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HomeMy WebLinkAboutJuly 14, 2014 For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@pickering.ca Council Agenda Monday, July 14, 2014 Council Chambers 7:00 pm Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. 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 46 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. 51 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. 72 73 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 83 ~. 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 84 ~. 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 86 87 ~. 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 88 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