entran·ce .tothe ·dwelling unit; . · · ·· ·.
·.(c). ObstnJction of Yards (maxim!.JTTi):
· . (i) any .unenclosed p~rchesnot exceeding 1.5 metres Jn height .. · .
. above established grade, may encroach· a maximum of 2;0 metres •
into the r'equired minimum'frontyard; . . ... -. .
. .
(ii) any uncovered decks; platforms and steps not exceeqing
1.5 metres in height above established grade, may encroach a
maximl!m of 3.0 metresinto the required rear yard;
(iii) bay; bow or boxwindow may encroach p. ma:xim_um into required
yards as follows: · · ·
A. ·. front yard
_. . ' :.
· B · {l~mkage yard ·
C. rearyard
D . eaves .above thesefeatures
· ·0.6 metres
: 0.6 metres
.··o.6 metres
rnayprojed to a further .·
0.6 metres into the
required front or reaYyards
6. · Provisions ("(H) 53-7" Zone)
.. (1) Uses Permitted ("(H) S3-:J'; Zone)
Until such time .as the "(H)" Holding Prmtisiori is lifted; the lands shall not
.·.be used for any p'urposes other than the following:
Item/
Ref#
4.
5.
Details & Discussion & Conclusion
(summary of discussion)
June as the document will be posted on the City's website.
She noted that the procedures are a fluid document and
comments regarding election accessibility will be accepted
throughout the election process.
Moved by M. Brenner
Seconded by P. Bashaw
That the committee endorse the 2014 Accessible Election
Procedures.
Carried
Branding_
• Draft Developers Handbook
• Vertical Banner
• AAC Brochure
D. Marlowe discussed branding and suggested that the
committee should include the Accessibility Logo for the items
listed above. Guidelines will be developed to review at the
next meeting.
Events
Artfest Review
D. Marlowe mentioned that the committee's display at Artfest
was well received by both the exhibitor that we sponsored and
the general public.
T. Arvisais mentioned that he expected to see a separate tent
for the Accessibility Committee rather than being part of
another exhibitor's and suggested that the banner be better
positioned outside the tent to be more visible for the Canada
Day event.
Canada Day Planning
D. Marlowe indicated that he will be sending an email to
committee members to confirm their availability at the Canada
Day event, from 12 noon to 5 pm. The committee members
discussed having a challenge/activity to attract people to the
booth. D. Marlowe to confirm with Culture & Recreation for
the booth.
Action Items/Status
(include deadline as
aJ:>propriate)
to L. Harker.
D. Marlowe
D. Marlowe to send
email, RE: Canada
Day event.
All
Page 2 of 4
Item/
Ref#
6.
7.
8.
Details & Discussion & Conclusion
(summary of discussion)
It was noted that the parking lot area where the event is taking
place is not paved.
Reports from Regional AAC Chairs' Meeting
M. Brenner & D. Marlowe attended the May 14th Regional AAC
Chairs Group Meeting. The meeting provides an update on
activities and events undertaken in other municipalities.
D. Marlowe mentioned that Deb Skinner, the Region AAC
Coordinator is retiring and will be replaced by Janet Traer.
Committee members enquired if the Accessibility Advisory
Committee could be represented at the Region's 40th
Anniversary celebrations on June 26, 2014.
The next meeting is scheduled for Wednesday, August 20th (2-4
pm), and a representative from Pickering is invited to attend.
Members should inform D. Marlowe if interested.
Items for submission to the Joint Regional AAC's
Newsletter
The Region's AAC Newsletter will be issued in September and
they are looking for items of interest to be included from the
local municipalities.
After discussion, it was agreed to submit the following items:
-Developers Handbook
-Door Knob Motion
-Photos of Artfest & Canada Day events if available.
5 Year Budget Plan
The committee reviewed the Action Plan for the Facility Audit to
identify top priorities for the upcoming 5 year budget plan.
The following items were selected as top priorities:
1) Parking at City Hall
2) Fully Accessible Washrooms at City Hall
3) Fully Accessible Council Chambers
4) Update and Replace Reception/Membership Counters at
Pickering Recreation Complex
Committee members suggested that improvements to City Hall
should be done as soon as possible as others look to the
municipality for guidance.
Action Items/Status
(include deadline as
appropriate)
M. Brenner&
D. Marlowe
D. Marlowe to enquire
and inform committee
members.
All
All
Page 3 of 4
Item/ Details & Discussion & Conclusion Action Items/Status
Ref# (summary of discussion) (include deadline as
appropriate)
It was noted that the Bentley House location should be added
as part of the review for the 2014 audit
D. Marlowe to summarize priorities and recommendations and D. Marlowe to send
circulate to committee members for comments. email.
9. Other Business All
Enquiry from committee members on how many disabled D. Marlowe to review
permits are issued by the Ministry of Transportation in Ontario and advise at next
and whether we can find out how many are issued in Pickering. meeting.
Committee members requested that a revised email listing be R. Michaud to send
circulated. new list
Questions and discussion ensued on the process to follow for a R. Michaud to forward
Proclamation. This is now coordinated through the Mayor's link to site.
office and the information is available on the City's website.
Committee members requested that a Proclamation request be R. Michaud to prepare
submitted for the December 1st Accessibility Day. draft for review at next
The next meeting is scheduled for Wednesday, June 251h @ 7
meeting.
pm.
Motion to adjourn.
Moved by K. Falconer
Seconded by M. Brenner
Carried.
Meeting Adjourned: 9:30 pm
Copy: City Clerk
Page 4 of 4